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THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
PRESENTED BY
PROF. CHARLES A. KOFOID AND
MRS. PRUDENCE W. KOFOID
Digitized by tine Internet Arciiive
in 2007 with funding from
IVIicrosoft Corporation
littp://www.archive.org/details/freechurchofscotOOmuilricli
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VIOLATING ITS CONSTITUTION :
BEING A NARRATIVE OF THE
I^ACTS OF THE ClUNY CaSE,
AND SHEWING THE
IISrSEOTTi^IT^5r OIF
MINISTER AND MEMBER FROM TYRANNY
IN THE
FREE CHURCH.
BY
JOHN^JIL, NETHER SAUCHEN,
CLUNY.
I>rit3e Sixpence ; by DPost, Sevenpenoe.
S> 1^ M ^Aw lp
Having failed to secure a trial in the Church or Civil Courts,
it is necessary, for the purpose of vindicating myself, and ex-
posing the unprecedented treatment to which I have been
subjected, and which prevented me from conscientiously con-
tinuing longer in the Church, to publish an account of the
proceedings which ultimately led to my being declared " no
longer a member of the Free Church."
Another reason inducing me to again come before the pub-
lic, is, that a large number of people are comparatively igno-
rant of the circumstances which gave rise to the conduct of
the Presbytery and other church courts, superior and inferior ;
which appeared to me to be of the nature of lynch-law, and
altogether inconsistent with the constitution of the Free
Church.
VIOLATING ITS CONSTITUTION.
Having been connected, in various capacities, with the
Cluny Free Church since the Disruption, and as one of the
documents founded on by the Presbytery contains an im-
putation on my conduct as far back as 1856, in connection
with the first minister, I deem it necessary to give a brief
history of the congregation from its formation in 1843.
Previous to the Disruption, the parish minister of Cluny
being paralysed, had an ordained assistant. Before the
separation, the assistant would not say to which of the con-
tending parties he was favourable, and on being questioned
by several members of the congregation, he gave unsatisfactory
and impertinent answers. In consequence he was notrequested
to become Free Church minister at Cluny, and the congregation
was left without a minister to organise and consolidate it.
The first minister chosen had not been long ordained when
differences arose between him and the office-bearers as to the
appropriation of certain church-door collections, which he
claimed as supplementary to his stipend, but which they con-
sidered ought to be, in the circumstances, applied for the
purpose of liquidating the debt on the manse. So displeased
was the congregation, as well as the office-bearers at this claim
M367504
being pressed, that the church-door collections soon fell off to
such an extent that they would not meet the current expen-
diture. The minister had also several disputes with various
members, including the congregational teacher and the office-
bearers ; and in 1852 he refused to carry out the unanimous
resolution of the Session anent the election of additional
elders, although he had explicitly agreed to do so. A petition
signed by all the office-bearers brought his conduct before the
Presbytery, but no resolution was arrived at then. About
three weeks after the petition had been presented, Rev. Mr.
Mackay, Echt, intimated from the pulpit of Cluny church a
meeting of the Deacons' Court, at which he attempted to get
the petition withdrawn, but as he could not produce authority
for doing so, he had to leave without accomplishing his object.
In 1856, the office-bearers presented another petition to the
Presbytery, because they believed " that the state of matters
in the congregation were such as to call for a Presbyterial
examination." The Presbytery granted the prayer of the
petition, and appointed the examination to take place on 23rd
July following. After fully enquiring into all circumstances,
they came to the conclusion that it was necessary for the
minister " to turn over a new leaf." They also recommended
me, between whom and the minister they alleged the differ-
ences had chiefly arisen, *' to withdraw in the meantime from
the Session and congregation of Cluny Church," * but they
knew quite well that this allegation was incorrect. On the
following Sabbath the minister misrepresented the findings
of the Presbytery from his pulpit. The office-bearers brought
this discrepency before the Presbytery, and after an interview
with that Court, he on the next Sabbath confessed publicly
* See Appendix "No. 8.
that he had knowingly and wilfully misrepresented the de-
cisions of the Presbytery. He further stated that he had
been advised by his friends to make this humbling confession
" for Christ's sake and for peace's sake."
Shortly afterwards he called a congregational meeting for
"devotional purposes," at which he animadverted on the
conduct of the Presbytery. His friends then pledged them-
selves to leave the congregation should the Presbytery decline
to resile from some of its resolutions. The Presbytery did
not, and the minister's friends accordingly left the congregation.
The congregation being broken up, there were no church-
door collections, nor subscriptions to the Sustentation Fund,
and the Presbytery, along with assessors from the Synod, met
^t Cluny and examined into the state of matters. They also
had a private conference with the minister, when he formally
demitted his charge, and left the Parish, but not before he
had been prosecuted and compelled to pay a debt which he
had allowed to lie over and accumulate for several years.
After the congregation had recovered to some extent from
its disorganisation, another minister was called, who, for a
period of upwards of ten years, laboured with acceptance in
the district, possessing the esteem and confidence not only of
his own congregation but also of the inhabitants in the dis-
trict. During this period there were peace and unanimity
in the Free Church congregation. In the close of the yeai*
1869,* an elder was determined in obtruding a case on the
Session. The minister and two elders thought they should
take no cognisance of it, but other three of the elders strongly
held an opposite opinion. The case was carried to the Pres-
bytery, when it was decided in accordance with the view which
* See Appendix No, 2,
the minister had taken. Having been declared innocent, the
person who was accused took his place at the Lord's Table,
whereupon the disappointed elders and two deacons resigned,
and along with their relatives and dependants, left the (;on-
gregation. Thus at once the congregation was in a measure
broken up, and the contributions to the Sustentation Fund
again ceased. Though blameless, the amiable and devoted
minister was deeply grieved, but though so severely tried by
these men, his conduct was circumspect and conciliatory, and
in the circumstance the Session authorised him to state the
entire case to, and ask the advice of the Presbytery, which
he accordingly did on his own behalf, and in their name on
7th July, 1870. The Presbytery then appointed a deputation,
which met in the vestry of the Free Church, Cluny, and had
a conference with the office-bearers, who still held their
position in the Session and Deacon's Court, and with those
who had resigned. Mr. Mitchell, the minister, was excluded
from this meeting, and at its close he was told that he would
require to leave Cluny. The minister afterwards came to
understand that a letter communicated to the Presbytery by
Mr. K, Macdonald, factor, had been instrumental in evoking
their final decision.
After Mr. Mitchell demitted his charge, Rev. Mr. Mackay,
Echt, was appointed interim moderator of Session, and the office-
bearers who formerly resigned and deserted the congregation,
resumed office without re-election or induction, and in defiance
of the Practice of the Free Church. A committee of the con-
gregation was appointed to act along with the office-bearers
in procuring a supply for the pulpit, and a Probationer was
soon appointed by them, but the office-bearers and committee,
although the latter's term of office had previously expired,
took it upon them to dismiss him, which the congregation
had only the right to do. A congregational meeting was held
for the purpose of considering the advisability of removing
the pulpit to a more convenient part of the church, altering
the pews and putting in a stove. An estimate of the cost of
these works was given, and the meeting sanctioned the under-
taking 3 but after it had been executed, at the request of the
Probationer, Mr. NicoU, very costly fittings were placed in
the pulpit, and other extra work of this nature brought the
expenditure far above the original estimate, as sanctioned by
the congregational meeting. About this time Mr. R. Macdonald
employed painters who had painted the Episcopal Chapel at
Cluny Castle, to paint the Church in such a fantastic and
ludicrous style that it was commonly remarked in the neigh-
bourhood that the Church resembled a Popish Chapel.
I wrote to the Deacons' Court on the 30th December,
1871,"^ pointing out that it was unfair to the congregation
for the committee to incur extra expenditure unauthorised,
and asserting that the sort of painting employed in the
Church was altogether wrong, both as being calculated to
awaken feelings and associations hurtful to the solemnity of
a Free Church congregation on Sabbath, and objectionable as
darkening the Church. The Court on receipt of my letter,
appointed one of its members to wait on me, and ascertain
what I proposed, and on 4th January, 1872, I wrotef saying
that if the painting on the wall behind the pulpit was made
similar or nearly so to that of the rest of the walls (defacing
the painted screen), I would not find fault with it or shew
further dissatisfaction. I also pointed out that the extra
expenditure on the pulpit ought to be defrayed by those who
incurred it, unauthorised by the congregation. The most
objectionable part of the painting was then defaced.
* See Appendix No. 0. t See Appendix No. 1.
On seeing a notice in the Free Press, that a deputation of
office-bearers from Cluny "appeared to request the Presbytery
to take steps for enabling them to give a call to the Pro-
bationer presently labouring amongst them," and that " the
Presbytery resolved to do all in their power to carry out the
■wishes of the congregation," I addressed a letter* to the
editor of that paper, stating that, on inquiry, I found that two
men who had re-assumed office, had taken it upon them to
appear at the Presbytery without having been appointed by
a congregational meeting. The conejregation was not only
ignorant of what they were doing at the Presbytery, but it
did not even know that they were there, consequently the
deputation was not in a position either creditable or honourable
to itself, or beneficial to the congregation. This letter was
not published in the Free Press, but was printed for private
circulation. Soon after this, a meeting was held for the
piu-pose of ascertaining the mind of the congregation, and if
favourable to the election of a Probationer, t<y appoint a de-
putation to appear before the Presbytery, as it was found that
the former deputation had acted entirely on its own responsi-
bility. At this meeting the moderator (Mr. Mackay), held
me up to the contempt of the congregation, and encouraged
others to abuse me, but would not allow me to speak in self-
defence, alleging that I had no right to speak, and that I
was " at the bar." He denfed that " Moncriefi''s Practice of
the Free Church " was sanctioned, and said that I was a
" hopeless sinner, and would not end well." To vindicate
myself I addressed a letter to the President of the meeting.
On the 7th March, 1872, I petitioned the Session to in-
vestigate ^fama about Mr. Ranald Macdonald, factor, Cluny
* See Appendix No. 2.
Castle, one of the deacons, in relation to a breach of the seventh
commandment, on the ground that the fama was known to
the office-bearers. I was not allowed to be present at the
meetings of Session, in reference to my petition, but was in-
formed by the Session Clerk, that the Session had appointed
their Moderator to wait on Mr. Macdonald (who furnished
the Session with letters from his wife, his servant girls, and
his shoemaker. He further informed me that the Session
had come to be unanimously of the opinion that Mr. Mac-
donald was innocent. This finding was subsequently com-
municated to me by letter, and then at a meeting of Session
at which I was present. On the last occasion I protested and
appealed against the decision, and craved extracts for reasons
to be given in.* The extracts were not furnished to me.
Having been cited to this meeting on the ground that business
was to be transacted in which I was interested, I was asked
if I had said that Mr. Williamson, elder, had two illegitimate
children before his marriage, and on declining to answer, the
Moderator cited me to a meeting of the Presbytery to be held
at Aboyne on 27th of the same month. I protested that it
was irregular to cite me until I was informed in writing for
what reason, and Mr. Mackay then ordered me " out at the
door." Although the citation was informal, I waved all
objections and appeared at the meeting. The Moderator of
Session (Mr. Mackay) brought Mr. Macdonald's fama before
the Presbytery, and after reading several letters accounting
for the origin of the fama, asserted in defiance of these letters
that I had originated it. I told him it was a lie ; upon which
the Presbytery expressed great displeasure, and urged me to
withdraw the expression, which I accordingly did, but said,
"it is a lie yet."
* See Appendix No. 5.
10
At the next 'meeting of the Presbytery, held for the purpose
of considering the reference by Mr. Mackay against me, I
petitioned the Presbytery to allow me to prove that Mr.
Mackay's statement that I originated Mr. Macdonald's /ama
was a " groundless, barefaced, slanderous lie," but the petition
was dismissed, and I protested and appealed to the Synod.
When this appeal came before the Synod, I was asked by
Principal Lumsden if I realised the responsibility of using
such language to the Moderator of Session ; I said, I did. He
then asked if I meant to say that Mr. Mackay knew that he
was telling a lie. I answered that I " did not know what
amount of brains he had, but if I had made a similar state-
ment in similar circumstances, I would have known that I
was telling a lie." My appeal was dismissed by the Synod,
and this explanation accepted as satisfactory.
At the meeting of Presbytery on 27th March, after con-
sideration of Mr. Macdonald's fama, Mr. Mackay brought
forward a pretended reference from the Session, to get me
put out of the Church, but it was not taken up. I was in- .
duced to bring forward witnesses to a pro re nata meeting to
be held at Torphins on the following week, to meet the
allegations in the reference. I had at that time got no copy
of the reference, although I had asked it from the Presbytery,
and from its clerk at his own house. Mr. Mackay read an
entirely different reference at this second meeting, but it was
not taken up, neither was I informed when it would be again
before the Presbytery, and although I had nine witnesses in
attendance, not one of them was examined. These witnesses
seeing the state of matters, signed a petition along with me
to the Synod, of which the following is the tenor : —
11
To the moderator and other members of the Free Synod
of Aberdeen. The humble Petition of the under-
signed who were present at the meeting of Presby-
tery at Torphins, on the 2nd inst., sheweth
1st. That for months past there has been a/ama about Mr.
Macdonald, deacon, widely circulated in the district.
2nd. That John Muil lodged a petition with the Kirk-Ses-
sion of the Free Church, Cluny, on the 7th March, last, in
reference to said /ama.
3rd. That the Moderator and the Session-Clerk insulted
John Muil in reference to the petition, and, besides prevent-
ing him from being present at meetings of Session held in
reference to his petition, the Session withheld extracts when
he protested and appealed
4th. That when the case came before the Presbytery (in
some way), Mr. ^lackay (moderator of the Session) asserted
that John Muil had originated and circulated the fama, which
assertion John Muil declared to be a " gToundless barefaced
slanderous lie," and prayed the Presbytery to allow him to
lead proof against it.
5th. That the prayer of the petition was not granted ; but
the Presbytery gave their permission to Mr. Mackay to recall
the statement that John Muil had *^ originated " the fama,
while John Muil said that he declined to allow him to recall
it, as it seemed to be actionable.
6th. That ]\Ir. Mackay further said, that John Muil had
re-originated or " resuscitated " and circulated the fama, and
that John Muil having denied that he did so, and as the clerk
would not state in the minute that he denied it, John Muil
took the Presbytery witnesses.
7th. That the assertion that the Presbytery had " evidence
12
by Mr. Muil's own admission at last meeting that he had cir-
culated the report in a printed letter, was untrue ; that the
printed letter referred to was a congregational letter, addres-
sed to the president of the late congregational meeting, and
sent by John Muil to only twelve people, all members of the
congregation, who, he had reason to believe, knew that there
was a fama, and that there was no expression in the letter to
circulate anything about the fama applying to Mr. R. Mac-
donald more than to any other member of the congregation,
and any person seeing the letter, and ignorant of the fama,
would at once see that the statement that the letter circulated
the fama about Mr. Macdonald, was untrue.
8th. That it appears to your petitioners, that the Session,
or rather the Moderator, and J. Edwards, and A. Williamson
were more anxious to gag John Muil, and to throw discredit on
him, and even to get him out of the Church, than to have the
fama competently investigated, and that your petitioners feel
called upon, in the circumstances, to approach yOur reverend
Court, and state it to be their conviction that there was
urgent need for bringing the fama before the church courts
that it might be fully and faithfully examined into.
9th. That a thorough investigation would vindicate the
Church, and promote the interests of truth and justice in the
district.
May it therefore please your reverend body to take the
premises into consideration, and institute a faithful and full
examination of the grounds of the fama in the interests of
truth and justice, that the Church may be vindicated, and
all cause of discredit from reports about \\iq fama be removed
from the congregation of Cluny.
This petition was subscribed by six members and office-
bearers of the Cluny Free Church, and three others. After
13
being considered by the Synod, I resolved, od the advice of
several of its members, to withdraw it.
On 7th May, I attended a meeting of Presbytery to present
the following petition : —
To the Eeverend, the moderator, and other ^'members of
the Free Presbytery of Kincardine 0*Neil, the
humble petition of the undersigned, sheweth
Ist. That Mr. John Edward, elder, and Mr. Ranald Mac-
donald, deacon, of the Free Church congregation of Cluny,
resigned office by writing, under their hands, on or about the
month of March, 1870, and then left the congregation in a
way unjustly, tending to disorganize it and break it up.
2nd. That after the congregation had been broken up in a
measure, they re-assumed office, without re-election or induc-
tion, contrary to the laws of the Church, and to the discredit
of the congregation.
3rd. That though the unpropriety of re-assuming office
has been repeatedly brought under their notice, they continue
to act in their assumed capacity.
4th. That there has, for a considerable time, been a fama
about Mr. Macdonald, in relation to a breach of the seventh
commandment, so widely known, that his remaining in office,
as at present, is still further a reproach to the Church ; and
that the Session have failed to investigate the fama in a way
fitted to elicit the truth, and to promote the ends of justice
by making apparent, with certainty, either his guilt or his
innocence.
5th. That your petitioners believe that for vindicating the
Church, and setting Mr. Macdonald right with the congrega-
tion and the public, that the Presbytery should legally exa-
14
mine Miss Barbara Ellis, Westside, Kingsford, Alford ; Miss
Helen Brown, Dalheric, Cluny ; Mr. James Bremner, Bethlen,
Midmar ; Mr. Morrison, auctioneer, TuUynessle ; and Mrs.
John Smith, Bridge of Alford, Alford.
May it therefore please the Presbytery to take the premises
into consideration, and to take measures to secure that Messrs.
Edward and Macdonald shall cease to be Office-bearers, as at
present ; and also to take steps that the fama about Mr.
Macdonald shall be investigated by thorough examination, so
as to make the truth about it apparent.
This petition was signed by two office-bearers, and three
members of the Cluny Free Church.
To the Keverend, the moderator, and the other mem-
bers of the Free Presbytery of Kincardine O'Neil,
the humble petition of the undersigned, sheweth
1st. That Mr. Andrew Williamson, elder, in the Free
Church congregation at Cluny, resigned office by writing,
under his hand, on 5th June, 1870, and then left the con-
gregation in a way unjustly, tending to disorganize it and
break it up.
2nd. That after the congregation had been broken up in a
measure, he re-assumed office without re-election or induc-
tion, contrary to the laws of the Church, and to the discredit
of the congregation.
3rd. That though the unpropriety of re-assuming office
thus, has been repeatedly brought under his notice, he con-
tinues to act in his assumed capacity.
May it therefore please the Presbytory to take the premises
into consideration, and to take measures to secure that Mr.
A. Williamson shall cease to be an office-bearer, as at present.
15
This petition contained the signatures of an office-bearer
and two members of the Free Church. Having previously
presented a petition to the Presbytery complaining of the Eev.
Mr. Mackay and Andrew Williamson, it was taken up at this
meeting ; but, after being considered, it was dismissed, while
the two other petitions which I presented that day, were not
received. I protested and appealed to the General Assembly,
and craved extracts and copies, which were granted. Mr.
NicoU, the probationer at Cluny, and ^Mr. Macdonald had
exerted themselves successfully to get parties who had s.igned
petitions to the Synod and Presbytery to delete their names.
They had called on a widow, and by engaging in prayer with
her, and working on her feelings, they succeeded in getting
her to induce her son, a deacon, to ride in haste to the rail-
way station, and telegraph to withdraw his name from a
petition at the Synod, an hour after the meeting of Synod
closed. Mr. Macdonald also succeeded in getting one of his
employers tenants to withdraw his name from the petition to
the Presbytery, and made application to another, in vain.
This tenant, a deacon in the Cluny congregation, was refused
trees on the estate, before he was solicited to delete his name.
Afterwards, he got trees, and paid them before the meeting
of Presbytery, as he thought they might be higher charged
after it. The nature of the fama may be conceived from the
number and magnitude of th^ efforts Mr. Macdonald made,
to strangle, in their birth, attempts at investigation. At
this meeting, Mr. Mackay brought forward a different refer-
ence* from each of the two preceding ones. Although I got
no notice that it was to be taken up, on its being read, I was,
on the motiont of Rev. T. Murray, Midmar, suspended from
the membership of the Church dve die.
* See Appendix No. 10. f See Appendix No. 11.
u
Not to martyr me. it was said an opening was left in the
motion to let me into the Church again, by onli/ becoming a
pious hypocritical liar. The four reverend brethern, to escape
martyrdom, might have had no difficulty with their own
terms, but to me they were unsurmountable. Though fall-
ible — godly ministers, men of ability, common sense and de-
votedness, are pre-eminently the salt of the earth, the medium
of the richest blessings, and well worthy of the much higher
Stipends sought and needed. Godless ministers — reverend
rogues, as seen at Rhynie, Stobhill, Gargunnock, and else-
where, are, owing either to Satanic influence, or extreme
natural corruption, a disgrace to religion, and a curse to the
Church — misleading the foolish, and grieving the wise and
good. I had told truths about " office-bearers and others "
whom the two highlanders, Murray and Mackay, favoured,
and, therefore, the " brethren " put me out of the Church on
the one hand, and kept them and their fama in, on the other,
without investigation. Ministers in the Presbytery put me
out, and the inferior courts must be protected. Where would
spiritual liberty be, if ministers could not act as they like 1
Independent of laws, they had subscribed, and irrespective of
all moral responsibility, and other people's civil rights.
Mr. Murray afterwards stated, that he was determined to
put me out of the Church, as " Mr. Macdonald had once done
him a favour." I protested and appealed to the General
Assembly for reasons'^ to be given in, and craved extracts
and copies ; but I did not receive any of them in due time
to allow me to bring my case before the then ensuing meeting
of Assembly. Instead of furnishing me with extracts, the
Presbytery clerk, Mr. Reid, sent me a private letter, request-
* See Appendix No. 9.
17
ing me to meet him with iny friends, to patch up matters in
an underhand way ; the Session clerk, Andrew WilUamson,
by same post, threatening me, through his agent, with prose-
cution for slander. I took no notice of either of these com-
munications. Though Mr. Keid disobeyed the Presbytery in
refusing to furnish extracts to the Assembly of 1872, and
though the Presbytery did not obtemper the order of As-
sembly, 1873, he, on my being declared no longer " a member
of the Free Church," threatened me with prosecution for
four times the amount he had himself formerly alleged I was
due for extracts. This he did after he knew that the extracts
had been useless to me, through his cheating me, under pre-
tence of friendship. In answer to a letter seeking extracts,
he should have previously given, he refused the extracts after-
wards ordered by the Assembly, and said they were not due,
but he prayed for me in his letter in a " suitable prayer." I
have been told that I should not expose ministers and Mac-
donald. It is myself and the Church I seek to vindicate, and
if they have stept out of their way to intercept me, they, if
hurt, have themselves to blame.
Being prevented from getting to the Asssmbly, by the dila-
toriness of the Presbytery in supplying any part of the ex-
tracts, and withholding the most important documents alto-
gether, I decided to leave the F^oe Church, could I have
shewn to another church the grounds on which I had been
suspended ; and, for this purpose, I wrote the Presbytery
clerk for copies of the documents on which the Presbytery
had grounded their decision, but he declined to give them.
Being refused the extracts formally granted by them at
their meeting, I was compelled to petition the Synod to order
the subordinate court to furnish me with copies of the docu-
ments on which its judgment was founded, to get its decision
reviewed.
18
I received the two following letters at this time, and I give
them here to shew that I am not the only person displeased
at the conduct of the Presbytery : —
Moat, Auchterless,
30th September, 1872.
Mr. John Muil,
Dear Sir,
Hearing that you are to apply to the Synod in regard to the deci-
sion of the Presbytery in suspending you from Church membership,
I beg to say, for the information of the Synod, that Mr. Mackay did
not consult the Session about calling you to the meeting of Session
held on 19th March last, and you were not called by its authority,
but by his. When you appeared, the only question Mr. Mackay
asked you, was, if you had said that Mr. Williamson had two illegi-
timate children before he was married. You declined to answer,
saying you were willing to meet any charge brought against you.
Mr. Mackay then cited you to the Presbytery on 27th March, at
Aboyne. You said it was unlawful to site you without telling you
in writing the charges brought against you when he ordered you
** out at the door." Mr. Mackay's written reference was not sub-
mitted to the Session, and contained statements that I never heard
of, and it does not seem to me that there was anything objectionable
in your letters on congregational matters.
I am. Dear Sir,
Yours truly,
(Signed) Wm. Garrie, Elder.
Cluny, 1st October, 1872.
Dear Sir,
In view of your applying to the Synod to revoke the decision of
the Presbytery of Kincardine O'Neil on 7th May last, we beg to state,
for the information of the Synod, that Mr. Mackay read a reference
containing charges against you at the meeting of Presbytery on 27th
March last, when you demanded a copy, and were induced by the
19
moderator and the clerk to cite witnesses to meet it at Torphins, on
2nd April last. A copy of the reference was withheld, though you
had asked it from the clerk at his own house. Nine witnesses ap-
peared at the meeting at Torphins, but not one of them was examined.
Mr. Mackay, at this meeting, read another reference ; and, in an-
swer to a question from the clerk, he said it was different from the
reference he had read at the former meeting. The Presbytery decided
at this meeting that you would get a copy of the reference before it
was taken up, but did not decide when it would be taken up. At
the meeting of Presbytery on 7th May last, Mr. Mackay read an-
other reference, but quite different from the other two, and we have
learned that neither of the three had been before the Session of Cluny,
though professing to be references from it. Mr. Mackay made a
most offensive and irrelevant speech about his reference, and the
Presbytery, without taking evidence, or calling for any evidence,
decided to suspend you from Church membership. Mr. Murray, the
mover of the motion which led to the decision, was heard telling one
of his hearers that he was determined to put " you out of the Church,
as Mr. Macdonald had once done him a favour."
Though the decision professed to suspend you, it virtually excom-
municated you, as you could not be restored to the fellowship of the
Church according to this decision, without satisfying the Session that
you "had genuine repentance" for telling the truth. We beg fur-
ther to say, that all your letters read at the Presbytery, contained
the truth, and nothing but the truth, and appeared to us to be un-
objectionable.
We are. Dear Sir,
Yours truly,
(Signed) William Downie, Linton, Cluny.
William Kennedy, Kinnernie.
James Milne, Deacon.
Mr. John Muil,
Nether Sauchen, Cluny.
The Synod refused to grant the prayer of the petition, and
I protested and appealed to the General Assembly ; but the
Synod refused to minute my appeal. I petitioned the Gene-
20
ral Assembly to order the Presbytery to furnish the extracts
referred to, as the Synod had refused ; and also to order an
extract of the petition which I had presented to the Presby-
tery, complaining of Mr. Mackay*s and A. Williamson's con-
duct. The Assembly instructed " the Presbytery to furnish
me with such extracts and documents founded on in their
sentence of suspension, as I might ask, inasmuch as it did
not appear from the judgment of the Presbytery, on what
documents their sentence proceeded." I accordingly applied
for the documents " produced and read " by Mr. Mackay in
support of his pretended reference. I got some of the ex-
tracts ; but, a letter which initiated the whole proceedings
on my part, of which the Presbytery complained, and which
was, in some measure, a key to the other documents, w^as
withheld, and extract of petition refused.
As there appeared to be no possibility of obtaining these
documents, although legally entitled to them as my civil right,
and as no wise interfering with the spiritual elem.ent, I raised
actions in the Sheriff Court, for the purpose of compelling the
Presbytery to furnish it, and also an extract of the petition,
complaining of the conduct of Mackay and Williamson. At
a meeting of the Synod held on 14th April, 1874, 1 presented
a petition, craving it to restore me to fall membership ; but,
instead of considering the merits of, or the statement in the
petition, they, on an admission by me to an interrogatory of
their own, that I had applied to the civil court to compel the
Presbytery to give these documents, expelled me from the
Church. I protested and appealed to the General Assembly,
for the following reasons : —
The appellant protested and appealed to the General As-
sembly on the following grounds, viz. : —
1st. The petition was not taken up as stated in the extract
«1
minute of Synod, and the procedure of the Synod was in-
formal and unconstitutional, inasmuch as the clerk of the
Synod did not first read — in fact did not read at all — the
papers transmitted to the Synod by the Committee on Bills.
2nd. The Synod did not consider the question of the suffi-
ciency of the document, to bring the case before the court,
or that all parties had been duly cited.
3rd. The Synod were thus acting in violation of the pro-
cedure of the Free Church Courts, and the appellant respect-
fully refers the General Assembly on this point to page 59 of
" Moncreiff^s Practice."
4th. The Synod had no right to interrogate the appellant,
and any answers given by him to the questions put, was in-
admissable against him, even though at another place and
time it might have been that the inference drawn by the
Synod was a correct one, because the questions put to him
had no connection with the papers lodged by him, and were,
therefore, altogether irrelevant. It is further stated that the
appellant was not bound to answer the questions put to him,
but he did so, on the ground he has all along maintained,
that his recourse to the civil magistrate was not a question
of Ecclesiastical discipline, but of securing documents to be
paid for in money ; that the procedure adopted by the Church
in administering that discipline, should be followed out in a
pure and legal way, by considering documents to which he
had a legal right, and which were indispensable. His appli-
cation, therefore, to the Sheriff, is not a question of Church,
but of civil law.
5th. The sentence of expulsion passed by the Synod was
altogether appressive and unconstitutional ; in respect, it
displayed a spirit of harshness altogether unbecoming a
Christian Church. No opportunity was allowed the appejlant
22
to argue the right, or the grounds for the Synod to do so, and
the procedure was, in the first instance, a breach of legal pro-
cedure and fair play, and, in the second instance, an assump-
tion of papal arrogance.
6th. It is specially provided by Section 3 of Chap, xxiii. of
the Confession of Faith, the foundation of the Free Church
principles, that " the civil magistrate hath authority, and it
is his duty to take order that all corruptions and abuses in
worship and discipline may be prevented." The proceedings
of the appellant, so far as the civil courts are concerned, are
within the scope of the above provision, as will appear from
the following four statements : —
7th. On or about the 23rd May, 1873, the appellant pre-
sented a petition to the General Assembly, with reference to
his suspension from Church membership, in which suspsnsiou,
as the petition alleged, the Presbytery of Kincardine O'Neil
refused, in defiance of their own resolution, to -furnish him
with full extracts, and, on which petition, the General As-
sembly, by deliverance of 26th May, same year, instructed
the Presbytery of Kincardine O'Neil " to gi'ant such extracts
or documents grounded on in their sentence of suspension, as
he (the appellant) might crave."
8th. The appellant, under the authority of said deliverance,
applied to the Presbytery to furnish him with an extract of
a letter written by him on 30th December, 1871,* to Mr.
John Edward, a member of the Deacons' Court, to be com-
municated to that court ; which letter was the principle
document on which that sentence proceeded, and without
production of which it is impossible for the present appellant
to bring the foresaid sentence of suspension under the review
of your reverend body. To enable him to obtain this extract,
* See Appendix No. 0.
23
and thus lay before your body the whole documents and ex-
tracts relative to the procedure and sentence of the Presby-
tery against him, the appellant had recourse to the civil
magistrate, and he thinks not without cause, inasmuch as
the General Assembly had ordered the Presbytery to furnish
the extracts, by withholding which, the Presbytery were thus
acting in violation of their own resolution, the sentence of
the highest Ecclesiastical court, and the principles of the
Free Church, as embodied in the aforesaid Confession of Faith.
9th. The appellant, on or about 7th May, 1872, presented
a petition relative to the status of Mr. Andrew Williamson,
farmer. Mains of Corsindae ; and, on or about the same date,
the appellant presented to the said Presbytery of Kincardine
O'Neil, a petition, with five signatures, relative to the status
of Mr. John Edward, and Mr. Ranald Macdonald, as having
assumed office in defiance of the "practice of the Free Church,"
and further, in relation to ^a fama (of assault with intent)
about Mr. R. Macdonald, which the petitioners alleged the
Free Kirk-Session of Cluny had failed to investigate in a way
to prove either his guilt or his innocence. That the petitioners
prayed the Presbytery to prevent the foresaid Messrs. Andrew
Williamson, John Edward, and Ranald Macdonald, from con-
tinuing to hold office, and to investigate Mr. Macdonald's/ama
thoroughly, by legally examining five witnesses named. And
your appellant has reason to believe that his lu-ging the
Presbytery to investigate said fama, was a principal reason
for the Presbytery suspending him from Church membership,
while the fama, still uninvestigated, is a stigma on the Church,
and the Presbytery is blamable for not enquiring into said
fama. That, on or about 7th May, 1872, the appellant also
presented a petition to said Presbytery, complaining of the
proceedings of Rev. Donald Mackay, Free Church minister of
24
Echt, as interim moderator of the Kirk-Session of Cluny, and
also of the said Andrew Williamson. The Presbytery refused
the prayer of this last petition. The appellant protested and
appealed to the General Assembly, and craved extracts, which
were granted.
10th. In virtue of the Presbytery's resolution, and of the
practice of the Free Church, the appellant requested an ex-
tract of the petition last referred to, but hitherto delivery has
been withheld. To secure this extract, with the view of
bringing the whole conduct and proceedings of Presbytery
under appeal to your body, the appellant has also had recourse
to the civil power.
11th. In the circumstances, it is humbly submitted that
the appellant is acting within his rights as a member of the
Free Church of Scotland, and in terms of its standard, the
Confession of Faith.
12th. Matters stood in the position specified, when the
appellant presented a petition to the Bills Committee, for
transmission to the Free Synod of Aberdeen, at its meeting
there on 14th April, 1874, setting forth the circumstance
and procedure of the Presbytery of Kincardine O'Neil in sus-
pending him from Church fellowship, and craving the Synod
to re-instate him as a member of the Church, in respect the
procedure of the Presbytery was without cause and due con-
sideration of premises.
13th. The Committee on Bills transmitted this petition to
the Synod, but the Synod did not read it nor consider it.
Interrogatories were put to appellant, with the view, as stated
by Principal Lumsden, one of their members, to ascertain the
standing of the appellant at the bar of the Synod. The in-
terrogatories were answered by the appellant to the effect
before narrated in articles 7, 8, 9, and 10, hereof. It was
25
immediately thereafter moved, and carried, that " the Synod
find and declare that Mr. Muil is no longer a member of this
Church." The appellant was held, in a sense, to have no
status so far as the petition then before the Synod was con-
cerned, which was ignored, and was not allowed to be heard
thereon ; while the Synod held he had a status sufficient to
expel him from the Church. It is submitted that the pro-
cedure was somewhat an anomaly, and was not altogether,
with due defence to the Synod, " above-board." The appel-
lant submits that he has not done anything wrong, incompe-
tent or unconstitutional ; that he was actuated by a desire
to promote the purity of the Church ; and he has reason to
believe that it was his urging the Presbytery to take action
to remedy, what appeared to be, and was, wrong, which in-
duced the Presbytery, in the first instance to suspend him,
and in the second, the Synod to excommunicate him.
The object of the present appeal and protest is to secure
for the appellant an unbiassed consideration of his whole case,
because several members of Presbytery were also members of
Synod, and took part in the discussion, and have a strong
personal feeling in connection with the case.
14th. For these reasons, the appellant submits that the
procedure of the Synod was irregular and oppressive, and
ought to be recalled, and the appellant res^- :,red to his status
in the Church.
In respect whereof.
(Signed) John Muil.
Nether Sauchen,
20th April, 1874.
I certify that this is a true copy.
(Signed) James Sutherland, Synod Clerk.
26
I at the same time presented a petition to the Assembly,
of which the following is an extract : —
That the Synod and the Presbytery, composed mostly of
ministers, have been contending for lawless licence in dealing
with your petitioner, and it appears to him that it is especi-
ally imprudent in Ministers and Church Courts to do so at
present, seeing that they have manifested, to the injury of
the Church views and principles, so antagonistic as to call
for petitions signed by one hundred and twenty-three thou-
sand members of the Church, and when it is allowed and
lamented that the labours of the ministry are partially abor-
tive, and the need for increased contributions to its support
so urgent.
That the attempts made to drive your petitioner beyond
the pale of the Church were unwarranted by the constitution
of the Church, and inimical to her prosperity, which depends
not only on the efforts of the ministers, but also upon the
sympathy and co-operation of the lay members, whose rights
have been menaced by the procedure against your petitioner,
and, so far as he is able to judge, ministers are opposed to
your petitioner, and it is said, persecute him, while laymen
sympathise with him, as in some measure fighting the battle
of freedom for the exercise of constitutional rights.
That your petitioner, in conclusion, would seek to draw the
attention of the Assembly to the tenor of protest and appeal
presented and lodged by your petitioner simul et semel with
present petition, for a full narrative of the whole procedure
in connection with the case, and that with the object of the
prayer of the petition-
May it therefore please the Assembly to take the whole
case, as well as the appeal against the Synod's decision into
your consideration, restore your petitioner to his full status
27
in the Church, and deal with the Synod and Presbytery as
their unwarrantable procedure may seem to deserve.
And your petitioner will ever pray.
(Signed) John Muil.
Nether Sauchen,
8th May, 187 4-
After considerable discussion, the Assembly authorised the
Presbytery, unless they should be informed under my hand
before their meeting in July, that the action in the Sheriff
Court was withdrawn — to pronounce sentence, declaring me
" no longer a member of the Free Church."
Knowing the contrary, Mr. Reid repeatedly stated to the
Assembly what was incorrect. I emphatically contradicted
him. But a leader. Dr. Rainy, in his motion stated what
was also incorrect, being, like a better man — Barnabas — led
away by dissimulation ; and as there was no one with Paul's
talents, integrity, and energy to withstand him to the face,
because he was to be blamed, the Assembly foolishly agreed
to his motion, in which he said the Presbytery had given me
extracts aright, and acted const itut ion f^Uy in putting me out
of the Church, on a forged reference of untruths, without
allowing me an opportunity of trying to rebut.
My case came up for debate before Sheriff Comrie Thomson,
on the 13th June, and on 15th July his Lordship gave de-
cision, in which he dismissed the actions and mulcted me in
On the same date (15th July), a meeting of the Free Pres-
bytery of Kincardine O'Neil was held in the vestry of the
Free Church, Aboyne, at which I was present, and handed
the following printed letter to the moderator : —
28
Nether Sauchen,
nth July, 1874.
(To he communicated).
To tlie Reverend Donald Stuart, Moderator of the Free Presbytery
of Kincardine O'Neil.
Rev. Sir,
By four ministers, a small fraction of your Presbytery, I
was, on a forged reference, without a trial, slanderously branded,
and banished, aye and until I should be evolved into a hypocritical
liar. Galileo was pat out of the church of Rome, like me out of the
Free Church, for telling truth. He could get in again by merely
becoming a liar ; but the four ministers must have me a pious liar
before I get in. The four are clerical monstrosities, and it might be
well to vivisect them in the interest of the genus rogues. To do so
would not be cruel, as they lack sensibility, when they could disgrace
the Church by so savagely mauling and mangling me. One of them
gave a lame ordination address, and the Presbytery jeered him for it.
To show how able it was, he published a quite different one ! It is
said he is so foolish as to preach without preparation — habbering and
thumping the Bible to pieces, till he find expression for his crude
ideas. He was, he said, " determined to put me out of the Church,
as Mr. Macdonald had once done him a favour." In gratitude to a
man with a f ama of assaults with intent, he did not stick at disgracing
the Church by gross injustice to me, and yet (modest man !) he seeks
" credit for loving the truth and candour more than any sect or
party." One of them has little mental wealth, and, in a pecuniary
sense, he is among the poorest of the poor Free Kirk Ministers.
Poverty is said to be ill for Free Kirk Ministers. By a published
correspondence anent a school where he acted a queer part, his cha-
racter was damaged for stating what was untrue. One of them acted
so unscrupulously and sinfully that I am unable to decide whether I
should consider him a rogue, a dupe, or a fool.
The other, my false accuser and unjust judge, tampered wtih the
Cluny Deacons' Court. His authority was demanded, and as he had
none, he had to beat a hasty and shameful retreat. Knowing that
he was telling a falsehood, he said to the Presbytery that I had
originated Mr. Macdonald's fama. Before the Presbytery he must
have a fling at my young wife, so unlike his fat fat wife, with a bit
29
of money, old enough to be his mother, contributing to the family
expenses, without increasing its members. Ministers like to rule,
and in the Presbytery they do much as they like, few elders being
members, sometimes none present. Some ministers do not want
them, and for nine or ten years a Session has no representative.
The inferior Court must be protected at all hazards, so the Synod
and the Assembly, like the Benjamites with the men of Gibeah who
abused the Levite's concubine, must stick up for the men in collusion
with a fama of a like nature.
The Assembly, in saying that it found the Presbytery had given
me my extracts aright, reminded me of the man, who, when told
that he was smored in the snow, said he *' kent it was a lie as seen's
he heard it," it was so evidently absurd.
It would be convenient for miscreants, could they thereby escape
justice, to be commanded to murder one to whom they had given a
cowardly, treacherous wound.
The Presbytery is bid excommunicate me in its own interest,
should I not denude myself of my civil rights. Should it mount the
ultramontane horse, and ride off on lawless license, it may be taught,
as priests in Germany, that it has corporal dependance, when placed
in an ignominious fit. A hundred and twenty thousand (" asses and
highlanders "), made the Assembly, Principals, and all, hear the
voice of God in 1873. If ministers must have a struggle for power
to forge lying references, and then brand and banish without a trial,
more thousands may see it bounden duty to shut their pockets till the
contest be fairly settled. Having appealed to the Head of the Church,
the members must also be appealed to.
Being in deadly conflict with the Presbytery, I am prepared to do
battle either on civil or ecclesiastical ground. I must have a trial.
I would not re-enter the Church but on a verdict of *' not guilty," as
otherwise, I would disgrace the Church as, I think, Mr. Macdonald
and his abettor do with the vile fama sticking to them. If bent on
a war of extermination, I defy the Presbytery. If willing to come
to reasonable terms, I will lay down my sword, but trial I must have.
I withdraw my civil case against the Presbytery, on condition that
it pay me the cost of its uncivilised warfare (more than £100) ; in-
vestigate Mr. Macdonald's fama for the sake of the Church and for
his own sake ; cause the Session furnish me with extracts of all its
so
minutes anent me and my petition about Mr. Macdonald's fama, and
of the letters of Mrs. Macdonald, Barbara Ellis, Helen Brown, and
Alex. Bisset, in reference to the fama ; and allow me to have a trial
after being told the witnesses by whom it is to be attempted to prove
my guilt.
If the Presbytery agree to these conditions, it will, owing to my
experience of the Presbytery, be necessary for me to ask a guarantee
for their fulfilment.
I will expect to learn definitely the mind of the Presbytery at its
meeting on Wednesday the 15th current.
Thus off'ering to withdraw my actions against the Presbytery on
the only lawful and reasonable grounds,
I am,
Reverend Sir,
Your most obedient servant,
JOHN MUIL.
The Clerk proceeded to read the communication to the
Presbytery, but Mr. Mackay interposed, and said he would
not allow it to be read, Mr. Stothert, Lumphanan, seconded.
Mr. Muil — You'll no burke me again, I tell ye, you must
decide upon my letter, by the orders of the Assembly, and it
must be read, that's the terms you go upon.
Mr. Moir — The better thing is to remit it to a committee.
Mr. Muil — You're no to garble my letter, min'. I've been
burked all along, I'm nae to be burked now.
Messrs. Stothert, Moir, and Reid, were then appointed to
see if there was anything like an offer to ob temper the judg-
ment of the Assembly.
Mr. Muil — I'm to be heard by the Presbytery, and the
public can judge.
Mr. Reid, on behalf of the Committee, said they had ex-
amined the letter, and could not recommend any part of it to
be read except the last portion.
Mr. Muil — I must be heard now in support of my letter.
31
Mr. Stothert — Let the Presbytery first decide upon the
procedure.
Mr. Reid — I think the best way will be to ask if Mr. Muil
has up to this date withdrawn his action.
Mr. Muil — That question is nothing to the purpose. My
letter is there, and ye have no business to ask anything at
me by the deliverance.
Mr. Reid — The action according to the deliverance must
be withdrawn, else we have to pronounce that Mr. Muil is
'' no longer a member of the Free Church." The action is
not withdrawn, and he appears before us to-day to try and
make conditions with us. I simply move that the Presby-
tery find that Mr. Muil has not withdrawn his action.
Mr. Muil (interrupting) — I must be heard now. It will
not do to burke me again.
Mr. Reid (continuing) — And now declare him to be no
longer a member of the Free Church.
Mr. Stothert — I second that motion.
Mr. Muil — That precludes me from reading thml (a written
speech).
The Moderator — Unless you have withdrawn the action we
cannot hear you.
Mr. Muil — I have withdrawn it upon conditions.
Mr. Stothert — It is not withdrawn ; it is still in court.
Mr. Muil — The action is withdrawn. It all depends upon
you.
Mr. Reid — Then this motion is agreed to unanimously.
(Applause).
Mr. Muil (tabling the requisite shilling) — I protest and
appeal against the decision, and I crave extracts and certified
copies.
The Moderator — We cannot give you that. We have the
32
authority of the Assembly for now declaring you no longer a
member of the Free Church.
Mr. Muil — Well, I'll have an action of damage against you
on that point. I'll take you up before the Assembly, because
I have given you a letter withdrawing the action, and you
have not received it.
Mr. Eeid — In regard to Mr. Muil's asking for extracts, of
course I will send him an extract of this deliverance.
[But he did not send the extract though he promised, and
was paid for it].
Mr. Muil — I must have an extract of all the proceedings,
my letter and all.
Mr. Reid — That's not been read.
Mr. Muil — I'll have the Court of Session upon you yet.
Mr. Mackay — I hold that Mr. Muil has no right to speak.
Mr. Muil — " Away with him ! away with him ! crucify
him ! cructfy him ! " The 'voice of the chief priests will pre-
vail, but vengeance is nae a' ower wi' them yet. Is' it minuted
that I protest and appeal 1
Mr. Reid — I see no harm in giving the extracts, but he is
not entitled to them.
[Mr. Reid afterwards wrote me that the extracts were
ready, and would cost 5s. In reply, I bade him submit them
to any person of respectability, who would tell me what they
contained, and if they were worth 5s., as he had no confidence
in me and I had none in him].
Mr. Muil — I crave extracts and copies. I'll be back to
the Assembly with you, after I get the public enlightened.
An altercation here ensued between Mr. Muil and Mr.
Stothert.
Mr. Muil said the action was withdrawn if the Presbytery
liked.
33
Mr. Stothert — Has it been withdrawn, or has it not ? Is
it in the Court ?
Mr. Muil — It is out if you agree to the conditions. My let-
ter withdraws the action. The action has not been before the
Presbytery, for the letter has not been read, so you do not
know what's in it. I have been burked again in spite o'
mysel', my letter withdraws it, and I intended to withdraw
it.
Mr. Reid — Well, sit down and write that out.
Mr. Muil — It all depends upon you.
Mr. Reid — You know quite well that that letter is not a
withdrawal. It is an insult to us and to every one of us,
and if that letter was published, and we thought it worth
while, we could prosecute you.
Mr. Muil — I would be glad of that, I would help you in it.
Mr. Reid — We don't think it worth while.
Mr. Muil — Well, I'll stand it as lang's a Free Kirk minister
will, and you'U get to the bottom of your pooch before I will.
The minute in reference to the matter was then adjusted,
and reference being made in it to the report of the Commitee.
Mr. Muil declared that he had nothing to do with the
Committee, but with the Presbytery.
Mr. Reid — It is the Presbytery that find there has been
no withdrawal.
Mr. Muil — The Committee did not tell the truth. There
was nothing wrong in my letter. I considered that long be-
fore, and it was withdrawing the case. Understand that I
protest and appeal, and crave extracts and copies.
The Moderator — You have no standing or right to appeal.
Mr. Stothert — Should we now engage in prayer 1
This was agreed to, Mr. Stothert leading the devotion with
a suitable prayer. Immediately on its conclusion (the prayer
34
may have been " suitable," in the light of the pfocedure of
the Presbytery to put me out of the Church, and hold me
out till I become a hypocritical liar, as it was in the same
spirit. Having failed to get me evolved into a liar, they
prayed to God to change me. A solemn approach thus to
God at the throne of grace horrified me, and reminded me of
the man who committed murder in secret, and afterwards
prayed appropriately in public beside his victim),
Mr. Muil said — I would pray for the Presbytery ; and
forthwith he proceeded to do so, all the members of Presby-
tery but three leaving the room. Mr. Muil prayed for the
ministers, they had their imperfections, he said, and they
could not avoid backsliding. He prayed that they might
humbly be brought to see the truth, and acknowledge that
they had done unjustly in many ways.
On the conclusion of the prayer, the members of Presby-
tery who had gone outside re-entered.
Mr. Reid then said — You have done a very unwarrantable
thing, Mr. Muil, and we should have thrust you out by force,
your case was concluded, and you have committed an ad-
ditional sin ; and all along you have been acting in a very
improper way.
Mr. Muil — I have not.
Mr. Eeid — You better just leave the Presbytery.
Mr. Muil — Get a policeman and put me out.
Mr. Reid — We won't need to do that.
Mr. Muil — I gave <£! as a subscription to build this hall,
and the first time I come into it I am put out of the Kirk.
Mr. Reid — You are the first man that ever interrupted the
proceedings of the Presbytery.
Mr. Muil — I have not.
Mr. Reid — You have acted so that many had to leave ; you
have no right to speak.
35
The above report is an extract from the Aberdeen Free
Press.
I do not purpose to refer farther to the early history of
the congregation with which I was so long connected, but I
must refer briefly to more recent circumstances, in which
I figured conspicuously, and, by the unwarrantable conduct
of the Church Courts, sometimes in an unfavourable light.
As a member of the congregation of Cluny Free Church,
I was interested in its welfare. There was a call for my
letter to the Deacons* Court about unauthorised expendi-
ture ; and the painting of the church which was very
unsuitable. My letter to the Free Press was justified by the
fact that the Moderator and Session had to carry out its
suggestions. It was my duty to petition the Session relative
to the notorious fama about Mr. Macdonald, as it deeply
affected the congregation and me as a member of it. Although
I had taken no step which was incompetent, nor made any
assertions which I could not substantiate, the Session, without
any tenable ground, took umbrage at me and brought me
before the Presbytery. I was entitled to be present at the
meetings of Session on the fama, but was not allowed ; and
also to get extracts of the minutes about Mr. Macdonald's
fama, and of the documents on which they had decided, when
I protested and appealed, but did not.
To show that my procedure was competent and constitu-
tional, and that the procedure of the ecclesiastical courts was
inconsistent, and at variance with the principles of the Free
Church, I will give an outline of its constitution compiled
from authentic and authoritative documents : —
The Free Chuch of Scotland is a voluntary association of
Christians, tolerated by law, and enjoying the protection of
law in the expression and promulgation of their religious
36
opinions and doctrines, and in the performance and exercise
of their religious rights, and has a constitution or contract
to which all its members have voluntarily subjected them-
selves. It is not established by law, and has no proper
judicatory so called, constituted or recognised by the state,
and its members are subject only to its regulations as em-
bodied in the said constitution or contract, in so far only as
these regulations are lawful and legally put into force or
observed under the said constitution or contract of the said
church. Its members are associated and its affairs are con-
ducted by bodies of ministers and laymen called Kirk-Sessions,
Presbyteries, Synods, and General Assemblies. The deliver-
ances, or sentences, or other procedure of the Presbytery,
may be brought under review of the Synod, whose decisions
again are reviewable by the General Assembly. In accordance
with the said constitution or contract, a party in a case which
has been under consideration by any of the inferior courts
may bring their judgment under the review of the higher
courts by appeal. The appeal is taken at the meeting at
which judgment has been pronounced, and immediately on
its being intimated to the party. The reasons of appeal are
either stated at the time and entered in the minutes, or they
must be lodged by the appellant with the Moderator or Clerk
of court, and copies of these reasons with all the papers and
extracts are transmitted by the appellant to the clerk of the
higher court within a certain time from the date of appeal.
The appellant is entitled to all papers and copies thereof,
and extracts of the minutes relative to the judgment appealed
against in order to enable him to prosecute his appeal. The
extracts, papers, and copies require to be duly certified by
the clerk of the court pronouncing the judgment, and it is
ultra vires of the Presbytery or any of the inferior courts
37
merely to furnish part of the said papers or extracts. The
Free Church constitution embodies a recognition of a national
Establishment of religion and the jurisdiction of the civil
magistrate, in preventing and remedying abuses in discipline
and doctrine. That the civil courts claim the right to ex-
pound and enforce the constitution or contract of non-Estab-
lished Churches, the following remarks by Lord Romilly,
quoted by Mr. Justice Barry in the O'Keefe Trial, will shew : —
The rule by which the courts are bound is this — " If any num-
ber of persons, either in England or in any of its dependencies,
associate themselves together professing to follow a particular
religion, not being the religion of the state, the court must,
when applied to, enquire into what the doctrine and discipline
of that religion are, and must then enforce obedience to them
accordingly. Thus if they be Presbyterians, or Independents,
or Wesleyans, or the like, the court ascertains upon proper
evidence what the doctrines, ordinances, and rules are by
which the particular sect of religionists is bound, and enforce
obedience to them accordingly. It is needless to cite
authorities to establish this proposition, the books abound
with decisions on the subject, all of the same character."
Sheriff Comrie Thomson, in giving judgment in my case,
said, " Non-Established Churches have no public privileges
higher than or different from any other body of persons
associated for any object, be it trivial or important, temporal
or spiritual. . . . No such community has any ^ Juris-
diction ' in the ordinary sense of the word."
If the Session considered that it had grounds of action
against me, I should, according to the " practice of the Free
Church," have been furnished with a statement of them to
give an opportunity of trying to vindicate myself. This was
not done, and the conduct of the Session was therefore un-
38
constitutional. The pretended reference was not only
irregularly brought before the Presbytery, but it was forged
and the statements in it were false, and Mr. Mackay was not,
as it stated, Session-clerk. In any case when it came before
the Presbytery, I was entitled to get an extract of it, and be
allowed an opportunity of leading proof against it, but instead
of this, when 1 brought forward witnesses, not one of them
was examined. I was summarily put out of the church and
refused extracts of documents, on which the sentence of sus-
pension was grounded. The Presbytery had no right to break
a legal civil agreement to give for money, extracts which the
laws of the church and their own resolution bound them to
give to get the sentence reviewed. The avowed object of
the minister who moved the suspension was to please a person
who had once done him a favoiu-. From such a judge needed
one expect justice 1
Being anxious, for the credit of the church, to obtain redress
as an ecclesiastic, I appealed both to the Synod and to the
General Assembly. The la'tter acted differently on both
occasions from the former, but only to inflict injustice in
another form.
I do UDt complain alone of the injustice of the sentence,
but also of the courts' tyrannical bearing and procedure.
Were business to be transacted after the mode of these courts,
there could be no confidence between man and man, as it was
lawless and contrary to all precedent. Perhaps the Presbytery
had a sort of constitutional right to pass a wrong sentence, if
unwilling to pass a right one or unfit to do it, but had no
ground for refusing extracts. The sentence of suspension
passed without a trial was not only unprecedented and un-
waiTan table, but it was diabolical to put me out of the church
and keep me out, till I became a hypocritical liar. Having
39
done this they gagged me by robbing me of extracts which
would have enabled me to vindicate myself. Ministers, I think,
in robbing and gagging me have acted more wickedly than
garrotters on the streets of London, inasmuch as they are better
instructed, are in responsible offices, and profess to be acting
for Christ, and guided by " His mind." It seems that its ministers
and courts are the church's worst enemies, as its constitution
has been violated by them, and the rights of its members
trampled on. The treatment I received shews that however
innocent a man may be, were he falsely accused by a forged
reference of lies, it would be out of his power, if opposed by a
factor doing a favour to a minister, to get an opportunity of
proving his innocence, owing to their capricious arrogance. I
tried every available means in virtue of my rights as a member
of the Free Church, and also as a civilian to obtain a trial with
the view of justifying myself by substantiating the statements
in the documents brought against me as untrue, and on which
I was thrust out of the church, but as it was impossible to
obtain a trial, it is evident that Free Churchmen as units,
are slaves ; while as a whole, they can be tyrants.
Being denied my rights as an ecclesiastic, I was entitled to
fall back upon my rights as a civilian, to obtain civil property,
not interfering with the spiritualprovince of the church. I
was defeated in the civil court. The law, as laid down by
the Sheriff, is not complimentary to the Free Church, neither
does his view of the " contract " give security to its members.
Having left the church, I did not prosecute my actions farther.
My case was so good that had I prosecuted it, I must, like
Bismarck, have gained, but there would have been a " heap
o' scirlin' for little 'oo," much cost and trouble for little use.
Though ordered by the Presbytery, and he agreed to do it,
and I paid him, Mr. Reid, the clerk has withheld an extract
40
of the deliverance of the Presbytery at its meeting on 15th
July last, so I cannot give the text |of it. He got his head
twice cloured by mismanagement, perhaps this intensified his
natural failings. He said repeatedly in the Assembly that I
was not an elder, though he had just then stated that he had
given me a document with his signature at it, showing that
I was. He is perhaps none worse a Free Kirk minister for
saying in a Church Court what his own writing showed to be
untrue, though had he sworn it in a court of justice, he would,
I think, have peijured himself. To make him give the
extracts or return the money, I might prosecute him, but I
pity him.
An eminent authority on Free Church matters recently
said, " No doubt our (Free) Church is sound in theory, and
has clearly defined principles, but in practice v/e are manifestly
shifting our ground, and the growth of this evil has been
seen and deplored by intelHgent and independent men for a
number of years. . . . In 1873, it was about to land us
in actual rupture by the persistent proposal that we should
abandon our disruption principles, and amalgamate with an
avowedly voluntary church in opposition to the remonstrances
of a large number of the ministers, and the petitions and
memorials of 1 23,000 of the people of the church." Although
this majority of ministers and elders had asserted that it w^as
their duty to pass the mutual eligibility overtures, they were
prevented by the opposition of the church (" asses and High-
landers,") although they were undoubtedly numerically strong
enough to carry everything before them in the Assembly,
yet " the dumb ass forbade the madness of the prophet."
But although defeated, it is understood and even expressed
by themselves that they still hold the same views, and it
seems that the Free Church is drifting before the wind among
^ 41
currents, and her officers disagree as to steering her by her
principles and laws, or by the opinions of majorities.
Since the disruption ministers have changed in kind, and
they are inferior in quality. They were then disinterested
and independent, holding views and acting in accordance
with the constitution of the Church as the true Church of
Scotland. Now many — most of them are voluntaries or
nondescripts. One of the ablest, soundest, and most distin-
guished ministers of the Free Church traces the voluntaryism
of Free Kirk ministers to the French Kevolution. He at-
tacks them as holding infidelity in one of its most dangerous
forms, as denying " the duty of Nations in their corporate
capacity, to honour and serve the God of Nations, and to
promote the interests of the Church of Christ." Few Fre 3
Kirk ministers are men of ability, most of them have turned
their backs on the principles they subscribed, many of them
are very poor and cannot, it is said, be good at the money,
and they are, as noticed in the Aberdeen Free Press under
the influence of individuals on whom, in a sense, they are
dependent.
The procedure to which I have succumbed shows that
members of the Free Church are as much slaves as the
people of England in the time of King John, and liave as
much need of a Magna Charta. They need it to dllji^ive
ministers of power to put them out of the Church without a
trial at the instance of any one. In the case between the
nose and the eyes it was decided that the eyes should be
shut when the nose put his spectacles on. When minis-
ters lynch law and burke it is time for members to shut
their pockets — as prayer and fasting would drive the devil
thus tempting to such wickedness, out of them,- Matthew xi.
21. Ministers pat and praise members forgiving so liberally
42
to the funds of the Church, and in the same breath tell them
they are giving too little by a half to get ministers of
use. At one time they boast that the financial success of
the Free Church is proof that religion can be efficiently sup-
ported on the voluntary principle — anon they complain that
ministers can not be good so cheap, like the man who could
not spell aright with a bad pen. Ministers of the Free
Church bewray themselves by their speech, which is inconsis-
tent and contradictory. They are all of one mind and uni-
form in action as to getting as much money from the mem-
bers as possible. They never get enough though they util-
ised the defeat on the union question, and the revival move-
ment for the purpose. In return ministers claim, as in
my case, a right to "spiritual independence" — act as they like,
burke at will ; forge references of lies ; wink at scandalous
" friends," write what is untrue in Free Church records ; and
break legal agreements. And when utterly baffled in evolving
a man into a liar, to set one of the richest " brethern" to
pray in a " suitable prayer" that God would change him.
One of the Free Kirk ministers seeking the downfall of
the Church of Scotland has been up the country and down
it ; in the highlands and in the islands. He must be a model
man, and I took some pains to get his measure. As a Free
Church minister he is of course poor as a church rat. One
of his members says he otherwise resembles that animal,
as, when caught in a trick, he will cut a hole to escape.
There is a screw loose in his conscience when he can disown
the creed he vowed to keep ; and when he can sei^ve three mas-
ters, mismanaging home duties, and set out on an expedition to
abuse " his betters." It is said his congregation feel that his
usefulness to them is at an end, but they have no hope of gett-
ing rid of him. Such a man could hardly be gentlemanly. He
43
has little taste and less dignity, while his bodily presence is
weak, and hmwalk, if not his speech, contemptible. If Paine's
death was a good illustration of his principles, this man's
home is a good illustration of the work of Free Church
ministers who compass sea and land to make proselytes to
disestablishment. A lawyer, an inveterate foe to the Church
of Scotland, of long standing, attacked it in a proud speech,
noticeable for the frequent recurrence of the word *^ humble,"
" humble." If as selfish in his views against the Church as
against me, he should use the word " greedy," " greedy " for
" humble." It is well to kill twa dogs wi' a' bane " and while
" humbly " crying " down with the church," he may bring
" grist to his mill " like the Cluny case, and it will re-
quire looking after, if he gain, to make him just in his
charges.
The manner in which the members of the Cluny Free
Church repeatedly broke up that congregation and stopped all
collections, shews what the whole members of the church have
it in their power to do, and what they may or even should do.
We have an illustration in Mr. Mitchell's case, how a con-
gregation under an influential and unprincipled leader, can
tyrannise over a blameless minister. This shews that there
is no security for ministers ; while my case shews that there
is no security for members of the Free Church. Ministers
complain that they are inadequately paid to work aright, yet
they have no legal or other powers to compel the members
to give them sufficient remuneration, and the ministry, it is
said, is suffering to the injury of the members, in consequence;
so that the state of matters in this respect is aptly character-
ized by Cowper when he says —
u
" In sooth the sorrow of such times,
Is not to be expressed,
When they who give and they who get,
Are both alike distressed."
An eminent Free Church minister says, "Our ministers
are not of sufficient quality," nor " are we supporting them
adequately." Numbers of them have resiled from the stand-
ards of the church, and have been fraternising with the
voluntaries, and now although unfit for the efficient discharge
of their own duties, many of them are going out of the way,
and vehemently agitating for disestablishment.
Principals and ministers of the Free Church claim " Scrip-
tural authority " for " Spiritual independence," not only not
to observe the sanctioned laws and practice of the church,
but also practically when they can muster a majority to act
as if they were the church, and free from all control of the
moral law as well as of the creed, and the principles they had
subscribed. Unionists evolved into disestablishmentists,
shout as if they were the representatives of disruption prin-
ciples, and even the temple of God. They are neither. They
have lost their pedigi-ee. They are in my case, the repre-
sentatives of the Benjamites, sticking up for the men of
Gibeah.
Mr. Gardiner, Old Aberdeen, says, " The peculiar principles
of the Free Church would not be received by the world, and
more than ever they must be convinced of the difficulties of
their theory of Spiritual independence being fully realised on
this earth and accepted."
We have a practical view of this " Spiritual independence "
of the Free Church in the Cluny case. This will enable the
world to see and realise the " theory " whether or not it may
incline to embrace it.
45
As the prophet in derision said of Baal, " he is a God," so
say I. of the " Spiritual independence " manifested in this
case. It is the " mind of Christ.", Jesus Christ is the same
yesterday; to-day, and for ever, but ministers in Free Church
courts (almost no elders there), are of different minds, often
bitterly opposed to each other, and very immannerly. Is
Christ divided, and is it His mind that the brethren " strive
and fight about abusing their neighbours while envying and
grieving at their good ? A factor with a fama is brought
competently before church courts, two " hielan " ministers
(with notable wives like his own, all the ministers' wives
are against me), stick up for him, and will not investigate
the fama to do him justice, but fight for him and bungle
matters so as to make even people, who were not so before,
suspicious of him and of them. The two " hielan' " ministers
say what is untrue the one after the other in the Session and
the Presbytery, and with a little aid, burke the man who had
been anxious for justice to the factor. Such men would be
among the greatest sticklers for " Spiritual independence,"
to give them a chance in their zeal and charity to evolve a
man into a liar, to make him worthy of a place in a church
so unshackled and free. 2/13 (according to D. Mitchell,
lawyer), had the " mind of Christ " to put him out of the
church, to teach him " genuine " repentance for doing his
duty. The rest of the Presbytery had the " mind of Christ "
to disapprove of the 2/13 doings. But as he w^ould not attend
the confessional with Mr Reid, he must be burked or tethered,
kept from the Assembly by sleight or might. It was there-
fore the " mind of Christ " that the Presbytery should rob
him of extracts, and deny the robbery as rogues would do.
On applying to the Synod, it declined even to look at
papers to know his case, and dismissing his petition, refused
46
to minute his appeal. It was the " mind of Christ " that it
should trick openly.
The Assembly, as the " mind of Christ," ordered the Pres-
bytery to do one part of its duty, give extracts of documents
in the suspension, but refused to order an extract of petition
complaining of Mr. Mackay, the " friend." of the factor with
a fama to get him tried by his brethren. When the order of
the Assembly had reached the Presbytery, it was the " mind
of Christ " (?) that they should " keep back part of the price,"
and aflBrm that they had given it all. On applying to the
" minister of God," in a civil matter, the whole 'priesthood of
the kirk were as indignant at him as at the abolition of
Patronage in the Church of Scotland. It was said ministers
would not only have put him out of the church, but even
into the lowest dungeons of the inquisition, as well as knock
down the establishment. Though they have " Spiritual in-
dependence," they evidently lack absolute power, so I am, to
use the first person, yet at large, and the Church of Scotland
still stands.
Principal Lumsden, wily man, by his ruse^ saved the Synod
from dealing with the petition for redress, and the Presbytery
escaped as a bird, w^hile I was caught in the Principal's trap.
He could not keep me, it was the " mind of Christ " that I
should get another chance to be fused into a modem Free
Churchman, a cameleon.
Dr. Rainy, aping the Pope, affirmed in his motion that the
Presbytery had done what it had not, given me extracts
aright ; that it had acted constitutionally in burking me so
far ; and that I should be burked outright if I did not repent
and amend. To this motion the Assembly wickedly gave its
sanction, so it was the act of the whole church. It has begun
to dawn upon my mind that I should explain matters to next
47
Assembly, to give it an opportunity of vindicating the church,
should I succeed in diffusing a knowledge of facts previously
among the members.
I do not feel for my own position. I have the approbation
of conscience, and I trust the approval of God for taking the
steps I took. I felt there was necessity laid upon me. I do
feel for the church, under the guidance of its present rulers.
Once the admiration of all lands, the church is now contem-
ptably contending for licence to burke, to lie, forge, and
cheat, scouting at all enquiry, and setting at defiance the
rights of members, and treating them as if they were not
British subjects, besides being Christians in a Christian land.
It is said there is but a step from the sublime to the
ridiculous ; here is such a stride that it takes in the absurd.
Like Napoleon in Egypt killing his wounded faithful soldiers,
Dr. Rainy and his silly followers have made a " blunder "
whether or not like him they may be taught to see their folly,
not to speak of their sin. The constitution of the Free
Church recognises a national establishment of religion — as
the following remarks by Dr. Chalmers will show : —
Speaking from the Chair of the Free Assembly, he said : —
" We quit a vitiated establishment but would rejoice in re-
turning to a pure one, we are the advocates for a national
religion and national support of religion, and we are not vo-
luntaries." Instead of attempting to pull down the Esta-
blished Church ministers should, to be consistent, endeavour
to get removed, if they think they have sufficient influence
with the legislature, what they believe in her to be still in-
consistent with the Scriptural Establishment of Religion.
The legislature, by the abolition of Patronage, which it un-
justly imposed, has now placed the Established Church in
such a position that the leaders of the Free Church, at the
48
time of the Disruption, would have been conscientiously able
to remain in it. As it was the civil element, Patronage, that
led to the interference of the Court of Session with the Esta-
blsshed Church, now that it has been removed, its spiritual
independence is absolute ; and as its laws are defined and re-
cognised by the statute laws of the land, there is security
both for the ministers and members, which the ministers and
members of the Free Church have not, but they have patron-
age by cliques. Ministers, and office-bearers of the Free
Church by attacking the establishment, are evidently acting
the part of Demetrius, " and the craftsmen of like occupa-
tion," and for the same reason ; and a Principal of the Free
Church, Dr. Rainy doing so recently, said a " friendly gentle-
man " (sorry for him), would say to him, " well, my dear
fellow, you must see that you have been making a fool of
yourself"
In 1841, Dr. Chalmers said, " Were I a Conservative Prime
Minister, and I use the term not in its party but in its good
and general meaning, as expressive of that policy which were
the best conservators of public order and of all our institutions.
I should deem it a masterstroke of sound and able statesman-
ship to give the people of Scotland the election of their
ministers, believing as I do, that whatever may be the sem-
blance there is not one common point of practical or substantial
analogy between a Democracy in the church, and a Democracy
iu the commonwealth, when guarded as our church is by her
orthodox standards, and administered by her soundly educated
clergy."
Attacking the Establishment in the position in which it is
now placed. Free Church ministers are fighting in opposition
to the views held by Dr. Chalmers, Dr. Welsh, Dr. Cunning-
ham, and other leaders of the Free Church at the Divsruption,
4d
but their doing so is only in accordance with their uncon-
stitutional conduct to me, and in connection with the Union
movement and the Mutual Eligibility Scheme, in which they
were reproved and coerced by the body of the members, who
voluntarily contribute what forms the "backbone" of the Free
Church ; and the withdrawal of which would leave the
ministers utterly powerless and prostrate. By their pro-
cedure with the voluntaries on the one hand, and with me
on the other, principals and ministers of the Free Church set
at defiance the moral as well as the ecclesiastical law ; but
there is one law, " Dunse Law," which they must observe, as
on the observance of it hangs their poor insecure pittance of
daily bread, of which they speak so much. And a hint, even
by 123,000 (" asses and Highlanders,") that they were break-
ing this law, would at once bring them to their senses as
before, and instantly force them to repent, confess, and recant,
as at the General Assembly of 1873, when their conduct was
not only sublimely ridiculous, but also morally scandalous,
as they pretended to rejoice at what they said was the Lord's
doing, and yet begged to be allowed ex gratia to record their
grief at the result of it. Consistently inconsistent Free Kirk
ministers divest themselves of all claim to respect, when,
after having declared Patronage to be an intolerable evil,
they madly run out of their way to bellow so loudly at its
removal.
APPENDIX.
The following are extracts of the documents " produced and
read " by Eev. Donald Mackay, in stating the pretented
reference from the Session of Cluny ; and founded on by the
Free Presbytery of Kincardine O'Neil, in their sentence of
suspension on 7th May, 1872 ; and also of my reasons of
protest and appeal to the General Assembly against that
sentence.
The following is the letter refused by the Presbytery for
which the civil action was raised.
No. 0.
Nether Sauchen,
30th December, 1871.
Dear Sir,
I enclose £1 to assist to pay the debt incurred by the
alterations on the church : changing the position of the pulpit, and
putting in a stove, which will be both beneficial to minister and
people. Both these works were mentioned in the intimation from
the pulpit, calling a congregational meeting. They were sanctioned
by the meeting after the amount of work to be done had been shewn
and the probable cost stated. Those who have carried out these
works were therefore competently authorised to do so, and to ask
subscriptions to pay them.
It appears that £10 or £12 of debt, double that authorised, have
been incurred for works not authorised by the meeting, or even
mentioned in the intimation of it from the pulpit. I do not know if
it would be fair to the congregation to call a meeting for a certain
work or purpose requiring a certain amount of money, if when the
meeting authorised that, the court should take it upon them unauthor-
ised and unknown to the congregation, to incur a double debt and
appropriate subscriptions promised to pay the sanctioned works, to
51
relieve themselves of the debt they had contracted on their own
authority.
The extra expenditure on the pulpit is right enough in itself. It
would be creditable to those who expended it, if having done it on
their own authority, they would pay it out of their own pockets, in
addition to the subscriptions they had propiised to the necessary
work competently authorised. A grand pulpit gotten in a mean way
would not be desirable, but if honourably gotten it would be an out-
set to the church and a pleasure to the congregation, poor and hardly
pushed as it is.
The sort of painting of the church seems to me to be wrong in every
sense. It reminds one of cheap shows at feeing markets and of
ritualistic tendencies in the High Church. Besides awakening
associations hurtful to the solemnity of a Free Church congregation
on Sabbath, it is objectionable as darkening the church. I hear that
Mr. Macdonald is to pay it in addition to the subscription he pro-
mised to the regular work.
If after seeing the effect of the painting on Sabbath, it should be
resolved to whitewash the church, I would be willing to assist. I
think it would be desirable now that we have begun on the church
to finish by procuring mats for the passages, I have been long anxious
for them, and you can appropriate the other £1 enclosed to aid that
purpose, if you approve and see that it can be done with propriety.
If you do not approve or do not see that it can be done, please give
the £1 as a donation to the congregational collection for the Sustenta-
tion Fund, and
I am.
Dear Sir,
Yours truly,
(Signed) John Muil.
Mr. John Edwards, Elder.
No. 1.
Nether Sauchen,
4th Janif^ary, 1872.
Dear Sir,
I have just seen Mr. James Milne, Kebbaty, relating to the
painting on the wall behind the pulpit.
5^
I beg to say that if it be made similar, or nearly so, to the rest of
the walls, I would not find fault with it or shew further dissatisfaction.
I beg further to say, I think if those who laid out the extra ex-
penditure on the pulpit do not pay it out of their own pockets in
addition to the subscriptions they had promised to the works
sanctioned by the congregational meeting, that the pulpit will not be
creditable to them, nor an honour to the congregation.
I am,
Dear Sir,
Yours truly,
(Signed) John Mull.
Mr. John Edwards, Elder.
No. 2.
Nether Sauchen,
15tJi Junuary, 1812.
It was stated in your Friday's issue that **a deputation of office-
bearers from Oluny appeared to request the Presbytery to take steps
for enabling them to give a call to the Probationer presently labouring
amongst them. The Presbytery resolved to do all in their power for
carrying out the wishes of the congregation."
An explanation is needed to show the status which the members
of the deputation hold in the congregation, and the capacity in which
they appeared at the Presbytery. About two years ago there was
unanimity in the congregation, but about that time, an elder was
bent on obtruding a case on the Session. The minister and two
elders thought they should take no cognizance of it. The other three
elders strongly held an opposite view. The case was carried to the
Presbytery, when it was decided in accordance with the minister's
view of it.
The three elders and the two deacons then resigned, and along
with their relatives and dependants left the congregation. Thus at
once the congregation was in a measure broken up. Though blame-
less, the amiable and devoted minister was deeply grieved, but
though so severely tried by these men aftd by the 'proc^dinrjs of Pres-
hyieryy his conduct was circumspect and conciliatory. He e.vinced
53
Christian fortitude and pious resignation, and continued as before to
take the greatest pains on the preparation of his sermons. Those
opposed to him acknowledging that his sermons when he left Oluny
were as fresh as the sermons he preached when he came to it.
The elder who was bent on obtruding the case on the Session has
not come back yet. The other two elders and the two deacons came
back when the minister demitted his charge.
The Moderator advised them to re-assume office without re-election
or induction. The two elders and one deacon have done so in defiance
of the " Practice of the Free Church." On seeing the notice in your
paper, I made enquiry and learned that two of the men* who had
re-assumed office had taken it upon them to appear at the Presbjrfcery
without being appointed by a congregational meeting. The con-
gregation was not only ignorant of what they were doing at the
Presbytery, but did not even know that they were at it. Neither
had there been any authentic expression of the wishes of the con-
gregation regarding the mission of the deputation.
It was suggested to the Presbytery at their meeting on the 19th
inst. , that they should discontinue the present Moderator of Session
and appoint another in his stead to be a safe guide.
The Moderator having neglected to call a meeting of the members
of the congregation to afford them a constitutional opportunity,
legitimately to express their minds and wishes relative to giving a
call to the Probationer labouring acceptably amongst them, and to
appoint a deputation of their number to represent them at the Pres-
bytery, he had no reliable data on which he could as it is usual for
the interim Moderator of Session (to do), to make report to the
Presbytery respecting the condition of the congregation, the amount
of their agreement as to the choice of a pastor, and their ripeness for
"calling one."
As the Moderator neglected to have a meeting, there could besides
be no appointment to the Presbytery by the congregation, consequently
the Moderator and the deputation were not in a position at the Pres-
bytery, either honourable to themselves or beneficial and creditable
to the congregation.
Such is the disposition of the other office-bearers, and the members,
as well as the state of the congregation, that could the Moderator
* R. Macdonald and A. Williamson.
54
and the three men who have been in office, and out of office, and into
office again, yet act with propriety and conduct the business, or allow
the other office-bearers to conduct it in accordance with the laws of
the church, consistently with the due exercise of the rights of the
members of the congregation, there is a fair prospect that the con-
gregation would be prosperous and also that the Free Church would
be extended, and the interests of true religion promoted in the
district.
(Signed) One Interested.
P.S. — I called at the office of the Free Press, to ask why this letter
(transmitted to the Free Press on the 15th inst., by one of its agents),
had not appeared in that paper. The Editors were out, and the
clerk did not know, neither did he know if a man from Cluny had
called on Wednesday at the office, in reference to suppression of the
letter.
(Intd.) J. M.
No. 3.
Nether Sauchen,-
27th Jan. 1872.
Sir,
I hear you are speaking reproachfully of me. Be it so. I
would not like to be of your stamp to get your praise.
However much you may think it your duty to despise me, I may
be allowed to say that I hope, now that you have entered on another
farming enterprise, that you will act more honourably than you did
in the Tombeg business.
Being such a business man now, any true reports of the impropriety
of conduct in the "Dominie," would be a disgrace to the congregation
of the Free Church, Cluny, in which he is such a great man.
I may mention that one of the three men who have re -assumed
office, a decent man, whom I like and respect, one of whom there
have been no reports, true or false, of disgraceful, indecent conduct
with servant girls, no hint that he had filled his office houses with
straw at a convenient time, and then set them on fire ; nor any
suspicion that he had had a bastard before he took office at all. I say
55
such a decent man lately told me that if it had not been for (spite at
Mr. ) Downie and Mrs. Mitchell, Mr. Mitchell might have been minis-
ter at Cluny yet. Trusting you will give a due share of your atten-
tion to these things as well as to abusing me,
I am, yours, &c.,
(Signed) John Muil.
P.S. — 29th Jan., 1872. — The deputation of office-bearers were
ignored in the intimation of the meeting for Wednesday. Great
men ! I think they made a great mistake.
(Intd.) J. M.
Mr. Fyffe, Free Church Schoolmaster, Cluny.
No. 4.
To THE President of the Late Congregational Meeting, Free
Church, Cluny.
You would not read the intimation calling the meeting, neither
did you what know what it had been called for. You were angry at
my letter on congregational matters, but the meeting proved that its
statements were true and relevant. You were set on holding me up
to the contempt of the congregation, and encouraging others to do it.
But you did not allow me due liberty of speech in self defence, and
said I had no right to speak, I was " at the bar." You should have
been impartial, and you should know that there is not such a place
as the bar of a congregational meeting. As you denied that Mon-
creiff s Practice of the Free Church was sanctioned, you could not
be a safe guide as an interim moderator.
One of the " Hungtae " office-bearers* made a speech telling how
much he had done for the congregation, and how well he had done
it. He said he regretted so much the state of our finances, but that
he would not say how much he had contributed to them. The
" Hungtae" office-bearers are not guilty of giving too much money
to the finances, nor too much time to the prayer meetings. The
Sabbath morning prayer meeting may cease to be for them. Would
he and the " other great guns" (as you say), "cease firing" at me,
R. Macdonald.
56
nd be duly aimed and adequately worked, they would " in no time "
blow to atoms or out of existence altogether every cause of regret
about the finances, and at once ease his mind. He is a great man,
and although some have cast off allegiance to him, woe be to the
official or day-labourer on Cluny that offends ! Even the late
minister and the late probationer felt the power of his influence when
adverse to them. He made me feel it too. As a sample of how much
he has to do, and how well he does it, he came here about 9 p.m.,
on one of the rainiest nights of this rainy season, and threatened me
with prosecution for telling truths I had a right and a call to tell.
He asked me where '* I got my information," I told him it was *' none
of his business.'* " If you think you have grounds, it is your duty
to raise an action against me." He said I wanted to ruin the con-
gregation. I told him it was a lie, and took his followers' witnesses,
adding, **I have enough of you," and left him. Some of the most
intelligent members of the congregation have left, and others speak
of leaving on his account.
It is known to some of the office-bearers that for months past there
has been a fama in relation to the seventh commandment about one
of the members. Surely it is your duty and the elders' duty to in-
vestigate the matter for your own sakes, as well as for his and the
congregation's sake. A conmiittee man* read a paper attacking me
anent the letter that displeased you and some others. I exposed
some of its fallacies at the time, and asked him, as it was an attack
on a public letter, to place it in my hands that I might be in a position
to reply to it on equal grounds. He vsdthholds it. He has appeared
as a culprit at the bar of a church court, and I am sure he would be
condemned at the bar of public opinion, if he would give the public
an opportunity of comparing his paper ■v\dth the letter that so excited
his indignation as to force him to read it. Perhaps he is dishonourable
enough to do a thing below board that he would shrink from doing
openly above it.
The teachert accused me of having said to him that I would give
a yearly sum additional to get the late minister away. His intention
seemed to be to damage my position. What I said to him was that
I would give the additional sum of money as a contribution to his
support when away, it being evident to me at the time that he would
* F. Christie, mason. f J. J. Fyfe— "Fyffie."
57
leave. It was only one who acted as he had done about Tombeg,
who could make such a statement. He distinguished himself by the
Tombeg farming speculation, shewing that he had a superabundance
of hrasSy but a sad lack of gold as well as of Christian principle and
gentlemanly propriety of conduct. Though he had " nae gain gear
but ae ewe and ae lamb," he took Tombeg, and bought several articles
upon it, but he could not enter it, nor pay one of the articles he had
bought.
Ye *'canna tak' breeks aff o' a Hielanman," so he got off with a
*'hale skin," on the belief that he was too lean or too poor to be
worth powder and shot, too insignificant to be prosecuted.
A Free Church teacher should be a man of spotless character, and
eminent for prudence, piety, and consistency, solely devoting his
time on school hours to do justice impartially to every scholar, and
he should, I think, be a regular Sabbath school teacher, being thus
qualified and thus deserving of confidence.
He was elected a member of committee, and thought he was in-
vested with such powers that he did what was unlawful and ridiculous.
He proposed a vote of confidence in the office-bearers. The " Hung-
tae anes " are unworthy of it. Having by writing under their hands
resigned their offices, they, along with their relatives and dependants
deserted the congregation. Coming back, they re-assumed office,
contrary to the laws of the church.
In their assumed capacity they have done things unwarrantably.
They, along with the teacher and one or two others,* in a meeting
of the Deacons' Court, usurped the right of the congregation, and
dismissed the late Probationer, leaving the pulpit for months with
no stated supply, one Sabbath empty. Having mutinied and seized
the helm of affairs, the congregation was wrecked, and the late
minister and the late probationer both thrown overboard.
Surely, men whose conduct has made them a laughing-stock in the
district, and who have brought discredit on the congregation, and
reproach on the Free Church, deserve something very different from
that of being included in a vote of confidence in the office-bearers.
(Signed) John Muil.
■* Mr. Macdonald's " doon-looking henchman " underling-, W. Gilchrist.
58
No. 5.
Nether Sauchen,
21st March, 1872.
Sir,
I understood when I got your letter of the 11th inst., that Mr.
Macdonald's case was closed, as related to the Session here, as it had
come to be " unanimously satisfied " that he was innocent. I cannot
see what was the difference of its finding on the 19th inst., unless it
be in the number of times you have sat on the case (being four), and
that there has been some further attempt at investigation.
I protested and appealed on the 19th inst. , and craved extracts for
the following reasons : — 1. That the Moderator and you have both
insulted me since I lodged the petition, in a way that convinces me
that you are not inclined to do justice in relation to me in Sessional
matters, or that you are incapable of doing it, inasmuch as you told
me (when asking a competent question), that I was *' below your
notice ; " and he ordered me "out at the door," when I stated that I
declined to answer a question about your children, which had not
been regularly brought before me. 2. That the finding or decision
of the Session is inconsistent with statements currently reported.
3. That it does not appear that the Session have taken evidence on
oath in relation to the/am«, or that every competent witness has even
been precognosced. 4. That considering these things there is room
for suspicion that there has been partial dealing. 5. That the way
in which the Session has gone about the fama, confirms some people
in the belief that they had not all a desire or ability to deal thoroughly
with the matter so as to carry the public along with them as to their
decision. — I am, &c..
Mr. Andrew Williamson, Elder.
(Signed) John Muil.
No. 6.
Sir,
Nether Sauchen,
21st March, 1872.
In relation to the question that the Moderator asked about
you having children before you were married, I declined to answer
59
it on the ground that no charge had been regularly brought against
me in writing, and put into my hand. No man is obliged to criminate
himself. I have been informed as to who can give some information
on the point on which you are so sensitive. The person is one who
knew you and all about you at Kinaldie.
Of course I heard all the reports about your profitable fire, for
which you were so well prepared at so convenient a season of the
year.
I heard some particulars also about a girl you had at the Guise,
who was not " below your notice," and also about the certificate you
gave her in writing, and how the truth of it was proved. I did not
hear reports of these in a way that was, I thought, calculated to raise
you any higher in my estimation. I state these things, as the
Moderator wished to know what I had said or heard about you.
I protested at the Session on the 19th inst. , against being asked
questions in such a way, and also protested against being cited to the
Presbytery without knowing what I was charged with. Of course I
could not be prepared with evidence. — I am, &c.,
(Signed) John Muil.
Mr. Andrew Williamson, Elder, Free Church, Cluny.
No. 7.
This note was sent to Mr. Williamson along with the pre-
ceding letter : — ■
You did a queer way with the Sacramental Cup on Sabbath, so
different from others, handing it round to the end of our seat instead
of handing it to my wife as you should have done, to follow the course
of the bread. If you try a trick to keep the extracts from me, I
have adequate support to bring the whole matter by petition before
the Presbytery.
No. 8.
Extract minute of Free Presbytery of Kincardine O'Neil.
Vestry of the Free Church, Cluny, 23rd July, 1856 ; which
day the Free Presbytery of Kincardine O'Neil
met and was constituted.
60
Inter alia.
The Presbytery also agree to recommend Mr. John Muil, Elder,
between whom and the minister the differences chiefly arose, to with •
draw in the meantime from the Session and congregation of the Free
Church, Cluny, and to connect himself with some other congregation
of the Free Church in the neighbourhood ; it being understood that
he retains his status as an elder of the Free Church, that it is com-
petent for him to hold and exercise the elder's office in any other
congregation of this church, on being duly called thereto, or even in
the congregation of Oluny, when these unhappy difTerences have
altogether disai)peared, and that he is entitled to receive a certificate
of church membership from the Session of Cluny when he shall call
for it.
No. 9.
Reasons for protest and appeal to the General Assembly
by Mr. John Muil, against a judgment of the Free Presby-
tery of Kincardine O'Neil, suspending him from church
membership, sine die.
I protest and appeal to the General Assembly against the decision
of the Presbytery at Torphins, on the 7th May, 1872, to excommuni-
cate me for the reasons, 1. That to do so in the circumstances was
oppressive and unwarrantable inasmuch as it appeared to me that
I had done nothing wrong, and therefore demanded a libel stating
definitely the charges against me, and who made them. 2. That I
am excommunicated for telling the truth, and for nothing else, and
by the minute of Presbytery can be re-admitted only by telling lies,
put out as an honest man, would be taken back as a liar. 3. That
the Presbytery took no evidence, and would not allow any, though
induced by the Moderator and Clerk to cite witnesses to prove the
statements in my letters brought against me as untrue ; and to prove
the falsehood of the charges brought against me, the Presbytery
withheld a copy of the charges brought against me, and would not
examine one of the nme gentlemen who had come forward to state
the truth in the whole matter. I had demanded a copy of the charges
when read to the Presbytery, and also from the clerk at his own
61
house, in vain. The Presbytery thus acting in a way unjust to me,
and galling and disgusting to these gentlemen. 4. That if a Kirk
Session composed of men, some of them assuming office without
re-election or induction, after having to the knowledge of the Pres-
bytery resigned by writing and formally, can bring a professed re-
ference before the Presbytery though untrue and partly forged, and
get one who had told the truth about them, excommunicated instanter
without evidence of guilt, there would be no security to members of
the church against summary excommunication. 5. That the Presby-
tery allowed Mr. Mackay, in stating his professed reference, to say
things which appeared to me so out of his way and so unwarrantable
that I felt called upon to state to the Presbytery that it would not
surprise me though he should say that the sun had not risen, and
that I had prevented it. 6. That the Clerk of Presbytery having
unjustly withheld the ' documents from me, as founded on by the
Presbytery in excommunicating me, I cannot reply fully or give
reasons to meet every charge the Presbytery may have considered in
their decision against me. 7. That the proceedings of the Presby-
tery were rash, reckless, and of the nature of lynch -law, in a matter
of supreme importance to me. They did not so much as engage in
prayer, nor give me time for deliberation.
(Signed) John Muil.
P.S. — I could not reply sooner, as I only got some of the extracts
yesterday, and have not got all the papers yet.
(Intd.) J. M.
I protested and appealed against the decision of the Presbytery (1)
in not expressing disapprobation of Mr. Mackay and Mr. Williamson's
conduct as set forth in the petition, for the reason that it was unwor-
thy of one individual to act to another in the way besides of a minis-
ter and a professed elder (?) I protested and appealed against the
decision of the Presbytery in reference to the removing of Mr. William-
son from office, for the reason, that he had resigned, and acted in a
way to break up the congregation, and then resumed office without
being lawfully called to it.
I protested and appealed against the decision of the Presbytery in
not removing from office Mr. Edward, elder, and Mr. P. Macdonald,
deacon, because they held office unlawfully, and because the Presby-
tery declined to investigate the fama about Mr. Macdonald, as it
62
should be, for his owai sake, for the congregation's sake, and for the
church's sake.
(Signed) John Muil.
No. 10.
The following is a copy of Mr. Mackay's pretended reference, ** That
Mr. John Muil has of late circulated caluminous and injurious charges
respecting your petitioner in a letter or letters written to his neigh-
bours ; also, that he has of late drawn up, printed, and circulated
letters in Cluny, signed by him, in which he brings unfounded and
caluminous charges against the office-bearers, the teacher of the Con-
gregational School, and others, not only fitted to wound their feel-
ings ; but to damage their characters and to destroy their influence
and usefulness in the congregation and neighbourhood, further, that
he has pursued for some time past a course of conduct most hurtful
to the interests of the congregation and to the cause of Christ in the
district ; so much so that it is quite impossible for the office-bearers
to discharge their duties with comfort to themselves, or benefit to
others, unless a decided check be given to such conduct ; and, finally,
that from the contempt Mr. J. Muil has shewn for them, and his un-
willingness to obey them as having the rule over him in the Lord,
they see no remedy but in having him cut off from the membership
of this congregation. Donald Mackay, Moderator, p.t., and Clerk,
P.t.
No. 11.
Deliverance of the Presbytery.
Mr. Murray moved — The Presbytery having considered the re-
ference, along with the letters and documents on which it is founded,
are of opinion that said letters and documents are of a nature calcu-
lated to damage the characters of the office-bearers and other mem-
bers of the congregation of Cluny, to disturb the harmony of the
congregation there, and otherwise to prove highly injurious to the
interests of religion in that district. The Presbytery therefore sus-
pend Mr. Muil sine die from church membership, and instruct the
session of Cluny not to restore Mr. Muil to the fellowship of the
63
Church until he shall have expressed his regret for the conduct com-
plained of, and shall have otherwise satisfied them as to his genuine
repentance.
This motion was seconded by Mr. Wm. Smith, and was
supported by Messrs. Mackay and Siddie, and declared car-
ried.
No. 12.
A Free Kirk principal said I should illustrate my pamphlet with
" pictures " — I was inclined to do so — I collected some photographs,
intending to place Mr. R. Macdonald and Barbara Ellis on the first
page, and then in their order, the principals and ministers as leaders
(in the Free Kirk they do things by leaders and not always by law)
in the Session, the Presbytery, the Synod, and the General Assem-
bly ; Eev.'s D. Mackay, T. Murray, Principal Lumsden, and Dr.
Rainy.
I composed some verses describing the parts of the various actors
in the shameful farce, but was disuaded from publishing them on the
ground that it is not lawful to call a man a thief though imprisoned
for stealing.
I also composed a tune, with organ accompaniment (like Sankey),
to give the verses the benefit of vocal and instrumental music. Some
people doubt the propriety of using organs in divine worship. Every
one would think them right in a Jesuitical farce acted by the elite —
the highest f the ablest, and the holiest (ministers) in the Free Church,
to expel me for well-doing just as they are going to knock down (if
able) the Church of Scotland, now too unblemished for them, hop-
ing Mr. Yule, (who has failed to do what he was brought to Aberdeen
to do), says, to get from its ruins some " of the better sort " of its
members. Of course, men as consequential and spotless as himself,
Mr. R. Macdonald, Rev. Messrs. D. Mackay, T. Murray, et hoc genus
omne. If 1 have learnt truth by experience, an ' ' honest man, the
noblest work of God," would so excite holy indignation in Free Kirk
leaders and their followers, that they would agree in every court
without a cheep to burke him under pretence of doing God service.
Since my manuscript went to the press, a gentleman put a letter
to him from Mr. Macdonald into my hand, telling him that he was
64
now cleared of the fama by letters from Barbara Ellis and her father,
Helen Brown, and James Bremner. He gave the gentleman these
letters to show me. I told him he had no right to interfere. I
meant to vindicate myself, and if Mr. Macdonald thought himself
aggrieved, he could publish the servants' letters, and apply to the
civil court.
The writers of the letters had spoken of Mr. Macdonald most in-
juriously, and I think he should have prosecuted them, and not have
taken certificates from them in a strain soinewliat at variance with
what they had openly said. Of course, he knows that letters are no
evidence, when the writers are available for examination.
The Principal would not give permission to engrave his photograph.
He declining, I did not apply to another.
So, " The Free Church of Scotland violating its Constitu-
tion " will lack the aid of poetry, painting and music, and
must set out on its mission, supported by facts alone.
The Free Presbytery of Aberdeen, of which Principal
Lumsden has been Cock, since Dr. Adam left, who kept him
in trim about the Gallowgate Mission, and otherwise, being
provoked at the abolition of Patronage, have, in spite of a
minority in it holding Disruption principles, and stating them
as it did in the Unioh business — ^been venting their spleen
at theChurch of Scotland, and befooling themselves by fight-
ing against Free Church principles, as they did in the Mutual
Eligibility Scheme, till the petitions stopped them.
The Principal is not over scrupulous. In his youth, he
abused Voluntaryism, and favoured Establishments. In his
old age, he abases the Establishment, and sides with Volun-
taryism. Reminded of this anomily (like Dr. Macleod about
the fourth commandment; " here explainin', there revokin"'),
he is attempting to convince the public, it seems, that what
he said, was not what he said. As one of the ringleaders in
the abortive Union business, and Mutual Eligibility Scheme,
he said, if not gainsaid, much to the annoyance and discredit
of the Church. He is reusable, and as he is not squeamish,
he says things at one time which can be cast effectively in
his teeth wlien roused the opposite way.
65
By this, and the way he wrote of Voluntaryism, taken in
connection with his conduct in the Union committee, " an
imperium in imperio," and his vain-giorious inconsistent
speeches on Dis-establishment, he reminds me of Jeremiah
iii. 3.
Mr. Yule said, in the Free Presbytery of Aberdeen, that
the Church of Scotland has had its "innings," and other
Churches will have theirs." He said, also, " were there Free
Church ministers and elders in it, a party there could not
snap his fingers at discipline, creed, and doctrine."
Were it not that "the greatest thief cries first fy," he
must have held his tongue about " discipline," as the villiany
of the Free Kirk " discipline," alias burking, in my case
could not, if equalled, be exceeded in any church. Mr. Yule,
I hear, failed in his 'special sphere, his mission. His bre-
thren's labours too, being abortive, he made great debate to
get Messrs. Moody and Sankey, so much superior to them
for consistency, devotedness, and success, to Aberdeen.
Some doubt the propriety of Mr. Sankey's organ and his
hymns ; no one speaks against Mr. Moody's declaration that
" it is hard work to fight with Satan, but it is harder work to
fight with ministers." " Resist the Devil and he will flee
from you," not so, I fear. Free Kirk ministers doing the
devil's work, sticking up for one another, and fighting for
license to lynch-law, and burke as "the mind of Christ."
Though not one of the ablest Free Kirk ministers, Mr.
Yule is bustling and forward — perhaps impudent — and pre-
tends to be a "discipline " man, might he not, then, find
out two men as much superior to Free Kirk ministers at
" discipline " as Mersrs. Moody and Sankey at preaching and
singing the Gospel ?
If he did, as I have had my " innings " at " discipline,"
the three deep " hielan' men," Macdonald, MacKay, and
Murray might then get their " innings " at " discipline " by
being suspended sine die.
The writers of Mr. Macdonald's fama certificates might
then be examined on oath as to what they knew of the fama,
and had said of him before they wrote ; and whether they
ee
were paid for writing the certificates, and if so, how much,
and by whom.
It might be ascertained if Mr. Mackay's three " pretended
references of one date from one session book, were viUianous
forgeries, made up of only falsehoods ; and if he was an im-
poster in signing them clerk, p.t. And inquiry might be made
if Mr. Murray, in homologating Mr. Mackay's ^^ reference "
knew that it had nothing in it but falsehoods, while he made
it a pretence for " suspending " me " as he was determined
to put me out of the Church," thus making himself a scan-
dal to religion, and a disgrace to civilisation, by burking a
British subject.
" And grateful ' hielan' Tommy Murray,
To pay ' Mac. ' for a favour.
Might aid Mackay to throw Muil out
Wi' hypocrite palaver."
To the Editor of the Aberdeen Journal. ^
Sir,
In last week's Journal you gave a report of a Disestablishment
meeting held at Banchory, on the Monday week previous. The chair-
man is reported as having said what is injurious to me. I trust you
will, therefore, allow me a smaU space in your widely circulated jour-
nal to-morrow, to reply to Mr. Reid's statement — "That when Mr.
Muil asked connection with the U.P. body, they asked him for a
character from his former Church. The Established Church did no
such thing, but took him in, and at once baptised his two children."
This statment, made so confidently, is a groundless, barefaced lie from
beginning to end — a pure falsehood, tending, if unchallenged, to dam-
age me and the Church of Scotland. Its nature being made known,
it can only damage himself, his " connection," and his cause.
The Pope claims infallibility, and Free Kirk ministers something simi-
lar — *' Spiritul Independence," — to "discipline " men as they like, for
truth. They would give such men " characters " if they become liars
and hypocrites, but if they hold the truth as martyrs, they get no
* * characters." I need no " character " from the Free Church, I mean
to give it one. I never was accused of anything as a Churchman. Mr.
Mackay, in a forged reference, made false charges that I had ca-
lumniated three errant office-bearers, and F. Christie, and J. J. Fyff'e,
and Lachlan Mackinnon threatened me with prosecution. It was a
67
matter for the civil court. Mr. Mackay never even attempted to
prove these charges. I was willing to substantiate what I had said.
I was not allowed, but was "gagged and burked," yet as innocent as
Daniel. Though I needed no *' character " from the Free Church, I
needed extracts of the documents on which the Presbytery pretended
to ground its sentence of suspension. These I have in full. Mr. Reid
disobeyed the Presbytery, and did not furnish these in 1872, and the
Presbytery disobeyed the Assembly of 1873, and kept back a part of
them, yet Mr. Mackay, with apology, furnished what the Presbytery
culpably refused.
I would not have sought admission into any Church until I could
show it and the public legally the grounds on which I had been
suspended, in virtue of "Spiritual independence," to carry out the
"mind of Christ."
Few elders, oftenest none, attend meetings of the Presbytery.
Ministers are not so anxious for their presence to hamper them, as
they are for more stipend and " independence." At Presbytery
meetings, Mr. Reid is rather a great man, after a sort. I told him
I thought him " the Presbytery." He stamps his " character" on it.
For some time I have treated him much as Mordecai did Haman, and
now he scorns to destroy me alone, and must have the whole Church
of Scotland knocked down with me. Your report makes him appear
as somewhat of the "riff-raff" stamp. Were he sound and sane,
would he, when he had no chance to escape unscathed, tell what he
knew to be untrue, with the view of throwing odium on me, and
through me, on the Church of Scotland. By his mis-statement he
manifests much folly, and not a little animus, and if he makes no
reparation for his injustice to me and the Church of Scotland, he will
make a rent in his own "character," instead of, as he intended,
knocking down the Church of Scotland.
I am, yours truly, JOHN MUIL.
Nether Sauchen, February 2nd, 1875.
The impression that I should make application to this
year's Assembly is deepening. Having some experience of
Free Kirk leaders, I know I need not, unless I can " level
it so," shew that it will touch their *• pockets." I do not
know if they are all men of common sense and piety (1) they
are all ^' money " and " more money " (men). It is said by
Free Kirk ministers that the abolition of patronage is a com-
pliment to them and a proof that the disruption was right.
Perhaps they would take it as a compliment if the Church of
Scotland would " agitate " to shew Free Church members
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that they should not pay to the Sustentation Fund of a con-
gregation of which the minister has shewn himself, as in my
case, to be no better than a popish priest ; and in addition to
injustice to me, makes an undue noise about taking away
other ministers' stipends. He would thus have an experi-
mental acquaintance with the powers of members, and might
be led to consider that he may be left to " bark at the Church
of Scotland wi' a teem wame." As I was suspended only to
give me an opportunity of learning " my duty" of " genuine "
repentance for well-doing. A few congregations fully in-
formed of the real nature of my case, and the Free Kirks'
" Spiritual independence," might keep their " filthy lucre "
for a time till they saw if ministers would give me " a trial."
If they did not, they might let them see their minds ; and
other congregations might then be duly informed of parti-
culars, with a view to enable them to express their mind of
the way ministers shew " the mind of Christ." Just now it
might be advisable to lecture in one or two congregations.
In the mutual eligibility overtures, petitions took effect,
and they would do so again. To get them would be much
labour. One or two congregations might keep the collections
as a " sample," this would be no trouble, and would tell
better.
In 1873, Dr. Kainy said, anent the petitions, that High-
landers did not know voluntaries. Some ministers said others
who signed them were such asses that they did not know
what they did ; keeping a " grip o' the siller," they would
understand and feel.
The whole church, until vindicated, is implicated, as the
Jews in Achan's sin, in the injustice done me. It is a dis-
honour to the church's head and an insult to its members.
Though every minister were put out of a year's stipend,
he would not suffer so much, financially, as I have done.