The Sun.
London, England, 1841-12-08 00:00:00

" By order of the Kirk Session of Barry.

"I, James Buik, Session Officer, hereby summon you,
George Key, resident at Grange of Barry, to attend a
meeting of the said Session, to be held in Barry School-
house, on the evening of Monday, the sth day of July,
1841, at seven o'clock evening. Witness my hand this
3d day of July, 1841,
(Signed) "JAMES BULK, Session Officer.

" To George Key, Grange of Barry."
It will be observed that this summons does not charge
the petitioner with any offence, and the Kirk Session of
Barry has never yet brought any charge against him.
In consequence of the written summons before quoted,
the petitioner went with Mr. James Wighton, a friend
of his master, to the Kirk Session, to ascertain what the
Session had to charge the petitioner with ; but the
clergyman declined to give any information to the peti-
tioner in Mr. Wighton's presence ; and, after some irre-
gular proceedings on the part of Mr. Lumsden, the peti-
tioner returned home.

On Thursday the Bth day of July last, being the Sa-
cramental Fast-day, the petitioner went, along with the
other members of the congregation, to get tokens for
himself and his wife for the communion table, but he was
refused them. He again applied for them on the evening
of the following Saturday (10th July, 1841), both to one
of the Elders (William Ewen), and also to Mr. Lumsden,
but he was then "peremptorily and distinctly" refused
them.

The petitioner having, by these harsh and irregular
proceedings been cast out of the Established Church of
Scotland, and held up and stigmatised to the world as a
criminal, and the . sacred feelings of his wife and only
surviving child having been injured, and that, too, with-
out specifying any charge against the petitioner, he will
be driven , to seek religious instruction for himself and
family under some other Church, unless the Rev. Presby-
tery interfere, and interpose their authority to relieve
and protect him from the oppressive and tyrannical pro-
ceedings of the Kirk Session of Barry.
The petitioner has the greatest reverence for the
Church of Scotland, in the principles of which he was
educated, brought up, and has all along lived, and under
whose religious instruction it is his most anxious desire
to continue and educate his only surviving child.
May it therefore please the Reverend Presbytery to
tike the petitioner's case into their consideration
to find that the said Kirk Session of Barry acted
wrongfully in excluding the petitioner from the Sacra-
ment ; to ordain the Kirk Session to expunge from
its records the proceedings against the petitioner ;
to restore him to his privileges in the Church, and
to do otherwise in the premises as to the Presbytery
shall seem just.
According to justice, &c.
(Signed)
_ _

GEORGE KEY.

No report has been preserved of the highly characte-
ristic preceedings which followed on the presentation of
this petition ; but the res geske will be easily enough
gathered from the annexed. •
The Presbytery met in the Guildhall on Wednesday
last, and was constituted by prayer by the Rev. Mr.
Walker, the Moderator. Mr. Anderson, writer, appeared
for the petitioner.
After reading the minutes of the previous sederunt,
Mr. Wilson, of Carmylie, stated that it was the universal
practice of the Church tv proceed with closed doors in
all cases of -discipline ; and therefore moved that the
Presbytery should follow the same course in the pre-
sent case.

Mr. Muir, of
St.Vigean'!—This is no case of disci-
pline at all. It is a. complaint of oppression against the
harsh and tyrannical proceedings
that,
of the Kirk Session of
Barry. It is quite
true t, in cases of discipline, the
Presbytery universally and wisely
diffwisely proceed with closed
doors ; but this is quite a
adulte
,Tent matter. This is not
a case of fornication or
of such a nature that it would 7, where the evidence is
in open Court. Here there is n e improper. to adduce it
taint the minds of the most delicate impure that could
was a case of the greatest and :ate or fastidious. It
public. The Presbytery had alreostd vital interest to the
Com-
mittee, the labours of which, he considered appointed a
probality, produce numerous cases ositred would, in all
many cases similar to the present might tlpline : and, as
essentially the duty and interest of every arise, it was
man to •
tain clearly the mind of the Presbytery on ascer-
the subject.—
(Loud approbation from the audience.)
Mr. Wilson, Carmylie, considered the sounds the .1)
bytery had just heard were of themselves very s ' res'
reasons for their excluding the public from their delibera-
tions,tiffients
on account of their improper behaviour. Ile wa
, sur-
prised to hear it stated that this was no case of disci_
Aline ; and craved the decision of the Court on the mo-
tion which he had submitted. •
Mr. Muir moved that the Presbytery should proceed
with this case in the ordinary way.
Mr. Kirk; of Arbirlot, agreed with Mr. Muir that this
was not an ordinary case of discipline. He thought it
should not be conducted with closed doors.

On the motion being seconded,
Mr. Anderson said his client had no wish for con-
cealment. It should, therefore, be distinctly understood,
i
that if there was any desire to shun publicity, t was not
on his part, but rested solely with the Presbytery.
The roll was then called, and the state of the vote
was found to be as follows :—Fur Mr. Muir's motion
(that the public should not be excluded), 3 ; for Mr.
Wilson's motion (that the doors should be closed), 9.
On the roll being called, and Mr. Lumsden's vote
being tendered, Mr. Anderson objected to his sitting as
a Judge in a case in which he was a witness, and had a
personal interest, and protested against his vote being
recorded.

" You can't be heard ! you can't be heard !" exclaimed
several members of the Presbytery simultaneously.
• Mr. W. Wilson's motion was thus carried by a ma-
jority of 6, and the Moderator intimated to the audience
the Presbytery's resolution to proceed with closed doors,
and desired them to 'withdraw. Two or three gentle-
men immediately rose and retired, but the rest of the
spectators quietly kept their seats. A very embarrassing
pause now occurred, in the course of which the leading
members of Presbytery exchanged looks of surprise and
astonishment, and anxiously whispered together. At
last silence was broke by
Mr. Dynaock, of Carnoustie, who, addressing not the
Moderator but the spectators, asked, "Does the audience
understand that the Moderator has intimated that the
Court has determined to proceed with closed doors in
this ease, and that it is therefore necessary for them to
• Tre.trr In case they .do not, the Moderator w ill again
intiiate the resolution of the Presbytery.
The Moderator accordingly made a second time inti-
mation ; and, as he observed, there were several persons
present who had not the good sense and discretion to
withdraw of their own accord, in terms of the Presby-
tery's resolution, he assured them they were only causing
a vexatious delay, and iropeding the proceedings in the case.

The Moderator was heard with respectful attention,
but no one offered to retire. Indeed, instead of diminish-
ing, the audience was increasing in numbers. The si-
lence that now ensued was only brotten by the gentlemen
who seem to take the entire charge of the Presbytery's
business--Messrs. W. Wilson (Carmylie), Lumsden,
and Dymock. The import of their, remarks did not
reach the ears of the "audience ; but some of them, it
would appear, had been caught by Mr. Muir, who enli-
vened the scene by exclaiming, "Moderator, they say I
court popularity. Now it is well known that there never
was a man that courted popularity less than I do. I
stand up, Sir, simply for reason and justice, and I do so
almost alone." A burst of applause from the audience
followed.
After alittle farther whispering,
• Mr. W. Wilson moved that the Presbytery adjourn to
Seaton's Hotel, and summon parties aped acta.
Mr. Lumsden—l second the motion.
Nothing further was done for a considerable time.
The trio already mentioned were, as usual, anxiously
whispering together. The rest of the members of the
Court were warming themselves, and even Mr. Muir,
who seldom leaves his seat at the Presbytery's table,
drew in his chair towards the fire. At last, Mr. Lums-
den again tried his influence, and intimated that there
could be no manner of .doubt the Presbytery might re-
more parties by physical force, and afterwards prose-
cute them for their illegal conduct in impeding the pro-
ceedings of a Church Court. This, like the rest of the
remarks that fell. from the same quarter, was received

by the audience with the greatest equanimity ; and the
Rev. Gentleman resumed his seat.

Shortly, after, however, he again rose, and said that
he had already intimated that the parties present had
rendered themselves liable to civil penalties. He had
now to warn them that they were also subjecting them-
selves to ecclesiastical censures, and the various Kirk
Sessions to which they belonged would be enjoined to
deal with them for their conduct. This awful threat
seemed to create a " profound sensation" among the
members of Court themselves, but it only elicited a gene-
ral titter from the imperturbable audience. In a short
while,

Mr. Wilson of Carmylie (who had been absent for a
considerable time) returned and announced to the Pres-
bytery, that he had seen the Provost and one of his
legal advisers, on the subject of their present position ;
and that they had directed that tke Presbytery should
make a formal application in writing, instead of merely a
verbal communication. lie had, therefore, prepared a
short petition, which he moved should be adopted by the
Presbytery, and presented to the Provost.
The Moderator inquired if the petition had been
agreed to ?
Mr. Muir turned round from the fire, and said that

it was really necessary that their proceedings should be
consistent. It had been agreed to nem. con., not many
minutes ago, that the Presbytery should adjourn to
Seaton's Hotel, and now they were about to adopt a
very different course. He would like to know what
the minutes of the meeting bore on the subject.

Messrs. Lumsden and —Wilson—No motion was ever
made or seconded that the Presbytery should adjourn.
Mr. Muir—l care not for that. It was proposed and
agreed to, and, as I believe, minuted.
Th.) Moderator—l never put any such motion from
the chair.

Mr. Muir—Moderator, all I want to know is what our
clerk has taken down in the minutes?

Mr. Lumsden—The clerk may take down anything he
likes. That does not signify.
Mr. Muir—l want to know what he has taken down.
Mr. Lumsden—There are then two motions before the
Court—

Mr. Muir (interrupting)—l make no motion on the
subject. There is no necessity that I should do so. As
a member of the Court I am surely entitled to know what
has been minuted by the clerk. What ! Is the Presby-
tery- ashamed of what has been done, and afraid to let it
be known ?

Mr. Dymock (to the Clerk)—You had better read it.
The Clerk then began to read from the minutes, in a
low tone of voice, when Mr. Muir called upon him to
speak out, as he (Mr. Muir) was a little deaf. He ulti-
mately read as follows:—" The Presbytery, in conse-
quence of the audience, after having been repeatedly re-
quested to withdraw, refusing to do so, resolve to ad-
journ to Seaton's Hotel, and summon parties apud acta."
He then explained thatit was a common thing for him to
minute the terms of a motion while it was under discus-
sion, and that it might be afterwards altered or expunged
in any way the Presbytery might think fit.
Mr. Wilson (Carmylie), moved that the part of the
minutes now read by the Clerk should be expunged.
Mr. Lumsden—l second that motion.

Mr. Kirk considered Mr. Muir perfectly entitled to in-
sin on the minutes being read, but there could be no
doubt they might be altered in any way the Presbytery
pleased, before they► closed the sederunt.
Moderator—ls it the Presbytery's pleasure that this
part of the minutes be expunged?
Mr. Luniiaen—Put it out.

The Moderator addressed a note to the Provost re-
questing him to order the civil power to clear the ball.
After a short interval, Provost Mann, Bailios Lyon and
Jolly, Mr.Macdonald,Depute Town Clerk, and Mr. Ritchie,
Procurator Fiscal, entered the room amidst the plaudits
of the audience, who rose in a body as a mark of respect
to the Chief Magistrate.
Provost Mann, addressing them, said, Gentlemen, a com-
plaint has been made to me of your having interfered with
the proceedings of the Presbytery. They have resolved to
proceed with closed doors in a case now before them, and
you have refused to withdraw and leave them by them-
selves. I think it is to be regretted that they should have
adopted such a resolution. I disapprove of their pro-
ceedings as much as you can do—(l-Iear, hear)—but still
it appears to me that it would be much more dignified
on your part to withdraw of your own accord, and allow
them to proceed in their own way. lam not inclined to
adopt any proceedings officially to get the Court cleared,
and as I have recommended you all to retire voluntarily, I
trust nothing farther will be necessary on my part.—
(Loud applause.)
Mr. Wilson (Carmylie) trusted they would now be
enabled to proceed to business. It would be perfectly
useless for the audience to attempt to remain longer.
He was determined they should not be gratified by being
allowed to be present and hear the proceedings in the
case ; and he would not submit longer to the treatment
the Court had to-day experienced.—(Hisses, followed by
the audience resuming their seats.)
Provost Mann—" Fie, fie, gentlemen ! Hissing is an
unseemly practice at any time, and more especially so in
a Church Court."

The Moderator hoped the gentlemen present would
now have the good sense to retire, without making any
farther attempts to impede the business proceeding. He
had stated, and now repeated, his own opinion, that the
Court should not have been closed ; but after the Pres-
bytery had deliberately resolved to do so, there was no
alternative for the spectators but to retire.
Mr. Muir—Gentlemen, as the Provost has requested
you to withdraw, although he disapproves of the discre-
ditable conduct of the Presbytery (in which I think every
man of character and conscience must agree with him) I
hope you will now obey his solicitation and leave the hall.
Loud applause followed Mr. Muir's speech, and the
official gentlemen, and the greater part of the audience,
withdrew immediately after. Several, however, still
seemed disinclined to retire, and kept their seats: where.
upon Mr. Weir—who had been gnawing the top of his
walking cane for a considerable time, with no great relish
apparently—exclaiming " This will never do," bounced
out of the room in a very considerable pucker, overtook
the Provost at the head of the stair, and-, bringing him
back, said, " You must really clear the Court, Provost."
The Provost advanced to the Presbytery table, when
after some further angry discussion they resolved to ad-
journ to the Hall.
The Moderator then summoned the petitioner to follow
the Presbytery, and closed the meeting with prayer.
Immediately after leaving the Guild Hall, the
Presbytery walked up to Seaton's Hotel, where a room
had been engaged for them. Due care having been
taken that no intruders had obtained admission, the ad-
journed meeting was constituted by prayer by the Mode-
rator ; and the minutes of the previous sederunt having
been read, parties were then called ;
The Presbytery's resolution to proceed with closed
doors was then communicated, against which Mr. J. A.
Anderson, for the petitioner, protested, and appealed to
the ensuing meeting of the Synod of Angus and Mearns.
Thus ended the scene.