May 1762. Proceedings of the general affembly. 277 for the important objects thofe affemblies application, as to his royal wifdom shall had in view naturally fuggefted. feem proper. His Majefty's goodness, in approving the proceedings of former affemblies respecting this matter, gives this affèmbly the highest fatisfaction. They entertain the most grateful fenfe of his gracious declaration, That he would take it under his royal confideration, and communicate to them in due time his refolutions upon it. And they beg leave to affure your Grace, that they reft with full confidence in the fignification of his Majesty's intentions, which they truft will ifie foon in effects correfponding to the piety of his difpofitions, and his paternal care for the welfare of his fubjects. The affembly acknowledge, with the utmost respect, his Majesty's goodness, in recommending to them the difcharge of their duty, by inforcing the laws for establishing schools in the feveral parishes where they are wanting, and for repairing kirks and manfes; ard have, in humble obedience to his Majefty's recommendation, injoined, by an act of this date, the feveral prefbyteries of this church, forthwith to carry into execution the acts of parliament refpecting these matters. They have likewite appointed a committee of their number, with whom prefbyteries are to correfpond, and from whom they are to receive directions, as occafion may require. They have further ordered the feveral prefbyteries to report their proceedings to the next general aflembly, and the procurator and agent for the church, to carry on fuch proceffes as may be neceffary for the above purposes, at the public charge, as the faid committee fhall direct. The aflembly embrace this opportunity of acquainting your Grace, of the fenfe they have of the importance of the parochial fchoolmasters in Scotland, with respect to the interest both of church and ftate, by training up thofe committed to their charge in the knowledge of religion and virtue; and are deeply affected with their prefent diftreffed fituation, arifing from their finall livings; as they have good reason to believe, that more than one third of them do not enjoy, including their falary, and whole emoluments, 12 l. per annum. The affembly therefore humbly hope, that if it fhall be found neceflary to apply to parliament for increafing their prefent legal falary, which amounts to no inore than L. 5:1:1 and one third, his Majefty will be gracioufly pleased to give fuch countenance to that To this reprefentation his Grace was pleased to make a return, and he promised to report it to the King. Upon report of the committee for overtures, May 28. an act was paffed to prevent dilapidation of ftipends; to which an addition next day was proposed to be made, and agreed to: fo that the act is as follows [xxiii. 270.]. "The general affembly injoin the feveral prefbyteries of this church, to take an exact account, on the place, of the extent of the ftipend, glebe, grafs, and other emoluments, belonging to every minifter within their bounds, and record the fame with accuracy in the prefbytery-books, fo that every fucceeding incumbent may fee at once what he is intitled to, and prefbyteries may be better able to give check to any dilapidations which may be attempted: And the affembly appoint, that the refpective incumbents, in cafe any perfons liable in payment of ftipends, refufe or with hold any part thereof, fhall report the fame to the next prefbytery after fuch refufal; who are to give fuch directions for recovery of the fame as the nature of the cafe may require and that where a minifter is poffeffed of more glebes than one, and has been in use of fetting the glebe or glebes most remote from his manfe, that fuch glebe or glebes fhall, in all time coming, after the boun daries or limits thereof are afcertained as above directed, be let only by tacks, in which the extent and marches thereof fhall be particularly fet forth, and the fame lodged with the prefbytery-clerk." On a motion made on the 28th, That the affembly fhould appoint a committee to inquire into the extent of the fum collected in virtue of an act of last affembly for the education of students having the Galic language, and to draw proper regulations for the difpofal of that money, -the aflembly referred to the committee for overtures, to prepare an overture on this fubject.This overture was given in on the 31ft, importing, That the money collected with in the fynods of Glasgow and Air, and Argyle, be lodged in the hands of a collector to be named at Glasgow, to be laid out by him at intereft, till called for; and the collector at Edinburgh to receive the remainder, to be laid out by him in like manner. That two committees be named, the one to meet at Glafgow, the other at Edinburgh, to whom reports are to be made from fynods and prefbyteries; and who are to ifiue precepts upon the collectors for the paviment of the fums allowed to ftudents, and give fuch further directions as may be found neceflary. That fix ftudents be named and recommended in manner following, viz. three from the fynod of Glenelg, two from the fynod of Argyle, and one from the fynod of Perth and Stirling; the faid ftudents to continue four years at the ftudy of divinity, with 151. Sterling yearly to each of them. That the fynod of Glenelg recommend, in the first inftance, one from the prefbytery of Gairloch, one from the prefbytery of fky, and one from the prefbyteries of Uift and Lewis; and, in the fecond inftance, that the prefbytery of Abertarch be preferred, and, next, Lewis and Uift. That the fynod of Argyle recommend always one from the prefbytery of Mull, and one from the prefbyteries of Lorn and Inverary, beginning with Lorn. That the faid fum of 15 1. Sterling be paid to the ftudents upon production of the recommendation of the refpective fynods, and certificates from the profeffors of divinity of their attendance for four months in the feflion, to the faid committees, who are to ifue precepts upon the collectors respectively, in common form. That the feveral students fo recommended, before receiving payment of any part of their allowance, do find fufficient fecurity for the repayment of the fums of money that shall be by them received, in cafe of their applying themfelves to any other business in life than that of the church, or in cafe of their accepting a fettlement in the low country in preference to a highland parish. That a lift of the ftudents fo educated upon the above fund, be annually report ed to the general aflembly: That the aflembly renew their appointment, that parishes who have not as yet collected for the above purpofe, do it within a limited time, and injoin fynods and prefbyteries to fee the fame duly executed; and that the feveral parishes who have already colJected, tranfmit the fame to the refpective collector, without lofs of time. That the committee at Glafgow be the minifters of the town of Glagow, and Mr Hill of the Barony, with Principal Leechman, Profeflors Trail, Muirhead, and Williamfon, Bailies Ingram and Baird, and Mr Duncan Macfarlane: That the affembly recommend to Bailie In- ! gram to take the trouble of receiving the collections at Glasgow, and lay out the fame upon interest in the most proper manner. That the committee at Edinburgh be Doctors Hyndman, Dick, Webster, Robertion, and Cuming, Profeffors Matthew Stewart and Ferguson, the Lord Provost of Edinburgh, the Procurator, and Meff. Swinton, and Campbell of Stonefield, advocates. Three of each committee to be a quorum. This overture was approved of. The mo. ney collected within the fynods of Glafgow and Argyle, to be tranfmitted to Bailie Archibald Ingram merchant in Glasgow, and the reft to Mr William Rofs writer in Edinburgh. And the affembly appointed, that the act of the affembly 1761 for the aforementioned collection, be retranfmitted to the prefbyteries, and that fuch minifters as have not yet made the collec tion, do make it betwixt and the 1ft of March next. An overture from the prefbytery of Perth, That the affembly fhould address the King, that his Majefty would be gracioufly pleafed to order, that fuch regiments as are levied in North Britain may have Prefbyterian chaplains,— was remitted, on the 28th, to the committee on kirks, manfes, &c.; and next day the committee gave in their report, bearing, as their opinion, That it is improper to addrefs the King on this fubject, but that other means may be thought of to attain the end in view. Which opinion was unanimoufly approved of. A petition for Meff. John Macalpin, minifter of the lowland congregation of Campbelton, and David Campbell minifter of Southend, was taken under confideration on the 26th. The petitioners reprefented, That they had directly com plied with the act of the fynod of Argyle, which injoyned the difcontinuing the fermons on the Saturday before and Monday after the facrament [xix. 262.], and did every thing in their power to perfuade their people to comply with it; but the breach between their people and them became every day wider and wider, till at length their miniftry became in a great mealure ufelefs.- For three fucceffive years," thefe are the words of the petition, May 1762. Proceedings of the general affembly. petition," the facrament was difpenfed in your petitioner Mr Macalpin's parish, at least offered to his people, agreeable to the regulations of the act of fynod: but very few, not above feventeen perfons, would communicate, and his elders would not officiate: and it became at laft neceflary for him to make the compromile with his people, of giving them a preparation-fermon upon the Saturday, in order thereby to restore and preferve his ufeful. nefs as minifter of the parifh; and fince the preparation-fermon on the Saturday was given, his people did communicate with the fame decency and harmony as before the act of fynod commenced; and there were no less than 700 communicants.- -In juftice to our people," fay both the petitioners, "we muft fay, that they are religious, regular, and well difpofed; in fo much that there are few or none within our parishes that do not regularly keep up the worthip of God in their families, and take great care to have their children educated in the principles of our holy reformed religion." For this deviation from the injunction of the act above mentioned, the aforenamed two minifters were brought before the fynod; and fentence was pronounced, Aug. 6. 1761; by which the ́fynod, waving at that time the confideration of Mess. Macalpin and Campbell's past behaviour, unanimously refolved to adhere to the acts of fynod 1754 and 1755, whereby the fermons upon the Saturday before and Monday after the facrament are appointed to be difcontinued; and appointed thefe gentlemen to conduct themfelves accordingly in time coming. From this fentence they appealed to the affembly. Parties being heard, this fupreme court, after long reafoning, granted the defire of the appellants petition, and allowed them to have fermon on the Saturday before the facrament, as they fhall fee it for the intereft of religion, and the ends of edification. On the 29th, the aflembly took into confideration, a petition and reprefentation of the prefbytery of Strathbogie, giving an account, that there was a great number of Fapifts and other difaffected people in their bounds; complaining, that, this notwithstanding, the committee for managing the royal bounty d withdrawn the itinerancy, not only from the Enzie, but alfo from Ruthven; and praying, th. t both thefe itinerancies Hight be reitored;-a reprefentation by 279 the minifter and kirk-feffion of Belly to the aforementioned prefbytery, recommended by the prefbytery to the fynod of Moray, and by that fynod to the aflembly, complaining of the withdrawing of the itinerancy foom the Enzie, and praying it might be reflored; and two petitions from the prefbytery of Fordyce, complaining, that the royal-bounty committee had difallowed a falary for the millionary in the Enzie this year, and withdrawn the itinerancy from Portfoy; and praying the affembly might recommend to that committee, to continue an itinerant to preach at Portfoy and to catechife in the Enzie. After all these papers were read, and the parties concerned heard, the aflembly had a good deal of reafoning on them; in the course of which it was remarked, that the royalbounty committee had, in confequence of an appointment of the last aflembly [xxiii. 269.], erected five fchools, with large falaries, for teaching the dead languages. A motion was then made, and feconded, to put the question, Could the laft atiembly, agreeably to the terms of his Majefty's royal grant, withdraw the falaries from the itinerants and catechifts, and erect fchools for teaching the dead languages; or Not? But several members opposing the putting of this question, a fecond was proposed, and seconded, viz. Grant the defire of the petitions, or Not? This occafioned the putting of the previous question, Whether to put the first or fecond? and it carried for the fecond. Then the queftion was put, Grant the defire of the petitions, or Not? and it carried, by a great majority, Not. Therefore the afembly refused the defire of the petitions. A motion was made by Dr Webster on the 31ft. This Rev. gentleman obferved, That the King had not yet fignified his plealure concerning the plan laid before his Majefty by the Commiflioner, at the defire of the laft aflembly, for the more effectual reformation of the highlands and iflands, by erecting new parithes and pa rochial fchools endowed with proper itipends and falaries, and, befides thefe, five other ichools of a higher nature, for teaching the dead languages, with legal falaries [xxiii. 270.]: as therefore his Majerly had not yet fignified his pleafure. concerning this plan, but had again if fued his royal warrant for payment of 1000 l. in the precife terms of former grants, the Doctor moved, That no part P p 2 of of his Majefty's pious donation for this year fhould be applied to the purposes in tended by that plan, but wholly employed, agreeable to the former grant, for maintaining itinerant preachers and catechifts. The affembly, after reasoning on this motion, agreed to appoint the royal bounty committee to continue the five perfons who were employed last year as fchoolmasters, to be catechifts in their respective stations; recommending to them to employ the time they can fpare from their business as catechists, in teaching fuch parts of literature as may be ufeful to prepare perfons for the univerfity who have a view to be ftudents of di. vinity. Upon a motion made on the 26th, the affeinbly appointed, that the act of parliament against murdering of children be read from the pulpit of each parish in the church at least twice every year; that the prefbyteries, at their privy cenfures, make inquiry whether this has been done; and that the several minifters caufe ingrofs the act into their fellion-records, refpectively, that it may be always at hand, and not loft. [In 1751, copies of this act were circulated, at the defire of the Lords of Jufticiary, in order to be read from all the pulpits in Scotland; and we then inferted it verbatim [xiii. 260.]; and in 1757, a correfpondent favoured us with fome judicious reflections on this unnatural crime; to which a hint is fubjoined to the fame effect with this order of affembly [xix. 402.]. The lamentable frequency of child-murder, and the confequent neceffity of endeavouring to put a ftop to it, will be evident by looking at the trials in the circuit-courts for feveral years paft, pointed out in our indexes under Circuit-courts. Three unhappy women received fentence of death at the laft fpring-circuit, a fourth got off for want of proof, and there are two more now in prifon, in order to stand trial, all for this crime.] As to fettlements: On an appeal for the Duke of Hamilton, patron of the parifh of Bothwell, the affembly, on the 24th, remitted to the prefbytery of Hamilton, to proceed to the tranflation of his Grace's prefentee, Mr James Baillie, minifter of Shotts, to be minister of Bothwell; and impowered the commiffion to determine finally in any queftion that fhall be regularly brought before them relative to this fettlement. On an appeal by Lt-Col. George Mon creiff of Reidie, patron of the parish of Auchtermuchty, from a fentence of the fynod of Fife, affirming a judgment of the prefbytery of Cupar, refufing to sustain and concur with a prefentation and call in favour of Mr Thomas Mutter minister at Leffwalt, to be minifter of Auchtermuchty, the queftion was put, on the 25th, Reverse the fentence complained of, or Not? and it carried, by a great majority, Reverse. The affembly therefore reverfed the fentence; and fustained the call to the prefentee to be minister of Auchtermuchty; remitted to the prefbytery to proceed in the neceffary steps towards his tranfportation from Leffwalt, and his admission in Auchtermuchty, with all convenient speed; and impowered the commiffion to determine finally in any complaint, reference, or appeal, that fhall regularly be brought before them relative to this fettlement. On a reference from the prefbytery of Paisley, relating to the tranflation of Mr John Witherspoon from Paisley to Dundee, the affembly unanimously continued Mr Witherspoon at Paisley. There were long pleadings, and reafoning, May 27. & 28. on a petition for Mr Robert Dalrymple, minifter at Dallas, tabling an appeal taken by him from a fentence of the fynod of Moray, affirming a sentence of the prefbytery of Forres, whereby, on a libel, charging him with being guilty of fornication with Margaret Lee, his maid-servant, they depofed him from the office of the holy miniftry, appointed the parish of Dallas to be declared vacant, and Mr Dalrymple to appear on a Lord's day before the congregation of Dallas, to make public profeffion of his repentance. Mr Dalrymple, in his petition, complains of the prefbytery, for precipitation and other irregularities in conducting the procefs against him; particularly in proceeding fometimes in his absence, and without timely notice given him; and in refufing him an exculpatory proof. On this cafe the judgment was in thefe words. "The general affembly did, and hereby do, without a vote, reverfe the fentences of the prefbytery of Forres and fynod of Moray, depofing the faid Mr Robert Dalrymple from the office of the holy miniftry; and leave it to the prefbytery to proceed of new, by way of libel, against the appellant, as they fhall fee caufe; and if they fhall proceed in a new procefs, that they allow him a full proof of all facts and cir cumftances a Proceedings of the general affembly. On report of the committee for overtures, May 31. the following overtures were agreed to be tranfmitted to the feveral prefbyteries of the church, that they may fend up their opinions upon them to the next affembly, viz. 1. [concerning the repealing of a part of the form of procefs, relating to exculpations.] "The general affembly confidering, that by Form of process, ch. 2. 13. the judicatures of this church are injoined to consider and sustain the relevancy of the exculpation offered by the defender, before they give warrant to cite witneffes for the proof thereof; and confidering like wife, that a practice more equitable obtains in the fupreme civil and criminal courts of this part of the united kingdom, viz. that the defender is always allowed to prove all facts and circumftances which he may apprehend to have any tendency, either to his entire exculpation, or to the alleviation of the crime charged in the libel against him, and that before the court proceed to confider the relevancy of the grounds of exculpation offered by the defender: Therefore the general affembly did, and hereby do, repeal the article in the Form of Procefs above referred to; and enact, and appoint all judicatures in this church, to grant warrant to cite fuch witnesses as the defender, or his procurator, fhall name, for proving all facts and circumftances which the faid defender, or his procurator, may judge to be of ufe for exculpating the defender from the crime or crimes libelled, or for alleviating the fame, without giving any previous judg Suppofitions and Calculations. It was fuppofed, That 30 ministers and profeffors would die an- That they would leave 20 widows annually; That 6 families of children without a widow 281 ment on the relevancy of the grounds or articles of exculpation. And further, they appoint the faid judicatures, before pronouncing final fentence, to weigh deliberately, not only the relevancy and proof of the libel, but likewife the relevancy of the faid exculpation, and the proof thereof." 2. The overture tranfmitted by the aflembly 1754, concerning members of inferior courts judging in caufes appealed from to fuperior courts, formerly inferted verbatim [xv. 579. xvi. 257.],—to be again tranfmitted. The overture [xxiii. 272.] of last asfembly, relating to prefbyteries fending their opinions on overtures tranfmitted to them,-to be alfo again transmitted. And the affembly remitted to the window-tax committee, to review the Forne of Procefs as it presently stands, and prepare an overture for altering fuch parts of it as may be thought neceffary, — to be laid before the commiflion in November, who are impowered to transmit it to the prefbyteries. According to the report of the trustees for managing the widow's fund, the facts continue [xxii. 264.] to correfpond, to a furprifing degree of exactness, with the fuppofitions on which the calculations for establishing the fund were founded; as appears by a comparifon of the calculations previously made, with the facts as they have come out fince the commencement of the establishment, being eighteen years, as follows.-The first column contains the fuppofitions, and the calculation previously made; the fecond, the facts as they have come out; and the third, the differences between these. 360 Fails. 72 72 229 224 L. 19:17:3: 10 That the number of annuitants drawing full 14/L.52 | L. 52,122:0:9;3||L. 538:3:6:9 The |