be moderated, and shall appoint one or more of their number, who, after sermon, shall meet with the heritors and elders of the vacant parish, in presence of the congregation, upon the day for the moderation, to moderate in a call to one to be turned into a standing act; yet, considering that this representation has already swelled beyond our inclination, which we could not well avoid, by reason of the variety and great importance of the matters therein contained, and that this overture is transmitted to the several presbyteries, that they may return their opinions thereanent to this assembly, who we doubt not will lay open what is to be objected against it to better purpose, and more effectually than we can pretend to, and seeing, according to the 9th Act of Assembly, 1697, establishing the method of passing Acts of Assembly of general concern to the church, the said overture cannot be turned into a standing act, until it appear by the report made from the several presbyteries that the general opinion of the church agrees thereunto, which we hope is not to be expected in this case; we judge it unnecessary to take up the assembly's time n representing particularly what we have to offer against this overture, and the turning it into a standing act. Only we cannot omit declaring on this occasion, that we humbly conceive, by this overture, heritors, tho' not of our communion, but avowed enemies to our constitution, and to the government of our only rightful and lawful sovereign king George, and protestant succession in his royal family, and favourers of a popish pretender, will have a chief hand in settling many congregations in Scotland; and that the said overture appears to us not to be founded on the holy scriptures, nor consistent with the constitution and known principles of this church agreeable thereto. But to conclude, as this our representation does not proceed from any design in us to cause or increase differences in this church, nor to offend any one whose sentiments may differ from ours, but from conscience of duty, as we have the honour to bear office in the church of Scotland, and our being deeply affected with what is above represented, as appearing to us highly prejudicial to the true interest thereof, yea, contrary to our known principles and constitution, to which we are bound stedfastly to adhere, by the word of God, our solemn national covenants, and the special engagements we came under at our ordination to our respective offices: so we earnestly entreat and hope this venerable assembly, which has the chief trust anent the concerns of this church, and is most capable under God to redress her grievances, will construct and accept favourably of this our humble representation and petition, and take such measures as the Lord, in his mercy and wisdom, shall be pleased to direct unto, for answering the ends thereof, and remedying, not only the grievances above represented, but also any others you may know the church groans under, even in the remotest corners of this land; for which end we desire earnestly to pray to the only King and Head of the church, the great God our Saviour, for the plentiful effusion and promised conduct of his Holy Spirit to this assembly: waiting humbly for your favourable answer, minister of the parish, who is to be elected and called by the heritors and elders in a conjunct meeting. That after the finishing of the election, the person so elected to be minister, shall be proposed to the congregation, to be either approven or disapproven of by them. That the disapprovers shall offer their reasons to the presbytery of the bounds, at whose judgment, and by whose determination, the calling and entry of the minister shall be ordered and concluded according to the rules of this church. That in case of vacancies in royal boroughs, the election or call shall be by the magistrates, town council, and elders, in a joint meeting, where there is no landward parish, and by the magistrates, town council, heritors, and elders, in a joint meeting, where part of the parish is to landward. And the General Assembly declares, that all heritors, which, if obtained, will cause in us, yea, many more of the Lord's servants and people, abundant joy and thanksgiving on your account. The above representation and petition was signed at Perth, February 22, 1732, by George Gillespie, maister at Strath- George Freer, minister at Lethendie, John Gibb, minister at Cliesh, Alexr. Moncrieff, minister at Abernethie, And at Edinburgh, March 9th, year foresaid, and the other places and dates mentioned in the original paper, by John M'Claren, minister at Edinburgh, Alexander Hamilton, minister at Stirling, This representation and petition was afterwards adhered to by James Noble, minister at Eckford, James Innes, minister at Mertoun, being protestants, who shall be willing to subscribe the call by themselves, or their lawful proxies, or, who shall, by a writing under their hand, invite the person called, to be minister of the parish, and to exercise the duties of his ministerial function, and promise to encourage him in it, shall be admitted to vote in calls or elections of ministers to vacant parishes. And that no vote, either of heritors or elders, shall be sustained, except such as shall have either signed the call, or for whom there shall be produced a writing in the manner, and to the purpose above mentioned, in presence of the minister moderating in the call. And in case of difference among the heritors and elders, about the person to be elected, the minister moderating is appointed to reduce what shall be alleged on both sides into a minute, containing the true matters of fact impartially, and to lay the same before the presbytery for their decision. And in case no application shall be made to the presbytery in manner foresaid, by the heritors or elders, for moderating a call within six months after the jus devolutum begins to take place, the General Assembly recommends it to presbyteries, to plant vacant churches in such manner as shall contribute most to the advancement of religion, and to the peace and comfort of parishes. "And that there may be no unnecessary delays in planting of churches, the assembly further ordains, that in case within the six months next after the vacancy, such as have interest shall show their disposition to comply with this ecclesiastical rule, by applying to the presbytery to have the parish planted in the way and manner above specified, the presbytery shall proceed to the settlement thereof in the foresaid way and manner, without putting it off till the said six months are expired. And the General Assembly recommends it to all ministers, preachers, and members of this church, to take care that they do not encourage, nor go into any method for planting vacant churches contrary to, or inconsistent with this act."* This act was certainly an innovation upon both the law and the practice of the Scotish church. It was an innovation upon the law, for the overture had not been regularly returned Printed Acts of Assembly, 1732. through presbyteries in terms of the barrier act;* and it was an innovation upon the church's practice, which, from the very dawn of the reformation, had contended in theory for the rights of the christian people, and secured it in practice, as far as it was possible, under the sufferings to which she had been subjected by the tyrannical misrule of foolish kings and narrow-minded prelates. It has often been stated that this act was not different from the act of 1690, though it was framed for the purpose of annihilating the little liberty, which, to the disquietude of the leaders of that day, was still, in consequence of the act 1690, in the hands of the people. The following comparison betwixt the two acts, that of 1690 and 1732, is from the pen of a well known writer, who was certainly inimical to any thing like a separation from the church, though he had too much piety and good sense not to see the native tendency of the public managements of that time:— "First, The act 1690 is by a civil court, the act 1732 by an ecclesiastical; and though it might be expected that the latter would in their acts keep closer to the rule of the word than the former, yet the act 1732 is more distant from that rule than the act 1690; in regard, the act 1732 tends more to spoil congregations of their rights, and countenance intrusions upon them, than the act 1690 doth. Secondly, By the act 1690, the heritors and elders are only empowered to name and propose a person to the whole congregation; but by the act 1732, they are empowered to elect and call one to be minister of the parish. Third, According to act 1690, the election was not to be held as finished, until the man was proposed to the congregation, and their approbation had, and if they disapproved, the affair was to stop as unfinished until the presbytery gave their judgment whether to proceed further in it or not; but the act 1732 holds the election as finished by the votes of the heritors and elders, and the man to be legally elected, and called to be minister of the parish, before the consent of the people be asked. Fourthly, By the act 1690, and another soon after • Eighteen presbyteries had returned no opinion regarding it; eighteen were for it, twelve of them requiring material alterations, and thirty-one were absolutely against it. passed to explain it, all unqualified or disaffected heritors were excluded from voting; but by act 1732, all heritors whatsomever, whether hearers or not, were allowed to vote, if they were not professed papists. So that in many parishes where the disaffected heritors were supernumerary to the others, they had power to thrust in a minister upon a well-affected congregation. Fifthly, For what appears from the words of the act 1690, the heritors and elders might have acted as distinct bodies in the nomination, and the one might have had a negative upon the other therein, and so the heritors' nomination could not be valid, without the concurrence of the body of the elders, for by the act, the man was to be named by the elders as well as by the heritors; but by the act 1732, it was expressly provided, that the heritors and elders should elect in a conjunct body, so that considering the superior number and influence. of heritors in most places, ministers might be chosen where the eldership and whole body of the congregation reclaimed, as frequently has happened. Sixthly, The act 1690, and the act 1732, differed prodigiously as to the sense and meaning put upon the words thereof; the execution of the act 1690, being entrusted to presbyteries, the sense they then put upon the approbation of the congregation, and the reasons of the disapprovers, was far from the late sense put upon them. By their approbation, the church then understood their judgment concerning the candidate's gifts of preaching and prayer, that they judged them suitable to their capacities, and adapted to their edification; and if the body of the congregation disapproved the man nominate, and gave for their reasons, that his gifts were not edifying to them, nor suited to their capacities, and that they could not in conscience consent to his being their minister, such reasons, given by a knowing well-disposed people, were then judged sufficient to stop the affair, lay aside competing candidates, and to proceed to a new election. But by the sense put upon the act 1732, no reasons or objections could be received but against the man's life or doctrine; and if the people did not prove error or immorality against him, by witnesses, they must receive him as their pastor. So that, by this sense, the people had no more interest or concern in the settlement of their pastor, than these of any |