SPEECH

IN THE

GENERAL ASSEMBLY,

ON THE

TRANSPORTATION OF DR C

MODERATOR,

S it is ufual for people to differ almost upon

A every subject, I am not surprised that there

fhould be fome in this Affembly, who are for appointing that this tranfportation fhall take place; but I apprehend it is really ground of surprise to fee the way in which they urge their opinion. They do not speak as if they were weighing and deliberating upon the caufe, that they might be able to give a juft determination; they do not speak as if clearly fatisfied themfelves, or as if they defired to convince others, and bring them over to their own

opinion; but they speak in an overbearing manner, and prefs the conclufion with a vifible di leafure at the time spent upon it, and impatience that any body should differ from or contradict them. But as pofitivenefs is feldom any ftrong prefumption of a good caufe, fo I think it is very much. mipla.ed here; and as the quiet and comfort of a large parish immediately, and the whole country-fide more remotely, depends upon our decifion, I hope the affembly will not give it till after mature deliberation, and with real impartiality.

The first thing, no doubt, to be confidered is, whether the commiffion have exceeded their powers, that we may fee whether we have room at all for the other question, about the expediency of this transportation; and after reading the words of the affembly's remit, I cannot help being of opinion, with the great majority of the members of prefbytery, that the commiffion had no power to determine this caufe. Is it not plain that this is not the caufe which was before the laft affembly? and is it not confeffed on all hands, that the commiffion had no title to take in any caufes but fuch as were remitted to them? Is it not plain, that the words in any after queftion relating to this fettlement, are not to be found in it? It is alfo proper to obferve, from the almoft conftant use of these words in the remits of the affembly, that they do not suppose that a queftion relating to the fame fettlement with another, makes it the fame cause. The answer made to this is, that it was a mistake or omiffion in the clerk of the affembly. Admitting, Sir, that this had been the cafe, it would be extremely wrong and

dangerous to approve the commiffion in paying no regard to that legal defect, but taking in the cause, For the affembly itself to make free with, and defpife eftablished forms of procedure, is of the very worst confequence. I have heard fome honourable members, eminently skilled in the law, affirm, that for a court to defpife even its own forms, is to make way for the admiffion of many inftances of great and real injuftice. But for the commiffion, which is a delegated court, fo far to come over form as to take in a cause not remitted to them, is a bold tranf greffion with a witnefs; and, if allowed, must be attended with confequences which it is impoffible to foresee, but can scarce be imagined worse than they really will be in effect.

But, Sir, why fhould any fay this was either an omiffion in the clerks, or an overfight in the last, affembly? I am fure, for my part, I think they would have done wrong had they done it in any other way. What is the reason of this clause, (or any after queftion), when it is inferted? It is after the part of the caufe is decided, to prevent contentious people to protract a fettlement by foolish and frivolous appeals upon every little interlocutor or resolution of a prefbytery in carrying it into execu tion. But in this cafe, neither all the parties, nor the principal part of the cause itself, was before the affembly at all; and I dare fay, we may all remember to have heard it given as the opinion of the most judicious members of this church, that it is a very wrong measure to refer any caufe of moment to the commiffion, that hath not been in a good measure VOL. VIII. B b

heard and understood by the affembly itself. Moderator, I beg leave further to fay, that I hope this affembly will not authorise the commiffion in making a long arm, to take in caufes without fufficient powers, because the commiffion is certainly the moft unhappily constituted court of any in this church. I fay this without intending, and I hope without giving offence to any body; for, fuppofing human nature in us to be just what it is in other people, the members of the commiffion being fo numerous, and spread over all Scotland, few of them attend voluntarily, and it is,the easiest thing in the world for interested perfons to bring up a number of a particular way of thinking, and they may carry any cause whatever.

Thus, Sir, it appears, that the fentence of the commiffion has plainly exceeded their powers in fome measure, even by the confeffion of the friends of this tranfportation. Let us confider it a little in itfelf, and fee if it is like to be fo great a benefit, or fo great an honour to this church, as that we fhould either forgive the commiffion the encroachment they have been guilty of, or fhould now do ourselves what they have formerly done in a precipitate and irregular manner. Upon this branch of the subject I am very much at a lofs, not what to fay, if every thing were to be brought out that might be urged against it, but to bring the argument within fome compafs, and chiefly indeed to discover fome hope of fuccefs, by reafoning from fome common principles on which we shall generally agree.

Moderator, I take this opportunity of declaring before this affembly, that I have always had the

deepest sense of the dishonour and lofs of authority which this church has fuffered, and what indeed is infinitely more, the injury which the souls of men have fuffered, by many fettlements in which we have ordained a paftor without a people; at the fame time, I am fenfible that many worthy men and faithful minifters look upon themselves as under a neceffity in fome fuch cafes from the law of patronage; and I am afraid many, from a habit of doing this where there is neceffity, are unwilling to come out of the fame tract, and continue to do it when there is no neceffity at all.

Moderator, I defire it may be observed, that I do not believe, and I know nobody fo foolish as to believe what is commonly imputed to us, that any Christian, as fuch, has a right to call a minister on an establishment. We know that nobody has any right to call a minifter on an establishment, excepting those to whom the law gives it; neither would I contend that every man ought to have a right, though we had it in our power, to make laws upon that subject, fince this feeming equality would be a vile inequality. But, Sir, I would chufe to form my judgment upon a few principles, in which, I fhould think, hardly any in this affembly would difagree. Has not every man a natural right, well fecured to him in this happy ifland, to judge for himself in matters of religion, and in fact to adhere to any minister he pleases? Is not the legal ftipend intended to provide a fufficient and useful pastor to the people within the bounds of a certain parifh? Can he be of much fervice to them, if he be upon ill terms with them? or can he do them any at all