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The Memorial and complaint of the Subscriber, being a Member of St. Andrew's Church Congre- gation, Toronto, Avithin the bounds of said Pres- bytery, Humbly Shkweth : That your Meinorialist and complaiiumt has been connected with the congregation of St. Andrew's Church, Toronto, tor the last twenty-four years, and that lie and his family have been admitted to the full enjoyment of religious privileges therein. That recently he has for a season been conipolled, from conscientious objections to the use of instrumental music in public worshij), to dis- continue his attendance on the means of grace, in said St. Andrew's Church. That he has on more than one occasion, quietly, to individual mem- bers of the congregation, and also to the ^linister, stated his dislike to a nielodeon. being used in the praise of God, and that, for the sake of j)eace and out of esteem for the Minister, he has not until lately taken the important step of calling the attention of the Session of said Church to the matter, and to his remonstrances and complaint. That your Memorialist and complainant, on the ninth day ol' ^larch last, addressed the following reasons of dissent to the use of a musical instrument in public worshij) in said Church, ^o the Rev. Dr. Barclay, as Moderator of the Kirk Session of St. x\.ndrew's Church : " First. That tlie Church in Canada, of Avhich you and your Session " are nKsmbers, is in connection with and ju-ofesscs to be governed by '• the whol(> Standards and Acts of the Established Church of Scotland. '• Second. That the Establislied Church of Scotland does not recog- *'uize the use of musical instruments of any kind in her Psalmody. M/.-gi!»,«R^«j:Be3«38a»^;H(Er'?.'i - , "Third. That not\vitlistiuuliii;j; siicli jji-oli'ssc'd ;i(lhL'r('nc(', uml coii- trnry to the disciiiliiu- of snid ('liun-h of Srotland, an oi'i;'an, or, as it IS V. allod, nirh)di'Oii, lias \k'vu iulroihict'd into St. Aiuh't'w's ('iiiirch, " of which I am or have Ixh'd a huinhle nu'riiber. " Fourth. Tliat tlic use of such an instrument, or any other, is a " gross innovation for wiiii'h th.crc is no prccedeut, and ou<;'ht not to *' he tolerati'd hy any true Pi'cshytiM'ian, elainiiug connection with tlie " veueraljle ("hureh of Scothuid, the h^i^^•hte.^t i:eni in the history of " our country, and whose discipline and standards have, notwitiistand- " ing inauv severe trials, stooi the test of ages, nor is it too much to " say that at this moment she stands on the jjinnaele of her glory in "the hearts of her many thousand adherents. " Fifth. That I cannot conscientiously continue to attend upon the " public worshij) of (iod in a Church where a musical instrument is "used in praising (tocI, whether as an accompaniment or otherwise. " Lastly. That I would deeply regret leaving vSt. Andrew's Church, " where I have sat so long, and where I had hoped to remain uiidis- " turhed until the close of my earthly career, hut as it luis otherwise "happened, I hesitate not to say that I prefer to leave tlie Cluirch " rather than submit to what has become to nu' intolerable." To which the following deliverance was sent in rejily to your Mem- orialist : "At Toronto, and within St. Andrew's Church there, tlie 2()th day "of March, ISafl, the Session of St. Andrew's Church nn-t, on. tlic "call of the Moderator, and Avas didy constituted. Present: llev. Dr. "Barclay, MocU'rator ; .Indge McLean, ami Messrs. Cameron and "Thomson. "The Moderator stated that he had called the {)resent meeting in " conseciueuce of the receij)t of letters from John ]U)bertson, Es((uire, " complainiui? of the employment of a melodeon in conducting the "I'salmodv of the Church, and end)odyinu; a statement of his reasons "for objecting to its use, his aversion to which lu- assigns as his "sole reason for discontinuing his atteuilanee at pui)ne worship in St. "Andrew's Church, Said letters were read, :Mid are of the following " tenor. "Toronto, 2;ira Fcbruarv, lcS;.9. " llov. Doctor " John Harcliiy. " St. Aii(lri'\v'.s Cliiivcl), " Toruuto. "Rkv, Dl:AllSIK,— " Pr(:siiiiiiiipeclfnily beg to subnul as my reasons. "1st. 'I'lmt Uu> Chiircliiii nuiiiiil.-i, of wliidi yim and yoiirSussion anuncmliers, "is ill (•onrii'ctiiiii willi, .uiii iiraiV'^sc.-t to l)i> i^nvorncil by tbo whole "Stiimiurils Mild Ant-" <>( llu- Rstiiblislied Cliuirli ol" Scotland. " 2ik1. Tliiit (he i'lstiiUlislicd Clmrcli of Suotliiiid, docs not reeogiiisii tlio uso of " Mii.siciil Iiislninu'iitw of any ^'"(1 in lier IVulinody. " 3rd. Tliat notwitliftandini,' such professed inllicrence, and contrary to tin* "discipline of said Cliurcli of Scotland, an Organ, or aa it is called " Mflodcon, li;is bi'on introduced into St. Andrew's Ciinrcli, of whicii I am "or have been a humble nicnibcr. " Ith. That the usin^' of such iiri Inatrnnieut, or any other, is a gross innovation " for which there is no jiri'eeilent, and ougiit not to be tolerated by any true " I'rcsbytcrian, c!ainiin;j; connection with the venerable Cliiu'cii of S()se.s. " Acting un the principle of not interlering with the leelings ui'others, "who ai'e more prominent members ot' the congregation, ant^l entitled "to greater consideration and respect than that due to me, it was my " intention to leave the Church without a word of complaint, nor would •' I have doiu' so now, were it not that as I have already said, such a " course was suggested to me, but having by re([uest departed fnmi my " former intention, I take the liberty to state that in the event of an "adverse opinion, I reserve to myself the right of appeal, incase I "should deem such a course advisable. " I hope for certain reasons, whicli it is umiccessary for me to "communicate, yon will be pleased to favour me early with the result " of voiir deliberations, and, " I remain, " Very respetjtfully, " Rev. Dear Sir, " Your most obedient servant, '< (Signed,) JOHN IIUBEIITSOX." 5 " After lengthened conversation on the subject, and all the Members " of Session having giving expression to their views thereupon, the " Moderator v/m requested to draw up a Minute in accordance there- " with, and submit the same to the Session for approval, at a meeting " to be held in the Church, on Saturday, the 2fith March, at four " o'clock p.m., until which time the Session adjourned, and was closed " with the benediction. " Saturday, the 26th March, lHr>9. — The Session could not proceed " to the despatch of business, from the want of a cjuorum, owing to " the absence of members from town ; and the meeting was accord- " ingly declared adjourned, to await anew the summons of the " Moderator. "On the 3rd day of April, 18.59, the Session mot and was consti- " tuted ; all the IMembers were present. The Session resumed " consideration of Mr. Robertson's letter, and after mature deliberation, '• agreed to the following deliverance : "The Session regret that anything connected with the mode of " conducting public worship in St. Andrew's Church should be "distasteful to any member of the congregation. The Session have " no desire to introduce or sanction any improper innovation. They " exprv,ssly disavow the introduction or sanctioning of what may " properly be called instrumental music as a part of the Church " service. " It is true that a melodeon was introduced into St. Andrew's " (^Ihurch, about eight years ago, by the choir, with the express object " of its being used as an accompanimex* to help in sustaining the " voice of the singers, and thus to impr ^,s was generally thought " and desired, the style in which that , .rt of divine service was " conducted. If not absolutely or indispensably necessary, it was yet " regarded as so important and yet harmless an adjunct, that ttie " Session never thought of prohibiting its use, but on the contrary " felt that it was generally regarded as well fitted for, and ihat it did " to a considerable extent attain, the object for which it was adapted. " Besides, had the Session been disposed to object to it as unnecessary, " they might still very properly have hesitated to require its removal " now, from the consideration that it really seemed but a small " concession to the expressed wishes of those ladies and gentlemen " who had for so many years given their services in the choir, and " who, although acting in this from a sense of duty to the Church, 6 " have not the less strong clnini npon the other memhers for the " thankful recognition of services which it is believed the con^re{2;iition " at large duly appreciate, and would imt lie slow on all proper " occasions to acknowledge. The arrangement at })resent existing, '* having gone on for nearly eiglit .ears, during which a nielodeon has " been in use for the purpose stated, without, so far as the Session are " aware, its being other than acceptable to the congregation, it seems " undesirable, except for siifficient reason, to deprive the choir of the '• aid which they deem indispensable to the proper discharge of their " important duties in conducting the Psalmody of the Chureh. "It is true that whilst the [)resent instrument, just introduced to " replace the old and inferior one, is of a larger size and requires "greater experience to play it properly, the choir at the same time " happened to be diminished in numbers, and thereby weakened by '* the temporary absence of several of its members, so that in this " way the melodeon may for a few Sabbaths have been more prominent "than was formerly the case, and thus some ground may have,unin- " tentionally, been given for the objection that a step was in conteni- " plation towards instrumental music taking the lead and becoming "predominant in the praises of the Sanctuary. But these causes are "only temporary, and there is not, so far as the Session are aware, " any intention or desire to use the instrument permanently for any "other purpose than that for which it was introduced — namely as a "simple accompaniment to aid and sustain the voices of members of " the choir, who feel and represent it to be highly desirable. Certainly " no attempt to turn the church music into what may be properly " styled instrumental, or to give, as erroneously supposed was the " intention, a greater prominence to the nielodeon than which is indi- "cative above, would mex't the a})proval of the Session. " Had the Directory of Public Worship prohibited the use of an " instrument in connection with the Psalmody, the Session, of course, " as obedient sons of the (Jhureh, would not have given even the " modified sanction of their tacit consent to its introduction. But no " such prohibition, so far as they are aware, is to be found either in " the word of God or in the standards of the Church of Scotland . " And the Session are persuaded that the use of an instrument, "especially to the extent and for the purj)oseto which, in the jjresent " case, it is restricted, may well be regarded as one of those things " non-essential, respecting which a diifereuce of sentiment may exist "among the iiu'inbors of a (•(tiigr(><;!iti<)ii, witliont involviiijij the "necessity on the part nf any one, on tlial aecomil, ot' takinji; the " extreme step of severhig liis eunneetion with the chnreh. " So tar as the members of Session arc |)ersonally eoneerned, they "would he satislied to Inive the I'sahnody in the conjjjrejjation eon- " dueled eitiier with or mlthoiif tlie aid of an instilment, as they trust " that in either way they eonhl |)rnlital)ly, and witli the true feehiii;; of '* devotion, join with tln-ir felh)\v-worshii)|)ers in the praises of God. "But the (juestion as presented for their eonsideratimi is not one " respecting the introdiwfioit ol an instunu'ut but, nl)out the reitioval " of it after nearly eight years use, "And wliilst tliey are given "to understand tliat the foreed diseontinnance of the very simple " instrumental aid to the choir in conducting the Psalmody would be " very unacceptable to the congregation generally, and would draw "forth the strong remonstrances of many of its members, the Session " (while entertaining every desire to meet the wishes of those who " may seek the change) yet feel convinced that for the peace and " harmony of the congregation it would not be advisable, except for " the gravest reasons, to insist on its expulsion now. " In view of the explanation already given as to the reason for the " original introduction of the melodeou and its present retention, and " considering the assurances as to the mode of em])loying it for the " future, the Session are reluctant to surrender the hope that the "objections expressed by .Mr. Uoi)ertson may be so far obviated as to " enable him with propriety to continue his connection with St. Andrew's "Church, from which they would with great regret see him withdraw. " The)' are unwilling to su{)pose that his conscientious scruples, as "stated in his letter of com[)laint, and which appears to have been " drawn forth into practical expression by the eircuir.stance already " referred to as recent and temporary, would lead him to consider that "part of the service during the last eight y(!ars impure and nnbceoni- " ing, merely because of the slight aid the choir have sought and found "in the employment of a moledeon ; and cert.iinly it cannot be proper- ** ly regarded as more objectionable if used for the same purpose for "the future than it has been for the past j)erJoiI during which it has " been so employed. " In this declining, in present cireunistances, to riMju're authorita- " tively the renu)val of the melodeou, the Session trust that Mr. " Robertson will receive their assurance that it is from no desire on "~' »!«fflf,fr. v.h.fM^in'iiSsii. 8 *• their part, nor ftny iiUentiou to slight his views, or to treat lightly " his conscientious scruples ns expressed in his letter, that they have "adopted this resolution. And while in the introduction of the " instrument there has at least heen no more wanton desire for useless " innovation, — liut a felt necessity has led to its use to enahle the "choir to pert'orm their important duties), as already stated, with " greater facility and etVect, — the Session are persuaded that its removal " would occasion general dissatisfaction and remonstrance, and would " he in itself, at present, inexpedient. "The Session was then closed with the henediction. •'(Signed) "JOHN BARCLAY, Moderator. " A true extract, ."(Signed,) J. Barclay, Acting Clerk of Session. " St. Andrew's (Muirch, Toronto, » April, 18.-)9." That your Memorialist and complianant fails to discover the relevancy or cogency of the deci.sion of tlie Kirk Session of St. Andrew's Church as tending even in an indirect way to meet his con- scientious ohjections or to satisfy his scruples, and that in consequence, heing sincerely desirous of worshipping God according to the manner of the church into which he was baptized, and deeming it a great hardship to be forced to leave a communion to which he is firmly attached, and judging that it might tend to allay all future difFerences in the mode of conducting public worshi}) within the Presbyterian Church of Canada in connection with the Church of Scotland, he appeals to the Presbytery for redress. May it therefore please your Reverend Court to take the fore- going statements and reasons into consideration, and if found soiuid and warrantable, to adopt or direct such means as you may think expedient for removing the evil complained of, or otherwise to do in the premises as to you may seem best ; and your Memorialist and complainant, as in duty bound, shall ever pray. JOHN ROBERTSON. Toronto, 17th May, 1859. n Hy the Subscriber^ uij(iiii,Ht the decision or Jiudiiuj of the Tresbnlerii of Toronto^ at its meeting on the IH/// Noretnber, instant^ in the ease *' Complaint against the Kirk Session of St. Andrew'' s Church, Turonto^'^ and tchich said decision or finding is asfoUoics: " At Toronti), and within St. Andrew's Church ; TucsJny, the fiftociith " day of Novciiihi'r, one thousand ciglit hun(h'ed and tifty-nino " yi'iirs, wliich (hiy the Pri'shytrry of Torduto l)cing met according "to a|)])ointnii'nt, anil constituted with prayer," •' Inticr'ai.ia." "The Memorial and (!()nii)hilnt of John Ilohcrtson ajjainst a "lindinj? of the Kirk Session of St. Andrew's Churcli, Toronto, anent *'■ the use of liistrnuiental Music in the I'sahnodv of tlie said church " the consi(h'rati()n of wliich had hcen deferred from last uu-eting, was " then talvcn up, said memorial was read at length, and parties were "called, when there npi>eared Mr. Rohertson for himself, and Dr. «* IJarelay for the Kirk Session of St. Andrew's Church aforesaid. '' Parties having been heard were then removed from the i)ar, and the " Presbytery proceeded to adjudicate on the matter complained of. After " mature deliberation, the following motion was made by AFr. Barker, " and seconded by Mr. Douglas : ' That the introduction of Instrumental " ' Music into the Presbyterian Church of (Janada, in connection with " 'the Church of Scotland, is an innovation even as an aid, yet under " ' the peculiar circumstances in which the ^Felodeon has been intro- *' ' duced into St. Andrew's Church, Toronto, and because of its long " ' continuance therein, the Presbytery deem it inexpedient to disturb " ' existing arrangements in said congregation. At the same time, the " ' Presbytery embrace the opportunity to exhort the members of the " ' consreiration to cultivate vocal music to the utmost extent of which " ' their circumstances will aduiit.' To this it was inoved in amendment " by Mr. Campbell (Nottawasaga,) and seconded by Mr. Tnrnbull : *' ' The Presbytery having taken up the complaint and appeal of Mr. 10 " ' John Robertson against a decision of the Session of St. Anihvw's "'Church, Toronto, rcspectini; the use of Instrunieutal Music therein, " ' after mature (h'hberation, (h'ceni, That Instrumental ^lusie having " * been exclu led from the pubhc services of the Church of Scotland in "'every ai;(', has thereby become illegal by prescription, if not by "' enactment— that the Session of St. Andrew's Cluinh be hereby " ' enjoined to give all dilig(>nc(' to the cultivation of church music, in " ' order that they may dispense ■with tlu' use of said instrument as soon " ' as possible. And the P osbytery further enjoin upon all their Kirk " ' Sessions the careful observance of all the laws and practices of the " ' church.' The roll having been called, and the votes marked, the " motion was carried i)y a majority of eight to five, and the Presbytery " decenu'd acconlin'.i-ly. l*arties were then called in, and the jiidgment " intimated. Whereupon, AFr. Robertson j)rotested for leave to com- " plain to the Synod at its next meeting, ])romising to give in reasons " in due lime, took instruments in the Clerk's hands and craved " extracts, wiiich was granted. " Extracted from the minutes of the Presbytery of Toronto, by " (Signed,) JOHN RARCLAY. /%. 67/." In compliance with which decision, as above written, the following reasons are submiited : Fh:sf. — The decision or finding of the Presbytery contains the allegation " That the introduction of Instrumental Mvisic into the Preslnterian Church of Canada, in connection with the Church of Scotland, is an innovation even as an aid." This allegition has been maintained by the complainant in this case from the beginning, this premise being granted, the conclusion arrived at by the Presl)ytery must fall to the ground. Second. — The complaint shows, that Instrumental Music is an innovation, that the Kirk Session of St. Andrew's Church have lieen guilty of innovation. The conclusion, tlu'refore, of the Presbytery, deeming "it inexpedient lo disturb existing arrangements" in S(. Andrew's Chiireh, Toronto, is wholly ineoui'lusive. Third. — Recause no " pecidiar circumstances" whatever can justify a breach of the use and wont of the Pres!)vterian Church !)f Cunailu, in c(nmection with the Church of Scotland, in reference to the use of instrumental music in public worship, each congregation within the WklAliaiMiMn 11 bouiKls miglit lay claim to plead "peculiar circumstancos," which mijiht tend to the total subversion of the good order and discipline of the church. Morcow r, it is snliuiittcd, that the Synod, and not any inferior court, lias a riii'ht to dceide what those " peculiar circum- stances" are, which may j^ive, if followed out, an entirely new complexion to the mode of conducting divine service. Fourth. — It is alleged that " it is inex[)edieht to disturb existing arrangements in said congregation, because of its long continuance therein." In reply, the complainant humbly submits, that this is no ade(piate reason for the decision conu- to, inasmuch as the length of time an abuse or innovation has e.\isted, cannot possibly be any ground for its not being corrected, when tlie attention of the church courts has been respectfully called to such innovation. Fljth. — The innovation complained of having been admitted by the Presbytery, it is submitted that they were l)ound, as the guardians of the public interest of the church, to rectify such a departure from the principles and practice of the clairch, before enjoining on the con- gregation of St Andrew's Church "to cultivate vocal music to the utmost extent of which their circumstances will admit." All which is humbly and respectfully siibmitted by JOHN ROBERTSON. Toronto, 'J-ltli November, IHo!). J.OVEt.L AND GIBSON, I'lUMEKS, \OXGK SISEEI. lOllOJi'XO.