members of the university; and an univerfity-meeting was called upon the affair on the 15th of June.- In the Let ter it is faid, that the Principal, when the afore-recited paffage was read by Mr Brown's lawyer in the fynod, defired to fee the letter, and that the whole of it might be read, but neither were granted; that he complained of fuch an abufe of private letters, because it tended to deftroy the mutual confidence upon which this friendly intercourfe is founded; and told, that a gentleman happening to tell him, juft when he was about to write a friendly letter to Mr Ogilvy, of Mr Brown's having got a good place, and of his behaving well, he was thereby led to make mention of Mr Brown, and perhaps to exprefs himself in terms he would not upon any other occafion have chofen adding, that his words implied no approbation of Mr Brown's conduct while in Scotland; for his plain meaning was, that he was glad that Mr Brown, who had formerly been in fuch difmal circumftances, was now in a comfortable way of living, and behaving with fo much decency as to procure a good degree of efteem and regard from perfons of all ranks in that country. At the aforementioned meeting of the univerfity, called Jane 15. 1756, at which all the members were prefent, except Princ' Tullideph, and another, who was confined by age and infirmi ty, it was agreed, without a contradicting voice except Mr Gregory's, (upon a reprefentation by Princ Murifon, That a few years ago a report had prevailed, and was generally believed, that Mr Brown was guilty of an immorality, which, if it had been confeffed, or proved upon him, was punishable by deprivation; and that thereupon he had demitted his charge, and left the country), "That they should reprefent to the Duke of Cumberland, their chancellor, the report, univerfally credited, which affected Mr Brown's character, and was the true caufe of his demitting his charge, and the bad confequences that would follow the putting him into the office of profeffor of churchhistory and divinity; and crave the in

terpofition of his R. Highness to prévent it." This reprefentation was fent up under cover to Sir Everard Fawkener, the Duke's fecretary; and this gentleman returned the university an an fwer, dated July 13. 1756; in which he acquaints them, (as is recited in the Cafe), "That Mr Brown was no otherwife known to his R. Highness, than by the unquestioned teftimonials he had received of many very eminent fervices performed by him to his Majesty and his country during the late rebellion.

-That Mr Brown having come to the head quarters in Flanders, reprefented, that the calumnies and menaces, and other vexations brought upon him by the Jacobites, had made him determine to quit his church, and feek his bread where he could get it in quiet. Which declaration he fupported by full teftimonials of his moral character; and by his demiffion, proceeding upon the calumnies and menaces with which he was haraffed: which demiffion the prefbytery accepted, upon this averment, that most of the facts therein set forth were known to be true. -That his R. Highness was ftrongly induced to believe there must be fome mifunderftanding in this affair, from the different manner in which Mr Brown's withdrawing from Scotland has been reprefented, from what the teftimonials plainly fet forth.- That his R. Highness could not but feel a great uneafiness, to find himself preffed to give up a worthy man to infamy and ruin, upon an imputation of immorality which is not named, and which there is great reason to think is a calumny.- (Sir Everard adds,) Is calumny new in the world? have not the beft men in all ages been exposed to it? and is it not very natural to believe, that, thofe who fet off with the most violent prejudices to him, who tried all ways to make him uneafy, and who even attempted upon his life, would not fcruple to raife a calumny to hurt him? Confider how hard must his cafe be, if all the reward of his public fervices must be, to be given up to the revenge of his enemies, who were fo for thofe very fer. vices, and to be expofed to greater pu

nishment

for him, he excufed himself by a letter, because the country was divided into two parties, and he did not incline, by appearing in public, to difoblige either. But when, the rebels began to fly, and were afterwards defeated, Mr Brown's zeal, we find, flamed out the more fiercely, perhaps becaufe it was pent up before: for he became very inftrumental and active in diftreffing thofe unhap py people, carrying off their effects; as appeared from a procefs before the court of feffion againft his father and him, for Ogilvy of Peel's books and effects; which was at laft fubmitted, and the books decerned to be restored to the Owner.- It is not furprifing that Mr Brown, by fuch feats of loyalty as thefe, fhould incur the refentment of the Jaco. bites. But this could be no reafon for efigning his charge: for the rebellion was extinguished, and the country reduced to order, long before March 1748, fo that no man needed then be afraid of that party.-Davidfon, who made an attempt upon his life, made a like attempt upon other minifters, and actually robbed fome of them: but as this fellow was hanged the year before at Aberdeen, it could not be for fear of him that Mr Brown demitted his office."

ancestors is expofed to ridicule; for what could be more trifling, than to lay down a rule, which might be baffled by the breath of envy, or the folly of the meanest changeling? and that therefore the exception can have no other sensible meaning but this, that after five years, a fcandal or offence cannot be again revived, in order to a process, unless the conduct of the perfon against whom it is charged, has, by a fimilarity of of fence or unbecoming behaviour, juftly given rife for the reviving the memory of the former real or fuppofed guilt.

In the Cafe prefcription is pleaded, upon this claufe in the form of procefs: If a fcandal fhall happen not to be noticed in order to cenfure for the space of five years, it should not be revived again, fo as to enter in a procefs thereanent, unless it be of an hainous nature, or become again flagrant; but the confciences of fuch perfons ought to be feriously dealt with in private, to bring them to a fenfe of their fin and duty.' With respect to the two exceptions, it is contended, that the first, unless the fcandal be of an bainous nature, furely points out guilt of fo deep a dye, that no penitence, or length of time, without fome public animadverfion, can be deemed fufficient to quiet the minds of men; and that as to the fecond, or be come again flagrant, the exception, as it is understood by fome, is as broad as the rule, and fo the wife regulation of our VOL. XIX,

Parties having been fully heard, the caufe was taken up on the footing of the appeal; and after reafoning, the affembly, without a vote, reverfed the fentence of the fynod; and found, that. the procefs ought, in the prefent circumftances, to proceed no further; and therefore affoilzied Mr Brown.

The affembly rofe on Monday the 30th, after having appointed the next affembly to meet at Edinburgh on Thurfday the 25th of May 1758.

On the 31ft the commiffion went upon the affair of Mr Robert Grier minifter of Durifdeer, accused of fornication and other immoralities. In the forenoon-federunt the court found the libel relevant; and in the afternoon went upon the proof. After prayer to God for direction in this weighty affair, the commiffion, confidering the whole evidence adduced for proof of the libel, did unanimoufly find the libel proven, fo far as to infer depofition: "And therefore the commiffion did, and hereby do, in the name of the Lord Jefus Chrift, the fole king and head of the church, and by virtue of the power and autho rity committed by him to them, actually depofe the faid Mr Robert Grier from the office of the holy miniftry, hereby prohibiting and difcharging him to exercife the fame, or any part thereof, in all time coming; and the commiffion do hereby declare the faid church and parifh of Durifdeer vacant from the date hereof." Mr Grier being called upon, the above fentence of depofition was folemnly pronounced upon him by the moderator. His procurator protested

RF

for

for liberty to complain of the fentence to the next assembly.

P. S. Mr John Home minifter of Athelftonford, author of the tragedy of Douglas, preached his farewel-fermon to his congregation on Sunday June 5. which drew tears from many of the people, and in a demiffion of his gave charge to the prefbytery of Haddington on the 7th. [217.]

Captures, &c. for April.

By British men of war, &c. Taken from the London Gazette. the York, Capt. Pigot: Le Don de Dieu,

By the Sheerness: The John and Henry, from North Carolina for London, retaken.

By the Sphynx, Capt. Dennis: A small French privateer fchooner, of 28 men, carried into Port

Royal, Jamaica.

By the Enterprife: The Samuel, Dickfon, with 1700 bolls pease, from Lynn for Leith, re

taken.

By the Fortune floop, Capt. Hotham: A French ship of 26 guns and 150 men, and a brig, both from Marseilles for Martinico, carried into Alicant.

By the Somerset: The Dauphin, from Bayonne for Louisburg, with ftores, provisions, and foldiers, carried into Portsmouth.

By the Solebay, Capt. Craig: The Chevalier Barte, a privateer of Dunkirk, of about 96 tuns, Io carriage-guns, 8 fwivels, and 78 men, with three raniomers on board, taken April 24. off

brandy, flour, and foap, and 82 perfons on board, of whom 60 foldiers, taken March 11. off Cape Finisterre; the Henry, from St Maloes for Cape Breton, with provifions on the French King's account, and 49 men; and the Ruby, from St Maloes for Canada, with 281 perfons on board, 227 of them foldiers of Fifcher's regiment; both taken April 10. the land's end bearing north, diftance 12 leagues: all brought into Plymouth, April 11.

Taken from other papers, &c.

By the Harwich and the Leoftoffe: The Ruby, a privateer of St Maloes, of 14 carriage-guns and 120 men; and a floop for Martinico; both cars ried into Plymouth.

By the Devonshire, Somerfet, and Rochefter: La Victoire, a privateer of Bayonne, of 26 ninepounders, and above 300 men, carried into Portfmouth.

By the Tartar, Capt. Lockhart: The Duc d'Aguillon, a privateer of St Maloes, of 600 tuns, 24 nine-pounders, 2 four-pounders, and 265 men, taken after an engagement of one hour and twelve minutes, in which the Tartar fired 42 broadfides, and had four men killed, and one flightly wounded. The privateer had 50 killed and wounded. Each of the privateer's guns were 300 lb. heavier than thofe of the Tartar; her tops were all full of fwivels, her quarters barricaded with cork, hoop-sticks and junk, to defend her men from the fmall arms. The Tartar had failed from Spithead April 14. with 40,000 1. on board to pay Plymouth yard; and met with the privateer next day off the ifle of Wight, and brought her into Portsmouth on the 17th. This is the fixth privateer taken by the Tartar. The merchants are making a fubfcription, to prefent Capt. Lockhart with a piece of plate, for his great fervices done to trade. By the Devonshire: The Two Sifters, Daffier, with wine and brandy, for Quebec, fent into Dartmouth.

By the Flamborough: A French privateer of 16 guns, brought to the Nore.

By the Chichester: The Susannah, Nicholson, from Carolina, retaken, carried into Plymouth.

a

to Leith. The privateer threw fix of her guns overboard in the chace.

By the St Anne armed ship, Capt. Hay: The Fortune, a privateer of Boulogne, Jean Sauvage, of about 80 tuns, 2 five-pounders, 8 four-pounders, and 2 three-pounders, and 63 men, taken in Aberdeen bay, April 28. brought to Leith road. The Princess of Wales armed fhip, Capt. Cow, chafed her into the bay, and faw her taken.

By the Swallow and Cruifer floops: A French privateer of 10 guns, brought into the Downs.

By privateers, &c.

By the Amazon of Guernsey: A fhip from Martinico, and another from St Domingo; the former carried into Guernsey, but the latter, in coming in, struck against a rock, and was dashed to pieces.

By the Charming Nancy of Jerfey, and the Kirke of Guernsey: The Deux Amis, from Bourdeaux for Breft, with wine, and the St Rofe, with 620 barrels flour, both from Bourdeaux; carried into Guernsey.

By the Rifing Sun letter of marque, Bentley: A Swedish fhip, with fugar, carried into Venice. By the Mercury: The Liverpool, Walker, from Jamaica for London, retaken, fent into Liverpool.

By the Sarah of Barbadoes: The Negrillen, from Rochelle for Martinico, carried into Barbadoes.

By the Royal Duke: The Antigallican, a privateer of Calais, of 4 guns and 40 men, carried into Dover.

By the St David of Beaumaris: A privateer of 12 carriage-guns and 16 fwivels, carried into Beaumaris.

By the St George of London: A Swedishfhip, carried into Dover; and a Dutch ship with butter, cheese, and 46 cafks fmall fhot, for Bourdeaux; and the Union, a privateer of St Maloes of 12 carriage-guns fix pounders, and Ico men; both carried into Plymouth.

By the King of Pruffia: A hip from St Domingo, carried into Falmouth.

By

By the Hawke of New-York, Alexander: A French privateer of 8 carriage-guns, 12 swivels, and 80 men, carried into Port-Royal, Jamaica. A Swedish fhip from Marseilles for Sallee, carried into Gibraltar.

By the Jofepha, Teague: The Jefus Marie and Jofeph, from Smyrna, carried into Meflina. By the Defiance, Le Cronier: The Prince Henry, Le Normant, of about 200 tuns, from Martinico, with 470 hogsheads sugar, 57,489 lb. coffee, 45,317 lb. cotton, and 450 lb. elephants teeth, carried into Jersey.

By the Lion of Bristol: La Catharine, from Rochelle; and L'Acadia, from Bourdeaux, both for Quebec; carried into Bristol.

By the Antelope of London, Boyce: A ftorefhip for Cape Breton, fent into Falmouth; and a fhip from Carolina for Cowes, retaken, fent into Lisbon.

By the Duke of Bedford: The Lightfoot, Vane, from Virginia, retaken, carried into Dublin. By a Folkstone privateer: La Ville de Havre, from Hamburg for Roan, fent into Dover. By the Lyme: The Two Sifters of Rotterdam, from Rochelle for Havre-de-grace, with brandy and wine, fent into Weymouth.

By the Cornwall, Dillon: A French schooner from Rochelle for Canada, carried into Guernsey. By the Cæfar of Bristol, Nash: The Black Prince, from Bourdeaux for Cape Breton, and the Jolie-Pontea, from ditto for Miffifippi, with men and stores.

By the of Providence, Hopkins: A French fnow, with 160 hogfheads fugar, 300 barrels coffee, and 40 bales cotton.

By the Bedford of Dublin: Two ships from Rochelle for Canada, said to be worth 5 or 6000l. Before the rft of February, 25 privateers were fitted out at New York, carrying 306 great guns, 372 fwivels, and 2620 men They had taken 12 prizes, which were fold for 100,9001. befides feveral carried into the West Indies. prizes

Captures, &c. by the French. THE John and George, Dean, of 300 tuns, with 1500 barrels pitch, and 2500 lb. indico, from North Carolina for London, carried into Granville.

The Friendship, Forstall, from Seville for Dublin; the Friends Goodwill of Southampton, from Oporto and Lifbon; and the Peggy, Leonard, from Cadiz for Bristol; all carried into Morlaix.

The Five Brothers, Sang Attery, a Dutch hoy, from Amfterdam for Hull, carried into Rofico, near Morlaix.

The Peggy, Thomfon, from Leghorn and Lisbon for Corke; and the Friendship, Coats, from South Carolina for London; both carried into Bayonne.

The Providence, Bone, from Fowey for Barcelona; and the Role, Denning, from Exeter for Gibraltar; both carried into Cadiz.

The Swan, Menflow, from Bristol for Jamaiea, carried into St Domingo.

The Elifabeth, Deften, from Zant for Lon don, with 200 tuns currants, and 4 bales filk; the, Hammet, from Majorca, with oil and nuts; the Providence, a Danish fhip, from Dub lin for Leghorn and Naples; another Danish fhip, with 720 hogheads pilchards, and fome tin, from Falmouth; and the Elifabeth, Home, from Yarmouth for Venice; all carried into Marseilles. The Katharine, Hanfon, from Waterford, carried into St Lucar.

The Sally, Sullivan, from Corke for the Leewards islands, carried into Nazaire.

The Treviles floop, Burfell, from Truro for Valencia, carried into Alicant,

The Nancy, Durkill, from Seville for London; the Flora, Mortimer, from New England; the Boston galley, White, from Boston for London; the Blakeney privateer; and the True Briton, Halliday, from Whitehaven for Southampton; all carried into St Maloes.

The Madeira Merchant, Clapp, from Madeira, carried into Bourdeaux.

The Industry, Anderson, from Dublin for Leghorn, carried into Vigo.

The John, Wills, from St Kitts for South Carolina, carried into Porto Rico.

The Anne, Livington, from Rotterdam for South Carolina, carried into Boulogne.

The New Duke packet-boat, with three months letters on board, from Falmouth for the Leeward islands, carried into Port Louis.

The Prince William, Macleod, carried into Carthagena.

The Jean of Leith, Bachop, from Leith for Inverness, carried into Norway.

The Dodson, Dunn, from South Carolina, fald to be worth 40,000 l. carried into Bergen.

The John and Henry of Plymouth, Lus, from Cape Fear; and the Jude of London, Spencer, from St Chriftopher's; both carried into Bilboa.

The Molly privateer of Jerfey, Fiatt, carried

into Breft.

The Nancy, Hayton, from Maryland for Leith, carried into Dunkirk.

The Virgin of Poole, from Bilboa for Newfoundland, carried into St Sebaftian's.

The Janet and Betty of Leith, Hay, from Holland for Leith, carried into Oftend.

Taken, but ranfomed: The Phoenix of Lynn, Reid, from Lynn for Leith; the Martin and Euphame of Leith, Clephan; and the Euphame and Peggy, Walker, from Leven, for 500 guineas each; the Hope of Leith, Williamfon, from Holland, for 1200 guineas; the Diligence, Key, from ditto for Dundee, for 770 guineas; the Friendship of Sunderland, Weak, for 450 guineas; the Duty of Newcastle, Gall, and the Elifabeth of Dylart, Law, for 200 guineas each; the Miller of Mansfield, Smith, from Leith, and the Friendship of Inverness, Henry, for 520 guineas each; the Martha and Mary of Kirkaldy, Barker, for 230 guineas; the Minerva of Hull, Hunter, for 320 guineas; the John and Philip, Dean, from Lerwick, for 95 guineas; the Freerick and William, Dufburg, for 140 guineas; Rr 2 and t