« AnteriorContinuar »
Ireland, insulted by England, is now deration of the fame be, for that reason, determined to do justice to herself; there adjourned to the first day of September is no policy therefore left for England next." The amendment was supported but an alliance for libery; and a new em- by the Provost, Meff. Flood, Fitzgibbon, pire will arise from the ruins of the old, Metge, Brownlow, Osborne, &c.; and the expiring lamp of Liberty will again opposed by Sir Richard Heron, the Atburn bright!
torney-General, Solicitor-General Carlea: He then moved to resolve, “ That the ton, Counsellor Browne, Mest. Forster, King's Moft Excellent Majesty, and the Dennis Daly, &c. Lords and Commons of Ireland, are the At twenty minutes past six on Thurs. only power competent to bind, or enact day morning the queftion was put on the laws in this kingdom.”
original motion; and the numbers were, The Attorney General proposed to ad- Ayes 97, Noes 136. journ the question until the first day of September next; and assigned for reaions,
SCOIL A N D. (279.] if the resolution propoled should take The Lords Justice-Clerk and Garden." place, it would militate against many fton went the southern circuit lalt spring, English acts of parliament, which here. the Lords Kames and Kennet the nortofore disposed of millions of acres in this thern, and the Lords Hailes and Braxkingdom; that almost every family in field the western. At Air, Margaret this country would be extreme sufferers, Colquhoun, accused of childmurder, by having their titles invalidated to what was fugitated for non-appearance; and they had long enjoyed as an hereditary the trial of Matthew Hay, farmer in right, 'aod which would be liable to im- Holmes of Dundonald, accused of murpeachment and forfeiture. At the same der by poison, was put off, on account time be reprobated all English acts of of Lord Gardenston, one of the judges, parliament which should be attempted being taken suddenly ill the evening be. to be enforced in Ireland, without being fore, and the trial being expected to recognised by the Srith legiNature. be long. - At Dumfries, Adam John
Meff. Forster, Fitzgibbon, Flood, and fon, innkeeper, who acted as deputythe Provost, spoke against the motion; poftmaster at Moffat, was to have been and Meff. Burgh, Yelverton, &c. for it. tried, on an accusation of abstracting leta • The Provoft pointed out various laws ters and packets, containing bank notes, made fince the reign of Henry li. tende in the course of his business as poftmaing to fhew, that Ireland was a separate fter: but some of the most material witand distinct kingdom, not bounden by a neffes being out of the kingdom, the ny legislature but her own; and deci• trial was put off. - At Perth, James fions by the judges of England, importing, Martin, late poftrunner with the by-bag that Ireland, having a distinct parliament, between Montrose and Brechin, and letcould not be taxed by the parliament of ter-carrier at Brechin, was tried on an England, nor could any law of restraint indictment for secreting and embezzling be binding without the recognition of letters; particularly, one containing a the Irish parliament; and that the rights five-pound bank note, and a power of of Ireland were so well founded, and attorney, keeping the bank.note, and known, that the declaratory resolution destroying the letter and power of attorwas needless. He added, that the refo. ney; another letter, addressed to a sol. Jution, if carried, would involve this dier, containing a half-guinea in gold, country in new difficulties, and be an fent him by his wife in England; and a ungenerous return to G. Britain for third, wrote by a soldier at Brechin to her late commercial concessions to this the trumpet-major at Montrose, enqui. kingdom, when she was struggling against ring about the letter with the half-guithe united powers of Bourbon and A
The jury found the last article merica, and seemed inclined to grant 118 proven, and the first and second articles every thing we could alk.
not proven. He was sentenced to fuf. Mr Fitzgibbon having observed, that fer a month's imprisonment, and then a fmilar resolution was entered into by to be whipt through Perth, bareheaded, the Commons of Ireland in 1641, Mr having a label on his breast expreffive of Burgh moved an amendment, viz." That his crime, “ For betraying trust, by secrethere being on the books a refolution fi• ting a letter committed to his charge as milar to the one now moved, the confi- post-runner or letter-carrier." There
were the moft remarkable cases before could now be obferved ; and he bcing our spring circuit-courts.
pofseffed of three ploughgates of land, On the roth of May were executed, valued at 130 1. Scots, was fully qualiat Edinburgh, David Dalgeifh, for a fied in terms of that act. The justices robbery, committed on the ist of Fe- repelled the defences pleaded for Mr bruary last, at Fountainbridge, near E. Smith, in respect that his three ploughdinburgh, and William Donaldson, a gates of land, valued at 130 1. Scots, soldier in the 31st foot, for breaking in were not a sufficient qualification for any to shops in Edinburgh, and taking goods person to kill game, or have it in their tbence. William Dalgleifh, a younger poffeffion, by virtue of the laws and a&ts brother of David, was asliftant in the of parliament in Scotland, referred to in robbery, and received sentence of death, the said act 13° Geo. III.; and in respect but was recommended to mercy by the Mr Smith acknowledged that he killed, jury, on account of his youth, and be and had in his poffeffion, hares within ing under the influence of his elder bro- the space of fix months from the date of ther; and he received a pardon, on con the complaint, therefore they fined him dition of serving either in the army or in 20 8. Sterling. An appeal was tanavy.
ken againft this fentence to the then enOn the 27th of June a cause upon the suing circuit-court at Air, and the quegame-laws was determined by the high ftion appearing to the judge on the circourt of justiciary:- John Kelly, game- cuit of importance, he certified to the keeper at Blair, in the county of Air, high court of jufticiary at Edinburgh. brought a complaint, in August 1779, The matter was argued before that court before the justices of peace of that coun upon the Irth of March last, and their ty, against John Smith of Swineridgemuir, Lordships ordered parties procurators libelling upon the statute 13° Geo. Ill. to give in informations. Learned inforwhich enačts, " That every person what- mations respecting the game-laws of this soever not qualified to kill game in Scot- country were accordingly laid before the land, who shall have in his or their cu.
court; upon advising whereof, their ftody, or carry, at any time in the year, Lordships' unanimously “ found, That, upon any pretence wbatever, any hares; by the common law of Scotland, all men partridges, pheasants, moor-fowl, tarma- had right and privilege of the game on gan, heath-fowl, snipe, or quail, with their own eftates or property : That, by out the leave or order of a person quali. the act 1621, this right and privilege, or fied to kill game in Scotland, for carry. qualification, was confined to persons ing such hares or other game, and for who had a ploughgate of land, or more, having the same in his or their custody, in property : That the act 1685 ratified he shall, for the first offence, forfeit and and confirmed the general rule laid down pay the sum of twenty shillings, and for in the said act 1621, but introduced a new every other subsequent offence the sum regulation respecting the particular mode of thirty shillings Sterling (35.449.);" of hunting with fowling pieces and setand subsuming, That the said John Smith ting.dogs,under an exception to those porhad transgreffed the said statute, and was feffed of 1000 l. Scots of valuation, and hatherefore liable in the penalties and for- ving licence from the masters of the game: feitures thereof. Mr Smith appeared be. Found, That no evidence had been laid fore the justices, and contended, That before the court of the said regulation the act 13° Geo. III. libelled on, bears and exemption ever having been in obreference to some prior act of parliament fervance since the Union, and that they fising the qualification : That the only are now in desuetude: Found, That the two acts respecting qualifications were appellant having more than a plough. the act 1621 and the act 1685 : That the gate of land in property, had a right, Jast of these ads, which establishes rocol. and was qualified, to hunt, by the law Scots valued rent as the qualification, of Scotland, subject to all legal regulacannot now be in force, as there is an- tions of the game : Found, That he was other requisite in that act to intitle a man not liable to the fines imposed by the act to this privilege, viz. a licence from the of the 13th year of his present Majesty; Masters of the Game, which cannot now and therefore they reversed the decree be obtained, as that office no longer ex- of the justices of the peace, appealed ifts : That the ad 1621, which establish- from; but, in respect of the circumn es a ploughgate of land as the qualifica- stances of the case, found no expences tion, was therefore the only rule which due."
Conclusion of the assembly-proceedings.[277.] reconciled to the engagements that mi
function; which as they cannot well be Two overtures were taken under con- nifters have come under at their ordinafideration May 31:- one from the sy• tion, may prove of most dangerous con. nod of Fife, viz. “ Whereas it is ex- fequence to the interest of religion, and pressly enjoined in fcripture, that mini. to the souls of men committed to their iters should give themselves wholly to the trust.” This overture the synod unanibufiness of their sacred function, and be mously agreed to transmit to the assem. instant in season and out of season in the bly. discharge of it; as it is likewise requi The other overture was from the syred, by divers standing laws of this nod of Perth and Stirling, viz. “ Where. church, that they mould avoid engaging as plurality of benefices with cure is conin employments that might diftract them trary to the constitution, as well as to from the duties of their charge; not- the standing laws, of this church, and withstanding which there are already in- yet of late many minifters have accepted fances, and, if a timely check be not and hold offices inconsistent with that atgiven to the practice, there may soon be tention which at their ordination they more, of persons holding at the fame become bound to pay to the edification time the office of profesior in an uni- of the people under their charge; and versity with that of 'minister in a parish; such as have been nominated chaplains by which means they must not only lose to regiments, without doing any duty much of that time which ought to be at all, receive that allowance and pay employed in preparing for the pulpit, which is designed as the encouragement but may often be so taken up in attend- of those who, by attending their respecing upon their classes in the college, as tive regiments, promote the knowledge to prevent them from visiting the fick, of the principles of religion among fol. and performing the other very necessary, diers, who have scarce any other means though more private parts of the mini- of inftruction in their power; therefore sterial work : - Whereas also it hath the synod humbly overture to the enbeen always understood to be a rule of this suing general afsembly, that they would church, that it ought not to be permit. take some effe&ual measures for remedyted to clergymen to hold a plurality of ing an evil fo juitly complained of, and benefices, that is to say, that no minifter preventing the like practices in time cofhould be poffeffed of an office that gives ming.” him the care of fouls excepting in the On report of a committee to whom particular congregation of which he is there overtures were referred, the afappointed overseer; yet of late it has be- fembly agreed to dismiss them. come a frequent practice, for ministers The presbytery of Lochmaben found, to accept of chaplainries of regiments, that it was not competent for Dr John and of the garrisons in caftles, not fitu. Walker, minister at Moffat, to hold at ated within the bounds of their own pa- the same time the kirk of Moffat and the rishes, the duty of which they cannot professorship of Natural History in the personally perform without absenting university of Edinburgh ; but the synod themselves from the flocks of which they of Dumfries reversed that sentence. have formerly and in the most solemn The synod of Merse and Teviotdale, manner undertaken the charge [26. 289.; having taken under confideration the -38. 342. ;-40. 391.- 41.295, 342.] ; fituation of the public funds of the so that they must be under the necessity church, formed several resolutions, which of neglecting the important functions be they submitted to the afsembly by way longing to one or other of their offices of overture ;-among which were ihese: of parocbial minifters or of chaplains : – That for relieving the church of debt, it is overtured, That the general afrem. and improving its funds, proper attenbly should take such methods as to their tion to economy was neceflary, by abowisdom shall seem meet for properly re- lishing uonecessary offices, and dimiftraining the former, and for absolutely nishing the salaries of offices, which, prohibiting the latter of the above-men- though necessary, bave too bighi aptioned practices, and also in general for pointments : That the offices of Procii. preventing minifters from engaging in rator and Agent for the Church, the any employments that may divert them Church-Agent at London, and the two from (be proper duties of their facred Sub-clerks to the General Assembly, are
not necessary for the public service, tinue their diligence, and, if poffible, ought to be abolished, and their salaries have a fair copy of the collection ready applied to the improvement of the funds: for the review of next assembly. and, That the ottices of Cashier to the The accounts of the procurator, aRoyal Bounty and Clerk to the General gent, printer, and stationer, were orAffembly ought to be united ; and that dered, June 3. to be paid ; but the office the office ought to be held by a clergy. of stationer was abolished; the principal man, with a falary not exceeding sol.- clerk was authorised, to furnish himself, [P. S.] This overture was taken in on and the other gentlemen intitled, with the ist of June. The assembly found, ftationery articles, and to give in his ac. that no member of the synod, who is counts annually to the allembly: and not a member of assembly, could be the article of Psalm-books was found heard on the subject ; and the original unnecessary, and prohibited for the fugrant for 500 l. for defraying the public ture. charges of the church, &c. t and the A petition of Mr James Lawson ftureport by the Barons of Exchequer to dent in divinity, was taken under confi. the Lord High Treasurer thereanent *, deration on Tuesday May 30. It fet were produced, and read. The allem- forth, That in consequence of the judgebly, after reasoning, dismissed the over ment of the preceding assembly [41.285), ture.
the presbytery of Auchterarder, Feb. 2. Immediately after dismisling this over- 1780, prescribed to him a homily, on ture, a motion having been made, That Matth. ix. 13.; which he delivered on as inconveniencies attend the Procura- the 4th of April; upon which, however, tor's holding his office during pleasure, the presbytery did not give judgement; and as the Clerks and Agent of the but appointed him
a lecture from Pl. church hold their places ad vitam aut cul- cxix. 153. - 161.: That he delivered the pam, the assembly should now enact, lecture on the 25th of April; and the
That the Procurator should henceforth presbytery, without giving judgement hold his office ad vitam aut culpam, with on the lecture, prescribed Phil. i. 12. all its rights and privileges expressed in for an exercise and addition: and, That terms of his first appointment, and this the prefbytery's not giving judgement motion was unanimously agreed to.- upon each piece of trial before prefcri. Our readers have seen [8. 246.] how the bing another, being contrary to the estawords during pleifure came to be inserted blished practice, Mr Lawson appealed to in the grant of the offices of Procurator the affembly. On a motion by Mr and Principal Clerk.
Lawson's counsel, May 30. and the This day was likewise taken in a re- consent of the presbytery, the assembly port of a committee, which has conti- remitted to a committee to meet with nued some years, to collect translations the parties, with a view to an amicable from the sacred scriptures for the im- compromise. On report of whom, provement of the public pfalmody; bear. June 2. the assembly remitted to the ing, that they had made considerable prefbytery to proceed to the remainder progress, but expect it will be in their of Mr Lawson's trials, to finish the fame, power, if continued, to enlarge the col- and pronounce their final judgement lection already made, by new transla- thereon between and the firit Wednestions, and to make improvements upon day of May next; and enjoined the prefthose already transmitted; it is therefore bytery, in case they should see cause to propofed, that the assembly continue the reject all or any part of the trials, to committee, and authorise them to cause specify the particular discourse or difthe collection, when completed, to be courses to which they objected, or the printed, and copies of it transmitted to defects on which they founded such sen. each presbytery, that members may make tence of rejection; and in case they observations on it, and be able to judge, should found the rejection on any part whether it ought to be used in the pu. of the questionary trials, to take down, blic worship of the church, and receive or cause to be taken down, in their mi. the fan&tion of some future assembly.- nutes, the questions put to Mr Lawson, The assembly renewed the committee, and to allow him to put down in writing adding to it fix ministers and three el. his answers thereto. ders; and recommended to them to con. On the 5th of June was taken in an
[t . See those notes, p. 329, 30.] appeal from a sentence of the synod
of Glasgow and Air, reversing a fen- ed in a judicial and sentences passed in a tence of the presbytery of Paisley re- legislative capacity; that the former, it specting chapels of ease. — By a fub. was allowed, were not to be altered, fcription opened in 1973, a chapel of but to apply this doctrine to resolutions ease was erected in Greenock; in the e- and sentences passed in a legislative capaftablishment of which, one of the regu. city, would be equally unjust and ablations was, That a new election Mould furd; that the presbytery's approving of take place on the second Tuesday after an erection of a chapel in 1774, under any vacancy should happen. The design certain conditions, could not divest them of which was, that time might not be of a power, according to future circumgiven for fomenting discord. On an ap- stances, to alter or correct, in 1780, plication by the subscribers, the presby. what was done in 1774; and that the tery of Paisley, Aug. 3: 1774, unani. presbytery apprehended they were walkmously approved of the institution; di. ing upon sure ground when they were re&ting, that the election, when made, only adopting a resolution of the very should be fignified to Mr Turner, (mi- last assembly (41. 283.]. - The proprie. nifter of the parish), or his successors tors of the chapel contended, and the in office; and that objections, if any fynod were of opinion, that the enact. were to be made, should be offered with ments of the presbytery in 1774, conftiout delay to their ecclefiaftical superiors, tuted a solemn contract, which neither to be by them cognosced, and finally de- party could infringe without the consent termined. But the presbytery ma al. of the other. The assembly affirmed terations afterwards : They resolved, the sentence of the synod, and enjoined O&. 8. 1777, That proprietors of cha. the presbytery of Paisley, in any future pels of ease should give information to vacancy, and election of a preacher or the minister of the parish, respecting any minister to said chapel, to adhere strictly future vacancy, or intended election, of to their own resolution of the 3d August a preacher, and invite him, at least ten 1774. free days previous to the election, either The assembly was concluded in the uto preside himself at the election, or send sual manner; and the next assembly is another minister of the presbytery in his appointed to be held, in the same place, place, in order that he might report the upon Thursday, May 24. 1781. election to the first presbytery, if necessary; - and they resolved, Nov. 24. 1779, [Two Notes referred 10, p. 327.] That before the electors of a preacher in * (Report, by the Barons of Exchequer in a chapel of ease should proceed to any fu Scotland, to the Lord High Treasurer of ture election, application should be first Great Brirain, on the petition of the made by them to the presbytery, figni General Assemby of the Church of fying their intention, and requesting the Scovand. presbytery to appoint the minister of the Our Noble Lord, parish, or some other minister of the
Duty obliged us, in obedience to your Lorda presbytery, to preside and moderate in Mhip's commands fignified by Mr Lowndes the election, and that a copy of the at this time, to have given our opinion whole minutes of procedure in the elec- of the several petitions and memorials of tion, attested by the minister presiding, Jate transmitted to us. But it being now v2should be produced to the presbytery at cation-time, and the court separated, we have their next meeting, that the presbytery only presumed at present to offer to your might judge of it as they mould fee Lordship our humble opinion in selarion to cause. The proprietors of the chapel the address or petition io behalf of the Ge. applied to the presbytery for redress; neral Asembly. This we have the ra: her but their petition was refused, March 22. presumed to do, because the affair is of moa 1780. But, on an appeal, the fynod of ment, and seems to require dispatch, and Glasgow and Air, April 14. reversed the that by correspondence amongst ourselves we sentence of the presbytery, (which ex
have unanimou:ly agreed to make the fol
lowing report, viz. tended to all the chapels of ease within their bounds), in so far as it related to before the Union, it appears to us, luy iba
As to the allowance the Church enjoyed the chapel of ease at Greenock. - The vouchers cxhibited with the memorials and presbytery, in their Reasons of Appeal, petitions, that King Charles I. of Blelled lay, That the synod forgot the funda- Memory, by his royal grant under the privy mental difference between sentences paff- feal, was pleased, for the reasons and to the VOL. XLII.
Wes therein mepsioned, to allow five hun