a vote upon their question, and after the whole day had been spent in fruitless opposition to their wishes, Mr. Gib gave in a protest, importing inter alia, that the question was at first irregularly thrust in upon the synod, and irregularly pushed unto the turning of them aside from their proper business and duty -that it proceeded upon a resolution of the former sederunt, suppressing proper light about the subject, to be had from a consideration of the reasons of protest, and the answers-that it tended to introduce a sinful and dangerous innovation of subjecting the lawful decision of synod upon a controversy of faith, and case of conscience, unto the consultation of inferior judicatures, particularly kirk sessions, and that an affirmative upon the question must run upon a toleration scheme, by judicially allowing of, at least for a time, the swearing contradictory oaths, viz. the burgess oath, and the oath of the covenant. This protest was adhered to by all the above named ministers, Mr. Scot and Mr. William Mair excepted, and the synod was adjourned for about an hour, it being now seven o'clock at night."

When the synod again met between the hours of eight and nine, the same violent contendings were renewed and carried on for several hours-the protestors on the burgher side still insisting to have the vote upon their question put, against which the following protestation was at last entered, "Whereas, notwithstanding of protestations regularly entered to the contrary, the reverend synod is going on to a vote upon this question, I, Alexander Moncrief, minister of the gospel at Abernethy, do, in mine own name, and in the name of all who shall herein adhere unto me, protest that this meeting is not, nor ought to be held and reported a due and lawfully constituted meeting of the associate synod in this step, because they are proceeding upon a resolution of yesternight, which suppresses proper light upon the subject of the question, while many members were never present at any judicial examination thereof, and some have been complaining that they are precluded from necessary acquaintance therewith; and because, notwithstanding much insisting to the contrary, the members, protesting against the

Scots Magazine for 1747. Gib's Display, &c. &c.

sentence of the synod in April, 1746, who are necessarily and directly parties upon the question, are sustaining themselves judges for voting in it," &c. &c. To this protestation an adherence was immediately declared by the other eleven ministers who had dissented in the entry of the forenoon's sederunt, and by Mr. Patrick Mathew, as also by ten elders. Nothing, however, could stay those on the side of the oath from pushing the vote. The moderator craved a delay, but was again and again required to call the roll, or order it to be called, but he returned no answer. Mr. William Hutton, clerk pro tempore, was also loudly called upon for the same purpose, but, though he had been violent enough upon that side, he obstinately held down his head upon the table, and made no reply." One of the party, John M'Cara, then called the roll, and another of them, Mr. Henry Erskine, marked the votes, which were, in the expressive language of one of the actors, taken "in a chaos of absurdity and confusion." Thirteen ministers, and ten elders, had but a little before entered a solemn protestation against taking the vote, and of course could take no part in it; the voters, when they were collected, were only nine ministers, and eleven elders, and of these, six ministers, and one elder, having been originally protestors against the synod's decision in April, 1746, had given in reasons of protest, but had obstinately refused to have these reasons, with the answers that had been prepared to them, read, and of course were directly parties in the cause. Thus twenty voters, and of these twenty, thirteen only legal voters, carried a deed against twenty-three standing in solemn opposition before them, under cover of all legal forms that, in the circumstances in which they then stood, it was possible for them to employ.

In this most extraordinary crisis, the moderator of the former meeting of synod, considering the present moderator as having ceased to act as such, read the following declaration and protestation:-" Whereas, this meeting of synod have now passed a vote, and made a resolution upon the affirmative of that question, which has been insisted upon, in opposition to a proceeding unto the reasons of protest against the sentence of synod in April, 1746, with the answers to said reasons; and considering the two protestations which have been entered this

day concerning that affair; and considering that by the foresaid step this meeting of synod have materially dropt the whole testimony among their hands, allowing of, at least for a time, a material abjuration thereof; and considering that beside a considerable number of elders, the majority of ministers in this meeting,—who are the proper judges in a controversy of faith and case of conscience, and who could be judges in the present controversy,-have been all along at this meeting contending for the proper business and duty of the synod, in opposition to the contrary torrent:-Therefore, I, Thomas Mair, minister of the gospel at Orwell, do hereby declare and protest, that the lawful authority and power of this associate synod is devolved upon, and must be in a constituted meeting of the foresaid members, ministers, and elders, together with any other members who shall cleave unto them in a way of confessing what sinful steps and compliances they have fallen into upon this occasion; as likewise I declare and protest, that the foresaid members ought, in duty to the Lord and his heritage, to take up and exercise the authority and power of the associate synod, lawfully and fully devolved upon them as above, and for this end to meet to-morrow at ten of the clock, forenoon, in Mr. Gib's house, that they may regularly enter upon, and proceed in the business of the synod." After reading the above, Mr. Thomas Mair, with the other twelve ministers, and ten elders, immediately withdrew, the present moderator withdrawing at the same time, two o'clock in the morning of the tenth of April, 1747.*

A more deplorable circumstance certainly never took place in any regularly constituted church, nor one that more completely demonstrated how little the wisest and the best of men are to be depended upon, when they are left to the influence of their own spirits. The very individual persons, who, in a long and painful dispute with the established judicatures upon points of the highest importance, had conducted themselves with singular judgment, prudence, and propriety, here, upon a comparatively trifling question, and of easy solution, behaved in a manner not only disgraceful to the Christian, but to the human character

Gib's Display, &c. &c. Scots Magazine for 1747.

-violating in their rage to carry a favourite point, by no means of the highest moment, the very fundamental principles of order, without preserving which, it is impossible rationally to carry on the affairs of society.

Following up his protestation, Mr. Thomas Mair, on the forenoon of the same day, April tenth, met with the brethren adhering to him, in the house of Mr. Gib, consisting of the following persons. Of the presbytery of Dunfermline, Messrs. James Thomson, Alexander Moncrief, Thomas Mair, George Brown, and William Campbell, ministers; Alexander Lyel from Burntisland, William Henderson from Abernethy, David Donaldson from Ceres, Thomas Bogie from Lesly, and Thomas Drysdale from Muckhart, ruling elders; of the presbytery of Glasgow, Patrick Edmond from Balfron, ruling elder; of the presbytery of Edinburgh, Messrs. Adam Gib, Andrew Clarkson, Patrick Mathew, James Scot, John Whyte, George Murray, and Robert Archibald, ministers, with Andrew Graham from Linlithgow, Charles Scot from Midholm, Walter Henderson from Gateshaw, John Wilson from Dunse, and James Johnston from Annandale, ruling elders. The meeting was constituted by prayer, and Mr. Thomas Mair was unanimously continued moderator. The principal part of the sederunt was "spent in prayer, making confession of the Lord's goodness toward them, as also of their staggerings and shortcomings in his work." An overture to that purpose being then proposed, and deliberated upon with prayer, they unanimously passed an act asserting the constitution. and rights of the associate synod, according to previous contendings for the same, in which "they did, and hereby do find according to the foresaid declaration and protestation, that the lawful authority and power of the associate synod is lawfully and fully devolved upon them, and lies among their hands-that they are the only lawful and rightly constitute associate synod, with the said authority and power-and that they are obliged, in duty to the Lord and his heritage, to exercise the same, for supporting and carrying on the testimony which the Lord has put into the hands of the associate synod, in opposition to the material dropping, and allowing of, at least for a time, a material abjuration of that whole testimony, by

the resolutions foresaid, and the method of carrying on the same." At another sederunt the same day, "they did, and hereby do find, that none of the ministers and elders, presently in a way of separating from the associate synod, and from the testimony among their hands, ought or can return to a seat in this synod, but in the way of confessing the sinful steps and compliances which they have severally fallen into about the two resolutions mentioned, and the method of carrying on the same; that none of the associate presbyteries can be lawful in their constitution or proceedings, but in a way of subordination to this synod." Clauses of the same import were passed with regard to sessions, elders, and probationers, and the young men presently on trials before the presbytery of Glasgow, were ordered to be remitted to one or both of the other two associate presbyteries; and finally it was resolved, that as the foresaid ministers and elders are hereby invited and beseeched in brotherly love to return unto their duty, so the synod ought in due time, and as the Lord shall clear their way, to consider upon calling them to account for their conduct aforesaid, according to the discipline of the Lord's house, providing they shall not return to this synod, in the way of confessing the sinful steps and compliances which they have severally fallen into as above.

After passing a number of acts relative to this subject, the synod proceeded to add two questions to their formula, for being put to young men before license, and to ministers before ordination, viz.-" 1st, Are you satisfied with, and do you purpose to adhere unto and maintain the principles about the present civil government, which are declared and maintained in the associate presbytery's answers to Mr. Nairn's reasons of dissent, with the defence thereunto subjoined? 2d, Do you acknowledge and promise subjection to this presbytery, in subordination to the associate synod as presently constituted, in a way of testifying against the sinful management of the prevailing party in the synod, at some of the first diets of their meeting at Edinburgh, in April, 1747, or other presbyteries in that subordination, as you shall be regularly called; and do you approve of, and purpose to adhere unto and maintain the said testimony in your station and capacity; and do you ap