time, he could not but disapprove most entirely of a sentiment he had expressed, namely, that the civil authority had been inattentive to the purity of the National Church. This, he would say, was a most unfounded surmise. The Crown had always shewn the highest respect and indulgent kindness to the Church of Scotland. Was not this particularly exhibited in the appointment to represent his Majesty in that Assembly of a distinguished nobleman of their own nation, whose character and conduct adorned the high station he held? by increasing the amount of the donation granted to the Church, to enable it to propagate abroad, particularly in India, its principles and doctrines? The reverend gentlemen was the only one for a century back who thought it necessary to put himself forth as a champion of the Church's rights and privileges; and he could not help thinking, that in this he had assumed to himself a high and presumptuous character. (Loud cries of Order! Order!) He would put a stop to this in one moment; he meant just to say, that he had taken upon him what no other had yet done; and in no other sense did he use the word presumptuous. He would object, in its present form, however, to the subject coming under discussion immediately on the back of the motion. The motion made by the reverend gentleman contained certain declaratory propositions affecting the very constitution of the Church; and it would be quite contrary to the established usage of the Church to harbour such a motion, and in fact any motion, till it has gone through the proper constitutional tribunal, the Committee of Overtures. He would therefore move, that the Assembly submit this motion previous to discussion, if it is to be discussed, to a Committee; and in the meantime, that they do adjourn. Dr Cook entirely coincided with the right honourable gentleman, that the motion ought legally to be first submitted to a Committee, as it was the uniform practice of the Church to let no business come before them except through a Committee. Dr Nicoll opposed the motion, and proposed that the house do now adjourn; but this was decidedly resisted by Mr Moncrieff, who supported the motion at great length. The Lord-Justice Clerk was con. vinced the question should be met manfully and openly, and he would deprecate the idea that it should be imagined the Assembly wished to evade the motion. He did not see why the order should not be justly referred to the two acts which it alludes to, namely, that of Queen Anne and the 32d of Ġeo. III. The act of Queen Anne was not merely temporary, as an honourable gentleman maintained, for he had looked carefully into the Statutebook, and could not find it repealed. He deprecated an unfair construction which had been put upon the meaning of the term, " Sacred Majesty," made use of in the order, which an honourable gentleman seemed to think was meant to intimate that the Sovereign was the head of the Church; but this title, he would affirm, had not a vestige of connexion with such an idea. This term was applied to Queen Anne; and was any thing more common than for the Assembly to address the King by the title of "his most Sacred Majesty?" There was no injunction in the order, he maintained, of any form of prayer, merely because the words to be used were in inverted commas. The Act of Queen Anne dictated certain words to be used, but still allowed the clergy to make use of their own words, and this order had no other meaning than that of the Act to which it referred. There ne ver, he was persuaded, was a time when less doubt could be entertained, that the King, or Government, wished to encroach upon the rights of the Church of Scotland. Could they forget the gracious manner in which their deputation was lately received. by the King-that they were admitted to a closet audience of his Majesty, and that he expressed his resolution always to support the constitution of the Church of Scotland? And were they in the face of this to declare, by assenting to such a motion, that almost the first act of his Majesty's reign was an act to encroach upon the privileges of the Church? Although certain words of prayer in this order was made use of, does that go to say these must be used, and no other? He would mention a case which would illustrate the matter. It often happens, when a clergyman is requested to remember in his prayer a sick person, that a paper is handed up to him, mentioning the name and case of the individual; but is the minister, on this account, to pray for that individual by using the very term written upon that paper? Certainly not; he may use any terms he pleases-and so in the case of this order. He could not help also remarking on the language which had been used, that there was an intention somewhere of invading the independence of the Church of Scotland. (Cries of No, no.) He certainly so understood it. The learned lord concluded by proposing a motion to the following effect: "That whereas the independence of the Church of Scotland, in all matters of faith, worship, and discipline, is fully established by law, the General Assembly finds it unnecessary and inexpedient to adopt any declaration with regard to the late or any former order in council, relative to prayers for his Majesty and the Royal Family." The first motion was supported by Mr J. A. Murray, and the second by Lord Hermand, Dr Lee, and Mr W. Cook. Mr Thomson rose, and begged to be allowed for a few moments to reply to what had been said in opposi tion to his motion. He had been much obliged to a certain reverend doctor, (Dr Cook,) for reviving and refreshing his soul with a stream of constitu tional truths. The learned doctor objected strongly to his motion being discussed or voted upon before it had been given over to a Committee of Overtures; but what was his conduct when the motion of the learned lord was proposed? why, he thought fit not to repeat his objection. (A laugh.) He must now say a word with regard to the learned lord, (Lord-Justice Clerk.) He found fault with the sen timents of a certain pamphlet written upon the subject now before the As sembly. He would only say this much, that he believed it would require all the learning and logic of those who had opposed him to-day to give a proper answer to the substance of that small pamphlet. But the learned lord spoke as if they were identified with the arguments of that publication; he had nothing to do with its sentiments; he must be allowed to think and act for himself, and be judged of by the sentiments he himself had expressed. He could not but make a remark upon an argument of the learn ed lord, with regard to the form of prayer enjoined, and which he had brought forward in a very grave and formal manner, but which, on this account, appeared the more ludicrous. "Suppose," says the learned lord, “a case where a clergyman is requested to remember in prayer a sick person, and a paper is handed up to him to that effect, the clergyman will never think it necessary to use in his prayer the exact words written on that pa per;" from which we are to conclude, clergymen need not, in praying for the Royal Family, make use of the ipsissima verba of the Order of Council. (A laugh.) But did it never strike the mind of the learned lord, that Janet Meiklejohn, who happens to be sick, has a great deal less authority to dictate a prayer for the clergyman than the Privy Council are said to have in prescribing prayers for the Church? (Loud laughter.) And yet this comparison is brought forward by the learned lord with wonderful gravity, as a very capital illustration. (Much laughter.) He would say a word about the inverted commas which troubled gentlemen so much. (A laugh.) The learned lord would not grant that they constituted a form of prayer for the Church. But I will suppose that he writes a letter to his steward, and gives him therein a direction in inverted commas; should the steward content himself with obeying the direction in substance, but not literally, would not the learned lord find fault with him for inattention to his pointed and direct instructions?" Did I not," he would say, "exactly express, and circumscribe my order, by putting it in inverted commas ?" He hoped this would serve as to remember in prayer. A great deal had been urged as to the proofs of attachment expressed to the Church of Scotland; that they had got this thing and that thing, and a thousand other good things,-(a laugh,)—and that the deputation was so graciously received; and some of the individuals, too, who composed it, receiving no doubt many personal favours. But he was just as ready to acknowledge the benefits received by the Church from the Crown as the most strenuous on the other side, and had expressed the same in his motion; from which, he believed, after all their noise about it, their sentiments upon that point were borrowed. He had received no personal favour, and yet he was as much attached to his Sovereign as any one. He was of no political party; belonged to no political club, nor ever attended a party dinner; and yet he felt grateful and attached to his Sovereign for the blessings and privileges which he enjoyed under his government. He had been rather unfairly dealt with, he thought, by the learned gentleman the SolicitorGeneral. That gentleman observed, indeed, that he (Mr Thomson) had conducted himself with propriety; but he certainly must remark that the observations of that learned gentleman had not a tendency to make him persevere in that propriety. (A laugh.) He said he was a presumptuous man, because he set himself up as the champion of the rights and privileges of the Church; but he would ever glory in being the champion of the Church, and in defending, against every attack, its rights and privileges. The Solicitor-General here rose, and denied that he called the reverend gentleman a presumptuous man; he only said, he assumed to himself a presumptuous character. He doubted not but that his language was fresh in the memory of the House. Mr Thomson said, he was just proceeding to shew that it was fresh in his memory. But as to that charge of presumption, which it seems was attached to his character, and not to himself, (much laughter,) he thought if there was any in the case, it lay with the learned gentleman, who gave a direct and unqualified negative to his assertions immediately after hearing them. He concluded by saying, that it was nothing but his warm and inviolable attachment to the rights and honours of the Church that urged him to make his stand against encroachment; and that he could lay his hand on his heart and say, he sincerely thought that this Order of Council On the 29th of May, the Assembly took into consideration the overture of Dr Bryce of Calcutta, respecting certain calumnious passages that had appeared in a number of a periodical work, entitled "The Christian Instructor." The following are the strictures which were the subject of the overture:-" If we were not speaking of the venerable Assembly, we should certainly denounce such a measure as iniquitous, cruel, and tyrannical in the extreme. As to the drivellers who supported it by their votes, we think them vastly silly, and not a little malignant; but as to those who conceived and proposed it, we have not words to express the terror that we should feel if they were invested with that power in the state which they have most unaccountably acquired in the Church. Of those who will sit in the capacity of judges, and, after spending a day in prayer to the God of righteousness for light and direction, deliberately and coolly condemn any man, or body of men, who have not been permitted to appear in their own behalf-we will venture to say that there is no injustice and no mischief of which they are not capable." It may increase the interest of our southern readers in this discussion to mention, that the Christian In structor is well known to be edited by Mr Thomson, the mover of the resolutions relative to the above Order of Council, and considered one of the ablest of the Scottish clergy. Dr Bryce of Calcutta said, that in directing the attention of the House to this subject, he thought it necessary to state, that it had not been rashy or inconsiderately taken by him. The pamphlet in question came under his notice in October last, since when he had given it his most serious consideration; and he could not conceive any subject of greater importance that could come under the deliberation of that House. He was not sure that any apology was required from him for bringing it forward. If he could satisfy the House that the language of the paragraph that had been read was most calumnious, (and no member of that House could possibly read over the passage in question without being convinced of its calumnious nature,) he should then have justified himself in having brought forward the subject. He had, too, an interest connected with the situation he held in their Church. It had appeared, that because he was far away at the period when the offence was committed, some persons had thought it impossible he could be affected by it; but those persons were egregiously mistaken, He entertained a high respect for the character of that Assembly, and he should endeavour to preserve that respect for it. The members of that House had deliberated for hours, and delivered their opinions; yet they are to be held out to the world as "silly and malignant drivellers." He was not a member at the time, but if he had been a member, he should have been proud to have ranked among the “sılÎy and malignant drivellers," as they were called. He thought it was not important whether a majority was great or little; whatever was the num ber of a majority on a vote in that House, it represented the whole; for it might perhaps be said that this calumny was only against a few members. If he had been in the minority on that occasion, he should have felt that the calumny had extended to him even then. It had been said that the language of the overture was frivolous, and he had consented that it should be withdrawn ; but the Committee would not consent to its being withdrawn ; and it now came before them, as had been justly observed by a member of the Committee," with all its imperfections on its head." Some objections had also been urged against the competency of that Court to recognise the charge. If the former Assembly became defunct, he could not conceive a greater absurdity than a letter being addressed to a defunct Moderator of a defunct General Assembly; unless it was the circumstance of a reverend gentleman having made so much stir about a dead letter, which had in consequence occupied the attention of that House for so many hours. That letter was addressed to the Moderator; it could not have meant the Moderator of the present Assembly, for the first step the General Assembly always took on commencing its session was to elect a Moderator. But granting that the General Assembly was defunct from the close of its session, was it generous or manly in a public writer thus to attack a defence. less body? He recollected a good old adage-De mortuis nil nisi bonum; but this was now reversed, and we had -De mortuis nil nisi malum. But if such was really the case with respect to the last General Assembly, and its respectability could be so injured, it afforded the strongest reason for the present Assembly taking it under its protecting wing. When it was considered how necessary the clergy are, whatever militates against their usefulness was surely deserving the interference of that Court. And granting they had no power themselves to punish such an offence, there may be still a means of protection available to that Assembly. Dr Nicoll now rose and moved, "That, whereas the language brought under the review of the Assembly by this overture, and contained in No. CXI. of the above publication, (the Christian Instructor,) is, in the opinion of this Assembly, highly calumnious, calculated to injure the character of many ministers and elders of this Church, who were members of the last General Assembly, and to vilify and degrade the Supreme Judicatory of the Church in the estimation of the country. The Assembly therefore remit the matter to the Procurator, who is hereby instructed and enjoined to take such steps as may appear to him to be competent and expedient for correcting the present, and preventing the repetition of similar offences; and, if any difficulty shall occur in carrying this into effect, the Procurator is farther instructed to apply for advice and direction to any of the stated meetings of the Commission; and the Assembly hereby authorize the Commission to receive any report made by the Procurator, to give directions, and finally to decide in this matter as they shall see cause." Dr Irvine seconded the motion. Mr Brown of Langton, in a speech of some length, opposed Dr Nicoll's motion, and concluded by proposing the following, as containing the sense of the Assembly:-" The General Assembly, having considered the overture, and the particular expressions quoted therein from the Christian Instructor, as requiring the animadversion of the Assembly, find, that the |
