Perth And Stirling Provin...
The Times, 1824-04-28T00:00:00

[Froin the Gke~eo Chronicle.] On Tuesday the Provincial Synod of Perth and Stirling-mer at Stirling, and after sermon the Rev. C. Greig, of St. Ninians, was chosen Moderator. After some routine business, it was unanimously agreed that an overture be transmitted to the General Assembly, in behalf of the members of the church of Scetland resident in the WVest Indies, during thc arrangements to be made by his Mfajesty's Government for an extended system of reliioas instruction, &., in those coun- tries. Jt was al'so unanimous'y agreed to that a memorial, having the same objects in view, be presented to Lord Bathurst. * The case of the Rev. William h'Gregor Stirling, of Port, then camne under the consideration of the Court. This war nn appeal from a sentence of the Presbytery of Dainblane, deposing him from the office of the holy ministry. The whole minutes, with the ue- morials in the cause, were read. They were of great length, and occupied about an hour. Thev consisted of M51r. Stirling's first let- ter, the deliverance of the Preibytery upon that letter; the various appearances of the different parties at the subsequent meetings of Presbytery; the grounds of protest, and the answers of the Presby- tery to these grounds. E. D. SANDFORD, Esq., advocate, was then heard on the part of Mlr. Stirling. He stated that the father of MIr. Stirling was tne mi- nister of the parish of Port, and in it he was born. He was educat- ed for the ministry, and was ordained in 1799 assistant anid succes- sorto his father, whonm he accordingly succeeded in 1801. Soon af- terwards he was married to a ladly, wose virtues and accomplish- ments are remembered with delight by ill who knew her. Whilst thus in possession of every doifestic felicity, his happiness was but short. It pleasedl God to deprive him of the objectof his affections. In three short years she was laid in the grave. f-low was he to describe the state of the mourner ? He referred to the effects produced on AMr. Stirling's mind by his domestic calamities, andstated, that hap- pily, by the judicious treatment of friends, his melancholy was overcome, ana he was again restored to the performance of hissacred duties. Having gone at length b4to the afflictions endured by 1'Jr. Stirling, he stated that bis present wife had beer constant in her at. tendance upon him-had watched over him with affection and care. Gratitude seemed to have given rise to an attachment, which in its effects has been so destructive to his peace and reputation. lie was not here, he said, to defend theirregularity of Mr. Stirling's conduct. If hedid so,he should beactingcontraryto hisinstructions and feelings. In themostunqualifiedterms didtbat gentlonsnexpresshiscontrition and repentance forwhat had occurred. But,continued the learned gen- tleman, you can easily conceive how long a inan of delicate feelings would hesitate before he avowed, toa grown-upson, and to the world, the connexion whichl in private he had formed, and which, thouglh solemnly entered into between the parties, was not publicly acknow. Iedgced until the 7th of Apil. It miighL have beep easy for his client to have tramped up evidence oF an trzegular marriage, bat he deter- -mined to abide the penalty of his conduce; and with Christian forti- tude and manliness, open~ly to confess hui fawit. Ins th end of. July his ghfl4iwas 94rn,D ico musii4ichte b piidpct .t0 tficPresby. tery. Llfere the counisread a letter from Mr. Stirlin to the ?res. bytey, acknowlcdqinq- his guilt indexiressiing-deep obntrition for I the injury done to rehi&or. nd the mninisterial character.] This was received ivith true Christiinipirit. Theyexpremed their sincere sor- row for whatihad occurred, and suspended him pro tkrnpre from the exercise of hisoffice, and cited him to the next meeting of the Pres. bytery. On the 2d of Stptember, 1823, the Presbytery met, and hlr. Stirling appeared, and expressedt his contrition for tbe offence committed. A petition was then presented in tbe nane of certain parishioners, but they came to no decision. On the 21st of Decem. ber,another petition was given in by Mlr. Galbraith, and also a state- meat, setting forth, that on account of Mr. Stirhng's health, cer- tam of the heritors were anxious that a compromise.might be made by which M?r. Stirling. although removed from his charge, woals? be entitled to a portion of his stipend. A memorial was at the same time given in. in favour of Mr. Stirling. Thereafter a motion fer the deposition of Mr. Stirling was made. But before doing so, the Presbytery refused to receive the vote of one of its constituent mem- bers, upon the pretence that he had been a party to the proceedings by signing the memorial. What was tle consequence te his client?. What, but that the motion for deposition was carried by a casting vote. The objections to theprocedure were therefore twotbld,-first, on the ground that no regular process was instituted which could endtle them to pronounce their sentence; and secondly, on the ground thnt the vote of Blair the elder vas refused. After thfelearn- ed counsel had dwelt on these points at some length, he went on to say, that he had carefuilly looked through the forms of process approved of by the General Assembly, but could see no. thing countenancing for one moment the anomalous procedure that had taken place in this case. Wrhat he would contend was, that the present accusation, when examined, does not partake of that moral stain which pervades other scandalous offrences, and is in the eye of the law a very different crime from fornication. You are sitting here as a legal tribunal, and must therefore consider the question in a legal point of view. Now the law of Scotland, it is well known, views marriage as a civil contract, which is completed by the simple consent of the parties; and although it draws a distinction between rezular and irregular marriages, yet this does not arise from any different view that it takes of the contract of the parties, but because of certain civil enactments as matter of public expediency. Still the simple consent of the parties renders the marriage as valia as when blessed by the Minister of God-they swear to be faithfisl until death do them part. It often happens, there. fore, that an irregular marriage is afterwards publicly solem- nized in facie ecclesixe, for the greater satisfaction of the friends. Accordingly, the presumption of the law of Scotland is, that when a child is born soon after the regular marriage of the parties, an ir- regular marriage of the parties took place prior to the co,cubihsn. Having cited these cases, he contended that, putting the general question asidle, there was surely no reason for them pronouncing a severerjudgment in the present case. Thelearnedgentlemanthen concluded in nearly the following words:-" I have but little nore to add. Sone of you are about to resume those holy labours which raise your own minIs to Hcaven, and point out the blessed path to others. I entreatyou then to consider him who has been so long a labourer with you in the same holv vineyard, and not to per. mit a momentary aberration to be his ruin. You arc about to return to Your happy homes, to enjoy the greatest bliss this life can bestow.that of domestic happiness, consider what wiU be the fate of the applicant if you decide againist him; you will drive him from those scenes where lie passed the days of innocence and Youth and endeared to hinm still more by the recollection of happiness hr ever gone. You Nrill drive him forth as a wanderer on the face of the earth, to lay his gray hairs in sorrow in the grave." The Court was then addressed by Mr. W. GALBnIA5TsI, who appeared for Mr. Graham, of Gartmore, and other heritors and heads of fanilies of the Parish of Port. ;llr. Galbraith proceed- ed to'state, that in the month of April, 1o23, iMr. Stirling, to the surprise of every personn married his servant. Such conduct created a great sensation throughoutthe parish, and theconchision that every person naturaUy eametowas," i'thatevery thingwas notright." These suspicions, however, were soon dispelledl; for in the month of June, at the usual time of dispensing the sacrament, MIr. Stirling presided, and went through the usual duties on such occasions and after having distributed the elements to his wife along with the rest, he also partook of them himself. The parishioners on this conceived their surmises to be wrong; but they were soon unde- ceived; for in July Mlrs. Stirling was delivered ot a child. This c,aused a deep sensation, and a number of the parishioners called on Al r. Graham, of Gartmore, one of the principal heritors, to take suchi measures as might be proper. Air. Graham then consulted the heritors, who were all of opinion that it was impossible Alr. Stirling could continue minister of the parish; but, that he mightnotbe desti- tute, he should, on retiring, havea portion of his stipends.Mr. Graham wrote to IlMr. Erskine of Cardross, the patron, who approved of the iieasure; but Air. Stirling would enter into no compromise. The matter was then taken before the Presbytery, anlI the petition for Mr. Stirling's deposition was subscriged by Ar. Graham and fifty other heads of families in the parish. Ir. Stirling still refused to compromise. It was presentedi to the Presby- tery, but it was at the same time stated in Court that the petitioners were most anxious that some compromise should be effected, and begged therefore that the case might be delayed, to give an op- portunity for doingso. The Presbytery, in consequence, agreed to delay, unttil the 2d of December, when the agent for the petitioners stated, that notwithstanding the offers made, no approach to com- promise had been made by nIr. Stirling; that his clients were still anxious, on account of the state of l\r. S;irling's health, that the Presbyterv would do what was in their power to effect an arranre- ment. Mr. Stirling, continued Mtlr. Galbraith, who was present, stated that no offer bad been made to him, and that he was in as good health as he (the counsel for the petitioners) was. The Presbvtery had therefore no alternative but to pronouince the sentence of deposi- tion. Air. Galbraith hoped tlathe had now satisfied the Synod, that MIr. Graham and the other petitioners had not been actuated by anv harsh or improper feelings towards Mir. Stirling, bitt that, on the contrary, they bad acted in the most lenient manner. lr. Galbraih eoncluded by stating to the Synod, that it was still the most anxious wish of his constituents that : compromise should be effected, atn( that the case might not proceed further in the Church Courts. The Rev. MIr. AN-DExISOw, of Tillicoultry, on behalf of the Presbytery of Duumblane, stated the views which actuated them in pronouncing sentence of deposition against MIr. AM'Greg-or Stirlinge of Port. He then, with great solemnity, quoted the passage froiii the 7th chapter of the form of process, which is the law, inflicting instant deposition upon confession. - This, " said the rev. zentl&- man, " is law-it is civil law; but in this judgment I am guided by a higher standard, anld whiclh ought to be the supreme guide in such cases as the present. In the word of God we have these words re- peated again and agaiv, " Be ve holv, because I the Lord vour God am holy." He then recounted those things wvhicli were consecrated and held holy under the Jcwish dispensation, and madc of pure gold : such as the isercy-seat, the cherubim, the cantllestick (or candela- brum) in the temple, the snuffers, ano' other utensils, all which im- plied purity of heart inallthosevwho drew nigh to tite Lord. He conCudeel by sta.ting that tie etenal intcrest of precious soul called for present sentence, which he trusted they would confirm.; and finally, that the church of Scotland might be the church of Christ, and her *ninisters be guided bv his spirit. Several of tbe members mamntained the proprietv of the Prcsbv- tery's procedure, quoted the authority of the Scriptures in shiilar cases; and insisted that the Churchbyherenactments had precluded her members from exercising mercy. It was then moved that the sen:ence of the Presbcverv be affirm- ed-it was also moved that the case be referred si?rplicitcr to the General Assembly. The sentence was a{f rined by a imkjrority of one. The case is to be carried to the seneral Asser.mbly. PERT!Y AND STIRLING PROVINCIAL SYNOD.