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day May 19. Charles Lord Cathcart was his Majefty's Commiffioner; and Mr William Leechman profeffor of divinity in the university of Glasgow, was chofen moderator.

On the 21ft, a report by 'the committee for revifing commiffions to members of affembly, was tranfmitted by the committee for overtures, bearing, 1. That the commiffion from the city of Glasgow was dated the 12th of April, and so three days within the time limited by act of affembly. 2. That the commiffions from the prefbyteries of Earl fton, Linlithgow, and Dunbar, wanted the claufe, bearing that the elders were qualified according to the act 1722*. 3. That the commiffions from the prefbyteries of Stranrawer, Mull, and Dunkeld, bore in general, that the commiffioners were every other way qualified according to the acts of affembly, but did not bear that the elders were qualified according to the act 1722*. And the committee of overtures reported their opinion, that the objection to the commiffion from Glasgow should be paffed from, in regard its being within the forty days was owing to a mistake, as if the affembly had been to meet on the 26th instead of the 19th; and the second and third remarks, relating to the commiffions from the fix prefbyteries, they tranfmit, ted fimpliciter. After long reafoning in the affembly, fome moved to receive the commiffions, notwithstanding the informalities. Others opposed this. At laft two questions were put, viz. 1. Receive the first of these commiffions, [that from Glasgow], or Not? and, 2. Receive the other commiffions, or Not? Both carried in the affirmative; the first, Receive 88, Not 41; and the fecond, Receive 70, Not 55. Seven minifters

* By act 9. aff. 1722. "the affembly earnestly befeech, exhort, and require elders and deacons to be faithful in the discharge of their refpective offices, tender and circumfpect in their walk, and punctual in their attending upon ordinances, and trict in their obfervation of the Lord's day, and in regularly keeping up the worship of God in their families: and appoint the judicatures of the church to take good heed, that none be admitted to or continued in thefe offices, but fuch as are found qualified, and do behave themselves as a bove required."

diffented, and an eighth, Mr. Archibald Walker, adhered on the 25th. The reasons were given in by Mr Witherfpoon on the 28th, and were read, and ordered to lie in retentis. [234.]

Another report of the committee for revifing commiffions was tranfmitted on the 26th, bearing, That the commiffion from the prefbytery of Langholm was dated the 10th of May, and so was thirty-two days within the time limited; that the commiffion from the borough of Dunbar was dated the 29th of April. and fo was twenty days within the time limited; and that the commiffion from the borough of Stirling was dated the 5th of March, and fo was three days without the time limited. The committee for overtures gave their opinion, that these commiffions fhould be recei ved, notwithstanding the informalities and they were received accordingly..

The affembly, on the 26th, nominated Dr Cuming, Prof. Hamilton, Meff. Glen, Mackie, Watson, Nasmith, Plenderleith, Hyndman, Wifhart, Webster, Dick, and William Robertfon, minifters, and the Lords Bankton, Shewal ton, Coalfton, Juftice-Clerk, Edgefield, Advocate, and Preftongrange, Mr Solicitor, and Meff. William Law and John Swinton, ruling elders, a committee to confider the laws relating to the election and qualifications of members of affembly, and from those laws to frame one act, by which the form of commiffions to members of affembly, and of atteftations of commiffions, fhall be fixed with fuch precifenefs, and fuch penalties annexed to every departure from thofe forms, as may remove ambiguity, and prevent as much as poffible, for the future, difputes upon fuch commiffions and atteftations; and to report their draught of the act to the commiffion in November, that they may further pre pare it for the next affembly.

A petition of the elders, and feveral heads of families, communicants, of the lowland congregation of Campbelton, and of the parish of Southend, complaining of two acts of the fynod of Argyle, in August 1754 and Auguft 1755, was taken under confideration on the 23d.

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By the first of thefe acts the fynod or dain, That the use of fermons on the Saturday before and Monday after difpenfing the facrament of the Lord's fupper, be difcontinued in all time coming; and that there be no fermons preached on thofe occafions, but on the Sabbathday, and on the Thursday immediately preceding, which is to be observed as a day of fafting and preparation: And by the fecond the fynod recommend to prefbyteries, to be at due pains to have the facrament of the Lord's fupper celebrated once a year in their bounds, according to the method prescribed in the former act; and that they proceed against thofe who, after admonition, continue refractory, or follow divifive courfes, according to the rules of the church. The petitioners represented, That these acts gave great offence to many ferious and well-difpofed Chriftians, and appeared to them to give a deep wound to the intereft of religion in thofe parts. The fynod, on the other hand, reprefented, That the Lord's fupper was treat ed in many of their parishes with a neg. lect, hurtful in itself, and that could hardly mifs to tempt the lefs difcerning people to think, that the obligation of it did not reach all the profeffors of our holy religion; and that the fynod had it greatly at heart to have that facrament more frequently adminiftered; but two great difficulties flood in the way, the extent and difcontiguity of their parishes, and the number of fermons ufual on communion occafions, of which they gave the following account.

"The bounds of our fynod take in the fhires of Argyle and Bute. In this district there are above twenty inhabited islands; of which eleven are large and populous, and most of them divided, not only from the continent, but likewife from one another, by broad and dangerous ferries; so that the affiftance required, when the facrament is given in any of them, is always, ill to be got, and often very uncertain. And even on the continent, it is no eafy matter to bring a fufficient number of affiftants together; as most of our parishes are feparated from thofe next them, either

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by rough and high moors, cut every here and there with rapid waters, or by arms of the sea, that run up far into our wafte, and in many places impaffable mountains. To fecure the best we could against the disappointments that attend these inconveniencies of our fituations, we were obliged to croud our communion work into the fummer-season. Though we were fenfible this greatly increased the hurry of it, and straitened the brethren employed in it, by calling them often from home, and to places at a great distance, and that within the compafs of two or three months; yet, with all this precaution, instances can be given, of minifters brought to an untimely death, or greatly broken in their health, by their private labour in preaching, or in vifiting and catechizing their wide charges, previously to the communion-days, and by being difappointed then of the affiftance they expected.

"The number of fermons with us on fuch occafions is greatly increased, from reafons peculiar to the highlands. In many parishes there are fome who do not understand the common language of the country. For the fake of fuch, and to give the English language the quicker progrefs over all our bounds, we think it our duty to carry on this service in both thefe languages. And then, as most of our pastoral charges have two or three ftated places of worship, our principal churches are every where too fmall, even for the congregations that belong to them when gathered together, and much more fo for the crouds that come from neighbouring parishes on thofe occafions: and thus, as the fervice within the church, though begun on the fabbath-mornings at nine, continues often without any recefs till eight or nine in the evening; fo all this time, after an action-fermon at the tent without, the brethren fucceed one another, to prevent as much as they can the people from wearying, or running into idle amusements. And here it may be proper to observe a circumftance that ftraitened us ftill more. The district in which we labour, though very extenfive and difcontiguous, is divided only into two

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and forty pastoral charges; and they never are at any one time all planted; fo, what by vacancies, and what by the infirmities of elder brethren, and the occafional fickness of others, the work to which we are called, lies on the hands of thirty minifters one year with another."

It was added, that the method prefcribed by the acts complained of, is agreeable to the ancient practice and the ftanding laws of the church.

Two lawyers were heard for the petitioners, and several minifters for the fynod; and after long reafoning, the affembly unanimoufly approved of difcontinuing the fermons; but a question was put, Whether to affirm the claufe which enforces the act by a fanction? and carried, by a majority, Not: "And therefore the affembly, confidering the particular circumftances of that country, do unanimoufly approve of the conduct of the fynod of Argyle, fo far as they discontinue the fermons on Saturday and Monday, in order to have the Lord's fupper more frequently and decently administered within their bounds; but do not affirm that part of their act, inforcing the fame by a fanction: and the affembly recommends to all concerned to study peace and harmony, and to the people in the bounds of the said fynod to give regular attendance on ordinances difpenfed by their ministers."

A cafe fomewhat fimilar came before the affembly on the 28th, by an appeal taken by the elders and communicants in the bounds of the prefbytery of Dornoch, from a fentence of the fynod of Sutherland and Caithness, pronounced Aug. 19. 1756, by which they difcharge fellowship-meetings to be held upon the Fridays immediately before the celebration of the Lord's fupper. With a view to put a stop to thofe Friday meetings, an attempt was made in 1750, to make Friday, in place of Thurf day, the faft day before the facrament; but the affembly disapproved of this alteration [xiii. 259.]. The fynod have now abfolutely discharged thofe Friday meetings, because it was ufual for the minister to attend them, whofe time it

was imagined might be better employed. The people of Dornoch petitioned to be restored to the privilege of meeting with their minister as ufual on thofe Fridays, or at least that the fynod would permit fuch minifters as pleased, to meet with their people on those occafions. But their petition was rejected. Of this they loudly complain. "It is not paft memory of man,' fay they," fince Prefbyterians looked upon it as an intolerable grievance, to be hindered from meeting together for religious worship, or devout exercifes, by fuch as were adverfaries to our ecclefiaftical constitution: but what would our fathers have thought, had it then been faid, that in less than a century fome judicatures of our own church would pass acts, prohibiting their members to meet, at the earnest desire of the beft-difpofed of their people, to join with them in mutual and Christian conferences, or to affift at their devotion?" It was alledged, on the other hand, that an humour of difputing was too much encouraged in thofe meetings; and we hear a Rev. member told the affembly, that in fome of them speeches were made as long as any of those made in that houfe, and queftions put which all that house could not answer. The affembly found, that the affair was not fully laid before them, and therefore fifted further procedure in it at this time; and appointed the fynod of Sutherland and Caithness to lay an account of the whole matter before the next assembly.

Mr Carlyle's affair [218.] was gone upon on the 24th. Several ministers of the prefbytery of Dalkeith appeared in fupport of the appeal; and feveral minifters, and Mr Jofeph Williamson advocate, members of the fynod, appear. ed in fupport of the fynod's fentence. Mr John Dalrymple advocate, appeared in fupport of the fynod's fentence, and likewife as counfel for Mr Carlyle. A member of the fynod who had diffented from the fentence, afked leave to speak; but the affembly found, that the diffenters had no title to be heard in support of their diffent. After reading the peti tion of appeal, and the fynod's fentence, and hearing parties at great length, it

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was propofed that the queftion fhould be put, Affirm the fentence of the fynod, or Not? But others infifting that the que ftion should be, Whether the prefbytery of Dalkeith did right in proceeding in the way of a libel, or Not? the previous queftion was put, Whether the first or second should be the ftate of the vote? and carried for the first, 114 against 45. Then the first state of the question, Affirm the fentence of the fynod, or Not? being put, it carried affirm, 117 against 39.

viz. "

An overture relating to the ftage was taken under confideration on the 27th. After reasoning on it, another overture was proposed in its place, and the firft was dropt and after reasoning on the fecond, fome arguing against any overture on the subject, and others arguing for one, the queftion was put, Overture, or Not? and carried Overture, 120 against 54. Then the fecond overture was approved of without a vote, The general affembly confidering how much the fuccefs of the gospel depends on the regular and inoffenfive behaviour of the minifters of this church, do earnestly recommend to the feveral prefbyteries, to take fuch wife and effectual measures as may promote the fpirit of our holy religion, and preserve the purity and decorum of the ministerial character; and that they take care that none of the minifters of this church do upon any occafion attend the theatre." By the first overture the injunction not to attend the theatre, was not confined to minifters, but extended to all the members of the church.

On the 28th the following overture was ordered to be transmitted to the feveral prefbyteries, that they may fend their opinions upon it to the next affemby, the overture in the mean time to have the force of an act, viz. "Whereas in the act of affembly of the 1ft June 1753, against fimoniacal practices, there is the following branch or claufe," and do not, immediately when they come to the knowledge of it, intimate the fame to the prefbytery of the bounds," [xv. 256.]; and whereas it is found neceffary to explain and amend the faid

claufe; it is therefore hereby enacted; That if any fuch fimoniacal practices as are mentioned and described in the faid act, fhall be carried on by any per. fon or perfons whatfoever, in order to the promoting or procuring any bene. fice or office in this church to any minifter or probationer, though without his confent or approbation; and if such minifter or probationer fhall at any time be told or informed that fuch practices have been or are carried on, or propofed to be carried on, for the purpose aforefaid, and fhall not make discovery or intimation thereof to the prefbytery of the bounds, at their first meeting after he fhall receive fuch information, then and in that cafe he fhall, if a minifter, be depofed, and if a probationer, be deprived of his licence."

The annual report of the trustees for managing the fund for a provifion to the widows and children of minifters, &c. was given in on the 25th.To this report is fubjoined the following comparifon between the calculations on which the scheme proceeded, and the facts as they have come out during the first thirteen years of the fcheme, viz. from March 25. 1744, O. S. to April 5. 1757, N. S.

"In the calculation it was fuppofed, that 30 minifters and profeffors would die per annum; fo that, in the above 13 years, 390 minifters and profeffors might be fuppofed to die: and in fact, during faid 13 years, there have died 383. Difference 7.

"It was alfo fuppofed, that the minifters and profeffors dying would leave 20 widows, and 6 families of children without widows, per annum; inde, for faid 13 years, 260 widows, and 78 families of children without widows; in all 338: and in fact they have left 262 widows, and 73 families of children without widows, in all 335. Difference 3.

"In the calculation it was further fuppofed, that, at Whitfunday 1757, the number of widows on the fund, drawing full and half annuities, would be 177: and in fact their number is 171. Difference 6.

66 In the calculation it was likewife fuppofed,

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fuppofed, that the ftock, at clearing the collector's accounts for the 12th year of the fund, anno 1756, would amount to 43,3331. 35. 3 d.: and in fact it amounted to 42,888 1. 17 s. 2 d. ; fo that the real ftock was only 4441. 6 s. o, d. lefs than the calculation; which, in a fund fo great, is of no confequence; as a difference of that, or greater extent, to the advantage or difadvantage of the fund, will happen, from the accidental circumftance of a greater or leffer number of children falling upon it in the preceding year-"

N. B. From the above comparison it appears, that the fmall differences between the calculation and the fact, are to the advantage of the scheme, except ing as to the amount of the capital; with respect to which it is proper to obferve, that the calculation brings up the intereft to Whitsunday 1756, whereas the intereft of the real ftock is brought up only to Martinmas 1755: fo that if this half-year's intereft of the capital at 4 per cent. be added to the real ftock, it will exceed the calculation fome hundred pounds. [x. 204. & iv. v. vi. Indexes.]

Most of the other business related to fettlements.

Double prefentations had been given to the united parishes of Stonykirk, Clafhant, and Tofcarton; one by the King, in favour of Mr John Hunter probationer; and another by Mr Macdouall of Castlefempil, in favour of Mr James Macferrand minister at Kirkmaiden. In last November, the commiffion, to whom this affair had been referred by the preceding affembly, delayed it till their meeting in March, on account of a procefs then commenced before the court of feffion for afcertaining the right of patronage; and there was no meeting of the commiffion in March. No compearance was made for Mr Macdouall in the affembly. The papers were read, particularly the fentence of the Lords of Seffion of Feb. 9. 1757, finding, That the crown has right to the patronages of Clafhant and Tofcarton, united with the parish of Stonykirk, and that Mr Macdouall has right to the patronage of the old parish of Stony VOL. XIX.

kirk; that the crown has right to prefent to the faid united parithes for two vices, and Mr Macdouall for one vice; and as it was admitted that Mr Macdouall prefented laft, preferring the crown's prefentation. The affembly, May 21. unanimoufly appointed the prefbytery of Stranrawer to proceed to the moderation of a call to the King's prefentee alone.

Upon a competition between Dorothea Lady-dowager Forbes, and James Lord Forbes, both having prefented to the parishes of Forbes and Kearn, the affembly. on the 25th, appointed Mr James Macwilliam probationer, my Lord's prefentee, to be fettled; and fet afide my Lady's prefentation in favour of Mr William Coupland minifter. Some members moved to refer the affair to the commiffion, in regard my Lady had raised a declarator of her right of patronage before the court of feffion but upon the queftion put, Proceed, or Delay? it carried Proceed by a great majority.

On the 26th the affembly took into confideration a complaint of the King's Advocate, and the concurrers with a royal presentation in favour of Mr John Douglas minifter of Kenmure, to be miniiter of Jedburgh, against the prefbytery of Jedburgh, for not obeying the fentence of the commiffion, appointing Mr Douglas's transportation and fettlement [xviii. 567.]; and a petition of others of the aforefaid parish, opposers of the prefentee, complaining of the commiflion's fentence, and craving it might be reverfed. After reading the papers, and hearing parties, and reafoning, the queftion was put, Difmifs the complaint against the commiffion, or Not? and it carried Difmifs by a great majority. The affembly therefore appointed the prefbytery of Jedburgh to proceed in a procefs towards Mr Douglas's transportation from Kenmure, and his admiffion at Jedburgh, with all convenient speed; and no body infifting in the complaint against the prefbytery, it was difmiffed likewife: and the affembly impowered the commiffion, to determine finally in any complaint, reference, or appeal,

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