blies, and oftener, pro re nata, as occasion and necessity shall require: To this agrees the act of Parliament 1690, ratifying the Confession of Faith, and settling Presbyterial church government; so that the Sovereign, till these laws be altered, cannot, by his mere authority or procla mation, render the meetings of Assemblies precarious and uncertain, unless he run the risk of renewing the dispensing power. 6. By the 5th act of Assembly 1694, the representation of the several presbyteries in this national church in its General Assemblies, shall hold proportion to the number of parishes, whether vacant or planted, within each presbytery, in manner following: All presbyteries consisting of twelve parishes, or under that number, shall send two ministers and one ruling elder. And all presbyteries consisting of eighteen parishes, or under that number, but above twelve, shall send three ministers and one ruling elder. And all presbyteries consisting of twenty-four parishes, or under that number, but above eighteen, shall send four ministers and two ruling elders. And, lastly, all presbyteries consisting of above twentyfour parishes, shall send five ministers and two ruling elders. And every collegiate church where there use to be two or more ministers, are, so far as concerns the design of this act, understood to be as many distinct parishes; So that presbyteries delegate not less than a sixth part, nor more than a fifth part of the ministry. Conform to the representation proportioned by this act, the number of ministers delegate from presbyteries are one hundred and eighty, and of ruling elders sixty-eight. But each royal burgh having the privilege, (if they please to use it,) to be represented there by a ruling elder, and the city of Edinburgh by two, this would add sixty-seven more ruling elders to that order, making in all of elders. one hundred and thirty-five. By that same act, no persons shall be admitted members of Assemblies, but such as are either ministers or ruling elders. And by the 6th act of Assembly, 1698, it is recommended to presbyteries to choose only such ruling elders as may and will give attendance, 7. Commissioners from royal burghs, till the matter be further thought upon, by the act of Assembly, July 15. 1648, are to observe the ordinary practice, viz. That each burgh send one, and Edinburgh send two ruling elders, approven of and consented to by the ministry and session of the burgh. But yet each university may be represented, by a minister or ruling elder; neither is that kind of approbation of the choice required, albeit there may be the same reason for it: For the members of a faculty as such are not obliged to be either ministers or ruling elders. But upon the whole, our practice would be more easily accounted for, and a great deal more agreeable to that of foreign churches, if delegations were only from presbyteries, and the delegates equally both of ministers and elders. 8. By the 6th act of Assembly 1704, no minister or elder can be commissioned to the General Assembly by any presbytery, burgh, or university, but such as usually reside in, or have a relation to the presbytery, burgh, or university they are commissioned from. This is enacted, that pragmatic and designing men may be kept out from being members of assemblies; after their own presbyteries, &c. (perhaps from some such apprehension,) had been pleased to neglect them in their choice. 9. The Assembly by their act the 9th of August, 1641, considering, that if the Scots kirk at Campvere were joined as a member of the Kirk of Scotland, it would be convenient for correspondence from foreign parts for the well of this kirk; therefore they desired the said kirk of Campvere to send their minister with a ruling elder, with their commission to the next General Assembly, at which time they should be inrolled as commissioners from that kirk. When that church is vacant, the Convention of Royal Burrows have been in use to present a minister, and act as patrons. And by the act of Assembly 1704, some propositions concerning the said kirk, approved by the Assembly 1642, are of new enacted and authorised, viz. (1.) That the said kirk observe that order in the outward worship of God, and exercise of discipline, as is here received by law and practice. (2.) That, at least, every third year their commissioners be at the Assembly, whose expenses are to be paid by their own kirk, till this church be in a better capacity to do it. (3.) That they advise with the presbytery of Edinburgh, or commission of Assembly, concerning emergent difficulties. 10. By the act of Assembly 1638, December 17, 18, it is referred to particular presbyteries, and especially to the ruling elders therein, that commissioners to Assemblies their expenses be borne conform to former acts of Assemblies, by the particular parishes in every presbytery, and proportionally by all sorts of persons therein, able in land or money; which act is ratified by the Assembly 1639, August 29, and extended to the expenses bearing of such as shall be sent in commission by General Assemblies: But it is referred to the Parliament for making these who are stented to pay their proportions; by which it is clear that presbyteries may stent the people within their own bounds, for defraying the charges of those therein, who attend General Assemblies; but then it must not be exacted, but only received from a willing condescending people, which will certainly be very unserviceable if otherwise received, unless the expenses be most inconsiderable. And the practice might prove more serviceable in a disturbed state of the church, when ministers come to be deprived of their stipends. Since the year 1642, our Sovereigns have bestowed four or five hundred pounds sterling yearly, to be employed by General Assemblies, which will do much to defray the expenses of commissions from General Assemblies, sent to visit the remoter parts of the church. See Assem. 1642, August 5. 11. The General Assembly, by their 8th act 1695, gives the form after insert for a directory to presbyteries in their giving commissions to their members for General Assemblies; which form is likewise observed by universities, each whereof sends one, as also royal burghs, mutatis mutandis. At the day of years, the which day the presbytery of did, and hereby does nominate and appoint Mr A. B. minister at C. Mr D.'E. minister at F. and ruling elders, their com the day of next to missioners to the next General Assembly of this church, indicted to meet at come, or when or where it shall happen to sit, willing them to repair thereto, and attend at 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 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. Extracted by me, &c. And by the 6th act of Assembly 1704, this clause must be insert and added to the said form of all commissions, viz. that they have subscribed the Confession of Faith of this church, according to the 11th act of the General Assembly anno 1700. 12. The reason for enacting this uniform method was, that all members might be alike free; for before this time several presbyteries did insert, in their commissions, particular instructions and limitations, which did not a little muzzle and confuse the members, and might at some occasions have proved an advantageous handle for such as were not tender of the church's peace. 13. By the 4th act of Assembly 1694, commissioners from presbyteries and others are appointed to give in their respective commissions to the clerk of the General Assembly, the night at least before the first diet or meeting thereof, to the effect the rolls may be timeously made up, and that the commissions may be considered by the Assembly without any interruption: and all commissions not so given in, shall be delivered in the intervals, betwixt and the after-diets. 14. By the 6th act of Assembly 1698, presbyteries are appointed to choose their commissioners to General Assemblies at least forty days before the sitting thereof. That which gave rise to this act was, that the civil authority, for some time before that, had been pleased, (though not agreeably to the act of Parliament 1690 in favours of the church,) to interpose a privative power in adjourning General Assemblies to a longer time than the appointment of the preceding Assembly, whereby their meetings were rendered both unfrequent and uncertain; and with some view to obviate this, I think the act hath been made, but yet especially that members might be in case to attend, being so long chosen before the time. 15. The General Assembly useth to be honoured with the Sovereign's presence, either by their royal person, or by their High Commissioner: for which the Moderator in the Assembly's name doth use to express their thankfulness, and how great a mercy they do esteem it to have the countenance of civil authority. But there have been many General Assemblies begun, held, and continued in Scotland, without either the King or his Commissioner'spresence: and that it was not, nor yet is contrary to law, is evident, if the first act of Parliament 1592, ratified in Parliament 1690, be duly considered. 16. The first commission that was granted, was by King James VI. anno 1580, as may be seen in an old MS. of the acts of Assemblies, and was nothing else but a missive letter under the King's own hand, the tenor whereof follows: "Trusty and well-beloved friends, we greet you well. We have directed towards you, our trusty friends the Prior of Pittenweem, and the Laird of Lundie, intrusted with our power for that effect, for assisting you with their presence and counsel in all things that they may, tending to the glory of God, and the preservation of us and our estate, desiring you heartily accept them, and our good will committed to them for the present in good part. Sua we recommend you to God's blessed protection. From our palace at Falkland, the 22d day of July, 1580. JAMES R." and 17. But now these commissions are more pompous solemn, passing in Latin under the great seal. Sometimes they have been complex, clothing the commissioners with somewhat of a viceroyship in the state, as well as Commissioner to the Assembly: thus it is said the Marquis of Hamilton, and Earl of Traquair, their com missions were in the years 1638 and 1639. The commissions granted since the revolution, you may see in the printed acts of Assemblies. Though these Com→ |