-jr ,,..vvi «* * *"'*« ***, PRINCETON, N. J. Division . Z^.VS. Section M^ViZ 5/^^^. Number IBX 9078 .W55 1863 ^ilson, John, 1813-1878. Ilndex to the Acts and proceedings of the General INDEX TO THE ACTS AND PROCEEDINGS OF THE GENERAL ASSEMBLY OF THE CHURCH OF SCOTLAND i INDEX TO THE ACTS AND PROCEEDINGS OF THE GENERAL ASSEMBLY OF TEE CHURCH OF SCOTLAND FROM THE REVOLUTION TO THE PRESENT TIME LIBRARY OF PRJNCETOM BY THE KEY. JOHN^WILSOX MINISTER OF DUNNiyO MAY 2 2008 THEOLOGICAL SEMINARS WILLIAM BLACKWOOD AND SONS EDINBURGH AND LONDON MDCCCLXIII 1? 1^3 PREFACE. This work is intended to supply a want which has been long felt by those engaged in the business of the Church Courts. It aspires to be something more than a mere Index. The analysis of the Acts is so full, and the Digest of the Proceedings and Decisions so particular, that, for ordinary practice, it will of itseK be sufficient, it is hoped, as a convenient book of reference ; while to those who wish for fuller information in regard to any ecclesiastical matter, it indicates where that information may be found, without the trouble of, what is at present necessary, a long and laborious search. It was intended to have given a digest of the cases of disputed settlements that have come under the review of the Assembly, but these were found to be so numerous as to require a much larger volume than the present to make them intelligible ; the idea was therefore abandoned, but a list has been given of the cases in alphabetical order. In such an Index, referring to the Enactments and De- cisions of the Assembly for more than a century and a half, many things have probably been omitted ; but the compiler has been careful to verify his references, and hopes they will be found correct so far as they go. VI PREFACE. The Eoman numerals have been employed to denote the Acts, and the small figures the Sessions of Assembly : for example — 1847. viii., means Act viii. of Assembly 1847; and 1847. 8, means Assembly 1847, Session 8. Grateful acknowledgments are due to the late Dr Simp- son, Clerk of Assembly, and WiUiam Young, Esq., W.S., Agent for the Church, and their successors in office, for their advice and assistance, and for kindly allowing access to the documents connected with the different cases de- cided by the Assembly, without which it would, in many instances, have been impossible to state the grounds on which the decisions were given, these not being always reported in the abridgment annually appended to the printed Acts. C N T E N T S. Index to the Acts and Proceedings of the General Assembly of the Church of Scotland, . . 1 Appendix, 285 I. List of Eoyal Commissioners to the General Assembly, 285 II. Moderators of the General Assembly, . . 286 III. Principal Clerks of the General Assembly, . . 291 IV. Sub-Clerks of the General Assembly, . . . 291 V. List of Procurators and Advocates in Ordinary for the Church, 292 VI. List of Agents for the Chm-ch, . . . .292 VII. Standing Orders of the General Assembly of the Church of Scotland, 293 VIII. An Act to remove Doubts respecting the Admis- sion of Ministers to Benefices in that part of the United Kingdom called Scotland, , . 30.S ERRATUM. Page 5, line 3 from bottom, for " Edmonston " read " Cairncross. INDEX TO THE ACTS AND PROCEEDINGS OF THE ge:n"eral assembly oe the CHUECH OF SCOTLA:NrD. Aberdeen. The Presbytery of Strathbogie disjoined from the Synod of Aberdeen, and re-annexed to the Synod of Moray. 1700. iv. The Synod of Angus and Mearns disjoined from the Synod of Aberdeen. 1701. vii. Fomid nnanimonsly, wdthout debate, that the Kirk- session of Aberdeen have no right to send more than one elder to represent them, either in the Presbytery or Synod of Aberdeen. 1788. 4. Abertarflf. The Presbytery of Abertarff erected, and appointed to meet at Killiewhimin. 1724. v. Abjuration. A hmnble address and representation to Her Majesty anent the Oath of Abjuration. 1712, xvi. An Act for maintaining the unity and peace of the Church with reference to the different sentiments and prac- tices in respect of the Abjuration Oath. 1713. vi. ; 1714. viii. ; 1715. vi. Abolition. See Slavery. I A ABS — ACT Absolution. Rules to he observed in absolving persons who bave been excommunicated. Form of sentence of absolution prescribed. 1707. xi. cliap. ix. Accession. Tbe solemn engagement that His Majesty came under upon his first accession to the crown, to maintain in- violably the doctrine, worship, discipline, and government, rights and privileges, of the Church of Scotland, read and recorded. 1715. iv. Accounts. The public accounts of the Church ordered to be balanced every year on the 15th of April, audited, and reported to the Assembly, and a general abstract of the whole printed and circulated along with the Acts of Assembly. 1840. 9. A full report as to the state of the several accounts given. 1841, Appendix. See Finance. Acts. Enacted that no Act rescissory of any standing Act of the General Assembly shall be passed until such Act be first transmitted to the several presbyteries of this Church, and their general opinion had for rescinding the same. 1736. viii. Acts of Assembly. Enacted that before any Acts can be passed relating to the doctrine, worship, government, or disciplme of the Church, which are to be binding rules and constitutions of the Church, they must first l)e transmitted as overtures to the several presbyteries of the Church, and obtain the sanction of a majority of said presbyteries. 1697. ix. Anent the method of making overtures and Acts of the General Assembly. Anything of public concern and great weight, after the first reading, to lie on the table till next day, for the consideration of the members. 1700. xvi. Every minister and kirk-session enjoined to have a copy of all the printed Acts of Assembly. Presbyteries to inquire into this. 1700. xvi. The agent for the Church to transmit to every pres- bytery as many copies of the printed Acts as will serve for them and for the several parishes within their bounds, at the exj)ense of the kirk-sessions and presbyteries. Presby- teries and sessions, at their first meeting after receiving said Acts, to cause read the same. Synods to see that this Act is observed. 1705. xviii. 2 ACT Acts of Assembly. The Acts 1700, xvi., and 1705, xviii., re- commending kirk-sessions to buy tlie printed Acts of As- sembly, revived and re-enacted. 1773. vii. A copy of the prmted Acts to be sent annuaUy to the Advocates' Library ; a copy for each synod and university ; and a copy for the moderator and clerk of each presbytery. 1779. xii.; 1762, ult. Complaint from the printers to the Church, that, of 500 copies of the Acts printed yearly for twenty years j)ast, scarcely one-half were disposed of. 1744, ult. A petition from the clerk anent reprinting in a small volume all the Acts of Assembly already printed, with an abridgment and alphabetical index for the use of the Church, referred to the Commission. 1704, ult. Printing. The Assembly authorise the sum of £15 to be paid amiually to Mr Hill, in time coming, for printing the Acts of Assembly, in lieu of the £10 formerly allowed him. 1804. 8. Presbyteries recommended to send for copies of the printed Acts as soon as notice is given in the newspapers that they are ready for delivery. 1816. 7. Committee appointed to consider and report on any alterations which it may be advisable to make on the printing and publishing the Acts of Assembly, and also on the re- publishing such as are out of print. 1832. 9; 1833, ult. The Assembly authorise the procurator to pay £5 additional to Mr Waugh, for printing the Acts of Assembly 1831 ; but when the Acts do not exceed 60 pages in length, the old allowance for printing to be resumed. 1832. 9. A motion to print the Acts of the General Assembly previous to the year 1638, referred to the Commission. 1741, ult. Proposal to consolidate Acts relative to the election and admission of members of Assembly, referred to a com- mittee. 1790. 4. Report of committee rejected simpliciter. 1790, ult. Acts of Parliament. Committee appointed to excerpt the Acts of Parliament that concern the Church, and that are against profanity, that the same may be printed. Klrk- sessions recommended to procure said Acts. 1696. 6. 3 ADU — AGE Adultery. Tlie ConuQission ordained to apply to Govern- ment for the more effectual suppressing and punishing of adultery. 1706. 12. In a process for adultery, kirk-sessions are not to pro- ceed further than to deal with the parties accused to confess — which done, they are to refer the case, and send an ex- tract of their procedure thereanent to the presbytery. 1707. xi. chap. vi. 1. Advocates. The General Assembly, considering that they have a title to the assistance of all their members as judges, in all causes brought before them, enact and declare, that in time coming none who are constituent members of court shall act as counsel or procurators in any causes which shall come before the Assembly, or Commission thereof. 1751. iv. Advocates' Bar. The keeper of the advocates' bar in the Court of Session allowed a salary of four guineas per annum, in consideration of his admitting all ministers of the Church, and those concerned in the Assembly clerk's office, to enter said bar, 1749. 9. Agents. Remitted to the Commission, to prevent insults by agents in inferior judicatories. 1708. 10. A kirk-session having refused to allow a party the as- sistance of a law-agent in a process before them, the party appealed to the j^resbytery and synod, and Assembly. The Assembly, after reasoning, unanimously dismissed the ap- peal, and affirmed the judgment of the inferior judicatories (Synod of Glasgow and Ayr). 1827. 9. Agent for the Church. John Blair allowed "^50 sterling for agenting the Church's affairs, and £5 to his servant yearly." 1699. 17. Reference to the Commission to nominate one to be conjunct agent for the Church with John Blair, and to give them instructions. 1706. 14. Act declaring Nicol Spence, who was conjunct agent with the deceased John Blair, to be now sole agent for the Church. 1722. 11, Mr Robert M'Intosh appointed conjunct agent and sub-clerk with Mr Nicol Spence ; and, in the event of his surviving Mr Spence, to be sole agent and sub-clerk, 1738. 9. On the death of Mr Spence, the Assembly found, by a 4 AGE majority, that there was " a vacancy in the half of said offices;" and aj)pointed a committee to consider and report as to how it should be supplied. 1743. 5. Agent for the Church. On the report of said committee, JVlr M'Intosh having judicially resigned the haK of said offices, to which he had been foimd entitled, the Assembly appointed him and Mr John Baillie, W.S., conjunct agents for the Church, and sub-clerks to the General Assembly, with equal right to the stated salaries thereof. Mr M'Intosh to exercise the office of sub-clerk and clerk to the Eoyal Bounty, with right to the casual emoluments thereof ; and Mr Baillie to exercise the office of agent, with right to its emolmnents ; and the survivancy of both offices to be in the longest liver of the two solely. 1743. 7. Mr M'Intosh having died previous to the meeting of Assembly 1753, Mr Baillie gave in a letter to the Assembly proposing to resign the offices held by him, on condition that either Mr James Edmonston or Mr William Alston should be jomed with him in said offices, " upon the same plan that Mr M'Intosh and he were joined in these offices ;" which proposal the Assembly, by a great majority, agreed to (Professor Cumming and many others dissenting). Mr Edmonston to perform the duties and enjoy the emoluments formerly performed and enjoyed by Mr M'Intosh. 1753. 3. On the death of Mr Baillie the Assembly fomid that the sole right to the foresaid offices had devolved upon Mr James Edmonston, and he was appointed to exercise them accordingly. 1754. 3. Mr Edmonston being confined by sickness, requested the Assembly to allow Mr George Cairncross, Writer, Edin- burgh, to officiate for him, which was agreed to. 1 768. i ; 1775. 1 ; 1780, ult. Mr Edmonston having died before the meeting of Assembly 1781, the offices aforesaid were disjoined, Dr William Gloag, one of the ministers of Edinburgh, being appointed sub-clerk, and Mr George Cairncross, agent for the Church. 1781. i. Mr Edmonston being indisposed, the Assembly, at his request, appointed Mr William Murray, junior, to offi- ciate in his place. 1785. i. 5 AGE Agent for the Church. Mr Edmonston liaving resigned the office of agent for the Church, Mr William Murray was unanimously appointed to that office. 1795. 4. Mr William Murray resigns ; and he and Mr John Murray appointed joint -agents, with survivancy to the longest liver. 1809. i. On the death of Mr W^illiam Murray, Mr William Young, W.S., was appointed agent. Other two candidates were proposed — viz., Mr Harry M. Inglis, W.S., and Mr James Crawford, W.S. Before the candidates were proposed two motions were submitted as to the mode of election. The first being in effect, that in conformity with the invari- able practice of the Church, only one vote should be taken on all the candidates, and that the candidate having the greatest number of votes should be declared duly elected ; and the second being, that a vote should first be taken on all the candidates, and that the candidate having the smallest number of votes should be struck off the list ; that this process should be repeated till the number of candidates was reduced to two, when the decision of the Assembly should be taken between these two, and the candidate hav- ing the greatest number of votes to be declared duly elected. The first motion was carried by a majority of 171 to 158. It was agreed that any member might demand a scrutiny, and, with a view to this, every member's vote was marked. A committee was appointed to mquire and report what are or ought to be the duties of the several office-bearers, and also to regulate their fees and emoluments. 1831. i, andult. Mr John Beatson Bell, W.S., appointed agent, in the room of Mr William Young, deceased. 1855. 6. Agent in London. William Gordon, Esq., D.C.L., appointed permanent agent for the Church in London, to give tiraeous intimation concerning such affairs there as may concern the Church or its members. 1766, iilt. Agent in London. Mr John Spottiswood appointed Solicitor for the Church in London in room of Dr Gordon, retired from business. 1770. 6. Mr John Spottiswood appointed Solicitor for the Church in London in room of his father, deceased. 1805. 5. Agents. All persons who are constituent members of Assem- 6 ALG — ANN bly prohibited from acting as agents, counsel, or procurators in any causes which come before the Assembly or Commis- sions thereof. 1751. iv. Algiers. Money collected for the redemption of William Dowell, a Scotsman, captive in Algiers, and said to be dead, to be paid over to the Treasurer of the Christian Knowledge Society. 1738. ii. Alison, Colin. Hecommendation in favour of his book, en- titled ' The Hierarchical Bishops' Claim tried at the Scrip- ture Bar,' with a reference to the committee anent libraries in the Highlands. 1705. is. America. A committee appointed to consider a letter received from the Presbyterian Church in the United States of America, recommended that, owing to the peculiar circum- stances of the case, it would be prudent not to notice the letter further. 1839, ult. Another letter received with the highest gratification, and a committee appointed to answer it. 1842. 3. America, British. See Colonies. Anger. Indulging in a sinful excess of anger admitted as a relevant charge in a libel against a minister. 1749. Angus and Mearns. The Synod of Angus and Mearns dis- joined from the Synod of Aberdeen, and the two distinct synods appointed to meet in their usual places of meeting, according to the Act of Assembly 1638. 1701. vii. Annan. The presbyteries of Annan and Langholm erected out of certain parishes disjoined from the presbyteries of Mid- dlebie, Lochmaben, and Jedburgh. 1743. v. Annexation. A reference relating to the annexation of the parishes of Broughton, GlenhoLm, and Kilbucho, remitted to the procurator and agent, with instructions to take such steps, at the public expense, as might be necessary for ob- taining redress. 1 803. 8. Resolved to oppose the suppression and annexation of the parishes of Broughton, Glenholm, Kilbucho, and Culter, in consideration of the ample funds for the maintenance of four ministers, the extent of the parishes, and the general disinclination of the people. 1793, ult. Annuity-Tax. The Commission, without a vote, agreed to a series of resolutions strongly disapproving of an arrange- 7 APP nient proposed by a Select Committee of tlie House of Com- mons mtli reference to the annuity-tax in the city of Edin- burgh " as a confiscation of the patrimony of the Church in- consistent with the principles of an establishment, and highly injurious to the interests of religion." Com., Nov. 19, 1851. Appeals. An appeal must be taken inmiediately when the sentence appealed from is pronounced, and reasons of appeal must be given in to the court appealed from, or to the moderator or clerk thereof, within ten days, and extracts produced to the superior court, otherwise they shall be rejected. Defenders to be summoned either apud acta or by separate citation. 1694. viii. ; 1707. xi. chap. v. i. Frivolous appeals to be dismissed. If the superior court find that an appeal is unneces- sary, litigious, or malicious, they may inflict such censure upon the appellant as they deem meet. 1707, xi. chap. v. 4. An appeal sists the execution of the sentence appealed from while the case is being duly prosecuted. 1707. xi., chap. V. 10. An appeal stops the settlement of a parish by an inferior court until the appeal be decided or fallen from. 1732. v. Appeals on preliminary points do not sist procedure until the relevancy has been determined. 1835. xi. In all cases, except those which involve error in doc- trine, the presbytery, after the relevancy has been found proved, shall proceed, notwithstanding all appeals, to pre- pare the case for final judgment. 1851. ix. All appeals to the Assembly to be lodged with the clerk on or before the second or third day of the Assembly's meeting, with certification. 1718. vii. ; 1819. v. Appeals to the General Assembly, together with the record and evidence adduced, to be printed in sufl5.cient numbers — viz., 450 at least — so as to aff'ord a copy to every member of Assembly ; which printed papers shall be lodged with the agent for the Church on or before the Monday pre- ceding the meeting of Assembly, otherwise the appeal shall be held as fallen from. 1850. xiv. 17. The same method to be followed in appeals from kirk- sessions to presbyteries, and from presbyteries to synods, and from synods to the General Assembly. 1707. xi. chap. v. 9. An overture proposing that the members of the infe- 8 APP rior court from whicli an appeal is brought should not be prohibited from judging in the superior courts, was trans- mitted to presbyteries in 1730, 1741, 1754, 1771, 1772, and 1773, but not passed. Appeals. A party failing to compear at the hour of cause to insist in his appeal, the appeal was found to be deserted and fallen from, and declared null and void. 1 743, ult., and others. The Synod of Perth and Stirling censured for pro- ceeding with the settlement of the parish of Dull in the face of an appeal. 1743. 8. An overture proposing to allow presbyteries to pro- ceed -with the settlement of parishes in the face of appeals, when the opposition was small, referred to the Commission. 1759. 7. The Presbytery of Arbroath having settled a minister in the chiu'ch and parish of Arbroath in the face of an ap- peal taken to the Assembly, the Assembly waived the con- sideration of said appeal, and found that the ordination and settlement of Mr Gleig were good and valid, seeing that they had already taken place ; but that the presbytery had acted irregularly, and were subject to censure. The pres- bytery were ordered to sist themselves at the bar of next General Assembly to answer for their conduct, which they did, and w^ere severely censured for their " highly irregular and incompetent" procedure. 1789. 8; 1789. 9; 1790. 5. Appeals found to be incompetent, because the reasons of appeal were not lodged with the clerk in due time. 1790. 6; 1807. 6; 1834. 5; 1846, ult.; Com., 1839, Aug. 15. An appeal dismissed as incompetent because (in vio- lation of Act of Assembly 1639, sess. 23) it had been taken directly from the presbytery to the Assembly, and not to the intervening meeting of synod. 1807. 4. An appeal against a decision of the Presbytery of Brechin having been objected to on the ground that it had been taken directly to the General Assembly, though two meetings of the synod intervened, the Assembly, " consider- ing the peculiar circumstances of the case, agreed to waive the question how far the appeal had been correctly taken, no such objection having been stated by the respondents, and resolved to hear the case on the merits." 1833, ult. An appeal from the Presbytery of Irvine having been 9 APP objected to on tlie ground that it had been taken to the General Assembly, and not to the synod, which met six days after the judgment appealed from, the Assembly, by a majo- rity of 50 to 41, resolved to waive consideration of the point of form, and proceed to hear the appellants — Principal Lee and several others dissenting. 1845. 14. Appeals. In a case relating to the erection of a chapel of ease, the reasons of appeal had not been lodged in due time ; but the appellants having assigned a special reason for the delay, and shown that it was undesigned on their j)art, the Assembly ex gratia agreed to pass from the objection and to hear the appellants. 1826. 8. An appeal can be taken only by a party, and imme- diately after the sentence has been intimated. 1836. 9. A party having at the time acquiesced in a sentence of the synod, afterwards refused to obtemper it on the plea that he had not understood it, and on being called to account at a subsequent meeting, he appealed to the Assembly. The Assembly found that the sentence of synod not having been appealed from liad become final, and dismissed the appeal. 1839. 11. Presbytery in prosecuting a cause not to be sisted in their procedure by intermediate complaints and appeals, but not to pronounce final judgment until such complaints and appeals have been fallen from or determined. 1829. 6. A member of an inferior court, not being a party, can- not appeal from any sentence of that court to a superior judicatory, but may enter his dissent and protest for leave to complain. 1738, ult. In an appeal against a sentence of the Synod of Angus and Meams, the Assembly found that the synod had taken up the case upon the appeal of certain members of presby- tery, who, not being parties, had no right to appeal, and that consequently the sentence of the synod was incompetent. 1812. 9. A member of synod having appealed against a sentence which, as he alleged, affected his character, and the synod having refused to enter his appeal on the record, he brought the case before the Assembly by a petition. The Assembly referred the case to the Commission, who dismissed the peti- 10 APP — ASS tion as incompetent, on the ground that the petitioner should have come before them by a dissent and complaint. Com., Jime 3, 1845. Appeals. Not competent to appeal from a presbytery to a supe- rior Church court, in cases relating to manses, glebes, and churchyard walls, &c. 1826. 7. Not competent for a presbytery to receive an appeal when obtempering an appointment of synod. 1849. 8. A party protested against a sentence of a presbytery, but did not add that it was for " leave to appeal." Reasons of appeal, however, were given in in due time ; but the presbytery refused them on the ground that, as no appeal had been taken at the proper time, no reasons of appeal could afterwards be received. He brought the case before the Assembly by petition. The Assembly found that, as no competent appeal had been taken at the time when the sen- tence complained of w^as intimated, said sentence had become final. They accordingly dismissed the petition, but dis- approved of the conduct of the presbytery. 1837. 6. Argyle. The Synod of Argyle authorised to meet alter- nately at Lochgilphead and Inveraray on the first "Wednesday of September annually. 1842. xxiii. The Synod of Argyle authorised to meet at Inveraray on the first Wednesday of September annually. 1846. xv. Arminianism. The General Assembly discharges the vent- ing any Arminian or Socinian errors, and ordains the re- spective Judicatories of the Church to advert to any who shall teach or vent such errors, and to proceed to censure them therefor, as shall be found just and requisite. 1704. xii. Army. Ministers and kirk-sessions, where any of His Majesty's forces are quartered, enjoined to provide them with con- venient seats for hearing the Word, and to inspect and notice them as they do other parishioners ; and the Commis- sion instructed to fall upon all expedient ways convenient for them, how the said forces may be provided with preach- ers, and, upon application, to settle ministers in regiments belonging to this kingdom. 1697. xiii. Assembly, General. Act concerning the better attendance of members. Absentees to be reported to their presbyteries by the clerk. For the first fault to be censured by their 11 ASS presbytery ; for the second "by tlie synod ; and for tlie tliird to be suspended conform to Act 1647, nit. 1709. vii. Assembly. Act for the better despatchmg the business of the Assembly. All references, complaints, and appeals to be lodged \\dth the clerk on or before the second or third day of the Assembly meeting. 1718. vii. Foregoing act renewed, and additional regulations made. Papers connected with every private cause to be on the table on or before the first Saturday of the Assembly. Committee on Bills to meet on preceding Thursday, also on Friday evening, and again on Saturday morning. Appeals, references, and complaints not presented at or before the thiixl -meeting to be held as deserted or fallen from. This Act to be read on the first day of the meeting of every Assembly, and a copy thereof to be sent to every presby- tery. 1819. V. See Standing Orders, 1859. Act reaulating the election of members. Act v. '^S 1694, Act vi. 1698, and Act vi. 1704 renewed. Presby- teries enjoined to choose such persons as probably can attend. No commission to an elder to be sustained unless it bear that he has signed the Formula. Commissions, after they are written out, to be read and attested by the presby- tery. Commissions from royal burghs to be attested both by kirk -session and presbytery. The time limited for choosing commissioners from presbyteries and burghs to be the same. 1718. ix.7; 1836. 8; 1790-4, ult. See Com- missions TO Assembly. Assembly Accommodation. Committee appointed to con- sider the proper means for the accommodation of the mem- bers of Assembly. 1801. 8. Act respecting the arrangement of the Assembly House for the proper accommodation of the members, strangers, students of divinity, preachers, ministers not members, &c. 1802. iii. Committee appointed to communicate with the Lord Provost concerning the state' of the Assembly . House, and the repairs necessary. 1811, ult. Committee appointed to look after the interests of the Assembly in the accommodation to be provided as an Assembly House. 1819. 9. 12 ASS Assembly Accommodation. Committee appointed to con- sider the means of providing better accommodation. 1785. 9; 1821. 8. Committee empowered to apply to Government for a grant of money for completing the accommodation, plans of which had been approved by the Barons of Exchequer. 1828. 6. The Assembly aisle having proved unsnitable, a com- mittee appointed to apply to Government with a view to obtain a convenient and respectable place of permanent accommodation. 1834, ult. The Assembly disapprove of the Castle Hill as a site for the proposed new Assembly Hall. 1 839. 7 ; Com., 1 839, Nov. 20. The Assembly acceded to the proposal made for erect- ing and fitting up a new Assembly Hall on the Castle Hill, on condition that their suggestions in regard to the size and internal arrangements were carried into execution. 1840. 3. Assembly meet for the first time in the new Assembly Hall. 1844. 1. Eesolved that all applications for admission into the body of the house from distinguished strangers shall be made to the committee for providing accommodation to the General Asseml)ly, who shall confer with the Moderator on the subject. 1839. 3. Assembly, Business of. A motion that a committee be ap- pointed for arranging the business before the House, and the order in which it should be taken up, was, after discussion, withdrawn. 1834. i. In the following year a committee was appointed for said purpose, Dr Cook, who had for many years ex- clusively arranged the business of the Assembly, having expressed his conviction of the impropriety of laying on any one individual the burden and responsibility of so important a task. 1835. i. Wlien a certain order of business has been sanctioned by the Assembly, no departure therefrom to be permitted. In cases of adjourned debates and dropped overtures, the order of the day to have precedence. 1853. ii. Causes affecting the status of ministers to be taken up first, after readmg the minutes, in such order as shall be fixed by the committee of business. 13 ASS Assembly, Business of. Committee appointed to consider and suggest the fittest method for having the roll of business printed and circulated among the members daily. 1852. 6. Arrangement in regard to the order in which the reports of the various schemes of the Church shall be taken up. 1852. viii. Said arrangement modified. 1853. ii. See Standing Orders, 1859. Assembly Committees. Committees to take the greatest care not to encroach, even for the shortest space, on the hours when the Assembly is convened. Officers of the House to give notice to all committees whenever the Mo- derator is about to take the chair. 1 846. ix. A separate record to be kept of the appointment of committees, and of the purpose of their appointment. A List to be prepared therefrom at the commencement of every Assembly of the committees from which reports are due ; and, on the first Saturday of every Assembly, 'a time to be fixed for receiving the report of each committee. 1829, ult. Members of a committee appointed to investigate a charge against a minister, admitted to sit as judges when the case came before the Assembly. 1717. 5. Assembly Committee of Whole House. In the absence of the Lord High Commissioner from indisposition or other- wise, it was for some time the practice of the Assembly to resolve themselves into a committee of the whole House, and proceed with the business before them. At their next meeting, the Assembly called for the report of the commit- tee, which was given in and read. For examples, see 1738. 6; 1768. 9; 1786. 5; 1789. 5; 1825. 6; and many others. Assembly Galleries Cleared. The galleries ordered to be cleared on accomit of a noise during a debate, and all the strangers turned out except the ladies. 1801. 8. Assembly Causes. A brief report of the more imj^ortant causes decided by the Assembly ordered to be printed annually along with the Acts. 1825. 3. Assembly Devotional Exercises. Resolved that the meet- ings of the Assembly be constituted each morning by the singing of praise and the reading of the Word of God in addition to the usual exercises of prayer, 1842. 3. The Assembly resolved to meet for devotional exer- 14 ASS cises in St Andrew's Churcli in the Sabbath evenings during the sitting of the Assembly. 1844. 2. Assembly Sabbath State Ceremonies. The Moderator hav- ing requested a conference with the Lord High Commissioner in regard to the evils resulting from the observance of certain state ceremonies on the Sabbath-day, His Grace intimated that he had brought the matter under the notice of His Ma- jesty, who had been graciously pleased to approve of the dis- continuance of the public dinners on the Lord's Day, and to leave it to His Grace to make such arrangements on the other subjects as might appear to him expedient, and most in accordance with the wishes of the Assembly. 1834. 4. Assembly ; Right of Admission. Declared that the public have a right of admission to the public gallery of the Assem- bly without charge ; and that the beadle at the door of that gallery be immediately instructed that, in the opinion of the Asseml)ly, he has no right to make such exaction. 1853, ult. Assembly: Anent Time of Annual Meeting. A com- mittee appointed to consult Her Majesty's High Commis- sioner, and endeavour to learn the views of members from all parts of the country as to the best time for the annual meetings of the Assembly. 1848. 9. The committee reported that they were not prepared to recommend any change, either in regard to the season of the year in which the,' Assembly should be held, or the day of the week on which its sittings should conunence. 1850. 14. Assembly. All papers and processes to be delivered to the clerk in the interval between the diets, and not while the Assembly is sitting. 1694. vii. The Register, and all papers belonging to the Assembly or its Commission, to be given up to the clerk. 1701. 21. Two authentic copies of the Register to be kept for the better preservation thereof. 1703. xi. ; 1799. ix. The year appointed to be marked at the top of eacli page of the records. 1753. 8. Assembly Attendance. No one to enter the Assembly House except members, persons of quality and note, and others in attendance on Her Majesty's Commissioner, ministers, ruling elders, probationers, and students of divinity. 1711. 3. Assembly Attendance. Act for keeping order in the Assem- 15 ASS bly, and hindering persons from coming in who are not con- cerned to be there. 1718. 2. ; 1723, nit. ; 1724, nit. ; 1727. 19 Assembly Sentences. Referred to the Commission to con- sider a method for securing the execution of sentences of the Assembly" and its Commissions. 1750, nit. Presbytery of Linlithgow censured for not implement- ing a sentence and order of the Assembly. 1751. 6. Presbytery of Perth censured for a similar offence in the Methven case. 1750. 6. Assembly Royal Commissioner. Anent the right of the Church to hold valid national assemblies, without the presence of the Sovereign or his Commissioner. The King's commission to the Earl of Leven not having arrived on the day fixed for the meeting of the Assembly, the Assembly met, chose a moderator, appointed the usual committees, and adjourned for a week, until the arrival of the Commissioner. 1746. 3 and 4. For a List of High Commissioners, see Appendix. Assembly Vote. Tlie Assembly unanimously ordered that, before the clerk begin to call the roll, the doors of the Assembly House shall be shut, and not be opened until the judgment of the Assembly shall be declared. 1789. 8. Assembly Beadles. A collection made in the Assembly for the beadles, and referred to the Commission anent a suitable allowance to them. 1710. 9. Assistant-Minister. A minister being laid aside from duty by indisposition, the Assembly found that the presbytery were not at liberty to appoint a substitute or assistant until a vacancy occurred ; and in the event of the continued in- disposition of the minister rendering it necessary to make provision for the regular administration of ordinances, the presbytery were enjoined to proceed according to the rules of the Church. 1808. 4. In a case regarding the appointment of an assistant, the Commission, finding that no adequate supply had been provided by the incumbent for the discharge of ministerial duty, empowered the presbytery, so long as he failed to pro- vide the services of a resident assistant, themselves to do so, by the aid of such contributions as they might be able to raise. Com,, June 2, 1842. 16 ASS Assistant -Minister. On a reference from the Presbytery of Arbroath, the Commission recommended them to take the opinion of counsel as to whether the assistant-minister of Arbroath, in the event of his being admitted to the position of a colleague minister, with a seat in the Church courts, would still be entitled to the benefit of the mortification mentioned in the reference. Com., Nov. 16, 1842. Assistant. A minister being incapacitated for the discharge of his duties, the presbytery ordained an assistant with power to hold sessions and exercise discijoline ; and there being no elders in the parish, the assistant announced the names of certain persons to the congregation, and no objections being ofl'ered he ordained said persons elders, and admitted them members of that kirk-session. The Assembly on a reference found that, as it appeared from the minutes and official documents produced that the persons specified as elders in the reference had not been ordained according to the rules and laws of the Church, their ordination was null and void. 1827. 6. Assistant and Successor. An overture and interim Act was transmitted to presbyteries for four successive years, but not passed into a standing law, by which it was pro- posed that a minister and his ordained assistant and suc- cessor should both be constituent members of kirk-session ; that in the presbytery and synod either of them w^ho was present might deliberate and vote, but if both were present this privilege to belong only to the parish minister ; and that either of them might be elected a member of the General Assembly, but not both in one year. 1784. vii. ; 1787. ix. An overture anent the right and power of ordained assistants and successors advising, voting, and determining in causes coming before presbyteries and synods, read and re- ferred to the Commission. 1759. 7. An overture to the effect that an ordained assistant and successor ought not to sit as an elder in a kirk-session, nor summon meetings of session, nor preside therein, was trans- mitted to presbyteries, but not passed. 1806. v. A synod having found that an ordained assistant and successor was a constituent member of the kirk-session, 17 B ASS the Assembly reversed the judgment, and found that an assistant and successor is not a constituent member of kirk - session, except in the absence of his principal. 1806. 8. Assistant and Successor, An assistant and successor and his principal cannot both be members of presbytery at the same time. The assistant and successor may act in presence of his principal, but cannot act along with him. 1833. 4. Declared to be not contrary to the principles and practice of the Church of Scotland to elect an assistant and successor a commissioner to the General Assembly, in the presence of his principal, whose name was entered on the sederunt when the election took place. 1834. 4. An assistant and successor, as moderator of presbytery, attested the commissions from the presbytery to the General Assembly, w^hen a complaint was taken against the attesta- tion, on the ground that it was not competent for him to act as moderator in presence of his principal. The question came before the Assembly as to the validity of the com- missions, which were sustained, on the ground that they were in themselves formal and regular, and that the mere presence of the principal did not incapacitate the assistant and successor from acting, unless the principal made a for- mal demand to be received as a member of court, and to have the name of the assistant and successor struck out of the sedermit, wliich, in the case before the House, it did not appear from the mmutes that he had done. 1833. 3 and 4. A motion for a committee to inquire into the status of assistants and successors rejected as unnecessary, the law on the subject being already as clear as it was jDossible to make it. 1834. 8. A minister having, from infirmity of body and imbe- cility of mind, for several years been incajDable of discharg- ing the pastoral duties of his parish, and there being no pro- spect of his recovery, the presbytery, at the request of the heritors and elders, agreed to sustain a presentation in favour of an assistant and successor. Their judgment was brought under review of the Assembly on the ground that the con- sent of the incumbent had not been obtained. The As- sembly affirmed the judgment of the presbytery, and in- 18 ASS — AUG structed tliem to proceed to the settlement of an assistant and successor — declaring, however, that in the circumstances of the case no part of the stipend nor any of the emoluments could be allocated for his maintenance ; and that if it should please God to restore the incumbent to the sound exercise of his judgment, it would then instantly become incompetent for the assistant and successor to discharge any part of the pastoral duties of the parish, or to sit and vote in any Church court, without the explicit consent of the incumbent. 1813. 5. Assistant and Successor. A civil action pending as to the right of a town-council to appoint an assistant and succes- sor, the Assembly instructed the presbytery to proceed ac- cording to the rules of the Church, but not to complete the settlement till the decision of the civil court should be pro- nounced. 1830. 7. • A minister under a fama was enjoined by the presby- tery and synod to consent to the appointment of an assistant and successor on certain conditions. The Assembly, on appeal, reversed the sentence of the inferior courts, and directed the presbytery to investigate the charges against the minister according to the rules of the Church. 1839. ii. Note. — For a clear and comprehensive summary of the law and practice of the Church in regard to assistants and succes- sors, see Lord Moncreiff's Note on the Trou Church case, December 24, 1831 ; see also the speeches of Dr Cook and Mr Dunlop on the Dunoon case. Assembly 1834, sessions 3 and 4. Atheism. Ministers enjoined to warn and guard their people against the atheistical principles of those who go under the name of Deists. 1696. xxi. Attendance of Members of Assembly. Commissioners not attending to be reported to their presbyteries — and for the first offence to be censured by the presbytery ; for the second, by the synod ; and for the third, to be suspended. 1709. vii. Attestation. See Commissions. Auchterarder. The Presbytery of Auchterarder censured for a certain proposition emitted by them, which, however orthodox in intention, was expressed in words very unwar- rantable and exceptionable. 1718. viii 19 AUG — BAN Augmentation. An overture to apply to the Legislature for an augmentation of stipend to the ministers of the Church of Scotland, rejected by the casting-vote of the Moderator. 1748. 6. Committee appointed with instructions to apply to Parliament for an augmentation of stipends — to get an ac- count of the annual value of all the stipends in Scotland — how and by whom paid — the extent of glebes and the state of the tithes — and all other funds that may be applied for augmenting of stipends. 1749. 7. Report of said Committee. The Assembly resolve to apply to Parliament. Committee appointed for that pur- pose. 1750. 4, 7, 10. Report of Commissioners sent to London. 1752. 4. See Stipends. B Banning. Swearing and cursing found relevant as charges in a libeL 1746. 6. Banns. Proclamation of banns to be made on three separate Sabbaths, immediately before divine worship in the fore- noon, the names of the parties having previously been given up to the minister of the parish. 1690. vii. ; 1699. v. The precentors in the chiirches in Dundee enjoined to observe Act v. 1699. 1760. 9. Session-clerk prohibited from proclaiming parties until he has intimated to the minister of the parish the names and residences of the parties. In case of a vacancy in the clerk- ship, this intimation to be made by two elders. 1784. viii. Ministers enjoined not to marry parties residing in newly-erected parishes quoad sacra, without a certificate of their having been proclaimed in the church to which such parish shall have been attached. 1836, ult. Proclamations to be made both in the church of the quoad sacra parish and of the original parish. Com., May 28, 1839. Session-clerks advised and authorised to resume the practice with respect to the proclamation of banns which prevailed previous to 1836. Com., May 30, 1843. 20 BAN — BAR Banns. Keport of a committee in regard to the proclamation of banns in New Zealand remitted to the Colonial Committee, with powers to remedy the grievances complained of. 1854. 2. Regulations enjoined. Ministers prohibited from marrying any parties -without a certificate from session-clerk that they have been regularly proclaimed. If they reside in different parishes, they must be proclaimed in both. Not to be considered as residenters until they have resided six weeks within the parish. No session-clerk to grant a certificate of proclamation unless he can certify that the parties are residenters, that they are unmarried, and not within the forbidden degrees of consanguinity. A form of certificate prescribed. 1782, uJt. Baptism. Children of parents one or both of whom profess the Christian religion, have a right to be baptised. No other sponsors to be admitted unless the parents are dead, or absent, or grossly ignorant, or under scandal — in -s\'hich case some one related to the child to be sponsor. Kirk- sessions to get foundlings or exposed children baptised and educated. Parents or sponsors to speak to tlie minister before baptism. 1712. iv. The administration of baptism in private — that is, in any place or at any time when the congregation is not orderly called together to wait on the dispensing of the Word — strictly discharged and prohibited. 1690. x. Ministers reconunended to show all tenderness to per- sons educated in other Protestant Churches when they apply for the benefit of sealing ordinances. If free from scandal, their children are to be ba]Dtised. 1711. xiii. Barbary. The Commission instructed to do what in them lies for relief of Alexander Stewart, shipmaster, and his crew, captives in Barbary. 1720. 10. Barrier Act. Overture anent novations transmitted to pres- byteries. 1696. xi. Passed into a standing law — commonly called the Barrier Act — by which it is enacted and declared that be- fore the General Assembly pass any Acts to be binding rules and constitutions of the Church, they must first be trans- mitted as overtures to the presbyteries for their considera- tion and consent. 1697. ix. 21 BAE Barrier Act. Act vii. Assembly 1730, and Act viii. 1732, re- pealed, as having been passed in violation of the Barrier Act. 1734. V. All Acts rescissory to be transmitted as overtures in terms of the Barrier Act. 1736. viii. An Act having been passed by the Assembly in 1752 (Act^di.), entitled " An Act concerning- Presbyteries neglect- ing to send up their opinions npon overtures transmitted to them," it was, in consequence of remonstrances, transmitted as an overture by the Assembly of 1753, and re-enacted in 1758 with the consent of a majority of the presbyteries of the Church, to the effect that when overtures have been twice transmitted, the General Assembly will, without fur- ther transmission, take them into consideration, and pass them into Acts or reject them as they shall see cause, although presbyteries have not sent up their opinions. 1758. V. The Assembly of 1745 ha^nng enacted that the Rules of the Form of Process, chap, vii., with respect to informa- tions against ministers, should be made applicable to pro- bationers, the Assembly of 1746 found that this had been done in violation of the Barrier Act, and transmitted the proposal as an overture to presbyteries. 1746. xi. Declaration of Assembly 1814, anent the union of offices, declared to have been passed in violation of the Barrier Act, and not to be regarded as a standing law, nor binding upon the Church. A new overture and interim Act for preventing the improper imion of offices, transmitted to presbyteries. 1816. 6. The Comndttee for classing returns to overtures having reported that twenty presbyteries had reported that year in favour of a particular overture, and twenty-three in former years, making in all a majority of one approving, the As- sembly found that " in respect there are not this year re- turns from a majority of the presbyteries of the Church approving of the overture, the necessary consent of the Church has not been obtained," and therefore directed said overture to be retransmitted. 1849. 9. Note. — For a full exposition of the nature and effects of the Barrier Act, see the debate on the subject in Assembly 22 BEA — BIB 1816, particularly the speech of Dr Cook. See also debate on the Regulations anent calling of Ministers, Assembly 1834. 10 ; and the debate on the Act as to Chapels of Ease, Assembly 1835, 6. Beadles. A minister carr3n.ng on a process before the Court of Session regarding the right of a minister to dismiss his beadle, applied for aid from the funds of the Church to assist in defraying the expense of the process — the Assembly found that "their funds are in such a state that no aid can be given." 1809. 9, Beggars. Presbyteries enjoined to apply to justices of the peace to put the laws in execution against vagrants and beggars, and provide work and maintenance for them. 1711. xi. Ministers and kirk-sessions, presbyteries and synods, recommended to see that the laws against vagrant and sturdy beggars are put in vigorous execution, and not to give recom- mendations for charity (^. e., passes for begging) to any with- out their own bounds. 1724. vii. ; 1696. xix. Bells. The Assembly found and declared that " the j^ower of regulating the tune and manner of ringing the bells of the parish church, as connected with ecclesiastical and religious purposes, belongs exclusively to the minister of the parish," and remitted to a committee to take such steps as might be considered proper for vindicating the rights of the Church. 1818. 6 ; 1823. 5. The Assembly found that the conduct of a bellman, in refusing to ring the l)ell when expressly desired to do so by the parish minister, was highly reprehensible, and instructed the procurator and agent to give advice, if applied to, to the kirk-session for preserving the rights of the Church. 1823. 5. Bibles. 3000 Irish or Gaelic Bibles, 1000 New Testaments, and 3000 Catechisms, sent down from London, 'and distributed among the Highland parishes. 1690. xi. Presbyteries having Highland parishes to consider what may be clone for getting a fund for a new impression of the Bible in the Irish language, and of the Psalms in metre, and of the Shorter Catechism. 1699. xvi. Keference to the Commission anent do. 1709. 12; 1710. 14. 23 BIB Bibles. Said Act of 1699 renewed, and the Commission in- structed to make inquiry anent the Irish Bibles. 1705. 12. Presbyteries to report to the Commission anent the receipt of their proportion of the Irish Bibles, and how they disposed of them. 1706. xviii. The Commission to require a full account from the committee concerning the Irish Bibles, and from the agent anent the ^120 sterling gifted by the Queen; the balance remaining to be a fund for promoting a new impression of said Bible. 1706, ult. The Commission instructed to use their best endeav- ours to procure more copies of the Bible in the Irish lan- guage, because there are demands for them in several places of the Highlands. 1715. 12. The Conmiission appointed to take care that the im- pressions of the Holy Scriptures, of the Confession of Faith, and Catechisms, and of all other books relating to the doc- trine, worship, discipline, and government of the Church, be correct. 1718. is. A standing committee appointed to consider the means that have been employed for procuring the best version of the Sacred Scriptures in Gaelic, and whether any further means can be used for rendering it more perfect. Mean- while the Assembly prohibits the use of any other Gaelic version of the Scriptures in churches, chapels, and schools, than the editions published by the Society for Propagating Christian Knowledge. 1816. vi. The quarto edition of the Gaelic Bible, with the Psalms and Paraphrases attached, published by said Society, and no other, authorised to be used in the churches and ( chapels within the bounds of the Church, where j)iiblic worship is conducted in Gaelic. 1826. iv. The thanks of the Assembly conveyed to Mr Kerr, the King's printer, for his strenuous exertions that copies of the Bible should be correctly printed and furnished at the most moderate rate. 1794, ult. Biblical Criticism. All practical efforts to be used for the establishment and endowment of a professorship of Biblical Criticism, in every one of the universities of Scotland ; and after such chairs are established, all divinity students to be 24 BIB — BLI required to give regular attendance on the lectures of the professor during two years of their course, without additional expense. 1839. ix. Biblical Criticism. Preachers nominated professors of Bibli- cal Criticism to be taken on trials by the presbytery of the bounds, and if found qualified, to be ordained previous to their induction as professors. 1838. xii. Bigamy. A man who had married a woman in ignorance that she had a previous husband then alive, applied for baptism to a child born to him by her. The Assembly found that the said man, at the birth of his child, was in possession of his status of husband to the said woman, and legal father of said cliild, and did not discover anything in his conduct to deprive him of the Christian privilege of standing sponsor in baptism for the child, and remitted to the kii-k-session to admit him as sponsor accordingly. 1803, 6. In the case of a woman cohabiting with a man to whom it was alleged she had been married before a quorum of justices, while another man, to whom she had been lawfully married, was still alive, the Assembly instructed the procu- rator and agent to lay the reference, and all the circum- stances of the case, before the Lord Advocate, for his advice. Further, they prohibited the cohabitation of said parties, and appointed them to be laid under the severest censures of the Church. 1805. 9. Bills. A committee of bills to be appointed at the first sitting of the Assembly, whose duty shall be to consider the regu- larity of the different proposals in jjoint of form, but not to determine whether they are worthy of the notice of the Assembly. 1850. xiv.; 1859. xii. Blair. A deputation of the Assembly appointed to attend the funeral of Lord President Blair. 1811, ult. His opinion as to the laws anent Sabbath profanation. 1823. X. Blind Students. Ordained that, before any presbytery or synod take a blind man on trials for licence, they shall first consult the General Assembly. 1761. vi. A student afiiicted with blindness allowed to be taken on trials for licence, in consideration of the very ample testi- monials borne to his character and talents. 1815. 5. 25 BLI — BOO Blind Students. Leave refused to tlie Presbytery of Mull, "by a very great majority of the Assembly," to take a blind student on trial for licence. 1829. 9. Blind. Mr John Alston, in name of the directors of the Glas- gow Asylum for the Blind, presented to the library of the Assembly a copy of the New Testament, printed in embossed Eoman characters, for the use of the blind. 1838. 2. • Do. do. The Book of Genesis and the Psalms in metre. 1839. 2. Do. do. The Shorter Catechism. 1840. 8. Do. do. The Bible, complete in 15 volimies. 1841. 2. Bona fide. See Elders. Books. Presbyteries enjoined to take special notice of books published by ministers, and to see that they contain nothing contrary to the doctrine or discipline of the Church. 1707. vii. Some passages out of a book, entitled ' The Marrow of Modern Divinity,' declared contrary to Holy Scripture and the Confession of Faith. 1720. v. Tlie Act Assembly 1720. v., vindicated and confirmed ; certain ministers who had censured it rebuked and admon- ished ; and the received doctrine of the Church on the points referred to in said book, declared. 1722. vii. Ministers earnestly recommended to preserve their flocks from the contagion of infidelity and immorality openly avowed in certain books recently published. 1755. iv. The Commission of Assembly instructed to take care that the impressions of the Holy Scriptures, Confession of Paith, and Catechisms, and other books relating to the doc- trine, discipline, and government of this Church, be correct. 1720. xi. The Commission instructed to apply to Government for discharging the importing or printing for common sale any atheistical or blasphemous books or pamphlets, or such as contain tenets contrary to the fundamental principles of our religion contained in our Confession of Faith ; or incorrect copies of the Holy Scriptures. 1706. 12. Kirk-sessions recommended to buy copies of the book entitled ^ Collections and Observations Methodised concern- ing the Doctrine, Worship, Discipline, and Government of this Church.' 1709. 11. 26 BOO — BRO Books. A book written by the late Mr Gilbert Rule, Princii^al of the College of Edinburgh, entitled 'Catechetical Exer- cises,' recommended. 1709. 14. Mr Thomas Blackwell's ^Methodus Evangelica' dedi- cated to the Assembly. 1712. 9. Bourignionism. A book entitled ' An Apology for M. Antonia Bourignion ' condemned as containing a mass of dangerous, impious, blasphemous, and damnable errors. 1701. x. Dr George Garden of Aberdeen deposed for being tainted with said errors. 1701. xi. Presbyteries earnestly recommended to use all effectual means to prevent the spreading of these and other errors. 1709. xii. Ministers ordained to preach most particularly and faithfully against said errors ; and professors of divinity recommended to make a full collection of the errors of An- tonia Bourignion, and of such other errors as do reflect upon the nature, person, and offices of our Lord Jesus Christ, and to write a confutation of the same. 1710. ix. Breslau. A general collection ordered for building and endow- ing a church and school for the Protestants of Breslau, the capital of Selesia. 1750. 9. Bridals. Ordained that the Act of Assembly 1645 against penny bridals be read in all the churches and enforced ; and that presbyteries have their thoughts upon what further may be necessary for suppressing and preventing abuses at such occasions. 1701. xx. Presbyteries recommended to apply to the judges for putting the laws relating to penny bridals in execution. 1706. 14 ; 1719. x. Bridge. A collection recommended to be made in all the churches within the bounds of the synods between the Moray Firth and the River Tay in aid of the funds for rebuilding a bridge over the river Dee. 1806. 5. Earnestly recommended to all the parishes within the Synods of Fife, Perth, and Angus, to make a collection for building a bridge over the water that separates Lochlee from Navar. 1723. ii. Broughton, &c. Resolved to oppose the suppression and annexation of the parishes of Broughton, Glenholm, Kil- 27 BEO — BUR bucho, and Ciilter, on consideration of the ample funds for the maintenance of four ministers, the extent of the parishes, and the general disinclination of the people. 1793, ult. Broughton, &C. The case remitted to the procurator and agent, with instructions to take such steps at the j)nblic expense as may be necessary to obtain redress. 1803. 8. Brown. Ordered that Brown's ' History of the Church,' be- longing to the Assembly, and lodged in' the University of Edinburgh, be put into the clerk's hands. 1737. 8. Buenos Ayres. The Eev. Dr William Brown from Buenos Ayres, with permission of the General Assembly, gave an interesting account of the state of the Presbyterian Church there. 1850. 4. Burghs. Any city or town in which there are more congrega- gations than one, to be held as one parish in so far as the Act anent the ordination of elders is concerned. 1816. x. Found that the Presbytery of Dundee had acted con- trary to the laws of the Church in prohibiting the Kirk- session of Dundee from appointing elders from among the members of their own congregation, although residing beyond the limits of the parishes respectively. Com., June 1, 1841. A committee appointed to consider the claims of the new parliamentary burghs to be represented in the General Assembly. 1834. 9. A proposal that certain new parliamentary burghs should be allowed to send representative elders to the General Assembly, negatived by a majority of 120 to 99. 1836. 7. A motion having been made to the effect, that if the council of any burgh failed to elect an elder to the General Assembly before a certain specified day, it should be com- petent for the kirk-session or sessions within the said burgh, together with such members of the town-council as are members of the Church of Scotland, to meet and elect an elder to represent the said burgh in the General Assembly, — the Assembly approved of the general object, but consider- ing that the instances of royal burghs declming to return members were very few, and in the hope that even in these cases a different view may be taken of the subject, they resolved to delay adopting any positive measure in regard to it. 1836. 7. 28 BUR Burghs. A committee appointed to consider the right of royal burghs, as at present constituted, to elect representatives to the General Assembly. 1S45. 3. The Presbytery of Perth having declined jurisdiction over a body called the General Session of the Burgh (com- posed of all the j)arish ministers and elders of said burgh), on the ground that it was not an ecclesiastical judicatory, the Assembly, on appeal, affirmed the judgment of the Pres- bytery. 1852. 4. See Commissions. Bursars. Presbyteries enjoined to be careful to keep and maintain bursars of theology, conform to the ancient prac- tice and the Acts of former Assemblies made thereanent. 1694. xvii. Certain presbyteries enjoined to maintain bursars who have the Highland language, if they can be had. 1699. ix. In consideration of the great scarcity of probationers having the Irish language, the Assembly recommend synods to maintain bursars of theology besides the usual presbytery bursars, allowing at least ^10 sterling to each annually, to be continued for four years. 1701. viii. Act viii.. Assembly 1701, renewed, and appointed to be observed until the General Assembly see cause to recall the same. 1704. xiii. An Act explanatory of the foresaid Acts. 1705. xi. An Act enjoining inquiry to be made as to how the various Acts anent bursars were observed. 1707. xiv. Act anent defaulting presbyteries and synods. 1709. XIV. One half of the whole bursaries of all the presbyteries within Scotland to be applied for the education of such youths as have the Irish language — the respective synods to have the choice and presentation of said Irish bursars. 1710. X. Bursaries under ^10 to be united. Presbyteries to examine bursars at least once every year, and to be punctual in paying them. 1712. xii. Bursaries to be withdrawni from students found un- worthy of the encouragement, and conferred on those having the qualifications required by the Acts of Assembly. 1714. 7. 29 BUR — BUS Bursars. Fonuer Acts renewed, and ordered to be observed. 1715. vii. Highland bursars to be examined upon their knowledge in the Irish language. 1717. 7. The proceeds of four Higliland bursaries provided by the Synod of Lothian and Tweeddale, to be appropriated for the maintenance of tT\'o Lithuanian students, to be edu- cated in the University of Eduiburgh. 1722. v. The Assembly, considering the multitude of proba- tioners in the Church, superseded the obligation upon synods and presbyteries to maintain as bursars students in divinity. 1737. vii. The Assembly, considering the great scarcity of preachers and students in divinity having the Irish lan- guage, ordained that the former laudable practice of giving bursaries to such students should be revived ; and earnestly recommended every minister of the Church to pay to the clerk of his presbytery 3s. annually for that purpose. 1756. vii. The Commission instructed to rejDort on all the bur- saries in Scotland. 1719, ult. Business. Resolved that all affairs of public concern be taken up as they can be got prepared, preferable to any private cause. 1748. 3. A committee appomted to draw up rules for regulating the method of procedure in causes before the General Assem- bly, and for this purpose to look over the standing Acts respecting this matter. 1752. 7; 1764. 9. A proposal made that the Assembly should itself judge in all cases of importance, and not refer them to the Com- mission. 1765. 5. A roll of the private causes, showing the order in which they should be brought before the Assembly, ordered to be made up and afiixed upon the doors of the Assembly aisle. 1768. 3 and 4. A motion that a committee be appointed for arrang- ing the business before the House, and suggesting the order in which it should be taken up, wag, after discussion, with- drawn; Assembly 1834. i. But in the following year a committee was appointed for that purpose — Dr Cook, who 30 BUS — CAL had for many years arranged tlie business of the Assembly, having expressed his conviction of the impropriety of laying on any one individual the burden and responsibility of so important a task. 1835. i. Business. Rolls of the order of causes, overtures, reports, and other matters of business, ordered to be printed for the use of the members of Assembly. 1832. vi. Committee to be named for arranging the order of the business of the Assembly. 1850. xiv. ; 1859. xii. See Assembly. Bute. The Assembly unanimously resolved to engross in their minutes a tribute to the memory of the most noble the Mar- quess of Bute, and to record the warm and grateful affection with which they are persuaded the Church of Scotland will ever cherish and regard his memory. 1848, ult. Cairston. An Act erecting the Presbytery of Cairston. 1725. v. Caithness. The presbyteries of Orkney and Shetland and Caithness erected into the Synod of Orkney. 1704. iv. The Presbytery of Caithness disjoined from the Synod of Caithness and Orkney, and annexed to the Synod of Ross. 1725. vi. The presbyteries of Dornoch, Caithness, and Tongue, erected into the Synod of Caithness, to meet at Dornoch and Thurso per vices. 1726. iv. A commission appointed for visiting Caithness, Orkney, and Shetland, for the purpose of assisting the brethren of said presbyteries in their presbyterial work. 1700. xiii. Calendar. Ordained that, in respect of a late Act of Parlia- ment changing the calendar, synods, which usually meet on the first Tuesday of April or October, shall meet on the second Tuesday of those months, according to the new style ; and so of the rest, advancing a week in the denomination of the days. 1752. viii. A petition from the Synod of Lothian and Tweeddale anent the inconveniences which have arisen since the change of style, from the uncertainty of the tune of payment of 31 CAL minister's stipend, referred to a committee to prepare an overture thereon. 1760. 6. Call. Presbyteries instructed to think of an overture to pre- vent competing calls, and the giving of a call to a minister by any parish during the dependence of a prior call from another parish. 1708. 6. An overture for regulating the calling of ministers, transmitted to presbyteries, but not passed. 1710. xiii. Presbyteries discharged from putting the call from any parisli into the hands of the probationer called, until his trials be completed, and the presbytery fully satisfied both as to his sufiiciency and fitness for that parish. 1711. x. An Act concerning the qualifications of persons claim- ing to vote in the calling of ministers to vacant parishes, enacts that no person shall be admitted to vote who refuses to make the following declaration — viz., " That they have not twice heard sermon or attended divine worship per- formed by a nonjurant minister, or preacher professing himself to be of the Episcopalian communion, in any meet- ing or congregation not allowed by the laws, or where His Majesty King George and the royal family were not prayed for in express words, within twelve calendar months imme- diately preceding the vacancy of the church to be supplied ; and that they have not, during any j^art of the said calendar months, received the sacrament of the Lord's Supper, dis- pensed by such ministers, nor allowed their children to be baptised by them. 1748. 4. A proposal for distinguishing the respect due in the calling of ministers to those who express a suitable regard for religion and gospel ordinances, and excluding those of a contrary character from voting in such elections, referred to the Commission. 1749, ult. Declared that the moderation of a call in the settle- ment of a minister is agreeable to the immemorial and con- stitutional practice of this Church, and ought to be continued. 1782. vii. The presentee to the parish of Glendevon rejected, the presbytery having found that there was no call before them in his favour, and that therefore they could not proceed to his settlement as minister. 1768. 4. 32 CAL Call. Tlie presentee to the parisli of Gargunnock rejected for want of "a sufficient call." 1768. 5. ■ The proceedings of a presbytery found to he highly irregular and incompetent, in respect that they proceeded to take steps towards the settlement of a minister without having any call before them. 1790. 5. Two competing calls ordered to be set aside, and the presbytery appointed to moderate in a new call, that the deliberate and free choice of the parish might more fully appear. 1708. ii ; 1724. ii. A synod having prohibited a presbytery from proceed- ing with the settlement of a minister on the ground that there was not a sufficient call, the Assembly reversed the sentence, and ordered the presbytery to proceed. 1815. 6. An overture to the effect that if at the moderatins: of a call the major part of the male heads of families disap- proved of the person in whose favour the call was proposed to be moderated in, such disapproval should be deemed sufficient ground for the presbytery to reject such person, rejected by a majority of 149 to 137. 1833. 8. A similar overture carried by a majority of 184 to 139, and passed into an interim Act, and, along with regu- lations for carrying the same into effect, transmitted to presbyteries as an overture. 1834. 6, and ult. Wliich overture having received the consent of a majority of presbyteries, was ordained to be held and acted upon in all time coming as a standing law of the Church, by a ma- jority of 178 to 124. 1835. 9. ix. This law, commonly denominated the Veto Act, re- pealed on the ground that it infringed civil and patrimonial rights with which the Church had often declared it was not competent for its judicatories to intermeddle; and presby- teries ordained to proceed in the settlement of parishes according to the practice which prevailed previous to the passing of said Act, keeping specially in view the un- doubted privilege of parishioners to state any relevant objec- tions to the induction of presentees. 1843. ix. Declared to be the law of the Church that it is compe- tent at moderating in a call for any male communicant to state objections, of whatever kind, without a libel, to the 33 c CAL — CAM presentee, and that the presbytery are bound to receive and consider these objections. 1842. xxviii. Call. A motion that immediately after the words "sustain the call," in the regulations anent calling of ministers, the following words be added — " Provided always that the same shall have been subscribed either by a majority of the whole said male heads of families, or at least by the major part of them who shall have convened in congregation at the mode- rating therein," negatived by a majority of 96 to 82. 1835, ult. A similar motion made and withdrawn after discus- sion. 1836, uit. Overture on the regulations to l)e observed in the in- duction of ministers, transmitted to presbyteries. 1843, ult. The same, "uith various alterations and amendments. retransmitted every year till 1856, when, having obtained the consent of a majority of presbyteries, it w^as passed into a standing law of the Church. 1856. xii. In a case of disputed settlement it having been ob- jected that a compearance for callers was not competent under " The Scottish Benefices Act," the Assembly repelled the objection, and sustained the right of the callers to be heard. 1852. ii. Calumny. Calumny found relevant as an article of charge in a libel. 1767. 9. Campbell. An act and recommendation for preserving purity of doctrine, and concerning Mr Archibald Campbell, Profes- sor of Divinity and Church History in the University of Aberdeen. 1736. x. ; 1737. v. Campvere. On the recjuest of Sir Andrew Kennedy of Clow- burn, conservator of the Scots privileges in the Netherlands, an extract was gTanted from the records of the Assembly of certain propositions recorded therein, and approved by the Assembly of 1642 : From which it appeared that that As- sembly, having joined the kirk of Campvere to this Kirk, directed the minister to observe thenceforth the same order in the outward worship of God and exercise of discipline as was here received by law and practice. 2dly, To send com- missioners to the Assembly from that kirk as commodiously as they may, every third year at least. 3dly, To receive counsel and advice from the Presbytery of Edinburgh, or 34 CAM — CAR commissioners from the General Assembly, in any difficulties that might occur in the exercise of discipline ; and, 4thly, That an act he made for payment of the expenses of the commissioners. Further, at the request of Sir Andrew Kennedy, the Assembly authorised all subsequent Conmiis- sions to determine in all affairs belonging to the said kirk that might be l)rought before them, as their immediate supe- rior judicatory ; but recommended the consistory of Camp- vere to pay the charges of their own commissioners out of their own stock, until this Church be in a better capacity to assist them. 1704. xxiv. Campvere. Mr Thomas Hog allowed to demit his ministry at Campvere, and accept a call from the Scottish congregation at Eotterdam. 1699. 14. The commissioners from Campvere publicly taken notice of by the Moderator, in name of the Assembly, and encouraged to continue to send commissioners, conform to Act of Assembly 1649. 1701. 2. The Presbytery of Edinburgh authorised to proceed to the trial and settlement of any probationer that might be called to the Scots congregation of Campvere. 1722. ii. The form of a commission from the consistory of Camp- vere approved of by the Presbytery of Edinburgh, and trans- mitted to the consistory. 1770, ult. Mr John Chalmers transported from Campvere to the parish of Duffus, and letters sent to the magistrates of Camp- vere and the Scots consistory there. 1722. 3. The sentence transporting Mr Chalmers, as aforesaid, taken off upon new emergent grounds, and he continued at Campvere. 1723. 7. A petition from the minister of Campvere, praying to be admitted upon the Ministers' Widows' Scheme, referred to the trustees for their consideration. 1785. 9. The Commission instructed to aive their advice to the consistory of the Scots Church at Campvere in the case sub- mitted by them to the Assembly. 1719. 9. Canada. See Colonies. Carsphairn. The parishes of Carsj)hairn and Dairy disjoined from the Presbytery of Kirkcudbright, and united to the Presbytery of Wigton. 1699. v. 35 CAK — CAT Carsphairn. The foresaid parishes again disjoined from the Presbytery of Wigton, and reunited to the Presbytery of Kirkcudbright. 1703. xiii. Carthagena. Congratulatory address to His Majesty upon occasion of taking the forts near Carthagena. 1741. vii. Catechisms. 3000 Bibles, 1000 New Testaments, and 3000 Catechisms in the Irish language ordered, and the several synods having Highland parishes enjoined to appoint one of their number to receive their proportion of the same. 1690. xi. The Assembly, understanding that in some parts of the Church the psalms are sung at the same diet in a different language, appointed that this incongruous way of worshipping God shall be hereafter forborne, and recommended all congre- gations and families who worship God in the Irish language to make use of a paraphrase of the Psalms in metre, together with a translation of the Shorter Catechism in Irish, bound up mth the said Psalms in one volume, approven and emitted by the Synod of Argyle, as a uniform means of catechising the people. 1695. 20. Recommended to the Synod of Argyle to translate the Confession of Faith of this Church, and the Larger Catechism, into the Irish language ; the lesser Catechism and Psalms being already translated. 1699. xvi. The Commission instructed to take care that the im- pressions of the Holy Scriptures, of the Confession of Faith, and Catechisms, and of all other books relating to the doc- trine, worship, discipline, and government of this Church, be correct. 1718. 15. — Enacted that no minister shall presume to print or disperse in MTiting any catechism without the allowance of the presbytery of the bounds, and of the Commission. 1710. xii. On an overture from the Synod of Perth and Stirling, the Assembly unanimously recommended the printer for the Church to cause a new impression of the Larger Catechism to be printed with all convenient speed. 1794. 8. The General Assembly require and enjoin that the Shorter Catechism agreed upon by the Assembly of Divines at "Westminster, and approved of by this Church, shall be 36 CAT taught in all parochial and other schools, and that the chil- dren be required to commit this Catechism to memory, and by freq[uent repetitions to fix it deep in their minds. 1794. x. Catechisms. Ministers enjoined to exhort parents and masters of families to have the Confession of Faith, Catechisms, and other good books for the instruction of their households in faith and manners. 1708. lo. Catechising. An overture anent the catechising of parishes dismissed, in respect the object was sufiiciently provided for by the existing laws of the Church. 1800. 4. Catechist. Alexander Buchan, catechist in St Kilda, allowed 400 merks out of the public money, and a letter ordered to be written to the Laii^d of Macleod to give him due encourage- ment. 1706. 12. The Commission instructed to give advice and assist- ance for rendering eifectual a mortification made by the deceased George, Earl of Cromarty, for maintaining cate- chists in Ross. 1718, ult. Referred to the Commission to pitch upon fit persons to be employed as catechists and preachers in the bounds of the presbyteries of Strathbogie, Abernethy, and Lorn, to travel from house to house, and instruct the people in the principles of true religion ; said preachers and catechists to l)e under the superintendence of the presbyteries of the bounds, who shall direct them as to their work. 1 723. 8. Catechetical Doctrine. Ministers recommended, besides their ordinary work of catechising, also to preach catechetical doctrine, at such times and in such manner as they may find most conducive to the edification of their flocks. 1696. xviii. In said catechetical sermons, ministers recommended to insist on the great fundamental truths of religion, and to be earnest and instant in their prayers to God, that through His blessing their flocks may be preserved from the infection of dangerous errors. 1 720. viii. Catechetical Standards. Enacted and ordained that all students, previous to their first enrolment at the Divinity Hall, shall be examined by their respective presb}i:eries upon their knowledge of the Christian religion, as it is ex- hibited in the catechetical standards of the Church. 1837- ix. ; 1849. xi. 37 CAT — CER Catholics, Roman. Petitions sent to both Houses of Parlia- ment approving of religious toleration, and praying that, in the event of political privileges being conferred on Koman Catholics, securities should be provided against foreign in- fluence. 1813. 7. See Popery. Causes. A brief report of the more important causes decided by the Assembly ordered to be printed along with the Acts. 1825. 3. Centessima. Eecommendation anent a centessima of minis- ters' stipends for the relief of ministers' relicts and children in distress. 1698. 15. Each minister desired to advance a quarter of a year's centessima of their stipend for one year for the suppression of Popery. 1707. viii. ; 1715. 8. A full account of the origin and nature of the fund given in a report by the committee on the public accounts of the Church. 1841, Appendix. Certificates. Enacted that, when any young man comes to wait on the profession of divinity in any university, he shall bring along with him a testimonial from the minister of the parish from whence he comes ; and when he leaves the pro- fession, he shall also take with him, besides the professor's certificate, a testimonial from the minister of that parish in which he resided when he attended the profession. 1727. xii. ; 1813. viii. Enacted that no student shall be entered upon the roll of any professor, unless he shall produce a certificate from the minister of the parish in which he has his usual resi- dence, or in his absence, or during a vacancy in said parish, from some neighbouring minister, that his character is suit- able to his views, together with certificates from the several professors of philosophy iinder whom he had studied ; and a certificate from the presbytery within wdiose bounds he chiefly resides, that he has, in a satisfactory manner, passed an examination upon his knowledge in the Christian religion, as it is exhibited in the catechetical standards of the Church. He shall also, at the commencement of every session of his course previous to being enrolled, produce to the professor a certificate from the presbytery of his having been examined 38 CER by them, on the progress made by him in his studies, and also a certificate of his good moral character from the minis- ter of his parish. Enacted, further, that no student shall be admitted to trials for licence unless he produces to the presbytery a certificate or certificates from the professors of divinity under whom he has studied, that he has prosecuted his studies and delivered his discourses in the manner prescribed by the laws of the Church, and that his conduct has been in every respect suit- able to his views in life ; which certificates the presbytery shall record in their minutes at full length, and transmit an extract thereof to the synod clerk to be laid before the s}Tiod, 1849.x.; 1827. vii.; 1837. ix. ; 1837.8; 1813. viii. Certificates. The Assembly found that the certificate of a stu- dent's regular attendance at the Divinity Hall during the last session of his course not having been produced to the pres- bytery, ought to have been laid before the synod. 1815, ult. Certificate. A presbytery having refused to take a student on trials because he had not produced a certificate of moral character from the minister of his parish, the student ap- pealed, and the Assembly dismissed his appeal as inept and incompetent. 1832. 9. Long delay having been occasioned in consequence of the serious indisposition of the presbytery clerk, the Assem- bly dispensed with the production of the student's certificates to the synod, and authorised the presbytery to proceed with his public trials. 1839. 5. A minister havino: refused to give a student a certifi- cate to qualify him for l^eing admitted into the Divinity Hall, unless he signed a declaration of his opinions in regard to non-intrusion and the independent jurisdiction of the Church, the student brought the matter before the Assembly by petition and complaint, and the Assembly permitted the student to be enrolled without the certificate. 1841. 6. The progress of a student's trials having been stopped. in consequence of his certificates not having been produced at the meeting of synod, the Assembly called for the required certificates ; and being satisfied therewith, and that their non- production was not owing to any neglect on the part of the 39 CER student, directed the presbytery to proceed with liis trials according to the laws of the Church. 1853. 6. Certificate. Students applying for licence required to produce certificates of attendance on classes of divinity, church historj^, and Hebrew, taught by professors in communion with the Church of Scotland — the existing indulgence allowed to students studying in foreign Protestant universities being continued. 1845. 14. Certificate, Presbyterial. Every probationer on leaving the bounds of the presbytery by which he was licensed, and going to reside within the bounds of another presbytery, shall, within two months, report himself to the presbytery into which he has come, and lay before them a presbyterial certificate of his being a licentiate, and that his conduct is in every respect becoming his profession. 1736. ix. A presbytery having refused a certificate to a presen- tee, in consequence of its being reported that, in a letter to the patron, he had stated it as his opinion that it was the duty of ministers to obey the laws as interpreted by the civil courts, or if their consciences were aggrieved by so doing, to resign their livings as ministers of the Established Church, the Assembly remitted the case to the presbytery, with in- structions to refuse the certificate (1842. lo). But in the following year, on the case again coming before the Assem- bly, they instructed the presbytery to proceed with the settle- ment. 1843. 8. In a case similar to the foregoing, the Assembly ap- proved of the diligence of the presbytery in instituting an investigation, but found that, under the circumstances, there was no sufiicient reason for refusing the certificate. 1842. 12. The Assembly dismissed as unnecessary an overture anent presbyterial certificates, on the ground that sufiicient provision was already made on the subject in the existing laws of the Church. 1848, ult. A presbytery having sustained a presentation, and pro- ceeded to the trials of a presentee without his producing a presbyterial certificate, the Assembly cassed and annulled all the proceedings of the presbytery from the time the presen- tation was laid on their table, and inhibited them from sus- taining said presentation until a satisfactory presbyterial 40 CER — CHA certificate in favour of the presentee was laid before tlieni. 1849. 5. Certificate, Presbyterial. A presbytery having refused a certificate to a probationer, who had for some time resided and acted as assistant to a member of presbytery, on the ground that he had not produced an extract of licence or presbyterial certificate, nor reported himseK to said presbytery when he came to reside mthui their bounds, the Assembly, on petition, reversed the sentence of the presbytery, and found that they were not entitled, on the simple ground of the probationer's error in neglecting to report himself, to refuse him a certificate on his departure, inasmuch as they were boimd to exercise superintendence over him as a preacher regularly officiating in one of the pulpits mthin their bounds ; further, they declared that his status as a licen- tiate should not be affected by such refusal, and instructed the clerk to OTant him a certificate to this effect. 1850. 13. Certificate, Elder's. Enacted that, along with every commis- sion to the Assembly in favour of a ruling elder, there shall be x^roduced a certificate from the kirk-session of which he is a member, that he is hondjide an acting elder. 1839. xii. ; 1841. xi. ; 1850. xiv. Chaldaic. Ordained that none be licensed to preach unless they give good proof of theu' understanding the Greek and Hebrew ; and recommended to all candidates for the ministry to study also the other Oriental languages, especially the Chaldaic and Syriac, so far as they can. 1696. xxii. Chapels of Ease. Eegulations respecting the Chapel of Ease in Dunfermline. 1779. viii. The Assembly declared the persons forming the con- gregation of a chapel of ease subject to the jurisdiction of the kirk-session of the parish ; that the minister of the cliapel shoidd regularly intimate to the session-clerk the time of his administering the sacrament of the Lord's Supper three weeks before its celebration ; that the session-clerk, within eight clays thereafter, should transmit to the minister of the chapel a list of the parishioners under scandal ; and that the minister should be at liberty to admit to the Lord's table such as he judged worthy, excepting only the persons con- tained in that last ; and to baptise the children of any person 41 CHA belonging to his congregation who did not appear to be under scandal. 1782. 9. Chapels of Ease. Ministers of chapels of ease, being in the habitual exercise of the functions of the ministerial office, declared to be thereby disqualified from sitting as lay elders in the judicatories of the Church. 1796. 4. A chapel minister having brought a complaint agamst the minister of the parish for refusing certificates to mem- bers of the chapel of ease, for the pu.rpose of their obtaining baptism to their children from the minister of said chapel, the Assembly dismissed the complaint as groundless. 1800. 5. In a similar case the Assembly dismissed the appeal of the chapel minister, and enjoined him scrupulously to con- form to the terms of the constitution of the chapel in rela- tion to the authority of the kirk-session. 1831. 9. The General Assembly, judging it expedient that no chapel of ease should be erected without the knowledge and approbation of the General Assembly, prescribed the steps necessary to be taken by the presbytery on a peti- tion being laid before them for the erection of a chapel of ease; enjoined them to report the whole circumstances of the case to the Assembly, and not to pronounce any judg- ment on the petition until they had received the special direc- tions of the Assembly thereon. 1798. v. Regulations enacted to be observed in framing consti- tutions for chapels of ease. 1826. x. Twenty-two chapels had received constitutions in the twenty-seven years preceding 1826. 1826. x. A chapel minister having resigned his charge, the As- sembly found that the presbytery ought not to have accepted his resignation without ol)taining possession of the bond for his stipend, and taking some regular method to satisfy their minds with regard to the state of his health, 1815. 4. No provision having been made by the constitution of a chapel for the election of a minister, the Assembly authorised the managers, elders, heads of families, and un- married persons who were seatholders in the chapel at the death of the deceased incumbent, to proceed to elect a minister. 1823. 7. An appeal having been taken on the ground that it 42 CHA was not competent for a synod to pronounce a judgment ■\vitli regard to proceedings under the constitution of a chapel of ease, the Assembly appointed a committee to examine into the question of jurisdiction, and report. 1831. 8. Chapels of Ease. Found competent for a synod to review the proceedings of a presbytery in assigning boundaries to a new parish quoad sacra. Com., May 31, 1837. Found that it was not competent for the Assembly to grant relief from the grievances under which ministers of chapels of ease laboured, in being excluded from tlie privi- lege of sitting and votmg in the judicatories of the Church. 1830. 8. Ministers of chaj)els of ease declared constituent members of presbyteries and synods, and eligible to sit in the General Assembly, and entitled to enjoy every privilege as fully and freely, and with equal powers, with parish ministers of this Church, by a majority of 153 to 103; and presbyteries enjoined to allot territorial districts to said ministers. 1834. ix. A motion to rescind the foresaid Act, as having been passed in violation of the Barrier Act, negatived by a ma- jority of 108 to 176. 1835. 6. The heritors of a parish opposing its subdivision and the allocation of a territorial district to the minister of a chapel, and having obtained a note of suspension and interdict from the Coiu-t of Session against the presbytery, the Commission instructed the presbytery to proceed to assign a district quoad spiritualia, taking care so to construct their deliver- ance as not to have the appearance of affecting the civil rights of the heritors. Com., Aug. 14, 1840 ; June 2, 1841 ; Aug. 11, 1841. Ass. 1842. 9. A minister under libel having protested that the whole proceedings in his case were vitiated and rendered null and void by the participation of a chapel minister as a member of presbytery, and having obtained a note of sus- pension and interdict against the presbytery, the Assembly found him liable to the highest censures of the Church, and summoned him to appear at their bar. Having appeared accordingly, he was sentenced to be deposed, and his church and parish declared vacant. 1842. i3 and 17. 43 CHA Chapels of Ease: Declared tliat the principle on which the Act ix., 1834, is founded, is a fundamental principle of this Church, to which she is resolved, by the grace of God, at all hazards to adhere. 1842. 17. An elder, in a case affecting his qualification, having declined the jurisdiction of the presbytery on the ground that several chapel ministers had been admitted as members of the court, the Commission found that he had acted in contempt of the authority of the Church, and declared him incapable of sitting and voting in any ecclesiastical judica- tory, aye and until he should withdraw his declinature of the jurisdiction of the presbytery. Com., Aug, 10, 1842. A motion not to enrol chapel ministers in the sederunt of the Commission, on the ground that it had been declared by the highest legal authority that the General Assembly could not by its own act give such ministers a valid and legal title to sit as members of the ecclesiastical judicatories of the Established Church, rejected by a majority of 115 to 23. Com., Jan. 31, 1843. The Acts of Assembly, 1833, 1834, and 1839, by which ministers of chapels of ease became members of Church courts, rescinded, the same having been incompetently passed, and a special commission appointed to petition Her Majesty that measures might be taken to have the unendowed dis- tricts created legally and properly into parishes, and endow- ments provided for their ministers. 1843. x. A committee appointed to consider what ought to be regarded as the status of chapel ministers, and the duties required of them. 1843. A committee appointed to give advice and assistance to presljyteries in their endeavour to retain the chapels of ease to the Establishment. 1844. 14. The elders who had been ordained to chapels of ease. and continuing in the exercise of their duties therein in con- nection with the Establishment, declared to be elders of the Church of Scotland, and presbyteries instructed without delay to make such arrangements as might be found needful for the due exercise of discipline within the congregations of said chapels. 1843. lo. A proposal having been transmitted from the Free 44 CHA Church Assembly to refer to arbitration the questions wdiich had arisen respecting the right to tlie propert}^ of the chapels of ease, the Assembly appointed a committee to draw up resolutions in answer thereto. 1847. 7. Chapels of Ease. The thanks of the Assembly given to Dr Simpson and the Home Mission Committee for their calm, dignified, and iiTefragable statement vindicating the just claims of the Church to the possession of the foresaid chapels. '1848. 11. Committee appointed to devise such measures as might seem best calculated to obviate certain difficulties which had arisen relative to the extracting from the Records of Assem- bly the constitutions of the chaj)els about to be endowed and erected into parish churches. 1850. 14. A presbytery found to have acted irregularly in sus- taining a call in favour of the minister of a chapel situated within the bounds of another presbytery, and fixing a day for his induction, without any communication to the presby- tery in which his chapel was situated. 1852. 6. Ordained that in the event of the minister of a chapel of ease in one presbytery being presented to any charge within the bounds of another presbytery, notification shall be given by the latter presbytery to the former, of the differ- ent steps to be taken by them in order to his settlement, which notification shall be duly acknowledged. 1856. xii. Election of a minister to a chapel objected to on the ground that, on the day of election, the congregation had not had a leet of three candidates to choose from, in terms of the constitution, — the objection sustained, and election declared null and void. Com., June 2, 1841. Application from the managers of a chapel to be re- lieved from their obligation for the minister's stipend. 1843. 8. The thanks of the Assembly transmitted to the Earl of Roseberry for his exertions in obtaining the passing of an Act of Parliament for enabling proprietors of entailed es- tates to grant conveyances of sites for churches and schools. 1841, ult. A constitution to a chapel refused on account of the inadequacy of the proposed salary. 1847. 45 CHA Chaplains. Four chaplains sent out to the African and Indian Company's colony of Caledonia in America. A letter sent to them by the General Assembly. 1700. vi. Presbyteries enjoined to take special, particnlar, and exact notice of all chaplains within their bounds, and to cause them sign the Confession of Faith. 1700. x. A committee appointed to consider the most effectual means of providing for the regular administration of the ordinances of religion to the regiments on the Scotch estab- lishment, when they serve in Scotland. 1806, ult. ; 1807, ult. Committee appointed to embrace every proper oppor- tunity of stating the claims of this National Church to have it provided that some portion of the army chaplains should be Presbyterian clergymen, wdiose character shall be duly certified by the Moderator of the General Assembly. 1812. 4. A petition to Parliament for the employment of licen- tiates of the Church of Scotland as chaplains in the Presby- terian regiments. 1839. ii. A letter from the Chaj^lain-General of the Forces in regard to the employment of Presbyterian chajDlains at colonial stations, laid before the Assembly. 1844. 6. Reported to the Assembly that, by the new charter for the East India Company, the Church of Scotland was faiidy established in India, the Government having made it im- perative that there should be a minister of the Church of Scotland settled at each of the Presidencies, — remitted to the Committee on Indian Churches to accommodate the constitution of said churches accordingly. 1834. 4. Charges, Unsubstantiated. A minister rebuked at the bar of the Assembly for having on various occasions thrown out unsubstantiated charges against ministers in the Synod of Orkney. 1788. 8. Charity. Enacted that no minister, kirk-sessions, or elders give recommendations for charity (or licences to beg) to any without the bounds of their own parishes ; nor presbyteries nor synods without their respective bounds. 1696. xix. Enacted that in all time coming the General Assembly shall disregard all petitions for charity unless accompanied with a recommendation from the synod or presbytery of the bounds. 1710. viii. 46 CHI — CHR Children. Ministers recommended to show all tenderness to persons educated in other Protestant Churches when they come to desire the benefit of sealing ordinances. If they are free of scandal, their children to be baptised. 1711. 13. Exposed children or foundlings to be baptised and educated by the kirk-session. 1712. 4. Children of parents one or both of whom profess the Christian religion, to be baptised. 1712. 4. ' Christian Instructor.' Certain passages in the 111th nmnbei- of the ' Christian Instructor ' declared to be highly offensive and calumnious, calculated to injure the character of many ministers, and to vilify and degrade the supreme judicatory of the Church ; and the procurator instructed to take such steps as may appear to hun to be competent for correcting the pre- sent, and preventing the repetition of similar offences. 1820, ult. Christian Knowledge Society. A letter of thanks ordered to the Society in England for Propagating Christian Know- ledge, for their assistance in erecting libraries in the High- lands. 1704. 17. A committee appointed for propagating Christian knowledge, and suppressing Poper}^ 1708. 2. Said com- mittee to meet on the last Thursday of every month, or oftener, as business may requir-e. Com., April 28, 1708. Constituted into a society or corporation by letters patent, and subscriptions ordered to be collected in every parish in aid of the funds. 1 709. vi. The northern synods enjoined to inquire into the state of the Highlands and Islands, in regard to churches, schools, catechists. Popery, &c., and to send in their reports to the secretary of the Society. 1710. xi. A report of the proceedings of the Society given in to the Assembly. 1712. v.; 1713. v.; 1714. xiii. A public collection ordered to be made at all the church doors of Scotland, for buying books to the Society's scholars, and settling more schools. 1715. xii. ; 1716. iv. ; 1717. iv. ; 1747, ult. Reported that the stock of the Society had increased to £7000, and tliat the Society had erected forty-two schools in the Highlands and Islands. 1719. 5. 47 CHR — CHU Christian Knowledge Society. Reported that the Society had 105 schools, attended l)y 4146 scholars ; and that many thousands had been taught to read who formerly lived in gross ignorance and superstition. 1732. iv. Thanks of the Assembly given to the Society for their zeal in publishing a translation of the Holy Scriptures into Gaelic ; and the use of any other Gaelic version prohibited in the churches, chapels, missions, and schools of the Church of Scotland. 1816. vi. Church. The Commission instructed to consider the case of parishes not very large, where one church might well serve, and yet have more places than one for public worship, and what is proper to be done tlierein. 1724, ult. Mr Samuel Semple, minister at Liberton, recommended to proceed with a compilation of the History of the Church, from the first planting of Cliristianity to the 23resent time, and to be careful that the authorities founded on by him were of good credit. 1708. 5; 1710. 13. The procurator and agents instructed to concur with s\Tiods and presbyteries in preserving the patrimony of the Church. 1708. 13. Presbyteries to collect an account of the sufferings of the ChiuT-h under tlie late prelacy, and to send in the same to the procurator. 1710. ii. Strangers from other Protestant Churches to be cheer- fully admitted into the communion of the Church, if they are free from scandal, and profess their faith in Christ, and obedience unto Him. 1711. xiii. Conunissioners appointed to repair to London and at- tend His Maj esty anent the affairs of this Church. 1 690. xviii. ; 1712. 10. Intimated by the Lord High Commissioner that Her Majesty had given new assurances of her resolution to pro- tect this Church, and defend the ministers and judicatories thereof from insidts, and to redress their just complaints. 1712. 10. Resolved to represent to Her Majesty the grievances this Church lies under from the growth of Popery, insolence of Papists, and the illegal encroachments and intrusions of the Episcopal ministers and their adherents. 1714. 4. 48 CHU Church. An Act for restoring and preserving the unity and peace of this Church. 1714. viii. ; 1713. vi. ; 1715. vi. Eecomniended that every minister should give an an- nual contribution of 5s. in aid of the funds of the Church. 1816. xi. Enacted that every student shall attend regularly two sessions on the class of Church History, 1813. ix. The heritors of a parish, having agreed to erect a new parish church, resolved to dispose of the old church to an Episcopalian congregation for their use. Against this re- solution the petitioners petitioned, and the Assembly found that this being entirely a civil question, it was not compe- tent for the Church courts to interfere. 1827. 4. Churches. Presbyteries prohibited from consenting to or conniving at the annexation or suppression of parishes without the consent of the Assembly or synod of the bounds. 1740. V. Standing order in regard to applications for the erec- tion of new churches. 1850. xiv. Ordered that the drafts of the titles of new churches be submitted to the revising committee of the Assembly for their approval. 1842. xv. See Colonial, Indian, Extension, and Endow- ment. Church Bell. Declared that the ringing of the bell of a parish chiu-ch, in connection with ecclesiastical and religious pur- poses, belongs exclusively to the minister of the parish. 1818. 6 ; 1823. 5. Church Keys. Declared to be the ecclesiastical right of the ministers of parishes to have free entrance to their churches for the purpose of di^dne worship and religious instruction, and that during vacancies or suspensions this right is vested in the presbytery of the bounds. 1828. 8. Church Officers. The procurator instructed to appear in the civil court on behalf of the Church, respecting the rights and jurisdiction of the Church over inferior Church officers. 1809. 6. A minister carrying on a process before the Court of Session regarding the right of the minister to dismiss his beadle, applied for aid from the funds of the Church. The 49 D . CHLT Assembly found their funds in such, a state that no aid could be given. 1809. 9. Church Oficers. A session-clerk, having been dismissed by the kirk-session, appealed to the presbytery, who dismissed his appeal on the ground that he had not been appointed ad vitam aut cidpam. The Assembly unanimously found that the subject-matter of the appeal resolved itself into a question of civil right, which could only be competently tried by the civil courts, and that the presbytery had acted incompetently in pronouncing any sentence on the merits of the case. 1819. 9. Churches, Parliamentary. A report of the committee on additional churches, ^\ith an account of the population and extent of certain parishes relative to the want of additional churches, and a bill which had been brought into Parliament for making provision for supplying the said want^ given in and read. 1 819, ult. A letter from the Lord Advocate on the subject of the Parliamentary churches, communicated to the Assembly. 1822, ult. Committee appointed to thoroughly investigate and re- commend such measures as maybe necesssary for clearly ascer- taining the nature of the relation which ought to be established between parochial and parliamentary ministers. 1830. 7. Ministers of parliamentary churches declared constitu- ent members of presbyteries and synods, and eligible to sit in the General Assembly. 1833. vi. The foresaid Act, 1833. vi., rescinded. 1843. x. Church Accommodation. An interdict having been granted by a sheriff, discharging the parishioners of a parish from entering their parish church without the authority of the heritors, the Assembly declared, that while they felt the deepest interest in the sufficient accommodation of the people of Scotland in their parish churches, this was a case in which they could not interfere, it being in dependence before, and to be decided by, a civil court. 1827. 8 ; 1828. 5, A committee appointed to inquire into the evils result- ing from the inadequate state of Church accommodation in many of the large to^vns, manufacturing villages, and popu- lous parishes of Scotland. 1828. 4. 50 CHU — cm Church Accommodation. Declared that accommodation in parish chiuxhes cannot be made the subject of profit, or in- come of any sort, by the heritors. The surplus area, after accommodating themselves and tenants, falling to be appro- priated for the accommodation of the other parishioners, the heritors having no right to let such surplus or to draw any income from the same, to whatever purpose it may be applied. 1830. 8. The Court of Session having decided that the heritors could not be called on to enlarge a parish church unless it was ruinous, the Assembly recommended a general collec- tion throughout the Church for ascertaining, by appeal to the House of Lords, the actual state of the law respecting church accommodation in parishes in which the population has so increased that the original fabric has become totally inadequate for the purpose of affording opportunity of at- tending divine ordinances dispensed by the ministers of the Church. 1832. 7. Committee formed on the model of the Committee for Propagating the Gospel in Foreign Parts, with instructions to ascertain precisely, by communicating with the different presbyteries, the state of church accommodation throughout the country. 1834. 7. Church Extension. The Church Extension Committee, formed by the union of the committees on church accommodation, church endowments, and the subdivision of parishes ; Dr Chalmers, convener. 1835. 8. Report of Church Extension Committee, and resolu- tions of Assembly relative to Religious Instruction Commis- sion. 1837. 7 ; 1838. 5 and 8. Two sub -committees aj^pointed, one to sit in Edinburgh and the other in Glasgow. 1840. 9. Church Extension Committee merged into the Home Mission Committee. 1842. xviii. Circular Letters. Enacted that, before taking students on j)uljlic probationary trials, presbyteries shall write circular letters to all the presbyteries within the bounds of their synod, accpiainting them with their design at least two calen- dar months before the meeting of the synod. 1711. x. ; 1782. viii. ; 1788. viii. ; 1813. viii. ; 1849. xi. 61 cm — ciT Circular Letters. A synod having allowed a student to be taken on trials without circular letters having been WTitten to presbyteries, the Assembly reversed the sentence of the synod. 1777. 9. Citation of Parties. Citation of parties may be upon forty- eight hours' notice, if the parties reside within the bounds of the parish, before two or three witnesses. 1707. xi., chap. ii. 3. All citations a2)ud acta are peremptory, and, if in- structed, infer contumacy if not obeyed. 1707. xi. chap, ii. 5. Three citations to be given before the party be de- clared contumacious. 1707. xi. chap. ii. 6. In the case of a minister, citation in writing, with a copy of the libel and list of witnesses to be served on the party accused, either personally or at his dwelling-house, at least ten days before the day of compearance. 1707. xi., chap, vii. 5. In a case of translation, when a minister is called from one parish to another, to prevent rabbling of messen- gers and profanation of the Lord's day, it is ordered that he shall himself give citation from the pulpit to the defending party and parish to appear before the presbytery on the day of cause, to give in their objections to the translation, if they have any. 1704. vii. A presbytery having granted warrant to their officer to cite a minister under libel " personally, and at his own church," the officer left a copy of the citation at the manse, the minister being absent, and affixed another copy to the church door, there being no divine service there. The pres- bytery held the minister to have been duly and regularly cited ; but the Commission reversed the finding of the pres- bytery, leaving it to them to serve the libel anew if they saw cause. Com., June 2, 1846. Appeal taken on the ground that the warrant of cita- tion did not allow ten free days for the party to lodge answers to the relevancy of the libel, and other ten free days between the day of lodging answers and the day of compearance. The Commission dismissed the appeal, found the libel, with certain alterations, relevant, and instructed 52 CIT — CLE the presbytery to proceed with the case. Com., June 3, 1840. Citation. See Form of Process. Citation of Witnesses. Witnesses to be timeously cited. If they refuse after three citations, may be proceeded with as contumacious ; or, if judged needful, application may be made to the ci^dl magistrate that he may compel them to appear. 1707. xi. chap. ii. 9. Committee appointed to consider and report on an overture anent the citation of witnesses. 1845. ii. The Assembly, on the recommendation of said com- mittee, instructed the procurator and agent to select a favourable case, if any such should occur, for having the question regarding the citation of A\itnesses tried at the expense of the Church. 1846. 13. Claim of Right. Claim, declaration, and protest against the encroachments of the Court of Session. 1842. xix. Address to the Queen on the subject of the Claim of Right. 1842. XX. Principal Clerks of the General Assembly. Clerk of Assembly. Mr John Spalding acted as clerk to the general meetmgs and the Assembly, 1690. 1698. ii. Mr EoBERT Park, advocate, was clerk to Assembly 1694. 1695. m. Mr John Bannatyne, minister at Lanark, appointed to officiate as clerk until another was chosen, and Nicol Spence to assist in that office. Mr Bannatyne continued to be re-elected from year to year down to 1701, when Mr David Dundas was chosen clerk to the General Assembly and Commission thereof, and Nicol Spence continued sub- clerk sicut ante, which office he held until 1738, havino also, in 1708, been conjoined with Mr Blair as agent. 1701. 1. Mr John Dundas, advocate, chosen clerk to the General Assembly and the Commissioners thereof in the room of Mr David Dundas, deceased. 1703. i. He was also, in 1706, appointed advocate in ordinary and procm'ator for the Church. 1706. 13. Mr William Grant, advocate, elected procurator for 63 CLE the Chiircli, and ]Drincipal clerk of the Assembly in place of Mr John Dundas of Philipston, who died during the sitting of the Assembly. 1731. 7. Clerk of Assembly. Mr Grant allowed to depute Mr Andrew Macdonal, advocate, to officiate for him as clerk. 1745. i ; 1737, ult. The offices of principal clerk and procurator not in- compatible with the office of solicitor-general. 1738. 3. Mr Grant having been appointed His Majesty's Advo- cate, deputed Mr George Buchan of Kelloe to officiate as clerk ; but the Assembly found that the offices of procura- tor and principal clerk were at their disposal, and elected Mr David Dalrymple, advocate, procurator, and Mr George WiSHART, one of the ministers of Edinburgh, principal clerk, dui'ing pleasure. 1746. 8. Mr Wishart having, in 1748, been elected moderator, was allowed to depute Mr Hamilton to officiate as clerk pro tempore, the Assembly, however, taking care to enter upon the minutes that l3y the power they had given him of deput- ing a clerk, it was not to be understood that he or any future clerk was to have such power without the previous allow- ance of the Assembly. 1748. i. Mr Wishart, after discharging the duties of the office for thirty-two years, resigned the clerkship into the hands of the Assembly, whereupon he and Dr John Drysdale were elected conjunct clerks, the survivancy to be in the longest liver of the two. 1778. 8. Dr Wishart died in 1785, Dr James Macknight having been appointed to act for him during Assembly 1784. 1784. 1. Dr John Drj^sdale succeeded as sole principal clerk ; and being in bad health during the meeting of Assembly 1787, Mr William Murray, junior, writer, was appointed to assist him ^ro fe^^z/^ore. 1787. 2; 1788. 2. Professor Dalzel elected after a very keen contest. When the vote was taken, Dr Carlyle had an apparent ma- jority ; but a scrutiny having been demanded, it was found that " a majority of legal votes was in favour of Professor Dalzel," who was accordingly elected to hold the office during all the days of his natural life. 1789. 8. 54 CLE Clerk of Assembly. Mr Axdrew Duncan, minister at Eatho, elected by a considerable majorit}^ over Dr Robert Dickson of South Leith. 1807. i. Dr John Lee elected in room of Dr Duncan, deceased. 1828. 1. Dr Alexander Lockhart Simpson, minister at Kirk- Newton, who had been sub-clerk since 1828, promoted to the principal clerkship in room of Dr Lee, deceased. 1859. i. Dr John Cook, minister at Haddington, who had succeeded Dr Simpson in the sub-clerkship, promoted to be principal clerk in room of Dr Simpson, deceased. 1862. i. Clerk, Sub. Mr Nicol Spence, who had for several years assisted the principal clerk, appointed siib-clerk to the Assembly and Commissions thereof. 1701. i. ]VIr Spence was conjoined T\T.th Mr John Blair as agent for the Church in 1708, which office he held, along with the sub-clerkship, until 1722, when, at Mr Blair's death, he was appointed sole agent and sub-clerk. Mr Robert M'Intosh appointed colleague to Mr Spence as agent and sub - clerk, with the survivancy 1738. Mr John Baillie, W.S., on the death of Mr Spence, appointed colleagoie to Mr M'Intosh in said offices. 1743. 7. Mr James Edmonston, W.S., appointed colleague to Mr Baillie in room of Mr M'Intosh, deceased. Mr Edmon- ston to exercise the office of sub-clerk and clerk to the Royal Bounty, and Mr Baillie that of agent for the Church. 1753. 3. Mr Baillie having died in 1754, Mr Edmonston held both offices alone until his death in 1781, when the offices of agent and sub-clerk were disjoined, and have ever since been distinct. Dr William Gloag, one of the ministers of Edinburgh, appointed sub-clerk and clerk to the Royal Bounty in place of Mr James Edmonston, deceased. 1781. i. Mr Thomas M'Knight, Leith, and Mr David Ritchie, Edinburgh, appointed conjunct sub-clerks on the death of Dr Gloag. Dr Ritchie resigned in 1808. 1802. i. Dr John Lee elected conjunct sub-clerk with Dr M'Knight, reserving to Dr M'Kjiight the privileges, salary, and emoluments, 1826. i. 55 CLE Clerk, Sub. Mr Alexander Lockhart Simpson, minister at Kirk-Newton, elected conjunct sub-clerk in room of Dr Lee, promoted to be principal clerk. 1828. i. Dr John Cook, minister at Haddington, appointed sub-clerk in room of Dr Simpson, who succeeded Dr Lee in tbe principal clerkship. 1859. 8. Dr John Tulloch, Principal of St Mary's College, St Andrews, appointed sub-clerk in room of Dr Cook, promoted to be principal clerk. 1862. i. Clerks of Synod. Ordained that the clerk at least shall sub- scribe every book before it come to the Assembly, and that every act be noted on the margin for a directory of expedi- tion. 1642. 11. Clerks of Synods ordered to transmit their books to the General Assembly, with certification that if they failed to give due obedience they should be summoned to the bar of the Assembly. 1804. 5 ; 1827. 4. The clerk of the Synod of Perth and Stirling, and of the Presbytery of Perth, having been deposed by the Com- mission, the Assembly removed the sentence of deposition, and remitted to the presbytery and synod to do to him w^ith respect of their clerkships as they might see meet. 1720. 3. Synods recommended to take care that their registers are completely filled up, and that the proceedings of every synod be signed both by the moderator and clerk. 1698. xi.; 1700. ix.; 1713. iv. Erasures to be marked on the margin, and signed by the moderator and clerk. Marginal additions and correc- tions to be signed by the clerk. 1706. ix. The clerks of the several judicatories enjoined to transmit in due tune to the clerk of Assembly all references made by their respective judicatories. 1718. vii. Clerk of Presbytery. Found that a presbytery clerk was not entitled to withhold a commission to the General As- sembly on the ground that the usual fee had not been paid. 1825. 3. Clerks of Session. A session clerk, having been dismissed by the session, appealed to the presbytery, who gave judgment on the merits. The Assembly found that as the appeal 56 CLE — COL referred to was a matter of civil right, it could only be com- petently tried by a civil court, and tbat it was incompetent for the presbytery to enter upon the merits. 1819. 9. Clerical Errors. The omission of the surname of an elder in a commission held to be a valid objection to the commission. 1808. 3. An erasure in the date of an election held to be a valid objection in a commission. 1821. 3. In a case of erasure proof was allowed of the authen- ticity of the correction, and the conmiission sustained. 1847. 3. Through an error of a clerk of presbytery the reasons of appeal in a case not having been transmitted until the last day of Assembly, the Assembly appointed the com- mittee on bills to meet and receive said reasons. 1825, ult. Errors in date of minute allowed to be corrected on production of original record. 1839. 3; 1834. 5; 1846. 3. Errors and omissions as to dates held to be corrected by the contents of the documents. 1821. 3; 1836. 9; 1849. 2; 1850. 2. Collections. Ordered for helping to build a church in Konigsberg for those of the Reformed religion there. 1698. 11. For relief of the Christians taken captive by the Turks and detained in Barbary. 1698. is; 1707. 7; 1722. 10. To assist in building bridges at Lanark and Ancrmn. 1699. 18. Do. at Blackburn. 1720. ii. Do. at Kelso. 1756. 9. — Do. at Montrose. 1773. 5. Do. at Tulloch. 1726. 7. For additional schools in the Highlands. 1704. xiv. For John Maculloch, an old minister in great distress. 1704. 10. For the harbour at Irvine. 1706. 6. Do. at Eyemouth. 1753. 8. Do. Crail liarbour. 1760. 8. For building the Tolbooth at Tain. 1706. 14. 57 COL Collections. For the Protestants at Lisbourne in Ireland, who had suffered from a great fire. 1709. 4. For the Scots Presbyterian congregation of the city of NeAv York in distressed circumstances. 1720. 3. For the erection of new parishes in Lord Eeay's country. 1725. 3. For church at Enzie. 1728. 18. — For Edinburgh Infirmary. 1737. 5; 1785. 6. — For Edinburgh Surgeons' Hospital. 1737. 7. — For Christian Knowledge Society. 1715. 12, &c. — For church in Pennsylvania. 1752. 8; 1760. 8. — For Jersey College. 1754. 8. For the Protestant congregation at Saarbruck. 1762, ult. Ministers and presbyteries ordained to transmit an exact amount of all collections made by order of the Assem- bly to the clerks of Assembly, who shall keep a separate book for enrolling said collections. 1777. ix. A collection recommended to be made at all the parish church-doors within Scotland for relief of Mr Francis Robertson, who had sustained a heavy loss by fire. 1737. 10. The managers of a chapel having been interdicted from applying the collections at the church-door for the maintenance of the minister, the Assembly instructed the managers to continue the j)ractice, — a motion by Lord Moncreiff to sist procedure till the question had been de- cided by the civil court having been lost by a majority of 101 to 52. 1837. 10. Collections earnestly recommended to be made on behalf of the Schemes of the Church. 1836. xx., &c. Synods to take cognisance and record in their minutes as to the collections made within their bounds for the Schemes of the Church ; their omitting to do so to be noticed in the printed Acts of Assembly. 1850. xiv. Colleges. See Universities. Collegiate', Charges. Collegiate kirks in which there use to be two or more ministers to be understood to be as many distinct parishes in so far as concerns the representation of T^resbyteries in General Assemblies. 1694. v. 58 COL Collegiate Charges. The Conimission instructed to use all proper means for obtaining new erections in large and spacious parishes, or stipends to collegiate ministers in the same. 1708. ix. Colonial Churches. Declaratory enactment and recommenda- tion relative to colonial churches. Ordained ministers of the Church of Scotland, -v^dth fixed congregations in any of the British colonies, reconmiencled to form themselves into pres- byteries and synods ; such presbyteries not to exercise the power of licensing probationers, but to ordain licentiates of the Church of Scotland. 1833. v. A standing committee appointed to correspond wdth colonial churches, to be called " The General Assembly's Committee for Promoting the Religious Interests of Scottish Presbyterians in the British Colonies," and to meet statedly on the Tuesdays before the stated meetings of the Commis- sion. Parochial collections recommended, and the Colo- nial Mission adopted as one of the Schemes of the Church. 1836. 9. An extract of the proceedings of a committee of the Presbyterian Church in Montreal respecting the appointment of an assistant and successor to the minister of said church having been laid before the Assembly, the Assembly declared their satisfaction that the congregation desired to be consi- dered in full communion with the Church of Scotland, and that, so long as the congregation continued to elect pastors licensed and ordained by this Church, they would be re- garded as in full communion with the Church of Scotland. 1817. 8. The Assembly, considering how very desirable it is that a close connection should be kept up with the ministers of this Church in the West Indies, British America, and other foreign parts, appointed a committee to receive com- munications from said ministers and their congregations, and to consider the best means of continuing an intimate connection with them. 1818. s. A petition respecting a Presbyterian church in Mon- treal referred to a committee. 1820. 9. Colonial committee instructed to support, by all the means in their power, the claims of the Presbyterian minis- 59 COL ters in Canada to a competent provision out of tlie Clergy Reserves. 1823. 9; 1824. 3; 1827. nit; 1828. ult. Colonial Churclies. Full report on the case of the Scottish set- tlers in Upper and Lower Canada, Nova Scotia, Cape Breton, New Brunswick, and other colonies, giving a detailed account of the proceedings of the committee from its first appointment, and recommending the Assembly to continue their inquiries, and in the strongest manner to urge the claims of the col- onies upon His Majesty's Government. Com., June 1, 1830. A communication from Lord Glenelg relative to the Clergy Reserves, to the effect that no fresh measures could, without inconvenience, be adopted in reference to that pro- perty at that time. Com., August 12, 1835. A petition to Parliament on the subject of the endow- ments withheld from the Presbyterian Church in Canada. 1838, ult. The Assembly recorded their heartfelt acknowledg- ments to Her Majesty's Government for supporting the eccle- siastical judicatory recognised by this Church in New South Wales, for sanctioning the endowment of a minister in Cey- lon, and for admitting the right of this Churcli to participate in the proceeds of the Clergy Reserves in Canada. 1839. 9. A pastoral letter transmitted to the mmisters, elders, and people of the Presbyterian Church in New South Wales, with reference to certain divisive proceedings in that colony. Com., August 8, 1838. A special committee appointed to confer with Dr Lang with reference to the aforesaid lamentable divisions. Com., August 15, 1839 ; 1840. 3. A subscription recommended in aid of a college to be established at Kingston, Upper Canada, for the education of candidates for the ministry, to be called Queen's College. 1840. 3 ; Com., Nov. 18, 1840. Principal Macfarlan resigned the convenership of the colonial committee, and Dr Walsh appointed in his stead. 1841. 8. Principal Macfarlan reappointed convener, and Dr Grant vice-convener. 1843. lo. Dr Clark appointed vice-convener, in room of Dr Grant, resigned. 1844. 14. 60 COL Colonial Churclies. Dr Arnot appointed vice-convener, in room of Dr Clark, resigned. 1854. 13. A licentiate of the Cliurch of Scotland having been deposed by the Presbytery of St John's, New Brunswick, a question was raised as to the competency of reviewing a sen- tence pronounced by a church court in the colonies. The Assembly found that, while they do not review the sentences of colonial courts recognised by this Church, "wdth reference to ministers subject to the jurisdiction of these courts; yet, when the connection of such ministers with such courts has been regularly brought to an end, said ministers revert under the cognisance and jurisdiction of the courts of this Church, l)y which they were licensed. 1841. 3. Remitted to a presbytery to inquire into the truth of a report that a minister in Australia had withdrawn from all connection with the Church of Scotland, with instructions, if satisfied of the truth of said report, to find and declare accordingly. Com., May 30, 1843. Resolution regarding seceding ministers in Australia. 1845. 15. Certain proceedings of the Presbytery of Demerara highly disapproved of. 1846. 13 ; 1847. 1. The Assembly heard mth satisfaction that a very large majority of the Synod of Australia had resolved to maintain their connection with the Church of Scotland. 1847. 1. The Assembly highly approved of the conduct of the colonial committee in regard to the Canada Clergy Reserves Bill ; expressed their regret that the efforts made to oppose that bill had not been successful, and left the results of the measure with the Supreme Governor among the nations, who can overrule events, apparently the most adverse, for the advancement of His own cause and kingdom in the world. 1853. 2. The Assembly expressed their regret at certain pro- ceedings which had taken place in the Presbytery of Deme- rara and Essequibo, which had led to a suspension of friendly intercourse between said presbyteries and the colonial com- mittee. 1851. ult. The Presbytery of Demerara having petitioned the Assembly to recommend the colonial committee to renew 61 COL — COM friendly intercourse with said presbytery, the Assembly complied with the petition, leaving to the committee to carry it into effect as they should think best. 1853. 2. Colonial Churches. A deputation, consisting of Dr Simpson, Dr John M'Leod, and Mr Norman M'Leod, appointed to visit the churches in British America in connection with the Church of Scotland, gave in their report. 1846. 11. Another deputation, consisting of Messrs Fowler, Stevenson, and M'Intosh, gave in their report. 1848. 8. A deputation, consisting of Messrs Irvine, Monro, Pearson, and M'Lean, appointed to make strict inquiry into the state of the Church of Scotland in British Guiana, and especially into the charges which have been mutually made by the members of the Presbytery of Berbice*" against one another, with power and authority to act as they shall see cause. 1860. 14. Eeport of said dejDutation given in and approved of. 1861. 6. Commemoration. An Address to His Majesty on the com- memoration of the glorious Revolution. 1788. iv. Commission, Royal. Appointed to visit the universities and colleges of Scotland ; their report presented to the Asseml^ly. 1832. 1. Appointed for inquiring into the opportunities of reli- gious worship, and means of religious instruction and pastoral superintendence, afforded to the people of Scotland, "respect- fidly but hrmly declared to be not such as to entitle it to the confidence of the friends of the Church of Scotland." Com., August 13, 1835. Reports of Church Extension Committee relative to the commission aforesaid. 1837. 7; 1838. 8. Commission of Assembly. Resolved that there be appointed by the Assembly a delegated number of the most experienced ministers and elders, to take to their cognisance all references and appeals, and other things which, bemg stated before the Assembly, shall be by them specially referred to the said Com- mission. That this Commission do not take on them to meddle with anything not expressed in their commission, and to be in all their actings accountable to and censurable by the next ensuing General Assembly. 1690. xv.; 1694. xi. ; 1711. viii. 62 COM Commission of Assembly. A commission appointed to meet monthly for the more expedite planting of ministers on the north side of the water of Tay. 1695. xii. Commission appointed to meet the first day after the dissolution of the Assembly, and afterwards on the last Wed- nesday of October and first "Wednesday of March, and oftener when and where they shall think needful, with power to choose their own moderator. Absentees to be noted, and their names read in the Assembly. The Presbytery of Edin- burgh, and all other presbyteries within twelve miles thereof, prohibited from meeting on any of the days or weeks ap- pointed for the meeting of Commission. Presbyteries having four or more members of Commission to take care that at least two of them attend. 1706. xvii. ; 1711. viii. Presbyteries recommended to supply the charges of their ministers who are members of Commission during their attendance thereon. 1699, ult. ; 1704. xvi. ; 1705. vi. Commission empowered to choose their own moderator and clerk, 1698. xii. Committee ajDpointed of members of Assembly who were not members of Commission, to revise the proceedings of the Commission. 1699. viii. The High Commissioner having represented the dan- gerous indisposition of His Majesty, the Assembly appointed a commission, consisting of all the old and experienced ministers that were ministers in 1661, together with those of most experience and ability, with instructions to provide for the maintenance of " a public and established course of dis- cipline and order in the Church, whatever might fall out." 1702. iv. An Act anent the better attendance of members on the Commission. 1703. vi.; 1705. xv. Presbyteries enjoined to consider and report upon the means of securing a just and equal representation of the synods and presbyteries in the Commission. 1704. xvi. All the Presbyteries to be equally represented in the Commission. Three out of each synod to be appointed a committee for naming the members. Expenses of conmiis- sioners to be paid, and their pulpits to be supplied. Ab- sentees to be censured. 1705. vi. 63 COM Commission of Assembly. The same formula to be observed in the approbation of the registers of the Commission that is prescribed to be observed in the attestation of synod books. 1706. viii. Full instructions given to the Commission in regard to their proceedings and powers, 1717. vi. All the members of the Commission to be qualified in the same way as members of Assembly. 1719. vi. Ordained that the same proportion be observed between ministers and elders as obtains in the Assembly, and that certain of the nobility, officers of state, lords of session, and barons of exchequer be superadded. Presbyteries failing to obey the sentences of the Commission, declared to be ipso facto sisted before the next General Assembly. 1736. xii. Presbyteries to take account of the attendance of their members on the quarterly meetings of the Commission. 1742. V. Commission to take care that the impressions of the Holy Scriptures, Confession of Faith, catechisms, and other books relating to the doctrine, worship, and government of this Church, be correct. 1720. xi. Commission instructed, if a favourable opportunity occur, to apply to the King and Parliament for redress of the grievance of patronage. 1736. xi. A similar instruction given annually until 1784, when it was discontinued. 1784. xii. Found that an affair determined bv the Commis- sion should not be recognosced by the General Assembly. 1706. 4. Certain proceedings of the Commission disapproved of by the Assembly, and Commissions enjoined in time coining strictly to observe their instructions, and not transgress them on any pretence whatsomever. 1708. 9 ; 1711. 7. In an aj)peal case the Assembly found that, as the Commission had not exceeded their powers, their sentence could not be reversed. 1741. 4 ; 1813. 8 ; 1839, ult. The Commission found to have exceeded their powers, and their proceedings disapproved. 1724. lo. The Assembly disapproved of the proceedings of the Commission in the settlement of a minister, on the gTound 64 i COM " tliat tliey had acted disagreeably to the injunctions of the preceding Assembly," but by a vote refused to rescind the Commission's sentence. 1726. lo. Commission of Assembly. The Commission found to have exceeded their powers in disposing of money out of the funds of the Church, and their orders cancelled. 1761. 7. A motion having been made that, in regard of the moderator living at a great distance from Edinburgh, the clerk should be empowered, on a requisition from the Pres- bytery of Edinburgh, or any ten ministers of the Church, to call an extraordinary meeting of the Commission^the As- sembly, after reasoning at great length, rejected the motion. 1778. 7. Several cases referred by the Commission to the As- sembly. 1726. 10. In a case that had been before the Commission, a ques- tion was raised as to those members of Assembly who were members of the Commission, when the sentence complained of was passed, being allowed to judge in the cause. After reasoning, parties consented to depart from the objection, " to which the Assembly agreed, without making a precedent on either side." 1737. 8. A similar o])jection having been made_, the Assembly unanimously overruled the objection, and called for the votes of all who were members of the Assembly then present, whether they had been members of the preceding Commis- sion or not. 1813. 8. Petition and complaint against a sentence of the Com- mission rejected by the Assembly, on the ground that the petitioner had no right to be heard on allegations which tended merely to show that, m his judgment, the Commis- sion had passed an erroneous judgment. To hear him would be to place hun on the footing of an appellant, to which standing he had no title. 1853. ii. In a matter remitted to them by the Assembly, the Commission found that there was- no case before them. The Assembly foimd that the Commission ought to have heard parties, and remitted the consideration of the case to the ensuing Commission. 1854. ii. Committee appointed to revise the instructions given 65 E COM to the Commission, for tlie purpose of removing certain doubts as to their nature and. import. 1839. lo. Commission of Assembly. The Coimnission, at an early part of a sederunt, having resolved to adjourn at the close of the diet to the following day at eleven o'clock, was afterwards counted out for want of a quorum. On their meeting next day the counsel for both parties called in question the com- petency of the Commission to take up any case, inasmuch as there had been no regular adjournment, the house at its rising not being sufficiently full to be entitled to exercise the choice of either adjourning or proceeding with the business. The Commission, without a vote, repelled the objection, and pro- ceeded to business. Com., June 3, 1836. Similar cases of adjournment. Com., Nov. 21, 1838 ; Com., Aug. 15, 1839. The Commission having, at a meeting on the 20th November, adjourned to the 11th December following, met accordingly, when a protest was taken against the approba- tion of the minutes of the former meeting, in so far as that meeting had adjourned to a distant day, without having the power of so adjourning ; and also against proceeding to any business at a meeting held in consequence of such illegal adjournment. Com., Dec. 11, 1839. The foreffoins matter having been brought before the following Assembly, the Assembly found that the Commis- sion had not exceeded their powers. 1840. 5. Dissent and complaint allowed from the Commission to the next General Assembly. Com., Dec. 11, 1839; Com., Mar. 4, 1840. Questions regarding the powers of the Commission, and the obligation of its sentences on inferior Church courts, not allowed to be put to the moderator. Com., Dec. 11, 1839. In a case of libel, the parties pled that the Commis- sion, not being a court established or sanctioned by the law of the land, had no power to issue or try the libel served on them, declined the jurisdiction, and j)rotested against the whole proceedings as illegal and unconstitutional. The Com- mission repelled the objection, and found the libel relevant. Com., Nov. 18, 1840. 66 COM Commission, Quorum. The Commission to consist of fifty ministers and twenty-five ruling elders ; fifteen to be a quorum, of whom ten to be ministers. 1694. xi. Fifteen declared to be a quorum, of whom nine to be ministers. 1696. xx. Twenty-one declared to be a quorum, of whom four- teen to be ministers. 1703. iv. Thirty-one declared to be a quorum, of whom twenty- one to be ministers. 1711. viii. Counsel refused to plead before a court not consisting of a quorum of members. Com,, June 3, 1841. An appeal having been dismissed by a majority of fifteen to nine, the party protested against the judgment, on the ground that there was not a qttorum of members. Com., June 2, 1841. Commission, Special. A special Commission appointed to visit all the presbyteries on the south side of the river Tay, and another to visit all the presbyteries on the north side. 1690. XV. xvi. A special Commission appointed to settle a minister at Denny. 1737. 6. A special Commission appointed to lead proof in a case. 1787. 6. A special Commission appointed to co-operate with the Presbytery of Strathbogie. 1840. xii. A special Commission appointed to co-operate with certain presbyteries within whose bounds certain vacant parishes are situated. 1841. xv. A special Commission appointed with reference to the difficulties of the Church. 1 842. xxiv. Commissioner, Lord High. Certain ministers appointed to preach before His Grace, with power to name others to suc- ceed them. 1699. i. The Assembly met, but adjourned without proceeding to business, the Commissioner being indisposed. 1753. 7. The Assembly met on the 21st May, but the Commis- sioner was not able to meet with them until the 26th, his commission not having been certified under the Great Seal, in consequence of a vacancy in the office of Lord Keeper. An express was despatched to London for a special warrant ; 67 COM meanwliile the Assembly proceeded to appoint the usual committees and to other business. 1761. i and 5. Commissioner, Lord High. The Commissioner, being indis- posed, sent a letter to the Assembly informing them of his inability to attend, and desiring them to proceed to busi- ness in his absence if they thought proper. 1763. 6. The Commissioner being prevented by sickness from being present at the opening of the Assembly, sent a written message to the Assembly along with the Royal Conmiission in his favour, and the King's letter to the Assembly. The Assembly appointed a committee to wait upon His Grace, and proceeded forthwith to business. At the fourth diet the Commissioner appeared in the House, and made a most gracious speech ; and the Modera- tor, at the Assembly's desire, assured him of " the high satisfaction they felt at seeing His Grace in -his own place among them." 1776. i and 4. Commissioners sent to London to wait upon His Majesty anent the affairs of the Church. 1690. xviii. Commissions to Assembly. Commissions to be given in to the clerk the night at least before the first diet of Assembly, or in the intervals between the after diets, and nowise in presence of the Assembly while actually sitting. 1694. iv, ; 1698. vi. All commissions to be transmitted by the parties elected to the agent for the Church as soon as may be after the date of election, and not later than the second Thurs- day in the month of May in which such Assembly is to meet. Commissions lodged with the agent at any period during the sitting of Assembly, shall be by him submitted to the Assembly on the next day after that on which they have been so lodged. 1859. xii. Form of commission prescribed, and presbyteries en- joined to keep a uniform method. 1695. viii. ; 1698. vi. ; 1720. iv.; 1723. vii. ; 1724. iv. ix.; 1725. vii.; 1726. viii. The Assembly, considering the disadvantage of having what belongs to the necessary forms of conmiissions and attestations lying in separate Acts, did apjDoint all to be brought together into one act, and instruct the agent for the Church to cause print the same, and transmit copies thereof 68 COM Commissions to Assembly — continued. to the several presbyteries, universities, and burghs, ordain- ing that all such commissions and attestations as are not conceived and executed in the very words of the form pre- scribed shall be rejected. 1768. iv. ; 1783. x. Enacted that all commissions shall bear that the com- missioners have subscribed the Confession of Faith of this Church according to Act xi. 1 700 ; and that no minister or elder be commissioned to be a member of the General As- sembly but such as usually reside in or have a relation to the presbytery, burgh, or university they are commissioned from. 1704. vi. ; 1722. x.; 1720. iv. Presbyteries discharged from giving commissions to mis- sionary ministers, or ministers employed by managers of the Koyal Bounty. 1753. iv. ; 1789. 7; 1732. 3. Enacted that all commissions, after they are written out and extracted, and before they are put into the hands of the commissioners, shall be first read in presence of the presbytery, and revised by them; and that it be attested by the moderator and clerk of the presbytery that this was done, according to a form of attestation 23rescribed. 1720. iv.; 1718. ix.; 1768. iv. Ordained that no commissions from royal burghs to their representatives in the General Assembly shall be sus- tained but such as shall be consented to and approven, not only by the ministry and kirk-sessions of the burgh, but also by the presbytery of the bounds, and upon which it shall be attested that the persons therein named are elders lawfully ordained, and have signed the Formula, and like- wise that they are either residenters in the burgh, or heritors in the burgh or in the bounds of the presbytery in which the burgh lies, or that they have formerly resided and officiated as elders in the said burgh or presbytery. 1718. ix. Enacted that when a kirk-session or presbytery refuse their concurrence or attestation to a commission by a burgh or university, without assigning the reasons of their refusal, that commission shall be sustained as if duly attested. 1768. iv.; 1741. 3. Declared that the attestation of any one kirk-session within the electing burgh shall be held as competent, and 69 COM Commissions to Assembly — continued. sufficient to all purposes for whicli sessional attestations are required. 1788. ix. Enacted that in future all commissions from presbyteries and burghs sliall be printed by the printer of the Church, under the superintendence of the clerl? s of Assembly, agreeably to the authorised forms, and a sufficient number forwarded to all clerks*of presbyteries and burghs, from time to tune, as occasion may require. 1807. viii. The procurator, the clerks, and agent appointed a com- mittee to receive and revise all commissions reported by them as defective, to be remitted to a committee of nine aj)pointed by the Assembly. 1850. xiv. ; 1859. xii. ; 1701. 1 and 3. Along with every commission in favour of a ruling elder, there shall be transmitted to the agent a certificate that the commissioner is hona fide an acting elder. 1839. xii. ; 1840, ult. ; 1859. xii. Standing orders in regard to commissions. 1859. xii. Commissions. — See Elections. A presbytery having refused to attest a commission from a burgh, the Assembly found that the conduct of the presbytery in so doing was unwarranted, and injurious both to the burgh and to their comnnssioner, sustamed the com- mission, and ordered a copy of their judgment to be re- corded in the presbytery book. 1772. 3. Similar cases. 1772. 4; 1781. 4; 1782.4; 1783. 4; 1749. 3. A commission sustained, though not attested by the kirk-session or presbytery of the bounds, in respect their respective attestations were required under form of instru- ment taken in the hands of a notary-public. 1741. 3. A commission from the burgh of Selkirk not having been attested by the presbytery, by reason that certain fees demanded by the clerk had not been paid, the Assembly sustained the commission, and ordered a letter to be sent to the presbytery inquiring how any fees came to be demanded for such attestation. 1743. 8. Referred to the Commission to consider what shall be the effect of informalities in commissions to members of 70 COM Commissions to Assembly — continued. Assembly, or tlie want of certain clauses respecting the qualifications of members. 1754. 9; 1755. 3. A presbytery having found that, after election, one of the ministers chosen to represent them in the General Assembly had laid himself open to censure, elected another minister in his room. The Assembly, after hearing the charge against the minister first elected, suspended him for tliree months from the exercise of his ministry ; finding him, however, to be the member duly elected, and that it was not competent for the presbytery, at an after meeting, to alter that election ; but, in respect of his susjDension, the Assembly declared him to be deprived of his privilege as a member. 1758. 6. A presbytery having refused to admit upon their roll an elder bringing a commission from a kirk-session, but who was, on appeal, found by the Assembly to have been duly elected, the Assemljly fomid that the election of commissioners to the Assembly having taken place when a constituent mem- ber of presbytery was excluded from voting in their election, the commission was null and void ; and ordered the names of the commissioners to be scored out of the roll. 1766. 4. Objected to the commission from the Church at Camp- vere that a minister had been commissioned instead of a ruling elder; the Assembly repelled the objection in the circumstances, and sustained the commission, but " with- out prejudice to their afterwards considering the general point whether clergymen can be elected as ruling elders, when it is brought regularly before them." 1769. 4. A commission from a burgh having been presented to a presbytery for attestation at a pro re nata meeting, the presbytery refused to attest it. Principal Eobertson justi- fied the presbytery on the principle that a presbytery met pro re nata could take no other business under considera- tion but the res for which they had been called together. The commission, however, was sustained. 1776. 3. Objected to a commission that the commissioner was only a nominal and fictitious proprietor ; repelled, and the commission sustained. 1776. 3. A presbytery having refused to attest a commission from a burgh, on the ground that the commissioner was an COM Commissions to Assembly — continued. entire stranger to them, and that they had no evidence of his character and qualifications, the Assembly, after a long discussion, sustained the commission. 1776. 3. Report of committee appointed to inquire into the method of revising commissions, and amendments on that method adopted. 1781. 8. A double return of representation from the Presbytery of Perth ; the last sustained, and the first rejected as being neither revised nor attested, and the election of the members therein named having been made by only seven ministers before the ordinary time of the presbytery meeting. 1789. 4. A similar case. 1736. 3. A presbytery having discovered that the person first elected to be their representative ruling elder was not an elder, did, at a meeting within forty days of the Assembly, elect another by the form of substitution prescribed by the laws of the Churcli. The Assembly declared such substitution to be null and void, and rej ected the commission. 1 789. 5 and 6. A presbytery having dissolved without fixing a day for their next meeting became defunct ; but certain of the mem- bers met and attested the commission from the presbytery and burgh. The Assembly rejected the commission from the presbytery as not duly attested, but sustained the com- mission from the burgh, and appointed a day for the next meeting of presbytery. 1775. 3 and 4. A minister laid aside from being a member of As- sembly until he should sign the formula prescril^ed by Act 1711, or produce a voucher of his having formerly sub- scribed the same. 1732. 3. Declared competent for an elder to purge the objection that he had not signed the formula by signing it at the bar of the Assembly. 1719. 4 and 7 ; 1788. 3 ; 1796. 3. A commission having been objected to on the ground that it was dated on the ^Oth April, and attested on the 27th of April, evidence was off'ered at the bar that the former of these dates was a clerical error, and that the election took place on the 'iOth of March. The Assembly ordered the original record of presbytery to be produced as evidence, and declared that, in the meanwhile, the commissioners were 72 COM Commissions to Assembly — continued. not to be considered members of the Assembly until it should be made to appear from said record that the election was made in proper time. 1791. 3. It having been objected to a commission that it was made on the 28th of February, being nine days too soon, a member stated that the date was a mistake of the presbytery clerk, and that it was consistent with his knowledge that the election was made not on the 28th of February, but on the 28th of March, and the Presbytery Record having been produced in evidence, the commission was sustained. 1792. 3. A similar case. 1793. 3; 1797. 3; 1846. 3. It having been objected that the commissioner was not designed ruling elder, the Assembly, in respect the words " ruling elder " are found in one part of the commission, though omitted in the other, did repel the objection. 1797. 3. Protestation by the Lord Provost of Edinburgh against admitting a commissioner from the University of Edinburgh without the Town Council's choice. 1719. i. A commission was dated the 8th day of April, and the Assembly met on the 18th May. The Assembly rejected the commission, on the ground that forty free days did not intervene between the day of election and the meeting of Assembly. 1848. 3. In a similar case a different decision was given. A commission was dated the 11th of April, and the As- sembly met on the 21 st May, consequently forty free days did not intervene ; but the Assembly found that the election took place on the fortieth day, if either the day of election or the day of the meeting of Assembly was counted, and sus- tained the commission. 1846. 3. See also 1827. 3. It was objected to a commission that ten free days did not intervene between the resolution to elect and the day of election ; the resolution to elect having been on the 30th March, and the election on the 9th of April. The revising committee recommended that the commission should be sus- tained, in respect of the general rule, that when the lad day of a specified term has commenced it is held to have been completed. The Assembly, however, rejected the commis- 73 COM Commissions to Assembly — continued, sion, and found that the ten days must be ten free days. 1847. 3. Similar cases decided differently. 1818. 3 ; 1832. 3. A town council resolved to elect a representative elder at a meeting of council to be held on the 4th of April ; but finding that that did not allow ten days to intervene be- tween the resolution to elect and the day of election, the meeting was adjoui'ned to the 6th, and a marginal note added to the commission to that effect. The Assembly found that ten days had not intervened, and that the marginal note was an irregularity, and rejected the commission. 1831. 3. It was objected to a commission that the election took place seventy-one days before the meeting of Assembly, the election being on the 6th of March, and the Assembly meet- ing on the 16th of May ; whereas, in the directions appended to the printed forms of commissions, it is prescribed that " the election must take place not less than forty and not more than seventy days before tlie meeting of the Assembly." The Assembly repelled the objection and sustained the com- mission, on the ground that the 6th of March is " within a , month preceding the first of the forty days," as prescribed by Act X. 1783. 1833. 3. Proposal to refer all disputed commissions to a committee of fifteen, whose decision should be final, — after discussion withdrawn. 1834, ult. Agreed to refer all disputed commissions to a committee of nine ; parties being allowed to add one member as no- minee for their own particular case, with power of appeal to Assembly. 1836. i. All commissions which shall have been transmitted m time to admit of it, shall, before the meeting of Assembly, be submitted by the agent to a committee, consisting of the procurator, the clerks, and the agent, who shall consider the same in so far as relates to their regularity in point of form, and report thereupon to the Assembly. 1840, ult. Stand- ing Orders. 1850. xiv. Declared to be not competent for a synod to decide as to the validity of ;* a commission to the General Assembly. Burgh of North Berwick, 1835. 3. 74 COM Commissions to Assembly— crmfinued. Clerical error in date of coimnission allowed to be cor- rected by production of presbytery record, and commission sustained. Presbytery of Stiiiing, 1834. 5; Presbytery of Selkirk, 1839. 3; Presbytery of Dalkeith, 1846. 3; Presby- tery of Dornoch, 1847. 3. Clerical error in spelling a name not a valid objection to a commission. Pi^esbytery of Aberdeen, 1850. 2. Nor in quoting an act. Biu-gh of Dundee, 1821. 3. In counting the forty days required by Act x. Ass. 1783 to intervene between the day of election and the day of the meeting of Assembly, the Assembly found that it is not necessary they should be free days ; either the day of elec- tion or the day of meeting may be counted. Burgh of Queensferry, 1827. 3; Burgh of Lauder, 1846. 3. A contrary decision given, and forty free days held necessary. Burgh of Inverness, 1848. 3; Burgh of New ' Galloway, 1848. 3. The non-election of an elder held not to invalidate the commission of the ministers. Church in India, 1847. 3. The want of attestation by the presl^ytery allowed to be remedied by the production of the presbytery record, show- ing that the presbytery had ordered the commission to be attested. Presbytery of Ellon, 1848. 3; Presbytery of Islay and Jura, 1848. 3. In case of an after-election, found necessary that the minute of the original election be produced. Burgh of Lochmaben, 1809. 6. A day having been fixed for the election of an elder within ten days from the resolution to elect, the Assembly found it to be incompetent for the town council to remedy the irregularity by adjourning the election. Burgh of Perth, 1831. 3. Declared to be not necessary that a commission should be ^\Titten on stamped paper. Presbytery of Glasgow, 1806. 3. The conmiission of an elder objected to on the ground that he was not resident in, and had no connection wdth, the presbytery. Objection overruled and commission sustained. Presbytery of Perth, 1835. 4. 75 COM Commissions to Assembly — continued. A presbytery having rejected the commission of represent- ative eklers from kirk-sessions because the commissions did not in the preamble contain the names of the members, nor in the conclusion the name of the moderator ; and further, that there was no evidence that the said elders had signed the Confession of Faith, or taken the oath of allegi- ance ; the Commission found the conduct of the presbytery in rejecting the commission on these grounds highly im- proper and unjustifiable, and apj)ointed this judgment to be recorded in the book of the presbytery. Presbytery of North Isles, Com., June 2, 1842. A kirk-session having refused to grant a certificate of bona fide eldership to an elder who had been elected a commis- sioner to the General Assembly, on the ground that he had for several years ceased to attend public worship in his parish church, but attended the church of a neighbouring parish ; the presbytery overruled the judgment of the kirk-session* and m place of the bona fide certificate, appended to the com- mission a brief statement of the circumstances of the case. The case came before the Assembly by dissent and complaint, when the following motion was carried by a majority of 72 to 49; "That the General Assembly sustain the dissent and complaint, reverse the sentence of the presbytery as irregular and incompetent, so far as it overrules the judgment of the kirk-'^^ession refusing the elder a certificate as a bona fide acting elder — that judgment not having been brought regu- larly before them : Find that the brief statement of circum- stances referred to in that sentence of the presbytery cannot be received as a substitute for the bona fide certificate, and that the elder cannot hoc statu be entered in the roll of the Assembly. Presbytery of Auchterarder, 1854. 3. The Assembly refused to discuss the validity of a com- mission which had passed the committee on disputed com- missions after the report of the committee had been sus- tained, and the commissioner had taken his seat. Presbytery of Garioch, 1838. 3. Found that, in order to render the resignation of the elder first elected valid, and to warrant the presbytery to elect a substitute at an after-election, the resignation must be 76 COM Commissions to Assembly— continued. made either by a letter from the person resigning, or by him appearing personally to declare his resignation or by some person having specific authority from him to tender his resignation, which must be entered on the record Pres bytery of Garioch, 1834. 3. A kirk-session and presbytery having refused to attest a commission on the ground that there was no evidence that the commissioner was an heritor in the burgh ; the Assembly found him duly qualified as an heritor, and no other objection havmg been stated to his commission, they held that there was no need of further attestation. Burgh of Linlithoow 1834. 3. ^ ' A minister, after the date of his commission, and before the meeting of Assembly, resigned his charge. The As- sembly rejected his commission on the groimd that his con- nection with the constituency had been dissolved. Church in India, 1834. 3. Commissions, Forms of. An alteration in the printed forms of commissions sanctioned, and the clerks of Assembly enjoined to see that the alteration proposed be made and transmitted to presbyteries and burghs. 1808, ult; 1827, ult. Universities allowed to print commissions for themselves agreeably to the prescribed form, at their o^ai expense' 1814. 9. ^ Committee appointed to consider and report on wlnt improvements may be made on the form of commission, and the mode of transmitting and disposing of the same' 1840, ult. ^ ' Committee appointed to consider what steps may be neces- sary for securing greater regularity in the observance of the rules of the Church in regard to commissions to representa tives to General Assembly. 1846. 3. Conmiittee appointed to consider and report on the right of universities to send commissioners to the General A. sembly. 1846. 13. Committee appointed to draw up a scheme of representa- tion and form of commission for the Presbyterian Churches in India. 1818, ult. Declared that, alongst with every commission in favour of 77 COM Commissions, Forms of^continued. a ruling elder as commissioner to the General Assembly, there be produced a certificate by the kirk-session of which he is a member, that the commissioner is bona fide an acting elder of their congregation, otherwise the commission shall be rejected. 1836. 7, and ult. The foregoing regulation to apply to retired ministers, not being professors of theology, in the same way as to other ruling elders. Burgh of Inverury, 1840. 3. A form of certificate of bona fide eldership sanctioned by the Assembly. 1840, ult. Enacted and declared that no certificate shall be hereafter sustained unless exactly agreeing with the form aforesaid. 1841, ult., and Act xi. In the following among other instances, elders were not allowed to take their seats until they produced certificates of bona fide eldership. Presbytery of Aberdeen, &c., 1846. 3 ; Presbytery of Edinburgh, &c., 1847. 3; Presbytery of Perth, &c., 1849. 2. Commissions rejected because an extract from the kirk- session record had been sent up instead of a certificate in the form prescribed. Presbytery of Peebles, &c., 1847. 3 ; Pres- bytery of Greenock, 1846. 3, &c. Necessary that certificate be signed both by moderator and clerk. Presbytery of Haddington, 1846. 3; Burgh of CuUen, 1846. 3 ; Presbytery of Dunbar, 1847. 3 ; Burghs of Lauder, Peebles, &c., 1847. 3. It was objected to a certificate that the words "bona fide''' were omitted therein, the elder being certified merely as an acting elder. Objection overruled and commission sustained. Presbytery of Dornoch, 1847. 3. Commissions rejected on account of irregularities in re- gard to the date of election. 1771. 3; 1775.3; 1777. 3; 1784. 3; 1785. 3; 1786. 3; 1787. 3, 5; 1789. 5; 1789. 7; 1790. 3; 1794. 4. Because the election was made earlier than the time pre- scribed by Act iv. Assembly 1768, and Act x. Assembly 1783 — viz., " at least forty days before the meeting of Assembly, and within a month preceding the first of the said forty days." 1807. 3; 1810. 3; 1818. 3; 1818. 5; 1825. 3. COM Commissions rejected — continued. Because the election was made later than the tune pre- scribed by Acts of Assembly. 1810. 3; 1811. 3; 1812. 4; 1814. 3; 1816. 3; 1818. 3; 1819. 3; 1826. 3; 1832. 4; 1839. 2; 1848. 3; 1850. 2. Because ten free days did not intervene between the resolution to elect and the day of election, as prescri1)ed by Act iv. Assembly 1768, and Act x. Assembly 1783, viz.: —1775. 3; 1777. 3; 1784. 3; 1785. 3; 1786. 3; 1791. 3; 1795. 3; 1797. 3; 1798. 3; 1802. 3; 1803. 3; 1804. 4; 1805. 3; 1808. 3; 1810. 3; 1811. 3; 1812. 3; 1814. 3; 1815. 3; 1817. 3; 1818. 3; 1820. 3; 1821. 3; 1825. 3; 1833. 3; 1847. 3; 1831. 3. Because the election was not made between the hours of one and eight o'clock p.m., as prescribed by Act iv. Assem- bly 1768. 1787.3; 1813. 3; 1819. 3; 1822. 3; 1827. 3. Commissions rejected because not attested. 1788. 3; 1789. 7: 1807. 3; 1812. 3; 1817. 3; 1831. 3; 1834. 3; 1840. 3; 1850. 2. Commissions rejected because of informalities or omissions in the attestation. Because the kirk-session was not designed before which the commission was laid for attestation. 1784. 3. Because the presbytery by which the commission was attested, was not specified. 1785. 3. Because it was not certified that the elder resided or officiated in the burgh granting the commission, nor any of the alternatives stated which the Acts of Assembly pre- scribe. 1785. 3. Because after the words " attested by," the follo\\4ng were added, " in terms of the evidence laid before us." 1786. 3. Because of the omission of the words "conform to the directions of the Act ix. Assembly 1718, Act iv. Assembly 1720, and Act iv. Assembly 1724." '' 1801. 3. Because of the omission of the place of the presbytery's meeting and the date of the attestation. 1808. 3. Because the attestation wanted the qualification of the elder elected. 1808. 3. Because the attestation was without date. 1811. s. Because the attestation was dated at a place not within 79 COM Commissions rejected — continued. tlie bounds of the presbytery, at a time when the synod was not sitting. 1811. 5. Because the attestation was by a kirk-session not within the burgh. 1806. 3. Because the elder was not designed in the attestation. 1801. 3. Commissions rejected for various Omissions and Infor- malities. Because of the omission of the words " and ap- point." 1784. 3. Because the minute of election was extracted by a person who did not add the word " clerk" to his name. 1784. 3; 1786. 3; 1794. 3; 1797. .3. Because it is not agreeable to the Acts of Assembly and the practice of the Church that burghs should send ministers to represent them in the General Assembly. 1732. 3. Because of the omission of the words " in order to elect their representatives to the ensuing Assembly." 1789. 6. Because the person elected as elder was a missionary on the Royal Bounty, and designated minister of the gospel. 1789. 7. Because the commission was not subscribed by any per- son whatever. 1789. 7. Because the commissioner from a burgh had not been elected by a legal majority of the town council, and be- cause his commission had neither been attested nor refused to be attested. 1789. 7. Because the elder elected to represent a burgh had none of the qualifications required by law to entitle him to repre- sent said burgh. 1784. 3; 1789. 7. Because in an after-election the substitution was defective, being totally different from the prescribed form. 1793. 3. Because of the omission of the name of the burgh after the words " town council of." 1786. 3. Because of the omission of the word " eight." 1787. 3. Tlie following objections were held to be valid : — That the words " according to the Word of God, the Con- fession of Faith, and agreeably to the constitution of this Church," were omitted. 1769. 3; 1791. 3; 1802. 3. That the surname of the person elected was omitted. Burgh of Kintore. 1808. 3. 80 COM Commissions rejected, &c. — continued. That the commissioner had ceased to be a mmister of the Churcli in India. Church in India. 1834. 3. That in an appeal from the presbytery refusing to attest com- mission, the reasons of appeal were not lodged in due time. Presbyteryof Fordyce, 1834. 5; Presbytery of Skye, 1834. 5. That a quorum of town-council not present at election. Burgh of Dunfermline. 1835. 3. - That there was an informality in the resolution to elect. Burgh of Haddington. 1837. 3. That a quorum of senatus (or thirteen members) not present at election. University of Glasgow. 1840. 4. That the commissioners had been suspended by the Commis- sion of General Assembly, Presbyteryof Strathbogie. 1841.1. That the commissioners had been deposed. Presbytery of Strathbogie. 1842. i. That the election took place on the tenth day after the re- solution to elect, ten fi^ee days not intervening. Burgh of Dumfries. 1847. 3, That forty /?'6'e days did not intervene between the elec- tion and the meeting of Assembly. Burgh of Inverness, 1848. 3 ; Burgh of New Galloway, 1848. 3. Tliat the conmiission was not extracted by the clerk. Presbytery of Kirkcudbright. 1807. 3. That there had been no previous resolution to elect minuted. Burgh of Perth. 1810. 3. That the presbytery had returned more commissioners than it was entitled to do. Presbytery of Dmikeld. 1816. 3. That the presbytery had made a double return at an irregular meeting. Presbytery of Zetland, 1817.6. That there was an erasure in the date of election. Pres- bytery of Turriff. 1821, 3 ; Presbytery of Dornoch, 1847, 3. That the commission was not subscribed. Presbytery of Caithness. 1824. 4. That the commissioner returned as representative ruling elder was an ordained minister of the Scottish National Chapel, London, and in the stated and regular exercise of his ministerial office. Burgh of Annan. 182,9. 3. That the election took place after the meeting of As- sembly. Burgh of Dornoch. 1832.4, 81 p COM Commissions rejected, &c. — continued. That the managers of a burgh had failed to produce the deed investing them with the powers assum ed in the com- mission. Burgh of Kilrenny. 1833. 3 and 4. After Elections. The following objections were held valid, and the name of the substitute expunged : — That the date of the after-election was subsequent to the date of attestation, and that the substitution was not attested. Presbytery of Abertarff, 1811. 3 ; Presbytery of Elgin, 1811. 3 ; Presbytery of Skye, 1822. 3 ; Presbytery of Chirnside, 1824. 4 ; Presbytery of Kirkcaldy, 1834. 3 ; Presbytery of Wigtown, 1835. 3; Presbytery of Cairston, 1839. 2. That there was no evidence of the resignation of the re- presentative in whose room the substitute was elected. Pres- bytery of Ellon. 1818. 3. That the substitute was not described as minister of any parish. Presbytery of Strathbogie. 1827. 3. That the original commission had been already sustained by the Assembly. 1836. 6. Commissions disputed, but sustained. The following ob- jections repelled, and the commissions objected to sus- tained : — That the election did not take place within the time pre- scribed by the law of the Church — viz., " At least forty days before the meeting of Assembly, and within a month pre- ceding the first of the said forty days." 1743. 7; 1750. 3; 1751. 3; 1753. 3; 1754. 3; 1791. 3. The commission wanted the words " extracted by," and the subscription of the clerk. 1769. 3. That the attestation had the word minister in place of moderator after the name of the attestor. 1786. 4. A contrary decision given. 1793. 3. That the date of the resolution to elect is not sufficiently explicit. 1789. 6 and 7. That the word " o/" is substituted for " at " in the desig- nation of the ministers. 1789. 6. That the elder is differently named in the commission and . the attestation. 1789. 6. 82 COM Commissions disputed, but sustained — continued. That the date of the attestation is in a different hand and ink from the body of it. 1789. 6. That after Charles Hope, Esq., advocate, the words " r2t^m^ e^cZer " are wanting. 1789. 6. That the elder returned for a burgh wanted the necessary qualification, being only " a nominal and fictitious proprie- tor." 1776. 3. Tlie presbytery refused to attest a commission from a burgli, on the ground tliat the elder was an entire stranger to them, and that they had no evidence of his moral character, or of his being other\^dse qualified to rej)resent that burgh. 1776. 3. That the minister chosen at an after-election is attested in the form prescribed for an elder, as well as in that prescribed for a ndnister. 1786. 3. That the words " attested by " are awanting in the attes- tation by the kii'k-session. 1786. 3. That the commission has the words " between one and two o'clock," instead of "between one and eight o'clock." 1786. 3. That the commission was blank as to the day of the sit- ting of the Assembly. 1786. 3. That the resolution to elect was on the 29th of March, and the day of election on the 8th of April. 1788, 3. That the extract minute of election is not subscribed. The commission was sustained on the ground that, though the commission was not signed, the attestation was both by mo- derator and clerk. 1795. 3. That the attestation of the presbytery, though written on two pages, was not signed on the first page. 1789. 6 ; 1789. 7. That commission contained a clerical error and misnomer. 1789. 7. That the word " elder " on the margin in a different hand, and seemingly put in ex 2:)0st facto, was not subscribed. 1 789. 7. That the resignation of the elder in whose room another had been substituted was informal. 1789. 7. That the designation of the ruling elder is not sufficiently explicit. 1789. 7. That in the case of an after-election the person originally elected was not attested either by the kirk-session or presby- tery. 1789. 7. 83 COM Commissions disputed, but sustained — continued. Tliat " John Millar, Esq., advocate," should have been " John Millar, Esq., junior, advocate." 1789. 7. That the commissioner was a minor, on the ground that the Assembly had no evidence in support of the objection. 1769. 4. That the commissioner was a preacher. 1 769. 4. That the commissioner was no longer a constituent mem- ber of the presbytery from whom he had received his com- mission, having been translated to a parish within the bounds of another presbytery. 1769. 4. The follomng objections were overruled, and the commis- sions sustained : — Ohjections relative to " Time'''' of Election. That the election took place on the 3d of April, and the resolution to elect on the 24th of March, leaving only nine free days. Burgh of Annan, 1818. 3, and burgh of Linlith- gow, 1832. 3. Note. — A contrary decision was given by Assembly 1847, when it was objected to the commission from the burgh of Dum- fries, that the resolution to elect was on the 30th of March, and the election on the 9th of April. "The General As- sembly, in respect there were not ten free days between the resolution to elect and the day of election, rejected the commission."' 1847. 3. Tliat the election took place on the fortieth day before the meeting of Assembly, the election being on the 7th of April, and the Assembly meeting on the 17th of May. Burgh of Queensferry, 1827. 3 ; burgh of Lauder, 1846. 3. Note. — A similar objection was sustained by Assembly 1848, and two commissions rejected because " forty /ree days did not intervene." Burgh of Inverness and burgh of New Gallo- way. 1848. 3. That the election took place seventy-one days before the meeting of Assembly, the election being on the 6th of March and the Assembly meeting on the 16th May, where, as in the directions appended to the printed forms of commissions, it is stated that " the election must take place not less than forty 84 COM Commissions disputed, but sustained — continued. days, and not more than seventy days, before tlie meeting of Assembly," The Assembly repelled the objection, and sus- tained the commission, on the ground that the 6th of March is within a month preceding the first of the forty days be- fore the meeting of Assembly, as required by the Act of As- sembly 1783. University of Edinburgh, 1833. 3. That the day of the meeting of Assembly was left blank. Commission sustained on the ground that " the month of May next " was mentioned. City of Aberdeen, 1846. 3 ; burgh of Forfar, 1846. 3. That there was an omission of the year in which presby- tery entered on their minutes the resolution to elect. Com- mission sustained on the ground that the omission was sub- stantially supplied by the narrative. Presbytery of Deer, 1849. 2 ; Presbytery of Chirnside, 1849. 2 ; Presbytery of Linlithgow, 1849. 2 ; Presbytery of Kelso, 1849. 2 ; Presby- tery of Dunbar, 1849. 2 ; Presbytery of Greenock, 1849. 2. That there was a mistake as to the day of the meeting of Assembly. Commission sustained on the ground it was stated alternatively, " or when and where it shall happen to sit." Presbyteries of Lochcarron and Nairn, 1849. 2 ; Uni- versity of St Andrews, 1849. 2. That the election took place within forty days of the As- sembly. Commission sustained because " the burgh lies in the Northern Isles." Burgh of Kirkwall. 1811. 3. That the election was stated to have been on the last Tues- day of ' ' April," instead of " March." The Assembly allowed the presbytery record to be produced to show that it was a mere clerical error, and sustained the commission. Presby- tery of Stirling. 1834. 5. hiformalities in A ttestation. That in the commission the elder is de?igned as " an heri- tor in the said burgh ; " but in the attestation as " an heritor " simply. Burgh of Whithorn. 1825. 3. * That the commission was not attested, because the elder elected had not produced a certificate of character to the presbytery. The Assembly found that, though the elder had been attested in a former year, the presbytery were entitled " 85 COM Commissions disputed, but sustained — continued. to a renewed certificate ; but in respect that this demand was not usually made, they sustained the commission. Biu'gli of Culross. 1826. 3. That the attestation wants the words "Act 4, Ass. 1720." Burgh of Wigtown. 1801. 3. That the w^ords " according to the Acts of Assembly " are omitted. Burgh of Stranraer. 1804. 4. That the words " Assem])ly 1820 " were inserted, instead of "Assembly 1720." Burgh of Dundee. 1821.3. That the attestation did not expressly bear that the com- missioner was an heritor. Bnrgh of Dornoch. 1827. 3. That the commission was not attested by kirk-session or presbytery. The Assembly found their reason for refusal irrelevant and inconclusive, and sustained the commission. Burgh of Irvine, 1827. 3 ; 1840. 4. That the words " in the said burgh " are omitted. Bui^gh of Forfar. 1827. 3. Informalities in Co7nmission. The following objections were overruled : — That the words " enjoined by the 10th Act of Assembly 1711" are omitted. Presbytery of North Isles. 1802.3. That the words " the 10th Act of" are omitted. Presby- tery of Tongue. 1804. 4. That the commission was not written on stamped paper. Presbytery of Glasgow. 1806. 3. That in a case of after-election the minute of former election was not produced. Former minute called for and produced, and commission sustained. Burgh of Lochmaben. 1809. 3 and 6. That the elder was designed as " an heritor " simply, and not as an heritor within the burgh or presbytery. Burgh of Forfar. 1814. 3. A similar objection. Burgh of Kirkwall. 1814. 3. A similar objection. Presbytery of Lanark. 1830. 3. That in a case of after-election within forty days of the Assembly, the elders first elected were not attested as duly qualified. Commission of substitutes sustained, on the ground that they were duly attested, and "such commissions had been sustained on various occasions." City of Aberdeen, 1846. 3 ; 86 COM Commissions disputed, but sustained— cojitimted. Burgli of Anstruther, Easter, 1846. 3 ; Burgh of Dornoch 1816. 3 ; Biirgh of Lauder, 1830. 3. ' That the commission was irregular. Commission sus- tained because of difficulties connected with the judgment of Assembly 1814, empowering the Church in India^o send representatives. Church in India, 1821. 5; 1818. 3. That the person elected representative ruling elder is not designed as such. Presbytery of Abertarff. 1823. 3. That the elder was not qualified as an heritor within the burgh. Proof allowed, and commission sustamed. Presby- tery of Linlithgow. 1834. 3. That the fees of the presbytery clerk had not been paid. Burgh of New Galloway. 1825. 3. That it is contrary to the principles and practice of the Church of Scotland to elect an assistant and successor a com- missioner to the General Assembly in the presence of his constituent, the name of the constituent being entered on the sederunt where the election took place. Presbytery of Dumfries. ]833. 4. That the elder did not reside within the bounds, and had no relation to the presbytery. Presbytery of Perth. 1835. 4. That there was no evidence the elder maintained family worship daUy. Burgh of North Berwick. 1835. 3. That the resolution to elect was not entered in the jottings on the day when said resolution was come to. Commission sustained because it was duly entered in the extended min- ute, which was read and approved at subsequent meetino- Presbytery of Biggar. 1839. 3. "" ^ That a retired minister was returned as "a teaching elder." Coimnission sustained on the ground that that was the first year of the operation of the new Act requiring a certificate of bond Jide eldership ; but the Assembly resolved that in future retired ministers, not being professors of theology, should be subject to the same regulations as other rulinc^ elders. Burgh of Inverury. 1840. 3. ° That the commissioner was designed as " an officiatino- elder in the presbytery," and that this designation did no° fulfil the requirements of the Act. It having been explained 87 COM Commissions disputed, but sustained — continued. that the commissioner was an elder within the royalty, the commission was sustained. City of Glasgow. 1846. 3. That the place and date of election were written upon erasures. The Assembly allowed proof that the date as altered was the true date, and sustained the commission. Presbytery of Dornoch. 1847. 3. That the after-election was written on a separate commis- sion from that containing the original election. Presbytery of Abertarff, 1847. 3 ; Presbytery of Uist, 1847. 3. That the words " hond fide " were awanting in certificate, and the commissioner designed simply "an acting elder." Presbytery of Dornoch. 1847. 3. That the commission was signed by elder as session-clerk. Commission sustained, " because this had frequently hap- pened without objection." Burgh of Ayr. 1849. 2. That the name of the presbytery was not in the commis- sion. Commission sustained, because the name was in the attestation. Presbytery of Mull. 1850. 2. That the elder's name w^as differently spelled in the com- mission and the certificate. Presbytery of Aberdeen. 1850. 2. That the election was by a minority of the town-council, the majority refusing to elect. Burgh of Dun1)ar. ] 850. 2. Commissioners not certified to have signed the formula called upon to do so at the bar of the Assembly before their commissions were sustained, in terms of Act iv. Assembly 1720. Burgh of Culross, 1801. 3 ; Presbytery of North Isles, 1802. 3 ; Presbytery of Dundee, 1808. 3 ; Presbytery of Cupar, 1809. 3 ; Presbytery of Cupar, 1830. 3 ; Church in India, 1833. 3 ; Presbytery of Perth, 1833. 3. Commissions to Presbyteries. Committee appointed to prepare a form of commission for elders to presbyteries and synods as representatives of kiit sessions. 1834. 9. Committee appointed for nominating ministers to preach be- fore His Grace the Lord High Commissioner, and for supply- ing the pulpits of the ministers of Edinburgh and the West Church, who are members of Assembly. 1695. 6. Act and certification against ministers who attend not committees. 1695. 6. See Assembly and Royal Bounty. 88 COM Commonty. Aid granted from the funds of tlie Church to enable a minister to defend his rights to a common, and pre- vent the shutting up of public roads. 1810. 9. Communicants. Concerning the admitting of persons to the Lord's table, enacted that greater uniformity be kept in this Kirk in the practice and observation of the Directory of Pub- lic Worship, and of Act Feb. 7, 1645, § 12. 1727. viii. Communion. Strangers educated in other Protestant Churches to be received into communion, and admitted to Church pri- vileges, if free from scandal. 1711. xiii. Communion, Ministerial. Enacted that no minister shall hold ministerial communion with, or admit into his pulpit, any person not duly qualified to receive a presentation. 1799. v. The Act V. 1799, rescinded. 1842. ix. The Rescissory Act, ix. 1842, rescinded, and a commit- tee appointed to take the whole subject into consideration. 1843. XV. Overture and interim Act anent ministerial commu- nion, enacting that the admission of ministers of other com- mmiions to the pulpits of the Establishment should not be left to the discretion of individual ministers, but that in every case permission be asked and received from the pres- bytery of the bounds or a standing committee of their num- ber. 1844. vi. ; 1845. xvi. Declared that there w^as no OTound or occasion for introducing any change into the law and practice of the Chui'ch in regard to ministerial communion, and the com- mittee discharged. 1847. ii. A committee appointed to consider and report whether any Act can be passed in consistency with the laws and practice of this Church, whereby the Church of Scotland may hold ministerial communion with other evangelical churches, and under what provisions the same may be safely guarded. 1860. 8. Complaint. A complaint having been taken direct to the Ge- neral Assembly, and not to an intervening meeting of synod, the Assembly dismissed the same as incompetent. 1807. 4. A complaint by the minority of an inferior court brings all the parties and the whole case before the court of review, who may dispose of the sentence complained of, in 89 COM — CON the same manner as if it had been brought before them by an ajDpeaL 1815. 5 ; 1817. 7. Complaint. A complaint sists procedure in the conrt wliich pronoimced the judgment complained of. In one case, where a presbytery proceeded to the ordination of a minister in the face of a dissent and complaint, the Assembly, " under all the circumstances of the case," overlooked the irregularity, and approved of the proceedings of the presbytery. 1828. 7. Complaint dismissed as fallen from, in respect a full extract of the record and of the preliminary papers was not produced in court nor printed, in terms of the standing orders. Com., June 4, 1835. Complaint dismissed because the complainer had not produced a certified copy of his reasons of complaint. Com., June 1, 1841. Confession of Faith. Enacted that all probationers, en- trants into the niinistry,*and all ministers and elders received ■ into the communion of the Church, shall be obliged to sub- scribe their approbation of the Confession of Faith, approven by former General Assemblies of this Church, and ratified by Parliament. 1690. vii. ; 1700. xi. Enacted that such of the late conforming ministers as have qualified themselves according to law may be received into ministerial communion upon their subscribing the Con- fession of Faith according to a prescribed formula. 1694. xi. All ministers and members of the Church discharged and prohibited from speaking, writing, printing, teaching, or preaching, any doctrine or tenet contrary to or inconsist- ent with the Confession of Faith. Gainsayers to be censured according to their demerit. 1696. xxi. A new impression of the Confession of Faith ordered. in folio, for receiving the subscriptions of ministers, proba- tioners, and schoolmasters. 1699. xiii. The Synod of Argyle recommended to translate the Confession of Faith, &c. into the Irish language. 1699. xvi. 1708, ult. ; 1713. 8. All schoolmasters, chaplains, governors, and peda- gogues, required to sign the Confession of Faith. 1700. x. Ordained that all commissions to ministers and ruling elders to subsequent Assemblies shall bear that they have 90 CON — CON subscribed the Confession of Faith of this Church according to Act xi. Ass. 1700. 1704. vi ; 1720. iv. ; 1768. iv. Confession of Faith. Found that the conduct of a presbytery- was unjustifiable, and deserving the censure of the Assembly, in proceeding to settle a minister Avithout requiring him to sign the Confession of Faith and Formula. 1790. 5. Consanguinity. A reference relative to proclamation of banns between two parties supposed to be witliin the pro- hibited degrees of consanguinity referred to a committee. 1822. 5 and 7. Conspiracy. An address to the King on occasion of the happy discovery of a horrid conspiracy. 1723. iv. Consistorial Court. The procurator instructed to resist all attempts on the part of the consistorial court to interfere "with the regular exercise of discipline by the judicatories of the Church. 1809. 8. Contempt. Act and sentence concerning IMr Ebenezer Erskine, and some other ministers adhering to his protest, for their con- tempt of the authority of the General Assembly. 1733, vii. Contribution. Act anent schools in every parish, and a gene- ral contribution ordered for that purpose. 1707. v. Contumacy. Presbyteries to send in to the General Assembly the names of scandalous persons contumacious to discipline, with a full extract of the process, that they may be dealt Avith as the Assembly shall see cause. 1700. xv. Corn-Laws. A committee appointed to watch over any pro- posed alterations in the corn-laws, and to petition Parlia- ment, in name of the Church, against such alterations if they see cause. 1825, ult. Corresponding Members. Declared incompetent and un- constitutional for a synod to appoint corresponding members to act with any presbytery witliin their bounds. 1812. 7. Declared to be inconsistent with the order of this Church to send an elder as corresponding member to the synod Avdthin the bounds of which he exercises the oflB.ce of the eldership, inasmuch as he is already represented in that synod, while the synod by Avhich he is commissioned has no jurisdiction over him. 1836. lo. Court of Session. Claim, declaration, and protest anent the encroachments of the Court of Session. 1842. xix. 91 CRA — DEB Crawford. Several volumes of MSS., relating to tlie affairs of tills Cliurch, by Mr Matthew Crawford, Professor of Cliurch History in the University of Edinbui'gh, purchased by the Assembly. 1737. 8. Currle. The payment of sixty pounds to Mr John Currie, minister at Kinglassie, for his writings published in vindi- cation of this Church, sanctioned. 1741. 8. An ajDpeal in a case relative to the settlement of a minister in the parish of Currie. 1740. 8. 9. Custom-houses. Act of the Synod of Glasgow against per- jmies in custom-houses approven. 1736, ult. D Dairy. Parishes of Dairy and Carsphairn disjoined from the Presbytery of Wigtown, and reunited to Presbytery of Kirk- cudbright. 1703. xiii. Dalrymple. The Assembly having laid before them unex- ceptional evidence of his decent and useful behaviour, did unanimously take off the sentence of deposition passed upon IMr Robert Dah-ymple twelve years before, and reponed him to the office of a minister of the gospel. 1776. 9. Dancing. The Act xx. Assembly 1649, against abuses at lyke- wakes, penny bridals, and promiscuous dancing, revived, and appointed to be read in churches before the congregation. 1701. XX. Deacons. Deacons as well as elders to be ordained in all con- gregations ; but deacons, as such, to have no decisive voice in calling of ministers, or in the exercise of Church discipline. 1719. \TLi. Act concerning the duties of deacons. 1722. ix. Deists. Act against the atheistical opinions of the Deists. 1696. xxi. ; 1697. xvii. Denmark. Address of condolence to his Majesty on the death of the Queen of Denmark. 1775. iv. Debts. Anent debts affecting chapels of ease, the Assembly appointed a committee to take the matter into consideration, with a view to the liquidation of the debts. 1851. 4. See Annual Repokts. 92 DEF — DEM Defamation. A process against a preacher for defamation. 1726. 3. Delay. A presbytery found highly censurable for undue delay in the prosecution of a case, and ordered to proceed therein without further loss of time, 1849. ii ; 1787. 4. Delinquents. Committee appointed to draw up an overture anent delinquents where they should make satisfaction. 1771. 4. An overture anent trying delinquents who are minis- ters, considered and dismissed. 1786. 6. Demission. A letter from a minister given in to the Assem- bly, and accepted of as his demission of his ministerial charge, and ordered to be recorded in the book of the pres- bytery of the bounds. ] 755, ult. ; 1766. 7. ]Mr Thomas Boston having demitted his charge, de- clared no longer a minister of this Church. 1758. iv. Deed of Demission and Act of Separation given in by certain ministers and elders who withdrew from the As- seml)ly on the 18th May 1843, and formed themselves into the Free Church, with the deliverance of the Assembly thereon. 1843. xi. A minister having demitted his charge, the presbytery accej^ted his demission, although considermg the reasons thereof to be insufficient, declared the parish vacant, and in- timated the vacancy to the patron, who thereupon issued a presentation; and the presbytery took the necessary steps for the settlement of the presentee without challenge up to the day of admission, when the old minister appeared, with- drew his resignation, and protested against the presbytery proceeding with the settlement of the presentee. The As- sembly, on appeal, found that the presbytery had acted iiTegularly and precipitately in accepting the demission of the minister before they had taken means to ascertain the state of his mind, and before they had called the people to appear for their interest. The Assembly, therefore, set aside the whole proceedings of the presbytery in the matter, de- clared him still minister of the parish, and instructed the presbytery to do what in them lay to contribute to his com- fort and his usefulness. Presbytery of Dornoch, Ass. 1820. 5. See Ass. 1856, ult., and 1858. 3. 93 DEP Deposition. Dr George Garden deposed for being tainted Avith. the dangerous and blaspliemoiis opinions of M. Antonia Bourignion. 1701. xi. Mr John Hepburn deposed for following divisive courses. 1705. vii. Enacted that, before a deposed minister can be re- stored to the exercise of the ministry, the wound the scandal gave must be worn out and healed by an exemplary humble walk and edifying conversation. 1707. xi., chap. vii. 13. Declared to be almost impossible that a deposed minis- ter can ever again be useful in the same parish. 1707. xi. chap. vii. 14. Sentence of deposition to be intimated in the congre- gation of the deposed minister, {ih) Synods and presbyteries enjoined to send accounts of all ministers who are or shall be deposed or suspended, and proba- tioners who are or shall be silenced by them, to the clerk of Assembly, to be by him laid before the House. 1709. xv. Sentence of deposition pronounced against Mr Thomas Elder by Ass. 1711 taken off, and he reponed to the exercise of the office of the holy ministry. 1715. 9. Enacted that deposed ministers who continue to exer cise the ministry shall be prosecuted as intruders. 1716. lo. A minister deposed for his compliance in the rebellion of 1715. 1716, ult A minister having been deposed, appealed to the As sembly, and died. The Assembly referred to the Commis- sion to judge how far the appeal subsisted, notwithstanding his death, and empowered them to determine in the cause itself, if they found that the appeal did subsist. 1730. is. - Referred to the Commission to hear what a deposed minister had to say for his being admitted to sealing ordi- nances. 1730. 15. Sentence of deposition pronounced against Mr John Glass removed, and he restored to the character of a minister of the gospel of Christ. 1739, ult. ; see also 1813, idt. Mr Ebenezer Erskine, and seven other seceding minis- ters, deposed. 1740. iv. Mr Thomas Gillespie, minister at Carnock, deposed. 1752. iv. 94 DEP Deposition. An overture anent varying the form of the sen- tence of deposition, in cases where the judicatories shall find reason to dismiss any of their members from the ministry of this Church in questions relating to her national establish- ment, dropped. 1754. 8. Mr Thomas Boston having demitted his charge, de- clared no longer a minister of this Church. 1758. 4. Sentence of deposition pronounced in 1740 against Mr Thomas Nairn, one of the seceding ministers, taken off, and he reponed to the office of the holy ministry. 1758, ult. In a case of deposition, the sentence was declared to take effect from the day on which the judgment of the pres- bytery was affirmed by the Assembly. 1763. 7. Found and declared that a sentence of deposition from the ministry includes also deposition from the office of elder, and that the person deposed is incapable of sitting as a mem- ber of Assembly, or of any other judicatory of the Church. 1770. 3. Sentence of deposition removed, the minister restored to his charge, and admonished to be more circumspect in his conversation in time coming. 1722. 4. Proceeding of the Conmiission disapproved in repon- ing a minister to his charge against a sentence of de230sition. 1723. 7. The Commission authorised to take off the sentence of deposition pronounced against a minister, and to repone him to his ministry if they shall see cause. 1723. ii. Found that a presbytery acted irregularly and impro- perly in suspending and threatening to depose a minister who had not been summoned before them, and against whom no regular process had been instituted. 1826. 4. It was unanimously agreed that, for the purpose of guarding against the risk of attempts being made to admit any of the ministers deposed by this or by the last General Assembly, either to permanent charges or to occasional min- istrations in other parts of the world, notices of the sentences passed against them shall be sent as extensively as possible to synods and presbyteries, and congregations in communion with this Church beyond the bounds of Scotland, and parti- cularly in the colonies, and that such notices shall contain a 95 DEP — DEV distinct account both of tlie presbytery from wliicli tliey had severally received their licences, and of the stations which they had occupied before they forfeited the character of ministers of tlie gospel. 1851. 14. Deputation. A deputation appointed to visit the churches in British America in connection with the Church of Scotland, consisting of Dr Simpson, Dr John M'Leod, and Mr Norman M'Leod, gave in their report. 1846. ii. A second deputation, consisting of Messrs Fowler, Stevenson, and M'Intosh, gave in their report, 1848. 8. Deputation appointed to visit the several parishes in the Presbyteries of Lewis, Uist, and Skye, with full power to call for the production of the records of presbyteries and sessions. Com,, August 13, 1835 ; Report of Deputation, 1836, ult.; another deputation appointed, 1838, ult. Destitution. Collection appointed in all the churches, in compliance with a letter from her Majesty recommending the poor and destitute to the pastoral care of the Church. 1842, 3. A resolution expressive of deep sympathy with the working-classes and the poor generally, arising from the existing destitution, and a reconunendation to presbyteries to use every effort for alle^dating that distress. Com., Nov. 17, 1842. Devotion. On a memorial from two of the chaplains of the Cliurch of Scotland in India, expressing their desire to be furnished with such forms of devotion as might, with great advantage and edification, be used by many, and particularly by those who, in the course of Providence, are placed in situations in which they cannot have access to the public worship of God, the Assembly remitted the consideration of this memorial to a committee — Dr Robertson, convener. 1850. 15. Dr Crawford, Convener of the Committee on Aids to Devotion, laid on the table a collection of forms of wor- ship for the use of soldiers, sailors, colonists, sojourners in India and in foreign countries, and other parties who are destitute of a settled minister. 1858. 12. Dr Crawford laid on the table a few copies of the ' Prayers for Social and Family Worship,' which the General 96 DEV — DIS Assembly of last year allowed the Committee to publish if they should see cause. 1859. 13. Devotion. The General Assembly rejoiced to learn that some progress had been made in the distribution of copies of Aids to Devotion among soldiers, and also of Bibles with psalms among sailors ; and earnestly hoped that the Committee would ere long be able to succeed in providing a larger supply of Bibles among sailors, and copies of Aids to De- votion among Presbyterian soldiers and sailors. 1862. s. Dictionary. The design of Mr David M'Colm, minister at Duddingston, of printing an English and Irish dictionary, as tending to promote learning, remitted to the Committee for the Reformation of the Highlands and Islands. 1737. 8. Digest. Committee appointed to consider anent the preparing a digest of the laws and decisions as to the jurisdiction and administrative powers of kirk-sessions in cases of pauperism. 1826. 5. Directory. Tlie due observance of the Directory for the Pub- lic Worship of God approved by the General Assembly held in the year 1645, sess. 10, recommended to ministers and all others within this national Church. 1705. x. Discipline. Committee appointed to consider the overtures concerning Church discipline, with instructions to meet and continue together until they have concerted and agreed upon a form of process for regulating the procedure of Church judicatories. 1703. xii. ; 1704. xxv. See Form of Process. 1707. xi. Larger overtures concerning the discipline and method of procedure in ecclesiastical judicatories, transmitted to presbyteries. 1705. 15; 1707. xvii. ; 1710. xvi. The Acts of Assembly, 1707. xvii. and 1710. xvi.. relative to the larger overtures anent discipline, revived 1718. x. Act discharging prelatical preachers and separatists from exercising Church discipline. 1715. xiv. An Act relative to cases of discipline. 1843. xiii. Dispatch. Acts for the better dispatching the business of the General Assembly. 1718. vii. ; 1819. v. Dissents. Enacted that the reasons of dissent against the de- terminations of Church judicatories in causes brought before 97 G DIS tliem sliall not be entered on the register, but be kept in retentis, to be laid before the superior judicatories. 1730. vii. Dissents. The above Act, 1730. vii., rescinded, as having been passed in violation of the Barrier Act. 1734. v. The recording of dissents against a judgment of the Assembly in a particular case disallowed, as tending to dis- turb the peace of the Church. 1730. 14; 1732. 9. Referred to the Commission to prepare an overture for determining whether dissents against decisions of Assembly in private causes should be admitted and recorded or not. 1737, ult.; 1738. 9. Referred to the Commission to give advice how far members absent from one meeting of synod shall, upon hearing the minutes read at a subsequent meeting, be allowed to have their dissent marked. 1738, ult. The Assembly disapproved of a synod allomng to be recorded in their books a protest and dissent by one of their members against a sentence of the Commission. 1741, ult. An overture, proposing that the effect of dissents re- specting the licensing of probationers should be to sist the actual licensing of such probationers till the complaint was considered, after discussion withdrawn. 1786. 9. An overture for regulating the effect of dissents from judgments of superior courts, transmitted to presbyteries, but not passed into an Act. 1752, ult. Certain members of Assembly dissenting from a resolu- tion to proceed with the licensing of a probationer, the As- sembly ordered them to attend on the day of the ordination, and to concur with their brethren, on pain of being simi- moned to appear at the bar of the next General Assembly. 1803. 5. Reasons of dissent rejected as disrespectful to the As- sembly, and injurious to the party in the case. 1803. 9 ; 1803, ult. A presbytery having refused to receive and record a dissent as disrespectful, a complaint was taken to the As- sembly, who dismissed the complaint, and affirmed the judg- ment of the presbytery. 1845. ii. In a case where there had been no dissent or complaint 98 DIS in tlie Inferior Court, the Assembly refused to hear parties, " in respect the said sentence revived a question affecting a private party, the decision of which had become final." 1811. 4; 1827. 5. " Dissents. A presbytery having, without a dissent or complaint, found that there was no ground for further proceedings in a cause, the synod disapproved of the proceedings of the pres- bytery, and remitted to them to re-consider the case. The Assembly reversed the sentence of the synod, and affirmed the j udgment of the presbytery, on the ground that it had become final, in consequence of there having been no com- plaint or appeal. 1839. 5. A member of synod, who had not dissented or com- plained agamst a decision of synod, craved to be heard in the General Assembly by the indulgence of the house. The Assembly decided that he could not be heard, save as a party in support of the synod's decision, without a departure from one of the most salutary rules of the Court. 1832. 4. In a case brought before the Assembly by petition. although there had been no dissent taken against the judg- ment of the Inferior Court, the Assembly, in the exercise of its nohile officium, or general superintending power, ordered a special meeting of synod to revise the record of the pres- bytery. 1837, ult. A presbytery having, in the face of a dissent and com- plaint, proceeded mth the settlement of a minister, the As- sembly, " under all the circumstances of the case," approved of their conduct. 1828. 7. A dissent must be given in immediately after the judg- ment dissented from has been pronounced. The dissent of members not then present cannot be received at a subsequent diet. 1827. 5. A synod having affirmed a sentence of presbyter}'- allowing a member to enter a dissent and complaint against a judgment come to at a former meeting of synod, the As- sembly reversed the sentence of the synod. 1819. 5. A minister dissented from a deliverance of synod come to in his absence, and gave in reasons of dissent, which were recorded. The Assembly found that the minister, not having been present when the judgment complained of was 99 DIS come to, had no riglit to dissent, and ordered his reasons to be expunged from the synod record. 1813, ult. Dissents. A committee appointed to consider whether those members who were not present at the decision of any cause before the Assembly, or who, being present, did not vote, should afterwards be permitted to enter their dissent against the judgment of the Assembly in the said cause. 1820. 6. A committee appointed to search the records for prece- dents, and to report what they found to be the law and practice of the Church in regard to the entering of dissents ; which committee reported that it was long the invari- able practice that dissents were entered upon the day on which the sentences dissented from were pronounced, leave being given to members to adhere to the dissent on a subse- quent day, butviJ'hat in some recent instances dissents had been entered on a subsequent day. The Assembly, on the recommendation of the committee, enjoined that the an- cient practice should be enforced, and uniformly observed. 1828. 9. A dissent, without a protest for leave to complain, does not entitle the member dissenting to be heard as a party at the bar of a superior court. 1831. A presbytery who had appeared before a synod as re- spondents in an appeal against a sentence of the presbytery, dissented from the judgment of the synod, and protested for leave to complain to the General Assembly. The Assembly dismissed the dissent and complaint as incompetent, and found that the presbytery ought, as party respondents, to have brought up the case hj lyrotest and ajypeal. 1838. 8. A reference from the Synod of Perth and Stirling anent the effect of a dissent and complaint. 1830. 9 ; 1831, ult. A committee appointed to consider the subject. 1831, ult.; 1832, ult. A separate register-book ordered to be kept by the clerk of Assembly for the insertion of reasons of dissent. 1831, ult. Eeasons of dissent from deliverances of Assembly given in and read on the last day of Assembly. 1834, ult. Declared that any member of the house present at the vote may enter upon the minutes a dissent from the judg- 100 DIS ment or resolution of the house iimnediately after the vote, and lodge thereafter his reasons of dissent, to which any member present at the vote may adhere, either when such dissent is taken, or at the next diet of the Assembly there- after ; but not competent to enter a dissent at any diet after that at which the resolution dissented from was passed. 1859, xii. chap. v. 43. Dissents. A member craved leave to adhere to a dissent entered against a judgment of the house passed in his absence, which the Assembly refused, in respect he had not been present at the vote. 1859. 12. Dissenters. The admission of dissenting ministers or teachers to trials for becoming licentiates of the Church, declared to be a step of such magnitude that it should never be taken without the knowledge and authority of the supreme eccle- siastical judicatory. 1805. 9. Presbyteries enjoined to use all care in the admission into the Church of ministers or licentiates of other denomi- nations, and to apply to the General Assembly for its sanc- tion. 1844. 14. ■ Regulations anent the admission of ministers and ■"&' licentiates of dissenting bodies transmitted to presbyteries as an overture, 1845, xv. ; and passed into a standing law of the Church. 1856. xiii. Applications for admission into the Church, with all the necessary documents, to be lodged with the agent on or before the first Saturday of the Assembly, and none to be received after that day. 1846. xvi. ; 1850. xiv. A minister in connection with the synod of relief hav- ing applied for admission into the Church of Scotland, the Assembly, on the recommendation of a committee, resolved that he should not be taken on trials until he had been six years regular and exemplary in his adherence to the Estab- lished Church. 1805. 9. A decision given in precisely the same terms in a similar case. 1824, ult. In another case, the Assembly finding that the appli- cant had studied divinity regularly, and that he had been about six years in communion with the Church of Scotland, authorised a presbytery to examine him, and, if they found 101 DIS — DIV him qualified, to receive him as a probationer. Com., June 3, 1834. Dissenters. A similar case. 1833. 7. A minister in Jamaica having applied for admission, the Presbytery of Edinburgh were authorised to take such trial of his gifts and qualifications as they might deem necessary, and, on being satisfied therewith, to receive him as a minister in connection and communion with the Church of Scotland in the colonies, it being expressly understood and provided that he should not be considered as eligible for a charge in Scotland. 1848. 13. A Presbyterian minister at New York having applied for admission, the Assembly found that they could not, con- sistently with the existing laws of the Church, comply with the prayer of the petition. 1835. 4. Overture for reunion with the original Seceders ad- hering to the standards of the Church of Scotland passed into a standing law of the Church. 1839. viii. See also 1856, ult. ; 1858. 13; 1859, ult.; 1860. 12, 14; 1861. 13, ult. ; 1862. 3, u, cicm multis aliis. Dissenting Meeting-Houses. Declared that the performance of Divine service, or any part of public worship or service, by ministers of this Church, in meeting houses of Dissent- ers, is highly irregular and unconstitutional, and ought on no occasion to take place, except in cases in which, from the peculiar circumstances of a parish, its minister may find it occasionally necessary for conducting the ordinary religious instruction of his people. 1818. 9. Distillation. Anent illicit distillation, the Assembly, fully aware of its fatal consequences, appointed a committee to devise and adopt every means for putting a stop to so great an evil. 1820. 9. Divine Worship. See Worship. Divinity. Abstract of the Acts of Assembly in force in regard to the study of divinity, the licensing of students, and pro- bationers, transmitted as an overture to presbyteries. 1856. X.; 1856. 14. Professors of divinity recommended to use their best endeavours to have the students under their care made well ac- quainted with the true method of preaching the Gospel. 1736. 7. 102 DIV — DOC Divinity. Enacted that if a preacher of the Gospel be nomi- nated a professor of divinity or ecclesiastical history, or biblical criticism or Hebrew, he shall, previous to his in- duction, be taken on trials by the presbytery within the bounds of which the university lies, and, if found qualified, ordained. 1838. xii. — '■ Committee appointed to consider and report anent the curriculum of divinity. 1862. ii. The Commission instructed to take into their con- sideration a deed of the University of St Andrews, in admitting to the degree of doctor of divinity a person not of the communion of this Church. 1726. ii. Divinity Hall. See Students. Divisions. An Act for preventing division and promoting peace and unity in the Church. 1714. viii. ; 1715. vi. Committee appointed for considermg representations from the south and west concerning some ministers who are alleged guilty of divisive courses. 1714. 4. An Act for prosecuting some who, professing to be Presbyterians, do separate from this Church, and an ap- pointment concerning papists and episcopal intruders. 1715. XV. Division of Parishes. Committee appointed to consider what steps ought to be taken for removing the difficulties in re- gard to Act 7 and 8 Victoriae, cap. 44, for facilitating the disjoining or dividing of extensive or populous j)arishes. 1858, ult. 1843. 6. Conmiittee discharged. 1861, ult. Doctrine. All persons discharged from disseminating errone- ous doctrine, particularly from venting any Arminian or Socinian errors. 1704. 12. An Act for preserving purity of doctrine : enacted that no minister shall print or disperse in writing any catechism without the allowance of the presbytery of the bounds and of the Commission. 1710. xii. Professor Simpson of Glasgow charged with propagat- ing erroneous doctrine. 1714. A committee of thirty ministers and six ruling elders, twenty-one being a quorum, appointed to meet in Edin- burgh, with power to make inquiry into whatever may be necessary for preserving and maintaining the purity of the 103 DOC — DUN doctrine of this Church. 1715. viii.; 1717. ix.; 1727. X.; 1728. ix.; 1729. vi. Doctrine. A probationer's licence declared null because of his errors in doctrine, 1714, ult. ' An Act and recommendation for preserving unity and preventing error within the Church. 1735. vii. Found to be incompetent to institute an inquiry into the soundness of a presentee's doctrine immediately after sustaining his presentation. 1830. 5. Ministers recommended punctually to observe the Acts of former General Assemblies for preaching catecheti- cal doctrine. 1720. viii. An Act concerning preaching. 1736. vii.; 1737. v. An Act concerning Mr William Leechman, professor of divinity in the College of Glasgow. 1744. ix. The Commission instructed to notice any misrepre- sentations that may be made, either at home or abroad, of the doctrine, worship, or constitution of this Church, and to take all proper methods for the vindication thereof. 1709. x. Eecommended to all ministers and teachers of divinity to be cautious in their preaching, teaching, or writing, not to use doubtful expressions, or propositions, which may be construed in an erroneous sense, or lead the hearers or read- ers into error, however sound such words or propositions may be in themselves, or however well intended, but to hold fast the form of sound words. 1736. x. Drunkenness. A committee appointed to inquire into the most effectual means for correcting the evil of intemper- ance. 1848. 12. Which committee gave in a very full report. 1849. 9. A pastoral address on the subject of drunkenness is- sued, and ordered to be read from all the pulpits. 1850, ult. Dundee. An Act joining the Presbytery of Dundee to the Synod of Fife, pro tempore. 1694. 2. A committee appointed to consider and report on a petition from the Presbytery of Dundee regarding the posi- tion of the Church there, in consequence of the refusal of the town-council, as heritors, to provdde suitable stipends to the ministers. The Assembly approved of the report of said committee, sympathised with the presbytery of 104 DUN — EDI Dundee, and exhorted them to maintain, by all proper and constitutional measures, the rights and interests of the Church in Dundee, and the independence of its ministers there. 1851. 13, Dundee. /See Annual Reports of Committee. Dunkeld. Certain parishes disjoined from the Presbytery of Dunkeld, and erected into the Presbytery of Weem. 1836. vii. Dutch. Letter to the Dutch Churches read and approved. Com., May 31, 1838. E Edict. IVlien a presentee has been appointed to preach in a vacant church, intimation of the days of such preaching to be given to the congregation on the Lord's Day preceding, by edictal notice under the authority of the presbytery. 1862. vii. 4. In the admission of a minister, the presbytery shall in every case appoint one of their number to preach in the vacant church on a Lord's Day, at least ten free days from the day fixed for such admission, and to intimate the same from the pulpit, by reading an edict in the form prescribed. 1862. vii. 15. When a presbytery have resolved to hold a presby- terial visitation ia any parish, they shall cause an edict to be served from the pulpit intimating the same, at least ten free days preceding the visitation, and summoning the parties interested to attend. 1706. xvi. In a case of complaint relative to informalities in serving the edict for the admission of a minister, the Assembly sustained the complaint, and remitted to the presbytery to serve the edict anew in due form, and pro- ceed to the settlement with all convenient speed. 1834. 9. In the ordination of elders, the edict was served on the 15th of May, and the ordination took place on the 22d of the same month. A complaint was taken on the ground that ten days had not intervened. The Assembly dismissed the appeal, and declared the ordination valid. 1843. 8. Edict. See Elders. 105 EDI — EDU Edinburgh. A special diet for prayer appointed to be kept by the members of Assembly, on account of the sad and astonishing conflagration that fell out on Saturday the 3d February 1700, in the Parliament Close. 1700. 5. Enacted that the Presbytery of Edinburgh shall in time coming su]3ply the churches of their commissioners to the General Assembly, and not trouble the Assembly there- with. 1709. 6. Edinburgh Castle. A committee appointed to consider a re- ference from the Presbytery of Edinburgh for advice whether or not the minister of the Castle of Edinburgh should be received and admitted a member of said presbytery ; having recommended that he should, he was, by a judgment of the 23resbytery, afiirmed by the synod and approved by the Assembly; received and admitted accordingly. 1751. 7,9; 1752. 7. An overture from the Presbytery of Haddington anent the chaplain of the Castle of Edinburgh, dismissed. 1764. 8. The garrison chaplain having claimed to be regarded as a parish minister, and as such entitled to enjoy and exercise all the rights and privileges of the ofiice, on the ground that the Castle of Edinburgh had anciently been recognised as a separate parish, the Assembly appointed a committee to exa- mine diligently into the whole matter and report. 1841, ult. Com., June 2, 1840. Education. Kecommended to presbyteries to take special notice what Papists are in tlieir bounds, take pains to re- claim them, and advert how their children are educated, 1690. vii. Presbyteries recommended to advert to the education of young noblemen, gentlemen, and others, children of Popish parents, and to put the laws thereanent in execution. 1695. ix. Act anent erecting schools in the Highlands, ap- pointing a voluntary contribution or subscription to be made throughout the Church for that purpose, and requir- ing presbyteries to send in an account of what parishes want schools, and the reason of their wanting them, and of what places most need, and are most convenient for erect- ing schools. 1704. xiv. ; 1707. v. 106 EDU Education. An Act and recommendation respecting the religi- ous education of youth, appointing the Holy Bible to be read as a regular exercise in all schools — the Shorter Catechism to be committed and frequently repeated — ministers from time to time to visit and examine the schools in their re- spective parishes — presbyteries to examine all the schools within their bounds at least once every year — and a copy of the Act to be sent to every minister and parochial school- master. 1794. ix. Eeport regarding the state of education in Scotland ordered at the request of Henry Brougham, Esq. 1818. 6 ; 1818, ult. Committee appointed to devise a plan for increasing the means of education and religious instruction throughout Scotland in general, particularly in the Highlands and Is- lands, and in large and populous towns. 1824. 7. Report of the Education Committee adopted, and a general collection ordered throughout the Church for carry- ing it into effect. 1825, ult. A very full and interesting report given in by Dr Baird. Ministers of presbytery seats appointed members of committee. 1826. 4. A narrative of the rise and progress of the General Assembly's Education Scheme ordered to be prepared for preservation among the records of the Church. 1827. 8. A full statistical report given in by Dr Baird. 1833, ult. .£6000 voted by Parliament towards the permanent endowTnent of a school in each of the forty-one parliamen- tary church districts. 1837. A committee appointed to guard against any attempts in reference to our educational system by which religion may be separated from science, and to use every constitu- tional means for strengthening the connection between the Church, the universities, and established seminaries of Scot- land. 1837. 8. .£2800 sent from India and Berbice for the relief of destitution in the Highlands and Islands. If not needed for that purpose, to be applied in aid of the General As- sembly's Education Scheme. 1838. 8. 107 EDU Education. Address to Her Majesty and petition to Parliament against the Government plan of education by parliamentary grants nnder the superintendence of a Committee of the Privy Council, and a letter in reply from Lord John Russell. Com., Aug. 14, 1839 ; Nov. 20, 1839. Resolved that there appear no grounds for rejecting the proposed grants by Government on the conditions ex- plained in the communications received from the Pri\7" Council Board. 1840. 8. The Assemblv record their grateful acknowledgment of the liberality of Government in promoting education in Scotland, and especially for the pledge given that no inspec- tor of the schools which are in connection with the Church of Scotland shall be appointed without the concurrence and approbation of the General Asseml^ly. 1841. ii. Committee instructed to give encouragement to female schools. 1844. 16. The conditions on which Government aid was offered, declared to be such as the Church might accejit without any- compromise of her right of superintendence, and teachers recommended to apply for that aid. 1849. 4. Dr Muir resigns the convenership. 1849. 8 and 9. A protest, declaration, and testimony on the subject of national education. 1849. ix. Notes prepared by the Committee on Parochial Schools relative to education in Scotland, approved of by the As- sembly. 1851. 3, 10. A digest or abstract of the returns from presbyteries of the state of education within their bounds, ordered to be printed. 1851. 6. The Committee instructed to commmiicate with Gov- ernment with the view of obtaining such a legislative enact- ment as "will meet the educational wants of the country. 1852. 9. A department for the industrial instruction of male students, established in the Edinburgh Normal Schools. 1853. 3. A memorial to Her Majesty, and petitions to Parlia- ment, against a bill introduced by the Lords, entitled " A Bill to make further provision for the education of the 108 EDU — ELD people in Scotland, and to amend the laws relating thereto." Com., March 22, 1854. Education. Eesolved to petition Parliament against the Lord Advocate's Education Bill, and in favour of the bill intro- duced by IVIr Stirling. 1 855. 13. Resolved to petition in the strongest manner against the Lord Advocate's Parochial Schools Bill. 1856. 3 ; 1862. 2. Resolved to petition Parliament to institute an inquiry into the system pursued by the Committee of Council on Education in regard to the selection of lesson -books and text-books. Com., March 3, 1858. Committee appointed to consider how, without inter- fering with the existing schemes of the Church, funds may be raised for enabling the Committee on Education to extend to all their schools the benefit of female industrial instruc- tion. 1860. 6. A committee appointed to represent the Chmxli at a conference proposed to be held in Edinburgh by the Social Science Association, on the subject of National Education. 1861. 14. Resolution relative to the Parochial and Burgh Schools. Act, 24 & 25 Victoriae, chap. 107. 1862. 8. Elders. Ordamed that all elders shall subscribe their appro- bation of the Confession of Faith. 1690. vii. Recommended to ministers and kirk-sessions that none be admitted as ruling elders who do not make conscience of the necessary and unquestionable duty of family worship. 1694. xiii.; 1697. vii. Enacted that all ministers and ruling elders belonging to this national Church subscribe the Confession of Faith as the confession of their faith, according to the Act vii. of Assembly 1690, and the Formula agreed upon in the As- sembly 1694. 1700. xi; 1704. vi. Ordained that no minister or elder be commissioned to the General Assembly but such as usually reside in, or have a relation to, the presbytery, burgh, or university they are conmiissioned from. 1704. vi. Elders enjoined to be faithful in the discharge of their offices, tender and circumspect in their walk, punctual in 109 ELD their attendance upon ordinances, strict in their observance of the Lord's Day, and in regularly keeping up the worship of God in their families. 1722. -ix. Elders. Ordained that in future all commissions given to rul- ing elders as members of Assembly shall bear that the said elders are qualified in every respect according to what is required by Act ix. Assembly 1722. 1724. ix. ; 1737. viii. Presbyteries enjoined to have a strict regard to the Acts of Assembly, especially in choosing of elders to repre- sent them in the General Assembly, and in attesting com- missions of such as are chosen either by themselves, by universities, or by royal burghs. 1727. vii. Ordained that no person shall be ordained an elder vmless he has attained the age of 21 years complete, is a communicant, and an inhabitant of the parish, residing therein at least six weeks annually, or an heritor, or heritor's apparent heir. If only an occasional resident, must produce a certificate, &c. Any city or town in which there are more congregations than one, to be held as one parish in so far as this Act is concerned. 1776. xii. ; 1816. x. Presbytery elders 'to be ordained within two months after the sitting of synod to attend the presbytery, and en- suing synod of the bounds. In case of a death or demission, a new election to be made within one month of the same. 1776. xii. Enacted that no ruling elder shall be deemed qualified to sit as a commissioner in any presbytery, synod, or General Assembly who is not honafide a ruling elder. Every com- missioner to the General Assembly to produce a certificate to that efi^ect from his kirk-session. 1839. xii.; 1840, ult. Retired ministers, not being professors of theology, to be subject to the same regulation regarding a certificate as other elders. 1841. 3, Act anent the election of elders. 1842. x. Act X. Assembly 1842, rescinded. 1846. x. The Assembly disapproved of a synod appointing their elderships to be changed, and condemning the continuing ruling elders for life. 1718. is. The Assembly disapproved of a synod excluding from their deliberations elders who were not constituent mem- 110 ELD bers of a presbytery, when a sentence appealed from was passed by that presbytery, 1730. 13. Elders. A synod having refused to admit as members of synod certain elders of new chosen by their respective sessions to represent them in the presbytery and synod, the Assembly ordered the synod to be rebuked, which was done accord- ingly. 1742. 9. An overture respecting the election of elders trans- mitted to presbyteries for many years, but not passed. 1784. x. A minister found to have acted most unwarrantably and unconstitutionally in presuming to put to persons about to be ordained elders questions different from those implied in the Formula 1694, and by no means adequate to the spirit of that Formula. 1799. 8. The same minister called to the bar of the Assembly, censured and admonished to testify greater respect in future for the Standards of the Church, and the fences \^^.sely pro- vided by our ecclesiastical constitution against dangerous innovations. 1800. 7. Found competent for a kirk-session to select persons to be ordained elders from the congregation attending a chapel of ease within the parish. 1822. 5. A presbytery having prohibited the kirk-session of a burgh from appointing elders from members of their own congregations, who resided beyond the limits of their respec- tive parishes, the Assembly found that the decreet of the presbytery was contrary to the law of the Church, and in- structed the presbytery to alter their decreet, in conformity with this judgment. Com., June 1, 1841. An ordained assistant having ordained elders without the concurrence of his principal, the Assembly found that, as it appeared from the minutes and official documents pro- duced, that the persons denominated elders had not been ordained according to the rules and laws of the Church, their ordination was null and void. 1827. 6. Presbyteries enjoined to use their best and most pru- dent endeavours to have all the parishes within their bounds suitably supplied with elders, and to report tlie state of the kirk-sessioDs under their superintendence to next Assembly. 1825, ult. ; 1827. 9. Ill ELD Elders. Kirk-sessions ordered to return the names of the elders in each kirk- session, mth the dates of their ordination or admission, and their usual places of residence, pointing out the alteration in regard to the number of members in the respective sessions, as compared "vvdth the return obtained in 1828. 1842. 5. Coimnittee appointed to inquire into the state of the eldership. 1843. lo. A kirk-session having refused to allow an elder to vote on the ground that he did not reside within the bounds of the parish, the Assembly reversed the sentences of the Infe- rior Courts, and sustained his right to vote. 1806. 4. Declared that, when a change of residence renders it impossible for an elder to discharge the duties of a member of the kirk-session of that parish in which he formerly re- sided, it is competent for the kirk-session to find that, if he does not, within the space of twelve months, return to reside, he can no longer continue one of their number, and to inti- mate to him by letter that they have come to this resolution. 1806. 7. An elder having refused to sign the Confession of Faith without certain explanations and reservations, the Assembly declared that he was not legally qualified to take any part in the government of this Church, or to perform any other part of the duties of an elder, until he should have subscril)ed simpliciter the Confession of Faith and Formula. 1832. 4. In a case of reference regarding the achnissionof a retired minister as member of the kirk-session of a parish in which he was neither resident, nor possessed any of the alternative qualifications of an elder prescribed in Act x.. Ass. 1816 ; the Assembly remitted the matter to the presbytery of the bounds, with instructions to them to adjudicate therein according to the laws of the Church. 1841. 3. An overture for substituting a more explicit attesta- tion, in place of the bona fide certificate, transmitted to pres- byteries for their consideration. 1854, ult. Re-transmitted 1855, ult, and thrown out by a majority of 93 to 38. 1856, ult. Presbyteries enjoined to inquire into the state of the 112 ELD — ELE eldersliip witliin their bounds, and in case of deficiency in the numbers thereof, to report to next General Assembly the amount and cause thereof. 1858. 12. Elders. A committee appointed to inquire into the state of the eldership, and report. 1860. 3. An abstract of all the Acts in force relating to the eldership transmitted to presbyteries for their consideration, ■with a view to its being passed into a consolidated Act. 1861. 14. An overture transmitted to presbyteries to the effect that, in addition to the qualifications specified in Act x.. Ass. 1816, the following alternative qualification be added, " Or who is a member of the congregation, and a communicant of at least twelve months' standing." 1862. ix. Found that it is umiecessary to transmit an overture anent the admission of an elder already ordained into another kirk-session. 1862. 14. The Assembly refused to transmit to presbyteries an overture anent the ordination of elders for chapels-of-ease. 1862. 14. The Assembly gratefully acknowledged the assistance they had received from the Elders' Wives and Daughters' Association. 1851. 6. See Burgh, Commission, Election. Election. In the election of a principal clerk, the Assembly resolved to proceed with the election at their first diet, imder tliis proviso, that it should be competent to any member to demand a scrutiny of the legality of the votes ; that for this purpose the names of all the members voting, and for whom they voted, should be taken down ; and that, after the scru- tiny, the Assembly should, at an after -diet, declare the elec- tion to have fallen on the person having the majority of legal votes on the roll as purged by the Assembly. 1789. 1. A similar mode adopted in the election of the procura- tor for the Church. 1806. 1. Also m the election of the principal clerk. 1807. 1. Also in the election of a procurator. 1831. 1. Also in the election of an agent for the Church. A motion to the effect that, after it had been ascertained by calling the roll how many voted for each candidate, the in- 113 H ELE dividual who had the smallest number of votes should then be struck off the list, and that this should be rejjeated till the number of candidates was reduced to two, when the decision of the Assembly, as between these two, should be finally taken, and the individual who, at such final vote, had the greatest number of suffrages, declared agent for the Church, having been lost by a majority of 171 to 158. 1837. i. Election. Before proceeding to the election of an agent, the Assembly resolved, in the event of there being more than two candidates, that if, on calling the roll, the votes of a majority of the members present shall not be given in favour of any of the candidates, the name of the candidate having the smallest number of votes shall be struck off from the list, and the roll again called ; and so on till the votes of a ma- jority of the members present be recorded in support of some one of the candidates. 1855. 4. Election of Mr Cook as joint procurator unanimous. 1856. 10. — In the election of a sub-clerk only two candidates pro- posed. 1859. 8. In the election of a sub-clerk, there being four can- didates proposed, the Assembly resolved to adopt a similar mode to that followed in the election of an agent in 1855. 1862. 1. Election of Members of Assembly. Presbyteries enjoin- ed to choose their commissioners for the General Assem- bly a competent time before the sitting thereof — at least forty days — and to choose such ruling elders as may attend. 1698. vi Election to be at least forty days before the meeting of Assembly, and within a month preceding the first of these forty days. The resolution to elect to be made and recorded at least ten days before the day of election. The election to take place on the day fixed, between the hours of one and eight P.M. 1738. vii. Presbyteries enjoined not only to elect their full num- ber of commissioners, but also to be careful to choose such persons as probably can attend. 1718. ix. Election of Elders. A motion, to the effect that the congre- gations of this Church ought to exercise an elective voice in 114 ELE — EMI the choice of their elders, rejected as unconstitutional and inexpedient by a majority of 153 to 131. 1837. 5. Election of Elders. A committee appointed to consider and report on the present state of the eldership, particularly as to what extent it may be advisable to allow greater influence to congregations in the choice of their elders. 1838. 9. ^ An overture transmitted to presbyteries to the effect that, when an addition to the number of elders in a kirk- session had been resolved upon, the whole male communi- cants of the congregation should be invited to give in lists of such members of the congregation, being conununicants, and of full age, as they should choose for the ofiice of the eldership — the nimiber of names in such list being one haK more than the number of elders required — and the kirk- ses- sion to select from those having the most votes the number proposed to be added to the session. 1841, ult. The foresaid overture, having received the consent of a majority of presbyteries, passed uito a law of the Church. 1842. X. Conmiittee appointed to inquire into the state of the eldership), and the working of Act x.. Ass. 1842. 1843. lo. Overtm-e for rescinding Act x.. Ass. 1842, transmitted to presbyteries. 1845. u. An overture and regulations anent the appointment of elders transmitted to presbjrteries. 1845. 14. Which overture, having; received the consent of a majority of presbyteries, was passed into a law of the Church. 1846. x. In the election of additional elders, only a week inter- vened between the serving the edict and the day of ordina- tion, the synod, on a complaint, declared the proceeding of the kirk-session irregular, invalid, and inept. The Assembly reversed the sentence of the synod, and declared the ordina- tion valid. 1843. 8. Elocution. An overture, to the effect that the study of English literature and elocution should form part of the course of training for the ministry, and that every candidate, before receiving licence, should produce a certificate of his having attended such a class, dismissed as inexpedient. 1860, ult. Emigration. The Colonial Committee instructed to pay special 115 END — ENG attention to the emigration at present taking place from this country, with the view of providing the emigrants in their new country with the ministrations of the gospel, and proper teachers, as speedily and extensively as possible. 1837. 5. Endowment. A committee appointed to memorialise Govern- ment in order that such ministers as are or may be admitted to the status of parochial ministers may be fitly and ade- quately endowed. 1834. 9. The Committee on Endowments, the Committee on Church Accommodation, and the Committee on the Subdivi- sion of Parishes, united into one, as a Committee on Church Extension, with Dr Chalmers as convener. 1835. 8. Committee appointed to employ all likely means for obtaining subscriptions, and making application in influen- tial quarters, and sending deputations into the several dis- tricts of the Church, for relieving chapels-of-ease from the disadvantages under which they labour, so that they may as siDeedUy as possible be raised to the full status of parish churches. 1846. 7. In order to bring the objects of the Endowment Com- mittee more fully and adequately under the view of the Church at large, the Assembly appoint this scheme to be put on the same footing with the other five Schemes of the Church, and thus to receive along with them the benefit of an annual general collection. 1849. 3. /See Annual Reports of Endowment Committee. England. An overture anent ministers ordained in England or in foreign j)arts transmitted to presbyteries, but not passed. 1754. 7. A committee appointed to consider a petition from the ministers and elders of the Scots Presbytery in London, and report to next Assembly. 1833. 9. A committee appointed to consider a petition from the ministers and elders of the Scots Presbytery in London, and other similar bodies in England, having recommended that those presbyteries whose ministers were licentiates of the Church of Scotland should be admitted to the following privileges — viz.. That the General Assembly should be their supreme ecclesiastical judicatory, to which they should have the power of reference and appeal, and to which they should 116 ENG be entitled to send one minister and one ruling elder as cor- responding members, such corresponding members, however, to have no vote in the Assembly — on the motion of Lord Moncreiff, the Assembly unanimously rejected the proposal of the committee, as inconsistent with the principles and constitution of the Church of Scotland, and reappointed the committee, with instructions to reconsider wdiat measures might be safely or expediently adopted for the purpose of extending to the members of presbyteries in England the most cordial support and countenance of this Church. 1834, ult. England. The several presbyteries in England recommended to form themselves into one or more synods, as they may see fit, with the assurance that the Assembly would promote their interests by all legal means in their power. 1835, ult. The Sjniod of Lancashire recognised as a branch of the Church of Scotland, to the effect of receiving their members into ministerial communion, and assured that the Assembly would gladly receive from said Synod, and make to them, as occasion offered, communications regarding the wellbemg of their respective Churches, and be ready to aid them with their counsel in matters wherein their advice might be required. 1836. 9. A motion, to the effect of allowing the Synod of the Presbyterian Church in England to be represented in the General Assembly by two ministers and two elders, ne- gatived by a majority of 199 to 57. The Assembly, how- ever, resolved that the two Churches should mutually inter- change friendly communications, by means of deputations to and from their respective judicatories. 1839. 5. The Assembly expressed their gratification at receiving a deputation from the Presbyterian Synod in England, and resolved to maintain with that body the closest relation which the constitution of the Church allowed. 1840. 7. A standing committee appointed for the purpose of corresponding with the Presbyterian Synod in England. 1841. 13. The Synod of the Presbyterian Church in England having repudiated their connection with the Church of Scot- land, the Assembly rescinded the resolution of 1836, by 117 ENG — ENZ whicli said Synod was recognised as a branch of this Church, and appointed a committee to correspond with those minis- ters and congregations in England who maintain said con- nection. 1844. 16. England. Dr Cunmiing and others declared to be the consti- tuted members of the Scots Presbytery of London, in full com- munion with the Church of Scotland, and entitled to all the intercourse, correspondence, and encouragement heretofore afforded to Presbyteries or other church courts within the realm of England. 1845. xvii. The Assembly advised the formation of a presbytery in the west and another in the north of England ; said presbyteries, along with the Scots Presbytery in London, to constitute a Synod in communion with the Church of Scot- land. 1850. 15. The Assembly found that they had jurisdiction over a licentiate of this Church settled in England, against whom a fama had arisen, and appointed the presbytery of which he was a licentiate to proceed against him, and, if necessary, to send a deputation into England for the purpose of taking evidence. Com., June 4, 1840. A doubt having been expressed as to the jurisdiction of the Church over an individual not resident within its bounds, the Assembly asserted its jurisdiction over a minis- ter in England who had been licensed and ordained by a presbytery of this Church, and ordered the presbytery which had ordained him to proceed against him by libel for heresy. 1832, ult. ; 1833, ult. The Assembly resolved to record sentences of deposi- tion or deprivation of licence pronounced against ministers or licentiates of this Church residing in England, by the Scots Presbyterian S}Tiod in England, when reported. 1841, ult. A minister officiating in England deprived of his licence, and declared incapable of receiving a presentation or call to be a minister of any parish or congregation in con- nection with the Church of Scotland. Com,, August 11, 1841. Enzie. Coimnittee named to consider the state of the fund collected for a meeting-house in the Enzie, with instructions to apply £20 of the interest of that fmid in repairing a house 118 ENZ — EPI given by her Grace the Duchess of Gordon to the itinerant preacher in the Enzie, and making it a comfortable place for public worship. 1755. 8. Enzie. All the funds to be accumulated into one sum, and lent out on bond. 1758, ult. The committee instructed to make the best bargain they can anent obtaining the lease of a house for the mis- sionary. 1759. 5. A general collection in aid of the funds. 1767. 6. The committee empowered to conclude a bargain, in consequence of a treaty entered into between the Duke of Gordon and the Presbytery of Fordyce with regard to the lands belonging to the fund. 1778. 4 ; 1779. 6. ' The committee authorised to build a proper churcli. 1784. 9. Found that the committee had exceeded their powers in the appointment of a missionary, and his appointment declared void. 1794. 9. The procurator authorised to grant such conveyance of the lands belonging to the fund as might be found necessary in reference to the disjunction and erection of the church and parish of Enzie under the Act 7 and 8 Vict., cap. 44. 1849, ult. An account of the origin and nature of the fund given in a report by the committee on the funds of the Church, printed along with the Acts. 1841, Appendix. Episcopalians. The Commission instructed to receive into ministerial communion such of the late conform ministers, having qualified themselves according to law, as should apply personally to them, duly and orderly, and should acknowledge, engage, and subscribe upon the end of the Con- fession of Faith, according to a prescribed formula. 1694. xi. Presbyteries seriously recommended to proceed in pro- cesses against ministers with all due circumspection and prudence, and not to censure any minister for not having qualified himself in terms of the Act of Parliament entitled "Act for Settling the Quiet and Peace of the Church," 1694. 12. The Lord High Commissioner intimated to the Assem- bly that it "was evidently convenient, and likewise expected, 119 EPI that if good men applied to them to be assumed, they should receive their application with all charity and moderation." 1695. vii. Episcopalians. A similar course strongly recommended in his Majesty's letter to the Assembly — " You know it is our incli- nation, and we do recommend to you to assume the Episcopal ministers whose lives and doctrine do render them useful to the Church." 1698. ii. Presbyteries enjoined to be very delicate in their pro- ceedings with any of the late conform ministers, in order to their reception into the govermnent, on their applica- tions in terms of the acknowledgment settled by the As- sembly 1694. 1697. xvi. ; 1706. xii. The Commission empowered and recommended, when any of the ministers who served under the late Prelacy ajjplied for reception, to receive them with readiness. 1698. xiii. Mr John M'Calman, one of those that served under the late Prelacy, received into ministerial communion on his signing the Formula. 1699. 14. A petition from certain ministers who served under the late Prelacy, craving to be received into ministerial communion, and a share of the government of the Church, referred to the Commission. 1698. 15. Represented to her Majesty, " as a pregnant instance of moderation," that since the late happy establishment of the Church " there had been taken in and continued hundreds of dissenting ministers upon the easiest terms." 1712. X. An Act anent irregularities conmiitted by vagrant ministers. 1696. xxiii. The Assembly complain to the Queen of the disorderly practices of some of the Episcopal clergy and their abettors. 1703. viii.; 1708. 5; 1714. 4; 1714. xii. The Lord Advocate recommended to assist and concur with presbyteries in checking the irregularities and dis- orders of the Episcopal clergy according to law. 1706. ii. An Act discharging them from exercising discipline. 1715. xiv. Reference to the Commission anent preventing the Episcopal ministers from licensing probationers. 1710. 14. 120 EPI — EKR Episcopalians. Commission empowered to grant all the assist- ance they can for removing the deposed Episcopal ministers from certain parishes in the Presbytery of Dunkeld. 1719. 3. Presbyteries recommended to raise contributions for the relief of a late Episcopal minister. 1708. 5. The minister of Kirriemuir allowed the expenses of his process for removing the intruder, and getting access to his church. 1716. 8. An overture anent the removal of the restrictions which at present attach to Episcopal ministers in Scot- land having been read, the Assembly, while fully alive to everything that might injuriously affect the interests of Pro- testantism, did not feel called on to take special action in the matter referred to, and dismissed the overture, 1857. 13. Erasure. The judicatories of the Church recommended to take special care that the registers be correctly written, and that they allow no blottings or interlinings therein ; and if there'be anythmg blotted out as superfluous, to see that it be marked on the margin how many words or lines are blotted out, and signed by the moderator and clerk, by authority of the judicatory. 1706. 9. A j udgment of a synod reversed as incompetent and lughly irregular, in so far as they appointed the minute of a preceding synod to be erased from the record. 1817. 7. It having been objected to a commission that the place and date were written on an erasure, the Assembly allowed proof that the place and date as altered were cor- rect, and sustained the commission. 1847. 3. Erection of New Parishes. An overture anent the erection of new parishes in the Highlands and Islands referred to a committee, with power to apply to the Board of Trustees of Annexed Estates, and to take such other steps as they should think most effectual for obtaming the end proposed. 1778, ult; 1782, ult.; 1784, ult. The Assembly renewed their instructions to their committee to repeat their application for an appropriation of part of the money arising from the restoration of the for- feited estates, and to take every measure that may appear to them proper for attaining that valuable object. 1785. 9. Erroneous Doctrine. All persons discharged from preaching 121 ERE — EXC or disseminating any erroneous doctrine opposite to any head or article of the Confession of Faith. 1704. xii. Erroneous Doctrine. All ministers of the Church recommend- ed to be careful to guard against the spreading of any errors contrary to our standards of doctrine, particularly 'such as strike against the fundamentals of our holy religion. 1731. viii. An Act and recommendation for preserving unity and preventing error within the Church. 1736. vii. Erskine. Act and sentence concerning Mr Ebenezer Erskine, and some other ministers adhering to his protest, for their contempt of the authority of the General Assembly. 1733. vii. 11; 1734. viii. 9; 1738. iv. 4; 1739. iv. 3; 1740. iv. 7. Estates Forfeited. The Society for the Propagation of Cliris- tian Knowledge recommended to use their best endeavours for having the sum of £20,000 appointed by Act of Parlia- ment, 4 Geo. 1., entitled " Act for Vesting the Forfeited Estates in Trustees," &c., to be paid out of the forfeited estates, for maintaining schools in the Highlands and Islands of Scotland, made effectual. 1732. 8. Examination. Order and injunction of the General Assembly to the presbyteries of the Church concerning the examina- tion of schools. 1819. viii. See Students. Excommunication. Intimation of a sentence of excommuni- cation ordered to be made throughout all the churches of the presbytery of the bounds ; thereafter, if the party con- tinue obstinate, in all the churches within the bounds of the synod ; and finally, if need be, in all the churches of the kingdom: and in making such intimation, ministers are enjoined to hold forth the sad state of excommunicate per- sons, and inform their people how to carry themselves to- wards them. 1704. ix. Concerning processes in order to excommunication, see Form of Process. 1707. xi., chap. viii. Sentence of the greater excommunication having been pronounced by the Presbytery of Edinburgh against two several parties, the Assembly ordered said sentences to be intimated from the pulpits of all the churches within Scot- land. 1743, ult. Similar cases: 1745. 9; 1719, ult; 1723. 13, &c. &c. 122 EXC — EXT Excommunication. A presbytery liaving pronounced a sen- tence of the lesser excommunication against a party, the Assembly, on appeal, disapproved of the conduct of the presbytery in pronouncing that severe sentence, and in- structed them to proceed in the exercise of discipline "with discretion and tenderness. Com., May 29, 1832. In a similar case the Assembly annulled the whole proceedings in the kirk-session and presbytery, and ordered them to be expunged from the minutes as precipitate, irre- gular, and illegal. 1824. 9. Exercise and Addition. Presbyteries earnestly recommended to set up the use of exercise and addition. 1694. xvii. The mode of conducting the exercise and addition described in the larger overtures concerning the discipline and method of procedure in the ecclesiastical judicatories of the Church. 1705. Chap. iii. 12. See Students. Exculpation. An overture for repealing that part of the form of process relating to the exculpation offered by the defender in a cause transmitted to presbyteries for several years, but not passed. 1762, ult. Expunging Minutes. Declared that when a minute is ordered to be exj)unged from the record by order of a superior court, it must be done so as to render it illegible. Com., May 31, 1837; 1819. 9. Extension. See Church Extension. Extracts. Found that a party is entitled to full extracts of everything on the record relating to his cause, but no partial extracts ; and if he ask papers that lie in retentis, he may have attested copies thereof. 1783, ult. On a reference for advice with respect to the gi^^ing a party extracts from the record, the Assembly unanimously appointed the presbytery to furnish him with extracts of all the proceedings relating to his case. 1818, ult. ; 1828. 7; 1835. 10; 1822. 4. A sentence of a presbytery refusing extracts to a party in a cause determined some years before, imanimously affirmed. 1808. 6. A party having been excommunicated by a presbytery for contumacy, some weeks after the sentence was pro- 123 EXT noimced, applied, through a law agent, for extracts of the whole proceedings in his case ; which having been refused, he applied to the sheriff to compel the presbytery^ to furnish him Tvdth said extracts. An order having been served on the presbytery to that effect, they lodged a formal declina- ture of the sheriff's jurisdiction, and referred the matter to the Assembly for advice. The Assembly approved of the conduct of the presbytery in declining the jurisdiction of the sheriff in this case, and remitted to them to grant the extracts. Com., June 2, 1842. Extracts. In a process of libel the presbytery refused to the prosecutor extracts of certain documents in their possession, which he alleged were necessary for the prosecution of the libel, on the ground that a pledge had been given by the presbytery to the defender that said documents should not be used as evidence against him in the superior courts. The Assembly found the prosecutor entitled to extracts and attested copies of all the minutes and documents in the case, and ordered the presbytery to furnish them accordingly. 1845. 8. A party in a cause refused to plead before a synod, on the ground that he had not received the extract minutes of presbytery in due time. The synod found that, as the sum- mons, which had been served on the party ten days before the meeting of synod, bore that the clerk was instructed to furnish him with extracts on his applying for them, there was nothing in the objection to prevent them from taking up the case ; which finding, on appeal, was affirmed by the Assembly. 1828. 6. In an appeal case, a clerk of synod ordered to trans- mit extracts of the proceedings of presbytery in his posses- sion, bearing upon the case before the Assembly. 1824. 6. A complainant having produced no extracts of the proceedings in the Inferior Court, the Assembly found that there was no case before them. 1746. lo; 1833. 5. An overture anent the printing of extracts referred to the committee on the form of process. 1831, ult. Extracts from jottings signed by the clerk, but not attested by the moderator, held not to be of authority ; and that the minutes must be extended, engrossed, revised, and 124 EXT — EVI signed by the moderator in name of the court before they can be considered the record. 1834. 4. Extracts. The x^arties in a complaint having applied for the original jottings from which the minutes were made up to enable them to substantiate their complaints, and been refused by the presbytery, the Assembly found that they were entitled to be put in possession of said jottings. 1812. 9. A party interested in a cause about to come before the Assembly, petitioned the Assembly to issue their warrant on the presbytery to furnish him ^dth the jottings of said presbytery. The Assembly refused the prayer of the peti- tion. 1823. 4. Enacted that along with applications for transmission to the Assembly of appeals, or of dissents and complaints against the judgments of inferior courts, there shall be pro- duced an extract of the judgment complained of, and an extract or certified copy of the reasons of appeal, or of dis- sent and complaint, with all documents or copies, certified by the clerk to be correct copies of all the documents form- ing part of the record in the Inferior Court : and that the record shall be held to consist of the entire mmutes of the inferior courts in relation to the cause, and of the evidence, whether parole or documentary, adduced in the same, whe- ther engrossed in the minutes or lodged in the Inferior Coiu't, and kept in retentis. 1859. xii., chap, ii., 18, 19. Evidence. Found that it is competent for ecclesiastical courts to receive the evidence of near relations of the parties, but that such evidence ought to be received cum nota. 1779. 8. A presbytery authorised to grant commission to any presbytery of the Church to take the evidence of any wit- nesses residing in their respective bounds. 1785. 5. In a reference respecting the admissibility of a wit- ness, the Assembly found the objections against the admissi- bility irrelevant, but recommended the presbytery to receive the evidence of the witness cutyi nota. 1801. 4. Evidence, Hearsay. A kirk -session having rejected the evidence of certain witnesses on account of its being hear- say evidence, the synod remitted the case to the kirk- session, with instructions to examine said witnesses ; but the 125 EVI — FAM Assembly, on appeal, reversed the sentence of the synod, and affirmed that of the kirk-session. 1805. 9. Evidence, Extrajudicial. A presbytery having been peti- tioned to inquire into certain circumstances affecting the character of a minister, and as two individuals cognisant of these circumstances were about to leave the country, having been further petitioned to take the evidence of these parties, to seal it up and keep it in retentis, to be made available, if necessary, in the future proceedings in the case ; the pres- bytery granted the petition, and examined the witnesses. But the Assembly, on appeal, reversed their judgment, and found that they had acted irregularly in taking evidence in absence of any specific charge having been made, and before any libel had been served. 1834. 5. Evidences of Religion. The Assembly approved of the report of the committee on the superintendence of the reli- gious training of the youths connected with the Church of Scotland at the universities, recommending the establish- ment of lectureships on the evidences of religion. 1861, ult. Eyemouth. The Assembly, on the report of a committee, approved of the principle of having the vicarage teinds of the parish of Eyemouth commuted on fair and equitable terms under the authority of an Act of Parliament, and authorised the committee to consent to any bill founded upon that principle. 1862. 12. F Falsehood as a charge in a libel found proven, the minister deposed, and his church declared vacant. 1746. 6; 1846. 6 ; 1851. 5. Fama Clamosa. When a fama is clamant and the scandal great, a presbytery may begin a process without any accuser, but must first inquire into the rise, occasion, broachers, and grounds of the fama. 1707. xi., chap, vii,, 3. Family Worship. Ordained that the ministers and elders in each congregation take care that the worship of God be performed in the several families thereof, and that none be 126 FAM — FAS ruling elders who make not conscience of tMs necessary and unquestionable duty. 1694. xiii. Family Worship. Ordained that elders and deacons who neglect to worship God in their families shall be seriously admonished to amend — if need be, rebuked ; and if obsti- nate in their neglect, removed from their office. 1697. vii. Presbyteries earnestly recommended to use their utmost endeavours that the worship of God be set up and performed in all its parts in the families within their bounds. 1711. vii.; 1819. vi. A pastoral letter on the subject of family worship issued by the Assembly, and ordered to be read from all the pulpits of the Church. 1836, ult. Private families recommended that, in their religious exercises in singing the praises of God, they go on without the intermission of reading each line. 1746. viii. Family Visitation. All the families in a parish to be visited by the minister, accompanied by the district elder, once a-year ; names of the several members of each family to be taken down, distinguishing those who can read, those who are examinable, and those who have recently come into the parish bringing certificates from other parishes. The mini- ster to speak privately to the master and mistress ; to exhort them to observe the worship of God in their family ; to see that their children are properly educated, and that they and the servants attend public worship and observe the Lord's day ; and to inquire who have communicated, and if any want Bibles. 1708. lo. Fasts. A solemn national fast and humiliation appointed for the late and present defections" of this Church and kingdom. The causes set forth at length, 1690. xii. For the lamentable stroke of dearth and unseasonable weather in seed-time and harvest. 1699. vi. For the continuance of the pinching dearth, the great and unusual sickness and mortality, the failure of the Afri- can and Indian Company's colony, a stupendous burning of great part of Edinburgh, and the woeful heart-plagues of impenitency and insincerity. 1700. v.; 1701. ix. For the unseasonableness of the weather in seed-time, and many other weighty grounds. 1704. xxvi. 127 FAS Fasts. For the long continuance of a wasting and desolating war, with special reference to the present state of affairs at home and abroad. 1705. xvii. For the continuance of the bloody war, the increase of Popery and profaneness, and the decay of trade ; and to pray for divine guidance to the commissioners appomted to treat of a union with England. 1706. xix. For unseasonable weather in seed-tune, and threatened dearth ; mortality among flocks and cattle, and many spiri- tual plagues. 1709. viii. On account of great and crying sins, errors, and dread- ful delusions. 1710. vi. For national defection and immorality. 1722. v. On account of the war and famine. 1741. iv, On the declaration of the war against France. 1756. Yl. For the prevailing sins of the land. 1835. xxi. On account of the present circumstances of the Church. 1841. ix. ; 1842. xxx. On account of the distresses prevailing in this and in other nations. 1848. viii. A call for humiliation and prayer on accoimt of the fearful judgment of war. Com., March 1, 1854. — The Assembly appointed a fast to be observed in the month of March, and applied to the Privy Council for their civil sanction, leaving it to their lordships to name the day. 1699. vi.; 1700. v. Fast appointed, and the day fixed by the Assembly. 1701. ix. Fast appointed, but left to the several sjoiods and presbyteries to fix the day to be observed witliin their respective bounds. 1704. xxvi. Resolution of the General Assembly with respect to the keeping of a fast. 1783. vii. Presbyteries recommended to take notice of all mini- sters within their bounds who do not observe fasts and thanksgivings indicated by the Church. 1690. vi. ; 1710. vii. Presbyteries ordained at their first meeting after every fast and thanksgiving, whether appointed by the Church or 128 FAS — FEE tlie supreme magistrate, to call the several bretliren witliin. their bounds to an account how they have observed the same. 1722. 3. Fasts. The Commission instructed to apply to the Crown for the civil sanction to fasts and thanksgivings appointed by the Church. 1708. ix. Fees. Declared that the dues which were in use to be paid ever since the Revolution to the clerks of tlie Assembly by the commissioners from presbyteries, &c., at delivering in their commissions, do belong to the clerks, and ought to be punctually paid. 1746. 6. Remitted to the procurator and agent to select a case in which payment of tlie fees due to presbytery and synod clerks had been refused, and to obtain a decision thereon at the public expense. 1802. 4. A reference respecting precentors' and session-clerks' fees remitted for consideration to the procurator and agent for the Chiu^ch. 1805. 9. Committee appointed to consider and report anent the fees payable to presbytery and synod clerks. 1815. 9 ; 1825, ult; 1827. 9. Found that a presbytery clerk was not entitled to with- hold a commission to the General Assembly in favour of a burgh elder on the ground that said elder had not paid the usual fee. 1825. 3. Ordained that no fees shall be exigible on presenting petitions to the Assembly on general subjects. 1842. xxvi. The practice of ministers connected with this Church, in certain colonies, receiving fees for administering the sacra- ment of baptism declared to be inconsistent with the prin- ciples of the Church. 1840. 3. An overture to do away with fees in theological classes as an infringement of the rights and privileges of the Church introduced, and, after discussion, dismissed. 1830. 9. A committee appointed to consider what are or ought to be the duties of the several office-bearers of the Assembly, and also to regulate the fees to be paid for extracts, and all matters relating to the conduct of business. 1837. i. Report of committee aforesaid. 1837, ult. Committee appointed to consider the nature of the 129 I FEE — FIF duties which have hitherto been discharged by the clerks of Assembly with the assistance of the agent for the Church, with the emoluments received by them, and how far any change should be made on one or other of them. 1859. 1. Fees. Report of committee aforesaid. 1859, page 43. Fellowship Meetings. A sentence of the Synod of Suther- land and Caithness discharging fellowship meetings of the ministers and people that had been usually held in that cor- ner of the Church reversed, and every minister allowed to attend said meetings or not as he might see cause. Com., June 6, 1758. Fiars. Committee appointed, with instructions to take such steps as to them might seem proper, for obtaining an equi- table mode of striking the fiars, either by a new Act of Sede- runt or by legislative enactment. 1807. 9. Committee appointed to communicate with the Lord Advocate for the purpose of obtaining some legislative mea- sure for fixing the method of striking the fiars of grain and meal. 1808. 8. Procurator instructed to select a proper case respecting the mode of striking the fiars of grain to be tried before the competent court. 1813, ult. Appointed that the Fiars Committee shall be an open committee. 1822, ult. Committee instructed to consult with the proper authorities with a view to arrive at a mode of payment of stipend which might do away with the inconveniences at- tending the annual computations of the fiars prices, either by making the average fiars of Linlithgow a general average for all Scotland, or by taking a general average every twenty- one years, to be held as the rule of payment for the succeed- ing twenty-one years. 1832, ult. Committee instructed to prepare draft of a bill for im- proving the mode of striking the fiars, to be introduced into Parliament by the Lord Advocate. 1834, ult. See Annual Reports of Committee on Fiars. Fife Synod. The register of the synod ordered to be tran- scribed. 1698. 14. The old registers of the sjrnod being found by Mr Bell 130 FIF — FIN at Gladsmuir, were delivered up to tlie clerk of synod in presence of the Assembly. 1708. 9. Fife Synod. The day of meeting changed from the first to the second Wednesday of October. 1776. x. The day of meeting changed from second Wednesday to second Tuesday of October, 1777. viii. Fines. Kirk-sessions discharged from receiving or exacting pecuniary fines from delinquents in cases of discipline, or from even adverting to such a subject in their presence, leaving it to the curators of the poor's funds in each parish to adopt such measures as they may deem proper. 1837, ult. Finance. Acts anent the right application of the money granted by Her Majesty for defraying the public charges of the Church. 1712. vii.; 1719. viii.; 1723. viii.; 1761. v. All applications for a share of the public money to be transmitted to the agent for the Church on or before the 1st of May yearly. 1763. vi. A general contribution recommended in aid of the public funds of the Church. 1810. x. An amiual contribution of 5s. from each minister recommended. 1816. xi. ; 1812, ult. The Connnittee reportetl the various steps taken for the augmentation of the funds, and that money had been granted by the Treasury for payment of the debts of the Church. 1809. 8.. A collector to be appointed in each presbytery for collecting subscriptions. 1813, ult. ; 1814. 9. An abstract of the receipts and expenditure ordered to be published annually along with the Acts of Assembly ; and a state of the processes, carried on at the expense of the Church, to be laid on the table on the first Monday of the Assembly. 1825. 9. Ministers earnestly recommenced to be zealous in raising the minimum contribution of 10s. in their respec- tive parishes. 1835, ult. ; 1847. 8; 1853. 4. A full report given in, and ordered to be printed and transmitted to all the presbyteries of the Church 1856, ult. A collection recommended in all churches and chapels 131 FIN — FOR in aid of the funds for liquidating the debt which has been accumulated chiefly in connection with public measures recently before Parliament. 1854. 13. Finance. Resolved that all accounts with which the Church is connected shall every year be brought to a balance on the 15tli April — audited and reported to the Assembly; and that a general abstract of the whole shall be printed along with the Acts. 1840. 9. A full report given as to the state of all the funds. 1841. A^ypendix. The following may be quoted as examples of a few out of many instances in which aid was formerly given out of the public funds of the Church — ^viz. : In a j)i'ocess against heritors to compel them to make a parish church a commodious place of public worship. 1801. 9. In a process of augmentation. 1801. 9. In a process for repairs on a manse, and rebuilding offices. 1802. 9. In a process respecting the valuation of a parish. 1801. 9. For obtaining, at the public expense, a decision in the civil courts on a preliminary point relative to the improvement of glebes. 1803. 4. For carrying on, at the public expense, a case appearing to involve a general question not yet fully settled respecting the mode of declaring a manse free. 1815, ult. Fire. A diet for prayer appointed on account of the sad and astonishing conflagration that fell out on Saturday, the 3d February 1700, in the Parliament Close. 1700. s. Several registers and papers belonging to the Church lost by the dreadful fire which happened in the Lawnmarket of Edinburgh on the 28th October 1701. 1703. xi. Forbes. Remitted to a committee to consider a petition relative to the Forbes Mortification Fund. 1856. 4; 1858. 4. Foreign Missions. A committee appointed to devise a spe- cific plan for propagating the Gospel among the heathen abroad. 1824. 7. Report of committee highly approved of. 1825, ult. Dr Inglis submitted a scheme for the estabHshment of a missionary institution at Calcutta, which the Assembly 132 FOR higlily approved of, and appointed a committee for carrying it into effect. 1826. 3 and 9. Foreign Missions. The committee authorised to send teachers to India. 1827. 7. Dr Duff, first missionary at Calcutta, being a member of Assembly, communicated an affecting account of the deplorable condition of the native population of India in respect of spiritual privileges, and, at the unanimous request of the Assembly, agreed to publish his address. 1835. 5. See annual reports of the Committee on Propagating the Gospel in Foreign Parts, especially in India. Foreign Ministers. An overture anent ministers ordained in foreign parts transmitted to presbyteries, but not passed. 1754. 7. Foreign Churches. Commission instructed to write letters to foreign! churches. 1696, ult. A committee appointed for corresponding with foreign churches. 1840, ult. See Annual Eeports. Forgery. Forgery of letters held relevant as a charge in a libel. 1767. 9. Form of Commission. The Assembly sanctioned an altera- tion in the printed form, and instructed the clerk accord- ingly. 1808, ult. Universities allowed to print forms for their own use, at their own expense, agreeably to the prescribed form. 1814. 9. Committee appointed to draw up a form of commission for the Church in India. 1818. 3 ; 1845. 15. Revised forms of commissions approved of, and ordered to be transmitted to presbyteries, burghs, and universities. 1827, ult. Committee appointed to prepare a form of commission from kirk-sessions in favour of ruling elders as their repre- sentatives in presbyteries and synods. 1834. 9. See Commissions. Form of Licence. A form of licence to probationers trans- mitted to presbyteries as an overture, but not passed. 1724. 4. Form of Process. Committee appointed to meet and continue 133 FOR togetlier until they have concerted and agreed upon a form of process for regulating the procedure of church judicatories for the future. 1704. xxv. Form of Process. The form of process in the judicatories of the Church of Scotland with relation to scandals and censures, ratified and approved hy the General Assembly. 1707. xi. Committee appointed to revise the form of process. 1785. 8. Sketch of a new form of process approved of hy the Assembly, and transmitted as an overture to all the ministers of the Church. 1786. 6. The overture of 1786 having been disapproved of by a majority of presbyteries, was dismissed. 1787. 8. Committee appointed to consider certain proposed changes on the form of process, and their attention specially directed to the overture of 1786. 1814. 6. Enacted that the Eules of the Form of Process, chap. vii., with respect to informations against ministers, be ex- tended to probationers. 1745. ix. Formula. Prescribed to be signed by such of the late con- forming ministers as, having qualified themselves according to law, shall apply to be admitted into communion with the Chmxh. 1694. xi. To be signed by all such as shall pass trials in order to be licensed, or that shall be ordained ministers or admitted to parishes. 1711. x. Presb}i;eries discharged from using any formula in licen- sing probationers, or admitting or ordaining ministers, but such as has been agreed upon by the General Assembly. 1717. x. Ordained that all elders shall subscribe the Confession of Faith as the confession of their faith, and the Formula agreed upon in the Assembly held in the year 1694, Act xi. p. 6. 1700. xi. An overture transmitted to presbyteries but not passed, proposing that all rulmg elders and deacons should at their ordination subscribe the Formula prescribed by Act X. Assembly 1711. 1724. 14. Declared to be competent for an elder who had not signed the Formula to purge the objection by signing it at the bar of the Assembly. 1769. 3 ; 1788. 3 ; 1754. 3 ; 1809. 3. 134 FOR — FUN Formula. The conduct of a presbytery declared to be unjus- tifiable and deserving of censure, in proceeding to ordain a minister without requiring him to subscribe the Confession of Faith and Formula, as the law and practice of the Church require. 1790. 5. A minister accused of unsound doctrine, declared his willingness to subscribe the Formula at the bar of the Assembly ; and, having subscribed the same, the Assembly found that there was no call for further proceedings. 1807. 5. Fort-William. The Commission instructed to take all pro- per measures for securing a settled salary for a minister in Fort- William, and meanwhile appoint the minister of Kil- mallie to supply the garrison there as frequently as possible. 1726. 10. France. The moderator authorised to answer a letter from certain Protestant ministers in Paris. 1836, ult. The Assembly received a deputation from the Pro- testant Central Evangelical Society of France. 1849. 4 ; 1850. 9. See Eeports of Committee for Corresponding WITH Foreign Churches. Free Days. A presbytery having been cited to appear before the Conmiission, objection w^as taken to the competency on the ground that sufficient inducice had not been given — only six free days intervening between the day of citation and the day of meeting. The Assembly repelled the objec- tion. Com., Dec. 11, 1839. See Commissions. Freedom of Court. A minister allowed £5 out of the funds of the Church to enable him to carry on his defence in a process against him for an alleged freedom upon a person's character, when delivering his opinion as a judge in an ecclesiastical court. 1765. 9. Freedom, Ministerial. Declared that due and regular minis- terial freedom is left entire to all ministers, notwithstanding the decision of the Assembly in Act vii. Assembly 1733. 1735. ix. Funds. The Commission instructed to do what they could for obtaining a certain fixed fund for defraying the public charges of the Church. 1707. lo. 135 FUN — GAE Funds. Report concerning the debts of the Church. 1709, 10, 13. A separate cash-book ordered to be kept. 1710. 14. An Act anent the right application of the money granted by Her Majesty. 1712. ^ii. An Act for sale of the Church's debenture notes in the fund of the equivalent. 1718. is. An Act for the ric^ht management of the Church's public money. 1719. viii. Anent the powers of the agent in the management of the funds. 1741. The Assembly finds the Church's yearly income is ^500 sterling. 1723. 8. Committee appointed to devise means to relieve the Church from pecuniary embarrassments. 1792, ult. Said committee instructed to apply to Government. 1793. 9. See Finance. Gaelic. 3000 Bibles, 1000 New Testaments, and 30,000 Catechisms in the Gaelic or Irish language, procured from London by contribution for distribution in the Highlands. The translation of the Psalms into Gaelic ordered to be expe- dited. 1690. xi. All congregations and families who worship God in the Gaelic or Irish tongue recommended to use a paraphrase of the Psalms in Irish metre, with a translation of the Shorter Catechism appended, emitted by the S}Tiod of Ar- g}de. 1694. XX. The Conmiission instructed to make application to the King and Parliament for some vacant stipends for the encouragement of students having the Irish lanfjuage. 1700. 18. Synods recommended to maintain bursars of theology having the Irish language. 1701. viii, An Act for bestowing bursaries upon students having the Gaelic language. 1704. xiii. ; 1724. 13. Presbyteries discharged from settling in a lowland 136 GAE parish any minister or probationer having the Gaelic lan- guage. All such settled in the lowlands to be transported on receiving a call from a Highland parish. 1708. xi. Gaelic. Act anent probationers having the Gaelic language. 1709. V. A Gaelic missionary appointed to minister to the High- landers in and about Edinburgh who did not understand English, under the superintendence of the Presbytery of Edinburgh. 1710.6; 1748, ult. An Act concerning bursars and students having Irish. 1710.x.; 1711.11; 1712. xii.; 1715. vii. Presbyteries prohibited from planting in lowland con- gregations preachers having Gaelic, or transporting into the lowlands ministers planted in the Highlands, without the sanction of the Assembly. 1716. viii. Eeference to the Commission of an application from Mr David M'Colm, relating to his design of publishing an English and Irish Dictionary. 1735. lo. A petition for Irish Bibles from the Presbytery of Kin- tyre. 1752, ult. Referred to the Commission to consider the best method for having the inconveniences arising from the scarcity of students having the Irish language remedied. 1754, ult; 1756. 8; 1762, ult. A presentee to the parish of Aberfoyle rejected as un- qualified for that parish, from his ignorance of the Gaelic language. 1772. 9. Collection ordered for translating the Bible into the Gaelic language. 1784. 9. An overture anent students having the Gaelic language dismissed. 1787. 9. Principals and professors of divinity to meet with the members of Assembly from presbyteries where the Gaelic language is spoken, to make up a list of Gaelic probationers, and send them to preach in Highland parishes. 1724. 13. Ministers in Highland parishes to preach every Lord's day in English as well as Gaelic. 1756. vii. ; 1829.8; 1848.5; 1831. Standing committee appointed to consider as to the means for procuring the best version of the Scriptures in 137 GAE — GAL Gaelic. The use of every other version prohibited in churches, chapels, missions, and schools, except the editions published by the Society for Propagating Christian Kjiow- ledge. 1816. vi. Gaelic. The quarto edition of the Bible published by the Society, and no other, authorised to be used in public wor- ship. 1826. iv. • No Gaelic preacher to be settled in a lowland parish until he has been a year in the Highlands without getting a call. 1708. xi.; 1716. viii. A presentee to the parish of Little Dunkeld rejected as unqualified from his want of Gaelic. 1825. 5. Want of Gaelic held to be a relevant objection against the settlement of a presentee. 1831. 9 ; 1854. 2 and lo. Reported to the Assembly that two hundred and twenty- eight ministers of the Church use the Gaelic lan- guage in conducting public worship. Report to Ass. 1842. Anent preaching in Gaelic in the Old Church, Rothe- say. Com., June 3, 1835. An overture anent expediting the training of students and the licensing of probationers havmg the Gaelic language, referred to a conmiittee. 1844. 3 ; 1845. lo and is. The Ladies' Association for the support of Gaelic schools cordially welcomed by the Assembly. 1847. 7. The committee authorised to bring before Government the importance of having the publication of editions of the Gaelic Scriptures placed under the same sujDerintendence as editions of the English Bible. 1855. 14 ; 1859. 13 ; 1861. 14. A conmiittee appointed to take into consideration the alleged deficiencies of Gaelic preachers, and the practicability of devising a remedy for the same. 1858. 12. Presbyteries enjoined to be careful, before inducting any presentee to a Gaelic charge, to satisfy themselves of his ability to afford religious instruction to the people in their vernacular tongue. 1860. 14. The Assembly enjoin the continuance of a Gaelic ser- vice in the church of Tain. 1861. 14. Gairloch. An Act erecting the Presbytery of Gairloch. 1724. V. Galloway. The place of meeting of the Synod of Galloway 138 GAR — GLE changed from Wigtown to Newton-Stewart — allowing the synod to adjourn occasionally to Kirkcudbright, Wigtown, Stranraer, or elsewhere. 1776. xi. Garden. Dr George Garden, Aberdeen, deposed for being tainted with the dangerous and blasphemous opinions of M. Antonia Bourignion. 1701. xi. General Assembly. See Assembly. Geneva. An invitation from the company of pastors at Geneva to send a deputation to represent the Church of Scotland at the celebration of the third centenary of the Eeformation, declined with sorrow, on account of the Neologian, Socinian, and infidel opinions prevalent among the Reformed Pro- testant Churches on the Continent. 1835. 3. A letter from the Church at Geneva thereanent. Com., Aug. 12, 1835. Gillespie. An Act deposing Mr Thomas Gillespie, minister at Carnock, for contumacy and disobedience. 1752. iv. A petition from the parishioners of Carnock, praying the Assembly to remove the sentence of deposition from off Mr Thomas Gillespie, refused. 1753. 6 and 7; 1769, ult. ; 1770. 9. A petition from the congregation attached to the chapel occupied by the late Mr Gillespie, praying to be admitted into communion with the Chui^ch of Scotland, remitted to the presbytery. 1775.9; 1776.7; 1777.5; 1778.9. The prayer of the petitioners granted. Regulations re- specting the chapel of ease in Dunfermline. 1779. 8. Recommendation anent buying Mr Patrick Gillespie's book on the Covenant. 1705. 12. Gipps. An Act and declaration for vindication of the Church of Scotland from the calmnny of Thomas Gipps, rector of Bury, in a sermon preached by him. 1698. v. Glasgow. Regulations for a new Gaelic chapel in the city of Glasgow. 1798. 7. The bicentenary of the General Assembly, which met in Glasgow in 1638, commemorated by special devotional exercises. Com., Nov. 21, 1838. Glebes. Presl^yteries enjoined to take an exact account of the extent of the stipend, glebe, grass, and other emoluments be- longing to every minister within their bounds^ and to record 139 GLE the same with accuracy in the presbytery books for the benefit of succeeding incumbents. 1762. viii. Glebes. Synods enjoined to take care that presbyteries strictly obey the aforesaid Act. 1802. viii. An overture anent the enclosing of glebes referred to the Commission to ripen the same. 1765. 5. A special committee appointed to consider the over- tures respecting the improvement of glebes. 1802. 9. The procurator and agent instructed to select a proper case before the civil courts, that a decision might be obtained regarding the improvement of glebes. 1803. 4; 1805, ult. 1809. 9. A report anent the right of ministers to grass glebes and a conmoittee appointed to consider the subject. 1809. 7 ; 1813, ult. Aid granted to enable a minister to prosecute his right to a grass glebe. 1810. 9. Eeport concerning the right of sowing and reaping glebes in vacant parishes. The Assembly considering it a matter of civil right, declined to give any opinion. 1827, ult. A petition from a minister, who had succeeded at law in establishing his right to work the coal on his glebe, crav- ing a grant from the funds of the Church to assist in defraying the expense of the process, refused. 1809. 9. A committee appointed to consider overtures anent feuing glebes. 1791. 7; 1847. The committee recommend the Assembly to endea- vour to obtain a general legislative enactment on the subject of feuing glebes. 1791. 7; 1850. 8; 1854. 13. The committee authorised to get such a measure car- ried through Parliament as soon as possible. 1862. 13. Committee appointed to consider and report on the new Valuation Bill, as it affects manses and glebes. 1854. 8 and 13. Found incompetent to appeal from a presbytery to a superior court against a sentence regarding a glebe, that being a matter of civil right. 1826. 7. Glenelg. The Presbyteries of Gairloch, Abertarff, Skye, and Long Island, erected into the Synod of Glenelg. 1724. v. 140 GLE — GEE Glenelg. Day of meeting of synod changed to tlie Wednesday preceding the opening of Assembly by one month. 1835. xiv. Synod to meet at Broadford and Lochcarron alter- nately. 1811. vii. Day of meeting changed to the third Wednesday of April. 1859. viii. Glenorchy. The Assembly sanctioned an application to Par- liament for an alteration of the rules or institutes of Lady Glenorchy' s Church, Edinburgh, inconsistent with the for- mula of the Church of Scotland. 1837. 3. Gorbals Church, Glasgow. Committee appointed to co- operate in recovering for the inhabitants of Gorbals the large and suitable building which was erected for their use, and the provision for the minister. 1858. 12. Governors of Youth. Ministers to give in an account every half-year to the presbytery what schoolmasters, chaplains, governors, and pedagogues were in their respectiye parishes, that they might be called on to subscribe the Confession of Faith. 1700. x. Graduates. An overture anent the admission of graduates of English miiversities to the divinity halls in the miiversities of Scotland transmitted to presbyteries. 1859. xi. Grant, Parliamentary. A grant from the Treasury for pay- ment of the debts of the Church. 1809. 8. .£20,000 granted by Parliament for the use of the Church of Scotland. 1822. 9. A grant from Parliament for the augmentation of small livings reported to the Assembly, and the thanks of the House given to the Lord Advocate for his counsel and exertions thereanent. 1811. 9. Greek. No student to be licensed as a preacher of the gospel until he has been examined by the presbytery, strictly and privately, on his knowledge of Greek. 1696. xxii. ; 1782. viii.; 1849. xi. An exercise and addition on some portion of the ori- ginal text of the New Testament to be delivered by every student as part of his trials in the divinity hall. 1782. viii. ; and also of his probationary trials. 1849. xi. Greenock. Certain parishes disjoined from the Presbytery of 141 GRE — HEP Paisley and Irvine, and erected into the Presbytery of Greenock. 1834 viii. Greenock. New constitution granted for the Gaelic church, Greenock. 1855. 13. Grievances. Act concerning the grievances of the Church from toleration, patronage, &c. 1715. ix. Commissioners sent to London to petition for redress of the grievance of patronage, and for repeal of the Act of Queen Aime. 1736. vi. The instructions annually given to the Commission to aj)ply, if a favourable opportimity offered, for redress from the grievance of patronage, omitted for the first time. 1784. xii. H Hairdressers. A complaint against the barbers and hair- dressers of Edinburgh for profanation of the Sabbath-day referred to a committee. 1795. 4 and 9. Hanover. Ministers recommended in their public prayers expressly to mention the Princess Sox3hia, Electress and Duchess-Dowager of Hanover. 1711. iv. Hebrew. No student to be licensed until he has satisfied the presbytery as to his proficiency in the Hebrew tongue. 1696. xxii.; 1782. viii.; 1849. xi. Enacted that every student shall attend two sessions on the Hebrew class in one or other of the universities of Scotland. 1833. ix. ; 1849. xi. A critical exercise on some portion of the original text of the Old Testament to be delivered by every theological student in the course of his attendance on the divinity hall. 1836. x. Proceedings connected with the appointment to the Hebrew Chair in the University of Edinburgh. Com., Nov. 17, 1847 ; 1850, ult. An overture anent teaching: Hebrew referred to the committee on the uniform examination of students. 1862. 13. Hepburn. Sentence of deposition pronounced against Mr John Hepburn for divisive courses. 1705. vii. 142 HER — HIG Heresy. A minister deposed for holding and teaching doc- trines, regarding the extent of the atonement and the neces- sity of assurance, inconsistent with the word of God and the Standards of the Church. 1831. 5; 1833. 6; 1841. 5. A probationer deprived of his licence for heretical doctrines regarding the human nature of our Lord Jesus Christ. 1831. 6 ; 1833, ult. A probationer deprived of his licence, he having volun- tarily declared that he did not believe in the whole of the doctrines of the Confession of Faith. 1831. 8. A minister deposed, he having, in a written paper, declared that he considered it sinful in him to have signed the Confession of Faith ; and that, in preaching, he was resolved to be limited by no human authority. 1832. 6. A minister ordered to lay before the synod a sermon preached by him as moderator, which it was alleged con- tained unsound doctrine. The Assembly, on a reference, found that the sermon was not chargeable with unsoundness of doctrine. 1841, ult. Heritors. Enacted and ordained that in all time coming no minister shall make any composition with his heritors with respect to obtaining a decreet of modification and locality for his stipend, but at the sight, and with the advice and consent of, the presbytery of the bounds. 1 759. vi. Eeference to the commission anent disaffected heritors forcing people to frequent meeting-houses. 1715. 12. Highlands. Act anent erecting schools in every parish in the Highlands. 1694. xiv. Petition to the King that vacant stipends should be applied for the support of ministers sent to supply vacant charges. 1695. xv. Overtures for a more expedite planting the north ■^fc)^ approved. 1696. xii.; 1697. xvi. ; 1696. xiv.; 1698. viii. ; 1699. ix.; 1699. xi. ; 1703. ix. ; 1716. viii. Overtures and regulations for promoting the knowledge of God in the Highlands. 1699. xvi. Subscription ordered for erecting schools in the High- lands ; and a return of parishes wanting schools. 1704. xiv. An Act anent libraries in the Highlands. 1704. xvii. 1705. xii. 143 HIG — HUN Highlands. Students, natives of the Highlands, enj oined to ap- ply themselves to the study of Gaelic, that they might qualify themselves for being sent to Highland parishes. 1709. v, Application to the King for part of the rents of the forfeited estates to be applied towards the erection of new parishes in the Highlands. 1765. vi. English schoolmasters to be appointed in all the High- land parishes. 1698. xvii. A committee of ministers connected with the High- lands appointed to meet with a committee of the Society for Propagating Christian Knowledge, to consult about the most proper places for erecting charity schools in the Highlands. 1711. 11. A minister sent by the Trustees of the Forfeited Estates to visit the Western Highlands and Islands to inquire concerning the natural productions, and the state of manu- factures, agriculture, and commerce in those districts; in- structed by the Assembly to inquire also into the state of religion, and the means of instruction there. 1764. 4; 1771, ult. ; 1772. 8. An Act anent the distribution of Bibles in the High- lands. 1690. xi. Ministers and preachers sent to supply vacant churches to be punctually paid out of the funds of the Church. 1715. V. Home Mission. The committees on . church extension, aid to weak congregations, the employment of probationers, and the encouragement of young men to the office of the minis- try, merged into a new committee, to be called the Home Mission Committee. 1842. xviii. See Annual Keports. House-Tax. Intimated by the Moderator that the ministers of the Church of Scotland had been found liable to pay the house-tax. 1793, ult. Hume. The writings of David Hume and Henry Home (Lord Kames), discussed in the Assembly, and an Act passed against infidelity and immorality. 1755. 4. Hunter. A special minute entered on the record as a tribute to the memory of the Eev. Mi Hunter, missionary at Seal- kote, who was murdered in the Indian mutiny. 1858. 13. 144 HUM — IND Humiliation. Days appointed for humiliation and prayer by order of the Assembly : — On account of the sins of the land. 1835, ult. On account of the difficulties of the Church. 1840, ult. On account of the sins and shortcomings of the Church. 1841, ult. On account of the distressed condition of the country. 1842, ult. On account of the afflicted circumstances of the Church. 1843, ult. On account of the famine in Ireland. 1847. ii. On account of the widespread distress in the land. 1848. 3. On account of the breakinjz out of the Crimean war. Com., March 1, 1854. Hymns. Committee appointed to take into consideration the whole subject regarding an addition to the number of para- phrases and hymns already in use. 1852, ult. ; 1855. 7. See Annual Eeports. Immorality. The thanks of the Assembly given to Mr Sheriff Tait for a report on the increase of immorality in rural dis- tricts. 1861, ult. An Act against infidelity and immorality. 1755. iv. Income-Tax. Several overtures having been presented regard- ing the exemption of ministers from the operation of the income-tax, the Assembly found that it was inexpedient to take any further measures upon the subject. 1801. 6. Independence, Spiritual. Resolution anent the spiritual in- dependence and exclusive jurisdiction of the Church of Scotland. 1838. xiv. Index. In an overture transmitted to presbyteries anent the method of making Acts of Assembly, it was proposed that there should be drawn up " an alphabetical list of the printed Acts of Assembly." The overture was passed into a standing law the following year ; but the proposal anent 145 K IND the alphabetical list was not carried into effect. 1699. vi. ; 1700. xvi. Index. Eeferred to the Commission anent printing, in a small volume, all the Acts of Assembly already printed, and an abridgment and alphabetical index thereof for the service of the Church. 1704. is. Indian Company. A petition from the African and Indian Company for ministers referred to the Coimnission. 1699. 16 and 17. Ministers recommended to pray for those sent to re- mote places by said Company. 1699. 17. A letter addressed to the ministers sent out as mis- sionaries to the Company's territories. 1700. vi. Indian Churches. Committee appointed to watch the pro- gress of proceedings in Parliament for renewing the Charter of the East India Company, with a view to the appointment of chaplains in connection with the Church of Scotland. 1812. 4. A constitution given to the Presbyterian Church in India, empowering them to send commissioners to the Gene- ral Assembly. 1814. The right of the commissioners to sit in the Assembly ha^dng been objected to, the Assembly, in respect of the constitution granted to the Church in India in 1814, of the subsequent practice, and all the circumstances of the case, repelled the objection and sustained the commission. 1821. 5. Form of commission prepared for the Church in India. 1818. 3; 1845.15. The f,rst and second ministers of the Church of Scot- land in the several presidencies declared to be collegiate ministers, and co-ordinate in their stations and functions as members of their respective sessions. 1832. 7. The new charter to the East India Company making it imperative that there should be a minister of the Church of Scotland settled at each of the presidencies, the Assembly appointed a committee to accommodate the constitution to the altered circumstances. 1834. 4. The two clergymen at Calcutta, with the ordained missionaries and two elected elders, authorised to meet as 146 IND tlie Presbytery of Calcutta, under the superintendence of the Presbytery of Edinburgh. 1834, ult. Indian Churches. A similar authority given to the kirk-ses- sions of Madras and Bombay. 1837. 7 ; 1848. 6 ; 1854. 4 and 12. Conunittee instructed to procure an increase of chap- lains in connection with the Church of Scotland, correspond- ing to the proposed increase of Episcopalian chaplains. Com., Nov. 18, 1840; Com., March 3, 1841. ■ Petition to the Court of Directors anent the reduction in furloughs and retiring allowances. 1845. 15. Petition to Parliament against the countenance given to idolatrous practices in India. 1838. 9. Chaplains in India authorised to solemnise marriages in the ordinary exercise of ministerial duty. 1817. 9; 1818. 4 ; 1819, ult. Committee appointed to consider the circumstances connected with the approaching expiry and probable re- newal of the East India Company's Charter. 1851. 14; 1852. 10. The Assembly authorise the Presbytery of Edinburgh to grant induction to Mr "Walker as one of the chaplains of Madras, declaring, at the same time, that, under ordinary- circumstances, they would strongly disapprove of opening up the Indian chaplaincies to preachers not regular licen- tiates of this Church, and yet more strongly of the appoint- ment to the office of chaplain of those who have gone out to India as missionaries. Com., March 4, 1859 ; 1859, ult. A collection ordered on the day of public fasting and humiliation appointed by the Queen, in connection with the unhappy mutiny in India, for the many families and indi- viduals reduced by the mutmy to circumstances of indi- gence. 1858, ult. See Annual Reports. India. Intmiation given that the residue of the estate of Peter Bruce, Esq., was to be at the disposal of the Assembly for benevolent purposes. 1822. 9. The opinion of eminent English counsel being unfavourable to the claim of the Church, said claim was finally abandoned. 1823. 9 ; 1838. 4. Indian Education. Resolutions relative to a despatch from the Directors of the East India Company to the Goveriior- 147 TND — INF General of India on the subject of general education in India. 1855. 13; 1856. 6; 1857. ii. India Mission. Committee appointed to devise and report a specific plan for the propagation of the Gospel in India. 1824. 7. Standing committee for the Propagation of the Gospel in Foreign Parts appointed to meet on the first Tuesday of every month. 1835. viii. See Annual Reports. Induction. In Her Majesty's letter to the Assembly, it having been declared that the Church was justly entitled to expect the aid of Parliament m removing any doubts with respect to the right construction of statutes relating to the admission of ministers, the Assembly found it was most desirable that all such doubts should be removed with as little delay as possible. 1843. 7 and 9. A bill to remove doubts respecting the admission of ministers to benefices in that part of the United Kingdom called Scotland, commonly called Lord Aberdeen's Bill, cordially approved of by the Commission, in the hope that it would fulfil the patriotic intention of the Government, by securing the peace and prosperity of the Church. Com., August 9, 1843. An overture and interim Act on the regulations to be observed in the induction of ministers transmitted to presbyteries. 1843. xviii. ; and after numerous alterations and amendments passed into a standing law of the Church. 1856. xii. Resolved that if no specific objection is made, and no intention to object intimated on the day of moderating in the call, it shall not be competent to receive any objections at a subsequent meeting, but such as affect the life or doctrine of the presentee. 1844, ult. ; 1846. 10. Com., May 28, 1844. See Settlements. Infants. An Act concerning the admission of infants to bap- tism, declaring that children of parents, one or both of whom profess the Christian religion, have a right to bap- tism. No other sponsors to be taken than the parents, un- less they be absent, or dead, or unqualified. In the case of 148 INF — INS exposed infants or foundlings, the kirk-session to be sponsors. 1712. iv. Infants. Recommendation to the Commission to consider what method should be taken in the case of exposed infants. 1746. 9. Inferior Courts. An overture proposing to allow the mem- bers of inferior judicatories of the Church to sit, judge, and vote in the superior courts in cases of appeals, as in cases of reference again and again transmitted to presbyteries but never passed into a law. 1754. 9 ; 1773. 9. Anent extracts from the records of inferior courts. See Standing Orders. 1859. xii. is, i9, &c. Infidelity. An Act against infidelity. 1755. iv. Informer. In the case of a process being raised at the instance of a party complaining, if the party cited be found innocent, the informer is to be censured either for his calumny or im- prudence, as the judicatory shall find cause. 1707. xi. ; chap. ii. 8. Infirmary. Recommendation for a voluntary contribution to be applied towards the erecting of an infirmary or hospital, for diseased poor at Edinburgh. 1728. \d. ; 1731. vii. A general collection ordered throughout the Church in aid of the Edinburgh Infirmary. 1804. 7. Innovations. An Act against innovations in the worship of God. 1707. XV. An Act anent the method of passing Acts of Assembly of general concern to the Church, and for preventing inno- vations, commonly called the Barrier Act. 1697. ix. Members of the Church solemnly warned against the rash adoption of changes in the order and form of public worship ; and presbyteries enjoined, when such innovations are reported to them, to inquire into the extent of and reasons assigned for such innovations. 1858, ult. / Declared to be an innovation upon and contrary to the laws and usage of the Church in the celebration of public worship, for the minister to read the prayers from a book, either in manuscript or printed, and the minister enjoined to conform in offering up prayer to the ordinary practice of the Church. 1859. 6 and 7. Insanity. A committee appointed to advise with a presby- 149 INS — INT tery for having the spiritual interests of a parish provided for during the insanity of the minister. Com., June 1, 1858. Insufficiency. A minister deposed for insufficiency. 1704. 12 ; 1707, ult. Intemperance. A committee appointed to make inquiries, and use the most effectual means for correcting the evil of intemperance. 1848. 12 ; which committee gave in a very full report. 1849. 9. Intemperate Language. A minister who had used intem- perate language in a presbytery, having, at the bar of the Assembly, expressed his sincere sorrow and deep contrition, was solemnly admonished by the moderator to guard against any such impropriety in future. 1823, ult. A minister having brought an offensive charge against a co-presbyter, the Assembly found the charge utterly un- warrantable, most uncharitable in spirit, and offensive in language. 1854. 9. Intemperate. In the case of a minister charged with using intemperate language, the Assembly found that the language used by him was most discreditable and highly censurable, and appointed him to be rebuked by the moderator of the presbytery, admonished of the sinfulness of his conduct, and susj)ended from his judicial functions till the meeting of next General Assembly. 1849. 12. Interim Acts. Enacted and ordained that no overture shall be converted into an interim act, which involves an essential alteration of the existing law or practice of the Church, it being of great importance to maintain the Barrier Act in its letter and spirit. 1848. xiv. Intrusion. An Act anent intrusion upon kirks in an illegal and unwarrantable manner. 1694. xvi. Presbyteries enjoined to send in an account of such ministers or preachers as intrude into parishes, that they may be removed according to law. 1701. xviii. Declared that it is and has been, since the Reformation, the principle of this Church, that no minister shall be in- truded into any parish contrary to the will of the congrega- tion. Presbyteries enjoined to be at pains to avoid encour- aging unreasonable exceptions in people against a worthy person that may be proposed to be their minister. 1736. xiv. 150 INT — lEK Intrusion. Declaration of 1736. xiv. renewed, and presbyteries instructed to reject a presentee, if the major part of the male heads of families in full communion with the Church dis- approved of his settlement. 1834. xii. Act xii., Ass. 1834, commonly called the Veto Act, repealed, as infringing on civil and patrimonial rights, and presbyteries instructed to proceed in the settlement of minis- ters according to the practice which prevailed previous to the passing of that act. 1843. ix. Inverness. Recommendation in favour of Inverness, with a reference to the Commission anent settling a third minister in that town. 1704. 12. A committee named to arrange regarding a stipend for a third minister at Inverness. 1705. 6. The Presbytery of Inverness summoned to the bar of the Assembly to account for their proceedings in matters com- plaiued of relative to the settlement of a parish. 1823, ult. The presbytery, having appeared, were severely censured for disobeying a previous order of the Assembly, and for acting in an unwarrantable and unconstitutional manner. 1824. 6. Found to be ultra vires of the church courts to divide the parish of Inverness in the manner proposed, and declared that the United Parish of Inverness is still but one parish quoad omnia, and the ministers and elders of the English, Gaelic, and West Churches but one undivided session ; and, as such, entitled to send only one elder to the pres- bytery and synod of the bounds. 1844. 16. Ireland. Petition to Parliament, that under the system of national education * introduced into Ireland, the fullest liberty might be secured to every one of reading regularly in a daily Bible class the sacred Scriptures in the authorised version, without note or comment. 1832. 8. Petition to Parliament against any further countenance being given to said system. 1833. 6. Petition to Parliament against the bill for endowinsr the College of Maynooth. 1845. 5. Irish Language. See Gaelic. Irregularities. Presbyteries and synods enjoined to advert to irregularities committed by vagrant unfixed ministers. 1696. xxiii. 151 IRR — JEW Irregularities. Any person receiving licence or ordination from any of tlie late prelates, declared to be incapable of ministerial communion for the space of three years simpli- citer, and after that until the presbytery are satisfied of his repentance. 1701. xiv. Irvine. Certain parishes disjoined from the Presbytery of Irvine, and united with others from the Presbytery of Paisley to form the Presbytery of Greenock. 1834. viii. Islands. Report of a committee appointed to inquire into the spiritual interests of those islands in which Gaelic is not the vernacular tongue. 1846. 14 ; 1847. 9. Lslay. Certain parishes disjoined from the Presbytery of Kintyre, and formed into the Presbytery of lslay. 1836. vi. Jacobites. A representation of grievances from the late in- sults of Jacobites' intrusion of kirks and parishes in Angus and Mearns, and from disaffected schoolmasters and chap- lains. 1716. 4. Jamison. Ministers recommended to buy a book entitled ' Cyprianus Isotimus,' by Mr William Jamison, Professor of History in the College of Glasgow. 1705, ult. Jews. Committee appointed to collect information respecting the Jews, their number, condition, and character — whether there are any openings for a mission to their nation, and where these are most promising, &c. 1838. viii. Prayer and thanksgiving offered up for the safe return of a deputation which had been sent to Palestine to visit and inquire after the scattered Jews. Com., Nov. 20, 1839. Memorial to Government petitioning them to use their influence to prevent the persecution of the Jews at Damas- cus. 1840. 2. Committee instructed to take steps for preparing and sending out missionaries to the most promising stations. The Jewish mission instituted as the fifth scheme of the Church, and a general collection ordered on its behalf. 1840. ix. Committee found entitled to dispense with the services of an agent if they deemed it expedient. Com., May 29, 1 844. 152 JEW — JTJD Jews. Authority granted to examine, and, if found qualified, to ordain as missionaries to tlie Jews, agents who had not passed through the curriculum prescribed by the laws of the Church. 1846. 2. Petition to Parliament against the bill for admitting to seats in the legislature persons of the Jewish persuasion. 1848. 4. Report anent missions to Cochin-China, Paris, Egypt, and Jerusalem. 1855. 4. See Annual Reports. Jottings. Extracts from the jottings from which the minutes were made up allowed to a party to enable him to substan- tiate his case. 1812. 9. Extracts from the jottings refused to a party. 1823. 4. ■ Jottings held not to be the record of presbytery, but the extended minute, after being engrossed, revised, and signed by the moderator and clerk. 1834. 4 ; 1839. 3. Judges. Anent the right of members of the Commission to sit as judges in cases brought up by complaint from the Commission to the Assembly. 1724. 7; 1737. 8. An overture proposing to allow members of inferior courts to sit, judge, and vote in the superior courts in cases of appeals, as in cases of reference, transmitted to presby- teries, but never passed. 1741. 8 ; 1754. 9; 1771. 6. Judicatories. Provincial synods and presbyteries enjoined to be careful in revising of the registers of the judicatories under their immediate inspection, and when they find nothing to challenge, to attest them according to a prescribed form. 1700. ix. An Act for preserving the subordination of the judi- catories of the Church and good order therein. 1733. v. Inferior judicatories discharged from exercising au- thority beyond their respective bounds. 1707. xi., chap. i. 6. Overtures (the larger) anent the discipline and method of procedure in ecclesiastical judicatories transmitted to presbyteries. 1697. v. ; 1707. xvii., &c., &c. Presbyteries enjoined to send up their remarks on the larger overtures transmitted in 1710 (1718. x.) Said over- tures referred to Commission (1719. lo); but not having re- 153 JUD — JUR ceived the approval of a majority of presbyteries, allowed to drop. 1721. V. Judicatories. Standing orders for regulating the form of procedure in the General Assembly shall, in so far as they apply, be binding on and observed by all inferior judica- tories. 1850. xiv. 43. Judicial. A minister having manifested an animus against a student on trials before his presbytery for licence, declared by the Assembly unqualified to sit as a judge in any question relative to said trials, and no appeal taken by him to be re- ceived "unless supported by two other members of presbytery. 1805. 8. The right of a minister to exercise judicial functions in a particular case having been objected to, on the ground that he had taken an active part to the prejudice of the defender, the Assembly, considering that the circumstances did not clearly appear from the record, waived consideration of the objection. 1829. 6 ; 1830. 6. Ministers suspended from their judicial functions for holding ministerial communion with the deposed ministers of Strathbogie. 1842. 17. A minister accused of having used intemperate lan- guage, and of having brought groundless charges against certain of his co-presbyters, suspended from his judicial functions until the meeting of next Assembly. 1849. 12. Jurisdiction. Declared that the spiritual jurisdiction of this Church as a Church of Christ extends over all her members . in whatever part of the world they may reside, and that it is competent for the Church to call to an account of their conduct every individual who has received licence or ordina- tion from her, and to insist on the fulfilment of the obliga- tions to which they then became bound. 1832, ult ; 1833, ult. Declared that, while the Assembly does not review the sentences of colonial church courts recognised by the Church of Scotland, with reference to ministers who have been licensed or ordained by this Church, while they hold charges in branches thereof in the colonies, and are conse- quently under the jurisdiction of the colonial church courts, yet when the connection of such ministers with such colonial 154 JUR — KEY coiirts has been regularly brouglit to an end, said ministers revert under the cognisance and jurisdiction of the courts of this Church, 1841. 3 ; Com., May 30, 1843 : Com., June 4, 1840. Jurisdiction. Resolution and declaration anent the inde- pendent jurisdiction of the Church of Scotland. 1838. xiv. Jus Devolutum. Regulations anent the planting of vacant churches, especially tanquam jure devoluto, transmitted to presbyteries as an overture, but not passed. 1711. lo ; 1721. V. Another overture on the same subject transmitted to presbyteries and passed (1732. viii.) ; but repealed two years afterwards, as having been passed in violation of the Barrier Act. 1734. V. Another overture on the same subject transmitted, but not passed. 1766, ult; 1769, ult. A presbytery ordered to proceed towards the settle- ment of a crowTi presentee by a certain day, unless they had before then raised a summons of declarator of their right to present tanquam jure devoluto. 1800, ult. The judgment of a presbytery nominating a proba- tioner to a vacant charge, tanquam jure devoluto, reversed — an interesting and important debate. 1837. 3; 1847. 8. The right of presenting to a parish having fallen to a presbytery, they resolved to leave the choice to the male inhabitants in full communion with the Church, the As- sembly, on a complaint, remitted the matter to the presby- tery, with instructions to issue a presentation, and proceed according to the rules of the Church. 1843. 9. K Kailzie. Referred to the Commission to consider a petition praying for re-erecting the church of Kailzie. 1695. 18. Kaimes. An overture regarding the WTitings of Henry Home, Lord Kaimes, and David Hume, led to the passing of the Act against Infidelity and Immorality. 1755. iv. Keys. Unanimously declared that it is the ecclesiastical right of the ministers of parishes to have free entrance to their 155 KIL — KIK churclies, for the purpose of Divine worship and religious instruction, and that, during vacancies or suspensions, this right is vested in the presbytery of the bounds. 1828. 8. Kilda, St. Pious persons to be sent to St Ealda to instruct the natives in the grounds of the Christian religion and the Shorter Catechism. 1704. 12. The catechist in St Kilda allowed 400 merks out of the Church's funds. 1706. 12. A minister ordained to St Kilda, and a committee appointed to go and endeavour to suppress the pagan and superstitious customs observed there. 1708. 11. A deputation sent to St Kilda to assist the minister in dispensing the sacrament of the Lord's Supper. 1718. 7. Killtyre. Disjunction of certain parishes from the Presbytery of Kintyre, and their erection into the Presbytery of Islay and Jura. 1836, vi. Kirkcudbriglit. The parishes of Dairy and Carsphairn re- united to the Presbytery of Kirkcudbright. 1703. xiii. Kirks. A committee appointed for considering what concerns the building and repairing of kirks and manses. 1762. 4. Declared to be competent for synods to enjoin pres- byteries to do their duty with respect to visitation of kirks according to law. 1762. 9. Kirk - Sessions recommended to supply themselves with copies of all Acts of Parliament that concern the Church. 1695. 6. Enacted and appointed that every minister and kirk- session have a copy of all the printed Acts of the General Assembly, and that inquiry be made into this at presby- terial and synodical censures. 1700. xvi. ; 1772. vii. Concerning processes which begin in kirk-sessions, but are not to be brought to a final determination therein- such as scandals of adultery, trilapse, &c. 1707. xi. chap, vi. 1. The erecting of a new or separate session for the High Church of Paisley prohibited till that part of the town should be disjoined and formed into a separate parish. 1758. 6. The decreet of erection vesting the right of choosing the session-clerk of the town and parish of Paisley in the 156 KIR — LAN magistrates, the session were enjoined to admit the nominee of the magistrates accordingly. 1761. 6. Kirk - Sessions. The Presbytery of Glasgow authorised to appoint a committee for nominating proper persons to be members of session for the new erected church of Glasgow called the Wynd Church. 1766. 9. Overtures concerning kirk-sessions and presbyteries transmitted to presbyteries for their consideration, but not passed. 1720. ii ; 1721. v. The assistance of a law-agent unanimously refused to a party before a kirk-session in a case in which she was pursuer. 1827. 9; A presbytery having, from an examination of a session record, found that there had evidently been a culp- able neglect of duty on the part of the clerk to said session, without calling him to account for his neglect, the Assem- bly remitted the case to the presbytery, with instructions to them to give the session-clerk a full opportunity of being heard in his own defence. 1847. 10. The clerk of a kirk-session having been dismissed by the session, appealed to the presbytery, who declined to in- terfere, on the ground that he had not been elected ad vi- tam aut cidpam. The Assembly, on appeal, found that the matter resolved itself into a question of civil right, which could only be competently tried before the civil courts, and that, therefore, it was not competent for the presbytery to pronounce any sentence on the merits of the case. 1819. 9. Persons filling certain offices declared amenable to the kirk-session in the discharge of their duties. 1823. 5. Konigsberg. A collection ordered in aid of the funds for building a church for those of the reformed religion at Konigsberg. 1698. 12. Langholm. Certain parishes disjoined from the presbyteries of Middlebie, Lochmaben, and Jedburgh, and formed into the new presbyteries of Annan and Langhokn. 1743. v. 157 LAN — LAW Language. A minister rebuked for unsuitable expressions uttered by him in the Assembly. 1711. 8. A probationer deprived of his licence, and said licence declared void and null because of his insolent behaviour be- fore the General Assembly. 1713. 8. In the case of a minister who liad been found guilty by his presljytery of great imprudence in throwing out a story affecting the character of a brother, the Assembly dismissed the appeal, and recommended the brethren of the said presbytery to bury their differences in oblivion, and to live in brotherly love and friendship. 1745. 6. A minister rebuked and admonished from the chair for emitting unfounded and intemperate expressions in the Assembly affecting the character of a brother. 1748. 9. A presbytery rebuked at the bar of the Assembly for censurable expressions in conducting a case, and the offensive passages expunged from the record by the clerk of Assembly. 1794. 7. See Intemperate. Larbert. A sentence of the Synod of Perth and Stirling affirmed relative to the minister of Larbert and Dmiipace officiating in the churches of said parishes. 1802. 5. Larger Overtures concerning the discipline and method of proceeding in the ecclesiastical judicatories of the Church of Scotland transmitted to presbyteries for their considera- tion (1698. ix.), printed with the Acts in 1705, and fre- quently retransmitted down to 1718, when they seem to have been allowed to drop. 1718. x. Latin. Enacted that no student shall be admitted into any of the divinity halls unless he shall produce to the professor of divinity, and to the presbytery within whose bounds he resides, a certificate of having attended the Latin class in some university for at least one session, and made satisfac- tory proficiency as a Latin scholar. 1843. xiv. ; 1849. xi. Ordained that, before agreeing to the proposal to take a student on trials for licence, the presbytery shall examine him strictly and privately on his knowledge of the Latin language. 1813. viii. ; 1849. xi. Law- Agent. The assistance of a law-agent refused to a party in a case before a kirk-session. 1827. 9. 158 LAW — LEE Lawyers. The thanks of the Assembly given to several law- yers, members of the House, who, in order to save the ex- penses of the Church, had signified their readiness to appear, gratis, in causes wherein the Church was concerned. 1752. 9; 1764. 9. Lawyers, members of Assembly, prohibited from act- ing as procurators, counsel, or agents in any causes before the House — the Assembly considering that they have a title to the advice and assistance of all the members as judges in every cause brought before them. 1751. iv. ; 1783. viii. Lay Association. The association of laymen for supporting the several schemes of the Church, and promoting education and religion at home and abroad, recommended to the mem- bers and friends of the Church. Com,, Aug. 9, 1843. The thanks of the Assembly given to the convener and committee of the Lay Association for the valuable ser- vices rendered by them to the Church. 1844. 16. Lay Preaching. The practice of lay preaching highly disap- proved of, and presbyteries enjoined to exercise all due care and vigilance to prevent its occurrence. 1848, ult. All ministers of the Church discharged and prohi- bited from giving countenance or permission to any persons to engage in the public ministry of the Word, except to those who have been regularly ordained or licensed to preach the Gospel. 1854. xii. Leadhills. The Earl of Hopetoun's pious design of maintain- ing a catechist or preacher at Leadhills cordially approved of. 1738. 9. Learning. The Conmiission recommended to think upon means to promote and encourage learning, and how yoimg men may be enabled to follow such studies as may be useful for defence of the doctrine, worship, discipline, and govern- ment of this Church. 1706. 12; 1707. vi. Lecturing. Ministers recommended, in their exercise of lecturing, to read and open up to the people some large and considerable portion of the Word of God. 1694. ix. • Presbyteries and synods enjoined to see that Act ix. Ass. 1694 was observed within their respective bounds. 1704. v.; 1706. X. Leecliman. An Act concerning Mr William Leechman, pro- 159 LEE — LIB fessor of divinity in the College of Glasgow, relative to cer- tain charges brought against him for a sermon preached and published by him. 1744. ix. Lerwick. The presbyteries of Lerwick and Burravoe erected and appointed to form a synod to be called the Synod of Shetland. 1830. viii. Leslie. A reference respecting the election of Mr John Leslie to be professor of mathematics in the University of Edin- burgh, " after long reasoning," dismissed. 1805. 7. Lethendie. A reference concerning the proposed annexation of the parishes of Lethendie and Kinloch referred to the Commission. 1758, ult. Letter. An original letter by King James VI. to the clerk of Assembly, ordering him to deliver up the Registers of the Church to the Earl of Arran, then chancellor, dated the 2d of November 1584, produced and recorded. 1737. 8. A letter from the Assembly to four ministers sent to the African and Indian Company's colony in Caledonia in America, " or wherever they are." 1700. vi. A letter to the King congratulatory on the suppres- sion of the rebellion. 1716. vi. A letter or address to His Majesty from the conmiis- sioners sent to London to endeavour the redress of the grievance of patronage, and repeal of the Act anno decimo Annce reimposing the same. 1736. vi. Leven. An address recorded in the minutes to the Right Hon. the Earl of Leven and Melville on his resignation of the office of Lord High Commissioner, the duties of which exalted station his Lordship had discharged during the long period of nineteen consecutive assemblies in a manner that had commanded the respect and veneration of the Assembly. 1802. 8. Lewis. An Act disjoining the Presbytery of Longisland, and erecting the same into the two presbyteries of Uist and Lewis. 1742. 4. LibeL A copy of the libel, with a list of witnesses, ordered to be served on the party accused, either personally or at his dwelling-house, at least ten free days before the day ol compearance. 1707. xi., cap. vii. 5. Referred to the Commission to cognosce and finally 160 LIB determme, in an appeal from a sentence ordaining a minister to prosecute before the kirk-session of another parish an accusation by lihn against an elder, member of said session. 1747, ult. Libel. A minister ordered to be served with a libel for hold- ing in tack great and extensive possessions in his parish, and for sundry acts of alleged oppression of the tenants of the said possessions, as also for his prevarications and other miscarriages. 1748, nit. A libel against a minister dismissed, in respect that it did not appear, from the precognition taken by the presby- tery, there was any evidence of the facts charged against him, the same containing nothing but hearsays. 1755. 9. In a charge against a minister, the Assembly found that there was no necessity for giving him a libel, in respect that there was no private party offering to insist in a prose- cution against him, and also because his conduct had been imprudent and irregular rather than cruninal. 1765. 6. A libel against a minister dismissed as ex facie irrele- vant and improper, and the whole proceedings declared to be null and void. 1766. 9. A committee appointed to consider an overture anent the method of carrying on processes against ministers when private parties do not come forward to libel them, 1795. 8. Declared that when any criminal act is charged in a liljel, it is necessary to mention the time within which such criminal act is said to have been committed, and that such time shall in no case exceed the period of one year. 1799, ult. A charge in a libel respecting an instance of intoxi- cation said to have happened about ten years previously, found irrelevant. 1798, ult. Enacted that in all cases originating with presbyteries as prosecutors, except in those which involve error in doc- trine, presbyteries shall, before serving the libel, lay it before the procurator for revision, and after the relevancy has been found, shall proceed, notwithstanding all appeals, to prepare the case for final judgment. 1851. ix. The party accused bomid to lodge defences, along with a list of witnesses, witliin twenty days after the libel has 161 L LIB been served upon hiin, or otherwise shall be held to have no defence excepting a simple denial of the libel. 1850. xii. Libel. A presbytery ordered to admit a proof only of such facts and circumstances tending to support a libel as fall within five years from the date thereof. 1800. 9. A libel dismissed as laid, leaving it to the libellers to serve the accused with a new libel if they saw cause. 1805. 8. Found that a presbytery did wrong in allomng libel- lers to withdraw an original libel and present a new one, and remitted to the presbytery to take prolxxtion on the original libel as formerly found relevant. 1805, ult. A presbytery allowed to withdraw a libel served by them against a minister, that the parishioners might libel him in their own name. 1812. 8. A presbytery having permitted the libellers to Avith- draw a libel and to serve the party accused with a new one, the Assembly found that the presbytery must discharge the former libel before taking any further proceedings in the case. Com., June 1, 1836. A charge in a libel found to be too vague as laid, but the libellers allowed to amend their libel by giving in a particular condescendence of the special offences charged. 1806. 5. In a similar case the libellers were permitted either to amend the libel, or to serve the party accused with a new one as they might be advised. Com., Aug. 12, 1835. The defender in a cause being prevented, as w^as al- leged, by sickness from appearing personally before the presbytery, the presbytery referred to the Assembly for advice as to whether they might proceed "with the j)roof in the absence of the defender. The Commission found that the absence of the defender personally was no obstacle to the presbytery going on with the cause, and instructed them to proceed accordingly. Com., June 2, 1842. In a case of libel the defender did not appear per- sonally on the day fixed for considering the relevancy, but his agent sent in a letter craving a month's delay. The presbytery refused the petition and found the libel rele- vant, whereupon the defender brouglit the matter before 162 LIB the Assembly by petition, on the groiuid that the conduct of the presbytery in pronouncing jud<,^ment on the relevancy in his absence was precipitate and unwarrantable. The Assembly unanimously dismissed the petition, and affirmed the judgment of the presbytery. 1845. 13. Libel. A minister under libel having repeatedly failed to obtemper peremptory citations, the presbytery found hrin guilty of contumacy, and resolved that he should be deposed. The Assembly, on appeal, recalled the resolution to depose, and instructed the presbytery to proceed with probation of the libel. 1850. 8. A presbytery having proceeded against a party by libel, the Assembly dismissed the libel as irrelevant, and ordered the libel and all the proceedings in the case to be expunged from the record. 1806. 9. A libel not ha^dng been duly signed, the Assembly found it relevant, but ordered it to be signed by the modera- tor and clerk before any jjroof was led. 1812. 5. It having been objected that there was no attestation of the date and place of signing a libel, and that there was no warrant by the presbytery to cite the defender, the As- sembly repelled the objection. Com., May 29, 1844. A committee appointed to consider anent the per- formance of duty by ministers under libel, having laid on the table the draft of a bill introduced into the House of Lords by Lord Belhaven to give legal effect to the recom- mendations of the committee, the thanks of the Assembly were given to Lord Belhaven, and the committee was in- structed to give him every assistance. 1862. 14. See Standing Orders and Form of Process. A presbytery enjoined not to allow one of their mem- bers to sit with them as a judge in any question relative to a particular case, nor to permit any charge or appeal at the instance of said member to stop their procedure. 1805. 8. It was objected that the copies of the libel and lists of witnesses served on the defender did not bear that the origi- nals had been dated and subscribed by the moderator, but only by the clerk and officers ; and that, if the originals had been so dated and subscribed, the service copies were, in that important particular, disconform to the originals ; and J 63 LIB that, in either view, the service was bad. The Assembly repelled the objection and dismissed the appeal. Com., June 3, 1840. Libel. Objected that the warrant of citation, and citation fol- lowing thereon, did not allow ten free days to lodge answers before the day of compearance, and a second ten free days between the lodging of th"e answers and the day of compear- ance. The Commission repelled the objection, and instructed the presbytery to proceed with the case until it was ripe for final judgment. Com., June 3, 1840. The Assembly dismissed a libel, in respect it did not appear that list of witnesses had been regularly served on the defender, and remitted to the presbytery to proceed de novo if they should see cause. 1816. 8. Found that a presbytery may refuse to receive a libel by the parishioners against a minister, if, after inquiry, they are satisfied that there are no adequate grounds for it. 1832. .5. Declared that a lil^el against a schoolmaster may be insisted in at the instance either of the heritors, of the minister and elders, or of the presbytery of the bounds. 1812. 9. A presbytery found to have acted prematurely, uncon- stitutionally, and unjustly, in suspending a probationer, citing parties, and taking evidence, without having previ- ously served him with a libel, and the evidence ordered to be expunged from the minutes. 1814. 9. A minister under libel found to have the same right to dispense the ordinances of religion in his parish during the dependance of the process against him as before. 1812. 8. In the case of a minister under libel, the Assembly in- structed tlie presbytery to proceed, and authorised them, if they saw cause, to make provision for the dispensation of religious ordinances in the parish for those members of the Church who were unwilling to attend the ministry of the defender. 1842, ult. A presbytery having craved power to suspend a min- ister, pending a process of libel against him, the Assembly found the libel relevant, and remitted the case to the pres- 164 LIB bytery to proceed with tlie same until tlie case was ripe for judgment, disregarding all appeals. 1847. 9. Libel. An overture, to the effect that in all cases of libel against a clergyman on charges of heresy or immorality, in- ferring deposition or suspension, it shall not be competent for the party libelled to exercise the functions of his office from the date of the service of the libel till the decision of the case upon the merits. 1842. xxv. This overture was not re-transmitted ; but a similar overture was remitted to the committee on tlie Form of Process. 1846. 14. In a process by libel, the presbytery, before consider- ing tlie relevancy, agreed to take evidence, to be sealed up, and kept in retentis, the witnesses being about to sail for India. The Assembly dismissed the appeal, and affirmed the sentence of the presbytery. 1848. 5. A presbytery having been petitioned to inquire into certain circmnstances affecting the character of a minister, and as two individuals cognisant of these circumstances were about to leave the country, they were further petitioned to proceed immediately to take the e"\ddence of these parties, to seal it up and keep it in retentis, to be made available, if necessary, in the future proceedings of the case. The As- sembly found that the presbytery had acted irregularly in taking extrajudicial evidence in absence of any charge having been made, and before any libel had been served. 1834. 5. A presbytery having resolved to libel a minister, he appealed to the synod, who sustained the appeal, and remit- ted the case to the presbytery, with instructions to state explicitly to the defender the charges they had to prefer against him, and to exhiljit the documents on which these charges were founded. The Assembly reversed the sentence of the synod, and remitted to the presbytery, with instruc- tions to proceed to consider the relevancy. 1845. 13. In a process of libel for heresy, the defender requested the presbytery to deal with him in writing. The presbytery declined, and resolved to deal with him orally. Against this decision he appealed, on the ground that it was impos- sible that loose conversational interviews could enable him to explain and reconcile detached passages in a number of 165 LIB different published works. The Assembly repelled the ob- jection, and dismissed the appeal. 1841. 3. Libel. It having been reported that the military had been withdrawn from the preaching of a minister, and further, that he had preached in a Chartist place of worshij), the Commission suspended him from the exercise of his minis- terial and pastoral functions until the next General Assem- bly, and instructed the presbytery to serve him with a libel. Com., June 1, 1842. A libel having been instituted against a minister by the patron, who was also a resident heritor, objection was taken to the competency, on the grounds that the heritor was not in communion with the Church of Scotland, and that, as patron, he had a pecuniary interest in ejecting the minister. The Assembly repelled both objections, and found that it was competent for the patron to institute the libel. 1845. 8. A presbytery having allowed reprobatory j)roof to be taken on the part of the prosecution after the exculpatory proof, but, quoad ultra^ holding the proof on either side to be closed, this sentence was appealed against, on the ground that it was contrary to justice to allow a prosecutor in a crimmal case to lead proof after the accused party had brought evidence against that on which the prosecution pro- ceeded. The Assembly sustained the appeal, to the effect of expunging all the evidence led after the defender's witnesses had been examined. 1853. 5. An appeal was taken, on the ground that the place of the presbytery meeting was not set forth in either the warrant or the citation ; and that it was not stated with whom the defences were to be lodged — the warrant and citation being in these words, " to cite him to appear personally before the said presbytery at their next meeting, which is appointed to take place at St Andrews, on Friday the third day of Sep- tember next, in the hour of cause, at 11 o'clock forenoon." The Assembly dismissed the appeal. 1853. 5. A presbytery having rejected a proposal to examine a minister and his wife in a case affecting their characters, an appeal was taken to the Assembly, who dismissed the appeal, and remitted to the presbytery, with instructions to sist all 166 LIB fiirtlier procedure and dismiss the cause, unless a libel was laid before them before a specified time. Com., May 30, 1837. Libel. It having been stated by a member of Assembly that a minister had attempted to force his way into the House in a state of intoxication, the Assembly appointed a committee to inquire into the circumstances, and the minister, being present, was called to the bar, and cited, apud acta, to appear at a subsequent diet : at which diet, the committee having reported that, having taken a precognition, they were unani- mously of opinion that there was ground for proceeding against the said minister, the Assembly transmitted the pre- cognition to the presbytery to which the minister belonged, with instructions to serve him with a libel, and to apply to the Presbytery of Edinburgh to examine such witnesses as were resident within their bounds, and to go on according to the laws of the Church. 1 838, ult. The Commission, on appeal, found the libel proven, and deposed the said minister from the office of the Holy Ministry, which sentence was affirmed by the General As- sembly. 1839, ult. A verdict of "not proven," by the forms of the Church courts, said to be equivalent to a verdict of " not GUILTY " in the civil court. 1839. 4. " Habitual drunkenness for and during the space of fifteen years or a portion thereof," held to be not a relevant charge in a libel. 1835. 5. " Secular employments, managing and superintending a farm and fruit-garden, so as to occupy an undue portion of time, to the neglect of the duties of the Holy Ministry, and persisting in a neglect of duty, wdth a view to disperse the congregation," held to be relevant charges in a libel ; and being found proven, the minister was deposed. Com., June 1, 1836. 1837. 9. Frequent neglect of jjulpit and parochial duties, and the discharge of them in an unsuitable and irreverent man- ner, found relevant charges in a libel. 1847. 9. " To exhibit a purpose " of doing an improper action held not t(J be sufficiently specific as a charge in a libel. Com., May 30, 1837. 167 LIB Libel. Poaching, Sabbath profanation, and falsehood, found relevant charges in a libel. 1851. 5. Declared to be essential to the wellbeing and purity of the Church that a fund should be raised for defraying the expenses incurred in the prosecution of libels. Kirk-ses- sions earnestly recommended to contribute for that purpose. 1849. 12. An overture on the expenses of prosecution in cases of libel referred to a committee, with instructions to prepare a remedial scheme for removing or mitigating the evils complained of, and to consider how funds may be raised to meet the expenses that now fall upon presby- teries when necessitated to carry on prosecutions. 1854. 4 and 12. An overture transmitted to presbyteries for several years, but not adopted, proposing that all prosecutions of ministers (except for heresy) should run in the name of the procurator, and be conducted by him before the presbyteries, &c. 1845. viii., &c. &c. Library. A committee appointed to examine the library be- longing to the Church, to cause to be made out a catalogue of the books and papers contained in said library, and take all necessary steps for the preservation of the same. 1811, ult. An overture for the establishment of a library for the General Assembly referred to a committee (1835. s). Which committee gave in a full report, and w^ere instructed to col- lect funds and take all measures which appeared to them calculated for carrying into effect the establishment of said library. 1837. 6;' 1838. 7. Committee authorised to remove the books and MSS. belonging to the Church into the room provided for them in the new Assembly Hall. 1843. lo. Libraries in Highlands. The Assembly approve of a pro- ject for erecting libraries in the Highlands and Islands, name the places where such libraries should be fixed, and instruct the Commission to give their best advice and assist- ance for making the project effectual. 1704. xvii. Committee appointed to take charge of the distribution of said libraries. 1705. xii. 168 LIB — Lie Libraries in Highlands. The Commission instructed to require a full and clear account from said committee. 1706. xviii. — Letter of thanks to Mr Strachan, a minister in England, and others there, for their care and liberality in procuring libraries for the use of this Church. 1706. 14 ; 1709. 12. Libraries, Presbyterial. Public libraries for the advance- ment of learning recommended to be established at every presbytery seat, and parochial collections ordered for that purpose. 1709. xi. ^^ocurator instructed to conciu* in a process of spulzie of presbyterial and parochial libraries taken in the late re- bellion. 1720. 4. Commission instructed to prepare a special report as to the state of the libraries, &c. 1729, ult. Commission instructed to make further inquiries into the state of j)arochial, presbyterial, and synodical libraries. 1730, ult. ; 1738, ult. ; ] 740. 10. The Presbytery of Dunblane desired to send an ac- count to the Conmiission anent the library of Dunblane. 1705. 13. Licence. Enacted that any person who shall receive licence or ordination from any of the late prelates, shall be incapable of ministerial communion for the space of three years sim- pliciter, and even after that time, until the presbytery shall be satisfied of his repentance. 1701. xiv. Students of divinity inhibited from going to foreign places to offer themselves for trial for licence or ordination, unless they carry along with them sufficient testimonials. 1711. xii, The foresoiu" Act renewed, and enacted that licences received in the manner therein described shall have no effect in this Church ; and that preachers who go abroad for or- dination shall forfeit the licences formerly given them, 1777. ix. An overture anent a uniform form of licence trans- mitted to presbyteries, but not passed. 1724.4; 1740.10. Presbyteries warned to take notice of one alleged to have a counterfeit licence. 1706. ult. A probationer's licence declared null because of his errors. 1714, idt. 169 Lie — LIV Licence. A licence granted by a classical meeting of Presby- terian ministers at Newcastle sustained. 1773. 4. An appeal against a sentence of presbytery refusing to grant licence to a student ultimately dismissed, and the sen- tence of presbytery affirmed. 1777. 7; 1778, ult.; 1781.9. A licence granted by tbe Scots Presbytery in London not sustained, as inconsistent with Act ix., Assembly 1779. 1 790. 5, A similar case. 1798. 5. Presbyteries strictly prohibited from receiving on trials for licence young men who have never studied at a university. 1781. vii. Licentiates connng with a licence from abroad not to be allowed to preach in Scotland imtil they have been re- examined, and have signed the Formula. 1736. xvi. No student to be licensed under twenty-five years of age (1704. x.) This law changed, and enacted that students, at the time of their being admitted to trials, must be twenty- one years of age complete. 1782. viii. Acts anent the trials and licensing of students. 1727. xii.; 1742. vi.; 1782. viii.; 1813. viii.; 1849. x. ; 1863. x. An abstract of all the Acts in force relative to the trials and licensing of students transmitted to presbyteries as an overture. 1856. x. Licentiate. See Probationer. Lining. Mr Thomas Lining and others admitted into com- munion with the Chiuxh, on their promising subjection and obedience. 1690. v. Lithuania. Letters from the Protestant Synod at Lithuania, thanking the Assembly for undertaking to educate two young men, students of divinity, at the University of Edin- burgh. 1724. 3. Acts in favour of students from Lithuania. 1722. v. ; 1740. viii. Liverpool. Found to be imprudent to receive the Presby- terian congregation in Liverpool, or any congregation how- ever respectable, into connection with the Church of Scot- land. 1823. 7. Livingston. A committee appointed for receiving from the representatives of the late Mr John Livingston, minister at Ancrum, his Notes on the Holy Bible. 1704. ii ; 1707, ult. 170 LOG — MAC Lochaber. Commission appointed to \isit Lochaber, on ac- count of the abounding Popery in that district, and the want of schools. 1712. XV. Lochmaben. Certain parishes disjoined from the Presbytery of Lochmaben, and annexed to the new Presbytery of Annan. Logan. An appeal by Lady Logan, from a judgment ot the Presbytery of Wigtown refusing to admit her to the Lord s Table, referred to a committee. 1726. 3. Longisland. An Act erecting the Presbytery of Longisland. An Act disjoining the Presbytery of Longisland, and erecting the same into the two new Presbyteries of Lewis and Uist. 1742. iv. r -r ■ ^ ^ A representation from the Presbytery of Longisland craving schools, and books, and the expenses of their com- missioners to the General Assembly, referred to the Commis- sion. 1725. 7. Lord's Day. See Sabbath. Lord's Supper. See Sacraments. Lorn. An Act dividing the Presbytery of Lorn, and erectmg a new presbytery in Mull. 1729. v. , i -n i Commission appointed to co-operate wath the Presby- terv of Lorn. 1712. xv. . ^ -, ^ Lothian. The Synod of Lothian and Tweeddale appomted to meet on the first Tuesday of May yearly. 1759. v. Said synod to meet on the second, mstead of the hrst, Tuesday of May. 1835. xiv. Lykewakes. Act against abuses at lykewakes, penny bridals, and promiscuous dancing. 1701. xx. Lutheran. A deputation from the Lutheran Church at Wir- temburg received and heard by the Assembly. 1850. 9. M M'Crie. A tribute to the memory of Dr Thomas M'Crie re- corde'd in the minutes, and a deputation appointed to attend his funeral. Com., Aug. 12, 1835. M'GrilL Proceedings with reference to Dr M Gill ot Ayr. 1789, ult. 171 MAC — MAN M'Millan. Act anent tlie schismatical and disorderly pro- ceedings of JVIi- John M'MiUan. 1704. xviii. ♦ Maitland. Ministers recommended to give every assistance to JVIr Thomas Maitland in his intended design of writing a his- tory of Scotland. 1741. 3. Male Appellatum. An appeal, containing a complaint against the Synod of Argyle for certain acts passed by them respecting the number of sermons to be preached before and after the celebration of the Lord's Supper, dismissed as not properly brought before the Assembly. 1756. 7. Male Appellatum. An appeal dismissed, and sentence de- clared final, no regular appeal having been taken and fol- lowed forth against it. 1772. 9. Man. Mr James Man allowed access to the records, &c., to enable him to prosecute his design of jjublishing an histori- cal account of affairs transacted in Scotland, from the begin- ning of the civil wars to the conquest of Scotland by Oliver Cromwell. 1746, ult. Mandate. A manifest clerical error in a mandate held not to invalidate the document, the contents expressly specifying the purpose for which the mandatory was appointed. 1836. 9, Manses. Presbyteries instructed to inquire and report to the procurator what ministers want manses, glebes, grass, or other accommodation, that diligence may be taken out thereon. 171 9. iv. Members of a presbytery ordered to be rebuked for ordering a process of ejection to be carried on against the widow of a deceased minister for not removing from the manse and offices. 1741, ult. Committee a23pointed to prepare an overture anent the proper reparation and rendering more commodious manses, churches, and schoolhouses. 1764. 9. On a petition relative to repairs on a manse and offices. the Assembly directed the petitioner to apply to his presby- tery, on the ground that presbyteries are the only Church courts competent to discuss questions regarding manses, &c. 1823. 8. An overture anent the jurisdiction of the Church re- specting the building or repairing of manses, churches, &c., referred to a committee. 1815, ult. 172 MAX Manses. Unanimously fonnd that neither the synod nor General Assemblies of this Church have any jurisdiction in regard to repairs on manses, &c. ; and the party instructed, in the event of the presbytery refusing to do him justice, to resort to tlie civil court for redress. 1826. 7. Manuscripts. Committee appointed to advise anent printing certain MSS. of Messrs Samuel Rutherford, John Baird, and Matthew Crawford. 1698. 12. Committee appointed to examine the several MSS. belonging to the Church, to prepare a catalogue of the same, and to take what steps they thought necessary for preserva- tion of the books and papers of the Church, and for procur- ing additional documents and MSS. 1819. 5. An elaborate report given in by Dr Lee, along with a list of the MSS. belonging to the Church. 1820. 9; 1821. 9. Committee instructed to correspond with Zion College respecting access to certain MSS. in said college which formerly belonged to the Church of Scotland. 1822 ult. Petition to Parliament for restitution of said MSS 1828, ult. Committee instructed to take all necessary steps for the recovery of "that interesting record, the Buk of the Universal Kirk." 1829. 8. Dr Lee reported the near prospect of said record being recovered. 1834, ult Reported that said records were supposed to have been burned with the Houses of Parliament. The records, &c., of the Chiu'ch ordered to be deposited in the Register Office, until a proper place should be provided for them. 1837. 3. The Assembly expressed their gratification at hearing that the Bannatyne Club intended to print the Buk of the Universal Kii^k and Baillie's Letters, and willingly allowed the Club the use of the Church's copy of Baillie's Letters for that purpose. 1838, ult. Ordered that no MS., or part of a MS., should be given out without the authority of the Convener, and a Avritten re ceipt for the same, 1826. 8. 173 MAN — MAR Manuscripts. See Annual Keport of Committee on MSS. Markets. Resolved that application be made to Parliament for altering all markets tliat are held on Saturdays and Mon- days. 1690. vii. 7; 1705. 12; 1708. 13; 1720, nit. Marriage. The celebration of marriage without due procla- mation of banns on three separate Sabbaths discharged. Contraveners to be censured. 1690. vii. 3. A marriage declared unlawful, being within the for- bidden degrees, and the parties discharged from cohabit- ing. 1696, ult. Ministers recommended to dehort their peoj)le from marrying mth Papists, and to show them the dangerous effects thereof. Application to be made to Parliament for discharging such unequal marriages. 1704. xxii. A man's marriaere declared incestuous because the woman had formerly borne a child to his granduncle. 1710. 4. Ordained that the Act concerning proclamation of banns be duly observed, and that inquiry be made that the persons desiring marriage be not within the forbidden degrees, and be single and free, and that all concerned do consent. 1711. v. The minister of Aberlady's irregular marriage while a probationer, referred to the Commission. 1717. 10. Referred to the Commission to give advice anent the j^roposed marriage of a man with the daughter-in-law of his deceased wdfe. 1746. 6. Do. between a man and his former wife's brother's daughter. 1748, ult.; 1749, ult.; 1756. 9; 1758. Referred to the Commission to give advice anent a man and woman who had been irregularly married by a probationer. 1720. 11. Representation from the Synod of Merse and Teviot- dale with resjoect to the frequency and bad effects of irre- gular marriages in their bounds. 1755. 4. Referred to the Commission anent a clandestine marriage. 1760, ult. An overture anent irregular marriages remitted to the Synod of Lothian and Tweeddale that they may suggest 174 MAR effectual means for remedying the evils complained of. 1775. 4. Marriage. Eegnlations adopted by the Presbytery of Edinburgh for correcting abuses in the solemnisation of marriages sanc- tioned by the Assembly, and a strict observance of said regulations enjoined. 1782, ult. Enacted that no session-clerk shall proclaim any persons in order to marriage until he has given the minister written intimation of their names, designations, and places of residence. In case of a vacancy, said intimation to be given to two elders. 1784. viii. A man and woman who had married while the woman had a husband living, wished, upon the death of said husband, to be married regularly. The Assembly found that they might be admitted to the privilege of mar- riage if they purged the scandal under which they lay by giving evidence of penitence and submitting to the dis- cipline of the Church. 1810, ult. The Presbytery of Edinburgh having prohibited the Scottish chaplain at Calcutta from solemnising marriage, he brought the case by petition before the Assembly, who saw no reason why the chaplain should not be permitted to solemnise marriage when called upon to do so in the ordinary exercise of his ministerial duty (1817. 9). It was reported to the follomng Assembly that a bill had been introduced into Parliament to remove doubts on the sub- ject, and to legalise marriages performed by ministers of the Church of Scotland in India (1818. 4), which bill hav- ing been passed, a copy thereof was laid on the table of Assembly. 1819, ult. Eesolved to petition Parliament to adopt immediate measures for declaring valid marriages between Presbyteri- ans and members of the Church of Ireland, and for securing to Presbyterian ministers the right to perform marriages. Com., March 2, 1842. Referred to the Colonial Committee anent marriages by ministers ordained by this Church in New Zealand. 1854. 12. The procurator instructed to apply to the Cro^\Ti Counsel to take a precognition in any case that occurred of irregular, clandestine marriage, celebrated without j)rocla- 175 MAR — INIxiY matioii of banns, or in wliicli a false certificate of proclama- tion was produced. 1812. 6. Marriage. Committee ajjpointed to consider what means were best calculated to prevent the evil of clandestine and irre- gular marriages, and to write letters to all the presbyteries of the Church, requesting full information on the subject. 1826. 8. Eeport of said committee. 1827. 9. A summary of notes on irregular marriages read to the Assembly and ordered to be printed. 1853. 14. Petition to Parliament against a bill to amend the law of Scotland affecting the constitution of marriage. 1847. 5 ; 1848. 13 ; 1849, ult. Marriage between a man and the sister of his de- ceased wife declared to be within the degrees of affinity pro- hibited by the Word of God, and contrary to the Confession of Faith. Com., May 28, 1839. Petition to Parliament against a bill to amend the law of marriage in so far as relates to marriage within the prohibited degrees of affinity. 1849. 8; 1850. is; Com., March 7, 1849 ; Com., March 6, 1850 ; 1855, ult. ; Com., March 2, 1859. Principal Lee requested to confer on the Church and people of Scotland the very great benefit which must arise from the results of his extensive knowledge and careful in- quiries in regard to the law of marriage being given to the public in a permanent form. 1850. is. Marrow of Modern Divinity.' Edict concerning a book called ' The Marrow of Modern Divinity.' 1720. v. An Act confirming and explaining Act v. 1720. 1722. vii. An Act concerning a sermon preached by Mr Gabriel Wilson, minister at Maxton. 1723. xi. Masquerades. A reference to the Commission anent. 1669. 18. Mathematics. Enacted that mathematics shall l)e studied by students of divinity for at least one session in a univer- sity before they enter the class of natural philosophy. 1845. xviii. ; 1849. xi. Maynooth. Petition to Parliament and address to her Ma- 176 MEE — MIN jesty against the bill for endowing the College of Maynooth. 1845. 5 and 13. Meeting-Houses. The performance of divine service or any part of public worship by ministers of this Church in meet- ing-houses of Dissenters declared to be irregular and uncon- stitutional. 1818. 9. Member. An elder duly elected to represent a kirk-session in presbytery having been excluded from the roll of presby- tery, the commission from said presbytery to the General Assembly was in consequence declared null and void. 1766. 4. Members. See Assembly and Commissions. Middlebie. Certain parishes disjoined from the Presbytery of Middlebie and joined to the new presbyteries of Annan and Langholm. 1743. v. Ministers. An Act anent ministers who observe not the public orders of the Church. 1690. vi. Ministers prohibited from leaving their charges with- out consent of the Church judicatories. 1690. ix. An Act declaring all Acts passed against ministers from the year 1650 to the Revolution null and void. 1690. xiii. Ministers enjoined to be punctual in obeying all the appointments of their presbytery. 1697. viii. An Act anent the transportation of ministers. 1694. VI. Recommended to preach Catechetical doctrine. 1696. xviii. ; 1720. vii. Do. on the principles of the Reformation and Revolu- tion. 1749. 4. Presbyteries enjoined to take special notice of any books published by ministers. 1707. vii. Ministers declared to be not liable to the censure of kirk-sessions, but of the superior judicatories. 1707. xi. chap. i. 7. All processes against ministers must begin before the presbytery of the bounds, and not before the kirk-session of his own parish. 1707. xi. chap. vii. i. Questions appointed to be put to ministers at their ordination, and a Formula to be subscribed by them. 1711. x. 177 M MIN Ministers. Presbyteries prohibited from putting any other questions than those which are implied in the Formula. 1799. 8. An Act concerning the character and behaviour of ministers. 1745. ix. Missionary ministers or preachers not eligible as commissioners to the Assembly. 1753. iv. ; 1789. 7. Ministers admitted to parishes are, ipso facto, mem- bers of the synod and presbytery of the bounds. 1754. v. Presbyteries and synods enjoined to send to the clerk of Assembly a report of all ministers deposed or suspended. 1709. XV. Students of divinity prohibited from going abroad for licence, or for ordination to the holy ministry. 1711. xii.; 1779. ix.; 1799. v. If a minister be convicted or plead guilty of a scan- dalous offence, he shall, mstanter, be deposed, whatever be the nature of his penitence, though manifest to all. 1707. xi. chap. vii. 5. Ministers prohibited from attending the theatre. 1757. V. Ministers prohibited from preaching in vacant churches not within the bounds of their own presbytery, without an invitation either from the presbytery of the bounds or a member thereof. 1711. xv. Ministers and probationers of this Church called home from abroad. 1695. 18 ; 1698. 15. Petition from the Tsddows and children of ministers ejected from their parishes in 1660, referred to the Commis- sion. 1713. 10; 1717. 12. A minister rebuked for not being present at an ordi- nation. 1774. 7. An overture anent processes against ministers dis- missed as unnecessary. 1797, ult. Declared to be not agreeable to the Acts of Assembly and practice of this Church for burghs to send ministers to represent them in the General Assembly. 1732. 3. Declared that any minister of this Church who exer- cises his pastoral functions in a vagrant manner, preaching during his journeys from place to place, without the special 178 MIN invitation or consent of tlie minister of the parish, is guilty of conduct disorderly and unbecoming the character of a minister of this Church, and calculated to weaken the hands of the minister of the parish. 1818. 9. Ministers. The practice of ministers intruding themselves into the parishes of other ministers declared to be inconsist- ent wdth the principles of an Established Church, and with the laws and constitution of the Church of Scotland. 1843. lo. Declared to be not competent for a minister to ap- point another minister to act as his substitute during a lengthened absence from his parish, mthout consultmg the presbytery of the bounds. 1835. 3. A minister in the stated and regular exercise of the ministerial office, not eligible to sit as a ruling elder in the General Assembly. 1829. 3. A retired minister, when returned as a commissioner to the Assembly, must come under the same regulations in regard to the certificate of bond fide eldership as other rul- ing elders. 1840. 3. The resignation of a minister, and the appointment of an assistant and successor, sanctioned by the Assembly. 1838. 4 and 7. An overture regarding the formation of a system of mutual assurance, or of a general fund for the superannua- tion of aged and infirm ministers, referred to a committee, with instructions to digest into proper form such informa- tion as they might receive on the subject. 1852, ult. ; 1853. u; 1854. 13; 1859, ult; &c. Ministerial Communion. Ministers prohibited from em- ploying to preach or to dispense any of the ordinances of religion within any congregation under the jurisdiction of this Church, any person not qualified to receive a presenta- tion. 1799. V. The foregoing Act rescinded. 1842. ix. Tlie Rescissory Act of ] 842 rescinded. 1843. xv. Overture and Interim Act anent ministerial com- munion. 1844. vi. ; 1845. xvi. Foresaid overture remitted to a committee, on whose report the Assembly found that there was no ground or occasion for introducing any change into the laws of the 179 MIN Church as they now exist in regard to the matter of minis- terial communion. 1847. ii. Ministerial Communion. A committee appointed to con- sider whether any Act can be passed in consistency with the laws and practice of this Church whereby the Church of Scotland may hold ministerial communion with other evan- gelical Churches, and under what provisions the same may be safely guarded. 1860. 8; 1861. 15; 1862. 14. Ministerial Freedom. An Act concerning ministerial free- dom in this Church. 1734. ix. Ministerial Visitations. Recommendation and direction concerning ministerial visitation of families. 1 708. x. Ministerium Vagum. Presbyteries prohibited from ordain- ing any one to the ministry without appointing htm to some particular office or charge. 1771, ult. Presbyteries recommended to be very cautious in granting ordination to any one who has not a fixed charge, nor a reasonable prospect of such provision as may enable him to support the ministerial character. 1784. ix. ; 1827, Tilt. Presbyteries enjoined to be vigilant in guarding against the eArils necessarily connected with a ministerium vagum, and to observe the standing laws of the Church thereanent. 1808. 7. Presbyteries enjoined not to grant ordination to any person who has a near prospect of removing from their bounds into the bounds of another presbytery. 1811. 6; 1826. 7; 1827. 5, ult. Ministry. Committee appointed for the purpose of aiding promising young men having views to the ministry. 1839. lo. Said committee merged in Home Mission. 1842. 17. Minutes. The judicatories of the Church enjoined to take special care that their minutes are correctly written, and that they allow no blottings or interlinings therein; and that, if anything happen to be blotted out as superfluous, it be marked on the margin how many words or lines are blotted out, that it be done by the authority of the court, and subscribed by the moderator and clerk ; and if anything be omitted, that it be -wrritten on the margin, and subscribed by the clerk. 1706. ix. 180 MIN — MIS Minutes. A synod enjoined to be more accurate in engrossing their minutes, and particularly to avoid interlineation and erasements. 1779. 9. All the minutes relating to a case before a presbytery ordered to be erased, and all papers lying in retentis to be destroyed. 1738. lo. Minutes, when extended and approved by a subsequent meeting, declared to be the only authentic record of the court, and not the jottings or scroll, though subscribed by the clerk. 1823. 4; 1834. 4; 1839. 3. In one case dissenting members of a synod were found entitled to the original jottings of a minute of presbytery as the only means of substantiating their complaint before the Assembly. 1812. 9. Found that, in all causes where there are private par- ties, they are entitled to have extracts of the minutes imme- diately if they require them. 1813. 4. Presbyteries recommended to order the minutes of every sederunt to be read in their hearing before the court rises, and authenticated by the signature of the moderator. 1813. 4. A synod found to have acted in a manner incompetent and highly irregular in ordering the minute of a preceding meeting to be expunged. 1817. 7. The Assembly having ordered the minutes in a certain process to be expunged, the party complained to the follow- ing Assembly that it had not been done sufficiently. The Assembly declared him entitled to have all the proceedings in his case expunged so as to be illegible, and to have all the relative papers destroyed. 1818. 9. The Assembly, finding that in the minute-book of a synod several printed papers and other documents had been pasted on the pages thereof, disapproved of the practice, as tending to suggest doubts of the authenticity of the record, and ordered said practice to be discontinued. 1845. lo. See Registers. Missions. An overture, relative to the diffusion of the gospel, prajang the Assembly to appoint a committee to consider the subject, dismissed as mexpedient, and not suitable to the circumstances of the times. 1796. 8. 181 MIS — MOD Missions. Four ministers sent out to the African and Indian Company's Colony in America. 1700. vi. Mission, Foreign. A standing committee appointed to meet statedly on the first Tuesday of every month for the propa- gation of the gospel in foreign parts. 1824. 7. The committee authorised to look out for a proper person who, as an ordained minister of our national Church, might be sent to India for the purpose of laying the founda- tion of such a seminary of general education and religious instruction as the Assembly had from the beginning pro- jected. 1828. 7. The appointment of Dr Duff as first missionary for- mally ratified. 1829. An Act in favour of the India Mission. 1835. 8. See Annual Repoets. Mission, Home. The Home Mission Committee constituted by the amalgamation of the Committees on Church extension ; on aiding congregations already established ; on the employ- ment of probationers ; and on the encouragement of young men to the ministry. 1842. xviii. Mission, Colonial. Declaratory enactment and recommenda- tion relative to colonial churches. 1833. v. A standing committee appointed, to be called " The General Assembly's Committee for promoting the Religious Interest of Scottish Presbyterians in the British Colonies." 1836. ix. See Annual Reports. Mission, Jewish. Committee appointed to collect informa- tion respecting the Jews, their nimiber, condition, and char- acter ; what means have been employed for their spiritual good, and with what success ; whether there are any open- ings for a mission to their nation, and where these are most promising, and to use all prudent measures at home and abroad for the advancement of their cause. 1838. viii. The Conversion of the Jews adopted as a fifth Scheme of the Church. 1840. ix. See Annual Reports. Moderation. The moderation of a call in the settlement of ministers declared to be agreeable to the immemorial and constitutional practice of the Church. 1782. vii. 182 MOD — MOT Moderator. An overture aiient the mode of electing the moderator of the General Assembly withdrawal after discus- sion, the Assembly finding it unnecessary to discuss the question. 1833. lo; 1836. 7; 1860. 4. Montreal. The Presbyterian Church at Montreal declared to be in conmnmion with the Church of Scotland so long as they elect pastors who have been licensed or ordained by this Church. 1817. 8. A petition for a collection for the relief of the sufferers by a great fire at Montreal refused. 1766. 8. Monument. Ministers recommended to promote subscriptions and collections for the erection of the National Monument on the Calton Hill, Edinburgh. 1819, ult. Moray. The Presbytery of Strathbogie disjoined from the Synod of Aberdeen, and annexed to the Synod of Moray. 1700. iv. * Morning and Evening Sacrifice,' and other books, remitted to the Presbytery of Dalkeith to inquire into the fama re- garding them, and proceed according to the laws of the Church. 1839. 3. Mortifications. Presbyteries enjoined to be particular in inquiring into the management of all mortifications. 1700. xxii. Presbyteries enjoined to give information to the Com- mission anent mortifications and stipends that have been dilapidated or suppressed. 1706. xii. An humble address to Her Majesty concerning a mor- tification of the deceased Viscountess of Kenmuir in favour of suffering ministers. 1709. ii ; 1714. 3. The Commission instructed to give advice for render- ing effectual a mortification made by the deceased George Earl of Cromarty for maintaining catechists in Koss. 1718, ult. Motions. Resolved that in future all motions and amend- ments be given in to the Assembly in WTiting. 1782. 7; 1850. xiv. 37. A motion in possession of the House not to be altered without the consent of the mover and seconder of the coun- termotion or amendment. 1850. xiv. 39 ; 1859. xii. 38. All motions after the first shall be dealt with as amend- 183 MOT — NOB merits. Where there is more than one amendment, the vote shall be first taken upon the question which of the amend- ments shall be put against the motion. 1859. xii. Motions. See Standing Orders. Mull. An Act dividing the Presbytery of Lorn, and erecting the new Presbytery of Mull. 1729. v. Murdering of Children. An Act of Parliament against murdering of children ordered to be read from all the pul- pits of the Church twice every year. 1762, iv. Music. Presbyteries recommended to employ all prudent means for promoting the cultivation of church music in schools, according to the practice of former times. 1839. ii. See Psalmody. N Nassau. The minister of Nassau, New Providence, admitted into communion with the Church. 1814. 5. Netherlands. A letter of brotherly sympathy and encourage- ment sent to the General Synod of the Eeformed Church of the Netherlands. 1853, ult. New South Wales. A pastoral letter transmitted to the ministers, elders, and people of the Presbyterian Church in New South Wales, with reference to the evils which had arisen in that Church. Com., Aug. 8, 1838. New York. A committee appointed to apply for a royal mandate, authorising the governor of New York to grant to the Presbyterian Cliurch there a charter of incorporation. 1766. 8, 9. A standing committee appointed to correspond with the Synod of New York. 1770, ult. Collection reconunended in aid of the congregation at New York in their distressed circumstances. 1724. 3. A representation anent the financial difiiculties of the cono;reiJJ.^i 1778. Dr Patrick Grant, minister at Urray. 1779. ... James Gillespie, minister at St Andrews. 1780. ... Hary Spens, minister at Wemyss. 1781. ... William Dalrymple, minister at Ayr. 1782. ... Joseph M'Cormick, minister at Prestonpans. 1783. ... Henry Grieve, minister at Dalkeith. 1784. ... John Drysdale, minister at Edinburgh * 1785. Sir Harry Moncrieff Wellwood, Bart., West Church, Edinburgh. 1786. Dr Duncan Shaw, minister at Aberdeen. 1787. Mr Robert Liston, minister at Aberdour. 1788. Dr Archibald Da\adson, Principal of the College of Glasgow. 1789. ... George Hill, Professor of Divinity, St Andrews. 1790. ... John Walker, minister at Colinton. 1791. ... Robert Small, minister at Dundee, 1792. ... Andrew Hunter, Professor of Divinity, Edinburgh. 1793. ... Thomas Hardy, Professor of Church History, Edin- burgh. 1794. ... Robert Arnot, Professor of Divinity, St Andrews. 1795. ... James Meek, minister at Cambuslang. 1796. ... Wniiam Greenfield, minister at Edinburgh. 1797. ... John Adamson, minister at St Andrews. 1798. ... William Taylor, minister at Glasgow. 1799. ... William Moodie, minister at Edinburgh. 1800. ... George H. Baird, Principal of the College of Edinburgh. 1801. ... William Ritchie, minister at Kilwinning. 1802. ... James Finlayson, minister at Edinburgh. 1803. ... Gilbert Gerard, Professor of Divinity, Aberdeen. 1804. ... John Inglis, minister at Edinburgh. 1805. ... George Hamilton, minister at Gladsmuir. 1806. ... William Taylor, junior, minister at Glasgow. 1807. ... James Sheriffs, minister at Aberdeen. 1808. ... Andrew Grant, minister at Kilmarnock. 1809. ... Francis Nicoll, minister at Mains and Strathmartin; 1810. ... Hugh Meiklejohn, minister at Abercorn. 1811. ... Alexander Rankin, minister at Glasgow. 1812. ... WilUam Macmorine, minister at Car laverock. 1813. ... Andrew Brown, minister at Edinburgh. 1814. ... David Ritchie, minister at Edinburgh. * This year the retiring Moderator propo.sed two candidates for the chair — viz., Dr John Drysdale and Dr John Macfarlane. Dr Drysdale was elected by a great majority, against which election several members protested as illegal and unconstitutional. 289 T APPENDIX. ^ 1815. Dr Lewis Gordon, minister at Drainie. 1816. ... John Cook, Professor of Divinity, St Andrews. 1817. ... Gavin Gibb, minister at Glasgow. 1818. ... John Campbell, minister at Edinburgh. 1819. ... Duncan M'Farlane, minister at Drymen. 1820. ... Thomas M'Kight, minister at Edinburgh. 1821. ... Duncan Mearns, Professor of Divinity, Aberdeen.* 1822. ... David Lamont, minister at Kirkpatrick-Durham. 1823. ... Alexander Brunton, Professor of Oriental Languages, Edinburgh. 1824. ... Andrew Duncan, minister at Ratho. 1825. ... George Cook, minister at Laurencekirk. 1826. ... Thomas Taylor, minister at Tibbermore. 1827- ... Robert Haldane, Principal of St Mary's College, St Andrews. 1828. ... Stevenson M'Gill, Professor of Divinity, Glasgow. 1829. ... Patrick Forbes, minister at Old Machar. 1830. ... William Singer, minister at Kirkpatrick-Juxta. 1831. ... James Wallace, minister at Whitekirk. 1832. ... Thomas Chalmers, Professor of Divinity, Edinburgh. 1833. ... John Stirling, minister at Craigie. 1834. ... Patrick M'Farlan, minister at Greenock. 1835. ... William Aird Thomson, minister at Perth. 1836. ... Norman Macleod, minister at Glasgow. 1837. ... Mathew Gardiner, minister at Both well. + 1838. ... William Muir, minister at Edinburgh. 1839. ... Henry Duncan, minister at Ruthwell. 1840. ... Angus Makellar, minister at Pencaitland. + 1841. ... Robert Gordon, minister at Edinburgh. 1842. ... David Welsh, Professor of Church Histoiy, Edinburgh. 1843. . . . Duncan Macfarlan, Principal of the College of Glasgow. 1844. ... John Lee, Piincipal of the College of Edinbxirgh. 1845. ... Alexander Hill, Prof essor of Divinity, Glasgow. 1846. ... James PauU, minister at Tullynessle. 1847. ... John Paul, minister at Edinburgh. 1848. ... George Buist, Professor of Chm'ch History, St Andrews. 1849. ... Alexander L. Simpson, minister at Kirknewton. 1850. ... John Graham, minister at Killearn. 1851. ... John Macleod, minister at Morven. * Dr George Cook was also proposed as a candidate this and the followincr year. t Dr John Lee of Edinburgh was also put in nomination, t Dr Alexander Hill of Dailly was also proposed. 290 APPENDIX. 1852. Dr L. "\\'. Forbes, minister at Boharin. 1853. ... J. Barr, minister at Glasgow. 1854. ... James Grant, D.C.L., minister at Edinburgh. 1855. ... Andrew Bell, minister at Linlithgow. 1856. ... John Crombie, minister at Scone. 1857. ... James Robertson, Professor of Church History, Edin- burgh. 1858. ... Matthew Leishman, minister at Govan. 1859. ... John Cook, minister at St Andrews. 1860. ... James Maitland, minister at Kells. 1861. ... Colin Smith, minister at Inverary. 1862. ... James Bisset, minister at Bourtie. 1863. ... James Craik, minister at Glasgow. III. Principal Clerks of the General Assembly 1690-1694. 1694-1695. 1695-1701. 1701-1703. 1703-1731. 1731-1746. 1746-1778. 1778-1785. 1785-1789. 1789-1807. 1807-1828. 1828-1859. 1859-1862, 1862. Mr John Spalding. Robert Park, advocate. John Baunatyne, minister at Lanark. David Dundas, advocate. John Dundas, advocate. William Grant, advocate. George Wishart, minister at Edinburgh. George Wishart and Dr John Drysdale. Dr John Drysdale. Professor Andrew Dalzell. Mr Andrew Dimcan, minister at Ratho. Dr John Lee. . . . Alexander Lockhart Simpson of Kirknewton. . . . John Cook of Haddington. IV. Sub-Clerks of the General Assemblv 1 701-1 738. Mr Nicol Spence. 1738-1743. ... Nicol Spence and Mr Robert M'Intosh. 291 APPENDIX. 1743-1753. 1753-1754. 1754-1781. 1781-1802. 1802-1808. 1808-1826. 1826-1828. 1828-1859. 1859-1862. 1862. Mr Robert M'lntosh and Mr John Baillie. ... John Baillie and Mr James Edmonston, . . . James Edmonston. Dr William Gloag. Thomas M 'Knight and Dr David PJtchie. Thomas M 'Knight. Thomas M 'Knight and Dr John Lee. Alexander L. Simpson. John Cook, Haddington. John Tulloch, Principal of St Mary's College, St Andrews. V. List of Procurators and Advocates in Ordinary FOR THE Church. 1706-1731. 1731-1746. 1746-1778. 1778-1806. 1806-1831. 1831-1856. 1856. Mr John Dundas of Philipston. William Grant, afterwards Lord Prestongrange. David Dalrymple, afterwards Lord Westhall. William Robertson, afterwards Lord Eobertson. John Connell, afterwards Sir John Connell. Robert Bell. Alexander Shank Cook appointed joint procurator with Mr Bell. YI. List op Agents for the Church. 1 690- 1 706. Mr John Blair. 1706-1722. ... John Blaii- and Mr Mcol Spence, joint agents. 1722-1738. ... Mcol Spence. 1738-1743. ... Nicol Spence and Mr Robert M'Litosh, joint agents. 1 743-1753. . . . Robert M 'Intosh and Mr John Baillie, W. S". , joint agents. 1753-1754. ... John Baillie and Mr James Edmonston, joint agents. 292 APPENDIX. 1754-1781. Mr James Edmonston. 1781-1795. ... George Oairncross. William Murray. William Murray and Mr John Murray. WilHam Young, W.S. John Beatson Bell, W.S. 1795-1809. 1809-1831. 1831-1855. 1855. VII. Standing Orders of the General Assembly of the Church of Scotland. Act XII. OF Assembly 1859. Edinburgh, May 30, 1859. Sesa. ult. The General Assembly called for the Heport of the Committee on Standing Orders, and approved of the same ; and declare and enact that in future the following shall be observed as the Stand- ing Orders for Regulating the Business of the House : — As TO THE Commissions of Parties elected as Members of Assembly^ 1. All commissions to members of an ensuing Assembly shall be transmitted, by the parties elected, to the agent for the Church, as soon as conveniently may be after the date of election, and not later than the second Thursday in the month of May in which such Assembly is to meet ; and the agent shall, on a day not later than three days previous to the first day on which the Assembly meets, submit all commissions so transmitted to him, to the pro- curator and clerks of the Assembly, who, along with the agent, shall constitute a standing committee, — of which the agent shall be convener, — for examination of commissions transmitted to the agent as aforesaid ; and the said committee shall, by their con- vener, report to the Assembly, at its first diet, how far the said commissions appear to be regular and according to law and prac- tice, and whether any of the same be, in these respects, defective. 2. Along with commissions in favour of ruling elders, there shall be transmitted to the agent the certificate required by the Act of Assembly 1839, cap. 12, anent the qualification of representative elders. 293 APPENDIX. H. All commissions reported by the ageut's committee to be de- fective, or which, on the report of the said committee, shall be objected to by ?»,ny party having interest, or by any member of Assembly, shall be remitted by the Assembly to a committee of nine of its members, of whom three shall be a quorum ; and the committee of Assembly shall report upon the said commissions to the diet of Assembly held next after the date of the appointment of the said committee. 4. It shall be competent to lodge with the agent for the Church commissions which have not been previously transmitted to him in terms of section 1, supra, at any period during the sitting of the Assembly ; and such commissions shall be suljmitted by the agent to the Assembly at their meeting on the day next after the day on which the commissious shall have been so lodged, and shall either be disposed of by the Assembly at once, or be remitted to their Committee on Disputed Commissions, as to the Assembly shall seem proper. 5. The Committee on Disputed Commissions shall, if called upon, or if it shall appear to the committee necessary or expedient so to do, hear the party whose commission is objected to, by himself or by his counsel or agent, in support of his commission ; and also any party or parties who may object to such commission. II. As TO Constituting the Assembly, and the Appointment of, AND Procedure before, the Committees for Despatch OF Business. 6. The commissioners elected to serve in the Assembly shall convene in the Assembly Hall on the day fixed for the meeting of Assembly, at the usual hour, and after Sermon, according to the present practice, — when, after prayer by the moderator of the last preceding General Assembly, the names of all parties whose com- missions have beefi. lodged with the agent previous to the meeting of Assembly shall be read by him to the House. 7. The election of a moderator shall then be made. 8. Her Majesty's commission to the Lord High Commissioner shall then be read and recorded. 9. Her Majesty's letter to the Assembly shall then be read, and a committee shall be appointed to frame an address in answer thereto. 10. The report of the agent's committee upon commissions transmitted to or otherwise lodged with the agent shall then be 294 APPENDIX. called for and read, and shall be disposed of in manner prescribed in section 3, supra. 11. The following committees shall then be nominated, — viz., Committee on Disputed Commissions ; Committee on Overtures ; Committee on Bills ; Committee for Arranging the Order of Busi- ness ; Committee for Classing Returns to Overtures ; Committee for Revising the Record of the Commission. 12. When there is a vacancy in any of the offices of the ordinary office-bearers of the Assembly, such steps as to the Assembly may appear proper shall then be taken for supplying the vacancy. 18. The committees appointed in terms of section 11, supra, shall meet respectively at the times and places specified in the minute of their appointment ; and the Committees on Bills and Overtm^es shall respectively make a report to the Assembly, at its diet next following the diet when the said committees w^ere ap- pointed, and at such times thereafter as the state of the business brought before them may render expedient, or as the Assembly shall direct. 14. The Committee for Arranging the Business of the Assembly shall report to the Assembly from time to time as the state of the business may render expedient ; and the Committee for Revising the Record of the Commission shall report to the Assembly before its close, and as soon as may be after the appointment of the said committee. 15. Overtures from synods or presbyteries shall be presented to the Committee on Overtiu-es by the commissioners from the pres- bytery, or by the commissioners from some presbytery within the bounds of the synod promoting the overtme ; and no overture from a synod or presbj^ery shall be transmitted to the Assembly by the Committee on Overtures, if not so presented to them. 16. Overtm-es by individual members of the Assembly shall be presented to the Committee on Overtures by the parties promoting such overtiu-es ; and no such overture shall be transmitted to the Assembly by the Committee on Overtures unless it shall be so pre- sented to the committee. 17. Applications to the Committee on Bills shall be made by petition, subscribed by a party having an interest in the cause or other matter referred to in the said petition, or by his counsel or didy authorised agent ; and in the said petition there shall be specitied the cause or other matter sought to be transmitted to the Assembly, and all documents connected therewith also souo-ht to be transmitted. 18. Along with applications for transmission to the Assembly, 295 APPENDIX. of appeals, or of dissents and complaints against the judgments of inferior courts, there shall be produced to the committee an extract of the judgment complained of, and an extract or certified copy of the relative reasons of ap2)eal, or of dissent and complaint, with all documents or copies certified by the clerk of the court whose judgment is appealed against to be correct copies of all documents forming part of the record in the inferior court. 19. In all causes brought up to the Assembly by appeal or other- wise, the record shall be held to consist of the entire minutes of the inferior courts in relation to the cause, and of the evidence, whether parole or documentary, adduced in the same, whether engrossed in the minutes or lodged in the inferior court and kept in reteiitis ; and no documents not forming part of the record shall be transmitted by the Committee on Bills to the Assembly, in connection with any cause, with the exception of reasons of ap- ]ieal, or of dissent and complaint, which shall, in all cases where tendered, be transmitted along with the record. 20. When there shall be more than one appeal in the same cause, or* more than one dissent and complaint, or one or more appeals, as well as one or more dissents and complaints, it shall not be neces- sary to produce, along with the petition to the committee in each appeal, or dissent and complaint, the record in the cause, or a certified co])y of the same ; but it shall be sufficient to refer to the record, as produced along with the petition relative to any other appeal or dissent and complaint ; provided always, that along with every petition to transmit an appeal, or dissent and complaint, there shall be produced an extract of the judgment comj^lained of. 21. Where any cause shall be referred by an inferior court to the General Assembly, the clerk of such inferior court shall, as soon as may be after the reference has been made, transmit to the agent for the Chiu^ch the record in such cause, or a duly certified extract or copy of the same ; and along with every application to the committee to transmit such reference to the Assembly, there shall be produced an extract of the minute of the inferior court containing the reference, and the petition shall refer to the record, or to the extract of the same, as having been transmitted to, and as being in the hands of, the agent for the Chiu'ch. 22. That in the cases specified in the last preceding section, the agent for the Church shall produce to the committee the record in any cause transmitted to him as aforesaid, and referred to in any application to the committee; and the committee, if they shall agree to transmit the reference to the Assembly, shall trans- mit, along therewith, the record in the cause. 296 APPENDIX. 28. That along with all applications to the committee to trans- mit to the Assembly original petitions, or other applications to the Assembly in the first instance, there shall be produced to the committee a wi-itten copy of such petition or other application, subscribed by the party promoting the same, or by his counsel or agent, and all documents referred to in the said petition, or upon which the petitioner intends to found in support of his application, and which are not already before the House. III. Regulations as to Printing. 24. In causes brought before the Assembly by appeal, involv- ing the merits of the cause, the appellants shall print, in the form at present in use, and shall lodge with the agent for the Church, not less than 450 copies of the judgment or deliverance com- plained of, and relative record, not later than the Monday pre- ceding the day fixed for the meeting of the Assembly; and no such cause shall be entertained by the Assembly, where it shall appear, when the cause is called for discussion, that such prints have not, when the cause is so called, been lodged with the agent for the Church. 25. In causes brought before the Assembly by dissent and com- plaint, invohang the merits of the cause, it shall be optional to the complainers either to comply with the regulations as to print- ing prescribed by the last preceding section in the case of appeals, or to lodge with the agent for the Church, at the time and in the manner jjrovided with regard to prints in appeals, a complete wi'itten cojiy of the judgment complained of, and relative record. 26. In appeals, or dissents and comf»laints, upon incidental points not involving the merits of the cause, the appellant or complainer shall print, or furnish written copies, and shall lodge with the agent for the Church, in manner above provided with regard to appeals and dissents and complaints upon the merits, and under a similar sanction, the judgment com[)lained of, and such parts of the relative record as may have a bearing upon the said judgment ; provided always, that in the case of such appeals and complaints upon incidental matters, the appellant or com- plainer shall serve ui)ou the respondent, or his known agent, on the same day on which he shall lodge his print or written co])y of the proceedings with the agent for the Church, a similar print or written copy of such proceedings ; and it shall be competent 297 APPENDIX. for the respondents, at any time before the hearing of the cause, to print, or furnish a written copy, as the case may be, of such additional portions of the proceedings as they may think lit. In all cases where prints are lodged with the agent for the Church, by either of the parties in a cause, in terms of these regulations, the agent shall be entitl'^d, on application made to him for that purpose, to supply six copies of such prints to the opposite party or parties in the cause, or to his or their duly authorised agents. 27. When an inferior court shall refer a cause to the Assembly, the parties to the said cause shall, at their joint expense, print and lodge with the agent for the Church the minute containing the reference and relative record, at the same time as is provided with regard to the print in the case of appeals ; imder certifica- tion that if any of the parties shall refuse to contribute his share of the expense of such print, before the time when the cause is called for discussion, he shall be considered as having deserted the cause, and shall not be entitled to be heard. 28. Parties promoting original petitions, or other applications to the Assembly in the first instance, shall print and lodge with the agent for the Church, on or before the Monday preced- ing the day on which the Assembly meets, not less than 450 copies of such petition or other application, and of all documents transmitted along therewith to the Assembly by the Committee on Bills ; provided always, that in causes arising out of trials for licence or ordination, or out of matters relating to Church ordi- nances, or any matter not involving the interests of private par- ties, brought before the Assembly by reference, or by petition presented to the Assembly by any minister or member of a Church court in the discharge of his public duty as such, it shall be optional to the court making the reference, or to the party or parties insisting in such cause, either to print and lodge with the agent printed copies of the proceedings in the same, in manner already provided with regard to appeals, or to lodge with the agent a written copy of the said proceedings, in manner i)rovided with regard to dissents and complaints. 29. The parties promoting . any overtvtres to the General Assem- bly shall print and lodge with the agent for the Church, on or before the Monday of the week in which the Assembly meets, not less than 450 copies of such overture ; provided always, that in the case of any overtures relating to matters emerging after the meeting of the Assembly, such overtures shall be printed and lodged with the agent at least two days before discussion of the same by the Assembly. 298 APPENDIX. 30. The clerk of the Assembly shall preserve two copies of every print lodged with, the agent for the Church in manner above provided ; one copy of which print, having a copy of the judgment of the Assembly in the cause to which it relates prefixed or an- nexed thereto, shall be bound up and kept in the records, and the other copy, also having the judgment written thereupon, shall be lodged in the library. IV. Order of Pleading in Causes. 31. In causes brought before the Assembly by appeal, or by dissent and complaint, where there is only one appellant or com- plainer, or one set of appellants pr complainers, concurring in the same reasons of appeal, or of dissent and com])laint, and one respondent, or one set of respondents, concurring in the same answers to the reasons of ap}ieal, or of dissent and complaint, the case for the apj^ellant, or comjilainer, shall be stated by himself or by his counsel, who at the same time shall submit such argu- ment upon the case as he shall think tit ; and the party or counsel so stating the appeal or complaint shall be followed by the re- •spondent or his counsel ; and at the close of the answer to the opening statement for the appellant, he shall be entitled to be again heard, and the respondent shall also be entitled to be heard in answer to the second speech for the appellant or complainei- ; and if, in his final answer, the respondent or his coimsel shall state any fact, or submit any argument not adverted to in his answer to the opening statement for the ap})ellant, the appellant or complainer shall be entitled to a reply upon the new matter introduced in the final answer for the respondent; but with the exception of this right of re[)ly so limited, in no case shall more than two speeches be allowed to each })arty at the bar. 32. In such causes as those referred to in the last preceding article, and in which there are more than one appellant or set of appellants, and respondents, insisting on the a[)peal, or dissent and complaint, or supporting the judgment complained of, on different grounds, and in separate reasons or answers, each appel- lant, or complainer, shall be entitled to open and state his separate case, and each respondent shall be entitled to make his separate answer, and the debate shall be closed with a reply for the seve- ral appellants ; provided always, that it shall be competent to the j)arties, with consent of the House, to make any arrangement for 299 APPENDIX. conducting the debate other than that herein prescribed, which shall have the effect of limiting, farther than is herein done, the number of speeches to be made from the bar. 33. In causes brought before the Assembly by reference from an inferior court, the reference shall be stated to the House by one of the commissioners of the presbytery, or by a commissioner from a presbytery within the bounds of the synod making the re- ference, in his place as a member of the House, or by some mem- ber of such presbytery or synod specially appointed for that pur- pose ; and the Assembly shall thereafter hear the parties in the cause referred, in such order as the shape of the case may seem to require, keeping in view the regulations in the last two preceding articles. 34. It shall be competent for any member of an inferior court whose judgment is brought under review of the Assembly, to appear at the bar in support of the judgment ; but where commis- sioners have been specially appointed by the inferior courts to support their judgment, the Assembly shall not hear any member of such court, other than one of the members so appointed, unless any member not so appointed, and who wishes to be heard, can show a separate and pecidiar interest to support the judgment ; and it shall, in all such cases, be competent to the Assembly to limit the number of members of an inferior comi; who shall be heard in support of the judgment under review. 35. Where a judgment of a synod, affirming a judgment of a presbytery, is brought under review of the Assembly, the members of presbytery shall have no status as parties at the bar, except in the character of members of the synod ; but where a reversal by a synod, of a judgment of a presbytery, is under review, the pres- bytery may appear and be heard at the bar of the Assembly, as appellants against the judgment, provided always that they com- ply with the regulations herein contained, regarding causes brought under review of the Assembly by appeal. 36. Where a synod reverses a judgment of a j)resbytery, on a dissent and complaint, and the presbytery appeal against the re- versal, the complainers in the dissent and complaint to the synod may appear, and be heard at the bar of the Assembly, as respond- ents to the appeal for the presbytery. 37. In causes brought before the Assembly by petition, or other application to the Assembly in the first instance, the party pro- moting the said application shall be entitled to be heard in sup- ])ort of the same ; and the Assembly, if required so to do, shall also hear an answer from any party upon whom they may have 300 APPENDIX. directed such application to be served, or whom they shall con- sider to be a proper respondent ; and the debate at the bar shall be closed with a reply from the party promoting the application. Order of Debate in the House, and as to Putting the Question and Taking the Vote. 38. It shall be competent to any member of Assembly to make such motion as he shall think fit, upon any matter regularly brought imder the consideration of the Assembly ; and any mem- ber so moving shall state the terms of his motion in writing, to be laid upon the table of the House. It shall not be competent for any member to withdraw a motion which he has once made, or so to vary the terms of his motion as to render the same in sub- stance another motion, without the leave of the Assembly. 39. When a motion so made is seconded, it shall be competent for any member to move an amendment upon the same, of which he shall also state the terms in writing ; and when the motion and amendment have been duly made, seconded, and laid upon the table, it shall be competent for any member to be heard in support of one or other of the propositions before the House ; and the de- bate shall be closed with a reply, if he think fit to claim a reply, from the mover of the motion. 40. When there is only one amendment to the motion proposed to the House, the vote shall be taken at the close of the debate, upon the motion and amendment. 41. Where there is more than one amendment, the vote shall be first taken upon the question, which of the amendments shall be put against the motion ; and this question shall be decided by one or more votes, according as there are two or more amend- ments submitted to the House. 42. All motions after the first shall be dealt with as amend- ments on the first motion, to the effect of being disposed of in manner above provided in article 41. 43. It shall be competent to any member of the House present at the vote to enter u]ion the minutes a dissent from the judgment or resolution of the House, immediately after the vote ; and to lodge thereafter his reasons of dissent, to which any member pre- sent at the vote may adhere, either when such dissent is taken, or at the next diet of the Assembly thereafter. But it shall not be 301 APPENDIX. competent to enter a dissent at any diet after that at whieli the resolution dissented from was passed. VI. As TO Miscellaneous Business. 44. All applications for constitiitions for new churches, and the relative documents, shall, along with the feudal titles of the churches and grounds, be transmitted, one month before the meeting of each Assembly, to the Home Mission Committee, or such other committee as the Assembly may have specially ap- pointed for receiving the same, along with extracts of the approval of the proposed constitutions by the presbyteries of the respective bounds, or of their deliverances upon the proposals ; and such committee shall revise the proposed constitutions and examine the titles, and report to the Assembly their opinion as to any altera- tions that should be made on the proposed constitutions, the said committee giving to all parties who may have appeared before the respective presbyteries, eight days' notice of the day fixed for the consideration of their case, in order that they may attend for their interest, — certifying all j^arties apj)lying for constitutions for new churches, that if they fail so to transmit for revisal and examination the documents aforesaid, their applications will not be entertained by the Assembly : Provided always, that where the said docu- ments have been transmitted, they must also be thereafter regularly passed to the Assembly through the Committee of Bills, in com- mon form ; and all parties who have made compearance in the presbyteries shall be entitled, as at present, to be heard before the Assembly to which the applications are so passed, or any com- mittee to be appointed by them, on their objections to the consti- tutions for the proposed chmxhes, or to the report of the Home Mission, or other committee specially appointed as aforesaid. 45. Manuscript reports to the Assembly shall be written upon foolscap paper, and so as to admit of being bound up into volimies, and it shall not then be necessary to engross them in the Record. 46. Where several overtures have been transmitted to presby- teries by the Assemblj^ the return by the presbytery to each over- ture shall be written upon a separate sheet of foolscap paper. 47. The Standing Orders shall be read over by one of the clerks on the first day of the meeting of every Assembly, if any member shall require that they shall be so read ; and any motion for re- peal or amendment of any of the Orders shall be brought before 302 APPENDIX. the Assembly in like manner with overtures in regard to other matters ; provided always, that it shall be competent to the As- sembly, on the motion of any member to that effect, and on cause shown, summarily to dispense with the observance of the Standing Orders, or of any of them, in any particidar case. VII. Closing of the Assembly. 48. When the business set down for the last Monday of the sitting of the Assembly shall have been disposed of, the Assembly shall be closed by addresses from the Moderator to the Assembly and to his Grace the Commissioner, and by the Commissioner to the Assembly; and with devotional exercises, according to the practice of the Assembly. Yin. An Act to remove Doubts respecting the Admis- sion OF Ministers to Benefices in that Part of the United Kingdom called Scotland. — (6 & 7 Vict, cajJ. Ql.—17th Aygust 1843.) Whereas certain Acts of the Parliament of Scotland, and of the United Kingdom of Great Britain, have declared that the right of collation in regard to the settlement of ministers in the parishes to which they may be presented, belongs to the Church established by law in that part of the United Kingdom called Scotland : And whereas provision has been made by these Statutes for securing to the Church the exclusive right of examining and admitting any person who may be presented to a benefice having cure by the patron of such benefice ; and in particular by an Act passed in the Parliament of Scotland in the year one thousand five hundred and sixty-seven, intituled "Admission of Ministers;" of Laick Patronage.^, it is statute and ordained, that the examination and admission of ministers within this realm be only in the power of the Kirk now openlie and publicly professed within the samin, the presentation of laick patronage alwaies reserved to the just and auncient patrones ; and by an Act passed in the Parliament of 303 APPENDIX. Scotland in the year one thousand live hundred and ninety-two, intituled "Ratification of the Liberty of the trew Kirk," the government of the Church by presbyteries, synods, and general assemblies was ratified and established, and it was ordained that all presentations to benefices be direct to the particular presby- teries in all time cumming, with full power to give collation thereupon, and to put ordoiu* to all maters and causes ecclesias- tical within their boundes according to the discipline of the Kirk ; providing the foresaids presbyteries be bound and astricted to receive and admit whatsiuuever qualified minister presented be His Majesty or laick patrones ; and by an Act of the Parliament of Great Britain passed in the tenth year of the reign of Her Majesty Queen Anne, intituled " An Act to restore the Patrones to their ancient Plights of presenting Ministers to the Churches vacant in that Part of Great Britain called Scotland," the right of the Church to receive and admit persons presented to benefices was again recognised and secured ; and by an Act of the Parlia- ment of Great Britain passed in the fifth year of the reign of His Majesty King George the First, intitided "An Act for making more effectual the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches in Scotland, providing that certain Oaths should be taken by Minis- ters and Preachers of the Church of Scotland, and for preventing Delays in the supplying or filling up of vacant Churches in Scot- land," it is also declared and enacted that nothing herein con- tained shall prejudice or diminish the rights of the Church, as the same now stands by law established, as to the trying of the qualities of any person presented to any church or benefice : And whereas it is expedient to remove any dou.bt which may exist as to the powers and jurisdiction of the Church as by law established in Scotland in the matter of collation, and as to the right of the Church to decide that no person be settled in any parish or bene- fice having cure against whom or whose settlement in such parish or benefice there exists any just cause of exception : May it there- fore please your Majesty that it may be declared and enacted, and be it declared and 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 when a pre- sentation to any benefice within that part of the United King- dom called Scotland by the undoubted patron has been laid be- fore the presbytery of the bounds, it shall and may he lawful ff»r the presbytery, as part and as the commencement of the proceed- 304 APPENDIX. iiigs in the examination and admission of the person so i>resented for the cure of that parish, and of the trial of his gifts and qualities, to appoint him to preach in the church of the said parish at such times as the presbytery may direct, or as may be directed by any regulations of the General Assembly to that effect ; and after the presentee shall have preached in the parish church according to the directions of the I'resbytery, the presby- tery, or a committee of their number, shall meet, after due notice, at the said church, and shall intimate that if any one or more parishioners being members of the congregation have any objection to the individual so presented, in respect to his ministerial gifts and qualities, either in general or with reference to that particu- lar parish, or any reason to state against his settlement in that parish, and which objections or reasons do not infer matter of charge against the presentee to be prosecuted and followed out according to the forms and discipline of the Church, the presby- tery are ready, either then or at their next meeting, to receive the same in writing, or to write down the same in their minutes in the form and manner which such ])arishioners may desire. II. And be it enacted. That the objections or reasons aforesaid shall be fully considered and disposed of by the presbytery by whom they are to be cognosced and determined on judicially, or shall be referred by the presbytery to the superior judicatory of the Church for decision, as the presbytery may see cause, the presentee and all parties having interest being heard in either case on the same ; and the presbytery or other judicatory of the Church to whom the said objections or reasons shall be stated or referred as aforesaid shall, in cognoscing and determining on the same judicially, have regard only to such objections and reasons so stated as are personal to the presentee in regard to his minis- terial gifts and qualities, either in general or with respect to that particular parish, but shall be entitled to have regard to' the whole circumstances and condition of the parish, to the spiritual welfare and edification of the people, and to the character and number of the persons by whom the said objections or reasons shall be preferred ; and if the presbytery or other judicatory of the Church shall come to the conclusion, as their judgment on the whole matter, that the said objections or reasons, or any of them, are well founded, and that in respect thereof the individual presented is not a qualified and suitable person for the f mictions of the ministry in that particular parish, and ought not to be settled in the same, they shall pronounce a deliverance to that effect, and shall set forth and specify in such deliverance the 305 u APPENDIX. special ground or grounds on whicli it is founded, and in respect of which they find that the presentee is not qualified for that charge, in which event they shall intimate their deliverance re- specting the presentee to the patron, who shall thereupon have power to issue another presentation within the period of six calendar months after the date of such deliverance if no appeal shall be taken to a superior judicatory of the Church, or in the event of an appeal being taken to a superior judicatory of the Church, then within six months after the date of the judgment of the superior judicatory of the Church afl&rming the deliverance of the inferior judicatory of the Church or dismissing the appeal. III. And be it enacted. That if the presbytery or other judica- tory of the Church, after considering all the objections aforesaid to the presentee, and all the reasons stated against his settlement in that particular parish, shall be satisfied, in the discharge of their functions and in the exercise of their authority and duty as ministers of the gospel and as office-bearers in the Church, that no good objections against the individual or no good reason against his settlement has been stated as aforesaid, or that the objections and reasons stated are not tridy founded in any objection personal to the presentee in regard to his ministerial gifts aud qualities, either in general or with reference to that particular parish, or arise from causeless prejudices, the said presbytery or other judi- catory of the Church shall repel the same, and, subject to the right of appeal as herein-after provided, shall complete the further trials and examination of the presentee, and, if found by them to be qualified for the ministry in that parish, shall admit and receive him into the benefice as by law provided. IV. And be it enacted, That it shall not be lawful for any pres- bytery or other judicatory of the Chiu-ch to reject any presentee upon the ground of any mere dissent or dislike expressed by any part -of the congregation of the parish to which he is presented, and which dissent or dislike shall not be founded upon objections or reasons to be fully cognosced, judged of, and determined in the manner aforesaid by the said presbytery or other judicatory of the Church. V. And be it enacted. That it shall be in the power of the pre- sentee, patron, or objectors to appeal from any deliverance pro- nounced as aforesaid by the said presbytery acting within its competency as a judicatory of the Church, which appeal shall lie exclusively to the superior judicatories of the Church according to the forms and government of the Church of Scotland as by law established. 306 APPENDIX. VI. And whereas by an Act of the General Assembly of the Church of Scotland, of date twenty-ninth May One thousand eight hundred and thirty-five, it was made an instruction to presbyteries that if at the moderating in a call to a vacant parish the major j)art of the male heads of families, members of the vacant congre- gation 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 presb5rtery rejecting such person, and that he shall be rejected accordingly, and certain regulations were passed for carrying the said instructions into effect : And whereas it has been found by final judgment of the Court of Session, affirmed by the House of Lords, that a presbytery, acting in pursuance of said Act of Assem- bly and regulations, refusing to take trial of the qualifications of a presentee, and rejecting him on the sole ground that a majority of the male heads of families communicants in the said parish have dissented, without any reasons assigned, from his admission as minister, acted illegally and in violation of their duty, and contrary to the provisions of certain statutes of the realm, and particular! \^ the statute of the tenth year of Queen Anne, chapter twelve, intituled "An Act to restore Patrons to their ancient Rights of pre- senting Ministers to the Churches vacant in that Part of Great Britain called Scotland : " And whereas in some instances' a pre- sentee has, in pursuance of the said Act of Assembly and regulations relative thereto, been rejected by a presbytery because of the dis- sents of male heads of families communicants, and a presentation has thereafter been issued in favovir of a second or subsequent presentee, who has been settled in the same benefice, and whose settlement therein and right thereto have not been questioned in any court of law : And whereas it is expedient that such settle- ment in and right to the benefice should be secured and protected from future challenge on the ground of the incompetency of the rejection of the first or prior presentee; be it enacted, That it shall not be competent to challenge the settlement or right to the bene- fice of any such second or subsequent presentee, or to maintain any proceedings at law against the presbytery or ministers thereof, or other parties, on accoimt of such rejection, unless such challenge or proceedings shall have been instituted by action raised in a court of law before the first day of May last. THE END. PRINTED BY WILLIAM BLACKWOOD AND SONS, EDINBURGH. a )^ BW5356 .A15W7 Index to the acts and proceedings of the Princeton Theological Seminary-Speer Library 1 1012 00035 4771 wm'\ \i ■■: :-^m:,i 2 ;^ V* ■; « i \ f.-'^^f'/'^'--'^^ jSa 1 P 1 mm^. 11' Wm