Acts
1768

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Institute of Historical Research

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Church Law Society (editors)

Year published

1843

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Pages

772-777

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'Acts: 1768', Acts of the General Assembly of the Church of Scotland 1638-1842 (1843), pp. 772-777. URL: http://www.british-history.ac.uk/report.aspx?compid=60170 Date accessed: 29 November 2014.


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The principal acts of the general assembly, convened at Edinburgh, May 19, 1768.

I. Sess. 1, May 19, 1768.—The King's Commission to John Earl of Glasgow produced, and ordered to be recorded.

The General Assembly, &c.

II. Sess. 1, May 19, 1768.—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 21, 1768.—The General Assembly's Answer to the King's most gracious Letter.

May it please your Majesty, &c.

IV. Act of the Assembly anent the Form of Commissions.

The General Assembly, 1766, having prescribed certain forms of commissions to members of Assembly, and attestations thereof, and the Assembly, 1766, having, in respect of some defects observed in these forms, made a supplement thereto; the General Assembly, now considering the disadvantage of having what belongs to the necessary forms of commissions and attestations lying in separate Acts, by which the electors or their clerks may be more liable to mistakes or omissions, than if the whole was laid before them in one view, did appoint both to be brought together into one Act as follows; and the Agent for the Church to cause print the same, and transmit copies thereof to the several Presbyteries, Universities, and Burghs.

The General Assembly, considering that it is of the greatest importance for the honour and interest of religion, that the office-bearers of the Church should behave and conduct themselves in all respects becoming their character, do, in terms of the Act of Assembly, 22d May 1722, earnestly beseech, exhort, and require all ministers to take heed to themselves, and to their doctrine, and to be exemplary to their people, in sobriety, righteousness, and holiness, abstaining from all appearance of evil; and, in like manner, the General Assembly do earnestly beseech, exhort, and require the elders and deacons to be faithful in the discharge of their respective offices, tender and circumspect in their walk, punctual in their attending upon ordinances, strict in their observation of the Lord's Day, and regular in keeping up the worship of God in their families. The Assembly do further enjoin and require, for the more regular election of members to the Assembly in time coming, Presbyteries, Burghs, and Universities, strictly to observe the Acts of former Assemblies, appointing that the election shall be made at least forty days before the meeting of Assembly, and within a month preceding the first of the said forty days, except those lying in the Northern and Western Isles, and shall appoint the day of election at a meeting to be entered in their minutes, at least ten free days before such election; and that on the day of election, they shall make their elections betwixt the hours of one and eight o'clock in the evening.

The General Assembly, considering also that some Acts regulating the manner and time of electing members to the Assembly are posterior to the Act 17th May 1725, establishing forms of their commissions; and that these forms refer in general to Acts of Assembly that contain some particulars, of which Presbyteries, Universities, and Burghs, cannot have any certain evidence, and are thereby reduced to the necessity either of attesting what does not come properly under their own knowledge, or of omitting clauses in the established form, whereby their commissions have been rendered void and null; the Assembly did, on all these accounts, and hereby do, appoint and ordain the forms of commissions and attestations hereunto subjoined, to be observed by Presbyteries, Sessions, Universities, and Burghs; and enact and ordain, that all such commissions and attestations as are not conceived and attested in these very words of the form now prescribed shall be rejected.

The General Assembly do further declare and enact, 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, in case the matter shall be brought before the Assembly by protest or appeal.

Form of Commissions by Presbyteries.

At           the           day of           years.
The which day, the Presbytery of           being convened, betwixt the hours of one and eight o'clock in the evening, in order to elect their representatives to the ensuing Assembly, pursuant to a resolution entered into their minutes on the           day of           did, and hereby do, nominate and appoint Mr           minister at           and Mr           minister at           and           and           ruling elders, their commissioners to the next General Assembly of this Church, indicted to meet at           the day           of next to come, or when and where it shall happen to sit, willing them to repair thereto, and to attend all the diets of the same, and there to consult, vote, and determine in all matters that come before them, to the glory of God and the good of his Church, according to the Word of God, the Confession of Faith, and agreeable to the constitutions of this Church, as they will be answerable; and that they report their diligence therein at their return therefrom. And the said Presbytery does hereby testify and declare, that all the ministers above named have signed the Formula enjoined by the 10th Act of the Assembly, 1711; and the ruling elders above written have signed the Formula prescribed by the 11th Act of the Assembly, 1694. And, further, that the said elders are of unblemished characters, circumspect in their walk, regular in giving attendance on the ordinances of Divine institution, and behave in other respects agreeable to their office. All which the Presbytery have hereby attested on proper information.

Form in the Case of an After-Election of a Commissioner in the place of one formerly chosen.

At           the           day of           years.
The which day, the Presbytery of           being convened, betwixt the hours of one and eight in the evening, and (here the occasion of the new election to be narrated) did, and hereby do, nominate and appoint in his place Mr           minister at           (or, if an elder,           ruling elder,) their commissioner to the next General Assembly; and do hereby testify and declare, (if a minister,) that he hath signed the Formula enjoined by the 10th Act of Assembly, 1711; or (if an elder) that he is in all respects qualified in the same manner as their commissioner in whose room he is chosen; which the Presbytery hereby attests upon proper information.

Attestation.

At           the            day of           years.
The which day, the Presbytery of having had the above extract of their commission to their representatives in the ensuing Assembly laid before them, they caused it to be read, and having revised and considered the same, they did approve thereof. Attested by
A. B. Moderator.
Or           Cls.

Form of Commissions from Universities.

At           the           day of           years.
The which day, the Principal, Professors, Masters, and other members of the University                of having right to elect, being convened, betwixt the hours of one and eight o'clock in the evening, in order to elect their representative to the ensuing General Assembly, pursuant to a resolution entered into their minutes on the           day of                did, and hereby do, nominate and appoint                their commissioner to the next General Assembly of this Church, indicated to meet at            the           day of           next to come, or when and where it shall happen to sit, willing him to repair thereto, and to attend all the diets of the same, and there to consult, vote, and determine in all matters that come before them, to the glory of God, and the good of his Church, according to the Word of God, the Confession of Faith, and agreeable to the constitution of this Church, as he will be answerable; and that he report his diligence therein at his return therefrom. And it is hereby testified and declared, that the said                is a minister, or (an elder) of this Church, lawfully ordained, and (if a minister) hath signed the Formula enjoined by the 10th Áct of the Assembly, anno 1711; or (if an elder) hath signed the Formula prescribed by the 11th Act of the Assembly, 1694. And, further, that the said commissioner is every other way qualified to be a member of the Assembly, according to the Acts of the Assembly; and (if an elder, it must be said) and, in particular, he is of an unblemished character, circumspect in his walk, regular in giving attendance on the ordinances of Divine institution, and behaves in other respects agreeable to his office. All which the University have hereby attested on proper information.

Form for Universities in the Case of an After-Election of a Commissioner in the place of one formerly chosen.

At           the           day of           years.
The which day, the Principal, Professors, Masters, and other members of the University of           being convened, betwixt the hours of one and eight in the evening, and (here the occasion of the new election to be narrated) did, and hereby do, nominate and appoint in his place              their commissioner to the next General Assembly; and it is hereby testified and declared, that he is in all respects qualified in the same manner as their former commissioner, in whose room he is chosen, which the University attests on proper information.

N.B.—This form for Universities is prescribed on the supposition that the former commissioner, and the person chosen in his place, are either both of them ministers, or both of them elders; but if an elder is chosen in the place of a minister, or a minister in the place of an elder, then the attestation must contain the words at length of the form prescribed for the first election.

Attestation.

At            the           day of           years.
The which day, the Presbytery of               having had before them a commission given by the University of             to           to represent the said University in the ensuing General Assembly of this National Church, do, in terms of the 4th Act of Assembly, 1720, the 7th Act of Assembly, 1723, and 4th Act of Assembly, 1724, testify and declare, that the said                is a minister or (an elder) lawfully ordained; that he has signed the Formula enjoined by the 10th Act of Assembly, 1711; or (if an elder) hath signed the Formula prescribed by the 11th Act of Assembly, 1694; and that he is a master of the said University, or                       And, further, that the said commissioner is every other way qualified to be a member of the Assembly, according to the Acts of Assembly. This signed by
A. B. Moderator.

Form of Commissions from Burghs.

At           the           day of           years.
The which day, the Magistrates and Town-Council of                being convened in Council, betwixt the hours of one and eight o'clock in the evening, in order to elect their representative to the ensuing Assembly, pursuant to a resolution entered into their minutes on the           day of                did, and hereby do, nominate and appoint ruling elder, their commissioner to the next General Assembly of this Church, indicted to meet at                the           day of           next to come, or when and where it shall happen to sit, willing him to repair thereto, and to attend all the diets of the same, and there to consult, vote, and determine in all matters that come before them, to the glory of God, and the good of his Church, according to the Word of God, the Confession of Faith, and agreeable to the constitution of this Church, as he will be answerable; and that he report his diligence therein at his return therefrom. And it is hereby testified and declared, that the said                     is an elder of this Church, lawfully ordained, and hath signed the Formula enjoined by the 11th Act of Assembly, 1694, and is every other way qualified to be a member of Assembly, and likewise that he is (a residenter in the said burgh,) or (an heritor in the said burgh,) or (an heritor in the bounds of the Presbytery of               , within which the said burgh lies,) or (has formerly resided and officiated as an elder in the said burgh,) or (Presbytery of               , within which the said burgh doth lie,) according to the Acts of Assembly; and, in particular, that he is of an unblemished character, circumspect in his walk, regular in giving attendance on the ordinances of Divine institution, and behaves in other respects agreeable to his office. All which the Magistrates and Town-Council have attested on proper information.

Form for Burghs in the Case of an After-Election of a Commissioner in the place of one formerly chosen.

At           the           day of            years.
The which day, the Magistrates and Town-Council of                being convened, betwixt the hours of one and eight in the evening, and (here the occasion of the new election to be narrated) did, and hereby do, nominate and appoint in his place                     ruling elder, their commissioner to the next General Assembly; and it is hereby testified and declared, that the said                     is (a residenter in the said burgh,) or (an heritor in the said burgh,) or (an heritor in the bounds of the Presbytery of                , within which the said burgh lies,) or (has formerly resided and officiated as an elder in the said burgh,) or (Presbytery of, within which the said burgh doth lie,) and that he is in all other respects qualified in the same manner as their former commissioner, in whose room he is chosen; which the Magistrates and Town-Council do attest on proper information.

Attestation by the Kirk-Session.

At           the           day of           years.
The which day, the Kirk-Session of                 having had laid before them a commission by the Magistrates and Town-Council of                 to                ruling elder, to represent the said burgh in the ensuing General Assembly of this National Church, do, in the terms of the 4th Act of Assembly, 1720, testify and declare, that the said                     is an elder lawfully ordained, and that he has signed the Formula prescribed by the 11th Act of the General Assembly, 1694; and likewise, that he is (a residenter in the said burgh,) or (an heritor in the said burgh,) or (an heritor in the bounds of the said Presbytery of                , within which the said burgh lies,) or (has formerly resided and officiated as an elder in the said burgh,) or (Presbytery of                , within which the said burgh doth lie.)

Attestation by the Presbytery.

At           the           day of           years.
The which day, the Presbytery of having had produced before them a commission given by the Magistrates and Town-Council of           to                to represent the said burgh in the ensuing General Assembly of this National Church, with an attestation of the kirk-session of the said burgh, conform to the direction of the 9th Act of Assembly, 1718, 4th Act of Assembly, 1720, and 4th Act of Assembly, 1724, do, in terms of the foresaid Acts, likewise testify and declare, that the said                is an elder lawfully ordained, and that he has signed the Formula prescribed by the 11th Act of Assembly, 1694; and likewise, that he is (a residenter in the said burgh,) or (an heritor in the said burgh,) or (an heritor in the bounds of the Presbytery of               , within which the said burgh lies,) or (has formerly resided and officiated as an elder in the said burgh,) or (Presbytery of               , within which the said burgh doth lie;) and further, that the said commissioner is every other way qualified to be a member of the Assembly, according to the Acts of Assembly. This signed by
A. B., Moderator.

V. Sess. 8, May 27, 1768.—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 30, 1768,—Commission to some Ministers and Ruling Elders for discussing Affairs referred to them.

The General Assembly, &c.

VII. Sess. ult., May 30, 1768.—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, on Thursday, the 18th day of May, in the year 1769.

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

Former Overtures again transmitted.



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