£.o ACT» Ol- ASSEiMBLY. communion of the faithful, and hast now manifested thy re- pentance, wherein the church resteth satisfied; I, in the name of the Lord Jesus, before this congregation^ pronounce and declare thee absolved from the sentence of excommunication formerly^ denounced against thee, and do receive thee to the communion of the church, and the free use of all the ordinances of Christ, that thou mayest be partaker of all his benefits to thy eterna salvation." — Ihid. § 2. After the sentence of absolution, thl minister speakcth to him as a brother, exhorting him to watch and pray, and comforting him as there shall be cause. The el- ♦rcrs embrace, and the whole congregation hold communion with him as one of their own: and the absolution should be in- timated in all the churches where the excommunication was in- timated.—/3z^/. ^2,. ActU, yhs. 1707. ACTS OF ASSEMBLY*. I. That all acts made anent keeping assemblies be observed. —Act Sess. 23, 24. Dec. 17, 18. As.. 1638. Act 9. II. All commissioners from presbyteries, burghs, and univer- sities, ordained to get under the clerk's hand an wdex of the acts, till the acts themselves be extracted, and thereafter to get the full extract of the whole general acts, to be inserted in their presbytery books •, whereby all their proceedings may be regu- lated in time coming. Likewise 'tis recommended to every kirk- session to obtain an extract of these acts. — Act Sess. 26.Dec.20, ydss, 1638. This innovated by the following acts. in. An overture, that some commissioners be appointed to visit and peruse the whole acts of general assemblies, and to mark such acts as are for the use of the kirk in general, and to extract tht same out of the registers, to the effect, that after they are tried they may be printed, according to the old act of assembly at Edinburgh, March 7, 1574, Sess. 9, is allowed and remitted to the care of the presbytery of Edinburgh, and they * See Novations. Acts of assembly, J5? to report to the next assembly. — Act Sess. 22. Aug. 29. Ass, 1639. Art \. IV. 'Tis recommended to every parish and session, to buy the printed acts of the assembly •, and presbyteries are ordained to crave account thereof from all ministers, before their going to provin- cial assemblies; and appointed, that every provincial assembly crave account from presbyteries in their trials, if every session be so pro- vided, and that they try the diligence of presbyteries and mini- sters used for that effect. — Act Scss. IS. Fch. 12. Ass. 1645. V. 'Tis enacted, That when any thing of public concern and great weight is proposed to the assembly,^ to be past as overtures or acts, for a standing rule to the church, after the first reading, it be delayed till the next day of the assembly's sitting, and lie on the table to be seen and considered by all the members; and likewise, when any thing is past as overtures by the assem.bly, that all and every presbytery read them publicly in their pres- byterial meeting once before the first meeting of the synod next after the assembly, and consider them; and that this be re- corded in their presbytery book, and enquired into by their sy- nods in visiting presbytery books. And 'tis recommended to all presbyteries to send in an account of their judgment and opinioa thereanent, with their com.missioncrs to the assembly, in writ, but as briefly as may be, and the overtures to be printed after the acts. And 'tis appointed that each minister and kirk-session have a copy of all the printed acts of the assembly; and that en- quiry be made into this at presbyterial and -^ynodical censures, and their diligence recorded. — Ac -16; i^si. 1700. VI. 'Tis recommended to the several presbyteries and kirk- sessions, who want the acts of former assemblies, to furnish thein- selves therewith ; and the a-cnt for the kirk is appointed in all time coming, after every assembly, as soon as the acts thereof shall be printed, to transmit as many copies of the same to every presbytery within the kingdom, as will serve them, and each parish witliin their bounds ; and both presbyteries and sessions 6 ACTS OF ASSEMBLY. — ADDRES?. are ordained, at their first meeting, after receiving the said act?, to cause read the same, at least so many of them as are of public concern, and which relate to themselves, in order to their ob- serving thereof; and all this to be upon the charges of the se- veral presbyteries and sessions: And synods are enjoined to en- quire at presbyteries, how this act is observed, and cause mark their diligence thereanent in their books : And the commission is appointed to use their endeavours that this act be made effectual, and duly observed by these concerned. — ylct 18. j^ss. 1705. VII. 'Tis enacted. That no act rescissory of any standing acts of the general assembly be passed, until such acts rescissory be first transmitted to presbyteries, and their general opinion had for rescinding the same. — Jet S. jiss. 1736. VIII. Act Sess. 18. Feb. 12. Ass. 1645 {a), Act 16. Ass. 1100 (h), and Act 18. Ass. \l05(c)i are revived in Jet 7. Jss. 1773. IX. 'Tis resolved, That the assembly take two hundred copies of the printed acts annually, viz. one for the moderator and one for the clerk of each presbytery, one for each synod and one for each university, and one for the faculty of advocates : And 'tis ordered, That the acts be left at the Society's Hall, and presby- teries and synods send for their copies on or before the 1st day of December annually, certifying if they do not send for them on or before that day, they will be sent by post at their expence. And farther, when they do send for their copies, they shall send a receipt therefore, that the clerks of assembly may have evidence of their being delivered. — ylet 12. Ass. 1119. ADDRESS*. I. Address by the assembly to King William, upon the occa- sion of the peace concluded at Reswick, betwixt his Majesty and his Allies, and the French King. — Jet ^. Jss. 1698. * See Hepresentalion. Abjuration. {a J Supra, 4. fhj Ibid. 5. fcj Ibid. 6. ■ TI. Address by the assembly to Queen Anne, representing the church's grievances from the extraordinary growth of Popery, the disorders of some of the Episcopal clergy, and the abounding of immorality and profaneness, and begging redress. — Act 8. -^jj. 1703. III. Address by the assembly to the Queen, humbly thanking her for her tender care of this church, and for her gracious an- swer to the address of their brethren, the distressed and perse- cuted Protestants of France. — Jet 18. Ass. 1707. IV. Another address, congratulating her Majesty upon de- feating the late attempt of an invasion from France in favour of the Pretender. — Act 5. Ass. 1708. V. The assembly addresses the Queen, begging, that she would give countenance to such requests as might be laid before her, by their Commission, for a redress of the church's grievances, and interpose her royal authority for that end. Act IS. ylss. 1712. VI. The assembly, in an address, congratulates her Majesty, upon her recovery from a late indisposition. — Act ^. Ass 1714. - VII. The assembly, by an address, lays before her Majesty, the extraordinary growth of Popery, and insolence of Priests and Papists, by avowedly keeping, and resorting to, chapels and mass- meetings, and also the disorders of some of the Episcopal clergy. They vindicate themselves from the aspersions of disloyalty cast upon them by those who are disaffected to the Protestant suc- cession and church establishment ; and they regret the abound- ing of error and profanity ; and humbly entreat for a vigorous execution of the laws against Popery and profaneness j and that all practices and attempts against religion and the church establish- ment might be prevented and punished. — Act 12. Ass. 1714. VIII. The assembly, in an address, congratulates his Majesty King George (I.) in most aftectionate terms, upon the suppression of the rebellion. — Act G. Ass. 1710". IX. The Assembly presents an humble address to the King respecting the growth of Popery, with a large memorial of pai- ticular instances of the increase of that evil.. — Act 6. Ass. 1722. X. The assembly, in another address, declare their detesta- tion of the execrable conspiracy against the King's person' and government, approve of an address by the Com.mission, and ex- press their joy, that it had pleased God to assist in making a seasonable discovery of the design. — Act^. Ass. 1723. XI. The assembly address the King, giving him a particular representation of grievances from Papists, and the irregular practices of the nonjuror and prelatical clergy. — Act \\. Ass. 1727. XII. The assembly, in an humble address to the King, (George II.) express their sorrow for the death of the late King-, and declare their joy and satisfaction on the present King's quite and peaceable accession to the tlirone. — Act A:. Ass. 1728. XIII. Another address congratulating the King upon the marriage of the Princess Royal with his Serene Highness the Prince of Orange. — Act^. Ass. HS*. XIV. Another congratulatory address to his Majesty on oc- casion of the marriage of the Prince of Wales with her Serene Higliness Augusta of Saxe Gotha. — Act 4. Ass. 1736. XV. The commissioners appointed by the general assembly address the King for a repeal of the act of the 10th of Queen Anne, establishing the right of patrons to present to vacant churches, and a. restoration of their privileges mentioned in the act of union. — Act 6. Ass.l'iZG. XVI. An address to the King on the success of his arms against the Spaniards; and particularly on the victory at Car- thagena. — Actl. Ass. 1741. XVII. The assembly, in an address, testify their abhorrence of the intended invasion of his Majesty's kingdoms; declare their loyalty, and their resolution to support his government, the great bulwark, under God, of their religion, law, and hberty.— » 4ct S. Ass. \1 \^^!, ADDRESS. 9 XVIIT. In another address, the general assembly declare • their detestation of the unnatural rebellion ; and congratulate his Majesty on the success of his arms over the rebels. Act 5. Ass. 174-6. XIX. The assembly, in another address, congratulate the King on the return of national tranquillity; they express their regard to his person and government, and testify their satisfac- tion in the success of his councils and arms, which, through God, secured to them the undisturbed exercise of the best re- ligion, and the full enjoyment of a British Constitution. — Act 8. Ass. 1749. XX. Another address congratulating the King on the birth of a Prince in his House, the son of their Royal Highnesses the Prince and Princess of Wales. — Act 7. Ass. 1750. XXI. The assembly address the King on the occasion of his declaring war against France ; giving him the assurance of the loyalty of the people of Scotland. — Act 4. Ass. 1756. XXII. An address in which the general assembly congra- tulate the King on the signal successes with which God hath blessed his arms since their last meeting — Act 4. Ass. 1760. XXIII. The assembly, in affectionate terms, address his Ma- jesty (George HI.) expressing their sorrow for the death of his royal grandfather -, and declaring their satisfaction on his quiet and peaceable accession to the throne of his fathers. — Act 4. Ass. 1761. XXIV. XXV. XX\^I. The general assembly. In an address, congratulate the King on ]\is nuptials with a Princess of illustrious birth and eminent virtues : And in one to the Queen congratulate her on her arrival in these kingdoins, and on her marriage with a monarch who by his virtues and government has acquired the af- fection and confidence of his subjects : And in another assure the Princess of "Wales of their sincere joy at the union of the King her son with a Princess of exalted birth and amiable en- dowTnents. — Acts 6, 7, 8. Ass. 1 762 C 10 Address. XXN'^II. XXVIII. The assembly address the King, expressing their warm congratulations on the re-establishment of peace, after along, successful, yet burdensome war; and present to their Ma- jesties'their humble congratulations on the birth of the Prince of Wales.— ^c^j 4, 5. ^ss. 1763. XXIX. The assembly again address the King expressing their concern for the spirit of dissention which then disturbed the seat of government, and alarmed the remotest parts of the king- dom ; and declaring 'their sincere attachment to his person and family. — ^ci 4-. j^ss. 1769, XXX. The assembly, in an affectionate address, congratu- late the King on the birth of a Princess. — y!lct 4. ^ss. 1770. XXXI. In another declare their joy on the birth of a Prince. — ^r? 4. ^ss. 1773. XXXII. And in another on the birth of a third Prince. — ^c/4. ^ss. 1774. XXXIII. In a warm address, the assembly present their sincere condolence on the untimely death of his Majesty's sister, the kte Queen of Denmark.^ — ^ct 4. ^'4ss. 1775. XXXIV. XXXV. The assembly, in loyal and affectionate ex- pressions, address the King on the situation of affairs during the war in North America : And, in another address, congratulate him on the birth of another Prince. — ^cis 4, 5. y^ss. 177G. XXXVI. XXX\ai. XXXVIII. XXXIX, XL. The assem- bly, in acts 4. of assemblies 1777, 1778, 1779, 1781, 1782, address the King, congratulating him on several additions to the Royal Family; and expressing their loyalty and affection during the contest in North America. XLI. XLII. The assembly, in expressions of attach- ment, address his Majesty on the conclusion of the American war, and the return of peace and tranquillity to the kingdom ; and on the birth of a Princess. — y^ct 4. Assemhiies 1783, 1784. XLIII. Another address congratulating the King on the effects of those measures which prevented the nation from being r Address, 1 1 involved In war ; and declaring the assembly's resolution of commemorating the anniversary of the Revolution in 1G88. — > Act -k Ass. 1788. XLIV. XLV. The assembly in two addresses, couched in the! most affectionate expressions, congratulate their Majesties on the King's recovery from an alarming illness. — Acts 4, 5. Ass. 1789. XL VI. XI.VII. XLVIII. The assembly, in act 4, assembly 1792, address the King on the marriage of the Duke of York; And in acts 4, assemblies 1793, 1794, address him on the sub- ject of the war with France. XLIX. L. The assembly address the King and Prince of Wales on the marriage of the latter. — Acts 4, 5. Ass. I795i LI. LII. In loyal, dutiful, and affectionate terms, the assembly address the King on his late preservation when attacked upon his way to the house of Peers j and in another congratulate him on the birth of a Princess, daughter to the Prince and Princess of Wales. — Acts 4, 5. Ass. 179G. LIII. Another address on the marriage of her Royal High- ness the Princess Royal, with his serene Highness the Hereditary Prince of Wirtemberg Stutgard. — Act 4. Ass. 1797. LIV. Another address, in most loyal and dutiful expres- sions, on the subject of the present arduous contest in which the nation is engaged with France.-^v^c^ 4. Ass. 1798. LV. The assembly, in loyal terms, address his Majesty on the situation of public affairs during the present French war. — Act 4. Ass. 1 799. I-VI. LVII. LVIII. Another address conceived in warm and affectionate expressions on the King's providential escape from the hands of a traitorous assassin : Another on the present posture of public affairs, in acts 3. 5. Ass. 1800 : And another on the si- tuation of public affairs. — Act 4. Ass. 1801. C2 12 ADVISING OF CAUSES.— ANNEXATIONS- ADVISING OF CAUSES. After depositions are ended, and parties removed, the judi* catory at the same, or some after diet thereto appointed, are to advise the cause j and in doing thereof to reason calmly, speaking always to the moderator one after another, without interrupting one another, using no reflecting language to, or of one another, and no tedious harangues or digressions. — Form Proc. cab. 2» \\5, ActU. Ass. 1707. ANNEXATIONS. I. The presbytery of Sky adjoined to the provincial synod of Argyle. — Act Sess. 7. Aug. 3. Ass. 1642. II. Ordered, That the entry and possession of the new erected presbytery of Biggar, consisting of the twelve kirks mentioned in the act, be then presently, and that the kirk of Biggar be the pres- bytery seat ; and 'tis referred to the commission to determine to what synod that presbytery s^iall be subordinate, and to pre- scribe the order and solemnities that shall be necessary, for entering and possessing the ministers and elders of the said pres- bytery.— Act Sess. 5. ymie 3. Ass. 1644. III. The presbyteries of Kirkwall in Orkney, and Scalloway in Zetland, are joined to the provincial of Caithness and Suther- land, and the same is to meet only once in the year, in re- spect of their great distance and the interjection of seas; and the place of their first meeting is appointed by the act; but 'tis left to the provincial itself, to appoint the place of their after meet- ings. Act Sl'ss. 11. June 15. Ass. 1646. • IV. The presbytery of Zetland is disjoined from the jrf-ovincial of Caithness and Orkney, and the said presbytery subordinated immediately to the general assembly; for which cause, their com- missioners are to be sent to each assembly the more carefully: And 'tis recommended to them, that they send to the next as^ sembly a particular information of the quality ;in Holme, South Ronaldsay, Eire, and Rendal are united into one presbytery, called Kirkwall; to meet at Kirkwall. The parishes of Birsay and Harray, Firth and Stcnhouse, Orphir, Sandwich and Stromness, Gramsay and Hoy are united into one presby- tery called Cairstoun; their ordinary meetings to be at Cairstoun. The parishes of Rousay, Egilshay, Westray and Papa Westray, Cross Parish, Burncss and North Ronaldsay, Lady Parish, Stron- say and Eday, and Shapinshay to continue their meetings as for- merly at Eday, and to retain the name of the presbytei^ of the North Isles. And these three presbyteries are erected into a synod, called Orkney; to meet at Kirkwall. — Act B. Ass. 1725. XIII. The parishes of Diurness, Edrachilles, Tong, and Far are disjoined from the presbytery of Caithness, and the parishes of Ivildonan and Assint from that of Doniock, and erected into- , ANNEXATIONS. 15 a presbytery called Tong ; to meet at Tong. The presbytery of Dornock is disjoined from the synod of Ross, and, along with Caithness and Tong, erected into a synod, called Caithness and Sutherland, to meet at Dornock and Thurso per vices. — Act 4. Ass. 1726. XrV. The parishes within the isles of Mull, Tiree, and Coll, and the country of Ardnamurchan, Sunnard, and Morvcn, con- sisting of six ministerial charges, viz. Torosay, Morven, Tiree, Ardnamurchan, Kilfinichcn, and Kilninian are erected into a presbytery, named Mull, to meet at Arras in Mull : And the parishes of Lismore and Appin, Ardchattan and Muckairn, Kilmoir and Kilbride, Kilbranden and Kilchatten, Kilninver and Kilmelfort are erected into a presbytery called Lorn; their place of meeting Kilmoir. — Act 5. Ass. 1729. XV. Presbyteries are discharged from consenting to, or con- niving at the suppression or annexation of parishes, without the consent or approbation of the synod of the bounds, or the ge- neral assembly. — Act 5. Ass. 1740. XVI. The parishes of Lochs, Stornoway, Barfas, and I^i;j, are disjoined from the presbytery of Long Island, and erected into a presbytery, called Lewis, to meet at Carlaway : And the parishes of Harris, North LTist, South Uist, and Barra arc erected into another presbytery, named Uist; their ordinary meetings to be at Cairinish. — Act i: Ass. 17 ^%2. XVII. The parishes of Annan, Hoddam, Dornocli, Middle- bee, Kirkpatrick, and Gretna from the presbytery of Middle- bee, and the parishes of Cummertrees and Ruthwell from the presby||ry of Lochmaben, are erected into a presbytery named Annan, to meet at Annan. And the parishes of Langholm, Ewes, Westerkirk, Eskdalemoor from the presbytery of Middle- bee, and the parish of Castletoun from that of Jedburgh arc erected into a presbytery, called Langholm; their place of meet- ing Langholm. — ylct 5. Ass. 1743. X^'^III. Synods are prohibited to disjoin any parish from a 16 ArrEALs. presbytery and annex the same to another, without first having the authority of the general assembly ; and that what shall be done in virtue of such authority, be reported to the assembly next following, and their approbation had to any such annex- ation or disjunction. — j^ct 5. Ass. 1745. XIX. The parish of Nenthorn is disjoined from the presbytery of Lauder, and annexed to that of Kelso j and the ministers of Nenthorn declared constituent members of the presbytery of Kelso in all time coming. — Act. 8. Ass 1776.. APPEALS*. » I. That in all time thereafter, no appellations be, leaping over either presbytery or synod, but to ascend by degrees ; as, from the kirk-session to the presbytery, or from the presbytery to the synod, and from the synod to the general assembly; except it be after the synod be past, and immediately before the general assembly, or in the time thereof: And all former acts made to this eiFect are renewed. — Act Sess. 23. Aug. SO. Ass. 1639. II. That the foresaid act anent appellations be extended also to references ; and in appellations and references of particular concernment, if all the parties having interest, have been pre- sent in the inferior judicatory when the appeal and reference was made, then there is no necessity of citation : But in case of their absence, citation of parties is so necessary, that if it be" wanting, appellations and references should not be received. Ite/fiy That conform to former acts of assemblies, appellations post sententiam^ be made within ten days after the sentence, and othei-wise not to be respected. — Overt. Sess. 2. Art. S. 4, 5. A^.l^. 3. Ass. 1643. III. For cleaj-ing the sense of article 5. above mentioned, 'tis declared, That if appellations post latam scntentiam, be not pre- See Transportations. Citation. Assemblies, 3. Appeals. 17 sented to the judicatory when the sentence Is pronounced, the party shall then immediately after the sentence, protest for liber- ty of appeal, as he shall see cause; and accordingly within ten days shall give in his appeal, in writ, under his hand, either to the judicatory, or the moderator thereof, otherwise the appeal is not to be respected. — Act Scss. fiO. Aug. 5. Ass, 1648. IV. That any appeals made in writ under the appellant's hand, with the reasons thereof, in presence of the judicatory appealed from, shall be extracted by the appellant in due form, from the records of the said judicatory, and produced to the judicatory appealed to, at the discussing thereof, with a citation of the parties defenders therein, either apud acta if they be present when the appeal is made, or a separate citation if they be absent; and that all parties, who have immediately after sentence verbally appealed, and protested for liberty to give in their subscribed appeals, with the reasons thereof, within the space of ten days thereafter, according to the former practice, shall, within that space, give in their said subscribed appeals, with the reasons thereof, to the clerk of the judicatory appealed from, notwith- standing it may be up before that time: And likewise, that they shall within the same ten days. Intimate their said appeal, with the reasons of the same, to the moderator of the said ju- dicatory, and leave an authentic copy thereof with him ; which appeals and reasons, are allowed to be reglstrated by the clerk, and summons to be directed by him, for citing the parties de- fenders thereupon; and extracts thereof, with the citation foi-c- sald, are appointed to be produced by the appellants at discussing, to the judicatory appealed to; and the clerk of the judicatory appealed from, is appointed to intimate to the said judicatory, at their first meeting thereafter, that such appeals were given in to him; and all defenders in appeals, who insist upon the discussion thereof, are appointed to produce extracts of the said appeal, and reasons thereof, to tlic judicatory appealed to. And it is D 1 8 APPEALS. declared, That any appeals or insistings thereancnt, otherwise made, shall be rejected. — Act 8. Ass. 1694. V. The appeals and protestations made to the assembly 1 696, from the committee of assembly 1694, for the North, declared to be deserted and fallen from, &c. because not insisted in before that assembly. — Act 26. Ass. 1696. VI. All persons who judge themselves lesed by a kirk-session, may appeal to the presbytery at the passing of the sentence, and should thereupon, according to Act 8. Ass. 1694, ("a^ give in the appeal, with the reasons thereof in writ, to the moderator or clerk of the session, within ten days after appealing, and pro- cure and present extracts thereof to the next meeting of the presbytery thereafter, if there be at least ten free days betwixt the time of appealing and the meeting of the presbytery, and should then insist; wherein if the appellant fail, the appeal ipso facto falls, and becomes null, and he is held as contumacious, and proceeded against accordingly by the kirk-session. Form Proc. cap. 5. ^ 1. When a cause, brought by an appeal to the presbytery, is of a nature that it must at length have come there by the course of discipline, before the final determination thereof J then they may fall upon the consideration of the affair, without insisting much upon the be7ie or 7nale appcllatum, tho' it should seem to be preposterously appealed. Ibid. § 2. But if the kirk session be competent, even to its ultimate decision, and there be no good ground whereon to appeal, the presbytery is not to sustain the appeal. Ibid. ^ 3. If the presbytery do not sustain the appeal, and find there hath been some fault, passion, or culpable mistake in the appellant, the presbytery is to inflict some censure on such appealers as they find to have been malicious or litigious; and that besides remitting back to the session, to stand either to the censure of the session, if it be inflicted already, or to sist (a) Supra, 4. APPEALS. 19 themselves during the process If It be depending. Ihid. § 4. If the appeal be sustained, and yet upon proceeding on the cause the presbytery find the appellant censurable, then, whatever censure be inflicted to remove the offence he hath given to the presbytery, yet, if found guilty, he is to undergo a cen- sure, either before the kirk-session, or the congregation he be- longs to, such as the presbytery thinks he deserves. I/'iJ. ^ 5. If the presbytery find the session has proceeded unwarrantably, and that thereby the appellant is lesed, he is not only to be as- soilzied, but the presbytery is to do what is proper and efi'ectual to vindicate his Innocence, and wipe off the scandal taken at him. Ibid. § 6. But this Is to be done with great prudence, that the session's authority may not be weakened, if it can be avoided. Ibid. § 7. But the presbytery may give the minister and elders suitable injunctions and rules, or private admonitions, or may re- vise their register. Ibid. § 8. The same mjethod is to be follow- ed in appeals from presbyteries to synod?, and from synods to general assemblies. Ibid. § 9. An appeal should slst execution only while it is duly and diligently prosecuted, and may be de- termined; otherwise not, unless the judicatory appealed to, re- ceive the appeal, and take the affair before them; and In that case, the judicatory appealed from, is to sist until the appeal is discussed. — Ibid. § 10. Jet 11. Jss. 1707. VII. In explanation of the above ^10. cap. 5. Form Proc. 'Tis appointed, That in all time coming, an appeal shall stop the finishing of the settlement of a parish by an inferior judicature, until it is either fallen from or discussed: Nevertheless a presby- tery may proceed to take trials, serve the edict, and to all the other previous steps towards the settlement, only the ordination or admission shall stop until the appeal be discussed. — Jet 5. Jss. 1732. D 2 20 ARMY. ARMY. I. That all colonels find caution for maintaining a minister, and keeping a session in their regiments.— ^r^ Sess, 7. ^ug. 3. Jss. 1642. II. Act laying down a method for the more duly supplying of the regiments in the army with ministers, and the relieving of such as are sent. — Sess. 6. yune 3. j4ss. 1644. III. 'Tis recommended to ministers, kirk-sessions, and others concerned, where any of his Majesty's forces are, or shall be ordered to be quartered, to provide them Avith convenient seats for hearing with the said congregations, and to inspect and noticq them, as they do other parishioners, during their abode there; and if need be, to apply to the commanding officers, for taking care, that inferior officers and soldiers attend ordinances, and walk inoffensively. And 'tis recommended to the commission to see how this is performed, and to fall upon ways to provide the forces with preachers, and, upon application, to settle mini',, sters in regiments belonging to this kingdom.-^ — Act 13. Ass. 1697. IV. Ministers, kirk-sessions, and presbyteries are appointed to apply to the magistrates of the bounds, and also to the com- manding officer in the place, from time to tiine, as need requires, and to crave that both officers and soldiers under scandals, may be obliged to submit to the discipline of the church, according to law and her INIajesty's gracious proclamation against profane- ness: And if this shall be refused or delayed, the assembly ap- points the matter to be laid before the commission, that they may do further therein what the law directs. — Aci 5. Ass. 1710. V. Kirk -sessions arc advised to proceed, without delay, against soldiers under scandals, so soon as the scandal breaks out: and in case the soldiers guilty be removed from their bounds, be- fore any scandal breaks out, or during the dependence of the ARTICLES OF PERTH. 21 process against them, 'tis allowed, That the scandalous soldiers satisfy church discipline in the parish where they are quartered for the time : and the kirk-session of that parish is to report what is done, to the kirk-session of the parish in which the scandal broke out, or where the process was commenced, that they may cause intimate the same in their congregation. And church judicatures are advised to proceed with all tenderness and pru- dence in dealing with strangers, so that the ends of church dis- cipline may be reached.- — Act 13. Ass. 1712. ARTICLES OF PERTH*. The five articles concluded in Perth assembly, vi^. 1 . That the sacrament of the Lord's supper be celebrated by the people on their knees — 2. That it be privately administrated to persons on death-bed, three or four being present to communicate with them, and a place convenient, and all things necessary decently provided — 3. That baptism, when great need shall compel, be ad- ministrated in private houses, and declaration made thereof ne::t Lord's day in the congregation — d*. That ministers catechise all young children of eight years of age, and that the bishops, in their visitations, cause present them to them, and bless them vv^ith prayers and imposition of hands — and 5. That the days of our Lord's birth, passion, resurrection, and ascension, and sending down of the Holy Ghost, be observed by the ministers, in com- memoration of these inestimable benefits — are declared to have been abjured by this kirk, in their Confession of Faith, as it was meaned and professed in the years 1580, 1581, 1590, 1591, and so ought to be removed out of it; and all disputing for, or observing of, any of them, in all time coming, is prohi- bited and discharged ; and presbyteries ordained to proceed with the censures of the kirk against all transgessors : And the * See Evils of the Kirk. 1>2 . ASSEMBLIES. several acts of parliament and general assemblies, heads of our Confessions of Faith, and books of discipline, disapproving and condemning the substance of these articles, arc resumed in Jet Sess. 17. Dec. 10. Jss. 1638. ASSEMBLIES*. I. Tlie six pretended assemblies, viz. at Linlithgo^v, 1606 and 1608 5 Glasgow, 1610; Aberdeen, 1616 •, St. Andrew's, 1617; and Perth, 1618, are annulled and condemned as unlawful, and the reasons thereof set down at large, in Act Sess. 12. Dec. 4. Jss. 1638. II. Tis declared. That by divine, ecclesiastic, and civil war- rants, this national kirk hath power and liberty to assemble and convene, in her yearly general assemblies, and oftener, pro re natOy as occasion and necessity shall require ; and the diet of the next assembly is appointed, and all presbyteries, universities, and burghs, are warranted to send commissioners for keeping the same ; and power is given to the presbytery of Edinburgh, p?-o re natoy and upon any urgent and extraordinary necessity (if any happen betwixt and the diet of the next assembly) to give ad- vertisement to all the presbyteries, universities, and burghs, to send their commissioners for holding an occasional assembly : And if, in the mean time, it shall please his Majesty to indite a general assembly, all presbyteries, universities, and burghs, are ordained to send their commissioners for keeping the time and place which shall be appointed by his Majesty's proclamation. — Act Sess. 26* Dec. 20. Ass. 1638. III. All references, appeals, and complaints, that shall be made in time coming to the assemblies of this church, ai*e appointed to be lodged in the clerk's hands, on or before the second or third * Sec Evils of the Kirk. Propositions for Kiik Government. Confession of Faitb.. Absents. Commissioners. ASSOCIATING IN PRESBYTERIES. ATHEISM. 23 days of the assembly's meetings, with certification,That all appeals and complaints not so lodged, shall be held as deserted and fallen from, and shall not thereafter be received, unless upon the first opportunity, the parties concerned make it appear to tlie as- sembly, that insuperable difficulties did withhold them from lodg- ing the same, in manner above set down ; and the clerks of the several judicatories are enjoined, to transmit to the clerk of the assembly, within the time foresaid, all references made by the respective judicatories to the general assembly. — Act 7. Ass. 1718. ASSOCIATING IN PRESBYTERIES. The ministers of different presbyteries, associating in pres- byteries allowed and approven, ay and until the vacancies of the said presbyteries be filled; and they are declared to have the authority and power of presbyteries respectively; and that not- withstanding, according to the old platform, the said mini- sters do reside in the bounds of dlfTerent presbyteries. — Act 8. Ass. 1690. ATHEISM*. I. It is seriously recommended to ministers of the gospel, and they are enjoined, where there is any apparent hazard of contagion fi'om the atheistical principles of such as only go under the name of deists, to warn and guard the Lord's people against that infernal course,and to detect the abominableness of thetenets of thesemen; such as, the denying of all revealed religion, the grand mysteries of the gospel, viz. "The doctrine of the Trinity, the Incarnation of the Messiah, his satisfaction to justice, salvation thro' him, justification by his imputed righteousness to them who believe in his name, the resurrection of the dead; and In a word, the ccTtalnty and au- * See Gross Scandals. S* ATHEISM. BAPTISM. thority of scripture revelation: As also, their asserting, that there must be a mathematical evidence for each purpose, before we can be obliged to assent to any proposition thereanent; and, that natural light is sufficient to salvation." And 'tis required, that the authors that treat well of these subjects, be named to the people, in order to perusal. As likewise, that ministers deal seriously with the seduced, and such as are mostly in hazard of being perverted, but especially, with seducers and impostors, that, after sufficient instruction and admonition, these may be proceed- ed against, as scandalous and heretical apostates use to be. And all ministers, and other members of this church, are discharged from publishing or venting either by speaking, writing, printing, teach- ing or preaching, any doctrine, tenet, or opinion, contrary to, or inconsistent with, the Confession of Faith of this church, or any article, part, or proposition therein. And all such as contraveen this act, or any part thereof, are appointed to be censured by the church, according to their demerits. — Act 21. A is. 1696. II. It is recommended to all ministers and church judicatories, to observe and put in execution the above act 21. Ass. 1696. — Act IT. Ass. 1697. B BAPTISM*. I. That the sacrament of baptism be administered in the face of the congregation, that what is spoken and done, may be heard and seen of all; and that it be administrated after sermon, before the blessing. — Act Sess. 14. Feb. 7. Ass. 1645. * See Beggars, i. Articles of Perth. Communion. Remedies Domestic. Lord's Supper, 3. BAPTISM. EECGARS. 25 II. 'Tis declared, That children born within the verge of the visible church, of parents, one or both professing the Christian religion, have a right to baptism; and that no other sponsor but the parents is to be taken unless the parents be dead, or absent, or grossly ignorant, or under scandal, or contumacious to dis- cipline, such being unfit to stand as sponsors, in transacting a solemn covenant with God; in which cases, the immediate pa- rent, who is in such circumstances, is to be recjuired to provide some fit person; and, if it can be, one related to the parent of the child, should be sponsor. But if either of the parents, whether father or mother, give evidence to church judicatories, and the congregation offended, of their repentance, for removing the scandal, the suspension they were under as to church priviledgesj should be taken oti\ according to the rules of this church, and the penitent person be allowed to present the child. In the case of children exposed, whose baptism after enquiry cannot be known, the kirk-session is to order the presenting of the child to baptism, and to see to the Christian education thereof; and 'tis recommended to the parish, to see to the maintenance of the child; the parent or sponsor ought to speak to the mini* ster of the parish, before the child be offered to baptism.— >^cf 4. Jys. 1712. BEGGARS. I. 'Tis recommended to presbyteries, to consider of the best means to get tjje children of ordinary beggars baptised, and to prevent their own living in so great vilci"»ess.' --Aci Scss. ult. Sept. 1. Ass. 1047. II. 'Tis recommended to presbyteries, to apply to the justices of the peace, and other magistrates, to put in execution the laws concerning the poor, and vagrant beggars, and to provide work and maintenance for them. — .^c^ 11. ^J^.^. 1711. III. 'Tis recommended to ministers, kirk-sessiohs, j>rcsby- E 26 BIBLES. teries, and synods, to take effectual care, and use all due means to get every parish to maintain its own poorj and to make application to sheriffs, justices of the peace, commissioners of supply, and heritors in their respective bounds, and to magistrates of burghs, that the laws against vagrant and sturdy beggars, be put in vigorous execution. And 'tis further enjoined on synods presbyteries, kirk-sessions, and ministers strictly to observe Act 19. Ass. 1696. (a)— Act 7. Ass. 1724. BIBLES*. 1 . 'Tis appointed. That a letter of thanks be written to the contributors to the fund for Irish bibles, new testaments, and catechisms. 2. 'Tis thought needful, that there be an advance of ^1000 Scots more, and that their Majesties privy council be sup- plicated therefore, out of the vacant stipends of the churches whereof the King is patron. 3. 'Tis recommended to the kirk- sessions, heritors, and others concerned in the Highlands, to see the act of parliament anent the erecting of schools in every parish, duly executed, and the funds established by law for the same made effectual. 4. That the agent for the church receive the. foresaid /[1 000, and deburse the same at the sight of the ministers named in the act; and also receive the books above mentioned, being 3000 bibles, 1 000 new testaments, and 3000 catechisms, from London. 5, That the members of that as- sembly, from the several synods, having Highland parishes in their bounds, do meet and appoint some to receive 'and proportion the said books, among the respective parishes. 6. 'Tis recom- mended to the ministers concerned in the Highlands^ to dispatch tlie whole paraphrase of the Irish psalms to the press, and if the * See Libraries. Bourignlonism, 4. (v) Charity, x. BILL. — BOND. — BOOKS ERRONEOUS. 2? principal copy can be recovered to expede the same; but any any other copy they have, being revised and approven by the synod of Argyle, that the same be printed. Act 11. Ass, 1690. BILL. That all bills whatsoever of particular concern, whcreunto all parties having interest are not cited, be rejected. Item^ that all bills be first presented to the inferior judicatories of the kirk, who may competently consider of them, and from them, be or- derly and gradatim brought to the assembly, according to the order prescribed for appellations in the assembly at Edinburgh 1639. Sess. 23. Aug. 30. {a) Overt. Sess. 2. Aug. 3. Ass. 164-3. BOND*. The oath, called, « The Bond" and bonds of the like nature declared unlawful, and the subscribers not astricted by their oath to the tenor thereof. — Act Sess. 17. Aug. 9. Ass. 1641. BOOKS ERRONEOUS. I. All members of this kirk and kingdom, are inhibited and discharged to converse with persons tainted with the errors of Independency and Separation ; or to import, sell, spread, vend, or disperse their erroneous books or papers: But that they be- ware of, and abstain from books maintaining Independency and Separation ; and from all Antinomiany Anabaptist ical^ and other erroneous books and papers: And all ministers are required to warn their flocks against such books in general, and particularly, such as arc most plausible, insinuating, and dangerous; and to •* See DcclaratioDw ^ (n) Appeals, ^ 28 BOUNDS OF JURISDICTION. try carefully from time to tinic, if any such books be brought into this kingdom from England, or from beyond seas, (which is especially recommended to ministers on the sea coasts, or in towns where any stationers are) and if any be found, to present the same to the presbytery, that some course may be taken to hinder the dispersing thereof. And all presbyteries are ordained to try and process such as shall transgress against the premisses, or any part of the same ; and it is seriously recomip.ended to civil magistrates to assist ministers and presbyteries, in the execution of this act, and to concur, with their authority, in every thing to that effect. — Act Sess. 27. Ai/g, tilt. Ass. 1647. II. That presbyteries take special notice of any book or pamph- let framed, contrived, printed, or published by any minister of this church; and examine if there be anything therein contrary to the doctrine, worship, discipline or government, or prejudicial to the rights and privileges or unity of this chureh; and that they censure transgressors according to the demerit of the cause. ■^A:t 7. A's. 1707, III. 'Tis earnestly recommended to ministers to exercise the vigilance, and to exert the zeal, which becomes their character, to preserve those under their charge from the contagion of these abominable principles of infidelity and immorality, which are openly avowed in books published of late in this country, and to stir up in them a solicitous concern to guard against them, and against the influence of those who are infected with them. — Act i: Ass. 1755, BOUNDS OF JURISDICTION, The kirk^session of the parish in which a scandalous person resides, should be desired to cause cite that perspn, to answer before the kirk-session in whose bounds the scandal happened; and the same course is to be folfowed in such cases by other church judicatories: For they should not presume to cxcrcisf DOURIGNIONISM. 29 that authority without their own bounds. — For?7i Proc. cap. 1. § 6. Jet 11. Jss. 1707. BOURIGNIOKISM. I. The writings that go under the name of Madame Antonla Bourignon, found to be freighted with impious, pernicious, and damnable doctrines: Such as, 1. Denying the permission of sin, and the infliction of damnation and vengeance for it. 2. Ascribing to Christ a twofold human nature, one of which was produced of Adam before the woman was formed, and the other born of the Virgin Mary. 3. Denying the decrees of elec- tion and reprobation, and loading these acts of grace and sove- reignty with a multitude of odious and blasphemous expressions, particularly wickedness, cruelty, and respect of persons. 4. As- serting, that there is a good spirit, and an evil spirit. In the souls of all men before they are born. 5. Maintaining that the will of man is unlimited, and that there must be In man some infinite quality, whereby he may unite himself to God. 6. Denying the doctrine of divine prescience. 7. Asserting the sinful corruption of Christ's human nature, and a rebellion In Christ's natural will to the will of God. And 8. Asserting a state of per- fection In this life, and a state of purification in the life to come; that generation takes place In heaven; that there are no true clu-Istlans In the world; and several other errors contained in the said book- -^nd ratifying and confirming the sentence of suspen- sion past by the commission of assembly 1700, against Dr. Geo. Gardin In Aberdeen; and further, actually deposing him from t le ofHce of the ministry, and prohibiting and discharging him from exercising the same, or any part thereof, In all time coming, under the pain of the highest censures of the church, for his being led away by a spirit of error and very gross delusion, and infected with the foresaid Impious, Ulasphemous, and damnable errors. — Ja 11. J.fs. 1701. 30 uourignionism;. II. The book, entitled, an Apology for Madame Antonla Bou- rignon, of which the said. Dr. George Gardin is alleged to be the author, found to contain a mass of dangerous, impious, blasphemous, and damnable errors, and is therefore condemned unanimously; and 'tis seriously recommended to all synods and presbyteries within this national church, and particularly to the synods of Aberdeen and Perth, to advert to, and enquire anent the sjM-eading of the said errors, and to use all effectual means for preventing the same, conform to the acts of former assemblies made against the spreading of errors, and particularly. Act Sess. 7. Ass. 1647. (a) And 'tis recommended to the said judicatories, that in perusing the said book, and enquiring anent the spread- ing of the errors therein contained, any thing, found to fall un- der Act 11. Sess. 5. Pari. 1695, or under any other acts of par- liament made against blasphemy, be represented to his Majesty's advocate, to tlie effect that the laws may be put in due execution. — Act 10. Jss. 1701. III. 'Tis earnestly recommended to presbyteries, to use all effec- tual means, to prevent the spreading of the dangerous errors of Bourignionism, and other errors, as enjoined by the above Act 10. Ass. 1701, and other acts therein mentioned; and the com- mission is instructed to use all suitable endeavours for tliat pur- pose, and particularly, that care be taken to suppress the meetings of such as are tainted with these errors. — Act 12. Ass. 1709. IV. All ministers, in whose parishes the gross esrors and heresies, going under the name of Bourignionism, abound, are appointed to preach most particularly and faithfully against the same; and all presbyteries, in whose bounds the same prevail, shall oblige all schoolmasters, teachers, governors of youth, and chaplains, within their province, to subscribe the confession of {a J Books Erroneous, i. BOWING IN THE PULPIT. SI faith, as the confession of their faith; and if any of the foresaid persons refuse to do the same, the presbytery shall thereupon declare them incapable of such offices, and apply to the heritors and heads of families concerned, in order to their discharging the said persons from the said offices; and in case of their sefusal to comply therewith, that the presbytery send up the names of the foresaid persons refusing to sign the confession of faith, to the commission of assembly, with the names of the parishes and families in which they reside, that the commission may proceed against all such, as they see cause: And all presbyteries, in whose bounds there are any society of Bourignionists, avowed- ly professing these principles and dispersing books contain- ing the same, are ordained to send to the commission an exact and full account of the particular leading persons of the said societies, together with the names and errors of the books they are dispersing; and the commission is enjoined, to take the most eflfectual measures for suppressing the same; and instructed to apply to the government, for hindering incorrect, false, and spurious translations of the bible, to be spread abroad. And 'tis recommended to the professors of divinity within this church, to make a full collection of the errors of Antonia Courignon, and of such other errors as reflect upon the nature, person, and offices of our Lord Jesus Christ, and to write a confutation of the srjnc. —Act 9. Ass. 1710. BOWING IN THE PULPIT^^'. That the minister's bowing in the pulpit, tho' a lawful custcna in this kirk, be thereafter laid aside, for the satisfaction of the desires of the reverend divines in the synod of England, and for uniformity with that kirk. — Act Scss. 14. Feb. 7. Ass. ]Ct5. * See Worship Public, 2- Sa BURGHS. — BURIAL IM KIRKS. BURGHS.* 1. Resolved in the mean time, until the matter concerning commissioners from burghs be further thought upon, that, ac- cording to the ordinary practice, no commission to the general assembly be admitted from burghs, but such as shall be con- sented to, and approven of by the ministry and session thereof; the persons elected being always elders. — Act Scss. 4. July 15. Ass. 1648. II. Recommended to the honourable commission of parliament for plantation of kirks, to provide real and valid security of competent and honest means to ministers in burghs, where they are not sufficiently provided or secured already, and presbyteries are ordained to use all necessary diligence, for the prosecuting thereof before the said commission. — Act Sess. 40. Aug. 1 1 . Ass. 1648. III. 'Tis appointed and declared. That in attesting commis- sions from royal burghs to their representatives in the general assembly, the attestation of any one kirk-session within the electing burgh shall be held as competent and sufficient to all the purposes for which sessional attestations are required. — Act 9. Ass. 1788. BURIAL IN KIRKS. I. An overture for putting in execution the act of assembly at Edinburgh 1588, Sess. 5. against burial in kirks, is referred to the care of presbyteries by Act Sess. 23. 24, Dec. 17. 18. Ass. 1638. Art. 22. II. All former acts and constitutions made against burial in * See Transportations, 1.^9. Commissioners to Assemblies, 8. Commissions to Members of Assembly. BURSARSr S5 kirks ratified and approven; and all persons, of whatsoever quali- ty, iiiliibited and discharged to bury any deceased person within tlie body of the kirk, where the people meet for the hearing of the word, and the administration of the sacraments; or to hang pensiles or boards, to affix honours or arms, or to make any such like monuments, to the honour or remembrance of any deceased person, upon walls, or other places within the kirk, where the public worship of God is exercised, as said is. — ^ct Scss. 9. Aug. U.Ass. 1^43. bursars'*'. I. That every presbytery consisting of twelve ministers, sliall maintain a bursar of divinity; and where the number is fewer than twelve, they shall be joined with these out of another presby- tery whose number exceeds: Where this coiu-se is not al- ready kept, that it be begun without longer delay, and every provincial synod is ordained to give an account of the number of bursars constantly entertained by their pro\ ince, to the next ensuipg assembly. — Act Sess. 15. Attg. 7. Ass. 1C41. Art. 1. II. Presbyteries are ordained to put tlie foresaid overture, for maintaining bursars in practice, with all diligence; and to mukc account thereof to the next assembly. — Aet Sas. 7. yunc 4. Ass. 1644. III. 1. That every bursar of theology have yearly paid him, for his maintenance, £-^^^ Scots, at least. 2. That the said maintenance be taken forth of the kirk penalties, accor- ding to the design of the first act for maintaining bursars. — * Highlands, 2. 5. § 5. Schools, 5. Exercise and Addition, fichoolmastars, 3. Visitations of Kiiks, 2. § Si Christic'.fl Knon'lcdgc, 3. Iri'ih Language, 1.3. i F 54) feUBSARS. 3. That every presbytery consisting of twelve kirks in number, maintain a bursar yearly at the university. 4. That when presby- teries are fewer in number, that they join with other presbyte- ries to inake up that number, and the superplus of the number to be ordered and disposed of by the presbyteries and synods ; and that their books bear records thereof. 5. That the kirks of these presbyteries be proportionally stented, according to the communicants in each parish. 6. That the maintenance be collected by the moderator of every presbytery, by equally divided portions; the one half to be brought to the winter synod, and the other half to the summer synod, to be sent to the bursars; and that the several synods take an exact ac- count thereof, and see that all be rightly done, and that their books bear the report thereof to the general assembly. 7. That the time of bursars abode at the shcools of divinity exceed not four years, which being expired, or in case before the expiring of the said time, any be removed either by death, or by some calling to a particular charge, another be presented to the said benefice. 8. That in case any prove deficient in payment of the said main- tenance for the time to come, that it shall be carefully exacted by the synods, and sent over to the general assembly, to be disposed of by them, as they shall find expedient, so that no person may have benefit from their slackness and neglect. 9. That all bursars of theology bring sufficient testimonials yearly from the universities where they are bred, of their proficiency and good behaviour; and that they be also ready to give proof of their labours to the several synods, if it shall be required; and if they be found deficient, that they be denuded of the said benefice, and others more hopeful placed in their room; and presbyteries, who have not already done it, are appointed to begin and enter upon the maintaining of their bursars, in manner foresaid, in the year IG-to. And 'tis recommended to presbyteries, to make choice of such for the burse, as are of good report, inclined to BURSARS. Si> learning, and have passed their course of philosophy, and to try their qualifiactions before they send them to universities. — Act Sess. 14. Feh. 7. A%s. 1645. rV. The foresaid overtures concerning the providing of bursars for divinity, are recommended to presbyteries and synods; and they are appointed to report their diligence to the next assembly. — AaSt'ss.28. Jug. tilt. Ass. 1647. V, Synods are ordained to crave accounts from presbyteries, at every provincial meeting, how they have obeyed the recom- mendation of preceding assemblies anent bursaries, which, with the presbytery's answer, shall be put upon record; that so the part both of presbyteries and synods, and their negligence or diligence in so pious a work, may be known, by the examination of the provincial books, to each general assembly. — Act Sess, 32. Aug. 7. Ass. 1648. VI. That none be sent to universities from presbyteries, or ad- mitted as bursars of divinity, but pious youths, and such as are known to be of good expectation and approven abilities. — Act Sess. ult, Aug. 6. Ass. 1649. VII. 'Tis recommended to the synods after mentioned, that they maintain bursars of theology having the Irish lan- guage, besides the usual presbytery bursars -, and that out of the ministers' own money, which is to be done as follows, viz. the synods of Lothian and Tweed-dale, Merse and Ti- viotdale, Glasgow and Air, Argyle, Perth and Stirling, and Fife, each of them one; the synods of Dumfries and Galloway one ; and the synods of Angus and Mearns, and Aberdeen one : And 'tis recommended to them, to proportion the quota of the maintenance, to be given to these bursars, amongst themselves; which is at least to be ten pounds sterling, the one half thereof to be collected and advanced at every synod, beginning at the next ensuing synod; and that the synod books bear an account of their diligence in the same; and that each of the said bur^r.;-^ ' F 2 36 BURSAM. continue four years at the profession of theology, as other bursars do; and that all presb3rteries search out for such well qualified young men, as have passed their course of philosophy at some university, and send in their names to the commission of the general assembly, with sufficient testimonials, so that they may be by them recommended to the said synods, and this act to con- tinue during the assembly's pleasure; and for enlarging the said funds, Act 9. (a) Ass. 1699, anent planting the Highlands, is renewed aud revived. — ActS. Ass. 1701. VIII. That the one half of all the bursaries of the presbyteries be-south the Tay, including the part of the synod of Perth that lies be-north the Tay, be paid unto collectors, to be appointed by the respective presbyteries of Edinburgh, Glasgow, and St. Andrews; which presbyteries are to be accountable to their re- spective synods concerned, for what money they receive; the one half thereof to be applied for the education of such youths, as have the Irish language, in philosophy and divinity, at the col- leges of Edinburgh, Glasgow, and St. Andrews; and the other half to be disposed of to Lowland bursars, or such other pious uses, as the respective synods shall think fit: and for this end, the synods of Glasgow, Galloway, and Dumfries, to pay their burses to a collector, to be appointed by the presbytery of Glas- gow, and under their inspection, accountable to their synods: In like manner, the synods of Merse, and Lothian, to the presby- tery of Edinburgh; the synods of Fife, Perth and Stirling, to the presbytery of St. Andrews; and this to begin at October ITOI-, and to continue for four years, and longer, as the general as- ^mbly shall see cause : That to the synod of Argyle (who have a gift of vacancies for training youth) a certain small num- ber of the bursaries payable to the collector, appointed by the (a) HiglJands, 5. BURSARS. 37 presbytery of Glasgow, be allotted, and all the rest for the other Highlands; and that none have the benefit of the said bursaries, but such as bring a testimonial or recommendation, from the synods respectively to which they belong, bearing their having been examined by that synod, and the synod's good hopes of them as sober youths, piously inclined, — well affected to the government of church and state, — that they have the Irish language, — good proficients in the Latin, and such as they judge, may, in due time, prove able ministers of the gospel, or schoolmasters; and that they have obliged tliemselves to em- ploy their talents in these services in the Highlands, either with- in the bounds of the synods recommending them, or some others by their allowance; and that these testimonials be recorded, with their names, and reported to each general assembly ; and the Act 8. Ass. 1701, is renewed, appointed to be observed till the general assembly see cause to recal the same. — Act 13. Ass. 1704. IX. The above Act 13. Ass. 1704-, explained; and 'tis de- clared, that the disposal of all these bursaries, is only in the power of the synods, and not of the presbyteries; and 'tis left to the direction of the several synods, to apply that act either to bursaries then current, or only to such as were vacant at the date of the act, as they find convdiient; and for that end, 'tis recommended to the said synods, to take an account from their respective presbyteries, what burses they have in their bounds, and at what time these burses will fall vacant; and that the presbvterles be joined two and two for making one Lowland burse of their two halves, appointed by the foresaid act for that end: And in case there be an odd presbytery in a synod, that such synod dispose of that odd presbytery's half, to such pious uses, as the synod shall think ^t.—Act 11, Ass. 1705. dS BURSARS. X. Enquiry is ordered to be made; 1. How Acts 9. (a) 16. (h) Ass. 1699, and Act 9. (c) Ass. 1703, are observed. 2. That enquiry be made, what bursars there ai-e having the Irish language, and how the acts made concerning them are obeyed j particularly Acts 13.C.0l4.Cf;Ass. 1704.,andActs5.(;/)ll.C^; Ass.1705, 3. That at each assembly, the names of the Irish bursars be called for, and an account thereof given in to the clerk j as also, what hope there is of their being useful in this church ; and the com- mission is impowered to put this act and the acts above mention* ed in execution, ^ct 14. Ais. 1707. XI. The collections ordered, by Act 13, (h) Ass. 1704, for maintaining bursars, are again enjoined-, and synods are appointed to see this done, and record their diligence in their books; and the said act is revived, until the next Assembly: And 'tis referred to the commission to prepare overtures for the right application and management of the foresaid bursaries for the future, and report to the next assembly, j^ct 14. Ass. 1709. XII. 'TIs enacted, that one half of the whole bursaries of all the presbyteries within Scotland, be applied to the education of such youths, as have the Irish language, in philosophy and di- vinity, at the colleges of Edinburgh, Glasgow, St. Andrews, and Aberdeen, for the space of four years, beginning from the first of October 1710; and the manner of collecting the money to be applied to tha maintenance of the said bursars, is prescribed in the act: And 'tis declared, that the respective synods, to which the said bursaries belong, shall have the choice and presentation of the Irish bursars; and that no person shall have the benefit of either Highland or Lowland bursaries, but such as bring a testi- monial or recommendation from their synods respectively, bear- {a) Highlands, 5. {b) Ibid. 6. {c) North, 21. {d) Supra, S, (<•) Schools, 4. (/) Ibid. 5. [^) Supra, 9. {L) Supra, 8. fcURSARS. 39 ing their having been examined by the synod, and the synod's good hopes of them as sober youtlis, piously inclined, — ^^vell affected to the government of church and state, — that they are good proficients in Latin, and such as they judge, may, in due time, prove able ministers of the gospel, or schoolmasters; and if they be presented to Irish bursaries, bearing that they have the Irish language, and have obliged themselves to employ their talents in these services in the Highlands, eij;her in the bounds of the synods presenting or recommending them, or some other by their allowance; and the foresaid testimonials are ap- pointed to be recorded, together with the bursars names, and to be reported to each assembly; and Act 8, Ass. 1701, (a) and Act 11, Ass. 1705, C^^ are renewed, and appointed to be ob- served until the assembly see cause to recal the same ; and the commission is impowered to enquire, how former recommen- dations about students have been observed, and to take care that students be provided with bursaries, and have all due encourage- ment to prosecute their studies; the said students being always qualified in the terms of this and other acts herein narrated. — Act 10. Ass. 1710. XIII. 'Tis recommended to synods, to admit no more bursars haviug the Irish language, but so many, as to each of whom they are in a condition to pay L.IO ster. at least, and for that end, the bursaries of more than two or three presbyteries, if they be small, are appointed to be joined together, to make up the said sum; and the several presbyteries are appointed to send in to the com- mission, a particular and distinct account of the quotas of their bursaries, subscribed by their moderator and clerk; and the commission is appointed so to proportion the said bursaries in the several districts, as to make at least L. 1 0 ster. to each bursar,' {a) Supra, 7. {h) Supra, 9. 40 Cl'RSA-RS. out of the half of the bursaries appropriated by the acts of as-' sembly for that use ; and the several synods are required, time- ously to fill up their vacant bursaries in manner above men- tioned J and they are ordained to examine bursars, at least once every year, at their meeting in liarvest or winter; and presby- teries are enjoined to pay in punctually their several proportions of the said bursaries; and the names of the deficients are appointed to be given in to the meetings of the commission that im- mediately precede each assembly, and the commission is in- structed to look out for hopeful young men, having the Irish language, in order to be put on trials. — Act 12. Ass. 1712. XIV. Tis recommended to synods and presbyteries, to make particular and exact enquiry into the education, piety, literature, principles, and conversation of those whom they recommend to bursaries ; and that they recommend none, who, they have not ground to believe, will be useful, and who are firm to tlie interests of this church; and such presljyteries, as shall discover any just ground of suspicion in young men, having these bursaries, with respect to these things, are appointed to acquaint the assembly or commission thereof, and also the pres- byteries or synods whose bursars they are, that \£ they be found unworthy, the encouragement they enjoy may be taken from them, and bestowed on persons having the qualifications required by the acts of assembly. — Act 7. Ass. 1714. XV. All synods and presbyteries are enjoined, to prefer students having the Irish language to their bursaries when they vaik, and punctually to pay them their provisions, and to take trial of their proficiency, and to mark their diligence herein in their books; and the visitors of tlic synod and presbytery books, are ap- pointed to take notice how the acts of assembly concerning bursars are observed, and to report the same. And the commissions of the assemblies of this church, are required to see to the obsei'- ration of tlie acts, and to enquire after such students, and re- BURSARS. — CAITHNESS. 41 commend them to bursaries; and all powers given to former commissions, in this matter are renewed. — Act 7. Ass. 1715. XVI. From the multitude of probationers in the church the reason of maintaining bursaries now ceasing, the obligation upon synods and presbyteries to support bursars as students in divinity is superseded until the assembly sec fit to revive the same, and 'tis left to sjmods and presbyteries, meantime, to apply these funds to other charitable and pious uses, as they shall see con- venient ; but 'tis appointed that such as are preferred to bursaries in synods or presbyteries shall enjoy them till their ordinary time be run out. — Act 7. Ass. 1737. XVII. The above Act 7. Ass. 1737, is repealed; and 'tis re- commended to ministers to pay in to the clerk of presbytery yearly the sum of three shillings ster. to be applied for educating students for the ministry having the Irish language. And 'tis ordained, that every student trained for the ministry in the Highlands and Islands upon this fund, when he becomes a mini- ster, preach every Lord's day in English, as well as in the Irish language: And 'tis recommended to ministers now settled in those parts to do the same : And they are appointed to do every thing in their power to have as many schools as they can in that part of the kingdom, so that the English tongue may spread the faster, till it be universally understood and spoken. — Act 7. Ass. 1756. C CAITHNESS*. The advices and Instructions given to the presbyteries of Caith- ness, Orkney, and Zetland, at their erection, are continued; and * See Zetland. Nortli, 4. Commissions of Assemblies Z2. G 42 CALLS. — CALLING OF PARTIES. CAMPVERE. 'tis referred to the commission, to add to, or alter the same, a3 they shall sec cause ; and otherwise to assist the said presbyteries in manner mentioned in Act 7. Ass. 1700. CALLS. I. 'Tis recommended to presbyteries, to think upon some method to prevent competitions of calls j and, in case of such, how to prevent their coming to superior judicatories; as also, a method to prevent the giving of a second call, by a different parish, to any minister or probationer, during the dependence of a prior call from another parish or parishes, and process there- upon, and until the first call and process be discussed. — Act li. Ass. 1708. II. 'Tis declared. That the moderation of a call, in the settle- ment of ministers, is agreeable to the immemorial and consti- tutional practice of this church, and ought to be continued. — Act 7. Ass. 1782. CALLING OF PARTIES*. The moderator is to inform tlie party appearing, of the oc- casion of his being called, and to give him, if desired, a short note in writing thereof, with the names of the witnesses that are to be made use of. — Form Proc. cap. 2. § 7. Act 1 1 . Ass. 1 707. CAMPVERE. I. Resolved, That the Scots kirk of Campvcre be joined to the kirk of Scotland, as a member thereof; and a member of assembly is appointed to write to the minister thereof, to send a minister and elder, instructed with a commission to the next assembly. — Act Sess. 18. Aug. 9. Ass. 1G4-1. * See Citation. CAMPVERE. — CANTON BOOK. 43 n. Some propositions concerning the kirk of Campvere, viz. 1. Their observing of that order in the outward worship of God, and exercise of discipHne, as is received in Scotland by law and practice — 2. Their sending commissioners to the assembly every third year — 3. Their receiving council and advice, in different cases, from the presbytery of Edinburgh, or commissions of as- sembly— and 4. The bearing of their moderator's expences coming hither at the assembly's command ; again enacted and authorised, and appointed to be recorded in the books of the assembly, and the commissions of that and subsequent assemblies of this church, impowered and authorised to act, cognosce, advise, and determine in all affairs belonging to the said kirk and consistory of Campvere, that shall be proposed to, or pursued before them, as their superior judicatory, but recommended to them, to pay the charges of their own commissioners out of their own stock, until the church be in a better capacity to assist them. Act 24. Ass. 1704. CANON BOOK*. The book of canons rejected and condemned, as contrary to our confession of faith, and repugnant to the established govern- ment, the book of discipline, the acts and constitutions of our kirk; and the use and practice of the same is prohibited, and presbyteries ordained to proceed with the censures of the kirk, against all such as shall transgress. — Act Sess. 14. Dec. 6. Ass. 1638. Art. 2. CATECHETICAL DOCTRINE. I. 'Tis recommended to the care of ministers, that besides their ordinary work of catechising, they also preach catechetical doc- ^ * See Evils of ihe Kiik. 44« CATECHETICAL DOCTRINES — CATECHISIHG & CATECHISM. trine, at such times, and in such manner, as they shall find most conducive to the edification of their flocks. — Act 18. Afs 1695. II. 'Tis recommended to the several ministers of this church, punctually to observe the acts of former general assemblies, for preaching catechetical doctrine; and that in their catechetical sermons, they more especially insist upon the great and funda- mental truths, according to our confession of faith and cate^ chisms; such as the being and providence of God, and the divine authority of the scriptures j the necessary doctrine of the ever blessed Trinity in the unity of the Godhead ; particularly, the eternal Deity of cur Lord and Saviour Jesus Christ, and the satisfaction to divine justice made by him, who is our only pro- pitiation; regeneration by efficacious grace; free justification through our blessed surety the Lord Jesus Christ, received by faith alone; and the necessity of a holy life, in order to the obtaining of everlasting happiness; and that they be earnest and instant in their prayers to God, that, thro' his blessing upon their labours, their flocks may be preserved from the infection of dangerous errors, and engaged to maintain a conversation, be- coming the gospel of our Lord and Saviour Jesus Christ, who is God over all blessed for ever. — Act 8. Ass. 1720. CATECHISING AND CATECHISMS*. I. An uniform catechism appointed to be used throughout this whole kingdom, in the examinations before the communion. — Act Sess. 22. Aug. 29. Ass. 1639. Art. 7. * See Visitations Ministerial, § 4. 8. Visitations Presbyterial, I. Worship Private, 2. Remedies particular Ecclesiastic of Sin, § I, 2, 3. licmedies Ecclesiastic against Profaneness, § 6. Highlands, 5. $ 3. ^' § S ^* Universities, 3. § i. Profaneness, 3. § 5. Bibles, § I. 4, Doctrine, i. Witchcraft, 2. § 7. CATECHISING AND CATECHISMS. 45 . II. That every minister, besides his pains on the Lord's day, have weekly catechising of some part of the parish, and not akogether put off" tlie examination of the people, till a little before the communion. — ylct Aug, 30. (^a^ Ass. 1G39. III. The larger catechism, agreed upon by the assembly of divines, at Westminster, with the assistance of conunissioners from the kirk of Scotland, found agreeable to the word of God, and in nothing contrary to the received doctrine, worship, dis- cipline, and government of the said kirk; and therefore approven and agreed unto by the said assembly for their part, as a common catechism for the three kingdoms. — Act Sess. 10. "July 20. Ass, 1648. IV. The shorter catechism, likewise agreed upon by the said assembly at Westminster, with the assistance foresaid, found also agreeable and approven, as said is. — Act Sess. 19. yu/j 28. Ass, I6i8. V. The vending, selling, or using in schools or families, of a little catechism, entitled, " The A, B, C, with the Catechism, that is to say, an instruction to be taught and learned by young children," which contains very gross errors in point of universal redemption, and in the number of the sacraments, is discharged ; and printers are inhibited to reprint the same; and it is recom- mended to presbyteries to take special care, that the said act be obeyed. — Act Sess. eadem, VI. That every jftiinister, with the assistance of the elders of their several kirk-sessions, tnke course, that in every house where there is any that can read, there be at least one copy of the shorter and larger catechisms, confession of faith, and directory for family worship; and the above act of Ass. Aug. 30. 1639, C^^ for a weekly catechising to be constantly observed in every (a) See the rest of this act in Worship Private, i. (b) Supra, 2. + t 46 CENSURES. kirk, is renewed : And it is appointed, that every minister so order their catechetic questions, that, thereby, the people (who do not convene all at one time, but by turns, into that exercise) may, at every diet, have the chief heads of saving knowledge, in a short view, presented to them. And every presbytery is ordained to take trial of all the ministers within their bounds, once at least in the half year, whether they be careful to keep weekly diets of catechising; and if they shall find any of their number riCgligent therein, that they be admonished for the first fault ; and if, after such admonition, they do not amend, the pres- bytery, for the second fault, shall rebuke them sharply ; and if, after such rebuke, they do not yet amend, they shall be sus- pended.— Act July 30. Ass. 1649. CENSURES*. I. 'Tis seriously recommended to the several presbyteries witliin the church, to set up the use of privy censures, conform to the ancient practice of this church; and their diligence tliere- in is appointed to be recorded in their respective registers. Act. 17. Ass. IGO^. II. Notliing ought to be admitted as the ground of a process for censure, but what hath been declared censurable by the word of God, or some act or universal custom of this church agreeable thereto ; and scandals ought to be timeously noticed : But if a scandal be not noticed, in order to censure, for five years, it ought not to be revived, unless it be of an heinous nature, or become again flagrant; but the consciences of such persons * See Schoolmasters, 3. Christian Knowledge, 5. Ministers, I^emedies of their Enormities, ^ 2. Propositions, ^ 3. 4. Com- missioners to Assemblies, 5. Profaneness. Overtures, I. Papists, 6, ^ 5. Appeals, 6. ^ 3, 4. Gross Scandals, 2. ^ i. Unclean- iu;ss, ^ 2. CHAPELS OF EASE. 47 ought to be seriously dealt with in private, to bring them to a sense of their sin and duty. — Form Pioc. cap. 1. § 4. Act 11. jdss. 1707. CHAPELS OF EASE. I. The petitioners for a chapel of ease at Dunfermline are authorised to employ any licentiate or minister of the church of Scotland — They shall proceed to elect on or before the 1st of May next — They are to intimate to the presbytery their resolu- tion, and to request one of their number to preside at the elec- tion; and the presbytery is appointed to comply — If none are appointed, or if the person nominated does not attend, they are authorised to elect by themselves — If the person elected be a probationer, the presbytCTy is appointed to ordain him; if a mi- nister of the church of Scotland, it shall be competent for any of the ministers of the parish, or of the presbytery, to introduce him to the chapel — None are to be elected but such as are of the principles of the church of Scotland with regard to worship, doctrine, discipline, and government, and who subscribe the formula (a) enjoined by this church ; provided the congrega- tion shall remain subject to her jurisdiction — That the money arising from the collections regularly made at the doors of the chapel shall be applied to the maintenance of the poor of the parish — And that before a minister be inducted into the chapel, sufficient security shall be laid before the presbytery for a sum of money not less than ^50 ster. per annum, as his stipend, so long as he continues to officiate in that congregation. — jlct S. y^ss. 1779. II. Tis ordained. That in future, when a petition shall be laid before a presbytery for the erection of a chapel of ease, it shall lie upon the table till their next ordinary meeting; and at that (a) Probationers, 3. 4'$ CHAPELS OF EASE. — CHARITT. meeting, unless It shall appear to the presbytery from the cir- cumstances in which the petition Is oftered, that the erection of the said chapel is unnecessary and inexpedient, they shall cite the minister and kirk-session, the heritors, and, if a burgh, the magi- strates thereof, within which the chapel is intended, to appear for their interest In the subject of the petition, at their next meeting : That such presbytery, after having heard the parties, shall suffici- ently ascertain the circumstances on which the petition is founded; the facts stated as reasons for the necessity or expediency of the measure; the general plan of the chapel; the estimate of the ex- pence of building; the scheme for paying the debts that may be contracted; the plan proposed to dispose of the collections; the names and designations of the persons In whom the property is to be vested; the mode proposed for electing a minister ; the stipend to be provided for him, and the security offered for Its paym.ent ; that such presbytery shall thereafter report the whole above mentioned circumstances of the case, from their minutes, to the next meeting of the general assembly, and shall not pro- nounce any final judgment on the petition, till they shall have received the special directions of the assembly thereon; and that It shaH be competent to the petitioners, and for all parties having interest, to be heard on the subject at the bar of the assembly. — Act 5. Jss. 1 798. CHARITY*. I. Tliat no minister, kirk-session, or elder give recommen- dations for charity to any, without the bounds of their own parishes ; nor presbyteries, without the bounds of their presbyte- ries; nor provincial synods without their bounds: And that any recommendations so to be given within their respective bounds shall be for a definite time. — Act 19. Ass. 1696. See Schools, 5. GHILD-MURDER. — CHILDREN SENT ABROAD. ij) II. 'Tis enacted and declared, That in all time thereafter, no petitions for charity shall be transmitted to, nor regarded by the assembly, unless the petitioners produce therewith ample testi- monials as to their life and conversation; and recommendations from the synod, or presbytery of the bounds Avhere they reside, bearing such persons to be truly objects of charity. — Act 8. Ass. 1710. CHILD-MURDER. 'Tis appointed. That the act of parliament against murdering children be read from the pulpits of each parish, in this church, at least twice every year, and that presbyteries, at their privy censures, make enquiry if the same be done; and 'tis further appointed, that the several ministers of this church cause the said act to be engrossed in their session records, that it may be always at hand, and not lost. — Act 4. Ass. 1762. CHILDREN SENT ABROAD*. I. An overture, that children be not sent out of the country, without licence of the presbyteries, or provincial synods of the bounds where they dwell, referred to the several presbyteries. — Scss. 23. 24. Bee. 17. 18. Ass. 1638. Art. 11. II. That parents, or friends of children or minors, shall, before they send them without the kingdom to be bred, first acquaint the presbytery where they reside, that they may have their testimonial, directed to the presbytery, or class within the king- dom of France, England, or Ireland; and at the time of these children's return from any of the said kingdoms, that they report a testimonial from the presbytery or synod where they lived without the kingdom, of their breeding there, and shew the same to that presbytery within the kingdom, who gave them a tcsti- * See Papists, 3. ^ 2. 6. 4. $ 2, 3, 4, 5. 6. ^ 6. H ^0 CHRISTIAN KNOWLEDCF, monial at their away going. And all presbyteries are ordained to tr}', if any children have been sent to Popish schools or colleges without the kingdom ; and if any be found, that their names be given in to the presbytery, or commissioners of the assembly, that the same may be presented to the Lords of Secret Council, or Committee of Estates, that their Lordships may be humbly de- sired, by their authority, to recal them; that, after return to this kingdom, a course may be taken, according to the former or- dinances of general assemblies, for their breeding in the true religion. — ^ci Sess. ult. 'June 18. Ass. \Q\Q, CHRISTIAN KNOWLEDGE*. I. A committee is named to receive reports from presby- teries, of the advances made in the subscriptions for propagating Christian knowledge; and take notice how acts 5. {a) 8. (/i) Ass. 1707, have been obeyed; and synods and presbyteries are en- joined to see to the punctual execution of these two acts, and to insert an account of their diligence in their books. — Acts 5, 6. Ass. 1708. — [Nota. These acts are inserted after the Index of the other acts of that assembly.) IL All the people of this church are earnestly exhorted, to contribute their best endeavours in their stations, to promote the design of propagating the knowledge of Christ, in the Highlands and Islands of Scotland, and in foreign parts of the world, and particularly, to give part of their substance that way; and a method is laid down for collecting subscriptions for, and con- tributions of money towards that design ; and the commission is Impowered to promote the same. — Act. G. Ass. 1709. III. The exact observation of the above Act 6. Ass. 1 709, is enjoined, where the same is not yet done, and presbyteries are ap- * See Schools. .(a) Schools, 6. {h) Papists, ii. CHRISTIAN KNOWLEDGE. 51 pointed to see the same done, and to return to the secretary of the society for propagating Christian knowledge, a report of their dili- gence; and 'tis recommended to the several synods, concerned in the Highlands and Islands, to enquire what parishes in these bounds want schools, what parishes need more schools than one, and how many they need; what is the extent of these parishes in lengtli and breadth: As also, what ministers have more churcheis or places of worship than one, and whether these churches stand in different islands, or not; and if there be a school for every kirk or island; or any persons in these places to teach children to read, or any catechists : As also, in what places Popery abounds most, and where catechists will be needful : And synods are appointed to send an impartial and true account of the above particulars to the secretary of the said society, subscribed by their moderator and clerk, that the said society may have the whole matter before them, in order to the disposing of the annual rents of their stock, where it is most needful; and all ministers, and other charitable persons, are seriously exhorted to put their con- tributions into the hands of the treasurer to the society. And that there may be the greater plenty of fit instruments to be employed in the .design of propagating cliristian knowledge, the assembly did again appoint the orie half of the whole bursaries of all the presbyteries in Scotland, to be bestowed on hopeful and piou:; students, having the Irish langviage, for the space of four years, according to the tenor of Act 10. Ass. 11 10. fcj And the several synods are enjoined to see all the foresaid appointments put iu due execution, and that they report an account of their diligence herein to the assembly, from time to time, and to the commissions of this and subsequent assemblies: And likcAvise, the Avhole synods and presbyteries within this church are ordained to give (r) Bursars, 12, H2 52 CHRISTIAN KNOVVXEDGE. 'all due encouragement, countenance, and assistance to the said society, and these employed by them, as they shall be orderly applied to, for that eflfect, from time to time. — ^ct 11. u^ss. 1710. IV. Upon a long representation from the committe of the society for propagating Cliristian knowledge, giving a distinct account of the diligence of that society, in prosecution of the ends of their erection, and the progress they had made in their work, and of the things that hindered the further advancement thereof J the assembly renews former recommendations to the several synods, presbyteries, sessions, ministers, and charitable persons, desiring, that the judicatures above mentioned would follow the method prescribed by Act 6. Ass. 1709, faj and Act 1 1 . Ass. 1710, fbj in furthering subscriptions and contributions, and report to the society; and the several presbyteries are strictly enjoined to report to their synods^ a distinct account of what they have done at any time before this, or what they shall here- after do, in order to forward that pious undertaking, and that in the method [prescribed by the said two acts-, particularly, presby- teries are appointed again to require an account of the diligence of all the ministers within their bounds in this matter, and to record their reports in their books; and the several synods are ordained to take a particular account of the diligence of their respective presbyteries, and record it in their synod books j and the several presbyteries and synods are appointed to send a full and distinct report of their diligence in this matter, fubscribed by their moderator and clerk in manner prescribed by the said two acts, to tlie commission : And the commission are appointed to give in a list of such presbyteries and synods as shall omit to send in their accounts, to the assembly -, and persons of all ranks and degrees are earnestly exhorted, according to their abilities, (a) Supra, 2, (^) Supra, 3. CHRISTIAN KNOWLEDGE. 53 to contribute to the advancement of this Christian undertaking. Act 5. Jss. 1712. V. The assembly commend the diligence of the society for propagating Christian knowledge and their committee. They recommend to all ministers and elders, and charitable persons, to concur in that work ; and again renew the acts and recom- mendations of preceding assemblies to synods, presbyteries, and particular ministers, for furthering subscriptions and contribu- tions •, and appoint presbyteries to call for an account of the di- ligence of ministers and sessions, in this matter, at their privy censures, and parochial visitations, and record their reports in their presbytery books; and synods are ordained, at their privy censures, to take a particular account of the diligence of their presbyteries; and record the reports of presbyteries in their books; and synods and presbyteries to send, a report of their diligence herein subscribed, by their moderator and clerk, to the commission: And the commission is instructed, to call for the foresaid accounts, and see to the observation of this and former recommendations; and lay before the assembly an account of such synods and presbyteries, as shall neglect to send in to them, reports of their diligence in this matter. — Jet 5. Ass. 1713. VI. Upon a repi-esentation from the committee of the society, giving an account of their procedure, the extent of their stock, the number of schools erected by them, and the success and progress of the said schools; and representing the defects of some ministers, in their way of collecting for the society ; the assembly renews former recommendations in their favours ; and farther recommends to presbyteries, to look for persons qualified for serving the society, as schoolmasters; and to send an account of them, with certificates in their favours, to the society, or their committee : And a committee is appointed, to meet with the said committee of the society, and advise jointly what further may be done, for the society's benefit, and by the society, for fully 54> CHRISTIAN KNOWLEDGE. satisfying all persons, of the fairness and exactness of their management; upon whose report the assembly found the said society, as well secured against the danger of future events, as any society can be; and they impowered their commission to appoint public intimations to be made in all the churches, of an additional representation of the further progress and success of the society, which the committee of the society were preparing. ^Act 13. Ass. 1714. VII. Upon the petition of the committee of the society, the assembly recommends a public collection at all the church-doors in Scotland, upon such days as the several presbyteries and ma* gistrates of burghs shall think fit, for buying books to the so* ciety's scholars, and settling more schools ; and former recom- mendations in favours of the society, are renewed; and the same are appointed to be read in these congregations, where they have not yet been done. — Act 12. Ass, 1715. VIII. • Upon a supplication from the committee of the society, the assembly renewed the recommendation of the last assembly for a collection, and appointed a new day for it; and the money is ordered to be lodged in the hands of the moderators of the se- veral presbyteries, who are to keep exact accounts thereof; and to send the money, with the copy of the accounts to the socie- ty's treasurer: And all ministers and others, who had not paid in the money they had subscribed for, are desired to send in the same to the treasurer, and the execution of the above recom- mendation is remitted to the several presbyteries, who are to re- port their diligence both to their synods and to the commission, — 4ct 4. Ass. 1716. IX. Upon a representation from the committee of the society, of the success of the collections recommended by former assem- blies, and of the society's schools, the assembly enjoin the vi- sitors of synod books to take special notice what care synods Iiave t*ken, in calling -presbyteries to an account of their dill- CHRISTIAN KNOWLEDGE. ^5 gence, In promoting the said collections; and to lay an account thereof before the assembly: And the assembly again recommend to deficients, yet to send in their money to the treasurer of the society; and to ministers entered to parishes, since the date of the said recommendations, not only to contribute themselves, but to set about collecting in their parishes ; and 'tis again r&. commended to all ministers and members of this church, to give all manner of encouragement to that charitable undertaking. — ^^^4. Ass. 1717. X. Upon a recommendation from the committee of the soci- ety, giving an account of their method of management, and suc- cess of their endeavours, that their stock was now upwards of L.7000 ster.; and that they have 42 schools in the places men- tioned in the representation, but that yet more were demanded than their present stock would afford; and therefore entreating, that former recommendations in favour of the society, might be renewed; and offering their assistance in managing what the as- sembly should bestow of the church's money, upon the fund of the equivalent, for maintaining charity-schools: The assembly appointed the excrescence of that money, after payment of the church's debts stated upon that fund, to be lodged with the society, for erecting schools in the Highlands and Islands; and all former recommendations in the society's favours are renewed; and the society and committee are thanked for their care and faithful management of their Xxxxst.—Act 5. y^ss. 1719. XI. Upon another representation from the committee of the society, setting forth their method of management, and the suc- cess of their endeavours; that they had eighty schools; but that their charges were beyond their income, and that they had been obliged to sink some of the schools in places where they were much wanted; it is seriously and earnestly recommended to all presbyteries to enquire diligently at kirk-sessions and ministers within their bounds, how tlie recommendations of former as- 56 CHRISTIAN KNOWLEDGE. semblles with respect to donations, subscriptions, and collection* for the above purpose, had been obeyed: And such ministers as have not, are ordered to collect immediately; and to endeavour to persuade the charitable to contribute : And presbyteries are ap- pointed to enjoin kirk-scssions to give an account to them of what has been collected within tlieir parishes for the society since the year 1709; and to keep distinct minutesof their proceedings until full reports are made to them from the parishes within their bounds; and then to transmit them, with a list of subscribers who are yet de- ficient, to the anniversary meeting in January next. And 'tis re- commended to synods,to call presbyteries to an account of their at- tention in this matter, and report their own diligence to the next general assembly. And this act and recommendation is appointed to be sent to all the parishes in Scotland, to be read from the pul- pits on the 1st Sunday of August next. — Act 9. j^ss. 1727. XII. Upon a memorial from the society, the recommendation of last assembly is renewed; and the commission is instructed to take care that the recommendation be executed; and synods and presbyteries are enjoined to send up to the commission, and to the assembly, an account in writing of their diligence, with a list of deficients in contributing within their several presbyteries. — Act 5. Ass. 1728. XIII. Upon a petition and representation from the society, the former x-ecommendations to deficients are renewed. And 'tis recommended to any minister of this church, whom the society shall invite, yearly to preach a sermon, at their anniversary meet- ings, suitable to the occasion. And 'tis recommended to presby- teries, where tlie society's schools are settled, to visit them frequently and give them all encouragement, and to report to the society the state of tlieir charity schools, according to the rules laid down by them in the printed state of tlie society. — Act 4. Ass. 1729. XIV. Upon a petition from the society,, setting forth ihely CITATION. 57 management and success; that they had 105 schools, and about 4146 scholars; that Dr. Daniel Williams had given them a large sum for propagating Christian knowledge in Scotland, and had also mortified land to the value of L,68 ster. per annum to be given to them when they have three qualified missionary mini- sters to remain in foreign infidel countries; it is recommended to presbyteries and ministers to deal with charitable Christians in their bounds to contribute for promoting Clu-istian know- ledge both at home and abroad ; and ordained, That intimation of this be made from the pulpits of all the churches in Scotland, on or before the 1st Sabbath of August next, that such as have a mind to promote this design may give in their contributions to their ministers, or transmit them to the society's treasurer with a signification how they incline to have their donations bestowed. — Jet 4. y^ss. 1732. CITATION*. Persons or parties concerned in causes, especially before pres- byteries, or other superior judicatories, should be duly sisted by a legal and timeous citation in writ, upon forty-eight hours, if the defendants be residing WMthin the parish; and that either at the instance of the complainer, or by order of the judicatory; and the execution bearing its cause, should be made before two or three witnesses inserted, and be returned by the beadle or offi- cer in wi-iting; and the persons cited should be called at the door. — Form Proc. cap. 2. ij 3. If the party appear not, there ought to be a second, and then a third citation, by order of the sessions or presbyteries, either personally or at their dwelling- houses, before the judicatory declare the person contumacious j * See Appeal?, 4. Transportations, i. 1^ i. — 3. Correspondence. Bounds of Jurisdiction. I 58 COLLECTIONS. but In the case of a reference or appeal, there needs not so many, citations. — I/^uI. § 4'. All citations apiid acta are peremptory; and, if instructed, infer contumacy if net obeyed. — IL'id. § 5. y^ct 11. ^ss. 1707. collections: I. Collections for the poor discharged to be taken in time of divine service, and that the minister and kirk-session appoint some other way for receiving the same. — yjlct Sess. 40. ^.'^g. 11. ^ss. 161-8. II. 'Tis appointed, That in all collections hereafter made by the act and recommendation of assembly 1763, (a) the brethren or presbytery when they remit the money collected, in obedience thereto, to the person named in the act for receiving the same, shall transmit at the same time an exact account of the several sums of money so remitted to the clerks of assemblies, who shall keep a book for enrolling these remittances, that the church may have thereby an opportunity of knowing the just amount of the several collections made in obedience to acts of assemblies. — ^ci i). y^ss. 1777. COMMISSIONS TO MEMBERS OF ASSEMBLIES*. I. That commissioners from presbyteries, and others, give in their respective commissions to the clerk of the general assembly, the night at least before the first diet or meeting thereof; to the effect tlie rolls may be timeously made up, and that the com- missions may be considered by the assembly, without any inter- ruption thro' the making of the rolls ; and that any such com- mission as may happen to be undelivered before the said first * See Burghs, i. 3. Commissioners to Assemblies, 8. (tij An unprinted act. COMMISSIONS TO MEMBERS OF ASSEMBLIES. 59 diet, shall only be delivered in the intervals betwixt the after diets, and no ways in presence of the assembly while actually sitting. — ^ci 4. ^ss. 1694. II. 'Tis recommended to the several presbyteries of this na- tional church to keep an uniform method, as near as can be, in granting commissions to the members of the general assembly, and not to insert particular instructions in their commissions: And for the better attaining the end foresaid, there is a form prescribed for a directory by Act 8. Ass. 1695 j which, with the several additions and alterations made thereto by subsequent as- semblies is inserted infra. III. That all commissions to ministers and ruling elders from presbyteries, universities, and royal burghs, to subsequent as- semblies, bear, that they have subscribed the confession of faith of this church, according to Act 11. Ass. 1700.(Z') And sicklikc, that no minister or elder be nominated or commissioned to be a member of the general assembly of this church, by any presby- tery, burgh, or university, but such as usually reside in, or have a relation to the presbytery, burgh, or university they are com- missioned from. — Act 6. ylss. 1701'. IV. Ordered, That presbyteries, in giving commissions to their representatives, testify that ministers have signed the formula prescribed by Act 10. Ass. 1711, (^c^ and ruling elders the ycr- ■rmda prescribed by Act 11. Ass. 1G91'. (d) But if presbyteries be uncertain whether the elders have signed the stCiA formula or not, then the attestation shall bear, That they are either to sign it in presence of the assembly, or instruct that they have done it before. — Act 4. Ass. 1720. -^_ V. 'Tis ordained. That in all time coming, the commissions ^ (h) Confession of Faith, 9, the same as prcscilbcd in 1(^9^. (c) Probationers, 3. (d) Instructions, 2. 12 60 COMMISSIONS TO MEMBERS OF ASSEMBLIES. given by universities to their representatives in the assemblies of this church, as well as these given by presbyteries to theirs, shall expressly bear. That the commissioners therein named have signed the confession of faith, with the formula according to -\' Act 11. Ass. 1700, [a) and acts therein specified, under the cer- tification therein specified. — Act 10. Ass. 1722. VI. 'Tis appointed, That the rules and forms prescribed by Act 8. Ass. ,1695,(6-) Act 6. Ass. I704,(f) Act 9. Ass. 1718, {d) and Act 4. Ass. 1720, [e) in commissions from presbyteries to their representatives in the general assembly, be strictly obser- f ved in commissions to be given to representatives of universities and royal burghs j and 'tis appointed. That all commissions to the members of the general assembly, whether from universi- ties or royal burghs, and attestations of the same, shall be con- ceived in the terms prescribed by the former acts above men- tioned, mutatis mutandis. — Act 7. Ass. 1723. VII. 'Tis appointed, That the presbytery's attestation and ap- probation of all commissions from universities and royal burghs to their representatives in the assembly, shall have the following clause, viz. " And further, that the said commissioner is every ** way qualified to be a member of assembly, according to the " acts of assembly." And that all commissions given to ruling elders, shall bear this clause, viz. " And in particular, that the " said elders are qualified in all respects, according to what is « required by Act 9. Ass. 1722." (f) — Acts 4-. 9. 1724. VIII. It is recommended and enjoined on presbyteries in time coming to take care that all commissions be in due form, according to the acts of assembly ; and in order to this, that {n) Confession of Faith, 9. (/■) Supra, 2. {c) Supra 3. {d) Commissioners to Assemblies, 8. () to the commissioners from Scotland at London, with their declaration (c) to the parliament of England, and their answer [d) to the English ministers letters. And he is appointed to report an account of his proceedings to the commission of that assembly. — Act Sess. 1 1 . Aug. 5. Ass. 1 642. II. A commission is granted to the ends mentioned in the act, and particularly with power to use all lawful and ecclesiastic ways to advance unity in religion, and uniformity in church govern- ment betwixt the kingdoms; and to prepare draughts of a con- fession, catechisms, and directory for worship; and for keeping a correspondence betwixt the kirks of this island. — Act Scss. 12. Aug. 5. Ass. 1642. III. A commission is given to some ministers and elders, ap- pointing them to repair to England, and to deliver the papers therein mentioned; and impowering them to propone, consult, treat, and conclude with the parliament and assembly of divines in Englanil, to the effects mentioned in the former act. — Sess. 7ilt. Aug. 19. Ass. 1643. IV. A commission is granted for furthering the work of re- (a) Supplication, 2. (h) Letters, III. i. (c) Declaration, 2» (d) Letters, III. 2. COMMISSIONS OF ASSEMBLIES 7S format'ionj to enjoin the subscribing of the solemn league, in case England agree thereto; to call an assembly pro re nata^ if need require; and to correspond in the assembly's name with foreign reformed kirks; and for the other ends mentioned above, and in tliis Act Scss, eadem. V. 'Tis referred to the last mentioned commission, to order what number of the former commissioners should go together, to design the persons, determine the time, and give them instruc- tions. Sess. eadem. VI. The two above mentioned commissions Aug. 19. Ass. leiS, for public affairs, are renewed; and some more ministers and elders added to the last. — Act Sess. 6, Jime 3. Ass. 1644. VII. The above commissions 1642, 1643, and 1644, are iigain renewed. — Act Sess. tilt. Feb. 13. Ass. 1645. VIII. The whole former commissions are again renewed. — Act Sess. Jilt. June 18. Ass. 1646. IX. They are again renewed, by Act Sess. 28. Aug. ult. Ass. 1647. X. A ncAV commission is granted for the ends mentioned in this act ; and in general, the commissioners are impowcred, to do every thing for preservation of the established doctrine, discipline, worship, and government of this kirk; and for prosecuting the work of uniformity in religion, in all his Majesty's dominions. — Act Sess. 39. Aug. 11. Ass. 1648. XI. The commissions granted by preceding assemblies, for prosecuting the treaty of uniformity in religion, with the parlia- ment and assembly of divines in England, are again renewed. Sess. eadejn. XII. Another commission is granted to some ministers and ciders for the same ends, with that granted by Ass. 1648; and further Impowerlng them, to send commissioners to England, for prosecuting the treaty of uniformity. — Act Sess. 40. Aug. 4. Ass. 1649. L 2 76 COMMISSIONS OF ASSEMBLIES. XIII. Some ministers and ciders are appointed for visiting the whole presbyteries on the south side of Tay, and for other ends mentioned in Act 16. Ass. 1690. XIV. Another commission is granted for visiting the whole presbyteries on the north side of the Tay; and to plant, try, and purge in manner mentioned in act 17. Sess. eadem. XV. Messrs Gilbert Rule and David Blair are appointed to attend the King's Majesty about the affairs of this church-, and their instructions, and what other things concern their journey, are referred to the foresaid commission, for visiting the south side of the Tay. Act 18. Sess. eadem. XVI. Some ministers and elders are appointed to discuss all references and appeals, and other matters referred to them, con- form to the instructions given to them. — Act 18. Ass. 1694. XVII. Another commission is granted to the same effect to proceed conforn> to the instructions given to them. C«J — Act 20 Ass. 1696. XVIII. XIX. XX. Other commissions are given by Acts 12. Ass. 1697, 1698, and Act 14. Ass. 1699. XXI. A commission is granted for visiting the bounds of the provinces of Angus and Mearns, Aberdeen, Murray, and Ross ; and for purging and planting churches, redressing grievances, and trying persons disseminating erroneous principles, and here- tical doctrines. — Act 12. Ass. 1700. XXII. Another commission is granted to four ministers and an elder to visit Zetland, Orkney, and Caithness. Act Sess. eadem. XXIII. Another is granted for planting vacant churches in the north ; and other afl'airs referred to them, and contained in their instructions (b). — Act 19. Ass. 1700. XXIV. A commission is granted for visiting the presbytery of (a) Instructions, i. {b) Ibid. 5. COMMISSIONS OF ASSEMBLIES. 77 Middlebee; and to endeavour to remove the grievances there. — Jet 23. Jss. 1700. XXV. Another for planting vacant kirks, is granted by Act 15. Jss. 1701. XXVI. Another to the same purpose, is granted by Jet 7. Jss. 1702. XXVII. Another, wherein the quorum is augmented, to twenty-one, fifteen whereof to be ministers, is given by Jet 3. Jss. 1703. XX\aiI. Another by Jet 19. Jss. 1704-. XXIX. Another by Jet 13. Jss. 1705. XXX. Another of the same tenor, by Jet 17. Jss. 1706. The fixed meetings of this commission are only to be twice in the year, viz. the first Wednesday of August, and the penult Wednes- day of March; and in this commission the instructions given by the preceding assembly, are held as repeated; the attendance of members strictly enjoined; lists of absents ordered to be sent to the synods, in order to censure; and also to be laid before the next assembly. XXXI. A commission is granted of the same tenor with former ones, by Jet 12. Jss. 1707. XXXII. Another is granted by assembly 1708, wherein the general clause in former commissions, impowcring them to advert to the interests of the church on all occasions, is cautioned with a provision, that the said power shall not be extended to particu- lar affairs, or processes before presbyteries or synods, that are of universal concern to, or influence upon the whole church; and the presbytery of Edinburgh, and other presbyteries within twelve miles of Edinburgh, are discharged to meet on any of the diets appointed for the meetings of the commission. — Jet 8. Jss. 1708. XXXIII. XXXIV. Commissions of the same tenor with the fprmer, are granted by Jet 9. Jss. 1 709, and Act 1 4: Ass. 1710. 78 COMMISSIOKS OF ASSEMBLIES.' XXXV. A commission of the like tenor with the former, is granted by assembly 171 1 j only their quorum is augmented from twenty-one to thirty-one, whereof twenty-one are always to be ministers: And 'tis declared, that what shall be determined at one diet, shall be unalterable by any other diet of the commission, and shall stand and continue in force, until disapproven of by the assembly; and presbyteries at the distance of more than twelve miles from Edinburgh, who have four or more members on the commission, arc to take care that at least two of them attend, each diet. — Act. 8. Jss. 1711. XXX\^I. Another commission of the tenor with the former, is given by assembly 1712, only this commission is made to en- dure, not to the next assembly only, as is ordered in all the pre- ceding commissions; but until another commission be appointed. ^Act 8. Ass. 1712. XXXVII. XXXVIII. XXXIX. XL. Other commissions of the same tenor, with that immediately preceding, are granted by Act 8. Ass. 1713, Act 10. Ass. lll^y Act W. Ass. 1715, and Act 5. Ass. 1716. XLI. XLII. XLIII. Other commissions are given by Act 5. d_ Ass. 1717, Act 5. Ass. 1718 and 1719; but here, the in- structions given by former assemblies are renewed, as instruc- tions to the$e commissions : This last commission is fur- ther appointed to enquire into the publishing and spread- ing of books and pamphlets tending to diffuse the con- demned Auchterarder proposition, (a) and promote a scheme of opinions relative thereto; and to call the recommenders of them before them; and they are impowered to judge in cases of doctrine, and appointed to take care, that the impressions of the holy scriptures, confession of faith, and catechisms, and other ( are approven by ^ct Sess. 6. ^uly 10. Ass. 1649. VIII. The proceedings of the commissioners of assemblies 1690, and 1694, are approven by Act 16. Ass. 1696. IX. X. XI. XII. XIII. The commission book of 1696, approven by Act 15. Ass. 1697; that of 1697, by Act 10. Ass. 1698; that of 1698 by Act 12. Ass. 1697; that of 1699, by Act 8. Ass. 1700; and that of 1700, by Act 5. Ass. 1701. XIV. The proceedings of the commissioners sent to Zetland, Orkney, and Caithness by the said Ass. 1700, are approven by Act 12. Ass. 1701. XV. And the proceedings of the commissioners sent by the same assembly 1700, to Angus, Mearns, Aberdeen, Murray and Ross, are likewise approven by Act 1 3. eadem Sess. XVI. XVII. XVIII. XIX. XX. The proceedings of the com- mission of assembly 1701, are approven by Act 7. Ass. 1703; those of 1703, by Act 15. Ass. 1704; those of 1704, by Act 8. Ass. 1705; those of 1705, by Act 7. Ass. 1706; and those of 1706, by Act 9. Ass. 1707. Nota. After this no approbatory acts of the above nature are printed, because of the following act, appointing, That in all time thereafter the szrcicforfnula be observed, in the approbation of the actings and proceedings of the commissions of assemblies, that is prescribed by the acts of assembly, to be observed in the attestation of the synod books. — Act 8. Ass. 1706. COMMISSIONS ROYAL. 35 COMMISSIONS ROYAL. The several commissions granted by our Sovereigns to the Noblemen after-mentioned, who represented their royal persons in the assemblies of this church, are recorded always the first sederunt of each respective assembly. I. II. Commissions are given by King William and Queen Mary to John Lord Carmichael, to represent them in Assemblies 1690 and 1694. III. X. Commissions are granted by King William to the said John Lord Carmichael in the years 1695, 1696, 1697, 1698, and 1699; to James Viscount Seafield in 1700; William Earl of Annandale in 1701 ; and to Patrick Eai-1 of Marclimont in 1702. XI. XXII. Commissions are given by Queen Anne to James Earl of Seafield to represent her in 1703; to William Lord Ross in 1704; to William Marquis of Annandale in 1705; to David Earl of Glasgow in 1706, 1707, 1708, 1709, and 1710; to William Marquis of Annandale in 1711; and to John Duke of Athole in 1712, 1713, and 1714. XXIII. XXXV. Commissions are granted by King Ceo. I. to John Earl of Rothes to represent his royal person in Assem- biles 1715, 1716, 1717, 1718, 1719, 1720, and 1721; to Hugh Earl of Loudoun in 1722 ; to Charles Earl of Hopctouii in 1723 ; to James Earl of Finlater in 1724; to Charles Earl of Hopetoun in 1725, and 1726; and to James Earl of Finlater hi 1727. XXXVI. LXVIII. George II. grants conimii'.sions to Hugh Earl of Loudoun to represent him in 1728 ; to David Earl of Buchan in 1729; to Hugh Earl of Loudoun in 1730, and 1731 ; to William Marquis of Lothian in 1732, 1733, 1734, 1735, 1736, 1737, and 1738; to John Earl of Hyndford in 1739, and 1740-, to Alexander Earl of Leven in 1741, 1742, 1743, 1744, 1745, 1746, 1747, 1748, 1749, 1750, 1751, 1752, and 1753; 86 COMMISSIONS FOR REFORMATION. to John Earl of Hopetoun in 1754; and to Charles Lord Cath- cart in 1755, 1756, 1757, 1758, 1759, and 1760. LXIX. — CIX. Commissions are given by King George III. to Charles Lord Cathcart to represent his person in Assemblies 1761, 1762, and 1763 •, to John Earl of Glasgow in 1764, 1765, 1766, 1767, 1768, 1769, 1770, 1771, and 1772; to Charles Lord Cathcart in 1773, 1774, 1775, and 1776; to George Earl of Dalhousie in 1777, 1778, 1779, 1780, 1781, and 1782 ; and to David Earl of Leven in 1783, 1784, 1785, 1786, 1787, 1788, 1789, 1790, 1791, 1792, 1793, 1794, 1795, 1796, 1797, 1798,1799, 1800, 1801; and to Francis Lord Napier in 1802. COMMISSICh'S FOR REFORTtlATION IN THE HIGHLANDS AND ISLANDS. I. 'TIs appointed and ordained, 1 . That the procurator for the church receive the sum of L. 1 000 ster. issued by his Majesty's warrant to encourage itinerant preachers and catechists to go to the Highlands znd Islands of Scotland. 2. That the ministers and elders named in the act, be a committee, to endure tiU another be nominated in their room, impowered to employ the above sum for the ends mentioned in the royal warrant ; to choose their own moderator and clerk ; to meet at Edinburgh upon the Fridays next after the meetings of the commissions of the general assembly, in May, August, November, and March ; with power to adjourn, and to name sub-conunittees ; nine to be a quorum, whereof six to be ministers ; and to keep a re- cord of their proceedings. 3. That they appoint itinerant preachers and catechists duly qualified, to go to the places de- signed in the royal warrant, to correspond with the presbyteries where these are employed and with the society for propagating Christian knowledge, and to advise with the commission of the assembly as there may be occasion. That these preachers and caiechists be subject to, and under the inspection of the pres- COMMISSIONS FOR UtFORMATIONJ 8? bytcry of the bounds where they are employed, who are to take care that the orders of the committee be duly observed-, — preachers also to catechise; and both they and the catechists to instruct the people from housa to house, to visit the sick, and carefully to teach the people" the principles and duties of true Christian Protestant religion, and of loyalty to the King, and obedience to the laws -, and the committee are impowered to give them such instructions respecting their work and behaviour as they shall judge meet ; and they are appointed to obey the same. 4. That the allowance of L.45 per an. be given to a preacher, and L.25 to a catechist, except in the case of sickness, losses, or other accidents. 5. The committee is impowered to appoint settled ministers within the synods of Argyle, Ross, Murray, Aberdeen, and Perth and Stirling, and the presbytery of Dumbarton, with the allowance of L.4 per month, to dis- pense the ordinances of which preachers are Incapable. Lastly, The committee are strictly to conform themselves to the terms and articles of his Majesty's warrant, in the discharge of the trust committed to them. And 'tis ordained. That the presbyteries pointed at in the royal warrant meet as soon as possible, and draw up. a state of their bounds, and send in the same to the agent for the church to be laid before the committee. — Act 6. Ass. 1725. II. A commission is granted to some ministers and elders for reformation in the Highlands and Islands, and to manage the royal bounty for that end, with the powers and instructions given to the commission appointed by the above act : And fur- ther, they are to inquire how the ministers, preachers, and ca- techists, named by them, obeyed their appointments ; to elect a cashier for receiving and giving out the King's bounty; to call for and state his accounts, and lay them before the commission- ers of treasury, or barons of exchequer ; and likewise the com- mittee is impowered to nominate ministers and elders, though not of their number, to meet with the Protestant heritors to «8 COMMISSIONS FOR REFORMATION-. conceii: measures for advancing the interest of true religion in these countries. And which ministers and elders are ordained to join with the synod of Glenelg, and the presbyteries in that synod, in their meetings, and be assisting to them as members; and that the foresaid synod and presbyteries and others con- cerned, draw up and send to the committee from time to time, informations of the state of their bounds, particularly with re- spect to Popery, and the success of their missionaries, and what discouragements they meet with. — Act 6. ^ss* 1726. Ill Another commission with former powers and instructions; but with the addition, that they apply to the magistrates for assistance in carrying on a reformation in the Highlands and Islands; and to correspond with presbyteries, Protestant heritors, ministers, preachers, and catechists; and as much as they can to encourage ministers and Protestants in these parts. — Jet 5. Ass. 1727. IV. Another commission is given with former powers and instructions renewed; and with an appointment for correspond- ing with the commission of the general assembly, the society for propagating Christian knowledge, and presbyteries and synods in the Higlilands and Islands. — Act 8. Ass. 1728. V. Another with powers and instructions as formerly; only with the alteration that seven is declared to be a quorum^ four whereof to be ministers. — Act 7. Ass. 1729. VI. Another with former powers and instructions ; and con- taining the following regulations, viz. That presbyteries insert in their registers the committee's appointments of the designations, salaries, and stations of the respective missionaries, and have a regard thereto in all their letters respecting them, and in giving certificates to them; that they direct their letters only to the moderator of the committee, and that these letters be signed at the appointment of the presbytery by the moderator or clerk ; that no payments be made of the missionaries' salaries, except upon receipts from themselves, and upon certificates from prCg^ COMMISSIONS FOR REFORMATION. 89 byteries, bearing the time they have served, yet reserving liberty to the committee to allow a quarter's salary per advance, if found necessary •, that all the committee's accounts with their casliier be duly signed and attested, and recorded in the book prepared for that effect J and that all the money disbursed in managing the royal bounty, be annually stated by the committee, and laid, with their report, before the assembly for their approbation. — Acts 4. 6. Ass. 1730. VII. — XIV. Other commissions, with former powers and in- structions renewed, are given In 1731, 1732, 1733, 1734-, 1735, 1736, 1737, and 1738. XV. A commission is granted with former powers and in- structions; and to which Is added the following appointment. That at the quarterly meeting in August, when the scheme or establishment of missionaries for tlie ensuing year shall be deter- mined, fourteen shall be a quorum^ nine whereof to be mini- sters; and that none once employed and inserted in the scheme shall be struck off for that year, but by the quorum of fourteen ; And no complaint against a missionary to be determined at the first ordinary meeting, but to lie on the table till the next ; And, in the meantime, the person complained of, and the pres- bytery wherein he officiates, arc to be acquainted with the com- plaint.— Act 6. Ass. 1739. Not a. Commissions with the whole powers and instructions In the above acts are given annually, with little alteration from 1739 forwards. COMMITTEE*. Upon the news of King William's sickness, a committee is ap- pointed to name members of a coinmisslon, and to draw instruc- tions to them. — ylct 4. Jss. 1702. * Sfc Orc'cring Assembly-house, 1.^4. N aO COMMON PRAYER BOOK. COMMUNION. COMMON PRAYER BOOK. The book of common prayer is rejected and condemned, not only as illegally introduced upon the reformed kirk within this realm; but also, as repugnant to the doctrine, discipline, and order of this kirk, to the confession of faith, constitutions of general assemblies, and acts of parliament, establishing the true religion j and the use and practice thereof is prohibited, and presbyteries are ordained to proceed with the censures of the kirk against such as transgress. — Act Sess. I'i. Dec. 6. yiss. 1638. ylrt, 1. COMMUNION*. It is recommended to all ministers, in whose parishes persons ■ educated in other Protestant churches may happen to reside, to shew all tenderness to them when they come to desire the benefit of sealing ordinances; and if strangers, free of scandal, and professing their faith in Christ and obedience to him, shall desire baptism to their children, ministers shall chearfully comply with their desire, in administering the sacrament of baptism to their children, upon the parent's engaging to educate them in the fear of God, and knowledge of the principles of the reformed Pro- testant religion. — Jet 13. Jss. 1711. COMPETENCY OF JUDICATURES AND PROCESSESf. I. When a business is moved, the judicature should first con- sider if it be proper for them to enter upon it, and if it be orderly brought in, and whether it be proper for them to discuss it them- selves, or only to prepare it for superior judicatures, whose work they should endeavour to shorten as much as, with the * See Catechism. Lord's Supper. t Sec Pounds of Jurisdiction. Appeal?, 6. Gross Scandals. COMPETENCY OF JUDICATURES. 91 edification of the church, they can, and as will consist with prudent zeal against sin. — Forf?i Proc. cap 2. § 2.* Act 11. Ass. 1707. II. When persons guilty of uncleanness live, one in one parjsh, and another in another parish, the process and censures are to be before the session of the parish where the woman liveth, or where the scandal is most notour. Foiyn Proc. cap. 4. § 15. If a scandal of uncleanness be committed where neither party resides, the persons guilty are to be processed and censured where their ordinary abode is, except the place of their abode be at a consider- able distance from the place where the sin was committed, and the scandal be most flagrant where it was committed. — Ihid. 16. ActU. Ass. 1707. III. It is founds that persons guilty of uncleanness should satisfy in that parish whereof the woman was a parishioner at the time the guilt was committed ; and that by a parishioner is under- stood a person who has his or her fixed residence, or place of abode, within a certain parish, for the time, whether such resi- dence be of long or short duration. — yict ult. Ass. 1771. CONFESSION OF FAITH *. I. An overture, That all persons, of whatsoever state or con- dition, be obliged to swear and subscribe the Confession of Faith, as then condescended on by the general assembly, under 4- pain of censure; referred to the several presbyteries, by Scss.l'iy iM. Bcc. 17, 18. Ass. 1688. Art. 11. II. 'TIs ordained, That no sort of persons, of whatever quali- 4- * Sec Covenant. Papists, l. 7. Atheism. Schoolmasters, 2. 3. 6. Commissions to Members of Assemblies, 3. Instructions, I. $ 6. 1.^ 6. Students of Theology, 3. Bourignionism, 4. Doctrine, I. 4. Universities, 5. N 6? + 52 CONFESSION or FAITH. ty or degree, be perinitted to speak or write against the Confes- sion of Faith, concluded on by this kirk, both concerning doc- trine and disciphne-, or against that assembly or any act thereof, upon the pain of censure. — Ibid. Art 17. III. The confession of faith, and national covenant, and oath ^ of this kirk, as renewed in February 1638, is allowed and ap- proven in the hail heads and articles thereof; and all masters of universities, colleges, and schools, and all others who have not al- ready subscribed the said confession and covenant, are ordained to subscribe the same, with these words prefixed to the subscrip- tion, viz. " The article of this covenant, which was at the first <* subscription referred to the determination of the assembly, *' being now determined at Glasgow, in December 1638, and ** whereby the five articles of Perth, and the government of tlie *' kirk by bishops being declared to be abjured and removed, the " civil places and power of kirkmen declared to be unlawful ; *' we subscribe, according to the determination of the said free *' and lawful general assembly." And the said covenant, with that declaration, is ordained to be inserted in the registers of the assemblies of this kirk, general, provincial, and presbyterial, ad perpetuam rei memoriam. Act Sess. 26. Dec. 20. Ass. 1638. — And, by a subsequent act of the same date, his Majesty is ad- dressed. That he would acknowledge and approve the foresaid true interpretation, by his royal warrant, to be put in record for that eflcct ; and in the meantime the swearing or subscribing of the said confession, as wrested to a contrary meaning, by an ex- plication thereof made by the privy council is prohibited and dis- charged, under the pain of ecclesiastic censure, but that they subscribe the same as in the former act. — Ibid, IV. The general assembly, by their supplication to his Ma- jesty's Commissioner, and Lords of Secret Council, \indicate themselves from all disloyal designs, and solemnly swear their mutual concurrence and assistance for the cause of religion. , CONFESSION OF FAITH. 98 and defence of his Majesty's person and government, in the pre- servation and defence of the true religion, Hberties, and laws, of this kirk and kingdom, in quiet manner, or in arms, as they should be required by his Majesty, his council, or any having their authority ; and do humbly supplicate them to enjoin, by tin act of council, the subscription of the confession and cove- nant. In answer to which supplicatton, the Lords of Privy Council, by their act Aug. 3. 1639, subjoined to this act, ordain accordingly. Act Sess. 23. Aug. 30. Ass. 1639. — And his Ma- jesty's commissioner declares his Majesty's allowance and con- sent, that the covenant, with the assembly's foresaid explanation, be subscribed throughout all the kingdom; and he, in his Ma- jesty's name, subscribes the same, with a declaration prefixed, that the said confession is one in substance with that which was subscribed by his Majesty's father in 1580, 1581, and 1590, and oftener since renewed •, and declares his Majesty's consent that an act of assembly be past enjoining the subscription of the same; but subjoins a declaration that the practice of the things prohi- bited by the covenant, within this kirk and kingdom, out with the kingdom of Scotland, should never bind nor infer censure against the practices out with the kingdom, and desires that the same might be inserted in the register of the kirk. The assem- bly refuses to give warrant for such practice, as not agreeable with a good conscience, but the same is inserted only vocitativc. Ibid. V, The confession of faith and covenant is again approvcn, and ordained to be subscribed, as aforesaid; as also by all scholars at passing their degrees; by persons suspected of papistry; and finally, by all ministers of this kirk and kingdom; and the parlia- ment is supplicated by their authority to ratify and enjoin the same, under all civil pains. — Ibid. VI. The confession of faith for the kirks of God in the three kingdoms, agreed upon by the assembly of di^incs sitting at -f 94) CONFESSION OF FAITH. Westminster, with assistance of commissioners from the kirk of -4- Scotland, found to be most agreeable to the word of God, and in nothing contrary to the received doctrine, worship, discipline, and government of this kirk; and is therefore approven and ;igrced unto by the assembly for their part, as a common con- fession of faith for the three kingdoms. And 'tis declared, that the not mentioning therein, the several sorts of ecclesiastical officers and assemblies, shall be no prejudice to the truths of Clirist in these particulars, to be expressed fully in the directory for government, and that the assembly understands some parts of Art. 2. cap. 31. only of kirks not settled or constituted in point of government, and that altho' in such kirks a synod of ministers and other fit persons may be called by the magistrates' authority and nomination, without any other call, to consult and advise with, about matters of religion; and altho' likewise the ministers of Christ, without delegation from their churches, may of themselves, by virtue of their offices, meet together synodically in such kirks not yet constituted; yet neither of these ought to be dene in kirks constituted and settled; it being always fi-ee to the magistrate, to advise with synods of ministers and ruling- ciders, meeting upon delegation from their churches, either ordinarily, or being indicted by his authority occasionally and pro ;v naia : It being also free to assemble together synodically, as well pro re ?iata, as at ordinary times, upon delegation from the churches, by the intrinsical power received from Christ, as often as it is necessary for the good of the church so to assemble, in case the magistrate, to the detriment of the church, withhold or deny his consent; the necessity of occasional assemblies being first remonstrated to him by humble supplication. — ^ct Scss. 23. Ji/g. 27. Jss. 1G47. VII. That all probationers licensed to preach, all intrants to r the ministry, and all other ministers and elders, received into tonimunlon with the church in its government, be obliged to CONFESSION OF PARTIES. 9^ subscribe their approbation of the confession of faith, approven by the former general assemblies of this church, and ratified in the second session of the then current parliament. Act 5. June 7. 1 690. And this is recommended to the diligence of the several ~rz. presbyteries, and they are appointed to record their diligence "^ thereanent in their respective registers.— ^i/r 7. Ass. 1690. Art. 1. VIII. 'Tis recommended to all synods and presbyteries, to enquire what ministers, probationers, or schoolmasters within their bounds, have not subscribed the confession of faith, con- form to former acts of the general assembly, as the confession of their faith; that these who have not done it, may be put thereto, and that there be a new impression of the confession of faith in /o//o, for that end. — Act 13. Ass. 1699. IX. That all ministers and ruling elders, belonging to this national church, subscribe the confession of faith, as the confession of their faith, according to the act of assembly 1690, and the •" formula agreed upon, in Act 11. (^a') Ass. 1694-. § 6; and that this be done betwixt and next assembly. — Act 11. Ass. 1700. CONFESSION OF PARTIES. If a person voluntarily confess uncleanness, and if there be 110 child, and the case be brought to the kirk-session, the session is to enquire, what presumptions there are of the truth of the thing confessed, or what may have moved the person to make that confession ; whether it flows from disquietness of mind, or sinister design •, and the persons concerned are to be dealt with, according as the presumptions, upon search, are found, or not. ¥or77i Proc. cap. l. § 12. — If it be found there is no ground for the confession, and that it is false, the person confessing is to be censured, as defaming himself, and likewise as a slanderer (a) Instructions, 96 COXGREGATIONS. — CONTUMACY. of the other party; and withal application is to be made to the civil magistrate, that he may be . punished according to law. Ibid. 13. Jet 17. Ass. 1707. CONGREGATIONS *. That in presenting cither pastors, readers, or schoolmas- ters to particular congregations, there be a respect had to the congregation ; and that no person be intruded into any office of the kirk, contrary to the will of the congregation to which they are appointed. — Jet Sess. 23, 24. Dec. 17, 18. Jss. 1638. Art. 20. CONTUMACYf. Though a person not appearing on the third citation, or upon a citation apud aeta, and not adducing and verifying a relevant excuse, be censurable for contumacy ; yet it may be fit to take cognition of the verity of the scandal delated against him, either by examining of witnesses upon oath, or other documents, be- fore they censure him for contumacy. — Form Proc. cap. 2. § 6. Jet 11. Jss. 1707. CORRESPONDENCE AMONG JUDICATURES^. I. That correspondence be kept amongst presbyteries con- stantly by letters, without prejudice to the personal correspond- ence when need requires, that one presbytery may understand what many are doing, and that they may be mutually assisting to each other. — Act Sess. idt. June 18. Jss. IG-IG. Jrt. 1. * See Father, § C. f See Scandals, 2. Excommunication Greater. Father. Grost Scandals. % See Provincial A^emblles. Remedies Ecclesiastic ag;iinst Tr^. fancness, 14. Absolution, Annexations, 9. CORRESPONDENCE AMONC JUDICATURES. 97 n. "When there is a scandal of uncleanness, whereof persons are guilty living in different parishes, the session where the sin is committed, is to acquaint the other sessions where any of the persons reside, who are, ex dehitoy to cause summon these per- sons to appear before that session where the scandal is to be tried. For??i Proc. cap. 4. § IT. — When a person is convicted of scandal by a session of another congregation than his own, and the censure of the lesser excommunication Is inflicted, the session is to send an account thereof to that session to which he belongs; but there is no need of any other sentence of his own session, to fix the censure on him, but only a public Intimation thereof to be made in his own parish.. — Ibid. § IS. Act 11. Ass. 1707. III. The Synods of Lothian, Perth, Fife, and Aberdeen, are or- dained to send correspondents to the synod of Angus andMearns, until the assembly should see cause to alter it. — Act 7. Ass. 1701, IV. The above correspondence is continued for one year, and is thenceforth declared to cease ; and the foresaid four synods to be free of the burden thereof, unless, upon application of the said synod of Angus and Mearns to subsequent assemblies they should see cause to continue or renew the same. — Act 6. Ass. 1718. COVENANT*. I. That such as have subscribed the covenant, and speak against the same, if he be a minister, shall be deprived; and if he continue so, being deprived, shall be excommunicated; and if he be a layman, shall be dealt with as perjured, and. shall sa- tisfy publicly for his perjury. — Act Sess. 5. Aiig. 1. Ass. 1610. II. The advice of the commissioners of the general assembly * See Confession of Faith, 3, 4, 5. Expcctdnts. Students of Philosophy, Silence of Ministers. Declaration, 4. G, 7, S. O 98 COVENANT. 1642, recommending to presbyteries to have copies of the cove- nant to be subscribed by every minister at his admission, is ap» proven, and the covenant appointed to be printed, with the said ordinance prefixed thereto; and that every synod, presby- tery, and parish have one of them bound in quarto.^ with some blank paper, whereupon every person may be obUged to sub- scribe ; and tliat the covenants of the synods and presbyteries be kept by their moderators respective ; of universities, by their principals •, and of parishes, by their ministers, with all careful- ness; and that a particular account of obedience to this act, be required thereafter in all visitations of parishes, universities, and presbyteries, and in all trials of presbyteries and synods: And all ministers are ordained to make intimation of the act of as- sembly at Edinburgh Aug. 30. 1639, (^a) enjoining all persons to subscribe the covenant, under all ecclesiastical censure, in their kirks, and thereafter to proceed with the censures of the kirk, against such as shall refuse to subscribe the covenant; and that exact account be taken of every minister's diligence therein by their presbyteries and synods, as they would answer to the general assembly. — Act Scss. 6. J;i^. 8. A . 1643. III. The resolutions of the committees of the convention of estates of Scotland, of the general assembly, and of the commissioners of the two houses of tlie parliam.ent of Eng- land, that the form of the covenant to be entered into by both nations,. then condescended on, and agreed amongst them, should be presented to the general assembly, to the convention of estates of Scotland, and to the two houses of the parliament of England, by their respective committees and commissioners, that it miglit, with all speed, receive their respective resolutions, is narrated in Jet St.;s. 14-. J./^. 17. Ass. 1643. ("jj Conrei^sioii of Faitii, 4. COVENANT. 9S rV. The covenant Is unanimously approven and embraced by the assembly, as the most powerful mean, by the blessing of God, for settling and preserving the true Protestant religion, and the peace of his Majesty's dominions, and propagating the same to other nations, and for establishing his INIajesty's throne to all ages and generations: And 'tis recommended to the convention of estates, that being examined and approven by them, the covenant may be sent with all speed to the kingdom of England, that being received and approven there, it may be, with public humiliation, and all religious and answerable solemnity, sworn and subscribed by all true professors of the reformed religion, and all his Majesty's good subjects in both kingdoms. IhicL V. That all ministers take notice when any person, disaffected to the national covenant of this kirk, and to the solemn league and covenant of the three kingdoms, shall come within their parishes, and so soon as they shall happen to know the same, that without delay they cause warn them to appear before the presbyteries within which their parishes lie, or before the com- missioners of the general assembly, as they shall find most con- venient 5 and which warning is declared a sufficient citation; and that ministers and elders delate to the said judicatories respective every such disaffected person, altho' without their own parish, •so soon as they shall hear and be informed of them; and the commission is ordained, not only to proceed to the trial and censure of such disaffected persons, but to take a special ac- count of the diligence of ministers, elders, and presbyteries therein respective. — Act Sess. 6. June 3. Ass. 1644. VI. That all young students take the covenant at their first entry to colleges, and that all persons whatsoever take the co- venant at their first receiving the sacrament of the Lord's supper j and that all provincial assemblies, presbyteries, and universities, be careful that this act be observed, and that account thereof be taken in the visitation of universities, and particular kirks, and in the trial of presbyteries. — Act Scss. 31 Au^. 7. Ass. 1648, IOC) DANCING. — DEACONS. — DECLARATIONc DANCING*. Promiscuous dancing is prohibited and discharged, and the censure thereof referred, and earnestly recommended to the care and diligence of the several presbyteries. — Act Sess. 18. jfuly 19* 4ss. 1649. This act is revived by Jet 20. (o) Ass. 1701. DEACONSf. 'Tis recommended to all ministers to take care, that deacons as well as elders be ordained in congregations v«rhere deacons are wanting: But 'tis declared, That deacons, as such, shall have no decisive voice either in the calling of ministers, or in the exer- cise of church discipline. — Act 7. Ass. 1719. DECLARATION^. I. A supplication is presented to his Majesty's commissioner, against the book called, the Large Declaration; which falsely asperseth the church with disloyal designs; entreating his Majesty might be pleased to call in that book, and punish the authors thereof. — Sess. 23. Aug. 30. Ass. 1639. Nota. The commissioner in council, having received the above supplication promised to impart the same to his Majesty, and report his diligence therein. II. The declaration of the parliament of England, shewing their desire to have an uniformity in church government betwixt the kingdoms, and the assembly's answer thereto, pressing the * See Lykewakes. f See Worship Secret, 4. :j: See Pailiament, 2, 3, Supplication, 3. (a) Lykewakes, 2. DECLARATION. lOl same from several arguments, motives, and encouragements, are recorded In Sets. 8. Aug.Z. Ass. 1642. III. The declaration subscribed bv the Scotch Lords at Oxford, is condemned as a perfidious bond and an unnatural confederacy; and the subscribers thereof, or of die like declaration or bond, or any that were accessory to the framing or execution thereof, are declared to deserve the highest censure of the kirk; the com- mission is impowered to execute this act by themselves, or to refer the same to presbyteries or synods, as they should think convenient; and they arc discharged to relax the delinquents from the sentences that should be pronounced against them, without the advice of the assembly, or commissioners thereof, nisi in extremis ; and 'tis also recommended to the parliament exemplarily to punish the guilty, and to put some public note of infamy upon the declaration or bond itself. — Act Sess. 6. June 3. Ass. 1644. IV. A declaration and brotherly exhortation of the assembly to their brethren in England, rehearsing the several advances made in the work of reformation in both kingdoms, lamenting the stop then made thereto in England, and the imminent dangers of the common cause of religion, by the spreading of dangerous errors, and sects, aggravated by the breach of covenant, in many particulars mentioned in the declaration; and especially, in offering violence to the rights, privileges, and authority of the magistracy; complaining of several of the proceedings of the army in summer 1G4-7, in so far as religion is concerned; especially, that their proposals for the settling of peace, are, in point of religion, inconsistent with the solemn league and co- venant, and propositions of peace formerly agrcetl on by both kingdoms, in the particulars mentioned in that declaration; be- seeching the people of England, of all ranks, who have entered into the league and covenant with Scotland, and particularly, the houses of parliament, city of London, and assembly of divines. 102 DECLARATION. to be humbled for the sins of the land, especially breach of co- venant, to hold fast the profession of their faith, to continue constant and zealous in advancing reformation, in suppressing heresy and error, according to the covenant; and promising the same on their part, by the grace of Christ j particularly desiring, that presbyterial government may be settled, and put in practice throughout that kingdom — Lastly, Declaring, that their zeal for the covenant and presbyterial government doth not abate or diminish in any thing their loyalty and duty to the King's Majesty, w^herewith their enemies falsely reproach them, but doth much strengthen and support the same; and concluding with a prayer for a safe and well-grounded peace to God's people, is recorded in Sess. 15. Jug. 20. ^ss. 1647. V. In answer to a paper of the 24 July, delivered to the general assembly from the conference (compared with another paper of the 1 7 of July, presented to them from the committee of estates, whereunto it relates, and with the declaration emitted by that committee to the parliament and kingdom of England) supposing that the assembly might be satisfied in point of the security of religion, notwithstanding of the engagement in war against England; 'tis declared, that the assembly sees no possibility of securing religion, as long as that unlaAvful engagement is carried on, religion being thereby greatly endangered. The ways mentioned in the answer, see more fully in Sess. 14. yu^y 25. Jsf. 1648. VI. The declaration and act of parliament of the date, June 10, 1648, and an act of the committee of estates of the date July 12, said year, ordaining all the subjects by subscription, to acknowledge as just, and oblige themselves to adhere unto the said declaration, and to join and concur with their persons and estates, in the assistance of the execution and observation of the acts and constitutions of that parliament, under the certification mentioned in the said act of the committee, is declared unlawful DECLARATION. 105 and sinful; for the reasons mentioned in this act of assemblyj and the members of this ku-k, are warned and charged to forbear the subscribing the said act and declaration^ or urging thereof, as they would not incur the wrath of God, and censure of the kirk: And are likewise enjoined to forbear the swearing, subscribing, or pressing of any new oaths or bonds In that cause, without advice and concurrence of the kirk, especially any negative oaths or bonds, which may any way limit or restrain them in the duties whereunto they are obliged by the national or solemn league and covenant, with certification as aforesaid^ and such as have already been guilty in this matter, are exhorted to repent j and the exe- cution of this act is remitted to presbyteries, or in case of their negligence, or being overaAved, to provincial synods, or commis- sioners of assembly; and for that end, 'tis appointed to be sent to the presbyteries to be published in the several kirks of their bounds.— y^r^ Scss. IS. Ju/y 28. ^r.c 1648. VII. A declaration by the general assembly 1648, concerning the dangers of religion, especially, the engagement in war against England, which is declared sinful and unlawful, for the many reasons mentioned in the said declaration, containing many ex- hortations and directions to all the members of the kirk, shewing the assembly's sense of the duties of the present time, and of the said dangers; particularly, from the sins of the land, the insolence of the army, and encroachments made upon the libertiesof the kirk, in the many instances mentioned in that declaration; and earnestly exhorting, charging, and requiring ministers, 1 . To search into, and mourn for the sins of the land, especially breach of the solemn league ; 2. To honour and respect authority wi^ h a due subordi- nation to the will of God ; 3. To avoid malignancy on the one hand, and sectarianism on the othcr^ both which are characterised by several marks in this declaration ; 4. Not to concur or assist in the engagement ; 5 Nor suffer themselves to be abused with the fair pretences of those that carry it on -, 6. That they misr 104 DECLARATION. take not the nature of the reformed religion or government of the church, as if it were inconsistent with the King's prerogative, privileges of parhament, and hberties of the nation ; 7. That they beware of the taking of oaths, or subscribing of bonds re- lating to the covenant, unless approvcn by the assembly, or com- mission; 8. That they live by faith, and continue stedfast; and 9. That they remember, that no law or authority can absolve them from the obligations of the solemn league and covenant; that mini- sters be free and faitliful in their preaching, as they would escape the censures of the kirk, which presbyteries are appointed to in- flict; and all civil judicatures and persons in power are exhorted to remember they are to give an account to God, and that they ensnare not the consciences of their brethren with new oaths and bonds. — Sess. 21. J'l^/f ult. As. 1648. VIII. Another declaration of that assembly to their brethren of England, blessing God for the uniformity in religion, and lamenting breach of covenant, shewing that the generality of the church judicatories and many others of the nation had dissented from, openly declared, supplicatedj and protested agairst the engagement, shewing that they still continued stedfast in the covenant, and expect the same from England ; they exhort them to repent of their sins, particularly, breach of covenant^ in com- plying with sectaries, and their slow progress in reformation; they dehort the parliament of England, from complying either with sectaries or malignant s; they shew their abhorrence, at the purposes of these who mind the subversion of monarchical go- vernment, which they wish may be continued in his Majesty's pereon and posterity; they manifest their dislike of those who deal so hardly with his Majesty's person, and shew their desire of hav- ing the King restored to the exercise of his power, upon his giving security for religion, and for establishing and enjoining the cove* nant in all the three kingdoms, is recorded in Sess. 22. Aug. 1. A^s. 1648. DECLARATION. — DEPOSED MINISTERS. IGo IX. In answer to a paper, sent from the committee of estates, dated July 28. (a) 1648, the assembly refers to their answer of the 25 July 164'8: (/>) And further add, that they think it strange, that the state had engaged in war with England, before the necessity and lawfulness thereof was cleared, and before the church's desires for the security of religion were granted, accord- ing to the assurances given by public declarations, and after public resolutions and declarations to the contrary. And they further refer to their declaration July j/lt. Scss. 21. 1648, (r) shewing the unlawfulness of that engagement itself; which declar-^ ation tlacy vindicate, and demonstrate the church's interest in undertakings and engagements in war, as to the lawfulness or unlawfulness thereof, to satisfy the committee of estates their desire in that point. — Sess. 22. ^^i^g. 1. ^ss. 1648. X. A pamphlet falsely entitled, "The Declaration of Mr. Alex- ander Henderson principal minister of the word of God at Edinburgh, and chief commissioner from the kirk of Scotland to the parliament and synod of England, made upon his dcath- Ijed," is found to be false, and condemned as forged and scandalous; and the author and contriver of the same is declared void of charity and a good conscience, and a gross liar and calumniator, led by the spirit of the accuser of the brethren. — ^ct Sess. 31. Mg. 7. ^ss. 1G48. DEPOSED MINISTERS*. I. Presbyteries are ordained to proceed with the censures of the kirk to excommunication, against those ministers, who being deposed by the assembly, acquiesce not in their sentences; but exercise some part of their ministerial function, refuse them- faj Supra, 6. Cl/J Supra, 5. fcj Supra, 7. * Sec Excommunication, i. Ministers, I. 5. 6. Schismalics» 7. H. . P 106 DEPOSED MINISTERS. selves, and withdraw others from the obedience of the acts of as- sembly.— Act Sess. 24. Dec. 18. Jss. 1638. II. The sentences pronounced against the ministers deposed, by the several commissions granted by the assembly at Glas- gow, are approven as just and lawful decrees. — Act Sess, 19.. Aug. 21. Ars. 1639. III. All these ministers, who were deposed before synods, for subscribing the Declinator and reading the service-book, being guilty of no other gross fault, are recommended to the said sy- nods, to be by them, upon their true repentance and submis- sion to the constitutions of this kirk, found capable of the mi- nistry, when God should grant them an ordinary and lawful calling, by admission from the presbytery, either in the church they served in before, or in any other. — Act Sess. 20. Aug. 28. ^ss. 1639. IV. The Act 38. Sess. 8. at Edinburgh, October 24-. Ass. 1578, ordaining ministers, who are deposed, to be charged under the pain of excommunication to demit their places, that they may be unquestionably vacant, is renewed and remitted to parlia- ment.—y^;# Sess. 22. A.y-. 29. A.. 1659. Art 5. V. That ministers, who are deposed, either by presbyteries, synods, or general assemblies, or committees from assamblies, for the public cause of reformation and order of this kirk, shall not be suddenly received again to the ministry, till they first evi- dence their repentance, both before the presbytery ard synod, within the bounds where tliey were deposed; and thereafter, the same reported to the next ensumg ^eneraal assembly. — Act Sess. 8. Aug. 2. ^ J. 16:1. VI. All provincial assemblies are discharged to repone any minister deposed by the general assen.blyi, and all presbyteries to repone ministers deposed either by provincial or general asscm» ' blies; and all such sentences of reposition by t\tt inferior judi..- catories i espectiicy are delared null in themselves, and that the Rtaxes of deposiLion by the superior judicatories respcctivti^. DEPOSED MINISTERS, 107 ■rfiall Stand valid and effectual notwithstanding thereof. — ActSess. 10. Aug. 12. Ass. 1643. VII. That no minister deposed, be restored again to the same place wherehe formerly served. — Act S ss. ul. Feh. 13. Ass. 1 645. VIII. That notwithstanding of any licence to be granted for opening the mouths of deposed ministers, yet they bhall not be actually admitted to any particular congregation : But it is de- clared, for such as had already their mouths opened before that time, That if any calling to a particular charge be offered unto them before the next assembly, it should be sufficient for them to have the consent of the commissioners of that assembly. — Act Sess. 11. July 21. Ass. 1648. IX. That whosoever, after the sentence of deposition pro- nounced against them, do either exercise any part of the mini- sterial calling in the places where they formerly served, or else- where, or do possess, meddle, or intromit with the stipend, or otlier benefits whatsoever, belonging to these kirks they served at, shall be proceeded against with excommunication ; and if any suspended minister, during his suspension, eitlier exercise any part of the ministerial calling, or intromit with the stipend, that he be deposed, and, after deposition, continuing in either of these faults, that he be processed with excommunication j but prejudice always to them of their stipend resting for bygone ser- vice, and of any recompence due for building or repairing of the manse, according to the ordinary practice : And 'tis seriously re- commended to presbyteries, to be careful in putting that act in execution. — ActSess. 30. Aug. 5. A . 1648. Nota. This act bears a narrative. That the censure of suspen- sion and deposition of ministers is, by the ancient practice and order of this kirk, both ab oJfi.cio et bcncficicy as is acknowledged by Act 20. Pari. 1644. X. That no minister deposed for malignancy and compliance with the enemies of the kirk and cause of God (when it shall 108 DEPOSED MINIStERS. lall out that he be put in a capacity of admission to tht ministry) shall enter into the congregation of any other minister, who al-* so hath been deposed for malignancy and compliance, as said is. ^ct Scss. ult. Aug. 12. Ass. 1648. XI. Mr. Thomas Boston having demitted his charge of the parish of Oxnam, 'tis declared, That he is no minister of this church, and that he is incapable of receiving or accepting of a presentation or call to any parish in this church without the spe- cial allowance of some future assembly: And all the ministers of this church are prohibited from employing him to preach or perform any ministerial offices for them, or from being employ- ed by him, unless some future assembly shall see cause to take off this prohibition. — Act 4. Ass. 1758. XII. Mr. James Bain having given up the charge of the kirk of Paisley, 'tis declared. That he is no minister of this church, and that he is incapable of receiving or accepting of a call or pre- sentation to any parish in this church without the special licence of some future assembly: And all the ministers of this church are prohibited from employing him to preach or perform any mini- sterial offices for them, or from being employed by Kim, unless some future assembly shall see cause to take off this prohibition.^ ActQ. Ass. 1766. CIRECTORY FOR WORSHIP. I. Act appointing a directory for divine worship to be framed with all diligence, and put into the hands of the commissioners of assembly, to be by them revised and transmitted to the seve- ral synods, to the end that being .reported, with their consent and observations, to the next ass'jmbly, they might, after full trial and approbation, order and authorise the same to be re- ceived and practised by all ministers and particular kirks; and, in the meantime, forbidding all disputations by word or wTiting, in private or public, about different practices in such things as had not been formerly determined by the kirk, and all condemnr - i5IRECT0RY TOR WORSHIP, a 109 ing of one another, in such lawful things as had been univer- sally received, and, by perpetual custom, practised by the most faithful ministers of the gospel, and opposers of corruptions in the kirk, since the first beginning of reformation to these times, under the pain of the censures of the kirk; and appointing, that all beginning of separation, all scandals and divisions, be, by all means avoided. — Act Sess. 12. Aug. 15. Ass. 1643. II. The directory for the public worship of God in all the three kingdoms, agreed upon by both houses of the parliament of England, after consultation with the divines of both king- doms assembled in England, is unanimously agreed to, and ap- proven by the assembly in all the heads thereof, together with the preface set before it: and they require, decern, and ordain, that according to the plain tenor and meaning thereof, and the intent of the preface, it be carefully and uniformly observed and practised, by the ministers and others within this kingdom whom it doth concern, from and after the time mentioned in the act: And 'tis recommended to the commission, to take spe- cial care for the timous printing of the said directory, that a printed copy of it be provided and kept for the use of every kirk within the kingdom, and that each presbytery have a print- ed copy thereof, for their use; and that they take special notice of the observation or neglect thereof, in every congregation with- in their bounds, and make known the same to the provincial or general assemblies, as there shall be cause; and 'tis provided, that the clause in the directory respecting the administration of the Lord's Supper, which mentioneth the communicants sitting about the table, or at it, be not interpreted as if, in the judg- ment of the kirk of Scotland, it were indiflerent and free for any of the communicants not to come to and receive at the table; or, as if they approved the distributing of thc; elements by the minister to each communicant, and not by the communicants among themselves: Tis also provided, that tliis act should be no 110 DISCIPLINE OP THE CHURCH. prejudfce to the order and practice of this kirkj in such particu^ lars as are appointed by the books of discipline and acts of ge- neral assemblies, and are not otherwise ordered and appointed by the directory, and God's goodness is acknowledged in bring- ing the uniformity in reUgion to such a period. — Act Sess. 10. Feb. 3. A^s. 1645. III. The due observation of the foresaid directory for wor- ship, is seriously recommended to aU ministers and others within this national church. — Act. 10. Ass. 1705. DISCIPLINE OF THE CHURCH*. • I. The presbytery of Kirkcaldie is ordered to proceed against Mr. Colin ]M»Kenzie of Rosend for the sin of uncleanness, ac- cording to the rules of this church, notwithstanding of any thing that some prelatical preachers had done, or might do, in that affair-, and the said prelatical preachers are discharged to proceed any further in that matter, as they will be answerable. And 'tis remitted to the commission to take care, that the as- sembly's authority be not contemned in this case : and this me- thod is appointed to be observed in cases of scandal, when any others, either Episcopal preachers, or such as pretend to be Pres- byterians, but separate from this church, take upon them to ex- ercise discipline. — Act 14. Ass. 1715. II. Acts 17. Ass. 11 01, (a) and 16. Ass. 1710, (a) are re- vived; and presbyteries, which have not sent up their remarks upon the larger overtures for discipline, are again appointed to transmit the same to the clerk of the commission: And 'tis re- commended to presbyteries to send up to the next assembly such * See Students of Theology, i. Ministers and Corriiptions in OfHce, § 4. 8. Piofancness, i. 3, Universitie?, 5. (a) Acts transmitting Overtures. DISSENTING VOICES. 1 1 1 members as might be most in case to help forward this work.— - ^ct 10. Ass. 1718. DISSENTING VOICES. If any member of presbyteries or synods shall find, in matters depending before them, that the moderator shall refuse to put any thing of importance to voices; or, if they find any thing carried by plurality of voices, to any determination which they conceive to be contrary to the word of God, the acts of assembly, or the received order of this kirk; in any of these cases, the as- sembly thinks it necessary, that they urge their dissent to be marked in the register; and if it be refused, that they protest, as they would desire to be free of common censure with the rest: And the dissenters are declared censurable, if their dissent shall be found otherwise than they conceived. — Act Sessy 7. jfuue 4. Ass. 164<4. DOCTRINE*. I. All persons are discharged to vent any opinion contrary td any head or article of our confession of faith and catechisms, or to use any expression, in relation to the articles of faith, not agreeable to the form of sound words expressed in the word of God, and the confession of faith and catechisms of this church, which are most valuable pieces of oiu- reformation. And 'tis enacted, That no minister or member of this church, presume to print or disperse in ^v^it, any catechism, without the allowance of the presbytery of the bounds, and of the commission: And the presbytery is appointed to lay any such catechism before the * See Ministers, Corruptions in (Office, § 4, 5. Corr''ption6 in their Callings, § 9. Bourignioiiism. Formula. Catechetical Doctrine. Erroneous Doctrine 112 DOCTRINE. commission; and synods and presbyteries are enjoined, carefuUf to advert to the observation of this act, and to notice the trans- gressors thereof. — ylct 12. Ass. 1710. II. A committee is appointed, and impowered to enquire Into whatever should be found necessary for preserving and maintain- ing the purity of the doctrine of this church; and particularly, to take into consideration the process, Mr. James Webster against Mr. John Simson, and prepare a full and distinct state thereof, and report an overture thereupon to the next assembly, in order to their final decisbn thereof; and particular instructions, for that end, are given to the said committee, by Act 8. Ass. 1715. III. Mr. John Simson, and all others, are enjoined to forbear teaching, or any way venting the propositions charged by Mr. James Webster, against him as error, until they be determined by the judicatures of the church; and. the commission and ini- structions given by the committee, named by the former assem- bly, for preserving the purity of doctrine, are renewed ; and 'tis eferred to them also, to consider some propositions laid before the assembly by Mr .Webster, and Mr. Simson's answers thereto, and all other things relating to that affair; particularly, some points mentioned in the act, tliat were reserved by the said committee, to be considered after finishing the principal cause: And the committee is impowered to give such directions to Mr Simson as they sliall find necessary. And all ministers are discharged, by preaching or printing, to charge Iv'Ir. Simson with error, until the matter be fully tried, and he be convicted by the church : But prejudice always to them, to state the same propositions that are charged against him, and refute the same by as strong argu- ments as they think fit : And upon a protestation entered by Mr. Simson against the above mentioned Injunction laid upon him by the assembly, as insinuating, that he had taught the errors charged against him In Mr. Webster's libel, as his opinion, or as truthj which he disowned: The committee is impowered to sus- DOCTRINE. lis pend him for such time as they shall think fit, in case it was found that he contravened the same. — Act 7. Ass. 1716. IV. Mr. John Simson is prohibited and discharged to use ex- pressions that bear, and .arc often used in, a bad and unsound sense, or to teach, preach, or otherwise vent opinions, propositions, and hypotheses which unduly advance natural reason, and are not evidently founded on scripture: And they extend the fore- said prohibition to all professors of divinity, ministers, preachers, and all others in this church; and particularly, discharge them to vent any doctrines, not agreeable to our confession of faith and catechisms: And they recommend to all faculties in universities, and to all presbyteries within this church, to see this act observed by all the persons aforesaid within their several jurisdictions, and ■ to censure the contraveners, as they see cause. — Act 9. Ass. 1717. V. IMr. Gabriel "Wilson minister of Maxtoun found to have not been entirely orthodox in a sermon preached before the synod of Merse and Tiviotdale in these three points of doctrine, viz. 1. That the moral law to believers is divested of the curse or tlureatning of eternal damnation, and hath no other sanction but fotherly chastisement; 2. That gospel or saving repentance is QOt necessary in a sinner, in order to the pardon of his sins in justification j 3. That assurance, or a man's persuasion that he ihall be saved by Christ, is of the essence of justifying faith : And he is admonished, prohibited, and discharged to use by writing, preaching, catechising, or otherwise teaching, either publicly or privately, any expression upon these three points of doctrine, that are inconsistent with, or contrary to those main- tained in this church, agreeable to the word of God, and the QOnfession of faith and catechisms thereof: And he is admonished to keep the form of sound words, and to beware of expressing himself upon any occasion in such terms as may have a bad influ- ence on Cluristian practice, or any ways tend to weaken the life \l4f DOCTRINE. and power of godliness, and be of dangerous consequence to the great interest of precious souls. — ^ct 11. yfjj. 1723. VI. A committee is appointed with full powers to proceed upon the articles of the process against Mr. Simson, both as to the libel and queries, not however, to pass a sentence either absolving or condemning him, but to report their diligence to next assembly; •.ill being reserved for their judgment. It is recommended to the presbytery of Glasgow to assist the committee; and Mr. Simson is appointed to attend it and the next general assembly, and in the meantime, on account of the articles of the libel found relevant and proven, he is suspended from preaching and teaching till the meeting of next general assembly. — j^ct 10. ^ss. 1727. VII. Mr. John Simson found to have taught such things, and expressed himself in such terms as are subversive of the doctrine of the Trinity as contained in the holy scriptures, and laid down in our confession of faith and catechisms, he is, there- fore, suspended from preaching and teaching, and all exercise of ministerial power or function, until another general assembly shall think fit to take off the sentence. — Jet 9. j^ss. 1728. VIII. The sentence of last general assembly is ratified and con- firmed suspending Mr. Simson from preaching and teaching, and all exercise of any ecclesiastical power or function, until another general assembly shall think fit to take off this sentence: And the assembly also give it as their judgment, that it is not fit or safe that he be further employed in teaching divinity and instructing youth designed for the holy ministry in this church: And that the judicatories may have no more trouble about this process, 'tis thought fit that, for peace's sake, this whole affair concerning' Mr. John Simson shall rest here. — j4ct 6. Ass. 1729. IX. It is found. That what Mr. Archibald Campbell, professor of divinity and ecclesiastical history in the university of St. Andrews had taught with respect, 1. To the inability of man -by his natural power to find out the being of a God, he had hj DOCTRINE. 115 this no intention to enervate natural religion, or give any handle or countenance to its enemies, but rather to shew the necessity of supernatural revelation; 2. To the law of nature's being sufficient to guide rational minds to happiness; that it was not his meaning that a supernatural revelation of a Saviour and faith in him were superfluous, and not necessary to the happiness of fallen man; 3. To self-love's being the sole principle and motive of all religious and virtuous actions; that he meant no more, but that our delight in the honour and glor)'- of God was the chief motive of all virtuous and religious actions; and 4. That the disciples, during our Saviour's lifetime, only expected and hoped for a temporal deliverance and worldly kingdom — That between his death and resurrection, they concluded him to be a cheat and impostor — and that before his resurrection, they had no no- tion of his divinity; That these were only Mr. Campbell's con- jectural opinions with regard to the inward sentiments of other men; that our confession and catechisms teach nothing con- cerning these matters; and that his design was to give greater strength to his argument for vindicating the apostles from en- thusiasm; and it is thought, that the examining and stating the matter as has been done, is sufficient for cautioning against the errors of which Mr. Campbell had at first been supposed guilty, without a formal sentence ; and, therefore, 'tis re- solved and appointed, That the matter rest here. And 'tis re- commended to Professor Campbell, and to all ministers and teachers of divinity within this church, to be cautious in their preaching, teaching, and writing, not to use doubtful expres- sions or propositions, which may be constructetl iu an erroneous sense, or lead the hearers or readers Into error, however sound such words or propositions may be Iu themselves, or however well-Intended, but to jiold fast the fr.niT cf sound words. — Act 10. Au, ITSG- Il6 DOCTRINE. DlTF.LS. X. 'Tis decbred, That as the assembly in the foregoing act say, that they gave no judgment or formal sentence on Profes- sor Campbell, and therefore could not be understood to adopt any of his expressions on the head of self-love •, so this assembly do stedfastly adhere to the doctrine of our church on that head, expressed in our standards, particularly in the answers to that question in our Shorter and Larger Catechisms, " What is the chief end of man?" — ^ct 5. Ass. 1737. XI. Exceptions having been taken at a sermon published by Mr. William Leechman, professor of divinity in the college of Glasgow, on the nature, reasonableness, and advantage of prayer, 'tis found, that he has given abundant satisfaction concerning the orthodoxy of his sentiments; and that there is no ground or oc- casion remaining for any further trial of the professor in respect of that sermon : And the presbytery of Glasgow is prohibited to commence or carry on any farther or other proceedings against him on account of that sermon. — Act 9. jiss, 174'4. DUELS. That all persons, of whatsoever quality, who shall eitlier fight duels, or make, or write, or receive, or, with their knowledge, carry any challenges, or go to the fields, either as principal*, or seconds, to fight duels or combats, be, without respect of per- sons, processed with the censures of the kirk, and brought be- fore the congregation two several Lord's days j in the first Avhere- of they arc sharply to be rebuked, and convinced of the hcinous- ness of their sin and oflence; and on the next to piake a solemn public confession thereof, and profession of their imfeigned hu- miliation and repentance for the same: And if the persons guilty of any of the former oflences be an elder or deacon, he is to be removed from kis office: And whatsoever person guilty of any of these ofTcnces shall refuse to give obedience, according to the tenor •I" thi^ act, that he be processed to excommunication. And if .m^ EDINBURGH UKlVERSITY. — KLILCTTOK OF MINISTERS. 117 be killed at such duels, that the killer be proceeded against by the kirk as other murderers. — Act Sess. ult. Aug. 12. Ass. 1618. E. EDINBURGH UNIVERSITY. 'Tis enacted and declared, That the right of election of a re- presentative to the general assembly from the university of Edin- burgh, is- only in the professors, principal, regents, masters, and others bearing office in that university, that is to say, the chancellor, rector, and dean of faculty, if any such there be, ex- clusive of all others-, and the clerk of the assembly is discharged, in all time coming, to receive any commission to any person, or to insert any person's name in the rolls of assembly, as a repre- sentative from said university, in succeeding assemblies, whose commission is given other than is appointed by J:his Act (J. Ass. 1723. ELECTION OF MINISTERS. I. That, 1. When any place of the ministry in a congregation is vacant, the presbytery do, with all diligence, send one of their number to preach to that congregation, who, in his doctrine, is to represent to them the necessity of providing the place with a qualified pastor, and to exhort them to fervent prayers and sup- •jilication to the Lord, that he would send them a pastor according to his own heart : As also, he is to signify, That the presbytery, out of their care of that flock, will send unto them preachers, whom they may hear; and if they have a desire to hear any other, they will endeavour to procure them a hearing of that person or persons, upon the suit of the elders to the presbytery. 2. "VV ithin some competent time thereafter, the presbytery is again to send one or more of their number to the said vacant congregation, on a certain day appointed before for that eficct, who arc to convene 118 ELECTION OF MINISTEM. to hear sermon the foresaid day; which being ended, and intima- tion being made by the minister, that they are to go about the election of a pastor for that congregation, the session of that congregation shall meet and proceed to the election, the action being moderated by him that preached : And if the people shall, upon the intimation of the person agreed upon by the session, acquiesce and consent to the said person, then, the matter being reported to the presbytery by commissioners sent from the session, they are to proceed to the trial of the person thus elected, and finding him qualified, to admit him to the ministry in the said congregation. 3. But if it happen, that the major part of the congregation dissent from the person agreed upon by the session, in that case, the matter shall be brought unto the presbytery, who shall judge of the same-, and if they do not find their dis- sent to be grounded upon causeless prejudices, they are to ap- point a new election, in manner above specified. 4. But if a lesser part of the session or congregation, shew their dissent from the election, without exceptions relevant and verified to the presbytery; notwithstanding thereof, the presbytery shall go on to the trials and ordination of the person elected ; yet all pos- sible diligence and tenderness must be used to bring all person* to an harmonious agreement. 5. 'Tis to be understood, that no person under the censure of the kirk, because of any scandalous offence, is to be admitted to have hand in the election of a mi- nister. 6. Where the congregation is disaffected and malignant,- in that case, the presbytery is to provide them with a minister. — Act Sess. i-. Aug. 4. Ass. 1G49. II. 'Tis enacted and decUu-ed, That in the moderation of calls to ministers for supplying vacant parishes, no person shall be ad- mitted to vote, who has cither twice heard sermon in any meet- ing or congregation not allowed by law; or attended divine worship performed by any non-jurant minister or preacher of the episcopal communion, or where King George and tlie royal ETISCOPACy. 119 ftmily were not prayed for in express words, within twelve ka- lendar months immediately preceding the vacancy of the church to be supplied; or, who during any part of that time, has re- ceived the sacrament of the Lord's Supper dispensed by such ministers, or allowed their children to be baptised by any of them.— ^c^ 4. Jss. 1748. EPISCOPACY*. I. The confession of faith, and several acts of the general as- semblies of this church declaring against, abolishing, and con- demning all errors and corruptions in doctrine, discipline, and government; and particularly, the Roman hierarchy, and estab- lishing and ratifying the liberty, discipline, and jurisdiction of the true kirk, in her sessions, presbyteries, synods, and general assemblies, and gradually advancing and carrying on the work of reformation from the year 1575, to the year 1595, are recapitu- lated: And 'tis declared. That according to the confession of faith, as it was professed in the years 1580, 1581, and 1590, all Episcopacy, different from that of a pastor of a particular flock, was abjured in this kirk, and to be removed out of it: And therefore, all persons are prohibited, under ecclesiastical cen- sures, to usurp, accept, defend, or obey, the pretended authority thereof, in time coming. — ^ct Sess. 16. Dec. 8. ^ss. 1638. II. Mr. George Graham, late pretended bishop of Orkney's renunciation of Episcopacy, is recorded in Scss. 8. Aug. 17. Asj, 1639. III. Presbyteries and synods are allowed to receive Episcop4 ministers, with the qualifications condescended on in Act 15. Ass. 1690. (a)- Jet 11. Ass. 169k (b) * See Evils of the Kirk. (a J Instructions, i. (bj Ibid. 2. 120 ERtlONEOUS DOCTRINE. — EVILS OF THE KIRK. ERRONEOUS DOCTRINE. I. All persons are discarged to preach or disseminate any erroneous doctrine, opposite to any head or article of tlic con- fession of faith of this church; and particularly, the venting of any Arminian or Socinian error is discharged j and the respec- tive judicatories of this church are ordained, to advei-t to any who shall teach or vent such errors, and to proceed to censure them therefore, as shall be found just and requisite for suppres- sing the same; and more especially, that the synod of Fife take heed to ^Ir. Grahame at Dumfermline, that he contravene not this Act 12. Jss. 1704. II. 'Tis recommended to all ministers of this church to be careful in their several charges, to guard against the spreading of any error, contrary to the standards of doctrine, and condemned by acts of assemblies, particularly such as strike again s the funda- mentals of our holy religion. — ^Ict 8. Ass. 1730, EVILS OF THE KIRK. . That the service, or common prayer book, book of canons, and consecration or ordination, and the high commission-court, be rejected; the articles of Perth be no more practised; that episcopal government, and the civil places and power of kirkmen be holden still as unlawful in this kirk; that the pretended assemblies at JLinlithgow 1606 and 1608, at Glasgow 1610, at Aberdeen 1616, at St. Andrews 1617, and at Perth 1618, be thereafter gccounted as null and of none etTect, as the main and most material causes, of the many and great evils that in time past had so sore troubled the peace of this kirk and kingdom; and that^ for the preserving of religion, and preventing all such evils in time coming, general assemblies rightly constituted, as the proper and competent judge of all matters ecclesiastical, be thereafter kept yearly, and oftener pro re nata^ as occasion and necessity shall EXCOMMUNICATIOK. 121 require J the necessity of all these occasional assemblies being first remonstrated to his Majesty by humble supplication: As also, that kirk-sessions, presbyteries, and synodical assemblies, be con- stituted and observed according to the order of this kirk. — Act Sess. S. Aug. 17. Ass. 1G39. Nota. After the voting of this act, his Majesty's commissioner consented verbally thereto, and promised to give in to the clerk in writ a declaration of his consent, and that he should ratify this act the then ensuing parliament. EXCOMMUNICATION*. I. The pretended Archbishops of St. Andrews and Glasgow, the bishops of Edinburgh, Galloway, Ross, Brechin, and Aber- deen, are deposed and excommunicated; and the pretended bishops of Dumblain, Murray, Orkney, Lesmore, Isles, Dunkeld, and Caithness, are deposed for sundry heinous offences and enormities proven against them, and are ordained to be excom*' municated, in case of their disobedience to the ordinances of the assembly, by Act Sess. 20. Dec. 13. Ass. 1638. II. The act of assembly at Edinburgh 1569, ordering, that those who will not forbear the company of excommunicated persons after due admonition, be excommunicated themselves, except they forbear; is ordained to be put in execution, by Act Sess. 23. 24. Lee. 17. 18. Ass. 1638. Art. 16. III. That if any minister haunt the company of an excommu- nicated person, contrary to the laws of the kirk, he be suspended from his ministry, by his presbytery, for the first fault, during their pleasure; and for the second fault, that he be deprived; and * See Deposed Ministers, I. 4. 9. Papists, 2. 3. PecuiiinI Pains. Propositions, § 4. Ecclesiastical Remedies of Sins, 3. Ec- olesiastlcal Remedies against Profanencss, 13. War Unlawful, § 2, R 152 fiXCOMMUNICATlOM- in case the presbytery be negligent therein, that the provincial assembly do censure the presbytery thus negligent. — Act Sess. ult. Aug. 19. Ass. 1643. IV. The article of the heads and propositions sent to the as- sembly held at Edinburgh in 1573, by the Lord Regent, and ap- proven by the assembly, bearing, that it was resolved, that the executions of the sentence of excommunication against persons excommunicated, after the space of forty days past, should be presented to the Lord Treasurer or his clerk, to receive also civil execution upon his Majesty's charges in manner mentioned in the act, is ratified and approven, and presbyteries are ordained to cause send in to the procurator or agent for the kirk, minutes and notes of the sentences of excommunication within their bounds, bearing the time and cause thereof, under the hand of their moderator or clerk, or of the minister that pronounced the sentence, for the end above mentioned, and that particular account be craved hereof in every general assembly. Ibid. V. George Earl of Seaforth ordered to be excommunicated, and intimation to be made thereof in all the kirks of Scotland. — Sess. 10. Jum 13. Ass. 164.6. VL That the sentence of excommunication being first intimated throughout all the churches within the presbytery where the said sentence was pronounced, (if the persons continue obstinate) the presbytery shall then give an account thereof to the synod, who shall appoint the like intimation to be made in all the churches within their bounds; and, if, notwithstanding of this and other due means used to reclaim them, they still continue obstinate, in that case, that an account of their names and sentences passed against theni, be brought by the said synod to the general as- sembly, that tliey may appoint intimation thereof to be made throughout all the churches of the kingdom; and that at the foresaid respective intimations, ministers take occasion to hold forth tlac sad st»te and condition of the excommunicated persons. EXCOMMUNICATION LESSER. — GREATER. 123 and that they inform the people how to carry towards them. — Act 9. Jss. 1704. EXCOMMUNICATION LESSER*. The kirk-session having brought the process to an intimation of the sentence of the lesser excommunication, before they inflict the same, they are to refer the affair to the presbytery, bringing their whole proceedings before the presbytery in writ, that they may have a full view of the whole affair. — Form Pvoc. cap. 8 $ i. Act 11. Ass. 1707. , EXCOMMUNICATION GREATERf. If persons continue under the lesser excommunication a con- siderable time, and be found frequently relapsing into these vices they were censured for, it may be construed such a degree of contumacy, and so aggravate the crime, as to found a process for the higher excommunication to be inflicted, or not, as may tend most to the reclaiming of the guilty, and edification of the church. Form Proc. cap. 3. § 6. All processes, in order to the greater excommunication, are to be grounded on mani- fest contumacy, or obstinate continuance in scandalous prac- tices, and where these arc not, the lesser excommunication needs only to have place ; yet in some extraordinary cases, tlae church, according to scripture warrant, hath summarily excommunicated persons guilty of notour, atrocious, scandalous sins, to shew the church's abhorrence of such wickedness, Ibid. cap. 8. § 1. Though a scandal hath been delated, and contumacy hath followed by not appearing, yet if no scandalous practice hath been proven, then only the simple contumacy is to be pro- * See Relapse. Single A£l8 of Scandal. Correspondence of Judicatories, 2. Absolution, i. Ministers, 5. § 6. f See Absolution, 2. JMinistcis, 5. § 6. i ..t' 124f EXCOMMUNICATION GREATER. ceeded against, for which it were hard to go a greater length than the lesser excommunication. Ibid. § 2. If the scandal hath been proven, and the censure of the lesser excommunication intimated, as in Form Proc. cctp. 3. siipra^ there is to be no further proceeding, unless the scandal be gross, or of an heinous nature, or that it is spreading and infectious, as in heresies, or schism in the church •, in which cases contumacy is to be pro- ceeded against, in order to the greater excommunication. Ibid. § 3. If the presbytery find the lesser excommunication not suf- ficient, and that the affair is so weighty as to oblige them to en- ter on the process, they are to cause the ofEcer to cite the scan- dalous person. Ihid. § 5. If the party appear and deny the scandal, they are to proceed and lead probation as in other cases. Ibid. § 6. If the party contemn the citation, the pres- bytery is to renew the same, until he hath got three; and afier the three citations he is to be cited out of the pulpit, and inti- mation is to be made, that the judicatory will proceed to enquire into the presumptions or probation of the guilt; and this is to hz done although the delinquent be absent. Ihid. § 7. Then the presbytery is to order the minister of the congregation next Sab- bath, after forenoon sermon, to inform the congregation of the kirk-session and presbytery's proceedings, and the party's con- tumacy, and that the presbytery intended to proceed to the highest censure-, and the minister is gravely to admonish the party (if present) to repent and submit hinjself, threatening him, that if he continue impenitent, the church will proceed ; yea, though he be absent, the minister is to acquaint the people that the church requires him to repent and submit under the foresaid certification. Ihid. § 8. There should be three public admonitions, and a presbytery should intervene betwixt each admonition; and if the person still continue impenitent and con- tumacious, the same is to be represented to the presbytery, who arc thereupon to anroint public prayers thrice to be made for EXCOMMUNICATION GREATER. 125 • the scandalous, impenitent, or contumacious person, humbly to beg that God would deal with his soul, and convince him of the evil of his ways. Ibid. § 9. These public prayers are to be put up tlirce several Sabbath days, a presbytery (where it meets at least once a month) intervening betwixt each prayer. Ibid. § 10, If the party continue still impenitent, the presbytery, after prayer, is to pass sentence, and to appoint a minister to intimate the same, and to shew the presbytery's resolution to proceed upon such a Sabbath as they shall name, for pronouncing the sentence solemnly in the face of the congregation, unless either the party, or some for him, signify some relevant ground to stop their pro- cedure. Ibid. §11. That day being come, the minister should preach a sermon suited to that solemn occasion, or at least, af- ter sermon, should shew the congregation what he is going about, introducing the narrative of the process, with a discourse concerning the nature, use, and end of church censures, parti- cularly the greater excommunication, if he hath not done it fully in his sermon. Ibid. § 12. Then he should narrate the steps of the process, and shew that now all other means being used, there remained only that of cutting off the scandalous per- son from the society of the faithful, and intimating the presby- tery's warrant and order so to do. Ibid. § 13. Before sentence the minister is to pray with the congregation, that God grant repentance to the obstinate person, and bless his ordinance, and make it effectual both for the edification of others, and reclaim- ing the obstinate sinner. Ibid. § 14. Then, after prayer, the minister is with gravity and authority to pronounce the censure, showing our Lord's command, the apostle Paul's direction, and recapitulating the presbytery's warrant, and resuming the scan- dalous and obstinate person's behaviour, whom he is to name. He therefore In the name and authority of our Lord and Master Jesus Christ, doth in verbis dc present: pronounce and declare him or her excommunicated, shut out from the communion of 126 EXCULPATION. the f-ilthful, and debarring that person from their privileges, ia the words of the Apostle, deUvering that person over to Satanj which sentence is to be intimated, according to j4ct 9. Ass- 1701. (a) Ibid. § 15. If before pronouncing sentence, the scandalous person make any public signification of his repent- ance, and his desire to have the censure stopped, the minister, upon apparent seriousness, may delay it, till he report to the presbytery, who are to deal with the person as they see cause. Ihid. § 16. After pronouncing the sentence, the people are to be warned to shun all unnecessary converse with that person j nevertheless excommunication dissolveth not the bonds of civil or natural relations, nor exempts from the duties belonging thereto. Ibid. § 17. If after all diligence and vigilance, both by doctrine and discipline respectively, for preventing and purging out errors, heresies, schisms, and scandals, tending to the detri- m^ent and disturbance of the church, these means alone prove not effectual to that purpose, it is necessary to employ the aid of the civil magistrate, who ought to use his coercive power for the suppressing of all such oftences, and vindicating the discip- line of the church from contempt. Ibid. § IS. — Act 11. Ass. 1707. EXCULPATION*. The party accused compearing, may desire such questions, or cross-questions to be proposed to the witnesses, as may tend to his exculpation. Form p roc. cap. 2. ^ 12. If grounds of exculpa- tion be before probation offered to be proven by witnesses, the moderator and clerk, if required, are to give warrant, to cite witnesses upon the party's charges ; the relevancy of the exculpa- tion being first sustained: And if the exculpation be fully provenj ~* -Pw^ oee Witnesses. («) Excommunication, 6. EXERCISE AND ADDITION. — EXHORTATION. 127 as to the substance of the scandal, all furtlicr proof of the h'bel must sist, and the defender be assoilzied, as if the libel be special as to the time and place of a fact, and the accused more pregnantly allege and clearly prove alibi; but the substance of the scandal being once deponed upon, there is no place for exculpation, un- less it be as to some alleviating circumstances, not contrary to, but consistent with the depositions. — Ibid. § 13. Act 11. Ass, 1707. EXERCISE AND ADDITION*. 'Tis seriously recommended to the several presbyteries within the church, to set up the use of exercise and addition, con- form to the ancient practice of this church; and their diligence therein is appointed to be recorded in their respective registers. And 'tis recommended to the several presbyteries, that they be careful to keep and maintain bursars of theology, conform to the ancient practice, and the acts of former acsemblie?;. — Act 17. Ass. 1694. EXHORTATIONf. A brotherly exhortation from the general assembly to their brethren in England-, wherein they acknowledge God's mercies to both kingdoms, and their own sins; they regret the inter- ruptions put to the work of reformation, especially by those in power and place in England-, they declare their sympathy with, and commend the singleness and boldness of those in England, who suffer for the truth ; they warn all such as have forgotten the covenant, and despised the oath of God, and wholly over- turned the fundamental government by king and parliament, to repent, and not to judge their cause right because of their suc- * See Expectants, i. f See Dcclarat'on, 4. 6. 7. 8. i2S EXPECTANTS. cessi they threaten them, that God will bring down their pride and power; they declare, That the duties contained in the cove- nant are moral and lawful, and the engagements therein not only moral, but personal, and which cannot be dispensed with ; they bear testimony against the toleration in England, and comfort God's people with this confidence, that God would yet revive his work; is recorded in Sess. ult. Aug. 6. Ass. \6A:9. EXPECTANTS*. I. In the trial of expectants before their entry to the ministry, it being notour, that they have subscribed the confession of faith then declared in that assembly, and that they have exercised often, privately and publicly, with approbation of the presbytery; they shall first add, and make the exercise publicly, and make a discourse on some common head in Latin, and give propositions thereupon for dispute; and thereafter be questioned by the pres- bytery upon questions of controversy and chronology, anent particular texts of scripture, how they may be interpreted, ac- cording to the analogy of faith, and be reconciled; and shall be examined upon their skill of the Greek and Hebrew; and they are to bring a testificate of their life and conversation from their college or presbytery, where they reside. — Act Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art. 12,. II. That expectants, refusing to subscribe the covenant, be declared incapable of a pedagogy, teaching of a school, reading in the kirk, or preaching within a presbytery; and shall not have liberty of residing Avithin a burgh, university or college ; and if they continue obstinate they shall be processed. — Act Sess. 10. Aug. 5. Ass. 1640. • Sec Ministers* Probationers. Intrants. Preaching in Public. Confession of Faith, 7. 8. EXPECTANTS. 129 III. That, 1 . No expectant be permitted to preach in public before a congregation, till first he be tried after the same manner, howbeit, not altogether with th;t accuracy, which is enjoined by the act of Ass, Dec. 1 638. («) which prescribes the order and man- ner of trial that is to be kept with those, that are to be admitted to the holy ministry; and that none, so tried, do preach in public, without the bounds of the university or presbytery where he past trials, till first he make it known to the other presbytery, wdicre he desires to be heard, by a testimonial from the university or presbytery where he lived, that he hath been of an honest con- versation, and passed his trials conformed to the order here pre- scribed; which being done in the meeting of the province or presbytery where he desires to be heard, he is to be allowed by them to preach within the bounds of that province or presbytery, without any further trial to be taken of him. 2. Expectants being educated in a college that was corrupt, or under a corrupt ministry, if they themselves have been know^n to have been tainted with error, or opposite to the covenant and the blessed work of reformation within this kirk, the same order is to be kept in admitting them 40 the holy ministry, or to any place in the colleges or schools of this kingdom^ that was ordained to be kept in the admission of these ministers who fled out of the country, and shewed themselves opposite to the covenant and reformation. —Act Sess. 15. Aug. 7. Ass. 1641. Art. 2. 3. IV. 'Tis ordained, That every presbytery give up yearly to their synods, a roll or list of the ablest of their expectants, who have undergone due trials, and after trials have been upon public exercise, at least, for the space of half a year, or longer, as the presbytery shall find necessary, or even of actual ministers ; and that the synods elect out of these rolls, such persons whom (a) Supra, I s 130 tXPECtANTS. they, In certain knowledge, judge most fit for the ministry, and worthiest of the first place; and synods are impowered to add to, or alter these rolls given by the presbyteries, as they shall think reasonable; and that synods send the rolls made by them in this manner to the next assembly, Avho shall also examine the rolls of the synods, and add to or alter the same, as shall be thought expedient; which roll made by the assembly, shall be sent to every presbytery; and that the presbytery, with consent of the most or best part of the congregation, make a list of six persons willing to accept of the presentation, out of that roll of the as- sembly, upon every occasion of vacation of any kirk within their bounds, and shall send the same, together with a blank presentation (if his Majesty be patron of the parish) by the procurator or agent of the kirk, to such as the com- missioners of the general assembly, or, in their absence, the presbytery of Edinburgh, shall direct, and think at that time most able and willing to obtain the presentation to be signed, and filled up by his Majesty's choice of one of the list; and if the vacant kirk be of a patronage disponed by his Majesty since the 3d of January, in that case, that either the presbyteries them- selves send a list of six persons in manner foresaid, with a blank presentation to the patron, to be filled up by his choice, or send the same to the said officers of the kirk, to be conveyed by them to the patron of the vacant kirk, as the presbytery shall think most expedient; and that expectants thus presented, be again duly tried before their admission : And for the better discovering of the right and interest of the kirk, and presbyteries in kirks, whereof gifts of patronage may be presented to the exchequer, every presby- tery is ordained, with all diligence, to use all means of exact trial of the nature and quality of all kirks within their bounds; as, what kirks belong to the King's patronage, and what to other laick patronages, what kirks of old were planted by presbyteries, and what by prelates and bishops before the assembly at Glasgow, EXPECTANTS. 131 in 1638 } what hath been the way and time of the change of the planting and providing of the kirks, if aav have been changed, or any other thing concerning the nature and quality of every kirk within their bounds, and to send the same to the procurator of the kirk with all diligence. Act Sess. 7. Aug. Ass. 1642. — This act respects Lowland kirks; but in the Highlands, because of the paucity of expectants, who have the Irish language, his Majesty is entreated to accept of a li^t of so many expectants as can be had, able to speak that language, which the King's com- missioner promised to recommend to his Majesty. Ibid. V. In respect of the difficulty of obtaining six able and well qualified persons to be put into a list to his Majesty, for every vaiking kirk, in his IMajesty's presentation, 'tis recommended to his Majesty's commissioner, and undertaken by him, to represent to his Majesty; that it is the assembly's humble desire, that he would be pleased to accept of tluree, for kirks in the Lowlands, and of any one qualified man, having the Irish language, for kirks vaiking in the Highlands; and 'tis recommended to every presbytery, to advise upon the best ways and means, for provid- ing and planting vacant kirks, that all occasions of contests, and differences among patrons, presbyteries, and parishes, might be removed, and report to the next assembly. — Scss, ult. Aug. 19. Ass. 1643. VI. All former acts and ordinances, for trial and admission of expectants to the ministry, especially the articles thereanent, allowed by Ass. 1596, and approven by Act Sess. 23. 24. Dec. 17. 18. Ass. 1638; {a) the 13th article, (h) concerning the age of intrants to the ministry, and the 23d article, ("f^ concerning the trial of expectants, of the foresaid Act of Ass. 1688, and Act Sess. 7. Aug. 3. yjss. 1642, (d) concerning lists for presentations {a) Ministers, I. ((J) Ministcis Admission, i. (f) Supra, i. [d) Supra, ^, 132 FASTS ADD THANKSGIVINGS. from the King, and the trial of expectants, are revived; and presbyteries are ordained to observe the same carefully in all time coming. Act Sess. 27. Aug. ult. Ass. 164-7. And this act is again renewed in Act 10. ("f^ Ass. 1704. F. FASTS AND THANKSGIVINGS*. I. A day of fasting and humiliation is appointed for the causes mentioned in Act Sess. 13. Aug. 6. Ass. 1642. II. That not only the members of the general assembly, but all the congregations also of the town where the assembly holds, be exercised in fasting and humiliation, the first day of the meet- ing of the general assembly, for craving the Lord's blessing on that meeting-, and that public worship be in all the kirks thereof that day, for that effect. — Act nit. Se^s. 7. June 4. Ass. 1644. III. But the said act, as to public fastirg in the congregation, is suspended, until the matter were further considered; the ex- ercises, for the members of the assembly at their first meeting, being still observed according to the ancient and laudable prac- tice.—^r? Sess. ul.'. June 18. Js: 1646. IV. A solemn national fast and humiliation is appointed to be kept for the public defections and sins of the land, both in the late and present times; whereof see a long narration in the act; which also conta-ns a serious exhortation to repentance, and the performance of several duties, and to fervent prayer for several blessings therein mentioned. — Act 12. Ass. 1690. V. Another fast, for the like causes, is appointed by Act 6. Ass. 1699. • See Irregularities. fej Intrants, 3. FASTS AND THANKSGIVIKGS. iSS VI. Another, by jlct 5. ylss. 1700. VII. Another, by Jet 9. Ass. 1701. VIII. Tis recommended to the several presbyteries, to appoint a fast to be observed within their respective bounds, for the Uke causes, by Act 26. Jss. 1704. IX. *Tis recommended to the several synods and prsbyteries, to set apart a day for public fasting and prayer for her Majesty's preservation and the Protestant religion, by Act 17. Ass. 1705. X. A solemn fast and humiliation is appointed for the same causes with the former; aud particularly, for the result of the treaty, then on foot, betwixt Scotland and England, by Act 19. Ass. 1706. XI. A solemn fast Is appointed for a dearth, and threatened scarcity. — Act 8. Ass. 1709. XII. A fast is appointed for the great and crying sins of the land. — .let 6. Ass. 1710. XIII. All ministers and members of this church are appointed, religiously to observe all fasts and thanksgivings, whether ap- pointed by the church, or the supreme magistrate, for just and necessary causes: And presbyteries and synods are appointed, to take particular notice of the due observation of this /let 7. Ass. 1710. XIV. 'Tis appointed, That the several presbyteries at their first meeting after every public fast or thanksgiving, whether by civil or ecclesiastical appointment, call the several brethren within their bounds to an account how they have observed such fasts and thanksgivings, and record their diligence therem. And synods are enjoined, at their privy censures, and at their revising of the presbytery books, to take particular notice how the present and the above Act 7. Ass. 1710, have been observed by presbyteries, and the several ministers therein: And they are appointed to record their diligence in their books. — Act 4. Ass. 1722. 134 FATHER. XV. A national fast is appointed for the causes mentioned In ^ct 5. Ass. 1726. XVI. The several presbyteries within the church are appointed to fix upon a particular day in the month of June for the ob- servance of a fast on accoiuit of a scarcity and a war under which the nation was groaning. — Act 4. Ass. 1741. XVII. A solemn national fast is appointed for the reasons set forth in the act; and supplications proper for the occasion en-* joined. — Act 6. yiss. 1756. X\''III. 'Tis recommended, to all ministers, to take such methods as shall appear to them most effectual to fix the attention of all ranks upon the lessons of contrition, of 'thankfulness, and liberality, which then the dispensations of Providence, and the seasonable supply of provisions especially taught. This re- commendation is appointed to be transmitted to presbyteries,as soon as possible. — Act 7. Ass. 1783. FATHER. An unm.arricd woman found with child, being cited, and com- pearing before the session, Is to be interrogated, who is the fa- ther of the child: And if she discover him not she is to be looked on as contumacious. Form Proc, cap. 4. § 5. Some- times prudence may requir^ that a person named to be the fa- ther, be informed thereof, and spoken to privately; and If he de- ny the same, he Is to be seriously dealt with to confess; but if he still deny, the session is to cause him to be cited to appear be- fore them. Ibid. § 6. If, when he compears, he still deny, he Is to be confronted with the woman, and the presumptions as particularly held forth as possible ; and all along there should be private treating with him, in all meekness, charity, and serious- ness; and if, after all this, he deny, tliough the woman's testi- mony can be no sufficient evidence against him; yet pregnant presumptions, such as suspicious frequenting her company, or EATHER.~ ' 135 l)eing solus cum sola in loco suspccto^ or In suspicious postures, or such like, which he cannot disprove to the satisfaction of the session, may so lay the guilt upon him, as to shew him, that there appears no other way of removing the scandal, but his ap- pearance to be publicly rebuked therefore : If he will not submit to this, It perhaps may be more for edification, that a true narrative of the case be laid before the congregation, and inti- mation given, That there can be no further procedure in the matter, till God give further light, and sist there at the time, than that an oath be pressed, and, upon refusal, proceed to the higher excommunication. Ihid. § 7. (^a^ If the delated father purge himself by oath, the woman is to be dealt with to give the true father; and If, after all serious dealing and due dili- gence, she give no other, she is to be censured, according to the quality of the ofFence confessed by her, without naming the person delated by her; the judicatory reserving place for further censure, upon further discovery. Ibid. § 1 0. If the woman de- clare she knows not the father of the child, alleging she was forced, as In the fields, by a person unknown, or any like rea- son ; In these cases, great prudence is to be used, the former behaviour of the woman exactly searched into, and she serious- ly dealt with to be Ingenuous; and if she hath been of entire fame, she may be put to declare the truth, as If she were upon oath, but not without the advice of the presbytery; and no for- mal oath should be taken; and if the woman confess she was not forced, but doth not know the mah, whether married or unmarried; the same censure is to be infiiclcd upon her as in the case of adultery. — Ihld. § 11. yict 11. Ass. 1707. (rt) Seethe remainder of this, ami Sections 8 and 9, in Purgatioa Oath — Sec also, Process, 3. 1S6 FORMULA. FORMULA*. I. The presbytery of Auchterarder, is appointed to give Mr. William Craig an extract of his licence to preach the gospel: And the said presbytery, or any other presbytery within this national church, are discharged to require subscriptions of any young men, to be licensed to preach the gospel, or ordained to the office of the ministry, to zny formula y but such as is, or shall be agreed to, and approven by the assemblies of this church: And the assembly declared their abhorrence of the proposition -^ required by the said presbytery of Mr. Craig, viz. *< And further, 1 hat I do believe, that it is not sound and orthodox to teach, that we must forsake sin, in order to our coming to Christ, and instating us in covenant with God," as unsound and most de- testable, as it stands and was offered by the said presbytery to be subscribed by Mr. Craig: But the ministers of the said presby- tery not being present to answer for themselves, they were aj)- pointcd to be cited before the commission, to answer to them in the matter above written; and the commission is appointed to determine therein, as they shall find just. — Act 10. Ass. 1717. II. The bretliren of the presbytery of Auchterarder, having compeared before the commission, and represented what they intended by the said proposition, and the commission having accepted of the sense they offered of it, with this declaration always, that however sound and orthodox they were in their meaning, and what they intended by that proposition, yet they had expressed it in words very unwarrantable and exceptionable: And the commission having admonished them, and discharged them to use that expression in time coming, and the brethren of * See Commissioners to Assemblies, 8. Commissions to Mem- bers of Assemblies, 3. 4. 5. Instructions, 2. Probationers, 3. FORNICATION. — FUGITIVES FROM DISCIPLINE J 37 Auchterarder having engaged to observe this prohibition; the as- sembly approved of their commission's proceedings in this matter; and, for vindication of their brethren of Auchterarder, appointed the above to be printed among their pubUc acts. — Act 8. Ass. 1718. FORNICATION*. That all married persons, under public scandal for fornicatioti committed before marriage (although the scandal thereof has not appeared before marriage) do satisfy publicly for the sin com- mitted before their marriage, their being in the state of marriajic notwithstanding-, and that in the same manner, as they should, have done if they were not married. — Act S ess. 7. yunc 11. Ass. 1646. FUGITIVES yROM DISCIPLINE. If persons, under process for scandal, abscond, they, after being called, and not compearing, should be cited, first from the pulpit of the parish where the process depends, and they reside-, and if they appear not, they are, by order of the presbytery, to be cited from the pulpits of all the kirks of tb.eir bounds, to compear before the presbytery ; and if they do not compear, they are to be declared fugitives from discipline, and the same to be intimated in all the kirks within the bounds of the presbytery, desiring, That if any know of the said fugitives, they may acquaint the minister or elder of the bounds thereof: And tlie presbytery arc to sist there, until they get further notice of these persons. — Fciat Pr'oc. cap. 2. § 16. Act 11. Ass. 1707. * Remedies EcclesiaRtic against Profiiucness, 5. Piofaacnca?, 2. Overtures, 2. r 158 FUNERAL SERMONS. — GLEBES, &C. GRIEVANCES^ &C. FUNERAL SERMONS. Funeral sermons are discharged, as savouring of superstition. ^Act Sess, 23. 24. Dec. 17. 18. y^ss. 1638. Art. 22. G. GLEBES AND MANSES. 'TIs recommended to the parliament, or commission for plant- ing kirks, to provide ministers in manses and glebes, and remead the prejudice sustained by ministers in having their glebes divided into parcels, and by lying far from their charges. — Sess. ult, Sept. 1. Ass. 1647. GRIEVANCES OF THE CHURCH. The assembly- approves of a memorial setting forth fully the church's grievances from patronages, from the toleration, as it Stands ; the hardships imposed upon Scotchmen in office in Eng- land and Ireland, in obliging them to take the sacramental test, and the prejudice done to this church by the differences that have arisen about the oath of abjuration; and recommends to all their members to use their endeavours with friends at London, that the end of the addresses set down in acts 16. 17. Ass. 1712, concerning the oath of abjuration, may be obtained; and the said memorial is put into the hands of their commission, who are enjoined to use all due means to obtain redress, and to send the same to the secretary of state, to be laid before liiK Majesty.— ^t:i 9. ^.j. 1715.^ GROSS SCANDALS. 159 CROSS SCANDALS*. I. In gross scandals, the rules in Act -i. Ass. 1705, (^b) are to be followed. — Form Proc. cap. 3. § 5. Act 11. Ass. 1707. II. Processes, for the scandals of incest, adultery, trilapse in fornication, murder, atheism, idolatry, witchcraft, charming, heresy, and error vented and made public by any of the con- gregation, schism and separation from the public ordinances; and such like gross scandals, processes in order to the highest censures of the church, and continued contumacy, natively begin at the kirk-session; yet the session does not linally determine them themselves, but having received information of them, they are to weigh the same according to the rules and directions pre- scribed in other processes, which belong to their peculiar pro- vince, and to deal with the accused to confess; which being done, they are to refer the case, and send an extract of their procedure thereanent to the presbytery. Form Proc. cap. G. § 1. When there is no confession of the above mentioned scandals, the session are not to lead probation of witnesses or presumptions, until the matter be first referred to the presbytery as aforesaid, and the presbytery appoint them to proceed and lead probation; and after probation is led, the same is to be brought to the presbytery, who may inflict what censure they see cause Ibid § 2. If the process be clear, as in case of a judicial confession, the session may summon the delinquent, when before them, to compear before the presbytery without previously acquainting them there- of; but where there is any difliculty, the session sliould take the presbytery's advice, before a party be summoned before them.— * See Excommunicauon Greater. (b) Scandals, 4. I'iO CROSS SINS. Ib.§S. When the parties confess before the presbytery, and pro* fess repentance, the presbytery having gravely rebuked, and seriously exhorted them, are to determine the censure, and pre- scribe the time and place of the parties profession of repentance publicly, in the church of that congregation where the process began, or remit them to the session to give orders thereanent. lb. § 4. 'Tis more fit that the scandal be removed in the congrega- tion, where the offence is most flagrant ; especially, if the party reside in that parish, rather than in the place where it was com- mitted, if not public there j and that intimation be made, of the removing thereof, in other places, if found needful. Jh,§ 5. When persons censured for gross scandals, apply to the session for re- laxation, they may be both privately conferred with, and their acknowledgements heard before the session; but they ought not to be brought before the congregation, in order to absolution, nor be absolved, but by advice and order of the presbytery. — Uid. § 6. Act 11. Ass, 1707. GROSS SINS. •That all presbyteries give up to the justices, the names of the adulterers, incestous persons, witches, and sorcerers, and others guilty of such gross and fearful sins within their bounds, that they may be processed aud punished, according to the laws of the kingdom; and that the presbyteries and synods be careful herein, as they will answer to the general assembly; and because witchcraft, charming, and such like, proceed many times from ignorance, that therefore all ministers, especially in these parts where these sins are frequent, be diligent in preaching, catechis- ing, and conference, to inform their people therein. — Oiscrt. and Act Scss. 11. Aug. 5. Ass. 1642. HIGH COMMISSION COURT. — HIGHLANDS. 141 H. HIGH COMMISSION COURT. The high commission-court is disallowed, and condemned as unlawful in itself, and prejudicial to the liberties of Clirist's kirk and kingdom, the King's honour, in maintaining the established laws and judicatures of the kirk; and the use and practice of the same is prohibited; and presbyteries are ordained to proceed with the censures of the kirk against all such as shall transgress. — Act Sess. 14. Bee. 6. Ass. 1G38. Art.- 4. HIGHLANDS *'. I. That the knowledge of God in Christ may be spread througli the Highlands and Islands, 'tis agreed, 1. That an order be procured that all gentlemen who are able, do send at least their eldest sons, to be bred in the Inland. 2. That a ministry be planted among them, and for that eflfect, that ministers and ex- pectants, who can speak the Irish language, be sent to employ their talents in these parts; and that kirks there be provided as other kirks in this kingdom. 3. That Scots schools be erected in all parishes there, according to the act of parliament, where conveniently they can be had. 4. That all ministers and ruling ciders that have the Irish language, be appointed to visit these parts ; and this purpose is recommended to further consideration, that more overtures might be prepared thereanent against the next assembly. — Scss. ult. June 18. Ass. 1646. II. Some Highland boys are rccoma'icndcd to bursaries iu * Sec Schools, 2. § 5. Libraries. Bursars, i:;. Irish Language- Frobationerfi, 3. 5. 6. H-2 HIGHLANDS. universities, and every congregation is appointed to pay forty shillings Scots yearly for maintaining other Highland boys at schools, in manner mentioned in Act Sess.. 29. Aug. 4. Ass. 1648. Nota. This collection was only to endure twelve years. III. The provinces of Murray, Ross, imd Caithness are exeemed from the above contribution of forty shillings, upon condition that each presbytery of these provinces, entertain one having the Irish language at schools and colleges. — Act Sess. 40. Aug. 11. jiss. 1648. rV. Instead of the aboA^e contribution of forty shillings, an extraordinary collection is ordained to be made at kirk doors one Sabbath in the year, for entertainment of Irish boys at schools 'and colleges, by Act Sess. iilt. Aug. 6. Ass. 1649. , V. Enacted, 1. That all ministers and probationers who have •the Irish language, be sent to Highland parishes, and that none of them be settled in the Low Country, till the Highland places be first provided. 2. That ministers and ruling elders, who have the Irish language, be appointed to visit these parts. 3. That where, in any Highland congregation, many understand English, and there used once a-day to be a sermon in English, presby- teries be careful to supply them, sometimes by preaching in English, and that they catechise them who understand not, by an interpreter, when they cannot get one to preach to them in Irish', and that these, whether ministers or probationers, who have somewhat of the Irish language, but not a facility to preach in it, be sent to these parts for the ends foresaid, that by converse they may learn more of the language, and ability to instruct the people. 4. That English schools be erected in all Highland parishes, according to former acts of parliament and general as- semblies-, and 'tis recommended to the commission, to address the King and parliament, to take such course for this and other pious uses in the more northern Highland places, as is done in HIGHLANDS. 14S Argylc. 5. 'Tis recommended to presbyteries and universities, to have a special regard to the disposal of their bursaries, for educating such, as it is hoped, may be useful to preach the gospel in the Highlands; and that the commission address the Lords of the Treasury, and recommend the same to the town-council of Edinburgh, and other patrons for this end. And that the presbyteries of Dumbarton, Dumblain, Auchterarder, Dunkeld, Inverness, Aberlour, Tain, Dingwall, Dornock, and Caithness, have bursars who have the Irish language, if they can be had, and that imiversities recommend students having that language, and who are piously disposed, and of sound principles, to any of the above presbyteries. — Act 9. Ass. 1699. VI. Appointed, 1 . That each presbytery give up yearly to the general assembly a distinct account of probationers and students of divinity within their bounds, who have the Irish language. 2. That ministers having that language settled in the Lowlands, be sent to supply vacancies in the Highlands; and if they get orderly calls, that they be transported thither. 3. A committee is appointed to distribute the Irish bibles, and to take receipts therefore. And 4. To enquire anent the L. 1000. given by the treasury for binding these bibles, and the remains thereof alloted to help a fund for an new impression thereof. 5. That all, especially presbyteries having Irish parishes, consider what may be done to get a fund for a new impression, of these bibles, and of the Irish psalms in metre, and shorter catechisms. 6. That the synod of Argyle translate the confession of faith of this church, and larger catechisms into the Irish language, and exactly notice any typographical errors in the late impression of the L'ish bible, that they may be amended in a new impression, ("rtj^ {a) This recommendation is renewed by Act 17. Ass. 1704, which see ia Libraries, i. 144 HIGHLANDS. 7. That they continue to visit the country and Isles in their bounds, and assist their neighbours. 8. 9. 10. 11. 12. 13. 14. Committees are appointed for visiting several Highland parishes, kirks, manses, glebes, and schools, in manner mentioned in these articles. And 15. That his Majesty be addressed for the effect of his royal munificence to the more northern Highlands, and the concurrence of the nobility and gentry concerned be desired for this end.— Jet 16. Jss. 1699. VII. All presbyteries of this church are discharged for the future, to concur with any call or design of settling any minister or probationer ha^•ing Irish, in any congregation in the Lowlands, unless such persons have been for one year at least in the High- lands supplying vacancies, and no call offered to them, and in that case, presbyteries are allowed to settle tliem; but with this condition, that so soon as a call comes from any Highland pa- rish, needing one having the Irish language, that such persons be transported; and all former acts anent planting the Highlands are renewed; and 'tis referred to the commission to take care that the same be put in due execution. — ^ct 11. yJss. 1708. VIII. Presbyteries arc ordained, when they are to take a young man under trials, who lived for some time in his younger yeai's in the Highlands, or where the Irish language is generally spoken, to write to that presbytery in whose bounds he lived the said time, to make enquiry whether such a person hath the Irish language, or might soon acquire it, and upon report that he hath it, or may soon acquire it, that he be sent to supply in the Highlands, as one that hath the Irish language; and 'tis certified, that if presbyteries, settle any in these circumstances in a con- gregation having only the English language, they shall be cen- sured, and the person so settled shall be transportable to any Highland congregation that shall call him, and shall be liable to be sent as a supply to the Highlands, any such settlement not- mthst?.nding; And the commission is impowered to receive- HIGHLANDS. 14fl complaints from any presbytery or parish in the Highlands, who shall find themselves lesed in this matter, and to put the present act in execution in all points. — Act 5. Ass. 1709. IX. The assembly discharges the planting, in Lowland con- gregations, preachers having the Irish language, especially such as have been educated upon the Highland bursaries; or, trans- planting to the Lowlands, ministers planted in the Highlands, without a particular allowance of the assembly. — Act 8. Ass. 1716. X. The commission is impowered, to send committees to the North and Highlands, to visit churches there and consider the state thereof, and purge and plant kirks, and to join the presby- teries of the bounds they are sent to, and assist them in their work. — Act 9. Ass. 171G. XI. All former acts for planting preachers and ministers in the Highlands,who have the Irish language, and for transporting mini- sters from the Highlands to theLowlands,are ratified and confirm- ed : And 'tis further appointed. That no transportation from the Highlands to tlie Lowlands, nor from one part of the Highlands to another, be granted, nor any thing done by any judicature, which directly tends thereunto, without duly calling all con- cerned, and hearing them thereupon, and examining the suffi- ciency and proof of the reasons on both sides of the question; and 'tis declared and ordained. That from any Highland place, especially where Popery abounds, a minister shall not be trans- ported, nor any steps made towards the same, but upon great and weightyreasons,andforthe evident good of the church: Andmorc- over,That in Highland parishes, wherein Popery abounds, no mini- ster shall be transported, nor any thing done leading thereto, but by the general assembly, except it be to another Highland parish, wherein Popery also prevails. — Act 9. Ass. 1726, IT liG IDOLATROUS MONUMENTS.-IMPIETT.-EDIN. INFIRMART. I. IDOLATROUS MONUMENTS. That idolatrous monuments be taken down, demolished and destroyed with all convenient diligence; and the care of that work is committed to presbyteries and provincial assemblies within the kingdom-, and that their commissioners report their diligence therein to the assembly. — Act Sess. 2. July 29. yiss. 1640. IMPIETY. Ministers and people are exhorted to the religious exercises of public and private worship, and to the duties of mutual edification, and charged to endeavour the suppressing of all impiety, and mocking of religious exercises, and to eschew all meetings which are apt to breed error, scandal, schism, neglect of duties, and particular callings, and such other evils; and the execution of this act is remitted to synods and presbyteries. See at large Act Sess. 10. Aug. 4. Ass. 1641. INFIRMARY EDINBURGH. I. 'Tis recommended, That a public contribution, through all the parishes of Scotland, for advancing an infirmary or hospital in Edinburgh for the relief of the sick and wounded poor, be made upon such Lord's days as presbyteries and ministers shall think most proper. And all v/ell -disposed persons are exhorted to lay to heart the case of the poor and distressed, and, according to their ability, to contribute to their relief by en- couraging that necessary and charitable design; and mini- sters are to enforce the same with suitable exhortations. And 'tis appointed, that the money collected In the several parishes be put into the hands of the moderators of the several presby- INFORMERS.-INNOVATIONS IN WORSHIP.-INSTRUCTIQNS. M? teries, and by them transmitted to Edinburgh. — Act 6. Ass. 1728. II. This recommendation is renewed, in Act 7. Ass. 1731. INFORMERS*. There is no need of an accuser or informer in an ecclesiastical " process, where the same is not raised at the instance of a party complaining formally ; but if the party be acquitted, the informer ought to be noticed either for his calumny, or imprudence, as the judicatory shall find cause. — Form F roc. cap. 2. § 8. Act 11. Ass. 1107. INNOVATIONS IN WORSHIP. The assembly after a long narrative, discharges the practice of all innovations in divine worship within this church, and requires and obtests all the ministers of this church, especially those in whose bounds such innovations are, or may happen to be, to re- present to their people the evil thereof, and seriously exhort them to beware of them; and to deal with all such as practise the same, in order to their recovery and reformation; and enjoins the commission to use all proper means, by applying to the government, or otherwise, for suppressing and removing all such innovations, and preventing the evils and'dangers tliat mav ensue thereupon to this church. — Act 15. Ass. 1707. INSTRUCTIONSf. I. The commissions granted by Act 16. (a) and 17. (l>) Ass. 1690. for visitations on tlie north and south sides of the Tav, * See Ministers, 5. § 3. f See Libraries, 3. Commissions of Assemblies. Commission* for Reformation in the Hi;^h!ands. (fl) Commissions of Assemblies, 13, (/') Ibid. 14. i-\ 14S INSTRUCTIONS. were Instructed : 1. 2. To discuss all references, appeals, and bills committed to them by that assembly. 3. To give advice to presbyteries. 4. Purge out all insufficient, supinely negligent, scandalous, and erroneous ministers. 5. Visit ministers. 6. Ad- mit to ministerial communion, and a share of the government, such of the episcopal clergy, as they, on due trial, found to be orthodox in doctrine, of competent abilities, having a pious, godly, loyal, and peaceable conversation, of an edifying gift, and who, they believe, should be true and faithful to God and the government, and diligent in their ministerial duties, that shall subscribe the confession of faith, and profess their submission to, and willingness to join and concur with the presbyterian church government V. Act cautiously and deliberately in their procedure against the late conformists. 8. Keep close to their instructions. — ^ct 15. yjss. 1690. II. The commission granted by Act 18. Ass. 1694. (c) was instructed : 1 . To determine in all matters remitted to them by the assembly; some of them to go to the North, and the rest to continue in the South; their quorums are fixed; and their first meeting determined by the assembly; but their after meetings left to their own appointment. 2. 3. 4. 5. 6. They are in- structed to receive into ministerial communion, such of the episcopal clergy whom they should find qualified as above, and who should apply personally and orderly, and should acknow- Icdf^e, engage, and subscribe upon the end of the confession of faith, as follows, viz. " I, A. B. do sincerely own and declare *' the above confession of faith, approven by former general as- *' semblies of this church, and ratified by law, in the year 1 690, *' to be the confession of my faith ; and that I own the doctrine " therein contained, to be the true doctrine which I will con- fc) Commissions of Assemblies, \C. IKSTRUCTIONS. 149 " stantly adhere to: As likewise, That I own and acknowledge ** Presbyterian church government of this church, now settled " by law, by kirk-sessions, presbyteries, provincial synods, and *« general assemblies, to be the only government of this church; «< and that I will submit thereto, concur therewith, and never ** endeavour, directly nor indirectly, the prejudice or subversion <« thereof; and that I shall observe uniformity of worship, and " of the administration of all public ordinances within this ** church, as the same are at present performed and allowed." And take trial of ministers accused of any scandal, error, supine negligence, or insufficiency, and report to the assembly; and determine in the case of gross uncontrovcrted scandals, give advice to presbyteries, censure calumniators of ministers. 7. settle elderships, and plant vacant congregations in the North, and determine in appeals. — Act 11. Ass. 1694. III. Instructions, much of the same nature, are given to the commission of the assembly 1698, by act 13. of that assembly. IV. To the commission of assembly 1699, by act 15. of that assembly. V. To the commission of the assembly 1700, by act 20. of that assembly; and they are further instructed, to supply the African and Indian colony with ministers, and to suspend for three months, and thereafter to depose ministers disobeying sen- tences of transportation. VI. The like instructions are given to the commission of the general assembly 1701, by act IG. of that assembly; and renew- ed in the commission given by Ass. 1702. VII. The like instructions are given to the commission of the general assembly, 1703, by act 5. of that assembly. VIII. To the commission of the general assembly 1704, by act 20. of that assembly; and further the care of the Highlands and Islands is particularly committed to them; and they are in- structed to make an application to the parliament, for a com- 150 INSTRUCTIONS. mission for the plantation of kirks, and visitation of schools and colleges. IX. X. The like instructions are given to the commission of the general assembly 1705, by act 14. of that assembly; only they are discharged to meddle with sentences of synods, ex- cepting causes specially referred to them by the assembly: And the same instructions are renevired in the commission given by Ass. 1706. XI. The like instructions as were given to former assemblies to their commissions are given by Act 13. Ass^ 1707. XII. The like instructions are given by assembly 1708, to their commission; only they are further ordered, to apply to, and correspond with the I^ords of council and session, about the design of erecting schools in the north, the Highlands and Islands, and propagating the knowledge of God and our Lord Jesus Christ, in these and foreign parts of the world, and to -write to presby- teries to excite persons to contribute towards that design; and that presbyteries report an account of theii* diligence in that matter to the commission; and 'tis referred to the commission to use their endeavours for the execution of Acts 5. (^a") 8. Q^ and 15. {c) of Ass. 1707. — Act 9. Ass. 1708. XIII. The like instructions as formerly are given by Ass. 1 709, to their commission; only there is added a clause, requiring the commission to take notice of what misrepresentations might be made either at home or abroad, of the doctrine, worship, or con- stitution of this church ; and that they take all decent and j#oper methods for the vindication of the church.- Act 10. Ass. 1709. XIV. The like instructions as formerly, are given to the com- mission, by Act \S. Ass. 1710. XV. And again by assembly 1711; an article is added, re- (a) School?, 6. {b) Papists, w. (c) Innovations. INTRAKTS TO THE MINISTRY. I'Sl quiring them to do what is proper, to maintain the rights and privileges of this church; and another, impowering them to use their endeavours to get a school erected in every parish, accord- ing to law. — Act 9. jiss. 1711. Nota. The like -instructions are given as formerly, to the commissions of the general assembly from 1712, to 1720: And" for instructions by the assembly to her commissions from 1720 forwards. — See commissions of assemblies. XVI. As a particular instruction, 'tis appointed, That all questions concerning the settlement of parishes, not already de- pending before this assembly, but that may be brought befoi'c the commission, in pursuance of a general reference, shall not be decided by them otherwise than by appeal or reference from the synod within which the vacant parishes lie. — Act 7. Ass. 1743. INTRANTS TO THE MINISTRY*. I. All oaths and subscriptions exacted by prelates, of intrants to the ministry, preceding the date of this act, are declared unlav/ful, and no ways obligatory. — Act Sess. 13. Dec. 5. Ass. 1638. II. 'Tis recommended to the commissioners for public affairs, to seek redress from the parliament in relation to the great burdens intrants undergo when they enter the ministry, which hold many of them long at under ; and that ministers manses ^nd stipends may be all made free to the intrant : And they arc appointed to consider of some fitting overtures, to be presented to the parliament fcr that effect. — Sess. 21k. J/aie 18. Ass. 16 16. III. 'Tis appointed, That strict notice be taken of such as pass • See Ministers, 1. and Corruptions in Office, ^ 1.2.3. -• and Corruptions in Calling, $1.2. Confession of Faith, 7. 8. Profanenesr, 3.^1^ 4. Probationers. 152 iNTRUDERS. their trials in order to the ministry; and for that end, all former acts of assembly made in relation thereto, and in particular, the article allowed by the general assembly 1596, and approven in the general assembly 1638. Art. 3. Sess. 7. faj renewed Sess. 27. Aug. ult. Ass. 1647. fbj anent the age of such; as also. Act 10. Ass. l694^,fcJ^nd Act 22. Ass. 1696,C^jare all ratified and revived. And further, 'tis ordained. That the catechetic trials be not perfunctorily gone about; and that presbyteries appoint some of their number to examine them in their own presence, Ji • upon the several heads of divinity, and the government of the church, and to know what reasons they can give of their faith, and sentiments in these matters; and if they can answer some principal objectio«s, and that previously t« all other parts of their trials: And that this be not done hastily, but that a particular competent time be allowed for that purpose; and that there be one trial also given to probationers, of their gifts as to lecturing : And all the several synods are required and enjoined, at their privy censures, to make strict enquiry, how the presbyteries within their bounds have observed this, and other acts of assem- bly made to this purpose. — ^ct 10. ^ss. 1704. INTRUDERS*. I. 'Tis recommended to the commissioners of assembly, and committee for the North 7-cspective, to make enquiry, into un- .\ warrantable and illegal intrusions; and to apply to the Lords of privy council to declare the intrusion, to the effect the kirks intruded into may be planted orderly, with their Lordships assistance. — Act 16. Ass. 1694. n. Presbyteries are appointed to send in to the commission, an account of such ministers and preachers as intrude into ■4 * See Congregation. Separatists. Vacant Churches. (a) Ministers Admission, [b) Expectants, 6. {c) Probationers, i. ■() Darcinj tS4 T^IARKETS. — MARRI/GE- M. MARKETS. I. An overture for preventing the profanation of the Lord's day, occasioned by the holding of markets within burghs on Monday and Saturday, by recommending to the burghs, to take care for restraining this abuse, and to find out some way for re- pressing this evil and changing the day, is referred to the con- siderations of the burghs, by Sess. 23. 24-. Dec. 17. 18. ^ss. 16^8. yJrt. 14. ]I. Application appointed to be made to the parliament, for altering all markets in the royal burghs and other places, on Sa- turdays and Mondays. — ^ct 7. Ass. 1690, § 5. MARRIAGE*. I. Marriage, vv^ithout proclamation of banns, discharged, con- form to the former acts, except the presbytery, in some necessary exigents, dispense therewith. — Act Sess. 23. 24. Dec, 17. 18. Ass. 1638. Art. 21. II. An overture, that course may be taken for restraining of people from passing into England to marry, as being the occasion of great inconveniences, is allowed; and recommended to the par- liament, that they would appoint a pecunial sum to be paid by the contraveners. — Act Sess. 22. Au^. 29. Ass. 1639. Art. 2. III. The celebration of marriage, without due proclamation of banns, according to order, three several Sabbaths in the respective parishes, is discharged; and 'tis recommended to presbyteries, to censure the contraveners. — Act 7. Ass. 1690. § 3. IV. 'Tis declared, that, before any proclamations be made. See Overtures, 2, Remedies Domestic of Sins, 3. Separatists, 3. MARRIAGE. 185 the names and designations of the persons to be married and their parents, tutors and curators, if they have any, be given up to the minister of the bounds in which any of them Uve and reside, that thereby it may be known, if their parents and friends give consent thereto j and that the minister, being satisfied herein, order tlie proclamation to be made tliree several Sabbaths; which, when made, shall be immediately before divine worship begin in the forenoon; and the persons to be proclaimed, their names and full designations, by which they are designed in writ, and the contracts of marriage, be fully and audibly expressed; and that, where there are more churches colkgiated in the place or town, the proclamation be made in all and every one of the churches within the city or town, where they or any of the persons to be married reside; and this to be attested to the mini- ster that marries them ; with certification of the censures of the church against the transgressors herein. — Act 5. Ass. 1699. V. 'Tis appointed, That the acts of assembly concerning pro- clamation of banns be duly observed; and that enquiry be made, that the persons desiring marriage be not within the forbidden degrees, and be single and free persons; and that all concerned do consent. — Act 5. Ass. 1711. VI. 'Tis resolved, That no session clerk in this church, pro- claim any persons in order to marriage, until he give intimation to the minister of the parish in a writing, dated and subscribed by him, of the names, designations, and places of residence of the parties to be proclaimed; and obtain the said minister's leave to make the said proclamation, with certifiQation, that if any certificate of proclamation of banns be given, without observing the above order, the said certificate shall be held as a false cer- tificate; and the session clerk who subscribes it, shall be censured accordingly : And in case of a vacancy, the above intimation is to be made to two of the elders of the parish. This resolution B B t 186 MARROW OF MODERK DIVIKITY. appointed to be sent to presbyteries, to be by tliem transmitted to sessions in order to its being observed. - y^tf 8. Ass. ITS*. MARROW OF MODERN DIVINITY. -f- I. Some passages are collecicd ouf of the book, intituled, " The Marrow of Modern Divinity," 1. Concerning the nature of faith, asserting, that assurance i'j of the essence of faith ; making that saving faith commanded in tlie gospel, a man's persuasion, that Christ is his, and died for him, and that whoever hath not this persuasion and assurance, hath not answered the gospel-call, nor is a true believer. 2. Of universal atonement and pardon; asserting an universal redemption as to purchase. 3. Asserting that holiness is not necessary to salvation ; a doctrine tending to slacken people's diligence in the study of holiness. 4. That fear of punishment and hope of reward, are not allowed to be motives of a believer's obedience. 5. That the believer is not under the law as a rule of lifcj and sensing and defending the six following Antinomian paradoxes: 1. That a believer is not under the law, but is altogether delivered from it. 2. That a believer doth not commit sin. 3. That the Lord can see no sin in a believer. 4. That the Lord is not angry with a believer for his sins. 5. That the Lord doth not chastise a believer for his sins: And 6. That a believer hath no cause either to con- fess his sins, or to crave pardon at the hand of God for them; or to fast, mourn, or humble himself before the Lord for tlicm; by applying to them the distinction of the law of works, and the law of Christ : And the texts of holy scripture, articles of our confession of faith, and of the larger catechism of this churcb, relating to each passage, are set down; and the said passages and quotations are declared contrary thereto; and the distinction of tlie law, as it is the law of works, and as it is the law of Christ, as rhe author applies it, in order to sense and de- fend the six Antinomian paradoxes above written, is declared MARROW OF MODERN DIVINITY. 1 87 altogether groundless; and some expressions taken out of the said book, and set down in the foresaid act, are found exceed- ing harsh and offensive : And therefore all the ministers of this church are prohibited and discharged, cither by preaching, writing, or printing, to recommend the said book, or, in dis- course, to say any thing in favour of it ; but, on the contrary, are enjoined and required, to warn and exhort their people, in whose hands the said book was, or might come, not to read or use the same. — jict 5. Ass 1720. II. The representation and petition signed by twelve ministers, condemning the decision i-espccting the points of doctrine, men- — p tioned in the above Act 5. Ass. 1720, and craving the repeal of it, is found to contain many injurious and undutiful reflections cast upon the supreme judicatory of the church : And in vindication of the above act 'tis declared, that the general assembly own and maintain, agreeable to the holy scriptures, the received doctrine of this church, contained in our confession of faith, and cate- chisms, concerning, 1. The covenant of works and grace. 2. The Mediator and the extent of his purchase. 3. Free justification. 4. Justifying faith, and its appropriating act. 5. The believers plea for acceptance with God, and title to eternal life, against the demands of the law and justice. 6. The standing obligations of the moral law in the dispensation of grace, and the necessity of personal holiness and good works, in order to obtain the enjoyment of eternal salvation. 7. The desert of sin, and necessity of repentance in order to remission. 8. Believers sins, their confessing them, begging pardon, and humbling them- selves before the Lord for them : The heads and articles of the representation are largely animadverted upon; and many posi- tions and expressions contained in it censured as pernicious, and tending to mislead the minds of the less judicious into erroneous notions: And therefore, all the ministers of this church are prohibited and discharged to use by writing, printing, preaching, 188 MINISTERS. catechising, or otherwise teaching, any of the positions contained in the representation and book condemned as erroneous, under pain of the censures of the church conform to the demerit of the offence: And 'tis ordained, That presbyteries, synods, and commissions of the assembly, take particular care that the pre- misses be punctually observed by ministers, and members of the church; particularly, the presbyteries and synods within whose bounds any of the brethren who signed the representation reside. The desire, that the above Act 5. Ass. 1720, be repealed, is re- fused : And 'tis appointed, That the ministers who signed the representation, though deserving a higher censure, be only re- buked and admonished by the moderator, in hopes that the great lenity used towards them, shall engage them to a more dutiful behaviour in time coming. — Act 7. As^. 17lit^. MINISTERS*. I. The act of the assembly held at Edinburgh March 26. 1596, anent the entry and conversation of ministers, ratified, and ordained to be put in execution in every presbytery; and for that end, copies thereof are ordered to be given to each pres- bytery, under the clerk's hands, the substance whereof is as fol- lows : — First to prevent Corruptions in the office of the jnimst?y^ 'tis ordained, That in time coming more diligent inquisition and trial be made of • See Residence of Ministers. Presbyteries, 3. Intrants. Ex- pcciaals. Old Ministers. Naires of Ministers. IrcLmd. Let- ters, I. Worship Secret. Worship Public Silence of Ministers. Excommunication, 3. Election of Ministers. Ordin..t'i.n cf Mini- sters. Confession of Fai h, 7. H. 9. Removing out of die Church. Sentences against Minislets. Irregularities. Highlands. Pro- ba,tioners. Widows, Papists, 6. § 3. 4.-10. 11. 12. 15. 16. MINISTERS. 1S9 all such persons as shall enter into the mhilstry; as especially in these points, 1. That the intrant shall be posed upon his con- science before the great God, and that in the most grave manner, what moveth him to accept of the office and charge of the mini- stry upon him. 2. That it be enquired, if any, by solicitation or moyen, directly or indirectly, press to enter into the said of- fice; and if it be found, that the solicitcr be repelled; and that the presbyteries repel all such of their number from voting in the election or admission as shall be found moyeners for the so- liciter, and posed upon their conscience to declare the truth to that effect. 3. 'Tis ordained, that none seek presentations to be- nefices, without the advice of the presbytery within the bounds whereof the benefice is; and if any do in the contrary, that they be repelled, as rei amhitus. 4. That the trial of persons to be admitted to the ministry thereafter, consist not only in their learning and ability to preach, but also in conscience and feeling, and spiritual wisdom; and namely in the knowledge of 4- the bounds of their calling, in doctrine, discipline, and wisdom to -\- behave himself accordingly with the divers ratiks of pcrsor? within his flock; as namely, with atheists, rebellious, wcuk con- sciences, and such other where the pastoral charge is most kythed; and that he be meet to stop the mouths of the adver- saries; and such as are not qualified in these points be delayed till further trial, and they be found qualified: And 'tis recom- mended, that the principal places of the realm be provided by them of most worthy gifts, wisdom, and experience; and that none take the charge of greater numbers of people than tliey ?.re able to discharge; and an act of the provincial synod of Lothian, made to this purpose, is approven. 5. That such as shall be found not given to their book and study of the Scriptures, nor care- + ful to have books, nor given to sanctification and prayer; that ■♦- study not to be powerful and spiritual, not applying the doctrine "^ to corruptions, which is the pastoral gift; obscure and too scho- "+ 190 MINISTERS. -f- lastic before the people; cold, and Avanting of spiritual zeal; ne- ^ gligent in visiting the sick, and caring for the poor; or indis- ■f- creet in chusing parts of the word not meetcst for the flock j flatterers and dissembling at public sins, and especially of great personages in their congregation, for flattery, or for fear: That all such persons be censured, according to the degree of their faults; and continuing therein, be deprived. 6. That such as are slothful in administration of the sacraments, and irreverent, or profancrs receiving the clean and the unclean, ignorants and senseless profane, and making no conscience of their profession in their calling and families ; omitting due trial, or using none, or light trial; having respect, in their trial, to persons wherein there is manifest corruption : That all such be sharply rebuked ; and if they continue therein, that they be deposed. 7. If any be found a seller of the sacraments, that he be deposed simplici- tcr ; and such as collude with slanderous persons, in dispensing and overseeing them for money, incur the like punishment. 8. That every minister be charged to have a session established, of the meetest men in his congregation ; and that discipline strike not only upon gross sins, as whoredom and bloodshed; but up- on sins repugnant to the word of God, as blasphemy of God, banning, profaning of the Sabbath, disobedience to parents, idle and unruly ones without calling, drunkards, and suchlike de- bauched men, as make not conscience of their life, and the rul- ing of their families, and especially, of education of their chil- dren; lying, slandering, and backbiting, and breaking of pro- mises; and this to be an universal order throughout the realm : And suchlike as are negligent herein, and continue therein after admonition, be deposed. 9. That none, falling in public slan- ders, be received in public fellowship with the kirk, except his minister have some appearance, and warrant in conscience, that he hath both a feeling of sin, and apprehension of mercy; an4 for this effect, that ministers travail witlx Jiim, by doctrine and MINISTERS. iDl private instruction, to bring him thereto; and especially in the doctrine of repentance ; which being neglected, the public place of repentance is turned into a mocking. 10. Delapidation of benefices, demitting of them for favour or money,that they become laick patronages, without advice of the kirk; and sicklike, inter- changing of benefices by transaction,and transporting of themselves, by that occasion, without the knowledge of the kirk; precisely to be punished : Suchlike, that setting of tacks, without advice of the assembly, be punished according to the acts; and that the de- mitters in favours, for money, or otherwise, to the effect above written, be punished as the dclapidators. Secondly, to pre- vent Con-Jiptions in the peraons and lives of 7?iinistersy 'tis or- dained, 1. That such as are light and wanton in their behaviour; as, in gorgeous and light apparel, in speech, m using light and profane company, unlawful gaming, as dancing, carding, dicing, and suciilike, not beseeming the gravity of a pastor, be shai-ply and gravely rebuked by tlie presbytery, according to the degree thereof, and continuing therein after due admonition, that he be deprived, as slanderous to the gospel. 2. That ministers, being found swearers or banners, profaners of the Sabbath, drunkards, fighters, guilty of all these, or any of them, be deposed simpliciter. And suchlike, liars, detractors, flatterers, breakers of promise, brawlers and quarrellers, after admonition, continuing therein, incur the same punishment. 3. That ministers, given to unlaw- ful and incompetent trades and occupations, for filthy gain, as holding of hostlaries, taking of ocker beside conscience and good laws, and bearing worldly offices in noblemen and gentle- men's houses, merchandise, and suchlike, buying of victual, and keeping it to the dearth; and all such worldly occupations, as may distract them from their charge, and may be slanderous to the pastoral calling; be admonished, and brought to the acknow- ledging of their sins: And if they continue therein, to be deposed. 192 MINISTERS. 4t. That ministers non-resident at their flocks, be deposed, ac- cording to the acts of the general assembly, and laws of the realm j otherwise, that the burden be laid on the presbyteries, an i they to be censured therefore. 5. That ministers await not on the court, and affairs thereof, without the advice and allowance of their presbyteries: Item, That they intent no action civil, with- out the said advice, except in small matters; and that for remedying of the necessity that some ministers have to enter in plea of law; that remedy be craved, that short process be devised, to be used in ministers actions. 6. That ministers take special care, in using godly exercises in their families, in teaching their wives, cliildren, and servants, in using ordinary prayers, and reading of scriptures, in removing of offensive persons out of their families; and suchlike other points of godly conversation and good ex- ample; and that they, at the visitation of the kirks, try the mi- nisters families in the points aforesaid; and such as are found negligent in these points, after due admonition, shall be judged unmeet " to govern the house of God," according to the rule of the Apostle. 7. That ministers, in all companies, strive to be spiritual and profitable, and to talk of things pertaining to god- liness; as namely, such as may strengthen them in Christ, in- struct them in their calling ; of the means how to have Christ's kingdom better established in their congregations, and to know how the gospel flourishes in their flocks; and suchlike others, the hindrances and remedies they find, &c. wherein there are manifold corruptions, both in ministers companying with them- selves and with others; and that the contraveners thereof be tried, and sharply rebuked. 8. That nS minister be found to countenance, procure, or assist a public offender, challenged by his own minister for his public offence; or to bear wih him, although his minister Avere too severe upon him, under the pain »f admonitiou and rebuking. Lastly, tlwt all acts made anent MINISTERS. 193 keeping of the assemblies be observed. — Act Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art. 9. II. A full acknowledgment and narration of the enormities and corruptions observed in the ministry; the first and main sin, reaching both to their personal carriage and callings, is judged to be, not studying how to keep communion and fellowship with God in Christ; and more particularly Corruptions of ministers in their lives. 1. Much fruitless con- versing in company. 2. Great worldliness. 3. Slighting God's worship in their families. 4. Want of gravity in their own and in their wives and children's carriage and apparel. 5. Tippling and bearing company in untimeous drinking. 6. Discountenanc- ing and speaking ill of the godly. 7. Not sanctifying the Sab- bath after sermon. 8. Using small minced oaths. 9. Being great strangers to, and little conversant in the scriptures. Next In their callings; As, 1 . Corrupt entry into the ministry, and ^- entering thereto, as to a way of living in the world, and not as to a spiritual calling. 2. Helping into, and holding in the church in- sufficient and suspected men; and keeping the door straiter upon these whom God hath sealed, than upon those who have less evi- dence of the power of grace and holiness. 3. Partiality in fa- vouring and speaking for the scandalous, whether ministers or others; teaching them how to shift and delay censures. 4. silence in the public cause. 5. Speaking ambiguously, and justifying the wicked cause; complaining of the times upon the public account, and speaking against public orders. C. Idleness In tlie duties of their ministry. 7. Want of ;-.eal and love to the con- -X. version of souls; preaching ex officio ^ not ex conscientia officii. -^ 8. Self-seeking in preaching. 9. Lifelessness in preaching, not ap- v plying the doctrine to the auditory and the times. 10. Indiscreet curing the Imprudence of pious people and ministers. 11. Little care to furnish the armies, both at home and abroad, with mini- C c 19"^ MINISTERS. -^ sters. 12. Neglect of secret wrestling in prayer, for a blessing on their labours. These enormities are ordained to be tried and restrained ; and for that purpose, the subsequent remedies to be seriously followed and practised: And 'tis recommended, especially to presbyteries and provincial assemblies, to make use of the same, in visitation of the kirks, and trial of presbyteries. Remedies of the corruptions of ministers. 1. That presbyteries' make great conscience in having all the vacant places within their several bounds, filled with godly and able men, wherever they are to be found ; and that, under pretence of being an helper or second to another, none be taken in, but such as are able for the same charge. 2. That brethren be more serious and faithful in their private trials in presbyteries, as they will be answerable to Christ, the chief shepherd ; and, in a way previous thereto, that brethren be free, in loving admonition one of another, secretly, from time to time : And that whosoever keeps not the presbytery ^nnd synod, after grave admonition, may come under farther censures. 3. That accuracy be used at visitation of kirksj and that the elders, one by one (the rest being removed) be called in, and examined upon oath, upon the minister's behaviour in his calling and conversation. 4. That course be taken to divide congregations in parts; and by the help, not only of elders in their several parts, but of neighbours also, the evils and neglects of persons and families may be found out, and remedied. 5. That every minister be humbled for his former failings, and make liis peace with God; that the more effectually. he may preach re- pentance, and may stand in the gap, to turn away the wrath of the Lord J running betwixt the porch and the altar, sighing and crying for all the abominations of the land. 6. That special care be had, that all ministers have their conversation in heaven, mainly minding the things of God; and exercising faith, for drawing life out of Jesus Clirist, the fountain of life; arming MINISTERS. 195 themselves thereby, with power against the contagion and wicked- ness of the world. 7. That care be had of godly conference in presbyteries, even in the time of their refreshment ; and the moderator is to look to it, that good matter be furnished thereto. 8. That every minister bring home the word of God to his own heart and conscience, by prayer and nieditation, both before and after the public ordinance. 9. TFiat use be made of the roll of the parisli, not only for examination, but also for con- sidering the several conditions and dispositions of the people, that accordingly they may be admonished, and particularly prayed for by the minister in secret. 10. That ministers have more communion among themselves for their mutual stirring up, the strengthening of their hands in the Lord's work, and rectifying of those who are not incorrigible. 11. That ministers in all sorts of company labour to be fruitful, as the salt of the earth, season- ing them they meet with, not only forbearing to drink healths (Satan's snare leading to excess) but reproving it in otliers, 12. That all ministers be careful to cherish the smoaking flax of weak beginnings in the ways of God, and courageously to oppose all mockers and revilers of the godly. 13. That ministers, with all diligence and faithfulness, improve their ministry to the utmost, be instant in season and out of season, and frugally em- ploy their time in private, in the reading of, and meditating on the scriptures, that the word may dwell plentifully in them. 1 4. That providing the army with ministers, be preferred to any con- gregation, and that those who are appointed to attend the same, and are deficient, be without delay severely censured, according to the Act Sess. 6. June 3. Ass. 16'-14<. (a) And that all mini- sters in public and private pray for the ai-mies, that their lives being reformed, their hearts and hands may be strengthened, {j) Army, 2. 196 MINISTERS. and their undertakings at last blessed of God with success, 15. That besides all other scandals, silence or ambiguous speak- ing in the public cause, much more detracting and disaffected speaking, be seasonably censured -, and to this effect, that honest hearted brethren do firmly unite themselves in the Lord, the younger honouring the elder, and the elder not despising the younger. 16. Both for corruptions of the ministry, and re- medies thereof, brethren are referred to the foremcntioned act of assembly 1596, revived, as said is, by the above-mentioned Act 1638.— ^f^ Sess. 10. Jwie 13. Jss. 1646. III. 'Tis recommended to all the presbyteries of this church, to proceed in all processes against ministers with all due circum- sp^rction and prudence, and that they consult their respective synods, or in case of urgent necessity, the commission of the as- sembly; and it is required, that no judicatory of the church do take advantage to censure any minister whatsoever for not having qualiried himself in the terms of the act of parliament 1693. — yi^ci 12. j^ss. 1691. Nota. This act was only to endure till April 1695, or the meeting of next assembly, which of them first happened. IV. Ministers are not liable to the censures of kirk-sessions, but to the superior judicatories of the church. — Form Proc. cap. 1. § 7. Act 11. Ass. 1707. V. All processes against any minister are to begin before his presbytery, and not before his own session. — Form Proc. cap. 7. § 1. No stain upon a minister's credit or reputation, doctrine or comxrsation, ought lightly to be received, or negligently en- quired into, when it comes before a judicatory, nor slightly censured when found evident. Ibid. § 2. The presbytery should exactly ponder by whose information and complaint a scandal in a minister comes first before them, and they are not to cite a minister, or any way to begin the process, until first some person sijjn the com])laint, and give some account of its probability, and MINISTERS. 197 undertake to make out the libel; or, at least, do, before the presbytery, undertake to make it out, under the pain of being censured as slanderers-, or, that the fama cUunosu be so great, that the presbytery, for their own vindication, begin the process without any particular accuser. Ih'id. § 3. No Christian ought either to publish or spread a scandal in a minister, nor accuse him before the presbytery, without first acquainting himself, if they can have access thereto; and then, if need be, some of the most prudent of the ministers and elders of that presbytery, and their advice got in the affair. Ih'id. § 4. If there be ground for a process, the presbytery should first consider the libel, and then order the minister to be cited, and to get a full copy thereof, with a list of the witnesses names, and a formal citation in writ is to be made, either personally or at his dwelling-house, bearing its d?.te, and the names of the witnesses to the giving thereof; and there should be at least ten free days betwixt the giving of the citation and the day of compearance; the execution, bearing its date, with the names and designations of the witnesses should be made in writ, and signed by the oflicer and witnesses; and the same being re- turned, the minister is to be called, and if he compear, the libel is to be read to him, and if he have answers to it in writing, they may be read and considered; and if the presbytery find the libel relevant, and that there is cause to insist, they are to en- deavour to bring him to a confession; and if he confess matters | of a scandalous nature, censurable in others, the presbytery, whatever be the nature of his penitence, though to the convic- tion of all, are instaiiter to depose him ah officioy and appoint him to appear before the congregation where the scandal was given; and in his own parish, for removing the offence by a public profession of repentance. Ihid. § 5. If the minister ab- sent himself by leaving the place, and be contumacious without a relevant excuse, after a nev public citation, or intimation at his own church, when tlic congregation is met, he is to be held 198 MINISTERS. as confessed, and to be deposed and censured instatiter with the lesser excommunication ; but if, after some time, he do not return and subject himself, he may be proceeded against until he be censured with the greater excommunication, if the judicatory see cause. Ihid. § G. If he appear and deny the fact after the relevancy is found, the presbytery proceeding to probation, and to find the truth of the matter, all the circum- stances are to be exactly canvassed, and the accused heard to object against the witnesses : As also he should be allowed to be present at the examination, and modestly to cross interrogate i and then the reputation of the witnesses, and their hability duly regarded, and the examination considered: If, after considera- tion of all these, the judicatory shall find the scandal sufiicient- ly proven, they are to proceed to censure as in § 5. svprcu Ibid. § 7. If the matter laid to the minister's charge be practices subversive of the unity and peace of the church, unsoundness and heterodoxy in doctrine, then great caution should be used, and the knowledge and understanding of the witnesses much looked into; and if the errors be not gross and striking at the vitals of religion, or if they be not pertinaciously stuck unto, or industriously spread with a visible design to corrupt, and that the errors are not spreading among the people; then lenitives, admonitions, instructions, and frequent conferences are to be tried, and the advice of other presbyteries sought, and unless the thing be doing much hurt, so as it admits of no delay, the synod or general assembly may be advised with, and this intimated to the minister concerned. Ibid. § 8. If the complaint be a multi- tude of smaller things laid together, as several acts of negligence, or other unsuitable actions, a A'isitation of the parish is to be made, at which it is first to be tried, if any of the things now -charged, were committed prior to the last visitation, and if they Avere then laid to the minister's charge, and if they were not, it is to be tried how they came to be laid to his charge now. Ibid. MINISTERS. 199 I 9. If the presbytery find the things committed since the last visitation, or find a satisfying reason why they were not tabled then; they are to inquire what diligence has been used in ac- quainting the minister of the offence taken at those things when first committed, and how far he has been guilty, after he knew offence to be taken; and if the complainer did first, in a prudent private way, inform any of the neighbouring ministers of the things committed by the minister, before the ofl'cnces came to be so many as to merit a public solemn trial, and accordingly they are to judge. Ibid. ^ 10. 11. If the presbytery find the things complained of to be but acts of infirmity or passion, whieh may either be amended, and the people satisfied, and no such offence taken ; or, at least not to remain, so as to hinder the minister's profiting the people, or that the offence was taken only or mainly by his own people; then the presbytery is to take all prudent ways to satisfy or reclaim both ministers and people, and do away the offence. Ibid. § 12. Before a deposed minister be restored, there should not only be convincing evidences of deep sorrow for sin, but an eminent and exempL'Tv humble walk, and edifying conversation, so apparent and convincing, as hath v/orn out, and healed the wound the scandal gave. Ibid. § 1 3. Imme- diately upon the minister's being deposed, the sentence is to be intimated in the congregation, and the church declared vacant, the planting thereof hastened, and never delayed on expectation of his being reponed.-^//;zV/. § 14. ylct 11. Ass. 1707. VI. The several synods and presbyteries are appointed to send accounts from time to time, to the clerk of the assembly, of all ministers, who arc, or shall be deposed, or suspended, and probationers, who are, or shall be licensed by them; and the clerk is ordered to lay the same before the assembly or commis- sion, at their first meeting, after it comes to hand, that due and proper methods may be used to make the same publicly known to all concerned. — Act 15. Ass. 1709. 200 MINISTERS. VII. The questions to he put to a minister at his ordination arcy 1. Do you believe the Scriptures of the Old and New Tes- tament to be the word of God, and the only rule of faith and manners? — 2. Do you sincerely own and believe the whole doc- trine contained in the confession of faith, approven by the ge- -| neral assemblies of this church, and ratified by law, in the year 1690, to be founded upon the word of God; and do you ac- knowledge the same as the confession of your faith; and will you lirmly and constantly adhere thereto, and, to the utmost of your power, assert, maintain, and defend the same, and the pu- rity of worship as presently practised in this national church, and asserted in Act 15. {a) Ass. 1707? — 3. Do you disown all Popish, Arian, Socinian, Arminian, Bourignian, and other doc- trines, tenets, and opinions whatsoever, contrary to, and incon- sistent with the foresaid confession of faith? — 4. Are you per- suaded, that the Presbyterian government and discipline of this church are founded upon the word of God, and agreeable there- to; and do you promise to submit to the said government and discipline, and to concur with the same, and never endeavour, directly nor indirectly, the prejudice or subversion thereof, but to the utmost of your power, in your station, to maintain, sup- port, and defend the said discipline and Presbyterian government, by kirk-sessions, presbyteries, provincial synods, and general as- semblies, during all the days of your life? — 5. Do you promise to submit yourself willingly and humbly, in the spirit of meek- ness, unto the admonitions of the bretiiren of this presbytery, and to be subject to them, and all other presbyteries and supe- rior judicatories of this church, where God in" his providence shall cast your lot; and that according to your power, you shall maintain the unity and peace of this church against error and (rt) Inr.ovati'ons in Worship. .•/.^^^i■l!'^;I!INIsTERs. 201 ^thrertiiiiotwItkstafiKUng ofwhatsdevef'trotible or persecution may- arise; and that- yiu shall -follow no divisive coutsesfrom the prc^- sent established doctrine, worship, disciphne, and government of this chm-ch? — 6. Are riot zeal fbrtlie honour of God, love to Je- isiis •Ghrist^ and«desire df saving souls your great motives and 'thifef irtducements tb ent«r into the function of the holy ministry; Gtid not v'orMly designs and interest ?. — 7. Have you used any un- •due- methods, either by yourself or others, in procuring this call? •S'.'Dc^yoa engage, in the strength and grace of Jesus Christ, our fcfeflpd iantl-Masterj to rule wdU your own family^ to live a holy and circumspect life, and faithfiilly, diligently, and cheerfully to •dischairge all the parts of the ministerial work, to the edification T)f,the body of Christ? — 9. Do you accept of, and close with thc'cdllto be pastor of this" parish, and promise, through grace, to pei-form all the duties of a faithfnl minister of the gospel among this people ^^-^Act 1 0. Ass. 1711.- ^iestioris to be put to a minister^ already ordained, at his admission to a parish. You having already been ordained a mhiister of the gospel of Clu-ist, 'tis supposed, that the usual questions on such occasions were then put to you; and that you did then declare, &c. (Iiere' the questions - put to minister's at their- ordinationi. ut supra, are to~ be. repeated; and then say) And do you now consent and adhere to these declarations, pro- iiMses, and engagements; and accept of, and close with a call to be minister of this parish; and promise, tlirough grace, to per- form all the duties of a faithful minister of the gospel among this people? — Ibid. ■ ■ • . • VIII. 'Tis recommended and cnjolne'd on p'resSyLcnes to talei* care that all ministers behave themselves as becomes their, cha- racter.— Act 9. ylss. 1745. IX. 'Tis earnestly recommended to presbyteries to take such wise and eftectual measures, as miay promote the spirit of our holy religion, and preserve the purity and decorum of the ministerial D n 202 MINISTERS ADMISSION. character; and that they take care that none of the ministers of this church attend the theatre. — Act 5. Ass, Viol. MINISTERS ADMISSION*. I. That none be admitted to the ministry, before they be twenty-five years of age; except such as, for rare and singular qualities, shall be judged, by the general and provincial assembly, to be meet and worthy thereof: And the act, made in the as- sembly held at St. Andrews, April 1582, to that pvu-pose, is re- newed by Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art. 13: And again by Act 10. (^a") Ass. 1704. II. 'Tis recommended to the several presbyteries and provin- cial assemblies, to consider the interest of particular congrega- tions, in the calling and admission of ministers, with all these questions that usually fall out upon that occasion; and to report overtures. — Act Sess. ult, "June 18. Ass. 1646, MINISTERS TRIALsf. I. That all ministers or intrants presented to kirks, be tried before their admission, if they be qualified for the places to which they are presented; besides the ordinary trial of expectants before their entry to the ministry. — Act Sess. 22. Aug. 29. Ass. 1639. Aft. ult. II. The meaning of the foresaid act is declared not to be, that an actual minister to be transported, shall be tried again by the trials appointed for the trial of expectants, at their entry to the ministry, according to the acts of assembly; but only, that he Jjringlng a testimonial of his former trials, and of his abilities * Sec Expectants. \ See Ministers, i. 2. Remedies of Cor- j. ptions, § 2. Intrants, 3. Expectants. (a) Intrants, 3. MINISTRY. 203 and conversation, from the presbytery from whence he comes, and giving such satisfaction to the parishioners and presbytery whereto he comes, in preaching, as the presbytery finds his gifts fit, and answerable for the condition and disposition of the con- gregation whereto he is presented: Because, according to the act of assembly 1596, renewed at Glasgow, Sess 23. 2 k Dec. 17. IS. Ass. 1638. Art. 9. (h) some that are meet for the ministry in some places, are not meet for all alike: And universities, towns, and burghs, and places of noblemen's residence, or frequency of Papists, and other great and eminent congregations, and sundry other cases, require men of greater abilities, than will be required necessarily in the planting of a private small parish : The leaving of the consideration of these places unto the judgement and con- sideration of the presbytery, was the only intention of the act. And the said act, according to the foresaid meaning, is ratified and approven. — ylct Sess. 6. Aug. 2. Ass. 1642. MINISTRY*. That for the better breeding of young men to the ministry, who are not able to furnish themselves in charges to attend the universities,* the presbyteries where they reside, are to appoint some to direct their studies. — Act Sess. ult. June 18. Ass. 1646. Art. 2. MODERATOR f. Mr. John Law, moderator to the assembly 1691', continued till the Friday next, after sitting down of the general assembly 1695, by Act 2. of that assembly. • See Expectants. Intrants to tlie Ministry. , f See Ordering Assembly-house, 1.^5. Provincial Assemblies, Presbyteries. Kirk-Sessions, r. (/) Ministers, i. 204- NAMES OF MINISTEP^. — ^NEW ERECTIONS. N. KAMES OF MINISTERS. ; All and every one prohibited and discharged, to pretend pr use the names of ministers, to any petition, declarjition, or such like, at any time thereafter, without thqir knowledge, consent, or assistance; otherwise, to be proceeded against by, the censures of the kirk. — jict Scss. 11. Aug. 5. A^s. 164-2.; .. ■ -; NEW ERECTIONS. I. Three ministers from the Lowlands, and as many from the svnod of Argyle, are commissioned to join with the presbytery of Lorn to perambulate Lpchaber, and other parishes in the bounds of the same presbytery, and discourse with the heritor^ and inhabitants concerning new erections of churches in that country, and settlement of schools therein ; and to endeavour to * get places condescended on for that effect, and to obtain in writ the consent of heritors; and also for preaching the gospd, visiting families, and doing other ministerial duties in the said country. —Act 15. Ass. 1712. IL The assembly. in an address to his Majesty (George IIL) declare their concern for the ignorance and error of the. inhabi- tants of the remote parts. of Scotland, and express their wish to be enabled to erect new parishes in different places of the High- lands, with Yxvx. of the rents from the forfeited estates. — Act' 6. Ass. 1765. . .; NORTH*. • L Sixteen mfmsters, particularly named, from the synods in the South, mentioned in the act, are appointed to go to the sy- See Instnictions, i. .JMORTH. 205 iip^ls in th.e North, therein expressed, and supply vacancies for three months; and after them, other sixteen, according tq the ^ropoi^ttons. set down in the said act,^fof the hke timej Anrth side ofTay, to determine in all references, appealsj and ojrher matters particularly remitted to them; and especially, in,-. 3,11 ■ things contained in; and conform to the overtures and instructions given them by that -assembly, (a) and in no other ■matters '. And they are declared only accountable to the next as- sembly;, apd their commission to continue till the second Tuesday of April •169'5,' or the next assembly, if it first happen -y^ct 19, Ass, 1694.. \ . ■,;:.; . III. Some overtures are agreed to, for the more expedite plant- hig of the North, and declared to be condescended to, only for ^$ pi^esent exigence,^nd to be no precedent for aftertime tiraesj Jivllich-are to be seen, at large in^Act 12, ^jj. 1696. ,j -^-^u^ov; ly. Supplies of ministers are sent to Ross, Sutherland, and Caithness : And 'tis appointed,- that such as have. the Irish lan- guage, in Lowland congregations, .be sent in mission, and uppu acall'Sj transported by the commission; and that-in the same way as other tninisters are appointed to be transported to the Nortli. — Ai't 14, Ass. 1696. , :. . V. Forty-four minister^- are nominated 'and appointed to go from the presbyteries, in the South, for the supply of the Nortli, -the one half after the' other, by turns; — Act 15. Ass. 1696. VI. '1 he acts, jn-oceedings, and cqncltuiions of the foresaid con> (rtt) Instructions,..!* . 206 NORTH. mittee 1694, for the North, are unanimously ratified and ap- proven. — Act 17. Ass. 1696. VII. The ordinary supplies for the North are ordered to con- tinue till the next assembly, conform to the foresaid Act H, Ass. 169 i. (a) And 'tis recommended to presbyteries and sy- nods, tliat the same be made effectual j these named, and formerly appointed to be sent from the several presbyteries by way of mission, being always sustained as a part of the said supply: But the province of Perth is exeemed, in their present circum- stances, from supplies to the North. — Act 25. Ass. 1696. VIII. Those who had not obeyed the foresaid act 1696, arc appointed to fulfil their mission. — Act 6. Ass. 1697. IX. The synods besouth Tay are ordained to send to the North eighteen ministers, according to the proportions set down in this act; and to send a quarterly supply of ministers, ay and while the sitting of the next assembly: And 'tis recommended to presbyteries, to supply the kirks of the ministers sent to the North with daily preaching, at least two Sabbaths of three: And these ministers sent to supply the North, are ordained to produce to their own presbytery, a testimonial from the presby- teries whose bounds they did supply, of their having fulfilled their appointment, and of their carriage and behaviour during their abode in these bounds. — Act 14. Ass. 1697. X. That when any parish on the North side of Tay, or of the town and presbytery of Perth, and presbyteries of Auchterarder, and Dunkekl, shall call a minister belonging to any parish on the South side of Tay j the procedure in his transportation shall be according to the overtures of the aforesaid Act 12. Ass. 1696. (b) And the presbyteries on the South side of Tay are ap- pointed to send to the North a number of probationers equal to (fl) Supra, I. {b) Supra, 5. KORTH. 207 that of the ministers they are ordered to send by the foresaid Act 14. Ass. 1697; and the time of their staying there, and the work of the ministers sent North is prescribed : Directions are given for the speedy planting of the North, both to the people in the North, and the commission of assembly: And presbyteries are desired to proceed deliberately with any of the late conform ministers, either as to their censure or reception; and that as to the last, they follow the directions in the Act 11. Ass. 1694;. (_b)—Act 16. Ass. 1697. XI. Deficients in supplying the North are appointed to fulfil their missions, conform to Act of Ass. 1696. (c) — Act 7. Ass. 1698. XII. That twelve ministers be transported from the South to tlie provinces of Angus and Mearns, Aberdeen and Murray, and parishes thereof mentioned in the act : And directions are given to the presbyteries in the said provinces, for the speedy settling of their parishes; and several cautions are given them as to their procedure. Twenty probationers are also ordered to the places in the North expressed in the act; and one hundred mcrks, out of the King's gift to the church, is allowed to defray their charges; two hundred merks to these who go to Orkney; and they are ordered to go when sent, or lose their licences: The supplies granted by Act 14. Ass. 1697, (^d) are continued and propor- tioned: The commission of this assembly is impowered to divide themselves into committees : And these committees are au- thorised to visit the bounds they are appointed to, receive com- plaints from presbyteries, redress grievances, inllict censures, ^c. in conjunction with the presbyteries. — Act .S. Ass. 1698. XIII. The synods besouth Tay are appointed to send fifteen ministers to the bounds of the synods in the North, every four {h) Instructions, 2. (c) Supra, 5. (d) Supra, 9. 208 NORTH. ihonthsi according to thcpropoitioTis mentioned in the &dt^ that their presbyteries supply their kirks iduririg their absencb^ aWii that the' mimitcrs sent catechisey anso facto a member of the presbytery and synod in whose bounds the parish lies: And all clerks of synods and presbyteries, are enjoined to enroll as members such as have at any time preceding this act, been ordained or admitted as mini- sters of parishes within their respective bounds. — Act 5. Ass. 1754. V. 'Tis recommended to presbyteries, to be cautious in grant- ing ordination to such persons as have neither a fixed charge, nor a reasonable prospect of such provision as may enable them to support the ministerial character; and that no presbytery grant ordination to any person who has a near prospect of re*- moving from the bounds of that presbytery into another, from whom he may in due time receive ordination, if it shall by them be found necessary and proper. — Int. Act and Ovej't. Ass. 1786. OVERTURES*.. /•.•"£ I. 'Tis overtured by way of query, how appeals shall be brought into general assemblies; and by what sort of citation ? What shall be the prescription of scandals } Within what space of time shall tliey be challenged.'* Whether after three years; the minister having been allowed in life and doctrine, by synods, presbyteries. * Universities, 2. Burial in Kirks, i. Discipline. Acts of As- sembly, 3. 5. Papists, I. 6. Novations, 4. Probationers, 2. Vi- iitations, 2. 3. 21ff OVERTURES. and visitations ? What order shall be taken for keeping general assemblies, when presbyteries send not the full number of com- missioners, or when the commissioners abide not until the con- clusion and dissolution of the assembly ? Order to be advised for testimonials ? These overtures are appointed to be advised by presbyteries, against the then next assembly. — Sess. IS. Aug. 6. ^ss. 1642. II. An overture, That all promises of marriage made by minors without consent of their parents to women, with whom they have committed fornication, be made null and void, is referred to the consideration of the several presbyteries, and they to re- port their judgment to the assembly. — Sess. 7. June 4. Ass. 1644. III. Recommended to all presbyteries within this church, in their instructions to their commissioners, carefully to distinguish betwixt what they propose as overtures, to be transmitted by the general assembly to the several presbyteries, in order to their being passed into acts; and those things which are only matter of complaint, or grievances to be presently redressed, or things wherein they desire to be advised; that overtures and matters of advice may be given in to the committee for overtures, and the rest to the committee for bills, references, and appeals, and yet in matters of weight, these two committees may advise with one another. — Act 6. Ass. 1706. IV. 'Tis enacted. That when any overture hath been twice transmitted, the general assembly shall, without further trans- mission, take such overtures into consideration, and pass into acts, or reject the same, as they shall see cause, although presby- teries have not sent up their opinions. — Act 7. ylss. 1752. Re- enacted, Act 5. Ass. 175S. V. 'Tis ordained, That no business or overture shall be brought into the assembly the same day on which it is moved in the com- mittee for overtures; and that after any overture's being trans- PAPISTS. 217 mitted or moved in the assembly, it shall lie ou the table for one diet.— ^ct 8. Jss. 1770. PAPISTS*. I. An overture for taking the number and names of all Papists in the kingdom, that it might appear what growth Popery hath had, and has, and what Popish priests and Jesuits there are in the land ; and that all persons, of whatsoever state or condition, be obliged to swear and subscribe the confession of faith, as then condescended on by the general assembly, and that they frequent ^he word and sacraments in the ordinary diets and places, other- wise to be proceeded against with the censures of the kirkj and that children be not sent out of the country without licence of the presbyteries or provincial synods of the bounds where they dwell; is referred to the several presbyteries, by Scss. 2.3. 24. Dic. 17. 18. yJss. 1G38. Jrt. 11. II. All former acts of assemblies against Papists and excom- municated persons, against haunters with them, and ixceivers of them, are revived and renewed. — Aci Sess. 22. ^4u_^. 29. y^ss. 1639. Jrt. 6. III. 'Tis appointed, 1 . That the assembly supplicate the coun- cil for the due execution of the acts of parliament and council against Papists; and craving that the exchequer might be the intromitters with the rents of those who are excommunicated, and that from the exchccjuer the presbytery may receive the portion of the confiscated goods, which the law appoints to be * See Confession of Faith, 5. Ff 218 PAPISTS. employed ad pios t/sus. 2. That every presbytery convene all known Papists in their bounds, and require them to put out of tlieir company all friends and servants who are Popish within a month; also within the same space to give their children, sons and daughters, who are above seven years old, to be educated at their charges, by such of their Protestant friends as the presby- tery shall approve, and find caution for bringing home witliin three months, such of their children as are without the king- dom, to be educated in schools and colleges at the presbytery's sight-, to find caution likewise of their abstinence from mass, and the company of all Jesuits and priests. 3. Tliat all, of what- soever rank and degree that refuse to give satisfaction in every o'ie of the foresaid articles, be processed without any delay; but that those who give satisfaction, be dealt with all meekness after this manner : The presbytery shall appoint such of their number as they shall find fittest to confer with them, as frequently as the brethren are able to attend, until the middle of October then ,next; against which time, if they be not willing to go to church, that they give assurance to go and dwell in the adjacent uni- versity town, from the first of November, till the last of March, where they shall attend all the diets of conference, which the professors and ministers of the bounds shall appoint to them ; by which, if they be not converted, their obstinacy to be declared in the provincial synods of April ; and from thence that process shall go on to the very closure, without any further delay. 4. That every presbytery, as they will be answerable to the next assembly, be careful to do their duty in the premisses. 5. That there be given by the members of that assembly, unto the com- missioners of the presbytery of Edinburgh, a list of all excom- municated Papists they know, and of all Papists who have chil- dren educated abroad, that they may be presented, together with a supplication (rom the assembly, to the council at their next sitting. 6. That the council be supplicated for an act, that in PAPISTS. 219 no regiment which goes out of the kingdom, any Papist bear office; and that the colonel be required to Unci caution for this effect, before he receive the council's warrant for levying any sol- diers ; and that he find caution for the maintaining of a minister, and the keeping of a session in his regiment. 7. That every presby- tery proceed against non-communicants, whether Papists or others, according to the act of parliament made thereanent: And sick- like, that acts of parliament made against profaners of the Sab- bath, be put in execution. The presbyteries are ordained to put the foresaid acts in execution with all diligence; and that the commissioners of every presbytery give in a list of the excom- municated Papists within their bounds, and of Papist's children out of the country, to the clerk, that the same might be presented to the council by the commissioners of that assembly. — Act Sess. 7. -^ug. 3. A.ts. 164-2. Overt, ggainst Papists. IV. That all presbyteries of this kingdom observe and practise the rules and directions made in former general assemblies, for preventing the growth of Popery; namely the foresaid overtures against Papists, non-communicants, and profaners of the Sabbath, approven in Ass. 1642; and the act anent children sent without the kingdom, made in the general assembly 1646: (a) And that they use all diligence for putting in execution the acts of parliament and secret council, made against Papists and excom- municated persons ; and that they register their diligences there- anent in the presbytery-books; which arc summarily to be re- corded in the synod-books, from time to time, that the general assembly may see how these laudable acts are put in execution; which are set down in this act, with some necessary additions in one view : 1. That every presbytery give in a list of all excommu- nicated Papists they know to be within their bounds, to the com- (a) Children, 220 rAPisTs. missioners of the general assembly, and of all Papists; yea, of them also who profess to have renounced Popery, but yet have their children educated abroad, with the names of these children that arc abroad, according to the foresaid 5th overture of Ass. 161'2. 2. That every presbytery convene, at their first meeting, all kno^\^n Papists within their bounds, and such as, having pro- fessed to renounce Popery, have their children abroad; and cause them to find suflicient caution for bringing home, within three montlis, such of their children as are without the kingdom, to be educated in schools and colleges, at the presbytery's sight, if they be minors; and to be wrought upon by gracious conference, and other means of instruction, to be reclaimed from Popery, if they be come to perfect age. 3. That parents, tutors, and friends of children and minors, before they send them without the king- dom, first acquaint the presbytery where they reside, that they may have their testimonal directed to the presbytery or class within the kingdom or dominion beyond seas, whether they in- tend to send their children; and at the time of these children's return, that they report a testimonial from the presbytery or sy- nod where they lived without the kingdom, to the presbytery who gave them a testimonial at their going away; according to the act anent children sent without the kingdom anno 1646. (a) 4. That all presbyteries give the names of such pedagogues as were abroad with the children of noblemen, within their bounds; and diligently enquire, whether these pedagogues do either be- come corrupt in religion, or (continuing constant) are removed from their charge, and by whom they are removed; and that they signify these things to the general assembly from time to time, or their commission, that they may represent the same to the high court of parliament, lords of secret council, or corn- er?) Cliilclren, 2. PAPISTS. 221 mittee of estates, for such reiredy as shall seem expedient to their honours, for preventing of, and purging the land from the plague of idolatry. 5. That such parents, tutors, or friends, as either send away their children to foreign parts infected with idolatry, without such testimonials as aforesaid, or do not recal them that are already abroad, within such time as is already pre- fixed, or do remove from them their Protestant pedagogues (that they may be the more easily infected with Popery) be processed; and, in case of not amending these things, be excommunicated. 6. That the names of such as are excommunicated for these or any other causes, be sent in to the general assembly from year to year; that from thence their names may be notified in all the kingdom, and that the acts of parliament and secret council may be put in execution against them, and all diligence used for that effect; and that by the effectual dealing of the general assembly with the parliament, lords of secret council, and committee of estates, their lordships may enact such further just and severe civil punishment on such excommunicants, for terror to others, as shall be found necessary for purging this covcnantetl lur.d from all abominations. 7. That all known Papists, or persons suspected of Popery upon probable grounds, find caution before the pres- byteries for their abstinence from mass^ and from the company of all Jesuits and priests, according to the foresaid 2d overture against Papists, anno 1642: Also, That presbyteries press them to find such caution; and observe what persons put their sons or daughters to such families as are tainted with Popery within the land, the same being a special mean to corrupt them with idolatry; and cause such parents to recal their c'lildren, or else proceed with the censures of the kirk against them. All which overtures, presbyteries are seriously required to observe, with certification — Act Sess. 38. Aug. 10. Ass. IG^S. y. That presbyteries take special notice what Papists are in tlicir bounds, and that they take pains to reclaim them, and ad- f22 PAPISTS. vert how their children are educated ; and, if need be, make ap- plication to the civil authority concerning them. — Act 7. Sess. 12. Oct. 29. Ass. 1690. <5 2. VI. The overtures transmitted by Act IG. Ass. 1698, approven as follows: 1. That ministers study the Popish controversies more. 2. That all due endeavours be used to unite Protestants among themselves, seeing adversaries get advantage by their di- visions. 3. That ministers endeavour faithfully to watch the flock committed to them, and by public preaching, and private instruction, and conference, to prevent apostacy that way. 4. That ministers deal wisely and convincingly with the consciences of those that have fallen into Popery, and other corrupt principles, for their recovery. 5. That when other means are ineffectual, presbyteries proceed to church censures, when they see it may be for the edification of the church. 6. That, according to the acts of former general assemblies and acts of parliament, the names of Popish priests and Jesuits, and trafficking Papists, and of those who have sent their children to Popish colleges and countries, be given in to each provincial synod, and by them transmitted, as Act 6. Pari. 3. Cha. 2. requires. 7. That ap- plication be made to the civil magistrate, as often as need requires, for the vigorous execution of the laws against Papists; particu- larly, seminary priests, Popish schoolmasters and mistresses, go- vernors and pedagogues, and Popish meetings ; and for seeing to the training up of Popish youths in the Protestant religion. — Jet 8. Jss. 1699. VII. The assembly judge, That a private acknowledgement of Papists renouncing that religion verbally, is not sufficient to ad- mit them to church privileges; and therefore, appoint, that the reception of any that come off from Popery to the communion of this church be the deed of a church-judicatory; and that they subscribe the confession of faith, as the confession of their faith. — Act 18- Ass. 1700. PAPISTS. 223 VIII. Act declaring, That by judicatories, in the foresaid Act 18. Ass. 1700, is not meant any beLw a presbytery. — Act 10. Ass. 1703. IX. 'Tis appointed, That presbyteries send lists to the clerks of privy council, conform to the acts of parliament, and procla- mation of council thereanent, of all Papists within their bounds; and that these lists be particular as to the names and designations of the persons who entertain them, and contain the places where they are entertained, and where they preach, and hear, and say mass J and that they be particular as to the evidences, by giving the names and designations of the witnesses: And the comniis- sion is appointed to apply to the government, to provide for the security of ministers who come to deal with Papists, in oi'der to bring them off their errors, that they may be protected from violence and injuries that are offered to their persons, by the said Papists, and their friends. — Act 21. Ass. 1704-. X. 'Tis recommended to ministers, to be at pains to dehort people from marrying with Papists, and hold fortli the dangerous effects thereof: And the commission is instructed to apply to the parliament for an act, discharging such unequal marriages: And 'tis recommended to presbyteries, to think upon some overtures that may tend to prevent such marriages. — Act 22. Ass. 1704. XI. 'Tis recommended to ministers and congregations in parishes where Popery abounds, to be frequent and serious in fasting and prayer to God, for restraining thereof. Act 8. Ass. 1G99, C^v^ is renewed: And 'tis further recommended, 1. That diligence be used to plant vacant congregations in these parts that are infected with Popery, with able, pious, prudent, and learned ministers. 2. That ministers frequently commune with, (a) Supra, 6. 224 PAPISTS* and enquire at their elders, of the case of the people, and of the danger they may be in, and of the trafficking of seducers amongst them, that they may the more timously counterwork them; and that sessions report their dihgence therein to their presby- teries. 3. That presbyteries, at each meeting, confer about their danger from Popery, and their duty with respect to it, and what endeavours may be used against it; and record their success: Or, if the infection be growing, 4. That synods in every meeting, enquire at presbyteries, as to the growth of Popery, and give assistance against it: And, for that end, 5. Send ministers well acquainted with Popish con- troversy, to assist ministers in the bounds where Popery prevails, not only to confer with the seduced, but for establishing others, especially persons of more influence and authority. 6. That probationers be sent to assist ministers of large parishes in preach- ing, that they may have the more time to travel amongst the people: But presbyteries are to take care, that this be not im- proven for ease and sloth. 7. For making this about probationers practicable and useful, some overtures of ihe commission 1706 are appro ven: And, in prosecution thereof, 'tis ordained, That some probationers, known in Popish controversy, be sent to those parts where Popery abounds, to travel among the people, under the inspection, and at the direction of the presbj'teries of the bounds, and shew them the errors of the church of Rome, and dangers of the same ; and to instruct them in the principles of the true reformed Protestant religion, especially in spacious parishes; and that a contribution be made amongst ministers, according to their stipends, and amongst charitable people, for their encourage- ment. 'Tis recommended to presbyteries, to be more careful in transmitting lists of Papists to the clerks of privy council, with particular informations; and to all church-judicatories to apply to the civil magistrate for executing the laws against Papists; And where the concurrence ^nd assistance of supreme judicature$ PAPIST9* 225 is requisite, the commissions of assemblies are enjoined to name committees to prosecute the same according to law, and to manage the said missions and contributions; and certain rules are laid down for ingathering and applying the foresaid contributions, and directing the missionaries in their work; and directions are given to ministers and presbyteries with respect thereto: And 'tis appointed. That at every synod the names of Papists in the several parishes within their bounds be given in to the clerk of the synod, that their increase and decrease may be known, and suitable provision made for recovering the seduced, and prevent- ing the seduction of more; and that synods transmit these lists yearly to the commissions of assemblies ; and the commissions are enjoined to see to the execution of the above particulars, and to apply to the government for protection and assistance to the missioners. — Act 8. Ass. 1707. XII. 'Tis recommended to ministers, that in their sermons, and catechisings of the people under their charge, they use all care and diligence in informing them of the abominable errors of the church of Rome^ and instructing them in the truths of the reformed religion, and faithfully warning them of their danger from Popery. — Act 4. Ass. 1708. XIII. Ministers and members of kirk-sessions arc enjoined to keep a watchful eye over Papists, and to deal with them for their conviction, according to Act 8. Ass. 1707, (^a) and to give yearly in to the presbytery lists of their names and designations; particularly, of Popish bishops, priests, Jesuits, and other traf- fickers, and of apostates from the true religion; with an account of their Popish meetings, times and places thereof, and witnesses for proving the same; with the names of children under Popish parents, tutors, curators, and governors, and of the nearest Pro- (ci) Supra II. G G 226 PAPISTS. testant rcla.tions of such children; and likewise, of all Papists who keep schools, or teach any science, art, or exercise; and also, of Protestants who keep Popish servants; and of all Papists who have succeeded to lands or heritages within their bounds, since the year 1700; and all other contraveners of the 3d act of par- liament held that year: And presbyteries are strictly enjoined to give in yearly, on or before the twenty-first day of February, full information of these things, subscribed by their moderators and clerks, to the justices of the peace, in the several shires within which the said presbyteries lie, and Papists reside or haunt, at their quarter sessions or meetings; and to other judges ordinary, within the bounds of the said presbyteries, in order to due trial; and to send another authentic copy of the said informations, subscribed as said is, to the procurator or agents for the kirk, to be by them laid before the Lords Justice General, or Justice Clerk, or her Majesty's advocate, or solicitors; and to give in also copies thereof to their synods, according to former acts of assembly: And synods arc ordained to call for the same from presbyteries, and record their diligence therein in their books, that the general assembly may see it, and give such orders thereanent as they shall judge proper. — /]ct 11. A<:s. 1714.^ XIV. The commission is instructed to apply to the Lord Justice Clerk, Lord Advocate or Solicitor, in order to obtain a vigorous execution of the laws against Popery; and informations' respecting Popish schoolmasters or mistresses, and Popish factors, and cham- berlains, according to the direction of the above Act 11. Ass. 1714, are appointed to be sent to the procurator and agents for the church, that they may be prosecuted according to law. — Act 8. Ass. 1717. XV. All presbyteries, and particular ministers and kirk-sessions are exhorted to have a watchful eye on the Papists with.in their bounds, and to take up lists of their names, and send the same to the commission of the assembly, to be laid before his Majesty's PAPISTS. ' 227 advocate, or otherwise used, as they shall see cause; r.nd that they be at all pains to reclaim Papists, and observe what is en- joined for that end by Act 8. Ass. 1707: (^/) And presbyteries, in whose bounds there are Papists, are enjoined to give in infor- mations against them, according to Act 11. Ass. 17 14; (//) and to hold visitations in parishes where Popery abounds, and to en- quire into the circumstances thereof, the number of catechisable persons therein, how many of them are Protestants, and how many Papists, and who of them are apostates ; as also, m hat is the length and breadth of such parishes, and what the real rent, and also the valued rent of each heritor extends to; tlu.t so it may be known where new erections are practicable, and how much each parish may afford toward the maintenance of 5chocis, conform to law : And 'tis appointed, that at these visitations, tlie churches and manses be also inspected by tradesmen, in a IcgJil manner; and that where ministers want glebes, grass, or other accommodations, the course prescribed by law be followed; and that an extract of what is done in the premisses be sent to the procurator and agents for the church, that diligence may be taken out thereon, according to law : And where schools are wanting in any parish, presbyteries are appointed to make legal intimation to heritors and parishioners, to meet on a certain day, and at a certain place, to stent themselves for a salary to a schoolmaster, and for the needful accommodations to him, as is appointed by act of Pari. 1GS3, 5, and 1G96, 26; and that they appoint a committee to meet with them; and if the heritors and parishioners, and failing the heritors, tlie greatest part of the parishioners meet, that they proceed to stent, and also to proportion the money laid on: And if they either meet not, or, being met, fail in settling a s.alary, and providing a house for the schoolmaster, the presby- (li) Svipra, u. (h) Supra, 13. 22 S PAPISTS. tery is appointed to present a petition to the commissioners of supply, or any five or more of them, with an extract of the valued rent of the parish, and crave that the commissioners may, in the terms of the foresaid acts of parliament, settle a school : And if the commissioners refuse, or shift the doing of it, that instruments be taken against them, and thereupon a process be commenced before the Lords of Session, who have already, in like cases, pro- vided salaries and houses for schoolmasters: And if, when all this is done, the heritors will not call a schoolmaster, the presby- tery is required, after the expiring of one year, to order intima- tion to be made from the pulpit to the heritors and parishioners, to meet on a certain day, in order to elect and present one to be schoolmaster : And if at that time they do it not, the presbytery is appointed to present one; and after edicts duly published as to him, to admit and settle him: And that where competent stipends are not provided in parishes where Popery abounds, or where the stipends are paid in small parcels, the presbytery concerned is appointed to cause draw up a state of these stipends, how, and by whom they are paid ; and also an account of the real rent of each heritor in such parishes, and send the same to the procurator and agents for the church, who, upon receipt thereof, are ordered to commence processes for settling competent stipends to mini- sters, where the same is not already done; and the expences of processes for settling stipends and schools in parishes where Popery abounds, are appointed to be born out of the church's public money. — Act 4. j4ss. 1719. XVI. The commission of assembly is instructed and impowered to do what in them lies, to prevent the growth of Popery, by directing and assisting ministers in those bounds, where Popery prevails, in applying all proper ecclesiastic remedies, particularly these prescribed in the above Act 4'. Ass. 1719, and former acts: And all the ministers of this church, especially, in such corners where there are Papists, are appointed to preach against the errors PAPISTS. £29 of Popery, and deal seriously with Papists for their conviction; and the commission is impowered to use all suitable endeavours to get the civil remedies now under consideration, brought to some good issue, and to think upon means to get proper books against Popery, put into the hands of peopl: in those places wlicre Popery prevails, or people are in danger of being perverted; aud the draught of a memorial against Popery is approven, and ordered to be sent to the secretary of state to be laid before his I^Iajc;i'vy. ^Act 7. Ass. 1720. XVII. 'Tis appointed, That presbyteries take an account of the number of Papists within their respective bounds, and of Popish priests who haunt among them, and where they hold their meetings; and that they lay the same before the commission in November next, or as soon as they can. — Act 5. Ass. i7i7. XVIII. The general assembly, express their gratitude to Pro- vidence for the privileges enjoyed by this church, and the security afforded to the Protestant religion by established laws : They declare their attachment to civil and religious liberty, and their desire that liberty of conscience be extended to Protestants of ail denominations : But they declare their persuasion, that a repeal of the penal laws now against Popery, would be inexpedient, dangerous, and prejudicial to the best interests of religion and civil society in this part of the united kingdom : They, there- fore, express their satisfaction in being assured that the bill for repealing the laws against the growth of Popery in Scotland is laid aside; and confide in the wisdom of the legislature that it will not in future be resumed : They express their strong disapproba- tion of those lawless mobs, which have disgraced the cause they meant to serve; and recommend to the people under their care to shew the influence of their religion by a quiet and charitable spirit, approving themselves worthy of their civil and religious liberties by a peaceable and moderate behaviour. — Act 1. Ass. 1779. 28© PARLIAMENT OF ENGLAND. PARLIAMENT OF ENGLAND*. I. Propositions are given by the commissioners of the parlia-, ment of England to a committee, to be presented by them to the general assembly, giving an account of the progress made by them towards a reformation, and craving the help of their prayers, and what other aid and assistance they shall think meet. — A de- claration of both houses of the parliament of England to the general assembly of Scotland, shewing that they had called an assembly of divines, which was then sitting at Westminster, and that they had sent commissioners from the parliament, with the assistance of some divines of that assembly, both therein named, to treat with the assembly of Scotland, anent public matters re- lating to the peace and commonweal of both kingdoms, the furthering the work of reformation in England, and a nearer conjunction betwixt both churclies, and entreating that these commissioners might be received with favour and credit in what they proposed : And also. That the assembly of Scotland, ac- cording to their promise and resolution, send some godly and learned divines to the assembly in England, for furthering that work j and that the assembly do what they can to procure aid to the parliament against the army of the Popish and prelatical party then on foot. — Scss. 8. Juj. 10. ^ss. 164^5. II. Propositions from both houses of the parliament of England to the general assembly, together with the double of a paper pre- sented by the said commissioners to the convention of the estates of Scotland, entreating their assistance for carrying on the work of reformation ; that the two kingdoms may be united into See Declaration, I. 4. 8. Letters I J. PARLIAMENT OF ENGLAND. 231 a strict league for effectuating thereof; and that the kingdom of Scotland might send forces to England to assist the parliament against the army of the Papists, prelatists, and malignants, then on foot. — Sess. 12. yli/^. 15. ^ss. 1643. III. Answers of the general assembly 1G4-3, to the above written declaration of the parliament of England, blessing God for the progress that that parliament had made in the reformation of religion; shewing that they had sent commissioners to propound, treat, and conclude with the assembly of divines now sitting at Westminster, and any committees to be deputed by both houses of parliament, in all such things as may conduce to the utter ex- . tirpation of Popery, prelacy, heresy, schism, supei'stition, and idolatry, and for settling the so much desired union of the whole island in one form of church government, one confession of faith, one common catechism, and one directory for the worship of God; and shewing their desire to be united and associated with England in a nearer league and solemn covenant, for maintain- ing the true reformed religion and unity, and uniformity therein, betwixt the kirks of this island, and that they had approven a draught and form of that covenant, expecting the like approba- tion of the parliament and assembly of England, that thereafter it may be solemnly sworn to and subscribed in both kingdoms; and promising not to be negligent in exhorting all others to their duty, or in concurring, so far as belongs to their place and vocation, ■with the estates then convened in any lawful and possible course, which may most conduce to the good of religion and reformation, the King's honour and happiness, and the deliverance of their brethren in England, from their present calamitous condition. — Scss. uh. Au^, 19. Ass. 1643. ^S^ PAIUSHI0NER.3. PENNY BRIDALS* PARISHIONERS*. 'TIs referred to the several presbyteries, to consider what's fit to be done, to get some proportion kept in the several parishes within their bounds, both as to their number and distance of l>:^ct.—Ja Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art. 8. PENNY BRIDALSf. J, That every presbytery in the kingdom take special care for restraining the great profanity, and other abuses which ordinarily fall forth at penny-bridals, as they shall think fit in their several bounds respective J and that they take a strict account of every minister and session, of their obedience to the ordinance of the presbytery thereanent, at the visitation of every parish kirk in their bounds. — Sess. ult. Feb. 12. yhs.lQ^S'i revived by jict 20. -(^..f. 1701. 1)1. 'Tis recommended to presbyteries to apply to the judges ordinary for puttmg the laws relating to penny-bridals in ex- ecution; and the commission Is appointed, upon representations from presbyteries of the judge's refusal, to apply to the govern- ment for obliging them to execute their office in this matter. — ,Act U. ^r.. 1706. III. 'Tis recommended to synods, presbyteries, and kirk-ses- sions, to see to the execution of the acts of assembly against abuses at penny-weddings, and to apply to the civil magistrate for the e:^ cution of the laws against persons guilty of abuses and dis- orders oh these occasions. — j4ct 10. Ass. 1719. * See Afts of Assembly, t See Lykewakes, 2. PENALTIES. — PETITION. fiSS PENALTIES. I. Presbyteries and ministers respective are ordained to be dili- gent, by all means, in procuring the full exact execution of all acts of parliament made against non-communicants, and excom- municated persons, and other acts containing pecunial pains for restraining vice, and advancing piety, and for uplifting the said penalties contained in the same, and for faithful employment thereof upon pious uses ; and presbyteries are to report their diligence therein yearly to the general assembly. — Act Sess. 7. yiine 4. Ass. 164'4'. II. 'Tis recommended and ordained. That presbyteries dili- gently endeavour, that Act of Pari. 1645, 9, concerning the up- lifting of pecunial pains to be employed upon pious uses, be put in due execution within their several bounds: As also. That the acts of parliament against excommunicated persons, especially Act of Pari. 1647, 20, be also carefully executed, and that they cause use all diligence to that effect, and that account thereof be required in provincial and general assemblies. — Act Sess. 25. ^ug. 28. Ass. 1647. PETITION. Petition by the general assembly 1645, to the parliament, en- treating them to proceed with some speedy course of justice against such persons, as were known to have joined themselves either actually in arms, or by their counsels, supplies, or en- couragements, have strengthened the bloody enemies of the re- formation, viz. The barbarous Irish who have invaded the land, and treacherous countrymen, who have joined them; and to re- solve upon, and put in execution, all lawful and possible ways of speedy and active pursuing and extirpating these barbarous and unnatural enemies within the kingdom. — Sess, 14. Feb. 7. Ass. 1645. Hn 534 PLACES CIVIL. — PLANTATION OF KlllKS, PLACES CIVIL* 'Tis declared, That as on the one part, the kirk and mini- sters thereof are obUged to give their advice and good council ia matters concerning the kirk, or the conscience of any whatso- ever, to his Majesty, to the parliament, to the council, or to any iTjember thereof for their resolutions from the word of God; so on the other part, that it is both inexpedient and unlawful in this kirk, for -pastors separated unto the gospel, to hold civii places and offices, as to be justices of peace, sit and determine in council, session, or exchequer, to side or vote in parliament, to be judges or assessors in any civil judicatory, and all contrary acts of assembly are rescinded and annulled; and namely the act of as- sembly 1600, which being pressed by authority, did rather for an interim tolerate the same, limited by many cautions, than in ^ freedom of judgment allow thereof, and presbyteries are ordained to proceed with the censures of the church, against such as should transgress therein in time coming. — Act Sesj. 25. Dec. 19. Ass, 1638. PLANTATION OF KIRKSf. That all presbyteries take special care, that the present oppor- tunity be diligently improved by all their members, as need is, before the commission of plantation of kirks, for the provision, plantation, convenient dividing, dismembering, better uniting and enlarging of parish kirks, as they would not be censurable for their neglect; and that every presbytery send in to the next general assembly the names of all their parishes, with declarations which of them have ministers, which not, what is the largeness of their bounds, commodious, or incommodious situation of each * See Evils of the Kirk, f See Kirks, i. Ministers, 5. § 14. POWER OF CHURCH JUDICATURES. — PRAYER. 235 parish kirk, what is tlie number of communicants, what kirks are under patrons, and what not-, who are the several patrons; what is the nature and quantity of the present provision, or possible ground of further provision for competent maintenance, where the same is not sufficiently pro\ided already: As also, what parishes are united, or disunited, or bettered already, and in what measure, by the said commission, that the general assem- bly being acquainted therewith, may do accordingly, botli for censuring neglecters, and finding out overtures for better further- ance of the work in time to come; and that the next ensuing provincial synods crave account of the several presbyteries dili- gence, and press that they may have it ready in writing to pre- sent to the provincial synods in April 1G48, that so ail may be in readiness^ and full accounts made at the next general assem- bly.—i'^jj. 27. Aiig.ult. Ass. 1047. POWER OF CHURCH JUDICATURES. Church judicatures have power to convene and call before them any persons within their bounds, when the ecclesiastic business which is before them, doth concern them, either as party, wit- ness, or otherwise; and to examine .them according to the nature of the affixir; and to hear and determine in such cases as shall orderly come before them, and accordingly dispense church cen- sures.— Form Pr-oc. cap. 1. § 5. Act 11. Ass. 1707, PRAYER*. T. A diet set apart for prayer. — Act 4. Ass. 1C90. II. Another .—.A/ 2. Ass. 1694. • See Profaneness, 3. § 2. Excommunication Greater. Tunes Common. Ministers Corruption in OfBce, § 5. in Person, § 6. Re- medies of the Coirruptious of Ministers, $ 9. 236 PREACHING. III. Another diet for prayer. — Jrt 4. Ass. 1695. IV. Another diet set apart for prayer Act 5. and observed Act 6. of the same Ass. 1695. V. 'Tis unanimously recommended to all the ministers of this church. That, in their public prayers, after praying for her Ma- jesty Queen Anne, they expressly mention the Princess Sophia, Electress and Duchess Dowager of Hanover, and the Protestant line in that family upon whom the succession of the crown of these dominions, is by law established; or that they pray in such terms, as their congregation may understand that they mean the Princess Sophia, and the heirs of her body being Protestants. — ylct. 4. Ass. 1711. VI. Tis enjoined on all the ministers of this church. That they pray for her royal highness the Princess of Wales, as well as for the King and royal family. — Act 5. As. 1736. VII. 'Tis enjoined on ministers. That they pray for her royal highness the Princess of Wales, as well as for his Majesty King George, his royal consort the Queen, his royal highness the Prince of Wales, and all the royal family; and, that her royal highness the Princess of Wales be named immediately after the Prince. — Act 6. Ass. 1795. PREACHING*. I. 'Tis recommended to all ministers and preachers, se- riously to observe and consider the directory of this church concerning the preaching of the word, approven by general as- sembly 1645 : (^a) And in particular, That they be careful to warn their h- arers against any thing tending to Atheism, Deism, Arianism, Socinianism, Arminianism, Bourignianism, Popery, * See Remedies Particular Eccle&iastic of Sins, i. Bursars, 17. {a) Diitctory for Worship, 2. PREACHIKG. 237 Superstition, Antlnomlanlsm, or any other errors; and that in their sermons they insist frequently upon the truth, necessity, and excellency of supernatural revelation, the Supreme Deity of the Son and Holy Ghost, as well as the Father, together with the oneness of the God-head, our sinful state by nature, the necessity of grace, and of faith in Christ; and that they make it the great scope of their sermons to lead sinners from a covenant of works to a covenant of grace for life and salvation, and from sin to Christ: And 'tis recommended to all who preach the gospel, "when they handle the doctrine of God's redeeming love, and of his free grace in the justification of sinners, the blessings of the Redeemer s purchase, and the privileges of thenew covenant, to stu- dy so to manage these subjects, as to lead their hearers into an ab- horrence of sin, the love of God and of our neighbour, and the practice of universal holiness, seeing it is one great end of the gospel to destroy the works of the Devil, and to teach men to live soberly, righteously, and godly in this present world. Upon which account it is incumbent on all who preach the gospel, to insist not only upon the necessity and excellency of faitli in Jesus Christ for salvation, but also upon the necessity of repentance for sin, and reformation from it, and to press the practice of all the moral duties, both with respect to the first and second tables of the law, as indispensably necessary in obedirnce to God's com- mand, to testify our gratitude to him, to evidence the sincerity of our faith, for the benefit of human society, adorning the pro- fession of religion, and making us meet for eternal life, seeing without holiness no man can see the Lord. And 'cis seriously recommended to all ministers and preachers of the gospel. That in pressing moral duties, or obedience to the law, they shew the nature and excellency of gospel holiness, and inforce conformity to the moral law, both in heart and life, not from principles of reason only, but also, and more especially, of revelation: And in order thereto, it is necessary to shew men the corruption and 2S8 PREACHING. depravity of human nature by their fall in Adam, their natural impotence for, and aversion to what is spiritually good, and lead them to the true and only source of all grace and holiness, viz. union with Christ, by the Holy Spirit's working faith in us, and renewing us more and more after the image of God : And to let their hearers know, that they must first be grafted into Christ as their root, before their fruit can be savoury unto Godj that they must have a new principle to animate, and a new end to direct them before their actions become gracious and acceptable in the sight of God : And that they teach them the necessity of living by faith on the Son of God, in a constant looking to, and dependence upon him, as the great author of all gracious influ- ences for the performance of every duty; and withal, that after their best performances and attainments they must count them- selves but loss and dung, in point of justification before God; and to make it their great desire only to be found in Christ, and his righteousness: And that ministers in application of their sermons, endeavour rightly to divide the word of truth, speaking distinctly to such various cases of the converted and unconverted, as arise natively from the subject they have been handling: And that in the whole of their discourses, they take care to suit them- selves to the capacity of their hearers, as to method, matter, and expression, and to the prevailing sins of the time and place, with all prudent and zealous freedom and plainness: As also, that they make gospel subjects their main thsinc and study, and press with all earnestness the practice of moral duties in a gospel manner: And that they forbear delivering any thing in public, that may tend more to amusement than edification, and beware of bringing into their sermons and public discourses, matters of doubtful disputation, which tend to engender strife, rather than promote the edification of Christians : And all are exhorted to study to maintain the unity of the spirit in the bond of peace : And finally 'tis recommended to all professors of divinity, to use PREACHING IN PUBLIC. — PRESBYTERIES. 230 their best endeavours to have the students under their care well acquainted with the true method of preaching the gospel as above directed! and that presbyteries at their privy censures, enquire concerning the observation of this Act 7. Ass. 1736. 11. 'Tis recommended to ministers to instruct the people under their care, and for this purpose to preach expressly, at least four Lord's days every year, on the principles of pure Christianity- opposite to the errors and corruptions of Popery, and on the grounds and reasons of the reformation, and the principles on which the late glorious revolution, and our present happy estab- lishment, are founded. — Act 4. Ass. 1749. PREACHING IN PUBLIC. All persons discharged to preach in public, under the name and notion of an expectant, or under any other pretence what- soever, except such as shall be tried and found qualified accord- ing to the acts of the general assembly; and 'tis recommended to presbyteries and provincial synods to take special notice there- of, and to censure the transgressors accordingly. — Ajt Scss. IK Junell. Ass. 1646. PRESBYTERIES*. I. All presbyteries erected since the year 1586 are ratified, and new presbyteries are erected according to a particular note re- gistrated in the books of assembly. — Act Sess. 23. 24. Dec. 17. 18. Ass. 1638. § 1. 2. * See Novations. Judicatories. Remedies of the Corruptions of Ministers, § 2. 7. Army. Overtures, 3. Bursars. Correspond- ence. Deposed Ministers. Papists. Confession of Faith, I. 7.8. Marriage, 3. Asiociating in Presbyteries. Commissioners to As- semblies. Dissenting Voices. Provincial AssembUes. S'id pRESBtTERlAL MEETINGS* II. It is declared. That the power of presbyteries, and of pro- vincial and general assemblies hath been unjustly oppressed, and never lawfully abrogated j and, therefore, that it hath been most lawful to them (notwithstanding any point unjustly objected by the prelates to the contrary) to chuse their own moderators, and to exercise all the parts of ecclesiastical jurisdiction, according to their own limits appointed them by the kirk. — Act Sess. 13, Dec. 5. Ass. 1G38. III. 'Tis declared, That presbyteries have power to admit mini- "p sters, and chuse own moderators. — Act Sess. 23. 24. Dec. 17,. lo. Ass. 1638. § 7. PRESBYTCRIAL MEETINGS. Presbyterial meetings are ordered to be kept weekly, both in summer and winter, except in places far distant, who during the winter season, /. e. betwixt the 1st of October, and the 1st of April, are dispensed with, for meeting once in the fourteen days: And all absents are to be censured, especially these who should exercise and add, according to the act of assembly 1582: And that some controverted head of doctrine be handled in the pres- bytery publicly, and disputed among the brethren, every first presbytery of the month; according to Act 12. Ass. 1598, held at Dundee.— Act Sess. 23. 24-. Dec. 17. 18. Ass. 1638. $ 2. PRESENTATIONS TO BENEFICES*. That the principal places of the realm be provided by men of most worthy gifts, wisdom and experience. — Act Ass. 1596, rati- fied by Act Sess. 23. 24. Dec. 17. 18. Ass. 163S. Art. 9. See Ministers Corruptions in Office, § 5. Expectants, 4. 5. PRIESTS. — PRINTING. fiil PRIESTS*. 'Tis recommended to all provincial synods, presbyteries, and kirk-sessions within this national church, to take particular notice of trafficking priests: And 'tis appointed. That lists be taken up of their names, and given to the privy council, with an address for executing the laws against them : And 'tis recommended to presbyteries, to advert to the education of young noblemen, gentlemen, and others, children of Popish parents, and to put Act 7. Ass. 1690, (a) thereanent, in execution. — ylct 9. Ass. 1695. PRINTINGf. All persons within the kingdom are discharged and prohibit- ed, to print any act of the former assemblies, or any of the acts or proceedings of that assembly, any confession of faith, any protestation, any reasons pro vol contra anent the present divi- sions and contraversies of this time, or any other treatise what- soever, which may concern the kirk of Scodand, or God's cause in hand, without warrant subscribed by IMr. Archbakl Johnston, as clerk to the assembly, and advocate for the kirk; or to reprint, without his warrant, any acts or treatises foresaid, which he hath caused others to print, under the pain of ecclesiastical censures to be executed against the transgressors, by the several presby- teries*, and in case of their refusal, by the several commissions from this assembly : Whereunto civil authority is also expected. — Act Sess. 26. Dec. 20. Ass. 1638. II. All persons are prohibited and discharged to print any pe- * Sec Papists, i. 4. 6. §6. 7. 13. •f See Acts of Assembly, 3. 4. 6. {a) Papists, 5. I I 2t2 PROBATION. — PROBATIONERS. titlon, address, appeal, reasons, or answers, or any part of any proeess to be brought in to the general assembly, or any other ' church judicatory, without leave given by the respective presby- teries, before whom the same is in dependance; with certifica- tion, that no respect shall be had thereto, by reading or con« sidering the same, in case they contravene this Act 17. Ass. 1700. III. 'Tis enacted and declared. That in case parties concerned in processes brought before the judicatories of this church, shall think fit to print states of their case, or other papers relating to said processes, it is only under these restrictions, viz. That a written copy of such printed papers be given in to the clerk of the ji:dicaiory subscribed by the party or his commissioner, to the end, that if any thing that is false, or not instructed, be therein inserted, or any indecent expressions used, the subscrib- er may be censured according to the demerit of his fault: And parties are discharged to disperse, or the members of the church judicatories to regard any printed paper concerning matters de- pending before them, not subscribed in the terms of this Act 6* Ass. 1727. PROBATION*. In case of contumacy, probation is to be led, though the de- linquent be absent. Form Proc. cap. 8. § 7. Act 11. Ass. 1707. ' PROnATIONERSf. I. That no presbytery admit any person to trial, in Order t» * See Witnesses. Oath. Excomirunicatlcn Greater. t See Confession of Faith, 7. 8. Students. Intrants. In'sli Bursals. Ministers, 6. Profaneness, 3. § 4. North, lo- 12. 15* 17. 21. Irregular Licensing. PROBATIOXERS- 24j} preaching, but such as are of sound principles^ and of a sober, grave, prudent, and pious behaviour, and of whom they have ground to conceive good hopes that they shall be useful and edi- fying in the church: And for this end 'tis appointed, That such persons shall produce, before the presbyteries who admit them to trial, sufficient testimonials from the ministers of the parishes where they lived, and from the presbyteries in -whose bounds they reside, and also from the professors of divinity, v.-here they may have attended the profession for some time; And if the said persons come from a place where there is no presbyte- ry yet constituted according to the legal establishment, they shall produce testificates from the next adjacent presbytery, who are to inform themselves concerning their principles and behaviour, and to testify of them accordingly. And ap- pointed, That when such persons are first licensed to be proba- tioners, they shall oblige themselves to preach only within the bounds, or by the direction of that presbytery which licensed them; and they shall also, by promise and subscription, en- gage themselves, to be subject to that presbytery which licensed them, or to any other church judicatory, wherein by Providence they shall have their abode, for shorter or longer time; and that they shall follow no divisive course; And this their engagement shall be inserted in the body of their license. And further 'tis appointed, that when they are removing from that presbytery which licensed them, they shall carry with them an extract of their license, and a testimonial from the presbytery of their carriage; which they are to present lo the presbytery to which they come, or, at least, to some minister therein, before they preach within that bounds ; and which minister is not to cm- ploy them, except in his own pulpit, until he give notice there- of to the presbytei-y at their next meeting, and have their al- lowance. *Tis also appointed, That the presbytery to which the said probationers do so come, shall require the same subjection 244> PROBATIOKERS. and orderly carriage from the said probationers, during thelf abode in that bounds, to which they were engaged to the pres- bytery by which they were licensed : And if they go to any place where a presbytery is not yet constituted according to the legal establishment, they shah be obliged, before they preach in that bounds, to make their address to the next adjacent and le- gally established presbytery, to whom they shall be subject, and by whom they shall be directed as aforesaid : And in case the said probationers shall malverse in doctrine or conversation, they shall be accountable to, and censurable by the said respec- tive judicatories, as they shall see cause : And if the said pro- bationers refuse subjection, or prove contumacious to such cen- sure, whether of reproof, suspending from the exercise of their license, or of recalling the said license; intimation shall be made thereof by the said judicatories, to the neighbouring judicatories, or where they shall understand the said probationers are; that so none may employ them to preach, nor their after irregulari- ties be imputed to the presbyteries that licensed them, or where they afterwards had their abode. And 'tis provided and declar- ed. That the foresaid probationers are not to be esteemed, by themselves or others, to preach by virtue of any pp.storal office, but only to make way for their being called to a pastoral charge. Art 10. /Iss. 1604. II. The punctual observance of all acts already made, con- cerning probationers or intrants to the ministry, is seriously re- commended to all pres'iyteries ; and some overtures, about li- censing probationers, and the trial of them, or intrants to the ministry, are transmitted, and the observance of them recom- mended, until the next assembly. — Art 13. Ass. 1708. III.' Tis enacted, That none be admitted to trials, in order to ^ be licensed, but such as have attended the profession of divinity for six years, or have closely followed the study of divinity and of the languages, for that space at least, after they have passed PROBATIONERS. 245 their course of philosophy at the college, and made proficiency therein, in case their circumstances did not allow them to attend the profession! tho' it were to be desired that they should attend the profession of divinity n.uch of that time; but this is not ex- tended to students having the Irish language*, providing that be- fore any presbytery licens-j such students witiiin the said first six years, they first consult the general assembly, or the com- niission thereof, in the matter. And 'tis further ordained, That none be licensed in any presbytery, except they have resided therein for the space of six years or produce to them sulhcitiit testimonials from the presbyteries in whose bounds they have last, or for the most part resided, bearing expressly, that it is the desire of these presbyteries, that these students should be en- tered upon trials : And such students as come from abroad, shall produce satisfying testimonials from the professors under whom they studied; and the time of their being abroad shall be accounted a part of the said six years; but none of th:sc students shall be entered on trials for the space of a whole year after they come to Scotland : And 'tis also ordained, That, the above space of six years being expired, and testimonials produced in manner foresaid) the presbytery which is to take trial of these students, shall, before they enter them upon trials in order to be licensed, write letters to all other presbyteries within the synod, acquaint- ing them with their design ; and at the next meeting of the sy- nod, they shall also acquaint the synod thereof, and obtain their special advice and judgment in that particular. And the punc- tual observance of all acts already made concerning probation- ers and intrants to the ministry, is seriously recommended to all presbyteries; and that, before any pre;sbyteries receive any upon trials, in order to his being licensed, three or four of the num- ber be appointed to converse with him, and to take trial of his -r orthodoxy, knowledge in divinity; particularly, the modern con- ■4- trovcrsies, and other necessary qualific^itioas for the ministn', 4. i 246 PROBATIONERS. "4- and what sense and impression he has of religion upon his own joulj and that'they make report of their diligence herein, before the presbytery admit him to the probationary trials. And pres- byteries are discharged to put the call of any parish into the hand of the probationer called; and they are appointed to keep the same still in their own hands, until the said probationer's trials be over, and that the presbytery be fully satisfied both as to his sufBciency and fitness for that parish: And certain ques- tions are appointed to be put to all such as pass trials in order to be licensed; as also to such as shall be ordained ministers^ or admitted to any ministerial charge or parish: And a Formula is set down, which they are appointed to subscribe before they be licensed, ordained, or admitted respectively : And the licen- sing, ordaining, or admitting any who shall not give satisfying answers to these questions, and subscribe the formula here sub- joined, is prohibited and discharged. Follow the ^iestio?is to be put to probationers. — 1. Do you believe the Scriptures of the Old and New Testament to be the word of God, and the only rule of faith and manners? 2. Do you sincerely own and believe the whole doctrine of the confession of faith, approven by the general assemblies of ihis national church, and ratified by law in the year 1 G90, and frequently confirmed by divers acts of parliament since that times to be the truths of God contained in the Scriptures of the Old and New Testament? And do you own the whole doctrine therein contained as the confession of your faith ? S. Do you sincerely own the purity of worship presently authorised and practised in this church, and asserted in Act 15. Ass. 1 707, C.'.J intituled, Act against Innova- tions in the Worship of God.-* And also own the Presbyterian government and discipline, now so happily established in this ^aj InnovatiorA PROBATIONERS, t4'jr church ? And are you persuaded, That the said doctrine, worship, discipline, and church-government are founded upon the holy Scriptures, and agreeable thereto? 4-. Do you promise, That, through the grace of God, you will firmly and constantly adhere to, and in your station, to the utmost of your power, assert, main- tain, and defend the said doctrine, worship, discipline, and the government of this church by kirk-sessions, presbyteries, pro- vincial synods, and general assemblies? 5. Do you promise, That in your practice you will conform yourself to the said worship, and submit yourself to the said discipline and government of this church, and shall never endeavour, directly nor indirectly, the prejudice or subversion of the same? 6. Do you promise, That you shall follow no divisive courses from the present establish- ment of the church ? 7. Do you renounce all doctrines, tenets or opinions whatsoever, contrary to, or inconsistent with the said doctrine, worship, discipline, and government of this church ? 8. Do you promise. That you will subject yourself to the seve- ral judicatures of this church? Follows the Formula. — I, , do hereby declare. That I do sin- cerely own and believe the whole doctrine contained in the con- fession of faith approven by the general assemblies of this national church, and ratified by law in the year 1690, and frequently confirmed by divers acts of parliament since that time, to be the truths of God ; and I do own the same as the confession of my faith : As likewise, I do own the purity of worship presently authorised and practised in this church; and also, the Presby- terian government and discipline, now so happily established therein; which doctrine, worship, and church-government, I am persuaded, are founded upon the word of God, and agreeable thereto: And I promise. That, through the grace of God, I shall firmly and constantly adhere to the same ; and, to the utmost of my power, shall, in my station, assert, maintain, and defend the said doctrine, worship, discipline, and government of this; -f + 24.S PROBATIONERS. church by kIrk-sessions, presbyteries, provincial synods, and gc- ncral ass;rriblies; and that I shall in my practice, conform myself to the said worship, and submit to the said discipline and govern- ment; and never endeavour, directly nor indirectly, the prejudice or subvrrsion of the same : And I promise. That I shall follow no divisive course from the present establishment in this church; Renouncing all doctrines, tenets^ and opinions whatsoever con- trary to, or inconsistent with the said doctrine, worship, discipline, and government of this church. — y^ct 10. ji(s. 1711. IV. For explication of the above Act 10. Ass. 1711, 'tis de- clared to be fit, That, before one presbytery grant a recommen- dation or desire to another presbytery, for entering a student of divinity upon trials, they take the usual private trials appointed by the said act to be taken of such students, as if they were to be passed before themselves — y^ct 10. j4ss. 1713. V. The strict observation of Act 5. Ass. 1705, (a) and of Act 10. Ass. 1711, (h) and other acts of assembly, about trying and licensing probationers, is seriously recommended to all pro- fessors of divinity, and presbyteries within this church: And 'tis further recommended to presbyteries, That they cause read to the young men about to be tried, the engagements required by the said Act 10. Ass. 1711, (h) of such as are to be licensed; and that they take a promise of the said young men, That they will subscribe to, and punctually observe the same, in case they be licensed : And presbyteries are desired to record this their promise in their books, and to cause all this to be done before any part of the public trials be prescribed : And in case of students bringing testimonials from their professors, or from presbyteries wherein they have for the most part resided, in the terms of the foresaid acts, in order to their passing trials in some other pres- bytery; such presbytery, to whom they come so recommended, {a) Schools, 5. CliJ Supra, 3. FROBATIOKTRS. 249 are not to begin their trials, until they have resided at least half a year immediately before, in their bounds : And the visitors of presbytery-books are appointed to report to their synods, an ac- count of the diligence of the several presbyteries in this matter, but 'tis provided, that what is above-contained shall not be ex- tended to students having the Irish language. — A< t 6. Ass. 1 7 1 4'. VI. The ordinary allowances payable by the acts of assembly to preachers, sent from time to time by the assem'bly or commis- sions thereof, to supply vacant churches, or in order to be settled in the North, the Highlands, and Islands, are appointed to be paid next to the stated' annual charges of the church, and before any other claim and demand whatsoever, that shall be made out of the church's public money. — Act 5. Ass. 1715. VII. *Tis enjoined. That all former acts made with respect to the entering of students upon trials for the ministry be strictly observed. And further, 'tis appointed. That when any presbytery about to enter a person upon trials, shall receive a letter from an- other presbytery, shewing their dissatisfaction with said person, and giving grounds for it, he shall not be licensed until the synod give tlieir directions in the matter, unless the presbytery which shewed dissatisfaction, afterwards signify their consent, that thetriaisshould go on. And presbyteries who shall receive such letters about stu- dents, are appointed to write a return to them, by first post after their meeting. And likewise appointed. That when any young man comes to wait upon the profession of divinity in any uni- versity, he shall bring a certificate from the minister of the pa- rish from whence he comes; and when he leaves the profession, he shall also take with him, besides the professor's certificate, a testimonial from the minister of that parish in which he resided when he attended the profession. — Act 12. Ass. 1727. VIII. Enacted, 1 . That every probationer residing two months within the bounds of any presbytery shall present his license to the same i and that the said presbytery mark in their register the Kk 250 PRODATIOXERJ. probationer's name and the presbytery which licensed him. 2, That each presbytery extract from their records annu?.lly,in March or Apriija complete list of probationers tlien residing, or who have resided for the above space, within their bounds, mentioning in these extracts, first the names of their own licentiates, and then the names of the others residing as above, with the presbytery who licensed them. 3. That these extracts be made out upon the schedule which bears the prjsbytery's commission to their mem- bers to the general assembly, and be signed in like manner by the moderator or clerk j and that the extracts further mention the names of students then under trials before the presbytery. 4. That the committee for examining commissions to members of assembly, shall annually make up a roll of probationers and students from these extracts j and that it be presented to the ge- neral assembly, as a part of the committee's annual report, and be recorded in the assembly's register. — Act 9. A^s. 173G. IX. 'Tis enjoined, that none coming licensed from abroad be. allowed to preach in Scotland, till they be re-examined, and come under the engagements, and sign the formula^ according to Act 10. Ass. 1711. (a)—Ajt IG. A^s. 1736. X. 'Tis enjoined on presbyteries to be strict in adverting, that young men whom they license to preach the gospel, be persons of good report, and carefully observe their behaviour after they are licensed ; and appointed. That the rules of the form of process Ch. 7. ('>) with respect to informations against ministers of this chnrch, be extended to probationers. — Act 9. Ass. 1745i. Nota. This act was afterwards transmitted to presbyteries as. an overture. XI. 'Tis enjoined. That all presbyteries take care, in licensing probationers, strictly to observe the rules of the word of God, and acts of assembly relative thereto j also to observe the rules (a) Supra, 3. (h) Ministers, ^t PROBATIONERS. 2ol •bf this church, with respect to probationers for the ministry, licensed in England, or foreign parts; that before taking any steps towards a settlement in consequence of a presentation, they take cire, that the patron and presentee be duly qualified, and that the presentation be in the terms of law; and that when one is presented to a parish against whom there appears to be no just objection, they use their best endeavours to render tlie presentee acceptable to the parish. — Act 4. Ass. \lo^. XII. Enacted, That before any presbytery or synod ngrce to, take upon trials any blind man, they first consult the general as- sembly.—^c^ G. Ass. 17GI. XIII. Enacted, That in licensing probationers the following regulations shall be strictly observed in all time coming, 1. That no presbytery admit any person to probationary trials, but such as are found to be of good report, sufficient learning, sound principles, pious, sober, grave, prudent behaviour, peaceable dis- position, well-affected to government in church and state, and who, they have good grounds to conceive, will be useful and edifying in the church, and that careful enquiry be made there- anent; and that such as are esteemed light and vain in their behaviour, proud, worldly minded, or unacquainted with the power of practical godliness, be kept back from that sacred work. 2. That none be admitted to trials in order to be licensed, but such as have produced to the professor of divinity, at the time of being enrolled, cither a deploma of master of arts, or a cer- tificate, bearing that they have gone tlirough a full course of philosophy at the college, and who have cither given close at- tendance, on the divinity-hall for the space of four years, from the time of their enrollment as students in divinity; or, if their circumstances did not allow them to give close attendance on the hall, have continued to prosecute the study of divinity for six years, and have in that time delivered the usual number of dis- courses; provided, that at the time of their being admitted to trials, they arc twenty-one years of age complete, o, 'Tis re- 25i{ PROBATIONERS. commended to presbyteries, professors, of divinity, ministers, ami members of the church, to keep a watchful eye on such students, during the terms above specified: And further, That when any student comes to attend the profession of divinity in any uni- versity, he shall produce to the professor, and to the minister of the parish where he is to reside, during the time of his attend- ance on the profession, a testimonial from the minister of the parish from whence he comes j and when he leaves the profession, he shall carry back testimonials from the minister of the parish, of his grave and suitable behaviour becoming his character; and from the professor, testimonials certifying the same, and also his regular attendance on the diets of the profession, and the time he has attended. And when any professor of divinity shall think fit to recommend a student, in order to probationary trials, his testimonials shall certify his proficiency in his studies, and mora) character. 4. 'Tis appointed, That no presbytery admit any student to probationary trials except such as have resided within their bounds for the space of six months, or do produce to them sufficient testimonials from the presbytery in whose bounds they have lived, or for the most part resided, expressing, that it is the desire of these presbyteries that these students should be entered upon trials. And such students as come from abroad, shall produce satisfying testimonials from the professors under whom they have studied; and the time they have been abroad shall be accounted a part of the six years; and none of these students shall be entered upon trials for the space of half a year after they come to Scotland. 5. "When any student is proposed to a presbytery, in order to be taken on trials, -he proposal sliall lie on the table till next ordinary meeting, before they give judg- ment therein, that diligent enquiry may be made, and informa- tion had concerning the student's qualifications and behaviour; and the presbytery shall be alone when the proposal is made and judged on; and 'tis enjoined, That students take all oppor- J»ROBATI0NER?. 253 tunlties of cultivating an acquaintance with the n:iinisters of the presbytery where they reside, and where they are to pass trials. 6. When the presbytery, after serious enquiry and mature de- liberation, shall agree to take the proposed candidate on trials, they shall examine him privately, in order to enable them to judge whether he possesses the piety, knowledge, abilities, and other qualifications necessary for a preacher of the gospel, 7. 'Tis appointed. That the same method be observed, and trials taken in all the above particulars, before any presbytery recom- mend a student to pass trials in another presbytery. 8. Or- dained, That the terms above specified being expired, and testi- monials produced, and previous trials taken in manner above directed, the presbytery, before they prescribe any part of public trials, shall write letters to all the presbyteries within the bounds of the synod, acquainting them with their design, two months at least before the sitting of the synod j and at the next meeting of the synod, they shall also acquaint the synod thereof, and obtain their special judgment and advice in that particular; and, that the members of the said presbytery and synod may be ripely advised thereanent, 'tis appointed, that the said letters be duly and carefully transmitted to the several presbyteries, and that inti- mation thereof be publicly made at the first diet of the s}'nod, to lie on the tabic till the second or some subsequent diet, and then particular enquiry be made whether any person have any thing to object against the student's being entered upon trials for preaching the gospel j providing always, that in any part of this church, where synods meet but once a-year, a student may be proposed to the synod half a year sooner than would have been competent if the synod had met twice a-year. 9. 'Tis re- commended to presbyteries, that before any student is entered on trials, the engagements required by Act 10. Ass. 1711, [a) (a) Supra, 3. 254 l»R0BAT10XERSS of such as are to be licensed, be read to them; and that the prcs» bytcry take promise of them, that they will subscribe to, and particularly observe the same, in case the presbytery see cause to hccnse them; and that this promise be recorded in their books. 10. 'Tis appointed. That the public probationary trials of students, who are to be licensed probationers, be the following, viz. The catechetical trials to be renewed in presence of the presbytery, and that previously to all the other parts of public trials — a homily in English on a Scripture text — an exegesis in Latin on a contraverted head of divinity, and sustaining a thesis and dis- pute thereon an exercise and addition — a lecture on a large portion of Scripture — a popular sermon — a trial on chronology and church history, especially the history of our OAvn church — and a trial on their knowledge of the Greek and Hebrew languages. 11. 'Tis enacted, That the questions appointed by Act 10. Ass. 1711, (a) be put to all such as pass trials ; and likewise that they shall subscribe the forinida set down in that act, before they be licensed to preach the gospel : And the general assembly pro- hibits the licensing any person who shall not give explicit and satisfying answers to these questions, and subscribe the said fonnula ; and discharge any presbytery to make use of any other questions or yor7/7«/«. 12. When any presbytery, who with the synod's allowance, has entered, or who is about to enter a student on trials, shall receive a letter from any presbytery shewing their dissatisfaction with that student, and giving relevant grounds for the same, which they offer to verify to the presbytery at their next meeting, the said student shall not be licensed until the matter be tried : And appointed, That presbyteries who shall receive such letters ancnt students from any other presbytery write a return by the iirst post after their meeting, acquainting (a) Supra, 3, PROCESS. 255 them with their next diet. 13. That the nets concerning simory be read before hcensing any probationer. 14. For the better observation of this act, it is particularly recommended to pro- fessors of divinity, to communicate the contents thereof to their students in a public meeting annually, at such time, in the montii of January as to them seems most convenient. And aU presby- teries and synods are peremptorily appointed to observe the same in all parts : And it is strictly enjoined, That visitors of presby- tery-books make strict enquiry how the several presbyteries ob- serve the same. — Act 8. Ass. 1782. Nota. This act, with considerable additions and alterations, is again transmitted to the consideration of presbyteries. PROCESS*. I. Appointed, That all processes or other papers be delivered to the clerk, in the intervals betwixt the diets of the assembly's meeting; and declared, that such as shall be otherwise dehvcred, ■shall be laid aside for that diet. — Act 7. Ass. 1694-. II. A committee is appointed, to concert and prepare a form of process, for regulating the procedure of church-judicatories for the future, and to report to the commission, and they to trans- mit the same to the several presbyteries for their opinion, to be reported to the next assembly : And 'tis recommended to the commission, to cause again revise the printed overtures for dis- cipline, with the amendments, and cause reprint and transmit the same to the several presbyteries, for their opinions, to be also re- ported to the next assembly. — Act 25. ylss. 1704. III. The foresaid form of process in the judicatures of this church, with relation to scandals and censures, is ratified and ;ipproven, and ordained to be observed, as fixed binding rules Sec Competency of Judicaturea. 256. PROCLAMATION. and directions in the whole matters therein contained, except the 7. 8. 9. Paragraphs of Chap. 4. and what concerns the pressing of the oath of purgation. As to which, 'tis only recommended to church-judicatories,to regulate themselves according to the ad- vice therein insinuated, as they shall find most for edification.— j^ct 11. Ass. 1707. PROCLAMATION. Such as have been prime instruments of publishing the Marquis of Montrose's proclamation for editing a pretended parliament, or any such proclamation, and declaration, are declared to de- serve the highest censures of the kirk, unless they make humble confession of their offence publicly in such manner as is prescribed by that assembly; and tis recommended to the committee of estates, to take some course for their exemplary civil punishment; and that some public note of ignominy be put upon that procla- mation.— Scss. 14. June 17. Jss. 1646. PROFANENESS*. I. All ministers, and all who fear God, are exhorted and re- quired to have on their hearts a deep, humbling, and soul-affect- ing sense of the gross and abominable sins and vices that abound in this nation, and be much in prayer and supplication before God on this account ; and that all the ministers of this church preach plainly and faithfully against these vices, and denounce the threatened judgments of God against such evil doers, and deal earnestly and much with their consciences, to bring thera to a conviction and sense of their sin and danger; and church- judicatories are appointed faithfully to exercise church-discipline against all such scandalous offenders, with that gravity, prudence. * See Markets, Lord's Day. PROFANENESS. 257 and meekness of wisdom, as by the blessing of God, may prove an effectual mean of reforming and recovering the guilty, and of preventing the like sins in others. And 'tis required, That care be taken in the receiving of servants, and that they have testi- monials of their honest and Christian behaviour, and that the same be required of all others who flit and remove from one parish to another. And 'tis appointed. That the ministers and elders in each congregation take care, that the worship of God be performed in the several families thereof; and if any family be found which neglecteth this necessary duty, the head of that family is to be gravely, seriously, and earnestly admonished until he amend his fault : And 'tis recommended to ministers and kirk- sessions, That none be ruling elders who make not conscience of this necessary and unquestionable duty, and no grossly ignorant and scandalous person be admitted to the Lord's table. And 'tis recommended to ministers and kirk-sessions. That they carefully apply to the several magistrates of their bounds, that the acts of parliament against profaneness may be put in execution, and particularly the act of parliament 1G93, 40. And this act is ordained to be publicly read and intimated in all churches. — Act 13. Ass. 1694. II. In the first place, all the people of this church and nation are in the awe and dread of the great God, who will not hold them guiltless that break any of his commands, besceched, warn- ed, and obtested to break off their sins by repentance, and seriously, in the fear of the Lord, to apply themselves to a sober, conscientious. Christian, and circumspect walk in all manner of conversation, as becomes the professors of the glorious gospel of the blessed God, and of that religion which is pure and undefiled, as they would not incur the heavy displeasure and just indignation of the Holy One, in being excluded for ever from seeing his face in peace, and pull down his temporal judgments upon themselves, and upon the land, And next, all the ministers of this church 25S PROFANENESS, are required, freely and faitlifully to preach against the enormous sins of profane and idle swearing, cursing, Sabbath-breaking j profane withdrawing from, and contempt of gospel ordinances; yea, opposing the dispensing of them, by hindering the planting of churches, and discouraging the endeavours of others for calling and fixing a faithful gospel ministry among them; mocking of piety and religion, and the exercises thereof; fornication, adultery, drunkenness, excessive tippling, deism, blasphemy, and other gross abominable sins, as the crying sins of the time ; that people may be brought to a conviction and sense of their heinousness and danger, and may reform, not only for fear, but for conscience. And 'tis appointed. That presbyteries and kirk-sessions faithfully and impartially exercise church-discipline against all such scandal- ous offenders, and use all suitable means in dealing with their consciences to bring them to an unfeigned repentance aud re- formation: And 'tis recommended to ministers and members of kirk-sessions, from a true zeal for God, to hold hand to the de- lating, informing against, and punishing of all profane transgres- sors, without respect of persons, by civil punishments, conform to the acts of parliament made in that behalf; and that they re- cord their diligence in their session-books, that the same may bc seen by their presbyteries, who are required to make enquiry therein, at their visitations; and lest any be found backward in performing their respective duties,from an unwillingness to dis- please or disoblige persons of note, who may happen to be guilty, all ministers and elders, and all Christians are exhorted to re- member, that in this matter they have to do with the great and terrible God, whose honour is to be preferred, and whose wrath is to be feared before all other considerations whatsoever: And 'tis overtured. That whatever minister or member of kirk-session bc found faulty in neglecting to pursue the foresaid scandal in their stations, the said minister or member of kirk-session bc complained of, and censured by the presbytery for the first fault. f PROFANENESS; 259 ind that the censure be recorded ; and that the second negligence be delated to, and censured by the synod; and that for the third neglect, they be censured by the synod with suspension, to be recorded in the synod-register; and this overture is turned into an Act i/i/ra Ass. 1699. And 'tis recommended to each minister or kirk-session, who shall find cause to complain of a magistrate for negligence in executing the said laws, or for refusing de- putation and commission to such persons as arc duly elected and presented to them from parishes where there is no ordinary magistrate residing conform to act of parliament 1696, 3 1 . That they acquaint their presbyteries therewith, and that the said pres- bytery having used all previous means in dealing with the con- sciences of the said magistrates, without any good effect, do, with the kirk-agent, thereafter pursue the said negligent or re- fractory magistrate before the Lords of Council and Session, ac- cording to the foresaid acts of parliament, and tliat this act be read in all churches within this kingdom twice a-year from the pulpit, viz, upon the first Sabbaths after Whitsunday and IMartia- mas yearly. — y^ct 11. Jss. 1697. III. Some overtures against profaneness transmitted by Act 1 5. Ass. 169S, are thus approven, 1. All ministers are beseeched, i_ exhorted, and required in the awe and dread of God, by the coming of our Lord Jesus Clirist, and our gathering together unto him, that they take heed to themselves, and to their doctrine, and endeavour to be examples to the people in all piety, purity, and holiness, in all manner of conversation 2. That they be y frequent and fervent in secret prayer for themselves and the people committed to them, joining sometimes fasting with prayer: And 'tis recommended to ministers and elders in their several parishes, and ministers in their several presbyteries, to meet some- times together in their parishes and presbyteries t^espcctive, for private fasting and prayer, and conference anent the state of the church, and tlut part of it in which they have special interest. 260 tROFANENESS, \vitli respect to the growth or decay of godliness, and success of tlie gospel therein. 3. That presbyteries be more accurate in managing their privy censures, and that a day be set apart for that purpose only, and spent in prayer and fasting together. 4. That presbyteries be very cautious in admitting intrants to the ministry, and be accurate and exact in the trial, not only of their -4- literature, but of their piety, prudence, and former godly con- versation and walk. 5. That ministers be painful in catechising, •|n frequent in visiting families, and in private personal conference with those of their cliarge, about the state of their souls, and that ministers be more frequent in the administration of the Lord's supper, and always edifying in their converse and dis- course, and that they deal with heads of families to engage them to piety, and a care to reform* their families, and to set up and keep up the worship of God therein, and in particular, that ministers endeavour by all prudent and gaining gospel methods, to engage persons of honour and power to fall in love with holi- ness, and to reckon it, as indeed it is, their greatest honour', and that in dealing with such of them as are vicious, an humble, and yet holy boldness and zeal be used in admonishing them, in order to their recovery j and that herein presbyteries appoint some others of their number to concur with the minister of the place as may be most for edification. G. 'Tis recommended. That kirk sessions and presbyteries be vigorous, impartial, and yet prudent, in the exercise of church-discipline, against all immor- ality, especially drunkenness and filthiness, cursing and swearing, and profaning the Lord's day, which too much abound ; and that they apply to magistrates for executing the good laws against immorality and profanencss. 7. 'Tis recommended to all mini- sters, where the people sit too long in taverns, especially on tiie Saturday's night, through v/hich some neglect the public worship of the Lord's day in the forenoon, and others attend the worship drowsily, that they represent to the people, botli publicly and frROFANENESS. 2G1 privately, the sin and evil thereof, and call them to redeem thr.t time which they have free from business, and to employ it for converse with God about their soul's state, and in preparation for the Sabbath, which will yield more delight than all sensual pleasures can do; and all magistrates of burghs are exhorted to be assistant to ministers in enquiring into, and reforming such abuses. And sicklike, the foresaid Act 8. Ass. 1697, against profaneness is revived ; and the overtures therein contained anent censuring such ministers and mernbcrs of session, as arc negligent in pursuing scandals, is approven; and the punctual observation of the said acts and overtures, and obedience thereto, by all pres- byteries, ministers, elders, and sessions, as they are concerned in their several stations, is recommended and enacted. — Act 1. Ass. 1699. IV. 'Tis recommended to the commission, to appoint some of their number, with the clerk, to draw up an abstract of all the acts of asemblies against profaneness and immorality, both before and since the late revolution, which being revised by tlie commission, may be by them ordered to be printed, together with the abstract of the acts of parliament against profaneness, in a small volume j and each presbytery is enjoined twice a-year at least, at diets appointed in hunc effectumy to read these, and "^ to enquire at each minister what is done by them for execution thereof-, and every synod is ordained to take a strict account of the diligence and faithfulness of presbyteries therein: And 'tis -f recommended to all presbyteries to think seriously what may be further needful for restraining of wickedness, and advancing of' piety and the kingdom of Christ in the nation, and to send In their opinions concerning the same, to the Immediate subsequent assembly, who might take these into their serious consideration, and make this their chief and first work. — Act 11. Ass. 1704. V. All magistrate?, ministers, and elders are seriously exhorted in their respective capacities; to hold hand to the execution of 262 PROFANENES?. the laws against profaneness, according to the Act 11. Ass 1697, " (a) and Act 7. Ass. 1699, (b) made against profaneness; and particularly, 'tis recommended to ministers and kirk-sessions, to apply to the civil magistrate in that matter, as the law allows and recj«ires; and upon the inferior magistrate's neglect or refusal to put the laws against profaneness in execution, that the kirk- session, with concurrence of the presbytery, corr plain to the go- vernment for redress, according to law : And lastly, 'tis recom- mended to presbyteries, to enquire diligently at their privy cen- J sures and parochial visitations, how ministers and kirk-sessions have obeyed this recommendation. — j^ct 15. y^ss. 1706. VI. Oucen Anne's proclamation against profaneness dated Aug. 18. 1708, with the abbreviate of the laws subjoined thereto; as also, the Act IS. Ass. 1694, (c) Act 11. Ass. 1697, (d) Act 7. Ass. 1699, C^^ and Act 7. Ass. 1697, (/) are appointed to be reprinted in a small volume, and a copy thereof sent to every parish and kirk-sessioft, presbytery and synod in Scotland; and the said proclamation and abbreviate are appointed to be read from the pulpits of all the churches in Scotland, on a certain day mentioned in the act, and thereafter as often, and at such times ^ as the several synods and presbyteries shall judge it needful and P convenient; and synods and presbyteries arc ordained to record their diligence In this matter in their books. — ^ct 5. ^ss. 1714. VII. King George I.'s proclamation against profaneness, as also the abbreviate of the laws against immorality are appointed to be read in all the churches on a certain day; and Act 5. Ass. 1714, immediately above written; as also Act 11. Ass. 1714. (g) are renewed. — Jet 13. Jss. 1715. (a) Supra, 2. (i) Supra, 3. (c) Supra, i. (d) Supra, 2i {e) Supra, 3. (/J Worship Secret, 4. {^J Papists, 15. fROFANENESS, 263 VIII. Slackness and partiality in the exercise of discipline, and imtenderness in the walk and conversation of the office-bearers of the church, being considered as contributing to the increase of vice and immorality, neglect of the ordinances of religion, and profanation of the Lord's day, therefore ministers are exhorted and required to take heed to themselves and to their doctrine, and to be exemplary to their people m sobriety, righteousness and holiness, abstaining from all appearance of evil : And in like manner, elders and deacons are exhorted and required to be faith- ful in the discharge of their respective offices, tender and cir- cumspect in their walk, and punctual in their attending upon ordinances, and strict in their observation of the Lord's day, and in regularly keeping up the worship of God in their families: And 'tis appointed, That the judicatories of the church take good heed, that none be admitted to, or continued in these offices, but such as are found qualified, and behave themselves as above required; and kirk-sessions, presbyteries, and synods are ap- pointed strictly and impartially, to observe this and former acts of assembly, relative to office-bearers in the church; and presby- teries are appointed at their privy censures, to enquire into the behaviour of their members, and of all the elders and deacons in their bounds, with respect to the premisses; and synods are ap- pointed to enquire into the conduct of presbyteries , and both are required to record their diligence herein, that the same may be reported to the general assembly by the visitors of synod-books. -^Act 9. Ass. 1722. IX. Appointed, That the abbreviate cf the laws and acts of parliament against profaneness be reprinted, and copies thereof sent to ministers to be read from the pulpits of their respective churches. — Act 9. Ass. 1746. X. Act 13. Ass. 1694- (a) revived: And further ap- (a) Supra, j. 5C|. PROFESSORS OF TllEOLOGT. pointed, That the abstract of the laws against profaneness and immoraUty be reprinted, and that all kirk-sessions provide them- selves with copies thereof, and have meetings to consider the most proper methods for obtaining the execution of these laws; and that ministers frequently in their sermons persuade and direct Christians in general to contribute their endeavours, and take the best methods to strengthen one another's hands in this important work; and that presbyteries and synods enquire (at their diet for privy censures) into the diligence of ministers and sessions in this matter. — Act 13. Jss. 1746. PROFESSORS OF THEOLOGY*. I. If professors of theology in universities be ministers, they may be chosen commissioners to general assemblies, either by the presbytery as ministers, or by the university as professors of di- vinity.— Jet Sess. 3. Jug. 4. Jss. 1643. II. That provincials diligently consider and try, who within their bounds most probably may fit for a profession in the schools, and report their names to the general assembly, that such may be stirred up and encouraged by the general assembly, to com- pose and frame their studies, that they may be fitted for such places. — Jet. Sess. ult. Feb. 13. Jss. 1645. III. For keeping the universities pure, and provoking the professors of divinity to greater diligence, they are desired to present to the next assembly their dictates of divinity, and the professors present to give intimation to the professors absent; but the determination of an overture proposing it as a constant and perpetual order, that each professor in the universities within this church and kingdom, bring with them, or send with the * See OM Ministers. Transportations, 1.^3. Students of Theology, 1.2. Schools, 4. Doctrine, 4. PROPOSITIONS FOR KIRK-GOVERNMENT. 265 i^mmissloners who come to the general assembly, a perfect and well written copy of his dictates, to be revised by the general as- sembly, or such as they shall appoint for that work, ilk year, is continued till the next assembly. — Sess. ult. June 18. Ass. 16'1(). PROPOSITIONS FOR KIRK-GOVERNMENT*. The following eight general heads of doctrine, contained and asserted in the hundred and eleven propositions exhibited and tendered by some brethren, who were appointed to prepare articles and propositions, for vindicating the truth against the dangerous tenets of Erastianism and Independency, falsely called liberty of conscience^ are unanimously approvcn, and agreed unto, viz. 1. That the ministry of the word, and administration of the sa- craments of the New Testament, baptism and the Lord's supper, are standing ordinances instituted by God himself, and to con- tinue in the church to the end of the world. 2. That such as administer the word and sacraments, ought to be duly called and ordained thereto. 3. That some ecclesiastical censures are pro- per and peculiar to be inliicted only upon such as bear office in the kirk; other censures are comm.on, and may be inflicted both on ministers and other members of the kirk. 4. That the cen- sure of suspension from the sacrament of the Lord's supper, in- flicted because of gross ignorance, or because of a scandalous life and conversation; as likewise, the censure of excommunication, or casting out of the kirk, flagitious or contumacious offenders, are both warranted by, and grounded upon the word of God, and are necessary (in respect of Divine institution) to be in the kirk. 5. That as the rights, power, and authority of the civil magistrate are to be maintained according to tlic word of God, * See Ordination, 2. Mm 266 PROVINCIAL ASSEMBLIES, and the confession of the faith of the reformed kirks; so It Is n« less true and certain, that the Lord Jesus Christ, the only Head and only King of the kirk, hath instituted and appointed a kirk government distinct from the civil government or magistracy. 6. That the ecclesiastical government is entrusted and commit- ted by Christ to the assemblies of the kirk, made up of mini- sters of the word and ruling elders. 7. That the lesser and in- ferior ecclesiastical assemblies ought to be subordinate and sub- ject unto the greater and superior assemblies. 8. That notwith- standing hereof, the civil magistrate may, and ought to suppress, by corporal and civil punishments, such, as by spreading error or heresy, or by fomenting schism, greatly dishonour God, dan- gerously hurt religion, and disturb the peace of the kirk ; which heads of doctrine the assembly declare they firmly believe, own, maintain, and commend unto others, as solid, true, and ortho- dox, grounded upon the word of God, and consonant to tlie judgment both of the ancient and best reformed kirks; and a more particular examination of these one hundred and eleven propositons is committed and refc;rred to the theological facul- ties in the four universities of this kingdom, and the judgment of each of these faculties, concerning the same, appointed to be reported to the next general assembly; and presbyteries are ap- pointed to send their judgment concerning the same to the next assembly; and any others that please to peruse them, are allow- ed to make known, or send their judgment concerning them to the said assembly. — Act Sess. ult, Sept. 1. Ass, 1647. PROVINCIAL ASSEMBLIES*. I. The order of provincial assemblies, as then given In by the most ancient of the ministry within every province, as the an- * See Synodst Presbyteries, 2, PROVINCIAL ASSEMBLIES. 26T <>'ient platform thereof, ordained to be observed, conform to the roll rcgistrated in the books of assembly. — Sess. 23. 24. Dec. 17. 18. Jss. 1638. ^rt. 11. . T/je Roll of Provincial As semhlies and Presbyteries in each Province* The Provincial Assemblies 1. Of Merse and Tiviotdale, containing the Presbyteries of "Dunsc, Chirnside, Kelso, Ersleton, Jedburgh. Melrose — Within the bounds of Merse, Tiviotdale, the Forest, Lauderdale. 2. Of Lothian^ containing the Presbyteries of "Dunbar, Haddington, Dalkeith, Edinburgh, Peebles, Linlith- gow— Bounds-East Lothian, Tweeddalc, West Lothian. S. Of Per thy containing the Presbyteries of Perth, Dunkeld, Stirling, Auchterarder, Dumblain — Bounds- Sheriffdom of Perth, Stirlingshire. 4. OfBumfricSy containing the Presbyteries of Dumfries, Penpont, Lochmaben, Middlebee — Bounds-Niths- dalc, Annandale, Ewesdale, Wauchopdale, and a part of Gal- Joway. 5. Of Gallovoay^ containing the Presbyteries of Wigton, Kirkcudbright, Stranraer — Bounds-Sheriffdom of Wig- ton, Stewardry of Kirkcudbright. 6. Of Air or Irvine^ containing the Presbyteries of Air, Irvine — Bounds-Sheriffdom of Air. 7. Of Glasgowy containing the Presbyteries of Paisley, Glasgovir, Lanerk, Dumbarton, Hamilton — Bounds* 26S PROVINCIAL ASSEMELIE?^ Shire of Lennox, Barony of Renfrew, Shire of Cllddisdafej Over and Nether. 8. Of Argyle^ containing the Presbyteries of Dunmoor, Kinloch, Sky, Inverary, Kihnoir — Bounds-Sheriff^ doms of Argyle and Bute, with a part of Lochaber. 9. Of Fife y containing the Presbyteries of St. Andrew's, Kirkaldie, Cupar, Dunfermling — Bounds-Sheriffv dom of Fife. 10. Of Angus and Mearns^ containing the Presbyteries of Aberbrothwick, Meegle, Dundee, Forfar, Brechine, Mcams— ?» Bounds-The SheriffUoms of Forfar and Mearns. 1 1 . Of Aberdeen, containing tlae Presbyteries of Aberdeen, Kincardine, Alfoord, Deer, Ellon, Gairoch, Turreff, Fordice — Bounds-The Sheriffdoms of Banff and Aberdeen* 12. Of Murray y containing the Presbyteries of Inverness, Forress, Elgin, Strathbogie, Abernethy, Aberlour— ' Bounds-Part of the Sheriffdoms of Inverness, Nairn, Murray, Banff, and Aberdeen, 13. 0/"i?orT, containing the Presbyteries of Chanowrie, Tain, Dingwall — Bound^-Iart of the Sheriffdoms of Inverness. 14. O/'CrtzV/^wjj', containing the Presbyterie? of Dornoch, Week, Thurso — Bounds-Caithness, Sutherland. 15. Of Orkney and Zetland, containing the Presbyteries of Kirkwall, Scalloway — ;^ojijnds-.The Sheriffdom of Orkney an^ Zetland. rsALMS. '269 ^ 16. 0/the Isles. All the kirks of the North-vfest Isles, viz. Sky, Lewis, and the rest of the Isles, which were liable to the diocess of the Isles, except the South-west Isles, which are joined to the presbyteries of Argyle. That such of these synodical assemblies as are nearest to others .have correspondence among themselves, by sending one or two commissioners mutually from one to another, as follows, viz. The provincials of Lothian and Merse, &c.; the provincials of Dumfries, Galloway, Glasgow, and Argyle; the provincials of Perth, Fife, and Angus, &c. ; the provincials of Aberdeen and Murray; the provincials of Ross, Caithness, and Orkney. And the commissioners for correspondence amongst tlic synods to be a minister and ruling elder. — Ibid. II. All presbyteries are discharged thereafter to make any no- mination of persons to be moderators to their provincial assem- blies ; and provincials are ordained, in their first meeting, to elect their moderators, and to make their own lists for that ef- fect, without tying themselves to these persons who have been named and designed in the particular presbyteries. — ^ct Scss. 7, jfuue 4. j^ss. 1644. III. 'Tis recommended to provincial assemblies. That there- after they cause read all their acts before the dissolving of every assembly; and that their registers be written formally, and in a good hand writing, with the several leaves and pages thereof marked by cyphers, according to their number. — /Jet Sess. 4. ^une 6. jdss. 1646. PSALMS*. I. A commission is granted to some brethren, to examine the paraphrase of the psalms sent from England; to observe what • See Bibles, § 6t Tunes Conimoo. '870 PsAtMS they think needs to be amended, and set down their own essay for correcting thereof; and for that effect, 'tis recommended to them to m.ake use of the travails of Rowallan, Mr. Zachary Boyd, or any others on that subject; but especially, our own paraphrase; and chuse what they find best in any of these works: And likewise, to make use of the animadversions sent from pres- byteries, and to report their labours to the commission of that assem.bly ; who, after revising thereof, shall send the same to pro- vincial assemblies, to be transmitted to presbyteries, that by their further consideration, the matter may be fully prepared for the next assembly; empowering them also to turn these psalms, which in the English paraphrase are turned to verses not agree- ing witli our common tunes, to verses agreeing thereto: And 'tis recommended to Mr. Zachary Boyd to translate the other scriptural songs in metre; and to report his travails also to the commission of that assembly; that after their examination thereof, they may send the same to the presbyteries, to be there con- sidered, until the next general assembly. — Sess. 25. ^ug. 28. u^ss. 1647. II. Row's paraphrase of the psalms, with the corrections there- of, given in by persons appointed by the preceding assembly for that purpose, sent to presbyteries to be revised and sent, with their corrections, to the commission, who are to re-examine the animadversions of presbyteries, and prepare a report to the next assembly: And two brethren appointed to revise Mr. Zachary Boyd's labours upon the other scripture songs, and to report to the commission; who, after examination, are to report to the next assembly. — j^ct Sess. 38. ^.vr- 10. Jss. IGiS. III. Some ministers are appointed to correct and examine the new paraphrase of the psalms in metre, with the corrections and animadversions thereupon, sent from several persons and presby- teries; and to report to the commission, who, after perusal and re-examination thereof, arc authorised with full power to establisjj tSALMS. 271 the paraphrase, and to publish and emit the same for public use. Act Sess. ult. Aug. 6. Ass. 1649. IV. 'TIs recommended to all congregations and families who worship God in the Irish language, to make use therein of the paraphrase of the psalms in Irish metre, approven and emitted by the synod of Argyle, conform to the act of the general assem- bly 1690 {^y^ and that where preaching and prayer are used in Irish, the singing of psalms, at the same diet, in a different- language be foreborn thereafter, as an incongruous way of wor- shipping God; as also, to make use of the translation of the shorter catechism of this church in Irish, bound with the said psalms in one volume, as an uniform mean of catechising the people, -^ci 20. Ass. 1694. V. 'Tis recommended to private families. That In their religious exercises, in singing the praises of God, they go on without the intermission of reading each line: And 'tis recommended to the schoohiiasters in the several parishes that they be careful to in- struct the youth in singing the common tunes. — Act 8. Ass. 1746. PUBLIC ENEMIES. I. 'TIs appointed, That such as, after lawful trial, shall be found to have been in actual rebellion, and to have carried charge with the rebels, to have accepted commissions for raising horse or foot to them, or have otherwise assisted them in manner men- tioned in the act; shall humbly acknowledge their offence upon their knees, first before the presbytery, and thereafter before the congregation, upon a Sabbath, in some place before the pulpit; and, in the meantime, be suspended from the Lord's supper: And in case they do not satisfy in manner foresaid, That they be (a) Bibles. 272^ PUBLIC ENEMIES. PUBLIC MONEY. processed with excommunication : And such as have been guil* tv of any of the gross degrees of compliance expressed in the act, shall acknowledge "heir offence publicly before the congre- gation, and be suspended from the communion, aye and while they do the same; and that all persons in any ecclesiastical office, guilty of any of these degrees of compliance, be suspended from the office, and all exercise thereof, for such time as the quality of the offi^nce, and the condition of the offenders shall be found to deserve : And presbyteries are declared to have a latitude and liberty to aggrege the censures above specified, according to the degrees and circumstances of the offences: And the same latitude and liberty is given to the commissioners of the assem- bly for public affiiirs; who have also power to try and censure the offenders in manner above expressed, and to take account of the diligence of presbyteries therein. — Act Sess. 14. June 17, ylss. 1646. II. That no person guilty of compliance, in the first class- mentioned in the above act, be received into any ecclesiastical charge, until the evidence of his repentance, before the presby- tery and congregation, be reported to the synod to which he be- longs, and to the general assembly, and their consent obtained to his bearing office; and that any such person already received into the eldership of any particular congregation, be not admit- ted to be a member of any presbytery, synod, or general assem- bly, until (upon evidence of his repentance) the consent and ap- probation of these judicatories respective be obtained. — Act Sess, 27. Aug. ult. Ass. 1647. PUBLIC MONEY*. I. 'Tis recommended to his Majesty's commissioner to request • ■■-» ' ■•- ., , . . -r f SceKortb, 12. 15. Probationers, (>. fUDLIC MONET. f 73 Ms Majesty, that he would command that the signature of L.500 sterl. yearly, dedicated and gifted by him, to be bestowed on public, necessary, and pious uses of the kirk, at the sight of the general assembly, might be sent to this kingdom, and delivered to the commissioners of this assembly, or the procurator for the kirk.— y/r/ Sess. 11. u^ug. 5. Jss. 1642. II. 'Tis enacted, 1. That of her Majesty's yearly allowance for defraying the public charges of the church's aftairs, and pay- ing the salaries of the church's public servants, there be always the sum of X.. 100 sterl. in reserve, for answering any extraor- dinary emergents in the church's afl'airs. 2. That no commis- sion of any assembly, in time coming, shall have power, and they are discharged to dispose of any more of the church's money, but of one year's allowance only, reckoning the commencement of the year from the 2kh of June in the year preceding. 3. That each year's allowance be applied, in the first place, for defraying (he stated annual charges of the church quarterly, and the neces- sary exigents of every particular year; that is in such matters only, as during that time shall occur, which do immediately and directly concern the public interest of the whole church in ge- neral and any arrears of these that shall happen to be resting; and in the next place, for payment of the bygone debts of the church then resting : And the assembly discharges any new orders to be given, or precepts to be drawn upon any other ac- counts, until all the church's debts be paid; but after payment of all prior debts, that which remains of each year's allowance, may be bestowed to such other uses of the church, as shall be judged most proper. 4. 'Tis declared. That no appointments on the procurator or agents for the church, to manage processes for particular synods, pi-csbyteries, or ministers, shall, in time com- ing, warrant the agents to lay out any money therein, except there be a special order of assembly, agreeable to the present rules, expressly appointing them to that effect. 5. L, 12 10s. Nn 2T4> PUBLIC MONtr. quarterly, as the money comes in, is appointed to be lodged in the hands of one of the agents for the church, for defraying the said incident charges, for which they are to make an account at each assembly; and if any balance shall be found due to them, the same shall be paid to them, and the sum of L. 12 10s. fur- ther: Or if the balance that shall be found due by them shall not extend to that sum, the said sum shall be made up to them out of the first money that comes in after clearing their accounts. And lastly, the receiver of the church's money, in debursing thereof, is appointed strictly to observe the foresaij ndes; and he is discharged to make payments in any other manner or or- der, as he will be answerable to the assembly. — Act 7. Ass. 1712. III. The assembly discharges the applymg of any of the church's public money, toward the payment of the expences of processes for stipends, except in parishes where Popery abounds, or such as shall be recommended, both by the presbytery and synod to wdiich the parish belongs, and the case be laid before the assem- bly, and their particular order given for that effect before the commencement of the process : And 'tis resolved and declared. That for thereafter no new warrants or orders shall be granted for payment of any money to any person whatsoever, except to preachers sent to supply the North for their allowances. And the assembly discharges the clerk of assembly or sub-clerk to write out, or the moderator of that, or subsequent assemblies to' subscribe any orders or warrants, for payment of any new grants out of the church's yearly allowance, until all former debts al- ready contracted be first paid. And they resolve and declare, ihat at no tinie thereafter any warrants for money shall b^ granted, until it be known, there is as much in the hands of the receiver of the church's money, as will be sufiicient to answer the same. And they appoint the above Act 7. Ass. 1712, to be punctually observed; and appoint the procurator for the church, PUBLIC MONEY. S75 when any demands for money come before the assembly or com- mission, to acquaint them with the state of their funds, and to read the foresaid Act 7. Ass. 1712, and this present act to them. And the cmmittce chosen by each assembly for auditing and revising the churcli's pubUc accounts, are discharged to propose either the giving of money, or precepts for money, exceeding tliat part of the year's allowance belonging to that assembly which is free and unappropriated •, and they are appointed to bring their report first to the committee for overtures, before it be brought into the assembly : And they are also appointed to cause this present act, and any new regulations that shall be made about money, to be read to them yearly; and to reject all petitions and demands not in the terms thereof; and to report an account of any breaches that shall be made therein to the assembly. — Act 8. udss. 1719. IV. Appointed, That not only no more orders upon the church's public money shall be granted by general assemblies and commis- sions, until all the claims already stated be first paid; but also, seeing that now the vacancies in the North, the Highlands, and Islands are for the most part planted, and that when any vacancies in these places shall happen, it will be more easy to get the same planted than formerly it was; therefore Art. 5. Act 8. Ass. 1698, {a) Art. 6. Act 11. Ass. 1699, (/;) and Act 5. Ass. 1715, {c) are repealed and rescinded. — Act 8. Ass. 1723. V. Act 7. Ass. 1712, {d) and Act 8. Ass 1719, {e) are ordered to be reprinted by Act 5. Ass. 1761. VI. 'Tis ordered, That all applications for a share of tlie public money in time coming,shall be transmitted to the agent for the church with the grounds of the claims, on or before the 1st of ^aj North, 12. fl'Jlhid. 1^. (^r^ Probationers; (5. (ilj Su^vdi, 2. {e) Supra, 3. 276 PURGATION OATH. May yearly, that the same may be laid before the procurator^ who is appointed to give a short state of the case, and report the same, with his opinion thereon, to the next general assembly at their tliird sederunt; with the certification that all petitions or applications for money, not lodged in terms of this act, shall not be received by that assembly, but left in the agent's hands, to be considered and reported to the assembly in the year thereafter. And 'tis recommended to all presbyteries, to pay the greatest at- tention to Act 8. Ass. l7l9,Crt^ which is ordered to be reprint- ed.— Act 6. Ass. 1 7G3. PURGATION OATH. If a person, accused of being the father of a child unlawfully begotten, do offer his oath of purgation, and crave the privilege thereof, the presbytery may,if they judge it for edification and thft removing of the scandal, allow the same ; which may be to this purpose — " I, A.B. now under process before the presbytery of *' for the sin of , alleged to be committed by me with <' C. D. and lying under that grievous slander, being reputed as *' one guilty of that sin; I, for the ending of the said process, and •' giving satisfaction to all good people, do declare before God •' and this , that I am innocent and free of the said sin of *' , or having carnal knowledge of the said C. D. and here* ** by call the great Cod, the Judge and Avenger of all falshood, <* to be witness and judge against me in this matter, if I be guil- *' ty: And this I do, by taking his blessed name in my mouth, ** and swearing by Him who is the great Judge, Punisher, and ** Avenger, as said is; and that in the sincerity of my heart, ac- " cording to the truth of the matter and my own conscience, as *' I shall answer to God in the last and great day, when I shall {a^ Supra, 2, ^tJRGATlON OATH. S77 *' Stand before him, to answer for all that I do hi the ilesh j and <' as I would partake of his glory in heaven, after this life is at <* an end." — Form Proc. cap. 4. § 7. In taking this oath of purgation, all tenderness and caution is to be used, nor is the session to press any man thereto; but they are to deal with him and his conscience as in the sight of God: And if he offer to give his oath the judicatory shall accept it or not as they shall see cause; and then to proceed to remove the scandal, with the advice of the presbytery, as may be most for edification: But this oath is not to be taken in any case but this, when the presump- tions are so great, that they create such jealousy in that congre- gation and session, that nothing will remove the suspicion but the man's oath of purgation, and when his oath will probably remove the scandal and suspicion: In all other cases this oath is vain, and so should not be admitted; and never but by the ad- vice of the presbyter)'. — Ibid. § 8. This oath is to be taken cither before the kirk-session, or presbytery, or congregation, as the presbytery shall determine; and if taken before the kirk- session or presbytery it is to be Intimated in the congregation ; and the party may be obliged to be present in the congregation, and may be put publicly to own his purging himself by oath, and so be declared free from the alleged scandal. Ibid. ^ 9. ^ct 11. ^ss. 1707. Nota. These tliree paragraphs arc not enjoined as standing rules, but only recommended to be observed as the judicatures shall find to tend most to edification, (a) {a) Sec Process, 3. •7lt QUAKERS. — RATIFICATION, Q- QUAKERS. *Tis recommended to all provincial synods, presbyteries, mini- sters and kirk-sessions, to use all proper means for the reclaiming of Quakers from their abominable heresies •, and in case of their obstinacy, to proceed against them with the censures of the church ; and especially, against the ringleaders, that are traf- fickers for seducing others. — ^ct 10. Ass. 1695. R. RATIFICATION*. The King is supplicated for his civil sanction and ratification ©f the constitutions of the assembly in parliament. — Act Aug, 30. Ass. 1639. REBELS. I. Presbyteries and synods respective are ordained to proceed against the principal actors in that rebellion in the North and South Avith the highest censures of the kirk, if they give not satisfaction by public repentance; and when the sentence of ex- communication should be pronounced, the said judicatories are discharged to relax any of them from the sentence, without the advice of the general assembly or commission, nisi in extremis ; to whom also the said presbyteries and synods are appointed to be answerable for their diligence in the premisses, as they shall * See Remonstrance REBELS. — REFERES'CES. 579 be required: And 'tis recommended to the parliament to cause take such course, as the persons guilty may be excmplarily punish- ed, according to the demerit and degree of their offence — Sess. 6. J^une 3. Jss. 1644. II. 'Tis appointed, That presbyteries enquire into the behaviour of the office-bearers in the church, during the late unna<-urr.l re- bellion, and prosecute offenders; and, in case of difficulty to take the advice of the synod of the bounds, or the commission of the 2;eneral assembly: And 'tis recommended to ministers and pres- byteries, to call before them all others that may have been guilty as aforesaid, and to censure them according to the degrees of their offence, and as they judge for edification. — j^ct. 10. yJss. 174-6. REFERENCES*. I. 'Tis recommended to presbyteries and provincial assemblies, to consider all the matters referred by preceding assemblies, to the consideration of presbyteries, and to report their opinion therein to the assembly. — Scss. ult. "June 18. Ass. IG'IG. II. That presbyteries and provincial synods consider all re- ferences of this and preceding assemblies, and send in their opinion In writing to the next general assembly. — Sess. ult. Aug, 12. Ass. IGIS. III. 'Tis recommended to presbyteries and provincial assem- blies, to consider all matters referred by this, or by any former as- sembly, and send in their opinions therein in writ to the next general assembly.— 6'rjj-. ult. Aug. G. Ass. 1649. REGISTERsf. I. The registers of the general assemblies of the church of * See Appeals, 2. Overtures, 3. Asssmblies, 3. Gross Scan- dals, 2. Citation. t See Commission Book. Provincial Assemblies, 3. Synod Books, 286 REGISTERS." Scotland, beginning December, 1560, and ending in the yczt 1590, contained In five books, the first beginning at the assem- bly held 20. December, 1560, and ending at the fourth sessioa of the assembly held 28 Dec. 1566. The second beginning at the general assembly held the 2. June, 1567, and ending at the fourth session of the assembly held at Perth the 9. Aug. 1572, both subscribed by John Gray, scribe. The third, being a register of the assembly held at Edinburgh the 7. Aug. 1574, and end-? ing with the 12 session, being the last session of the assembly 1579. The fourth beginning at the assembly held at Edin- burgh 10. May, 1586, and ending 17 session of the assembly held in March, 1589. The fifth and greatest volume beginning at the assembly held anno 1560, and ending in the year 1590, are approven by the assembly, upon report of a committee ap- pointed by them for trial thereof, and the reasons of their ap- probation are set do^ni at length in yjct Sess. 6. 7. Nov. 27. 28. Jss. 16?>S. II. An old register of assembly, beginning at the assembly held at Edinburgh 6. March, 1572, and ending at the assembly likewise held at Edinburgh in 1573, is approven, and ordained, to make fuith as an authentic register of the kirk of Scotland, upon the testimony of a committee appointed for the revising thereof, which is subjoined to the yJct Sess. 18. ^iug. 26. jIss. 1639. III. All provincial s)'Tiods and presb)'teries are required to be careful in revising the registers of the judicatures under their immediate Inspection, and that they appoint a competent num- ber of the most fit and experienced ministers for that work, and i^'hen they find nothing to challenge In any register, they gi\'e the same the attestation following: "The provincial synod of " , having heard the report of those appointed to revise ** the presbytery-book of , and having heard the remarks •* thereupon, and tlxe said presbytery's answers thereto: And it; ^ having been enquired by the moderatorj if any ot'ier had any «* complaints to make against the actings of that presbytery, and " nothing appearing censurable, ordered the clerk to attest rhis " in their presbytery-book." And so for the registers of the provincial synods and kirk-sessions mutatis mutandli ,■ but if there be any thing truly censurable in the said book, and in itself material, with respect to discipline, that it be recorded as censured, both in the synod-book, and attestation. — Act 9. As. 1700. IV. 'Tis enacted and appointed. That there be two authentic copies of the registers of the general assemblies, committees, and commissions thereof, both subscribed by the moderator and clerk, one copy whereof to lie in the clerk's custody, and the other copy to be sealed and laid in some secure place in the new church, of Edinburgh, or where tlie general assembly or commission shall appoint ; As also, That a subscribed extract of the proceedings of each general assembly be sent, a little after the rising thereof, to the several synods within this church, to be by them recorded in a book, and all this to be done upon the public charges of the church; and 'tis recommended to such persons as have any of the old registers, or papers belonging to the general assembly, commissions, or committees thereof, in their custody, to deliver up the same to the clerk of the general assembly, to be by him kept for the public use of the church, and that ministers and presbjrteries be at pains in dealing with persons for that effect; and 'tis recommended to the commission to gratify these, who shall bring to their clerk any of their papers or registers foresaid, as they shall find such persons deserve. — Act 11. Ass. 1703. V. The foresaid recommendation anent the registers of the church is renewed, and the commission impowered to do accord- ing thereto. — Act 27. Ass. 1704. VI. 'Tis recommended to all the judicatures of this church, to take special care that their registers be correctly written, and that they allow no blottings nor interliningsj and if any thing 0 o 282 REGISTERS OF THE DEAD. shall happen to be blotted out, as superfluous, that it be marked on the margin, how many words or lines are blotted out, and that it was done by the authority of the judicatory, and that it be subscribed by the mocleraior and clerk j and if any thing be omitted, that it be written upon the margin, and subscribed by the clerk of the judicatory. — ^ct 9. y^ss. 1706. VII. 'Tis appointed, That a copy of the proceedings of every assembly be sent to the library of each of the universities in Scotland, to be lodged there, and kept for the use of the church and judicatories thereof, and that the faculties of the several universi- ties, upon receipt of these copies, send in to the commission of each general assembly, an extract of the act of their faculty under their clerk's hand, acknowledging the receipt of the said copies^ and that they are lodged in their libraries only in trust> for the use and behoof of the church, and obliging them to make them forthcoming to any of the judicatories of the church that calls for them upon their receipt and obligement to return the same; and the Act 11. Ass- 1703, (r) appointing copies to be sent to each synod is repealed; but the clerk of the assembly is allowed to give copies to such of the judicatories of this chvu-ch as shall call for them, upon their own expences. — A'ct 14. ^sj. 1712. REGISTERS OF THE DEAD. Tis recommended to, and kirk-sessions ai-e appointed to have a register, in which they shall record the names of every person dying within their respective parishes, and interred in their ordi- nary burying places, and the times of their death. — yict 12. Ass» 174-6. RELAPSE IN SCANDALS*. A person relapsing in scandals should be called before tht * See Remedies Ecclesiastic agaiast Profaneness, 5» f^J Supra, 4. RELAPSE IN SCANDALS. — REMEDIES OF SINS. 28.*^ session, and if found guilty, be there judicially rebuked, and the session on promise, from a due sense of sin, to amend, may sist tliore. Form Proc. cap 3. § 3. But if the person amend not afier that, the session should orderly proceed, unless repentance appear, and due satisfaction be offered, until they inflict the lesser excommunication, and suspension from sealing ordinances, under which, the censured is to lie until amendment and reformation. — Ihid^ 4. Act 11. Ass. 1707. REMEDIES OF CORRUPTIONS AND ENORMITIES*. Remedies Civil of Sins. That every congregation make use of the 9 act of parliament 164-5, at Perth, for having magistrates and justices in every congregation, and of the 8 act of said par- liament, against swearing, drinking, mocking of piety, and all other acts of parliament for restraining or punishing of vice, par- ticularly, for the better restraining the sin of whoredom, that each magistrate in every congregation exact, and make count to ^he session of forty pounds for each fornicator and fornicatrix, of 100 merks for each one of their relapses in fornication, of L. 100 for each adulterer and adultress, according to the express acts of parliament, which is to be exacted of those that may pay it; and the discretion of the magistrate is to modify it, according to the ability or inability of eacli delinquent. Remedies Domestic. 1 . That care be taken of the conscionablc receiving of servants, that they have testimonials of their honest behaviour; and that all such as give testimonials, take heed that those, to whom they give them, be free of scolding, swearing, lying, or such like more common sins, as well as fornication, adultery, drunkenness, and other gross and heinous evils; thai die ordinary time of giving testimonials be in the face of the .S:c Ministers, i. 2. 284 REMEDIES OF SINS. session; and if any extraordinary exigent be, that It be given by tHe minister, with consent of the elder of the bounds wherein the person craving the testimonial hath resided; and if they have fallen or relapsed irtc scandalous sins, that their testimonial bear both their fall and their repentance. 2. That care be taken that the worsliip of God be practised, and discipline exercised in families, according to the directory for family worship in all things, as Was appointed in the generjl assembly 1647; especially in the master's constant catecbisingof the fa:inly,and in the performance of rhe duties of the Sabbath by all the members thereof. 3. That persons to be married, and who Lave children to be baptised, who are very rude and ignorant, be stirred up and exhorted as at all times, so especially at that time, to obtain some measure of Christian knowledge in the grounds of religion, that they may give to the minister, bt;iore the elder of the bounds, an account of their knowledge, that so they may the better teach their family, and train up their .children. 4. That every family til at hath any in it that can read, have a bible and psalm-book, and make use of them; and where none can read, that they be siii red up to train up their children in reading, and use any other good remedy the minister and session can fall on. Remedks General Eccle.tiastic. 1. That the remedies which were given at Perth 1645, and are mentioned in Sess. 10. June 13. Ass. 1646, [a) anent the sins of ministers, be put in execu- tion. 2. That suspension from the Lord's table be more care- fully executed. 3. That persons relapse in adultery (or above), quadrilapse in fornication (or above), or often guilty of other gross scandals, be excommunicated somewhat more summarily than in an ordinary process, (except there be more than ordi- nary signs, and an eminent measure of repentance made known (a) Ministers, REMEDIES OF SINS. 285 (o the session and presbytery) both for the heinousness of the sins and continuance therein, and for terror to others, and these not to be relaxed from the sentence of excommunication, with- out evidence and undeniable signs of repentance. 4.' That im- partial proceeding be used against men of all qualities for their scandalous walking, and in particular for drunkenness, swearing, and other scandalous sins 5 and this to be tried at the visitations of kirks. Remedies Particular Kecks 'astic. 1. That ministers cate- chise one day every week, wherein also they may baptise ajid lecture, or preach ; and that they preach every Lord's day, both before and after noon, according to the former acts of general assemblies; that presbyteries and synods be very careful of this, and that every provincial book contain an exact account there- of. 2. That ministers examine all of eyery quality, of whose knowledge they have no certain notice. 3. That young persons be catechised by the minister, from the time they are capable of instruction, and that this be not delayed till they be of age to communicate. 4. That persons grossly ignorant be debarred from the communion; that for the first and second time they be debarred, suppressing their names; for the third time, expres- sing their names; for the fourth time, that they be brought to public repentance : All which is to be understood of them that prolit nothing, and labour not for knowledge ; but if they be profiting in any measure, or labouring that they may profit, their case is very considerable; they ought to have more forbearance. Remedies Kcclaiastic against Profaneness. 1. That ignorant and scandalous persons be put off, and kept off kirk-sessions. 2. That every elder have a certain bounds assigned to him, that he may visit the same every month at least, and report to the session what scandals and abuses are therein. 3. That all scandal- ous persons be suspended from the Lord's supper. 4. That the minister deal in private with those ^vho are professing public re- 280 REMEDIES OF SIK*^ pentr.nce before the elder of the bounds, thus to try the evidence of thoir repentance. 5. That those who have fallen in fornica- tion make public profession of their repentance three several Sabbaths; who arc guilty of relapse in fornication six Sabbrrhs; who are guilty of trllapsc in fornication, or have once fallen in adultery, twenty-six Sabbaths; and these sins to be confessed both in one habit, viz. saciccioth : Quadrilapse in fornication, and relapse in adultery, three quarters of a year; incest or murder, a year or fifty-two Sabbaths, in case the magistrate do not his doty in punishing such crimes capitally : They that fall in forni- cation, or relapse therein, are first to confess their sin before the session, and thereafter before the congregation. They that are guilty of greater dsgrces of that siuj and of the other sins men- tioned in this article, are to confess their sin both before the session and presbytery^ there to shew some signs of repentance before they be brought to the congregation. 6. Some are to be rebuked at the time of catechising who deserve more than a private reproof, and yet need not to be brougl-'t to public re- pentance. 7. It will be a good remedy against Sabbath-breaking by carriers and travellers, that the ministers where they dwell cause them to bring testimonials from the place where they rest- ed on these Lord's days wherein they were from home. 8. That all persons who flit from one parish to another have sufficient testimonials : This is to be extended to all gentlenicn and per- sons of qui.Uty, and their followers, who com<; to reside in Edin- burgh or elsewhere; and th?t the minister from wl.cm they flit advertise the minister to whom they fiit, if, to i.is knowledge, tbey be lying under any scandal. 9. That ministers be free with persons of quality, for amendment of their faults; and (if need shnll be) that they take help thereto of some of the presbyteiT. 10. That presb)teries take special notice of ministers who converse frequently and familiarly with ma- llgnants, and with scandalous and profane persons; especially ^ Remonstrance. 287 such as belong to other parbhes. 1 1 . That privy censures of presbyteries and synods be performed with more accuracy, dili- gence, and zeal. 12. For the better keeping of the Sabbath, That every elder take notice of such as are within his bounds, how they keep the kirk ; and how the time is spent before, be- twixt, and after public worship. 13. That no minister resort to any excommunicated person, without license from the pres- bytery, nisi in extremis ; and that ministers take special notice of such persons as haunt with excommunicants, and process them. H. Frequent correspondence betwixt presbyteries is a good remedy. 15. That at the visitation of each congregation, the session-book be well visited; and, for that eiFc£l, that it be deUvered to two or three brethren seven or eight days before the visitation, that their report of it may be in readiness against the day of visitation. — Act Sess. 38. Au^. 10. Ass. 1648. REMONSTRANCE. Remonstrance of the general assembly 164'5 to King Charles I. publicly professing their loyalty and faithful subjection; and in testimony of the tenderness and uprightness of their affection to his Majesty's true happiness, humbly and faithfully representing to him his great and growing dangers from the displeasure of his provoked people, and most of all, from the guilt which cleaveth fast to his throne; particularly, the several sins mentioned in the remonstrance, and which would involve him and his posterity under the wrath of the ever living God, if not timously repented of; and therefore exhorting him to serious repentance; shew- ing him, that what they had concluded concerning uniformity in religion between both kingdoms was to be humbly offered to him from the commissioners of this kingdom, for his royal assent and ratification; declaring tlK;ir dutiful procedure in that assem- bly, as if his Majesty had vouchsafed them his own or the pre- sence of his commissi wicr; and praying, that Cod would graci^ 2^8 REMOVING. — REPONING. — REPRESENTATION. ously incline his heart to counsels of peace and truth, and grant him a long and happy reign. — Sess. uit. Feb. 13. Ass, 1645. REMOVING OUT OF THIS CHURCH. That no ministers who have actual standing, and absolute re- lation to any charge in the church of Scotland, remove out of the kingdom, without the consent of the respective judicatories of this church. — Act 9. Ass. 1690. REPONING OR RESTORING TO PRIVILEGES. T. Mr. Thomas Linning, Mr. Alexander Sheils, and Mr. Wil- liam Boyd, who have followed some courses contrary to the order •■ of this church, having given in two papers, the one containing expressions of their purpose and promise of being subject to the authority of this church, and the other for exoneration of their consciences-, after a grave admonition by the moderator to walk orderly in time coming, in opposition to all schism and division, were unanimously received into the fellowship of the church to enjoy the privileges, and to perform the duties therein, whereof they are, or shall be found capable. — Act 5. Ass. 1 690. II. The sentence of deposition passed upon Mr. Robert Dalrymple is taken off, and he is reponed to the office of mini- ster of the gospel. — Act 9. Ass, 1776. REPRESENTATIONS. The representations made by the commission of assembly 1711, to Queen Anne, against the act of toleration and patronage- act, are approven as most faithful and seasonable; and the said representations are, by order of the assembly, verbatim inserted ; and the commission is impowered to advert carefully to the con- cerns of the church in the above particulars, and are ordained to use all dutiful and proper means for obtaining redress of what is. Or may be found therein grievous, and to lay hold on every fit occasion for that efFect.~.<^c/ 18. A^s, 1712. RESIDENCE OF MINISTERS, — ROLLS. 289 RESIDENCE OF MINISTERS*. That every minister be obliged to reside in his own parish at his ordinary manse, for the better attending of the duties of his calUng, conform to the acts of assembhes, viz. at Edinburgh, March 24-. 1595. Sess. 7. Dec. 25. 1563. Sess. 5. Dec. 25. 1565. Sess. 4. and March 6. 1572. Sess. 3. This is to be found in Act Sess. 23. 24. Dec. 17. 18. ^ss. 1638. § 5. ROLLSf. The several synods are appointed to make up a roll of all matters that have been, or shall be recommended by assemblies to be enquired at presbyteries ; and the said roll is ordered to be in- serted in their register, and given in to the visiters of presbytery- books ; and the visiters are ordered to take notice of, and re- port the diligence of presbyteries in executing the acts and recom- mendations of assembly: And 'tis agreed, That the assembly shall make up a roll of all matters appointed to be enquired at synods •, and every new act and recommendation, as soon as they are made, are ordained to be added to the said rolls, that the as- sembly may know how their acts and recommendations are ob- served by the several synods and presbyteries, {a) — Act 11. Ass. 1712. RULING elders:}:. I. 'TIs enjoined on presbyteries to have a strict regard to what is required with respect to the duties and qualifications of elders by Act 9. Ass. 1722, (h) especially in chusing elders to repre- * See Ministers Corruption in Person, § 4. "j* See Commissioners, 5. Synod-Books, 5. X See Commissions of Assemblies. Burghs. (a) See the first part of this Act in Lurd'a Supper; 7. {b) Profaneness, 8. ^90 RULING ELDERS. ^RONNING OF ©OOps. sent them in general assem^blies, and attesting the commissions of such as are chosen either by themselves, by universities, or by royal burghs. — Act 7. Jlss. 1727. II. 'Tis enjoined on presbyteries to be careful that all to bc jchosen el4ers of this church, be qualified according to the actp pf assembly; and particularly that they attest none as membei^ of assembly, but such as are qualified; not only by subscribing the formula prescribed, but likewise according to all the other qualifications required by former acts of assembly. — Act 8. Ass, 1737. III. 'Tis enacted, 1. That no person be ordained an elder of this church, before he is twenty-one years of age complete. ?. That all presbytery-elders be elected within two months after the ^tting of the synod of that bounds ; and in case of death or d&- mission, That a new election be made within one month of the same. 3. That every elder so chosen produce an extract of his election under the hand of the session-clerk before he be received after taking pains on them for some competent time, for their instruction and conviction, they still remain grossly ignorant, insensible, and um-eformed ; that the minister and elders advise with the presbytery of the bounds ; and if the presbytery shall see cause, that then the sentence of lesser excommunication be publicly pronounced against them in the face of the cougre- SCANDALOUS BEHAVIOUR. 299 gatlon; from which they are not to be relaxed, nor admitted to make public profession of their repentance in order thereto, till the session be satisfied with their knowledge, seriousness, and re- formation. And lastly, the names of such as are under the cen- sure of the lesser excommunication are ordained to be publicly read out the Lord's day immediately preceding that, upon which the sacrament of the Lord s supper is to be administered. — Act 4. Ass. 1705. SCANDALOUS BEHAVIOUR. Scandalous behaviour may be so lascivious and obscene, and clothed with such circumstances, as may be as offensive as the act of uncleanness itself, and as censurable. — Form Proc. cap. 4. § 3. Act 11. Ass. 1707. SCHISM*. I. All presbyteries and synods are enjoined to censure all such persons who, within their bounds, carry on divisive courses, and that they vigorously use all suitable means for reclaiming misled people, and for the preventing the growth of schism; and that the commission of the general assembly give their assistance in this good work to the several judicatures, as need shall require; and 'tis referred to the commission to cognosce in the complaints made against Mr. John M'Millan and Mr. John Hepburn, for their divisive courses, or to send a committee to the bounds of Dumfries and Galloway for both these affairs, and visiting these bounds; which committee shall concur with the respective judi- catories there, in cognoscing any schism or immorality that may have fallen out, and of error and insufficiency in any that may be delated on that account. — Act 18. Ass. 1704. II. All presbyteries and synods are strictly enjoined to take particular notice of their members, ministers, preachers, or others; * See Impietv. Gross Scandals. Excommunication Greater. 9§i SCHISMATICS. and If they find them fall into irregularities, or schismatical courses, that they call them to an account, and censure them ac- cording to the demerit of their fault, even to deposition of mini- sters and elders, and to apply to the commission for their advice, and report their diligence to the next assembly. This act con- tains a particular reference to the commission, of the disorders and schismatical courses of Mr James Farquhar, minister at Tjr'it^ and Mr John M Neil, probationer. — Jet 6. Ass. 1708. SCHISMATICS. I. The disobedience of Messrs. James Wardlaw, Ralph Erskine, John Gibb, Daniel Hunter, John Geddes, aihd Thomas Mair, mi- nisters in the presbytery of Dunfermline, to Act May 1 2. Ass. 1732, and several acts of the commission, appointing the said presbytery to enrol Mr. Robert Stark, minister of Kinross, as a member thereof, and their conduct and behaviour before the as-' sembly, are judged contrary to, and inconsistent with the subor- dination of judicatures established in the church, and the duty to the said judicatures, which they at their ordination engaged to perform; and therefore deserving the highest censures; yet they are only appointed to be sharply rebuked, and commanded to own Mr. Stark as minister of Kinross, to encourage and strengthen him in his work, and to discourage all separation from, and non-subjection to his ministry : And they are inhibited and discharged from admitting any of the parish of Kinross to sealing ordinances, without the consent of Mr. Stark, according to the act of assembly I6i5:{a) And the members of the presbytery of Dun- fermling are discharged fiom offering, admitting, or receiving anjr protest or dissent dgainst Mr Stark's sitting and acting as a member of said presbytery, as minister of Kinross. And the commission Is appointed to summon before them any who shall offer a protest or dissent, and the presbytery if they admit or receive the same; (a) Lord'i Supper, 2, SCHISMATICS. 295 and censure such as they shall see cause; and they are enjoined to receive any complaint from the brethren of the presbytery of Dunfermline who have done their duty in obeying the appoint- ment of the assembly; and to judge and censure, as they shall see cause, ministers and others who shall give them disturbance or discoura;:ement in their work. — Act 5. Ass. 1733. II. Found that Mr. Ebenezer Erskine in a sermon, before the synod of Perth and Stirling, had vented indecent offensive ex- pressions, tending to disquiet the peace of the church; and lie is appointed to be rebuked at the bar of the assembly: But he, together with Messrs. William Wilson, Alexander Moncrief, and James Fisher, gave in a protest, which is contained in the act, and craved that it might be read, and entered into the records of the assembly. And 'tis ordained. That these four brethren appear be- fore the commission, and shew their sorrow for their conduct ; and the commission is appointed to suspend such of them as dis- obey, from the exei'cise of their ministry. And in case any act contrary to the sentence of suspension, it is appointed to proceed to a higher censure against such as continue to offend: And the several presbyteries of which these are members, are appointed to report to the commission their conduct with respect to this Act 7. Ass. 1733. III. The synod of Perth and Stirling are empowered, upon •proper appUcation, to take the case of Messrs. Ebenezer Erskine, Wm. Wilson, Alexander Moncrief, and James Fisher, as it now stands, under their consideration, and to proceed and do there- in as they shall find most expedient for promoting the peace, and preserving the authority of the church, and for uniting the four brethren to the church, and restoring them to their respec- tive ministerial charges; but with express direction, that the sy- nod shall not judge of the legality or formality of the proceed- ings of the church judicatories; or either approve of or censure the samc—yfc^ 8. Ass. 1734', 29® SHISMATICS. IV. It being apprehended, that by Act 7. Ass. 1733, (a) coni cerning Mr. Erskine and others, ministers are laid under greater restraints as to ministerial freedom than formerly; 'tis declared. That due and regular ministerial freedom is still left entire to all ministers, and the same is not any way impaired or restrained by the foresaid act. — Act 9. Ass. 1734. V. 'Tis resolved. That altho' Messrs. Erskine, Wilson, Mon- crief, and Fisher, for seceding from the church might be censured according to the demerit of their fault-, yet, that they still be treated with meekness and forbearance; and all ministers, espe- ci ;lly those of the synods and presbyteries, within which they reside, are enjoined to use their endeavours to reduce them to the communion of the church: And the commission is ap- pointed to take into consideration any reports and representa- tions concerning the behaviour of the seceding brethren: And 'tis recommended to all ministers and elders to endeavour, by all proper means, to reclaim those poor deluded people who have been carried away by this division, and to prevent the seduction of others, and the increase of this schism. — Act ^. Ass. 1738. VI. 'Tis declared, That Messrs. Erskines, Wilson, Moncrief, Fisher, Mair, Nairn, and James Thomson, for offences found relevant and proven against them, merit deposition : But to give them a further time to return, and to render them altogether inexcusable if they should persist in their separation, it is thought fit to forbear inflicting the just censure upon them; but recom- mend it to the next general assembly to execute the sen- tence of deposition upon such of them as do not, before that time, return to their duty. And that all schismatical courses may be prevented, 'tis ordained, That all synods and pres- byteries strictly observe Act 6. Ass. 1708; (b) and that all (fl) Supra, 2* {Jb) Schism, 2. SCHISMATKC 89*^ xainistors exhoiirthc people, both publicly and privately, to guard against divisive courses, and to " keep the unity of the spirit in the bond of peace," as they would consult the true interest of religion, and the quiet of their country. — Act 4-. j4ss. 1739. VII. Messrs. Ebenezer Ersklne, Ralph Erskine, William Wil- son, Alexander Moncrief, James Fisher, Thomas Mair, Thomas Nairn, and James Thomson, for oft'ences found relevant and proven against them, are deposed from the office of the holy ministry, and all of them are prohibited and discharged from exercising the same in all time coming; and 'tis declared. That all the parishes or charges of the above persons are vacant, from, and after the day and date of this sentence: And 'tis ordered. That copies thereof be sent to the several presbyteries of Perth, Stirling, Dunkcld, Dunfermline, and Kirkcaldie; and that these presbyteries send copies thereof to the kirk-sessions of the re- spective parishes hereby declared vacant, to be communicated to the elders. And the commission Is instructed to decide in any process that may come before them from any synod or presby- tery, towards the speedy settlement of any of the churches de- clared vacant by this y4ct 4. Ass. 1740. VIII. Messrs Thomas G illespie at Carnock, Robert Stark at Tor- ryburn, David Hunter at Saline, Alexander Daling at Cliesh, Tho- mas Fernle at Dunfermline, and John Spence at Orwel, refusing to obey the assembly's appointment to admit Mr. Andrew Rich- ardson, minister of Inverkelthing,'tis resolved,That one of the six disobedient brethren shall be deposed. AndMr.Thomas Gillespie is depoed from the office of the holy ministry; prohibited and discharged from executing ihe same or any part thereof In all time coming witliin this church; and the church of Carnock is declared vacant. And 'tis remitted to the presbytery of Dun- fermline to settle Mr. Arrdrew Richardson, minister of Inver- keithing, on or before the 1 Sth day of June next. And order- ed, That an exact list of the ministers who shall be present that 5&* IcttootsJ day be made up, and entered into the minute* of the presbytery^ Vfhh such excuses as shall be made by any of them who shall be absent; and such of them as shall send no excuse, or whose ex- cuse shall be rejected, are suspended from the exercise of their offices in all presbyteries, synods, and assemblies, until they tes- tify their sorrow for their disobedience to the acts and ordinan- ces of the general assembly. — Act 4. Ass. 1752. SCHOOLS*. I. 'Tis recommended to the several presbyteries, to see to the settling of schools in every landward parish, and providing of men able for the charge of teaching youth, public reading, and preccnting of the psalms, and catechising of the common people; and that means be provided for their entertainment in the most convenient manner that may be had, according to the ability of the parish; and the particular course is referred to the several presbyteries — /Jet Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art. 6. II. 'Tis appointed, 1. That every parish have a reader and a school, where children are to be bred in reading, writing, and grounds of religion, according to the laudable acts both of kirk and parliament made before; and where grammar schools may be had, tis in burghs, and other considerable places, (among which all presbytery-seats are to be reputed) that they be erected and held hand to. 2. That every minister, with his ciders, give account to the presbytery, at the visitation of the kirk, anent these schools; that presbyteries make report to the synod, and the synod to the general assembly, what schools are planted as above said, and how they are provided with men and • See Visitations of Colleges Libniries, 3. Christian Know- ledge, 3. 7. 10. II. 14 Bibles, § g. Highlands, 1. ^3. §• § 4.- Japists, 13. 15, Visitations Presbyterfal, 4. schools; S99 Ineans. S. Tliat tKc ministers of every parish instruct the com- missioners to the next assembly, that this course is begun be- twixt and then, and that they further certify, from one general assembly to another, whether this course be continued without omission, or not. 4. 'Tis recommended to his Majesty and par- liament, to put in execution the means formerly appointed for schools of all sorts, and to find out further means for so good an use, especially, that children of poor men (being very capable of learning and of good genius) may be trained up according as the exigence and necessity of every place shall require. 5. That the parliament be supplicated to allot maintenance for youths of the finest and best spirits in the Highlands and Borders, as bursars, to be bred in universities. 6. That a committee be appointed to consider the time and manner of visitation of schools, and to contribute the best and most compendious and orderly course of teaching grammar, who may report their dili- gence to the assembly >—^c^ Sess. 11. yiug. 5. ^ss. 1642. III. *Tis recommended to the several presbyteries within this national church, to use their endeavours that schools be erected in every parish within their respective bounds, conform to the acts of parliament and general assemblies; and syneds are or- dained to make particular enquiry, how this recommendation is observed. — Jet 10. Jss. 1699. IV. The Assembly declare themselves willing to concur for the planting and propagating of religion in the Highlands, as the matter and success shall open unto them; and, in obedience to what is recommended to them in her Majesty's letter, agree, that there be a contribution made, by way of subscription and otherwise, for erecting schools, and educating youth in the Highlands and Islands, where the same is not provided for al- ready; and the method of the said collections, and management of the money when collected, is set down: And application is appointed to be made to the parliament, privy council, and those + 500 • SCHOOLS.' -in the gotemmeht, for obtaining their authority to get the sard ■schools erected, and obliging parents to put their children there- to, and for making the said design effectual. And 'tis recom- mended to synods and presbyteries in the Highlands, to send in ■to the commission an account of what parishes have or Avant schools, and the reasons of their wanting thereof; and what places do most need, and are most convenient for erecting schools in ; and also to send in an account of such students as are hope- ful, whom they would have supplied; and this but prejudice of schools in every parish, appointed by act of parliament, and of the royal gifts in favours of the Highlands. And 'tis recom- mended to the commission to cause i-eprint and disperse the rea- sons and motives for carrying on the said design. — Act 14. jiss, 1704.. V. 'Tis appointed and ordained. That ministers take care to have schools erected in every parish, conform to the acts of par- liament for the teaching of youth to read English, that the poor be taught upon charity,and that none be suffered to neglect the teaching of their children to read: And sicklike, that in no pa- rish the minister recommend youth to be taught Latin upon charity in any grammar school, but after examining the said child or children, in presence of tlu-ee or four members of the session, as to their promptitude and dexterity in reading, and competent skill In writing, as to their virtuous inclinations, and as to the hopefulness of their proficiency; and that none be re- ceived into grammar schools to be taught Latin upon charity, but upon such recommendations; and also, that each presbytery appoint a committee of tlieir number yearly to examine the jwor scholars in the grammar schools, and such within their bounds as go to colleges with an eye to bursaries, and suffer none to proceed but such as are very forward and good proficients, and of good behaviour J and that ministers recommend none to bur- SCHOOLS^ 'jOI saries, but such as are so qualified : And 'tis recommended to re- gents and masters of colleges, that no persons, especially bursars, be laureated, but upon a clear evidence of sufficiency in their learning and good behaviour, after strict examination: And sicklike, 'tis recommended to masters in universities, and all other instructors of youth, that they be careful to instruct their scholars in the principles of the Christian reformed religion, according to the Holy Scriptures, our Confession of Faith, or such books only, as are entirely agreeable thereto. As also, 'tis recommend- ed to professors of theology, that they take very particular no- tice of the piety and Christian carriage of their students; and 'l that their testimonials to presbyteries, for entering men upon trials for the ministry, bear their knowledge of the persons re- commended, as to their moral and pious carriage, as to their progress in their studies, their promising parts, and their good affection to the government of church and state •, and that he ' truly judges the person lit for the service of the church : And presbyteries are enjoined to receive none upon testimonials from professors, but who are so attested. — Act 5. Ass. 170j. VI. 'Tis appointed. That as to lands of her Majesty's property, application be made by the commissions of assemblies to the Lords of Treasury and Exchequer, for her proportion of the legal allowance for schools; and as to other heritors, presbyteries are appointed to use all suitable endeavours to get schools erected and maintained in parishes, conform to the acts of parliament ; and if that succeed not, to give an account of their diligence to the commission, who are empowered to assist them by application to the government, or other ways competent : And as to wide and spacious parishes, that require more schools than one, Act l-l-. Ass. 1704, (a) ancnt ci-ecting schools in the Highlands is (a) Supra, 4, S02 schools: renewed, and continued until altered by the assembly, and tbe execution thereof recommended to presbyteries. And 'tis re- commended to synods and presbyteries, to send in to the commis- sion distinct accounts what parishes in their bounds have or want schools, what are the reasons why they want the same, what places do most need them, what is the extent of those parishes that are spacious, and what are the places in each parish most convenient for fixing one or more schools in ■, and that they send an account of the names of such students as are hopeful, and whom they could recommend for teaching those schools; and th« commission is ordained to put in order and record these ac- counts. And presbyteries are appointed to deal earnestly with the patrons of vacant parishes, to apply the vacant stipends to the above ends. And 'tis recommended to the commission, to give all encouragement to such as incline to enter into societies for erecting and maintaining schools; and to think on overtures for that purpose. And the commission is ordained to enquire what is become of the money collected in presbyteries for erect- ing schools in the Highlands, in pursuance of the foresaid act 1704', {a) and to use endeavours to make the same effectual: And presbyteries are ordered to report their diligence to the com- mission, and also to give particular accounts to the next assem- bly, how former acts about schools in every parish, and visitations thereof, &c. are observed. And 'tis recommended to subsequent assemblies, to appoint particular committees to receive reports of presbyteries in that matter, to be laid before succeeding assem- blies.— Aci 5. Ass. 1707. VII. 'Tis appointed, That presbyteries enquire, whether or not a parochial school be established in every parish in their bounds, and, where such schools are wanting, that they make application (a) Supra, Jif, SCHOOLMASTERS. SCI^ to tlie commissioners of supply for having parochial schools, xvith legal salaries, erected in every parish as the law directs: And the procurator and agent for the church are appointed, at the public charge, to prosecute for having the laws respecting parochial schools put in execution. — Act 6. Ass. 1758. SCHOOLMASTERS *. I TIs recommended to the parliament or committee for planta- tion of churches, That whatever either in parishes of burgh or landward was formerly given for maintenance of those who were readers, precentors in congregations, and teachers of schools be- fore the establishing of the directory for public worship, may not be, in whole or in part, alienated or taken away, but be reserved for the maintenance of sufficient schoolmasters and precentors, who are to be approven by the presbytery; and presbyteries are required to see, that none of that maintenance given to the fore- said uses, or in use to be paid thereunto, before the establishing of the directory for worship, be drawn away from the church. — Act Sess. nit. Aug. 6. A^s, 1649. II. All presbyteries are appointed to take special, exact, and particular notice of all schoolmasters, chaplains, governors, and 7- pedagogues of youth within their respective bounds, and oblige them to subscribe the confession of faith of this church, as the confession of their faith; and, in case of continued negligence, (after admonition) error, or immoralities, or of their teaching erroneous principles, or not being careful to educate those under their charge in the Protestant reformed religion, that the pres- bytery, with respect to schoolmasters, apply to the civil magistrate in burghs, and heritors in landward; and with respect to go- • See Congregations. Confession of Faith, 3. 8. Chiistiaa Knowledge, 6. Tunes Common. so* SCHOOLMASTERS. vernors, ch:\plains, and pedagogues, to masters, for removing sui.l» persons from these oflices; and if this be not remedied by them, that the presbytery, with respect to schoolmasters, apply to the commission of parliament for visitation of schools and colleges: And 'tis appointed. That an account be given in, every half year to the presbytery by ministers, what schoolniasters, chaplains, and governors are in their respective parishes: And 'tis recom- mended to masters of colleges to take care, and use their au- thority for the same ends, that the delinquents may be proceeded against by the respective presbyteries, and censured upon cleaj? evidences of their guilt. — Act 10. Ass. 1700. . III. 'Tis recommended to such as have power of settling ECiioolmasters in parishes, to prefer thereto men who have passed their course at colleges and universities, and taken their degrees, before others who have not, cceterls paribus. And 'tis recom- A. mended to presbyteries to take special care, that all the school- masters within their bounds, be such as have subscribed the con- fession of faith, and that presbyteries visit all the public grammar schools within their bounds, by some of their number appointed for that effect, at least twice every year; and also, synods are appointed, at their privy censures, to enquire at presbyteries, how they have obeyed this recommendation: And 'tis recommended to the respective presbyteries in the Highlands, who are appointed to contribute for bursaries to be bestowed on students having the Irish language, that they pay the same punctually, conform to the act of assembly thereanent. — Act 13. Ass. 1706. IV. 'Tis recommended to presbyteries to take a watchful in- ?;pcction of schools within their bounds, and of the character and behaviour of schoolmasters, and to take care that they be qualified, by taking the oatlis to government, and that they instruct the youth in just principles of religion and loyalty. — Act 4. Ais. 1740. V. 'Tis enjoined, That all parochial schoolmasters, and othe^ SCHOOLMASTERS. 805 teachers of schools within this church, cause the Holy Bible to be read as a regular exercise in their schools, by the children under their care. Also enjoined, That the shorter catechism be taught in all parochial and other schools: And that the chil- dren be required to commit the same to memory, and by frequent repetition to fix it deep in their minds. And appointed. That all ministers from time to time visit and examine the schools within their respective parishes, and take care that the teachers do their duty in those respects. And presbyteries are ordained to make enquiry concerning the obedience given by their several members to this act; and they are farther ordained, to appoint presbyterial visitations of the schools within their bounds, at least once every year, and exercise that authority which, by law, is vested in them for obtaining the important end in view. 'Tis moreover ordained, That a copy of this act be sent to every mini- ster, and every parochial schoolmaster within the bounds of the church; and that every presbytery report their diligence, in com- pliance with the terms thereof, upon the back of their commis- sion to their representatives in the ensuing general assembly. — Act 9. Ass. 1794. VI. 'Tis enjoined on all presbyteries of this church. That they be diligent in exercising those powers which the laws of the land and of the church have committed to them respecting the educa- tion of youth within their bounds; and particularly, that they call before them all teachers of youth, whether in parochial schools or schools of another description, and take trial of their sufficiency and qualification in those branches of education which they profess to teach. And 'tis recommended to the procurator, to give his assistance in this matter to all presbyteries of the church; and to carry on at the public expence such processes as may be necessary for enforcing the sentences, or ascertaining the powers of the church relative to schools; and his Majesty's advo- cate and solicitor general are requested to concur with him iu $0& SCHOOLMASTERS.' supporting her jurisdiction. And 'tis further enjoined, That presbyteries report to the assembly a hst of all the schools within their bounds, specifying what is taught in each school; whether the schools be held on the Lord's day, or on other days of the week; in what manner the schoolmasters are supported or main- tained ; whether they act for themselves, or under the direction of others; what number of scholars attend each school at the time of making the report ; and whatever else shall appear to the presbytery important, respecting schools within their bounds. And 'tis recommended to presbyteries to require all parochial schoolmasters to subscribe the confession of faith and formula, if they have not already done so, and to ask all teachers of youth, without exception, to produce to the presbytery, attestations of their having taken the oaths to government; and a particular re- port of their obedience Is ordered to be made to the next assem- bly. And 'tis enjoined, on presbyteries to transmit, without de- lay, attested copies of their reports to the assembly, to the sherifis within whose jurisdiction they are situated. — Act 11. Ass. 1800. VII. 'Tis recommended to the several presbyteries, and espe- cially to those who have not hitherto contributed, to promote a subscription among their members, in order to assist the funds of the church, in extinguishing a debt contracted in prosecuting the appeal in the cause relating to the schoolmaster of Bothwell. —Act 12. Ass. 1800. VIII. The order contained in Act 11. Ass. 1800, (^a) is re- newed: And 'tis enjoined. That the presbyteries who have not obeyed the order, send up their reports; and that those, whose reports are not according to the terms of the order, supply the deficiences of their former procedure, and report their obedience; .-xnd 'tis recommended to the presbyteries whose reports are com- (a) Supra, 6. SPIRITUAL SONGS. 50V plete, to continue their attention to the Important object; and to report any new facts relative to teachers and schoohnasters, that may arise within their bounds during the ensuing year : All these reports to be transmitted to the next assembly. — Act 8. Ass. 1801. SCRIPTURAL SONGS*. I. *Tis recommended to the several presbyteries of this church, to endeavour to promote the use of the scriptural songs in private families witliin their bounds, according to the recommendation of the late assembly, and to facilitate the assembly's work in preparing the said songs for public use: 'Tis recommended to presbyteries to buy up the printed copies of the said songs, and compare them with the originals, and make further amendments thereon; and the amendments already made thereon, are ordained to be printed and transmitted. — Act 4. Ass. 1706. II. The revising of the scriptural songs is recommended to presbyteries, and they arc desired to transmit their opinions re- specting them to the next assembly; and in the mean time a com- mittee, nominated by the commission of last assembly, for re- vising the same, is renewed. — Act 16. Ass. 1707. III. The commission is appointed to consider the printed version of the scripture songs, with the remarks of presbyteries there- upon ; and after examination thereof, they are impowered to con- clude and establish that version, and to publish and emit it for the public use of the church, as was formerly done on the like occasion, when our version of the psalms was published, in the year 164-9: (^b) And 'tis recommended to ministers and others, to buy up for private use, in the meantime, the copies of them that are lying on the author's hands. — Act 15. Ass. 1708. * See Psalms, i. 2. (h) Psalms, 308 SENTENCES AGAINST MINISTERS. — SEPARATION." IV. The consideration of the pieces of sacred poesy, entitled *' Translations and Paraphrases of several Passages of Scripture," is remitted to presbyteries, in order to their transmitting their observations to the next general assembly, that they or any sub- sequent assembly, may give such orders about the whole affair, as they shall judge for edification; and this resolution is appointed to be prefixed to the impression. — jlct 6. Ass. 1745. Nota. These translations and paraphrases were, by an un- printed act June 1. 1781, re-transmitted to the consideration of presbyteries; and in the meantime the assembly allowed them to be used in public worship, in congregations where th^ mini-. ster finds it for edification. SENTENCES AGAINST MINISTERS*. All sentences passed against ministers hinc itide by any church judicatory, upon account of the late differences among Presby- terians from the year 1650, until the re-introduction of Prelacy, are declared of themselves void and null to all effects and intents; and 'tis recommended to the respective presbyteries to take care, that such of these ministers as are not otherwise disposed of by the church, return to the exercise of their ministry in their re- spective congregations; ana to the, civil magistrate, that the said ministers may have the legal maintenances and stipends where they served. — Act 13. Ass. 1690. SEPARATION f. The recommendation of the commissioners of the general as- sembly at St. Andrews 164'2, to every minister within their se- * See Deposed Ministers. Ministers' Corruptions in Person and Life, 5. t See Books Erroneous, ».. Grpgs Scandals? -. SEPARATION. 509 teral bounds, especially to ministers upon tlie coasts, or where there are harbours and ports, to try and search for all books tend- ing to separation, is turned into an act of assembly: And every minister is appointed to be careful, to try and search, if any such books be brought into this country from beyond seas; and if any shall be found, to present the same to the presbyteries, that some course may be taken to hinder the dispersing thereof: And 'tis recommended to civil magistrates, to concur with their authority in all things, for effectual execution thereof. — Act Sess. 7. ^ug. 9. Jss. 16-1-3. SEPARATISTS*. I. Mr. John Plepburn is suspended from the exercise of the ministry, and the senience appointed to be intimated, as in Act. 27, Ass. 1696. II. Mr. John Hepburn is deposed from the exercise of the holy ministry, and is discharged to exercise the same, or any part thereof, in time coming, under the pain of the highest censures of the church for his irregular and divisive courses men- tioned in Act 7. Ass. 1705. Nota. He was afterwards re- poned by the commission of assembly 1707, upon a reference to them of his case; but their procedure in that matter was found irregular, and excepted from the approbation of their book, by Ass. 1708. III. 'Tis referred to the commission to proceed to censure Messrs. John M'Millan, late minister at Balmaghie, John Tay- lor, late at Wamphray, John M-Neil, and John Adamson, pre- tended preachers; and Messrs. John Hepburn, at Ore, and John Gilchrist, at Dunscore, separatists from the church; or to apply to the citil magistrate against them. And the presbytery of Dumfries is ordained to proceed against INIessrs. Hepburn and * Sec Discipline, i. Schismatics, 3 5« 6. 7. , 310 SESSION-BOOK. Gilclirist, or refer the matter to the commission : And the com- mission is instructed to apply to the civil government, for sup- pressing the disorders of all of them, and punishing such as are guilty of solemnizing marriages clandestinely. And presbyte- ries are appointed to send informations of these things to the commission, that the same may be laid before the government. And the several presbyteries and brethren in those counties where Popery abounds, or where Episcopal preachers intrude into parishes, churches, manses, or glebes, are appointed to send in to the Lord Justice Clerk, the Lord Advocate, or Solicitor, parti- cular informations, concerning the facts, parties names, the cir- cumstances of the transgression, such as time, place, &c. with lists of the witnesses' names and designations, that can prove the said facts. — Act 15. Ass. 1715. SESSION-BOOKS*. That the session-books of every parish be presented once a- year to the presbyteries, hat they may be tried by them. — Act Sess. 22. Aug. 29. Ass. 1G39. Art. 4. SILENCE OF MINISTERSf. That every minister by the word of wisdom, apply his doctrine faithfully against the public sins and corruptions of the times; and particularly, against the sins and scandals in that congregation where he lives, according to the act of the assembly 1596, re- vived by Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art. 9. {a) ap- pointing. That such as shall be found not applying their doctrine to corruptions, which is the pastoral gift; or be found cold, and * See Remedies Ecclesiastic against Profaneness, 15, ■j" See Ministers' Corruptions in their Calling, ^ 4. i^a) Ministers, i. SILENCE OF MINISTERS. SI 1 uranting spiritual zeal; or flatterers, or dissembling public sins, especially of great personages in their congregations, shall be cen- sured according to the degrees of their fault; and, if continuing therein be deposed, according to Act Sess. 10. June 13. Ass. 164-6, (^b) Art. 15, appointing. That besides all other scandals, silence, or ambiguous speaking in the public cause; much more, detracting and disaffected speeches, be seasonably censured : That the errors and exorbitancy of sectaries in England be not passed over in silence; but plain warning be given of the danger of so near a contagion, that people may beware of it: And such as neglect this duty, are ordered to be censured by their presbyteries, and that conform to the foresaid acts: That the main current of applications in sermons run along against the evils that prevail at home; and namely, against the contempt of the word, against all profaneness, against the present defection from the league and covenant; and against the unlawful engagement in war, against the unlawful bond and engagement of the date of June 10. 164-8, ordained to be subscribed by all the subjects; and other unjust decrees, established by law, against the plots and practices of malignants, and against the principles and tenets of Erastianism, which spread amongst divers in this kingdom: For the better confutation whereof, 'tis recommended to ministers to study that point of controversy well, that they may be the more able to stop the mouths of gainsayers : And 'tis recommended to the several presbyteries and provincial synods. That they may make special enquiry and trial concerning all the ministers in their bounds; and if they be found too sparing, general, or ambiguous in the foresaid applications and reproofs, that they be sharply rebuked, dealt with, and warned to amend, under pain of suspension from the ministry : And if they amend not, that such ministers be sus- {b) Ministers, 2, 512 SILfeNCE OF MINISTERS.' pended by their presbyteries-, and in case of their negligence, by the synods, until the then next assembly: But if there be any who neglect and omit such applications and reproofs, and con- tinue in such negligence after admonition and dealing with ihem, they are ordered to be cited, and after due trial of the offence, to be deposed; much more are those ministei's appointed to be censured with deposition from their ministry, who preach for the lawfulness, or pray for the success of the unlawful engagement, or that go along with the army themselves; or who subscribe any bonds, or take any oaths not approven by the general assembly or their commissioners; or who, by their council, countenance, or approbation, nrake themselves accessor)'- to the taking of such bonds and oaths by others; or who preach in defence of, or pray for success to the sectaries in England. And in case any mini- ster, for his freedom in preaching, and faithful discharge of his Conscience, shall be, in the face of the congregation or elsewhere, upbraided, railed at, mocked, or threatened; or if any injury or violence be done to his person, or any stop or disturbance made to him, in the exercise of his ministerial calling, the presbytery of the bounds is forthwith ordered to enter in process with the offender; and, whoever he be, to charge him to satisfy the dis- cipline of the kirk by public repentance; which if he do not, or refuse to do, the presbytery is to proceed to excommunication ogainst him: In all which, presbyteries and synods are to give an account of their diligence; and that act is appointed to be in- timated in the several congregations of this church. — Act Ssss, 26. Aug. 3. A(s. 1648. Nota. The effects of this act were in some measure taken off by Act 13. Ais. 1690. (a) (fl) Sentences against Ministers. SIMONIACAL PRACTICES. S13 SIMONIACAL PRACTICES. I. Presbyteries are enjoined to take all proper measures to dis- cover if any minister or probationer has entered into any si- moniacal paction or practice in order to obtain a presentation, or procure a call to a vacant parish, and to lay a representation of any such practice before the assembly, that the procurator may prosecute for a reduction of any such bargain or obligation; and 'tis declared a just cause of deposition in a minister, or of taking away the license of a probationer. — Act 5. Ass. 1753. II. 'Tis enjoined, in order to prevent simoniacal practices, Thai, all presbyteries take all proper measures to discover,, if any such liave happened in their bounds ; and if it shall be found that any minister or probationer, or by friends, have obliged themselves, before their settlement, not to commence any process against the heritors for augmentation of stipend, reparation of manse, office- houses, or enlarging his glebe, or become bound for any sum of money, to the patron or others concerned, in order to procure a presentation, or to the heritors or others concerned to procure a concurrence, or a call; or have entered into any simoniacal pac- tion or practice to that effect; that the presbytery represent the matter to the assembly, that the procurator may be ordered to prosecute for a reduction of such bargains or obligations before the court of session : And 'tis declared a just cause of deposition in a minister, or taking away the license of a probationer; and presbyteries are ordained to proceed to such sentences against all such ministers or probationers as shall hereafter be found to have entered into such bargains themselves previous to their settle- ments, or who shall afterwards homologate the deed of their friends. And 'tis enacted, That if any such simoniacal practices shall be carried on by any person whatsoever to promote or pro - cure any benefice or office in the church to any minister or pro- bationer, though without his consent or approbation; and ifj Ss 3H SINGLE ACTS OF SCANDALS. — SLANDERS when he comes to the knowledge of them, he shall not acquaint the presbytery of the bounds thereof at their first meeting after getting such mformation, then and in that case, he shall, if a minister, be deposed, and if a probationer, be deprived of his license. And further, 'tis appointed. That this act be read by ail presbyteries to every person before he be licensed to preach the gospel, and to every candidate for a settlement in their bounds before they take any steps towards his settlement. — Act 8. Ass» 17j9. single acts of scandals. One single act of drunkenness, or breach of the Lord's day, disobedience to parents, or swearing, cursing, scolding, fighting, lying, cheating, or stealing, may be clothed with such circum- stances, as may be a just ground of process immediately, and even bring the guilty under the lesser excommunication, or sus- pension from sealing ordinances, and require their appearance in presence of the congregation, to be rebuked, before relaxation; but 'tis to be duly pondered, whether private admonition of the person guilty of the above scandals, not clothed with such cir- cumstances, or the bringing them to public, wiU tend most to edification; and the judicatories are to proceed accordingly. Form Proc. cap. 3, § 1. But ordinarily, in all such offences, the guilty is, for the first fault, to be spoken to in private by the minister or an elder, and admonished; and on promise, from a sense of guilt, to amend, they may sist there. — Ibid. §. 2. Act 11. Ass. 1707. SLANDERS*. Synods and presbyteries are ordained to proceed diligently ia * See Confession of Parties. Ministers Corruptions in Person, ^2, SPEECHES. — SPREADING OF SCANDALS. — STIPENDS. 315 Jn-ocess with the censures of the kirk, even to the highest, against ■all persons who shall reproach or scandalize ministers, according as they shall find the degree and quahty of the scandal deserves. Act Sess. 13. Aug. 6. Ass. lGi2. SPEECHES OF THE COMMISSIONER TO, AND MODERATOR OF ASSEMBLY. The King's commissioner's speech, and the moderator's speech to the assembly are recorded in Act 7. Ass. 1695. SPREADING OF SCANDALS. Members of kirk-scssions are wisely to consider the informa- tions they get of scandals, and consult with their minister there- anent, even before the same be communicated to others; that thereby the spreading of the scandal may be prevented, and it may be removed by private admonition, according to out Lord and Saviour's rule, Matt, xviii. 15. Form Proc. cap. 2. § 1. And when it appears fit, that the party be privately spoken to, before citation, the minister is to exercise his own discretion, and to take the concurrence of elders and others with him. — laid. § 4, ActU. Ass. 1707. STIPENDS f. I. 'Tis recommended to the commission of plantation of kirks, to give due dispatch and encouragement to all processes for modification and locality of stipends, that so ministers may have a suitable maintenance, and a competency for communion elements, and ready access thereto. And 'tis recommended to tlie several presbyteries, to send in an account to the clerk of the general assembly, or agenc for the kirk, of such parishes in their bounds t See Vacant Stipends, Plantation of Kirks. Papists, 15. 31G STIPENDS. as either want legal stipends, or want decreets for their stipen Ji and communion elements; and to send therewith an account of the state of such parishes, and of the church, manse, and glebe thereof: And that in all transp6rtations in time comirg, previous enquiry be made, if there be a legal stipend, and a decreet there- fore, in the parish craving the transportation. Act 5. Ass. 1702. II. 'Tis recommended to presbyteries, to give information to the commission anent mortifications and stipends that have been dilapidated or suppressed; and the commission is appointed to be assistant to ministers in recovering thereof. — Act 12. Ass. 1706. III. Tis resolved, That an humble application be made to the King and Parliament for the following purposes, viz. That in raising a summons for modification^ locality, and augmentation of stipend, it shall be sufficient that a general citation be made by every clerk from his desk, and letters written to absent heri- tors by the moderator of the presbytery; that the moderator of the presbytery pursue for an augmentation whether a parish be vacant or not ; that ministers' stipends, if not paid within the year, shall bear interest from the fiist half-year after they be- come due; that the commission of teinds shall have power to suppress, to annex, and to alter the divisions of parishes : And the assembly's commissioners are instructed to pray for relief in the premisses, and for such further relief as to his Majesty and parliament shall seem meet. — Act 4. Ass. 1750. Notu. This application was put off by the then session of parliament, and seems never after to have been resumed. IV. 'Tis enacted. That in all time coming no minister shall make any composition v.ith his heritors, vlth respect to obtain- ing a decreet of modification and locality for his stipend, but at the sight of the presbytery of the bounds. — Act 6. Ass. 1 759. This, by an overture, extended to manses, by Assembly 1760. STUDENTS OF PHILOSOPHY. — STUDENTS OF THEOLOGY. SI*? V. 'Tis enjoined, that presbyteries take an exact account on the place, of the extent of the stipend, glebe, grass, and other emoluments, belonging to every minister within thcfr bounds, and record the same with accuracy in their presbytery-books. And 'tis appointed, That in case any person liable refuse or •withhold any part of stipend, incumbents shall report the same to the presbytery, who are to give such directions for its reco- very as the nature of the case may require; and that where a minister possesses more glebes than one, and has been in the use of setting such as are most remote, they shall, in time com- ing, after the boundaries are accurately ascertained, only be let by a tack, in which the extent and marches shall be particularly- set forth, and the same lodged with the presbytery-clerk. — Act 8. Ass. 1762. STUDENTS OF PHILOSOPHY*. That all students of philosophy, at their entry, and at their laureation, be held to subscribe the league and covenant, and be urged thereto, and all other persons as they come to age and discretion, before their first receiving the sacrament of the Lord's supper. — Act Sess. ult. Sept. 1. Ass. 1647. t STUDENTS OF THEOLOGYf. I. 'Tis appointed. That strict enquiry be made into the piety, gravity, prudence, sobriety, orthodoxy, and learning of such as are offered to presbyteries, in order to passing their trials, and _i. that such be rejected as have not sufficient testimonials from universities of their good behaviour and sufficiency (and that the Usual school degrees be enquired after, though not made a neces- 4- * See Covenar.t, 6. t See Ministry. Schools, 4. Probationers. Intrants, ^t 618 STUDENTS OF THEOLOGY, sary qualification) or at least, should not be found to have re^ trievcd their lost time at schools, by their after diligence : As also, Tliat such as are esteemed to be vain, or imprudent, or proud, or worldly minded, by the generality of sober intelligent persons, who convei'se with them, shall be kept back from that work. 'Tis recommended to professors of divinity, that they require of such students as they em^ploy in any exercises, testimonials from universities where they have studied, and placsc where they have lived. 'Tis required that none be licensed to preach, or be ordained to the ministry, unless they give good proof of their understanding the Greek and Hebrew: And 'tis recommended to all candidates for the ministry, to study also the "f other oriental languages, especially the Chaldaick and Syriack, so far as they can. 'Tis also recommended, That they be tried j_ not only in the great controversies in religion, bnt also in the controversies concerning the government and discipline of this church.— ^c'/ 22. yJss. 1G96. II. 'Tis appointed. That the commissioners from the several presbyteries within this church bring in an account to the gene- ral assembly yearly, of all the students of divinity, who have 4- passed their trials in order to the ministry, from one assembly to another. As also, of all others who have not passed trials, that have an eye to the holy ministry, and attend the lessons of the several professors of divinity in the universities, and per- form the exercises enjoined them there, that a roll may be made of them, and their names read in open assembly, and recorded in the registers thereof. — Act 3. Ass. 1G97. III. 'Tis seriously recommended to the several presbyteries of this church to keep a watchful eye over all students of theology, and to be careful that none be licensed to preach, or admitted into JL churches, but such as shall give evidence of their orthodoxy, by signing the confession of faith, approven by former general as- semblies of this church, and ratified by law in the year 1090, as STUDENTS or THEOtoCT. 51C/ the confession of their faith •, of their good affection to the government of church and state j of their peaceable principles and disposition, by engaging to observ'e good order, in conjunc- tion with, and a due subjection to the judicatories of this church; and of their literature, by abiding a strict trial •, and shall own the PrcsDytcrian government of this church to be agreeable to, ~^ and founded upon the word of Godj and promise never to en- deavour, directly nor indirectly, the prejudice or subversion thereof, according to former acts of assemblies thereanent. Act 16. As. 1705. IV. 'Tis recommended to all presbyteries and ministers, when they come to know any error or vice in students of divinity, to T give notice thereof to the professors of divinity under whom such students are taught, with an account how the same can be proved; and also recommended to them not to be rash or hasty in receiving reports to the prejudice of students, but to be care- ful to discourage groundless or malicious reports, and to protect the characters of such as do not appear to be truly guilty: And 'tis recommended to professors of divinity diligently to en- quire concerning the principles and the practice of the youth un- deV their care ; and the former recommendation to professors of divinity, contained in Act 22. Ass. 1696, (^a^ concerning tlie requiring of testimonials from students whom they admit to ex- ercises, is renewed. — Act 6. Ass. 1735. SUPPLICATION*. I. Resolved, That an hun^ble supplication be directed to his Majesty, testifying the assembly's most hearty thankfulness for * See Declaration, i. Confession of Faith, 4. Ratification, Unity in Religion, I. Petition. Tithes. ^a) Supra, i. $20 SUPPLICATION. his royal favour, manifested in his public indiction of their so- lemn meeting, for purging and preserving religion, and inform- ing him, from themselves, of their most religious and loyal de-^ signs in their proceedings, and entreating his Majesty's appro^ bation and ratification in the then ensuing parliament to their constitutions. This supplication is subjoined to Act Sess, 26. Bee. 20. Ass. 1638. II. Supplication by the assembly 1642, to King Charles I. craving that his Majesty would advance the uniformity of church government betwixt the two kingdoms, — Sess. 8. yJug. 3. Ass. 1642. III. Supplication by the general assembly 1648, to the com- mittee of estates, entreating them to take such course, as that the declaration and bond, of the date 10 June, 1648, inserted Sess. 18. July 28. (a) be no further pressed upon the people of God, that they would think upon an effectual remedy for pu- nishing and redressing the violence and oppression of officers and soluiers in their quarterings, and otherwise, that they would take off the inhibition laid upon printers, whereby one of the kirk's privileges, confirmed by parliament, is restrainedj and that tlaey would seriously pond.'r the asscmblj^'s declaration concern- ing present dangers and, duties (inserted Sess. 21. July ult. Ass. 1648) {b) then offered to them.— SVj . 25. Jug. 2. Ass. 1648. IV. Supplication by the general assembly 1648, to the King, declaring their duty and loyalty to his Majesty, wishing him a righteous and peaceable reign, faithfully warning him of his danger and duty, declaring their sympathy with him in his suffer- ings and low condition, and their abhorrence of what has been done to his person, and entreating him to see the righteous hand of the Lord in writing bitter things against him for all his pro- (a) Declaration, 6. (h) Ibid. 7. 5TN0D-B00KJ. 321 -^cations; especially, for resisting the work of reformation, and authorising, by .his commissions, the shedding of the blood of God's people, and exhorting him to repent,declaring their sense of the unlawfulness of the engagement, and beseeching his Majesty not to own it, or have any hand in it, and entreating him to give his royal assent for enjoining the league and covenant in all his dominions, and for securing religion, and to employ his royal power for advancing the kingdom of the Son of God. — Sess. 4:0. Aug. 11. Ass. 1648. SYNOD-COOKS*. I. That the clerk at least subscribe every synod-book before it comes to the assembly, and that every act be noted in the margin for a directory of expedition. — Overt, and Act Sess. 1 1 . Aug. 5. Ass. 1G42. II. That the books of every provincial assembly be brought and produced to every general assembly, and that every clerk to the provincials either bring, or send their books yearly to the general assemblies, by the commissioners sent to the assemblies from these presbyteries where the clerks reside, aye and while some means be provided, whereby the clerk's charge may be sustained for coming with the said books themselves, and that under the pain of deprivation of the clerk in case of his neglect, and of such censures of the said commissioners, in case of their neglect, as the assembly shall think convenient. — Act Sess. 3. yulj 29. Ass. 1642. III. Tis recommended to all synods to take care that their registers be always completely filled up before the sitting of the general assembly, and that the proceedings of every synod be signed both by the moderator and clerk thereof; and the synod- * Sec Papists, $. § 3- 0. § 6. ii. § 4. Rolls. T T ft S22 STNOD-BOOKJ. books thns filled up and subscribed, are appointed to be timously produced to the general assembly yearly, in order to their being revised.— ^r# 11. ^ss. 1698. IV. All synod books are ordered in time coming, to be punc- tually brought in, and presented to the general assembly yearly, in the beginning thereof, according to the ancient laudable cus- tom.— Act 3. Jss. 1702. V. The following roll or list of matters is appointed to be put into the hands of the visiters of synod-books, at each assembly, for the direction and assistance of visiting the said books, and the visiters in going through the said books, are carefully to advert, 1. If the advices marked in the former attestations of the synod-books be observed. 2. If the books be completely filled up, and signed by the moderator and clerk, as enjoined by Act 11. Ass, 1698, {a) and be produced yearly, according to Act S. Ass. 1702. [h] 3. If the synod's proceedings be agreeable to the constitutions of this church, and acts of assembly; and if the register be correctly written and spelled, without contractions; and when there is any thing written on the margin, which should have been in the body, if it be signed by the clerk; and where words are blotted cut as superfluous, if it be marked on the margin, how many words or lines are blotted out, and that it was done by authority, and if the marginal note be signed by the moderator and clerk, and if there be any blottings or interlinings in the register; see Act 9. Ass. 1706. (r) 4. If the synods call their presbyteries to an account as to their care about ministers reading and expounding a large portion of Scripture in their congregations every Lord's day, according to Act 9. Ass. 1694, {d) Act 5. Ass. 1704, {e) and Act 10. Ass. 1706; (f) and as to (a) Si pra, 3. {h) Supra, 4. (c) Registers, 6. (d) Lecturing,!. f^; Ibid. 2. r/^ Ibid. 5. SYNOD-BOOKS* S2S iheir preaching catechetical doctrine, according to Act 1 8. Ass. 1695. ((j) 5. If care be taken that the sacrament of the Lord's supper be administered in each parish, at least once every year, and where any ministers neglect the same, if they be called to an account, and if their excuses be either approven, or disap- proven, as is enjoined by Act 11. Ass. 1706. (/j) 6. If synods enquire concerning presbyteries holding parochial visitations, and ministers visiting of families, according to Act 16. Ass. lT06j(^) the buying and reading of the acts and overtures of the general assembly, according to Act 16. Ass. 1700, (i) and Act 18. Ass. 1705; (/) and concerning their diligence in observing the acts against profanity, particularly. Act 7. Ass. 1699; (m) and enquire after mortifications for pious uses, as is enjoined by Act 22. Ass. 1700. (n) 7. If synods call their presbyteries to an account, as to the pains they take to get a school settled in every parish, and provided with a sufficient master and maintenance, according to law, and take care that the school be visited, conform to Act 5. Ass. 1705, (o) and Act 5. Ass. 1707; (p) and if presbyteries contribute for bursars having Irish, according to Act 13. Ass. 3706; (<7) and if the synod's advice be taken anent licensing pro- bationers according to Act 10. Ass. 1711. (/) 8. If synods en- quire at presbyteries concerning the increase and decrease of Popery, and other errors, and the pains taken to reclaim errone- ous persons; see Act 8. Ass. 1707. (.<) 9. If synods take care to have the acts of assembly, particularly, Act 5. Ass. 1712, (t) concerning a contribution for promoting Christian knowledge, observed ; and if the account of the.r diligence in these matters (g) Catcchttical Doctrine, I. (/}) Lord's Supper, 5. (») Vi- sitations Presbytcrial, 3. (k) Acts of /Assembly, 5. CO Ibid. 6. (m) Prufaneness, 3. («) Visitations Prcsbyterial, 2. (0) Schools, 5. {j>) Ibid. 6. (q) Shoolmasters, 3. (r) Probationers, 3. (jJ Pa- pists, ii. (/J Christiaa Kiiowledg., 4. 324 1YN01>B60KS. be recorded conform to Act 11. Ass. lYlO. (o) 10. If presby* tery-books be punctually produced, revised, and attested, and if presbyteries undergo their privy censures every synod; and if tliere be a roll made up of matters recommended by the general assembly to synods, and if the said roll be recorded, and a copy thereof given to the visiters, according to Act 11. Ass. 1712. (b) 1 1 . That the visiters of synod-books communicate all their re- marks on these books to some of the synod, and hear them there- upon before they bring the same into the assembly. — j4ct 4. j4ss. 1713. VI. 'Tis further ordered. That the visiters of synod-books take notice, 1. If the acts of assembly, concerning licensing proba- tioners, be observed; particularly, That none be entered on trials till they have studied divinity the usual time, and produce ample testimonials, and the advice of the synod be taken, and the questions appointed by act of the general assembly read to them before trials; and that none be entered thereon, until they have resided half a year immediately before, within their bounds; and that the whole particulars in Act 5. Ass. 1705, {c) Act 10. Ass. J711, ( 1799. WAR UNLAWFUL*. That all those who joined in the unlawful engagement in war against England, and were censured by the commission of the general assembly 1648, with suspension, from the renewing of the covenant, and from the ordinance of the Lord's supper, and withal, who do not by their addresses to church-judicatories, testify their dislike thereof, be processed, and continuing ob-. stinate, be excommunicated ; but, if witlial they go on in pro- moting malignant designs, that they be forthwitli excommuni- cated. As also, That all such persons guilty as aforesaid, who after profession of repentance, relapse to the promoting of any malignant design, be forthwith excommunicated. 2. If they desire to testify their repentance, that besides any confession in public before the congregation, they subscribe also the declaration subjoined to this act, of their unfeigned detestation and renuncia- tion of that engagement, and all other malignant courses, con- trary to the covenant and cause, promising to keep themselves from such ways in time coming, and acknowledging, that if they fall into such defection thereafter, they may be justly accounted perfidious backsliders, and breakers of the covenant and oath of God, and be proceeded against with the highest censures of the kirk. 3. That such as joined in arms or council, or were general persons or colonels in the late engagement, or who went to Ireland, to bring over forces for that effect; or who had been eminently active in contriving of, or seducing to the said engage- ment, or whosoever above the degree of a lieutenant, commanded these parties, who in promoting its ends, shed blood within the kingdom, or above that degree, commanded in the rebellion in * See DecMratioD, 7* WIDOWS 1631 Jlhe North, be not admitted or received to give satisfaction, but by the general assembly, or commissioners. 4. That the rest may be received by the presbyteries where they reside. 5. That all who have been guilty as aforesaid, before their being received to the covenant, make a public acknowledgement in such manner-, ,and before such congregations, as the commission of the general assembly, or presbyteries respective shall prescribe, according to the degree of the offence and scandal given. 6. That none of the foresaid persons be admitted or received as elders in any judicatories of the kirk, but according to the act of the general assembly Aug. 16 hi, (a) against compilers of the first class. That for the determining of the truth, and sincerity of the re- pentance of those who desire to be admitted to the covenant and communion, they be not admitted thereto, till after exact trial /or some competent time, they give evidence of their repentance, and presbyteries are ordained, to make intimation of this act in all the kirks of their bounds, and to send in an account of their diligence to the commission. — ^ct Sess. 19. y^^/y 20. ^ss. 1649. WIDOWS. I. 'Tis recommended, 1. That every minister in Scotland \ dedicate the tenth of his stipend for one year, for the relief of ' the widows and orphans of the ministers of this church, and 'tis .appointed to be paid, in money and no otherwise, to the modera- tor of each presbytery, betwixt and the 15 May 1719; or be- twixt and the 15 May, 1721, with the ordinary annual rent thereof, from the said 1 5 May, 1 7 1 9, to the time that the same shnll be paid in. 2. That every minister thereafter to be ordained or admitted, within the bounds of any synod, within the space- of two years after his admission, pay in his said tenth, if he has ^aj Public Enemies, 2. not already paid it in another synod. 3. The money collected is appointed to be turned into a stock, and only the interest thereof to be distributed. 4. The contributors in every synod are appointed to have the management of what sums shall be collected, and given to the widows and orphans of ministers, who have served and contributed within their bounds. 5. No ministers' widows and children shall have any benefit from this fund, except their husbands or fathers have actually paid their tenth. 6. No ministers' widows shall have any title to the fund, after they shall be married to another husband, or children after marriage, or their being in a situation to do for themselves. 7. No wr-:ow or child entitled to a share of this fund, shall be allowed above L. 1 0 thereof. 8. If any other charitable disposed per- sons, besides ininisters, shall contribute, they shall have a vote and power in the management and distribution of the foresaid funds. 9. The assembly discharges any distribution to be made, but at the ordinary diets of the synod. 10. 'Tis declared, That such presbyteries, as have already settled a fund for their widows and children, shall be at liberty, either to keep and manage the same themselves, or join with the synod, as they shall think best. Lastly, 'tis declared, That if any event unforeseen shall fall in, that may hinder the execution of the above articles, in the man- ner proposed, the premisses shall be ordered and managed, ac- cording to further rules and directions to be given by the sub- sequent general assemblies of this church. — yict 4'. ^ss. 1718. II. The time, allowed by the above act, for ministers paying in their contributions, is extended to the term of Whitsunday 1725.— Jet 10. Jss. 1728. III. The time is further extended to the term of Whitsunday 1736, by ^ct 4. Jss. 1735. Nota. The above acts superseded by act of parliament 17. Geo. II. amended by act 19. Geo. III. 20. entitled, « An Act for raising and establishing a Fund,for aProvision for the Widows WIDOWS. 5521 and Children of Ministers of the Church of Scotland, and of the Heads, Principals, and Masters of the Universities." IV. That the said act of parliament may be easily and effec- tually executed, 'tis appointed. That every presbytery shall keep a separate register, wherein they shall record the names and parish churches of all the ministers, then members of their re- spective presbyteries, or who shall thereafter be admitted to a benefice within their bounds, with a particular account, if such ministers be married, with the dates of their first ordination or admission to a benefice in the church of Scotland, the names of all their present children, the day, month, and year, of the birth of such of them as are under the age of sixteen ; the names and dates of the birth of such of their children as shall thereafter be born; and likewise of their deaths, as the same shall hap- pen. And ordained. That every presbytery record the names and parish churches of the several ministers, who shall thereafter be admitted to a benefice within their bounds, with the particular dates of their respective admissions j and an account if such ministers be married, with the dates of the then marriages, or such of them as shall happen after their admissions; and shall also record the several facts relating to their children in like manner as above appointed, with respect to ministers then members of the church. And enjoined. That presbyteries record tlie time of the deaths of ministers, as the same shall happen; with the names of their widows, residing at the time of their deaths, or marriage within their bounds; as also the dates of the several vacancies that were vacant on the 25. of March then last, or shall thereafter happen within their bounds, with the causes of the vacancies. And in general, 'tis ordained. That presbyteries record from time to time, all other things that shall be found necessary by the trustees, for the more easy exe- cution of the said act; and that all ministers now entitled •to a benefice in the church of Scotland lodge, from time ta Zz S54 vrmd^s. time, in the hands of the clerk of their presbyteries, a partf-t cular condescendence of the facts relating to their respective cases, as the same shall happen; all which facts are ordained ta be entered distinctly by presbytery-clerks in the separate register, tinder proper columns, and regularly signed by moderators and clerks, and by ministers resj-yectively concerned, from which the presbyteries may annually make up the lists necessary for each year, and transmit the same duly attested to the trustees, as directed in the said act of parliament. — ^ci 4. ^ss. I?**. V. The above act renewed, and the observance of it strictly enjoined; and that it may be the more regularly and uniformly observed, appointed. That the several presbyteries keep sepa- rate registers according to the plan agreed upon by the assem- bly, and recorded in their register; and each minister is required duly to report to the presbytefy, either by himself or by letter, any alteration which shall happen, from time to time, in his family, at the first diet immediately subsequent to such altera- tion; or as soon as he possibly can. And appointed. That synods call for separate registers at least once a-year, and care- fully inspect the same, and attest. That they are kept according to the plan referred to in this act; which attestation shall be marked in the synod's records. And 'tis enacted. That every presbytery shall meet annually on such a day, betwixt the 1 1 of November and the 11 of December, as they shall judge most convenient (the presbyteries in the Western and Northern Isles excepted) and shall at such meetings prepare and transmit to the trustees clerk at Edinburgh, their respective lists for the preced- ing year, to the end that the trustees may be the better enabled ■with accuracy to carry on the scheme; and 'tis recommended to, and enjoined on presbyteries, so soon as this act shall come to hand, to insert the same, and also the above Act 4. Ass. 1744, in their separate register, and to acquaint such of their members as are absent of the contents of thi§ ^a 4. Jss. 1745, "Widows. 555 VI. The strict observance of former acts respecting what is required from presbyteries relative to tlie fund for a provision to the widows and children of ministers, is enjoined. And 'tis added to the foregoing Act 4. Ass. 1 7 ta, That when synods in- spect and attest the separate register, they are required to report their diligence to each general assembly : That the annual lists be transmitted from time to time to the trustees, and sent to tlie several presbyteries; and in case presbyteries shall fail in making their annual returns at the time, and in the manner foresaid, That the trustees exert those powers the law has put into their hands, for obliging presbyteries, to transmit their lists in a regular and uniform manner: And that each minister trans- mit to the collector his bond for L. 30, according to the form established by the general assembly, so soon as notice shall be given him by the trustees or their clerk, there is money in the collector's hands for payment of the same, as such ministers shall be answerable to the assembly. — ylct 4. Ass. 1747. VII. 'Tis appointed. That for the future, the separate regis- ters be divided into as many parts, as the respective presbyteries consist of parishes; and that the facts respecting the ministers and vacancies of every parish be stated under its own propei head, or division, marked with the name of the parish; and fur- ther, That when the abstract of the acts relative to the widows* fund is transmitted, every presbytery and university shall cause it to be bound up with a separate quire of paper, in order that whatever regulations shall be found necessary with respect to the fund, may be copied into the book; by which means the whole of the rules concerning the fund will be always at hand. — Act 4 yjss. 1757. ^5§ tClTCHCRAFT." WITCHCRAFT*. I. That all ministers within the kingdom carefully take noi tice of charmers, witches, and all such abusers of the people, and urge the acts of parliament to be executed against them; and that the commissioners from the assembly to the parliament re- commend to the said supreme judicature, the care of the execu- tion of the laws against such persons, in the most behooful way. Act Sess. 2. Jtilj 29. Jss. 1640. II. The assembly taking to heart the abundance and increase of the sin of witchcraft, in all the sorts and degrees of it, in that time of reformation, and finding the occasions of it to be these, especially, 1. Extremity of grief, malice, passion, and desire of revenge, pinching poverty, solicitation of other witches and charmers, for, in such cases, the Devil assails them, offers aid, and much prevails. 2. That the reasons and causes of Satan's prevailing are gross ignorance, great infidelity, want of the love of the truth, which God hath made so long and clearly to shine in the land, and profaneness of life. 3. That the means and ways to bring them to a confession and censure are. That a standing commission for a certain time be had from the lords of secret council, or justice general, to some understanding gentlemen and magistrates, within the bounds of presbyteries that should crave it, giving them power to apprehend, try, and execute justice against such persons, as are guilty of witchcraft "within these presbyteries; because many parishes wanted the concurrence of civil magistrates. 4'. That the grounds of ajv prehending them may be, a reigning bruit of witchcraft, backed with delations of confessing witches being confronted with them; also depositions of honest persons, malcfices committed, or curses Sec Gross Scandals. Gross Sins. WITCHCRAFT. S57 |lsed by them: That being apprehended, honest and discreet persons be appointed to watch them lest they should be suborned or hardened by others, or destroy themselves. G. That mini- sters be careful at all times, especially morning and evening, to deal with them by prayer and conference, while they are in pri- son or restraint. 7. The assembly found that the means to pre- vent this wickedness are, That ministers be every way careful and painful, in warning people of the dangers thereof, and of Satan's temptations both privately and publicly, and to instruct them in the knoAvledge of the gospel, and grounds of religion, by plain catechising, to urge lively faith in Christ, which faith witches bestow otherwise; also to press holiness of life and fer- vent prayer in private, in families, and in public, that they be not led into temptation ; and to use the censures of tlie kirk against profaneness, such as cursers, whores, drunkards, and such like, for over such the Devil gets great advantage. And finally, for preventing this heinous sin, that people seek knowledge, study to believe, walk in holiness, and continue constant and instant, in prayer; and because charming is a sort and degree of witch- craft, and too ordinary in the land, all ministers are enjoined to take particular notice of them, to search them out, and such as consult with them ; and that the elders carefully concur in such search; and that an uniform way of censuring those charmers, and such as employ them or consult with them, be thought upon; and every presbytery is ordained to take into their consideration, by what other ways or means the sins aforesaid of witchcraft, charming, and consulting with witches and charmers, and sick- like wickedness may be tried, restrained, and condignly cen» sured and punished, ecclesiastically and civilly, and to report their judgment therein to the next assembly. Act Scss, ult. Aug. 19. Ass. 16t3. III. Some ministers are appointed to consider seriously the growth of tlie sin of witchcraft, charming, and consulting, and ZoS V'lTNESSES. to consult and advise therein among themselves, and also with some lawyers and pliysicians therein named, severally or together, as occasion shall offer, of a way of trial and punishment of those sins, and to report from time to time to the commission, who were to report to the then next assembly. — ^ct Sess. ult. Aug, 6. Ass. 1G49. WITNESSES*. A list of the witnesses' names ought to be given to the de- fenders some time before, or at least at their compearance, and witnesses ought to be timously cited, and if they refuse, after three citations and executions returned, they may be proceeded against as contumacious, or after the first or second citation, ap- plication may be made to the civil magistrate to oblige them to compear. Forin Proc. cap. 2. ^ 9. Before witnesses be judiclal- iy examined, the accused person is to be called, and the rele- vancy of the libel discussed; and If a party make any relevant objections against the witnesses, and make his objections evident, the witnesses are to be cast, but the delator or informer may be a witness, except where he formally complains for his own In- terest, or that there be pregnant presumptions of his malice against the person accused. Ihid. § 10. Witnesses are to be so- lemnly purged of malice, bribe, or good deed, or partial coun- sel. Ibid. § 11. The witnesses are to be sworn and examined in presence of the accused party. If compearing, and he may de- sire such pertinent questions, or cross questions to be proposed to the witnesses, as may tend to his exculpation, but he Is not to interrupt the witnesses, or speak during the time of the de- poning. Ibid. $ 12. If witnesses cann9t subscribe, the clerk is to mark that they declare that they cannot write, and the mo- derator Is to subscribe, whether they can subscribe or not. — Ibid, $ 14. Act 11. Ass. 1707. W , -J- — I ' 'I f Sec E»culpa:ioat MiuisterS; S' § S' ?• tPORSHIP PRIVATE, tS^ WORSHIP PRIVATE*. T. That every minister, besides his pains on the Lord's day, shall have weekly catechising of some part of the parish, and not altogether cast off the examination of the people till a little before the communion: Also, that In every family the worship of God be erected where it is not, both morning and evening, and that the children and servants be catechised at home by the masters of families, whereof account shall be taken by the mi- nister and elders assisting him in tlie visitation of every family j and lest they fail, that visitation of the several kirks be seriously followed by every presbytery, for this end, amongst others; the execution and success whereof being tried by the synods, to be represented to the general assembly. — ^ct Aug. SO. Ass. 1639. II. That the several synods and presbyteries, especially these in the North, take care that family-exercise in religion, visitation of churches, catechising, keeping of presbyterial and provincial meetings, both by preaching and ruling elders, be carefully ob- served.— Act Sess. 11. Aug. 5. Ass. 1642. III. The following rules and directions, for cherishing piety, and preventing division and schism, are approven; and ministers and ruling elders in each congregation appointed to take care, that they be observed and followed; as likewise. That presby- teries and provincial synods enquire and make trial, whether they be duly observed in their bounds; and to reprove and cen- sure, according to the quality of the offence, such as shall be found reproveable or censurable therein ; and ministers and ruling elders are appointed to make diligent search and enquiry, in the congregations committed to their charge respective^ whether * See Itnlpiety. Domestic Remedies of Sins, 2. Profanencss, I. Directory for Worship, 360 MrORSHIP PRIVATB.' " there be amongst them any family or famUies, which use to ne- glect the necessary duty of family worship; and if any such family be found, that the head of that family be first admonished pri- vately, to amend that fault ■. and in case of his continuing therein, he is to be gravely and sadly reproved by the session ; after which reproof, if he be found still to neglect family worship, That, for his obstinacy in such an offence, he be suspended and debarred from the Lord's supper, as being justly esteemed unworthy to communicate therem, till he amend. Directions. — The assembly finds it convenient and necessary. That besides the public worship in congregations, mercifully established in this land in great purity, secret worship of each person alone, and private worship in families be pressed and set up; that with national reformation, the profession and power of godliness both personal and domestic be advanced. And, 1. For secret worship. That every one apart and by himself, be given to prayer and meditation morning and evening, and on other occasions: That pastors, within their several charges, press per- sons of all sorts to perform this duty; and that the head of every family have a care, that both themselves, and all within their charge, be daily diligent therein. 2. The ordinary duties com- prehended within the exercise of piety, which should be in fa- milies, when they are convened for that effect, arc these: First, prayer and praises, performed with a special reference, as well to the public condition of the kirk of God and this kingdom, as to the present case of the family and every member thereto. Next, reading of the Scriptures, with catechising in a plain way; with godly conference, and with admonition and rebuke, upon just rea- sons, from those who have authority in the family. 3. That the holy Scriptures be read ordinarily to the family, and that thereafter they confer, and, by way of conference, make some good use of what has been read and heard; as for example. If any sin be reproved in the word read, use may be made thereof^ %roRSHip private; 361 ip make all the family circumspect and watchful against the same; or, if any judgment be threatened, or mentioned to have been inflicted in that portion of Scripture which is read, use may be made, to make all the family fear, lest the same, or a worse ji^dgment bgfal them, unless they beware of the sin that procured it. And finally, if any duty be required, or comfort held forth in a promise, use may be made, to stir up themselves to employ Christ for strength to enable them for doing the commanded duty, and to apply the offered comfort ; in all which, the master of th? family is to have the chief hand : And any member of the family may propone a question or doubt, for solution; but that none take upon him to interpret the holy Scriptures, but he that is duly called thereto by God and the kirk; it being a part of the charge and office of the ministerial calling. 4. The head of the family is to take care, that none withdraw himself from family worship: That ministers stir up such heads of families as arc lazy, and train up such as are weak, to a fitness for these exercises; it being always free to persons of quality, to entertain one, approven by the presbytery, for performing family- exercises; and other families, where the head of the family is unfit, that one constantly residing in the family, approven by the minister and ,«essiop, be employed in that service^ wherein the Epinister and session are to be accountable to the presbytery. And if a minister, by divine providence, be brought to any family, that he convene the whole family for worship, excluding ncme, except in singular cases. 5. That no idler, who hath no particular calling, or vagrant person, under pretence of a calling, be suffered to perform worship in families. 6. 7. That each fimily keep by themselves at family-worship; neither requiring, inviting, nor admitting persons from diverse families, unless it be those who are lodged with them, or at meal, or otherwise with them upon some lawful occasion. 8. On the Lord's day, ^fter every family apart, and the whole family together have 3 A 352' iVORSHIP PRIVATE^ sought the Lord to fit them for the public worship, and bless t9 them the public ordinances, the master of the family is to take care, that all under his charge repair to the public worship ; and that being finished, after prayer, he should take an account of what they have heard, and thereafter spend the rest of the time wliich they may spare in catechising, and in spiritual conferences upon the word of God; or else, going apart, they ought to apply themselves to reading, meditation, and secret prayer. 9. So many as can conceive prayer, ought to make use of the gift of God, albeit those who are rude and weaker may begin with a set form of prayer; but so as they be not sluggish, in stirring up in themselves the spirit of prayer; and in the meantime, that these materials of prayer be meditated upon, and made use of, as follows : Let them confess their unworthiness and unfitness for worship, and therefore ask of God the spirit of prayer; con- fess their sins, and the sins of the family, accusing, judging, und condemning themselves for them, until they bring their souls to some measure of true humiliation for them; pour out their souls to God, in the name of Christ, by the Spirit, for forgiveness of sins, for grace to repent, believe, and to live soberly, righteously, and godly, that they serve God with joy and delight, walking before him; thank God for his mer- cies to his people and to themselves, especially for his love in Christ, and for the light of the gospel; pray for such particular benefits spiritual and temporal, as they stand in need of for the time ; pray -for the kirk of Christ in gene- ral, for all the reformed kirks, and for this kirk in particu- lar— for all that sutfer for the name of Christ — for all our supe- riors— for the King's Majesty, &c — for the magistrates, mini- sters, and the whole body of the congregation whereof they are members — for their neighbours, absent and at home ; they are to close with an earnest desire, that God may be glorified in the tomin^ of the kingdom of his Son^ anU m tlie doing of his will} WORSHIP PRIVATE. («6S ftnd vfith assurance that themselves are accepted, and what they have asked according to his will shall be done. 10. These ex- ercises ought to be performed in great sincerity, witliout delay, laying aside all exercises of worldly business or hindrances ; and .to this efFect, persons of eminency, and all elders of the kirk, ought not only to stir up themselves and families to diligence therein; but also to concur effectually, that in all other families where they have power and charge, the said exercises be con- scionably performed. 1 1 . Besides the ordinary duties which are above-mentioned, extraordinary duties, both of humiliation and thanksgiving, are to be carefully performed in families, when the Lord, by extraordinary occasions, private or public, calleth for them. 12. Every member of the kirk ought to stir up tliem- selves, and one another in the duties of mutual edification, by instruction, admonition, rebuke, and exhortation to duty, by comforting the feeble-minded, and praying with, or for one another; which duties respective are to be performed upon several occasions, offered by Divine Providence ; as namely, when under calamity, cross or great difficulty, counsel or comfort is sought; or an offender is to be reclaimed by private admonition; or, if that be not effectual, by joining one or two more in the admo- nition, according to the rule of Christ. 1 3. That persons trou- bled in conscience, finding no case after the use of all ordinary means, private and public, have their address to their own pas- toi', or some experienced Christian ; But if the person troubled in conscience be of that condition, or of that sex, that discretion, modesty, or fear of scandal requireth a godly, grave, and se- cret friend to be present with them in their said address, it is expedient that such a friend be present. 14. When persons of diverse families meet abroad upon their particular vocations, or any necessary occasions, they ought to take care, that the du- ties of prayer and tlianksgiving be performed, by such as the company shall judge fittest ; and that they use np corrupt, but SG* WORSHIP PUBLIC. edifying communication. — See these directions more fully in ^ti% 19 Aug. 24. Ass. 164<7. IV. Recommended to ministers and elders in each congrega-- tion, to take care that the worship of God, and calling upon his name be daily performed in all families; and the Act of Assem- bly IGQ*, (a) which recommends, that none be ruling elders who make not conscience of this unquestionable duty, is renew- ed. And appointed. That in case any elder or deacon shall ne- glect to worship God in their families, by themselves or others appointed for that effect, that they be seriously admonished to amend, and, if need be, rebuked for the same : And if, notwith- standing of the admonition and rebuke of the minister and other ciders, any elder or deacon continue obstinate in their neglect, that such elder or deacon be removed from his office by the presby- tery.— Jci7. Ass. 1697. V. Seriously recommended to presbyteries, to use their ut- most endeavours that the worship of God be set up and per- ' formed in all its parts, in the families within their bounds, ac- cording to the former acts of assemblies, and directions given concerning the same. — Act 7. Ass. 1711. WORSHIP PUBLIC*. I. Every mini<;ter charged to be diligent in fulfilling his mi- nistry; to be holy and grave in his conversation; to be faithful in preaching, declaring the whole counsel of God, as he has oc- casion from the text of scripture; to reprove the sins and errors, and press the duties of the time; and in all these to observe the rules prescribed by the acts of the general assembly; and if he be negligent therein, that he be censured by his own presbytery. * See Lord's Supper, 2, Kirks, ?• {a) Profaneness, i. V WORSHIP PUBLIC. 365 As also, every member in every congregation, is ordained to keep his own parish kirk, to communicate therein in the word and sa- craments, except in urgent cases, made known to, and approven of by the presbytery ; otherwise, that the ministers of these congre- gations whereto they resort, do both in public, by preaching, and in private, by admonition, shew their disHke of their withdraw- ing from their own ministers; and the ministers of that congre- gation from which they withdraw, shall labour, first by admo- nition, to reclaim them; and if they amend not, shall delate them to the session, who shall cite and censure them, as contemners of the comely order of the kirk; and if the matter be not taken order with there, that it be brought to the presbytery: For the better observing whereof, that the presbyteries, at the visitation of their several kirks, and provincial assemblies, in the censure of the several presbyteries, shall enquire thereanent ; which en- quiry and report shall be registered in the provincial-books, that their diligence may be seen in the general assembly. — Sess. 19, u^i/jT. 24. ^ss. 1647. II. 'Tis recommended to persons of all ranks to forbear bow- ing, or other expressions of civil respect, and entertaining one another with discourses while divine worship is performing, and holy ordinances are dispensing; and that, as to this matter, people carefully observe what is enjoined in the first head of the assem- bly's directory for the public worship of God in this ehurch. — ^ct 4. Jss. 1709. Nota. The directory Is ratified by Act Sess. 10. Feh. 3, Ass, -4 1645. (a) (a) Directory for Worship, 2* ' TtJLE D4T. — ZETLAND PEESBYTERY* Y. YULE DAY. That whatsoever person or persons, after the date of this act, should be found guilty of keeping of Yule day, and other super- stitious days, be proceeded against by kirk-censures, and shall make public repentance therefore, in the face of the congregation where the offence is committed; and that presbyteries and pro- vincial synods take particular notice, how ministers try and cen- sure delinquents of this kind within the several parishes; and scholars or students, being found guilty, be severely disciplined and chastised therefore by tlieir master; and in case the masters of schools or colleges be accessory to the said superstitious profani- ty, by their connivance, granting of liberty of vacancy to their scholars at that time, or any time thereafter in compensation there- of, that the masters be summoned by the minister of the place, to compear before the next ensuing general assembly, there to be censured according to their trespass; and if scholars, being guilty, refuse to subject themselves to correction, or be fugitives from discipline, that they be not received into any other schools or colleges within Scotland. — Act Sess. ult. Feb. 13. Ass. 164:5. Z. ZETLAND PRESDYTERY*. TIs declared and ordained, That the whole ministers and el- ders of the presbytery of Zetland shall not be tied, after the * Sec Caithness. Commissions of Aseemblies, 22. Annexations^ 3. 4. 9. vc. ZETLAND PRESBYTERY." 367 date of tills act, to come to the meetings of the provincial of Caithness; but that the half only of the number of the ministers of that isle, with their ruling elders, shall be obliged to keep the meetings of the said provincial assembly in time coming-, in respect of the great distance of that Isle from the land, and the uncertainty and dangerousness of the passage from and to the same. — Act Sess. 2. Aug. 16. Ass. IG'^l. THE END. t^r: dr't>o :* h INDEX ACTS OF ASSEMBLY. Abbots - - - - Aberdeen - _ - Abroad _ _ _ Absconding Absence of the party Accusers Acts of parliament of prov. assemblies of secret council Adamson, Mr John Admission of minist. Admonition private • pastoral Adulteries Affairs public Age of ministers of elders Agents Allowance to proba- tioners - Ambitus reus Anabaptistical errors Angus and Mearns Annan presbytery Answer Antinomian errors Apology for Bourignon Apostates Appellations Application of doctrine Archdeacons Titles of Dignity. Correspondence. Annexations, 6. 7. North, 12. 15. Irregular l^icensing, &c- Fugitives from Discipline. Probation. Excommunication Gr. §7.8. Informers. Ministers, 5. § 3. 4. Child-murder. Pecunial pains. Provincial assemblies. Confession of faith, 4'. Separatists, 3. Intrants. Expectants. Minist. admission. Single acts of uncleanness. Appeals, 6. § 8. Ministers, 5. § 8. Warning, 4. - Father, §11. Gross scandals. Gross Sins. Remedies Ecclesiastic. - Commissions of Assemblies. - Ministers admission, 1. - Ruling elders, 3. § 1. - Commissioners to assemblies, 10. - North, 15. - Ministers corruption in office, § 3. Books Erroneous, 1. - Synods Meeting, 1. Correspondence, 3. Annexations, 7. Annexations, 17. - Declaration. Letters. - Books erroneous, 1. Bourignon. Pppists. Appeals. Silence of Ministers. their calling, § 9. Titles of dignity. 3H Corruptions in Argyle - - - Arminian errors - - Asserab!y-house - - Assoilzieing - - ^ n.iance on assem'jl. — on coiamis. A., siations A'lchterarder - - Authority of Assembl Bain, Mr James Ballintrae Banns - . - Barks _ _ - Behaviour in worship Benefice Bieniazeuski, Mr. N. Biggar Bishops Boats - - - Books - - - Book of com. prayer of pohcy — — of consecration and ordination Borders Boston, Mr Thomas Bothvvell schoohriaster Bounds of elders Bounty royal Boyd, Mr William - Bridals Caithness presbytery - and JSuth^^r- laiid Synod Catling of assemblies of ministers Calmunncl parish - - Cards Carriers INDEX. Annexations, 1. Erroneous Doctrine, 1 . Preaching, 1 . Ordering assembly-house. Exculpation. Commissioners to assemblies, 6. 8, Co .mission members, 1. 3. 4. 7. Burgas, .•. Registers, 3 Commissions to members of assemblies. Formula. Commissions of assem. 43 . Discipline, 1. < B. Deposed Ministers, 12. Annexations, 5. Marriage. Lord's day, 4. Worship- Old Ministers. Lithuanian Students, 2. Annexations, 2. Excommunication, 1. Episcopacy. Lord's day, 4. Session. Synod. Commission-books. Separation. Evils of the kirk. Com. prayer-book. Judicatories. Ordination. Schools, 2 § B. Deposed ministers, IL Schoolmasters, 7. Remedies ecclesiastic against Profane- ness. Commissions for reformation, Reponing to privileges, 1. Penny-bridals. Lykewakcs. C Annexations, 3. 4. Ibid. 13. Confession of faith, 6. Min steis' corruption in office, § 2. 3. 6. 8. 7. Ministers' admission, 2. J^nnexatio^s 5. Mln'sfcrs' corruptions in person, § \. keiuLdies ccckb. against profan. § 7.. Carsfern parish CampbeU, Mr Archb. Catechists Censures, privy Chaldalc Language Chaplains Chapters Charges of the church of ministers Charmers Chief burghs Children Church communion government .judicatures men • officers Civil sanction remedies offices Clandestine marriage - Clerks of assemblies - •~ of commissions Colleges Colonels Committee for censures • of estates Common Tunes - - Communicants Competing of calls Complainer Complaints Compliers with enemies Concealing the fatharof a child Conference Confirmation Conform, or episcopal ministers Consecration Consent of the people Consulting with spirits INDEX. Annexations, 5, 8. Doctrine, 9. Christ, knowledge, 3. Com. for ref. Censures, I. Schoolmasters, 3. Chris- tian knowledge, 5. Students of theology, 1. Schoolmasters, 2. Titles of Dignity. Commissioners to assemblies, 1. 2. Public u'oney. Ministers' corruption in office, § 4. Witchcraft. Gross scandals. Transportations, 1 §9. Baptism, 2. Vacant churches. Christ. knowledge,3. Communion. Universities, 5. Correspondence. C Ministers. Ordination of ministers. ^ Places civil. Evils of the kirk. Ratification. Remedies. Places civil. Evils of the kirk. Irregularities Separatists, S. Marriage. Assemblies, 3. Commission, to assem.6. Commission members, 1. 3. Visitation of kirks. Universities. Army. Papists, S § 6. Commissioners to assemblies, 5. Declaration, 5. 9. Psalms, 5. Tunes common. Lord's Supper. Calls, 1. Ministers, 5. §2. 3. Ministers, 5. §2.3. Assemblies, S, Public enemies, 2. Father. Profaneness, S. § 5. Articles of Perth, § 4. Instructions, 12. North, 2. Ordination, 1. Con_ regations. Witchcraft. Contrary oaths Contribution Controversies in religion Converts from Popery Corruptionsof thctimes I in the ministry Court attendance pro- hibited in ministers Craig, Mr William Crucifiers Cursing and swearing Daling, Mr Alexander Dairy parish Dangers of religion Deans _ - - Debarring from the communion Decreet of modication and locality Defaming Degrees Deists _ _ - Demission Depositions of witnesses Dicing - _ - Dictates Diets of assembly — — of divine worship Dignity Dilapidation - Directing of speech Directory for electing ministers Disjunctions Disobedience to church judicatures Disorders Disputations Divinity Division Doctor Domestic remed.of sins INDEX. Oaths. Christ, knowledge. Schools, 4. Bursaiis, Students of Theology, 1. Presb. meet. Papists, 6. Ministers, 1. 2. Silence of ministers. Ibid. Ibid. Ministers' corruptions in person, § 5. Formula, 1. Idolatrous monuments. Profaneness, 3. § 6. D Schismatics, 8. Annexations, 5. 8. Declaration, 4. 6. Titles of Dignity. Remedies partic. ecclesiastic of sins, 4. Stipends, 4. Confession of parties. Confession of faith, 5. Atheism Old ministers. Ministers corruption in office, 1 1 . Witnesses. Ministers corruption In person, § 1. Professors of Theology, 3. Ordering assembly-house, 1. § 2. Lord's day, 1. Kirks, 2. Old ministers. Ministers' corruption in office, § 10. Visitations presbyterial, 12. Ordering assembl) -house, 1. § 3. Election of ministers. Annexations. Schismatics. Schism. Presbyterial meetings. Professors of Iheol. Bursars, 2. 7.8. 12. Unity. Professors of Theology. Jlemedics of sins. Dornoch presbytery ■ ■ parish Drunkeness Duty of elders - Ecclesiastic government — processes • rem. of sins Edinburgh Educating Education of youth Elders _ _ _ bounds duties ruling Elections to assemblies Elements communion Employments secular discharged in minist. Enemies Engagement in war with England England English Schools Enormities of ministers Episcopal preacliei's Erastianism Errors - - - Erroneous books Erskine, Mr Ebenezer Mr Ralph Examination Execution Exercises religious theological - Expedite way of plant- ing the North INDEX. Annexations, 9. Ibid. 17. Profaneness, 2. 3. Remedies ecclesiastic against profane- ness, 2. Profaneness, 8. E Propositions, § 5. 6. 7. Printing, 2. 3. Remedies of sins. Transportations, 1. § 2. Ministers' corruption in office, § S. Remedies domestic. Schools. Schoolmasters. Remedies eccles. against profaneness, § 2. 12. Confession of fiith, 7, 9. War. Profaneness. Worship priv. Remedies eccles. against profaneness, 2. Ibid. 12. Commissions to asscm. Ruling elders. Commissioners to assemblies, G. 8. Lord's supper. Confession of faith, 3. Evils of the kirk. Ministers' corruption in pers. Public enemies. War unlawful. Declaration. Marriage,2. Letters, III.V. IX. X. De- claration, 2. 4. 5. 7. 8. 9. Unity. Parliament of England. Highlands, 1. § 3. 5. § k Ministers, 1. 2. Discipline. Separatists. Propositions. Confession of fiith. Ordination. Bou- rignionism. Gross Scandals. Books erroneous. Schismatics, 2. 3. Jj. 6. 7. Ibid. 1. Catechising. Citation. Ministers, 5. § 5. Impiety. Worship private. Students of theology. Noi-th. Expences of commlss. Exposed children Extracts Faith - - - Family exercises Farquhar, Mr James Fault first Fernie, Mr Thomas - Fife synod Fines _ - - Fisher, Mr James Fishing Forces . - - Forms of commissions of attestations of process Free election Freedom ministerial Gairloch presbytery Galloway synod Gaming Gardin, Dr. George Geddcs, Mr John General assembly Gibb, Mr John Gibbs, Mr Thomas - Gilchrist, Mr James Gillespie, Mr Thomas Glcneld Government civil of the kirk Governors of youth Graham, Marq. of Mon- trose's proclamation Grammar 1 — — — — schools 5 Greek tongue - Gross ignorance Haunters with Papists INDEX. Commissioners to assemblies, 1. 2, Commission members, 1. 3. Baptism, 2. Acts of assembly, 2. 3. F Confession of faith. Doctrine, 1. Remedies domestic. Visitations minist. Worship private. Profaneness, 1. Schism, 2. Single acts. Schismatics, 8. Synods meeting, 8. Pecunial pains. Schismatics, 2. 3. 5. 6. 7. Lord's day, 2. Army. C Commissions to members of as- ^ sembly. Process. Congregation. Transportations. Schismatics, 4. G Annexations, 11. Synods meeting, 7. Ministers' corruption in person, § I . Bourignionism. Schismatics, 1. Assemblies. Fasts, 2. 3. Schismatics, 1. Ordination of ministers, 3. Separatists, 3. Schismatics, 8* Annexations, 11. Exhortation Propositions, 5. 6. 7. Universities. Schoolmasters, 2. Proclamation. Schools, 2. Universlties,2. Visitations of kirks, 2. § 1. 2. Visit, of kirks, 2. § 4. Stud, of Theol. Propositions, § 4. H Papists, 13. Haunters with excom- municated persons Healtlis drinking Hebrew language Henderson, Mr John Hepburn, Mr John - Heresy H terodoxy Hi best censures H'ji;hland boys language '- Kirks Holyu.iys Holland Honours Hostleries House Humiliation - Hunter, Mr Daniel , Mr David Husbands Idolatry Ignorant persons Images Immorality Imprudence Incest Independency Inferior judicatories Inhdelity Interpreter Interrogators Intimation Intrinsic power Irish Itinerant preachers Jus devolutum Keeping of the kirk Kells parish King INDEX. Excommunication 2. 3, Ministers remeui?s of enormities, § 11. Students of Theology, 1. Declai-ation, 10. Separatists. Schism, 1. Excoaimun. greater. Gross scandals, 2. Ministers, 5. § 8. Gross scandals, 2. Highlands. Ibid. Expectants, 4. 5. Schools, 2. § 5. 5. Articles of Perth. Letters Vi. Lurial in kirks. Minihiiers' corruption in person, § 3. Ordering assembly-house. Fasts. Schismatics, 1. Ibid. 8. Absence of husbands. I Gross scandals. Remedies eecles. of sins, 4'- ag. prof. 1. Idolatrous monuments. Profaneness Books erroneous, 3. Ministers' enormities in calling, ^10. Informers. Students of Theology. Gross scandals. Books erroneous, 1. Propositions. Deposed ministers, 6. Books erroneous, 3, Highlands, 5. § 3. Witnesses. Ministers, 5 § 7. Corresp. Absol. 1 Excommunicatioa lesser and greater. Assemblies, 2. Confession of faith, 6. Evils of the kirks. Petition Commissions for reformation. North, 15. K Worship public. Annexations, 5. Letters, Vll. Remonst. E.\hortatipn» Kirk government men offices officers Kirks in the Highlands Kirkcudbright Kirkmabreck Kirkwall presbytery Synod Kneeling Knowledge Langholm presbytery - Large declaration Larsjer catechism o Latin language Laureation Law suits prohibited to ministers Lawyers League solemn learning Leechman, Mr William Lewis presbytery Liberty of conscience - Licensing Linning, Mr Thomas Lists of absents from the INDEX. Ordination. Proposition, § 5. G. 7. Places civil. Congregation Rebels, 2. Expectants, 4. 5. Annexations, 5. 8. Ibid. 8. Annexations, 3. 10. 12. Ibid. 12. Articles of Perth. Christian knowledge. Catechising. L Annexations, 17. Declaration, 1. Catechism, ii. Visit of kirks Univcrs. 2 Schools, 5. Schools, 5. Ministers' corruptions in person, § 5. Commissioners to assemblies, 10. Covenant. Schools. Univers. !•. Visit, of kirks,2.§ 9. Doctrine, 1 1. Annexations, 16. Propositions. Irregular licensing. Reponing, 1. commission Commission members, 1. 3. of expectants Expectants, 4. 5. Papists,!. 3. §5. 4.§1. 11.13. 1 5. 17. of probationers Probationers, S. of witnesses Witnesses. Locality of stipend Stipends. Lochaber New erections, 1. Logic Visitation of kirks, 2. § 3. London Letters, X. Lorn presbytery New erections, 1. Annexations, 14. Lothian and Tvy-^ccdale Synods meeting, 5. Lowlands Irish language, 2. Loyalty Universities, 6. Declaration, 7. G. 8, Exhortation. Letters, VII. 5. Sup- plication, 4. Schoolmasters, 4 . 6. M M'Kenzle, Jvlr Colin Discipline, 1. M'Millan, Mr John M'Neil, Mr John Magistrates' duty Maintenance of minist. Mair, Mr. Thomas Mahcious persons Manse Marrying with Papists Masters of colleges Mearns Members of assembly Memorial Middlebee presbytery Mills Minister's converse — deposed duty - — provision — of regiments Ministerial Visitations Minutes of the assembly Missionary ministers and preachers Modification of stipend Moncrief, Mr Alex. Monday's markets Money Monuments - Mortifications Mull presbytery Murder Narrative National covenant Negative oaths voice INDEX. Separatists, 3. Schism, 1. Ibid. Ibid. 2. Propositions, § 8. Old ministers. Stipends. Kirks, 1 . Schismatics, 1. Scandals, 1. Glebes. Papists, 10. Lord's day, 3. Schools, 5. Annexations, 7. Synods* meeting, 1. Commissioners to assemblies. Grievances of the church. Commissions of assemblies, 24. An- nexations, 17. Lord's day, 2. Ministers corruption in person, § L 2. 6. 7. Remedies of their enormities, §6. 10. 11. Remedies ecclesiastic against profancness. Deposed ministers. Excommunica- tion, 1. 3. Profaneness, 1. 2. 3. 8. Burghs, 2. Oldmin. Stipends. Krks, 1. Papists 3. § 6. Army, 1. 2. Visitations Ministerial. Ordering assembly-house, 1. § 5. Commissions for reformation. Com- mission, to assemblies, II. Stipends, 1. 4. Schismatics, 2. 3. 5. 6. 7. Markets. North, 12. 15. Probat. 6. Publ. money. Burial in kirks. Idolatrous monuments. Visitations presbyterial, 2. Stipends, 2. Annexations, 14. Ministers corruption in office, § 8'. Re- nied. eccles. against prof. Child-murd, N Father. Conf. of faith, 3. 4. 5. Covenant. Declaration, 6. Kirk-sessions, 1. 31 Negligence Nenthorn Netherlands New '1 estam in Irish Noblemen's residence Non-communicants Non-residence North Isles presbytery Oath of abjuration — — of purgation Obligments by bursars Ocker Offenders Officers, office-bearers in the church Officers ciyil Opinions Orders in the kirk Ordination without a fixed charge Oriental languages Orkney bishop presbytery Orphans Paganish customs Pamphlets Papers Parliament of England Parish judges Parochial schools visitations Passions Pastors Patrons, patronage Peace Pedagogues Penalties - Perth . and Stirling INDEX. Ministers. Annexations, 19* Letters, VI. Bibles, § 1. Transportations, 1 . § 4. , Papists, 1.3. Pecunial pains. Ministers corruption in person, § 4e» Annexations, 10. O Abjuration. Purgation. Bursars. Ministers corruptions in person, j 3. Ibid. § 6. 8. Congregations. Rebels, 2. Places civil. Atheistical opinions. Irregularities. Ordination of ministers, 5. Students of theology, 1. Commissions of assemblies, 22. Episcopacy, 2. Annexations, 3. 4. 9. 10. Widows. P Libraries, 3. Books erroneous, 1. 2. Declaration, 5. 9. Parliament of England. Exhortation. Remedies civil of sins. Profaneness,2.3. Schools. Visitations presbyterial. Ministers, 5. § 12. Congregation. Grievances of tlie church. Representa- tions. Commissions of assemblies, GO. Lenity in religion. Papists, ^- § 4. 5. 14. Schoolmasters. Pecunial pains, 1. Articles of Perth. Synods meeting, 2. Philosophy *> Pious uses Place of repentance Pleas of law Poesy Policy book Poor Poor's money Popery Popish persons Power Intrinsic Preachers Preaching deacons Precentors, or readers Prelacy Prelatic preachers Presbytery books seats Presbyterian governm. Prescription of censures Presumptions Principal places of the realm Priors Private administration of sacraments ———admonition schools -worship Privy censures Privileges of the kirk - of the North Processes agt. ministers Proclamation of banns Procurators Profaners of the Sabbath Profession of repentance Promise of marriage Promiscuous dancing Protestation INDEX. Visitation of kirks, 2. § 5. Univers. 2. Students of philosophy. Pecunial pains. Absolutioir, 1. Gross scand. 2. Ministers corruption in person, § 5. Visitation of kirks, 2. § 2. Judicatories. Collections, 1. Beggars. Visitations presbyterial, 2. Papists. Ibid. Ass. 2. Conf.offaith,6. Ev. of the kirk. Irish bursars. Probationers. Titles of dignity. Congregations. Expectants. Schools, 2« Schoolmasters, 1. Evils of the kirks. Discipline, 1. Separatists, 3. Papists, 4. 11. § 3. Schools, 2. § 1. Unity, 1. Censures, 2. Overtures, I- Uncieanness. Presentations to benefices. Titles of dignity. Irregularit. Lord's sup.3. Art. of Perth. Spreading of scandals. Uncleanness. Appeals, 6. §7. Visitation of kirks, 2. § 3. Worship. Censures, 1. Remedies Ecclesiastic against profanen. 1 1 . Profanen. 3 §3. Universities, 5. 6. Oaths, 2. North. Ministers, 5. Marriage, 1.3. 4. 5. 6. Commissioners to assemblies, 10. Lord's day. Absolution. Grossscan.2.§4!, Min.S.^-L Overtures, 2. Dancing. Lykewakes. Dissenting voices. Provision of Ministers Public worship Purity of doctrine Quadrllapse in fornicat. Qualification of intrants to the ministry of minist. of members of assembly •— — to vote for ministers Quality, pers, of quality Questions Rabbling Readers, reading Rebuke private public Receivers of Papists of cxcom.pers. Receiving deposed min. Reception of converts from Popery Recom. for charity Records Reformation and Revo- lution principles Refusing of voices Regents Regiments Relaxation Relevancy Religion Repentance public Restoring of ministers Representations in ass. Reproof Rescissory acts Residence of noblemen INDEX. Burglis, 2. Stipends, Ir "Worship. Doctrine. r. ^ ... Remedies ecclesiastic agamst profanen. Probationers. Stud, of Theology. Ministers. Commissions to members of assembly. Commissioners to assemblies. Burghs, 1.3. ^Election of ministers, 2. Remed. eccles. against profaneness, 9. Ministers, 7. Probationers, 3. Rolls. R Transportations, 3. Remedies domestic of Sins,4. Congreg. Expect. 2. Schools, 2. Schoolm. 1. Uncleanness. Relapse. Scandals, 4. Gross scandals. Papists, 9. 13. Excommunication, 2. 3. Deposed ministers, 3. 5. 6. 7. Papists, 7. 8. Chanty. Syn.books. Com.book.Sess.books. Reg, Preaching, 2. Dissenting voices. Schools. Schoolmasters, 2. Army, 1. Grossscand. Rem.gen. eccles. of sins,§3, W itnesses. Universities, 3. 5. 6. Remed. eccles against profaneness, 4. 5 Gross scandals. Absolut. Excom. gr. Dep min. 3.5.6.7.8. Min.5 §13 Repon. Commissioners to assemblies. Remed. eccles. against profaneness, 6. Acts of assembly, 7. Transportations, 1.^4. Revisers of books Richardson, Mr And. Rolls of expectants - — of callinar O Ross synod Royal bounty Sabbath - breaking Sackcloth Sacrament Sacramental test Sailing St. Andrews Salmon fishing Salt pans Sanction civil Saturdays markets Scalloway Scholars - _ _ Scriptures Seaforth, Earl - Sealing ordinances Seasonable warning Secret council - — — worship Secular trades discharged in ministers Seeking of presentations Separate register Sermons - - - Servants - Service books Sessions, and their diets Shiels, Mr. Alexander Ships - - . Shorter catechism Shortening of processes Simony Simpson, Mr. John Sins of the times INDEX. Rolls. Synod books, 5. 6. Schismatics, 8. Expectants, 4. 5. Ordering assembly-house, 3. North, t. Annex. 9. 10. Syn.meet.4.6. Commissions for reformation. S Lord's day. Rem. eccles. agt. profane. §7. Profan. 2. Ibid. § 5. Articles of Perth. Bapt. Lord's supper. Min. 'corruptions in office^ §6.7. Re- medies general ecclesiastic of sins, 2. Grievances of the church. Lord s day, 4. 5. Transportation, 1. § 3. Lord's day, 2. 3. Ibid. 2. Ratification. Markets. Annexations, 3. Universities. Worship private, 3. § 2. 3» Excommunication, 5. Communion. Warning. Confession of faith, 4. Worship. Ministers' corruption In person, § 3. Ministers' corruption In office, § 3. Widows, 4. 5. 6. 7, Funeral sermons. Profanencss, 1 . Remed. domestic, § 1 . Evils of the kirk. Common prayer book. Ministers corruption in office, § 8. Kirk sesion. Army, 1. Reponing, 1. Lord's day, 4. Catechism, 4. Competency, L Simoniacal practices. Doctrine, 2. 3. 4. 6. 7. S. Silence of ministers. Remed. of sins. Sisting process Skipj>ers Skye presbytery Smuggling - _ - Society, or fellowship meetings Socinian errors Soldiers ... Solemn league - - Solicitationsfor benefices Solicitors Sorcerers Speakers against the covenant - • Speech directing Spence, Mr. John Scriptural songs Sponsors Stark, Mr. Robert, Kinross Torryburn Stirling - - . Strangers Stranraer presbytery Strathbogie Students, and having Irish - - - Subscribers to the co- venant - - Sub-chanters Summary excommuni- cation Summons Superior judicatories Superstitious days Supplies - - - ■■ for the North Supplying of registers INDEX. Single acts. Relapse. Lord's day, 4-. Annexations, 1. * Running of goods. Impiety. Erroneous doctrine, 1. Army. Covenant. Pai-1. of Engl. 3. Ex- hortation. Ministers' corruptions in office, § 2. 3. Commissioners to assen:iblies, 10. Gross sins. Covenant, 1. Ordering assembly house, 1. § 3. Schismatics, S. Scriptural songs. Baptism. Schismatics, 1. Ibid. 8. Synods meeting, 2. Communion. Remedies ecclesiastic against profaneness, § 8. Annexations, 5. Ibid. 6. Probationers, 5. Irregular licensing, 2. Bursars. Covenant, 2. •I'. 6. Expectants, 2. Students of philosophy. Titles of dignity. Excommunication greater. Remedies general ecclesiastic, § 3, Citation. Gross scandals. Deposed ministers, 6. Yule day. Vacant churches. North, 1. 4. Registers. Suppression of parishes Suspending from the Lord's table - Suspension Sutherland synod Swearing Synods _ - - acts Tack - - - Taylor, Mr. John Theatre Theology Thomson, Mr. James Time of going to church Toleration Tong presbytery Trade illicit Trades secular discharged in ministers Translations and paraphrases Transplantations Travellers Travelling Trials of intrants of ministers Trilapse in fornication Tweeddale synod Uist presbytery Uncustomed goods Uniting of churches University of Edin. Unlawful bond Unqualified ministers preachers Unsoundness in doctrine INDEX. Annexations, 13. Scandals, 4. Propositions. Deposed ministers, 9. Separatists, 1. Annexations, 3. North, 4. Profaneness, 3. Dissenting voices. Visitation of kirks. Provincial assemblies. Novations. Provincial assemblies, 3. T. Ministers corruption in office, ^10. Separatists, 3. Ministers, 9. Bursars. Professors of theology. Stu- dents of theology. Schismatics, 7. Kirk. Represent. Grievances of the church. Annexations, 13. Running of goods. - Ministers corruption in person, § 3. Scriptural songs, i: Transportations Lord's day, 5. 6. Ibid. Minist. corruptions in office, §1.2. 4-. Remed. of their enormities, § 2. Intrants, 3 Expcctants^l. 3. 6'. Stu- dents of theology, 1. 3. Schools, 3. Probationers. Visitation of kirks, I. Ministers' trials. Remed. eccles. against prof. § 5. Synods meeting, 5. U. Annexations, 16. Running of goods. Plantation of kirks. Edinburgh university. Bond. Irregular licensing. Ibid. Ministers, 5. § 8. Usury, ocker Vagrant teachers Viaticum Visitations by elders Visiters of books Voices Voting Wales, prince and prin- cess of Wardlaw, Mr James Webster, Mr James Weddings Weekly catechising preaching Wigton presbytery Wilson, Mr Gabriel Wilson, Mr William Withdrawers from ordi- nances Women married unmarried Word Yearly general assem- blies Young men Zuile day - " INDEX. Ministers corruption in person, § J}. V. Schoolmasters, 6. 8. North, 12. 15. Probationers, G. Remed. eccles against prof § 2. Rolls Synod-books. Bursars, 5. Dissenting voices. Kirk-sessions- Ibid. Ibid. W Prayer, 6. 7. Address, IS. 46. Schismatics, 1. Doctrine, 2, 3. Penny-bridals. Remedies partic. ecclesiast. of sins, § 1. Ibid. Annexations, 5. 8. Doctrine, 5. Schismatics, 2.3.5.6.7. Worsh. private, 3. § 4-. 8. W. public. Absence of husbands. Father. Propositions. Y Assemblies, 2. Evils of the kirk. Ministry. Z Yule day THE END. Printed by R. ARMSTRONG, HAWICK. SUPPLEMENT. [^'he foregoing alphabetical abridgment is brought do'tson only to 1802 inchisive. The following are the most important proceedings of the Assembly from that time to 1810 inclu- sive.'^ The Assembly of 1 803, upon the report of the Committee for Overtures, agreed to retransmit the overture concerning the Licensing of Probationers, for the further Consideration of Presbyteries ; and in the mean time converted the same into an Interim Act, as follows : " X HE General Assembly having taken under their serious i S03. consideration, the great danger to which the interests of re- i„t^^^i^C^nd ligion and of tliis church may be exposed, by licensing any to |;,"s„J''p,^i;':"" preach the gospel who are not duly qualified for that impor- ' tant trust, do hereby enact and ordain. That in all time coming the following regulations shall be strictly observed : I. It is hereby enacted. That no student shall be entered upon the roll of any professor of divinity, unless he shall produce to the said professor a certificate from the minister^ A 1 S03. 414 of tlic parish in which he has his usual residence ; or in his absence, or during a vacancy in said parish, from some neigh- bouring minister, bearing that his character is suitable to his views ; together with a diploma of master of arts, or certifi- cates from the several professors of philosophy, under whom he hath studied, from which it may be clearly ascertained, that, in some university or universities, he hath gone through a full course of philosophy, in some winter sessions of college preceding that in which the certificates are pro- duced. II. The General Assembly do hkewise hereby ordain. That all students who have been enrolled by professors of divinity in the manner prescribed by this act, shall continue to prosecute the study of divinity for the term of six sessions. Provided always, That if any student hath given regular at- tendance in the divinity-hall during three sessions, his course shall be considered as completed in four sessions; and that if he hath given regular attendance in the hall du- ring two sessions, his course shall be considered as completed in five sessions. And the Assembly do further ordain. That in each of these cases, students shall be enrolled by the pro- fessors during the several sessions of their respective courses, and deliver in the divinity-hall, in the manner herein after- wards provided, an exegesis in Latin, on some controverted liead in divinity, a homily in EngUsh, an exercise and addi- tion, a lecture on some large portion of scripture, and a po- pular sermon, together with such other exercises as the pro- fessors shall think proper to prescribe. And the Assembly iurther enact and declare, That a student is entitled to apply to the professor for his certificates, that he may be proposed for trials, and that the preliminary steps may be taken by the presbytery duiiug the currency of the last session of his course, 4-15 as above described ; ^ith this limitation, that if the said last 1 803. session is to be claimed as a session of" regular attendance, he ^^^''^ shall, toward the conclusion thereof, obtain a new certificate of his attendance during its currency, and produce the same to the presbytery or synod. III. Professors of divinity are required to attend, as much as circumstances may permit, to the conduct of such students as are under their care -, and, as far as they find it practica- ble, to insist that every student shall deliver his first discourse some time during liis second session at the latest, and the re- mainder of his discourses at such periods as may enable him to deliver the whole of them before the end of January of the last session of his course. IV. When a student is proposed to any presbyteiy, in or- der to be taken upon trials, the presbytery shall be alone, and the motion for that purpose shall lie upon the table till their next ordinary meeting. In the mean time, the presbytery shall appoint the member by whom the student has been pro- posed, to lay before the said meeting the certificate or certifi- cates in favour of the student, that arc specified in the third paragraph of the fifth section of this act ; to desire him to at- tend the same ; and to inform him, that, previously to the meeting, he ought, as far as circumstances may permit, to wait on such ministers of the presbytery as have not formerly had an opportunity of conversing with him in private. V. When the time appointed for considering the motion is arrived, the presbytery shall strictly observe the following regulations : 1st J The presbytery shall be alone, while they are employed in discussing the several prehminaries respecting students who are proposed for trials. a2 416 is().'\ 2^, They shall require satisfying evidence, that evei-y stu- dent who is proposed for that purpose has completed the twenty-first year of his age. 3(7, No student shall be admitted to trial, unless he pro- duces to the presbytery a certificate or certificates from the professor or professors of divinity, under whose tuition he hath studied, bearing, that he hath prosecuted his studies, and delivered his discourses in the manner prescribed by this act ; and that his conduct, as far as consists with the know- ledge of the said professor, or professors, has been in every respect suitable to his views in life. And the General Assem- bly do likewise hereby enact, That the presbytery shall record at full length the said certificate, or certificates, in their mi- nutes : And it is hereby enacted and declared. That the stu- dent having lodged such certificate, or certificates, shall be entitled to obtain extracts of the same, if demanded. Mh, Ko presbytery shall receive any student upon trials, unless they are .satisfied that he is of good report ; sound in his principles ; pious, sober, grave, and prudent in his be- haviour ; of a peaceable disposition ; and well affected to the happy establishment in this kingdom, both in church and state. And, that the presbytery may proceed with all due caution, in a matter of such pecuhar importance, they shall not agree to the motion in behalf of the student, unless his residence, during the year preceding, has been chiefly within their bounds, or he shall produce sufficient testimonials from the presbytery, in whose bounds his residence has chiefly been during that term, bearing, that his character is such as is described in the immediately preceding sentence of this [laragraph, and recommending him, in these respects, to the presbytery before whom the proposal is made, as a proper person to be entered upon trials. 417 5th y The presbytery shall not agree to the motion infavoui* 1 803 of the student, unless they arc satisfied that he has made a ^"v^ competent degree of proficiency in those several branches of knowledge which are necessary to enable him to be an usefiil preacher of the gospel. And the General Assembly ordain, that the presbytery, in order to procure full information in this respect, shall examine the student strictly, and privately, on his knowledge of the Greek and Latin Lisiguages, and of philosophy and theology. 6thy If, after these preliminary steps have been taken, the presbytery shall be of opinion that the student is duly qualified in these several particulars, they shall record this opinion in ^ their minutes, and order their clerk to write letters to the seve- ral presbyteries within the bounds of the provincial synod, two kalendar months at least before the meeting of the same, in- forming them of the presbytery's intention to take the student upon public trials, and bearing, that the certificate, or certi- ficates, in his fovour, which are required by this act, have been regularly laid before them. But it is hereby provided, That >vithin the bounds of such synods as meet only once a-year, a student may be entitled to have these circular letters written lialf a-year sooner than would be otherwise competent. VI. The General Assembly do likewise hereby; enact and declare. That at the request of the student, it shall be compe- tent to any presbytery to transfer the receiving of the public triiils, or any parts thereof, certifying to the presbytery to which the transference is to be made, that the various pre- liminary steps have been taken according to the directions of this act J and that such parts of the public and private trials as have been already gone through have been received with approbation. VII. If a student have studied, either in whole or in part. 4-lS 1803. in Protestant universities which are not \^ithin the bounds of ^^^'^'^^'^ this church, he shall, when he is proposed to any presbytery for trials, be required to produce satisfying testimonials from the professors of divinity in said universities j and the time which these professors shall certify to have been employed by him in studying divinity under their tuition, shall be compu- ted in the same manner as if he had prosecuted his studies in any of the universities within the bounds. of this church. But it is hereby provided, that no student, in such circum- stances, shall be admitted even to those private trials which are appointed to be taken before the writing of the circular letters, sooner than six kalendar months after his arrival in Scotland. VIII. The General Assembly ordain, That if a presbyteiy propose to take a student upon public trials, and have, with that view, written the circular letters as is herein required, public intimation thereof shall be made at some diet of the next meeting of the provincial synod, which shall not be the last diet thereof: And the presbytery clerk is hereby requi- red to transmit to the synod clerk an extract of the certificate, or certificates laid before the presbytery in favour of the stu- dent, in order that the same may be produced at this diet of the synod. And it is likewise hereby ordained, That at some subsequent diet of the synod, particular inquiry shall be made, whether any of the members of the cOurt has any ob- jection to offer against the student being entered upon public trials : And that the synod then, taking into consideration the extract produced, and the whole of the case, shall judge of the expediency of allowing the presbytery to admit the stu- dent on trials : Or, if in any case the presbytery clerk shall fail to transmit the extract of the certificates above mention- ed, the student may produce to the synod, by himself, or by 4.10 any member of tlfb court, the extract of the same which by iso.s this act he is entitled to obtain. IX. If the synod shall allow the student to be taken upon public trials, the presbytery shall proceed therein with all con- venient speed ; and the Assembly appoint the following trials to be taken of the student, and in the order herein mention- ed : Isty Catechetic trials on divinity, chronology, and church history : 2(/, A trial on the Hebrew and Greek languages : 3d, An excffesis in Latin on some controverted head in divi- nity ; 4//i, A homily in English, 5th, An exercise and addi- tion ; 6th, A lecture on some large portion of scripture ; 7ih, A popular sermon -, it being understood, that if the presby- tery see cause, they may examine the student upon the sub- ject of these several discourses. X. The student having gone through the several trials, which are mentioned in the immediately preceding section of this act, the presbytery are ordained to proceed in the follow- ing order : 1st, They shall, deliberately and seriously, take a conjunct view of the whole trials ; and if they shall be of opinion, that the student is not properly qualified to perform the du- ties incumbent upon a preacher of the gospel, they shall by no means grant him a license in his present circumstan- ces. 2dy If, upon this review of the trials, the presbytery are fully satisfied therewith, they shall record this opinion in their minutes. 3d, The presbytery shall then propose to the student the questions that are ap'pointed to be put to all who pass trials by act 10. Assembly 1711, and require him to subscribe the fornnda which is prescribed by the said act. And the Gene- ral Assembly strictly prohibit all presbyteries from licensing 420 1S03. any student to preach the gospel, who shrfll not give expHcit ^'^^"^^ and satisfying answers to these questions, and subscribe the saidjbrmula. 4thy The presbytery shall order the act of Assembly 1759, against simoniacal practices, to be read to the student in their presence. Lastlijy Tlie presbytery shaU appoint their moderator to license the student to preach the gospel, and order their clerk to furnish him with an extract of his hoense. XI. For the better observance of this act, the General Assembly ordain, Ist, That it shall be printed among their other printed acts j 2c?, That it shall be printed by itself, in some convenient form ; 3f/, That a copy of this separate edi- tion shall be transmitted to each professor of divinity in the universities of Scotland; and that the said professors shall read the same in their respective halls once at least during every session ; and at such times as they have reason to ex- pect the attendance of the greatest number of students for that session ; and, lastlyy That a copy of the same edition shall likewise be transmitted to the clerks of each synod and pres- bj'tery within the bounds of this church, and that the said clerks shall keep the same along with their minutes, and bring it up to each meeting of their respective courts, for the use of their members." tSo^"/ The same Assembly issued the following recommendation respecting the promoting of Theological Learning. " It was overtured to the General Assembly, That for the important purpose of promoting Theological Learning, the Assembly recommend in the following terms : 421 Wliereas there is nothing more essentially connected with the 1 803. best interests of the'church than the improvement of those who ^"^'^ are in a course of preparation for becoming ministers of it ; and that it is of the utmost importance they should make theological literature, not a secondary, but the first and chief subject of their study •, and considering, that the law respect- ing the licensing of probationers, shortens the period of study, when regular attendance is given ; the General Assem- bly, with the design of following out the meaning of this provi- sion, and making students of divinity embrace every opportu- nity of improvement which the universities afford where they give such attendance, hereby most earnestly recommend to all presbyteries, that when students apply to be taken on trials, as having given regular attendance, they shall require from them certificates of their having attended all the professors of divinity, who regularly deliver lectures in the universities where they have studied, whether these lectures be delivered by those professors usually denominated professors of divini- ty, or of church-history ; and likewise of their having attend- ed the professor of Hebrew at least for one session. The General Assembly having taken this overture into their serious consideration, unanimously approved thereof j and did, and hereby do, most earnestly recommend the same to all the prebyteries of this church accordingly. And, with the design of making this their recommendation completely known, the Assembly ordain, that it be printed in a conjmo- dious form, and transmitted to tlic several presbyteries; and also, that a copy be sent to every theological professor in the different universities of Scotland, to be read by him at some convenient time t.o wards the beginning of cacli session.'* 423 ISOi Studmts of 'J'iiculag]'. 1 .S05. Probu'.iuncr^ The Assembly of 1S04 renewed and retransmitted the in- terim act and overture respecting Probationers. Also, The recommendation respecting the promoting of Theolo- gical Learning. The Assembly of 1805 renewed and retransmitted the same interim act and overture respecting the Hcensing of Probationers. 1 so6. Prsbationcr!. The Assembly of 1806 retransmitted to the presbyteries, for their further consideration, the same overture concerning the licensing of Probationers, but did not order, as on former occasions, that it should be held as an interim act of As- sembly. Crda-ncd as-.ist- «nls iinO juc- < Cursors. The same Assembly agreed to transmit to the presbyteries, the following overture respecting Ordained Assistants and Successors. *' Whereas doubts have been entertained, and different prac- tices have prevailed in the church, respecting the situation of ordained assistants and successors : It is humbly overtured, that the General Assembly shall enact and ordain, that a per- son who has been ordained assistant and successor to the mi- nister of a parish, cannot sit as an elder in the kirk-session of the parish, and that neither his character as assistant, nor the powers conveyed to him by ordination, do, of themselves, entitle him to summon meetings of session, or to preside there : That the right to sit and vote in the judicatories of the church, which constitutionally belongs to the minister of the parish, remains entire in his person ; it can neither be assumed by the assistant, nor communicated to him by the minister, without the authority of the church : That when the minister 423 of the parish is incapable of exercising this right, the presby- 1 SOG. tery may grant authority to the ordained assistant and suc- cessor to summon jneetings of session, to preside there, and may also, if they see cause, grant him authority to sit in the presbytery and synod, and a title to be elected a member of the General Assembly ; but that the authority and title thus conferred on the assistant and successor shall cease, whenso- ever the presbytery find that the minister of the parish is restored to the capacity of exercising his constitutional right *." In the Assembly of ISO"? the same overture respecting the ^ ^or. hcensing of Probationers was retransmitted to the presbyte- ries. An act was made relative to printing Commissions, as fol- lows : . Act 3n.-,>t pr;riti ic lum- " Whereas various inconveniences have been found to arise """'""»• from the present usage of the church, with respect to the mode of making out commissions to the members of Assem- bly, The General Assembly enact and appoint. That in future all commissions from presbyteries and burghs shall be print- ed by the printer to the church, under the superintendence of the clerks of Assembly, agreeably to the forms now autho- rised by the General Assembly, with necessary blanks for names, designations, dates and qualifications f; and the ex- pence of the same defrayed out of the funds of the church. * It was in tbis Assembly that John Comiell, Esq. advocate, was elected procurator for the church, upon the resignation of William Robertson, Esq. appointed to be one of the Senators of the Collfe of Justice. • t Here must be narrated in a note the qualifications of elders of burirhs. 424- 1807- That .1 sufiicicnt number of blank commissions shall be ^'^^^'^^ forwarded by the clerks of Assembly to all clerks of presbyte- ries and burn;hs, as soon as said commissions can be printed; and that they shall be supplied by the clerks of Assembly with copies of the same from time to time, as occasion may require, upon making a demand to that effect. That although every commission from a presbytery must contain the names of all the persons chosen to represent that presbytery, the Assembly nevertheless enact, That it shall be competent for each of said delegates to require from the presbytery a regularly attested copy of the commission, which the said presbytery must furnish, upon the same being demanded in due time. It being understood, that only one copy of the attested commission from each presbytery shall be required by the Assembly in making up the I'oll of its members : Provided always, That if a commission shall have been given in to the clerk for that purpose, in any respect defective or erroneous, it shall be competent for any other of the delegates from that presbytery, to give in another com- miseion from his presbytery, if he any has, which, if accu- rate, shall be sustained. And as it may sometimes happen, that the clerks of pres- byteries, more especially of such presbyteries as are situated in remote parts of the country, may not be in possession of such printed commissions as may be wanted, the Assembly appoint, That in all such cases, the commission shall be writ- ten out according to the forms and usage of the church pre- vious to the date of this enactment *." * Commissions from the universities do not require to be printed, as they differ in some respects from one another. 425 The following overture relative to tlie Ordination of El- 1 907. tiers, was transmitted for the consideration of the jiresbyterics. ^'"v^*^ ** Whereas irregularities have crept into the church with uf.Jrtui'S'u respect to the drdination of elders, it is overtured, That hereafter no person shall be set apart to the oflice of an elder, unless he hath attained the age of ixicntij-one vears complete, and produce a certificate to that effect, to remain in rctcntis ; and unless he is a communicant. That no person be ordained an elder who is not an inha- bitant of the parish, or who does not reside therein at least six weeks annually, or who is not an heritor in that parish, hable to pay stipend and other parochial burdens, or who is not the apparent heir of an heritor of that description in the parish. That when any person who does not generally reside, but only occasionally, as aforesaid, shall be proposed to the kirk- session to be ordained an elder, that there shall be produced a certificate, under the hands of the minister and kirk-session of the parish where he generally resides, That he is of unble- mished character, and regular in giving attendance on the public ordinances of religion. And farther, that it be enacted, Tliat if any elder be or- dained in future, without being qualified as above, he shall not be held as entitled to any of the privileges of that office- But, in any city or town where there are more congrega- tions than one, That they shall be held as one parish, in as far as this overture is concerned." It was in this Assembly that Mr Andrew Duncan, mrnister ot' Ratho, was appointed principal clerk of Assembly, in room of Pro- fessor Andrew Diilzel deceased. 426 I SOS. jj^ ^^Yie Assembly of 1808, the same overture relative to the rHcr?""" °^ ordination of Elders, was retransmitted to the presbyteries. Probationer,, Tlie overture respecting the hcensing of Probationers was retransmitted, and in the meantime converted into an interim act. The following order and injunction was issued to the pres- byteries, concerning Teachers and Schoolmasters. ^Xliun. " The General Assembly called for the report of the commit- tee appointed to class returns respecting the regular exami- . nation of schools, which was given in and read. The As- sembly enjoin presbyteries to be careful to report their obedi- ence to the act of Asscmbh' 1799 and 1800 upon this impor- tant subject, and direct the clerks to see that this injunction be printed among the acts of the Assembly." Folloiis the injunction of the Getieral AssemUjj 1799 and 1800. ** The General Assembly enjoin all presbyteries of this church to be diligent in exercising those powers which the laws of the land and of the church have committed to them, with re- spect to the education of the youth within their bounds ; and particularly to call before them all teachers of youth, whether in parochial schools, or schools of another description •, and to take trial of their sufficiency and qualifications in those branches of education which they profess to teach. And the Assembly recommend to the procurator of the church, to give his advice and assistance to all the presbyteries of the church relative to this matter •, and authorise him to carry on, at the public expence, such processes as may appear to be necessaiy for enforcing the sentences, or ascertaining the powers of the judicatories of the church, relative to schools ; 427 «n(] the assembly request his majesty's advocate and solicitor- ,,_^..^J^ general to concur with the procurator in supporting the ju- risdiction of the church. And further, the General Assembly enjoin all the presbyteries of the church to report to the next Assembly, a list of all the schools within their bounds, specir fying what is taught in each school, whether the school be held on the Lord's day, or on other days of the week ; in what way the schoolmasters are supported or maintained ; whether they act for themselves, or are employed by, or un- der the direction of others ; what number of scholars attend each school at the time of making the report ; and, in gene- ral, whatever else shall appear to tlie presbytery of impor- tance respecting the schools within their bounds.'* In the Assembly of 1809, the overture respecting the llcen- prob.tionu-/. sing Probationers was retransmitted, and again convertal into an interim act. The overture respecting the ordination of Elders was re- ^i**"^ transmitted. , . . . . 1 111 Teachers an* The order and injunction concerning teachers and school- "i"'"i»>*^t"s- masters was repeated *. In the Assembly of 1810, the overture respecting the licen- projauonc^ sing of Probationers was retransmitted, and converted into an interim act. The overture respecting the ordination of Elders was re- "''="• transmitted. * In this Assembly, Mr John Murray, writer to the Signet, was appointed joint agent tor the church, along with Jiis father, Mr William Murray. Injunctiou re •peeling Uic visjtatiun of •Uiouli. i28 181G. The foJlowing injunction was made respecting the vista- tion of schools. " The committee appointed to consider the reports from pres- byteries concerning schools^ beg leave to report respectfully to the General Assembly, as follows : 1. That reports from prebyteries anent the schools within their respective bounds, are required by an act of the Assem- bly passed in 1799. 6. That the words of this act are : " The General Assem- ** bly enjoin all the presbyteries of this church to report to *^ the Assembly a list of all the schools within their bounds, ** specifying what is taught in each school ; whether the ** schools be held on the Lord's day, or on other days of the *' week J in what way the schoolmasters are supported or ** maintained ; whether they act for themselves, or are em- *' ployed by or under the direction of others ; what number *' of scholars attend each school at the time of making the " report ; and, in general, whatever else shall appear to the *' presbytery of importance respecting the schools within ** their bounds." 3. That in consequence of this act, (now recited), there have been transmitted to the present Assembly, reports from fifteen presbyteries, viz. from Langholm, Annan, Chirnside, Jedburgh, Peebles, Lanark, Linlithgow, Dalkeith, Hadding- ton, Dunbar, Dundee, Cupar, Aberdeen, Sti'athbogie, and Turriff. 4. That all these reports afford satisfactory evidence, that the presbyteries which have transmitted them, have respec- tively either examined or were in the course of examining, since the last meeting of the Assembly, the different schools under their superintendence. But, lastly, in respect that so large a proportion of the 429 presbyteries of the church have not transmitted reports con- 1810. cerning schools at all, and that some of those reports which '^•''v*^ have been transmitted do not contain information as to se- veral facts to which tlie act of Assembly above mentioned di- rects attention to be paid, the committee humbly suggest, that the Assembly should, on the present occasion, again en- join, in terms of a similar resolution passed last year, " That " presbyteries be more attentive and particular in reporting « their obedience to the act of Assembly 1799, respecting ** schools ; that the clerks be instructed to see this injunction printed along vvath the acts of Assembly, and that it be re- commended to presbyteries to take this injunction under consideration on the day they meet to elect their represen- tatives to the General Assembly." Signed in name of the committee, by Geo. H. Baird, Convener. The General Assembly imanimously approve of this report, and enjoin accordingly. (( <( In tliis Assembly aa address was voted to the King upon the 50th anniversary of His Majesty's accession to the Throne, ABSTRACT OF An Act of Parliament (43. Geo. III. cap. fj^.) for making better provision for the Parochial Schoolmasters^ and for making further regulations for the better government of the Parish Schools in Scotlaiid. 1 SO.-}. T) June I.. j^ X>Y the former law of Scotland, (Scotch Act 1696), tlie iMtaialur.. salaries of schoolmasters were to be not under 100 merks, nor above 200 merks Scots. By this act, it is ordered that their salaries shall not be under 300 merks, nor above 400 merks Scots, except in certain cases to be afterwards mentioned. 2. The heritors and minister of the parish are to lix the pi-ecise amount of the salaries ; and salaries payable in meal or grain are to continue to be so paid, and to be estimated at the rate of 200 merks pter chaldcr. 3. The salaries so fixed shall be payable for 25 years ; and within three years of the expii-ation of tliait time, the sheriff or stcwart of each county shall determine, according to the average amount of the fiars of the county for the last 25 j-^ears, what is the average value of a chalder of oatmeal, and make a return of it to the king's remembrancer in Ex- chequer. The Bai'ons of Exchequer shall strike the average, wliich shall be advertised, and, so ascertained, sliall be the rule by wliiclj the salaries of schoolmasters shall be fixed. 431 4 . Heritors and minister shall meet within three months af- 1 803. ter the dale ot" the certificate of the average price, and fix the ^"""v'^ amount of the schoolmaster's salary, according to the circum- stances of the parish, in respect of extent, population and valued rent, the viinimum being a sum equal to the average price of one chalder and a half of oatmeal, and the maximum equal to the average price of two chalders. 5. In case of neglect in the heritors and minister, or of dis- satisfaction with their determination, the schoolmaster may appeal to the quarter-sessions, whose judgment shall be final. 6. The average price of oatmeal is to be ascertained, in like manner, at the end of every 25 j-eai-s for ever, (unless the law be altered by Parliament), and the schoolmaster's salary of iiew regulated thereby, according to the circumstances of the parish, the minimum being still one chalder and a half, and the maxiimiiu two chalders, and the same right of appeal to the quarter-sessions being competent. 7. Where there is but one qualified heritor, he shall have two votes at the meetings directed by the act ; and in all meetings whei*e no preses has been chosen, the heritor pre- sent, possessed of the highest valuation, shall have the casting vote. 8. The heritors shall provide a commodious school-house* also a house for the residence of the schoolmaster, of two a- partments, with a garden at a convenient distance, contain- ing at least one-fourth of a Scotch acre, properly inclosed. M'here a garden cannot be provided without great inconveni- eney, an additional t-nlary in lieu of it may be assigned to the schoolmaster, to be contputed by the average, at the rate of tight bolls ofoalincaly^tr acre. 9. In case of neglect in the heritors, or dissatisfaction with 1803. their determination relative to school-house, house, garden, ^^^ or additional salary in lieu of garden, the schoolmaster may appeal to the quarter-sessions, whose decision sliall be final, 10. The heritor or heritors from whose estates ground for the school-house, dwelling-house and garden shall be taken, shall have relief from the other heritors, to be settled by the sheriff. 11. In the Highlands, North Isles and Hebrides, or where otherwise the parish is of great extent or population, so that one parochial school is not sufhcicnt, it shall be competent for the heritors and minister to fix a salary of 600 merks, or the value of three chalders of oatmeal, computed by the ave- rages before directed, and to divide this salary among two or more teachers. In this case the heritors shall be exempted from the obligation of providing school-houses, dwelling- houses and gardens. 12. None of the provisions of this act shall apply to the case of a parish which consists only of a royal burgh, or part of a royal burgh. Where a parish consists of a royal burgh, or part of a roj'al bui-gh, and a landward heritor or heri- tors, the schoolmaster shall be provided according to the laws as they formerly stood, and in the proportions formerly observed, but the salary and accommodations shall always be equal in value to those provided by this act. 1 4<. The minister, or, if the parish be vacant, the presby- -tery, shall appoint a meeting of the heritors to elect a school- master in case of vacancy. 15. On failure of the heritors and minister to elect within four months from the vacancy, the jnesbytery shall apply to the commissioners of supply, who, or any five of them, at a meeting called by the convener upon thirty days' notice, may ^ect Jure devohiic. 433 i6. Schoolmasters to be examined and approved by the 1803. presbytery, whose determination is final. The schoolmaster ^^^^"^'^ must sign the confession of faith arujL formula of the church of Scotland. 17. If the person elected be not found qualified, the heritors and minister shall elect another within the four mouths, other- wise apphcation may be again made to the commissioners of supply. 18. The heritors and minister shall fix the school fees. 19. The superintendence of schools shall continue in the ministers of the church as formerly. 20. Presbyteries shall regulate the hours of teacliing. 21. Presbvteries shall take cognisance of the schoolmaster's conduct, and their sentence of deposition shall be supported by the sheriff of the county, upon wliieh shall follow letters of ejection, of which, suspension, advocation, or reduction, shall be incompetent. 22. The (]ualificcitions of an heritor shall be at least one lunidrcd pounds Scots of valued rent. 23. All former acts and statutes with regard to parish schools and schoolmasters are confirmed. ABSTRACT of Act of Parliament (48. Geo. III. cap. 138.) ^^Jbr defining and regidating the poxver of the Com^ " missio7i of Teinds^ in augmenting and modifying the " Stipends of' the Clergy of Scotland." 1. ►Stipends modified before the passinfT of this act shall 1808. "" June 30- not be again modified for fifteen years from the date of the '">'"''■» last final decree of modification, except as after specified. 2. Stipends modified after the passing of tliis act shall not^ be modified again for twenty years. 434- ISOS. 3. Processes depending prior to March 12. 1808, may ci- ^''^'"'^ ther be suspended for 15 years, or prosecuted to a conclusion by the minister as lie shall choose. And the court may either grant or refuse an augmentation ; but if, in such case, an augmentation be granted, it shall not be competent to grant another for twenty years. 4. The act not to extend to any cases then depending ei- ther on petition to the Court of Teinds, or on appeal to the House of Lords. 5. When the decree in such cases shall have become final, no new augmentation shall be given for fifteen years. 6. After the expiration of fifteen yeius, stipends then aug- mented shall not be augmented again for twenty years. 7. In all cases whatsoever, where any augmentation is applied for, it shall be competent for the court to refuse it, either on account of there being no legal fund of augmentation, or on account of the circumstances of the case. 8. Stipends which shall be augmented after the passing of this act, shall be modified wholly in grain or victual, except where the circumstances of the case render it necessaiy to modify a part of it in money. 9. Money stipends are to be converted into grain or vic- tual, where the circumstances of the case admit, according to the fiar prices of the county, on an average of seven years, exclusive of the year in which the decree of modification shall bear date. 10. Where there are no fiars applicable to the county in which the parish is situated, the fiar prices may be taken from two or more adjoining counties. 11. Ministers shall not be entitled to receive the stipend in kind, but shall receive it in money according to the fiar prices of the grain in which the same shall have been modified. i'$5 12. Where the parish is not situated altogether in one 1808. county, two or more of the adjoining counties may be fixed upon for taking the fiar prices. 12. The conversion shalJ be made according to tlie highest fiars. 14'. The right of heritors to surrender their valued teinds, in place of subjecting their lands, shall remain entire. 15. The Court of Teinds shall meet once a fortnight, in place of once a week, in time of session. 16. Regulations may be made by the court for abridging the forms and cxpence of citation, and for expediting the business. 17. In order to guard against collusion and prejudice to the benefice, the moderator and clerk of the presbytery shall be summoned to the process of augmentation, and furnished with a statement of the stipend, and the addition intended to be craved j jmd if the presbytery shall make no appearance, the minister shall transmit to the moderator or clerk a copy of the interlocutor of court, and it shall be competent to the presbytery, within five months, to enter an appearance, and to shew if they see cause that the decree pronounced is collusive or prejudicial, and the minister may be found liable in their expences. ABSTRACT of Act of Parliament (50. Geo. III. cap. 8i.) *^ Jbr augmenting Parochial Stijpends in certain cases in " Scotland:' 1 T many instances hiadequate, L. 10,000 yearly out of the public revenues shall be set apart in the hands of the receiver gene- iiE legal funds of augmentation haWnf; become in IS 10. ° O June IS, 436 1810. ral, and paymaster in Scotland, to answer the purpose of this ^"^^"^^ act. 2. Clerks of presbyteries shall make up accoiuits of the different parishes, th^ stipends of which do not amount to L. 150; in which accounts, the particulars of the stipends shall be s}>ecified. S. The Court of Teinds shall take into consideration the list of such stipends, and the sums necessary to augment them to L. 150, and shall specify those cases in which the teinds should be exhausted before relief be given. 4. Where the stipend does not amount to L. 150, and the teinds are not exhausted, a process of augmentation shall be instituted for obtaining the remainder of the exhausted teinds^ nowithstanding of the restrictions in point of time im- posed by the act 48. Geo. III. cap. 138. above abridged. 5. The list of stipends, when adjusted by the court, shall be printed and sent to each minister, and to the clerks of presbyteries ; and the clerks of presbyteries shall give notice to each minister of his presbytery of the receipt of such printed copy. 6. Ministers may apply to presbyteries, if their stipends be not specified in the list, or if they object to their stipends be- ing specified ; and the presbyteries may report their opinion upon such list of the Court of Teinds ; but this must be done within six kalendar months after the said list shall have been received by the clerk of presbytery. 7. Ministers thinking themselves aggrieved by such report, may petition the Court of Teinds. 8. The lists of stipends, when confirmed, shall be recorded in the books of the Teind Court. 9. Certified copies of the recorded list shall he sent to the Barons of Exchequer, in whose books they sliall likewise be 437 recorded, and the barons shall issue precepts upon the rcccl- ISIO. ver general to each minister for payment to him of the sum ^^'^ necessary to augment his stipend to L. 150, and that precept shall be transmitted to such minister. 10. When the Court of Teinds shall have decided in the processes for unexhausted teinds, and determined with respect to the stipends which ought to be augmented under the au- thority of this act, they shall prepare lists of these likewise, order them to be recorded and sent to the Exchequer, and the Exchequer shnll in like manner grant warrants on the recei- ver general for the sum still wanted to make up the stipend to L. 150. 1 1 . Augmentations to be paid half yearly by the receiver general. 12. Out of the first year's augmentation, one shilling in the pound shall be retained. 13. This retained sum shall be applied in payment of ex- pcnces incurred. 14. In case of tlie death or removal of the minister, whose stipends shall have been in the lists above directed, his succes- sor shall be entitled to proceed in taking the steps requisite I? for obtaining the precept from Exchequer, but shall be bound to account to his predecessor, or his predecessor's representa- tives, for such part of the sum as may have fallen under his right. 1 5. In case of death or removal, the rights of ministers to augmentations under this act shall cease, in Uke manner as their rights on other stipends cease. 16. The representatives of the deceased minister may draw, in name of ann, for one half year's moiety of augmentation be- yond what may be due. 17. Augmentations, in virtue of this act, ijlmll not, during 435 IS 10. vacancy, (excepting as to the ann above-mentioned), be ap- ^"^'^^^ plicable to the purposes of other vacant stipends. 18. They shall be applied to the fund for the provision of widows and children of clergjuien, by act 19. Geo. III. cap. 20. 19. The Barons of Exchequer shaD, upon application of the trustees of the widows fund, or their collector, issue precepts in their favour for the vacant stipend. 20. The trustees of the widows fund may lend out at in- terest the sums so received, for providing a permanent fund for additional annuities to the widows and children of mini- sters. 21. The receiver general shall receive credit in his ac- o counts for the sums paid in obedience to the precepts direct- ed by this act. 22. The'precepts and receipts for the money to be exempt- ed from stamp duties. 23. Persons counterfeiting such precepts or receipts shall be hable to the pains of forgery. 2'i. No fees to be chargeable by the officers of the courts upon the above transactions, except the expence for the first year above mentioned. 25. The Court of Teinds and the Court of Exchequer shall and may give directions to their clerks and officers^ when necessary, for carrying this act into execution. CASES RELATIVE TO CHURCH-AFFAIRS, BECIDED IN THE COURT OF SESSION, AS COMMISSIONEIV5 OF TEIN'DSj SINCE 1802. i.^ oUND, by the Court of Session, as Commissioners of Teinds, ] 805. in the case of Anderson against Urquhart, 31st January 1805, ^^^^ That a minister is entitled to interest upon his augmented stipend from the date of a charge upon his decree of modifi- cation, although the locality had not then been adjusted. Found, in the case of Shaw against Heritors of Roberton, 1 806» 29th January 1806, that an assistant and successor to a minis- ter cannot pursue an action of augmentation. In the case of the minister of Old Deer against the Heritors, i SOS. 23d November 1808, the court Avere of opinion, that in mo- difying an augmentation, the extraordinary value if the glebe ought to be taken into consideration ; — and in the subsequent case of the Minister of Buitlc, 22d November 1809, the ma- I8O9, jority of the court appeared to be of opinion, that if the glebe had as usual been designated from the heritors, it ought to be taken into consideration ; but if what was called a glebe had been given aliunde by way of mortification, it ought not to be taken into consideration. 440 1804 Found, in the case of Pollock against Darling, 1 7th January ^■^-v-"^ 1 804, that those persons are entitled to relief under the sys- tem of the poor laws, who, though in ordinary seasons are able to gain their livelihood, are reduced, duruig a dearth of provisions, to have recourse to a charitable supply; and an extraordinary assessment may for that purpose be levied. THE FORM OF PROCESS IK THE JUDICATORIES OP THE CHURCH OF SCOTLAND, WITH RELA' TIOX TO SCANDALS AND CENSURES. An Act of the Gena'ol Assemble/ approving a Form qfProcesSy Sfc. Edinburgh, April 18. 1707. Scss. 11. The General Assembly having at this day and at several former diets had read in their audience the overtures concern- ing a form of process in the judicatories of this church, with relation to scandals and censures, which were transmitted by the Lite General Assembly to the several presbyteries for their judgment thereupon, and having maturely considered the saids whole overtures, with the remarks and observations of presbyteries made upon the same ; after full reasoning, both in coinmittees and open Assembly upon the several particulars contained in the said form of process, the General Assembly did by their votes, nemine contradicentCy and hereby do, ratify and approve the foresaid form of process as now amended, in the whole heads and articles thereof, and appoint and ordain the same to be obsei-voil and practised by tlte respective judi- 44t calories of this church, as an act and ordinance of Assembly, and as fixed binding rules and directions in the whole mat- ters therein contained, except the 7th, 8th and 9th para- graphs of the fourth chapter, and what concerns the pressing of the oath of purgation j as to which, the General Assem- bly supersedes at this time to enjoin the observation thereof as positive standing rules, but they did and hereby do unani- mously rcconmiend to the several presbyteries and other judi- catories of the church, that they regulate themselves accord- ing to the advice therein insinuated, as they shall find to tend most for edification ; the tenor of which form of proce* follows. CHAP. I. Concerning Church Government, Discipline, Scandal andL Censures in general. \^}vTi Lord Jesus Christ hath instituted a government, and governors ecclesiastical in his house, with power to meet for the order and government thereof; and to that purpose, the apostles did immediately receive the keys from the hands of their Lord and Master Jesus Christ, and did use and ex- ercise the same upon all occasions, and Clu'ist hath froni time to time furnished some in his church with gitls for govern- ment, and with commission to exercise it when called there- unto, and has promised his presence to be with them to the end of the world. 2. It is agreeable to and founded on the word of Ood, that 44.S some others, beside those v.\\o labour in the word and doc- trine, be church governors, to join with the ministers of the word in the government of the church, and exercise of dis- cipline and oversight of tlie manners of the people, wliich of- ficers are called ruling elders ; as also, that the church be governed by several sorts of judicatories, antl one in subordi- nation to the other, such as kirk-sessions, presbyteries, pro- vincial synods, and general assemblies. 3. Church discipline and censures, for judging and remo- ving of offences, arc of great use and necessity in the church, that the name of God, by I'eason of ungodly and wicked per- sons living in the church, be not blasphemed, nor his wrath provoked against his people ; that the godly be not leavened with, but preserved from the contagion, and stricken with fear, and that sinners who are to be censured may be asham- ed, to the destruction of the flesh, and saving of the spirit in the day of the Lord Jesus. 4. Nothing ought to be admitted by any church judicatory as the ground of a process for censure, but what hath been de- clared censurable by the word of God, or some act of univer- sal custom of this national church agreeable thereto: And the several judicatories of this church ought to take timeous notice of all scandals : But it is judged, that if a scandal shall happen not to be noticed in order to censure for the s^pace of five years, it should not bo again revived, so as to or. tor in a process thereancnt, unless it be of a heinous nature, or be- come again flagrant ; but the consciences of such persons ought to be seriously dealt with in private, to bring them to a sense of their sin and duty. 5. These assemblies or church judicatories before- mention- ed have power to convene and call before them anv persons within their own bounds, wb.om the ecclesiastic business which 4'44< is bclbrc them doth concern, eithcf as party, witness, or other- wise, and to examine them according to the nature of the affair, and to hear and determine in such cases as shall order- ]y come before them, and accordingly dispense church cen- sures. 6. If a person be charged with a scandal, who lives within the bounds of another parish, the kirk-session of the parish where that person resides sl>ould be desired to cause to cite that person to answer before the session in whose bounds the scandal happened, and the same course is to be followed in such cases by the other judicatories of tlie church, seeing for order's sake they should not presume to exercise their autho- rity without their own bounds. 7. The minister of the word beinji an office above that of the ruling elder, cannot be liable to the censure of the kirk- session, but to the superior judicatories of the church. CHAP. II. Cofico'mng the entering of Processes ^ citation of parties and witness esy and asking depositions) and anent fugitives from discipline. IVIembeus of kirk-sessions are wisely to consider the infor- mation they get of scandals, and consult with their minister thereanent, even before the same be communicate to others, tJiat thereby the spreading of the scandal may be prevented, and it may be removed by private admonition according to our Lord and Saviour's rule, Math, xviii. 15. which, If a- mendment follow, is the far better way of gaining and reco^ vering a lapsed brother, whereas the needless spreading of a 445 .scandal does sometimes harden tlie guilty, grieve the godly, and is dishonourable to religion, 2. When any business is moved in a church judicatory, whether by information, petition, or otherwise, they are in the first place to consider, whether the matter in its circum- stantial case be proper for them to enter upon, and whether it be orderly brought in, and proper for them to cognosce and discuss it themselves, or prepare it for superior judicatories, and should endeavour to shorten their work as much as with the edification of the church tliey can, especially as to tlie liead of scandal, but still on all occasions the office-bearers in the house of God are to shew all prudent zeal against sin. 3. In proceeding in all causes, where there is any person or parties concerned, the judicatory is to see, that before they proceed, these persons or parties be duly sisted before them by a legal and timeous citation in writ, bearing its cause, ei- ther at the instance of a party complaining, or at least by order of the judicatory ; and if they be residing within the parish, the same may be upon forty-eight hours' advertise- ment, and the execution of the summons bearing its cause, and made before two or three witnesses insert, is to be re- turned by the beadle or officer in writing, and the person cited, called at the door ; and this is especially to be ob- served by presbyteries and other superior judicatories of the church. 4. Sometimes it may be fit that the party be privately spo- ken to, before any citation be given or process begun, for their better gaining, in which case the minister is to exercise his ovm discretion, and take the concurrence of elders and others with him ; but if the party cited as above, appear not, there ought to be a second, and then a third citation given by the order of the sessions and presbyteries, either personally, or leit c 440 at their dwelling-house, before the judicatory declare the per- son contumacious, unless the party be cited to appear before a superior judicatory by reference or appeal, in which case there is not that need of so many citations before the supe- rior judicatory, the party having actually appeared before the inferior judicatory, and being cited apiid acta to appear be- fore the superior, and the same marked in tlie minutes, or having been declared contumacious before the cause was brouglit before the superior judicatory. 5. All citations apud acta, are peremptory, and if instruct- ed, infer contumacy if not obeyed. 6. If the person do not appear on the third citation, or upon a citation apud. acta, and no relevant excuse adduced and verified, though in that case he be censurable for con- tumacy, yet it may be fit the judicatory proceed to take cog- nition, either by examining witnesses upon oath, or by other documents of the verity of the scandals delated against him, before they censure him for contumacy. 7. If the party appear, then the moderator is to inform the person of the occasion of his being called, and to give him, if desired, a short note in writing thereof, with the names of the witnesses that are to be made use of. 8. There seems to be no need of accusers or informers in ecclesiastic processes, where the same are not raised at the instance of a party complaining formally, but the party, if cited by order of the judicatory, is to answer the judicatory in what is laid to his charge : Yet so, tliat if the party cited be found innocent and acquitted, those who informed the ju- dicatory, whether the party require it or not, ought to be noticed, for either their calumny or imprudence, as the judi- catory shall find cause. 9. If there be witnesses to be made use of in the process, 447 a list of their names ought to be given to the defenders some time before, or at least at their compearance, and the wit- nesses ought to be timeously cited to give evidence ; and if they refuse after three citations given, and executions return- ed, may be proceeded with as contumacious, or, if judged needful, after the first or second citation, application may be made to the civil magistrate, that he may oblige them to ap- pear. 10. Before the witnesses be judicially examined, the accu- sed person is to be called, and the relevancy of the libel dis- cussed J and if the defender compear, he may object against any of them, and if the objection be relevant, and made evi- dent to the judicatory, the witnesses are to be cast ; but a per- son's being the delator or informer, doth not hinder him to be a witness, except in the case where he formerly complain- ed for his own interest, or of pregnant presumptions of malice against the person accused. 11. Though there be no relevant objection, yet the wit- nesses are solemnly to be purged of malice, bribe or good deed done or to be done, and of partial counsel. 12. The witnesses ai'e to be examined in presence of the accused party, if compearing, and he may desire the modera- tor to propose such questions or cross questions to the wit- nesses, as may tend to his exculpation, which if the judica- tory think pertinent are to be proposed, but no accused per- son is to interrupt the witness, or speak during the time of deposition. 13. If the party accused do before probation offer grounds of exculpation to be proven by witnesses, the moderator and clerk, if required, are to give warrant to cite the witnesses upon the party's charges, the relevancy of the offered excul- c2 4.4-8 pation being first considered and sustained by the judicatory ; and if the exculpation be fully proven as to the substance of the scandal, all further proof of the libel and accusation must there sist, and the defender is to be assoilzied; and if the libel be special as to the time and place of the fact, and the accu- sed more pregnantly allege and clearly prove alibi; but if the substance of the scandal be once sustained and deponed upon, there can be no place for exculpation, unless it be as to some extenuating or alleviating circumstances not contraiy to, but consisting with the depositions already taken. 14. If the witnesses cannot subscribe their names to their depositions, the clerk is to mark that they declare they can- not write, and the moderator is to subscribe the same, whe- ther they can subscribe or not. 15. After the depositions are ended, the parties being re- moved, the members of the judicatory at the same or some after diet thereto appointed, are to advise the cause, and there and then to reason the affair calmly, speaking always to the moderator one after another, without interrupting one ano- ther, using no reflecting language to, or of one another, nor too long harangues or digressions. 16. If any person or persons under process for scandals abscond, they shall, after being called before the judicatory and not compearing, be cited first from the pulpit of the pa- rish where the process depends, and where they reside ; and if they do not thereupon appear before the judicatory before whom the process depends, they are, by order of the pres- bytery, to be cited from the pulpits of all the kirks within their bounds, to compear before the presbytery : And if they do not then compear, they are to be declared ftigitives from the church discipline, and the same intimate in all the kirks with- in the bounds of the presbytery, desiring, that if any knows 449 of ihc said fugitives, they may acquaint the minister or ciders of the bounds tliereof, and the presbytery are to sist there, until they get farther notice of these persons. CHAP. III. Concerning Stvearerst Curscrs, Profayiers of the Lord^s Day, Drunkards^ and other Scandals of that nature. Xt may fall out that one single act of drunkenness or breach of the Lord's day, disobedience to parents, or of swearing, cursing, scolding, fighting, lying, cheating or steal- ing, may be clothed with such circumstances as ciay be ajust ground of process immediately, and even bring the persons guilty under the censure of the lesser excommunication and suspension from the benefit of the sealing ordinances, and re- quire their appearance in presence of the congregation to be rebuked, before relaxation ; but the weight of this is duly to be pondered, and church judicatoi'ies and members thereof are to consider whether private admonition of the persons alleged and found guilty of the above scandals, if not clothed with such circumstances of bringing them to the public, will tend most to edification, and proceed accordingly. 2. But ordinarily in all such offences, the guilty for the first fault would be spoken to in private by the minister or an elder and admonished, and on promise from a sense of guilt to a- mend, they may sist there. 3. But if the person relapse, he should be called before the session, and if found guilty may be there judicially rebuked, where the session on promise, from a due sense of sin, to a- mend, may again sist. 4-5« i. But if the person amend not after that, the session should orderly proceed, unless repentance appear and due sa- tisfaction Ikj offered, till they inflict the censure of the lesser excdmmunication and suspension from the benefit of the seal- ing ordinances, under which the censured are to lie till a- mendmcnt and reformation. 5. With respect to scandals, the grossness whereof makes it necessary to bring the persons guilty oftener than once be- fore the congregation, the rules prescribed by the 4th act of the General Assembly amio 1705 are to be followed. 6. If the guilty persons continue in this condition, or lie under the censure of the lesser excommunication a considera- ble time, and yet be fomid frequently relapsing in these vices they are cei^srued for, it may be constructed such a degree of contumacy, and so aggravate the crime, as to found a process of the censure of the higher excommunication, which is to be inflicted, or not, as may tend most to the reclaiming of the guilty person and edification of the church. CHAP. IV. Concerning the sin of Fornication^ Adultery and scandalous^ Carriage tending thereto. JLn delations about the sins of uncleanness, it falls frequently out, that when the matter is put to the strictest trial, all that can be proven is but presumptions of guilt or scandalous be- haviour, and not the act of uncleanness, the same being a work of darkness ; and therefore this should oblige the kirk- session to be very cautious how to admit the public entering a process without good warrant, where there is not a child in the case, unless the scandal be very flagrant. +51 2. Many of those actions which give occasion to the rai- sing a scandal of uncleanness, are such as are not themselves a- Jone publicly censurable, but to be past by with a private re- buke or admonition. 3. Yet some of those actions which come under the name of scandalous behaviour, may be so lascivious and obscene, and clothed with such circumstances, as may be as offensive as the act of uncleanness itself, and as censurable. 4. If a married woman, whose husband hath been no- tourly absent for a considerable time, beyond the ordinary time that women use to go with child, be found with child, this also may give ground to a kirk-session for a pro- cess against her ; but in this case judicatories would be pru- dent in considering well all circumstances, and whether or not the person hath been always of entire fame before, as al- so how the public fame now runs. 5. When an unmarried woman is known to be with child, the same gives ground to a kirk-session for a process against her J and after she is cited before the session, and appeareth, she is to be interrogate who is the father of that child, and though in other cases the divulging of a secret may be very imprudent and indeed the raising of a scandal, yet in this case where there is a child, whereby there is an undeniable scan- dal, and the keeping secret of the father a ground of gi-eat of- fence, and of suspecting many innocent persons, if she dis- cover not the father, she is to be looked upon as contuma- cious. 6. Prudence may sometimes require that the person she nameth to be the father of the chikl, be informed thereof, and spoke to privately ; and if he deny the same, he is seriously to be dealt with to confess, but if he still deny, then the ses- sion is to cause cite him to appear before them. 452 7. In this process, when the delated father compeareth, he is to be interrogate, and if he deny, he is to be confronted with the woman, and the presumptions, as particularly held forth as possible, and all along there should be private treat- ing with him, in all meekness, charity and seriousness ; and if, after all this, he deny, though the woman's testimony can be no sufficient evidence against him, yet pregnant presumptions, such as suspicious frequenting her company, or being solus aim sola in loco susjyecto, or in suspect postures, and such like, Avhich he cannot disprove to the satisfaction of the ses- sion, may so lay the guilt upon him, as shew him, that there appears no other way of removing the scandal, but his ap- pearance to be publicly rebuked therefor : It' he will not sub- mit himself to be rebuked as above, it perhaps may be more for edification that a true narrative of the case be laid before the congregation, and intimation given that there can be no fur- ther procedure in that matter, till God in his providence give further light, to sist there at the time, than that an oath be pressed, and upon refusal proceed to the higher excommunica- tion •, but if the person accused do offer his oath of purgation, and crave the privilege thereof, the presbytery may (if they shall judge it for edification and removing of the scandal) allow the same, which may be to this purpose : " I A. B. now under process before the presbytery of *' for that sin of alleged to be committed by me with " C. D. and lying under that grievous slander, being repute *' as one guilty of that sin j I for ending of the said process, " and giving satisfaction to all good people, do declare before ** God and this that I am innocent and free of the *• said sin of or having carnal knowledge of the said ** C. D. and hereby call the great God, thejudgerand aven- " ger of all falsehood, to be witness and judge against me in 453 ** this matter if I be guilty ; and this I do by taking his bless- *' ed name in my mouth, and swearing by him, who is the " great judge, punisher and avenger as said is, and that in " the sincerity of my heart, according to the truth of the mat- " ter and mine own conscience, as I shall answer to God *' in the last and great day, when I shall stand before " him to answer for all that I do in the flesh, and as I would " partake of his glorj' in heaven after this life is at an end." 8. In taking this oath for purgation, all tenderness and caution is to be used, nor is the session to press any man thereto, but they are to deal with him and his concience as in the sight of God ; and if he offer to give his oath, the judi- catory are to accept it or not as they shall see cause, and then to proceed to remove the scandal, with the advice of the pres- bytery, as may be most to edification j but this oath is not to be taken in any case but this, when the presumptions are so great that they create such jealousy in that congregation and session, that nothing will remove the suspicion but the man's oath of purgation, and when his oath will probably remove the scandal and suspicion ; in all other cases this oath is in vain, and so should not be admitted, and never but by advice of the presbytery. 9. This oath for purgation is to be taken either before the kirk-session or presbytery, or the congregation as the pres- bytery shall determine ; and if the oath be taken before the session or presbytery, it is to be intimate to the congregation that such a person hath taken such an oath, and the party may be obliged to be present in the congregation, and may be put publicly to own his purging himself by oath, and so be declared free from the alleged scandal. 10. After an end is made as above, with the delated father, the woman is to be dealt with to give the true father j and if 454' after all serious dealing, and due diligence, she give no other, slie is to be censured according to the quality of the offence confessed by her, without naming the person delated by her, the judicatory reserving place for further censure upon fur- ther discovery. 1 1. If the woman who hath brought forth a child, doth de- clare she knoweth not the father, alleging she was forced, as in the fields, by a person unknown, or any the like reason ; in these cases, great prudence is to be used, the former be- haviour of the woman exactly searched into, and she serious- ly dealt with to be ingenuous, and if she has been of entire fame, she may be put to it to declare the truth as if she were upon oath, but not without advice of the presbjtery, and no formal oath should be taken ; and if the woman confess she was not forced, but doth not know the man, whether married or unmarried, the same censure is to be inflicted upon her, as in the case of adultery. 12. If a person doth voluntarily confess uncleanness, and if there be no child, and the case be brought to the kirk-session, the session is to inquire what presumptions there are of the truth of tlie thing confessed, or what may have moved the person to make that confession, whether it floweth from dis- quietncss of mind, or from sinistrous design, a$ when a man suing to a woman for marriage, is denied, and for revenge, or for to obtain his desire, spreads the report that he hath been guilty with her, they are to be dealt with, accoi'ding as the presumptions upon search are found, or not. ' 13. If it be found there is no ground for the confession, and that it is false, the person confessing is to be censured as defaming himself, and likewise as a slanderer of the other party -, and withal application is to be made by the session to the civil magistrate, that he may be punished according to law. 4:55 l^. If there be need of witnesses, the directions formerly mentioned, Chap. 2. are to be followed. 15. When persons guilty of uncleanness, live one in one parish, and another in another parish, the process against them and censures are to be before the session of the parish where the woman liveth, or where the scandal is most no- tour. 16. If a scandal of uncleanness be committed where nei- ther parties reside, as if persons having their fixed residence in one parish, do commit uncleanness in another parish, or perhaps in the fields, or in the time of fairs or markets ; in these cases, they are to be processed and censured where their ordinary abode is, except the .place of their abode be at a considerable distance from the place where the sin was com- mitted, and the scandal be most flagrant where it was commit- ted. 17. Wlien there is a scandal of uncleanness whereof per- sons are guilty living in different parishes, the session where the sin was committed is to acquaint the other sessions where any of the persons resides, who are ex debito to cause sum- mon these persons to appear before that session, where the scandal is to be tried. 18. When a person is convicted of scandal by a session of another congregation than his own, and the censure of the lesser excommunication is inflicted, the session is to send an account thereof to that session to which he belongs, but there is no need of any other sentence of his own session to fix the censure on him, but only a public intimation thereof to be made in his own parish. 19. When a person is censured and absolved from his scan- dal in another congregation than where he lives, he is to bring a testimonial of his absolution, which is to be intimate 456 to tlie congregation he lives in, if the scandal be also flagrant there i otherwise it v.ill be sufficient to intimate the same to the session, and the same is to be done in tlie case of the pro- fession of rej^entance where there has been a sentence of the lesser excommunication. CHAP. V. Coficeini/ig Ajjpeahfroin a KirJc-session to a Presbytery^ S^c, -ljLll persons who judge themselves leased by the procedure or sentence of a kirk-session, may appeal to the presbyteiy by declaring and protesting at passing of the sentence, and should thereupon, according to the eighth act of the General Assembly 1694, give in the appeal with the reasons thereof in write, to the moderator or clerk of the session, within the space of ten days after the time of appealing, and procure ex- tracts thereof, and present the same to the next meeting of the presbytery thereafter, if there be a competent time, at least ten days free between the time of appeahng and the meeting of the presbytery ; and should then insist in the ap- peal, wherein if the appellant fail, the appeal ipso facto falls and becomes null, and the appellant is to be held as contuma- cious, and proceeded against accordingly by the kirk-session. 2. When an appeal is brought from a kirk-session to a presbytery, the presbytery is to consider, whether the cause is of that nature, as it behovcth at length to come to the pres- bytery by the course of discipline, before the fuial determina- tion thereof; as if it be in a process of alleged adultery or such like ; then the presbytery to save themselves time may fall upon tho consideration of the affair without insisting much 457 upon the bene or male appellatumy though it seem to be pre- posterously appealed. 3. But if the cause be such as the kirk-session are the com- petent and proper judges of, even to its ultimate decision, and if there hath been no cause given by the kirk-session, by their breaking the rules of an orderly process, either by the course of the process, or by the incompetency of the censure, the presbytery is not to sustain the appeal. 4. If the presbytery do not sustain the appeal, and find there hath been some fault, passion, or culpable mistake in the appellant, the presbytery is to inflict some censure, such as a reproof before the presbytery, or appoint an acknow- ledging of their precipitancy before their own session or such like, on those appealers they find to have been malicious and litigious, thereby to prevent unnecessaiy appeals, and that beside remitting back to the session, to stand either to the censure of the session, if it be inflicted already, or to sist them- selves during the process, if it be depending. 5. If the appeal be sustained, and yet upon proceeding on the cause the presbytery find the appellant censurable, it is always to be minded, that whatever censure be inflicted to re- move the offence he hath given to the presbytery, yet the ap- pellant, if found guilty, is to undergo a censure, either before the kirk-session or congregation he belongs to, such as the presbjlery thinks he deserves, else presbyteries will be always troubled with appeals. 6. If, on the other hand, on trial of the process, the presby- tery find the kirk-session hath unwarrantably proceeded, either in contributing to the raising of a scandal, or inflicting the censure without a sufficient cause, and there!)}' the appel- lant leased ; the presbytery is not only to assoilzie the appel- lant, but to take such ways as may be proper and effectual to 458 vindicate the appellant's innocency, and wipe oft' the scandal taken at him. 7. Herein the presbytery is to exercise great prudence, doing justice to the innocent, yet so as not to weaken the kirk-session's authority in that congregation, if in justice it can be avoided. 8. But such an emergent may very well occasion the pres- bytery's giving the minister and elders of that session suitable injunctions and rules to walk by, or private admonitions, or to call for a visitation of their session register. 9. The same method is to be followed in appeals from pres- byteries to synods, and from synods to general assemblies. 10. An appeal being made by parties, should sist the exe- cution of the sentence appealed from, only while the appeal is duly and diligently prosecute, and may thereby be deter- mined ; othei^ise not, unless the judicatory appealed to re- ceive the appeal, and take the affair before them, and in that case the judicatory appealed from is to sist until the appeal be discussed. CHAP. VI. Concerning Processes, "johich natively begin at the kirk'Sessiony but are not to be brought to a Jinal determination by them. ± HERE are some processes, which natively begin at the kirk-session, which, for the atrocity of the scandal, or diffi- culty in the affair, or general concern, the session having the opportunity of frequent meetings of the presbytery to liave recourse thereunto, do not determine of themselves, such ag scandals of incest, adultery, trilapses in fornication, murder, 459 atheism, idolatry, witchcraft, charming, and heresy and error, vented and made public by any in the congregation, schism and separation from the public ordinances, processes in order to the highest censures of the church, and continued contu- macy j but the kirk-session having received information of such gross scandals, they are to weigh the same according to the rules and directions prescribed them in processes which belong to their peculiar province, and if they find good ground for a process, they are to deal with the person accu- sed to confess, that which now cannot bo hid nor amended, till satisfaction be made to the church ; which when done, the session is to refer the case, and send an extract of their pro- cedure thereanent to the presbytery. 2. When there is no confession of the scandals above men- tioned, the session are not to proceed to lead probation by witnesses or presumptions, till an account of the matter be brought by reference to the presbytery as aforesaid, and the presbytery do thereupon appoint the session to proceed and lead probation ; and after probation is led, the same is to be brought to the presbytery, who may inflict what censure they see cause. 3. Sometimes it will fall out that the process is so clear, as in a case of judicial confession, that the kirk-session may sum- mon the delinquent when before them ajpud actuj to compear before the presbytery, without previous acquainting them thereof, but where there is any difficulty, the kirk-session should inform the presbytery and take their advice before a party be summoned before them. 4. When the party or parties compear before the presby- teiy, if they confess and profess repentance for their sin, then the ]";resbytery having gravely rebukctl, and seriously exhort- ed the party or parties, are to determine the censure, and 460 prescribe the time and place of the parties their profession of their repentance publicly in the church of that congregation where the process began, the scandal being there to be taken away, or remit them to the session to receive orders there- anent. 5. It is thought more fit that the delinquents be appointed to remove the scandal in the congregation where the offence is most flagrant, especially if they reside there, rather than in the place where it was committed, if it be not public there, and that intimation of the removing thereof be made in o- ther places, if the judicatory shall find it needful. 6. When persons censured for those grosser scandals do apply to the kirk-session for relaxation, they may both be privately conferred with, and likewise their acknowledgments heard before the session, but they ought not to be brought before the congregation, in order to their absolution, nor ab- solved but by advice and order of the presbytery. CHAP. VII. Conccniing Processes against Ministers. jTjlLL processes against any minister are to begin before the presbytery to which he belongeth, and not before the kirk-session of his own parish. 2. The credit and success of the gospel (in the way of an ordinary mean) much depending on the entire credit and re- putation of ministers, their sound doctrine and holy conversa- tion, no stain thereof ought lightly to be received, nor when it comes before a judicatory ought to be negligently inquired into, or when found evident, ought to be slightly censured. 461 3. And because a scandal committed by a minister hath on these accounts many aggravations, and once raised, though it may be found to be without any ground, yet it is not easi- ly wiped off; therefore a presbytery would exactly ponder by whose information and complaint it comes first beftjre them, and a presbytery is not so far to receive the information, as to proceed to the citation of a minister, or any way begin the process, until there be first some person, who under his hand gives in the complaint, with some account of its probability, and undertakes to make out the libel ; 2^o, Or at least do, before the presbytery, undertake to make it out, under the pain of being censured as slanderers ; or, Ztio, That \hcfama clamosa of the scandal be so great, as that the presbytery, for their own vindication, see themselves necessitated to bcffin the process, without any particular accuser ; but the presby- tery in this case would be careful, first, to inquire into the rise, occasion, broachers, and grounds of the j^wa clamosa. 4. All Christians ought to be so prudent and wary in ac- cusing ministers of any censurable fault, as that they ought neither to publish nor spread the same, nor accuse the mini- ster before the presbytery without first acquainting the mini- ster himself if they can have access thereto, and then, if need be, some of the most prudent of the ministers and elders of that presbytery, and their advice got in the affiiir. 5. If there shall be ground found to enter in a process a- gainst a minister, the presbytei*y should first consider the li- bel, then order him to be cited, and to get a full copy, with a list of the witnesses' names to be led for proving thereof, and a formal citation in write is to be made cither personally or at his dwelling-house, bearing a competent time allowed to give in answers to the libel, and his just defence and objections against witnesses, at least ten free days before the day of com- u 462 peai'ancc, aiul the citation slioiild bear the date when given, and the names ot the witnesses to the giving thereof; and the execution bearing its date, with the names and designations of the witnesses, should be made in vvTite, and signed by the officer and witnesses, which being accoi'dingly returned, he is to be called, and if he compear, the libel is to be read unto him, and he is to be inquired if he has any answers to give in to the libel, that they may be read and considered, in or- der to the discussing the relevancy j and if the presbytery find tlie same, and that there is cause to insist, they are to endeavour to bring him to a confession, whereby he may most glorify God ; and if he confess, and the matter confessed be of a scandalous nature, censurable in others, such as the sin of uncleanness, or some other gi'oss scandal, the presby- tery (whatever be the nature of his penitency, though to the conviction of all) are insta7iter to depose him ah ojjicio, and to appoint him in due time to appear before the congregation where the scandal was given, and in his ov.n parish, for re- moving the offence, by the public profession of his repentance. 6. If a minister be accused of any scandal, and cited to ap- pear before his own presbytery, and do absent himself by leaving the place, and be contumacious without making any relevant excuse, after a new public citation and intimation made at his own church when the congregation is met, he is to be holden as confessed, and to be deposed and censured m- sianter with the lesser excommunication ; but if after some time he doth not return and subject himself to the censures of the church, he may be proceeded against till he be censur- ed with the greater excommunication, if the judicatory see cause for it. 7. If the minister accused do appear and deny the fact, af- ter the rclevanc5' is found, the jircsbytery proceeding to pro- 463 bation, and t6 find the truth of the matter, all the ch'cum- stanccs are to be exactly canvassed, and the accused heard to object agahist the witnesses. As also, he should be allow- ed to be present at the examination, and modestly to cross- interrogate, and then the reputation ol' the witnesses and their liability duly regarded, and the examination considered. If, after consideration of all these, the judicatory shall find the scandal sufficiently proven, they are to proceed to censure, as advised in the case of confession in paragraph 5. 8. If the matter laid to the minister's cliarge be such prac- tices as in their own nature manifestly subvert that order, unity, and peace which Christ hath established in his church, or unsoundness and heterodoxy in doctrine, then great cau- tion would be used, and the knowledge and understanding of witnesses much looked into ; and, withal, if the errors be not gross and striking at the vitals of religion, or if they be not pertinaciously stuck unto, or industriously spread, with a vi- sible design to corrupt, or that the errors are n'ot spreading among the people, then lenitives, admonitions, instructions, and frequent conferences are to be tried to reclaim without cutting off, and the advice of other presbyteries sought ; and unless the thing be doing much hurt, so as it admits of no delay, the Synod or General Assembly may be advised with in the affair, and the same intimated to the minister concern- ed. 9. If the hbel and complaint brought against a minister be a multitude of smaller things laid together, as several acts of negligence or other unsuitable actions, the presbytery, in pro- ceeding therein, are to make a presbyterial visitation of that parish to which the minister belongs, and at the said visita- tion are first to see if any of these things now laid to the mi- nister's charge were committed 2]Hor to the last presbyterial »2 464 visitation of that parish, and whether they were then laid to his change, and it' they were not, it would be tried how they come to be laid to his charge now. 10. If the presbytery find these things laid to his charge, to be committed since the last visitation, or find a satisfying rea- son wherefore they were not then tabled, they are to inquire what diligence hath been used in acquainting the minister with the offence taken at these things when first committed by him, and how far the minister hath been guilty of giving offence, after he knew offence to be taken. 11. It vvould likewise in this case be inquired, whether any of the complainers did first in a prudent, private way inform any of the neighbour ministers, of some of those things com- mitted by their minister, who is now challenged, before these offences came to be so many, as to merit a public and solemn trial, and accordingly the presbytery is to judge. 12. If the presbytery find, upon trial, the com.plaint to re- solve upon the minister's having committed such acts of in-r firmity or passion, as, considering all the circumstances, may be either amended and the people satisfied, and no such of- fence taken, or at least not to remain, so as to hinder the mi- nister's profiting the people, and that the offence was taken by the minister's own people only or mainly ; then the presby- tery is to take all prudent ways to satisfy and reclaim both minister and people, and do away the offence. 13. But before a minister deposed for scandalous carriage can be restored to the exercise of the ministry, there would not only be convincing evidences of a deep sorrow for sin, but an eminent and exemplary humble walk, and edifying con- versation, so apparent and convincing as hath worn out and heiilcd the wound the scandal gave. i65 14. Immediately on the minister's being deposed by the presbytery, tlie sentence is to be intimated in his congrega- tion, the church declared vacant, the planting thereof with another minister hastened, and never delayed on the expec- tation of his being reponed, it being almost impossible that ever he can prove useful in that parish again. CHAP. VUI. Concerning Processes in order to the censure of the greater excommunication. OlNCE there is a distinction betwixt the greater and tlie lesser excommunication, it seems that whatever have been the causes of the first process, yet ordinarily all processes that are in order to the greater excommunication are to be grounded on manifest contumacy, or obstinate continuance in scanda- lous practices •, and where there is no manifest contumacy, or continuance as aforesaid, the lesser excommunication needs only havo place. Yet in some extraordinary cases, the church, according to scripture warrant, hath summarily ex- communicated persons guilty of notour atrocious scandalous sins, to shew the church's abhorrence of such wickedness. 2. Even where there hath been a scandal delated, and con- tumacy following by not appearing, it would be considered, whether any scandalous practice hath been i)roven, or not; if not proven, then only ihe simple contumacy is to be proceed- ed against, for which it were hard to go a greater length than the lesser excommunication. 3. If the scandal hath been proven, and the censure of the lesser excommunication intimated as in chapter third, it seems 4G6 most reasonable that there be no farther proceeding, unless the scandal be gross, or of an heinous nature, or that it is spreadingpnd infectious, as in heresies or schism in the church; in which cases contumacy is to be proceeded against in order to the greater excommunication. 4. The kirk-session having brought the process to an inti- mation of the censure of the lesser excommunication, before they inflict the same, they arc to refer the affair to the pres- bytery, bringing tlieir whole proceedings before the presbytery in write, that the presbytery may thereby have a clear and full view of the whole affair. 5. The presbytery finding the kirk-session hath orderly pro- ceeded, and that the lesser excommunication is not sufficient, and that the affair is so weighty as to oblige them to enter on the process, they are to cause their officer to cite the scan- dalous person. 6. If the party appear, then the presbytery is to proceed in the inquiry at the accused, about the scandal alleged and li- belled, and if he deny it, then they are to proceed and lead probation as in other cases. 7. But if the party appear not, but contemn the citation, the presbytery causcth renew the same, until he hath got three citations, and after the three citations he is to be cited out of the pulj)it •, and for the further conviction of all concerned, intimation is to be made that the judicatory will proceed and inquire into the presumptions or probation of the guilt, and this is to be done although the delinquent be absent. 8. Then the presbytery is to order the minister of the con- gregation next Sabbath after, forenoon's sermon, to acquaint the congregation what proceedings the kirk-session first, and thereafter the presbytery hath made in the affair, and how contumacious the party was, and that the presbytery intended to proceed to the highest censure : And the minister is oravely to admonish the party (if present) to repent and submit him- self to the discipHnc of the church, threatening him, if he continue impenitent, that the church will proceed, yea though he be absent i the minister is to acquaint the people, that the churcli requires him to repent and submit as above said, under the foresaid certification. 9. There should be three public admonitions, and a pres- bytery should intervene betwixt each admonition ; and if after all, that person continue impenitent or contumacious, the same is to be represented to the presbytery, who are there- upon to appoint pubhc prayers thrice to be made, in which the minister is to exhort the congregation seriously to join ■with him in prayer, for the scandalous, impenitent or contu- macious person, which he is solemnly to put up to God, hum- bly begging that he would deal with the soul of the impeni- tent, and convince him of the evil of his ways. 10. The public prayers of the church are to be put up three several Sabbath days, a presbyteiy (where its meetings are more frequent, once a month at least) intervening be- tween each public prayer, both to shew the church's tender- ness towards their lapsed brother, their earnestness to have him reclaimed, and likewise to create a greater refjard and terror of that dreadful censure, both in the party and in all the people. 11. If, after all, the scandalous person makes no applica- tion, but continues impenitent ; the presbytery, after prayer, is to pass sentence, and appoint a minister to intimate the same, and to shew the presbytery's resolution to proceed upon such a Sabbath as they shall name, for pronouncing that dreadful sentence solemnly in face of the congregation, unless 4fJS cither the parly or some for him, signify some relevant ground to stop their procedure. 12. That day being come, it were fit the minister did preach a sermon suited to that solemn occasion, or at least after sermon the minister should show the congregation what he is going about, introducing the narrative of the process, with a discourse concerning the nature, use and end of church censures, particularly that of the greater excommuni- cation, if he hath not done it fully in his sermon. 13. The narrating all the steps of the process in order, shewing the church's faithfulness and tenderness towards the scandalous person, and declaring his obstinate impenitency ; and that now after all other means were used, there remained only that of cutting off the scandalous person from the socie- ty of the faithful, and intimating the church's warrant and order to him so to do. 14. And before the minister pronounce the sentence, he is to pray and desire all the congregation to join with him therein, that God would grant repentance to the obstinate person, would graciously bless his own ordinance, and make the censure effectual, both to edify others, and to be a mean to reclaim the obstinate sinner. 15. Then after prayer, the minister is with great gravity and authority to pronounce the censure, shewing his warrant from our Lord's command, and the apostle Paul's direction, and recapitulating the presbytery's warrant in obedience thereunto, and resuming the scandalous and obstinate per- son's behaviour, whom he is to name ; he therefore in the name and authority of our Lord and Master Jesus Christ doth, in verbis dc piYVsentif pronounce and declare him or her excommunicated and shut out from the communion of the faithful, debarring that person from their privileges, and in 469 the words of the Apostle, dehvering that person over to Satan j which sentence is to be intimate according to the 9th act of the Assembly, ajmo 1 704-. 16. If after pmyer, or before the censure be pronounced, the scandalous person do make any public signification of his repentance, and of his desire to have the censure stopt, the minister upon apparent seriousness in the scandalous person, which he sheweth to the congregation, may thereupon delay pronouncing the sentence, till he report to the presbytery at their next meeting, who are then to deal with the scanda- lous person as they shall find cause. 17. After the pronunciation of this sentence, the people are to be warned that they hold that person to be cast out of the communion of the church, and that they shun all unnecessary converse with him or her, nevertheless cxcommum'cation dissolveth not the bonds of civil or natural relations, nor ex- emptcth fi'om the duties belonging to them. 18. Although it be the duty of pastors and ruling elders to use all diligence and vigilance, both by doctrine and dis- cipline respectively, for preventing and purging out such er- rors, heresies, schisms, and scandals as tend to the detriment and disturbance of the church ; yet because it may fall out through the pride and stubbornness of offenders, that these Ineans alone will not be effectual to that purpose ; it is there- fore necessary after all this, to employ the aid of the ci\al magistrate, who ought to use his coercive power for the sup- pressing of all such offences, and vindicating the discipline of the church from contempt. d-70 CHAP. IX. Concerning the order of proceeding to Absolution, XT after excommunication the signs of repentance appear in the excommunicated person, such as godly sorrow for having incurred God's heavy displeasure by his sin, occasioned grief to his brethren, and justly provoked the church to cast him out of their communion, together with a full purpose of heart to turn from his sin unto God through Christ, and to refonn his life ?ind conversation, with an humble desire of re- covering peace with God and his people, and to be restored to the favour of God and light of his countenance, through the blood of Jesus Christ, and to the communion of the church, and the presbytery upon his application be satisfied therewith, and judge tlmt he ought to be absolved, and there- upon give warrant for his absolution ; he is to be brought be- fore the congregation, and there also to make free confession of his sin and sorrow for it, to call upon God for mercy iu Christ, to seek to be restored to the communion of the church, promising to God through grace, new obedience, and more holy and circumspect walkmg as becomes the gospel ; and that this appearance before the congregation be as often as church judicatories shall find may be for edification and trial of the professing penitent's sincerity; and being satisfied in this, then the minister and congregation are to praise God, who delighteth not in the death of a sinner, but rather that he should repent and live ; as also, for blessing the ordinance of excommunication, and making it effectual by his spirit to the recovering of this offender, to magnify the mercy of God through Jesus Christ, in pardoning and receiving to his fa- 471 vour the most gi'Ievous offenders whensoever they unfcigned- ly repent and forsake their sins; but before the minister pro- ceed to absohition, he is to pray with the congregation to this effect : * That the Lord Jesus Christ, Prophet, Priest and <* King of his Church, who with the preaching of the gospel " hath joined the power to bind and loose the sins of men, " who hath also declared, that whosoever by his ministers is *< bound on earth, shall be bound in heaven, and also, that " whatsoever is loosed by the same, shall be loosed and ab- " solved in heaven, would mercifully accept his creature N. *< whom Satan of long time hath holden in bondage, so that " he not only drew him to iniquity, but also so hardened " his heart, that he despised all admonitions, for tlie wliich " his sin and contempt, the church was compelled to excom- " municate him from the society of the faithful; but now *' seeing the Holy Spirit by his grace hath so prevailed, that <* he is returned, and professcth repentance toward God, *' and faith toward our Lord Jesus Christ, that it may please ** God by his spirit and grace to make him a sincere and un- *' feigned penitent, and for the obedience of our Lord Jesus ** Christ unto death, so to accept of this poor believing and *' returning sinner, that his former disobedience be never <* laid to his charge, and that he may increase in all godli- " ncss, so that Satan in the end may be trodden under feet " by the power of our Lord Jesus Christ, and God may be ** glorified, the church edified, and the penitent saved in the " day of our Lord." 2. Then shall follow the sentence of absolution in these or the like words : " Whereas thou N. hast for thy sin been " shut out from the communion of the fliithfiil, and hast now " manifested thy repentance, wherein the church resteth satis- " Tied, I in the name of the Lord Jesus, before this congre- 472 ** tion, pronounce and declare thee absolved from the sen- ** tence of excommunication formerly denounced against thee, *' and do receive thee to the communion of the church, and " the free use of all the ordinances of Christ, that thou mayest ** be partaker of all his benefits to thy eternal salvation." 3. After this sentence of absolution, the minister speaketh to him as a brother, cxhorteth him to watch and pray, and comforting him as there shall be cause ; the elders embrace, and the whole congregation holdeth communion with him, as one of their own, and the absolution should be intimate in all the churches where the excommunication was intimate. TABLE OF CONTENTS. Page Advertisement, - - - - v List of the Commissioners of Assemblies, - - ix List of the Moderators of Assemblies, - - _ xiii . Abridgment of the Acts of Assembly from l638 to 1801, alpha- betically arranged, P. 1 to p. 412 CONTENTS OF THE SUPPLEMENT. Interim Act respecting the licensing Probationers, - 413 Recommendation respecting the promoting of Theological Learning, . . - - _ 420 Overture respecting ordained Assistants and Successors, 422 Act relative to printing Commissions, - - 423 Overture relative to the Ordination of Elders, - - 425 Order and Injunction relative to Teachers and Schoolmasters, 4,26 Injunction respecting the Visitation of Schools, - - 428 Abstract of Act of Parliament, for making better provision for Parochial Schoolmasters, &c. - - - 430 Abstract of Act of Parliament for defining the powers of the Commission of Teinds relative to Augmentations, - 433 Abstract of act of Parliament for augmenting Parochial Sti- pends which were under L. \ 50 per annum, - 435 Cases relative to Church-affairs decided in the Court of Teinds, 439 Form of Process in the Church Judicatories in relation to Scandals and Censures, " - - 411 %* The Form of Process consists of, Page Chap. I. Concerning Church Government, Discipline, Scandal end Cen- sures in general, - - - - 442 Chap. II. Concerning the entering of Processes, citation of parties and Witnesses, and asking depositions, and anent fugitives from disci- pline, .... 444 CuAP. III. Concerning Swearers, Cursers, Profaners of the Lord's Day^ Drunkards, and other scandals of that nature, - 449 Cjiap. IV. Concerning the sin of Fornication, Adultery and scandalous Carriage tending thereto, - - 450 Chap. V. Concerning appeals from a Kirk-session to a Presbytery, &c. 45G Chap. VI. Concerning Processes which natively begin at the kirk-session, but are not brought to a final determination by them, 458 Chap. VII. Concerning Processes against Ministers, - 460 Chap. VIII. Concerning Processes in order to the censure of the greater excommunication, - - - 465 Chap. IX. Concerning the order of proceeding to Absolution, . 470 WORKS PUBLISIIKD BY ARCHIBALD CONSTABLE & CO. EDINBURGH. I. The FARMLR'S MAGAZINE, a pniodical work, published quarterly, exclusively devoted to Agricukuic and Rural Aliaus, tor the Years 1800, KSOl, 1802, 1803, 1804, 180o, 1806", 1S07, 1808, 380.9, 1810, 44 Numhers, (and Supplement to 1803,) price £. 5, 2s. ; or in eleven \'^oUiiiies m boards, price £. 5, 7 s, *f* The establishment of a Board for promoting Agriculture and internal improvement, brought husbandry into fashion, and directed pubhc attention to an art which before that period, had been undervalued and neglected. From this change of public sentiment, the Proprietors of the Farmer's Magazine were encour.,ged to bring forward a periodical work which both contained in- teresting discussions upon agricultural subjects, and furnished select and impor- tant information respecting the state of markets, jrodute of crops, rate of rents, and value of labour in almost every district of the island. 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In one Volume Svo. 9s. in boards. *,• It is the singuLir and unaffected benevolence of manner — the tone of genuine goodness and conciliating candour, so unlike the contemptuous arro- gance of vulgar theologians — that forms the chief charm of ihe volume before us and induces us to point t out to the attention of the public, as envnently cal- culated to fix the principles of the young and careless, and to improve the cha- rity, and mend t!ie hearts of readers of every description." — EJlr.liurgh j?twV7£>, NO. xxvii. Worh Published III. SERMONS by Thomas Lawuie, D. D. Minister of New- bum, 8vo, 10 s. 6d. boards. IV. DISCOURSES and SERMONS, by the late Dr John Erskini:, 2 vols. Svo. Price 10 s. boards. •»• Either volume may be had separately. V. The SCOTCH MINISTER'S ASSISTANT, or, A Collection of Forms for celebrating the Ordinances of Marriage, Baptism, and the Lord's Supjier, according to the usage of the Church of Scotland. "With suitable Devotions for Church and Family Worship. Svo. Price 7 s. boards. VI. HISTORY of the REFORMATION in SCOTLAND. By George Cook, D. D. Minister of Laurencekirk, Author of an *' lilustration of the General Evidence establishing the Reality of Christ's Resurrection." Handsomely printed in Three Volumes, Svo. Price £. 1, lis. 6'd. boards. *, * The object of this work is to trac? fully and impartially tha progress of the Reformation in Scotland, from its infrodu :tion, till it supplanted the eccle- siastical system which, in that kingdom, had long been established, and anxious- ly protected by the Legislature: — to point ovt the causes of this interesting Revolution in publi opinion: — to appreciate the merit of those eminent men who struggled to accomplish it : — and to exhibit its effects in elevating the na- tional character, by introducing more rational religious sentiments — by laying the foundation of intellectual improvement — and by disseminating the most en- lightened principles of po itical liberty. To this history is prefixed an intro- ductory book ; the great purpose of which is, to give a view of the state of re- ligion in Scotland before the Reformation ; and of its influence upon govern- ment— upon the adm nistration of justice — upon morality — upon the advance- ment of knowledge — and the general happiness of life. VH. SERMONS by William L. Browx, D. D. Principal of Marischal and University College, Aberdeen. Svo. 7 s. boards. VIII. ESSAYS on the NATURE and PRINCIPLES of TASTE. By Archibald Alison, LL. B, Prebendary of Saruni, S)-c. Senior Minister of the Episcopal Chapel, Cowgate, Eninburgh. Second Edition, with Additions. In Two Volumes Octavo. •»* To this edition are added, Observations on the Origin of the Beauty of the Human Countenance and Form. IX. The POWER of RELIGION on the MIND, in Retirement, AlHictioii, and at the approach of Death ; cxemplilied in the testimo- nies and experience of persons distinguished bv their greatness, learn- ing, or virtue. By LiNDLiY Murray. 'l1ie loth edition; hand' somely printed in one volume, fine demy octavo, large letter; price 12 s. in boards. APPENDIX, CONTAINING AN ABRIDGEMENT OF ALL THE ACTS OF PARLIAMENT RELATING TO THE CHURCH OF SCOTLAND. APPENDIX. AnULTERY. i\ OTOUR adultery to be punished with confiscation of move- ables.—l.-JJl, 202. Notour adultery, after due admonition to abstain from the crime, to be punished with death. — 1 563, 74. 1701,11. Notour adultery declared to be either, where there Is issue procreated between the adulterers ; or where they keep bed and company together, notoriously known ; or where they give scandal to the church, and, notwithstanding admonition, reiii.se to abstain, and are for their obstinacy excommunicat- ed.—1581, 105. 1701, 11. Nota. The punishment of simple adultery is nowhere de- fined by statute, and is therefore left to the discretion of the judge; but custom has made the falling of a single escheat to be one of its penalties. — ErsJcinc's Inst. 508. AC I.N r rOR CHE KlRtC. 1640, 37. ANN. In all cases thereafter, the aun to be half-Ji-year's rent of the benefice or stipend, over and above what is due to the de- ceased for his incumbency ; which is settled thus — If the in- cumbent survive Whitsunday, he shall have right to the half of the year's %i\\)cvu\.jure proprioy and to the other half as ann; and if he survive Michaelmas, he shall have right to the whole 476 ATHEISM. BIGAMY. year's stipend jure proprio^ and to the half of the following year as ann. And declared, that the executor shall have right to the ann without necessity of confirmation. — 1672, 1 3. Nota. The ann is not disposeable by the defunct, and it cannot be affected by his debts. It is divided betwixt the re- lict and the children, and where there are no children, it is divided betwixt her and the nearest of kin. — Forbes on Ch. Lands. Erskine's Inst. 60. ATHKISM. Whoever denies God, or any of the persons of the blessed Trinity, and obstinately continues therein, shall, after declar- ation of the said obstinacy by the kirk, be prosecuted before the justiciary court, and being found guilty, shall be punished with death.— 1649,28. 1661,21. Whoever hereafter shall, in writing or discourse, deny, im- pugn, or quarrel, argue, and reason, against the being of God, or any of the persons of the blessed Trinity, or the au- thority of the holy scriptures, or the providence of God in the government of the world, shall, for the first fault, be punished with imprisonment, till he give public satisfaction, in sackcloth, to the congregation within which the scandal was committed : For the second fault, the delinquent shall be fined in a-year's valued rent, and the twentieth part of his free personal estate, besides being imprisoned till he make satisfaction as above ; the one-half of these fines to the poor of the parish, and the other to the informer. For the third fault, he shall, by the court of justiciaiy, be condemned to death, as an obstinate blasphemer. -^1695, II. UICJAMY. Bigamy to be punished by confiscation of moveables, in- BLASPHEMY. — CHUKCH GOVERNMENT. ^17 tJiniy, and imprisonment year and day, and longer, at the king's will.— 1551, 19. BLASPHEMY. 'i Whoever hereafter, not being distracted in his wits, shall rail upon, or curse God, or any of the persons of the blessed Trinity, shall sullcr death.— 1649, 28. 1661,21. 1695,11. CHURCH GOVERNMKNT. That the examination and admission of ministers be only in the power of the kirk, without prejudice to the patron's rights. — 1567, 7. That every parish have its own pastor, with a sufficient sti- pend ; and that kirks annexed to bishopricks be provided with sufficient ministers. — 1581, 100. Heresy, false and erroneous doctrine, blasphemy, fornica- tion, common drunkenness, non-residence, plurality of bene- fices, simony, and dilapidation of the rents of the benefice, declared to be sufficient grounds of deprivation of ministers : And 'tis declared a sufficient qualification of non-residence, that a minister absents from his parish four Sundays in the whole year, without lawful cause and impediment allowed by the ordinar}'. Ministers ordinarily convicted of a capital crime, and, being orderly deprived from their function for the same, by the ecclesiastical judge, are declared to lose their benefices. — 1585, 132. 1587, 32. General assembhes ratified and approved ; declaring it law- ful to the kirk and ministers to hold general assemblies eveiy year, and oftener jy/o re nata ; his Majesty or his commission- er having power to name the time and place of meeting of the said general assembly ; and in absence of his Majesty or his commissioner, it shall be lawful for the general assembly itself to appoint the time and place of its next meeting. The 47S' CHURCJl (.OVKRNMENT. synodical or provincial assemblies also ratified and approved, ^o be holden twice in the year, as also the presbyteries and particular sessions. The synod or provincial assembly im- powered to handle, order, and redress all things omitted and done amiss in the particular presbyteries, and to depose the office-bearers of the province causa cogiiita. And in general 'tis declared to have the whole power of the jiarticular elder- ships whereof it is made up. The presbytcraons, and to travail to reform them by admonition, or threatening of God's judgments, or by cor- rection. It appertains to the eldership, to take heed that the word of God be preached in purity within their bounds, the sacraments rightly administered, discipline kept up, and eccle- siastical goods uncorruptly distributed.— liy Act 1584, 129. 'tis declared to be treason to decline his Majesty or his privy-coim- cil in any matters, whether spiritual or temporal; but this not to derogate from the privileges of the ministers of the church concerning heads of religion, matters of heresy, excommuni- cation, collation, deprivation of ministers, or such like eccle- siastical censures. — Presentations to benefices tbrmerly direct- ed to the bisliops, to be directed to the presbytery, with full power to it to give collation thereupon ; and that the presby- tery shall be bound and astricted to receive and ad)nit what- ever qualified minister is presented by the King or laic pa- tron.—1592, 116. Sentence of deprivation of ministers, which excludes them from their office, declared to exclude them also from their benefice.— 1592, 117. Enacted, That a person being charged by the beadle, and thereafter by the minister of the parish three several Sundays from the puli^it, in the nanje of God and the King, to obey a sentence of the church against him, and refusing, shall bo CHURCH GOVEBNMENT. 479 cited, upon application of the judicatory which pronounced the sentence, before the court of session, that letters of horn- ing upon a charge of ten days be directed against him, in case of disobedience. — 1593, 164. Common kirks declared to be of the same nature with par- sonages and vicarages, and to be conferred by a presentation of the lawful patron, seeing they are benefices of cure.— 1594, 199. That vacant bishopricks shall be filled by his Majesty with actual ministers and preachers ; that persons so provided to bishopricks shall vote in parliament. — 1597, 231. Archbishops and bishops restored to their ancient privi- leges.— 1606, 2. The indiction of the general assembly declared to appertain to his Majesty by his royal prerogative — That the bishop be moderator in every synod ; that no sentence of excommuni- cation or absolution therefrom, be pronounced without the approbation of the bishop : that all presentations be directed to the archbishop or bishop with power to them to fiJl vacant churchcsjure ilcvoluto. — Depositions and suspensions of mini- sters to be by the bishop, with the consent of the ministers of the bounds where the delinquent served ; that every minister, at his admission, shall swear obedience to his Majesty and to his ordinary ; that the visitation of ilk diocess be by the bishop himself, or by some worthy ministers chosen by liinij and that the convention of ministers for exercise shall be moderated by the bishop being present : and, in his absence, by any other minister whom he shall appoint at the synod. — Where the archbishop refuses to admit into a vacant benefice, a qualified person presented by the patron, the privy-council, upon a complaint to them by the parish, shall direct letters of horn- ing, charging the ordinary to do his duty in receiving and admitting the person presented; and the patron in the mean- %^(| CHURCH GOVERNMENT. (4m«; is empowered t»^ retain the whole fruits of the benefice in his own hands. — 1612, 1. Episcopal form of government abolished j and civil power conferred upon ecclesiastical persons, declared unlawful. — 1640, 4. , . .rtasilJ Archbishops and bishops restored to their former authority and jurisdiction, both civil and ecclesiastical; particularly to the jurisdiction of commissariots. — 1662, 1. A national synod or assembly constituted, and the mem- bers of whom it is to consist, and the matter of which it is to treat appointed. — 1663, 5. Prelacy and all superiority of any office in the church above presbytery, abolislied.— 1689, 3. The Prebbytei'ian church-government and discipline rati- fied and confirmed J that is to say, the government of church by kirk-sessions, presbyteries, provincial synods, and general assemblies — 1690, 5. The Presbyterian form of church-government and dis- cipline further ratified and confirmed. — 1700,2. 1702,3. 1703, 2. . The same established and confirmed j and declare that it ^hall continue without any alteration to the people of this land in all succeeding generations. The Presbyterian government declared to be the only government of the church witlun the kingdom of Scotland ; and that pursuant to the claim of right it shall remain and continue unalterable ; and tliat none of the subjects of this kingdom shall be liable to, but that aH and cveiy one of them shall be for ever free of any oath, test, or subscription within this kingdom that is contrary to, or in- consistent with the foresaid true Protestant religion and Presbyterian church-govermnent, worship, discipline tt?- above established. — 1707, 6. CLANDESTINE MARRIAGE. 481 CLANDESTINE MARUIAtiE. Wlioever sliall hereal'ter marry in a clandestine and inor* derly way, or procure themselves to be married by persons not authorised by this kirk, shall be imprisoned for three fiionths ; and shall pay, each nobleman L. 1000, each landed gentleman 1000 merks, each gentleman and burgess L. 500, each other person 1 00 merks, and shall remain in prison un- til they make payment of these respective penalties ; which are ordained to be aj)plied to pious uses within the parishes where the delinquents dwell : That the celebrator of sudi marriages be banished the kingdom, neter to return under pain of death : 'lliat none contract marriage in England or Ireland, without proclamation of banns in Scotland, undCT the pains following; for eadi nobleman L. 1000, for each landed gentleman 1000 merks, for each burgess L. 500, for each other substantial pcrs^on 500 merks, for ayooman L. 100, for each person of infeiior quality 100 merks, the one half to belong to the king, the other to the parish where the de- linquent resides. Antl his Majesty's advocate, and procu- rator for the kirk are appointed to be the prosecutors. And poor men, who cannot pay, are appointed to be punished with stocks and irons. — 1641, 8. IG^l-, Si. Parties chmdestiiicly or irregularly married, contrary to the above Act IGGK 3-1-. shall be obliged to declare the name of the person who celebrated the same, and of the witnesses, under penalty, upon a nobleman L. 2000, upon a baron or landed gentleman 2000 merks, upon a gentlemen or burgess L. 1000, and upon each other person 200 merks, to be ap- plied to pious uses within the parish ; and of imprisonment, ■, 19- — 1641,50. — Kh'l, :i'2.. — Kifji, (il. — Ui(i:i, '.-8. — 1(>7'-!, I.3.— KiS.O, 'J ri.— KiHO, 'i'2.— UiyO, "U. — 16'!)3, '2.5. The lords of session appointed perpetual commissiorieis, to co<»nosce ami determine in all affairs which belonged to the jurisdiction of eonnnissions appoiuted for that ellbct j particu- larly to disjoin too hirge pari.^hes, to erect new churches, to annex and dismember churches, conform to the rules laid down by Act 19. Pari 1638, and Act 30. Pari. 1690, so far as the same stand unrepealed ; the transporting of kirks, dis- joining of too large parishes, and erecting new kirks, beino- with consent of the heritors, three parts of four of the valua- tion of the parish. Tiiey are dirccted to meet and sit each Weilnesday in the afternoon, during tlje time of session, and to call and discuss their causes summarily, conform to a roll. The lord-register and his deputes to have the sole power of raising and subscribing of summonses and diligences relatina' to this court, the same passing the conmion signet as former- ly ; and the niacers of privy-coimcil, who by their drifts at- tended former commissions, to continue their attendance be- fore the lords of session acting as a commission court. — 1 707 9. Nofa. The proceedings of the judges of session, in the ca- pacity of commissioners, are subject to the review of the house of lords, as in other cases. — 8 July 1784. Z,>iX-. Insf. 54. COMMUNION ELEMENTS. Conmmnion elements to be furnished by the parson of the parish.— 1572, 51. Tliat in every parish the parishioners stent themselves in a -fS4 CONl-ESSlON Ol I Aim. — DliUNKENNESS. sum for providing of basons and lavers for administration of tlie sacrament of baptism, and of cups, tables, and table-cloths, for flie ministration of the holy communion. — 1617, 6. Nota. The burdens mentioned in the above act are now for the most part undertaken by the heritors. — Ersk, Inst, 5S. CONFESSION OF FAITH. The confession of faith ratified, and all acts of parliament contrary to it rescinded. — 1^67, 31. All ecclesiastical persons bound to subscribe the confession of faith under the pain of deprivation. — 1572, 46. All laws, statutes, and acts of parliament made against Popery and Papists, revived, ratified, and perpetually con- firmed ; and the Westminster confession of fiiith voted and approved by parliament, as the public and avowed confession of faith of this church.— 1690, 5. Ministers and preachers must subscribe the confession of feith.— 1693, 22. / DRUNKENNESS. Enacted, That who drinks to excess, or haunts taverns and alehouses after ten hours at night, shall pay, a nobleman L.20, a baron 20 merks, a gentleman, heritor, or burgess 10 merks, a yeoman 40 shillings, and a servant 20 shillings toties quoties, and a minister the fifth part of his stipend. — 1661, 19. Acts against drunkenness.— 1617, 20—1672, 22.— 1690, 15. — 1693, 40.— 1696, 31. EXCOMMUNICATION. That excommunicated persons be not admitted totheKing*s palace, nor his pf esence, nor to parliament, nor be answered at law, till they assyth the party, and obtain absolution. — 1443, 7. Excommunicated persons who enter the church during the 6 EXC0MMUN1CAT40N. — FORMULA. — FORNICATION. 4S0 time of the administration of the sacrament, or of common prayers, to be delivered to the judge ordinary, and by him to be imprisoned till he find caution to reconcile himself to the church, and to make amends for his offence. — 1587, 27. Forty days being passed after sentence of excommunication, enacted. That letters be directed at the instance of his Ma- jesty's advocate for denouncing the excommunicatetl rebels, and for putting them to the horn, by warrant of the Lords of Privy-Council and Session, and that such denunciation be suf- ficient against them for using caption, and for making the escheat and life-rent of the rebels conform to the standing laws of this kingdom. — 1061, 25. All acts injoining civil pains upon sentences of excommuni-' cation, rescinded. — 1690, 28. No civil pain or forfeiture or disability whatever, shall be incurred by any person, by reason of any excommunication^ or prosecution in order to excommunication by the church- judicatories in Scotland. — 10. Ann. 6. FORMULA. 1700, 3. 1707, 8. FORNICATION. Fornicators, to pay for the first fault L. 40, for the second 100 merks, for the third L. 100; and so forth always L. 100, or else to be punished corporally, as in the act ; and the said fines to be applied ad pios usus within the bounds, as the King shall order.— 1567, 13. 164-9, 12. The justices of the peace empowered to put in executioj) the acts against fornication; and shall levy, for the first fault from a nobleman L.400, from a baron L. 200, from a gentle- man or burgess L. 100, and from every other person L. 10 Scots; and these penalties shall be doubled according to the relapses and quality of the offender. These penalties shall be 486 GLKiu;-. IcN'ictl, not only from the man, but from the woman, accord- ing to her quality and degree of offence ; and shall be disposed of to pious uses, viz, one half to the parish where tlie delin- quent lives, or the offence committed, and the other divided into two parts, the one half whereof to be given to the in- former, tlie other to the constable who brought the accused to justice 1661, 3S. All laws and acts against fornication and uncleanness, re- newed and confirmed. — 1690, 25. All laws and acts of parliament against fornication and pro- faneness again revived and ratified ; and persons guilty ordain- ed to be pi'osecuted, and the fines imposed to be instantly paid to the parish collectors for the poor, or the party to be im- prisoned till sullicient caution be found for the payment of them ; and no pretence of different persuasion in matters of religion, shall exempt the delinquent from being censured and pani-hed for *uch immoralities. — 1696, 31. GLEBE. Tliat the minister have the principal manse of the parsbn or vicar, with a proportion of glebe.— 1563, 72. That the minister have fbur acres of the glebe most adjacen^ to the manse ; and this whether the glebe be set in feu, or in Cick, or otherwise — 1572, 48. Ministers shall pay no teind for their glebes or kirk-lands cxtendbig to four acres of land. — 1575, 62. That the acts providing manses and glebes to ministers, be extended to all abbeys and cathedral kirks, where there is no manse or glebe belonging to the parson or vicar, so that the minister may have a sufficient manse within the precinct of the abbey where he serves, together with four acres of land be- longing, or which at any time did belong to the abbey, lying nearest to the manse— 1592, 118. GLEBE. 4C,7 Where there has been no glebe of old, or the glebe less than four acres, that the designation be out of the parson's, vicar's abbot's, or prior's lands ; and failing thereof, out of the bishop's lands, Iriar's lands, or any other kirk-lands within the parish ; and that the glebe be designed, with freedom of foggage, pasturage, fuel, feal, divot, loaning, free ish and entry, and all other privileges and rights, according to use and wont. — 159, 1653. That the feucrs, possessors, and tacksmen, out of whose lands as nearest to the kirk, glebes arc designed, have relief off the other fcuers, possessors, luid tacksmen of kirk-lands, within the parish, jiro rata. — \ob\^ 202. Where there is no arable land adjacent to the kirk, that four soums of grass, of the most commodious and best pas- turage of kirk-lands, within the parish, be designed in man- ner foresaid, for each of the said four acres. — 1606, 7. ^Vhe^e, for want of arable land, pasture land is designeil for a glebe, it is declared free from paying teind. — 162l, 10. Where there are no kirk lands within the parish, or where the same is mortified to universities, schools, or hospitals, it shall be lawful to design a glebe to the minister out of any other land, or out of grass, where there is no arable land, most commodious and nearest to the parish-kirk. And the whole heritors of the parish must contribute proportionally for a recompence to the heritor whose land is designed for the glebe, viz. heritors of kirk-lands when kirk-lands are de- signed ; and all the heritors of the parish, where other lands are designed. — le^i, 31. Besides fuel, foggage, feal, divot, designed to ministers, ac- cording to Act 165. Pari. 1593, every minister, except mi- nisters of royal burghs, who have no right to a glebe, have grass for one horse and two kine, over and above their glebe, to be designed out of kirk-lands, and with relief, according to former acts of parliament. And if there be no kirk-land< d'88 JURISDiniON OF THE KIRK-SESSION.— KIRK, &C. lyino- near the minister's manse, or if the kirk-lands be arable lands, in either of these cases, the heritors are appointed to pay to the minister the sum of L.20 Scots, for the said grass for one horse and two kine j they being always received ac- cording to the standing law, off the heritors of kirk-Ian^ in the parish. And because several kirks have no glebes as yet designed to them, it is specially provided, That in all de- signations of glebes, incorporate acres, in village or town, Tvhcre the heritor hath houses and gardens shall not be design- ed ; he always giving other lands nearest the kirk. — l6f>iJ, 2 1 . Nuta. It is usual to allow half an acre of ground for a manse and garden. Ersk. Inst. 55,— Trees growing upon the glebe are the property of the minister, and may be dis- posed of by him for his own advantage. — Humhie, 1791. JURISDICTION OF THE KIRK-SESSION. Power given to the kirk-session in every parish to put in execution, Act 74. Pari. 1579, for punishing strong and idle beggars, and for supporting the poor. — 1597,272. 1600, 19. Power given to the kirk-session in every parish to try, cognosce, and put into execution the statute prohibiting lint to be steeped in lochs and burns. — 1606, 13. 1685, 20. Jurisdiction given to the kirk-session to try the crime of drunkenness. — 1617, 20. KIRK AND KIRK-YARD. Parish kirks, after being sufficiently mended in windows, thack, and other necessaries, appointed to be upheld by the parishioners and parson in manner following : The two parts 6f the expences thereof to be made by the parishioners, and the third part by the parson ; and that the same might take effect, letters appointed to be directed to the officers of the Qiieen, sheriffs in that part, to pass and charge parishioners of the parish kirks within the realm, tfAI(UIAGt. 491 most knowing and discreet men of the parish, build compe- tent manses to their ministers, the expence of which should not exceed L. 1000, and not beneath 500 merks. Where competent manses were already built, the heritors of the pa- rish ordained to relieve the minister and his executors of all costs, charges, and expences, in repairing the same, and de- clared, that the manses being once built and repaired, and paid by the heritors, the said manses shall thereafter be up- holden by the incumbent ministers during their possession, and in time of vacancy by the heritors out of the readiest of the vacant stipend. — M)49. 45. \6t)3, 21. Nota. When a manse is built or sufficiently repaired, the heritors may apply to the presbytery to declare it a free manse; and the declaration will lay the incumbent under an obligation of taking care that it suffer no injury from his ne- gligence; but it will not bind him or his executors to make up the loss arising from the necessary decay of the building from the waste of time. — F,rsk. Inst. 56. Heritors oj (Jamie against the Preshifterxj oJSlrathhogieyFeh. I786. MAKUlACiE. A male not capable to contract marriage until he be four- teen years complete, and a female twelve. — Q. A. c. 29. Holden and repute husband and wife, is a presumptive evidence of marriage. — 1503, 77. Marriage declared to be lawful betwixt all persons who are not within the degrees prohibited by the law of Moses. — I5()7, 15. Vide Lcvit. xviii. Marriage contracted betwixt the person divorced for adul- tery, and the person with whom the adultery was committed, declared to be null and void in time coming, and the children of such unlawful marriage to be inhabile to succeed as heirs to their parents. — 1600, iZO. 49'i MINISTKRF. MINlSTEKh. That kirkmen live honestly upon the rents of their bene- fices, and be not husbandmen, shepherds, and merchants. — Stat. Will. c. 34. That ministers enjoy their old privileges and freedoms ; and that no man hinder them to set their lands and teinds, under the pain of spiritual law and temporal. — 14'24, 1. 1466. 1. 1469, £5. That no horning be directed against ecclesiastics for pay- ment of their tax, provided the clergy finds some other se- cure method for bringinfj in the same. — 1555, 05. Every person pretending to be a minister, and possessing any benefice or stipend, shall, within a month after his admis- sion, subscribe the confession of faith, and give his oath for acknowledging his Majesty ; and make public profession of both in the kirk where his living is, on a Sunday in the time of divine service. And if any person shall maintain any doctrine diic.tly contrary to any article of the said con- fession, and persisting therein or relapsing, after admonition, he shall be deprived of his church-living. — 157 -. 46. Ministers disabled to be judges, whether in civil or crimi- nal courts, commissaries, advocates, clerks in any court, or notaries, except in making of testaments, under the pain of deprivation from their benefices, livings, anil function. — 158^, 183. Invading a minister, or putting violent hands upon him for demanding his stipend, or discharging his duty, shall be punished by escheat of moveables, though no slaughter or mutilation foilow. The one hali of said moveable goods to be applied to the King's u^^e, and the other to the party of- ^fendcd. — 1567, 27. Appointed, That every preacher of God's word hereafter MIMSTEUS. 493 sliall wear black, grave, and comely apparel, beseeming men of their state and profession. — 160 ', 8. To secure ministers from losing their books in their own life, enacted, That ministers' books shall not fall under the executry of their predeceasing wives. — 1,)44 IQ- Each minister who shall blaspheme, swear, or curse, or who shall drink to excess, shall be fined in the fifth part of his year's stipend, to be uplifted and disposed of by the act and instructions ancnt justices of the peace. — 15"61, .JH. Act 27. Pari. 1587, ratified, with the following addition, That those who invade ministers, and lay violent hands upon them, or command or direct others so to do, for whatever cause or occasion, other than by order or law, shall incur the pains contained in that act. And the same extended to all archbisiiops, bishops, and ministers whatever, havingpower by lawful warrant to preach and administer the sacraments. — 1663, 7. That no person be admitted, or continued hereafter to^be a minister or preacher within this church, unless, he having first taken and subscribed the oath of allegiance andsubscribed the assurance; also subscribe the confession of faith, declarinor the same to be the confession of his faith, and that he owns the doctrine therein contained, to be the true doctrine to which he will constantly adhere. As also. That he owns and acknowledges Presbyterian church-government, to be the only government of this church, and that he will submit thereto, and concur therewith, and never directly or indirectly endeavour the prejudice or subversion thereof. — 1693, 22. Every minister and preacher, as well of the established church of Scotland, as of the episcopal communion, shall, during the exercise of divine service, pray in express words for the Queen and all the royal family, under the penalties 494 Ml;UD£lt. of L.20 sterling for the first offence, and of deprivation for three years for the second.— 10. Ann. 6. Preachers in episcopal meeting-houses must pray in ex- press words for his Majesty King George.— 5. Geo. I. 28. 19. Geo. II. Because the widows and children of the ministers, and of the heads, principals, and masters of the universities of Scot- land, had often been left in indigent circumstances, and the charitable designs for their relief had proved ineffectual, en- acted, That the said ministers, and principals, and masters of the universities pay out of their respective stipends or sa- laries at their option, some one of the following rates, viz. L.2.12.6. — L.3.18.9.— L.5.5. — L. 6.11.3. sterling, to be ap- plied foi liferent annuities to their respective widows, amount- ing to the following sums of L. 10. — L. 15.— L. 20. -L. 25. sterling, in proportion to such of the aforesaid annual rates as they shall have respectively chosen. And also, to the making provision respectively for their children, amounting to the sums of L. 100.— L. 150.— L. 200 L. 250. sterling, and in like proportion. And further enacted, That the sur- plus of the aforesaid annual rates, and other sums payable by virtue of the act are, after payment of the annual expence of management, and of the annuities payable to widows, and of the provisions payable to children from time to time, be lent out upon proper security, until the capital amount te L.10(),0()0 sterling. — 19. Geo. III. 20. MURDKP. Murder shall be capitally punished.— 1426, 89. 1491, 28. If any woman conceals her being with child the whole space, and calls not for, nor makes use of help and assis- tance in the birth, the child being found dead, or amissing, OATHS. — PAllRiriDE. — PATRONS, &C. 495 she shall be holden and reputed the murderer of her own child.— 1690, 21. OATHS. All candidates for the church, before obtaining license to preach, must take the oaths to government, and record a certificate of the same in the sheriff or steward's books, un- der the pain of six months imprisonment, and being incapa- ble of any benefice. Preachers in episcopal meeting-housea must take the oaths, and pray in express words for his Ma- jesty King George.— 5. Geo. I. 20. lO. Geo. II. An act more effectually to prohibit pastors or ministers from officiating in episcopal meeting-houses in Scotland, without duly qualifying themselves according to law ; and to punish persons for resorting to meeting-houses where such unqualified pastors or ministers shall officiate. — 10. Geo, IL 38. 21. Geo. II. 34. Masters and teachers of private schools in 'Scotland, and chaplains, tutors, and governors of children or youth, to take the oaths to his Majesty, and registrate the same. — 19« Geo, II. 39. 21. Geo 11.34. PARRICIDE. Whoever kills his father or mother, grandfather or grand- mother, he and his posterity m Ihiea recta shall be disinhe- rited of his heritages for ever, and the next collateral shall succeed therein. — 1594, 220. Whoever above the age of sixteen years, not being dis* tracted, beats or curses his father or mother, shall be put to death without mercy ; and those within sixteen years, and past pupilarity, shall suffer an arbitrary punishment. — 1649» 33. 16(>1, 20. PATRONS AND PATRONAC.F. A clergyman who is admitted upon a presentation from one held and reputed at the time to be patron, shall keep pos- 496 PATEONS AND PATRONAGE session of the kirk during liis life.— i?. M. I. 3. c. 23. § 32. The last presentation to a church, entitles the person who presented to continue his possession till the point of right be discussed. And when different persons are presented by dif- ferent patrons to the same church, the church judicatoiy, u})on a motion from either of the parties, must stay any pro- cedure in the settlement, till it be decided in the King's court which of the two truly is patron. — R. M. I. 3. c. 23. § 36. That the patron present a qualified person within six months after the death of the former incumbent comes to his knowledge, otherwise the kirk to liave power to dispose of the same: That if the patron present a qualified person, and failing of one, present another within six months, there shall lie an appeal from the superintendant who refuses to admit him, to the superintendant and ministers of the province, and from them to the general assembly, whose judgment shall be final— 1567, 7- That presentations be in favour of able and quahfied mini- sters, under pain of nullity. — 1581, 102. A patron upon intimation of a sentence of deprivation to him, shall be bound to present a qualified person to the kirk within six months, under the certification, That if hefailzie, the right of supplying the vacancy shall devolve upon the presbytery j:;y(? hac vice : And if the presbytery shall refuse to ^dmit the qualified minister presented by the patron, it shall be lawful to the patron to retain the whole fruits of the bene- fice in his own hands. — 1592, 11/. When small kii-ks are united, the patrons are to present ahertiis vicibus. — l6l7, 3, The power of presenting ministers taken from the patrons; and in place of it the free teinds within every parish settled upon them under the condition of selling the same to the lieritors at six years purchase.— »1 649, 30, PATRONS AND PATRONAGE. 49? Ordained, That all patrons who have or pretend to any presentation to any kirks, be careful to present such persons only as shall give sufhcient evidence of their piety, loyalty, and literature ; and shall take and subscribe the oath of al- legiance J and if any person who hath not taken the oath of allegiance, shall be presented by any patron, the presentation shall not only be mdl and void of itself, but the right of the patronage as to that vacancy shall belong to his Majesty.— 1661, 36. Patrons restored to the possession of their advocations, donations, and patronages. — 1662, 3. The right of presentation taken from patrons, and ordained, That in case of the vacancy of any particular church, the heritors of the said parish, being Protestants, and the elders, are to name and propose the person to the whole congrega- tion, to be either approven or disapproven by them ; and if they disapprove, that the disapprovers give in their reasons, to the dJect the affair may be cognised upon by the presby- tery of the bounds, at whose judgment the calling and entry of a particular minister is to be concluded. And if applica- tion be not made by the eldership and heritors of the parish for the call and choice of a minister within six months after the vacancy, then the presbytery may proceetl to provide the said parish^ iancjuam jure devoluto. The calling of ministers to royal burghs, where there is no landward parish, to be by the magistrates, town council, and kirk-session of the burgh, as was the case before 1660. But where a considerable part of the parish iis in landward, the call shall be by the mugistrates, town-council, kirk-session, and heritors of thelandward parish. In recompence of the said riglit of presentation, ordained^ That the heritors and liferenters of each parish, and the towar council for the burgh, pay to the said patrons, the sum of COO merks, proportioned according to thp valued rent ; two 498 PATRONS AN^D PATRONAGE. thirds by the heritors, and a third by the liferenters, reducing the patron's proportion as an heritor ; and that upon the patron's granting a renunciation of the said right of presenta- tion in favour of the heritors, town-council for the burgh, and kirk-session. And with respect to parishes where the King is patron, he shall be fully denuded of his right of presenta- tion, upon payment of the said 600 merks to the clerk of treasury. — That teinds not heritably disponed, shall belong to the patron, with the burden always of the minister's stipends, tacks, and prorogations already granted, and of such aug- mentations of stipends, future prorogations and erections of new kirks. — 1690, 23. The right of teinds granted to patrons extended to the teinds of all parsonages, other benefices, with the burdens specified in the above act ; and further, with the burdens of provisions to two ministers in one parish if the commission think fit. Provided, That where a minister is in possession of the teinds, his possession shall be continued, until the patron obtain ajust and reasonable stipend, to be modified and settled upon him by the commission of plantation of kirks. — 1693, 25. Act 23. Pari. 1690, repealed, so far as it relates to the pre- sentation of ministers by heritors and others therein men- tioned; and declared lawful for pati'ons who have not sub- scribed a formal renunciation of their right, to present a qua- lified minister, whom the presbytery is obliged to receive and admit in the same manner as those presented before the mak- in of this act ought to have been admitted. — Every patron at his signing a presentation, obliged to take the oath of ab- juration, otherwise the presentation to be null and void, and the right of presenting and of disposing the vacant stipend to belong, for that time, to her majesty. — The patronages which belonged to archbishops, bishops, or other dignified clergj^- ineii;^ before episcopacy was abolished, do of right belong to PERJURY. 499 her Majesty, who may present qualified ministers, and dis- pose of the vacant stipend for pious uses, in tlie same way and manner she may do in the case of other patronages be- longing to the crown. — Where the patron delays for six months after a vacancy, to present a (}ualified minister, the right of presentation shall accrue to the presbytery, who are to present a qualified person for that vacancy, tanquamjure devoluto. — 10. Ann. 1 1. If a patron shall present any person to a vacant church, who is not qualified by having taken the oaths to government, or shall present a person who is minister of any other church or parish, or a person who shall not accept, or declare his willingness to accept of the presentation and charge to which he is presented, such presentation shall not be accounted any interruption of the course of time allowed to the patron for presenting ; but the jus dcvolutum bhall take place, as if n<3 such presentation had been offered. — 5. Geo. I. 28. Nota I. If a presbytery, or other ecclesiastical judicatory, shall ordain one to a church, in opposition to the presentee, the patron, whose civil right cannot be affected by any sen- tence of a church court, may retain the stipend as vacant. — Ersk. Inst. 52. Nota II. It is held in consequence of the above statute of 10 Ann, that the six months run from the date of the vacancy, — 15 Mai/ 1797. Lord Dundas. Ersk. hist. 52. PERJURY. Punishment of perjury, confiscation of moveables, infamy, and imprisonment for year and day, and longer at the King's will.— 1551, 19. POOR. That none be permitted to beg of any age betwixt fourteen 500 POOR. and seventy, except they cannot earn a living otherwise; tliat such as are permitted to beg in the country, shall have a token given them by the sheriff, and within burgh by the bailies. When a poor man,/.r. one on the poor's roll, is the prosecutor, the judge must appoint an advocate for him ; and if he gain his cause, the defender must not cniy assythe him, but also pay the advocate. — i424<, 25, 42. That none be permitted to beg, except in the parish where they were born; that the headsmen of every parish give badges to the beggars who are supported by the parish, and that alms be given to rione but who have badges. — 1535, 22. That a register, containing the munes of all the aged, im- potent, and decayed persons in each parish where they were respectively born, or have resided for the last seven years past, be kept by the provost or bailies in burgh, and with the justice in every parish landward; ordained. That houses be provided for such poor people, and that the whole inhabitants of the parish be stentcd, according to their substance, for their week- ly sustenance; that collectors be yearly appointed for collect- ing and distributing the said taxation, by orders of the said magistrate and judge. — 1579, 74. The above act ratisfied; and in case ofnegUgefiee in sheriffs or other judges, the minister, elders, and deacons of the parish impowered to nominate one, or two, or more persons, who are appointed justices and commissaries to the effect of execut- ing the said act of parhament. — 1592, 149. In place of judges in landward parishes named by the King, execution of the above act intrusted to the kirk-se.ssion in every parish — 1597, 272. All the presbyteries within tlie realm appointed to take trial of the respective kirk-sessions anent their diligence in the ex- ecution of the said act of parliament, and to report the same to liis Majesty's ministers ; and the penalty of L. 20 to be POOR. j^^l exacted troin every Jh, with some of the ciders, ordered to tiike u)> an exact list of all the poor persons within their {larishes, with the names of the parishes where they were born, or have haunted the last three years. The truly in- digent to be supplied by the contributions at the parish kirk, or allowed badges to ask alms within the parish. The idle poor, who are able to work, are to be first offered as servants or apprentices to any within the parish who will accept of theuj, who shall have the benefit of their work until they are thirty years of age; and failing of being so provided, they shall be sent to the correction house. The heritors empowered to -cize, within their parish, vagabonds, or idle persons having .502 POOR. no visible way of living, who were neither born, nor did haunt formerly within their bounds, and send them to the correction house. — 1672, 18. The heritors, ministers, and elders of every parish, required to make a list of all the poor within the parish j to liquidate a yearly sum for their maintenance, the one half to be paid by the heritors, the other half by the other householders; to appoint two overseers yearly to collect the said maintenancej and to distribute the same to the poor according to their needs ; likewise to appoint an officer to serve under the said overseers for inbringing the maintenance, and for expelling stranger vagabonds out of the parish, whose fee is to be stented on the parish as the maintenance of the poor is stented ; such of the poor as are not provided with houses, are to be provided at the expence of the parish ; and the heritors are to put to work any of the poor who can work, either within the parish, or in any adjacent manufactory. The interest of mortified money to be applied to the maintenance of the poor within the parish, by the advice of the heritors and elders. The heritors, mini- ster, and elders of every parish, are to meet the first Tuesday of February, and first Tuesday of August, yearly, to consult and determine in the above matters for every ensuing half year; and to appoint overseers by the year, or half year, as they shall think fit. To the end that all the poor may be returned to their parishes, and the nation freed of vagabonds, all beggars required to repair to their several parishes, there to be inlisted among the poor of the parish, and lodged and entertained accordingly ; with certification to those who shaU be found begging hereafter without the bounds of their parish, that they shall be seized as vagabonds, imprisoned, and fed on bread and water for a month, and then sent home to their parishes in the manner specified in the act. Whoever shall give alms to any beggar not of the parish, and shall not seiz« 6 POPE AND POPEBY. 505 tlie same to be sent back to his own parish, shall by the overseers be fined in twenty shillings, to be applied to the use of the poor. — Act Prhnj-Cotmcily Aug. 1692. All the ministers and heritors required to give to the sher- riffs intimation of any parish or person who fails in maintain- ing the poor ; the guilty to be fined in double, and the fine to he levied by poinding : The half of the collections at the church door are to be paid to the heritors, or to any by them appointed, to be applied towards the said maintenance. — The parishes to which beggars by Act 1692, are required to repair, declared to be the parishes where they were born; and, that not being certain, the parishes where they last resided for the space of seven years together. — Act Frivy-Council^ Aug. 1693. All acts of parliament and proclamations of comicil for re- pressing beggars, and for maintaining and employing the poor, ratified and approved. — 1695, 43. 1698, 21. Nota. I. It is now understood that three years residence in a parish gives a family a title to a nuiintenance, provided during these years they have been able to earn their own sub- sistence ; and that where three years residence in a parish cannot be proven, paupers are to be maintained by the parish wherein they were born. Nuta. II. The kirk-session alone has the riglit of keep- ing and hiring out mortcloths for the benefit of the poor. — Aug, 1756. TurnbiiUy v. Law, POPF, AND POPr-RV. Ordained, Tliat tlie bishop of Rome, called the Pope, have no jurisdiction or authority within this realm, in any time coming. — 1567, 2. That none suspected of Popery, be capable to be a gover- nor, chaplain, pedagogueorschoolmaster,tutororcurator, &c. and that none presume to employ Papists, or such as arc sirs- 5t)i PROCURATOR lOU tllE CHURCH; — PROFANENESS. jpected of Popery, under the pain of a year's valued rent, 6t 100 merks in case the valuation be less, or the employer be not an heritor ; and all such commissions, tutories, or cura- tories, to be void and null. — 1700, 3. Patrons suspected of Popery obliged at or before signing any presentation, to purge themselves of Popery, by taking and signing the formula; and upon refusal, the presentation, and the right of disposing the vacant stipends, shall, for that time, belong to her Majesty.— 10. A?m. 11. Acts to oblige all persons being Papists in that part of Great Britain called Scotland, and all persons refusing or neglecting to take the oaths to the government, to register their names and real estates.— 9. Geo. I. 24. 10. Geo. 1. 3. PROCURATOR FOR THE CHLRCHi 1640, 37. PROFANENESS, Justices of the peace shall put in execution acts of parlia- irient made for punishing whoever shall be mockers or re- proachers of piety ; and to levy from every offender the penalties following : from a nobleman L. '20 ; from a baron, 20 merks ; from a gentleman, heritor, or burgess, 10 merks j from a yeoman, 40 shillings ; from a servant, 20 shillings ; irom a minister, the 5th part of a year's stipend. — 1661, 38. Acts against profuncness 1672, 22. 1690, 25. 1693, 40. 1695, J3. 1696, 3i. 1701, 11. PUBLIC WORSHIP. Wiioever makes disturbance in the kirk, and will not de- list therefrom, shall incur the pains following j for the fii'st fault, from a prelate, earl, lord, L. 10 j from a baron L. 5 j a freeholder or burgess, 40 shillings ; and poor persons, who 'Cannot pay, to be put in prison for fifteen days, to fast on 3 PUBLIC WORSHIP. 505 bread and water ; for the second fault the doubhng thereof ; and for the third, warding of their persons, or banishment for year and day. Bairns that disturb the kirk to be leish- ed — I55I, 17. A fine for absenting from the kirk in time of sermon. — 1579, 70. Disturbing the congregation in time of public worship, made a point of dittay, and punished with escheat of move- ables.— 1587,27. Every person in the realm, under certain penalties, must communicate in the church every year. — 1600, 17. Act prohibiting his Majesties subjects, of whatever degree or quality, to oifer their children to be baptised but by their parish minister, or by such ministers as are authorised by the present established government of the church, under severe penalties. — 1670, 6. Act tolerating those of the episcopal communion in Scot- land in the use of the liturgy of the church of England. — Penalty of L. 100, to be inflicted upon those who disturb an episcopal congregation, and upon magistrates who hinder their meeting for divine worship. — 10. A7m. 6. SCHOOLS AND S( llOO L M A STERP. Barons and freeholders, under the penalty of L. 20, must put their eldest sons to the grammar school, till they be com- pletely founded in Latin, and thereafter to study law for three years. — 1494, 54-. That all schools and colleges be reformed, and that none be allowed to teach publickly or privately but such as shall be examined by the visitors or superintendents of the kirk. 1567, 11. For the encouragement of learning, patrons of provostries, :m SCHOOLS AND SCHOOLMASTERS. pi-ebendaries of colleges, altarages, or chaplainaries, are em- powered to present bursars to any universities, and to apply the rents of these benefices for the maintenance of their bursars. —1567, 12. J592, 161. 1661, 54. Singing schools appointed for instructing the youth in the art of music— 1579, 98. The act of council 1616 ratified; and the bishops in their several visitations appointed to have power, with the consent of the heritors, and most part of the parishioners, to impose a sum upon every plough or husband-land, for maintaining and establishing the said schools ; and if the heritors, being warned, refuse to appear, the bishop shall impose this duty, with the consent of most part of the parishioners; and if any person shall find himself aggrieved, it shall be lawful for him to have recourse to the lords of secret council for redress. — 1633, 5. That no professor, principal, regent, master, or others bear- ing office in any university, college, or school within this king- dom, be admitted, or allowed to continue in the exercise of their fimctions unless they shall subscribe the confession of iaith, swear and subscribe the oath of allegiance, be of pious, l^gal, and peaceable conversation, and of good and sufficient literature. — 1690, 17. That all schoolmasters and teachers ofy DUth in schools shall be liable to the trial, judgment, and censure of the presby- teries of the bounds for their sufficiency, (|uaiifications, and deportment in said office 169S, 22. Appointed, That there be a school settled, and a school- master established in every parish by the advice of the mini- ster and heritors of the parish; and that the heritors in every parish meet and ])rovide a commodious house for a school, and settle and modify a salary lor a schoolmaster, not under 100 nor above 200 merks, to be paid yearly at the two terms of SCHOOLS AND SCHOOL>rASTERS. 507 Whitsunday and Martinmas ; and that the said salary be laid oil conformably to every heritor's valued rent within the pa- rish, allowing each heritor relief fi'om his tenants of the half of his proportion j which salai*y is declared to be by and atour the casualties which formerly belonged to the readers and clerks of the kirk-session. And if the heritors, or major part of them shall not convene, or being convened, shall not agree among themselves, then the presbytery shall apply to the com- missioners of supply, who, or any five of them, shall have power to establish a school, and settle a salary for the school- master, not under 100 merks, nor above 200, yearly. All suspensions of their salaries discharged to pass against school- masters, except upon consignation, or a valid discharge ; and if the same be past, that the lords discuss it summarily without abiding the course of the roll. — 1696, 26. Tliat of the neat monies which shall arise by the sale of the Scotch estates forfeited on account of the rebellion 1715, a sum not exceeding L.20,000 sterling, shall be applied for making a capital stock ; the yearly interest of which shall be laid out in erecting and maintaining schools in the Highlands of Scotland. — 1-. Geo. I. 6. The barons of exchequer in Scotland, authorised to payout of the unappropriated money arising from the forfeited es- tates in Scotland, the sum of L.2.')00, to the society for pro- pagating Christian knowledge. The barons to take an obli- gation from the society that they shall pay the salaries to the teachers, and to keep up the schools, in terms of the memo- rial mentioned in the act. — 26. Geo. III. 27. Nota. Schoolmasters, for their sufficiency, qualifications, and deportment, are subject to the trial, judgment, and cen- sure of the presb^'tery of the bounds, from which an appeal lies to the superior ecclesiastical judicatories. M^Culhch :;• Heritors of Bo//rjcell. 60$ SIMONY. STIPEND. SIMONY. Declared to be simony, for any person presented to a vacant benefice, to come under any engagement to the patron, to pre- judice and hurt the estate of his benefice, in not reserving a sufficient maintenance for him and his successors, answerable to the estate of his benefice. But if the party reserve to him- self and successors a sufficient maintenance, the setting of tacks, or promise to do the same, or of doing any thing else to his patron, shall not be considered as simony. — 1612, 1. STli'END. Ministers having long been defrauded of their stipends, and having fallen into great poverty, ordained, That the whole thirds of the whole benefices of this realm shall in all time coming first be paid to the ministers of the gospel and their successors, and they being answered of their stipends, that the surplus be applied to the King's use. — 1567, 10. That it shall not be lawful for any minister to feu his manse or glebe, or set the same in tack, in prejudice of his succes- sor.— All benefices not exceeding 3 0 merks, of yearly rent or within, be given to qualified ministers. — 1572, ^S. Churchmen under bishops prohibitedto dilapidate their benefices, or set in tack with diminution of the rental, under the pains of nullity, and of deprivation. — 1581, 11^0. All ecclesiastical persons presented by the King to any living, must find caution to leave their benefices, at their de- cease or demission, without diminution of the yearly rent j and if by feus, tacks, pensions, or changing of victual for money, the rent of the benefice shall be impaired, all such deeds declared to be null and void. — 1585, ]]. All gifts and dispositions of benefices of cure, under pre- SIll'ENI*. 500 lacies, given to tliose who are not in the function of the mini- stry, declared to be null and void. — 1592, 123. Appointed, Thatall ministers' stipends for the time to come, shall be free from all tacks, pensions, taxations, or impositions whatsoever, notwithstanding any gift or disposition made tp the contrary. — 1.593, 165. Act 11. Purl. 1585 ratified; with this addition. That it shall not be lawful for bishops to dispone, or givo in pension, any part of the patrimony of their bishopricks for longer space than their own right to the bishopricks continues. Bishops appointed to give in rentals of their benefices to the clerk re- gistei*, which in time coming are not to be impaired — 1606, 3. The greatest stipend appointed to be 1000 merks, or 10 chaldcrs of victual, with manse and glebe; and the least to be 500 merks, or 5 chalders of victual, with manse and glebe j except where the whole fruits of the kirks will not extend to that quantity.— 1617, 3. The minister's stipend to be allocated out of the teinds of the parish; with power to the commissioners to prorogate tacks, or other temporary rights of teinds, in proportion to the burden imposed. — 1621, 5. The lowest stipend declared to be 800 merks, or 8 chalders of victual; except where there is a just and reasonable cause for a lesser stipend ; which is referred to the discretion of the commissioners. — 1633, 8, 19. Power given to the commission to settle upon bishops kirks the full quantity of 8 chalders victual, or 800 merks, out of the tithes of their own parish; and where the same cannot be had, then out of the tithes of the other kirks of that bishoprick, and further to allocate the feu-duties of parson's and vicar's glebes to the minister. — letl, 30. Because it is troublesome and expensive in poinding for ministers' stipends, to carry goods at a distance to the jnarket- 510 STIPEND. cross; therefore declared sufficient for ministers, in poinding for their stipend?, to comprise goods on the ground of the lands.— 1663, 21. That the maintenance of the clergy may be duly secured to them, ordained, That no suspension shall be past in time com- ing against any archbishop, bishop, minister of the gospel, or universities and colleges, of any charges to be given at their instances for payment of the rents of their benefices, stipends, or college rents, where they have special decreets against heritors or possessors due and liable in payment thereof to them, except upon production of discharges or consignation of the sums charged for, if the rent of the benefice or stipend consist in money, or of 100 merks for every chalder of victual, where the same consists in victual. And in case it shall be found at the discussing of the suspension, that the charge hath either been maliciously given, or maliciously suspended, the lords of session shall modify a fifth part of the sum charged for, as expences of plea against the maHcious charger or sus- pender. Ministers' stipends not sued within five years after the same are due, shall prescribe, except proved to be rest- ing owing by the oath of party, or by writ. — 1669, 9. Because the practice of obliging the present incumbent to take a decreet conform, upon a decreet of locality in favour of his predecessor, is unnecessary and inconvenient, therefore the lords declare that, upon a bill given in by the incumbent to the clerk of the bills, along with the decreet of the locality, and production of his presentation, collation, and institution, letters of horning may be directed aganist those who are liable for his stipend. — Act Sed. June 1687. Act 9. Par). 1669, ratified; and further enacted, That there be no advocation or sist of procedure granted of actions for fetipendb or rents of benefices when pursued before inferior Judges, and that in the case of a decreet there be neither a SUNDAY. 511 suspension nor sist of txecution granted, except on production of clear discharges or consignation of the sum charged for j and if any suspension be passed, that the same be summarily dis- cussed without abiding the course of the roll ; and if letters be found orderly proceeded in, the suspender be also decerned at least in a fifth part more than the sums charged for. And if any minister shall happen to pursue for his stipend by way of ordinary action before the lords, ordained. That the same be summarily proceeded in and discussed, without abidiug the course of the roll. — 1695, 27. Nota I. The legal terms at which stipends become due, are Whitsunday and Michaelmas. If the incumbent be admitted to his church before Whitsunday, he has a right to that whole year's stipend j and if he be received after Whitsunday, but before Michaelmas, he is entitled only to the half of that year. If he die, or be transported before Whitsunday, he has a right only to the half; but if he die, or be transported after Michael- mas, he has a right to the whole year's stipend. Ersk. hist. 59, Nota II. A minister is not obliged to receive payment of his victual stipend at the fiars ; but if the bolls in ipsis cor- paribus are not paid when due, an heritor will be found liable to make payment of them at the fiars. Forbes on C/i. lands, 427. Nota III If no measure of bolls be specified in a minister's decreet of modification or locality, in that case they are pay- able according to the Linlithgow measure. SI NDAV. Summons should not bo executed on a Sunday. R. M, I. 1. c. 6. § 14, That no markets nor fair^ be held On a Sunday. — Working, gaming, and playing, or going to taverns and alehouses, and 512 su^DAY sellin<^ meat and drink upon Sunday discharged under a fine —1579, 70. Markets discharged to be kept inlandward towns orparishes on Sundayi with liberty to choose any other day of the week, not being the market day of the next burgh. — 1592, 124-. The acts discharging fairs and markets to beheld on Sun- day ratified; and the King's ordinary judges appointed to put the same in execution. Power also given to every particular presbytery to appoint persons within the bounds to the same effect.— 1593, 195. "Whosoever sells or px'esents to sale upon Sunday, and shall three several times be convicted thereof, shall forfeit his move- ables, and his person punished at the will of his Majesty with the advice of the secret council. — l59d', 201. Letters of caption for a civil debt discharged to be executed on Sunday, or uponduysappointed for solemn fasts and thanks- givings, during the time of divine service. Warnings, inhi- bitions, requisitions, and other letters, discharged to be read at the kirk door before the first sermon ; and ordained to be read immediately after the minister has concluded, and pro- nounced the blesshig. — 164'4', 14. Salmon-fishing, going of salt-pans, mills and kilns, hiring of shearers, nnd using of merchandize on Sunday, forbidden, under certain pecuniary mulcts.— ^1G49, 23. Former acts of parliament for the due observation of the Sabbath day ratified and approved; and all salmon-fishing, going of salt-pans, mills or kilns, all hiring of shearers, carry- ing of loads, keeping of markets, or using any sort of merchan- dize on that day; and all other profanation thereof whatsoever, inhibited and discharged under the following penalties, viz. the sum of L 20, for the going of every salt-pan, mill or kiln, on the said day, to be paid by the heritors and possessors there- of; and the sum of L. 10, for every shearer and fisher of sal- SWEARING. — TESTAMENT. — TACANT STIPEND- fllS mon, on said day ; the one half thereof to be paid by the hirer and conducers, and the other half by the persons hired, and the said sum of L. 10, for every other profanation of the said day. The said fines and penalties to be uplifted and disposed of in manner contained in the act, and in- structions anent justices of the peace. — 1661, 18. All fishing of salmon from Saturday at twelve of night to Sunday at twelve of night strictly prohibited and discharg- ed.— Ann. 1705, SWEARING. Fines imposed for swearing. — 1551,16. 1581,103. 1661. 19,38. 1672,2'^. 1690,25. 1693,40. 1696,31. TESTAMENT. A testament should be made before two or more lawful witnesses.— i?. M. I. 2. c. 38. A minister is entitled to officiate as a notary in making a testament.— 1584, 133. VACANT STIPEND. Declared, That his Majesty, for the support of his guard, shall have the first fruits of all prelacies and other inferior benefices (laic patronages excepted) now vacant ; and that during the whole space of the vacancy of said benefices, his Majesty's treasurer shall intromit and take up the whole rents, fruits, profits, and duties thereof. — 1584, 137. Pati'ons ordained to employ the vacant stipend, with ad- vice and consent of the presbyteiy, upon pious uses within the parish, or othenvise within the bounds of the presbytery. 1644, 20. Vacant stipends appointed to be employed for the main- tenance, and towards the reparation of the sufferings of per- 51 4 VAGRANTS. sons, who, in the confusion of tlie times, had been suspended or deposed from their charge and ministry. This act to continue seven years and Jonger, if his Majesty think fit. — 1661, .'52, The manse, in time of vacancy, to be maintained and re- paired out of the readiest of the vacant stipend. — 1663, 21. Declared, That the vacant stipend of all churches in time Coming, shall be employed by the patron on pious uses with- in the parish ; particularly, for the building and repairing of bridges, repairing churches, or the entertainment of the poor, as the patron shall determine ; and if he fail therein, that he shall lose his right of patronage for the next vice. This act not to extend to churches where the King is pa- tron.— ICSJ, 18. In case the patron fail to apply the vacant stipend on pious uses within the parish, he shall lose his right of administra- tion for that and next vacancy, and the same shall be dis- posed of by the presbytery to the uses foresaid ; and where the patron is Popish he must apply the vacant stipend on pious uses, by the advice and appointment of the presbytery. 1690, 23. Vacant stipend within the synods of ArgyTe, to be applied for training up the youths at schools and colleges, as a ne- cessary mean for planting and propagating the gospel in these places; and introducing order into the country. — 1690, 24. The providing of a school and schoolmaster declared to be a pious use within the parish, upon which the patron may employ the vacant stipend, as he shall see cause. — 1696, 26. VAGRANTS. That all vagabonds and strong and idle beggars, betwixt the age of H and 70, be apprehended, and, by the proper magistrates, committed to prison. And 'tis declared, that VAGRANTS. 515 under vagabonds and strong and idle beggars are compre- hended, all vagrants using subtle, crafty, and unlawful plays, As jugglery, &c. Egyptians, feigners of knowledge in charms, prophecy, &c. all unable to work, alleging to have been ber- ried or burnt out of their houses, banished for slaughter, minstrels, songsters, tale-bearers, &c. counterfeiters of licenses to beg, mariners alleging shipwreck, without testimonials ; and, in general, all idle persons able to work, who can give no account how tliey get a lawful living. That there be cer- tain persons appointed for searching and carrying vagabonds to prison, at the expence of the parish. — 1597, 74. The acts of parliament formerly made against strong and idle beggars, vagabonds, and Egyptians ratified ; and in place of commissions of landward granted for the execution thereof, power given to the particular session of the kirk for that purpose, 1597, 272, That the kirk-session, where need is, be assisted by one or two of the presbyteries } and that they shall put the above acts in full and due execution, under the penalty of L.20, to be exacted of them so often as they shall be found remiss or negligent. Recommended to the whole presbyteries of the kingdom to inquire into the con- duct of the kirk-sessions, and report the same to his Majesty's mirmtfrs, — 1000, 19. END OF TItF. A^PEJfPIX. Date Due ■•c '^'. ^ 'r* FAHiiL i \ ^ BW5356.A1 1811 C.2 An abridgment of the acts of the General Princeton Theological Seminary-Speer Library 1 1012 00035 4094