that shall be regularly brought before them, concerning the fettlement of Jedburgh.

Next day, in the cafe of the fettle ment of Abbotshall, the counfel for the patron and prefentee, with confent of the affembly, withdrew the prefentation, without prejudice to the patron's right of prefenting, within fix months from that date, another qualified perfon. A compromife of this kind was made laft year with regard to Jedburgh. [xviii. 248] The affair of Mr William Brown, late minister of the English church at Utrecht, came likewife on upon the 27th, by an appeal on the part of Mr Brown, and by a reference of the whole caufe on the part of the prefbytery of St Andrew's. This affair is related as follows, in the papers in court for the oppofite fides.

A petition for Mr Brown fets forth, That the petitioner was, in the year 1746, fettled minifter of Cortachy; that the appearance he made for the govern ment during the late rebellion, had given fuch offence to thofe who are not friends to the prefent happy conftitution, that no means were left unattempt ed to disturb his miniftry; rumours were fpread to his disadvantage, and even attempts made upon his life; that this gave rife to a demiffion, which was accepted of by the prefbytery of Forfar in June 1748; that fome time thereafter he was fettled minifter of the English congregation in Utrecht, and on the late vacancy of the profefforship of ecclefiaftical hiftory in the new college of St Andrew's, was prefented to that office by his Majefty; that on the 18th of Auguft laft he laid before the prefbytery of St Andrew's his Majefty's patent, and craved liberty to fign the confeffion of faith and formula, as law directs; that the prefbytery declining to allow him that privilege, he took a proteft of his willingness to comply with the law, and retired, in perfuafion that he had done all that was requifite on his part; that during his abfence the prefbytery framed a libel, on an ancient rumour, that one Margaret Alexander had in the year 1748 brought forth a child, and

charged him with being its father; with a copy of which, and a long lift of witneffes, a committee of prefbytery ferved him, in prefence of a notary-public, in the houfe to which he had retired to take a refreshment; that at the next meeting of prefbytery, upon the 29th of September, hoping to remove every fcruple, hë commiffioned his procurator to lay before the prefbytery a number of ample certificates in his favour, and authorised him, in cafe of their proceeding, to enter a declinature of their jurisdiction, being at that time in no sense of the word a member of their prefbytery; but they over-ruled his declinature; upon which his procurator appealed to the fynod of Fife, and inftantly gave in his reafons; that on the 6th of October 1756, the affair coming before the fynod, and the question being put, Refer to the general affembly, or Determine? it carried Determine; and then a fecond queftion being put, Difmifs the appeal, or Not? it carried Difmifs; whereupon his procurator appealed to this affembly for redrefs, the grounds of the libel being not only long ago prefcribed, but the mean of proof aimed at incompetent and illegal; and therefore prayed that the affembly would take in and judge of his faid appeal, and reasons thereof, reverse the fentences complained of, find the procedure had thereon void and null, and difmifs the libel.

A reprefentation for the prefbytery of St Andrew's fets forth, That Mr Brown was fettled at Cortachy in July 1746, and demitted his office in 1748. That in his letter of demiffion, which was dated at Edinburgh on the 14th of March, and delivered to the prefbytery of Forfar on the 1ft of June 1748, he founds his demiffion on the odium of the difaffected, the prejudices of his people, and his life being attacked by a ruffian; that on the 29th of June the prefbytery agreed, nem. con. to accept of his demiffion, becaufe, they lay, most of the facts narrated in his forefaid letter are publicly known to be founded on truth, and that in his prefent fituation his miniftry was rendered almost entirely uselefs in that congregation. That at that

time it was publicly reported, and genenerally believed, that the aforemention ed were not the chief reafons which induced Mr Brown to demit his office, but that he had involved himself in guilt with one Margaret Alexander, his maid-servant; and though he had ufed the most unjustifiable means to extricate himfelf, and fupprefs the then flagrant fcandal, yet finding all his art and addrefs ineffectual, he was obliged, either to demit his office, or fubject himself to the deferved cenfure of depofition. That though the prefbytery accepted his demiffion, and affigned the above-mentioned reafons of their conduct, yet it is impoffible that any member of that prefbytery could be ignorant of Mr Brown's real fituation and circumstances; for that not only was the mala fama against him exceedingly flagrant, but a petition, fubfcribed by fome of the elders of Cortachy, and feveral heads of families, was given in to the prefbytery, narrating, That Margaret Alexander was with child, and made no secret who was the father; and intreating the prefbytery, either to inquire into the fcandal themselves, or appoint one of their number to meet with the elders for that effect, as their minifter had left them. That the prefbytery delayed the confideration of the petition for a month or two, and in the interim two of the petitioners were, by the folicitations of Mr Brown's friends, without communicating their defign to the others concerned, engaged to apply to have their petition withdrawn; which was readily agreed to: and the prefbytery, confcious that their procedure could not bear the light, ordered the whole to be erafed out of their minutes. That indeed they did not all concur in thefe measures; for that when the petition defiring an immediate inquiry was lodged, there were eight members prefent, of whom three were for granting the defire of the petition, and the moderator was thought to be of the fame opinion, but the question was carried in the negative by the vote of Mr Ogilvie, who is father-in-law to Mr Brown: and that though the four ordered the erafing

even the reasons of diffent offered by their three brethren, yet the whole tranfaction would appear in a juft light from the declarations of the members of the prefbytery of Forfar adduced as witneffes for proving the libel given by the prefbytery of St Andrew's to Mr Brown.

-That it appeared, from the time of Margaret Alexander's delivery, that Mr Brown had been guilty with her not many days before his marriage.-That Mr Brown being thus rendered destitute, and finding it impoffible to get bread in this country, refolved to go abroad; and that having been inftrumental in relieving fome officers who were prisoners at Glamis in 1746 [viii. 43.], he had by that means got acquainted with fome officers of rank in the army, and was by them recommended to the Duke of Cumberland; who procured for him a place at Utrecht worth upwards of 100l. Sterling a-year. That though compaffion moved feveral to whom Mr Brown and his friends applied, to recommend him to fuch as might be useful to him; yet none of thofe, fo far as is known to the prefbytery of St Andrew's, adventured to atteft his moral character; and that the recommendation he then ob tained from fome members of that prefbytery, on account of his loyalty, was, on affurances given by his friends, that he was to go into the army, and appear no more as a clergyman.-That it is reported, and generally believed, that Mr Brown and his friends ufed feveral unjuftifiable means to conceal his guilt, and obtain certificates and recommendations; and that when he left this country in 1748, his character was tainted, not only with the aforementioned crime, but with a train of other conduct, quite inconfiftent, not only with the character of a minitter of the gospel, but with that of a profeffor of our holy religion: yet that no fear of deferved reproach, or of rendering himfelf ufelefs, could deter him from purfuing his selfish views, and returning to a place of the country where his former vitious conduct was notour; for on the death of Dr Archibald Campbell, profeffor of divinity and ec clefiaitical hiftory in the new college of

St

St Andrew's, he obtained a patent for fucceeding him. That fo foon as this was known, the aforementioned fcandal became very flagrant, and all who had a fincere regard for religion, or the public good, were deeply affected with the obvious bad confequences of Mr Brown's obtaining fo important an office, by which the education of youth defigned for the church behoved to be intrufted to him. That as the prefbytery could not tamely connive at the inftalment of one of fo bad a character, they had applied to one of the principal fecretaries of ftate, reprefenting Mr Brown's fituation and circumstances, that if poffible they might be freed from the difagreeable task of commencing a procefs against him; but without effect.--That on the 18th of August 1756 Mr Brown gave in his patent to the prefbytery, and asked leave to fign the confeffion of faith and formula: That the prefbytery retired to confider of Mr Brown's demand; and every member prefent, about feventeen minifters and ten or twelve elders, declared, they had often heard of Mr Brown's fcandalous conduct; that the mala fama was, fince his return, become more flagrant than formerly; and that it was the duty of the prefbytery to inquire into the public fcandal before they fhould allow him the privilege demanded, and for that end to give him a Jibel founded on the mala fama: That a committee appointed for that purpofe, drew a libel, which was unanimoufly approved of; that Mr Brown being called, and not appearing, a committee of prefbytery delivered to him, in a houfe to which he had retired, the libel, with a lift of witneffes, to be answered next prefbytery day; and that the prefbytery fent notice of this to the univerfity, and defired them not to admit Mr Brown till his character fhould be inquired into.

That the libel charges Mr Brown, not only of fornication with Margaret Alexander, but that, conscious of his guilt, he remained under the fcandal, without taking the appointed courfe to vindicate his character, and by demitting his office, and leaving the country, deprived the prefbytery, fo far as in him

lay, of the opportunity of inquiring into his conduct; and that he used feveral indirect means to conceal his bad character, and impofe on mankind, by which he had obtained the patent.That, on the 29th of September, Mr Brown, by his procurator, declined the jurisdiction of the prefbytery; and the prefbytery refufing to fuftain his declinature, he appealed to the fynod: That the fynod difmiffed his appeal, and he appeal. ed to the affembly.- That from the whole of Mr Brown's conduct in this matter, it clearly appears, that, far from acting like a man confcious of innocence, and not afraid of bringing his character to trial, he has fteadily purfued a fixed defign of preventing, if poffible, an impartial inquiry, and, by a train of grofs falsehoods, endeavoured to make mankind believe he met with hard ufage, and that those who, from a conviction of the obligation they were under, pushed an inquiry previous to his admiffion, have been influenced by finiftrous views, and combined with his enemies. That though it is generally believed he had privately acknowledged, to feveral members of the presbytery of Forfar, his guilt with Margaret Alexander, and that they were conscious this was the chief reason of his refigning his charge; yet thofe very men did, at a res nata meeting called the 9th of June last, grant Mr Brown a certificate, bearing,

That during the time of his refidence among them, he never was accused of any crime, but, as far as they know, behaved himself foberly, regularly, and piously, and every way as became his ftation and character as a clergyman; and therefore deferves to be received and ufed as a clergyman where-ever Providence fhall order his lot." That five members granted this certificate; and as it is believed they are beft acquainted with the whole of Mr Brown's mifbehaviour, when they fay he was never accused of any crime; and that, fo far as they know, he behaved himself as became his ftation and character; their meaning muft be, that he never was accufed judicially, and fo far as they know as a prefbytery; which the prefbytery

of

of St Andrew's look on as a fubterfuge unworthy of any man, especially minifters of the gospel. That feveral members of the prefbytery of Forfar diffented from their brethren in granting this certificate; and intimate, in their reafons of diffent, That the meeting was not duly called and conftitute; that the defign of that certificate behoved to be, to prevent an inquiry into Mr Brown's character by the prefbytery of St Andrew's; that though no procefs was intented in which Mr Brown was particularly mentioned, yet a process was intented in which the brethren had good reason to believe Mr Brown was particularly con. cerned, and they had not forgot the way and manner in which the profecution was difcouraged and dropt; and that though he was not accused formally, he was accused by the voice of common fame that to concur therefore in the faid teftimonial, would not only, as to them, be an afferting a very doubtful fact, but greatly difingenuous, and nothing less than a confcious falfehood: all which appears from the reasons of diffent offered by Meff. Young, Weath, and Raker.- -That the prefbytery of St Andrew's having unanimoufly found the libel relevant to infer cenfure if confeffed or proved, appointed their moderator to write to the prefbyteries of Meigle, Forfar, and Brechin, in whofe bounds the witneffes lived, defiring they would cause fummon them in due form; but this they refufed, affigning as their chief reason, that Mr Brown had appealed to the affembly, though of this they could have no evidence but Mr Brown's affertion.- -That Mr Brown having thus effectually stopped the procedure of the prefbytery, fummoned the members of the univerfity to anfwer before the court of feffion, for their delaying to admit him; and obtained a sentence, whereby the Lords find, That the univerfity acted unwarrantably and illegally in delaying his admiffion; and as if they had wilfully intended hurt to Mr Brown, and delayed his admiffion without any probable ground of an innocent and honeft intention, loaded them perfonally with the expence of procefs; and order

ed the members of the university, or any one of them, to admit him on or before the 1ft of March. That feeing the laws, particularly the acts 1662 and 1690, require, that no profeffor be admitted to any office in any college or university, but fuch as are of a pious, loyal, and peaceable converfation; and that the univerfity offered to make good the charge against Mr Brown, in fuch form as the Lords fhould prefcribe; the prefbytery would have been much more furprised at the above fentence, had not their Lordships had laid before them an information for Mr Brown, in which he not only attacks the characters of particular members, but charges both the prefbytery and univerfity with grofs calumnies, afferting, that the fama clamofa was of their own raifing, that they ufed the most malicious methods to defeat the effects of his Majefty's prefentation, and that their conduct can bear no other conftruction but that of an un juftifiable combination to disappoint him; for that these calumnious affertions, and what Mr Solicitor feems to fix as certain maxims, behoved to give the judges a bad impreffion of the prefbytery: That that learned gentleman afferted, that the prefbytery have no power to deliberate, whether they will allow any perfon prefented by his Majefty to fubfcribe the confeffion of faith and formula or not, that they are not to refufe this on any account, that their power is only mini. fterial, and that on no account can they impede his admiffion.- -That from this fhort narrative the prefbytery perfuade themfelves the affembly will find their conduct in this affair regular, and will order the libel to be proceeded on, according to the rules of the church: and as the prefbyteries of Forfar, Meigle, and Brechin, have shown fuch reluc tance to fummon witneffes, they beg the affembly effectually to interpofe, that there may be no further stop to the procedure. And as Mr Brown has appealed, as not fubject to the prefbytery, or other judicatures of the church; as the Lords of Seffion have ordained him, though under fcandal, and libelled by the prefbytery, to be admitted, though

he

he has never attempted to vindicate himfelf, or, fo far as the prefbytery know, even, afferted his innocence; and feeing Mr Solicitor, a gentleman eminent in his profeffion, has afferted, that the prefbytery have no power to deliberate concerning the character of a minifter, who, as a profeffor of divinity, is to be a member of the prefbytery, that their power is only minifterial, and that on no account are they to refufe his demand of figning the confeflion of faith and formula, nor can impede his admiffion; and as the judges, by ordaining a man in Mr Brown's circumstances to be forthwith admitted, and finding the deed of the university, delaying his admiffion till his character fhould be cleared, illegal and unwarrantable, and loading them with the expence of procefs, feem to be of the fame mind with Mr Solicitor: the prefbytery cannot but think it a matter of the highest importance to this church, and worthy the most mature confidera, tion of the fupreme court, what is proper to be done, for obtaining redrefs of a grievance, which may tend to the ruin, not only of the univerfities, but alfo of the church; for if a man prefented to an office must be admitted, and cannot be called to an account though of the worst character, the confequences are fo obvious, that the prefbytery need not mention them.

Befides thefe two papers, there was a printed cafe for Mr Brown, regularly figned by his lawyer; and for the other fide there appeared a pamphlet, intitled, A letter to a member of affembly; which was firft fold for 6 d. and then for 3 d.; but was at laft given gratis, like the cafes. This letter is anonymous; nor, 'tis believed, was it formally owned as theirs by Mr Brown's opponents: it falls therefore to have the less credit.

In the Cafe it is faid, that the Cortachy petitioners were defired to give in a more formal and particular petition againft next prefbytery-day; but that the petitioners, instead of fuch a petition, fent a letter to the prefbytery, declaring, that, " upon mature deliberation, they found reafon for difowning and retracting what they had done, and profeffing

their forrow for the trouble they had given the prefbytery, and intreating that every thing might be erafed from out their books concerning that affair.". In the Letter it is faid, that Mr Brown's friends entered into a fort of treaty with fome managers for the people, whose great view was to get rid of Mr Brown as their minifter; and therefore, upon affurances given that Mr Brown would demit his charge, they agreed to drop their prosecution.

In the Cafe infinuations are made, as if it was the disappointed hopes of fome members of the university, or their friends, that gave rife to the violent attack upon Mr Brown's character, and made them represent him in the most odious colours to thofe great perfonages at London, who, as they were most able, had been very willing to affift him; it is faid, that Princ' Murifon's ingenuity, in saying the recommendation he gave Mr Brown at his leaving Scotland was not to be used for obtaining any office as a clergyman,' is fubmitted, upon perufing his letter to Mr Brown's father-in-law, five years after his being appointed minister at Utrecht: " I rejoice that your fon-in-law is in fo good a way, and reflect with pleasure on my contributing what I could, at your defire, for his welfare :" And then it is afked, If it truly appeared to the university, that Mr Brown's fettlement amongst them would be hurtful to the intereft of religion and learning, but that, as they express themselves in one of their papers, he might have been useful elsewhere, where his ftory was not known; would it not have been equally becoming, as well as more humane, to have addreffed him privately, and left it to his choice, to have remained quiet in Holland, or stand the brunt of their oppofition, which, after fuch public remonftrances, it is obvious he behoved either to defeat, or see himself, his family, and usefulness in life, both here and in Holland, for ever ruined?Dr Campbell died April 24. 1756; Mr Brown's patent bears date May 10.; Mr Gregory had accounts of it on the 18th or 20th, and foon communicated them to Meff. Murifon and Schaw, and other

members