The fourth count was then read over, with Mr. Campbell's answer. The Presbytery find the said fourth count relevant. The fifth count was then read over, with Mr. Campbell's answer. The Presbytery find the said fifth count relevant. The sixth count was then read over, with Mr. Campbell's answer. The Presbytery find the said sixth count relevant. The seventh count was then read over, with Mr. Campbell's answer. The Presbytery find the said seventh count not relevant. The eighth count was then read over, with Mr. Campbell's answer. The Presbytery find the said eighth count relevant. The ninth count was then read over, with Mr. Campbell's answer. The Presbytery find the said ninth count relevant, with the exception of the propositions-" that the curse in Adam extended only to the death of the body, and takes effect upon all;" and "that if Christ had not died, mankind would not have risen, nor would they have gone to hell, to eternal punishment, but to Hades." The tenth count was then read over, with Mr. Campbell's answer. The Presbytery find the following proposition in said tenth count, videlicet: "Now, inasmuch as it is true concerning you, that in the first place the work of God in Christ has put away your sins, so that it is the fact, that your sins are at this moment not imputed to you"-taken in connexion with the following—" that sinners as you are, that deserving of condemnation, and by nature under condemnation as you are," is relevant, as is also the proposition; "that the principle upon which Christ judges the earth, is, that Christ has redeemed us ;"-and also the propositions, "that the judg-, ment presupposes forgiveness ;" and "that it is as those who have been forgiven that we judged shall be." Find the other propositions of the said tenth count not relevant. From the above findings of the Presbytery, Mr. Dunlop dissented. Mr. Story also dissented, and protested for leave to complain to the Synod of Glasgow and Ayr, promised to give in his reasons in due time, took instruments, and craved extracts. Against the above findings, Mr. Campbell protested for leave to appeal to the Synod of Glasgow and Ayr, promised to give in his reasons in due time, took instruments and craved extracts. In which findings, Mr. M'George, in name of the libellers, acquiesced, took instruments, and craved extracts. The Presbytery appoint the Moderator, and Messrs. Graham, Hamilton, Fleming, and A. Sym, a Committee; Dr. Fleming, Convener, and three a quorum, to answer Mr. Campbell's Reasons of Appeal, and Mr. Story's Dissent and Complaint, and to defend the judgments of the Presbytery at the bar of the Synod. REASONS OF PROTEST and APPEAL, by JOHN M'Leod CAMPBELL, Minister of Row, against the judgment of the Presbytery of Dumbarton, pronounced on the 22d day of September, 1830, in reference to the libel against the Appellant, at the instance of George M'Lellan, and others, designing themselves heads of families, and inhabitants of the parish of Row, by which judgment the Presbytery found the several counts of the minor proposition of said libel, with the exception of a few sentences, relevant. Having, in the Answers to the libel, stated generally, of its minor proposition, that none of its counts did truly and intelligibly, and without explanation, convey the doctrines which were taught on the occasions on which the several expressions quoted are said to have been used; and having given a particular denial to most of these expressions, it is manifestly not incumbent upon the appellant,-nor indeed consistent with the ground which he has thus taken, that he should minutely consider whether expressions which he has never used, and which can at the most be but imperfect quotations, are, or are not, relevant to prove any thing. Yet there are, without so examining the minor proposition, certain reasons of appeal against the Presbytery's judgment, as one by which the Appellant is aggrieved. I. Assuming the objections taken against the indefinite character of the Presbytery's judgment, in reference to the major proposition, to be just and tenable, then the Presbytery were not in a condition to proceed to a consideration of the relevancy of the minor, without doing injustice to the appellant. It is manifest that if it is impossible to know certainly what the Presbytery understand to be contained in the major proposition, while finding it relevant, it must be also impossible to know what the precise charge is, which the minor is found relevant to prove :-so that the appellant may truly say, that he does not know what the minor proposition is intended to prove against him, or what the charge is, which he has to meet. II. The judgment now appealed from, is not only one thus placing the appellant substantially in the situation of being subjected to a trial on an unknown charge,-that is substantially without being libelled, but in so far as the Presbytery's understanding of the major proposition may be gathered from their judgment on the minor, and the charge which they con-template thus inferred, the appellant objects that the interpretation which seems put upon the major is altogether inadmissible, and consequently the judgment now appealed from unwarranted. In the findings relative to the minor proposition, it appears to be the assurance of being in a state of salvation that the Presbytery are contemplating-while there is no mention of that doctrine in the major proposition, which refers to no assurance but that known by the name of assurance of faith. This appears to the appellant a most insuperable objection, inasmuch as it makes the charge sent to proof, so far as it can be understood, not the charge libelled at all. III. While there is thus not only want of definiteness, but also important misconception in the Presbytery's judgment, in that the minor proposition of the libel is found relevant to prove what is not stated in the major, there is a still further proof of misconception furnished by the consideration of a part of that matter which the Presbytery have cast out of the minor proposition as irrelevant. The greater proportion of the tenth count is thrown out. Now this tenth count contains the nearest approximation to an intelligent statement of the doctrines taught by the appellant to be found in the libel, and therefore ought to be the most relevant, if the major proposition be understood in that sense, according to which the appellant has admitted that he holds and teaches the doctrines which it states. This is an important fact ;and the consideration of it, and of the manifest misconception on the subject of assurance, must surely satisfy the superior Court, that the objections taken to the Presbytery's judgment, in respect of want of explicitness, is not urged in any captious spirit. Substantial justice is all that is sought—but proceeding with the trial in such darkness, and under such misconception, the Appellant may eventually find himself deposed from the Ministry for teaching, not only what he never held, but what he never has been libelled for holding. In respect whereof, (Signed) JOHN M'LEOD CAMPBELL. Minister of Row. Row, October 2d, 1830. At Dumbarton, the fifth day of October, one thousand eight hundred and thirty. After prayer by Mr. Carr, Moderator, Sederunt-Messrs. Wilson, Graham, Hamilton, Gregor, Proudfoot, Story, Jaffray, A. Sym, Coltart, Lochore, Niven, Campbell, and Fleming, Ministers; with Mr. Dunlop, Elder, from Cardross, and Mr. Peter Jardine from Dumbarton. (Inter alia.) Mr. Campbell being judicially asked if he adhered to his Answers to the libel given in against him, declared he did adhere to the same. Being asked if he had any addition or explanation to make to these Answers-replied, that understanding this question. to have reference to his personal judgment of the explicitness of his answers, and not to any call for explanation that has subsequently arisen in the misconception of the Court, and with reference to which he has appealed, he does not feel it needful to add any explanation, while he will be happy to meet any desire for explanation on the part of any of his brethren, and answer any question which such desire may prompt. The Presbytery then proceeded to read certain passages from the Answers given in by Mr. Campbell, viz. page 22* beginning with the words" as to the extent of the atonement;" and ending with the words" without distinction:" page 114-"I hold and teach," to page 115-" then does there lie a just charge against me:" page 116-" those likewise," &c., to page 119-"rejecting God's truth"-in connexion with the fifth Act of the General Assembly, held at Edinburgh in 1720-and the texts of Scripture and the declarations of the Standards of the Church referred to in the aforesaid act. The Presbytery delay taking any farther step in the cause till their first ordinary meeting in December. * Pages 15 & 16, 45, 46, and 47, of the printed copy of the Answers, &c. |