To the Right Reverend, the MODERATOR, AND REMANENT MEMBERS OF THE VENERABLE ASSEMBLY Of the Church of SCOTLAND, now Sitting at Edinburgh. THE HUMBLE REPRESENTATION OF WALTER Earl of TERRACE. and the other Heretors concerned, for Re-erecting the Kirk of Robertoun. IN the year 1647. The General Assembly of this Church did by their Act, Session 〈◊〉 Ordain. Presbyteries to use all Diligence for Remeeding the incommodious Situation of Parish Kirks: And in particular, they ordered a Recommendation, to be Directed to the then Earl of Buccleugh for Building a Kirk on Borthwick Water; (as appears by the Index of their unprinted Acts,) which being Essayed by the Presbytery of Jedburgh in the year 1649 was interrupted by the Invasion of the English, till the year 1658, at which time the Heretors of the Parishes of Hawick, Hassenden, Wiltoun and Selkirk, all lying upon, or near to Borthwick Water, made their Address to the Presbytery of Jedburgh, for getting the Kirk of Hassenden Transplanted from the East-end of the Parish where it stood, to Robertoun, which is about the middle thereof; and for Dismembering the remote Parts of the Parishes of Hawick, Hassenden, Wiltoun and Selkirk from their respective Kirks, and annexing them to this new Kirk of Robertoun; and that in regard, That on the heads of the Waters of Tiviot and Borthwick there were at least ten Miles Destitute of any Kirk; whereas beneath, where Tiviot and Borthwick meet, there are no fewer than six Kirks within the bounds of four Miles; of which the Kirk of Hassenden being one, and having the Kirks of Minto and Wiltoun on the one and other side; it than stood at the East-end of the Parish, which is at least twelve Miles of length in a straight line from Hassenden to Creak, the West-end of the Parish, upon the North-side of the said's Waters of Tiviot and Borthwick, and hath the whole Parish of Wiltoun, as it were, Interwoven with it by parcels, which being the Situation of the Parish of Hassenden; and there being also some remote parts of the Parishes of Hawick and Selkirk lying upon or near to the said Borthwick water, which will be distant from their said Kirks, or any Kirk whatsomever, six, eight, ten, or twelve Miles: The transplanting of Hassenden Kirk to Robertoun, and annexing the said's remote parts of Hassenden, Hawick, Wiltoun and Selkirk to this new Kirk of Robertoun, would make the remotest of them to be not above five Miles distant from the same, and five parts of six within two Miles of the said Kirk: And on the other hand, the East-end of the said Parish of Hassenden, from which the Kirk was to be removed, would be sufficiently accommodate by annexing it, partly to the Kirk of Minto, and partly to Wiltoun, lying on either hand thereof; and two parts of three of the said East-end would have the advantage in being annexed to Wiltoun, which is nearer to them then the Kirk of Hassenden; and the other third part would be no farther prejudged, then by riding or going half a Mile, or at most a Mile farther to the Kirk than they were wont: And likewise the aforesaids other three Kirks on the North-side of Tiviot-water would by this means be in the very Centre of their Parishes. Upon which considerations, the Conveniency and Equity of the aforesaid Transplantation was so apparent, that not only the Presbytery of Selkirk did thereto consent, but also all the Heretors in the said East-end of Hassenden Parish, by a Writ under their Hands, did unanimously concur in the foresaid Address, except John Turnball of Know-worth; who yet after a little opposition was convinced, and joined with the rest: Whereupon the Presbytery of Jedbrugh having with consent of all Parties perambulate the bounds, found a real necessity of the said Transplantation: And having past an Act thereupon, which was also Authorized by the Authority for the time: In pursuance thereof, the said Kirk of Robertoun was in the year 1659. Built and completed, and God's Worship set up and Exercised therein for several years thereafter. But in the year 1665, when Prelacy had overturned Presbytery, and was then in great vigour: The Archbishop of Glasgow for the time, taking Offence at some little slight he conceived to be put upon him by the deceased Sir Gideon Scot the Earl of Tarras' Father; did first by a peremptory Letter directed to the Presbytery of Jedburgh; and then upon the report of a pretended Visitation appointed by the Synod of Peebles, give order that the Kirk of Hassenden that had been Demolished should be Rebuilt, and the new Parish of Robertoun again Dismembered: And that without so much as either making the appointed Perambulation, or giving a fair Hearing to the Hereters and others concerned, as the Protestation and Instruments taken by the Laird of Borthwick Brae, in Name of the rest, does testify: And in this matter the Archbishop was so Partial and Unreasonable; that albeit he had said openly, that if Sir Gideon Scot would but write a Letter to him to forbear, he would do it: Yet his Passion so far prevailed upon Sir Gideon's nor writing, That he commanded the aforesaid Dissolution of the Parish of Robertoun, to the manifest Detriment of upwards of 900 Souls that lived within the bounds thereof, and could not else where be easily accommodate. And farther, he carried his Partiality to that height, that he procured a Decreet of the then Commission for Plantation of Kirks, Ratifying what he had done: But th' s Decreet being given in Absence, and manifestly by his procurement, in compearing personally in the Commission, and declaring what he had already done in that Affair; and withal the Decreet is charge able with several Nullities and Inconsistencies: And being at best but a Ratification, Quae nihil novi juris tribuit, and to be understood salvo jure, etc. Is not in this Case to be regarded. After this Dissolution and Desolation wrought by the Bishop which continued for several years. The Heretors and Parishioners did upon the granting of the late liberty in the year, 1687. Erect to themselves a meeting house near to the said Kirk, providing it with a Presbyterian Minister. And the Earl of Terrace, with the remanent Heretors and Parishioners, being desirous, upon the re-establishment of Presbytery, to have the said Parish and Kirk of Robertoun, which the Archbishop had ruined, again resettled; Did in September, 1689. Apply for direction and advice, to a meeting of Presbyterian Ministers at Drybrugh: But they tho' abundantly satisfied, that the former procedure in erecting of that Kirk, was orderly, could do nothing in the matter: In respect they were not at that time Authorized by Law. Whereupon the said Earl, and others did thereafter renew their application to the general meeting of Ministers at Edinburgh, who did in this, as in other cases, recommend and refer the matter to the next ensuing Synod of Merse, and Tiviotdail, to be by them examined, and reported to the next General Assembly. Upon this Reference, The Synod being met at Kelso, in July last, did appoint a Commity to consider this whole Affair, and to revise the several Papers thereto relating, and to report their diligence with their opinion and advice thereanet. The which Commity being met and having seen all Papers relating either to transplantation or overturning of the said Kirk, and having heard all parties concerned; they upon a full examination of the whole matter. And after having set down exactly what they had found therein, which agrees in every point to the narrative above expressed, did return their report and advice; First, That the erecting of the said Kirk of Robertoun, was most necessary for Accommodating a large tract of ground, which they recommend to the Synod to cause perambulate. 2dly. That the aforesaid arbitrary order given by the Archbishop, aught to be simpliciter condemned, And Thirdly, That tho' they think the Synod can give no Judgement, either as to the continuance or demolition of the aforesaid Kirk of Hassenden, until the said decreet of Ratification given by the Commission for plantation of Kirks, be taken out of the way; yet they also find that the aforesaid Decreet was given for not Compearance, and that the reason why there was no Compearance, was because that none at that time durst oppose the actings of the Archbishop; neither were Presbyterians fond of new Erections, nor that Kirks should be multiplied: as the said report more fully bears. Which report being made to the Synod, they unanimously approved the same; condemning the abovementioned injunction given by the Archbishop of Glasgow, and recommended it to several Gentlemen and Ministers by them named, to perambulate the whole bounds above controverted, and report to the Synod, as the Synod's Act dated the 24. of July, 1690 More fully testifies. Like as the Perambulators appointed by the Synod, having met at the Kirk of Hassenden, upon the 13. of August last, and then perambulated the whole Bounds: They Judged it most convenient for the benefit of the People, lying at so vast a distance from any Kirk; That Robertoun, be again Erected in a Parish, and duly planted, and that albeit there may be about eight Hundred Souls lying nearest to the Kirk of Hassenden. yet the remotest of them, are not above two miles distant from the Kirk of Wiltoun on the one side, and a mile and an half from the Kirk of Minto on the other: As the report of their Perambulation, subscribed with their hands, bear's. Which report being made to the Synod, again met at Kelso, upon the 23, of September last, they upon a Petition given in by the Parishioners of Robertoun give this Answer; that the report of the whole affair concerning the Parishes of Hassenden, and Robertoun; be given in to the next ensuing Assembly, unto which they refer the same: As the extract of their Act bears. Whereupon this venerable Assembly being now met, the said Earl of Terrace, with the remanent Heretors and Parishioners of the said Kirk of Robertoun; do in all Humility, lay the whole matter thereto relating, before the Assembly; to be by them duly considered and determined upon, earnestly entreating and obtesting the reverend Members thereof, That they would give their Judgement, and take such course therein as may best contribute to the re-erecting of the said Kirk and Parish of Robertoun, for the better accommodating of the People, living at so vast a distance, as hath been above represented, from any Kirk whatsomever; seeing that the same doth so manifestly conduce to the advancement of the Glory of God, in the propagation of the Gospel, and the good and edification of the Hundreds of Souls therein concerned. And that by the narative above mentioned, It is also manifest that any opposition that hath been or can be made to so good a Work, doth only flow from the selfish disposition of such unreasonable Men, as wilfully refuse to cede the smallest bit of their own ease, either for the more necessary accommodation of their Neighbours, or the more visible advantage of the Gospel, which ought certainly to preponderate in all such cases. The granting of which just desire, is the more earnestly expected, in regard that all craved, is only the reviving and restoring of what was formerly so well settled by the Judicatories of the Church, before the late Interruption; and the passing such a Judgement upon the whole matter, as is suitable to its Ecclesiastic Authority; specially seeing that there neither is at present, nor can be any Minister regularly fixed in either of these Kirks, and for all the vast bounds of that Parish, until the questioned be determined.