his providence to relieve this church from the grievances arising from the act restoring patronages, there should be an established rule for the planting of vacant parishes, when the right of doing so falls into the hands of presbyteries, either tanquam jure

that act, and whether the dissenters be censurable or not: yea, it is most just and reasonable, useful and necessary in many respects, that dissents with their reasons should stand recorded, as testimonies against the determinations which appear unwarrantable and of dangerous consequence. And that this has been the common sense of the church of Scotland, further appears from many dissents entered in the registers of the several judicatories of this church, both in the days of our happy ancestors, and since the happy revolution; and 'tis so agreeable to the common sense of mankind, that the recording dissents with reasons, has been generally allowed in judicatories, not only ecclesiastick, but civil; yea, in the high court of parliament itself. And we beg leave further to represent, that the Act of Assembly complained of, was passed very irregularly; yea, in a direct contradiction to two Acts of Assembly, regulating the manner in which standing Acts are to be passed; viz. the 9th Act of Assembly, 1697, appointing, that before any General Assembly of this church shall pass any acts which are to be standing rules and constitutions to the church, they may be remitted as overtures to the consideration of the several presbyteries, and their opinion and consent be reported by their commissioners to the next assembly, that they may pass the same into acts, if the more general opinion of the church agree thereto; and also the sixteenth Act of Assembly, 1700, enacting and appointing, that, when any thing of public concern and great weight is proposed to the General Assembly to be passed as overtures or Acts, for a standing rule to the church, after the first reading it be delayed until the next day of the assembly's sitting, and ly on the table to be seen and considered by all the members. But it is undeniable, this act complained of, (though of very publick concern and great weight) was passed without consulting presbyteries, and in the very sederunt wherein it was first proposed, and that without voting; yea, so quietly and suddenly, that several members present in the house knew not of it till the assembly was up; and to conclude this head, we beg leave to add, that the depriving all the ministers and elders of this church at once, of liberty in all time coming, of entering their dissents with the reasons thereof, in the church's records, even upon the most urgent occasions; a privilege belonging to them by the light of nature, the Word of God, Acts of Assembly, and immemorial custom; and doing this so summarily and irregularly, at a time wherein the present state and threatening aspect of affairs in our church, renders the maintenance and exer cise of this privilege more necessary and seasonable than at any time before, since the happy revolution. This, in our opinion, has a very bad appearance, and must prove a heavy and insupportable grievance to many, if it be not speedily redressed. Wherefore, we earnestly entreat this venerable assembly may be pleased to repeal the said act, and restore the office-bearers in this church to their just and ancient privilege.

devoluto, or by the consent of such as have interest, and that there may be an uniform method followed by presbyteries in this matter, and so the unhappy debates and divisions which have often fallen out upon such occasions, may be prevented in

7mo. The commission of late having repealed several sentences of synods, even when they had but a scrimp quorum of ministers, very much inferior to the number of those who judged in the said sentences; and it being evidently disagreeable to presbyterian principles and parity, that a greater number of ministers and elders should be subjected to the judgment and authority of a lesser, (not to mention other reasons) 'tis humbly moved that appeals from the sentences of provincial synods, be not referred in time coming to the determination of the commission, but reserved for the assembly's decision, unless it be provided, that the commission's sederunt exceed the number of the synod's, in ministers as well as elders, when they judge thereanent.

8vo. Whereas the members of the commission, when complained of to the General Assembly for sentences which appear most unwarrantable and griev ous, usually plead that the commission being empowered finally to determine in the matters committed to them, their sentences cannot be repealed; which plea, to the great prejudice of the church, and offence of many, has frequently served as the grand mean to obstruct the opening and repealing sentences, contrary to the known principles, constitutions, and true interest of this church. A particular interest whereof we have in the settlement of Hutton, loudly complained of by parties, and dissented from, first by some members of commission, and thereafter by several members of the succeeding assembly. And the General Assembly having in their acts appointing the commission, ex-, pressly provided and declared, that in all their actings, they are to proceed according to the acts and constitutions of the church, and do nothing contrary thereto, or to the prejudice thereof; 'tis therefore humbly moved, that the General Assembly may declare and enact when ensuing commissions are appointed, that if any of their actings shall be found contrary to the actings, constitutions, or known principles of this church or prejudicial thereunto, not only the members shall be condignly censured, but their said acts shall be repealed, and declared void and null, as being beyond their powers, and contrary to their commissions and instructions. And for cutting off their pretended plea against repealing the commission's sentences, wherein parties have interest, it be further declared and enacted, that if any protestation or complaint be entered against any of their sentences, it shall be as effectual to summon and sist parties before the ensuing assembly, as an appeal from a sentence of a synod is. 9mo. Whereas the commission of the assembly has a great trust, and the decision of the most important affairs is frequently committed to them, and very much depends on the part they act; and that this court, if not duly regulated, limited, and looked to, may do great hurt to this church, (of which sad proofs are extant in the history of former times) several things concurring in the constitutions thereof to render it dangerous, such as, the great distance of the body of ministers named in the commission from the fixed place of

time coming, and also that it may be evident that this church desires to have all the parishes in it settled in such a manner as may give reasonable satisfaction to all concerned: therefore enacts and ordains, that all presbyteries, when the planting of

meeting, the smallness of the quorum of ministers, being but twenty-one; the great number of elders in the commission never brought under the strict engagements required of ministers in the Formula, 1711, (as is evident from the 4th Act of Assembly, 1720) and for most part residing at Edinburgh, yea, constant members; as also, that the sentences of the commission are looked on as final, and deeds of the assemblies, and when complained of, it is usually pled they are irreversible; and therefore the General Assembly has, in great wisdom, and most justly, not only clogged their commission and instructions with several limitations since the revolution, but also passed several acts requiring the diligent attendance of ministers from the several presbyteries; and for further regulating, limiting, and trying the proceedings of the commission, and anent the qualifications of the members thereof; yet, notwithstanding all these precautions, it must be acknowledged they have been found guilty of malversation in several instances, especially of late; yea, the last commission seems to us herein to have outdone former commissions, particularly in the cases above mentioned; wherefore, it is humbly moved that these acts already made, may be strictly executed, and that further necessary provisions may be added thereto, for remedying and preventing the grievances arising, and threatened by the exceptionable proceedings of this court; as 1mo, that the 6th Act of Assembly, 1705, appointing, that the whole presbyteries within this national church, be equally represented in commissions, and that their representation be proportioned to the number of ministers in each presbytery, be more punctually observed in time coming, and that in reference to elders as well as ministers; which is the more necessary, because it appears from the acts no minating the commission for the years 1729,1730, and 1731, (not to go further back) that the elders exceed their full proportion, allowing them one to two ministers, (whereas, by the 5th Act of Asserably, 1694, they are allowed but one to three) viz. in the number of sixteen, anno 1729, seventeen, anno 1730, and twenty-three, anno 1731, salvo justo calculo, and it will not be denied, that there is, at least, as great hazard from supernumerary elders, as ministers in the commission, especially, seeing so great a body of them reside at Edinburgh, where the commission meets, and so might easily overpower ministers if so disposed, which yet we hope they are not. 2do. That the 6th Act of Assembly, 1719, appointing that all members of subsequent commissions be qualified according to Acts of Assembly, particularly the 9th Act of Assembly, 1718, before they act and vote as such, be duly observed; and the General Assembly, 1722, in their ninth act, expressly requiring elders to be faithful in the discharge of their office, tender and circumspect in their walk, punctual in their attendance upon ordinances, strict in their observation of the Lord's day, and in regularly keeping up the worship of God in their families, and appointing the judicatories of the church to take good heed that none be

any parish shall fall into their hands tanquam jure devoluto, take care to have the same supplied by a well qualified gospel minister to labour among the people for their spiritual edification, and in order thereunto, when application shall be made

admitted to, or continued in that office, but such as are found qualified, and do behave themselves as above required. And the General Assembly, 1727, in their 7th Act, finding that the Acts of Assembly, made with respect to the duties and qualifications of elders, are not so duly observed as they ought to be, do therefore enjoin the several presbyteries of the church to have strict regard to what is required as to the duties and qualifications of elders by the said 9th Act of Assembly, 1722, especially in choosing elders to represent them in General Assemblies, and in attesting the commissions of such as are chosen, either by themselves, by universities, or by royal burghs: it is therefore highly necessary, and much for the glory of God, the true interest, safety, and edification of the church, that special regard should be shown to these excellent qualifications and acts in choosing elders, not only for the General Assembly, but for its commissioners; and that such as are known to be destitute thereof, should be excluded from that honour and trust which seems more especially necessary, as to the elders in the commission, they being chosen and authorised by the assembly itself, and, if not duly qualified, more capable to do hurt in the commission than in the assembly. 3tio. That elders, as well as ministers, be required and obliged to subscribe the Formula of Assembly, 1711, particularly such as are chosen members of the General Assembly or its commissions; there being evidently parity of reason and necessity, that elders should come under the same engagements to the doctrine, worship, discipline, and government of this church, which are required of ministers; especially while it is known that some of our elders conformed to the English hierarchy and liturgy, and others discover too much latitude, and yet are chosen members of assembly and commissions. 4to. That when the members of the commission are named, and their instructions prepared by the committee, the same be appointed to be read in open assembly, and ordered to ly on the table, at least, until the next day of the Assembly's meeting, to be inspected and considered by all members who incline, that it may be the better known, that the nomination and instructions are conformed to the Acts of Assembly, and fit to be voted and approven, when read for that end, after a competent time allowed for the satisfaction of all concerned. 5to, That the moderator of the General Assembly, being a member of the commission, should be excused from naming the committee appointed for revising the commission book; and that the nomination thereof should be left to the members of assembly in each synod, who were not on the commission, and who may meet by themselves, and choose one or two out of every synod to be a com.. mittee for that effect, as is done in choosing nominators for the commission, 10mo. Altho' the liberty and independent jurisdiction of ecclesiastical or civil courts has ever since the reformation been asserted and maintained in this church on the clearest scriptural grounds, and has been secured to her by

unto them by any two or more of the heritors, jointly, or separately, for the moderation of a call, the presbytery shall appoint intimation to be made from the pulpit of the vacant parish, ten free days before the meeting for that effect, that a call is to

the laws of the land; yet, of late, this has been manifestly invaded and encroached upon by several sists procured from civil judges and offered to presbyteries when proceeding regularly in the course of ecclesiastical processes, and that without seeking or waiting for redress from synods or assemblies of any injuries which parties might apprehend to be done to them by the said presbyteries; which practices appear very unwarrantable and offensive, discouraging, and prejudicial to this church, and may serve, if submitted to, as dangerous precedents, subversive of the liberties and jurisdiction of our ecclesiastical courts, and tending to subject the same to the civil; wherefore we humbly move, this venerable assembly may timeously interpose, in the way they shall judge most proper and effectual, to maintain the church's rights, to procure redress of such encroachments, and to prevent the like in time coming. 11mo. The General Assembly, 1726, having remitted to their commission an overture anent the method of preaching, to be considered at their first meeting; and if they had not then time, appointing them to remit it to a select committee, to be by them prepared and laid before their meeting in August: and the assembly, 1727, having remitted it to the commission to prepare the said overture for the next assembly; and this not being done, altho' there appears more and more need for it every day, by reason of several innovations, both in the method and strain of preaching, introduced of late by some preachers and young ministers, very offensive to many of God's people, and no small obstruction of spiritual edification. Yea, a young minister, appointed to preach before his majesty's commissioner to the last assembly, had the assurance, even on that solemn occasion, to add to former innovations that of reading his sermon openly, tho' he could not but know it would give great offence both to ministers and people of this church, and bring a reflection on the assembly, as if they approved thereof. Wherefore we humbly move this venerable assembly may be pleased to call for the said overture from the commission, and to prepare it, so as it may prove a suitable and seasonable antidote against the evils observed, and transmit it to the several presbyteries according to order, that it may be turned into an act by the next assembly, if agreed to.

12mo. As to the overture and act of the last assembly concerning the method of planting vacant churches; altho' we account it a considerable grievance (however well intended), not only because of several sentences of the commission and some other courts, for settling vacant churches contrary to the mind of elders and christian congregations, and so in opposition to the church, both representative and collective, which have followed, and are said to be founded thereon; but also for many other weighty reasons against the act and overture itself, which appear pretty obvious, and the visible dangerous tendency thereof in the present state of this church, especially if it should be