The Sun.
London, England, 1839-12-23 00:00:00

EDINBURGH.

COURT OF SESSION.-FIRST DIVISION.
INTERDICT OF THE COMMISSION OF ASSEMBLY.-

THURSDAY.

Lord 'Murray, Ordinary on the Bills, reported a Note
of Suspension and Interdict which had been presented
to his Lordship on Wednesday, at the instance of the
Rev. John Cruickshank and others, being seven and a
majority of the Presbytery of Strathbogie, against the
Rev. David Dower, the Moderator, and the Rev.
Messrs. J. Robertson, W. Duff, and 11. Leith, being
the remnant members and minority of that Presbytery ;
and also against the Rev. Messrs. Simpson, A. L. Gor-
don, Murray of Aberdeen, Messrs. Mackay at Raiford,
Shanks of Buckie, Clark of Inverness, Spence in Glass,
and Grant of Forres, being the parties specially directed
the resolution of the Commission to carry them into
execution. The object of this note of suspension was
to obtain an interdict against the execution of the sen-
tence pronounced by the Commission of the General
Assembly, at its adjourned meeting on the 11 th inst.
suspending the majority of the Presbytery from the ex-
ercise of their clerical functions, ministerial and judicial.
The Judges present were—the Lord President, Lord
Gillies, Lord Mackenzie, and Lord Fullerton.

The Learned Counsel then stated the particulars of
the case, which we have already published, and craved
an interdict (injunction) against carrying the resolution
of the Commission into effect.

After some conversation between the Judges and
Counsel,

The Court postponed their judgment till next day
The Court was completely crowded during the pro•
co.edingz.

FRIDAY.

When the Court met again this day, the same intense
interest was manifested as the previous day, by an im-
mense crowd of spectators. _

The LORD PRESIDENT said the Court was prepared to
grant the interdict in some respects. But something was
prayed for which, as it was worded, appeared to be too
broad. He referred to that part of the prayer in
which it craved, that the parties complained
against should be interdicted from taking any
steps in " the parish." The Commission of As-
sembly had directed their sentence to be intimated
in " the parish." The Court was not entitled to grant
an interdict against preaching in " the parish ;" but he
supposed the parish church was meant by the Commis-
sion ; and the Court was prepared to grant an inter-
dict against using the parish church, the churchyard,
the school-room, and the church bell ; which he be-
lieved would sufficiently answer the purpose.
Mr. D. M'NEILL, for the applicants, proposed that
some words should be introduced into the prayer of
the Note, so as to meet the views of the Court. In-
stead of praying the Court to prohibit the parties com-
plained against " from preaching in the respective pa-
rishes," he proposed to read " from preaching in the
church, churchyard, schoolroom, and from using the
bells in the respective parishes."
Lord GILLIES suggested, that the correction should
run thus—" from preaching or from intruding into the
c 1 urch, churchyard, school-room, and from using the

The LORD PRESIDENT said, the parties complained
of might intimate the sentence in any way they pleased,
except in the church, churchyard, or school-room.
They could intimate it at the Cross of the burgh, it
tt:ey chose ; the Court could not help that.
Lord MACKENZIE said, the parties were to do none
of the things complained against by the use of the
church, churchyard, school-room, or bell; and, quoad
ultra, the Court reserved consideration of the other
parts of the interdict till it came to be heard.
The LORD PRESIDENT then directed the Clerk of
Court to make an order for answering, within fourteen
days or sooner if the parties thought fit, and the Court
pronounced the interlocutor prohibiting the service and
intimation of the sentence and deliverance complained
of by the several parties complained against, or any of
them, and interdict and prohibit all and each of them
from preaching in or intruding into the churches, or
churchyards, or school-houses, in the respective parishes
of the complainers, and from serving or intimating the
said 4entonce and deliverance to any of the complainers,
4tdrfaem intimating and promulgating the same in any
of the;.said- parish, churches, churchyards, or school-
houses, and from using the church bells in any of the
said parishes; and interdict and prohibit all Presbytery
and Session officers, or others, from serving or intimating
the said resolutions and delkerance to the complainers,
or any of them, and from intimating and promulgating
the same in the churches, or churchyards, or school-
13ouses in the parishes of the complainers, as aforesaid ;
and from using the church bells, as aforesaid.