same day, resolving to proceed in the settlement of Mr Young, under the regulations of the Assembly 1834, notwithstanding of the previous appeal. 3. Against a judgment of the said Presbytery, pronounced on the same day, finding that dissents had been lodged by an apparent majority of the persons standing on the roll, and therefore adjourning the proceedings to a future day. The synod having heard the whole proceedings relating to these appeals read, as detailed in the extracts of the minutes of the Presbytery of Auchterarder, and relative papers transmitted, parties were called, when there compeared for the appellant, George Patton, Esq. advocate, with Mr Archibald Reid, agent: For the Presbytery, Messrs Brydie, Walker, Mackenzie, Thomson, and Laird; and Messrs James Garvie and David Taylor, as authorized to appear and act at the Synod, per mandate of date 13th April 1835, before referred to. Parties having being fully heard on the three appeals, were removed. After reasoning, it was moved and seconded, that the Synod dismiss the appeals; find that the Presbytery of Auchterarder acted agreeably to the spirit of the interim act, in giving their attestation to the roll made up by the Kirk-Session of Auchterarder, and which had been attested by their appointment; and remit to the Presbytery to proceed agreeably to the interim act of Assembly. Another motion was made and seconded, that the Synod sustain the first appeal, and find that the Presbytery did wrong in repelling, without enquiry, the objections offered against the validity and regularity of the roll, the more especially as it appears that the roll was made up after the vacancy: Sustain the 2d and 3d appeals, and find, that the Presbytery acted contrary to the rules of the Church, in proceeding to act upon the roll in the face of an appeal against its validity. And the vote being called for, it was agreed that the state of the vote shall be, first or second motion. The roll being called, and the votes marked, it carried by a large majority, first motion; and therefore the Synod did, and hereby do, dismiss the appeals: Find that the Presbytery of Auchterarder acted agreeably to the spirit of the interim act, in giving their attestation to the roll made up by the Kirk Session of Auchterarder, and which had been attested by their appointment; and did, and hereby do, remit to the Presbytery to proceed, agreeably to the interim act of Assembly. Parties being called in, and the above deliverance intimated, Mr Patton, for the presentee, protested and appealed against the same to the ensuing meeting of the General Assembly, took instruments and craved extracts. Mr Liston dissented from said deliverance, and protested for leave to complain to the General Assembly, took instruments and craved extracts; to which dissent and complaint Mr Robertson, Mr Touch, and Mr Grierson adhered. Mr Mackenzie for the Presbytery, Messrs Garvie and Taylor as mandatories aforesaid, acquiesced in the judgment of the Synod, took instruments and craved extracts. Extracted from the records of the Synod of Perth and Stirling, on this and the three preceding pages, by (Signed) Jo. ED. TOUCH, Asst. Syn, Clk. PRESENTATION BY THE EARL OF KINNOULL IN FAVOUR OF MR ROBERT YOUNG, TO THE CHURCH OF AUCHTERARDER, 1834. THE Right Honourable Thomas Robert Drummond Hay, Earl of Kinnoull, undoubted patron of the parish church and parish of Auchterarder, lying within the Presbytery of Auchterarder, and sheriffdom of Perth, considering, that the said church and parish is now vacant, and become at my gift and presentation, by and through the death of the Rev. Charles Stewart, late minister of the Gospel at the said church of Auchterarder; and I being sufficiently informed of the literature, loyalty, qualifications, good life and conversation of Mr Robert Young, preacher of the Gospel, residing at Seafield Cottage, Dundee, do therefore, by these presents, nominate and present the said Robert Young to be minister of the said parish and church of Auchterarder, during all the days of his lifetime, giving, granting, and disponing to him the constant located and modified stipend, with the manse and glebe, and other profits and emoluments belonging to the said church, for the crop and year 1835, and during his lifetime, and his serving the cure at the said church, requiring hereby the Reverend Moderator and Presbytery of Auchterarder to take trial of the qualifications, literature, good life and conversation of the said Robert Young; and having found him fit and qualified for the function of the ministry at the said church of Auchterarder, to admit and receive him thereto, and give him his act of ordination and admission, in due and competent form, recommending hereby to the Lords of Council and Session, upon sight of this presentation, and the said Presbytery's act of ordination and admission, to grant letters of horning, on a simple charge of ten days only, and other executorials necessary at the instance of the said Robert Young, against all and sundry the heritors, liferenters, feuars, farmers, tacksmen, tenants, possessors, and occupiers of lands within the said parish, subject and liable in payment of the said located and modified stipend, for causing the said Robert Young, and others in his name, be readily answered and paid thereof, in such due and competent form as effeirs. And I consent to the registration hereof in the books of Council and Session, or others competent, therein to remain for preservation; and for that effect I constitute my procurators, &c. In witness whereof, &c. (Signed) DRUMMOND KINNOULL.-R. A Yates, witness; Thomas Neatham, witness. No. V. EXTRACT LICENSE AND TESTIMONIALS IN FAVOUR OF MR ROBERT YOUNG, PREACHER OF THE GOSPEL. At Dundee the twenty-fourth day of October one thousand eight hundred and thirty-four years. The which day the Presbytery of Dundee met and was constituted; the Rev. Thomas Irvine, minister at Lundie and Fowlis, moderator, the Rev. David Cannan, minister at Mains and Strathmartine, the Rev. Charles Adie, minister at Dundee, &c. being present. After prayer, the Presbytery taking into consideration, that Mr Robert Young, then a Student in Divinity, had produced to them certificates of his having completed his course of theological study, agreeably to acts of Assembly, and also ample and satisfactory testimonials of character: That they had taken trial of Mr Young's attainments in literature, science, and theology; and being well satisfied therewith, had recorded their approbation in the minutes of Presbytery, and applied to the Provincial Synod of Angus and Mearns for leave to take him on probationary trials, which was granted: That thereafter the usual exercises had been prescribed to Mr Young, all of which he had delivered with approbation; and that after every prescribed formality had been duly observed, the Presbytery, on the 4th day of April 1827, granted license to Mr Young, to preach the everlasting Gospel, as a probationer for the holy ministry, now order an extract of this minute to be given to Mr Young, in certification of his having been duly licensed as a preacher in connection with the Church of Scotland. And the Presbytery hereby further testify and declare, that Mr Robert Young has frequently preached within their bounds with acceptance, and that his conduct, as far as known to them, has been uniform pious, grave, and exemplary, as became a preacher of the Gospel, and one whose views are directed to the holy ministry, so that they can, and by these presents do, respectfully recommend him to the attention of any Presbytery or Christian people, where Providence may order his lot, for all due and suitable acceptance and encourage ment from them. Extracted from the records of the Presbytery of Dundee, on this and the two preceding pages, by JAMES THOMSON, Clk. of the Presby. of Dundee. (Signed) No. VI. CALL TO MR ROBERT YOUNG, PREACHER OF THE GOSPEL. We, the Heritors, Elders, Heads of Families, and parishioners of the parish of Auchterarder, within the bounds of the Presbytery of Auchterarder, and county of Perth, taking into our consideration the present destitute state of the said parish, through the want of a Gospel ministry among us, occasioned by the death of our late pastor, the Rev. Charles Stewart, and being satisfied with the learning, abilities, and other good qualifications of you, Mr Robert Young, preacher of the Gospel, and having heard you preach to our satisfaction and edification, do hereby invite and call you, the said Mr Robert Young, to take the charge and oversight of this parish, and to come and labour among us in the work of the Gospel ministry, hereby promising to you all due respect and encouragement in the Lord. We likewise entreat the Reverend Presbytery of Auchterarder to approve and concur with this our most cordial call, and to use all proper means for making the same effectual, by your ordination and settlement among us, as soon as the steps necessary thereto will admit. In witness whereof, we subscribe these presents at the church of Auchterarder, on this the second day of December, eighteen hundred and thirty-four years. Heritors and Elders For the Earl of Kinnoull, Patron. JA. LORIMER. Heads of Families-Parishioners PRINTED BY JOHN STARK, OLD ASSEMBLY CLOSE, EDINBURGH. OF THE AUCHTERARDER CASE, THE EARL OF KINNOULL, AND THE REV. R. YOUNG, AGAINST THE PRESBYTERY OF AUCHTERARDER. BY CHARLES ROBERTSON, Esq., ADVOCATE, ONE OF THE COLLECTORS OF DECISIONS, BY APPOINTMENT OF THE FACULTY OF ADVOCATES. VOL. II. PUBLISHED BY AUTHORITY OF THE COURT. EDINBURGH : ADAM AND CHARLES BLACK, NORTH BRIDGE ; AND LONGMAN AND CO., AND J. NISBET, LONDON. M.DCCC.XXXVIII. |