Skip to main content

Full text of "Collections and observations concerning the worship, discipline, and government of the Church of Scotland : In four books"

See other formats 


IS 


1   •     • 


vN\  \     -. 


f "~     I 


SCS 


J 


^     I  w^^w 


v^rz^^^^^^ 


3-  / 


<>£%  &mG 


COLLECTIONS 

AND 

OBSERVATIONS 


Concerning   the   Worfhip,    Difcipline,    and    Govern 
ment  of  the  Church  of  Scotland. 


In  Four   BOOKS. 
By  WALTER    STEUART   of   Fakdovak. 

Unto  which  are  added, 

The  Form  of  Procefs  in  the  Judicatures  of  the  Church, 
with  Relation  to  Scandals  and  Ceniures  ; 

AND 

The  Second  Book  of  Difcipline  ;  or,  Heads  and  Conclufions  of  the 
Policy  of  the  Kirk,  approved  of  by  Ad  of  Affembly  1581  : 

A      NEW      EDITION. 


EDINBURGH: 

Yi  inted  for  J .  Dickson  and  C.Elliot. 


M,DCC,LXX11I. 


PREFACE. 


IT  was  the  happinefs  of  Scotland,  very  early  5  perhaps  as  early 
as  the  apoilolic  age,  to  receive  the  light  of  the  glorious  co- 
fpel :  and  although,  as  was  the  cafe  with  the  reft  cf  the  Cbriilian 
world,  this  light  came  to  be  greatly  obfeured,  by  the  ambitious 
incroachments  of  the  church  of  Rome  :  yet  it  is  evident,  that  in 
Scotland  it  was  never  entirely  extiriguiihed.  for,  in  lbme  of  the 
remoter  parts  of  our  country,  in  fome  of  thofe  very  iilands  which 
we  are  now  apt  to  confider  as  the  feats  of  ignorance  and  barbarity, 
lived  a  people,  remarkable  for  fnnplicity  of  manners,  purity  cf 
behaviour,  and  unaffected  piety  towards  God*  Thefe  never  iub- 
mitted  to  the  usurpations  of  the  Papal  tyranny  ;  and  thefe  were 
"  the  little  leaven  which  afterwards  leavened  the  whole  lump." 
Of  their  number,  a  Columbus  and  a  Kentigern  were  famous  in  the 
fifth  century,  and  a  Clemens  and  Sampfon,  in  the  feventh. 

And  even  in  the  tenth  age,  when  the  darknefs  of  corruption 
and  error  had  greatly  increafed,  we  are  told,  there  were  fome 
godly  men  in  Scotland,  who  taught  the  true  doctrine  of  ChriiVs 
atonement,  and  continued  to  exerciie  their  functions  apart  by  them- 
felves,  without  acknowledging  the  authority  of  thofe  who  alTumed 
a  fpiritual  power  over  God's  heritage.  But  it  was  not  till  about 
400  years  after  this,  that  any  thing  of  a  general  reformation  began 
to  appear.  Then  cc  indeed  waters  broke  forth  in  our  wildernefs, 
"  and  itreams  in  our  defert."  Nor  was  all  the  cruelty  of  bi- 
gotted  zeal  able  to  deflroy  this  heavenly  plant ;  but,  watered  by 
the  blood  of  a  Reiby,  a  Hamilton,  and  a  Wiihart,  ic  grew  ihong- 
er  and  llronger,  till  thoufands  flocked  to  its  refreiliing  iliade,  and 
took  melter  under  its  branches. 

To  fupport  and  animate  thefe,  and  carry  on  the  glorious  work  fo 
happily  begun,  providence  railed  up  a  man  of  apoilolic  piety  and 
refolution,  whofe  zeal  awakened  the  attention,  and  whofe  pru- 
dence conducted  the  zeal  of  his  countrymen,  in  making  off  the 
Romiih  yoke.  Every  one  will  immediately  perceive,  that  I  fjpeak 
of  the  famous  John  Knox,  that  great  iililrumcnt  of  our  reformation, 
whofe  name  will  be  precious  to  lateft  ages. 

The  civil  diflenfioiis  which  then  prevailed  in  the  country,  did 
not  a  little  befriend  the  reformation.  And  the  bold  attempt  cf 
the  Popilh  clergy  to  get  the  whole  power  into  their  own  hands,  en 
the  death  of  James  V.  opened  the  eyes  of  many  who  till  then  had 

a  remained 


iv  PREFACE. 

remained  infenfible  ;  while  the  hope  of  enriching  themfelves  with 
the  revenues  of  the  church,  made  others  ready  to  join  in  abolifh- 
ing  Popery.  And  thus,  from  different  principles,  a  barrier  was 
formed  in  defence  of  the  reformation,  which  all  the  fraud  and 
cruelty  of  the  Queen-Regent,  or  theaddrefs  and  deitructive  charms 
of  her  unfortunate  daughter,  were  never  able  to  overturn.  Nay, 
thole  very  meafures  which  they  took  for  crulliing  the  Proteflant 
intereif,  by  the  tender  mercies  of  our  God,  proved  the  means  of 
cllablifhing  it,  and  flattened  the  overthrow  of  the  Papal  power  in 
this  country.  So  that,  in  1560,  the  eflential  doctrines  of  genuine 
Chriitianity  were  publicly  acknowledged  by  the  ilates  of  the  king- 
dom, and  the  corruptions  of  the  church  of  Rome  condemned. 

Hitherto  the  ftruggle  principally  had  been  about  the  doctrines 
of  religion,  as  of  the  firft  and  greateft  importance  ;  but  thefe  be- 
ing now  in  fome  meaiiire  fecured,  our  reformers  turned  their  at- 
tention to  the  government  of  the  church,  which,  under  the  Pa- 
pacy, had  become  a  fyilem  of  worldly  power  and  intereft,  and, 
inftead  of  promoting  religion,  tended  to  excite  and  ftrengthen  fome 
of  the  wcrif  paffions  in  the  human  mind. 

A  plan  for  the  worfhip  and  government  of  the  church  was  ac- 
cordingly drawn  up,  not  merely  in  conformity  to  the  church  at 
Geneva,  as  one  of  our  modern  hiitorians  afferted  ;  but  fuch  a  plan 
as  to  our  pious  anceftors  appeared  moil  agreeable  to  the  mind  of 
God  in  fcripture,  and  the  practice  of  the  primitive  church. 

It  is  true,  this  plan  was  widely  different  from  that  of  the  church 
of  Rome.  In  it  there  was  nothing  to  gratify  ambition  or  avarice  ; 
but  an  amiable,  a  grand  fimplicity  runs  through  the  whole  ;  fuch  as 
fuited  the  worlhip  of  the  humble  Jems,  and  the  nature  of  that  king- 
dom which  is  not  of  this  world . 

But  although  our  reformers  thus  freely  gave  up  With  all  in  the 
Romiih  church  which  could  pleafe  a  fenfual  mind,  it  was  no  part  of 
their  opinion,  that  the  wcrfhip  of  God  mould  be  mean  and  gro- 
velling, or  the  miniilers  of  religion  be  rendered  incapable  of  dii- 
charging  the  duties  of  their  functions,  by  poverty,  or  depend  upon 
the  changeable  humours  of  people  for  their  fubfntence.  Though 
they  gave  up  with  all  views  of  living  in  affluence  upon  the  revenues 
of  the  church,  and  did  not  look  upon  thefe  as  the  property  of  the 
clergy  ;  yet  did  they  eitecm  them  a  fund  ficred  to  religious  pur- 
pofes,  to  be  employed  in  fupporting  the  clergy  with  decency,  main- 
taining the  poor,  and  educating  the  youth  of  the  nation. 

So  that  Knox,  and  the  other  leading  inft ruments  of  the  reforma- 
tion, were  very  far  from  encouraging  that  dilapidation  of  church- 
revenues 


PREFACE.  v 

revenues  which  afterwards  took  place.  Nor  were  they  the  perfons, 
whatever  has  been  alledged,  who  were  for  demoliihing  the  very 
fabrics  of  the  churches,  and  all  that  was  decent  and  cleanly  in  the 
places  of  public  worlhip .  No ;  the  full  was  often  done  in  direct 
oppofition  to  their  warmefl  remonitrances,  by  the  lower  clafs  of 
people,  who  had  long  groaned  under  the  oppreffive  tyranny  of 
the  monks  and  Popiih  clergy;  while  thofe  of  higher  rank,  who 
had  the  revenues  of  the  church  in  their  hand,  could  fcarce  be  pre- 
vailed upon  to  employ  them  in  a  way  which  would  prevent  the 
other. 

But  although  this  form  of  worfhip  and  government  was  embra- 
ced by  the  friends  of  the  reformation  in  Scotland,  and  practifedby 
them,  lb  far  as  their  fi  tuation  would  allow  ;  yet  it  was  not  till  the 
year  1592,  that  it  received  the  fan&ion  of  civil  authority,  and  be- 
came the  national  order.  And  even  when  the  Prelbyterian  church 
feemed  thus  eftabliihed,  her  tranquillity  was  but  of  ihort  duration  : 
for  there  remained  in  the  country  a  ftrong  party,  who,  either  re- 
taining a  fecret  regard  to  Popery,  or  thinking  it  prudent  to  recede 
as  little  as  poilible  from  the  old  practice,  were  for  adopting  that 
form  of  church-government  which  had  been  eitabliihed  in  Eng- 
land. The  people  of  this  perfuafion  continued  with  great  keenneis 
to  oppofe  Prelbytery  :  and  though  they  could  not,  for  fome  time, 
procure  an  abfolute  repeal  of  the  laws  in  its  favour  ;  yet,  by  repeat- 
ed innovations,  they  gradually  deitroyed  their  effect,  till  at  lall 
they  got  a  kind  of  mixed  Epiicopacy  fubitituted  in  its  place,  which 
continued  to  be  the  form  of  the  church  in  this  country  till  the 
breaking  out  of  the  civil  wars. 

The  true  Prefbyterians,  Hill  very  numerous  in  Scotland,  having 
now  appeared  with  their  ufual  zeal  in  fupport  of  civil  liberty,  were 
well  intitled  to  the  countenance  of  the  parliament ;  whereas  the 
friends  of  the  hierarchy,  both  in  Scotland  and  England,  had  ren- 
dered themfelves  and  their  opinions  obnoxious,  by  fupporting  the 
crown  in  thofe  arbitrary  and  unconstitutional  meaiures  which  firfj: 
inflamed  the  nation .  This  occaiicned  the  calling  together  that  af- 
fembly  of  divines,  which,  about  the  164 8,  met  at  Weitminiter : 
An  aifembly  which,  whether  we  conflder  the  number,  learning, 
or  piety,  of  theperfonswhocompofed.it,  may  well  be  compared 
with  the  ancient  councils.  This  venerable  body,  after  a  long  and 
candid  examination,  agreed  to  the  fcheme  of 'doctrines,  and  the 
form  of  worfhip  and  government,  contained  in  their  confellion  of 
faith  and  directory,  which  is,  in  Jubilance,  the  fame  with  what 
had  been  eitabliihed  in  the  beginning  of  the  reformation.      This 

confellion 


vi  PREFACE. 

confeflion  and  directory  was  feon  after  received  by  the  church  of 
Scotland ;  which  had  now  recovered  fomething  of  its  former  powet, 
and  continued,  if  not  to  fiourifh,  at  lealt  to  exifl,  till  the  Exec- 
ration; when  the  King,  forgetting  all  the  promifes  made  during 
his  afflictions,  and  the  fei  vices  done  him  by  the  Scots  Prelbyterians, 
abolifhed  their  government,  and  permitted  a  molt  cruel  perfecution 
to  be  carried  on  againit  them  ;  becaufe  they  would  not  abjure  ail 
their  known  principles,  conform  to  the  Epifcopal  government, 
and  acknowledge  him  head  of  the  church.  This  perfecution  in 
Scotland  continued  during  the  whole  reign  of  Charles  II.  and  King 
James  his  brother,  whofe  open  attachment  to  Popery,  and  purfuit 
of  arbitrary  meaiures,  at  lalt  awakened  the  zeal  of  the  nation,  and 
produced  that  ever-memorable  revolution  in  1688,  which,  as  Vol- 
taire elegantly  expreffes  it,  may  well  be  called  the  uEra  of  Britijh 
liberty.  The  happy  confequences  of  this  change  the  Prefbyterians 
in  Scotland  immediately  felt,  not  only  in  refpect  of  civil  property, 
but  alfo  in  the  full  eltablifhment  of  that  worfhip  and  government 
in  the  church,  to  which  they  had  difcovered  a  molt  lteady  attach- 
ment during  a  cruel  perfecution  of  eight  and  twenty  years. 

Let  me  now  adduce  a  few  tcltimonies  for  the  church  of  Scot- 
land, which  may  be  found  in  a  little  book,  intitled,  The  Govern- 
ment and  Order  of  the  Church  of  Scotland,  printed  at  Edinburgh 
in  anno  1641,  and  reprinted  there  by  the  focicty  of  ltationers, 
for  George  MofTman  in  anno  1690.  I  wifh  every  miniiter  in 
Scotland  had  one  of  them.  It  was  done  by  the  pains  of  a  ge- 
nerous Engliih  gentleman,  who  was  very  inquifitive  into  the  or- 
der and  conltitution  of  our  Church,  who  tells  he  was  ltrongly 
drawn  to  the  liking  of  this  church,  by  the  teftimonics  given  to  the 
reformation  thereof  by  fomemoit  famous  witneffes  which  he  relates. 

The  Jfrfi  is,  of  that  worthy  Scots  martyr  Mr  George  Wimart. 
*  This  realm  fhall  be  illuminated  with  the  light  of  ChriiVs  gofpel, 
"  as  clearly  as  ever  was  a  realm  fince  the  days  of  the  apoitles. 
"  The  houfe  of  God  fhall  be  builded  in  it,  yea  it  fhall  not  lack, 
"  whatfoever  the  enemy  imagine  to  the  contrary  ;  the  very  top- 
"  ftone,  the  glory  of  God  fhall  evidently  appear,  and  fhall  once 
"  triumph  in  defpite  of  Satan  :  But  alas,  if  the  people  fhall  be  af- 
"  ter  unthankful,  then  fearful  and  terrible  fhall  the  plagues  be 
"  that  after  fhall  follow."  Hi  ft.  of  the  Church  of  Scotland,  p.  108. 

The  fecond  is,  of  Beza,  after  he  had  vifited  Scotland,  writing 
to  John  Knox,  cpift.  79-  "  This  is  a  great  gift  of  God,  that  you 
"  have  brought  into  Scotland  together,  pure  religion  2nd  good  or- 

"  der 


PREFACE.  Vii 

dcr,  which  is  the  bond  to  hold  fait  the  doctrine.  I  heartily 
pray  and  befeech  for  God's  fake,  hold  fall  thefe  two  together, 
lb  that  you  may  remember  that  if  one  be  loft,  the  other  cannot 
long  remain.  As  biihops  brought  forth  Popeiy,  fo  falfe  bifhops, 
the  relicts  of  Popeiy,  lhall  bring  in  to  the  world  Epicurifm. 
Whofocver  would  have  the  church  fefe,  let  them  beware  of  this 
pelt.  And  feeing  you  have  timely  difpatched  it  in  Scotland,  I 
befeech  you  never  admit  it  again,  albeit  it  flatter  with  fhew  of 
the  prefervation  cf  unity,  which  hath  deceived  many  of  the 
bell  of  the  ancients.  g 

The  third  is,  of  the  body  of  the  confellion  of  faith,  p.  6.  "It 
is  the  rare  privilege  of  the  Church  of  Scotland  before  many,  in 
which  refpect  her  name  is  famous,  even  among  ftrangers,  that 
about  the  fpace  of  fifty-four  years,  without  ferritin,  let  be  herefy, 
me  hath  kept  and  holden  fait  unity,  with  purity  of  doctrine. 
The  greateit  help  of  this  unity  through  the  mercy  of  God,  was, 
that  with  the  doctrine,  the  difcipline  of  Chrilt  and  the  apoitles, 
as  it  is  prefcribed  in  the  word  of  God,  was  by  little  and  little 
together  received  ;  and  according  to  that  difcipline  fo  near  as 
might  be,  the  whole  government  of  the  church  is  difpofed  :  By 
this  means  all  the  feeds  of  fchifms  and  errors,  fo  foon  as  they  be- 
gin  to  bud,  and  lhew  themfelves  in  the  very  breeding  and  birth, 
were  fniothei'ed  and  rooted  out.  The  Lord  God  out  of  his  in- 
fiake  goodnefs  grant  unto  the  king's  molt  gracious  Majefty, 
to  all  the  rulers  of  the  church,  to  the  powers  that  are  the  nur- 
fers  of  the  church,  that  according  to  the  word  of  God,  they 
may  keep  perpetually  that  unity  and  purity  of  doctrine." 
The  fourth  is,  of  King  James  VI.  {BajiL  Dor \  to  the  reader .) 
The  religion  profe.Ted  in  this  country,  wherein  I  was  brought 
up,  and  ever  made  profeffion  of,  and  willies  my  fon  ever  to  con- 
tinue in  the  fame,  as  the  only  true  form  of  God's  worihip,  &c, 
I  do  equally  love  and  honour  the  learned  and  grave  men  of  ei^ 
ther  of  thefe  opinions,  that  like  better  of  the  lingle  form  of  po* 
licy  in  our  church,  than  of  the  many  ceremonies  of  the  church 
of  England,  &c.  I  exhort  my  fon  to  be  beneficial  to  the  good 
men  of  the  miniltry,  prailing  God  that  there  is  prefently  a  fuf- 
ficient  number  of  good  men  of  them  in  this  kingdom,  and  yet 
are  they  all  known  to  be  againit  the  form  of  theEnglifh  Church." 

And  in  the  afTembly  iyoo,  his  Majefty  praifed  God,  u  for  that  he 
was  born  to  be  a  king  in  the  imcereit  church  in  the  world,  where 
religion  was  moil  foundry  andfmcerely  prcfeiled."     Before  his 

Majefty  went  to  England,  it  has  been  oft  heard  what  was  his  ver- 
dict 


viii  P      R      E      F      A      C      E. 

diet  of  the  Englilh  fervice.  As  alfo  when  he  was  fettled  in 
England,  what  was  his  anfwer  to  the  Bifhop  of  Bath,  when  he  in- 
quired how  it  came  to  pafs,  that  there  were  not  errors  and  here- 
iies  in  the  church  of  Scotland  wherewith  their  church  was  plagued  ? 
He  laid,  "  The  order  and  government  of  that  church,  was  fuch 
"  as  guarded  againft  all  thcfe  ;  for  fo  foon  as  any  error  appear- 
"  ed,  the  kirk-feilion  took  notice  of  it  ;  if  it  was  too  hard  for 
cc  them,  it  came  to  the  prefbytery,  and  from  that  to  the  fynod, 
"  and  at  lait  to  the  general  alfembly,  and  nothing  could  efcape 
"  then*." 

The  fifth  is,  Brightman,  our  own  countiyman,  joineth  the 
churches  of  Helvetia,  Swevia,  Geneva,  France,  Holland,  and 
Scotland,  all  together  into  one  church,  for  the  counter-pain  of 
the  church  of  Philadelphia.  "  Becaufe"  faith  he,  "  they  al- 
<c  moil  live  by  one  and  the  fame  laws  and  manner  of  government, 
"  as  touching  any  matter  of  moment ;  neither  doth  the  diftance 
cc  of  place  break  oif  that  fociety,  which  the  conjoining  of  mind 
"  and  good- will  couplcth  together. "  Having  thus  joined  them  in- 
to one  church ,  be  fubjoineth  concerning  it  :  "  Loath  would  I  be 
cc  to  provoke  any  man  to  envy,  or  to  grieve  him  with  my  words ; 
"  yet  this  I  mull  fay,  there  is  no  place  where  the  doctrine  found- 
cc  eth  more  purely,  the  worihip  of  God  is  exercifed  more  uncor- 
"  ruptly,  where  more  faithful  diligence  of  the  paflors  doth  flou- 
u  rifli,  or  more  free  and  willing  obedience  is  given  by  the  people, 
"  nor  yet  where  there  is  greater  reverencing  of  the  whole  religion 
"  among  all  orders/'  And  afterwards  faith,  "  Neither  doth  it 
€i  only  keep  the  doctrine  of  falvation  free  from  corruption :  but  it 
"  doth  alfo  both  deliver  in  writing,  and  the  exercife  in  practice 
"  that  fincere  manner  of  government,  whereby  men  are  made 
"  partakers  of  falvation/'  This  in  his  Commentary  on  the  Re~ 
velation,  iii.    7 . 

To  thefe  may  be  added,  what  upon  the  one  hand  is  faid  by  thefe 
of  the  feparation  in  their  firft  petition  to  King  James,  infert  in 
their  apology  to  the  doctors  of  Oxford.  "  We  are  willing  and 
c '  ready  to  fubfcribe  to  thefe  grounds  of  religion  publifhed  in  the 
cc  confeilion  of  faith,  made  by  the  church  of  Scotland,  hoping  in 
"  the  unity  of  the  fame  faith  to  be  faved  by  Jefus  Chrift,  being  alfo 
"  like  minded  for,  and  with  other  reformed  churches  in  points  of 
c '  greateil  moment . ' ' 

And  upon  the  other  hand,  that  the  meeting  of  minifters  for  in- 
terpreting fcripture,  like  unto  their  prefbyteries,  were  allowed  by 
Arundel,  Hutton,  and  Matthew,  three  archbiihops  in  England, 

and 


PREFACE.  is 

and  proved  very  profitable  in  the  northern  parts  for  iiicrcafe  of 
knowledge  both  in  miniiters  and  people  . 

But  all  thefe,  faith  that  gentleman,  and  the  like  teftimonics,  were 
to  me  but  like  the  living  of  the  woman  of  Samaria  to  her  country- 
men, till  I  did  more  fully  underltand  the  conltitution  and  order  of 
that  church;  then  did  1  believe,  not  becaufe  of  their  teitimonies, 
bat  becaufe  I  did  fee  and  know,  and  from  that  which  I  have  (een 
an3  do  now  know.  "  When  I  have  walked  aild  gone  round 
tc  about  that  church,  when  I  have  told  the  towers  thereof,  mark* 
u  ed  well  her  bulwarks,  and  confidcred  her  palaces/'  I  may 
without  offence  affirm  three  things. 

i.  "  That  God  hath  not  dealt  fo  with  every  nation. "  If  envy 
would  permit,  I  might  lay,  any  nation,  as  he  hath  dealt  with  them, 
whereof  no  caufe  cm  be  given  but  his  own  good  pleafure.  He 
fheweth  mercy  and  maketh  the  fun  to  fliine  on  whom  and  where 
he  will,  and  of  him,  and  through  him,  and  for  him,  ere  all  things. 

2 .  It  is  no  wonder  though  that  nation  Hand  to  the  defence  of 
their  reformation  :  Had  the  Lord  been  pleafed  to  bleis  us  with  the 
like  at  the  time  of  our  reformation,  we  would  not  have  been 
fo  imwife  as  to  make  exchange  of  it  with  Prelacy  ;  we  would  have 
forfvken  all  things  rather  than  to  have  forfaken  it.  It  is  more  if  range 
that  any  mould  have  been  found  amongft  them  at  any  time,  to  fpeak 
or  do  againit  their  own  church.  For,  faith  Cicero,  offic.  I.  i. 
u  But  after  you  have  with  your  reafon  and  mind,  made  a  general 
"  furvey  of  all  focieties,  there  is  none  more  grave,  more  dear  than 
c  c  that  which  each  one  of  us  hath  with  this  country  ;  parents  are 
ct  dear,  children,  friends,  familiars,  are  dear  :  But  our  native 
c  c  country  alone  taketh  all  thefe  within  their  cempafs  :  for  which 
u  what  good  man  will  doubt  to  die,  could  his  death  ferve  her 
ct  for  good.  So  much  the  more  deteitable  is  their  barbarity,  who 
"  hath  with  all  kind  of  wickednefs  rent  afunder  their  native 
"  country,  and  both  are  and  have  been  exercifed  in  overturn- 
u  ing  her  from  the  very  foundation."  If  a  patriot  fpeak 
fo  of  his  country,  a  citizen  fo  of  his  republic,  what  mould  the 
Chriitian,  born,  baptifed,  and  bred  in  Scotland,  think  and  fay,  if 
he  has  been  born  there,  not  only  to  this  mortal,  but  to  that  im- 
mortal and  everhfling  life.  No  children  on  earth  have  better  rea- 
fon to  fay,  JVe  are  not  aflame d  of  our  mother,  and  it  were  to  be 
wilhed  that  the  faying  were  reciprocally  true . 

3 .  Having  the  pattern  of  all  the  reformed  churches  before  us, 
and  this  example  fo  near  unto  us,  what  need  we  to  Hand  amazed, 

not  knowing  what  to  chufer  To  abide  that  which  we  have 

b  been 


x  PREFACE. 

been,  is  neither  profitable  norpoflible  ;  to  conjoin  the  two  in  one,  is 
but  the  mixture  of  iron  and  clay,  and  muil  needs  make  the  diilem- 
per  greater.  It  were  well  for  us,  and  no  other  thing  well  for  us 
can  I  fee,  that  laying  afide  our  high  conceit  of  ourfelves,  and  the 
Jow  eiteem  of  other  reformed  churches,  we  would  refolve  to  fol- 
low them  as  they  follow  Chrift,  and  not  to  defpife  the  government 
of  Chi  ill,  becauie  they  feem  to  be  but  mole-hills ;  but  to  conform 
to  them  becauie  they  are  conformed  to  Chrill,  and  to  the  pattern 
fie  wed  In  the  mount* 

Such  is  the  high  eftcem  in  which  our  excellent  ecclcfiaftic  con- 
iHtution  has  been  held  by  the  moil  eminent  perfons  of  different 
ranks,  both  at  home  and  abroad  :  And  as  the  following  collections 
(wherein  the  fulled  view  of  its  tendency  to  promote  the  great  ends 
of  religion  in  the  fpiritual  and  eternal  welfare  of  thofe  who  fhall 
embrace  it,  is  exhibited,  that  ever  has  been  publiihed,)  are  now 
become  fo  fcarce,  that  a  copy  of  them  has  been  with  difficulty  pro- 
cured for  many  years,  the  publiiher  judged  a  new  edition  of  them 
would  be  no  unacceptable  fervice  to  the  public. 


PRE 


PREFACE 

To  PArdovan's    Collections. 

IT  was  matter  of  regret,  efpecially  about  the  beginning  of  our 
happy  Revolution  in  the  year  1689,  that  the  judicatures  of  this 
church,  very  much  wanted  fixed  and  eflablifhed  rules,  for  direct- 
ing their  proceedings  ;  or,  though  they  had  them,  yet  they  lay  fo 
fcattered  and  hid,  that  intrants  to  the  holy  miniitry,  and  the  young- 
er pallors,  yea  even  fome  among  the  more  aged  of  that  facred  or- 
der, were  too  much  Grangers  to  them.  The  confidcration  where- 
of, did  chiefly  move  me  to  fet  about  this  work :  And  if  my  endea- 
vours herein,  may  but  a  little  contribute  to  the  benefit  or  fervice 
of  the  office-bearers  and  guides  of  this  church,  it  is  a  reward  greater 
than  I  deferve.  And.  till  a  better  cempend  be  compoied,  theie 
collections  are  humbly  offered,  to  be  recommended  by  profeflors 
to  their  itudents  :  For,  except  this  fubject  be  iludied  and  under- 
stood by  minifters  and  elders,  their  memories  may  well  be  burden- 
ed with  their  duty,  but  their  judgements,  till  then,  fhall  Hill  re- 
main ignorant  and  unfatisfied  about  it . 

Now,  as  for  thofe  of  our  neighbour  churches  in  this  and  the 
other  ifland,  who  now  differ  from  us,  I  hereby  prefent  them  with 
that  form  of  the  houfe  of  God  in  Scotland,  with  which  their 
pious,  wife,  and  learned  predecefTors  did  once  fo  paflionately  de- 
fire  uniformity.  So  that  whenever  it  fhall  pleafe  our  great  and  good 
God  to  animate  their  fuccelfors  with  the  like  fpirit,  they  may  fall 
about  building  conform  to  this  pattern.  Not  that  I  propofe  this 
work  as  the  deed  of  the  Church  of  Scotland,  or  of  any  judicatory 
therein  ;  only  in  fo  far  as  what  is  collected  or  obferved  in  it,  fhall 
be  found  fupported  by  their  acts  or  univerfal  cuitoms. 

The  materials  of  thefe  collections,  and  in  particular,  of  what  is 
faid  on  that  title  concerning  parochial  visitations  by  prefbyteries, 
were  chiefly  gathered  from,  and  lay  fcattered  among  the  old  and 
late  manufcript  and  printed  acts  of  general  aflemblies  :  The  over- 
tures concerning  discipline,  tranfmitted  by  them  to  prefbyteries, 
the  directory  for  worihip  and  church-government,  and  the  conlti- 
tutions  of  fome  other  churches  have  been  helpful  to  the  complet- 
ing of  the  compofure.  Befides,  I  thought  it  not  improper  to  add, 
here  and  there,  fome  hints  of  civil  laws,  which  I  hope  the  reader 
will  not  find  unufeful  or  impertinent,  feeing  there  are  fome  cir- 

b  2  cumliances 


Xll 


P      R      E      F 


cumflances  concerning  the  worlhip  of  God,  and  the  government 
of  his  church,  common  to  human  aclions  and  focieties,  which  are  to 
be  ordered  by  the  light  of  nature  and  Chriftian  prudence,  accord- 
ing to  the  general  rules  of  the  word . 

I  have  divided  thefe  collections  into  four  books.  Thtfirjl  treats 
of  church-government,  which  principally  concerns  her  office-bear- 
ers and  judicatures,  Thtficond  is  concerning  the  worfhip  of  God 
and  facred  things,  with  what  relates  to  the  maintenance  thereof. 
The  third  and  fourth  books  treat  of  church-difcipline  ;  the  one  con- 
cerning errors  and  fcandals  ;  and  the  other  about  the  method  of 
reclaiming  and  cenfurjng  the  erroneous  and  fcandalous. 


CON- 


CONTENT      S* 


Pardovan's     Collections. 

BOOK  I. 

Tit.  Page. 

I .  Of  the  election  and  ordination  of  paftors  i 

II.  Of  tranfportation  and  admiflion  of  minifters  14 
HI.  Of  ach  of  tranfportability,  of  dimifTions,  and  millions,  and 

colleague  minifters  20 

IV.  Of  expectants,  as  alfo  of  (Indents  and  burfars  23 

V.  Of  fchoolmafters  and  inftrudlors  of  youth  30 

VI.  Of  do&ors  and  profeflbrs  of  theology  3  2 

VII.  Of  ruling  elders  34 

VIII.  of  deacons  36 

IX.  Of  moderators  of  church-judicatures  38 

X.  Of  clerks,  readers,  and  precentors  39 
XL  Of  church -feflions  4* 

XII.  Of  prefbyteries  44 

XIII.  Of  parochial  vifitations  by  the  prefbytery  47 

XIV.  Of  provincial  fynods  54 

XV.  Of  extraordinary  fynods,  and  general  ademblies  56 

XVI.  The  order  of  the  rolls  of  church-judicatures,  and  rank- 

ing of  church  office-bearers,  and  of  her  regiiters  74 

XVII.  Of  vifitations  of  fchools  and  univerfities.  77 

XVIII.  Of  a  general  council  of  proteftants  bo 

BOOK  IL 

1 1.  Of  lecturing,   preaching,    catechifing,   public    prayers  be- 
fore and  after  fermon,  finging  of  pfalms,  and  minifterial 

benediction  8  2 

II.  Of  family-worfhip  87 

HI.  Of  baptifrn  90 

IV.  Of  ;he  Lord's  fupper  97 


xiv  CONTENTS. 

Tit.  Pave. 

V.  Of  the  folemnization  of  marriage  107 

VI.  Of  vifitation  of  the  fick  ,,£ 
VIL  Of  burial  of  the  dead,  lyke-  wakes,  and  dirges  1 1 7 

VIII.  Of  minifterial  vifkation  of  families  1 1 8 

IX.  Of  falsification  of  the  Lord's  day  ;   and  obferving  fait 

and  thankfgiving  days  1 % 1 

X.  Of  collections  and  recommendations  for  the  poor  126 

XI.  Of  provifion  for  fchools  and  univerfities  ib< 
XII-  Of  the  immunity  and  union  of  churches  128 

XIII.  Of   churches,    church-dikes,    manfes,     yards,     glebes, 

bells,  utenfils,  ornaments,    books,  and  high  roads  to 

churches  jqo 

XIV.  Of  tithes,  ftipends,   and  mortifications  134 


BOOK  III. 

I.  Of  apoftacy,  and  atheiftical  opinions  of  deifts  142 

II.  Of  papifts,  quakers  and  Bourignionifts  143 

III.  Of  fchifm,   and  pi  dacy,  and  of  the  laws  and  acts  for  pre- 

venting innovations  and  errors  1 50 

IV.  Of  witches  and  charmers  j  5  8 

V.  Of  blafphemy,  curfing,  profane  fwearing,  and  lottery  163 

VI.  Of  the  profanation  of  the  fabbath.     Of  not  obferving  faft 

and  thankfgiving   days.     Of   withdrawers   from,   and 
difturbers  of  the  public  worfhip  of  God,   and  obfervers 
of  fuperftitious  days,  1 65, 
VIL  Of  flandering  and  aflaulting  of  minifters,  beating  and  cur- 
fing of  parents,  and  injuries  perfonal  and  real  169 

VIII.  Of  bribery,    partiality,  and  negligence  of  judges  lyi 

IX.  Of  deforcement  of  church- officers  173 

X.  Of  murder,  parricide,  duels,  and  felf-murder  J74 
XL  Of  incefl:,  adultery,   bigamy,  rapes,  fornication,   ct  de  venere 

monflrofi.  180 

XII.  Of  penny  bridals,  promifcuous  dancing,    fiage-plays,  im- 

modefty  of  apparel,  drunkennefs,  tippling,  and  acts  in 

general  againft  profanenefs.  1 85 

XIII.  Of  theft,  facrilege,  ufury,  falfehood,  beggars  and  vaga- 

bonds 1 9 1 

XIV.  Of  art  and  part  195: 


CONTENTS.  xv 

BOOK  IV. 

Tit.  Page. 

I.  Of  fcandals  and  church-difcipline  in  general.  Of  the  method 

of  proceeding  with  the  fcandalous,  and  how  feandals 

are  to  be  tabled  before  church  judicatures  197 

II.  Of  the  tranfaclion  and  prefcription  of  fcandals  204 

III.  Of  libels,  probation,  and  citation  205 

IV.  Of  the  vocational  and  perfbnal  faults  of  minifters  and  pro- 

bationers, how  they  are  cenfured,  and  of  the  method  of 
proceeding  to  cenfure,  and  of"  reponing  them  againit 
thefe  cenfure s  216 

V.  Of  fentences  and  their  reviews.     Of  declinatures,  referen- 

ces and  appeals.  229 

VI.  Of  the  order  of  proceeding  to  excommunication  233 

VII.  Of  the  order  of  proceeding  to  abfolution.  240 


Form  of  Process  in  the  Judicatures  of  the  Church. 

Chap.  Page. 

I.  Concerning   church -government,    difcipline,    fcandals,  and 

cenfures  in  general  -  243 

II.  Concerning  ithe  entering  of  procefles,   citation  of  parties 

and  witnefies,  and  taking  depofitions,  and  anent  fugitives 
from  difcipline  244 

III.  Concerning  fwearers,  curfers,  profaners  of  the  Lord's  day, 

drunkards,  and  other  fcandals  of  that  nature  248 

IV.  Concerning  the  fin  of  fornication,  adultery,  and  fcandalous 

carriage  tending  thereto  249 

V.  Concerning  appeals  from  a  kirk-feflion  to  a  prefbytery,  &c.    252 

VI.  Concerning  procefles  which  natively  begin  at  the  lurk-fef- 

feflion,  but  are  not  to  be  brought  to  a  final  determina- 
tion by  them  254 

VII.  Concerning  procefles  againft  minifters  255 
V1IL  Concerning  procefles  in  order  to  the  cenfure  of  the 

greater  excommunication  258 

IX,  Concerning  the  order  of  proceeding  to  abfolution  261 


xvi  C      O      N      T    E      N 


The    Second    Book    of    Discipline* 

Chap.  Page. 

L  Of  the  kirk  and  policy  thereof  in  general,  and  wherein  rt  is 

different  from  the  civil  policy  264 

II.  Of  the  policy  of  the  kirk,  and  perfons  and  office-bearers  to 

whom  the  adminiftration  is  committed  266 

III.  How  the  perfons  that  bear  ecclefiaftical  functions  are  to  be 

admitted  to  their  office  267 

IV.  Of  the  office-bearers  in  particular,  and  firft  of  the  paftors 

or  miniflers 

V.  Of  doctors,  and  their  office,  and  of  the  fchoois 
\L  Uf  elders  and  their  office  271 
■VI L  Cf  elderfnips,  aficmblies,  and  difcipline    !  272 

VIII.  Of  the  deacons  and  their  office,  the  laft  ordinary  function 

of  the  kiik  275 

IX.  Of  the  patrimony  of  the  kirk,  and  diftribntion  tlureof  ib\ 

X.  Of  the  office  of  a  Chrillian  magiitrate  in  the  kiik  276 
XL  Of  the  prcfent  abufes  remaining  in  the  kirk  which  we  de- 
fire  to  be  reformed                                                       •    277 

XII.  Certain  fpecial  heads  of  reformation  which  we.  crave  2  So 

XII L  The  utility  that  ihall  flow  from  this  reformation  to  all   2  S3 
eftates. 


Want  of  difcip'ir.e  ihewn   K>  be  a  great  caufe  of  the  pre- 
lent  corruption  of  Ci-ifiaians.    By  Profcflor  Oilervald.     285 


C    O    L- 


COLLECTIONS 

AND 

OBSERVATIONS 

Methodized,    &c. 

BOOK      L 

TITLE    i. 

Of  the  Ekdion  and  Ordination  of  Pa/tors* 

§  i./^XUR  Lord  Jefus  Chrift  hath  inftituted  a  govern-  The  ™*j^ 
\^f  ment  and  governors  ecclefiaflical  in  his  houfe,  jje  P°hurch° 
with  power  to  meet  for  the  order  and  govern-  the  divine 
ment  thereof:  and  to  that  purpofe  the  Apoftles  did  im- warrant  and 
mediately  receive  the  keys  from  the  hands  of  their  LordP?jyer  °  her 
and  Mailer  Jefus  Chrifr,    who  hath,    from  time  to  time,Jlal^sJ  ail^ 
furnifhed  fome  in  his  church,  with  gifts  for  government,  elders;  after*- 
and  with  commiiTion  to  exercife  it  when  called  thereunto.  ed» 
And  it  is  alfo  agreeable  to,    and  Warranted  by  the  word 
of  God,  that  fome  others,    befides  thofe  who   labour  in 
the  word  and  doctrine,  be  church-goVernors,  to  join  with 
the  minifters   of  the   word,    in  the   government  of  the 
church,  and  exercife  of  difcipline:    which  office-bearers, 
reformed  churches  do  commonly  call  Ruling  Elders,      It 
is  likewife  agreeable  to  the  fame  word,    that  the  church 
be  governed  by  feveral  forts  of  judicatures,  fuch  as,  kirk* 
fcffions,  prefbyteries,    provincial  and  general  aiTemblies ; 
all  which  have  power,  one  in  fubordination  to  the  other, 
to  caii  before  them  any  pcrfons  within  their  own  bounds, 

A  whom 


2  Government    of    the         Book  1. 

whom  the  ecclefiaflical  bufinefs,    which  is  before  them, 
doth    concern,    either  as   party  or   witnefs ;    fee  cap.  r. 
a£b  i ;.  aflem.  1707.      i  he  church  of  Scotland,   by  this 
article,  denies  the  independency  of  prefbstcries  and  pro- 
vincial fynods,  as  much  as  they  do  the  independency  of 
a  (ingle  congregation.     But  till  the  churches  become  all 
of  one  mind  in  the  Lord,    and  civil  rulers  become  her 
nurfmg  fathers,  in  their  feveral  independent  kingdoms  and 
governments,  it  would  feem,  till  thefe  good  days  come, 
the  churches  arc  to**  manage  their  own  affairs  independent- 
ly upon  each  other;  not  that  this  independency  proceeds 
either  from   fcripture,   or  the  nature  of  the  church,  but 
from  rcilraint  and   mifunderftanclings.     See  the  lait  title 
of  this  book 
The  various        §  2.  Pallors,  bifhops,  and  miniflers,  are  they  who  are 
names  given    appointed  to  particular  congregations:  in  refpecl  whereof, 
^£\rtsv*Ti-  fometimes  they  are  called  paltors,  becaufe  fey  feed  their 
tics  or  dignity  congregations;     fometimes  bilhops,    becaufe  they  watch 
in  t!x  church  over  their  fl'cks;  fometimes  miniflers,  becaufe  of  their 
favour  of       fervice ;    fometimes  alfo  prefbyteis   or    feniors,    for   the 
gravity  of  manners  which  they  ought  and  are  fuppofed 
to  have.    See  Polity  of  the  Kirk,  cap.  4      By  the  acl  of 
AlTembly,   December  .7.    18.  <63S,    art.  19.  feeing  the 
office  of  diocefan  or  lordly  bifhop  is  removed  and  abjured 
by  tins  kirk,  it  is  thought  fit  that  all  titles  of  dignity,  fa- 
vouring more    of  Popery  than  of  Chridian   liberty,     as 
chapters,   with  their  elections  and  confecrattons,  abbots, 
priors,  deans,  archdeacons,   preaching  deacons,    chanters, 
i'ub-chanten,    and    othc  s,    having  the   like  title,  be  no 
more  ufed  hereafter,  under  pain  of  church -cenfure. 
Intimation  §  g,  "When  the  nrefbytery  are  well  informed  that  a  pa- 

forthe  deft-  r;Q  for  {^c  mQQ  r  j$  unanjm0Uv  to  elecTt  a  fit  net  (on 
OT8  to  meet,  ,        .    .  '         r  .  ,  .  /.    .    . 

is  made  by     to  ^e  their  paitor,  then  they  arc  to  appoint  one  or  tneir 

the  prefbyte-  number  to  preach  on  a  Lord's  day  in  the  vacant  congrega- 
i-y,  but  ordi- tjon,  and,  after  forenoon's  fermon,  to  intimate,  that  et« 
tteh-^rttca-  C"C1S'  'jCriror3'  miigiftrafcs.  and  town-council,  (when  ttlal 
tion.  A  few  vacancy  happens  in  a  burgh  royal),  and  heads  of  families* 
applyi  do  meet  at  the  church  on  inch  a  week  day*  (being  always 

ftops  the  jus  reil  free  days  after  the  intimation',  in  order  to  the  ele&intf 
of  a  fit  perlon  to  fupp'y  their  vacancy.  Which  order  feemeth 
moft  agreeable  to  that  arodoiical  practice,  A  els  vi.  p. 
"  Wherefore,  brethren,  look  ye  out  among   you  feven 

"  men 


;  Q  latum. 


Tit.  i.         Church    of    Scotland.  3 

"  men  of  honed  report,  full  of  the  Holy  Ghoft,  and 
"  wifdom,  whom  we  may  appoint  over  this  bufmefs " 
And  the  pre/by tery,  for  ordinary,  waits  till  the  electors 
apply  to  them  for  that  intimation;  which  application  will 
flop  and  interrupt  the  jus  devclutum,  (of  which  hereafter), 
although  it  be  made  by  a  few  electors,  becaufe  their  meet- 
ing 10  apply  hath  no  convener 

§  4,     fty  the  act  of  Aflembly  Augufr.   4.  1640,    the  Who  ar< • ! 3a- 
kirk-fefTion    is    to   meet    and    proceed   to  the   election,  b\le  cie^°  s> 

1  .     1     1  n  1111  1  r        who  not ;  ana 

and  it  doth  molt  properly  belong  to  them,  as  the"  repreien-  whatmakesa 
tatives  of  that  congregation,  to  look  out  for  a  fit  perfon  call  legal. 
to  be  their  paftor.  But  feeing  the  heritors  (efpecially  fuch 
as  refide  in  the  parifli)  and  maglitrates,  with  their  town- 
council,  in  burghs,  are  the  molt  lailing,  as  well  as  the  mofl 
confiderable  heads  of  families,  on  whefe  fatisfac"tion  and 
afliftance  the  comfortable  living  of  miniflers  may  much 
depend,  the  33d  act,  feif  2.  of  King  William  and  Queen 
Mary's  parliament  hath  joined  them  (being  Protcitants) 
with  the  elders,  in  fubferibing  of  calls  to  miniflers  It  is 
to  be  minded,  that  both  fdiion  and  town  council  do  fub- 
fcribe  perfonally  as  the  heritors  do.  fty  the  above-men- 
tioned aft  of  AiTembly,  no  perfon,  under  the  cenfure  cf 
the  kirk,  is  to  be  admitted  to  vote  in  the  election  of  a  mi- 
niiler.  By  the  6th  acl:  of  the  4th  feffion  of  King  William 
and  Queen  Mary's  parliament,  all  perfons  whofoever, 
giving  voice  in  calling  of  miniflers,  are,  at  their  meeting 
appointed  for  that  effecl:,  to  iwear  the  oarh  of  allegiance, 
and  fubferibe  the  fame,  with  the  aflurance. 


§  «5   By  that  fame  lad-mentioned  acl:  of  parliament,  it  is  ^ 


When  a  pref- 


cnacted,  That  if  application  be  not  made  by   the  elders  °Tt^y  ™a:v 
and  heritors  of  the  parifh,  to  the  prefoytery,  for  the  call  cancy  tan- 
and  choice  of  a  mimfter,  within  the  fpace  of  fix  months  quam  jure 
after  the  vacancy,  that  then  the  prefoytery  may  proceed  devoluto. 
to  plant  a  minifter  tanqaam  jure  devoluto.     See  §  3.   Jv.b 
finem.      And  that  forecited  a&  of  Aflembly    1649,    aP" 
points,  where  the  congregation  is  difaffecled  or  malignant, 
the  prefoytery  to  provide  them  with  a  minifter.      Where 
a  parifn,  or   its  greater  part,  is  remifs  or  erroneous,  and 
therefore  will  not,  or  delays  to  call  a  minifter,    the  pref- 
bytery,  in  that  cafe,  by  their   power  from  Chrift,    may 
give  a  million  or  call  to  a  particular  pei  ion,    aad  crdain 

A  z  him 


4  Government    of    the  Beck  I. 

him  to  labour  in  the  work  of  the  miniftry  among  that  peo- 
ple ;  by  virtue  whereof,  he  hath  right  to  enjoy  both  office 
and  benefice.     By   the  1 8th  canon  cencilii  Antiocheni,  it 
is  determined,  '*  Si  quis  crdinatus  non  ierit  in   parochi- 
''  am  ad  quam  eft  or.'inatus,  non  fua  quidem  culpa,   fed 
"  propter  populi  recufationem,  vel  aliquam  aliam  caufam, 
"  quce  a  fe  non  oritur  is  fit  et  honoris  et  muneris  parti- 
"  ceps." 
The  meeting      §  6.  When  the  day  is  come  on  which  the  electors  were 
cf  electors;    appointed  to  meet,  by  the  above-mentioned  order  of  inti- 
itTlf-difi      rnat''on'  *hc  nmiifter,  whom  the  prefbytery  ordered  to  mo- 
cr.ll  fiVncd;    derate  at  the  election,  having  ended  fermon,  and  difmifP 
fhe  power  cf  ed  the  congregation,  except  thefe  concerned,   is  to  open 
the  abfent  e-  the  meeting  of  eleelors  with  prayer;    and  thereafter  they 
c^efc^t^t"     Procecd  to  vote  the  perfon  to  be  their  minifter,  as  they 
thefe  preient.  c're  called  upon  by  the  fellion- clerk,  who  is  alfo  clerk  to 
that   meeting  :    which   vote   being   taken   and   carefully 
marked,    the  moderator  is  to  pronounce  the  mind  of  the 
meeting,  viz  That  a  call  be  given  to  the  perfon  named; 
which  the  clerk  is  to  have  ready  drawn  up  to  be  read  and 
{igned  by  them    in   prefence   of  the  moderator.      The 
meeting  of  electors  having  been  convened  upon  the  pref- 
bytery's  intimation,    if  either  heritors,   elders,  or  town- 
counc:l,    be  wanting  or  abfent,  their  power  accrefceth  to 
thefe  prefent,    they  having  all  had  the  lawful  advertife- 
ment  given  them,  and  none  of  thefe  diftinct  bodies  has  a 
negative. upon  another. 
Form  cf  a  §  ;.   We  the  heritors,  elders,    snd  magiftratcs  of  the 

cah.  town-council  of  being  deftitute  of  a  fixed  paftor, 

and  being  moll  allured  by  good  information,  and  our  own 
experience,  of  the  minifterial  abilities,  piety,  literature, 
and  prudence,  as  alfo  of  the  fjitablenefs  to  our  capacities 
of  the  gilts  of  you  Mr  A.  B.  preacher  of  the  gofpel,  or 
minifter  at  C.  have  agreed,  with  the  advice  and  confent  ! 
of  the  parifhioners  fortfaid,  and  concurrence  of  the  Rev. 
presbytery  of  D.  to  invite,  call,  and  intreat:  l'.keas,  We, 
by  thefe  prefents,  do  heartily  invite,  call,  and  intreat  you, 
to  undertake  the  office  of  a  paftor  among  us,  and  the 
charge  of  our  fouls.  And  further,  upon  your  accepting  of 
this  our  call,  promife  you  all  dutiful  refpect,  encourage^ 
r^erit,  a::;t  obedience  in  the  Lord,  In  witnefs  whereof,  &c. 

§  b,  There- 


Tit.  i.        Church    of  -Scotland.  5 

§  8.  Thereafter  the  moderator  is  to  artefl,  that,  con-  The  attefhti* 
form  to  the  prefbytcry's  appointment,  he  did  moderate  at  on  of  a  call ; 
the  meeting  of  electors,  the  plurality,  or  all  whereof  pre-  an^  ™hat  |* 
fent,  made  choice  of  Mr  A  B.  to  be  their  paftor  at  fitch  ^  ^1^^ 
time  and  place.     Which  atteftation  he  is  to  %n  upon  the  divide  in  vo- 
call.  See§  33.      In  cafe  there  be  a  parity  among  the  e-  ting, 
lectors  votes,  ("that  is,  when  they  fplit  or  divide  in  their 
calling  of  two  perfons),  then  the  moderator  mud  either 
be  allowed  the  cafting  vote,  or  elfe  application  mud  be 
renewed  to  the  prefoytery  to  convene  the  electors  a  fecond 
time 

§  9.   The  right  of  patronage,  according  to  Streinius's  Patronage 
Summa  juris  canotiici,  is  a  power  to  prefent  a  fit  perfon  defcribed, 
to  a  vacant  church-benefice:  which  right  is  acquired  (eve-  "\  edaTfirft 
ral  ways ;  as,  1.  When  one  gifts  ground  to  build  a  church 
upon.     2,  If,  with  confent  of"  the  bifliop,  one  build   a 
church.    3.  If  one  beffows  upon  a  church,  or  mortifies  to 
thefe  ferving  the  cure  thereat,  fome  confiderable  mainte- 
nance.    Thefe  three  ways  are  contained  in  that  known 
verfe,    "   Patronum  faciunt,    dos,    sedificaJo,    fundus." 
The  4th  way  is,    An  immemorial  cuftom  of  prefenting. 
5.  By  a  privilege  and  gift  thereto  derived  from  the  Pot  e 

§  10.  The  right  of  patronages  with  us  in  rimes  of   the  Patronages, 
late  Prelacy  became  lo  twifted  with  other  fecular  interens  howconfider- 
that  it  was  exprefsly  avowed  and  pleaded  for  as  a  par!  of  a  ^    under  1  re- 
man's  private  patrimony,    the  rights  whereof  he  had  fet- 
tled and  confirmed  to  him  and  his  heirs,    as  thefe  of  his 
other  eftate,  by  charters  under  the  feals.    and  might  law- 
fully fell  and  difpofe  of  it,  and  from  which  he  could  not 
be  excluded  without  injuftice ;    thefe  rights  were   then 
tranfmittcd  according  to  the  common  degrees  and  rules  of 
blood. 

§  11.  This  church  maintains,  That  the  patron's  pre-  The  ?pi™011 
tended  privilege  of  a  negative  intcreft  in  the  call  and  ^^lschurch 
maintenance  of  minifters,  is  a  (Infill  and  wrongous  nfur- 
pation,  without  warrant  from  the  word  of  God,  defrruebve 
of  the  true  liberties  and  intereff.  of  the  church,  and  mod: 
fcandaloufly  orTenfive  to  all  ranks  of  Chriflians  therein. 
This  is  gathered  from  their  writings  and  fermons,  and  acl 
of  Aflembly  Auguft  4.  1649. 

§  12.  The  minifter  who  moderated  the  call,  and  thefe  Call  prefent- 
:ouimiflIonccL  to  proiecute  the  fame,  flrall  next  preibyte-  ed  and  appro- 

ry-  «*- 


6  Government    of    the         Book  I. 

ry-day  prcfent  the  call  to  them.     If  they  find  no  ground 
to  demur  upon  granting  their  concurrence,  then  they  are 
to  grant  the  fame,  which  the  clerk  is  to  fignify  upon  the 
call       But  if  they  find  grounds  to  delay  or  refufe  their 
approbation,  in  that  cafe  thefe  are  to  be  particularly  con- 
defcendcd  upon  in  their  records:   Thus  the  prefbytery  is 
vindicated  from  arbitrary  procedure,  and  parties  concerned 
have  accefs  to  make  anfwer  for  themfelves. 
Calls  profe-        §  i  $.  If  the  call  be  to  a  probationer  within  the  prefby- 
coted  to  ex-    tery's  bounds,  then  the  prefhytei  y  is  to  put  him  upon  trials, 
Sn^leK°r     *n  or(^er  coordination.     But  if  he  be  under  the  infpe&ion 
of  another  prefbytery,  then  the  prefbytery  to  whom  the 
call  was  firfl:  prefented,  and  with  which  they  have  con- 
curred, is  to  write,  or  fend  one  of  their  number,  together 
with  the  parifh.  com  mi  ffi  oners,  and  defire  that  prefbytery 
where  the  probationer  refides,  to  concur  with  them  in  of- 
fering the  call  to  him,  and  injoining  him  to  repair  to  the 
bounds  to  which  he  is  called,  and  there  fubmit  to  the  ordi- 
nary trials,  in  order  to  ordination.     How  the  call  ihould  be 
profecuted  to  a  fixed  minifter,  fee  in  the  following  title. 
Calling  and        §  1 4.  It  is  to  be  remembered,  that  no  probationer  or  mi- 
entry  of  2.     njfter,  is  to  receive  any  call  to  a  vacant  congregation,  but 
bed^reJced  ° ^rom  c^e  ^anc^s  °f  tne  prefbytery  to  which  they  belong ; 
by  the  pref-   for,  it  is  by  their  determination  that  the  calling  and  en- 
bytery.  try  of  a  minifter  is  to  be  ordered  and  concluded.     K.  Wil- 

liam and  Q.  Mary's  pari.  fc(T.  ?.  cap.  2  j« 
Ordination         §15.  Ordination  is  the  foiemn  act  of  the  prefbytery, 
c>eKrioed:nc  fcttjno*  apart  a    perfon    to  fome    pubiick  church.office  : 
'm  i*  or  this  lee  the  Directory,     It  is  agreeable  to  the  word  or 

God,  and  very  expedient,  that  f  uch  as  are  to  be  ordained 
miniflers  be  defigned  to  fome  particular  church,  or  other 
minifterial  charge ;  See  the  Directory  and  Heads  of  the 
Polity  of  the  Kirk;  as  alfo  the  icth  aft,  chap.  1.  of 
the  French  church-difcipline;  wherein  they  agree,  that 
miniflers  fball  not  be  ordained,  without  affigning  them  a 
particular  flock. 

Mens  erifo         §  16.  By  the  fame  article,  miniflers  rauft  be  fit  for  the 
Id  be       flocks  which  fhall  be  r;fiigned  unto  them  ;   and  by  the  act 
fiuted  to        Qf  AfTembly  1596,  ratified  December  1638,  it  is  determi- 
„eir  pc    ~     ^^j^  That  becaufe  men  may  be  fit  for  fome  places,  who 
are  not  meet  for  others,  the  principal  places  are  to  be  pro- 
vided with  men  of  moft  worthy  gifts;  and  none  are  to  ac- 
cept 


Tit.  i.        Church    of    Scotland  J 

ccpt  of  a  greater  charge  than  they  are  able  to  difcharge. 

Indeed,  when  a  minifter  is  endowed  with  prudence,  and 

hath  love  and  refpecf.  from   his  people,  a  greater  charge 

will  be  eafier  to  him  than  to  another. 

§17.  On  a  probationer's  accepting  of  the  call  of  a  pa-  Trials  of  an 

rifh,  which  is  underftood  to  be  done   when  he  fubmits  intrant  to  the 

himfelf  to  the  presbytery  to  undergo  his  trials  in  order  12lim.i^ry;ra?.d 
,.  i'i_i  1  •    j  1        n  fervir.g  of  his 

to  ordination,  he  is  by  them  to  be  tried,  as  when  he  was  e^a. 

licenfed,  (for  which  fee  that  title),  exxept  the  homilies 
and  previous  catechetic  trials.  When  the  presbytery 
is  fatisfied  of  his  trials,  they  fend  one  of  their  number 
to  preach  in  that  congregation,  and  after  forenoon's  fer~ 
mon,  to  intimate  to  themv  that  the  probationer  whom  they 
have  called  to  be  their  minifter,  his  edicl  was  now  to  be 
ferved.  Which  edict,  after  reading  by  him  or  the  pre- 
center,  is  to  be  affixed  by  the  bedal  upon  the  mod:  pa- 
tent church-door  :  The  tenor  whereof  is  as  follows. 

§  18.  This  prefbytery  having  received  a  call  from  the  porm  0f  an 
parilh  of  to  Mr  A.  B.  preacher  of  the  gofpel,  to  edift. 

be  their  minifter,  and  finding  the  fame  orderly  proceeded, 
and  the  faid  Mr  A.  B.  having  undergone  all  the  parts  of  his 
trial,  in  or  er  to  his  ordination;  and  the  prefbytery  upon 
the  whole  judging  him  qualified  to  be  a  minifter  of  the  gof- 
pel, and  fit  to  be  paftor  of  this  congregation,  have  refolved 
to  proceed,  unlefs  fomething  occur  which  mayjuftly  impede 
the  fame  :  and  therefore  do  hereby  give  notice  to  all  per- 
form, efpeciaily  the  members  of  this  congregation,  that  if 
any  of  them  have  any  thing  to  object,  why  the  faid  Mr  A. 
B  fhould  not  be  admitted  paftor  here,  they  may  repair  to 
the  prefbytery,  which  is  to  meet  at  the  day  of 
With  certification,  that  if  no  perfon  object,  any  thing  that 
day,  the  prefbytery  will  proceed  without  further  delay. 
§  1 9.  The  prefbytery  meeting,  as  it  was  appointed  by 
the  preceding,  for  receiving  the  execution  of  the  edirf,  xheedii 
which  ought  to  be  ten  free  days  after  ferving  of  the  fame,  mined  and 
the  minifter  who  was  appointed  to  preach  at  ferving  of  the  executed, 
edicl,  is  to  give  an  account  of  his  diligence,  and  return  the 
edict,  inclorled  by  himfelf  or  the  precenter  and  bedal;  then 
the  prefbytery  is  to  order  their  officer,  three  feveral  times, 
at  the  moil  patent  door  of  the  church,  to  give  notice,  That 
if  there  be  any  there  who  has  any  thing  to  object  againft 
the  pcrion  called  his  being  their  minifter,  they  may  come 

and 


net  re* 


S  Government    o  £    the"         Book  f  * 

and  do  it  to  the  prcfbytery  j  with  certification,  as  in  the  e- 
die! 
Ordination-  §  20  If  there  be  no  material  impediment  found,  the  pref- 
day  let,  and  bytery  is  to  name  a  convenient  day  within  lefs  than  ten  days, 
formated  •  if  it  can  be,  for  their  meeting  to  ordain  the  candidate  at  the 
itioft'  conve^  cnurcn  °f  ^:e  congregation  to  which  he  is  to  belong.  The 
nient  tor  the  day  appointed  for  his  ordination,  is  to  be  intimated  from 
wt  the  pulpit  on  the  Lord's  day  preceding,  inviting  all  to  be 

prefcnt.  and  telling  them  that  they  are  to  fet  apart  that  day 
as  a  fa  ft  to  be  by  them  obferved  with  more  than  ordinary 
fupplication,   for  the  aftiftance  and  blefTing  of  God  upon 
the  ordinance  of  Chrift,  and  labours  of  his  fervant.     But 
the  ordination-day  is  more  proper  for  thanksgiving  than 
failing,  and  experience  may  confirm  us  herein  :  lor  we 
find,   that  on  the  account  of  fome  things  convenient  to 
be  done  that  day,  another  before  were  filter  to  be  obferved 
for  the  faft 
Popular  ordi-       §  *  1.  Our  church  doth  condemn  any  doctrine  that  tends 
jat!0l\c?n'     to  fupport  the  peoples  power  of  ordaining  their  miniftersf 
ads  vi.  3.       f°r  kv  the  jth  aci  of  AfTembly  1698,  upon  information 
that  a  divine  of  the  church  of  England,  had  in  his  fermon 
ch?rg  d  them  as  corrupters  of  the  word  oi  G<  d,wno  to  fa- 
vour popular  ordinations,  hadcaufed  that  paftage  of  fcrip- 
tu  e    Acts  vi  3.  "  Whom  we  may  appoint  over  this  bufi- 
"   nefs,"   to  be  printed,   "  Whom  ye  may  appoint,"  &c* 
they  did  unanimously  difclaim  the  above-mentioned  er- 
ror of  the'prefs,  and  did  declare,  they  did  net  own  any  o- 
ther  reading  of  that  text  to  be  according  to  the  original, 
but  "  Whom  we  may  appoint,"   Sec. 
The  ordina-        §  22    The  ordination-day  being  coxe,  conform  to  the 
tion-fermon,  presbytery's   appointment,   one  of  their   number  preach- 
and  preface    etn .  the  fubjecl  of  whofe   fermon  fhould  be  concerning 
to  l  ie  a   ion.  ^  qualifications  of  minifters,  and  the  re  iprocal  duties 
betwixt  them  and  their  people.     The  fermon,  prayer,  and 
praifes  after  fermon,  being  ended,   the  minilier  from  the 
pulpit  is  toihew  theoccafion  of  that  day's  meeting,  and  all 

the  fteps  of  the  presbytery's  procedure  hitherto  with  re- 
The  qneftions  fpeft  to  tfat  afo;r# 

to  be  aniwer-    l   c  rr-,  ,  •   -n  n  s      •    .  i         • 

db    the  in-      §  23*  1- hen  the  minuter  calls  on  tne  intrant,  who,   in 

trant  before  face  and  audience  of  the  congregation,  is  to  anfwer  tothefe 
impofition  of  following  qucftions  :    1.  If  he  doth  believe  the  (cripturesi 
hands,  or,  his  Q£  ^e  ^ jj  anj  ^ew  Teftaments,  and  the  truths  thercinf1 

ordination  -      J 

contained 


Tit.  i.        Church    of    Scotland.  9 

contained,  to  be  the  word  of  God  ?  ?.  If  he  doth  own, 
and  will  adhere  unto  the  confefTion  of  faith,  and  catcchif'.s 
of  this  church,  and  doclrine  therein  contained,  as  being 
founded  on,  and  confonant  to  the  holy  fcriptures  ?   3.  If 
he  will  be  faithful  and  zealous  in  maintaining  ail  the  truths 
of  the  gofpel,  the  unity  of  the  church,  and  peace  there- 
of, againfl  all  error  and  fchifrn  whatfoever,  notwithstanding 
of  what  trouble  or  perfecution  may  happen  ?    4.  If  he  do 
.like  wife  own  and  will  adhere  to  the  worlhip,  difcipline,  and 
government  of  this  church,  as  being  founded  on,  and  confo- 
nant to  the  holy  fcriptures?  5.  if  he  hath  been  Jed  in  his 
defigning  the  work  of  the  miniftry,  by  a  (ingle  and  fincere 
love  to  God,  and  aim  at  his  glory  in  the  gofpel  of  his  fbn, 
and  not  by  filthy  lucre,  and  the  motives  of  worldly  gain, 
,  as  the  great  inducement  moving  him  to  the  miniflerial  work  ? 
I  c.  If  he  hereby  engage  to  be  diligent  and  afTiduous  in  pray- 
ing, reading,  meditating,  preaching,  adminiflring  the  facra- 
ments,  catechizing,  and  exercifing  of  difcipline,  and  in 
^performing  all  other  minifterial  duties  toward  the  people 
'committed  to  his  charge  ?   7.  If  he  refo'ves  to  own  his  or- 
dination to  the  holy  function  of  the  miniilry,  and  to  corn 
tinue  in  duty,  notwithstanding  of  any  trouble  that  may  a- 
jrife  in  the  church  hereafter?  vide  £>u<em  3.     8.   if  he  will 
humbly  and  willingly  fubmit  himfelf  unto  the  admonitions 
J  of  his  brethren,  and  difcipline  of  this  church  ?     Laflly,  1  f 
he  will  take  care  that  he  himfelf  and  his  family  (hall  walk 
unbbmeably,  be  examples  to  the  flock,  and  adorn  the 
proffeffion  of  the  gofpel  by  their  conversation  ? 

§  2 ., .  In  the  moit  eonfpicuous  place  of  the  church,  and  The  place 
near  to  the  pulpit,  a  table  and  feats  being  placed  where  the  ^cre>  atM* 
brethren  of  the  presbytery,  the  heritors  and  elders  of  the  i*ow  oriam- 
xongregation,  with  the  magiftntes  and  council,  when  in  ed, 
burghs  royal,  are  to  fit,  together  with  the*  intrant,  fo  that 
all  the  minifters  may  conveniently  give  him  impofkion  of 
hands,  and  the  others  may  take  him  by  the  hand,  when 
thereunto  called:  the  minifler  is  to  come  from  the  pulpit 
to  the  forefaid  place,  where  the  intrant  kneeling,  (for  the 
|more  decent  and  convenient  laying  on  of  hands)  and  the 
jbrethrcn  (landing;  he,  as  their  mouth,  in  their  Maker's 
Iname  and  authority,  doth  in  and  by  prayer  fet  the  candi- 
date apart  (not  only  the  minifler  who  prays,  but  all  the 
brethren  that  conveniently  can,  laying  their  hands  upon 

B  his 


io  Government    of    the         Book  I. 

his  head)  to  the  office  of  the  miniftry,  invocating  God 
for  his  blefTing  to  this  effect : 
Directory  for      §  25.  Thankfully  acknowledging  the  great  mercy  of 
ordination      q0j  \n  fen&\ng  Jefus  Chrift  foi  the  redemption  of  his  peo- 
"   '  pie,  and  for  his  afcenfion  to  the  right  hand  of  God  the  1  a- 

ther,  and  thence  pouring  out  his  fpirit.  and  giving  gifts  to 
men,  apoltles,  evangeliiis,  prophets,  pallors,  and  teach- 
ers, for  the  gathering  and  building  up  of  his  church,  and 
for  fitting  and  inclining  this  man  to  this  great  work,  and  to 
intreat  him  to  fit  him  with  his  Holy  Spirit,  to  give  him, 
who,  in  his  name,  is  fet  apart  to  his  holy  fervice,  to  fulfil 
the  work  of  the  miniftry  in  all  things,  that  he  may  both 
fave  himfelf  and  the  people  committed  to  his  c  arge. 
The  r'ght  §  >b.  The  prayer  being  ended,  the  minifter  who  mode- 

hand  of  fel-  rates  in  the  action,  and  thereafter  all  the  minifters  of  the 
is  falat'd       prefbytery,  takes  the  perfm  ordained  by  tne  right  hnnd, 
minifter:  the  ^JIng  unt0  him,  we  give   unto  Yoa  tRe  r*ght  hand  of  fel- 
conclufion  of  lowfhip,  to  take  part  of  th  :  miniftry  with  us.     Then  the 
the  work.       heritors,  elders,  and  magistrates,  when  in  burghs,  fhould 
falute  him  as  their  minilter,  in  taking  him  by  the  right 
hand,  as  a  tcflimony  of  their  acceptance  of  him.     Ti  en 
tne  minilter  returning  to  the  pulpit,  after  having  had  a 
fhort  and  pertinent  exhortation,  both  to  the  minifter  and 
people,  he  is  by  folemn  prayer  to  commend  both  paftor  and 
flock  to  God's  grace.  Then  he  is  to  fing  a  part  of  aPfalm, 
fuch  as  132.  fromverfe  1  ,.  and  difmils  the  congregation, 
with  pronouncing  the  bleffing. 

p™™  r>e  .«        $  >  7.  1  he  whiik  day  the  prefhytery  of  met  at 

rorm   of  an         *      '  7,    .      r         J      J  v 

aclofordina-  the  kirk  of  coniiuering  that  tnere  had  been  a  call 

tion  and  ad-  prefented  upon  the  day  cf  unto  them,  from 

million.  t^Q  heritors,  eiders    and  parifhioners  of  the  faid  parifh  of 

to  preacher  of  the  go  (pel,  to  be  their  mini- 

fter :    To  which  call  the  faid  prefbytery  of  their 

concurrence  was  fought  by  the  laid  parifh,  within  the 
bounds  of  which  presbytery  the  faid  parifh  lies ;  and  with 
which  call  the  faid  prefbytery  did  concur,  as  their  aft 
thereanent,  dated  &c  bears :  likeas,  conform  to  the  acts 
and  conftitutions  of  this  church,  obferved  in  the  like  cafes, 
and  at  the  delire  of  the  faid  parifh,  the  faid  prefbytery  did 
put  the  faid  then  only  a  probationer,  to  all  the  parts  of 
his  trial  for  the  miniitry,  as  is  ufual,  wherein  he  was  ap- 
prover, to  the  fatisfaction  of  the  fcid  preibytery.     After 

which, 


Tit.  i.        Church    of    Scotland         'I! 

which,  the  presbytery  of  did  caufe  ferve  his  edict  at 
the  faid  church  of  in  the  due  and  orderly  form,  on 

a  Sabbath  day,  being  the  day  of  whereby  it 

was   publicly  intimate  to  the  faid  congregation,  that  in 
cafe  any  perfon  had  any  thing  to  object,  againft  the  faid  Mr 
why  he  ihoul  \  not  be  ordained  and  admitted 
minifter  to  the  faid  charge  of  they  might  apply 

the mfe Ives  to  the  faid  presbyter)?-  of  which  was  to  fa 
at  the  day  of         where  they  fhould  be  fully 

heard ;  with  certification  as  effeirs.  And  accordingly,  the 
brethren  of  the  presbytery  met  at  the  day  aforefaid* 

and  the  edict  being  returned  indorfed,  and  all  parties  con- 
cerned in  the  faid  congregation  being  lawfully  called,  and 
none  compearing  to  object  againft  the  faid  ordination  and 
admiffion ,  therefore,  the  faid  presbytery  did  determine  to 
meet  at  the  kirk  of  upon  the         day  of         in 

order  to  the  ordination  and  admiflTion  of  the  faid  Mr 
to  the  faid  parilh,  and  appointed  Mr  minifter  of  the 

gofpel  at  within  their  bounds,  to  preach  at  the  faid 

admi:Tion  and  ordination.  Which  being  accordingly  per- 
formed, the  brethren  met  presbyterially,  taking  the  whole 
matter  to  confideration,  as  (aid  is,  did  then  and  there,  in 
due  order,  and  all  requiiite  formalities,  folemnly  ordain, 
ad  nit,  and  fet  apart,  by  impofition  of  hands  and  prayer, 
the  faid  Mr  in  face  of  the  whole  congregation  there 

prefent,  to  the  facred  order  of  the  miniftry,  in  the  faid 
congregation  and  parifh ;  and  afterwards  was  received  to 
minifterial  communion  by  the  brethren  of  the  miniftry, 
and  by  the  heritors  and  elders  as  their  minifter.  This  is 
extracted,  &c. 

§  10    While  the  church  doth  enjoy  peace,  and  is  at  full  Ordination 
liberty,  it  is  very  reafonable  that  the  above  comely  order  fi&cruce,an& 
fhould  be  obferved ;    but  in  troublefome  times,  and  in  V10™1-1  *<j* 
cafes  of  great  neceffity,  minifters  mult  be  ordained  without 
particular  relation  to  a  parochial  charge,  otherwife  there 
fhall  be   no  ordination  in  times  of  perfecution.   By  act  4* 
chap  1    of  the  French  church-difcipline,  it  is  declared,  That 
in  fuch  extraordinary  cafes,  a  minifter  of  the  gofpel  may 
be  ordained  by  three  minifters :  but  in  times  of  peace,  by 
no  fewer  than  feven,  and  in  cafe  the  colloquy  confift  of 
fewer,  it  fhall  call  in  fome  of  the  neighbouring  minifters 
to  accompiiih  that  number. 

Bz  §  19, 


12  Government    of    the         Book  L 

The  manner       §  29»  You  will  find  the  old  manner  of  electing  and  or- 
of  election     darning  of  minifters  at  the  beginning  of  our  Reformation, 
and  ordina-  \n  Knox's  forms,  prefixed  to  the  old  Pfalms,  that  it  wasper- 
Reformation  ^ormec^  without  impofition  of  hands,  and  without  a  nurfe- 
ry  of  expectants :   which  notwithflanding  was  an  ordination 
both  valid  and  lawful,  efpecially  in  that  infant-ftate  of 
this  reformed  church. 
Re-or^na-  §  3°    ^y  tne    ^  zn&    d  articles,  chap,  t.  of  the  French 

!  mofPopifh  church-diicipline,  the  biihoos,  curates,  priefts,  and  friars, 
v,  and    among  the  Popiih  clergy,  turning  Protectants,  were  to  be  re- 
bents  m"  or(Jl2ine^  by  unpofirion  of  hands      And  in  the  fixth  felTion 
©f  Ailembly  ibgc,  the  moderator  is  allowed  and  autho- 
ri fed  to  declare,  in  their  name,  that  they  would  depofe  no 
incumbents  limply  for  their  judgement  about  the  govern- 
ment of  the  church,  nor  urge  re-ordination  upon  them. 
age  and       t  ji.  None  are  allowed  to  enter  the   miniftry,   under 

[  m-g    ox 

to  be'  the  age  of  twenty-five  years,  except  fuch  as  the  fynod  or 
ined.        Ailembly  judge  fit  for  the  fame:  fee  AiTem.  1638,  '047, 
and  1704,  feffion  10.    Other  churches  have  likewife  very 
much  regarded  the  age  of  intrants  to  the  miniftry  ;  for  by 
the     4th  c<r.cn  conc\  la , it  is  faid,  "  fanclo- 

"  rum  divinorumque  patrum  noftrorum  canon  in  his  quo- 
"  que  valeat,  ut  presbyter  ante  trigefimnm  annum  non  or- 
V  dinetur  ctiair.il  lit  homo  valde  d'gnus  ;M  which  canon 
agrees  with    the    nth    ccmil.  Ntocafar,     This   church 
hath  likewife  a  fpecial  regard  to  the  literature  of  intrarts.  (of 
u  hich  more  afterwards),  and  it  is  generally  cftee:/ed  an  ef- 
rial   accomplifhrnent,  that  they  fnould  have  the  Latin 
tongue :  for  you  will  fee  in  the  fuppiement  toCa'dcrwood's 
hiftory,  that  in  the  Aflerobly  1573,  it  was  ordained,  That 
none  lhould  be  admitted  minifters,  except  fuch  as  can  in- 
terpret and  (peak  congruous  Latin,  unlets  the  General 
Afiembly,  for  their  fingular  gifts  and  graces,  found  caufe  to 
difpenfe  [herewith.     Accordingly  they  have,  both  of  old 
and  of  late,  difpenfed  therewith  ;  particularly  t  .e  Afiem- 
biy  17G&,  appointed  the  presbytery  of  Sky,  after  trial  of 
None  hating  his  other  qualifications,  to  ordain  one  to  be  minkier  at  St 
Lilda,  who  vranteu    the  Latin  : 
s>  ZV^      §  32.  By  the  yd\  aft  of  Ailembly  1699,  miniflcrs  and 
probationers  having  the  irifh  language,  are  not  to  be  fet- 
born  on  tied  in  the  low  couritry,  till   the  highland  places  be  fir  ft 
provided:  and  by  the  16th  feflion  or  the  fame  Ailembly, 

to  »  e  *  1 

,  .     !e  presbyteries 

a  m  the  *         J 


Tit.  i.         Church    of    Scotland  13 

presbyteries  are  to  be  cenfured  who  fettle  any  probationer 
in  rhe  fourh  who  was  born  on  the  north  fide  of  Tay  (ex- 
cept it  be  in  the  cafe  of  a  call  given  to  fuch  probationers 
by  'he  city  of  F  dinburgh)  till  they  have  been  twelve  months 
in  th  north  without  receiving  a  call  there;  in  which  cafe 
they  are  free  to  come  fouth,  and  accept  of  a  call ;  and 
any  north-country  probationer,  who  (hall  be  otherwife 
fettled,  is  ipjo  fafio  tranfportable.  And  no  doubt  the 
fame  certification  may  be  extended  againft  minifters  and 
probationers,  having  the  Irifh  language,  that  are  fettled  in 
lowland  congregations,  contrary  to  the  forefaid  act,  con- 
form to  the  1  1  th  acl:  of  Adembly  1708. 

§  A  5.  By  the  !  t ;th  ac*  of  Adembly  1 697,  for  the  more  How  c*lls 
expeditious  planting  of  the  north,  the  agent  of  the  kirk,  ^|  fron^the 
or  any  perfcn  deputed  by  him,  is  authorifed  to  profecute  north,  and 
calls  from  the  north  fide  of  Tay,  and  other  presbyteries  how  they  dif- 
there  mentioned,  to  any  minifter  belonging  to  any  parilh  *er '  }rom  "ie 
on  the  fouth  fide  of  Tay :  but  as  for  pariihes  in  the  fouth  t^0^    J 
of  Scotland,  they  profecute  calls  thus :  After  the  call  hath 
been  figned  and  attefted,  as  in  feci:.  8.  the  moderator  is  to 
propofe  to  the  meeting,  that  they  appoint  fome  of  their 
number,  not  only  to  prefent  their  call  to  the  presbytery, 
for  their  approbation  and  concurrence,  but  to  profecute 
the  fame  till  it  be  brought  to  an  ifTue :  which  commiilion 
is  to  be  figned  by  the  moderator  and  fedion-clerk,  in  re- 
fpecl  that  all  the  deeds  of  that  meeting  are  recorded  in  the 
fedion  books. 

§  34.  By  the  1  g|h  ?&  of  Adembly   1697,  upon  a  let-  The  army, by 
ter  from  the  commander  in  chief  of  his  Majedy's  forces,  jnfjwL^ 
it  is  recommended  to  the  refpecYive  kirk-fedions  where  the  and  how  t» 
forces  are  quartered,  to  provide  them  with  convenient  be  fixed  witk 
feats  for  hearing,  and  toinfpccl:  them  as  they  do  other  pa-  i11*11^^. 
riihioners.     And  the  commiflion  of  the  General  Adembly, 
upon  application  from  the  chief  commanders,  is  to  fettle 
minifters  in  regiments  belonging  to  this  kingdom  :  but  when 
the  commiilion  is  not  inftrufied  to  receive  fuchapplicarons, 
then,  no  doubt,  they  are  to  be  made  to  the  presbyteries. 
Thus' we  fee  that  minifters  do  not  receive  their  wairant  to 
tai<c  overfight  of  a  regiment,  as  colonels  and  other  officers 
do  their  commiffions  from  the  Sovereign. 

§  ^5.  By  the  1 3 th  acl:  of  Adembly  -703,  it  is  tranfrnit-  Differences 
ted  as  an  overture  to  presbyteries,  that  when  the  fufficien-  abo'at  n}~ 

4         *  tranf,    how 

cy  ccinpofed. 


14  Government    of    the    Book  I. 

cy  of  intrants  to  toe  holy  miniftry  is  contefted  in  the  pref- 
bytery  tiiat  ordains  them,  that  in  this  cafe  'he  presbytery 
iball  refer  the  whole  affair  to  the  refpecVive  fynods,  and 
that  the  fynod  {hall  appoint  fome  of  their  number  to  ex- 
amine coram  fuch  intrants,  and  give  directions  to  the  pref- 
byteries  in  fuch  cafes. 

TITLE     II. 

Of  Tranfportation  and  Admiffion  of  Minifter s. 


Tranfporta- 
tion  defcrib- 
ed. 


§  J.  ^"^Rsnfportaron  or  translation  is  an  authoritative 
-*■     looting  of  a  minister's  relation  to  one  charge, 
and  a  making  up  of  that  fame  relation  betwixt  him  and  an- 
other, done  for  the  greater  good  of  the  church.     This  ad 
hath  no  refiemblance  to  the  diflblving  of  the  relation  itfeif 
betwixt  a  minifter  and  the  church,  as  in  the  cenfure  of  de- 
pofltion  ;  but  it  only  refembles  a  mailer's  taking  one  from 
labouring  in  fuch  a  part  of  his  vineyard,  to  continue  the 
fame  work  in  another  part  thereof. 
Calls  muft  be      §  2.  No  minifter  is  to  receive  or  entertain  a  call  from  an- 
managed  and  other  congregation,  till  it  come  to  him  by  his  own  pref- 
xhe    refbvte-  Dyrery*    And  anY  man  ,ranfporting  himfelf  to  another  con- 
ry.  gregation,  deferves  both  to  be  loofed  from  his  own  charge, 

and  debarred  from  entering  into  the  other ;  the  canonifis, 
upon  this  title  do  thus  determine,  "  Qui  enim  fua  propria 
"  authoritate  ad  aliam  fe  transfert  ecclefiam,  priore  relich, 
«'  8c  fuam  amittit  &  ab  aliena  repellitur.  Vide  Petri  Biar- 
**  noy  examen  juridicum  " 
How  a  pref-  §  y.  The  presbytery  having  heard,  by  word  or  petition, 
bytery  pro-    t]iejfe  commiffioned  from  the  vacant  congregation  to  profe- 

fentWacafl"  CLlte  tne  ca^>  anc*  a*ter  ^u^auiJRg  tneir  commiiTkns,  and 
finding  the  call,  as  to  what  appeareth  at  prefent,  to  be  or- 
derly, and  the  reafons  thereof  not  without  fome  ground  and 
weight,  they  are  thereafter,  at  the  fame  diet,  to  deliver 
their  call,  by  their  moderator,  to  the  minifrer  defired  to  be 
tranfported,  with  the  reaf  ms  thereof,  andtofummon  him, 
apud  atia,  to  appear  before  the  presbytery  ;  the  time  for 
compearance  being  at  leaft.  fifteen  free  days  thereafter. 
The  ordinary       §  4.  If  the  minifter  called  be  abfent  from  the  presbyte- 
method  for     r„     tjien  tfjC  caj]f   wjth   tv,e  rcafons   thereof,   or  rather  a 
SSSlK^  double  of  both,  atteftd  under  the  clerk's  bund,  are  to  be 
r  delivered 


Tit.  i.        Church  of  Scotland;  15 

delivered  to  him  by  the  presbytery-officer,  either  perfon- 
ally,  or  ar  his  dwelling  houfe,  together  with  a  citation  for 
him  and  his  parifh  to  appear  M  Jupra. 

§  \.  \.  13.  moderator,  &c  Forafmuchas,  the  heritors,  Form  of  a 
elders,  &c.  of  the  parifh  of  have  appli  d  to  us  fummons  of 

for  our  warrant  and  precept  to  cite  Mr  €  .  D   minifler  at  *[**  porta" 

and  the  pafimiohers  thereof,  to  hear  ar.d  fee  the 
faid  Mr  C.  D.  tranfported  in  manner,  and  to  the  cfleft  un- 
der-written, conform  to  a  call  given  him  by  the  faid  parifh  : 
Hercfore,  we  require  you,  that  upon  fight  hereof,  ye  pafs, 
and  lawfully  fummon  the  faid  Mr  C.  IX  personally  or  at 
his  dwelling-place:  And  ficklike,  all  and  fundry  the  pa- 
rifhioners  of  the  faid  parifh  of  by  open  reading 

hereof,  and  affixing  a  juft  copy  of  the  fame,  at  and  upon 
the  pari (h -kirk  door,  upon  a  Sabbath-day  before  noon,  im- 
mediately after  fermon  and  pronouncing  the  bleffing,  all 
upon  fifteen  free  days  warning,  to  compear  before  the. 
faid  presbytery,  within  the  kirk  of  upon  the 

day  of  next  to  come,  in  the  hour  of  caufe,  with 

continuation  of  days,  to  hear  and  fee  the  faid  Mr  C.  D. 
tranfported,  by  fentence  of  the  faid  presbytery,  from  the 
faid  parifh  of  to  the  faid  parifh  of  to  ferve  in  the 

work  of  th-?  miniftry  thereat;  or  elfe  to  alledge  a  reafbn- 
able  caufe  to  the  contrary  :  with  certification  to  them,  if 
they  fail,  they  ihall  be  holden  as  confenting  to  the  faid 
tranfpenation  ;  and  the  faid  presbytery  will  proceed  to 
do  therein  according  as  they  fhail  find  juft.  And  this  our 
precept  you  are  to  return  duly  execute  and  indorfed.  Gi- 
ven at  by  A.  B.  Ptbni   Ch, 

§  6;  If  the  presbytery  have  ground  to  fear  that  their  of-  How,  in  ex- 
ficer  may  meet  with  moleftation  or  oppofition  in  executing  traordinary 
of  their  fummons,  the  General  Aflembiy,   for  preventing  2nfs.'  a  ^ 

r  j    c  i  c         ■  r     1       £    1  1       11         ,     -6  riih  1S  L0  be 

or  deforcement  and  profanation  of  the  sabbath,  by  then  cited. 
7th  a£t,  1704,  ordains  the  minifter  hi  nfelf,  being  cited 
apud  aft  a  by  the  presbytery,  or,  if  abfent,  by  the  presby- 
tery's letter,  to  be  prefent  at  the  day  appointed  for  hearing 
the  caufe  :  whereof  the  minifies  is  appointed  to  give  ad- 
vertifement  from  the  pulpit,  to  his  elders,  heritors,  &c  ;  in 
ihort,  to  all  that  were  concerned  in  calling  him,  that  if  any 
©f  them  has  a  mind  to  defend  their  right  to  him,  they  may 
be  prefent  at  the  presbytery  on  fuch  a  day.  For  which  Call  and  rea. 
caufe  ihe  miniftcr  is  appointed  to  communicate  unto  them  fons  muI'-  be 

*  *  1      imps  1  ed  to 

ine  the  pariih. 


*6  Government  of  the  Eookl. 

the  call,  and  the  rcafons  thereof,  tranfmitted  to  him  :  but 

this  he  ought  al  fo  to  communicate  in  all  ordinary  citations* 

t<       if  he  intends  the  pariili  fliodd  defend  their  right  and  pof- 

Etfaorama.  feffion.     As  for  this  extraordinary  way  for  citing  a  parifh, 

ry  citations  .  i      r      •      •  r  i 

rarelv  need-  there  was  more  need  tor  it  at  the  beginning  or  our  happy 

ed  fo  a  well    Revolution,  when  there  were  few  minilters  and  expectants, 
planted  an£{  many  competing  vacancie :    but  now  when  the  chur- 

ches are  generally  planted,  and  feeing  there  is  fuch  a  plen- 
tiful nurfery  of  hopeful  probationers  for  fupplying  the  few 
remaining  vacancies,  there  is  rather  ground  to  fear  that  there 
be  competing  different  calls  from  one  parifh,  than  of  calls 
What  done  in  froni  (fcftinc!  parities  to  one  man  :  But  if  it  fliould  happen 
t  e  ca.e^  o     tn^t  nejther  rninifter  nor  parifh  compear,  then  the  presby- 
pearance.        tsry  is  to  grant  certification  againd  them,  by  holding  them 

as  confenting  to  the  defired  tranfportation. 
Vacancies  §  7»  8y  the  f.-th  act  of  Alfembly  «  694,  it  is  recommend- 

muftfirflef-    ed  to  vacant  parifhes,  That  they  do  not  attempt  a  tranf- 
fay  to  call      portation,  till  they  firft  feriouily  effay  and  follow  other 
probationers.  m€ans  0£  providing  themfelves ;  which  is  indeed  the  fpeedy 
way  to  increafe  the  number  of  labourers  in  the  Lord's 
vineyard,  and  to  continue  others  at  the  place  appointed  for 
their  work. 
How  debates       §  8.  By  that  fame  acl:  of  Aflembly,  all  debates  in  pro- 
in  tranfpor-    cefles  of  tranfportation,   mutt  be  managed  with  that  meek- 
tations fhould  nefg  and  brotherly  kindnefs,  as  becometh  part^  and  mem- 
'   bers  of  the  fome  body  of  Chrift,  and  that  they  reprefent 
their  reafons  and  anfwers  with  perfpicuity  and  brevity. 
Rani  appeal-       §  9.  And  to  prevent  contentious  appeals  hi  inch  mat- 
ers in  tranf-   ters^  jt  js  ordained  by  that  acf,  That  if  both  the  compet- 
when^be     "^  parifhes  be  within  the  fame  presbytery,  in  that  cafe  the 
cenfured.        presbytery's  decifion  fhall  be  obeyed ;  or  if  the  parifhes  be 
m  different  presbyteries,  and  both  pres  yteries  in  the  fame 
fynod,  in  that  cafe  the  deci(ion  of  the  fynod  fhall  take  ef- 
fect    But  with  certification,  that  the  respective  judicatures 
appealed  from  fhall  be  cenfured,  if  they  be  found  to  have 
malverfed  •,  and,  on  the  other  hand,  if  any  be  found  un- 
necefiarily  to  purfue  appeals  and  complaints,  they  ihall  be 
feverely  cenfured  therefor. 
Every  bene-        §  10.  By  the  5th  act  of  Affembly  1 'to?,  the  pr.rifh  cra- 
^CC  ^^  vi°g  tranfportation,  is  to  fatisfy  the  judicature  if  there  be  a 
legal  ftipend,  and  a  decreet  therefor.     It  were  to  be  wifh- 
ed  that  the  church  were  truly  and  better  informed  of  the 

quantity 


Tit.  2.  Church  of  Scotland.  17 

quantity  and  circumftances  of  every  benefice  within  the 
nation,  that  fo  they  might  be  directed  to  apply  according- 
ly ;  and,  for  that  end,  let  presbyteries  be  appointed  to  give 
in  an  exaft  account  of  thefe  within  their  bounds,  that  the 
fame  may  be  infert  and  regiftrate  in  the  books  or  the  Ge- 
neral Aflembly,  conform  to  the  aft  Auguft  31.  1 647. 

§  >  1.  Actual  minifters,  when  tranfported,  are  not  to  be  How  the  {hit- 
tried  again,    as  was  done  at  their  entry  to  the  miniftry :  ablenefs  of 
but  only   the  presbytery,  in  which  the  calling  pariili  lies,  ^^  tried*1 
fhall  judge  of  his  gifts,  fron  what  they  have  heard  of  him  ancj  what  Is 
in  the  exercife  thereof,  whether  they  be  fit  and  anfwerahie  meant  by  e- 
for   the  condition  and   difpofition  of  that  congregation.  minent  con* 
There  are  abilites  reqnifite  to  make  one  a  fit  minifter  for  »ie°tv 
fbme  confiderable  pariihes,  which  are  not  fo  neceffery  to 
one  in  a  fmall  private  parifh.     Eminent  congregations  are 
Inch,  where  are  uni verities,  towns  and  burghs,  places  of 
nobiemens  refidence,  or  frequency  of  Papifts.     See  Aflem. 
•Auguft  2.  1642,  interpreting  the  aft  1596,  concerning  the 
trial  of  minifters,   ratified  December  17.  i6j8,  and  §  lb. 
tit.  1. 

§  1 2.  As  there  ufeth  to  be  folemn  prayer  at  the  fixing  Prayer  is  to 

of  a  minifterial  relation  to  a  certain  charge,  fo  when  that  is  )?e  made  . 

,  ,!  .    j  .  ,  .    .     °         r  '       r  1    *ore  entering 

changed  and  carried  into  another,  it  is  very  tit,  as  is  uled,  upon  ^  pr0_ 

that  light  and  direction  fhould  be  fought  in  fuch  a  weighty  cefs  of  tranf- 
and  concerning  matter  to  the  church,  from  the  glorious  partition. 
God  and  blelfed  Head  thereof,  and  that  immediately  be- 
fore the  judicature  enter  upon  the  procefs. 

§  13.  The  which  day,   anent   the  fummons  touching  Form  of  an 
and  anent  the  citations  given  to  the  laid  Mr  a<^  0*\tranf" 
A.  B.  and  his  laid  parifhioners,  to  have  compeared  before  iX)1 
the  faid  prefbytery,  at  certain  days  now  bynaft,  with  con- 
tinuation of  days ;   the  faid  fummons,  and  all  parties  ha- 
ving intereft,  being  called  in  prefence  of  the  faid  presby- 
tery ;  and  laft  of  all,  upon  the  day  and  date  of  thir  prefents, 
the  faid  purfucrs  compeared  by  their  ccmmiflioner  ; 

and  the  faid  Mr  A.  B.  and  his  parifh.  of  being 

lawfully  fummoned,  and  they  compearing  ;  the  faid 
presbytery  having  heard  and  confidered  the  call  given  to 
the  faid  Mr  A.  B.  by  the  faid  parifh  of  and  the 

reafons  produced  by  the  purfuers  for  inforcing  the  faid 
transportation ;  and  alfo  having  maturely  cdhuaered  the 
good  and  advantage  of  the  church  in  the  faid  tranfporta- 

C  tion, 


•tation. 


18  Government  of  the         Book T. 

tion,  and  being  well  and  ripely  advifed  in  the  haill  premif-- 
i.es;  the  faid  presbytery  (after  calling  upon  God  for  light 
and  direction)  by  their  vote,  have  tranfported,  and  hereby 
tranfports  the  faid  Mr  A    B.  from  the  faid  parifh  of 
to  the  fajd  parifh  of  to  ferve  in  the  work  of  the  mi- 

niftry,  as  their  lawful  pallor  thereat,  and  appoints  Mr  C. 
D.  minifter  of'  to  declare  the  faid  lark  of 

vacant  upon  Sabbath  the  day  of  conform 

to  the  acts,  practice,  and  conftitutions  of  this  church  ufed 
m  the  like  cafes 
How  to  rro-      ^  ,  4#  If  the  congregation  to  which  the  minifler  is  called 
ceed  w  iei>     ^^  jj     jn  ^       kounc{s  0f  another  presbytery,   then  the 

two  panihes  :.     --     ,  j  1  r  i- 

lie  in  difie-    presbytery  to  which  he  beiongs  docs  only  traniport  him, 

rent  judica-  declares  his  kirk  vacant,  and  appoints  him  to  wait  for,  and 

cures.  obey  the  orders  of  the  presbyrery  where  the  charge  lies 

to  which  he  is  tranfported,  as  to  the  time  of  his  adniiffiori 

thereto,     But  if  both,  parrfhes  lie  within  the  bounds  of  the 

judicature  which  tranfports,   then  they  appoint  the  time  of 

his  admiifion  alfo. 

Mimfters  <j  1 5.  If  the  minifler  called  had  not  any  relation  to  a 

"vviihout         particular  charge  in  the  church,  then  the  presbytery  hath 

flocks,  hQW      '  ■    ,     V  ,     .     ,  .  c  1       r  n  c       11 

admitted       nothing  to  do  but  aamit  him  after  the  former  iteps  or  call 

and  edict,  Sec. 
The  mamer      §  16.  When  a  minifler,  formerly  ordained,  comes  to  be 
of  admitting  a(|Plyltlec|  minifler  '.n  fach  a  congregation,  the  fame  is  per- 
formed by  the  presbytery  in  face  of  the  congregation, 
with  the   lame  fblemnities  of  an  ordination ;  only  there  is 
no  re-impoiitjon  ci'  hands,  nor  any  thing  that  is  peculiar  or 
eiTcntial  to  ordination;  ancj  the  only  queftions  needful  are 
fhefe:    1.  If  he  does  adhere  unto,    and  promife,   in   the 
Lord's  ftrength,   to  perform  his  ordination-engagements? 
If  he  hath  had  any  indirect  hand  in  his  own  tranfporta- 
tion  or  admiflion  to  this  parifh  ?    3.  If  he  doth  now  accept 
of  the  charge  of  this  parifh,  and  promife,  in  the  Lord's  af- 
fiftauce>  to  difcharge  all  the  parts  of  the  miqiftcrial  function 
among  them  faithfully? 
TU  form  of      §  1 7.  The  presbytery  of  being  met  at  the  parifh- 

an  a£  of  ad-  kirk  pi  conform  fp  an  appointment  made  by  the 

»n:'irjn-  iaid  presbytery,  dated  to  the  effect  under-written, 

taking  to  conUderation,  that  the  prefer.:  rnagiftrates,  town- 
C'Jiincil,  heritors,  and  elders  of  the  laid  burgh  and  pariib  of 
had  given  a  call  to  Mr  A.  B.  miniiler  of  the 

gofpel 


b* 


• 


Tit.  2.        Church   of    Scotland.  19 

gofpel,  inviting  him  to  be  their  minifler  :  And  ficklike, 
i  hat  the  faid  call  had  been  orderly  prefentcd  to  the  faid 
presbytery,  and  by  them  fuftained  ;  and  alio,  that  the  faid 
call  had  been  accepted  by  the  (aid  Mr  A.  B.  and  that  there- 
upon the  faid  presbytery  had  appointed  the  faid  Mr  A.  B„ 
his  edict  to  be  ferved  upon  Sabbath  the  day  of 

arid  alfo  appointed  a  meeting  of  the  faid  presbytery  for  his 
admiflion,  to  be  held  this  prefent  day  and  place.  The 
faid  presbytery  b  ..ing  now  met  conform  to  the  faid  ap- 
pointment, and  having  fecn  and  confidered  the  faid  edict 
duly  and  orderly  ferved  and  indorfed,  and  returned  con- 
form to  the  practice  of  this  church,  did  caufe  thrice  pu- 
blicly call  ail  having  or  pretending  to  have  interefr,  to 
compear  and  propone  their  objections,  if  they  any  had, 
againft  the  faid  Mr  A.  B.  his  life,  doctrine,  or  qualifica- 
tions, or  againft  the  forefaid  call,  and  the  procedure  there- 
on, above  mentioned,  why  heihould  not  be  admitted  law- 
ful miatfler  of  the  faid  burgh  and  parifli :  but  none  com- 
peared to  object  thereagainft.  Likeas  thereupon  after  fcr- 
raon  preached,  conform  to  appointment  of  the  faid  presby- 
tery by  Mr  C.  D.  miniiler  at  the  faid  presbytery 
did,  in  prefence  of  the  whole  congregation  there  affembled 
for  the  time,  adrsir,  receive,  and  appoint  the  faid  Mr  A. 
.b.  to  be  minifter  of  the  forefaid  burgh  and  pariili,  accord- 
ing to  the  order  and  practice  of  this  church.  And  fick- 
likc,  the  magiftratcs,  to  vn-council,  heritors,  and  elder's 
of  the  faid  burgh  and  pariili,  did  take  the  (aid  Mr  A.  B, 
by  the  hand,  inteilimony  of  their  receiving  him  to  be  their 
minifter.  Extracted  forth  of  the  records  of  the  faid  prcf- 
bytery,  by                       Sec. 

§  18.  Acts  of  ordination  arid  admillion  by  the  presby-  The  eneft 

tery,  are  in  place  of  prefentatjon,  collation,  and  inftlta- 5?    .  J 

.    J  i  /■  r       1  u  r  m  •  i  i       .    •  i    dination  and 

tion,  and  lerve  for  them  all,  as  a  tumcient  and  iegal  title  admiffion 

to  the  benefice.  acts. 

§  19.  Some  things  there  are  which  may  debar  a  man's  impediments 

entering  into  the  minifhy,  and  may  be  reafon  enough  for  to  admillion, 

the  church  to  fliut  the  door  upon  him,  fuch  as  fome  mif-  not  alJaJs 

takes  and  efcapes  offenfive  in  the  life,  that  may  proceed  fewofition?* 

from  raflmefs,  weaknefs,  ignorance,  or  want  of  prudence  : 

yet  when  once  he  is  admitted,  and  entered,  the  like  efcapes 

will  not  be  found  fufficicnt  to  depofe  and  thurft  him  out ; 

C  2  for, 


20  Government  of  the  Book  I. 

for,  "  Multa  impediunt  matrimonium  contrahendum,  quae 
"  non  dirimunt  contraftum." 


TITLE      III. 

Of  Ads \  of  Tranfportability,  ofDemiffions,  and  Mif 
fions,  and  Colleague  Minifter s. 

The  ground    §  i.^I/HEN  a   minifter  labours  under  infupportable 
for,  and  me-  V  r     grievances  in  a  parifh,  whereby  his  miniftry  is 

fccuti^cr ^ds  rcn^crc^  unedifying  to  the  people,  and  uncomfortable  to 
act.  himfelf;  in   the  fc  circumftances    (all  other  means  having 

been  cfTaved  and  proved  ineffectual  for  redrcifmg  his  grie- 
vances) the  pallor  doth  apply  to  the  presbytery  for  a 
of  tranfportability.  Whereupon  they  appoint  one  of  their 
number  to  preach  at  that  kirk,  and  after  forenoon's  fer- 
mon  to  advertife  the  parifh,  being  the  defenders,  to  ap- 
pear before  the  p  esbytery,  on  fuch  a  da\ ,  and  there  hear 
and  fee  their  minifter  obtain  thai  act  in  his  favours,  or  o- 
therwife  to  propone  reafons  in  the  contrary.  Aft»  r  hear- 
ing of  both  parties,  their  brot  er's  complaint  being  d 
relevant  and  verified,  an  aft  of  tranfportability  is  granted. 
The  natnre  §  2.  By  which  aft  the  presbytery  looilth  their  brother's 
and  import  of  relation  to  that  parifh  as  fixed  minifter  thereof,  and  de- 
clares, that  through  their  direftion  and  infpeftion,  he  is  ca- 
pable to  receive  a  call  to  any  other  charge,  without  their 
being  called  as  having  any  intereft  :  yet,  in  the  mean  time, 
till  fuch  an  occafion  «  f  removal  be  offered,  they  do  appoint 
him  to  exerce  his  miniury  in  that  parifh  ;  whereby  his  right 
to  intromit  with  the  benefice  continueth  as  formerly,  the 
aft  of  tranfportability  being  occafioned  through  the  peo- 
ples fault.  But  this  aft  will  be  but  rarely  fought  in  a  well 
planted  church  :  And,  without  granting  it,  the  presbytery 
may  ufe  innocent  and  prudent  methods  for  obtaining  a  call 
to  their  grieved  brother  from  fome  vacant  parifh,  which 
will  as  effectually  anfwer  the  end  as  fuch  an  aft  can  do. 
Upon  the  whole,  this  practice  hath  been  but  rare,  and  its 
expediency,  to  fay  no  more  of  it,  is  difputed  by  maijy. 
The  caufes  §  4.  It  is  in  the  church's  newer  to  accept  of  demiilions 
and  ftile  of  0r  not,  as  they  find  the  grounds  of  them  to  be.  They  ufe 
demiffion.       tQ  ron  ^  fhefe  tQrm%     j  Mf  £  B   minifter  at  C.  for  fuch 

caufes, 


Tir.  3.        Church  of    Scotlakd,  21 

caufes,  demit  my  miniftry  at  the  faid  pari  fh  of  C.  purely  and 
(imply  into  the  hands  of  the  presbytery  of  D.  declaring, 
that  for  my  part,  the  faid  parifh  fhail  be  held  vacant,  and 
that  it  fhall  be  free  to  the  parifh  and  presbytery,  after  due 
intimation  hereof,  by  warrant  of  the  presbytery,  to  call 
and  plant  another  minifter  therein  ;  and  confents  that  this 
be  recorded  in  the  presbytery  books,  "  ad  f urn  rum  rei  me- 
"  moriam".  In  wimcfs  whereof  1  have  fubfcribed  thir 
pre  fonts  at  &x. 

§  4  Which  demiflions  being  received  by  the  presbytery,  The  effect  of 
they  are  thereupon  to  appoint  one  of  their  number  to  preach  a  demiffionu- 
ac   that  kirk,  and  after  forenoon  fermon  to  make   intima-  P.011  mtima~ 
t     1  of  the  acceptation  of  the  demiflion,  and  the  presbyte- 
ry's order  thereon,  to  declare  the  kirk  vacant.     The  exe- 
cution whereof  being  reported  to  the  presbytery,   and  re- 
corded by  them,  they  are  to  proceed  and  plant  that  parifh, 
as  they  do  other  vacant  congregations. 

§  5.  When  the  vacancies  ire  many,  and  the  minifters  in  jn  ^j^  care 
fome  part  of  the  church  fo  few  in  number,  that  it  exceeds  the  national 
the  power  of  cladical  or  provincial  Aflemblies,  in  whofe  Aflen*bly 
bounds  they  lie,  to  fupply  them,  then  the  General  Afllun-  fterV*  i^mif- 
bly  who  is  concerned  in  hcie  bounds,  as  parts  of  the  na-f10n. 
tional  church,  doth  appoint  miniilers  by  way  of  mifTion  to 
fupply  thefe  vacancies:   for  this  fee  the  a&s  of  feveral 
late  Aflemblies  for  fupplying  the  north,  and  the  inftruc'ti- 
ons  given  to  their  com  millions  concerning  that  affair.     As 
alfo,  by  appointment  of  this  church,   miniilers  have  been 
tranfported,  ordained,  and  fent  in  million  to  the  Scots  Afri- 
can and  Indian  company's  colony  in  Caledonia  in  America. 

§  6.  Upon  petition  from  the  molt  partot  the  Scottifhna-  In  what  ca- 
tion in  the  north  of  Ireland,  in  their  own  name,  and  in  name  fes  they  feTK* 
of  the  reft  of  the  Prott  Hants  there,  tothe  GeneraiAtfembiy  in  *££**  chur" 
the  years  164.*,  164.^,  and  1644,  reprefenting the  extreme   T 
necellitv  they  had  of  more  minilters,  and  how  this  church 
had  formerly  fupplied  other  churches  in  Germany  and 
France.     The  Aflembly  being  willing  to  fympathife  with 
every  member  or.  Chrift's  body,  although  never  fo  remote, 
much  more  with   that  plantation  which  was  a  branch  of 
their  own  church,  tney  did  for  fome  years  fend  minifters  in 
mifTion  to  fupply  there,  as  may  be  feen  by  the  printed  acls 
in  the  years  above  named.     But  in  Aflembly  1 690,  fefll 
8.  they  decline  to  fend  any  miniilers  to  Northumberland, 

upon 


ii  Government    of    the  Book  I. 

upon  a  petition  from  fome  in  that  country,  in  refpecl:  that 
thefe  people  do  not  belong  to  this  national  church. 
Churches  &  t.  As  it  is  the  conftant  prayer  and  hope  of  the  reform- 

fhoiildienclto     j  V        ,  ,  \      \-       I  e  r>\^\rJ  \  n     it  i 

the  Heathens.  c"  churcnes,  that  the  kingdom  of  Lnrilt  may  and  ihaU  be 
enlarged,  by  fending  thegofpel  to  the  reft  of  the  Heathen ; 
fo,  in  teftimony  of  the  fincerity  of  thefe  hopes  and  prayers, 
they  mull  be  joined  with  fuiteable  endeavours  for  fpreading 
the  gofpel  among  them.      This  church  hath  not  that  hap- 
py opportunity,  and  invitation  of  concurring  Providence 
to  forward  that  work  that  fome  other  churches  have,  through 
our  want  of  foreign  plantations,  and  by  being  injurioufly 
d^pofleffed  of  what  we  had,  as  the  thirty-eight  minute  of 
the  proceedings  in  parliament  1701  doth  complain. 
When  a  col-        §  v  When  a  parifli,  though  not  of  fo  great  extent  as  to 
league   b       require  a  new  er_£tion,  becometh  fo  numerous,  that  albeit 
needful.    A-  a  minifter's  voice  may  eafily  reach  them  all,  the  feats  being 
g-  5ft      JiCk  conveniently  placed;  yet  he  is  not  able  alone  to  difcharge 
Jho old  have    tne  other  minifterial  duties,  with  that  exacmefs  and  eafe 
both  maime-  which  p  ftors  of  ordinary  pariilics  ma\  do,  it  is  but  rcafon- 
nance  and  a  ak}e>  jn  that  cafe,  to  join  a  yoke-fellow  with  him.     By  the 
.coliea-ae-       a&  of  Aifembly  July  30.    164 1,  it  is  declared,  That  old 
minifters  and  proiellors  of  divinity,   fhall  not  by  their  cef- 
fation  from  their  charge,  through  age  and  inability,  be  put 
from  enjoying  their  old  maintenance  a-  d  refpecl:       i  h:s 
doth  likewifc  agree  with  the  4.8th  act,  chap.  1 .  cf  the  Frenci 
church-difcipline;    and  by  the  book   cf  policy,   chap.  7. 
when  minifters,  through  age,  ficknefs,  or  other  accidents, 
become  unmeet  to  do  their  office,  in  that  cafe,  their  honour 
fhould  ramain  to  them,   their  kirk  fhouid  maintain  them, 
and  others  ought  to  be  provided  to  do  their  office  :     Thus 
they  ftill  enjoy  double  honour,  viz.  reverence  and  main- 
tenance. 
Colfcamies  §  9-  When  a  parifli  findeth  work  for  two  minifters,  and 

muft  ihare  they  divide  the  fame  equally  between  them,  nothing  can 
both  office  ke-  reafonably  alledged  againft  Hearing  of  their  wages  from 
the  parifli  accordingly;  except  it  be  (aid,  that  he  who  gets 
the  firft  call  to  the  greater  benefice,  will  from  that  take  ad-; 
vantage  to  keep  pol'Ieffion  thereof :  which  practice,  how-i 
ever  it  may  receive  protection  from  ftrict  law,  yetjulticJ 
which  is  mixed  with  equity  and  kindnefs,  condemns  it,  fee- 
ing his  helper  or  fecond  is  to  be  always  as  fit  for  the  famej 
charge  as  he,  as  is  appointed  by  Ailerably   1646,  in  the 

firfl 


and  benefice. 


Tit.  4.         Church    of    Scotland.  23 

firfl:  remedy  propofed  againft  the  corruptions  of  the  mini- 
ftry. 

§  jo.  When  he  who  had  the  greater  ftipend  (it  having  To  which  the 
been   neglected   at  his  entry  to  oblige  him  to  divide  the  panfhjnajro- 
fame  equally  with  his  colleague)  is  now  removed  by  death,  j^     an<jJ 
or  otherwife,  then   the  parifh.  is  not  obliged  to  allow  the  when, 
fiirviving  colleague  to  fucceed  to  and  uplift  the  firft  fti- 
pend, except  he  be  content,   and  engage  to  amend  his  pre- 
deceffcr's  manners,  which  if  he  refufc  to  do,  at  the  light  of 
his  callers  and  the  presbytery,  then  let  him  on'y  enjoy  the 
ftipend  to  which  he  was  called    But  the  mod  effectual  way 
and  proper  feafbn  for  obliging  colleagues  to  (hare  their  be- 
nefices, is  thus  to  be  done  at  their  calling  and  admiilion  : 
Jnfert  in  the  call,  that  as  he  is  to  be.  one  of  the  minifters  of 
fuch  a  parifh,   fo  he  is  to  have  the  half  of  the  ftipend  :  and 
let  his  ordination  and  admiflicn  acl  carry  that  fame  qualifi- 
cation: But  colleagues,  of  confent,  may  prevent  this.  Public  mini- 

§11.  By  the  act  of  Aflembly  December    ly.  i8.  anno  fterial  work 

i  b<%,  one  of  the  minifters,  without  advxeof  his  colleague  J?  t0  *?e  Per" 
t  .    ».  c  ■  G    .'  rorm'dbvmu- 

is  not  to  appoint  diets  or  communion  nor  examination,  net-  tuaj  conYer!t 

ihcr  to  hinder  his  colleague  from  catechizing,  (to  wit,  from  and  private' 

houfe  to  houfe),  and  ufing  other  religious  exercifes,  as  oft  diligence  not 

as  he  pleafeth.     But  now  the  kirk-fcillon  doth  direct  as  to  t0,  be  iunder" 

thefe  diets,  for  communion  cfpeciaHy. 

§  12    Colleagues  are  to  apply  fhemfelves  to  doctrine,  How  they  are 

according  to  the  gifts  wherein  they   moil  excell,  and  as  to  apply  their 

they   ihall  agree  betwixt  thcmfclvcs;    fee  Directory  for  Slfcj* 

preaching  the  word. 

TITLE     IV. 

Of Expe '  Bants  y  as  alfo  Students  and  Eur  far  s. 

§  1 .  HP  HE  presbytery  is  not  only  to  hinder  thofe  whom  whothevare 
*-  they  know  to  be  unfit,  from  entring  upon  their  that  the  pref- 
trials  ;  but  alio  they  are  to  look  out  for,  and  ftir  up  fuch,  bytery  fhould 
whofe  gifts  are  promifirjg,  to  flibmit  themfelves  unto  trial,  ™°ur^ 
and  that  albeit  the  one  were  a  profeffed  itudent  of  theolo-  trials. 
gy,  and  the  other  were  not. 

§  1    Before  any  presbytery  invite  fludents  to  pals  their 
trials,  they  are  to  be  fatisfled  as  to  the  fobndhefs  of  their 

principles, 


upon 


24  Government    of    the         Book  I. 

Wherein  the  principles,  and  of  their  fober,  grave,  prudent,  and  pious 
prcsbvterv  is  behaviour.     And  it  is  appointed,  that  fuch  perfons  mall 
before  they    Pro^uce^  before  the  presbyteries  whp  admit  them  to  trials, 
invite  flu-     fufficient  teftimonials  from  the  minifters  of  the  parifhes 
dents  to       where  they  lived,  and  from  the  legally  efbblifhed  presby- 
*??'  uPon     teries  in  whofe  bounds  they  redded,  and  alfo  from  the  pro- 
feflors  of  divinity  ;  fee  the  ioth  aft  of  Aflembly  j  ^94. ;  as 
alfo,  by  an  aft  of  the  Aflembly  thereafter,  it  is  recommen- 
ded to  presbyteries,  before  any  be  admitted  to  trials,  that 
they  fee  their  teftimonials  of  their  patting  their  courfe  in 
philofophy,  and  their  obtaining  their  degrees  of  mailers  of 
arts  in  fome  univerfity.     And  by  the   13th  aft  of  Aflem- 
bly  1696,  probati  ners  that  apply  to  presbyteries  are  not 
only  to  bring  fufficient  teftimonials,  but  alfo  a  letter  of  re- 
commendation from  a  perfon  known  to  the   presbytery. 
And  by  the  5th  aft  of  Aflembly  170c,  teitimonials  from 
profeflbrs  of  theology,  in  favour  of  fuch  as  are  to  enter  u- 
pon  their  trials,  are  not  to  be  regarded  by  presbyteries,  un- 
lefs  they  bear  their  knowledge  of  thefe  they  recommend  to 
trials,  as  to  their  moral  and  pious  carriage,  as  to  their  pro- 
grefs  in  their  {Indies,  and  their  promifing  parts,  and  of  their 
good  affcftion  to  the  government  of  church  and  ftate,  and 
fitnefs  to  ferve  the  church. 
Expectants         ^  ^  ^he  trja]s  0f  a  ftudent,  in  order  to  his  being  licen- 
fed  to  preach  the  gofpel,  do  confift  in  thefe  parts,    1.  the 
homily,  which  is  a  difcourfe  upon  fome  text  of  holy  fcrip- 
ture  affigned  unto  him  by  the  pn  sbytery,  and  delivered  be- 
fore them  in  private.    2 .  The  exegefis,  which  is  a  difcourfe 
in  Latin  upon  fome  common  head  of  divinity  appointed  him 
by  the  presbytery,  and  delivered  before  them,  at  which 
time  alfo  he  gives  in  the  fubftance  of  his  difcourfe,  com- 
prifed  in   a  fhort  thefis  or  doctrinal  proportion  in   paper 
which  he  is  to  defend,  at  the  presbytery's  next  meeting,  a- 
gainll  two  or  three  minifters  who  are  appointed  to  impugn 
his  thefis.      3.  The  presbyterial  exercife  and  addition  :  the 
exercife  gives  the  coherence  of  the  text  and  context,  the 
logical  divifion,    and  explanation  of  the  words,  clearing 
hard  and  unufual  phrafes,  if  any  be,  with  their  true   and 
proper  meaning  according  to  the  original  language,  and  o- 
ther  parallel  places  of  fcripture,  propofmg  and  anfwering 
any  textual  queftions  that  occur,  and  then  a  plain  and  flion 
paraphrafe  upon  the  text :  this  is  ordinarily  the  work  of  one 

halj 


Tit.  4.         Church    of    Scotland. 


25 


half  hour.  The  addition  gives  the  docuinal  proportions  or 
truths,  which,  without  (training,  may  be  deduced  from 
the  text  fo  explained,  with  reafbns,  applications,  and  perti- 
nent improvement  and  application,  as  the  other  half  hour 
will  allow.  4.  A  lecture,  or  expofition  of  a  large  portion 
of  fcripture,  ordinarily  a  whole  chapter,  5.  A  popular 
fermon.  Thefe  three  peices  of  exercife,  viz.  presbyteriai 
exercife,  lecture,  and  popular  fermon,  are  to  be  in  the  pul- 
pit before  the  people.  6.  He  is  to  be  tried  in  his  know- 
ledge of  the  original  languages,  by  interpreting  a  portion 
of  the  Greek  NewTeflament,  ad  aperturam  tibri ,  and  read- 
ing and  expounding  a  portion  of  fome  Pfalm  in  Hebrew. 
Of  his  knowledge  of  facred  chronology,  ecciefiaftic  hif- 
tory,  efpecially  of  our  own  church,  anfwering  extemporary 
cjueftions,  of  the  meaning  of  hard  places  of  fcripture,  on 
heads  of  divinity,  polemic  or  practical,  on  cafes  of  con- 
science, on  church-government  and  dlfcipline,  and  is  like- 
wife  to  be  tried  as  to  his  piety,  prudence,  and  former  god- 
ly converfation,  acl:  of  AiTembly  January  30.  1698. 

§  4.  by  the  10th  acl  of  AiTembly  1 704,  presbyteries  are  Some  trials 
appointed  to  lay  it  on  fome  of  their  number  to  examine  the  ^re  previous 
(Indents  in  their  own  prcfence  upon  the  feveral  heads  of  di-  t0  &&&• 
vinity,  and  the  government  of  the  church,  and  to  know 
what  reafon  they  can  give  of  their  faith,  and  if  they  can 
anfwer  to  fome  principal  objections  of  adverfaries  agarnift 
it,  and  that  previously  to  all  other  parts  of  their  trial.  From 
all  which  it  appears,  that  from  the  beginning  of  trials,  to 
the  time  they  are  licenfed  to:  preach  the  gofpel  as  probati- 
oners for  the  miniflry,  they  are  a  full  half  year  cxerci- 
Jed  in  order  thereto,  allowing  the  ordinary  meetings  for 
presbyteries  to  be  once  a  month.  Which  time  for  trials 
will  yet  be  longer,  if  we  coniuler  the  13th  acl  of  AiTem- 
bly 1708,  appointing  private  trials  concerning  his  feme 
and  experience  of  religion,  yet  previous  to  all  thefe  men- 
tioned. 

§  5.  By  the  3d  acl  of  Adembly  r  697,  Eke  commiffioa-  jbcfcecbitts 
ers  from  the  feveral  presbyteries  within  this  church,  are  to  and  ftudeats 
bring  in  an  account  to  the  General  AiTembly  yearly,  of  all  name.-*  to  be 
expectants  or  probationers  for  the  miniflry.     As  alio,  of  all  tTh^AfTemblv 
itudents  who  attend  leiTons  of  theology  in  universities,  and  books. 
perform  the -exercifes  enjoined  them  there,  that  their  names 
may  be  read  in  onen  AiTembly,  and  recorded  in  their  regi- 

D  iter: 


an. 


26  Government    of    the        Book  I. 

fter  :  Which  is  a  mean  to  bind  all  candidates  for  the  mi- 
niftry  to  a  circumfpec~f.  walk,  that  the  church  may  receive 
good  impreflions  of  them. 
Form  of  an  a&  §  6.  At  the  day  of  The  which  day  the  pre f- 
Bcenfing  one  bytery  of  taking  to  their  confideration,  that  in  obedi- 
^ofreT^ancf  ence  to  ^evera^  a&s  °*  General  AfTemblies  made  anem  trials 
his  teilimoni-  m  order  to  preaching,  they  had  upon  the  day  of 
a!,  and  re-  received  fufficient  teftimonials  in  favours  of  Mr  A.  B  ftu- 
commendati-  Jent  ]n  divinity,  and  that  thereupon  they  had  appointed 
fome  of  their  number  to  make  fearch  and  inquiry  into  the 
literature  and  behaviour  of  him  the  faid  Mr  A.  B.  Which 
brethren  having  upon  the  day  of  reported,  That 
according  to  the  appointment  forefaid,  they  had  privately 
taken  trial  of  his  knowledge  in  divinity,  and  of  what  fenfe 
and  impreflion  he  had  of  religion  upon  his  own  foul ;  and 
that  they  hadcaufe,  from  whattheyfoundin  the  forefaid  tri- 
al, to  judge  him  fit  to  be  received  and  entered  upon  pub- 
lic trials,  in  order  to  his  being  licenfed.  Whereupon  they, 
the  faid  presbytery,  had  admitted  the  faid  Mr  A.  B.  upon 
probationary  trials,  who  having,  in  all  the  ufual  parts  there- 
of, at  divers  times  thereafter,  acquitted  himfelf  to  their  fa- 
tisfacTion  and  approbation;  therefore  they  did  and  hereby 
do  License  the  faid  Mr  A  B  to  preach  the  gofpel  of 
Chriil  as  a  probationer  for  the  miniftry  within  their  bounds, 
lie  having  in  their  prefence  undertaken  the  ufual  engage- 
ments appointed  by  the  act  •  of  this  church.  Extracted  &c. 
Nota,  thefe  engagements  are  here  omitied,  brevitam  cau- 
fa,  vtde^jeq*  At  his  removal  out  of  the  bounds  of  the 
presbytery  w  here  he  was  licenfed,  his  teftimonial  is  in  this 
form.  At  the  day  of  The  which  day,  the 
presbytery  of  do  teftify  and  declare,  That  Mr  A. 

B.  preacher  of  the  gofpel,  has,  fince  his  being  licenfed  by 
them,  preached  fevcral  times,  both  at  their  appointment 
and  the  defire  of  particular  brethren  within  the  bounds,  to 
their  fatisfaclion  ;  and  that  his  carriage,  fo  far  as  they  know, 
hath  fince  that  time  been  pious,  exemplary,  and  edif  ing, 
as  became  a  preacher  of  the  gofpel,  and  that  he  hath  been 
obfequious  to  all  their  appointments ;  therefore  they  do  by 
ihefe  prefents  recommend  the  faid  Mr  A.  B.  accordingly  to 
any  presbytery  where  God  in  his  providence  fhall  catt  his 
lot,  for  all  due  and  fuitable  encouragement  from  them. 
Extracted,  &c. 

§7. 


Tit.  4.         Church    of    Scotland.  27 

§  7.  By  the  10th  a6r.  o^  AfTembly  *6o  r,  it  is  appointed,  A  probation- 
that  when  perfons  are  firft  licenfed  to  preach,  they  fhall  ob-  e*"'s  engage- 
lige  themlelves  toj  preach  only  within  the  bounds,  or  by  I?cnt^o  when 
the  direction  of  that  presbytery  which  did  licenfe  them ;  and 
they  fhall  alfo,  by  promife  and  fupplication,  engage  them* 
felves,  that  they  fhall  be  fubjec"r.  to  the  faid  presbytery,  ot- 
to any  other  church-judicature,  where  in  Providence  they 
fhall  have  their  abode,  and  that  they  fhall  follow  no  divifive 
courfe ;  which  engagement  is  to  be  infert  in  the  body  of 
their  licenfe.  Vide  lib.  3.  tit  8.  §  1  t. 

§  8.  By  that  fame  aft  it  is  appointed,  that  when  they  are  whatpresbv- 
remcv'mg  from  that  presbytery  which  did  licenfe  them,  teries  or  pa- 
they  fhall  carry  with  them  an  extract,  of  their  licenfe,  and  pfh5s  a  pro" 
a  teftimonial  of  their  carriage,  which  they  are  to  produce  ,^c^c^  -m 
to  fome  presbytery  conuituted  by  the  legal  eftabliihrnent,  -cinci  when  to 
or  at  leaft  to  fome  minifter  therein,  before  they  preach  with-  renew  his  en- 
in  that  bounds;  which  minifter  is  not  to  employ  them,  ex-  g^g"1^3- 
cept  in  his  own  pulpit,  till  he  give  notice  thereof  to  the 
presbytery  at  their  next  meeting.     And  they  are  then  to  re- 
quire the  fame  fubjection  and  orderly  carriage  from  them, 
during  their  abode  in  that  bounds,  to  which  they  were  en- 
gaged to  the  presbytery  by  which  they  were  licenfed. 

§  9.  And  in  cafe  any  probationers  fhall  have  their  licen-  How  fenten. 
fes  (ufpended  or  recalled,  for  error  in  doctrine  or  malvcrfe  ces  againfc 
in  converfation,   then  intimation  fhall  be  made  thereof  by  tiiep  %>uM 
the  judicature  which  hath  fo  cenfured   them  to  the  neigh-    c  maniti  QC- 
bouring  judicatures,  or  where  they  fhall  underftand  the  faid 
probationers  are,  that  (o  none  may  employ  them  to  preach. 

§  to.  And,  Jaftly,  by  the  fame  aft  it  is  declared,    That  T]evhaveno 
probationers  are  not  to  be  efteemed,  by  themfelves  or  o-  paftoralbffice 
thcrs,  to  preach  by  virtue  of  any  paftoral  office,  but  only 
to  make  way  for  their  being  called  unto  a  paftoral  charge. 

§  1  1.  It  is  the  laudable  practice  of  fome  presbyteries,  to  gefore  iicci> 
licenfe  no  probationers  till  they  acquaint  their  neighbouring  feig,    other 
presbyteries,  that  fuch  perfons  are  palling  their  trials  be-  presbyteries 
fore  them.     And  upon  a  return,   that  they  know  nothing  actluainte  • 
that  fhould  impede  their  being  licenfed,  then  they  proceed. 

§  !  2.  Every  presbytery,  confiding  of  twelve  minifters, 
is  appointed  to  maintain  a  burfar  (that  is,  one  out  of  the  ¥       prls  - " 
common  purlc)  and  where  the  number  is  fewer  than  twelve,  maintain  a 
they  fhall  be  joined  to  another  presbytery.     See  aft  of  Af-  burfar. 
fembly,  Aug.  7.  1641. 

D2  §13. 


28  Government    of    the         Book  T. 

The  quant  it  v       §  r34  Every  burfarmud  have  yearly  paid  him  an  hun- 
fimd,  cdlec-  dred  pounds  Scots  at  lead,  the  fund  whereof  ought  to  be 
t:o-  andean-  the  panahies  exacted  of  delinquents,  and  fcandalous  perfons, 
^-r!^/^  ty  tne  civil  magidrate,  and  by  him  delivered  to  the  kirk r 
tenan.ee.  "  "  'e^1Gns-     But  *f  r^at  ™\\,  then  the  kirk-boxes  in   thefe 
pre'byteries  are  to  be  proportionally  dinted  by  them,  accor- 
ding to  the  number  of  communicants  in  each  parifli;  which 
maintenance  of  an  hundred  pounds  is  to  be  collected  by 
the  moderator,    of  the  which  the  feveral  fynods  are  to  take 
account,  and  their  books  are  to  bear  the  report  thereof  to 
the  General  -Xilembly.      It  is  alfo  appointed,   that  the  a- 
bode  of  burfars  at  Schools  of  divinity  exceed  not  four  years. 
Vide  act  of  AiTcmbly,  Feb.  7.  1645. 
Qualifications       §  [4.  By  the  fame  act,  burfars  of  theology  are  appoint* 
01  bqrlars,     e  j  to  bring  with  them  yearly  from  the  univerfities,  tef- 
anc^owj ;cv  tjmonj;,js  0f  tQl,jr  gQ0Ci  behaviour  and    proficiency:  and 
''  that  none  be  chofen  for  bnriars  by  presbyteries,   but  fuch 
as  are  of  good  report,  and  have  pad  their  courfe  of  philo- 
fophy;  and  their  qualifications  are  to  be  tried  likewife  be- 
fore they  go  to  univerhties,   conform  to  acts  of  AfTem- 
blies  1 O47,  48,  and  49.     And  by  the  5th  act  of  Ajlembly 
1705,  it  is  ordained,  that  in  no  parifh  the  minider  recom- 
mend youth  to  be  taught  in  Latin  upon  charity  in  any  gram- 
mar -fchool,  but  fuch  as  be  dexterous  in  reading,  and  can 
write,  and  fuch  as  he  judges  to  be  of  virtuous  inclinations; 
which  trial  is  to  be  inprefence  of  fome  elders,  and  no  fchook 
mailers  are  to  teach  any  upon  chanty,  but  upon  fuch  re- 
commendations.    Item,  it  is  ordained  that  preibyteries  ap- 
point a  committee  of  their  number  yearly  to  examine  poor 
fchoiars  in  grammar-fchools,  that  fo  none  of  them  be  dif- 
fered to  proceed  to  colleges,  with  an  eve  to  burfaries,  but 
fuch  as  are  of  good  behaviour,  and  proficients  in  the  Latin  : 
and  miniflcrs  are  to  recommend  none  to  burfaries  not  fo 
qualified  :  and  maders  of  colleges  are  to  Jauriate  no  bur- 
fars, but  upon  clear  evidence  of  fufncieiu  learning  and  good 
behaviour,  after  in i£c  examination. 
Poor  fbi^erts       §  '  5'  ^or  E^e  Detter  breeding  of  young  men  to  the   miT 
tho'  not  liur-  nidry,    who  are  net  able  to  maintain themfelves  at  univer- 
fars,  are  to  Sties,  ('nor  perhaps  find  that  favour  as  to  get  burfaries),  pref- 
bc  infected  byteries  where  iuch  refideare  appointed  to  direct  their  du- 
-'dies.     Acrjuneib.Aflbm.  1646. 

§  16. 


Tit.  4.        Church    of    Scotland.  29 

§  16.  In  order  to  the  advancement  and  increafe  of  the  Burfars  ha- 

knowledge  of  God  in  the  highlands,  by  the  act  of  AfTem-  ving  the  Irifh 

bly  ;70(,  it  is  recommended  to  feveral  fynods  to  main-  languag^  elK 

/'^^ii  1       .        1      ▼  ,•  n    1  c  couraged. 

tarn  a  nurfar  or  theology,  having  the  lnih  language,  out  or 

their  own  purfes.  And  by  the  13th  act:  of  Aflembly  j  704, 
in  refpect  the  lowland  presbyteries  be-fouth  Tay  are  com- 
petently planted,  and  that  the  promoting  of  knowledge  in 
the  highlands  is  of  common  concern,  therefore  it  is  appoint- 
ed, that  the  one  half  of  all  burfaries  of  the  presbyteries  be- 
fouth  Tay  be  beitowed  on  ftudents  having  the  Iriili,  at 
lead  the  half  thereof:  which  act  is  to  continue  at  leaft  for 
four  years,  and  longer,  if  there  ftiall  be  found  need. 
And  by  the  n\\  aft  of  Aflembly  1707,  contributions,  and 
erecting  of  focieties  for  the  maintenance  of  poor  fcholars, 
are  to  be  encouraged  by  judicatures,  and  the  commiftions 
of  Aflemblies. 

§  ;  7    By  the  act  of  Aflembly  February  7.  1645,  it  is  None  mint 
appointed,  that  notwithftanding  of  any  progrefs  any  may  J^aP  ?ver  *he 
pretend  to  have  made  privately  in  their  ftudics,  yet  in  the  burt  ^.^  ^ 
college  they  ftiall  not  at  firft  enter  to  any  higher  clafs  than  four  years 
that  wherein  the  Greek  language  is  taught ;  and  being  en-  courfe  before 
tered,  they  fhall  proceed  orderly  through  the  reft  of  the  degrees, 
clafles,  untill  they  finifti  the  ordinary  courfe  of  four  years; 
and  otherwife,   that  none  be  admitted   to  the  degree  of 
matter  of  arts,  unlefs  the  faculty  of  arts  find  him  to  be  of 
extraordinary  learning. 

§  18,  By  that  fame  act  it  is  appointed,  that  none  be  al-  Nor  doth  any 
lowed  to  enter  the  Greek  dais,  but   fuch  who  are  found  advance toan 
can  make  congruous   themes  in   Latin,  and  are  not  to  be  t«f  Ssprofi- 
promoted  to  an  higher  clafs,  till  it  be  found  that  they  un-  ting  in  the 
derftand  what  was  taught  them  in  the  lower.     The  annual  lower  does 
examination  of  ftudents  at  the  firft  fitting  down  of  col-  aP?ear- 
leges,  looketh  as  if  fomething  like  this  were  intended:  but 
the  beft  effects  that  fuch  examinations  do  ordinarily  now 
produce,  may  be  the  doing  of  jufrice  upon  fome  poor  igno- 
rant ftudents,  in  keeping  them  back  from  advancing  to 
higher  clafles  :  and  as  for  the  reft  who   pay  the  mafters 
their  ordinary  dues,  they  are  only  thereby  excited  to  be  at 
more  than  ordinary  pains  for  fome  i'cw  days.     It  is  a  piece 
of  juftice  done  to  the  world,  that  thofe  who  are  to  gain  and 
live  by  their  learning,  ftiouid  not,  under  that  pretence,  be 
iuffercd  to  impofc  upon  men  by  ignorance  or  craft  •,  for 

what 


o 


o  Government    ot    the        Book  I. 


what  a  great  deal  of  hurt  are  immoral,  ignorant,  crafty,  and 
idle  fcholars,  capable  to  work  in  their  generations?  Let 
them  be  directed  and  obliged  to  ferve  their  time   in  fome 
honed   vocation,  where  the  want  of  fo  much  knowledge 
cannot  do  fo  great  prejudice;  otherwife,  it  is  highly  rea- 
fonable  they  fhould  Rudy  to  have  accomplishments,  and  a 
Conversion  fuitable  to  the  profeffion  and  character  they 
bear  in  the  world 
Such  as  re-        §  .  9.  By  that  fame  net,  none  who  have  entered  to  one 
move  toother  college  fhould  be  admitted  to  any  clafs  in  another,  than 
colleges,         tnat  wnerejn  ne  waSj    Qf  foould  have  been  in  the  college 
teftimoaials     ^*rom  whence  he  came  ;  nor  be  admitted  without  teflimo- 
withthem.      nials  from  the  former  mailers,  both  concerning  his  litera- 
ture and  dutiful  behaviour,  that  fo  thefe  who  have  been 
rejected  or  removed  as  unwo;  thy  or  ignorant  by  one  col- 
lege, may  not  be  admitted  or  promoted  in  another.     And 
Who  are  to  in  order  to  the  better  education  of  young  men  for  the  mi- 
be  employed  njftry.  by  the  2  id  act  of  AiTcmbly  1696,  it  is  recommend- 
m  theological  e&  t0  profeflcrs  of  divinity,  that  they  require  of  fuch  ltu- 
exerciies?       dents,  ^s  they  employ  in  any  exerci  fes,  teftimonials  from 
univerfities  where  they  have  ftuditd,  and  the  places  where 
they  have  lived. 
Univerfities         $  20.   By  the  act.  of  Aflembly  Auguft  ult.  1647,  lt  's 
muft  inferuct.  recommended  to  univerfities   to    take  an  account  of  all 
batft-day    "    t^e,r  ^cno^aTS  on  t>ne  Sabbath-day,  of  the  fermons,  and  of 
their  leflbns  on  the  catechifm. 


TITLE    V. 
Of  Schoolmajlefs,  and  InftruSors  of  Youth. 

Qualifications  §  i.  "DY  the  17th  acl  of  King  Will,  and  Queen  Mary's 

or  fuch  as  bear  -        D  parliament,   it  is  ordained,  That  no  profelTors, 

fch    kb*  aAa  PrJncipn's>  regents,  matters,  or  others,  bearing  office  in  any 

of  parliament  univerfiry,  college,  or  fchool,  within  this  kingdom,  be  ci- 

and  Aflembly.  ther  admitted  or  allowed  to  cc-ntinue  in  the  exercife  of  their 

faid  functions,  but  fuch  as  do  acknowledge  and  pfbfefs,  and 

fnall  fubferibe  the  ConfelTion  of  Faith,  and  fwear  the  oath 

cf  allegiance,   (and  now  they  mud   fubferibe  the  fame, 

with  the  a (Tii ranee,  vide  act  6.  pari.  1693.),  and  withal  fhall 

be  found  of  a   pious,  loyal,   and   peaceable  cohverfation, 

and  of  good  and  furficient  literature  and  abilities  for  ther 

refpecYivc 


Tit.  5.        C h ukch    of    Scotland.       •     31 

refpeclive  employments,  and  fubmitting  unto  the  govern- 
ment of  the  church  now  fettled  by  law.  And  by  the  »oth 
aft  of  Aflembly  1700,  all  presbyteries  are  appointed  to 
take  fpecial,  particular,  and  exacl  notice  of  all  fchoolma- 
fters,  chaplains,  governors,  and  pedagogues  of  youth  with- 
in their  refpeclive  bounds*  and  oblige  them  to  fubfcribe 
the  ConfefTion  of  Faith ;  and  in  cafe  of  continued  negli- 
gence, (after  admonition),  error,  or  immorality,  or  not  be- 
ing careful  to  educate  thefe  under  their  charge  in  the  Pro- 
tectant Reformed  Religion,  the  presbytery,  with  refpecl  to 
fchool mailers,  is  to  apply  to  the  civil  magiflrates  of  burghs, 
and  heritors  in  land-ward  ;  and  with  refpecl  to  governors, 
chaplains,  and  pedagogues,  to  their  mailers,  for  removing 
fuch  perfons  from  thefe  offices  :  and  if  this  be  not  reme- 
died by  them,  that  the  presbytery,  with  refpecl  ro  fchool- 
maflers,  apply  to  the  commiffion  of  parliament  for  vifita- 
tion  of  fchools  and  colleges :  And  it  is  appointed,  that  an 
1  account  be  given  in  every  half  year  to  the  presbytery,  by 
mini'lers,  what  fchoolmafters,  chaplains,  governors,  and 
pedagogues,  are  in  their  refpeclive  pariihes  And  by  the 
1  }th  adl  of  AfTembly  1 706,  fuch  as  have  power  of  fet- 
tling fchoolmafters,  are  to  prefer  thereto  men  who  have 
paft  their  courfe  at  colleges,  and  have  taken  their  degrees, 
before  others  who  have  not,  ceteris  paribus, 

§  2,  By  the  adl  of  Aflembly,  December  17.  18.  1638,  The  work  of 
presbyteries  are   to  fee  that  fchools  in  land- ward  pariihes  a  land-ward 
be  fettled  with  able  men,  for  the  charge  of  teaching  the  fchoolmafter' 
youth  public  reading,  and  precenting  of  the  pfalm,  and 
the  catechifing  of  the  common  people.      Which  teaching  of 
the  youth  I  underftand  to  be  teaching  to  read,  write,  and 
know  the  principles  of  religion,  according  to  the  adl  of  Af- 
fembly  Auguft  3.  1642  ;  and  by  that  fame  acl,  every  pref- 
bytery  feat  and  burgh  is  to  have  a  grammar  -fchool. 


TITLE 


$2  Government    of    the  Book  t 

TITLE    VI. 

OfDoffors,  and  Prof cffbrs  of  Theology. 

The  fe"ti-     $  i.    \  Ccording  to  the  fifth  chapter  of  the  Policy  of  the 
Xu4h°about  -^""k'  *n  tne  General  A'flembly  1581,  the  office 

the   do&or's  of  the  doctor  or  catcchifer,  is  one  of  the  two  ordinary  and 
office.  He  is  perpetual  functions  that  travel  in  the  Word.     He  is  to  open 

fu°chpait°r  ^  ^Pth?  mind  ofthe  Spirit  °f  God  {'mP1y'  without  rucn  ap- 
plications as  the  miniiters  ufe.     They  are  fiich  proierly 

who  teach  in   fchools,  colleges,  or  uni  verities :     But  to 
preach  unto  the  people,  to  adminifter  the  facraments,  and  to 
celebrate  marriage,  do  not  pertain  to  him,    except  he  be 
called  and  ordained  thereto.     If  the  paftor  be  qualified  for 
it,  he  may  perform  all  the  parts  of  the  doctor's  office,  that 
being  included  in  the  paftcral.     By  the  2d  article,  chap. 
1 1.  of  the  Difcipline  of  the  French  church,  a  doctor  in  the 
church  cannot  preach  nor  administer  the  facraments,  uniefs 
he  be  bcrh  debtor  and  miniftei*.     And  when  the  General 
AfTembly,  February    10.    1645,   ratifies  the  propofitions 
.  fent  to  them  from  the  Affembly  of  Divines  at  Weftminfter, 
concerning  church-government,  and  ordination  of  minifters, 
they  expreisly  provide,  rhatthe  prefent  ratification  fhall  be 
noways  prejudicial  to  the  further  difcuflion  and  examina- 
tion of  one  of  the  articles  or  propofitions,   which  holds 
forth,  that  the  doctor  or  teacher  hath  power  of  the  admi- 
ftration  of  facraments,  as  well  as  the  paftor. 
Catechifts,  or      §  2.  Though  the  office  of  a  deacon  is  included  in  the 
doctors,         office  of  a  ruling  elder,  yet  it  is  fit  that  fome  be  appoir.t- 
^°^Uet^sch  ed  deacons,  diflinft  from  that  of  the  elder;  fo,  albeit  the 
and  in  large  office  of  a  doctor  be  included  in  that  of  the  paftor,  yet  it 
parlfiies.     '   were  very  fit  that  fbme  not  iri  the  facred  order  of  the  mi- 
niftry  were  ordained  and  fet  apart  to  teach  and  catechif| 
the  people,  efpecially  in  large  and  incommodious  parifhes, 
(See  $  3.  of  the  preceeding  title,)  as  well  as  in  fchools  and 
colleges. 

Svnodsareto       §  j.  By  the  act  of  AfTembly  February  13.   1645,  fori 
report  to  the  encouragement  to  fcholars  for  profeilions  in  fchools,  it  iJ 
Aiiembly  the  retommeruJed  t0  fynods,  to  try  who  within  their  boundj 
fcholars  fit  to  rnoft  probably  may  be  for  a  profcflion  in  the  fchools,  am 
be  profeflbrs.  report  their  name:  to  the  General  Aiiembly,  that  they  ma] 

b 


Tit.  6.        Church    of    Scotland.  33 

be  ftirred  np,  and  encouraged  by  them  to  frame  their  flu-  No  paftor  can 
dies  for  fuch  places.     This  cumulative  power  doth  noways  be  compelled 
prejudge  or  hinder  the  faculty  of  an  univerfity  (which  hath  ?1f£lve  ^"j1" 
power  and  right  to  elect)  from  doing  of  the  fame      It  were  jng  a  °cj  ^ave 
to  he  wifhed,  that  this  cuftom  of  fynods,  reporting  to  Ge-  his  paftoral 
neral  AfTemblies  the  names  of  fuch  as  are  fit  to  be  profef-  charge, 
fors,  were  again  revived,  and  more  exactly  practifed ;  for 
it  would  prevent  the  tranfporting  of  minifiers  to  be  only 
teachers  or  maftersin  univerfities,  which  is  an  appointing  of 
him  to  exercife  the  office  of  a  doctor,  and  difpenfing  with 
him  from  preaching  of  the  word,  and  adminiftrating  of  the 
facraments :  Which  difpenfation,  or  the  loofing  of  which 
tie,  if  it  be  a  favour,   it  can  never  be  impafed  upon  any 
paftor  without  his  own  confent:  but  if  it  be  a  punifhment, 
it  can  be  inflicted  upon  none  without  their  fault.     It  is  liker 
a  commutation  of  offices  than  a  tranfportation  :  or  if  he  ftiil 
continue  to  be  a  paftor,  his  paftoral  talent  is  thereby  but 
much  hid  in  a  napkin.     By  the  3d  article,  ?d  chap,  of  the 
French  church-difcipline,  doctors  and  profeflbrs  of  divinity 
fhall  be  elected  and  tried  by  the  fynods  of  the  province 
where  the  academies  are. 

§  4.  By  the  5th  chap,  of  the  Policy  of  the  kirk  of  Scot-  The  doctor  as 
land,  the  doctor,  being  an  elder,  is  to  afTift  the  paftor  in  the  fochnoruKng 
government  of  the  kirk.     And  by  the  act  of  AfTembly  meer'doaoi-S 
Auguft  4.  1643,  profeflbrs  of  theology  cannot  be  elected  can  be  mem- 
commifTioners  to  General  AfTemblies,  except  they  be  mi-  berof  Afieru- 
nifters ;  fo  that,  as  doctors,  they  are  not  ruling  elders,  and    iies* 
the  AfTembly  confifts  of  none  but  paftors  and  ciders :  there- 
fore, as  doctors,  they  cannot  be  members  of  church  judica- 
tures for  government  and  ruling ;  fee  §.  1.  huj.  tit. 

§.  5.  By  the  act  of  AMembly  June  tS.  1646,  profeffors  Profeflbrs 
of  divinity  are  dented  to  prefer,  t  their  dictates  to  the  next  <"&ates  may 
General  AfTembly ;  but  they  declined  at  that  time  to  make  j)y  Gene*ai 
any  act  about  i:  for  the  future,  till  further  confederation.     Aficmblies. 


E  TITLE 


34  Government    of    the  Book  L 

TITLE     VII. 

Of  Ruling  Elders. 

Why  called    $  I.  T  TE  is  called  a  ruling  elder,  becaufe  to  rule  and  go- 
ruling  elder.  -I  J-  vern  the  church  is  the  chief  part  of  his  charge 
and  employment  therein  ;  and  albeit  he  may  act  as  a  dea- 
con, yet  his  principal  bufinefs  is  to  rule  well,  and  it  be- 
longs not  to  him  to  preach  or  teach. 
Election  of        $  i  .  If  there  be  a  total  vacancy  of  miniders  and  elders 
elders.           in  a  parifh,  the  presbytery  fhould  intimate  to  the  heads  of 
families,  to  meet  with  fome  of  their  number  on  an  appoint- 
ed day,  a  ud  then  name  elders.     But  if  the  matters  of  fami  • 
lies  do  not  keep  the  appointment,  then  the  presbytery  are 
to  nominate  and  chufe  the  perfons  to  be  elders.     In  cafe 
the  vacancy  be  not  total,  then  the  minider  and  elders  do 
chufe  fuch  as  fhould  be  added  to  their  own  number  from  a- 
mong  the  heads  of  families,  and  the  fitted  and  moll:  expe- 
rienced of  them  may  be  fuppofed  to  be  among  the  deacons ; 
fee  AlTembly  x^ugud  i.  1642. 
Their  trial.       §  3*  The  triai  is  to  be  by  the  minitter  and  elderfhip  of 
the  congregation;  or,   in  cafe  of  the  want  of  thefe,  by  the 
presbytery  ;  and  they  are  to  be  tried  both  with  refpeel:  to 
their  convcrfation,  and  alfo  of  their  knowledge  in  the  prin- 
ciples of  religion,  and  their  ability  and  prudence  for  go- 
vernment. 
-  .  »        c         §  4.  before  ordination  of  elders,  the  names  of  the  per- 
their  edict.     f°ns  nominated  and  tried  in  order  thereto,  are  to  be  pub- 
licly intimate  to  the  congregation ;  whereby  all  are  requir- 
ed, in  cafe  of  their  having  any  objection  that  is  relevant 
and  true  againd  their  ordination,  to  reprefent  the  fame  to 
the  kirk-feifion. 
Ordination         §  5*  Their  ordination  is  to  be  by  the  minider  of  the  con- 
of  elders.       gregation  ;  or  by  one  from  the  presoytery,  in  the  cafe  a- 
bove  fuppofed,  in  preferlce  of  the  congregation,   upon  a 
Lord's  day  after  fermon  is  ended  in  the  forenoon :  at  which 
time,  the  minider  calling  upon  the  perfons  chofen  to  be  el- 
ders, they  are  to  be  interrogate  concerning  their  orthodoxy, 
and  to  be  taken  folemnly  engaged,  to  adhere  to,  and  main- 
tain the  doctrine,  worihip,  difcipline,  and  government  of 


Tit  7.         Church    of    Scotland.  %$ 

the  church,  and  to  lay  themfelves  furth,  by  their  office  and 
example,  to  fupprefs  vice,  cherifh  piety,  and  exerce  dif> 
cipline  faithfully  and  diligently.  Then  the  elders  chofen, 
Hill  (landing  up,  the  minitler  is  next,  by  folemn  prayer,  to 
fet  them  apart,  in  verbis  de  prafenti.  After  prayer  the  mi- 
niftcr  is  to  exhort  both  elders  and  people  to  their  refpective 
duties. 

§  6.  In  cafe  an  elder  change  his  refidence,  by  removing  ^n'  aamir" 
into  another  congregation,  if  the  feifion,  upon  a  favory 
report  concerning  him,  fhall  think  fit  to  add  him  to  their 
number;  then,  if  he  be  content  to  accept,  his  edict  is  to 
be  ferved,  arid  he  is  thereafter  admitted  into  the  feflion; 
his  Qualifications  having  been  tried  already  in  fjie  congre- 
gation  where  he  was  ordained. 

§  7.  As  the  paftors  and  doctors  fhould  be  diligent  in  Duties  of  el- 
teaching,  and  fowing  the  word  of  God,  fo  the  elders  fhould  . s  ™ore 
be  careful,  in  ieeking  after  the  fruit  thereof  among  peoples 
lives.  They  are  to  aifift  the  pallor  in  the  examination  of 
them  that  come  to  the  Lord's  table,  and  in  vihting  the  lick  : 
They  fhould  caufe  the  acts  of  Aflemblies  to  be  obeyed  : 
They  fhould  be  diligent  in  admonifhing  all  men  of  their 
duty,  according  to  the  rules  of  the  Evangel.  And  things 
that  they  cannot  correct  by  private  admonition,  they  fhould 
bring  to  theelderfhip.  See  the  Heads  of  the  Policy  of  the 
Kirk. 

§  8.  By  the  ecclefiaflic  remedies  againft  profanenefs,  They  have 
enacted  in  the  Aflembly  Auguft  10.  1648,11  is  appointed,  particular 
that  every  elder  have  a  certain  bounds  afiismed  him,   that       P^,01,;^ 

i  t       .       r  t  1      n  1  parifh  (called 

he  may  vihc  the  fame,  every  monrh  at  leait,  and  to  re-  quarters  In 

port  to  the  feflion  what  fcandals  and  abufes  are  therein,  Scotland)  af- 

or  what  perfons  have  entered  without  teftimohials  :  and  it  %\e^  them 

were  fit,  that  then  fome  time  were  fet  apart  for  prayer:  t°  VMyilontn; 
j.  irri         ii        n       111       ri  tJ^  ly,anareport 

and  it  were  alio  fit  that  elders  mould  always  keep  an  exact 

lift  of  all  examinable  perfons  within  their  quarters,  and 

thereunto  put  marks,  to  difiinguiili  communicants  from  the 

ignorant  and  fcandalous,    and  the  poor  and  indigent  from 

fucli  as  need  not. 

§  9.  The  duties  of  elders  which  are  more  public  are  Their    more 

thefe  which  lie  upon  them  in  the  Aflemblies  of  the  church;  public  duties 

in  which  ruling  cider.,  have  right  to  reafon  and  vote  in  all  )ct^e-ricled. 

matters  coming  before  them,  even  as  minifters  have:  for 

to  General  Aflemblies,  their  commiffiohs  bear  them  to  the 

£  2  fame 


36  Government    of    the         Book  I. 

fame  power  with  paftors.  Howbeit,  by  the  practice  of  our 
church,  the  execution  of  fome  decrees  of  the  church  doth 
belong  to  the  paftors  only;  fuch  as,  the  impofition  of  hands, 
the  pronouncing  the  fentences  of  excommunication  and 
sbfolution,  the  receiving  of  penitents,  the  intimation  of 
fentences  and  cenfures  about  minifters,  and  fuch  like.  In 
mort,  the  elder  is  to  fpeak  nothing  to  the  church  from  the 
pulpit. 
Number  of  el-  §  I0-  The  number  of  elders  in  every  congregation  is 
iters,  2nd  to  be  more  orlefs,  according  to  the  number  of  people  there- 
their  contmu-  jQj  anc{  plenty  of  fit  and  qualified  perfons  for  that  charge  ; 
and  when  they  are  once  lawfully  called  to  the  office,  they 
may  not  leave  it  .gain,  while  their  gifts  and  abilities  for 
difchargh:  •  the  fame  do  continue.  Albeit  in  fome  congre- 
gations, fuch  a  number  of  elders  may  be  chofen,  fo  as 
one  part  of  them  may  relieve  another  for  a  reafonable  time, 
from  the  burden  and  exercife  of  their  office,  as  was  done 
among  the  Levites  under  the  law.  See  the  book  of  Policy, 
chap.  6. 

TITLE     VIII. 

Of  Deacons. 

,  §  i.  r  J  ^  HE  word  Deacon  is  fomerimes  largely  taken  for 

deaco»*is  tV-  a^  tnat  ^>ear  °^cc  m  tne  rniniffxy,    and  fpi- 

I.cn ;  the  of-  ritual  function  in  the  church  :  but  commonly  it  is  taken  for 
(icedefcrihed.  that  ordinary  and  perpetual  ecclcfiaflicai  office  in  the  kirk 
rhewflioo  0f  Chrift.  to  whom  the  collection  and  diflribution  of  the 
wants  amis  °f tne  faithful,  and  ecckfiaftical  goods  do  belong.  See 
them.  chap.  8.   of  the  Policy  of  the  kirk  :     Where  it  follows, 

that,  feeing  this  office  is  of  divine  inftitution,  it  is  an  un- 
warrantable omiffion  in  fome  congregations,  that  either 
they  put  no  difference  betwixt  eiders  and  deacons,  or  elfc 
they  neglect  to  appoint  any  to  the  office  of  a  deacon.  See 
tit  6.  §  i.  I  do  not  think  it  reafonable  or  very  confident, 
for  any  to  be  zealous  againfr.  adding  to  the  kinds  of  office- 
bearers of  Chrifl's  appointment,  while  they  are  active  irt 
or  connive  at  the  diminution  of  any  of  them,  if  it  be  faid, 
the  elder  is  a  deacon,  1  anfwer,  albeit  the  paftor  includes 
the  office  of  doctor,  elder,  and  deacon,  yet  feeing  thefe 
arc  of  divine  inftitutian,  reverence  is  in  [o  far  due  unto  it 

as 


Tit.  8.         Church  of    Scotland.  37 

as  ro  fet  up  theft*  diftinct  offices :  as  nothing  fhould  be  added 
to  the  divine  inftitution,  upon  pretence  of  imagined  decen- 
cy or  order  in  the  invention,  fo  nothing  ought  to  be  dimi- 
nifhcd  therefrom,  upon  pretence  that  fomethingsin  the  in- 
ftitution are  needlefs  orfu^erfluous. 

§  .-..  As  to  what  refpects  the  election,  trial,  ordination,  Their  elec- 
admiffion,  continuance,  and  number  of  deacons,  the  fame  fame  w^h  ei_ 
method  may  be  ufed  about  them,  as  was  done  concerning  ders. 
elders,  mutatis  mutandis, 

§  j.  The  duties  of  deacons  may  be  reduced  to  thefe  Duties  of 
heads  collected  from  Mr  Guthrie's  treatife-o£-eld€£S  and  deacons', 
deacons,  and  the  heads  of  the  Policy  of  the  kirk.  1. 
That  they  take  exact  notice  of  the  poor,  and  that  they 
timeoufly  make  their  cafe  known  to  the  feflion,  to  the  end 
their  ftraits  may  be  relieved,  and  fo  their  breaking  out  in- 
to begging  may  be  prevented.  2.  They  are  to  collect:  and 
receive  that  fapply  for  the  poor,  which  the  members  of 
that  congregation,  or  ftrangers,  fhall  be  inclined  to  offer. 
3.  That  the  money  fo  received  be  faithfully  delivered  to 
the  felTion,  according  to  whofe  judgement  and  appointment 
the  deacons  are  to  diftribute  the  church-goods.  In  which 
matters  they  have  a  decifive  vote  with  the  eiders :  but  in 
other  cafts  their  opinion  is  only  confultative,  and  they  may 
be  always  prefent.  4.  That  they  take  care  of  orphans  and 
idiots,  and  fnch  as  want  knowledge  and  ability  to  difpofe 
of,  and  order  the  things  that  concern  their  food  and  rai- 
ment. 5.  They  are  to  take  care  that  what  belongs  to  the 
poor  be  not  dilapidated,  or  mifapplied.  6.  They  are  to  ac- 
quaint the  mini  Iters  and  elders  of  the  (ick  within  their  quar- 
ters, that  fo  they  may  be  vifited,  and,  if  need  be,  fupplied. 
7.  By  the  9th  chapter  of  the  Policy  of  the  kirk,  deacons 
were  nor  only  to  collect  and  diftribute  the  ordinary  alms, 
but  all  the  church-goods,  teinds,  &c.  and  uplift  and  pay 
to  the  minifters  their  ftipends.  1  his  were  indeed  a  work 
proper  for  their  office,  an  eafe  to  the  miniiter,  and  would 
prevent  much  noife  and  offence  that  is  raifed  when  char- 
ges to  make  payment  are  given,  either  at  their  own  in- 
itance,  or  in  name  of  their  affignecs  or  factors.  ¥.  They 
may  be  employed  to  provide  the  elements,  to  carry  them, 
and  ferve  the  communicants  at  the  Lord's  table. 


TITLE 


38  Government    of    the         Book  I. 

TITLE    IX. 

Of  Moderators  of  Church-judicatures. 

It  is  convem-§  i*  CEeing  the  moderator  is  frequently  called  to  exer- 
ent  the  mode-  ^  cife  the  power  of  order,  as  folemn  public  ecclefi- 
rator  beami-a^jc  prayer  at  leaft  twjce  every  feffion,  to  wit,  at  its  firft 
nifter.      His  •  j    t  i    r  i  i 

work   and     opening,  and  then  at  its  doling,  authoritative  exhoutation, 

power.  rebuke,  direction,    it  is  convenient  the  moderator  be  always 

a  minifter:  But  if  any  afTec!  this  office,  he  fhould  be  op- 
pofed  in  his  ambitious  purpofes.  The  perfon  chofen  to 
be  a  moderator  fhould  be  of  fucli  abilities  that  he  can  dif- 
charge  the  following  work,  viz.  He  is  to  look  on  himfelf 
as  the  mouth  of  the  meeting ;  he  is  to  take  on  him  authori- 
ty, yet  looking  on  it  as  theirs,  not  his;  he  is  to  fee  all  the 
rules  for  decency  and  order,  prefcribed  by  the  judicature, 
exactly  kept  and  obferved ;  he  is  to  acquaint  the  judica- 
ture of  all  the  affairs  that  lie  before  them,  and  may  propofe 
the  mod  fpeedy  method  how  to  difpatch  them ;  he  is  to 
keep  the  members  from  interrupting  one  another,  and  from 
fpeaking  among  themfcives,  or  from  directing  their  dif- 
courfe  to  any  other  than  to  himfelf;  he  fhould  likewifc  keep 
members,  in  their  fpeaking,  clofs  to  the  prefent  bufinefs ; 
any  thing  that  is  fpoken  impertinently,  he  is  calmly  to  re- 
fers it,  according  to  its  demerit,  that  greater  heats  may  be 
prevented  and  diverted  ;  laflly,  after  the  matter  hath  been 
fully  reafbned  on  all  hands,  then  he  is  briefly  to  reftimi 
the  fabftance  of  what  hath  been  fpoke,  and  thereupon  flare 
the  vote,  and  put  the  queflion.  If  the  vote  be  equally 
carried,  then  the  moderator,  (who  never  votes  but  in  that 
cafe)  may  caft  it :  and  if  he  be  non  liquet,  then  the  quefli- 
on may  be  put  again  at  fome  other  time.  The  moderator 
may  likewife,  upon  any  extraordinary  emergency,  by  his 
circular  letters,  convene  presbyteries  and  lynod;,  before 
their  ordinary  time  of  meeting :  So  may  the  moderator  of 
the  lafl  General  AfTembly,  only  they  fhould  be  fure  to 
have  fufiicient  ground,  and  fo  cautious,  as  to  have  a  mul- 
titude of  counfellors  to  warrant  and  fupport  their  adven- 
ture. 
No  afleflbrs  §  2.  Our  judicatures  chufe  no  afTefTbrs  to  their  modera- 
te our  mode-  tors,  only  he  ordinarily  prevails  with,  or  invites  the  moft 
rators,  ex . 


Tit.  io.         Church  of  Scotland.  39 

experienced  to  fit  near  him,  that  he  may  have  them  ready- 
to  direct  and  advife  him ;  and,  in  abfence  of  the  prefent 
moderator,  his  predecefTbr  in  that  chair  moderates ;  and,  in 
cafe  of  his  abfence,  the  eldeft  minifter. 

§  : .  There  is  no  conftant  moderator  but  in  kirk- fefTions,  No  conftant 
where  the  minifter  moderates  ex  officio ;    and  if  there  be  moderator, 
colleagues,  they  moderate  by  turns.     Every  prefbytery,  fe^*^  '^he 
before  they  fall  about  bufinefs,  chufe  one  of  their  brethren  manner  of 
to  be  moderator,  who  continues  for  fix  months,  from  one  their  election, 
provincial  fynod  to  another ;  but  the  moderators  of  fynods 
and  aflemblies  are  changed  at  every  new  fynod  and  ahem- 
bly.     The  manner  of  chufing  the  moderators  of  thefe  ju- 
dicatures is  thus  :  A  lift  is  propofed  by  the  former  modera- 
tor of  two  or  three;  which  lift  is  ordinarily  approved,  with 
the  addition  of  one  or  two  more ;  out  of  which  lift,   the 
candidates  having  firft,  by  turns,  given  their  voice,  and  re- 
moved, the  moderator  is  chofen  by  the  fufTrages  of  the  mi- 
niftcrs  and  elders,  and  let  in  the  place  of  the  former  mo- 
derator. 

§  4.  It  is  the  privilege  of  all  the  members  of  any  free  The  privilege 
judicature,  to  propofe  a  vote,  and  have  it  put  to  the  que-  °f  members, 
ftion,  provided  it  be  feconded  by  another  member,  and 
that  although   both  the  moderator  and   other  members 
fhould  oppofe  the  motion. 

TITLE    X. 

Of  Clerks,  Readers,  and  Precentors. 

§  1.  |7  Very  judicature  of  the  church  is  to  have  a  clerk  Aclerk,hise- 
-*-J   of  their  own  chufing,  to  record  their  acts.   They  lection,  ad- 
are,  I  think,  as  free  courts  as  any  councils  of  royal  burghs,  miffi.on>  and 

L  L.       '■  r  11-11  i  1  ,  rnntinrmtirp. 

on  whom  the  lmpofing  a  clerk  is  declared  to  have  been 
I  contrary  to  law,  by  the  meeting  of  eftates  1689.  At  his 
jadmiflion,  he  is  to  give  his  ozth  de  fideli,  and  continues  ei- 
Irher  during  pleafure  or  life,  as  they  pleafe  to  make  it  :  But 
Jin  cafe  neither  of  thefe  be  clearly  exprefled  in  his  act  of  ad- 
ImifTion,  then  it  is  to  be  underftood  only  during  pleafure, 
(ibecaufe  all  judicatures  are  ftili  fuppofed  to  retain  their  li- 
berty to  difmifs  fervants  when  they  will,  unlefs  a  furren- 
|lder  or  reftriclion  of  that  liberty  be  proven. 
§  2.  Acts 


continuance. 


40  Government    of    the        Book  I. 

How  far  ex-      §  2.  A&s  and  deeds  under  clerks  hands  are  probative 
tra<?s  .are      writs,  and  the  warrants  thereof  are  prefumed ;  yet  fo,  as 
if  they  be  recently  quarrelled,  the  warrants  mult  be  pro- 
duced.    No  wife  clerk  will  give  an  extract  till  the  mi- 
nutes of  that  diet  have  firft  been  read.    The  extracts  prove 
what  was  done  by  the  judge,  or  what  was  faid  or  ailed ged 
by  parties,  but  they  do  not  prove  that  the  things  alledged 
were  true,  except  in  fo  far  as  the  inftruc'tions  thereof  are 
exprefled.     See  Stair's  lnftitut.  page  088. 
Aclerkisnot       §  3*  Albeit  clerks  be  very  near  of  kin  to  parties,  yet 
to  be  decli-  confidering  the  knowledge  and  faithfulnefs,  that  in  charity 
ne£k  is  fuppofed  to  be  in  church-judicatures,  it  may  be  thought 

that  they  will  rather  over-rule  their  clerk,  than  he  them  ; 
and   therefore  he  cannot  be  declined.     In  inferior  civil 
courts,  where  frequently  there  is  but  one  judge,  and  it  is 
known  the  clerk  doth  commonly  excel  him  in  knowledge, 
in  which  cafe  a  declinator  fhould  be  fuflained;  and  another 
appointed   to  be  clerk  to  that  procefs  in  his  place,  who  is 
not  of  near*  kin  to  the  party. 
The  firft  rife       §  4-  At  the  beginning  of  the  Reformation,  when  there 
of  readers,     was  fuch  a  fcarcity  of  minifters,  and  few  of  the  people 
They  are  now  COuld  either  read  themfelves,  or  had  ever  heard  the  word 
cea  of  God  publicly  read  in  their  own  language;    our  re- 

formers, in  the  year  160^,  did  appoint  men  to  read  the 
Common  Prayers  and  Scriptures,  till  thefe  churches  fnould 
be  furnilhed  with  minifters :  but  now,  feeing  there  is  fuch 
an  increafe  of  knowledge,  and  plenty  of  teachers,  there 
is  no  public  reading  of  the  word,  except  by  fuch  as  are 
Jicenfed,  or  ordained  to  preach  it,  and  can  help  the  hear- 
ers to  underftand  the  meaning  thereof. 
Precentors  §  5«  Precentors,  or  chanters,  are  they  who  begin  and 

their  office!  order  the  tune  of  the  pfalm  that  is  to  be  fung,  and  there- 
by cirecl  the  church's  muiic :  By  the  vulgar  fort  they  are 
yet  called  readers,  though  improperly.  They  are  in  mod 
congregations  clerks  to  the  kirk-fefiions  ;  fee  book  II.  tit. 
1 .  §  25. 
Beddals,their  §  6.  BeddaH,  or  beedlcs,  are  by  our  judicatures  called 
office  and  officers.  They  are  to  the  church  what  the  apparitoreJl 
qnalifieari-  were  to  civil  courts,  viz.  magi ftr alum  mini jtri>  qui  eorumh 
jujfa  exequuntur,  {o  called,  quia  prcefto  funt,  objeqmntur^ 
que  magtfiratibui.  At  their  admiffion  they  give  their  oath 
defideli,  becaufe  their  executions  bear  faith.     1  hey  flioulq  Y, 

u 


• 


ons. 


Tit.  ii.      Church   of    Scotland.  4t 

be  perfons  of  a  blamelcfs  life,  and  were  affected  to  the  church 
eftablifliment,  who  will  notdifcover  the  fecrets  of  the  ju- 
dicature ;  and  they  fhould  alfo  be  fuch  as  can  read  ihd 
write. 

TITLE    XI. 

Of  Kirk-fejfions* 

§.  i.   A  Lbeit  in  a  feffion  the  miniftef  is  moderator  ex  of-  No  minifter 
£*■  ficio,  as  hath  been  faid,  yet  he  hath  by  right  no  «*uft  ufurp  6* 
more  power  thereby  than  the  moderators  of  other  church-  vertliekiil011« 
judicatures.     See  the  aft  of  the  General  Aflembly  Decem- 
ber 17    16^8,  anent  voting  in  kirk- feffions;  minifters  mo- 
derating therein  are  not  to  ufurp  a  negative  voice  over  the 
members  of  his  feffion  ;  and  where  there  are  two  or  more 
minifters  in  one  congregation,  that  they  have  equal  power 
in  voting,  that  one  of  them  hinder  not  the  reafoning  or  vo- 
ting of  any  thing,  being  agreeable  to  the  acts  and  practice 
of  the  kirk  ;  and,  even  in  that  cafe,  voting  and  reafoning 
upon  any  fubjecT:  can  never  be  hindered,  it  being  ^confid- 
ent with  the  liberty  of  a  free  court  to  be  impeded  or  com- 
pelled :  But  the  debate  may  perhaps  furnifh.  ground  for  a 
protection  or  appeal.     See  tit.  8.  §  6. 

§  2.  The  kirk-feffion  confifts  of  one  or  more  minifters,  Conftituents 
jand  of  the  elders  of  the  congregation  ;  and  it  is  mod  con-  °*  ,a  (cl*10n> 
jvenient  they  meet  weekly,  on  a  week-day,  after  fcrmon;  their  meet- 
for,  on  the  Sabbath,  matters  of  civil  right,  fuch  asdifchar-  ing. 
ging  of  the  almoner's  intromiflions,  fecuring  of  money,  or 
ordering  of  diligence  for  recovering  the  fame,  ought  not 
to  be  treated  or  concerted  by  any  man,    and  far  lefs  by 
■church-guides,  whole  office  it  is  to  check  that  profanity  in 
others.     The  deacons  are  always    prefent,    not  for  difci- 
pline,  but  for  what  relates  to  their  own  office.     Ignorant 
and  fcandalous  perfons  are  to  he  put  off,  and  kept  off  from 
ki:  k-feffions.     See  ac"t  of  Aflembly,  Augulf.  10.  j  648. 

§  3.  The  matters  treated  by  them,  are  what  concern  Matterstrer-i^ 
church -discipline,  and  the  worfhip  of  God  in  that  congre-  cd  by  them, 
gation,  as,  what  days  of  the  week  are  meeteft  for  aflem- 
bling  to  public  worfhip,  and  what  hour  on  the  Lord's  day 
before  and  after  noon;  when  it  is  feafonable  for  parochial 
falls  and  thankfgivings  j  what  times  are  fitted  for  catechi- 

F  fing 


42  Government  of  the         Bodk T. 

fing  and  vifiting  of  families ;    how  often,    and  when  the 
Lord's  fupper  is  to  be  celebrated.     They  are  likeways  to 
inquire  into  the  knowledge  and  fpiritual  ftate  of  the  mem- 
bers of  the  congregation,   whom  they  are  to  admonifh  or 
encourage  as  they    fee  caufe,  and  to  exclude  from  the 
Lord's  table  all  who  are  found  ignorant  or  fcandalous. 
According  to       §  4.  In  the  ordering  of  all  which  matters,  nothing  is  to 
what  role.       ke  done  by  them,  but  what  is  according  to  the  fettled  or- 
der and  practice  of  this  church  :  and  if  there  be  any  new 
or  difficult  emergency  that  caufeth  doubting  or  hesitation, 
the  matter  is  to  be  referred  to  the  prefbytery,  for  their  di- 
rection and  authority. 
Seem  con-        §  5.  By  the  5th  chap.  28th  and  30th  articles  of  the 
feffions  not^   French  church-difcipline,  confiflories  ihall  not  give  certi- 
t(\      F^.1"  hxates  to  magi  ft  rates  by  act  or  othcrwife,  nor  fhall  parti - 
what  cafes,     cular  members  of  confiflories  difcover  unto  any  the  con- 
fefTions  of  penitents,  which  voluntarily,  or  by  admonitions 
given  them,  Ihall  have  confefled  their  faults   unto  them, 
except  it  be  in  the  cafe  of  treafon.     And  as  for  crimes 
which  fhaJl  be  difclofed  to  miniflers  by  thofe  who  delire 
conniel  and  confolation,  they  are  injoined  not  to  reveal 
them  to  magiflrates,  fearing  lead  blame  fhould  be  drawn 
en  the  miniftry,  and  finners  for  the  future  fhould  be  dis- 
couraged to  come  to  repentance,  grid   make  confelfion  of 
their  faults,  which  fhall  Hand  good  in  all  crimes  confeded, 
except  it  be  treafon.     It  fhould  be  confidered  that  none  of 
the  reformed  churches  of  France  had  the  happinefs  always 
to  have  thofe  of  their  own  religion  to  be  their  conllant 
judges;  and  the  reputation  of  the  Proteftant  religion  was 
not  tenderly  treated,   nor  duly  regarded,  when  confiflorial 
delations  againfl  their  brethren  were  made  to  Popifb  judges, 
1  Cor.  vi    1.  ".Dare  any  of  you,  having  a  matter  againfl 
"  another,  go  to  law  before  the  unjufl,  and  not  before  the 
"  faints?"  in  the fe  times,  when  the  church's  enemies  have 
power  and  authority:  But  now,  when  the  civil  judges  own 
the  fame  way  of  God  with  the  church,  what  fhould  hinder 
them  to  inform  the  magiflrate  againlt  delinquents,  both  to 
their  and  others  terror. 
Frivy  cen-  §  6.  In  every  feflion  there  ought  to  be  twice  in  the  year 

kreinfeffions  privy  cenfures  of  the  members,  clerk,  and  beddal.     The 
odhowtobe    -'  Ekeir  privy  cenfures  in  the  prefbytery, 

*  ------  beta  before  the  felLon.     In  the  ma- 

naging 


Tit.  ir.         Church    of    Scotland.         43 

naging  of  this  cenfure,  the  members  are  one  after  another 
to  be  removed,  and  then  the  reft  of  the  members  declare 
what  they  have  obferved  concerning  the  convention  of  him 
removed,  and  of  his  diligence  and  prudence  in  his  ftation. 
It  is  to  be  remembered  by  all  church -judicatures,  at  their 
privy  cenfures,  that  no  member  judicially  delate  another, 
nnlefs  fecret  fatisfaclion  hath  been  fought  and  refufed. 
After  elders,  deacons,  clerk,  and  beddal,  have  pad  their 
cenfure,  each  of  them,  as  they  are  called  in,  is  either  to  be 
admonifhed  before  all,  or  others  im powered  to  do  it  pri- 
vately; or  elfe  they  are  to  be  encouraged  as  need  requi- 
red!. 

§  7.  By  the  aft  of  Adembly  Auguft    19.  1639,  the  Sefiion-hooks 
books  of  kirk-fefTions  are  to  be  prefenied  once  a  year  to  \°  be  tnea  h7 
the  prefoytery,  that  they  may  be  tried  by  them  ;  or  when  r   yearly. 
there  is  a  vifitation  of  the  parifh  by  the  prefbytery.     Af- 
fembly  Auguft  10.  164.8. 

§  S.  By  the  aft  of  A iTcmbly  February  12.  164.5,  lt  is  Eachfeffionis 
recommended  to  every  kirk-felTion,  to  buy  the  printed  acts  tor     ?A(r 
of  the  Aflembty,  and  prefbyteries  are  ordained  to sraye y yrea ^  an(j 
account  thereof,  and  fynods  are  to  crave  account  from  pref-  to*  obferve 
byteries.     And  it  is  added  to  this  act:,  by  the  1 8th  of  the  them. 
AiTembly  1  705,  that  the  agent  for  the  kirk  in  all  time  co- 
ming, after  every  AiTembly,  fo  foon  as  the  acts  thereof 
fhall  be  printed,  tranfmit  as  many  copies  of  the  fame  to 
every  prefbytery  as  there  be  parifhes  therein,  and  both 
prefbyteries  and  feifions  are  ordained,  at  their  firft  meeting 
after  receiving  the  faid  acls,tocaufe  read  fo  many  of  them 
as  are  of  public  concern,  in  order  to  their  obferving  there- 
of; and  all  this  to  be  upon  the  charges  of  the  feveral  pref- 
byteries and  feffions. 

§  9.  By  the  4th  article  of  the  5th  chapter  of  the  French  The  kirk- 
church-difcipline,  it  mall  not  be  permitted  to  eftablifh  other  *&*  \s  luf" 

*  *  .  tic  lent  alone 

council  for  any  churcrnbufinefs  whatfoeVer ;  and  if  in  any  for  rcforma. 
other  church,  there  (hall  any  other  council  be  eftablifhed  tion  of  man- 
different   from  the  confiftory,    it  fhall  furthwith  be  fUp- ners  in  a  pa- 
prefled:  Neverthelefs,  the 'confiftory  may  fometimes  call  l^'ivlli-^ 
to  its  aid  fuch  of  the  church  as  fhall  be  thought  convenient,  ftrates  con- 
and  that  the  ecclefiaftical  matters  be  treated  of  only  in  the  currence. 
place   where   the  confiftory  doth  aftemble.     They  have 
lately  creeled  in  England  focieties  for  reformation  of  man- 
ners,' not  without  fome  feeming  (uccefs  againft  vice  and  im- 
F  2  morality, 


44    -       Government  of  the  Book L 

morality,  which  is  commendable  and  requifite  there,  until 
the  difcipline  and  government  of  their  church  be  more 
pure,  and  better  reformed  :  But  for  the  church  of  Scot- 
land, as  now  eftablifhed,  to  imitate  that  example,  befide 
that  it  might  become  an  introduction  to  innovations,  it  would 
refemble  a  vain  youth's  bringing  wide-fleeved  coats  in  fa- 
fhion,  becaufe  fome  perlons  of  quality,  who  had  a  d'ftem- 
per  in  their  arms,  were  neceffitated  to  caufe  make  them 
wide  for  their  own  eafe.  The  author  of  the  Stage  con- 
demned, page  .  5.  proves  ftage-plays  to  be  condemned  in 
fcrioture  by  this  argument,  that  which  God  hath  appointed 
fufficient  means  to  accomplish,  it  is  unlawful  for  men  to 
appoint  other  means  to  p.ccomplifh  it.  But  God  hath  ap- 
pointed fufTicient  means  for  recommending  virtue  and  dif- 
countenancing  vice,  without  the  flage:  Ergo,  it  is  unlaw- 
ful for  men  to  appoint  the  flage  for  recommending  virtue 
and  difcountcnancing  vice.  And  the  fame  argument,  mui 
tans  mutandis,  militates  againfr.  thefe  new  lay-focieties  for 
reformation  of  manners  in  the  church. 

TITLE     XII. 

Of  Presbyteries. 

The  conftitu-  §  l  •  r  1  HHi  s  judicature  confifts  of  all  the  pallors  within  the 
entsofapref-  -*-     bounds,  and  one  ruling  elder  from  each  parifh 

bytery,  their  therein,  who  receives  a  commilTion  from  the  elderihip  to 
quorum,  and  ke  3  member  0f  t[je  orefbytery,  and  reprefeiat  them  there 
time  of  meet-    ...    .  r        11     :  -t^  •'  , 

to*  till  the  next  lynod  be  over  :    lhus  twice  a  year  there  are 

new  eleftions  of  the  ruling  elders.  The  number  of  pa- 
rifhes  aflbciated  in  prefbytcries,  for  their  mutual  help,  is 
determined  by  authority  of  the  national  fynod,  December 
1  .  18.  1^38,  article  8.  as  the  adjacency  of  the  congrega- 
tions, and  the  eafinefs  of  travelling  doth  beft  allow. 
Where  there  are  collegiate  miniiiers,  that  feilion  may  fend 
as  many  ruling  elders.  The  directory  for  government  faith, 
That  to  perform  any  cladical  aft  of  government  or  ordina- 
tion, there  (hall  be  prefent,  at  leaft,  a  major  part  of  the  n:i- 
mftcrs  of  the  whole  clajjis.  Prefbytcries  fnould  meet  every 
third  week,  and  oftner,  if  bufinefs  require  it :  But  of  this 
fee  §  3.  of  ibis  title. 

§  2.  Every 


Tit.  12.      Church  of    Scotland,  45 

§  t.  Every  meeting  of  a  prefbvtery  is  to  begin  with  a  Prefbbyterial 
fermon  by  one  of  the  brethren  appointed  formerly  for  that  exe"cl^es  and 
effect,  upon  a  text  afligned  him  by  them,  except  when  common  iea 
probationers  or  intrants  fupply  the  pulpit  in  their  public 
trials.  The  half  of  the  time  allowed  for  this  prefbyterial 
exercife  is  to  be  taken  up  in  the  explicatory  and  analytic 
part  of  the  text,  and  in  anfwering  textual  and  critical  que- 
ftions  and  difficulties;  this  part  of  the  work  is  called  ma- 
king, and  requires  more  efpecially  the  gift  of  the  doctor. 
The  other  half  of  the  time  allowed  is  to  be  taken- up  in 
raifing  of  doctrines  and  obfervations  from  the  text,  and  ap- 
plying them  in  their  feveral  ufes;  which  lad  part  is  called 
adding)  and  it  requires  more  efpecially  the  gift,  and  necef- 
farily  the  authority  of  the  parlor.  After  the  exercife  is  o- 
ver,  and  the  prefby  ery  conititute,  the  cenfure  of  the  ex- 
ercife they  have  heard  ufeth  always  to  be  their  flrft  work, 
which  may  be  done  before  them  who  had  the  exercife.  Be- 
fide  this,  the  brethren  of  the  prefby tery,  by  the  act  of  Af- 
fembly  December  17.  18.  1038,  are  to  have  fome  com- 
mon head  of  doctrine  publicly  difputed  in  the  presbytery 
among  the  brethren,  every  firfr.  presbytery  of  the  month, 
according  to  the  act  of  Ailembly  holden  at  Dundee  1598, 
k(T.  12. 

§  3.  By  the  forefaid  act  1638,  presbyterial  meetings  are  Abfents  to  be 
to  be  weekly,  except  in  places  far  diftant,  who,  between  cenfured. 
the  j  ft  of  October  and  ift  of  April,  are  difpenfed  with  for 
meeting  once  in  the  fourteen  days.  See  §  1.  tit.  12.  Like- 
wife  that  act  appoints  all  abfents  to  he  cenfured,  efpecial- 
ly thofe  that  fhould  exercife  and  add,  according  to  the  ait 
of  AfTembly  April  24.  1582. 

.  §  4.  The  presbytery  treats  of  fuch  matters  as  concern 
the  particular  churches  within  their  bounds,  as  the  exami-  **?*?*  trea; 
nation,  admiflion,  ordination,  and  cenfuring  of  minifters ;  bvteres. 
the  licenfing  of  probationers,  rebuking  of  grofs  or  contu- 
macious (inners;  the  directing  of  the  cenfure  of  excommu- 
nication •,  the  cognofcing  upon  references  and  appeals  from 
Jcirk-feflions;  the  revifing  and  rectifying  what  hath  been  ill 
done  or  negligently  omitted  by  them,  at  their  approving 
of  the  kirk-feflion  books  and  -records;  the  anfwering  of 
queftions,  cafes  of  conference,  and  folving  of  difficulties  in 
doctrine  or  difcipline,  with  petitions  from  their  own  or  thofe 
in  other  presbyteries}  the  examining  and  cenfuring  ac- 
cording 


46 


Government    of    the       Book  I. 


ProcefTcs  that 
begin,   but 
cannot  be  de- 
termined by 
the  feflion, 
but  referred 
to  the  prefby- 
tery,   as  the 
judges  com- 
petent. 


When  the  fef- 
fion  may  cite 
a  perfon  to 
the  prefoy- 
tery. 


Seflions  can- 
not abfolve 
from  fuch 
i'candals 
without  the 
preibytery. 


Correfpond- 
ence  of  pref- 
byteries. 


cording  to  the  word  of  God,  any  erroneous  doctrine,  which 
hath  been  publickly  or  more  privately  vented  within  their 
bounds,  and  the  endeavouring  the  reducing  and  converfion 
of  any  that  remain  in  error  and  fchifm  ;  the  appointing  of 
vifitation  of  churches  by  themfelves  as  occafion  offers,  or 
the  perambulation  of  parifhes,  in  order  to  their  uniting  or 
disjoining;  all  which  are  either  concluded  or  continued  to 
further  confederation,  or  referred  to  the  fynod. 

§  5.  By  chap.  6.  aft  1  1.  of  AiTembly  1707,  there  are 
fome  procefTcs  which  natively  begin  at  the  kirk-feffion, 
but  for  the  atrocity  of  the  fcandal,  or  difficulty  in  the 
affair,  or  general  concern,  the  fefhon  having  frequent  meet- 
ings of  the  preibytery  to  have  recourfe  unto,  do  not  de- 
termine of  themfelves;  fuch  as,  fcandals  ofinceft,  adulte- 
ry, trilapfe  in  fornication,  murder,  atheifm,  idolatry, 
witchcraft,  charming,  herefy  and  error  vented  and  made 
public  by  any  in  the  congregation,  fchifm  and  ft  paration 
from  the  public  ordinances,  procefTcs  in  order  to  the  high- 
eft  cenfure,  and  continued  contumacy,  l^ut  procefTcs  for 
all  fuch  crimes  and  fcandals,  are  to  be  referred  to  the  pref- 
bytery,  by  an  extract  of  their  procedure  thereanent.  And 
when  there  is  no  confeffion  of  the  fcandals  above-mention- 
ed, the  fefhon  is  not  fo  much  as  to  proceed  to  lead  pro- 
bation by  witneffes  or  preemptions,  till  they  be  authorized 
thereto  by  the  prefbytery's  anfwer  to  their  reference  fore- 
faid. 

§  6.  V/hen  the  procefs  is  fo  clear,  as  in  the  cafe  of  a 
judicial  confeffion,  then  the  kifk-fcifion  may  fummon  the 
delinquent,  when  before  them  apudatla,  to  compear  before 
the  prefbytery  :  but  where  there  is  any  difficulty,  ihey 
fhould  flrft  inform  the  prefbytery,  and  get  their  allowance 
before  the  party  be  fummoned  before  them. 

§  7.  When  perfons  cenfured  for  thefe  grofler  fcandals  do 
apply  to  the  kirk-feffion  for  relaxation,  they  may  both  be 
privately  conferred  with,  and  likewife  their  acknowledge- 
ments heard  before  the  feffion,  but  they  ought  i.ot  to  be 
brought  before  the  congregation,  in  order  to  their  abiblu- 
tion,  nor  abfolved  but  by  direction  and  order  of  the  pref- 
bytery. 

§  8.  Prefbyteries  in  fome  cafes  may  fend  commifnoners 
to  other  prefbyteries,  either  to  advife  them,  or  to  feek  ad- 
vice from  them.      By  act  of  Aflembiy  June  18.  1646,  it 

is 


Tit.  13.       Church    of    Scotland.  47 

is  recommended,  that  a  correfpondence  be  kept  among 
prefbyteries  conftantly  by  letters,  whereby  they  may  be 
mutually  afTifting  to  each  other. 

§  9  In  every  prefbytery,  at  leaft  twice  a  year,  on  days  Privycenfures 
for  prayer,  as  mould  be  done  in  fefTions  likewife,  before  ir!  Pre%te~ 
each  fynod,  there  ought  to  be  privy  cenfures,  whereby  feafon  up0n 
each  minifter  is  removed  by  courfe,  and  then  inquiry  is  days  of  pray- 
made  at  the  paftors  and  elders,  if  there  be  any  known  fcan-  er- 
dal,   fault,  or  negligence  in  him,  that  it  may  be  in  a  bro- 
therly manner  cenfured  j  after  the  minifters,  the  prefbyte- 
ry clerk  is  to  pafs  thefe  cenfures  likewife.     By  the  6th 
article  of  the  7th  chapter  of  the  French  church  difcipline, 
at  the  end  of  the  colloquies,  amicable  and  brotherly  cen- 
fures fhall  be  made,  as  well  by  the  paftors  as  by  the  elders, 
which  fhall  be  there  prefent,  of  all  things  which  ihall  be 
thought  fit  to  be  reprefented  unto  them. 

TITLE    XIII. 

Of  Parochial  Vifitations  by  the  Presbytery. 

I  §  1.  TJArifhes  are  vifited  by  prefbyteries,  either  occafion-  vifitations 
-■*      ally,  pro  re  nata,  according  to  the  weight  of  the  occafumal 
emergent  which  doth  require  the  vifitation,  or  ordinarily  and  ordinary. 

I  in  courfe,  whereby  every  congregational  church  is  vifited 
once  a  year,  Aflem.  163H.  feff  23.  24.  art.  4.  at  leaft,  this 
ordinary  vifitation  fhould  be  going  round  all  the  parimcs 
in  order  till  they  be  vifited,  before  others  be  revifited  in 
ordinary  ;  for  by  the  16th  act  of  AfJembly  1706,  prefby- 
terial  vifitations  of  parifhes  are  to  be  frequent. 

§  2.  The  prefbytery  is  to  caufe  intimation  to  be  made  of  How  ^  <*ay 
their  appointed  day  for  the  vifitation  of  that  parifh,  by  a  ?r    -  I   ?"' 

1         ,       '  V  ,  ■      J  .  r  i  ir.       .  1.      tlon    1S  to    De 

brother  or  another  congregation,  from  the  pulpit,  immedi-  intimated, 
ately  after  the  forenoon's  fcrmon,  on  the  Sabbath,  ten 
days  preceding  the  day  for  the  vifitation,  requiring  the 
minifter  of  the  parifh  to  preach  at  that  time  and  place  on 
his  ordinary  text,  and  fummoning  the  heritors,  elders,  and 
whole  congregation,  to  be  prefent  that  day,  to  hear  fer- 
mon ;  and  thereafter,  that  the  minifter,  heritors,  elders, 
and  heads  of  families,  do  attend  the  prefoyteiy,  to  acquaint 
them  with  the  ftate  of  that  kirk  and  congregation  in  every 
point ;  and  if  any  of  them  have  certain  knowledge  of  any 

thing 


or 


48  Government*    of    the        Book L 

thing  amifs  in  their  minifter,  elders,  deacons,  precenter, 
feffion -clerk,  fchoolmafter,  or  beddal,  that  they  do  then 
acquaint  the  presbytery  therewith, 
The  mini-  §  £•  The  fefTion  regifters,  together  with  a  catalogue  of 

iter's  library,  the  minifter's  books,  are  to  be  produced  to  the  prefbytery, 
a*rifter°to  before  r^e  visitation,  and  given  to  two  of  the  fitteft  brethren, 
be  feen'  and  aRd  beft  acquainted  with  that  minifter  and  people,  to  be 
revifed.  feen  and  revifed  ;  and  they  to  report  at  the  vifitation. 

Preliminaries      §  4-  Sermon  being  ended,  and  the  presbytery  conftitu- 
to  the  vifita-  ted,  the  minifter's  doctrine  he  had  in  his  fermon,  is  firft  to 
non;  and      be  confidered,  as  in  the  presbvterial  exercife,  then  the 
S^~*oL  church  Bible,   Confeflion  of  Faith,  Arts  of  the  General 
interrogate.    Anemones,  acts  and  proclamations  agamft  profanenels,  and 
other  acts  and  papers  relative  to  the  church,  are  all  to  be 
called  for  and  produced  before  the  presbytery.     The  vifi- 
tors  of  the  fciiion^s  regifters,  and  minifter's  liberary,  are  to 
make  their  report.     The  presbytery,  at  the  entry  on  the 
vifitation,  having  removed  the  minifter,  are  to  caufe  read 
over  their  actings  at  the  laft  vifitation,  and  fee  if  what  was 
then  recommended  or  ordered  hath  been  made  effectual, 
and  take  the  excufes  of  abfent  elders  and  deacons  therefrom ; 
and,  if  need  be,  to  call  in  any  party  for  information.     If 
nothing  arife  from  that,  to  divert  the  presbytery  from  the 
orderly  method,  all  parties  being  removed,  the  presbytery 
is  to  call  in  the  fefTion  one  by  one,  and  to  enquire  them  con- 
cerning their  minifter  :  yea  further,  by  the  act  of  Aftembly 
June  13.  1646,  at  vifitation  of  kirks,  the  elders,  one  by 
one,  the  reft:  being  removed,  are  to  be  called  in,  and  exa- 
mined upon  oath  concerning  the  minifter's  behaviour. 
Minifters  fa-       §  5.  By  the  act  of  Ailembly   159b,  ratified  December) 
jnilies  to  be     tym  j  8.  1038,  at  vifitation  of  kirks,  the  families  of  mi 
interrogate     nj(|ers  are  t0  give  an  account,  and  to  be  tried  concerning 
theh^hve?     tnc  g00^  order  and  behaviour  that  they  obferve  within 
their  families ;  and  f  uch  as  are  found  negle&ors  of  family- 
worfhip,  or  inftrucling  of  all  in  their  families,  or  fuch  as 
remove  not  thofe  who  are  offenfive  therefrom,  fhall,  after 
due  admonition,  be  judged  unfit  to  rule  the  houfe  of  God ; 
for  he  ought  to  be  one  that  ruleth  well  his  own  houfe, 
1  Tim.  iii.  4. 

Rirk-feffions  §  6.  ^  'ne  queftions  to  be  inquired  by  a  presbytery  at 
interrogate  the  elderihip  concerning  a  minifter  may  be  thefe,  and  fucr 
concerning  \jkg;  1.  Hath  your  minifter  a  gofpel  walk  and  converfa- 
their  pallor.  im 


Tit.  13.       Church    of    Scotland.  49 

tion  before  the  people?  And  doth  he  keep  family-wor- 
fhip  ?  And  is  he  one  who  rules  well  his  own  houfe  ?  Is 
he  a  haunter  of  ale-houfes  and  taverns?  Is  he  a  dancer, 
carder,  or  dicer  ?  Is  he  proud  or  vain-glorious  ?  Is  he 
greedy,  or  worldly,  or  an  ufurer  ?  Is  he  contentious,  a 
brawler,  fighter,  or  ftriker?  Is  he  a  fwearer  of  final  1  or 
minced  oaths  ?  Ufeth  he  to  fay,  .before  God  it  is  fo;  or,  in 
his  common  conference,  I  proteft,  cr,  I  proreft  before 
God  ?  Or,  fays  he,  Lord,  what  is  that  ?  All  which  are 
more  than  yea  and  nay?  Is  he  a  filthy  fpeaker  or  jefter? 
Bears  he  familiar  company  with  difar7e<fted,  profane,  or 
fcandalous  perfons  ?  Is  he  diflblute,  prodigal,  light,  or 
loofe  in  his  carriage,  apparel,  or  words  ?  How  fpends  he 
the  Sabbath  after  fermon  ?  Saw  ye  him  ever  drink  healths  ? 
]s  he  at  variance  with  any  ?  Is  there  any  that  reproaches 
him?  Or,  is  he  well  beloved  of  all?  And  upon  what 
ground  is  it  that  the  variance  or  good  liking  of  the  people 
is? — 2.  Keeps  he  much  at  home  at  his  minitleriai  work  ? 
Or,  doth  heoccafion  tohimfelf  diffractions  and  unnecedary 
diverfions  therefrom  ?  Is  he  conftant  at  his  calling  and 
ftudies,  or  takes  he  but  pains  at  fits  and  ffarts,  fiich  as  at 
fads,  communions,  vifitations,  &c.  ?  Is  Saturday  only  his 
book-day,  or  is  he  conflantly  at  his  calling? — 3.  Doth  he 
difcountenance  or  difcourage  any  that  is  feeking  Chrift  r 
Doth  he  preach  found  doctrine,  fo  far  as  ye  can  underfland  ? 
Doth  he  preach  plainly,  or  is  he  hard  to  be  underftood  for 
his  fcholaftic  terms,  matter,  or  manner  of  preaching?  Doth 
he  faithfully  reprove  fin,  efpecially  fuch  as  moff.  prevail  in 
the  parifh  ?  What  time  of  day  doth  he  ordinarily  begin 
fermon  on  the  Sabbath?  And  when  doth  he  diftnifs  the 
people?  Spends  he  too  much  time  in  his  fermon,  in  re- 
petition of  what  he  laid  before?  Doth  he  lecture  and 
preach  in  the  forenoon,  and  preach  again  in  the  afternoon 
on  the  Lord's  day,  and  that  both  fummer  and  winter? 
Doth  he  read  a  large  portion  of  fcripture  in  public,  and  ex- 
pound the  fame?  Doth  he  preach  chatechetic  doctrine 
ordinarily  in  the  afternoon  ?  Hath  he  a  week  day's  fer- 
mon, and  collections  on  thefe  days  ?  When  the  Lord  in  his 
providence  is  fpeaking  extraordinary  things,  doth  he  tie 
himfelfto  his  ordinary  text ;  or  makes  he  choice  of  one 
more  appoflte  and  fuitable  to  the  difpenfation  ?  Seeks  he 
to  preach  Chrifl  his  beauty  and  excellency,  and  to  open  up 

G  the 


50  Government    of    the         Book  I. 

the  power  and  life  of  godlinefs?  Endeavours  he  to  dif- 
cufs  cafes  of  conference,  to  let  you  know  your  fpiritual 
(late,  what  "it  is  ? — 4  Doth  he,  according  to  the  act  of  Af- 
fembly  1708,  vifit  the  people  and  families,  at  leaft  once  a 
year  in  a  minifterial  way,  teaching  and  admonifhing  from 
houfe  to  houfe  ?  And  doth  he  vifit  the  fick  when  need- 
ful, and  pray  over  them  ?  Doth  he  vifit  them  who, 
through  age  or  fieknefs,  cannot  come  to  the  public  wor- 
ship ?  Doth  he  labour  to  fpeak  to  the  fick  fuitably  to 
their  various  inward  conditions  ?  Doth  he  not  efpecialiy 
vifit  fuch  as  be  exercifed  in  confidence  ?  Doth  he  vifit  fuch 
as  are  afflicted  by  death  of  children  or  other  relations  ?  Vi- 
fits he  the  widows,  orphans,  and  poor  ?  If  he  be  mini  ft  er 
of  a  burgh,  vifits  he  the  prifoners?  Is  he  not  careful 
when  he  vifits  families  to  confer  with  them  in  private,  and 
pray  with  them,  thereby  learning  the  cafe  of  their  fouls, 
that  fo  the  doctrine  in  public  may  the  better  meet  with 
their  condition  ? — 5.  Doth  he  administer  the  facrament  of 
baptifm  in  an  orderly  way,  when  the  congregation  is  con- 
vened ;  or  doth  he  it  at  any  time  privately  ?  Doth  he 
add  any  word  to,  or  alter  the  words  of  inditution  ? — 
6.  Doth  he  frequently  catechife  his  parifhioners,  and  admi- 
r/tfler  the  facrament  of  the  Lord's  fupper  to  them  ?  And 
j>  he  careful  in  keeping  from  that  holy  ordinance  all  who 
are  known  to  be  fcandalous,  grofsiy  ignorant,  or  erroneous  ? 
How  often  have  ye  the  communion  every  year  ?  Doth 
he  not  begin  to  catechife  young  ones  about  nine  or  ten 
years  of  oge,  and  how  cenfures  he  contemners  of  catec!  i- 
fing  ?  What  courfe  is  taken  with  contemners  of  the  Lord's 
fupper  upon  frivolous  pretences  ?  At  the  Lord's  fupper 
(loth  he  not  caufe  cut  the  bread  in  large  and  fair  fhaves  fit 
for  mutual  fraction  and  cliftributicn,  that  as  they  give  the 
cup  to  the  nearcfl  affident.  fo  having  broken  off  a  part  of 
the  bread  with  their  hand  for  themfejves,  they  give  the  reft 
to  the  perfon  fitting  neareft  them  P  Do  your  people  all  fit 
at  the  Lord's  table?  3n  the  time  of  diiiribution,  earing, 
and  cringing,  is  there  any  reading,  or  finging  cf  pfalms,  or 
is  there  filence,  and  fo  time  for  meditation,  except  it  be  a 
flicrt,  pertinent,  and  awakening  word  dropped  by  the  pa< 
i'lor? —  7.  Hath  he  a  competent  number  of  elders  ?  And 
hath  he  deacons  in  the  parifh  difiinet  from  elders?  Doth  he 
keep  fefiional  meetings  frequently?     And  is  he  impartial 


Tiu  13.      Church  of  Scotland;  $t 

t)  the  exercife  of  difcipline  againft:  all  offenders?  Is  there" 
frequent  meetings  of  the  members  of  feffion,  for  fading 
and  prayer,  according  to  the  act.  of  Aflembly  1699  ?  Doth 
he  travel  with  public  penitents  in  private,  to  make  them 
fcniible  of  their  ml,  according  to  its  circumflances,  and  fen- 
fible  of  mercy,  that  the  love  of  Chrift  may  overcome  the 
love  of  (in  ?  And  then  doth  he  abfolve  them,  when 
brought  up  to  fome  ingenuous  confeflion  and  refblution 
for  the  future  ?  Doth  he  ever  cenfure  perfons  for  living 
idle,  breaking  of  promife,  or  for- backbiting  ?  Doth  he 
cenfure  keepers  of  fuperltitious  days?  How  doth  he  re- 
train abufes  at  penny-bridals  ?  Doth  your  feffion  meet 
weekly  ?  Doth  your  minifler  coolzie  any  whom  another 
brother  hath  in  procefs  ?  Or  doth  he  carry  any  way  par- 
tially, that  fo  he  may  become  popular?  Doth  he  in  fef- 
fion aflu.r.e  to  himfelf  a  negative  voice?  When  he  is  ne- 
ceffitated  to  leave  his  flock,  doth  he  not  acquaint  the  fef- 
fion with  it  ? — 8.  Is  he  careful  to  take  away  variances  that 
fall  out  among  families,  and  compofe  differences  among 
particular  perfons  in  the  congregation  ?  Faft?r  x11^ 

§  7.  After  that  the  elders  have  anfwered  to  thefe  or  the  m^-Js  \nteiZ 
like  queffions,  then  the  heads  of  families  are  to  be  interro-  rogatt  con- 
gate  in  generalconcerning  the  lives  and  manners  of  the  mem-  eerning  the 
bers  of  the  feffion ;  and  the  pallor  is  to  anfwer  more  parti-  k^-^1"011' 
cuhrly  to  thefe  or  the  like  queftions  :     1 .  Is  your  feffion 
rightly  conftitute,  and  all  the  elders  and  deacons  duly  ad- 
mitted according  to  the  acls  of  the  Aflembly  ?     2.  Do  they 
all  attend  gofpel- ordinances,  and  the  diets  of  the  feffion  ? 
3.  Are  they  grave,  pious,  and  exemplary  in  their  lives  and 
conversions?     Do  they  worfhip  God  in  their  families? 
Is  any  of  your  elders  an  ignorant  man,  a  drinker  of  healths, 
a  tipler,  a   drinker  exceflively  to  drunkennefs,  a  (wearer* , 
an  obferver  of  Yule-days,  &c  ?     Is  he  one  that  obferves 
not  the  Sabbath  ?     Is  he  careful  to  keep  his  oath  of  ad- 
minion  taken  before  God  in  face  of  the  congregation,  not 
to  delate  or  cenfure,  but  as  edification  requires  ?  Do  any  of 
them  work  on  folemn  fait,  or  thankfgiving  days?     Is  any 
of  them  a  mocker  of  piety  ?     4.   Are  they  diligent,  care- 
ful, and  impartial  in  the  exercifeof  their  offices?     Do  rite: 
elders  vifit  the  families  within  the  quarter  and  bounds  af- 
Signed  to  each  of  them  ?     Are  they  careful  to  have  the 
Wv,rihip  of  God  fet  up  in  the  families  of  their  bounds :' 

G  2  An* 


52 


Government  of  the 


Book  I. 


The  precen- 
tor, beadle, 
&c. 


Faftor  and 
elders  inter* 
rogate  con- 
cerning   the 
congregation 


Arc  they  careful  in  calling  for  teftimonials  from  perfons 
who  come  torefide  in  the  parifh  ?  Do  the  elders  take  all 
difcipline  upon  themfelves  without  the  minifter  ?  Or  do 
they  labour  to  carry  things  factioufly,  or  by  plurality  of 
voices,  contrary  to  God's  word,  and  the  laudable  acts  of 
the  presbytery,  provincial,  or  General  Aflemblies  ?  5. 
Have  the  elders  fubferibed  the  Confeflion  of  Faith  ?  And 
are  they  well  affected  to  the  government,  worfhip,  and  dif- 
cipline of  this  church  ?  6.  Have  the  elders  and  deacons 
their  diftinct  bounds  adigned  them  for  their  particular  in- 
flection ?  7  Does  your  fellion  always  appoint  a  ruling  elder 
to  attend  presbyteries  and  fynods?  8.  Are  the  deacons 
faithful  in  their  office,  in  collecting  and  diftributing  all  the 
kirk-goods,  and  in  having  a  care  of  the  fick  poor  ?  After 
all  thefe  queries  are  over,  the  minifter  and  elders  are  to  be 
feverally  encouraged  or  admoniihed  as  the  presbytery  fees 
need. 

§  8.  Then  the  precentor,  fchoolmafter,  and  clerk  of  the 
feffion,  who  in  country  congregations  are  ordinarily  one 
and  the  fame,  and  after  them  the  beadles,  bell- men,  and 
church  fervants,  being  removed,  the  presbytery  is  to  inquire 
at  the  minifter,  feffion,  and  heads  of  families,  concerning 
their  converfation,  fidelity,  and  diligence,  in  their  offices; 
and  the  presbytery  is  thereupon  to  proceed  as  the  matter 
requires. 

§  9.  After  all  thefe  inquires,  the  presbytery  removing 
the  heads  of  families,  the  minifter  and  elders  are  to  be  in- 
quired concerning  the  congregation,  1.  Doth  the  b^,dy  of 
the  people  attend  ordinances  duly  and  timeoufly,  and  flay 
till  the  bleffing  be  pronounced  ?  Are  they  diligent  in  im- 
proving the  means  of  knowledge,  and  are  they  growing 
therein  ?  2.  Are  they  fubmifTive  to  public  and  private  ex- 
hortations, and  to  the  difcipline  and  cenfure  of  the  churc.i, 
by  admonitions  and  reproofs,  as  need  requires  ?  And 
do  they  by  their  words  and  actions  manifeft  a  fuitable  re- 
fpect  to  their  miniiler  and  respective  elders  ?  3.  Are  they 
careful  to  educate  their  children  2nd  fervants  in  the  know- 
ledge of  God  I  What  fuccefs  hath  the  gofpel  and  labours 
of  minifters  and  eiders  among  them  ?  What  fcandals, 
fchifms,  herefies,  or  divifions  are  among  them,  and  if 
<m  the  growing  hand  ?  How  doth  they  obferve  the  Lord's 
day? 

§  10.  The 


Tit.  14.        Church    of  Scotland.  53 

§.  10.  Then  the  minifler,  heritors,  fefTion,  and  heads  of  Paflor,  kirk- 
families,  being  prefent,  the  presbytery  is  to  inquire  after  feffion,  ^and 
the  irate  of  the  church,  as  to  its  fabric,  the  feats  therein,  ^eSs°jnter- 
and  divifion  of  the  fame,  the  church-yard  dikes,  the  utenfils  rogate  about 
of  the  church,  communion  cups,  cloaths,  the  minifter's  thmgsof  com- 
mair'e,  if  it  be  in  repair,  the  glebe  and  ftipend,  the  falary  nion  concern, 
of  the  fchoolmalter,  precentor,    feffion-clerk,  and  beadles, 
and  how  the  communion-elements  are  provided,  whether 
they  be  paid  for  out  of  the  poor's  money,  and  that  when 
the  communion  is  but  celebrated  once  a  year  ?  See  lib.  II. 
tit.  2.  §  2 ;.     Inquiry  is  to  be  made  how  much  the  ftipend 
is  ?  of  what  nature  ?  how  paid  ?  and  if  there  be  a  decreet 
of  locality  for  it  ?    As  alfo  about  the  ilate  of  the  poor, 
whether  there  be  any  mortifications  and  legacies  for  them, 
or  other  pious  ufes  ?   and  how  thefe  are  fecured,  and  their 
intereft  paid  and  applied,  and  how  they  have  been  managed 
and  employed  from  time  to  time  ?  fe(t  1 8.  AfTemb  1 700. 
After  the  vifitation  is  over,  all  parties  are  to  be  called  in, 
and  the  moderator  is  to  conclude  all  with  prayer. 

TITLE     XIV. 

Of  Provincial  Synods. 


§  r.  rT^HE  fynod  or  provincial  aflembly  is  immedi-  The  conftita- 

-k  ately  fuperior  to  the  prefbytery,  and  confifts  *"?  ot, a.  *Jm 
of  feveral  prefbyteries  met  together  for  their  mutual  time  of  meet- 
help  and  comfort,  and  for  managing  the  affairs  of  public  ing,  &c. 
concern  within  their  bounds.  The  number  of  prefbyte- 
ries in  each  fynod  is  determined  by  the  national  Aflem- 
bly, and  they  meet  ordinarily  twice. every  year,  and  at 
fuch  fet  times  as  the  neighbouring  fynods  may  convenient- 
ly correfpond  one  with  another,  which  is  done  by  fending 
a  minifter  and  ruling  elder  mutually  from  one  to  another, 
viz.  the  provincials  of  Lothian,  Merfe,  &c. ;  the  provin- 
cials of  Dumfries,  Galloway,  Glafgow,  and  Argyle ; 
the  provincials  of  Perth,  life,  and  Angus,  &c. ;  the 
provincials  of  Aberdeen  and  Murray;  the  provincials  of 
Rofs,  Caithnefs,  and  Orkney.  See  likewife  the  order  of 
the  provincial  aflemblies  in  Scotland,  according  to  the  pref- 
byteries therein  contained  in  the  aft  of  Aflembly,  Decem- 
ber 17.  \Zt  1638,  aft  24. 

§  2.  The 


54  Government    of    the  Book  I. 

Synod  open-       £  2.  The  moderator  of  the  former  fynod  doth,  in  the 

enrolls  made  morning  before  the  meeting,    preach  a  fermon  fuited  to 

tor  chofen      tne  occafi°n>  and  after  fermon  doth  intimate  to  the  mem- 

and  corre-      bers,  that  they  immediately  repair  to  the  fynod-houfe ; 

fpondence  in-  when  they  are  met,    he  doth  open  the  meeting  with  fo- 

tolled.  jemn  prayer .    tnen  the  cjerk  having  made  up  the  fynod 

roll  from  the  rolls  of  each  prefbytery  prefented  to  him 

by  their  refpeclive  moderators,    he  is  to  call  the  fame 

over,  and  to  mark  the  abfents.     In  making  up  the  fynod 

roll,  it  is  ufual  to  change  the  order  thereof  every  fynod, 

fo  that  the  prefbytery  that  was  firfr.  called  in  the  roll  of 

the  former  fynod  is   now   called  laft,     1  hen  the  fynod 

proceeds  to  the  choice  of  a  new  moderator,  wTho  firfl  calls 

for   the  correfpondents   from    the  neighbouring  fyncds: 

and  their  commiffions  being  read,    they  are  inrolied  as 

correfpondents. 

Committees         §  3.  Committees  are  to  prepare  matters,  and  to  lop  off 

of  fynods,       unneceflary    work  for  gaining  of  time,    and   to  hinder 

their  work,    ^cats  ^  pUb]ic  debates,  and  to  facilitate  their  work,  they 

ale,  and  pow-  r  \  -  i_r  c  r    i_  • 

^r         r        may  lubcommit  any  part  thereof  to  a  few  of   their  own 

number;  and  tney  may  likewife  advife  one  with  another 
in  weighty  affairs,  even  before  report  to  the  fynod,  there- 
by the  more  to  prevent  debates.  Any  affair  tabled  before 
them,  though  by  them  rejected,  may  be  brought  in  in 
full  fynod;  yet  fo  as  the  member  or  party  who  bringetli 
in  the  matter,  be  fure  to  have  very  much  reafon  or  ne- 
cefTity  for  fo  doing.  All  fynods  may  have  the  following 
committees.  1.  A  committee  for  o\ enures;  2.  Another 
for  bills,  references,  and  appeals*,  and,  3.  For  rcvifing 
prefbytery- books,  who.are  to  meet  at  fuch  times  and  pla- 
ces as  the  fynod  appoints :  each  committee  and  fub-comr 
mittee  is  to  confift  of  miniflers  and  ruling  elders :  the  mo- 
derator and  clerk  of  the  fynod  is  moderator  and  clerk  to 
the  committee  of  overtures  All  other  committees  chufe 
their  own  moderator  and  clerk,  who  is  to  prefent  their 
report  to  the  fynod  in  writing.  Any  member  of  a 
judicature  may  be  prefent  with  the  committee  though  none 
of  the  number,  and  may  advife,  but  not  vote  there:  as 
aifo,  one  of  a  committee  may  be  prefent  in  fub-committees 
of  their  own  appointment;  all  which  committees  are  cho- 
fen by  the  fynod  only,  as  General  AfTemblies  do  theirs. 
§4.  The  p rei by te.y- books  are  called  for  and  produ- 
ced, 


Tit.  14.    Church    of    Scotland.  5$ 

ced,  and  each  book  is  committed  to  fome  members  of  o-  Matters  trea- 
ther  presbyteries  to  be  revifed  and  exarrined  by  them,  te(*  bX  v" 
that  it  may  appear  how  each  presbytery  hath  keep  order, 
and  performed  what  was  recommended  to  them  by  fynods 
or  General  AfTemblies;  and  upon  the  revifers  their  report, 
they  are  cenf  ired  or  approved  accordingly.  What  was 
obfeure  or  difficult  for  the  presbyteries,  or  might  concern 
them  all  in  common,  is  refolved  and  ordered ;  what  hath 
been  done  amifs  by  presbyteries  is  nrdrefTed :  and  if  any 
difficulty  arife  which  doth  not  fall  under  fome  church-con- 
ftitution,  it  is  referred  to  the  national  Aflembiy 

§  5.  Every  presbytery  is  to  get  an  extract,  of  the  a&s  Prefbyteries 
of  every  fynod,    and  to  read  fuch  of  them  in  the  presby-  are  t0  caljy 
tery  as  are  of  general  concern,  or  which  particularly  re-  r°^f  nod 
iate  to  any  in  their  bounds,  that  they  may  be  the  better  a(fts. 
obferved. 

§  0.  At  the  privy  cenfures,  none  ought  to  be  prefent  Pnvycenfures 
but  members.     Upon  the  revifers  their  report  of  the  pref-  by  fynods. 
bytery-books,    each  presbytery  is  removed  per  vices,    in 
order  to  privy  cenfure,  in  the  fame  manner  as  was  faid  of 
the  minifters  in   presbyteries,    and  of  elders  in  feffions. 
See  tit.  15.  §  1 . 

§  7.    By  article  12.  chap.  8.    of  the  French  church-  Centefima 
difcipiine,    concerning  provincial   fynods,    the   paftors  in  to  minifters 
each  province  fhall  reprefent  the  widows  and  children  of  ^T^  anc* 
minifters  which  died  in  the  fervice  of  the  church,    to  be  c 
flipported  and  maintained  at  the  common  charge  of  each 
province;  and  where  the  province  fhall  be  ingrateful,   the 
national  fynod   fhall  redrefs  it.      Our  church  propofeth 
the  fame  perfons  as  proper  objects  for  the  pallors  in  the 
fynois  their  charity,  and  the  centefima  or  hundredth  part  of 
each  benefice  to  be  the  fund,  and  paid  in  to  the  collector 
thereof  yearly,    who  is  to  be  appointed  by  each  fynod, 
and  is  to  diftribute  the  fame  to  the  reli&s,  and  children  of 
deceafed  minifters  within  the  bounds  of  the  fynod,  conform 
to  their  order. 


TITLE 


56  Government    of    the  Book  I, 

TITLE    XV. 

Of  Extraordinary  Synods  and  General  Ajfemblies. 

Extraordina-  §  U  T7  Xtraordinary  fynods  I  call  fuch  as  that  of  the 
ry  fynods  on-  -*-J  Allen  ibly   at   Weftminfter,    which  confifted  of 

?ytobe.keld  divines  and  gentlemen,  many  of  whom  were  not  elders, 
ed  ftateofthe  ca^ec^  anc^  nominared  by  the  civil  power  to  confult  about 
church.  the  doctrine,  worfhip,  and  government  of  the  church :  or, 

when  minifters,  without  delegation  from  the  church,  do  of 
themfelves  meet  by  virtue  of  their  office  :  Which  fynods 
this  church  doth  not  approve  of  in  a  fettled  and  constitute 
condition,  but  only  in  fuch  churches  as  are  not  yet  con- 
flituted.     It  being  always  free  to  the  magiftrate  to  advife 
with  fynods  of  minifters  and  ruling  elders,  meeting  upon 
delegation  from  their  churches,  either  ordinarily,  or  being 
indicted  by  his  authority  occafionally.     See  the  act  of  Af- 
fembly    1647,  approving  the  Confeflion  of  Faith.     Yet 
by  act  of  Aflembly  December  19.  163$,  minifters  are  ob- 
liged to  give  their  advice  and  good  counfel   in  matters 
concerning  the  kirk,  or  the  confidence  of  any  whatfoever, 
to  his  Majefty,  to  the   parliament,  to  the  council,  or  to 
any  members  thereof,  for  their  refolutions  from  the  word 
of  God. 
Members  of        $   2»  By  the  directory  for  church -government,    as  it 
a  national  af-  was  printed  in  the  year  1647,  t0  be  examined  by  prcsby- 
femblybythe  teries,  the  Afiembly  was  to  confift  of  as  many  ruling  ei- 
ihUte        ^ers  as  min'l^ers'     which  doth   agree  with  the  chap.  9. 
many  mini-    art*  h    °f  r^e  French  church-difcipline :    but  by  the  di- 
fters'  at  leaft  rccYions  of  the  Englifli   parliament,  Auguft  19.  164^,  it 
as  niling  el-  js  provided,  That  there  be  in  all  Aifemblies  two  ruling- 
s*  elders  to  one  miniiier.     It  feems  indeed  but  reafonable, 

when  presbyteries,  the  condiments  of  General  Afiemblies, 
do  confift  of  minifters  and  ruling  elders  equally,  that  they 
fhould  be  equally  reprefented  there  likewife 
The  nature        §   3.  At  the  beginning  of  our  Reformation,  the  Aftem- 
of  our  firft     ^ly  did  confift  of  rhefe  of  the  reformed  religion,  delega- 

fembiv  after  te     ^rom  *°me  ^res  anc*  D;lrgns   where   the  reformed 

the  Reforma-  dwelt.     The  number  of  paftors  was  then  (b  fmall,  that  it 

lion.  did  not  exceed  the  fourth  part  of  the  meeting,  as  may  be 

feen  from  their  federunts  in  the  copy  of  the  M.  S.  acts 

of 


Tit.  i f.        Church    o t    Scotland.         57 

of  Affemblies:  and  until  the  number  of  minifters  did 
increafe  and  multiply,  it  was  at  firlt  a  general  meeting  of 
them  all ;  but  thereafter  they  did  impower  and  commif- 
fion  a  few  to  reprefent  them,  who  are  thereupon  only  de- 
igned the  Commiffwners  cf  the  General  djjembly. 

§  4.  If  an  AfTembly  be  indicled  by  the  civil  magiftrate  What  may 
on  fo  fhort  an  advertifement  as  twenty  days,  that  pref-  annul  aGene- 
bvteres  (efpecially  the  more  remote)  are  not  timeouily  ra  em  ™\ 
advertised  to  chufe  commiffioncrs,  and  fo  the  church  riot 
fully  reprefented,  an  AfTembly  fo  meeting  is  declared 
null.  All  new  Scot*  parliaments  were  called  on  forty 
days,  and  wfial  prejudice  canit  do  if  presbyteries  receive 
as  fair  an  advertifement,  uniefs  it  be  to  the  fervice  of 
fome  prefent  deiigil  againft  the  church  ?  idoy  An  AfTcm- 
bly  is  null  where  the  members,  or  a  great  many  of  them, 
are  not  elected  by  presbyteries,  but  named  by  the  magi- 
ftrate; in  which  cafe,  though  they  may  acl  as  advifers  of 
the  magiftrate,  yet  they  cannot  acl:  as  thefe  having  autho- 
rity from  the  church,  pio,  An  AfTembly  is  null,  when 
presbyteries  are  reprefented  by  more  minifters  than  the 
ftanding  acls  of  Aflemblies,  regulating  the  reprefentation, 
doth  allow,  or  where  no  ruling  elders  are  commifTioned. 
4/*?,  An  AfTembly  is  null,  when  members  do  vote  for 
thefe  matters,  to  which  they  are  threatened  to  give  their 
vote,  by  the  civil  magiftrate.  5/0,  An  Aflembly  is  null, 
when  a  moderator  or  clerk  is  impofed  upon  them  without 
their  fuffrage  ;  fee  at  length  acls  of  AfTembly,  December  4. 
1638. 

§  5.  The  General  AfTembly  December  20.  1638,  de-     AfTcmblits 
clares,  that  by  divine,  ecclefiaftical,  and  civil  Warrant,  the  ma"   meet, 
AfTembly  of  this  national  church  hath  power  and  liberty  J^ij? 
to  a(femble  and  convene  in  her  yearly  General  AfTemblics,  prc  re  *#Hk 
and  cftener,  pre  re  nata,  as  occafion  and  necefTity  fhall 
require  :  To  this  agrees  the  acl  of  parliament  1 690,  rati- 
fying the  Confeflion  of  Faith,    and  fettling  Presbyterial 
church-government;  fo  that  the  Sovereign,  till  thefe  laws 
be  altered,    cannot,  by  his  mere  authority  or  proclama- 
tion,   render  the  meetings  of  Aflemblies  precarious  and 
uncertain,  uniefs  he  run  the  rifk  of  renewing  the  difpen- 
fing  power.  >rhc  reprt„ 

§  6.  By  the  *th  act  of  Aflembly  1694,  the  reprefeil-  fentation  ia 

ration  of  the  feverai  presbyteries  in   this  national  church  *?en** a]  A{S 
1  T  r  •     fembhes,  and 

AiJ  the   number 


58  Government    of    the         Eook  T, 

in  it?  General  AfTemblies,  fnall  hold  proportion  to  the 
number  of  parifhes,  whether  vacant  or  planted,  within 
each  presbytery,  in  manner  following :  All  presbyteries 
confiding,  of  twelve  pari  flics,  cr  under  that  number,  fhall 
fend  two  miniflers  and  one  ruling  elder  And  all  presby- 
teries confifting  of  eighteen  pariflies,  or  under  that  num- 
ber, but  above  twelve,  flrdl  fend  three  miniflers  and  one 
ruling  elder.  And  all  presbyteries  confirming  of  twenty- 
four  parifhes,  or  under  that  number,  but  above  eighteen, 
ihall  fend  four  minifters  and  two  ruling  elders.  And,  laflly, 
All  presbyteries  confiding  of  above  twenty-four  pariihes, 
fliall  fend  five  miniflers  and  two  ruling  elders.  And  eve- 
ry collegiate  church  where  there  ufe  to  be  two  or  more 
miniflers,  are,  fo  far  as  concerns  the  defign  of  this  aft, 
underflood  to  be  as  many  diflinft  parifhes :  So  that  pref- 
byteries  delegate  not  lefs  than  a  fixth  part,  nor  more  than 
a  fifth  part  of  t:e  miniftry.  Conform  to  the  reprefenta- 
tion  proportioned  by  this  aft,  the  number  of  miniflers  dele- 
gate from  presbyteries  are  one  hundred  and  eighty,  and  of 
ruling  elders  fixty-eight.  But  each  royal  burgh  having 
the  privilege  (if  they  pleafe  to  ufe  it)  to  be  reprefented 
there  by  a  ruling  elder,  and  the  city  of  Edinburgh  by 
two,  this  would  add  fixty-feven  more  ruling  elders  to  that 
order,  making  in  all  of  elders  one  hundred  and  tnirty-five. 
By  that  fame  aft,  no  perfons  fhall  be  admitted  members  of 
Aflemblies,  but  fuch  as  are  either  miniflers  or  ruling  el- 
ders. And  by  the  6th  aft  of  AfFembly  169.8,  it  is  re- 
commended to  presbyteries  to  chufe  only  fuch  ruling  el- 
ders as  may  and  will  give  attendance. 
There  mould  §  7-  Commiffioners  from  royal  burghs,  till  the  matter 
be  no  deiega-  be  further  thought  upon,  by  the  aft  of  Aflembly  July  1  9. 
tions  but  from  1648,  are  to  obferve  the  ordinary  practice,  viz  that  each 
Py°}'tenes  burgh  fend  one,  and  Edinburgh  fend  two  ruling  eiders, 
approven  of  and  confented  to  by  the  miniflry  and  fefTion  of 
the  burgh :  but  yet  each  univerfity  may  be  reprefented  by 
a  minifter  or  ruling  elder  Neither  is  that  kind  of  appro- 
bation of  the  choice  required,  albeit  there  may  be  the  fame 
reafon  for  it:  For  the  members  of  a  faculty,  as  fuch,  are 
not  obliged  to  be  either  miniflers  or  ruling  elders.  But, 
upon  the  whole,  our  practice  would  be  more  eafily  account- 
ed for,  and  a  great  deal  more  agreeable  to  that  of  foreign 

churches, 


Tit.  15.        Church    of    Scotland,  $9 

churches,  if  delegations  were  only  from  presbyteres,  and 
the  delegates  equally  both  of  minifters  and  elders. 

§  8.  By  the  6th  act  of  Affcmbly  1 704,  no  minifter  or  el-  All  commif- 
der  can  be  commiflioned  to  the  General  AfTembly  by  any  fioners  muft 
presbytery,  burgh,  or  univerfity,  but  fuch  as  ufualiy  re-  reJ^,or    ,e 
fide  in,  or  have  a  relation  to  tne  presbytery,  burgh,  oru-  bounds  they 
Hiverfity  they  are  commiflioned  from.     This  is  enacted,  reprefent. 
that  pragmatic  and  defigning  men  may  be  kept  out  from 
being  members  of   Ailemblies,  after   their  own  presbyte- 
ries, t&i    (perhaps  from  fome  flich  apprehenfion)  had  been 
plcafed  to  neglect  them  in  their  choice. 

§  6  The  Affiembly,  by  their  a&  the  .tiiof  Ancuft  1641,  ,  .The  Scct°' 
conudering,  that  11  the  bcots  kirk  at  Campvere  were  join-  vere  rer.re; 
ed  as  a  member  of  the  kirk  of  Scotland,  it  would  be  con-  rented.  Their 
venient  for  correfpondence  from  foreign  parts  for  the  well  mftru&ioi»j 
of  this  kirk:  therefore  they  delired  the  faid  kirk  of  Camp-  &c# 
vere  to  fend  their  minifter  with. a  ruling  elder,  with  their 
commiffion  to  the  next  General  AfTembly,  at  which  time 
they  fhould  be  inrolled  as  commiffioners  from   that  kirk. 
When  that  church  is  vacant,  the  convention  of  royal  bur- 
rows have  been  in  ufc  to  prefent  a  minifter,  and  act  as 
patrons.     And  by  the  act  of  Aflembly  1 704,  fome  pro- 
pofitions  concerning  the  laid  kirk,  approved  by  the  Aflem- 
bly  1642,  are  of  new  enacted  and  authoriied,  viz      (\) 
That  the  laid  kirk  obferve  that  order  in  the  outward  wor- 
fliip  of  God,  and  excrcife  of  difcipline,  as  is  here  received 
by  law  and  practice.     (2.)    i  hat,  at  lead,  every  third 
year  their  commillioners  be  at  the  AfTembly,  whofe  ex- 
pences  are  to  be  paid    by  their  own  kirk,  till  this  church 
be  in  a  better  capacity  to  do  it.     (4.)  That   they  advife 
with  the  presbytery  of  Edinburgh,  or  commiffion  of  Af- 
fembly,  concerning  emergent  difficulties. 

§  1  o.  By  the  act  of  Aflemhly  *£>]?■,  December  17.  18.  Commifllon- 
it  is  referred  to  particular  presbyteries,  and  efpecially  to  ers  to  anc^ 
the  ruling  elders  therein,  that  commiffioners  to  Aflemblies  j^,?"1    ^' 
their  expences  be  borne  conform  to  former  acts  of  Adem-  Cxpeiices. 
blies,  by  the  particular  parifhes  in  every  presbytery,  and 
proportionally,  by  all  forts  of  pcrfbns  therein,    able   in 
land   or  money  :   which  act   is  ratified  by  the  AffemUy 
1039,  Augufl:  29.  and  extended  to  the  expences  bearing 
of  fuch  as  fhail  be  fent  in  commiffion  by  General  AiTem- 
blies :  but  it  is  referred  to  the  parliament  for  making  thefe 

H  2  who 


60  Government    of    the  Book!. 

who  are  ftented  to  pay  their  proportions  :  by  which  it  is  clear 
that  presbyteries  may  ftent  the  people  within  their  own 
bourd-,  for  defraying  the  charges  of  thofe  therein,  who 
at  d  General  Aflemblies  :  but  then  it  muff  not  be  exact- 
ed, but  only  received  from  a  willing  condefcending  people, 
which  will  certainly  be  very  unferviceable,  if  otherwife  re- 
ceived, unlefs  the  expences  be  mod  inconfiderable.  And 
the  practice  might  prove  more  ferviceable  in  a  difturbcd 
ftate  of  the  church,  when  minifters  come  to  be  deprived 
of  their  flipends.  Since  the  year  164.2,  our  fovereigns 
have  beftow'ed  four  or  five  hundred  pounds  frerling  yearly, 
to  be  employed  by  General  Aflemblies,  which  will  do 
much  to  defray  the  expences  of  commiffions  from  General 
Aflemblies,  fent  to  vidt  the  remoter  parts  of  the  church; 
fee  Air,  1642,  Augufr.  ^ 
The  ftile  of  §  *  1-  The  General  Aflembly,  by  their  8th  act  1695, 
commiffions  gives  the  form  after  infert  for  a  directory  to  presbyteries 
AflilSIr^  *n  l^e'ir  S,v'nS  commiffions  to  their  members  for  General 
nj .iws,  Aflemblies;  which  form  is  likewife  cbferved  by  univerfkies, 
each  whereof  fends  one,  as  alfo  royal  burghs,  mutatis 
mutandis.     At  the  day    of  years. 

The  which  day  the  presbytery  of  did,  and  hereby 

docs  nominate  and  appoint  Mr.  A.  B.  minifler  at  C.  Mr 
D.  £,  minifler  at  F.  and  ruling  elders,   their 

commiffioners  to  the  next  General  Aflembly  of  this  church, 
indicted  to  meet  at  the  day  of  next  to 

come,  or  when  or  where  it  fhall  happen  to  fit,  willing 
them  to  repair  thereto,  and  attend  at  all  the  diets  of  the 
fame,  and  there  to  confult,  vote,  and  determine  in  all  mat- 
ters that  come  before  them,  to  the  glory  of  Gcd,  and  good 
of  his  church,  according  to  the  word  of  God,  the  Confef- 
fion  of  Faith,  and  agreeable  to  the  conftitutions  of  this 
church,  as  they  will  be  anfwerable,  and  that  they  report 
their  diligence  therein  at  their  return  therefrom.  Extracted 
by  me,  &c.  And  by  the  cth  act  of  Aflembly  1704,  this 
claufc  mull  be  infert  and  added  to  the  laid  form  of  all 
commiffions,  viz.  that  they  have  fubferibed  the  Confcflion 
of  i-aiih  of  this  church,  according  to  the  i  ith  act  of  the 
General  Aflembly  ai.no  1700. 
Thcreaforf  §  2  The  real  on  for  enacting  this  uniform  method 
for  this  un>  uaSt  t]>at  a  ]  members  might  be  alike  free :  for  before 
wnwty,         ^  tlme  feyeral  prefbyteries  did  infert  in  their  commiffions. 

particular 


Tit.  15.       Church    of    Scotland.  6i 

particular  inflru&ions  and  limitations,  which  did  not  a  little 
muzzle  and  confufe  the  members,  and  might  at  fome  oc- 
casions have  proved  an  advantageous  handle  for  fuch  as 
were  not  tender  of  the  church's  peace. 

§     3.  By  the  4th  act  of  AfTembly  1694,  commiflion- When  com- 
ers from  presbyteries  and  others  are  appointed  to  give  in  mu^ons  .are 
th  eir  refpecYive  commiliions  to  the  clerk  of  the  General  j°    e  glver 
AfTembly,  the  night  at  lead  before  the  firft  diet  or  meet- 
ing thereof,  to  the  effect  the  rolls  may  be  timeoufly  made 
up,  and  that  the  commiffions  may  be  confidered  by  the 
A fTembly  without  any  interruption:  and  all  commiffions 
not  fo  given  in,  flcrll  be  delivered  in  the  intervals,  be- 
twixt and  the  after  diets. 

§   1  4.   By  the  6th  acl  of  AfTembly  1698,  presbyteries  Commiffion- 
are  appointed  to  chufe  their  commiffiontrs  to  General  Af-  ers  are  to  be 
femblies  at  leaf!  forty  days  before  the  fitting  thereof :  ^c^e<*  f°rt^ 
that  which  gave  rife  to  this  acl:  was,  that  the  civil  authori-  tj^y  meet" 
ly,  for  fome  time  before  that,  had  been  pleafed  (though  and  why. 
not  agreeably  to  the  aft  of  parliament    1 090,  in  favours 
of  the  church)  to  interpofe  a  privative  power  in  adjourning 
General  Aflemblies  to  a  longer  time  than  the  appointment 
of  the  preceeding  AfTembly,  whereby  their  meetings  were 
rendered  both  nnfrequent  and  uncertain:  and  with  fome 
view  to  obviate  this,  I  think,  the  acl:  hath  been  made, 
but  yet  efpeciaily  that  members  might  be  in  cafe  to  at- 
tend, being  fo  long  chofen  before  the  time. 

§    rf.  The  General  AfTembly  ufeth  to  be  honoured     The  Sove- 
with  the  Sovereign's  prefence,  either  by  their  royal  perfon,  reign,  or  his 
or  by  their  High  Commiffioner :  for  which    the  modera-  commiffion- 
tor,  in  the  AfTembly's  name,  doth  ufe  to  exprefs  their  thank-  *£e  ™fi™^j 
fulnefs,  and  how  great  a  mercy  they  do  efleem  it  to  have  by  their  efe- 
ihe  countenance  of  civil  authority.     But  there  have  been  feme,  which, 
many  General  AtTemblies  begun,  held,  and  continued  in  thoagk  ac- 
ScotSand,  without  either  the  King  or  his  CommifTioner's  :.L^  JrZ? 
preience  :  and  that  it  was  not,  nor  yet  is  contrary  to  law,  al  to  an  Af- 
is  evident,  if  the  fird:  act  of  parliament  1592,  ratified  in  fembly. 
parliament  1690,  be  d  11  ely  confidered. 

§  1 6.   1  he  firft:  commilfion  that  was  granted,  was  by     The  firfi: 
King  James  VI.  anno    1580,    as  maybe    feen  in  an  old  commifnon 
M.  8,  of  the  a&s  of  Aflemblies,  and  was  nothing  elfe  but  a  wMtbeklng> 
miiTive  letter  under  the  King's  own  hand,  the  tenor  where-  n 
of  follows:  M  Truftyand  well  beloved  friends,  we  greet 

'*  you 


62  Government    of    the  Book  I. 

"  you  well  We  have  directed  towards  you  our  trufty 
<c  friends  the  Prior  of  Pi ttenweem,  and  the  Laird  of  Lun- 
H  die,  intruded  with  r,ur  power  for  that  effect,  for  aflift- 
"  ing  you  with  their  pretence  and  countel  in  all  things 
"  that  they  may,  tending  to  the  glory  of  God,  and  pre- 
Z*  fervation  of  us  and  our  eftate;  defiring  you  heartily  ac- 
"  cept  them,  and  our  good  will  committed  to  them  for  the 
"  prefent  in  good  part.  Sua  we  recommend  you  to  God's 
"  blefled  protection.  From  our  palace  at  Falkland,  the  2  2d 
"  day  of  July  1580!  JAMES  R  " 

The  form        §  1  7.  But  now  thefe  commiflions  are  more  pompous  and 
now  is  more  folemn,  pafling  in  Latin  under  the  great  feal.     Sometimes 
they  have  been  complex,  cloathing  the  commiflioners  with 
fomewhat  of  a  viceroyflxip  in  the  (late,  as  well  as  com  mi  f- 
floner to  the  Aflembly:  thus  it  is  faid   the   Marquis  of 
Hamilton,  and  iiarl  ofTraquair,  their  commiflions  were 
jn  the  years  163K,  and  16^9.     The  commiflions  granted 
fince  the  revolution,  you  may  fee  in  the  printed  acls  of 
Aflemblies.  Though  thefe  commiflioners  be  rejected  in  the 
Aflemblies,  and  about  Aflembly-afTairs,  as  representing 
the  Sovereign's  perfon;  yet  I  doubt  if  they  could  claim 
any  place  or  precedency  in  meetings  of  Hate,  meerly  as 
commiflioners  to  the  Aflembly.     But  this  is  (till  kept  un- 
decided, as  appears  by  their  disappearing  at  fuch  meetings 
while  the  General  Aflembly  is  fitting; 
Prefbytery  of      §  ,^*  ^ne  prefbytery  of  Caledonia  in  Darien  is  autho- 
Darfen    e       riled  to  fend  yearly  two  reprcfentatives  to  the  General 
prefented.       Aflembly:  they  being  a  part  of  this  national  church,  and 
fubjecl  to  her  Aflemblies,  as  appears  from  the  inftru&ions 
given  them  by  thcoommiflion  of  theGeneralAflembly  1 699. 
The  opening      §  icj.  The  moderator  of  the  former  Aflembly  opens  it 
01" the  Mem-  wjtn  a  fermon  ;  but  in  cafe  of  his  abfence,  his  predeceflor 
^"  in  that  chair  haih  the  fermon :   and  in  abfence  of  them 

both,  the  eldeft  minifter  of  the  town  where  they  meet 
preacheth,  and  openeth  the  Aflembly  by  prayer,  and  mo- 
derates till  a  new  moderator  be  chofen.  Thus  it  was  done 
in  the  Aflembly  at  Glafgow  1630.  After  fermon  the 
members  go  into  the  AiEmbly-houfe,  where,  after  prayer 
by  him  who  preached,  a  new  moderator  is  chofen  in  the 
manner  before  mentioned,  their  clerk  continuing  by  com- 
miflion,  fometimes  during  life.  Jt  is  to  be  remembred, 
flat  before  the  new  moderator  is  chofen,  the  rolls  mutt 

firft 


Tit.  15.         Church    of    Scotland.        63 

firft  be  made  up;  and  at  the  calling  of  each  presbytery, 
burgh,  and  umverfity,  their  commiffion  is  read.  After 
the  Aflembiy  is  thus  conftitute,  the  perfon  reprefenting 
the  Sovereign,  produceth  the  commiffion  to  him  for  that 
effect,  and  ordinarily  a  letter  alfo  from  the  Sovereign  to  the 
AfTembly,  both  which  are  publicly  read  with  great  ho- 
nour and  refpeci  the  members  [landing all  the  time  that  the 
letter  directed  to  them  is  a  reading  •,  and  by  their  appoint- 
ment, both  commiffion  and  letter  are  recorded  in  their 
books.  And  all  the  time  of  the  commilfioner's  prefence, 
the  members  (it  uncovered.  The  commiifioner  ordinarily 
has  a  diicourfe  to  the  Aflembiy,  afliifing  them  of  their 
Majcfty's  protection, and  continued  favour;  and  he  in  treats 
them  to  unanimity  and  difpatch  in  their  affairs;  to  which 
the  new  moderator  nfeth,  in  name  of  the  AiTembly,  to  make 
a  fliort  and  fuitable  return ;  both  which  are  like  wife  re- 
corded. 

§  2C.  By  the  act.  of  Aflembiy  July  29.  1640,  it  is  ap-      The  order 
pointed,  that  the  commiffioners  fit  together  unmixed,  and  G^crve°-  a- 
the  places  where  they  fit  be  divided  from  the  feats  of  o-  me]T^ers  and 
thers.    As  alfo.  that  four  pcrfbns  of  refpeft  have  warrant  in  the  Aflem- 
to  injoin  that  there  be  no  noife,  no  (landing,  nor  diforderly  bly-hcufe. 
behaviour;  and  if  any  ihall  difobey  them,  or  di reel:  his 
fpeech  to  any,  except  to  the  moderator,  and  that  one  at 
once,  with  leave  firft  afked  and  given,  he  is  to  be  rebu- 
ked by  the  moderator :  and  if  he  dcfcft  not,  he  is  to  be  re- 
moved out  of  the  Aflembiy  for  that  felfion.   As  alfo,  that 
the  minutes  of  ilk  feflion  be  read  before  their  rifing;  and 
if  the  matter  concern  the  whole  kirk,  let  it  be  read  in  the 
beginning  of  the  next  felfion.     This  order  is  to  be  read 
the  firft  iefiion  of  each  Aflembiy,  and  the  a&  is  ratified 
July  28.  1 64. 1,  and  Auguu  6.  1 64 > . 

§  2 1 .  The  ordinary  committees  ufed  in  General  Aflem-  Committees 
biies  are,   1.  The  commitee  for  overtures.     2.   The  com-  of  AfTemblies, 
mittce  for  bills,  references,  and  appeals.     3.   The  com- their  nu!libef 
mittce  for  elections  and  commiffions.    4.   Committee*  for  ^ JcWen. 
reviling  fynod- books  and  regifters,  and  of  commiffions  of 
General  Aflemblies.    5.  A  committee  for  cenfuring  of  ab- 
fenrs,   and  nominating  minifters  to  preach  before  the  com- 
miffioner,  if  prefent.    0.  When  the  King  or  Queen  ho- 
nours them  with  a  letter,  there  is,  in  the  firft  place,  appoint- 
ed a  committee  for  drawing  an  an  fiver  thereto.     There 

are 


64  Government    of    the         Book  I. 

are  alfo  other  committees  for  particular  matters,  named  as 
is  found  needful.  All  committees  of  Aflemblies  are  to 
confift  of  minifters  and  ruling  elders,  members  of  lever ;  i 
fynods ;  and  in  more  numerous  committees,  fome  o  r 
every  fynod :  all  which  commitees  are  ordinarily  nair,  • 
by  the  moderator,  in  prefence,  and  approved  by  tacit 
confent,  only  fometimes  members  propofe  the  adding  of 
fome  others,  whofe  motion  ufeth  likewife  to  be  acquiefced 
in  :  fo  that  there  hath  never  yet  been  any  election  of  com- 
mittees, either  by  fynods  giving  in  feparate  lifts,  or  by 
members  giving  in  lifts,  as  hath  been  done  in  our  late  par- 
liaments. Only  for  preventing  the  perplexing  of  Aflem- 
bly  b'ufinefs,  it  is  fit  that  no  member  be  put  upon  more 
committees  than  one. 
Committee  of  §  22.  Albeit  no  bufinefs  ought  to  come  in  to  the  Af- 
overtures  and  fembly  directly,  till  it  be  propofed  to,  and  prepared  by 

others  their  fome  committee  to  whom  it  properly  belongs ;  yet  no 
power  how  .  .  t      t       j  o    >   j  _ 

reftricled.  committee  hath  a  negative  over  the  Aflembly :  and  it  was 
never  their  intention  to  confine  and  reftricl:  themfelves  on- 
ly to  confider  of  thefe  matters  which  their  commitees  were 
pleafed  to  allow  and  tranfmit  to  their  confideration :  for, 
by  aft  of  Aflembiy,  July  29.  1640,  an  overture  (and 
from  a  parity  of  reafon,  a  petition  or  any  other  thing) 
may  be  propofed  in  full  Aflembiy,  with  the  reafons  there- 
of, after  that  the  committee  hath  refu fed  to  tranfmit  the 
fame. 
No  eccle-       §23.  To  avoid  altercations  and  debates  in  open  AiTem- 

fiaihcal  pro-  ^j      which  might  prove  dangerous,  and  are  always  very 

ceis   to  ce       ,,  ,.  ..  «    «  • 

printed  with-  indecent,  alter  matters  have  been  prepared  by  commit- 
out  allow-  tees,  they  are  tranfmitted  to  the  A  (Terribly.  Now  this 
ance.  defign  and  order  may  be  much  ftruck  at  and  inverted, 

when  members  or  particular  perfons  do  print  their  petitions 
or  overtures  to  the  General  Aflembiy  and  nation,  before 
they  be  orderly  brought  in  :  Therefore  by  the  17th  a^t 
of  AfJembly  ijoc,  a)l  perfons  arc  difcharged  to  prefume 
to  print  any  petition,  appeal,  reafons,  or  anfvvers,  or  any 
part  of  any  proceis  to  be  brought  in  to  the  General  Al- 
terably, or  any  other  church  judicatory,  without  leave  gi- 
ven by  them,  with  certification,  that  the  fame  ihall  not 
be  read  nor  confidered. 
A  diet  for  §  24.  It  is  the  laudable  cuftom  of  Ademblies,  before 
prayer.  they  begin  ciofs  to  their  work,  to  appoint  betwixt  nine  and 

twelve 


Tit.  15.         Church    of    Scotland.  65 

twelve  in  the  forenoon,  to  be  fet  apart  by  the  members 
For  public  prayer  in  the  Aflembly  houfe,  to  the  Almighty 
God,  for  his  countenancing  and  directing  them  in  the  mat- 
ters that  ill  all  come  before  them  :  where  the  commiffion- 
er  is  likewife  pleated  to  attend  and  join  in  prayer:  as  may 
be  feen  in  the  firft  three  printed  acts  of  A  (Terribly  fince 
the  Revolution,  and  among  the  indices  of  unprinted  acts 
thereafter 

§  2.5.  Conform  to  ancient  cuflom,  by  the  3d  actof  Af-  Matters 
fembly  1702,  all  fynod  books  are  app  inted  to  be  punc-  ^S^V,.111 
tually  brought  in  and  prefented  to  the  General  Aflembly 
yearly,  in  the  beginning  thereof:  which  books,  after 
hearing  a  report  concerning  them,  from  the  committee 
appointed  to  revife  the  m,  the  Aflembly  does  approve  or 
difTallow  thereof  as  they  find  ground.  All  references  from 
fynods,  appeals,  grievances,  petitions  and  complaints,  are 
here  examined  and  anfwered  :  act;  and  conititutions  for  all 
the  churches  are  agreed  upon  with  common  confent,  con- 
form to  the  9th  act  of  A (Teiiibly  1097,  of  which  hereaf- 
ter about  preventing  of  innovations  Here  courfe  is  taken 
for  planting  or  churches  with  well  qua'ified  miniflers  : 
rules  are  fet  down,  by  which  inferior  judicatures  iliall  be 
directed  in  all  their  proceedings.  It  is  their  bufinefs  to 
fee  that  the  fmall  part  of  the  patrin  ony  of  the  church  yet 
remaining  be  preferved  and  rightly  applied.  They  join 
or  disjoin  parifhes  from  prefbyreries,  and  presbyteries  from 
fynods:  they  indict  national  fafts  and  thankfgivings:  they 
are  concerned  to  appoint  fit  perfons  and  methods  for  draw- 
ing up  the  hilfory  of  the  church  :  they  alio  ought  to  take 
care  that  works  of  charity,  for  fuflentation  of  the  poor, 
be  promoted.  By  the  wifdom  and  authority  of  this  Af- 
lembly, gangrenes  of  errors  <nd  divifions  are  prevented, 
that  they  ipread  not  againfl  truth  and  unity.  But  they 
decline  to  meddle  in  thefe  matters  they  judge  civil,  as  be- 
ing incompetent  to  them,  as  may  be  (ben  by  the  index  of 
unprinted  acts  of  Aflembly  •  690.  Church-judicatures  ought 
not  to  meddle  formally  with  civil  matters,  no  more  than 
the  fiate  ought  to  meddle  formally  with  matters  ecclefia- 
i  flic  ;  but  the  object  materially  confidered  may  be  the  fame, 
and  fall  under  confederation,  both  of  church  and  flare, 
in  different  refpects.  By  the  5th  article  of  the  3  ifl  chap- 
ter of  our  Confeffion,  fynods  or  councils  are  to  handle  or 

I  conclude 


66  Government    of    the  Book  I. 

conclude  nothing  but  what  is  ecclefiaftical,  and  are  not  to 
intermeddle  •■  ith  civil  affairs  which  concern  the  common- 
wealth, unlefs  by  way  of  humble  petition  in  cafes  extra- 
ordinary, or  by  way  of  adv;ce  for  fafisfaclion  of  confci- 
ence,  if  rh^y  be  thereunto  required  by  the  civil  magiftrate. 
Commiflions  §  2^  What  matters  General  ^iflemblies  cannot  overtake 
cfGe^eralAf-  themfelves,  they  do  refe^  to  their  commiiTions;  in  pro- 
ferabiie$ their  priety  of  fpeech  they  do  import  the  fame  thing  with  com- 
mittees :  yet,  de  praxis  a  committee  is  appointed  only  to 
prepare  matt  rs,  wherca-  a  commiflion  determines  in  mat- 
ters committed  to  them,  and  from  whofe  fentence  therein 
there  lieth  no  appeal  to  the  enfuing  General  Aflembly, 
though  a  complaint  may  be  tabled  before  the  next  Afiem- 
bly  againft  the  commiflion  their  proceedings  The  power 
of  the  General  Aflembly  is  never  lodged  in  them,  as  to 
making  acts  in  any  cafe:  and  it  is  both  more  expedient 
and  decent  that  the  Aflembly  determine  in  cafes  of  appeals 
from  fynods,  where  they  have  been  unanimous  in  their 
fentence,  than  to  refer  the  final  decifion  to  a  commiflion, 
who  may  be  of  a  f nailer  number  than  the  fynod,  and 
whole  quorum  is  but  about  the  eight  part  of  forr.e  fynods. 
Delegation,  or  commiflion  to  determine,  feems  inconfift- 
ent  with  the  principles  of  Presbyterial  government:  for  if 
the  Aflemblies  of  the  church  can  give  power  to  delegates 
to  determine  in  one  point,  they  may  in  more,  <:nd  confe- 
quently  in  all  and  thereby  may  introduce  a  Prelacy.  Ge- 
neral .Aflemblies  fhould  not  give  any  other  delegations  but 
executive,  except  in  extraordinary  cafes  :  for  they  being 
delegate  themfelves,  ought  leait  of  any  church-aflembiy 
to  delegate :  and  if  they  can  commit  their  power  to  twen- 
ty-ore, certainly  the.  may  commit  the  fame  to  fourteen. 
Commiflion  may  have  (ub -committees  for  preparing  and 
reporting,  but  not  to  determine,  or  fo  as  to  roll  the  com- 
miflion upon  them.  The  ccmmiilion  and  the  proceedings, 
and  regifter  of  their  actings  are  always  fubjecT:  to  the  cen- 
fbre  of  a  General  Aflembly  If  the  Afllmbly  do  not  ap- 
point their  moderator  and  clerk  to  attend  them  in  thofe  Ra- 
tions, they  may  then  nominate  their  own  moderator  and 
clerk.  Their  quorum  is  twenty -one,  whereof  fifteen  to 
be  always  minifters,  and  they  contin  e  till  a  new  General 
Aflembly  meet,  as  may  be  feen  in  the  printed  commiflions 
in  the  ads  of  Aflemblies. 

§27.  The 


Tit.  t  /;.        Church    ofScotland.  6j 

§  27.  The  General  Aflemb'y,  by  their  6th  act  •  705,  The  method 

does  appoint  that  the  whole  presb  teries  of  this  national  of  cl^mg 

church  be   equally  reprefenred  in  commiflions,  and  that  !Je   commi£. 

thcir  reprefentation  be  proportioned  to  the  number  of  mi-  {ion,  their 

nifters  that  are  in  each  presbytery  ;  the  old  minifters  which  charges  to  be 

were  ordained  before  the  year  166  >,  being  always  fuper-P,     \  an)r 

,    ,  J       ,  r   ,  1  r   1      churcjies  iup- 

numerary :  and  that  two  or  three  or  the  members  or  the  pi:C(j. 

General  Adembly  in  each  fynod,  be  appointed  as  a  com- 
mittee to  name  the  members  of  the  com  million,  and  that 
the  whole  reprcfentatives  of  presbyteries  in  the  fevcral  fy- 
nods  at  Ademblies,  do  meet  by  the  nfelves,  and  name 
their  refpective  members  of  the  faid  committee.  And  the 
General  Adembly  by  the  fame  act  docs  appoirt  the  ex- 
pences  of  the  faid  commidioners  to  be  born  and  defrayed 
by  the  feveral  presbyteries  which  they  reprefent,  accord- 
ing to  the  number  of  the  days  of  their  attendance ;  and 
that  their  presbyteries  fake  care  to  fupply  their  charges 
with  preaching  during  their  abfence  on  the  account  fore- 
said 

§  ->8  The  General  Adembly,  by  their  6th  act  1703,  Abfentsfrom 
does  require  the  members  of  the  commiiTion  to  give  all  the  commif- 
due  attendance  "'  jreon,  as  they  will  be  anfwerabie,  which  fi°n>  h°T,v 
members  are  condefcended  upon  by  the  1  5th  act  of  AfTem- cerualecu 
b!y  1765,  to  be  one  at  leaft  of  that  number  of  the  feve- 
ral presb  teries  who  are  members  of  the  con  million,  and 
they  are  to  attend  the  meetings  thereof  by  turns.  And 
presbyterie**  are  ordained  to  fen!  in  to  the  commiiTion,  the 
names  of  fuch  as  they  have  appointed  to  attend  the  feve- 
ral diets  thereof.  And  by  the  forfaid  act  1  703,  the  clerks 
of  the  commiiTion  are  ordained  to  record  lifts  of  the  ab- 
fents  from  each  quarterly  meeting,  and  from  the  meetings 
in  time  of  parliament,  or  who  fhall  go  away  therefrom 
without  leave  firft  obtained,  and  fend  an  extract  of  their 
names  to  the  refpective  fynods,  who  are  impartially  to 
cenfure  them,  and  make  report  thereof  to  the  next  Gene- 
ral Vflembly  :  and  to  this  effect,  the  clerks  of  the  commif- 
fion  are  ordered  to  lay  before  that  Adembly  the  lifts  of 
thefe  abfenrs.  And  in  the  inftructions  to  the  commiiTion 
170H,  all  presbyteries  within  twelve  miles  of  Edinburgh 
are  di. charged  to  meet  during  fitting  of  the  commiffion 

§   39,    Some  few    years  ago,  the  presbyteries  of  tm's 
church,  conform  to  what  had  been   before  practi fed,  did 

I  2  delegate 


68  Government  of  the  Book  I . 

JMegates  delegate  one  of  their  number,  being  a  minifter,  to  repair 
teries*to  at-  t0  tne  c,ty  wnere  tne  parliament  did  fit,  and  during  that 
tend  parlia?  time  attend,  and  watch  ne  quid  detriment!  caperet  ecdefia% 
•merits.  But  the  commiflion  confifling  of  both  minifters  and  elders, 

No  lawful  without  which  no  ecclcfiaftical  judicatory  or  committee 
church  com-t  thereof- can  be  lawful,  (fee  §  4  of  this  title),  and  alfo, 
V]ll  ut  ei°  rnat  aU  rbe  presbyteries  are  therein  reprefented,  and  that 
the  commiflion  now  is  ordered  to  attend  in  the  time  of 
parliament,  the  former  meeting  of  fuch  delegates  is  now 
lUppfied  more  conveniently  by  the  meeting  of  the  com- 
miflion ;  and  I  am  (lire,  much  more  legally  both  by  church 
and  (late  constitutions :  for  neither  do  authorife  any  other 
ecclefiaftical  judicatory  but  Aflemblies,  fyn  ds.  prefby- 
teries  and  kirk  feflions,  or  their  committees,  confining  of 
miniftefS  and  ruling-elders.  And  the  aft  of  parliament 
i^oo,  ratiflng  the  ConfelTion  of  Faith,  and  fettling  Pref- 
byt  rian  church- government,  doth  eftablifh  the  exercife 
of  that  church-government  in  the  hands  of  minifters  and 
ruling  elders  And  it  may  be  doubted  if  the  ftate  would 
correfpond  with  fuch  delegates,  or  regard  addrefles  from 
them,  their  meetings  wanting  the  (lamp,  both  of  civil  and 
ecclefiaftical  authority. 

§  jo.  in  the  act  of  Aflembly  20th  July  1640,  art.  2. 
^r  bl*9  concerning  ordering  the  Aflembly-houfe,  the  commiflion- 
(hould  have  ers  t0  General  Aflemblies  are  to  receive  tickets  from  the 
tickets  for  magiftratcs  of  the  burgh  where  the  Aflembly  fits,  at  the 
accefe.  delivery  pf  their  commiflions,  whereby  they  may  have 

ready  accefs  to  the  Aflembly-houfe  :  and  this  aft  is  renew- 
ed by  the  Aflembly    1690,  and  is  among  the  imprinted 
acts. 
Abfems  from       §  i  1 .  Fy  that  fame  aft,  whatfoevcr  prefbytery,  burgh, 
Mies      pr  university,  fhall  not  fend  commilBoners,  is  to  be  fum- 
red  ?en  U"     ^oned  t0  tne  next  General  Aflembly,   to  be  cenfured  by 
them  as  they  find  reaf enable.    "And  by  the  6th  aft  of  Ai- 
fembiy   1  699,  fuch  commifljpners  as  do  not  attend  duly 
from  the  beginning,  and  through  the  whole  diets  of  the  Ge- 
neral Aflembly,  and  the  committees  which  they  may  be 
tr*«,  ft-u    r    Pllt  Upon,  nor  having  a  relevant  excufe,  may  be  cenfured 
afeofMbm,  *s  thc  Alien.bly  (hall  think  ft 

bly,  ard  pe-       §32.  The  llile  of  a&s  of  the  General   Aflembly  runs 
tf^as  there,  thus.:   The  Gen. nil   Aflembly  appoints  and  ordains,   and 

to,    Tnc>       fbmetimes  recommends.     Their  afh  mould  rather  be  like 

not  run     ,.,     ..         r         .        .    .      .        vc       r     c  ,  ,   . 

in  the  macri,  Qirccuons  from  Ui>  chair,  uian  ducyuries  frorn  tne  pm pit. 

ftrates  tUlB  TtWgh 


Tit.  15.      Church  of  Scotland.  69 

Though  the  Sovereign's  perfon  be  therein  fometimes  re- 
prefented,  yet  his  name  cannot  be  joined  with  the  Gene- 
ral AfTembly  in  making  of  a£h;  Ixcaufe  the  civil  magi - 
ftxate,  confidered  as  fuch.  is  neither  head  nor  member  of 
the  church,  nor  of  any  of  her  judicatures  ;  and  it  is  the  au- 
thority of  the  General  Affembly  of  this  national  church 
that  can  alone  bind  her  members :  Which  authority  doth 
not  Co  properly  confift  in  making  of  laws,  as  it  doth  in 
declaring  what  their  Lord  and  Mailer  hath  already  appoint- 
ed And  though  eccleiiaftical  connitutions  ftiould  be  en- 
acted in  the  foverei^n's  name  and  authority,  yet  thefe  could 
never  bind  the  fubje&s  as  fuch,  becaufe  the  legislative 
power  is  lodged  in  the  Sovereign  and  eftates  of  parliament, 
and  in  them  only.  Hence  ail  petitions  to  the  General 
AfTembly  are  only  addreffed  to  the  moderator  and  members 
thereof,  and  not  to  the  Sovereign  nor  his  commiffioner, 
though  prefent;  for  petitions  can  be  prefented  to  none 
but  to  fuch  as  thofe  in  whofe  name  and  authority  they  are 
granted. 

§  ]$.  Fy  the  acr.  of  AfTembly  December  20,  1638,  they  The  authori- 
ordain  presbyteries,  and  provincial  AfTemblies,  to  convene  ties  of  Ailem- 
before  them  fuch  as  will  not  acknowledge  that  AfTembly,  bljesandtheir 
(and  from  a  parity  of  reafon  any  other  Aflembly),  nor  ac-     -j    ^  ^f 
quiefce  unto  the  ac"h  thereof,  and  to  cenfure  them  accord-  beying  and 
ingly  ;  and  refractory  presbyteries  are  to  be  fummoned  by  declining  the 
the  commi/Iion  to  compear  before  the  next  General  Af-  ^aiTle* 
fembly  to  abide  their  trial  ;  and  by  a  claufe  in  the  end  of 
the  Kth  acl,  feffion   2.  King  William  and  Queen  Mary's 
parliament,  it  is  provided,   that  whatfoever  miniiter  being 
convened  before  the  General  AfTembly,  or  reprefentatives 
of  this  church,  or  their  commifTions,  or  the  vifitors  to  be  by 
them  appointed,  fhali  either  prove  contumacious  in  not  ap- 
pearing, or  be  found  guilty,  and  therefore  cenfured,  whe- 
ther by  fufpenfion  or  deposition,  they  fliall  tpjo  facto  be  fcn 
fpended  from,  or  deprived  of  their  flipends  and  benefices. 
And  by  the  book  of  canons  put  in  form  for  the  govern- 
ment of  the  church  of  Scotland,   by  Engiiili  bifliops  their 
counfel  and  influence,   and  approved  by  King  Charles  I. 
his  proclamation,  dated  at  Greenwich  the  23d  day  of  May 
j,6j£,  it  13  appointed,  that  national  fynods  called  by  his 
Majefty's  authority,  for  matters  concerning  the  Mate  of  taq 
church  in  general,  fliall  bind  all  peribns,  as  well  abfent  as 

prefent^ 


70  Government    of    the         Eook I. 

prefent,  to  the  obed   rce  of  the  decrees  thereof  in  matters 
ecc  ciaffical.     And  if  any  fhall  affirm  or  maintain,  that  a 
national  fynod  fo  afTemb  ed  ought    not  to  be  obeyed,  he 
fhal   be  excommunicated    till  he  pubiicij  repent  and  re- 
voke his  error. 
Advocate  or        $34.  Befide  the  clerk  of  the  AiTembly,  there  uferh  to  be 
procurator,     an  advocate  or  procurator   for  the  kirk  chofen  by   them, 
foli1C!tf>r  °r    w^  °  was  t0  a^v''  e  tncm  m  mGttcrs  of  civil  \  ighr,  and  to  plead 
kjric    °r  ^  wnat  conccrns  tnc  rignt  °f  tne  church  before  civil  courts  ; 
and  in  his  name  fummonfes  are  raifed  before  the  commif- 
fion  of  parliament  for  plantation  of  kirks,  or  Lords  of  fef- 
fion.     The  agent  or  follicitor  for  the  kirk  is  likewife  e- 
lected  by  the  Aflembly    and  he  acts  a  .d  agents  their  bufi- 
nefs  in  fuch  order  as  they  appoint  him.      i  heir  agent  was 
priviledged  to  be  prefent  at  all  the  meetings  of  that  com- 
mifTion  oi  parliament,  even  when  they  acted  with  cloie  doors. 
In  the  late  Prelatic  times,  the  King's  follicitor  was,  by  his 
patent,  conilitute  follicitor  for  the  church  too.     But  whe- 
ther in  this  government  her  Majefty's  advocate  be  alfo  by 
his  patent  conftitute  advocate  for  t  e  church,   is  a  thing  i 
cannot  cerrainly  aiTert.     The  agent  has  the  care  put  upon 
him  of  fending  difptches  to  the  feveral  presbyteries. 
The  adjourn-       $  j 5-  All  church  judicatures  at  every  rifing  appoint  their 
ing  and  dif-  next  fitting,  fo  that  their  meetings  are  not  precarious  and 
fblvuigcfAf-  uncertain,  but  entirely  and  intrinfically,    as  to  their  time 
othe^cWch-  and  frequency,  lodged  in  the  will  and  difcretion  of  the 
judicatures,     plurality  of  the  members  of  her  refpecYive  judicatures.  1  he 
ki  k  fefTion,  being  properly  the  only  radical  church  judi- 
cature, n.-tconfifting  of  delegate,  but  of  perpetual  and  fix- 
ed members,  cannct  be  at  any  time  difTolved-  but  by  them- 
felves  are  adjourned  from  time  to  time  :  Albeit  they  ufe  to 
begin  and  conclude   the   number  of  their  feflions,   at  and 
after  the  prefbytery  hath  approved  of  their  proceedings. 
All  church  judicatures,  but  efpecial ly  this,  were  called 
Confiilories,  where  the  judges  did  (land  in  adminiftrihg  ju- 
ftice  ,  fee  Stair's  inff.it.  p.  $  u )  and  even  yet,  their  mode- 
rators, prefidents,  or  prolocutors  do  {'and,  as  the  n  outh 
of  their  meetings.     Prefbyreries  are  radical  as  to  the  pa- 
llors, and  delegate  as  to  the   ruling  elders,   (fee  tit     12. 
§  1.)    For  the  firff  prefbytery  afte?  each  ordinary  meeting 
of  the  iynod,  when  new  elections  of  elders  are  returned, 
that  presbytery  doth  begin  the  firft  fefTion  thereof,  and  fo 

other 


Tit  ry.    Church    of    Scotland.  71 

other  feffions  of  the  fame  continue  till  the  next  fynod  in 
ordinary  be  over.  And  provi>  cial  fynods  confiding  of 
presbyteries,  they  do  in  part  diflolve  twice  a  year,  and  fo 
the  fy  nodical  feffions  are  counted  from  one  ordinary  fynod 
to  the  next  ordinary  meeting  of  another  fynod  But  na- 
tional Aflemblies  being  annual,  and  confining  all  of  dele- 
gates, as  hath  been  faid,  the  feffions  thereof  are  counted 
from  the  firft  meeting  until  they  pait  and  difTolve  in  the 
fame  place,  at  lead  by  the  conftitutions  and  practice  of 
this  church,  until,  and  no  longer  than  the  ordinary  time 
for  a  new  annual  Aflembly :  for  no  doubt,  an  Aflembly, 
if  the  affairs  of  the  church  fo  require,  may  tranflate,  and 
alfo  continue  their  meeting,  as  was  done  anno  16^1 ;  bur 
it  neceflarily  diflblves  before  the  year.  At  the  clofing  of 
every  feffion  of  the  Aflembly,  the  moderator  appoints  the 
next  diet,  in  j  refence,  and  with  co-nfent  of  the  members; 
then  he  turns  to  the  commiffioner,  and  acquaints  his  Grace 
thereof,  to  wiiich  he  o  nariiy  an  fibers,  Be  it  fo  or.  I 
am  iatisficd ;  whereupon  the  adjournment  is  intimated 
publicl;  at  the  door  by  the  beddal,  afterwards  the  mode- 
rator clofes  with  prayer. 

§  \b.   At  clofing  of  the  General  Aflembly,  fome  few  Committee 
of  their  number  are  nominated  to  affift  the  m  -derator  and  *fr  reyi&ng 
clerk,  in  revifing  the  minutes  and  proceedings  of  that  Af-  ^  "^tS 
fembly,  before  the  fame  be  recorded  in  their  regifters,  and  the  ads. 
to  determine  v.  hat  of  their  a£te  are  fit  to  be  printed  :  but 
it  were  as  proper  for  the  Aflembly  to  give  orders  therein, 
as  the  acts  are  pafled 

§    2  J     All   the  affairs  which  the  Aflembly  could  over-  The  ordinary 
take,  being  brought  to  a  clofe,  the  moderator  caufeth  read  wa7  ot    <*il" 
the  minutes  of  the  lair  federunt,  thefe  of  former  federunts  ^^  Af~ 
being  always  read  at  the  beginning  of  each  feffion  ;   which 
being  done,  he  difcourfeth  to  the  Aflembly  concerning  the 
good  providence  of  God  that  brought  them  together,  and 
in  allowing  them  the  countenance  and  protection  of  the  fu- 
preme  magiftrate;  and  exhorteth  the  members,  tofauhful- 
nefs,  loyalty,  arad  diligence  in  their  ftations.     The  mo- 
derator having  understood  the  mind  of  the  Aflembly  from 
previous  communings  with  the  members,  as  to  the  particu- 
lar time  and  place  of  the  next  Affirmbly's  meeting,  which 
diet  being  concerted  before,  alio  with  the  commiffioner, 
he  doth  in  their  name  reprefent  the  fame  to  the  King  or 

Queen, 


7 1  Government    of    the        Book  I. 

Queen,  or  their  commidioner,  if  prefent,  and  upon  their 

agreeing  thereto,  it  is  to  be  recorded  and  publicly  intimate 

at  the  door  of  the  Adembly-houfe  by  their  order       T  he 

commifTioner  agrees  ordinarily  thereto  in  thefe  or  the  like 

words  (to  many  offend  ve  enough)  I  do  in  my  Mailer's 

name  (or   her   Majefty's    name)  didblve  this  Adembly  ; 

and,  in  the  fame  name  and  authority,  i  appoint  the  next 

General  Adembly  ro  meet  at  fuch  a  time  and  place,  which 

ordinarily  is  the  farfie  t*  ith   that  which  the  moderator  in 

name  of  the  Adembly  did  reprefent.     Then  the  m  dera- 

tor  clofeth  the  Adembly  with  prayer,  finging  of  pfalms, 

and  pronouncing  of  the  bleding. 

How  two  Af-       §  38.  indeed  when  it  happens  that  a  commidioner  doth 

femblieswere  rather  cro(:>  than  countenance  the  Adembly,  either  by  an 

diflblved   in    abrupt  and  interrupting  didblution,  or  by  not   appointing 

j?  t"  ™„«     the  next  annual  Adembly  according  to  law  ;  in  thefe  cafes 
dinar/  man-  .  .  J  5  J 

ner,  and  their  their  behaviour  is  dirrerenr,  as  may  appear  in  the  two  rol- 
behaviour  in  lowing  indances  The  firft  was  in  the  Adembly  it; ^8. 
thefe  cafes.  There  the  M  of  H.  his  Majedy's  commidioner,  having 
didblved  them  after  fome  few  days  fitting,  both  in  the  Al- 
fembly-houfe  and  by  public  proclamation;  they  did  not- 
withstanding (  having  |  rotefted  against  their  didblution) 
continue  their  fitting  till  they  ended  the  work  they  met 
for,  and  appointed  the  time  for  their  next  General  Adem- 
bly, for  w  hich  you  will  find  their  apclogeri  al  vindication 
in  their  printed  letter  to  the  King  Another  indance  is 
this,  the  E.  of  Lothian,  their  Majefties  commidioner  to 
the  General  Adembly  1692,  upon  Saturday  the  13th 
of  February,  (the  Adembly  being  met  and  conditute  by 
prayer)  did  immediately  thereafter  deliver  himfelf  as  fol- 
lows :  Moderator,  what  I  faid  lad:  had  fo  little  fucceis, 
that  I  intend  to  give  you  no  more  trouble  of  that  na- 
ture; only  this,  3*011  have  now  fat  about  a  month,  which 
was  a  competent  time  both  to  have  done  what  was  the 
principal  defign  in  calling  this  Adembly,  (of  uniting 
with  your  brethren)  and  to  have  cone  what  elfe  related 
unto  the  church  ;  but  his  Majedy  perceiving  no  great  in- 
clination among  you  to  comply  with  his  demands,  hath 
commanded  me  to  didblve  this  prefent  General  Adembly; 
fo  I,  in  their  Majefties  name  and  authority,  do  didblve  this 
prefent  General  Adembly.  \Y hereupon  the  moderator 
asked  his  Grace,  if  this  Adembly  was  dilfolved,  With- 
out 


Tit.  15.         Church  of    Scotland.  73 

out  naming   a  diet    for  another  ?     To    this    his    Grace 
made    return    in    thefe  words :     His    Majeliy   will    ap- 
point another  Afle-nbly  in    due  time,     wherewith   you 
will  be   timeouily  advertifed.     Upon    this,    the    mode- 
rator definng  of  his  Grace  that  he   might    be  heard   a 
few  words,  his  Grace   told   him   that  he  could  not  hear 
him  as   moderator,  but  only  as  a  private  perfon  :  the  mo- 
derator aniwered,  in  whatever  capacity  your  Grace  plea- 
feth,  I  beg  to  be  heard  a  few  words      His  Grace  replied, 
That  as  a   private  man   he  might   fpeak  ;  whereupon  the 
moderator   delivered   himfelf  as   follows :  May  it  plesfe 
your  Grace,   this  Afieinbly,  and  all  the  members  of  this 
national  church,  are  under  the  greatefl  obligations  pofflble 
to  his  Majefty,  and  if  his  Majefty's   commands  to  us  had 
been  in  any  or  all  our  concerns  in   the  world,  we  would 
have  laid  our  hands  on   our  mouths   and  been  filenr :  but 
they  being  for  a  diflblution  of  this  AfTembly,  without  in- 
di&ing  another  to  a  certain  day  ;  therefore,  (having  been 
moderator  to  this  Aflembly),  in  their  name,  they  adhering 
to  me,  I  humbly  crave  leave  to  declare,  that  the  office- 
bearers  in  the  houfe  of  God,  have  a  fpiritual  intrinfic  :ntr^n ; . pow^ 
power  from  Jefus  Chrift,  the  only  head  of  his  church    to  er  afierted. 
meet  in  ademblies  about  the  affairs  thereof,  the  neceffry 
of  the  fame  being  fir(r.  reprefented  to  die  magifl  ate.    And 
further,  1  humbly  crave,  that  the  difTolution  of  this  Af- 
fembly,  without  indi&ing  a  new  one  to  a  certain  day,  may 
not  be  to  the  prejudice  of  our  yearly  General  AfTemblies 
granted  to  us  by   the  laws  of  this  kingdom      Here  the 
members  rofe  up,  and  with  one  voice,  declared  their  ad- 
herence to  what  'the  moderator  had  faid  •,  whereupon  the 
moderator,  turning  himfelf  to  the  Aflembly,  cried,  Breth- 
ren, let  us  pray  :  but  the  members,  by  a  general  cry,  pre£- 
fed  to  name  a  diet  for  the  next  General  Aflembly.    Where- 
upon the  moderator  faid,  If  they  pleafe.i,  the  next  Gene- 
ral Aflembly  might  meet  here  at  Edinburgh  upon  the  third 
Wednefday  of  Auguft  J6y^;  and  the   members  did  again 
with  one  voice  declare  their  approbation  thereof     Then 
the  moderator  having  ordered  filence,  concluded  with  pray- 
er, and  finging  the  ijjd  pfalm,  and  pronouncing  of  the 
blcffing. 

§  j 9.  In  th    end  of  the  a&  of  AfTembly  1647,  appro   judgement  a- 
ving  the  Confeflion  of  Faith,  it  is  aflerted,  that  it  is  al-  bout  their 

K,  Ways  *igjit  to  meet 

fynodically. 


74  Government    of    the        Book  1. 

ways  free  to  the  ma^iftrate  to  advire  with  fynods  of  mini- 
fle  s  and  ruling  elders  meeting  upon  delegation  from  their 
churches,  either  ordinarily,  or  being  ind:c"ted  by  his  autho- 
rity occafionally,  and  '  ro  re  nnta.  t  being  alfo  free  to 
afTemble  together  fynodically,  as  well  ito  r e  r,ata,  as  at 
the  ordina  y  ti  nes  upon  delegati  ns  fro  n  the  churches,  by 
the  intrinfic  power  received  from  Chriit,  as  of. en  as  it  is 
ncceflary  for  the  good  of  the  church  to  aflemble,  in  cafe 
the  magiftrate,  to  the  detriment  of  the  church,  with  hold 
or  den"  his  confent,  the  n  celfity  of  occafional  AiTemblies 
being  firft  remonftrate  unto  him  by  humble  lupplication  ; 
fee  § ,  i .  of  this  title. 

TITLE    XVI. 

The  Order  of  th$  Rolls  of  Church- Judical  tires,  and 
Ranking  of  Church  Office-bearers.  And  of  her  Re- 

gijiers. 

Rollsoflurk-       §  *•    ID  Uling  elders  and  deacons  in  church-feflions, 
jefnons,    and  -*-^-  fhonld  be  regularly  inrolled,  and  called  to 

ranking  of  take  place,  according  to  the  feniority  of  their  ordination  : 
but  the  poverty  of  ihe  church  being  fuch,  that  there  is  no 
maintenance  or  benefice  annexed  to  thefe  offices  there- 
fore they  ufe  to  be  racked  accordi  g  to  their  lecular  ita- 
tions  and  employments;  only  feniority  of  ordination  may 
be  a  rule  whereby  difputes  for  precedency  among  equals 
are  to  be  decided. 

TT         .  .  §  2   All  miniilers  are  inrolled  in  prefnvteries,  and  have 

How  mini^         }  J  ,  ,.  r    .     .  v        ,-  ,    .         ,. 

fters  take       place  only  according  to  the  feniority   c!  their  ordination ; 

place  of  one  a  prefbytcr  labouring  in  the  word  and  doctrine,  being 
another,  the  higheft  officer  in  the  church,  to  be.fure  no  office- 
bearer of  an  interior  order  will  ever  compete  with  him  : 
and  therefore  a  minifter  of  a  later  ordination,  albeit  he 
have  the  character  and  ftation  of  almoner  or  chaplain  to  the 
Royal  Family,  or  of  being  hiftoriographer,  principal,  or 
profeflbr  of  theology  or  philofophy  in  any  univerfity,  yet 
he  will  not  preftune  thereupon  to  take  place  from  one  of 
a  p:  ior  ordination ;  becaufe  a!l  thefe  llations  and  characters, 
ecclefiaflieally  confidered,  are  of  an  inferior  order  to  t  at 
of  the  paftor,  unlets  he  pretend  unto  it  by  virtue  of  civil 

place 


Tit.  1 6.         Church    of    Scotland,         j$ 

place  and  power,  which  s  condemned  in  pallors  as  incom- 
patible with  their  fpritual  fun&xn,  by  Aflembly  103-, 
Decern.  9.  but  the  order  in  which  minim,  is  d  liver  the 
pre fbyterial  exercifes,  is  according  to  the  feniority  of  e- 
rccTion  of  the  pai  ifli  churches  where  they  officiate 

§  3,  It  is  ufual  to  change  the    order  of  the  roll  every  R0rj3  0f  fy„ 
fynod,  fo  that  the  prefbytery  that  was  fiift  called  in  the  nods,  how 
roll  of  the  former  fynod,   is  now  called  lad  (as  was  (aid  a-  °^rere^\  No 
bove),  and  that  which  was  in  the  fecond  place  is  now  cal-  ^ers  tovote 
led  firit :  and  the  members  are  called  according  to   he  roll  when  t}>ey 
of  each  j  resbytery,    prefented  to  the  clerk  by  the  mode-  may  be  fa* 
rators  thereof,  with  the  ruling  elders  therein  infert.     And  Pcrn^™^ary 
though  a  parifh  be  vacant,  or  the  minilter  thereof  not  pre- 
Jenr,  yet  the  ruling  elder  for  that  church  f-flion  is  to  be 
called  for  and  inrollcd      But  thofe  who  are  againft  ruling 
elders  their  being  fupernumerary   to  minillcrs  in  judica- 
tures may  difLke  this  :    Yet  if  once  a  judicature  fix  on  a 
quorum,    whereof  always   fo   many  are  to  be  minifters, 
though  double  their  number  of  elders  mould  come  and  be 
prefect,  there  is  nothing  as  yet  to  hinder  them  all  from 
voting. 

§  +   The  rolls  of  General  A/Iemblies  do  begin  with  the  Roj1s  Qf  G 
fynod  which  in  the  former  AiTembly  a  as  called  in  the  fe   neral  Affe.m- 
cond  place,  leaving  the  fynod  which  was  then  fi  ft  called  blies. 
now  Jail ;  by  which  rotation  the  equality  is  better  pre  fer- 
ved.    Commifiioners  from  presbyieries  are  placed  in  their 
commifljons  according  to  the  feniority  of  their  ordination  : 
next  to  them  are  inrolled  the  commifiioners  from  the  uni- 
verfities  within  the  bounds;  and  next  to  them  fuch  as  have 
commiflions  from   royal  burghs  therein.     In  General  Af- 
femblies,  ruling  elders  are  called  immediately  after  the 
miniltcrs  :heir  colleague  commiffioners. 

§  5.  1  he  firft  thing  to  be  done  at  every  diet,  after  cal-  Minutes  revi- 
ling the  rolls,  is  the  hearing  the  minutes  of  the  lad  fede-  fedandfigned 
runt  or  feflion    read  ;  and  tail  they  be  paded  and  allowed    ^°re  ex~ 
b\    the  judicature,  and  alfo  fnbfcribed  by  the  moderator,  corqW. 
there  ought  no  extracts  thereof  to  be  given  ;  nor,  till  then, 
fhould  it  be  warrantable  for  the  clerk  to  enter  them  into 
theregifter.  /   Clerk  and 

§  b.  in  any  thing  wherein  the  moderator  or  clerk  is  moderator  a 
particularly  concerned,  they  ought  in  that  cafe  both  to  fob-  check  to  ™£ 
fen  be  the  minutes,  as  the  privy  feal  ufed  to  be  appended  zttkvxiov.  ° 

■**■  £  to  allj_  title  of 

the  re-lets. 


76 


Government    of    the 


Book  I. 


Torm  of  an 
proving 
church -regi- 
fters  runs  in 
a  negative 
ftyle. 


to  charters,  or  the  like  paffing  the  great  feal  in  favours  of 
the  keeper  of  the  great  feal.  And  at  the  clofe  of  the  re- 
gifter  of  every  General  Aflembly,  and  of  each  inferior 
church  judicature,  when  they  are  given  in  to  be  appro- 
ved by  their  next  immediately  fuperior  judicature,  they 
bear,  <k  Here  ends  the  regifler  of  the  acts  snd  proceedings 
44  of  from  to  confiding  of         pages." 

And  this  atteftation  is  to  be  fibfcribed  b>  the  moderator 
and  clerk  :  and  every  record  at  the  beginning  is  to  bear 
its  own  proper  title,  viz.  The  regifrer  of  the  acts  and 
proceedings  of  fuch  a  judicature,   begun  at  the 

day  of  &c. 

§  ?.  By  the  ninth  act  of  Aflembly  1700,  they  appoint 
all  provincial  fynods  and  presbyteries  to  be  careful  in  revi- 
fing  the  rtgifters  of  the  judicatures  under  their  immediate 
infpection,  and  that  they  appoint  a  competent  number  of 
the  molt  fit  and  experienced  among  them  for  that  wrork  ; 
and  when  they  find  nothing  to  challenge  in  any  regifter, 
they  are  to  give  it  the  atteftation  following  :  "  The  pro- 
"  vincial  fynod  of  having  heard  the  report  of  thofe 

u  appo:ntcd  to  revife  the  presbytery  book  of 
"  and  having  heard  their  remarks  thereupon,  and  the  faid 
M  presbyter)  's  anfuer  thereto ;  and  it  having  been  inquired 
"  by  the  moderator,  if  any  other  had   any  complaints  to 
**  m:;ke  againlt  the  actings  of  the  faid  presbytery,  and  no- 
u  thing  appearing  cenfurabie    ordered  the  clerk  to  attell 
"   this  in  their  presbytery  book."     And  fo  tor  the  regi- 
fters  cf  provincial   fynods  and   kirk-feTions,  mutath  mu- 
tandis ;  and  alfo  for  the  regi iters  of  the  commiflions  of  Af- 
fcmblies,  by  the  cth  act  of  Aflembly  1700.    But  if  there 
beany  thing  truely  cenfurabie  in  the  faid  books,  with  re- 
ipect  to  difcipline,  that  it  be  recorded  as  ceniured,  both  in 
the  fynod  book  and  attention. 
Order  in  fill-        §  3.  All  fentences  and  acts  are  to  be  filled  up  in  the  re- 
ingupblanks,  cords,  as  all  other  things  Ihould  be,  according  to  the  priority 
irterlir?g        of  their  being  voted  or  agreed  unto,  and  that  although  no 
and  amiffions  extract  hath  been,  or  perhaps  ever  may  be  called   for. 
in  regiilers.    And  when  any  thing  is  omitted  in  the  bodv  of  a  record,  it 
may  be  written  on  the  margin,   which    the  moderator  and 
clerk  muft  fubferibe  again.     When   any  thing  is  delete, 
let  it  be   marked  delete  en  the    margin,  and  iubferibed 
as  the  other,  counting  the  lines  or  words  blotted  out. 

But 


Tit   1 6.         Church    of    Scotland.        77 

But  interlinings  are  mod  improper,  and  derogatory  to  thar 
credk  which  a  record  fliould  bear  Further,  when  any- 
blank  is  left  in  the  record,  and  yet  there  is  nothing  want- 
ing, it  may  be  fcorcd,  or  which  is  more  proper,  filled  up 
with  nihil  hie  deeft  ;  which  words  may  be  lengthened  or 
fh  rtened  according  to  the  bounds  of  the  blank.  See  the 
9th  aft  of  AiTembly  1 706. 

§  u.  By  the  nth  aft  of  AiTembly  1703,  for  the  better  The  regifters 
preiervation  of  their  regifters,  they  ena&  and  appoint,  that  how  to  be 
there  be  two  authentic  copies  thereof,  both  fubferibed  by  preferved. 
the  moderator  and  clerk  ;  One  copy  whereof  to  he  in  the 
clerk's  cuflody,  and  the  other  to  be  fealed,  and  laid  in  fome 
fecure   place,   where  the   AiTembly  or  Commiflion  fhall 
appoint :   As  alfo,  that  a  fubferibed  extras  of  the  proceed- 
ings of  each  General   AiTembly  be  fent,   a  little  after  the 
rifmg  thereof,   to  the  feveral   fynods  within   this  church, 
to  be  by  them  recorded  in  a  book 

§  iu    As   to  the  ftyle  of  the  Aflembly's  addrefles  and  civilities 
letters  to  their  Sovereigns,  or  foreign  churches,  and   as  to  paid  by  the 
the  ftyle  of  their  letters  to  the  AiTembly,  both  may  be  feen  cllurcil- 
in  their   printed  regifters ;  as  alfo,  thefe,  with  the  records 
of  their  comn  ilTions,  will  evidence  what  civilities  the  church 
pays  in  congratulating  and  attending  on   the  minifters  of 
ftate,  and  other  great  men:  thus  they  court  their  favour, 
and  return  them  their  thanks ,  all  done  for  the  benefit  and 
advantage  of  the  prefent  church-eftabliiliment, 

TITLE     XVII. 

OfVifitation  of  Schools  andUniverfitizs. 

$■  1.   A  LL  fchools  and  colleges  were  to  be  reformed,  and  vifitations  of 

^k  none  admitted  to  inftru&    the   youth   privately  fchools  and 

or  publicly,  but  fuch  as  fhould  be  tried  by  the  vifitors  of  colleges  were 

the  kirk,  James  VI.  pari.  1.  cap.  1 1.  and  even  under  the  aPP,oin5fd  b/ 
1         l-     1  1     •       j  i     •  ...     authority  ot 

late  rreiacy,  none  were  admitted  to  teach  in  any  public  the  AiTembly. 

fchools,  without  licence  from  ihc  ordinary,  Charles  il. 
pari.  1.  fefT.  2.  cap.  4.  jub  fij.;  and  alfo,  by  thea&of  Af- 
fembly,  Dec,  17.  18.  16  ^,  art.  4.  they  ratify  the  a&s  of 
AiTembly  1565,  1567,  and  1 59$,  whereby  vifitation  of 
colleges  is  to  be  by  way  of  commifTion  from  the  General 
Aflembiy  j  and  the  principal  regents  and  profeflbrs  with- 
in 


78  Government    of    the         BookL 

in  colleges,  and  matters  and  doctors  of  fchools,  are  to  be 
tried  by  them  concerning  the  foundnefs  of  their  judgement 
in  matters  of  religion,  their  ability  for  difcharge  of  their 
calling,  and  the  honefty  of  their  converfation.  It  is  no 
wonder  the  church  think  herfelf  much  concerned,  that 
thefe  feminaries  oi'  learning  be  duly  regulated,  confider- 
ing  how  much  it  tends  to  the  increafe  of  Chriftian  know- 
ledge and  learning,  and  the  advantage  of  true  piety  and  re- 
ligion. By  the  General  Aflembly  163b,  they  grant  com- 
n.ifTions  for  vifitation  of  the  colleges  of  Aberdeen  and 
Glalgow;  and  the  Aflembiy  *  6^9,  appoints  vifitations  of 
the  univerfities  of  St  Andrews  and  Glafgow.  Ag..in,  the 
Afiembly  1640,  appoints  vifitations  of  Glafgow  and  A- 
berdeen  colleges,  as  may  be  feen  in  the  index  of  the  un- 
printed  acts  of  thefe  and  fubfequent  Aflemblies. 
Power  of  vifi-  §  2  The  power  of  vifitationa  of  univerfities,  c  lieges, 
tation  claim-  and  fchools.  is  now  claimed  by  the  Sovereigns  to  be  iheir 
ed  by  the  So-  undoubted  right  and  prorogative,  as  is  e  ideiit  from  the 
vereign.  "T"  narranve  of  the  act  of  parliament  1690,  for  the  vifitation 
and  work  <U-  °^  univerfities  1  he  power  granted  to  the  vifitors  by  that 
(Unguifhed.  act  is  only  executive  or  judicative,  and  not  legiflative, 
which  neither  can  nor  lhould  be;  for  feeing  the  truft 
wherewith  the  legiflators  themfelves  are  cloathed  is  only 
perlbnal,  it  cannot  be  delegated  to  others,  nnlefs  they  re- 
ceive power  from  their  constituents  for  ihat  effect  and  pur- 
pofe :  But  though  their  power  c  uld  be  delegated,  it 
fhould  not  be  done ;  for  fome  defining  and  didaffected 
members,  in  fuch  commiffions,  might  fo  manage  the  plu- 
rality fa  quorum  in  plant  and  regulate  thefe  nurferies  of 
church  and  itate,  as  might  pave  the  way,  and  difpofe  the 
nation  more  eafily  for  fome  pernicious  revolution.  The 
vifitors  appointed  in  that  commiffion  are  both  members,  of 
parliament  and  miniiters.  The  one  fort  I  think,  is  appoint- 
ed to  remove  difloyal  teachers,  and  to  confider  the  foun- 
dations of  thefe  feminaries,  with  the  rents  and  revenues 
thereof,  and  how  the  fame  have  been  managed,  and  to  fet 
down  good  rules  for  the  management  thereof.  And  mini- 
fters,  1  think,  are  named  to  take  trial  if  the  teachers  be  er- 
roneous, fcandalous,  negligent,  or  inefficient,  and  for  or- 
dering the  manner  of  teaching;  and  thereupon  prefent  their 
humble  advice  to  the  ftateimen  ;  lor  authoritatively  they 

cannot 


Tit,  17.         Church    of    Scotland.  79 

cannot  aft  without  delegation  from  the  church.  See  the 
title  about  extraordinary  fynods,  §   1. 

§  3    There  is  none  will  grudge  the  church  the  exercif   who  are  or- 
of  this  power  of  vifiting  colleges,   fo  much   a«   rhcfe   <;a    dmarirjr  the 
flers  who  have  ground  to  fear  that  their  inefficiency  and  greatefto*- 
ncgl  gence  may  come  to  be  expofed  and  difcovered  upon  cr.urch-vifita- 
an  exaft  and  judicious  trial.      A  rain    there  are  forr.e  fafti-  tious. 
ous   made  s  that  defire  only  ftatefmcn  to  be  vifitors,  a- 
mongwhom  they  think  fbme  of  theii  qxondun  difciplesmay 
be  found,  who  will  be  influenced  to  favour  their  ambitious 
or  revengeful  defigns. 

§  4.  As  to  grammar  fchools,  the  power  of  vifiting  them  prefl,ytenes 
remains  with  presbyteries  ;  for  by  the  '>  ;d  aft,  pari   16   4,  may  yet  viilt 
it  is  declared,  that  a'l  fchoolmafters,  and  teachers  of  youth  grammar- 
in  fchools,  are,  and  (hall  be  liable  to  the  trial,  judgement,  ^°^  twice 
andcenlure  of  the  presbyteries  of  the  bounds  for  their  Cv,l- 
ficiency,  qualifications,  and  deportment  in  the  fad  office, 
by  the  aft  of  AfTembly  7th  Feb.  164^,   they  appoint   ihat 
every  grammar- fchooi  be  vilited  twice  in  the  year,  by  vifi- 
tors  to  be  appointed  by  presbyteries  and  kirk  feffions  in 
land-ward  parimes  and  by  the  town-council  in  bu  gh^,  with 
their  minifters;  and  where  univerfities  are,   by  the  univer- 
fities,  with  confent  always  of  the  patron  of  the    choois, 
that  both   the  fidelity    and  diligence   of  the  mafters    and 
proficiency  of  the  icholars  in  piety  and  learning,  may  ap- 
pear.     Inquiry  is  alio   o  be  made,  if  mailer?    be  diverted 
from  due  atrcndarr.ee  by  anv  other  employment.     By  the 
1  -  th  aft,  Aflembly     706,  fomewhat  of  the  fame  nature  is 
injoined,    viz.  That    presbyteries  vilit  grammar    fchools 
twice  a  year,  by  fbme  of  their  own  number 

§  q    By  the  fore  (aid  aft    164/;,  they  appoint,   that   no  who  exa- 

fchoolmaiter  be  admitted   to  teach   a  grammar  fchooi  in  mines  fchodU 

burghs,  or  other  confiderable  parilhes,    but  fuch   as.    after  rafters  aii 
•  i_i  •    •/■  j  •  r     1  j  their  acmii- 

examlnation   by  the  minitters,  deputies  or   the  town  and  ^ 

kirk  feffion  and  pariih   (which  is,  I  think    the  heritors), 

ihail  be  found  fkillful  in  the  Latin  tongue,  no.  onl  lor 
prole,  but  alfo  for  vtrfe,  and  ihall  be  alio  approved  by 
the  [  resb)  tery  therein 

§  6.  By  the  fore  (aid  aft,  they  appoint,  that  at  the  time  Correfpond- 
of  every  General  Aifcmbly,  the  commiilioners  directed  ingofuniver- 
thereto  from  univerur  es,  meet  and  confult  together  k-r  the  -lties* 
advancement  of  piery  and  learning,  and  keeping  of  an  uni- 
formity 


8o 


Government    of    the 


Fook  T. 


formity  in  do&rine,  and  good  order  among  the  univerfi- 
ties.  What  they  do  this  way,  is  not  to  bind  the  univerfi- 
ties,  till  it  be  prefented  to  the  General  AiTembly.  and  re- 
ceive their  authority,  as  may  be  gathered  from  the  AfTem- 
bly's  a&j  i8rh  June  1646.  This  of  new  is  enacted  uy  the 
6th  acl  of  AiTembly  1 707. 


C  orrefpond- 
ing  with 
fon  ign  chur- 
ches, iuch  as 
Ma  gdeburg, 
1577,  and 
Weftminfter, 
1643,  the  ex- 
pences  and 
iare  conduce 
oi    orrefpon- 
deuts. 


General 
co  rticil,  its 

authority. 


TITLE     XVIIT. 

Of  a  General  Council  of  P  rot  eft  ants. 

§«.  AS  provincial  AfTemblies  may,  and  do  correfpond 
-  with  other  provincial  AfTemblies,  fo  may  Gene- 
ral AfTemblies  with  the  AfTemblies  of  ether  churches  In 
a  manufcript  of  the  acls  of  AfTemblies,  Edinburgh  October 
2  c  i  ^77,  you  will  find  that  Cafmir  having  written  to  the 
Queen  of  Lngland,  of  a  council  to  be  held  at  Magdeburg, 
for  eftabiiihing  the  Auguftine  Confeiiion,  the  Queen 
w  ote  thereof  to  the  recent  in  Scotland,  who  communica- 
ted her  letter  to  the  AfTembl  ,  and  de'ired  they  might  fend 
fome  of  their  number  to  aflifr.  thereat  Whereupon  the 
AiTembly  named  Mr  Andrew  Melvill  and  fome  others. 
And  fome  miniiters  and  elders  were  (cut  from  the  AiTem- 
bly to  the  AiTembly  of  Divines  at  Weftminfter,  in  order  to 
carry  on  the  unity  and  uniformity  in  religion  and  church- 
government  Jt  belongs  in  theie  cales  to  the  civil  powers 
of  thefe  nations  from  which  they  eo,  to  take  care  that  their 
charges  be  honeftly  defrayed  ;  and  the  flates,  in  whole  do- 
minions the  council  is  to  be,  life  to  grant  a  fafe  conduct  to 
the  foreign  ccrrefpondents.     See  tit    1 ...  §  9 

§  2.  In  the  book  of  poiicy  o'  the  k'rk,  agreed  unto  "nno 
158  1,  they  fay,  befides  thefe  AfTemblies,  there  is  another 
more  general  kind  of  AiTembly,  an  univerfal  AiTembly  of 
the  Church  of  Chrifi  in  the  world,  which  was  common- 
ly called  an  cecumenic  council,  reprtfemi  g  the  univerfal 
Church,  which  is  the  body  of  Chrift.  Their  warrant  to 
meet,  ard  the  authority  of  their  meeting,  muft  be  as  good 
and  as  great,  with  reipecl  to  national  and  general  afTem- 
biies  or  convocations,  as  the  authority  of  thefe  are  with  re- 
/pecT:  to  provincial  afTembhes  or  fynods. 

§  3  Ji'  the  Proteitant  Princes  and  Commonwealths 
would  condefcend  and  concert,  that  there  ihould  be  a  ge- 

nerel 


Tit.  i&\       Church    of    Scotland.  81 

neral  council  ar  fiich  a  time  and  place;  then  the  national  or  The  manner 
rather  provincial  ASTemblies,  at  the  appointment  of  their  re-  °.r  corLVOca- 
lpective  lovereigns,  might  meet  and  delegate  one  pallor  and  portioning 
elder  for  each  province,   confiiling  of  an  hundred  parifhes:  the  reprefen* 
only  from  each  diftincl  fovereignty,  though  confiding  of  **&» 
Jefs  than  fifty  parifhes,  there  might  be  at  lead  a  represen- 
tation of  the  church  therein  by  one  p  after  and  ruling  elder, 

§  4.  Molt  of  the  churches  being  already  bound  and  oh-  Matters  of 
figed  to  own  and  maintain  that  ConfeSTion  of  Faith  which  ~e^u*° 7, 
tliey  have  by  their  canons  autborifed  and  approved  ;  and  ready. 
there  being  an  univerfal  harmony  in  the  doctrine  contain- 
ed in  all  the  Confeffions  of  the  Reformed  Churches,  the 
work  of  a  General  Council,  as  to  matters  of  faith,  would, 
in  ail  probability,  be  Fweet  and  eafy :  and  if,  in  what  re!  3- 
teth  to  the  worfhip,  difcipline,  or  government  of  the  church, 
there  fliould  be  fome  mifunderStandings,  God  fliould  even 
reveal  this  unto  them.     Nevertheless,  whereto  wc  have 
already  attained,  let  us  walk  by  the  fame  rule,  let  us  mind 
the  fame  things,  Phil.  iii.  15.  .0. 

§  5.   If  this  council  were  once  met  and  constitute,  and     Tmm  of 
countenanced  by  the  authority  of  their  feveral  Sovereigns,  ™fid"nt  of 
then  they  might  appoint  the  time  and  place  of  their  next  this  couucil. 
council,  which  might  be  every  Seventh  year;  and  let  one 
from  different  churches  be  chofen  to  the   chair  at   every 
new  council.      To  prepare    the  way  for  Such  a  Catholic 
meeting,  it  were  fit,  in  the  mean  time,  to  have  a  correfpen- 
d.nce  kept  among  all  the  churches.     See  §  i.  of  this  title. 

§  6.  In  the  Subordination  of  thefe  Aflemlbies,  parochial,  The  benefit 
presbyterial,  provincial  and  national,   the  leflcr  unto  the  °f  this  fubor- 
greater,  doth  confift  the  external  order,  Strength,   and  Sled-  Cllnatlon- 
Faftnefs  of  the  Church  of  Scotland.     And  when  it  fhall 
pleafe  the  Lord  to  make  ready  and  difpofe  the  nations  for 
a  general  council,  then  Shall  that  beauty  and  Strength  ap~ 
pear   more    remarkably  in   the   whole    Catholic  Church, 
which  is   the   body  of  Chriit.     Then  fliould  the  chur- 
ches be  established  in  the  faith,  increafed  in  number  daily; 
and  as  they  went  through  the  cities,  delivering  them  the 
decrees  to  keep,  that  were  ordained  of  the  Apoftles  and 
Eiders,  which  were  at  that  general  council,  Acts  xvi.  4.  5. 
they  Should  give  occaSIon  to  many  to  rejoice  for  the  con- 
folation.     Such  a  time  is  rather  to .  be  wiihed  than  hoped 
for.     See  tit.  1.  j  i .  of  this  book. 

L  BOOK 


82  Government    ofthe         Book  II. 

BOOK       II. 

TITLE    I. 

Of  Lecturing,  Preaching,  Catechifing,  Public  Prayers 
before  and  after  Sermon,  Singing  of  Pfa!ms>  and 
Minijlcrial  Benedicl'ion. 

Nothing  to     ^  i.TTjYthe  15th  acl  of  Aflembly  1707,   they  declare 
intfae  worfhip  Ij  tnat  tnere  are  ^ome  innovations  fet  up  of  late  by 

of  God,  bat"  prelatifts  in  then  public  AfTemblies,  which  are 

what  is  pre-    dangerous   to  this  church,  and  manifestly  contrary  to  the 
fenbed  m      conftanr  practice  and   known  principle   thereof,  which  is, 
1  u  that  nothing  is  to  be  admitted  in  the  worfhip  of  God,  but 

what    is  prefcribed  in   the    Holy  Scriptures  ;    therefore 
they  d'.fcharge  the  pnclice  of  all  fuch  innovations  in  divine 
worfhip  within  this  church  ;  and  ministers  are  required  to 
inform  their  people  of  the  evil  thereof. 
Kowthecon-       §  l.  All  are  to  enter  the  afTcmbly  in  a  grave  and  feemly 
gregation        manner,  to  take  their  feats  or  places  without  adoration,  or 
c  bowing  themfelves  towards  one  place  ore  her.      if  any, 
through  ncccffity,  be  hindered  from  being  pre  ent  at  the 
beginning,  they  ought  not,  when  they  come  into  the  con- 
gregation, to  betake  tt.emfelves  to  their  private  devotions, 
but  reverently  compofe  themfelves  to  join  with  the  AfTem- 
bly in  that  ordinance  of  God,  which  is  then  in  hand     Moll 
of  what  is  faid  on  this  title  may  be  found  in  the  Directory. 
Their  b-ba-        $  i     ]' *ie  congregation   being  aflembled,   the  minifter, 
viour  in  the  a^lcr  folemn  calling  on  them  to  the   worshipping  of  the 
time  of  vror-  great  name  of  God,  is  to  begin  with  prayer.     The  public 
worfhip  bdng  begun,  the  people  are  wholly  to  attend  on  it ; 
forbearing  to  read  any  thing,  except  what  the  minifter  is 
then  reading  or  citing  :  Much   more   are  ihey   to  abftain 
from  all  private  whjlperings,  conferences,  falutations,  or 
doing  reverence  to  any  perfon  prefent,  or  coming  in;  as  al- 
io from  all  gazing,  flpeping,  or  other  indecent  behaviour. 

§  4.  Read- 


me 


Tit.  i.  Church  of  Scotland.  83^ 

§  4   Reading  of  the  Word  in  the  congregation,  being  a  Why  the 
part  of  the  public  worfhip  of  God,  (wherein  we  acknow-  Word  is  to  be 
ledge  our  dependence  upon  him,  and  fubjecfon  to  him)  an^to^Em* 
and  one  mean  fanclified    bv  him  for  the  edifying  of  his 
people,  is  to  be  performed  bv  the  pallors  and  teachers,  and 
preachers  licenfed  by  the  presbytery  thereunto,  who  fhonld 
(as  Ezra  and  his  companions  did,  Neh   viii.  8  )  read  in  the 
book  in  the  law  of  God  diftinclly,  and  give  the  fenfe,  and 
caufe  them  to  underhand  the  reading. 

§  5.  How  large  a  portion  is  to  be  read  a:  once  is  left  to  kow  mucjj  :s 
the  wifdom  and  difcretion  of  the  minifter :   Hut  it  is  con  -  to  be  read  at 
venient  that  ordinarily  one  chapter  of  each  Teftamentbe  p-  time>  anfl 
read  at  every  meeting,  and  fometimes  more,   where  the  rea(iing  arid 
chapters  be  fhort,  or  the  coherence  of  the  matter  required!  expounding, 
it.     It  is  alfo  requifite  that  all  the  canonical  books  be  read 
over  in  order,  that  the  people  may  be  the  better  acquaint- 
ed with  the  whole  body  of  the  fcriptures,   and  where  the 
reading  in  either Teftament  endeth  on  one  Lord's  day,  it  is 
to  begin  the  next.     The  more  frequent  reading  of  fuch 
fcriptures  is  alfo  commended,  as  he  that  readerh  (hall  think 
belt  for  edification  of  his  hearers,  as  the  book  of  Pfalms, 
and  fuch  like  ;  and  when  he  (hall  judge  it  neceflary  to  ex- 
pound any  part  of"  what  is  read,  that  work  is  not  to  begin 
until  the  reading  of  the  whole  chapter  or  pfalrn  be  ended. 

§  6.  Regard  is  always  to  be  had  to  the  time,  that  neither  When  !ecb?~ 
preaching  nor  other  ordinance  be  (Iraitened  or  rendered  te-  rm%  beg?^ 
dious:   Which   rule  is  to  be  obferved   in  ail  otlicr  public  ^  contlm^e1^ 
performances;  and  therefore,  by  the  acl  of  Adembly,  Feb.  according  to 
7.  1645,  f°r  regulating  of  that  exercife  of  reading  and  ex-  the  old  and 
pounding  the  fcriptures  upon  the  Lord's  day.   mentioned  later  a<as* 
in  the  Directory,  they  ordain  the  minifter  and  people  to  re- 
pair to  the  church  hulf  an  hour  before  that  time,  at  which 
ordinarily  the  minifter  now  entereth  to  the  public  worfhip  ; 
and  that  that  exercife  of  reading  and  expounding,  together 
with  the  ordinary  exercife  of  preaching,  be  perfected  and 
ended  at  the  time,  which  formerly  doled  the  exercife  of 
public  worfhip.     And  for  recovering  the  old  cuftom  eila- 
bliilied  by  the  Directory,  the  General  Affembly  10,94*,  fefT. 
9.  appoints  ininiders  to  read  and  open  to  the  people  fame 
large   and  considerable  portion  of  God's  word.      And  the 
diligence  of  miniiters  in  this  is  to  be  inquired  into  by  pref- 
ix 2  byteries> 


84  Government    of    the         Book  II. 

bvteries,  at  their  privy  renfure^  Afembly   1704,  fefT.  8. 

a  d  a!fo  at  paro.hal   vfi  at. on n    Aflcmbly  1706,  a&  10. 

Preaching,  §  7.  Preaching  of  the  Word,  being  the  power  of  God 

its  excellency  unto  falvation,  and  one  of  the  greateft  and   molt  excellent 

and  iu  ject-    worfcs  belonging  to  the  mini  (try  of  the  gofpel,  fhould  be  fo 
matter,  c  .    o    ^  J         .     5(IT'-  , 

performed,  that  the  workmen  need  not  be  ainamed,   but 

may  fave  himfelf  and  thofe  that  hear  him.     Ordinarily  the 
fubjecl  of  his  fermon  is  to  be  fome  text  of  tne   fcripture, 
holding  forth  fome  principle  or  head  of  religion,  or  fuitabie 
to  the   fpcc.al   ocean  n  emergent  :   Or   he  may  go  on    in 
fome  chapter,  pfalm,  or  book  of  the  fcripture,  as  he  mall 
fee  fit.      by  the  ;th  art.  cap.  %.  of  our  Confeiiion  of  Faith, 
the  dccVme  of  the  high  myftery  of  predeftkiatnxi  is  to  be 
handled   with  fpccial  prudence   and   care;   and  albeit  Air 
1  urrentine  in  his  Inftit    1  hcol  !•  c.  4.  queft   6.  maintains, 
very  warrantably,  that  it   fliould  be  publicly  taught,  vet 
he  thinks  it  a  fubjecr.  more  proper  for  the  fchoois  than  the 
pulpits. 
Introduction        §  :*  The  introduction  to  the  text  is  to  be  brief  and  per- 
f.:m,  ancldi-    fpicuous,  drawn  from  the  text   kfelf. or  con  text,   orfome 
vijlonof  the    parallel  place  of  fcripture.     If  the  text  be  long,  (as  in  hi- 
text<  itories  and  parables  fometimes  it  mud  be),  he  is  to  give  a 

brief  fun  of  it ;  if"  fhort,  a  paraphrafe  thereof,  if  need  be. 
In  both,  looking  diligently  to  the  fcope  of  the  text,  and 
pointing  at  the  chief  heads  and  grounds  of  doctrines  which 
lie  is  to  raife  from  it.  In  analyfing  and  dividing  his  text, 
he  is  to  regard  more  the  order  of  rn  tter  than  of  words, 
and  neither  to  burden  the  memory  of  the  hearers  in  the 
beginning  wkh  ton  many  members  of  diviOoa,  nor  to  trou- 
ble their  minds  with  obfcure  terms  of  art. 

§  .j.  In  railing  doctrines  from  the  text,  his  care  ought  to 

Hpw  doc-      h€f     ,  ft   That  tjie  matter  be  the  fruth  ofGodi  2  dj    ^Thac 

ti  ires  are  to-,  ,  ,,  •       1  •        1  1 

beraifed  ex-  li  °e  a  trutPl  groiinded  on,  or  contained  in  that   text,  that 

plained,  il-    the  hearers  may  difcern  how  God  teacheth  it  from  thence. 

luftrated,  and  jdlj.  That  he  chiefly  infill:  upon  thefe  doctrines  which  are 

cpiinrmed.       principally  intended,  and  make  mod  for  the  edification  of 

the  hearers.      The  doctrine  is   to  be  expreffed    in  plain 

terms:  or  if  any  thing  in  it  need  explication,  it  is  to  be  o~ 

pened,  and  the  confequer.ee  aifo  from  the  text  cleaied. 

'I  he  parallel  places  of  fcripture  confirming  the  doctrine  are 

rather  to  be  plain  and  pertinent  than  many ;  and,  if  need 

be,  fomewhat  infilled  upon,  and  applied  to  the  purpofe  in 

hand. 


Tit.  r.         Church    of    Scotland.  85 

hand.  The  reafons  or  arguments  are  to  be  (olid  and,  as 
much  as  may  be,  convincing.  The  illustrations,  of  whac 
kind  foever,  ought  to  be  full  of  light,  and  Inch  as  may  con- 
vey the  truth  into  the  hearers  hearts  with  fpiritual  delight. 

§  10.  If  any  doubt,  obvious  from  fcripture  or  reafon.  Wnat  yn(^  0f 
or  prejudice  of  the  hearers,  feem  to  arife,  it  is  very  re-  doubts  and 
quifite  to  remove  it,  by  reconciling  the   feeming  differen-  controverfies 
ces,  anfwering  the  reafons,   and  difcovering  and  taking  a-  *r?  t0jy\raij 
way  the  caufes  of  prejudice  and  miftakes :  otherwife  it  is 
not  fie  to  detain  the  hearers  with  propounding  or  anfwering 
vain  or  wicked  cavils:   which,  as  they  are  endlefs,   fo  the 
propounding  and   anfwering  of  them,  doth  more  hinder 
than  promote  edification. 

§  nil  he  doctrine  is  to  be  brought  home  to  fpecial  ufe  Do&rines  ate 

by  application   to    the   hearers,   that  they   may   feel  the  ?°  ** aPP*ied 

word  of  God  to  be  quick  and  powerful,  and  a    difecrner  j^r^t;on 

of  the  thoughts  and  intents  of  the  heart.     In  the  ufe  of"  confutation, 

initruction  or  information  in  the  knowledge  of  fome  truth,  exhortation, 

which  is  a  confequence  from  his  doctrine,  he  may,  when  rfefT0.    >  conT 
1       ..    ,  ..       r  >  1      iolation,  and 

-convenient,  connrm  it  by  a  few  farm  arguments,  from  trie  ancj  ^1 . 

text  in  hand,  and  other  places  of  fcripture,  or  from  the  and  how. 
nature  of  that  common  place  of  divinity,  whereof  that 
truth  is  a  branch  In  confutation  of  falfe  doctrines,  he 
is  neither  to  raife  an  old  herefy  from  the  grave  nor  to 
mention  a  blaf,  he  mfcus  opinion  unneceflarily  ;  but  if  the 
people  be  in  danger  of  an  error,  he  is  to  confute  it  found- 
]y,  ani  endeavour  to  fati  fy  their  judgements  and  confei- 
ences  againil  all  <  bjection,  In  exhortation  to  duties,  he 
is,  as  he  feeth  caufe,  to  teach  alfo  the  mea  :s  that  help  to 
the  performance  of  them.  In  dehortation,  reprehemion, 
and  admonition,  which  requircth  fpecial  wifilom,  he  is,  as 
need  requires,  not  only  to  discover  the  nature  and  great- 
nefs  of  the  (in,  with  the  nailery  attending  it,  but  alfo  to 
ftew  the  danger  the  hearers  are  in  to  be  overtaken  and 
furprifed  by  it,  together  with  the  remedies  and  belt  way 
to  avoid  it.  In  applying  comfort,  whether  general  againft 
ail  temptations,  or  particular  againft  fome  fpecial  troubles 
and  terrors,  he  is  carefully  to  anfwer  fuch  objections  as  a 
troubled  heart  and  afflicted  fpirit  may  (uggeit  to  the  con- 
trary, it  is  alfo  fometimes  requifite  to  give  fome  notes  of 
trial,  which  is  very  profitable,  efpeciaiiy  when  perform- 
ed by  able  and  experienced  minifters,  with  circumfpecton 

and 


86  Government  of  the  Book II. 

and  prudence,  and  the  figns  clearly  grounded  on  the  holy 
fcripture,  whereby  the   hearers  may  be  able  to  examine 
themfelves,  whether  they  have  attained  thofe  graces,  and 
performed  thofe  duties  to  which  he  exhorteth,  or  be  guilty 
of  the  fin  reprehended,  and  in  danger  of  the  judgement 
threatened,  or  are  fuch  to  whom   the  confolations  pro- 
pounded do  belong. 
-Hieclefiffri  of      §  >  2    This  method  is  not  prefcribed  in  the  Directory  as 
this  method,  neceflTary  for  every  man,  or  upon  every  text :  nor  is  it  ne- 
ceflary  to  profecure  every  doctrine  which  lies  in  the  text, 
and  fuch  ufes  as  are  wifely  to  be  made  choice  of,  as  by 
the   minifter's  residence  and   converfing  with  his  flock  he 
findeth  mod  needful  and  feafonabie  for  them  :  but  only  it 
is  recommended  s<?  a  method  which  hath  in  experience  been 
found  much   biefled  of  God,   and   very  helpful  for  the 
peoples  underflandings  and  memories. 
Catechetical        §  l3-  Minifters  are  to  preach  catechetical  doctrine,  be- 
doctrine  to  be  fides  their  ordinary  work  of  catechifing,  in  fuch   manner 
preached,and  as  they   find   moft  conducive  to  the   edification  of  their 

catech^of  flocks'  hy aa  of  AfFembly  t69^  fefl:  l ''  This  work  of 

to*  catechifing,  is  a  familiar  way  of  inflru&ion  or  teaching, 
when  the  fcholar  anfwers  the  OjUeftion  afked.  It  is  in  a 
plain  way  to  inilruct.  thofe  of  their  charge  in  the  fir  ft  prin- 
ciples of  the  Chriftian  religion.  This  was  the  apoftolical 
way  of  teaching  the  churches  at  their  firlt  plantation, 
Beb.  v.  12.  and  vi.  i.  2.  i  Cor.  iii.  i.  2.  This  i~  the 
periphrafis  of  paftor  and  people,  which  the  Holy  G&ofl 
ufeth,  fetting  forth  the  reciprocal  relation  and  piEce  be- 
twixt them,  Gal.  vi  6.  "Let  h  m  that  is  laughr,5'  or  ca- 
techifed,  "in  the  word,  communicate  unto  him  that  teach- 
eth,"  or  catechifeth,  "  in  all  good  things."  Ca  i  echu- 
meni,  was  a  word  nfed  by  the  primitive  church,  ro  fig- 
nify  fuch  as  learned  the  principles  of  religion,  and  were, 
not  vet  baptifed.  and  fince,  inch  as  are  catechifed.  but 
who  have  not  received  the  Lord's  Supper.  Theft  Gate- 
chumeni,  were  of  two  forts:  one  fort  was,  of  thofe  who 
had  not  accefs  to  baptifm  till  they  made  public  profeffipn 
of  their  faith  in  Jefus  Chrift,  becaufe  their  parents  were 
Heathens,  and  themfelves  frrangcrs  to  the  Ckriftian  doc- 
trine; fuch  were  catechifed  before  baptifnl.  i  he  other 
forr  of  Catechumcni  was,  the  children  of  prof  "e  fled  belie- 
vers, who  were  baptifed  when  infants,  having  a  right  to 

that 


Tit.  i.        Church    of    Scotland.  8; 

that  feal  by  virtue  of  that  promife  made  to  believers  and 
to  their  children  ;  thefe,  after  their  infancy  was  over,  and 
they  had  been  privately  inftrufted  in  the  principles  of*  the 
Chriftian  religion,  offered  themfelves  to  public  catechifing. 
Both  thefe  forts,  after  they  had  made  fach  proficiency  in 
the  knowledge  of  religion,  as  thereupon  they  were  admit- 
ted to  the  Lord's  Table,  they  got  the  name  of  Perfecti. 

§  <4.  By  the  25th  article  cap.  1.  French  church  difci-  ^^^^3^ 
pline,  the  minifter  of  one  parifh  cannot  preach  in  another,  publicly  out 
without  firft  obtaining  leave  of  the  minifter  of  that,  unlefs  of  their  own 
in  cafe  of  his  abfence.     In  which  cafe  it  mud  be  the  con-  boui^  With" 
fiHory  that  invites  him  :  and  if  the  flock  be  difperfed  by 
reaion  of  perfecution  or  other  trouble,  the  ftranger  fhali 
endeavour  to  aifemble  the  deacons  and  elders,  which  if  he 
cannot  do,  he  fhall  neverthelefs  be  permitted  to  preach  to 
re-unite  the  flock.    And  by  the  2Cth  canon  Goncitii.fexji, 
inTnilio:  "  Ne  liceat  epifcopo  in  alia,  quae  ad  fe  non 
"  pertinet,  civitate  publice  docere  ;  ft  quis  autem  hoc  fa- 
"  cere  deprchenfus  fuerit,  ab  epifcopatu  defiftat,  presby- 
"  tcri  autem  munere  fungatur." 

§   1 $4  Every  mmiifer  is  ordained  to  have  weekly  cate-po     ,.  , 
chifing  of  fome  part  of  the  panfli,  and  mailers  of  families  techifins  is 
are  to  catechife  their  children  and  fervants  at  home,  where-  appointed  to 
of  account  fhall  be  taken  by  the  minifter  and  elders  affift-  be  weekly,^ 
ins  him  in  the  vifltarion  of  every  family ;  fee  aft  of  Af-  j0t  f?  weeK" 
fembly,   Augufl  30.  1039.    And  by  the  aft  of  Affembly, 
July  Ac.    1649,   the  forefaid  aft  is  renewed.     1  know  no 
aft  for  weekly  fermcns,  yet  weekly  preaching  there  is ; 
minifters  it  is  true  are  appointed   to  preach  every  Lord's 
day,  both  before  and  after  noon,  Ailem.    1648,  fefl!  38., 
But  there  is  none  for  week-days  fermons  ;  yet  the  one  is 
obferved,  and  the  other  too  much  in  defuetude.     By  thac 
aft  1649,  nainifters  are  fo  to  order  their  catechetic  quefti- 
ons,  as  thereby  the  people  prefent  may  at  every  diet  have 
the  chief  heads  of  faving  knowledge  prefented  unto  them. 
And  by  the  fame  aft,  every  presbytery  is  ordained  to  take 
trial  twice  in  the  year,  whether  all  the  minifters  be  care- 
ful to   keep  weekly   diets  for  catechfung :  and  if  any  be 
found  negligent  therein,  they  fhali  be  admoniflied  for  the 
firft  fault;  and  if  after  fuch  admonition,   they  fhall  not  a- 
mend,  the  presbytery  then  fliali   rebuke  them  fharply  •, 
and  if  after  fqch  rebuke,  they  fhall  not  vet  amend,  they 

fhall 


88  Government    of    the      Book  II. 

flial!  be  fufpended.     Miniftcrs  of  lardward   congregations 

are  certainly  to  be  exempted  from   this   in  feedtime  and 

harveft;  and  the  act  is  to  be  fo  understood. 

Who  are  to        §  1 6.  All  of  every  quality  are  to  be  examined  of  whofe 

be  examined;  knowledge  minifters  are   not  certain,  (which  clearly  (up- 

°Y  ?^n'      pofeth  that  a  minifter  being  once  fatisfied  with  a  perfon's 

what  age ;      knowledge,  is  not  obliged  again  to  examine  him),  and  young 

with  the  ufe    perfons  from  the  time  they  are  capable  of  inftrucrion, 

of  examine-    vvhich  it  feems  hath  been  thought  to  be  about  nine  years 

non-rolls.       of  ag^  by  fhe  M  g>  ^  of  Af^embIy  at  Edinburgh  *  .70. 

But  fee  Aflembly  1648.  fed!  38.  among  remedies  eccle- 
fiaftical,  in  particular  againft  ignorance.  And  Adem.  ib  +  6, 
feff  10.  remed.  9.  minifters  are  to  have  rolls  of  their  pa- 
rifh,  not  only  for  examination,  but  for  confidering  the  fe- 
veral  difpofitions  of  the  people,  that  accordingly  they 
may  be  admoniflied  and  prayed  for  by  them  in  fecret. 
Catechifms  §   !  7    ^e  ^arSer  anc^  Sorter  Catechiims  agreed  upon 

larger  and'    by  the  AfTembly  of  divines  at  Weftminiter,  with  afLftance 
{horter,  their  of  commiflioners  from  this  church,  are  by  the  AfTembly 
ufemcate-       1648,  July  -  8.  and  Auguft  20.  approved  and  appoi.  ted 
ms'  directories,  the  larger  for  catechifing  proficients  in  religi- 

on, and  the  fhorter  for  catechifing  fuch  as  are  of  weaker 
capacity.    By  the  aft  of  Aflembly  1649,  fed  30.  fefiions 
are  to  take  care   thar  in    every  family,   there  be  at  lealt 
one  copy  of  thefe  Catechifms,  Confeihon  of  Faith,  and 
Directory  for  worfhip. 
A  B  C  Ca-       §  lS-  By  tne  acl  of  AfTembly  July  28.  1648,  they  ha- 
techifincon-  vmg  found  in  a  little cetecbifm  printed  at  Edinburgh  164.7, 
demned.         intitled,   " '1  he  A,  B,  C,   with  the  Catechifm,"  that  is  to 
fay,  ''An  inftru&ion  to  be  taught  and  learned  of  young 
<%  children,"  \ery  grofs  errors  in  tne  point  of  univerfal  re- 
dem prion,  and  in  the  number  of  the  facraments,  they  do 
difcharge  the  felling,   ufmg,  and  reprinting  thereof. 
When  a  re-         §  19    ^0'T:e  perfbns  may  be  rebuked  at  the  time  of  ca- 
buke  is  to  be  techiiing,  who  deferve  more  than   a  private  rebuke,  and 
given  at  ca-   vet  n;  ec]   not  be  brought  to  public  repentence,  Aflem. 

techiiing.         \6^,k(T    i*. 

Of  public  §  2C-  The  Jntenri°n  of  tne  compofers  of  our  Directory 

prayers,  and  for  public  prayer  is  exprefled  towards  the  end  of  their  prc- 
the  mind  of  f  ace  1  heir  own  words  arc,  w  our  meaning  therein  be- 
tne  directory  lt  •  onj  ^t  ^  general  heads,  the  fenfe  and  fcope  of 
about  tnem.    ^    ,s         J  ,    &,  'c        ...  n.     [  . 

•*  thepra)ers  and  other  parts  of  public  wcrihip  being 

"  known 


Tit.  i.         Church    of    Scotland.  8t 

"  known  to  all.   there  may  be  a  conf  nt  of  all  the  church-* 

11  es  in  thefe  th'ngs  that  contain  the  fubftance  of  the  lev- 

*'  vice  and  worfh  p  of  God,  and  the   m  ni(lers   may  be 

"  hereby  directed   in  their  admidiftratiotts,  to  keep  like 

"  foundnefs  of  doctrine  and  prayer,  and  may,  if  need  be, 

"  have  {qmc  help  and  furniture :  yet  fo  as  they  become 

"  not  hereby   floti  ful   and    negligent  in   (tirring  up  the 

(i  gifts  of  Chrifl:  in  them;  but  that  each  one  b^?  rhedka- 

ri  tion,  by  taking  heed  to  himfelf.   and  the  flock  of  God 

u  committed  to  him,  r.nd  by  wife  obferving  the  ways  of 

"  divine  Providence,  may  be  careful  to  furnifti  his  heart 

tc  and  tongue,  with  further  or  ether  materials  for  prayer, 

"  as  ihall  be  needful  on  all  occafions." 

§     i.  The  Directory  for  public  prayer  doth  recommend  The  prefect 

that  prayer  which   Chrilf  taught  his  difci pies,  to  be  alto  cnilom  of 

ufed  in  the  prayers  of  the  church  :  becaufe  it  is  not  onlv  rAin§3  'LC 

J     J  .      ..    .rif  a  i       r       i.orcL  s  prayer 

a  pattern  or    prayer,  but  is  itfelr  a  mott  compreheniive 

prayer.  I  do  think  there  are  no  pubic  prayers  ufed  in 
our  church,  wherein  the  petitions  in  the  Lord's  prayer, 
are  not  exprefied  throughout  their  prayers ;  though  per- 
haps neither  at  the  beginning,  or  coricIufLn,  or  all  at  once, 
by  way  of  form  But  if  any,  notwithstanding,  think  fit  to 
fay  it  like  wife  all  at  once,  the  moll  proper  time  for  that, 
fome  think,  would  be  immediately  before  the  other  form 
ufed  for  the  minifterial  benediction.  See,  §  29  of  this 
title. 

§  22.  After   reading  of  the  word,  and  fingmg  of  the  Of  pakHe 
pfalm,   the  Lord  is  to  be   called  upon  to  this  effect    viz    prayers  be- 
To  acknowledge  our   great  (infulnefs,  hrft,  by  reafon  of^j.^,^  ^ 
original  (in,  which,  befides  the  guilt  that  makes  us  liable  to  the  Directory 
everlafting  damnation,  is  the  feed  of  all  other  fins  that  hath  for  public 

depraved  and  poifoned  all  the  faculties  and  powers  of  foul  wori]TT 

iii        1     1     1   r\  1     ,\     r>-  j  •  greed  ui«.w 

snd  boay,  cloth  defile  our  belt  actions;  and  were  it  not  re-  bytre  Mem- 

drained,  or  our  hearts  renewed  by  grace,  would  break  bly  1645. 
forth  into  innumeiable  tranfgreilions,  and  greateil  rebei- 
Jions  againft  the  Lord,  that  ever  were  committed  by  the 
vilcff  of  the  fens  of  men.  And  next,  by  reafon  of  actual 
fins,  our  own  (ins,  the  (ins  of  magiftrates,  of  miniders, 
and  of  the  whole  nation,  unto  which  we  are  many  ways 
acceflory  :  which  fins  of  ours,  leccive  many  fearful  ag- 
gravations, we  having  broken  all  the  commandments  of 
.the  holy,  jtifl,  ar.d  good  law  of  God,   doing  that  which 

M  is 


a- 

nto 


82  Government    of    the        Book  II. 

is  forbidden,  and  leaving  undone  that  which  is  injoined, 
and  that  not  only  out  of  ignorance  and  infirmity,  but 
alfo  more  prefumptuoufly  againil  the  light  of  our  minds, 
checks  of  our  confidences,  and  motions  of  his  own  Ho- 
ly Spirit  to  the  contrary.  So  that  we  have  no  cloak  for 
our  fin,  yea,  not  only  defpifing  the  riches  of  God's  good- 
nefs,  forbearance,  and  long-fuffering,  but  (landing  out  a- 
gainfl  many  invitations  and  offers  of  grace  in  thegofpel, 
To  bewail  our  blindnefs  of  mind,  hardnefs  of  heart,  un- 
belief, impenitency,  fecurity,  backwardnefs,  barrennefs, 
our  not  endeavouring  after  mortification,  and  newnefs  of 
life,  nor  after  the  exercife  of  godlinefs  in  the  power  there- 
of, and  that  the  bed:  of  us  have  not  walked  fo  ftedfaftly 
with  God,  kept  our  garments  fo  unfpotted,  nor  been  fo 
zealous  of  his  glory,  and  the  good  of  others  as  we  ought, 
and  to  mourn  over  fuch  other  fins  as  the  congregation  is 
particularly  guilty  of,  nctwithftanding  the  manifold  and 
great  mercies  of  our  God,  the  love  of  C  hrift,  the  light  of 
the  gofpel,  and  reformation  of  religion,  our  own  pur- 
pofes,  promifes,  vows,  folemn  covenants  and  other  ob- 
ligations to  the  contrary.  To  acknowledge  and  confefs, 
thar  as  we  are  convinced  of  our  guilt,  fo,  out  of  a  deep 
fenfe  thereof,  we  judge  onrfelvcs  unworthy  of  the  (mail- 
ed benefits,  mod  worthy  of  God's  flerccft  wrath  inflicted 
upon  the  mod  rebellious  finners,  and  that  he  might  juftly 
take  his  kingdom  and  gofpel  from  us,  plague  us  with  all 
forts  of  f  iritual  and  temporal  judgements  in  this  life  :  and 
after  call  us  into  utter  darknefs.  Notwithstanding  all 
which,  to  draw  near  to  the  throne  of  grace,  encouraging 
ourfelvcs  with  hopes  of  a  gracious  an(vver  of  our  prayers 
in  the  riches  and  allfufficiency  of  that  only  one  oblation, 
the  fatisfaction  andinterccffionof  the  Lord  jefus  Chriit,  at 
the  right  hand  of  his  Father  and  our  Father,  and  in  confi- 
dence of  the  exceeding  great  and  precious  promifes  of  mer- 
cy and  grace  in  the  New  Covenant,  through  the  fame 
Mediator  thereof,  to  deprecate  the  heavy  wrath  and  curfe 
of  God,  which  we  are  not  able  to  avoid  or  bear,  and  hum- 
bly and  eamcftly  to  fupplieate  for  mercy  in  the  free  and 
full  remifllon  of  cur  fins,  and  that  only  for  the  bitter  fuf- 
ferings  and  precious  merits  of  that  of  our  only  Saviour  Jefus 
Chriit.  That  the  Lord  would  vouchfafe  to  (hed  abroad 
his  love  in  our  hears  by  the  Holy  Ghoft ;  feal  unto  us  by 

the 


Tit.  i.        Church   of    Scotland.  83 

the  fame  fpirit  of  adoption,  the  fall  afTurance  of  our  par- 
don and  reconciliation  ;  comfort  all  that  mourn  in  Zion, 
fpeak  peace  to  the  wounded  and  troubled  in  fpirit,  and 
bind  up  the  broken  hearted  :  and  as  for  fecure  and  pre- 
fumptuous  finners,  that  he  would  open  their  eyes,  con- 
vince their  confeiences,  and  turn  them  from  darknefs  unto 
light.  To  pray  for  fanftifkation  by  his  fpirit,  the  mor- 
tification of  fin  dwelling  in,  and  many  times  tyrannifingover 
us,  the  quickning  of  our  dead  fpirics,  with  the  life  of  God 
in  Chrift,  grace  to  enable  us  for  all  duties  of  our  conver- 
fation  and  callings  towards  God  and  men,  ftrength  a- 
gainft  temptations,  the  fancYified  ufe  of  Wettings  and  crof- 
fes,  and  perfeverance  in  faith  and  obedience  unto  the 
end.  To  pray  for  the  propagation  of  the  gofpel  and 
kingdom  of  Chrift  to  all  nations,  for  the  converfion  of 
the  Jews,  and  the  fnllnefs  of  the  Gentiles,  the  fall  of 
Antichrift,  and  the  haftening  of  the  fecond  coming  of  our 
Lord  :  for  the  deliverance  of  the  diftrefled  churches  a- 
broad,  from  the  tyranny  of  the  Antichriftian  fadlion,  and 
from  the  cruel  oppreffions  and  blafphemies  of  the  Turk  ; 
for  the  blefTing  of  God  upon  all  reformed  churches, 
efpecially  upon  the  churches  and  kingdoms  of  Scotland, 
England  and  Ireland,  more  particularly  for  that  church 
and  kingdom  whereof  we  are  members,  that  therein  God 
would  eftablifti  peace  and  truth,  the  purity  of  all  his  or- 
dinances, and  the  power  of  godlinefs,  prevent  *nd  remove 
herefy,  fchifm,  profanenefs,  fuperftition,  feenrity,  and 
unfruitfulnefs  under  the  means  of  grace,  heal  all  our 
rents  and  divifions,  preferve  us  from  breach  of  our  fo- 
lemn  covenant.  Prayers  are  to  be  put  up  for  all  in  fu« 
preme  authority,  and  thofeinfubordinate  authority  to  them, 
j  Tim.  ii.  1.  2.  4.  which  prayers  are  to  be  direcled  by 
their  circumftances.  We  are  to  pray  for  all  paftors  and 
teachers,  that  God  would  till  them  with  his  Spirit,  and 
make  them  powerful  in  their  miniftry,  and  give  unto  all 
his  people  pallors  according  to  his  own  heart;  for  the  u- 
niverfities  and  fchools,  and  religious  feminaries  for  church 
and  common-wealth,  that  they  may  flourifh  more  in  learn- 
ing and  piety;  for  the  particular  city  or  congregation,  that 
God  would  pour  out  a  blefting  upon  the  miniftry  of  the 
word,  facraments,  and  difcipline,  upon  the  civil  govern- 
ment, and  all  the  families  and  perfons  therein  ;  for  mercy 
to  the  afflicted  in  any  inward  or  outward  diftrefs ;  for  fea- 

M 1  fonable 


8|  Government  of  the        Book  IT. 

fonable  weather,  and  fruitful  feafnns,  as  time  may  re- 
quire \  for  averting  judgements  that  we  either  feel  or  fear, 
cr  are  liable  unto,  as  famine,  fword.  pcftilence.  and  fuch 
like.  To  pray  earneftly  for  his  grace  and  effectual  afTilt- 
ance  to  the  fancYification  of  his  holy  Sabbath,  the'  Lord's 
day,  in  all  the  duties  thereof  that  the  Lord,  who  teach-? 
eth  to  profit,  would  gracioufly  pleafe  to  pour  out  the  fpi- 
rit  of  grace,  together  with  the  outward  means  thereof, 
can  fin  g  us  to  attain  fuch  a  meafure  of  the  excellency  of 
the  knowledge  of  Chrift  Jefus  our  Lord,  that  we  may  ac- 
count all  things  but  as  drofs,  in  co  i  parifbn  of  him  ;  and 
that  we,  tailing  the  firil  fruits  of  the  glory  to  come,  may 
Jong  for  a  more  full  and  perfect  communion  wirh  him. 
That  God  would  in  a  fpecial  manner  furniih  his  fervant 
now  called  to  difpenfe  the  bread  of  life  unto  his  houfe- 
hoid.  with  wifSom,  fidelity  e  L  and  utterance,  that  he 
may  divide  the  w  rd  of  God  aright  to  every  one  his  por- 
tion, in  evidence  and  dcmonfiration  of  the  Sp;rit  and 
Power,  and  that  the  Lord  would  circumcife  the  e^rs  and 
hearts  of  the  hearers  to  hear  in  love,  and  receive  with 
meeknefs  the  ingrafted  word,  ft re n~ then  them  againft  the 
temptations  of  Satan,  the  cares  of  the  world,  the  hardnefs 
of  their  own  hearts,  and  whatfoever  elfe  may  hinder  their 
profitable  and  laving  hearing 
PuMic prayer  §  2 13  1  he  fermon  bein<i  ended,  the  minifter  is  to  give 
aiter  iennon.  shanks  jOT  fa  great  jove  0f  Qocjf  jn  fending  of  his  Son 
Jefus  Chrift  unto  us,  for  the  communication  of  his  Holy 
Spirit,  for  the  light  and  liberty  of  the  glorious  gofpel,  for 
the  admirable  goodnefs  of  God,  in  freeing  the  land  from 
Antichriftian  darknefs  and  tyran  y,  for  the  reformation  of 
religion,  and  many  temporal  bleliings  :  and  to  pray  for  the 
continuance  of  the  gofpel,  and  all  ordinances  thereof  in 
their  purity,  power,  and  liberty ;  and  to  turn  fome  of  the 
moft  ufeful  heads  of  the  fermon  into  fbme  few  petitions, 
and  to  pray  that  it  may  abide  in  the  heart,  and  bring  forth 
fruit  in  the  life  and  converfation.  To  pray  for  prepara- 
tion for  death  and  judgement,  and  a  watching  for  the  co- 
ming of  our  Lord  Jefus  ChrKl ;  to  intreat  of  God  the  for- 
giveriefs  of  the  iniquity  o  our  hcly  things,  and  the  ac- 
ceptation of  our  Ipirknal  facrific  ,  throug  the  merit  and 
rued  ation  oflour  great  High  Frieft  and  Saviour,  die  Lord 
Jefus  Chrift, 


Tit.  i.      Church    of    Scotland.  85 

§  24.  Notwithftanding  of  the  above  Directory  for  pu-  The  meaning 
blic  prayers,    the  miniiter  may  (as  in  prudence  he  ihall  °  *  e  Direc" 
fee  meet)  make  ufe  of  fome  part  of  thefe  petitions  after 
the  fermon,    or  he  may  e^er  up   to   God  fome  of  the 
thankfgivings  in  his  prayer  before  fermon. 

§  2r,  By  the  aft  of  Aflembly,  Augnft  6.    1649,   their  of  fmging  of 
commiffion  being  -m  powered  to  emit  the  paraphrafe  of  the  pfalms,  and 
pfalms,  and  cflablifh  the  fame  for  public  ufe,  they  did  ac-  d±e  authority 
cordingly  conclude  and  eftabhfli  the  paraphrafe   of  the  ^e^nt 
pfalms  in  metre,  now  ufed  in  this  church,  after  the  pref- 
byteries  had  fent  their  animadverfions  thereupon. 

§  ?b  It  was  the  ancient  practice  of  the  church,  as  it  is  Singirgisnot 
yet  of  fome  reformed  churches  abroad,  for  the  miniiter  or  to  be  inter- 
precentor  to  read  over  as  much  of  the  pfalm  in  metre  to-  ^adLp-ofthc 
gether,  as  was  intended  to  be  fung  at  once,  and  then  the  j;ne.  'Q 
harmony  and  mel  dy  followed  without  interruption,  and 
people  did  either  learn  to  read,  or  get  moft  of  the  pfalms  by 
heart ;  but  afterwards,  it  being  found,  that  when  a  new  pa-* 
ntphrafe  of  the  pfalms  was  appointed,  it  could  not  at  nrftbe 
foeafy  for  the  people  to  follow,  then  it  became  cuftomary 
that  each  line  was  read  by  itfelf,  and  then  fung  :  But  now, 
having  for  fb  long  time  made  ufe  of  this  paraphrafe,  and 
the  number  of  thofe  who  can  read  being  increafed,  it  is  but 
reafonable  that  the  ancient  cufiom  fhouid  be  revived,  ac- 
cording to  what  is  infinuated  by  the  Directory  on  this  fub- 
ject  And  that  fuch  who  cannot  read  may  know  what 
pfalms  to  get  by  heart,  let  fuch  be  affixed  on  fome  confpi- 
cuous  part  of  the  pulpit  as  are  to  be  fung  in  public  at  next 
meeting  of  the  congregation.  It  were  to  be  wifhed  that 
matters  of  families  would  path  the  way  for  the  more  eafy 
introducing  of  our  former  practice,  by  reviving  and  obfer- 
ving  the  fame  in  their  famiiy-woribip. 

§27    In  the  ^bth  feff  of  Ailrnibly  1648,  there  is  an  Scripture- 
act  foe  examining  the  labours  of  Mr  Zachary  Boyd,  noon  ^on&s. to  be. 
the  other  fcripture-fongs ;  and  by  Aflembly  1700,  felf  *.  yjs  JJJ/jJJ^ 
the  fcripture-fongs  by  Mr  Patrick  Sympfon,   minifter  at  pared  for  pu« 
Renfrew,  are  recommended  to  be  ufed  in  private  families  ;  blic  ufe. 
and  in  order  to  prepare  them  for  the  public  ufe  of  the 
church,  this  was  renewed  in  Aflembly  1707  ;  and  by  the 
i  ijt\\  act  of  Aflembly  1708,  their  commifuon  is  infiructed 
and  appointed  to  confkler  the  printed  verfion  of  the  icrip- 
ture -fongs,  with  the  remarks  of  presbyteries  thereupon;  and 

after 


86"  Government    of    the         Book  II. 

after  examination  thereof,  they  are  authorifed  and  impower- 
ed  to  conclude  and  emit  the  lame,  for  the  public  life  of  the 
church.     The  prefent  verfion  of  the  pfalms  having  been 
ordered  in  the  fame  manner  in  the  year  1649. 
The  defi^m  §  '2%    Though  a  believer  be  afflicted,  yet  he  is  to  fing, 

and  intention  fince  it  is  fuch  a  duty  as  prayer  is,  as  it  tendeth  to  cheer  the 
of  the  foul  in  foul's  difpofition,  and  to  fweeten  and  mitigate  the  crofs  un- 
fmgmg.  jer  -^     Complaints  of  our  fin  and  failings  may  be  mourn- 

ful fongs  ;  and  becaufe  God  hath  redeemed,  pardoned,  and 
comforted  others,  therefore  we  are  to  rejoice  in  the  hope 
and  defires  of  the  fame  to  ourfelves.  Though  the  fub- 
jecl  of  a  fong  doth  not  always  quadrate  with  our  cafe,  yet, 
unto  a  judicious  attentive  pcrfon,  there  is  always  fome  attri- 
bute of  God,  fome  providence,  or  word  of  his,  in  that  very 
fubjccl  to  be  praifed.  In  the  imprecatory  pfalms,  we  fing 
to  the  praife  of  divine  juftice,  againft  the  malicious  enemies 
of  his  church,  like  unto  thefe  that  the  Pfalmift  did  aim  a- 
gainft. 
Minifterial  §29.  The  minifter  ufcth  to  difmifs  the  congregation  with 

benedidion.  a  folemn  blefilng,  or  prayer  to  God  for  them,  which  ordi- 
narily is  in  thefe  or  the  like  words:  "  2  Cor.  xiii  14. 
"  1  he  grace  of  the  Lord  Jefus  Chrift,  the  love  of  God  the 
"  Father,  and  the  communion  of  the  Holy  Ghoft,  be  with 
"  you  all,  Amen:"  But  when  probationers  for  the  mini- 
ftry  are  preaching,  they  ufe  to  pronounce  the  blefling  with 
this  variation  ;  Inftead  of  "  be  with  you,"  they  fay,  u  be 
•'  with  us."  And  the  moderators  of  General  AiTemblies 
obfervc  the  fame  ftile  in  pronouncing  of"  the  blefling  at 
their  difiblution:  Yet,  feeing  no  minifter  of  a  congregation 
doth  put  up  that  public  prayer  alone,  it  would  therefore 
feem,  it  fhould  always  run  in  the  ordinary  ftile  of  other  con- 
gregational petitions,  viz.  "  be  with  us/' 
Bowinginthc  j  ^Q%  Minifters  their  bowing  in  the  pulpit,  though  a  law- 
F'd^Vd  bC  ^  cu#om»  ,s  herea^ter  to  De  ^id  a^de,  for  fatisfaction  of 
the  defires  of  thefynod  of  England,  February  7.  1645. 


TITLE 


Tit.  2.        Church    of    Scotland.  87 

TITLE     II. 

Of  Family  W or  flip. 

§  1 .  ~D  Y act  of  AfTembly  Auguft  24.  1647,  revived  A  f- Habitual  ne* 

*-*    fembly  1694,  they  approve  of  the  following  gleftors  of 

rules  and  directions  for  private  and  fecret  worihip,  and  mu-*flm  >"vv5>r" 

.     vc      .         r        .     Kn  .  ...*'.  .ftiip  cenfura- 

tual  edification,  for  chenfhng  piety,  maintaining  unity,  and  ^le  by  fufpen- 

avoiding  fchifm  and  divifion  ;  and  minifters  and  ruling  elders  {ion  from  the 

are  required  to  make  diligent  (each  in  the  congregation,  Lord's  table, 

whether  there  be  among  them  any  family  which  neglects  to 

perform  family  worfhip  ;  and  if  any  fuch  be  found,  the 

head  of  the  family  is  firft  to  be  admonifhed  privately  to  a- 

mend  his  fault ;  and  in  cafe  of  his  continuance  therein,  he  is 

to  be  gravely  reproved  by  the  feflion  ;  after  which  reproof, 

if  he  be  found  (fill  to  neglect  family- worfhip,  let  him  be 

fufpended  from  the  Lord's  Supper. 

§  2   The  head  of  every  family  is  to  have  a  care,  that  Secret  wor- 
borh  themfelves,  and  all  within  their  charge,  be  daity  dili-mip  to  be 
gent  in  performing  of  fecret  worfhip,  and  be  given  to  prayer  performed, 
and  meditation. 

§  3    The  ordinary  duties  of  families  convened  for  the  what  family 
exercife  of  piety  are  thefe,  iff,  Prayer  and  praifes ;   next,  worfhip  is. 
reading  of  the  fcriptnres,  with  catechifing  in  a  plain  way 
together,  with  godly  conferences ;  as  alfo  admonitions  and 
rebukes  upon  juft  reafons. 

§  4.  The  mailer  of  a  family,  though  of  the  beft  quali-Rea4mS°^ 

fixations,  is  not  to  take  on  him  to  interpret  the  fcriplures:  *liercr!Ftures" 

•     •  jmi         i  l  c         c  ^      ,      *tobe  lmpro- 

yet  it  is  commendiDle,  that,   by  way  or  conference,  they  vej  m  family 

make  force  good  ufeofwhat  hath  been  read  and  heard,  conference. 
As  for  example,  if  any  fin  be  reproved  in  the  word  read, 
ufe  may  be  made  thereof,  to  make  all  the  family  circuit!- 
fpeft  and  watchful  againfr.  the  fame  ;  or,  if  any  judgement 
be  threatened,  or  mentioned  to  have  been  inflicted  in  that 
portion  of- fcripture  which  is  read,  ufe  may  be  made,  to 
make  all  the  family  fear,  leaft  the  fame  or  a  worfe  judge- 
ment befal  them,  unlefs  they  beware  of  the  fins  that  pro- 
cured it.  And  finally,  if  any  duty  be  required,  or  com- 
fort held  forth  in  a  promife,  ufe  may  be  made  to  ftir  up 
themfelves  to  implore  Chriff.  for  flrength  to  enable  them 
for  doing  commanded  duty,  and  to  apply  the  offered  com- 
fort, 


88 


Government    of    the 


Book  IL 


Chaplains, 
their  ufe  and 
abufe. 


No  mere 

ftranger  to 
pert'o"'1!   fa- 
mily worfhip. 


Set  forms  for 
prayer,  in  ca- 
fes ofnecef- 
fity.  allowed. 


fort.  In  all  which  the  matter  of  the  family  is  to  have  the 
chief  hand,  and  any  member  of  the  family  may  propound 
a  quefhon  or  doubt  for  refolution 

§  5.  Perfons  of  quality  are  allowed  to  entertain  one  ap- 
proved by  the  presbytery  for  performing  the  worfhip  of 
God  in  their  families.  And  in  other  families  where  the 
head  is  unfit,  one  conftantly  refidmg  in  the  family,  and 
approved  by  the  minifler  and  feiTion  may  be  employed  in 
that  fervice :  yet  it  was  never  the  mind  of  the  church, 
that  perfons  of  quality  fhould  lay  their  familv -worfhip 
entirely  upon  their  chaplains,  and  never  perform  it  in  their 
own  perfons,  as  appears  from  the  folemn  acknowledge- 
ment of  fins,  where  they  confefs,  the  ignorance  of  God 
and  of  his  Son  prevails  exceedingly  in  the  land  ;  thegreateft 
part  of  matters  of  fam  lies  amongft  noblemen,  barons, 
gentlemen,  burgefles,  and  commons,  neglect  to  feek  God 
in  their  families,  and  to  endeavour  the  reformation  there- 
of; and  albeit  it  hath  been  much  prelTed,  yet  few  of  out* 
nobles  and  great  ones  ever  to  this  day  could  be  perfuaded 
to  perform  family  duties  themf  Ives,  and  in  their  own 
perfons,  which  makes  fo  necefiary  and  ufeful  a  duty  to 
be  mifregarded  by  others  of  inferior  rank  ;  nay,  many  of 
the  nobility,  gentry,  and  barons,  who  iliould  hav  been  ex- 
amples of  gcdiinefs  and  fober  walking  unto  others,  have 
been  ring- leaders  of  excefs  and  rioting. 

§  6.  Confidering  that  perfons  aiming  at  divifion  may  be 
ready  to  creep  into  houfes,  and  lead  captive  filly  and  un- 
liable fouls ;  for  preventing  whereof,  no  idler  who  hath 
no  particular  calling,  or  vagrant  perfon,  under  pretence  of 
a  calling,  is  to  be  fuffered  to  perform  worfhip  in  families. 
The  not  obferving  of  this  direction  hath  !  een  of  fad  con- 
fcquence  to  fome  families  in  this  land  in  late  times.  Nei- 
ther are  nerfbns  from  divers  families  to  be  invited  or  ad- 
mitted into  family- worfhip,  unlefs  it  be  thefe  who  are 
lodged  with  them  or  at  meat,  or  otherways  with  them  upon 
fome  lawful  occafibn. 

§  7.  So  many  as  can  conceive  prayer  ought  to  make  ufe 
of  that  gift  of  God,  albeit  thofe  who  are  rude  and  weaker 
may  begin  with  a  fit  form  of  prayer,  but  fo  as  they  be  not 
fluggiih  in  furring  up  in  thcmfelves  the  fpirit  of  prayer, 
which  is  given  to  ail  the  children  of  God  in  fome  mealure. 

§  8.  Let 


Tit.  2  .       Church    of    Scotland.  89 

§  8.  Let  them  confefs  to  God  how  unworthy  they  are  Materials  for 
to  come  in  his  prefence,  and  how  unfit  to  worlhip  his  Ma-  family  prayer 
jetty,  and  therefore  earneftly  aikof*  God  the  fpiritof  pray- 
er. They  are  to  confefs  their  fins,  and  the  fins  of  the  fa- 
mily, accuiing,  judging,  and  condemning  themfelves  for 
them,  till  they  bring  their  fouls  to  fome  meafure  of  true 
humiliation  ;  they  are  to  pour  out  their  fouls  to  God,  in 
the  name  of  Chrifr,  by  the  Spirit,  for  forgivenefs  of  fins, 
for  grace  to  repent,  to  believe,  and  to  live  foberly,  righte- 
oufly,  and  godly,  and  that  they  may  ferve  God  with  jov 
and  delight,  walking  before  him  ;  they  aie  to  give  thanks 
to  God  for  his  many  mercies  to  his  people  and  to  them- 
felves, and  efpecially  for  his  love  in  (Thrift,  and  for  the 
light  of  the  gofpel ;  they  are  to  pray  for  fuch  particular 
benefits,  fpirituai  and  temporal,  as  th:jy  ftand  m  need  of 
for  the  time ;  they  ought  to  pray  for  the  church  of  Chriil 
in  general,  for  all  the  reformed  churches,  and  for  this 
church  in  particular,  and  for  all  that  fuffer  for  the  name  of 
Chrift,  for  all  fuperiors,  for  the  Queen's  majeffy,  and  in- 
ferior magiftrates;  for  the  magiftrates,  minifters,  and  whole 
body  of  the  congregation ;  and  for  their  neighbours  abfent 
about  their  lawful  affairs,  and  for  thefe  that  are  at  home. 
The  prayer  may  be  clofed  with  an  earned  defire  that 
God  may  be  glorified  in  the  coming  of  the  kingdom  of  his 
Son,  and  that  what  they  have  alked  according  to  his  will 
may  be  done. 

§  9.  Extraordinary  duties  both  of  humiliation  and  thankf-   ,    i  !:.. . 

giving  are  to  be  carefully  performed  in  families,  when  the  fays  ^  fami- 

Lord,  by  extraordinary  oceafions,  private  or  public,  calleth  lies. 

for  them. 

§  to.  Perfons  of  divers  families  being  abroad  upon  their  TraveiIers 
,  .  „  o  r  are  to  wor- 

particular  vocations,  or  any  necefiary  oceafions,  are  to  take  g^p  together 

care  that  the  duties  of  prayer  and  thankfgiving  be  perform- 
ed by  fuch  as  the  company  fhall  judge  fitted. 

§  11.  By  an  acl:  of  AfTembly  1097,  feff  5.  fuch  elders  Church  office 
and  deacons  as  obftinately  refufe  or  negkef.  family- vvor-  j^ofed  \vho 
fhip  by  themfelves,  or  others  appointed  for  that  end,  are  neglect  fami- 
to  be  removed  from  their  office.  ly-worfhip. 


N  TITLE 


jo  Government    or    the         Book II. 

TITLE    III. 
Of  Baptifm. 

What  bap-      §  r*  "D  Aptism  is  a  facrament  of  the  New  Teflament, 
tifmis.  U   wherein  Chrift   hath  ordained  the  wafhing  with 

water  in  the  name  of  the  Father,  Son,  and  Holy  Ghoft, 
to  be  a  fign  and  feal  of  ingrafting  into  himfelf,  and  of  par- 
taking of  the  benefits  of  the  covenant  of  grace,  and  where- 
by the  parties  baptifed  are  folemnly  admitted  into  the  vi- 
able church,  and  enter  into  an  open  and  profefled  engage- 
ment to  be  only  and  wholly  the  Lord's. 
And  to  whom  §  2.  The  vifible  church,  which  is  catholic  or  univerfal 
to  be  admini-  under  the  gofpel,  confifts  of  all  thefe  throughout  the 
world  that  profefs  the  true  religion,  together  with  their 
children  :  and  baptifm  is  not  to  be  administered  to  any  that 
are  out  of  the  fame,  they  being  Grangers  to  the  covenant 
of  promifc,  till  they  profefs  their  faith  in  Chrift,  and  obe- 
dience to  him :  But  infants  defcending  from  parents,  either 
both,  or  but  one  of  them,  profeffing  faith  in  Chrift,  and  o~ 
bedience  to  him,  are  in  that  refpect  within  the  covenant, 
and  to  be  baptifed.  The  Directory  for  worfhip  fays, 
that  children  of  profeffing  parents  are  Chriftians,  and  fe- 
derally holy  before  baptifm,  and  therefore  are  they  bap- 
tifed; for  their  baptifm  fuppofeth  them  to  be  church- 
members,  and  doth  not  make  or  conftitute  them  fuch  : 
And  therefore  the  practice  of  denying  burial  among  Chri- 
ftians unto  children  unbaptifed  is  unagreeable  to  this  doc- 
trine, and  is  moft  unwarrantable :  If  we  confider,  that  the 
facraments  are  ordinances  to  be  adminiftered  in  the  church, 
and  to  the  church,  they  necefiarily  fuppofe  the  pre-exift- 
ence  of  a  church,  and  the  child's  previous  right  ot  that  feal. 
The  engap-e-  j  3»fy  tnat  covenant,  whereof  baptifm  is  a  feal,  the 
ment  of  pa-  Lord  pramifeth  to  be  our  God,  and  we  are  in  his  promifed 
rents  m  bap-  ftrength  to  engage  to  be  his  people;  which  engagement, 

■im   iii  s      though  Chriftian  infants  be  not  capable  to  come  under  of 
pieir  children  hr  .         c  .  ■  .  i  .      ,    . 

tnemielves  formally;  yet,  by  their  parents  vowing  in  their 

name  and  (lead,  they  do  thereby  become  abfblutely  bound 

to  the  performance  thereof,  becaufe  their  obligation  and 

duty  to  be  the  Lord's  were  fnppofed,  and  previous  unto 

fheir  being  baptifed. 

§  4-  When 


Tit.  3.  Church    of  Scotland.  91 

§  4.  When  both  parents  are  dead,  or  necefiarily  abfent,  When  ano* 
another  fponfor  is  to  be  taken ;  or,  when  they  are  fcanda-  ljier  f^°ni°r 
Jous  and  erroneous,  and  thereby  give  ground  to  think  they  Fexit  >Jnlce^ 
are  none  of  Chris's,  and  for  which  they  may  merk  the  ialy. 
higheft  cenfures  of  the  church,  if  not  prevented  by  eviden- 
ces of  their  fincere  repentance  :  In  that  cafe,  to  teftif  y  that 
it  doth  not  appear  that  the  children  have  any  right  unto  the 
privilege  of  that  fealing  ordinance  through  their  immediate 
parents;  and  that  they  may,  notwithstanding,  have  a  right 
thereto  by  their  more  remote  parents,  it  is  neccflary  that  a 
fponfor  prefent  the  children,  and  engage  for  them.  The 
parent  is  to  be  required  to  provide  fome  fit  perfon,  and,  if 
it  can  be,  one  related  as  a  parent  to  the  child  fhould  be 
fponfor.  Yet  it  feems  ignorant  parents  are  to  be  admitted 
to  prefent  their  children  ;  for,  by  acf  of  Afiembly  1648, 
feff  38.  art.  3.  of  domeftic  remedies  of  the  (ins  of  the  land, 
this  is  one,  that  perfons  to  be  married,  and  who  have  chil- 
dren to  be  baptifed,  who  are  very  rude  and  ignorant,  be 
furred  up  and  exhorted,  as  at  all  times,  fo  efpecially  at  that 
time,  to  attain  fome  meafureof  Chriftian  knowledge  in  the 
grounds  of  religion,  that  they  may  give  to  the  minifter,  be- 
fore the  elder  of  the  bounds  where  they  live,  force  ac- 
count of  their  knowledge,  that  fo  they  may  the  better 
teach  their  family,  and  train  up  their  children. 

§  5.  In  cafe  of  children  expofed,  whofe  baptifm,  after  When  the 
inquiry,  cannot  be  known,  the  fefllon  is  to  order  the  pre-  feffi()n  flwtiM 
fenting  of  the  child  to  baptifm,  and  the  feffion  itfelf  is  to  "e  Pu-i0r* 
fee  to  the  Chrifiian  education  of  the  child  :  As  alfo,  when 
fcandalous  parents  cannot  prev|il  with  any  fit  perfon,  or 
rather  relation,  to  prefent  the  child  in  their  name,  or  when 
the  relations  of  deceafed  parents  refufe  to  become  their 
fponfors,  the  feffion  then  is  to  order  as  is  laid.  The  ma- 
giftrate  is  to  take  care  that  expofed  infants  be  maintained, 
by  laying  the  expences  thereof  upon  the  parifh  proportion- 
ally. Ey  the  84th  canon,  con.  6.  in  Trullo,  "  Ganonicas 
"  patrum  leges  fequentes,  de  infantibus  quoque  decerni- 
44  mus,  quoties  non  inveniuntur  firmi  tefles  qui  eos  abfque 
44  ulla  dubitatione  baptifatos  effe  dicant,  nee  ipfi,  propter 
44  aetatem  de  fibi  tradito  myfterio  apte  refpondere  poflint, 
44  debere  abfque  ulla  offenflone  baptifari." 

§  6.  By  the  4th  article,  cap.  1  r.  of*  the  French  church- 

difcipline,  the  children  of  fathers  and  mothers  of  the  Ro- 

N  2  mi  ill 


Q2         Government    of    the         Book  Hi 

baptlfin  not   mifli  church,  and  oj^excommunicated  perfons,  cannot  be 
to,berl'71l)°"    admitted  into  the  church,  though  they  were  prefented  by. 
vLj  «„oie?<?§e  believing  fponfors,  unlefs  their  fathers  and  mothers  confent 
tions  of  a       to  it,  and  denre  it,  in  qmting  and  yielding  up  to  the  ipon- 
fponfor.  Tors  their  right  as  to  inftrucang  them  ;  for  baptifm  being  a 

privilege  and  benefit,  it  is  not  to  be  impofcd,  nor  children 
baptifed  again  ft  their  parents  will,  into  a  communion 
whereof  they  are  not  members  :  hence  the  cuftom  of  the 
church,  at  administering  of  baptifm,  is  to  aik  the  parent  or 
fponfor,  if  they  prefent  that  child  to  be  baptifed?  to  which 
they  declare  their  willingnefs,  by  their  anfwcring  affirma- 
tively. By  the  icth  aft  of  the  faid  i  ith  chapter,  thefe 
who  prefent  children  to  be  baptifed,  mud  be,  at  leaft,  four- 
teen years  of  age,  having  received  the  facrament  of  the 
Lord's  Supper;  and  if  they  have  not,  that  they  promife 
faithfully  to  ufe  their  endeavours  to  prepare  for  it. 

The  ufe,end,  §  y  When  finp-ie  perfons  or  families  remove  unto  other 
and  form  ct  •  i  1     i       i  r       j     •       j 

teftimonials  congregations,  they  cannot  regularly  there  be  admitted  un- 
to the  benefit  of  the  facraments  for  tbemfeives  or  children, 
till  they  produce  a  declaration  of  the  church  from  which 
they  came,  teftifying  them  to  be  free  of  any  known  fcan- 
dal,  oiherways  thefe  holy  things  may  be  profaned,  con- 
trary unto  that  church  practice  and  precept  facra  Jacris ; 
of  which  teflimonials  there  fhouid  a  regifter  be  kept,  and 
they  run  in  this  form  :  "  Thefe  are  to  teftify,  that  the 
"  bearer  hereof  hath  lived  in  this  parifh  of 

"  preceeding  1  aft  by  pa  ft ;  during 

"  which  (pace  he  behaved  himfelf  civilly  and  honedly, 
"  free  of  all  church-centre,  or  public  fcandal  known  to 
"  us.  This  given  by  command  of  the  kirk- fe (Hon  of  the 
"  faid  pari fh.     At  the  day  of 

«*  years,  by  A.  B.  feffion-clerk." 
Their  im-  §  8.  This  teftimonial  imports,   that  the  perfon  attcfted 

port,  and  how  is  not  per  famam  ciamojam,  or  notourly  fcandalous,  through 
f      Wf  erT&  or  immorality;  but  it  doth  not  fuppofe  him  to  have 

teftimonlals  a  competent  meafure  of  knowledge,  for  that  is  left  to  the 
in  order  to  trial  and  inquiry  of  the  church,  to  which  he  feeks  fo  be 
the  Lord's  added  as  a  member,  therefore  their  judgement  is  never  an- 
Sapper.  ticipate  by  any  fuch  claufe,  unlefs  in  tefiimonials  for  per- 

fons deflring  the  benefit  of  the  Lord's  Supper  in  another 
parifn,  where  the  pallor  thereof  cannot  then  get  time  to  ex- 
amine all  Ilrangers.    It  is  true,  when  mens  lives  and  mea- 


h 


Tit.  3.        Church  of  Scotland;  93 

fure  of  knowledge  are  generally  believed  to  be  good  and 
competent,  this  order,  as  to  fuch,  may  be  difpenfed  with  ; 
yet  it  were  to  be  wifbed,  that  eventhofe  would  obferve  it, 
and  not  give  occafion  to  others,  not  fo  good  or  know- 
ing, to  be  angry,  when  they  are  relinked  or  obliged  unto 
it. 

§  9.  In  the  baptifmal  engagement,  the  parent,  or  fpon-  Form  of  bap- 
for,  is,  in  name  of  the  child,  to  renounce  the  devil  and  all  tli3^alen~ 
his  works,  the  vain  pomp  and  glory  of  this  wicked  world,     to 
and  all  the  finful  luffs  of  the  flefh.     He  is  to  promife  to 
bring  up  the  child  in  the  knowledge  of  the  grounds  of  the 
Chriftian  religion,  as  they  are  contained  in  the  holy  fcrip- 
tures  of  the  Old  and  New  Teftament;  and,  laftly,  he  is 
to  bring  up  the  child  in  that  hoiy  life  and  practice  which 
God  hath  commanded  in  his  word.     The  engagements  to 
be  given  in  name  of  children  at  baptifm,  Ihould  beexpreif 
in  thefe  or  the  like  general  terms,  conform  to  the  Directory 
for  worihip,  approven  by  the  General  AfTembly,  7th  Feb. 
1645.     The  due  obfervation  whereof  is  ferioufly  recom- 
mended by  the  10th  act  of  AfTembly  1705. 

§  10.  The  facrament  of  baptifm  is  to  be  adminiftrate  The  r  „ 
in  the  face  of  the  congregation  after  fermon,  and  before  miniftration 
pronouncing  of  the  blefiing,  (fee  act  of  Aflem.  Feb.  7.  of  baptifm 
1 645.}  The  child  to  be  baptifed,  after  notice  given  to  the  andtiie  pray- 
minifter  the  day  before,  is  to  be  prefented,  the  pallor  re- 
maining in  the  fame  place  where  he  hath  preached,  and 
having  wrater  provided  in  a  large  bafon  ;  he  is  before  bap- 
tifm to  ufe  fome  words  of  inftrucYion,  touching  the  author, 
inftitution,  nature,  ufe,  and  end  of  this  facrament :  he  is 
alfo  to  admonifh  all  that  are  prefent  to  repent  of  their  fins 
againft  their  covenant  with  God,  and  to  improve  and 
make  the  right  ufe  of  their  baptifm  :  next,  the  parent,  or 
fpon  for,  is  to  be  exhorted  to  order  his  converfation  aright, 
and  walk  circumfpec~tly  ;  when  he  is  to  be  engaged  in  the 
words  of  the  form  above.  This  being  done,  prayer  is  al- 
fo to  be  joined  with  the  word  of  inftitution,  for  fandlify- 
ing  the  water  to  this  fpiritual  ufe.  The  prayer  is  to 
this  or  the  like  ciTeit,  that  the  Lord,  who  hath  not  left: 
us  as  flrangers  without  the  covenant  of  promife,  but  cal- 
led us  to  the  privileges  of  his  ordinances,  would  gracious- 
ly vouch fafe  to  fanctify  and  biefs  his  own  ordinance  of 
baptifm  at  this  time:  that  he  would  join  the  inward  bap= 

tiim 


94  Government  of  the         Book  II. 

tifm  of  his  fpirit  with  the  outward  baptifm  of  water ; 
make  this  baptifm  to  this  infant  a  feal  of  adoption,  rege- 
neration, and  eternal  life,  and  of  all  other  promifes  of  the 
Covenant  of  Grace;  that  the  child  may  be  planted  in  the' 
likenefs  of  the  death  and  refur  recti  on  of  Chrift,  and  that 
the  body  of  fin  being  deftroyed  in  him,  he  may  ferve 
God  in  newnefs  of  life  all  his  days.  Then  the  minifter 
is  to  demand  the  name  of  the  child,  which  being  told  him, 
he  is  to  fay  (calling  the  child  by  his  name)  "1  baptife 
*'  thee  in  the  name  of  the  Father,  of  the  Son,  and  of  the 
M  Holy  Ghoft."  As  he  pronounceth  thefe  words,  he  is 
to  baptife  the  child  with  water,  which,  for  the  manner  of 
doing,  it  is  not  only  lawful  but  fufficicnt,  and  mod  expe- 
dient, to  be  by  pouring  or  fpnnkling  of  the  water  on  the 
face  of  the  child,  without  adding  any  other  ceremony. 
This  done,  he  is  to  give  thanks  and  pray  to  this  or  the 
like  purpofe;  acknowledging,  with  all  thankfulnefs,  that 
the  Lord  is  true  and  faithful  in  keeping  covenant  and 
mercy;  that  he  is  good  and  gracious,  not  only  that  he 
numbereth  us  among  his  faints,  but  is  pleafed  alfo  to  be- 
fiow  upon  our  children  this  Angular  token  and  badge  of 
his  love  in  Chrift  ;  that  in  his  truth  and  fpecial  Providence, 
he  daily  bringeth  fome  into  the  bofom  of  his  church,  to 
be  partakers  of  his  ineftimable  benefits  purchafed  by  the 
blood  of  his  dear  Son,  for  the  continuance  and  increafe  of 
his  church  ;  and  praying,  that  the  Lord  would  ftill  con- 
tinue and  daily  confirm  more  and  more  this  his  unfpeak- 
able  favour;  that  he  would  receive  the  infant  now  bapti- 
fed,  and  folemnly  entered  into  the  houfehold  of  faith,  in- 
to his  fatherly  tuition  and  defence,  and  remember  him 
with  the  favour  he  fheweth  unto  his  people ;  that  if  he 
lhall  be  taken  out  of  this  life  in  his  infancy,  the  Lord, 
who  is  rich  in  mercy,  would  be  pleafed  to  receive  him 
up  into  glory,  and  if  he  live  and  attain  the  years  of  dif- 
cretion,  that  the  Lord  would  fo  teach  him  by  his  Word 
and  Spirit,  and  make  his  baptifm  effedlual  to  him,  and 
lb  uphold  him  by  his  divine  power  and  grace,  that  by 
faith  he  may  prevail  againft  the  devil,  the  world,  and 
the  flelli ;  till  in  the  end  he  obtain  a  full  and  final  vic- 
tory, and  fo  be  kept  by  the  power  of  God  through 
faith  unto  falvation,  through  Jefus  Chrift  ou  r  Lord. 

§  ii.  By 


Tit.  3.        Church    of    Scotland.  95 

j  11.  By  the    14th  article,  chap.    11.  of  the  French  Minifters^ are 
church  difcipline,   minifters  fhall   reject  names  given   to  aecenTrama 
children,  that  favour  of  ancient  Paganifm,  fuch  as  Diana,  t0  children* 
and  the  like  ;  and  the  names  attributed  to  God,  fuch  as 
Emmanual,  and  the  like,  but  the  names  of  holy  men  and 
women  in  fcripture  are  to  be  chofen. 

§  12.  By  the  1  oth  aft  of  Aflembiy  1690,  they  con fi-  Private  ufe 
dering,  that  the  parties  receiving  the  facraments  are  fo-  of  facraments 
lemniy  devoted  and  engaged  to  God  before  angels  and  condemned, 
men,  and  are  folemnly  received  as  members  of  the  church, 
and  do  entertain  communion  v/ith  her  ;  and  that  by  for- 
mer acts,  viz.  December  ro.  i6j8,  and  Feb.  7.  1645, 
the  private  ufe  of  them  hath  been  condemned  :  as  alio, 
that  by  allowing  the  private  ufe  of  the  fame  in  pretended 
cafes  of  necelllty,  the  fuperftitious  opinion  is  nourilhed, 
that  they  are  neceflary  unto  falvation,  not  only  as  com- 
manded duties,  but  as  means  without  which  falvation  can- 
not be  attained,  therefore  they  difcharge  the  adminiflra- 
tion  of  the  Lord's  Supper  to  fick  perfons  in  their  houfes, 
and  all  other  ufe  of  the  lame,  except  in  the  public  Af- 
femblies  of  the  church  ;  and  alfo,  they  difcharge  the  ad- 
mi  niftration  of  baptifm  in  private,  that  is,  in  any  place,  or 
at  any  time,  when  the  congregation  is  not  orderly  called 
together,  to  wait  on  the  diipenfing  of  the  word,  which  is 
agreeable  to  the  6th  article,  chap.  11.  of  the  French 
church-difciplinc,  and  not  to  be  difpenfed  with,  except  in 
times  of  perfecution ;  and  when  a  child  is  baptifed  in  a 
private  houfe,  as  is  n fed  in  England,  in  that  cafe  the  rot- 
nifter  is  to  certify  the  congregation  to  which  the  child  be- 
longs, that  the  fame  was  baptifed  by  him,  at  fuch  a  time, 
and  in  fuch  a  place,  before  divers  witnefles.  By  the  31ft 
can.  cone.  6.  in  Trullo  :  "  Clericos  qui  in  oratoriis  quse 
u  fact  intra  domos  facra  faciunt  vel  baptizant  hoc  illius 
"  loci  epifcopi  fententfa  facere  debere,  decern imus.  Qua- 
"  re  fi  quis  efctfeus  hoc  non  flc  fervaverit,  deponatur." 

§  13.  There  is  a  regifrer  to  be  kept  of  the  names  of  Remitter  of 
all  baptifed,  and  of  their  parents  names  and  defignations,  baptifm. 
and  of  the  time  of  their  baptifm,  and  of  the  names  of  the 
witnefles  thereto ;  and  of  all  illegitimate  children  their 
names,  and  thofe  of  their  parents  fhall  be  likewife  infert : 
But  of  fuch  it  is  only  (aid,  that  they  are  not  born  in  law- 
ful marriage.     When  it  is  an  inceftuous  child,  it  fhall 

fuffice 


96  Government     of    the         Book  II. 

fuffice  to  name  the  mother,  with  the  prefenter  of  the  child, 
that  the  remembrance  of  fo  heinous  a  (in  may  be  extin- 
guifhed  This  is  conform  to  the  19th  article  of  the  fore- 
faid  i  ith  chapter. 
Baptifm  to  be  §  J4*  Baptifm  is  not  to  be  adminftered  but  once  unto 
but  once  ad-  any  perfon.  It  is  not  the  practice  of  the  reformed  church - 
iririiiered.  Cs  to  re-baptife  thole  who  were  baptifed  by  the  Popifh 
clergy;  for  they  baptife  with  water  in  the  name  of  the 
Father.  Son,  and  Holy  Ghoft,  as  we  do.  But  Quakers, 
and  others,  who  want  this  external  feal  of  the  Covenant 
of  Grace,  though  fuch  fhould  make  profefTion  of  the  true 
faith,  that  facrament  of  baptifm  doth  remain  to  be  admi- 
niltered  unto  them,  before  they  or  their  children  can  enjoy 
the  privileges  of  church -members. 
He  who  bap-  §  [  5-  Neither  of  the  facraments  may  be  difpenfed  by 
rifethmuftbe  any  b'ut  a  minifter  of  the  word,  lawfully  ordained-  faith 
ordained  and  our  Confeffion  of  Faith,  cap  27  art.  ^  ;  and  perfons  are 
awfully  ca  -  tQ  ^e  baptjfeci  by  a  minifter  of  the  goipel  lawfully  cal- 
led thereunto,  according  to  art.  2.  cap.  28.  Our  law 
makes  infeftments  void  and  null,  where  they  are  not  gi- 
ven by  fuch  as  it  appoints  and  authorifeth  to  give  them  : 
thus  are  all  infeftments  in  royal  burghs,  not  given  by 
fomc  of  the  magiftrates  or  clerks  thereof  Yet  baptifm, 
when  it  is  adminiitered  by  a  perfon,  whofe  ordination  and 
call  is  n<  x  agreeable  to  the  principles,  conftitutions,  and 
practice  of  this  church,  the  efTentials  of  the  facrament 
being  obferved,  that  baptifm  is  efteemed  as  valid,  though 
not  as  lawful.  And  although  the  reformed  chu  dies,  (fo 
far  as  I  can  learn)  would  inflict  the  higheft  cenfure  upon 
women  or  laicks,  as  profaners  and  mockers  of  the  holy  fa- 
craments, if  they  prefumed  to  difpenfe  them,  and  would 
net  have  the  leaft  fcrupie  to  baptife  thofe  on  whom 
they  had  wickedly  ufurped  a  power  to  irapofe  a  mock 
of  it ;  yet  I  find  they  have  declined  to  determine  fo 
clearly  in  the  cafe  of  re-baptmng  of  thefe  who  were  bap- 
tifed by  depofed  miniftcrs  ;  which,  i  think,  doth  not 
proceed  fo  much  from  the  want  of  a  parity  of  reafon, 
as  it  doth  from  the  offence,  which  may  fometimes  be  ta- 
ken by  a  great  part  of  a  church,  who  do  not  underitand, 
or  are  not  fatisfied  with  the  grounds  of  their  depofith  n, 
or  perhaps  may  be  altogether  ignorant  of  their  being  de- 
pofed;  but  when  a  depofed  minifter  hath  io  little  inter- 
eft, 


Tit.  4.        Church   of    Scotland.  97 

eft,  and  fo  few  followers,  that  he  is  efteemed  by  mod, 
yea,  by  a  vail  majority,  to  be  lawfully  depoied:  in  that 
cafe  it  might  give  offence  not  to  re-baptife  a  child  who 
was  fo  unlawfully  baptifed. 

TITLE    IV. 

Of  the  Lord's  Supper. 

§  1.   r  I  ^HE  Lord's  Supper,  fo  called  from  the  time  of  What  the 

-*•  its  inftitntion  and  firft  celebration,  is  a  facra-  Lord'sSupper 
ment  of  the  New  Teftament,  wherein,  by  giving  and  re-  l ' 
ceiving  bread  and  wine,  according  to  the  appointment  of 
Jefus  Chrift,  his  death  is  fhewed  forth,  and  they  that 
worthily  communicate,  not  after  a  corporal  and  carnal 
manner,  but  by  faith  feed  upon  his  body  and  blood,  to 
their  fpiritual  nourishment  and  growth  in  grace,  have  their 
union  and  communion  with  him  confirmed,  teftify  and 
renew  their  thankful nefs  and  engagements  to  God,  and 
their  mutual  love  and  feilowfhip  each  with  another,  as 
members  of  the  fame  myftical  body. 

§  2.  Thefe  who  are  to  be  admitted  to  this  facrament,  Who  may  be 
muff  be  found  to  have  a  competent  knowledge  of  the  admitted 
fundamentals  of  the  Chriftian  religion,  and  to  be  of  fuch  wj10  nQ'u 
an  inoffenfive  walk  and  converfation,  both  towards  God 
and  their  neighbours,  that  they  are  not  known  to  be  guil- 
ty of  any  fcandal  that  meriteth  church-cenfure.  By  the 
]  2th  chap,  of  the  French -church  discipline,  art.  2.  perfons 
fhall  not  be  admitted  to  the  Lord's  Supper,  till  they  be 
above  twelve  years  of  age.  But  I  am  fure,  if  children  at 
nine  years  of  age  can  exprefs  themfelves  pioufly  and 
knowingly,  fhewing  that  they  have  the  grace  fignified 
and  promifed,  the  feal  of  the  promife  cannot  warrantably 
be  denied  unto  them  By  the  6th  art.  of  that  chapter,  a 
man  that  is  deaf  and  dumb,  fhewing  his  piety  and  religi- 
on what  he  can,  by  evident  figns,  tokens,  <»nd  geitures, 
may  be  admitted  to  partake,  when  by  a  long  experience 
of  the  holinefs  of*  his  life,  the  church  iliall  perceive  he 
has  faith.  By  the  7th  art.  thereof,  the  bread  of"  the  facra- 
ment  is  to  be  ad  mi  mile  red  to  thofe  who  cannot  drink  wine, 
they  protefting  that  it  is  not  through  contempt,  and  they 
doing  what  they  can  towards  it,  by  putting  the  cup  as  near 

O  their 


9  3  Government    of    the         Book  II. 

their  month  as  they  may  do,  to  avoid  giving  any  manner 
p£ offence  And  by  the  i  oth  art.  of  the  fame  1 2  th  chapter, 
they  fay,  in  as  much  as  feveral  lick  perfons  come  to  re- 
ceive tills  facrament,  which  gives  occafion  that  feverals 
make  fcruple  of  drinking  the  wine  after  them,  the  pallors 
and  elders  (hall  be  warned  to  take  good  heed  that  care 
and  prudence  be  ufed  in  this  matter;  they  may  commu- 
nicate lair. 
Theor^mary  '  §  Ordinary  bread  is  to  be  ufed;  and  it  is  mod  dc- 
eiemen  -   to  •    i      i  i      ,         i         i         ,         ,  •     i     r     • 

be  a&d  in  the  ccnt  ir  DS  leavened  wheat  oread-     /-sny  kind  or  wine  may 

Lord's  Sup-    be  ufed  in   the  Lord's  Supper,   yet  wine  of  a  red  colour 
Per-  feemcih  melt  iuitable.     In  cafe   a  fociety  of  Chrifiians 

ftould  want  the  fruits  of  the  vine  of  all  forts,  I  cannot 
think  but  it  might  re  fupplied  by  fome  cornpofutre  as 
J  kc  unto  it  as  Cv>uld  be  made  :  and  if  any  church  labour- 
ed under  that  invincible  neccdiry,  were  it  not  (afei 
them  to  interpret  that  as  a  call  and  warrant  to  communi- 
cate, though  wanting  the  fruit  of  the  vine,  than  to  conftruc* 
it  an  authorising  them  in  a  perpetual  neglect  of  that  la- 
crament  ? 
pQnunnm-  §  4.  When  the  ad  mi  (lion  of  thefe  who  are  allowed  to 

3  to  be      partake  of  the  Lord's  Supper,  is  once  recorded  by  a  fen- 
recorded  by    lcnce  0f  t}ie  chureh  fellion,  which  is  to  proceed  either  up- 
order,  and     on  tne  rninifler's  examining  of  the  parties  in  their  prefence, 
itted  by    or  at  Icaff  of  two  or  three  of  the  elders,  that  fo  the  reft 
ihttrfentence  may  pais  their  fentence  on  their  tedimony  and  report  ;  in 
<■  Ut  i'lAL'      that  cafe  there  will  never  be  any  necefHty  of  coming  af- 
terwards  to  minifters  and  elders  for  re-admiflion,  unlefs 
by  after-lcandal   they  be  judicially   fufpended  from   that 
prjyilege.  See  the  vindication  of  prefhuerial  government, 
printed  at  Londcn  1659,  j)age  J43.     See  §  b.  and  16.  of 
this  title. 
How  ftran-        §  5-  V- hen  the  facrament  of  the  Lords  Supper  is  to  be 
gers  are  ad-  celebrated  in  a  neighbouring  congregation,  who  have  not  j 
?"?k  Wltl1'  kifure,  and  whole  work  is  not  to  examine  ilrangers,  (as  a-  ! 
atttefd-  hove)  the  miniiier,  or  any  two  elders  in  his  abfence,   may 
iais.         give  teliimonials,  yea,  fhould  give  to  any  of  their  pariili  J 
who  communicate  ordinarily  at  their  own   pariih  church, 
and  are  without  fcandal  in  their  life  R>r  the  time,  who  are 
thereupon  to  be  admitted  ex  debito,    and  by  reafon  of  the 
communion  of  faints.      But  this  is  not  to  prejudge  the  ad- 
Gqn  oi'  any  iioaeft  perfon,  who  occadoaally  is  in  the 

place 


Tit.  4.        Church    of    Scotland.  99J 

place   where  the  communion  is  celebrate,  or  fuch  as  by 

death  or  abfence  of  their  own  minifter  or  elders,  con  Id 

not  have  a   tellimonial.     Acl  of  AfTembly  Feb.  7.  164.5, 

art.  i2.  about  uniformity  of  vvorfhip. 

§  6.  By  the  1  ith  acl:  of  Aflembly  1706,  it  is  recom-  Miriiilers  he- 

mended  to  all  rhitiifters,  to  take  as  ftrift  a  trial   as  can  be  haviour,efpc- 

hf  flsch  as  they  admit  to  the  Lord's  Supper,  especially  be-  cially  with 

fore  their  fifft  admiffion  thereto,  and  that  they  dilwenfly  f '£*?  7*™ 
.    n      n     ,  -ii  1        r^  i     r  /i         •   "i'it  admitted, 

mf trnct  them,  particularly  as  to  the   Covenant  or  Urace, 

znd  the  nature  and  end  of  that  ordinance  as  a  feal  thereof, 
a'-d  charge  upon  their  confeiences  the  obligations  they  lie 
under  from  their  baptifmal  covenant,  and  ferioufly  exhort 
them  to  renew  the  fame.  This  fully  anfwers  the  end 
that  any  Protectant  bifhop  can  have  iii  miniftering  of  con  - 
firrharion,  or  laying  on  of  hands  upon  thofe  that  are  bap- 
tiled  and  come  to  years  of"  difcretion  :  neither  doth  it  fa- 
vour of  any  fupcrflition,  or  any  fcaridalous-like  approach 
to  the  Papiits  their  confirmation  (by  chrifm  on  Infants)  for 
the  receiving  of  the  Holy  Ghoii,  which  is  nothing  clfe 
but  an  audacious  and  appiih  imitation  of  conveying  mira- 
culous operations  by  the  apeftles  hands. 

§  7.  it  is  agreeable  to  the  law  of  nature  to  fcek  and  Perfbns  £uih 
promote  the  good  of  others,  according  to  our  ability  and  {.-^te  rcaI> 
opportunity,  by  admoniihing  them  to  forbear  fin,  and  re-  fa\sf  ]10W  to 
pent  for  it,  Lev.  xix.  1  7.  *'  Thou  fhalt  not  hate  thy  bro-  be  admitted. 
"  ther  in  thy  heart;  thou  flialt  in  any  wife  rebuke  thy 
"  neighbour,  and  not  fuffer  fin  upon  him."  See  Mattli. 
xviii.  15.  1  fuppofe  that  the  fovereigns  on  earth  did  pu- 
blim  their  intentions  of  pardoning  all  traitors,  who  ihculd 
exprefs  their  forrow  and  hatred  at  former  treafons  ;  and  as 
a  mean  to  reduce  them  to  that  happy  temper,  had  Ariel - 
•ly  commanded  and  required  all  their  good  fubjecls,  to 
put  them  in  mind  of  tire  ingratitude,  folly,  and  danger 
of  their  treafon  :  would  not  we  conclude,  that  a  neighbour 
feeing  his  fellow  commit  treafon,  and  not  reproving  him 
therefor,  did  neither  regard  his  fovercign's  honour  and 
authority,  nor  yet  Valued  his  neighbour's  happinejs  ■?  how 
•much  more  jiiffJy  may  our  Lord  and  Saviour  load  and 
charge  church-rulers  with  this  fin,  if  they  fail  to  perform 
that  duty,  feeing  he  hath  laid  his  fpecial  commands  upon 
them  to  do  it?  and  therefore,  if  any  elder  or  minHicr, 
fhail  friffer    one  whom  they  know  to  be  guilty  of  feme 

O  2  icandalous 


ioo  Government  of  the  Book II. 

fcandalous  or  heinous  fin  though  not  public,  to  approach 
unto  the  Lord's  table,  without  fatisfying  acknowledge- 
ments made  in  private  for  it,  they  do  thereby,  for  oughc 
they  know,  fufTer  him  to  partake  of  that  holy  Supper  with 
unrepented  (in  upon  him. 

Perrons  who        r  ^  As  there  are  divers  kinds  of  good  gifts,  fo  there 
converie  not  J ,.  .  r   ,  p     °  ,  •  i 

too-ether,how  are  divers  degrees  or  them,  according  to  which  we  may 

to  be  admit-  and  ought  to  love  our  neighbour,  more  or  lefs,  becaufe 
ted.  we  are  commanded  to  do  good  unto  all  men,  both  with 

our  fpirimal  advice,  and  with  our  worldly  goods,  mini- 
flering  to  their  necefTities  but  efpecially  unto  them  who 
are  of  the  houfehold  of  faith,  Gal.  vi.  jo.  We  are 
bound  to  ihew  our  love  to  our  enemies,  by  overco- 
ming evil  with  good,  Rom.  xil  Zi  ;  which  is  the  way, 
not  only  to  be  even  with  them  that  wrong  us,  but  to  be 
above  them.  Every  man  is  called  to  provide  for  his 
own,  efpecially  for  thofe  of  his  own  houfe,  1  Tim  v. 
b.  We  arl  to  have  a  natural  affection  for  fuch  as  be 
near  ro  us  in  blocd,  and  the  want  thereof  is  difcovered 
by  their  want  ofconverfe.  The  apoftle,  i  Cor.  v.  11. 
forbids  to  keep  company  with  foTe  fcandalous  perfons, 
and  admitting  that  precept  to  be  prohibitive  of  a  civil  in- 
timacy, it  holds  as  a  ftronger  argument  againfr.  religious 
communion  with,  or  at  leaft  admiificn  of  them  to  fuch  a 
diftinguifliing  ordinance.  Solomon,  Prov.  xxii.  ^4  for- 
bids us  to  go  into  the  company  of  a  furious  man,  and  to 
convcrfe  frequently  and  familiarly  with  an  angry  mail, 
as  friends  ufe  to  do.  So  that,  though  there  are  common 
offices  due  to  all  men,  yet  that  diftinguifliing  practice  of 
friends  in  frequent  converfing  together,  is  free  and  opti- 
onal, as  the  bellowing  of  gifts  is.  Indeed,  when  notour 
icandalous  breaches  and  differences  do  happen,  in  that  cafe, 
the  parties  fliould  be  obliged  to  a  formal  agreement,  by 
converfing  in  prefence  of  thofe  whofe  work  it  is  to  com- 
pofe  fuch  differences ;  but  even  then,  they  can  be  obli- 
ged to  continue  in  no  more  friendfhip  than  a  common  con- 
verfe  imports,  efpecially  the  lefed  party.  They  may  be 
indeed  both  obliged  to  profefs  a  fincere  reconciliation, 
though  not  unto  a  familiar  converfation.  But  as  to  the 
ufual  converfe  with  thofe  of  our  houfehold  and  blood- re- 
lations, as  hufband  with  wife,  and  father  with  children, 
or  the  like,  it  is  agreeable  both  to  the  laws  of  nature  and 

mtereft, 


Tit.  4.        Church    of    Scotland.  ioi 

intereft,  firmly  to  preferve  and  perfevere  in  that.  Where- 
fore, upon  the  whole,  where  fuch  near  relations  refufe  u- 
fual  converfe  with  one  another,  or  neighbours  at  variaace, 
iliall  refufe  to  renew  or  continue  a  common  converfe,  in 
that  cafe  neither  of  the  guilty  parties  ought  to  be  admit- 
ted to  the  Lord's  table. 

§  9.  Fama  clamofa,  fublica  &  frequens>  doth  fupply  Persons  fcan- 
the  part  of  an  accufer,  fo  that  any  who  lie  under  the  lafh  A™  ^e[ 
of  fuch  reports,  mud  be  fo  far  from  being  admitted  to  mofam>  j10W 
the  Lord's  table,  or  yet  attefled  of,  as  free  of  fcandal,  to  be  admit- 
that  they  fhould  be  procefled  thereupon,  and  have  the  be-  ted  or  atteft- 
netit  of  neither,  till  they  jnftify  themfelves ;  fee  tit.  of 
vifitation  of  families. 

§    so.  When  one  church  government  is  eflablifhed,  if  How  t0  atj, 
the  church  mall  even  then  be  fo  unhappy  as  to  be  afflicted,  mit  thofe 
with  fchifm  from  thofe  who  own  the  fame :  in  that  cafe,  wll°  ta^e 
there  ought  to  be  union  and  communion  fought  and  ad-   ome      5" , 
mitred,    notwithflanding  failings  and  defects  of  feveral  from  xhQ     • 
kinds,  providing  union  and  communion  may  be  had  with-  church, 
out  acceffion  to  the  guilt  or  defects  of  others.:  that  is, 
without  being  obliged  to  approve  of  them,  or  condemn  in 
our  own  practice  what  we  judged  right,  or  that  we  be  not 
by  any  engagement  retrained  from  a  duty.    Indeed  where 
there  is  no  union  in  church  government,  Mr  Durham  on 
Scandal,  chap.  13.  fays,    he  cannot,   nor  dares  not  offer 
any  directions  for  making  up  an  union  here.     As  for  al- 
lowing thefe  who  in  their  judgement  differ  about  church- 
government  to  communicate  with  us,    it  is  fafer  to  allow 
them  to  communicate  with  us,  than  for  us  to  communicate 
with  them ;    for  by  this  way,  they  may  be  brought  unto 
us,  and  we  out  of  hazard  or  being  led  away  by  them.    But 
for  all  this,  fuch  perfons  are  not  to  be  admitted,  if  they  be  • 
in  their  practice  culpable  of  any  thing  which  would  juftly 
keep  back  thofe  of  our  own  communion-,  that  would  be 
truly  a  contracting  of  too  much  guilt,  for  gaining  of  any 
occadonal  profelyre  or  communicant. 

§11.  When  there  hath  been  a  great  and  general  defec-  How  thefe 
tion  by  a  church  and  kingdom,  then  the  national  Aflembly  wll°  areguil- 
ufeth  to  appoint  a  national' fait  and  humiliation  for  thefe  ? '     * at??n1f * 
caufes.     See  the  act  for  a  fall  November  12.  1690.  And  admitted. 
whoever  had  been  guilty  or  acceflory  to  the  fins  and  evils 
therein  acknowledged,  if  they  joined  in  the  oublic  fafting, 

they 


102 


Government    of    the      Book  II , 


How  non- 
communi- 
cants fhould 
be  treated. 


TTie  defign 
and  diftribu- 

f  ion  of  tick- 
ets. 


Fencing  and 
g  of 
the  tables.  Its 
ufe  and  end. 


they  did  thereby  acknowledge  *he  caufes  thereof  to  be  infl 
and  true,  and  profefied  their  forrow  and  humiliation  there- 
for: wherewith  the  fefljon  ought  to  be  fatisfied,  if  they 
fignify  their  meaning  to  have  been  fo,  or  that  they  judge 
the  caufes  of  the  faft  true  and  relevant. 

§  12  By  the  aft  of  AflembJy  3d  Auguft  1642,  every 
prelbytery  is  enjoined  to  proceed  againft  non-communi- 
cants; and  by  the  1 3th  art.  cap.  j  2.  of  the  French  church - 
difcipline,  thefe  who  have  been  a  long  time  in  the  church, 
and  will  not  communicate  of  the  Lord's  Supper,  if  they  do 
it  through  contempt,  or  for  fear  cf  being  obliged  to  for- 
jfake  all  manner  of  idolatry,  after  fcveral  admonitions,  they 
fhall  be  cut  off  from  the  body  of  the  church  ;  but  if  it  be 
through  infirmity,  they  fhall  be  borne  with  for  fame  time, 
until  they  can  be  eflablifhed.  And  by  the  aft  of  parliament 
if  th  James  VJ.  cap.  17.  which  is  never  yet  refcinded,  but 
rather  included  m  the  afts  made  and  ratified  againff  profane- 
nefs  :  By  it  all  men  arc  to  communicate  once  a  year,  with- 
out refpeft  to  the  excufe  of  deadly  feuds,  under  pecumai 
pains,  according  to  the  quality  of  the  tranfgrefibrs.  This 
aft  is  ratified  by  the  parliament  1641.  Though  people 
ought  not,  nor  cannot,  be  compelled  to  communicate,  yet 
non-communicating,  not  being  a  matter  indifferent,  but 
a  palpable  difobecience  to  God's  voice  in  the  gofpel,  (Lnke 
xxii.  1  9.)  they  ought  to  account  for  that  fcandalous  neglect 
and  intermiftion,  before  they  be  of  new  admitted. 

§  13,  None  rauft  pre  fume  to  fit  down  at  the  Lord's 
table  but  fuch  are  admitted  according  to  crder,  except  tbofe 
whofe  fitnefs  h  unqueflioned  and  notour.  Each  perfon, 
before  communicating,  doth  deliver  the  parifh  lead  ticket, 
when  fought  for,  to  one  of  the  elders  or  deacons  when  fit- 
ting at  the  table :  but  it  were  fafer  to  demand  thefe  war- 
rants or  tokens  at  their  entry  to  the  tables  j  for  a  perfon  un- 
warily or  defignedly  approaching  to  the  table  without  a 
token,  may,  with  lefs  observation  or  offence,  be  thus  kept 
fr<  m  it,  than  railed  from  it.  Thefe  tickets  are  diilributed 
by  the  feffion,  or  members  thereof,  by  their  allowance,  to 
fuch  as  they  have  admitted,  cr  know  to  be  lawfully  arret- 
ed from  other  pariihes. 

§  '4.  1  he  mmifter  axd  fefnon  having,  according  to  the 
rules  of  discipline  admitted  unto,  cr  debarred  perfbus  from 
the  Lord's  tabic,  the  pallor  doth  now,  immediately  before 

he 


Tit.  4.         Church  of  Scotland."  103 

he  read  the  words  of  inftitution,  docVinally  debar  from,  and 
inviteth  all  unto  the  Lord's  table,  according  to  the  (late  and 
condition  they  really  are  in.  If  there  lias  been  an  un- 
exacbiefs  or  omiffipn  in  the  exercife  of  difcipline,  through 
which  fome  are  admitted  whom  the  word  of  God  forbids 
to  approach  on  their  peril,  this  doctrinal  debarring  may 
fear  luch  from  partaking  :  but  if  there  hath  been  an  im- 
prudent and  uncharitable  exercife  of  difcipline,  in  debar- 
jng  of  fome  wronguoufly,  then  the  pallor's  doctrinal  open- 
ing of  the  tables  and  inviting  fuch  from  the  word  of  God 
to  approach,  although  debared  by  the  key  of  difcipline, 
in  ay  neverthelefs  comfort  the  mfc  Ives  in  the  Lord,  who 
will  be  a  little  fanctuary  unto  them  who  are  thus  roughly 
and  indifcreetly  treated  by  the  watchmen.  From  all  which 
we  may  gather,  that  it  is  fafer  to  err  on  the  right  hand  of 
charity,  than  on  the  left  hand  of  ftri&nefs  and  feverity : 
The  civil  law  gives  this  rule,  "  Semper  in  dubiis  benig- 
'•  niora  prceferenda  funt." 

§  15.  It  is  (o  far  from  being  a  warrant,  and  fatisfying  Secret  prepa- 
to  a  man's  confeience,  for  approaching  the  Lord's  table,  ratlon- 
becaufe  the  difcipline  of  the  church  admits  him,  that  even 
a  man  habitually  gracious  and  prepared,  will  not  for  ordi- 
nary adventure  to  approach  it,  except  he  hath  made  con- 
feience of  getting  himfelf  actually  prepared,  and  his  graces 
put  in  exercife,  and  fct  apart  fome  considerable  time  for 
ihox  piirpofe. 

§  1  6.  By  the  ae"r  of  A  ffemhly  7th  February  1 545,  about  Public  prepa- 
the  obfervation  of  the  Directory  in  fome  points  of  public  ration. 
Wprfliip,  congregations  are  ftill  to  be  tried  and  examined 
before  the  communion.  Item,  That  when  the  communion 
is  to  be  celebrate,  one  minifter  may  be  employed  for  af- 
fjfting  the  nuniiler  of  the  parifh.,  or  at  the  moft  two.  Item, 
Thar  there  be  o\iq  fcrmon  of  preparation  delivered  in  the 
ordinary  place  of  public  worihip,  upon  the  day  immediate- 
ly preceding.  Item,  That  the  minifter  who  cometh  to 
a'!  .t,  have  a  fpecial  care  to  provide  his  own  parifh.  Item, 
That  before  lerving  of  the  tables,  there  be  only  one  fer- 
ii-o;i  delivered  to  thefe  who  are  to  communicate,  and  that 
there  be  one  fcrmon  of  thank fgiving  after  the  communion 
is  ended,  item,  When  the  paridiioners  are  fo  numerous, 
thji  many  of  them  cannot  conveniently  have  place,  in  that 
.  the  brother  who  affifts  the  minifter  of  the  parifh  is  to 

preach 


104  Government    ofthe        Book  II. 

preach  to   them  who  are  not  to  communicate  that  day, 
which  is  not  to  begin  until  the  fermon  in  the  kirk  be  end- 
ed, to  wit,  fermon  in  the  forenoon. 
The  prefent        §  1 7.  But  by  the  prefent   practice,  the   Thurfday,    or 
pra&ice.        fome  other  day  of  the  week,  preceding   the  communion, 
is  kept  as  a  fad  day,  on  which  there  are  three  fcrmons, 
delivered  by  fo  many  neighbouring   miuifters,  which  yet 
to  fome  feems  not  very  proper  ;  for  the  defignof  that  day 
being  a  congregational  fait.,  on  which  the  fins  of  that  parifh 
are  to  be  mourned  over  before  the  Lord,  no  other  minilier 
can  have  fuch  particular  knowledge  thereof,  as  he  who  la- 
bours and  travels  among  them.      Upon  Saturday  there  are 
are  two  preparation  fermons,  and  upon  the  Lord's  day  there 
in  fome  churches  two  action  fermons,  befides  the  thankf- 
giving  in  the  afternoon  ;  and  on  the  Monday  there  are  two 
rhankfgiving  fermons.     There  will  be  at  thefe  occafions, 
three,  five,  or  perhaps  more  miniiters  affilling  the  pafior 
of  the  congregation,  becaufe  of  the  great  confluence  of 
people  that  refort  thereto.     Intimation  of  the  celebration 
of  the  Supper,  is  made   two  or  three  Sabbaths  before  : 
(the  Directory  fpeaks  but  of  one  J  and  on  the  Sabbath  im- 
mediately preceding  public  intimation  is  made  ofthe  faff. 
What  inter-       ^  ( g€  Upon  the  day  of  the  communion,   a  large  table 
thTalSor-^  being  *°  placed  as  the  communicants  may  bed  fit,  and  the 
iermon  and    congregation  may  both  fee  and   hear,    the  public  worfnip 
the  action  it-  is  begun  as  on  other  Sabbaths  :  and  immediately  after  fcr- 
^'  mon,    the  miniiler  prays  and  lings  a  part  of  fome  pfalm  ; 

then,  having  had  an  exhortation,  he  deiires  the  elders  and 
deacons  to  bring  forcward  the  elements,  while  he  cometh 
from  the  pulpit,  and  fitteth  down  at  the  table,  and  the  con- 
gregation again  fing;  thereafter  he  fenceth  and  openeth  the 
the  tables,  as  before  was  faid.  The  bread  now  Handing 
before  him  in  large  difnes,  fitly  prepared  for  breaking  and 
diltribution,  and  the  wine  in  large  cup,  he  reads,  and  may 
ihcrtly  expound  the  words  of  inftkurion,  1  Corinth  xi. 
2  -. —  >j>  Next,  He  ufeth  a  prayer,  wherein  he  both  gi- 
veth  thanks  for  the  ineftimable  benefit  of  redemption,  and 
prays  to  God  to  fanclify  the  elements,  and  accompany  his 
own  ordinance  with  the  effectual  working  of  his  Spirit. 
T,        .  .  §  1 9.  The  elements  being  thus   fa  ictifed  by  word  and 

tier's  behavi-  prayer,  theminifter  is  to  take  the  bread,  and  lay,  accord- 
onrattheac-  fog  to  the  holy  inftitutio'n,  command,  and  example  of  our 
tion.  bleiled 


Tit.  4.         Church    of    Scotland.  ,       105 

bletfed  Lord  and  Saviour  Jefus  Chrift,  I  take  this  bread, 
and  having  given  thanks,  1  break  it,  and  give  it  unto  you, 
Take  ye,  Eat  ye,  this  is  the  body  of  Chrift  which  is  broken 
for  you,  do  this  in  remembrance  of  him.  In  Jike  manner, 
the  minifter  is  to  take  the  cup,  and  fay*  according  to  the 
institution,  command,  and  example  of  our  Lord  Jefus 
Chrift,  I  take  this  cup,  and  give  it  unto  you.  'I  his  cup  is 
the  New  Teftament,  in  the  blood  of  Chrift,  which  is  ftied 
for  the  remiffion  of  the  (ins  of  many,  drink  ye  all  of  it ; 
for  as  oft  as  ye  eat  this  bread,  and  drink  this  cup,  ye  do 
(hew  the  Lord's  death  till  he  come.  If  the  rninilter  have 
no  other  brethren  affifting  him  in  the  adminiftration,  from 
whom  he  is  rather  to  take  the  communion  at  the  next  table, 
he  is  to  communicate  himfelf  at  the  firft  breaking  of  the 
bread,  and  diftributing  the  cup.  9 

§20.  All  the  while  the  elders  and  deacons  in  a  compe- Service  of 
tent  number,  and  in  a  grave  and  reverend  manner,  do  at-  tables  by  el- 
tend  about  the  table,  to  fee  that  none  be  admitted  without  c^% 
tokens,  as  in  the  13th  feet,  of  this  title,  and  that  all  who 
are  admitted,  may  have  the  bread  and  wine  in  their  own 
place  and  order  of  fitting,  which  is  without  difference  of 
degrees,  or  refpeft  of  perfbns. 

§  2 1.  By  the  laft-mentioned  aft  of  AiTembly,  there  is  to  The  behavi- 
be  no  reading  in  the  time  of  communicating,  but  the  mini-  o^v  of  mini- 
fter maketh  a  jfhort  exhortation  at  every  table  ;  that  there  iter\andcoll> 
be  tilence  during  the  time  or  the  communicants  receiving,  during  the 
only  the    minifter  may  drop  a  ftiort  and  fuitablc  fentence.  fetfviee. 
By  that  fame  a<ft,  the  diltribution  of  the  elements  among 
the  communicants  is  to  be  univerfally  ufed,   after  the  mi- 
nifter hath  broken  and  delivered  it  to  the  neareft.     Item, 
That  while  the  tables  are  didblving,  and  filling,  there  be 
always  finging  of  fome  portion  of  a  pfalm.     Item,  That 
the  communicants,    both  before  their  going  to,   and  after 
their  coming  from  the  table,  fhall  only  join  themfelves  to 
the  prefent  public    exercife   then  in   hand       item,  That 
none  of  thofe  who  are  prefent  in  the  kirk,  where  the  com- 
munion is  celebrate,  be  permitted  to  go  forth  till  the  whole 
tables  be  ferved,  and  die  blefling  pronounced,  unlefs  it  be 
for  more  commodious  order,  and  in  other  cafes  of  necef-  Exhortation 
&y?  and  thankf- 

§  22.  The  laft  table,  after  they   have  received,  ordi- giving  after 
narily  fitteth  ftill,  to  avoid  any  trouble  by  going  to  their  ail  h.ave  com: 

3  '  p  J  J   ^      &  mimicate,and 

r  own  the  conciuii. 

on. 


io6  Government  of  the       BooklL 

own  places.  Then  the  mmifter  goes  to  the  pulpit,  where, 
in  a  few  words,  he  putteth  them  in  mind  of  the  grace  of 
God  in  Jeius  Chrifi,  held  forth  in  this  facrament,  and  ex- 
horts them  to  walk  worthy  of  it.  Then  he  gives  folemn 
thanks  to  God  for  his  rich  mercy  in  Jefns  Chrift,  begs  his 
pardon  for  the  defe&s  of  the  whole  fcrvice,  and  intreats 
his  aiTiftance  to  walk  as  becometh  thofe  who  have  recei- 
ved fo  great  pledges  of  falvation,  and  then  concludes  with 
the  ufual  petitions  in  the  public  prayers  of  the  church. 
After  prayer,  all  join  in  hnging  a  part  of  a  pfalm  fui table 
to  the  occafion,  and  are  difmifled  with  the  bleffing. 
The  frequent       §  2g.  In  the  manufcript  acts  of  Aflembly,  there   is  an 

ce  e  ration o     ^  £>ecemh>er  ,  yfri   appointing  the  communion  to  be  ce- 

the  Lord  s  ,  m     D      '     rl    m        o  m 

Simper  re-     lebrate  four  times  a-year   in  towns,   and  twice -a  year  in 

commended,   country  parifhes  ;  yea,  it   was  adminiftered  then   once  a 

month,  as  may  be  feen  by  the  old  difciplme  bound  in  with 

the  old  pfalmSj  and   forms  for  prayer  in  Mr  Knox's  tin  e. 

And  by  the  14th  article,  cap.  12.  of  the  French  church- 

difcipline,  it  -is  recommended  to  their   national  fynod,  to 

give  directions  about  the  more  frequent  celebration  of  the 

Lord's   Supper,  and  their  cuitom  then  was  four  times  a- 

year :  but  our  a£ts  of  Aflembly    1638,  fed  23.  adl:    12. 

a£r.  j  9.  of  Aflembly  1701,  and  Directory  for  worfliip,  do 

only  recommend  the  frequent  celebration  of  the  Lord's 

Supper;  but  how  often  is  to  be  determined  by  the  kirk- 

feffions,  as  they  fhall  find  moft  convenient  for  the  people, 

their  comfort  and  edification.      Thefe  recommendations 

feem  to  be  treated  with  little  or  no  regard  among  us ;   for 

as  yet,  fo  far  as  I   know,  not  one  parifn  hath  celebrate  it 

once  more  than  ordinary  upon  their  account.     1  am  fure, 

if  they  would  have  it  but  once  a-year,  yet  parifhes  in  the 

neighbourhood  may  fo  correfpond,  as  to  have  it  in  that 

bouLtls  ail  the  months  of  the  year,  which  will  fupply  the 

want  of  its  frequency  in  one  parifn,   at  lead  unto  fuch  as 

may  well  travel  unto  their  neighbour  churches. 

Howcsmmu-       §  24.  By  the  act  James  VI.  pari.  3    cap.  24.  fub.  fin. 

jiion elements  the   parfons   of  all   parifh-kirks  are  to  furnim  bread  and 

ere  paid,  and  wjne  t0  ^  communion  fo  oft  as  it   fhall  be  admin 'lira  re, 

till  comrnu-n  And  ty  tne  a^  of  Aflembly  2  63  3,  feff  23.  art.  12.  where 

nion  is  not      the  minifter  of  a  pariili  has  only  allowance  for  furnifhing 

celebrate.        communion  elements  once  a  year,   it  is  declared,  that  the 

charges  ihould  rather  be  paid  out  of  that  day's  collection, 

than 


Tit.  5.         Church    of    Scotland*  io? 

than  that  the  congregation  want  the  more  frequent  ufe  of 
the  facrament.  Spanhemius,  in  his  introduction  to  facred  hi- 
ftory,  tells  us,  that  in  the  fecond  century,  the  Lord's  Sup- 
per was  then  exprcfled  by  feveral  names,  and  among  others, 
it  was  called  the  Oblation,  from  the  people's  offering 
the  bread  and  wine  :  And  truly,  if  the  people  were  defired 
to  contribute  money  for  that  end,  it  were  but  reafonable, 
and  not  to  be  grudged,  even  though  it  were  but  once  a 
year  celebrated,  where  the  minifler  has  no  allowance  even 
for  that  once,  and  wants  likewife  a  legal  maintenance  al- 
located and  fecured  unto  him :  but  where  the  communion  is 
but  once  a  year,  and  the  minifler  hath  a  legal  ftipend  fe- 
cured to  him,  he  ought  to  be  difcharged  to  take  or  defray 
the  expences  of  the  elements  out  of  the  money  given  and 
mortified  for  the  ufe  of  the  poor;  and  this  practice  is  ren- 
dered yet  the  more  fcandalous  and  inexcufable  in  parifhea 
where  this  facrament  is  but  once  a  year  celebrate,  and 
where  there  be  colleagues,  who  have  both  legal  ftipends. 
The  (urn  ordinarily  modified  for  communion  elements 
doth  not  exceed  fifty  merks  Scots,  which  the  heritors  are 
liable  yearly  to  pay,  although  the  communion  be  not  ad- 
ministrate in  the  parifli,  providing  the  minifler  offer  to  ap- 
ply it  for  the  ufe  of  the  poor. 

T  I  T  L  E    V. 

Of  the  Solemnization  of  Marriage. 

§  i.  Ayf  Ammonium   is   defined  by  Modettinus  to   be  Mairiags'ii 

1YX  <■<  Maris  et  faminae  conjuncrJo,  et  omnis  vitce  ^crlbed- 
"  confortium,  divini  et  humani  juris  communicatio," 
i  e.  the  conjunction  of  man  and  woman  to  be  comforts  for 
all  their  life,  with  a  communication  of  rights  divine  and 
human.  By  the  laws  of  the  church  of  England,  as  they 
are  reformed  by  Henry  VIII.  and  Edward  VI.  in  the  lat- 
ter edition  printed  at  London  1641,  marriage  is  defined 
"  Legitimus  contractus  mr.tuam  et  perpetuam  viri  cum 
"  fcemiqa  conjunctionem,  Dei  jufui  inducens  et  perficiens ; 
"  in  quo  tradit  uterque  alteri  poteftarem  fui  corporis,  vel 
"  ad  prolem  fufcipiendam,  vel  ad  fcortationem  cvitanefero/' 
Nuptiae  are  fometimos  taken  pro  ritu  nuptiali,  for  wedding 
ceremonies, 

P  %  «  2.  The 


io8  Government  of  the         Book  II. 

Sponfafia,  §  2.  The  fponfalia  or  efpoufals,  funt  mentio  et  repro- 

or  efpoufals,  miflio  futurarum  nuptiarum,  or,  de  futuro  matrimonio.  It 
is  only  a  ccnfent  de  prefenti  that  makes  marriage  ;  but  the 
confent  de  futuro,  which  is  given  at  the  contract  of  mar- 
riage, or  proclamation  of  banns,  is  only  the  efpoufals, 
which  are  premifcd  to  marriage  ;  it  being  fo  folemn  an  a£t, 
fhould  be  performed  with  due  deliberation.  By  the  civil 
jaw  and  cuflom  of  this  nation,  there  is  place,  rebus  inte- 
gris,  for  either  party  to  repent  and  renounce  the  efpoufals. 
See  Stair's  Inftit.  p.  25. ;  and  by  the  9th  article,  cap.  1  3. 
of  the  French  church-difcipline,  though  it  be  prohibited  to 
marry  the  filler  of  the  deceafed,  yet  it  doth  not  condemn 
marrying  the  filler  of  one  contracted  that  is  dead,  becaufe 
it  fuppofes  that  an  alliance  is  not  confummated  but  by 
commixion  of  blood  or  fex.  See  the  commentary  on  that 
article. 

§  5.  Marriage  ought  not'to  be  within  the  degrees  of 
es*  confanguiniry  or  affinity,  forbidden  by  the  ibth  chapter  of 
Leviticus.  The  man  may  not  marry  any  of  his  wife's 
jdndred  nearer  in  blood  than  he  may  of  his  own,  nor  the 
woman  of  the  husband's  kindred  nearer  in  blood  than  of 
her  own,  (fee  the  ConfefTion  of  Faith)  otherwife  the  mar- 
riage may  be  declared  to  have  been  null.  A  man  may 
marry  any  of  his  wife's  allies,  or  a  woman  any  of  her  huf- 
band's  allies,  "  nam  non  datur  affinitas  afiinitatis." 

$  u  Marriage  being  ordained  far  the  increafe  of  man- 
kind, and  for  preventing  of  uncleannefs,  perfons  natural- 
ly impotent  are  therefore  incapable  to  marry  ;  yet  by  the 
laws  of  the  church  of  England,  as  reformed  by  King  Hen- 
ry VIII.  and  King  Edward  VI.    de  Matrimonio,  cap.  7. 
their  canon  runs  thus:  "  Verum  fi  nota  fit  utriqne  perver- 
"  fitas,  ct  tamen  mutus  perducet  de  matrimonio  confen- 
"  fas,  nuptias  procedant ;  quoniam  volentibus  nulla  inju- 
*'  ria  pqteft  fieri." 
-~.r        §  5.  Thefe  who  cannot  confent,    cannot  marry,    fuch 
*  can-    as  ideots  and  furious  perfons,  durante  furore ;  neither  they 
not  mairy.      wno  jiave  not  tne  u^  Qf  tjie;r  reafor^  as  infants  and  thofe 

under  age,  who  are  not  come  to  the  ufe  of  difcretion, 
chat  is  when  the  perfon  is  within  the  years  of  pupillariry, 
commonly  eftabliihed  in  law  to  be  fourteen  in  males,  and 
twelve  in  females,  nifimalina  fuppleat  retatem,  which  with- 
out 


I  '.--■" ' 

-  -  ; 

\^ron 

,  and 

when  not. 

Tit.  5.        Church    of  Scotland,  109 

out  further  probation  declares  them  to  be  arrived  at  that 
difcretion  which  fits  them  for  marriage. 

§  6.  If  it  be  afked,  whether  the  confer*  of  parents,  cu-  C™^™  ^d 
rators,  or  neareft  friends  in  their  place  be  eflential  to  mar-  of  promifes 
riage  ?  The  common  fentence  will  refolvc  it,  "  Multa  of  marriage 
"  impediunt  matrionium  contrahendum,  quse  non  dirimnnt  ma^e  by  mi- 
'*  contractum  :"  fo  that  their  content  becomes  neceilary,  nors* 
as  it  were,  "  neceffitate  prascepti,  fed  non  necefTitate  me- 
u  dii."     And  by  an  overture  of  Aflembly,  June  4.  1644, 
it  is  propofed  to  be  confidered  on,  and  reported  by  the 
prefoyteries,  that  promifes  of  marriage  made  by  minors, 
to  women  with  whom  they  have  committed  fornication,  be 
declared  null  and  of  no  efFecT:;  efpecially  when  the  youth 
is  not  willing  to  obferve  the   fame,   becaufe  his  parents 
threaten  him  with  the  lofs  of  their  blefTing  and  of  his  birth- 
right.     This  is  propofed  as  being  agreeable  to  the  word  of 
God. 

§  7.  Errors  in  the  fubftantials  make  void  the  con fent,  Errors  that 
nnlefs  future  confent  fupervene,  as  it  did  in  Jacob,  who  Snnu.  e  C011~ 
fuppofed  that  he  had  married  and  received  Rachel,  but  by  rjag£# 
miftake  got  Leah  ;  yet  was  content  to  retain  her,  and  to 
ferve  for  the  other  alfo  :  but  errors  in  qualities  or  circum- 
ftantials  vitiate  not,  as  if  one  fuppofing  he  had  married  a 
maid  or  chafte  woman,  had  married  a  whore,  according 
to  Stair's  Inftitutions,  page  26.  Yet  by  Deuteronomy 
xxii.  21.  that  error  feemeth  to  be  accounted  fubftantial ; 
for,  by  that  text,  a  woman  fo  deceiving  a  man  was  to  be 
put  to  death;  and  by  the  3 8th  art.  cap,  13.  PYcnrh 
crnrh-difcipline,  if  it  fhould  happen,  that  after  contracts 
and  promifes  made,  and  before  the  accompli  Aim  en  t  of 
marriage,  the  bride  is  found  to  have  committed  fornication, 
before  or  after  the  faid  promifes,  and  that  it  was  unknown 
to  him  who  had  promifed  her  marriage,  the  confiflory 
may  proceed  to  a  new  marriage ;  and  the  bride  fliali  have 
the  fame  liberty,  if  it  be  found  that  the  .  bridegroom  has 
been  guilty  of  fornication  before  the  laid  promife.  By 
the  5th  art,  cap.  24.  of  our  ConfefTion  of  Faith,  that  cafe 
is  only  determined  thus  far,  viz.  adultery  or  fornication 
committed  after  a  contract,  being  detected  before  mar- 
riage, giveth  juft  occafion  to  the  innocent  party  to  diflblve 
that  contract,  and  they  fupport  this  from  that  fcripture, 
Matth.  i.  18.  19.  20. 

§  8.  Parties 


no         Government    of    the        Book II. 

Teftimopials  §  8.  Parties  cannot  be  married  without  they  be  known 
for  marriage,  to  be  (ingle  perfons,  either  by  the  rnintfter's  own  proper 
knowledge,  or  by  a  teftimonial  from  fome  minifter,  el- 
ders, or  feflion,  bearing  the  fame  :  but  albeit  they  cannot 
procure  a  teftimonial  in  common  form,  through  their  be- 
ing fcandalous,  yet  the  benefit  of  marriage  cannot  be  de- 
nied them  after  the  proclamation  of  banns.  But  by  the 
21  ft  art.  cap.  23.  of  the  French  church-difcipline,  if  one 
of  the  parties  who  defire  to  be  married  is  excommunicated, 
the  marriage  fhall  not  be  admitted  in  the  church,  unlefs 
the  excommunicate  perfon  make  confcffjon  of  his  faults ; 
but  thofe  that  are  fufpended  from  the  Lord's  Supper  they 
allow  to  be  married. 
M     .  §  9-Ey  the  3d  article,  chap.  24.  of  our  Confeffion  of 

with  Papifts.  Faith,  fuch  as  profefs  the  true  reformed  religion,  fhould 
nor  marry  with  Infidels,  Papifts,  or  with  other  idolaters, 
or  with  fuch  as  maintain  damnable  herefies.  And  in  pur- 
suance of  that,  by  an  overture  of  the  Aflerr.bly  1701, 
the  tranfcreffbrs  were  to  be  excommunicated.  But  our 
ftatefinen  difliking  the  fame,  this  overture  in  the  AiTembly 
1704.  a£r.  22.  idued  only  in  a  recommendation.  By  the 
72d  canon  concilii  fexti  in  Trullo,  it  is  determined  thus; 
c*  Non  licere  virum  orthodoxum  cum  muliere  hceretica 
"  conjungi,  ncquevcro  orthodoxum  cum  viro  hceretico  co- 
"  pulari,  fed  &  fi  quid  ejufmodi  ab  ullo  ex  omnibus  fac- 
"  turn  apparueret,  irritas  nuptias  exiflimare  &  nefarium 
cC  conjugium  diffblvi."  But  if  two  infidels  marry,  and 
one  of  them  becometh  Chriflian,  the  perfon  converted  is 
not  thereupon  warranted  to  defer t  or  put  away  the  other 
party  who  continues  blind,  1  Cor.  vii.  13.  14.;  and  by 
can.  31.  Concilii  Laodiceni,  "Quod  non  oportet  cum 
"  omni  haeretico  matrimonium  contrahere,  vel  dare  filios 
"  aut  filias,  fed  potius  accipere  (1  fc  Chriftanos  futuros 
"  profited ntur."  And  by  the  2cth  article,  cap.  13.  of 
the  French  church-difcipline,  when  one  of  the  parties  is- 
of  a  contrary  religion,  the  purpofes  of  marriage  fhall  not 
be  publifhed  in  the  church,  until  the  party  doth  publicly 
profefs  in  the  church,  that  with  full  refolution  he  renoun- 
ced all  idolatry  and  fu perdition,  particularly  the  Ma fs; 
and  if  any  paftor  or  confiltory  do  otherwife,  they  may  be 
fufpended  or  turned  cut  of  their  office  :  thus  difference  in 
religion  juilly  impedes  but  doth  not  annul  marriage. 

f  10.  If 


Tit.  5.       Church   of    Scotland.  in 

§  10.  If  parties  delay  their  marriage  forty  days  after  Marriage  de- 
proclamation,  they  are  to  be   put  to  the  renewing  of  the  l^Ye^  f°rty 

fame  before  they  be  married  :  and  the  French  difcipline,    ays  atteJ. 

11  1  j   1         i_         1      proclamation 

cap.  i  3th  art.  26.  doth  recommend  not  to  delay  the  cele-  ana  fcormno- 

bration,  after  proclamation  of  banns,  above  fix  weeks,  to  the  kirk, 
prevent  inconveniencies  and  ill  confequences.  The  refi- 
ling of  parties  after  proclamation,  is  commonly  called  a- 
mong  us,  a  fcorning  of  the  kirk,  though  the  injury  or  af- 
front redounds  moftly  againft  themfelves,  and  not  fb  much 
upon  the  congregation.  Indeed,  if  it  could  be  known 
that  parties  never  had  a  ferious  purpofe  for  marriage,  but 
only  from  a  profane,  making,  and  vain  temper,  had  de- 
fired  themfelves  to  be  proclaimed  ;  in  this  cafe,  they  de- 
ferve  to  be  treated  as  mockers  of  God  and  his  people. 
There  are  other  ways  whereby  God  and  his  church  may 
be  mocked,  when  perfbns,  who  be  found  in  body  and 
mind,  are  given  up  to  be  minded  in  the  public  prayers  of 
the  church,  when  they  are  truely  diftreiTed  in  neither, 
the  authors  of  which  mocking  and  forgery  deferve  to  be 
proceeded  againft  with  the  cenfures  of  the  church. 

§    11.  Ad ul fray  and  willful  defertion  do  not  annul  the  When  adul- 
marriage  on  any  abfolute  neceflity,  but  they  are  juft  occa-  tei7  an(*  wil- 
fions  upon  which  the  perfons  injured  may  annul  it,  and         etertion 
1     c  1         t     -ri_  \     r  -  i_  annal  mar" 

be  free ;  otherwiie,  if  they  pleale  to  continue,  the  mar-  riage. 

riage  remains  valid,  excepting  when  the  adultery  is  com- 
mitted or  ac  ompanyed  with  inccft,  as  if  a  man  fhould  ly 
with  his  wife's  filler,  in  which  cafe  the  wife  cannot  free 
hcrfelf  from  the  fcandal  of  inceft,  if  {he,  after  knowledge 
thereof,  continue  to  co-habit  with  him  as  her  hufband. 
And  by  the  pari.  1 57^.  cap.  55.it  is  ordered,  that  the 
deierter,  after  four  years  wilful  defertion  without  a  rea- 
fonable  cauie,  muff  be  firft  purfued,  and  decerned  to  ad- 
here, and  being  thereupon  denounced,  and  alfo  after  pri- 
vate and  public  admonitions  by  the  church,  excommuni- 
cate, the  commiflaries  are  warranted  to  proceed  to  divorce. 
But  fimple-  abfence  will  not  be  accounted  wilful  defertion, 
if  he  be  following  any  lawful  employment  abroad.  In 
cafe  then,  a  party  be  out  of  the  country,  I  fee  not  how 
this  order  can  be  ufed  and  proceeded  in,  unlefs  it  were 
fiiiScicntiy  verified  and  made  appear,  that  he  knew  of  his 
being  cited  before  their  confiftorial  courts,  and  that  his 
abfence  was  wilful  and  not  necefTary. 

§   12  A 


H2         Government    of    the         Book II.. 

Re-marrymg       §  1 2.  A  party  divorced  for  adultery  may  marry  again, 

vorce  or  pro"  ^°  lt  ^e  not  to  l^°^e  Wlt^  w^om  tne  adultery,  upon  which 
ven  adultery.  tne  divorce  proceeded,  was  committed :  for  marriage  be- 
tween fuch  is  declared  null,  and  the  iflue  inhabile  to  fuc- 
ceed  to  their  parents  as  heirs,  pari.  1600.   cap.  20.  yea, 
it  feems  agreeable  to  equity  and  reafon,  that  where  adul- 
tery was  proven,  albeit  no  divorce  enfjed,  in  that  cafe 
the  adulterers  cannot  marry  together.     Which  agrees  with 
the  Civilians,  that,  "  Dolus  malus  facit  cedare  quodcun- 
"  que  privilegium,  fraus  enim  nemini  debet  patrocinari 
"  imo  punienda." 
Force  annulls      §13.  Marriage  contracted   with  a  woman  ravifhed  or 
marriage.       violently  taken  away  and  (till  reclaiming,  is  annulled  from 
the  beginning ;  fee  Mackenzie  &  Mathceus  de  Raptu  : 
and  to  this  agrees  that  forecited  book  of  the  ecclefiaftical 
laws  of  England,    cap.    12.  de  matrimonii).     But  lam 
fure  it  is  unjuft  to  treat  their  children  as  fons  of  whores  ; 
See  lib.  3.  tit.  Ravifliers  of  women. 
Time  and  §  r^  After  banns  have  been  lawfully  proclaimed,  and 

r'a&e  °  "^^  I)0ne  f°Lind  objecting  againft  the  marriage,  the  fame  may 
thereafter  be  celebrate  in  private  houfes,  before  witnefles, 
as  the  cu'tom  is  now  become,  upon  any  week-day,  not 
being  a  faft-day.     Albeit  by  the  Directory  for  worihip, 
it  is  publicly  to  be  folemnized   in  the  place  appointed  by 
authority  for  public  worfhip,  before  a  competent  number 
of  credible  witncfles,  and  they  advife  that  it  be  not  on  the 
Lotd's  day.     I  am  fure,  feamen  who  are  to  loofe  and  go 
to  fea  on  Monday,  may  marry  on  the  Saturday  as  weli  as 
on  the  Sabbath  before 
No  marriage      §    1 5.  Marriage  without  proclamation  is  difcharged,   as 
without  pro5-  having  dangerous  effects,  excepting  where  the  preibytery, 
clamation  of  jn  fome  neceilary  exigences,  difpenfe  therewith,  AiTem- 
banns,  unlefs  b]        6    ,     [[f  M         j6    q    fd]r    |2<       fie. 

the  prefbyte-  r  *        *  1  •  r  1  i_  "       j         l  •  c 

y  difpenfe     i°re  any   proclamation  of  banns  be  made,  the  names  or 

herewith,  parties,  and  there  parents,  tutors,  or  curators,  are  to  be 
given  up  to  the  miniftcr,  that  the  confent  of  friends  may 
be  known,  and  the  proclamation  is  to  be  made  before  di- 
nine  iervice  begin,  for  three  feveral  Sabbaths;  the  parties 
named  being  defigned  as  fully  as  they  ufe  ro  be  in  writes 
or  contracts  of  marriage,  and  in  collegiate  churches,  the 
proclamation  is  to  be  in  every  cl  urch  of  the  town,  Aflem.  . 
1699.  fell  5.     By  the  18th  art.  1  jrii  cap.  of  the  French 

cbuich- 


Tit.  5.        Church    of    Scotland.  113 

church-  difcipline,  rhefe  who  live  in  places  where  the  U-> 
fual  exrciies  of  religion  is  not  eftabliihcd,  may  caufe  their* 
banns  to  be  publifhed  inRomifti  churches,  in  as  much  as 
the  matter  is  partly  of  a  political  nature.  And  by  the 
2?d  article  of"  that  chapter,,  the  banns  of  widows  who  re- 
marry mall  not  be  published  in  the  church,  till  feven 
months  and  two  weeks,  at  lean1,  after  the  deceafe  of  theif 
former  hufbands,  to  avoid  the  fcandals  and  inconvenien- 
cies  that  may  .happen  by  it,  unlefs  it  fo  happen,  that  the 
magiftrates  order  may  interpofe  to  the  contrary. 

§    16.   One  may  be  clandestinely  married,  either  wheil  Clanceftine 
bmns  are  not  proclaimed,  or  when  the   marriage  is  cele-  mJrnage> 
brated  by   one  not  ordained  and  admitted  by  the  church, .  puniflun&rf 
nor  authorized  by  the  ftate.     By  our  acts  of  parliament  and  cenfurc. 
"WillianA  pari.   fern"  5.  cap.  12.  theperfons  ciandedinely 
married,  may  now  be  piofecuted  by  every  procutaroF  fii- 
cal.     And  by  cap.  o.   fell  7.  pari.  K.  William,   perfons 
clandeitinely  married,  are  obliged,  when  required,  to  de- 
clare the  name  of  the  celebrator,  and  witnedes,   under  the 
pains    following,     viz.     each    nobleman    2000   1.     the 
landed  gentleman   2000  merks,  any  other  gentlemen  or 
burgefs  1000  1.  and  any  other  perion  200  merks,  and  tp 
be  imprifoned  till  they  declare  and  pay.     The  celebrator 
is  puniihable  by  the  council,  not  only  with  banim.nenr> 
but  in  fuch  pecunial  or  corporal  pains  as  they  mall  think 
fit ;  the  witnefies   are  made  liable  in   the  fnrn  of   ico  1* 
None  of  the  parties  (if  both  be  redding  in  Scotland)  fhall 
get  themfclves  married  in   England,  or  Ireland,  without 
proclamation  of  banns  in  Scotland,  and  againft  the  order  ■ 
of  the  kirk,  under  the  pains  as  aforefaid,  which  are  al- 
ways without  prejudice  of  kirk-cenfure.     And  there  is  no 
doubt  they  mould  be  rebuked  as  unnecfiary  tranfgreilbrs 
of  a  veiy  comely  and  rational  church-order. 

§    \y.  By  the  form  of  folemnization  of  matrimony,  Objectdi'S  M 

prefcribed  by  the  church  of  England,  in  the  book  of  Com-  gain  .  tue  u 
~  y  ...       ■  b  l     j         r  -  j    marriage  on 

mon  rrayer,    ir  any  man   upon  the  day  or  marriage,  do  that  day 

a  Hedge  and  declare  any  impediment,  why  the  parries  may  ought  to  find 

not  be   coupled  together  in  matrimony,  by  God's  ljrars^ .caution* 

and  the  laws  of  the  realm,  and  will  be  bound,  and  fuffi- 

cient  fureties  with  him,  to  the  parties,  or  elle   put  in  a 

caution  (to  the  full  value  of  fuch  charges  as  the  perfons 

to  be  married  do  thereby  fhdain)  to  prove  his  allegation  ; 

then  the  folemnization  natttfc  be  deferred  until  fuch  time  as 

ihe  truth  be  tried.  Q_  §  J  8 .  After 


ii4  Government    of    the        Eook  II. 

Form  of  fo-      §   1 8    After  the  purpofe  of  marriage  hath  been  orderly 
lemnization    pubJifhed,   the  minifter  is  firft  to  pray  for  a  blefling  up- 
ase covenant".  on  tne  Par"es  appearing  to  be  married  :  which  being  end- 
ed, he  is  briefly  to  declare  unto  them  out  of  the  fcripture 
the  inftitution,  ufe,  and  ends  of  marriage,  with  the  conju- 
gal duties      Then  he  is  folemnly  to  charge  the  perfbns 
to  be  married,  that  they  would  anfwer  as  in  the  fight  of 
God,  to  whom  they  mud  give  a  ftricl:  account  at  the  laft 
day,  that  if  either  of  them  know  any  caufe,  by  pre-con- 
tract or  otherwife,  why  they  may  not  lawfully  proceed  to 
marriage,  that  they  now  difcover  it.     7  he  minifter,  if  no 
impediment  be  acknowledged,  fhall  caufe  firft  the   man 
take  the  woman  by  the  right  hand,  faying  thefe  word?. 
u  I,  N.  do  take  thee  N   to  be  my  married  wife,  and  do, 
'*  in  the  prefence  of  God,  and  before   thefe  witnefles, 
"  promife  and  covenant  to  be  a  loving  and  faithful  huf- 
"  band  unto  thee,  until  God  fhall  feparate  us  by  death. " 
Then  the  woman  fhall  take  the  man  by  the  right  hand,  fay- 
ing thefe  words.  "  1,  TV.  do  take  thee  iV.  to  be  my  married 
"  hufband,  and  1  do,  in  the  prefence  of  God,  and  before 
u  thefe  witnefles,  promife  and  covenant,  to  be  a  loving, 
tC  faithful,  and  obedient  wife  unto  thee,  until  God  fhall 
"  feparate  us  by  death."     Then  without  further  ceremo- 
ny, the  minifter  fhall  pronounce  them  to  be  hufhand  and 
wife,  according  to  God's  ordinance,  and  fb  conclude  the 
action  with  prayer 
Regifter  of        §  i  o.  By  the  Directory  for  worfhip  on  this  head,  a  re- 
marriage  and  gjfter  is  to  be  carefully  kept,  wherein  the  names  of  the 
baptilnis;       partjes   fo  married,    with  the  time  of"  their  marriage,  are 
faith.  forthwith  to  be  fairly   recorded,  for  the  perufual  of  all 

whom  it  may  concern.  And  that  the  regifters  of  baptifms 
and  marriages  may  bear  the  greater  faith,  it  is  fit  they  be 
fubfci  ibed  on  each  page  by  the  minifter ;  or,  in  a  vacan- 
cy, by  two  elders,  and  the  clerk  of  the  fefhon. 

TITLE     VI. 

Of  Vifitation  of  the  Sick. 


I.   V^/E  are  admonifhed  byrthe  Apoftle  Paul,  i  Cor. 
*  *      x.  32    to  give   offence  neither  to  the  Jews, 


Minifters,  el-  § 
Hers,  or  dea- 
cons, fhould  1K)r  to  the  Gentles,  nor  to  the  church  of  God.     By  the 

oc  cautious  in  _n. 


Tit.  6.      Church    of    Scotland.  115 

4  :ft  canon  ConciL  Carthagin    "  Clerici  ad  viduas  vel  vir-  being  alone 
"  gines   non  ingrediantur,  fed  cum  con-clericis,  vel  nbi  ^y1^1  unrrar* 
u  adfunt  clerici.  vel  aliqui  bonas  exiftimationis  Chriftiani."  ^hen^dTor 
And  by  the  act  of  Aflembly  Auguft  24.  1647.  fe(T.   ig.  in  trouble, 
-art.  i  j    fometimes  the  perfon  troubled  may  be  of  that  con- 
dition,   or  that  fex,  that  difcretion,  medefty,  or  fear  of 
fcandal,  requireth  a  godly  grave  friend  to  be  prefent, 
when  the  paftor  is  vifiting  the  troubled  perfon. 

§   2.  It  is  the  minifter's  duty  to  admonifh,  exhort,  re-  Minifters  and 
prove,  and  comfort  thefe  committed  to  his  charge,  upon  people  are 
all  feafonable  occafions,  fo  far  as  his  time,  ftrength,  and  *recluen%  to 
perfonal    fafety  will  permit.     The  people  are  often  to  bout  tileir~ 
confer  with  their  minifter  about  the  flate  of  their  fouls,  foul-matters, 
and  in  times  of  ficknefs  to  defire  his  advice  and  help,  be- 
fore their  ftrength  and  underftanding  fail  them  :  for  this 
and  what  follows  of  this  title,  fee  the  Directory. 

§   3.   The  nvnifter  being  fent  for,    is  to  repair  to  the  The  matter 
fick,  and  to  apply  himfelf  with  all  tendernefs  and  love  to  of  his  confer- 
his  foul,  inftrucVms  him  out  of  the  fcripture,  that  difea-  £ncf  ?  ief 
les  come  not  by  chance,  or  by  diitempers  or  body  only,  tne  flck. 
but  by  the  wife  hand  of  God  ;  and  whether  it  be  laid  up- 
on one  out  of  difpleafure  for  (in,  for  his  correction  or  a- 
mendment,  or  for  trial  and  exercife  of  his  graces,  or  for 
other  fpecial  and  excellent  ends,  all  his  fufferings  fhali 
turn  to  his  profit,  if  he  fincerely  labour  to  make  a  fancli- 
fied  ufe  of  God's  vifuation,  neither  defpiflng  his  chaflen- 
ing,  nor  waxing  weary  of  his  correction. 

§  4.  If  the  minifter  fufpect  him  of  ignorance,  he  fhall  How  to  deal 
examine  and  inflruct  him  in  the  principles  of  religion,  and  Wltl  *ie  *&" 

1  r  11  i       r    rr  r    i  norant, 

in  the  nature,  ule,  excellency  and  neceility  or  the  graces  doubting  and 
of  the  fpirk  of  God.  He  fhali  ftir  up  the  fick  perfon  to  fecure. 
examine  himfelf,  to  fearch  and  try  his  former  ways,  and 
his  ftate  towards  God.  If  the  fick  perfon  fhall  declare 
any  fcruple,  dodbt,  or  temptation,  that  is  upon  him,  in- 
frruftions  and  resolutions  fhall  be  given  to  fettle  him.  But 
if  it  appear  that  he  hath  not  a  due  fenfe  of  his  fins,  en- 
deavours ought  to  be  ufed  to  convince  him,  of  the  gui-t, 
pollution  and  defcrt  of  them  ;  and  withal,  to  make  known 
the  danger  of  delaying  repentance,  and  to  roufe  him  out 
of  a  ftupid  fecure  condition,  to  apprehend  the  juiiice  and 
wrath  of  God,  before  whom  none  who  are  out  of  Chrift 
can  itand  :  care  mule  be  taken  that  the  fick  per; on  be  not 
Qj,  call: 


1 1 6  Government    of    the  Book  II. 

call  down  into  defpair,  by  fuch  a  fevere  reprefentation  of 
the  wrath  of  God  due  to  him  for  his  fins,  as  is  not  moiifl»d 
by  a  feafbnable  propounding  of  Chrilt  and  his  merits,  for 
a  door  of  hope  to  every  penitent  believer. 
tj™„  *    j    i       §  5"-  If"  the   fick  perfon  have  endeavoured  to  walk  in 

How   to  deal     i  .•  ?    J  r  i      r       r  i         r  -r*     i  •  •    1  r        \ 

with  thofe  of  tJle  ways  or  holinels,  and  to  Jerve  Crod  in  upnghtnels,  al- 
whofe  well-  though  not  without  many  failing  and  infirmities ;  or,  if 
being  there  is  j,  ;3  fpirjt  be  broken  with  the  fenfe  of  (in,  or  caft  down 
Eope"  U  0l  trough  rbe  fenfe  of  the  want  of  God's  favour,  then  it 
will  be  fit  to  raife  him  up,  by  felting  before  him  the  frec- 
nefi  and  fulnefs  of. God's  grace,  the  fufficiency  of 
Chrift's  righteoufnefs,  and  the  gracious  offers  in  the  gofi- 
pel  :  it  may  be  alfo  ufcfui  to  fhew  him,  that  death  haih 
r.o  fpiritual  evil  to  be  feared  by  thofe  who  are  in  Chrilt, 
becaufe  fin,  the  ftirag  of  death*  is  taken  away  by  him  who 
hath  delivered  all  that  are  his  from  the  bondage  of  the 
fear  of  death.  Let  advice  alfo  be  given,  as  to  beware  of 
an  ill-grounded  perfuafion  on  mercy,  or  on  the  goodnefs 
of  his  condition  for  heaven,  fo  to  difclaim  all  merit  in 
himfelf,  and  to  call  himfelf  wholly  upon  God  for  mercy, 
in  the  fole  merits  and  mediation  of  Jefus  Chrilt. 
The  mlnHler  §  ^'  ^  nen  tD6  ^k  perfon  is  beft  compofed,  may  be 
is  to  pray  it'  IcaiJ-  difturbed,  and  other  neceffary  offices  about  him  leaf! 
defired,  and  hindred,  the  minifler,  if  defired,  fhall  pray  with  and  for 
jarvnat.  },:m^  confefling  and  bewailing  original  and  aclual  fin,  ac- 
knowledging it  to  be  the  caufe  of  all  mifery  ;  imploring 
God's  mercy  for  the  fick  perfon  through  the  blood  of 
Chrift,  befecching  that  God  would  open  his  eyes,  caufe 
him  ro  fee  himfelf  loft  in  himfelf,  make  known  to  him 
the  caufe  why  God  fmitteth  him,  reveal  Jefus  Chrift  to 
his  foui  for  righteoufnefs  and  life,  give  unto  him  his  holy 
fpirit  to  create  and  ftrcngthen  faith,  to  work  in  him  com- 
fortable evidences  of  his  love,  to  arm  him  againit  tempta- 
tions, to  take  off  his  heart  from  the  world,  to  furnifh  him 
with  patience  and  ftrerigth  to  bear  his  prefent  vifitation, 
and  to  give  him  perfevcrancc  in  faith  to  the  end  ;  that  if 
God  fhall  plcafe  to  add  to- his  days,  he  would  vouch - 
fafe  toblefsall  means  of  his  recovery,  renew  his  flrength, 
and  enable  him  to  wdlk  worthy  of  God  by  a  faithful  re- 
incmberan.ee  and  diligent  obferving  of  his  vows  and  pro- 
rmlcs  of  holinefs  and  obedience  :  and  if  God  hath  deter- 
mined to  finifn  his  days,  by  t!;e  prefent  yiikation,  he  may 

find 


Tit,  7.  Church  of    Scotland.  117 

find  fuch  evidence  of  his  interefl:  in  Chrifl:,  as  may.caufe 
his  inward  man  to  be  renewed,  while  his  outward  man 
decayeth 

§  7   The  minifler  fhall  admonifh  him  alfo,  as  there  fhall  Peculiar  ad- 
be  caufe,  to  fet  his  houfe  in  order,  thereby  to  prevent  in-  J2J23K3 
conveniencies,   to  take  care  for  the  payment  of  his  debts,  exilortations 
and  to  make  refutation  or  fatisfa&ion  where  he  hath  done  to  Rich  as  are 
any  wrong,  to  be  reconciled  to  thofe  with  whom  he  hath  preient. 
been  ar  variance,  and  fully  to   forgive,  as  he  expects  for- 
givenefs.     He  may  alio  improve  the  prefent  occafion,  to 
exhort  thofe  about  the  fick  perfon  to  confider  their  own 
mortality  ;  and  in  health,  fo  to  prepare  for  ncknefs,  death, 
and  judgement,   that  when  Chrift,  who  is  our  life,  fhall 
appear,   they  may  appear  with  him  in  glory.     When  fick 
perfons  define  the  prayers  of  the  congregation,  it  is  like  WJp[,tae  Jj. 
an  intimation  and  fait  to  thefc  who  have  any  moyen  with  pQbiic. 
God  ro  pray  for  them  in  lecret,  and  continue  fo  to  do,  as 
well  as  in  public. 

TITLE      VII. 

Of  Burial  of  the  Dead,  Lyke-zyxk:s9  and  Dirgics. 

§  t.  "OY  the  Directory  for  worfhip,  upon  the  day  of  bu-  The  manner 

-*-*  rial,  the  dead  body  is  to  be  attended  decently,  of  burial. 
fuitable  to  the  rank  of  the  deceafed  party,  to  the  burial- 
place,  and  there  immediately  interred,  without  any  cere- 
mony. :t  is  mod  convenient  that  at  fuch  occafions,  we 
have  meditations  and  conferences  fuited  thereto,  and  that 
the  minifter,  as  upon  ether  occafions,  fo  at  this  time,  if  he 
be  prefent,  may  put  them  in  remembrance  of  their  duty. 

§  .».  By  the  old  book  of  discipline,  in  Mr  Knox's  time,  j^^p^i 
annexed  to  the  old  paraphrafe  of  the  Pfalms,  after  burial,  fennons. 
the  mini  ier,  if  prefent,  and  dedred,  goeth  to  the  church, 
if  it  be  not  far  off,  and  maketh  fome  comfortable  exhorta- 
tion to  the  people,  touching  death  and  the  refurrecYion  ; 
but  by  the  act  of  AiTembly  16.48,  fefT.  13,  24.  art.  22.  all 
funeral  fermons  are  di (charged. 

§  ;.  By  the  a$  of  Aflembiy  1 6.1  g,  fc(V  9.  they  difcharge  No  burial  in 
burials,  and  hanging. of  honours,  broads,  and  arms  of  per-  the  body  of 
fons,  of  whatfoever  quality,   within  the   kirk  where  the  tne  churtil* 
people  meet  for  public  woriVip  *,  for  perhaps  at  fume  times 

the 


1 1'8         Government    of    the       Book  IT, 

the  people  would  be  incommoded  with  open  graves.     Bi- 

fnop  Hall  of  Norwich  was  of  opinion,  that  God's  houfe 

was  not  a  mere  repofitory  for  the  bodies  of  the  great  ell 

faints. 

Lyke-wakes        §  4-  By  tne  acts  of  AfTembly  164.*,  fed  8.     AfTembly 

and  dirgies     1701.  fefT  ult,  all  lyke-wakes  are  difcharged,  as  foftering 

difcharged.     fuperftition  and  profanity  through  the  land.     No  doubt, 

dirgies  have  likewife  had  as  bad  effects ;  and  from  the  fame 

reafon  may  be  alio  underftood  to  be  difcharged. 

TITLE    VIII. 

Of 'Minifterial  Vifitation  of  Families. 

Annual vifita-  §  I.  TT  hath  been  the  laudable  practice  of  this  church, 
tions  of  fami-  A  at  leaf!  o;>ce  a  year,  (if  the  largenefs  of  the  parifh, 

hes,  the  cu-    Qr  ^0(jijy  jnabjjjry,  or  other  fuch  like  do  not  hinder)   for 
church.  minifters  to  vifit  all  the  families  in  their  parifh,  and  oftner, 

if  the  bounds  be  fmali,  and  they  able  to  perform  it.    A- 
mong  other  reafons  for  thefe  annnai  visitations  of  families, 
this  may  be  one,  that  becaufe,  by  the  order  prefcribed  by 
our  Lord,    Matth.  xviii     there  may  be  feveral   offences 
known  to  miniilers,  elders,  or  neighbours,  which  may  juft- 
ly  keep  back  offenders  from  partaking  of  the  Lord's  Sup- 
per ;  and  yet  it  were  diforderly  and  unedifying  to  remove 
thefe  offences  in  a  public  way.  Thefe  vjfitations  may  ferve 
to  purge  a  congregation  of  fuch  private  fcandals. 
The  d^fio-n  of      §'*•  Although  in   regard  of  the  different  circumffances 
the  following  of  fome  parifhes,  families,  and  perfons,  much  of  the  ma- 
overtures,       nagement  of  the  work  muft  be  left  to  the  prudence  and 
difcretion  of  mini/rets,  in  their  refpeclive  overfights;  yet 
thefe  following  directions  are  offered  by  AfTembly  1708, 
April  2  J.   as  helps  for  the  more  uniform  ai.d  fuccefsful 
management  thereof,  that  it  be  not  done  in  a  flight  and  o- 
verly   manner,   which    fuppofeth    the   univerfal    practice 
thereof  through  this  church,  and  that  the  total  neglefrors 
may  be  cenfured  therefor  as  fupinely  negligent. 
Time  of  vifi-       §  3.  Such  a  time  of  year  is  to  be  chofcn  lor  minifterial 
tation,  its  m-  vifitation,   as  the   families  which  he  viiirs  nay  be  belt  at 
timation,  &c.  jejfure  to  meer  wit|1  ^j^j  .  ancj  ;f  t|iat  tjme  fhould  happen 

immediately  after  the  communion,  then  it  is  feafonable,  as 
it  were,  to  beat  the  iron  while  it  is  hot,     Timeo..s  intima- 
tion 


Tit.  8.        Church  of  Scotland;  119 

tion  is  to  be  made  to  them  of  the  vifiration  ;  and  the  elder 
of  that  bounds  of  the  pariih  which  is  to  he  vifited,  is  to  ac- 
company the  minilter,  and  they  fhould  previoufly  confer 
together  concerning  the  condition  and  ftate  of  the  perfons 
and  families  of  thofe  bounds. 

§  4  When  they  enter  a  houfe,  they  are  to  exprefs  their  Firft  work  to 
willies  and  defires  for  the  blefling  of  God  upon  it,  and  that  falute  the  fa- 
above  all,  that  their  fouls  may  profper  :  Then  let  them  take  f0^ft^mre 
an  account  of  the  names  of  the  family,  inquire  for  teftimo-  names,  teili- 
nials  from  them  who  are  lately  come  to  the  pariih,  and  monials,  &c. 
mark  them  in  the  roll  for  catechifing,  and  let  them  take 
notice  who  can  read,  and  of  the  age  of  children  capable  to 
becatechifed  ;  then  the  minifter  is  to  fpeak  to  them  all  in 
general,  of  the  neceflity  and  advantage  of  godlinefs,  of  ju- 
stice and  charity  towards  man. 

§  5.  He  is  next,  more  particularly,  to  fpeak  to  fer-  Servants  fpo- 
vants  of  their  duty,  to  ferve  and  fear  God  ;  to  be  dutiful,  ken  to  in  par- 
faithful,  and  obedient  fervants,  and  of  the  promifes  made  tlcu*ar- 
to  fuch,  commending  to  them  the  reading  of  the  lcriptures, 
and  fecret  vvorfhip,  and  love  and  concord  among  them- 
felves,  and  in  particular,  a  holy  care  of  fan&ifying  the 
Lord's  day, 

§  6.  The  minifter  is  to  fhow  the  children  and  young  Children  to 
fervants  the  advantage  of  knowing,  feeking,  and  loving  be  *Poken  to* 
God,  and  remembering  their  Creator  and  Redeemer  in  the 
days  of  their  youth,  and  to  mind  them  how  they  are  de- 
dicated to  God  in  baptifm ;  and  when  of  age,  and  after 
due  inftruc"tion  in  the  nature  of  the  covenant  of  grace,  to 
excite  them  to  engage  themfelves  perfonally  to  the  Lord, 
and  to  defign  and  prepare  for  the  firfr.  opportunity  they 
can  have  of  partaking  of  the  Lord's  Supper,  to  be  efpeci- 
aily  careful  how  they  at  firft  communicate. 

§  7.  Then  he  is  to  fpeak  privately  to  the  heads  of  the  Heads  of  fa- 
family  about  their  perfonal  duties  towards  God,  and  the  milies  fpdken 
care  of  their  own  fouls ;  and  their  obligation  to  promote  to' 
religion  and  the  worfhip  of  God  in  their  family,  and  to 
reftrain  and  get  vice  punifhed,  and  piety  encouraged,  and 
to  be  careful  that  they,  and  all  in  their  houfe  ferve  the 
Lord,  and  fanctify  his  day.     He  is  more  particularly  to 
inquire,  1.  Whether  God  be  worshiped  in  the  family,  by 
prayers,  praifes,  and  reading  of  the  fcripture  ?  2.  Concern- 
ing the  behaviour  of  fervants  cowards  God  and  towards 

roan, 


120  Government    of    the        Book  IL 

man,  if  they  attend  family  and  public  worfhip  ?  How  they 
fan&ify  the  Lord's. day  ?  And  if  they  be  given  to  fecret 
prayer  and  reading  the  fcriptures  ?  ^.  J f  there  be  catechif- 
ing  in  the  family  r  If  their  children  be  trained  up  in  reading, 
according  to  the  a&  of  Afiembly,  Aug.   10.    1648.  in  all 
which  the  minifter  may  intermix  fuitable  directions,  encou- 
ragements, and  admonitions  as  may  be  moft  edifying. 
General  que-      §  ^.  The  minifter  is  to  inquire  who  want  bibles;  and  if 
(lions  and  ex-  they  be  not  able  to  buy  them,  let  the  poors  box  be  at  the 
hortations.     expences  :    and   recommend  to  the  heads  of  the  family  to 
get  the  ConfefTion  of  Faith,  Catechifms,  and  other  good 
books,  for  inftructing  in  life  and  faith,  according  to  their 
ability,  ido.  Thole  who  are  tainted  with  error  or  vice  are  to 
be  admonifhed  fecretly,  or  in  the  family,  as  may  moft  edify : 
and  all  are  to  be  exhorted  to  carry  toward  fuch  as  walk 
orderly  according  to  the  rule,  Matth.  xviii.  1  5.     %tio.  The 
minifter  is  to  endeavour  to  remove  divifions  in  the  family, 
or  with  their  neighbours,  and  exhort  them  to  follow  peace 
with  all  men,  as  far  as  is  poffible.    4*0.  Let  it  be  inquired 
who  have  communicated,  that  they  may  be  called  to  an  ac- 
count privatel}'  how  they  have  profited,  and  put  in  mind 
to  pay  their  vows  to  the  Lord.     Confer  alfo  with  others  a- 
bout  the  caufes  of  their  not  communicating. 
How  to  vifit        §  9-  As  f°r  thofe  who  pretend  confeience  for  not  keeping 
fuch  as  keep   communion  with  us,  or  whatever  their  motives  be,  mini- 
not  commu-   fters  ought  to  deal  with  God  for  them,  and  with  them  (elves, 
■iuon  with  us.  jfi  fac^  a  way  as  may  ke  mo^  pr0per  t0  gajn  them,  and  ex- 
oner  their  confeiences,  waiting  if  peradventure  God  will 
prevail  with  him,     Who  can  tell  if  their  making  them  fen- 
fible  of  their  tender  love  and  affection  to  their  perfons,  efpe- 
cially  to  their  fouls,  giving  them  all  due  refpeel,  and  doing 
them  all  the  good  they  can,  yetftill  difcountenancing  their 
(in,,  may  in  the  end  bebleff  d  of  God  for  their  good,  Jud. 
v.  22.  23.  2  Tim.  ii.  24,  25, 
Vifitatioa  a        §  ia  Seeing  in  the  whole  of  this  work,  there  is  great 
difficult  need  of  much  prudence,  7eal  for  God,  and  love  to  fouls, 

work.  vifitation  of  families  fhould  be  carried  on  with  dependence 

on  Gcd,  and  fervent  prayer  to  him,  both  before  the  mini- 
fter Pet  forth  to  fuch  a  work,  and  with  the  vifited,  as  there 
can  be  accefs  to,  and  opportunity  for  it. 


TITLE 


Tit. 9.      Church    of    Scotland,  121 


TITLE    IX. 

Of  Sand 'i  petition  of  the  Lords  Day  ;  and  obferving 
Faji  and  'Tbankfgiving  Day. 

§  1.  HPHE  Sabbath  is  to  be  fanctifled  by  an  holy  reding  ftwtte&fo- 

-*-     ail  that  day,  even  from  fuch  worldly  employ-  J?arIl.IS  ;°  bc? 

1  1      r  1  1       "a  a  fandifiea. 

ments  and  recreations  as  are  Jawiul  on  other  days,  and 

(pending  the  whole  time  in  the  public  and  private  exercifes 
of  God's  vvorfhip.  except  fo  much  as  is  to  be  taken  up  in 
the  works  of  neccflity  and  mercy,  as  our  Shorter  Catechifrn 
bearcth,  authorized  by  Aflembly,  Aug.  .8.  ."648;  from 
which  we  may  gather  what  the  church  underflands  by 
fanctifying  or  profaning  of  the  Lord's  day,  and  fo  will  ei- 
ther approve  or  cenfure 

§     .  By  the  act  of  AilemlVy  1  647,  concerning  family-  How  to  be 
worfhip,  direct   a,  the  mafter  of  the  family  ought  to  take  fanftilied  to 
care,  that  all  within  his  charge  repair  to  the  public  worfhip,  Priyate  fami* 
which  being  finifhed,   he  is  to  fee  the  reft  of  that  day  fpent 
in  the  private  and  fecret  exercifes  of  piety      Care  is  alfb  to 
be  taken  that  the  diet  on  that  day  be  fo  ordered,  that  nei- 
ther fervants  be  unnecefiarily  detained  from  the  public  wor- 
fhip of  God,  nor  any  other  perfons  hindered  from  fancti- 
fying  that  day.    Private  preparation  is  likewife  to  be  made 
for  the  Sabbath,  by  prayer    and  fuch  holy  exercifes.   as 
may  difpofe  to  a  more  comfortable  communion  with  God 
in  his  public  ordinances.     See  the  Directory. 


nes. 


§  3,  When  fome  great  and  notable  judgements  are  ei-  Times  f6t 
ther  inflicted  or  imminent,  or  by  fome  extraordinary  pro-  *a  n&,  J 
vocation  notonouily  delcrved  ;  as  alto,  when  iome  ipecial  ved. 
bleffing  is  to  be  fought  or  obtained  ;  when  great  duties  are 
called  for,  or  when  (ins  are  extraordinary  for  their  num- 
ber or  nauire,  then  it  is  that  a  church  may  injoin  faffing  : 
which  is  obferved  by  a  total  abfiinence,  not  only  from  all 
food,  (unlefs  bodilv  weakne/s  do  manifefily  dikude  from 
holding  out  till  the  fait  be  ended,  in  which  cafe  fomewhat 
may  be  taken,  yet  very  fparingly,  to  fhpport  narure  when 
ready  to  faint),  but  alio  from  all  worldly  labour,  difcour- 
fes  and  thoughts,  and  from  all  bodily  delights  though  at 
other  times  lawful,  rich  apparel,  ornaments,  and  fuch  like, 

R  during 


122  Government  of  the         Book II. 

during  the  faft  ;  and  much  more  from  whatever  is  in  its 
nature  or  ufe  fcandalous  or  offenfive,  as  gadifh  attire,  la- 
fcivious  habits  and  geftures,  and  other  vanities  of  either 
fex :  which  the  compofers  of  the  Directory  recommend 
to  ail  minifters  in  their  places  diligently  and  zealoufly  to 
reprove,  as  at  other  times,  Co  efpecially  at  a  faft. 
Intimation  cf  §  4-  The  Sabbath  before  the  faft,  the  caufes  thereof 
the  fall.  Ma- are  publicly  read  from  the  pulpit,  and  the  day  of  the 
terialsforpu-  vveefc  intimated  upon  which  it  is  to  be  kept.  The  people 
lcprayei.  are  t'nen  to  be  earneftly  exhorted  to  prepare  themfelves 
for  afTIicYmg  their  fouls  upon  that  day  of  extraordinary 
humiliation.  So  large  a  portion  of  that  day,  as  convenient- 
ly may  be,  is  to  be  (pent  in  public  reading,  and  preaching 
of  the  word,  with  finging  of  pfalms,  fit  to  quicken  affec- 
tions fuitable  to  fuch  a  duty,  but  efpecially  in  prayer,  to 
this  or  the  like  effect ;  giving  glory  to  the  great  majefty  of 
God,  the  Creator,  Preserver,  and  Supreme  Ruler  of  all 
the  world,  acknowledging  his  manifold  great  and  tender 
mercies,  efpecially  to  the  church  and  nation,  humbly  con- 
f effing  fins  of  all  forts,  with  their  feveral  aggravations, 
juftifying  God's  righteous  judgements,  as  being  far  lefs 
than  our  fins  do  deferve,  yet  humbly  and  earneftly  im- 
ploring his  mercy  and  grace  for  ourfelves,  the  church  and 
nation,  the  Queen,  and  all  in  authority,  and  for  all  others 
fcr  whom  we  are  bound  to  pray,  (according  as  the  prefent 
exigency  recjuireth)  with  more  fpecial  importunity  and  en- 
largement than  at  other  times  ;  applying  by  faith  the  pro- 
miles  and  goodnefs  of  God  for  pardon,  help,  and  deliver- 
ance from  the  evils  felt,  feared,  or  deferved  ;  and  for 
obtaining  the  bleffings  which  we  need  and  expect,  toge- 
ther with  a  giving  up  of  ourfelves  wholly,  and  for  ever 
unto  the  Lord. 
ral  fafts  §  5*  Sefides  folemn  and  general  falls  appointed  by  the 
general  and  Aftemblies  or  their  Commiffions,  or  by  civil  authority, 
particular,  upon  application  from  fome  church  judicature  unto  them, 
provincial  fynods,  prefbyteries,  and  kirk-feflions,  may  ap- 
point faft  days  to  be  kept  within  their  rcfpe&ive  bounds, 
as  Divine  Providence  fhall  adminifter  unto  them  fpecial 
occafions.  Likewife  families  and  particular  pcrfons  may 
do  the  fame,  providing  their  fafts  be  not  on  thofe  days  on 
which  the  congregation  is  to  meet  for  public  worfhip. 

§  0.  Our 


Tit.  o.         Church    of    Scotland, 


123 


§   6.  Our  fading  days  mud  be  indicted  for  fuch  caufes  \VJie"  *lie 
as  are   both  clear   and  iuft,  and  when  it  will    be  moft  for  u„  mna  M„ 

#  J  ^  LIC       IIIU.  :      C_J.ll- 

edification  ;  for  that,  as  other  pofltive  duties,  doth  not  al-  tioas  in  ap- 
ways  bind  :  therefore  the  church  is  to  take  heed  of  ap-  pointing  falls, 
pointing  falls  through  infinuations  or  felicitations  from 
ftatefmen,  left  they  be  branded  as  tools,  to  fome  who 
would  fall  for  flrife  and  debate,  that  others  who  differ 
from  them  about  flate-matters  may  be  expofed  to  the  odi- 
um of  the  people,  as  ill  country-men. 

§  7.  The  caufes  of  the  fail  enumerate  in  the  aft  of  Caufes  of  a 
Ailembly  i6go,  November  12.  were  thefe  and  the  like,  fait  in  this  na- 
1.  Perjury;  dealing  treacheroully  with  the  Lord,  and  be-  tlonal CiiUrCil* 
ing  unttedfaft  in  his  covenant.  2.  Unfruitiulncfs  under 
the  purity  of  doctrine,  worfnip  and  government,  having  a 
form  of  godlinefs,  but  denying  the  power  thereof.  3. 
Abnfe  of  God's  great  goodnefs  and  deliverance,  eviden- 
ced by  a  courfe  of  manifeft.  wickednefs,  and  fhame- 
ful  debauchery,  fuch  as  drunkennefs,  curfing,  fwearing, 
adultery,  and  uncleannefs  of  all  forts.  4.  The  fir* 
premacy,  which  was  advanced  in  Rich- a  way,  and  to  fuch 
a  height,  as  never  any  Chriltian  church  acknowledged, 
and  whereby  the  intereft  of  our  Lord  Jefus  Chrift  was  en- 
tirely facrificed  to  the  lawlefs  lulls  and  wills  of  men. 
5.  Abjured  Prelacy  was  introduced,  and  the  government 
of  the  church  was  overturned,  without  the  church's  con- 
fent,  and  contrary  to  the  Handing  acts  of  our  national  AC- 
femblies.  6.  Compliance  with  that  defection,  both  in  mi- 
nifters  and  others,  fome  from  a  principle  of  pride  and  co- 
vetoufnefs,  or  man-pleafing,  and  others  through  infirmity 
and  weaknefs,  or  fear  of  man,  and  want  of  courage  and 
zeal  for  God.  7.  Perfecution  of  the  godly  for  non-com- 
pliance with  that  finful  courfe  :  many  faithful  miniiiers 
were  cad  out,  and  many  inefficient  and  fcandalous  men 
thru  ft  in  on  their  charges,  and  many  families  ruined  becaufe 
they  would  not  own  them  as  their  paftors.  8.  Decay  of 
piety  under  the  late  Prelacy,  fo  that  it  was  enough  to 
make  a  man  be  nick-nam'd  a  Phanatic,  if  he  did  not  rim 
to  the  fime  excefs  of  riot  with  others.  9.  Atheifin,  which 
discovered  itfeif  in  fome  by  their  dreadful  boldnefs  againft 
God,  in  difputing  his  being,  and  providence,  the  divine 
authority  of  the  Icriptures,  the  life  to  come,  and  immor-  * 

tality  of  the  foui  •,  yea,  and  fcoffed  at  thofe  things,      jo. 
Impofing  and  taking  unlawful  oaths  and  bonds  :  lawful 

oaths 


124  Government    of    the      Book  II. 

oaths  have  been  broken,  ungodly  and  confcience-polluting 
oaths  have  been  impofed  and  taken,  whereby  the  confci- 
ences  of  many  through  the  land  are  become  fo  debauched, 
that  they  fcruple  at  no  oath,  though  many  have  been  op- 
prefTed  and  ruined  for  refufir.g  them.  i  i.  Neglect  of  the 
worfhip  of  God.  both  in  public,  in  private  families,  and 
in  fecret,  i  ?.  Profanation  of  the  Lord's  day,  fucceeded 
in  place  of  that  wonted  care  of  Uriel:  and  religious  fancli- 
fyingofit,  i  3.  The  fhedding  of  innocent  blood.  14. 
Pride  and  vanity,  yea,  Sodom's  fins  have  abounded  among 
us.  idienefs,  fulnefs  of  bread,  vanity  of  apparel,  and 
fnamefui  fenfuality  filled  the  land.  15.  As  aifb,  great 
perverting  of  juftice,  by  making  and  executing  unrighte- 
ous ftatiues.  16.  Silence  of  miniflers  in  the  time  of  fuch 
a  great  defection,  as  well  as  too  general  a  fainting  among 
profeilors :  and  as  fome  ihewed  no  zeal  in  giving  feafon- 
able  and  necellary  teltimony  againfr.  the  defections  and  e- 
vils  of  the  time,  nor  keeped  a  due  ditlance  from  them  ; 
io    on  the  other  hand,   fome  mannered  their  zeal  with  too 

o 

little  dikretion  and  meeknefs.  .7.  The  abominable  ido- 
latry of  the  Mafs  was  fet  up  in  many  places,  and  Po;  iili 
rehoo's  erected,  vvherebv  fhameful  advances  were  made 
towards  Popery.  18  Great  ignorance  of  the  way  of  fal- 
vation  through  the  Lord  Jefus  ChriiL  Though  we  pro- 
f c f s  to  acknowledge  there  can  be  no  pardon  of  (ins,  no 
peace  and  reconciliation  with  Gcd  but  by  his  blood,  yet 
few  know  him,  or  fee  the  necedky  and  excellency  of  him, 
and  few  dleem,  deflre,  or  receive  him  as  he  is  offered  in 
the  gofpei  :  and  as  few  are  acquainted  with  faith  in  him, 
and  living  by  faith  on  him,  fo  itv/  walk  as  becometh  the 
go'pel,  and  imitate  our  holy  Lord  in  humility,  meeknefs, 
ielf-  denial,  heavenly  mindednefs,  zeal  for  God,  and  cha- 
rity towards  men.  19.  Great  contempt  of  the  gofpei, 
barrennefs  under  it,  and  a  deep  fecurity  under  our  (in  and 
danger  'O  Though  the  Lord,  by  calling  us  into  the 
furnace  of  afihclion,  hath  been  giving  us  a  fight  of  the  va- 
nity oi:'  ail  things  befide  hin.fclf,  yet,  to  this  day,  there 
)■:  a  woeful  fclfilhnefs  among  us,  every  one  feeking  his 
own  things,  fewer  none  the  things  of  jefus  Cbrift,  the 
public  good,  or  one  another's  welfare.  .  i.A  bitter  fpirit 
of  ccnforiaufnefs,  whercb/  the  moil  part  are  more  ready 
-;rp  at  the  (ins  and  defections  of  ethers,  than  to  re- 
Dent 


Tit.  9.  Church    of     Scotland.       125 

pent  and  mourn  for  their  own.  Thcfe,  and  the  like, 
were  the  caufes  of  the  fart  in  the  year  1 690,  and  to  them 
the  farts  appointed  fince  do  ordinarily  refer.  See  alio 
how  the  land  exprefled  the  fenfe  it  had  of  the  guilt  of  all 
ranks  in  the  folemn  acknowledgement  of  public  fins,  and 
breaches  of  the  covenant ;  and  a  folemn  engagement  to  all 
the  duties  contained  therein  ;  namely,  fhofe  who  did  in  a 
more  fpecial  way  relate  unto  the  dangers  of  that  time. 
Acl  of  the  com  million  of  Ailembly  October  6.  1648.  for 
renewing  the  folemn  league  and  covenant,  ratified  by  the 
Ailembly  thereafter 

§  8.  Albeit  by  the  treatife  of  farting,  emitted  by  the  Af-  No  faft  t0  ke 
fembly  2::th  December  1565,  the  Sundays  were  appoint- °n  the  Lor(i's 
ed  for  fbme  farts,   as  being  for  the  greater  eafe  of  the  peo-   l  J ' 
pie;  and  fince,  by  the  Iaft  ad)  of  Ailembly  1646,  a  fart 
is  appointed  on  the  Sabbath  next  except  one,  preceding 
the  then  following  General  Ailembly;  yet  feeing  the  work 
to  be  performed  on  the  firft  day  of  the  week  is  by  divine 
inrtirution  already  determined,  we  ought  to   fet  about  it 
exactly,  which  we  all  acknowledge  to  be  a  thankfgiving 
and  not  a  fart.     Extraordinary  duties  are  not  to  interfere 
with  the  ordinary,  nor  is  one  duty  to  fhufRe  out  another. 
If  either  fhould  be  allowed,  it  would  look  fomewhat  like 
the  reverfe  of  redeeming  the  time,  for  thereby  diligence 
is  rather  diminifhed,  than  doubled  in  the  fervice  of  God. 

§  9    Days  of  thankfgiving  being  intimate  on  the  pre-  xhankfgiv- 
ceding  Sabbath,  for  fame    deliverance  obtained,  or  mercy  ing  days  how- 
received,  are  wholly  to  be  fpent  ih  the  public  and  private  obferved. 
exeicifes  of  divine  worfhip  and  praiies :  the  people-are  to 
rejoice  with  trembling,   and  to  beware  of  ail  excefs  in  eat- 
ing or  drinking*     And  demonrtratk  ns  of  civil  mirth,  fuch 
as  ringing  of  bells,  firing  of  guns,  bone  fires,  and  illume 
pacing  of  windows,  fhould  not  be  intermixed  with  the  re- 
ligious duties  of  that  day  :  but  as  upon  fails,  fo  upon  thofe 
days,  there  fhould  be  liberal  collections  for  the  poor,  that 
their  bowels  may  blefs  us,  and  rejoice  the  more  with  us. 
In  the  6th   feclion,  the  church  was  cautioned  againft  ap- 
pointing farts  for  rtrife  and  debate,   fo  I  hope  they  fhall 
be  directed   to  avoid   ir.joining  of  thankfgiving  days  from 
any  falfe  or  unjurt  ends, 


TITLE 


126  Government    of    the     Book II, 

TITLE    X. 

Of 'Col  led  ion  s  and  Recommendations  for  the  Poor. 


When  collec 
lions  for  the 


-  §  '.T3Y  the  act  of  AfTembly  nth  Auguft  1648,    coi- 
■*-*  lections  for   the  poor,  in  time  of  divine  fervice, 
poor  are        (which  is  practifed   in  fome  churches  abroad)  are  difchar- 
ged,  as  being  a  very  great  a;id  unfeemly  disturbance  there- 
.     of.      And  kiik-feffions  are  ordained  to  appoint  fome  other 
way  for  receiving  thefe  collections.     The  method  now  or- 
dinarily taken  is  this :  the  elders  or  deacons  do  collect  at 
the  church-door  from  the  people  as  they  enter  in,  or  elfe 
from  them  when  within  the  church,    immediately  before 
pronouncing  the  blcfTing,  and  after  divine  fervice  is  ended. 
Extraordina-       §  2.  Befide  thefe  ordinary  collections  for  the  poor,  there 
rv  coiledli-     are   frequently  extraordinary  collections  made  for  chari- 
ons*  table  and  pious  ufes;  particularly,  by  feffion  10.  AfTem- 

bly 1 704,  there  is  an  act  for  a  voluntary  contribution,  by 
way  of  fubfcriptjon,  in  each  prefbytery,  for  gathering  from 
noblemen,  gentlemen,  and  other  charitably  difpofed  people, 
for  erecting  Englifh  fchools,  and  educating  youth   in  the 
Highlands  and  lfles. 
Recommend-       §  3.  For  preventing  unneceflary  begging,  or  impofing 
ations  are  for  UpoQ   charitable   people,   no  church-judicature  is  to  give 
a   definite      recommendations   for  charity  to  any  without    their  own 
bounds ;  and  thefe  recommendations  are  to  be  only  for  a 
definite  time.     Aflembly  1695,  fciT!  17. 

TITLE     XT. 

Of  Provifwn  for  Schools  andUniverfities. 

How  falaries  §  i.DY  King  William's  pari.  fe(T.  6.  cap.  26.  it  is  appoint- 
or fchool-  .D  ec|  that  there  be  a  fchoolmafter  and  fchool  in  eve- 
matters  are          par]pn   his  fee  not  under  one  hundred  merks,  nor  above 
two,  to  be  paid  by  the  heritors  and  literenters  or  the  pa- 
rifn,  who  are  to  have  relief  for  the  half  of  it  off  their  te- 
nants ;  and  that  letters  of  horning  be  therefor  directed  at 
the   inftance  of  the  fchool  mailer,  conform  to  the  propor- 
tions due  by  the  heritors,  laid  on   by    the  major  part  of 
them;  (L  fuppofe,    convened  by   public   intimation  from 
the  mirrifter  in  the  pulpit,  by  order  or  advice  of  the  fef- 
fion) 


Tit.  ii.      Church  of    Scotlakd.  127 

fion)  or,  failing  of  whom,  by  any  five  commiflloners  of 
fupply  within  the  fhire,  upon  the  prelbytery's  application 
to  them ;  and  the  heritors  for  the  falary  are  to  be  (tinted 
conform  to  their  valued  rent.  Item,  Provifion  for  fchools 
and  fchool matters  are  declared  to  be  a  pious  ufe,  to 
which  patrons  may  employ  vacant  ftipends,  at  the  fight  of 
the  fheriff  of  the  bounds.  Excepting  from  this  act  the 
ftipends  vacant  in  the  fynod  of  Argyle,  becaufe  of  the 
act,  pari.  William  and  Mary,  feft  2.  cap.  24.  in  their  fa- 
vours. And  by  the  10th  act,  AfTembly  1699,  it  is  re- 
commended to  the  feveral  prefbyteries,  to  ufe  their  en- 
deavours, that  fchools  be  erected  in  every  parifh,  conform 
to  the  acts  of  parliament,  and  acts  of  Affembly,  and  it  is 
recommended  to  fynods  to  fee  this  obferved. 

§  2.  By  theforefaid  26th  act,  and  likewife  by  the  i4thSch°o1"^" 

n      r    \        r  r  rr  c         r  i  ■    •!  nues   privile- 

act  of  the  lame  lemon  or  parliament,  tne  privileges  grant-  ge(^  l 

ed  to  minifters  for  their  ftipends,  viz.  That  there  be  no  fuf- 

penfion,  except  on  confignation,  are  extended  to  univerfities, 

fchools,  and  hofpitals,  for  the  ingathering  of  their  rents  and 

debts.     See  more  of  this  on  the  title  of  mortifications  and 

minifters  ftipends. 

§  3    When  the  Directory  was  eftablifhed,  by  which  pu-xhe  mainte- 

blic  reading  of  the  fcriptures  was  committed  to  the  preach- nance  tor 

ers ;  and  fearing  left  the  maintenance  on  that  pretence  fchool-ma- 

misht  be  withdrawn  from  the  readers,    the  AfTembly  did,iters  andPre" 
-    °    n    ,  .,  „  r       i  centors  to 

Auguit  6.  1049,  require  the  preibytenes,  to  tee  that  nonecontjnue 

of  the  maintenance  given  to  f  uch  readers,  precentors,  and  though  they 

fchoolmafters,  be  taken  from  them,  notwithftanding  that  read  not. 

recommended  alteration  in  the  Directory. 

§  4.  A  tack  or  ieafe  of  teinds,    fet  by  an  univerfity  for  How  far 'uni- 
a  definite  time,  with  an  obiigement  to  renew  the  fame  in^     ties  m*y 
all  time  thereafter,  was  found  not  effectual  after  the  defi-their~teinds. 
nite  time  was  expired  ;  though  the  fame  rent  was  received 
for  fome  years  after,  that  was  not  fuftained  as  an  homolo- 
gation, but  as  a  tacit  relocation.     See  Stair's  Inftit.  p.  $01. 
fo  that  after  the  definite  time  is  expired,  they  might  ia- 
creafe  the  tack- duty. 

§  5.  So  careful  have  our  fovereigns  and  parliaments Extraordfoa- 
been  for  the  flourifhing  of  thefe  feminaries  of  church  andry  fupply  for 
ftate,  that  for  their  provifion  and  bettering  of  their  ftocks,  univerfities 
they  have  fometimes,  upon  the  ofTer  made  by  the  clergy,        i-^ois. 
ordained  forty  pounds,  or  6  per  cent%  out  of  every  thoufand 

inerks 


128  Government    of    the       Book  II. 

merks  of  minifters  rents,  to  be  paid  yearly  for  five  years, 
Car.  11.  par.  / .  fe(T.  3  cap.  2  i.and  at  other  times  vacant  Im- 
pends are  affigned  for  their  better  providon  for  a  time,  Car. 
II.  pari.  2.  fefT  3.  cap.  ?o.  Ja.  VII.  pari.  I.  cap.  18. 
They  have  likewife  impofed  a  cefs  upon  the  kingdom  for 
preierving  of  fome  universities,  Gw\  II.  par  3.  cap,  23. 
Now  the  uni verities,  by  gift  under  the  great  fcal,  do  fhare 
liberally  of  the  bifhops  rents,  and  fome  of  them  have  lu- 
crative and  eafy  tacks  of  certain  bifhopricks,  and  large 
allowances  too,  even  out  of  thefe  tack-duties,  fometimes 
for  faiaries  to  new  profFeffions. 

TITLE     XII. 

Of  the  Immunity  and  Union  of  Churches. 

« 

Local  ptivi-    §  1 .  "D  Y  the  canon  law,  there  are  certain  immunities  or 
leges  within  LJ  privileges  granted  within  church-walls  and  church 

church-walls  yar(js    ca|]ec}  local,   Co  as  that  fecular  judges  within  that 
and  yards       {         \  r  ...  J  .   °      ,     , ..  . 

what,  and      bounds  can  cognolce  upon  no  civil    or  criminal  action  :  al- 

howfarex-    fo,  that  no  incorporations,  councils,  or  fairs,  meet  or  hold 
tended.  there :  that  there  be  no  university  difcourfes  there:  that  fe- 

cular affairs  be  not  the  fubjccT:  of  any  conversion  there : 
moreover,  that  there  be  no  feaftings  there,  and  that  thefe 
bounds  be  fancluaries  to  the  guilty  flying  there  for  refuge, 
and  they  are  not  to  be  pulled  thence  to  punifhment,  nnlefs 
the  attrocity  of  the  crime  be  fuch  as  may  induce  the  church 
to  furrender  them.  This  privilege  is  alfo  extended  to  the 
boufes  and  palaces  of  bifhops.  The  temple  of  Jeiufalem 
was  built  by  Goo's  direction,  it  was  dedicated  by  man,  and 
God's  acceptation  of  it  was  teftificd.  It  appears  by  John 
ii.  19,  that  it  was  an  illuftrious  type  of  Ch rift's  body,  and 
by  the  >  6th  ver.  we  find  that  our  Lord  refentcd  the  profa- 
nation of  that  holy  place.  Yet,  notwithflanding  of  all  that, 
God  doth  fo  abhor  proud  and  malicious  finners,  that  he 
commands  them  to  be  taken  from  his  altar  that  they  may 
die,  Ex.  xxi.  14.  and  Joabwasflain  in  the  tabernacle  of  the 
Lord,  1  Kings  ii.  31.  Btft  that  fpecial  kind  of  refpec"! 
which  was  due  to  that  hallowed  and  typical  temple,  is  not 
communicate,  extended,"  or  confined  to  the  places  of  wor- 
ship under  the  New  Tcftamcm,  John  iv.  2  1. 

§  2.  Like- 


Tit.  i2.         Church  of  Scotland.  129 

§  2.  Likewife  by  the  canon  law,  there  is  another  immu-  perconai  \m_ 
nity  or  privilege,  called  perfonai,  granted  to  the  clergy,  munity,  how 
fuch  as,  that  they  are  excufed  from  accepting  to  be  tu-  far  allowed 
tors  or  curators,  and  that  none  in  facred  orders  fhall  be  li-  t0  mimfters. 
able  to  the  payment  of  public  burdens.  I  acknowledge, 
miniflers  ought  not  to  be  fo  impofedupon  as  to  be  perplexed 
with  fecular  affairs,  and  far  lefs  fhould  they  ever  do  it  of 
choice:  And  albeit  the  vocation  of  a  paftor,  his  commifiion 
and  inftrucYions  relating  thereto,  be  all  of  a  fpiritual  na- 
ture, and  of  divine  original,  yet  their  perfons,  eftates,  and 
behaviour,  confidered  in  a  civil  capacity,  are,  according 
to  fcripture  and  reafon,  fubject  to  the  civil  government. 
Their  perfons  are  accounted  fo  facred  among  our  people, 
and  they  judge  themfelves  fo  fecure  from  that  venerable 
imprefuon,  they  very  well  know,  is  generally  received 
of  their  character,  that  they  rarely  make  ordinary  journies 
with  arms,  as  gentlemen  and  other  travellers  do.  They 
are  by  law  (till  exeemed  from  attending  the  king's  hoft,  ex- 
cept the  nation  become  fo  miferable,  that  neceffity  or  their 
own  fecurity  oblige  them  :  And  even  in  that  extraordinary 
cafe,  they  may,  if  they  pleafe,  only  act  in  the  army  as 
miniflers  or  chaplains.  Since  the  year  1689,  both  poll 
and  hearth  money  have  been  impofed  upon  miniflers  by 
authority  of  parliament. 

§  3.  by  the  canon  law  on  this  title,  two  churches  may  When 
be  made  one,  when  the  maintenance  is  fo  inconfiderable,  churches  anq, 
that  two  paftors  can  have  no  comfortable  living  upon  them,  to^e  united, 
or  when  one  of  them  is  become  defolate  by  the  fword  of 
an  enemy,  or  the  number  of  parifhioners  (mall  or  very 
much  diminifhed.     In  which  cafe  it  would  be  for  the 
greater  good  of  the  church,  if  two  fuch  fmall  charges  were 
reduced  into  one,  providing  the  benefice  of  the  fmall  charge, 
now  united,  be  not  condemned  to  any  fecular  or  other  ufe, 
but  only  applied  to  maintain  a  paftor  in  a  new  erection,  or 
elfe  a  collegue  in  fome  numerous  congregation  ;fortwocom- 
petent  flipends  are  not  to  be  united,  till  there  be  no  need 
for  any  new  erection  or  augmentation  in  the  church. 

£  4.  If  the  heritors  and  elders  of  twro  kirk-fefhons  fhall  Whenprefbjr- 

acree  to  the  uniting  of  fome  parts  or  fkirts  of  one  of  the  pa-  ^riesmav-au- 
■n  1  /    1  1        1         1    r  tnoriie  parti- 

nihes  to  another,  or  to  t  rani  plant  the  church  from  one  part  al  unjon   Gr 

cf  the  lame  parifh  to  another  part  therein,  for  the  peoples  tranfplantati- 

greater  cafe  and  convenience,   in  that  cafe,  the  prefbyte-  onofchurch- 

S  ry, es' 


130         Government    of    the         Book  II. 

ry,  upon  application  of  the  parties  concerned,  may,  for  a- 
ny  of  thefe  ends,  inter pofe  their  authority  to  their  agree- 
ment, providing  they  find  it  may  tend  to  the  greater  eafe 
and  edification  of  the  people  ;  and  providing  there  be  Itill 
two  diftinct  pariihes,  and  the  quantity  and  quality  of  both 
impends  preierved  undiminished  and  unaltered.  What  I 
here  propofe  is  conform  to  the  -,th  art.  cap.  j.  of  the  "!  rench 
church  difapline,  in  thefe  word-:  u  1  he  colloquies  and 
M  fynods  ihall  deliberate  of  limiting  the  extent  of  places 
u  wherein  each  miniiler  toll  exercifc  his  miniftry." 

TITLE    XIII. 

Of  Churches,  '  ]mrch-dihes,  Manfes,  Yards,  Glchcs, 
Bells ,  Utenfils,  Ornaments,  Rooks,  and  High- 
roads to  I  .  . 

What  a         }  *■    (^  ^u  RCHES  2re  public  houfes  erected  for  public  di- 
church  is,  and  ^^   vine  wor/hip,  and  for  hearing  the  preaching  of 

by  whom  to  the  word  of  God;  they  are  to  be  repaired  out  of  the  va- 
rc"?a  '  cant  flipend  ;  for  that  I  8th  aft,  Jam.  Vll. par.  I .  is  neveryet 
in  fb  far  rescinded  :  and  when  the  vacant  ftipends  fail  the 
burden  of  building  and  repairing  the  church  doth  lie  upon 
the  heritor,  whether  refiding  in  the  parilfi  or  not.  The 
majority  of  thefe  that  meet,  mult  (lent  themfelves  for  that 
eSeft,  according  to  their  rents  But  if  the  heritors  refufe, 
being  required  thereto  by  the  minilter  from  the  kirk-fef- 
fion,  the  Lords  of  fell!  on,  by  a  bill  given  in  by  the  minifler, 
will  grant  warrant  to  him  and  his  feiTion  to  convene  at  a 
certain  day,  for  trying  what  (urn  will  repair  the  church,  and 
to  fte'ot  the  heritors  in  that  futn  conform  to  their  valued 
rents,  and  to  appoint  a  collector  to  uplift  the  fame.  But 
before  the  making  up  of  that  (rent-roll,  the  heritors  ought 
again  to  be  publicly  advertifed  to  rfteet,  and  then  to  make 
the  fame.  If,  after  this  order  is  ufed,  they  fail,  the  fef- 
lion then  concludes  the  (tent,  and  letters  will  be  directed  at 
their  ce Hector's  iuilance,  againir.  the  heritors  for  paying  the 
proportions  they  are  dented  in  Stairs  Inftit.  p.  j  9  2.  and 
acl  ult.  par.  3.  Jam.  VT. 

§  >..  Church-yards  are  dormitories  for  human  bodies, 
and  yard/  nn(^  ordinarily  that  fpot  of  ground  within  which  the  church 
dikes".  (lands.     Our  law  allows  to  church -yards  equal  privileges 

with 


Tit.  13.        Church   of    Scotland.         131 

with  churches,  in  manv  things;  particularly,  that  the  raif- 
ing  of  tumults  or  frays  in  time  of  divine  fervice  in  church- 
es, or  church-yards,  is  puniihed  vvirh  lofs  of  moveables, 
act  7.  par.  11.  Jam.  VI.  The  church-yard  is  fenced 
with  dikes,  partly  for  ornament,  and  partly  as  a  preferva- 
tive  to  the  dead  bodies  from  being  digged  up  or  torn 
by  beads.  'I  he  only  right  that  minifters  have  to  the  grafs 
gr  wing  in  the  church -vards,  is,  that  they  may  caufe  their 
fervants  cut  it,  and  hinder  others  fr  -m  doing  fo;  the  he- 
ritors are  obliged  to  repair  the  church-yard  dikes  with 
done  and  mortcr,  two  ells  hk?h,  with  diffident  iiiies  and 
entries;  and  the  Lords  of  feihon  are  obliged  to  direct  let- 
ters of  horning  again!!  them  for  that  enW,  cap.  2^2.  par. 
1;     Jam.   VI. 

§  3.  The  minifter,  at  the  fight  of  the  presbytery,  or  fuch  w^°  arc '  K*' 
of  their  number  as  they  fhall  appoint,   with  two  or  'three    ,SrJLJ|J 
difcreet  men  of  the  panfh.   may  build  or  repair  his  own  manfes. 
rnanfe  upon  the  expences  of  the  heritors  and   liferenrers, 
who  are  reflectively  liable  to  reimburfe  him  of  what  he 
truely  and  profitably  hath  befiowed  that  way,  unlefs  they 
offered  to  contribute  their  own  materials,  and  he  refu fed 
them  :  See  Mackenzie's  obfervations  on  the  48  act,  par.  3. 
Jam.  VI.    Where  there  is  a  competent  manfe  already,  the 
heritors  mud  repair  it  once  diffidently  at  the  minifters  en- 
try, who  is  thereafter  to  uphold  the  lame  daring  his  in- 
cumbency, and  they  out  of  the  vacant  ftipend,  in  time  oi 
the  vacancy,    act  2 1.  par   1,  (elf  3,  Car  II.     As  the  mi- 
nifter is  obliged  to  leave  the  manfe  in  as  good  condition  as 
he  entred  to  it,  Co  before  he  can  be  made  liable  fo  to  do, 
the  heritors  ought  to  move  the   presbytery  to  pais  an  a£fc 
in  their  favours,  to  declare  it  a  free  manfe  ;  but  before  they 
can  pafs  any  fuch  act,  a  committee  of  their  number  mult 
.vifit  it,  after  it  is  built  or  repaired,  and  find,   upon  the  ce- 
pofkions  of  fourdelcreet  workmen,  who  underftand  that 
work,  but  have  not  been  employed  therein,  two  whereof 
to  be  chofen  by  the  heritors,  and  other  two  by  the  mini- 
fter, that  the  building  or  reparation  is  diffidently  finifhed. 
And  if  there  be  any  materials  left,  or  money  remaining  not 
expended,  after  that  is  declared,  the  foperplus  belongs  to 
the  heritors.     If  the  minifter  be  not  able  or  willing  to  ad- 
vance  that  money,  which  has  been  declared  to  be  ncceflary 
for  materials  and    wcrkinan-lhip,  cr  if  heritors  refufe  to 


i.;2  Government    of  the       Bookll. 

meet  and  (lent  themfelves  for  that  effect,  then  what  fhould 
hinder  the  minifter  to  take  the  fame  courfe,  and  obtain  the 
lame  redrefs  that  is  granted  againft  refufers  to  build  or  re- 
pair churches,  as  in  §  j.  8clz. 
How  much         §  4«  It ls  ufual  to  allow  half  an  acre  of  ground  for  manfe 
expence  and  and  yard.     The  manfe  is  not  to  exceed  iooo  pounds,  nor 
ground  for  ^  t0  be  under  500  merks  of  value.     Minifters  hold  their 
and  glebe       tnanfes  and  glebes  of  none  but  the  King.     Glebes  are  to 
confift  of  four  acres  of  arable  ground;  failing  of  which,  fix- 
teen  foums  grafs  of  the  belt  and  moft  commodious  paftu- 
rage  of  any  kirklands  within  the  parifli,  Jam   VI,  par  1 8. 
cap.  7.  ai»d  by  the  1 1  a£f.  par  1.  ic(T.  3.  Car.  II.  minifters 
(excepting  minifters  of  burghs  royal  where  there  is  no  land- 
ward panfh,  and  who  have  no  right  to  glebts)  are  to  have 
grafs  for  one  horfe  and  two  kine,  or  elfe,  that  the  heritors 
pay  to  the  minifter  twenty  pounds  yearly. 
Designation        §  5  Manfes  and  glebes,  where  they  have  not  been  defign- 
of  ground  for  ed,  or  not  the  full  quantity,  are  nowdefigned  by  the  pref- 
manfes  and    kYrerv>  or  their  committee,  with  two  or  three  difcreet  men 
of  the  parifli.     The  minifter,  or  a  procurator  in  his  name, 
receives  infeaftment  therein  from  the    moderator,  upon 
which  he  takes  inftruments  in  the  hands  of  a  notary,  or 
of  the  clerk  of  the  presbytery.     And  upon  a  petition  gi- 
ven in  by  the  minifter  to  the  Lords  of  feiTion,  with  the  acl:  of 
defignation  and  inftrument,  they  will  interpofe  their  autho- 
rity for  removing  the  heritors  and  pofletfors  of  the  lands 
defigned,  in  terms  of  the  48.  aft,  par.  3.  Jam.  VI.  by  grant- 
ing letters  of  horning,  to  charge  them  to  remove  within  ten 
days.     And  glebes  are  defigned  with  freedom  of  foggage, 
feuel,  feal,  divot,  loaning,  free  ifh  and  entry,  and  other 
privileges,  according  to  ufe  and  wont.     Jam.  VI.  par.  1 3. 
cap  1 6 1. 
How  the  he-       §  6.  The  proprietors  of  the  lands  defigned  muft  get  re- 
Tlt(?°fj^    IfeF  pro  rata,  off  the  reft  of  the  heritors  of  kirk- lands, 
an  ign-  w;,;1;n  t|ie  parjfh    if  the  defionation  was  out  of  kirk-lands, 

ed  obtains  re-  I  .  o 

lief.  and  they  nor  being  the  glebes  and  mantes  or  old  pertain- 

ing to  per  Ions  or  vicars ;  for  there  is  no  relief  competent 
to  the  feuers  or  tackftnen  of  iuch  lands,  except  only  a- 
gainit  fuch  as  have  feus  of  other  parts  of  the  laid  old  glebe 
or  manfe,  acl:  199.  par.  18.  Jam.  VI.  When  the  defignation 
is  out  of  temporal  lands,  the  reft  of  the  heritots  of  the  like 
lauds  are  to  contribute  proportionally  for  relief  thereof. 

§7.  It 


Tit.  13.        Church    of    Scotland,        133 

§  7.  It  would  look  more  impartial  like,  and  refemble  Seats  corn- 
more  that  humility,   love,  and  fimplicity  recommended  to  mon  andpar- 
Chriftians  by  the  apoftleQam.  ii.  I.)  and  would  look  liker  f^^^Zd 
the  fubjecls  of  Chrift's  kingdom,  which  is  not  of  this  world,  how  burden- 
if  church  members  would  take  their  feats  in  the  church  cd. 
without  refpecr.  of  their  civil  character,  as  they  do  at  the 
Lord's  table.    Some  feats  are  built  and  repaired  at  the  ge- 
neral charge  of  the  parifh,  in  which  all  have  a  common  in- 
tercft ;  and  there  are  others,  which  particular  heritors  have 
built  for  their  own  life,  with  confent  of  the  kirk-feiTion,  or 
which  they  have  prefcribed  a  right   unto  by  forty  years 
poileifion.     In  feveral  burghs  royal  within  this  kingdom, 
the  difpofal  of  all  the  church  feats,  at  lead  upon  the  bounds 
at  firft  allotted  to  them  for  their  inhabitants  by  the  kirk-fef- 
(ion,  is  thereafter  ordered   and  parceled  out  by  the  town 
council,  and  burdened  with  certain  yearly  funis  for  a  mi- 
nifler's  ftipend,  and  where  the  feats  are  difpofed   upon  to 
burgelles  without  that  burden  •,  and  it  be  found  that  with- 
out it  there  cannot  be  a  competent  ftipend  to  the  minifters. 
The  difpofitions  and  rights  fo  made,  may,  no  doubt,  be 
reduced  on  that  head  ;  for  it  was  never  the  intention  of 
the  kirk-feffion,  who  gave  thefe  rights,  to  authorife  an  ab- 
folute  alienation  of  feats,  to  the  obftrucYmg  and  preventing 
funds,  for  maintaining  the  public  preaching  of  God's  word, 

§  8.  The  keys  of  feats  are  to  be  kept  by  beddals,  that  Bec[dais 
when  the  proprietors  are  abfent,  fuch  as  want  feats,  or  fliould  keep 
throng  the  feats  of  others,  may  be  accommodated  for  the  the  ke} s  ot 
time ;  but  in  cafe  the  owners  be  fo  little  concerned  with     .  s> 
religion,  as  not  to  countenance  the  public  worfhip  of  God, 
or  averfe  to  ferve  fuch  as  attend  upon  it  with  their  empty 
feats,  the  people  that  want  accommodation  cannot  be  bla- 
med to  poflefs  and  occupy  that  void  in  their  abfence ; 
and  if  the  owners,  or  others  by  their  order,  fliall  offer  to 
difpoflefs  them  violently,  efpecially  in  time  of  divine  fer- 
vice,  they  ihould  be   profecuted   as  diftnrbers   of  public 
worihip,  both  before  the  civil  magiilrate  and   church  ju- 
dicatures. 

§  9.  The  heritors  are  bound  to  pay  for,  and  are  fcated  who  are  tj,e 
in   the  property  of  the  bells,  books,  utenfls,  and  oma-pr0pr;etorsof 
rnents  of  the  church  ;  but  the  minifter  and  kirk-feflion,  to  bells,  books, 
whofe  cuflody  they  are  committed,  may  purfue  for  any  &c- 
of  them  that  are  abftr  acted.     A  charge  for  a  (lent  impo- 

fed 


Kirk- roads. 


1 34 


Government    of    the      Book  II. 


fed  for  buying  of  bells  to  a  church  within  a  burgh  royal, 
hath  been  fuftained  againft  the  landward  heritors,  albeit 
the  burgelTes  and  indwellers  would  have  more  advantage 
by  them.  See  the  new  treatife  on  church  lands,  p  212. 
§  10.  Every  one  muft  have  fome  way  to  the  church, 
but  cannot  pretend  to  any  fbecial  way,  as  the  neareft, 
through  another  man's  land,  without  proving  immemorial 
poficfTion,  which  is  reckoned  fony.  years,  offuchagte 
or  paftage  ;  and  to  make  up  this  immemorial  pofleffion, 
a  perfon  will  be  allowed  to  conjoin  his  predeceftbrs  pr  ffcf- 
fion  of  that  road  with  his  own.  See  the  forecited  book, 
p.  212. 


What  is 
meant  by  ftl- 
pend,  bene- 
fice, and  the 
church's  pa- 
trimony. 


TITLE    XIV. 

Of  Tithes,  Stipends,  and  Mortifications. 

§  I.  ^I^HE  maintenance  belonging  to  minifters  for 
■**  their  labours  we  call  ftipends;  but  more  com- 
monly, and  by  the  canon  law,  they  are  named  benefices, 
Calvin,  in  his  Lexicon  Juridicum,  tells  us,  that  the  re- 
wards and  privileges  given  and  granted  of  old  to  foldicrs 
for  their  fervicc,  were  called  benefices  and  ftipends.  The 
canonifts  define  a  flipend  or  benefice  thus :  "  Eft  jus  pcr- 
u  petuum  percipiendi  fruaus  ex  bonis  ecclefiafticis,  prop- 
"  ter  aliquod  officium  fpirituale,  auctoritate  ecclefe  con- 
"  ftitutum."  Whatever  belongs  to  church-men  is  like- 
wife  called  the  patrimony  of  the  church,  the  word  figni- 
fying  an  inheritance  left  by  a  father;  becaufe,  when  le- 
gillarors  or  private  perfons  do  authorife  or  deftinate  fuita- 
ble  encouragement'  for  the  comfortable  life  of  church- 
guides  and  paftors,  they  do,  in  fo  fir,  act  the  part  of  nur-' 
fing  fathers  unto  the  church.  In  the  9th  chapter  of  the 
Policy  of  the  Kirk,  they  comprehend,  under  the  churches 
patrimony,  all  things  given,  or  to  be  given  to  the  kirk, 
and  fervice  of  God,  as  lands,  buildings,  poftefiions,  annu- 
alrents,  and  all  fuch  like  wherewiih  the  kirk  is  doted,  ei- 
ther by  donations,  mortifications,  or  any  other  lawful 
titles,  together  with  the  continual  oblations  of  the  faith- 
ful ;  as  aifo  teinds,  manfes,  glebes,  and  fuch  like  ;  which, 
by  the  common  and  municipal  laws,  and  univerfal  cuftoms, 
are  poflefied  by  the  kirk.  And  to  take  any  of  this  patri- 
mony, 


how  much  is 
competent. 


Tit.  14.         Church  of    Scotland.         135 

mony,  and  convert  it  to  the  particular  and  private  nfe  of 
any  perfon,  is  reputed  a  deteftable  facrilege  before  God 
by  our  church. 

§  ?.  The  work  of  the  miniftry  is  a  warfare,  and  it  is  That  ftipends 
not  ordinary  for  foluiers  to  maintain  themfelves  without  £re  due,  £nd 
pay,  1  Cor.  ix.  7.  and  the  light  of  nature  teacheth,  that 
the  labourer  is  worthy  of  his  hire.  By  the  4  2d  article  of 
cap.  1.  French  church-difcipline,  it  is  found,  that  mini- 
fters who  are  rich,  and  have  of  their  own,  fhouid,  never- 
thdels,  take  wages  of  their  flocks,  left  their  example  do 
prejudice  to  other  paftors  and  churches.  And  Mackenzie 
and  Stain;  in  their  Inffitutions,  do  maintain,  that  fbme 
parr  of  our  goods  is  due,  by  divine  right,  towards  the 
maintenance  of  the  clergy  ;  but  that  the  proportion  may 
be  determined  by  human  laws,  according  to  circumftances. 
By  the  i<,th  a<5t  of  parliament  1O33,  all  minifters  are  ap- 
pointed to  be  provided  with  fufficient  ftipends,  being  eight 
chalders  of  victual,  or  eight  hundred  merks  at  leaft,  be- 
fide  manfe  and  glebe,  except  in  lingular  cafes  referred  to 
the  commiiTion  for  plantation  of  kirks.  In  feme  places  of 
Scotland,  miniftcrs  may  maintain  their  families  fcr  lefs 
than  the  half,  which  muff  be  allowed  to  maintain  the  fame 
families  in  other  parts  of  the  kingdom.  Seeing  minifters 
do  deny  themfelves  to  the  gain  of  civil  employments, 
whereby  they  might  have  a  more  unlimited  profpecl:,  not 
only  of  maintaining  their  families,  but  of  purchafing  flocks 
for  rheir  pofterity,  therefore  the  Dutch  cuftom  is  not  un- 
reafonable,  which  alloweth  to  minifters  fo  much  for  every 
fon,  in  order  to  his  better  education  and  breeding. 

§  3.  The  canon  law   defines   tithes  thus:  "  Eft  quota  Tithes  the 
4i  honorum  mobiiium,  licite  quselitcrum,  pro  facerdotibus  ^an^or  fti" 
"  Dei,  ipfius  locum  in  terris  lenentibus,  tarn  divina  quam  Pen  s' 
*'  humana  conftitutione  debita."     Minifters  ftipends,  and 
augmentations  thereof,  are  legal  burdens,  and  the  main  one 
to  which  tcinds  are  liable;  againft  which  no  title  or  right 
whatfoever  can  fecure  :  and  the  truth  is,  till  o;;ce  the  pa- 
rifh  minifter  is  fufficiently  provided,  no  perfon  can  fafely 
buy  his  own  teinds ;  for  they  are  always  fubject.  to  be  e- 
vicfed  for  that  end,  by  the  common  law  and  our  cuftom, 
even  after  the  heritor  has  bought  him.     See  that  new  trea- 
tife  on  tithes,  p.  3  4.0.     By  William  and  Mary's  pari,  fell 

4- 


i$6        Government    of    the        Book II. 

4.  cap.  24.  it  is  appointed,  that  teinds  belonging  to  their 
Some  tithes  Majeftics,  by  the  abolifhing  of  Prelacy,  fo  long  as  they  re- 
cannot  be  main  undifponed,  as  likewife  teinds  belonging  to  colleges 
fold, but  only  and  hofpitals,  or  deftined  to  pious  ufes,  are  not  to  be  fold, 
valued.  ^m  r>jay  oniv  De  valued,  and  made  liable  thereafter  for 

payment  of  the  valued  duties. 
Plantation  of      §4.  Former  parliaments  referred  to  their  commiffions 
kirks  remit-    the  plantation  of  kirks  and  valuation  of  teinds ;  but  now, 
ted  to  the     tne  jaft  feflficn  0f  tne  \a({  parliament,  have,  in  place  of  all 
Lords  ol  be  i-  r      ,  -rr         c      r    \  •  j        j 

fion.  further  commiilions  for  luch  matters,  impowerea  and   ap- 

pointed the  Lords  of  feffion  to  judge  in  all  affairs  and  cau- 
fes,  which  by  former  laws  did  pertain  to  the  cognizance 
and  jurifdi&ion  of  commiffions  of  parliament :  only  they 
are  reflricted  from  tranfporting  of  a  kirk  without  cenfent 
of  mod  of  the  heritors  of  the  parifh.  Every  Wednefday 
afternoon  in  time  of  feffion,  the  Lords  meet  to  call  and  dif- 
cufs  fuch  caufes. 
How  long  §  5.  By  the  4th  aft,  pari.  22.  Jam.  VI.  bifhops  are  dif- 

church-men  charged  to  fet  in  tack  longer  than  nineteen  years,  and  in- 
mayiettac  -s.  ferjor  DCnef]cec[  perfons  for  longer  fpace  than  their  own 
lifetime,  and  five  years  thereafter  (except  the  commiffion 
authorife  it)  under  the  pain  of  deprivation;  and  further, 
the  contraveners  declared  infamous,  and  incapable  of  any 
church  office.  Longer  tacks  were  ordained  to  be  regiffrate 
within  forty  days,  in  a  particular  book  to  be  kept  by  the 
clcrk-regifter  for  that  effect,  otherwife  to  be  null.  And 
where  it  is  laid,  that  the  inferior  clergy  can  fet  tacks  to 
run  five  years  after  their  deceafe,  that  is  always  to  be  un- 
derliood  with  con  Tent  of  the  patron,  obtained  either  before 
or  after  the  fettmg  of  the  tacks:  for  without  that  they  can 
fet  but  three  years  tacks,  act  15.  par.  23.  Jam.  VI.  and 
that  the  ecclcfiaftical  rents  may  fuffice  to  their  ufes,  all  ali- 
enations, fetting  of  feus,  or  tacks  of  the  rents  of  the  kirk, 
as  well  lands  as  teinds,  in  hurt  and  diminution  of  the  old 
rentals,  ought  to  be  reduced  and  annulled.  And  likewife, 
that  in  all  times  coming,  the  teinds  be  fet  to  none  but  to 
the  labourers  of  the  ground,  or  elle  not  fet  at  all.  See 
cap.  j  2.  of  the  Pohcy  of  the  Kirk. 
The  term  of  §  6.  The  legal  terms  of  paying  or  vaiking  of  benefices 
payment  and  anc]  {Spends  are  Whitfunday,  at  which  time  the  fruits  are 

VcmUg°f  lki"  held  t0  be  fully  f°Wn'  and  Michaclma(s>    when  they  arc 
pen  S*  prefumedto  be  fully  feparated.  If  the  incumbent's  entry 

be 


Tit.  14.       Church    of     Scotland.  137 

be  after  Michaelmas,  and  before  "Whitfunday,  he  hath  that 
whole  year  ;  if  after  Whitfunday,  the  half  of  that  year :  or 
if  he  die,  be  depofed,  or  tranfporred  before  Whitfunday, 
he  hath  no  part  of  that  year ;  if  afrer  Whitfunday,  and  be- 
fore Michaelmas,  he  hath  the  half  of  that  year. 

§  7.  Although   a  benefice  be  yaik  when  a    minifler  is  Beneficesvaik 
depofed,  vet  till  the  fame  be  intin  ate,  the  parifhioners  may  "Pon  1.ntima- 

r     1     •    A-         1     •  1  •  1    1  •     j-/  1  Mi     i       turn  of:  the 

pay  their  (upends  in  to  him,  and  his  diicharges  will  de-  fentences. 
fend  them.     But  after  intimation  is  made,  no  payment 
will  be  fuftained.     See  Stair's  Inft.  p.  15?. 

§  8.  The  annat  clue  to  the  executors  of  deceafed  mini-  Annat-,  what 
fters,  is  declared  to  be  half  a  year's  rent,  over  what  is  due  lt:  1S>  a.n~.t.° 
to  the  defunct  for  his  incumbency,  to  wit,  if  he  furvive 
Whitfunday,  the  half  of  that  year  is  due  for  his  incumben- 
cy, and  the  other  half  for  the  annat :  and  if  he  furvive  Mi- 
chaelmas, the  whole  year  is  duefor  his  incumbency,  and  the 
half  of  the  next  year  for  the  annat,  and  the  executors  need 
not  to  confirm  it,  pari.  2.  feiT.  3.  cap.  13.  Car.  II.  neither 
can  it  be  difponed  to  Grangers  by  the  defunct,  nor  affect- 
ed by  his  creditors,  for  it  did  never  belong  unto  him,  it 
being  only  a  gratuity  which  the  law  indulgeth,  upon  the 
account  that  minifters  are  ftappofed  not  to  die  rich.  The 
annat  divides  betwixt  the  relict  and  the  neareft  of  kin,  if 
there  be  no  children,  and  is  extended  to  the  profit  of  the 
glebe,  if  there  be  no  new  intrant :  But  where  there  is  an 
intrant,  the  glebe  belongs  to  him,  and  is  no  part  of  the 
annat,  nor  did  belong  to  the  former  minuter,  unlefs  it  was 
fown  by  him,  and  the  crop  upon  it  at  the  entry  of  the  in- 
trant.    See  vS tair's  inft.  p.  306. 

§  9,  General  letters  of  horning  (fo  called,  becaufe  they  The  prlvile- 
do  not  exprefs  nominatim  the  perfons  to  be  charged)  are  gesofprocef- 
allowcd   upon  decreets  of  locality,  act    13:  feff,  2.  pari.  fes  ™r  ftl" 
Will,  and  Mary;  and  thefe  letters  are  effectual,  not  only  pen  a* 
againftthe  perfons  decerned  in  the  decreets,  but  alfo  againft 
their  heirs  and  fingular  fucceilbrs  pofleifing  the  lands  af- 
fected with  the  locality.     But  fummar  horning  was  not  fuf- 
tained at  the  inftance  of  a  minifter's  executor  for  his  fti- 
ptnd.     Minifters  poinding  for  their  -ftipends  need  not  to 
carry  the  goods  to  the  market-crofs  of  the  head-burgh  of 
the   proper  jurifdiction,  but  may  comprife  tnem  on  the 
ground  where  they  are,  by  honed  fworn  men,  act  21.  feff 
3  pari.  1.  Car.  II.   No  fufpenfions  of  fpecial  decreets  for 
minifters  ftipends  can  pafs,  except  upon  production  of  di(- 

T  charges, 


1 38  Government    of    the  Book  J I. 

charges,  or  upon  confignation  of  the  fums  charged  for  ; 
and  if  vicinal  be  the  fubject  of  the  charge,  one  hundred 
merks  mnft  be  configned  for  each  chalder,  and  proporti- 
onally where  lefs  than  a  chalder  i^  charged,  without  preju- 
dice to  the  Lords  of  feffion  to  modify  more  or  lefs  at  the 
diicuffi  g  act  6.  Ce(T  1.  pari.  2  Car.  II.  Anions  for  minifters 
ft  pends  commenced  in  inferior  courts  cannot  be  advocated. 
S  ifpenfions  of  and  actions  for  them  before  the  feffion  are 
d  fcufled  fuminarily,  without  abiding  the  courfeof  the  roll; 
a:^d   {uipehders,  againft  whom  letters  are  found  orderly 
•proceeded    mould  be  decerned  in  afif;h  part  more  at  lead 
than  the  funis  charged  for,  ro  pay  the  minifter's  expences 
and  damage  act  27.  feiT  <;.  of  K.  William's  pari. 
who  cnipo.e       ^  K    AJtnoUgh  tnc  power  of  prefenring  yiiniftetsby  pa- 
cal  ftipends  ;  tr<  ns  to  vacant  churches  be  discharged,  yet  that  is  but  pre- 
and  for  what  judi'ce  to  them  of  their  right  to  employ  the  vacant  (Upends 
u^s«  on  pious  ufes  within  the  refpeetive  pariihes,  except  where 

the  patron  i^  popifb ;  in  which  cafe  he  is  to  employ  the  fame 
on  pious  ufe-,  by  the  advice,  and  at  appointment  of  rhe 
presbytery  ;  and  in  cafe  the  patron  fnall  fail  in  applying 
the  vacant  ftipends  for  the  uf  s  forefaid,  that  he  fnall  lofe 
his  right  of  aclminiflration  of  the  vacant  ftipend  for  that  and 
the  next  vacancy,  and  the  fame  fhali  be  difpofed  upon 
by  the  prefbytery  to  the  ufes  forefaid  Excepting  always 
the  vacant  ftipends  within  the  bounds  of  the  fynod  of  Ar- 
gyle ;  which  fynod  is  impowered  to  difpofe  thereof  for  train- 
ing up  cf  youth  at  fchools  and  colleges,  and  for  other  pi- 
ous ufes,  wth  confent  of  the  heritors,  Will,  and  Mary's 
Stipends  pari.  leiT  2,  ac"ts  23.  24 

qjoadmodum  §  M  [\ ) inifters  ltipends  prefcribe,  quoad  modumprobandi, 
pro »  ancU£»r<  -  j£  not  pUrfllej  w',t|-jin  five  years  after  the  fame  are  due ;  fo 
fenbe  in  me    .         I       ,        •         1  J        ,  ,  n- 

years.  tnat  a*ter  "Vdt  time  tnev  cannot  be  proven  to  be  retting  un- 

paid, except  by  the.  defenders  their  oaths,  or  by  a  fpe- 
How  bygone  ei  1  writ  under  their  hands,  acknowledging  what  is  refting. 
vie  ml    .Oijs       x  minitter  bavins    harsed  for  the  payment  of  the 

ere  liquidate.  .,,  •      j  •        •       1  r  1       r  u     j  1 

bolls  contained  in  ; us  decreet  of   locality,  the  debtor  was 

ordained  by  the  Lords  to  depone  upon  the  prices  he  got ; 
although  he  had  offered  the  fiars  by  way  of  instrument 
within  (even  days  after  the  charge,  and  produced  receipts 
or  the  charger  and  his  pre -eceflbrs,  for  iniiructing  that 
they  were  not  in  u(e  to  uplift  the  bolls  in  tffis  coyforib'A\ 
}t  feerns  as  unreafonable  to  obl'^e  a  mlnifter  to  accept  the 
fijrs  From  the  heritors,  as  it  were  to  oblige  the  heritors  to 

accept 


Tit.  14.       Church    of    Scotland.  139 

accept  the  fiars  from  their  tenants.  Yet  I  thinkthe  liquid 
price  of  vacant  ftipends,  according  to  cuftom,  is  the  fiar 
of  the  refpecYive  iliires  :  fee  that  forecited  treathe  on  tithes, 

pag- 4*?.  . 

§  13.  The  bolls  contained  in  a  minifler's  decreet,  if  no  According  & 

meafure  be  therein  fpecified,  ihouid  be  paid  according  towJialmca-  — 

the  Linlithgow  meafure :  unlefs  the  ramiftcr  hath  been  thir-  LlPJm     '!  ,K 

teen  years  in   poiieilion  or  uplifting  according  ro  another 

meafure,  or  the  modified  ffipend  would  fail  fhort  of  the 

quantity  in  the  acl:  of  parliament  by  Lnlithgow  meafure  ; 

for  in  that  cafe  the  minifter  ought  to  be  paid  conform  to 

the  meafure  of  the  (hire  in  which  the  pariih  lies ;  fee  that 

treatife  on  c  urch-lands,  p.  4    8. 

§    14.    An  ecciefiaftical   penfion  is  a  cert  in  portion  of  Ecclefiafcical 
yearly  rent  payable  for  a  time  out  of  another's  benefice,  penfions, 
Kcclefiafiical   penfions   feem  to   have  been   introduced  at  what, 
frit,  as  a  mean  of  (ubfiftance  to  incumbents,  who   through 
ficknefs  or  infirmity  of  old  age,    were   turned   unable  to 
officiate:  fbi  fuch  were  allowed  to  refign  their  benefices, 
rcferving  to  themfelves   penfions  out  of"  them,    as  they 
might  live  upon,  fuitabie  to  their  former  character.     As 
church -men  turned  afterwards  more  degenerate,  and  be- 
nefices became  merchandife,  refignations  and  penfions  up- 
on trivial  reafons  were  fuUained  ;  fee  book  forefaid,  page 
160. 

§  1 5.  The  paftoral  charge,  or  the  offi  e  of  profeflor 
of  theology  in  fchools,  is  of  that  weight  and  confequence,  ,  ur^  ^ 
that  to  difcharge  any  one  of  them  fatisfymgly,  will  be  to  be  tolera- 
exercife  enough  to  any  honeff  man,  however  fufficient,  ted  in  a  con- 
ail  the  days  of  his  life.     By  the  caaons  of  the  fynod  of itltute  churc1>a 
London,   Oclober   2.-.   1597,  in  Bifliop  Sparrow's  coLandwii}% 
legions,  the  extraordinary  parts  and  merits  of  fome  is  pre- 
tended for  a  ground  to  difpenle  with  a  plurality.     This 
were  relevant  to  be  praenfed  for  forne  time  in  ecclei'ia 
conftituenda,  where  gifted  men  are  rare  :  but  to  continue 
that  cuitom  in  ecclefia  conitituta,  where  gifts  do  abound, 
it  were  to  neglecl  both  the  maintenance,  and  Ijkewife  the 
gifts  of  Qod  that  he  hath  beftowed  on  fome,  and  to  over- 
value the  gifts  he  hath  given  to  others,  and  hinder  them 
from  difcharging  of  the  duties  belonging  to  one  office  e- 
minenily.    '!  here  were  in  Chriri's  time  abundance  of  idle 
Pharifees,  Scribes,  and  priefts,  that  fpent  their  time  in 

teaching 


1 40  Government  of  the         Book  II. 

teaching  the  people  their  rites,  ceremonies  and  traditions  : 
but  there  were  always  but  a  few  labourers  in  God's  har- 
veft ;  hence  Chryfoitome  thought  that  but  few  minifters 
will  be  faved.    What  man  or  angel  is  fufficient  for  the  mi- 
niderial  work  !  But  their  fufficiency  is  of  God. 
TVTortifkati-         §    ,  £t  By  the2?d  aft,  Aflembly    1700,    prefbyteries 
mln^.te!st  e  are  t0  take  notice,  how  dims  of  money  mortified,  or  o- 
infpedion.      therwife  belonging  to  the  poor  of  the  parifh,  have  been 
managed  and  applied  from  time  no  time,  and  if  they  mall 
find  dilapidations  of  any  fuch  fums,  that  thofe  guilty  there- 
of  be  purfued  according  to  law,  and  the  fynods  are  to  fee 
to  the  prefbyteries  diligence  herein. 
Pions  donati-       §    17.   py   cap.  6     pari.  1.   Car.  I.  gifts,   legacies,    cr 
on^iva  donations  for  pious  ufes,  muff  not  be  inverted  from  the 

theywerede-  fpecific  ufe  defiinate  by  the  difponer,  and  the  perfons  in- 
ftinate  by,the  trufted  are   made   countable  for  the  fame,  and  ordinary 
difponer.        profits  thereof  to  the  kirks,  colleges,  and  others  to  whom 
they  aredifponed  ;  and  this  is  extended  to  all  fuch  difpofi- 
tions  as  have  been  made  fince  the  majority  of  King  James 
VI.  and  that  letters  be  thereon  direct. 
Mollifications      §  1 8.  That  forccited  book  on  church-lands,    p.  107. 
ought  not  to  te]}s  VSt  that  Charles  the  Great  difcharged  ecclefiailics  to 
ie  accepte      acccnt  0f  mortifications,  whereby  children  would  in  effect 
of  blood  re-    be  dinnhented.     bo  good  Augultine  refuted  univerlal  le- 
lations.  gacies  in  favours  of  his  church,  when  the  teftator  left  chil- 

dren or  parents  who  might  be  prejudged  and  fuffer  there- 
by. Nor  was  this  generofity  of  his  lingular,  for  a  certain 
man  having  no  children,  nor  hopes  of  any,  having  gifted 
his  eftate  to  the  church  of  Carthage,  only  with  the  refer- 
vation  of  his  own  liferent,  Aurelius  the  bifhop  reponed 
him  to  his  former  right,  upon  the  unexpected  birth  of  a 
fbn. 

The  rectifV-        §  l9'  fy  tne  29tn  a&>  Par^  l  u  Jam*  ^l.  popifli  benefl- 

itig  of  popi/h  ces  are  annexed  to  the  crown,  or  converted  into  civil  ufes. 

mortificati-     Confider  that  thefe  mortifications  were  fraudulently  elici- 

ons  com-        te(j  from  perfons>  impofed  upon  by  ways  and  means  of 

but  not  their  prieft-craft ;  and  that  they  had  been  originally  detonate 

mifapplicati-  to  maintain  an  idolatrous  and  fuperditious  worfhip.    Now, 

on,  or  ex-     it  being  the  public  interest  that   none  make  a  wrong,  far 

lefs  a  finful  ufe  of  their  property,    it  is  incumbent  on  the 

orthodox  mad  (Irate,  to  convert  what   was   mortified  and 

fraudulently  obtained  for  maintenance  of  idolatry,  to  the 

maintenance 


Tit.  14.        Church  of    Scotland.  141 

maintenance  of  the  true  worfhip  of  God  :  and  in  cafe  there 
fliall  happen  any  excrefcence,  over  and  above  what  may 
fupport  the  fame,  and  the  minifters  thereof  comfortably, 
then  may  not  that  be  applied  for  fome  honeft  and  necefla- 
ry  ufe  in  the  republic,  until  the  affairs  of  the  church  re- 
quire the  fame  again.  This  is  confirmed  by  the  Policy  of 
the  kirk,  cap.  12.  art.  14. 

§   20.  The  vifitors  of  hofpitals  are  to  be  appointed  by  yifitors  of 
the  fovereigns,  aft  101.  pari.  7.  Jam.  V.  and  accordingly  hofpitals  and, 
by  Will.  pari.  feff.  6.  cap.  20,  there  is  a  recommendation  mortificati- 
to  his  majefty  to  caufe  vifit  hofpitals,  and  inquire  after  ons,t°  be  na- 
mortifications.   This  is  renewed  feff  9.  cap.  2  1.  It  would  {:overeign. 
feem  by  the  27th  act,  pari.  2.  Jam.L  that  actions  for  bring- 
ing patrons  and  others  to  count  for  their  intromifTions  with 
the  rents  of  hofpitals,  may  be  intenteu  at  the  Chancellor's 
inftance,  efpecially  in  cafe  no  royal  vifitation  be  appoint- 
ed. 

§  2  f.  In  the  9th  and  nth  chapters  of  the  heads  of  Po-  a  fourfold 
licy  of  the  kirk,  they  allow  of  a  fourfold  diftribution  of  distribution 
the  churches  parti mony ;  one  portion  thereof  to  be  affigned      the  pfatf*" 
to  the  pallor  for  his  entertainment  and  hofpitality :  another  kirkf 
to  the  deacons,  elders,  and  other  officers  of  the  kirk  and 
kirk-fervants,  fuch  as  clerks  of  AiTemblies,  takers  up  of 
pfalms,  beddals,    and  keepers  of  the  kirk,  joining  with 
them  alfo  the  doctors,  and  fchools,  to  help  their  old  rents 
where  need  requires ;    the  third  portion  to  be  beftowed 
on"  the  poor  members  of  the  faithful,  and  on  hofpitals  : 
the  fourth  for  reparation  of  kirks,  and  other  extraordi- 
nary charges  as  are  profitable  for  the  kirk,  and  alfo  for 
the  commonwealth  if  need  require. 

§  1 2.  In  the   1  >th  chapter  of  that  book  of  difcipline,  Fatrimony  of 
the  collection  and  dillribution  of  all  ecclefiaftical  goods  or  the  church 
patrimony,  properly  belongs  to  the  office  of  the  deacons,  colleAedby^ 
(fee  the  title  of  deacons)  that  the  poor  may  be  anfwered  ^hy  riiey  are 
of  their  portion   thereof,   and  they  of  the  miniltry  live  to  iindcau- 
without  care  and  folicitude,    as  alfo  the  reft  of  the  trea-  tion. 
fure  of  the  kirk  may  be  referved  and  be  (lowed  to  their 
right  ufes.     If  thefe  deacons  be  elected  with  fuch  quali- 
fications as  God's  word  requires,  there  is  no  fear  that  they 
will  abufe  their  office.     Yet,  becaufe  the  giving  fo  great 
trufi  to  them,   appeareth  to  many   to  be  dangerous,  let 
them  be  obliged  to  find  caution  for  their  fidelity,  that  the 
kirk  rents  be  no  way  dilapidated. 

BOOK 


142 


Government   of    the 


Eook  III, 


BOOK       III. 


TITLE    I. 


Of '  Apoflac^  and  atbeijiical  Opinions  of  Drifts, 


What  an  a- 
poftate  is. 


The  atheifli- 
cal  opinions 
ofDeifts. 


The  pnnifn- 
ments  of  inch 
Deifls. 


§ 


A' 


Post  at  ES  arc  thefe  who  altogether  defert  the 
Chrifhan  Faith  :  Yet  (ometimes  they  are  taken 
for  fuch  as  defert  that  holy  faith  10  which  they 
are  engaged  at  baptifm,  and  become  profeflbrs  of  a  falfe 
religion.     All  heretics  are  not  apoftatcs. 

§  i.  By  the  21ft  act  of  AfTembly  1696,  all  minifters 
are  enjoined,  where  th.re  is  any  apparent  hazard  of  conta- 
gion from  fuch  perfons  as  are  of  atheiftical  opinions,  to  do- 
ted! the  abominablenefs  of  their  tenets ;  fuch  as,  the  deny- 
ing of  all  revealed  religion,  and  the  grand  myfteries  of  the 
gofpel,  viz.  The  doctrine  of  the  Trinity,  the  incarnation 
of  the  Son  of  God,  his  fatisfacYion  to  divine  juftice,  j  unifi- 
cation by  his  imputed  rightecufnefs  to  them  who  believe 
in  his  name,  the  refurreclion  of  the  dead  ;  and,  in  a  word, 
the  certainty  2nd  authority  of  all  fcripture  revelation;  as 
alfo,  their  alerting,  that  there  mult  be  a  mathematical  de- 
monflration  for  eacti  purpofe,  before  we  can  be  obliged  to 
afient  thereunto,  and  that  natural  light  is  fufflcient  to  fai- 
vation. 

§  3.  By  the  1  ith  aft  of  King  William,  pari.  169^,  it  is 
ordained,  that  whoever  fhall,  in  their  w  iting  or  difcourfe, 
deny,  impugn,  or  quarrel,  argue,  or  reafon*  againft  the  be- 
ing of  God,  or  any  of  the  perfons  of  the  blefled  Trinity, 
or  the  authority  of  the  hoiy  (captures,  or  the  providence  of 
God  in  the  government  of  the  world,  fhall,  for  the  firfi 
fault,  be  punifhed  with  imprifonment,  ay  and  while  they 
£  -d  bail  to  give  public  fatisfa<ftion  in  fackcloth  to  the  con- 
gr  gation  within  which  the  fcandal  was  committed;  and, 
f  :r  the  fecond  fault,  the  delinquent  fhall  be  fined  in  one 
year's  vah  ed  rent,  ant!  the  twentieth  part  of  h;s  free  per- 
gonal efl  ate,  befidcs  his  being  imprifoned,  ay  and  while  he 

and  for  the  third  fault,  he 
fhall 


give  fatisfa£ion  ag*i 


ut  fupr: 


Tit.  2.         Church  of   Scotland.  143 

fhall  be  punifhed  with  death  as  an  obftinate  blafphemer. 
Sec  title  of  Blafphemy  :  Accordingly  one  Aikenhead  was 
hanged  for  that  crime  betwixt  Leith  and  Edinburgh,  about 
the  year  16^7.  All  judges  and  minifters  of  the  law  are 
inioined  to  execute  this  act  for  the  firft  fault,  and  all  infe- 
rior magiftrates  of  Ihires,  regalities,  ftewartries,  and  their 
deputies,  and  magiiiratcs  of  burghs,  are  to  execute  this  act 
as  to  the  fecond  fault ;  and,  as  to  the  third  fault,  the  exe- 
cution thereof  is  remitted  to  the  Lords  of  julf.ciary. 

TITLE      II. 
Gf  PapijQs,  QuaforSy  and  Bonrignianifts. 

§  I.    A  Ccording  to  the  canon  law,  "  Hreretici  funt  illi  Heretics  who 

J-*-  tl  qui  vance  glorire  principatufque  fui  caufa,  fal-  they  are, 
9*  fas  opiniones  gignunt  vel  fequuntur"  Anciently  the 
word  Hxrefis  was  taken  for  a  firm  opinion,  whether  the 
fame  was  good  or  bad.  It  is  committed  by  Cbriftians  when 
they  pertinacioufly  propagate  or  follow  opinions  contrary 
to  the  received  fundamental  doctrine  of  the  church. 

§  2.  That  no  man  fhould  be  compelled  by  temporal  pu-  -  .- 
nifnments  to  profefs  the  true  faith,  is  a  doctrine  univerfally  0f  hcrefy. 
received  among  the  reformed  churches.  It  is  crimen  mere 
ecc'eflafticum,  at  lead  as  to  its  cognition  prima  inftantia. 
The  reformed  churches  never  deliver  any  they  find  here- 
tics ro  the  civil  judge,  or  rather,  according  to  the  employ- 
ment given  the  judges  by  Papifts,  the  civil  executioners. 
One  continuing  a  heretic  ought  to  be  rejected  and  excom- 
municated,  compare  Titus  iii.  10.  with  1  Tim.  i  20.  Our 
Sovereigns,  by  their  coronation  oath,  are  to  root  out  all  he- 
retics that  fhall  be  convicted  by  the  true  kirk  of  God,  from 
their  empire  of  Scotland,  which  doth  not  oblige  them  to 
persecution,  nor  to  pay  blind  obedience  to  the  church, 
but  only  it  binds  them,  at  leaft  chiefly,  to  execute  the  laws 
againft  Papifts,  who  are  declared  common  enemies  to  ail 
Proreftant  l'tates,  Jam.  VI.  pari.  i6.cap.  ih. 

§3-  The  feverity  of  our  laws  againft  Papifts  will  be  A.^  0r  par]ja. 
further  juftified,  if  we  confider,  that  by  the  law  of  God  ment  againft 
idolaters  were  to  be  put  to  death,  Deut  xvii.  and  agreeable  Papifts. 
thereto,  popiih  idolaters  are  to  be  punifned  with  death,  by 
the  15.4th  act,  pari.  7.  Jam.  VI.     By  Jam,  VI.  pari.  6. 

cap. 


144        Government    of    the       Book  III, 

cap.  71.  perfons  going  out  of  the  country  for  further 
knowledge  of  letters,  are  to  have  the  King's  licence,  which 
(hall  contain  this  provifion,  that  they  fhall  adhere  to  the 
true  religion,  and  do  nothing  againft  it,  under  the  pain  of 
barretry,  (which  with  us  is  'committed  by  thofe  who  go  to 
Rome  to  buy  benefices,  and  is  punifhable  by  infamy  and  ba- 
nifhment,  Jam.  VI.  pari.  1.  cap.  2.);  and  that  within 
twenty  days  after  their  return,  they  make  and  give  before 
their  ordinary,  the  conf efllon  of  their  faith  as  now  eftablifh- 
ed,  or  other  ways  devoid  the  kingdom  within  forty  days 
thereafter,  or  be  purfued  as  adverfaries  to  the  religion. 
By  James  VI.  pari.  7.  cap.  104,  none  are  to  go  on  pilgri- 
mage to  kirks,  chapels,  erodes,  or  the  like,  keep  faints 
days,  fag  carols  within  and  about -kirks,  or  obferve  other 
fuperftitious  papiftical  rites,  under  the'pecunial  pains  there- 
in contained,  for  the  firft  fault,  and  under  the  pain  of  death 
to  the  continuers  therein.  By  King  William's  parliament, 
left  5.  cap.  26,  no  Papift  can  make  any  gratuitous  difpofi- 
tion  or  deed,  in  prejudice  of  their  apparent  heirs,  declar- 
ing fuch  difpofition  or  deed  to  be  null ;  and  that  it  be  judg- 
ed gratuitous,  unlefs  the  granter,  writer,  and  witnefles,  de- 
clare upon  oath,  before  the  judge  of  the  bounds,  that  it  was 
granted  for  an  onerous  adequate  caufe.  By  King  Willi- 
am's parliament,  felT  9.  cap.  3.  thele  above  mentioned  acts 
are  ratified,  with  all  other  laws  made  againft  Popery  and 
Pa  pills,  efpecially  thefe  againft  Jefuites,  priefts,  or  traffic  - 
ing  Papifts ;  and  all  fayers,  and  hearers  of  mafs,  and  con- 
cealers of  the  fame.  Item,  Whoever  feizes  any  prieft,  Je- 
fuit,  or  trafficing  Papift,  or  their  refetters,  upon  certificate 
of  the  conviction  of  the  perfon  feized  by  the  judge,  fhall 
have  5<<o  merks  for  his  reward  from  the  treafury,  for 
which  the  receiver-general  may  be  puriued  before  the 
Lords  of  fefTion.  .  Item,  If  it  be  proven  that  the  faid 
prieft,  Jefuit,  or  trafficing  Papift,  was  held  in  repute  fuch, 
or  that  he  changed  his  name,  and  fhall  refufe  the  Formu- 
la of  purgation  iubjoined  to  this  aft,  it  fhall  be  fufficient 
ground  for  the  council  to  banifli  him,  never  to  return  a 
Papift  under  pain  of  death,  to  be  inflicted  by  the  Lords  of 
juiticiary.  Item,  If  any  perfon  be  found  in  any  meeting 
where  there  is  any  altar,  mafs- book,  or  other  inftrumenrs 
of  popifli  fu  per  flit  ion,  and  fhall  refufe  to  purge,  as  above, 
it  fhall  be  fuffitient  ground  to  the  council  to  banifh,  under 

any 


Tit.  2.        Church    of    Scotland.  145 

any  certification  they  fhall  think  fir,  even  to  that  of  death  ; 
and  whofoever  difcovers  and  fei.es  the  faid  bamfhe.i  per- 
fon, after  his  return,  fhall  have  the  forefud  reward  of  <roo 
merks.  Item,  Hie  8th  aft,  pari.  1.  Char  II.  is  ratified; 
and  any  Protectant  relation,  or  his  Majeity's  advocate  or 
follcitor,  may  purfue  for  the  exhibition  and  education  of 
children  in  the  keeping  of  Papifts ;  and  the  Lords  of  feilion 
are  impowered  to  modify  an  aliment  out  of  the  childrens 
or  their  parenrs  means  ;  and  it  is  recommended  to  presby- 
teries to  inform  in  this  matter.  Item,  No  Papift  profefied, 
or  not  purged,  can  receive  any  voluntary  deed  or  difpo'i- 
tion  made  to  him  of  any  lands,  or  real  rights,  or  tacks  of 
lands,  cr  teinds  but  trie  fame  are  declared  null,  and  to  re- 
main with  the  gr.  inter,  and  no  aftion  for  warrandice  cv  re- 
petition of  the  price.  Item,  No  Papift  pad  the  age  of  fif- 
teen years,  can  fucceed  either  as  heir,  or  by  other  convey- 
ance from  the  perfbn  to  whom  he  may  be  heir,  until  he 
purge  himfelf  of  ropery,  as  above ;  and  if  being  educate  in 
the  Popifli  religion,  he  fucceed  as  above,  before  the  faid 
age,  then  he  fhall  be  obliged  to  purge  before  he  attain  the 
fame  ;  and  the  perfbn  fo  lucceeding,  failing  in  either  of 
thefe  cafes,  devolves  to  the  next  Proteftant  heir,  who  is  to 
be  ferved  as  fuch  to  the  defunct,  and  to  have  right  to  the 
eltate  and  rents,  from  the  faid  in  irancy.  ay  and  while  the 
perfon  excluded,  or  his  heir,  purge  himfelf,  as  above  ;  in 
which  cafe  he  is  to  be  reponed  as  before  the  exclusion. 
The  intervening  rents,  with  the  burden  of  current  annnaU. 
rents  of  debts,  remaining;  with  the  Proteflant  fuccefior;  bur/ 
this  excluiion  to  be  without  prejudice  of  creditors  before 
the  exclusion,  item,  No  Papift  may  grant  any  gratuitous 
deed  in  prejudice  of  his  heir,  but  the  fame  is  declared  null, 
iave  as  to  the  affecting  the  granters  perfon  and  moveables. 
See  the  forecited  26th  aft,  fc-(T.  5.  King  Wiliiam's  parlia- 
ment. Item,  The  Proteflant  on  whom  the  fucceffion  de- 
volves by  the  laid  excluiion,  mud  profecute  his  right  with- 
in two  years,  elfe  it  falls  to  the  next,  and  fo  on.  Item, 
The  Papift  and  his  heir  mult  renounce  Popery  within  ten 
years  after  the  faid  irritancy,  (minority  not  reckoned),  or 
is  to  be  excluded  for  ever ;  and  the  eitate  thus  devolving, 
devolves  with  all  its  lawful  conditions  and  burdens.  Item, 
No  voluntary  right  by  a  Papift  in  favours  of  his  apparent* 
heir  alfo  a  Papift,  fhall  be  of  force,  though  prior  to  this 
U  aft, 


146         Government    of    the       Book  III. 

act,  nnlefs  cled  with  infeftment  or  pofTeflion,  or  proceeded 
in  judgement  prior  thereto.  Item,  All  difpofitions  or  deeds 
in  favours  of  cloyfters,  or  other  Popifh  focieties,  are  decla- 
red void,  and  to  accrefce  to  the  next  Proteflant  heir  to  the 
granter.  Item,  No  adjudication  is  to  expire  in  theperfon  of 
a  rapid,  but  coming  in  the  perfon  of  a  Proteflant,  the  legal 
being  run,  it  expires  within  year  and  day  thereafter,  and  no 
adjudication  or  real  diligence  is  competent  to  a  Papifi,  upon 
any  gratuitous  bond  or  deed.  Item,  That  the  Formula  of 
purgation  be  taken  before  the  council,  or  before  the  pref- 
by  tery,  and  reported  within  forty  days  to  the  council.  Item, 
A  Proteflant  apofiatizing  to  Poperty,  forfeits  his  eflate  im- 
mediately to  his  next  heir,  being  Proteflant,  as  if  he  were 
dead  ;  and  this  next  heir,  if  in  pupilarity,  is  to  be  reckon- 
ed Proteflant,  if  his  education  be  fuch;  or  if  it  be  Popifh, 
he  is  excluded  until  he  purge,  as  above.  Item,  That  no 
fufpecled  Papifi:  be  capable  of  any  trufl  of  the  peribn  or 
affairs  of  minors,  and  that  none  employ  them  in  fuch 
trulls,  until  they  purge  as  above,  under  the  pain  of  a  year's 
valued  rent,  or  a  thoufand  merks,  if  the  valued  rent  be  lefs. 
Item,  No  fufpecled  Papifi  may  teach  any  fcience,  art,  or 
exercife  in  families,  or  out  with,  nor  may  a  Proteflant  have 
a  Popifn  domeftic  fervant,  under  the  pain  of  five  hundred 
merk*,  which  may  be  purfued  by  any  Proteflant ;  and,  u- 
pon  conviction,  to  have  the  fame  for  reward.  By  the  28th 
acl,  fefT.  6.  of  King  William's  parliament,  whoever  perverts 
a  Proteflant  fubjecl  to  Popery,  fhall  be  proceeded  againfl  as 
a  trafficking  Papifi ;  that  a  Proteflant  fervant  turning  Papifi 
in  a  Popiih  family  be  puniflied  as  an  apoflate  ;  and  the  ma- 
iler, when  required,  is  obliged  to  difmifs  that  fervant,  ne- 
ver more  to  be  received  by  him,  or  any  other  Popiih  ma- 
iler, under  pain  of  an  hundred  pounds;  and  that  Popifli 
jnaflers  allow  their  fervants  due  liberty  to  attend  worfhip 
and  catechifing,  under  the  faid  pain  ;  and  that  thefe  fer- 
vants ufe  that  liberty,  under  the  pain  of  being  banifhed  the 
parilfi.  By  the  5th  acl,  pari.  1.  Jam.  VI.  the  fayers  and 
hearers  of  mafs,  or  fuch  as  are  prefent  thereat,  are  punifli- 
ed by  confifcation  of  all  their  goods,  moveable  and  im- 
moveable, and  an  arbitrary  punifhment  of  their  perfons  for 
the  firfl  fault,  banifhment  for  the  fecond,  and  death  for 
the  third  fault.  By  the  i  2 2d  act,  pari.  1 2.  Jam.  VI.  the 
foyers  of  mafs,  refetters  of  Jefuites,  feminary  Priefls,  and 
trafficking  Papifls,  againfl  the  king's  majefly,   and  religion 

prefently 


Tit.  2.  Church    of    Scotland.  147 

prefently  profefled  within  this  realm,  is,  and  fhall  be  a 
juft  caufe  to  infer  the  crime  and  pain  of  treafon,  provided 
how  fbon  they  fatisfy  the  prince  and  the  kirk  the  penalty 
forefaid  fhall  not  ftrike  againft  the  refetter.  By  the  de- 
claration of* the  eftates,  containing  the  claim  of  right,  1 1 1 h 
April  1689,  it  is  declared,  that  by  the  law  of  this  king- 
dom, no  Papift  can  be  king  or  queen  of  this  realm,  nor 
bear  any  office  whatfoever  therein, 

§  4.  The  lateft  and  moft  comprehend ve  a£h  of  AfTem-  j^^^g* 
bly  againft  Popery,  are  thefe :  by  acl  July  29.  1640,  all  p^,^; 
idolatrous  monuments  are  appointed  to  be  taken  down  and 
deftroyed  ;  and  presbyteries  and  fynods  are  to  fee  this  work 
with  all  diligence  performed.  This  is  conform  to  the  64th 
and  90th  canons,  Concil.  Carthag.  "  Ut  reliquae  idolo- 
"  rum  radicitus  extirpentur,  fimpliciter  placuit  peti  a  glo- 
"  riofifTimis  imperatoribus,  ut  reliquse  idololatrice  non  fo- 
"  lum  quae  funt  in  ftatuis  :  fed  qnce  funt  in  quibufuis  locis 
M  vel  lucis  vel  arborlbus,  omni  tnodo  deleantur."  By 
Adembly  1642.  fell!  7.  and  164?.  (eiT,  38.  prefbyteries 
are  appointed  to  convene  known  Papifts  in  their  bounds, 
and  oblige  them,  within  a  month,  to  put  from  their  com- 
pany Popifh  friends  and  fervants,  and  give  their  children 
above  feven  years  of  age,  to  be  educated  at  their  charges, 
by  fuch  Proteftant  friends  as  the  prefbytery  fhall  approve, 
and  find  caution,  within  three  months,  to  bring  home  fuch 
of  their  children  as  are  abroad,  to  be  educated  at  the  fight 
of  the  prefbytery.  The  obftinate  are  to  be  procefted  in- 
ftanter^  and  thofe  who  comply  are  to  confer  with  profef- 
fors  in  the  next  univerfity,  in  order  to  their  converfion. 
Item,  The  government  is  to  be  fupplicate  for  an  act,  that 
in  no  regiment  that  goes  out  of  the  kingdom,  any  Papift 
bear  office,  and  the  colonel  to  find  caution  for  this  efTecl:  but 
the  fubftanee  of  this  defired  afl  is  already  declared  in  the 
Claim  of  Right,  and  enacted  by  9th  aft,  pari.  1.  Jam.  VI. 
and  the  5th  act,  pari.  2.  Jam.  VI.  By  the  8th  acl  of  Af- 
fembly  1699,  they  appoint  all  minifters  to  ftudy  Popifh 
controverties  more.  J  tern,  That  all  due  endeavours  be  u- 
fed  to  unite  Proteflants  among  themfelves.  Item,  That 
minifters  faithfully  watch  the  flock  committed  to  them, 
tint  fo,  by  public  preaching,  private  inftrucYion  and  con- 
ference, apoftacy  may  be  prevented.  Item,  Minifters  are 
to  deal  wifely  and  convincingly  with  thofe  who  have  fai- 

Uz  lot 


148         Government    of    the       Book  III. 

len  to  Popery,  and  other  corrupt  practices,  for  their  reco- 
very.    Item,  When  other  means  are  ineffectual,  prefby- 
teries  are  appointed  to  proceed  to  church  cenfure.      Item, 
That  according  to  the  former  afts  of  Aflemblies,  and  acts  of 
parliament,  the  names  of  Popifh  Priefis  and  Jefukes,  and 
trafficking  Papifls,  and  of  thofe  who  have  fent  their  chil- 
dren to  Popilh  colleges  and  countries,  be  given  in  to  each 
provincial  fynod,  and  by  them  tranfmittecl  to  the  refpec- 
tive  magillratcs.  to  the  effect  they  be  proceeded  againft 
according  to  law,  Car  li.  pari.  j.  acl  6.     Item,  The  Ge- 
neral Amenably  refolves,  that  application  be  mane  to  the 
civ":!  magidrate,  as  often  as  need  requires,  for  the  vigour-. 
ous  execution  of  the  laws  againft  Papifts,    Popifh  fchool- 
mafters,   miilrefies,  governors  and  pedagogues,  and  Popifli 
meetings;  and  for  feeing  to  the  training  op  of  Popiih  youth 
in  the  Proreflant  religion.     V.y  the  Aifembly  1704,  fcan- 
dafoos  peffbns  turning  Popiih,  or  pretending  to  do  fo,  to 
evire  c  nfure,   fhall,  after  due  pa;ns  to  reclaim  them,  be 
excommunicated,     By  the   17th  fe  if  of  A  (fern  b.   1700, 
and  uxh  feff    AlTem.   1703,  no  private  acknowledgement 
of  a  Papid's  renouncing  that  religion  verbally,  is  to  be  held 
fuffietent  to  admit  them  into  church  privileges ;  but  their 
reception  thereunto  mud:  be  the  deed  of  a  church  judica- 
ture, not  below  a  preibytery.      By  the  8th  acl  of  Aifem- 
bly   §707,  it  is  appointed  that  the  fynod  in  which  thefe 
prefbytertes  are  where   Popery  increaferh,  do  fometimes 
fend  minillers  that  are  well  acquainted  with  thefe  controver- 
sies to  affift  the  miniilers  of  the  bound?  in  conferring  with 
the  fed uced.   and  for  eflabliibing  others      Item,  Probati- 
oners, well  Ccen  in  fuch  controvedies,    are  to  be  fent   to 
affill  the  miniilers  in  thefe  parts,  in  preaching,  that  they 
may  have  the  more  time  to  inflrucl  the  people,  and  watch 
over  them  againft  Popery.     All  which  acts  and  recommen- 
dations,  as  to  minifters  diligence againit  Popery,  are  revi- 
ved by  the  4th  acl  of  Aifembly  1708.  CalJerwood,  in  his 
hii'lory,  p.   5^4,  tells  us  of  an  act  againd  Papifls  made  in 
that  pretended  Aifembly  holdcn  at  Linlithgow  1608,  where- 
in taey  appoint,  that  at  every  fervice  of  any  perfon  as  heir 
to  his  father,  or  any  of  his  predecedors,   he  be  not  ferved 
by  any  judge  without  the  teflimomal  of  the  biihop,   and 
moderator  of  the  preibytery,  where  he  dwells,  bearing  the 

confeifon 


Tit.  2.        Church    of    Scotland,  149 

confeflion  of  his  faith  and  integrity  in  the  religion  prefent- 
ly  profefled. 

§  5.  I3y  the  2  3d  article  cap.  14*  of  the  French  church  dif-  papifts  not 
"  cipline*  all  violence  and  unbecoming  language  againft  thefe  to  be  mock- 
of  the  Romiih  church,  and  even  againft  pnefts  and  friars,  ed- 
fliall  not  only  be  hindered,  but  alfo  wholly  iuppreffed,  as 
much  as  poflibly  may  be. 

§6    By  the   10th  a6t  of  AflembJy  1695,  for  prevent-  Apoftate  and 
ing  of  the  growth  of  thefe  abominable  herefies  of  the  Qua-  ring-leading 
kers,  it  is  recommended  to  ail  church  judicatures  to  ufe  all  Quakers  to 
proper  means  for  reclaiming  of  them,  and  in  cafe  of  their  ^^^maf' 
obftinacy,  to  proceed  againit  them  with  the  cenfureof  the 
church,  but  especially  againft  the  ringleaders,  or  ihefe  who 
have  apoffati  fed  from  our  holy  faith. 

§  7.  The  Aftembly  1  701,  by  their  1  ith  aft,  finds,  that  Errors  ofAn- 
the  writings  of  M.  Antonia  Bourignion,  arefraughted  with  toniaBourig- 
impious  and  damnable  doctrines,  as  they  are  reprefented  Iflon  c'm~ 
in  the  "apology  for  her,  condemned  by  the  immediately 
preceding  act,  wh'ch  exhi bites  to  the  world  an  epitome  of 
her  errors  in  the  fairefLdrefs;  fuch  as,  1.  The  denying  the 
permiflion  of  fin,  and  the  inflicting  of  vengeance  and  dam- 
nation for  it.  2.  Tne  attributing  to  Chriit  a  twofold  hu- 
man nature,  one  of  which  was  produced  6f  Adam,  before 
the  woman  was  formed,  the  other  born  of  the  Virgin  Ma- 
ry, u.  The  denying  the  decrees  of  election  and  reproba- 
tion, and  the  loading  thefe  s&s  of  grace  and  fovereignicy", 
with  a  multitude  of  odious  and  blafphemons  afperfions,  par- 
ticularly, wickednefs,  cruelty,  and  refpedr.  of  perfons.  4. 
That  there  is  a  good  (pint  and  an  evil  fpirit  in  the  fouls  of 
all  men  before  they  are  born.  5.  That  the  will  of  man 
is  unlimited,  and  that  there  muff  be  in  man  iome  infinite 
quality,  whereby  he  may  unite  himfelf  to  God.  *  6.  The 
denying  ojF  the  doctrine  of  divine  preference-  7.  The  af- 
ferting  of  the  finful  corruption  of  Chriit's  human  nature, 
and  rebellion  in  Chriit's  natural  will  to  the  will  of  God. 
And,  8.  The  afferting  a  fhte  of  perfection  in  this  life,  and 
a  flate  of  putrifacYion  in  the  life  to  come;  that  generation 
takes  place  in  heaven,  and  that  there  are  no  true  Christians 
m  the  world. 


TITLE 


Schifm,what 


150  Government    oft  he      Book  IIL, 

TITLE    III. 

OfSchifm  and  Prelacy,  and  of  the  Laws  and  Atts 
for  preventing  Innovations  and  Errors. 

.  §   1.    ACcording  to  the  canon  law,  "  Schifmaticus  eft 
•£*•  "  qui  ab  unitate  ecclefiae  fe  feparat/'  fchifm 
is  to  the  church  what  a  cut  is  to  the  natural  body,  and  it 
may   be   where  no  herefy  in  doctrine  is  :  It  is  a  breaking 
of  that  church  union  and  communion  which  ought  to  be 
among  her  members. 
Schifm  about       §  2-  Schifm  in  church-government  is  either  about  the 
church-go-      government  itfelf,  or  about  the  perfons  in  whom  it  is  lod- 
vernment.      gec[ .  which  difference  may  occafion  the  erecting  of  altare 
contra  altare.     Schifm  may  be  in  worihip,  when  both  the 
fame  doctrine  and  government  is  acknowledged,  but  com- 
munion is  not  kept  in  the  Lord's  Supper,    according  to 
Chrift's  appointment.     This  feems  in   part  to  have  been 
the  fchifm  among  the  Corinthians,    occafioned  perhaps 
through  the.  corruption  of  fome  members  with  whom  o- 
thers  have  fcrupled  to  communicate. 
When  fchifm      §  3*  ^ne  underftanding  having  fuch  influence  upon  the 
is  to  be  pro-   will  and  affections,  and  union  having  fb  much  intereft  in 
ceedcd  a-      both,  the  fame  will  be  more  eafily  attained  by  perfuafive 
gainft.  reafonings  than  authoritative  injunctions.      Though  the 

authority  of  a  church  may  be  interpofed  to  condemn  he- 
retical and  fcandalous  members,  yet  it  is  rarely  found  to 
be  the  way  of  uniting  a  rent  church,  but  rather  the  way 
to  govern  an  united  church  ;  for  it  often  happens,  where 
fuch  divifions  arife,  that  parties  do  reciprocally  decline 
each  ether's  authority  :  indeed,  where  fchifm  is  only  a 
fprcading,  or  but  among  few,  who  cannot   be  otherwife 
gained.     In  that  cafe,  the  cenfures  of  the  church  may  be 
more  fuccefsfuily  applied  againft  them. 
Prelacy  de-        §  4.   The  General  Affembly,  by  their  act  December 
claredtohave  g^  1638,  having  confidered  the  proceedings  of  this  kirk, 
j*fh^fed'  and  acts  of  General  Affemblies  in  former  years,  the  vote 
the  caufe  of  was  ftated,  Whether,  according  to  the  Confeffion  of  Faith, 
many  evils,    (\.  e.  the  national  covenant)  as  it  was  profeffed  in  the  years 
Prelatiftsown  I^3C,    1581,  and  1  590,  there  be  any  other  bifbop,  but 
of  men   One  a  Pa^or  °*  a  particular  flock,  having  no  pre-eminence  nor 

power 


Tit.  3.         Church   of   Scotland.         151 

power  over  his  brethren  ?  And  whether,  by  that  confeffi-  of  the  caufes 
on,  as  it  was  then  profefTed,  all  other  Epifcopacy  is  abju-  of  national 
red,  and  ought  to  be  removed  out  of  this  kirk  ?  The  haill  reJj^fXe* 
AfTembly  mod  unanimously  (one  only  hefitating)  did  church's  con- 
voice,  that  all  Epifcopacy,  different  from  that  of  a  paftor  fent. 
over  a  particular  flock,  was  abjured  in  this  kirk ;  and 
therefore  prohibites,  under  the  pain  of  ecclefiaftical  cen- 
fure,  any  to  ufurp,  accept,  defend,  or  obey  the  pretend- 
ed authority  of  bifhops  in  time  coming.  By  the  aft  of 
AfTembly  Auguft  17.  1639,  it  is  declared,  that  the  chan- 
ging of  the  government  of  the  kirk  from  the  AfTemblies 
thereof,  to  the  perfons  of  fome  kirk-men,  under  the 
name  of  Epifcopal  government,  was  againft  the  Confeffi- 
on  of  Faith  1 580,  againft  the  order  &t  down  in  the  book 
of  policy,  and  againft  the  intention  and  conftitution  of  this 
kirk,  and  which,  from  the  beginning,  hath  been  one  of 
the  chief  caufes  of  the  bj'gone  evils  therein.  The  AfTem- 
bly, in  their  anfwer,  Auguft  9.  j  641,  to  the  Englifh.  mi- 
niflers,  declare,  they  are  perfuaded  Prefbyterial  kirk-go- 
vernment to  be  of  God,  and  Epifcopial  government  to  be 
only  of  men  •,  and  they  refolve  to  hold  the  fame  conftant- 
ly.  Again,  by  their  anfwer,  Auguft  3.  1642,  to  the  de- 
claration of  the  parliament  of  England,  they  fay,  the  re- 
formed kirks  do  hold,  without  doubting,  their  kirk  offi- 
cers and  kirk  government,  by  AfTemblies  higher  and  low- 
er, in  their  ftrong  and  beautiful  fubordination,  to  be  jure 
divino  ;  yet  Prelacy,  as  it  differeth  from  the  office  of  a 
paftor,  is  almoft  univerfaily  acknowledged  by  the  Prelates 
themfelves,  to  be  but  an  human  ordinance,  fettled  by  hu- 
man law  for  fnppofed  conveniency  :  wherefore,  by  hu- 
man authority,  without  wronging  any  man's  confcience, 
the  fame  may  be  aboliflied  upon  fo  great  a  neceffity  as  is 
a  hearty  conjunction  with  all  the  reformed  kirks.  Among 
the  caufes  of  that  faft  appointed  by  AfTembly  1690,  this 
is  one,  that  the  government  of  the  church  was  altered, 
and  Prelacy  re-introduced  without  the  church's  content, 
and  contrary  to  the  ftanding  acts  of  our  national  AfTem-  . 

blies.  From  all  which  it  appears,  that  the  re-introducing 
of  Prelacy,  was  always  lay,  and  parliamentary  only,  and 
the  government  of  the  church  by  prefbyters  was  orderly 
and  fynodically  eftablifhed  by  the  guides  and  governors  of 
the  church,  her  preaching  and  ruling  elders. 

§  5.  The 


Prelacy  abo- 
lished by  the 
Claim  of 
Right  :    its 
toleration 
treafonable. 


The  licenti- 
oufnefs  of  the 
prefs,  how 
retrained 
and  cenfurcd. 


152         Government    of    the        Book  III. 

§  5.  The  meeting  of  eftates  in  their  Claim  of  Right, 
April  1 1.  1689,  declare,  that  Prelacy,  and  the  fuperiority 
of  any  office  in  the  church  above  prefbyters,  is,  and  hath 
been  a  great  and  infupportable  grievance  and  trouble  to 
this  nation,  and  contrary  to  the  inclinations  of  the  gene- 
rality of  the  people  ever  fince  the  Reformation,  (they  ha- 
ving reformed  from  Popery  by  prefbyters,)  and  therefore 
ought  to  be  abolifhed.  In  purfuance  whereof,  it  is  abo- 
lifhed  by  the  d  aft  of  parliament  j  689  ;  and  by  the  3d 
aft  of  the  id  fed  of  Queen  Anne's  parliament,  it  is  fta- 
tute  and  declared  high  treafen  to  quarrel,  impugn,  or  en- 
deavour, by  writing,  malicious  and  advifed  fpeaking,  or 
other  open  act  or  deed,  to  alter  or  innovate  the  Claim  of 
Right,  or  any  article  thereof.  Which  aft  is  as  a  hedge 
about  the  Revolution  eftablifhment ;  for  after  the  fame  was 
voted  and  enacted,  never  durft  any  prefume  to  offer  any 
aft  or  overture  for  a  toleration  to  Prelacy;  whereas,  be- 
fore that,  fome  offered  in  parliament  draughts  of  afts  for 
a  toleration  to  Prelacy,  and  moved  that  the  commiffion  of 
the  late  AfTembly  1  703  fhould  be  called  to  the  bar  for 
afferting  in  their  addrefs,  that  the  parliament's  granting  a 
toleration  to  Prelacy  would  be  to  cftabliili  iniquity  by 
law. 

§  6.  The  AfTembly  1638,  December  20.  inhibiteth  all 
printers  within  this  church  to  print  any  aft  of  this  or  pre- 
ceding Aflemblies,  any  ConfeiTion  of  Faith,  any  debates 
about  prefent  divifions,  or  any  treatife  whatfoever,  which 
may  concern  the  church  of  Scotland,  without  warrant 
from  the  clerk  of  the  AiTembly,  or  to  reprint  the  fame  by 
any  other  not  appointed  by  him  :  and  that  under  pain  of 
ecclefiaflical  cenfure.  By  the  14th  chap.  art.  19.  of  the 
French  difcipiine,  all  printers  and  ftationers  are  warned, 
not  to  print  or  fell  books  that  fliall  concern  religion  or  ec- 
clefiaflical difcipiine,  without  the  confiifory's  allowance, 
and  no  book  is  to  be  fold  that  tends  to  advance  idolatry, 
and  corrupt  good  manners.  And  by  the  16th  art.  of  the 
forefaid  1 4th  chapter,mm:fters,  nor  any  elfe  in  the  church, 
cannot  print  books  made  by  themfeives  or  others,  touch- 
ing religion,  nor  any  way  publifh  them  without  allowance 
from  the  prefoytery  or  fynod,  or  from  thofe  authorifed  by 
the  fynod  to  licenfe  bocks.  By  the  7th  aft  of  AfTembly 
1707,  prefbyteries  are  appointed  to  take  fpecial  notice, 

of 


Tit.  3.      Church    of    Scotland.  *5$ 

of  any  book  or  pamphlet  which  has  for  its  author  or  pub- 
lifher  any  minifter  of  this  church,  and  examine  if  their  be 
any  thing  therein  contrary  to  her  doctrine,  woffliip,  difci- 
pline  or  government,  and  that  they  Ccnfure  fuch  as  fhall 
tranfgrefs  herein,  according  to  the  demerit  of  the  caufe, 
The  fellers  alfo  and  difperfers  of  erroneous  and  Popifli 
books,  are  to  be  punifhed  arbitrarily  by  the  rubric  of  the 
25th  aft,  pari.  1 1.  Jam.  VI.  But  the  fhtutory  words 
run  oi'ly  againft  the  home-bringers  of  fuch  books,  the 
books  alfo  are  to  be  deftroyed,  and  warrandice  given  to 
magiftrates  of  burghs,  with  a  miniiter,  to  intromit  with 
them,  without 'ha/ard  of  fpuilzie  :  de  praxi,  InerifFs  and 
other  magifirates.  intromit:  with  fach  books  without  a  mini- 
iier's  prefence  or  concurrence  ;  fee  Mackenzie,  tit  Iierefy. 

§  7  For  preventing  innovations,  fudden  alterations,  **ow  over- 
by  p? fling  of  afts  which  may  threaten  the  peace  of  the  nnes  ,a.r^e 
church,  it  is  cnafted,  that  before  any  Aflembly  make  afts  a&s  of  Gere- 
which  are  to  be  new  (landing  rules  and  eonftitutions  to  the  ral  Aflembly. 
church,  the  fame  be  fit  ft  pad  as  overtures,  to  be  tranfmit- 
ted  to  the  feveral  prefbyteries,  and  their  confent  reported 
to  the  next  Aflembly,  who  may  pafs  the  fame  into  afts,  if 
the  more  general  opinion  of  the  church  agree  thereto. 
See  Aflembly  1631,  Auguft  30.  Aflembly  164,1,  fe$"  14* 
Aflembly  '695,  feff,  7.  Aflembly  1697,  feff  0.  and  by 
the  aft  of  Aflembly  $  700,  feff.  1 7.  any  overtures  of  ge- 
neral concern  propofed  to  the  Aflembly,  after  the  firft 
reading,  are  to  lie  on  the  table  to  be  fecn  by  all  the  mem- 
bers till  the  next  day  of  the  Aflembly's  fitting,  and  when 
trail fmitted,  prefbyreri.es  are  to  confider  of  them,  before 
the  meeting  of  the  f)  nod,  next  after  the  Aflembly,  and 
their  opinion  is  to  be  feat  to  the  next  Affombly  in  writing. 
When  prefbyteries  obferve  this  order,  then  the  Aflembly 
gathers  the  opinion  of  the  church  from  the  plurality  or 
the  written  opinions  returned  ;  but  in  cafe  a  great  number 
of  prefbyteries,  fhouid  either  be  fo  well  fitisfyed,  or  to 
indifferent  about  the  overture  tr>nfmitted,  or  give  fuch 
abfolute  truft  and  credit  to  their  commiffioners,  that  they 
give  no  opinion  in  the  matter,  in  that  cafe  the  opinion  of 
the  commiffioners  is  to  be  looked  upon  as  the  opinion  of 
their  confhtuents. 

§  0.  The  fame  authority  and  method  that  was  neccflary  What  afts  of 
unto  the  framing  of  an  ecclefiaflic  constitution,  mult   be  Aflembiyiray 

X  interpofed  be  repealed, 


154        Government    of    the        Book  III. 

interpofed  and  ufed  at  its  repealing,  "  Nam  nihil  eft  tam 
"  naturale,  quam  eo  genere  qnidque  diflblvi,  quo  colli- 
"  gatum  eft."  Ey  the  8th  aft  of  Ailembly  1706,  com- 
milfion  books  are  only  to  be  attefted  in  a  negative  ftile,  e- 
ven  as  thofe  of  fynods;  yet,  by  the  9th  aci  of  Aftembly 
1707,  the  actings  and  procedings  of  the  preceding  confi- 
rm (lion  arc  ratified,  and  approven  positively  and  folemnly, 
as  former  commiflicrrs  had  been,  becaufe  of  their  extraor- 
dinary faithfulnefs,  zeal,  and  diligence  in  addreffing  and 
petitioning  the  parliament  againft  the  dangers  and  evils 
feared  from  the  then  dcflgned  incorporating  union  with  Eng- 
gland. 
Errors  and  §   9    By  the  2  7  ft  aft  of  Aflembly    1696,  and  by  the 

^aratkm,      12th  and    1  8th  afts  of  A(Tembly  1704,  all   minifters  and 
rabieC   lU"     members  of  this  chnrch  are  difcharged  to  publifh  or  vent, 
either  by  fpeaking,  writing,  or  printing,  by  teaching  or 
pleaching,  any  doclrine,  tenet,  or  opinion,  contrary  unto 
any  head,  article,  part,  or  proportion  of  the  ConfeiTion  of 
Faith  of  this  church,  and  particularly  the  venting  any  Ar- 
minian  or  Socinian  errors ;  and  church  judicatures  are  or- 
dained to  advert  to  any  who  fhall  teach  or  vent  fuch  errors, 
and  proceed  to  cenfure  them  for  the  fame.     And  alfo  all 
prefbyteries  are  enjoined  to  cenfure  fuch  perfons  within 
their  bounds,  who  do  carry  on  divifive  courfes,  and  with- 
draw from  communion  with  this  church,  under  a  pretext 
of  zeal  to  her  doctrine,  worfhip,  discipline,  and  govern- 
ment, and  that  all  means  be  ufed  for  reclaiming  fuch  unif- 
ied people. 
Arrs  arc       §  10.  By  the  6th  act  of  Aflembly  1 6qc,  it  isrecommend- 
tooofervcthe  C(i  ro  prefcyteries,  to  take  notice  of  all  minifters,  whether 
ofthischurdQ8  T^e  ^arc  conforming  incumbents  or  others,  who  fhall  not  ob- 
ferye  faft  and  thankfgiving  days,  indicted  by  the  church, 
or  who  fhall  be  found  guilty  of  adminiftring  the  facraments 
in  private,  or  celebrating  clandeftine  marriages  without  pro- 
clamation of  banns,  and  to  cenfure  them  accordingly. 
The  Corfe.^-       §  1  1.  For  retaining  unity  and  found nefs  of  doctrine,  all 
on  of  Faith  to  probationers  licenfed  to  preach,  all  intrants' into  the  mini- 
be ■  fUb fcribed  ft         ^  all  othcr  ^^^  aru]  eiders    all  fchoolmaf- 
vutn  a  tor-         -  .  .  ,        ,  c  . 

inula,  and  by  tcrs'  chaplains,  governors,  and  pedagogues  or  youth,  aFe 

whoim  appointed  to  fubferibe,  at  the  fight  of  prefoyteries,  their 

approbation  of  the  Confeihon  of  Faith,  as  the  confeflion  of 
their  fuirli,  Aflem.  165J0,  a&  7.  Aflern.  170c,   icth  and 

iith 


Tit.  3.  Church    of    Scotland.       155 

I  ith  acts.  And  by  the  1  ith  aft  of  Affembly  1694,  any 
of  the  late  conform  rrinifters  may  be  received  by  the  com- 
mi  (lion  of  the  AiTembly  into  minifterial  communion,  who 
fhall  acknowledge,  engage,  and  fubferibe,  upon  the  end 
of  the  Confeffion  of  Faith,  the  following  Formula,  And 
by  the  16th  aft  of  AiTembly  1705,  all  (Indents  of  theo- 
logy licenfed  to  preach,  and  all  miniflers  and  elders  are  in 
Jike  manner  to  fubferibe  the  fame;  the  tenor  whereof  fol- 
lows :  "  I  A.  B.  do  fincerely  own  and  declare,  the  above 
M  Confeffion  of  Faith,  approven  by  former  General  Af- 
u  femblies,  and  ratified  by  law  in  the  year  1690,  to  be 
"  the  confeffion  of  my  faith,  and  that  i  own  the  doftrine 
"  therein  contained  to  be  the  true  doftrine,  which  I  will 
"  conftantly  adhere  unto  •,  as  likeways,  that  I  own  and 

II  acknowledge  the  Prefbyterian  government  of  this  church. 
"  now  fettled  by  law,  by  kirk-feffions,  presbyteries,  pro- 
44  vincial  fynods,  and  General  AiTemblies,  to  be  the  only 
"  government  of  this  church,  and  that  I  will  fubmit  there- 
u  to,  concur  therewith,  and  never  endeavour,  direftly 
'*  nor  indirectly,  the  prejudice  or  fubverfion  thereof;  and 
**  that  I  fhall  obferve  uniformity  of  worfhip,  and  of  the 
"  adminiftration  of  all  public  ordinances,  as  the  fame  are 
"  at  pre fent  performed  and  allowed."  See  book  1.  tit. 
4.feft.   7.* 

§  12.  The  fynods  of  this  national  church,  in  the  year  Synodical 
1702,  confidering  the  great  affair  of  the  union  of  the  two  aiiociations 
kingdoms,  then  under  deliberation,  did,  for  mutual  edi-  *.?r  f^curi"§ 
fication,  and  ftrengthening  one  anothers  hands  in  the  Lord's  o-ovcrnment. 
work,  appoint  each  minifier  and  probationer,  judicially, 
in  their  refpeftive  prefbyteries,  to  profefs  and  declare  their 
refolutions  and  engagements  to  maintain,  by  God's  grace, 
the  true  doftrine  of  this  church,  according  to  our  Confef- 
fion  of  Faith,  and  the  purity  of  worfliip,  difcipline,  and 
Prefbyterian  government  of  this  church,  founded  on  the 
word  of  God,  and  that  they  promife  to  difown  all  principles 
contrary  thereto. 

§  1  3.  The  fourth  article  of  cap.  23.  of  the  ConfeiTion  How  the  4th 
of  Faith,  has  thefe  words;  infidelity,  or  difference  in  re-  article  of  the 
ligion,  doth  not  make  void  the  magiftrates  juft  and  legal  2l cj5narter 
authority,  nor  free  the  people  from  their  due  obedience  to  feffiwi    of 
him.     Which  arc  generally  underftood  thus,  vrsr.     That  Faith  is  gc- 
the  principles  of  our  holy  and  peaceable  religion,  do  not  ijerally  un- 

A  l  deny 


i  $6         Government    of    the       Book  III. 

deny  but  infidels  and  Papifts  may  be  lawful  magistrates  in 
fuch  countries  or  kingdoms  where  thefe  falfe  religions  arc 
eftablifhcd,  and  if  any  of  our  religion  happen  to  fojourn  in 
thefe  territories,  they  ought  notwithstanding  to  own  their 
juft  and  legal  authority,  and  obey  their  lawful  commands. 
But  in  other  kingdoms  or  countries,  fneb  as  this  of  Scot- 
land is,  wht  re'profeftingand  defending  of  the  Proteftant  reli- 
gion is  made  a  condition  of  government,  betwixt  the  magi  'irate 
and  people.,  in  thai  cafe,  if  he  fhalJ  either  be  of,  or  fall 
away  to  a  falfe  religion,  and  violate  the  faid  condition  and 
agreement,  then  there  is  ground  and  reafon  for  the  peoples 
repreicntatives,  to  claim  their  right,  and  declare  him  on  that 
account  to  have  forfeited  his  right  to  the  crown,  and  de- 
clare the  throne  vacant,  as  did  our  meeting  of  eftates,  A- 
pril  ii.  1689. 
Separatists  §  1 4.  The  aft  of  Aftembly,  Aug.  31.   1647,  confider- 

patto  be  Fa-  Jng  how  the  errors  of  independency  and  feparation  have 
niiliaiiv  coii-  |preac|  jn  England  fo  much,  that  exceeding  great  errors  and 
biafphemieshaveiftlied  therefrom,  and  artfheirercd  there- 
by :  therefore,  all  perlbns  are  difcharged  from  frequent 
and  familiar  converfc  with  perfons  tainted  with  fuch  errors, 
or  to  import,  fell,  or  difperfe,  fuch  erroneous  books  or  pa- 
pers; and  it  is  tecommended  to  the  m  igiftiate,  to  be  a  (lift- 
ing to  minifters,  in  the  execution  of  this  aft.  There  is  a 
former  aft  of  Aftembly,  Auguft  9.  1643,  t0  tne  Tame  pur- 
pofe;  and  by  the  1  .th  aft  of  Aftembly  1701,  the  forefaid 
aft  16^7  is  ratified.   See  §  6. 

None  are  to        $  '  >  BY  the  aft  *&  Aftembly,  Aug.  U.  1 647*  fof  pre- 
withdraw       ferving  order,  peace,  and  unity  in  the  kirk,  preventing  of 
from  their      (chifm,  and  for  maintaining  that  refpeft  which  is  due  to  the 
own  pariih     minifters  of  Jefus  Chrift,  every  member  of  a  congregation 
is  ordained  to  keep  his  own  parifh  kirk,  to  communicate 
there  in  word  and  facraments ;  and  if  any  perfon  ihall  u- 
fually  abfent  themfelves  from  their  own  congregation,  ex- 
cept in  urgent  cafes,  made  known  to,  and  approved   by 
the  presbytery,  the  minifters  of  thofe  congregations  where- 
to they  reforr,  (hall  both  in  public,  by  preaching,  and  in 
private  admonition,  ftievv  their  di ft: ke  of  their  withdrawing 
from  their  own  minifter :  likeas,  the  minifter  of  that  con- 
gregation from  which  they  do  withdraw,  fhail  labour,  firit 
by  private  admonition  to  reclaim  them,  and  if  that  fail,  they 
are  to  be  cited  to  jhc  feffion,  and  cenfured  as  contemners 

of 


Tit.  3.        Church    of    Scotland.  157 

of  the  order  of  the  kirk  ;  and  if  the  matter  be  not  taken 
order  with  there,  it  is  to  be  brought  to  the  presbytery. 

§  16.  By  the  6th  aft  of  Aflembly  1708,  all  prcibyte-  Diforderly 
ries  and  fynods  are  ftriftly  and  peremptorily  appointed  to  minifters  and 
take  particular  notice  of  mi nillers,  preachers,  or  others,  who  ^iea^ls]n to 
fall  into  irregularities  or  iphifinatical  courfes,  that  they  du-  iy  noticed." 
Jycenfurethem,  according  to  the  merit  of  their  fault,  even 
to  depofition  of  minifters  and  elders. 

§  17.  The  Aflembly,  Aug   4. -1641,  doth  charge  all  Meeting 
minifters  and  members  of  this  kirk,   to  fupprefs  ali  impi-  merely  on 
ety  and  mocking  of  religious  exercifes,  and  that  they  e-  pretence  of 
(chew    all  meetings  under  the  name  and  pretext  of  religi-  fra?1"11*0   6 
ous  exercifes,which  are  apt  to  breed  error,  (caudal,  fchifm, 
neglect  of  duties  in  particular  callings,  and  fuch  other  evils. 

§  18.  For  preventing  of  abufe  to  the  kirk  in  general,  The  church's 

and  minifters  in  particular,  the  Aflembly,  by  their  aft,  name  is  not 

Aug.  G,  {64.2,  doth  prohibite  and  difcharge  ali  and  every  to.  , e  u  , 

&   D  ,  ;.     ,  c     •   -n  •    without  her 

one,  to  pretend  or  tile  the  name  or  mimiters  to  any  Petl"  confent. 

tion,  declaration,  or  fuch  like,  without  their  knowledge, 

couRnt,  and  ailiftance ;  and  the  tranfgreflors  hereof  are  to 

be  proceeded  againft  with  the  highell  cenlures  of  the 

church.  N 

§  .9.  The  General  Aflembly  injoins  all  the  members  of  mthe  cau£ 

this  kirk  to  forbear  the  fwearing,  fubferibing,  or  preffing  of  of  religion  to 

any  new  oaths  or  bonds,  in  thecaufe  of  reformation,  with-  be.  taken 

out  advice  and  concurrence  of  the  kirk.     See  aft  and  de-  w.lt^ouJ:  ,a^" 

,        .        T   ,  vice  01  the 

Ciaration  Jiuy  28   104&.  the  church. 

§  20,  In  the  General  Aflembly's  anfwer  February  1 3.  Some  ^^ 
1645,  to  tne  ^liembly  or  divines  in  hngland,  they  leem  to  oithe  church 
acknowledge,  that  they  baye  foine  practices  in  this  church  were    ac- 

which  are  in  themfelves  indifferent;  for  they  exprefs  thern-  knowledsed 
r  1  ;     1    r  ■         1  •     1  to  be  lndifre- 

ieives  tnus :  nevertheJeis  m  other  particulars,  we  are  re- 

folvcd,  and  do  agree  to  do  as  ye  have  defired  us  in  your 
letter ;  that  is,  not  to  be  tenacious  of  old  cuttoms,  though 
lawful  in  themfelves,  but  to  lay  them  afide  for  the  nearer 
uniformity  with  the  kirk  of  England ;  that  rather  than  it 
fail  on  our  part,  we  do  moil:  willingly  part  with  fuch  prac- 
tices and  cuftoms  of  our  own,  and  without  the  violation  of 
any  of  Chrift's  ordinances. 

§  2  i.  It  is  no  fmall  fecurity  to  the  Proteftant  religion,  None hutPro- 
and  tends  much  to  the  preventing  of  innovations  and  errors,  teftaatsca* 

tha:  none  are  capable  of  civil  truft,  but  true  Protectants  ;  PfbIe  °l  an/ 
f  »-*'  place  of  truit- 

tor1 


158 


Government    of    the      Book  III, 


for  they' who  profefs  not  the  true  religion,  contained  in  the 
Confeflion  of  Faith,  eftabliihed  by  K.  Jam.  VI.  his  firft 
parliament,  may  not  be  a  judge,  procurator,  nor  member 
of  any  court,  cap.  9.  pari.  i.Jam.VJ.    Andbycap.5.  par!. 

2.  jam.  VI.  this  acl:  is  extended  to  all  and  whatfcever  of- 
fices, without  any  exception,  ot  reftriclicn,  in  all  time 
coming;  and  fuch  churchmen  as  will  net  fubferibe  the  a- 
bove-mentioned  Confeflion  are  deprived  ;  and  all  fuch  as 
refufe  to  fubferibe  the  fame,  are  to  be  repute  rebels  and 
enemies  to  the  king  and  his  government,  cap.  46.  47.  pari, 

3.  Jam.  VI. 


AftsofAflenv 
bly  for  pre- 
venting of 
witchcraft, 

grounds  for 
apprehend- 
ing of,   and 

how  to  deal 
with  them. 


TITLE    IV. 

Of  Witches  and  Channels. 

§  1.  ("^XJR  General  Aflembly,  July  29th,  1-640,  pr- 
^-S  dains  all  miniflers  carefully  to  take  notice  of 
charmers,  witches,  and  all  fuch  abufers  of  the  people, 
and  to  urge  the  a&s  of  parliament  to  be  execute  againfr. 
them.  By  another  a<ft,  Anguit  19.  104.3,  miniflers  muft 
be  careful  to  infrruc~t  the  people,  prefs  holinefs  cf  life  u- 
pon  them,  and  ufe  the  cenfure  of  the  kirk  againft  profane 
perfons ;  moreover,  let  the  people  feek  knowledge,  (tudy 
to  believe,  walk  in  holinefs,  and  be  inftant  in  prayer;  all 
which  is  propofed  as  means  to  prevent  the  growth  of  witch- 
craft ;  and  further,  presbyteries  are  ordained  to  take  under 
consideration,  by  what  other  ways  cr  means  thefe  fins  may 
be  tried,  retrained,  and  condignly  cenfuied  and  punilhed, 
ccclefiaftically  and  civilly.  In  purfuaace  whereof,  the  Af- 
fembly  Auguft  6.  1649,  for  advifing  anent  the  trial  and 
punifhment  of  witchcraft,  charming,  and  confultihg,  there 
is  a  cornmiffion  granted  to  one  and  twenty  miniflers,  for  a 
conference  in  the  faid  matter,  with  nine  lawyers,  and  three 
phyficians  :  and  in  the  Ailembly  1700,  among  the  im- 
printed a£ts,  you  will  find  a  committee  of  miniflers  appoint- 
ed to  attend  the  Lords  of  council  and  judiciary  concerning 
witchcraft,  when  called  thereto  by  their  Lordfhips.  By 
the  Aflembly  Auguft  5,  1642,  prefoyteries  are  ordained 
to  give  up  to  the  Lords  of  judiciary  the  names  of  witches, 
forcercrs,  and  charmers;  and  becaufe  fuch  fins  proceed 
of  len  from  ignorance,  therefore  all  mimilers  are  ordained 

(efpccially 


Tit.  4.         Church    of    Scotland.         159 

(efpecially  in  the  North,  where  thefe  fins  are  more  fre- 
quent) to  hediiigent  in  preaching,  catechifing,  and  confer- 
ring to  inform  their  people  therein.  By  the  forecited 
aft  of  Aflembly  1 643,  they  declare  the  occafions  of  witch- 
craft to  be  thefe  efpecially,  viz,  extremity  of  grief,  ma- 
lice, paffion,  and  defire  of  revenge,  pinching  poverty,  and 
folicitation  of  other  witches.  They  fay  the  reafons  of  Sa- 
tan's prevailing  are,  grofs  ignorance,  infidelity,  want  of 
love  to  the  truth,  and  profanenefs  of  life.  The  means 
they  propofe  for  bringing  them  to  a  jufl  punifhment,  are, 
that  a  commifnon  be  granted  to  fome  gentlemen  and  ma- 
gistrates, within  the  bounds  of  fuch  prefbyteries  as  fhall 
crave  it,  giving  them  power  to  caufe  apprehend,  try,  and 
execute  juftice  upon  perfons  guilty  of  fuch  crimes.  They 
declare  the  grounds  for  apprehending  witches  to  be  thefe, 
A  reigning  report  of  witchcraft,  backed  with  delations 
of  confeffing  witches,  being  confronted  with  them ;  for  it  -r 

is  found,  that  the  delations  of  two  or  three  confeffing  wit- 
ches hath  ordinarily  proved  true;  as  alfo,  depofitions  of 
honelt  perfons  concerning  evil  deeds  committed,  or  cures 
ufed  by  them,  may  be  a  ground  for  apprehending  them. 
Mackenzie,  on  this  tide,  lays,  that  none  fhould  be  appre- 
hended for  witches  except  it  appear  by  the  event  of  the  in- 
quifition,  that  they  lie  under  many  and  pregnant  prefump- 
tions,  fuch  as,  that  they  are  defamed  by  other  witches  ; 
that  they  have  been  themfelves  of  an  ill  fame,  that  they, 
have  been  found  charming,  or  that  the  ordinary  inflru- 
ments  of  charming  be  found  in  their  houfes;  and  it  is  to  be 
remembred,  that  "  Ad  aMumendas  informations,  fnffici- 
"  unt  levia  judicia,  fed  gravia  requiruntur  ad  hoc  ut  cite- 
"  tur  reus  et  ut  judex  fpeciaiiter  inquirat."  By  the  fore- 
faid  act  of  Aflembly,  after  they  are  apprehended,  honed 
and  difcreet  perfons  fhould  be  appointed  to  watch  them, 
to  prevent  their  being  fuborned,  and  hardened  by  others,  or 
deftroying  themfelves;  and  miniiiers  fhould  be  careful  at 
all  times,  efpecially  morning  and  evening,  to  deal  with 
them,  by  prayer  and  conference,  while  they  are  in  prifon 
or  reftraint. 

§  2.  Witchcraft  was  crimen  utriufqne  fori  by  the  canon  ^j10  are 
law,  and  with  us,  the  kirk  feffion  did  life  to  inquire  into  ^tf^  there- 
it  in  order  to  the  fcandal,  and  take  the  confeiTIon  of  par-  to. 
ties,  or  receive  witneflcs  againft  them  ;  but  fince  Co  much 

weight 


160  Government  of  the     BookllF. 

weight  is  laid  upon  the  depofitions  there  emitted,  they 
fhould  be  very  cautious  in  their  procedure.  By  the  73d 
acl:  pari.  0.  Queen  Mary,  although  inferior  judges  r.',ay 
concur  to  the  punifhmcnt  of  this  crime,  by  apprehending 
and  imprifoning  the  parties  fufpc&,  yet  feeing  the  rele- 
vancy is  oft-times  fo  intricate,  and  the  procedure  requires 
necef/arily  fo  much  arbkrarinefs,  and  the  punifhment  is 
fb  fevere,  upon  thefe  confiderations,  the  cognition  of  that 
crime  fhould  be  folely  appropriate  to  the  juftice  court. 
What  is  re-  §  3.  Paction  to  ferve  the  devil  is  certainly  per  fe^rele- 
levant  to  in-  vant,  without  any  addition,    providing  they  acknowledge 

fer  the  crime  ^       knew  him  to  be  the  devil.     This  paction  is  either 
ot witchcrait.         J    r  c  ,   .  ..  ,  -r       •  1  • 

exprels,    performed  by  a  formal  promife  given  to  him, 

then  prefent,  to  ferve  him;  or  by  prefenting  a  fupplica- 
tion  to  him,  or  by  giving  the  promife,  to  a  proxy  impow- 
ered  by  the  devil  for  that  effeft,  which  he  indulgeth  to 
fome  who  dare  not  fee  himfelf.  There  is  likewile  a  ta- 
cite  paction  with  the  devil,  when  a  perfon  ufeth  the  words 
ot  figns  which  forcerers  ufe,  knowing  them  to  be  fuch  ; 
and  this  is  condemned  as  forcery,  and  is  relevant  to  infer 
the  crime  of  witchcraft :  but  to  ufe  thefe  words  or  (igns, 
when  the  ufer  knows  them  not  to  be  fuch,  if  the  igno- 
rance be  probable,  and  the  ufer  be  content  to  abftain,  it 
is  no  fuch  crime.  Renouncing  of  baptifm  is  mod  rele- 
vant per  fc  to  infer  the  crime  of  witchcraft.  Witches  ufe 
to  confefs,  that  in  fo  doing  they  ufe  this  folemnity,  by 
putting  one  of  their  hands  on  the  crown  of  their  head,  and 
the  other  beneath  the  fole  of  their  foot,  at  which  time  he 
gives  them  new  names. 
The  devil's  §  4-  To  ^el  the  devil's  mark  is  not  per  fe  relevant, 
mark  not  per  unlefs  it  be  confefled  by  them,  that  they  got  that  mark 
fe  relevant,  by  their  own  confent,  quo  cafu,  it  is  equivalent  to  a  pac- 
tion. The  prickers  fay,  if  the  place  blood  not,  or  if  the 
perfon  be  not  fenfible,  then  he  or  fhe  hath  the  mark  ; 
which  is  given  by  a  nip  in  any  part  of  the  body,  and  is 
blue,  as  is  alledged  ;  but  it  is  hard  to  diflingnifh  any  fuch 
Threatnings   marks,  a  ncevo,  clavo,  vel  impertigine  naturali.     Where 

toaoinifcmef  threatnings  are  fpecific,  bearing  a  promife  to  do  a  particu- 
haw relevant.  ,      .,,       °,      ,    r     ,  p  _.'         ,     -  * 

lar  ill,  and  when  charms  are  tiled  to  obtain  its  execution, 

and  when  it  is  known  that  the  threatner  had  a  preceding 

enmity  againlt  the  perfon  threatned,  under  thefe  circurn- 

ftanccs,  "  malum  minatum  <k  damnum  fecutum"  libelled, 

would 


Tit.  4.         Church    of  Scotland.  161 

would  fcem  to  be  relevant :  yet  it  is  fafer  to  punifla  tbefe 
threatnings  with  fome  milder  punifhmcnt  than  death,  as 
crimen  in  flio  genere,  and  not  as  witchcraft.     Indeed  if 
the  perfon  who  tiled  the  charms,  knew  them  to  be  five!;, 
as  witches  and  forcerers  do  make  ufe  of,  for  procuring 
fuch  mifchief,  it  is  relevant  to  infer  witchcraft,  as  hath 
been  laid.     The  tiling  of  magic  arts  or  charms,  though  ufin'g  of 
for  good  ends,  as  for  the  curing  cf  difeafes  in  men  or  charms,  the' 
cattle,  has  no  place  to  make  a  relevant  defence,     Since  ">r  S^od ends 
the  law  cannot  know  exactly  what  emcacy  there  is  m  na« 
tural  caufes,    it  may  very  well  difcharge  ail  fitch  acr.s, 
wherein  there  is  no  neceilary  connection,  inter  caufam  & 
cfTech.un,  as  it  pleafes,  under  the  pain  of  witchcraft :  nor 
can  thefe  who  are  accufed  complain  of  feverity,  (ince  fibi 
imputent  that  ufe  thefe  forbidden  things;  and  therefore, 
ilnce  the  law  and  practice  hath  forbidden  all  charms,  it 
is  mod:  jnft  that  thefe  who  ufe  the  fame  fho  dd  be  fe- 
verely  punifhed,  whatever  the  pretext  be  upon  which  they 
are  uicd,  or  after  whatever  way  and  manner,  or  to  what- 
ever end,  whether  good  or  bad.    Con  fill  ting  with  witches,  CcmMtMz 
when  done  knowingly,  intentionally,  and  in  carneft,  or  a  with  witches 
profeMing  of  necromancy,  which  was   a    prophefying  by  punifhable. 
departed  (pints,  as  alio  predictions  and  refpenies  by   the 
fieve,  and  the  fhear,  and  by  the  bock,  and  ail  fbch  cheats 
and  fpecies  of  forcery.  See  the  7 #d  act,  pari.  9.  of  Queen 
Mary.     When  perfonsare  delated  by  other  witches,  or  per 
defamationem,    which  we  call  common  report,    and  open  mRt\on  |j?" 
fame,  and  thereupon  libelled,  that  article  is  never  ftjftain-  witches  im- 
ed  as  relevant  per  fe   to  infer  witchcraft;  yet  fometimes ports, 
articles  that  are  of  them  (elves  irrelevant,  aie  fuftained  re- 
levant, being  joined  with  that  of  fame  and  delation  ;  but 
it  is  hard,  and  feems  unjuu  to  compofe  a  relevant  libel  out 
of  articles  that  are  per  fe  irrelevant. 

§  5  The  relevancy  of  this  crime  being  difcufied,  the  or-  When  pu- 
dinary   probation  of  it  is  by  confetlion  or  witneffes.     ftf^^^1" 
fhould  be  evident,  t ha t  the  perfon  confeffing  is  not  weary  witches  con- 
of  hie,  or  oppreiTed  with  melancholy.     Albeit  "  bk  nan  feffion,  or  by 
"  femper  requiritur  ut  conltet  de  corpore  delicti,"  this  he-  probation  01 
ing  a  crime   which   conlifts  in  animo,  yet  the  qohfeflion W1 
ought  ro  be  fuch,  as  contains,  nothing  in  it  that  is .  impof- 
fihlc.    It  is  condefcended  by  lawyers,  that  u  fuccubi  &  in- 
"  cubi  Hint  poflibiles,"  that  the  devil  may  lie  in  the  fnape 

Y  of 


1 62         Government    of    the        Book  III. 

of  a  man  with  a  woman,  or  in  the  fliape  of  a  woman  with 
a  man,  having firft  formed  to  himfelf  a  body  ofcondenfed 
air  ;  or  that  he  may  tranfport  witches  to  their  publ  c  con- 
ventions, and  upon  fuch  confeflions  fome  have  been  punifli- 
cd  as  witches.  The  probation  of  this  crime  by  witnefles 
is  very  difficult,  and  therefore  focti  criminis,  or  other  con- 
fcfting  witches  are  adduced  :  but  yet,  thefe  do  not  prove 
witchcraft  folely,  though  dying  and  penitent :  whereas  it 
may  be  doubted  if  the  confulting  of  wTitches  may  not  be 
proved  by  two  of  them  who  wee  confuked  ;  for  if  ibis 
be  not  a  fiifTicient  probation.,  it  may  fometimes  be  impofc 
flb'e  to  pro  e  confulting  any  other  way;  but  if  fuch  be 
fuftained,  why  may  not  .0  it  criminh  be  ailoved  as  habile 
witneffes  The  perfons  injured  by  witches,  are  admitted 
witneiTcs  againft  them,  but  cum  nota,  women  are  received 
witnefTes  in  this  crime.  Witches  do  rarely  weep,  becaufe 
they  are  ordinarily  hardened 
Witches  may  §  6.  It  is  thought  lawful,  by  fome,  for  all  who  are  be- 
be  defired  to  witched,  to  defire  the  bewitchers  to  take  off  the  difeafe, 
take  eft  dif-  providing  the  fame  can  be  removed  by  taking  away  the  old 
eaies.  charm,   without  any  new  application  to  the  devil ;  which 

practice  feems  yet  to  be  forbidden,  If.  viii.  19,  "  And  when 
"  they  ilia'.l  fay  unto  you,  feck  nn:o  them  that  have  fami- 
u  liar  (pints,  and  unto  wizards  that  peep  and  that  mutter: 
"  fhcnld  not  a  people  feek  unto  their  God  ?  for  the  living 
■*  to  the  deadr5>  Yet  it  is  not  unlawful  for  any  to  remove 
the  charm,  or  fign  of"  it,  if  it  be  in  their  power  to  do  it, 
without  any  application  to  the  devil  or  his  inftruments. 
How  they  §  7-  Witches  do  likewife  torment  mankind,  by  making 

torment  by  i- images  of  c'ay  or  wax,  and  when  they  prick  them,  the 
mages, and 01  pgrfons  do  find  extreme  torment,  which  doth  not  proceed 
meat  of  wit-        m  any  m^ucn^e  &efe  images  have  upon  the  body  tor- 
ches, mented,  but  the  devil  doth  by  natural  means  raife  thefe 
torments  in  the  perfen,  at  the  very  fame  time  that  the 
witches  do  prick,  or  pounce,  or  hold  to  the  fire  thofe  ima- 
ges. Witches  confeiTirig  this  manner  of  torment,  may  very 
judicially  be  found  guilty,  fince  r*  conftat  de  corpore  de- 
u  liftj,  de  modo  delinquendi,  &  inirnicitiis  praevHS."  The 
punifhment  of  this  crime  is  with  us  death,  and  the  doom 
ordinarily  bears,  to  be  worried  at  the  ftake  and  burnt. 
Fort-me-tel-        §  8   Fortune-tellers  are  thofe  who  do  profefs  to  reveal 
lers,  w  iO,         ^  ^iXQycv  fecrets,  bv  means  altogether  inept  or  uniavr- 

t incl  now  pu-  •/  <j  i 

nifhed.    "  ™1, 


Tit.  5.         Church   of    Scotland.  163 

ful,  and  they  are  punifhed  with  us  arbitrarily,  not  capi- 
tally ;  and  by  the  Jaw  of  England  cited  by  Mackenzie  on 
this  title,  fuch  perfons  are  to  be  imprifoned  for  the  fpace 
of  a  whole  year,  during  which  time  they  are  to  be  pilior- 
ed  quarterly. 

TITLE    V. 

Of  Jila/phemy,    Cuffing,    -profane    Swearing,    and 

Loiter) . 

§   1.  "OLafphemy  is  a  divine  lefe-majehy  or  tre^lbn,  Blafphemfr 

■*-/    a^d  is  committed   either  by  denying  that  of  Wct  * 
God  which  belongs  to  him,  or  by  attributing  to  him  that 
which  is  abfurd,     Thefe  who  fwear  by  the  head  or  feet  of 
God,  are  guilty  of  this  crime  by  the  canon  law,   "  Viden- 
"  tur  cnim    araplceti   anthromorphitarum    haerefin,     que 
"  membra  Deo  tribuebat."     They  are  alfo,  according  to 
them  punifhable,  who  delate  not  blafphemers. 
.    §  >..  By  the  21ft  cap.   pari    1.  Car  II.  it  is  appointed, Its  Fum^" 
that  whoever,  not  being  diffracted  in  his  wits,    fnall  ra^  fences"a^-ain£t 
upon  or  curfe  God,  or  any  of  the  perfons  of  the  bleflcdit. 
7  rinity,   be  preceded  before  the  chief  juflice,  and  being 
found  guilty,   punifhed  with  death      From  which  act  it  is 
clear,  that  this  crime  can  only  be  tried  before  the  jufiices, 
and  that  diftra&ion   is  only  a  relevant  defence  againft  the 
punifhment.     So  that  paffion,  rufticity,  or  raillery,  excufe 
not.     Yet  if  the  denying  of  God's  attributes,  or  any  of 
the  perfons  of  the  holy  Trinity,   proceed  from  ignorance, 
and  the  denial  be  not  obltinately  perfifted  in,  they  fhould 
be  pitied  rather  than  punifhed.      Jt  feems  to  me  a  good 
defence  againft  the   punifhment  of  blafphemy,  when  one 
is  compelled   to  blafpheme  through  toiture,  as  the  faints 
did  through  the  torments  and  madneis  of  Saul's  perfecution, 
Acts  xxvi.  1 1.  and  Solomon,  Eccl.   vii    7.  fays,  "Surely 
*•  opprelHon  maketh  a  wife  man  mad  •"  that  is,  it  maketh 
him  fpeak,  or  act,  like  a  madman. 

§   .».   i3y  the  103d  cap.  Jam.  VI.  pari.  7.  magistrates  to  How  curfing 
burgh  and  landward,  are  ordained  to  appoint  cenfors  in  pu-  and  profane 
blic  markets  and  fairs,  with  power  to  exact  the  pains  0f  bearing  is 
fwearing,    and  that  houfcholders  delate  offenders  within  ^e  defences 
their  houfes,  under  the  pain  of  beng  efteemed  as  offenders  againft  its  pu- 

Y  2  them-  niihment. 


1 64         Government    of    the        Book  III. 

themfelves.  By  cap.  16.  pari.  5.  Queen  Mary,  particu- 
lar pains  are  ordained  againfl  profane  bearers,  with  gra- 
dual augmentations,  and  ending  in  banifhment :  which  acts 
are  ratified  by  Charles  II.  pari.  1.  fed.  1.  cap.  19;  and 
farther  it  is  enacted,  That  who  fhall  fwear  or  curfe, 
ftiall  pa}',  the  nobleman  20  pounds,  the  baron  20  merks, 
the  gentleman,  heritor,  or  bmyefs,  jo  merks,  the  yeoman 
4.0  fhiilings,  the  (crvant  20  (hillings,  toties  quoties\  and 
the  minifter  the  fifth  part  of  his  (Upend,  to  be  applied  to 
pious  ufes,  the  one  hair  in  the  parifn  where  the  offence 
was  committed,  and  the  other  half  ro  be  betwixt  the  in- 
former and  proiecutor,  and  other  ufes,  at  the  fight  of  the 
judges,  as  in  the  act  about  juftices  of  the  peace;  and  the 
info! vent  to  be  punifhed  in  their  pcrfons.  By  the  French 
church -dlfcipiine,  cap  14.  art.  14.,  profane  fwearers,  who, 
through  cuftpm  or  anger,  take  the  name  of  God  in  vain, 
after  one  or  two  admonitions,  if  they  defift  not,  fhall  be 
fufpended  the  Lord's  table:  fo  that  cuftom  and  paffion 
do  not  defend  againfl  puniikment.  But  whether  pailion 
will  excufc,  at  leaff.  in  parr,  from  being  puniihed  as  a 
fvvearer  and  curfer,  when  provocked  thereto  while  employ- 
ed about  lawful  hone<i  bufinefs,  I  think  needs  be  no  dif- 
ficult queffion;  yet  no  lawyer  will  hy,  that  anger  doth 
leflen  this  vice,  committed  by  him  who  is  unlawfully  em- 
ployed, as  in  playing  at  cards,  or  in  exceffive  and  unfea- 
fonabledrinking  :  fee  Mackenzieon  the  Criminal  law,  p.  26. 
Lottd^fomer  §  4.  There  is  a  lottery  which  is  necefTary,  and  ufeful 
times  .lawful,  jn  fomc  cafe3t  for  ending  of  debates  and  controverfies  a- 

tlmes  not "  monS  men  »  as  ^or  cxamP*e;  where  there  is  one  adjudication 
in  favours  of  divers  creditors,  they  muff  have  their  prefer- 
ence by  lot,  in  choice  of  the  rooms  of  lands  adjudeed,  See 
Stair's  Inflit.  p.  75.  626,  and  (48.  So  the  land  of  Canaan 
was  divided  among  the  Ifraelites  by  lot.  liut  there  is  a 
Julbry  lottery,  fuch  as  playing  at  cards,  &c.  which  is  con- 
demned by  the  practice  of  molt  who  have  the  commenda- 
tion of  good  Chriftians  in  this  church  ;  and  by  the  Aflembly 
1 638,  feff  23.  2  ±.  art.  9.  carding  and  diceing  are  noted 
as  unlawful  games:  and  by  the  ^oth  canon,  Concil.  fexti 
in  Truilo,  "  Nullum  omnium,  (i\e  clericum,  five  laicum 
"  ab  hoc  deinceps  tempore  alea  ludere  permittimus,  fiquis 
11  autem  hoc  deinceps  facere  ab  hoc  tempore  aggreffus  fu- 
"  erit,  fi  fit  quidern  clericus  deponatur,  fi  laicus,  fegrcge- 


"  tur  " 


Tit.  6.         Church    of    Scotland.  165 

"  tur."  To  difcourage  this  kind  of  lotrery,  it  is  enacted, 
by  James  VI.  pari.  23.  rap.  14.  that  none  play  at  cards  or 
dice  in  any  common  houfe,  town,  hoftelry,  or  cook's 
houfe,  under  the  pain  of  forty  pounds  to  the  keeper  of  the 
faid  houfe  for  the  firlt,  and  lofs  of  liberty  for  the  fecond 
fault ;  and  that  there  be  no  playing  in  a  private  houfe,  ex- 
cept where  the  mailer  plays;  and  if  more  be  won  in  twen- 
ty four  hours  than  one  hundred  merks,  it  fhall  be  confign- 
ed  in  the  kirk  treafurer's  hands  in  f.dinbnrgh,  or  in  the 
collector  for  the  poof  his  hands  in  the  country.  And  ma- 
turates of  burghs,  and  fberirTs,  and  juutces  of  peace  in 
the  country,  are  impowered  to  purfue  for  the  fuperplus 
winning,  or  otherwife  are  declared  liable  to  the  informers 
for  the  double  j  whereof  the  half  to  himfelf,  the  other  to 
the  poor. 

TITLE    VI. 

Of  the  Profanation  of  the  Sabbath  ;  of  not  obfervim 
Faft  and  Thankfgiving  Days;,  of  Withdraw ers 
from,  and  Difturbers  of  the  Public  Worjhip,  and 
Obfervers  of  Super fthions  Day, 

§  I .  HP  HE  Aflembly  difchargelh  the  breach  of  the  Sab-  Hoy  profa- 
■*■-    bath  by  labouring  either  in  feed-time  or  harvefi,  o"^11^  *.* 
or  by  going  of  mills,  falt-pans,  fifhing  Salmon,  or  white  cenfured  and 
fidi,  under  pain  of  incurring  the  cenfuresof  the  kirk ;  and  puniiked. 
for  preventing  its  profanation,  they  appoint  both  diets,  fore 
and  afternoon,  to  be  kept  even  in  landward  for  public  di- 
vine fervice,    1 7th -December   1638,  and  fefT  2r  1639, 
The  AfTembly  likewife  declares,  that  thefe  ac~ts  made  a- 
gainfl  breach  of  the  Sabbath,  fhall  not  only  reach  the  fer- 
vants,  who  actually  work,  but  alfothe  fame  fhall  be  exten- 
ded againft  their  mafters  and  hirers,   14th  Auguft    1643. 
By  acl:  of  AfTembly  1  8th  June   1 6  4.6,  all  fuch  fkippers 
and   failors  who  begin  any  voyage,  or  loofe  any  ihips, 
barks,  or  boats,  out  of  road  or  harbour  on  the  Lord's  day, 
are  to  be  cenfured.     By  fefT.  38.  164^,  eiders  are  to  take 
notice,  how  fuch  as  are  within  their  bounds  keep  the  kirk, 
and  how  the  time  is  (pent  before  and  after  public  worfhip. 
By  the  25th  acl:  of  Aflembly  1 690,  all  unneceflary  failing 

and 


i66         Government    of    the       Book  III; 

and  travelling  is  prohibited  on  the  Lord's  day.  Item,  By 
aft  of  Affembly  1705,  fefT.  1  .  minifters  are  to  contribute 
their  endeavours  for  fuppreffing  grofs  profaning  of  the 
Lord's  day,  elpecially  idle  drolling  on  the  ftreets  of  Edin- 
burgh, peer  and  fhcre  of  i  eith,  KingVpark.  &c  and  that 
by  an  impartial  and  prudent  exercife  of  difcipline.  By  the 
1  2th  aft  of  -\flembly  17  &,  for  the  better  obfervation  of 
the  L<-r  's  day,  they  appoint  fome  to  be  fent  from  each 
presbytery  within  this  church  to  attend  the  Lords  of  jufti- 
ciary,  at  their  circuit  within  their  bounds,  and  then  to  re- 
prefent  the  profanation  of  the  Lord's  day  by  travelling 
thereupon,  carrying  goods,  driving  of  cattle,  and  other  a- 
bufes;  and  they  ferioufly  recommend  it  to  the  laid  Lords, 
to  reftrain  and  puniili  the  forefaid  abufes,  which  :he  Af- 
fen.bly  will  acknowledge  as  a  lingular  fervice  cone  to  God 
and  this  church.  And  all  minifters  areinjoined,  to  adver- 
tife  their  people,  among  whom  fuch  practices  are,  of  the 
great  ha  ard  their 'immortal  fouls  are  thereby  in  ;  and  that 
if  they  continue  therein,  there  will  be  a  neceiTity  to  reprc- 
fent  -hem  as  fuch  tranfgreilors  to  the  forefaid  Lords.  So 
much  refpeft  doth  our  law  pay  to  -the  Sabbath  or  [  ord"s 
day,  that  it  cannot  betaken  for  redemption  of  lands,  and 
a  wood  fetter  cannot  be  obliged  to  attend  and  perform  the 
requifites  of  confignation,  by  numeration  of  money,  peru- 
fal  of  writs,  and  fubferibing  a  renunciation  on  the  Sabbath 
day.  It  is  relevant  to  allcdge,  that  an  arreftment  or  horn- 
ing is  null,  as  being  execute  upon  a  Sabbath  day;  and 
poinding  o  the  Lord's  day,  or  on  folemn  days  appointed 
by  church  or  date  for  humiliation  or  thankigwing,  are  void 
and  punifiiable,  See  Stair's  lnflit.  p.  3  -,6,  37^,  41 1,  and 
728.  And  if  the  law  did  not  thus  order  it.  the  confeien- 
tious  obfervers  of  the  Lord's  day  would  certainly  be  mo- 
lefted,  and  advantage  raken  of  them  by  wordly  wretches, 
and  contemners  of  holy  things.  By  cap.  70.  pari.  6.  Ja.  VI. 
gaming,  playing,  pailing  to  taverns,  or  alehoufes,  feilmg 
of  meat  and  drink,  and  willful  remaining  from  kirk  in 
time  of  fermon  or  prayers,  is  difcharging  under  the  pain 
of  twenty  millings,  and  if  the  orT^nders  be  unable  to  pay, 
they  are  to  be  put  in  the  iiocks  or  joggs.  Item,  By  cap. 
18.  fefT  1.  pari-  1.  Car.  II  all  ialmon  fiming,  going  of 
falt-pans,  mills  or  kills,  hireing  of  mearers,  carrying  of 
loads,  keeping  of  markets,  and  ufing  of  merchandise  on 

that 


Tit.  6.        Church    of    Scotland.  167 

that  dav»  and  all  other  profanations  thereof  are  difcharged, 
under  the  pain  of  twenty  pounds  for  fait  pan,  mill,  or 
kill,  and  ten  pounds  tor  each  other  profanation,  to  be  ap- 
plied as  in  title  5.  §  j,  and  that  the  info! vent  be  punilhed 
in  their  perfons.  By  the  1  4th  act  of  pari  1  b  ^,  it  is  de- 
clared lawful  to  all  burghs,  not  only  of  royalty,  Hut  of 
regality,  barony,  and  villages,  and  kirk  towns,  whole  week- 
ly markets  are  kept  on  Mondays  and  Saturdays,  to  change" 
and  alter  the  fame  And  the  laid  burghs  and  villages  are 
to  make  timeous  intimation  of  the  change  to  the  next  adja- 
cent burghs,  and  providing  they  pitch  not  upon  the  mar- 
ket days  of  any  burgh  royal,  or  of  any  other  market  town 
within  four  miles. 

§  2.  King  Charles  I.  was  prevailed  on  by  Laud  and  his  Howfome 

faction  (little  to  his  credit)  to  publifh.  his  declaration  con-  proclamatj- 

1       ,        if     1         c\  ons  allowing 

cerning  recreations  on  the  Lord  s  dayarter  evening  prayer,  tiieprofanin{j 

dated  itfth  October,  in  the  th  year  of  his  reign  which  he  0f  the  Lord's 
founds  upon  another  of  his  fathers  to  the  fame  purpofe  in  day,  agree  ^ 
the  year  161  «.  He  declares  his  plea fure  was,  that  his  ^lth  tlie  cml 
good  people  fhould  not  be  hindered  after  the  end  of  divine 
fervice  on  Sundays  from  their  lawful  recreations  fuch  as 
dancing,  either  men  or  women,  archery,  leaping,  vaulting 
nor  from  having  of  May-games,  Whirion  ales,  Morris- 
dances,  and  letting  up  of  May-poles,  or  other  fports  there- 
with ufed,  but  he  debars  from  the  privilege  of  thefe  fports 
all  rccufants  that  abitain  from  coning  to  church  and  divine 
fervice  Flow  this  agrees  with  the  civil  law;  you  may  fee 
in  the  end  of  the  title  de  feriis,  in  Juftinian's  codex  "  Do- 
44  minicnm  diem  ita  femper  honorabilem  decernimus  et 
*'  venerandum,  ut  a  cun<ftis  executionibus  excufetur,  mil- 
M  la  quenouam  urgeat  admonitio,  nulla  fide  juflionis  fla- 
;  "  gitotur  exaclio,  taceat  apparitio,  advocatid  deliftecat.  Sit 
M  ilie  dies  a  cognitionibusalienus,  prceconis  horrida  vox  ft- 
<;  lefcat,  refprrent  a controveras luigantes.  Et-poftea,  nee 
"  hujus  tamers  religion  diei  otio  relaxantes,  obfeaenis  quen- 
"  quam  patimur  voluptatibus  ditineri,  nihil  eodem  die  iibi 
"  yendicet  fcaena  theatralis,  aut  circenfe  certamen,  aut 
"  ferarum  lacrymofa  fpectacula;  et  fi  in  noftrum  natalem 
"  celebranda  foiemnitas  inciderit  differatur." 

§  ., .  The  non-obfervers  of  fait  and  thankfgiving  days,  Non-obfer- 
may  be  punilhed  as  profaners  of  the  Sabbath,  i  mean  at  vers  °/*aA. 
leait,  with  the  like  puniihment  j  for  by  the  acts  of  pari i-  ^vin^days 

ament  punifhable. 


1 68         Government    of    the       Book  III. 

ament  1693  and  1695  appointing  fafts,  the  not-obfer- 
vers  are  puniftied  more  feverely  ;  and  I  know  nothing  to 
hinder  the  church  from  cenfuring  fucb,  as  they  do  profan- 
ers  of  the  Sabbath. 

Difturbers  of      §  4-  By  caP-  27-  par^  J *  •  Jam-  VI .  it  is  enacted,  That 
public  wor-    troublers  of  the  kirk,  or  who  raife  any  fray  therein,  or  in 
fbip,  how  pu-  the  kirk-yard,  in  time  of  divine  fervice,  be  punifhed  by 
1ofs  of  all  their  moveables.    If  the  magistrate  be  prefent, 
no  doubt,  he  max  ordain  the  diilurbers  to  be  removed,  and 
fecured,  till  thev  find  bail  to  anfwer  therefor. 
f       §3.  By  the  aft  of  Aflembly  13th  February  '645%  it 
fuperftitious    1S  unanimoufly  ordained,  That  the  obferver  of  Yule-day, 
days  cenfu-     or  other  fuperfhti  us  days,  fhall  be  proceeded  againft  by 
rable.  kirk  cenfures,  and  ihall  make  their  public  repentance  there - 

thr  in  the  face  of  the  offended  congregation.  And  if  mat- 
ters of  fchools  or  colleges  grant  vacancy  on  that  day,  they 
are  to  be  cited  to  anfwer  to  the  next  Aflembly  by  the  mi- 
nisters of  the  place;  and  no  vacancy  is  to  be  granted  at  that 
or  any  time  thereafter  in  compenfaiSon  thereof.  And  ft  hol- 
lars guilty  herein,  are  to  be  corrected  by  their  matters  ;  but 
if  they  refufeto  fabjeel  themfelves  to  correction,  or  be  fu- 
gitives from  difci-  line,  they  are  not  to  be  received  into  a- 
ny  other  fch<x>l  or  college  within  the  kingdom,  By  the 
2*d  cap.  fern"  2  pari.  K.  William  and  Q^Mary,  the  keep- 
ing of  Yule  vacancy,  and  all  obfervation  thereof,  is  dif- 
cltarged. 
The  church  §  fe.  This  church  hath  no  anniverfary  feaft  or  fcflival 
of  Scotland  days,  but  doth  only  fet  apart  a  day  or  days  for  thankf- 
hath  no  an-    giving  or  humiliation,  as  emergent  providences  do  call  for. 

SfeS^!  By the  ift  *  p*1-  ■$■  -ITn- VI  thc  5th  day  of  Auguil 

'  is  appointed  to  be  a  day  of  thankfgiving  to  God,  for  King 
James  his  prefervation  from  the  treafbnable  attempt  of  t  e 
barl  of  Gowrie  and  his  brother ;  but  the  truth  of  this  mat- 
ter being  much  queitioned  By  many,  it  never  received  ti- 
ns verfal  obedience,  and  at  length  turned  wholly  into  dc- 
fjemde.  By  pari.  1.  feiT.  1,  cap.  17.  and  pari.  2  fed'  J. 
cap.  1 2.  Car.  II.  the  ^th  day  ot  May  is  appointed  for  the 
folemn  commemoration  of  his  birth  and  reiteration  ;  and, 
for  that  end,  that  it  be  fet  apart  as  a  holy  day  unto  the 
Lord  But  one  of  the  reafous  why  the  Prefbyterians  did 
not  keep  this  day  is,  becaufe,  in  the  aft  of  parliament  ap- 
pointing it,  there  is  a  long  preface  full  of  black  afperfions 

upon 


Tit.  7.         Church    of     Scotland.  169 

upon  the  whole  church  and  nation,  and  fuch  reflections 
upon  religion  and  the  work  of  God,  as  cannot  be  read  with- 
out horror.  -And  they  were  followed  with  a£te  that  de- 
ftroyed  the  church-government,  contrary  to  the  national 
folemn  engagements,  and  gave  a  deep  wound  to  true  reli- 
gion ;  fo  that  however  the  King's  reftoration  might  orher- 
wife  have  been  matter  of  joy,  yet  in  this  refpecl  it  could 
not  be  fo  to  any  in  this  land  that  had  a  true  regard  for  the 
intereft  of  religion.  Our  PreiatiMs  did  ufe  to  obferve  the 
30th  day  of  January,  as  an  humiliation  day,  becaufe  upon 
it  King  Charles  1.  was  beheaded  in  England,  by  the  autho- 
rity and  power  of  the  ufurpers  and  feclaries  there;  but 
though  that  horrid  facl  wasftill  detefled  and  abhorred,  both 
by  this  church  and  kingdom,  yet  we  never  would  obferve 
it,  becaufe  of  our  notour  innocence  in  that  matter.  It  is 
true,  it  is  our  duty  to  mourn  for  the  Mns  of  others,  but 
not  as  our  own  fins,  except  we  have  had  fome  finful  a&ive 
acceffion  thereto. 

§7.   It  is  not  to  be  reputed  an  obferving  of  fuperfti-  What  is  not 
tious  days,  when  people,  in  obedience  to  civil  authority,  puperftitloq* 
j         /-    •     r  ]    1     1  v  1  n    n    obferving  of 

do  refrain  from  work  thereupon,  according  to  the  2  lit  act,  gays. 

cap.  14,  of  the  French  church  difcipiine. 

TITLE    VII. 

Of  [lander  ing,  and  affaulting  of  Miniflers,  beating 
and  curfing  of  Parents,  and  Injuries  perfonal  and 
real. 

§  1.  "O  Aifing  of  fcandals  and  prejudices  againlt.  minifters,  slandering  of 

<*\  being  fo  obftrucYive  to  the  fuccefs  of  the  gofpel.minifters  'to 
the  Aflembly,  by  their  acl  Auguft  6.  1642,  doth  ordain  be  cenfured. 
prefoyteries  and   fynods  to  proceed  diligently  againft  all 
perfons  that  fliall  reproach  miniflers,   with  the  cenfure  of 
the  kirk,  even*  to  the  higheft,  according  to  the  degree  and 
quality  of  the  fcandal. 

§2.  By  the  27th  aft,   pari.   1  r.  James  VI.  and  a&  *\  Violence  of. 
pari.  1.  Car.  1.  and  atf:  5.  fed]  1.  pari.  2.  Car.  II.  it  is  "P-*^*^ 
pointed,  that  who  invades  or  puts   violent  hands,  or  offers  punif]ieci. 
violence  to  miniders,  by  themfelves,  their  men,  tenants,  or 
fervants,  or  any  others  of  their  hounding  out  or  allowance, 
for  whatever  caufe,  fliall  be  punifhed  by  tin  (el  of  move- 

Z  ables, 


170  Government    ofthe      Book  III. 

ables,  the  one  half  to  the  King,  and  the  other  half  to  the 
party  offended,  for  the  violence  allenarly;  but  prejudice 
of  greater  punihV  ent,  if  any  higher  crime  concur,  fuchas 
mutilation  or  Slaughter ;  and  that  landlords,  heritors,  and 
chiefs  of  clans,  where  the  invaders  dwell  or  haunt,  be  hol- 
den,  upon  complaint  of  the  party,  to  exhibite  them  ;  and  if, 
after  legal  intimation  made  to  the  (aid  landlords,  &c.  the 
faid  delinquents  be  found  within  their  bounds,  haunting 
openly  for  ten  days,  that  they  be  holden  as  connivers,  and 
be  obliged  to  exhibite  them  under  the  like  puniihment: 
But  by  the  «:?th  acl  of  parliament  1685,  it  is  ordained,  that 
vthofoever  (hall  be  found  guilty  of  afTaulring  the  lives  of 
minifters,  or  of  invading  or  robbing  their  houfes,  or  actual- 
ly attempting  the  fame,  fhall  be  punifhed  with  death. 
§  3'  £y  tne  ,otn  a&>  feiT  >•  l*irl«  *•  ^ar-  11-  beating  or 
j2jL  ^  ?  ,  turfing  of  parents  is  declared  to  be  punifhable  by  the  law 
reutshowpu-  ^f  God  with  death,  and  therefore  ordains,  that  vvhatf  ever 
nifhable.  fon  or  daughter,  above  the  age  of  fixteen  years,  and  not 
diffracted,  fhail  beat  or  curfe  his  father  or  mother,  he  fhall 
die  without  mercy  ;  but  if  they  be  within  the  age  of  fix- 
teen, and  pafl  pupillarity,  they  are  to  be  punifhed  arbi- 
trarily. 

§  4.  Verbal  injuries  are  committed  by  unwarrantable 
rieawhat^"  exPre&ons>  as  t0  ca^  a  man  a  cheat.  Calvin,  in  his  lexi- 
con jundicum,  fays,  1  hat  ll  Diffamare  eft  per  diverfas 
"  partes  famam  divulgare,  facia  vitiorum  commemorati- 
"  one."  In  libelling  of  fuch  injuries,  there  is  requifite, 
iff,  that  the  particular  expreffions  be  diflinclly  cond  icend- 
ed  on,  that  the  injury  may  be  accordingly  eftimate.  Next, 
that  the  calumniandi,  or  injuriandi  animus,  the  defign  of 
injuring,  as  well  as  the  injuring  words,  muff  be  libelled 
and  proven,  except  the  words  infer  fo  clearly  the  injury, 
that  there  is  no  necefhty  to  libel  the  defign.  In  the  laft 
place,  that  the  purfuer  did  prefently  refent  the  injury,  and 
thereupon  did  fignify,  either  exprefsly,  or  by  fome  other 
ac~b,  his  diflatiff  a&ion  therewith ;  for,  if  he  was  of  fuch 
a  temper  as  not  to  fignify  any  refentment  thereof  at  fir  ft, 
the  law  will  not  allow  him  to  repent  of  that  good  humour, 
J3ockelman,  in  his  compend.  ofthe  inilitutions  of  the  civil 
law,  fays,  that  "injuria  e^t  delictum,  quo  quid  ad  contume- 
?;  liam  vel  dolorem  alterius  admittitur."  And  by  the  canon 
law,  it  is  "  dictum  vel  fa&um  alterius  famam  vel  dignita-, 


Tit.  7.        Church    of    Scotland.  17 1 

"  tern  minuenft,*1  Sometimes  injuries  are  inferred,  not 
only  from  exnrefs  words,  but  even  from  the  prefumptive 
meaning  of  the  fpeakers,  as  to  look  in  a  man's  face  and 
fay,  I  am  not  fuch  a  Iyer  as  others  are ;  or,  to  fay  flan- 
tingly  to  a  clergyman,  you  are  a  fine  church-man  indeed. 

§  5.  Since  injuries  are  efhmate,  according  to  the  defign  whatdefends 
of  the  offender,  it  follows  that  men  who  are  fools,  idiots,  againft  the 
very  young,  or  very  drunk,  are  not  punifhable  for  verbal  punifliment 
injuries,  except  the  offender  did  become  drunk  upon  defign  re^  oinJu* 
to  offend:  and  great  paifion,  which  breaks  off  all  defign- 
ing,  juita  et  non  affeftata  ira,  excufeth  alfo  in  this  cafe. 
The  relatirg  alfo  of  what  we  have  heard  from  good  au- 
thors, who  defign  no  prejudice,  is  fufficient  alio  to  defend' 
againft  the  pnniihment  due  to  injurers. 

§  6.  Real  injuries,  according  to  that  forecired  Civilian,  Real  inju- 
are  "  cum  quis  pugno  pulfatur,  fuflibus  csditur,  verbera-  nes  what. 
"  tur,  cumque  bona  ejus  qui  nihil  debet  nt  debitoris  pof- 
<c  fidentur  cum  quis  vexandi  caufa,  in  jus  vocatur,  aliudve 
"  quid  ad  invidiam  alterius  fit  vel  geritur."  Macken- 
zie, on  this  title,  tells  us,  real  injuries  are  committed  by 
hindering  a  man  to  ufe  what  is  hi)  own,  by  removing  his 
feat  out  of  its  place  in  the  church,  by  giving  a  man  medi- 
caments which  may  affront  him,  by  arrelting  his  goods  un- 
juflly,  by  wearing,  in  contempt,  what  belongs  to  another 
man  as  a  mark  of  honour,  by  razing  fhamefully  a  man's 
hair,  or  beard,  or  by  offering  to  ftrike  him  in  public. 

§  7.  Libelh  famofr,  that  is,  infamous  libels  are  the  rr.oftJnfamons  Ii- 
permanrnt  of  all  injuries ;  for  the  offender  in  them  fhews  bcIs  called 
more  defign,  and  therefore  are  more  feverely  punifhed  ;  Z  //lv?iant 
which,  with  us,  is  arbitrary,  except  where  the  prince  is  kow  punifo- 
malicioufly  and  defignedly  abufed.      He  who  writes,  die-  ed,  and  its 
tates,  or  affixes  infamous  libels,  or  caufes  write,  dictate,  defences. 
or  affix  them,  is  punifhable.    if  the  offender  was  a  minor, 
or  was  provoked;  or  if  he  did  tear  it  before  it  was  fully 
written,  or  after  it  was  affixed,  confefled  his  fault,  and  faid 
he  only  did  it  out  cf  paifion  ;  or,  if  what  was  faid  was  true, 
thefe  things  will  leiTen  the  punifhment. 

§  a.  According  to  our  law,  verbal  injuries  are  punifhed  ^j10  are 
by  the  commiflars,  except  they  were  committed  againft  a  judges  com; 
magiftrate :  in  which  cafe,  the  council  or  criminal  court  u-  petent, 
fes  to  amerciate  them,  efpecially  when  he  is  fpoken  againft 
in  the  exercifc  of  his  office  :  but  real  injuries  may  be  pur- 

Z  2  fued 


172         Government    of    the     '     Book  JIL 

fued  before  the  council  or  criminal  court.  Ey  the  civil  law 
Verbal  injuries  are  extinguished,  if  they  be  not  purfued 
within  a  year,  or  by  pofterior  exprefs  friendfhip. 
How  church  §  9.  When  the  complaint  confifts  of  fome  injury  done  to 
judicatures  tne  complainer,  it  is  fit  that  the  church  fliould  endeavour 
aieto  e  ave  lQ  corr,p0fe  an(J[  remove  fuch  differences  privately;  but  if 
in   procefles  r  .  r  •    ,    r         ,  ,r  •  j    1    1      • 

for  calumny.   me  bringing  or  it  before  them  cannot  be  got  avoided,  let  it 

rather  be  tabled  by  order  of  the  elderfliip,  than  purfued  at 
the  inftance  of  the  complainer,  becaufe  thus  the  thing  as 
icandnlous  may  be  more  abftractly  considered,  the  perfon 
more  eafily  convinced,  and  the  heat  of  parties  prevented. 
But  if  parties  will  enter  their  own  complaint,  let  them  be 
acquainted,  that  they  are  not  to  expect  that  the  church  can 
civilly  punifh  the  injury,  but  they  are  to  be  exhorted  to 
pardon  it  as  to  any  vindictive  humour,  and  told,  that  it  is 
only  their  bufinefs  to  remove  the  fcandal,  and  gain  and 
pleafe  parties,  to  their  edification.  And  I  fnppofe  the  ca- 
lumniator complained  of  mould  prove  what  he  aljedged  a- 
gainft  the  purfuer,  yet  even  that  cannot  vindicate  him  al- 
together, except  the  end  of  his  devulging  it  appeareth  real- 
ly to  be  his  brother's  edification :  See  Durham  on  Scandal. 
Upon  the  whole,  where  there  is  no  probable  ground  toexpect 
edification  in  giving  way  to  fuch  procefles,  according  to  that 
author,  it  were  expedient  for  the  church  altogetherto  wave 
them. 

TITLE    VIII. 

Of  Bribery,  Partiality,  and  Negligence  of  Judges. 

Bribing  §    1.  TT  is  to  no  purpofe  to  make  good  canons  and  con- 

■what.  -*-  flitutions,  if  the  execution  of  them  be  not  com- 

mitted tojuft  and  diligent  perfons;  as  it  is  to  no  purpofe 
to  have  an  exact  balance,  if  that  balance  be  not  put  in  a 
good  hand.  Bribing  is  the  taking  of  money  or  other  good 
deeds,  either  for  doing  of  juftice,  or  committing  of  inju- 
ftice.  And  if  they  be  taken  upon  that  account,  whether 
by  the  judges,  their  wives,  children,  or  fervants,  the  judge 
is  thereby  guilty  as  if  done  by  him felf,  providing  the  fame 
be  done  by  his  command  or  ratihabition. 
Partial  jadg-  §  2.  Judges  are  partial,  when  they  are  moved  to  act,  or 
8  who.  forbear,  either  for  fear  of  angering  and  difobliging  parties, 

or 


Tit.  9.        Ch urch  of  Scotland;  173 

or  from  a  defign  and  love  to  gain  their  favour.  By  the  aft 
ofAflembly  lothAugull  164.8,  impartial  church  proce- 
dure is  propofed  as  a  general  re  \  edy  againft  rhe  growing 
of  (ins  in  the  land.  And  the  AfTembly  j  ith  June  1097, 
appoints  minifters  and  members  of  kirk-feffions  impartially 
to  exercife  church  difcipline;  and  excites  them  thereunto, 
by  putting  them  in  mind,  that  in  thefe  matters,  they  have 
to  do  with  the  great  and  terrible  God,  whofe  honour  and 
favour  is  to  be  preferred,  and  whofe  wrath  and  anger  is  to 
be  feared  before  all  other  considerations  whatfoever.  By 
the  104  act,  pari.  7.  Jam,  V.  con  fill  ting,  or  giving  partial 
judgement,  or  taking  of  bribes,  is  declared  infamous  in  any 
judge.  By  the  93d  aft,  pari.  6  Jam.  VI.  the  taking  of  bribes 
is  difcharged  to  the  lords  of  feffion,  their  wives  and  fer- 
vants,  under  the  pain  of  infamy  and  deprivation. 

§  3.  By  the  laws  of  this  and  other  well  governed  nati-  Negligence 
ons,  judges  negligent  in  putting  laws  to  execution,  are  pu-  of  ecclefiafti* 
niffiable  for  their  remiifnefs  and  negligence.     And  by  aft  cenforfbb 
ofAflembly  January  30.  16^5,  it  is  enafted,  that  whate- 
ver minifter  or  member  of  fe&i'.m,  be  found  faulty  in  ne- 
glecting to  purfue  the  fcandals  therein  mentioned,  in  their 
flations,  the  (aid  minifler  or  member  of  feflion  be  complain- 
ed of,  and  cenfured  by  the  prefbytery  for  the  firil  fault, 
and  that  the  cenfure  be  recorded,  and  that  the  fecond  ne- 
gligence be  delated  to,  and  cenfured  by  the  fynod;  and 
for  the  third  negleCl,  they  be  cenfured  by  the  fynod  with 
fufpenfion  from  their  office,  which  is  to  be  recorded  in  the 
fynod  regifter,  See  book  4.  tit.  5, 

T  I  T  L  E     IX. 

Of  Deforcement  of  Officers. 

§    t.  T_TOW  citations  are  fometimes  appointed  to  be  ex-  Deforcement 

-*-  -■-  ecute,  for  preventing  of  deforcement,  fee  lib.  what. 
,1.  tit.^2.  feft.  6.  deforcement  is  that  force  or  violence 
which  oppofeth  church  officers  while  they  are  in  the  exe- 
cution of  the  orders  and  appointments  of  church  judica- 
tures. But  if  any  officer  want  his  orders  in  writing  along 
with  him,  the  violence  offer ed  to  him  in  that  cafe  cannot 
be  efpoufed  by  church-courts,  as  an  indignity  offered  to 
them,  otherwife  ftrangers-  might  be  emboldened  to  affront- 

others 


174         Government   of    the         Book  Til. 

others,  by  afTuming  and  pretending  their  authority  There- 
fore, when  any  injury  is  offered  or  committed  againft  fo 
unexact  and  negligent  church  officer,  it  is  only  to  be  re- 
fented  as  if  it  had  been  done  him  when  going  about  his 
own  affairs. 

Who  are  ha-       r  2   Whoever  may  be  admitted  witnedes  for  proving  of 
bile  witneiies      .  rr  \      r  n   •      i  m         r  i 

of  deforce-     other  off -nces  may  be  iuttained  as  witneiies  to  prove  the 

merit.  deforcement    otherwifc  it  may  never  be  proven ,  but  then 

the  witnefles  mull  not  be  purfuers  or  complainers,  even 

though  they  were  abufed  ;  and  if  they  do  depone  of  any 

wrong  done  to  themfelves,  they  may  be  rejected  as  preju- 

dicate  witnefies. 

TITLE    X. 

Of  Murder,  Paricide,  Duels,  and  Self-Murder. 

Thatthefe     §   i.    A  Mong  the  ecclefiaftical  remedies  enacted  againft 
crimes  come  A  profanetiefs,  Auguft  to.  '648,  art  5.  it  is  pro- 

under  church  pQr*ec|  t0  tne  confideration   of  prefbyteries,    how  murder 
0  '    fhould  be  cenfured,  in  cafe  the  magiftrate  do  not  his  duty 

in  punifhing  it  capitally.  And  in  that  form  of  procefs, 
hereto  fiibjoined,  enacted  by  AlTembly  iycy,  cap  6.  art. 
1  murder,  among  diver.,  horrible  crimes,  is  there  enume- 
rated as  the  object  of  the  church's  cognizance.  It  is  not 
improper  that  church-men  underiland  ibmewhat  of  the  laws 
and  cuitoms  relating  to  criminal  matters,  the  relevancy 
and  puniiliment  of  many  crimes  being  either  founded  up- 
on or  expreffed  in  the  word  of  God,  whereof  they  are  the 
authorifed  miniftenal  interpreters.  It  is  true,  it  may  be 
feared,  that  church  difcipline  (hall  have  but  (mall  fuccefs 
upon  cbdured  or  monftrous  criminals  ;  yet,  it  being  a 
mean  appointed  by  Jefus  Chrift  for  reclaiming  of  tinners] 
it  fhould  on  that  account  be  tried,  and  no  more  neglected 
than  his  word  and  facraments,  which  very  often  have  no 
better  effects.  This  church  hath  very  clearly  expreiled 
her  opinion  about  the  extent  of  the  object  of  church  difci- 
pline, Aflem.  if  38,  feff  ig,  24.  art.  13.  where  they  or- 
dain, that  difcipline  in  kirk-feffions  (for  there  all  pro- 
cefles  again!!  church  members  do  flrft.  begin)  ftrike,  not 
only  upon  grofs  fins,  as  blood-Ihed,  &c.  but  againft:  all 
(ins  repugnant  to  the  word  of  God. 

§  2.  Civilian 


Tit.  io.       Church    of    Scotland,  175 

§  2.  Civilians  define  murder  to  be  the  killing  man  by  Murderwhat, 
man,  unlawfully;  nd  they  divi  e  it  into  that  which  is  ^i°^c[eafUal 
committed  cafually,  in  defence,  culpably,  or  wilfully. 
Cafual  homicide  is,  when  a  man  is  k  lied  without  eit'ier 
the  fault  or  defign- of  the  killer,  as  if  an  ax  head  fhould 
fall  off  and  kill  a  by-dander,  or  a  rider  iliould  kill  with 
his  horfe's  hinder  feet :  cafual  {laughter  or  homicide  then, 
is  that  which  is  occafioned  by  miflake  and  jull:  ig  orance ; 
for  if  it  proceed  from  afTLc'ted  ignorance,  as  for  inftance, 
if  a  man  will  not  know  what  he  may  know  his  ignorance 
in  that  caf  will  nut  ma-Re  the  murder  following  upon  it  to 
be  conftructed  Cofual  homicide;  but  if  it  pro  eed  from 
grofs  aodyW/V/<2  ignorantia,  it  may  be  punifhed  by  an  ex- 
traordinary or  arbitrary  punifhment.  but  not  by  death,  It 
is  then  necefftry,  that  the  committer  ufcd  all  exact  dili- 
gence to  evite  the  crime  elfe  he  is  nor  in  the  cafe  of  ca- 
sual homicide  Further  instances  whereof  are,  if  a  mafon, 
before  he  through  down  Hones,  advert  if e  all  below,  tho*  , 
in  the  throwing  he  kill,  he  is  to  be  cleared  from  murder. 
Or  if  a  hunter  fnoot  at  a  bead,  but  a  man  come  in  the 
way  and  be  killed  ;  and  yet  if  either  the  mafon  cry  not, 
or  if  the  hunter  did  moot  in  a  place  where  people  ule  to 
be,  he  is  judged  by  fonne  lawyers  to  be  guilty  of  faulty 
murder.  f  the  coma-jitter  do  what  is  againft  the  law  of 
nature,  or  what  is  criminal ;  or  if  what  he  doth  may  pro- 
duce ill  confeciiiences  and  murder,  though  he  defigned  not 
the  fame  :  in  all  which  cafes  he  ought  to  be  liable,  and 
it  feems  reafonabie,  that  he  who  killed,  when  he  was  do- 
ing what  was  unlawful,  may  be  arbitrarily  punifhed,  though 
he  did  exact  diligence  to  ftidn  killing, 

§  3.  Hgmic'jaium  ne-tjjanum,   or  homicide  committed  \n  Homicide 
felf  defence  is,  when  a  man  being  purfued,  or  reduced  to  committed  ia 
inevitable  ncceflity,  has  no  way  left  him  to  evite  his  own    n V^1;06' 
death,  but  by  killing  the  aggreflbr ;   this  is  in  law  called  fui  bounds 
iruuipata  tutda,  or,   moderanun  inculpate  tmei^e  \  within  are  exceeded, 
which  moderation,  ii  the  defender  contain  himfelf,  i:e  is 
no  way  punilhable;  and  io  favourable  is  felf -defence,  that 
the  exceeder  is  not  liable  to  the  ordinary  punifhment,  but 
is  punifttable  according  to  the  excels,  at  the  difcretion  of 
the  judge.    I  his  moderation  is  faid  to  be  exceeded  in  tnele 
three,    id,   In  arms,  as  if  the  aggreflbr  have  only  a  ltaff, 
and  the  defender  wound  him  with  a  fvvord  or  piftol,  the 

defender 


ij6  Government  of  the       Eook III. 

defender  is  in  that  cafe  punifhable.  And  yet  this  conclu- 
fion  is  not  infalliable ;  for  if  the  defender  was  much  weak- 
er than  the  aggretfbr,  he  might  be  excufed  to  ufe  fuch  un- 
equal weapons,  according  to  Mackenzie  on  this  title.  2 d ly , 
the  defender  is  faid  to  exceed  in  time,  if  he  firike  the  ag- 
greflbr,  "  antequam  fit  in  ac*r.u  proximo  occklendi,"  for 
elfe  it  fliould  be  Jawful  to  every  man,  upon  the  firfr.  ap- 
prehenfion  of  fear,  to  kill  the  aggreflor.  If  he  threaten 
to  kill,  and  be  one  who  is  known  to  have  any  defign  to 
murder,  or  be  a  perfon  who  ufeth  to  execute  what  he 
threatens ;  and  if  he  have  a  ftvord,  though  not  drawn,  or 
a  piftol,  though  not  cock'd ;  if  he  hath  either  of  thefe, 
according  to  the  forecired  author,  he  may  be  lawfully  kil- 
led, becaufe  he  is  "in  acta  proximo  offendendi ;"  and  yet 
he  thinks  the  defender  may  be  arbitrarily  punifhed.  3dly, 
the  defender  is  faid  to  exceed  in  the  meafure,  as  if  he  kil- 
led him  for  wounding,  whom  he  might  have  'nunned,  or 
if  he  followed  the  aggrcilbr.  Although  much  be  left  to 
the  arbitration  of  the  judge,  as  to  all  the  three;  yet  the 
general  rule  is,  that  if  the  defender  exceed  only  in  either 
cf  the  three,  as  v.  g.  in  the  arms  or  time,  the  excefs  is 
faid  to  be  "culpa  leviflima  :"  if  in  two  of  thefe,  as  in  time 
and  arms,  then  it  is  accounted  "culpa  alevis,"  and  is  pu- 
nifhable:  but  if  the  defender  exceed  all  the  three,  as  in 
time,  arms,  and  way  of  proftcution,  then  it  is  "culpa  lata;" 
but  yet  he  is  not  puni (liable  as  if  he  had  doloje  murdered, 
for  nough  it  be  a  rule  in  civilibus,  That  "culpa  lata  ae- 
"  quipai  atur  dolo,"  yet  it  is  a  rule  "  in  criminalibus,  that 
"  culpa  lata  nunquam  aequiparatnr  dolo,  ubi  agirur  do 
f-^e  lf[de"  "  poena  corPoris  affliffiva.^  This  exception  of  felf-de- 
nor.ed  ?-d°"  ^cnce  mu^  De  proponed  againft  the  relevancy,  and  mull 
proven.  be  condefcended  upon,  thus,  the  defender  or  pannel  no- 

wife  acknowledging  the  killing,  yet  if  he  kill'd,  it  was 
done  in  his  own  defence,  in  fo  far  as  the  defunct  drew  a 
fword,  and  thruft,  or  offered  a  piftol.  And  though  he 
prove  not  his  exception  of  felf-defence,  he  will  not  there- 
fore be  condemned,  except  the  purfuer  prove  the  l.bc!. 
The  way  of  proving  this  exception  cf  felf-defence  is  fo 
favourable,  th.it  it  may  be  proved  by  preemptions,  and 
by  wneffes,  otherwife  declinable,  as  coufins,  fervants, 
and  witnefTes  who  depone  only  upon  credulity. 

§  4. 


Tit.  io.      Church    of    Scotland.  177 

§    4.    Homicidhm  cvtpofam,    or   faulty  {laughter,    is.  What  is  no- 
where tbe  murder  was  not  defigned,  and  yet  it  was  com-  medium  cm* 
mitted  merely  by  accident,  as  if  one  fhould  hound  a  dog  f^^l0^. 
at  another,  who  fhould  bite  him  at  whom  he  was  hound    c'^e# 
cd,   fo  that  he  ihoidd  die  thereby,  in  that  and   the  hke 
cafe,  the  offender  is  not  to  be  punifhed  wiih  death,  but 
arbitrarily,  becaufe  "  aberat  animus  occidendi."    1  he  dif- 
ference between  this  and  cafual  homicide,  is  in  this,  the 
committer  **  verfatur  in  illicito,"  but  not  fo  in  the  other, 
yet  they  both  agree  in  this,  that  they  wanted  ull  defign  of 
killing. 

§  5.  Wilful  murder  is  committed  by  fore-thought  fello-  WHfal  mur- 
ny,  and  if  he  who  intended  to  kill  one*  did  not  by  a  nrif-  derwhat, 
take  kill  him,  but  killed  another,  yet  he  is  to  die,  becaufe  vvouncj js  to 
he  killed  a  man  defigned  ly.     Since  the  defigri  of  killing  be  judged 
depends  much  upon  the  nature  of  the  wound  given,   then  mortal, 
where  the  wound  was  not  deadly,    the  infliclor  thereof 
cannot  be   punifhed  as  a   murderer,    though  the  perfon 
wounded  thereafter  die  :  and  though  fome  be  of  opinion, 
that  if  the  party  live   three  days  after  receiving  of  the 
wound,  the  fame  is  thereby  prefumed   not  to  be   mortal  : 
yet  generally  this   is  referred  to  the  arbitriment  of  the 
judge,  who  is  in  this  to  follow  the  opinion  of  pbyficians, 
or  of  one  phyfician.  if  more  were  not  prefent :  buf  if  they 
vary,  then  the  judge  fhall  not  incline  to  punifh  by  death, 
but  by  an  extraordinary  punifhment.     For  murder  is  not 
to  be  inferred  but  from  a  concluding  probation :  and   if 
the  wound  be  but  fmall,  and  a  fever  follow,  then   it  is 
prefumed  that  the  party  died  rather  of  a  fever,  efpecially 
if  the  perfon  wounded  walked  a  foot  for  forty  days  :  a-  d 
feeing  ordinarily,  wounds  that  are  mortal  do  kill  the  recei- 
ver in  that  time,  it  were  therefore  not  hard  to  conclude, 
that  he  who  dies  thereafter,  dies  not  of  his  wounds,  if  he 
has  walked  a  foot  all  that  time. 

§  6.   Night  thieves,  robbers,  and  murderers,  may  be  gating  0f 
killed  without  any  punilhment,  when  private  perfons  arc  robbers,  mur- 
warranted  to  purfue  them  by  fneriffs,  juftices  of  the  peace,  derers.  and 
or  privy  confellors,  and  the  robber  or  murderer  relifts  to  j^ulterers, 
be  apprehended.     And  by  the  civil  law,  it  was  lawful  a^e\ 
for  a  father  to  kill  his  own  daughter,  if  he  found  her 
committing    adultery,    and    to   kill   alfo   her  adulterer ; 
and    if    the    hufband    kill    the    adulterer    of  his   wife, 
he  was  only    to   be  punifhed    by  iooiQ   arbitrary   pu- 

A  a  nilhment, 


i78 


Government    of    the     Book  III. 


Fighters  of 
duels  how 
punifhed  and 
ecniured. 


Self-murder 
kov/  punifh- 
ed, and  what 
defends  a- 
gainft  its  pu- 
uifliment. 


nifhment,  but  not  by  death.  See  the  tittle  of  the  Pan- 
ders, de  adulter.  But  there  is  no  fuch  decifion  yet  hap- 
pened in  this  country.  In  the  memoirs  of  the  Marquis 
of  Langallery,  printed  at  London  this  year  1708,  p.  85. 
the  following  paflage  is  related,  viz.  a  citizen  of  Madrid, 
finding  a  Frenchman  and  his  wife  on  the  bed,  (tabbed 
them  both.  After  the  execution,  he  goes  out  with  his  dag- 
ger in  his  hand,  ftained  with  the  blood  of  thefe  two  per- 
fons,  and  prefents  himfelf  before  the  judges,  who  were 
then  upon  the  bench.  The  court  of  jultice,  without  any 
other  formality,  upon  the  recital  of  the  action,  declared 
him  innocent  •,  this  he  fays  happened  in  the  year  1700, 
and  the  Frenchman  was  a  gentleman  of  the  retinue  of  the 
French  ambadador. 

§  7.  Ts/ionomackus ,  or,  the  fighter  of  a  (ingle  combat, 
is,  "  (ingulus  qui  pugnat  cum  flngulo."  By  the  12th  act 
of  the  1 6th  pari.  Jam.  VI.  all  fuch  fighters  are  punifhable 
with  death,  although  none  of  them  be  killed,  and  the 
provoker  is  to  be  punifhed  with  a  more  ignominious  death 
than  the  defender.  The  giving  or  accepting  challenges 
to  fight,  and  thofe  who  carry  them,  and  the  feconds  of 
fuch,  may  be  punifhed  by  the  council  arbitrarily,  although 
combat  follow  not,  becaufe  they  tend  to  difturb  the  peace. 
The  General  Adembly  by  their  act  1648,  difcharges 
duels,  and  ordains  all  who  fhall  fight  them,  or  make,  write, 
or  receive,  or  with  their  knowledge  carry  challenges,  or 
go  to  the  fields,  either  as  principals  or  feconds  to  fight, 
the  contraveners  are  to  be  brought  into  public  twice,  once 
in  order  to  their  being  rebuked,  and  again,  in  order  to 
the  profeffing  their  repentance ;  (but  the  method  of  cen- 
furing  fuch  now,  is  to  be  regulate  according  to  the  Form 
of  Procefs  enacted  by  AiTembiy  1707,  of  which  more 
hereafter,  Book  4.)  if  the  perfon  guilty  be  elder  or  deacon, 
he  is  to  be  depofed,  and  whofoever  mail  refufe  to  fubmit 
to  the  cenfure  appointed  by  the  church,  ihall  be  procefl^ 
ed  to  excommunication.  And  by  cap.  14.  art.  32.  of  the 
French  church-difcipline,  the  fame,  upon  the  matter  is  en- 
acted. 

§  8.  Self  murder  is  punifhed  widi  confifcation  of  move- 
ables, and  Chriftian  burial  is  denied  them.  Furiofity  and 
madnefs  ought  to  defend  againff.  this  punifhment,  even 
though  he  hath  lucid  intervals,  feeing  it  is  more  humane  to 

prefutiie 


Tit.  io.         Church    of    Scotland.      179 

prefume  he  killed  himfelf  in  his  madnefs,  except  it  can  be 
proved,  that  he  nfed  even  in  his  lucid  intervals  to  wi(h  he 
were  dead,  or  to  commend  felf-murder.  An  endeavour 
to  kill  one's  felf,  is  punifhable  by  confifcation,  as  felf- 
murder.  But  it  may  be  reafonably  feared,  that  the  inflic- 
ting that  puniihment  upon  it  will  tempt  the  poor  creature 
to  renew  its  endeavour  with  better  fuccefs.  Self-murder 
may  likewife  be  committed  by  omiffion,  as  if  a  man  fhould 
defignedly  ftarve  himfelf. 

§  9.  Parricide  is  a  crime  which  is  committed  by  killing  Parricide 
our  parents,  or,  by  the  civil  law,  afcendents  or  deicend-  what,  and 
e'nts  in  any  degree.     By  the  220th  aft,  pari.  14.  Jam. VI.  ^w  Pimil" 
parricide  is  puniilied  only  in  him  who  kills  his  father,  or 
mother,  good- fire,  or  gcod-damc,  and  they  are  ordained  to 
be  difmherited  in  linea  rec"ra. 

§  10.  By  the  2 1  ft  aft  of  King  William  and  Queen  Ma-  Murder  of 
ry  for  preventing  the  murder  of  children,  it  is  enacted,  that Ciillciren  how 
if  any  woman  fhall  conceal  her  being  with  child  during  prc 
the  whole  fpace,  and  fhall  not  call  for,  and  make  ufe  of 
alfiftance  in  the  birth,  the  child  being  found  dead  or  a-mi£- 
fing,  the  mother  fhall  be  holden  and  repute  the  murderer 
of  her  own  child,  though  there  be  no  appearance  of  bruife 
or  wound  upon  the  b<dy  of  the  child. 

§11.  The  taking  of  potions  to  caufe  abortion,  after  the  .,      . 
child  was  quick,  fhould  be  capitally  punifhed,  though  the  tjons  how  pu- 
ufing  fuch  means  before  the  "  fa?tus  fuit  animatus,"  or  to  nifhable. 
hinder  conception,  is  to  be  punifhed  arbitrarily.     By  the 
9  1  ft  canon  Concilii  fexti  in  Trullo,  it  is  thus  determined, 
'j  eas  quae  dant  abortionem  facientia  medicamenta,  et  que 
"  fastus  necantia  accipiunt,  homicidce  pasnis  fubjicimus." 

§  12.  If  the  expofed  infants  do  thereby  die,  the  expo-  The  expofers 
fers  are  as  guilty  as  the  takers  of  abortive  potions,  efpecial-  of  infant? 
ly  if  the  place  was  folitary  and  remote  from  fociety,  and    j' \^d  If " 
where  beafts  might  devour  them  :  But  if  they  were  expo-  t\^y  ^e  Da. 
fed  where  people  refort,  and  might  eaflly  be  feen,  thefe  (lards. 
•who  laid  them  down  are  only  to  be  punilhed  arbitrarily. 
Since  in  this  land  moft  rarely  are  children  lawfully  begot- 
ten, ever  expofed,  therefore  we  are  not  obliged  to  repute 
them  otherwife  than  unlawfully  begotten,  fee  Matthseus  de 
crim.  expof.  infant.     The  parifh  where  fuch  children  are 
found,  is  certainly  at  firft,  to  bear  the  burden  of  their  main- 
tenance and  education. 

Aaa  TITLE 


180  Government    of  the     Book  III. 


TITLE    XL 

Of '  Inceft,  Adultefy,  Bigamy,  Rapes,   Fornication, 
ei  de  Venere  Monftrdfa. 

Inceft  what,    §    i,  TNceft  is  defined  bv  Civilians,  to  be,  "  fa?da  et  ne- 
its  kind,  and  1    "  faria  maris  et  fasmi mas  comrnixtio,  contra  rcve- 

how  puniih-  t<  rentiim  fanguini  debitam  -,"  and  they  divide  it  into  two 
kinds,  V'2:  That  which  is  againft  the  law  of  nature ;  of  this 
fort  is  all  Population  between  afcendants  and  defcendants  ; 
the  o.her  branch,  is  that  which  is  againft  the  municipal  law 
of  the  country;  but  our  laws  does  not  obferve  this  distinc- 
tion :  for  it  is  ena&ed  bv  pari.  i.  Jam.  VI.  aft  14.  That 
\vh  foever  polntes  his  tody  with  fuch  pcrfons  in  degree 
as  God's  word  doth  contain,  Levit.  xviii,  Hi  all  be  punifhed 
with  death.  By  the  act  of  Afiembly  1C4R.  VefC.  38.  incef- 
tuous  pcrfons.  in  cafe  the  magiiirate  doth  not  punifli  then! 
capitally,  are  to  make  public  profeffion  01  repentance  for 
the  fpace  of  fifty  two  ^abbaths;  but  this  a<ft  is  innovate 
and  amended  by  the  ^th  acl:  of  afiembly  1  765,  and  the  1 1  th 
acl:  of  Afiembly  1707. 
Adulteiy  §  2..  Adultery  is  the  violation  of  anothers  bed  :   Hence 

what,  fpme  give  its  derivation  "  ad  alterius  thorura  ;"  and  is  com- 

mitted by  married  perfon's  lying  with  an  unmarried,  or  an 
unmarried  perfon's  lying  with  one  who  is  married.  If  the 
woman  with  whom  the  adultery  is  committed  was  at  that 
time  living  as  a  common  whore,  and  the  committer  was  a 
(Jngle  man,  and  knew  nothing  of  her  being  married,  his 
punifhment  fliould  be  moderated  on  that  account;  but  if 
the  man  wa  married,  the  crime  is  the  fame,  whether  the 
woman  was  a  whore  or  not,  it  being  dill  a  violation  on  his 
pai  t  And  that  the  lying  with  a  man's  betrothed  or  affidat 
ipoufe,  may  be  confirucled  adultery;  becaufe  he  who  lies 
with  one  who  is  to  be  fhortlv  married,  renders  the  fuccef- 
fion  as  doubtful  as  he  who  lies  with  a  married  wife. 
The  differ-  §  3    Notour  adulter  is  by  the  74th  acl  of  pari.  9.  Q^ 

ence  betwixt  Mary  declared  to  be  punifhable  by  death,  after  premoni- 

mf  e  ""j  ;   tion  is  made  to  ahftain  from  the  fame  manifeft  and  notour 
notour  adal-      .  .        .  ,  c  .  .       0     .  ,       , 

terv,  crime.      let  by  the  explanation  of  this  act  given  by  the 

1. 05th  acl  pari.   7     Jam  VI     that  is  only  declared  to  be 

notour  adultery,  where,  ifl,  There  are  bairns  anc  or  mae 

pro-. 


Tit.  ii.      Church    of    Scotland.  181 

procreated  betwixt  adulterers.  2dly,  When  they  keep  com- 
pany or  bed  together  notorioully  known.  3dly,  When  they 
arc  "fufpected  of  adultery,  and  thereby  give  {lander  to  the 
kirk,  whereupon  being  ad monifhed  to  fatisfy  the  kirk,  they 
contemptuously  refufe,  and  for  their  refufal  are  excommu- 
nicate. If  either  of  which  three  decrees  be  proved  before 
the  ju dices,  the  committers  are  punifhable  by  death 

§  4.  Although  there  be  no  cxprefs  law  for  inflicting  death  Adultery  how 
upon  ordinary  adulterers,  yet  Mackenzie,  on  this  titles punifliable. 
thinks,  that  judges  are  not  hindered  to  inflict  the  punilfi- 
ment  of  death  upon  ordinary  adulterers,  by  any  thing  ex- 
preded  in  that  forecited  act  Jam.  VI.  otherwife,  it  ihould 
be  an  act  in  prejudice  of  the  law  of  God,  which  exprefsly 
ordains  adulterers  to  be  put  to  death,  Dent.  xxii.  By  Juftini- 
an's  134th  N.  cap  1  ..  the  civil  law  is  altered,  appointing 
death  to  be  inflicted  upon  adulterers.  And  by  the  law  of 
molt  nations,  adultery  is  only  punifhed  by  pecuniary  mulcts. 
With  us  notour  adultery  has  been  punifhed  with  death,  and 
(Ingle  adultery  arbitrarily.. 

§  5,  By  the  act  of  Aiiembly  Aug.  5.  1642.  all  prefby-  How  the 
teries  are  ordained  to  give  up  to  the  Lords  of  judiciary  the  church  cen- 
rames  of  the  adulterers  and  inceituous  perfons,  witches  and  fores  adulte- 
forcercrs,  within  their  bounds,  that  they  maybe  preceded rers* 
and  punifhed  according  to  law.     By  AfTembly  16^8,  fern* 
38.  a  perfon  being  once  guilty  of  adultery,  is  to  make  pu- 
blic profeifion  of  repent -i nee  twenty- fix  Sabbaths  in  lack- 
cloth  ;  and  a  relapfe  in  adultery  three  quarters  of  a  year: 
but  this  act  is  innovate  and  amended  by  the  forecited  act  4. 
of  Aflemb'y  1705.     And  by  that  fame  act  1648,   perfons 
guilty  of  relapfe  inadukery  are  to  be  more  fumrnarily  ex- 
communicated. 

§  6.  Since  adultery  is  only  committed  bv  married  per-  Themarriage 
(cms,  it  is  therefore  requifne  that  the  libel  in  adultery  bear,  ought  to  be 

That,  fuch.  perfons  were  married  ;  and  except  it  be  proven  Provcd>  a,nd 
1  1        /-  i         n       11  r\      1  1    what  proba- 

or  be  notour  to  the  allize,  they  ihould  not  hie  the  pannel,  tjon  ^  read- 
though  copulation    be    proved.     Adultery  may  be  pro- foe  in.adul- 
ven  by  flrongand  violent  preemptions,  as  the  being  in  bed  teiT- 
togetheKalone,  and  being  naked,  and  the  being  frequently 
alone  together :    likewise  gifts,  love-letters,  ciofe  doors, 
the  wife's  being  abroad  alJ  night,  the  entertaining  perform 
that  are  known  to  be  pimps,  and  cohabitation,  are  ail  pre- 
fumptions, upon  which  it  is  ordinary  for  afEzesto  file  pan- 
nels,  with  the  afiiftance  of  any  other  probation. 

7.  By 


182         Government    of    the        Book  III. 

How  fhe  is  to  §  7.  By  the  i  ith  aft  of  Aflembly  1707,  cap.  4.  if  the 
be  cenfured  WOman  who  hath  brought  forth  the  child,  doth  declare  fhe 
an  unknown  knoweth  not  r^e  father,  and  that  fhe  was  not  forced,  whe- 
man.  tn^r  married  or  unmarried,  the  fame  cenfure  is  to  be  in- 

flicted upon  her  as  in  the  cafe  of  adultery.  But  if  fhe  al- 
ledge  fhe  was  forced  in  the  fields  by  a  perfon  unknown, 
in  that  cafe  the  former  behaviour  of  the  woman  fnould  be 
inquired  into,  and  fhe  ferioufly  dealt  with  to  be  ingenuous ; 
and  if  fhe  hath  been  of  entire  fame,  fhe  may  be  put  to  it 
to  declare  the  truth,  as  if  fhe  were  upon  oath,  but  not 
without  the  advice  of  the  prefbytery,  and  no  formal  oath 
fhould  be  taken. 

§  8.  In  our  law  a  man  mirryingtwo  wives,  or  a  woman 
Bigamy  marrying  two  hufhands,  commits  bigamy  :  and  this  is  ac- 

paniihment.    counted  by  the  19  act  pari.  5.  Q.  Mary,  a  breach  of  the 
oath  made  at  marriage,  and  therefore  is  punifhable  as  per- 
jury, by  confifcation  of  all  their  moveables,  warding  of 
their  perfons  for  year  and  day,    and  longer  during  the 
Queen's  will,  and  as  infamous  perfons  never  to  bruik  of- 
fice, honour,    dignity,  or  benefice,  in    time  coming.     It 
may  be  doubted  if  Quakers  can  be  punifhed  as  perjurers, 
feeing  they  give  no  oath  at  marriage,  and  certainly  they 
fhould,  feeing  marriage  implies  a  vow,  though  no  expli- 
cite  oath  be  given.     It  may  be  doubted  alfb  if  the  two  per- 
fons marrying  be  guilty  of  bigamy  eo  tpjo  that  they  marry, 
tho  igh  becaufe  of  fome  intervening  accident  they  bed  not, 
but  feeing  by  the  fecond  marriage  they  give  contrary  oaths, 
certainly  they  are  guilty  ^f  perjury:  for  perjury  being  the 
medium  peccati  in  this  crime,  and  not  copulatio  or  coitus, 
as  in  adultery.     "  Reatus  contrahitur  per  contrarke  vota." 
A  rape  what       §  9*  RaPe>  or  ravifhment,  is  that  crime  which   is  com- 
anditspu-      mitted  in  the  violent   carrying  away  a  woman  from  one 
niihment.        place  to  another,  for  fatisfying  the  ravifher's  luft,  and  is  in 
the    civil    law  punifhable  by  death,    L   Un    C.  de  Rap. 
Virg.  &c.     The  canon  law  defcribes  it  thus:  "  Eft  rapina 
u  et  violentia  a^zedam,   qua  mulier  de  cuius  nupnis  nihil 
"  actum  eft  antea,  abducitur,  invitis  parenribus."     Fy  the 
4th  aft,  pari.  21.  James  VI.  it  is  declared,  That  although 
the  confent  and  declaration  of  the  woman  ravifned,  decla- 
ring that  flie  went  away  of  her  own  free  will,  may  free 
the  committer  from  capital  puniflimenc,  yet  fhall  it  not  free 

hira 


Tit.  ii.       Church    of    Scotland.  183 

him  from  arbitrary  punifliment ;  which  act  infinuates  that 

the  crime  with  us  is  othervvife  capital. 

§  10.  Since  minors  are  punifhable  for  adultery,  much  Minors,  and 

more  ought  they  for  a  rape;  for  men    in  thefe  years  are  fuch  as  force 

more  prone  and  liable  to  perpetrate  fuch  extravagancies  common 
,  r!  r     rmi  i    •  r  1        whores,  how 

than   when  at  a  greater  age.      1  hough  it  may  leem  that  punifhable, 

whores  are  u  infra  legum  obfervantiam,"  and  ought  not  to 
have  protection  from  law  who  offend  againft  it;  yet  if  the 
whore  be  now  become  a  penitent,  and  reconciled  to  the 
church,  and  for  a  long  tract  of  time  hath  had  a  chafte  and 
laudable  converfation,  it  may  be  doubted  if  the  ravifher  of 
fuch  a  perfon  may  not  be  punifhed  "  pasna  ordinaria." 

§11.  Fornication  is  committed  by  the  carnal  knowledge  Fornication, 
of  unmarried  perfons.  The  canon  law  diftinguifheth  thus :  what,  and 
a  ftuprum  (fay  theyj  eft  virginis  deftoratia,  et  illicitus  cum  ^°w  punifli- 
"  vidua  concubitus."  That  law  commands  fuch  abufers  fureci. 
of  virgins  to  marry  them,  the  parents  confenting  thereto; 
and  if  they  refufe  to  do  fo,  his  body  is  to  be  ehaftifed,  and 
himfelf  excommunicated.  But  if  the  father  of  the  cor- 
rupted virgin  will  not  beftow  her  upon  him  in  marriage, 
then  the  man  is  obliged  to  give  her  fuch  a  dowry  as  virgins 
of  her  degree  and  quality  ufe  to  get.  That  fame  law  fays, 
fimple  fornication  is  '*  concubitus  foluti  cum  foluta  et  im- 
"  pudica,"  the  punifliment  whereof  is  left  unto  the  judge's 
difcretion.  That  there  fliould  be  a  diftinction  of  pu- 
nifliment inflicted  upon  the  deflowerers  of  virgins,  and  abu- 
fers of  honefl  widows,  from  thefe  who  abufe  themfelves 
with  fuch  women  who  have  finned  fo  already,  is  very  rea- 
fonable.  By  the  act  of  AfJembly  Auguft  10  1648,  for- 
nicators are  to  make  profeflion  of  their  repentence  three 
feveral  Sabbaths;  who  is  guilty  of  a  relapfe  therein,  fix 
Sabbaths;  who  is  guilty  of  a  trilapfe,  twenty-fix  Sabbaths ; 
and  of  a  quadrilapfe,  three  quarters  of  a  year,  all  in  fack- 
cloth,  and  are  firft  to  appear  before  the  presbytery,  con- 
fefling  their  fin  there,  before  they  be  admitted  to  public 
profeflion  of  repentence  for  it ;  but  this  act  is  reformed  and 
amended  by  the  Form  of  Procefs.  By  cap.  38.  feiK  1. 
Car.  II.  fornication  is  finable  in  400  1.  to  noblemen,  200 1, 
the  baron,  100  1.  the  gentleman  and  burgefs,  and  10  1.  c- 
very  inferior  perfon ;  and  that  the  pain  be  doubled  t&ties 
quoties,  and  to  be  levied  off  the  man  as  well  as  the  woman, 
to  be  applied  to  pious  ufes :  but  if  fornicators  be  infol- 
<  vent 


1 84 


Government    of    the      Book  III. 


merit. 


Venus  mon 
trofa,  how 
puniihed. 


vent,  they  are  to  be  puniihed  corporally,  according  to  the 
i-th  aft,  pari.  1.  James  VI. 

§  12.  Although  the  fubfeqnent  marriage  of  fornicators 
fenfa  pJfoft  may  defend  them  from  civil  punifhment,  and  iikewife  1c- 
thepunUh-  gitimatcs  the  children  begotten  before  marriage,  ccording 
to  the  prefent  practice,  yet  the  church  doth  not  judge  the 
fcandal  given  to  be  thereby  removed  ;  and  therefore,  by 
their  aft  1 1  th  June  3646,  they  appoint  all  married  per- 
fons,  under  public  fcandal  of  fornication  before  marriage, 
although  the  fcandal  thereof  hath  not  appeared  before 
marriage  ro  fatisfy  publicly  therefor,  their  being  in  the 
ftate  of  marriage  noWithftanding,  and  in  the  fame  man- ' 
ner  they  fhould  have  done  if  they  were  not  ma?ried. 

§  13.  According  to  Mattheus  de  Criminibus,  "  Mon- 
w  ftrofa  Venus  ell  qurecunque  vel  virum  vel  fneminam 
u  mencitur."  With  us  the  confeffion  of  fodomy  itfeif 
without  anv  other  adminicles,  is  fufficient  to  infer  the  pu- 
nifhment of  death,  except  the  confefTor  be  known,  or  at 
leaf!  fufpecled  to  be  diitempered.  Befliality  is  Iikewife 
punifhable  with  death;  and  the  endeavour  is  as  highly  pu- 
nilhable,  if  the  delinquent  was  only  hindered  by  others. 
In  both  thefe  crimes  wirnefies  who  are  liable  to  exceptions 
will  be  received,  becaufe  of  the  attrocity  of  the  crime,  as 
fome  authors  think  :  fee  Mackenzie  on  this  title.  We  have 
rcafon  to  blefs  God  that  thefe  crimes  are  rarely  committed, 
and  fome  of  them  not  fo  much  as  known  in  this  land  ;  and 
therefore  never  any  particular  ftatute  againft  them  hath  yet 
been  made  :  but  our  libels  againft  them  bear,  that  altho' 
by  the  law  of  the  Omnipotent  God,  as  it  is  declared  Levir. 
xx.  as  well  the  man  who  lieth  with  mankind,  as  the  man 
who  lieth  with  a  bead,  be  punifhable  with  death,  Sec.  The 
ordinary  punifhment  in  both  thefe  is  burning,  and  the  beaft 
is  alfo  burnt  or  drowned  with  which  the  befliality  was  com- 
mitted ;  partly  for  the  preventing  of  monftrous  births,  and 
partly  to  blot  out  the  memory  of  fo  loathfome  a  crime. 


TITLE 


Tit.  i2.         Church    of  Scotland.         185 


TITLE     XII. 

GfPtonf*Bridals>Fr<mifht6usDancing9Stage+Plaft9 

Imniodejiy  of  Apparel 9  Drwikennefs,  Tippling,  and 

ASs  in  general  againjl  Profanenejs. 

§  ' .  TJEnray-  weddings  areneirher  by  our  civi!  nor  eccJe-  Penny-wed- 
■*  flaflical  conititutions  abfoiutely  difcharged,  for  dings,  how 
that  were  ro  deprive  tiie  poorer  fort  of  the  fatisfa&ion  0f  re')trainecl* 
meeting  with  their  friends  on  that  occafion.  But  our  Af- 
fembly,  confidering  that  ma  y  perfons  do  invite  to  thefe 
penny-weddings  exceflive  numbers,  among  whom  there 
Frequently  falls  out  drunkennefs  and  uncleannefs,  for  pre- 
venting whereof,  by  their  act  February  13th  104  .,  they 
ordain  presbyteries  to  take  fpecial  care  for  retraining  the 
abufes  ordinarily  committed  at  thefe  occafions,  as  they  ihail 
think  fit,  and  to  take  a  Ariel  account  of  the  obedience  of 
every  feffion  ro  their  orders  thereanenr,  and  that  at  their  vi- 
sitation of  pariihes  within  their  bounds ;  which  acl  is  ratified 
March  8.  1701.  And  by  the  i2tn  feff  Allembly  17;  6, 
prefbyteries  are  to  apply  to  magiftrates  for  executing  the 
laws  relating  to  penny-bridals,  and  the  commiffion,  upon 
application  from  them,  are  to  apply  to  the  government  for 
obliging  the  judges,  who  refufe,  to  execute  their  office  in 
that  matter.  By  the  i^th  acl,  pari.  3.  Car.il.  it  is  or- 
dained, that  at  marriages,  befiJes  the  married  perfons,  their 
parents,  brothers,  and  fitters,  and  the  family  wherein  they 
live,  there  fhall  not  be  prefent  above  four  friends  on  either 
fide.  And  if  there  ihail  be  anv  g.  eater  number  of  petfons 
at  penny-weddings,  within  a  town,  or  two  miles  thereof, 
that  the  mailer  of  the  houfe  iliali  be  fined  in  the  fum  of 
500  merks. 

§  2.  The  General  AiTembly,  by  their  acl  July  1 9th  1 649,  promifCUous 
finding  that  fcandal  and  abufe  riies  from  promiscuous  dan-  dandng  cen- 
cing,  do  therefore  diicharge  the  fame;  the  ceni Lire  there-  &rable. 
of  is  referred  to  the  feveral  prefbyteries,  which  is  ratified 
March  S.  1 7C  i .     By  the  church  discipline  of  France,  cap. 
j  4.  ait.  27.  thefe  who  make  account  to  dance,  or  are  pre- 
fent at  dancing,  after  having  been  feveral  times  admoniili- 
<.d,  fhafi  be  excommunicated  upon  their  growing  obitinate 

B  b  and 


1 86  Government    of    the     Book  III. 

and  rebellious,  and  all  church  judicatures  are  to  fee  this  act 
put  to  execution.  By  the  5  d  canon  concilii  Laodiceni, 
c<  Nonop.  rtet  Chnftianosad  nuptias  vemeptes  ballarevel 
u  fa  1  tare,  fed  modefte  caenare  vel  prandere,  ut  decet  Chri- 
"  ftianos." 
Stage-plays,  §  3.  By  the  ^  8  th  art  of  the  forecited  cap.  of  the  French 
&c.  condemn-  church  difcipline,  Chriftian  magiftrares  are  exhorted  not  to 
tolerate  hocus  pocus,  and  flight-of-hand  plays,  nor  puppet 
and  ftage  players,  neither  mall  it  be  lawful  for  believers 
to  afTifl  at  comedies  or  tragedies,  and  fuch  other  plavs,  act- 
ed in  public  or  private,  feeing  that  in  all  ages  they  have 
been  prohibited  among  Chriftians,  as  lending  to  the  cor- 
rupting of  good  manners.  Neverthelefs,  when  in  colle- 
ges it  fha!l  be  thought  fit  that  youth  may  reprefent  fome 
hiftory,  it  may  be  tolerated,  providing  it  be  not  contained 
in  the  holy  fcriptures,  and  done  very  feldom,  and  even 
then  by  advice  of  the  colloquy,  which  mail  firft  be  fatif- 
f  ed  with  the  compofition.  In  the  third  book  of  the  Digefts, 
tit.  2.  de  his  qui  notantur  infamia,  book.  2.  §  5.  iub  fin. 
"  Eos  enim  qui  quasftus  caufa  in  ccrtamina  defcendunt,  et 
"  omnes  propter  prsemium  in  fcaenam  prodeuntes,  famo- 
"  fos  efTe." 

§  4.  By  the  2   thart.  of  the  above-cited  cap  of  the  French 
*mmo<kfry  of  church  difcipline,  the  churches  fhall  advertife  believers  to 
drained.         u^c  great  niodefty  in  apparel,  and  fhall  give  order  to  abate 
the  1  u  perfl  uity  therein  committed.  N  everthelefs  the  church- 
es mail  make  no  law  thereabout,  the  making  of  fuch  ap- 
pertaining to  the  magiflrate.     And  by  art      6.  all    per- 
ions  who  wear  habits  to  have  open  marks  of  diflolutenefs, 
fhame,  and  two  much  newnefs,  as  painting-  naked  breafts, 
and  the  like,  the  confi   ory  fhall  ufc  all  poflible  means  to 
fnpprefs  fuch  badges  of  immodeily  by  cenfures.     All  ob- 
fcene  pi&ures,  which  are  apt  to  difpofe  and  incite  to  un- 
clean thoughts  and  defires,  are  moft  improper  furniiure  for 
the  houfes  of  Chriitians,  and  therefore  the  ufers  of  them 
may  fall  under  church  cenfure,  if  they  be  not  removed. 
Means  and         5  5   Temperance  is  the  golden  mids  between  abdinence 
confiderati-     an(j  intenperance ;  for  attaining  whereof,  when   we  are 
venting  fufficiently  ftrengthened  and  refrefhed  with  our  ordinary 

drunkennefs.  diets,  we  mould  abflain  betwixt  them,  and  if  we  will  not 
fuffer  ourfelves  to  be  thus  rationally  bounded,  1  cannot  fee 
how  we  can  otherwife  efchew  the  evil  of  being  temped  to 

excefs 


Tit.  12.       Church    of    Scotland.  187 

excefs  in  drinking,  bot     ft  m  the  fpec  ous  pretences  and 
folicitations  of  our  own  vo  uptnous  tempers,  and  the  entice- 
ment and  example  of  others  ;  and  if  *  e  tranfgrefs  the  bound 
above  propofed,    we  cannot  but  fall  into  temptation  :    for 
Card.  Bona,  de  vitce  ..hrifti  ns  principiis,   faith,  "  fsepe 
**  nefcimus  litrum  fubfidium  petat  inevitabilis  corporis  cii- 
"   ra,  an  fallaciaconcupifcentias  nos  decipiat,  etin  hac  in- 
"  certitudine  hilarcfcit  infelix  anima,  ut  fa  Juris  obtentu  in- 
"  temperantiam  excufet."     Our  law  Teems  to  approve  and 
appoint  this  manner  of  bounding,  for  the   1  ■  tbaft,  pari,  il* 
Jam  VI.  difchargeth  all  haunting  of  taverns  and  ale-hou-  Tippling;  w 
ies  after  tenhours  at  night,  or  anytime  of  the  day,  except-  niihable,  as 
ing  rime  of  travel,  or  for  ordinary  refreshments,  under  the  drunkenneis. 
pain  of  be  ng  punifhed  as  drunkards.     And  therefore?,  if 
one  accufed   for  drunkennefs   deny  the  fame,  or  impute 
the  flgns  and  effects   thereof  proven  againfl  him  to  oiher 
caufes,  as  ficknefsof  the  ftomach,  giddinefs  of  the  head,  or 
the  like,  thefe  defences,  though  they  may  be  true,  yet 
are  not  relevant  to  deiend  the  accufed  againfl  the  punifh- 
ment  of  d:  unkennefs,  providing  his  tippling  be  proven  by 
the  unfeafonable  haunting  of  taverns;  and  it  needs  not  be 
thought  hard  that  no  difiinftion  is  made  betwixt  drunken- 
nefs and  tippling,  feeing  it  is  a  common  obfervation,   that 
tipplers  are  harder  to  be  reclaimed  than  drunkards  themfelves. 

§  6.  Among  the  remedies  propofed  againft  the  corrup-      .    . 
tion  of  theminiitry,  by  AiTembiy  1  nh.  June  1646,  aft  11.  hea^f  ° 
mlniilers  are  net  only  to  forbear  drinking  of  healths,  cal-  foare,  drunk- 
led  Satan's  fnare,  leading  to  excefs,  but  likewife  10  reprove  ennefe  how 
it  in  others,  and  the  following  aft  of  parliament,  punifhing  P,JlIliilicd- 
the  fin  of  drunkenneis,  doth  appoint  exceflive  drinking,  e- 
ipecially  under  the  name  of  healths,  to  be  punifhed.     The 
aft  I  mean  is  i^th/eiT  1.  pari.  1   Car  II  which  ehs&s,  that 
who  drinks  to  excefs,  or  haunts   taverns,  as  above,  fhall 
pay,  the  nobleman   20 1.   the  baron  .0  merks,  the  gentle- 
man, heretor,  or  burgefs,  io  merks,  the  yeoman  40  (hill. 
and  the  fervant  20  lhill.  toties  q;ioiie.f  and  the  minifter  the 
fifth  part  of  his  ftipend  :  which  fines  are  to  be  applied  as  tue 
fines  for  other  immoralities,  and  the  infolvent  are  to  be  pu- 
nilhed  in  their  perfbns. 

§  ; .  Such  as  commit  crimes  in  their  drink,  are  fbmetimes, 
for  want  of  defign  and  malice,  more  meekly  punifhed  than 
others,  efpecially  if  they  were  cheated,  upon  defign,  into 

b  b  2  that 


1 8  8  Government    of  the      Book  III. 

If  fuch  as     that  condition  by  others       And  in  this  cafe,  the  law  diflin- 

are  cinrk  ^  ^   gnftheth  'nter  ebnos.   who  are  rarely  (drank,  and  ehriofbs, 

for^rimes      wno  are  habitually  fuch  ;  for  thefe  lad  fhould  be  moll:  fe- 

and  can  con-  verely  punifhed    both  for  the  r  drunkennefs,  an  J  the  crimes 

trad.  occafioned  by  it.      And  ivch  as  make  themfelves  drunk, 

upon  defign  to  exenfe  or  lcden  thereby  the  (in  they  are  to 

commit,  merit  no  favour  ;  and  fuch  as  know  they  are  fab- 

jecl  to  extravagancies  in  their  drink,   merit  as  little.     Per- 

fons  that  are  incapable  and  ftupuj  through  drink,  the  law 

not  only  forbids  people  to  contrail:  with  them,  but  n 

ail  conrrncls  then  made  reducible  on   that  head.    The  law 

is  fo  far  from  countenancing  fraud,  that  it  repairs  the  inju  - 

red  againftit    bee  Stair's  Iniftir.  p.  98.  and  60  \ 

§  b.   i'y  the  i.oth  ad,   fefT  4.  pari.  King  William  and 
(byteries    Qneen  Mary,  presbyteries  are  ordained  to  appoint  inform- 
mt  ers   againft  and   profecutors  of  profane   perfons,    within 
ce      their  bounds^  before  the  civil  magiftrate.    And  by  the  )  3th 
and   how       act  of  the   following  feffion  of  that  parliament^    all  rr.^r 
-    i  I  rates  ?rc  (IricYiy  required  to  execute  the  laws  againft  pro- 
thchm°e  jra''enc^s  ar  a^  times,  and  againh:  all  perfons,  whether  of- 
liable.  fleers,  foldiers,  or  others,  without  exception.     And  ifa- 

ny  of  thefe  judges  (hall  refufe  or  delay  to  put  the  faio; 
Jaws  to  execution  upon  application  from  minificr,  k:rk- 
feiTion,  or  any  in  their  name.,  giving  information,  and  of- 
fering fufficie  t  probation  againif  the  offender,  that  every 
one  of  the  judges  fo  refnfing  or  neglecring,  fhail,  tatics 
qw  j,be  fub:;cct  and  liable  to  a  fine  of  an  hundred  pounds, 
to  be  applied  for  the  life  of  the  poor  of  the  parifh  where 
the  fcandal  was  committed  :  declaring  hereby,  that  any 
ior  the  kirk-fcdion  or  miniifcr,  having  their  warrant,  may 
purfue  any  of  thefe  negligent  judges  before  the  Lords  or. 
feflion,  who  are  ordained  to  proceed  fummariiy  ;  and  that 
it  ilr.d!  be  a  fufficient  probation  of  the  judges  refufal,  if  the 
purfuer  inftruct,  by  an  inftrument  under  a  notary's  faand, 
and  witnctTcs  thereto  fubferibing,  and  deponing  thereup- 
on, that  he  made  application  to  the  faid  judge,  unlets  the 
judge  fo  purlued.  condefcend  and  inllrucr,  that  within  the 
fpace  often  days  after  the  faid  application,  he  gave  orders 
to  cite  the  party  complained  on,  within  the  ipace  of  ten 
days,  and  at  the  day  of  compearance,  he  was  ready  to 
have  taken  cognition  of  the  fcandai  complained  on,  and 
inftruct.  and  condefcend  on  a  relevant  reafon  why  the  laws 

were 


Tit.  i2.       Church    of    Scotland.  189 

were  not  put  in  execution.    By  the  3  id  acl,  fern*  6.  of  K. 

William's  pari   it  is  ordained,   that  in  every  pariih,  where  Pa^fo  magi- 


perfo:i  whatfoever  who  fhall  purfue  the  fame ;  certifying  t0  be  advo- 
them,    if   they  fail   therein,     either    by  themfeivcs,    or  cate  or  tuf- 
their  deputes,  the  Lords  of  fefiion  will  appoint  judges  in  Pen<kd. 
that  part     And  in  other  parifhes  where  no  fuch  magiflrates 
do  relidc,  it  is  ordained,  that  the  forefaid  perfons  fhall  ap- 
point deputes   for  the  faid  parifhes,  with  the   power  and 
for   the  end  forefaid,  inch  as  (hail   be  named  to  them  by 
the  heritors   and  kirk-feiiion  thereof      rut,   really,  it  is 
foreign  to  members  or  a  k-rk  feffion,  contldered  as  fuch, 
to  chufe  or  prefent  a  civil  magistrate,  even  as  it  is  to  a  ci- 
vil court,  as  fuch,  to  chufe  or  prcienc  the  members  of  a 
kirkrfejjTian.    And  farther,  they  d;i  charge  advocation,  mn- 
plicitcr,  of  proceiles,  sgainft  immorality  from  thefe  pariih 
judges,  ;  and  like-wife,  ail  fufpem'Ions  of  their   fentences, 
without  consignation  or  liquidate  difcharges.      It  is  alfb  or- 
dained, that  in  cale  of  calumnious  fufnending,  the  Lords 
of    feffion    decern   a  third    part   more   than   is    decern- 
ed, for  expenccsj  and  likewise,  thev  appoint  the  fines  to 
be  indantly  paid  in  ro  rhe  parilli  collector  for  the  poor,  or 
the  party  irnprifoned  till  fufScient  caution   be  found   for 
payment  of  the  fame,  or  otherwife  to  be  exemplarly  pu- 
niftied  in  his  pe  (on  in  cafe  of  mabi'irv.     It  is  alfo  enact-  p^rcn 
cd,  that  no  pretence  of    different  nerfuadon  in  matters  01 la  rfMg:on 
religion,  maiJ  exeem  the  delinquent  from  being  ccniurea  from  church 
and  punilhcd  for  fuch  immoralities,  as  by  the  laws  of  this  cenfure. 
kingdom  are  declaicd  to  be  pprriflaable  by  lining.     And  it 
is  re.com mended  to  the  privy  council,  to  take  further  ef- 
fectual courfe  againfl:  profanenefs,  and  for  encouraging  of 
fuch  as  fiial]  execute  the  laws  againft  it. 

i  cd  By  the  acts  of  Atembly  for  fappreffing  profane-  s;rdplinc  t0 
nefs,  the  nt  as  fellows  :    'J  hat  church  judicatures  be  faithfuftv 

execute  discipline  faithfully  againil  all  fcandalous  conver-  exercifcd.crd 
fafioa,  and  in  particular,  againft  drunken  nefs  and  (wear-  k°w  !he 1us ' 
ing,  but  with  that  gravity,    prudence-,   and  meeknefs  of  *5LJ!:<L ?  C 
wuctom,  as  may  prove  molt  eiiecrual  ror  reclaiming  them. 
And   minifcers  are  to  be  free  with  perfons  of  quality  for 
amending  cf  their  faults  i  and  if  it  be  found  needful,  pref- 

byteries 


:e 


190         Government    of    the        Book  III. 

byteries  are   to  appoint  fome  of  their  number   to  con- 
Who  orant    cur  w*tn  rne  mihifter  in  adrnonifhing  fucb.     Matters  of 
and  ufe  teliii-  fa    ilies  are  to  receive  no  fervants,  but  fuch  as  have  tefti- 
monia Is, their  monials  of  their  honeft  behaviour;  a;  d  none  ought  to  get 
contents.        teftimonials.,  but  fuch  as  are  free  of  fcolding,  fwearing, 
and  fuch  like  more  common  fins,  as  well  as  fornication, 
adultery,  drunkennefs,  and  other  heinous grofs  evils    And 
the  ordinary  time  of  giving  teftimonials  is  to  be  in  face  of 
feffion ;  but  if  an  extraordinary  exigent  happen,  let  it  be 
given  by  the  minifter,  with   content  of  the  elder  of  the 
quarter.     If  they  have  fallen,  or  relapfed  into  fcandalous 
fins,  let  their  teitimonials  bear  both  their  fall  and  repent- 
ance ;  but  it  were  more  charitable,   that  the  fcandal  were 
fupprefted,    and  remembered  no  more.     And  perfons  of 
quality  removing  to  Edinburgh,  or  elfewhere,  with  their 
families  and  followers,  if  they  carry  not  teitimonials  aloxig 
with  them,  the  minifter  from  whom  they  remove,  fhall 
advertife   the    minifter   to  whom  they  come,    if  to    his 

„  ~  ,    knowledge  they  be  lying;  under  any  fcandal      It  is  recom- 

Seffions  and  .       p        .  *  J     °n  •  1  r  rr 

preftyteries    mended  to  minifters,   preibytenes,  and  lemons  to  meet  to- 

are  to  keep     gether  for  private  fait i'g  and  prayer,   and  conference  a- 
days  for  pray-  g0llt  tne  ftate  0f  tne  church,  with   refpeft  to  the  growth 
S     cMfure  anc^  c^ccav  °^  godlinefs,  and  fuccefs  of  the  gofpel ;  and  in 
duly,  and  mi-  thete  days  the  presbyteries  ought  to  oafs  their  privy  ccn- 
niiters  to  be  fures,  and  both  fynods  and  they  are  exhorted  to  perform 
frequent  m      them  wjtn  more  accuracy,  diligence,  and  zeal,      it  is  ap- 
pointed,   that  minifters   be  frequent   in   private   perfonal 
conference  with  thofe  of  their  charge,  about  the  ftare  of 
their  fouls     And  prefbyteries  are  to  take  fpecial  notice  of 
minifters,  who  do  coflverte  frequently  and  ordinarily  with 
malignants,  and  with  fcandalous  and  profane  perfons,  efpe- 
ciailv  fuch  as  belong  to  other  pariihes.     Whereas  men  of 

Menqi  bun-    D-jf}ncfs  for  their  too  late  fitting  in  taverns,   efpeciallv  on 

iot  to  be  0        ,  .  ,        .  11        •  r    1    -        •    1 

excufed  for    WUraays  night,  do  pretend   relaxation    or    their  minds  ; 

tarrying  late  therefore  it  is  recommended  to  minifters,  where  fuch  fin- 
in  taverns.      fu}  cuftoma  are,  to  repretent  the  evil  thereof  both  public- 
ant*  carriers    ty  artc^  privately,  and  call  Inch  to  redeem  that  time,  which 
onials.   ^c7  nave  ^rom  frufine^s»  2nd  employ  the  lame  in  conver- 
fijig  with  Gcd.     It  is  appointed  likewite,  that  carriers  and 
travellers  bring  teftimonials  from  the   places  where   they 
rcfted  on  tbele  Lord's  days  wherein  they  were  from  home, 
Abftra&s  of   to  their  own  minifters.     An  abftract.  of  all  ach  of  AiTem- 

aQsofparlia-  biics  againft  profanenefs  is  to  be  got  and  printed  j  and  al- 
meiit  and  af-  f0 


Tit.  13.       Church   of    Scotland.  191 

fo  it  is  overtured,  that  an  abftracl:  of  all  a&s  of  parlia-  fembly  a- 
ment  againft  the  fame  be  gotten.     And  each  prefbytery  is  gainftvice  to 
to  hear  the  fame  read  twice  a  year,  at  two  diets  to  be  ap-    e  Sot* 
pointed  for  that  effect.      And  it  is  likewife  recommended 
to  prefbyteries,  to  prepare  overtures  to  General  Ailemblies, 
that  they  being  found  proper  means  for  curbing  of  vice, 
may  by  them  be  enacted.     It  is  appointed    that  perfons  Grofs  •    0, 
grofsly  ignorant  be  debared  from  the  communion  ;  for  the  ranee  how  to 
firft  and   fecond  time  fuppreifing  their  names;    for   the  be  cenfured. 
third  time  expreffing  their  names;  and  for  the  fourth  time 
let  them  be  brought  to  public  repentance  :  this  is  to  be 
underftood  of  thofe  that  profit  nothing,  nor  labour  for 
knowledge  ;  for  if  they  be  labouring  to  profit,  they  ought, 
by  the  acl:  of  Aflembly,  to  be  treated  with  more  forbear- 
ance.    All  which  means  for  fupprefling  of  profanity  are 
enacted  by  AiTemblies  Auguft  10.  1640.  April  14,  169+, 
January  24.  109a,  January  30.  1699. 

TITLE    XIII. 

Of  Theft,    Sacrilege ,    Ufury,    Falfebood,    Beggars 
and  Vagabonds, 

§   1.  HHHeft  is  defcribed  by  lawyers  to  be  "fraudulo-  Theft  what, 
J-      "  fa  contreclatio,    lucri    faciendi  gratia,  vel  how  V™fa- 
"  ipfius  rei,  vel  etiam  ufus  ejus  poilefftonifve,  quod  lege  e  y  ^"bk 
"  naturali   prohibitum   eft."     By  the  word  contreclaiio, 
they  underftand,  not  only  the  aw  ay -taking  of  a  thing  ;  for 
theft  is  committed  not  only  by  concealing  what  was  taken 
from  another,  but  likewife  the  uiing  a  thing  depofited  or 
impignorate  to  other  ends  and  ufes  than  was  agreed  upon. 
When  one  is  urged  by  neceiTity,  not  from  a  defire  to  gain, 
to  take  food  or  raiment  from  the  owners  thereof,  without 
their  confent,  he  is  not  to  be  defpifed,  but  rather  pitied 
and  pardoned,   Prov   vi.  30,     By  the   83d  acl:,  pari*  11. 
Jam.  V  I.  it  is  ftatute,  that  whofoever  deftroys  plough,  or 
pJough-graith,  in  time  of  tilling,  or  wilfully  deftroys  the 
corns,  ihall  be  punifhed   therefor  by  the  juitices  to  the 
death  as  thieves ;   but  our  practice  in  this  is  a   little   ar- 
bitrary and  uncertain.     By  the   26th  acl,  feiT  1.  pari.   1.  Howftollen 
Car.  II.  it  is  appointed,  that  the  perfons  from  whom  goods  f  ^-covered 
are  itoilen,  purfuing  the  thief,  uiquead  fentemiam,  ihall 

have 


192 


Government    of    the        Book  III. 


Sacrilege 
what,  and 
how  pimiihed 


Ufury  what, 
its  ieveral 
branches, 


ven  and  pu- 
nifhed. 


have  his  own  goods  again,  where-ever  they  can  be  had,  or 
the  value;  and  he  is  to  have  his  expences  of  profecuting 
the  thief,  out  of  the  readied  of  the  thief's  goods. 

§  2,  Sacrilegus  dicitur  cjiii  facra  leg;t.  By  the  canon  law, 
facrilege  is  committed,  either  prope'ly,  when  a  thing  fa- 
cred  is  taken  out  of  a  facred  pkce;  or  tefs  properly,  when 
a  facred  thing  is  taken  out  of  a  profane  place,  or  when  a 
profane  thing  is  taken  out  of  a  facred  place :  This  crime  is 
likewife  committed  when  facred  things  are  imbezzied. 
Though  with  us,  there  be  no  formal  confecrations  of 
churches,  veftments  cups,  &  .  yet  to  ileal  any  thing  deC- 
tinate  to  God's  fervicc,  or  even  to  (leal  any  thing  out  of  a 
church,  ought  to  be  looked  on  as  an  aggravation  of  the 
crime  of  theft. 

§  3.  The  taking  tf  more  annualrent  than  the  quota 
dated  by  law,  is  the  firft  branch  of  ufury ;  the  fecond  ib, 
to  take  annualrents  before  the  term  of  payment  ;  the  third 
how  11  spro-  \Sf  to  take  wadftts  in  defraud  of  the  law  ;  by  doing  this, 
they  do  not  take  more  annualrent  directly  than  what  is 
prefcribed  by  the  law,  but  they  take  wadfets  of  land  ft  om 
the  debtor  for  more  than  their  annualrents  can  extend  to, 
and  then  they  fee  back-tacks  to  him  J  or  payment  of  what 
is  agreed  upon.  The  fourth  branch  of  ufury  with  us,  is, 
to  take  bud  or  bribe  for  the  loan  of  money,  or  for  conti- 
nuing it.  But  it  were  agairift  reafbn,  that  by  lending  mo- 
ney to  my  friend,  I  lhouid  become  incapable  of  a  donation 
from  him.  By  the  act  7.  pari.  16.  Jam.  VI.  it  is 
appointed,  that  ufury  fhail  be  proved  by  the  oath  of  the 
party  receiver,  of  the  unlawful  annualrent,  and  witndlcs 
infert,  without  receiving  the  oath  of  the  giver  of  the  ufury, 
for  eviting  perjury.  The  pain  of  ufury  with  us,  is,  that 
the  debtor  fhali  be  free  from  his  obligation,  cr  have  back 
his  pledge ;  or  if  the  debtor  conceal,  then  the  reveaier 
fhall  have  right  to  the  fums,  act  22^.  pari.  14..  Jam.  VL 
and  by  the  248  act,  pari.  1 5.  Jam.  VI.  it  is  appointed,  that 
ihe  ufury  bond  or  contra^  fhall  be  reduced  ;  and  being 
reduced,  the  fum  fhail  belong  to  his  Majcfty  or  his  donators, 
and  the  party  to  have  repetition  of  the  unlawful  annualrent 
paid  by  him,  in  cafe  only  he  concur  with  the  donator  in 
the  reduction.  Uiury  is  called  crimen  utriufque  fori,  and 
how  miniOers  are  to  be  ceniured  for  it.  See  book.  4.  tit.  §. 
Falfehcod  §  4*  Falfehcod  is  a  fraudulent  fuppreffion,  or  imitation  cf 

what.  truth,  in  prejudice  of  another.     This  description  of  crimen 

falfi 


Tit.  13.       Church    of    Scotland.  193 

falfi,  or  falfitas,  doth  agree  with  that  given  by  the  Canon- 
ids,  viz  "  Eft  fraudelenta  five  dolofa  veritatis  imitatio,  vel  . 
"  occultatio  "  This  crime  is  committed  in  writ,  either  w^ 10od  in 
by  producing  a  falfe  writ,  if  they  knew  it  to  be  falfe,  and 
abide  by  it,  or  by  fabricating  a  falfe  writ.  Again,  it  is 
committed  by  omiffion,  in  a  notary's  not  fetringdown  what 
he  was  required  to  infert  in  his  inftrument,  or  the  omitting 
to  exprefs  the  day  and  place,  when  the  omitting  thereof 
might  have  been  difadvantageous.  By  the  2^d  act,  \  arl. 
23.  Jam.  VI.  the  makers  or  ufers  of  falfe  writs,  or  accef- 
fory  to  the  making  thereof,  are  to  be  punifhed  with  the 
pains  of  falfehood  ;  and  the  counterfeiter,  falilfler.  or  ac- 
ceflbrv',  cannot,  by  pafling  from  the  writ  quarrelled,  free 
him  (elf  from  the  puni  foment.  The  punifhment  of  forgery 
is  declared,  by  act  22.  pari.  5.  Q^  Mary,  to  be  profcripti- 
on,  difmembring  of  the  hand  or  tongue,  and  other  pains  cf 
the  canon  or  civil  law.   1  he  fecond  fpecies  of  falfehood  is,  Falfehood 

that  which  is  committed  by  witneffes  in  their  depofnions,  co.lllrt,l"ecl  7 
...  ,  *  1  Li-       witneffes. 

by  taking  money  to  depone  or  not  depone ;  by  concealing 

the  truth,  or  exprefTing  more  than  the  truth,  though  they 
received  no  money.     And,  thirdly,  by  deponing  things 
exprefsly  contradictory  ;  but  in  th-s  cafe,  the  contradiction 
tmrit  be  palpable,  and  not  confequential,  "  Nam  omnis  in- 
*'  terpretatio  preeferenda  eft  ut  dicta  teftium  reconcilien- 
"  tur."     By  cap.  46.  pari  (>.  Queen  Mary,  falfe  witnef- 
fes, and  their  inducers,  are  to  be  punifhed  by  piercing  their 
tongues,  efcheat  of  moveables,  and  infamy,  and  farther  at 
the  judge's  difcretion.    Perjury  differs  not  much  herefrom,  PeHurywhat 
for  it  is  defined  by  lawyers  to  be  a  lie  affirmed  judicially  u-  and  how  pu- 
pon  oath,  and  it  is  punifliable  by  confiscation  of  all  their  nifhed. 
moveable  goods,  warding  of  their  perfons  for  year  and  day, 
and  longer  during  the  Queen's  will,  and  that,  as  infamous 
perfons,  they  fhall  never  be  able  to  bruik  office,  honour, 
dignity,  nor  benefice  in  time  coming.    For  this  fee  the  \  9th 
act,parl.5.QueenMary.  There  is  a  third  fpecies  of  falfehood  Forging  of 
committed  by  forging  true  money,  without  authority,  by  money,  how- 
coining  falfe  money,  or  by  mixing  and  allaying  worfer  with  Pum,iie  * 
nobler  metals  in  current  coins,  or  by  venting  and  paffing 
the  adulterate  money  coined  by  others,  or  entertaining  the 
forgers,  or  being  art  and  part  with  thefe  coiners.      This 
crime  is  commonly  punifhed  by  death.     The  fourth  fpe- 
cies of  falfehood  is  committed  by  ufingof  falfe  weights  and 

C  c  meafures. 


194        Government    of    the      Book  III 


ment. 


falfe-weights  meafures.  By  the  19th  pari.  act  2.  Jam.  VI.  the  lifers 
their  puniih-  of  falfe  weights  and  meafures,  are  to  tine  their  haill  goods 
and  gear.  Having  of  faife  weights  in  the  fhop  prefumes 
ufing,  except  this  prefumption  be  taken  off,  by  alledgmg 
that  the  weights  are  prefently  bought  or  borrowed,  or  laid 
afide  as  light.  Falfehood  is  alfo  committed  by  afTuming  a 
falfe  name,  and  by  preferring  one  perfon  for  another  at 
the  fubfcribing  of  papers :  for  flich  impoftors  the  punifh- 
ment  of  dea^h  hath  been  inflicted.     Decemb.   12.   161 1, 


AiTumingofa 
'ah,  n:^ie, 
how  punif ii- 
etl.    J 


Peg^ars  and 
vagabonds 

:pref- 
fed  and  pu- 
nifhed. 


mentioned  bv  Mackenzie  on  this  title. 

§  5.  By  the  2  2d  act,  pari  •+.  Jam.  V.  no  beggar  born  in 
one  parifh  is  to  be  allowed  to  beg  in  another,  and  badges 
are  to  be  made  by  the  headimen  of  each  parifh  for  that 
effect;  which  law  agrees  with  thofe  of  other  nations,  fee 
Matth.  de  crim.  de  improba  mendicitate.  And  by  book 
1  r.  title  25.  of  the  Codex  de  vahdismendicantibus,  they  are 


diftingaifhed  from  the  poor,  and  puniilied  as  we  do  fturdy 
beggars  and  vagabonds.  Car.  II.  pari.    i.  fe(T  ^.  cap  10. 
it  is  crJained,  that  all  readers  of  manufactories,  may,  with 
advice  of  the  magistrates  of  the  place,  feize  vagabonds,  and 
idle  poor  perfons,  and  employ  them  in  their  work,  and'ex- 
acl  off  the  parifhes  where  they  were  born,  or  if  not  known, 
the  parifiies  where  they  have  haunted  for  three  years  be- 
fore, two  (hillings  per  diem,  in  manner  prefcribed  in  the  act, 
and  thereafter  may  retain  them  in  their  fervice  for  feven 
years   for  meat  and  cloaths.     Sturdy  beggars  and  vaga- 
bonds fhould  be  proceeded  againft  by  the  iheriffs,  and  o- 
ther  judges,  and  they  may  exact  caution  of  them  :  but  if 
they  find  none,  they  fhould  be  denounced  fugitives,  and 
they  may  be  fent  to  public  work-houfes,  or  correction- 
houfes,  or  put  in  the  ftocks;  and  if  they  be  refet  after 
they  are  denounced  fugitives,  their  refetters  are  liable  for 
the  perj Lidice  fuiiained,  and  the  parties  damnified  will  have 
action  againft  the  magistrates  within  whofe  bounds  thefe 
vagabonds  are  willingly  refet.     See  Jam.  VI.  pari.  1.  cap. 
9J»  and  pari    1 1.  cap.  97.  pari.    12    cap.   124.  14.4.147. 
znd  pari    15.  cap.  268.  and  Car.  II.  pari.  2.  feiT  3.  cap. 
iH.     by  the  act  of  the  General  AfTembly  September  1. 
1647,  n]S  recommended  to  prefbyteries,  to  confider  of  the 
beft  remedies,  for  preventing  abufes  committed  by  beggars 
living  in  great  vilenefs,  and  many  of  their  children  want- 
ing baptifm. 

TITLE 


Tit.  14.      Church    of    Scotland.         195 

TITLE    XIV. 

Of  Art  and  Van. 

§  1.  r  I  tHese  who  are  afTifters  by  counfel  or  other- Art  and  part 

-*-  wife,  are  in  our  law  (aid  to  be  art  and  part  of  explained. 
the  crime.  By  art  is  meant,  that  the  crime  was  contrived 
by  their  art  and  fkill,  eorum  arte ;  by  part  is  meant,  that 
they  were  fharers  in  the  crime  committed,  when  it  was 
committed,  et  quorum  far  s  magna.  The  Civilians  iifed,  in 
place  of  art  and  part,  ope  et  confdio  ;  by  our  law  fuch  af- 
flfters  are  cal!ed  complices. 

§  ?.  By  the  151ft  aft,  pari  t  r.  James  VI.  it  is  ordain-  Kow  far  act- 
ed, that  nothing  can  be  objected  againft  the  relevancy  of  ]fcccjfoj^ 
that  part  of  the  fummons,  which  bears,  that  the  perfons 
complained  upon  are  art  and  part  of  the  crimes  libelled: 
but  the  judge  here  is  to  conficier,  whether  the  advifer  gave 
the  couniel  upon  the  account  of  former  malice  conceived 
by  himfelf ;  or  if  it  was  only  given  in  refentmcnt  of  any 
wrong  done  to  the  committer,  and  is  to  be  more  feverely 
punifhed  in  the  firft  cafe  than  in  the  laft.  2elly,  In  the 
cafe  of  advice,  the  advifer's  age  is  much  to  be  confidered; 
for  though  minors,  and  thofe  who  are  drunk,  may  be  pu- 
nifhed for  murder,  yet  it  were  hard  to  piinilh  them  for 
advice.  3dly,  The  words  in  which  the  advice  was  con- 
ceived fhould  ftill  be  interpreted  mod  favourably  for  the 
advifer;  for  w7ords  are  capable  of  feveral  and  diftincl:  fen- 
fes,  as  they  are  underftood  by  the  refpective  fpeakers,  and 
they  vary  by  the  very  accent  or  punctation.  4thly,  If  the 
advifer  retracted  his  opinion,  he  ought  not  to  be  punifhed 
with  the  ordinary  puniihment,  if  he  thereafter  and  inftant- 
ly  intimated  to  the  perfon  againft  whom  the  advice  was  gi- 
ven, what  danger  he  was  in,  and  alfo  difluaded  the  com- 
mitter from  following  the  advice  given. 

§  4.  Be  who  allowed  his   houfe  to  the  adulterers,  for  Who  are  pu- 

perpetratins  that  crime,  or   for  confultino-  about  the  coin-m^n^le.as. 
1   .  l-         \  c    •  •    1  -a    1  1        1  i    •  acceitones  in 

muring  thereof,  is  certainly  puniihable,  though  it  was  not  a(jultery. 

committed.     He  who  retains  his  wife,  after  he  found  her 

committing  adultery,  and   lets  go  die  adulterer,,  is  punifh- 

able  as  a   leno,  pimp,  or  baud,    providing  he   take  money 

to  conceal  the  adultery,"  Nam  lenocinium  eft,  ubi  man- What  is  le- 

C  c  1 


jg6        Government    of    the        Booklil. 

"  tus  quaeftum   facit  de  corpore  uxoris."     He  who  gives 
warrant  and  order,  or  hires  others  to  commit  adultery,  de- 
ferves  the  fame  punifliment  with  the  adulterer,  and  in  ef- 
fect he  is  moll  guilty    feeing  he  wants  the  natural  tempta- 
tion of  the  adulterer,  ad  commits  the  crime  in  contempt  of 
the  law 
pandm,  &c       §     •  Panders,   pimps  and  bauds,  making  gain  of  the 
z^<:-  •  -  keep-  whoredom  of  others  by  their  help  and  advice,  deferve  fe- 
°^v  Pu"  vere  punilbment  as  acceffories  to  their  wickednefs.    As  like- 
\nm      Wife,  the  keepers  of  taverns  and  alehoules,  who  furnifh 
I  s     their  gueiis  wifh  liquors  unro  drunkennef  ,  or  fell  thofe  li- 
quors at  unlawful  times,  or  to  drunkards,  are  to  be  punifh- 
ed  them  (elves,  as  drunkards,  according  to  the  inftrucYions 
given  to  the  juftices  of  the  peace  in  the  i  ,th  a£l  pari.  i.  fcC. 
i .  Car.  II.    And  there  feems  to  be  good  reafon  for  it,  fee- 
the  belt  of  diuggs  given  to  excefs,  either  as  to  quan- 
\  ty  or  quaky,  and  whatever  overpowers  our  nature,  is 
donaple, 


BOOK 


Tit.  i.        Church  of  Scotland.  197 


BOOK       IV. 


TITLE    I. 

Of  Scandals  and  Church-difcipline  in  general.     Of 
the  Method  of  proceeding  with  the  Scandalous ', 
and  how  Scandals  are  to  he  tabled  before  Churc/j- 
judicatures. 

§  1.  T  T  7E  are  not  hereto  underftand  by  fcandal,  a  scandal 
yy  thing  actually  difpleafing  the  party  offended  ;  what, 
nor  is  it  always  to  be  judged  by  the  matter, 
feeing  offence  in  lawful  matter  may  be  taken,  where  it  is 
not  given,  as  in  that  eating  and  drinking  mentioned  Rom. 
xiv.  Or  in  taking  wages  for  preaching  the  gofpel,  1.  Cor. 
ix  Neither  is  it  the  pleafing  of  men  that  doth  always  e- 
dify  them,  nor  the  di (pleafing  of  them  that  doth  (tumble 
or  fcandalize  them;  butfcandal  is  fomething  accompanying 
word  or  dead,  with  fuch  circumflances  asmaketh  that  word 
or  deed  inductive  to  fin,  or  impeditive  of  the  fpiritual  life, 
or  comfort  of  others. 

§  2.  Church  difcipiine  ferves  chiefly  to  curb  and  retrain  when  offen- 
the  more  peccant  humours  of  profeflbrs,  and  therefore  fins  ces  are  to  be 
of  infirmity,  flricliy  fo  calied,  which  are  not  in  themfelves  brought  to 

fo  fcandalous  to  others,  ihauld  not  be  any  part  of  the  ob-  Pl-Dllc>  and 
■  0.   i  r       ,         -r    .  ,r       .  .     J  *  when  not. 

ject  tnereor,  otnerwile  its  exercife  might  prove  more  mo- 
Jelling  and  offend ve  than  edifying  and  fanative.  Again, 
offences  from  difputable  practices,  or  things  indifferent,  are 
not  properly  the  object  of  church  cenfure,  becaufe  there  is 
not  a  foiid  ground  therefrom  for  thorough  conviction  of  the 
party.  Further,  offences  which  the  church  may  find  can- 
not be  proven,  ought  not  to  be  profecute,  for  thus  her  au- 
thority is  much  weakened,  and  neither  is  the  offender  edi- 
fied. In  the  laft  place,  though  fome  grofs  fcandals  (which 
cire  not  public  or  flagrant)  may  be  proven  by  two  or  three 
■witnefles,  (efpecially  if  it  be  againlt  a  perfon  otherwife  or- 
derly,) yet  he  is  not  therefore  to  be  cited  to  apr-ear  in  pu- 
blic, except  upon  fuppoficion  of  his  obftinancy  to  acknow- 
ledge 


198  Government  of  the       Eook IV. 

ledge  the  offence  to  thofe  who  knew  and  were  offended 
therewith  ;  which  method  is  agreeable  to  that  of  Chrift's 
prefcribing,  Matth.xviii.  for  the  removal  of  private  offence. 
But,  on  the  other  hand,  fcandal  fliould  be  taken  public  no- 
tice of,  when  they  arc  of  their  own  nature  grofs  and  infec- 
tious ;  next,  when  the  offence  becomeih  public,  though  at 
firft  it  was  not  fo,  and  when  it  is  accompanied  with  con- 
tempt of  private  admonition,  or  with  frequent  relapfes 
therein. 
The  ends  and      §  3.  Church  difcipline  and  cenfures  are  for  vindicating 
"^  ,°* |.c*mrc"  the  honour  of  Chrifl,  that  fuffers  in  the  mifcarriage  of  any 
di  cip  me.       memDer  :  again,  they  are  inflicted  on  the  church's  account 
for  preferring  of  her  authority,  difcipline  being  as  the  ec- 
clefiaflical  whin  for  that  end,  and  for  preferring  her  from 
corruption  by  the  fpreading  of  the  leaven  of  profanity.  A- 
nother  end  of  church  difcipline  is  for  the  offender's  good, 
that  they  may  be  afhamed  to  the  deflruclion  of  the  flefh, 
and  faving  of  the  fpirit  in  the  day  of  the  Lord  Jefus,  1  Cor. 
v.  5.  act  i  r.  Aflem.  1707.  cap,  1.  feci.  3. 
Offences  of        §  4.  The  fame  offences  upon  the  matte'r  are  not  to  be 
the  lame        profecute  at  all  times,  nor  againfl  all  perfons,  and  in  all 
kmd,  not  to    r]aces    jn  tjie  fame  manner  :   thus  we  fee  the  A  pottle  Paul 
be  ahva\  s        )     r  r  r    •  t  r  1 

managed  af-  in  lome  cafes  ceniunng  corrupt  men,  as  rlymeneus  and 
tcrthe  fame  Phiietus,  1  Tim.  i.  20.  fometimes  he  threateneth,  and  yet 
manner.  fpareth,  although  the   fcandal  did    merit  cenfure,   Gal.  v. 

12.  he  faith,  1  wifli  they  were  cut  off  that  trouble  you; 
yet  he  cuts  them  not  then  off,  becaufe  he  found  not  the 
prefent  circumilances  of  the  church  to  require  it.  See  alfo 
2  Cor.  x.  6.  where  he  faith,  having  in  a  readinefs  to  re- 
venge all  difobedience,  when  your  obedience  is  fulfilled  ; 
therefore  it  ought  not  always  to  be  accounted  partiality, 
when  fuch  differences  in  church  procedure  are  obferved  ; 
providing  nothing  be  done  with  relpecl  of  perfons.  on  ci- 
vil or  natural  accounts :  and  alfo,  providing  the  difference 
be  rather  in  the  manner  and  circumftances  of  proceeding 
againfl  fome  offences,  (efpecially  if  they  be  fuch  where 
no  rule  how  to  proceed  againfl  them  is  fixed,)  than  in  dif- 
penfing  with  what  feemeth  to  be  material. 
The  order  §   5.  The  order  prefcribed  by  our   Lord  Jefus  Chrifl, 

prefcribed,  Matth.  xviii.  for  repairing  and  profecuting  of  private  of- 
toTe'ob^'v  fences;  imPlies>  lft>  Tbat  whether  they  be  in  leiTer  par- 
ed, and  what  ticulars,  or  in  greater,  yet  if  known  to  but  a  few,  they 

it  implies.  are 


Tit.  i.        Church    of     Scotland.  199 

are  notinftantly  to  be  brought  to  public,  (except  fome  cir- 
cunaftance  neeeffitate  the  fame  for  greater  edification) 
which  order  ought  to  be  obferved  by  minifters,  elders, 
and  private  perfons,  act  1  1.  Aflem.  1707,  cap  2.  feci:.  1. 
It  implies  further,  that  when  the  perfon  offending  doth  ac- 
cept of  a  private  admonition,  there  is  then  no  more  men- 
tion to  be  made  thereof.  Again,  if  that  private  admoni- 
tion prevail  not,  then  the  perfon  offended  is  purpofely  and 
ferioufly  to  take  two  or  three  with  him,  for  the  further 
reclaiming  and  admonition  of  the  offender,  before  it  come 
to  the  church,  which  may  be  fitly  done  at  minifterial  vi- 
fitation  of  families.  Moreover,  it  implies,  if  this  hath  not 
the  defired  effect,  then  is  the  offence  to  be  delated  unto 
the  church- feflion  ;  and  when  it  is  brought  there,  it  were 
fit,  that  fome  who  had  been  witnefles  to  the  private  admo- 
nition, were  brought  with  the  parties,  to  inform  the  judi- 
catory, and  inltruct  that  the  offender  hath  been  ferioufly 
admonifhed  in  private,  but  without  fuccefs :  therefore  it 
is  convenient  that  the  witneffes  to  the  private  admonition 
be  members  of  the  feffion.  In  the  laff.  place,  we  may 
draw  from  this  order,  that  if  the  feffional  admonition  have 
weight  with  the  offender,  10  as  to  reclaim  him,  and  fatify 
thofe  he  had  fcandaiized,  there  is  no  need  for  rebuking 
him  before  the  congregation,  except  the  forbearing  a  con- 
gregational rebuke  may  hazard  the  infection  of  others,  and 
encourage  them  to  follow  the  offender's  practice. 

§  6.  One  is  obftinate  when  he  doth  refufe  either  to  When  a  per- 
hear  private  admonition,  or  doth  decline  to  appear  and  an-  fon  is  to  be 
fwer  before  church  judicatures,  after  a  third  citation,  ei-  acc^«ted 
ther  perfonally  apprehended,  or  a  copy  thereof  left  at  his  oaitmate# 
dwelling  houfe:  but  one  citation  given,  a  pud  acta,  is  per- 
emptory, and  difobedience   thereunto  may   infer  contu- 
macy likewife,  act  11.  Aflem.    1)07,    cap.  2.  feet.  4.  5. 
In  the  next  place,  it  is  contempt  in  one,  when  appearing, 
to  juftify  his  offence,  or  deny  it  when  evidently  proven. 
It  is  alfb  contempt,  when  one  acknowledges  his  offence, 
but  with  a  proud  and  infolent  behaviour  ;  or,  who  ufeth 
haughty,  reflecting,  or  irreverent   expreffions.     Such  an 
offender  doth  thereby  vilify  the  ordinance  of  Chrift.  more 
than  if  he  had   made  no  compearance  at  all,     Laftly,  it 
may  be  conftructed  a  not  hearing  of  the  church,  when  one 

continues 


200         Government    of    the  Book  IV. 

continues  to  commit  the  fame  fins,  notwithstanding  of  his 
ferious-like  penitence  for  the  fame. 
What  fatif-  §  7-  Every  verbal  acknowledgement  and  promife  of  a- 
fvr  g,  and  mendment,  ought  not  always  to  be  fo  fatisfying  as  to  fift 
what  not,  for  procefs .  for  notwithftanding  of  all  that,  the  offender's  gef- 
fcandsi"^  °  ture  wnen  compearing-,  his  expreffions  elfewhere,  and  his 
common  walk  and  converfation,  may  convince  the  judica- 
tory that  he  is  but  a  mocker  ;  on  the  other  hand,  church  - 
officers  ought  not  to  delay  the  removing  of  an  offence,  till 
they  be  fatisfyed  that  the  offender  is  fincerely  and  graci- 
ouily  penitent,  for  that  would  engage  church  judicatures 
to  decide  as  to  the  (late  of  fome  fouls,  which  is  bold  for 
them  judicially  to  dive  into,  and  when  all  is  done  impoffi- 
ble  to  arrive  at  any  certainry  about  it.  it  is  to  be  noticed, 
that  in  church -difcipjine  a  difference  is  to  be  made  be- 
tween wha  is  fatisfaclory  unto  a  church  judicature,  (o  as 
to  admit  the  offender  unto  all  church  privileges,  as  if  the 
offence  had  never  been  ;  and  what  may  be  fatisfying,  fo  as 
to  (1(1  procedure  for  the  time.  Upon  Simon  Magus  his 
confeffion,  A£ls  viii.  24.  it  is  probable,  that  as  he  then  did 
thereby  prevent  excommunication;  fo  upon  it,  it  is  not 
probable  that  he  was  thereupon  immediately  .admitted  into 
church  communion.  There  is  requifite  then  in  the  offender, 
who  intendeth  to  have  accefs  to  church  privileges,  a  fo- 
ber,  ferious  acknowledgement  of  the  offence,  with  the 
expreffion  of  an  unfeigned-like  purpole  to  walk  inoffen- 
(Ively,  and  efpecially  to  watch  againfl  relapfes ;  and  if 
there  appear  no  ground  for  hindering  the  judicature  to  e- 
(leem  the  uffender  one,  who  purpoleth  as  he  exprelletb, 
they  fliould  accept  of  his  expreffions  as  fatisfaclory, 

„r,  4  8.  By  the  act  of  Affembly  1^06,  ratified  1628,  it  is 

Who  are  to  y.        /    ,  c  ...       •  1  [•     n      1        if 

be  admitted   appointed,  tnat  none  i ailing  into  public  llanders  be  recei- 

to  public  re-  ved  into  the  fellow/hip  of  the  kirk,  except  the  minider 

pentance,       nave  f0<ne  appearance  and  warrant  in  confeience,  that  he 

and  when  to  j^ar|a  l>0tH  ^  feeling  of  fin  and  apprehenfion  of  mercy,  and  for 

be  abiolved.      ..  ' "^    ,         ,b      ..n  XY  .      ..,.      .      1    £_•  1 

this  effect  that  the  minuter  travel  with  him  in  doctrine,  and 

in  private  iniiruclion,  to  bring  him  hereto,  and  efpecially 
in  the  doctrine  of  repentance  ;  which  being  neglected,  the 
public  place  of  repentance  is  turned  into  a  mock.  By  the 
4th  a&  of  Adembly  1705,  they  do  appoint  and  ordain, 
(with  refpecl  to  fcandals,  the  groffnefs  whereof  makes  it 
necedary  to  bring  the  perfons  guilty  oftner  than  once  be- 
fore 


Tit.  i.         Church    of    Scotland.  201 

fore  the  congregation.)  that  after  fuch  perfons  are  cdWfldk 
before  the  feffion,  it  be  judicially  declared  unto  them,  that 
they  have  rendered  themfelves  incapable  of  communion 
with  the  peopleof  God  in  fealing  ordinances,  and  that  they 
be  appointed  to  appear  m  public  to  be  rebuked  for  the:r 
(in,  whether  they  appear  penitent  or  not,  conform  to  the 
divine  inititution,  ;  Tim.  v,  20.  And  it  is  referred  to  ihc 
refpective  church  judicatures  concerned,  to  determine  how 
often  fuch  delinquents  fhall  appear  in  public  ;  and  they 
ordain,  that  after  a  public  rebuke,  the  miniftcr  and  elders 
be  at  further  pains  in  indrucling  the  minds  of  the  fcandai- 
ous,  and  that  the  feifion.  upon  fatisfacYion  with  their  know- 
ledge, and  fenfe  of  their  fin,  do  admit  them  to  public  pro- 
feflion  of  their  repentance,  in  order  to  abfoUition  :  But  * 
if,  after  taking  pains  on  them  for  fome  competent  time, 
they  dill  remain  grofsly  ignorant,  infenfible,  and  unifor- 
med, the  feflion  is  to  advife  with  the  prefbytery ;  and  if 
the  prefbytery  fhall  fee  caufe,  that  then  the  fentence  of 
the  lefler  excommunication  be  pronounced  againft.  them  in 
face  of  the  congregation,  from  which  they  are  not  to  be 
relaxed,  nor  admitted  to  make  public  profeffion  of  their 
repentance,  in  order  thereto,  till  the  feffion  be  farisfied 
with  their  knowledge,  ferioufnefs,  and  reformation. 

§   9.   By  the  nth   aft,   AfTembly  1707,   cap  g,  in  of-  Drunkennefs, 
fences,  fuch  as  fwearing,  curling,  profaning  of  the  Lord's  Rearing, 
day,  drunkennefs,  and  other  fcandals  of  that  nature,  or-  je?  ® 

dinarily  the  guilt  for  the  firfi  fault  would  be  fpoken  to  in  gainll. 
private  by  the  miniflcr  or  an  elder,  and  on  promife  (from 
a  fenfe  of  guilt)  to  amend  after  admonition,  they  may  (ill 
there  ;  but  if  the  perfon  relapfe,  he  fhould  be  called  be- 
fore the  feifion,  and  if  found  guilty,  may  be  there  judici- 
ally rebuked,  where  the  feffion,  on  promife,  from  a  due 
fenfe  to  amend,  may  again  (ill;  but  if  the  perfon  amend 
not  after  that,  the  feffion  fhould  orderly  proceed,  unlels 
repentance  appear,  and  due  fatisfacYion  be  offered,  till 
they  inflift  the  cenfure  of  the  leifer  excommunication. 

§  10.  Perhaps  an  offender  may  make  luch  fatisfying  ac-  Public  place 
knowledgemcnrs  for  his  fcandai,  that  the  judicature  can-  of  repentance 
not  but  judge  ihem  fufficient  to  remove  the  fame,  but  on-  ^-^ent 
lyhe  refufes  to  appear  in  the  accnitomed  place,  where  fcan-  - 
dalous  perfons  do  publicly  profefs  their  repentance ;  in  which 
cafe,  I  am  fure,  that  formality  and  circumflance  of  a  fixed 

D  d  place 


202         Government    of    the      Book IV. 

place  is  not  of  uch  mo  ent,  as  to  bear  the  ftrefs  and  weight 
of  one  fatisfying  the  church.  For  the  apoftolical  order,  i 
Tim.  v.  20.  joining  all  who  have  offended  publicly  to  be 
rebuked  before  all,  is  fufficienrly  anfwered  by  their  recei- 
ving a  public  rebuke  for  their  fcandal,  in  the  lifuaJ  place 
and  feat  where  they  hear  the  word  preached  and  that 
without  putting  of  their  perfon  under  arreft  in  fome  certain 
place,  for  fome  time 

§     i.  The  key  of  docVine  differs  from  the  key  of  diP 
tri^>  anddif-  c:P^ne»  ^us ;  tRe  frit  doth  only  abfolve  a  finrer  upon  the 
cipfine  how    Condition  of  faving  grace,  but  the  other  d<  th  abfolve  upon 
the)  differ,     an  outward  ferious  profeffion  of  repentance ;  by  the  one 
mens  faults  are  only  reproved,  but  by  the  other  particular 
perfons  are  by  name  reprehended      Though  a  ;  erfon  be 
guilty  of  fome  alledged  (candalous  (in.  yet  a  miniiler  can- 
not, in  public,  give  him  an  eccieiiafiic  rebuke  for  it,  with- 
out the  previous  trial,    and  thereafter  the  fentence'  of  a 
church  judicature,  otherwife  he  ufurpeth  their  authority, 
and  fiieweih  moreof  himfelf  than  of  refpect  to  church  order 
and  edification.    Indeed  I  confefs  a  miniiler  may  fometimes 
very  confequentially  from  his  text  reprove  fuch  (ins,  and 
their  aggravations,   as  may  make  imprcfTion  upon  all  the 
hearers,  that  the  application  does  agree  with  (uch  circum- 
ilantiate  fins,   whereof  they  know  fuch  perfons  to  be  guil- 
ty.    In  which  cafe,  the  reproof  is  to  be  regarded  as  co- 
ming from  the  word  of  God  :  rut  if  there  mufc  be  a  plain 
deviation  from  the  text,  before  the  preacher  can  get  that 
fin  then  reproved,  in  that  cafe  it  looks  fomewhat  like  ade- 
fign,  and  cannot  but  be  feared  it  may  want  its  due  autho- 
rity.    Now  a  miniiler  may  eafiiy  prevent  this,  if  .he  fhall 
but  chnfe  thofe  texts  which  point,  without  any  violence, 
againft  fuch  fins 
When  neccf-      §    2-  At  the  offender's  firit  appearance,  he  is  toacknow- 
farv  that  of-   ledge  himfelf  guilty  of  the  fin  for  which  he  is  to  be  rebu- 
fcndersfhould  kcd.     Again,   he  fhouid  edifyingly  declare  his  forrow  for 
ipeakinpu-    ^  befort  aDfblution,  that  the  congregration  may  the  more 

bhc,  and  how  ,.   ,,  ,     .     .. .  ,     .        °     o      m  J 

a  public  re-  cordially  readmit  rum  into  their  communion,  lint  much 
buke  is  to  ba  or  oft  fpeaking  is  to  be  demanded  or  allowed  as  it  may  be 
given.  found  molt  edifying:   yet  all  recant. tions  of  errors  are  al- 

ways to  be  made  explicitly.  A  public  rebuke  ought  to  be 
fo  managed,  that  there  be  no  ground  given  for  conducting 
it  a  penance,  punilhment,  or  mark  of  reproach,,  but  the 

miniiler 


Tit.  i.        Church    of    Scotland.  203 

nvnifter  is  to  carry  therein,  as  one  much  affected  and  af- 
flicted with  the  fin  :  he  is  to  behave  authoritatively,  having 
words  fitted  for  edifying  the  congregation,  and  humbling 
of  the  offender.  And  that  the  authority  and  folemnity  of 
the  rebuke  may  have  the  deeper  impreffion  on  all,  it  were 
fit  that  God  were  addrefied  in  reference  thereto,  either  be- 
fore or  after  the  rebuke. 

§  i  j«  Matters  may  fall  under  the  cognition  of  church  ju-  infcr.fty,re  :a 
dicatures  feveral  ways ;  as,  firft,  by  accufation,  when  a  crimen,what, 
party  formally  appcareth    as  an  accufer,  and  is  content  who  is  a  ca- 
(i  inferibere  in  crimen";  that  is,  to  bind  himfelf  to  un-  lai™uous  *<?• 
derly  the  fame  cenfure,  (he  not  proving  the  accufation)  wh0  cannot 
which  the  defender  won  Id  have  merited,  had  the  libel  been  accufe,  how- 
proven.     If,  upon  trial,  there  be  found  any  preemptions  informers  are 
of  guilt,  or,  if  it  appear  that  th  re  was  a  L(  fama  clamofa"  g>  teceiilu-. 
for  what  is  libelled,  the  pnrfuerin  that  cafe  ought  not  to  be 
repute  a  column  ous  accufer,  even  though  he  fuccumb  in 
his  probation.      No  infamous  perion  can  be  admitted  an  ac- 
cufer.    infamy,  by  Matihaeus  de  criminibus,  is  defined, 
"  Ignominia  feu  e-iflinationis  laefio,  quae  quis  virorum  ho- 
V  neilorum  numero  eximitur."  Neither  are  fuch  as  are  con- 
temners of  church  authority,  or  who  have  been  in  former 
purfuits  raffi  and  calumnious,  to  be  admitted  accufers.     A 
formal  accufer  is  not  necedary  when  the  offence  is  public, 
Jf  a  party  cited  either  upon  accufation,  or  order  of  the  ju- 
dicature, be  found  innocent  and  acquitted,   thefe  who  in- 
form them  thereof,  whether  the  party  require  it  or  nor, 
ought  to  be  noticed,  cither  for  their  calumny  or  impudence, 
as  they  fhaii  find  caufe,  act.  u.  Aflerubly  1707,  cap.  2. 
feci.  8. 

§  14.  An  accufation,  though  unduly  given,  fhould  have  Scandals 
this  effect,  as   to   prompt   the  judicatory   to    inquire    and **.—?    -  !n" 
fearch  into  the  truth  of  the  things  reprefented.     This  gives  ilrTon^and  e" 
no  allowance  to  fearch  and  prey  into  faults  "  ex  levibus exception. 
"  cotjecluris ;"  but  the  warrant  for  it  fhould  be  founded 
upon  "  fama  publica,  clamofa,  et  frequens."     A  delation 
h  a  verbal  information  or  intimation  made  againft  fome  per- 
forms, for  faults  and  offences,  unto  the  members  of  a  church 
judicature.     By  the  canon  law,  an  informer  or  delator  doth 
differ  from  an  accufer  in  this,  that  he  is  not  oblieed,  "  in^ 
4*  fenbere  in  crimen ;"  neither  incurs  he  any  penalty,  al- 
though the  information   be  not  proven  •,  and  by  the  i  1  til 

D  d   2  act, 


204  Government    of  the     Book IV, 

An  informer  act,  Aflembly  T707,  cap.  ?,  feci.  10.  the  informer  maybe 

may  be  a  wit-  a  witnefs,  except  in  the  cafe  of  pregnant   preemptions  of 

malice  againft  the  perfon  aceufed,  or  where  he  formerly 

complained  for   his   own  i-^tereft.     Many  times  offences 

and  fcandals  are  difcovered  to  church -judicatures,  by  the 

exceptions  or  objections   proponed   by  parries  againft  each 

other*;  I  confefs  there  ufeth  to  be  too  much  liberty  taken 

for  recriminations  in  precedes,    which   at  any  other  time 

were  more  inexcu fable 

Where  fc?n-       §  j^.  When  perfons  guilty  of  uncleannefs  live  in  diffe- 

aalous  per-  parifkes,  the  proceis  aid  cenfures  againft  them  are  to 

fonsare  to       J    ,     \c  •  '  *  " 

fatlsfy  and     be  before  that  leikon  wncTe   the  woman  liveth,   or  where 

what  wai>  the  fcandal  is  mod  notour.  If  the  uncleannefs  be  com- 
rarts  a  kirk-  fitted  where  neither  party  refides,  as  perhaps  in  the  fields, 
niitproceft  "  or  ,n  t,me  °f  ^rs  or  markets,  in  thefe  cafes,  they  are  to  be 
for  unclean-  procefled  arid  cenfured  where  their  ordinary  abode  is,  ex- 
ntis.  ccpt  the  place  of  their  abode  be  at  a  confiderable  ditlance 

from  the  place  where  th?  fin  was  committed,  and  the 
fcandal  be  moft  flagrant  where  it  was  committed  The 
•  feffion,  where  the  fin  is  to  be  tried  and  cenlured,  is  to  ac- 
quaint the  other  feffion  where  any  of  the  parties  refide, 
who  are,  ex  debito,  to  caufe  fummon  them  to  compear  be- 
fore that  feffion  where  the  fcandal  is  to  be  tried.  Church 
feffions  are  not  to  enter  upon  procefTes  for  uncleannefs 
where  there  is  not  a  child  in  the  cafe,  unlefs  the  fcandal 
be  very  flagrant;  for,  upon  the  one  hand  many  of  thefe 
action?,  which  gave  occafion  to  the  railing  the  fcandal  of 
uncleannefs,  are  fuch  as  are  not  themfelves  alone  public- 
ly cenfiruble,  but  are  to  be  pafl  by  with  a  private  rebuke; 
yet,  on  the  other  hand,  fome  of  thefe  actions,  which  come 
under  the  name  of  fcandalous  behaviour,  may  be  fo  lafci- 
vious  and  obfeene,  and  cloathed  with  fuch  circumftances, 
as  may  be  asoffenfive  and  cenfurableas  the  act.  of  unclean • 
nefs  itleif,  act  1 1.  cap.  4.  Aifembly  1707, 

TITLE     II. 

Of  the  TranficJion,  and  Prefer iption  of  Scandals. 

Tranfa&ions  §  |,  'TH  Hough  a  party  who  commenced  a  procefs  of 
betwixtpar-  JL     fcandal,  doth  difclaim  or  renounce   the    fame, 

fS'proceS?1  >Tet  r^e  c^urc^  may  proceed;  for  tranfa&ions  between  par- 
ties 


Tit.  3.         Church    of    Scotland.  205 

ties  cannot  take  away  the  church's  intereft  in  removing  of- 
fences;  yea,  even  though  a  party  hath  been  dif  miffed  for 
a  time,  through  wane  of  probation,  if  it  fhall  afterwards 
emerge,  the  procefs  may  thereupon  be  wakened. 

§  2.  By  the  1  ith  adl,  Aflembly  1707,  cap.  1.  fe&.  4.  ^J^J9* 
the  feveral  judicatures  of  this  church  ought  to  take  time-  ^  ^JjJKf 
ous  notice  of  all  fcandals  ;  but  it  is  judged,  that  if  a  fcandal  and  requiring 
fhall  happen  not  to  be  noticed  in  order  to  cenfure,  for  the  of  teftimoni- 
fpace  of  five  years,  it  fnould  not  be  again  revived,  foas  to  a^s* 
enter  in  a  procefs  thereanent ;  (unlefs  it  be  of  a  very  hei- 
nous nature,  or  become  again  flagrant -J  but  the  confcienccs 
of  fuch  perfons  ought  to  be  ferioufly  dealt  with  in  private, 
to  bring  them  to  a  fen  fe  of  their  fin  and  duty.  And  for  the 
famereafon,  perfons  who  have  refided  in  parifhes;  for  the 
fpace  forefaid,  fhould  not  ordinarily  be  challenged  for  want 
of  rciiimonials.  W'ben  nothing  hath  been  objected  by  the 
members  of  prefby  teries4  or  feiTions,  againft  any  of  the  mi- 
nifters  or  elders,  at  the  privy  cenfnres  of  thefe  refpeclive 
judicatures,  the  members  thereafter  ought  not  to  be  heard, 
in  their  accufations  againft  one  another,  for  any  thing  that 
was  committed  before  the  lafr.  privy  cenfure  ;  and  neither 
fhould  the  people  be  henrd  in  their  accufations  againft  any 
of  their  minifters  or  elders,  or  any  of  the  minifters  or  elders 
againft  one  another,  for  any  thing  that  was  committed  prior 
to  the  lad:  prefbyterial  vi (nation  of  the  parifh,  becaufe  then 
it  was  the  lea  (on,  and  hour  of  caufe,  to  have  propaJled  it, 
if  private  methods  had  not  fucceeded  for  removing  the 
fame  ;  and  the  infilling,  after  fuch  an  omiflion,  is  renderr d 
mod  fufpicious,  unlefs  fatisfyingreafons  be  given  for  it.  bee 
cap.  7.  feef.  9.  of  the  forecited  act  of  Aflembly. 

TITLE    in. 

Of  Libels,  Probation,  and  Citation. 

§  1.  A    Libel  is  a  law  fyllogifm,  confiding  of  the  pro- A  libel  what. 

-^ -*-  pofition  or  relevancy,  which  is  founded  upon  the 
laws  cf  God,  or  fome  ecclefiaftical  conditution  agreeable 
thereto,  as,  vvhofoever  is  abfent  from  public  divine  fer- 
vice  on  the  Lord's  day,  ought  to  be  cenfured.  The  fe- 
cond  part  confifts  of  the  f  ubfiimption  or  probation,  which 
condefcends  on  matter  of  fact,  viz.  But  fuch  a  perfon  did, 

upon 


206  Government    of    the       Book  IV. 

upon  frch  or  fuch  a  Lord's  day,  abfem  unneceflarily  from 
the  public  wcrfhip  of  God.      The  third  part  confifts  of  the 
condufion  or  fentence,  wfrch  contains  a  dedre,  that   the 
profaner  of  the  Lord's  day,   according  to  the  laws  and  cu- 
A  copy  of  the  ftoms  mentioned  in  the  flrft  part,  mav  be  cenlured. 
libel,  with  a        §  i.  By  cap  2.  feci:   7   aft     1    aflembly  1707,  the  mo- 
lift  of  witnef-  dcntor  is    0  inform  the  offender  appealing,  of  the  occafi- 
ySy  t0  be.de-  on  of  his  being  called,  and    ogive  him,  if  dcfired,  a  fhort 
muft  co'ndc-    nore  thereof  in   writing,    with  the  names  of  the  witneffes 
(tendon  time  that  are  to  be  mnde  "fe  of  againlt   him,  that  fo  he  may  be 
aud  place.      prepared  to   defend  himfelf,  which   is    agreeable  to   the 
common  principles  of  jufiice  and  equity.     r\  he  libel  mud: 
condrfcend  on  time  and  place,  when  and  where  the  facts 
and  offerees  libelled  were  committed,  that  fo  the  offender 
mav  rot  be  precluded  from   proving  himfelf  to  have  been 
abfent,  and  fo  impolTiblefor  him  to  have  done  fuch  a  deed, 
or  f)  offended,  at  the  time  and  place  libelled. 
What  is  a  re-      §3     The  relevancy  of  the  libel  is  the  jufrnefs  of  the 
levant  libel,    prop -htion,  whether  the  matter  of  faft  fubfumed  be  pro- 
It  is  unlawful  ven  or  not.  an.|  trierefore>  jf  tne  thing  offered  ro  probation 

fes  or  on  the  be  obvioufly  irrelevant  a;id  frivolous,  it  ought  to  be  rejeft- 
affize  ot'irre-  ed,  and  not  admitted  to  proof:  for  nothing  is  to  be  admit- 
levant  libels,  ted  by  any  church  judicature,  as  the  ground  of  a  procefs 
for  cenfure,  but  what  hath  been  declarer  cenfurable  by 
the  word  of  God,  or  fome  aft  or  univerfal  cuftom  of  this 
church  agreeable  thereto,  as  faid  in  cap.  1  feci:.  4.  foreci- 
ted  aft.  Although  one  article  of  the  libel  per  je  be  not 
relevant,  yet  if  three  or  lour  articles  conjunSim  be  rele- 
vant, the  fame  may  be  admitted  to  probation  The  rele- 
vancy of  a  libel  is  fo  much  to  be  regarded,  that,  I  think, 
it  is  unlawful  for  any  to  be  either  witnelles  or  members  of 
inqueft  upon  irrcleva;  t  libels.  What  ?  Is  not  this  to  be  a 
vvitnefs  againft  thy  neighbour  without  caufe,  Prov  xxiv. 
28.  It  was  a  truth  that  Abimelich  the  prieft  gave  hallowed 
bread,  and  the  fwond  of  Goliah,  to  David;  yet  it  was  a 
bloody  fin  for  Doeg  the  r  domite,  to  inform  the  wicked 
King  againit  the  Lord's  prieft,  1  Sam  xxi.  and  xxii.  It 
was  a  prefbyterian  minilter's  duty  to  preach  the  gofpcl 
under  the  late  perfecution,  fecretly  and  cautioufly,  to  ho- 
nefr.  hearers  at  their  defire  ;  yet  it  would  have  been  a  Do- 
eg like  fin,  to  have  witneffed  the  truth  in  that  matter  be- 
fore our  then  judges,  feeing,  by  the  bth  aft  cf  pari.  1 085, 

it 


Tit.  3.         Church    of     Scotland.  207 

it  was  death  for  fuch  even  to  preach  in  houses.     What  is 
here  faid  againft  fuch  witnefs  bearing,  ftrikes  with  as  inuch 
force' againit  the  members  of  inquefls  finding  fuch  irre  e- 
vant  libels  proven;  for  though  it  was  both  true,   what  the 
one   'itne'Jed,  and  the  other  found-   yet  I  would   be  af- 
fraid.  if  1  were  in  their  cafe   that  before  God  I  Should  be 
condemned  as  accellory  to  the  fticdding  of  innocent  blood. 
Before  the   witness  be  judici  lly  examined    the  accuied  ««      tj* 
party  is  to  be  called,  and  the  re]  vancy  of  the  libel  difcuf-  ieVancy  is  to 
fryl,  feci:  10.  can.  2.   act  forefaid.      But  in  caufes  intricate  be  difcuiled. 
and  difficult,  the  difcuifin^  of  the  relevancy  may  be  de- 
layed till  probation  be  taken  ;  and  th«  n,    greater  light  be- 
ing thereby  given,  both  relevancy  and  probation  may  be 
advifed  jointly,  as  the  Lords  of  feffion  and   privy  council 
have  often  times  done. 

§  .+  .  When  the  libel  is  read,  the  defender  fometimespro-  Exculpation 
pofeth  a  defence,  which,  if  admitted  and  proven,  excul  defcinbed, 
pates  and  clears  him  from  the  fault  libelled,  either  in  whole  {^  ^a^ted 
or  in  part:  as,  if  the  libel  be  murder,  aud  tue  defenfe  - 
culnata  tute/a;  or  if  the  libel  be  adultery*  at  fuch  a  time 
and  place,  and  the  defence  be  a  ih.  But  the  party  accu- 
fed  muft;  before  probation,  offer  the  grounds  of  exculpation 
to  be  proven  by  witneiles;  in  which  cafe  the  moderator  and 
clerk,  if  required,  are  to  give  warrant  to  cite  witntfles  u- 
pon  the  part:es  charges,  the  relevancy  of  the  offered  ex- 
culpation being  firft  fuifained  by  the  judicature  :  and  if  the 
exculpation  he  fully  proven,  all  further  proof  of  the  I  bel 
mult  there  fill.  But  if  the  lubflar.ee  of  the  fcandal  be 
once  proven  there  can  be  no  place  for  exculpation,  un- 
lefs  it  be  as  ro  fane  extenuating  circumfcances,  not  contra- 
ry to,  but  confining  with  the  dcpolitions  already  taken. 

§   1 .  Probation  is  that  whereby  the  judge  is  convinced,  Probation, 
that  what  is  averted  is  true ;  and  he  muit  be  convinced  ei-  what,  and  by 
ther  by  confeflion  or  da  h  of  party,  or  writ,  witneiles,  or  conltllion- 
preemptions,  as  fallows :  probation  by  confeffion,  if  judi- 
cial, is  the  ftrongefi  of  all  probation;  but  if  men  confefs  a 
crime,  rather  from  wcarinefs  of    or  averfion  to  hfe,  than 
from  conscience  of  guilt:  or.   if  there  appear  any  iigns  of 
did  action  or  madncls    then  fuch  confeflions  ought  not  to 
be  relied  upon,  except  they  be  adminiculate  with  other  pro- 
b  tio.m     Confeflions  before   a  church  judicature  are  not 
relied  upon  before  civil  courts,  except  they  be  renewed 

before 


2o8     "    Government    of    the        Book  IV. 

before  themfelves;  and  fo  it  is  e  contra,  for  men  may  in- 
cline to  confefs  things  before  church  judicatures,  knowing 
that  church  difcipline  is  "  medicina,  non  poena, "  or  "  ob 
m<  Jevamen  confeientis?,"  which  ought  not  to  be  difcouraged: 
whereas  they  may  deny  the  fame  fault,  and  refile  before 
the  civil  judge,  for  fear  of  corporal  punifhment. 
Oath  of  ca-        §  6.  An  oath  of  calumny  may  be  exacted  of  either  par- 
1  lmny,  veri-   ty,  whereby  they  fwear  that  they  believe  or  judge,  that 
^ '^      °u2  tne  points  they  infift  on,  are  both  jnft  and  true,  and  they 
*  will  be  holden  asconleiled,  if  they  refufe  to  depone  wru«i 
required.      Ly  an  oath  of  verity,  or  for  confirmation,  the 
fwcarer  pofitively  afflrmetli  by  his  oath,  that  what  he  afiert- 
etli  is  true  -,  and  it  is  the  only  oath  fworn  by  a  party  which 
can  terminate  the  plea  and  ft  rife       But  by  an  oath  of  cre- 
dulity, the  iwearer  doth  not  adert  the  verity  of  the  matter, 
but  the  verity  of  his  belief  of  the  matter,  which  only  ter- 
minates the  plea  in  fb  far  as  to  exclude  him  who  fwear- 
eth,  from  infilling  on  thefe  points  contrary  to  his  own  be- 
lief or  petiuafion;  See  Stair's  lnflit.  p.  698.  701. 
Probation  by       §  /•   if  the  delated  father  of  a  child,  after  private  con- 
oathofpart)  ferences,  do  (fill  deny,  then  the  feflion  is  to  canfe  cite  him 
inftancedj  it  t0  appCar  before  them  :  if  he  perfift  in  his  denial,  when 
isn°r}°    e    compearing,  he  is  to  be  confronted  with  the  woman,  and 
the  prefumptions  held  forth  as  particularly  as  poffibie:  and 
if  after  all  this  he  deny,  though  the  woman's  testimony 
can  be  no  fufficient  evidence  againlt  him,  yet  pregnant 
prefumttions,  fuch  as,  fufpicious  frequenting  her  compa- 
ny, or  being  "  folus  cum  fola,  in  loco  fufpcclo,"  or  in 
fufpecled  pollures,  and  fuch  like,  which  he  cannot  difprovc, 
may  io  lay  the  guilt  upon  him,  as  to  ihew  him,  that  there 
appears  no  other  way  of  removing  the  fcandal,  but  his  ap- 
pearance to  be  publicly  rebuked  therefor:  if  he  will  not 
fubrait  himfeif  to  be  rebuked,  it  is  fafer  that  a  true  narra- 
tive of  the  cafe  be  laid  before  the  congregation,  and  inti- 
mation given,  that  there  can  be  no  further  procedure  in  the 
matter,   till  God  in  his  providence  give  further  light,  than 
that  an  oath  be  preiTcd,  and  upon  refufal,   proceed  to  the 
higher  excommunication.     But  if  the  perfbn  accufed  do 
-  offer  his  oath  of  purgation,  and  crave  the  privilege  there- 
of, the  prefbytery  may  allow  the  faine,  the  form  whereof 
may  be  as  follows. 

§8.1 


Tit  3.         Church    of    Scotland.  209 

§  8.  I  A   B   now  under  procefs  before  the  presbytery  gtvle  of  the 
of  for  the  Cm  of  a  Hedged  to  be  committed  by  oath  of  pur- 

me  with  C    D.  and  lying  under  that  heavy  flander,  being  gaUoii. 
repute  as  one  guilty  of  that  fin:  I,  for  ending  the  (aid  pro- 
cefs, and  giving  fatisfaSioi)  to  all  good  people,  do  declare 
before  God,  and  this  that  I  am  innocenr  and  free  of 

the  faid  (in  of  or  having  carnal  knowledge  of  the 

faid  C  D  and  hereby  I  call  the  great  God  the  Judge  and 
Avenger  of  all  falsehood,  to  be  witnefs  and  judge  againft  me 
in  this  matter,  if  1  be  guilty,  a-  d  this  I  do  by  taking  his 
bieffed  name  in  my  mouth,  and  in  fwearing  by  him  who 
is  the  great  Judge,  Pn  niftier,  and  Avenger,  as  laid  is,  and 
that  in  the  fmcerity  of  my  heart,  according  to  the  truth  of 
the  matter,  and  my  own  innocence,  as  1  (hall  anfwer  to 
God  in  the  la't  and  great  day,  when  I  (hall  ftand  before 
him,  to  anfwer  for  all  that  I  have  done  in  the  flefh,  and 
as  L  would  partake  of  his  glory  m  heaven,  after  this  life 
is  at  an  end. 

§  9     But  this  oath   is  not  allowed   to  be  taken  in  any  When,  and 

.   p,    1       •*!•  1  1  r  r  1        where  ti;is 

cale  but  this,  wnen  the  preiumpttons  are    lo  great,  r^at  oa*h  is  to  be 
they  create  fuch  jealoufy  in  that  congregation  and  feffion,  alWed  and 
that  .nothing  will  remove  the  fufpicion  but  the  man's  oath  taken  ;  and 
of  purgation  ;  and  when  his  oath  will   indeed  remove  the  lts  Sfto&fc 
fcandal  and  fufpicion.     In  all  other  cafes  this  oath  is  in 
vain,   and  fo  fhould  not  be  admitted,  and  never  but  by  ad- 
vice of  the  prefbytery.  .  it  is  to  be  taken,  either  before 
the  feffion,   prefbytery,  or  congregation,  as  the  presbytery 
fhall  determine.      And  if  it  be  taken  before  the  feihon  or 
prefbytery,  it  is  to  be  intimate  to  the  congregation,  that 
fuch  a  perfon  hath  taken  fuch  an  oath,  and  the  party  may 
be  obiiged  to  be  prefent  in  phe  congregation,  and  may  be 
put  publicly  to  own   his   purging  himfelf  by  oath,  and 
thereupon   be  declared  free  from   the   alled^ed   fcandal. 
All   what  concerns  this  o::th,  is  recommended  by  cap.  4. 
left.  6.  &c   of  the  forecited  ac"t  of  Affembiy. 

§    10.  After  an  end  is   made,  as  above,  with  the  per-  How  the  ^o* 
fon  delated  as  father,  the  woman  is  to  be  dealt  with  to  mai3  1S  j°  be 

.  cc  in";  yen 

give  the  true  father  ;  and  if  after  all   ferious  dealing  and  when  the  fad: 
due  diligence,  /lie  give   no  other,  fhe  is  to  be  cenkired  is  not-proven 
according  to  the  quality  of  the  offence  confefled   by  her,  againft  the 
without  naming  the  perfon  delated  ;  the  judicature  refer-  mul1, 
ving  place  fir  further  ccnfnre,  upon  further  difcovery. 

Ee  «  1 1.  If 


210         Government   of    the         Eook  IV. 

Hpwavokui-      §   '*•  If  a 'perfon  do  voluntarily  confefs  uncleannefs 

tarv  and  m?.-  where  there  is  no  child,  and  the  cafe  be   brought  to  the 

Hcionscorfcf-  kirk-feffion,  they  are  to  inquire  whether  it  floweth  from 

pro  unc .  ea-  jj[qUjetne(g  0f  mlnc|    or  from  finiftrous  defign  ;  as  when  a 
nefs  is  to  oe  1  ■  .  .  »  .  .  .0    t  ■"» 

ceniurtd.  wan  tiling  to  a  woman  tor  marriage,  is  denied,  but  ipreads 
the  report  that  he  hath  been  guilty  with  her.  If  it  be 
found  that  there  is  no  ground  for  the  confeifion,  the  per- 
fon confcfting  is  to  be  cenfured  as  defaming  himfelf,  and 
iikewife  as  a  flanderer  of  the  other  party  •,  and  withal,  ap- 
plication is  to  be  made  by  the  feffion  to  the  civil  magiftrate, 
that  he  may  be  punifhed  according  to  law :  fee  that  fore- 
cited  fourth  chapter  of  the  act  of  A  {Terribly. 
Probation  by  §  ,2,  ^  *s  rare  t0  prove  a  fcandal  by  writ,  but  yet  it 
writ.  '  may  happen  fo  to  be  proven,  and  the  want  of  the  writer's 

name  and  witneiTes,  ought  to  be  no  objection  in  church 
courts  acainft  writs,  more  than  in  bills  of  exchange.  If 
one.  denieth  that  to  be  his  fubfeription,  it  is  hard  to  fuftain 
its  being  proven  to  be  his  M  per  comparationem  literarum." 
which  is  but  a  prefumption  ;  and  men's  hands  may  be 
fometimes  fo  artificially  imitated,  that  it  fhall  be  hard  to 
difcern  which  is  which  ;  befides,  one  man's  writ  may  dif- 
fer from  its  felf  at  feveral  occafions. 

-.«"*.;  j   M.    Probable  preemptions,  and  many  concurring, 

Pronation  by  ,3  ,  l  /•       •  11      •     /•    1      u-  \-\ 

prefemrtions  may  ^°  mucn  t0  prove,  eipecially  in  inch  things  which 
rarely  can  be  proven  with  ordinary  clear  nefs.  The  pre- 
fumpiion  of  cohabitation,  after  *he  parties  are  difcharged, 
is  fufneient,  as  may  be  feen  on  that  title,  to  infer  adulte- 
ry :  alfo,  cohabitation,  and  behaving  as  man  and  wife,  for 
ib .v.e  confidcrable  time,  prefumeth  marriage  :  and  the  de- 
poGtions  of  witnefles,  are  fometimes  founded  upon  pre- 
fumption?, as  when  they  depone  upon  things  which  depend 
upon  affcs  of  the  mind,  as,  ebricty,  and  dolus  mains.  But 
when  a  libel  is  only  proven  by  preemptions,  it  is  not  fo 
fafe  to  pafs  the  ordinary  cenfure  thereupon,  as  if  it  had 
been  proven  by  unexceptionable  witnefles  and  full  proba- 
tion. * 

§  14.  Witnefles  may  be  cited  on  fewer  days  than  par- 
Fon  ia  di-  tjcg  ^h*  ^jjgrence  acainft  them  may  run  in  this  form, 
r^liVhvitncf-  V1/-  4*r  A.  £>.  moderator,  &c  roratmucnas  purlucr 

fes,  their  Cxc.  having  applied  to  us  for  a  diligence  to  cite  witneiTes 
:VD1C1  ,  a  in  the  faid  matter,  in  manner  and  to  the  effect:  underwrir- 
c^fred        ten  :  Tkerefpr e  we  require  \ou,  that  upon  fight  hereof, 

ye 


Tit.  3.         Church    of  Scotland.  211 

ye  pafs  and  lawfully  fummon  perfonally,  or  at 

their  dwelling  places,  to  compear  before  us  within  the 
kirk  of  upon  the  day  of  in  the 

hour  of  caufe,  with  continuation  of  days,  to  bear  leal 
and  foothfaft  witneffmg,  upon  the  points  and  articles  of 
the  faid  procefs,  in  fo  far  as  they  know,  or  mall  be  in- 
quired at  them  ;  with  certification  as  efFcirs.  And  this  our 
precept  you  are  to  return  duely  execute  and  indorfed. 
Given,  &c.  by  warrant,  &c.  if  witneifes  refufe  after 
three  citations  to  compear,  then  they  may  be  proceeded 
againft  as  contumacious :  or,  if  judged  needful,  after  the 
frrft  or  fecond  citation  is  difobeyed,  application  mould  be 
made  to  the  civil  magiflrate,  that  he  may  oblige  them  to 
appear;  fee  that  gtta  feci.  cap.  i.  of  that  frequently  above 
cited  act  of  AfFembly. 

§   15.  In  church  judicatures,  women  and  minors  paft  Objections 3- 
fourteen  years  of  age,  are  received  witnefles.  If  the  defen-  S*j?**  v:lt' 
der  appear,  he  may  object  againft  any  of  them,  and  if  the  n  ies* 
objection  be  relevant,  and  made  evident  to  the  judicature, 
the  witnefles  are  to  be  caft :  for  which  fee  that  fame  act.   . 
The  objections  of  infamy,  or  enmity,  are  relevant  to  caft 
any  witnefs :  but  the  defign  of  church  courts  being  "ad 
"  tollcndum  fcandaium,  &  ad  eruendam  veriratem,"  they 
will  fometimes  receive  witnefles  cum  nota,  agai::ft  whom 
fome  common  and  general  objections  have  been  made,  re- 
ferving  to  themfelves  to  confider  how  far  they  will  make 
ufe  of  their  tellimony  at  advifing  the  Efficiency  of  the 
probation. 

§    1 6.  Witnefles  are  to  be  fworn  thus,  lifting  and  hold-  jjow  vritneff- 

ing  up  the   right  hand,  they  fwear  by  God,  and  as  they  esareto  be 

fhall  anfwer  to  him,  they  fhall  tell  the  truth,  and  nothing  firorn*  exa- 

but  the  truth,  cqncermng  the  articles  and  points  of  the  pre-  !-\irrc  l.',  an^ 
r  r       -       r    c  \         i  '    n     n    i         k     i   Tabfcrioe  the 

lent  procefs,    in  lo  far  as  they  know,  or  mall  be  alked.  in'niaiia tetii* 

Which  oath  the  moderator  is  judicially  to  adminifler,  and  menu. 
though  there  be  no  relevant  objection  againft  the  witnefles, 
yet  they  are  to  be  folemnly  purged  of  malice,  bribe,  or 
good  deed,  done  or  to  be  done,  and  of  partial  council,  by 
which  fome  underftand  prompting  or  confulting  for  ma- 
king of  the  procefs.  The  witneifes  are  to  be  fworn  and 
examined  in  pre  fence  of  the  accufed  party,  if  compearing, 
and  he  may  defire  the  moderator  to  propofe  fuch  quefli- 
ons,  or  crofs  crueftions,  to  the  wirncifes,  as  may  tend  to  his 

£  e  z  c:i- 


212  Government    of    the      Book  IV. 

exculpation,  which  f  the  judicature  think  pertinent,  are 
to  be  propofed  The  initial ia  teftirnoniorum,  fuch  as, 
their  age.  married,  or  unmarried,  or  foluri,  that  is,  wi- 
dows, and  the  like,  are  propofed,  that  the  deponent's  ve- 
racity may  by  thefe  be  treed  If  witnefles  cannot  fub- 
feribe their  rtamds  to  their  depodtion,  the  clerk  is  to  mark 
that  they  declare  they  cannot  write,  and  the  moderator  is 
always  to  fubferibe  the  fame,  whether  they  can  ■■  rite  or 
not.  If  thev  can  but  fubferibe  the  initial  letters  of  their 
names,  they  fhould  do  it,  and  the  clerk  is  to  write  about 
their  mark  thus  (  \dam  A.  B.  Bruce  his  mark). 
Singularity  §  i".  A  Amildar,  witnefs  is  one  that  hath  no  concurring 

pfwitaeffes,    witnefs.      This  fmgularity  is  cither,  "  obttativa."    which 
what.  js>   in  a  crime  not  reiterable;  as  if  one  fhould  depone, <hat 

a  man  was  murdered  at  one  place,  and  another  depone  he 
was  murdered  at  another  place.  A^air,  there  is  a  "  fin- 
"  gularitassominiculativa,"  which  is,  where  the  witncfles 
do  hot  concur  in  their  depotitions  ;  yet  they  are  not  contra- 
ry but  the  one  alfjils  rhe  other,  as  in  the  proving  that  an 
liorfe  was  ftolen  one  ihoukl  depone  that  he  (aw  the  thief 
go  in  without  a  horfe,  and  another  faw  him  take  the  horfe. 
In  the  third  place,  there  is  a  M  fingularitas  diverfihcativa," 
when  wirnefles  depone  different  act>  in  a  crime,  which  is 
referable;  as  if  one  witnefs  depone  upon  an  adulter 
committed  at  one  time,  and  another  of  an  adultery  com- 
mitted at  another  time.  Is  that  perfon's  being  guilty  of 
adultery  fufficientiy  proven  ? 

§  . ' .  Of  things  notour,  there  are  fome  which  cannot  be 
Probation  by  proven  anc[  yet  are  true  as  fucn  a  rnan  js  another's  fon  : 
notoriety,       r         •  /  . 

and  if  uulo-es  other  things  can  be  proven  which  are  "  racti  permanentis, 
may  be  wit-    fuch  as,  that  there  is  a  palace  or  fountain  in  fuch  a  town, 
nefles,  *<  fcc|  notorium  non  indiget  probauone  "     Again,  there  are 

things  notour,  which  need  no  probation,  which  are  u  fac- 
"  ti  tranfeunris,"  as  that  fuch  a  perfon  did  publicly  com- 
mit murder.  Although  judges  cannot  be  both  judges  and 
witnefies,  yet,  he  is  a  witneis  and  a  judge  too  of  what  he 
iee^  and  fears  in  judgment,  for  thefe  are  counted  as  no- 
tour ;  See  Stair's  Inftit,  p  704. 
Hoxv  parties       r         jt  js  repu2nant  to  the  laws  of  God  and  man,  to 

are  duly  fifled  j    y  ,    r  P     .  r     „  ,  ,  ,   r   *•      . 

before  a  condemn  any  that  is  abienf  or  unheard,  unlets  his  abence 
churchjudlca-  proceed  from  his  own  fraud  or  ftubbornnefs  :  therefore  in 
tare,  and  the  order  to  a  due  hearing,  citations  mud  be  given  to  parties 

requijita  cU  CQrv. 


Tit.  3.         Church   of    Scotland.         213 

concerned,  in  writing,  efpeciall  if  they  be  called  before 
presbyteries,  and  other  foperior  judicatures  of  the  church ; 
fee  the  2d  cap.  of  the  forecired  acl  of  s  ffcmbly.  The  ci- 
tation irmft  bear,  1  The  judicature  before  which  the  rer- 
fon  cited  is  i  o  appear.  1 .  1  he  name  of  the  purfuer,  (if 
the  party  be  not  cited  by  order  of  the  judicature)  $i  The 
name  of  the  defender.  f  I  he  caufe  for  which  the  perfbn 
is  cited.  5.  The  place  where  compearance  muff  be  made. 
And  laftiy  The  ti  ne  when  they  mult  compear.  And  this 
is  to  be  obferved,  that  all  parties  and  wirnefles  cited  be  ore 
church  courts,  are  to  be  defigned  in  thefe  citations  as  they 
are  or  may  be  commonly  in  all  other  writs.  If  they  be 
redding  within  the  parifh, -they  may  be  cited  upon  forty 
eight  hours  advertisement, 

§  20  It  hath  fometimes  been  pracYifed,  to  cite  parties  e-  part*:es  out 
ven  when  out  of  the  country,  a  particular  inftance  where-  of  the  country 
of  is,  the  commimonof  \iTembly  16444  ca u fed  cite  fome  how  &*& 
Scots,  then  about  Oxford  in  England,  (for  emitting  a  ma- 
lignant declaration    at  the  mark-  t-crofs  of  Edinburgh,  pier 
and  .(hoar  of  Leith,  to  appear  before  the  then  next  enfuing 
General  Aflemblv,  upon  iixty  days  warning,  counting  from 
the  day  of  the  citation 

§21.  If  the  perfons  be  charged  with  fcandal,  who  live        .     . 
within  the  bounds  of  another  parifh,  the  kirk  feiTion  of  that  ot,ier  p.^jfl/ 
parifh  where  that  perfbn  refides,  fhould  be  defired  to  caufe  how  cited, 
cite  them  to  anfwer  before  the  fefTion  in  whole  bounds  the 
/caudal  happened,  and  the  fame  courfe  is  to  be  followed 
in  fuch  cafes  by  the  ether  judicatures  of  the  church. 

§  2 2.  Citations  are  called  dilatory  for  the  firft  and  fecond,  Citations  di- 

that  the  party  may  appear;  and  the  third,  or  one  given  a*  latol7  anc* 

ptrd  acta,  is  called  peremptory,  wherein  the  judicature  cer-  how^o  °pro- 

tifies  the  perfbn  cited,  that  they  will  proceed  to  the  cogni-  Ceed  wkh 

tion  of  the  caufe,   though  he  appear  not,  or  that  they  will  thofe  who 

proceed  againil  Hito  as  contumacious,     if  the  perfbn  do  not  ddobey  or 

^  .      .  ,     r     ,  abfeond. 

compear  upon  tms  peremptory  citation,  and  no  relevant  ex- 

cafe  therefor  be  pronofed  and  fuflained,  the  judicature  is 
to  proceed  to  take  cognition,  either  by  examining  of  wit- 
Defies,  or  by  other  documents,  for  the  verity  of  the  fcan- 
dal, and  t'.at  before  they  cenfure  him  for  contumacy,  fee 
cap.  ;.  fe£k  6  oi  the  forecited  acf  If  any  under  procefs 
for  fcandal,  abfeond,  they  fhould  be  cited  firft  from  the 
pulpu  of  the  parifh  where  the  procefs  depends,  and  where 

thev 


214  Government    oft  he      Book  IV. 

they  refide ;  and  if  they  do  not  thereupon  appear,  they  are 
next,  by  order  of  the  prefbytery,  to  be  cited  from  the 
pulpits  of  all  the  kirks  within  their  bounds,  to  compear  be- 
fore them;  and  if  they  do  not  then  appear,  they  are  to  be 
declared  fugitives  from  church  difcipline  in  all  the  kirks 
within  that  bounds,  defiring  that  if  any  know  of  the  faid 
fugitives,  they  may  give  notice  thereof,  and  the  prefbyte- 
ry is  to  (iff.  there,  until  they  get  fome  further  account  of 
thefe  perfhns ;  fee  §  i  8.  of  the '  forecited  cap.  and  aft. 
This  citation  is  commonly  called  edtila/,  and  likewifc  takes 
place  when  the  perfon  to  be  cited  takes  methods  to  hinder 
a  copy  to  be  given  in  the  ufual  way,  or,  when  it  is  dan- 
gerous for  the  officer  to  travel  to  that  place. 
.      r  §  *3-  Sometimes  the  warrant  for  citing  bears  the  libel, 

fommotte  an^ tnen  a  ^H  copy  thereof  is  given,  but  fbmetimes  it  bears 
and  of  the  not  the  libel,  and  then  the  defender  is  cited  to  hear  and 
copy  and  ex-  fee  tne  informations  againft  him,  and  muff,  when  appear- 
eaition there- j  ^  trcatecJ  aS  jn  ^  2#  0f  tnj?  tjt{c  .  tne  form  of  which 
of,  and  or        r->  ,  *Y         -_     .,   -.      *.  ..n 

caution  to  ap-  fummons  may  run  tnus :  Mr  A.  b.  minilter  and  remanent 

pear.  members  of  the  church  feffion  of  to  our 

officer,  we  require  you,  that  upon  fight  hereof,  ye  pafs 
and  lawfully  fummon  perfonally,  or  at  his 

dwelling-houfe,  to  compear  before  the  faid  feffion,  with- 
in the  fcffion-houfe  at  the  day  of 
next  to  come,  in  the  hour  of  caufe,  to  aniwer  to 
the  information  or  libel  againlt  him,  for  the  fin  and  fcandal 
of  laid  to  his  charge  :  with  certification,  &c.  given 
at  the  day  of  by  war- 
rant of  the  faid  feffion,  A.  B.  fed]  els.  Befides  the  gene- 
ral certification  of  the  church  cenfures,  which  is  the  me- 
thod ecclefiaflic  courts  do  take,  to  procure  obedience  to 
their  orders,  there  are  fome  proper  certifications,  as  in 
tranfportation  of  minifters,  and  their  edicls  of  ordination 
and  admiflion,  of  which  already  in  book  i.  Now  the  co- 
py of  a  fummons  may  run  thus:  I  church  officer 
of  by  virtue  of  an  order  directed  from  them,  law- 
fully fummons  vou  to  compear  &c.  with  cer- 
tification, &C.  conform  to  the  principal  warrant,  dated  at 
the  day  of  this  by  warrant  of 
the  faid  feffion  I  give,  before  thefe  witneffes,  &c. 
A.  B.  officer,  fie  is  to  return  the  fummons  execute  in 
thefe  terms,  viz.  upon  the         day  of            I         church 

officer 


Tit.  3.        Church    of  Scotland.         215 

officer  of  pad  at  the  command  of  the  within  written 

order  directed  from  the  church  feflion  of  and  by 

virtue  thereof,  lawfully  fnmmoned  the  within  mentioned 
perfonally  apprehended,  and  delivered  to  him  a 
true  copy  of  the  faid  warrant,  to  compear  before  the  faid 
fcffion,  day  and  place  within  fpecified,  to  anfwer  for  the 
(in  and  fcandal  of  laid  to  his  charge ;  and  made 

certification  as  is  within  exprefTed.  This  I  did  conform  to 
the  within  written  warrant  in  all  points;  before  thefe  wit- 
nelTes,  A.  B,  &c.  And  for  the  more  verification  hereof, 
we  have  fubfcribed  thir  prefents  at  the 

day  of,  &c.  The  execution  muft  bear,  that  either  citation 
was  given  to  the  party  perfonally,  as  above,  or  left  at  his 
dwelling-houfe,  with  his  wife,  bairns,  or  fervants,  if  the 
officer  get  entry  ;  or  by  affixing  a  copy  on  the  door,  after 
knocking  feveral  times,  if  he  get  not  entry.  If  any  man 
bind  as  cautioner  for  another,  that  he  fhall  undergo  the 
difcipline  of  the  church,  under  a  pecunial  pain  for  the  ufe 
of  the  poor,  he  fhould  bind  to  the  magiftrate,  and  not  to 
the  church. 

§  *4.  When  minors  are  convened  before  church  judica-  ^n  defenders 
tures,  their  curators  are  not  to  be  cited  as  before  civil  courts,  mud  appear 
though  they  may  be  acquainted  therewith,  that  their  pu-  perfonally, 
pils  may  receive  fuitable  advice  and  iniTruction  from  them.  fev.en  t^10US'1 
A  minor,  that  is,  a  male  pad:  fourteen,  and  a  female  pall  how  focieties 
twelve  years  of  age,  may  be  called  before  church  judica-  appear. 
tures,  when  guilty  ;  as  for  pupils  under  that  age,  it  will  be- 
rare  if  ever  they  be  concerned  as  delinquents,  except  "  ubi 
"   malitia  fuppletcetatem  ;"  that  is,  where  (trength  of  na- 
ture is  as  far  advanced  in  them  as  it  ufeth  to  be  in  others  of 
riper  years.     The  conclufion  of  all  church  procefs,  being 
againii  the  defenders  themfelves,    none   can   appear  for 
them  ;  nay,  advocates  are  not  fo  much  as  allowed  to  plead 
for  compearing  parties,  otherwife  pleas  would  probably  be 
more  frequent,  and  tedious  too:  and  the  truth  hath  been 
many  times  expifcate  by  the  countenance  behaviour,  orex- 
preilions  of  parties  rhemfelves,  which  would  have  been  con* 
cealed  by  advocates.     In  the  M.  S.  acts  of  Aflcmbly  at 
Edinburgh  1575,  they  refufe  to  allow  advocates  to  plead 
before  them  in  a  procefs  of  dilapidation  againft  the  bifnop 
of  Dunkeld,  but  ordains  him  to  anfwer  himfelf;  and  if  he 
think  fit,  may  chafe  any  minilier  to  reafbn  for  him.    When 

incor- 


216         Government    of    the         Book  IV. 

incorporations  are  cited,  it  is  neceflary  they  be  allowed  to 
anfwer  by  fbme  commiffioned  from  their  body,  who  mufi  be 
members  of"  thit  foc-ety,  or  refide  therein.  If  a  burgh 
royal  were  cited,  they  would  not  be  allowed  to  appear  by 
him  who  refides  not  among  them,  but  only  is  one  of  their 
honorary  burgefies ;  and  no  party  fuftains  great  lofs  there- 
by, feeing  they  may  advife  with  whom  they  pleafe  in 
drawing  of  anlwers,  and  the  like. 

TITLE    IV. 

Of  the  vocational  aid  perfoml  Faults  of  Minifters 
and  Probationers,  hnv  they  are  ce;- fared,  and  of 
the  Method  of  proceeding  to  cenfure>    and  of  re- 
potting them  againjl  thefe  Ce:  fares. 

Non-refi-        §  ,   "pY  the  i22dcap.  pari.  8,  James  VT.  non-rcfidence 
der.ee  what,  IJ   •    j     i       j  «.    l         l  •   •  r,  •  i 

and  how  cent-  1S  declared  to  oe,  when  a  mini  iter  refides  not  wirh- 

fured,  who    in  the  pariih,  but  is  abfent  therefrom,  and  from  his  kirk, 
are  deCerters,  and  ufing  of  his  office,  for  the  fpace  of  four  Sabbaths  in  the 
and  how  cen-  year>  wjtnout  a  lawful  caufe,  allowed  by  the  prefbytery; 
defences         which  non-refidence  is  deprivation,     By  parity  of  reafon, 
againllthe     the  fame  pain  may  be  applied  againft  princiapls,  and  ma- 
fame,  (lers  of  univerfitjes,    who  attend  not  upon  their  charges. 
The  miniftry   is   faid  to    be  militia    ipmlm.zs,   they   are 
watchmen  fixed  by  their  fuperiors  as  centinalsat  fuch  pods, 
which,  if  they  defert  without  warrant,  all  the  order  of  the 
fpintual  difcipline  is  overturned.     Agreeable  hereunto  is 
the  aft  of  Aflembly  1596,   ratified    by  Ailembfy  1038, 
whereby  it  is  appointed,    that  minifters  not  refident  with 
their  flocks  be  dep  (cd.,  according  to  the  afts  of  the  Gene- 
ral AfJembly,  and  laws  of  tlv.s  realm,  otherwiiethe  burden 
is  to  lie  on  the  prefbytery,  and  they  to  be  cenfured  for  the 
fame;  and  by  the    th  article  of  the  fame  aft,  it  is  appoint- 
ed, conform  to  the  old  afts  of  Aflemblies  therein  menti- 
oned, that  minifters  refide  in  their  own  pariih.es,  or  at  their 
ordinary  manfes    By  the  4th  cap.  of  the  policy  of  the  kirk, 
they  who  are  once  called  of  God,  and  duely  elefted  by 
man,  and  have  once  accepted  the  charge  of  the  miniftry, 
may  not  leave  their  funftons,  otherwiie  the  deferters  are 
to  be  admoniflied,  and  in  caie  of  obihnacy,  excommunica- 
ted. 


Tit.  4.        Church    of    Scotland.  217 

ted.  And  by  the  M.  S.  acts  of  Aflembly  at  Edinburgh., 
1570  It  is  appointed  that  minifters  at  their  public  inflal* 
ment,  fhall  promife  folemnly  never  to  leave  their  miniftry 
at  any  time  thereafter,  under  the  pain  of  infamy  and  per- 
jury. Conform  hereunto,  in  the  cap.  i.art.  14.  of  the 
French  church  difcipline,  minifters,  with  their  families, 
mull  actually  refide  in  their  parifhes,  under  pain  of  depofi- 
tion  :  and  by  art.  23.  deferters  of  the  miniftry  fhall  be  ex- 
communicated, if  they  do  not  repent,  and  realTiime  the  of- 
fice God  hath  committed  unto  them.  By  the  Aflembly 
169  )>  fefl!  15.  although  minifters  have  received  their  or- 
d  nation  from  foreign  churches,  yet,  if  they  have  a  (land- 
ing relation  to  any  charge  in  this  church,  they  are  not  to 
remove  out  of  the  kingdom,  without  confent  of  the  refpec- 
tive  judicatures  of  this  church,  otherwife  they  may  be 
treated  as  deferters.  See  the  ordination  engagements,  book  !  1 
If  perfection  be  particular  againft  one  minuter,  in  that 
cafe,  it  is  generally  thought,  he  may  warrantably  flee,  with- 
out being  efteemed  a  dcikner;  but  it  will  fcarcely  defend 
againft  defertion,  when  the  perfecution  becomes  general. 
A  minifter  feems  to  be  particularly  tied  to  wait  upon  his 
charge  in  the  time  of  a  public  calamity  ;  and  therefore  the 
commiflion,  lf>th  May  164^  found  that  Mr  Mungo  Law, 
minifter  at  Edinburgh,  could  not  be  fpared  from  his  charge, 
to  attend  the  General's  regiment,  in  refpect  of  the  fear  of 
the  infection  in  the  city, 

§  2.  Supine  negligence  is,  an  habitual  orcuftomary  ne-  Supine  negiU 
gleet  of  lome  one  or  other  of  the   paftoral  duties  ;  but  e-  gence  what* ' 
very  efcape  cannot  infer  it,  the  paftoral   office  being  in  and  hoJ 
fome  fenfe  a  burden  too  heavy  for  the  fhouiders  of  an-  Cl 
gels,      by  our  law',  fupine  negiigence  is  relevant  to  infer 
depofirion,  even  as  error,  fcandal,  ignorance,  and  contu- 
macy are  ;  fee  the  act  of  pari.  1690,  fettling  the  church 
government.     And  by  the  forecitcd  act  of  Aftem.    1596, 
it  is  appointed,  that  iuch  minifters  as  be  flothful  in  the 
rniniftration  of  the  facrament  of  the  Lord's  Supper,  be  • 
jfcarply  rebuked;  and  if  they  continue  therein,  that  they 
be  depofed.   And  by  the  act  of  Aflembly  June  1  3.  1640, 
among  the  enormities  anvl  corruptions  of  the  miniitenal 
calling,  the  following  is  mentioned,  vm  idienefs,  that  is, 
feldom  preaching,  as  once  on  the  Lord's  day,  or  in  pre- 
paration for  public  duties,  not  being  given  to  reading  and 

F  f  mediation 


2i$        Government    of    the         Book  IV. 

meditation,  but  only  now  and  then,  not  like  other  trades- 
men, continually  at  their  work. 

^.,    .,    .  62.  Dilapidation   of  benefices  is,    the  deed   of  any 

Dilapidation     -   * 


Avlia 


amj  churchman,  whereby  his  rents  are  wafted,  diminifhed,  or 
how  cenlu-  altered  to  the  worfe  from  what  tney  were.  And  the  pu- 
rable.  nifhment  is,  difannuiling  of  the  deed,  and  deprivation  to 

the  granter,  Jam.  VI.  pari.  7.  cap  10 t.  by  that  forecited 
act  of  Aflembly  1596,  it  is  declared,  that  delapidation  of 
benefices,  demirting  of  them  for  favour  or  money,  with- 
out advice  of  the  kirk  ;  interchanging  of  benefices  by 
tranfaclion,  or  tranfporting  of  themfelves  by  that  occafion, 
without  advice  of  the  kirk,  are  precifely  to  be  punifhed, 
Suchlike,  fetting  of  tacks  without  confent  of  the  AiTetnbly, 
rs  to  be  punifhed  as  dilapidation. 

§  4  Simony  is  the  buying  or  felling  of  any  Spiritual 
Simony  what,  thing,  or  of  what  is  annexed  thereto.  The  canonids  de- 
veil  and  mi-"  ^cr^e  lt  t0  ^e>  "  Studiofa  voluntas,  feu  cupiditas  emendi 
niiaed.  °*    vel    vcndendi  fpiritualia,    vel    fpiritualibus    annexa." 

Thus  Simony  may  be  committed  by  making  advantage  of 
admi  nitrating  the  facnuncnts.  By  Jam.  VI,  pari.  21.  aft 
i .  any  condition  made  by  the  intrant  with  the  patron,  re- 
serving to  himfelf  a  fufflcient  maintenance  anfwerable  to 
the  flate  of  the  benefice,  is  declared  not  to  be  Simony. 
In  this  crime,  witness  who  are  not  very  habile,  or  **  om- 
u  ni  exceptione  majores,"  fuch  as  whores  and  infamous 
perfons,  may  be  admitted,  and  it  may  be  proven  by  pre- 
furoption  or  oath  of  party,  according  to  the  opinion  of 
fome  lawyers,  and  all  becaufe  it  is  ordinarily  earned  on 
jtmbitut.,  with  much  privacy  and  clandeftine  dealing.  "  Ambitus"  is 
what,  and  <<■  crimen  mere  ecclefiafticum,"  and  not  ufually  punifhed 
by  laicks.  By  the  forecited  aft  of  Aflembly  1596,  it  is 
provided,  that  none  feek  prefentations  to  benefices,  with- 
out advice  of  the  prefbytery  ;  and  if  any  do  in  the  contra- 
ry, they  are  to  be  repelled  as  rei  ambitus.  They  further 
appoint  that  it  be  inquired,  if  any  by  folicitation  or  moyen, 
direclly  or  indirectly,  prefs  to  enter  into  the  miniftry  ;  and 
if  it  be  found,  the  perfbn  fo  foliating,  is  to  be  repelk  f; 
ihzfe  three  crimes,  Dilapidation,  Simony,  and  Ambitus, 
do  often  meet  in  one  and  the  fame  perfbn,  and  the  crime 
is  denominate  from  that  which  mod  predominates  in  it. 

§  5.  By  the  23d  acl  of  AlTembly  1696,  it  is  recom- 
mended to  all  fynods  and  prcibyteries,  that  they  advert  to 

the 


led 


Tit.  4.        Church    of     Scotland.         219 

the  many  irregularities  committed  by  vagrant  unfixed  mi-  Intruders 
nifters:  and  prefbyteries,  where  any  difficulties  occur,  and  vagrant 
are  to  confult  their  fynods,  before  they  proceed  to  cen-  ™j^  a*jjjj,_ 
fure.  By  the  27th  acl  of  that  Aflembly,.  they  fufpend  ces&red. 
one  from  the  exercife  of  his  miniflry,  becanfe  he  exerci- 
fed  it  in  a  vagrant  diforderly  way.  And  by  the  1 8th  acl 
of  Aflembly  1701,  prefbyteries  are  appointed  to  fend  in 
to  the  commiffion  an  account  of  fnch  minifters,  or  preach- 
ers, as  intrude  into  parifhes,  that  application  may  be 
made  to  the  government  for  removing  them,  that  the 
kirks  intruded  into  may  be  orderly  planted.  AfTem.  1694. 
feff.  14.  the  Queen  by  her  proclamation,  dated  at  Windfor, 
September  20.  170b,  in  purfuance  of  feveral  aeV>  cf  par- 
liament made  in  favours  of  the  prefent  church  efiablifh- 
ment,  particularly  the  acl  1695,  againft  intruders,  cloth 
require  and  command,  all  fuch  as  have  intruded  upon 
churches  or  manfes,  to  remove  therefrom,  and  all  magi  - 
flrates  and  judges  within  their  refpeclive  jurifdictiorts,  are 
lo  fee  the  fame  executed,  by  decerning  accordingly,  and 
procuring  letters  of  horning  and  caption  thereupon  to  be 
directed  in  commutii  forma.  By  the  difcipline  of  the  French 
church,  cap.  1.  art.  26.  the  minifter  that  fhall  intrude  him- 
klf,  although  he  were  approved  by  the  people,  is  not  to 
be  approved  by  the  neighbouring  minifters  or  others,  but 
notice  mud  be  given  to  the  colloquy  thereof,  or  provin- 
cial fynod.  And  by  the  55th  article  of  that  chapter,  the 
names  of  vagrant  minifters  are  to  be  proclaimed  through 
all  the  churches. 

§   6.  By  the  forefaid  a«^  of  Aflembly  1  596,  ratified  Vocational 
j  638,  it  is  enafted,  That  fuch  minifters  as  {hall  be  found  %iIts  °|  mI" 
not  given  t-j  their  books  and  dudy  of  the  fcripture,  fcojr.  g^ 'CenfUred 
ven  to  fanctification  and  prayer,    that  ftudies  not  to  be 
powerful  and  fpiritnal,  not  applying  the  doctrines  againft. 
corruptions,  which  is  the  pafioral  work,  obfeure  and  too 
fchohltic  before  the  people,  cold  and  wanting  in  fpiritual 
zeal,  negligent  in  vifiting  the  fick,  or  caring  for  the  poor, 
or  indifcreet  in  chufing  parts  of  the  word  not  meeteft  for 
the  flock,  flatterers,  and  diflembling  of  public  fins,  and  e- 
fpeciaily  of  great  perfonages  in  their  congregations  :  all  fuch 
minifters  are  to  be  cenfurcd  according  to  the  degree  cf  their 
fault,  and  continuing  therein  £re  to  be  deprived.     Item, 
Such  as  be  flothfuil  in  the  minifcration  of  the  facraments, 

F  f  2  and 


220         Government    of.    the        Book IV. 

and  irreverent,  orprofaners  thereof,  by  admitting  the  igno- 
rant or  profane  thereto,  and  omitting  the  due  trial  offuch  as 
are  to  be  admitted,  or  ufingbut  light  trial,  or  having  refpecl 
in  their  trial  to  perfons;  all  fuch  miuifters  are  to  be  fharp- 
]y  rebuked  •,  and  if  they  continue  therein,  are  to  be  depo- 
fed. Item,  But  if  any  mmifler  be  found  a  feller  of  the 
facraments,  he  is  to  be  depofed  Jimp/ictter  :  and  fuch  as 
collude  with  fcandalous  perfons,  by  overlooking  them  for 
money,  do  incur  the  like  punifhment.  Item,  All  minifters, 
who  neglect  the  due  exercife  of  difcipline,  and  continue 
therein  after  admonition,  are  to  be  depofed 
»    f     i  §  /•  By  theforecited  aft  i  ^96,  it  is  appointed,  that  fuch 

faultsofmini-  m''ni-ers  zs  are  light  and  wanton  in  their  behaviour,  as  in 
iterr, how cen-  gorgeous  and  light  apparrel,  or  iu  fpeech,  or  in  Uling light 
iured.  and  profane  company,  or  that  are  guilty  of  dancing,  card- 

ing, diceing,  and  the  like,  if  they  continue  therein  after 
due  admonition,  fhall  be  depofed  as  fcandalous  to  the  gof- 
pel ;  and  agreeable  hereto  is  the  54th  canon  concilii  Laodi- 
ceni,  "  Quod  non  oportet  facratos,  vel  clericos  in  nupti-- 
"  is  vel  conviviis  aliqua  fpeclacula  contemplari,  kd  priuf- 
"  quam  ingrediantur  Ihymelici,  furgere  et  fecedere  de- 
*'  beant."  Item,  Minifters  found  to  be  fwearers  or  ban- 
ners, rrofaners  of  the  Sabbath,  drunkards  or  fighters,  are 
to  be  depofed  fimpliciler.  Fy  the  27th  and  4  2d  of  thefe 
canons,  called  apfft'hcal,  "  Epifcopum,  vel  prefbyrerum, 
i*  vel  diacorrusi  verberantem  fideles  peccantes,  aut  infide- 
M  les  injuriam  facientcs,  ac  per  hoc  timeri  volentem,  ab 
<c  officio  deponi  mandamus."  And  by  the  other  canon, 
"  Epi'copus,  prefbyter,  aut  diaconns,  alere  vacans,  aut 
"  ebrietatibus,  vel  defiftat,  vel  gradu  fuo  dejiciatur  "  I 
tern,.  Minifters  that  are  detractors,  flatterers,  breakers  of 
promife,  liars,  brawlers,  and  quarellers,  after  admonition, 
if  they  continue  therein,  they  are  to  be  depofed.  By  the 
53d  canon,  called  t?pcjiotua/,  "  Si  quis  clericus  in  cau- 
"  pona  comedens  deprehenfus  fucrit,  a  communionis  fo- 
"  dalitate  fecernatur,  prater  earn  qui  vitse  neceffitate  di- 
"  verit  in  hofpitium."  And  by  the  55th  conon  concilii 
Laodiceni,  "  Quod  non  opprtet  facrarcs  vel  clericos,  ex 
"  collatione,  convivia  p eragere,  fed  neque  laicos."  And 
by  the  43d  canon,  concil.  Carthaginen  "  Ne  in  caupo- 
W  na  jverfentur  clerici,  nifi  hofpitio  accenti.  Ut  cierici 
it  comedendi,    vel  bibcndi  gratia,   non   irgrcdiantur,  nifi 

hofpitii 


Tit.  4.        Church  of  Scotland.  221 

"  hofpitii  neceffitatecompulfi  "     By  our  law,  (  vid.  tit.  1  }. 
book.    ?.    the  haunting  of  taverns  at  unfeafonoble  hours 
therein   condefcended  upon,    is  equally  punifhable  with 
drunkennefs.     Sothat  a  minifter's  drinking  temperately  in 
change-houfes,  though  with  good  company  (but  ar  forbid- 
den hours)  will  not  defend  him  againft  the  punifh merit  of 
drunkennefs.      Item,  Minilfers  ar    not  to  take  11  fury,  and 
if  they  continue  therein,  they  are  to  be  deprived,      i.y  ihe 
4^th  of  thefe  canons  called  afc/hhcrJ,  u  Epiicop  js    aut 
"  pfefbyter,  ant  diaconus,  nfuras  exigens  a  deb'toribus, 
"   vel  defiftat,   vel  ordine   mulftator  "     Item,   Mmiiters 
given  to  unlawful  trades  and  occupations,  for  filthy  gainr 
fuch  as,  keeping  of  inns,  bearing  of  wordly  offices  in  no- 
blemen and  gentlemen's  houfes,    merchandife,  and   fuch 
like,  buying  of  vicinal,  and  keeping  it  to  the  dearth,  nnd 
all  fuch  wordly  occupations,  as  may  diffract,  them  from 
their  charge:   All  fuch  are  to  be  admonifhed,  and  if  they 
continue  therein,  are  to  be  depoied      By  the  6th  of  thefe 
a poifolical  canons,   tf  b  pi  f  cop  us,  aut  pre'byter,  aut  diaeo- 
"  nus  fecu lares  curas  non  adfumat,   alioqui  deponatur.'* 
And  by  the  2   t'n  canon,  '<  Clericus  fe  fideijuffiombm  im- 
*'  plicans  gradu  fuo  dejiciatur."     Caldcrwood,   in  his  hif- 
tory,   p.  438.  acquaints  us,  that  by  acts  of  \flembly  mi- 
Differs  .re  prohibited  to  join  with  their  miniflry,  the  office 
of  a  notary,  hufbardry,  or  hoftilary,  &c   under  the  pain  of 
depofitioii.     In  the  M.  S   afts  of  AfTembly     -72,  there- 
gent  defiring  fome  learned  minifters  to  be  planted  fenators 
of  the  co'lege  of juffice,  the  UTcmbiy  finds  that  none  were 
able  to  bear  both  the  (aid  charges.     The  Aflembly  1642/, 
(in  the  index  of  their  un printed  acts  you  may  find  fome  of 
it),  confidering  that  Mr  William  Bennet  rmnjffer  at  An- 
trum, did  vote  in  the  election  of  a  commtffioner  to  the  con- 
vention of  tftates  from  the  ffiire  of  Roxburgh,  as  one  of  the 
barons  and  freeholders  there,  they  do  recommend  it  to  hina 
to  abltain  from  civil  courts  and  meetings.     As  alio,  they 
understanding,  that  Mr  Andrew  Murray  miniiler  at  r  bee, 
had  come  to  fucceed  to  the  Lord  Baivaird,  they  appoint 
fcim  to  excrcife  his  calling  of  the  miniflry,  and  to  rejeft  inch 
temporal  honours  during  his  own  life,  as  being  incompatible 
with  that  call  ng,  and  very  good  reafon  that  the  Idler  a 
ieail  nfefal  fliould  cede  to  the  greater  and  better  wo:  k    I- 
tern,  by  the  forfeited  ftfipxAAfa  aft  15°/^  ratified  b    :he 

A: 


222         Government    of    the        BooklV. 

Affembly  1638,  all  their  members  are  difcharged  from  at- 
tending the  court,  and  affairs  thereof,  without  the  advice, 
and  allowance  of  their  prefbytery :  And  that  they  intent 
no  civil  acYion  without  the  faid  advice,  except  in  fmall  mat- 
teis.  Caiderwood,  in  his  hiftory  of  Affembly  i6co,  faith 
to  this  purpofe,  u  Qui  ambulat  in  fole  coloratur,  qui  tan- 
46  git  picem  inquinatur,  qui  frequentat  aulam  et  curiam 
"  profanatur  ;  forum  pontificis  Petrum  ad  abncgationem 
"  Chrifti  adegit  quce  eft  corporum  conftitutio,  ea  eft  et  mo- 
**  rum,  circumpofito  aere  calido  calefcimus,  et  rurfus  fri- 
u  gido  frigefcimus ;  cum  fanctis  fan&us  cris,  cum  perver- 
V  (is  perverteris."  Item,  Miniftersare  to  ufe  godly  exer- 
cifes  in  their  families,  ftieh  as,  teaching  of  their  wives, 
children  and  fervants,  in  ordering  prayers,  reading  of  the 
fcriptures,  and  fuch  like  other  points  of  godly  convcrfation; 
whoever  be  found  negligent  therein,  after  due  admonition, 
are  to  be  depofed.  Item,  Minifters  that  are  not  fpiritual, 
and  profitable  in  their  ordinary  converfe,  are,  upon  due 
trial,  to  be  fharply  rebuked.  Item,  No  minifter  is  to 
countenance  or  affift  a  public  offender  challenged  by  his 
own  mimfter  for  his  public  offence,  or  to  bear  with  him, 
r  1  lis  own  minifter  were  toofevere  upon  him,  under  pain 

Remedies   a-  of  ad  monition  and  rebuke. 

1  -  vocati-      §  s.  The  General  Affembly,  by  their   aft  13th   June 
and  per- j  ^  c    provJde  the  following   remedies  againft   the  evils 

mi  lifters.  DOt"  ln  tne  calling  and  lives  or  minifters,  and  appoints 
them  to  be  obferved  :  Imprimis*  None  are  to  be  taken  in 
to  be  a  helper,  or  fecond  minifter,  but  fuch  as  are  able  for 
the  fame  charge.  Item,  That  prefbyteries  be  faithful  in 
the  trial  of  intrants,  and  in  loxing  admonitions  one  of  ano- 
ther fecretly,  and  that  abfents  from  fynods  and  pre.'bvtcries 
be  cenfured.  Item,  The  moderators  of  presbyteries  are 
to  fee  that  godly  conference  be  entertained  at  presbyter*? 
al  meetings,  even  in  the  time  of  their  refreshments,  item, 
Mmiilers  ;.re  to  have  more  frequent  converfe  among  them- 
felves,  for  ftrengthening  one  another's  hands,  and  begct- 
ing  and  cherifhing  of  friendihip,  and  removing  of  mif- 
cont;  ructions,  item,  Minifters  are  to  cherifh  weak  begin- 
nings in  the  ways  of  God,  and  couragioufly  oppofe  all  re- 
vilers  and  mockers  of  the  godly.  Item,  Silence,  or  am- 
biguous fpeaking  in  the  public  caufe,  and  not  (peaking  a- 
gatfift  the  corruptions  of  the  time,   are  to  be  feafonably 

cenfured  j 


Tit. 4.         Church   of   Scotland.  223 

cenfured;  and  fuch  as  mock,  upbraid,  or  threaten,  flop, 
or  difturb  minifters  for  freedom  in  preaching,  and  the 
faithful  difcharge  of  their  confcience,  are  to  be  procefled  ; 
fee  AfTembly  1048,  fed!  26. 

§  9    A  presbytery  is  not  to  proceed  to  the  citation  of  a  Wjiat  wa  m 
minifter,  or  any  way  begin  the  procefs,  until  there  be  frft  rants  a  pref- 
fbme  perfon,  who,  under  his  hand,  gives  in  the  complaint,  bytery  to  en- 
with  fome  account  of  its  probability,   and  undertakes  to  ter  ."VPro„cefs 
make  out  the  libel,  at  lead  under  pain  of  being  cenfured  niter'-  ^nd " 
as  a  flanderer.     This  informer  or  accufer  ought  to  be  of  how  accufers 
*  good  report  *,  for  it  were  of  dangerous  confequence  to  ad-  are  to  be  ad- 
mit every  body  to  accufe.     By  the  2 1  ft  canon,  conciiii  mitte(l' 
Chalced.     "  Clericos  vellaicos,  Epifcopos,  aut  laicos  ac- 
u  cufintes,  non  indifcriminatim,   nee  citra  inquifitionem, 
*l  admittere  ad  accufationem,  nifi  eorum  exiftimatio  primo 
"  examinata  fuerit/'     Yet  presbyteries  may  proceed  againft: 
minifters,  when  a    "  fama  clamofa"  of  the  fcandal  is  fo 
great,  that  for  their  own  vindication,  they  find  themfclves 
obliged  to  begin  the  procefs  without  any  particular  accufer, 
after  they  have  inquired  into  the  rife,  occasion,  broachers, 
and  grounds  of  the  laid  common  fame. 

§  10.  After  the  prefbytery  has  confidered  the  libel  raifed  The  manner 
againft.  the  minifter,  then  they  order  him  to  be  cited,  to  get  °f  cif^g  mi- 
a  full  copy,  with  a  lift  of  the  witnefles  names  to  be  led  for  mirers 
proving  thereof,  and  a  formal  ctation  is  to  be  made  in  writ, 
either  perfonally  or  at  his  dweliing-houfe,  bearing  a  com- 
petent time  allowed  to  give  in  anfwers  unto  the  libel,  and 
his  juft  defences  and  objections  againft  witnefles,  at  leaft  ten 
free  days  before  the  day  of  compearance;  and  the  citation 
fhould  bear  the  date  when  given,  and  the  names  of  the 
witnefles  to  the  giving  thereof",  and  the  execution  bearing 
its  date,  with  the  names  and  designations  of  the  witnefles,, 
fhould  be  made  in  writ,  and  figned  by  the  officer  and  wit- 
nefles: which  being  accordingly  returned,  he  is  to  be  called. 
As  to  the  form  and  manner  of  citations,  it  is  not  to  be  under- 
iiood  as  a  privilege  reftricled  to  minifters  only,  but  it  is  to 
be  extended  to  all  who  are  convened  before  church  judica- 
tures, with  little  difference,  as  has  been  obferved  on  title 
Citations. 

§  11.  If  the  minifter  compear,  the  libel  is  to  be  read  How  to  he- 
unto  him,  and  his  anfwers  thereunto  are  to  be  read,  in  or-  have  towards 
der  to  the  di  feu  fling  of  the  relevancy.     If  the  libel  be  * Z^fl 

found  andconfefiing 


224        Government    of    the  BookJV\ 

found  relevant,  then  the  pre  (by  tery  is  to  endeavour  to  bring 
him  to  a  confeflion  :  If  the  matter  confeded  be  of  a  fcan- 
dalous  nature,   fuch  as  uncleannefs,  or  the  like,  the  pref- 
bytery,  whatever  be  the  nature  of  his  penitence,  are  in- 
fftnter  to  depofe  him  ab  officio,  and  to  appoint  him  in  due 
time  to  appear  before  the  congregation  where  the  fcandal 
was  given,  and  in  his  own  parifh,  for  removing  the  of- 
fence, by  the  public  profefTion  of  his  repentance. 
Howtowards       §  t ? .  if  a  minifler  abfent  himfelf  by  leaving  the  place, 
one  abfent-    and  be  contumacious,  without  making  anv  relevant  excufe, 
ing  or  contu-  afrer  a  nevv  pUDl',c  citation,  and  intimation  made  at  his  own 
church,  when  the  congregation  is  met,  he  is  to  be  holden 
as  confefled   and  to  be  depofed  and  cenfjred  inflanter  with 
the  letter  excommunication;  but  if  after  (ome  time  he  do 
not  •ubje£t  himfelf  to  the  ceiafures  of  the  church,  he  may 
be  proceeded  againft  till  he  be  cenfured  with  the  greater 
excommunication. 
Howtowards       §  i  3  if  a  minifler  accufed  do  appear,  and  deny  the  fact, 
him  who  com-  after  the  relevancy  is  found,  the  accufed  is  to  be  heard 
J?e*rs>  ,  object  againft  the  witnefles,  and  allowed  to  be  prefent  at 

Sainftwhom  tne  examination,  and  modeftly  tocrofs-interrogate.  If  af- 
the  libel  is  tcr  confederation  of  the  reputation,  hability,  and  depofitions 
proven.  of  the  witneffes,  the  judicature  fhall  find  the  fcandal  fuffi- 

ciently  proven,  they  are  to  proceed  to  cenfure,  as  in  the 
cafe  of  confefTicm. 

$14.  If  the  errors  be  not  grofs,  and  ftriking  at  the 
Howtocarrv     •  *i       r      r   •  t  *u        l  n     a     1 

towards  a       Vltals  °*  religion,  or  it  they  be  not   pertinaciouily  itnek 

minifterchar-  unto,  or  induhYio'jfly  C\  read,  with  a  vifibte  defign  to  cor- 
ged  with  er-  rupt,  or  that  the  errors  are  not  fpreading  among  the  people, 
rors#  then  lenitives,  admonitions,  inftrucYions,  and  frequent  con- 

ferences are  to  be  tried  in  order  to  reclaim.  And  unlefs 
the  thing  be  doing  much  hurt,  fo  as  it  admits  of  no  delay, 
the  fyned  or  General  AfFembly  are  to  be  advifed  with, 
and  the  reference  intimated  to  the  minifler  concerned, 
which  is  agreeable  to  the  12th  act  o{'  AfFembly  1694. 
And  by  that  act  all  the  judicatures  of  the  church  are  for- 
bidden to  cenfure  any  minifter  whatfoever  for  not  quali- 
fying themfelves  in  the  terms  of  the  act  of  parliament,  by 
taking  the  oaths  to  the  civil  government,  it  is  true,  that 
appointment  continues  only  till  the  next  Aflembly  ;  but 
the  fame  reafon  for  making  that  temporary,  may  make  it 
a  perpetual  act. 

§  15.  # 


Tit.  4.         Church    of    Scotland.  225 

§  15  If  the  libel  againlt  a  miniftcr  be  for  a  multitude  of  How  to  carry 
fmal ler  things  laid  together,  the  prefbytery  in  proceeding  towards  a 
therein  are  to  make  a  prefbyterial  vifitation  of  that  minifler's  ^j  w^  #*' 
pariih.      And  if  they  find  thefe  things,  laid  to  his  charge,  nmintude  cf 
to  have  been  committed  fince  the  lad  vifitation,  or  find  afinallerthii 
fatisfyingreafon  wherefore  they  were  not  then  tabled,  they  laid  together* 
are  to  inquire  how  far"  the  minifter  hath  been  guilty  of  gi- 
ving offence.,  after  he  was  acquainted  that  offence  had  been 
taken  at  thefe  things  he  is  charged  with:  it  fhould  be  like- 
wile  inquired,  if  any  of  the  complainers  did  firlt  m  a  pri- 
vate way  inform  any  of  the  neighbouring  minifters  of  thefe 
things  now  publicly  complained  of?  and   the  prefbytc- 
ry  is  to  judge  accordingly.     If  they  find  upon  trial,  the 
complaint  to  refolve  on  the  minitter'fc  having  committed 
fucb  acls  of  infirmity  or  pafiion;  as,  confidering  aii  the  cir- 
cumilances,  may  be  either  amended,  and  the  people  fatif- 
fied,  and  that  the  offence  was  taken  by  the  mi  n  lifer's  own 
people,  only  or  mainly,  then  the  presbytery  is  to  take  all 
prudent  ways  to  fatisfy  and  reclaim  both  minifter  and  peo- 
ple. 

§  j  6.  By  the  4th  acf,  feff.  ?.  par.    1.  Car.  II.  minifters 
are  to  be  fufpended  that  abfent  from  the  diocefan  fynod  for ^Mencc from 
the  firlt  fault,  and  that  fuch  a  cenfure  may  be  inflicted  ,4lbvfuftje*i" 
where  no  excufe  is  offered,  is  not  to  be  doubted.     Yet  our  fion,  and  why 
church  judicatures  are  rather  inclinable  to  threaten,  and  be  fo  called, 
in  readinefs  to  revenge  every  difobedience.,  than  actually 
to  inflift  the  cenfkres  they  may  upon  every  juft  provoca- 
tion.    Minifters  are  faici  to   be  fufpended,  becaufe  their 
reftoring  or  depofing  is  yet  doubtful,  and  doth  much  de- 
pend upon  thejr  future  behaviour,  or  upon  further  difco- 
veries  and  clearer  probation 

$  17.  By  the  General  AiTembly  April  1382,  as  related  „        ,      r 
-    r*  1  j  j?    u-n  l.  1        c  a       r  -  •        ^rounds  or 

m  Laiderwood  s  hiitory,  the  caules  nr  dcpoiition  were  jud-'depofition 

ged  to  be  thefe,  v;z  Herefy,  Popery,  blafphemy,  per -what, 
jury,  adultery,  ineeft,  fornication,  {laughter,  theft,  com- 
mon oppreifion,  common  drunkennefs,  ulury  again*  the 
fews  of  the  realm,  non -retldence,  abfence  from  his  kirk, 
and  neglect  of  his  office  for  forty  days  together  in  a  year, 
without  a  lawful  impediment  allowed  by  the  next  General 
Afltmbly  ;  p!ura!i:y  of  benefices,  (but  the  aft  of  parliament 
fays,  plurality  of  benefices,  having  cure),  dilapidation  there- 
of, and  iimor.y,     \\  hich  crimen  are  iikewife  declared  cau- 

G  2  fes 


2i6         Government    of    the        Eook  IV. 

Excommuni-  fes  of  deprivation,  by  czp.  1 2,2.  of  pari.  1  584  It  is  to 
cation  and  be  o|)fcrve(j(  that  the  church  doth  not,  except  in  fome  mod 
rarely  in  one  'lorrid  crimes,  deoofe  and  excommunicate  both  at  once, 
fentence.  B}r  the  2  cth  of  the  canons,  called  A  poifoiical,  "  Epifco- 
"  pus,  aut  presbyter  aut  diaconus  in  fcortatione,  vel  per- 
"  jurio,  vel  furto  deprehenfus,  ordine  fuo  fummoveatur; 
Xo  minifteri-  "  2b  ecclefia  cameo  non  exciudatur,"  minifters  are  not  to 
aj  comma-  employ  depofed  minifters  in  any  exercife  of  the  pafloral 
?Jl°nrT  •  ca^ing,  or  entertain  minifterial  communion  with  them,  un- 
nilters.  ^cr  Pa:n  of  depofition.     By  the  1  1  th  of  thefe  forecited  can- 

nons, "  Si  quis  clericus  cum  depofito,  ut  cum  clerico.    (i- 
A,      -,      u  mul  oraverk    deponatur  et  ipfe,"  if  any  depofed  mini- 
niiniftcr  ap-    ^cr  ^la^  aPpty  to  rl-e  c'v^  magiftrate  for  redrefs  againfl 
plying  to  the  that .  fentence  in  fo  doin^  he  acknowledged!  in  the  civil  ma- 
civil  magi-     giftrate  a  privative  power,  to  hinder  the  church  from  ex- 
port lon°r  n-t  fifing  thatjurifdidtion  fhe  hath  received  from  Chrift,  and 
tobereiiored  therefore  he  puts  himfeif  out  of  ail  hopes  of  almoft  ever 
being  reftored.      .by  the  12  th  canon  concil.  Antiocheni, 
44  Si  qnis    a  proprio   epifcopo   depofitus,    presbyter  vel 
"   diaconus,  vel  epifcoptft  a  fynodo,  au.fus  fait,  imperato- 
"  ris  auribus  moleftiam  exhiberi,  cum  oporteat  ad  majorem 
<c  fynodam  convert!,  et  jus  quod  fc  habere  putat  ad  plures 
fi  epiCcopos  referre,  eorumque  examinationem  et  judicium 
"  fufcipere:  qui  itaque  his  contemptis  irhpcratbri  moleftus 
"  fuerit  is  nulla  venia  dignus,  neque  fui  d.fendcndi  locum 
"  habeat,  nee  reftiturionis  futurae  fpcm  expe&et." 
rence  §  i  8.  By  deprivation,  a  minifter  is  removed  only  from 

his  particular  charge,  and  lofeth  the  benefice,  as  was  done 

pmation,de-  any,nft  the  minillers  of  Linlithgow  and  Bathgate,  by  the 
poiition,  and  r        ,     rT        .       .     x,  .   ^  .        .    n  °    r  .  . J.  .    . 

degradation    iyn°d  ot  Lothian  in  May  1660;  but  inftances  of  this  kind 

are  rare.     By  depofition,  a  minifter  is  depoiedJimpJuiier- 

from  both  office  and  benefice.  This  church  doth  not  make 
that  diftinction,  which  the  canonists  do,  betwixt  depofition 
and  degradation  :  for  they  lay,  that  depofition  is  pronoun- 
.  ced  verbally,  by  his  fuperiors  removing  him  from  his  of- 
Ice,  but  in  degradation,  the  enfigns  and  veftments  of  the 
fever  a  1  degrees  of  orders  he  had  been  inverted  with,  are 
pulled  off  him,  and  thereafter  his  perfon  is  delivered  to  the 
civil  magiftrate,  to  be  punifhed  for  his  crimes. 
Prayer  be-  §  1 9-  ^e  c;Jfforn  of  this  church  is,  that  when  they  en- 

fore  depofi-     ter  upon  a  procefs  of  depofition,  the  name  of  God  is  lo- 
tion or  repo-  lemnly  called  upon  for  light  and  direction.     Solemn  pray- 


Tit.  4.         Church    of    Scotland.  227 

er  is  likewife  made  before  they  enter  upon  the  grounds  for  And  the  form 
reponing  of  depofed  minifters.  The  ac~r.  of  depofirion  runs  °^  ar^s  °^  ^" 
in  this  or  the  like  form  :  At  the  which  clay,  a-  S^JL 

nent  the  fummons  and  complaint  purfued  before  the  pref- 
bytery  of  at  the  inftance  of  againft 

minifter  at  mentioning,  &c.  and  anent  the  cita- 

tion, &c.  to  have  compeared,  &c  to  have  anfwered  to  the 
faid  complaint  given  in  againft  him,  and  the  fameri  being 
proven,  to  have  heard  a  fentence  of  depofition,  or  inch  o- 
thcr  cenfure  given  and  pronounced  againft  him,  by  autho- 
rity of  the  laid  presbytery,  as  he  fho  uld  be  found  to  defer  ve, 
conform  to  the  acts  and  practice  of  this  church,  obferved 
in  the  like  cafes,  or  elfe  to  have  allcdged  a  rcafonable  caufc 
in  the  contrary ;  with  certification,  if  he  failed,  the  laid 
prefbytery  would  proceed,  and  do  therein  as  they  fhould 
find  juft.  Which  fummons  being  ofr  and  divers  times  cal- 
led, &c.  puefuers  pre  fen  t  and  compearing,  the  faid 
defender  abfent ;  the  faid  prefbytery  having  considered  the 
articles  of  the  faid  fummons  and  complaint  -,  and  being  well 
and  ripely  advifed  therewith,  they  found  the  fame  rele- 
vant by  the  acls  and  practice  of  this  church  to  infer  depo- 
fition; as  alfo,  they  found  the  articles  of  the  faid  complaint 
iufhxiently  proven,  by  the  depofitions  of  feveral  famous 
witnefles,  lawfully  fummoned,  folemnly  fworn,  purged  and 
interrogate  thereupon.  That,  &c.  (here  narrate  the  parti- 
cular things  found  proven  J  as  the  depofitions  of  the  faid 
witnefles  extant  in  procefs,  bear  •,  and.  therefore  the  faid 
presbytery  did  by  their  vote,  depofe  the  faid  likeas 

they  hereby  do,  in  the  name  of  the  Lord  Jefus  Chriii,  the 
alone  King  and  Head  of  his  church,  and  by  virtue  of  the 
power  and  authority  committed  by  him  to  them,  actually 
depole  the  laid  from  the  office  of  the  holy  mini- 

flry,  prohibiting  and  difcharginghim  to  cxercife  the  fame, 
or  any  part  thereof,  in  all  time  coming,  under  the  pain  of 
the  high  ft  cenfures  of  the  church.  Extracted,  &c.  The  fen- 
tence of  fuipenfion  runs  in  this  form  :  They  do  fufpend  the 
faid  from  the  exercife  of  his  miniftry  till  a  defi- 

nite time,  prohibiting  him  to  exercife  the  fame  during  the 
faid  fpace,  till  he  b&  orderly  reponed  thereto,  under  the  No  depofcrf- 
pain  or  depofition.     I  he  Aflcmbly  Anguft  5th,  1 D48,  con-  milufter  is  to 
fidering,  that  according  to  the  antient  order  and  practice  of  intromit 
this  kirk,  the  cenfures  of  fufpenfion  and  depofition  are  both  with  the  be- 

G  g  1  "  ab  nefke- 


228  Govern  me  n^t    o  f  t  h  e     Book  IV. 

"  ab  officio  et  beneficio,"  therefore  they  difcharge  depofed 
or  fufpended  minifters  to  exercife  any  part  of  the  minifteriai 
calling,  or  intromit  with  the  ftipend,  under  pain  of  excom- 
munication to  the  depofed  miniftcr,  and  of  depo'ition  to  the 
fufpended.  See  alio  act  of  Aflembly  Dec.  18.  1638, 
felt  14. 
For  what  §  20.   By  the    2d  article  of  the  roth  act  of  Aflembly  ' 

probationers  1604,  if  probationers  malverfe  in  doclrine  or  converfation, 
frV?  cen"  they  fhall  be  accountable  to  and  ccnfurable  by  presbyte- 
ries; and  iftheyreftrfe  [abjection,  or  prove  contumacious, 
to  fuch  cenfures,  whether  of  fufpending  or  recalling  their 
licence,  intimation  thereof  fliall  be  made  to  the  church ju- 
dicatures where  they  refide  or  haunt,  that  fonone  may  em- 
ploy them  to  preach. 
When  the  §  2  !  By  the  act  of  Aflembly  2d  Auguft  »  6  4.1,  minifters 

Aflembly  on-  depofed  for  the  public  caufe  of  reformatio^,  and  tranf- 
tycanrepeme  greffing  the  order  of  this  kirk,  fliall  not  be  fuddenly  re- 
dicature  can  ce',ved  again  to  the  miniftry,  till  they  hrit  evidence  their 
repone.  repentance  both  before  their  prefbytery  and   fy  nod,  and 

thereafter  the  lame  be  reported  to  the  General  Aflembly. 
The  AfTembly  ( 2th  Auguft  16+?,  ccnfklering  that  {en- 
tences  of  fuperior  judicatures  fhonld  ftand  effectual,  till 
they  be  taken  away  by  themfelves,  therefore  fynods  are 
difcharged  to  repone  minifters  depofed  by  AfJemblies,  and 
prefbyteries-  from  rcponing  any  minifler  depofed  by  either. 
He  cannot  be  By  acf  of  Aflembly  13th  February  1645,  it  is  ordained, 
reftored  to      that  no  minifrer  d  roofed  fhali  be  reftored  again  unto  that 

his  former  place  where  formerly  he  ferved,  as  being  a  thing  prciudi- 
panfli,  nor        •   1  1  •  1    i  °        1  •   1        r» 

yet  to  that  of  c      t0         congregation,  and  derogatory  to  the  weight  or 

another  de-    that  fentence  of  depofition,  and  it  being  almofl:  impoifibic 
poicd  for  the  that  ever  he  can  prove  ufeful  in  that  parifh  again.     See 
lame  fault.      tjie  form  0f  procefs  on   this  head.     By  act  of  AfTembly 
Auguft.  1..  ib/j.8,   it  is  enacted,  that  no  minifrer  depofed 
for  being  an   enemy  to  the  government  of  this  church, 
when  it  ihall  fall  out,  that  he  be  put  in  a  caps-city  of  re- 
ad mifTjon  to  the  miniftry,  fhall  enter  into  the  congregation 
of  any  other  minifrer,  who  alio  hath   been  depofed  for 
Minifters  de-  that  fame  fault,    by  the  53d  article  of  the  French  church 

poled  tor        discipline,  minifters  who  have  been  der-ofed  for  crimes 

horrid  crimes      ,  .  \     ,    r  r        ,  .n  .      '  ,        c . 

iioi  to  he        which  delervc  lignal  pumihinent,  or  that  bear  marks  or  m- 

repened.       farhy,  cannot  be  reftored   to   their  office,  what  acknow- 

..jincnt  foevcr  they  make.  And  as  for  other  lefs  faults, 

after 


Tit.  5.        Church    of    Scotland.  229 

after  due  acknowledgement  made,  they  may  be  reftored 
by  the  national  fyncd,  to  ferve  in  another  church,  and 
not  otherwife,  which  agrees  with  thefe  a£tsof  our  Aflem- 
blies  jufl  now  cited. 

§  22.  By  the  13th  a&  of  Aflembly  1690,  all  fenten-  ^^W? 
ces  pall  againfl:  any  miniiter,  hinc  inde,  by  any  church  fters  were  re- 
judicature,  upon  the  account  of  the  late  differences  among  poned  againfl 
Prcfoyterians  from  the  year  i6/^e,  till  the  reintrodiiclion  of  Jntencespaft 
Prelacy,  are  declared  to  be  of  themfeivcs  void  and  null,  iate  dfvifions. 
to  ail  effects  and  intents. 

TITLE     V. 

Of  Sentences  aiid  their  Revievjs,  of  Declinatures, 
References  And  afpeats* 

§  1 .  TUdicial  fentences  are  either  interlocutors,  that  is,  Severe  kinds 
^  a  femence  intermediate  between  the  dependence  of  fentences. 
and  termination  of  procefTes  ;  or  they  are  definitive,  that 
is,  they  terminate  pfOcefles.  And  thefe  are  either  abfol- 
vitures,  whereby  the  defender  is  freed  and  afibilzied  from 
the  conclufion  'of  the  libel  or  procefs,  or  they  are  condem- 
natory, whereby  the  conclufion  of  the  procefs  is  found  juffc 
and  true  againfl  the  defender  ;  or  they  are  mixed,  whereby 
the  defender  is  abfolvcd  from  forne  part  of  the  conclufion 
of  the  procefs,  and  is  condemned  in  other  parts  thereof. 

§    2.    I  he  moderator  of  no  judicature  ought  to  give  Sentences 
forth  their  fentence,  till  the  fame  be  firfr.  put  in  writing,  muftbewrit- 

and  then  he  is  to  order  the  clerk  to  read  it  in  pre  fence  of  \en  bf*ore 

11  •  rri  .1.  1      •      1      1      n  tney  be  pro- 

all  par  ',  s.     J  him  no  judicature  can  oe  in  the  leait  wrong-  nounCed. 

ed  by  any  clerk's  unfaiihfulnefs  or  omiifion. 

)   :.  When  it  is  dbubtfirl  what  fentence  fliould  be  part,  In  doubtful 
it  is  the  fafdt  fide,  and  the  leait.  error,  either  to  drop  the  cafes  it  is  fa- 
procefs  for  the  time,  or  clfe  to  abfolve  the  defender,  con-  feft  to  at>- 
form  to  that  maxim  in  law,   "  Satins  ell  impunitum  relin-       e* 
cc  qui  facinus  nocentis,  quarri  innocentem  damnare,  1.  5. 
"  d   tie  pasn,?*  for  in  abfblving  the  guilty  there  is  but  an 
Hon,  whereas  in  condemning  the  innocent  there  is  com- 
ing of  iniquity  and  injuhice. 
,  §    .,.   Before  a  judicature  can  think  to  pafs  a  fentence,  ConcMon  of 
parties  being  firft  fully  heard,   muff  dole  what  they  have  the  caufes. 
to  fay,  and  after  they  have  concluded  their  defences  and 
ani  wcrs,  then  the  judicature  begins  to  adviie  what  fenterice 

to 


230  Government    of    the       Book  IY 

to  pronounce ;  and  feeing  the  purfuer  fpeaks  firft  by  his 
libel,  the  defender  is  allowed  to  be  the  laft  fpeaker. 
Some  fins  not       §    5.  When  faults  are  lingular  and  monftrous,  it  is  the 
to  be  tried      laudable  practice  of  judges,  to  order   the  punifhment  and 
publicly.         trjaj  0f  fuch  crjmes  jn  private  ;  I  am  fure,  to  acquaint  the 
people  of  fome  unnatural  fins,  whereof  they  had  never 
heard,  were  but  a  fcandalous  and   pernicious  inftru&ion. 
bee  the  51ft  art.  1.  cap  and   10th  and  1  ith  art.  of  the  5th 
cap.  of  the  French  church  difcipline. 
Nullity  of  §   b    Sentences  are  in  themfcives  null,  when  pronoun  - 

fentences.  ced  againfr.  the  general  adls  of  the  church,  or  by  an  incom- 
petent judge,  fuch  as  the  fentences  of  kirk  (elfions  againft 
minitters,  or  even  by  presbyteries  and  fynods,  when  the 
procefs  is  carried  and  admitted  before  their  fuperior  judi- 
catures. 
The  nature,  §  7.  When  the  party  nrglecls  to  ufe  the  ordinary  re- 
ufc,  aud  end   medy  of  appeal,  he  is  allowed  (where  the  fentence  is  pal- 

ot  reviews,  |^j     gravaminous)  to  purfue  a  review  thereof  before  a 

slid  who  can  ... 

review.  fuperior  judicature.     They  are  like  reductions,  and  ought 

to  be  fo  libelled,  calling  the  parties  and  judge  to  produce 
what  is  craved  to  be  reviewed.  They  are  not  much  in 
ufe  with  us,  and  if  they  were,  fome  feif-will'd  and  liti- 
gious perfons  would  take  too  murh  encouragement  from 
it.  Alfemblies,  from  which  their  lies  no  appeal,  may  re- 
view or  recal  their  own  lentences,  on  fome  new  or  extra- 
ordinary dilcovery.  But  hferiorjudicatures,  from  which 
parties  may  appeal,  are  nut  to  determine  but  to  refer  the 
dcfired  review  or  reduction  to  their  fuperior  judicatuie  if 
a  party  fhall  omit  to  propone  a  competent  aud  proper  de- 
fence, with  a  fraudulent  and  vexatious  intention  to  protracf 
and  refume  debates ;  jn  that  cafe  he  ought  not  to  be  heard 
in  his  making  thereof  out  of  due  time  and  order.  But  to 
hear  emergent  and  new-di (cove red  defences  fince  the  con- 
ciufion  of  the  caufe,  is  butjuit. 
Themacri-  §   <s    In  the  latter  part  of  the  2  :d  act  pari.  1693,   it  is 

fixate  is  to  ftatute,  that  the  Lords  of  their  Majefty's  privy  council,  and 
iriterpoie  his  alj  other  magiitrates,  judges,  and  officers  or  jullice,  give 
authority  for  jj  jue  afplti2nce  for  making  the  fentences  and  cenfures 
getting  obe-       _     .        .         ,  ,  .     ..  °        .  ,.         ,         .  , 

diencetp        °*   the  churcn,  and  judicatures   thereof   to  be  obeyed,  or 

church  ctn-     otherwife  effectual  as  accords. 

ii,rci>'  §  9.  Declinatures  are  "  ante  latam   fententiam  defniti- 

vam ;"  but  appeals  are  made  from,  and  after  that  fentence 

Thefc 


Tit.  5.        Church    of    Scotland.         231 

Thefe  declinatures  are  of  two  forts,  the  firfl  unwarrantable,  ^lfference 
when  a  judicature  is  declined  as  having  no  authority,  as  ifferenccs  and 
a  minifter  fhould  decline  his  own  presbytery,  or  the  other  appeals  ; 
fuperior  judicatures  of  the  church  to  be  his  lawful  judges,  when  war- 
which  is  a  higher  degree  of  contumacy   than   that  which  ranJa   y  , 
follows  upon  non-compearance,  and  may  be  warrantably  when  not. 
cenfured   with  deposition  by   the    5th  acl  of  parliament 
1690.     "I  here  is  a  warrantable  declinature,  when  a  judi- 
cature is  declined  as  having  committed  injuftice  in  fome  in- 
terlocutory fentence.      )  here  is  likewife  a  warrantable  de- 
clinature, which  may  be  made  againd  particular  members, 
who  are  related  to  the  party  by  confanguinity  or  affinity, 
nearer  than  a  cou.fi  n  german,  or  who  have  behaved  thcm- 
felves  as  parties  in  the  caufe.     It  is  jufl  now  faid,  that  ap- 
peals are  properly  made  from  definitive   fentences,  but 
they  are  likewife  made  from  interlocutory  fentences,  when 
they  contain  fuch  damage  to'  the  party,  whereof  no  repa- 
ration can  be  expecled,  from  the  definitive  fentence  that  is 
to  ejifue.     Thus,  Paul's  appeal  was  jufl,  Acls  xxv.  9.  for 
although  his  accufers  could  not  prove  their  libel  againfl 
him,  yet  his  judge  did  not  abfoive  him,  but  partially  and 
iinjuftly  remitted  him  to  the  judgement  of  his  falfe  and 
malicious  accufers. 

^    10.  Ap^ellatlo  is  by  lawyers  faid  to  be  "Iniquitatis  What  an  ap- 
"  fententice  querela,  a  minore  judice  ad  fuperiorem  pro-Peal  ls  >  'lts 
"  vocans ;"  the  dcfign  of  appeals  is  to  redrels  wrongs  done  en  * 
by  the  iniquity,   unikilfulnefs,  or  precipitancy  of  judge?- 

§    1 1.  As  to  the  efTeft  of  appeals,  "  non  fbrt'tuntur  ef-  The  efFe&  of 
''•  fettam  fufpenfivum  ied  devolutivum  tanturn,"  and  con-  an  appeal, 
fequently  refolve  only  in  the  nature  of  proteus  for  remeid  j™  how  lt 
of  law  againfl:  a  fentence  pronounced  by  the  Lords  of  lef-  tj 
(ion,  and  not  in  the  nature  of  fufpenfions.    By  the  laft  ar- 
ticle, cap    5.  aft;  1  1.  ailem.  1707,  an  appeal  being  made 
by  parties,  fhould  fill  the  execution  of  the  fentence  ap- 
pealed from,  on'y  while  the  appeal  is  duely  aud  diligent- 
ly profecnte,  and  may  thereby   be  determined,  otherwife 
not ;  unlefs  the  judicature  appealed  to,  receive  the  appeal 
and  take  the  affair  before  them  :  and  in  that  cafe  the  judi- 
cature appealed  from  is  to  fill  till  the  appeal  be  difcufled. 

§    1  2.   By  the  acl  of  Affembly  Anguft  30.    16^9,  ap-The  mann.-r 
pellations  are  difcharged  to  be  made  by  leaping  over  either  oi  ma^inS 
pre^ytery  cr  fy  nod,  except  it  be  after  the  fynod  is  pail,  to  whom  ^ 

and  made. 


When  an 


^l^  Government  of  the       Eook IV. 

end  immediately  before  or  in  the  time  of  the  fitting  of  the 
General  AfTembly.  The  AfTembly  1648,  feiT  30.  orders 
thus,  that  where  the  appeal  after  fentence  is  not'  ready  to 
be  given  in,  the  party  fnall  proteft  for  liberty  to  appeal, 
and  accordingly,  within  ten  days,  give  in  his  written  ap- 
peal to  the  judicature  or  moderator  thereof,  othervvife  it 
fails;  which  order  and  method  is  further  cleared  by  the 
8th  aft  of  Aflembly  1694,  whereby  it  is  appointed,  that 
verbal  appellants  give  in  their  fubferibed  appeals,  within 
ten  days  to  the  cierk  of  the  judicature  appealed  from, 
(notwithflanding  the  judicature  may  be  up  before  the  time) 
and  alfo  intimate  the  fame  to  the  moderator,  by  leaving 
with  him  an  authentic  copy  thereof,  with  the  reafons  of 
the  fame,  to  be  regidered  by  the  clerk,  and  fummons  di- 
rect thereupon  againft  part'es  defenders,  and  extracts  there- 
of, with  the  citation  forefiid,  are  to  be  produced  by  the 
appellants  at  the  difcuffing  thereof,  declaring  that  any  ap- 
peals or  infiftings  thereupon,  othervvife  made,  fhall  be  re* 
jecled. 

§  1 3.  When  the  judicature  ad  quern  meets,  the  part}7  ap- 
appealls  to  pealed,  and  oftentimes  the  judge  a  qui,  craves  that  the  ap- 
judged  de-  pellant  may  be  called,  and  if  he  appear  not,  the  appeal  is 
ferted.  holden  as  deferred ;  In  which  cafe  firmatur  fintentiai     i£ 

appellant  fail,,  then  to  infifl,  it  rffafaflo  falls,  becomes 
void,  and  the  fentence  of  the  judicature  appealed  from  is 
to  be  put  in  execution.  See  the  Form  of"  Procefs  on  this 
head  enacted  1707.  Unlefs  the  appellants  fend  full  in- 
ftructions  and  documents  for  the  ncceility  of  their  abfence. 
See  cap.  9  art.  9.  French  church  discipline. 
How  parties  §  H-  By  the  acl  of  Affembly  Auguft  3.  164  J,  it  is  ap- 
are  lifted  by  pointed  that  ail  bills  vvhatfoever  of  particular  concernment, 
bills  and  re-  thereunto  all  parties  having  intereit  are  not  cited,  fnouid 
be  rejected.  As  alfo,  that  they  be  (kit  prefented  to  the  in- 
feriour  judicatures  of  the  kirk,  who  may  competently  con- 
fider  of  them,  and  from  them,  be  orderly  ei  gradatim 
brought  to  the  Affembly,  and  references  are  to  be  made  by 
the  inierior  to  the  immediate  fuperior  judicatures  in  the 
fame  manner.  Likewife  upon  a  reference  made  and  inti- 
mate, all  parties  prefetvt  are  thereby  cited,  afud  a&a,  to  the 
judicature  referred  unto  :  but  if  abfent,  the  clerk  muft  be 
ordered  to  direct  fummons  againft  them,  which  if  omitted, 
the  reference  cannot  be  received. 

§   «5. 


ierences. 


Tit.  6.        Church    of     Scotland.  2g§ 

§  15.  When  an  appeal  is  brought  from  the  kirk-feilion  WfaentHeJ*- 
to  the  prefbytery,  they  are  to  confider,  whether  the  caufe  ne  or  ***/** 
is  of  that  nature,  as  it  behoved  at  length  to  come  to  the  *Me  f-{*imrr]\ 
presbytery,  by  the  courfe  of  difcipline,  before  the  final 
determination  thereof:  as,  if  it  be  in  a  procefs  of  alJedged 
adultery  or  fuch  like;  in  which  cafe,  they  may,  to  fave    . 
themfelves  time,  fall  upon  consideration  of  the  aflair  with- 
out infilling  upon  the  bene  or  male  appe/I  itum,  even  tho' 
it  feem  to  be  propofterouily  appealed.     But  if  the  caufe  whetrthe  ap. 
be  fuch,  as  the  kirk-feftion  are  the  competent  and  proper  peal  is  not  to 
judges  of,  to  its  ultimate  decision,  and  if  there  hath  no  caufe  be   fuilamed. 
been  given  by  the  feflion,  through  tranfgrefling  the  rules 
of  an  orderly  procefs,  or  by  the  incompetency  of  the  cen~ 
inre,  the  presbytery  is  not  to  fuftain  the  appeal;  and  if 
they  do  not  fuftain  it,  but  find  the  appellants  to  have  been 
malicious,  litigious,  or  precipitant,  then  they  are  to  in- 
flict fome  cenfure,  fuch  as  reproof  before  the  presbytery, 
or  appoint  them  to  acknowledge  their  precipitancy  before 
their  own  fefhon,  and  that  betides  remitting  the  procefs  to 
them.  If  the  appeal  to  be  fuft«tined,  and  yet  upon  proceed-  Vtrpien  tjie  ap- 
ing  in  the  caufe,  the  presbytery  find  the  appellant  cenfurable,  pCal  is  to  be 
they  are  to  order  him  to  be  cen Cured  accordingly:  but  if  fuflaioed. 
they  find,  that  the  kirk  feifion  hath  unwarrantably  proceed- 
ed, either  to  the  contributing  to  the  railing  of  a  fcandal,  or 
inflicting  a  cenfure  without  a  fufficient  caufe,  they  are  then 
not  only  to  abfolve  the  appellant,  but  to  take  proper  ways 
for  vindicating  his  innocence :  yet  \o  as  not  to  weaken  the 
kirk-feffion's  authority ;  for  which  end  they  may  give  that 
feflion  fuitable  inftruclions  and  rules  to  walk  by,  or  private 
admonition,  or  to  call  for  a  vifkation  of  their  fefTion  red- 
Iter.    See  that  forecited  Form  of  Procefs,  Ailembly  j  707, 

T  I  T  L  E    VI. 

Of  the  Order  of  Proceeding  to.  Excommunication, 

§  1.  TF  a  guilty  perfon  continue  in  that  condition  men-  whentopro- 
•*-  tioned  tit.  1 .  of  this  book,  or  lie  under  the  cenfure  of  ceed  from  the 
the  le(Ter  excommunication  for  a  coniiderable  time,  after  kffer  to  tbe 
intimation  thereof  hath  been  made,  both  in  the  congrega-  ll!gher  c.x~ 
tion  where  it  was  inflicted,  and  alfo  in  that  to  which  he  be-  t-lon'    ancj 
longeth,  and  yet  be  found  frequently  relapfing  in  thefe  vi-  grouhds  for 

Hb  ccs^th. 


234-  Government    ofthe      Book IV. 

ces  he  was  ccnfureJ  for,  it  may  be  conftru&ed  fuch  a  de- 
gree of  contumacy,  and  fo  aggravate  the  crime  as  to  found 
a  procefs  for  the  cenfure  of  the  higher  e:xommunication, 
which  is  to  be  inflicted  or  not,  as  may  moft  tend  to  the  re- 
claiming ofthe  guilty  perfon,  and  edification  of  the  church. 
Where  there  is  no  obdurate  contumacy,  the  leffer  excom- 
munication needs  only  have  place      Again,  where  no  fcan- 
dalous  practice  hath  been  proven,  only  there  is  a  fimple 
contumacy  following  by  not  appearing,    in  that  cafe,  the 
JeiTer  excommunication  is  length  enough.     But  if  the  fcan- 
dal  be  of  an  heinous  nature,  and  that  it  is  fpreading  and  in- 
fectious, as  in  herefies  or  fchifm  in  the  church,  in  which 
cafes  contumacy  is  to  be  proceeded  againft. 
Evety  error        §  z.  Yet  every  error  or  difference  in  judgement  about 
or  difference  p0;nts  wherein  learned  and  godly  men  may  differ,  and  which 
riot  Sufficient  fUDverts  not  tne  &j*i  nor  is  deftruetive  to  godlinefs,  or 
ground  for     when  perfons,  out  of  conference,  do  not  come  up  to  the 
excommuni-    obfervation  of  all  thefc  rules,  which  are  or  fhall  be  efta- 
cauuon.  blifhed  by  authority  for  regulating  the  outward  worfhip  of 

God,  and  government  of  his  church,  the  cenfire  of  ex- 
communication fhould  not  be  inflicted  for  fuch  caufes.  See 
Durham  on  fcandal.  The  letter  from  the  Aifembly  of  di- 
vines at  Well  minder,  with  the  anfwer  of  our  General  Af- 
fembly  1645. 
Howthepref-  §  3  The  kirk-fetfion  having  brought  the  procefs  to  the 
bytery  pro-    lefler  excommunication,  before  they  proceed  further,  they 

c        ^  tn  1        reference  to  lav  their  whole  proceeding  in  writ  be- 

oerions  ire-  '  /I  o 

lent  orabfent  fote  tne  prefbytery,  who  finding  them  to  have  orderly  pro- 
|n  order  to  ceeded,  and  that  the  letter  excommunication  is  not  fufficient, 
this  cenlare.    tjiey  are  to  cau{e  cjte  tne  fcandalous  perfon.      If  he  appear, 
and  deny  the  fcand  1  ailedged  and  libelled,  then  they  are 
to  lead  probation  as  in  other  cafes.    If  he  appear  not,  then 
the  citation  is  to  be  renewed  till  he  hath  got  three. 
After  three         §  4    If  he  contemn  thefe  three  citations,  then  he  is  to 
ordinary cita-  be  admonifhed  out  of  the  pulpit,  to  appear  and  fubmit  three 
public  admo-  ^veral  Sabbaths ;  and  a  pre(bytery-diet  fhould  intervene 
nitions,  betwixt  every  one  of  thefe  admonitions.     By  thefe  admo- 

nitions intimation  is  to  be  made,  that  the  prefbytery  will 
proceed  to  inquire  into  the  gailt,  although  the  delinquent 
be  abfent,  and  threatning  him  with  the  higheft.  cenfure  of 
the  church,  if  he  continue  impenitent  j  and  therefore  the 

roiniftcr 


Tit.  6.         Church    of  Scotland.  235 

milliner  is  gravely  to  admonifh  the  party  prefent  or  abfent 
to  repent  and  fubmk  himfelfto  the  difcipline  of  the  church. 

§  5    If  after  all,  the  perfon  continue  impenitent  or  con-  After  three 
tumacious,  the  presb)tery  appoints  the  minifler  to  pray  for  admonitions, 
him  publicly  in  the  congregation,  and  he  is  to  exhort  them  fo^.w  tljre® 
to  join  with  him  in  prayer,  that  God  wouJd  deal  with  the  Jrs<       ^  d' 
foul  of  the  impenitent,  and  convince  him  of  the  evil  of  his 
ways.     Whjch  prayers  of  the  church,  ate  to  be  put  up 
three  feveral  Sabbath  days,  a  presbytery  inter veneing  be- 
twixt each  prayer. 

§  6.  The  fcandalous  perfon  ftill  continuing  impenitent,  Ed5&  fot  ex- 
and  making  no  application  or  fubmiffion,  the  presbytery  is  cornmuwcat^ 
then  to  appoint  the  minifler  to  intimate  their  refolution  to 
proceed  upon  fuch  a  Sabbath  as  they  fhall  name  for  pro- 
nouncing that  dreadful fentence,  uniefs  either  the  party,  or 
fome  for  him,  fignify  forne  relevant  ground  to  flop  the  pro- 
cedure, that  to,  upon  the  congregation's  tacite  confent  and 
acquieicence,  the  fentence  may  have  its  due  weight  and 
intended  effect 

§  7     All  thefe  flow  and  feveral  fleps  of  the  church's  Thereafonof 
proceedings  to  this  high  cenfure,  do  fhew  their  tendernefs  this  flow  pro- 
towards  their  lapfed  brother,  their  earneflnefs  to  have  him  cedure. 
reclaimed,  and  alfo  to  create  a  greater  regard  and  terror  of 
that  dreadful  cenfure,  both  in  the  party  and  all  the  people. 
Let  not  thofe  who  defer ve  it,  or  upon  whom  It  hath  been 
orderly  andjurtly  inflicted,  mock  and  foy,farturiuntmon- 
tes,  Sec.  for  whatfoever  the  church  fhall  fo  bind  on  earth, 
our  Lord  hath  faid  it  fhall  be  bound  in  heaven,  Marth.  xviii 
j  8.  and  this  cenfure  is  like  a  feal  to  ail  the  threatnings  of* 
God  in  his  word,  which  fhall  verily  be  execute  againft  im- 
penitent finners. 

§  8.  The  day  being  come,  the  minifler  is  to  preach  a  Thernimftcrs 
fermon  fuited  to  that  folernn  occafion,  concerninp  the  na-  behaviour  be- 

ture,  ufe,  and  ends  of  church  cenfures ;  Then,  after  the  ore        Pro" 

,.  \  r        r    y  •  nounce  the 

ordinary  prayers  and  praties  or  the  congregation  are  per-  fciltence 

formed,  the  minifler  is  to  narrate  all  the  fteps  of  the  pro- 
cefs,  fhew  the  obitinate  impenitency  of  the  fcandalous  per- 
fon, and  that  now  there  remained  only  that  mean  of  cut- 
ting him  off  from  the  fociety  of  the  faithful.  Then  he  is 
to  deiire  the  congregation  to  join  with  him  in  prayer,  that 
God  would  grant  repentance  to  the  obfiinate  perfon,  would 
H  h  l  gracioufly 


236        Government   of    the         Book  IV, 

gracioufly  blefs  his  own  ordinance,  to  be  a  mean  for  re- 
claiming him,  and  that  others  may  fear. 
The  form  of      §  9  •  Then  immediately  after  prayer  thatterrible  fentence 
the  f. licence  is  to  be  pronounced,  in  thefe  or  the  like  words,  fpeaking 
oi  excommu- 10  njm^  jn  t^e  feconcj  perfon>  jf  prefent,  and  of  him,  in  the 
third  perfon,  if  abfent.     Whereas  thou  N  hail  been  by  fuf- 
ficient  proof  convicted  of  here  mention  the  fin;  and  after 
due  admonition  and  prayer,  remained  obftinate,  without  a- 
ny  evidence  or  fign  of  true  repentance :     Therefore,  in  the 
name  of  the  Lord  Jefus  Chrift,  and  before  this  congrega- 
tion, I  pronounce  and  declare  thee  N.  excommunicated, 
fhut  out  from  the  communion  of  the  faithful,  debars  thee 
from  their  privileges,  and  delivers  thee  unto  Satan  for  the 
deflruction  of  thy-flefh,  that  ihy  (pint  may  be  laved  in  the 
day  of  the  Lord  Jefus 
What  is  §  l°-  Why  the  apodle,  1  Cor.  v.  5.  exprefiesexcommu- 

nieant  byde-  nicationby  delivering  to  Satan  may  be  for  this,  among  a- 
livetiogtofa-  mong  other  reafons,  that  Satan  is  called  the  god  of  this  world, 
as  wold  is  taken  in  oppofition  to  the  church  of  God,  fo 
that  delivering  to  him  implies  no  more  than  that  Matth. 
xviii  1  7.  if  he  neglect  to  hear  the  church,  let  him  be  to 
thee  as  an  heathen  man  and  publican,  thereby  letting  us 
know  how  dreadful  a  thing  it  is  to  be  flint  out  from  the  or- 
dinary means  of  grace  and  falvation,  and  expofed  to  the 
temptations  of  our  grand  adverfary   the  devil. 
"When   pro-        §  1  1  If  after  prayer,  or  before  pronouncing  of  that  Cen^ 
nouMcmg  tl>e  tencc,   the  fcandalous  perfon  make  any  public  fignification 
be  flopped  '  °^  k*s  penitency,  and  of  his  defire  to  have  the  cenfure  flop, 
the  mini  Iter  may,  upon  any  apparent  ferioufnefs  in  him, 
delay  pronouncing  him  excommunicated,  upon  his  public 
engagement  andpromife  to  appear  before  the  prefbyteryat 
their  next  meeting,  of  which  the  minifler  is  to  make  report, 
and  the  presbytery  is  thereupon  to  deal  with  the  fcandal- 
ous perfon  as  they  lhall  fee  caufe. 
The  effects        §  i2'  After  the  pronouncing  of  this  fentence,  the  mi- 
3  fen-    rafter  is  to  warm  the  people  of  the  effects  thereof;  fuch  3s, 
that  they  hold  that  perfon  to  be  caflout  of  the  communion 
of  the  church,  and  therefore  they  are  to  fhun  all  unnecef- 
fary  converfe  with  him ;  neverthelefs  excommunication  dif- 
folveth  not  the  bonds  of  civil  or  natural  relations.     By 
tiie  aft  of  Ailembly   1596,  revived  Affembly  163^,  art. 
16.  fell  23.  fuch  are  appointed  to  be  excommunicated  as 

will 


tenc< 


Tit.  6.         Church   of   Scotland.         237 

will  not  forbear  the  company  of  excommunicated  perfbns. 
By  the  10th  of  trjefe  canons  called  apjlo/ica/y  "  Si  quis 
"  etiam  domi  cum  excommunicato  fimul  oraverit,  is  pariter 
"  excommunicetur  "  By  Aflembly  1 64-j.  feff  ult  and 
Aflembly  1648,  art.  1 3.  ih(T.  38.  if  a  rainifter  haunt  the 
company  of  excommunicated  perfons,  he  fhall  be  fufpend- 
ed  for  the  firff.  fault,  and  deprived  for  the  fecond,  unlefs 
he  have  licence  from  the  presbytery,  or  elfe  the  excom-  x 

municated  perfon  be  in  extremis.  No  civil  penalty,  fuch 
as  efcheat  of  moveables  or  caption,  doth  now  follow  upon 
this  fentencc,  fo  that  the  liberty  and  cftatesof  church  mem- 
bers are  not  endangered  by  it,  nor  do  they  depend  upon 
church  men.  But  upon  a  presbytery's  1  eprefentation  to  the 
privy  council,  againft  perfons  that  are  contumacious,  fuch 
may  not  expect,  to  enjoy  their  places,  or  be  intruded  with 
any,  as  the  lalt  aft  made  aga'mll  profanenefs  in  King  Wil- 
liam's reign  doth  infinuate.  By  Jam.  VI.  pari.  1  1.  cap.  ij, 
excommunicate  perfons  are  to  be  charged  by  the  minifter 
to  depart  from  the  church  in  time  of  mmiftration  of  facra- 
ments  and  prayer,  and  not  to  dilobey,  under  the  penalties 
therein  mentioned. 

§    13.  The  minifter  is  to  conclude  this  cenfure  with    °JfJ! lon  ^ 
J       -'  pr8.ycr, 

prayer  to  thispurpofe,  that  God,  who  hath  appointed  this  praife,  and 
terrible  fentence  for  removing  of  offences,  and  reducing  pronouncing 
of  obilinate  finners,  would  ratify  in  heaven,  what,  in  his  the  bleffirig- 
name,  and  by  his  warrant  hath  now  been  done  on  earth, 
and  that  the  ihuting  him  out  of  the  church  may  fill  him 
with  fear  and  fhame,  break  his  obfnnate  heart,  and  be  a 
mean  to  deliroy  the  flefh,  and  recover  from  the  power  of 
the  devil,  that  his  fpirit  may  yet  be  faved,  and  alfo  that 
others  may  be  ftricken  with  fear,  and  not  dare  to  fin  fo  pre- 
■iumpruoufly,    or  contemn  the  authority  and  voice  of  his 
church.     See  Knox's  forms  prefixed  to  the  old  pfdms. 
Then  the  congregation  is  to  be  difmifTed  with  the  bleffing, 
after  finging  the  lad  part  of  the  101 11  Pfalm. 

§    14.  The  4  th  art.  cap.  30.  of  our  Confeflion  of  Faith  The  ^er: 
faith,  that  for  the  better  attaining  the  ends  of  church  cen-  t^e  ^^^^ 
fures,  the  officers  of  the  church  are  to  proceed  by  admo-  and  lefler  ex- 
nition  and  fu (pen (ion  from  the  facrament  of  the  Lord's  commmlca- 
. Supper  for  a  time,    and  by  excommunication  from  the  tlon' 
church  *»  The  difference  then  betwixt  thefe  two  cen  fures 
is,  lb (penfion  from  the  Lord's  Supper,  which  imports,  that 

the 


238         Government    of    the        Book  \  I. 

the  perfon  fo  cenfured  is  in  imminent  danger  of  being  ex- 
communicated and  cut  cff  from  the  church  \  but  before 
that  heavy  and  finifhing  irroke  be  inflicted,  there  are  fur- 
ther means  to  he  ufed,  fuch  as  prayers  and  admonitions, 
in  order  to  his  reclaiming,  2  Thelh  lii.  6.  14,  i ,.  "Now 
"  we  command  you  brethren,  in  the  name  of  our  Lord 
"  Jefns  Chriit,  that  ye  withdraw  yourfeives  from  every 
"  brother  that  walketh  dtforderiy  :  and  if  any  man  obey 
u  not  our  word  by  this  epiftle,  note  that  man,  and  have 
"  no  company  with  him;  that  he  may  be  sihamed,  yet 
11  count  him  not  as  an  enemy,  but  admonifh  him  as  a  bro- 
u  thcr."  Whereas,  when  a  perfon  is  cut  off  by  that  high 
cenfure,  he  is  to  be  looked  on  as  a  heathen  man,  Mauri, 
xviii.  17.  Upon  which  the  church  ceafeth  to  be  his  re- 
prover, they  giving  him  over  for  dead  or  defperate,  and 
will  adminiiter  no  more  of  the  medicine  of  church  difci- 
pline  unto  him,  1  Cor.  xii.  t  $.  M  For  what  hath  the  church 
"  to  do  to  judge  them  that  are  without  i  do  not  they  judge 
"  them  that  are  within  ?  but  them  that  are  without,  God 
"  judgeth." 

§    1   .  Ferfons  guilty  of  relapfe  in  adultery,    or  who 

are  often  guilty  of  other  erofs  fcandals,  are  to  be  more 
communica-     „  .,    5        >  .  \        .  '  •_. 

tion,  what,    fummaniy  excommunicate  than  in  ordinary  proceiles,  both 

and  when  to  for  the  heinoufnefs  of  the  mi,  and  for  terror  to  others. 

be  inflicted.  $ee  fefc  ^$.  afiem.  16^8.  There  is  no  excommunication 
abfolntely  fummary,  that  is,  without  previous  citations, 
admonitions  and  prayers,  but  it  is  comparatively  fummary, 
becaufe  they  are  not  firlr.  fufpended,  as  in  ordinary  church 
procedures  againft  fcandalons  perfons.  I  am  fure,  where 
there  is  no  obdurate  contumacy,  but  on  the  contrary,  e- 
difying  figns  of  true  repentance,  to  fuch  fiui/s  ecclefit  Jhnr 
per  fatet :  for  the  repentance  of  the  greatefl  miners  is 
more  edifying  and  grateful  than  their  excommunication, 
and  if  the  holy  One  of  lfrael,  who  is  abfolute  and  fove- 
reign  in  beftowing  of  his  mercy  and  grace  to  whom  and 
when  he  will,  fhall  think  fit,  by  giving  unfeigned  repent- 
ance to  thatnottour  atrocious  finner,  to  fignify  his  forgi- 
ving of  him,  aixl  receiving  him  into  his  favour  ;  how  dare 
any  church  upon  earth  prefume  to  deliver  /uch  a  perfon 
unto  Satan. 

§   10.  In  cafe  the  excommunicate  perfon  continue  oh* 
ftinate,  after  the  fentence  of  the  prefbytery  is  intimated  in 

all 


Summar  ex- 


Tit.  6.         Church    of    Scotland.  239 

all  the  kirks  within  their  bounds,  they  are  to  give  an  ac-  intimation  of 
count  thereof  to  the  fynod,  who  are  to  appoint  intimation  the  fentence 
thereof  to  be  made  in  all  the  kirks  of  their  bounds  ;  and  if  of  excommu- 
need  be,  the  fynod  is  to  bring  the  cafe  to  the  Adembly,  ^fXtiolT 
that  the  fentence  may  be  intimate  through  all  the  church- 
es of  the  kingdom,   Mem.    1764.feflf.iio-  AfTem.  1648, 
Auguft  10.    Only  let  this  be  remembred,  that  if  he  come 
to  be  abfolved,  juilice  be  done  him,  in  caufing  the  abfo- 
lution  be  intimate,  where- ever  the  excommunication  had 
been,  fo  the  plaifter  will  be  proportioned  to  the  fore 

§    17    There  is  in  the  canon  law  a  church  cenfure  interdi&um 
which  they  call  interdiflum,  by  which  they  excommuni-  local  and 
Cote  whole  kingdoms  and  provinces  for  the  fault  of  fome,  palticu^ar* 
whereby  they  make  the  innocent  fuffer  with  the  guilty, 
through  the  forbidding  the  public  exercife  of  God's  wor- 
fhip  in  that  kingdom,  place,   or  province.      They  have  a 
particular  inter  diBum  by  which   they  excommunicate  a 
number  of  perfons  fpeciaily  deHgned.   By  the  firft:  of  thefe 
the  inhabitants  are  only  affected  and  reached  with  its  cen- 
fure during  their  abode  or  refidence  in  the  place  interdic- 
ted.    But  the  particular  interdict  doth  reach  and   follow 
the  particular  perfons  thereby  cenfured,  where-ever  they 
fojourn. 

§    18.  Calderwood,  in  his  hiftory  p.  205.  tells  us,  that  Anathemati- 
anathemati  nation  is  a  cenfure  of  an  higher  degree  than  ex-  zation,  ex- 
communication, but  the  reformed   churches  generally  e-  c?mmunjca- 
fteem  excommunication   to  be   "  feveriflima  difciplina.  &  c^a    ^!e~ 
*>  ultrmum f«l men  eccled^,"  infect.  16.  art.  1    of  the  di-  iynonymous. 
re&ory  for  church  government,  as  it   was   printed   anno 
1(34.7,  to  be  examined  by  the  Adembly,  it  is  faid,  excom- 
munication is  a  fhutting  out  of  a  perfon  from  the  commu- 
nion of  the  church,   and  it  is  the  greateft  and  laft  cenfure. 
And,  pray,  what  can  a  church  do  more  P  or,  what  have 
they  to  do  more  with  a  perfon  /hut  out  of  their  commu- 
nion ?  The  anathematization  among  the  Canonifb  hath  no 
other  efecls,  but  is  the  fame  upon  the  matter  with  their 
greater  excommunication;  only,  when  the  fame  is  fafTicled 
with  a  number  of  more  folemnities  and  formalities,  be- 
caufe  of  that  parade,  it  is  then  called  anathematization* 
And  we  find  by  Knox's  forms,    that  he  ufeth  the  words 
excommunicated  and  accurf-d,  as  iynonymous  or  equipol- 
lent :  fee  the  Form  of  Procefs  both  on  this  and  the  fubfe- 
quent  title,  AfTem.  1707. 

TITLE 


240  Government    of    the       Book VI. 

TITLE      VII. 

Of  the  Order  of  proceeding  to  Abfohition. 

The  old  and  §    I.  T3 Y  the  manufcript  acts  of  Atfembly  at  Ed  nburgh, 
preient  me-  i-^  March  i  ;■•' ''-y,  perfons  excommunicated  for  their 

ceecfin°f  to°"    ofFences>  in  order  to  their  ^bfolution,    ihall   ftand    bare- 
abibiuuon       headed  at  the  kirk -door  till  prayers  and  finging  be  ended, 
and  then  enter  the  kirk,  and  fit  at  the  public  place  of  re- 
pentance bare-headed  all  the  time  of  the  fermon,  and  a- 
gatn  depart  before  the   iaft  prayer,  which  is  agreeable  to 
Knox's  forms,  concluded  anno  J  567,  and  ordered  to  be 
printed  by  Aflembly  1571,   and  is  not  difagreeable  to  the 
primitive  practice  of  the  church.     But  now  if,  after  ex- 
communication, the  figns  of  repentance  appear  in  the  per- 
fbn  excommunicated,  fuch  as  godly  fbrrow  for  fin,  as  ha- 
ving thereby  incurred  God's  heavy  difpleafure,  occafion- 
ed  grief  to  his  brethren,  and  juftly  provoked  them  to  cad: 
him  out  of  their  communion,  together  with  a  full  purpofe 
of  heart  to  turn  from  his  fin  unto  God,  with  a  humble 
defire  of  recovering  peace  with   God  and  bis  people  ;   all 
which  the  prefbytery  being  fatisfied  with,   they  give  war- 
rant for  his  absolution  :    but  in  order  thereto,  he  is  to  be 
brought  before  the  congregation,  and  there  alfo  make  free 
confefllon  and  exprefs  forrow  for  his  fin,  call  upon  God 
for  mercy  in  Chrifr,  feek  to  be  reftored  to  the  communion 
of  the  church;  and  he  muft  promife,  through  the  Lord's 
flrength,  new'  obedience,  and  more  holy  and  circumfpeclj 
walking.    Which  appearance  before  the  congregation,  lhall 
be  as  often  as  church  judicatures  mall  find  may  be  for  e- 
dification  and  trial  of  the  profefiing  penitent's  fincerity. 
kbfolutionin      §  2-  ^  minifler  may  warrantably,  without  licence  from 
extremis.        the   prefbytery,  haunt  the   company   of  excommunicate 
perfons/?  extremes,  as  is'faid,  tit.  praec.    And  if  he  ihall 
then  fi nd  m  the  dying  pen'bn   true  figns  of  repentance, 
what   is  there  to  forbid  his  adminjftrating  the  comfort- 
able fentence  of  abfoiution  to  him,  feeing  it  is  due  to  the 
figns  of  his  repenance,  and  his  dying  condition  cannot  ad- 
mit of  longer  delay.      But  that  mimflers  might  have  better 
warrant,  and  the  tears  of  dying  penitents  be  more  eaiily 
removed,  I  with,  there  werefome  church  aft  exprefsly  au- 

taorifmg 


Tit.  7.        Church    of  Scotland.  241 

thorizing  minifters  to  abfolve  perfons  in  fuch  circumftan- 
ces 

§  4.  In  the  preceding  title,  there  is  an  edift  of  excom-  Erliarofab- 
munication  mentioned,  fo,  in  like  manner,  and  on  the  Solution. 
fa  re  ground,  there  fhould  be  pubiifhed  an  edict  of  abfo- 
lution,  at  leaft  a  Sabbath  before  the  fame  that  io  the  pe- 
nitent may  be  reftored  to  the  apparent  and  tacit  fatisfac- 
tion  of  that  congregation  who  had  fo  contented  to  his  fe- 
ci nfion. 

§  4  The  day  being  come,  the  minifter  is  to  preach  a  Th^mflxr's 
fermon  fuited  to  that  occafion  :  Then,  after  the  ordinary  behaviour 
prayers  and  praifes  of  the  congregation  are  ended,  he  is  to"j"y  ^5^!., 
call  npori  the  profefled  penitent,  and  make  him  declare,  tj01Si 
.promife,  and  call  upon  God  as  above :  thereafter  he  is  to 
defire  the  congregation  to  join  with  him  in  prayer  to  this 
purpofe,  that  the  Lord  Jefus  Chriit,  who  hath  pronounced, 
that  whofoever  by  his  minifters  is  bound  on  earth  /hail  be 
bound  in  heaven,  and  alio  that  whofoever  is  looted  by  the 
fame,  fhall  be  looted  and  abfolved  with  him  in  heaven, 
would  mercifully  accept  his  creature  this  prqfefljng  peni- 
tent N.  whom  Satan  of  a  long  time  hath  held  in  bond- 
age, fo  that  he  not  only  drew  him  to  iniquity,  but  alfo 
fo  hardened  his  heart,  that  he  dcfpifed  all  admonitions ; 
for  the  which  his  fin  and  contempt,  they  were  compelled 
to  excommunicate  him  from  the  fociety  of  the  faithfuL 
But  now  feeing  the  Holy  Spirit  hath  fo  far  prevailed,  that 
he  profefieth  repentance  for  his  fin,  that  it  may  plcafe  God, 
by  his  Spirit  and  grace,  to  make  him  a  (incere  and  unfeign- 
ed penitent:  and  for  the  obedience  of  the  Lord  Jefus  Chrift 
unto  death,  lb  to  accept  of  this  poor  returning  (inner,  that 
his  former  di (obedience  be  never  laid  to  his  charge,  and 
that  he  may  increafe  in  all  godlinefs,  fo  that  Satan  in  the 
end  may  be  troden  under  foot  by  the  power  of  our  Lord 
Jefus,  and  God  may  be  glorified,  the  church  edified,  and 
the  penitent  faved  in  the  day  of  the  Lord. 

§   5.  After  prayer,  the  fentence  of  abfolution  is  to  beSefitence  cf 
pronounced  in  thete  or  the  like  words.     Whereas  thou  N.  abfolution  & 
haft  been  (hut  out,  for  thy  fin,  from  the  congregation  of*;    ^tat£?V 
the  faithful,    and  haft  now  manifefted  thy  repentance,  ve^  ,  ■ 
wherein  the  church  refteth  fatisfied  ;  in  the  name  of  the 
Lord  Jefus  Chrift,  before  this  congregation^  1  pronounce 
and  declare  thee  abteivedfrom  the  fentence  of  excom  mu- 

I  i  nication 


242  Government,    &c.         Book IV, 

nication  formerly  denounced  againft  thee,  and  do  receive 
thee  into  the  communion  of  the  church,  and  the  free  ufe 
of  all  the  ordinances  of  Chrift,  that  thou  mayeft  be  par- 
taker of  all  his  benefits  to  thy  eternal  falvation.  After  this 
is  pronounced,  the  minifter  fpeaketh  to  him  as  a  brother, 
exhorting  him  to  watch  and  pray,  or  comforting  him,  if 
there  be  need,  the  elders  embrace  him,  and  the  whole  con- 
gregation holdeth  communion  with  him  as  one  of  their  own. 
Kow  the  ex-  §  6.  When  the  presbytery  hath  given  warrant  for  ab- 
communicat-  folving  the  excommunicate  perfon,  he  is  thereupon  mate- 
ed  are  prayed  rja]]v  abfolved,  and  therefore  may  be  admitted  to  church 
folution*  ■  vvorfhip,  before  he  be  actually  and  formally  pronounced 
and  declared  fuch.  The  church  may  pray  for  excommu- 
nicate perfons,  unlefs  they  bad  certain  knowledge,  I  mean 
very  well  grounded,  that  any  of  them  had  committed  the 
unpardonable  fin,  and  that  unto  death,  i  John  v.  16. 
Matth.  xii,  31*  32.  and  when  we  do  pray  for  thefe  ex- 
communicated whom  we  hope  not  to  be  fo  guilty,  yet  we 
do  not  pray  for  them  as  Chriftians,  or  of  our  communion, 
but  as  if  they  were  Heathens,  for  their  converfation  and  re- 
pentance. 
Conclufion  of  §  7»  The  minifter  is  to  conclude  the  abfolution  with 
the  abfolution  prayer,  thanking  God,  who  delighteth  not  in  the  death  of 
a  firmer,  but  rather  that  he  fhould  repent  ana  live,  and 
magnifying  the  mercy  of  God  through  Jefus  (Thrift,  in 
pardoning  and  receiving  into  his  favour  the  moft  grievous 
offenders,  when  ever  by  his  grace  they  unfeignedly  repent 
and  forfake  their  (ins  :  Thereafter  the  congregation  is  dif- 
mifled  with  ableffing,  after  finginga  part  of  fome  peniten- 
tial Pfalm. 


THE 

FORM      of     PROCESS 

I    N       T    H    E 

Judicatures  of  the  Church  of  Scotland, 

With  Relation  to 
SCANDALS     and     CENSURES. 

[Ratified  and  approved  by  a&  of  AfTembly  1 8th  April  1 707,  Ce(T.  11.] 

CHAP.    I. 

Concerning  Church  Government ,  Discipline,  Scandals,  and  Cen- 
fures  in  general. 

OUR  Lord  Jefus  Chrift  hath  inftituted  a  government,  and  go- 
vernors ecclefiaftical  in  his  houfe,  with  power  to  meet  for  the 
order  and  government  thereof;  and  to  that  purpofe,  the  apo- 
ftles  did  immediately  receive  the  keys  from  the  hands  of  their  Lord  and 
Mafter  Jefus  Chrift,  and  did  ufe  and  exercife  the  fame  upon  all  oc- 
cafions,  and  Chrift  hath  from  time  to  time  fnrnifhed  fome  in  his  church 
with  gifts  for  government,  and  with  commiflion  to  exercife  it  when 
called  thereunto,  and  has  promifed  his  prefence  to  be  with  them  to 
the  end  of  the  world. 

It  is  aggreable  to,  and  founded  on  the  word  of  God,  that  fome  o- 
thers,  befides  thefe  who  labour  in  the  word  and  docVine,  be  church 
governors,  to  join  with  the  minifters  of  the  word  in  the  government  of 
the  church,  and  exercife  of  difcipline,  and  overfght  of  the  manners  of 
the  people;  which  officers  are  called  ruling  elders:  As  alfo,  that  the 
church  be  governed  by  feveral  forts  of  judicatures,  and  one  in  fubor- 
dination  to  the  other,  fuch  as  kirk-feftions,  preibyteries,  provincial 
fynods,  and  general  aflemblies. 

Church  difcipline  and  cenfures,  forjudging  and  removing  of  offen- 
ces are  of  great  ufe  and  neceffity  in  the  church,  that  the  name  of  God, 
by  reafon  of  ungodly  and  wicked  perfons  living  in  the  church,  be  not 

1  i  2  blafphemed 


244  Form     of     Process     in 

blafphemed,  nor  his  wrath  provoked  a  gain  ft  his  people,  that  the  god- 
ly be  nor  leavened  with,  but  prefervcd  from  the  contagion,  and  (trie- 
ken  with  fear,  and  that  finners  who  are  to  be  cerafured  may  be  afham- 
ed,  to  the  ddftrudtion  of  the  flelh,  and  faving  of  the  fpirit  in  the  day 
of  the  Lord  Jefus. 

No:hing  ougfa  to  be  admitted  by  any  church  judicature  as  the  ground 
of  a  prccefs  for  cenfure,  but  what  hath  been  declared  cenfurable  by 
the  word  of  God.  or  fome  act  of  univerfal  cuftom  of  this  national 
church  agreeable  thereto;  and  the  feveral  judicatures  of  this  church 
ought  to  rake  timous  notice  of  all  fcandals:  But  it  is  judged;  that  if  a 
fcandalfhall  happen  not  to  be  noticed  in  order  to  cenfure  for  the  (pace 
or  five  years,  it  fhould  not  be  a  j,a;n  revived,  (b  as  to  enter  in  a  pro- 
cess thereane.it,  unlefs  it  be  of  an  heinous  nature,  or  become  again 
flagrant,  but  the  conferences  of  fuch  perfbns  ought  to  be  feriouily 
dealt  with  in  private  to  bring  them  to  a  ihnfc  of  their  fin  and  duty 

Thefe  aff  mblies  or  church  judicatures  before-mentioned  have  power 
to  convene  and  call  before  them  any  perfons  within  their  own  bounds, 
whom  the  ecclefiaftic  bufinefs,  which  is  before  them  doth  concern,  ei- 
ther as  party,  witnefs,  or  otberwife,  and  to  examine  them  according  to 
the  nature  of  the  a^a:r  and  to  hear  and  determine  in  inch  cafes  as 
fhall  orderly  come  before  them,  and  accordingly  difpenfe  church  cen- 
fures. 

If  a  rcrfon  be  charged  with  a  fcandal,  who  lives  within  the  bounds 
of  another  pariih,  the  kirk  feiTion  of  the  parifn  where  tnat  perfon  re- 
fides  fhould  be  defired  to  caufe  cite  that  perfon  to  anfwer  before  the 
feffien  in  whofe  bounds  the  fcandal  happened,  and  the  fame  courfe  is 
to  be  followed  in  fuch  cafes  by  the  other  judicature  of  the  church, 
feeing,  for  order's  lake,  they  fhould  not  pre  fume  to  exercife  their  au- 
thority without  their  own  bounds. 

The  minifter  of  the  word  being  sn  office  above  that  of  the  ruling 
elder,  cannot  be  liable  to  the  c.  nfure  of  the  kirk-feffion,  but  to  the 
fuperior  judicature*  of  the  church. 

C  H  A  ?.    II. 

Concerning  the  entering  of  Ptoceffes^  Citation  of  Parties  and 
TVitnefjcs,  and  taizingDc^fiti^is,  and  ancnt  Fugitives  from^ 
DifcipL 

fi/l  ;'  mbers   of  kirk-f  .(lions  are  wifely  to  consider  the  information 
-  <-*■   they  get  of  fcandals,  and  confult  with  their  namifter  thereanent, 

ever;  before  the  f;.mx  be  eouunumcatc  to  others,,   that  thereby  the 

fpreading 


Church     Judicatures.  245 

fpreading of  the  fcandal  may  be  prevented,  and  it  maybe  removed  by 
private  admonition  according  to  our  Lord  and  Saviour's  rule,  Matth. 
xviii.  •  5,  which,  if  amendment  follow,  is  the  far  better  way  of  gain- 
ing 2nd  recovering  a  lapfed  brother,  whereas  the  needlefs  fpreading  of 
a  fcandal  does  (bmetimes  harden  the  guilty,  grieve  the  godly,  and  is 
diihonourable  to  religion. 

When  any  hutinefs  is  moved  in  a  church  judicature,  whether  by 
information,  petition,  or  otherwife,  they  are  in  the  fir  ft  place  to  con- 
hder,  whether  the  matter  in  itscircumitantial  cafe  be  proper  for  them 
to  enter  upon,  and  whether  it  be  orderly  brought  in,  and  proper  for 
them  to  cognofce  and  difcufs  it  themfelves  or  prepare  it  for  fuperior 
judicatures,  and  fhould  endeavour  to  fhcrren  their  wurfc  as  much  as 
with  the  edification  of  the  church  they  can;  especially  as  to  the  head 
of  fcandal,  but  dill  on  all  occafions  the  OfHce  bearers  in  the  houie  of 
God  are  to  lliew  all  prudent  zeal  againft  (in 

In  proceeding  in  all  caufes,  where  there  is  any  perfon  or  parties  con- 
cerned, the  judicature  is  to  fee.  rhat  before  they  pioceed,  thefe  per- 
fons  or  parties  be  duly  filled  before  therh  by  a  legal  and  timous  citation 
in  write,  bearing  its  caufe,  cither  at  the  indance  of  a  party  complain- 
ing, or  at  lead  by  order  of  the  judicature;  and  if  they  be  rcfiding 
within  the  paridi,  the  lame  may  be  upon  forty  eight  hours  advertife- 
ment,  and  the  execution  of  the  fummons  bearing  its  caufe,  and  made 
before  two  or  three  witucfies  infert,  is  to  be  returned  by  the  beadle 
or  officer  in  writing,  and  the  per  fons  cited  called  at  the  door;  and 
this  jsefpecially  to  be  obferved  by  prefbyteries  and  other  fuperior  ju- 
dicatures of  the  church. 

Sometimes  it  may  be  fit  that  the  party  be  privately  fpoken  to,  be- 
fore any  citation  be  given,  or  procefs  begun,  for  their  better  gaining, 
in  which  cafe  the  rninifler  is  to  exercife  his  own  dilcretion,  and  take 
the  concurrence  of  elders  and  others  with  him ;  but  if  the  party  cited 
as  above,  appear  rot,  there  ought  to  be  a  'econd  and  then  a  third  ci- 
tation given  by  the  order  of  the  feflkmsj  and  prefbyteries,  either  perfo- 
nally,  or  left  at  thtv  dwelling  houfe.  before  the  judicature  declare 
the  perfon  contumacious,  unlefs  the  party  be  cited  to  appear  before  a 
fbpericr  judicature  by  reference  or  appeal,  in  which  cafe  there  is  not 
that  need  of  io  many  citations,  before  the  fuperior  judicature,  the  par- 
ty having  actually  appeared  before  the  inferior  judicature;  and  Joeing 
cited  at  id  acta  to  a j- pear  before  the  fuperior,  and  the  lame  marked  in 
the  minutes,  or  having  been  declared  contumacious  before  the  caufe 
was  brought  before  the  fuperior  judicature. 

All  citations  of  udaffa,  are  peremptory,  and  if  jnftructed,  infer  con- 
tumacy, if  not  obeyed, 

if 


14-6  Form     of     Process     in 

If  the  perfon  do  not  appear  on  the  third  citation,  or  upon  a  citation 
apid  aCldj  and  no  relevant  excufe  adduced  and  verified,  though  in 
that  cafe  he  be  cenfurable  for  contumacy,  yet  it  may  be  fit  the  judi- 
cature proceed  to  take  cognition,  either  by  examining  witnefles  upon 
oath,  or  by  other  documents  of  the  verity  of  the  fcandals  delated  a- 
gainfl:  him,  before  they  ceniure  him  for  contumacy. 

If  the  party  appear,  then  the  moderator  is  to  inform  the  perfon  of 
the  occafion  of  his  being  called,  and  to  give  him,  if  defired,  a  fhort 
note  in  writing  thereof,  with  the  names  of  the  witnefles  that  are  to  be 
made  ufe  of. 

There  feems  to  be  no  need  of  accufers  or  informers  in  ecclefiaftic 
procefles,  where  the  fame  are  not  raifed  at  the  inftance  of  a  party 
complaining  formally,  but  the  party,  if  ched  by  order  of  the  judicature, 
is  to  anfwer  the  judicature  in  \\  hat  is  laid  to  his  charge  :  yet  fo,  that 
if  the  party  cited  be  found  innocent  and  acquitted,  thofe  who  inform- 
ed the  judicature,  whether  the  party  require  it  or  not,  ought  to  be  no- 
ticed, for  either  their  calumny  or  imprudence,  as  the  judicature  fhall 
find  caufc. 

If  there  be  witnefles  to  be  made  ufe  of  in  the  procefs,  a  lift  of 
their  names  ought  to  be  given  to  the  defenders  fome  time  before,  or 
at  leaft  at  their  compearance,  and  the  witnefles  ought  to  be  timoufly 
cited  to  give  evidence  ;  and  if  they  refufe,  after  three  citations  given, 
and. executions  returned,  may  be  proceeded  with  as  contumacious,  or 
if  judged  needful,  after  the  firft  or  fecond  citation,  application  may 
be  made  to  the  civil  magiitrate,  that  he  may  oblige  them  to  appear. 
Before  the  witnefles  be  judicially  examined,  the  accufed  perfon  is 
to  be  called,  and  the  relevancy  of  the  libel  difcufled,  and  if' the  de- 
fender compear,  he  may  object:  againff.  any  of  them,  and  if  the  ob- 
jection be  relevant,  and  made  evident  to  the  judicature,  the  witnefles 
are  to  be  caff,  but  a  perfon's  being  the  delator  or  informer,  doth  not 
hinder  him  to  be  a  witnefs,  except  in  the  cafe  where  he  formerly 
complained  for  his  own  intcreil:,  or  of  pregnant  prefumprions  of  ma- 
lice againfi:  the  perfon  accufed. 

Though  there  be  no  relevant  objection,  yet  the  witnefles  are  fo- 
lemnly  to  be  purged  of  malice,  bribe  or  good  deed  done  or  to  be 
done,  *nd  of  partial  council. 

The  witnefles  are  to  be  examined  in  prefence  of  the  accufed  party, 
jf  compearing,  and  he  may  defire  the  moderator  to  propofe  fuch  que- 
flions  or  crofs  queftions  to  the  witnefles,  as  may  tend  to  his  excul- 
pation, which  if  the  judicature  think  pertinent  are  to  be  propofed;  but 
no  accufed  perfon  is  to  interrupt  the  witnefles,  or  fpeak  during  the 
time  of  depolition. 

If 


Church.  Judicatures.  247 

If  the  party  accufed  do  before  probation  offer  grounds  of  exculpa- 
tion to  be  proven  by  witnefles,  the  moderator  and  clerk,  if  required, 
are  to  give  warrant  to  cite  the  witnefles  upon  the  party's  charges,  the 
relevancy  of  the  offered  exculpation  being  firfr.  confidered  and  Curtain- 
ed by  the  judicature,  and  if  the  exculpation  be  fully  proven  as  to 
the  fubftance  of  the  fcandal,  all  further  proof  of  the  libel  and  accu- 
fation  muft  there  fift,  and  the  defender  is  to  be  aflbilzied,  and  if  the 
libel  be  fpecial  as  to  the  time  and  place  of  a  facf,  and  the  accufed 
more  pregnantly  alledge  and  clearly  prove  alibi,  but  if  the  fubftance 
of  the  fcandal  be  once  fuftained  and  deponed  upon,  there  can  be  no 
place  for  exculpation,  unlefs  it  be  as  to  fome  extenuating  or  alevia- 
ting  circum fiances  not  contrary  to,  but  confident  with  the  depofitions 
already  taken. 

If  the  witnefles  cannot  fubfcribe  their  names  to  their  depofitions, 
the  clerk  is  to  mark  that  they  declare  they  cannot  write,  and  the  mo- 
derator is  to  fubfcribe  the  fame,   whether  they  can  fubfcribe  or  not. 

After  the  depofitions  are  ended,  the  parties  being  removed,  the 
members  of  the  judicature  at  the  fame  or  fome  after  diet  thereto  ap- 
pointed, are  to  advife  the  caufe,  and  there  and  then  to  reafon  the  af- 
fair calmly,  fpeaking  always  to  the  moderator  one  after  another, 
without  interrupting  one  another,  uflng  no  reflecting  language  to,  or 
of  one  another,  nor  too  long  harangues  or  digreffions. 

If  any  perfon  or  perfons  under  procefs  for  fcandal  abfcond, 
they  fhall,  after  being  called  before  the  judicature  and  not  compear- 
ing, be  cited  f  rft  from  the  pulpit  of  the  parifli  where  the  procefs  de- 
pends and  where  they  refide,  and  if  they  do  not  thereupon  appear 
before  the  judicature  before  whom  the  procefs  depends,  they  are  by 
order  of  the  prefbytery  to  be  cited  from  the  pulpits  of  all  the  kirks 
within  their  bounds  to  compear  before  the  prefbytery  ;  and  if  they 
do  not  then  compear,  they  are  to  be  declared  fugitive  from  the  church 
difcipline,  and  the  fame  intimate  in  all  the  kirks  within,  the  bounds  of 
the  prefbytery,  defiring,  that  if  any  knows  of  the  faid  fugitives,  they 
may  acquaint  the  minifter  or  elder  of  the  bounds  thereof,  and  the 
prefbytery  are  to  fift  there  until  they  get  further  notice  of  thefe  per- 
fons. 


CHAP. 


248  Form     of     Process     in 


CHAP.     III. 

Concerning  Swearers,   Curfers,  Pro/oners  of  the  Lord9 s  Day, 
Drunkards,   and  other  Scandals  of  that  nature. 

I T  may  fall  out  that  one  (ingle  aft  of  drunkennefs  or  breach  of  the 
■*-  Lord's  day,  difobedience  to  parents,  or  of  (wearing,  curling, 
fcolding,  fighting,  lying,  cheating  or  dealing,  may  be  clothed  with 
fuch  circumftances  as  may  be  a  jaft  ground  of  procefs  immediately, 
and  even  bring  the  perfons  guilty  under  ihe  cenfure  of  the  leifcr  ex- 
communication, and  fufpenfion  from  the  benefit  of  the  fealing  ordi- 
nances, and  require  their  appearance  in  prefence  of  the  congregation 
to  be  rebuked,  before  relaxation  ;  but  the  weight  of  this  is  duely  to 
be  pondered,  and  church  judicatures  and  members  thereof  are  to 
confider,  whether  private  admonition  of  the  perfons  alledged  and 
found  guilty  of  the  above  fcandals,  if  not  cloathed  with  fuch  cir- 
cumltances  of  bringing  them  to  the  public,  will  tend  moft  to  edifi- 
cation,  and  proceed  accordingly. 

But  ordinarily  in  all  fuch  offences,  the  guilty,  for  the  firft  fault, 
won'd  be  fpoken  to  in  private  by  the  minifter  or  an  elder,  and  ad~ 
monifhed,  and  on  promife  from  a  fenfe  of  guilt  to  amend,  they  may 
fift  there. 

But  if  the  perfon  rekpfe,  he  fhould  be  "called  before  the  feflion, 
and  if  found  guilty,  may  be  there  judicially  rebuked,  -where  the  fef- 
fion  on  promife,  from  a  due  fenfe  of  (in,  to  amend,  may  again  fift. 

But  it  the  perfon  amend  not  after  that,  the  fefnon  fhould  orderly 
proceed,  unlets  repentance  appear,  and  due  fatisfaclion  be  offered,  till 
they  inflict  the  cenfure  of  the  lefTer  excommunication,  and  fufpenfion 
from  the  benefit  of  the  fealing  ordinances,  under  which  the  cenfured 
are  to  lie  till  amendment  and  reformation. 

With  refpect  to  fcandals,  the  groflhefs  whereof  makes  it  neceflary 
10  bring  the  perfons  guilty  ofrener  than  once  before  the  congregation, 
the  rules  prescribed  by  the  fourth  aet  of  the  general  ailembly,  anno 
1 703,  are  to  be  followed. 

If  the  guilty  perfons  continue  in  this  cond'tion,  or  lie  under  the 
cenfure  of  the  lefler  excommunication  a  confiderable  time,  and  yet  be 
found  frequently  relapfing  in  thefe  vices  they  are  cenfured  for,  it  may 
be  conftrucled  fuch  a  degree  of  contumacy,  and  Co  aggravate  the  crime, 
as  to  found  a  procefs  ot  the  cenfure  of  the  higher  excommunication, 
which  is  to  be  inflicted,  or  nor,  as  may  tend  mod  to  the  reclaiming  of 
the  euiky  perfon,  and  edification  of  the  church. 

CHAR 


Church    Judicatures.  249 


CHAP.    IV. 

Concerning  the  Sin  of  Fornication,    Adulter)1,  and  fcandalons 
Carriage  tending  thereto. 

IN  delations  about  the  fin  of  uncleannefs,  it  falls  frequently  out, 
that  when  the  matter  is  put  to  the  flricteft  trial,  all  that  can  be 
proven  is  but  preemptions  of  guilt  or  fcandalous  behaviour,  and  not 
the  act  of  uncleannefs,  the  fame  being  a  work  of  darknefs ;  and 
therefore  this  fhould  oblige  the  kirk  feflion  to  be  very  cautious  how 
to  admit  the  public  entering  a  procefs  without  good  warrant,  where 
there  is  not  a  child  in  the  cafe,  unlefs  the  fcandal  be  very  flagrant. 

Many  of  thefe  actions  which  give  occafion  to  the  raifing  a  Icandal 
of  uncleannefs,  are  fuch  as  are  notthemfelves  aione  publicly  cenfur- 
able,  but  to  be  pad  by  with  a  private  rebuke  of  admonition. 

Yet  fome  of  thefe  actions  which  come  under  the  name  of  fcandal- 
ous behaviour,  may  be  fo  lafcivious  and  obfcene,  and  clothed  with 
fuch  circumflances,  as  may  be  as  offenfive  as  the  act  of  uncleannefs 
itfeif,  and  as  cenfurable. 

If  a  married  woman  whofe  hufband  hath  been  notourly  abfent  for 
a  confiderable  time,  beyond  the  ordinary  time  that  women  ufe  to  go 
with  child,  be  found  with  child,  this  alfo  may  give  ground  to  a  kirk 
feflion  for  a  procefs  againft  her;  but  in  this  cafe  judicatures  would 
be  prudent  in  confidering  well  all  circumftances,  and  whether  or  not 
the  perfon  hath  been  always  of  entire  fame  before,  as  alfo  how  the 
public  fame  now  runs. 

AVhen  an  unmarried  woman  is  known  to  be  with  child,  the  fame 
gives  ground  to  a  kirk  feiTion  for  a  procefs  againft  her,  and  after  fhe 
is  cited  before  the  feflion  and  appeareth,  fhe  is  to  be  interrogate  who 
is  the  father  of  that  child,  and  though  in  no  other  cafes  the  divulging 
of  a  fecret  may  be  very  imprudent,  and  indeed  the  railing  of  a  fcandal, 
yet  in  this  cafe  where  there  is  a  child,  whereby  there  is  an  undeniable 
fcandal,  and  the  keeping  fecret  of  the  father  a  ground  of  greater  of- 
fence, and  of  fufpecting  many  innocent  perfons,  if  fhe  difcover  not 
J  he"  father,  fhe  is  to  be  looked  upon  as  contumacious. 

Prudence  may  fometimes  require  that  the  perfon  fhe  nameth  to  be 
the  father  of  the  child,  be  informed  thereof,  and  fpoke  to  privately, 
and  if  he  deny  the  fame,  he  is  ferioully  to  be  dealt  with  to  confefs, 
but  if  he  dill  deny,  then  the  felhon  is  to  caufe  cite  him  to  appear  be- 
fore them. 

In  this  procefs  when  the  delated  father  compeareth,  he  is  to  be  in^ 

K  k  terrogate 


250  Form     of     Process     in 

lerrogate,  and  if  he  deny,  he  is  to  be  confronted  with  the  woman,  and 
the  prefumptions,  as  particularly  held  forth  as  poffible,  and  all  along 
there  fhould  be  private  treating  with  him,  in  all  meeknefs,  chanty,  and 
ferioufnefs,  and  if  after  all  this  he  rjeny,  though  the  woman's  refti- 
mony  can  be  no  fufficient  evidence  againfl  him,  yet  pregnant  prefump- 
tions, Rich  as  fufpicious  frequenting  her  company,  or  being  fa/us  cum 
fola  in  loco  fufpefto ,  or  in  fufpccl  poftures,  and  fuch  like  which  he  can- 
not difprove  to  the  fatisfaction  of  the  feflion,  may  fo  lay  the  guilt  u- 
pon  him,  as  flicw  him,  that  there  appears  no  other  way  of  removing 
the  fcsndal,  but  his  appearance  to  be  publicly  rebuked  therefor;  if 
he  will  not  fubrnit  himfclf  to  be  rebuked  as  above,  it  perhaps  may  he 
more  for  edification  that  a  true  narrative  of  the  cafe  be  laid  before  the 
congregation,  and  intimation  given,  that  there  can  be  no  further  proce- 
dure in  that  matter,  till  God  in  his  Providence  give  further  light,  to 
nit  there  at  the  time,  than  that  an  oath  be  prefied,  and  upon  refufal 
proceed  to  the  higher  excommunication;  but  if  the  perfon  accufed  do 
effer  his  oath  o\  purgation,  and  crave  the  privilege  thereof,  the  pref- 
bytery  may  (if  they  fhall  judge  it  for  edification  and  removing  of  the 
fcandalj  allow  the  fame;  which  may  be  to  this  purpofe.  "  1  A.  B. 
now  under  procefs  before  preftfytery  of  for  that  (in  of  ailed- 
ged  to  be  committed  by  me  with  C.  D,  and  lying  under  that  grievous 
{lander,  bemg  repute  as  one  guilty  of  that  fin;  I,  for  ending  of  the 
laid  prccefs,  and  giving  fatisfaction  to  all  good  people,  do  declare  be- 
fore God  and  this  that  J  am  innocent  and  free  of  the  fatd  fin  of 
or  having  carnal  knowledge  of  the  find  C  D.  and  hereby  call 
the  great  God,  the  judge  and  avenger  of  all  falfehood,  to  be  witnefs 
and  judge  agamft  me  in  this  matter  if  I  be  guilty  :  and  this  1  do,  by 
raking  his  blcded  name  in  my  mouth,  and  iVs-earing  6y  him,  who  is 
the  great  judge,  runifner,  and  avenger  as  faid  is,  and  that  in  the  fin- 
cerity  of  my  heart,  according  to  the  truth  of  the  matter  and  mine  own 
confidence,  as  I  ilia  11  anfvver  to  God  in  the  lail  and  great  day,  when 
1  fhall  (land  before  him  to  anfwer  for  ail  that  I  do  in  the  fleih,  and  as 
I  would  partake  of  his  glory  in  heaven  after  this  life  is  at  an  end." 

In  taking  this  oath  for  purgation,  all  tendernefs  and  caution  is  to  be 
nfed,  nor  is  the  feiTion  to  prefs  any  man  thereto,  but  they  are  to  deal 
with  him  and  his  confidence,  as  in  the  fight  of  God,  and  if  he  offer 
to  give  his  oath,  the  judicature  are  to  accept  it  or  not  as  they  fhall  fee 
caufe,  and  then  to  proceed  to  remove  the  fcandal,  with  the  advice  of 
the  prefbytery,  as  may  be  maft  to  edification  ;  but  this  oath  is  not  to 
be  taken  inany  cafe  but  this,  when  the  prefumptions  are  fo  great,  that 
they  create  fuch  jeaioufy  in  that  congregation  and  teflion,  that  nothing 
\yili  remove  the  fufipicion-but  f.he  rnun's  oath  of  purgation,  and  when 

his 


Church     Judicatures,  251 

his  oath  will  probably  remove  the  fcandal  and  fufpicion,  in  all  other 
cafes  this  oath  is  in  vain,  and  To  fhould  not  be  admitted,  and  never  but 
by  advice  of  the  prefbytery. 

This  oath  for  purgation  is  to  be  taken  either  before  the  kirk-fefuon 
ar  prefbytery,  or  the  congregations,  as  the  prefbytery  fhail  determine, 
and  if  the  oath  be  taken  before  the  feffion  or  prefbytery,  it  is  to  be  in- 
timate to  the  congregation,  that  fuch  a  perfon  hath  taken  fuch  an  oath> 
and  the  party  may  be  obliged  to  be  prelent  in  the  congregation,  and 
may  be  put  publicly  to  own  his  purging  himfelf  by  oath,  and  fo  be 
declared  free  from  the  alledged  fcandal. 

After  an  end  is  made  as  above  with  the  delated  father,  the  woman 
is  to  be  dealt  with  to  give  the  true  father,  and  if  after  all  ferious  deal- 
ing and  due  diligence  fhe  give  no  other,  file  is  to  be  cenfured  accord- 
ing to  the  quality  of  the  offence  confeffed  by  her,  without  naming  the 
perfon  delated  by  her,  the  judicature  refcrving  place  tor  further  cen- 
fure  upon  further  di (cover y. 

*  If  the  woman  who  hath  brought  forth  the  child,  doth  declare  fhe 
knoweth  not  the  father,  alledging  fhe  was  forced,  as  in  the  fields  by 
a  perfon  unknown,  or  any  the  like  reafon;  in  thefe  cafes  great  pru- 
dence is  to  be  ufed,  the  former  behaviour  of  the  woman  exnOly  fearch- 
cd  into,  and  fhe  ferioufly  dealt  with  to  be  ingenuous,  and  if  fhe  hath 
been  of  entire  fame,  fhe  mav  be  put  to  it  to  declare  the  truth  as  if  fhe 
were  upon  oath,  but  not  without  the  advice  of  the  prefbytery,  and  no 
formal  oath  fhould  be  taken,  and  if  the  woman  confefs  fhe  was  not 
forced,  but  doth  not  know  the  man,  whether  married  or  unmarried, 
the  fame  cenfure  is  to  be  inflicted  upon  her,  as  in  the  cafe  of  adultery. 

If  a  perfon  doth  voluntarily  confefs  uncleannefs,  and  if  there  be  no 
child,  and  the  cafe  be  brought  to  the  kirk-fem*on,  the  feilion  is  to  in- 
quire what  preemptions  there  are  of  the  truth  of  the  thing  confeilcd, 
or  what  may  have  moved  the  perfon  to  make  that  confcflicn,  whether  it 
floweth  from  difquietudeof  mind,  or  from  finiflrous  defign,  as  when  a 
man  filing  to  a  woman  for  marriage  is  denied*,  and  for  revenge,  or  for  to 
obtain  his  defire,  fpreads  the  report  that  he  hath  been  guilty  with  her, 
they  are  to  be  dealt  with  according  as  the  preemptions  upon  fearch 
are  found  or  not. 

If"  it  be  found  that  there  is  no  ground  for  the  confeffion,  and  that 
it  is  falfe,  the  perfon  confeffing  is  to  be  cenfured  as  dchrrAng  himfelf, 
and  likewife  as  a  flanderer  of  the  other  party  •,  and  with  all,  applica- 
tion is  to  be  made  by  the  feffion  to  the  civil  magiftrate,  that  he  may 
be  punifned  according  to  law. 

If  there  be  need  of  witnefles,  the  directions  formerly  mentioned 
(chap.  2.)  are  to  be  followed. 

Kk-2  When 


252  Form     of     Process     in 

When  perfons  guilty  of  uncleannefs  live  one  in  one  parifh,  and  a- 
nother  in  another  parifh,  the  procefs  againft  them,  and  cenfures  are 
to  be  before  the  feftion  of  the  pariih  where  the  woman  liveth,  or  where 
the  fcandal  is  rnofr  notour. 

If  a  fcandal  of  uncleannefs  be  committed  where  neither  parties  re- 
fide,  as  if  perfons  having  their  fixed  refidence  in  one  parifh  do  com- 
mit uncleannefs  in  another  parifh,  or  perhaps  in  the  fields,  or  in  the 
time  of  fairs  or  markets ;  in  thefe  cafes,  they  are  to  be  procefled  and 
cenfured  where  their  ordinary  abode  is,  except  the  place  of  their  abode 
be  at  a  conGderablediftancefrom  the  place  where  the  fin  was  commit- 
ted, and  the  fcandal  be  mofl  flagrant  where  it  was  committed. 

When  there  is  a  fcandal  of  uncleannefs  whereof  perfons  are  guilty 
living  jn  di£erent  parifhes.  the  fefTion  where  the  fin  was  committed  is 
to  acquaint  the  other  fefTions  where  any  of  the  perfons  refide,  who 
are  ex  dcbito  to  caufe  fummon  thefe  perfons  to  appear  before  that  fef- 
fion  where  the  fcandal  is  to  be  tried. 

When  a  perfon  is  convict  of  fcandal  by  a  fefTion  of  another  congre- 
gation than  his  own,  and  the  cenfure  of  the  lefler  excommunication  is 
inflicted,  the  feflion  is  to  fend  an  account  thereof  to  that  feffion  to 
which  he  belongs,  but  there  is  no  need  of  any  other  fentence  of  his 
own  feffion,  to  fix  the  cenfure  on  him,  but  only  a  public  intimation 
thereof  to  be  made  in  his  own  parifh. 

When  a  perfon  is  cenfured  and  abfolved  from  his  fcandal  in  ano- 
ther congregation  than  where  he  lives,  he  is  to  bring  a  teflimonial  of 
his  abfolution,  which  is  to  be  intimate  to  the  congregation  he  lives  in, 
if  the  fcandal  be  alio  flagrant  there  5  otherwife  it  will  be  fufficient  to 
intimate  the  fame  to  the  fefiion,  and  the  fame  is  to  be  done  in  the  cafe 
of  the  profeffion  of  repentance,  where  there  has  been  a  fentence  of 
the  lefler  excommunication. 

CHAP.    V. 

Concerning  appeals  from  a  Kirk- feffion  to  a  Presbytery,  &c. 

A  LL  perfons  who  judge  themfelves  lefed  by  the  procedure  or 
f\  fentence  of  a  kirk-fcflion  may  appeal  to  the  presbytery,  by  de- 
claring and  proteftihg  at  paffing  of  the  fentence,  and  fhould  there- 
upon according  to  the  eight  act.  of  the  general  adembly  1694,  give  in 
the  appeal  with  the  reafons  thereof  in  writ,  to  the  moderator  or  clerk 
cf  the  feilion,  within  the  fpace  of  ten  days  after  the  time  of  appeal- 
ing, and  procure  extracts  thereof,  and  prefent  the  fame  to 'the  next 
meering  of  the  prefbytery  thereafter,  if  there  be  a  competent  time,  at 

leaft 


Church    Judicatures.  253 

Jeaft  ten  days  free  betwixt  the  time  of  appealing  and  the  meeting  of 
the  prefbytery  ;  and  fhould  then  infift  in  the  appeal,  wherein,  if  the 
appellant  fail,  the  appeal  iffofaflo  falls  and  becomes  null,  and  the 
appellant  is  to  be  held  as  contumacious,  andproceeded  againft  accord- 
ingly by  the  kirk-feffion. 

When  an  appeal  is  brought  from  a  kirk  feflion  to  a  presbytery, 
the  prefbytery  is  to  confider,  whether  the  caufe  is  of  that  nature,  as  it 
behoveth  at  length  to  come  to  the  prefbytery  by  the  courfe  of  difci- 
pline,  before  the  final  determination  thereof,  as  if  it  be  in  a  procefs  of 
allcdged  adultery,  or  fuch  like,  then  the  prefbytery,  to  fave  themfelves 
time,  may  fall  upon  the  confideration  of  the  affair  without  infilling 
mu^h  upon  the  bene  or  male  affellatum,  though  it  feem  to  be  prepo- 
ftertwfly  appealed. 

But  if  the  caufe  be  fuch  as  the,  kirk  feflion  are  the  competent  and 
proper  judges  of,  even  to  its  ultimate  decifion,  and  if  there  hath  been 
ro  caufe  given  by  the  kirk  feflion,  by  their  breaking  the  rules  of  an 
orderly  procefs,  either  by  the  courfe  of  the  procefs,  or  by  the  incom- 
petency of  the  cenfure,  the  presbytery  is  not  to  fuflain  the  appeal. 

If  the  presbytery  do  not  fuftain  the  appeal,  and  find  ihere  hath  been 
fome  fault,  paffion,  or  culpable  miflake  in  the  appellant,  the  presby- 
tery is  to  inflict  fome  cenfure,  fuch  as  a  reproof  before  the  presbytery, 
or  appoint  an  acknowledging  of  their  precipitancy  before  their  own  fef- 
fion  or  fuch  like,  on  thefe  appealers  they  find  to  have  been  malicious 
and  litigious,  thereby  to  prevent  unneceflary  appeals,  and  that  befldes 
remitting  back  to  the  feflion,  to  Hand  either  to  the  cenfure  of  the 
feflion,  if  it  be  inflicted  already,  or  to  lift  themfelves  during  the 
procefs,  if  it  be  depending. 

If  the  appeal  be  fuftained,  and  yet  upon  proceeding  on  the  caufe  the 
presbytery  find  the  appellant  cenfurable,  it  is  always  to  be  minded, 
that  whatever  cenfure  be  inflicted  to  remove  the  offence  he  hath  given 
to  the  presbytery,  yet  the  appellant,  if  found  guilty,  is  to  undergo  a 
cenfure,  either  before  the  kirk  feflion  or  congregation  he  belongs  to, 
fuch  as  the  presbytery  thinks  he  deferves,  elfe  presbyteries  will  be  al- 
ways troubled  with  appeals. 

If,  on  the  other  hand,  on  trial  of  the  procefs,  the  presbytery  find 
the  kirk  fefhon  hath  unwarrantably  proceeded,  either  in  contributing 
to  the  railing  of  a  fcandal,  or  inflicting  the  cenfure  without  a  fuffici- 
ent  caufe,  and  thereby  the  appellant  lefed  ;  the  presbytery  is  not  on- 
ly to  aflbilzie  the  appellant,  but  to  take  fuch  ways  as  may  be  proper 
and  effectual  to  vindicate  the  appellant's  innccency,  and  wipe  off  the 
fcandal  taken  at  him. 

Herein  the  presbytery  is  to  exercife  great  prudence,  doing  juftice 

to 


2  54  Form     of     Process     in 

to  the  innocent,  yet  fo,  as  not  to  weaken  the  kirk  fefficn's  authority 
in  that  congregation,  if  in  juftice  it  can  be  avoided. 

but  fuch  an  emergent  may  vt.ry  Well  occafion  *he  presbytery's  gi- 
ving the  minifter  and  eiders  of  that  feffion  fuitable  injunctions  and  rules 
to  walk  by,  or  private  admonitions,  or  to  call  for  a  vifitation  of  their 
feffion  regifter. 

7  he  fame  method  is  to  be  followed  in  appeals  from  presbyteries  to 
fynods,  and  from  fynods  to  general  aflemblies. 

An  appeal  being  made  by  parties,  ihould  fift.  the  execution  of  the 
fentence  appealed  from,  only  while  the  appeal  isduely  and  diligently 
profecute,  and  may  thereby  be  determined,  otherwife  not,  unlefsthe 
judicature  appealed  to  receive  the  appeal,  and  rake  the  affair  before 
them,  and  in  that  cafe  the  judicature  appealed  from  is  to  fill  until 
the  appeal  be  di  feu  (Ted. 

CHAP.     VI. 

Concerning  Proceffes,    kul  :ch  natively  begin  at  the  Kirk-Je(fionf 

but  are  net  to  be  brought  to  a  final  Determination  by  them. 

r  I  ^Hsre  are  fome  precedes,  which  natively  begin  at  the  kirk  Cef- 
-■-  (ion,  which,  for  the  atrocity  of  the  fcandal,  or  difficulty  in 
the  affair,  or  general  concern,  the  feffion  having  the  opportunity  of 
frequent  meetings  of  the  prefbytery  to  have  recourfe  there  unto,  do 
not  determine  of  themfelves,  fuch  as  fcandals  ofinceft,  adultery, 
trilapfes  in  fornication,  murder,  athiefm,  adultery,  witchcraft, 
charming,  and  herefy  and  error,  vented  and  made  public  by  any 
in  the  congregation,  fchifm  and  feparation  from  the  public  ordi- 
nances, procefles  in  order  to  the  higheff.  cenfures  of  the  church,  and 
continued  contumacy;  but  the  kirk  feffion  having  received  infor- 
mation of  fuch  grois  fcandals,  they  are  to  weigh  the  fame  according 
to  the  rules  and  directions  prefcribed  them  in  procefles,  which  belong 
to  their  peculiar  province,  and  if  they  find  good  ground  for  a  pro- 
cefs,  they  are  to  deal  with  the  perfon  accufed  to  confefs,  that  which 
now  cannot  be  hid  nor  amended,  till  fitisfadlicn  be  made  to  the 
church,  which  when  done,  the  feffion  is  to  refer  the  cafe,  and  fend 
an  extract  of  their  procedure  thereanent  to  the  prefbytery. 

When  there  is  no  confeffion  of  the  fcandals  above  mentioned,  the 
feffion  are  not  to  proceed  to  lead  probation  by  witneffes  or  preemp- 
tions, till  an  account  of  the  matter  be  brought  by  reference  to  the 
prefbytery  as  aforefaid,  and  the  prefbytery  do  thereupon  appoint  the 
feffion  to  proceed  and  lead  probation  ;  and  after  probation  is  \edf  the 
kimc  is  to  be  brought  to  the  prefbytery,  who  may  inflict  what  cen- 
fure  they  fee  caufe, 

Sometimes   . 


Church     Judicatures.  255 

Sometimes  it  will  fall  out  that  the  procefs  is  Co  clear,  as  in  a  cafe 
of  judicial  confeftion,  that  the  kirk  fefTion  may  fummon  the  delin- 
quent when  before  them  afud  atla,  to  compear  before  the  prefby- 
tery,  without  previous  acquainting  them  thereof,  but  where  there  is 
any  difficulty,  the  kirk  fefTion  fhould  inform  the  prefbytery,  and  take 
their  advice,  before  a  party  be  fummoned  before  them. 

When  the  party  or  parties  compear  before  the  prefbytery,  if  they 
confefs  and  profefs  repentance  for  their  fin,  then  the  presbytery  ha- 
ving gravely  rebuked,  and  ferioufly  exhorted  the  party  or  parties, 
are  to  determine  the  cenfure,  and  prescribe  the  time  and  place  of 
the  parties,  their  profeffion  of  their  repentance  publicly  in  the  church 
of  that  congregation  where  the  procefs  began,  the  fcandal  being  there 
to  be  taken  away,  or  remit  them  to  the  fefTion,  to  (land  either  to  the 
cenfure  of  the  fefTion,  to  receive  orders  thereanent. 

It  is  thought  more  fit  that  the  delinquents  be  appointed  to  remove 
the  fcandal  in  the  congregation,  where  the  offence  is  raoft  flagrant, 
efpecially  if  they  refide  there,  rather  than  in  the  place  where  it  was 
committeJ,  if  it  be  not  public  there,  and  that  intimation  of  there- 
moving  thereof  be  made  in  other  places,  if  the  judicature  fliall  find 
it  needful. 

When  perfons  cenfared  for  thefe  grofTer  fcandals  do  apply  to  the 
kirk  fefTion  for  relaxation,  they  may  both  be  privately  conferred 
with,  and  likewife  their  acknowledgements  heard  before  the  feflion, 
but  they  ought  not  to  be  brought  before  the  congregation,  ill  order 
to  their  abfolution,  nor  abfobed,  but  by  advice  and  order  of  the 
prefbytery. 

CHAP.    VII. 

Concerning  Procefles  again  ft  Minifter  s. 

ALL  precedes  agaiafl  any  minifter,  are  to  begin  before  the  pref- 
bytery to  which  he  belongeih,  and  not  before  the  kirk  fefTion 
of  his  own  parifh. 

The  credit  and  fuccefs  of  the  gofpel  (in  the  way  of  an  ordinary 
mean)  much  depending  on  the  entire  credit  and  reputation  of  mini* 
iters,  their  found  doctrine  and  holy  converfation,  no  Itain  thereof 
ought  lightly  to  be  received,  nor  when  it  comes  before  a  judicature 
ought  to  be  negligently  inquired  into,  or  when  found  evident,  ought 
to  be  flightly  cenfurcd. 

And  becaufe  a  fcandal  committed  by  a  minifter  hath  on  ihefe  ac- 
counts many  aggravations,  and  once  raifed,  though  it  may  be  found 

to 


2f6  Form     of     Process     in 

to  be  without  any  ground,  yet  it  is  not  eafily  wipt  off;  therefore  a  pref- 
bytery  would  exactly  ponder  by  whofe  information  and  complaint  it 
comes  full  before  them,  and  a  pre/by tery  is  not  fo  far  to  receive  the 
information,  as  to  proceed  to  the  citation  of  a  minifter,  or  any  way 
begin  the  procefs,  until  there  be  flrft  fome  perfon,  who  under  his  hand 
gives  in  the  complaint  with  fome  account  of  its  probability,  and  under- 
takes to  make  outthe  Jibel.  ido.  Or  at  leaftdo,  before  the  presbytery, 
undertake  to  make  it  out  under  the  pain  cf  being  cenfured  as  flander- 
crs.  Or,  pio,  That  the  fama  clamcfi  of  the  fcandal  be  [6  great,  as 
that  the  presbytery  for  their  own  vindication  fee  themfelves  neceftitate 
to  begin  the  procefs,  without  any  particular  accufer:  but  the  presby- 
tery in  this  cafe  would  be  careful,  firft,  to  inquire  into  the  rife,  occa- 
fion,  brochers,   and  ground >  of  this  fama  c/amvft. 

All  Chriftians  ought  to  be  fo  prudent  and  wary  in  accufing  mini- 
fter s  cf  any  cenfurable  fault,  as  that  they  ought  neither  to  publifn 
nor  fpread  the  fame,  nor  accufe  the  minifter  before  the  prefoytery, 
without  firft  acquainting  the  minifter  himfelf  if  they  can  have  accefs 
thereto,  and  then,  if  need  be,  fome  of  the  mod  prudent  of  the  mini- 
fiers  and  elders  of  that  prelbytery,  and  there  advice  got  in  the  affair. 

If  there  fhall  be  ground  found  to  enter  in  a  procefs  againft  a  mi- 
nifter, the  presbytery  fhould  firft  confider  the  libel,  then  order  him 
to  be  cited,  and  to  get  a  full  copy,  with  a  lift  of  the  witneftes  names 
to  be  led  for  proving  theroof,  and  a  formal  citation  in  writ  is  to  be 
made  either  perfonaily,  or  at  his  dwelling  houfe,  bearing  a  compe- 
tent time  allowed  to  give  in  anfwer  to  the  libel,  and  his  juft  defence 
and  objections  againft  wimehes,  at  leaft  ten  free  days  before  the  day 
of  compearance,  and  the  citation  fhould  bear  the  date  when  given, 
and  the  names  of  the  witneftes  to  the  giving  thereof;  and  the  execu- 
tion bearing  its  date,  with  the  names  and  defignations  of  the  witneftes 
fhould  be  made  in  writ,  and  figned  by  the  officer  and  witneftes  ; 
which  being  accordingly  returned,  he  is  to  be  called,  and  if  he  com- 
pear, the  libel  is  to  be  read  unto  him,  and  he  is  to  be  enquired  if 
he  has  anfwers  to  give  in  to  the  libel,  that  they  may  be  read  and  con- 
ftdered,  in  order  to  the  difcufling  of  the  relevancy,  and  if  the  pref- 
bytery  find  the  fame,  and  that  there  is  caufe  to  infill,  thtry  are  to  en- 
deavour to  bring  him  to  a  confeftlon,  whereby  he  may  moft  glorify 
God  ;  and  if  he  con fef?,  and  the  matter  confefled  be  of  a  fcandalous 
nature,  cenfurable  in  ethers,  fuch  as  the  fin  of  uncleannef ,  or  fome 
other  grofs  fcandal,  the  presbytery  (whatever  be  the  nature  of  his 
penitency,  though  to  the  conviction  of  all)  are  inftaater  to  depofe 
him  ab  officio,  and  to  appoint  him  in  due  time  to  appear  before  the 
congregation  where  the  fcandal  was  given,  and  in  his  own  parifti,  for 

removing 


Church    Judica  t  u  r  e  s.  257 

removing  the  offence,  by  the   public  profetfion  of  his  repentance. 

If  a  minifter  be  accufed  of  any  fcandal,  and  cited  to  appear  before 
his  own  prefbytcry,  and  do  abfent  himfelf  by  leaving  the  place,  and 
be  contumacious,  without  making  any  relevant  excufe,  after  a  new 
public  citation  and  intimation  made  at  his  own  church,  when  the  con- 
gregation is  met,  he  is  to  be  holden  as  confefled,  and  to  be  depofed 
and  cenfured  inflanter  with  the  lefler  excommunication  ;  but  if  after 
fome  time  he  do  not  return  and  fubject  himfelf  to  the  cenfure  of  the 
church,  he  may  be  proceeded  againft  till  he  be  cenfured  with  the 
^greater  excommunication,  if  the  judicature  fee  caufe  for  it. 

If  the  minifter  accufed  do  appear  and  deny  the  £i&  after  the  rele- 
vancy is  found,  the  presbytery  proceeding  to  probation,  and  to  find  the 
truth  of  the  matter,  all  the  circumftances  are  to  be  exaclly  canvaficd, 
and  the  accufed  heard  to  object  againft  the  witneftes.  As  alfo,  he 
fhould  be  allowed  to  be  prefent  at  the  examination,  and  modeftly  to 
crofs  interrogate,  and  then  the  reputation  of  the  witneftcs  and  their 
hability  duly  regarded,  and  the  examination  confidcred.  If  after  con- 
iideration  of  all  thefe,  the  judicature  fhall  hud  the  fcandal  fufficieritry 
proven,  they  are  to  proceed  to  cenfure,  as  advifed  in  the  cafe  of  con- 
fefnon.    See  preceding  page. 

If  the  matter  laid  to  the  minifter's  charge  be  fuch  practices  as  in 
their  own  nature  manifeftly  fubvert  that  order,  unity,  and  peace, 
which  Chrift  hath  eftablifned  in  his  church,  or  unfoundneis  and  he- 
terodoxy in  doctrine,  then  great  caution  fhould  be  ufed,  and  the  know.- 
ledge  and  underftanding  of  witnetles  much  looked  into  ;  and  withal, 
if  the  errors  be  not  grofs  and  ftriking  at  the  vitals  of  religion,  or  if 
they  be  not  pertinacioufty  ftuck  unto,  or  induftrioufly  fpread,  with 
a  vifible  defign  to  corrupt,  or  that  the  errors  are  not  fpreading  among 
the  people,  then  lenitives,  admonitions,  inftruc~tions,  and  frequent 
conferences  are  to  be  tried  to  reclaim  without  cutting  off)  and  the  ad- 
vice of  other  presbyteries  fought ;  and  unlefs  the  thing  be  doing 
much  hurt,  fb  as  it  admits  of  no  delay,  the  fynod  or  General  Af- 
fembly  may  be  advifed  with  in  the  affair,  and  the  fame  intimate  to 
the  minifter  concerned. 

If  the  libel  and  complaint  brought  againft  a  minifter  be  a  multi- 
tude of  final ler  things  laid  together,  as  feveral  acts  of  negligence,  qr 
other  infuitable  anions,  the  presbytery  in  proceeding  therein  are  to 
make  a  presbyterial  vifitation  of  that  parifh  to  which  the  minifter  be- 
longs ;  and  at  the  faid  vifitation,  are  firft  to  fee  if  any  of  thefe  tilings 
now  laid  to  the  minifter's  clvrge  were  committed  prior  to  the  la'ft 
presbyterial  vifitation  of  that  parifh,  and  whether  they  were  then  laid 

L   1  to 


258  Form     of     Process     in 

to  his  charge,  and  if  they  were  not,  it  fhould  be  tried  how  they  come 
to  be  hid  to  his  charge  now. 

If  the  presbytery  find  thefe  things  laid  to  his  charge  to  be  com- 
mitted (Ince  the  kit  vifitation,  or  find  a  fatisfying  reafon  wherefore 
they  v/ere  not  then  tabled,  they  are  to  inquire  what  diligence  hath 
been  ufed  in  acquainting  the  minifter  with  the  offence  taken  at  thefe 
things  when  flril  committed  by  him,  and  how  far  the  minifter  hath, 
been  guilty  of  giving  offence,  after  he  knew  offence  to  be  taken. 

It  fhould  likewife  in  this  cafe  be  enquired,  whether  any  of 
the  comphiners  did  flrfl  in  a  prudent  private  way  inform  any  of  the 
neighbour  miniiters,  of  fome  of  thefe  things  committed  by  their  mi- 
nifter, who  is  now  challenged,  before  thefe  offences  came  to  be  fo 
many,  as  to  merit  a  public  and  folemn  trial,  and  accordingly  the 
presbytery  is  to  judge. 

If  the  presbytery  £ nd  upen  trial,  the  complaint  to  refolve  upon 
the  miniiler's  having  committed  fuch  acts  of  infirmity  or  paffion,  as 
confidering  all  the  circumftances  may  be  either  amended  and  the 
people  ktisfed,  and  no  fuch  offence  taken,  or  at  leaif  not  to  remain, 
fo  as  to  hinder  the  miniiter's  profiting  the  people,  and  that  the  of- 
fence was  taken  by  the  mipifler's  own  people  only  or  mainly ;  then 
rhe  presbytery  is  to  take,  ail  prudent  ways  to  fatisfy  and  reclaim  both 
minifter  and  people,  and  do  away  the  offence. 

But  before  a  minifter  depofed  for  fcandalous  carriage  can 
be  reftcred  to  the  exercife  of  the  miniftry,  there  fhould  not  only  be 
convincing  evidences  ofva  deep  forrow  for  fin,  but  an  eminent  and 
cxamplary  humble  wal?:,  and  edifying  converfation,  fo  apparent  and 
convincing  as  hath  worn  out  and  healed  the  wound  the  fcandal  gave. 

Immediately  on  the  rninifier's  being  depofed  by  the  prefbytery, 
the  fentence  is  to  be  intimate  in  his  congregation,  the  church  deck- 
red  vacant,  the  planting  thereof  with  another  minifter  haftened,  and 
never  delayed  on  the  expectation  of  his  being  reponed,  it  being  al- 
inoft  impollible,  that  ever  he  can  prove  ufeful  in  that  parifli  again. 

CHAR    viii. 

Concerning  Troceffts  in  order  to  the  Cenfure  cf  the  greater  Ex-* 

communication . 

Since  there  is  a  diftinction  betwixt  the  greater  and  the  lefler  excom- 
munication, it  feems  that  whatever  have  been  the  caufes  of  the 
fifft  procefs,  yet  ordinarily  all  prpcefles  that  are  in  order  to  the  great- 
er c  a  communication  are  to  be  grounded  on  manifeft  contumacy,  or 
ohftLnate  continuance  in,  fcr^dalous  practices  3  and  where  mere  is  no 

manifeft 


Church     Judicatures.  259 

manifcft  contumacy,  or  continuance  as  afore FakI,  the  lefler  excom- 
munication needs  only  have  place.  Yet  in  fome  extroardinary  cafes 
the  church,  according  to  fcripture  warrant,  hath  fummarily  excommuni- 
cated perfons  guilty  of  notour  atrocious  fcandalous  (Ins,  to  fhew  the 
church's  abhorrence  of  fuch  vvickednefs. 

Even  where  there  hath  been  a  fcandal  delated,  and  contumacy  fol- 
lowing by  not  appearing,  it  would  be  confidered,  whether  any  fcan- 
dalous  practice  hath  been  proven  or  not ;  if  not  proven,  then  only 
the  fimple  contumacy  is  to  be  proceeded  againfr,  for  which  it  were 
hard,  to  go  a  greater  length  than  the  lefler  excommunication. 

If  the  fcandal  hath  been  proven,  and  the  cenfure  of  the  lefler  ex- 
communication intimated,  as  in  chapter  third,  it  feems  moft  reafonable 
that  there  be  no  farther  proceeding,  unlefs  the  fcandal  be  grofs,  or  of 
an  heinous  nature,  or  that  it  is  fpreading  and  infectious,  as  in  heretics 
or  fchifm  in  the  church,  in  which  cafes  contumacy  is  10  be  preced- 
ed againf  t  in  order  to  the  greater  excommunication. 

The  kirk  feffion  having  brought  the  procefs  to  an  intimation  of  the 
cenfure  of  the  lefler  excommunication,  oefore  they  inflict  the  fame, 
they  are  to  refer  the  affair  to  the  presbytery,  bringing  their  whole 
proceedings  before  the  presbytery  in  write,  that  the  presbytery  may 
thereby  have  a  clear  and  full  view  of  the  whole  affair. 

The  presbytery  finding  the  kirk  feflion  hath  orderly  proceeded, 
and  that  the  lefler  excommunication  is  not  fufficicnt,  and  that  the  af- 
fair is  fo  weighty  as  to  oblige  them  to  enter  on  the  pfocefs,  they  are 
to  caufe  their  officer  to  cite  the  fcandalous  perfbn. 

If  the  party  appear,  then  the  presbytery  is  to  proceed  in  the  in- 
quiry at  the  accufed,  about  the  fcandal  aiicdrcd  and  libelled,  and  if 
he  deny  it,  then  they  are  to  proceed  and  lead  probation  as  in  other 
cafes. 

But  if  the  party  appear  not,  but  contemn  the  citation,  the  prcfoy- 
tery  cauferh  renew  the  fame,  until  he  hath  got  three  citations,  and 
after  the  three  citations,  he  is  ;o  be  cited  out  of  the  puipi: :  and  for  the 
further  conviction  of  all  concerned,  intimation  is  ro  be  made:,  that  the 
judicature  will  proceed  and  inquire  into  the  prefumptions  cr  probation 
of  the  guilt,  and  this  is  to  be  done  although  the  delinquentT-e  abfent. 

Then  the  presbytery  is  to  order  the  minifter  of  the  congregation 
next  Sabbath  aner  forenoon's  fermon,  to  acquaint  ihc  congregation 
what  proceedings  the  kirk  feflion  frit,  an  I  thereafter  the  pfelbytery 
hath  made  in  the  affair,  and  how  contumacious  the  party  was,  ami  that 
the  preibytery  intended  to  proceed  to  tbehigheft  cenfure  ;  and  the  mi- 
nifter is  gravely  to  admonilh  :hc  party  (if  prefenr)  :o  repent  and  fib- 
ttiit  himielf  to  the  difcipline*  of  the  churcfej  threading  him,  if  ! :c  con* 

Liz  tinue 


i6o  Form     of     Process     in 

tinue  impenitent,  that  the  church  will  proceed,  yea,  though  he  be  ab- 
fent,  the  minifler  is  to  acquaint  the  people,  that  the  church  requires 
him  to  repent  and  fubmitas  above  faid,  under  the  fbrefaid  certification. 

There  fhould  be  three  public  admonitions,  and  a  presbytery  fliould 
intervene  betwixt  each  admonition;  and  if  after  all,  that  perfon  con- 
tinue impenitent  or  contumacious,  the  fame  is  to  be  reprefented  to 
the  presbytery,  who  are  thereupon  to  appoint  public  prayers  thrice  to 
be  made,  in  which  the  minifler  is  to  exhort  the  congregation  ferioufly 
to  join  with  him  in  prayer,  for  the  fcandalous,  impenitent  or  contu- 
m?cious  perfon,  which  he  is  folemnly  to  put  up  to  God,  humbly  beg- 
ging that  he  would  deal  with  the  foul  of  the  impenitent,  and  convince 
him  of  the  evil  of  his  ways. 

Thcfe  public  prayers  of  the  church  are  to  be  put  up  three  feveral 
Sabbath  days,  a  presbytery  (where  its  meeting  are  more  frequent,once 
a  month  at  leaf!)  intervening  betwixt  each  public  prayer,  both  to 
ffocvy  the  church's  tendernefs  towards  their  lapfed  brother,  their  ear- 
neftnefe  to  have  him  reclamed,  and  likewife  to  create  a  greater  regard 
rnd  terror  of  that  dreadful  cenfure,  both  in  the  party  and  in  all  the 
people. 

If  after  all,  the  fcandalous  perfon  makes  no  application,  but  con- 
tinue impenitent,  the  presbytery,  after  prayer,  is  to  pafs  fentence, 
and  appoint  a  minifler  to  intimate  the  fame,  and  to  fhew  the  presby- 
tery's refolution  to  proceed  upon  fuch  a  Sabbath  as  they  fhall  name, 
for  pronouncing  that  dreadful  fentence  folemnly  in  face  of  the  congre- 
gation, unlefs  cither  the  party,  or  fome  for  him,  fignify  fome  relevant 
ground  to  flop  their  procedure. 

That  day  being  come,  it  were  fit  the  minifler  did  preach  a  fermon 
fuited  to  that  folemn  occafion,  or  at  leafl  after  fermon  the  -minifler 
fhould  fhow  the  congregation  what  he  is  going  about,  introducing  the 
narrative  of  the  procefs,  with  a  difcourfe  concerning  the  nature,  ufe, 
and  end  of  church  cenfures,  particularly  that  of  the  greater  excom- 
munication, if  he  hath  not  done  it  fully  in  his  fermon. 

The  narrating  all  the  fleps  o£  the  procefs  in  order,  fhewing  the 
church's  faithfulnefs  and  tendernefs  towards  the  fcandalons  perfon, 
and  declaring  his  obfiinate  impenirency  ;  and  that  now/  after  all  other 
means  were  uied,  there  remained  only  that  of  cutting  off  the  fcandal- 
ous perfon  from  the  fociety  of  the  faithful,  and  intimating  the  church's 
warrant  and  order  to- him  fo  to  do. 

And  before  the  minifler  pronounce  the  fentence,  he  is  to  pray,  and 
defire  all  the  congregation  to  join  with  him  therein,  that  God  would 
grant  repentance  to  the  obftinate  por&n,  would  gracioufly  blefs  his 

own 


Church    Judicatures.  261 

own  ordinance,  and  make  the  cenfure  effectual,  both  to  edify  others, 
and  to  be  a  mean  to  reclaim  the  obftinate  (inner. 

Then  after  prayer,  the  minifter  is  with  great  gravity  and  authority 
to  pronounce  the  cenfure,  fhewing  his  warrant  from  our  Lord's  com- 
mand, and  the  apoille  Paul's  direction,  and  recapitulating  the  presby- 
tery's warrant  in  obedience  thereunto,  and  refuming  the  fcandalous 
and  obftinate  perfon's  behaviour,  whom  he  is  to  name ;  he  therefore, 
in  the  name  and  authority  of  our  Lord  and  Mafter  Jefus  Chrift,  doth, 
in  verbis  ie  fr&feiitu  pronounce  and  declare  him  or  her  excommuni- 
cated, and  /hut  out  from  the  communion  of  the  faithful,  debarring 
that  perfon  from  their  privileges ;  and  in  the  words  of  the  apoflle,  de- 
livering that  perfon  over  to  Satan ;  which  fentence  is  to  be  intimate  ac- 
cording to  the  9th  act  of  the  Affembly,  anno  1704. 

If  after  prayer,  or  before  the  cenfure  be  pronounced,  the  fcandal- 
ous perfon  do  make  any  public  (igniflcation  of  his  repentance,  and  of 
his  defire  to  have  the  cenfure  ftopt,  the  minifter,  upon  apparent  feri- 
oufnefs  in  the  fcandalous  perfon,  which  he  fneweth  to  the  congrega- 
tion, may  thereupon  delay  pronouncing  the  fentence,  till  he  report  to 
the  presbytery  at  their  next  meeting,  who  are  then  to  deal  with  the 
fcandalous  perfon  as  they  ihall  find  caufe. 

After  the  pronunciation  of  this  fentence,  the  people  are  to  be 
warned,  that  they  hold  that  perfon  to  be  cah1  out  of  the  communion  of 
the  church,  and  that  they  fhun  all  unnecedary  converfe  with  him  or 
her;  neverthelefs  excommunication  diilblved  not  the  bounds  of  civil  or 
natural  relations,  not  exempts  from  the  duties  belonging  to  them. 

Although  it  be  the  duty  of  padors  and  ruling  elders  to  ufe  all  dili- 
gence and  vigilance,  both  by  doctrine  and  difcipline  refpecYiveJy,  for 
preventing  and  purging  out  fnch  errors,  herefies,  fchifms,  and  fcandals, 
as  tend  to  the  detriment  and  difturbance  of  the  church;  yet  becaufeit 
may  fall  out  through  the  pride  and  ftubbornnefs  of  offenders,  that  thefe 
means  alone  will  not  be  effectual  to  that  purpofe,  it  is  therefore  ne- 
ceflary  after  all  this,  to  employ  the  aid  of  the  civil  magi/Irate,  who 
ought  to  ufe  his  coercive  power  for  the  fuppreffing  of  all  fuch  offen- 
ces, and  vindicating  the  difcipline  of  the  church  from  contempt. 

\       C  H  A  P.    IX. 

Concerning  the  Order  of  proceeding  to  Abfolution. 

IF  after  excommunication  the  figns  of  repentance  appear  in  the  ex- 
communicated perfon,  fuch  as  godly  forrow,  for  having  incurred 
God's  heavy  difpleafure  by  his  fin,  occafioned  grief  to  his  brethren, 

and 


26*2  Form     of     Process     in 

and  juftly  provoked  the  church  to  cafl  him  out  of  their  communion, 
together  with  a  full  purpofe  of  heart  to  turn  from  his  fin  unto  God 
through  Chrifl,  and  to  reform  his  life  and  converfation,  with  an  hum- 
ble defire  of  recovering  peace  with  God  and  his  people,  and  to  be  re- 
flored  to  the  favour  of  God  and  light  of  his  countenance,  through  the 
blood  of  Jefus  Chrifl,  and  to  the  communion  of  the  church,  and  the 
prefibytery,  upon  his  application  be  fatisfied  therewith,  and  judge  that 
he  ought  to  be  abfolved,  and  thereupon  give  warrant  for  his  abfolu- 
tion,  he  is  to  be  brought  before  the  congregation,  and  there  alfo  to 
make  free  confeilion  of  his  fin,'  and  forrow  for  it,  to  call  upon  God 
for  mercy  in  Chrifl:,  to  feek  to  be  rcflored  to  the  communion  of  the 
church,  promifing  to  God,  through  grace,  new  obedience,  and  more 
holy  and  circumfpett  walking  as  becomes  the  gofpel ;  and  that  this 
appearance  before  the  congregation  be  as  often  as  church  judicatures 
fhall  find  may  be  for  edification  and  trial  of  the  profcfling  penitent's 
fincerity  ;and  being  fatisfied  in  this,  then  the  miniflcr  and  congregation 
are  to  praife  God,  who  delighteth  not  in  the  death  of  a  (inner,  but  ra- 
ther that  he  fhould  repent  and  live ;  as  alfo  for  bleffing  the  ordinance 
of  excommunication,  and  making  it  effectual  by  his  Spirit  to  the  re- 
covering of  this  offender,  to  magnify  the  mercy  of  God  through  Jefus 
Chrifl,  in  pardoning  and  receiving  to  his  favour  the  moft  grievous  of- 
fenders, whenfoever  they  unfeignedly  repent  and  forfake  their  fins: 
But  before  the  miniflcr  proceed  to  abfolution,  he  is  to  pray  with  the 
congregation  to  this  effect :  "  That  the  Lord  Jefus  Chrift,  prophet, 
u  prieft,  and  king  of  his  church,  who,  with  the  preaching  of  the  gof- 
"  pel,  hath  joined  the  power  to  bind  and  loofe  the  fins  of  men:  who 
<c  hath  alfo  declared,  that  whatfoever  by  his  miniiters  is  bound  on 
"  earth  fhall  be  bound  in  heaven,  and  alfo  that  whatfoever  is  loof- 
"  cd  by  the  fame,  fhall  be  loofec!  and  abfolved  in  heaven,  would 
,*"  mercifully  accept  his  creature  N.  whom  Satan  of  long  time  hath 
"  holden  in  bondage,  fo  that  he  not  only  drew  him  to  iniquity,  but 
"  alfo  io  hardened  his  heart,  that  he  defpifed  all  admonitions;  for  the 
"  which  his  fin  and  contempt,  the  church  was  compelled  to  escom- 
if  municate  him  from  the  fociety  of  the  faithful  •,  but  now  feeing  the 
"  Holy  Spirit  by  his  grace  hath  fo  prevailed,  that  he  is  returned  and 
"  profefTeth  repentance  toward  God,  r«xl  faith  toward  our  Lord  Jefus 
"  Chrifl,  that  it  may  pleafe  God  by  his  fpirit  and  grace  to  make  him 
"  a  fincere  and  unfeigned  penitent,  and  for  the  obedience  of  our  Lord 
"  Jefus  Chrifl  unto  death,  fo  to  accept  of  this  poor  believing  and 
"  returning  finner,  that  his  former  difobedience  be  never  laid  to  his 
"  charge,  and  that  he  may  increafe  in  all  godlincfi,  fo  that  Satan  in 
"  the  end  may  be  trodden  under  foot  by  the  power  of  our  Lord  ]cfus 

«  Chrifl, 


Church     Judicatures.  263 

u  (Thrift,  and  God  may  be  glorified,  the  church  edified,  and  the  pe- 
"  nitent  faved  in  the  day  of  the  Lord." 

Then  ihall  follow  the  fentence  of  abfolution  in  thefe  or  the  like 
words  :  "  Whereas  thou  N  haft  for  thy  fin  been  ftiut  out  from  the 
"  communion  of  the  faithful,  and  haft  now  manifcfted  thy  repent- 
*'  ance,  wherein  the  church  refteth  fatisfied,  I,  in  the  name  of  the 
'*  Lord  Jefus,  before  this  congregation,  pronounce  and  declare  thee 
'  abfblved  from  the  fentence  of  excommunication  formerly  denoun- 
"  ced  againft  thee,  and  do  receive  thee  to  the  communion  of  the 
"  church,  and  the  free  ufe  of  all  the  ordinances  of  Chrift,  that  thou 
"  mayeft  be  partaker  of  all  his  benefits  to  thy  eternal  falvation." 

After  this  fentence  of  abfolution,  the  minifterfpeaketh  to  him  as  to 
a  brother,  exhorting  him  to  watch  and  pray,  and  comforting  him  as 
there  fhall  be  caufe  ;  the  elders  embrace,  and  the  whole  congregation 
holdeth  communion  with  him,  as  one  of  their  own :  and  the  abfolu- 
tion fhould  be  intimate  in  all  the  churches  where  the  excommunicati- 
on was  intimate. 


THE 


THE 

SECOND  BOOK  of  DISCIPLINE: 

O     R, 

HEADS    and   CONCLUSIONS   of  the  Policy 

of  the  KIRK. 

Agreed  upon  in  the  General  Ailembly  1578,  inferred  in  the  regi- 
iters  of  Aflembly  1581,  fworn  to  in  the  National  Covenant, 
revived  and  ratified  by  the  AfTembly  1648,  and  by  many  other 
acts  of  Aflembly:  And  according  to  which  the  Church-govern- 
ment is  eftablifhed  by  Law,  anno  15-92  and  1690. 


Chap.  L      Of  the  Kirk  and  Policie  thereof  in  genera!,  and  zvherein 
it  is  different  from  the  Civ  ill  Policie. 

TBE  kirk  of  God  fometimes  is  largely  taken  for  all  them  that 
profetfe  the  evangel  1  of  Jefus  Chriit,  and  fo  it  is  a  company  and 
fellowfhip  not  onely  of  the  godly,  but  alfo  of  hypocrites  pro- 
fefTing  alwayes  outwardly  the  true  religion. 

Other  times  it  is  taken  for  the  godly  and  elect  onely,  and  fome- 
times fcr  them  that  exercife  fpiritual  function  in  the  congregation  of 
them  that  profefle  the  truth. 

The  kirke  in  this  laft  fence  hath  a  certaine  power  granted  by  God, 
according  to  the  which  it  ufes  a  proper  jurifdicYion  and  government, 
exercifed,  to  the  comfort  of  the  whole  kirke. 

This  power  ecclef;afticall  is  an  authoritie  granted  by  God  the  Fa- 
ther, through  the  mediator  Jefus  Chrifr,  unto  his  kirke  gathered,  and 
having  the  ground  in  the  word  of  God  to  be  put  in  execution  by  them, 
unto  whom  the  fpiritual  government  of  the  kirk  by  lawfull  calling  is 
committed. 

The  policie  of  the  kirk  flowing  from  this  power,  is  an  order  or 
forme  of  fpirituall  government,  which  is  exercifed  by  the  members  ap- 
poynted  thereto  by  the  word  of  God :  and  therefore  is  given  immedi- 
ately to  the  office-bearers,  by  whom  it  is  exercifed  to  the  wcale  of  the 
whole  body. 

This  power  is  divcrfly  11  fed  :  for  fbmetime  it  is  feverally  exercif- 
ed, chiefly  by  the  teachers,  fometime  corjunctly  by  miHuall  confent 

of 


Thr     Second     Book,     &c.  265 

of  them  that  beare  the  office  and  charge,  after  the  forme  of  judge- 
ment. The  former  is  onely  called  fotsfias  ordinis,  and  the  Other  f&-\ 
titla  r  jurifdUlioms, 

.  Thefe  two  kinds  of  power  have  both  one  authority,  one  ground, 
one  final  1  caufe,  but  are  different  in  the  manner,  and  forme  of  exe- 
cution, as  is  evident  by  the  fpeaking  of  our  mafter  in  the  XVI  and 

This  power  and  pollicie  eccleftafticall,  is  different  and  diftinct  in  the 
own  nature  from  that  power  and  poiicie  which  is  called  civil!  power, 
and  appertained  to  the  civill  government  of  the  commonweal rh :  a!- 
biet  they  be  both  of  God,  and  tend  to  one  end,  if  they  be  rightly  u- 
fed,  viz.  to  advance  the  glor_y  of  God,  and  to  have  godly  and  good 
fubjects 

For  this  power  eccleuafticall  floweth  immediately  from  God,  and 
the  Mediator  Jefus  Chrift,  and  is  fpirituall,  not  having  a  temporal 
head  in  the  earth,  but  onely  Chrift,  the  onely  fpirituall  king  and  go* 
wrnour  of  his  kirk. 

it  is  a  titlefalfly  ufurpedbyAntichri(t;toCall  himfelfe  head  of  the  kirk, 
and  ought  not  to  be  attributed  to  Angel,  nor  man,  of  what  eltate  that 
ever  he  be,  fa ving  to  Chrift  the  onely  head  and  monarch  in  the  kirk. 

Therefore  this  power  and  poiicie  of  the  kirk  ihould  leane  upon  the 
word  immediately,  as  the  only  ground  thereof,  and  fhould  be  taken 
from  the  pure  fountains  of  the  icriptures,  the  kirk  hearing  the  voyce 
of  Chrid  the  onely  fpirituall  king,  and  being  rule!  by  his  lawes. 

It  is  proper  kings,  princes  and  magiftrates,  to  be  called  Lords, 
and  dominarors  over  their  fubje&s  whom  they  govern  civilly,  but  it  is 
proper  to  Chrifr  onely  to  be  called  Lord  and  matter  in  the  fpirituall 
government  of  the  kirk,  and  all  others  that  beare  office  therein,  ought 
not  to  ufurp  dominion  therein,  nor  be  called  Lords,  but  onely  mini- 
fters,  difciples,  and  fervants.  For  it  is  drift's  proper  office  to  com- 
mand and  rule  his  kirk  univerfally,  and  every  particular  kirk  through 
his  fpirit  and  word,  by  the  miniftry  of  men. 

Notwithstanding,  as  the  minifters  and  others  of  the  ecclefiaflicall 
eftate  are  fubject  to  the  magiftrate  civill,  ib  ought  the  perfon  of  the 
magiftrate  be  fubject  to  the  kirk  fpiritually,  and  in  ecclefiamcall  go- 
vernment. And  the  exercife  of  both  thefe  jurifdiciions  Cannot  (land 
in  one  perfon  ordinarie. 

The  civill  power  is  called  the  power  of  the  fvvord,  and  the  other 
the  power  of  the  keyes. 

The  civill  power  fhould  command  the  f^iritual  to  exercife,  and  to 
exercife,  and  to  doc  their  office  according  to  the  word  of  God ;  the 
fpirituall  rulers  fhould  require  the  Cliriftian  magiitrate  to  minifter  jufl- 
ice,  and  punilh  vice,  and  to  maintaine  the  libenie  and  quietnefs  of  the 
kirk  within  their  bounds. 

M  m  This 


266  The     Second     Book 

Themagiftratccommandeth  externall  things  for  externall  peace  and 
quietnefle  amongft  the  fubjecls :  the  minifter  handleth  externall  things 
onely  for  confcience  caufe. 

The  magillrate  handleth  externall  things  onely,  and  actions  done 
before  men,  but  the  fpirituall  ruler  jndgeth  both  inward  affections,  and 
externall  anions  in  refpecl:  of  confcience  by  the  word  of  God. 

The  civil!  magiftrate  craves  and  gets  obedience  by  the  fword,  and 
other  externall  meanes,  but  the  rniniftrie,  by  the  fpirituall  fword,  and 
fpirituall  meanes. 

The  magiftrate  neither  ought  to  preach,  minifter  the  facraments, 
nor  execute  the  cenfures  of  the  kirk,  nor  yet  prefenbe  any  rule  how 
it  fhould  be  done,  but  command  the  minifters  to  obferve  the  rule  com- 
manded in  the  word,  and  punifti  the  tranfgreiTbrs  by  civill  meanes. 
The  minifters  exerce  not  the  civill  jurifdiction,  but  teach  the  magi- 
ftrate, how  it  fhould  be  exercifed  according  to  the  word. 

The  magiftrate  ought  to  affift,  maintaine  and  fortifle  the  jurifdic"tf- 
on  of  the  kirk.  The  minifters  mould  aflift  their  princes  in  all  things 
agreeable  to  the  word,  providing  they  neglect  not  their  own  charge  by 
involving  themfelves  in  civill  affaires. 

Finally,  as  minifters  are  fubject  to  the  judgement  and  punimment 
of  the  magiftrate  in  externall  things,  if  they  offend  :  fo  ought  die  ma- 
giftrates  to  fubmit  themfelves  to  the  difcipline  of  the  kirk,  if  they 
tranfgreiie  in  matters  of  confcience  and  religion. 

CHAP.  II.     Of  the  Policie  of  the  Kirk,  and  Per  fins  and  Office-bear- 
ers to  whom  the  Adminif  ration  is  committed. 

A  S  in  the  civill  policie  the  whole  commonwealth  confifteth  in  them 
-^*-  that  are  governors,  or  magiftrates,  and  them  that  are  governed, 
or  fubjects.  So  in  the  policie  of  the  kirk  fome  are  appointed  to  be 
rulers,  and  the  reft  of  the  members  thereof  to  be  ruled,  and  obey  ac- 
cording to  the  word  of  God,  and  infpiration  of  his  fpirit,  alwayes  un- 
der one  head  and  chiefe  governour,  Jefus  Chrift. 

Againe,  the  whole  policie  of  the  kirk  confifteth  in  three  things,  in 
doctrine,  difcipline,  and  diftribution.  With  doctrine  is  annexed  the 
adminiftration  of  facraments :  and  according  to  the  parts  of  this  divi- 
sion, arifeth  a  fort  of  threefold  officers  in  the  kirk,  to  wit,  of  mini- 
fters preachers,  elders  governours,  and  deacons  deftributers.  And 
ail  thefe  may  be  called  by  a  generall  word,  minifters  of  the  kirk. 
For  albiet  the  kirk  of  God  be  ruled  and  governed  by  Jefus  Chrift,  who 
is  the  onely  king,  high  prieft,  and  head  thereof,  yet  he  ufeth  the  mi- 
niftery  of  men,  as  the  moft  neceflary  middes  for  this  purpofc. 

For  fo  hee  hath  from  time  to  time,  before  the  law,  under  the  law, 

and 


of     Discipline.  267 

and  in  the  time  of  the  EvangelJ,  for  our  great  comfort,  raifed  np  men 
indued  with  the  gifts  of  the  fpirit,  for  the  fpirituall  government  of  his 
kirk,  exercifing  by  themh  is  own  power,  through  his  fpirit  and  word, 
to  the  building  of  the  fame. 

And  to  take  away  all  occafion  of  tyranny,  hee  will  that  they  fhouM 
rule  with  mutuall  confent  of  brether,  and  axpalitie  of  power,  every 
one  according  to  their  functions. 

In'  the  New  Teftament,  and  time  of  the  Evangell,  hee  hath  ufed 
the  miniftery  of  the  apoftles,  prophets,  evangeliffs,  pallors,  and  doc- 
tors in  adminiltration  of  the  difcipline  j  the  deaconfliip  to  have  the  cure 
of  the  eclefiafticall  goods. 

Some  of  their  ecclefiafficall  functions  are  ordinarie,  and  fome  cx~ 
traordinary  or  temporarie.  There  be  three  extraordinary  fundtions; 
the  office  of  the  apoftle,  the  evangelift,  and  of  the  prophet,  which 
are  not  perpetuall,  and  now  have  ceafed  in  the  kirk  of  God,  except 
when  it  pieafed  God  extraordinarily  for  a  time  to  ffirre  fome  of  them 
up  againe. 

There  are  foure  ordinarie  functions  or  offices  in  the  kirke  of  God, 
the  office  of  the  paflor^pmnifler  or  Whop*  the  doctor*  prelbyter  or 
elder?  and  the  deacon. 

Tnir  offices  are  ordinarie,  and  ought  to  continue  perpetually  in  the 
kirk,  as  necetfarie  for  the  government  and  poiicie  thereof,  and  no  moe 
offices  ought  to  be  received  or  fullered  in  the  kirk  of  God,  eitabliihej 
according  to  his  word. 

Therefore  all  the  ambitious  titles  invented  in  the  kinedomeof  An- 
tichriir,  and  in  his  ufurped  hierarchic,  which  are  not  of  one  of  thefe 
foure  forts,  together  with  the  offices  depending  thereupon,  in  one 
word  ought  to  be  rejected. 

Chap.  III.     How  the  Per  fans  that  he  are  ecclefiajlical  Funftivns  are 
to  hee  admitted  to  their  Office . 

VOcation  or  calling  is  common  to  all  that  fhould  beare  office  with- 
in the  kirk,  which  is  a  lawfull  way,  by  the  which  qualified  per- 
fons  are  promoted  to  any  fpirituall  office  within  the  kirk  of  God. 

Without  this  lawful  calling  it  was  never  leafome  to  any  perfon  to 
meddle  with  any  function  ecclefiaflicall. 

There  are  two  forts  of  calling,  oneextraordinarie  by  God  immedw 
ately,  as  was  of  the  prophets  and  apolties,  which  in  kirks  eltablifhed 
and  well  alreadie  reformed  hath  no  place. 

The  other  calling  is  ordinarie,  which,  befides  the  calling  of  God, 
and  inward  teflimony  of  a  good  confcicnce,  is  the  lawfull  approbation, 

M  m  2  snd 


268     ,  The     Second     Book 

snd  outward  judgement  of  men,  according  to  God's  word,  and  order 
eftabli (bed  in  his  kirk. 

None  ought  to  're  fume  to  enter  in  any  office  ecclefiadicall  without 
this  good  tedimony  before  God,  who  onely  knows  the  hearts  of  men. 

This  ordinary  and  outward  calling  hath  rwo  parts,  election  and  or- 
dination. Election  is  the  chohng  out  of  a  perfon,  or  perfons,  moil  a- 
b!e,  to  the  office  that  vakes,  by  the  judgement  of  the  elder fliip,  and 
eonfent  of  the  congregation,  to  which  (hall  be  the  perfon,  or  ,  '■  fons 
appointed. 

The  qualities  in  general!  requifite  in  alLthem,  who  fhonld  beare 
charge  in  the  kirk,  confift  in  foundnefle  of  religion,  and  godlinefTe  of 
life,  according  as  they  are  fufficiently  fet  forth  in  the  word. 

In  the  order  of  election  it  is  to  be  efchewed,  that  any  perfon  be  in- 
trufec!  in  any  offices  of  the  kirk,  contrary  to  the  will  of  the  congrega- 
tion to  which  they  are  appointed,  or  without  the  voice  of  the  eldcrfhip. 

None  ought  to  be  intrufed,  or  placed  in  the  places  a!read\  plant- 
ed, or  in  any  roome  that  vakes  not,  for  any  wordly  reaped  :  and 
that  wh'ch  is  called  the  benefice  ought  to  be  nothing  clfe,  but  the 
flip-end  of  the  mir/iflers  that  arc  lawfully  called- 

Ordination  is  the  feparation  and  fanctifying  of  the  perfon  appointed 
to  God  and  his  kirk,  after  he  be  well  tryed  and  found  qualified. 

The  ceremonies  of  ordination  are  fading,  earnell  prayer,  and  im- 
pofition  of  hands  of  the  elderlhip 

All  thir,  as  they  mud  be  raffed  up  by  God,  and  by  him  made  able 
for  the  work  u  hereto  they  are  called,  fo  ought  they  know  their  mef- 
fage  to  be  limited  u  ithin  God's  word,  without  the  bounds  of  the  which 
they  ought  not  to  pafle. 

AH  thir  fhould  take  thefe  tirlcs  and  names  oncly  (led  they  be  ex- 
alted and  puftup  in  themfelves)  which  the  fcripturcs  gives  unto  them, 
as  thefe  which  import  labour,  travel!  and  work,  and  are  names  of  of- 
fices and  fervicc,  and  not  of  idlenelle,  dignity,  worldly  honour  or  pre- 
hominence,  which  by  Chrid  our  mafler  is  exprelly  reproved  and  for- 
bidden. 

All  thefe  office  bearers  fhonld  have  their  own  particular  flocks,  a- 
niongd  whom  they  exercifc  their  charge. 

A\\  fhoujd  make  refidence  with  them,  and  take  the  inflection  and 
overfght  of  them,  every  one  in  his  vocation. 

V  d  generally  thir  twa  things  ought  they  all  to  refpect:  the  glorie 
od,  and  edifying  of  his  kirk,  in  difcharging  their  duties  in  their 

11114. 


of     Discipline.  269 


Chap.  IV.     Of  the  Office-bearers  hi  f  articular  ^  and  fir fl  of  the  Paf* 

tors  or  Miuijlers. 

PAftors,  bifhops,  or  minifters,  are  they  who  are  appointed  to  par- 
ticular congregations,  which  they  rule  by  the  word  of  God,  and 
over  the  which  they  watch.  In  refpecl:  whereof,  fometimediey  are 
calkd  pauors,  becaufe  they  fee<^  their  congregation;  fometime  ?///*• 
tofi9  or  bifh-op^,  becanfe  they  watch  above  their  flock;  fometimes 
miniiters,  by  reafon  of  their  fervice  and  cfnce,  and  fbmetimes  alfo 
presbyters  or  feniors,  for  the  gravity  in  manners  which  they  ought  to 
have  in  taking  care  of  the  fpirituall  government,  which  ought  to  be 
rifcft:  deare  unto  them. 

They  that  are  called  nnto  the  miniilerie,  or  that  offer  themfelves 
thcreuuto,  ought  not  to  be  elecled  without  any  certain  flock  be  aflign- 
ed  unto  them. 

No  man  ought  to  ingyre  himfelfe,  or  ufurpe  this  office  without 
lavvfj II  calling. 

I  hey  who  are  once  called  by  God,  and  duely  elected  by  man,  af- 
ter that  they  have  once  accepted  the  charge  of  the  miniilerie,  may  not 
leave  their  functions. 

„     The  defertours  fhould  be  admonifhed,  and  in  cafe  of  obftinacie  fi- 
nally excommunicate. 

No  paftor  may  leave  his  flock  without  licence  of  the  provinciall,  or 
national!  AlTembiy,  which  if  he  doe,  after  admonitions  not  obeyed,  let 
the  cenfures  of  the  kirk  ftrick  upon  him. 

Vnto  the  pafi:  rsapperteines  teaching  of  the  word  of  God,  in  feafbn 
and  out  of  feafbn,  pubiickly  and  privately,  always  trauelling  to  cdifie, 
and  difeharge  his  confeience,  as  God's  word  prefcribes  to  him. 

Vnto  the  padorsonely  apperteines  the  adminiftration  of  the  facra- 
ments,  in  like  manner  as  the  adminiflration  of  the  word  :  for  both  are 
appointed  by  God,  as  meanes  to  teach  us,  the  one  by  the  care,  and 
the  other  by  the  eyes,  and  other  fenfes,  that  by  both,  knowledge 
may  be  transferred  to  the  minde. 

It  appertained  by  the  lame  reafon  to  the  pallor  to  pray  for  the  peOr 
pie,  and  namely,  for  the  flock  committed  to  his  charge,  and  to  bleile 
them  in  the  name  of  the  Lord,  who  will  not  fuffer  the  blefimgs  of 
his  faithfull  fervams  to  be  fruits  ate. 

fie  ought  alfo  to  watch  above  the  manners  of  his  flock,  that  the 
better  he  may  apply  the  docVine  to  them  in  reprehending  the  diflb- 
lite  perfons,  and  exhorting  the  godly  to  continue  in  the  feare  of  the 
Lord. 

It  apperteines  to  the  minifter,  after  la wfull  proceeding  by  the  elder- 


27©  The    Second     Book 

fhip,  to  pronounce  the  fentence  of  binding  and  looting  upon  any  per- 
fon,  according  unto  the  power  of  the  keyes  granted  unto  the  kiik. 

It  belongs  to  him  likewifc,  after  lawfull  proceeding  in  the  matter 
by  the  elderfhip,  to  folemnifcate  marriage  betwixt  them  that  are  to  be 
joyned  therein,  and  to  pronounce  the  bleffing  of  the  Lord  upon  them, 
that  enter  in  at  that  holy  band  in  the  fcare  of  God, 

And  generally  all  publick  denunciations  that  are  to  be  made  in  the 
kirk  before  the  congregation  concerning  the  ecclefiafticall  affaires  be- 
longing to  the  office  of  a  minilter :  for  he  is  as  meflenger  and  herauld 
betwixt  God  and  the  people  in  all  thefe  affaires. 


Chap.  V.      Of  Doctors ,  and  their  Office,  and  of  the  Schooh 


es , 


ONE  of  the  two  ordinary  and  perpetuall  functions  that  travell  in 
the  word,  is  the  (face  of  the  doctor,  who  may  bee  alfo  called 
prophet,  bifhop,  elder,  catechifer,  that  is,  teacher  of  the  catechifme, 
and  rudiments  of  religion. 

His  office  is  to  open  up  the  minde  of  the  fpirit  of  God  in  the  fcrip- 
tures  fimpfy,  without  fuch  applications  as  the  minifters  ufe,  to  the  end 
that  the  faithfull  maybe  instructed,  and  found  doctrine  taught,  &that 
the  purity  of  the  gofpell  be  not  corrupted  through  ignorance,  or  evill 
opinions. 

Hee  is  different  from  the  paftor,  not  onely  in  name,  but  in  diver- 
fity  of  gifts.  For  to  the  doctor  is  given  the  word  of  knowledge,  to  o- 
pen  up  by  flmple  teaching  the  myfterics  of  faith,  to  the  paftor  the  gift 
of  wifedome,  to  apply  the  fame  by  exhortation  to  the  manners  of  the 
flock,  as  occafion  craveth. 

Under  the  name  and  office  of  a  doctor  wee  comprehend  alfo  the  or- 
der in  fchooles,  colledges,  and  univerfities,  which  hath  been  from  time 
to  time  carefully  maintained,  as  well  among  the  Jewcs  and  Chriflians, 
as  alfo  among  the  prophane  nations. 

The  doctor  being  an  elder,  as  faid  is,  fhould  aflift  the  paftor  in 
the  government  of  the  kirk,  and  concurre  with  the  elders  his  breth- 
ren in  all  affemblics;  by  reafon  the  interpretation  of  the  word,  which 
is  onely  judge  in  ecclefiafticall  matters,  is  committed  to  his  charge. 

But  to  preach  unto  the  people,  to  miniftcr  the  facraments,  and  to 
celebrate  manages,  perteine  not  to  the  doctor,  unlefTc  he  be  other - 
wife  called  ordinarily  :  houbeit  the  paftor  may  teach  in  the  fchooles, 
as  he  who  hath  the  gift  of  knowledge,  oftentimes  meet  for  that  end, 
as  the  examples  of  Poly  car  pis,  and  others  tcftifie ;  &c. 

Chap, 


Of    Discipline.  271 


Chap.  VI.  Of 'Elders,  and  their  Office. 

*  I  ^HE  word  elder  in  the  fcripture,    fometime  is  the  name  of  age, 
j[     fometime  of  office.     When  it  is  the  name  of  any  office,  fbme 
time  it  is  taken  largely,  comprehending  as  well  the  paftors  and  doctors, 
as  them  who  are  called  feniors  or  elders. 

In  this  our  divifion,  we  call  thefe  elders,  whom  the  Apofties  call 
prefidents  or  governours.  Their  office  as  it  is  ordinary,  lo  is  it  per- 
petual 1  and  alwaies  necefTarie  in  the  kirk  of  God.  The  elderfhip  is 
a  fpirituall  function,  as  is  the  minifterie. 

Elders  once  lawfully  called  to  the  office,  and  having  gifts  from  God 
meet  to  exercife  the  lame,  may  not  leave  it  again,  Albeit  fuch  an 
number  of  elders  may  be  chofen  in  certaine  congregations,  that  one 
part  of  them  may  relieve  another  for  a  reafonable  fpace,  as  was  among 
the  Levites  under  the  law  in  ferving  of  the  temple. 

The  number  of  the  elders  in  every  congregation  cannot  well  be  li- 
mited, but  fhould  be  according  to  the  bounds  and  neceffirie  of  the 
people. 

It  is  not  necefTarie  that  all  elders  be  alfo  teachers  of  the  word,  albeit 
the  chiefe  ought  to  be  fuch,  and  fwa  are  worthie  of  double  honour. 

What  manner  of  perfons  they  ought  to  be,  we  referre  it  to  the 
exprefle  word,  and  namely  the  canons  written  by  the  Apoftle  Paul. 

Their  office  is  as  well  feverally,  as  conjunctly,  to  watch  diligent- 
ly upon  the  flock  committed  to  their  |charge,  both  publickly,  and 
privately,  that  no  corruption  of  religion,  or  manners,  enter  therein. 

As  the  paftors  and  doctors  fhould  be  diligent  in  teaching  and  (ow- 
ing the  feed  of  the  word,  fo  the  elders  fhould  be  careful  in  feeking 
the  fruit  of  the  fame  in  the  people. 

It  appertaines  to  them  to  affift  the  pallor  in  examination  of  them 
that  come  to  the  Lord's  Table :  item,  in  vifiting  the  fick. 

They  fhould  caufe  the  acts  of  the  Aflemblies,  as  well  particular 
as  generall,  to  be  put  in  execution  carefully. 

1  hey  fhould  be  diligent  in  admonifhing  all  men  of  their  dutie  ac- 
cording to  the  rule  of  the  Evangell. 

Things  that  they  cannot  correct  by  private  admonitions  they  fhould 
bring  to  the  elderfhip, 

Their  principall  office  is  to  hold  ademblies  with  the  paftors  and  doc- 
tors who  are  aifo  of  their  number,  for  eftabliihing  of  good  order  and 
execution  of  difcipline,  unto  the  which  aftemblics  all  pcrfonesare  fub- 
ject  that  remaine  within  their  bounds. 

Chap, 


272  The    Second     Book 


Chap.  VII.     Of  the  Elder jhips^  Ajfemblies,  and  Dififli, 


1  nt 


ELderfhips  and  aflemblies  are  commonly  conftitute  of  paftors,  doc- 
tors, and  fuch  as  we  commonly  call  elders,  that  labour  not  in 
the  word  and  doctrine,  of  whom,  and  of  whofe  feverall  power,  hath 
bene  fpoken. 

Aflemblies  are  of  foure  forts.  For  either  are  they  of  particular 
kirks  and  congregation^  ane  or  moe,  or  of  a  province,  or  of  a  whole 
nation,  or  of  all  and  divers  nations  prof  effing  one  Jefus  Chrift. 

All  the  ecclefialticall  aflemblies  have  power  to  convene  lawfully  to- 
gether for  treating  of  things  concerning  the  kirk,  and  perteining  to  their 
charge. 

They  have  power  to  appoint  times,  and  places  to  that  efFect,  and  at 
one  meeting  to  appoint  the  dyet,   time  and  place  for  another. 

In  all  aflemblies  an  moderator  fhould  be  chofen  by  common  con- 
fent  of  the  whole  brethren  convened,  who  fhould  propone  matters, 
gather  the  votes,  and  caufe  good  order  to  be  kept  in  the  aflemblies. 

Diligence  fhould  be  taken,  chiefly  by  the  moderator,  that  onely 
ecclefiafticall  things  be  handled  in  the  aflemblies,  and  that  there  be  no 
medling  with  any  thing  perteining  to  the  civil!  jurifdi&ion. 

Every  aflembly  hath  power  to  fend  forth  from  them  of  their  own 
number,  ane  or  moe  vifitors  to  fee  how  all  things  be  ruled  in  the 
bounds  of  their  jurifdiclion. 

Vifitation  of  moe  kirks  is  no  ordinary  office  ecclefiaftick  in  the  per- 
fon  of  one  man,  neither  may  the  livnt  of  a  bifhop  be  attribute  to  the 
vifitor  onely,  neither  it  is  necetlary  to  abide  alwaies  in  one  man's  per- 
fon,  but  it  is  the  part  of  the  elderfhip  to  fend  out  qualified  perfons  to 
vifit  fro  re  nata . 

The  final!  end  of  Ailemblies  is  firft  to  keep  the  religion  and  doc- 
trine in  puririe,  without  error  and  corruption.  Next,  to  keep  ecome- 
linefle  and  good  order  in  the  kirk. 

For  this  orders  caufe,  rbey  may  make  certaine  rules  and  conftitu- 
tions  appertaining  to  the  goood  behaviours  of  all  the  members  of  the 
kirk  in  their  vocation. 

They  have  power  alfo  to  abrogate  and  abolifh  all  ftatutes  and  or- 
dinances concerning  ecclefiaftical  matters,  that  are  found  noyfome  and 
unprofitable,  and  agree  not  with  the  time,  or  areabufed  by  the  people. 

They  have  power  to  execute  ecclefiaftical  difcipline  and  puni(h- 
ment  upon  all  tranfgrefTors,  and  proud  contemners  of  the  good  order 
and  policie  of  the  kirke,  and  fo  the  whole  difcipline  is  in  their  hands. 

The  firft  kinde  and  fort  of  affemblies,  although  they  be  within  par- 
ticular congregations,  yet  they  exerce  the  power,  authorise  and  ju- 

rifdiftion 


of     Discipline.  273 

rifdi&ion  of  the  kirk  with  mutuall  confent,  and  therefore  beare  force* 
time  ihe  name  of  the  kirk. 

When  we  fpeake  of'  the  elders  of  the  particular  congregations,  we 
mean  not  that  every  particular  parifli  kirk  can,  or  may  have  their  own 
particular  elderfhips,  fpecially  in  landward;  but  wee  think  three,  four, 
moe  or  fewer  particular  kirks,  may  have  one  elderfhip  common  to 
them  all,  to  judge  their  eccleflaiticail  caufes. 

Yet  this  is  meet,  that  fome  of  the  elders  be  chofen  out  of  every 
particular  congregation,  to  concurre  with  the  reft  of  their  brethren  in 
the  common, a(Tembly,  and  to  take  up  the  delations  of  offences  within 
their  owne  kirks,  and  bring  them  to  the  a(Temb!y. 

This  we  gather  of  the  praetife  of  the  primitive  kirk,  where  elders 
or  colledges  of  feniors  were  conftitute  in  cities  and  famous  places. 

The  power  of  their  particular  elderfhips  is  to  ufe  diligent  labours  in 
the  bounds  committed  to  their  charge,  that  the  kirks  be  kept  in  good 
order,  to  inquire  diligently  in  naughtie  and  unruly  perfons,  and  travell 
to  bring  them  in  the  way  againe,  either  by  admonition  or  threatning  of 
God's  judgements;  or  by  correction. 

It  pertaines  to  the  elderfhip  to  take  heed,  that  the  word  of  God  be 
purely  preached  within  their  bounds,  the  facraments  rightly  minifired, 
the  difcipline  rightly  maintained,  and  the  ecclefiafiicall  goods  uncor- 
ruptlv  diftributed.  It  belongs  to  this  kinde  of  afiembly,  to  caufe  the 
ordinances  made  by  the  anemblies  provincial],  nationall,  and  generall, 
to  be  kept,  and  pur  in  execution. 

To  make  conititutions  which  concerne  totF—cv  m  the  kirk,  for  the 
decent  order  of  thefe  particular  kirks,  where  they  governe  :  providing 
they  alter  no  rules  made  by  the  generall,  or  provinciall  ailemblies, 
and  that  they  make  the  provincial!  ailemblies  forefeen  of  thefe  rules 
that  theyfliail  make.and  aboli/hthem  that  tend  to  the  hurt  of  the  fame. 

It  >haih  power  to  excommunicate  the  obftinate. 

The  power  of  election  of  them  who  beare  ecclcfiafticall  charges 
pertaines  to  this  kind  of  Adembly  within  their  owne  bounds,beingwe!l 
erected, and  conftitute  of  many  paftors,and  elders  of  fufficient  abilitie. 

by  the  like  reafon  their  depofition  a!fo  pertaines  to  this  kinde  of  af- 
fembly,  as  of  them  that  teach  erronious  and  corrupt  doclrine,  that  be 
of  flanderous  life,  and  after  admonition  defift  not,  that  be  given  to 
fchifme,  or  rebellion  again  ft  the  kirke,  manifeft  biafphemy,  fimonie, 
corruption  of  bribes,  falfhood,  perjurie,  whoordome,  theft,  drunk- 
ennefTe,  fighting  worthy  of  punifhment  by  the  law,  ufurie,  dauncing, 
infamie,  and  all  others,  that  deferve  feparation  from  the  kirk. 

Thefe  aifo  who  are  altogether  found  unfuftkient  to  execute  their 
charge  flioald  be  depofed,  whereof  other  kirits  would  be  advertifed, 
that  they  receive  not  the  perfons  depofed, 

N  n  yet 


274  The     Second     Book 

Yet  they  ought  not  to  be  depofed,  who,  through  »ge,  fcknefTe,  or 
other  accidents,  become  unmeet  to  do  their  office,  in  which  cafe  their 
honour  ihould  remain  to  them,  their  kirk  fliould  maintaine  them;  and 
others  Ought  to  be  provided  to  doe  their  office. 

Provincial]  aflemblies  wee  call  lawful)  conventions  of  the  paftors, 
doctors,  and  other  elders  of  a  province,  gathered  for  the  common  af- 
fVres  of  the  kirkes  thereof,  which  alfo  may  bee  called  the  conference 
of  the  kirk  and  brethren. 

Thir  aflembJies  are  inffirute  for  weightie  matters  to  be  iptrcatcd  by 
mutual)  content  and  afliftance  of  the  brethren  within  that  province,  as 
need  requires. 

1  his  ailcmbly  harh  power  to  handle,  order,  and  redrefTe  all  things 
committed  or  done  amide  in  the  particular  aflemblies. 

It  hath  power  to  depofe  the  office-bearers  of  that  province  for  good 
and  j ".ft  caufes  deicrving  deprivation. 

And  generally  thir  allemblies  have  the  whole  power  of  the  particu- 
lar elderfhips  whereof  they  are  collected. 

The  national}  ailcmbly,  which  is  genera  11  to  us,  is  a  lawfull  con- 
vention of  the  w  hole  kirks  of  the  realm  or  nation  where  it  is  ufed  ;nd 
gathered,  for  the  common  affaires  of  the  kirk,  and  may  be  called  the 
general!  elderfnip  of  the  whole  kirks  in  the  real  me.  None  are  fubjeft 
torepaire  to  this  ailcmbly  to  vote  but  ecclefiafticall  perfons,  to  fuch  a 
number  as  fhall  be  thought  good  by  the  fame  afTemblie,  not  excluding 
other  perfons  that  will  repajre  to  the  faid  aflembly  to  propone,  heare, 
and  reafon. 

Thisaflemblieis  inftiiute,  that  all  things  either  committed,  or  done 
amide  in  the  provincial!  aflemblies  may  be  redrefled  and  handled,  and 
things  generally  fcrving  for  the  weale  of  the  whole  bodie  of  the  kirk 
within  the  realme  may  be  forefeen,  and  fet  forth  to  God's  glorie. 

It  ihould  take  care,  that  kirks  be  planted  in  places  where  they  are 
not  planted 

Ic  fhould  prefcribe  the  rule  how  the  other  two  kinds  of  afTemblies 
ihould  proceed  in  alt  things 

This  aflembly  fhould  take  heed,  that  the  fpirituall  jurifdidlion,  and 
civil  1,  be  not  confounded  to  the  hurt  of  the  kirk  :  that  the  patrimonie   • 
of  the  kirk  be  not  confumed,  nor  abufed ;  a.,d  generally  concerning 
all  weighty  affaires  that  concerne  the  weale  and  good  order  of  the 
whole  kirks  of  the  realm,  it  ought  tointerpone  authorise  thereto. 

There  is  befides  thefe,  an  other  more  generall  kinde  of  atfemblie,, 
which  is  of  all  nations,  and  all  the  efhfes  of  perfons  within  the  kirk,  re- 
prefenting  the  univerfallkirk  of  Chrift,  which  may  be  called  proper- 
ly the  generall  aflembly,  or  generall  councell  of  the  k;rk  of  God. 

Thefc  aflemblies  were  appointed  and  called  together  fpecially, 

whe$ 


of     Discipline  zjg 

when  any  great  fchifme  or  controverfie  in  doctrine  did  arife  in  the 
kirk,  and  were  convocare  at  command  of  godly  emperours  being  for 
the  time,  for  avoiding  of  fchifmes  within  the  univerfall  kirk  of  Goij,  ■ 
which,  becanfe  the  perteine  not  to  the  particular  eftate  of  anyrealme, 
we  ceafe  further  to  lpeake  of  them. 

Chap.  VIII.      Of  the  Deacons  and  their  office ,  the  I. if  ordinary  func- 
tion in  the  Kirn. 

THE  word  £'«xow>f  fbmetimes  is  largely  tak^n,  comprehending  all 
them  that  beare  office  in  the  minifterie,  and  fpirituali  function 
in  the  kirk 

But  now,  as  we  fpeake,  it  is  taken  onely  for  them  unto  whom 
the  collection  and  diftribution  of  the  almes  of  the  faithfull  and  cede- 
fiatticall  goods  doth  belong. 

The  office  of  the  deacons  fo  taken,  is  an  ordinarie  and  pcrpetuall 
cccle(ia(licall  function  in  the  kirk  of  Chrifr. 

Of  what  properties  and  duties  he  ought  to  be  that  is  called  to  this 
function,  we  remit  it  to  the  manifeft  fcriptures. 

The  deacon  ought  to  be  called  and  elected,  as  the  reft  of  the  fpiri- 
tuall  officers,  of  the  which  election  was  fpoken  before. 

Their  office  and  power  is  to  receive,  and  to  diftribute  the  whole 
eccleflafficall  goods  unto  them  to  whom  they  arc  appointed 

This  they  ought  to  doe  according  to  the  judgement,  and  appoint- 
ment of  the  prefbytcries,  or  elderfhips  (of  the  which  the  deacons  are 
not)  that  the  patrimony  of  the  kirk  and  pecre  be  not  converted  to 
private  mens  ufcs>  nor  wrongfully  difttibute. 

Chap,  IX.     Of  the  falrivionie  of  the  Kirk,  and  d'.friluthn  thereof. 

BY  the  patrimonie  of  the  kirk,  we  meane  whatsoever  thing  hath 
been  at  any  time  before,  or fhali  be  in  times  coming  given,  or  by 
confent  and  univerfall  cudome  of  the  countries  proffeiTing  the  Chriilian 
religion  appiyed  to  the  publique  life  and  utilitie  of  the  k'rk. 

fco  that  under  the  patrimonie  we  comprehend  all  things  given,  or  to 
be  given  to  the  kirk  and  fervice  of  God,  as  lands,  biggings,  poiTeili- 
ons,  annuelrents,  and  all  fuch  like,  wherewith  the  kirk  is  doted,  ei- 
ther by  donations,  foundations,  mortifications,  or  any  other  lawful  I 
titles  of  kings,  princes,  or  any  perfons  inferiour  to  them,  together 
with  the  continual!  oblations  of  the  faithful  J. 

We  comprehend  alio  all  fuch  things,  as  by  lawes  or  cuftomc,  or 
ufe  of  countries,  have  been  appiyed  to  thCufe  and  utility  of  the  kirk, 
of  the  which    fort  are  teinds,  manfes,  gleibs, '  and  fuch  like,   which 

N  n  z  "  by 


276  The     Second     Book 

by  common  and  municipal  1  lawes  and  univerfall  cuftome  are  poflefFed 
by  the  kirk.  v 

To  take  any  of  this  patrimonie  by  unlavvfull  meanes,  and  convert 
it  to  the  particular  and  profane  ufe  of  any  perfon,  we  hold  it  a  de- 
tectable facriiedge  before  God. 

The  goods  eccjefi'afticall  ought  to  be  collected,  and  diflributed  by 
the  deacons,  as  the  word  of  God  appoints,  that  they  who  beare  office 
in  the  kirk  be  provided  for  without  care  or  foiicitude. 

In  the  apoitolicail  kirk,  the  deacons  were  appointed  to  collet!  and 
diltribute  what  fummc  foever  was  collected  cf  the  faithful,  to  diflri- 
bute  unto  the  neceflkie  of  the  faints,  fo  that  none  lacked  amongft  the 
iaitbfu!!. 

Thefe  collections  were  not  onely  of  that  which  was  collected  in 
manner  of  alines,  as  fome  fuppofe,  but  of  other  goods,   moveable, 


and  immoveable,  of  lands  and  pofleffions,  the  price  whereof  was 
brought  to  the  feet  of  the  apoiiles 

This  office  continued  in  the  deacons  hands,  who  intromctted  with 
the  whole  goods  of  the  kirk,  ay  and  while  the  eflate  thereof  was  cor- 
rupted by  Antichrift,  as  the  antient  canons  beare  witneffe. 

The  fame  canons  make  mention  of  a  fourefold  distribution  of  the  pa- 
trimonie of  the  kirk,  whereof  one  part  way  applyed  to  the  paltor  or 
hifhop  for  his  fuftentation  and  hofpitality ;  another  to  the  ciders  and 
deacons,  and  all  the  clergie;  the  third  to  the  poore,  hck  perfons  and 
iirangers  ;  the  fourth  to  the  upholding  other  affaires  of  the  kirk,  fpe- 
ci-'ily  extraordinary. 

We  add  hereunto  the  fchooles  and  fchoolemaiters  alfo,  which  ought 
and  may  be  well  fufleined  of  the  fame  goods,  and  are  comprehended 
lender  theclergic.  To  whom  we  joyn  alfb  clerks  of  aflemblies,  as 
well  particular  asgenerall,  fyndieks  or  procutors  of  the  kirk  affaires, 
rakers  up  of  the  pfalmes,  and  fuch  like  other  ordinary  officers  of  the 
kirk,  fo  fane  as  they  are  neceflary. 

CiiAP.  X.      Of  the  Office  of  a  Chrifian  Magi f  rate  in  the  kirk. 

■\  Lthough  all  the  members  of  the  kirk  be  holden  every  one  in  their 
£X  vocation,  and  according  thereto,  to  advance  the  kingdom  of 
Jefus  Chrilt,  fo  far  as  lyeth  in  their  power,  yet  chiefly  Chriffian 
princes,  and  other  magiftrates,  are  holden  to  doe  the  fame. 

For  they  are  called  in  the  fcripture  nourifhers  of  the  k;rk,  for  fo 
much  as  by  them  it  is,  or  at  leaif  ought  to  be  maintained,  f offered, 
upholdcn,  and  defended  againft  all  that  would  procure  the  hurt  thereof. 

So  it  pcrttines  to  the  office  of  a  Christian  magiflrate,  to  affift  and 
f  crrffie  the  godiy  proceedings  of  the  kirk  in  all  bchalfcs  ;  and  namely 

to 


of    Discipline  277 

to  fee  that  the  publique  eftate  and  minifterie  thereof  be  maintained  and 
fufteined,  as  it  appertaines,  according  to  God's  word. 

To  fee  that  the  kirk  be  not  invaded,  nor  hurt  by  falfe  teachers 
and  hirelings,  nor  the  roomes  thereof  be  occupied  by  dumb  doggs, 
or  idle  bellies. 

To  aflift  and  maintaine  the  difcipline  of  the  kirk,  and  punifh  thern 
civilly,  that  will  not  obey  the  cenfure  of  the  fame,  without  con- 
founding alwaies  the  one  jurifdic*tion  with  the  other. 

To  fee  that  fufficient  provifion  be  made  for  the  minifterie,  the 
fchooles,  and  the  poore  :  and  if  they  have  not  fufficient  to  awaite  u- 
pon  their  charges,  to  fupply  their  indigence  even  with  their  own  rents, 
if  need  require. 

To  hold  hand  as  well  to  the  faving  of  their  perfons  from  injurie 
and  open  violence,  as  to  their  rents  and  poifeftions,  that  they  be  not 
defrauded,  robbed,  nor  fpoiled  thereof. 

Not  to  fuffer  the  patrimony  of  the  kirk  to  be  applyed  to  profane 
and  unlawful!  ufes,  or  be  devoured  by  idle  bellies,  and  fuch  as  have 
no  lawfnll  function  in  the  kirk,  to  the  hurt  of  theminifiery,  fchooles, 
poore,  and  other  godly  ufes,  whereupon  the  fame  ought  to  be  be- 
llowed. 

To  make  laws  and  conftitutions  agreable  to  God's  word,,  for  ad- 
vancement of  the  kirk,  and  policie  thereof ,  without  ufurping  any  thing 
that  perteins  not  to  the  civil  fvvord,  but  belongs  to  the  offices  that  are 
meerly  ccclefiafticall,  as  is  the  minifterie  of  the  word  and  iacraments, 
ufing  ecclefiafticall  difcipline,  and  the  fpirituall  execution  thereof,  or 
any  part  of  the  power  of  the  fpirituall  keyes,  which  our  mailer  gave 
to  the  apofties,  and  their  true  fucceftburs. 

And  although  kings  and  princes  that  be  godly,  fome  times  by  their 
own  authority,  when  the  kirk  is  corrupted  and  all  things  out  of  or- 
der, place  minifters  and  reftore  the  true  fervice  of  the  Lord,  after  the 
example  of  fome  godly  kings  of  Inda,  and  divers  godly  emperours, 
and  kings  alfo  in  the  light  of  the  New  Teftament;  yet  where  the  mi- 
nifterie of  the  kirk  i*  once  lawfully  'conftitute,  and  they  that  are 
placed  doe  their  office  faithfully,  all  godly  princes  and  magiftrates 
ought  to  heare,  and  obey  their  voice,  and  reverence  the  majeftie  of 
the  Son  of  God  fpeaking  in  them. 

Chap.  XL     Of  the  frefent  abufes  remaining  in  the  Kirk,  which  we 
defire  to  be  reformed, 

AS  it  is  the  duty  of  the  godly  magiftrare  to  maintain  the  prefent  li- 
berty,., which  God  hath  granted  by  the  preaching  of  his  word, 
aud  the  true  adminiitration  of  the  facraments  within  this  realm :  fo  is 


zj%  The    Second    Book 

it  to  provide,  that  all  abufes  which  yet  remaine  in  the  kirk,  be  remo- 
ved, and  utterly  taken  away. 

Therefore  firft  the  admiflion  of  men  to  papifticall  titles  of  benefi- 
ces, fuch  as  ferve  not,  nor  have  no  fun&ion  in  the  reformed  kirk  of 
Chrift,  as  abbotes,  commendators,  priors,  priorefles,  and  other  titles 
of  Abbeyes,  whofe  places  are  now  for  the  moft  part  by  the  juft  judge- 
ment of  God  kiemolifhcd,  and  purged  of  idolatry,  is  plaine  abufe,  and 
is  not  to  receive  the  kingdom  of  Chrift:  amongft.  us,  but  rather  to  refufe  it. 

Such  like  that  they  that  of  old  were  called  the  chapiters  and  con- 
vents of  Abbeyes,  cathedral  1  kirks,  and  like  places,  ferve  for  nothing 
now,  but  to  fet  fewes  and  tacks,  if  any  thing  be  left  of  the  kirk  lands 
and  teinds,  in  hurt  and  prejudice  thereof  as  daily  experience  teach- 
eth,  and  therefore  ought  to  be  utterly  abrogate  and  abolilhed. 

Of  the  like  nature  are  the  deanes,  archdeacones,  chanrours,  f  b- 
chantours,  thefaurers,  chancellors,  and  others  having  the  like  titles 
flowing  from  the  pope  and  canon  law  onely,  who  have  no  place  in  the 
reformed  kirk. 

The  kirks  alfo  which  are  united  together,  and  joyned  by  annexa- 
tion to  their  benefices,  ought  to  be  feparated  and  divided,  and  given 
to  qualified  minifters,  as  God's  word  craves^ 

Neither  ought  fuch  abufers  of  the  kirks  patrimony  to  have  vote  in 
parliament,  nor  fit  in  counccll  under  the  name  of  the  kirk  and  kirk- 
men,  to  the  hurt  and  prejudice  of  the  liberty  thereof,  and  lawes  of  the 
realm  made  in  favour  of  the  reformed  kirk. 

Much  lcfle  is  it  lawful  1,  that  any  perfon  amongft  thefe  men  fnould 
have  five,  fixteen,  twenty  or  moe  kirks,  all  craving  the  charge  of 
foules,  and  brinke  the  patrimony  thereof,  either  by  admiflion  of  the 
prince,  or  of  the  kirk,  in  thi  slight  of  the  Evangel!.  For  it  is  but  a 
mockage  to  crave  reformation  where  fuch  l;ke  have  place. 

And  in  (b  farr,  as  in  the  order  taken  at  Leith  in  the  yeare  of  out- 
Lord  1571,  it  appears  that  fuch  may  be  admitted,  being  found  quali- 
fied ;  either  that  pretended  order  is  againft  all  good  order,  or  elfe  it 
muff,  be  underftood  not  of  them  that  be  qualified  in  worldly  affaires, 
or  to  ferve  in  court,  but  fuch  as  are  qualified  to  teach  God's  word, 
having  their  lawfull  admiflion  of  the  kirk. 

As  to  bifhops,  if  the  name  **i**«**t  be  properly  taken,  they  are  all 
one  with  the  miniflers,  as  before  was  declared.  For  it  is  not  a  name 
of  fifpenoriiie,  and  Jordfliip,  but  of  office  and  watching. 

Yet  becaufe  in  the  corruption  of  the  kirk,  this  name  (as  others) 
have  been  abufed,  and  \ct  is  likely  to  be,  wee  cannot  allow  the  fa- 
shion of  thefe  new  chofen  bifhops,  neither  of  the  chapiters  that  are  e- 
leclors  of  them  to  fuch  offices,  as  they  are  chofen  unto. 

True  bifnops  fhoukt  addict  thcmfelves  to  a  particular  flock,  which 

fundry 


of    Discipline*  tyg 

fundry  of  them  refufe,  neither  fhould  they  ufnrpe  Iordfhip  over  their 
brethren,  and  ever  the  inheritance  of  Chrift,  as  thefe  men  doet 

Paftors,  in  fo  farr  as  they  are  paftors,  have  not  the  office  of  visita- 
tion of  moe  kirkes  joyned  to  the  paftorfhip,  without  it  be  given  to  them, 

It  is  a  corruption,  that  bifhops  fhould  have  further  bounds  to  vifit 
nor  they  may  lawfully.  No  man  ought  to  have  the  office  of  vifita- 
tion,  but  he  that  is  lawfully  chofen   thereunto 

The  elder/hips  being  well  eftablifhed,  have  power  to  fend  out  vi- 
gours one  or  moe,  with  commiffion  to  vifit  the  bounds  within  their 
elderfhip  and  iikewife,  after  count  taken  of  them,  either  continue  them, 
or  remove  them  from  time  to  time,  to  the  which  eiderfhips  they  fhali 
be  alwayes  fubject 

Criminall  jurisdiction  in  the  perfon  of  a  paftor  is  a  corruption. 

It  agreeth  not  with  the  word  of  God,  that  bifhops  fhould  be  paft- 
ors of  paftors,  paftors  of  many  flockes,  and  yet  without  a  certain 
fleck,  and  without  ordinary  teaching. 

It  agreeth  not  with  the  fcriptures,  that  they  fhould  beexemed  from 
the  correction  of  their  brethren,  and  difcipline  of  the  particular  elder- 
fhii'  of  the  ktk,  where  they  fhall  ferve,  neither  that  they  ufurpe  the 
office  of  vidtation  of  other  kirks,  nor  any  other  function  befides  other 
minifters,  but  (o  far  as  fhall  be  committed  to  them  by  the  kirk. 

Wherefore,  we  defire  the  bifhops  that  now  are,  either  to  agree  to 
that  order  that  God's  word  requires  in  them,  as  the  gen  rail  kirk  will 
preicribe  unto  them,  not  patting  their  bounds,  either  in  ecclefiaflicall 
or  civill  affaires,   or  clfe  to  be  depofed  from  al!  function  in  the  kirk. 

We  denic  not  in  ,the  meane  time,  but  minifters  may  and  fhould  af- 
fift  their  princes  when  they  are  required,  in  all  things  agreeable  to  the 
word,  whether  it  be  in  councell  or  parliament,  or  otherwayes,  pro- 
viding alwayes  they  neither  neglect  their  owne  charges,  nor  through 
flattery  of  princes,  hurt  the  pnblick  eftate  of  the  kirk. 

rut  generally,  we  fay  no  perfon,  under  whatfoever  title  of  the 
kirk  ;  and  fpecially  theabnlcd  titles  in  papiftrie,  of  prelates,  coments, 
and  chapters,  ought  to  attempt  any  act  in  the  kirks  name,  either  in 
councell,  or  parliament,  or  out  of  councell,  having  no  commiilion  of 
the  reformed  kirk  within  this  realme. 

And  by  act  of  parliament  it  is  provided,  that  the  papifticall  kirk  and 
jurifdiction  ihould  have  no  place  within  the  fame,  and  no  bilhop  nor 
o'her  pi  elate  in  times  comming  fhould  ufc  any  jur  if  diction  flowing  from 
his  authority. 

And  againe,  that  no  other  ecclefialticall  jurifdiction  fhould  be  ac- 
knowledged within  this  reaim,  but  that  which  is,  and  fhall  be  in  the 
reformed  kirk,  and  flowing  thcrfrom. 

§o  we  clleem  holding  of  chapiters,  in,  papifticall  manner  eitlw  in 

k$h$ii:all 


2  80  The     Second     Book 

cathedrall  kirks,  Abbeyes,  colledges,  or  other  conventuall  places,  u- 
furping  the  name  and  authority  of  the  kirk,  to  hurt  the  patrimony 
thereof,  or  ufe  any  other  acl  to  the  prejudice  of  the  fame,  fince  the 
yeare  of  our  Lord  1560  yeares,  to  be  abufe  and  corruption,  contrary 
to  trie  liberty  of  the  true  kirk,  and  lawes  of  the  realme,  and  there- 
fore ought  to  be  annulled,  and  in  times  comming  utterly  diicharged. 

The  dcpendances  alfo  of  the  papifticall  juriOicYion  are  to  be  aboli- 
fhed,  of  the  which  fort  is  mingled  jurifdiclion  of  the  commifTars,  in  fo 
farr  as  they  meddle  with  ecclefiafticail  matters,  and  have  no  commif- 
fion  of  the  kirk  thereto,  but  were  elected  in  time  of  our  foveraigne's 
mother,  when  things  were  out  of  order  It  is  an  abfurd  thing  that 
fundry  of  them  having  no  function  of  the  kirk,  fhould  be  judges  to 
miniilers,  and  dcpofe  them  from  their  roomes.  Therefore  they  ei- 
ther would  be  discharged  to  meddle  with  ecclefiafticall  matters,  or  it 
would  be  limited  to  them  in  what  matters  they  might  be  judges,  and 
not  hurt  the  libertie  of  the  kirk. 

Tht-y  alfo  that  of  before  were  of  the  ecclefiaftique  eflate  in  the 
pope's  kirk,  or  that  are|admitted  of  new  to  the  papiiii.all  rides,  and 
now  are  rollerate  by  the  lawes  of  the  realme  to  poflefle  the  twopart  of 
their  cccleflallicali  rents,  ought  not  have  any  further  liberty,  but  to 
intromet  with  the  portion  afTigned  and  granted  to  them  for  their  life- 
times, and  not  under  the  abufed  titles  which  they  had  to  difnone  the 
kirk  rents,  fct  tackes  and  fewes  thereof  at  their  pleafure,  to  the  great 
h.'irt  of  the  kirk  and  poore  labourers,  that  dwell  upon  the  ktfk  lands, 
contrarie  to  all  good  conference  and  order. 

Chap.  XII.     Certain  f feci  all beads  of  reformation  which  we  crave, 

WHatfoever  hath  been  fpoken  of  the  offices  of  the  kirke,  the  fe- 
verall  power  of  the  office-bearers,  their  conjunct  power  aifo, 
and  lad  of  the  patrimonic  of  the  kirk,  wee  underlhmd  it  to  be  the 
right  reformation,  which  God  craves  at  our  hands,  that  the  kirk  be 
ordered  according  thereto,  as  with  that  order,  which  is  moft  aggreea- 
ble  to  the  word. 

But  becai  fe  fomething  would  be  touched  in  particular,  concerning 
the  dlare  of  the  countrcy,  and  that  which  we  principally  feek  to  be 
reformed  in  the  fame,  we  have  collected  them  in  thefe  heads  following. 

Seeing  the  whole  countrey  is  divided  iu  provinces,  and  thir  provin- 
ces again  are  divided  in  pariihes,  as  well  in  land-ward,  as  in  townes  ; 
in  every  pariili  and  reafbnahle  congregation  there  would  be  placed  one 
or  moe  paftots  to  feed  the  flock,  and  no  pallor  or  miniiter  aiwaies  to 
be  burdened  with  the  particular  charge  of  rnce  kirks  or  flockcs  then 
one  alanerly, 

And 


of    Discipline.  281 

And  becaufe  it  will  be  thought  hard  to  finde  out  paftors  or  mini- 
fters  to  all  the  paroch  kirks  of  the  realm,  as  well  in  landward*  as  in 
townes,  we  think  by  the  advice  of  fuch  as  commiffion  ma}'  be  given 
to  by  the  kirk  and  prince,  parifhes  in  landward  or  fmall  vilLges,  may 
be  joyned  two  or  three  or  more,  in  fome  places,  together,  and  the  prin- 
cip  ill  and  molt  commodious  kirks  to  ftand,  and  be  repaired iuffident- 
ly ,  and  qualified  minifters  placed  thereat ;  and  the  other  kirks,  which 
are  not  found  necefTary,  may  be  fuffered  to  decay,  their  kirk  yards 
alwaies  being  kept  for  buryall  places ;  and  infome  places  where  need 
requires  a  parilh,  where  the  congregation  is  over  great  for  one  kirk, 
may  be  divided  in  twa  or  moe . 

Doctors  would  be  appointed  in  univerfities,  colledges,  and  in  other 
places  needfull,  and  fufEciently  provided  for,  to  open  up  the  mean- 
ing of  the  fcriptures,  and  to  have  the  charge  of  fchooles,  and  teach 
the  rudiments  of  religion. 

As  for  elders,  there  would  be  fome  to  be  cenfurers  of  the  manners 
of  the  people,  one  or  moe  in  every  congregation,  but  not  an  affein- 
bly  of  elders  in  every  particular  kirk,  but  onely  in  townes,  and  fa- 
mous places,  where  refort  of  men  of  judgement  and  abilitie  to  that 
effect  may  be  had,  where  the  elders  of  the  particular  kirks  about 
may  convene  together,  and  have  a  common  elderihip,  and  ailembly 
place  among  them,  to  treat  of  all  things  that  concerns  the  congre- 
gations of  which  they  have  the  oversight. 

And  as  there  ought  to  be  men  appointed  to  unite  and  divide  the 
parifhes,  as  neceflity  and  commodity  requires  :  fo  would  there  be  ap- 
pointed by  the  generall  kirk,  with  afTent  of  the  prince,  fuch  men  as 
feare  God,  and  know  the  eftate  of  the  countries,  that  were  able  to 
nominate  and  defigne  the  places,  where  the  particular  elderfhipsfhould 
convene,  taking  confederation  of  the  dioceffe,  as  they  were  divided  of 
old,  and  of  the  eftate  of  the  countries,  and  provinces  of  the  realme. 

Likewife  concerning  provinciall  and  fynodall  aflemblies  confedera- 
tion were  eafie  to  be  taken,  how  many  and  in  what  places  they  were 
to  be  holden,  and  how  oft  they  mould  convene,  ought  to  be  referred 
to  the  liberty  of  the  generall  kirk  and  order  to  be  appointed  therein. 

The  nationall  aflemblies  of  this  countrey,  called  commonly  the  ge- 
nerall aflemblies,  ought  alvvaycs  to  be  reteined  in  their  own  liberty, 
and  have  their  own  place. 

With  power  to  the  kirk  to  appoint  rimes  and  places  convenient 
for  the  fame,  and  all  men,  as  well  magiftrates  as  inferiours,  to  be  fub- 
jecl  to  the  judgement  of  the  fame  in  ecdefiafticall  caufes,  without 
any  reclamation  or  appellation  to  any  judge,  civil!  or  ecclefiafticall 
within  the  realm. 

The  libertie  of  the  election  of  pcrfons  called  to  the  eccleflsfticall 

O  o  functions, 


282  The     Second     Book 

functions,  and  obferved  without  interruption,  fo  long  as  the  kirk  was 
not  corrupted  by  Antichriit,  we  defire  to  be  reilored  and  reteined 
vvichin  this  realm. 

So  that  none  be  intrufed  upon  any  congregation,  either  by  the 
prince,  or  any  inferiour  perfon, without  lawfull  eleclion,  and  theaf- 
fent  of  the  people  over  whom  the  perfon  is  placed,  as  the  practife  of 
the  apottolicall  and  primitive  kirk,  and  good  order  craves. 

And  becaufe  this  order,  which  God's  word  craves,  cannot  ftand  with 
patronages  and  prefentation  to  benefices  ufed  in  the  Pope's  kirk,  we 
defire  all  them,  that  truely  feare  God,  earneit ly  to  confider,  that  for 
as  much  as  the  names  of  patronages  and  benefices,  together  with  the 
effect  thereof,  have  flowed  from  the  Pope,  and  corruption  of  the  canon 
law  onely,  in  fo  farr  as  thereby  any  perfon  was  intrufed  or  placed  o- 
ver  kirkes  having  curam  animarum. 

And  for  as  much  as  that  manner  of  proceeding  hath  no  ground  in 
the  word  of  God,  but  is  contrary  to  the  fame,  and  to  the  faid  liberty 
of  eleclion,  they  ought  not  now  to  have  place  in  this  light  of  refor- 
mation. And  therefore,  whofoever  will  embrace  God's  word,  and 
defire  the  kingdome  of  his  Son  Chriit  Jefus  to  be  advanced,  they  will 
alfo  embrace,  and  receive  that  policie  and  order  which  the  word  of 
God,  and  upright  eitate  of  his  kirk  craves,  otherwife  it  is  in  vaine 
that  they  have  profeit  the  fame. 

Notwithstanding  as  concerning  other  patronages  of  benefices  that 
have  not  curam  animarum,  as  they  fpeak  :  fuch  as  are  chaplenries, 
prebendaries  founded  upon  temporall  lands,  annuels,  and  fuch  like, 
may  be  referved  unto  the  ancient patrones,  to  difpone  hereupon, when 
they  vaike,  to  fchollers  and  burfers,  as  they  are  required  by  ad  of 
parliament. 

As  for  the  kirk  rents  in  generall,  we  defire  that  order  be  admitted 
and  maintained  amongft  us,  that  may  ftand  with  the  fincerity  of 
God's  word,  and  praclife  of  the  purity  of  the  kirk  of  Chrift. 

To  wit,  that  as  was  before  fpoken,  the  whole  rent  and  patrimony 
of  the  kirk,  excepting  the  fmall  patronages  before  mentioned,  may  be 
dicided  in  foure  portions  :  one  thereof  to  be  afiigned  to  the  paftor  for 
his  entertainment, and  hofpitality  ;  an  other  to  the  elders,  deacons  and 
other  officers  of  the  kirk,  fuch  as  clerks  of  ailemblies,  takers  up  of 
the  pfalmes,  beadels  and  keepers  of  the  kirk,  fo  farre  as  is  necefTarie  : 
joyning  with  them  alio  thedoclors,  and  fchooles,  to  help  the  ancient 
foundations  where  need  requires  :  the  third  portion  to  be  bellowed  u- 
pon  the  poore  members  of  the  faithfrdl,  and  hofpitals  :  the  fourth  for 
reparation  of  the  kirks,  and  other  extraordinary  charges  as  are  profi- 
table for  the  kirk,  and  alio  for  the  common  wealth,  if  need  require. 

We  defire  therefore  the  ecclefiafticall  goods  to  be  uplifted,  anddi- 

itributed 


of    Discipline.  283 

ftributed  faithfully  to  whom  they  appertaine,  and  that  by  the  mini- 
fterie  of  the  deacons,  to  whole  office  properly  the  collection  and  dis- 
tribution thereof  belongs,  that  the  poore  may  be  anfwered  of  their 
portion  thereof,  and  they  of  the  miniitery  live  without  care  andfo- 
litude  :  as  alfo  the  reft  of  the  treafure  of  the  kirk  may  be  refer  ved, 
and  bellowed  to  their  right  ufes. 

If  thefe  deacons  be  elected  with  fuch  qualities  as  God's  word  craves 
to  be  in  them,  there  is  no  feare  that  they  Ihall  abufe  themlelves  in 
their  office,  as  the  profane  collector  did  of  before. 

Yet  becaufe  this  vocation  appears  to  many  to  be  dangerous,  let 
them  be  oblilhed,  as  they  were  of  old,  to  the  yearly  count  to  the 
pail ors  and  elderlhip,  and  if  the  kirk  and  prince  think  expedient ,  let 
cautioners  be  oblilhed  for  their  fidelity,  that  the  kirk  rents  on  no 
wayes  be  dilapidat. 

And  to  the  effect  this  order  may  take  place,  it  is  to  be  provided 
that  all  other  intrometers  with  the  kirk  rent,  collectors  general  or  fpe- 
ciall,  whether  it  be  by  appointment  of  the  prince,  or  otherwaies,  may 
be  denuded  of  further  intromiffion  therewith,  and  fuffer  the  kirk  rents 
in  time  comming  to  be  wholly  intrometted  with  by  the  miniilry  of 
the  deacons,  and  distribute  to  the  ufe  before  mentioned. 

As  alfo  to  the  effect,  that  the  ecclcfialticall  rents  may  fuffice  to  thefe 
ufes,  for  the  which  they  are  to  be  appointed :  we  thinke  it  necelTary 
to  be  delired,  that  all  alienations,  fetting  of  fewes,  or  tacks  of  the 
rents  of  the  kirk,  as  well  lands  as  teinds,  in  hurt  and  diminution  of 
the  old  rentals,  be  reduced  and  annulled,  and  the  patrimony  of  the 
kirk  reftored  to  the  former  old  liberty. 

And  likewife  that  in  times  comming  the  tiends  be  fet  to  nane  but 
to  the  labourers  of  the  ground,  or  elle  not  fet  at  all,  as  was  agreed 
upon,  and  fubferibed  by  the  nobility  of  before. 

Chap.  XIII.     The  utilitie  that  pall  flow  from  this  reformation  to  all 

EJiates. 

SEing  the  end  of  this  fpirituall  government  and  policie  whereof  we 
fpeak,  is,  that  God  may  be  glorified,  the  kingdoms  of  Jcius 
Chrift  advanced,  and  all  who  are  of  his  myil  ical  body,  may  live  peace- 
able in  confeience  :  therefore  we  dare  boldly  affirme,  that  all  thefe 
who  have  true  refpect  :o  thefe  ends  will  even  for  confeience  caufe 
gladly  agree  and  conforme  themfelves  to  this  order,  and  advance  the 
lame,  fo  farre  as  lyeth  in  them,  that  their  confeience  being  fet  at  reil 
they  may  be  replenifhed  with  fpirituall  gladneffe  in  giving  full  obe- 
dience to  that  which  God's  word,  and  theteif  jmony  of  their  own  con- 
feience doth  crave,  and  refufing  all  corruption  contrary  to  the  fame. 

Next 


284  The    Second    Book,    &c. 

Next,  we  fhall  become  an  example  and  patterne  of  good  and  godly- 
order  to  other  nations,  countries,  and  kirkes  profeffing  the  lame  reli- 
gion with  ns,  that  as  they  have  glorified  God  in  our  continuing  in  the 
iincerity  of  the  word  hitherto,  without  any  errours,  praife  be  to  his 
name.  So  they  may  have  the  like  occafion  in  our  converfation,when 
as  we  conforme  ourfelves  to  that  difcipline,  policie,  and  good  order, 
which  the  fame  word,  and  purity  of  reformation  craveth  at  our  hands. 
Otherwife  that  fearfull  fentence  may  be  juftly  faid  to  us,  The  fervant 
knowing  the  will  of  his  maijler,  and  not  doing  it9  &c. 

Moreover,  if  we  have  any  piety  or  refpect  to  the  poore  members  of 
Jefus  Chrift,  who  fo  greatly  increafe  and  multiply  amongft  us,  we  will 
not  fuffer  them  to  be  longer  defrauded  of  that  part  of  rhe  patrimony 
of  the  kirk,  which  juftly  belongs  unto  them,  and  by  this  order,  if  it 
be  duely  put  to  execution,  the  burden  of  them  fhall  be  taken  of  us  to 
our  great  comfort,  the  ftreets  mail  be  cleanfed  of  the  cryings  and  mur- 
murings  of  them,  as  we  ihall  no  more  be  any  fkandall  to  other  nati- 
ons, as  we  have  hitherto  been  for  not  taking  order  with  the  poore  a- 
mongft  us,  and  caufing  the  word  which  we  proffeffe  to  be  evil  ipo- 
ken  of,  giving  occafion  of  fklander  to  the  enemies,  and  offending  the 
confeiences  of  the  fimple  and  godly. 

Befides  this,  it  fhall  be  a  great  cafe  and  commodity  to  the  whole 
common  people,  in  relieving  them  of  the  building  and  upholding 
their  kirks,  in  bigging  of  brigges,  and  other  like  publique  works :  to 
the  labourers  of  the  ground  in  payment  of  their  teinds,  and  fhortly 
in  all  thefe  things,  whereinto  they  have  been  hitherto  rigoroufly 
handled  by  them  that  are  falfly  called  kirkemen,  their  tackfmen, 
faclours,  chalrnerlanes  and  extorfioners. 

Finally,  to  the  Kings  majeftie,  and  common  wealth  of  the  coun- 
trey  this  profite  fhall  redound,  that  the  other  affaires  of  the  kirk  being 
fufliciently  provided,  according  to  the  diftribution,  of  the  which 
hath  been  fpoken  :  the  fuperplus  being  collected  in  the  treafurie  of 
the  kirk  may  be  profitably  imployed,  and  liberally  bellowed  upon  the 
extraordinary  fupport  of  the  affairs  of  the  prince  and  commonwealth, 
and  fpecially  of  that  part  which  is  appointed  for  reparation  of  kirks. 

So'  to  conclude,  all  being  willing  to  apply  themfelves  to  this  order, 
the  people  frfiering  themfelves  to  be  ruled  according  thereto  ;  the 
princes  and  magi  Urates  not  being  exeemed,  and  thefe  that  arc  placed  in 
the  ecclefiallicall  cftate  rightly  ruling  and  governing.  God  fhall  be 
glorified,  the  kirk  edified,  andthebounds  thereof  inlarged,  Chrift  Jc- 
ius  and  his  kingdoms  fct  up,  Satan  and  his  kingdome  fubverted,  and  j 
God  fhall  dwell  in  the  midft  of  us,  to  our  comfort,  through  Jefus  ] 
Chrift,  who,  together  with  the  Father  and  the  Holy  Ghoft.  abides 
Melted  in  all  eternity. 

F      I      N       I       S. 


I 


B?^   .    ■ 


I 

p 

mm 


■i 


m