Acts
1752

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Institute of Historical Research

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Church Law Society (editors)

Year published

1843

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Pages

706-715

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'Acts: 1752', Acts of the General Assembly of the Church of Scotland 1638-1842 (1843), pp. 706-715. URL: http://www.british-history.ac.uk/report.aspx?compid=60154 Date accessed: 02 August 2014.


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The principal acts of the general assembly, convened at Edinburgh, May 14, 1752.

I. Sess. 1, May 14, 1752.—The King's Commission to Alexander Earl of Leven produced, and ordered to be recorded.

The General Assembly, &c.

II. Sess. 1, May 14, 1752.—The King's most gracious Letter to the General Assembly, presented to them by his Majesty's Commissioner.

George, R., &c.

III. Sess. 3, May 16, 1752.—The General Assembly's Answer to the King's most gracious Letter.

May it please your Majesty, &c.

IV. Sess. 8, May 22, 1752.—Act Deposing Mr Thomas Gillespie, Minister at Carnock, from the Office of the holy Ministry within this Church, and appointing the Presbytery of Dunfermline to admit Mr Andrew Richardson as Minister of the Parish of Inverkeithing.

The General Assembly, in pursuance of the orders given on Monday last to the Presbytery of Dunfermline, proceeded to call for the ministers of the said Presbytery to give an account of their conduct in consequence of the appointment then laid upon them to admit Mr Andrew Richardson as minister at Inverkeithing. The warrant to summon all the members of that Presbytery to meet at Inverkeithing, upon Thursday the 21st of May, for the said admission, and to summon each of the ministers of the Presbytery to appear at the bar of this House this day, together with a written execution of the same, were produced and read. The said ministers being called, there compeared Mr Robert Stark at Torryburn, Mr James Thomson at Dunfermline, Mr Thomas Fernie there, Mr David Hunter at Saline, Mr Robert Stark at Kinross, Mr James Stoddart at Culross, Mr Thomas Gillespie at Carnock, Mr Alexander Daling at Cleish, and Mr John Spence at Orwell. The Moderator produced and read a letter from Mr John Liston, minister at Aberdour, representing, that, according to the Assembly's appointment, he did attend at Inverkeithing yesterday, but could not appear before the Assembly this day because of his present indisposition; also, a letter from Mr James Bathgate, minister at Dalgettie, showing that he, in like manner, atended at Inverkeithing, but could not appear before the Assembly on account of the indisposition of his family. There was also produced and read a letter from Mr Robert Steedman, minister at Beith, together with an attestation from his physician, showing the bad state of his health, which made it unsafe for him to travel, so that he was not in condition to obey the Assembly's appointment concerning the admission of Mr Richardson, which otherwise he would willingly and cheerfully have submitted to. Then the ministers present being called upon, one by one, to give an account whether or not they had obeyed the Assembly's appointment, Mr James Thomson represented, that, according to the Assembly's appointment, he came to Inverkeithing yesterday at ten o'clock, and there met with Mr John Liston and Mr James Bathgate;—that they ordered the church bell to be rung between the hours of 11 and 12 o'clock forenoon;—that immediately upon the ringing of the bell they went to the session-house within the church of Inverkeithing, and there waited till two o'clock afternoon;—that they were required, under form of instrument, by Colonel Arthur Forbes and others, callers of Mr Richardson, to admit him as minister there, but found they were not empowered to proceed, there being only three of them, whereas the Act of Assembly required five to make a quorum, for the purpose of the said admission;—that to show their readiness to execute the said sentence before they left the church, they intimated to all present, and ordered the Presbytery officer to intimate at the most patent church door, that they were to stay an hour or more in town, in a house which they named, in order to meet with any other ministers, in case more should appear, so as to make a quorum; all which was contained in the instrument of protest taken by Colonel Forbes, and now lodged in the clerk's hands; and, accordingly, they waited in town till five o'clock at night. Mr Robert Stark at Torryburn represented, that he went to Inverkeithing yesterday morning, in order to converse with the elders, and others, opposers of Mr Richardson's settlement, and endeavour so far to reconcile them to his admission, as to give him clearness to join in it;—that having met with them, he did all in his power to soften them, but to no purpose; so that he left the place;—that he had nothing further to offer but what was contained in a representation signed by him and other five brethren, to which he referred. Mr James Stoddart being called upon, acknowledged that he was not at Inverkeithing, and pled his peculiar situation, as, by a sentence of the Court of Session, he was found to have no title to the legal benefice in the parish of Culross, for which reason he had chosen to behave himself in the manner that appeared to him the most inoffensive, and had acted no part in the present question, or in other affairs, which came before the Presbytery. Then Messrs David Hunter, Thomas Gillespie, Alexander Daling, Thomas Fernie, and John Spence, being called upon, acknowledged they had received the summons; that they had not obeyed the Assembly's appointment, and for the reasons of their conduct, they gave in a representation signed by them, and Mr Stark at Torryburn, whereof the tenor follows, viz.:—"Unto the very Reverend the Moderator, and the Reverend and Honourable Members of the Venerable Assembly of the Church of Scotland, met at Edinburgh 1752, the humble Representation of the Members of the Presbytery of Dunfermline, whose names are hereunto subjoined. We cannot but be deeply affected with our present situation, in being obliged to stand at the bar of this Venerable Assembly, to answer for non-compliance with any of their appointments; but as this court is so good as to allow us to speak in our own behalf, we shall therefore beg leave humbly to represent some of those things which have all along straitened us in the execution of the orders we received, and which still lay such difficulties in our way as we are not able to surmount; and this we hope to do with that plainess and honesty, and, at the same time, with that decent and dutiful respect to the supreme judicatory of this Church, which it is so justly entitled to expect from us. We need scarce observe how unjustly we have been represented, as having no other difficulty but the unreasonable fear of opposing the ill-grounded prejudices of our people; nor need we inform this House, that ever since the Act restoring patronages, in the end of Queen Anne's reign, there has been a vehement opposition to all settlements by presentations, where there was but small concurrence; which settlements have already produced a train of the most unhappy consequences, greatly affecting the interest of religion; and if turned into the stated and fixed rule of procedure, will, in all probability, be attended with every fatal effect. Now, under such a view and apprehension as this, was it any wonder, or was it inconsistent with that obedience with we owe to our earthly superiors in the Lord, that we should demur and stop short in carrying a settlement into execution, where, in our apprehension, there was by no means such a concurrence of persons residing in the parish as might give sufficient weight and influence for promoting the great ends of the ministry? The Assembly know well, that it appears, from their own Acts and resolutions, entered into their records, that the law of patronage has been considered as no small grievance to this Church, not to say as inconsistent with our Union settlement; and we find it declared, Act 25th of May, 1736, that it is, and has been, since the Reformation, the principle of this Church, that no minister shall be intruded into any parish contrary to the will of the congregation; and, therefore, it is seriously recommended by the said Act to all judicatories of this Church to have a due regard to the said principle, in planting vacant congregations, so as none be intruded into such parishes, as they regard the glory of God and the edification of the body of Christ; which recommendation we humbly apprehend to be strongly supported by the principles of reason, and the laws of our Lord Jesus Christ. Permit us to inform the Assembly, that after repeated endeavours used by committees of the Presbytery, to lessen the opposition to Mr Richardson in the parish of Inverkeithing, matters still remain in such a situation, that we are brought to this unhappy dilemma, either of coming under the imputation of disobedience to a particular order of our ecclesiastical superiors, or contributing our part to the establishment of measures, which we can neither reconcile with the declared principles, nor with the true interest of this Church. On the whole, we cannot help thinking, that by having an active hand in carrying Mr Richardson's settlement into execution, we should be the unhappy instruments, as matters now stand, to speak in the language of Holy Writ, of scattering the flock of Christ, not to mention what might be the fatal consequences of such settlements to our happy civil constitution. If the Venerable Assembly shall, on this account, judge us guilty of such criminal disobedience as to deserve their censure, we trust they will at least allow that we acted as honest men, willing to forego every secular advantage for conscience-sake. In such an event, this, through grace, shall be our support, that not being charged with any neglect of the duties of our ministry among those committed to our care, we are to suffer for adhering to what we apprehend to be the will of our great Lord and Master, whose we are, whom we are bound to serve in all things, and on whom we cast all our care. ROBERT STARK, DAVID HUNTER, THOMAS GILLESPIE, ALEXANDER DALING, THOMAS FERNIE, JOHN SPENCE." Mr Robert Stark, minister at Kinross, being called upon, said he had not received the summons;—that he was in Inverkeithing yesterday morning, but did not meet with the three brethren who were there, in order to execute the Assembly's appointment, for which he offered his reasons viva voce. But, afterwards, of his own proper motion, he signified to the Assembly that he was so sensible of the straits his brethren were in, and of the bad effects of disobeying the authority of the Church, that he was willing to expose himself to all hazards, and concur with the other three brethren who had shown their readiness in obeying the Assembly's appointment, in case they thought proper to renew the same. Then the Moderator earnestly recommended it to the six brethren who gave in the above Representation, to consider seriously the situation they were now in, and take the opportunity they as yet had of saving themselves from the displeasure of the Church. And being again called upon, and asked, one by one, if they had any more to offer, they declared they had nothing further to add; whereupon they were removed. The Assembly then caused read over again the Representation given in by the six ministers above mentioned, and proceeded to consider what was proper for them to do in the present case; and after long reasoning, it was proposed that the General Assembly should now resolve that one of the six disobedient brethren shall be deposed. Whereupon, the question was agreed to be put, Depose or Not? it being understood, that if it carried Depose, the Assembly's resolution should be as above. Then the rolls being called, and votes marked, it carried by a considerable majority, Depose. Accordingly, the Assembly did, and hereby do, resolve that one of the said six ministers shall be deposed, and they adjourn till to-morrow the consideration of what remains to be done in this matter; and the ministers of the Presbytery of Dunfermline being called in, the above resolution of the Assembly was intimated to them, and they were ordered to attend to-morrow.

Sess. 9, May 23, 1752.

The Assembly proceeded to the cause respecting the brethren of the Presbytery of Dunfermline, and having caused to be called the six ministers who had subscribed the Representation given in yesterday, they all compeared; after which they were removed, and then were severally called in, one by one, and asked, if they had any thing further to offer before the Assembly should proceed to consider their case, pursuant to the resolution of the Assembly yesterday. Mr Robert Stark at Torryburn answered, That he hears there will be some further accession to Mr Richardson in the parish of Inverkeithing, which, if he finds to be such as may clear his way, that will open his eyes in that matter. Mr Thomas Fernie answered, That as matters now stand, he has no freedom to have an active hand in the settlement. What he may do in the case of a change of circumstances he could not say till that change appears. Mr David Hunter answered, That as there is no alternation in the case since yesterday, as little can there be any change in his mind and sentiments. If an agreeable accession happen, it will be neither his inclination nor interest to be backward. Mr Alexander Daling answered, That he had nothing further to add. Mr John Spence, That he choosed to add nothing. Mr Thomas Gillespie read at the bar a Representation, expressing his adherence to the Representation given in yesterday, and said, that he had nothing further to add upon the subject. Then, after prayer for light and direction to the Assembly in their procedure and decision of this matter, it was put to the vote, which of the six brethren above mentioned shall be deposed, in pursuance of the resolution of yesterday; and the roll being called and votes marked, it was carried, Mr Thomas Gillespie. And, therefore, the General Assembly did, and here by do, in the name of the Lord Jesus Christ, the sole King and Head of the Church, and by virtue of the power and authority committed by him to them, depose Mr Thomas Gillespie, minister at Carnock, from the office of the holy ministry, prohibiting and discharging him to exercise the same, or any part thereof, within this Church in all time coming; and the Assembly did, and hereby do declare, the church and parish of Carnock vacant from and after the day and date of this sentence. Then the Assembly proceeded to consider the case of the other ministers, members of the said Presbytery of Dunfermline, and, without a vote, came to the following resolution, viz.: They do hereby acquit Mr James Stoddard, minister at Culross, in respect of his special circumstances. They sustain the excuse of Mr Robert Steedman at Beith for not complying with the appointment of this Assembly, and not compearing at the bar yesterday, in respect of his bad state of health: And find, that Messrs James Thomson at Dunfermline, John Liston at Aberdour, and James Bathgate at Dalgettie, did their duty in attending at Inverkeithing, and showing their readiness to execute the Assembly's orders in case there had been a quorum, and the Assembly sustains the excuses of the said Messrs Liston and Bathgate for not attending at the bar of this Assembly; and because of the declaration yesterday emitted by Mr Robert Stark at Kinross at the bar, the Assembly pass from any censure upon him for his conduct hitherto. And the General Assembly, taking into their consideration the case of the remaining five disobedient brethern of the Presbytery of Dunfermline who have signed the Representation to this Assembly, and that, by the deposition of Mr Thomas Gillespie at Carnock, they not only have asserted the authority of this Supreme Court, but have inflicted upon him a censure adequate to repeated acts of disobedience adhered to tenaciously when at the bar; and that albeit the remaining offenders may have deserved the same censure, as being involved in the same transgression, yet being desirous to mix mercy and lenity with their judgment, do therefore remit to the Presbytery of Dunfermline to settle and admit the said Mr Andrew Richardson as minister of the parish of Inverkeithing, on or before the 18th day of June next to come, and ordain an exact list of the ministers who shall be present on that day, for the effect foresaid, to be made up and entered into the minutes of the Presbytery, with such excuses as may be made by any of them who shall happen to be absent; and the Assembly empowers and requires the Synod of Fife, at their first meeting after the said admission, to consider the said excuses, and either to sustain or reject the same; and the General Assembly hereby suspends such of those who shall be absent, and shall not send excuses from and after the day of the said admission, and such of them whose excuses shall be rejected by the said first meeting of the Synod after their admission, from and after the date of such sentence of the Synod, from the exercise of their offices in all Presbyteries, Synods, and General Assemblies, ay and until they shall respectively testify their sorrow for their disobedience to the Acts and ordinances of the General Assembly, either to their own Presbytery or Synod, or to any Assembly or Commission thereof, upon entering of which into the minutes of the Presbytery, Synod, or Commission, they are empowered and required to take off this sentence of suspension, and to repone them, or any of them, respectively, to the full exercise of their office in their judicative capacity. And it is hereby declared, that it shall be competent for any member of the said Synod to dissent from the judgment of the Synod, sustaining or rejecting the excuses offered, and that such dissent shall be a sufficient foundation for reviewing that sentence in the ensuing General Assembly. And the ministers above named, of the said Presbytery of Dunfermline, being called, and all of them compearing, the foresaid sentence of deposition was pronounced and intimated in the words before mentioned, to the said Mr Thomas Gillespie, by the moderator from the chair, and the foresaid judgment and resolutions of the Assembly, with respect to the other brethren, were likewise intimated to them; and it being represented to the Assembly, that the next ordinary meeting of the Presbytery of Dunfermline is to be held on the first Wednesday of June, the General Assembly appoint the said Presbytery, at that meeting, to fix the particular day for the admission of the said Mr Richardson at Inverkeithing, in pursuance of this Act and appointment; which being also intimated to the parties at the bar, promoters of Mr Richardson's said settlement, Mr. Archibald Murray, Advocate, in their name, took instruments thereupon in the clerk's hands.

V. Sess. 9, May 23, 1752.— Commission to some Ministers and Ruling Elders for Reformation of the Highlands and Islands, and for Managing his Majesty's Royal Bounty for that end.

The General Assembly, &c.

VI. Sess. ult., May 25, 1752.— Commission to some Ministers and Ruling Elders for discussing Affairs referred to them.

The General Assembly, considering that there are divers affairs which they cannot overtake, do hereby nominate, commission, and appoint, the Reverend Mr Patrick Cuming, one of the ministers of Edinburgh, their Moderator; and from the Presbytery of Annan, Mr Alexander Orr at Hoddam, Mr James Gaat at Graitnay, ministers; Mr Robert Dalrymple, Writer to the Signet, ruling elder. Burgh of Annan, John Johnston, provost thereof. From the Presbytery of Langholm, Mr James M'Garroch at Eskdalemuir, Mr Robert Petrie at Canonbie, ministers; Matthew Irvine, merchant in Langholm, ruling elder. From the Presbytery of Lochmaben, Mr Gabriel Gulan at Dryfesdale, Mr James Lindsay at Lochmaben, Mr David Imrie at St Mungo, ministers; Peter Halliday in Barntimpan, ruling elder. Burgh of Lochmaben, Mr James Erskine, Advocate. From the Presbytery of Penpont, Mr William Moodire at Glencarin, Mr John Irvine at Sanquhar, ministers; James Orr, clerk of Sanquhar, ruling elder. Burgh of Sanquhar, the Honourable Patrick Boyle of Shewalton, Esq., one of the Senators of the College of Justice. From the Presbytery of Dumfries, Mr Andrew Beveridge at Carlaverock, Mr John Ewart at Troqueer, Mr James Hog at Kirkbean, ministers; the Right Honourable Charles Erskine of Tinwald, Lord Justice-Clerk. Burgh of Dumfries, James Gilchrist, merchant there. From the Presbytery of Kirkcudbright, Mr John Lamont at Kelton, Mr Peter Yorston at Kells, Mr David Forbes at Borgue, ministers; Robert Nasmith, younger of Earlshaugh, ruling elder. From the Presbytery of Wigton, Mr Edward Boyd at Wigton, Mr James Maitland at Sorbie, ministers; William Hanna of Kirkdale, ruling elder. Burgh of Wigton, Dr Alexander Martine of Little Airies, physician. Burgh of Whithorn, Hugh Hathorn, merchant, and late Dean of Guild of Edinburgh. From the Presbytery of Stranraer, Mr John Dickson at Newluce, Mr Thomas Mutter at Leswalt, ministers; Dr James Dalrymple of Dunraggat, ruling elder. From the Burgh of Stranraer, Mr Andrew M'Dowall of Kingseat, Advocate. From the Presbytery of Ayr, Mr William Coats at Dalmellington, Mr Hugh Hamilton at Girvan, Mr William Auld at Mauchline, Mr William Walker at Monkton, Mr Andrew Mitchel at Muirkirk, ministers; Mr Alexander Boswell of Auchinleck, Advocate, and Mr David Dalrymple, Procurator for the Church, ruling elders. From the Presbytery of Irvine, Mr John Montgomery at Stewarton, Mr Robert Hall at Kilmarnock, Mr Charles Bannatyne at Irvine, ministers; Bailie William Gilchrist at Kilmarnock, ruling elder. From the Presbytery of Paisley, Mr Robert Paton at Renfrew, Mr Peter Scott at Paisley, Mr James Hamilton there, ministers; Provost William Somerville, ruling elder. Burgh of Renfrew, Mr Archibald Campbell, younger of Succoth. From the Presbytery of Hamilton, Mr John Muirhead at Glasford, Mr John Currie at East Monkland, Mr Robert Bell at Strathaven, ministers; Mr William Gilmore, Probationer, ruling elder. From the Presbytery of Lanark, Mr Thomas Linning at Lesmahago, Mr James Porteous at Wiston, Mr John Bradefute at Dunsyre, ministers; Mr James White of Overstockbridge, ruling elder. From the Presbytery of Glasgow, Mr William Maxwell at Rutherglen, Mr John Oughter. son at Cumbernauld, Mr William Bell at Campsie, ministers; Richard Allan, merchant in Glasgow, ruling elder. City of Glasgow, John Murdoch, one of the present Bailies thereof; University of Glasgow, Mr Neill Campbell, Principal thereof. From the Presbytery of Dumbartion, Mr Andrew Gray at New Kilpatrick, Mr Andrew Duncanson at Roseneath, Mr John Colquhoun at Baldernock, ministers; John Robison of Boghall, ruling elder. Burgh of Dumbartion, Mr James Smollet of Bonhill, Advocate. From the Presbytery of Dunoon, Mr James Stewart at Kingarth, Mr Alexander Lamont at Kilfinan, ministers; Duncan Campbell of Southhall, ruling elder. From the Presbytery of Kintyre, Mr David Campbell at Southend, Mr Gershom Stewart at Kilbride in Arran; Mr Alexander M'Millan of Dunmore, Writer to the Signet, ruling elder. From the Presbytery of Inverary, Mr Patrick Pollock at Southknapdale, Mr Donald Campbell at Northknapdale, ministers; Colin Campbell of Kirkbride, Esq., one of the Commissioners of his Majesty's Customs, ruling elder. From the Presbytery of Lorn, Mr James Stewart at Kilbrandon, Mr William Campbell at Kilchrennan, ministers; Patrick Campbell of Monzie, Esq., ruling elder. From the Presbytery of Mull, Mr Lauchlan Campbell at Ardnamurchan, Mr Archibald M'Tavish at Torasay, ministers; Hector M'Lean of Torloisk, ruling elder. From the Presbytery of Dunkeld, Mr Alexander M'Lagan at Little Dunkeld, Mr Alexander Stewart at Blair-Athol, Mr Alexander Campbell at Weem, Mr John Macduff at Lethendy, ministers; His Grace James Duke of Athol, Robert M'Intosh, Agent for the Church, ruling elders. From the Presbytery of Perth, Mr James Oswald at Methven, Mr Charles Foot at Kinfauns, Mr Patrick Bannerman at Kinnoul, Mr James Gillespie at Dumbarnie, ministers; Mr Robert Craigie of Glendoig, Advocate, and John Belshes of Invermay, ruling elders. From the Presbytery of Stirling, Mr James Mackie at St Ninians, Mr James Turnbull at Denny, ministers; George Abercrombie, younger of Tillibody, Esq., ruling elder. From the Presbytery of Auchterarder, Mr Andrew Ramsay at Madderty, Mr Donald Munro at Monzie, Mr James Reid at Glendovan, ministers; Mr James Graham of Damside, Writer to the Signet, ruling elder. From the Presbytery of Dunblane, Mr Andrew Turnbull at Kippen, Mr James Stewart at Callender, ministers; Sir James Campbell of Aberuchil, Bart., ruling elder. From the Presbytery of Dunfermline, Mr John Liston at Aberdour, Mr James Thomson at Dunfermline, Mr James Bathgate at Dalgettie, ministers; Sir George Preston of Valleyfield, ruling elder. Burgh of Dunfermline, David Turnbull, merchant in Dunfermline. From the Presbytery of Kirkaldy, Mr Robert Spears at Burntisland, Mr David Marshall at Kirkaldy, Mr George Gib at Abbotshall, ministers; John Simson of Brunton, Esq., ruling elder. Burgh of Kirkaldy, Dr Robert White of Bennochie. Burgh of Dysart, Mr John Sinclair of Balgregie. Burgh of Kinghorn, Mr Gilbert Elliot of Lochgelly, Advocate. From the Presbytery of Cupar, Mr William Smibert at Kilmenie, Mr John Mathie at Collessie, Mr George Simson at Falkland, Mr Lawrence Gillespie at Auchtermuchty, ministers; the Right Honourable the Earl of Leven, and Mr Marshall of Kilkernie, ruling elders. Burgh of Cupar, Mr James Leslie of Milldeans, Advocate. From the Presbytery of St Andrews, Mr James Murison, Principal of the New College at St Andrews, Mr James Walker at Leuchars, Mr David Beath at Pittenweem, Mr Joseph Pitcairn at Carnbie, ministers; Mr James Anderson, Advocate, and Bailie Robert Waddel, Shipbuilder in Kilrenny, ruling elders. University of St Andrews, Mr David Young, Professor of Philosophy therein. From the Presbytery of Meigle, Mr James Lyon at Blairgowrie, Mr Alexander Scot at Kingoldrum, Mr David Thomson at Airlie, ministers; John Murray of Lintrose, Esq., ruling elder. From the Presbytery of Forfar, Mr James Donaldson at Glammis, Mr George Nicol at Kinnettles, ministers; James Carnegie of Finhaven, Esq., ruling elder. From the Presbytery of Dundee, Mr David Maxwell at Strathmartin, Mr George Lyon at Longforgan, Mr William Dall at Monifeith, ministers; William Morison of Naughton, ruling elder. From the Presbytery of Aberbrothwick, Mr Robert Preston at Arbirlot, Mr James Purdie at Guthrie, ministers; the Honourable Mr John Maul of Inverkeillor, one of the Barons of Exchequer, ruling elder. From the Presbytery of Brechin, Mr James Beattie at Maryton, Mr George Wilson at Kinnaird, Mr David Ferguson at Farnwell, ministers; James Bisset, merchant in Montrose, ruling elder. From the Presbytery of Fordoun, Mr Robert Young at Benholm, Mr James Walker at Dunnottar, Mr Alexander Forbes at Fetteresso, ministers; Arthur Straiton of Kirkside, ruling elder. From the Presbytery of Aberdeen, Mr John Lumsden, Professor of Divinity in the King's College of Aberdeen, Mr Arthur Mitchel at Kinnellar, Mr George Abercrombie at Footdee, Mr Robert Pollock, Professor of Divinity in the Marishchal College of Aberdeen, ministers; the Right Honourable William Grant of Prestongrange, Esq., his Majesty's Advocate, Alexander Robertson of Glasgowego, late Provost of Aberdeen, ruling elders. King's College, Mr George Gordon, Professor of Oriental Languages therein. From the Presbytery of Kincardine-O'Neil, Mr John M'Innes at Crathie, Mr Francis Downie at Lumphannan, Mr William M'Kenzie at Glenmuck, ministers; Sir Arthur Forbes of Craigevar, Bart., ruling elder. From the Presbytery of Alford, Mr John Lumsden at Strathdon, Mr Theodore Gordon at Kinnethmont, Mr Francis Adam at Cushney, ministers; Alexander Redford, merchant in Clatt, ruling elder. From the Presbytery of Ellon, Mr Andrew Moir at Ellon, Mr John Rose at Logie, ministers; George Clerk in Slains, ruling elder. From the Presbytery of Garioch, Mr Alexander Simson at Monymusk, Mr Alexander Turing at Oyne, Mr Alexander Gordon at Kintore, ministers; the Right Honourable Hew Dalrymple of Drummore, one of the Senators of the College of Justice, ruling elder. Burgh of Kintore, Mr Thomas Dundas, younger of Fingask. From the Presbytery of Deer, Mr Robert Garden at St Fergus, Mr James Walker at Peterhead, Mr William Taylor at New Deer, ministers; the Right Honourable the Lord Strichen, ruling elder. From the Presbytery of Turriff, Mr Andrew Ker at Turriff, Mr William Moir at Fyvie, ministers; George Ironside, in parish of Alva, ruling elder. From the Presbytery of Fordyce, Mr Walter Morison at Deskford, Mr James Ogilvie at Ordiquhill, ministers; Mr Robert Pringle, Advocate, ruling elder. Burgh of Cullen, Alexander Grant of Tochyneil. Burgh of Inverury, Sir Archibald Grant of Monymusk. From the Presbytery of Strathbogie, Mr Patrick Gordon at Belly, Mr Alexander Chalmers at Glass, ministers; Thomas Grant of Achoynanie, ruling elder. From the Presbytery of Aberlour, Mr Hugh Grant at Knockando, Mr James Gray at Rothes, ministers; the Right Honourable Patrick Grant of Elchies, one of the Senators of the College of Justice, ruling elder. From the Presbytery of Abernethy, Mr Patrick Grant at Duthill, Mr Patrick Grant at Cromdale, ministers; Mr John Grant, younger of Elchies, ruling elder. From the Presbytery of Elgin, Mr Alexander Murray of Birnie, Mr Alexander Murray at Duffus, ministers; Bailie Robert Grant, merchant in Elgin, ruling elder. From the Presbytery of Forres, Mr Robert Dunbar at Duke, Mr William Barron at Ardclach, ministers; John Dunbar at Bennagight, ruling elder. From the Presbytery of Inverness, Mr Alexander Mr' Bean at Inverness, Mr Robert Thomson at Kirkhill, ministers; John Baillie, Writer to the Signet, ruling elder. From the Presbytery of Chanonry, Mr Alexander Fraser at Avoch, Mr Hector M'Phail at Culicudden, ministers; Robert Gordon of Haughs, ruling elder. From the Presbytery of Tain, Mr John Porteous at Kilmuir-Easter, Mr Gilbert Robertson at Kincardine, ministers; the Honourable William Master of Rose, ruling elder. From the Presbytery of Dingwall, Mr James Fraser at Alness, Mr John M'Lennan at Contin, ministers; Albert Monro of Coull, ruling elder. From the Presbytery of Abertarff, Mr Thomas Fraser at Boleskine, Mr Malcolm M'Caskill at Kilmallie, ministers; Sir Ludovick Grant of Grant, ruling elder. From the Presbytery of Skye, Mr John M'Pherson at Slait, Mr Donald M'Queen at Kilmuir, ministers; Alexan der M'Leod of Ulinish, ruling elder. From the Presbytery of Lewis, Mr John Clerk at Stornoway, Mr Norman Morison at Uig, ministers. From the Presbytery of Uist, Mr Lauchlan M'Lean at Barra, Mr John M'Aulay at South Uist, ministers, From the Presbytery of Gairloch, Mr John M'Lean at Kintail, Mr Martin M'Pherson at Glenelg, ministers; Murdoch M'Kenzied of Letetrew, ruling elder. From the Presbytery of Dornoch, Mr William Rose at Loth, Mr Francis Robertson at Clyne, ministers. From the Presbytery of Tongue, Mr Walter Rossat Tongue, Mr John Skeldoch at Farr, ministers; Captain George Mackay of Skibo, ruling elder. From the Presbytery of Caithness, Mr James Brodie at Latheron, Mr Alexander Pope at Reay, Ministers; Mr William Halawel, preacher of the Gospel, ruling elder. From the Presbytery of Kirkwall, Mr John Yule at Kirkwall, Mr Hugh Mowat at Evie, ministers; Robert Sutherland, physician in Kirkwall, ruling elder. From the Presbytery of Cairston, Mr James Tyrie at Stromness, Mr John Reid at Orphir, ministers; Mr Andrew Ross, factor for the Earl of Morton, ruling elder. From the Presbytery of North Isles, Mr Andrew Cowan at Westray, Mr Matthew Cleghorn at Rousay, ministers; Jerome Dennison of Noutland, ruling elder. From the Presbytery of Zetland, Mr John Barclay at Delting, Mr Thomas Miller at Lerwick, ministers; John Craigie, ruling elder. From the Presbytery of Edinburgh, Mr George Forduce at Corstorphine, Mr Robert Hamilton at Edinburgh, Mr Gilbert Hamilton at Cramond, Mr William Bennet at Duddingston, Mr George Kay at West Kirk, Mr John Hyndman there, ministers; the Right Honourable Robert Dundas of Arniston, Esq., Lord President of the Court of Session, Mr James Davidson of Halltree, John Brown, merchant, and one of the present Bailies of Edinburgh, ruling elders. City of Edinburgh, George Drummond, Esq., present Lord Provost thereof, and James Ker, Deacon-Convener of the Trades thereof. University of Edinburgh, Mr John Gowdie, Professor of Divinity therein. Church of Campvere, Mr James Yair, minister, Archinbald Macaulay, Esq., Lord Conservator of the Scots Privileges therein. From the Presbytery of Linlithgow, Mr John Lookup at Mid-Calder, Mr John Wilkie at Uphall, Mr William Hastic at Slamannan, Mr Thomas Wardrop at Bathgate, ministers; the Right Honourable the Lord Napier, the Honourable Charles Hope Vere of Craigiehall, ruling elders. Burgh of Linlithgow, Mr James Dundas of Philpstoun, Advocate. From the Presbytery of Biggar, Mr Patrick Hepburn at Walston, Mr William Tait at Kilbucho, ministers; John Gladstones, heritor in Biggar, ruling elder. From the Presbytery of Peebles, Mr Christopher Cairns at Tweedsmuir, Mr Alexander Davidson at Traquair, ministers; Charles Hamilton of Spittlehaugh, ruling elder. From the Presbytery of Dalkeith, Mr Patrick Simson at Fala, Mr Alexander Carlyle at Inverest, Mr George Logan at Ormistoun, ministers; Mr Robert Dundas, younger of Arniston, ruling elder. From the Presbytery of Haddington, Mr Patrick Wilkie at Haddington, Mr James Witherspoon at Yester, Mr Hugh Bannatyne at Dirleton, ministers; Mr William Law of Elvingston, Advocate, ruling elder. Burgh of North Berwick, Richard Anderson of Windigoul. From the Presbytery of Dunbar, Mr Alexander Pyot at Dunbar, Mr David Spance at Cockburnspath, ministers; Mr Alexander Hamilton of Pencaitland, ruling elder. Burgh of Dunbar, Mr Alexander Home of Eccles, one of his Majesty's Solicitors. From the Presbytery of Dunse, Mr William Home at Fogo, Mr Matthew Sandilands Dysart at Eccles, ministers; Bailie David Cockburn in Langton, ruling elder. From the Presbytery of Chirnside, Mr William Wilson at Coldstream, Mr James Allan at Eyemouth, Mr John Tod at Ladykirk, ministers; Mr John Swinton, younger of that Ilk, Advocate, ruling elder. From the Presbytery of Kelso, Mr Thomas Pollock at Ednam, Mr William Walker at Mackerston, ministers; John Dawson of Harpertoun, ruling elder. From the Presbytery of Judburgh, Mr James Winchester at Jedburgh, Mr James Simson at Wilton, Mr Alexander Glen at Kirkton, ministers; the Most Honourable the Marquis of Lothian, ruling elder. Burgh of Jedburgh, Mr Thomas Calderwood of Polton. From the Presbytery of Earlston, Mr Alexander Duncan at Smailholm, Mr David Duncan at Stow, ministers; Mr Robert Kennedy of Greenknow, Advocate, ruling elder. Burgh of Lauder, Mr Charles Binning of Pilmore, Advocate. From the Presbytery of Selkirk, Mr James Mason at St Boswell's, Mr William Brown at Maxton, ministers; Mr Andrew Pringle, Advocate, ruling elder; with his Grace Archibald Duke of Argyle, the most Honourable John Marquis of Tweeddale, the Right Honourable James Earl of Morton, the Right Honourable John Earl of Breadalbane, the Right Honourable Sir Gilbert Elliot of Minto, Mr John Sinclair of Murkle, two of the Senators of the College of Justice, Sir John Clerk of Pennicuik, Baronet, one of the Barons of Exchequer, ruling elders; to be commissioners, &c.

VII. Sess. ult., May 25, 1752.—Act concerning Presbyteries neglecting to send up their Opinions upon Overtures transmitted to them. (fn. *)

The General Assembly, considering that a grėat many Presbyteries neglect to send up their opinions concerning overtures transmitted to them, whereby the consideration and enacting of several overtures hath been postponed, do hereby enact, that when any overture hath been twice transmitted, the General Assembly will, without further transmission, take such overtures into consideration, and pass into acts or reject the same as they shall see cause, although Presbyteries have not sent up their opinions.

VIII. Sess. ult., May 25, 1752.—Act regulating the Meetings of Synods in respect of the late Act of Parliament changing the Calendar.

The General Assembly, in respect of a late Act of Parliament changing the calendar, appoints that the Synods which usually met on the first Tuesday of April or October, shall meet on the second Tuesday of these months, according to the new style; that those who have been in use to meet on the second Tuesday of the said months shall meet on the third Tuesday, new style, and so of the rest; advancing a week in the denomination of the days, whatever month or week of that month any of the Synods have been in use to meet in; and such Synods as have already adjourned shall have their next meeting according to the above appointment.

IX. Sess. ult., May 25, 1752.—Act appointing the Diet of the next General Assembly.

The next General Assembly of this National Church is appointed to be held in this place, upon the fourth Thursday of May next, being the 24th day of that month, in the year 1753.

Collected and extracted from the Records of the General Assembly, by
George Wishart, Cls. Eccl. Scot.

Sess. ult., May 25, 1752.—Overture for regulating the Effect of Dissents from Judgments of Inferior Courts. (fn. †)

There was transmitted to the General Assembly, from their Committee for Overtures, an overture for regulating the effect of dissents, which was read as follows, viz.:—The General Assembly, considering that the appearing of dissenters against particular judgments of inferior courts has created much trouble to the superior judicatories—for remedying thereof in all time coming, enact and ordain, that in all causes litigated betwixt parties before any inferior judicatories, when judgment is given in such was as one or more members think themselves obliged to dissent, this shall give them to title to appear before the superior courts in opposition to such judgment, unless they be called upon to defend themselves against censure, according to the Act of Assembly, 1644, anont dissenting voices. The General Assembly, having heard the above overture, do transmit the same to the several Presbyteries of this Church, that they may report their opinion thereon to the next Assembly.

Footnotes

* Remonstrances having been made against the way of passing this Act, it was, in 1753, transmitted as an",overture. In 1758 it was re-enected, (see 5th Act of that year.)—Ed. 1843.
This overture does not appear to have been passed into an act.—Ed. 1843.


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