BX 9078 .C737 1830 Suppl. 
 Church of Scotland, 
 supplement to the Compendium 
 of the laws of the Church 
 
"'pmUGSTGIT ^' 
 
 SUPPLE 
 
 COMPENDIUM OF THE LAWS 
 
 CHURCH OF SCOTLAND. 
 
 By ALEX. PETERKIN. 
 
 EDINBURGH: 
 
 THE EDINBURGH PRINTING COMPANY. 
 
 GLASGOW; J. SMITH & SON. ABERDEEN: BROWN & CO. 
 
 MDCCCXXXVI. 
 
Edinburgh Printing Corripsiiy, Shdkspeare Square. 
 
PREFACE. 
 
 The Compendium of Laws and Institutes of the Esta- 
 blished Church of Scotland, which was published about 
 five years ago, has been honoured with the approval of 
 the public, and of many competent judges ; and the uti- 
 lity of such a digest has been fully established by the 
 fact, that it is now to be found in the hands of almost 
 every Churchman and Lawyer, as a book for reference, 
 in all matters of a relative character, which are cogniz- 
 able in our Courts, Civil as well as Ecclesiastical. 
 This circumstance, and the sale of a large impression, 
 now nearly exhausted, has suggested to the Compiler 
 of it, the expediency of adding as much as in him lies 
 to the value of that work; and this, for the present 
 at least, he apprehends may be done effectually, and 
 with the most ample justice to the purchasers of the first 
 edition, and all other parties concerned, by a Supple- 
 ment, which shall embrace the Statutory Enactments of 
 the Church since the Acts of General Assembly 1830, 
 up to which period, from the earliest times of the Church, 
 the Second Volume of the Compendium contained an 
 abridgment or transcript of the prior statutes. 
 
 Since the publication of that work was completed in 
 April 1831, important, and what may be termed " orga- 
 nic" changes, have taken place in the constitution of the 
 Presbyterian Church of Scotland. Its boundaries have 
 been largely extended, by the admission within its pale 
 of about one hundred congregations, the Pastors of which, 
 whether in Chapels of Ease or Parliamentary Churches, 
 have been admitted to a full participation in all the rights 
 and privileges of Parochial Clergymen, — save only, to a 
 certain extent, the element of a public endowment ; and, 
 
4 PREFACE. 
 
 consequent on this change, the composition of our Church 
 Courts has also undergone a new organization : while 
 overtures and movements are now in progress, with a view 
 to a still further extension of an indefinite amount, and 
 with a view also to the endowment by the State of this 
 great accession to the means for religious instruction to the 
 people of Scotland. 
 
 Within the same period, too, an important innovation 
 has been introduced, by Overtures and Acts of Assem.bly, 
 in the years 1834 and 1835, relative to the mode of set- 
 tling Ministers in our parochial charges. A character, 
 which, if not entirely new in all respects, is at least a de- 
 viation from the practice of the Church during the greater 
 portion of its history, has been impressed upon the law in 
 this matter ; and the interim and now (in form, if not in 
 principle) final Acts of 1834 and 1835, on the subject of 
 Calls, have effected a vital modification of the Law of 
 Patronage, which, in its operation, has been deemed, as 
 it was intended to be, a virtual, if not a direct, limitation 
 of the civil rights of Patrons. How far such Acts are 
 compatible with the ancient Laws of the Church and of 
 the Land, and whether they are calculated to promote 
 the stability and usefulness of the Established Church, 
 are questions foreign to the present occasion. But what- 
 ever opinions may be held on these topics, it seems requi- 
 site that these new laws, whatever their effects may ulti- 
 mately prove to be, ought to be put into the hands of all 
 the Members of the Church, who must be called on to 
 apply them, — in a shape the most easily accessible and 
 the most convenient. 
 
 These great changes on the Constitution of our Church 
 have suggested the present supplementary addition to the 
 Compendium of its Laws, so as to furnish, in a form less 
 expensive and more useful than any extant, for practical 
 purposes, a condensed collection of the New Laws of the 
 Church ; — and this, it is thought, must be desirable, not 
 merely to the Members of Church Courts, but to the 
 Legal Profession, in every province of Scotland ; the in- 
 terposition of this latter class being now required, m.uch 
 more frequently than in times past, in the settlement of 
 
PREFACE. 5 
 
 Parish Ministers. In addition to the Acts themselves, 
 extracts from the Minutes of Assembly, illustrative of the 
 progress of tlie several measures from the first Overtures 
 to the final adoption, are annexed under the appropriate 
 heads, so as to supply all recpiisite information regarding 
 the history of the several novations in the Law of the 
 Church. 
 
 Besides the Acts now alluded to, and regulations there- 
 with connected, it is probable that some further changes 
 will be introduced by the Assembly 1836. What these 
 may be, it is impossible at present to divine ; but amongst 
 the many subjects about to be brought under the consi- 
 deration of that venerable body, the subject of Patronage 
 is likely to be one of the most prominent. When the 
 Compendium was compiled and completed, there was no 
 reason to apprehend that the Statute Law of the realm 
 on this subject was likely to be disturbed ; and, therefore, 
 it was not deemed necessary to encumber that work with 
 any of the Acts of the Scottish or British Parliaments by 
 which that matter was regulated. But recent events, 
 which belong to history, seem to render it not improbable 
 that Overtures for an abrogation of the existing law will 
 ere long become a subject of very general interest and 
 discussion ; and, in these circumstances, it is thought ad- 
 visable to supply the Church and the Public with a con- 
 densed epitome of all the Civil Statutes w hich bear refer- 
 ence to this subject. Those Statutes, therefore, are em- 
 braced in the present Supplement; and the Editor trusts 
 that this addition to his former publication will be re- 
 ceived, as it is oftered — an humble tribute of filial at- 
 tachment to the Church of Scotland. 
 
 Annexed to these more important muniments, some 
 statistical information with regard to the temporalities of 
 the Church will be found ; and when the Royal Com- 
 mission, now engaged in inquiries touching the affairs of 
 the Church, shall have closed its labours, a L'.rge body 
 of facts may be expected, that will require consideration 
 on some future occasion. 
 
 ALEX. PETERKIN. 
 
 Edinburgh, 19th May 1836. 
 
SUPPLEMENT. 
 
 CALLS. 
 
 Act on the Calling of Ministers* 
 
 Edinburgh, May 29, 1835 — Sess. 9. 
 
 The General Assembly declare, That it is a Fundamental 
 Law of this Church, that no Pastor shall be intruded on 
 any Congreg-ation contrary to the will of the people; and, 
 in order that this principle may be carried into full effect, 
 the General Assembly, with the consent of a majority of 
 the Presbyteries of this Church, do declare, enact, and 
 ordain. That it shall be an instruction to Presbyteries, 
 that if, at the moderating in a Call to a vacant pastoral 
 charge, the major part of the male heads of families, 
 members of the vacant congregation, and in full commu- 
 nion with the Church, shall disapprove of the person in 
 whose favour the Call is proposed to be moderated in, 
 such disapproval shall be deemed sufficient ground for 
 the Presbytery rejecting such person, and that he shall 
 be rejected accordingly, and due notice thereof forthwith 
 given to all concerned; but that, if the major part of the 
 said heads of families shall not disapprove of such person 
 to be their pastor, the Presbytery shall proceed with the 
 settlement according to the Rules of the Church : And 
 farther declare, that no person shall be held to be entitled 
 to disapprove as aforesaid, who shall refuse, if required, 
 solemnly to declare, in presence of the Presbytery, that 
 he is actuated by no factious or malicious motive, but 
 solely by a conscientious regard to the spiritual interests 
 of himself or the congregation. 
 
CALLS. 
 
 Overture and Interim Act, with Regulatioiis for carry- 
 ing into effect the Act of Assembly on the Calling of 
 Ministers. 
 
 Edinburgh, June 1, 1835 — Sess. ult. 
 Whereas the General Assembly have declared, enacted, 
 and ordained, in terms of their Act, passed into a law of 
 the Church on the 29th May 1835, on the subject of the 
 moderating in of Calls; and whereas it is necessary, for 
 regulating the forms of proceeding under that Act, that 
 some precise and definite rules should be laid down, it is 
 overtured, That the General Assembly do, therefore, with 
 the consent of a majority of the Presbyteries of this Church, 
 declare, enact, and ordain, that the following Directions 
 and Regulations shall be observed: — 
 
 1. That when a Presentation shall be received by the Moderator 
 of a Presbytery, he shall, within two days after it comes to his hand, 
 call a meeting of Presbytery, to take place not less than eight, nor 
 more than twelve, days from the date of such intimation ; provided 
 that no meeting of Presbytery shall have been already fixed to take 
 place within three weeks; and ihat, if such meeting has been 
 appointed, he shall merely give notice that the Presentation has 
 been received, and will be laid on the table at that meeting. 
 
 2. That, when the Presentation is so laid on the table of the 
 Presbytery, they shall, in the first place, ascertahi that, in the 
 vacant Parish, a Roll of the male heads of families, being members 
 of the Congregation and Communicants in the Church, has been 
 regularly completed in the manner herein-after directed ; and that, 
 having done so, they shall proceed in terms of the 4th Regulation, 
 alter expressed. 
 
 3. That, in case a Roll has not been so completed, they shall at 
 that meeting appoint one of their number to act as Moderator, with 
 the Elders of the parish, to constitute a Kirk-session, or, where 
 there are no Elders, two or more of their own number to act as a 
 Kirk-session, in making up a Roll, in terms of the Regulations 
 hereby enacted; and in such a case, tliey shall not then appoint a 
 day for moderating in a Call, but shall adjourn to another day of 
 meeting, not more than fourteen days thereafter, ordaining a Roll, 
 duly attested, to be then produced to them ; at which meeting, if 
 the Roll shall be completed, approved of, and countersigned, it 
 shall be competent to fix a day for moderating in a Call : It being 
 hereby farther provided, that in no case shall the day for moderat- 
 ing in the Call be fixed, until the Roll shall have been completed 
 to the satisfaction of the Presbytery. 
 
CALLS. 9 
 
 4. That, when any Preshytery shall be prepared to appoint a day 
 for moderating in a Call to the person presented, they siiall appoint 
 one of their own number to preach in tiie Church of the parish on 
 a day not later tiian tlie second Sabbath thereafter; that he shall, 
 on that day, intimate from the pulpit that the person presented will 
 preach in that Church on tiie first convenient Sabbath, so as it be 
 not later than the third Sabbath after such intimation, and also on 
 some other Sabbath; and that he shall, at the same time, intimate 
 that on another day to be fixed, not later than the next Friday after 
 the day last appointed for the presentee to preach, the Presbytery 
 will proceed, within the said Church, to moderate in a Call to such 
 person to be minister of the said parish in the usual way; but that 
 the Presbytery, if they deem it expedient, may appoint the pre- 
 sentee to preach oftener tiian twice, provided that the day for 
 moderating in the Call be not more than six weeks after that on 
 which it was appointed. 
 
 5. That, on the day appointed for moderating in the Call, the 
 Presbytery shall, in the first instance, proc?ed in the same manner 
 in which they are in use at present to proceed. 
 
 G. That if no special objections be stated, and if there shall not 
 bo dissents by a major part of the male heads of families, being 
 members of the Congregation, and in full communion with the 
 Church, according to a list or roll to be made up and regulated in 
 manner herc-in-after directed, the Presbytery shall sustain the Call, 
 and proceed to the trials and settlement of the presentee, according 
 to the Rules of the Church. 
 
 7. That if any special objections to the settlement of the person 
 presented, of whatever nature such objections may be, shall be 
 stated to the Presbytery ; and if such objections appear to be deserv- 
 ing of deliberate consideration or investigation, the Presbytery shall 
 delay the farther proceedings in the settlement till another meeting, 
 to be then appointed, not later than eight days thereafter, and give 
 notice to all parties concerned then to attend, that they may be 
 heard. 
 
 8. That if t\ie special objections so stated affect the moral cha- 
 racter or doctrine of the presentee, so that, if they were established, 
 he would be deprived of his licence, or of his situation in the Church, 
 the objectors shall proceed by libel, and the Presbytery shall take 
 the steps usual in such cases. 
 
 9. That if the special objections relate to the insufficiency or 
 unfitness of the presentee for the particular charge to which he has 
 been appointed, the objectors shall not be required to become 
 libellers, but shall simply deliver, in writing, their sp'-cific grounds 
 for objecting to the settlement, and shall have full liberty to sub- 
 stantiate the same; upon all which the presentee shall have an 
 opportunity to be fully heard, and shall have all competent means 
 of defence: That the Preshytery shall then consider these special 
 objections, and, if it shall appear that they are not sufficient, or not 
 
 A 2 
 
10 CALLS. 
 
 well founded, they shall proceed to the settlement of the presentee 
 according to the Rules of the Church : But if the Presbytery shall 
 be satisfied that the objector or objectors have established that the 
 presentee is not fitted usefully and sufficiently to discharge the 
 pastoral duties in that parish, then they shall find that he is not 
 qualified, and shall, within two days thereafter, intimate the same 
 to the patron, it being always in the power of the different parties 
 to appeal from the sentence pronounced by the Presbytery, if they 
 shall see cause. 
 
 10. That if, at the meeting for moderating in the Call, dissents 
 are tendered by any of the male heads of families, whose names 
 stand on the roll above referred to, without the assignment of any 
 special objections, such dissents shall either be personally delivered 
 in writing by the person dissenting, or taken down from his oral 
 statement by the Moderator or Clerk of the Presbytery. 
 
 11. That if the dissents so lodged do not amount in number to 
 the major part of the persons standing on the roll, and if there be 
 no special objections remaining to be considered, the Presbytery 
 shall sustain the Call, and proceed to the trials and settlement 
 according to the Rules of the Church. 
 
 12. That if it shall appear that dissents have been lodged by an 
 apparent majority of the persons on the said roll, the Presbytery 
 shall adjourn the proceedings to another meeting, to be held not 
 less than ten free days, nor more than fourteen, thereafter. 
 
 13. That it shall not be competent to receive any dissents with- 
 out cause assigned, except such as shall be duly given in at the 
 meeting for moderating in the Call, as above provided; but it shall 
 be competent to any person, who may have lodged a dissent at that 
 meeting, to withdraw such dissent at any time before the Presby- 
 tery shall have given judgment on the effect of the dissents. 
 
 14. That in case the Presbytery shall, at the second meeting 
 appointed, find that there is not truly a majority of such persons 
 on the roll dissenting, they shall sustain the Call, and proceed to 
 the trials and settlement according to the Rules of the Church. 
 
 15. That in case the Presbytery shall at that meeting find that 
 there is a majority of the persons on the roll dissenting, it shall be 
 competent to the Patron or the Presentee, or to any member of the 
 Presbytery, to require all or any of the persons so dissenting to 
 appear before the Presbytery, at a meeting to be appointed, to take 
 place within ten days at farthest, at some place within the Parish, 
 and there and then to declare in terms of the Resolution of the 
 General Assembly; and, if any such person shall fail to appear, 
 after notice shall have been duly given to him, or shall refuse to 
 declare in the terms required, the name of such person shall be 
 struck off the list of persons dissenting, and the Presbytery shall 
 determine whether there is still a major part dissenting or not, and 
 proceed accordingly. 
 
 16. That if the Presbytery shall find that there is at last a major 
 
CALLS. li 
 
 part of the persons on the roll dissenting, they shall reject the 
 person presented, so far as regards the particular presentation, and 
 the occasion of that vacancy in the parish ; and shall, within two 
 days thereafter, intimate this their determination to the Patron, the 
 Presentee, and the Elders of the Parish. 
 
 17. That if the Patron shall give a presentation to another per- 
 son within the time limited by law, the proceedings shall again take 
 place in the same manner as above laid down ; and so on in regard 
 to successive presentations within the time. 
 
 18. That if no Presentation shall be given within the limited 
 time, to a person from whose settlement a majority on the roll do 
 not dissent, or who shall not be excluded in consequence of special 
 objections, the Presbytery shall then supply the vacancy, tanqiiuvi 
 
 jure dcvoluto. 
 
 19. That cases of Settlement by the Presbytery jure devolufo 
 shall not fall under the operation of the regulations in this and the 
 relative Act of Assembly, but shall be proceeded in according to 
 the general Laws of the Church applicable to such cases. But every 
 person who shall have been previously rejected, shall be considered 
 as disqualified to be inducted into that parish on the occasion of 
 that vacancy. 
 
 20. That, in order to ascertain definitively the persons entitled, 
 at any particular time, to give in Dissents, every Kirk-session v/hich 
 has not already made up a Roll of the Male Heads of Families, in 
 conformity to the enactment of last General Assembly, shall, within 
 three months of the rising of this present General Assembly, make 
 up a Roll of the Male Heads of Families who are Members of the 
 Congregation, and who are, at the date thereof, and have been for 
 at least twelve months previous thereto, in full communion with the 
 Church. And, lest any doubt should arise as to who are heads of 
 families, it is hereby declared, that the term includes unmarried 
 men and widowers as well as married men, provided they occupy 
 houses of which they are proprietors or tenants, and eldest sons 
 when their fathers are deceased, provided they are of the age of 
 21 years or upwards, and reside in the same house with their 
 mothers. 
 
 21. That the Roll so made up shall be open to inspection by any 
 parishioner or member of the Congregation, for the space of one 
 week, and thereafter shall be authenticated by the Moderator and 
 Session-Clerk, and then transmitted to the Presbytery; and after 
 being inspected by the Presbytery, and countersigned on each page 
 by the Moderator, shall be returned to the Kirk-session, and form 
 part of its record for the foresaid purposes. 
 
 22. That the said Roll shall be revised and readjusted, imme- 
 diately after the occasion of dispensing the Sacrament in the Parish 
 which shall have last preceded the 22d of November in each year, 
 and shall be retransmitted to the Presbytery before the expiry of 
 the first week of December. 
 
12 CALLS. 
 
 23. That the said List or Roll, as last revised before the vacancy 
 in the Parish, where a Roll has been duly made up, revised, and 
 authenticated, shall be the only Roll for determining the persons 
 entitled to be reckoned in any dissents to be offered in the manner 
 above set forth, against the admission of any Presentee to be Mi- 
 nister, in the moderating in a Call, provided that it shall not be made 
 to appear that they, or any of them, have ceased to be members of 
 the congregation. 
 
 24. That, in all cases in which the Roll has been regularly made 
 up, revised, and authenticated before the vacancy, such Roll shall 
 be held to be conclusive as to the parties entitled to dissent in the 
 moderation of a Call for supplying that vacancy; and it shall not 
 be competent to state any objections against it. 
 
 25. That, in case any appeal shall be taken against any judgment 
 or proceeding of the Presbytery, previous to the time when they are 
 prepared either to proceed to the settlement, or to declare the 
 Presentee to be disqualified and reject the presentation, such appeal 
 shall not sist procedure; but the Presbytery, if they resolve to 
 proceed to the settlement, shall delay doing so till the appeal be 
 discussed; and, if they reject the Presentee, it shall be stiU compe- 
 tent to him to discuss the merits of any appeal which may have 
 been duly entered. 
 
 26. That, in the districts of Orkney and Zetland, the Synod of 
 Glenclg, and the Synod of Argyle, the number of days appointed by 
 this Act with regard to meetings and for other purposes, shall be 
 double the number above provided. 
 
 27. That the Regulations in this Act shall be applied to all 
 cases of Vacancies in which the Presbytery has not already ap- 
 pointed a day for moderating in the Call : But the General Assembly 
 hereby renew and continue the Interim Act with Regulations, 
 enacted and transmitted by last Assembly, in regard to all cases in 
 which the day for moderating in the Call may have been already 
 appointed; declaring it to be still in force as to all such cases, but 
 no others. 
 
 28. That the Presbyteries of the Church are hereby enjoined to 
 use all diligence to see that the Regulations hereby laid down are 
 duly observed and followed out; and also to use their utmost en- 
 deavours to bring about harmony and unanimity in Congregations, 
 and be at pains t-) avoid every thing which may excite or encourage 
 unreasonable exceptions in people against a worthy person, who 
 may be proposed to be their minister. 
 
 The General Assembly agree ivitliout a vote to trans- 
 mit the above Overture and Regulations to Pres- 
 byteries for their opinion ; and^ in the mean time, 
 they convert the same into an Interim Act, 
 
CALLS. 13 
 
 The General Assembly, in transmitting this revised 
 and amended Overture for regulating the due execution 
 of the Act of Assembly on the Calling of Ministers, now 
 passed into a standing law of the Church, think it of 
 importance that the people of the Parishes in Scotland 
 should not be misled as to the nature and eifect of that 
 Act. It gives to them a negative voice against the in- 
 trusion of any Minister into the Parish, whom they are 
 compelled, under the solemn sanction of their conscien- 
 tious belief as Christians, uninfluenced by any extraneous 
 consideration, to declare to be unfit for the Ministry in 
 that Parish. But the Act is not intended to confer any 
 rights of a different nature ; and any attempt to wrest it 
 to other purposes must defeat its object, and injure the 
 fair interests of the people, which it is meant to protect. 
 All canvassing and caballing, therefore, for obtaining the 
 appointment of a particular person to be Minister, and 
 all combination beforehand for that purpose, are incon- 
 sistent with the principle of the Act, and ought to disable 
 every man who acts with a due regard to his Christian 
 character, whatever may be his opinion on the law of 
 Patronage, from conscientiously declaring in the terms 
 which may be required of him. The Act has been pro- 
 posed, and after much deliberation passed, by the whole 
 Church, tor the benefit of the people, according to the 
 view taken by the movers of it, of their rights under the 
 existing law. But, in order that it may have any chance 
 of producing such benefit, it must be fairly acted on by 
 the Patrons, the Presbyteries, and the People — each 
 party using the rights, and discharging the duties, be- 
 longing to each, with the honest and single purpose of 
 obtaining a good and faithful Minister for the Parish. 
 It is only when this spirit shall duly influence all the 
 parties, that any measure devised by the General As- 
 sembly of the Church can be expected to accomplish the 
 great ends for which it is intended — the spiritual edifica- 
 tion of the people, their peace, happiness, and prosperity, 
 and the strength and stability of the Church of Scot- 
 land. 
 
14 CALLS. 
 
 NOTES. 
 
 The foregoing documents, on the important subject of 
 Calls, exhibit the present posture of the Law of the 
 Church in this matter ; but as discussions connected 
 with, and arising out of it, may be expected to emerge 
 not only in the Ecclesiastical, but also in the Civil 
 Courts (there is indeed one cause already in the Court 
 of Session), and perhaps even in Parliament, it appears to 
 be expedient to give a short historical sketch of the pro- 
 gress which this innovation has made within the last 
 four years. 
 
 Although, prior to the year 1832, there were occa- 
 sional indications visible of a wish to effect some legisla- 
 tive innovations relative to the settlement of Ministers in 
 Parochial Charges, it was not till the General Assembly 
 of that year that it was first fully and solemnly debated. 
 The question was brought up by Overtures from three 
 Synods and eight Presbyteries ; and the merits of these 
 were discussed on the 24th of May 1832. 
 
 In the course of the debate, a motion was made by 
 Professor Brown of Marischal College, Aberdeen, *' That 
 the General Assembly, having considered and deliberated 
 on these Overtures, and finding that they related to a 
 subject of great importance, on which various opinions 
 appear to be entertained, remit the said Overtures to a 
 Committee, with instructions to consider the same, and 
 report to next Assembly." Another motion was made 
 by Principal M'Farlan of the University of Glasgow, 
 " That the Assembly judge it unnecessary and inexpe- 
 dient to adopt the measures recommended in the Over- 
 tures now before it." On a division. Principal M'Farlan's 
 motion was carried by a majority of 42 ; 127 members 
 having voted for it, and only 85 for Dr Brown's motion. 
 In 1833, seventeen Presbyteries and five Synods sent 
 up to the General Assembly Overtures on the same sub- 
 ject, and on the 23d of May that year the matter was 
 again fully and ably debated. A declaratory resolution 
 was moved by Dr Chalmers, of the following tenor : — 
 " It was moved and seconded, That the General As- 
 
CALLS. 15 
 
 sembly, having maturely weighed and considered the 
 various Overtures now before them, Do find and declare 
 that it is, and has been ever since the Reformation, a 
 fixed principle in the law of this church, that no mini- 
 ster shall be intruded into any pastoral charge contrary 
 to the will of the congregation ; and considering that 
 doubts and misapprehensions have existed on this import- 
 ant subject, whereby the just and salutary operation of 
 the said principle has been impeded, and in many cases 
 defeated, the General Assembly farther declare it to be 
 their opinion, that the dissent of a majority of the male 
 heads of families resident within the parish, being mem- 
 bers of the congregation, and in communion with the 
 church at least two years previous to the day of modera- 
 tion, whether such dissent shall be expressed with or 
 without the assignment of reasons, ought to be of con- 
 clusive effect in setting aside the Presentee (under the 
 Patron's nomination), save and except where it is clearly 
 established by the Patron, Presentee, or any of the mi- 
 nority, that the said dissent is founded in corrupt and 
 malicious combination, or not truly founded on any ob- 
 jection personal to the presentee, in regard to his mini- 
 sterial gifts or qualifications, either in general, or with 
 reference to that particular parish; and in order that this 
 declaration may be carried into full effect, that a commit- 
 tee shall be appointed to prepare the best measure for 
 carrying it into effect accordingly, and to report to the 
 next General Assembly." 
 
 A counter resolution was moved by Dr George Cook 
 of St Andrew's University, to the following effect : — 
 
 " The General Assembly declare, that in all cases 
 in which a person is presented to a vacant parish, it is, 
 by the law of the church, sanctioned by the law of the 
 land, competent for the heads of families in full and regu- 
 lar communion with the church, to give in to the Pres- 
 bytery within the bounds of which the vacant parish lies, 
 objections, of whatever nature, against the presentee, or 
 against the settlement taking place — that the Presbytery 
 shall deliberately consider these objections, and that, if 
 they find them unfounded, or originating from causeless 
 
16 CALLS. 
 
 prejudices, they shall proceed to the settlement ; but if 
 they judge that they are well founded, that they reject 
 the presentation, the presentee being' unqualified — it being 
 competent to the parties to appeal from the sentence pro- 
 nounced if they shall see cause." 
 
 On a division, 149 voted for Dr Cook's declaratory 
 resolution, and 137 for Dr Chalmers', making a majority 
 in favour of the former of 12. 
 
 The practical application of this decision was superseded 
 by W'hat took place in the Assembly of 1834, which is 
 thus recorded in its minutes of Tuesday 29th May : — 
 
 " The General Assembly called for the Overtures re- 
 lating to the Calling of Ministers. The Overtures from 
 the Synod of Lothian and Tweeddale, from the Synod 
 of Aberdeen, and the Presbytery of Inverness, were 
 read. After reasoning, the following motion was made* 
 and seconded, That the General Assembly having ma- 
 turely considered the Overtures, do declare, that it is a 
 fundamental law of the church, that no pastor shall be 
 intruded on any congregation contrary to the will of the 
 people ; and that, in order to carry this principle into 
 full effect, the Presbyteries of this church shall be in- 
 structed, that if, at the moderating in a call to a vacant 
 pastoral charge, the major part of the male heads of fami- 
 lies, members of the vacant congregation, and in full com- 
 munion with the church, shall disapprove of the person 
 in whose favour the call is }>roposed to be moderated in, 
 such disapproval shall be deemed sufficient ground for 
 the Presbytery rejecting such person, and that he shall 
 be rejected accordingly, and due notice thereof forthwith 
 given to all concerned ; but that, if the major part of 
 the heads of families shall not disapprove of such person 
 to be their pastor, the Presbytery shall proceed with the 
 settlement according to the rules of the church ; and far- 
 ther declare, that no person shall be held to be entitled 
 to disapprove as aforesaid, w ho shall refuse, if required, 
 solemnly to declare in presence of the Presbytery, that 
 he is actuated by no factious or malicious motive, but 
 
 • By Lord Moncreiff. 
 
CALLS. 17 
 
 solely by a conscientious regard to the spiritual interest 
 of himself or the congregation ; and resolve, that a com- 
 mittee be appointed to report to a future diet of this As- 
 sembly, in what manner, and by what particular mea- 
 sures, this declaration and instruction may be best carried 
 into full operation. 
 
 " It was also moved and seconded, That the General 
 Assembly adhere to the declaratory law of last Assembly, 
 approve of the report of the committee of last Assembly 
 for preparing regulations, and direct Presbyteries to pro- 
 ceed in terms thereof. The vote being called for, it was 
 agreed that the state of the vote should be first or second 
 motion ; and the roll being called, and votes marked, it 
 carried first motion by 184 to 139 : And therefore the 
 General Assembly declare in terms of the first motion. 
 Against this resolution Dr Mearns dissented, and to his 
 dissent 105 other members gave in their adherence, sub- 
 scribed by their names. 
 
 " A committee was appointed to report to a future diet 
 of this Assembly, in what manner, and by what particular 
 measures, this declaration and instruction may be best 
 carried into full operation." 
 
 "Saturday, Maij 31, 1834.— aS'^^^. 10. 
 " Reasons of dissent, signed by Dr Mearns and 105 other 
 members of Assembly, against the deliverance of Tuesday 
 last, on the overtures relating to the Calling of Ministers; 
 and additional reasons of dissent by the Dean of Faculty 
 on the same subject, were read and ordered to be kept in 
 retentis, and to be recorded in the separate register of 
 dissents. 
 
 " The General Assembly then proceeded to the consider- 
 ation of the regulations on the Calling of Ministers, which 
 had been read and laid on the table yesterday. It was 
 moved, That the Assembly — firmly adhering to the prin- 
 ciple laid down in the resolution, that it is a fundamental 
 law of the church, that no pastor shall be intruded into 
 any parish contrary to the will of the people — do yet, in 
 deference to doubts expressed on this subject, resolve. 
 
18 CALLS. 
 
 that the said resolution of the Assembly be converted 
 into an overture, and transmitted to the Presbyteries of 
 this Church for their approbation, and that the same be 
 enacted as an Interim Act. Another motion was made 
 and seconded, that the resolution having been approved 
 of by a majority of this Assembly, it be now converted 
 into an overture, and transmitted to Presbyteries, along 
 with the regulations proposed by the committee for their 
 consideration. After reasoning, the Assembly allowed 
 the second motion to be withdrawn ; and it was agreed 
 that the said resolution be converted into an overture, 
 and transmitted to the Presbyteries of this Church for 
 their approbation ; and without a vote, that the same be 
 enacted as an Interim Act. Against which last special 
 finding, Mr Bisset entered his dissent, to which dissent 
 adhered Dr Mearns and twenty other members." 
 
 The principles of these several resolutions were then 
 embodied in the following Overture and Interim Act on 
 Calls :— 
 
 " Edinburgh, MaySl, 1834. 
 
 "The General Assembly declare. That it is a fundamen- 
 tal law of this church, that no pastor shall be intruded on 
 any congregation contrary to the will of the people ; and, 
 in order that this principle may be carried into full effect, 
 the General Assembly, with the consent of a majority of 
 the Presbyteries of this Church, do declare, enact, and 
 ordain. That it shall be an instruction to Presbyteries, that 
 if, at the moderating in a call to a vacant pastoral charge, 
 the major part of the male heads of families, members of 
 the vacant congregation, and in full communion with the 
 church, shall disapprove of the person in whose favour 
 the call is proposed to be moderated in, such disapproval 
 shall be deemed sufficient ground for the Presbytery re- 
 jecting such person, and that he shall be rejected accord- 
 ingly, and due notice thereof forthwith given to all con- 
 cerned ; but that, if the major part of the said heads of 
 families shall not disapprove of such person to be their 
 pastor, the Presbytery shall proceed with the settlement 
 
CALLS. 19 
 
 according- to the rules of the church : And further, declare, 
 that no person shall be held to be entitled to disapprove 
 as aforesaid, who shall refuse, if required, solemnly to 
 declare, in presence of the Presbytery, that he is actuated 
 by no factious or mahcious motive, but solely by a con- 
 scientious regard to the spiritual interests of himself or 
 the congregation. 
 
 " The General Assembly agree to transmit the above 
 Overture to Presbyteries for their opinion, and, without 
 a vote, convert the same into an Interim Act." 
 
 This Overture, thus converted into an Interim Act, 
 was accompanied by another Overture, with Regulations, 
 for carrying it into effect, which was dated June 2, 
 1834. 
 
 It is unnecessary to copy these, because they were not 
 at next Assembly found to be sanctioned by a majority of 
 Presbyteries ; but they were, in the first instance, clothed 
 with the authority of an Interim Act in these terms : — 
 
 " The General Assembly agree to transmit the above 
 Overture and Regulations to Presbyteries for their opi- 
 nion ; and, in the mean time, without a vote, they con- 
 vert the same into an Interim Act. 
 
 " The General Assembly farther declare, that cases in 
 which the vacancies have taken place before the rising of 
 the present Assembly, shall not fall under the operation 
 of the regulations in this and the relative Act of Assembly, 
 but shall be proceeded in according to the general laws 
 of the church." 
 
 In this singular and somewhat anomalous state, these 
 interim acts and regulations necessarily remained till the 
 Assembly 1835. The subsequent proceedings are thus 
 recorded in the minutes : — 
 
 "May 29, 1835. 
 
 " The General Assembly called for the report of the 
 committee for classing returns to overtures, in so far as 
 they relate to Calls, which, having been read on Wednes- 
 day, and having been printed and circulated among the 
 members, was now taken into consideration without being 
 again read. After reasoning, it was moved and seconded, 
 
20 «ALfcS. 
 
 That the General Assembly, having considered the 
 report of their committee for classing the returns to over- 
 tures, find that a majority of Presbyteries have given 
 their consent to the ' Overtures on Calls,' transmitted by 
 the last Assembly ; and therefore the Assembly did, and 
 hereby do, enact and ordain that the said overture shall 
 be held and acted upon in all time coming as a standing 
 law of this church : And the General Assembly farther 
 find that the ' overture, with regulations for carrying 
 the above act into effect,' also transmitted by last As- 
 sembly, has not received the consent of a majority of 
 Presbyteries, but that various important suggestions on 
 the subject of it have been sent up by Presbyteries who 
 do not approve thereof as it stands ; and the Assembly do 
 therefore remit to a committee to consider the said act, 
 with regulations, and the returns thereon, and to report 
 on Monday, in order that the said a^t, or an amended 
 act, for the same end and effect, may, if approved of, be 
 again transmitted and passed as an interim act. 
 
 " Another motion was made and seconded. That the 
 General Assembly, being satisfied that this ov^erture is, 
 in its declaratory statement of the law, ambiguous and 
 liable to be misinterpreted ; that it contains a provision 
 limiting improperly the privileges of members of congrega- 
 tions, and virtually setting aside the authority of the 
 church in judging of the qualifications of ministers; and 
 that no means have been devised by which it can be car- 
 ried in to practical operation — did, and hereby do, find, that 
 though approved of by a majority of Presbyteries, it ought 
 not to be converted into a standing law of this church ; 
 but being desirous to employ all the means in their power 
 for promoting the comfortable settlement of parishes, 
 giving due weight to the wishes of congregations, and 
 maintaining the lawful authority of the ecclesiastical 
 courts, appoint a committee to prepare the draft of a mea- 
 sure founded on those principles, and to report the same 
 to a future diet of this Assembly. The vote being called 
 for, it was agreed that the state of the vote should be 
 first or second motion ; and the roll being called and votes 
 marked, it carried first motion by a majority of 178 to 
 
CALLS. 21 
 
 124. Against which judgment, Principal M'Farlan and 
 several other members entered their dissent. A com- 
 mittee was then appointed in terms of the said judgment, 
 to whose consideration were referred all the overtures on 
 the regulations as to calls." 
 
 ''June 1, 1835. 
 " The General Assembly called for the report of the 
 committee for revising and amending the regulations for 
 carrying into effect the act on calls, which was given in 
 by Lord Moncreiff, the convener. Various amendments 
 were moved, but not insisted on ; and, particularly, it was 
 moved and seconded, that persons proved to have com- 
 bined for the purpose of obtaining the appointment of a 
 particular candidate, shall be considered as actuated by 
 factious motives, and shall not be permitted to make the 
 declaration prescribed in the general overture ; and if that 
 declaration be required by the Presbytery, or by any of 
 the parties In the case, shall have their names struck off 
 from the list of dissents. Ihis motion was negatived 
 without a division. It was also moved and seconded, 
 that the 14th article stand thus — that in case the Presby- 
 tery shall, at the second meeting appointed, find that 
 there Is not truly a majority of such persons on the roll 
 dissenting, they shall proceed to the settlement according 
 to the rules of the church. It was agreed that the state 
 of the vote should be motion or not ; and the roll being 
 called and votes marked, it carried not by a majority of 
 96 to 82. It was moved and seconded, that if it be proved 
 that any canvassing take place In favour of a presentee, 
 or influence be used with the parishioners to give a call, 
 or be used to prevent their dissenting ; in any of these 
 cases the presentee shall be held to be qualified, and the 
 presentation shall not be sustained by the Presbytery. 
 This motion was negatived without a division. It was 
 then moved and agreed to without a vote, that the regu- 
 lations shall be transmlttted to Presbyteries for their opi- 
 nion, and converted into an Interim act. From this resolu- 
 tion Dr Mearns (.isscnted, for reasons given in ; to which 
 dissent Dr Lee, Mr Whigham, Mr Smith, Mr Paul, Mr 
 
^2 
 
 CALLS. 
 
 Alton, and Mr James Robertson, adhered. Mr Gibbon 
 also dissented, for reasons given in." 
 
 These authentic memorials of the proceedings which 
 terminated in the Acts and Regulations of 1835, as given 
 in the text, may be suitably closed with the reasons of 
 dissent, entered on the record by a numerous body of the 
 members. 
 
 Reasons of Dissent from the Deliverance of the General 
 Assembly^ May 29, 1835, regarding the Interim Act 
 and Overture on Calls, 
 
 I. Because, even were the provisions of this Interim 
 Act and Overture of a constitutional and salutary charac- 
 ter, it is inexpedient, in hoc statu, as the dissentients 
 think, to convert it into a Standing Law ; inasmuch as, 
 from the Report of the Committee for Classing Returns 
 to Overtures, it appears, that although forty-seven Pres- 
 byteries approve, yet, in eight of the Returns made by 
 those Presbyteries, objections are stated against articles 
 in the second Overture, entitled *' Overture with regula- 
 tions for carrying into effect the Overture on Calls," 
 w^hich affect the provisions or expressions found in the 
 said first Overture ; whence it is, in the opinion of the 
 Dissentients, at least doubtful, whether the Overture in 
 question can strictly be considered as approved by a ma- 
 jority of Presbyteries. 
 
 II. Because so intimate is the connection subsisting 
 between these two Overtures — the second, as its pream- 
 ble bears, containing precise and definite rules "neces- 
 sary" for the better regulating the forms of procedure un- 
 der the first — that it appears to the Dissenti-ents prema- 
 ture and inept to convert into a standing law the former, 
 while not only is the approbation of Presbyteries wanting 
 to the latter, but numerous and weighty objections to its 
 provisions are laid on the Assembly's table. 
 
 III. Because the constitutional principle which, under 
 different forms of expression, more or less qi^alified, per- 
 vades the Standards, Laws, and Usages of this Church, 
 
CALLS. 23 
 
 recognizing the right of Congregations to be consulted 
 in the settlement of Ministers, and to signify their consent 
 or their dissent, with reasons, to be judged of before in- 
 duction granted by the Judicatories of the Church, is, in 
 this enactment, expressed in such general terms, as must, 
 unaccompanied with regulations limiting and directing its 
 application, be productive of misapprehensions on the part 
 of Congregations, and of inconsistencies in the procedure 
 of Presbyteries, highly injurious to the peace and unity 
 of the Church. 
 
 IV. While the above principle is declared in a manner 
 so unrestricted and so apt to mislead, a subsequent pro- 
 vision limits, in an unconstitutional manner, the privi- 
 leges of the Congregations contemplated by the enact- 
 ment to " male heads of families;" and while it confers 
 on the latter body a power never possessed by the Con- 
 gregation, or any portion thereof, viz., a power to preclude 
 the settlement of a Minister by the mere expression of 
 disapproval, without reasons assigned, it deprives of the 
 right to give in objections, of whatever kind, all members 
 of the Congregation excepting those designated as above. 
 
 V. Because, by the operation of this Act, the Judica- 
 tories of the Church being no longer in exclusive pos- 
 session of their constitutional right of judging in all ques- 
 tions of the qualifications of Ministers, the security by 
 that right afforded to the purity of the ministerial charac- 
 ter, the just rights of Probationers, and the independence 
 and unity of the Church, is destroyed. 
 
 VI. Because, in the opinion of the Dissentients, there 
 is in this enactment an assumption of powers not belong- 
 ing to the Church, which must produce collision with the 
 civil authorities, or render unavoidable an application ta 
 Parliament for the sanction of the Legislature to the pro- 
 visions of this Act ; either of which results, particularly 
 in the present tim.es, the Dissentients do most earnestly 
 deprecate, 
 
 VII. In concluding the Reasons for which they dis- 
 sent from the enactment of this Overture into a standing 
 law, the undersigned declare, with most painful feelings, 
 that they are compelled, by a sense of duty to that vener- 
 
24 
 
 CALLS. 
 
 able Church to which they are devotedly attached, thus 
 to bear solemn testimony against the momentous and 
 ruinous changes of which this enactment must, in their 
 judgment, prove introductory. 
 
 D. IMacfarlan, D.D. 
 Du. Mearns, D.D. 
 George Cook, D.D. 
 Leven and IMelville 
 Wm. Jardine, Bart. 
 James Paul, TJin. of TuUynessle 
 Norman Lockhart, W. S. 
 Archd. Browne, for these and sepa- 
 rate reasons 
 George Henderson, Min. of Cullen 
 Charles Gibbon, INIin. of Lonmay 
 Walter Cook, W.S. 
 Rob. Smythe, of ISIethven 
 Alex. Peterkin 
 Alex. Brunton, D. D. 
 J. Borthwick, of Crookston 
 Carlyle Bell, W\ S. 
 Robt. Whighara, Advocate 
 John Alton, Min. of Dolphinton 
 Alex. H. IM'Lean, Min. of Syming- 
 ton 
 P. J. Stevenson, ISIin. of Cupar- An- 
 gus 
 Geo. Addison, D.D. IMin. of Liff and 
 
 Benvie 
 James Farquharson, INIin. of Alford 
 D. Boyle 
 
 Robert IMilne IVliUer. iMin. of Aboyne 
 James Cruickshank, ]Min. of Turreff 
 John Anderson, IMin. of Nevvburgh 
 Dug. N. Campbell, Min. of Kilmore 
 Rod. Reid, Mm. of Waternish 
 John Bryden, IMin. of Sandsting 
 A. G. Carstairs, D.D. Min. of An- 
 
 struther W. 
 Alexander Gibbon, of Johnstone 
 William Boswell, Advocate 
 Wm. Cam.pbell, of Netherpkce 
 John Bethune, IMin. of Bernera 
 Thos. Marjoribanks, Min. of Loch- 
 
 maben 
 Jas. M'Innes, S.S.C. 
 George Smith, Min. of Penpont 
 John Cook, IMin. of Laurencekirk 
 John Campbell, Bart. 
 John Morrison, Min. of Deer 
 
 John Bowie, W.S. 
 John Buchanan, Min. of Kingarth 
 Robt. Meiklejohn, IMin. of Strathdon 
 Thos. Hill, Min. of Logie-Pert 
 John Lee, D.D. for the above and 
 
 separate reasons 
 J. INIuir IMackenzie, Bart. 
 Robert Haldane, D.D. 
 J. Anstruther, W.S. 
 
 C. Campbell, of Jura 
 
 J. Flowerdew, Min. of Essie 
 
 David Cannan, D.D. Min. of Maim 
 
 and Strathmartine 
 Z. M. Hamilton, IMin. of Bressay 
 A. B. IMurray, Min. of IMouswald 
 Robert Copland, Min. of Durris 
 Alex. Maxtone, IMin. of Fowlis 
 
 D. Campbell, Min. of Southend 
 James INIilne, Min. of Arbuthnott 
 Allan Stewart, IMin. of Kinneff 
 James Robertson, W.S. 
 George Gray, Min. of IMaybole 
 Thomas Nelson, IMin. of Auchterga- 
 
 ven 
 Francis Knox, IMin. of Tarves 
 John Macleod, D.D. Min. of Dun- 
 
 donald 
 J. INL Cunnynghame, Min. of King- 
 lassie 
 Duncan Clerk, Min. of Torosay 
 William Liston, Min. of Redgorton 
 Geo. Graham Bell, Advocate 
 Thos. Bruce, of Langlee 
 Charles Fergusson, Advocate 
 I. Bayley 
 Dugald S. Williamson, IMin. of Tong. 
 
 land 
 Robert John Robertson, Min. of 
 
 Forte viot 
 Alex. Lawson, Min. of Creich 
 James Robertson, Min. of Ellon 
 James Roddick, IMin. of Gretna 
 Ja. Monilaws, Min. of Annan 
 John Somerville, D.D. IMin. of Currie 
 Wm. IMerson, IMin. of Crail 
 Archd. Craig, Min. of Bedrule 
 
CALLS, 25 
 
 Reasons of Dissent against enacting and transmitting 
 the Regulations as to the Calling of Ministers, 
 
 Referring to Reasons of Dissent given in by Principal 
 Macfarlan and Others, against the General Enactment 
 which the Regulations now adopted are intended to carry 
 into effect, and waiving special objections militating 
 against particular Regulations — 
 
 I Dissent, 
 
 Because neither this nor any other Directorv or coc-.c 
 of Regulations issued hy the Church, does or can render that com- 
 petent or practicable which is ultra vires of the Church to onac!-, or 
 convert into a constitutional and salutary measure that which sub- 
 verts the rights, and throws into confusion the proceeding; of Pres- 
 byteries — and which must, in the judgment of the Dissentient, form 
 the ready b:isis of decisions of this Court, contrary to the common 
 rules of evidence, and in violation of the plain principles of justice. 
 
 (Signed) Du. Mearxs, and Others. 
 
 Reasons of Dissent from the dcliverartce of the General 
 Asscinhlg, May 29, 1835, regarding the Interim Act 
 and Overture on Calls. 
 
 I. The Preamble of the Act incorrectly assumes it to 
 be a Fundamental Law of this Church, that the major 
 part of a Congregation possesses a power of peremptorily 
 rejecting a Presentee, without substantiating any valid 
 objections, and without waiting for tlie judgment of the 
 Presbytery, either with respect to liis qualifications in 
 general, or with respect to the validity of the objections 
 which may be offered. It is denied that this assumption 
 is countenanced by the fair construction of airr express 
 statute which has ever been regularly passed and j)romuI- 
 gated by this National Church. 
 
 II. The measure is not only unsupported by any posi- 
 tive law, or any acknowledged j)recedent, but has the 
 effect of superseding, and indeed virtually abolishing, the 
 constitutional power which, by the laws both of the 
 Church and State, is asserted to belon": to Presbyteries 
 
 B 
 
26 
 
 CALLS, 
 
 and superior Church Judicatories, of deciding on the qua- 
 lifications of all candidates for the Ministry, whether in 
 respect to their literature, doctrine, and life, or their ap- 
 titude for the particular charge to which they may be 
 appointed. 
 
 III. The x\ct at once deprives Presentees of the right 
 of appeal, and Members of Presbyteries of the right of 
 complaint, in every case of the disapproval of a Presentee 
 by a majority of the people of any Congregation ; and, 
 what is at least an equal hardship, it prevents the mino- 
 rity of the heads of families in a Congregation, though 
 such minority may possibly be the more intelligent and 
 experienced, as well as the worthier part, from obtaining 
 any redress against the unexplained decision of a multi- 
 tude, who may have been surprised into erroneous views 
 by leaders in whom they reposed undue confidence, or 
 who, without any such undue influence, may have rashly 
 and capriciously conceived prejudices against one candi- 
 date, and predilections in favour of another, though 
 greatly inferior in talents, in character, and in every pro- 
 fessional excellence. 
 
 IV. The Act has a manifest tendency to discourage 
 young men of the most promising gifts and ingenuous 
 dispositions from prosecuting the study of Divinity, as 
 they can seldom be expected to possess the peculiar cha- 
 racteristics which are calculated to recommend them to 
 the countenance and approbation of those guides, whose 
 oracular, but not infallible, testimony is the surest pass- 
 port to the popular favour. 
 
 V. The Act is not calculated to confer any substantial 
 boon on the people, and is notoriously so far from being 
 satisfactory to such of them as have been calling most 
 loudly for "a change, that they hail it only as a step to- 
 wards farther innovations. 
 
 VI. The entire character, bearing, and scope of this 
 new and hitherto untried scheme, must ultimately lead to 
 the establishment of such an influence of the people in the 
 legislation and government of the Church, as was claimed 
 two centuries ago by the Brownists, Independents, and 
 other anarchists, and as was then earnestly protested 
 
CHAPELS. 27 
 
 against by all the sound and genuine adherents of the 
 form and order of our Presbyterian Establishment. 
 
 VII. It is obvious that no practical benefit can be se- 
 cured, and no uniformity of proceedings established, by 
 passing an Act of this general character, unaccompanied 
 by regulations for the purpose of carrying it into effect. 
 
 John Lee John Bowie, W. S. 
 
 Rob. Smythe David Cannan 
 
 Rob. Whigham J. Borthwick, Advocate 
 
 Robert John Robertson, Min. of For- John Aiton, IVIin. of Dolphinton 
 
 teviot John Buchanan, Kingarth 
 
 Alex. H. INIaclean, Min. of Symington George Gray, Maybole 
 
 George Smith, Min. of Penpont Charles Fergusson, for the 1st, 2(1, 
 Carlyle Bell, W. S. 3d, 4th, 6th, and 7th reasons 
 
 CHAPELS. 
 
 Declaratory Enactment as to Chapels of Ease, 
 (Act 9.) 
 
 Edinburgh, May 31, 1834 Sess, 10. 
 
 The General Assembly of the Church of Scotland, 
 without a vote, approve of the report of their Committee, 
 and did, and hereby do, enact and declare, That all 
 Ministers already inducted and settled, or who shall 
 hereafter be inducted and settled, as Ministers of 
 Chapels of Ease, presently erected and established, or 
 which shall be hereafter erected and established, in terms 
 of the Act anent Chapels of Ease, of 1798, or prior 
 thereto, by authority of the General Assembly, or by the 
 Presbyteries of the bounds, are, and shall be, constituent 
 members of the Presbyteries and Synods within whose 
 bounds the said Chapels are, or shall be respectively 
 situated, and eligible to sit in the General Assembly; 
 and shall enjoy every privilege as fully and freely, and 
 with equal powers, with Parish Ministers of this Church; 
 hereby enjoining and requiring all Presbyteries, Synods, 
 Church Courts, and Judicatories, within whose bound-? 
 the said Chapels are, or shall be situated, to receive and 
 enrol the said Ministers as members thereof, and put them 
 
28 CHAPELS. 
 
 in all respects on a footing of Presbyterian equality with 
 the Parish Ministers of this Church; a^iving-, granting, 
 and committing to the said Ministers the like powers and 
 authority and privileges now pertaining to Ministers of 
 this Church, within their respective bounds : And, fur- 
 ther, the General Assembly did, and hereby do, remit to 
 the Presbyteries within whose bounds the said Chapels 
 now established are situated, to allot and assign to each 
 of the said Chapels a territorial district, and to erect such 
 districts into separate parishes quoad sacra^ and to disjoin 
 the same quoad sacra from the parishes whereof they at 
 present form parts; and also to take the necessary measures 
 for selecting and ordaining, according to the rules of the 
 Church, for each of the said districts so to be erected, a 
 body of Elders who, with the said Ministers respectively, 
 may exercise sessional jurisdiction within the same: And 
 the Assembly instruct Presbyteries to be cautious not to 
 assign a more populous district than it seems possible to 
 attend to; provided always, that it shall be understood 
 that the Chapels to be erected into parishes shall first 
 have been constituted according to the laws of this 
 Church, for which purpose it will be open to Chapels to 
 apply if not so constituted already. 
 
 Reasons of Dissent from the deliverance of the General 
 Assembly, May 26, 1835, regarding the Act of Assem- 
 bly 1834 as to Chapels of Ease, 
 
 Edinburgh, May 27, 1835. 
 
 We dissent from the decision of the General Assembly 
 yesterday, declaring the Act relating to Chapels of Ease, 
 and the Ministers of these Chapels, to be a permanent 
 and binding law of the Church — 
 
 I. Because that act, although introducing an innova- 
 tion, and an essential and most important change, into 
 the constitution of the Church, was not transmitted to 
 Presbyteries in terms of the Barrier Act, and, therefore, 
 can be regarded only as a resolution of the particular 
 Assembly w'hich sanctioned it, and may be at once re- 
 pealed by any subsequent Assembly. 
 
CHAPELS. 
 
 29 
 
 II. Because the ministers of Chapels of Ease can 
 acquire from that act no valid right to sit and vote in 
 Church Courts, and by doing so will invalidate the pro- 
 ceedings of these courts. 
 
 III. Because, being deeply impressed with the import- 
 ance of placing these ministers upon a satisfactory and 
 constitutional footing, we regret that the regular steps for 
 this purpose have not been taken. 
 
 IV. Because we view with deep alarm a measure 
 which, by directly violating, and virtually setting aside, 
 the Barrier Act, tends to introduce the rashness and reck- 
 lessness of legislation, w^hich must result from the Gene- 
 ral Assembly exercising, without control, the sole power 
 of enacting laws — and against which, from the introduc- 
 tion of the Presbyterian polity into Scotland, the Church 
 has, by repeated statutes, endeavoured most carefully and 
 anxiously to guard. 
 
 Robert Haldane, D.D. 
 
 George Cook, D.D. 
 
 Du. Mearm, D.D. 
 
 John Lee, D.D. 
 
 Robt. Whigham, Advocate 
 
 J. Anstruther, W. S. 
 
 Alex. Brunton, D.D. 
 
 D. :\[acfarlan, D.D. 
 
 D. Boyle 
 
 Leven and INIelville 
 
 D. Campbell, Alinister of Southend 
 
 Robert Grant, Advocate 
 
 .James Paull, ^Minister of Tullynessle 
 
 John Sommers, D. D. INIinister of 
 
 ]\Iidcalder 
 John MacAcnzie, INIinister of Rogart 
 Charles Gibbon, ^Minister of Lonraay 
 Norman Lockhart, W^. S. 
 Wm. Ogilvie of Chesters 
 Thos. Bruce of Langlee 
 John Cook, ^Minister of Laurencekirk 
 Ja. Walker, ^Minister of Carnwath 
 Rob. Smvthe of Methven 
 Thos. R. Scott, Castleuiains, Lanark 
 Wm. Jardine, Bart., of Applegarth 
 Alex. ]Maxtone, Minister of Foulis 
 John Bryden, Minister of Sandsting 
 Z. ]\L Hamilton, ^Minister of Brcssay 
 Thos. Hill, Mmistor of Logic- Port 
 Jolm Anderson, ^linister of Newburgh 
 
 P. J. Stevenson, Minister of Cupar- 
 Angus 
 John Bowie, W. S. 
 Rob. INIeiklejohn, IMin. of Strathdon 
 Duncan Clerk, Minister of Torosay 
 George Gray, INIinister of INIaybole 
 Robert Wallace, jNIin. of Dalrymple 
 John Buchanan, INIin. of Kingarth 
 Robert INIilne INIiller, INIin. of Aboyne 
 Thos. Marjoribanks, INIinister of Loch- 
 
 maben 
 Wm. INIerson, INIinister of Crail 
 Geo. Addison, D.D. INIin. of Liff and 
 
 Benvie 
 Dug. N. Campbell, INIin. of Kilmm*e 
 William Boswell, Advocate 
 C- Campbell of Jura 
 John Campbell, Bart, of Ardnamur- 
 
 chan 
 George Henderson, INlin. of CuUen 
 Walter Traill, Min. of Ladyparish 
 Alex. H. INI" Lean, INIin. of Symington 
 James Flowordew, Minister of Essie 
 A. B. INIurray, Min. of INIousewald 
 Robert Jolm Robertson, INIinister of 
 
 Fortcviot 
 David Cannan, D.D. !Min. of Plains 
 
 and Strathmartinc 
 Ja. INIonilaws, INIin. of Annan 
 J. M'Leod, D.D. INIin. of Dundonald 
 
30 CHAPELS. 
 
 Thos. Nelson, INIin. of Auchtergaven Duncan Campbell, Min. of Inverary 
 
 Walter Gook, W. S. John Morrison, IMinister of Deer 
 
 Thos. Kirkpatrick, Bart., of Closeburn James Cruickshank, Min. of Turreff 
 
 Hercules Scott, Prof. Aberdeen James Robertson, IMinister of Ellon 
 
 Allan Stewart, IMinister of Kinneff George Gumming, W.S. 
 
 John Aiton, IMin. of Dolphinton Thos. J, Crawford, Minister of Cults 
 
 Thos. Webster, Lieutenant- Colonel, Alex. Lawson, Minister of Greich 
 
 Balgarvie James Farquharson, Min. of Alford 
 
 I. Bayley, S.S.C. R. Dundas of Arniston 
 
 Archd. Craig, Minister of Bedrule Alex. Peterkin, Writer 
 
 Carlyle Bell, W. S. R. IMacdonald Seton of Staffa 
 
 William Listen, IMin. of Redgorton J. Borthwick of Crookston 
 
 NEW CHURCHES. 
 
 Edinburgh, June 1, 1835. — Sess, ult. 
 The General Assembly called for the Report of the 
 Committee on New Churches, which was given in by 
 Dr Macfarlan and read. The Assembly approve thereof, 
 and agree to transmit the same to the Presbyteries for 
 their consideration, with a view of its being converted 
 into a standing law of the Church. 
 
 I. That the Act of Assembly 1798 anent the erection 
 of Chapels of Ease be rescinded. 
 
 II. That Presbyteries shall have the power of grant- 
 ing constitutions to new churches, under the control, and 
 liable to the review, of the General Assembly. 
 
 III. That when a Petition shall be presented to them 
 for a new erection, they shall strictly observe the follow- 
 ing rules : — 
 
 1^^, They shall cause to be cited in the usual form all 
 parties having interest, — namely, the Minister and Kirk- 
 Session of the parish in which the new church is to be built, 
 the Heritors of the Parish, and in Royal Burghs the Ma- 
 gistrates, allowing an interval of at least ten free days 
 between the date of the citation and the day for entering 
 on the consideration of the petition. 
 
 2c?/!/, In every petition for a new erection, the peti- 
 tioners shall be required to state explicitly and minutely 
 the number of persons who may be accommodated in the 
 
NEW CHURCHES. 31 
 
 intended church, the sum subscribed for its erection, the 
 persons or corporate body in whom it is proposed to invest 
 the property, the wished-for mode of electing the minister 
 and other office-bearers, the provision made for keeping 
 the church in repair, for defraying the expense of com- 
 munion elements, and all the other circumstances with 
 which the Presbytery may deem it necessary for them 
 to be acquainted; and the constitution shall contain re- 
 gulations as to these matters, and shall prescribe the bounds 
 of the parish to be erected, the Presbytery abstaining 
 carefully from giving decree for a new erection when 
 there is not a reasonable prospect of the church being 
 permanent. 
 
 Mly^ The Presbytery shall make such arrangements 
 as may appear to them to be adapted to each particular 
 case. They shall, however, in all cases, require that, 
 by the title-deeds, the church shall be inalienably mor- 
 tified as a church in connection with the Church of Scot- 
 land, and that the building and ground shall not be sub- 
 ject to be made liable for the debts of the church or 
 chapel. 
 
 A thly^ Good and sufficient security shall be given for 
 the regular annual payment of the Minister's stipend, 
 which shall not be under £80. 
 
 bthly, In every constitution it shall be expressly pro- 
 vided, that no profit shall be drawn by contributors from 
 the church in the shape of interest, seat-rents, or other- 
 wise. 
 
 Gthly, No constitution shall be granted till two-thirds 
 of the expense incurred in purchasing ground and build- 
 ing the church shall have been liquidated. 
 
 Ithly, It shall be provided in all constitutions, that 
 whensoever a permanent endowment of not less than 
 £100 per annum shall be secured by act of Parliament, 
 allocation out of the teinds, or mortification by the heri- 
 tors, the whole collections at the church-doors shall be 
 paid into the poor's funds of the parish, notwithstanding 
 any special provision thereanent in the constitution, but 
 subject to such deductions as are competent by law in 
 the case of ordinary parish churches. 
 
32 NEW CHURCHES. 
 
 %thly, When the terms of the constitution shall have 
 been settled, and the requisites above mentioned com- 
 plied with, the Presbytery shall pronounce a deliverance 
 erecting the church into a parish church, and the district 
 into a parish ecclesiastical, in which the minister shall 
 exercise all the functions of a parish minister agreeably 
 to the Act of Assembly 1834, and sanctioning the con- 
 stitution agreed on; provided always, that where the Gaelic 
 language is to be used in the church, the Presbytery 
 shall not assign to it any exclusive parochial district to 
 the whole of the inhabitants of which the minister shall 
 be pastor, but shall assign certain limits to all the Gaelic 
 inhabitants in which it shall be his peculiar duty to mini- 
 ster, and of such of whom as join his congregation, he 
 and his session shall have the exclusive spiritual jurisdic- 
 tion, subject to the review of the superior judicatories ^ 
 this church. 
 
 IV. That it shall be competent for all parties to appeal, 
 if they see cause, against the actings of the Presbytery; 
 and appeals shall be taken directly to the General As- 
 sembly ; but appeals on points not affecting the proposal 
 for a new erection shall not sist procedure. 
 
 V. That it shall be competent for the trustees or man- 
 agers, or the minister and session, to apply to the Presby- 
 tery for alteration in the constitution of all such churches 
 already erected and constituted, or hereafter to be erected 
 and constituted ; and the presbytery shall thereupon cause 
 all parties interested to be cited, and after inquiring into 
 the circumstances and grounds of the application, shall 
 report the same to the General Assembly, who may 
 sanction such alterations as are not inconsistent with the 
 regulations hereby enacted. 
 
 VI. That Presbyteries shall report all new erections 
 and constitutions to the General Assembly which shall 
 be holden next after such erection shall have been made. 
 
 VII. That this act shall not be construed to extend to 
 the case of rebuilding or re-erecting on another site the 
 churches of such parishes as are or may be established 
 by decree of the Court of Teinds. 
 
 ' VIII. That nothing in this overture shall be construed 
 
COLONIAL CHURCHES. 
 
 33 
 
 as affecting the right of Presbyteries and parish ministers 
 to sanction the establishment of preaching stations within 
 their bounds. 
 
 COLONIAL CHURCHES. 
 
 Declaratory Enactment and Recommendation as to 
 Colonial Churcher.. 
 
 Edinburgh, May 24, 1833.— ^Se^^. 9. 
 
 The General Assembly of the Church of Scotland did, 
 and hereby do, enact and declare, That it is proper and 
 expedient for Ordained Ministers of the Church of Scot- 
 land, connected with fixed Congregations in any of the 
 British Colonies, to form themselves, where circumstances 
 permit, into Presbyteries and Synods, adhering to the 
 Standards of this Church, and maintaining her form of 
 Worship and Government. 
 
 That no minister should be received as a member of 
 any such Presbytery or Synod, when first formed, who 
 has not been ordained by a Presbytery of this Church ; 
 that no minister of this church should be afterwards Re- 
 ceived as a member, who does not come specially recom- 
 mended from the Presbytery by which he was ordained, 
 or in which he has last resided; and that no Probationer 
 of this church should receive ordination from any such 
 Presbytery, except on his producing extract of licence, 
 with a testimonial of his good character, from the Pres- 
 bytery or Presbyteries within whose bounds he has re- 
 sided, down to the time of his leaving Scotland. 
 
 That it is not expedient for su-ch Presbyteries, in the 
 present state of education in the colonies, to exercise the 
 power of licensing Probationers; but that licentiates of 
 the Church of Scotland, wdio shall be ordained by any 
 such Presbytery to particular charges in the maimer above 
 described, shall remain in full communion with the Churcli 
 of Scotland, and retain all the rights and privileges which 
 belong to licentiates or ministers of this Church; and 
 that members of congregations, under the charge of Mi- 
 nisters so ordained, shall, on coming to Scotland, be ad- 
 
 B 2 
 
34 PARLIAMENTARY CHURCHES. 
 
 mitted to church privileges, on the production of satisfac- 
 tory certificates of their religious and moral character, 
 from the minister and session of the congregation to 
 which they have severally belonged. 
 
 And the Assembly earnestly recommend to all mini- 
 sters and probationers of this church, who remove to those 
 colonies in which such presbyteries are constituted, to 
 put themselves under the inspection of the presbytery of 
 the bounds within which they may reside ; and, in the 
 event of their returning to this country, to produce tes- 
 timonials from such presbytery or presbyteries of their 
 character and conduct during their absence. 
 
 The General Assembly further named a standing Com- 
 mittee to correspond with such churches in the colonies, 
 for the purpose of giving advice on any question with 
 regard to which they may choose to consult the Church 
 of Scotland, and affording them such aid as it may be in 
 the power of the Committee to give in all matters affect- 
 ing their rights and interests. 
 
 PARLIAMENTARY CHURCHES. 
 
 Declaratory Enactment as to Parliamentary Churches, 
 
 Edinburgh, May 25, 1833 — *S'e5^. 10. 
 The General Assembly of the Church of Scotland did, 
 and hereby do, enact and declare. That the whole Dis- 
 tricts in Scotland, now or to be hereafter provided with 
 places of worship and ministers, in terms of the Acts 4th 
 Geo. IV. c. 79, and 5th Geo. IV. c. 90, shall be, and 
 are hereby from and after this date, erected into separate 
 parishes quoad sacra, and to that effect are hereby declared 
 to be disjoined and separated from the parishes of which 
 they at present constitute a part. And the General 
 Assembly further enact and declare. That all ministers, 
 already inducted or settled as ministers within the said 
 districts, or who shall hereafter be inducted and settled in 
 the same, shall be, and are hereby authorised to exercise 
 and enjoy within their respective districts, the whole 
 powers and privileges now competent to parish ministers 
 
PARLIAMENTARY CHURCHES. 3^ 
 
 of this church, and that as fully and freely in every 
 respect, and without molestation or interference, as if 
 their respective districts had been ordinary parishes, and 
 they had been regularly inducted as ministers thereof. 
 Moreover, the General Assembly hereby declares. That 
 the said ministers are and shall be constituent members 
 of all Presbyteries, Synods, Church Courts, and Judica- 
 tories whatsoever, and shall enjoy every privilege, as 
 fully and freely, and with equal powers, as parish mini- 
 sters of this church ; hereby enjoining and requiring all 
 Presbyteries, Synods, Church Courts, and Judicatories, 
 within whose bounds the said churches are or shall be 
 situated, to receive and enrol the said ministers as mem- 
 bers thereof, and put them in all respects on a footing of 
 Presbyterian equality with the parish ministers of this 
 church, giving, granting, and committing to the said 
 ministers the like powers, and authority and privileges, 
 now pertaining by law to parochial ministers of this church 
 within their respective bounds. 
 
 NOTES. 
 
 In order to understand distinctly the present posture of 
 the Established Church of Scotland as regards the aux- 
 iliary Chapels and Churches of its communion, as now 
 partially or wholly comprehended within its pale, it may 
 be proper to explain briefly the several classes of which 
 they consist, and to indicate the peculiar characteristics 
 of each ; and, 
 
 1^^, There are a few old Chapels of Ease, such as 
 Lady Glenorchy's in Edinburgh, which were endowed 
 or established by authority of the Presbyteries of the 
 several bounds, anterior to the year 1798, when an Act 
 of the General Assembly was passed, regulating thence- 
 forward the Constitution of the Chapels of Ease in con- 
 nection with the Church. 
 
 2dlij, There are next the numerous Chapels which 
 were constituted under the sanction of that Act, and 
 which have now by the Acts of Assembly 1834 been 
 
36 CHAPELS. 
 
 admitted to the status of Parochial Churches, and their 
 Ministers and Kirk-Sessions admitted to all the privileges 
 of Ministers and Elders of the Church — with this dis- 
 tinction, that they have no Public Endowments for their 
 maintenance. 
 
 ^dly. There are the Parliamentary Churches — that is, 
 Churches akin to Chapels of Ease, quoad spiritualla, 
 created with the sanction of the Church Courts, but 
 endowed by grants from the Treasury, and the erection 
 and endowment of which were accomplished under par- 
 liamentary authority. These Charges have parochial 
 boundaries assigned to them, and are now, to all intents 
 and purposes, embodied in the Established Church. 
 
 Athly^ There are New Churches either already reared 
 and recognised by the Church, or in the course of being 
 erected by voluntary contributions, but not yet endowed 
 by the State. 
 
 These particulars must be kept in view, so as to render 
 the acts and proceedings of the Assembly applicable to 
 these different classes intelligible. And with this ex- 
 planation, the following excerpts will illustrate the pro- 
 gress of the movements in this matter, in so far as these 
 movements have assumed the form of Law: — 
 
 *' May 18, 1833. 
 '* The General Assembly had transmitted to them by 
 their Committee of Bills, Petition of the Kirk-Session of 
 Dundee, on the status of Ministers of Chapels of Ease ; 
 also Petition by the Minister of Woodside Chapel to 
 transmit certain petitions relative to that subject. The 
 Assembly had also transmitted to them by the Committee 
 of Overtures, several Overtures on that subject from 
 Presbyteries, viz. from the Presbyteries of Aberdeen, 
 &c. Upon counsel appearing for the petitioners, it was 
 moved and seconded. That the General Assembly, in 
 the circumstances of the case, refuse to hear the peti- 
 tioners by counsel, the petition not relating to a question 
 of right. Another motion was made and seconded. That 
 it is expedient, in the circumstances of the case, that the 
 petitioners shall be heard by counsel. It was agreed, 
 
CHAPELS. 3? 
 
 that the state of the vote shall be hear or not; and the 
 roll being called, and votes marked, it carried hear by a 
 majority of 121 to 101; and, therefore, the General 
 Assembly agreed to hear counsel. From which resolu- 
 tion the following' members dissented: Principal Mac- 
 farlan, Dr Forbes, Dr Cook, Dr Brunton, Mr Meikle- 
 john, Mr Pirie, Mr M'Tavish, Mr Paull, Mr Gibbon, 
 Dr Glennie, Mt Robertson, Ellon, and Mr Garioch. 
 Alexander Dunlop, Esq. Advocate, was then heard in 
 support of the claims of the petitioners. After reasoning, 
 the following motion was made and seconded: The 
 General Assembly, taking a deep interest in whatever can 
 promote more effectually the spiritual edification of the 
 people, and increase the comfort and usefulness of Mini- 
 sters of Chapels of Ease, and approving of the objects of 
 the Overtures and Petitions, appoint a Committee to 
 consider by wdiat means these objects will be most effi- 
 ciently and extensively carried into execution. It was 
 also moved and seconded, That the General Assembly, 
 taking a deep interest in whatever can promote more 
 effectually the spiritual edification of the people, and in- 
 crease the comfort and usefulness of Ministers of Chapels 
 of Ease, and approving of the objects of the Overtures 
 and Petitions, and admitting the powers of the General 
 Assembly to carry them into execution, appoint a Com- 
 mittee to consider by what means these objects can be 
 most efficiently and extensively carried into execution. 
 The vote being called for, it was agreed that the state of 
 the vote shall be motion or amendment ; and the roll 
 being called, and votes marked, it carried motion by a 
 majority of 106 to 103. The General Assembly, there- 
 fore, appoint a Committee in terms of the original mo- 
 tion. Dr Brunton, Convener. 
 
 " Eo, die. 
 " The General Assembly had transmitted to them, by 
 their Committee of Bills, Petition of Dr John Gilchrist, 
 Clerk of the Presbytery of Edinburgh, to transmit cer- 
 tain papers referred to this General Assembly by the 
 Presbytery of Edinburgh relative to the congregation of 
 Iloxburgli Place Chapel. The extract of the minutes 
 
38 CHAPELS. 
 
 of the Presbytery were read — as also, petition of the Rev. 
 John Johnston, Minister, and others, representing the 
 elders and whole members of said congregation — pro- 
 posed constitution of the Chapel — extract of the minutes 
 of the Kirk-Session of St Cuthbert's, dated 8th May 
 1833 — and extract of minutes of a meeting of the said 
 congregation. The Assembly having heard these papers, 
 appointed a Committee for the purpose of ascertaining 
 what course of Philosophy and Theology had been 
 attended by Mr Johnston. Dr Macgill to be Convener, 
 and to report to-morrow. 
 
 ''May 22, 1833 Sess. 7. 
 
 '^ The General Assembly called for the Report of the 
 Committee for ascertaining what course of Philosophy and 
 Theology had been attended by Mr Johnston, Minister 
 of Roxburgh Place Chapel, which was given in and read 
 by Dr Macgill, the Convener. The General Assembly 
 approved of the report. 
 
 " The General Assembly then resumed the consider- 
 ation of the case of the Congregation of Roxburgh Place 
 Chapel, Edinburgh, when Dr Brunton, on the part of 
 the Presbytery of Edinburgh, stated the reference. The 
 General Assembly having fully deliberated on the case, 
 and considering that Mr Johnston has gone through the 
 course of Theological Study prescribed by the Acts of 
 Assembly, remit the case to the Presbytery of Edinburgh, 
 with instructions that they call Mr Johnston before them, 
 that they examine him in such way as shall be satisfactory 
 to them, and that, if they find him qualified, they receive 
 him as a licentiate, and admit him as a Minister of this 
 Church. The Assembly further appoint a committee to 
 examine the proposed constitution of the Roxburgh Place 
 Chapel, and to report on Monday. — Principal Haldane, 
 Convener. 
 
 ''May 27, 1833. 
 '' The General Assembly called for the Report of the Com- 
 mittee on the Roxburgh Place Chapel, which was given 
 in by Principal Haldane, and read, from which it appear- 
 
CHAPELS. 39 
 
 ed that the committee approved of the proposed constitu- 
 tion for said Chapel. 
 
 -* The General Assembly approved of the said report, 
 and enacted accordingly : Whereupon Mr George Todd, 
 junior, S. S. C, Agent for the Congregation, took instru- 
 ments, and craved extracts. 
 
 ''Friday, May 24, 1833 Sess, 9. 
 
 " The General Assembly called for the Report of the 
 Committee on Parliamentary Churches, which was given 
 in by Dr Cook, the Convener, and read. The General 
 Assembly also heard a petition from certain Ministers of 
 Parliamentary Churches, who further craved leave to be 
 heard by Counsel. Thomas Maitland, Esq., Advocate, 
 appeared as their Counsel, and was fully heard: — 
 It was moved, seconded, and unanimously agreed to, that 
 the General Assembly do approve of the report, and re- 
 mit to the committee to prepare a Declaratory Enactment 
 in terms of the second and third findings of the committee, 
 and to report the same to the Assembly quamprimian dur- 
 ing the present Assembly. 
 
 " Saturday, May 1^, 1833 Sess. 10. 
 
 " The General Assembly called for the Report of the 
 Committee on Parliamentary Churches, to whom it was 
 yesterday remitted to prepare a Declaratory Enactment, 
 in terms of the second and third findings of the committee, 
 which was given in by Dr Cook, the Convener. The 
 General Assembly approve of the report, and enact ac- 
 cordingly : And having heard the proposed memorial to 
 the Lords of the Treasury read, they approve thereof, 
 and the same was signed in their presence by their 
 Moderator. From which resolution Mr Pirie dissented. 
 
 "Friday, May 29, 1834. 
 " The General Assembly called for the Overtures re- 
 lating to Chapels of Ease, with the petitions on that sub- 
 ject, and the reference from the Presbytery of Edinburgh, 
 relating to the Chapels in the Parish of St Cuthbert's. 
 Mr Clason, Mr Gray, and Mr Brown, were heard in 
 
*4t) CHAPELS. 
 
 support of the views of the several petitioners. It was 
 moved and seconded, That the General Assembly, hav- 
 ing maturely considered the Report of the Committee of 
 last Assembly on the subject of Chapels of Ease, and 
 the Overtures and Petitions on the same subject, approve 
 of the principles and recommendation of this report, and 
 appoint a Committee to prepare a declaratory enactment, 
 to give effect to those principles and recommendation, and 
 to report to a future diet of this Assembly, 
 
 '' Another motion was made and seconded. That the 
 General Assembly, having considered the various Over- 
 tures relative to Chapels of Ease, and also the report of 
 the Committee of last Assembly in respect thereto, highly 
 approve the purpose of these Overtures, and of that re- 
 port, and, with a view of most effectually and permanently 
 securing it, appoint a Committee to correspond with Go- 
 vernment, or with the Officers of the Crown, for obtain- 
 ing a legislative enactment, through which, with the 
 consent of all parties interested, Parishes may be divided, 
 or the districts now attached to Chapels of Ease quoad 
 spiritualla^ may be assigned to them as Parishes, when 
 the Church is satisfied that this is proper or necessary for 
 the instruction of the people. The General Assembly 
 further instruct the Committee to take the measures which 
 to them may seem best calculated to procure permanent 
 endowments to such Chapels as it may be deemed expedient 
 to erect into parish churches, and to make all arrange- 
 ments relative to carrying the schem-e into effect; and, 
 in the mean time, the General iVssembly instruct Pres- 
 byteries to report to next Assembly whether, in their 
 estimation, such a change as to Chapels of Ease should 
 take place, and the present law with regard to them be, 
 upon the adoption of the new system, rescinded. 
 
 " The vote having been called for, it wafe agreed that 
 the state of the vote should be j^r^^ or second vi\o\S.ovi\ 
 and the roll having been called, and the votes marked, it 
 carried ^>5^ motion by 153 to 103; and, therefore, the 
 General Assembly find in terms of the first motion. 
 From which resolution Dr Mearns dissented, and thereto 
 adhered 33 other members, and took instruments. A 
 
CHAPELS. 41 
 
 Committee appointed to prepare a declaratory enactment 
 in terms of the resolution — Professor Brown, Convener. 
 
 ''Friday, May 30, 1834.^ Sess. 9. 
 " On a motion, a Committee appointed for preparing 
 a memorial to Government concerning the Ecclesiastical 
 Funds of the Church of Scotland, in order that such mi- 
 nisters as are or may be admitted to the status of paro- 
 chial ministers, for which, in consequence of the increased 
 population, there is an urgent necessity, may be fitly 
 and adequately provided — Charles Ferguson, Esq. Con- 
 vener. 
 
 ''May 31, 1834. 
 " The General Assembly called for the Report of the 
 Committee appointed to prepare a Declaratory Enact- 
 ment as to Chapels of Ease, which was given in by Pro- 
 fessor Brown, the Convener, and read. It was moved 
 and seconded, That the report of the Committee be ap- 
 proved by the Assembly, with these additions — that 
 Presbyteries are to be cautious not to assign a more 
 populous district than it seems possible to attend to, and 
 that it shall be understood that the Chapels to be erected 
 into parishes shall first have been constituted according 
 to the rules of this Church; for which purpose it will be 
 open to Chapels to apply, if not so constituted already; 
 and that the draft now read be passed into an Act of this 
 Church. It was also moved and seconded, to adjourn 
 the further coi^sideration of this report till Monday. 
 With the leave of the Assembly the second motion was 
 withdrawn, and the General Assembly, therefore, with- 
 out a vote, approve of the report, with the additions 
 above specified, and pass the same into an Act of the 
 Church. This judgment being intimated, Mr Pirie dis- 
 sented, to whom adhered Mr Paull and eight other 
 members. 
 
 "Jime 1, 1835. 
 " The General Assembly called for the Report of the 
 Committee on New Churches, which was given in by 
 
42 CHAPELS. 
 
 Dr Macfarlan, and read. The Assembly approve of the 
 report, and agree that the Overture on the subject shall 
 be transmitted to Presbyteries. 
 
 " The General Assembly next called for the Report of 
 the Committee on the Constitutions of the New Churches; 
 and having heard the proposed Constitutions of the several 
 Chapels after named, approved thereof: viz. St Stephen's 
 Church and St Mark's, and Bridgegate Barony Parish, 
 of Glasgow; New Chapel at Perth; New North Church, 
 Paisley; Crossbill Chapel, Old Monkland; Chapel at 
 Portsoy; Church at West Stewart Street, Greenock; 
 Chapel at Tenandry; Chapel at Forfar; Chapel at Kir- 
 riemuir; Chapel at Peterhead ; Chapel at Fairley. And 
 the General Assembly approved of the reports as to the 
 applications for other New Churches. 
 
 "^/a^/26, 1835. 
 " The General Assembly called for the Overtures as 
 to enactments of last year being against the Barrier Act; 
 which being read, it was moved and seconded, That the 
 enactment of last Assembly with regard to Chapels of 
 Ease, and the Ministers thereof, be rescinded, as having 
 passed contrary to the provisions of the Barrier Act; and 
 that a committee be appointed to prepare a measure on 
 this subject, with the view of settling the status of Chapel 
 Ministers, to be transmitted to Presbyteries in terms of 
 the said act; it being understood that the status of the 
 Ministers of Chapels of Ease already admitted shall re- 
 main unchanged till the Presbyteries of the Church shall 
 have declared their opinion on the subject: the Commit- 
 tee to report to a future diet of this Assembly. 
 
 ^' Another motion was made and seconded,- That this As- 
 sembly, w^hile they will willingly consider, w ith a view to 
 their adoption, such regulations as may be necessary to 
 secure that new Churches be constituted in such circum- 
 stances only as afford good ground of confidence in their 
 permanence, and in a sufficient and independent subsist- 
 ence being provided for the IMinisters, see no cause to 
 disturb the act of last Assembly as to Chapel Ministers; 
 
MISSIONS. 43 
 
 and do therefore reject the Overtures thereanent. The 
 vote being- called for, it was agreed that the state of the 
 vote should he first or second motion ; and the roll being 
 called, and votes marked, it carried second motion by a 
 •majority of 176 to 108: whereupon Principal Haldane, 
 in his own name, and in name of all who may adhere to 
 him, dissented, for reasons to be given in ; to which dis- 
 sent adhered Dr Cook, Dr Mearns, Mr John Cook, Mr 
 Paull, and Mr Liston. 
 
 '' On the motion of Dr Macfarlan, a Committee was 
 appointed to take into consideration the Act of 1798, 
 and the whole laws of the Church respecting the erec- 
 tion and constitution of Chapels of Ease; and to prepare 
 an Overture to be transmitted to Presbyteries, embody- 
 ing the regulations to be observed in all time coming in 
 the erecting and constituting of new Churches, and to 
 report to a future diet of this Assembly. Dr Macfarlan 
 to be Convener. The overtures on the Act 1798, relat- 
 ing to Chapels of Ease, referred to this Committee." 
 
 MISSIONS. 
 
 Act in favour of the India Missions, 
 
 "Edinburgh, May 30, 1835 — Sess. 10. 
 " The General Assembly did, and hereby do, nominate 
 and appoint the committee for the reformation of the 
 Highlands and Islands of Scotland, and for managing his 
 Majesty's royal bounty, to be a committee of this Assem- 
 bly for the propagation of the gospel in foreign parts, 
 and for managing the funds subscribed and given for that 
 purpose, with the whole powers conferred by former acts 
 of Assembly, and with power also to appoint a sub-com- 
 mittee of their number, consisting of nine, for more effec- 
 tually furthering the great end in view. Of the general 
 committee, fourteen are hereby declared to be a quorum, 
 whereof nine are to be Ministers; and of the sub-com- 
 mittee to be appointed, five are hereby declared to be a 
 
44 PRESBYTERIES. 
 
 quorum. That the committee shall hold stated monthly 
 meetings for dispatch of business, in the Trustees' Hall, 
 on the first Tuesday of every month, at three o' clock, 
 with power always to adjourn, as shall be needful ; and 
 to meet on all occasions when urgent business shall de- 
 mand. And the said general committee are hereby en- 
 joined and required, through their sub-committee, to at- 
 tend to the instructions and regulations formerly approved 
 by the General Assembly for the propagation of the gos- 
 pel abroad; with power to make and carry into effect 
 such further regulations as to them may seem most bene- 
 ficial, such further regulations to be submitted to next 
 Assembly. And the said general committee are hereby 
 appointed to report their diligence, and that of their sub- 
 committee, in calling forth the benevolence and support 
 of the Christian public of Scotland, — their prudence in 
 the expenditure of the funds obtained, — and, generally, 
 their management, and the success of their operations in 
 foreign parts. Farther, the General Assembly recom- 
 mend to the favourable consideration of the committee 
 the subject of the memorial from the Missionaries at Bom- 
 bay, leaving to the committee the time and manner of 
 extending their countenance and pecuniary support to 
 that object, and warmly recommend their efforts to the 
 prayers and pecuniary assistance of the people of Scot- 
 land." 
 
 PRESBYTERIES. 
 
 Act disjoining certain Parishes from the Presbytery of 
 Paisley, and from the Presbytery of Irvine, and form- 
 ing them into the Presbytery of Greenock. — {Act 8.) 
 
 " Edinburgh, May 31, 1834.— iSe^^. 10. 
 " The General Assembly of the Church of Scotland, 
 without a vote, did, and hereby do, disjoin the parishes 
 of Erskine, Kilmacolm, Port- Glasgow, the three parishes 
 of Greenock, and that of Innerkip, from the Presbytery 
 of Paisley, and the parishes of Largo and Cumbraes, 
 
PRESBYTERIES. 45 
 
 from tlie Presbytery of Irvine ; and form those nine 
 parishes into a separate Presbytery, the seat thereof to 
 be at Greenock, and the General Assembly appoint the 
 first meeting of this newly erected Presbytery to be at 
 Greenock on the second Tuesday of July next." 
 
 Declaratory Act for explaining the Acts relative to the 
 Number of Commissioners sent from Presbyteries. 
 
 '^ Edinhurgh, June 1, 1835. — Sess. ult. 
 *' Whereas, by the 5th Act of Assembly 1694, and the 
 6th Act of Assembly 1712, appointing the number of 
 representatives for Presbyteries, there is a proportion ob- 
 served between the number of ministerial charges in each 
 Presbytery, and the number of its representatives, yet 
 the regulations contained in the said Acts are no farther 
 expressed, than to allow six ministers and three ruling 
 elders as the representatives of each Presbytery whose 
 number exceeds thirty, the General Assembly, according 
 to the design of said Acts, do declare and appoint, that 
 in future every Presbytery, the ministerial charges in 
 which shall exceed thirty-six, shall send to the Assem- 
 bly seven Ministers and three ruling elders, and every 
 Presbytery, whose ministerial charges shall exceed forty- 
 two, shall send eight ministers and four ruling elders ; 
 — and, farther, that in every case in which a Principal or 
 Professor of Divinity in a University shall be entitled, in 
 virtue of his office in such University, to a seat in the 
 Presbytery of the bounds (the said Principal or Profes- 
 sor not holding at the same time a cure of so\ds wi(hi?^ 
 the Presbytery), the office of such Principal or Professor 
 shall be held, as far as regards the number of represen- 
 tatives to be elected by the Presbytery, to be a ministe- 
 rial charge." 
 
 FOPtM OF PROCESS. 
 
 ''Edinburgh, May 26,1832.— .SV.9.s. 0. 
 *' The General iVssembly, on the report of the Commit- 
 
46 FORM OF PROCESS. 
 
 tee on the Form of Process, transmit the following 
 Overture to the several Presbyteries, who are re- 
 quired to return their opinion thereon to the next 
 General Assembly. 
 
 " It is overtured, That, with consent of the Presbyteries 
 of this Church, it be enacted, that when a Presbytery 
 shall resolve to libel a Minister or Probationer, a Com- 
 plaint or Appeal may be taken against such resolution; 
 but neither that Complaint or Appeal, nor any other, 
 when either the Presbytery or any other shall be the 
 libeller, shall prevent the cause from going on till the 
 relevancy shall be determined, so that all such Complaints 
 and Appeals, and the judgments on the relevancy, if ap- 
 pealed from, may be disposed of at the same time." 
 
 Overture on the Form of Process. 
 
 ''Edinburgh, May 27, 1833 Sess. ult. 
 
 " The General Assembly, on the report of the Com- 
 mittee on the Form of Process, retransmit the fol- 
 lowing Overture to the several Presbyteries, who 
 are required to return their opinion thereon to the 
 next General Assembly. 
 
 '* It is overtured. That, with consent of the Presby- 
 teries of this Church, it be enacted, that when a Presby- 
 tery shall resolve to libel a Minister or Probationer, a 
 Complaint or Appeal may be taken against such resolu- 
 tion; but neither that Com.plaint or Appeal, nor any other, 
 either when the Presbytery or any other party shall be 
 the libeller, shall prevent the cause from going on till 
 the relevancy shall be determined, so that all such Com- 
 plaints and Appeals, and the judgments on the relevancy, 
 if appealed from, may be disposed of at the same time." 
 
 Overture on the Form of Process. 
 
 " Edinburgh, June 2, 1834. — Sess. ult. 
 ** The General Assembly, on the report of the Com- 
 
FORM OF PROCESS. 47 
 
 mittee on the Form of Process, retransmit the fol- 
 lowing Overture to the several Presbyteries, and 
 convert the same into an Interim Act of the Assem- 
 bly. 
 
 " It is overtured, That, with consent of the Presbyteries 
 of this Church, it be enacted, that when a Presbytery 
 shall resolve to libel a Minister or Probationer, a Com- 
 plaint or Appeal may be taken against such resolution ; 
 but neither that Complaint or Appeal, nor any other, 
 either when the Presbytery or any other party shall be the 
 libeller, shall prevent the cause from going on till the 
 relevancy shall be determined, so that all such Com- 
 plaints and Appeals, and the judgments on the relevancy, 
 if appealed from, may be disposed of at the same time. 
 
 '-''Edinburgh^ June I, 1835. — Sess. ult. 
 ** The General Assembly, on the report of the Com- 
 mittee on the Returns to Overtures, that a majority 
 of Presbyteries have approved of the overture on 
 the Form of Process, pass the same into a standing 
 Law of the Church. 
 
 *' The General Assembly therefore did, and hereby do, 
 resolve, enact, and ordain, that when a Presbytery shall 
 resolve to hbel a Minister or Probationer, a Complaint or 
 Appeal may be taken against such resolution; but neither 
 that Complaint or Appeal, nor any other, either when the 
 Presbytery or any other party shall be libeller, shall pre- 
 vent the cause from going on till the relevancy shall be 
 determined, so that all such Complaints and Appeals, and 
 the judgments on the relevancy, if appealed from, may 
 be disposed of at the same time. 
 
 '^ EdinburgJi, June 1, 1835 — Sess. ult. 
 " The General Assembly called for the Report of the 
 Committee on the Form of Process, which was 
 given in by the Procurator. The General Assembly 
 agree to transmit as an Overture to Presbyteries, 
 the first Thirteen Resolutions, for their considera- 
 tion. 
 
48 FORM OF PROCESS. 
 
 ''May 29, 1835. 
 
 " The Committee on the Form of Process having taken 
 into their consideration the subject of the mode in which 
 trials of causes may be most advantageously conducted, 
 with a view to the due administration of justice, are 
 humbly of opinion that this important end would be far 
 more effectually, correctly, and expeditiously attained, 
 by having the questions of fact arising in certain classes 
 of cases tried by Commissions of Assembly, specially 
 appointed for the purpose; instead of being left to be de- 
 cided by the ordinary judicatures of the Church. With- 
 out entering into detail, the Committee may observe, that 
 they have been led to this conclusion chiefly by the fol- 
 lowing considerations : 1st, That the time of the Assembly 
 no longer admits of their deciding all the questions which 
 come before them under the present system of procedure; 
 and are every year under the necessity of remitting many 
 of those causes to the ordinary Commission of Assembly, 
 which is well known to be a very uncertain and undefined 
 body; 2d, That a small Comm.ittee, chosen by the As- 
 sembly (every member of which must act under the 
 feeling of individual responsibility), v.ill, from hearing 
 the evidence delivered in their own presence, and from 
 the opportunity thereb}'' aitorded them of judging of the 
 demeanour of the witnesses, be much better qualified to 
 judge of the weight and importance which should be at- 
 tached to their depositions, than courts of review, who 
 hav^e the evidence presented to them only in a written 
 shape, can ever be; 3d, That Presbyteries will to a con- 
 siderable extent be relieved from the necessity of acting 
 as prosecutors and judges in the same cases; and, 4th, 
 That much vexation and delay will be saved by the 
 change now recommended. 
 
 " The Com,miitee, therefore, respectfully reconmiend to 
 the Assembly to transmit the following Regulations to 
 Presbyteries, with a view^ to their being enacted into a 
 Law of the Church: — 
 
 " I. That all cases relative to the settlem.ent of Mini- 
 sters, licensing Probationers, or involving in anv wav 
 
FORM or PROCESS. 49 
 
 questions of heresy or false doctrine; as also all cases 
 with regard to Schools, or other matters in which the 
 Presbyteries have a civil jurisdiction; should be excepted 
 from the proposed rei^^ulations, and shall be determined 
 as at present by the Presbyteries of the Church, and be 
 subject to the usual rules with regard to appeals to the 
 Superior Courts. 
 
 II. That in all cases of Scandal, whether for censure 
 or deprivation, the preliminary steps, as to resolving to 
 libel, serving the libel, and fixing the relevancy, shall 
 remain as at present. 
 
 III. That where both parties shall acquiesce in the 
 determination of those matters by the Inferior Courts, 
 the proceedings before those Courts shall be transmitted 
 to the Clerk of Assembly, for the purpose of abiding the 
 directions of the House as to further procedure. 
 
 IV. That after all the preliminary matters before men- 
 tioned shall have been finally determined by the judica- 
 tories of the Church, the trial of any points of fact 
 
 necessary for the decision of the cause, shall be by special 
 commission of the General Assembly. 
 
 V. That such trials shall be held at Edinburgh, reser- 
 ving, however, to the Assembly, whenever it sees cause, 
 power to appoint the same to be held at Glasgow, Aber- 
 deen, Perth, Inverness, or Dumfries. 
 
 \T. That the Assembly shall first fix the time and 
 place of trial, and shall then proceed to the appointment 
 of the Commission; for Avhich purpose the names of 
 t4iirty-six members who may not be objected to, or 
 excused on account of health, business, inconvenience, 
 or otherwise, at the discretion of the Assembly, shall be 
 taken by ballot; there being always two ministers for 
 one lay elder; from which nund)er each }>arty shall be 
 entitled to strike off one name alternately, the libeller or 
 pursuer beginning, till the whole number is reduced to 
 sixteen ; it being always understood that the number of 
 Ministers retained on the roll shall never be less than 
 eight: And the sixteen members so chosen, with one 
 clergyman, to be named by the Moderator of the As- 
 
 c 
 
50 FORM OF PROCESS. 
 
 sembly, as Preses or Moderator, shall form the Commis- 
 sion for the trial of the case. 
 
 VII. When the place of trial is fixed at any other place 
 than Edinburgh, the ballot shall be taken from the mem- 
 bers of Assembly from such adjacent Synods as may be 
 fixed by the Assembly, with the exclusion of the Pres- 
 bytery in which the case may have originated. 
 
 VIII. In the event of the unavoidable absence of any 
 of the members, thirteen shall be a quorum; but no other 
 excuse for absence shall be sustained than a medical cer- 
 tificate, on soul and conscience, of incapacity to attend 
 on account of ill health. 
 
 IX. When the trial is held in Edinburgh, the Procu- 
 rator shall be bound to attend as Assessor to the Com- 
 mission; and when it is held at any other place, the 
 Commission may, if they please, have power to appoint 
 an Assessor for themselves at the expense of the parties, 
 when it is not convenient for the Procurator to attend. 
 
 X. At the trial the Commission shall appoint a Clerk, 
 and an officer or officers, also at the expense of the par- 
 ties, to assist in the conduct of the case. The evi- 
 dence shall be given viva voce, and shall not be taken 
 down at length in writing; but the Preses or Moderator, 
 or the Assessor, shall take notes of the same, and of any 
 points of law v. hich may occur during the trial. Pres- 
 byteries, when they are the prosecutors, shall be entitled 
 to act by a counsel and agent, or one or more of their 
 own body, appointed by them as a committee for the 
 purpose. The accused shall have the privilege of reply. 
 The Moderator, or, if the Committee shall require it, the 
 Assessor, shall sum up; and the majority of the Com- 
 mission shall decide: the Moderator having: no vote ex- 
 cepting in case of equality. 
 
 XI. It shall not be competent to appeal against the- 
 finding of the Commission excepting on the ground of 
 misdirection in point of law. Such appeal shall only be 
 competent to the next General Assembly; and the party 
 desiring to appeal shall intimate his intention to that 
 effect according to the present practice of the Church, 
 
STANDING OIIDERS. 51 
 
 and shall lo(i-i,'e Lis reasons of appeal with the Clerk of 
 Assembly within one month after the date of the judjr. 
 ment. If he fails to do so, he shall be held to have fallen 
 from his appeal ; and the case shall be disposed of ac- 
 cordingly. 
 
 XI I. The facts having been determined by the Com- 
 mission ; and the appejj, if any, on questions of law 
 having been disposed of, or fallen from, the Moderator of 
 the Commission shall forthwith intimate the judgment to 
 the Presbytery, in which the cause originated, by causing 
 the Clerk to send an extract of it to the Moderator and 
 Clerk of Presbytery; w'hereupon the Presbytery shall 
 proceed, according to the rules of the Church, to summon 
 the party accused, and pronounce sentence in terms of said 
 judgment. 
 
 XIII. That an Act of Parliament shall be obtained 
 to enforce the attendance of witnesses. 
 
 STANDING ORDERS. 
 
 Act for the better Dispatching the Business of 
 Assemblies. 
 
 At Edinburgh, May 26, 1718 — Sess. 15. 
 The General Assembly, finding that their business is 
 much retarded by parties having References, Appeals, and 
 Complaints to lay before the Assembly, their not giving 
 them timeously in to the Committee for Bills, and that 
 by such delays the Assembly is often necessarily obliged 
 to commit several of their weighty affairs to their Com- 
 mission, which were more proper to be judged by them- 
 selves : Therefore, they do hereby appoint and ordain 
 all References, Appeals, and Complaints that shall be 
 made in time coming to the General Assemblies of this 
 Church, to be lodged in the Clerk's hands on or before 
 the second or third days of the Assembly's meetings, that 
 thereby they may timeously have a full view of all their 
 work, and may be able to julge what things are of the 
 greatest weight, and are necessary to be (hspatched by 
 themselves, if they cannot overtake the whole; with Cer- 
 
52 STANDING ORDERS. 
 
 tification, that all Appeals or Complaints not lodged in 
 the Clerk's hands within the time foresaid, shall be held 
 as deserted and fallen from, and shall not thereafter be 
 received, unless, upon the first opportunity, the parties 
 concerned make it appear to the Assembly, that insuper- 
 able difficulties did withhold them from lodging the 
 same in manner above set down. And the General As- 
 sembly enjoins the Clerks of the several Judicatories to 
 transmit to the Clerk of Assembly, within the time fore- 
 said, all References made by the respective Judicatures 
 to the General Assembly. 
 
 Additional Act for the Dispatch of Business of 
 Assemblies. 
 
 Edinburgh, May 24, 1819.— .Sf?^^^, 4. 
 The General Assembly, considering that parties are 
 often negligent in bringing their Causes in due time be- 
 fore the Assembly, by which the business of the Assembly 
 is unnecessarily delayed, appointed a Committee to take 
 under their consideration the Act 1718 respecting the 
 dispatch of business before the Assembly, and to con- 
 sider what additional orders and regulations may be neces- 
 sary to be made in order to bring before the Assembly, 
 on the first Saturday of their meeting, a view of all the 
 business which may afterwards come under their con- 
 sideration, and to report. The Committee, accordingly, 
 made the following report : " The Committee report as 
 their opinion, that the Assembly ought to make such an 
 order for the dispatch of their business, as will insure to 
 them the advantage of having the papers connected with 
 every private Cause on their table at their meeting 
 on the first Saturday of the Assembly; and that, with a 
 view to the accomplishment of this object in the way 
 least inconvenient for all parties concerned, the first 
 meeting of the Committee of Bills ought to be held on 
 the evening of the preceding Thursday; a second meeting 
 of the same Committee on the evening of Friday, and a 
 third meeting on the morning of Saturday before the 
 meeting of Assembly: And farther, that all Appeals, 
 
STANDING ORDERS. 5S 
 
 Complaints, or References, not presented to the Committee 
 of Bills at or before their third meeting on the morning 
 of the first Saturday of the Assembly, shall be held as 
 deserted and fallen from." — The General Assembly, 
 having" considered the above report, unanimously approve 
 thereof, and enact and enjoin in terms thereof. And the 
 Assembly direct their Clerks to send printed copies of 
 this enactment to all the Presbyteries of the Church. 
 And the Assembly farther direct and appoint. That this 
 enactment shall in time coming be read on the first day 
 of the meeting of every future Assembly, together with 
 the Act 1718 anent the dispatch of business, which they 
 appoint to be printed in the Acts of this Assembly, 
 along with this present Act, for the greater conveniency. 
 
 Standing Orders to he observed as to Procedure in the 
 General Assembly. 
 
 Edinburgh, May 26, \m2.^Sess. 9. 
 The General Assembly called for the Report of the 
 Commission on the Form of Process, which was 
 given in by the Procurator. The General Assem- 
 bly agree to convert the first Eight Resolutions in 
 page 3 of the Report into Standing Orders of this 
 House. 
 
 I. That the Committee of Overtures shall be appoint- 
 ed to meet on the evening of the first Thursday of tlie 
 Assembly, immediately after the rising of the Committee 
 for revising Commissions, and again on the following 
 morning, at ten o'clock. 
 
 IL 'I'hat there shall be two sessions held on the first 
 Friday of the Assembly, the one thereof at twelve o'clock 
 noon, to be spent in prayer, as at present; the other as 
 soon thereafter as the Assembly may choose to appoint, 
 for the purpose of hearing the reports of the Committees 
 on Bills and Overtures, and for the arrangement and 
 dispatch of business generally. 
 
 III. That the practice of reading the Answer to the 
 King's Letter, or any Address, paragraph by paragraph, 
 
54 STANDING ORDERS. 
 
 in the Assembly itself, be dispensed witli in future, re- 
 serving the right of Members to make such observations 
 as may occur to them thereon as at present. 
 
 IV. That on the second Thursday of its sitting, the 
 Assembly shall determine when Reports of Committees, 
 not previously lodged and disposed of by special order, 
 shall be taken up. 
 
 V. That Rolls of the order of Causes, Overtures, Re- 
 ports, and other matters of business, shall be printed for 
 the use of the Members of Assemibly. 
 
 VI. That, in as far as may be possible, separate days 
 shall be set apart for the hearing of Causes, and consi- 
 deration of Overtures. 
 
 VII. That when a Presbytery acquiesces in the sen- 
 tence of a Synod, it shall not be entitled to appear as a 
 separate party at the bar of the Assembly; but the Mem- 
 bers of Presbytery shall nevertheless be heard as Mem- 
 bers of Synod. 
 
 VIII. That in no case shall there be more than two 
 speeches for each party at the Bar, besides the reply, to 
 which the iVppellant or Complainer shall be entitled. 
 And when there are more than two parties, there shall 
 only be one speaker, and one speech for each, besides the 
 reply. It being understood, that wJtere there is more than 
 one complainer^ each shall be considered as a different 
 party, only in case of its appearing to the x\ssembly that 
 the complaints rest upon distinctly separate grounds. 
 
 Appointed hij the General Assembly to he observed in 
 Future. 
 
 Edinburgh^ June 2, 1834. — Sess. ult. 
 The General Assembly, having heard the-Report of the 
 Procurator on the following Resolutions, which, in 
 terms of the appointment of last Assembly (May 27, 
 1833), had been transmitted to the several Presby- 
 teries of this Church, did and hereby do convert the 
 same into Standing Orders of this House. 
 
 1 . That all papers, whether forming part of the Re- 
 
STANDING ORDERS. 55 
 
 cord, or produced in evidence in any of the Inferior 
 Courts, shall, at the time when they are lodged, be dated 
 and numbered by the clerk of such court, and marked 
 with his initials ; and no paper not so authenticated shall 
 be received in the Courts of Review, unless upon special 
 cause shewn. 
 
 2. That, in future, all Overtures transmitted through 
 the Committee, and all Petitions or other applications to 
 the Assembly transmitted through the Committee of 
 Bills, shall be printed and laid on the Assembly's table, 
 in sufficient numbers for the use of Members, on or be- 
 fore the first Monday of its sitting ; excepting in the case 
 of matters which may come to the knowledge of the 
 Assembly during its sitting ; in which case, the Over- 
 tures, Petitions, &c. shall be printed and laid on the table 
 at least one day before they are discussed. 
 
 3. That the libel and defences, — or when the case 
 commences without a libel, — the petition or other initia- 
 tory step, and the answers thereto, with the sentences of 
 the Inferior Courts, shall be considered as the record. 
 
 4. That in all references, complaints, and appeals, un- 
 der the exception mentioned in article 8th, the same, to- 
 gether with the evidence adduced, shall be printed in 
 sufficient numbers to afford a copy to every Member of 
 Assembly ; which copies shall be laid on the table of the 
 Assembly in sufficient time to admit of the cause being 
 taken up on one of the days during its sitting, otherwise 
 the appeal or other application shall be held to have been 
 fallen from. 
 
 5. That wdien the appeal, complaint, or reference, is 
 made merely on a point of law or relevancy, it shall only 
 be necessary to print such parts of the evidence, if any, 
 as the party may think requisite for the determination of 
 such point of law or relevancy : but in such cases, the 
 papers shall be printed in such time as to enable the 
 Respondent to print any other parts of the evidence which 
 he may deem material for the right understanding of the 
 case. 
 
 6. That reasons of dissent or appeal, and the answers 
 thereto, when made, as well as all other papers not in- 
 
56 STANDING ORDERS. 
 
 eluded in tlie record, shall be produced to the Assembly 
 as heretofore, but shall not be held as included in the re*- 
 gulation as to printing-, 
 
 7. That in causes^ the expense of printing shall be 
 borne by the appellant, when there is one. When the 
 Inferior Court shall refer a cause to the Assembly, with- 
 out pronouncing judgment, the expense shall be borne 
 by the parties mutually, under the certification that the 
 party refusing to pay his share thereof, before the time 
 appointed for laying the same on the table, shall be con- 
 sidered as having deserted the cause, and shall not be en- 
 titled to be heard. 
 
 8. That when there is no appeal or reference, it shall 
 be optional to individual members of Inferior Courts, 
 who may find it their duty to bring the proceedings of 
 these Courts under the review of the Assembly by com- 
 plaint, either to comply with the regulations as to print- 
 ing, or to furnish a complete wTitten copy of the whole 
 papers and proceedings to the Clerk of the Assembly. 
 
 9. That in all other cases, such as Petitions, &c. the 
 expense shall be borne by the party bringing the matter 
 under the notice of the Assembly. 
 
 10. That causes arising out of trials for licence or or- 
 dination, and matters relating to church ordinances ; as 
 also references on matters which do not affect the in- 
 terests of the parties in the cause, shall be excepted from 
 this rule, excepting when the parties may think proper 
 to print of their own accord. 
 
 1 1 . That a copy of every printed paper shall be kept by 
 the Clerk of Assembly, to be bound up and kept in the 
 Recordsof Assembly, with a copy of the judgment annexed. 
 
 Standing Orders to be observed as to the Business of the 
 General Assembly. 
 
 Edinbitrgh, June 1, 1835.^ — Sess. ult. 
 The Procurator, as Convener of the Committee on the 
 Form of Process, then submitted a series of resolu- 
 tions on the subject of making motions and putting 
 the vote, and also on the printing of papers; and 
 
STANDING ORDERS. 57 
 
 the Assembly agreed to convert these into Standing 
 Orders of the House. 
 
 1. ON MOTIONS AND VOTES. 
 
 I. A motion, whether original or amended, sliall be 
 given in to the Clerk in writing, as soon as it shall have 
 been made to the House, and immediately read to the 
 House by the Moderator. 
 
 IT. When a motion is duly seconded, and in possession 
 of the House, it shall not be competent to make any al- 
 teration upon it, excepting in the shape of an amendment, 
 or second or third motion, as the case may be, regularly 
 proposed to the House, unless it shall be consented to by 
 the mover and seconder of any other motion or amend- 
 ment then before the House. 
 
 III. The person who makes the first motion shall have 
 a right to reply ; after which the debate shall bo held to 
 be definitively closed; and no other person shall be entitled 
 to speak, excepting with regard to the manner of putting 
 the vote. 
 
 IV. All motions except the first shall be considered as 
 amendments on the first, and disposed of accordingly. 
 
 V. When there are only two motions before the House, 
 the question put to the vote shall be. Motion or Amendment. 
 
 VI. When there are three motions, the first question 
 shall be, whether the secon<l or third motion shall be put 
 as the amendment against the first; and the second ques- 
 tion shall be, whether the first motion, or the amendment 
 so fixed, shall be the determination of the House. 
 
 VII. When there are more than three motions, the first 
 question shall be, whether that last proposed shall be put 
 as the amendment, and so on till only three remain, when 
 the procedure shall be as prescribed in Article VI. 
 
 VIII. In causes, it shall not be competent to move an 
 amendment to the motion, unless it be of such a nature 
 as to decide the case, or to forward It in its progress. 
 
 2. ON THE PRINTING OF PAPERS. 
 
 I. That all papers laid on the table of the Asseniblv 
 
 c 2 
 
58 STUDENTS* 
 
 shall be printed in the qaarto form used in the Court of 
 Session. 
 
 II. That it shall not be necessary to print Petitions 
 for the opinion of the Procurator, or for aid; or any other 
 merely formal applications, which do not contain any 
 statement on their merits, 
 
 III. That the extracts from the minutes of the Infe- 
 rior Court shall always be printed entire. 
 
 STUDENTS OF DIVINITY. 
 
 Overture and Interim Act relating to Students residing 
 beyond the bounds of this Church, before their entrance 
 on the Studii of Divinity, 
 
 Edinburgh, May 28, 1832 Sess. ult. 
 
 The General Assembly retransmit the following Over- 
 ture, and continue the same as an Interim Act: — 
 
 It is hereby overtured. That it be enacted, with the 
 consent of the Presbyteries of this Church, that Students 
 not resident within the bounds of the Church of Scotland, 
 w ho have finished a Course of Philosophy in any of the 
 Universities of Scotland, may, previous to their enrol- 
 ment as Students of Divinity, be examined by the Pres- 
 bytery within whose bounds the University at which they 
 have studied is situate, either at the end of the last ses- 
 sion of their Course of Philosophy, or immediately before 
 the commencement of their first session in Divinity. 
 
 Overtures and Interim Acts relative to the Attendance 
 of Students of Divinity on the Classes of Church 
 History and Hebrew. 
 
 Edinburgh, May 28, 1832 Sess, ult. 
 
 The General Assembly, on the Report of the Com- 
 mittee on Theological Teaching, agree to transmit to 
 Presbyteries the overtures relating to attendance on the 
 
STUDENTS. 59 
 
 classes of Church History and Hebrew, and convert the 
 said overtures into interim acts; it being- understood that 
 neither of them shall be applicable to such Students of 
 Divinity as, before this date, have completed the period 
 of regular attendance required by the Acts of Assembly 
 heretofore in force. 
 
 Overture I It is overtured, That, v,ith consent of 
 
 the Presbyteries of this Church, it be enacted, that every 
 student of divinity shall, on application to be taken on 
 trials before any Presbytery, produce a certificate or cer- 
 tificates of having regularly attended the class of Church 
 History during two of the sessions which he claims to be 
 considered as sessions of regular attendance at the Divi- 
 nity Hall, if such a class exist in the university or 
 universities at which he has prosecuted his theological 
 studies. 
 
 Overture II. — It is overtured. That, with the consent of 
 the Presbyteries of this Church, every student of divinity 
 shall henceforth attend the Hebrew class in one or other 
 of the universities during two of the sessions which he 
 claims as sessions of regular attendance at the Divinity 
 Hall; and that the certificate of such attendance shall in 
 every case be required by Presbyteries before receiving 
 any student of divinity on trials. 
 
 Acts relative to the Attendance of Students of Divinity 
 on the Classes of Church History and Hebrew. 
 
 Edinburgh, May 27, 1833 — Sess. ult. 
 
 The General Assembly, with consent of a majority of 
 the Presbyteries of this Church, hereby enact and ordain, 
 
 " I. That every student of divinity shall, on applica- 
 tion to be taken on trials before any Presbytery, produce 
 a certificate or certificates of having regularly attended 
 the class of Church History during two of the sessions 
 which he claims to be considered as sessions of regular 
 attendance at the Divinity Hall, if such a class exist in 
 the University or Universities at which he has prosecuted 
 his theological studies. 
 
 " II. That every student of divinity shall henceforth 
 
60 STUDENTS, 
 
 attend the Hebrew class in one or other of the Univer- 
 sities during two of the sessions which he claims to be 
 considered as sessions of regular attendance at the Divi- 
 nity Hall; and that the certificate or certificates of such 
 attendance shall in every case be required by Presbyte- 
 ries before receiving students of divinity on trials; it be- 
 ing understood that a senior and junior class are taught 
 l)y every Professor of Hebrew at separate hours." 
 
 Overture and Interim Act relating to Students residing 
 beyond the bounds of this Church, before their entrance 
 on the Study of Divinity. 
 
 Edinburgh, May 27, 1833.— ^^55. ult. 
 The General Assembly retransmit the following Over- 
 ture, and continue the same as an Interim Act: — 
 
 " It is hereby ovcrtured, That it be enacted, with the 
 consent of the Presbyteries of this Church, that Students 
 not resident within the bounds of the Church of Scotland, 
 who have finished a Course of Philosophy in any of the Uni- 
 versities of Scotland, may, previous to their enrolment as 
 Students of Divinity, be examined by the Presbytery with- 
 in whose bounds the University at Avhich they have studied 
 is situate, either at the end of the last session of their 
 Course of Philosophy, or immediately before the com- 
 mencement of their first session in Divinity." 
 
 Overture and Interim Act relating to Students residing 
 beyond the bounds of this Church, before their entrance 
 o-n the Study of Divinity ,—( Act 14.J 
 
 Edinburgh, June 1834. — Sess.idt. 
 The General Assembly retransmit the following Over- 
 ture, and continue the same as an Interim Act : — 
 
 " It is hereby overtured. That it be enacted, with the 
 consent of the Presbyteries of this Church, that Students 
 not resident within the bounds of the Church of Scotland, 
 Avho have finished a Course of Philosophy in any of the 
 Universities of Scotland, may, previous to their enrol- 
 ment as Students of Divinity, be examined by the Pres- 
 
STUDENTS. 61 
 
 bytery within whose bounds the University at which they 
 have studied is situate, either at the end of the last session 
 of their Course of Philosophy, or immediately before the 
 commencement of their first session in Divinity." 
 
 Act on the Examination of Students residing beyond the 
 bounds of this Church, before their entrance on the 
 Study of Divinity. 
 
 Edinburgh, June 1, 1835. — Sess. ult. 
 On the report of the Committee appointed to class 
 Returns to Overtures, that a Majority of Presby- 
 teries had approved of this Overture, the General 
 Assembly pass the same into a Standing Law of the 
 Church. 
 
 The General Assembly therefore did, and hereby do, 
 resolve, enact, and declare, That students not resident 
 within the bounds of the Church of Scotland, who have 
 finished a Course of Philosophy in any of the Universi- 
 ties of Scotland, may, previous to their enrolment as Stu- 
 dents of Divinity, be examined by the Presbytery within 
 whose bounds the University at which they have studied 
 is situate, either at the end of the last session of their 
 Course of Philosophy, or immediately before the com- 
 mencement of their first session in Divinity. 
 
 Overture anent a Hebrew Exercise, 
 
 Edinburgh, June 1, 1835. — Sess. ult. 
 The General Assembly agree to transmit to Presby- 
 teries the following Overture: — 
 
 As nothing can be more important to the interests of 
 the Christian Church, than the adequate preparation of 
 those who are to sustain the office of the Sacred Mini- 
 stry, for the discharge of the duties of that office ; — and 
 as an exact and critical acquaintance with the Scriptures 
 in the original languages, is an attainment that is indis- 
 pensable for enabling them, by the Divine blessing, to 
 
62 STUDENTS. 
 
 convey to the minds of the people a just and accurate 
 knowledge of the revealed will of God ; — it is overtured, 
 with the view of more effectually promoting the great end 
 of the Christian Ministry in our National Established 
 Church, that a Critical Hebrew Exercise, on some portion 
 of the original text of the Old Testament, be appointed 
 to be prepared and delivered by every Theological Stu- 
 dent, in the course of his attendance at the Divinity Hall, 
 in addition to those exercises that are already prescribed 
 by the Church. 
 
 Overtures anent the Annual Examination of Students of 
 Divinity. 
 
 Edinburgh, June 1, 1835. — Sess. ult. 
 The General Assembly transmit the following Over- 
 ture : — 
 
 " It is overtured. That whereas it is of primary import- 
 ance to the interest of religion in the Church, that those 
 w^ho are preparing for the office of the Ministry should 
 be in every respect w^ell qualified for that office, and that 
 the Church should have every possible evidence of their 
 being so, before they are licensed to preach the Gospel 
 as Probationers ; and whereas it would evidently tend 
 to promote these important objects to place them, as 
 much as possible, during the w'hole period of their Theo- 
 logical Studies, under the superintendence of the Presby- 
 teries at whose hands they have the prospect of receiving 
 licence ; the General Assembly should enact and ordain, 
 with the consent of the Presbyteries of the Church, that 
 every Student of Divinity be examined by the Presby- 
 tery within whose bounds he resides, not only previous to 
 his being first enrolled as a Student of Divinity, and 
 again, in certain cases, in the third year of his attendance 
 at the Hall, but that he be examined every year ; and 
 that he be required to produce to the Professor of Divi- 
 nity every session of his attendance at the Hall, a certi- 
 ficate from the Presbytery of his having been examined 
 by them on the progress made by him in his studies, and 
 
SYNODS. 63 
 
 of the Presbytery's satisfaction with the same, as well as 
 a certificate of his good moral character from the minister 
 of the parish, before he can be enrolled." 
 
 Overture for the Examination of Students on the Cate- 
 chetical Standards of the Church. 
 
 Edinburgh^ June 1, 1835 Sess. ult. 
 
 The General Assembly transmit the following Over- 
 ture : — 
 
 " Whereas it is of great importance, that all who are 
 about to enter upon a course of study, with a view to the 
 exercise of the Holy Ministry, should possess a good 
 general knowledge of the truths of Scripture; and whereas 
 the Act of Assembly 1827, by which students are ap- 
 pointed to be examined by their respective Presbyteries, 
 previous to their enrolment as Students of Divinity, 
 merely specifies " Literature, Science, and Philosophy, 
 particularly Greek and Latin," as the subjects of exami- 
 nation ; it is overtured. That, with consent of the Pres- 
 byteries of the Church, it be enacted, that all Students, 
 previous to their first enrolment at the Divinity Hall, shall 
 likewise be examined by their respective Presbyteries, 
 upon their knowledge of the Christian religion, as it is 
 exhibited in the catechetical standards of the Church, and 
 shall produce to the Professors of Divinity, under whom 
 their studies are to be conducted, certificates from their 
 Presbyteries, bearing that they have passed such examina- 
 tion in a satisfactory manner." 
 
 SYNODS. 
 
 Act for altering the Day of Meeting of the Synod of 
 Glenelg, and of the Synod of Lothian and Tweeddale 
 in May. 
 
 Edinburgh, June 1, 1835 Sess. ult. 
 
 The General Assembly appoint the meeting of the 
 
64 CHURCH PATRONAGE. 
 
 Synod of Glenelg to be changed from the third Wed- 
 nesday of July, to the Wednesday preceding the opening 
 of the General Assembly, by one calendar month. 
 
 The General Assembly also appoint the meeting of the 
 Synod of Lothian and Tweeddale in May, to be holden 
 henceforth on the second instead of the first Tuesday of 
 that month. 
 
 CHURCH PATRONAGE. 
 
 Besides the Acts of Parliament abolishing Popery, 
 and ratifying the establishment of the Protestant Re- 
 formed Church of Scotland in the year 1567 (which will 
 be found in the 1st vol. of the Compendium), there was 
 a special act the same year with respect to the examina- 
 tion and admission of Ministers, and the presentation by 
 laic Patrons. It was passed on the 15th of December 
 1567 (ch. 7), and is in the following terms: — 
 
 " Item, It is statute and ordained be our Soveraine 
 Lord, with advise of his dearest Regent, and three Estaitis 
 of this present Parliament, that the examination and ad- 
 mission of ministers, within this realme, be only in the 
 power of the Kirk, now openlie and publickly professed 
 within the samin. The presentation of laick patronages 
 alwaies reserved to the just and auncient patrones. And 
 that the patroun present ane qualified persoun, within sex 
 monethes (after it may cum to his knavvledge, of the de- 
 cease of him quha bruiked the benefice of before) to the 
 superintendent of thay partis, quhair the benefice lyes, or 
 uthers, havand commission of the Kirk to that eff'ect; 
 utherwaies the Kirk to have power to dispone the samin 
 to ane qualifyed person for that time. Providing that in 
 caice the patron present ane person qualified to his under- 
 standing, and failzeing of ane, ane uther within the said 
 sex moneths, and the said superintendent or commissioner 
 of the Kirk, refusis to receive and admit the person pre- 
 sented be the patron, as said is : It sail be lesum to the 
 patron to appeale to the superintendent, and ministers of 
 that province quhair the benefice lyis, and desire the person 
 
CHURCH PATRONAGE. 05 
 
 presented to be admitted, qnhilk gif they refuse, to appeale 
 to the General Assemblie of this haill realme, be quhome 
 the cause beand deeydcd, sail take end, as thay decerne 
 and declair." 
 
 The next important statute on this subject is the Act 
 1592, which will be found ad loiujum in the Compen- 
 dium (vol. I. p. 11); but in order to preserve the series 
 of enactments unbroken, the clause of it which refers to 
 Patronage is here given. 
 
 '' Item^ Oure said Souerane Lorde and Estaitis of 
 Parliament foirsaidis, abrogatis, cassis, and annullis the 
 XX act of the [samen] Parliament, halden at Edinburgh 
 the said yier I"\ v\ Ixxxiiij yieris, granting commission 
 to Bishoppis and vtheris iuges constitute in ecclesiastical 
 causes, to ressaue his Hieness presentatioun to benefices, 
 to gifF collatioun thairvpon, and to put ordour in all 
 causes ecclesiasticall, quhilk his Maiestie and Estaitis 
 foirsaidis declairis to be expyrit in the self, and to be null 
 in tyme cuming, and of nane avail, force nor effect : And 
 thairfoir ordainis all presentatiounis to benefices to be 
 direct to the particular Presbiteries in all tyme cuming, 
 with full power to thame to give collationis thairvpon, 
 and to put ordour to all materis and causis ecclesiasticall 
 within thair boundis, according to the discipline of the 
 Kirk • Providing the foirsaidis Presbiteries be bund and 
 astrictit to ressaue and admitt quhatsumeuer qualifiet Mi- 
 nister presentit be his Maiestie, or other laic Patrounes." 
 —Acts Pari Scot, edit, 1814, vol. iii. p. 541-2. 
 
 Act anent non-Covenanting Patrons — 1646. 
 
 " The Estates of Parliament now conveened, in the 
 fifth Session of this first Trienniall Parliament, Taking 
 to their consideration the ninth Act of his Majestie's 
 second Parliament, in the yeer 1641, anent non-Cove- 
 nanting Patrones, and other non-Covenanters therein 
 mentioned, Thiidt it very reasonable that the same be 
 extended in manner following ; And therefore declare, 
 That Presbyteries shall not onely have rio^ht, proprio 
 jure, to plant and provide all and sundry Kirks of the 
 Patronages belonging to any person that have not sub- 
 
66 CHURCH PATRONAGE. 
 
 scribed the National Covenant, but also all Kirks of the 
 Patronag-es belonging- to any person that hath not sub- 
 scribed the League and Covenant of the three King- 
 doms, or that is, or shall be Excommunicate, And from 
 the time of the publike enjoying the Covenant by the 
 Kirk, and of pronouncing the sentence of Excommuni- 
 cation, ay and while they subscribe the saids Covenants, 
 and be relaxed from Excommunication respective. And it 
 is also declared and ordained. That all Kirks of the Pa- 
 tronages belonging to any person that is or shall be for- 
 faulted, for whatsoever cause, be provided and planted 
 hereafter by Presbyteries within whose bounds they lye, 
 and that the right of planting thereof shall belong to 
 Presbyteries plena et proprio jure in time coming; De- 
 claring also hereby, that the planting and providing of 
 all and sundry the Kirks above-mentioned, shall always 
 beaccording to the Propositions of Ordination of Ministers 
 agreed upon by the Assemblies of both Churches, and 
 ratified by the Parliament of this Kingdom. And 
 further, the Estates extends the Act of Parliament above- 
 mentioned, against the refusers of the League and Cove- 
 nant of the three Kingdoms, and Excommunicate per- 
 sons, in the whole tenor and effect thereof; Ordaining the 
 same to be as effectuall in all points against them as 
 against the refusers of the Nationall Covenant therein 
 expressed." 
 
 Act aholishhig the Patronages of Kirks* 
 
 9th March 1649. 
 The Estates of Parliament, being sensible of the great 
 obligation that lays upon them by the National Covenant, 
 and by the Solemn League and Covenant, and by many 
 deliverances and mercies from God, and hy the late so- 
 lemn engagement unto duties, To preserve the doctrine, 
 and maintain and vindicate the liberties of the Kirk of 
 Scotland, and to advance the work of Reformation there- 
 in to the utmost of their power; and considering that pa- 
 
 * This act, which was passed daring the dominance of the Cove- 
 nanters and the Civil War, was abrogated by the Act rescissory at the 
 Restoration, 16C1. 
 
CHURCH Patronage. 67 
 
 tronaires and presentations of kirks is an evil and bondage 
 under which the Lord's people and ministers of this land 
 have long- groaned, and that it hath no warrant in God's 
 word, but is founded onely on the Canon Law^, and is a 
 custom Popish, and brought into the kirk in time of ig- 
 norance and superstition; and that the same is contrary to 
 the Second Book of Discipline, in which, upon solid and 
 good ground, it is reckoned among abuses that are desired 
 to be reformed, and unto several Acts of General Assem- 
 blies; and that it is prejudiciall to the liberty of the peo- 
 ple, and planting of kirks, and unto the free calling and 
 entrie of ministers unto their charge. And the saids 
 Estates being willing and desirous to promove and ad- 
 vance the Reformation foresaid, that everie thing in the 
 house of God may be ordered according to his word and 
 commandment. Doe, therefore, from the sense of the for- 
 mer obligations, and upon the former grounds and rea- 
 sons, discharge for ever hereafter, all Patronages and Pre- 
 sentations of Kirks, whether belonging to the King or to 
 any Laik Patrone, Presbyteries or others within this 
 Kingdom, as being unlawfull and unwarrantable by God's 
 word, and contrary to the doctrine and liberties of this 
 kirk ; and doe repeal, rescind, make void, and annuU all 
 gifts and rights granted thereanent; And all former acts 
 made in Parliament or in any inferior judicatory in fa- 
 vours of any patrone or patrones whatsoever, so far as the 
 same doth or may relate unto the presentation of kirks, 
 and doth statute and ordain that no person or persons 
 whatsomever shall at any time hereafter take upon them, 
 under pretext of any title, infeftment, act of Parliament, 
 possession or warrant whatsoever, which are hereby re- 
 pealed, to give, subscrive, or seal any presentation to any 
 kirk within this kingdom; and discharges the passing of 
 any infeftments hereafter bearing a right to patronages to 
 be granted in favours of these for whom the infeftments 
 are presented, and that no person or persons shall either 
 in the behalfe of themselves or others, procure, receive, 
 or make use of any presentation to any kirk within this 
 kingdom: And it is farther declared and ordained, that if 
 any presentation shall hereafter be given, procured or re- 
 
68 CHURCH PATRONAGE. 
 
 ceived, that the same is null and of no effect, and that it 
 is lawfull for Presbyteries to reject the same, and to refuse 
 to admit any to trials thereupon, and notwithstanding 
 thereof to proceed to the planting of the kirk upon the 
 sute and calling, or with the consent of the congregation, 
 on whom none is to be obtruded against their will. And 
 it is decerned, statute, and ordained, That whosoever here- 
 after shall, upon the suit and calling of the congregation, 
 after due examination of their literature and conversation, 
 be admitted by the Presbytery into the exercise and 
 function of the ministry in any paroch within this king- 
 dom, that the said person or persons v/ithout a presenta- 
 tion, by vertue of their admission, hath sufficient right and 
 title to possesse and enjoy the manse and gleib, and the 
 whole rents, profits, and stipends which the ministers of 
 that Burgh had formerly possess't and enjoyed, or that 
 hereafter shall be modified by the Commission for the 
 Plantation of Kirks; and decerns all titulars and tacksmen 
 of tythes, heretors, liferenters, or others, subject and 
 lyable in payment of ministers' stipends, to make payment 
 of the same, notwithstanding the minister his w-ant of a 
 presentation : And ordains the Lords of Session and 
 other Judges competent to give out decreets and sentences, 
 letters conform, horning, inhibition, and all others exe- 
 cutorials upon the said admission of ministers by Presby- 
 teries, as they w^ere formerly in use to doe upon collation 
 and institution following upon presentation from patrons. 
 Declaring alwayes, that where ministers are already ad- 
 mitted upon presentation, and have obtained decreets con- 
 form thereupon, that the said decreets and executorial 
 following thereupon shall be good and valide rights to 
 the ministers for suiting and obtaining payment of their 
 stipend; and the presentation and decreet conform ob- 
 tained before the date hereof shall be a valid ground and 
 right for that effect; notwithstanding the annulling of 
 presentations be vertue of this present act, and because 
 it is needfuU that the just and proper interest of Congre- 
 gations and Presbyteries, in providing of kirks with mi- 
 nisters, be clearly determined by the General Assembly, 
 and what is to be accompted the Congregation having 
 
CHURCH PATRONAGE. 60 
 
 tliat Interest, therefore it is seriously recommended unto 
 the next General Assembly clearly to determine the 
 same, and to condiscend upon a certain standing way for 
 being a settled rule therein for all time comming. And it 
 is hereby provided, declared, and ordained, that the tak- 
 ing away of patronages and presentations off kirks shall 
 import nor inforce no hurt nor prejudice unto the title 
 and right that any patrone hath unto the tythes of the 
 paroch, nor weaken his infeftment wherein the same is 
 contained, but that the said title, right, and infeftment 
 shall in every respect (so farre as doeth concern the 
 tythes) be als valid and Strang as when presentations 
 were in use. It is further statute and ordained, that the 
 tythes of these kirks whereof the presentations are hereby 
 abolished, shal belong heretably unto the said patrons, 
 and be secured unto them, and inserted in their rights 
 and infeftmicnts in place of the patronage. Likeas the 
 Estates of Parliament declare the said patrons their right 
 thereunto to be good and valid; hereby granting full 
 power to them to possesse, sell, annalzie, and dispone the 
 same in manner after specified, as fully and freely as the 
 minister and patron might have done before the making 
 of these presents ; excepting always therefrom these 
 tythes which the heretors have had and possest be ver- 
 tue of taks set to them by the ministers, without any 
 deed or consent of the patrones, concerning which it is 
 provided, that the said tythes, at the issue and outrun- 
 ning of the present taks, shall belong unto the heritors 
 respective ; these said heritors and the patrons above 
 mentioned, each of them for their interest, bein-* always 
 liable to the payment of the present stipends to the 
 ministers, and to such augmentation and provision of 
 new stipends to one or more ministers, and such as the 
 Parliament or Commission for Plantation of Kirks shall 
 think lit and appoint : Excepting also such tythes as are, 
 and have been, possesst and uplifted by the minister, as 
 their proper stipends ; concerning which it is hereby de- 
 clared, that the minister shall enjoy the same without any 
 impediment, as formerly ; — it being hereby provided also, 
 tliat this act shall prejudge no person of the right, title, 
 
/O CHURCH PATRONAGE. 
 
 and possession of their tytnes, by infeftments, taks, and 
 other lawful right acquired by them, and their predeces- 
 sors and authors, as accords of the law : Likeas the Es- 
 tates of Parliament renew the former acts granted in 
 favours of heritors, for valuing, leading, and bringing 
 of their tythes ; Thereby ordaining any patron, having 
 right to these tythes, made to them by this act, and hav- 
 ing no right tliereunto of before, to accept the value of 
 six yeers rents, according to the prices of valued bolls 
 respective, enjoyed and set down in the former acts there- 
 anent, and that for the heritable right of the said tythes, 
 and for all title, interest, or claim that the said patrons 
 can have or pretend thereunto, by vertue of this act. 
 
 Act concerning Patronages. — 1690o 
 
 " Our Sovereign Lord and Lady, the King and Queen's 
 Majesties, considering, that the power of presenting 
 ministers to vacant churches, of late exercised by patrons, 
 hath been greatly abused, and is inconvenient to be con- 
 tinued in this realm, do therv fore, with the advice and 
 consent of the Estates of Parliament, hereby discharge, 
 cass, annull, and make void the foresaid power, hereto- 
 fore exercised by any patron, of presenting ministers to 
 any kirk now vacant, or that shall hereafter happen to 
 vaick within this kingdom, with all exercise of the said 
 power: And also all rights, gifts, and infeftments, acts, 
 statutes and customs, in so far as they may be extended, 
 or understood, to establish the said right of presentation ; 
 but prejudice always of such ministers as are duly entred 
 by the foresaid presentations (while in use) their right to 
 the manse, gleib, benefice, stipend, and other profits of 
 their respective churches, as accords: And but prejudice 
 to the patrons of their right to employ the vacant sti- 
 pends on pious uses, w ithin the respective parishes, except 
 ■where the patron is popish, in v\hich case he is to employ 
 the same on pious uses by the advice and ap}>ointment of 
 the presbytery; and in case the patron shall fail in apply- 
 ing the vacant stipend for the uses foresaid, that he shall 
 lose his right of administration of the vacant stipend, for 
 
CHURCH PATRONAGE. 71 
 
 that and the next vacancy, and the same shall be disposed 
 on by the Presbytery to the uses foresaid; excepting 
 always the vacant stipends within the bounds of the synod 
 of Argile: And to the effect, the calling and entering 
 ministers, in all time coming, may be orderly and regu- 
 larly performed, their Majesties, with consent of the 
 Estates of Parliament, do statute and declare, that, in 
 case of the vacancy of any particular church, and for sup- 
 plying the same with a minister, the heritors of the said 
 parish (being Protestants) and the elders, are to name and 
 propose the person to the whole congregation, to be either 
 approven or disapproven by them ; and if they disapprove, 
 that the disapprovers give in their reasons, to the effect 
 the affair may be cognosced upon by the presbytery of 
 the bounds, at whose judgement, and by whose deter- 
 mination, the calling and entering of a particular minister 
 is to be ordered and concluded: And it is hereby enacted. 
 That if ap))lication be not made by the eldership, and 
 heritors of the parish, to the presbytery, for the call and 
 choice of a minister within the space of six months after 
 the vacancy, that then the presbytery may proceed to 
 provide the said parish, and plant a minister in the 
 church, tanquam jure devoluto. It is always hereby 
 declared. That this act shall be but prejudice of the call- 
 ing of ministers to royal burghs by the magistrates, 
 town council, and kirk session of the burgh where there 
 is no landward parish, as they have been in use before 
 the year 1560. And where there is a considerable part 
 of the parish in landward, that the call shall be by magis- 
 trates, town council, kirk session, and the heritors of the 
 landward parish. And in lieu and recompence of the 
 said right of presentation, hereby taken away, their 
 Majesties, with advice and consent foresaid, statute and 
 ordain the heritors, and liferenters of each parish, and 
 the town councils for the burgh, to pay to the said 
 patrons, betwixt and Martinmas next, the sum of six 
 hundred merks, proportionally effeiring to their valued 
 rents in the said parish, viz. Two parts by the heritors, 
 and a third part by the liferenters, deducing always the 
 patron's own part, effeiring to his proportion as an heritor, 
 
72 GHURCH PATROKAGE. 
 
 and that upon the said patron his granting a sufficient 
 and formal renunciation of the said right of presentation 
 in favours of the said heritors, town council for th« burgh, 
 and kirk session : And it is hereby declared, That, as 
 to the parishes to which their Majesties have right to pre- 
 sent, upon payment of the said six hundred merks to the 
 clerk of the thesaury, their Majesties shall be fully de- 
 nuded of their right of presentation as to that parish ; and 
 as to other patrons, if they refuse to accept the said six 
 hundred merks, the same is to be consigned in the hands 
 of a responsal person in the parish, upon the hazard of 
 the consigners, not to be given up to the patron, until he 
 grant the said renunciation; allowing, in the mean time, 
 the heritors and kirk session to call the minister conform 
 to this act : And ordains letters of horning to be direct at 
 the instance of the patron, against the heritors and others 
 who shall not make payment of the said six hundred 
 merks, after the said term of Martinmas next, and like- 
 wise at the instance of the heritors, and others willing to 
 pay, against these who are unwilling. And in case the 
 patron be unwilling to accept the said sum, or the heri- 
 tors, and others aforesaid, unwilling to pay, ordains letters 
 of horning to be direct, at the instance of their Majesties 
 solicitor, against either of them. And further, their 
 Majesties, with advice and consent foresaid, statute, enact 
 and declare. That the right of the teinds of the said 
 parishes, which are not heritably disponed, shall, by 
 virtue of this present act, belong to the said patrons, with 
 the burden always of the ministers' stipends, tacks and 
 prorogations already granted of the said teinds, and of 
 such augmentations of stipends, future prorogations, and 
 erections of new kirks, as shall be found just and expe- 
 dient, providing the said patrons, getting right to the 
 teinds, by virtue of this present act, and who had no 
 right thereto of before, shall be; likeas, they are hereby 
 obliged to sell to each heritor the teinds af his own lands, 
 at the rate of six years purchase, as the same shall be 
 valued by a commission far valuation of teinds; and 
 whereas there are certain lands and annualrents hold en of 
 the said benefices, and beneficed persons, from which the 
 
CHURCH PATRONAGE. 73 
 
 parsons might have some benefit arising to them ; it is 
 hereby ordained, that the right of superiority of the said 
 lands and annualrents shall belong to their Majesties in all 
 time coming, with all the whole casualties and emoluments 
 thereof, notwithstanding of any former act of Parliament 
 in the contrar; reserving, notwithstanding, to the patrons, 
 the feu-farms and feu-mails of the said superiorities, 
 ay and while they receive payment and satisfaction from 
 their Majesties of the price thereof, at the rate of 100 
 merks for each chalder of victual over head, and for each 
 hundred merks of feu-mail, except where the said feu- 
 farms are a part of the minister's modified stipend, or 
 where the minister is and has been in possession thereof 
 by the space of ten years, or where he has the full bene- 
 fice, in which cases they are to be irredeemable. Except- 
 ing likewise from this act the superiorities belonging to 
 the deanry of Hamilton, and the provostry of Bothwel, 
 whereunto the Duke of Hamilton has right, which are- 
 no ways hereby prejudged." 
 
 Aji Act to restore the Patrons to their ancient Rights of 
 presenting Ministers to the Churches vacant in that 
 Part of Great Britain called Scotland — 1712. 
 
 Whereas by the antient laws and constitutions of that 
 part of Great Britain called Scotland, the presenting of 
 ministers to vacant churches did of right belong to the pa- 
 trons, until, by the twenty-third Act of the second Session 
 of the first Parliament of the late King William and Queen 
 Mary, held in the year one thousand six hundred and 
 ninety, intituled. Act concerning Patronages, the pre- 
 sentation was taken from the patrons, and given to the 
 heretors and elders of the respective parishes; and in place 
 of the right of presentation, the heretors and liferenters 
 of every parish were to pay to the respective patrons a 
 small and inconsiderable sum of money, for which the 
 patrons were to renounce their right of presentation 
 in all times thereafter: And whereas by the fifteenth 
 
 D 
 
74 CHURCH PATRONAGE. 
 
 Act of the fifth Session, and by the thirteenth Act of the' 
 sixth Session of the first Parliament of the said King- 
 William, the one intituled, A?i Act for encouraging of 
 preachers at vacant churches he-north Forth, and the 
 other intituled, Act in favour of Preachers be-north 
 Forth; there are several burthens imposed upon vacant 
 stipends, to the prejudice of the patron's right of disposing- 
 thereof : And whereas that way of calling ministers has 
 proved inconvenient, and has not only occasioned great 
 heats and divisions amon^ those who by the foresaid 
 iVct were entitled and authorized to call ministers, but 
 likewise has been a great hardship upon the patrons, 
 whose predecessors had founded and endowed those 
 churches, and who have not received payment or satis- 
 faction for their right of patronage from the aforesaid 
 heretors or liferenters of the respective parishes, nor have 
 granted renunciations of their said rights on that account : 
 Be it therefore enacted, by the Queen's most excellent 
 Majesty, by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same, 
 That the aforesaid Act, made in the year one thousand six 
 hundred and ninety, intituled. Act concerning Patronages, 
 in so far as the same relates to the presentation of mini- 
 sters by heretors and others therein mentioned, be, and is 
 hereby repealed and made void ; and that the aforesaid 
 fifteenth Act of the fifth Session, and thirteenth Act of 
 the sixth Session of the first Parliament of King William, 
 be, and are hereby likewise repealed and made void; and 
 that in all time coming, the right of all and every patron 
 or patrons to the presentation of ministers to churches 
 and benefices, and the disposing of the vacant stipends for 
 pious uses within the parish, be restored, settled, and con- 
 firmed to them, the aforesaid Acts, or any other Acts, sta- 
 tute, or custom to the contrary in anywise notwithstanding; 
 and that from and after the first day of May one thousand 
 seven hundred and twelve, it shall and may be lawful for 
 her Majesty, her heirs and successors, and for every other 
 person or persons who have right to any patronage or 
 
CHURCH PATRONAGE. 75 
 
 patronages of any church or churches whatsoever, in that 
 part of Great Britain called Scotland (and who have 
 not made and suhscribed a formal renunciation thereof 
 under their hands), to present a qualified minister or 
 ministers to any church or churches whereof they are 
 patrons, which shall, after the said first day of May, hap- 
 pen to be vacant ; and the presbytery of the respective 
 bounds shall and is hereby obliged to receive and admit 
 in the same manner such qualified person or persons, 
 minister or ministers, as shall be presented by the respec- 
 tive patrons, as the persons or ministers presented before 
 the making of this Act ought to have been admitted. 
 
 II. Provided always. That in case any patron or pa- 
 trons have accepted of, and received any sum or sums of 
 money from the heretors or liferenters of any parish, or 
 from the magistrates or town council of any borough, in 
 satisfaction of their right of presentation, and have dis- 
 charged or renounced the same, under their hand, that 
 nothing herein shall be construed to restore such patron 
 or patrons to their right of presentation ; any thing in 
 this present Act to the contrary notwithstanding. 
 
 III. Provided also, and it is hereby enacted by the 
 authority aforesaid. That in case the patron of any church 
 aforesaid shall neglect or refuse to present any qualified 
 minister to such church that shall be vacant the said first 
 day of May^ or shall happen to be vacant at any time 
 thereafter, for the space of six months after the said first 
 day oi May, or after such vacjincy shall happen, that the 
 right of presentation shall accrue and belong for that time 
 to the presbytery of the bounds where such church is, 
 who are to present a qualified person for that vacancy, 
 tanquam jure devohfto. 
 
 IW And be it fnrtlier enacted and declared, by the 
 authority aforesaid. That the patronage and right of pre- 
 sentation of nunisters to all churches which belonged to 
 Archbishops, Bishops, or other dignified persons, in the 
 year one thousand six hundred and eighty-nine, before- 
 Episcopacy was abolished, as well as those wliich for- 
 merlv belon^-ed to the Crown, shall and do of ri'i^ht belong 
 
76 CHURCH PATRONAGE, 
 
 to her Majesty, her heirs and successors, who may pre- 
 sent qualified ministers to such church or churches, and 
 dispose of the vacant stipends thereof for pious uses, in 
 the same way and manner as her Majesty, her heirs and 
 successors, may do in the case of other patronages be- 
 longing to the Crown. 
 
 V. Declaring always. That nothing in this present 
 Act contained shall extend, or be construed to extend, 
 to repeal and make void the aforesaid twenty-third Act 
 of the second Session of the first Parliament of the late 
 King William and Queen Msltj, excepting so far as re- 
 lates to the calling and presenting of ministers, and to 
 the disposing of vacant stipends in prejudice of the pa- 
 trons only. 
 
 VI. And be it further enacted, by the authority afore- 
 said. That all and every patron and patrons, who have 
 not taken or shall not take, at any time before his or 
 their presenting a minister or ministers to any church or 
 churches aforesaid, the oath appointed to be taken by 
 persons in publick trust, by an Act made in the sixth 
 year of her Majesty's reign, intituled, j4n Act for the 
 better security of her Majesty s person and government^ 
 shall, and are hereby obliged, at their signing such pre- 
 sentation, to take and subscribe the aforesaid oath before 
 the sheriff of the shire, Stewart of the stewartry, or before 
 any two or more justices of the peace of the county or 
 place where such patron resides ; and in case such patron 
 or patrons, v>ho have not formerly taken the aforesaid 
 oath, refuse or neglect to take the same at the signing 
 of such presentation, that the same shall be and is hereby 
 declared to be void, and the right of presentation, and of 
 the disposing the vacant stipends for that time, shall be- 
 long to her Majesty, her heirs and successors, who may 
 present a qualified person to such church or benefice, at 
 any time within the space of six months after such ne- 
 glect or refusal ; any thing in this present Act, or any 
 other Act, to the contrary notwithstanding. 
 
 VII. And whereas the right of patronage of churches 
 may belong to Papists ; be it therefore enacted, by the 
 
USAGE OF THE CHURCH. 77 
 
 authority aforesaid, That any person or persons, known 
 or suspected to be Papists, and who have a right of 
 presenting ministers, shall be obliged, at or before his or 
 their signing any presentation, to purge himself of Popery, 
 by taking and signing the Formula contained in the third 
 Act of the Parliament of Scotland, held in the year one 
 thousand seven hundred, intituled. Act for preventing the 
 growth of Popery ; and in case such Popish patron or 
 patrons shall refuse to take and subscribe the Formula 
 aforesaid, the same being tendered to him or them by the 
 sheriff of the shire, Stewart of the stewartry, or any two or 
 more justices of the peace within their respective jurisdic- 
 tion, who are hereby empowered to administer the same, 
 the presentation and the right of disposing the vacant 
 stipends shall for that time belong to her Majesty, her 
 heirs and successors, who may present any qualified person 
 or persons within six months after such neglect or refusal ; 
 any thing in this present Act, or any other Act, to the 
 contrary notwithstanding. 
 
 USAGE OF THE CHURCH IN THE SET- 
 TLEMENT OF MINISTERS. 
 
 In addition to the statutes by which the Clergy of the 
 Scottish Church have been inducted to their charges, 
 the usage from the earliest period of its history is of ma- 
 terial importance, as affording evidence of the practical 
 interpretation of the Law. Without obtruding any theory 
 on this subject, it is deemed fitting to subjoin the follow- 
 ing extracts from the Records of the Church, as authen- 
 ticated by the testimony of Dr Lee, the principal Clerk 
 to the General Assembly, and the late Dr APCrie. These 
 extracts were produced by those learned persons on their 
 examination before the Select Committee of the House 
 of Commons, and are selected from the report made by 
 that Committee in July 1834. 
 
78 USAGE OF THE CHURCH. 
 
 APPENDIX TO DR LEE S EVIDENCE. 
 
 Extracts from the Register of the Kirk- Session of 
 St Andrew's, 
 
 April 13, 1561. 
 
 Heir followis the forme and tenor of the edict executit 
 in chergyn of the inhabitantis of the diocy of Sanct An- 
 drois to the electioun of Maister Jhone Wynram in the 
 office of ane Superintendent of Fyff, Fotheryk, and 
 Strathern, within the parroche kyrk of the citie of Sanct 
 Androis, upon Sundaye the xiij day of Aprill 1561 zeuris, 
 be the common consent of Lordis, Baronis, Ministeris, 
 Eldaris of the saidis boundis and otheris common pepill 
 present for the tyme, according to the ordour provydit in 
 the Book of Reformacion. 
 
 Seing that it hath pleased the mercy of our God sa to 
 illuminat the hartis of ane gret part of the Consail, No- 
 bility, and Estates of the realme, that cleirlie thei can 
 discern betwix lycht and darkness, and also sa to mowe 
 them that by plane confession of thar fayth thei hawe 
 approwed the puritie of doctrine and religion contened 
 ■within his holy word, and last his gewin to tham his father- 
 lie grace to resawe, peruse and approwe the Kirk of 
 Reformacione offred unto their honowris be the Minis- 
 teris and Commissioneris of Kyrkis, efter the approbacion 
 quhairof the Lordis of Secreet Counsell hawe directed 
 thar charge and commandement to the ministeris, eldaris, 
 and deaconis of Lothayne, Fyff, Mernes, Glasgow, Ar- 
 gyill and of partis adjacent, requiring tham and ewery 
 diocye for the self to propone be publict edict certan men 
 in the said chearge specifyed: to wyt, to the diocy of 
 Edinburgh, Mr Jhone Spottiswod; to the diocy of Sanct- 
 androis, Mr Jhon Wynram ; to the diocy of Brechyn, 
 Jhone Erskyne of Dwn; to the diocy of Glasgow, Jhon 
 Wyllock; to the diocy of Argyill, Mr John Carswall — 
 to be elected and appoynted superintendentis and ower- 
 searis, ewery man to the diocy assigned to his charge: 
 
USAGE OF THE CHURCH, 7^ 
 
 We, therefor, the ministeris, eldaris, and deaconis within 
 the diocy of Sanctandrois, to wyt, of the citie of Sanct- 
 androis, and of the burrowis of Perth, Cowpar, Craill, 
 Anstrother, Kyrkaidy, Dunfermling, &e. sa mony of ws 
 ■as convenientKe mycht be assembled, fyrst hawing re- 
 spect to the glo'ir of our God, and to the preparacion of 
 Cristis kyngdome within this realntie, and nixt to our 
 debtful obedience to the superior Poweris, hawe assigned 
 Sunday the xiij of Aprill nixtocum to the election of the 
 said John Wynram to his foirsaid office and charge; and 
 tharfor we most humblie require, and in the name of the 
 Eternall God, and of his Son Crist Jesus (quhois onlie 
 gloir in this accion we seik), we charge eriis, lordis, bar- 
 ronis, burgessis, ministeris, eldaris of kyrkis, and all 
 otheris to quhom vot appertenis in election of sic chief 
 ministeris, that thei be present within the parroche kyrk 
 of the citie of Sanctandrois the daye foirsaid, immediate- 
 lie efter nyne houris befoir nwn, to assist the said election, 
 and be ther votis to consent to the same, or ellis to op- 
 pone agains the lyffand doctrine of the person nominated; 
 and lyikwyis v* e requir and charge the said Jhon Wynram 
 to be personallie present the same daye, in tyme and 
 place abowe expressed, to accept the chearge quhairwith 
 the kyrk sail burdyn him, w^yth certificacion to all and 
 sundry, that seing without the cayr of supcrintendentis 
 neyther can the Kyrk be suddenlie erected, neyther can 
 they be received in disciplin and unite of doctrine; and 
 farther, seeing that of Crist Jesus and of his Apostlis we 
 hawe command and exempill to appoynt men to sic 
 chargis ; and now last, that we have command of the 
 upper Poweris to put the same in execucione, we intend 
 to proceid in the said election according to the ordour of 
 the Book of Reformacione, notwithstanding the absence 
 of ony personis. And this we notiiie to all and sundrie 
 within the said diocessye be this our publict edict, sub- 
 scrivit with our handis at the citie of Sanctandrois, 20 
 Mar. 1560. — Cristoper Gudman, Minister, &c. &c. 
 
 April 2b, 15G1. 
 The Quhilk Day, It is prowydit, statutit, and ordened 
 
80 USAGE OF THE CHURCH. 
 
 be the Superintendent and holl ministerie, 'with consayle 
 of the Prowest of Sanctandrois, rectour and chief mem- 
 bris of the Universite, anent the tryall and admissione of 
 ministeris in the hoi diocye, that sa mony ministeris, ex- 
 hortaris or readaris as ar ah-edy placed in kyrkis dotfullie 
 (doubtfully), That the Superintendent in his visitacion 
 tak tryall of ewery ane, particularlie be hearing of thar 
 doctrin, reading in the kyrk thai are placed, and inquyr 
 of thar lyif and conversacion be inquisicione amang thair 
 flok. And as concerning the admissioun of otheres that 
 are not placed, It is ordened that in tymecuming all sie 
 as pretendis to be admitted to minister in ony kyrk within 
 the boundis of Fyiff, Fotheryk, or Strathern, sail com 
 heir within this cite, at sic daye and place as salbe assig- 
 nit to thame be the Superintendent, to be examinated 
 fyrst privately upon the cheaf puntis and headis in con- 
 trauersy, and thar efter ane porcion of text assegnet to 
 the minister, to declar in the pulput in the essemble, and 
 to the exhortar or reader, to reid or exhort in the public 
 essemble. 
 
 December 6, 1581. 
 The quhilk day, Mr William Cok, bailzie, and being 
 commissioner for this citie to the General! Assemblie to 
 procure ane pastore for the Kirk of St Androis, compeirit 
 befoir this assembly of St Androis, and for declaratioun 
 of his diligence, executed this Act of the Generall Assem- 
 blie, quhilk followis in effect: Acta Sessione 19 xxxi° 
 Octobris 1581, anent the provisioun of the Kirk of St 
 Androis of ane pastore. The kirk has thocht it meet 
 that the Priour and town of St Androis nominat ane of 
 the brether quhoum thai half left lyking of to serve the 
 cure, and to propone him unto the ministeris of the Kingis 
 house, Ministeris of Edinburgh, Mr David Lindesay, 
 Jhone Brand, Mr Adam Jhonesoun, the Lairdis of Braid, 
 Pilrig, Cultuthy, and Lundy : To quhome the kirk gevis 
 commissioun, or to ony aucht of thame to gif assent in 
 thair name therto, and place him ther, providing thai find 
 na lawfull and ressonabill impediment proponit that may 
 stay ther placing ther, or that ther be nocht ane of the 
 
USAGE OF THE CHURCH. SI 
 
 coUegis quhome the kirk exemis for consideratiouiiis 
 heirfra, and siclyk that with their avyse the ministeris 
 presentit be sufficientlie providit, as als his kirkis quhar- 
 ira he is takin, if he be transportit, steikit. Extract furth 
 of the register of the Actis of the Generall Assemblie of 
 the Kirk, be Mr James Riche, clerk thereof. — J. Riche. 
 The Sessioun, for performeing of thedesyre of thesaid Act, 
 ordains Mr Patrick Adamsoun, Bishop of St Androis, Mr 
 Andro Melvill, Principall of the New College, Mr James 
 Wilkie, Rectoris, Mr James Martine, Prowestof the Auld 
 College, Mr J hone Robertsoun, Mr Thomas Balfour, 
 J hone Motta, Mr David Russell, Mr William Cok, James 
 Robertsoun, Mr Martin Gcddy, W™ Ferry, James Smyth, 
 Thomas Wehvod, Jhone Wod, David Wemes, Dauid Bal- 
 four, with the Prowest of this citie, to pas all togidder to my 
 Lord Erie of Marche, Priour of Sanctandrois, upon Sat- 
 terday nexttocum, and travell with his L. for ane resson- 
 nabill stipend, to Mr Robert Point, quhome the Sessioun 
 thinkis meet to be minister of this paroche, and to report 
 answer heirof agane this day audit dayis. 
 
 May 21, 15«9. 
 The quhilk day being appointit to the electioun of ane 
 minister and fellow-laborar with Mr Robert Wilkie, mi- 
 nister in the functioun of the ministrie in this congrega- 
 tioun, furth of the nyne personis efter specifyt, viz. nomi- 
 nat be the Town, Universitie and landward parrohenaris, 
 to wit, Mr Robert Bruce, Jhone Caldclenche and William 
 Marche, nominat be the Town ; Mr John Malcolm, 
 Alex. Monipenny, and Mr Johne Auchinlek, nominat be 
 University ; and Mrs Nicoll Dalgleis, Jhone Davidsone, 
 and Robert Dury, nominat be the gentillmcn and paro- 
 chinaris upon land; comperit ane rycht honorabill man, 
 James Lermouth of Dairsy, Prowest of Sanctandrois, 
 &c. &c. &c. Quha all with ane voce, efter ernest incall- 
 ing on the holy name of God, electit and chusit the said 
 Mr Robert Bruce as ane man maist meet, habill, and 
 qualifeit minister and fallow-laborar in the ministrie with 
 the said ^Nlr Robert Wilkie; and the saidis haill Com- 
 missioners hes agreeit that ilk ane of thame, to witt, the 
 
 D 2 
 
B2 USAGE OF THE CHURCH. 
 
 Town, Universitie, and parochinaris upon land, send, 
 with all dilig-ens, their siipplicatioun in the maist feruent 
 manner to the said Mr Robert Bruce, to cum and accept 
 the said office in and upon him, conforme to the said fre 
 election. 
 
 November 11, 1590. 
 The quhilk day being appointit to elect ane ordinar 
 pastour to this congregatioun, in respect that Mr Robert 
 Wilkie, last minister therof, had dimittit the samyn, and 
 he was prouidit be achuse of the Generall Kirk to the 
 Principall's place in St Leonard's College; The maist 
 speciallis of the haill parochin alsueiil to land as burgh, 
 being convenit, efter ernest incalling upon the holy name 
 of God, electit and chusit, all with ane voce, without 
 descrepance or variance, Mr David Blak, quha wes spe- 
 cialie recommendit to thame be the general kirk, pastour 
 and minister of this congregatioun, quha efter lang 
 aduisement and ernest prayer and meditatioun with his 
 God, acceptit the said office in and upon him, and hes 
 promist, with the assistance of Godis Holy Spirit, to 
 enter the said office and functioun betuix this and the first 
 day of Januar nixtocum. 
 
 Ma?j9, 1593. 
 The quhilk day being convenit, Mr Andro Melvill, 
 Mr Robert Wilkie, Principall of St Leonard's College, 
 Mr Robert Zuill, W"^ Muffell, David Guidlaw, David 
 Dalgleis, Thomas Dicksoun, Thomas Lundy, William 
 Zuill, Thomas Blak, and Charles Vv^atson, elderis and 
 deaconis of St Androis, quha ar all content, and agreis 
 with Mr Robert Wallace to be fellovv-helpar and minister 
 in this citie with Mr David Blak, as he quha is recom- 
 mendit to thame be the Generall Assemblie last halden 
 at Dundee the xxiiij of Aprile last, wes and thai half all 
 consentit to pas to morro to the Presbitrie with all dili- 
 gens, to tak ordour heirin and to establis the said m.inis- 
 trie, and this congregatioun na langar frustrat of the 
 preching of the word and ministratioun of the Sacra- 
 mentis. 
 
USAGE OF THE CHURCH. 83 
 
 Extract fiom a Book entitled " TJie Government and 
 Order of the Church of Scotland'' Edinburgh: 
 Printed for James Br (/son, 1641.* 
 
 Sect. 11. — Of the calling of Officers of the Church, 
 
 As no man ought to presume to enter into any office 
 ecclesiasticall without an inward callinf^ from God, who 
 only discerneth the intentions and desires of the heart, 
 whether they be earthly or heavenly, whether they be 
 set upon the glory of God, and edifying of the Church, 
 or upon the means of this life; so are there none here 
 admitted without the approbation and judgment of men, 
 according to the rules of the Word, and the received 
 order of the Church. 
 
 This outward calling of the officers of the Church doth 
 consist in election and ordination, after due triali and ex- 
 amination of their soundnesse in religion, and godlinesse 
 of life. For the better understanding of the order of the 
 calling of their ministers, it is to be considered, 
 
 That in every one almost of their Classes, or gi'eater 
 Presbyteries, there be Students of Divinity ; whereof 
 some, if they have opportunity of their studies, do make 
 their abode within the bounds of the Presbytery, and 
 attend the meetings thereof; others, who are the greater 
 part, stay at the Universitys, and in the time of vacation 
 come home and wait upon the Presbytery. 
 
 The abilities of both the one sort and the other are 
 tryed in private before the Presbytery, and how soon 
 they are found fit to come in publicke, they enter upon 
 the exercise or prophecy with the Ministers of the Pres- 
 bytery, and at sometimes are employed and allowed to 
 preach before the people ; by wdiich mean their gifts and 
 abilities are known to the people, as their manners are 
 manifest by their conversing amongst theni. 
 
 Oat of the number of these proposants, or (as they call 
 them) expectants, the pastor is nominated to the vacant 
 place by the eldership, and by the minister, if any be, 
 with the consent and good liking of the people ; and if 
 
 * Dr Lee states, in his evidence, that this \York was written by one 
 of the most di«tinirui?hed Coven.inters. 
 
^4 USAGE OF THE CHURCH. 
 
 they can pitch upon none within the bounds of their own 
 Presbytery, they have their liberty to make their choice 
 of an expectant of good esteem and report in some other 
 Presbytery. 
 
 The person thus known and nominated is by the par- 
 ticular eldership named to the greater Presbytery, where 
 he is examined of his skill in the languages, Latine, 
 Greeke and Hebrew, in his interpreting of Scripture, in 
 the controversies of religion, in his gift of exhortation, in 
 the holy and ecclesiasticall history and chronology ; and 
 lirst of all, of his life and manner of conversation ; where- 
 in, if he be found vitious or scandalous, he is not to be 
 admitted to any other examination. Being thus exam- 
 ined, and found qualified for that charge, he is sent to the 
 vacant place, that the people hearing him may have the 
 greater assurance of his gifts for edification. 
 
 After the people have heard him, some Minister of the 
 Presbytery is appointed to preach to that people of the 
 necessity of the ministry, of the excellency of a faithful 
 Minister, of the qualities of a ^Minister, and of the obedi- 
 ence due to the Gospel, or of some such theme ; and at 
 the same time a pubhke edict is served, that if any person 
 or persons have any thing to object against the literature, 
 doctrine or life of such a man, why he may not be a pro- 
 htable minister of such a parish, they shall appear before 
 the Presbytery in such a place, and at such a time, that 
 their objections may be tryed and discussed. 
 
 Upon the day appointed, the door-keeper of the Pres- 
 byterian meeting doth call three severall times ; if there 
 be any to object against the person nominated, and if any 
 thing be alleged against him by any of that particular 
 flock, or anv other to whom he is known, it is duely and 
 equally pondered by the Presbytery, and if it be found 
 to have any weight, or the case be doubtfnll, the ordina- 
 tion is suspended till a more perfect triall ; otherwise, if 
 there be nothing but silence, they use to proceed. 
 
 So that no man is here obtruded upon the people 
 against their open or tacite consent and approbation, or 
 without the voices of the particular eldership, with whom 
 he is to serve in the ministery. But if the person nomi- 
 
USAGE OF THE CHURCH. 85' 
 
 nated be apastorof some other flock, and his faithfulnesse 
 known in his former charge, this processe is spared, and 
 his translation more speedily expede, if there be no im- 
 pediments of another kinde. 
 
 Upon the day appointed for accomplishing his election, 
 and his ordination, which is in due time made known to 
 the congregation, and agreed upon with them, a fast is 
 ordained to be kept, with more than ordinary supplica- 
 tion, for the assistance and blessing of God, in a work of 
 so great concernment. And one of the pastors of the 
 Presbytery is appointed to preach to that people of the 
 mutuall duties of pastor and people. All which being 
 done, the party (who, during the time of the exercise of 
 j)ublic worship, hath been sitting in a conspicuous place 
 before the pulpit, accompanied with the elders, and some 
 Ministers of the Presbytery) is called up, and demanded 
 concernino^ his willintrnesse and desire to serve the Lord 
 Jesus, for the good of that people, with other questions 
 of that kinde; and the people also are demanded, whether 
 they will receive him for their pastor, and submit them- 
 selves unto his ministery in the Lord. Both having de- 
 clared their readinesse and mutuall consent, the Minister 
 Cometh from the pulpit, and with so many of the Minis- 
 ters present as may conveniently come near, lay their 
 hands upon his head, and in the name of Jesus do appoint 
 him to be pastor of that people, praying that from Jesus 
 Christ, who is at the right hand of the Father, and giveth 
 gifts unto men, he may lind the demonstration of the 
 Spirit, and the power and blessing of God in his minis- 
 tery, to the comfort of that people. Thereafter the whole 
 eldership give unto him the right hand of fellowship. 
 And last of all, the Minister goeth to the pulpit, and con- 
 cludeth with pertinent thanksgiving and prayers ; a psalm 
 is sung, and the Assembly dissolved with blessing. 
 
 By this it may appear that pastors or presbyters are 
 not there admitted at large without assignation to a par- 
 ticular flock, like masters of art or doctors of physick. 
 They conceive it to be as preposterous for ordination to 
 go before the election of Ministers in the church, as it is 
 iir-jt to crown a king, or install a magistrate, and there- 
 
W' USAGE OF THE CHURCH. 
 
 after to choose him. Next in the ordination of their Mini- 
 sters, they use none of the ridiculous toys and apish con- 
 ceits of Popery ; but, according to the simplicity of the 
 apostolicall and ancient church, content themselves with 
 fasting, prayer, and imposition of hands ; prayer to bring- 
 down a blessing upon the person on whose head the hands 
 are laid, and fasting, to make the prayer to ascend the 
 more fervently. 
 
 This liberty of election is in part prejudged and hin- 
 dered by patronages and presentations, which are still in 
 use there, not by the rules of their discipline, but by toler- 
 ation of that which they cannot amend ; in the meantime 
 procuring, that in the case of presentations by patrons, 
 the examinations and tryall by the Presbytery is still the 
 same. The congregation, where he who is presented is 
 to serve, is called, if they have ought to object against his 
 doctrine or life, after they have heard him, or that their 
 consent may be had. And if he be found reus ambitus, 
 or to have gone about to procure a presentation, he is 
 repelled and declared incapable of that place. 
 
 No pastor may thrust himself upon a fiock, nor after 
 his entry desert his charge, or remove himself to another 
 congregation at his own pleasure. The deserters, if any 
 be, are appointed to be admonished, and in case of obsti- 
 nacy, to be excommunicated. If a Minister, upon law- 
 full and urgent causes, desire to be removed from one con- 
 gregation to another, or if a Minister be called to another 
 congregation, for w'hich he is more tit, or be called forth 
 upon grave considerations for some publike employment, 
 tending to the common benefit of the church, this is not 
 done by private transaction, and particular agreement of 
 Ministers and Congregations, but by the wisedom and 
 authority of the Presbyteries or Assemblies of the church ; 
 nor is it done by them, but upon such reasons as should 
 move that church, wherein for the present he ministreth, 
 to give her consent ; for whose supply also either a con- 
 venient course is presently taken, or the way of supply is 
 seen to be easy. 
 
 The Minister thus rem.oved from one church to another 
 receiveth no new ordination, but by vertue of his first or- 
 
USAGE or THE CHURCH. 87 
 
 dination he serveth in the place unto which he is called 
 and elected . Only at his admission, one of the Presbytery, 
 who is aj)pointed to preach of the duty of pastors and 
 people, and to pray for a blessing, recommendeth him to 
 the congregation, who have before declared their willing- 
 nesse and desire to receive him, and the congregation to 
 his care and fidelity ; and the pastor, if any be, together 
 with the elders, with whom he sitteth before the pul]>it, 
 take him by the hand. 
 
 Pastors and Ministers of tlie word, through old jige, 
 sicknesse or other infirmities, being disabled to bear the 
 weight and discliarge the duty of their pastorall charge, 
 do notwithstanding still retain the honour of their office, 
 and comfort of their maintenance during their lifetime. 
 And they, performing what they are able in teaching, 
 government, visitation, and catechising, others are joined 
 with them by the Presbytery, and with the consent of the 
 people, to be their fellow -labourers, and to undergo the 
 main charge. 
 
 The same course of election and admission for sub- 
 stance, and in form, according to the nature of their office, 
 is observed in the calling of other officers, as ruling elders 
 and deacons. At the beginning, and where there be none, 
 the pastor, with the gravest, holiest, and those of the 
 soundest judgment, and best affection to religion, do 
 choose them with the consent of the rest of the people. 
 And where particular elderships are already constitute, 
 the pastor and the elders who are now in office do choose 
 such as are to succeed those who are rem.oved by death, 
 or any other way, or by vicissitude are to relieve such as 
 are now in place ; and that the election of one or more at 
 first, or afterward, may proceed with the consent of the 
 people, their names are publif^hed and m.ade known to the 
 congregation by the pastors, that if ought may be object- 
 ed against any of them, why they may not be received to 
 the office of an elder or deacon, it may be examined, and 
 if it be found important, others may be chosen. When 
 the day of their admission cometh, the pastor having 
 framed his doctrine to the purpose, crJleth them up, and 
 remembering both them of their duty in their charge, and 
 
88 USAGE OF THE CHURCH. 
 
 the people of their submitting themselves unto them, they 
 are solemnly received with lifted up hands, giving their 
 promises to be faithfull. 
 
 Extract from the Records of the Commission of the 
 General Assembly. 
 
 Act concerning violent and disorderly intruding Mini- 
 sters upon Congregations. 
 
 Edinburgh, May 28, 1653. 
 
 The Commission of the G. Assembly being informed, 
 that in some Presbyteries within this Kirk, some brethren 
 dissenting from the public judicatories doe assume to 
 themselves a presbyterial power in opposition to their re- 
 spective Presbyteries and Synods, attempting to ordain 
 and admit ministers into congregations without the consent 
 and countenance of their Presbyteries ; and that they have 
 exercised this usurped power in such an arbitrary, un- 
 orderly, violent way, as hath not been heard of in the most 
 corrupt tyraes under prelacie, as appeareth by their in- 
 truding and forcing men into congregations without a 
 lawful call, and against the order established in this Kirk. 
 
 Therefore the Commission, considering that such arbi- 
 trarie and violent wayes tend to the raizing of Church 
 Government to the very ground, to the helping forward 
 the affliction of God's people in oppressing their conscien- 
 ces, and to the laying of a foundation of persecution, Doe 
 find themselves bound to give testimonie against such 
 bold disorderly attempts and usurpations, deserving high 
 censures. And as we doe exhort the severall Presby- 
 teries and Synods, that they would take notice of and use 
 all diligence to obviat, so far as in them lyeth in their 
 ecclesiastical way, all such disorders, usurpations, and in- 
 croachments upon the liberties of the Kirk, and conscien- 
 ces of the people of God, and to take speciall care for 
 planting the vacant spaces in their respective bounds with , 
 
USAGE OF THE CHDRCH. 89 
 
 able and faithful ministers, according to the Word of God 
 and settled order of the Kirk ; so we doe warne the people 
 of God; that they cannot with a good conscience, and faith- 
 fulness to their engagements to the established govern- 
 ment of this Kirk, own nor acknowledge as lawful! mini- 
 sters, men intruded upon them by such violent and disor- 
 derly courses, and not entering by the doore as goode 
 persons ought to doe and would doe ; and therefore they 
 keep themselves from accession to these sinfuU courses, 
 no wayes doubting but that the G. Assembly will take 
 notice of these so high disorders, and think upon the best 
 way for redressing the same. 
 
 Extracts from the Registers of' the Presbytery of 
 Linlithgow (the Protesters' Presbytery ), 
 
 St Magdalenis, 31 May 1653. 
 The quilk day anent the edict concerning the admis- 
 sion of Mr Alexander Gutherie to the ministrie at Lin- 
 lithgow. Red be Mr John Prymrois before the con- 
 gregatione the Lordis day efter his preaching there ac- 
 cording to appoyntment, quherby all parties haveing en- 
 tres quha had ane relevant objectione to object aganis the 
 said admission, wer summonit to have compeirit at the 
 preaching place of Linlithgow this day to that eifect. 
 And the said Presbiterie being put by violence fra the 
 said place at Linlithgow, wer forceit to keep ther meeting 
 heir at Magdalenis, near to the east part of Linlithgow, 
 and within the paroche. Quhair Mr John Vauche, with 
 
 the Lairds of and Woodcockdaill, compeirit, and 
 
 efter that, Mr John Vauche had delyverit ane 
 
 to Mr Alexander Guthrie direct fra the brether quha 
 have desertit the Presbyterie, that he and these quha wer 
 with him had it in commission fra those quhome they... 
 
 Presbyterie and Sessione of Linlithgow to desyre 
 
 the Presbyterie to unit with them, and to meit with them 
 for peace. Secondle, to desyre the Presbyterie to delay 
 the prosecutione of the admissione of Mr Alexander 
 
90 USAGE OF THE CHURCH. 
 
 Guthrie to the ministrie at Linlithgow. 3. To desire 
 the people quha ar present to forbear the countenancing 
 of such a businesse, and desyrit the Presbyterie's answer 
 thereto. And the said Mr John Vauche being removit 
 and incallit againe, the Moderatour, in name and at 
 the desyre of the Presbyterie, returnit the following 
 ansueris to the thrie fornameit desyris, ffirst, that the 
 Presbyterie could not unit with them upon suche termes 
 and groundis as ther Presbyterie is constitut. Second- 
 lie, that the Presbyterie cannot delay the prosecutione of 
 the said Alexander Guthrie, in respect that to ther cer- 
 tane knowledge his call w^es of God ; and that they in 
 all the procedour thereof and of his tryallis, they had not 
 onlie fund more than ordinarie abilities of giftis, and of 
 the Grace of God in him, bot also ane tract of Godis 
 Providence concurring with them in all the passages of 
 his tryall; and now in the Lordia strenthe they resolve to 
 go on in it, meit with quhat difficulties they can in the 
 contrair. Thirdlie, That the people cannot forbear the 
 countenancing of such a good work, seeing they were 
 persuaded in their consciences that it wes of God, and 
 that they had cleirnes sua to doe, and durst not withdraw 
 fra countenanceing thereof, becaus of the ryot at the 
 portis of Linlithgow, and disturbance made be the magis- 
 trates and towne ther this day in resisting the ministrie 
 and elders resorting to the Burgh of Linlithgow, to meit 
 presbiteriallie to receave the returne of the execution of 
 the edict, red and published be ISIr John Prymrois the 
 last Lordis day, the 29 th of May instant, at the preach- 
 ing place of Linlithgow ; and als becaus of ther melting 
 this day at the Magdalenis, Continewis Mr William 
 Brown his exercise and additione till the next Presbyterie 
 day, subsequent Mr Alexander Guthrie's admission to 
 the ministrie at Linlithgow. 
 
 Mr John Prymrois made report of his preaching in 
 Linlithgow the last Lordis day, and of his reading edict 
 publictlie concerning Mr Alexander Guthrie's admissione 
 to the ministrie at Linlithgow^ the morne, and of his lec- 
 turing upon Mononday last, and of his melting with the 
 eldaris and utheris there, and praying with thame for 
 
tJSAGE OV THE CHURCHt. 91 
 
 Godis blessing to the admissione. And als he made re- 
 port of his reiding of the Act the said day, according to 
 the Presbyterie's appointment, and therefter he productit 
 the said edict dewlie execut and indorsat, to be keipit be 
 the Clerk in retcntis. 
 
 At Magdalenis^ 1 Jun, 1G53. 
 Sum of the brethren haveing stayit all nycht ther, and 
 utheris M'ith Mr James Nasmyth and Mr Robert Keith, 
 correspondent brethren, cumeing- in the morneing befor 
 the Presbyterie wes fuUie convenit, come furth the Go- 
 vernour of Linlithgow with ther officeris and halbertis, 
 with many uther of the disafFectit in the towne; and efter 
 that they had callit furthe the ministers furth of the 
 hous, discharged them from going about that admission ; 
 the ministeris answering that they haid tliemselvis bound 
 in conscience to goe about that work, immediatlie ther- 
 jfter the officeris of the towne with the halbertis and 
 utheris .... of the towne fell upone the ministeris and 
 vvoundit some of them, dreave them by violence fra that 
 place. 
 
 At the place called the Langlandis, neir Pardivane, 
 the (Presbyterie) being put by violence first fra 
 
 Linlithgow quher the efter Admissione 
 
 sould have bene, and then dreiven fra Magdalenis, 
 the first day of Junij 1653 yeris. Sederunt, Mr 
 Gilbert Hall, moderatour, with Mr Robert Row, 
 ew Kennedie, John Deine, he. &c. &c. 
 
 Efter long prayer by the moderatour, everie one being 
 interrogat by him quhat wes incumbent to be done, quhill 
 as being driven by violence fra the Magdalenis (quher 
 the admissione wes to have bene, if the Lord had seine 
 it meit) to this place, the ministeris and eldaris luiking 
 upon it as a eminent work of Godis mercie to have this 
 much pace and freedome. They resolved in the Lordis 
 strengthe to goe on to the closeing of the w^ork. 
 
 The Presbyterie, taking to consideratione the unani- 
 
92 USAGE OF THE CHURCH; 
 
 mous call of the wholl sessione of the paroche of Lin- 
 lithgow, gevin to Mr Alex^ Guthrie to be ther minister, 
 •with the joynt concurrence of the godlie in that paroche, 
 and efter exact tryall of his qualificatioune, have fund 
 him in his ministerial abilities for the work of God in 
 that place most satisfeing, and withall ane of a pious and 
 godlie conversatione, his edict being dewlie servit, and 
 intimatione of his admissione being manifested, and no 
 relevant exceptione fund, efter prayer first made by Mr 
 Gilbert Hall, moderator, according to the established 
 ordour of this kirk, by impositione of the hands of the 
 said moderator, and remanent brethren of the Presbyterie, 
 and of the said Mr James Nasmyth, and Robert Keithe, 
 correspondent brethren, admittit Mr Alex'* Guthrie, mi- 
 nister of the Gospel of Jesus Christ at Linlithgow, and 
 therefter the rest of the day, till neir nycht, wes spent in 
 preaching and prayer by severall ministeris appoyntit for 
 that effect. 
 
 The Presbyterie appoyntis Masteris Gilbert Hall, 
 moderatour. Hew Kennedie and Robert Row, to repre- 
 sent the ryott done this day at the Magdalenis to the 
 Judges in Edinburgh at ther dwelling houssis. 
 
 At Linlithgow, 15 Jun. 1653. 
 Anent the supplicatioune gevin in be the eldaris and 
 utheris weill affected of the paroche of Linlithgow, to 
 the Presbyterie subscryveit with their handis, earnislie 
 desyring that the Presbyterie wil be pleasit, with all 
 possible diligence, to goe on in the tryall and examina- 
 tione of Mr William Weir, quhom they have called to 
 be colligue to Mr Alexander Guthrie, in the ministrie 
 there, according to the word of God, and laudable actis 
 of former assembleis; that so he being fund qualified may 
 be admittit to the exercise and functioun of the work of 
 the ministrie among thame, as the said supplicatione, 
 togidder with ane act of sessione, daitit the nynth day 
 of Junij instant, quhairupoun the said supplicatione is 
 founclit, in themselfis bearis. And with they desyrit 
 that this dayis exercise and additione made be him may 
 be allowit in the first end of his tryallis, the Presbyterie 
 
USAGE OF THE CHURCH. 93 
 
 finding tliameselffis bound in conscience to satisfie the de- 
 sire of the said supplicatione, condescendit thereto, and 
 appointit him to have his common head the next Presby- 
 terie day upon the subject, de viribus liberi arhitrij in 
 homine non rcgenito. 
 
 Now as of before the Presbyterie appoyntis Mr Wil- 
 liam Creichtoun to goe to Strabrock the next Lordis 
 day, and assey to preache ther. 
 
 At Linlithgoiv, 27 Julij 1653. 
 Mr Wm Browne made report, that upon Sunday by- 
 gane eight dayis, he went to Strabrock to preache, in 
 obedience of the Presbyterie's appoyntment, hot declairit 
 that he durst not assey to preache thair for fear of violence 
 fra the multitud in tliat paroche, notwithstanding quhairof 
 the Presbyterie now as of befor appoyntis the said Mr 
 -yyme Browne upon the nixt Lordis day, or Sabbothe 
 following the same, to goe to Strabrock, and againe to 
 preache ther, and betwixt and the nixt meiting of the 
 Presbitcrie ordanis the weill affectit eldaris ther to try 
 quhat call they can purches ather to the said Mr Wil- 
 liame Browne or Mr W"^'' Creichtoun, and to report to 
 the Presbitcrie thair diligence theranent the said day. 
 
 At Linlithgow, 5 October 1653. 
 Mr x\lexander Guthrie compeirand, produceit Mr 
 William Weiris edict, dewlie execut and indorsat, and 
 the Presbyterie's officer having callit thrie severall tymes 
 at the dor of the preacheing place, quhair the Presbitcrie 
 meitis, upon all and sundrie persones that will compeir 
 and object againis the admission of Mr William Weir 
 to the ministrie at Linlithgow ; Compeirit Johne Monro, 
 quha produceit ane warrand fra the brether quha have 
 desertit the Presbitcrie, authorising him with a Presby- 
 teriall power, as they call it, to compeir heir, and ther to 
 desyr us to desyst fra thair disorderlie intruding of Mr 
 William Weir upon the congregatione of Linlithgow, 
 and if we did not, to summond us to the Synod. He 
 being removed and called in againe, the Presbyterie de- 
 pj^rit that they could not owne his commissione as from 
 
94 USAGE OF THE CHURCH. 
 
 a Presbyterie, bot that if he had anything to object ather 
 in his awn name or from the bretherine, or anie uther, 
 agains the said Mr Wm. Weir, that he wald propone it, 
 and he souidhave aneanswer; quha replyed he had nothing. 
 Mr Gilbert Hall reportit his diligence in goeing to 
 Strabrock the last Lordis-daV) viz. Qiihen come there he 
 sent the beddail for the keyis of the kirk-dor, ^Yhich were 
 refasit by the deposit minister, and thereafter quhen much 
 of the day was spent, the deposit minister came farth with 
 the keyis and entrit the kirk himself alone, and schutt 
 the dor behind him, and the people convening, the said 
 Mr Gilbert Hall did deliver quhat he had in commission, 
 in the middis of all the people, as is set down particu- 
 larlie the last dyett of om- meeting, which they refusing, 
 he v/ent apairt and iecturit to some fevv^ of the people, and 
 in the interim appoints Mr Yviiliam Creichtoun to goe on 
 in his tryallis in reference to the ministrie ther. 
 
 At Klrklistoun, 6 January 1654. 
 Compeirit James Schaw and John V\'ardropper, quha 
 produceit a supplicatione subscrivit with the handis of the 
 said John Wardropper, &c. &c. eldaris of the paroche of 
 Bathgait, and be William Tenent and Robert Russell, 
 professouris, desyring the Presbyterie to appoint ane of 
 thair number to preache at Bathgate the nixt Lordis-day, 
 and to ...... . sessione ther for the more 
 
 speedie and convenient plantation of that churche with 
 ane godlie and able minister, that so the power godlines 
 may again take footing amongst them, and be helpit 
 forward to the refreshing and incouradging of the speritis 
 of all the godlie in that paroche, &e. &c.; and withall 
 they lettit M""^ Hew Kennedie and Gilbert Hall, &c. &c. 
 the said Mr Hew^ wes chosen, appoyntit to, preache athcr 
 in the kirk or ellis quhair in the said paroche the said 
 day, &c. &c. 
 
 At KirJiUstoun, 19 Jan. 1G54. 
 Thairafter the said Mr Gilbert Hall made report, 
 that he and the said Mr Williame Creichtoun conforme 
 to appoyntment did preache the last Lordis-day at Bath- 
 
USAGE OF THE CHURCH. 95 
 
 gait, and that he keepit session with sex elderis quha 
 callit Mr Williame Creichtoim to be thair minister, and 
 did draw up ane call for that effect, quhilk was subscrivit 
 be these eldaris and manie ntheris of that paroche, and 
 that he delyverit that call to Johne Wardropper to have 
 gone alongs therewith to those quha were myndit to 
 subscryve it, and wer no present ther; and withall it was 
 signified by Williame Tenent and Andro Steivin of 
 Bathgait paroche to the Presbyterie, that efter the said 
 Mr Gilbert ilall removeit fra Bathgait, the gentrie of 
 that paroche, at least some of the most eminent of them, 
 threatnit the said John to deliver that call to Reidhall. 
 Bot withall the said William Tenent declarit that the 
 said John W\irdropper did send ane to him shewing quhat 
 he was forcit to doe, and of his being sensible and recent- 
 ing therof; and the saidis Williame Tenent and Andro 
 Stewin craveing the Presbyteries advysse quhat wes in- 
 cumbent to be done by the sessione and weill affectit of 
 that paroche, who wer still content to adher to Mr Wil- 
 liam Creichtounes Call, notwithstanding of the foresaid 
 threatning, and the Presbyterie finding themselffis bund 
 in conscience to see to the good of the congregatione, 
 they appoint Mr John Durie to goe to Bathgait the nixt 
 Lordis-day, &c. &c. &c. 
 
 At Linlithgow, 15 August 1G55. 
 Compeirit the elderis of Linlithgow, and producit now as 
 of before ane supplication e, subscryvit be them, and these 
 quha adheris to them of Linlithgow paroche, as the same 
 and the names of the subscryveris thereof ar recorded in 
 manner bofforo, quhairby they call the said Mr Williame 
 Browne to be thair collig to Mr William Weir, present 
 minister ther, &c. And he being present gave in severall 
 reasones, &:c. quhy he could not accept of the foresaid call. 
 Therefter parties being removit, and the Presbiterie tak- 
 ing the foresaid call and the said Mr Williame Brownes 
 refusall to accept, to thair consideratione, they are weill 
 satisfeit with the call, and do accept thereof, finding it 
 ordourlie, and therefor doe gravclie lay it at Mr Wil- 
 liame Brownes dor, beseiking him and the elderis of the 
 
96 USAGE OF THE CHURCH. 
 
 sessiane to pray to God that difficulties may be taken out 
 of his way, and he raovit to accept thereof. 
 
 At Linlithgow, 11 September 1655. 
 
 Mr William Weir produceit ane edict dewlie execut to 
 this day, bearing quhair he has publicklie red the said 
 edict the last Lordis-day, &c. &c. 
 
 Compeirit Williame Bisset, quha produceit ane protes- 
 tatione subscrivit by the present proveist and baillies and 
 the old proveist again s the said Mr WilHame Brownes 
 admissione to the said charge, contening certane reasones, 
 &c. &c. And the Presbytery finding no relevant objec- 
 tione agains the admissione, they appoynt the said ad- 
 missione to be the morne, &c. 
 
 At Linlithgoic, 12 September 1655. 
 Efter lecture by Mr Williame Wiscbad, &c. he with 
 Mr C. Gilbert Hall, John Deine, &c. gave Mr W^illiame 
 Brown impositione of handis and the richt hand of fel- 
 lowschipp, &c. 
 
 Apr He 1711. 
 In the beginning of this moneth the Synod mett; we 
 had the business of Patronages before us, and agreed upon 
 a representation to the Duke of Queensberry to be laid 
 before the Queen, as the restoration of them would be a 
 stroak at our Constitution; and privatt letters were ap- 
 pointed to be writt to our freinds at London to oppose it. 
 I hear the next week the Synod of Dumfries made ane 
 address to the same purpose, and sent to Mr Harley to 
 be laid before the Queen. Besides this we had little, 
 &c. &c. 
 
 May 1711. 
 Tlie business of the settlement of Old Deer, by Mr 
 Gordon, son to Provost Gordon, the last moneth or in 
 March, made a great noise, and there is a false and per- 
 verse account of it given by the Post Boy in the close 
 of Aprile (quhich vide). The matter in short came to 
 this : Mr Gordon, a very pretty youth, had a Presbi- 
 
USAGE OF THE CHURCH. 97 
 
 terial call (if I mistake it not) to that parish; the Gen- 
 tlemen are very much against a Presby terial settlement; 
 however, the Presbytery went on and fixed a day for his 
 ordination ; quhen it came, Mr Gordon and his father, 
 and severall of his friends and some ministers (who had 
 all a great value for him), came to w ait on him, and fear- 
 ing a rabble, there were some arms among them. When 
 the Presbytery and they came to the place they found 
 the church guarded, and the outer gate of the church not 
 only locked but barricaded with stones; they had a fa- 
 vourable justice of the peace with them, and the Presby- 
 tery instrumented him, in terms of the Act of Parliament, 
 to make patent dores for them. All this time noebody 
 appeared; but as soon as the justice of peace ordered his 
 constables and others to goe to the outer gate of the 
 church-yard and force it open, and the Presbytery and 
 Mr Gordon's men went after them into a narrow passe, 
 between the side wall of one house and the gavell of ano- 
 ther, and are all standing in a throng, the house topes 
 sett full of people with stones, &c. which they throw down 
 upon them, standing altogether in the passe, and hurt 
 some ministers and others ; upon which the muskets were 
 discharged in the air to fright them ; but this not prevail- 
 ing, the Aberdeens men, several of them being hurt, 
 offered to shoot among the rabble, but were prevailed 
 with by the ministers to desist, otherwise there had been 
 several lives lost in the case. The Presbytery and com- 
 pany retired, and ordained Mr Gordon in a neighbouring 
 church; meanwhile the rabble they rise and insult all the 
 people in the place that were for Mr Gordon, and goe 
 into the house quher some interteanement was prepared 
 for the Presbytery and company by Mr Gordon's friends, 
 and bring out all the meat, and ale and wine, and drunk 
 as is said the Pretender's health in the streets. 
 
 This moneth, quhen the justice clerk my Lord Grange 
 goes up to Aberdeen, he took up the matter. Criminal 
 letters were raising, which put the gentlemen concerned 
 in some fear ; quhen they come to talk with my Lord 
 Grange, he told them it would stand hard with them, 
 quherupon ane accomodation is proposed, and both sides 
 submit to the justice clerk in a privatt capacity as arbi- 
 
 E 
 
98 USAGE OF THE CHURCH. 
 
 trator, and the conditions he proposed and which were 
 agreed to wer, that Mr Gordon, the 2d Sabbath of May, 
 should have peaceable access to the church, manse, &c. ; 
 that the principle rablers should appear before the con- 
 gregation, and be rebuked, and acknowledge their fault; 
 that thre gentlemen should refound all the expense of the 
 prosecution and rable, which came near to 40/6. sterling; 
 that they should engage for themselves and their tennants 
 they should not countenance any other in that parish but 
 Mr Gordon, nor hear any other, and a bill was drawn for 
 the money and accepted. 
 
 This spring the ministers of the North have had a very 
 heavy pull of it. The gentlemen and commonality, upon 
 the calling a new Parliament, and from nottices from their 
 October friends at London, were made to expect that 
 Presbitry would be turned out and Prelacy brocht in; 
 and these that wer lett into the secret wer assured of 
 ther freind the Pretender, and the hearts and hands, both 
 of ministers and weell-inclined gentlemen, wer much 
 weakened v^ith the reports spread anent a toUeration, and 
 the affair of Greeiisheilds, and the designs upon patron- 
 ages ; the success of Greensheilds put all the party aloft, 
 and they were very uppish, and marred all settlements 
 of vacancys ; hejice the rabbles and inhumanitys in Rosse 
 and Sutherland, &c. &c. &c. 
 
 EXTRACT FROM LIFE OF MELVILLE. 
 (^Referred to in Dr M' Cries Evidcnce.Y 
 " The q^"" day Maister Robert Wilkie minister declarit 
 to y*^ session y'^ he was appointed to y^ maister principall's 
 place of St Leonardis College and y^* he yrssor hed ai- 
 re ddy declarit y^ samin to ye consall of y^ 'town & yr or 
 he inicht na langer awat upon y® office of y^ ministrie of 
 & in y^ respect willit y^ town session & haill 
 ccngregation to provide for ane vyi ordinar minister in his 
 place to y" congregation and he suld concur & assist w* 
 thame at his power to y® election of y® samin. The ses- 
 
 * The date not given in Kepcrt, and the passage not found in Dr 
 Vi Crie's work. 
 
USAGE OF THE CHURCH. 99 
 
 sion y^ for his appoiiitit y^^ day audit dayis to advertics 
 y^ maist specialy baitli of y® uiiiversite town & upon land 
 to be present at ten ho''^ to y^ nomination of ane vy^ mi- 
 nister in y® communion ile." 
 
 " Die xix° mensis Mali, anno Ixxxix"".* 
 " The q^^ day being appointit to y^ electioun of ane mi- 
 nister and fallow laborar w*^ M Robert Wilkie minister in 
 y^ functioun of y^ ministrie in this congregation, furt of 
 y« nyne personis efter specifyt viz. nominat be y^ town 
 vniversite & landward parochenaris; to witt M**^ Robert 
 Bruce, Jhone Cauldcleuche, W"^ Uarche nominat be y^ 
 town, M^ Johne Malcom, alex monipenny & M Jhon 
 Auchinlek nominat be y® universite, a M^^ Nicliol Dalgles, 
 Jhone Davidsown & Robert Drury nominat be y® gentill- 
 men & paroshenaris upon land. Comperit ane ryt hono^i 
 man James Lermouth of Darsy provost of St And"^ M 
 W"^ Russel bailze Thomas Lentrown & Patrick Gutherie 
 commissioners for y^ town & Patrik Bonhil y® common 
 clerk, M James Wilkie rector of y« universite, M David 
 mony penny deane of facultie, M Andrew Meluill M^ prin- 
 cipall of y^ new College, and M W"^ Cranstoun maister 
 in y^ auld college, eommissioneris for y*^ said universite, 
 and hon^^ men Sir George Douglas of Elmehill kng* 
 James Wod of Lambelltham, James Hay chalmerlane of 
 y^ priore of St An<^°^ Patrik Dudingstoun portioner of 
 Kincassell, Andrew Wod of Stray ^vithy& M Alex Jarden 
 of Smyddy green commissionaris for y« gentillmen and 
 paroshinaris vpoun land. Quha all w*^ ane vou efter ernest 
 incalling on y« holy name of God, electit & chusit y<^ said 
 M"" Robert Bruce, as ane man maist meet habill and 
 quhalifyt minister and fallow laborar in y^ ministrie w' y® 
 said M^ Robert Wilkie. And y^ saidis haill commis- 
 sionaris hes aggreit y« ilkane of thame to witt y^ towne, 
 universite & parishenaris vpon land send w* all diligens y^ 
 supphcation in y^ maist feruent maner to y® said M Robert 
 Bruce to cum & occupy y« said office in & upon him con- 
 forme to y^ said fro election." — {Record of Kirk Session 
 of St Andrew's.) 
 
 On the dismission of Mr Robert Wilkie, who was ap- 
 
 • Notes, vol. i. p. 4G7, of Melville's Life. 
 
100 USAGE OF THE CHURCH. 
 
 pointed Principal of St Leonard's College, " The maist 
 speciall of the haill parochin alsweill to land as hm^ being 
 convenit, efter ernest incalling upon y^ holy name of God, 
 eleetit & chusit all w' ane voce w^out discressions or vari- 
 ance M^ David Blak quha was specialie recommendit to 
 thame be y^ generall kyrk, pastor and minister to this 
 congregation." — (lb. ^ov. 11, 1590.) 
 
 Mr Andrew Forester, minister of Corstorphin, having 
 laid before the Presbytery of Haddington a demission of 
 the vicarage of Tranent by his father, and a presentation 
 of it to himself by the King, confessed, after some inter- 
 rogatories, '' that bay* y^ dismission and presentation 
 foirsaid wer taken be his foirknowledge and accepted be 
 his consent." 
 
 The Presbytery found that they could not proceed to 
 collation and admission, because he had obtained license 
 of transportation, and " becaus be his foresaid dealing he 
 is fallen vnder danger of ane act of the General Assembly 
 dicerning sic persones as takes giftes of ony benefices of 
 cure w*out foirknowledge and consent of the kirk to be 
 rei ambitus, of the q^^ fault he is to be tryit befoir his 
 judge ordinarie." — {Record of Presbytery of Haddington, 
 Oct, 5, 1597.)* 
 
 The parishioners of Aterlady requested the Presbytery, 
 '' that ane lite my^ be maid of qualifeit men and sent to 
 teache in their paroche kirk upon several sabboth dayes 
 per vices, to the end y* y® Bretherene of the Presbyterie 
 w* their consent my' out of that number chuse ane fittest 
 for the rowme." 
 
 Mr Andrew Blackball younger being put on the list, 
 was suspected to be reus ambitus, and ashamed to make 
 his purgation. He satisfied the Presbytery, after a strict 
 examination, that he did not know of the presentation 
 " till it was past the seallis, and as yet had not acceptit 
 of the same, nather yet was myndit to accept of the same 
 w'^out ye special advyse of the Presbyterie." — (lb. from 
 January 21 to March 17, 1602.) The Presbytery 
 " finds the said Mr Andro not to be reus ambitus ;" but 
 still they came to the following resolution : — 
 
 * Notes, vol. i. p 46S. 
 
USAGE OF THE CHURCH. 101 
 
 " At Haddington if 24 Martij 1602. 
 "The qik day y« bretherene being to noiate and elect ane 
 of the thrie yt was vpon y® Lite for Aberladie to be plant 
 as pastour thare, before y*^ y® said matter suld be put in 
 voting tho meet y* M"" Andre Blackhal suld subscryve 
 y® submissioun following : I M^^ Andro blakhal younger 
 am content to put and presetlie puts y® gift and presenta- 
 t^un of y® vicarage of aberladie obtainit in my name in y^ 
 hands of y^ Presbyterie of hadingtoun to use it as thay 
 think gude. 
 
 (Sic subscribitur) " M. A. Blackall." 
 
 The consent of the people was signified in different 
 ways.* When it was proposed that John Davidson should 
 be settled as minister of Saltpreston and the Pannis, " ane 
 gritt multitude of the honest men of bayth the tounes 
 foirsaids come and shew thair gude lyking of Mr Jhone 
 and his doctrine to us of the Presbyterie (met at Tranent), 
 desyring us maist earnestly w* any voyce," & " Thanks 
 returned to my lord of Newbottle," whose concurrence in 
 the settlement had been requested by the Presbytery, 
 (lb. Oct. 29— Dec. 24, 1595.) Oftener the consent of 
 the congregation was reported to the Presbytery by com- 
 missioners. The reader may be pleased to see the fol- 
 lowing copy of a formal written call, which is the earliest 
 document of the kind that I have met with : — " Vntozo^ 
 godlie W. of the Presbyterie of Hadingtoun humlie menis 
 and schawls we zo^ bretherene the prors (parishioners) of 
 Gullane w' the speciall consent of our pastor Mr thomas 
 makghe that q^"as it his plesist God in the age infirmitie 
 and often diseisis of our said pastor to offer occasion of 
 support to him and to vs both be Mr Andro Makghe 
 his sone of quhome we having had pruiff and tryall the 
 twa zeiris by-gane dois testifie his doctrine to be sound 
 sensible & edifying his lyff and conversatioun to be honest 
 and unrebukeable. In respect qr of haueing gude glorie 
 and our awin salvatioun Hes w* ane voyce thoucht expe- 
 dient maist ernistlie to requeist zo' wisdomes to proceid 
 
 * Notes, vol. i. p. 470. 
 
102 ABSTRACT OF REGISTER. 
 
 w* that diligence zo^ w. sail think maist expedient to the 
 admission and ordinatioun of the said M^' Andro to the 
 office of minis terie within our ccngregatioun. That being 
 warrandit be y^ outward calling and authoritie of the kirk 
 he may be answerabill to our said expectatioun in the 
 synceir preaching of goddis word ministring of tye sacra- 
 ments discipline and all other externall benefites of y^ 
 kirk according to the reul of the said word and common 
 practise of the reformit kirk w*^ in this cuntry Unto quhome 
 in the lord ane and all we promise fay^fullie our concur- 
 rance and obedience to the uttermoste. According to o^" 
 dewtie and zo^ godlie w. answ^ humlie we beseech. 
 
 " (Sic subscribitur) Mr thomas Makghe minister of guUane 
 
 Ro*^ hepburne Gtorge Ker 
 
 Alcxf tod P Levington of Saltcottis 
 
 Mr Mark Hepburne Ro longilton of that ilk 
 George Dudgeon Walter Ker 
 Andro Robesone George Halyburtoun 
 "William Marshall Daniel broun 
 Jlione Sinclair Michael tod 
 
 James Sandilands 
 
 George Walker 
 
 George ssveis 
 
 Thomas Wilson. 
 
 " This is the mynd of the haill rest of the pro^^ y*^ cannot 
 subscryve as thai haue testifyit be thair consent quhen 
 thair voittis wes requyrit desyring me notar vnderwritten 
 to subscryve in thair names. 
 
 " Ita est Joannes braik notarius publicus ad premissa re- 
 quisitus testem his meis signo et subscriptione manuali- 
 bus." — {Record of Presbytery of Haddington^ Dec. 7, 
 1597.) 
 
 ABSTRACT OF REGISTER 
 
 OF 
 
 Ministers^ Exhorters^ and Readers — and of their 
 Stipends after the Reformation. 
 
 This curious and authentic document was printed for 
 Mr Alexander M'Douald, and presented to the Banna- 
 
ABSTRACT OF REGISTER. 103 
 
 tyne Club about six years ago by that gentleman, whose 
 zeal and skill in regard to Scottish antiquities are well 
 known ; and as the earliest record of the endowments 
 bestowed by the State on the first Ministers of the 
 Reformation^ in Scotland, it possesses considerable interest 
 at the present day, being an illustration of the history of 
 those times, and of the condition of the Reformed Church 
 in the earlier days of its existence. 
 
 After referring to the Acts of the Convention of Es- 
 tates in 15GI and 1567, for the purpose of conferring a 
 scanty sustentation on the Reformed Clergy from the 
 thirds of benefices, Mr M' Donald, in a " Preliminary 
 Notice," gives the following account of this record : — 
 
 *' Of the detail of proceedings in the Assignation of 
 Stipends to those employed in the service of the Reformed 
 Church prior to this Act of Parliament, very little informa- 
 tion remains on record; and the lists of Parochial Ministers 
 and their respective Synods, printed in this volume, have 
 been taken from the earliest official document of the kind 
 that is known to exist. It was probably compiled by Mr 
 John Gray, the person to whom a recompence is here 
 assigned for his labours as " Keipar of Registre of Mi- 
 nisters thair Stipendes, Extractar thairof, and Clerke to 
 the General Assemblies." It appears to have been be- 
 gun in the year 1567 or 1568, but contains various in- 
 terpolated entries of later date relative to Churches, in 
 which, at its commencement, no Ministers or Readers 
 had been established. Some of these additional entries 
 are as late as the year 1573 ; and as various blanks still 
 occur in the original, probably for the reason just alluded 
 to, some of these have been supplied from the Books of 
 Assignation, or of the Piatt for the year 1576, being the 
 earliest of those now preserved in the General Register 
 House; and as the same record supplies the names of 
 many Parishes and Ministers altogether omitted in the 
 oldest lists, these have been printed in an Appendix." 
 This muniment is titled " The Registre of Ministers and 
 thair Stipendis, sen the yeir of God 1567." 
 
 In making the following abstract, the object is to 
 give the substance, rather than the ipsissima verba in the 
 
104 ABSTRACT OF REGISTER 
 
 antique orthography and numerals ; and to save repeti- 
 tions, several terms are abbreviated ; thus " Min." for 
 " Minister," " Ex." for " Exhorter," and " R." for 
 " Reader," &e. 
 
 Kings Household. 
 Mr John Duncanson, Min. 200 lb. Nov. 1567. 
 
 Eegeni's House. 
 George Lundye, R. 1001. Cands. 1568. 
 
 Superintejidents cf 
 
 Forfar t Kincardine^ Sfc John Erskine of Dun, 5 chalders Wheat — 
 
 10 ch. Bear— Money, 700 Mks. 
 
 And for visitation of Stormonth and Gowrie, 1001. 
 
 Lothian John Spottiswood — and under him Stirlingshire on this 
 
 side of Forth, Linlithgow, Haddington, Edinburgh and Ber- 
 wick — 2 ch. Wheat — 4 ch. Bear — 1 ch. IMeal— 3 ch. Oats, 
 and 500 Mks. 
 
 Fife. — John Winram — having under him Fife, Perth, Strathern, 
 Clackmannan, Kinross and Stirlingshire, on the north side of 
 Forth, with Mentieth— 2 ch. Wheat— 5 ch. Bear— 3 ch. Oats— 
 2 ch. Meal— 500 Mks. 
 
 The West. — John Willock — having under him Lanark, Renfrew, 
 Dumbarton, Kyle, Carrie and Conyngham — 24 bolls Wheat — 
 5 ch. Bear— 9 b. Oats_3 ch. of Meal— 500 Mks. 
 
 Johne Knox — 2 ch. Wheat— 6 ch. Bear— 4 ch. Oats— 500 Mks. 
 
 Solicitor for Affairs of the Kirk, Mr George Makeson — 100 lb. 
 
 Procurators for the Actions of the Kirk — Messrs Clement Little, 
 Alex. Sym and Rich. Strang — six score Merks- 
 
 " Mr John Gray Keipar of Registre of Ministers thair Stipendis, 
 Extractor thairof, and Clerk to the Generale Assemblies, and 
 Keipar of the Registre of the same, in recompense of his 
 labouries bigone and tocum," 200 1. — to be paid by the Col- 
 lectors of Ross, Orkney, Fife and Angus. 
 
 James Nicolsoun, Clerk to Rentallis of the thryddes, &c. his sti- 
 pend as he had before of the Comptrollar, , 200 1, with the 
 vittail. 
 
 Pensions appointed hy the KirJc by tlieir Commissions, and in 
 General Assemblies. 
 
 George Gibson, Clerk of Session, for registering Cautioners for 
 
 Collectors, &c. 100 Mks. since March 1569. 
 Alex. Hay, Clerk of Secret Council, &c. 100 Mks- since Nov. 
 
 1570. 
 
OF STIPENDS 1-67. 105 
 
 Wm. Bivson, Macer, 11 Mks. 
 
 David Watt, Clerk to Master of Requests, 101. yearly. 
 
 NAMES OF MINISTERS, &C. WITH THEIR STIPENDS. 
 
 From Stirling eastward, Linlithgow and Lothian. 
 
 Stirling Mr Robert MontG;omerie, Min. 2001. Lammas 1572. 
 
 -5'/ Ninians Pat. Gillespie; Min. 100 Mks. 
 
 Bothkenner. — John Hamilton, R. haill vicarage, extending to 16 1. 
 Airth David Chrysteson, R. 161. with kirkland out of parsonage, 
 
 and third of vicarage, extending to 26s. 2d. 
 Dom/pace. — Alex. Robesoun, R. at Donypace and Larbar, his 
 
 stipend 1 1 Mks. with kirkland out of third of Abbey of Cam- 
 
 buskeneth. 
 Slamanan. — Richd. Flemyn, R. 20 1. with glebe and manse. 
 Falkirk.— Kwd. Forrester, Min. 133 1. 6s. 8d. viz. out of Falkirk, 
 
 66. 13. 4. and out of Bothkenner, 661. 13. 4. 
 Falkirk — James Erskin, R. the haill vicarage of Falkirk, extending 
 
 to 1 1 1. 
 Linlithgow. — Pat. Kenloquhy, Min. 1201. 
 
 Carriden Mr John Leslie, Ex. 111. 
 
 Kynneill — John Johnston, Ex. 24 Mks. with third of vicarage, ex- 
 tending to 101. 
 
 Peter Hamilton, R. in his roume, 241. 1571. 
 Torphichen. — Mr Rob. Hodge, Min. with the manse and 
 
 gleib, Cands. 1572. 
 Bathcat Mr John Gray, Min. and Vicar, the haill vicarage, ex- 
 tending to with the manse and glebe. 
 Livingston — John Clapperton, Ex. 261. 13. 4 entry Beltyne 
 
 1569, and now ane Min. and augmented 23 I. 6. 4. since 
 
 Nov. 1570. Translated to Hutton since Cands. 1571. 
 Strahrock — Mr Tho. Douglas, Min. 40 1.— Beltyme 1570. 
 Colder Comitis. — Mr John Spottiswood, Min. and Parson, the 
 
 tliird of the parsonage, extending to 681. 8. 5 2 b. Bear, and 
 
 10 b. of Oats, and for Calderclier 11 Mks. 
 Eglismanchane. — Mr John Mowbray, Parson and Min. the third of 
 
 the parsonage, extending to 34 1. 2. — 10 b. of Bear, &c. 
 
 Uummanyc Mr Rob. Hage, Ex. 111. entry at Lamnias 1569. 
 
 Kirklistonn Mr Wm. Strang, Min. 661. 13. 4. Beltyme 1569, 
 
 and 20 Mks. more since Beltyme 1571. 
 Ahircorne — James Moubray, R. at Abircorn — his stipend the new 
 
 provided vie. extending to 91. 6. 8. with the kirkland. 
 
 Aldcathj/e Aldcathy, neidis na R. 
 
 Kirknewton — James Moubray, R. 201. Lam. 1572. 
 
 Ratho Mr Jas. Hamilton, Min. 1001- Beltyme 1568. 
 
 Tho. Bischope, R. the third 6fhis ain, extend, to 31. '6. 8. 
 Currye.-^lslT Adam Lethame. Min. 1001. Nov. 1568. 
 
 E 2 
 
106 ABSTRACT OF REGISTER 
 
 Halts. — Alex. Forrester, R. his stip. 131, 10. 7. with vie. pen- 
 sionarie of Hallis to be payit out of the 3d of the Hospital of 
 St. Anthony's in Leith. 
 
 Crawmont. — Wm. Corn wale, Ex. 53. 6. 8. 
 
 Corstorphin Walt. Cowper, R. 251 — departit this hf Nov. 1570. 
 
 St. Cuthbcrt's Kirk Wm. Harlaw, Min. 200 Mks. to be paid by 
 
 the Abbey, and Comptrolor to pay hereof 80 Mks- 
 
 Edinburgh IMr Johne Knox, \ -mj- 
 
 Mr John Craig, j 
 John Cairnis, Reader. 
 
 Hali/rudhons.—John Brand, Min. 200 Mks. 12 b. of Oats— 100 
 
 Mks. thereof to be paid by the Commendatar of Halyrudhouse, 
 
 with 12 b. of Oats— iTMks be Canangate, and 111. of the 
 
 thirds ay and till samuckle anualis of the Canangait be vacand. 
 
 To be payit all be the Abbey. 
 
 Redalrig. — John Durye, Ex. 111. now Min. here and 
 
 Pennycuich. — Pennycuick, 1001. at Beltyme 1570. 
 
 Leith.— Mr Dav. Lindesay, Min. 300 Mks. 
 
 Biiddingston Mr Nin. Hamilton, Ex. 111. with the 3d of his 
 
 preb. extend, to 141. 4. 5. 8;c. 
 
 Libertoun — Mr Tho. Cranstoun, Min. 1001. — entry here at Lam. 
 1569 — translated to Peebles since Belt. 1571. 
 
 Xatoun. — Laurence Wcitson, R. his stip. the haill vie. extending to 
 101. 
 
 Pentland John Broun, R. 151. 11. with kirkland. 
 
 Glencorse. — Launcelot Gibson, R. 20 Mks. out of Restalrig, and for 
 payt. yrof 20 b. Oats. 
 
 Penvycuik. — Wm. Barbour, Min. and Ex. at Lessuaid, 471. 6. 6. 
 with kirkland of Lessuaid; out of 3d of pars, of Pennycuick, 
 141. 14. 8.; and the third of that part of the Kirk of Ellen 
 which pertaned to the said Wm's. oun preb. of Restalrig 
 which he had of old, George Tait, R. at Pennycuik, 161. with 
 kirkland, and out of pars, of Pennycuik. 
 Clerkington. — Mr John Dowglas, R. 161. 17. 9. with kirkland out 
 of Corstorphin or Clerkington " restand unassignitto the Min." 
 
 Howpis. 
 
 Dalkeith Rob. Vvllson, Min. 1201. 
 
 CokpenQ.r\d. Carringioi2. — Wm. Knox, Min. 1201. with manse and 
 glebe and 3d of vie. extend, to 7 Mks. 
 
 Lessuade.—V^^m. Barbour, Ex. 50 Mks. and 10 Mks. mairsin Nov. 
 
 1568. 
 Temple Wm. Hudson, Min. 80 Mks. with 3d of vie. 31, 6. 8. 
 
 Xeu-boitil.—Ur Ad. Foulis, Min. 1001. Nov. 1570. 
 
 Her id Kirk. 
 
 Borthicick Mr Th. Cranston, Min. 80 1. 
 
 Ctrichtoji. — Mr Ad. Johnstone, Min. and Provost, the 3d of bene- 
 fice, ext. to 46 I. 6. 6|. Nov. 1569. 
 
 Smvira William Franck, Min. 301. and the vie. of Keithumbie. 
 
 Keithumbie.— J as. Murrav, Ex. 25 Mk Cands. 1572. 
 
OF STIPENDS i:C7. 107 
 
 Ormestoun — Crouikstoun — Pencaitlen. — Mr A. Blackball, Alin. 
 
 1001. 
 iVfomwc— John White, Pars, and Min. 3d of pars. 10 1. 13. 4. 
 
 Barro Tho. DndLjeon, R. 24 Mks. 
 
 Wliiliingham. — Wm Sandi^rson, Min. 1201. 
 
 Garrot Pat. Calhraith, Ex. 161. Lam. 1571. 
 
 Dunbar Mr Aw. Simpson, Min. and to kirks thereabout, IGOl. 
 
 Spott Ux John Kello, Min. 1001. 
 
 Auldhamstocks. — Da v. Home, Min. the haill parsonage sinse 1509. 
 Tnnerwicke. — Mychaell Banck, Min. 80 Mks. 
 
 Steutoivn Tho. Daill, Ex. 201. 13. 4. Cands. 1568.' 
 
 Colbrandispath John Wallace, Ex. 111. to be cxaminat. 
 
 Dimglas — Tho. Lychtoun, R. 101- Lammas 1571. 
 
 Prestoiin. — Mr Geo. Hepburn, Par. and Min. 3d of benefice, 771. 
 
 15 Of 
 Northbarwick. — Mr John Young, Min. 200 Mks. Lord Erskine 
 
 to pay 100 Mks. thareof. Left this rowme and passit to 
 
 Duns, and Mr Pat. Criesh, Min. the same stip. Rob. Lauder, 
 
 R. 201. 
 Gulanc Tho. Macghe, Min. 3 ch. of Victual— 1 ch. Wheat— 12 
 
 ch. of Oats--to be paid by Lord of Mar for Gulane, and 100 
 
 Mks. for N. Berwick— to be paid by Collector of Lothian, 
 
 Belt. 1571. 
 Aldhai^m. 
 
 Quhilkirk Alex Forrester, R. his stip. 161. with the kirkland. 
 
 Tj/ningkam — INIat. Liddail, R. 201. Nov. 1570. 
 
 Abirladi/e. — George Adamson, R. his stip. 20 Mks. with kirkland. 
 
 Haddi77gfon.~Mv F-dt- Cokburn, Min. 1201. 
 
 Nungait. — Mr Ja- Carmychaell, Min. 1601. Lam. 1570. 
 
 Tranent. — Alex. Forestar, Min. 200 Mks. Translatit to this 
 
 rowme sen Cands. 1568. 
 Lci/ton. 
 
 ATussilburgk.— John Burre, Min. 200 Mks. 
 Boltoun — And- Symsoun, Vic. and Ex. 201. with 3d of vie. 11 1. 
 
 13. 4. Nov. 1567; and 211. 13. 4. for Saltoun since Lam. 
 
 1508. 
 Saltmin. 
 Bothanis and. Barro. — Mr Walt. Macomwel, Min. 801. Belt. 1572. 
 
 LAUDER DAILL. 
 Lauder. — 'lAx Ninian Borthwick, Min. 111. with 3d of his preben- 
 dary, 111. 2. 2f 
 Cfit/nkilkirk. 
 
 Ersilionn. --Ja. Flabern, R. 201. for payt. the haill vie. vacant and 
 ungiven up in rentale. 
 
 MERGE. 
 Gordou?!.--- Jirchd. Fairbarne, R. 10 1. with kirkland out of 3d 
 
 of Kelso. 
 Hovie — Cha. Home, R. 3d of Cha^. of Halyburton, 01. 13. 4. 
 Cands. 1571. 
 
108 ABSTRACT OF REGISTER. 
 
 Bassenden.— Mr Km. Borthwick, Min. his stip. 661. 13. 4. ^vith 
 
 kirWand of Ersiltoun, 
 
 Andw. Currie, R. 161. with kirkland. 
 satchel. — Wm. Mure, R. 161. with kirkland. 
 Nanthorne.—.V^m. Ormstoun, R. 161. with kirkland out of 3d of 
 
 Kelso. 
 Smailholme.—Tho. M'Kenno, R. 161, with kirkland. 
 Makcairstoun. — M.2LXtm Ruthirfurde, R. 101. with 3d of vie. 
 
 2 Mks. 8. 10^. 
 Ednem.—T\\o. Aickin, Min. 601. with kirkland. 
 
 John Hude, R. 161. &c. 
 Ecclis.—'Roh. Frenche, Min. 801. and 20 Mks. mair sin Lam. 
 
 1571. 
 Caldstreme. —io\m Clapperton, Min. 801. Cands. 1571. 
 Hutton.—^oh. Fynnie, R. 201. 1568. 
 Lanall. — John Clapperton, Min. 1001. with kirkland. 
 Greinlaw — Wm- Fraser, R. 161. 
 i^orgo.— David Balfour, R. 161. with kirkland. 
 Pollari.-.R. Bell, R. 23 ISIks. 
 
 UpsaUingto?i.— And. Winsister, R. 201. Nov. 1570. 
 Hornden. —Ja. Ross, R. 161. 
 Swi?iton.— John Forrest, R. haill vie. 
 Langtowi.— John Leitch, R. 161. with kirkland. 
 Bimse.—MT John Young, Min. 200 INIks. 1568. 
 Adrame.—Ja. Costrane, R. 20 Mks. Belt. 1570. 
 Slonne. —Roh. Flint, R. 121b. with slebe and manse, Nov. 1572. 
 St. Boihanis.—Wm. Colville, R. 24 Mks. 
 Cranschaws.—lSiichoW Syddie, R. 201b. 13. 4. 3d of parsonage, 
 
 111. 13. 4. with kirkland, with 3d of vie. pen. 91. 
 Hiltoun.'— J ohnne Lichtbody, R. stip. 161. 
 Fiskick.— Rob. Douglas, Vic. and Ex. haill vie. 201. Cands. 1567, 
 
 and 101. mair sen Lam. 1572. 
 Horndene. 
 Foulden.—'Da.Vidi Home, Min. 80 Mks. and 11 Mks. mair sen 
 
 Lammas 1568— to Aldhamstoeks, Belt. 1569. 
 Moirvintoun.—-R. Fynnie, R. 201. Lammas 1568. 
 Coldingham.—V^'m. Lamb, Min. 1001. 
 Prestoun and Banch.— John Blaek, Ex. 1 Mk. 
 Whitsum.—Y{ev^ Hudsoun, R. 331. 6. 8. 
 Kelso.— John Howie, Min. his stip. 1331. 6. 8. with the kirkland, 
 
 to be paid out of the 3d of the Abbey of Kelso, &c. 
 
 Adam Clerk, R. his stipend 201. without kirkland, and for 
 payt. thereof, 1 eh. 4 bolls Meal, &e. 
 Aitoun.— John Flint, R. his stip. 16 lb. with the kirkland, out of 3d 
 
 of Coldinghame. 
 Aldcammis.— R. 161. with kirkland. 
 
 Chirnside.—'^mian Forman, R. 201. 
 i^o«W<???.— Geo. Johnestoun, Min. 111. Lammas 1572. Translated 
 
 to Ancrim since Nov. 1572. 
 
ABSTRACT OF REGISTER. 109 
 
 The specimen which we have thus given of this regi- 
 ster is sufficient to illustrate the nature and extent of 
 endowment which was bestowed on the Reformed Church 
 soon after it was recognised as established in Scotland; 
 and it was for this purpose chiefly, and to make the ex- 
 istence of this authentic record known generally, that the 
 foregoing excerpts from it have been abridged. To give 
 the whole of it would much exceed the limits to which this 
 Supplement is confined ; and therefore it is necessary to 
 circumscribe our excerpts to the portion of it which has 
 been selected. The character of this record is through- 
 out the same, as applicable to all the other provinces of 
 Scotland. 
 
 This document is of importance at the present time, 
 because it is calculated to refute a heresy which has re- 
 cently sprung up in the Church, that endowment is not 
 by the Laws of the Church of Scotland an essential ele- 
 ment in its establishment — that there are no laws, statu- 
 tory or consuetudinary, to justify such a principle — and 
 that Churches within the pale of it may be legitimately 
 planted w^ith Ministers without any endowment. The 
 foregoing excerpts fully establish the practice of the 
 Church in the earliest days of its existence; and in addi- 
 tion to this may be subjoined a brief reference to other 
 muniments connected with the first settlement of our 
 Church, which demonstrate, that from the first dawn of 
 the Reformation, endowment has been deemed by the 
 Church an essential requisite to its existence as an Esta- 
 blishment ; and it is a remarkable circumstance, that a 
 clear distinction is made betwixt the ordained Ministers 
 and the temporary officials, Exhorters and Readers. 
 
 Without presuming to suppose that the following re- 
 ferences exhaust the whole evidence on this point, we 
 advert to what will be found in the second vol. of the 
 Compendium. 
 
 First Book of Discipline^ Chap. V. p. 42 of vol. I. — 
 " Concerning the Provision for Ministers, and for the 
 distribution of the rents and possessions justly appertain- 
 ing to the Church"— 1560. 
 
 Second Book of Discipline^ Chap. IX. p. 124 of vol. 
 
110 PATRIMONY OF THE CHURCH. 
 
 I. — " Of tlie Patrimonie of the Kirk, and Distribution 
 thairof"— 1578. 
 
 Acts of 1st General Assembly, 1560, vol. II. p. 2, § 11. 
 
 ... 2d ' 1361, ... p. 2 and 3, §2, 4, 6. 
 
 ... 4th 1562, ... p. 5, §10, 11. 
 
 ... 3th p. 7, §3 and 4. 
 
 ... 9th 1564, ... p. 14, §2. 
 
 10th 1565, ... p. 15, §5. 
 
 ... 11th p. 16, 17, §2, 12. 
 
 ... 13th 1566, ... p. ID, § 1 and 10. 
 
 ... 13th 1567, ... p. 21, § 1. 
 
 ... 16th p. 23, §6. 
 
 The Bulk of the Kirk will be found to confirm these 
 references. 
 
 The evidence now referred to is sufficient to establish, 
 that, from the first days of the existence of the Churcli, 
 and even before it was sanctioned and established by the 
 civil authority in 1567, an endowment of its Clergy was 
 one of the particulars which its fathers and founders re- 
 garded with the most sedulous earnestness as a right, 
 and as essential to its usefulness; and all subsequent 
 epochs in its history, down to the enactment of the Act 
 of Assembly as to Chapels of Ease in 1798, indicate 
 that the policy and the law of the Church have uniformly 
 been characterised by this principle. 
 
 PATRIMONY OF THE CHURCH— 1831. 
 
 A STATEMENT of the present Produce of the whole Feu-Duties or 
 Quit- Rents, and Teinds or Tithes, payable to the Crown, as come in 
 place of the Archbishop and Bishops within the Archbishoprick of St 
 Andrew's, and the Bishopricks of Edinburgh, Brechin, Moray, Caith- 
 ness, Galloway, Dumblane, Aberdeen, and Dunkeld, collected by John 
 Ker, and accounted for by him in Exchequer ; and of the Charges 
 which have been placed thereon.* 
 
 * The tabular statements of the several commodities in kind, and fractions,- 
 are unavoidably omitted. 
 
PATRIMONY OF THE CHURCH. Ill 
 
 CHARGE. 
 
 I. ARCHBISHOPRICK OF ST ANDREW'S. 
 
 Money rent, at L.5527, 15s. 3d. Scots, or in sterling, . L.460 12 11 
 Wlieat, at L.2, 17s. Gd. per imperial quarter, being the me- 
 dium fiar price of wheat for Fifeshire, crop and year 1831, 205 7 4 
 Bear, at L. 1, lis. Id. per imperial quarter, being the me- 
 dium fiars for Fifeshire, crop 1831, . . . 392 17 5 
 Oats, at L. 1, 2s. 9d. per imperial quarter, being the me- 
 dium fiar price of oats for Fifeshire, crop 1831, . 3G0 14 8 
 Oats, at lis. 4d. per imperial quarter, being one half of the 
 
 fiar price of oats for Fifeshire, crop 1831, . . 45 17 8 
 
 Pease, at L. 1, 10s. lid. per imperial quarter, being the fiar 
 
 price of pease for Fifeshire, crop 1831, . . . 6 13 1 1 
 
 Muirland oats, at L. 1, Os. 8d. per imperial quarter, being 
 the second fiar price of oats for the county of Edinburgh, 
 
 crop 1831, 48 3 1 
 
 16 bolls and two firlots of meal, old weight, or 20 bolls 2 
 firlots and 2 pecks imperial M'eight of 112 pounds avoir- 
 dupois per boll, at 14s. 2d. per imperial boll, being the 
 medium fiar price of oatmeal for Fifeshire, crop 1831, 14 13 
 The Abbey-yards of St Andrew's, formerly part of 
 the Archbishoprick of St Andrew's, also belong to the 
 Crown; this property was in 1819 let by the Barons 
 of the Exchequer for 19 years to the late Lord Nairne, 
 upon condition of his upholding inclosure walls, and 
 paying a yearly rent of L. 18, 2s, 2d. "at the terms 
 used and wont during the currency of this tack." Be- 
 sides the Abbey-yards, there is another small piece of 
 ground consisting of a few falls and an old vault, which 
 was let by the Barons, on 4th July 1822, to Dr Francis 
 Nicoll, Principal of the United College of St Andrew's, 
 for 19 years from Whitsunday 1823, at the yearly rent 
 of 5s. Both these sums are paid to and accounted for 
 by the general collector of Bishops' rents. 
 Rent of the Abbey-yards as above mentioned, L. 18 2 2 
 From which fiills to be deducted the old i-ent 
 formerly paid for the said Abbey-yards, and 
 which is included in the before-mentioned 
 sum of L.460, 12s. lid. sterling, being the 
 gross money rent charged against the Collec- 
 tor, 9 12 
 
 Rent payable by Dr Nicoll, 
 
 Total Archbishoprick of St Andrew's, 
 
 9 
 
 
 1 
 5 
 
 
 
 
 
 9 
 
 6 
 
 
 
 
 
 
 
 L.I544 
 
 6 
 
 1 
 
112 PATRIMONY or THE CHURCH. 
 
 II. BISHOPRICK OF EDINBURGH. 
 
 Money rent, at L.363, 5s. 4d. Scots, or in sterling, L.30 5 5 
 
 Bear, at L. 1, 10s. per imperial quarter, being the second 
 
 fiar price for the county of Edinburgh, for crop 1831, 27 12 8 
 
 Oats, at L. 1, 3s. 4d. per imperial quarter, being the first fiar 
 
 price of oats for the county of Edinburgh, for crop 1831, 6 2 1 
 
 Infield oats, at L. 1, 4s. 3d. per imperial quarter, being the 
 
 second fiar price of oats for the county of Haddington, 
 
 for crop 1831, 15 14 4 
 
 Outfield oats, at L. 1, 2s. lOd. per imperial quarter, being 
 
 the third fiar price of oats for the county of Haddington, 
 
 for crop 1831, 13 6 6 
 
 Pease, at L. 1, 10s. 4d. per imperial quarter, being the fiar 
 
 price of pease for the county of Edinburgh, crop 1831, o 10 
 
 Total Bishoprick of Edinburgh, . . L. 93 6 10 
 
 III. BISHOPRICK OF MORAY. 
 
 Money rent, at L. 824, 5s. 8d. Scots, or in sterling, . L. 68 13 9 
 
 49 B. or 37 q. 4 b. p. 1 g. bear, at L. 1, 10s. per imperial 
 quarter, being the fiar price of bear for the county of 
 
 Elgin, for crop 1831, 57 16 10 
 
 16 bolls of meal, old weight, or 22 bolls, 2 firlots, imperial 
 weight, of 112 pounds avoirdupois per boll, at 15s. per 
 imperial boll, being the fiar price of oatmeal for the county 
 
 of Elgin, crop 1831, 16 17 6 
 
 300 loads of peats, at 4d. sterling each load, . . .500 
 
 The Crown has also in the county of Elgin a property of 
 about 175 acres surrounding the Castle of Spynie, formerly 
 the residence of the Bishop of Moray. Of this property 
 only 8 or 10 acres are arable ; about 55 acres of the waste 
 ground were, five years ago, planted ; the remainder is in 
 pasture. The arable and pasture lands were let by the 
 Barons for fourteen years, from 25th May 1828, to the 
 Earl of Fife's trustees, at a rent of L.55 per annum ; the 
 first half yearly payment to be at Whitsunday 1829, and 
 the second at Martinmas 1829, and so on half yearly there- 
 after ; L.5 is paid out of the rent to a person for taking care 
 of the planting. This rent is paid to and accounted for 
 by the general collector of Bishops' rents. 
 The said rent, after the deduction above mentioned for crop 
 
 1831, . . . 50 
 
 Total Bishoprick of Moray, . . L.198 8 1 
 
PATRIMONY OF THE CHURCH. 113 
 
 IV. BISHOPRICK OF BRECHIN. 
 
 Money rent, at L.813, 16s. 6d. Scots, or in sterling, . L.67 16 4< 
 
 Wheat, at L.3,ls. 3d. per imperial quarter, being the highest 
 
 fiar price of wheat for the county of Forfar, crop 1831, 41411 
 
 Bear, at L. 1, 10s. Id. per imperial quarter, being the mediuua 
 
 price of bear for the county of Forfar, crop 1831, . 12 6 
 
 3 bolls of meal, old weight, or 3 bolls and 3 firlots imperial 
 weight of 1 1 2 pounds avoirdupois per boll, at 14-s. Id. per 
 imperial boll, being the fiar price for oatmeal for the 
 county of Forfar, crop 1831, 2 13 
 
 Total Bishoprick of Brechin, . „ . L. 76 6 11 
 
 V. BISHOPRICK OF GALLOWAY. 
 Money rent, at L.27-t3, 4s. 7d. Scots, or in sterling, . L.228 12 
 
 VL BISHOPRICK OF ABERDEEN. 
 
 Money rent, at L.3362, lis. 8d. Scots, or in sterling, . L.280 4 3 
 The Bishop's garden at Old Aberdeen belongs to 
 the Crown. It was let, on 29th June 1821, by the 
 Barons to Dr Duncan Mearns, Professor of Divinity 
 in King's College, Aberdeen, during his incumbency 
 in that office, on condition of his keeping the fences in 
 a proper state of repair during his lease, and paying 
 a rent of L.8, 6s. 8d. per annum. This rent is also 
 paid to and accounted for by the general collector of 
 Bishops' rents. Dr Mearns has now resigned his 
 lease. 
 
 Rent as above for crop and year 1831, . . . 868 
 
 Total Bishoprick of Aberdeen, . . L.288 10 11 
 
 VII. BISHOPRICK OF DUMBLANE. 
 
 Money rent, at L.527, 9s. Id. Scots, or in sterling, . L.43 19 1 
 
 There is also a small piece of ground belonging to 
 the Crown at Dumblane, called the Bishop's Garden, 
 which adjoins the manse of the minister of the parish 
 (Mr Grierson), to whom the Barons, on the 3d De- 
 cember 1818, gave it during his incumbency, free of 
 rent, as it had been enjoyed by his predecessors, on 
 condition that he should enclose the ground, and keep 
 the premises in good order. 
 
114 PATRIMONY OF THE CHURCH, 
 
 VIIL BISHOPRICK OF CAITHNESS. 
 
 Money rent, at L.1756, 18s. Id. Scots, or in sterling, L.146 8 2 
 14 bolls, 3 firlots, and I peck of victual, for crop 1831, at 
 L.2, 13s. 4d. Scots, or 4s. 5d. sterling per boll, being the 
 fixed price at which this victual has always been calcu- 
 lated, 3 5 10 
 
 The Crown has, in the county of Caithness, the lands of 
 Dororie, Scrabster, and Lethmore, formerly belonging to 
 the Bishop of Caithness. These lands are situated in the 
 parishes of Thurso and Reay. They are at present held by 
 Alexander Dunbar, on a lease for 19 years, commencing 
 at the 25th May 1831, at a rent of L.700, the first half- 
 yearly payment for crop 1832 to be at Martinmas 1832, 
 the second at Whitsunday 1833, and so on half-yearly 
 thereafter. This rent is paid to and accounted for by the 
 general collector of Bishops' rents. By the lease he was 
 allowed certain sums for a dwelling-house and a court of 
 oflSces, the latter of which has been completed, and the 
 dwelling-house, for which L.800 is to be allowed, is in pro- 
 
 The rent of Dororie, Scrabster, and Lethmore is, by the 
 new lease, L.700 per annum, but for the year 1831 it 
 was only 630 
 
 From which deduct the rent paj'able for these lands at the 
 time of the abolition of Episcopacy, and which rent was 
 included in the rentals tlien given into Exchequer, and 
 is charged against the collector as part of the before- 
 mentioned sum of L, 146, 8s. 2d., being the gross money 
 rent charged against him, . . . . . 82 15 I 
 
 Total Bishoprick (including property lands) of Caithness, L.547 4 
 
 10 
 
 IX. BISHOPRICK OF DUXKELD. 
 
 The amount of the rents of the Bishoprick of Dunkeld are stated in 
 the accounts of Mr Ker, the general collector of Bishops' rents, at L. 1829, 
 4s. lOd. Scots, or L. 152, 8s. 8d. ; but in consequence of evictions by 
 augmentations to the stipends of parochial clergy within the bounds of the 
 Bishoprick, the annual amount is now reduced to about L. 120 sterling. 
 
 His Majesty King "William III., by warrant under the Privy Seal, 
 dated the 29th February 1696, "appointed, assigned, and perpetually doted 
 the sum of L. 150 sterling yearly, out of the first and readiest of the said 
 rents, duties, and casualties of the Bishoprick of Dunkeld, as well spiri- 
 tuality as temporality thereof, to be paid to John Lord Murray, Lord 
 Cardross, Lord Ruthven, John Macfarlane of that Ilk, Sir Patrick Mur- 
 ray of Ochtertyre, Thomas Hay of Balhousie, William Drumniond of 
 Meginch, and — — Stewart of Ardvoirlich, whom, or any three of them 
 as shall be in life for the time, and their successors in their lands and 
 
PATRIMONY OF THE CHURCH. 115 
 
 estates, being majors, We hereby appoint Our trustees, for uplifting and 
 dispensing the sum foresaid, for the ends underwritten ; and that at two 
 terms in the year, Whitsunday and Martinmas, by equal jjortions, to be 
 employed for erecting and building of schools and schoolmasters' houses, 
 where wanting, within the bounds aforesaid (id est, the Highlands of 
 Perthshire, Stirlingshire and Duml)artonshire), and for provision and pay- 
 ment of the masters of those schools that shall be erected ; as also, for the 
 augmenting and better provision of the schools already erected, but not 
 sufficiently provided, of such fees and allowances as they shall judge 
 needful, at the sight always of the I^ords of Our Treasury and Ex^- 
 chequer, to whom tlie said trustees are hereby made comptable." 
 
 Tile rents of the Bishoprick of Dunkeld, as before mentioned, now 
 amount to only about L, 120 per annum, and are, consequently, inadequate 
 to the said grant of li. 150 per annum. This being the case, the trustees 
 for many years past have been allowed to collect the whole rents for the 
 benefit of the trust, which has been done by a collector aj)pointed by them, 
 and also by the Barons of Exchequer for that purpose: and the collector 
 so appointed, from time to time, renders to the Barons of Exchequer ac- 
 counts of the application of funds collected by him. 
 
 The whole rents being thus gifted for the purposes before mentioned, 
 the Crown derives nothing from the Bishoprick of Dunkeld. 
 
 Charges upon and Deductions from said Rents. 
 
 Surcharges for Crop 1831. 
 
 Upon the abolition of Episcopacy, when the Bishops' rents came into the 
 possession of the Crown, the rentals therec^ delivered over to the Officers 
 of the Crown were very inaccurate and defective, and it was found impos- 
 sible to discover the persons or lands liable in payment of many of th.e duties 
 contained in them; but, in accounting for their intromissions, the collec- 
 tors have always been charged with the gross amount of these rentals, and 
 have been allowed credit, under the denomination of surcharges, of such 
 sums as have not been discovered. The annual amount is always the 
 same, at least it has been so for more than 40 years past, and is as follows ; 
 viz 
 
 ARCHBISHOPRICK OF ST ANDREW'S. 
 
 Money surcharge, L. 16G, 6s. 6d. Scots, or in sterling, L. 1.3 17 2 
 
 BISHOPRICK OF EDINBURGH. 
 
 jMoney surcharge, L.324-, 6s. Scots, or in sterling, . E.27 6 
 
 2-3 bolls, 1 firlot and 3 lippies of bear, old measure, or 18 
 (juarters, .3 bushels, 1 peck and 1 gallon, imperial mea- 
 sure, at L.I, 10s. per imperial quarter, being the second 
 fiar prices for the county of Edinburgh, crop 1831, . 27 12 9 
 
 L.51 13 3 
 
116 PATRIMONY OF THE CHURCH. 
 
 BISHOPRICK OF GALLOWAY. 
 Money surcharge, L.678, 12s. 7d. Scots, or in sterling, L.56 11 
 
 BISHOPRICK OF BRECHIN. 
 
 Money surcharge, L. 31 Scots, or in sterling, . . L.2 11 8 
 
 3 boUs of meal, old weight, or 3 bolls and 3 firlots imperial 
 of 112 pounds avoirdupois per boll, at 14s. Id. per impe- 
 rial boll, being the fiar price of oatmeal for the county of 
 
 Forfar, crop 1831, 2 13 
 
 1 boll of bear, old measure, or 6 bushels imperial measure, 
 at L. 1, 10s. Id. per imperial quarter, being the fiar price of 
 bear for the county of Forfar, crop 1831, . . . 12 6 
 
 L.6 7 2 
 
 BISHOPRICK OF ABERDEEN. 
 Money surcharge, L. 59, 7s. Scots, or in sterling, , L.4 18 11 
 
 BISHOPRICK OF MORAY. 
 190 loads of peats, at 4s. sterling each load, . . L.3 3 4 
 
 BISHOPRICK OF CAITHNESS. 
 
 Money surcharge, L. 119, 5s. 5d. Scots, or in sterling, . L.9 18 9 
 Total Surcharges, L.149 9 9 
 
 DESPERATE ARREARS. 
 
 The desperate arrears are much in the same situation with the surcharges, 
 consisting of feu and teind duties contained in the old rentals, which the per- 
 sons said to be liable in payment of have resisted; and qfteind-duties which 
 have been allocated by competent authority, in augmentations of sti- 
 pends of parochial clergy; the annual amount, as in the surcharges, has 
 been the same for about 40 years, and is as follows; viz. — 
 
 ARCHBISHOPRICK OF ST ANDREW'S. 
 Money arrear, L.158, 8s. 4d. Scots, or in sterling, . L.13 4 
 
 Carry over, L. 1 3 4 
 
PATRIMONY OF THE CHURCH. 117 
 
 Brought over, L.13 4 
 
 i bolls, 2 firlots, 2 pecks and 2 lippies of bear, old mea- 
 sure, or 3 quarters, 3 bushels, I peck and 1 gallon, im- 
 perial measure, at L.l, lis. Id. per imperial quarter, 
 being the medium fiar price of bear for Fifeshire, crop 
 
 1831, 565 
 
 1 boll of oats, old measure, or 5 bushels, 3 pecks and 1 
 gallon, imperial measure, at L.l, 2s. 9d. per imperial 
 quarter, being the medium fiar price of oats for Fifeshire, 
 crop 1831, 16 8 
 
 L.19 7 1 
 
 BISHOPRICK OF GALLOWAY. 
 
 Money ar rear, L. 91, Is. 2d. Scots, or in sterling, . . L.7 11 9 
 
 BISHOPRICK OF ABERDEEN. 
 
 Money arrear, L.32, 18s. 6d. Scots, or in sterling, . L.2 14 10 
 
 BISHOPRICK OF MORAY. 
 
 Money arrear, L. 147, 8s. lOd. Scots, or in sterling, . L. 12 5 8 
 
 9 bolls of bear, old measure, or 6 quarters, 7 bushels and 1 
 gallon, imperial measure, at L.l, 10s. lOd. per imperial 
 quarter, being the fiar price of bear for the county of Elgin, 
 crop 1831, .... . . . . 10 12 5 
 
 L.22 18 1 
 
 Total Desperate Arrears, . . L.52 1 
 
 Allowance to the Professors in the University of Aberdeen, 
 by Gift of Mortification, viz. — 
 
 To the King's College L. 193 6 8 
 
 To the Marischall College, 86 13 4 
 
 Allowance for two Bursars, ..... 20 
 
 L.300 
 
 Allowance to the University of Edinburgh, per Gift of 
 
 Mortification, viz. — 
 To the Professor of Ecclesiastical History, . . L.lOO 
 
 Allowance to five Bursars, ..... 50 
 
 L.150 
 
118 PATRIMONY OF THE CHURCH. 
 
 Allowance to the University of St Andrew's, per Gift 
 of Mortification; viz. 
 To the Principal and Professors in the United College, 
 To the Professor of Ecclesiastical History, 
 To the Professor of Hebrew, .... 
 
 Allowance to three Bursars, .... 
 
 Allowance to the Precentor of St Andrew's, . . L.5 11 1 
 
 Money paid to Clerks to the Lord President and Judges of 
 the Court of Session, being sums formerly paid to the said 
 Judges previous to the abolition of Episcopacy in Scot- 
 laijd, L.29 16 2 
 
 L.140 
 
 
 
 
 
 150 
 
 
 
 
 
 25 
 
 
 
 
 
 30 
 
 
 
 
 
 L.345 
 
 
 
 
 
 Stipend to the first Minister of Canongate j viz. 
 
 Money stipend, L.21 2 2 
 
 1 1 bolls 3 firlots of oats, old measure, or 8 quarters 4< 
 bushels 1 peck and 1.^ gallon, imperial measure, at L. I, Os. 
 8d. per imperial quarter, being the second fiar price of 
 oats for Edinburghshire, crop 1831, . . . . 8 16 9 
 
 2 bolls 2 F. 3 P. barley old measure, or 1 quarter 7 B. 2 p. 
 ji G. imperial measure, at L. 1, 13s. 4d. per imperial quar- 
 ter, being the fiar price of barley for Edinburghshire, crop 
 1831, 352 
 
 Total Minister of Canongate, L..33 4 2 
 
 Grant to Robert Wilson, Minister of Anstruther-Easter, during his 
 life and service of the cure of said Church. 
 
 23 bolls If. 1 p. 1^ l. of wheat, old measure, or 1 1 quar- 
 ters 5 b. 3 p. 1 g. imperial measure, at L.2, 17s. 6d. per 
 imperial quarter, being the fiar price of wheat for Fife- 
 shire, crop 1831, L.33 U 8 
 
 23 bolls If. 1 p. IfL. bear, old measure, or 17 quarters 
 1 L. imperial measure, at L. 1, lis. l^d. per imperial quar- 
 ter, being the fiar price of bear for Fifeshire, crop 1831, 26 12 8 
 
 23 bolls If. 1 p. 1|-l. of oats, old measure, or 17 quar- 
 ters 1 L. imperial measure, at L. 1, 2s. 9.^d. per imperial 
 quarter, being the fiar price of oats for Fifeshire, crop 
 1831, 19 10 3 
 
 L.79 17 8 
 Deduct paid to him by Mr Bethune of Blebo, . . 29 2 8 
 
 Total Minister of Anstruther-Easter, . L.50 15 
 
PATRIMONY OF THE CHURCH. 
 
 Grant to the Minister of Anstriither- Wester, 
 
 Grant to the Minister of Dunkeld ; viz. 
 
 Money, ... ..... 
 
 4«3 bolls 3 P. of bear, old measure, or 31 quarters 3 B. 2 p. 
 ^G. imperial measure, at L.l, 12s. Id. per imperial quar-. 
 ter, being the highest fiar price of bear for the county of 
 Perth, for crop 1831, 
 
 43 bolls 3 p. of meal, old weight, or 53 bolls 2 F. 2 p. U i^- 
 imperial standard weight of 112 pounds avoirdupois per 
 boll, at 13s. lljd. per imperial standard boll, being tlie 
 highest fiar jirice of oatmeal for the county of Perth, for 
 crop 1 83 1, 
 
 Total Minister of Dunkeld, 
 
 119 
 
 L.16 13 4 
 
 L.50 
 
 50 8 10 
 
 37 7 9 
 L.137 1 7 
 
 Stipend to the Minister of Tranent, .... 
 
 Stipend to the Minister of Stow ; viz. 
 
 6 bolls 2 F. 2 p. 2 ; L. meal, old weight, or 8 bolls 1 f. 3| L. 
 imperial standard weight of 1 12 pounds avoirdupois per 
 boll, at lis. per imperial standard boll, being the fiar 
 price of meal for the county of Edinburgh, for crop 
 1831, 
 
 3 bolls If. 1 p. 1^ rough bear, old measure, or 2 quarters 
 3 bolls 1 p. 1:^ G. imperial measure, at L.l, 10s. per im- 
 perial quarter, being the fiar price of bear for the county 
 of Edinburgh, for crop 1831, .... 
 
 Total Minister of Stow, 
 
 L.16 7 4. 
 
 L.5 16 
 
 3 12 10 
 
 L.9 9 2 
 
 For 
 For 
 For 
 
 Land-tax. 
 For the Archbishoprick of St Andrew's, in Fifeshire, 
 For - - ditto, in Forfarshire, .... 
 
 For - - ditto, in Edinburghshire, 
 
 - Bishoprick of Brechin, .... 
 
 - Bishoprick of Edinburgh, 
 
 - Bishoprick of Galloway, in the Stewartry of Kirk 
 cudbright, ....... 
 
 For the ditto and part of the Bishoprick of Dumblane, in 
 Wigtonshire, ....... 
 
 For the Bishoprick of Aberdeen and part of the Arcl 
 bishoprick of St Andrew's, in Aberdeenshire, 
 
 For the Bishopricks of Aberdeen and Moray, in BanflTshire, 
 
 For - - Bishoprick of Moray, in Elginshire, 
 
 For - - ditto, in Nairnshire, 
 
 Total Land- Tax, . 
 
 L.Gl 
 
 7 
 
 8 
 
 2 
 
 19 
 
 10 
 
 5 
 
 16 
 
 9 
 
 5 
 
 6 
 
 3 
 
 12 
 
 1 
 
 10 
 
 3 18 2 
 13 16 3 
 
 22 18 
 
 e, 2 7 
 
 . ]o 18 
 
 1 9 
 
 2 
 
 1 
 7 
 
 
 L.I47 19 
 
 8 
 
120 PATRIMONY OF THE CHUFXH. 
 
 Collector's Salary and Allowances. 
 
 Salary, L,200 
 
 Allowance for expenses attending the execution of the 
 
 office, ........ 162 8 10 
 
 Total salary and allowances, L.362 8 10 
 
 Expenses incurred by the Collector in law charges, in reco- 
 vering the rents and duties upon an average of years, 10 
 
 L.372 8 10 
 
 Payments out of Property Lands in Caithness. 
 Land-tax and other county assessments, about . . L.30 
 
 Stipend to Minister of Reay. 
 
 4 bolls If. 1 l. meal, old weight, or 5 bolls 2f. 2p. |l. 
 imperial standard weight of 112 pounds avoirdupois per 
 boll, at 17s. 3d. per old boll, being the fiar price of meal 
 for the county of Caithness for crop 1831, no fiars having 
 been ascertained in the county according to the new im- 
 perial measures, . . . . L.3 13 7 
 
 4 bolls If. 1 l. bear, old measure, or 3 quar- 
 ters 2 b. 3 P. If G. imperial measure, at L. 1 
 per old boll, being the fiar price of bear for 
 the county of Caithness for crop 1831, no 
 fiars having been ascertained for this county 
 according to the new imperial measures, 4 5 4 
 
 L.7 18 11 
 Deduct old stipend of Reay, the same forming 
 a deduction from the old rentals, and taken 
 from the charge against the Collector in the 
 gross charge of money and victual in the 
 Bishoprick of Caithness, viz. 
 
 Money, . . . L. I 5 6 
 
 2 bolls victual, at the fixed 
 conversion price of 4s. 5d. 
 per boll, . . . 8 10 
 
 1 14 4 
 
 Total stipend of Minister of Reay, : 6 4 6 
 
 Salary to the Schoolmaster of Reay, . . . . L.O 7 10 
 
 Stipend to Minister of Thurso. 
 7 bolls 2 F. I L. of meal, old weight, or 9 bolls 3 F. 2 P. 2 L. 
 imperial standard weight of 112 pounds avoirdupois per 
 boll, at 17s. 3d. per old boll, being the fiar price of meal 
 
PATRIMONY OF THE CHURCH. 
 
 121 
 
 for the county of Caithness, for crop 1831, no fiars hav- 
 ing been ascertained for this county according to the 
 new imperial measure . . . L.6 9 7 
 7 bolls 2 F. Jr L. of bear, old measure, or 5 quar- 
 ters 7 b. 1 p. Ij' g. imperial standard mea- 
 sure, at L.l per old boll, being the fiar price 
 of bear for the county of Caithness, crop 
 1831, no fiar prices having been ascertained 
 for this county according to the new mea- 
 sures, 7 10 2 
 
 Deduct old stipend of Thurso, the same form- 
 ing a deduction from the old rentals, and ta- 
 ken from the charge against the Collector in 
 the gross money charge of the Bishoprick 
 of Caithness, ..... 
 
 Total stipend to Minister of Thurso, 
 
 13 19 9 
 
 6 8 9 
 
 7 11 
 
 Salary to the Schoolmaster of Thurso, . 1 16 1 
 Deduct the old school salary of Thurso, the 
 same forming a deduction from the old ren- 
 tals, and taken from the charge against the 
 Collector in the gross money charge of the 
 Bishoprick of Caithness, . . . 1 8 11 
 Total salary to Schoolmaster of Thurso, 
 
 Repairs on kirks, manses, school-houses, &c.a bout 
 
 Assessments for making and maintaining roads, &c. about 
 
 
 
 7 
 
 2 
 
 L.15 
 
 
 
 
 
 t L.50 
 
 
 
 
 
 Fees to Officers of Exchequer on passing Account, viz. 
 The Fee Fund in King's Remembrancer's Office, 
 Ditto in Lord Treasurer's Remembrancer's Office, 
 The Clerks in the Auditor's Office, 
 The Usher of Exchequer, .... 
 The Clerk of the Pipe, 
 
 Total Fees, 
 
 L.O 11 
 
 8 
 
 2 10 
 
 
 
 8 8 
 
 
 
 3 
 
 2 
 
 5 
 
 
 
 L.ll 17 10 
 
 By the new lease of the property lands in Caithness to Mr 
 Dunbar, the present tenant, he was allowed to op end 
 certain sums for a dwelling-house and a court of offices, 
 which have been directed by the Barons of P^xchequcr 
 from time to time to be allowed by the Collector ct 
 settling for the rent. The sura allowed in the year 1831 
 was ........ 
 
 L.450 
 
122 PATRIMONY OF THE CHURCH. 
 
 A new church has been lately built in the parish of Thurso, 
 within which a great part of the Crown Lands lie. The 
 Crown's share of the expense has not yet been fully 
 ascertained. Suras, however, have been paid to account, 
 and when finally fixed, the whole expense chargeable 
 upon the Crown Lands will, it is believed, amount to 
 about L.300. 
 
 X BISHOPRICK OF ORKNEY. 
 
 AntJount of the revenues of the Bishoprick of Orkney, col- 
 lected by Thomas Graham, . L. 1366 2 8 
 Deduct charges placed on said rents, . 663 10 4 
 
 Net amount, . . L.702 12 4< 
 
 XL— BISHOPRICK OF ROSS. 
 
 Feu- Duties or Quit -Rents, and Teinds or Tithes, payable to the 
 Crown, as come in place of the Bishop, within the Bishoprick of Ross, 
 collected by William Murray, and accounted for by him in Exchequer ; 
 viz. 
 
 Money rent of the Bishoprick of Ross, conform to rental, 
 
 for crop and year 1831, L. 161 8 9 
 
 142b. 3f. 1p. 106l. orqrs. 4b. 2p. iG.bear,at L.l, 9s.od. 
 per quarter, being the medium Exchequer fiars for the 
 county of Ross, for crop 1831, .... 157 1 5 
 
 142 bolls, 3 firlots, and 1 peck, old measure, or 200 bolls, 3 fir- 
 lots, 2 pecks, and 2 lippies of oatmeal, new imperial weight 
 of 112 pounds avoirdupois per boll, for crop 1831, at 
 13s. 3d. per imperial boll, being the medium Exchequer 
 fiars for the county of Ross for said crop, . . 133 10 5 
 
 Amount of Charge, .... L.452 7 
 
 Charges placed on said Rents . 
 Collector's salary, subject to the statutory deductions of 
 
 Is. 6d. per pound, L.83 6 8 
 
 Stipend to the Rev. John Finlayson, Minister of the Gaelic 
 Chapel at Cromarty, per Royal Sign Manuals, dated 
 11th June 1808 and 15th July 1825; viz. Money, L.50 
 
 50 bolls or 37 quarters, 2 bushels, 1 peck, and § gallon of 
 bear, at L. 1, 10s. 9d. per quarter, for crop 1831, being 
 the Sheriff fiar price of the county of Ross for all bear 
 and barley for said crop, . . . . . 57 1 1 5 
 
 50 bolls, old measure, or 70 bolls, 1 firlot, and 1 peck of meal 
 
 imperial measure of 112 pounds avoirdupois per boll, at ' 
 
 Carry forward, L. 107 11 5 
 
L.157 
 
 5 
 
 2 
 
 L.l 
 
 
 
 
 
 L.57 
 
 3 
 
 9 
 
 PATRliMONY OF THE CHURCH. 123 
 
 Brought forward, L. 107 11 5 
 
 14s. Id. per imperial boll, for crop 1831, being the me- 
 dium Sheriff fiar price for the county of Ross for said 
 crop, 4-9 13 9 
 
 Postages, carriage of parcels, &c . 
 
 Cess or Land Tax, contingencies and assessments for re- 
 pairs, &c. on Parliamentary roads and bridges, 
 
 Fees to Officers of Exchequer on passing Account ; viz. 
 Fee Fund in King's Remembrancer's Office, L.O 11 8 
 Ditto in Lord Treasurer's Remembrancer's 
 
 Office, 
 
 Auditor's Clerks, .... 
 
 Usher, ...... 
 
 Clerk of the Pipe, .... 
 
 Amount of Deductions, 
 
 Xir — ARCHBISHOPRICK OF GLASGOW. 
 
 Feu-Duties or Quit-Rents, and Teinds or Tithes, payable to the 
 Crown, as come in place of the Archbishop, within the Archbishoprick 
 of Glasgow, collected by Lawrence Hill, and accounted for by him in 
 Exchequer ; viz. 
 
 Money rent of the Archbishoprick of Glasgow, conform to 
 
 rental, for crop and year 1831, . . . . L.10516 6 
 
 2 10 
 
 
 
 
 
 2 2 
 
 
 
 
 
 3 
 
 2 
 
 
 
 5 
 
 
 
 
 
 
 
 L.5 11 
 
 10 
 
 
 
 53 8 11 
 34 12 6 
 09 10 6 
 
 Id. 
 
 513 capons, at 2s. Id. each 
 395 poultry, at Is. 9d. each, .... 
 154 salmon, at 9s. each, .... 
 
 1017 bolls 3 firlots 2 pecks of meal, old weight, at 17s, 
 
 per boll, 872 12 9 
 
 1 boll 2 firlots and I peck of bear, old measure, at 
 
 L.l, 7s. 4d. per boll, 2 4 1 
 
 187 bolls and 3 pecks of corn, old measure, at 16s. 8d. 
 
 per boll, 156 3 
 
 Amount of Charge, . . L.l 294 5 6 
 
 Charges placed on said Rents : 
 Allowances to the Principal and Professors in the Uni- 
 versity of Glasgow, ...... L.433 6 8 
 
 Allowances to Bursars in said University, . . . 70 
 
 Allowance to the College of Glasgow for the purchase of 
 philosophical apparatus, , . . . . . 12 
 
 Carry forward, L. 5 1 5 6 & 
 
124 PATRIMONY OF THE CHURCH. 
 
 Brought forward, L.515 6 8 
 
 Allowance for the maintenance of the Bishop's Bursar, 1 
 
 chalder of meal, at the College fiar prices, 17s. Id. per boll, 13 13 4 
 
 Contribution to Lord President's Clerk, . . • . 3 7 
 
 Cess or land-tax for Archbishoprick on the valuation of 
 
 L. 40,000 Scots, 84 14 10 
 
 Precentor of High Church of Glasgow, . . . . 5 
 
 Collector's Salary, . ' 30 
 
 Officer's Salary, . 2 15 6 
 
 Miscellaneous expenses, such as stamps for receipts to 
 
 vassals, stationery, and advertising the fiar prices, . 11 2 11 
 
 Fees to Officers of Exchequer on passing Account ; viz. 
 Fee Fund in King's Remembrancer's Office, L.O 11 8 
 Auditor's Clerks, . . . . 3 3 
 
 Usher, 3 2 
 
 Clerk of the Pipe, . . . . 5 
 
 4 2 10 
 
 Amount of Deductions, L.670 3 
 
 XIII.— BISHOPRICK OF ARGYLL AND THE ISLES. 
 
 By gift from Queen Anne, dated 14th July 1705, the rents and re- 
 venues of this Bishoprick, which amount to about L.140 per annum, are 
 granted during pleasure, or until the same shall be recalled by her Majesty 
 or her Royal successors, to the Moderator and Provincial Synod of Argyll, 
 in trust, to be by them appHed for settling schools, repairing churches, 
 educatino- and training up ministers, and other pious ends and uses therein 
 mentioned. The rents are collected by a person appointed by the Synod, 
 and appropriated for the purposes mentioned in the grant. 
 
 NOTES. 
 
 Prior to the year 1832, the manag-ement of these appa- 
 nao'es of the Crown was vested in the Scotch Exchequer; 
 but by an Act of Parliament, passed on the 1 5th of August 
 that year, the hereditary land revenues of the Crown in 
 Scotland were placed under the management of the Com- 
 missioners of the Land Revenues of England and Ireland 
 
 (commonly called the Board of Woods, Forests, &c.) ; 
 
 and by a subsequent Act the year following, the powers 
 of these Commissioners, in relation to the management and 
 disposition of the land revenues of the Crown in Scot- 
 and, were extended and enlarged. 
 
 The consequence of this transfer of management has 
 
PATRIMONY OF THE CHURCH. 1*25 
 
 been a partial developement of the state of matters prior 
 to and at the time of this change, in Reports from the 
 Select Committee of the Commons on the Land Re- 
 venues of the Crown in the years 1833, 1834, and 1835, 
 which have been printed by order of the House of Com- 
 mons. These documents contain much curious matter — 
 and as they are not generally accessible, we have selected 
 from the 1 1th Report of the Board of Woods and Forests, 
 dated 29th July 1834, such particulars as seem to merit 
 public attention — and more especially the attention of 
 Members of Parliament. These Reports contain state- 
 ments from the Scotch Exchequer, Collectors, &c. with 
 regard to the whole of the Crown Estates in Scotland. 
 But we have abstracted only one portion — the Church 
 property which passed to the Crown at the Revolution, 
 when Episcopacy was abolished — and when its Revenues 
 were held by a lesral fiction to have devolved on the Crow^n 
 jure coronce, but were not annexed to it by any special 
 statute. This branch of the Royal demesnes claims spe- 
 cial notice at the present time, when so much is said 
 about Church property and its appropriation — and when 
 the national Church of Scotland is suing for a grant to 
 supply its wants. The remnant of the Popish Church 
 estates w^hich descended to the reformed Episcopal Church 
 appears to have been very slender indeed — and if we take 
 the present computed estimate of their annual value, the 
 whole Episcopal hierarchy of Scotland seems to have sub- 
 sisted on what is now reckoned insufficient for a single 
 prelate in England or Ireland. But we strongly suspect 
 that this limited patrimony, independently of avowed 
 appropriations to secular as well as sacred purposes, has 
 been much dilapidated by modern encroachment : for it 
 is altogether incredible that the Bishop of Edinburgh, 
 during the domination of High Church Episcopacy prior 
 to the Revolution, could be sustained upon a revenue 
 equivalent only to £93, 6s. lOd.; or tliat the Reverend 
 Fathers of Brechin and Dumblane should enjoy only the 
 respective incomes of £76, 6s. lid. and £43, 19s. Id.; 
 yet these are the total amounts of the several Episcopal 
 revenues of the sees now referred to, as having passed to 
 
 F 2 
 
126 PATRIMONY OF THE CHURCH. 
 
 the Crown at the Revolution. This anomaly in Episco- 
 palian statistics may perhaps be explained in part by some 
 notanda to which we shall direct attention in a little 
 while; but in the meantime, we subjoin an abstract of the 
 several ancient Archbishopricks and Bishopricks of Scot- 
 land, as these are now set down in the reports of the 
 Scotch Exchequer and Collector, on occasion of the trans- 
 fer of management to the Board of Woods and Forests in 
 1832— the rentals being for 1831. 
 
 REVENUES OF THE EPISCOPAL ESTATES IN SCOTLAND, 
 (1831.) 
 
 1. Archbishoprick of St Andrew's, L.1544 6 1 Sterling. 
 
 2. Do. 
 
 of Glasgow, 
 
 i 294 5 7 
 
 L 2838 11 8 
 
 3. Bishoprick 
 
 of Moray, 
 
 L.198 8 1 
 
 
 Edinburgh, 
 
 93 6 10 
 
 
 Brechin, . 
 
 76 6 11 
 
 
 Galloway, 
 
 . 228 12 
 
 
 Aberdeen, 
 
 . 228 10 11 
 
 
 Dumblane, 
 
 . 43 19 1 
 
 
 Caithness, 
 
 696 18 10 
 
 
 Dunkeld, . 
 
 . 120 
 
 
 Ross, 
 
 452 7 
 
 
 Argyle and Isles, 
 
 140 
 
 
 Orkney, 
 
 1366 2 8 
 
 0^44 ^ 11 
 
 
 
 Total annual value of ancient church estates, as stated 
 
 in official reports, ..... L.5482 17 7 
 
 Exclusively of fees to officers in the Exchequer on set- 
 tling the accounts, and divers other incidents, the annual 
 expense of collecting this small sum is as under: — 
 
 The General Collector's salary and allowances, , L.362 8 10 
 
 Collector for Bishoprick of Ross, . . . 83 6 8 
 
 Ditto for Orkney, 663 10 4 
 
 Ditto for Glasgow, 30 
 
 Expense of collecting revenue as above, . . L.1149 5 10 
 
 In stating the " charges upon and deductions from 
 said rents," the General Collector thus remarks: — 
 
PATRIMONY or THE CHURCH. 127 
 
 "surcharges for crop 1831. 
 
 " Upon the abolition of Episcopacy, when the Bishops' rents came 
 into the possession of the Crown, the rentals thereof delivered over 
 to the officers of the Crown were very inaccurate and defective — 
 and it was found impossible to discover the persons or lands liable in 
 payment of many of the duties contained in them; but in accounting 
 for their intromissions, the collectors have always been charged 
 with the gross amount of these rentals, and have been allowed 
 credit under the denomination of surcharges of such sums as have 
 not been discovered. The annual amount is always the same, at 
 least it has been so for more than 40 years past, and is as follows, 
 viz. 
 
 " Total Surcharges, . . . L. 149 9 9 
 
 "desperate arrears. 
 
 " The desperate arrears are much in the same situa- 
 tion with the surcharges, consisting of feu and teind 
 duties contained in the old rentals, which the persons said 
 to be liable in payment of have resisted; and of teind- 
 duties which have been allocated by competent 
 authority in augmentation of stipends of parochial 
 clergy — the annual amount, as in the surcharges, has 
 been the same for about 40 j'^ears, and is as follows, 
 viz. 
 
 •' Total Desperate Arrears, . . . 52 12 
 
 L.202 1 9 
 
 From these statements we think it may be fairly in- 
 ferred, that no serious attempt has ever been made to in- 
 vestigate the condition of the Church Estates in Scotland 
 since they passed from the Episcopal Prelates to the 
 Crown in 1689 — and that considerable dilapidations have 
 taken place in consequence of such slovenly superinten- 
 dence. It is utterly incredible that neither the persons 
 nor lands liable in rents or feu and other duties, as stated 
 in the Episcopal Rentals, could be discovered ; for the 
 valuation rolls of every county in Scotland contain every 
 parcel of land in the kingdom ; and the lands being dis- 
 covered, it were an easy matter to discover the owners 
 — and they being discovered, their title-deeds must ne- 
 cessarily show the feudal burdens upon them. 
 
128 PATRIMONY OF THE CHURCH. 
 
 Having thus given a sketch of the " remnant saved" 
 out of the wreck of these once large and wealthy do- 
 mains, it may not be unseasonable to present to the 
 public a statement of the appropriations of the revenues 
 thence arising, partly to religious, partly to educational, 
 and partly to secular purposes, 
 
 TO UNIVERSITIES. 
 
 1. Allowance to the Professors in the University of 
 
 Aberdeen, by gift of mortification, viz. : 
 
 To the King's College, . . L. 193 6 8 
 
 To Marischal College, . . 86 13 4 
 
 Allowance for two Bursars, . 20 
 
 L.300 
 
 Allowance to the University of Edinburgh, per gift 
 
 of mortification, viz.: 
 To the Professor of Ecclesiastical 
 
 History, . . . . L.lOO 
 
 Allowance to five Bursars, . 50 
 
 150 
 
 3. Allowance to University of St Andrew's, per gift 
 
 of mortification, viz. : 
 To the Principal and Professors in the United 
 
 College, L. 140 
 
 To the Professor of Ecclesiastical 
 
 History, 
 To the Professor of Hebrew, 
 Allowance to three Bursars, 
 
 Do- to Precentor, 
 
 Allowances to the Principal and Professors in the 
 University of Glasgow, . L.433 6 8 
 
 Allowances to Bursars, . . 70 
 
 Do. to College for purchase of phi- 
 losophical apparatus. 
 
 For maintenance of Bishop's Bursar, 
 
 Precentor of High Church, 
 
 150 
 
 
 
 
 
 25 
 
 
 
 
 
 30 
 
 
 
 
 
 L.345 
 
 
 
 
 
 5 
 
 11 
 
 1 
 
 350 11 1 
 
 12 
 
 13 
 
 5 
 
 
 13 
 
 
 
 
 
 4 
 
 
 534 
 
 
 
 
 
 
 
 
 L.1334 11 
 
 1 
 
 To the Universities of Scotland, 
 
 SCHOOLS. 
 
 1. The whole revenue of the ancient Bishoprick of 
 Dunkeld was assigned by Royal Warrant, 29th 
 
 Carryover, L.1334 11 1 
 
PATRIMONY OF THE CHURCH. 
 
 129 
 
 Brought forward, L. 1334 11 1 
 
 Feb. 1696, to certain Trustees for erecting and 
 building of schools and schoolmasters' houses in 
 the Highlands of Perth, Stirling, and Dumbarton 
 shires, and for provisio.i and payment of masters, 
 &c. L. 150 per annum— said to be now reduced to 120 
 
 2. By gift from Queen Anne, 14th July 1705, the 
 
 rents and revenues of the Bishoprick of Argyle, 
 and the Isles, *' which amount to about L.140 
 per annum, are granted during pleasure, or until 
 the same shall be recalled," to the Synod of Ar- 
 gyle, in trust, to be by them apphed for settling 
 schools, repairing churches, educating and train- 
 ing up ministers, and other pious ends and uses 
 therein mentioned, .... 
 
 3. Schoolmasters of Reay and Thurso, about 
 
 For educational purposes. 
 
 RELIGIOUS PURPOSES. 
 
 1. To the first Minister of Canongate, 
 
 2. To Minister of Anstruther-Easter, . 
 
 3. To Minister of Anstruther- Wester, 
 
 4. To the Minister of Dunkeld, . 
 5- To the Minister of Tranent, 
 
 6. To the ISIinister of Stow, . 
 
 7. Stipend to Minister of Reay, 
 
 8. Do. to Minister of Thurso, 
 
 9. To Minister of Gaelic Chapel, Cromarty, 
 
 For religious purposes, 
 
 140 
 
 
 
 
 
 
 
 15 
 
 
 
 L.1595 
 
 6 
 
 1 
 
 L.33 
 
 4 
 
 2 
 
 . 50 
 
 15 
 
 
 
 16 
 
 13 
 
 4 
 
 . 137 
 
 16 
 
 7 
 
 16 
 
 7 
 
 4 
 
 9 
 
 9 
 
 2 
 
 6 
 
 4 
 
 6 
 
 •7 
 • 
 
 11 
 
 
 
 157 
 
 5 
 
 2 
 
 L.435 
 
 G 
 
 3 
 
 SECULAR PURPOSES. 
 
 Money paid to the Clerks of the Lord President 
 and Judges of the Court of Session, being sums 
 formerly paid to the said Judges previous to the 
 abolition of Episcopacy in Scotland, 
 
 To Lord President's Clerk (Bishoprick of Glas- 
 gow), ....... 
 
 Officers of Exchequer — fees for passing accounts 
 — Ross, ....... 
 
 Glasgow, ...... 
 
 Exchequer fees, Bishoprick of Caithness, . 
 
 For secular purposes, ... 
 
 L.29 16 2 
 
 3 7 
 
 5 11 
 
 4 2 
 
 11 17 
 
 10 
 10 
 
 10 
 
 L.54 15 
 
 8 
 
130 PATRIMONY OF THE CHURCH. 
 
 Besides these purely secular appropriations, the ra- 
 tionale of which is not very manifest, there are 175 acres 
 of land round the Castle of Spynie (the old seat of the 
 Bishop of Moray), let to the Trustees of the Earl of 
 Fife for L.55 per annum — and the Abbey yards of St 
 
 Andrew's, let to Lord Nairn for L.18, 2s. 2d both of 
 
 which may be presumed to be beneficial leases for the 
 middlemen tenants. The existing appropriations there- 
 fore out of these Church revenues stand thus: — 
 
 1. For Educational purposes, . . . L.1595 6 1 
 
 2. For Ecclesiastical, . . . . . 435 6 3 
 
 3. For Secular, 54 15 8 
 
 L.2085 8 
 Exclusive of the L.1149, 5s. lOd. for collecting about L.5000. 
 
 It thus appears that of these perennial appropriations 
 from the ancient patrimony of the Church of Scotland, 
 there is not one-fourth part devoted to strictly religious 
 purposes. There was indeed a further appropriation of 
 L.lOO per annum out of the Bishoprick of Orkney to the 
 ministers of Kirkwall and Lerwick (L.50 each), but that 
 ceased on the Small Stipend Act coming into operation ; 
 while, on the other hand, there was a much larger secular 
 appropriation out of the same fund; — for LordDundas held 
 a lease of it at L.50 a-year during half a century — and it 
 was well worth L.1500 or L.2000, for many years. We 
 cannot discover how it should be that even the ecclesi- 
 astical appropriations above noted should still be con- 
 tinued, after all the established clergy have, either from 
 their teinds or small stipend fund in Exchequer, a legal 
 endowment to a sufficient extent — and it requires expla- 
 nation why and for what reason they are so continued. 
 It is unaccountable, too, how the revenues (dilapidated 
 and mystified as they seem to be) of the Bishopricks of 
 Dumblane and Argyle should continue to be given for 
 the maintenance of schools, while there is a legal establish- 
 ment by act of Parliament for a school in every parish of 
 Scotland. It may be, indeed, that the schools to which 
 
SMALL STIPENDS. 131 
 
 these appropriations are devoted are supplementary to the 
 parochial schools ; but is there no reason to suspect that 
 these funds are applied, not to the erection and endow- 
 ment of supplementary schools in situations where they 
 are required, but for the ease of the heritors who are bound 
 to uphold the parochial schools? And why give it for 
 the repair of churches? That is a legal burden on the 
 rentals. This is a subject worthy of some explanation and 
 inquiry : and it is passing strange that the two Bishopricks 
 of Dumblane and Argyle should have dwindled down to 
 the paltry revenue of L. 1 20 and L. 1 40 respectively. It is 
 barely possible that it may be so ; yet how it should hap- 
 pen, that episcopal benefices of dignity (the revenues of 
 which were usually payable in articles of produce in kind, 
 not liable to permanent depreciation) have sunk to so low 
 an ebb, is not explicable upon any probable theory. 
 
 It is set down, however, in the General Statement of 
 the Land Revenues of the Crown of Scotland with regard 
 to certain feu and other duties charged against Sheriffs, 
 that they are '' now lost sight of, and cannot be levied T 
 This is a matter, in so far as its patrimony is concerned, 
 which merits the attention of the Church ; and for this 
 reason the foregoing statement has been brought under 
 its notice. 
 
 SMALL STIPENDS. 
 
 1. 
 
 Abbey, St Bathen's 
 
 2, 
 
 Abercromby 
 
 3. 
 
 Aberdalgie 
 
 4. 
 
 Aberfoyle 
 
 5. 
 
 Abernytie 
 
 6. 
 
 Aboync 
 
 7. 
 
 Alva 
 
 8. 
 
 Alvie 
 
 9. 
 
 Anstrutbcr, Easter 
 
 10. 
 
 Anstrutber, Wester 
 
 Sums reported 
 
 as wanting 
 make up L., 
 
 to 
 
 58, 
 
 6.S. M. ; 
 
 aci 50 
 
 Geo. III. cap. 
 
 84. 
 
 
 
 L.93 
 
 16 
 
 4 
 
 14 
 
 
 
 2 
 
 27 
 
 8 
 
 
 
 27 
 
 2 
 
 2 
 
 74 
 
 12 
 
 10 
 
 3 
 
 12 
 
 8 
 
 38 
 
 8 
 
 
 
 20 
 
 18 
 
 11 
 
 36 
 
 16 
 
 8 
 
 4 
 
 17 
 
 11 
 
132 
 
 SMALL STIPENDS. 
 
 11. 
 
 Applecross 
 
 12. 
 
 Arderseer 
 
 13. 
 
 Assint 
 
 14. 
 
 Auchindore and Kearm 
 
 15. 
 
 Auchtertool 
 
 16. 
 
 Ayr 
 
 17. 
 
 Baldernock 
 
 18. 
 
 Balfron 
 
 19. 
 
 Banchorie Devenich 
 
 20. 
 
 Barra 
 
 21. 
 
 Barras 
 
 22. 
 
 Beath 
 
 23. 
 
 Bellie 
 
 24. 
 
 Birnie 
 
 25. 
 
 Birse 
 
 26. 
 
 Bracadale 
 
 27. 
 
 Bressay, Burray, and Quarff 
 
 28. 
 
 Buchanan 
 
 29. 
 
 Cabrach 
 
 30. 
 
 Campbelltown (1st charge) 
 
 31. 
 
 ^OA r«l^•arrro^ 
 
 
 
 32*. 
 
 Carmunnock 
 
 33. 
 
 Carmyllie 
 
 34. 
 
 Carnock 
 
 35. 
 
 Carreston 
 
 36. 
 
 Carrington or Primrose 
 
 37. 
 
 Clatt 
 
 38. 
 
 Cleish 
 
 39. 
 
 Collace . 
 
 40. 
 
 CouU 
 
 41. 
 
 Craignish 
 
 42. 
 
 Cranshaws 
 
 43. 
 
 Cullen 
 
 44. 
 
 Culsamond 
 
 45. 
 
 Cults 
 
 46. 
 
 Cumbertrees . 
 
 47. 
 
 Dallas 
 
 48. 
 
 Dalmellington 
 
 49 
 
 Dalziel 
 
 50 
 
 Daviot 
 
 51 
 
 Delting 
 
 52 
 
 Dolphington 
 
 53 
 
 . Drumblate 
 
 54 
 
 Drumoak 
 
 55 
 
 Dumfries (2d minister) 
 
 56 
 
 Dun 
 
 57 
 
 Dunnichen 
 
 58 
 
 . Dunscore 
 
 L.54 
 
 4 ] 
 
 I 
 
 40 11 
 
 1 
 
 8 
 
 8 
 
 6 
 
 38 
 
 11 
 
 8 
 
 64 
 
 2 
 
 9 
 
 86 
 
 2 
 
 2 
 
 62 
 
 4 
 
 
 
 69 
 
 
 
 
 
 6 
 
 3 
 
 1 
 
 62 
 
 19 
 
 11 
 
 38 
 
 10 
 
 7 
 
 25 
 
 5 
 
 10 
 
 31 
 
 
 
 3 
 
 37 
 
 15 
 
 3 
 
 18 
 
 8 
 
 1 
 
 74 
 
 8 
 
 11 
 
 40 
 
 9 
 
 9 
 
 43 
 
 13 
 
 7 
 
 69 
 
 8 
 
 10 
 
 37 
 
 10 
 
 7 
 
 47 
 
 7 
 
 3 
 
 10 
 
 7 
 
 5 
 
 15 
 
 11 
 
 10 
 
 14 
 
 16 
 
 8 
 
 70 
 
 
 
 4 
 
 47 
 
 15 
 
 6 
 
 17 
 
 4 
 
 10 
 
 75 
 
 17 
 
 1 
 
 71 
 
 6 
 
 8 
 
 30 
 
 3 
 
 4 
 
 15 
 
 7 
 
 4 
 
 121 
 
 7 
 
 3 
 
 36 
 
 8 
 
 4 
 
 34 
 
 5 
 
 7 
 
 43 
 
 6 
 
 3 
 
 37 
 
 10 
 
 4 
 
 59 
 
 2 
 
 6 
 
 46 
 
 6 
 
 
 
 82 
 
 17 
 
 9 
 
 11 
 
 16 
 
 2 
 
 49 
 
 7 
 
 8 
 
 111 
 
 2 
 
 2 
 
 28 
 
 17 
 
 3 
 
 43 
 
 2 
 
 
 
 91 
 
 13 
 
 4 
 
 7 
 
 11 
 
 7 
 
 22 
 
 5 
 
 1 
 
 109 7 11 
 
SMALL STIPENDS 
 
 59, 
 60. 
 61. 
 62, 
 63, 
 64. 
 65. 
 66, 
 61. 
 68, 
 69. 
 70. 
 71. 
 72. 
 73, 
 74, 
 75. 
 76. 
 77. 
 78. 
 79. 
 80. 
 81. 
 82. 
 83. 
 84. 
 85. 
 86. 
 87. 
 88. 
 89. 
 90. 
 91. 
 92. 
 93. 
 94. 
 95. 
 96. 
 97. 
 98. 
 99. 
 
 loo. 
 
 101. 
 102. 
 103. 
 104. 
 105. 
 106. 
 107. 
 
 Dunsyro 
 
 Durinish (Tongue) 
 
 Durinish (Skye) 
 
 Durris 
 
 Dyce 
 
 Ednam 
 
 Edrachilles 
 
 Edzell 
 
 Evie and Rendal 
 
 F:dla and Soutra 
 
 Ferry- Port-on- Craig 
 
 Fin tray 
 
 Firth and Stennis 
 
 Gask 
 
 Girthow 
 
 Glenbucket . 
 
 Glencorse 
 
 Glendovan 
 
 Glenisla 
 
 Glenluce 
 
 Glenshiel 
 
 Guthrie 
 
 Harris 
 
 Herriot 
 
 Holm 
 
 Hoy and Graemsay 
 
 Inverary (1st charge) 
 
 (2d charge) 
 
 Invercholan 
 
 Inverness (3d charge) 
 
 Jura and Colon say 
 
 Keig . 
 
 Kemnay . 
 
 Kilchomam . 
 
 Kildalton 
 
 Kildonnan 
 
 Kildrummie 
 
 Kiltarow 
 
 Kihnallie 
 
 Kilmarnock (2d charge) 
 
 Kilmuir 
 
 Kineller 
 
 Kinettles 
 
 Kirkden 
 
 Kirkgunzeon 
 
 Kirkmaiden 
 
 Kirkmichael 
 
 Kirkurd 
 
 Knockando 
 
 133 
 
 L.43 
 
 8 
 
 8 
 
 111 
 
 13 
 
 4 
 
 61 
 
 18 
 
 
 
 81 
 
 14 
 
 2 
 
 32 
 
 1 
 
 10 
 
 47 
 
 4 
 
 5 
 
 111 
 
 13 
 
 4 
 
 13 
 
 19 
 
 11 
 
 85 
 
 9 
 
 
 
 85 
 
 2 
 
 5 
 
 29 
 
 3 
 
 10 
 
 80 
 
 
 
 
 
 34 
 
 15 
 
 2 
 
 38 
 
 1 
 
 9 
 
 16 
 
 13 
 
 6 
 
 125 
 
 6 
 
 
 
 80 
 
 15 
 
 
 
 128 
 
 2 
 
 
 
 35 
 
 15 
 
 
 
 66 
 
 16 
 
 10 
 
 25 
 
 9 
 
 8 
 
 61 
 
 10 
 
 
 
 99 
 
 5 
 
 9 
 
 34 
 
 15 
 
 6 
 
 59 
 
 16 
 
 9 
 
 95 
 
 3 
 
 8 
 
 23 
 
 9 
 
 II 
 
 122 
 
 6 
 
 7 
 
 18 
 
 12 
 
 
 
 113 
 
 19 
 
 5 
 
 68 
 
 19 
 
 11 
 
 31 
 
 
 
 1 
 
 27 
 
 4 
 
 3 
 
 111 
 
 16 
 
 3 
 
 111 
 
 16 
 
 '> 
 
 69 
 
 15 
 
 10 
 
 49 
 
 10 
 
 
 
 111 
 
 16 
 
 3 
 
 42 
 
 15 
 
 (•) 
 
 33 
 
 8 
 
 10 
 
 80 
 
 6 
 
 8 
 
 41 
 
 3 
 
 5 
 
 30 
 
 1 
 
 
 
 58 
 
 4 
 
 4 
 
 67 
 
 9 
 
 3 
 
 
 
 11 
 
 / 
 
 102 
 
 15 
 
 6 
 
 87 
 
 3 
 
 
 
 13 
 
 15 
 
 3 
 
134 
 
 SMALL STIPENDS. 
 
 108. 
 
 109. 
 
 110. 
 
 111. 
 
 112. 
 
 113. 
 
 114. 
 
 115. 
 
 116. 
 
 117. 
 
 118. 
 
 119. 
 
 120. 
 
 121. 
 
 122. 
 
 12.3. 
 
 124. 
 
 125. 
 
 126. 
 
 127. 
 
 128. 
 
 129. 
 
 130. 
 
 131. 
 
 132. 
 
 133. 
 
 134. 
 
 135. 
 
 136. 
 
 137. 
 
 138. 
 
 139. 
 
 140. 
 
 141. 
 
 142. 
 
 143. 
 
 144. 
 
 145. 
 
 146. 
 
 147. 
 
 148. 
 
 149. 
 
 150. 
 
 151 
 
 152 
 
 153 
 
 154 
 
 155 
 
 156 
 
 157 
 
 Lady Parish 
 
 Laggan 
 
 Lintrathan 
 
 Lerwick 
 
 Leslie 
 
 Leswalt 
 
 Lethnot 
 
 Lochcarron 
 
 Locbgoilhead, &c 
 
 Lochiie 
 
 Locks 
 
 Lunan 
 
 Mid-Calder 
 
 Mordington 
 
 Moreham 
 
 iSIoulin 
 
 jMuckliart 
 
 ^luirkirk 
 
 Nesting 
 
 New Luce 
 
 Newton-on-Ayr 
 
 Nigg, Aberdeen 
 
 Northmaving 
 
 North Uist 
 
 Oathlaw 
 
 Orphir 
 
 Pennycuik 
 
 Pittenain 
 
 Portpatrick 
 
 Portree 
 
 Queensferry 
 
 Rattray 
 
 Rhynie 
 
 Rothes 
 
 Rowsay & Eagleshay 
 
 Ruthven 
 
 Saddell & Skipness 
 
 St Ola or Kirkwall (1 
 
 St Leonard's 
 
 Saline 
 
 Sandsting 
 
 Shapinshay 
 
 Skene 
 
 Sleat 
 
 Small Isles 
 
 Snizort 
 
 Southend 
 
 Stobo 
 
 Stornowav 
 
 st charge) 
 (2d charge) 
 
 L.48 4 
 
 2 
 
 73 2 
 
 7 
 
 59 14 1 
 
 
 
 90 16 
 
 3 
 
 20 6 
 
 6 
 
 22 4 
 
 3 
 
 44 4 
 
 6 
 
 43 12 
 
 11 
 
 15 17 
 
 5 
 
 69 5 
 
 3 
 
 34 14 
 
 5 
 
 23 8 
 
 5 
 
 88 17 
 
 9 
 
 88 11 
 
 
 
 12 4 
 
 1 
 
 47 19 
 
 2 
 
 26 14 
 
 6 
 
 67 4 
 
 9 
 
 69 2 
 
 I 
 
 88 9 
 
 1 
 
 90 
 
 
 
 60 6 
 
 4 
 
 8 19 
 
 4 
 
 88 6 
 
 8 
 
 37 5 
 
 4 
 
 34 3 
 
 6 
 
 80 3 
 
 1 
 
 22 19 
 
 7 
 
 35 11 
 
 
 
 78 11 
 
 2 
 
 39 14 
 
 1 
 
 71 16 
 
 
 
 3 16 
 
 2 
 
 . 32 10 
 
 6 
 
 . 59 19 
 
 2 
 
 104 9 
 
 10 
 
 43 5 
 
 9 
 
 88 3 
 
 6 
 
 138 3 
 
 6 
 
 77 2 
 
 1 
 
 63 13 
 
 6 
 
 42 17 
 
 2 
 
 81 11 
 
 7 
 
 57 7 
 
 9 
 
 95 17 
 
 4 
 
 64 16 
 
 4 
 
 73 18 
 
 11 
 
 91 10 
 
 7 
 
 12 13 
 
 
 
 58 17 
 
 5 
 
SMALL STIPENDS. 135 
 
 lo8. Stracban L.63 5 10 
 
 159. Stranraer 150 
 
 160. Strichen 42 19 1 
 
 161. Symington 58 9 9 
 
 162. Temple ...... 92 7 10 
 
 163. Tcrreagles . . . . . . 39 7 8 
 
 164. Tongue . . . . . HI 13 4 
 
 165. Tongueland 15 17 10 
 
 166. Touch 26 17 2 
 
 167- Towic ....... 20 3 7 
 
 168. Tyrie 22 4 5 
 
 169. Uig . . . . . . . 64 12 2 
 
 1 70. Walls and Flotta 42 3 4 
 
 171- Walls, &c. 62 10 5 
 
 172. Walston 79 10 11 
 
 173. Westcalder Ill 2 2 
 
 174. Westruther . . . . . 49 17 
 
 Addendum.— Bedmh, L.28, 8s. ; Bolton, L.23, 4s. 4d. ; Cockpen, 
 L.24, 4s. lOd.; Culross (2d ch.), L.45, Is. 4d. ; Dollar, L.23, 6s. 
 8d.; Elie, L.12, 14s. 8d. ; Fenwick, L.16, 10s. 8d. ; Gargunnock, 
 L.25, lis. 6d.; Gorbals, L.lOO; Kilbrandon and Kilchattan, L.14, 
 8s.; Kilchrinnan and Dalavick, L.14, 13s. 4d. ; Kilmadan, L.6, 8s. ; 
 Knapdale, Soutli, L.13, 16s. lOd. ; Kilmarnock (1st ch.), L.24, 
 12s. 2d., and High Church, L.51; Menmuir, L.3, 13s. 8d. ; Mid 
 and South Yell, L.15, 17s.; Sandwick, L.6, 5s. 6d. ; St Andrew's 
 (2d ch.), L.14, 17s.; St Leonard's, L.88, 2s.; Stromness, L.16, 
 4s. lOd. ; Tynwald and Frailflat, L.8, 12s. lOd.; Torphichen, L.25, 
 7s.; Kilninver, L.5, 17s. 2d in all, 208 Benefices. 
 
 The foregoing list exhibits a view of the Small Sti- 
 pends of the clergy in the Scottish Church, which have 
 been made up from the public revenue to L.150 per an- 
 num. It is taken from the record in the Teind Office, 
 and may be relied on as authentic. Besides this list, it 
 was intended to have included in this Supplement a state- 
 ment of all the stipends in the church ; but although this 
 can be done at present to the extent of 663 benefices, the 
 state cannot be completed until the Reports of the Royal 
 Commission shall furnish materials to fill up the residue. 
 On the 19th May 1826, the House of Commons ordered 
 a return to be printed of all augmentations made to the 
 stipends of the clergy of the established church of Scot- 
 land, by decree of the Lords Commissioners of Teinds in 
 Scotland, since the passing of the statute 48th Geo. III. 
 c. 138 (from 1808 to 1826), specifying the amount of the 
 
136 SMALL STIPENDS. 
 
 old stipend and of the augmentation thereof in each ease, 
 in grain or in money, and distinguishing the stipends that 
 cannot be again augmented or modified for twenty years. 
 From this return (which was made up by Mr Sylvester 
 Reid, Depute- Teind Clerk), the intended abstract could 
 to a certain extent be given; but it is deemed expedient 
 to postpone the publication of it until authentic informa- 
 tion be obtained in the Reports of the Royal Commission, 
 which will supply the void in the materials for such a 
 statistical record. Whenever it can be completed, how- 
 ever, it will be published in a condensed form, uniform 
 w^ith this work, and will supply a full view^ of the tempo- 
 ralities of benefices in the Church of Scotland. 
 
 INDEX. 
 
 Calls, Act on Calling of Ministers, 1835, - - Page 7 
 
 Overture and Interim Act, with regulations, 1835, 8 
 
 Notes of procedure relative to, in 1832-3-4 and 5, 14 
 
 Reasons of dissent against, . . . . 22 
 
 Chapels, Declaratory act as to, - - - - 27 
 
 Reasons of dissent against, . - . - 28 
 
 Church Patronage, Acts relative to, 1567, p. 64 ; 1592, p. 65 ; 
 
 1646, p. 65; abolishing, 1649, p. QQ', 1690, 
 
 p. 70; 1712, p. 73. 
 
 Patrimony of the, present state of, - - - 110 
 
 Churches, New, Overtures anent, . _ . - 30 
 
 Colonial, Declaratory act as to, - - - 33 
 
 Parliamentary^ . . . . _ 34 
 
 Notes thereanent, - _ _ . . 35 
 
 Divinity, Acts relative to students of, _ _ - 58 
 
 Missions, Act in favour of India, 43 
 
 Orders, Standing, for dispatching business, - - 51 
 Presbyteries, Act as to Presbyteries of Paisley, Irvine, and 
 
 Greenock, - - - - - - 44 
 
 for explaining acts relative to number of Com- 
 missioners sent from, - - 45 
 Process, Resolutions as to form of, - - - - ib- 
 
 Register, abstract of endowments after Reformation, - 102 
 Synods, Act for altering day of meeting of Synods of Glenelg 
 
 and Lothian and Tweeddale, . _ _ 63 
 
 Stipends, List of small, - _ _ _ _ 131 
 
 Usage of Church in settling ministers, - - . - 77 
 
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