May 17. The Affembly agreed to hear the complaint and appeal of fome Members of the Prefbytery of Stirling, againft the fentence of the faid Pr. fbytery accepting of the refignation of Mr William Innes of the fecond charge of Stirling; and in the mean time the Affembly ordain the faid Mr William Innes to be fummoned to appear before their bar tomorrow, to aniwer for his conduct in giving up his Minifterial charge at Stirling. The Afflembly had under their confideration the cafe of Mr Dallas, minifter of Contin. The Prefbytery of Dingwall had, on the 5th of December laft, iffued an order to Mr Dallas and his Kik Seffion, to call before them two men, who had been charged with giving tokens to vagrant communicants from other parishes; to take the confeffion of these men; and to fend it in an extract of their minutes, to the next meeting of Prefbytery. Mr Dallas, however, did not obey this order, and affigned reafons for his dilobedience, which did not fatisfy the Prefbytery.The Prefbytery, therefore, ordained him to be rebuked, and renewed the order on him. The atfair was brought by complaint and appeal to the Synod of Rofs, who reveried the fentence of the Prefbytery. Prefbytery of Dingwall, on the 5th December, fhould be highly approved; that the matter fhould be remitted fimpliciter to the Prefbytery, to proceed in it as they fhall fee caufe; and that a copy of this fentence should be fent to the clerk of the Synod of Rofs, with orders to engrofs it in their record. Another motion of an oppofite nature was made; but the above, after fome debate, was carried by a great majority.-58 againft 34.) May 18. After fome private business, the Affembly took under confideration the overtures lying on their table relat ing to unqualified Minifters and Preachers. After realoning a fome length upon the fubject, they, without a vote, agreed to the following Declaratory Act, viz. "The General Affembly having received overtures from many Synods which propofe that fome effectual regulations fhall be made, in order to prevent perfons not duly qualified from being em ployed to preach the word, and to dif penfe the other ordinances of the Gospel in the Congregations under the care of the Church; confidering, that the rules laid down by the Apoftles of our Lord, require from all who are invefted with the folemn truft of committing the miniftry of the word to others, prudence and ftrictnefs in the trial and judgment of those whom, in the, exercise of that truft, they pronounce faithful and apt to teach; confidering, that the laws of this Church, in conformity to the rules of Scripture, have prefcribed a certain previous courfe of education, as neceffary for all the probationers thereof, and have directed all the Prefbyteries of this Church, to employ inquiries and trials of various kinds, in order that they may be fully fatisfied concerning the literature, found doctrine, good morals, and fteady attachment to our Conflitution in Church and State, of those who apply to them for licence to preach the Gospel: And confidering further, that the judicial proceedings of the General Affembly in particular cafes have interpreted and enforced thefe laws, do hereby enact and declare, That it is agreeable to the Conftitution, the Laws, and the decifions of this Church, that no probationer who has obtained a licence without the bounds of this Church, or who has not obtained a licence from fome Prefbytery of this Church, and no ordained perfon who did not obtain his licence from a Prefbytery of this Church, or who either by going 304 Parties being fully heard at the bar, Mr Rofe for the Prefbytery of Ding wall, Mr MacIntosh for the Synod of Rofs, and Mr Dallas for himself, with Mr Corbet, advocate, as his Counsel-Dr Hill, in an eloquent fpeech obferved, that though Mr Dallas, in the reafons he gave for not obeying the orders of the Prefbytery, had not fhewn much acquaintance with the laws of the Church, yet, confidering the circumftances of family diftrefs, in which, it was flated from the bar, that he had been involved, and the intimation he had given forthwith of his readiness forthwith to inveftigate the matter, he would move the affirmation of the fentence of the Synod, in fo far as it covered Mr Dalias from a rebuke.-It was perfectly evident, however, that the matter was of great importance. The conduct of the Prefbytery in iffuing the order of the 5th December, was highly correct and proper; and the total reverfal of the fentence of the Presbytery by the Synod, was not only againft pofitive law, but might produce the moft pernicious confequences. He therefore moved, in fubftance, That the fentence of the Synod reverfing the fentence of the Prefbytery for rebuking Mr Dallas, fhould be affirmed; that the order of the without without the bounds of the Church to obtain ordination, although he was not cal led to a particular Congregation in another country, or by any other part of his conduct has forfeited the licence which he had obtained, fhall be held qualified to accept of a presentation, or a call to any parish in this Church, or to any Chapel of Eafe connected therewith: And the General Affembly do hereby enjoin all the Prefbyteries of this Church, if a presentation or call to any fuch probationer or ordained perfon, as is described • in this act, fhall at any time be given in to them, inftantly to pronounce a fentence refufing to fuftain fuch prefentation or call, and declaring it null and void. 1 "And further, the General Affembly, confidering that it is of the greateft importance to the interefts of True Religion, to the found inftruction of the people, to the quiet of their minds, and the peace of the Church and State, that unqualified perfons, who intrude themselves into the Miniftry, fhall not receive any countenance from the Minifters of this Church, more especially in the prefent times, when men who avow their hoftility to our Ecclefiaftical Eftablishment, and their contempt of all the rules which the wisdom of our ancestors framed, upon the model of Scripture, for the orderly dispensation of the word and facraments, are traverfing all the districts within the bounds of this Church, and attempting to alienate the minds of the people from Aheir eftablished teachers; confidering alfo, that it is effential to the unity and good order of the Church, and implied in the fundamental principles of Prefbyterian Government, that no Minifter fhall prefume to set up his individual judgment in oppofition to the judgment of thole to whom, at his ordination, he promised fubjection in the Lord, and that every Minifter fhall confider himself as an anfwerable to his Prefbytery for the manner in which all the parts of divine service are performed during his incumbency, within the ftated place of worship provided by law for that congregation which is committed to his care, do hereby difcharge and prohibit, under pain of fuch cenfures as the judicatories of this Church may fee caufe to inflict, all the Minifters of this Church, and the Minifters of all Chapels of Eafe connected therewith, from employing to preach upon any oceafion, or to discharge any of the other ordinances of the Gospel, within any congregation under the jurisdiction of this Church, perfons who are not qualified, according to the laws of this Church, to accept of a presentation; and from holding Minifterial communion in any other manner with fuch perfons; And the General Affembly do hereby enjoin all the Pref byteries of this Church to attend to any tranfgreffion of this prohibition, which may occur within their bounds, and to fummon the Minifter who is reported as being guilty of fuch tranfgreffion to an fwer for his conduct." The Clerk of Affembly was ordered to tranfmit this act to all the Prefbyteries of the Church, to be recorded in their books. Upon a petition, the Affembly agreed to the erection of a Chapel of Eafe at Pitiligo. May 19-The firft bufinefs was a reference from the Synod of Lothian and Tweedale, against a sentence of the Pref bytery of Edinburgh. Mr Ewing, minifter in Lady Glenorchy's Chapel, in December laft, gave in to the Prefbytery a letter of refignation of his charge as a minifter of the Church of Scotland, which they accepted. No proteft followed againft this decifion; but a member of Prefbytery brought the matter before the Synod, and the Synod referred it to the Affembly. After a fhort debate, it was unanimously agreed to adopt the fame fentence as was pronounced in the cafe of Mr Bayne in 1766, viz. "That Mr Ewing be no longer confidered as a minifler of this Church, nor allowed to accept a prefentation to any parish or living in it, and that no clergyman of this Church employ him in any manner, unless this fentence fhall be taken off by a future General Affembly." The Affembly had tranfmitted to them by their Committee for Bills, a petition from Dr, Moodie at Clackmannan, complaining against a fentence of the Prefbytery of Stirling, accepting of the relignation of Mr Wm. Innes, of the ad minifterial charge of Stirling, which petition was read; and extract of minutes of the Prefbytery of Stirling were alfo read. Parties being called, there appeared for the complainers Dr Moodie and Mr Knox at Larbert and Dunipace; and for the Presbytery of Stirling, Mr Watfon at Dollar. After reafoning at great length, the following motion was made, "The Alfembly approve of the conduct of the Rev. Dr Moodie and Mr Knox, in bringing the fentence of the Prefbytery of Stirling under review of the General Affembly: Find, That after it had been alledged by the complainers, that fuch fchifmatical fchifmatical divifive practices had been purfued by Mr Innes, as if they had been eftablished by proof, would have inferred the higheft cenfure of the Church, it was not competent for the Prefbytery or Synod to accept fimpliciter of his refignation of the fecond charge of Stirling; and find, that the Prefbytery acted contrary to the act 1739, concerning Minifters who have feceded from the Church, and that their conduct was highly reprehenfible; but the General Affembly being informed by Mr Balfour of Glafgow, and Mr Campbell of Kippen, that, from perfonal and confidencial communications which they had with Mr Innes, in which they endeavoured to diffuade him from executing his refolution, they knew that, however defective his letter of refignation, it is and was his intention, by that paper, to refign his character as a Minifter of this Church; fuftain this information as an explanation of the letter given in by Mr Innes to the Prefbytery of Stirling; and accordingly find, that Mr Innes is no longer a Minifter of this Church, &c. as in the cafe of Mr Ewing.' Another motion was made, “ Approve of the conduct of the complainers; reverfe the fentence of the Prefbytery of Stirling, of which the Affembly disapproves as highly irregular and reprehenfible, in accepting Ampliciter, under the circumftances of the cafe, Mr Innes's refignation of his charge as ad minifter of Stirling; ordain Mr Innes to return to his charge on or before the 1ft of July next, and to remit to the Prefbytery of Stirling, at fome meeting to be held in the faid month of July, at which all the members are ordered to attend; and upon Mr Innes's failure fo to do, to proceed according to the rules of the church, and to report their procedure to the meeting of the Commiffion of this Church in Auguft next. For the firft motion 36 86 The reference to the General Affembly, and complaint against the conduct of Certain Brethren, in having employed Mr James Young to preach in their pulpits, fubfequent to the fentence af last Affembly was withdrawn, for the following reafons:-The intention of the complaint was to carry into effect the decifions of laft Affembly, and to afcertain in its full extent the fenfe of the law paffed in 1779, refpecting the legal qualifications of those who are intitled to preach in the pulpits of this National Church, and both of these objects are now obtained completely by the declaratory law made by the Affembly on Tuesday laft. The General Affembly heard the quef tion upon the relevancy of a libel ferved by the Prefbytery of Penpont, upon Mr Nivifon, one of their members, charging him with fornication, and brought for ward by him on the footing of appeal. Mr Cranftoun appeared as counfel for Mr Nevifon, and Mr Wilfon for the Prefbytery. After parties were heard, the Affembly unanimously referred the question to a small Committee, who were appointed to report their opinion to the Houfe as foon as they were ready. On Monday they reported the following opinion accordingly, That the fixth was relevant-That the fecond, third, fourth, and fifth were irrelevant as laid, but remit to the Prefbytery to amend thefe charges if they fee cause, which opinion was unanimously adopted. The Lord High Commiffioner appeared this day in the Affembly, and, in a gracious fpeech from the throne, expreffed his regret for his abfence from foine preceding meetings of the Affembly. To which the Moderator, in the Assembly's name made a fuitable return, and congratulated his Grace on his recovery from his late indisposition. May 31. The report of the Widows' Fund was given in, and the thanks of the Affembly given to Sir. H. Moncrieff for his fidelity in the management of it. The overtures from the Synods of Aberdeen, and Angus and Mearns, refpecting vagrant teachers and Sunday fchools, and refpecting irreligion and anarchy, were read. The Affembly having deliberated upon the fubject of thefe overtures, upon a motion, unanimously refolved, that a paftoral admonition be ad. dreffed by the General Assembly to the people of Scotland, warning them of the danger of encouraging or liftening to the addreffes of thofe men who under the the name of Miffionery or Itinerant Preachers, have of late been travelling over all the diftricts within the bounds of this Church, and that a Committee be appointed to prepare the fame :-That the lame Committee be appointed to inquire into the exifting laws which place fchoolmafters and teachers of youth under the inspection and controul of the Eftablished Church, and report to the Affembly a ftatement of thefe laws, together with their opinion concerning the moft effectual method of preventing unqualified perfons from being employed in the important office of inftructing youth. A petition was read from the parochial fchool-mafters of Scotland, with regard to the inadequacy of their falaries, and praying the Affembly to countenance an application which they intend making to Parliament to get them raised. This petition was alfo referred to the Committee appointed on the two foregoing mo tions. The General Affembly having confidered the referrence of the Prefbytery of Dundee, and the reprefentation of the kirk feflion of Dundee, find that all the elders of that Church are required by the laws of the church to fubfcribe the Confeffion of Faith, approved of by the General Affembly of this church, ratified by acts of Parliament, by the treaty of Union, that every perfon when ordained an elder, who refuses, when judicially called, to fubfcribe the Confeffion of Faith, in prefence of the people, is difqualified by that refusal from taking any part in the government of this church: That the Minifter of Dundee, who was appointed by the kirk feffion, to perform on the 9th of September laft, the office of ordaining elders for whom an edit had been ferved, acted moft unaccountably in prefuming to put to thefe perfons before their ordination, queftions different from thofe which are implied in the Formula 1794, and by no means adequate to the spirit of that Formula: Ordain the Prefbytery of Dundee, at their next meeting, to fummon the Minifter to anfwer for his conduct refpecting the ordination of thefe elders; to report the refult of their investigation to next General Affembly; and to fummon the faid Minifter to appear at the bar of the next General Affembly: Ordain the Prefbytery at their next meeting, to fummon Mr Davidion, Moderator of the kirk feffion, who fubfcribed that minute in their mame, to answer for his conduct in fo doing; to report the refult of this inveftigation to the next General Affembly, and alfo to fummon Mr Davidson to appear at the bar of the next General Aflembly. Approve of the conduct of the Prefbytery of Dundee, in referring this impor tant matter to the General Affembly; remit to the Prefbytery at their next ordinary meeting, to fummon all the elders ordained on the 9th of September, who have not already fubfcribed the Confeffion of Faith fimpliciter, to appear before them at their next meeting; leave it to the Prefbytery to take fuch fteps a to them may appear proper for preferving that regard to the ftandards of the Church, and that complete fubordination of inferior judicatories to their fuperiors which are effential to the character of Prefbyterian Government; and the General Affembly fpecially inftruct the Pref. bytery to inquire of the persons summoned as above-mentioned, whether they are willing to fubfcribe the Confeffion of Faith fimpliciter, in the prefence of the Prefbytery; to judge from their answers and from the temper of mind, which they difcover, whether they fhould be admitted fo to fubfcribe; and to iffue their orders to the kirk Seffion, which the kirk Seffion are ordained perempto rily to obey, to strike off from their roll every one of the above-named perfons, who does not produce to them a certifi cate from the Presbytery's clerk, that he has fubfcribed accordingly. During the proceedings of the Affembly this day, a perfon, not a member, attempting to speak, was immediately ftopped, and turned out. June 3. Sir John Sinclair prefented to the Affembly a complete copy of the Statiftical Account of Scotland, in 21 volumes, which was ordered to be laid among the records; and the thanks of the Affembly were voted to Sir John. The Committee who were appointed to draw up the Paftoral Letter relative to the Missionary and Itinerant preachers, prefented the fame, which was agreed to, ordered to be printed, and to be circulated among the Prefbyteries, &c. and it was appointed to be read from the pulpit of every parish the first Sunday after it is received. This Committee alfo gave in a report relative to Sunday Schools, which was alfo adopted, and ordered to be printed for the use of the Church. The Affembly, upon the report of a Committee, found the libel in the cafe of Mr Nivelon, Minifter of Penpont, re levant, levant, and remitted it to the Presbytery to take the proof. June 4. The Commiffion of the General Affembly after hearing parties at great length, unanimoufly affirmed the fentence of the Synod of Dumfries, depofing Mr Thomas Henderson, Minifter of Dryfdale, from the Holy Miniftry, for feveral grofs immoralities, formerly mentioned, and declared that church vacant. BIRTHS. May 23. At Blair Caftle, Mrs Dundas of Blair, a daughter. 24. The Lady of Sir William Elliot of Stobbs, Bart. a fon. 29. At Edinburgh, Mrs Col. Robert MacGregor Murray, a daughter. 31. At Mrs Taylor's, Amble, Mrs Wellwood, a fon. June 7. Mrs Gregory, St John's Street, a fon. MARRIAGES. Montgomery Bofwell, Efq. furgeon, to Mifs Hannah Ramfhaw, of North Shields. At Bedford-fquare, Enfign Douglas to Mifs C. Arbuthnot, of Titchfield-fireet. Captain Matthew Henry Scott, of the Royal Navy, to Mifs Pinnock, of Weftbury Houfe. Col. Alexander Innes, to Mifs Boteler, of Henley-on-Thames. At Dumfries, Mr James Thomson, writer, to Mifs Jeffie Lewers, daughter of the late Mr Lewars, Supervisor of Excife. At Clonmel, Capt. J. Dudgeon, of the Rothfay and Caithnels Fencibles, to Mifs Greene, daughter of John Greene, of Dungarvan, Efq. Dec. 10. 1798. At Calcutta, Sir George Alexander Leith, Bart. Brigade Major of the King's troops in Bengal, to Mifs Albina Vaughan, youngest daughter of Thomas Vaughan, Efq. Jan. 14, 1799. At Bombay, George Keir, Eq. M. D. to Mifs Elizabeth M. Goodwin. May 9. At Inverness, the Rev. Mr James Fowler, minifter of Urquhart and Glenmorifton, to Mifs Margaret Grant, daughter of Alpin Grant, Efq. of that place. 20. At Greenock, Mr Dugald M'Fee, ship-mafter there, to Mifs Eliz. McEwen. June 2. At Montrofe, James Smith, merchant, to Mifs Eliza Brown. 3. Mr D. Maclaurin, of Carron, to Mifs Janet Bell, only daughter of Mr Andrew Bell, merchant, Falkirk. 3. At Edinburgh, Mr Robert Stevenfon, Tinfmith, to Mifs Jean Smith, eldeft daughter of Mr Thomas Smith, Tinfmith in Edinburgh. - At Burnfide, Adam Crooks, Efq. merchant in Glasgow, to Mifs Margaret Kippen, fecond daughter of John Kippen, Efq. merchant in Greenock. 5. At Edinburgh, Mr Charles Cunningham, Writer, Edinburgh, to Mifs Elizabeth Weir, daughter of the late John Weir, of Kerfe, Efq. 6. James Nemon, Efq. to Mifs Stewart, daughter of the late Captain Selkirk Stewart. -. At Putney Church, Surrey; Lieut.Col. Drinkwater, lately of the 2d Battalion Royal, to Mifs Congalton, daughter of the late Charles Congalton, Efq. of Congalton, in Eaft Lothian, North Britain." 11. At Monreith, William Murray, Efq. younger of Touchadam, to Mils Maxwell, eldeft daughter of Sir William Maxwell, of Monrieth, Bart. 13. At Edinburgh, Major James Colquhoun, eldeft fon of Sir James Colquhoun of Lufs, Bart. to Mils Jeffy Sinclair, daughter of Sir John Sinclair, of Ulbfter, Bart. Mr David Smith, merchant, Main Point, to Mifs Rachel Storie, daughter of Mr John Storie, merchant, Edinburgh. -. At Edinburgh, Mr Charles Broughton, writer to the fignet, to Mifs Helen' Peat, daughter of Mr John Peat, writer in Edinburgh. 16. At Oban, Mr William M'Callum,' merchant in Glasgow, to Mifs Margaret Stevenson, daughter of Mr John Stevenfon, merchant there. |