SCOTTISH SE- Purchase of Dec. 21, 1812. livings in 1740. A considerable number of Mr. Feb. 5, 1813. Wilson's congregation still adhered to him, and purchased a piece of ground on which they built a chapel, where he might continue to exercise his ministry. This was accomplished by voluntary contributions recommended at a general meeting of the whole congregation. Most of these were in very small sums, the highest not exceeding 217. and many contributed by their personal labour, by the use of their carts and horses for so many days, weeks, and months; and the minister's stipend was paid, repairs made, and debts paid off, by contributions at the church doors. The seceders The secession having arisen merely from a difretain the plan ference of opinion upon a particular point, the blished church seceding clergymen still retained the plan of church of the esta government. Terms of the disposition of the ground. government, by which the national church was regulated, and formed themselves into a church judicatory accordingly. The congregations which separated from the established church on the same principles submitted to this judicatory, and among these was the congregation at Perth. Four of the money contributors, Messrs. Millar, Davidson, Brown, and Craigdallie, were chosen by the congregation as managers, and to them the ground on which the chapel was built, was disponed in the following words, "I, Thomas Gall, do hereby sell, alienate, and dispone, to, and in favour of, the said Colin Brown, James Davidson, John Millar, and James Craigdallie, for themselves, and as trustees for and in the name of the whole subscribers and contributors to the building of a meeting house for Mr. William Wilson, minister of the gospel in SENTERS.) Perth, and the congregation who submits to his Dec. 21, 1812. two-Burgh er and Anti- The secession sect in 1745 split into two parts, In 1745 the in consequence of a dispute about the lawfulness of sect splits into a clause in an oath imposed on persons elected into the magistracy in some of the royal burghs. A minority of their clergy held it to be unlawful, separated from those who still adhered to all the original principles of the secession, and formed a distinct sect known by the name of Anti-Burghers. Mr. Brown, who was then the clergyman of the Perth congregation, and a majority in point of number (as was alleged), joined the new sect, and gave up the chapel to the rest, containing a majority of the original money contributors, who adhered to the old Burgher sect and principles. other division. In 1795 another dispute arose among the Burgher In 1795 anseceders, respecting the power of the magistrate to suppress heresy, and other points. The synod by a The synod SENTERS.) Dec. 21,1812. majority sanctioned the new or innovating doctrines. Feb. 5, 1813. Mr. Jarvie was at this time minister of the Perth SCOTTISH SE Congregation, and Mr. Aikman his colleague or CEDERS (DIS- assistant. A majority of the money contributors, new doctrine. along with Mr. Jarvie, adhered to the original prinA majority of ciples of the sect. Mr. Aikman and a majority of the congregation adopted the new doctrine, and adhered to the synod. the Perth con gregation in point of num ber adhere to the synod. A majority of the money contributors adhere to the original principles of the secession. Question to which of the parties the ed. In this state of things, the question arose to which of the parties the chapel belonged. Mr. Aikman and his followers claimed it, as being a majority of the congregation, but chiefly as submitting to their church judicatory, the associate synod; such submission being, as they alleged, the essential distinctive mark of the community for which the prochapel belong perty was originally acquired. Mr. Jarvie and his belong-perty adherents on the other hand, claimed the property as adhering to the original faith of their sect, but chiefly as constituting according to them the representatives of a majority of the original contributors in money towards the purchasing of the ground and the building of the chapel. The question came on first before the Sheriff of Perth, from whose Court it was in the usual manner removed to the Court of Session. Lord Armadale, Ordinary, after some preliminary steps, made avisandum of the cause to the whole court; which, on advising the same, on the 16th November, 1803, pronounced the following interlocutor: "On report of Lord Armadale, and having advised the mutual informations in the cause, the Lords find that the property of the subjects in question is held in trust for a society of persons who contributed their money Interlocutor of the court of the 16th November, 1809, in favour of the money contributors. SENTERS.) for purchasing the ground, and building, repair- Dec. 21, 1812. ing, and upholding the house or houses thereon, Feb. 5, 1813. under the name of the Associate Congregation of SCOTTISH SEPerth; and so far repel the defences against the CEDERS (DISdeclarator at the instance of Matthew Davidson, and others; and find that the management must be in the majority, in point of interest, of the persons above described; and before farther answer in the cause, remit to the Lord Ordinary to ascertain what persons are intitled to be upon the list of contributors aforesaid, and whether the majority aforesaid stands upon the one side or the other, and thereafter to do as to his Lordship shall seem just.” 1804, in fa the original principles of adhering to the sect, but Against this interlocutor, a short petition was presented on the part of Mr. Aikman and the other Respondents, who joined with him in behalf of their party, and on advising it with answers for the Appellants, on the 1st February, 1804, the following interlocutor was pronounced: "The Lords having Interlocutor of resumed the consideration of the petition, and 1st February, advised the same with the answers and whole process, vour of those abandoning they alter their interlocutor of the 16th of November last, and find that the property of the subjects in question is held in trust for a society of persons who contributed their money either by specific subscriptions, or by contribution at the church doors, for purchasing the ground, and building, repairing, and upholding the house or houses thereon, or for paying off the debt contracted for these purposes, such persons always by themselves, or along with others joining with them, forming a congregation of christians continuing in communion with, and subject to the ecclesiastical discipline of, a body of the synod. Dec. 21, 1812. dissenting protestants, calling themselves the AssoFeb. 5, 1819. ciate Presbytery and Synod of Burgher Seceders; and remit to the Lord Ordinary to proceed accord SCOTTISH SE CEDERS (DIS- ingly." SENTERS.) The cause being thus returned to the Lord Ordinary, he pronounced an interlocutor, "finding that Mr. Aikman and his adherents had the preferable and exclusive right to the ground in question, and to the church and other buildings erected thereon, and decerned and declared accordingly." In pronouncing the interlocutor of 1st February, 1804, and another adhering to the same, on 28th June, 1805, the judges of the Court of Session then present were equally divided in opinion, seven, including the Lord President being for the Appele lants; but as the constitution of the Court did not admit of the President voting, except when the other judges were equally divided, the question was necessarily taken as having been decided against the Appellants by seven against six. Sir Samuel Romilly and Mr. Grant, (for the Respondents) argued that from the words of the instruments conveying the property, from the acts of the contributors and congregation, and from the trifling amount of the separate sums subscribed, it was clear that the contributors never intended to claim a right of property in the subjects in question for their own behoof, as separate from the congregation, and its subordination to the rules of the sect. That taking the original contributions in money, the contributions in labour of different kinds, and contributions at the church doors, the interests were |