^ir "^ PRINCETON, N. J. >.^c., . , _JL^ ^ _i ^- - y^ Sy^^-^ BX 9075 .A45 1853 Church of Scotland. A copious and comprehensive summary of the laws and A SUMMARY OP THE LAWS AND REGULATIONS OF THE CHURCH OF SCOTLAND. COPIOUS AND COMPREHENSIVE SUMMARY OP THE LAWS AND REGULATIONS OF THE Ctjurrli nf Irntlnni, From A.D. 1560 to A.D. 1850; COMPRISING ACTS OF PARLIAMENT, BOOKS OF DISCIPLINE, FORMS OF PROCESS, DIRECTORY FOR PUBLIC WORSHIP, EXTRACTS FROM VARIOUS AUTHORITIES, . LORD ABERDEEN'S BILL, &c. &c. ABERDEEN : GEORGE AND ROBERT KING ; AND ALEX. MURDOCH. 1853. PREFACE. The Compiler of this work has been led to undertake its publication, from a conviction that it will be found to contain much infor- mation, with reference to the constitution of the Church of Scotland, which many, in this country, are desirous to obtain, and which all ought to possess. Amidst the discussions regarding church polity, which have so long prevailed among us, it is dif- ficult to say whether there has been dis- played greater ignorance of the real prin- ciples in dispute, or of the constitution re- garding which these disputes have been maintained : and more lately, the provisions of recent acts, affecting the settlement of ministers, and the erection of new parishes, have been unknown to the great body of the people, except as seen through their effects. That every person, adhering to the IV doctrines and discipline of the Church of Scotland, should have easy access to the standards on which the polity of that church is founded ; and that all who feel interested in questions agitated in, or with respect to that church, should have a ready means of making themselves acquainted with the historical and constitutional grounds on which every matter at issue may be de- cided — are objects which ever}^ one will al- low to be extremely desirable. The infor- mation requisite to these results has hitherto remained scattered through many volumes of great bulk and cost, which were all but inaccessible to the general reader. To bring together, in a cheap form, the most import- ant documents bearing on the constitution of the Church, has, therefore, been the object of the Compiler. He trusts that his book will thus prove valuable as a work of reference, not merely to the minister, office- bearer, and student, but that every indi- vidual member of the church will find in it a source of information regarding the con- stitution, principles, and prospects of the establishment to which he belongs. To render the volume still more widely useful than it might otherwise have been, the Latin sentences have been translated into English, not, however, in the text, which might annoy the classical scholar, but in an Appendix, to which the reader may refer at pleasure. The work commences with the period of the drawing up of the First Book of Disci- pline, by Knox and his associates, and in- cludes — 1. A Chronological View of the Acts of Parliament, by which the Presbyterian Church was established, and is maintained. 2. The Books of Discipline of the Church. 3. The Forms of Process in the several Judicatories of the Church. 4. Pardovan's Collections, in Four Books . 5. Extracts from Principal Hill's Theological Institutes. 6. Lord Aberdeen's Bill, respecting the admission of Minis- ters to Benefices. 7. Summary of Sir James Graham's Bill. Thus presenting to the reader a summary of most that is important in the history of VI the Government of the Church of Scotland, from its establishment, a.d. 1560, down to the present time, a period extending over nearly three centuries. Aberdben, April, 1853. CONTENTS. I. Chronological View of the Acts of Parliament by which the Church of Scotland was established and is maintained. PAGE 1. Popery abolished 24th August - - 1560. 29 2. acts in favour of, abrogated - - 30 3. Reformed Confession of Faith ratified - - 1567. 31 4. Declaration by Queen Mary 19th April - - 32 5. Reformed Church declared established, 15th Dec. 34 6. Coronation Oath enacted _ . . 35 7. Ratification, act of .... 1571. 36 8. Do. do. .... 1578. 36 9. Acts anent the Kirk and Jurisdiction thereof, 20th October ------ 1579. 37 10. Establishment of Presbyterian Church in Scotland, 5th June 1592. 38 II. Ratification of Acts of Assembly ... 1640. 41 12. Act abolishing Prelacy - - - 1689. 48 13. Declaration of the Estates of the Kingdom of Scot- land, containing Claim of Right, &c. April 11 1689. 48 14. Act ratifying Confession of Faith, and settling Pres- byterian Church Government, 7th June - 1690. 50 15. Acts of Ratification — an Union with England, 16th January ..... 1707. 52 II. Books of Discipline. First Booh of Discipline. Ch. 1. Of Doctrine ..... 58 2. Of the Sacraments ----- 59 3. Touching the abolishing of idolatry - - 60 4. Concerning Ministers, and their lawful election 61 5. Concerning the provision for the Ministers, and for the distribution of the rents and possessions justly ap- pertaining to the Church - - - 67 6. Of the Superintendents - - - 73 7. Of Schools and Universities - - - 77 8. Of the Rents and Patrimony of the Church - 85 9. Of Ecclesiastical Discipline - - - 89 10. Touching the Election and Office of Elders and Deacons, and the Censure of Ministers, Elders, and Deacons 94 11. Concerning the Policy of the Kirk - - 98 12. For Prophecying, or Interpreting of the Scriptures 101 13. Of Marriage ----- 103 14. Of Burial - - ' - - - 107 15. For Reparation of the Kirks - - - 108 16. For Punishment of those that Profane the Sacraments, and contemn the word of God, and dare presume to minister them, not being thereto lawfully called. 109 Vlll CONTENTS OF PAGE Second Booh of Discipline. Ch. 1. Of the Kirk and Policy thereof in general, and wherein it is different from the Civil Policy - 127 2. Parts of the Policy of the Kirk, and Persons or OflBce- bearers to whom the Administration is committed 129 3. How Persons bearing Ecclesiastical Functions are ad- mitted to their Office - - - 131 4. Of Office-bearers in particular, and first of the Pastors or Ministers - . . _ 132 5. Of Doctors and their Office, and of the Schools 134 6. Of Elders and their Office - - - - 135 7. Of the Elderships, of Assemblies, and Discipline 136 8. Of the Deacons and their Office, the last ordinary Func- tion in the Kirk - - - - 139 9. Of the Patrimony of the Kirk, and Distribution thereof 140 10. Of the Office of a Christian Magistrate in the Kirk 141 11. Of the present Abuses remaining in the Kirk, which we desire to be reformed ... 143 12. Certain Special Heads of Reformation - 146 13. The utility that shall flow from this reformation to all Estates - - . . . 150 III. Form of Process. Ch. 1. Concerning Church Government, Discipline, Scandals, and Censures in general - - - 154 2. Concerning the entering Processes, Citation of Parties and Witnesses, and taking Depositions, and anent Fugitives from Discipline - - _ I55 3. Concerning Swearers, Cursers, Profaners of the Lord's Day, Drunkards, and other Scandals of that nature 159 4. Concerning the Sin of Fornication, Adultery, and Scandalous Carriage tending thereto - 160 5. Concerning Appeals from a Kirk Session to a Presby- tery, &c. 164 6. Concerning Processes which natively begin at the Kirk Session, but are not to be brought to a final deter- mination by them - - - - 165 7. Concerning Processes against Ministers - - 167 8. Conccraing Processes in order to the Censure of the greater Excommunication - - 170 9. Concerning the order of Proceeding to Absolution 174 IV. Pardovan's Collections. Booh First. Title I. Of the Election and Ordination of Pastors. 1. The intrinsical Power of the Church, the Divine Warrant and Power of her Judicatories, Pastors, and Elders, as- serted .-..-- 180 2. The various Names given to Pastors, and why ; Titles of Dignity in the Church savour of Popery - - 181 BOOK FIRST. IX PAGE 3. Intimation for the Electors to meet is made by the Presby- tery, but ordinarily upon their application ; a few ap- plying stops the Jus Devolutum - - 181 4. Who are Habile Electors, who not ; and what makes a call legal .181 5. When a Presbytery may plant a Vacancy, tanquam jure devoluto _ - - - _ 182 6. The meeting of Electors; the Election Itself; the Call signed ; the power of the absent Electors accresceth to those present ----- 182 7. Form of a Call 183 ' 8. The Attestation of a Call ; and what is to be done if the Electors divide in voting - - - - 183 9. Patronages described, and how acquired at first - 183 10. Patronages, how considered under Prelacy - - 183 11. The opinion of this Church of it - - 184 12. Call presented and approved - - . 184 13. Calls prosecuted to Expectants or Ministers - 184 14. Calling and Entry of a Minister is to be directed by the Presbytery . _ - . . 184 15. Ordination described ; no ministerium vagum - 184 16. Men's Gifts should be suited to their posts - - 185 17. Trials of an Intrant to the Ministry, and serving of his Edict 185 18. Form of an Edict ..... 135 19. The Edict returned and Executed - . 185 20. Ordination-day set and intimated, and what day most con- venient for the Fast - - . . I86 21. Popular Ordination condemned from Acts vi, 3 - 186 22. The Ordination Sermon, and Preface to the Action - 186 23. The questions to be answered by the Intrant before imposi- tion of hands, or his ordination engagements 186 24. The place where, and the manner how, ordained - 187 25. Directory for ordination prayer ... 187 26. The right hand of fellowship ; he is saluted as Minister ; conclusion of the work - - _ I88 27. Form of an Act of Ordination and Admission - 188 28. Ordination sub cruce, and quorum for Ordination 189 29. The manner of Election and Ordination at our Reformation 189 30. Re-ordination of Popish Clergy, and Episcopal Incumbents 189 31. The age and literature of those to be Ordained - 190 32. None having the Irish Language to be fixed in the Low- lands ; or those born on the north side of Tay, to be settled in the South - - - - 190 33. How calls are prosecuted from the north, and how they dif- fer from the ordinary method . - _ 190 34. The Army, by whom to be inspected, and how to be fixed with Ministers - . - - - 191 35. Differences about Intrants, how composed - - 191 Title II. Of Transportation and Admission of Ministers. 1. Transportation described - - - - 191 2. Calls must be managed and directed by the Presbytery 191 X CONTENTS OF PAGE 3. How a Presbytery proceeds in presenting a Call - 192 4. The ordinary method for citing in Transportations 192 5. Form of a Summons of Transportation - - 192 6. How, in extraordinary cases, a Parish is to be cited ; Call and Reasons must be imparted to the Parish ; Extra- ordinary Citations rarely needed in a well-planted Church ; what done in the case of Noncompearance 193 7. Vacancies must first essay to call probationers - 193 8. How Debates in Transportations should be managed 193 9. Rash Appealers in Transportations, when to be censured 193 10. Every Benefice should be recorded - - 194 11. How the suitableness of Men's gifts is to be tried, and what is meant by eminent Congregations - - 194 12. Prayer is to be made before entering upon the process of Transportation - - - . 194 13. Form of an Act of Transportation - - . 194 14. How to proceed when two Parishes lie in different Judica- tories ----._ 195 15. Ministers without Flocks, how admitted - - 195 16. The manner of admitting Ministers - - 195 17. The Form of an Act of Admission - . _ 195 18. The effect and use of Ordination and Admission Acts :|.96 19. Impediments to Admission not always grounds for Deposi- tion 196 Title III. Of Acts of Transportability, of Demissions, and Missions, and Colleague Ministers. 1. The ground for, and method of prosecuting this Act 197 2. The nature and import of this Act - - - 197 3. The causes and style of demission - - - I97 4. The effect of a demission upon intimation - - 198 5. In what case the National Assembly sends Ministers in mission - - . . . igg 6. In what cases they send to other Churches - - 198 7. Churches should send to the Heathen - - 198 8. When a Colleague is needful ; aged and sick Ministers should have both maintenance and a Colleague - - 199 9. Colleagues must share both oflfice and benefice - 199 10. To which the Parish may oblige them, how and when 199 11. Public ministerial work is to be performed by mutual con- sent, and private diligence not to be hindered - 200 12. How they are to apply their gifts - - 200 Title IV. Of Expectants, as also Students and Bursars. 1. Who they are that the Presbytery should encourage to enter upon trials - - - . . 200 2. Wherein the Presbytery is to be satisfied before they invite Students to enter upon trials - - - 200 3. Trials of Expectants - - - _ . 2OI 4. Some trials are previous to these - - 2(H 5. Expectants' and Students' names to bo recorded in the As- sembly books - . _ . . 202 BOOK FIRST. XI PAGE 6. Form of an Act licensing one to Preacli the Gospel, and his Testimonial and Recommendation - - 202 7. A Probationer's engagements when licensed - - 203 8. What Presbyteries or Parishes a Probationer may preach in, and when to renew his engagements - - 203 9. How sentences against them should be intimated - 203 10. They have no Pastoral Office ... 204 11. Before licensing, other Presbyteries acquainted - 204 12. Each Presbytery must maintain a Bursar - 204 13. The quantity, fimd, collection, and continuance of a Bursar's maintenance ..... 204 14. Qualifications of Bursars, and how they are to be tried 204 15. Poor Students, though not Bursars, are to be inspected by Presbyteries ..... 205 16. Bursars having the Irish language encouraged - 205 17. None must leap over the Greek Class, but finish the four years' course before Degrees ... 205 18. Nor doth any advance to a higher class, till his profiting in the lower does appear ... - 205 19. Such as remove to other Colleges must carry Testimonials with them — "Who are to be employed by Professors in theological exercises .... 206 20. Universities must instruct on the Sabbath-day - 206 Title V. Of Schoolmasters and Instructors of Youth. 1. Qualifications of such as bear office in Schools by Acts of Parliament and Assembly ... 206 2. The AVork of a Landward Schoolmaster - - 207 Title VI. Of Doctors and Professors of Theology. 1. The sentiments of this Church about the Doctor's Office : He is no Pastor as such ... 207 2. Catechists or Doctors should teach in Colleges and in large Parishes ...... 208 3. Synods are to report to the Assembly the Names of Scholars fit to be Professors : No Pastor can be compelled to give himself to Teaching and leave his Pastoral Charge 208 4. The Doctor as such no Ruling Elder ; nor as mere Doctor, can be Member of Assemblies ... 209 5. Professors Dictates may be reviewed by General Assemblies 2C9 Title VII. Of Ruling Elders. 1. Why called Ruling Elder .... 209 2. Election of Elders .... - 209 3. Their Trial ...... 209 4. Serving of their Edict - . - . 209 5. Ordination of Elders - - " - - - 210 6. Their Admission . . - _ . 210 7. Duties of Elders more private . . . 210 8. Elders have particular bounds of the Parish (called Quar- ters in Scotland) assigned them to visit monthly and report ...... 210 Xn CONTENTS OF PAGE 9. Their more public duties yet restricted - - 210 10. Number of Elders, and their continuance - 211 Title VIII. Of Deacons. 1. How the word Deacon is taken : the Office described : the Session censurable that wants them - - 211 2. Their Election, &g. the same with Elders - - 212 3. Duties of Deacons - . . . . 212 Title IX. Of Moderators of Church Judicatories. 1. It is convenient the Moderator be a Minister : His Work and Power ----- 212 2. No Assessors to our Moderators _ - - 213 3. No constant Moderator, but in Kirk-sessions : the manner of their Election - - - - 213 4. The privilege of Members - - - - 214 • Title X. Of Clerks, Readers, and Precentors. 1. A Clerk, his election, admission, and continuance - 214 2. How far Extracts are probative . . - 214 3. A Clerk is not to be declined - _ - 214 4. The first rise of Readers : they are now ceased - 215 5. Precentors, their office - - - - 215 6. Beddals, their office and qualifications - - 215 Title. XL Of Kirk Sessions. 1. No Minister must usurp over the Session - 215 2. Constituents of a Session, and time of their meeting - 215 3. Matters treated by them - - - - 216 4. According to what rule - _ . - 216 5. Secret Confessions not to be propalled, except in what cases - -. - 6. Privy Censure in Sessions, and how to be Managed - 217 7. Session-books to be tried by the Presbytery yearly 217 8. Each Session is to have the Acts of Assembly read, and to observe them ----- 217 9. The Kirk-session is sufficient alone for reformation of manners in a parish, having the Magistrate's concur- rence .----- 216 217 Title XII. Of Presbyteries. 1. The Constituents of a Presbytery, their quorum, and time of meeting ----- 218 2. Presbyterial Exercises and common head - - 219 3. Absents to be censured - - - - 219 4. Matters treated of in Presbyteries - - - 219 5. Processes that begin, but cannot be determined by the Session, but referred to the Presbytery as the judges competent ----- 220 6. When the Session may cite a person to the Presbytery 220 BOOK FIRST. Xlll PAGE 7. Sessions cannot absolve from such scandals without the Presbytery ----- 220 8. Correspondence of Presbyteries - - - 220 9. Privy Censures in Presbyteries, their season upon days of Prayer ------ 220 Title XIII. Of Parochial Visitations by the Presbytery. 1. Visitations occasional or ordinary - - 221 2. How the day for the visitation is to be intimated - 221 3. The Minister's Library, and Session Register to be seen and revised ----- 221 4. Preliminaries to the Visitation, and how the Elders are to be interrogate - - - - - _ 221 5. Ministers' Families to be interrogate concerning their lives 222 6. Kirk-sessions interrogate concerning their Pastor - 222 7. Pastor and Heads of Families interrogate concerning the Kirk-session ----- 224 8. The Precentor, Beadle, &c. - - - - 224 9. Pastor and Elders interrogate concerning the Congrega- tion 224 10. Pastor, Kirk-session, and Heads of Families interrogate about things of common concern - - - 226 Title XIV. Of Provincial Synods. 1. The Constituents of a Synod, their time of meeting, &c. 226 2. Synod opened. Rolls made up, Moderator chosen, and Cor- respondence enrolled - - - - 227 3. Committees of Synods, their Work, Use, and Power - 227 4. Matters treated by Synods - - - 228 5. Presbyteries are to carry home and read Synod Acts - 228 6. Privy Censures by Synods - - - 228 7. Centesima to Ministers' Widows and Children - 228 Title XV. Of Extraordinary Synods and General Assemblies. 1. Extraordinary Synods only to be held in a disturbed state of the Church 229 2. Members of a National Assembly by the Directory should be as many Ministers at least as Ruling Elders - 229 3. The nature of our first General Assembly after the Re- formation ----- 229 4. What may annul a General Assembly - - 230 5. Assemblies may meet yearly and oftener, pro re nata 230 6. The representation in General Assemblies, and the number of Members ----- 230 7. There should be no delegations but from Presbyteries only ------ 231 8. All Commissioners must reside, or have relation to the bounds they represent - - - - 231 9. The Scots Kirk at Campvere represented ; their instruc- tions, &c. ------ 231 XIV CONTENTS OF PAGE 10. Commissioners to and from Assemblies : their expenses 232 11. The style of Commissions to General Assemblies - 232 12. The reason for this uniformity - - _ 233 13. When Commissions are to be given in - - 233 14. Commissioners are to be elected forty days before they meet, and why -...-- 233 15. The Sovereign, or his Commissioner, honours the Assembly by his presence, which, though acceptable, yet is not essential to an Assembly - . . 234 16. The first Commission was the King's missive - 234 17. The form now is more solemn ... 234 18. Presbytery of Darien represented - - _ 234 19. The opening of the Assembly ... - 235 20. The order observed among the Members, and in the As- sembly House ----- 235 21. Committees of Assemblies, their number, and way of being chosen ------ 236 22. Committee of overtures and others, their power how re- stricted ------ 236 23. No ecclesiastical process to be printed without allowance 236 24. A diet for prayer ----- 237 25. Matters treated in Assemblies - - - 237 26. Commissions of General Assemblies their power - 238 27. The method of choosing Members of the Commission, their charges to be paid, and churches supplied - 238 28. Absents from the Commission, how censured - 239 29. Delegates from Presbyteries to attend Parliaments ; no lawful church court without elders - - 239 30. Members of Assembly should have tickets for access 240 31. Absents from Assemblies, how censured - 240 32. The style of Acts of Assembly, and Petitions thereto ; they must not run in the Magistrate's name - - 240 33. The authorities of Assemblies, and their acts : the pain of disobeying and declining the same - - 241 34. Advocate or Procurator, Solicitor or Agent for the Kirk 241 35. The adjourning and dissolving of Assemblies and other Church judicatories - - - , 242 36. Committee for revising the minutes, and printing acts 243 .37. The ordinary way of dissolving Assemblies - 243 38. How two Assemblies were dissolved in an extraordinary manner, and their behaviour in these cases; the Church's intrinsic power asserted - - - - 243 39. The Church's judgment about their right to meet synodi- cally ------ 245 Title XVI. The Order of the Rolls of Church Judicatories, and Ranking of Church Office-bearers, and of her Registers. 1. Rolls of Kirk-sessions, and ranking of the Elders - 245 2. How Ministers take place of one another - 245 3. Rolls of Synods, how ordered ; no act to hinder Elders to vote when they may be supernumerary to Ministers 246 4. Rolls of General Assemblies - - . - 246 BOOK SECOND. XV PAGE 5. Minutes revised and signed before extract or recording 246 6. Clerk and Moderator a check to one another ; the attesta- tion and title of the registers - - . 246 7. Form of approving Church-registers runs in a negative style 247 8. Order in filling up blanks, deletings, interlinings, and omis- sions in registers - - - _ _ 247 9. The registers, how to be preserved - - 248 10. Civilities paid by the Church - - - . 248 Title XVII. Of Visitation of Schools and Universities. 1. Visitation of Schools and Colleges were appointed by au- thority of the General Assembly - - 248 2. Power of Visitation claimed by the Sovereign; Visitors' power and work distinguished - _ _ 249 3. Who are ordinarily the greatest enemies to the Church visitations - - . . _ 249 4. Presbyteries may yet visit Grammar-schools twice a-year 249 5. Who examines Schoolmasters at their admission - 250 6. Corresponding of Universities - . - 250 Title XVIII. Of a General Council of Protestants. 1. Corresponding with Foreign Churches, such as Magdeburgh, 1577, and Westminster, 1643, the expenses and safe con- duct of correspondents - . . _ 250 2. General Council, its authority - . - 251 3. The manner of convocating and proportioning the repre- sentation ----.. 251 4. Matters of faith almost agreed to already - 251 5. Time of Meeting, and President of this Council - 251 6. The benefit of this subordination - - - 252 Book Second. Title I. Of Lecturing, Preaching, Catechising, Public Prayers before and after Sermon, Singing of Psalms, and Ministerial Benediction. 1. Nothing to be admitted in the Worship of God but what is prescribed in Scripture . _ _ > 252 2. How the Congregation doth assemble - - 252 3. Their behaviour in the time of Worship - - 2.53 4. Why the Word is to be publicly read, and by whom 253 5. How much is to be read at a time, and the order of reading and expounding ----- 253 6. When Lecturing begins, and how long to continue, accord- ing to the old and later acts . - . 253 7. Preaching, its excellency and subject-matter - 254 8. Introduction, sum, and division of the text - - 254 9. How doctrines are to be raised, explained, illustrated, and confirmed - - - " - - - 254 10. What kind of doubts and controversies are to be raised and solved - 255 11. Doctrines are to be applied in uses of instruction, confuta- tion, exhortation, reproof, consolation, and trial, and how 255 h XVI CONTENTS OF PAGE 12. The design of this method . - - - 256 13. Catechetical doctrine to be preached, and the nature of catechising _.-.-- 256 14. None to teach publicly out of their own bounds without leave __.--- 257 15. Parochial catechising is appointed to be weekly, not so week-day Sermons ----- 257 16. Who are to be examined, how often, and from what age ; with the use of examination-rolls - - 257 17. Catechisms larger and shorter, their use in catechising 258 18. A, B, C, Catechism condemned . - - 268 19. When a rebuke is to be given at catechising - 258 20. Of public prayers, and the mind of the Directory about them 258 21. The present custom of using the Lord's Prayer - 259 22. Of public prayers before Sermon, taken out of the Directory for public worship, agreed unto by the Assembly 1645 259 23. Public prayer after Sermon - - - - 261 24. The meaning of the Directory - - - 262 25. Of singing of Psalms, and the authority of the present Paraphrase ------ 262 26. Singing is not to be interrupted by reading of the line 262 27. Scripture-songs to be used in families, and prepared for pub- lic use - 263 28. The design and intention of the soul in singing - 263 29. Ministerial benediction - . - - 263 30. Bowing in the pulpit to be laid aside - - - 264 Title II. Of Family Worship. 1. Habitual neglectors of family-worship censurable by sus- pension from the Lord's table - - - 264 2. Secret worship to be performed - - - 264 3. What family worship is . - - - 264 4. Reading of the Scriptures to be improved in family con- ference ------ 264 5. Chaplains, their use and abuse . - - 265 6. No mere stranger to perform family-worship - 265 7. Set forms for prayer, in cases of necessity, allowed - 265 8. Materials for family prayer - - - 265 9. Fasts and thanksgiving days in families - - 266 10. Travellers are to worship together - - 266 11. Church oflace-bearers who neglect family-worship to be deposed _----- 266 Title III. Of Baptism. 1. What Baptism is - - - - - 266 2. And to whom to be administered . . - 266 3. The engagement of parents in Baptism binds their children 267 4. When another sponsor than the parent is necessary 267 5. When the Session should be sponsor - - 268 6. Baptism not to be imposed ; the age and qualifications of a sponsor ------ 268 7. The use, end, and form of testimonials - - 268 BOOK SECOND. XVII PAGE 8. Their import, and how and why different from testimonials, in order to the Lord's Supper - - - 269 9. Form of baptismal engagement - - - 289 10. The form of ministration of Baptism and the prayer 269 11. Ministers are to reject indecent names to children - 271 12. Private use of sacraments condemned - - 271 13. Register of Baptism ----- 271 14. Baptism to be but once administered - - 272 15. He who baptise th must be ordained and lawfully called 272 Title IV. Of the Lord's Supper. 1. What the Lord's Supper is - - - - 273 2. Who may be admitted thereto, and who not - 273 3. The ordinary elements to be used in the Lord's Supper 273 4. Communicants to be recorded by the Session's order, and ad- mitted by their sentence after trial - - 274 0. How strangers are admitted with, and how without testi- monials ------ 274 6. Ministers' bahaviour, especially with persons when first admitted ------ 274 7. Persons guilty of more private scandals, how to be admitted 270 8. Persons who converse not together, how to be admitted 275 9. Fersons ?.Ga.ndalo\is jper famam da7nosam, how to be admitted or attested ----- 276 10. How to admit those who take some different methods from the church ------ 276 11. How those who are guilty of national sins should be admitted 277 12. How non-communicants should be treated - 277 13. The design and distribution of tickets - - 277 14. Fencing and opening of the tables ; its use and end 278 15. Secret preparation - . - _ 278 16. Public preparation ----- 278 17. The present practice - - - _ 279 18. What intervenes betwixt the action-sermon and the action itself --.-.. 279 19. The minister's behaviour at the action - - 279 20. Service of tables by elders and deacons - - 280 21. The behaviour of ministers and communicants during the service ------ 280 22. Exhortation and thanksgiving after all have communicate, and the conclusion ----- 280 23. The frequent celebration of the Lord's Supper recommended 281 24. How communion elements are paid, and applied when the communion is not celebrate - - - 281 Title V. Of the Solemnization of Marriage. 1. Marriage described ----- 282 2. Sponsalia, or espousals, what - - . 282 3. Forbidden degrees - . - - _ . 283 4. Marriage may be declared null upon impotency, and when not 283 5. Who cannot consent cannot marry - - _ 283 6. Consent of parents, and of promises of marriage made by minors ------ 283 Xviii CONTENTS OF PAGP 7. Errors that annual the consent in marriage - 283 8. Testimonials for Marriage . _ . 284 9. Marriage with Papists . . - . 284 10. Marriage delayed forty days after Proclamation, and scorning the Kirk . . - - 285 11. When Adultery and wilful desertion annul Marriage 285 12. Re-marrying in case of Divorce or proven Adultery 286 13. Force annuls Marriage _ - - - 286 14. Time and place of Marriage - - - 286 15. No Marriage without Proclamation of Banns, unless the Preshytery dispense therewith . - - 286 16. Clandestine Marriage, what ; its punishment and censure 287 17. Objectors against the Marriage on that day ought to find caution ------ 28/ 18. Form of solemnization of the Marriage covenant - 288 19. Register of Marriage and Baptisms ; how to bear faith 288 Title VI. Of Visitation of the Sick. 1. Ministers, Elders, or Deacons, should be cautious in being alone with unmarried women when sick or in trouble. 288 2. Ministers and people are frequently to converse about their soul-matters - - - - - 289 3. The matter of his conference when sent for to the sick 289 4. How to deal with the ignorant, doubting, and secure 289 5. How to deal with those of whose well-being there is ground of hope ------ 289 6. The Minister is to pray, if desired, and for what - 290 7. Peculiar admonitions to the sick, and exhortations to such „ as are present ; why the sick-roll is read in public 290 Title VII. Of Burial of the Dead, Lyke-wakes, and Dirgies. 1. The manner of burial - - - - 291 2. No funeral sermons ----- 291 3. No burial in the body of the church - - 291 4. Lyke-wakes and dirgies discharged - - - 291 Title VIII. Of Ministerial Visitation of Families. 1. Annual visitations of families, the custom of this Church 291 2. The design of the following overtures - - 292 3. Time of visitation, its intimation, &c. - - 292 4. First work to salute the family, enquire for their names, testimonials, &c. _ - - - 292 5. Servants spoken to in particular . - - 292 6. Children to be spoken to - - - - 293 7. Heads of families spoken to - - - - 293 S. General questions and exhortations - - 293 9. How to visit such as keep not communion with us 293 10. Visitation a difiicult work . - - - 294 Title IX. Of Sanctification of the Lord's Day, and Observing Fas^ and Thanksgiving Days. 1. How the Sabbath is to be sanctified - - 294 2. How to be sanctified in private families - - 294 BOOK SECOISD. XIX PAGE 3. Times for fasting, and how observed - - 294 4. Intimation of the Fast : materials for public prayer 295 5. Several Fasts general and particular - - 295 6. When the Church should be most cautious in appointing Fasts 296 7. Causes of a Fast in this National Church - - 296 8. No Fast to be on the Lord's Day ... 298 9. Thanksgiving days, how observed . . . 298 Title X. Of Collections and Recommendations for the Poor. 1. When collections for the poor are made - - 298 2. Extraordinary collections _ - - - 299 3. Recommendations are for a definite time - 299 Title XI. Of Provision for Schools and Universities. 1. How salaries for Schoolmasters are established 299 2. School-revenues privileged - - - - 300 3. The maintenance for schoolmasters and precentors to con- tinue, though they read not - - - 300 4. How far universities may set tacks of their teinds - 30(i 5. Extraordinary supply for universities and schools 300 Title XII. Of the Immunity and Union of Churches. 1. Local privileges within church-walls and yards, what, and how far extended _ _ _ _ 300 2. Personal immunity, how far allowed to ministers 301 3. When churches and stipends are to be united - 3(>2 4. When Presbyteries may authorise partial union, or trans- plantation of churches - - - - 302 Title XIII. Of Churches, Church-dikes, Manses, Yards, Glebes, Bells, Utensils, Ornaments, Books, and Highroads to Churches. 1. What a church is, and by whom to be repaijed - 302 2. Kirk-yards, and yard-dikes . - - 303 3. Who are liable to build and repair manses - - 303 4. How much expense and grounds for manse, yard and glebe, 304 5. Desigation of ground for manses and glebes - 304 6. How the heritor of the lands designed obtains relief 304 7. Seats common and particular, how acquired, and how burdened ------ 305 8. Beddals should keep the keys of seats, and why - 305 9. Who are the proprietors of bells, books, &c. - - 305 10. Kirk-roads 306 Title XIV. Of Tythes, Stipends and Mortifications. 1. What is meant by stipend, benefice, and the church's patri- mony ------ 305 2. That stipends are due, and how much is competent 306 3. Tithes the fund for stipends ; some tithes cannot be sold, but only valued ----- 307 4. Plantation of kirks remitted "to the Lords of Session 307 5. How long church-men may set tacks - - - 308 6. The term of payment and vaiking of stipends - 308 7. Benefices vaik upon intimation of the sentences - 308 8. Annat, what it is, and to whom it falls - - 308 XX CONTENTS OF PAGE 9. The privileges of processes for stipends - - 309 10. Who dispose on vacant local stipends, and for what uses 309 11. Stipends qxwad modum probandi, prescribe in five years 310 12. How bygone victual bolls are liquidate - - 310 13. According to what measure stipends are to be paid 310 14. Ecclesiastical pensions, what - - - - 310 15. Plurality of benefices not to be tolerated in a constitute church, and why - - - - 311 16. Mortifications under the Presbyteries inspection - 311 17. Pious donations must be applied as they were destinate by the disponer ----- 311 18. Mortifications ought not to be accepted in prejudice of blood- relations ------ 311 19. The rectifying of Popish mortifications commendable, but not their misapplication, or extinction - 312 20. Heritors of hospitals and mortifications to be named by the Sovereign ------ 312 21. A fourfold distribution of the patrimony of the kirk 312 22. Patrimony of the church collected by deacons, and why they are to find caution - - - - 312 Booh Third. Title I. Of Apostacy, and Atheistical Opinions of Deists. 1.' What an Apostate is ----- 313 2. The atheistical opinions of Deists - - - 313 3. The punishments of such Diests - - _ 313 Title II. Of Papists, Quakers, and Bourignianists. 1. Heretics who they are - . . _ 314 2. Punishment of heresy. - - - _ 314 3. Act of Parliament against Papists - - 315 4. Act of Assembly against Popery - . - 318 5. Pajjists not to be mocked - - - - 319 6. Apostate and ring-leading Quakers to be excommunicated 319 7. Errors of Antonia Bourignion condemned - - 320 Title III. Of Schism and Px'elacy, and of the Laws and Acts for preventing innovations and errors. 1. Schism, what - ... - 320 2. Schism about church-government . - - 320 3. When schism is to be proceed against - - 320 4. Prelacy declared to have been abjured, to have been the cause of many evils. Prelatists own that it is but of men. One of the causes of national fasts; it never received the church's consent ----- 321 5. Prelacy abolished by the Claim of Righ\; its toleration treasonable ----- 322 6. The licentiousness of the press, how restrained and censured 322 7. llow overtures are turned into acts of General Assembly 323 8. What acts of Assembly may be repealed - - 324 9. Errors and separation how censurable - - 324 10. Ministers are to observe the public orders of this churcli 324 BOOK THIRD. XX'i PAGB 11. The Confession of Faith to be subscribed with a Formula, and by whom - . - . _ 324 12. Synodieal associations for securing the church government 325 13. How the 4th article of the 23d chapter of the Confession of Faith is generally understood - - _ 32.5 14. Separatists not to be familiarly conversed with - 326 15. None are to withdraw from their own parish kirk 326 16. Disorderly ministers and preachers to be particularly noticed 326 17. Meetings merely on pretence of religion to be shunned 326 18. The church's name is not to be used without her consent 327 19. No new oath in the cause of religion to be taken ^vithout advice of the church - - - . 327 20. Some customs of the church were acknowledged to be in- different -----_ 327 21. None but Protestants capable of any place of trust - 327 Title IV, Of Witches and Charmers. 1. Acts of Assembly for preventing of witchcraft, grounds for apprehending of, and how to deal with them - 328 2. Who are judges competent thereto - - _ 329 3. What is relevant to infer the crime of witchcraft 329 4. The Devil's mark not per se relevant - - 330 Threatenings to do mischief, how relevant - - 330 Using of charms, though for good ends, punishable 330 Consulting with witches punishable - - 330 What defamation by witches imports - - - 330 5. When punishment follows on witches' confession, or by pro- bation of witches - _ _ _ 33]^ 6. Witches may be desired to take off diseases - - 331 7. How they torment by images, and of the punishment of witches ----_. 331 8. Fortune-tellers, who, and how punished - - 332 Title V. Of Blasphemy, Cursing, Profane Swearing, and Lottery. 1. Blasphemy, what ----- 332 2. Its punishment, and defences against it - - 332 3. How cursing and profane swearing is punished, and the de- fences against its punishment - - - 332 4. Lottery sometimes lawful, and sometimes not - 333 Title VI. Of the Profanation of the Sabbath ; of not Observing Fast and Thanksgiving Days ; of Withdrawers from, and Dis- turbers of the Public Worship, and Observers of Superstitious Days. 1. How profanation of the Sabbath is censured and punished 334 2. How some proclamations allowing the profaning of the Lord's Day, agree with the civil law - - 336 3. Non-observers of fasts and thanksgiving days punishable 336 4. Disturbers of public worship, how punished - 336 5. Observers of superstitious daj^s censurable - 336 6. The Church of Scotland hath no anniversary fast, or feast days 337 7. What is not a superstitious observing of days - 337 XXll CONTENTS OF PAGB Title VII. Of Slandering and Assaulting of Ministers, Beating and Cursing of Parents, and Injuries personal and real. 1. Slandering of Ministers to be censured - - 338 2. Violence offered to Ministers how punished - . 338 3. Beating and cursing of parents, how punishable - 338 4. Verbal injuries, what - - - - 338 5. What defends against the punishment due to injurers 339 6. Real injuries, what ----- 339 7. Infamous libels, called by civilians libelli famosi, how punish- ed, and its defences - - - - 339 8. Who are judges competent - - - - 340 9. How Church judicatories are to behave in processes for calumny ------ 340 Title VIII. Of Bribery, Partiality, and Negligence of Judges. 1. Bribing, what ------ 340 2. Partial Judges, who - - - - 341 3. Negligence of Ecclesiastical Judges censurable - 341 Title IX. Of Deforcement of Officers. 1. Deforcement, what ----- 341 2. Who are habile witnesses of Deforcement - 342 Title X. Of Murder, Parricide, Duels, and Self-Murder 1. That these crimes come under church cognizance - 342 2. Murder, what, and of casual homicide - - 342 3, Homicide committed in self-defence, and how lawful bounds are exceeded ------ 343 How self-defence is proponed and proven - - ^344 4, W^hat is Tiomicidium culposum, or faulty homicide - 344 5! Wilful Murder, what, and what wound is to be judged mortal ------ 344 6. Killing of Robbers, Murderers, and Adulterers, how war- rantable ._---- 345 7. Fighters of Duels, how punished and censured - 345 8. Seff-Murder, how punished, and what defends against its punishment - - - - - - 346 9. Parricide, what, and how punished - - 346 10! Murder of Children, how proven - - - 346 11. Abortive potions, how punishable - - - 346 12! The exposers of infants, how punished, and if they be bastards .-.--- 347 Title XI. Of Incest, Adultery, Bigamy, Rapes, Fornication, ct de Venere Monstrosa. 1. Incest, what, its kind, and how punished - - 347 2. Adultery, what ------ 347 3. The difference between single and notour adultery 348 4. Adultery, how punishable - - - - 348 .5. How the Church censures adulterers - - 348 6.' The marriage ought to be proved, and what probation is re- quisite in adultery - - - - 348 7. How she is to bo censured who lies with an unknown man 349 BOOK THIRD. XXii^ PAGE 8. Bigamy, what, and its punishment . - - 349 9. A Rape, what, and its punishment - - 349 10. Minors, ond such as force common whores, how punishable 350 11. Fornication, what, and how punished and censured - 350 12. What defends against the punishment - - 351 13. Venus monstrosa, how punished - - - 351 Title XII. Of Penny-Bridals, Promiscuous Dancing, Stage-Plays, Immodesty of Apparel, Drunkenness, Tippling, and acts in general against Profaneness. 1. Penny-weddings, how restrained - - - 351 2. Promiscuous dancing censurable _ _ _ 352 3. Stage-plays, &c, condemned . . . 352 4. Immodesty of apparel condemned - - - 353 5. Means and considerations for preventing drunkenness 353 — Tippling punishable, as drunkenness - - 354 6. Drinking of healths a snare, drunkenness, how punished 354 7. If such as are drunk be punishable for crimes, and can con- tract .-..--- 354 8. Presbyteries may appoint informers against vice, and how judges refusing to punish the same are liable - 354 — Parish Magistrates for punishing vice, their sentences not to be advocate or suspended _ - - 355 — Difference in religion exeems not from church censure 355 9. Discipline to be faithfully exercised, and how the quality is to be admonished _ . _ _ 355 — Who grant and use testimonials, their contents - 356 — Sessions and Presbyteries are to keep days for prayers, and pass privy censure duly, and ministers to be frequent in converse ------ 356 — Men of business not to be excused for tarrying late in taverns, and carriers must have testimonials - 357 — Abstracts of Acts of Parliament and Assembly against vice to be got ------ 357 — Gross ignoronce, how to be censured - - - 357 Title XIII. Of Theft, Sacrilege, Usury, Falsehood, Beggars, and Vagabonds. 1. Theft, what, how punished, and when excusable - 357 — How stolen goods are to be recovered - - 358 2. Sacrilege, what, and how punished - - - 358 3. Usury, what, its several branches, how it is proven and punished ----- 358 4. Falsehood, what - - - - 359 — Falsehood in writ ----- 3.59 — Falsehood committed by witnesses - - - 359 — Perjury, what, and how punished - - - 359 — Forging of money, how punished - - - 3,59 — False weights, their punishment - - - 360 — Assuming of a false name, how punished - - 360 5. Beggars and vagabonds, how suppressed and punished 360 XXIV CONTENTS OF PAOE Title XIV. Of Art and Part. 1. Art and Part explained - . . - 331 2. How far advice imports accession - - 361 3. Who are punishable as accessories in adultery - 361 — "What is Leonocinium _ - - - 361 4. Panders, &c. and inn-keepers, how punishable for whore- dom and drunkenness - . - - 362 Booh Fourth. Title I. Of Scandals and Church-discipline in general ; of the Method of proceeding with the Scandalous, and how Scandals are to be tabled before Church-judicatures. 1. Scandal, what ------ 362 2. When offences are to be brought to public, and when not 362 3. The ends and use of Church-discipline - - 363 4. OflFences of the same kind not to be always managed after the same manner ----- 363 5. The order prescribed Matih. xviii. to be observed, and what it implies ----- 364 6. When a person is to be accounted obstinate - - 364 7. What satisfying, and what not, for removing of scandal 365 8. Who are to be admitted to public repentance, and when be absolved _ _ _ - - 365 9. Drunkenness, swearing, &c. how to be proceeded against 366 10. Public place of repentance, how a civil punishment - 366 11. Keys of doctrine and discipline how they differ - 367 12. When necessary that offenders should speak in public, and how a public rebuke is to be given - - 367 13. Insciihere in crimen, what, who is a calumnious accuser ; and who cannot accuse ; how informers are to be censured 367 14. Scandals tabled by inquisition, delation, and exception 368 — An informer may be a witness - - - 368 15. Where scandalous persons are to satisfy, and what warrants a kirk-session to admit process for uncleanness - 368 Title II. Of the Transaction and Prescription of Sceindals. 1. Transactions betwixt parties doth not sist process 369 2. The time for prescription of scandals, and requiring of tes- timonials _ - - - - 369 Title III. Of Libels, Probation, and Citation. 1. A libel, what 370 2. A copy of the libel, with a list of witnesses, to be delivered ; it must condescend on time and place - 370 3. What is a relevant libel ; it is unlawful to be witnesses, or on the assize of irrelevant libels - - - 370 — When the relevancy is to be discussed - - 371 4. Exculpation described, when to be granted - - 371 5. Probation what, and by confession - - - 372 6. Oath of calumny, verity, and credulity, what - 372 7. Probation by oath of party instanced ; it is not to be pressed 372 BOOK THIRD XXv PAGE 8. Style of the oath of purgation ... 373 9. When and where this oath is to be allowed and taken ; and its effects .--.__ 373 10. How the woman is to be censured when the fact is not proven against the man - . - 374 11. How a voluntary and malicious confessor of uncleanness is to be censured _____ 374. 12. Probation by writ _____ 374 13. Probation by presumptions - _ - . 374 14. Form of a diligence against witnesses, their non.compear- ance to be censured _ _ . _ 375 15. Objections against witnesses _ _ _ . 375 16. How witnesses are to be sworn, examined, and subscribe the initialla testimonii - _ _ . 375 17. Singularity of witnesses, what . _ _ 375 18. Probation by notoriety, and if judges may be witnesses 376 19. How parties are duly sisted before a church-judicature, and the requisita citationis - _ . _ 373 20. Parties out of the country how cited _ _ _ 377 21. Parties in another parish how cited - _ 377 22. Citations dilatory and peremptory, how to proceed with those who disobey or abscond _ _ _ 377 23. Style of a summons, and of the copy and execution thereof, and of caution to appear _ . _ 373 2-1. All defenders must appear personally, even though minors, and how societies appear - _ . _ 379 Title IV. Of the Vocational and Personal Faults of Ministers and Probationers, how they are Censured, and of the Method of Proceeding to Censure, and of reponing them against thes« Censures. 1. Nbn-residence what, and how censured, who are deserters, and how censured, and defences against the same 380 2. Supine negligence what, and how censured - - 381 3. Dilapidation what, and how censurable - - 381 4. Simony what, and how proven and punished : Ambitus, what, and how censured _ - - _ _ 38X 5. Intruders and vagrant ministers, who, and how censured 382 6. Vocational faults of ministers, how censured - .383 7. Personal faults of ministers, how censured - - 383 8. Remedies against vocational and personal faults of minis- - ters 385 9. What warrants a Presbytery to enter in process against a minister : and how accusers are to be admitted . 386 10. The manner of citing ministers - _ . 335 11. How to behave towards a minister compearing and confes- sing -.-.___ 3gg 12. How towards one absenting or contumacious . 387 13. How towards him who compears, and denies, but against whom the libel is proven - . _ _ 337 14. How to carry towards a minister charged with errors 387 15. How to carry towards a minister charged with a multitude of smaller things laid together - . 387 XXVI CONTENTS OF PAGE 16. Absence from synods censured by suspension, and why so called - - - - - - 388 17. Grounds of deposition what : Excommunication and deposi- tion rarely in one sentence : No ministerial communion with deposed ministers : A deposed minister applying to the civil magistrate for reposition, not to be restored. 388 18. DiflFerence between deprivation, deposition, and degradation 389 19. Prayer before deposition or reposition ; and the form of acts of deposition and suspension : No deposed or sus- pended minister is to intromit with the benefice 389 20. For what probationers are to be censured - 390 21. When the Assembly only can repone, and what judicature can repone : He cannot be restored to his former parish, nor yet to that of another deposed for the same fault : Ministers deposed for horrid crimes not to be reponed. ,390 22. How a great many ministers were reponed against sentences past during the late divisions - - - 391 Title V. Of Sentences and their Reviews, of Declinatures, Refer- ences, and Appeals. 1. Severe kinds of sentences - - - - 391 2. Sentences must be written before they be pronounced 392 3. In doubtful cases it is safest to absolve - - 392 4. Conclusion of the causes - - - - 392 .5. Some sins not to be tried publicly . - - 392 6. Nullity of sentences . - . . 392 7. The nature, use, and end of reviews, and who can review 392 8. The magistrate is to interpose his authority for getting obedience to church censures _ _ - 393 9. Difference between references and appeals ; when warran- tably made, and when not _ - - 393 10. What an appeal is ; its end - - - - 393 11. The effect of an appeal, and how it sists execution 393 12. The manner of making appeals, and to whom made 394 13. When an appeal is to be judged deserted - - 394 14. How parties are sisted by bills and references - 394 15. When the bene or male-appellatum is to be discussed : When the appeal is not be sustained : When the appeal is to be sustained _ _ _ . . 395 Title ^VI. Of the order of proceeding to Excommunication. l.'^When to proceed from the lesser to the higher excommuni- cation, and grounds for both - _ _ 3% 2. Every error or difference in judgment, not sufficient ground for excommunication - - _ - 396 3. How the Presbytery proceeds with persons present or absent in order to this censure - - - - 396 4. After three ordinary citations, three public admonitions 396 o. After three admonitions follow three public prayers 397 6. Edict for excommunication - - _ 397 7. The reason of this slow procedure - _ . 397 8. The minister's behaviour before he pronounced the sentence 397 BOOK FOURTH, &C. XXvii PAGE 9. The form of the sentence of excommunication - 398 10. What is meant by delivering to Satan - - 398 11. When pronouncing the sentence may be stopped - 398 12. The effects of this sentence - - . . 393 13. Conclusion by prayer, praise, and pronouncing the blessing 399 14. The difference betwixt the greater and lesser excommunica- tion --.-__ 399 15. Surnmary excommunication what, and when to be inflicted 400 16. Intimation of the sentence of excommunication and absolu- ,„ ^ ti'^n 400 1/. Interdictum local and particular - - - 400 18. Anathematization, excommunication, and aecursing are sy- nonymous -----_ 401 Title VII. Of the order of proceeding to Absolution, 1. The old and present method of proceeding to Absolution 401 2. Absolution in extremis - - - - . 402 3. Edict of absolution - • - - . . 402 4. The minister's behaviour and prayer before absolution 402 5. Sentence of absolution, and exhortation to the absolved 403 6. How the excommunicated are prayed for before absolution 403 7. Conclusion of the absolution - - . . 403 V. Extracts from Principal Hill's " View of the Consti- tution of the Church of Scotland." I. The Judicial, Legislative, and Executive Power of the Church of Scotland. 1. Judicial power - - - - _ 407 2. Legislative power - - - - . 408 3. Executive power - - - - _ 410 II. The Judicatories of the Church of Scotland. Kirk Sessions ----._ 414 Presbyteries - - - > . 4I4 Provincial Synods - - - _ _ 415 4. General Assembly - - - _ _ 4J5 — Note by the Editor relative to the Scottish Church in India, &c. &c. - . - . _ . 42g 5. Subordination of Judicatories - - _ 420 6. Right of control in a superior Court - - . 421 — Reference ----._ 421 — Appeal - - - «. - - - - 421 — Complaint -----_ 402 III. Admission of Ministers into the Church of Scotland. 1. Trial of the Qualifications - - _ 493 2. Pi-esentation of the Patron - _ _ 425 XXVlll CONTKNTS. PAG K 3. Voice of the People , - - - - 428 4. Solemn deed of the Presbytery _ - - 4:3t^ VI. Lord Aberdeen's Bill, respecting the Admission of Ministers to Benefices . - - - 431 VII. Summary of Sir James Graham's Bill - 4.3-3 APPENDIX— Translation of Latin Phrases - 441 CHRONOLOGICAL YIW OF THE ACTS OF PARLIAMENT, BY WHICH Ei)t ©fjurcf) of Stotlanti WAS ESTABLISHED AND IS MAINTAINED. On the 24th clay of August, 1560, Popery was abolished, and the Protestant religion virtually established in Scotland, by Acts of the Estates of Parliament. This result of the persecutions with which the professors of the reformed doctrines had been visited, and of the conflicts of reason and true religion with power and bigotry, was effected, in consequence of a petition presented to Parliament by a number of Protestants. They craved, that the doctrine maintained in the Popish church should be discarded as anti- christian — that purity of worship, as exemplified in the disci- pline of the primitive church, should be restored — and that the ecclesiastical revenues, which a corrupt hierarchy had en- joyed, should be applied to the maintenance of a useful clergy, to the promotion of learning, and to the relief of the poor. They impugned the clerical character of the Popish priest- hood, and contended that the power which they exercised, and the vassalage under which they served to the court of Rome, rendered them unfit to be entrusted with power, or tolerated as ministers of religion. These Protestant petitioners, therefore, called on Pavl'a- 3 ACTS OF THE raent to use the power which Providence had put into their hands for effecting this great work of reformation ; and they were required by the States to prepare a summary of the doctrines which they held to be conformable to Scripture. This the reformed ministers did in the space of four days. Besides the doctrines of Christianity common to all its churches, this confession condemned as idolatrous and super- stitious several particulars in the Romish system. It was submitted to the Lords of the Articles, and afterwards deliber- ately confiidered in full Parliament — the reformed ministers being in attendance to defend or explain it ; and after an ad- journment, that it might be duly and deliberately scruti- 7iized, Parliament resumed the consideration, and approved of it on 17th August, 1560, It met with no opposition ex- cept from three temporal Lords (AthoU, Somerville, and Borthwick,) whose only reason was that they would " believe as their forefathers had believed,'' while " the Bischopis spak nathing." On the 24th of the same month, accordingly, the following acts of Parliament were passed : — " The thre Estaitis then being present vnderstanding that the jurlsdictiouno ande autoritie of the Bischope of Bome, callit the Paip, vsit within this realme in times bipast, hes bene verraj' hurtfull and preiudiciall to our Soueranis autori- tie ando coramone weill of this realme : Thairfoir hes statute ande ordanit that the Bischope of Borne haif na jurisdictioun nor autoritie within this realme in tymes cuming. And that nane of ourc saidis Soueranis subiccts of this realme sute or desire in ony tyme heireftir title or rycht be the said Bischope of Rome, or his sait to ony thing within this realme, vnder the panis of Barratrye — that is to say, proscriptioune, ba- nischement, and neuir to bruke honour, office nor dignitie within this realme. And the controvenaris heirof to be callit befoir the Justice or his Deputis, or before the Lordis of Ses- sioun, and pvnist thairfoir, conforme to the lawis of this realme. And the furnissaris of thame with fynance of money and purchessaris of thair title of rycht, or mantcanaris or defendaris of thame, sail incur the same panis. Ande that na Bischop nor vther Prclat of this realme vse ony jurisdic- SCOTS PARLIAMENT. 31 tioun in tymes to cum be the said Bischop of Eomeis autoritie Tnder the pane foirsaide."* Another act was passed the same day to this eflfect, that *' Forsamekile as thair has bene diuers 'and sindrie actis of Parliament maide in Kina: James the first, secunde, thride, ferde, and fyftis tymes, Kingis of Scotlande for the tyme, -ande als in our Souerane Ladeis tyme, not aggreing with Goddis holie worde. And be thame diuers personis tuke oc- casioune of mantenance of idolatrie and superstitioune in the kirk of Gode, and repressing of sic personis as wer profes- souris of the said worde, quhairthrow diuers innocentis dide suffir ; for eschewing of sic in time cuming, the thre Estaites of Parliament hes annullit ande declarit all sik actis maide in tymes bipast, not aggi-eing with Goddis worde, and now contrair to the Confessioune of oure Fayth, according to the «aide worde publist in this Parliament, to be of nane avale, force, nor effecte. And decernis the saidis actis and euery ane of thame to haue na effecte nor strenth in tyme to cuni, bot the samyn to be abolishit and extincto for euir, insafer as ony of the saidis actis ar repugnant and contrarie to the Con- fessiouneand word of Gode foirsaidis, ratifiit ande apprevit be the saidis Estaitis in this present Parliament.''! The Popish system being thus abolished as the established religion of Scotland, the reformers exerted themselves zeal- ously for the attainment of a scheme of church polity conso- nant to the principles and objects which they had advanced in their petition to Parliament. In this they met with oppo- sition and obstructions, suggested by the interests and pas- sions of men in power ; and although all their dews were not realized, yet they ultimately succeeded in obtaining a settlement of the reformed church, which embraced all the more vital and important parts of their scheme. As, how- ever, the steps which were taken consisted partly of ecclesi- astical and partly of civil proceedings, it is thought more expedient, for the sake of distinctness, to reserve the details for another section of this Digest, confining the particulars in * Acts of the Parliament of Scotland, vol. ii. p. 535. (Mr. Thomson'* Edition.) t ILid. 32 ACTS OF THE this to a connected view of the legislative Acts of Parliament alone. Under the head of " Books of Discipline of the Church " will be found the necessary notices with regard to the combined operations of the church and the state, respecting the attainment of the fundamental platform on which our church establishment was afterwards reared. The next steps, therefore, in the legislative measures of the Scottish Parliament, to which we are called on to advert, is, the sanction by Queen Mary to the Protestant reli- gion as she found it on her arrival in Scotland, and the sub- sequent ratification of the two acts of Parliament already re- cited during the minority of King James VI. and the regency of Murray. This last took place on the 15th December, 1567. By two separate acts of that date, the King, with advice of the Regent and three Estates of Parliament, ratified and approved of the act abolishing Popery already recited ; " and of new in this present Parliament, statutis and ordainis the said act to be as ane perpetuall law to all our Soveraine Lordis lieges in all times cumming." A similar ratification was adhibited to the other cotemporary act, which repealed the acts in favour of Popery, and recognized the new Con- fession ; and the Confession itself referred to in it, was in- grossed in the record of Parliament, and thus incorporated with the statute law of Scotland .* The declaration of Queen Mary, which formed a link in the chain of statutory sanctions, is in these terms, and appears among the Acts " in the Parliament helden at Edinburgh the 19th day of April, the zeir of God 1567 zeiris." *' The quhilk day the Quenis Maiestie having considerit the estait of hir Majestie's realme that it stude at the tyme of hir arryvale furth of France, and yet presentlie standis at, foirsee- ing alssua the common weill of her countrie gretumlie to be incressit and estabillishit be the keiping of the common peax and quietnes amangis all her gud subiectis. And like as hir Hienes sen hir foirsaid arryvall hes attemptit na thing * Vide Acts, vol iii. p. 3G. SCOTS PARLIAMENT. 33 contrar the estait of religioune, qiihilk hir Maiestle fand pub- lictlie and vniuersallie standing at her arryvale foirsaid, quhairby hir Maiestie is maist worthy to be seruit, honourit, and obeyit ; richtswa hir Hienes intendis to continew in the samyne gudnes and gouernraent in all tyme cuming, quhair- by all hir gud subiectis professouris of the religion foirsaide, sail haif occasioune to praise God for hir gud, happye, and gratius gouernement, and to crave of God from the boddum of thair harttis, that he wald of his infinite gudnes to prosper and blis her Maiestie, and hir posteritie, with lang lyf, gud and happye gouernment, to reull and regnne ouer tharae. And to the effect alssua that all hir Hienes gud subiectis, professouris of the said religioune, may assure thame selfEs to be in full suretie thairof, and of thair landis, lyves, benefices, offices, dignities, jurisdictionis, priuileges, gudis, fame, and honouris in time cuming, and with the better will, jeopard and hasard thair lyves and gudis in hir Hienes seruice aganis all inymes to hir Maiestie and to the commone weill of this realme at all tymes neidful, as thair predecessouris hes maist frankly done heirtofore, and that withowtt feir of ony pane, punishment, tynsell of landis, benefices and gudis, for pro- fessing, exerceing, vsing of the said religioune in tymes by- gane, and to cum, to be impute vnto thame or thair airis, nochtwithstanding ony lawis, actis and constitutiounis, and canone ciuile or municipale, or vther quhatsumeuir ordinance heirtofoir insitute in the contrar. And for thair greter suretie foirsaid, our said Souerane, with the awyss of the haill thre Estaitis of Perliament, hes thocht neidful and convenient to dispenss, cass, abrogat and annull, like as hir Maiestie pre- sentlie dispenssis, cassis, abrogattis and annullis all and quhatsumeuir lawis, actis and constitutionis, canone, ciuile or municipale, with all vther constitutionis and practik pe- naleintraducit contrar to the foirsaid religioune and profes- souris of the samyne ; and ordanis thame and thair posteritie in all tymes to cum, to be fre and exemit from all pane cor- porall, infame, reproche, depryving from benefices, dignitie or offices, or vther cryme or pane quhatsumeuir that may be incurrit or impute to thame be vertew of the saidis actis, lawis, ordinances, canone, ciuil or municipale and practik, for con- travening of the samyne, renunceand the samyne and strenth thairof in favouris of our saidis subiectis to the efi'ect foirsaid. And siclike the Quenis Maiestie of hir auctoritie royall granttit to hir be God, with the awyss of the thre Estaitis foirsaidis takis to hir self and hir posteritie, all hir gude 34 ACTS OF THE subiectis, thair benefices, landis, offices, gudis, and honouris, to be vnder hir sure salfgard, mantenance, protectioune, and defence perpetuallie, aganis quhatsumeuir foirane auctoritie, pouer, jurisdictioune, and persute, be it ecclesiasticall or tem- porall. Exemand hir foirsaidis subiectis from all compeir- ance, summonding, or obedience pretendit or to be pretendit, heirafter agains thame for the caussis foirsaidis, be quhat- sumeuir foirane persoune or vther pretendand jurisdictioune or auctoritie throw thame ; willing hir subiectis to duell in perpetuall securitie and quietness within this realme, be mak- ing of thair maist humbill and faithfuU obedience to hir Hienes and hir posteritie in all tymes cuming heirefter allenerlie. Like as also hir Maiestie, God willing, heirefter in tyme convenient sail tak forther ordour, in all vther poinctis, concerning the estaitof religioune, as may best serue for the glorie of God, commone weill of this realme, and con- tinewing of commone peax and quietnes vniversallie amangis all hir subiectes : Commanding thame, and euerie ane of thame, in all tymes heirefter, to keep mutual e, perfyte and maist hartlie kyndnes, luift', freindschip, and nycntboure- heide, ilk ane to vtheris, vnder all hieast pane and charge, that heirefter may follow, for breaking of this present act of Perliament and her Maiesties lauchfull commandment."* In the first Parliament of King James VI., Dec. 1567, there were other collateral statutes passed, — among which there was one abolishing the mass, and for the punishment of all hearers, or sayers thereof. This was accompanied by an- other act declaratory of the reformed church according to its Confession of Faith, being the only religion established in Scotland. t The latter is in the following terms, (15 Dec. 1567, c. 6.) " And becaus that lawis quhilkis are not cleir ar often tymes occasioune of discorde, we moist humilie desire that for avoyding of all debait, dout ande questioun that eyther may aryiss for the validitie and strenth of that Parliament as for the intorpretatioun of the saidis present Parliament, pronounce and declair first, That the ministcris of the blissit Evaiigell of Jesus Chryst, quh * Vi«:c Act>, vul. ii. p. 543. t ll-iJ. vol. Hi. p L'-J, 23, 24. SCOTS PARLIAMENT. 35 God of his mercy hes now ralsit vp amangis ws, or heirefter sail aggreing with thame that now leif in doc- trine and administratioun of the sacramentis, and that part of the people of this realme, that professis Jesus Chryst, as now he is offerit his Evangell and do communicat with his holie sacramentis (as in oure reformit kirkis thai ar publictlie ministrat) may be declarit the onlie trew kirk of Jesus Chryst within this realme. And that all and sindrie quha owther gaynsay the word of the Evangell, as it is now preachit ande of ws ressauit ande approvit as the heidis of the Confessioune of our Fayth mair particularlie do express, or that yet re- fusis the participatioun of the halie sacramentis as now thai are ministrat. Be decernit na members of the kirk within this reallme sa lang as thai keip thame selfis so dividit frome the society of Chrystis body."^ In the same Parliament, another act (c. 8.) was passed, by which the terms of the coronation oath were established ; and this being one of the fundamental and most important acts connected with the Protestant institutions of Scotland, re- quires a place in this chronicle of our church law. *' Anent the Kingis Aith to he geuin at his Caronatioun. " Item, Because that the incres of vertew, and suppressing of idolatrie, crauis that the Prince and the peple be of ane perfyte religioun, quhilk of Goddis mercie is now presentlie professit within this realme : Thairfoir it is statute and ordanit be our Souerane Lord, my Lord Regent, and thre Estaitis of this present Parliament, that all Kingis, and Princes, or Magistratis quhatsumeuir, balding thair place, quhilkis heirefter in ony tyme sail happen to regne, and beir reule ouer this realme, at the tyme of thair coronatioun, and ressait of thair princely authoritie, mak thair faithfull promise, be aith, in presence of the Eternall God, That in- during the haill cours of their lyfe, thay sail serue the samin Eternall God, to the vttermaist of thair power, according as he hes requyrit in his maist haly word, reuelit, and contenit in the New and Auld Testamentis ; and according to the samin word sail mantene the trew religioun of Jesus Christ, the preicheing of his haly word, and dew and rycht ministra- * Acts, vol. iii., p 36. 36 ACTS OF THE tioun of the sacramcutis now ressaifit and preichit within this realrae. And sail abolische and gainstand all fals religioun contrare to the samin : And sail reule the pcpill committit to thair charge, accordhig to the will and command of God, reuelit in his foirsaid word, and according to the louabill lawis and constitutionis ressaifit in this realme, nawyse re- pugnant to the said word of the Eternall God. And sail procure to the vttermaist of thair power, to the kirk of God, and haill Cristiane pepil, trew and perfyte peice in all tyme cuming. The rychtis and rentis, with all the iust priuilegeis, of the Crowne of Scotland to preserue and keip inuiolatit, uouther sail thay transfer nor alienat the samin. Thay sail forbid and repres in all estatis and degreis, reif oppressioun, and all kynde of wrang. In all jugementis, they sail com- mand and procure that justice and equitie be keipit in all creatures, without exceptioun, as the Lord and Father of all mercyis be mercifull to thame. And out of their laiidis and empyre they salbe cairfull to ruite out all heretykis and enemeis to the trew worschip of God, that salbe conuict be the trew kirk of God of the foirsaidis crymis. And that thay sail fuithfullie affirme the thingis aboue writtin be their solempnit aith."* In the Parliament holden from 28th August to 7th Sept., 1571, there was a " Ratification of the freedome and libertie of the trew Kirk of God " passed, of the following tenor :— " Item, Our Souerane Lord, with auiss and consent of his said Regont, thre Estaittis, and haill body of this present Parliament, hes ratifiit, and be this present act ratitiis and appreves all and quhatsumeuir aetes and statutes maid of befoir be our Soueraine Lord and his predeccssouris anent the freedome and libertie of the trew kirk of God, now publictlie professit within this realme. "t And again in 1578, in another Parliament of [King James VI. (25th July,) we have a reiteration of these statutory sanctions, viz. " The Ratijicatioun of the libertie of thejrew Kirk of God and Religioun. " Ouro Souerane Lord, with aduissc of his thrie Estailis of ^ Acts, vol. ii'.. p 23. t lUid, y. D8. SCOTS TARLIAMENT. 3/ this present Parliament, hes ratifiit and apprevit, and be the tennour heirof ratefeis and apprevis all and quhatsumeuir actis of Parliament, statutis, and constitutionis past and maid of befoir agreable to Goddis word, for mantenance of the libertie of the trew Kirk of God and religioun, now presentlie professit within this realme and puritie thairof. And de- cernis and declaris the samyn to haue effect in all pointis efter the forme and tenour thairof.* We have next, on 20th October 1579^ Cc. 6.) an Act " Anent the trew and Jialy Kirh, and thame declairit not to be of the same ;" and another, " Ancnt the Jurisdiction of the Kirk." The former of these is as follows : — " Our Souerane Lord, with auise and consent of the thrie Estaites, and haill body of this liament, ratifeis and appreuis all and quhatsumeuir actis and statutis maid of befoir be his Hienes, with auiss Kegentis, in his awin regnne or his predicessouris, anent the freidome and libertie of the trew Kirk of Gode ande religioun, now pre- sentlie professit within this realme : And specialie ratifeis and apprevis the sext act of his Hienes Parliament, haldin in the*first yeir of his Ilienes regnne, intitulat, Anent the trew ande haly Kirk, and of thame that ar declarit not to be of the samyne. Ordaning the same to be heir insert of new, (be- caus of sum defectioun and informalitie of wordes in default of the Prentair,) in this forme. Oure Souerane Lord, with auise of his thrie Estaites ande haill body of this present Perliament, hes declarit and declaris the ministeris of the blissede Euangel of Jesus Chryst, quhome God of his mercie hes now raisit vp amonges ws, or heirofter sail raiss, aggreing with thame that now levis in doctrine and administratioun of the sacramentis. And the people of this realme that professis Jesus Christ as he is now offerit in his Evangell, and do com- municat with the haly sacramentis, as in the reformit kirkis of this realme ar publictlie administrat, according to the Con- fessioun of the Faythe, to be the only trew and haly kirk of Jesus Christ within this realme. And decernis and declaris that all and sundrie quha vther gaynesayis the word of the Evangell ressauit and apprevit ; As the heidis of the Confes- •^ Acts, vol. iii., p. 95. 38 ' ACTS OF THE sioune of the Faythe professit in Perliament of befoir in the yeir 1560 : as alsua specifiit and registrat in the actis of Perliment maid in the lirst yeir of his Hienes regnne, mair perticularlie dois expres, ratifeit alsua and appreuit in this present Parliament : or that refusses the participatioune of the haly sacramentes as they ar now ministrat to be na membris of the saide kirk, within this realme, ande trew religioune sa lang as they keep thame selfFes sa deuydit from the societie of Christes body."* After many struggles and difficulties, the Presbyterian form of church government was finally established on the oth of June, 1592, by the following * Act for aholisJicing of the Actis conirair the trew Religioun, " Oure Souerane Lord and Estaittis of this present Par- liament, following the lovable and gude example of thair predicessouris, hes ratifeit and apprevit, and be the tennour of this present act ratifies and apprevis all liberties, priui- leges, immvnities and fredomes quhatsumeuir gevin and grantit be hes Hienes, his regentis in his name, or ony of his predicessouris to the trew and hally kirk presentlie estab- lishit within this realme, and declairit in the first act of his Hienes Parliament the twentie day of October, the yeir of God I m vc Ixxix zeirs, and all and quhatsumeuir actis of Parliament and statutes maid of befoir be his Hienes and his regentis anent the libertie and fredome of the said kirk. And specialie the first act of [the] Parliament haldin at Edinburgh the xxiiij day of October, the yier of God I m \c fourscoir ane yeirs, with the haill particular actis thairin mentionat, quhilk salbe alss sufficient as gif the samyn wer heirin ex- prest, and all vthir actis of Parliament maid sensyne in fa- vouris of the trew kirk. And siclyk ratifies and apprevis the Generall Assemblies appoyntit be the said kirk. And de- clairis that it salbe lauchfull to the kirk and ministrie euerilk yeir at the leist, and ofter pro re nata as occasioun and neces- sitie sail require, to hald and keip Generall Assemblies, pro- A-iding that the Kingis Maiestie or his Commissioner with thame to be appoyntit be his Hienes, be present at ilk Gene- rall Asscmblie befoir the dissoluing thairof, nominat and ap- * Yo!. iii, p li'7. SCOTS PARLIAMENT. 39 point tyme and place, quhen and quhair the next Generall Assemblie salbe haldin. And in caiss nather his Maiestie nor his said Commissioner beis present for the tyme in that toun quhair the said Generall Assemblie beis haldin, than and in that caiss it salbe lesum to the said Generall Assem- blie be thame selffis to nominat and appoynt tyme and place quhair the next Generall Assemblie of the kirk salbe keepit and haldin as they haif bene in vse to do thir tymes bipast. And als ratifies and apprevis the sinodall and provinciall as- semblies to be haldin be the said kirk and ministrie twiss ilk yeir as they haif bene ande ar presentlie in vse to do within euery province of this realme. And ratifeis and apprevis the Presbiteries and particulare sessionis appointit be the said kirk with the haill iurisdictioun and discipline of the same kirk aggreit vpoun be his Maiestie in conference had be his Hienes with certane of the ministrie convenit to that effect. Off the quhilkis articles the tennour followis, Materis to be iNTREATiT IN PROVINCIALL ASSEMBLIES, Tliir Assemblies ar consitute for wechtie materis necessar to be intreatit be mutuall consent and assistance of brethrene within the pro- vince as neid requyris. This Assemblie hes power to handle, ordour and redress all thingis omittit or done amiss in the particulare Assemblies. It hes power to depose the office beraris of that province for gude and iust caussis deserving deprivatioun. And generalie thir Assemblies hes the haill power of the particulare elderschippis quhairof thay ar col- iectit. Materis to be intreattit in the Presbiteries. The power of the Presbiteries is to give diligent laubouris in the boundis committit to thair chairge. That the kirkis be kepit in gude ordour. To enquyre diligentlie of uauchtie and vngodly personis, and to travell to bring thame in the way agane be admonitioun, or threatning of Goddis jugementis, or be correctioun. It appertenis to the elderschip to tak heide that the word of God be puirlie preachit within thair boundis, the sacramentis richtlie ministrat, the discipline intertenyit, and the ecclesiasticall guidis vncorruptlie distributit. It be- langis to this kynd of Assembleis to cans the ordinaneis maid be the Assembleis provinciallis, nationallis and generallis to be kepit and put in executioun. To mak constitutionis quhilkis concernis To UoiTov in the kirk for decent ordour in the particulare kirk quhair they governe, provyding that they alter na rewlis maid be the provinciall or Generall As- semblies. And that they mak the Provinciall Assembleis AO ACTS OF THE foirsaidis privie of the rewlis that they sail mak, and to abolishe constitutiones tendin.^ to the hurte of the same. It hes power to cxcommunicat the obstinat, formale proces being led and dew intervall of tymes obseruit. Anent particulare KiRKis. Gif they be lauchfullie rewlit be sufficient ministeris and sessioun, thay haif power and iurisdictioun in thair awin congregatioun in materis ecclesiasticall. And decernis and declairis the saidis Assembleis, Presbiteries, and Sessiounes, jurisdictioun and discipline thairof foirsaide to be in all tyraes cuming maist iust, gude, and godlie in the selff. Notwith- standing of quhatsumeuir statutes, actes, cannon, ciuile, or mvnicipale lawes maid in the contrair ; to the quhilkis and every ane of thame thir presentis sail make expres deroga- tioun. And becaus thair ar diuerss actes of Parliament maid in favouris of the papisticall kirk, tending to the preuidice of the libertie of the trew kirk of God presentlie professit within this realme, jurisdictioun and discipline thairof, quhilk standis yet in the buikis of the actes of Parliament not abrogat nor annullit ; thairfoir his Hienes and Estaitts foirsaidis hes abro- gat, cassit and annullit, and be the tennour heirof abrogat, cassis, and annullis all acts of Parliament maid be ony of his Hienes predecessouris, for maintenance of superstitioun and idolatrie, withall and quhatsumeuir actes, lawes, and statutes maid at ony tyme befoir the day and dait heirof, againis the libertie of the trew kirk, jurisdictioun and discipline thairof, as the samyn is vsit and exerceisit within this realm ; and in speciall that pairt of the sevint act of Parliament halden at [Streviling the fourt day of November I m iiijc xliij] yeircs, commanding obedience to be gevin to Eugin the Pape for the tyme, the jc and xj act maid be King James the thride in his Parliament halden at Edinburgh the xxiiij of Fcbruar I m iiijc Ixxxiij yeiris, and all vtheris actis quhairby the Paipis auctoritie is establishit. The xlvij act of King James the thride in his Parliament halden at Edinburgh the [xx. day of November 1 m liijc Ixix] yeiris, Anent the Satterday and vther vigillis to be nally daycs from evin sang to evin sang. Item, That pairt of the xxxj act maid be the Queue Regent in the Parliament halden at Edinburgh the first day of Februar I ni \^ li yeris, geving speciall licence for haldin of Pashe and Yule. Item, The Kingis Maiestie and Estaittis foirsaidis declairis that the secund act of the Parliament halden at Edinburgh the xxij dayof Maij, the yeirofGodlmv^ Ixxxiiij yeiris, sail na waycs be preiudiciall nor derogat any thing to SCOTS PARLIAMENT. . 41 the priuilege that God hes gevin to the spirituall office beraris in the kirk, concerning headi^ of religioun, materis of heresie, excommunication, coUatioun, or depriuation of ministeris, or ony sic essentiall censouris, speciall groundit and havand warrand of the word of Gode. Item, Oure said Souerane Lorde and Estaittis of Parliament foirsaidis, abrogates, cassis, and annullis the xx act of the same Parliament halden at Edinburgh the said yeir I m v^ Ixxxiiij yieris, granting com- missioun to Bishoppis and vtheris iuges constitute in ecclesias- tical! causses to ressaue his Hienes presentation to benefices, to gif collatioun thairvpon, and to put ordour in all causses eccle- siasticall, quhilk his Maiestie and Estaittis foirsaidis declairis to be expyrit in the self and to be null in tyme cuming, and of nane availl, force nor effect. And thairfoir ordanis all presen- tatiounis to benefices to be direct to the particular Presbiteries in all tyme cuming, with full power to thame to giff collationis thairvpon, and to put ordour to all materis and caussis eccle- siasticall within tnair boundis, according to the discipline of the kirk. Providing the foirsaidis Presbiteries be bund and astrictit to ressaue and admitt quhatsumeuir qualifiet minister presentit be his Maiestie or vther laic patrounes." — [Acts of the Parliament of Scotland, edit. 1814, vol. iii. pp. 541-2.) After the abolition of Episcopacy in 1640, there is a " Rati~ ficatioune of the Actis of the Assemblie."* " The Estaittis of Parliament presentlie convened be his Majesteis speciall authoritie, ratifies, approves and perpetuallie confirmes the act of the Generall Assemblie haldin at Edin- burgh in the moneth of August last bypast, maid vpon the sevintent day of the said moneth, and in the eight sessioune of the said Assemblie, intituled Anent the sex Caussis of our by- gane evillis, quhairof the tennour followis. The Kings Ma- jesty haveing gratiouslie declared that it is his royall will and pleasour, that all questions about religion and maters ecclesi- asticall be determined be assemblies of the kirk, haveing also by publict proclamation indicted this free Nationall Assemblie for setling the present distraction of this kirk, and for esta- blishing a perfite peace against such divisions and disorders as have bene sore displeasing to his Majesty, and grevous to all * Acts, vol. V. p. 291. B 42 ACTS OF THE his goode subjects. And now his Majesties commissioner, Johne Erie of Traquair, instructed and authorized with a full commission, being present and sitting in this Assemblie now fullie conveind and ordourlie constitute in all the members thareof. According to the order of this kirk, haveing at large declared his Majestys zeall to the reformed religion, and his royall cair and tender affection to this kirk, wher his Majesty had both his birth and baptisme, his great displeasour at the manifold distractions and divisions of this kirk and kingdome, and his desires to have all our wounds perfitely cured with a fair and fatherlie hand. And altho in the way approvin be this kirk, tryall hath bene takin in former assemblies before from the kirk registers to our full satisfaction ; yet the Com- missioners Grace making particular inquirie from the members of the Assemblie now solemnlie conveind, concerning the reall and true causes of so manie and great evills as this tyme past had so sore troubled the peace of this kirk and kingdome, it was represented to his Majesteis Commissioner be this As- semblie, that beside manie other, the maine and most materiall causes wer first the pressing of this kirk by the Prelats with a Ser\'ice Booke, or Booke of Commoun Prayer, without war- rant or direction from the kirk, and containing besyde the Popish frame therof, diverss Popish errors and ceremonies, and the seeds of manifold gross superstitions and idolatrie, with a Booke of Canons, without warrant or direction from the Generall Assemblie, establishing a tyrranicall power ovir the kirk in the persons of the Bishops, and overthrowing the whole discipline and governement of the kirk by assemblies, with a booke of consecration and ordination without warrant of auctoritie, civill or eeclesiasticall, appointing offices in the hous of God which ar not warranted be the word of God, and [are] repugnant to the discipline and acts of our kirk, and with the hie commission erected, without the consent of this kirk, subverting the jurisdiction and ordinarie judicatories of this kirk, and giving to persons meerlie eeclesiasticall the power of both swords, and to persons meerlie civill the power of the keyes and kirk censures. A second cause was the Articles of Perth, viz. the observation of festivall dayes, kneeling at the communion, confirmation, administration of the sacraments in private places, which wer brought in by a null assemblie, and ar contrarie to the Confession of Faith as it wes meant and subscryvit anno 1580, and diverss tymes since, and to the order and constitution of this kirk. Thridlie, SCOTS PARLIAMENT. 43 the change of the governement of the kirk from the assemblies of the kirk to the persons of some kirkmen vsurping prioritie and power ovir their brethren, by the way and vnder the name of Episcopall governement, against the Confession of Faith ] 580 ; against the order sett doune in the booke of po- licie, and against the intention and constitution's of this kirk from the beginning. Fourtlie, the civill places and power of kirkmen, ther sitting in Session, Counsall, and Exchequer ; ther ryding, sitting and voteing in Parliament, and ther sitting in the bench as Justices of the Peace, which, according to the constitutions of this kirk ar incompatible with their spirituall function, lift them vp above ther brethrene in worldlie pompe, and doe tend to the hinderance of the minis- terie. Fyfthe, the keeping and authorizing corrupt Assem- blies at Linlithgow 1606, 1608 : at Glasgow 1610 ; At Aber- dene 1616 ; at St. Andrews 1617, at Perth 1618, which ar null and vnlawfull, as being callit and constitute quyte con- trair to the order and constitutions of this kirk, receaved and practized ever since the Reformation of religion, and with all labouring to introduce novations into this kirk against the or- dour and religion established. A sixt cause is the want of lawfull and free General Assemblies, rightlie constitute of pastors, doctors, and elders, yearlie or oftner, pro re nata. ac- cording to the libertie of this kirk, expressed in the book of policie, and acknowledged in the act of Parliament 1592. After which the whole Assemblie, in one hearte and voyce, did declair that these and such other proceeding, from the ne- glect and breach of the Nationall Covenant of this kirke and kingdome, made anno 1580, have bene indeed the true and maine causes of all our evills and distractions ; and therfor ordaine, according to the constitutions of the Generall Assem- blies of this kirk, and vpon the grounds respective above spe- cifeit, that the foirsaid service booke, bookes of canons and or- dination, and the high commission be still rejected ; that the articles of Perth be no more practised ; that Episcopall go- vernement, the civill places and power of kirkmen, be holdin still as vnlawfull in this kirk ; that the abovenameit pretendit assemblies at Linlithgow 1606, 1608; at Glasgow 1610; at Aberdene 1616 ; at St. Andrews 1617 ; at Perth 1618, be heirefter accounted as null and of none effect, and that for preservation of religion, and preventing all such evills in tyme coming, Generall Assemblies, rightlie constitute as the propper and competent judge of all maters ecclesiasticall, heirefter be 44 ACTS OF THE keeped yeirlie and oftner, pro re nata, as occasion and neces- sitie sail require. The necessitie of these occasionall Assem- blies being first remonstrat to his Majesty by humble suppli- cation ; as also that Kirk Sessions, Presbyteries, and Synodall Assemblies be constitute and observed according to the order of this kirk. Which act, with all and sindrie the particular heidis, claussis and articles thairin contained, the Estaittis now convened be his Majesteis indictione, warrand and au- thoritie forsaid, ratifies, approves and confirmes in all pointis in maner as the same proportis. And gevis thairvnto the strenth of ane law and act of Parliament. And ordainis exe- cutioune to pass thairvpon as eficiris. And rescinds, cassis and annullis all actis and decreitts of Parliament and Coun- sale, formerlie maid contrair and in prejudice of the said act, or any pairt thairof. " Act anent the Ratificatioune of the Covenant, and of the As- semblies siipplicatioun, Act of Counsall, and Act of Assemblie concerning the Covenant. *' The Estaites of Parliament presentlie conveined be his Majesteis spcciall authoritie, considdering the supplicatioune of the General Assemblie at Edinburgh the 12th of August 1639, to his Majesteis Honourable Privy Counsall, and the act of the Counsall the 30th of August 1639, conteining the ansuer of the said supplicatioune ; and the act of the said Ge- nerall Assemblie, ordaneing by thair ecclesiasticall constitu- tioune, the subscriptioune of the Confession of Faith and Cove- nant mentionat in thair supplicatioune. And withall haveing supplicated his Majestic to ratifie and injoyne the samene by his royall authoritie vnder all civill panes, as tending to the glorie of God, preservatioune of religion, the Kingis Majesteis honour and the perfyte peace of this kirk and kingdome, doe ratifie and approve the said supplicatioune, act of counsall and act of assemblie. And conform thairto, ordanis and com- mandis the said confession and covenant to be subscryved be all his Majesteis subjects of what rank and qualitie soeuer, vnder all civill panes. And ordanis the said supplicatioune, act of counsall and act of the assemblie, with the naill confes- sion and covenant it selfe, to be insert and registrat in the actis and bookis of Parliament. And also ordanis the samene to be presented at the entrie of euerie Parliament, and before SCOTS PARLIAMENT. 45 they proceid to anie vther act. That the same be publictlie red and sworne be the haill meraberis of Parliament clameing; voyce thairin, vtherwayis the refuseris to subscryve and sweir the same sail haue no place nor voyce in Parliament. And siclyik ordanis all judges, magistratis and otheris officiaris of quhatsumeuer place, rank or qualitie, and ministeris at thair entrie, to swear and subscryve the samene covenant, quhairof and of the said supplicatioun, act of counsall and act of the as- semblie, the tennour followis. " The Supplication of the Generall Assembly convened at Edinburgh the \2th of August 1639, to his Majesties High Commissioner, and the Lords of his Majesties Honourable Privie Councell. ** Wee the Generall Assembly considering, with all hum- ble and thankfuU acknowledgement, the many recent favours bestowed upon us by his Majestic, and that there resteth nothing for crowning of his Majesteis incomparable goodness towards us, but that all the members of this kirk and king- dome be joyned in one, and the same confession and covenant with God, with the King's Majestic and amongst our selves ; and conceiving the main lett and impediment to this so good a work, and so much wished by all, to have been the infor- mations made to his Majestic of our intentions to shake off civill and duetifull obedience due to the Soveraignty, and to diminish the Kings greatnes and authoritie, and being most willing and desirous to remove this and all such impediments which may hinder and impede to full and perfect an union, and for clearing of our loyaltie ; wee in our own names, and in name of all the rest of the subjects and congregations whom we represent, do now in all humility represent to your Grace his Majesteis Commissioner, and the Lords of his Ma- jesteis most honourable Privie Councell, and declares before God and the world, that we never had nor have any thought of withdrawing our selves from that humble and duetiful obedience to his Majestic and to his government, which by the descent and under the reigne of 107 kings is most chear- fuUy acknowledged by us and our predecessours, and that we never had nor have any intention nor desire to attempt any thing that may tend to the dishonour of God or the diminu- tion of the Kings greatnesse and authoritie. But on the con- 46 ACTS or THE trarie, acknowledging our quietnes, stabilitie and happines to depend upon the safety of the Kings ^lajesties person, and maintenance of his greatnes and royall authoritie who is Gods vice-gerent set over us for the maintenance of religion and ministration of justice. Wee have solemnly sworn and do sweare, not only our mutuall concurrence and assistance for the cause of religion, and to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne, his person and authority in the preservation and defence of the true religion, liberties and lawes of this kirk and kingdome, but also in every cause which may concerne his Majesties honour, shall, according to the lawes of this kingdome and the duties of good subjects, concurre with our friends and followers in quiet manner or in armes as we shall be required of his Majestie, his councell or any having his au- thority. And therefore being most desirous to cleare our selves of all imputation of this kinde, and following the laud- able example of our predecessours 1589, do most humbly sup- plicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privie Councell, to injoyn by act of councell that this confession and covenant, "which as a testimonie of our fidelitie to God and loyal tie to our King, we have subscribed, be subscribed by all his Majesties sub- jects of what rank and quality soeuer. '' The Act of his Majesties most Honourable Privie, Councell at Edinburgh, August 30, anno 1639, containing the An- swer of the Supplicatiop^ above ivritten. " The which day, in presence of the Lord Commissioner and Lords of Privie Councell, compeired personally John Earle of Rothes, James Earle of Montrose, John Lord Lowdoun, Sir George Stirling of Keir, knight, Sir William Douglas of Ca- vers, knight, Sir Henry Wood of Bony toun, knight, John Smyth burgesse of Edinburgh, Mr Eobert Barclay provest of Irwing, Mr Alexander Henderson minister at Edinburgh, and Mr Ar- chibald Johnstone clerk to the Generall Assembly, and in the name of the present sitting Generall Assembly, gave in to the Lord Commissioner, and Lords of Privie Councell, the petition above wri ten, which being read, heard, and considered by the saids Lords, they have ordained and ordain the same to be insert and registrate in the bookes of Privie Councell, and according to the desire thereof ordaines the said confes- SCOTS PARLIAMENT. sion and covenant to be subscribed in tyme comming by all his Majesties subjects of this kingdome of what rank and quality soever." " The Act of the Generall Assembly ordaining hy Ecclesiasti- call Authoritie the Subscription of the Confeision of Faith and Covenant. " The Generall Assembly considering the great happinesse which may flow from a full and perfect union of this kirk and kingdome, by joyning of all in one and the same covenant with God, with the King's Majestic, and amongst our selves, having, by our great oath, declared the uprightnes and loyalty of our intentions in all our proceedings, and having withall supplicated his Majesties High Commissioner, and the Lords of his Majesties honourable Privie Councell, to in- joyne, by act of councell, all the lieges in tyme comming to subscribe the Confession of Faith and Covenant, which, as a testimony of our fidelity to God and loyaltie to our King, we have subscribed. And seeing his Majesties High Commis- sioner, and the Lords of his Majesties honourable Pri^ne Coun- cell, have granted the desire of our supplication, ordaining by civill authoritie all his Majesties lieges in tyme comming to subscrybe the foresaid covenant, that our union may be more full and perfect, we, by our act and constitution ecclesiasticall, doe approve the foresaid covenant in all the heads and clauses thereof, and ordaines of new, under all ecclesiasticall censure, that all the masters of universities, colledges, and schooles, all schoollers at the passing of their degrees, all persons sus- pect of Papistry, or any other errour, and finally all the mem- bers of this kirk and kingdome subscribe the same, with these words prefixed to their subscription : The article of this covenant which was at the first subscription referred to the determination of the Generall Assembly being determined ; and thereby the five articles of Perth, the government of the kirk by bishops, the civill places and power of kirkemen upon the reasons and grounds contained in the Acts of the Generall Assembly declared to be unlawfull within this kirk, we subscribe according to the determination foresaid ; and ordaines the covenant, with this declaration, to be insert in the registers of the Asssemblies of this kirk, generall, pro- vinciall, and presbyteriall, ad perpetuam rei mem&riam ; and 48 ACTS OF THE in all humility supplicates his Majesties HiiGjh Commissioner, and the honourable Estates of Parliament, by their authority to ratifie and injoyne the same, under all civill paines, which will tend to the glory of God, preservation of religion, the King's Majesties honour, and perfect peace of this kirk and kingdome." — Acts of the Parliaments of Scotland, edit. 1817, vol. V. pp. 292—294. We now come to the period of the Revolution, 1689, when there was an " Act abolishing Prelacie.^' " Wheras the Estates of this kingdome, in their claime of right of the eleavinth of Apryll last, declaired, that Prelacie and the superioritie of any office in the church above Presby- ters, is and hath been a greate and unsupportable greiveance to this nation, and contrair to the inclinationes of the gene- ralitie of the people ever since the Reformation ; they haveing reformed from Poperie by Presbyters, and therfor ought „to be abolished, our Soveraigne Lord and Lady, the King and (Queen's Majesties, with advyce and consent of the Estates|of Parliament, doe heirby abolish Prelacie, and all superioritie of any office in the church in this kingdome above Presby- ters ; and hereby rescinds, casses, and annulls the first act of the second session of the first Parliament of King Charles the second, and all other statutes and constitutiones, in so farr allennerly as they are inconsistent with this act ; and doe establish Prelacie, or the superioritie of church officers, above Presbiters. And the King and Queen's Majesties doe de- claire, that they, with advyce and consent of the Estates of this Parliament, will settle by law that church government in this kingdome which is most agreeable to the inclinationes of the people." — [Acts of the Parliament oj Scotland, edit. 1822, vol. ix., p. 104.) The Claim of Right here referred to is of the following tenor: — " The Declaration of the Estates of the Kingdom of Scotland, containing the Claim of Right, and the offer of the Crown to their Majesties King William and Queen Mary. — April 11, 1689.-* *' Whereas, King James VI L being a profest Papist, did * An abstract of the Claim of Right is deemed sufficient in this place. SCOTS PAELIAMENT. 49 assume the regal power, and acted as King without ever taking the oath required by law, whereby the King at his accession to the government is obliged to swear to maintain the Protestant religion ;" — " and, in a public proclamation, asserted an absolute power to cass, annul, and disable all the laws, particularly arraigning the laws establishing the Pro- testant religion, and did exercise the power to the subversion of the Protestant religion, and to the violation of the laws and liberties of the kingdom, (inter alia,) by erecting public schools and societies of the Jesuits, &c., making great fonds and dotations to Popish schools and colleges abroad, bestow- ing pensions upon priests, and perverting Protestants from their religion, by offers of places, preferments, and pensions ; by disarming Protestants, while, at the same time, he em- ployed Papists in the places of the greatest trust, civil and military, such as Chancellor, Secretaries, Privy-counsellors, and Lords of Session, — thrusting out Protestants to make room for Papists, and entrusting the forts and magazines of the kingdom in their hands,— all which are utterly and directly contrary to the known laws, statutes, and freedoms of this realm : Therefore, the Estates of the kingdom of Scotland, Find and Declare, that King James VII. being a profest Papist, did assume the regal power, and acted as King, without ever taking the oath required by law ; and hath, by the advice of evil and wicked counsellors, invaded the fundamental constitution of the kingdom, and altered it, from a legal limited monarchy, to an arbitrary despotic power, and hath exercised the same to the subversion of the Protestant religion and the violation of the laws and liberties of the kingdom, inverting all the ends of government, where- by he hath forefaulted the right to the crown — and the throne is become vacant." The Estates " do, in the first place, as their ancestors in the like cases have usually done, for the vindicating and asserting their ancient rights and liberties. Declare, " That, by the law of this kingdom, no Papist can be King or Queen of this realm, nor bear any office whatever therein ; nor can any Protestant successor exercise the regal power until he or she swear the coronation oath."* * Acts, vol. ix. p. 38. 50 ACTS OF THE The Declaration and Claim of Right was followed on the 7th June 1690 by an " Act ratifying the Confession of Faith, and settling Presbyterian Church -Government."* " Our Soveraigne Lord and Lady, the King and Queen's Majesties, and three Estates of Parliament, conceiving it to be their bound duty, after the great deliverance that God hath lately wrought for this church and kingdom ; in the first place to settle and secure therein the true Protestant re- ligion, according to the truth of God's Word, as it hath of a long time been professed within this land : And also the go- vernment of Christ's church within this nation, agreeable to the word of God, and most conducive to the advancement of true piety and godliness, and the establishing of peace and tranquillity within this realme ; and that by an article of the claim of right it is declared. That Prelacy, and the superio- rity of any office in the church above Presbyters, is and hath been a great and unsupportable grievance and trouble to this nation, and contrary to the inclinations of the generality of the people ever since the Reformation, (they having reformed from Popery by Presbyters,) and therefore ought to be abo- lished ; likeas by an act of the last session of this Parliament, Prelacy is abolished. " Therefore their Majesties, with advice and consent of the said three Estates, do hereby revive, ratify, and perpetually confirm, all laws, statutes, and acts of Parliament, made against Popery and Papists, and for the maintenance and preservation of the true reformed Protestant religion, and for the true church of Christ within this kingdom, in so far as they confirm the same, or are made in favours thereof. Like- as, they by these presents ratify and establish the Confession of Faith, now read in their presence, and voted and approven, as the publick and avowed confession of this church, contain- ing the sura and substance of the doctrine of the reformed churches. " As also they doe establish, ratifie and confirm the Pres- byterian church government and discipline ; that is to say, the government of the church by Kirk-Sessions, Presbyteries, Provincial Synods, and General Assemblies, ratified and es- tablished by the 114 Act, Ja. VI. Pari. 12. Anno 1592, en- tituled, Ratification of the Liberty of the trew Kirk, &c. and * Acts, vol. ix. p. 103. SCOTS PARLIAMENT. 51 thereafter received, by the general consent of this nation, to be the only government of Christ's church within this king- dom ; reviving, renewing, and confirming the foresaid act of Parliament, except that part of it relating to patronages, which is hereafter to be taken into consideration," &c. Act for settling the Quiet and Peace of the Church. " Our Sovereign Lord and Lady, the King and Queen's Majesties, with advice and consent of the Estates of Parlia- ment, ratify, approve, and perpetually confirm the fifth act of the second session of this current Parliament, entituled. Act ratifying the Confession of Faith and settling Presbyterian Church-government in the whole heads, articles and clauses thereof. " And do further statute and ordain. That no person be admitted, or continued for hereafter, to be a minister or preacher within this church unless that he — subscribe the Confession of Faith ratified in the foresaid fifth act of the second session of this Parliament, delaring the same to be the Confession of his Faith, and that he owns the doctrine there- in-contained, to be the true doctrine which he will constantly adhere to: And likewise that he owns and acknow- ledges Presbyterian church-government, as settled by the foresaid fifth act of the second session of this Parliament, to be the only government of this church, and that he will sub- mit thereto, and concur therewith, and never endeavour, di- rectly or indirectly, the prejudice or subversion thereof. '* And their Majesties with advice and consent foresaid, statute and ordain. That uniformity of worship, and of the ad- minstration of publick ordinances within this church, be ob- served by all the said ministers and preachers, as the samen are at present performed, and allowed therein, or shall be hereafter declared by the authority of the same : And that no minister or preacher be admitted or continued for here- after, unless that he subscribe to observe, and do actually ob- serve the foresaid uniformity.''^ These are the chief public laws of the land, by which the Presbyterian church of Scotland has been established in this * William & Mary, Pari. 1. Sess. 4. Act 23. 52 ACTS OF THE portion of the British empire. It seems unnecessary to load this epitome with any details of the several statutes by which Episcopacy was for a time restorsd in the reigns of King James VI. and at the restoration of Charles II. as these were all abrogated at the revolution. And, in order to complete the series, it seems only necessary to subjoin such extracts from the statutes as were passed at the time of the union with England in 1707, by which the Scottish church was finally declared to be the established form of church government in Scotland. In the Scottish act of Parliament ratifying the Articles of Union, 16th Jan. 1707, the preamble bears : " And siclike her Majesty with advice and consent of the Estates of Parlia- ment, resolving to establish the Protestant religion and Presby- terian church government within this kingdom, has past in this session of Parliament an act intituled, Act for securing of the Protestant religion and Presbyterian church government, which by the tenor thereof is appointed to be insert in any act ratifying the treaty, and expressly declared to be a funda- mental and essential condition of the said treaty of union in all time coming." This act for securing the Presbyterian church government is in these terms : — " Our Sovereign Lady and the Estates of Parliament considering, that by the late act of Parliament for a treaty with England for an union of both kingdoms, it is provided that the Commissioners for that treaty should not treat of or concerning any alteration of the worship, disci- pline, and government of the church of this kingdom as now by law established, — which treaty being now reported to the Parliament, and it being reasonable and necessary that the true Protestant rehgion as presently professed within this kingdom, with the worship, discipline, and government of this church, should be effectually and unalterably secured : There- fore her Majesty, with advice and consent of the said Estates of Parliament, doth hereby establish and con- firm the said true Protestant religion, and the worship, discipline, and government of this church, to continue without any alteration to the people of this land in all succeeding generations — and more especially her Majesty with advice and consent foresaid, ratifies, approves, and for ever confirms SCOTS PARLIAMENT. 53 the 5th act of the 1st Parliament of King William and Queen Mary, intituled, ' Act ratifying the Confession of Faith and settling Presbyterian church government, with the haill other acts of Parliament relating thereto, in prosecution of the de- claration of the estates of this kingdom, containing the claim of right bearing date 11th April 1689 — and her Majesty, with advice and consent foresaid, expressly provides and declares that the foresaid true Protestant religion, &c. all established by the foresaid acts of Parliament, pursuant to the claim of right, shall remain and continue unalterable ; — and further provides, that the colleges shall continue forever Protestant, &c. And further, her Majesty, with advice foresaid, ex- pressly declares and statutes, that none of the subjects of this kingdom shall be liable to, but all and every one of them for- ever free of any oath, test, or subscription within this king- dom, contrary to or inconsistent with the foresaid true Pro- testant religion," &c. (Then follows the provision for the Coronation oath.) " And it is hereby statuted and ordained, that this act of Parliament, with the establishment therein contained, shall be held and observed in all time coming as a fundamental and essential condition of any treaty or union to be concluded be- twixt the two kingdoms, without any alteration thereof or de- rogation thereto, in any sort, forever. — As also, that this act of Parliament and settlement therein contained shall be insert and repeated in any act of Parliament that shall pass for agreeing and concluding the foresaid treaty of union betwixt the two kingdoms ; and that the samin shall be therein ex- pressly declared to be a fundamental and essential condition of the said treaty of union in all time coming. Which Ar- ticles of Union and act immediately above written, her Ma- jesty, with advice and consent foresaid, statutes, enacts, and ordains to be and continue in all time coming, the sure and perpetual foundation of an complete and entire union of the two kingdoms of Scotland and England ; under this express provision and condition, that the approbation and ratification of the foresaid articles and act shall be no ways binding on this kingdom, until the said articles and act be ratified, appro- ven, and confirmed by her Majesty, with and by the authority of the Parliament of England." By an act of the English Parliament ratifying the Union, 54 ACTS OF THE SCOTS PARLIAMENT. these acts of the Scottish Parliament are forever ratified, ap- proved, and confirmed — and all, and every the matters and things therein contained, and the act for securing the church of Scotland, shall ** forever he held and adjudged to be and observed as fundamental and essential conditions of the said Union, and shall in all times coming be taken to be, and are hereby declared to be essential and fundamental parts of the said Articles of Union," &c. THE FIRST BOOK OF DISCIPLINE, OR THE POLICIE AND DISCIPLINE OF THE CHURCH; DRAWN UP BY MR. JOHN WINEAM, MR. JOHN SPOTTISWOOD, JOHN WILLOCK, MR. JOHN DOUGLASSE, MR. JOHN ROW, AND JOHN KNOX, AND Presented to the Nobilitie anno 1 560, and afterwards m Subscribed by the Kirk and Lords. ExoD. XXV. 9. " According to all that I shew thee, both after the fashion of the taberuacle, and after the fashion of all the ornaments thereof, even so shall ye make it." BOOKS OF DISCIPLINE. Previously to the legal establishment of the Protestant religion in 1560, the Book of Common Order used by the English Church at Geneva was generally followed as the rule of worship and discipline by the Scots Reformers ; but that being found inadequate to the regu- lation of a church consisting of numerous congregations, a Book of Discipline, adapted to the state of the Church, was soon after that event urged upon the Parliament as a necessary accompaniment to the legal institution of the National Church. Parliament, however, was dissolved without any thing being done on this subject. But the reformed clergy persevered, and the Privy Council. were induced to grant a commission to five ministers to frame such a standard of ec- clesiastical government. When they had completed their task on 29th May 1560, the " Book of Policy ^ or " First Booh of Discipline " was submitted to the General Assembly, by whom it was approved ; and though not formally ratified by the Council, it was subscribed by a great portion of the members. Many of them, however, were op- posed to it ; and by some it was stigmatized as a " devout imagina- tion." The First Book of Discipline, therefore, though thus sanc- tioned by the church, was never formally and fully approved by the civil authorities. After many commissions and conferences, with a view to the set- tlement of the discipline of the church, it was finally agreed on by the General Assembly in 1581, and registered in the Acts of the Kirk. The Confession of Faith, which had received the sanction of the civil government, was also declared to be the Confession of the Professors of the Reformed Doctrines of the Churcli of Scotland. THE FIRST BOOK OF DISCIPLINE.* To the great Councell of Scotland now admitted to the Regi- ment, by the providence of God, and by the common con- sent of the Estates thereof, your honours humble Servitors and Ministers of Christ Jesus within the same, wish grace, mercy, and peace from God the Father of our Lord Jesus Christ, with the perpetual increase of the Holy Spirit. From your honours we received a charge dated at Edin- burgh the 29th of April, in the yeare of our Lord 1560, re- quiring and commanding us, in the name of the Eternall God, as we will answer in his presence, to commit to writing, and in a book deliver to your wisedoms our judgments touching the reformation of religion which heretofore in this realme (as in others) hath been utterly corrupted ; upon the receipt where- of (so many of us as were in this towne) did convene, and in unitie of minde doe oflfer unto your wisedome these subse- quents for common order and uniformitie to be observed in this realme concerning doctrine, administration of sacraments, election of ministers, provision for their sustentation, ecclesi- astical discipline, and policie of the church ; most humbly re- quiring your honours, that as you look for participation with Christ Jesus, that neither ye admit any thing which God's plain word shall not approve, neither yet that ye shall reject such ordinances as equitie, justice, and God's word do speci- fic : For as we will not bind your wisedoms to our judgments, * This edition of the First Book of Discipline is conformable to the edition printed anno 1621; the typographical errors are corrected; some words, which probably have been omitted by the printer, are sup- plied from other copies, but they are printed within brackets ; and a few Tarious readings are printed on the foot margin. 58 FIRST BOOK OF further then we are able to prove by God's plain Scriptures ; so must we most humbly crave of you, even as ye will an- swer in God's presence (before whom both ye and we must appeare to render accounts of all our facts) that ye repudiate nothing for pleasure and affection of men, which ye be not able to improve by God's written and revealed word. CHAP. I. 2V .V money. DISCIPLINE. 69 members of the commonwealth ; and the same we require of their daughters, to ivit, that they be vertuously brought up, and honestly doted when they come to maturity of years, at the discretion of the kirk. And this, in God's presence we wit- nesse, we require not so much for our selves, or for any that appertaine to us, as that we do it for the increase of vertue and learning, and for the profite of the posterity to come ; [for] it is not to be supposed that any man will dedicate him- selfe and his children so to God and to his kirk, that they look for no worldly commodity ; but this cankered nature which we beare, is provoked to follow vertue when it seeth profite and honour thereto annexed ; and contrarily, then is vertue by many despised when vertuous and godly men are without honour ; and sorry would we be that poverty should dis- courage men from studie, and following of the way of vertue, by which they might edifie the kirk and flock of Christ Jesus. • 5.- Nothing have we spoken of the stipend of readers, be- cause if they can do nothing but reade, they neither can be called nor judged true ministers, and yet regard must be had to their labours ; but so that they may be spurred forward to vertue, and not by any stipend appointed for their reading to be retained in that estate. To a reader therefore that is newly entred, fourty merkes, or more or lesse, as parishioners and readers can agree, is sufficient : Provided that he teach the children of the parish, which he must doe, besides the reading of the common prayers,* and bookes of the Old and New Testament. If from reading he begin to exhort and ex- plain the Scriptures, then ought his stipend to be augmented, till finally he come to the honour of a minister : But if he be found unable after two yeares, then must he be removed from that office, and discharged of all stipend, that another may be proved as long ; for this alwaies is to be avoided, that none who is judged unable to come at any time to some reasonable knowledge, whereby he may edifie the kirk, shall be perpetu- ally susteined upon the charge of the kirk. Farther it must be avoided, that no child, nor person within age, that is, within twentie one yeares of age, be admitted to the office of a reader but readers ought to be endued with gravity and discretion, lest by their lightnesse the prayers or Scriptures read be of lesse price or estimation. It is to be noted that the reader be * That is, the prayers which were printed with the Psalm Book. 70 FIRST BOOK OF put in the kirk by the admission of the superintendent. The other sort of readers, who have long continued in [the course of] godliness, and have some gift of exhortation, -who are of hope to attain to the degree of a minister, and [who] teach the children ; we think an hundred merkes, or more or lesse at the discretion of the kirk, may be appointed ; so that difference be made, as said is, betwixt them and the mi- nisters that openly preaches the word and ministers the sacra- ments. 6. Rests yet two sorts of people to be provided for upon that which is called the patrimony of the kirk, to tvit, the poore, and teachers of the youthhead. Every several kirk must provide for the poore within it self; for fearful and hor- rible it is, that the poore, whom not onely God the Father in his law, but Christ Jesus in his Evangel, and the Holy Spirit speaking by St. Paul hath so earnestly commended to our care, are universally so contemned and despised. We are not patrons for stubborne and idle beggars, who, running from place to place, make a craft of their begging, whom the civill magistrate ought to [compel to work, or then] punish : But for the widow and fatherlesse, the aged, impotent or lam€d, who neither can nor may travell for their sustentation, we say that God commands his people to be careful ; and therefore for such, as also for persons of honestie fallen into decay and poverty, ought such provision to be made, that of our abound- ance their indigence may be relieved. How this most con- veniently and most easilie may be done in every citie, and other parts of this realme, God will shew you wisdome and the meanes, so that your mindes be godly inclined thereto. All must not be suffered to beg that gladly would so doe, nei- ther yet must beggars remain where they would, but the stout and strong beggars must be compelled to worke ; and every person that may not worke, must be compelled to repair to the place where he or she was borne, unlesse of long continu- ance they have remained in one place ; and there reasonable provision must be made for [their] sustentation, as the kirk shall appoint. The order nor summes, in our judgements, cannot particularly be appointed, until such times as the poore of every citie, town and parish be compelled to repaire to the places where they were borne, or of their residence, where their names and number must be taken and put in roll;, and tlien may the wisdome of the kirk appoint stipends ac- cordingly. DISCIPLINE. 71 CHAP. VI. I. The Head of the Superintendents. 1. Because we have appointed a larger stipend to them that shall be superintendents than to the rest of the ministers ; we have thought good to signifie to your honours, such reasons as moved us to make difference betwixt preachers at this time ; as also how many superintendents we think ne- cessarie, with their bounds, office, [the manner of their] elec- tion, and [the] causes that may deserve deposition from that charge. 2. We consider that if the ministers whom God hath en- dowed with his singular graces amongst us, should be ap- pointed to severall places there to make their continuall resi- dence, that then the greatest part of the realme should be des- titute of all doctrine ; which should not onely be the occasion of great murmur, but also be dangerous to the salvation of many. And therefore we have thought it a thing most ex- pedient at this time, that from the whole number of godly and learned men, now presently in this realme, be selected ten or twelve, (for in so many provinces we have divided the whole,) to whom charge and commandement should be given to plant and erect kirkes, to set, order, and appoint ministers as the former order prescribes, to the countries that shall be appointed to their care where none are now ; and by their meanes, your love and common care over all [the] inhabitants of this realme, to whom you are equally debtors, shall evidently appear ; as also the simple and ignorant, who perchance have never heard Jesus Christ truely preached, shall come to some knowledge, by the which many that are dead in superstition and ignor- ance shall attaine to some feeling of godlinesse, by the which they may be provoked to search and seek farther knowledge of God, and his true religion and worshipping ; whereas bj"- the contrary, if they shall be neglected, then shall they not onely grudge, but also seeke the meanes whereby they may continue in their blindness, or return to their accustomed idolatry. And therefore nothing we desire more earnestly, than that Christ Jesus be universally once preached through- out this realme, which shall not suddenly be, unlesse that by 72 FIRST BOOK OF you, men be appointed and compelled, faithfully to travel! in such provinces as to them shall be assigned. 11. The names of the places of residence, and severall Dio- cesses of the Superintendents. 1. In primis, the superintendent of Orknay, whose dio- cesse shall comprehend the isles of [Orknay and] Zet- land, with Cathnes and Stranaver, his residence to be in Kirkwall. 2. The superintendent of Rosse, whose diocesse shall com- prehend Rosse, Sutherland, Murray, with the North Isles of Skie and Lewes, with the adjacents, his residence to be in the chanonrie of Rosse. 3. The superintendent of Argyle, whose diocesse shall comprehend Argyle, Kyntyre, Lorn, the South Isles, Arran, and Buite, with their adjacents, with [the countrey of] Loch- whaber, his residence to be in Argyle. 4. The superintendent of Aberdene, whose diocesse is be- twixt Dee and Spay, conteining the shirefdoms of Aberdene and Bamfe, whose residence shall be in Old Aberdene. 5. The superintendent of Brechen, whose diocesse shall be the whole shirefdoms of the Merns and Angus, and the Brae of Mar to Dee, his residence to be in Brechen. 6. The superintendent of Fife, [whose diocesse shall be Fife,] and Fotherinhame to Stirling, and the whole sherifdome of Perth, his residence to be in Saint Androes. 7. The superintendent of Edinburgh, whose diocesse shall comprehend the whole sherifdoms of Lowthian, and Stirling on the south side of the water of Forth, his residence to be in Edinburgh. 8- The superintendent of Jedburgh, whose diocesse shall comprehend the whole Tivitdail, Tweeddale, Liddisdail, and thereto is added by consent of the whole kirk* the Mersc, Lawderdaill, and Weddaill, with the Forrest of Ettrick, his residence to be in Jedburgh. 9. The superintendent of Glasgow, whose diocesse shall comprehend Clidsdaill, Renfrew, Menteth, Lennox, Kyle, and Cunninghame, his residence to be in Glasgow. 10. The superintendent of Dumfries, whose diocesse shall * This seems to have been done after the first division. For in some copies the ilerse, Lawderdaill, and Stow of Tweeddail are in the dioccss of Edinburgh. DISCIPLINE. 73 comprehend Galloway, Carrik, Nithsdail, Anandaile, -vrith the rest of the Dailes in the West, his residence to be in Dum- friese. 4. Those men must not be suffered to live as your idle bishops have done heretofore, neither must they remaine where gladly they would ; but they must be preachers them- selves, and such as may not make long residence in any place till their kirks be planted and provided of ministers, or at least of readers. Charge must be given to them that they remain in no place above twenty daies in their visitation, till they have passed through their whole bounds. They must thrice everie week preach at the least, and when they returne to their principall town and residence, they must be likewise exercised in preaching and edification of the kirk ; and yet they must not be suffered to continue there so long, that they may seem to neglect their other kirks : But after they have remained in their chiefe towne three or foure moneths at most, they shall be compelled (unlesse by sicknesse they be re- tained) to re-enter in visitation, in which they shall not onely preach, but also examine the life, diligence, and behaviour of the ministers ; as also the order of the kirkes [and] the man- ners of the people. They must further consider how the poore be provided, how the youth be instructed : They must admonish where admonition needeth, and dresse such things as by good counsell they be able to be appease. And finally, they must note such crimes as be heynous, that by the cen- sure of the kirk the same may be corrected. 5. If the superintendent be found negligent in any of the chiefe points of his office, and specially if he be noted negli- gent in preaching of the word, and visitation of the kirkes ; or if he be convict of such crimes which in common ministers are damned, he must be deposed without respect of his per- son or office. III. The Election of Superintendents, ifc. 6. In this present necessity, the nomination, examination, and admission of the superintendent, cannot be so straight as we require, and as afterward it must be. For this present therefore, we thinke it expedient, that either your honours by yourselves nominate so many as may serve the fore-written provinces ; or that ye give commission to such men as ye suppose the feare of God to be in to doe the same : And the /4 FIRST BOOK OF same men being called in your presence shall be by you, and such as your honours please call unto you for consultation in that case, appointed to their provinces. We thinkeit ex- pedient and necessarie, that as well the gentlemen, as bur- gesses of every diocie be made privy at this time to the election of the superintendent, as well to bring the kirk in some practise of her liberty, as that the pastor may be the better favoured of the flock whom themselves have chosen. If your honours cannot finde for this present so many able [men] as necessity requireth, then in our judgments, more profitable it is those provinces vaike till God provide better for them, then that men unable to edifie and govern the kirk, so suddenly be placed in that charge ; for experience hath teached us what pestilence hath been engendered in the kirk by men unable to discharge their offices. When therefore after three yeares any superintendent shall depart, or chance to be deposed, the cheefe towne within the province, to wit, the ministers, elders, and deacons, with the magistrate and councell of the same towne, shall nominate, and by public edicts proclaime, as well to the superintendents, as to two or three provinces, next adjacent, two or three of the most learned and godly ministers within the whole realme, that from amongst them one with public consent may be elected and appointed to the ofl&ce then vacant : And this the chiefe towne shall be bound to doe within the space of twentie daies ; which being expired and no man presented, then shall three of the next adjacent provinces, with consent of their superintendents, ministers, and elders, enter in the right and priviledge of the town, and shall pre- sent every one of them one or two, if they list to the chiefe town to be examined as the order requires ; as also it shall be lawfuU for all the kirks of the diocesse, to nominate with- in the same time such persons as they thinke worthy to stand in election, who all must be put in an edict. 7. After [the] nomination is made, publick edicts must be sent forth, warning all men that have any exception against the persons nominate, or against any of them, to be present in the chiefe town at the day affixed, and place, to object what they can against the election of any of them. Thirtie dayes we thinke sufficient to be assigned thereto. Thirtie dayes we meane after the nomination be made. 8. Which day of the election being come, the whole mini- sters of the province, with three or foure superintendents next DISCIPLINE. 75 adjacent, or that shall be thereto nominated, shall examine, not onely the learning, but also the manners, prudence and habilitie to governe the kirk, of all these that be nominated ; that he who shall be found most worthie may be burdened with the charge. If the ministers of the whole province should bring with them the votes of them that were com- mitted to their care, the election should be the more free ; but always the votes of them that convene should be re- quired. The examinations must be publickly made, [and] they that stand in election must publickly preach ; andmen must be charged in the name of God, to vote acccording to conscience, and not after affection : If any thing be objected against him that standeth in election, the superintendents and ministers must consider whether the objection be made of conscience or malice, and they must answer accordingly. Other ceremonies then sharp examination, approbation of the ministers and superinterjdents, with the publicke consent of the elders and people, we cannot allow. 9. The superintendent being elected, and appointed to his charge, must be subject to the censure and correction of mi- nisters and elders not of his chiefe town onely, but also of the whole province over the which he is appointed overseer. 10. If his offence be known, and the ministers and elders of the towne and province be negligent in correcting of him, then the next one or two superintendents, with their ministers and elders may convene him, and the ministers and elders of his chiefe towne, providing the same be within his owne province or chiefe towne, and accuse or correct as well the superintendent in these things that are worthy of correction, as the ministers and elders of their negligence and ungodly tollerance of his offence. 11. Whatsoever crime deserves deposition or correction of any other minister, deserveth the same in the superintendent, without exception of persons. 12. After that the kirk is established, and three yeares be passed, we require that no man be called to the office of a superintendent, who hath not at the least two years given de- claration of his faithfull labours in the ministerie of some kirk. 13. No superintendent may be transferred at the pleasure or request of any one province, no not without the consent of the whole councell of the kirk, and that for grave causes and considerations. 76 riRST BOOK OF 14. Of one thing in the end we must admonish your hon- ours, to ivit, that in the appoynticg of the superintendents for this present, ye disappoint not your chiefe townes, and where learning is exercised, of such ministers as may more profit by residence in one place, then by continuall travell from place to place ; for if ye so doe, the youth in these places shall lack the profound interpretation of Scripture, and so shall it be long before your garden send forth many plants ; where by the contrary, if one or two tow^nes be continuall;^ exer- cised as they may, the commonwealth shall shortly feast of their fruit, to the comfort of the godly. CHAP. VII. Of Schools [and Universities.'] Seeing that the office and dutie of the godly magistrate, is not onely to purge the church of God from all superstition, and to set it at liberty from tyranny and bondage ; but also to provide at the utmost of his power how it may abide in some puritie in the posterity following ; we can [not] but freely communicate our judgments with your honours in this behalf. I. The Necessitie of Schooles, 1. Seeing that God hath determined that his kirk here in earth shall be taught not by angels but by men, and seeing that men are borne ignorant of God and of all godlinesse, and seeing also he ceasses to illuminate men miraculously, suddenly clianging them as he did the Apostles and others in the primitive kirke : Of necessity it is that your honours be most careful for the vertuous education, and godly up- bringing of the youth of this realm, if either ye now thirst unfainedly the advancement of Christ's glorie, or yet desire the continuance of his benefits to the generation following ; for as the youth must succeed to us, so we ought to be care- full that they have knowledge and erudition to profit and comfort that which ought to be most deare to us, to wit the kirk and spouse of our Lord Jesus. 2. Of necessitie therefore we judge it, that every several DISCIPLINE. 77 kirk have one sehoolmaister appointed, such a one at least as is able to teach grammer and the Latine tongue, if the town be of any reputation : If it be* upaland where the people convene to the doctrine but once in the week, then must either the reader or the minister there appointed, take care of the children and youth of the parish, to instruct them in the first rudiments, especially in the Catechisme,t as we have it now translated in the Booke of the Common Order, called the Order of Geneva. And furder, we think it expedient, that in every notable town, and specially in the town of the su- perintendent, there be erected a colledge, in which the arts, at least logick and rhetorick, together with the tongues, be read by sufficient masters, for whom honest stipends must be appointed : As also [that] provision [be made] for those that be poore, and not able by themselves nor by their friends to be sustained at letters, and in speciall these that come from landward. 3. The fruit and commoditie hereof shall suddenly ap- peare. For first, the youth-head and tender children shall be nourished and brought up in vertue, in presence of their friends, by whose good attendance many inconveniences may be avoyded in which the youth commonly fall, either by over much libertie which they have in strange and unknowne places, while they cannot rule themselves ; or else for lack of good attendance, and [of] such necessaries as their tender age requires. Secondly, the exercise of children in every kirke, shall be great instruction to the aged [and unlearned.] Last, the great schooles called the universities, shall be replenished with these that shall be apt to learning ; for this must be carefully provided, that no father of what estate or condition that even he be, use his children at his own fantasie, espe- cially in their youth-head ; but all must be compelled to bring up their children in learning and vertue. 4. The rich and potent may not be permitted to sufier their children to spend their youth in vaine idlenesse, as heretofore they have done. But they must be exhorted, and by the censure of the kirk compelled to dedicate their sonnes, by [training them up in] good exercises, to the profite of the kirk and commonwealth, and that they must doe of their own ex- pences because they are able. The children of the poore must be supported and sustained on the charge of the kirk, * That is, in the country. t That is, Calvin's Catechism. 78 FIRST BOOK OF tryall being taken whether the spirit of docility be in them found or not. If they be found apt to learning and letters, then may they not (we meane, neither the sons of the rich, nor yet of the poore) be permitted to reject learning, but must be charged to continue their studie, so that the commonwealth may have some comfort by them : And for this purpose must discreet, grave, and learned men be appointed to visit schooles for the tryall of their exercise, profit, and continuance ; to wit, the minister and elders, with the best learned men in every town, shall in every quarter make examination how the youth have profited. 5. A certain time must be appointed to reading and learn- ing of the Catechisme, and [a] certain [time] to the grammar and to the Laline tongue, and a certain [time] to the arts of philosophie, and the [other] tongues, |and [a] certain [time] to that studie in the which they intend chiefly to tra- vel for the profite of the commonwealth ; which time being expired, we meane in every course, the children should either proceed to farther knowledge, or else they must be set to some handie craft, or to some other profitable exercise ; providing alwaies that first they have further knowledge of Christian re- ligion, to ivit, the knowledge of God's law and commandments, the use and office of the .same, the chief articles of the beleefe, the right form to pray unto God, the number, use, and effect of the Sacraments, the true knowledge of Christ Jesus, of his offices and natures, and such other [points,] wdthout the know- ledge whereof neither any man deserves to be called a Chris- tian, neither ought any to be admitted to the participation of the Lord's table ; and therefore thir principles ought and must be learned in the youth- head. II. The Time appointed to every Course. 6. Two yeares we thinke more then sufficient to learne to reade perfectly, to answer to the Catechisme, and to have some entres in the first rudiments of grammer ; to the full accomplishment whereof (we meane of the grammer) we thinke other three years or four at most sufficient to the arts, to wit, logick, to rhetorick and to the Greek tongue, [we allow other] four years ; and the rest till the age of 24 years, to be spent in the study, wherein the learner would profit the church or commonwealth be it in the lawes, physick, or divinitie, which time of 24 yeares being spent in the schools, the learner must be removed to serve the church or commonwealth, unlesse he DISCIPLINE. 79 be found a necessary reader in this same colledge or univer- sity. If God shall move your hearts to establish and execute this order, and put these things in practice, your whole realme, we doubt not, within few years, will serve itselfe of true preachers, and of other officers necessary for the common- wealth. III. Of the Erection of Universities. 7. The grammer schoole being erected, and of the tongues as we have said ; next we think it necessary there be three universities in this whole realme, established in the three towns accustomed.* The first in St Androes, the second in Glasgow, and the third in Aberdeen. And in the first and principal university, viz. St. Androes, that there be three coUedges : and in the first colledge, which is the entry of the university, there be four classes or sieges, the first to the new supposts shall be only [of] Dialectic!, next only Mathema- ticks, the third of Phy sicks only, the fourth of Medicine: And in the second colledge two classes or sieges, the first of Morall Philosophy, the second of the Lawes ; And in the third colledge, two classes or sieges, the first of the tongues, to wit, Greek and Hebrue, the second of Divinity. IV. Of Readers, of the Degrees, and Time of Studie, {and of Principals and Rector, and of Bursars.'] 8. Imprimis, In the first colledge and first classe shall be a reader of Dialectick, who shall accomplish his course thereof in a yeare. In Mathematicks, which is the second classe, shall be a reader who shall compleat his course of Arith- metick, Geometric, Cosmography, and Astrologie in one year. In the third classe shall be a reader of Naturall Philosophy, who shall compleat his course in one yeare. And who after thir three years, by tryall and examination, shall be found sufficiently instructed in the foresaid sciences, shall be laureat and graduat in Philosophy. In the fourth classe, shall be a reader of Medicine, who shall compleat his course in five years ; after the study of the which time, being by examina- tion found sufficient, they shall be graduat in Medicine. 9. Item, In the second colledge in the first classe, one rea- * The Unirersity of Ediaburgh was not founded till the year 1582 ; anl that in the town of Aberdeen not till some time after. 80 FIRST BOOK OF der onely in the Ethicks, CEconomicks, and Politicks, who shall compleat his course in the space of one yeare. In the second classe shall be two readers in the Municipal and Ro- man Laws, who shall compleat their course in four yeares ; after which time, being bj' examination found sufficient, they shall be graduate in the Lawes. 10. Item, In the third coUedge, in the first classe, one rea- der of the Hebrew and another of the Greek tongue, who shall compleat the grammar thereof in three moneths, and the remanent of the yeare, the reader of ihe Hebrew shall inter- pret one book of Moses, [or of] the Prophets, or the Psalms, so that this course and classe shall continue one year : The reader of the Greek shall interpret some book of Plato, to- gether with some places of the New Testament, [and shall compleat his course the same year.] In the second classe shall be two readers in divinitie, the one in the New Testa- ment ; the other in the Old, who shall compleat their course in five years ; after which time, who shall be found by exa- mination sufficient, they shall be graduate in divinitie. 11. Item, Wee thinke expedient that none be admitted to the first colledge, and be [made] supposts of the Universitie, unlesse he have from the master of the schoole, and minister of the town where he was instructed in the tongues ane testi- monie of his learning, docility, age and parentage ; and like- wise triall be taken by certain examinators, depute by the rec- tor and principalis of the same. And if he hath been taught [the] dialectick, and be found sufficiently instructed therein, he shall incontinent the same year be promoted to the classe of mathematicks. 12. Item, That none be admitted to the classe of medicine, but he that shall have his testimoniall of his time well spent in Dialectic, Mathematicks, and Physicks, and of his docility in the last. 13. Item, That none be admitted unto the classe of the lawes, but he that shall have sufficient testimonialls of his time well spent in Dialccticks, Mathematicks, Physicks, Ethicks, CEconomicks, and Politicks, and of his docilitie in the last. ; 1 4. Item, That none be admitted unto the classe and siege of divinity, but he that shall have sufficient testimonialls of his time well spent in Dialectick, Mathematicks, Physicks, Ethicks, (Economicks, and Politicks, and the Hebrew tongue, and of his docilitie in the Moral Philosophy and the Hebrew DISCIPLINE. 81 tongue. But neither shall such as apply them [selves] to heare the Lawes, be compelled to heare Medicine ; neither such as apply them [selves] to heare Divinitie, be compelled to heare either Medicine or yet the Lawes. 15. Item, In the second University, which is Glasgow, shall be two coUedges onely : In the first shall be a classe of Dia- lectick, an order of Mathematicks, the third of Physicks, or- dered in all sorts as S. Androes. 16. Item, In the second [colledge shall be] foure classes, the first of Moral Philosophy, Ethicks, GEconomicks, and Poli- ticks ; the second of the Municipal and Roman Lawes ; the third of the Hebrew tongue ; the fourth of Divinity : Which shall be ordered in all sorts [according] to what we have written in the order of the Universitie of St. Androes.* 17- The third University of Aberdeen shall be conforme to this Universitie of Glasgow in all sorts. 18. Item, We thinke needfull that there be chosen [forth] of the bodie of the Universitie to every colledge, a Principall, [who must be a] man of learning, discretion, and diligence. He shall receive the whole rents of the colledge, and distribute the same according to the erection of the colledge, and shall dayly hearken the dyet counts ; adjoyning to him[selfe] weekly one of the readers or regents about whom he shall take attend- ance upon their diligence, as well in their reading as exercis- ing of the yowth in the matter taught ; [he shall oversee] the policie and fuphold of the place : And for punishment of crimes shall hold a weekly convention with the whole members of the colledge. He shall be countable yearly to the superin- tendent, rector, and the [rest of the] principalis convened, about the first of November. His election shall be in this sort, there shall be three of the most sufficient men of the Universitie (not principalis already) nominate by the members of the college whose principall is departed [and who are] sworn to follow their consciences, [then these three shall be] publickly proponed through the whole L^niversitie : Eight days after the which time, the superintendent himselfe or his speciall procurator, with the rector and the rest of the prin- cipalis, as a chapter convenit, shall confirm one of the three * There is here no mention made of Medicine or Greek ; but it is prob- able that a Professor of Greek was designed both for Glasgow and Aber- deen, for the reason given in the remark on the 25th section of this chapter t Some copies have buildings. 82 FIRST BOOK OF tliey think most sufficient ; being before sworn to do the same with a single eye but respect to fead or favour. 19. Item, In every colledge we thinke needful at least a steward, a cooke, a gardiner, and porter, who shall be subject to [the] discipline of the principall, as [are] the rest. 20. Item, That everie universitie have a beddall subject to serve at all times throughout the whole universitie, as the rec- tor and principall shall command. 21. Item, That everie universitie have a rector chosen from yeare to yeare as shall follow. The principalis being con- vened with the whole regents chapterly, shall be sworn that every man [speaking] in his [own] roome, shall nominate such a one as his conscience shall testify to be most sufficient to beare such charge and dignity ; and three of them that shall be oftest nominated shall be put in edict publickly fifteen daies before Michaelmas ; and then shall on Michaelmas even convene the whole principalis, regents, and supposts that are graduat, or at the least [have] studyed their time in Ethicks, (Economicks, and Politicks, and no others yonger ; and every one [having] first protested in God's pi'esence to follow the sin- cere dytment of their conscience, shall nominate [one] of the three, and he that hath most votes shall be confirmed by the superintendent and principals, and his duty with an exhorta- tion proponed unto him, and this to be the 28 day of September ; and thereafter [an oath] shall be taken [of] him for his just and godly government, and of the rest [for their] lawful sub- mission and obedience : He shall be propyned by the uni- versity at his entry with a new garment,* .bearing insignia magistratus. [And] he shall be holden monethly to visite every colledge, and with his presence decore and examine the lections and exercises thereof. His assessors shall be a lawyer and a theologue, with whose advice he shall decide all ques- tions civill betwixt the members of the university. H any without the university persue a member thereof, or he be per- sued by a member of the same, he shall assist the provost and baillies in these cases, or other judges competent, to see justice be ministred. In like wise if any of the university be crimin- ally persued, he shall assist the judges competent, and see that justice be ministred. 22. Item, Wc thinke [it] expedient that in every colledge * Some coi)ie6 have, insignia magidratus beiog borne before liim, Iib shall visite every colledge mouethlj, &c. DISCIPLINE. S3 in every university, there be 24 bursars, devided equally in all the classes and sieges as is above expremit ; that is, in St. Androes 72 bursars, in Glasgow 48 bursars, in Aberdeen 48, to be susteined onely in meat upon the charges of the colledge ; and to be admitted at the examination to the ministerie [of the town] and chaptour of principalis in the university as well in the docility of the persons oflfered, as of the ability of their parents to sustaine them themselves, and not to burden the commonwealth with them. V. Of the Stipends and Expenses necessary. 23. We thinke expedient that the universities be doted with temporall lands, with rents and revenues of the bishopricks temporalitie, and of the kirkes collegiat, so farre as their ordi- nary charges shall require ; and therefore that it would please your honours, by advice of your honourable councel and vote of Parliament, to do the same. And to the effect the same may be shortly exped, we have recollected the summes we think necessary for the same. 24. Imprimis, for the ordinary stipend of the Dialec- tician reader, the Mathematician, Physician, and Morall Phi- losopher, we think sufficient an hundred pounds for every one of them. ♦ Item, For the stipend of every reader in Medicine and Lawes, a hundreth thirty three pounds sex shillings and eight pennies. Item, To every reader in Hebrew, Greek, and Divinity, 200 pounds. Item, To every principall of a colledge, 200 pounds. Item, To every steward [for his fee] 16 pounds. Item, To every gardiner, to every cooke, and porter, to ilk one of them ten merks. Item, To the buird of every bursar without the classe of theologie, 20 pounds. Item, [To every bursar] in the classes of theologie, which will be onely 12 persons in St. Androes, 24 pounds. 25. [The] summe of [the] yearly and ordinary expenses in the university of St. Androes, extendeth to 3796 pounds. [The] summe of [the] yearly and ordinary expenses of Glasgow [extends to] 2922 pounds. *[The summe of ] Aber- deen to 2922 pounds. " The ordinary expenses of Glasgow or Aberdeen extend oulj to 84 FIRST BOOK OF [The] summe of the ordinary charges of the whole is 9640 pounds. 26. Item, The beddalls stipend shall be of every intrant and suppost of the university 2 shillings, of every one gradu- ate in Philosophy^ three shillings, of every one graduate in Medicine or Lawes foftr shillings, in Theologie five shillings ; all bursars being excepted. 27. Item, We have thought good for building and uphold- ing of the places* a general collect be made ; and that every Earl's Sonne, at his entry to the university, shall give 40 shilling, and likewise at every graduation 40 shilling. Item, Each Lord's sonne likewise, at such times, 30 shilling, each freeholding baron's sonne 20 shilling, every fewar and sub- stantious gentleman's sonne, 1 mark. Item, Every substan- tious husband and burgess sonne at each time 10 shilling. Item, Every one of the rest, not excepting the bursars, 5 shil- ling, at each time. And that this be gathered in a common box, put in keeping to the principall of the theologians, every principall having a key thereof, to be [opened, and the money] counted each year once, with the interest of principalis to be laid in the same, upon the 15 day of November, in presence of the superintendent, rector, and whole principalis ; and with their whole consent, or at least the most part of them, re- served or employed only upon the building and upholding of the places, and repairing of the same, as necessitie shall re- quire. And therefore the rector with his assistant shall be holden to visit the places each yeare once incontinent after he be promoted, upon the last of October, or thereby. VI. 0/ the Priviledges of the Universitie. 28. Seeing we desire that innocencie should defend us rather then priviledge, we think that each person of the Uni- versity should answer before the Provost and Bailiffs of the town where the Universitie is, for all crimes whereof they are accused, onely that the rector be assessor to the [magis- trates] in the said actions. In civill matters if the question be betwixt members of the University on each side, making their residence and exercise therein for the time, in that case the partie called shall not be holden to answer but onely be- 2722 pounds and one merle, so that probably it was designed that these two universities should have had each of them a professor of Greek, vrhose salary was to have been 200 poundn. * Fiibrick. DISCIPLINE. 85 fore the rector and his assessors heretofore exprlmed : In all other cases of civill pursuit, the generall rule of the law [is] to be observed, actor sequatur forum rex. 29. The rector and all inferiour members of the universitie must be exempted from all taxations, imposts, [and] charges of warr ; or any other charge that may onerate or abstract him or them from the care of his office, such as tutorie, cura- torie, or any such like that are established, or hereafter shall be established in our common-weale ; to the effect, that with- out trouble, they may wait on the up-bringing of the youth in learning, and bestow their time onely in that most nccessarie exercise. 30. All other things touching the books to be read in ilk classe, and all such like particular affaires, we referre to the discretion of the masters, principals and regents, with their well-advised counsel ; not doubting but if God shall grant quietnesse, and give your wisdomes grace to set forward let- ters in the sort prescribed, ye shall leave wisdome and learn- ing to your posterity, a treasure more to be esteemed than any earthly treasure ye are able to amasse for them, which without wisedome are more able to be their ruin and confu- sion, then [their] help and comfort. And as this is most true, so we leave it with the rest of the commodities to be weighed by your honours wisedome, and set forwards by your authority to the most high advancement of this common- wealth committed to your charge. CHAP. VIII. The Sia;t Head, of the Rents and Patriinonie of the Church. 1. Thir two sorts of men, that is to say, ministers [of the word] and the poore, together with the schooles, when order shall be taken thereanent, must be susteyned upon the ^charges of the kirk ; and therefore provision must be made how, and by whom such summes must be lifted. But before we enter in this head, we must crave of your honours, in the name of the Eternal God and of his Son Christ Jesus, that ye have respect to your poor brethren, the labourers and manurers of the ground, who by thir cruell beastes the * Ktnts. 86 FIRST BOOK OF Papists have before been opprest, that their life to them hath been dolorous and bitter : If ye will have God author and approver of this reformation, ye must not follow their foote- steps, but ye must have compassion of your brethren, appoint- ing them to pay reasonable tiends, that they may finde some benefite of Christ Jesus now preached unto them. 2. With the griefe of our hearts we heare, that some gentlemen are now as cruell over their tenants as ever were the Papists, requiring of them [the teinds and] whatsoever they aiore paid to the kirk, so that the Papistical tyrannic shall onely be changed into the tyrannic of the lord and laird. We dare not flatter your honours, neither yet is it profitable for you that we so doe : [For neither shall we,] if we permit cruelty to be used ; neither shall ye, who by your authoritie ought to gainestand such oppression, nor yet they that use the same, escape God's heavie and fearfull judge- ments. The gentlemen, barones, carles, lords, and others, must be content to live upon their just rents, and suffer the kirk to be restored to her [right and] liberty ; that by her restitution, the poore, who heretofore by the cruell Papists have been spoiled and oppressed, may now receive some com- fort and relaxation, that their teinds and other exactions be cleane discharged, and no more taken in times comming. The uppermost claith, corps-present, clerke-maile, the pasche- offering, teind-ale, and all handlings upaland,* can neither be required nor received of good conscience. 3. Neither do we judge it to proceed of justice, that any man should possesse the teinds of another, but we think it a most reasonable thing that every man have the use of his own tiends, provided that he answer to the deacons and treasurers of the kirk, of that which [of] justice shall be appointed to him. We require the deacons and treasurers rather to receive the rents, then the ministers themselves ; because that of the tiends must not onely the minister be sus- teined, but also the poore and schooles. And therefore we think it expedient that common treasurers, viz. the deacons, be appointed from yeare to yeare, to receive the whole rents appertaining to the kirk, and that commandement be given that none be permitted either to receive or yet to intromet with any thing appertaining to the sustentation of the per- sons foresaid, but such as by common consent of the kirk are thereto appointed. * Exactions iu the country. DISCIPLINE. 87 4. »If any think this prejudicial! to the tackes and asseda- tions of them that now possesse the tiends : Let them under- stand that their unjust possession is no possession before God ; for they of whom they received their title, and presup- posed right or warrant, were theeves and murtherers, and had no power so to alienate the patrimonie and common good of the kirk. And yet we are not so extreame but that we wish just recompence to be made to such as have debursed summes of money to the unjust possessors, so that it hath not been done of late dayes in prejudice of the kirk ; but such as are found and known to be done of plaine collusion, in no wayes ought to be maintained by you : And for that purpose we think it most expedient that whosoever have assedation of tiends [of] any kirk [in part or in whole,] be openly warned to produce their assedation and assurance, that cog- nition being taken, the just taksmen may have the just and reasonable recompense for the yeares that are to runne, the profite of the yeares past being considered and deduced ; and the unjust and surmised may be served accordingly, so that the kirk in the end may receive her libertie and freedom, and that onely for the reliefe of the poore. 5. Your honours may easily understand that we speake not now for our selves, but in favour of the labourers de- frauded and opprest by the priests, and by their confederate pensioners ; for while that the priests pensioner his idle belly is delicately fed, the poore, to whom the portion of that ap- pertaines, was pyned with hunger, and moreover the true labourer was compelled to pay that which he ought not : For the labourer is neither debtor to the dumbe dogge called the bishop, neither yet to his hired pensioner, but is debtor onely to the kirk ; and the kirk is bound to sustaine and nourish of her charges, the persons before mentioned, to wit, the minis- ters of the word, the poore, and the teachers of the youth. 6. But now to returne to the former head. The summes able to sustaine the forenamed persons, and to furnish all things appertaining to the preservation of good order and policie within the kirk, must be lifted of the tenths, to wit, the tenth sheaf [of all sorts of corn,] hay, hemp, [and] lint ; [tenth] fishe, tenth calf, tenth lamb, tenth wooll, tenth folle, tenth cheese. And because that we know that the tenth reasonably taken, as is before expressed, will not suffice to discharge the former necessity ; we thinke that all things doted to hospitality, and annual rents both in burgh and land 88 FIRST BOOK OF pertaining to the priests, chanteries, colledges, chappellanries, and the freeries of all orders, to the sisters of the seenes, and such others [of that sort,] be retained still in the use of the kirk or kirks within the townes and parishes where they were doted. Furthermore to the upholding of the universi- ties, and sustentation of the superintendents, the whole revenew of the temporality of the bishops, deanes, and arch- deanes lands, and of all rents of lands pertaining to the cathedrall kirks whatsoever. And further [we thinke that] merchants and rich craftsmen in free burghs, having nothing to doe with the manuring of the ground, must make, some provision in their cities, towns, and dwelling places, for to support the need of the kirk. 7. To the ministers, and failing thereof the readers, must be restored their manses and gleibs ; for else they cannot serve [nor attend] their flocks at all times, as their dutie is. If any gleib exceed six akers of ground, the rest shall remain in the hands of the possessours, till [further] order be taken therein. 8. The receivers and collectors of these rents and duties, must be deacons or thesaurers appointed from yeare to yeare in every kirk, and by the common consent and free election of the kirk, the deacons must distribute no part of that which is collected, but by command of the ministers and elders ; and they may command nothing to be delivered, but as the kirk hath before determined, to wit, the deacons shall of the first part pay the summes, either quarterly, or from halfe yeare to halfe yeare, to the ministers which the kirk hath appointed. The same they shall doe to the schoolmasters, readers, and hospitall if any be, receiving alwayes an acquittance for their discharge. 9. If any extraordinary summes be to be delivered, then must the ministers, elders, and deacons consult whether the deliverance of such summes doth stand with the common utilitie of the kirk or not, and if they do universally con- descend and agree upon the affirmative or negative, then because they are in credite and office for the yeare, they ma,y do as best seems : but if there be any controversy amongst themselves, the whole kirk must be made privy, and after that the matter be proponed, and the reasons [heard], the judgment of the kirk with the minister's consent shall pre- vaile. 10. The deacons shall be compelled and bound to make DISCIPLINE. 89 accounts to the minister and elders of that which they received, as oft as the policie shall appoint ; and the elders when they are changed, which must be every ycare, must cleare their count before such auditers as the kirk shall appoint ; and both the deacons and elders being changed, shall deliver to them that shall be new elected all surames of money, cornes, and other profites, resting in their hands : the tickets whereof must be delivered to the superintendents in their visitation, and by them to the great eouncell of the kirk, that as well the abundance as the indigence of everie kirk may be evidently known, that a reasonable equality may be had throughout this whole realm. If this order be pei'feetly kept, corruption cannot suddenly enter. For the free and yearly election of deacons and elders* shall suffer none to usurpe a perpetuall domination over the kirk ; the knowledge of the rentall shall suffer them to receive no more then whereof they shall be bound to make accounts ; the deliverance of money to the new officers shall not suffer private men [to] use in their private business, that which appertaines to the publick affaires of the kirk. €HAP. IX. i. The Seventh, Head, of Ecdesiasticall Discipline. 1. As that no common-wealth can flourish or long indurc withoiit good lawes and sharp execution of the same ; so nei- ther can the kirk of God be brought to purity neither yet re- tained in the same without the order of ecclesiasticall disci- pline, which stands in reproving and correcting of the faults, which the civill sword either doth neglect, or [may] not punish : blasphemie, adultcrie, murder, perjurie, and other crimes capitall, worthy of death, ought not properly to fall under [the] censure of the kirk ; because all such open trans- gressors of God's lawes ought to be taken away by the civill sword. But drunkenness, excesse, be it in apparell or be it in eating and drinking, fornication, oppressing of the poore by exactions, deceit in buying and selling by wrang met and * See the Second Book of Discipline, chap. vi. sect. 2. and chap. vi)i. A^tct. 2. F 90 FIRST BOOK OF measure, wanton words and licentious living t(3nding to slander, do properly appertaine to the kirk of God to punish them as God's word commands. 2. But because this accursed Papistrie hath brought in such confusion into the world, that neither was vertue rightly praised, neither yet vice severely punished ; the kirk of God is compelled to draw the sword which of God she hath re- ceived, against such open and manifest contemners, cursing and excommunicating all such, as well those whom the civill sword ought to punish as the other, from all participation with her in prayers and sacraments till open repentance appeare manifestly in them. As the order and proceeding to excom- munication ought to be slow and grave, so being once pro- nounced against any person of what estate or condition that ever they be, it must be kept with all severity ; for lawes made and not kept engender contempt of vertue, and bring in con- fusion and liberty to sinne : and therefore this order we thinke expedient to be observed afore, and after excommuni- cation. 3. First, if the offence be secret cr known to few men, and rather stands in suspicion then in manifest probation, the of- fender ought to be privately admonished to absteine from all appearance of evill, which if he promise to doe, and declare himselfe sober, honest, and one that feares God and feares tj offend his brethren, then may the secret admonition suffice for his correction. But if he either contemne the admonition or after promise made to shew himselfe no more circumspect then he was before, then must the minister admonish him, to whom if he be found inobedient they must proceed according to the rule of Christ, as after shall be declared. 4. If the crime be publick, and such as is heynous, as forni- cation, drunkennesse, fighting, common swearing, or execra- tion, then ought the offender to be called in presence of the minister, elders and deacons, where his sinne and trespasse ought to be declared and aggreged, so that his conscience may feelo how farrc he hath offended God, and what slander he hath raised in the kirk ; if signes of unfaigned repentance ap- peare in him, and if he require to be admitted to publick re- pentance, the minister may appoint unto him a day when the whole kirk convenes together, that in presence of all he may testify his repentance which before he professed : which if he accept, and with reverence confesse his sinne, earnestly desir- ing the congregation to pray to God with him for mercy, and DISCIPLINE. 9 1 to accept liim in their societie notwithstanding the former of- fence : then the kirk may and ought to receive him as a peni- tent, for the kirk ought to be no more severe then God declares himselfe to be, who witnesses that in whatsoever houre a sinner un/eignedly repents^ and turnes from his ivicked war/ , that he will not remember one of his iniquities ; and therefore ought the kirk diligently to advert that it excommunicate not those whom God absolves. 5. If the offender called before the ministerie be found stub- born, hard-hearted, or in whom no signe of repentance ap- peares, then must he be dimitted with an exhortation to con- sider the dangerous estate in which he stands ; assuring him that if they finde in him no other tokens of amendment of life, that they will be compelled to seek a further remedy ; if he within a certaine space shew his repentance to the ministerie, they may present him to the kirk, as before is said. 6. If he continue not in his repentance, then must the kirk be advertised that such crimes are committed amongst them, which by the ministry hath bene reprehended, and the per- sons provoked to repent ; whereof because no signes appeare unto them, they could not but signifie unto the kirk the crimes, but not the person, requiring them earnestly to call to God to move and touch the heart of the offender, so that suddenly and earnestly he may repent. 7. If the person maligne, the next day of publick assembly, the crime and the person must be both notified unto the kirk, and their judgments must be required, if that such crimes ought to be suffred unpunished among them : Request also should be made to the most discrete and nearest friend of the offender to travell with him to bring him to [the] knowledge of himself, and of his dangerous estate ; with a comraande- ment given to all men to call to God for the conversion of the unpenitent. If a solemne and speciall prayer were drawne for that purpose, the thing would be more gravely done.* 8. The third Sonday the minister ought to require, if the unpenitent have declared any signes of repentance to one of the ministry ; and if he have, then may the minister appoint him to be examined by the whole ministry ; either then in- stantly, or another day affixed to the consistorie : And if re- pentance appeare, as well for his crime, as for his long con- *■ See the OrJour of Excommunication, and of Public Ilepentance cUap. ii. 92 TIKST BOOK OF tempt, then he may be presented to the kirk, and make his confession to be accepted as before is said : But if no man signifie his repentance, then ought he to be excommunicated , and by the mouth of the minister, and consent of the ministry^ and commandement of the kirk, must such a contemner be pronounced excommunicate from God, and from all society of the kirk. 9. After which sentence may no person (his wife and fa- mily onely excepted) have any kind of conversation with him, be it in eating and drinking, buying and selling, yea in sa- luting or talking with him ; except that it be at commande- ment or licence of the ministerie for his conversion : That he, by such meanes confounded, seeing himselfe abhorred of the godly and faithfull, may have occasion to repent, and so be saved. The sentence of excommunication must be published universally throughout the realme, lest that any man should pretend ignorance. 10. His children begotten and born after that sentence and before his repentance, may not be admitted to baptisme till either they be of age to require the same, or else that the mother or some of his speciall friends, members of the kirk, offer and present the child, abhorring and damning the iniquity and obstinate contempt of the impenitent. If any man should think it severe that the child should be punished for the iniquity of the father ; let him understand that the sacraments appertaine to the faithfull and their seed; but such as stubbornly contemne all godly admonition, and obsti- nately remaine in their iniquity, cannot be accounted amongst the faithfull. 11. The Order for Public Offenders. We have spoken nothing of them that commit horrible crimes, as _ murtherers, manslayers, adulterers ; for such as we have said, the civill sword ought to punish to dead : But in case they be permitted to live, then must the kirk, as is before said, draw the sword which of God she hath received, holding them as accursed, even in their very fact. The offender being first called, and [the] order of the kirk used against him, in the same manner as the persons for their ob- stinate impenitency arc publickly excommunicate. So that the obstinate impenitent after the sentence of excommunica- tion, and the murtherer or adulterer stand in one case, as concerning the judgement of the kirk ; that is, neither of both DISCIPLINE. 93 may be received in the fellowship of the kirk to prayers or sacraments (but to hearing the word they may) till first they oflPer themselves to the ministrie, humbly requiring the mini- sters and elders to pray to God for them, and also to be in- tercessors to the kirk, that they may be admitted to publick repentance, and to the fruition of the benefits of Christ Jesus, distributed the to members of his bodie. 12. If this request be humbly made, then may not the ministers refuse to signifie the same unto the kirk, the next day of publick preaching the minister giving exhortation to the kirk to pray to God to perform the worke which he ap- pears to have begun, working in the heart of the offender, unfaigned repentance of his grevious crime and offence, [with a sense] and feeling of his great mercy, by the operation of the Holy Spirit. Thereafter one day ought publickly to be assigned unto him to give open profession of his offence and contempt, and so to make publick satisfaction to the kirk of God ; Which day the offender must appear in presence of the whole kirk, with his own mouth damning his own impiety, publickly confessing the same ; desiring of God his mercy and grace, and [of] his congregation that it would please them to receive him in their society, as before is said. The minister must examine him diligently whether he finds a hatred and displeasure of his sinne, as well of his contempt as of .his crime : Which if he confesse, he must travell with him, to see what hope he hath of God's mercies. 13. If he finde him [humbly disposed, and] reasonably in- structed in the knowledge of Christ Jesus, and the vertue of his death ; then may the minister comfort him with God's infallible promises, and demand of the kirk if they be con- tent to receive that creature of God, whom Satan before had drawen in his nettes, mto the society of their bodie, seeing that he [hath] declared himselfe penitent : Which if the kirk grant, as they cannot justly deny the same, then ought the minister in public prayer commend him to God, [and] confesse the sinne of that offender before the whole kirk, desiring mercy and grace for Christ Jesus sake. Which prayer being ended, the minister ought to exhort the kirk to receive that penitent brother into their favours, as they require God to re- ceive themselves when they offend ; and in signe of their consent, the elders and chiefe men of the kirk shall take the penitent by the hand, and one or two in the name of the rest shall kiss and embrace him with reverence and gra^'itie as a member of Christ Jesus. 94 FIRST BOOK OF 14. "Which being done, the minister shall exhort the re- ceived, that he take diligent heed in times comming, that Sathan trap him not in such crimes, admonishing him that he^' will not cease to tempt and trie by all meanes possible to bring him from that obedience which he hath given to God and to the ordinance of Jesus Christ. The exhortation being ended, the minister ought to give publick thankes unto God for the conversion of their brother, and for all benefits which we receive of Christ Jesus, praying for the increase and con- tinuance of the same. 15. If the penitent after he hath offered himself unto the ministerie, or to the kirk, be found ignorant of the principall points of our religion, and chiefly in the articles of justifica- tion and of the offices of Christ Jesus, then ought he to be exactly instructed before he be received. For a mocking of God it is to receive them to repentance who know not where- in standeth their remedie, when they repent their sinne. III. Persons subject to Discipline. 16. To discipline, must all the Estates within this realme be subject, as well the rulers as they that are ruled ; yea, and the preachers themselves, as well as the poorest within the kirk : And because the eye and mouth of the kirk ought to be most single and irreprehensible, the life and conversation of the minister ought to be diligently tried, whereof we shall speak after that we have spoken of the election of elders and deacons, who must assist the minister in all publick affairs of the kirk CHAP. X. The JEight Head, touching the Election [and Office"] of Elders and Deacons j [and the Censure of Ministers, Elders, and Deacons.] 1. Men of best knowledge in God's word, and cleanest life, men failhfull and of most honest conversation that can be found in the kirk, must be nominate to be in election, and tlieir names must be publickly read to the whole kirk by the * How that enemy will not, &c. DISCIPLINE. 95 minister, giving them advertisement, that from amongst them must be chosen elders and deacons ; if any of these nominate be noted with publick infamie, he ought to be repelled ; for it is not seemly that the servant of corruption should have au- thoritie to judge in the kirk of God. If any man know others of better qualities within the kirk then these that be nominate, let them be put in election [with them], that the kirke may have the choyce. » 2. If the kirk be of smaller number then that seniors and deacons can be chosen from amongst them, then may they well be joyned to the next adjacent kirks. For the pluralitie of kirks without ministers and order, shall rather hurt than edifie. 3. The election of elders and deacons ought to be made every yeare once, which we judge to be most convenient on the first day of August ; lest of long continuance of such officers, men presume upon the liberty of the kirk : [And yet] it hurteth not that one be received in office moe years than one, so that he be appointed yearly [thereto] by common and free elec- tion ^"^ provided alwayes, that the deacons and thesaurers be not compelled to receive the [same] office againe for the space of three yeares. How the votes and suffrages may be best received, so that every man may give his vote freely, every several! kirk may take such order as best seems [to] them. 4. The elders being elected, must be admonished of their office, which is to assist the ministers in all publicke affaires of the kirk ; to wit, in determining and judging causes, in gi"ving admonition to the licentious liver, in having re- spect to the manners and conversation of all men within their charge. For by the gravitie of the seniors, the light and unbridled life of the licentious, must be corrected and bridled. 5. Yea, the seniors ought [also] to take heed to the life, manners, diligence, and study of their ministers. If he be worthy of admonition, they must admonish him ; of correc- tion, they must correct him ; and if he be worthy of deposi- tion, they with consent of the kirk and superintendent may depose him, so that his crime deserve so. If a minister be light of conversation, by his elders and deacons he ought to * See the Second Book of Discipline, chap. vi. sect. 2, and chap. viii. sect. 2. 96 FIRST BOOIC OF be admonished : if he be negligent in study, or one that vaikes* not upon his charge or flock, or one that propones not faithfull doctrine, he deserves sharper admonition and correc- tion ; to the which if he be found stubborn and inobedient, then may the seniors of the kirk complain to the ministry of the two next adjacent kirks, where men of greater gravitie are, to whose admonition if he be found inobedient, he ought to be discharged of his ministry, till his repentance appeare, and a place be vakand for him. 6. If any minister be deprehended in any notable crime, aa whoredome, adulterie, [murther,] manslaughter, perjurie, teaching of heresie, or any other deserving death, or that may be a note of perpetual infamie, he ought to be deposed for ever. By heresie we mean pernicious doctrine plainly taught, and topenly defended, against the foundations and principles of our faith ; and such a crime we judge to deserve perpetual deposition from the ministry : for most dangerous we know it to be to commit the flocke to a man infected with the pestilence of heresie. 7. Some crimes deserve deposition for a time, and while the person give declaration of greater gravitie and honesty : As if a minister be deprehended drinking, brawling, or fighting ; an open slanderer or infamer of his neighbours, factious, and a sower of discord, he must be commanded to ceass from his ministry till he declare some sign of repentance, upon which the kirk shall abide him the space of 20 dayes or further as the kirk shall think expedient, before they proceed to a new- election. 8. Every inferiour kirk shall by one of their seniors and one of their deacons, once in the yeare, notifie unto the mi- nisters of the superintendent's kirk, the life, manner, study and diligence of their ministers, to the end the discretion of some may correct the levitie of others. 9. Not onely must the life and maners of ministers come under censure and judgment of the kirk, but also of their wives, children, and familie : J udgment must be taken that he neither live riotously, neither yet avaritiousl}^ ; yea resnect must be had how they spend the stipend appointed to their living : If a reasonable stipend be appointed and they live avaritiously, they must be admonished to live as they receive ; for as exce S3 and superfluitie is not tolerable in a minister, • Waitcth. t Obstinatelie. DISCIPLINE. 97 SO is avarice and the careful solicitude of money utterly to be damned in Christ's servants, and especially in them that are fed upon the charge of the kirk ; We judge it unseemly and untolerable, that ministers should be buirded in common ale- houses or in tavernes. 10. Neither must a minister be permitted to frequent and commonly haunt the court, unlesse it be for a time, when he is either sent by the kirk, or called for by the authoritie for his counsell and judgment in civill affairs.* Neither yet must he be one of the councell,t be he judged never so apt for the purpose ; but either must he cease from the ministery, (which at his own plaasure he may not do) or else from bear- ing charge in civill affairs, unlesse it be to assist the Parlia- ment if he be called. 11. The office of deacons, as before is sayd, is to receive the rents, and gather the almes of the kirk, to keep and dis- tribute the same, as by the ministers and kirk shall be ap- pointed ; they may also assist in judgement with the minister and elders, and may be admitted to read in assembly if they be required, and be able thereto. 12. The elders and deacons with their wives and hous- hold, should be under the same censure that is prescribed for the ministers ; For they must be carefull over their office, and seeing they are judges over others manners, their own con- versation ought to be irreprehensible : They must be sober, lovers and maintainors of concord and peace [among st neigh- bours] ; and finally they ought to be examples of godliness to others. And if the contrary thereof appeare, they must be admonished thereof by the ministers, or some of their breth- ren of the ministery, if the fault be secret: And if the fault be open and known, they must be rebuked before the minis- tery, and the same order kept against the senior and deacon, that before is described against the minister. 13. We think it not necessary that any public stipend shall be appointed, either to the elders, or yet to the deacons, be- cause their travell continues but for a yeare ; and also be- cause that they are not so occupied with the affairs of the kirk, but that reasonably they may attend upon their do- mesticall businesse. * In c-.ny matter. "f Of the councell iu civil affairs. 98 FIRST BOOK OF CHAP. XI. The Ninth Head, concerning the Policie of the Kirk, 1. Policie we call an exercise of the kirk in such things as may bring the rude and ignorant to knowledge, or else in- flame the learned to greater fervencie, or to retain the kirk in good order ; and thereof there be two sorts, the one utterly necessarie, as that the word be truly preached, the sacraments rightly ministred, common prayers publickly made, that the children and rude persons be instructed in the chiefe points of religion ; and that oiFences be corrected and punished ; these things be so necessary, that without the same there is no face of a visible kirk. The other is profitable but not merely ne- cessary, [as] that .psalms should be sung, that certain places of the scriptures be read when there is no sermon ; that this day or that, or how many [days] in the week the kirk should assemble ; of these and such others we cannot see how a certain order can be established : For in some kirks the psalmes may conveniently be sung, in others perchance they cannot ; some kirkes [may] convene every day, some twice, some thrice in the week [and] some perchance but once : In this and such like must every particular kirk by their consent appoint their owne policie. 2. [Yet] in great townes we thinke expedient that every day there be either sermon or common prayers, with some exercise of reading of scriptures. What day the public ser- mon is, we can neither require nor greatly approve that the common prayers be publickly used : lest that we should either foster the people in superstition, who come to the prayers as they come to the masse ; or else give them occasion, that they think them no prayers, which be made before and after ser- mons. 3. In every notable town, we require that one day beside the Sonday, be appointed to the sermon, which during the time of sermon and prayers must be kept free from all exer- cise of labour, as well of the maister as of the servant ; in smaller townes as we have said, the common consent of the kirk must put order : But the Sonday must straitly be kept both before and after noone in all townes. Before uoone must DISCIPLINE. 99 the TTord be preached, and sacraments ministred, as also marriage solemnized if occasion offer : After noone must the young children be publickly examined in their catechism in the audience of the people, [in doing] whereof the minister must take great diligence, as well to cause the people under- stand the questions proponed as [the] answers, and the doc- trine that maybe collected thereof; the order [to be kept in teaching the catechism], and how much [of it] is appointed for every Sonday, is allready distinguished in [the Catechism printed with] the BooJc of our Common Order, which Cate- chism is the most perfect that ever yet was used in the kirk. And after noone may baptisme be ministred; when occasion is offered of great travell before noone : It is also to be ob- served, that prayers be after noone upon Sonday, where there- is neither preaching nor catechisme. 4. It appertaines to the policie of the kirk to appoint the times when the sacraments shall be ministred. Baptisme may be ministred whensoever the word is preached ; but we think it more expedient, that it be ministred upon Sonday, or upon the day of prayers, only after the sermon : Partly to remove this grosse errour by the which many are deceived, thinking that children be damned if they die without bap- tisme ; and partly to make the people have greater reverence to the administration of the sacraments then they have, for we see the people begin already to wax weary by reason of the frequent repetition of those promises. 5. Foure times in the yeare we think sufficient to the ad- ministration of the Lord's table, which we desire to be dis- tincted, that the superstitions of times* may be avoided so farre as may be : For your honours are not ignorant how superstitiously the people runne to that action at Pasche, even as if the time gave vertue to the sacrament ; and how the rest of the whole year they are carelesse and negligent, as'if it appertained not unto them, but at that time onely. We thinke therefore most expedient, that the first Sonday of March be appointed for one time [to that service] ; the first Sonday of June for another ; the first Sonday of September for the third ; the first Sonday of December for the fourth ; We do not deny but any severall kirk for reasonable causes may change the time, and may minister oftner, but we studie to represse superstition. All ministers must be admonished * Superstitious obBen'ation of times. 100 FIRST BOOK OF to be more careful! to instruct the ignorant then readie to serve their appetite, and to use sharp examination rather then indulgence, in admitting to thir great mysteries such as be ignorant of the use and vertue of the same : And therefore we think that the administration of the table ouglit never to be without examination passing before, and specially of them whose knowledge is suspect : we think that none are to be admitted to this mysterie who can not formally say the Lord's prayer, the articles of the beliefe, nor declare the summe of the law, [and understandeth not the use and vertue of this holy sacrament.] 6. Further we think it a thing most expedient and neces- sary, that every kirk have the Bible in English, and that the people be commanded to convene and heare the plaine read- ing and interpretation of the Scripture, as the kirk shall ap- point ; [for] by frequent reading, this grosse ignorance, which in this cursed Papistrie hath overflowed all, may partly be removed. We thinke it most expedient that the Scripture be read in order, that is, that some one book of the Old or New Testament be begun and orderly read to the end ; and the same we judge of preaching, where the minister for the most part remaines in one place : For this skipping and divagation irom place to place of Scripture, be it in reading, or be it in preaching, we judge not so profitable to edifie the kirk, as the continuall following of one text. 7. Every master of household must be commanded either to instruct, or cause to be instructed, his children, servants, and family, in the principles of the Christian religion, without the knowledge whereof ought none to be admitted to the table of the Lord Jesus : For such as be so dull and so ignorant, that they can neither try themselves, nor yet know the digni- tie and mysterie of that action, cannot cat and drink of that table worthily. And therefore of necessity we judge, that everie year at the least, publicke examination be had by the ministers and elders of the knowledge of every person with- in the kirk, to wit, that every master and mistresse of house- hold come themselves and their family, so many as be come to maturity before the minister and the elders, and give con- fession of their faith : If they understand not, nor cannot re- hearse the commandments of God's law, know not how to pray, neither wherein their righteousnesse stands or consists, they ought not to be admitted to the Lord's table : And if they stubburnly contemne, and suffer their children and ser- DISCIPLINE. 101 vants to continue in wilfull ignorance, the discipline of the kirk must proceed against them to excommunication, and then must that matter be referred to the civill magistrate ; for seeing that the just lives by his own faith, and Christ Jesus justifies by knowledge of himselfe, insufferable -we j udge it that men be permitted to live as members of the kirk [of God], and yet [to] continue in ignorance. 8. Moreover, men, women [and] children, would be ex- horted to exercise themselves in Psalmes, that when the kirk doth conveene, and sing, they may be the more able together with common hearts and voices to praise God. 9. In private houses we think expedient, that the most grave and discrete person use the common prayers at morn and at night, for the comfort and instruction of others : For seeing that we behold and see the hand of God now presently striking us with divers plagues, we thinke it a contempt of his judgements, or provocation of his anger more to be kindled against us, if we be not moved to repentance of our former unthankfulnesse, and to earnest invocation of his name, whose onely power may, and great mercy will, if we unfaignedly convert unto him, remove from us thir terrible plagues which now for our iniquities hang over our heads. " Convert us, Lord, and we shall be converted." CHAP. XII. Fur Frophecyin^ or Interpreting of ike Scriptures. 1. To the end that the kirk of God may have a tryall of men's knowledge, judgements, graces and utter;mces ; as also, such that have somewhat profited in God's word, may from time to time gro\v in more full perfection to serve the kirk, as necessity shall require : it is most expedient that in every towne, where schooles and repaire of learned men are, there be [a time] in one certain day every week appointed to that exercise which St. Paul calls prophecying ; the order whereof is expressed by him in thir words, *Let the prophets speak tivo or three, and let the other judge ; but if any thing he re- vealed to another t/iat sitteth by, let the former keep silence : [for"] ye may one by one all prophesie, that all may learne, and * i Cor. xiv. 29, 30, 3L 32. G 102 FIRST BOOK OF all may receive consolation. And the spirits, that is, the judge- ments of the prophets, are subject to the prophets. By which words of the apostle, it is evident that in the kirk of Corinth, when they did assemble for that purpose, some place of Scrip- ture was read, upon the -which one first gave his judgement to the instruction and consolation of the auditors ; after whom did another either confirme what the former had said, or added what he had omitted, or did gently correct or explaine more properly where the whole verity was not reveallcd to the former ; and in case things were hid from the one and from the other, liberty was given for a third to speak his judgement to the edification of the kirk ; above which num- ber of three, as appears, they passed not, for avoiding of con- fusion. 2. This exercise is a thing most necessarie for the kirk of God this day in Scotland ; for thereby, as said is, shall the kirk have judgement and knowledge of the graces, gifts and utterances of every man within their bodie ; the simple and such as have somewhat profited, shall be encouraged daily to studie and to proceed in knowledge, [and] the [whole] kirk shall be edified ; for this exercise must be patent to such as list to hear and learne, and every man shall have liberty to utter and declare his minde and knowledge to the comfort and consolation of the kirk. •3. But least of this profitable exercise there arise debate and strife ; curious, peregrine and unprofitable questions are to be avoided. All interpretation disagreeing from the prin- ciples of our faith, repugning to charity, or that stands in plaine contradiction with any other manifest place of Scrip- ture, is to be rejected. The interpreter in this exercise, may not take to himself the liberty of a publick preacher, (yea al- though he be a minister appointed) but he must bind himselfe to his text, that he enter not in degression or in explain- ing common places : he may use no invective in that exercise, unlcsse it be of sobriety in confuting heresies : in exhortations or admonitions he must be short, that the time may be spent in opening the minde of the Holy Ghost in that place ; fol- lowing the scquele and depcndance of the text, and observing such notes as may instruct and edifie the auditor: for avoid- ing of contention, neither may the interpreter, nor any in the assemblie move any question in open audience, whereto him- selfe is not able [presently] to give resolution without reason- ing with another, but every man ought to speako his own judgement to the edification of the kirk. DTSCIPLIKE. 103 4. If any be noted with curiosity or bringing in of stranaje doctrines, he must be admonished by the moderator, ministers and elders, immediately after the interpretation is ended. The whole ministers [with] a number of them that are of the Assembly, ought to convene together, where examination should be had, how the persons that did interprete, did handle and convey* the matter ; they themselves being removed till every man hath given his censure; after the which the per- sons being called [in,] the faults, if any notable be found, are noted, and the persons gently admonished. In that Assem- bly are all questions and doubts, if any arise, resolved with- out contention. 5. The ministers of the parish kirks in land wart adjacent to every chiefe town, and the readers, if they have any gift of interpretation, within sixe miles, must concurre and assist these that prophecie within the townes ; to the end that they themselves may either learne, or others may learne by them. And moreover men in whom is supposed to be any gifts which might edifie the church if they were well employed, must be charged by the ministers and elders to joyn themselves with the session and company of interpreters, to the end that the kirk may judge whether they be able to serve to God's glorie, and to the profit of the kirk in the vocation of [the] ministry or not : and if any be found disobedient, and not willing to communicate the gifts and speciall graces of God with their brethren, after sufficient admonition, discipline must proceed against them, provided that the civill magistrate concurre with the judgment and election of the kirk ; for no man may be permitted as best pleaseth him to live within the kirk of God, but every man must be constrained by fraternall admo- nition and correction, to bestow his labours when of the kirk he is required, to the edification of others. 6. What day in the, week is most convenient for that exer- .cise, what books of Scripture shall be most profitable to reade, we refer to the judgment of every particular kirk, we meane, ±0 the wisdome of the ministers and elders. CHAP. XIII. Of Marriage Because that marriage, the blessed ordinance of God, in this cursed Papistry hath partly bene contemned ; and partly * Intreat. 104 FIRST BOOK OF l^^tli beene so infirmed, that the parties conjoyned could never be assured in conscience, if the Bishops and Prelates list to dissolve the same ; we have thought good to shew our judgements how such confusion in times comming may be avoided, 2. And first publick inhibition must be made, that no per- son under the power or obedience of others ; such as sonns and daughters, and those that be under curators, neither men nor women contract marriage privately and without [the] knowledge of their parents, tutors or curators, under whose power they are for the time : which if they doe, the censure and discipline of the kirk [ought] to proceed against them. If any son or daughter, or other [under subjection,] have their hearts touched with the desire of marriage, they are bound to give honour to their parents that they open unto them their affection, asking their counsell and assistance, how that motion, which they judge to be of God, may be per- formed. If the father, [nearest] friend or maister,* gaine- stand their request, and have no other cause than the common sort of men have ; to wit, lacke of goods, and because they are « not so high borne as they require ; yet must not the parties whose hearts are touched make any covenant till further de- claration be made unto the kirk of God [or civil magistrate : ] And therefore after tliaf they have opened their mindes to their parents or such others as have charge over them, they must declare it to the ministery also, or to the civill magis- trate, requiring them to travell with their parents for their consent, which to doe they are bound. And if they, to wit, the ministery or magistrate, find no cause that is just, why the marriage required may not be fulfilled, then after suffi- cient admonition to the father, friend, master, or superiour,^ that none of them resist the work of God, the ministery or magistrate may enter in the place of parents, and by consent- ing to their just requests may admit them to marriage : for the worke of God ought not to be hindred by the corrupt affections of worldly men ; the work of God we call, when two hearts, without filthinesse before committed, are so joyned, and both require and are content to live together in that holy band of matrimony. 3. If any commit fornication with that woman he requires in marriage, they do both loose this foresaid benefi.t as well of * Or cuvator. DISCIPLINE. 105 the kirk as of the magistrate ; for neither of both ought to be intercessors or advocats for filthy fornicators. But the father, or nearest friend, whose daughter being a virgine is defloured, hath power by the law of God to compell the man that did that injurie to marry his daughter : and if the father will not accept him by reason of his offence, then may he re- quire the dowrie of his daughter ; which if the offender be not able to pay, then ought the civil magistrate to punish his body by some other punishment. And because whoredome, fornication, [and] adulterie, are sinnes most common in this realme ; we require of your honors, in the name of the eternal God, that severe punishment, according as God hath com- manded, be executed against such wicked contemners : for we doubt not but such enormities and crimes openly committed, provoke the wrath of God, as the apostle speaketh, not onely upon the offenders, but upon such places where without pu- nishment they are committed. 4. But to return to our former purpose, marriage ought not to be contracted amongst persons that have no election for lack of understanding ; and therefore we affirme that bairns and infants cannot lawfully be married in their minor age, to ivit, the man within 14 yeares, and the woman 12 ycares at least ; which if it have been, and they have kept themselves alwayes separate, we cannot judge them to [be bound to] ad- here as man and wife, by reason of that promise, which in God's presence was no promise at all ; but if in yeares* of judgement thej' have embraced the one the other, then by reasont of that last consent, they have ratified that which others have promitted for them in their youth-head, [and are to be held as married persons.] 5. In a reformed kirk, marriage ought not to be secretly used, but in open face and publick audience of the kirk : and for avoiding of dangers, expedient it is that the bannes be publickly proclaimed three [several] Sondayes, unlesse the persons be so knowne that no suspicion of danger may arise, and then may the time be shortned at the discretion of the ministry ; but no waycs can we admit marriage to be used secretly how honourable soever the persons be, [and there- fore] the Sonday before noon we think most expedient for mariage, and [that it ought to] be used no day else without the consent of the whole ministerie. * After the years. t Vertue. 106 FIRST BOOK OF 6. Marriage once lawfully contracted, may not be dissolved at man's pleasure, as our master Christ Jesus doth witnes, unlesse adulterie be committed ; which being sufficiently proved in presence of the civill magistrate, the innocent, if they so require, ought to be pronounced free, and the offender ought to suffer death as God hath commanded. If the civill sword foolishly spare the life of the offender, yet may not the kirke be negligent in their office, which is to excommunicate the wicked, and to repute them as dead members, and to pro- nounce the innocent partie to be at freedorae, be they never so honourable before the world : [notheless] if the life be spared, as it ought not to be to the oflenders, and if fruits of repentance of long time appeare in them, and if they earnestly desire to be reconciled with the kirk, we judge they may be received to the participation of the sacraments, and other benefits of the kirk ; for we would not that the kirk should hold them excommunicate whom God absolved, that is, the penitent. 7. If any demand, whether that the offender after recon- ciliation with the kirk, may not marry againe ? we answer, that if they cannot live continently, and if the necessity be such as that they feare further offence of God, we cannot for- bid them to use the remedy ordained of God. If the partie offended, may be reconciled to the offender, then we judge that on nowayes it shall be lawfull to the offender to marry any other, except the partie that before hath been offended ; and the solemnization of the latter mariage must be in the open face of the kirk like as the former, but without procla- mation of bannes. This we do offer as the best counsell that God giveth unto us in so doubtsome a case ; but the most perfect reformation were, if your honours would give to God his honour and glory, that ye would prefcrre his expresse commandment to your own corrupt judgements, especially in ])unishing of these crimes, which he commandeth to be pu- nished with death : for so should ye declare your selves God's true obedient officiars, and your common-wealth should be rid of innumerable troubles. We mcane not, that sinncs committed in our former blindncsse, which be almost buried in oblivion, shall be called again to examination and judge- ment ; but we require that the law may be now and hereafter so established and execute, that this ungodly impunity of sinne have no place within this realme : for in the feare of God we signifie unto your honours, that whosoever perswades DtSCIFLTXE. 107 you, that ye may pardon where God commandeth death, de- ceives your souies, and provokes you to offend God's Ma- jestic. CHAP. XIV. Of Bariall lit 1. Buriall in all ages hath bene holden in estimation to sio-nifie that the same bodie which was committed to the earth should not utterly perish, but should rise againe [in the last day] : And the same we would have kept within this realme, provided that superstition, idolatry, and whatsoever hath pro- ceeded of a false opinion and for advantage sake* may be avoided, [such] as singing of Masse, Placebo, and Dirigc, and all other prayers over or for the dead, which are not onely superstitious and vaine, but also are idolatry, and do repugne to the plaine Scriptures of God. For plaine it is, that every «me that dyeth, departeth either in the faith of Christ Jesus, or departeth in incredulity : Plaine it is that they that depart in the true faith of Christ Jesus rest from their labours, and from death do goe to life everlasting, as by our Master and his Apostles we are taught; but whosoever departeth in un- beleefe or incredulitie, shall never see life, but the wrath of God abides upon him : And so we say that prayers for the dead are not onely superstitious and vaine, but do expresly repugne to the manifest Scriptures and veritie thereof. 2. For avoiding of all inconveniences we judge it best, that neither singing nor reading be at [the] buriall : For albeit things sung and read may admonish some of the living to prepare themselves for death, yet shall some superstitious think that singing and reading of the li^nng may profite the dead. And therefore we think it most expedient, that the dead be conveyed to the place of buriall with some honest company of the kirk, without either singing or reading ; yea, without all kind of ceremony heretofore used, other than that the dead be committed to the grave, with such gravity and sobriety, as those that be present may seeme to feare the judgements of God, and to hate sinne, which is the cause of death. * Advantnge and gain JOS FIRST BOOK OF 3. Wc are not ignorant that some require a sermon at the buriall, or else some place of Scripture to be i-tad, to put the living in minde that they are mortall, and that likewise they must die : But let these men understand, that the sermons Avhich be daily made serve for that use, which if men des- pise, the funerall sermons shall rather nourish superstition and a false opinion, as before is said, then that they shall bring such persons to a godly consideration of their own estate. Attour, either shall the ministers for the most part be occupied in funerall sermons, or else they shall have re- spect of persons preaching at the burialls of the rich and honourable, but keeping silence when the poore and des- pised dcparteth ; and this with safe conscience cannot the minister do : For seeing that before God there is no respect of persons, and that their ministrie appertaineth to all alike, whatsoever they doe to the rich, in respect of their ministery, the same they are bound to doe to the poorest under their charge. 4. In respect of divers inconveniences, we think it not seemly that the kirk appointed for preaching and ministra- tion of the sacraments shall be made a place of buryall, but that some other secret and convenient place, lying in the most free aire, be appointed for that use, which place ought to be walled and fenced about, and kept for that use onely. CHAP. XV. For Reparation of the Kirl'es. 3 . Least that the word of God, and ministration of the sacraments by unseemlinesso of the place, come in contempt, of necessity it is, that the kirk and place w^herc the people ought publickly to convene, be with expedition repaired with dores, windowes, thack, and with such preparation within, as appertaineth as well to the majestic of [the word of] God, as unto the case and commodity of the people. _And becaus(> wc know the slothfulnesse of men in this behalfe, and in all other [affairs], which may not redound to their private commoditie ; strait charge and commandment must be given, that within an ccrtaine day the reparation must be begun, and within another day to "be affixed by your honours, that it may be finished : I^cnaltics and summs of money must bo enjoined, and without pardon taken from the contemners. DISCIPLINE. 109 2. The reparation would be according to the ability and number of kirks. Every kirk must have dores, close win- dowes of glasse, thack [or sclait] able to withold raine, a bell to convocate the people together, a pulpet, a basen for baptiz- ing, and tables* for ministration of the Lord's supper. . In greater kirks, and where the congregation is great in number, must reparation be made within the kirk, for the quiet and commodious receiving of the people. The expenses are to be lifted partly of the people, and partly of the teinds, at the consideration of the ministry. CHAP. XVI. For Punishment of those that prophane the Sacraments, and conterane the Word of God, and dare presume to minister them, not Icing thereto laivfuUy called. 1 . As Satan hath never ceased from the beginning to draw mankind into one of two extremities, to wit, that men should either be so ravished with gazing upon the visible creatures, that forgetting the cause wherefore they are ordained, they attribute unto them a vertue and power, which God hath not granted unto them ; or else that men should so contemns and despise God's blessed ordinances and holy institutions, as if that neither in the right use of them there were any profite, neither yet in their prophanation there were any danger : As this way, we say, Satan hath blinded the most part of man- kinde from the beginning ; so doubt we not, but that he will strive to continue in his malice even to the end. Our eyes have scene, and presently do see the experience of the one and of the other, what was the opinion of the most part of men of the sacrarnent of Christ's bodie and bloud, during the darknesse of superstition, is not unknowne, how it was gazed upon, kneeled unto, borne in procession, and finally wor- snipped and honoured as Christ Jesus himselfe ; and so long as Satan might then retaine men in that damnable idolatrie, he was quiet as one that possessed his kingdome of darknes peaceably. Bnt since that it hath pleased the mercie of God to reveale unto the unthankfull world the light of his word, the right use and administration of his sacraments, he assayes * A tabic. 1 10 FIRST BOOK OF man upon the contrary part : For where not long agoe men stood in such admiration of that idol the masse, that none durst have presumed to have said the masse, but the shaven sort, the beast's marked-men ; some dare now be so bold, as • without all vocation, to minister, as they suppose, the true sacraments in open assemblies ; and some idiots (yet more \vickedly and impudently) dare counterfeit in their house that which the true ministers doe in the open congregations, they presume we say, to doe it in houses without reverence, with- out word preached, and without minister. This contempt proceeds, no doubt, from the malice and craft of that serpent who first deceived man, of purpose to deface the glorie of Christ's Evangell, and to bring his blessed sacraments in a perpetuall contempt : And further, your honours may clearly see how stubbornly and proudly the most part despises the Evangell of Christ Jesus offered unto you, whom unles that sharply and stoutly ye resist, we mean as wel the manifest despiser, as the prophaner of the sacraments, ye shall find them pernicious enemies ere it be long ; and therefore in the name of the eternall God, and of his Son Christ Jesus, we require of your honours that without delay, strait lawes be made against the one and the other. 2. We dare not prescribe unto you what penalties shall be required of such, but this we feare not to affirme, that the one and the other deserve death ; for if he who doth falsifie the scale, subscription or coine of a king is judged worthy of death ; what shall we think of him who plainly doth falsifie the seales of Christ Jesus, [who is the] Prince of the kingfe of the earth ? If Darius pronounced that a balk should be taken from the house of that man, and he himselfe hanged upon it that durst attempt to hinder the re- edifying of the materiall temple [in Jerusalem ;] what shall we say of those, that con- temptuously blaspheme God, and manifestly hinder the [spirituall] temple of God. which is the soules and bodies of the elect, to be purged by the true preaching of Christ Jesus [and right administration of the sacraments,] from the super- stition and damnable idolatry in which they have bene long plunged and holden captive ? If ye, as God forbid, declare your selves carelesse over the true religion, God will not suffer your negligence unpunished : and therefore more earnestly we require that strait lawes may be made against the stubborne contemners of Christ Jesus, and against such as dare presume to minister his sacraments not orderly called DISCIPLINE. Ill to that office, least while that there be none found togainstand impiety, the wrath of God be kindled against the whole. 3. The Papisticall priests have neither power nor authoritie to minister the sacraments of Christ Jesus, because that in their mouth is not the sewnon of exhortation : And therefore to them must strait inhibition be made, notwithstanding any usurpation they have made in the time of blindnesse, [not to presume upon the like hereafter, as likewise to all others who are not lawfully called to the holy ministry,] it is neither the clipping of their ci'ownes, the greasing* of their fingers, nor the blowing of the dumb dogges called the bishops, neither the laying on of their hands, that maketh [true] ministers of Christ Jesus. But the Spirit of God inwardly first moving the heart to seeke [to enter in the holy calling for] Christ's glory and the profite of his kirk, and thereafter the nomina- tion of the people, the examination of the learned, and pub- lick admission as before is said, make men lawfull ministers of the word and sacraments. We speak of the ordinarie vo- cation [in kirks reformed ;] and not of that which is extraor- dinary, when God by himselfe and by his onely power, rais- eth up to the ministerie such as best pieaseth his wisedome. The Conclusion, 1. Thus have we in these few heads offered unto your honours our judgements, according as we were commanded, touching the reformation of things which heretofore have al- together bene abused in this cursed Papistrie. We doubt not but some of our petitions shall appeare strange unto you at the first sight : But if your wisedomes deeply consider, that we must answer not onely unto man, but also before the throne of the eternall God and of his Son Christ Jesus, for the counsell which we give in this so grave a matter ; your honours shall easily consider, that more assured it is to us to fall in the displeasure of all men in the earth, than to offend the Majestie of God, whose justice cannot suffer flatterers and deceitfull counsellors unpunished. 2. That we require the kirk to be set at such liberty, that she neither be compelled to feed idle bellies, neither yet to sustaine the tyrannic which heretofore hath been by violence maintained, we know we shall offend many ; but if we should ''• Crossing, 1 12 IIRST BOOK OF keep silence hereof, we are most assured to offend the just and righteous God, who by the mouth of his apostle hath pronounced this sentence. He that lahoureth not, let him not eate. If we in this behalfe or in any other, require or aske any other thing, then by God's expresse commandenient, [or] by equity and good conscience ;^e are bound to grant, let it be noted and after repudiate : but if we require nothing which God requireth not also, let your honours take heed, how ye gainstand the charge of him whose hand and punishment ye cannot escape. 3. If blind affection rather lead you to have respect to the sustentation of those your carnall friends, who tyrannously have impyred above the flock of Christ Jesus, then that the zeale of Christ Jesus his glorie provoke and move you to set his oppressed kirk at freedome and liberty ; we feare your sharpe and suddaine punishments, and that the glorie and honour of this enterprise [shall] be reserved unto others : and yet shall this our judgement abide to the geneiations follow- ing for a monument and witnesse, how lovingly God called you and this nation to repentance, what counsellours God sent unto you, and how ye have used the same. If obedient- ly ye heare God now calling, we doubt not but he shall heare you in your grcategt necessitie : but if, following your own corrupt judgements, ye contemne his voyce and vocation, we are assured that your former iniquitie, and present ingrati- tude, shall together crave great punishment from God, who cannot long delay to execute his most just judgements, when, after many offences and long blinduesse, grace and mercy offered is contemptuously refused. 4. God the Father of our Lord Jesus Christ, by the power of his Holy Spirit, so illuminate your hearts, that ye may clearly see what is pleasing and acceptable in his presence, and so bow the same to his obedience, that ye may preferre his reveiled will to your own affections : and so strengthen you by the spirit of Witude, that boldly ye may punish vice jmd maintaine vertue within this realme, to the praise and glory of his holy name, to the comfort and assurance of your own consciences, and to the consolation and the good example of the posterity following. Amen. From Edinburgh, the 20th of May 1560, by your Hon- ours most humble Servitours. DISCIPLINE. 113 Act of Secret Counsell IT of January, anno 1560.* Wee which have subscribed thir presents, having advised with the articles herein specified, as is above mentioned from the beginning of this Book, thinkes the same good and con- forme to God's word in all points ; conforme to the notes and additions hereto eiked ; and promises to set the same forward to the uttermost of our powers. Providing that the Bishops, Abbots, Priors, and other Prelates and beneficed men which els have adjoined themselves to us, bruik the revenues of their benefices during their lifetimes ; they sustaining and upholding the ministry and ministers, as herein is specified, for the preaching of the word, and ministring of the sacraments. James Duke of Chatellerault, ancestor to the Duke of Hamil- toun. James Hamiltoun, Earl of Arran, eldest son to the Duke of Chatellerault. Archbald Argyle, ancestor to the Duke of Argyle. James Steuart, Lord James Steuart, then Prior of St. An- drews, afterward Earl of Murray, known by the title of the Good Regent. Rothes, Andrew Earl of Rothes. Marshal, the Earl of Marshal. John of Monteith, Earl of Monteith. Mortoun, James Douglass Earl of Mortoun. Glencairn, the Earl of Glencairn. Boyd, Lord Boyd, ancestor to the Earl of Kilmarnock. William Lord Hay, Lord Yester, ancestor to the Marquess of Tweeddale. Alexander Campbel. M. Alexander Gordon, Bishop of Galloway. Uchiitrie, Steuart Lord Uchiltrie, now extinct. Sanquhare, Lord Sanquhare, ancestor to the Earl of Dumfries. St. Jhones, Sir James Sandelandes of Calder, Lord St. Johns, ancestor to the Lord Torphichen. William of Culross. Drumlangrig, ancestor to the Duke of Queensberry. Lord Lindsay, John Lord Lindsay, ancestor to the Earl of Crawford. * 1561. The year did not begin at that time till the 25th of March. E 1 14 FIRST BOOK OF Maister of Lindsay, Patrick, eldest son to the Lord Lindsay. Bargannie younger, Kennedy laird of Bargannie. Locliinvar, ancestor to the Viscount of Kenmuir. Garleiss, ancestor to the Earl of Galloway. Cunninghamhead . James Haliburtoun. Jhone Lockart of Bar. Johne Schaw of Halie. Scot of Haning. James Maxwell, Master of Maxwell, ancestor to the Earl of Nithsdale. George Lentoun of that Ilk. Andro Ker of Fadonside, Andro Hamiltoun of Lethane. Dean of Murray. [This is probably the same with Alexander Campbell above.] The Duke of Chatellerault, the Earls of Marshal, Mon- teith and Mortoun, the Lord Lindsay, and the Laird of Gar- leiss, are not in the edition printed 1621. But Knox, Spotis- wood and Calderwood, number them amongst the subscribers to this Book of Discipline. The Master of Lindsay is added from Knox and Calderwood. Ane scJiort Somme of the Bulk of Discipline for the Inslruc- tion of Ministers and Reidaris in thair Office. I. Doctrine. — The word of God onlie, quhilk is the New and Auld Testament, sal be taught in everie kirk within this realme, and^all contraire doctrine to the same sal be impugnit and utterlie suppressit. We affirme that to be contrarious doctrine to the word, that man has inventit and imposed upon the consciences of men be lawis, counsallis and constitutions without the ex- presse command of Godis word. Of this kynd ar vowis of chastitie, disgysit apparell, super- stitious observatioun of fasting dayis, difference of meatis for conscience saik, prayer for the dead, calling upon Sanctis, with sic uther inventiouns of men. In this rank ar holie dayis inventit be men, sic as Christimes, Circumcision, Epiphania, Purificatioun, and uthcris fond feastis of our Ladie : with the feastis of the Apostillis, Martyris, and Virgins, with utheris quhilk we judge utterlie to be abolisheit furth of this realme, DISCIPLINE. 115 because they have na assurance in Godis word. All main- teinaris of sic abhominatiouns suld be punishit with the civill sword. The word is sufficient for our salvatioun, and thairfoir all thingis neidfull for us ar conteinit in it. The Scriptures sal be red in privie houses for removing of this fjross ignorance. II. Sacramentis. — The saeramentis of necessitie are joynit with the word, quhilk ar twa onlie, baptisme and the tabill of the Lord. The preaching of the word man preceid the minis- tratioun of the sacramentis. In the dew administratioun of the sacramentis all thingis suld be done according to the word, nothing being addit, nor zit diminisht. The sacramentis suld be ministerit efter the order of the kirk of Geneva. All cere- moneis and reittis inventit be men suld be abolisheit, and the sympill word followit in all poyntis. The ministratioun of the sacramentis in na wayis suld be gevin him in quhais mouth God has not put the word of ex- hortatioun. In the ministration of the tabill sum confortabil places may be red of the Scriptures. III. Idolatrie. — All kynd of idolatrie, and monumentis oi idolatrie, suld be abolishit, sic as places dedicat to idolatrie and relickis. Idolatrie is all kynd of worshipping of God not conteinit in the word, as the mess, invocation of sainctis, ado- ratioun of images, and all uther sic thingis inventit be man. IV. The Ministrie. — No man suld enter in the ministrie without ane lawfull vocatioun. The lawfull vocatioun standeth in the electioun of the peopill, examinatioun of the ministrie, and admissioun be thame baith. The extraordinar vocatioun hae ane uther consideratione, seing it is wrocht only be God inwartlie in menis hartis. No minister suld be intrused upon any particular kirk without thair consent ; but gif ony kirk be negligent to elect, than the superintendent with his counsall suld provyde ane qualife't man within fortie dayis. Nather for raritie of men, necessity of teiching, nor for ony corruptione of time, suld unable personis be admitted to the ministrie. Better it is to have the rowme vaikand, than to have unqualifiet personis, to the sclander of the ministrie and hurt of the kirk. In the raritie of qualifiet men, we suld call unto the Lord, that he of his gudnes wald send forth trew 16 riKST BOOK OF laboreris to his harvest : the kirk and faithfull magistrate suld compell sic as have the giftis, to take the office of teich- ing upon thame. We sould consider first, qnhidder God has geven the giftis, to him quhame we wald choise : for God callis no man to the ministrie, quhame he armes not with necessarie giftis. Personis noted with infamy, or unabill to edefie the kirk be helsome doctrine, or of ane corrupt judgement, suld not be admittit nor zit reteinit in the ministrie ; the Princeis pardon nor reconciliatioun with the kirk takis not away the infamie befoir men : thairfoir publick edictis suld be set furth in all places quhair the persone is knawin, and strait charge gevin to all men to reveill gif they knaw ony capital cryme com- mittit be him, or gif he be sclanderous in his life. Personis proponed be the kirk sal be examinated publicklie be the superintendent and brethren, in the principal kirk of the diocie or province. They sal geif publick declaratione of thair giftis, be the interpretatione of sum places of Scripture. Thay sal be examinated openlie in all the principall poyntis that now ar in contraversie. Quhen they ar approvin be the judgment of the brethren, they suld mak sindrie sermones be- foir thair congregations afoir they be admittit. In thair admission, the office and dewtie of ministeris and peopill sould be declarit be sum godlie and learnit minister. And sua publicklie befoir the people sould they be placeit in thair kirk, and jomit to thair flock at the desire of the samin : uther ceremonies except fasting with prayer, sic as laying on of hands, we judge not necessair in the institution of minis- terie. Ministeris sa placeit, may not for their awin pleasure leva thair awin kirkis ; nor zit thair kirkis refuse thaim, without sum wechtie causis tryit and knawin : but the General As- semblie for guid causes may remove ministeris from place to place without the consent of the particular kirkis. Sic as ar preichers alreddie placeit and not found qualifiet efter this forme of tryall, sal be maid reidaris : and sa for no sort of men sal this rigour of examination be omittit. V. Reidaris. — Reidaris ar bot for a time, till through reid- ing of the Scriptures thay may come to furder knawledge and exerceis of the kirk in exhorting and explaining of the Scrip- tures. No reider sail be admittit within twentie ane zeiris of age, and unless thair be ane hope that be reiding he sal schortlie DISCIPLINE. • 117 com to exhorting. Reiders fund unabill, efter tua zeiris exerceis, for the ministrie, sould be removit, and uthers als lang put in thair rowme. No reider sal attempt to minister the sacramentis, untill he be abill til exhorte and perswad be helsum doctrine. Reideris a landwart sal teiche the zouth of the parochinis. Ministeris and reideris sal begin evir sum buik of the Auld or New Testament, and continow upon it unto the end ; and not to hip from place to place as the Papists did. VI. Provision for Ministeris. — The ministeris stipend sould be moderated that nether thei have occasion to be cairfuU for the world, nor zit wanton nor insolent onywyse. Thair wyfis and children sould be sustenit not onlie in thair time, but also after their death. VII. Elderis and Deaconis. — Men of the best knawledge, judgement and conversatioun, sould be chosin for elderis and deaconis. Thair election sal be zearlie, quhair it may be conveniontlie observit. How the vottis and suffrages may be best resavit u-ith everie nianis fredome in votting, we leif to the judgement of everie particular kirk. Thei sal be pub- licklie admittit, and admonished of thair office, and also the peopil of thair dutie to them, at their first admission. Thair office is to assist the ministeris in their execution ol discipline in all grit and weightie matteris. The elderis sal watche upon all menis maneris, religioun and conversatioun, that ar within thair charge : correct all licentious leveris, or else accuse them befoir the sessioun. Thei sould tak heid to the doctrine, diligence and behavior of thair minister and his househald ; and gif neid be, admo- nishe and correcte thame accordinglie. It is undecent for ministeris to be buirdit in ane ailhouse or taveme, or to hant mekil the court, or to be occupiet in coun- sel of civill affairis. The office of deaconis is to gadder and distribute the almes of the puire according to the directione ofsessione. The dea- conis suld assist the assemblie in judgement, and may reid publicklie gif neid requyris. Elderis and deaconis being judges of uther menis maneris, man with thair houshald leve godlilie, and be subject to the censure of the kirk. It is not necessair to appoynt ane publick stipend for elderis 118 FIRST BOOK cr and deaconis, seing thei ar changed zearlie, and may wait upon thair awin vocatioun with the charge of the kirk. VIII. Superintendentis — The necessitie, nominatioun, exa- mination and institution of superintendentis ar at large con- tenit in the Buik of Discipline : and in monie thingis doe agrie with the examinatioun and admission of ministeris. Principall townis sal not be spoilzeit of thair ministers to be appointit superintendentis. Superintendentis ainis admittit sal not be changed without grit causeis and considerationis. Superintendentis sal have thair awin special kirkis besyde the common charge of utheris. Thei sal not remaine in ane place untill thair kirkis be provydit of ministeris or reideris. Thei sal not remaine abone twentie dayis in ane place in thair visitation till thei pass throw thair boundis. They sal preiche themselfis thryce in the weik at the leist. Quhan thei come hame again to thair awin kirk, thei man be occupyit in preiching and edifieing of the kirk : thei sal not remain at thair cheif kirk abone thrie or- four monethis, hot sal pas agane to thair visitatioun. In thair visitatioun thei sal not onlie preiche ; but als ex- amine the doctrine, life, diligence and behavior of the minis- teris, reideris, elderis and deaconis. They sal consider the ourder of the kirk, the maneris of the peopil, how the puire ar providit, how the zouth ar instructit, how the discipline and policie of the kirk ar koipit, how heinous and horribil crymis ar corrected. They sal admonish, and dress thingis out of ordour, with thair counsel as thei may best. Superintendentis ar subject to the censure and correction not onlie of the synodal conventioun, bot also of thair awin kirk and uther within thair jurisdictioun. Quhatsumevir crime deservis corrcctione or depositione in ony uther minis- ter, the same deservis the lyke in the superintendent. Thair stipend wald be considerit and augmentit abone uther ministeris, be reasone of thair gritt charges and travell. IX. Discipline. — As no common-welth can be governet without executione of gude lawis, na mair can the kirk be re- teined in puritie without discipline. Discipline standeth in the correctione of. these thingis that ar contrarie to Goddis law, for the edefieing of the kirk. All estatis within the realme ar subject to the discipline of the kirk, als weil reuleris and preicheris as the common peopill. DISCIPLINE. 119 In secreit and privie faultis the ordour prescrived be our Maister suld be observed, quhairof we neid not to wryte at length, seing it is largelie declared in the Buik of Excom- munication.* Befoir the sentence proceid, labour sould be takin with the giltie be his friendis, and publick prayer maid for his conver- sione unto God. Quhen all is done, the minister sould ask gif ony man will assuir the kirk of his obedience, and gif ony man promeis than the sentence sail stay for that time. Gif efter publick proclameing of thair namis they promeis obe- dience, that sould be declarit to the kirk quha hard their for- mer rebellione. The sentence being ainis pronounced, na member of the kirk sould have companie with thame under pain of excom- municatione, except sic personis as ar exemit be the law. Thair children sould not be resavit to baptisme in thair name, bot be sum member of the kirk quha sal promeis for the child- ren, and detaist the parentis impietie. Comittaris of horribil crymis worthie of death, gif the civill sword spair them, thei sould be halden as deid to us, and cursed in their factis. Gif God move thair hartis to repentance, the kirk cannot deny thame conciliatione, thair repentance being tryed and fund trew. Some of the elderis sould resave sic personis pub- licklie in the kirk in taken of reconcilatione. X. Mariage. — Personis under cuir of utheris sal not mary without thair consent lauchfullie requyrit. Quhen the pa- rentis and utheris ar hard and stubborn, than the kirk and magistratis sould enter in the parentis rowme, and decerne upone the equitie of the cans without affectione : the kirk and magistrat sal not gute for thame that commit furnicatioun be- loir thay sute the kirk. Promeises of bairnes within age ar null, except thay be ratifeit efter thay cum to age. Band of mariage suld be proclamit upon thrie severall Son- dayis to tak away all excuse of impediment. Commiteris of adulterie suld not be overseit be the kirk, albeit the civil sword oversie thame, but suld be estimit as deid and excommunicate in thair wickit fact. Gif sic oflFer^d- aris desire earnestlie to be reconceilit to the kirk, we dar not * The Book of Excommunication was written in 1567: this Summary was not written till some time alter. 120 FIRST BOOK OF refuse thame, nor excommunicat them quhame God has brocht to repentance. Tne 'pairtie that is provin to be innocent suld be admittit to mariage againe. As for the pairtie offending all dout of mariage wald be rcmovit if the civil sword wald stryk ac- cording to Godis word. XI. Policie. — Policie is ane exerceis of the kirk serving for instructioun of the ignorant, inflaming of the learnit to gritter service, and for reteining of the kirk of God in gude order. Of the partis of policie sum. ar necessar, and sum not ne- cessar absolutlie. Necessar is the trew preiching of the word, the right ministration of the sacramentis, the common-prayeris, the instructioun of the zouth, the support of the puir and the punishment of vice : But singing of psalmis, certaine dayis of the conventionis in the weik, thryse or twise preiching on weik-dayis, certain places of Scripture to be red quhen thair is na sermone, with sic thingis, ar not necessar. In townes we requyre everie day aither sermon or publick prayeris with sum reiding of Scriptures. Publick prayers ar not neidfull in the dayis of preiching, leist thereby we suld nurische the peopill in superstitioun, causing them understand that the publick prayeris succeids to the Papisticall messe. In everi notabil towne we requyre that at the leist anis in the weik beside the Sunday the haill peopill convene to the preiching. The Sunday man be keipit straitlie in all townis baith be- foir none and efter for heiring of the word. At afternone upon the Sunday the Catechisrae sal be taught, the children examinated, and the baptisme ministerit. Publick prayeris sal be usit upon the Sunday als weill after none as befoir, quhen sermones cannot be had. It apperteinis to the policie of everie particular kirk to ap- poynt the time quhen the sacramentis sal be ministerit. XII. Baptisme. — Baptisme may be ministerit quhansoever the word is preichit, bot we think it maist expedient, that it be ministerit upon Sunday, or upon the day of common pray- eris : Thus we tak away that error of the Papistis concerning the estait of the infantis depairting without baptisme. We bring the ministratioun of baptisme to the presence of the peopill, to be keipit in gritter reverence, and to put everie ane in rememberance of the promesis of baptisme, in the quhilk now mony wax faint and cauld. DISCIPLINE. 121 XIII. The TahilL— The tabill of the Lord sal be minis- terit foure times in the zeir, and out of the times of super- stitione. We judge the first Sunday of March, Junii, Sep- tember and December to be the meitest : Bot this we leve to the judi^ement of the particular kirkis. Let all ministeris be mair diligent to instruct the ignorant, and to suppress superstitioun, than to serve the vaine ap- petytes of men. The ministratioun of the tabill suld never be without scharp examinatioun, ganging befoir ; cheiflie of thame quhais life, ignorance, or religioun is suspectit. Quha can nocht say the Lordis Prayer, the Articles of the Faith, and declare the soume of the law suld not be admittit. Quhoso will stubburnly remaine ignorant of the principall poyntis of our salvation suld be excommunicat, with thair parentis and raaisteris that keip thame in that ignorance : Everie maister of houshald suld be commandit aither to instruct his children and servants, or cause thame be instructit ; and gif thay will not, the kirk suld proceid agains thame. It is verie neidfull that publick examinatioun of everie per- sone be maid at the leist anis in the zeir, be the ministeris and elderis. Everie maister and maisteris of houshald suld cum with thair houshald and familie to give confessioun of thair faith, and answer to the principall poyntis of our religioun. We think it verie expedient that prayeris be had dayly in privie houses at morne and at nicht, for the confort and instruc- tion of utheris ; and this to be done be the maist grave and discreit persone of the house. XIV. The Exerceis. — In townis quhair lernit men ar, the exerceis of the Scriptures suld be weiklie. In this exer- ceis thre onlie sal speik to the opening of the text and edefeing of the peopill. This exerceis sal be upon sum places of Scripture, and openlie that all that will may heir and speik thair judgment to the edefeing of the kirk. In this kynd of exerceis the text is onlie openit without any digressing or ex- ortation, following the file and dependance of the text, con- futing all errors as occasion sal be geven. Na man suld move a questioun the quhilk himself is na abill to solve. The exerceis being endit, the ministeris and elderis present suld convene apairt and correct the thingis that hes bein done or spokin without ordor, and not to the edefeing of the kirk. In this public exerceis all afieetatioun and vaine curiositie 122 FIRST BOOK OF man be abone all thingis eschewit, leist for edefeing we suld slander the kirk of God. Ministeris within sax myles about, suld cum in willinglie, and alse reideris that wald profeit suld cum baith to teich uthers and to lerne : Uthers lernit men to quhame God has gevin the gift of interpretatioun, suld be chairgit to joyn themselfis. XV. Schulis — Because schulis ar the seid of the ministrie, diligent cair suld be takin over thame that thay be orderit in religioun and conversatioun according to the word. Everie towne suld have ane schule-maister, and a land wart the mini- ster or reider suld teich the childrein that cum to thame : Men suld be compellit be the kirk and magistratis to send thair baimes to the schulis, pure menis childrein suld be helpit. XVI. Universities. — The universities suld be erectit in this realme Sanct Andros, Glasgow and Aberdein : Thair order of proceiding, provision, and degreis with thair reideris and oflficeris, ar at length declarit in the Bulk of Discipline ; how mony collegis, how mony classes in everie college, and quhat suld be taucht in everie class in thair expressit. A contributioun sal be maid at the entrie of the studentis for the uphalding of the .place : And ane sufficient stipend is ordeinit for everie member of the universitie according to thair degrie. Xyil. Rentis of the Kirk.^T\iQ haill rentis of the kirk abusit in Papistrie, sal be referrit againe to the kirk, that thairbe the ministrie, schulis, and the puir may be menteinit within this realme according to thair first institutioun. Everie man suld be sufferit to leid and use his awin teithis, and nocht man suld leid ane uther manis teithis. The uper- mest claithe, the cors-present, the cleirk-meill, the pasche oflPeringis, teithe-ale and haill uther sic thingis suld be dis- chargit. The deaconis suld tak up the. haill rentis of the kirk, dis- poning thame to the ministrie, the schulis and puir within thair bounds according to the appointment of the kirk. All Frearies, Noneries, Chantereis, Chapelanreis, Annual- rentis and all thingis dotit to the hospitalitie sal be reducit to the help of the kirk. Merchantis and craftismen in burgh, suld contribute to the support of the kirk. DISCIPLINE. 123 XV II I. Buriall. — We desire that buriall be sa honour- ablie handlit that the hoip of our resurrectioun may be nuris- chit ; and all kynd of superstition 3, idolatrie, and quhatsum- ever thing proceideth of the fals opinione may be avoided. At the buriall nether singing of psalmis nor reiding sal be usit, leist the peopill sould be nurischit thairbe in that auld superstitioun of praying for the deid : But thi we remitt to the judgement of the particular kirkis with advyce of the ministeris. All superstitioun being removit, ministeris sal not be burdenit with funeral sermonis, seing that daylie ser- monis are sufl&cient aneuch for ministering of the living. Buriall sould be without the kirk in ane fine air, and place wallit and keipit honourabillie. XIX. Repairing of Kirkis. — The kirk dois crave maist eamestlie the Lordis thair assistance for hastie prepairing of all paroch kirkis, quhair the peopill suld convene for the heir- ing of the word and resaving of the sacramentis : This repara- tioun sould not onlie be in the wallis and fabrick, bot alse in all thingis neidfull within, for the peopill and decencies of the place appoyntit for Godis service. XX. Punishment of Pro/aneris of the Sacramentis. — We desire strait lawis to be maid for punischment of thame that abuse the sacramentis, als weill the ministeris as reideris. The halie sacramentis ar abusit quhen the minister is not lauchtuUie callit, or quhen they are gevin to opin injurareis of the treuth or to profane leiveris ; or quhen thay are minis- terit in an privie place without the word preichit. The exempils of Scripturis do plainlie declair that the abuseris of the sacramentis, and contemneris of the word, ar worthie of deith. This our judgment for reformatioun of the kirk sal beir witnes, baith befoir God and man, quhat we have cravit of the nobilitie, and how they have obey it our leiving admoni- tiounis. Thus far out of the Buik of Discipline quhilk was sub- scryvit be the Kirk and Lordis. THE SECOND BUIK OF DISCIPLINE, OR HEIDIS AND CONCLUSIONES OF TPIE POLICIE OF THE KIRK, AGREED UPON TN THE GENERAL ASSEMBLY 1578 : Inserted in the Registers of Assembly 1581 ; Sworn to in the National Covenant, revived and ratified by the Assembly 1638, and by many other Acts of Assembly. AND ACCORDING TO "WHICH, THE CHURCH GOVERNMENT IS ESTABLISHED BY LAW, AN. 1592 & 1690. 1 Cor. xiv. 40. " Let all things be done honestly, and by order." THE SECOND BUIK OF DISCIPLINE, oil HEIDIS AND CONCLUSIONES OP THE POLICIE OF THE KIRK. CHAP. I. Of the Kirk and Policie thereof in generall, and quherein it is different from the Civil Policie. 1. The kirk of God is sumtymes largelie takin, for all them that professe the Evangill of Jesus Christ, and so it is a company and fellowship not onely of the godly, but also of hypocrites professing alwayis outwardly ane true religion. Uther tymes it is takin for the godlie and elect onlie, and sumtymes for them that exercise spiritual function amongis the congregation of them that professe the truth. 2. The kirke in this last sense hes a certaine power grantit be God, according to the quhilk it uses a proper jurisdiction and governement, exerciseit to the confort of the hole kirk. This power ecclesiasticall is an authoritie grantit be God t^e Father, throw the Mediator Jesus Christ, unto his kirk gatherit, and having the ground in the word of God ; to be put in execution be them, unto quhom the spirituall govern- ment of the kirk be lawful calling is committit. 3. The policie of the kirk flowing from this power, is an order or forme of spirituall government, quhilk is exercisit be the members appoyntit thereto be the word of God : And therefore is gevin immediatly to the office-beararis, be quhom it is exercisit to the weile of the hole bodie. This power is diverslie usit : For sumtyme it is severally exercisit, chiefly 4 128 SECOND BOOK OF by the teacharis, sumtyme conjunctly be mutuall consent of them that beir the office and charge, efter the forme of judge- ment. The former is commonly callit potestas ordinis, and the uther potestas jiirisdictionis. These two kinds of power have both one authority, one ground, one finall cause, but are different in the manner and forme of execution, as is evident be the speiking of our Master in the 16 and 18 of Matthew. 4. This power and policie ecclesiasticall, is different and distinct in the awin nature from that power and policie, quhilk is callit the civill power, and appertenis to the civill govern- ment of the common welth : Albeit they be both of God, and tend to one end, if they be rightlie usit, to wit, to advance the glorie of God, and to nave godlie and gud subjectis. 5. For this power ecclesiasticall flowes immediatlie from God, and the Mediator Jesus Christ, and is spirituall, and not having a temporall heid on earth, bot onlie Christ, the onlie spirituall King and Governour of his kirk. 6. It is a title falslie usurpit be Antichrist, to call himselfe heid of the kirk, and aucht not to be attribute to angel nor man, of what estait that ever he be, saving to Christ the onlie Heid and Monarch of the kirk. 7. Therefore this power and policie of the kirk, sould leane upon the word immediatlie, as the onlie ground thereof, and sould be tane from the pure fountaines of the Scriptures, the kirk hearing the voyce of Christ the onlie spirituall King, and being rewlit be his lawes. 8. It is proper to kings, princes and magistrates to be callit lordis, and dominators over their subjectis, whom they govern civilly, bot it is proper to Christ onlie to be callit Lord and Master in the spirituall government of the kirk, and all uthcrs that beiris office therein, aucht not to usurp dominion therein, nor be callit lordis, bot onlie ministeris, disciples, and ser- vantis. For it is Christis proper office to command and rewll his kirk universall, and every particular kirk, throw his spirit and word, be the minstrie of men. 9. Notwithstanding, as the ministeris and uthers of the ec- clesiasticall estait ar subject to the magistrat civill, so aucht the person of the magistrat be subject to the kirk spiritually, and in ecclesiasticall government. And the exercise of both these jurisdictiones cannot stand in one person ordinarilie. The civil power is callit the power of the sword, and the uther the power of the keyes. 10. The civill power sould command the spiritual to exercise DISCIPLINE. 129 and doe their office according to the word of God : The spi- ritual rewlaris sould requyre the Christian magistrate to mi- nister justice, and punish vyce, and to maintaine the libertie and quietness of the kirk within their boundis. 11. The magistrate commandos externall thingis for exter- nall peace and quyetnes amongis the subjects : The minister handles externall thingis onlie for conscience cause. 12. The magistrat handles externall things onlie, and ac- tions done befoir men : Bot the spiritual rewlar judges both inward affectionis and externall actionis, in respect of consci- ence, be the word of God. 13. The civil magistrat craves and gettis obedience be the sword, and uther externall meanis : Bot the ministrie* be the spiritual sword, and spirituall meanis. 14. The magistrat neither aucht to preich, minister the sa- cramentis, nor execute the censuris of the kirk, nor yet pre- scryve any rewll how it sould be done ; bot command the ministeris to observe the rewll commandit in the word, and punish the transgressouris be civill mcanes : The ministeris exerce not the civill jurisdictioun, bot teich the magistrat how it sould be exercit according to the word. 15. The magistrat aucht to assist, mentain and fortifie the jurisdiction of the kirk. The ministeris sould assist their princes in all thingis agreiable to the word, providing they neglect not their awin charge be involving themselfis in civil affairis. Finally, as ministeris are subject to the judgement and punishment of the magistrat in externall things, if they of- fend : So aucht the magistratis to submit themselfis to the dis- cipline of the kirk, gif they transgresse in matteris of consci- ence and religioun. CHAP. II. Of the Pairtes of the Policie of the Kirk, and Persons or Ojice-heiraris to whom the Administratioun is committit. 1. As in the civill policie the haill common welth consistis in them that ar governours or magistratis, and them that ar governit or subjects. So in the policie of the kirk sum ar ap- * The copie in Spottiswood's History hath " the minister.'' An old manuscript hath, " the ministeris." 130 SECOND BOOK OF pointit to be rewlaris, and the rest of the members thereof to be rewlit, and obey according to the word of God, and inspira- tioun of his spirit, alwayis under one heid and chiefe gover- nour Jesus Christ. 2. Againe, the haill policie of the kirk consisteth in three things, viz. in doctrine, discipline, and distribution. With doctrine is annexit the administratioun of sacramentis. And according to the pairtes of this division, arisis a threfald sort of office-beiraris in the kirk, to wit, of ministeris or preachers, eldaris or governours, and deaconis or distributeris. 3. And all these may be callit be ane generall word mi- nisters of the kirk. For albeit the kirk of God be rewlit and governit be Jesus Christ, who is the onlie King, hie Priest, and Heid thereof, yit he useis the ministry of men, as the most iiecessar middis* for this purpose. For so he hes from tyme to tyme, befoir the law, under the law, and in the tyme of the Evangell for our great comfort raisit up men indewit with the giftis of his Spreit, for the spirituail government of his kirk, exercising be them his awin power, throw his Spreit and word to the beilding of the same. 4. And to take away all occasion of tyrannie, he willis that they sould rewl with mutuall consent of brother, and equality of power, every one according to thair functiones. 5. In the Isew Testament, and tyme of the Evangell, he hes usit the ministry of the apostles, prophetis, evangelistes, pastouris and doctoris in the administratioun of the word : the elderschip for gude order, and administratioun of discipline : the deaconschip to have the cure of the ecclesiasticall gudis. 6. Sum of thir ecclesiasticall functiones ar ordinar, and sum extraordinar or temporarie. There be three extraordinaiy functiones, the office of the apostle, of the evangelist, and of the prophet, quhilkis ar not perpetuall, and now have ceisit in the kirk of God, except quhen it pleasit God extraordinarly for a tyme to steir sum of them up againe. There are foure ordinarie functiones or offices in the kirk of God, the office of the pastor, minister or bishop ; the doctor ; the presbyter or eldar ; and the deacon. 7- Thir offices ar ordinar, and aucht to continue perpetually in the kirk, as necessar for the government and policie of the same, and no moe offices aucht to be receivit or suffi^rit in the trew kirk of God, establishit according to his word.f * A n old manuBcript hath, "as maist necessar servandis for his purpose.'' t An old manuscript hath, " be his »vord.'' DISCIPLINE. 1 3 I 8. Therefore all the ambitious titles inventit in the king- dome of antichrist, and in his usurpit hierarchie, quhilkis ar not of ane of these foure sorts, togither with the offices de- pending thereupon, in ane word aucht all utterlie to be rejectit. CHAP. III. Hoxu the Persones that heir Ecclesiasticall Functiones, ar ad- mitted to thair Office. 1. Vocation or calling is common to all that sould beir office within the kirk, quhilk is a lawfull way, be the quhilk quali- fiet persones ar promotit to any spiritual office within the kirk of God : without this lawful calling it was never leisum to any person to medle with any function ecclesiasticall. 2. There are twa sorts of calling, ane extraordinar be God himself immediatelie, as war of the prophetis and apostiles, quhilk in kirks establishit, and well already reformit hes no place. 3. The uther calling is ordinar, quhilk besydes the calling of God, and inward testimonie of a good conscience, hes the lawfull approbation and outward judgement of men, accord- ing to Godis word, and order establishit in his kirk. Nane aucht to presume to enter in any office ecclesiasticall without he have this testimony of a good conscience before God, who only knaws the hartis of men. 4. This ordinar and outward calling, hes twa parts, elec- tion and ordination. Election is the chusing out of a person or persons maist abile to the office that vaikes, be the judge- ment of the elderschip and consent of the congregation, to whom the person, or persons beis appointed. The qualities in generall requisite in all them wha sould beir charge in the kirk, consist in soundness of religion, and godlines of lyfe, ac- cording as they ar sufficiently set furth in the word. 5. In this ordinar election* it is to be eschewit, that na person be intrusit in ony of the offices of the kirk, contrar to the will of the congregation to whom they ar appointed, or without the voice of the elderschip. Nane aucht to be in- * An old maDuscript and some printed copies have, " in the order of election." 132 SECOND BOOK OF trusit, or placeit* in the places alreadie plantit, or in any roume that vaikes not, for any wardlie respect : and that quhilk is callit the benefice aucht to be nothing else, but the stipend of the ministers that ar iawfullie callit.f 6. Ordinatione is the separatione and sanctifying of the persone appointit to God and his kirk,J eftir he be weill tryit and fund qualifiet. The ceremonies of ordinatione are fast- ing, earnest prayer, and imposition of hands of the elderschip. 7. All thir, as they must be raisit up be God, and be him made able for the wark quhairto they are callit ; so aucht they knaw their message to be limitit within Gods word, without the quhilk bounds they aucht not to passe. All thir sould tak these titles and names onlie (leist they be exaltit and puft up in themselfis) quhilk the Scriptures gevis unto them, as these quhilks import labour, travell and wark ; and ar names of offices, and service, and not of idleness, dignitie, wardlie honour or preheminence,§ quhilk be Christ our Maister is expreslie reprovit and forbidden. 8. All these office-beararis sould have their awin particular flockis amongst whom they exercise their charge, and sould mak residence with them, and tak the inspection and over- sicht of them, every ane in his vocation. And generallie thir twa things aucht they all to respect, the glorie of God, and edifieing of his kirk, in discharging their devvties in their callings. CHAP. IV. Of tlie Ojice-beararis in particular, and first of the Pastoris or Ministeris. 1. Pastors, bischops, or ministers, ar thay wha ar appointit to particular congregationes, quhilk they rewll be the word of God, and over the quhilk they watch. In respect whairof, sumetyme they ar callit pastors, becaus they feid their con- * An old manuscript hath, *' or enterit in the places ;" the copie which is in Spottiswood's History, " or placed in the ministery in place." t An old manuscript hath, " callit and electit.'' X The old manuscript hatb, *'be God and his kirk." Spottiswood hath, '* by," &c. § Some copies have, '' honour or warldlie preferment.'' DISCIPLINE. 133 gregcation ; sumetyme episcopi, or bischops, because they watch over their flock ; sumetymes ministers be reason of their ser%ace and office ; and sumetymes also presbyters or seniors, for the gravity in manners, quhilk they aucht to have in taking cure of the spirituall government, quhilk aucht to be most deir unto them. 2. They that are callit unto the ministrie, or that offer themselfis thereunto, aucht not to be electit without ane cer- tain flock be assignit unto them. 3. Na man aucht to ingyre himselfe, or usurpe this office without lawfull calling. 4. Thay that ar anis callit be God, and dewlie electit be man, eftir that they have anis acceptit the charge of the minis- trie, may not leive their functions : the desertours sould be admonisnit, and in case of obstinacie finallie excommunicate. 5 Na pastor may leive his flock without licence* of the provincial! or national! Assemblie, quhilk gif he do eftir ad- monition not obeyit, let the censures of the kirk strike upon him. 6. Unto the pastors apperteinis teaching of the word of God, in season and out of season, publicklie and privatelie, alwayes travelling to edifie and discharge his conscience, as Gods word prescryves to him. 7. Unto the pastors onlie apperteins the administration of the sacramentis, in lyke manner as the administration of the word : for baith ar appointit be God as meanes to teach us, the ane be the ear, and the uther be the eyes and other senses, that be baith knawledge may be transferrit to the mynde. 8. It apperttinis be the same reason to the pastors to pray for the people, and namely for the flock committed to his charge, and to blesse them in the name of the Lord, who will not suffer the blessings of his faithful! servants to be frustrat. 9. lie aucht also to watch over the manners of his flock, that the better he may apply the doctrine to them in repre- hending the dissolute persons, and exhorting the godlie to continue in the feir of tlie Lord. 10. It apperteines to the minister eftir lawfull proceidingf be the elderschip, to pronounce the sentence of binding and lowsing upon any person, according unto the power of t}ie keyes grantit unto the kirk. * An old manuscript hath, *' advyce.'' t An old mauuscript hath, ^' it apperteinis to the mioister be lawfull preconoluding with the eldership," &c, 134 SECOND BOOK OF 11. It belongs to him lykewyse, eftir lawfull proceiding in the matter be the eldersehip, to solemnizate marriage betwixt them, that ar to be joynit therein ; and to pronounce the bless- ing of the Lord upon them, that enter in that holie band in the feir of God. 12. And generallie all publick denunciations that ar to be made in the kirk before the congregation, concerning the ec- clesiasticall affaires belong to the office of a minister ; for he is as a messenger and herauld betwix God and the people in all these affairs. CHAP. V. Of Doctors and thair Office, and of the Schoolis. 1. Ane of the twa ordinar and perpetuall functions that travell in the word, is the office of the Doctor, quha also may be callit Prophet, Bischop, Elder, Catechizar, that is, teacher of the catchisme and rudiments of religione. 2. His office is to open up the mynde of the Spirit of God in the Scriptures simplie, without sic applications as the minis- ters usis, to the end that the faithful! may be instructit, and sound doctrine teichit, and that the purity of the Gospell be not corruptit throw ignorance or evill opinions. 3. He is different from the pastor not onely in name, but in diversity of gifts. For to the Doctor is gine the word of knawledge, to open up be simple teiching the mysteries of faith ; to the pastor the gift of wisedome, to apply the same be exhortation to the manners of the flock, as occasion craveth. 4. Under the name and office of a Doctor, we comprehend also the order in schooles, coUedges and universities, quhilk hes bene from tyme to tyme carefullie maintainit als weill amang the Jewes and Christians as amangs the prophane nations. 5. The Doctor being an elder, as said is, sould assist the pastor in the government of the kirk, and concurre with the elders his brethren in all assemblies ; be reason the interpre- tation of the word, quhilk is onlie judge in ecclesiasticall matters, is committit to his charge. 6. Bot to preich unto the people, to minister the sacraments, and to celebrate manages, preteinis not to the Doctor, unlesse DISCIPLINE. 135 Ke be utherwyse callit ordinarly ; howbeit the pastor may teich in the schoolis, as he wha hes also the gift of knawledge oftentimes meit therefore, as the examples of Polycarpus and lathers testifie. CHAP. VI. Of Elders, and their Ofice. 1. The word Eldar in the Scripture sumetyme is the name of age, sumetyme of office, when it is in the name of ane office, sumetyme it is taken largely, comprehending als weill the pas- tors and Doctors, as them who ar callit seniors or elders. 2. In this our division, we call these elders, whom the Apostles call presidents or governours. Their office as it is ordi- nar, so is it perpetuall, and alwayes necessar in the kirk of God. The elderschip is a spirituall function, as is the minis- trie. Eldars axils lawfully callit to the office, and having gifts of God meit to exercise the same, may not leive itao-uin. Albeit sic a number of eldars may be chosen in certane con- gregations, that ane pairt of them may reliefe anuther for a reasonable space, as was among the Levites under the law in serving of the temple. The number of the eldars in every con- gregation cannot weill be limitit, but sould be according to the bounds and necessitie of the people. 3. It is not necessar that all elders be also teichars of the word, albeit the chief aucht to be sic,* and swa ar worthie of double honour. What manner of persons they aucht to be, we referre it to the expresse word of God, and namely the Canons written be the Apostle Paul. 4. Their office is als weill severallie, as conjunctlie, to watch diligently upon the flock committit to their charge, baith publickly, and privately, that na corruption of religion or manners enter therein. o. As the Pastors and Doctors sould be diligent in teiching and sawing the seid of the word, so the elders sould be cair- full in seiking the fruit of the same in the people. 6. It apperteines to them to assist the pastor in examination of them that cumis to the Lords table : Item, in visiting the sick. * The copie in Spottiswood's History and several manuscripts have, '• albeit chieiiy they aucht to be sic." 136 SECOND BOOK OP 7. They sould cause the actes of the Assemblies, als weill particular as generall, to be put in execution cairfullie.* 8. They sould be diligent in admonishing all men of their dewtie according to the rewl of the Evangell. Things that they cannot correct be privat admonitions, they sould bring to the assemblie of the elderschip. 9. Their principall office is to hald assemblies with the pastors, and doctors who ar also of thair number, for estab- lishing of gude order, and execution of discipline. Unto the quhilks assemblies all persones ar subject that remain within thair bounds. CHAP. VIl. Of the Elderschips, and Assemblies, and Discipline. 1. Elderschips and assemblies are commonlie constitute of Pastors, Doctors, and sic as we commonlie call Elders, that labour not in the word and doctrine, of quhom*and of whais severall power hes bene spokin, 2. Assemblies ar of lour sortis. For aither ar they of particular kirks and congregations ane or ma, or of a province, or of ane haill nation, or of all and divers nations professing one Jesus Christ. 3. All the ecclesiasticall assemblies have power to convene lawfully togidder for treating of things concerning the kirk, and perteining to thair charge. They have powerto appoynt tymes, and places to that effect ; and at ane meiting to ap- point the dyet, time and place for anuther. 4. In all assemblies ane moderator sould be chosen be common consent of the haill brethren convenit, who sould propone matters, gather the votes, and cause gude ordor to be keipit in the assemblies. Diligence sould be taken, chiefly be the moderator, that onlie ecclesiasticall things be handlit in the assemblies, and that there be na medling with ony thing preteining to the civill jurisdiction. 5. Every assembly hes power to send furth from them of their a win number, ane or moe visitours to sie how all things beis rewlit in the bounds of thair jurisdiction. Visitation of mae kirks is na ordinar office ecclesiastick in the person of ane * An old manuscript hatb, •' als weill particular, as provincial or generall.'' DISCIPLINE. 137 man, naither may the name of a Bischop be attribute to the visitor onlie, naither is it necessar to abyde alwayes in ane mans person, but it is the part of the elderschip to send out qualifeit persons to visit ^;ro re nata. 6. The finall end of all assemblies is first to keip the re- ligion and doctrine in puritie, without error and corruption. Next, to keip cumelines and gude order in the kirk. 7. For this orders cause, they may make certane rewls and constitutions apperteining to the gude behaviour of all the members of the kirk in thair vocation. 8. They have power also to abrogate and abolish all sta- tutes and ordinances concerning ecclesiasticall matters that are found noysome and unprofitable, and agrie not with the tyme, or ar abusit be the people. 9. They have power to execute ecclesiastical discipline and punishment upon all transgressors, and proud contemners of the gude ordor and policie of the kirk, and swa the haill dis- cipline is in thair hands. 10. The first kynde and sort of assemblies, although they be within particular congregations, yet they exerce the power, authoritie, and jurisdiction of the kirk with mutuall consent, and therefore beir sumtyme the name of the kirk. When we speik of the elders of the particular congregations, we mein not that every particular parish kirk can, or may have their awin particular elderschips, specially to landwart, bot we think thrie or four, mae or fewar particular kirks, may have ane common elderschip to them all, to judge thair ecclesias- ticall causes. Albeit this is meit that some of the elders be chosen out of everie particular congregation, to concurre with the rest of their brethren in the common assemblie, and to take up the delations of ofiences within their awin kirks, and bring them to the Assemblie. This we gather of the prac- tise of the primitive kirk, where elders or colleges of seniors were constitute in cities and famous places. 11. The power of thir particular elderschips, is to use dili- gent labours in the boundis committit to thair charge, that the kirks be kepit in gude order, to inquire diligently of nauchtie and unruly persons, and to travel! to bring them in the way againe, aither be admonition or threatning of Gods judgements, or be correction. 12. It pertaines to the elderschip to take heid, that the word of God be purely preichit within their bounds, the sa- craments rightly ministrat, the discipline rightly mantenit, and the ecclesiasticall gudes uncorruptlie distributit. 138 SECOND BOOK OF 13. It belangs to this kynde of assembly, to cause the ordinances made be the assemblies provincial], nationall, and generall, to be keipit, and put in execution. To mak consti- tutions quhilk concerne to -pr^'ijrov in the kirk, for the decent order of these particular kirks* where they governe : Pro- vyding they alter no rewls made by the general or provinciall assemblies foresein of these rewls that they sal mak, and abolish them that tend to the hurt of the same. 14. It hes power to excommunicat the obstinat. 15. The power of election of them who beir ecclesiasticall charges, perteines to this kynde of assemblie, within thair awin bounds, being well erectit, and constitute of many pas- tors and elders of sufficient abilitie. 16. By the like reason their deposition also perteins to this kynde of assemblie, as of them that teich erronious and corrupt doctrine ; that be of sclandrous lyfe, and efter admonition desist not ; that be gine to schisme or rebellion against the kirke, manifest blasphemie, simonie, corruption of brybes, falsett, perjurie, whorcdome, thift, drunkennes, feghting worthy of punishment be the law, usurie, dancing, infamie, and all uthers that deserve separation fra the kirk : These also who are fund altogither un sufficient to execute their charge sould be deposit. Quhairof uther kirks wald be advertisit, that they receive not the persons deposit. 17. Yit they aucht not to be deposit, wha throw age, sick- nes, or uther accidents, become unmeit to do thair office ; in the quhilk case their honour sould remain to them, their kii'k sould manteiu them ; and uthers aucht to be provedit to do thair office. 18. Provinciall assemblies we call lawful conventions of the pastors, doctors, and uther eldaris of a province, gatherit for the common affiiires of the kirkes thereof, quhilk also may be callit the conference of the kirk and brethren. 19. Thir assemblies are institute for weighty matters, to be intreatit be mutuall consent and assistance of the brethren within that province, as neid rcquyres. 20. This assemblie hes power to handle, order, and re- dresse all things ommittit or done amisse in the particular as- semblies. It hes power to depose the office-beirers of that province for gude and just causes deserving deprivation. And generallie thir assemblies have the haill power of the particu- lar elderschips whairof they ar coUcctit. 21. The nationall assemblie quhilk is generall to us. is a * All old manuscript hath, " Paroch kirks.'' DISCIPLINE. 139 lawfull convention of the haill kirks of the realm or nation, where it is usit and gatherit for the common affaires of the kirk ; and may be callit the generall eldership of the haill kirk within the realme. Nane ar subject to repaire to this assemble to vote bot ecclesiasticall persons to sic a number as shall be thocht gude be the same assemblie : Not excluding uther persons that will repaire to the said assemblie to pro- pone, heir and reason. 22. This assemblie is institute, that all things aither omittit, or done amisse in the provincial! assemblies, may be redressit and handlit ; And things generally ser\ang for the weill of the haill bodie of the kirk within the realme may be foirsein, intreatit, and set furth to Godis glorie. 23. It sould tak cair, that kirks be planfit in plnces quhair they are not plantit. It sould prescryve the rewll how the uther twa kynds of assemblies sould proceid in all things. 24. This assemblie sould tak heid, that the spirituall juris- diction and civill be not confoundit to the hurt of the kirk : That the patrimonie of the kirk be not consumit* nor abusit : And generallie concerning all weighty affaires that concerne the Weill and gude order of the haill kirks of the realm, it audit to interpone authoritie thairto. 25. There is besydes these, an uther mair generall kynde of assemblie, quhilk is of all nations and estaits of persons within the kirk, representing the universall kirk of Christ : Quhilk may be callit properlie the Generall Assemblie or Generall Councell of the haill kirk of God . These assemblies wer appoyntit and callit together, speci- ally when ony great schisme or contraversie in doctrine did aryse in the kirk, and wer convocat at command of go'dlie emperours being for the tyme, for avoiding of schismes within the universal kirk of God : Quhilk because they apperteine not to the particular estait of ane realme, we ceis further to speik of them. CHAP. VIII. 0/ the Deaconis and tkair Office, the last ordinar function in the Kirk. 1. The word Aidxovof sumtymes is largely takin, compre- hending all them that beir office in the ministrie and spirituaU * An old icaDuscript bath, " diminishit or abusit." 140 SECOND BOOK OF function in the kirk : Bot now, as we speik, it is taken only for them, unto whom the collection and distribution of the almes of the faithful! and ecclesiasticall gudes does belang. 2. The office of the deacons sa takin, is an ordinar and perpetuall ecclesiasticall function in the kirk of Christ. Of what properties and dewties he oucht to be that is callit to this function, we remit it to the manifest Scriptures. The deacon aucht to be callit and electit as the rest of the spiritu-. all officers, of the quhilk election was spokin befoir. 3. Thair office and power is to receave, and to distribute the haill ecclesiasticall gudes unto them to whom they ar appoyntit. This they aucht to do accordmg to the judgement, and appoyntment of the Presbyteries or elderschips (of the quhilk the deacons ar not) that the patrimonie of the kirk and puir be not convertit to privat mens usis, nor wrangfullie dis- tributit. CHAP. IX. Of the Patrimonie of the Kirk and Distribution tliairof. 1. Be the patrimonie of the kirk, we mein whatsumever thing hath bene at ony tyme before, or shall be in tymes com- ing gevin ; or be consent or universall custome of countries professing the Christian religion, applyit to the publique use and utilitie of the kirk. Swa that under the patrimonie we comprehend all things gevin, or to be gevin to the kirk and service of God, as lands, biggings, possessions, annual-rents, and all sic lyke, wherewith the kirk is dotit, aither be dona- tions, foundations, mortifications or ony uther lawfull titles, of Kings, Princes, or ony persons inferiour to them ; togither vnth the continuall oblations of the faithfull. We compre- hend also all sic things as be lawis or custome, or use of coun- tries, hes bene applyit to the use and utilitie of the kirk ; of the quhilk sort ar teinds, manses, gleibs and sic lyke, quliilks be common and municipal! lawis and universall custome ar possessit be the kirk. 2. To tak ony of this patrimonie be unlawfull meinis, and convert it to the particular and profane use of ony person, we bald it ane detestable sacriledge befoir God. 3. The gudes ecclesiasticall aucht to be collectit, and dis- tributit be the deacons, as the word of God appoynts, that they who beir office in the kirk be providit for without cair or soli- DISCIPLINE. 141 citucle. In the apostolicall kirk, the deacons wer appoyntit to collect and distribute quhatsumevir was collectit of the faith- full to distribute unto the necessitie of the saincts ; sa that nane lackit aniang the faitlifull. These collections war not onlie of that quhilk was collectit in manner of almes, as sume suppose ; bot of uther gudes, moveable and unmoveable, of lands and possessions, the price quhairof was brocht to the feit of the Apostles. This office continuit in the deacons hands, quha intromettit with the liaill gudes of the kirk, ay and whil the estate therof was corruptit be Antichrist, as the ancient canons beir witnes. 4. The same canons mak mention of ane fourfald distribu- tion of the patrimonie of the kirk, quhairof ane part was ap- plyit to the pastor or bischop for his sustentation and hospi- talitie ; anuther to the elders and deacons, and all the clergie ; the third to the puir, sick persons and strangers ; the fourth to the uphald and uther affaires of the kirk, speciallie extra- ordinar : We adde hereunto the schules and schuile-maisters also, quhilk aucht and may be weill susteinit of the same gudes, and ar comprehended under the clergie. To wham we joyn also clerks of assemblies als weill particular as generall ; syndicks or procutors of the kirk affaires, takers up of psalmes, and sic lyke uther ordinar officers of the kirk, sa far as they ar necessar. CHAP. X. Of the Office of a Christian Magistral in the Kirk. 1. Although all the members of the kirk be halden every ane in their vocation, and according therto to advance the kingdom of Jesus Christ sa far as lyis in their power ; yit chiefly Christian Princes, and uther magistrates, ar halden to do the same : for they ar callit in the Scripture nourishers of the kirk, for sameikle as be them it is, or at least aucht to be manteinit, fosterit, uphalden, and defendit agains all that wald procure the hurt thereof. 2. Sua it perteinis to the office of a Christian magistrat, to assist and fortifie the godly proceidings of the kirk in all be- halfes ; and namely to sie that the publique estait and minis- trie thereof be manteinit and susteinit as it apperteins, accord- ing to Godis word. 142 SECOND HOOK OF 3. To sie that the kirk be not invadit nor hurt be false teiehers and hyrelings, nor the rowmcs therof be occupyit be dumb dogs, or idle bellies. 4. To assist and manteine the discipline of the kirk ; and punish them civilly, that will not obey the censure of the same, ■without confounding alwayis the ane jurisdiction with the uther. 5. To sie that sufficient pro\'isionbe made for the ministrie, the schules, and the puir : and if they have not sufficient to awaite upon their charges, to supplie their indigence even with their awin rents, if neid require. To bald hand als w-eill to the saving of their persons from injurie and opin violence ; as to their rents and possessions, that they be not defraudit, robbit, nor spuilziet thereof. 6. Xot to suffer the patrimony of the kirk to be applyit to profane and unlawful uses, or to be devorit be idle bellies, and sic as have na lawfull function in the kirk, to the hurt of the ministry, schules, puire, and other godly uses, quhairupon the same aucht to be bestowit. 7. To mak lawis and constitutions agreeable to Gods word, for advancement of the kirk, and policie therof ; without us- urping ony thing that perteins not to the civil sword, bot be- langs to the offices that ar meirlie ecclesiasticall, as is the mi- nistrie of the word and sacramentis, using of ecclesiasticall discipline and the spirituall execution thereof, or ony part of the power of the spiritual keyis, quhilks our Maister gave to the Apostles, and their trew successours. And although liings and Princes that be godlie, sumtymes be their awin authority, whan the kirk is corruptit, and all things out of ordor ; place ministers, and restore the trew service of the Lord, efter the examples of sum godly Kings of Juda, and divers godly Emperours and Kings also in the licht of the New Testament : Yit quhair the ministrie of the kirk is anes lawfullie constitute, and they that are placeit do thair office faithfullie, all godlie princes and magistratis aucht to heir and obey thair office, and reverence the majestic of the Son of God spciking be them. DISCIPLINE. 143 CHAP. XL Of the present Abitses remaining in the Kirk, qiihUks we desyre to be Reformit. 1. As it is the dewtie of the godlie magistrat to mantein the present liberty quhilk God of his mercie hes grantit to the preaching of his word, and the trew administration of the sa- craments within this realme : sa is it to provyde, that all abuses quhilks as yit remaine in the kirk, be removit, and utterly takin away. 2. Thairfoir first the admission of men to Papisticall titles of benefices, sic as serve not, nor have na function in the re- formit kirk of Christ, as abbotis, commendatoris, prioris, pri- oressis, and uther titles of abbyis, quhais places are now for the maist pairt be the just judgement of God demolishit and purgit of idolatrie, is plaine abusion, and is not to receive the kingdom of Christ amangs us, bot rather to refuse it. 3. Siclyke that they that of auld wer callit the chapiters and convents of abbayis, cathedrall kirks, and the lyke places, serve for nathing now, bot to set fewes and tacks, if ony thing be left of the kirklands and teinds, in hurt and prejudice thairof, as daily experience teiches, and thairfoir aucht to be utterly abrogat and abolishit. Of the lyke nature ar the deanes, archdeanes, chanters, subchantors, thesaurers, chan- cellars, and uthers having the lyke titles flowing from the Pape and canon law onlie, wha heve na place in the reformit kirk. 4. The kirks also quhilks ar unitit together, and joynit be annexation to thair benefices, aught to be separatit and dividit, and gine to qualifiet ministers, as Gods word craves. 5. Neither aucht sic abusers of the kirks patrimony to have vote in Parliament, nor sit in councell under the name of kirk and kirk-men, to the hurt and prejudice of the libertie thairof, and lawes of the realm made in favouris of the re- formit kirk. 6. Meikle less is it lawfull, that ony person amang these men sould have fyve, sax, ten or twenty kirks, or mae, all having the charge of sanies :* and bruik the patrimonie * The copy ia Calderwood's History, that printed anno 1621 in 4to, and that printed in 8vo, anno 1632, have, "all craving the charge of 144 SECOND BOOK OF thairof, either be admission of the prince, or of the kirk, in this licht of the Evangell ; for it is but mockage to crave reformation where sic lyke hes place. 7. *And albeit it was thocht gude, for avoyding of greater inconvenientis, that the auld possessors of sic benefices quha had imbracit the trew religion, suld injoy be permission the twa pairt of the rentis quhilks they possest of befoir during thair lyfetyme : Yit it is not tolerabil to continew in the lyke abuse, to geve thaise places and uthers benefices of new to als unmeit men or rather unmeitar, quha ar not myndit to serve in the kirk, bot leif an idle lyfe as uthers did quha bruikit them in the tyme of blindnes. 8. And in sa farr as in the order takin at Leith in the zeir of our Lord 1571, it appeires that sic may be admittit, being found qualifiet ; either that pretendit order is agains all gude order, or else it must be understood not of them that be qualifiet in worldly affaires or to serve in court ; bot of sic as are qualifiet to teich Godis word, having their lawfull admis- sion of the kirk. 9. As to Bischops, if the name i-a-ia-xo-ffos be properly takin they ar all ane with the ministers, as befoir was declairit. For it is not a name of superiorite and lordschip, bot of office and watching. Yit because in the corruption of the kirk, this name (as uthers) hes bene abusit, and yit is lykelie to be ; we cannot allow the fashion of thir new chosin bischops, neither of the chapiters that ar electors of them to sic offices as they are chosen to. 10. Trew bischops sould addict themselves to ane particular flock, quhilk sindry of them refuses, neither sould they usurpe lordship over their brethren and over the inheritance of Christ, as these men doe. 11. Pastors, in sa far as they ar pastors, have not the office of visitation of mae kirks joynit to the pastorship, without it be gine them. It is a corruption, that Tbischops sould have farder boundis to visit, nor they may lawfuUie.t Na man soules." An old manuscript hath, '* and have the charge of thair saules." The copy in Spottiswood's History hath, " all having the cure of soules." • This paragraph is not in the copy which is in Calderwood's History ; neither is it in the copy printed in 4tu, anno 1C21, nor in that printed in 8vo. anno IG82. But it is in the Church registers and other manuscripts, and in Spottiswood's History. t The copy in Spottiswood's History hath, " than they may conreni- ently overtake*" DISCIPLINE. 145 aucht to have the office of visitation, hot he that is lawfully chosin he the Presbytrie thereunto. The elderschips being well establishit, have power to send out visitors ane or mae, with commission to visit the bounds within their elderschip : And siclyke efter compt takin of them, either continew them, or remove them from tyme to tyme, to the quhilks elderschips they shall be alwayes subject. 12. The criminal jurisdiction in* the person of a pastor, is a corruption. 13. It agries not with the word of God that bischops sould be pastors of pastors, pastors of monie flocks ; and yit with- out ane certaine flock, and without ordinar teiching. It agries not with the Scriptures, that they sould be exemit fra the correction of their brethren, and discipline of the particu- lar elderschip of the kirk, where they shall serve ; neither that they usurpe the office of visitation of uther kirks, nor ony nther function besyde uther ministers, bot sa far as sail be committit to them be the kirk. 14. Heirfoir we desyre the bischops that now ar, either to agrie to that order that Gods word requyres in them, as the generall kirk will prescryve unto them, not passing that bounds either in ecclesiasticall or civill affaires, or else to be deposit fra all function in the kirk. 15. We deny not in the mein tyme, bot ministers may and sould assist their Princes when they are requyrit, in all things agreiable to the word, quhither it be in Councell or Parlia- ment, or utherwayis, provyding ^Iwayis they neither neglect theira win charge, nor throw flatterie of Princes, hurt the publick estait of the kirk. Bot generallie, we say no person, under whatsumever title of the kirk, and specially the abusit titles in Papistrie, of Prelates, Convents, and Chapters, aucht to attempt ony act in the kirks name, either in Councell or Parliament, or out of Councell, having na commission of the reformit kirk within this realme. 16. And be act of Parliament it is providit that the Papis- ticall kirk and jurisdiction sould have na place within the same, and na bischop nor uther prelate in tymes cuming sould use ony jurisdiction flowing from his authoritie. And again, that na uther ecclesiasticall jurisdiction sould be acknawledged within this realm, bot that quhilk is, and shall be in the * The copy printed in 8ro, auno 1682, •which is said to have been printed from the Presbytery Book of Haddington, hath "civil jurisdic- tion." 146 SECOND BOOK OF reformit kirk, and flowing therefra. Sa we esleim halding" of chapiters in Papisticall manner, aither in cathedrall kirks, abbayis, colledges, or uther conventuall places, usurping the name and authoritie of the kirk, to hurt the patrimonie thairof, or use ony uther act to the prejudice of the same, sen the zeir of our Lord 1560, to be abusion and corruption, contrar to the libertie of the trew kirk and lawis of the realme, and thairfor aucht to be annullit, reducit, and in all tyme cuming allutterlie dischargit. 17. The dependances also of the Papisticall jurisdiction ar to be abolishit, of the quhilk sort is the minglit jurisdiction of the commissars, in sa far as they meddle with ecclesiasticall matters, and have na commission of the kirk thairto, but wer erectit in tyme of our Soveraignis mother, whan things war out of order. It is an absurd thing that sindry of them having na function of the kirk, sould be judgis to ministers, and depose them from their roumis. Thairfoir they either wald be dischargit to medle M'ith ecclesiasticall matters, or it wald be limitit to them in quhat matters they might be j udges, and not hurt the libertie of the kirk. 18. They also that befoir wer of the ecclesiasticall estait in the Papis kirk, or that are admittit of new to the Papisti- call titles, and now ar tollerat be the lawes of the realme to Eossess the twa pairt of thair ecclesiasticall rents, aucht not to ave ony farther libertie hot to intromet with the por- tion assignit and grantit to them for their lyfetymes : And not, under the abusit titles quhilks they had, to dispone the kirk rentis, set tackes and fewes thairof at their pleisure, to the grit hurt of the kirk, and pure lawbourers that dwell upon the kirk-lands, contrar to all good conscience, and order. CHAP. XII. Certain speciall Heids of Reformation quhilk we crave. 1. Quhatsumever hes bene spokin of the offices of the kirk, the severall power of the office-beirars, their conjunct power also, and last of the patrimonie of the kirk ; we understand it to be the right reformation, which God craves at our hands, that the kirk be orderit according thairto, as with that order quhilk is most agreeable to the word. Bot because sum thing DISCIPLINE. 147 wald be touched in particular, concerning the estait of the countrey, and that quhilk we principally seik to be reforrait in the same, we have collectit them in thir heids follow- ing- 2. Seeing the haill countrey is dividit in provinces, and thir provinces again are dividit in parishes, als weill in land- wart as in townes ; in every parish and reasonable congrega- tion there wald be placit ane or mae pastors to feid the flock, and no pastor or minister alwaies to be burdenit with the par- ticular charge of mae kirks or flockes than ane alanerly. 3. And because it will be thocht hard to finde out pastors or ministers to all the paroch kirks of the realm, als well in landwart as in townes, we think be the advice of sic, as com- mission may be gine to be the kirk and prince, parishes in landwart or small villages, mae be joined twa or three mae, in sum places together, and the principall and maist com- modious kirks, to stand, and be repairit sufficiently, and qualifiit ministers placit thereat ; and the uther kirks, quhilk ar not fund necessar, may be sufferit to decay, their kirk- yards alwaies beand kept for buriall places : And in sume places where neid requyres ane parish, where the congregation is owir great for ane kirk, may be dividit in twa or mae. 4. Doctors wald be appointit in universities, coUedges, and in uther places neidfull, and sufficiently provided for ; to opin up the meining of the Scriptures, and to have the charge of schules, and teach the rudiments of religion. 5. As for elders there wald be sume to be censurers of the manners of the people, ane or mae in every congregation ; bot not an assembly of eldars in every particular kirk, bot only in townes and famous places quhere resort of men of judgement and habilitie to that effect may be had, quhere the eldars of the particular kirks about may convene together, and have a common eldership and assembly place amang them, to treat of all things that concernes the congregations of which they have the oversicht. 6. And as there ought to be men appointit to unite and divyde the parishes, as necessity and commodity requyres : Sa wald there be appointit be the generall kirk, with advyce* of the prince, sic men as feir God, and knaw the estait of the countries, that were able to nominate and desyne the places, quhere the particular elderships should convene, taking con- * Some copies have, " assent."' 148 SECOND BOOK OF sideration of the diocesses as they were dividit of auld, and of the estait of the countries and provinces of the realme. 7. Lykewise concerning provinciall and synodall assem- blies, consideration wer easie to be taken, how mony and in quhat places they were to be halden, and how oft they sould convene, aucht to be referrit to the libertie of the general kirk, and ordor to be appoyntit therein. 8. The nationall assemblies of this countrey, callit com- monlie the Generall Assemblies, aucht alwayes to be reteinit in their awin libertie, and have their awin place. With power to the kirk, to appoynt tymes and places convenient for the same, and all men, als weill magistrats as inferiours, to be subject to the judgement of the same in ecclesiasticall causes, without any reclamation or appellation to ony judge, civill or ecclesiasticall within the realm. 9. The libertie of the election of persons callit to the eccle- siasticall functions, and observit without interruption swa lang as the kirk was not corruptit be Antichrist, we desyre to be restorit and reteinit within this realm. Swa that nane be intrusit upon ony congregation, either be the prince or ony inferiour person, without lawfuU election and the assent of the people owir quham the person is placit ; as the practise of the apostolical and primitive kirk, and gude order craves. 10. And because this order, quhilk Gods word craves, can- not stand with patronages and presentation to benefices usit in the Paipes kirk : We desyre all them that trewlie feir God earnestly to consider, that for swa meikle as the names of pa- tronages and benefices, togither with the effect thairof have flowit fra the Paip and corruption of the canon law only, in sa far as thereby ony person was intrusit or placit owir kirks having mrara animarum. And for swa meikle as that manner of proceeding hes na ground in the word of God, but is con- trar to the same, and to the said libertie of election, they aucht not now to have place in this licht of reformation. And there- fore quhasumever will embrace Gods word, and desyre the kingdome of his Son Christ Jesus to be advancit, they will also embrace, and receive that policie and order quhilk the word of God, and upright estait of his kirk craves, otherwise it is in vaine that they have profest the same. 1 1 . Notwithstanding as concerning uther patronages of be- nefices that have not curam animarum, as tney speak : Such as ar chaplanries, prebendaries foundit upon temporall lands, annuals, and sic lyko, may be reservit unto the ancient pa- DISCIPLINE. 149 trones, to dispone thairupon, quhan they vaike, to scLulis and bursars, as they are requyrit be act of Parliament * 12. As for the kirk rents in generall, we desyre that order be admittit and meutainit amangis us, that may stand with the smceritie of Gods word, and practise of the purity of the kirk of Christ. To ivit, that as was before spoken, the haill rent and patrimonie of the kirk, exceptand the small patron- ages befoir mentionat, may be dividit in four portions : Ane thereof to be assignit to the pastor for his intertainment, and hospitahtie : An uther to the eldars, deacons and uther officers of the kirk, sic as clerks of assemblies, takers up of the psalmes, beadels and keipers of the kirk sa far as is necessar ; joining therewith also the doctors of schules, to help the ancient foun- dations where neid requires : The third portion to be bestowed upon the puir members of the faithfull, and on hospitals : The fourth for reparation of the kirks, and uther extraordinar charges as ar profitable for the kirk ; and also for the common weil, if neid requyre. ,.^^' ^^ desyre therefore the ecclesiasticall gudes to be up- liftit, and distributit faithfullie to quham they appertein, and that be the ministerie of the deacons, to quhais office properlie the collection and distribution thereof belangs ; that the puir may be answerit of their portion thereof, and they of the mi- mstery lire without care and solicitude : As also the rest of the treasurie of the kirk may be reservit, and bestowit to their richt uses. Gif these deacons be electit with sic qualities as Gods word craves to be in them, there is na feir that they sail abuse themselfis in their office, as the prophane collectors did of before. 14. Yit because this vocation appeires to many to be danger- ous, let them be oblishit as they wer of auld to a yeirlie count to the pastors and elderschip ; and gif the kirk and prince think expedient, let cautioners be oblishit for their fidelitie, that the kirk rents on na wayes be dilapidat. 15. And to the effect this order may tak place, it is to be provydit, that all uthers intromettors with the kirk r(?nt, col- lectors general or speciall, whether it be by appointment of the prince, or utherwaies, may be denudit of farther intromis- sion therewith ; and suffer the kirk rents in tyme cumming to be haii]ie intromettit with be the ministrie of the deacons, and distribute to the use before mentionat. • Jam. VI Pari. 1. Cap. 12. Afterward ratified. Jam. VI. Pari. 12 Cap. 161. 150 SECOND BOOK OF 16. And also to the effect, that the ecclesiastical! rents may suffice to these uses, for the quhilk they are to be appointit ; we think it necessar to be desyrit, that all alienations, setting of fewes or tacks of the rents of the kirk, als weill lands as teinds, in hurt and diminution of the auld rentals, bereducit and annullit, and the patrimony of the kirk restorit to the former auld libertie. And lykewise, that in tymes cumming the teinds be set to nane, but to the labourers of the ground, or else not set at all, as was agriet upon, and subscribit be the nobilitie of before.* CHAP. XIII. The Utilitk that sail flow fra this Beformation to all Estaites. 1. Seing the end of this spirituall government and policie, quhairof we speik, is that God may be glorifiet, the kingdom of Jesus Christ advancit, and all who are of his mysticall bodie may live peaceable in conscience: Therfore we dar bauldlie affirme, that all these who have true respect to thir ends, will even for conscience cause gladly agrie and conforme themselfis to this order, and advance the same, sa far as in them lyes, that their conscience being set at rest, they may be replenishit with spirituall gladnes in giving full obedience to that quhilk Godis word and the testimonie of their awin con- science does crave, and in refusing all corruption contrar to the sam. 2. i>ixt we sail becum an example and paterne of gude and godly order to uther nations, countries and kirks professing the same religion with us, that as they have glorified God in our continueing in the sinceritie of the word hitherto, without any errours, praise be to his name : So they may have the lyke occasion in our conversation, when as we conform our selfis to that discipline, pollicie and gude order, quhilk the same word and purity of reformation craveth at our hands ; utherwise that fearfull sentence may be justly said to us, " The servant knawing the will of his maister, and not doing it," &c. r * See Chap. 8. of the First Book of Discipline, wbich was snhscrihed by many of the nobility. See nlso, the Proceedings of the Generol As- seniblie about ihe Policie of the Kirk. DISCIPLINE. 151 3. Mairover, gif we have any pity or respect to the puir members of Jesus Christ, who so greatly increase and mul- tiplie amanges us, we will not suffer them to be larger de- fraudit of that part of the patrimonie of the kirk, quhilk justly belangs unto them : And by this order, if it be deuly put to execution, the burden of them sail be taken of us to our great confort, the streits sail be cleansed of thair cryings and mur- murings ; swa as we sail na mair be an skandall to uther na- tions as we have hitherto bene for not taking order with the puir amanges us, and causing the word quhilk we profess to be evill spokin of, giving occasion of sclander to the enemies, and offending the consciences of the sempil and godly. 4. Besydes this, it sail be a great ease and commoditie to the haill common people, in relieving them of the beilding and uphalding of thair kirks, in bigging of brigges and uther iyke publick warks : It sail be a relief to the labourers of the ground in payment of their teinds ; and schortlie in all these things, whereinto they have bene hitherto rigorously handlit be them that were falslie callit kirkemen, thair tacksmen, fac- tours, chalmerlanes and extortionars. Finally, to the Kings Majestic and common-weill of the countrey, this profite shall redound : That the uther affaires of the kirk beand sufficientlie provydit according to the distribu- tion of the quhilk hes bene spokin ; the super pi us beand col- lectit in the treasurie of tlie kirk, ma}'' be profitablie imployit, and liberallie bestowit upon the extraordinar support of the affaires of the Prince and common-weill, and speciallie of that part quhilk is appoyntit for reparation of kirks. Sa to conclude, all beand willing to apply themselfis to this order, the people suffering themselfis to be rewlit according thereto ; the Princes and Magistrates not beand exemit, and these that ar placit in the ecclesiasticall estait richtlie rewling and governing, God sail be glorifiet, the kirk edifiet, and the bounds thereof inlargit, Christ Jesus and his kingdome set up, Satan and his kingdom subvertit, and God sail dwell in the middis of us, to our comfort, through Jesus Christ, who, to- gither with the Father and the Holy Ghost, abydes blessit in all eternity. Amen. EXDIS THE BUIK OF PCLICIE. THE FORM OF PROCESS IN THE JUDICATORIES OF THE CHURCH OF SCOTLAND, "VriTH RELATION TO SCANDALS AND CENSURES, Ajyprovcd by Act of the General Assembly, April 18, 1707. CONTENTS. CiiAP. I. Concerning Church Government, Discipline, Scandals, and Censures in general. II. Concerning the entering Processes, Citation of Parties and Witnesses, and taking Depositions, and anent Fugitives from Discipline. III. Concerning Swearers, Cursers, Profaners of the Lord's Day, Drunkards, and other Scandals of that nature. IV. Concerning the Sin of Fornication, Adultery, and scan- dalous Carriage tending thereto. V. Concerning Appeals from a Kirk Session to a Presby- tery, &c. A"I. Concerning Processes which natively begin at the Kirk Session, but are not to be brought to a final determi- nation by them, VII. Concerning Processes against Ministers. VIII. Concerning Processes in order to the Censure of the greater Excommunication. IX. Concerning the order of proceeding to Absolution. THK FORM OF PROCESS. CHAP. I. Concerning Church Government, Discipline, Scandals, and Censures in general. 1. Our 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 theu hands of their Lord and Master Jesus Christ, and did use and exer- cise the same upon all occasions, and Christ hath from time to time furnished some in his church with gifts for government, and with commission to exercise it when called thereunto, 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 God, that some others, besides these who 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 disci- pline and oversight of the manners of the people, which offi- cers are called ruling elders : As also, that the church be go- verned by several sorts of judicatories, and one in subordina- tion to the other, such as kirk-sessions, presbyteries, provin- cial synods, and general assemblies. 3. Church discipline and censures, for judging and remov- ing of offences, are of great use and necessity in the church, that the name of God, by reason 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 ashamed, to the destruction of the flesh, and saving of the spirit in the day of the Lord Jesus. 4. Nothing ought to bo admitted by any church judicatory as the ground of a process for censure, but what hath been declared censurable by the word of God, or some act or uni- versal custom of this national church agreeable thereto : and FORM OF PROCESS. 155 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 space of five years, it should not be again revived, so as to enter in a process thereanent, unless it be of an 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 men- tioned, have power to convene and call before them any per- sons within their own bounds, whom the ecclesiastic business which is before them doth concern, either as party, witness, or otherwise, and to examine them according to the nature of the affair, and to hear and determine in such cases as shall orderly come before them, and accordingly dispense church censures. 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 should be desired to cause 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 the church, seeing for order's sake they should not presume to exerce their authority without their own bounds. 7. The minister of the word being 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. 11. Concerning the entering Processes. Citation of Parties and Witnesses, and taking Depositions, and anent Fugitives from Discipline . 1 . Members of kirk-sessions are wisely to consider the in- formation they get of scandals, and consult with their minister thereanent, even before the same be communicate to others, that 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 amend- ment follow, is the far better way of gaining and recovering a lapsed brother, whereas the needless spreading of a scandal does sometimes harden the guilty, grieve the godly, and is dishonourable to religion. 2. When any business is moved in a church judicatory, 156 FORM OP PROCESS. whether by information, petition, or otherwise, they are in the first place to consider, whether the matter in its circumstan- tiate 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 they can, especially as to the head 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, either 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 advertisement, and the execution of the summons bearing its cause, and made before two or three witnesses insert, is to be returned by the beadle or officer in writing, and the persons cited, called at the door ; and this is especially to be observed by presbyteries and other superior judicatories of the church. 4. Sometimes it may be fit that the party be privately spoken to, before any citation be given or process begun, for tlieir better gaining ; in which case the minister is to exercise his own 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 left at their dwelling house, before the judicatory declare the person 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 su- perior judicatory, the party having actually appeared before the inferior judicatory, and being cited apud acta to appear before the superior, and the same marked in the minutes, or having been declared contumacious before the cause was brought before the superior judicatory. 5. All citations apud acta, are peremptory, and if instructed, 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 contumacy, yet it may be fit the judicatory proceed to take cognition, either by examining witnesses upon oath, or by other docu- FORM OF PROCESS. 157 ments of the verity of the scandals delated against him, be- fore 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, that if the party cited be found innocent and acquitted, these who informed the judi- catory, whether the party require it or not, ought to be noticed, for either their calumny or imprudence, as the judicatory shall find cause. 9. If there be witnesses to be made use of in the process, a list of their names ought to be given to the defenders some time before, or at least at their compearance, and their wit- nesses ought to be timeously cited to give evidence ; and if they refuse after three citations given, and executions re- turned, 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 appear. 10. Before the witnesses be judicially examined, the ac- cused person is to be called, and the relevancy of the libel discussed, and if the defender compear, he may object against any of them, and if the objection be relevant, and made evident to the judicatory, the witnesses are to be cast ; but a person's being the delator or informer, doth not hinder him to be a witness, except in the case where he formerly complained for his own interest, or of pregnant presumptions of malice against the person accused. 11. Though there be no relevant objection, yet the witnesses are solemnly to be purged of malice, bribe, or good deed done or to be done, and of partial counsel. 12. The witnesses are to be sworn and examined in the presence of the accused party, if compearing ; and he may desire the moderator to propose such questions or cross ques- tions to the witnesses, as may tend for his exculpation, which if the judicatory think pertinent are to be proposed, but no accused person is to interrupt the witness, or speak during the time of deposition. 13. If the party accused do before probation ofi*er grounds 158 FORM OF PROCESS. of exculpation to be proven by witnesses, the moderator and clerk, if required, are to give warrant to cite the witnesses upon the partj^'s charges, the relevancy of the offered excul- 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 assolzied ; as, if the libel be speciall as to the time and place of a fact, and the accused more pregnantly allege and clearly prove alibi. But if the sub- stance 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 contrary to, but consisting with the depositions already taken. 14. If the witnesses cannot subscribe their names to their deposition, the clerk is to mark that they declare they cannot write, and the moderator is to subscribe the same, whether 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 another, 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 should, after being called before the judicatory and not compearing, be cited first from the pulpit of the parish 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 presbytery, 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 fugitive from church disci- pline, and the same intimate in all the kirks within the bounds of the presbytery : desiring, that if any knows of the saids fugitives, they may acquaint the minister or elder of the bounds thereof, and the presbytery are to sist there until they get further notice of these persons. FORM OF PROCESS. lo9 CHAP. III. Concerning Snearers, Cnrsers, Profaners of the Lord's Day, Drunkards, and other Scandals of that nature. 1. It may fall out that one single act of drunkenness or breach of the Lord's day, disobedience to parents, or of swear- ing, cursing, scolding, fighting, lying, cheating or stealing, may be clothed with such circumstances as may be a just ground of process immediately, and even bring the persons guilty under the censure of the lesser excommunication and suspen- sion from the benefit of the sealing ordinances, and require their appearance in presence of the congregation to be rebuked, before relaxation ; but the weight of this is duly to be pondered, and church judicatories and members thereof, are to consider whether the private admonition of persons alledged and found guilty of the above scandals, if not clothed with such circumstances or bringing the them to 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 amend, 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 amend, may again sist. 4. But if the person amend not after that, the session should orderly proceed, unless repentance appear and due satisfaction be offered, till they inflict the censure of the lesser excommu- nication and suspension from the benefit of the sealing ordi- nances, under which the censured are to lie till amendment 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 fourth act of the General Assembly, anno 1705, are to be followed. 6. If the guilty persons continue in this condition, or lie under the censure of the lesser excommunication a consider- able time, and yet be found frequently relapsing in these vices they are censured 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 IGO FORiM OF PROCESS. 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, 1. In delations about the sin of uncleannoss, it falls fre- quently out, that when the matter is put to the strictest trial, all that can be proven is but presumptions of guilt or scandal- ous behaviour, and not the act of uncleanness, the same be- ing a work of darkness ; and therefore this should oblige the kirk session to be very cautious how to admit the public enter- ing a process without good warrant, where there is not a child in the case, unless the scandal be very flagrant. 2. Many of these actions which give occasion to the raising a scandal of uncleanness, are such as arc not themselves alone publicly censurable, but to be past by with a private rebuke or admonition. 3. Yet some of these actions which come under the name of scandalous behaviour, may be so lascivious and obscene, and clothed with such circumstances, as may be as ofiensive as the act of uncleanness itself, and as censurable. 4. If a married woman, whose husband hath been notourly 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 process against her ; but in this case judicatories would be prudent in considering well all circumstances, and whether or not the person hath been always of entire fame before, as also 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 ; 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 scandal, and the keeping secret of the father a ground of greater ofience, and of suspecting many innocent persons, if she discover not the father, she is to be lookt upon as contu- macious. 6. Prudence may sometimes require that the person she nameth to be the father of the child, be informed thereof, and FOUM OF PROCESS. IGI 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. 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 treating 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 cum sola in loco suspecto, or in suspect postures and 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 ap- pears no other way of removing the scandal, but his appear- ance to be publickly rebuked therefore ; if he will not submit 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 further procedure in that matter, till God in his providence give further light, and to sist there at the time, than that an oath be press'd, and upon refusal proceed to the higher excomuni- cation ; but if the person accused do offer his oath of purga- tion, 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 the sin of alledged to be committed by me with C. D. and lying under that grievous slander, being re- pute as one guilty of that sin ; I, for ending of the said pro- cess and giving satisfaction to all good people, do declare be- fore 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, the judger and avenger of all falsehood, to be witness and judge against me in this matter if I be guilty ; 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 sincerity of heart, according to the truth of the matter 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 glory in heaven after this life is at an end." 8. In taking this oath for purgation, all tenderness and M 16'2 FORM OF FROCESS. caution is to be used ; nor is the session to press any tnati thereto, but they are to deal with him and his conscience, as in the sight of God ; and if he ojffer 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 ; 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 de- clared 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, and if after all serious dealing, and due diligence, she give no other, she is to be censured according to the quality of the offence confest by her, without naming the person delated by her ; the judicatory reserving place for further censure upon further discovery. 11. If the woman who hath brought forth the child, doth declare 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 searcht into, and she seriously dealt with to be ingenuous ; and if she hath been of entire fame, she may be put to it to declare the truth as if she were upon oath, but not without the advice of the presbytery, 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 enquire what presumptions there are of the truth of the thing confessed, or what may have moved the FORM OF PROCESS. 1 63 person to make that confession, whether it floweth from dis- quietness of mind, or from sinistrous desi^, as 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 according as the presumptions upon search are found, or not. 13. If it be found that 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. 14. If there be need of witnesses, the directions formerly mentioned, chap. 2d, 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 notour. 16. If a scandal of uncleanness be committed where neither party resides, 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 committed, and the scandal be most flagrant where it was committed. 17. When 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 ^x debito to cause summon these persons to appear before that session, where the scandal is to be tried. 18. When a person is convict 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 mtimation thereof to be made in his own parish. 19. When a person is censured and absolved from his scandal in another congregation than where he lives, he is to bring a testimonial of his absolution, which is to be intimate to the congregation he lives in, if the scandal be also flagrant 164 FORM OF PKOCESS. there ; otherwise it will be sujfficient to intimate the same to the session ; and the same is to be done in the case of the pro- fession of repentance where there has been a sentence of the lesser excommunication. CHAP. V. Concerning Appeals from a Kirk Session to a Presbytery, ixc. 1. All persons who judge themselves lesod by the pro- cedure or sentence of a kirk-session, may appeal to the pres- bytery, by declaring and protesting at passing of the sentence ; and should thereupon, according to the eighth act of General Assembly, 1694, give in the appeal with the reasons thereof in writ, to the moderator or clerk of the session, within the space of ten days after the time of appealing, and procure extracts thereof, and present the same to the next meeting of the presbytery thereafter, if there be a competent time, at least ten days free betwixt the time of appealing and the meeting of the presbytery ; and should then insist in the ap- peal ; Avherein if the appellant fail, the appeal ipso facto falls and becomes null, and the appellant is to be held as contu- macious, 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 behoveth at length to come to the pres- bytery by the course of discipline, before the final 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 the consideration of the affair without insisting much upon the hene or male ap-pellatum, though it seem to be preposterously appealed. 3. But if the cause be such as the kirk session are the competent 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 acknowledg- ing of their precipitancy before their own session or such like, on these appealers they find to have been malicious and litigi- FORM OF PROCESS 165 ous, thereby to prevent unnecessary 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 themselves 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 remove the offence he hath given to the presbytery, yet the appellant, if found guilty, is to undergo a censure, either be- fore the kirk session or congregation he belongs to, such as the presbytery 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 thereby the appellant lesed ; the presbytery is not only to assoilzie the appellant, but to take such ways as may be proper and effectual to vin- dicate the appellant's innocence, and wipe off 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 presbyteries 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 ; otherwise not, unless the judicatory appealed to, receive the appeal, and take the affair before them, and in that case the judicatory appealed from, is to sist until the ap- peal be discust. CHAP. YI. Concerning Processes which natively begin at the Kirk Session hut are not to be brought to a final determination by them. 1. There are some processes which natively begin at the kirk session, which, for the atrocity of the scandal, or difficulty ]66 FORM OP PROCESS, in the affair, or general concern, the session having the op- portunity of frequent meetings of the presbytery to have re- course unto, do not determine of themselves ; such as scandals of incest, adultery, trilapse in fornication, murder, 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 contumacy ; 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 accused to confess, that which now cannot be hid nor amended, till satisfaction be made to the church, which when done, the session is to re- fer the case, and send an extract of their procedure thereanent to the presbytery. 2. When there is no confession of the scandals above mentioned, 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 summon the delinquent when before them apud acta, to com- pear 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- tery, if they confess and profess repentance for their sin, then the presbytery having gravely rebuked, and seriously exhort- ed the party or parties, are to determine the censure, and pre- scribe the time and place of the parties, their profession of 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 thereanent. 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, FORM OF PROCESS 167 and that intimation of the removing thereof be made in other places, if the judicatory shall find it needful. 6. When persons censured for these 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. Concerning Processes against Ministers. 1 . All 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 conver- sation, no stain thereof ought lightly to be received ; nor when it comes before a judicatory ought to be negligently enquired into, or when found evident, ought to be slightly censured. 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 easily wiped of; therefore a presbytery would exactly ponder by Avhose information and complaint it comes first before 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, w'ho under his hand gives in the complaint with some account of its probabilitv, and undertakes to make out the libel. 2do, Or at least do before the presbytery undertake to make it out under the pain of being censured as slanderers. Or Stio, That the fama clamosa of the scandal be so great, as that the presbytery, for their own vindication, see themselves necessitate to begin the process, without any particular accuser ; but the presbytery in this case would be careful, first, to enquire into the rise, occasion, broachers and grounds of this/awa 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 168 FORM OF PROCESS. be, some of the most prudent of the ministers and ciders of that presbytery, and their advice got in the affair. 5. If there shall be ground found to enter in a process against a minister, the presbytery should first consider the libel, 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 writ is to be made either personally or at his dwelling house, bearing a competent time allowed to give in answers to the libel, and his just defences and ob- jections against witnesses, at least ten free days before the day of compearance, and the citation should bear the date when given, and the names of the witnesses to the giving thereof : and the execution bearing its date, with the names and designations of the witnesses, should be made in writ, and signed by the officer and witnesses ; which being accord- ingly returned, he is to be called, and if he compear, the libel is to be read unto him, and he is to be enquired if he has any answers to give in to the libel, that they may be read and considered, in order to the discussing of the relevancy ; and if the presbytery find the same, and 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 confest be of a scandalous nature, censurable in others, such as the sin of uncleanness, or some other gross scandal, the presbytery (whatever be the nature of his penitency, though to the conviction of all) are instanter to depose him ab officio, and to appoint him in due time to appear before the congre- gation where the scandal was given, and in his own parish, for removing the ofi"ence, by the public profession of his re- pentance. 6. If a minister be accused of an}' scandal, and cited to appear 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 confest, and to be deposed and censured in- stanter with the lesser excommunication ; but if after some time he do not return and subject himself to the censures of the church, he may be proceeded against till he be censured with the greater excommunication, if the judicatory see cause for it. 7. If the minister accused do 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- FORM OF PROCESS. 1 C9 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 in- terrogate, and then the reputation of the witnesses and their hability duly regarded, and the examinations 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 oth. 8. If the matter laid to the minister's charge be such prac- tices as in their own nature manifestly subvert that order, unity, and peace, which Christ hath estiiblished in his church, or unsoundness and heterodoxy in doctrine, then great caution would be used, and the knowledge and understanding of wit- nesses 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 visible design to corrupt, or that the errors are not spread- ing 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 de- lay, the synod or general assembly may be advised with in the affair, and the same intimate to the minister concerned. 9. If the libel 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 prior to the last presbyterial visitation of that parish, and whether they were then laid to his charge, and if 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 enquire what diligence hath been used in acquainting the minister with the oifence taken at these things when first committed by him, and how far the minister had been guilty of giving ofience, after he knew offence to be taken. 11. It would likewise in this case be enquired, whether any of the complainers did first in a prudent, private way, inform any of the neighbour ministers, of some of these things committed by their minister, who is now challenged, 170 FORM OF PROCESS. before these offences came to be so many, as to merit a public and solemn trial, and accordingly the presbytery is to jud^e. 12. If the presbytery find upon trial, the complaint to re- solve on the minister's having^ committed such acts of infirmity or passion as, considering all the circumstances, may be either amended and the people satisfied, and no such offence taken, or at least not to remain, so as to hinder the minister's profit- ing the people, and that the offence was taken by the minister's own people only or mainly ; then the presbytery 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 conversa- tion, so apparent and convincing as hath worn out and healed the wound the scandal gave. 14. Immediately on the minister's being deposed by the presbytery, the sentence is to be intimate in his congregation, the church declared vacant, the planting thereof with another minister hastened, and never delayed on the expectation of his being reponed, it being almost impossible that ever he can prove useful in that parish again. CHAP. VIII. Concerning Processes in Order to the Censure of the greater Excommunication. 1 . Since there is a distinction betwixt the greater and the 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 scandalous practices ; and where there is no manifest contumacy, or con- tinuance as aforesaid, the lesser excommunication needs only have place. Yet in some extraordinary cases, the church, ac- cording to Scripture warrant, hath summarily excommunicated 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 proven, or not ; if not proven, then only the simple contumacy is to be pro- FORM OF PROCESS. 171 ceeded 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 most reasonable that there 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 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 are to refer the affair to the pres- bytery, bringing their whole proceedings before the presbytery in writ, that the presbytery may thereby have a clear and full view of the whole affair. 5. The presbytery finding the kirk-session hath orderly proceeded, and that the lesser excommunication is not suffi- cient, 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 scandalous person. 6. If the party appear, then the presbytery is to proceed in the enquiry at the accused, about the scandal alleged and libelled ; 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 causeth renew the same, until he hath got three citations ; and after the three citations, he is to be cited out of the pulpit ; and for the further conviction of all con- cerned, intimation is to be made that the judicatory will pro- ceed and enquire into the presumptions or probation of the guilt, and this is to be done although the delinquent be ab- sent. 8. Then the presbytery is to order the minister of the congregation next Sabbath after forenoon's sermon, to ac- quaint 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 presby- tery intended to proceed to the highest censure : and the mini- ster is gravely to admonish the party (if present) to repent and submit himself to the discipline of the church, threaten- ing him, if he continue impenitent, that the church will pro- ceed ; yet though he be absent, the minister is to acquaint the people, that the church requires him to repent and submit as abovesaid, under the foresaid certification. 172 FORM OF PROCESS. 9. There should be three public admonitions, and a presby- tery 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 thereupon lo appoint public 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 contumacious person, which he is solemnly to put up to God, humbly begging that he would deal with the soul of the impenitent, and convince him of the evil of his ways. 10. These public prayers of the church are to be put up three several Sabbath days, a presbytery (where its meetings are more frequent, once a month at least) intervening between each public prayer, both to shew the church's tenderness to- wards their lapsed brother, their earnestness to have him re- claimed, and likewise to create a greater regard and ter- ror of that dreadful censure, both in the party and in all the people. 11. If after all, the scandalous person makes no application, 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 either the party or some for him, signify some relevant ground to stop their procedure. 12. 'J'hat 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 shew the congregation what he is going about, introducing the narrative of the process, with a discourse concerning the natuie, use and end of church censures, particularly that of the greater excommunication, 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 society of the faithful, and intimating the church's warrant and order to him so to do. 14. And before the minister pronounce tlie sentence, he is to pray, and desire all the congregation to join with him there- in, that God would grant repentance to the obstinate person, would graciously bless his own ordinance, and make the cen- FORM OF PROCESS. 173 sure effectual, both to edify others, and to be a moan to re- claim 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 person's behaviour, whofti he is to name ; he therefore, in the name and authority of our Lord and Master Jesus Christ, doth in verbis de prcesenfi pronounce and declare him or her excom- municated and shut out from the communion of the faithful, debarring that person from their privileges ; and in the words of the Apostle, delivering that person over to Satan, which sentence is to be intimate according 'to the 9th act of the As- sembly anno 1704. 16. If after prayer 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 scandalous 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 excommunication dis- solveth not the bonds of civil or natural relations, nor exempts from 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 discipline respectively, for preventing and purging out such errors, 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 means alone will not be effectual to that purpose ; it is therefore ne- cessary after all this, to employ the aid of the civil magistrate, who ought to use his coercive power for the suppressing of all such offences, and vindicating the discipline of the church from contempt. 174 F< KM OF PROCESS. CHAP. IX. Concerning the Order of proceeding to Absolution. 1. If after excommunication, the signs of repentance ap- pear in the excommunicated person ; such as godly sorrow, for having incurred God's heavy displeasure by his sin, occa- sioned grief to his brethren, and justly provbked the church to cast him out of their communion, together with a full pur- pose of heart to turn from his sin unto God through Christ, and to reform his life and conversation, M'ith an humble de- sire of recovering peace with God and his people, and to be restored to the favour cf 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 satis- fied therewith, and judge that he ought to be absolved, and thereupon give warrant for his absolution ; he is to be brought before the congregation, and there also to make free confession of his sin and sorrow for it, to call upon God for mercy in Christ, to seek to be restored to the commimion of the church, promising to God through grace, new obedience, and more holy and circumspect walking as becomes the gospel, and that this appearance before the congregation, be as often as church judi- catories shall find may be for edification and trial of the pro- fessing penitent's sincerity ; and being satisfied in this, then the minster and congregation are to praise God, who delight- eth not in the death of a sinner, but rather that he should re- pent and live ; as also, for blessing the ordinance of excom- munication, and making it effectual by his Spirit to the re- covering of this ofiender, to magnify the mercy of God through Jesus Christ, in pardoning and receiving to his favour the most grievous offenders whensoever they unfeignedly repent and forsake their sins ; but before the minister proceed to ab- solution, 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 whatsoever 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 absolved 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 ini- quity, but also so hardened his heart, that he despised all ad- monitions, for the which his sin and contempt, the church was FORM OF PROCESS. 175 compelled to excommunicate him from the society of the faith- ful ; but now seeing the Holy Spirit by his grace hath so pre- vailed, that he is returned, and professeth 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 unfeigned penitent, and for the obedience of our Lord Jesus Christ unto death, so to accept of this poor believing and re- turning sinner, that his former disobedience be never laid to his charge, and that he may increase in all godliness, 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." 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 faithful, and hast now manifested thy repentance, 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 excommunica- tion formerly denounced against thee, and do receive thee to the communion of the church, and the free use of all the ordi- nances of Christ, that thou mayest be partaker of all his be- nefits to thy eternall salvation." 3. After this sentence of absolution, the minister speaketh to him as a brother, exhorteth 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. END OF THE FORM OF PROCESS. COLLECTIONS & OBSERVATIONS METHODIZED, CONCERNIS& THE WORSHIP, DISCIPLINE, AND GOVERNMENT OF ?r|)e OHjiirf^ of Scotlantr. IN FOUR BOOKS. Bv WALTER STEUART, Esq. OF PARDOVAN. TO THE HONOURABLE SIR JOHN MAXWELL OF NETHER-POLLOCK, KNIGHT BARONET, ONE OF THE SENATORS OF THE COLLEGE OF JUSTICE. MY LORD, It was matter of regret, especially about the beginning of our happy Revolution in the year 1689, that the judicatories of this church, very much wanted fixed and established rules, for directing their proceedings ; or, though they had them, yet they lay so scattered and hid, that intrants to the holy ministry, and the younger pastors, yea even some among the more aged of that sacred order, were too much strangers to them. The consideration whereof, did chiefly move me to set about this work : And if my endeavours herein, may but a little contribute to the benefit or service of the office-bearers and guides of this Church, it is a reward greater than I de- serve. However, to testify the honour and respect I Jiave for your Lordship, I dedicate them to you, one of her honourable ruling elders. It gives no small satisfaction to all honest men who know you, that ye still enjoy the ancient heritage of your honourable family, in despite of all the illegal attempts made against both your excellent father and yourself, under the two reigns before the year 1689. But above all, it is ground of praise to God, that you walk in the steps of such a father, and those of your pious mother. That you may all the days of your life go on, and serve your generation according to the will of God, and in the end be gathered to your godly pro- genitors in his eternal glory, is the hope and wish of, My Lord, Your Lordship's very humble servant, Walter Steuart. THE PREFACE. I HAVE already, in my Dedication, hinted at the design and usefulness of these Collections, unto the office-hearers in this Church ; and .if there be yet among them any want of uniformity or exactness in the exercise of the discipline, worship, and government thereof, it may not without ground be imputed to our not training up the students of theology ex professo at universities, in the knowledge of these as well as in her doc- trine. Therefore, to prevent all grounds forbearing of such ignorance, and the bad effects thereof ; it were fit, that professors of Divinity were enjoined to give their scholars lessons on these subjects : And till a better compend bfe composed, these Collections are humbly offered, to be recommended by Professors to their students; for, except this subject be studied and understood by Ministers and Elders, their memories may be well burdened with their duty, but their judgments, till then, shall still remain ignorant and unsatisfied about it. Now, as for those of our neighbour churches in this and the other island, who now differ from us, I hereby present them with that form of the house of God in Scotland, with which their pious, wise,' and learned predecessors did once so passionately desire uniformity. So that when- ever it shall please our great and good God to animate their successors with the like spirit, they may fall about building conform to this pat- tern. Not that I propose this work as the deed of the Church of Scot- land, or of any judicatory therein ; only in so far as what is collected or observed in it, shall be found supported by their acts or universal customs. The materials of these Collections, and in particular, of what is said on that title concerning Parochial Visitations by Presbyteries, were chiefly gathered from, and lay scattered among the old and late manu- script and printed acts of Ganeral Assemblies. The overtures con- cerning discipline, transmitted by them to Presbyteries, the Directory for worship and church government, and the constitutions of some other churches, have been helpful to the completing of the composure Be- sides, I thought it not improper to add, here and there, some hints of civil laws, which I hope the reader will not find unuseful or impertinent, seeing there are some circumstances concerning the worship of God, and the government of his church, common to human actions and socie- ties, which are to be ordered by the light of nature and Christian pru- dence, according to the general rules of the word. I have divided these Collections into four Books. The first treats of Church Government, which principally concerns her oflice-bearers and judicatories. The second is concerning the "Worship of God and sacred things, with what relates to the maintenance thereof. The third and fourth Books treat of Church Discipline ; the one concerning errors and scandals ; and the other about the method of reclaiming and censuring the erroneous and scandalous. COLLECTIONS AND OBSERVATIONS METHODIZED, &c. BOOK FIRST. TITLE I. Of the Election and Ordination of Pastors, 1. Our 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, who hath, from time to time,, furnished some in His church, with gifts for govern- ment, and with commission to exercise it when called there- unto. And it is also agreeable to, and warranted by the word of God, that some others, besides those who labour in the word and doctrine, be church-governors, to join with the ministers of the word, in the government of the church, and exercise of discipline : which office-bearers, reformed churches do commonly call ruling elders. It is likewise agreeable to the same word, that the church be governed by several sorts of judicatures, such as kirk-sessions, presbyteries, provincial and general assemblies ; all which have power, one in sub- ordination to the other, to call before them any persons within their own bounds, whom the ecclesiastical business which is be- fore them doth concern, either as party or witness. Vide cap. 1. act 11. Assem. 1707. The Church of Scotland, by this article, denies the independency of presbyteries and provincial synods, as much as they do the independency of a single con- gregation. But till the churches become all of one mind in the Lord, and civil rulers become her nursing fathers, in their several independent kingdoms and governments, it would seem, till these good days come, the churches are to manage their own affairs independently upon each other : not that this BOOK FIRST. 181 independency proceeds either from Scripture or the nature of the church, but from restraint and misunderstandings. See the last Title of this Book. 2. Pastors, bishops, and ministers, are they who are ap- pointed to particular congregations : in respect whereof, some- times they are called pastors, because they feed their congre- gations ; sometimes bishops, because they watch over their flocks : sometimes ministers, because of their service ; some- times also presbyters or seniors, for the gravity of manners which they ought, and are supposed to have. Vide Polity of the Kirk, cap. 4. By the act of Assembly, Dec. 17, 18, 1G38, art. 19. seeing the office of diocesan or lordly bishop is removed and abjured by this kirk, it is thought fit that all titles of dignity, savouring more of Popery than of Christian liberty, as chapters with their elections and consecrations, ab- bots, priors, deans, arch-deacons, preaching-deacons, chanters, sub-chanters, and others, having the like title, be no more used hereafter, under pain of church censure. 3. When the presbytery are well informed that a parish, for the most part, is unanimous to elect a fit person to be their pastor ; then they are to appoint one of their number to preach on a Lord's day in the vacant congregation, and, after fore- noon's sermon, to intimate, that elders, heritors, magistrates, and town council (when that vacancy happens in a burgh- royal,) and heads of families, do meet at the church on such a week-day (being always ten free days after the intimation,) in order to the electing of a fit person to supply their vacancy. Which order seemeth most agreeable to that apostolical prac- tice. Acts vi. 3. " Wherefore, brethren, look ye out among you, seven men of honest report, full of the Holy Ghost, and wisdom, whom we may appoint over this business." And the presbytery, for ordinary, waits till the electors apply to them for that intimation ; which application will stop and interrupt the Jus Devolutum (of which hereafter,) although it be made by a few electors, because their meeting to apply hath no con- vener. 4. By the Act of Assembly, August 4th, 1649, the kirk session is to meet and proceed to the election ; and it doth most properly belong to them, as the representatives of that con- gregation, to look out for a fit person to be their pastor. But see- ing the heritors (especially such as reside in the parish) and ma- gistrates, with their town council, in burghs, are the most lasting, as well as the most considerable heads of families, on whose satisfaction and assistance the comfortable living of ministers 182 BOOK FIRST. may much depend, the 33d act, sess. 2. of K. William &i Q. Mary's Parliament hath joined them (being Protestants) with the elders, in subscribing of calls to ministers. It is to be minded, that both session and town council do subscribe per- sonally as the heritors do. By the above mentioned act of Assembly, no person, under the censure of the kirk, is to be admitted to vote in the election of a minister. By the 6th act of the 4th sess. of K. William and Q. Mary's Parlia- ment, all persons M^hosoever, giving voice in calling of mi- nisters, are, at their meeting appointed for that efi'ect, to swear the oath of allegiance, and subscribe the same, with the assurance. 5. By that same last mentioned act of Parliament, it is en- acted, that if application be not made by the elders and heritors of the parish, to the presbytery, for the call and choice of a minister, within the space of six months after the vacancy, that then the presbytery may proceed to plant a mi- nister tanqiiam jure devoluto. Vide Sect. 3 suh finem. And that forecited act of Assembly 1G49, appoints, where the con- gregation is disaiFected or malignant, the presbytery to pro- vide them with a minister. Where a parish, or its greater part, is remiss or erroneous, and therefore will not, or delays to call a minister, the presbytery, in that case, by their power from Christ, may give a mission or call to a particular person, and ordain him to labour in the work of the ministry among that people ; by virtue whereof, he hath right to enjoy both office and benefice. By the 18th canon Concilii Antiocheni, it is determined, Si quis ordinatus non ierit in parochiam ad quam est ordinatus, non sua quidetn culpa, sed propter populi recusationem, vel aliguam aliain causam quw a se non oritur is sit et honoris et muneris particeps. 6. When the day is come on which the electors were ap- pointed to meet, by the above-mentioned order of intimation, the minister, whom the presbytery ordered to moderate at the election, having ended sermon, and dismissed the con- gregation, except these concerned, is to open the meeting of electors with prayer ; and thereafter they proceed to vote the person to be their minister, as they are called upon by the session- clerk, who is also clerk to that meeting ; which vote being taken and carefully marked, the moderator is to pronounce the mind of the meeting, viz. that a call be given to the per- son named, which the clerk is to have ready drawn up to be read and signed by them in presence of the moderator. The meeting of electors having been convened upon the presby- BOOK FIRST. 183 tery's intimation, if either heritors, elders or town council, be wanting or absent, their power accresceth to these present, they having all had the lawful advertisement given them, and none of these distinct bodies has a negative upon another. 7. We the heritors, elders, and magistrates of the town- council of being destitute of a fixed pastor, and being most assured by good information, and our own experience, of the ministerial abilities, piety, literature and prudence, as also of the suitableness to our capacities of the gifts of you Mr A. B. preacher of the Gospel, or minister at 0. have agreed, with the advice and consent of the parishioners foresaid, and concurrence of the reverend presbytery of D. to invite, call and intreat. Likeas, we, by these presents, do heartily invite, call and intreat you, to undertake the office of a pastor among us, and the charge of our souls. And further, upon your ac- cepting of this our call, promise you all dutiful respect, en- courao^ement and obedience in the Lord. In witness whereof, &c. 8. Thereafter the moderator is to attest, that, conform to the presbytery's appointment, he did moderate at the meeting of electors, the plurality, or all whereof present made choice of Mr A. B. to be their pastor at such time and place. Which attestation he is to sign upon the call. See Sect. 33. — In case there be a parity among the electors votes, (that is, when they split or divide in their calling of two persons,) then the mo- derator must either be allowed the casting vote, or else ap- plication must be renewed to the presbytery to convene the electors a second time. 9. The right of patronage, according to Streinius's Summa Juris Canonici, is a power to present a fit person to a vacant church benefice : which right is acquired several ways: As, 1. When one gifts ground to build a church upon. 2. If with consent of the Bishop one build a church. 3. If one bestows upon a church, or mortifies to these serving the cure thereat, some considerable maintenance : These three ways are contained in that known verse, Palronnm facinnt , Dos jEdificatio, Fundus. The 4th way is, An immemorial cus- tom of presenting. 5. By a priA'ilege and gift thereto de- rived from the Pope. 10. The right of patronages with us in times of the late Prelacy became so twisted with 'other secular interests, that it was expressly avowed and pleaded for as a part of a man's private patrimony, the rights whereof he had settled and con- firmed to him and his heirs, as these of his other estate, by 1S4 ' BOOK FIRST. charters under the seals, and might lawfully sell and dispose of it, and from which he could not be excluded without in- justice, These rights were then transmitted according to the common degrees and rules of blood. 11. This church maintains, that the patron's pretended privilege of a negative interest in the call and maintenance of ministers, is a sinful and wrongous usurpation, without war- rant from the word of God, destructive of true liberties and interest of the church, and most scandalously offensive to all ranks of Christians therein. This is gathered from their writings and sermons, and act of Assembly, Aug. 4. 1649. 12. The minister who moderated the call, and these com- missioned to prosecute the same, shall next presbytery day present the call to them. If they find no ground to demur upon granting their concurrence, then they are to grant the same, which the clerk is to signify upon the call. But if they find grounds to delay or refuse their approbation, in that case these are to be particularly condescended upon in their re- cords : Thus the presbytery is vindicated from arbitrary pro- cedure, and parties concerned have access to make answer for themselves. 13. If the call be a probationer within the Presbytery's bounds, then the presbytery is to put him upon trials, in order to ordination. But if he be under the inspection of another presbytery, then the presbytery to whom the call was first presented, and with which they have concurred, is to write, or send one of their number, together with the parish com- missioners, and desire that presbytery where the probationer resides, to concur with them in offering the call to him, and injoining him to repair to the bounds to which he is called, and there submit to the ordmary trials, in order to ordination. How the call should be prosecuted to a fixed minister, see in the following Title. 14. It is to be remembered, that no probationer or minis- ter, is to receive any call to a vacant congregation, but from the hands of the presbytery to M'^hich they belong : For, it is by their determination that the calling and entry of a minis- ter is to be ordered and concluded. K. William and Q. Mary's Pari. scss. 2. cap. 23. 15. Ordination is the solemn act of the presbytery, setting apart a person to some publick church-office : For this see the Directory. It is agreeable to the word of God, and very ex- pedient that such as are to be oi'dained ministers be designed to some particular church, or other ministerial charge. See BOOK FIRST. 185 the Directory and Heads of the Polity of the Kirk : As also the 1 0th act, cap. 1st of the French Church Discipline : wherein they agree, that ministers shall not be ordained, without assigning them a particular flock. 16. By the same article, ministers must be fit for the flocks which shall be assigned unto them. And by the act of As- sembly 1596, ratified Dec. 163S, it is determined, that be- cause men may be fit for some places, who are not meet for others ; the principal places are to be provided with men of most worthy gifts, and none are to accept of a greater charge than they are able to discharge. Indeed, when a minister is endowed with prudence, and hath love and respect from his people, a greater charge will be easier to him than to another. 17« On a probationer's accepting of the call of a parish, which is understood to be done when he submits himself to the presbytery to undergo his trials in order to ordination, he is by them to be tried, as when he was licensed (for which see that Title) except the homilies and previous catechetick trials. When the presbytery is satisfied of his trials, they send one of their number to preach in that congregation, and after fore- noon's sermon, to intimate to them, that the probationer whom they have called to be their minister, his edict was now to be served. Which edict, after reading by him or the precentor, is to be affixed by the bedal upon the most patent church- door ; The tenor whereof is as follows. 18. This presbytery having received a Ceill from the parish of to Mr A. B. preacher of the gospel, to be their minister, and finding the same orderly proceeded, and the said Mr A. B. having undergone all the parts of his trial, in order to his ordination ; and the presbytery upon the whole judging him qualified to be a minister of the gospel, and fit to be pastor of this congregation, have resolved to proceed, unless something occur which may justly impede the same: And therefore do hereby give notice to all persons, especially the members of this congregation, that if any of them have any thing to object, why the said Mr A. B. should not be ad- mitted pastor here, they may repair to the presbytery, which is to meet at the day of with certifi- cation, that if no person object any thing that day, the pres- bytery will proceed without further delay. 19. The presbytery meeting, as it was appointed by the preceding, for receiving the execution of the edict, which ought to be ten free days after serving of the same, the minis- ter who was appointed to preach at serving of the edict, is to o ISG Book FIIIST. f»ive an account of his diligence, and return the edict indorsed by himself or the precentor and bedal. Then the presbytery is to order their officer, three several times, at the most patent door of the church, to give notice, that if there be any there who has any thing to object against the person called his be- ing their minister, they may come and do it to the presbytery ; with certification, as in the edict. 20. If there be no material impediment found, the presby- tery is to name a convenient day within less than ten days, if it can be, for their meeting to ordain the candidate at the church of the congregation to which he is to belong. The day appointed for his ordination, is to be intimated from the pulpit on the Lord's day preceding, inviting all to be present, and telling them that they are to set apart that day as a fast to be by them observed with more than ordinary supplication, for the assistance and blessing of G( d upon the ordinance of Christ, and labours of his servant. But the ordination day is more proper for thanksgiving than fasting, and experience ■may confirm us herein ; for we fijid, that on the account of some things convenient to be done that day, another before were fitter to be observed for the fast. 21. Our church doth condemn any doctrine that tends to support the people's power of ordaining their ministers : For by the 5th act of Assembly 1698, upon information that a divine of the church of England had in his sermon charged them as conuptors of the word of God, who, to favour popu- lar ordinations, had caused that passage of Scripture, Acts vi. 3. " Whom we may appoint over this business," to be printed, " Whom ye may appoint," &c they did unanimously disclaim the above-mentioned error of the press, and did declare, they did not own any other reading of that text to be according to the original, but ** Whom we may appoint," «S:c. 22. The ordination day being come, conform to the presby- tery's appointment, one of their number preacheth ; the sub- ject of wliose sermon should be concerning the qualifications of ministeis, and the reciprocal duties betwixt them and their people. The sermon, prayer, and praises after sermon, being ended, the minister from the pulpit is to shew the occasion of that day's meeting, and all the steps of the presbytery's pro- cedure hitherto with respect to that afiair. 23. Thm the minister calls on the intrant, who, in fiiceand audience of the congregation, is to answer to these following questions : 1. If he doth believe the Scriptures of the Old and New Testaments; and the truths therein contained, to be the BOOK FIRST. 187 word of God? 2, If he dotli own, and will adhere unto the Confession of Faith, and Catechisms of this church, and doc- trine therein contained, as bein^ founded on, and consonant to the Holy Scriptures ? 3. If he will be fiiithful and zealous in maintaining all the truths of the Gospel, the unity of the church, and peace thereof, ag:ainst all error and schism what- soever, notwithstanding of what trouble or persecution may happen ? 4. If he do likewise own and will adhere to the worship, discipline and government of this church, as being founded on, and consonant to the Holy Scriptures ? 5. If he hath been led in his designing the work of the minstry, by a single and sincere love to God, and aim at His glory in the gospel of His Son, and not by filthy lucre, and the motives of worldly gain, as the great inducement moving him to the mi- nisterial work ? 6. If he hereby engage to be diligent and assiduous in praying, reading, meditating, preaching, admi- nistring the sacraments, catechizing, and exercising of discip- line, and in performing all other ministerial duties towards the people committed to his charge ? 7. If he resolves to own his ordination to the holy function of the ministry, and to continue in duty, notwithstanding of any trouble that may arise in the church hereafter ? Vide Quce. 3. 8. If he will humbly and willingly submit himself unto the admonitions of his brethren, and discipline of this church ? Lnstly, If he will take care that he himself and his family shall walk un- blameably, be examples to the flock, and adorn the profession of the Gospel by their conversation ? 24. In the most conspicuous place of the chui*ch, and near to the pulpit, a table and seats being placed, where the breth- ren of the presbytery, the heritors and elders of the congrega- tion, with the magistrates and council, when in burghs royal, are to sit, together with the intrant, so that all the ministers may conveniently give him imposition of hands, and the others may take him by the hand, when thereunto called : the minis- ter is to come from the pulpit to the foresaid place, where the intrant kneeling, (for the more decent and convenient laying on of hands) and the brethren standing, he, as their mouth, in their Master's name and authority, doth in and by prayer set the candidate apart (not only the minister who prays, but all the brethren that conveniently can, laying their hands upon his head) to the office of the ministry, invocating God for His blessing to this efiect. 25. Thankfully acknowledging the great mercy of God in sending Jesus Christ for the redemption of his people, and for 188 BOOK FIRST his ascension to the riffht hand of God the Father, and thence pouring out his Spirit, and giving gifts to men, apostles, evangelists, prophets, pastors and teachers, for the gathering and building up of liis church, and for fitting and inclining this man to this great work, and to intreat him to fit him with his Holy Spirit, to give him, who in his name is set apart to his holy service, to fulfil the work of the ministry in all things, that he may both save himself and the people committed to his charge. 2Q. The prayer being ended, the minister who moderates in the action, and thereafter all the ministers of the presby- tery, takes the person ordained by the right hand, saying unto him, We give unto you the right hand of fellowship, to take part of the ministry with us. Then the heritors, elders, and magistrates, when in burghs, should salute him as their mi- nister, in taking him by the right hand, as a testimony of their acceptance of him. Then the minister returning to the pulpit, after having had a short and pertinent exhortation, both to the minister and people, he is by solemn prayer to commend both pastor and flock to God's grace. Then he is to sing a part of a psalm, such as 132, from verse 13, and dis- miss the congregation, with pronouncing the blessing. 27. The whilk day the presbytery of met at the kirk of considering that there had been a call pre- sented upon the day of unto them, from the heritors, elders, and parishioners of the said parish of to preacher of the Gospel, to be their minister. To which call the said presbytery of their concurrence was sought by the said parish, within the bounds of which presbytery the said parish lies. And with which call the said presbytery did concur, as their act thereanent, dated, &c. bears : Likeas, conform to the acts and constitutions of this church, observed in the Hke cases, and at the desire of the said parish, the said presbytery did put the said then only a probationer, to all the parts of his trial for the ministry, as is usual, wherein he Avas approven to the satisfaction ot the said presbytery. After which, the presbytery of did cause serve his edict at the said church of in the due and orderly form, on a Sabbath-day, being the day of whereby it was publicly intimate to the said congre- gation, that in case any person bad any thing to object against the said Mr why he should not be ordained and ad- mitted minister to the said charge of they might ap- ply themselves to the said presbytery of which was BOOK FIRST. 189 to sit at the day of wliere they should be fully heard ; with certification as cfieirs. And ac- cordingly, the bi'ethren of the presbytery met at the day aforesaid, and the edict being returned indorsed, and all parties concerned in the said congregation being lawfully called, and none compearing to object against the said ordina- tion and admission, therefore the said presbytery did deter- mine to meet at the kirk of upon the day of in order to the ordination and admission of the said Mr to the said parish, and appointed Mr minister of the gospel at within their bounds, to preach at the said admission and ordination. Which being accord- ingly performed, the brethren met prcsbyterially, taking the whole matter to consideration, as said is, did then and there, in due order, and all requisite formalities, solemnly ordain, admit, and set apart, by imposition of hands and prayer, the said Mr in face of the whole congregation there pre- sent, to the sacred order of the ministry, in the said congrega- tion and parish ; and afterwards was received to ministerial communion by the brethren of the ministry, and by the heri- tors and elders as their minister. This is extracted, &c. 28. While the church doth enjoy peace, and is at full liberty, it is very reasonable that the above comely order should be observed : but in troublesome times, and in cases of great ne- cessity, ministers must be ordained without particular rela- tion to a parochial charge, otherwise there shall be no ordina- tion in times of pei'secution. By act 4. chap. 1. of the French Church Discipline, it is declared, that in such extraordinary cases, a minister of the Gospel may be ordained by three ministers : But in times of peace, by no fewer than seven ; and in case the colloquy consist of fewer, it shall call in some of the neighbouring ministers to accomplish that number. 29. You will find the old manner of electing and ordaining of ministers at the beginning of our Reformation, in Knox's Forms, prefixed to the old Psalms, that it was performed without imposition of hands, and without a nursery of expec- tants ; which notwithstanding was an ordination both valid and lawful, especially in that infant state of this reformed church. 30. By the 2d and 3d articles, chap. 1. of the French Church I)iscipline, the bishops, curates, priests, and friars, among the Popish clergy, turning Protestants were to be re- ordained by imposition of hands. And in the sixth session of Assembly 1600; the moderator is allowed and authorised to 190 BOOK FIRST. declare, in their name, that they would depose no incumbents simply for their judgement about the government of the church, nor urge re-ordination upon them. 31. None are allowed to enter the ministry under the age of twenty-five years, except such as the synod or assembly judge fit for the same: See Assem. 1638, 1647, and ITO*, session 10 Other churches have likewise very much regard- ed the age of intrants to the ministry ; for by the 1 4 Canon Concilli Sexti in Triillo, it is said, Sanctorum Divinorumquii patrum nostrorum Canon in his qiioque vaUat, ut Presbyter ante trig csimum annum non ordinetur, etiamsi sit homo valde dignus ; which canon agrees with the 1 1 th Condi. Neoccesar. This church hath likewise a special regard to the literature of intrants (of which more afterwards,) and it is generally es- teemed an essential accomplishment, that they should have the Latin tongue : For you will see in the supplement to Calderwood's History, that in the Assembly 1575, it was or- dained, that none should be admitted ministers except such as can interpret and speak congruous Latin, unless the Gene- ral Assembly, for their singular gifts and graces, found cause to dispense therewith. Accordingly they have, both of old and of late, dispensed therewith : particularly the Assembly 1708, appointed *he presbytery of Sky, after trial of his other qualifications, to ordain one to be minister at St. Kilda, who wanted the Latin tongue. 32. By the 9th Act of Assembly 1699, ministers and pro- bationers having the Irish language, are not to be settled in the low-country, till the highland places be first provided : And by the 16th session of the same Assembly, presbyteries are to be censured who settle any probationer in the south, who was born on the north side of Tay (except it be in the case of a call given to such probationers by the city of Edin- burgh) till they have been twelve months in the north, with- out receiving a call there ; in which case they are free to come south, and accept of a call. And any north-country proba- tioner who shall be otherwise settled, is ipso facto transport- able. And no doubt the same certification may be extended against ministers and probationers, having the Irish language, that are settled in lowland congregations, contrary to the foresaid act, conform to the 11th act of Assembly 1708. 33. By the 16th act of Assembly 1697, for the more expe- ditious planting of the north, the agent of the kirk, or any person deputed by him, is authorised to prosecute calls from the north side of Tay, and other presbyteries there mentioned. BOOK FIRST- 191 to any minister belonojing to any parish on the south side of Tay. But as for parishes in the south of Scotland, they pro- secute calls thus : After the call hath been signed and attested, as is Sect. 8, the moderator is to propose to the meeting, that they appoint some of their number, not only to present their call to the presbytery, for their approbation and concurrence, but to prosecute the same till it be brought to an issue . Which commission is to be signed by the moderator and ses- sion-clerk, in respect that all the deeds of that meeting are re- corded in the session-books. 34. By the 13th act of Assembly 1697, upon a letter from the Commander in Chief of His Majesty's Forces, it is recom- mended to the respective kirk-sessions where the forces are quartered, to provide them with convenient seats for hearing, and to inspect them as they do other parishioners. And the commission of the General Assembly, upon application from the chief commanders, is to settle ministers in regiments be- longing to this kingdom : But when the commission is not in- structed to receive such applications, then, no doubt, they are to be made to the presbyteries. Thus we see that ministers do not receive their warrant to take oversight of a regiment, as colonels and other officers do their commissions from the Sovereign. 35. By the 13th act of Assembly 1708, it is transmitted as an overture to presbyteries, that when the sufficiency of in- trants to the holy ministry is contested in the presbytery that ordains them, that in this case the presbytery shall refer the whole affair to the respective synods, and that the synod shall appoint some of their number to examine coram such intrants, and give directions to the presbyteries in such cases. TITLE II. Of Transportation and Admission of Ministers. 1. Transportation or translation, is an authoritative loosing of a minister's relation to one charge, and a making up of that same relation betwixt him and another, done for the greater good of the church. This act hath no resemblance to the dis- solving of the relation itself betwixt a minister and the church, as in the censure of deposition : But it only resembles a master's taking one from labouring in such a part of his vineyard, to continue the same work in another part thereof. 2. No minister is to receive or entertain a call from another 192 BOOK FIKST. congregation, till it come to him by his own presbytery. And any man transporting himself to another congregation, de- serves both to be loosed from his own charge, and debarred from entering into the other : The canonists upon this title do thus determine, Qui enhn sua proprai auihoritate ad aliam sc trans/ert ec:lesiatn, priore relicta, et suam amittit et ab aliena repellitur. Vide Petri Biarnoy Exam en Juridicum. 3. The presbytery having heard, by word or petition, these commissioned from the vacant congregation to prosecute the call, and after sustaining their commissions, and finding the call, as to what appeareth at present, to be orderly, and the reasons thereof not without some ground and weight, they are thereafter, at the same diet, to deliver their call, by their moderator, to the minister desired to be transported, with the reasons thereof, and to summon him, apud acta, to appear be- fore the presbytery, the time for compearance being at least fifteen free days thereafter. 4. If the minister called be absent from the presbytery, then the call, with the reasons thereof, or rather a double of both, attested under the clerk's hand, are to be delivered him by to the presbytery officer, either personally, or at his dwellmg- house, together with a citation for him and his parish to appear ut supra. 5. A. B. Moderator, &c. Forasmuch as, the heritors, elders, &c. of the parish of have applied to us for our warrant and precept to cite Mr C. D. minister at and the parishioners thereof, to hear and see the said Mr C. I), transported in manner, and to the effect under- written, conform to a call given him by the said parish. Herefore, we require you, that upon sight hereof, ye pass, and lawfully summon the said Mr C. D. personally, or at his dwelling- place : And siclike, all and sundry the parishioners of the said parish of by open reading hereof, and affixing a just copy of the same at and upon the parish kirk door, upon a Sabbath day before noon, immediately after sermon and pronouncing the blessing, all upon fifteen free days warning, to compear before the said presbytery, within the kirk of upon the day of next to come, in the hour of cause, with continuation of days, to hear and see the said Mr C. D. transported, by sentence of the said pres- byterj'-, from the said parish of to the said parish of to serve in the work of the ministry thereat ; or else to alledge a reasonable cause to the contrary. With certifi- cation to them if they fail, they shall be holden as consenting BOOK FIRST. 193 to the said transportation : And the said presbytery will pro- ceed to do therein according as they shall find just. And this t>ur precept you are to return duly execute and indorsed. Given at by A. B. Prbrii. Cls. 6. If the presbytery have ground to fear that their officer may meet with molestation or opposition, in executing of their summons, the General Assembly, for preventing of deforce- ment and profanation of the Sabbath, by their 7th act, 1704, ordains the minister himself, being cited apud acta by the presbytery, or, if absent, by the presbytery's letter, to be pre- sent at the day appointed for hearing the cause ; whereof the minister is appointed to give advertisement from the pulpit, to his elders, heritors, &c. In short, to all that were con- cerned in calling him, they may be present at the presbytery, on such a day. For which cause the minister is appointed to communicate unto them the call, and the reasons thereof, transmitted to him. But this he ought also to communicate in all ordinary citations, if he intends the parish should de- fend their right and possession. As for this extraordinary- way for citing a parish, there was more need for it at the beginning of our happy Revolution, when there were few ministers and expectants, and many competing vacancies. But now when the churches are generally planted, and seeing there is such a plentiful nursery of hopeful probationers for supplying the few remaining vacancies, there is rather ground to fear that there be competing different calls from one parish, than of calls from distinct parishes to one man. But if it should happen that neither minister nor parish compear, then the presbytery is to grant certification against them, by hold- ing them as consenting to the desired transportation. 7. By the 6th act of Assembly 1694, it is recommended to vacant parishes, that they do not attempt a transportation, till they first seriously essay and follow other means of providing themselves : Which is indeed the speedy way to increase the number of labourers in the Lord's vineyard, and to continue others at the place appointed for their work. 8. By the same act of Assembly, all debates in processes of transportation, must be managed with that meekness and brotherl}^ kindness, as becometh parts and members of the same body of Christ, and that they represent their reasons and answers with perspicuity and brevity. 9. And to prevent contentious appeals in such matters, it is ordained by that act, that if both the competing parishes be within the same presbytery, in that case the presbytery's 194 BOOK FIKST. decision shall be obeyed ; or if the parishes be in different presbyteries, and both presbyteries in the same synod, in that case the decision of the synod shall take effect. But with certification that the respective judicatories appealed from, shall be censured, if they be found to have mal versed ; and on the other hand, if any be found unnecessarily to pursue appeals and complaints, they shall be severely censured therefor. 10. By the 5th act of Assembly 1702, the parish craving transportation is to satisfy the judicature if there be a legal stipend, and a decreet therefor. It were to be wished that the church were truly and better informed of the quantity and circumstances of every benefice within the nation, that so they might be directed to apply accordingly : and for that end, let presbyteries be appointed to give in an exact account of these within their bounds, that the same may be insert and registrate in the books of the General Assembly, conform to the act August 31, 1647. 1 1 . Actual ministers, when transported, are not to be tried again, as was done at their entry to the ministry. But only the presbytery, in which the calling parish lies, shall judge of his gifts, from what they have heard of him in the exer- cise thereof, whether they be fit and answerable for the condition and disposition of that congregation. There are abilities requisite to make one a fit minister for some consider- able parishes, which are not so necessary to one in a small private parish. Eminent congregations are such, where are universities, towns and burghs, places of noblemen's residence, or frequency of Papists. Vide Assem. 2d Aug. 1642, inter- preting the act 1596, concerning the trial of ministers, ratified December 17, 1638, and § 16. Tit. 1. 12. As there useth to be solemn prayer at the fixing of a ministerial relation to a certain charge, so when that is changed and carried into another, it is very fit, as is used, that light and direction should be sought in such a weighty and concerning matter to the church, from the glorious God and blessed Head thereof, and that immediately before the judicature enter upon the process. 13. The which day, anent the summons touching and anent the citations given to the said Mr A. B. and his said parishioners, to have compeared before the said presby- tery, at certain days now by-past, with continuation of days. The said summons, and all parties having interest, being called in presence of the said presbytery ; and last of all, BOOK FIRST. 195 Upon tlie day and date of thir presents the said pursuers compeared by their commissioner ; and the said Mr A. B. and his parish of being lawfully summoned, and they compearing ; the said presbytery having heard and considered the call given to the said Mr A. B. by the said parish of and the reasons produced by the pursuers for inforcing the said transportation ; and also having maturely considered the good and advantage of the church in the said transportation and being well and ripely advised in the haill pre- mises ; the said presbytery (after calling upon God for light and direction) by their vote, have transported, and hereby transports the said Mr A. B. from the said parish of to the said parish of to serve in the work of the ministry, as their lawful pastor thereat, and appoint Mr C. D. minister of to declare the said kirks of vacant upon Sabbath the day of conform to the acts, practice, and constitutions of this church used in the like cases. 14. If the congregation to which the minister is called doth lie in the bounds of another presbytery, then the presbytery to which he belongs does only transport him, declares his kirk vacant, and appoints him to wait for, and obey the orders of the presbytery where the charge lies to which he is transport- ed, as to the time of his admission thereto. But if both parishes lie within the bounds of the judicature which tran- sports, then they appoint the time of his admission also. 15. If the minister called had not any relation to a par- ticular charge in the church, then the presbytery hath nothing to do but admit him after the former steps of call and edict, &c. 16. When a minister, formerly ordained, comes to be ad- mitted minister in such a congregation, the same is performed by the presbytery in face of the congregation, with the same solemnities of an ordination : Only there is no re-imposition of hands, nor any thing that is peculiar or essential to ordi- nation. And the only questions needful are these : 1. If he does adhere unto, and promise, in the Lord's strength, to per- form his ordination engagements ? 2. If he hath had any indirect hand in his own transportation or admission to this parish ? 3. If he doth now accept of the charge of this parish, and promise, in the Lord's assistance, to discharge ail the parts of the ministerial function among them faithfully ? 17. The presbytery of being met at the parish kirk of conform to an appointment made by the said pres- 196 BOOK FIRST. ' bytery, dated to the effect under-written ; taking to consideration, that the present magistrates, town council, he- ritors, and elders of the said burgh and parish of had given a call to Mr A. B. minister of the Gospel, inviting him to be their minister. And sicklike, that the said call had been orderly presented to the said presbytery, and by them sustained ; and also that the said call had been accepted by the said Mr A. B. and that thereupon the said presbytery had appointed the said Mr A. B. his edict to be served upon Sabbath the day of and also appointed a meeting of the said presbytery for his admission, to be held this present day and place. The said presbytery being now met conform to the said appointment, and having seen and considered the said edict duly and orderly served and indorsed, and returned conform to the practice of this church, did cause thrice publickly call all having or pretending to have interest, to compear and propone their objections, if they any had, against the said Mr A. B. his life, doctrine, or qualifications, or against the foresaid call, and the procedure thereon above- mentioned, why he should not be admitted lawful minister of the said burgh and parish : but none compeared to eject there- against. Likeas thereupon after sermon preached, conform to appointment of the said presbytery by Mr C. D. minister at the said presbytery, did in presence of the whole congregation there assembled for the time, admit, receive and appoint the said Mr A. B. to be minister of the foresaid burgh and parish, according to the order and practice of this church. And sicklike, the magistrates, town council, heritors and elders of the said burgh and parish, did take the said Mr A. B. by the hand, in testimony of their receiving him to be their minister. Extracted forth of the records of the said presby- tery, by &c. 18. Acts of ordination and admission by the presbytery, are in place of presentation, collation, and institution, and serve for them all, as a sufficient and legal title to the benefice. 19. Some things there are which may debar a man's enter- ing into the ministry, and may be reason enough for the church to shut the door upon him, such as some mistakes and escapes oflfensive in the life, that may proceed from rashness, weak- ness, ignorance, or want of prudence : yet when once he is admitted, and entered, the like escapes will not be found suf- ficient to depose and thrust him out; for mulla impediunt ma- trhnonbim contrahendurn, qvce non dirimunt contiactum. BOOK FIRST. 197 TITLE III. Of Acs of Transportability, of Demissions, and Missions, and Colleague Ministers. 1. When a minister labours under insupportable griev- ances in a parish, whereby his ministry is rendered unedify- ing to the people, and uncomfortable to himself; in these circumstances (all other means having been essayed and proved ineffectual for redressing his grievances) the pastor doth apply to the presbytery for an act of transportability. Whereupon they appoint one of their number to preach at that kirk, and after forenoon's sermon, to advertise tne parish, being the defenders, to appear before the presbytery, on such a day, and there hear and see their minister obtain that act in his favours, or otherwise to propone reasons in the contrary. After hearing of both parties, their brother's complaint being found relevant and verified, an act of transportability is granted. 2. By which act the presbytery looseth their brother's re- lation to that parish as fixed minister thereof, and declares that through their direction and inspection, he is capable to receive a call to any other charge, without their being called as having any interest ; yet, in the mean time, till such an occasion of removal be ofiered, they do appoint him to exerce his ministry in that parish ; whereby his right to intromit with the benefice continueth as formerly, the act of transport- ability being occasioned through the people's fault. But this act will be but rarely sought in a well-planted church ; and, without granting it, the presbytery may use innocent and prudent methods for obtaining a call to their grieved brother from some vacant parish, which will as effectually answer the end as such an act can do. Upon the whole, this practice hath been but rare, and its expediency, to say no more of it, is disputed by many. 3. It is in the church's power to accept of demissions or not, as they find the grounds of them to be. They use to run in these terms. I Mr A. B. minister at C. for such causes demit my ministry at the said parish of C. purely and simply into the hands of the presbytery of D. declaring that for my part, the said parish shall be held vacant, and that it shall be free to the parish and presbytery, after due intima- tion hereof, by warrant of the presbytery, to call and plant another minister therein, and consents that this be recorded i98 BOOK FIRST. in the presbytery books, ad fidurum rei memoriam. In wit- ness whereof I have subscribed thir presents at &c. 4. Which demissions being received by the presbytery^ they are thereupon to appoint one of their number to preach at that kirk, and after forenoon sermon to make intimation of the acceptation of the demission, and the presbytery's order thereon, to declare the kirk vacant. The execution whereof being reported to the presbytery, and recorded by them, they are to proceed and plant that parish, as they do other vacant congregations. 5. When the vacancies are many, and the ministers in some part of the church so few in number, that it exceeds the power of classical or provincial assemblies, in wliose bounds they lie, to supply tnem ; then the General Assembly who is con- cerned in these bounds, as parts of the national church, doth appoint ministers by way of mission to supply these vacancies : for this, see the acts of several late Assemblies for supplying the north, and the instructions given to their commissions con-' cerning that affair. As also, by appointment of this church, ministers have been transported, ordained, and sent in mis- sion to the Scots African and Indian Company's colony in Caledonia in America. 6. Upon petition from the most part of the Scottish nation in the north of Ireland, in their own name, and in name of the rest of the Protestants there, to the General Assembly in the years 1642, 1643, and 1644, representing the extreme ne- cessity they had of more ministers, and how this church had formerly supplied other churches in Germany and France : The Assembly being willing to sympathise with every mem- ber of Christ's body, although never so remote, much more with that plantation which was a branch of their own church, they did for some years send ministers in mission to supply there^ as may be seen by the printed acts in the years above- named. But in Assembly 1690, Sess. 8, they declined to send any ministers to Northumberland, upon a petition from Some in that country, in respect that these people do not be- long to this national church. 7. As it is tlie constant prayer and hope of the reformed churches, that the kingdom of Christ may and shall be en- larged by sending the gospel to the rest of the heathen ; so, in testimony of the sincerity of these hopes and pi*ayers, thej* must be joined with suitable endeavours for spreading the gospel among them. This church hath not that happy op portunity, and invitation of concurring Providence to forward BO ox FIRST, 19^ that work that some other churches have, through our want of foreign plantations, and by being injuriously dispossessed of what we had, as the 33th minute of the proceedings in Parliament 1701 doth complain. 8. When a parish, though not of so great extent as to re- ^quire a new erection, becometh so numerous, that albeit a minister's voice may easily reach them all, the seats being conveniently placed ; yet he is not able alone to discharge the other ministerial duties, with that exactness and ease which pastors of ordinary parishes may do, it is but reason- able in that case to join a yoke-fellow with him. By the act of Assembly, July 30, 1641, it, is declared that old ministers and professors of divinity, shall not, by their cessation from their charge, through age and inability, be put from enjoying their old maintenance and respect. This doth likewise agree with the 48th act, chap. 1, of the French Church Discipline. And by the Book of Policy, chap. 7, when ministers through age, sickness, or other accidents, become unmeet to do their office, in that case, their honour should remain to them, their kirk should maintain them, and others ought to be provided to do their office. Thus they still enjoy double honour, viz. reverence and maintenance. 9. When a parish findeth work for two ministers, and they divide the same equally between them, nothing can be reason- ably alleged against snaring of their wages from the parish accordingly ; except it be said, that he xvho gets the first call to the greater benefice, will from that take advantage to keep .possession thereof. Which practice, however it may receive protection from strict law, yet justice, which is mixed with equity and kindness, condemns it : Seeing his helper or second is to DC always as fit for the same charge as he, is appointed by Assembly 1646, in the first remedy proposed against the ^corruptions of the ministry. 10. When he who had the greater stipend (it having been neglected at his entry, to oblige him to divide the same equally with his colleague) is now removed by death or otherwise, then the parish is not obliged to allow the surviving colleague to succeed to and uplift the first stipend, except he be content and engage to amend his predecessor's manners, which if he refuse to do, at the sight of his callers and the presbytery, then let him only enjoy the stipend to which he was called. But the most effectual way and proper season for obliging -solleagues to share their benefices, is thus to be done at their caJling and admission : Insert in the call, that as he is to be one 200 BOOK FIRST. of the ministers of such a parish, so he is to have the half of the stipend : and let his ordination and admission act carry that same qualification. But colleagues of consent may pre- vent this. 11. By the act of Assembly, December 17, 18, anno 1638, one of the ministers without advice of his colleague, is not to appoint diets of communion nor examination, neither to hinder his colleague from catechising, (to wit, from house to house,) and using other religious exercises as oft as he pleaseth. But now the kirk-session doth direct as to these diets, for com- munion especially. 12. Colleagues are to apply themselves to doctrine, accord- ing to the gifts wherein they most excell, and as they shall agree betwixt themselves. See Directory for Preaching the Word. TITLE IV. Of Expectants, as also Students and Bursars. 1. The Presbytery is not only to hinder those whom they know to be unfit, from entering upon their trials ; but also they are to look out for, and stir up such, whose gifts are pro- mising, to submit themselves unto trial, and that albeit the one were a professed student of theology, and the other were not. 2. Before any presbytery invite students to pass their trials, they are to be satisfied as to the soundness of their principles, and of their sober, grave, prudent, and pious behaviour. And it is appointed, that such persons shall produce, before the presbyteries who admit them to trials, sufficient testimonials from the ministers of the parishes where they lived, and from the legally established presbyteries in whose bounds they re- side, and also from the Professors of Divinity. See the 10th act of Assembly 1694. As also, by an act of the Assembly thereafter, it is recommended to presbyteries, before any be admitted to trials, that they see their testimonials of their passing their course in philosophy, and their obtaining their degrees of Masters of Arts in some university. And by the 13th act of Assembly, 1696, probationers that apply to pres- byteries are not only to bring sufficient testimonials, but also a letter of recommendation horn a person known to the pres- bytery. And by the 5th act of Assembly 1705, testimonials from professors of theology, in favour of such as are to enter upon their trials, are not to be regarded by presbyteries, un- BOOK FIRST. 201 less tliey bear their knowledge of these they recommend tb trials, as to their moral and pious carriage, as to their progress in their studies, and their promising parts, and of their good affection to the government of church and state, and fitness to serve the church. 3. The trials of a student, in order to his being licensed to preach the gospel, do consist in these parts : 1. The Homily, which is a discourse upon some text of Holy Sci'ipture assigned unto him by the presbytery, and delivered before them in private. 2. The Exegesis, which is a discourse in Latin upon some common head of divinity appointed him by the presby- tery, and delivered before them, at which time also he gives in the substance of his discourse, comprised in a short thesis or doctrinal proposition in paper, which he is to defend, at the presbytery's next meeting, against two or three ministers who are appointed to impugn his thesis. 3. The Presbyterial exercise and addition : The exercise gives the coherence of the text and context, the logical division, and explanation of the words, clearing hard and unusual phrases, if any be, with their true and proper meaning according to the original language, and other parallel places of Scripture, proposing and answering any textual questions that occur, and then a plain and short paraphrase upon the text : This is ordinarily the work of one half hour.. The addition gives the doctrinal propositions or truths, which, without straining, may be de^- duced from the text so explained, with reasons, applications and pertinent improvement and application, as the other half hour will allow. 4. A lecture, or exposition of a large por* tion of Scripture, ordinarily a whole chapter. 5. A popular sermon. These three pieces of exercise, viz. Presbyterial exercise, lecture, and popular sermon, are to be in the pulpit before the people. 6. He is to be tried in his knowledge of the original languages, by interpreting a portion of the Greek New Testament ad aperturam libri, and reading and ex- pounding a portion of some Psalm in Hebrew. Of his know^ ledge of sacred chronology, ecclesiastic history, especially of our own church, answering extemporary questions, of the meaning of hard places of Scripture, on heads of divinity, po- lemic or practical, on cases of conscience, on church govern- ment and discipline, and is likewise to be tried as to his piety, Jrudence, and former godly conversation, Act of Assembly, anuary 30, 1698. 4. By the 10th act of Assembly 1704, presbyteries are ap- pointed to lay it on some of their number to examine the st«- 202 BOOK FIRST. dents in their own presence upon the several heads of divinity, and the government of the church, and to know what reason they can give of their faith, and if they can answ^er to some principal objections of adversaries against it, and that previ- ously to all other parts of their trial. From all which it ap- f)ears, that from the beginning of trials to the time they are icensed to preach the gospel as probationers for the ministry, they are a full half year exercised in order thereto, allowing the ordinary meetings for presbyteries to be once a month. Which time for trials will yet be longer, if we consider the 13th act of Assembly 1708, appointing private trials concern- ing his sense, and experience of religion, yet previous to all these mentioned. 5. By the 3d act of Assembly 1697, the commissioners from the several presbyteries within this church, are to bring in an account to the General Assembly yearly, of all expec- tants or probationers for the ministry. As also, of all stu- dents who attend lessons of theology in universities, and per- form the exercises enjoined them there, that their names may be read in open Assembly, and recorded in their register. Which is a mean to bind all candidates for the ministry to a circumspect walk, that the church may receive good impres- sions of them. 6. At the day of the which day the presbytery of taking to their consideration, that in obedience to several acts of General Assemblies made anent trials in order to preaching, they had upon the day of received sufficient testimonials in favours of Mr A. B. student in divinity, and that thereupon they had ap- pointed some of their number to make searcn and inquiry into the literature and behaviour of him the said Mr A. B. Which brethren having upon the day of reported, that according to the appointment foresaid, they had privately taken trial of his knowledge in divinity, and of what sense and impression he had of religion upon nis own soul, and that they had cause, from what they found in the foresaid trial, to judge him fit to be received and entered upon public trials, in order to his being licensed. Whereupon they, the said pres- bytery, had admitted the said Mr A. B. upon probationary trials, who having, in all the usual parts thereof, at divers times thereafter, acquitted himself to tneir satisfaction and ap- probation ; therefore they did and hereby do License the said Mr A. B. to preach the gospel of Christ as a probationer for the ministry within their bounds, he having in their pre- BOOK FIRST. 203 sence undertaken the usual engagements appointed by the acts of this church. Extracted, &c. Nota, These engagements are here omitted, hrevitatis causa, vide § scq. At his removal out of the bounds of the presbytery where he was licensed, his testimonial is in this form. At the day of the which day, the presbytery of do tes- tify and declare, that Mr A. B. preacher of the gospel, has, since his being licensed by tTiem, preached several times both at their appointment and the desire of particular brethren within the bounds, to their satisfaction, and that his carriage, so far as they know, hath since that time, been pious, exem- plary and edifying as became a preacher of the gospel, and that he hath been obsequious to all their appointments. There- fore they do by these presents recommend the said Mr A, B. accordingly to any presbytery where God in his providence shall cast his lot, for all due and suitable encouragement from them. Extracted, &c. 7. By the 10th act of Assembly 1691, it is appointed. That when persons are first licensed to preach, they shall oblige themselves to preach only within the bounds, or by the direc- tion of that presbytery which did license them ; and they shall also, by promise and supplication, engage themselves that they shall be subject to the said presbytery, or to any other church judicature, where in Providence they shall have their abode, and that they shall follow no divisive course ; which engagement is to be insert in the body of their license. Vide lib. 3. tit. 8 § 11. 8. By that same act it is appointed, that when they are re- moving from that presbytery which did licence them, they shall carry with them an extract of their license, and a testi- monial of their carriage, which they are to produce to some presbytery constituted by the legal establishment, or at least to some minister therein, before they preach within that bounds ; which minister is not to employ them, except in his own pulpit, till he give notice thereof to the presbytery at their next meeting. And they are then to require the same subjection and orderly carriage from them, during their abode in that bounds, to which they were engaged to the presbytery by which they were licensed. 9. And in case any probationers shall have their licenses suspended or recalled, for error in doctrine or malverse in conversation, then intimation shall be made thereof by the judicature which hath so censured them to the neighbouring judicatures, or where they shall understand the said proba- tioners are, that so none may employ them to preach. 204 BOOK FIRST. 10. An^l, lastly, by the same act it is declared, That pro- bationers are not to be esteemed, by themselves or others to preach by virtue of any pastoral office, but only to make way lor their being called into a pastoral charge. 11. It is the laudable practice of some presbyteries, to li- cense no probationers till they acquaint their neighbouring pres* byteries, that such persons are passing their trials before them. And upon a return, that they know nothing that should impede their being licensed, then they proceed. 12. Every presbytery, consisting of twelve ministers, is appointed to maintain a bursar, (that is, one out of the com- mon purse,) and where the number is fewer than twelve, they shall be joined to another presbytery. See act of Assembly, Aug. 7, 164-1. '' 13. Every bursar must have yearly naid him an hundred pounds Scots at least, the fund whereof' ought to be the pen- alties exacted of delinquents, and scandalous persons, by the civil magistrate, and by him delivered to the kirk-sessions. But if that fail, then the kirk-boxes in these presbyteries are to be proportionally stinted by them, according to the number of communicants in each parish ; which maintenance of an hundred pounds is to be collected by the moderator, of the which the several synods are to take account, and their books are to bear the report thereof to the General Assembly. It is also appointed, that the abode of bursars at schools of divinity exceed not four years. Vide act of Assembly, Feb. 7, 1645. 14. By the same act, bursars of theology are appointed to bring with them yearly from the universities, testimonials of their good behaviour and proficiency : and that none be chosen for bursars by presbyteries, but such as are of good report, and have past their course of philosophy, and their qualifica- tions are to be tried likewise before they go to universities, conform to acts of Assemblies 1647, 48, and 49. And by the 5th act of Assembly 1705, it is ordained, that in no parish the minister recommend youth to be taught in Latin upon charity m any grammar-school, but such as be dexterous in reading, and can write, and such as he judges to be of vir- tuous inclinations, which trial is to be in presence of some elders, and no school-masters are to teach any upon charity, but upon such recommendations. Item, it is ordained that presbyteries appoint a committee of their number yearly to examine poor scholars in grammar-schools, that so none of them be suffered to proceed to colleges with an eye to bur- saries, but such as are of good behaviour, and proficients in the Latin ; and ministers are to recommend none to bursaries. BOOK FIRST. 205 not so qualified : and masters of colleges are to lauriate no .bursars, but upon clear evidence of sufficient learning and good behaviour after strict examination. 15. For the better breeding of young men to the ministry, who are not able to maintain themselves at universities, (nor perhaps find that favour as to get bursaries,) presbyteries where such reside are appointed to direct their studies. Act June 18, Assembly 1646. 16. In order to the advancement and increase of the know- ledge of God in the Highlands, by the act of Assembly 1701, it is recommended to several synods to maintain a bursar of theology, having the Irish language, out of their own purses. And by the 13th act of Assembly 1704, in respect the Low- land presbyteries besouth Tay are competently planted, and that the promoting of knowledge in the Highlands is of com- mon concern ; therefore it is appointed that the one half of all bursaries of the presbyteries be-south Tay be bestowed on stu- dents having the Irish, at least the half thereof; which act is to continue at least for four years, and longer, if there shall be found need : and by the 5th act of Assembly 1707, contribu- tions, and ereccting of societies for the maintenance of poor scholars, are to be encouraged by judicatures and the com- missions of Assemblies. 17. By the act of Assembly Feb. 7, 1645, it is appointed that notwithstanding of any progress any may pretend to have made privately in their studies, yet in the college they shall not at first enter to any higher class than that wherein the Gi'eek language is taught ; and being entered, they shall pro- ceed orderly through the rest of the classes, until they finish the ordinary course of four years ; and otherwise that none be admitted to the degree of Master of Arts, unless the Faculty of Arts find him to be of extraordinary learning. 18. By that same act it is appointed, that none be allowed to enter the Greek class, but such who are found can make congruous themes in Latin, and are not to be promoted to any higher class, till it be found that they understand what was taught them in the lower. The annual examination of students at the first sitting down of colleges, looketh as if something like this were intended : but the best effects that such exami- nations do ordinarily now produce, may be the doing of jus- tice upon some poor ignorant students in keeping them back from advancing to higher classes. And as for the rest who pay the masters their ordinary dues, they are only thereby ex- cited to be at more than ordinary pains for some few days. It 206 BOOK FIRST. is a piece of justice done to the world, that those who are to gain and live by their learning, should not, under that pre-; tence, be suflfered to impose upon men by ignorance or craft. For, what a great deal of hurt are immoral, ignorant, crafty, and idle scholars, capable to work in their generations ? Let them be directed and obliged to serve their time in some honest vocation, where the want of so much knowledge cannot do so great prejudice; otherwise, it is highly reasonable they should study to have accomplishments, and a conversation suitable to the profession and character they bear in the world. 19. By that same act, none who have entered to one college should be admitted to any class in another, than that wherein he was, or should liave been in the college from whence he came ; nor be admitted without testimonials from the former masters, both concerning his literature and dutiful behaviour ; that so these who have been rejected or removed as unworthy or ignorant by one college, may not be admitted or promoted in another. And in order to the better education of young men for the ministry, by the 22d act of Assembly 1696, it is recommended to professors of divinity that they require of such students, as they employ in any exercises, testimonials from universities where they have studied, and the places where they have lived. 20. By the act of Assembly August ult. 1647, it is recom- mended to universities to take an account of all their scholars on the Sabbath-day, of the sermons, and of their lessons on the Catechism. TITLE V. Of School-Masters, and Instructors of Youth. 1. By the 17th act of K. W. and Q. Mary's Parliament, it is ordained that no professors, principals, regents, masters or others, bearing office in any university, college, or school, within this kingdom, be either admitted or allowed to con- tinue in the exercise of their said functions, but such as do acknowledge and profess, and shall subscribe the Confession of Faith, and swear the oath of allegiance (and now they must subscribe the same with the assurance. Vide act 6. Pari. 1693,) and withal shall be found of a pious, loyal, and peaceable conversation, and of good and sufficient literature and abilities for their respective employments, and submitting unto the government of the church now settled by law. And by the 10th act of Assembly 1700, all presbyteries are ap- BOOK FIRST. 247 pointed to take special, particular, and exact notice of all school-masters, chaplains, governors, and pedagogues of youth within their respective bounds, and oblige them to sub- scribe the Confession of Faith ; and in case of continued negligence, (after admonition.) error, or immorality, or not be- ing careful to educate these under their charge in the Protes- tant reformed religion ; the presbytery, with respect to school- masters, is to apply to the civil magistrates of burghs, and heritors in land- ward : And with respect to governors, chap- lains, and pedagogues, to their masters, for removing such persons from these offices : And if this be not remedied by them, that the presbytery, with respect to school-masters, ap- ply to the Commission of Parliament for visitation of schools and colleges : And it is appointed, that an account be given in every half year to the presbytery, by ministers, what school-masters, chaplains, governors, and pedagogues are in their respective parishes. And by the 1 3th act of Assembly 1706, such as have power of settling school-masters, are to E refer thereto men who have past their course at college, and ave taken their degrees, before others who have not, cceteris paribus. 2. By the act of Assembly Dec. 17, 18, 1638, presbyteries are to see that schools in land- ward parishes be settled with able men, for the charge of teaching the youth, public read- ing, and precenting of the psalm, and the catechizing of the common people. Which teaching of the youth I understand to be, teaching to read, write, and know the principles of re- ligion, according to the act of Assembly Aug. 3. 1642 ; and by that same act, every presbytery, seat, and burgh, is to have a grammar school. TITLE VI. 0/ Doctors, and Professors of Theology. 1. According to the fifth chapter of the Policy of the Kiirk, in the General Assembly 1581, the office of the doctor or catechiser, is one of the two ordinary and perpetual functions that travel in the word. He is to open up the mind of the Spirit of God simply, without such applications as the minis- ters use. They are such properly who teach in schools, col- leges, or universities : But to preach unto the people, to ad-4 minister the sacraments, and to celebrate marriage, do no't pertain to him, except he be called and ordained thereto. I^ 208 BOOK FIRST. the pastor be qualified for it, he may perform all the parts of the doctor's office, that being included in the pastoral. By the 2d article, chap. 11. of the Discipline of the French Church, a doctor in the church cannot preach nor administer the sacraments, unless he be both doctor and minister. And when the General Assembly, February 10, 1645, ratifies the propositions sent to them from the Assembly of Divines at VVestminster, concerning church- government, and ordination of ministers, they expressly provide, that the present ratifica- tion shall be noways prejudicial to the further discussion and examination of one of the articles or propositions, which holds forth, that the doctor or teacher hath power of the adminis- tration of sacraments, as well as the pastor. 2. Though the office of a deacon is included in the office of a ruling elder, yet it is fit that some be appointed deacons, distinct from that of the elder ; so, albeit the office of a doc- tor be included in that of the pastor, yet it were very fit that some not in the sacred order of the ministry were ordained and set apart to teach and catechise the people, especially in large and incommodious parishes, (see § 3. of the preceding Title,) as well as in schools and colleges. 3. By the act of Assembly February 13, 1645, for encour- agement to scholars for professions in schools, it is recom- mended to synods, to try who within their bounds most probably may be for a profession in the schools, and report their names to the General Assembly, that they may be stirred up and encouraged by them to frame their studies for such places. This cumulative power doth noways prejudge or hinder the faculty of an university (which hath power and right to elect) from doing of the same. It were to be wished, that this custom of synods, reporting to General Assemblies the names of such as are fit to be professors, were again re- vived, and more exactly practised ; for it would prevent the transporting of ministers to be only teachers or masters in universities, which is an appointing of him to exercise the office of a doctor, and dispensing with him from prt aching of the word, and administrating of the sacraments : Which dis- pensation, or the loosing of which tie, if it be a favour, it can never be imposed upon any pastor without his own consent : but if it be a punishment, it can be inflicted upon none with- out their fault. It is liker a commutation of offices than a transportation : or if he still continue to be a pastor, his pas- toral talent is thereby but much hid in a napkin. By the 3d article, 2d chap, of the French church-discipline, doctors and BOOK FIRST. 209 professor of di\'imty shall be elected and tried by the synods of the province where the academies are. 4. By the 5th chap, of the Policy of the Kirk of Scotland, the doctor, being an elder, is to assist the pastor in the govern- ment of the kirk. And by the act of Assembly August 4. 1643, professors of theology cannot be elected commissioners to General Assemblies, except they be ministers ; so that, as doctors, they are not ruling elders, and the Assembly consists of none but pastors and elders : therefore, as doctors, they cannot be members of church judicatures for government an3 ruling; see §. 1. huj. tit. 5. By the act of Assembly June 18, 1646, professors of di- vinity are desired to present their dictates to the next General Assembly ; but they declined at that time to make any act about it for the future, till further consideration. TITLE VIL 0/ Ruling Elders. 1. He is called a ruling elder, because to rule and govern the church is the chief part of his charge and employment therein ; and albeit he may act as a deacon, yet his principal business is to rule well, and it belongs not to him to preach or teach. 2. If there be a total vacancy of ministers and elders in a parish, the presbytery should intimate to the heads of families, to meet with some of their number on an appointed day, and then name elders. But if the masters of families do not keep the appointment, then the presbytery are to nominate and chuse the persons to be elders. In case the vacancy be not total, then the minister and elders do chuse such as should be added to their own number from among the heads of fami- lies, and the fittest and most experienced of them may be sup- posed to be among the deacons ; see Assembly August 1, 1642. 3. The trial is to be by the minister and eldership of the congregation ; or, in case of the want of these, by the pres- bytery ; and they are to be tried both with respect to their conversation, and also of their knowledge in the principles of religion, and their ability and prudence for government. 4. Before ordination of elders, the names of the persons nominated and tried in order thereto, are to be publicly inti- mate to the congregation ; whereby all are required, in case of their having any objection that is relevant and true against their ordination, to represent the same to the kirk session. Q 210 BOOK FIRST, 5. Their ordination is to he by the minister of the congre- o-ation ; or by one from the presbytery, in the case above sup- posed, in presence of the congregation, upon a Lord's day after sermon is ended in the forenoon : at which time, the mi- nister calling upon the persons chosen to be elders, they are to be interrogate concerning their orthodoxy, and to be taken solemnly engaged, to adhere to, and maintain the doctrine, worship, discipline, and government of the church, and to lay themselves furth, by their office and example, to suppress vice, cherish piety, and exerce discipline faithfully and diligently. Then the elders chosen, still standing up, the minister is next, by solemn prayer, to set them apart, in verbis de prcesenti, After prayer the minister is to exhort both elders and people to their respective duties. 6. In case an elder change his residence, by removing into another congregation, if the session, upon a savoury report concerning him, shall think fit to add him to their number ; then, if he be content to accept, his edict is to be served, and he is thereafter admitted into the session ; his qualifications having been tried already in the congregation where he was ordained. 7. As the pastors and doctors should be diligent in teach- ing, and sowing the word of God, so the elders should be care- ful, in seeking after the fruit thereof among people's lives. They are to assist the pastor in the examination of them that come to the Lord's table, and in visiting the sick : They should cause the acts of Assemblies to be obeyed : They should be diligent in admonishing all men of their duty, according to the rules of the Evangel. And things that they cannot cor- rect by private admonition, they should bring to the eldership. See the Heads of the Policy of the Kirk. 8. By the ecclesiastic remedies against profaneness, en- acted in the Assembly August 10, 1648, it is appointed, that every elder have a certain bounds assigned him, that he may visit the same, every month at least, and to report to the ses- sion what scandals and abuses are therein, or what persons have entered without testimonials : and it were fit, that then some time were set apart for prayer : and it were also fit that elders should always keep an exact list of all examinable persons within their quarters, and thereunto put marks, to distinguish communicants from the ignorant and scandalous, and the poor and indigent from such as need not. 9. The duties of elders which are more public are these which lie upon them in the Assemblies of the church : in BOOK FIRST. 211 wKich ruling elders have right to reason and vote in all mat- ters coming before them, even as ministers have : for to Gene- i-al Assemblies, their commissions bear them to the same power with pastors. Howbeit, by the practice of our church, the execution of some decrees of the church doth belong to the pastors only ; such as, the imposition of hands, the pro- nouncing the sentences of excommunication and absolution, the receiving of penitents, the intimation of sentences and censures about ministers, and- such like. In short, the elder is to speak nothing to the church from the pulpit. 10. The number of elders in every congregation is to be more or less, according to the number of people therein, and plenty of fit and qualified persons for that charge ; and when they are once lawfully called to the office, they may not leave it again, while their gifts and abilities for discharging the same do continue. Albeit in some congregations, such a number of elders may be chosen, so as one part of them may relieve another for a reasonable time, from the burden and exercise of their ofl&ce, as was done among the Levites under the law. See the Book of Policy, chap. 6. TITLE. VIII, Of Deacons. 1 . The word Deacon is sometimes largely taken for all that bear ofiice in the ministry, and spiritual function in the church : but commonly it is taken for that ordinary and per- petual ecclesiastical office in the kirk of Christ, to whom the collection and distribution of the alms of the faithful, and ec- clesiastical goods do belong. See chap. 8, of the Policy of the Kirk : Where it follows, that, seeing this office is of di- vine institution, it is an unwarrantable omission in some con- gregations, that either they put no difference betwixt elders and deacons, or else they neglect to appoint any to the office of a deacon. See tit. 6. § 2. I do not think it reasonable or very consistent, for any to be zealous against adding to the kinds of office-bearers of Christ's appointment, while they are active in or connive at the diminution of any of them. If it be said, the elder is a deacon, I answer, albeit the pastor includes the office of a doctor, elder, and deacon, yet seeing these are £)f divine institution, reverence is in so far due unto it as to set up these distinct offices : as nothing should be added to the divine institution, upon pretence of imagined decency or order ixi. the iuvention, so nothing ought to be diminished therefromj 212 BOOK FIRST. upon pretence that some things in the institution are needless or superfluous. 2. As to what respects the election, trial, ordination, ad- mission, continuance, and number of deacons, the same me- thod may be used about them, as was done concerning elders, mutatis mutandis. 3. The duties of deacons may be reduced to these heads collected from Mr. Guthrie's treatise of elders and deacons, and the heads of the Policy of the kirk. 1. That they take exact notice of the poor, and that they timeously make their case known to the session, to the end their straits may be re- lieved, and so their breaking out into begging may be pre- vented. 2. They are to collect and receive that supply for the poor, which the members of that congregation, or strangers shall be inclined to offer. 3. That the money so received be faithfully delivered to the session, according to whose judg- ment and appointment the deacons are to distribute the church-goods. In which matters they have a decisive vote with the elders : but in other cases their opinion is only con- sultive, and they may be always present. 4. That they take care of orphans and idiots, and such as want knowledge and ability to dispose of, and order the things that concern their food and raiment. 5. They are to take care that what be- longs to the poor be not dilapidated, or misapplied, 6. They are to acquaint the ministers and elders of the sick within their quarters, that so they may be visited, and, if need be, supplied. 7. By the 9th chapter of the Policy of the Kirk, deacons were not only to collect and distribute the ordinary alm§, but all the church-goods, teinds, &c. and uplift and pay to the ministers their stipends. This were indeed a work proper for their office, an ease to the minister, and would pre- vent much noise and offence that is raised when charges to make payment are given, either at their own instance, or in name of their assignees or factors. 8. They may be employed to provide the elements, to carry them, and serve the commu- nicants at the Lord's table. TITLE IX. Of Moderators of Church- judicatures. 1. Seeing the moderator is frequently called to exercise the power of order, as solemn public ecclesiastic prayer, at least twice every session, to wit, at its first opening, and then at its closing, authoritative exhortation, rebuke, direction, it BOOK FIRST. 213 is convenient the moderator be always a minister : But if anv aiFect this office, he should be opposed in his ambitious pur- poses. The person chosen to be a moderator should be of such abilities that he can discharge the following work, viz. He is to look on himself as the mouth of the meeting ; he is to take on him authority, yet looking on it as theirs, not his ; he is to see all the rules for decency and order, prescribed by the judicature, exactly kept and observed ; he is to acquaint the judicature, of all the affairs that lie before them, and may propose the most speedy method how to dispatch them : he is to keep the members from interrupting one another, and from speaking among themselves, or from directing their discourse to any other than to himself; he should likewise keep mem- bers, in their speaking, close to the present business ; any thing that is spoken impertinently, he is calmly to resent it, according to its demerit, that greater heats may be prevented and diverted ; lastly, after the matter hath been fully reasoned on all hands, then he is briefly to resume the substance of what hath been spoke, and thereupon state the vote, and put the question. If the vote be equally carried, then the mode- rator, (who never votes but in that case) may cast it : and if he be non liquet, then the question may be put again at some other time. The moderator may likewise, upon any extraordinary emergency, by his circular letters, convene presbyteries and synods, before their ordinary time of meet- ing : So may the moderator of the last General Assembly, only they should be sure to have sufficient ground, and so cautious as to have a multitude of counsellors to warrant and support their adventure. 2. Our judicatures chuse no assessors to their moderators, only he ordinarily prevails with, or invites the most experi- enced to sit near him, that he may have them ready to direct and advise him ; and, in absence of the present moderator, his predecessor in that chair moderates ; and, in case of his absence, the eldest minister. 3. There is no constant moderator but in kirk-sessions, where the minister moderates ex officio ; and if there be col- leagues, they moderate by turns. Every presbytery, before they fall about business, chuse one of their brethren to be moderator, who continues for six months, from one provincial synod to another ; but the moderators of synods and assem- blies are changed at every new synod and assembly. The manner of chusing the moderators of these judicatures is thus : A list is proposed by the former moderator of two or three ; 214 BOOK FIRST. which list is ordinarily approved, with the addition of one or two more ; out of which list, the candidates having first, by- turns, given their voice, and removed, the moderator is chosen by the suffrages of the ministers and elders, and set in the place of the former moderator. 4. It is the privilege of all the members of any free judi- cature, to propose a vote, and have it put to the question, pro- vided it be seconded by another member, and that although both the moderator and other members should oppose the motion. TITLE X. Of Clerks, Readers, and Precentors. 1. Every judicature of the church is to have a clerk of their own chusing, to record their acts. They are, I think, as free courts as any councils of royal burghs, on whom the imposing a clerk is declared to have been contrary to law, by the meeting of estates 1689. At his admission, he is to give his oath de fideli, and continues either during pleasure or life, as they please to make it : But in case neither of these be clearly expressed in his act of admission, then it is to be understood only during pleasure, because all judicatures are still supposed to retain their liberty to dismiss servants when they will, unless a surrender or restriction of that liberty be proven. 2. Acts and deeds under clerks hands are probative writs, and the warrants thereof are presumed ; yet so, as if they be recently quarrelled, the warrants must be produced. No wise clerk will give an extract till the minutes of that diet have first been read. The extracts prove what was done by the judge, or what was said or alledged by parties, but they do not prove that the things alledged were true, except in so far as the instructions thereof are expressed. See Stair's In- stitut. page 688. 3. Albeit clerks be very near of kin to parties, yet con- sidering the knowledge and faithfulness, that in cnarity is supposed to be in church-judicatures, it may be thought that they will rather over-rule their clerk, than he them ; and therefore he cannot be declined. In inferior civil courts, where frequently there is but one judge, and it is known the clerk doth commonly excel him in knowledge, in which case a declinator should be sustained, and another appointed to be clerk to that process in his place, who is not of near kin to the party. BOOK FIRST. 2^15 4. At the beginning of the Reformation, when there was such a scarcity of ministers, and few of the people could either read themselves, or had ever heai*d the word of God publicly read in their own language ; our reformers, in the year 1605, did appoint men to read the Common Prayers and Scriptures, till these churches should be furnished with ministers : but now, seeing there is such an increase of knowledge, and plenty of teachers, there is no public reading of the word, ex- cept by such as are licensed, or ordained to preach it, and can help the hearers to understand the meaning thereof. 5. Precentors, or chanters, are they who begin and order the tune of the psalm that is to be sung, and thereby direct the church's music : By the vulgar sort they are yet called readers, though improperly. They are in most congregations clerks to the kirk-sessions ; see Book II. tit. 1. § 25. 6. Beddals, or beedies, are by our judicatures called offi- cers. They are to the church what the apparitores were to civil courts, viz. magistratum tninistri, qui eorum jiissa exe- qinintur, so called, quia prcesto sunt, ohsequunturque magis- tratibus. At their admission they give their oath de fideliy because their executions bear faith. They should be persons of a blameless life, and well affected to the church establish- ment, who will not discover the secrets of the judicature ; and they should also be such as can read and write. TITLE XI. Of Kirk- Sessions. 1. Albeit in a session the minister is moderator ex officio, as hath been said, yet he hath by right no more power there- by than the moderators of other church judicatures. See the act of the General Assembly, Dec. 17, 1638, anent voting ia kirk-sessions ; ministers moderating therein, are not to usurp a negative voice over the members of his session ; and where there are two or more ministers in one congregation, that they have equal power in voting, that one of them hinder not the reasoning or voting of any thing, being agreeable to the acts and practice of the kirk ; and, even in that case, voting and reasoning upon any subject can never be hindered, it being inconsistent with the liberty of a free court to be im- peded or compelled : But the debate may perhaps furnish ground for a protestation or appeal. See Tit. 8. § 6. 2. The kirk-session consists of one or more ministers, and of the elders of the congregation, and it is most convenient 216 BOOK FIRST. they meet weekly on a week day after sermon ; for on the Sabbath, matters of civil right, such as discharging of the almoners' intromissions, securing of money, or ordering of diligence for recovering the same, ought not to be treated or concerted by any man, and far less by church guides, whose office it is to check that profanity in others. The deacons are always present, not for discipline, but for what relates to their own office. Ignorant and scandalous persons are to be put off, and kept off from kirk-sessions. See act of Assembly, Aug. 10, 1648. 3. The matters treated by them, are what concern church discipline, and the worship of God in that congregation ; as, what days of the week are meetest for assembling to public worship, and what hour on the Lord's day before and after noon ; when it is seasonable for parochial fasts and thanks- givings, what times are fittest for catechising and visiting of families ; how often, and when the Lord's supper is to be celebrated. They are likewise to inquire into the knowledge and spiritual state of the members of the congregation, whom they are to admonish or encourage as they see cause, and to exclude from the Lord's table all who are found ignorant or scandalous. 4. In the ordering of all which matters, nothing is to be done by them, but what is according to the settled order and practice of this church ; and if there be any new or difficult emergency that causeth doubting or hesitation, the matter is to be referred to the Presbytery, for their direction and au- thority. 5. By the 5th chap. 28th and 30th articles of the French church discipline, consistories shall not give certificates to magistrates by act or otherwise, nor shall particular members of consistories discover unto any the confessions of penitents, which voluntarily, or by admonitions given them, snail have confessed their faults unto them, except it be in the case of treason. And as for crimes which shall be disclosed to minis- ters by those who desire counsel and consolation, they are enjoined not to reveal them to magistrates, fearing lest blame should be drawn on the ministry, and sinners for the future should be discouraged to come to repentance, and make con- fession of their faults, which shall stand good in all crimes confessed, except it be treason. It should be considered, that none of the reformed churches of France had the happiness always to have those of their own religion to be their constant judges ; and the reputation of the Protestant religion was not BOOK FIRST. 217 tenderly treated, nor duly regarded, when consistorial dela- tions against their brethren were made to Popish judges, 1 Cor. vi. 1, " Dare any of you having a matter against another, go to law before the unjust, and not before the saints," in these times, when the church's enemies have power and authority ? But now, when the civil judges own the same way of God with the church, what should hinder them to inform the magistrate against delinquents, both to their and others terrors ? 6. In every session there ought to be twice in the year privy censures of the members, clerk and beddal. The mi- nisters undergoing their privy censures in the presbytery, are not to undergo them before the session. In the managing of this censure, the members are one after another to be removed, and then the rest of the members declare what they have observed concerning the conversation of him removed, and of his diligence and prudence of his station. It is to be re- membered by all church judicatures at their privy censures, that no member j udicially delate another, unless secret satisfaction hath been sought and refused. After elders, deacons, clerk, and beddal have past their censure, each of them, as they are called in, is either to be admonished before all, or others em- powered to do it privately, or else they are to be encouraged as need requireth. 7. By the act of Assembly August 19, 1639, the books of kirk sessions are to be presented once a year to the presby- tery, that they may be tried by them ; or when there is a visitation of the parish by the presbytery. Assembly Aug. 10, 1648. 8. By the act of Assembly February 12, 1645, it is re- commended to every kirk-session to buy the printed acts of the Assembly, and presbyteries are ordained to crave account thereof, and synods are to crave account from presbyteries. And it is added to this act, by the 18th of the Assembly 1705, that the agent for the kirk in all time coming, after every Assembly, so soon as the acts thereof shall be printed, trans- mit as many copies of the same to every presbytery as there be parishes therein ; and both presbyteries and sessions are ordained, at their first meeting after receiving the said acts, to cause read so many of them as are of public concern, in order to their observing thereof. And all this to be upon the charges of the several presbyteries and sessions. 9. By the 4th article of the 5th chapter of the French Church Discipline, it shall not be permitted to establish other 218 BOOK FIRST. council for any church business whatsoever, and if in any other church, there shall any other council be established, different from the consistory, it shall forthwith be suppressed ; nevertheless, the consistory may sometimes call to its aid such of the church as shall be thought convenient, and that the ec- clesiastical matters be treated of only in the place where the consistory doth assemble. They have lately erected in Eng- land societies for reformation of manners, not without some seeming success against vice and immorality, which is com- mendable and requisite there, until the discipline and govern- ment of their church be more pure, and better reformed. But for the church of Scotland, as now established, to imitate that example, beside that it might become an introduction to in- novations, it would resemble a vain youth's bringing wide sleeved coats in fashion, because some persons of quality, who had a distemper in their arms, were necessitated to cause make them wide for their own ease. The author of the Stage Condemned, p. 45, proves stage plays to be condemned in Scripture by this argument, that which God hath appointed sufficient means to accomplish, it is unlawful for men to ap- point other means to accomplish it. But God hath appointed sufficient means for recommending virtue and discountenanc- ing vice without the stage : Ergo, it is unlawful for men to appoint the stage for recommending virtue, and discountenanc- ing vice. And the same argument, mutatis mutandis, militates against these new lay societies for reformation of manners in the church, TITLE XII. 0/ Presbyteries. 1. This judicature consists of all the pastors within the bounds, and one ruling elder from each parish therein, who receives a commission from the eldership to be a member of the presbytery, and represent them there till the next synod be over : thus twice a year there are now elections of the ruling elders. The number of parishes associated in presbyteries for their mutual help, is determined by authority of the na- tional synod, December 17, 18, 1638, article 8, as the adja- cency of the congregations, and the easiness of travelling doth best allow. Where there are collegiate ministers, that ses- sion may send as many ruling elders. The directory for go- vernment saith, that to perform any classical act of government or ordination, there shall be present, at least a major pan o\ BOOK FIRST. 219 the ministers of the whole classis. Presbyteries should meet every third week, and oftener if business require it : But of this see § 3 of this title. 2. Every meeting of a presbytery is to begin with a ser- mon by one of the brethren appointed formerly for that effect, upon a text assigned him by them, except when probationers or intrants supply the pulpit in their public trials. The half of the time allowed for this presbyterial exercise is to be taken up in the explicatory and analytic part of the text, and in answering textual and critical questions and difficulties ; this part of the work is called making, and requires more espe- cially the gift of the doctor. The other half of the time al^ lowed is to be taken up in raising of doctrines and observa- tions from the text, and applying them in their several uses ; which last part is called adding, and it requires more especi- ally the gift, and necessarily the authority of the pastor. After the exercise is over, and the presbytery constitute, the censure of the exercise they have heard useth always to be their first work, which may be done before them who had the exercise. Beside this, the brethren of the presbytery, by the act of Assembly December 17, 18, 1638, are to have some common head of doctrine publicly disputed in the presbytery among the brethren, every first presbytery of the month, according to the act of Assembly holden at Dundee 1598, sess. 12. 3. By the foresaid act 1638, presbyterial meetings are to be weekly, except in places far distant, who, between the 1st of October and 1st of April, are dispensed with for meeting once in the fourteen days. See § 1. tit. 12. Likewise that act appoints all absents to be censured, especially those that should exercise and add, according to the act of Assembly, April 24, 1582. 4. The presbytery treats of such matters as concern the particular churches within their bounds, as the examination, admission, ordination, and censuring of ministers ; the licens- ing of probationers, rebuking of gross or contumacious sin- ners ; the directing of the censure of excommunication ; the cognoscing upon references and appeals from kirk-sessions ; the revising and rectifying what hath been ill done or negli- gently omitted by them, at their approving of the kirk-session books and records ; the answering of questions, cases of con- science, and solving of difficulties in doctrine or discipline, with petitions from their own or those in other presbyteries ; the examining and censuring according to the word of God, any erroneous doctrine, which hath been publicly or more pri- 220 BOOK FIRST. vately vented within their bounds, and the endeavouring the reducing and conversion of any that remain in error and schism ; the appointing of visitation of churches by themselves as occasion ofi'ers, or the perambulation of parishes in order to their uniting or disjoining ; all which are either concluded or continued to further consideration, or referred to the synod. 5. By chap. 6, act 11, of Assembly 1707, there are some processes which natively begin at the kirk-session, but for the atrocity of the scandal, or difficulty in the affair, or general concern, the session having frequent meetings of the presby- tery to have recourse unto, do not determine of themselves, such as scandals of incest, adultery, trilapse in fornication, murder, atheism, idolatry, witchcraft, charming, 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 censure, and continued contumacy. But processes for all such crimes and scandals are to be re- ferred to the presbytery, by an extract of their procedure thereanent. And when there is no confession of the scandals above mentioned, the session is not so much as to proceed to lead probation by witnesses or presumptions, till they be au- thorised thereto by the presbytery's answer to their reference foresaid. 6. When the process is so clear, as in the case of a judicial confession, then the kirk-session may summon the delinquent when before them apud acta, to compear before the presbytery ; but where there is any difficulty, they should first inform the presbytery, and get their allow^ance before the party be sum- moned before them. 7. When persons censured for these grosser scandals do apply to the kirk-session for relaxation, they may both be privately conferred with, and likewise their acknowledg- ments heard before the session ; but they ought not to be brought before the congregation, in order to their abso- lution, nor absolved but by direction and order of the pres- bytery. 8. Presbyteries in some cases may send commissioners to other presbyteries, either to advise them, or to seek advice from them. By act of Assembly, June 18, 1646, it is recom- mended, that a correspondence be kept among presbyteries constantly by letters, whereby they may be mutually assisting to each other. 9. In every presbytery, at least twice a-year, on days for prayer, as should be done in sessions likewise, before each BOOK FIRST. 221 synod, there ought to be privy censures, whereby each minister is removed by course, and then inquiry is made at the pastors and elders, if there be any known scandal, fault, or negligence in him, that it may be in a brotherly manner censured ; after the ministers, the presbytery clerk is to pass these censures likewise. By the 6th article of the 7th chapter of the French Church Discipline, at the end of the colloquies, amicable and brotherly censures shall be made, as well by the pastors as by the elders, which shall be there present, of all things which snail be thought fit to be represented unto them. TITLE Xlll. Of Parochial Visitations by the Presbytery. 1. Parishes are visited by presbyteries, either occasionally, pro re nata, according to the weight of the emergent which doth require the visitation, or ordinarily and in course, whereby every congregational church is visited once a year, Assem. 1633, sess. 23, 24, art. 3. At least this ordinary visitation should be going round all the parishes in order till they be visited, before others be revisited in ordinary : For by the 16th act of Assembly 1706, presbyterial visitations of parishes are to be frequent. 2. The presbytery is to cause intimation to be made of their appointed day for the visitation of that parish, by a brother of another congregation, from the pulpit, immediately after the forenoon's sermon, on the Sabbath, ten days preceding the day for the visitation, requiring the minister of the parish to preach at that time and place on his ordinary text, and summoning the heritors, elders, and whole congregation, to be present that day, to hear sermon ; and thereafter, that the minister, heri- tors, elders, and heads of families, do attend the presbytery, to acquaint them with the state of that kirk and congregation in every point ; and if any of them have certain knowledge of anything amiss in their minister, elders, deacons, precentor, session-clerk, schoolmaster, or beddal, that they do then ac- quaint the presbytery therewith. 3. The session registers, together with a catalogue of the minister's books, are to be produced to the presbytery, before the visitation, and given to two of the fittest brethren, and best acquainted with that minister and people, to be seen and re- vised ; and they to report at the visitation. 4. Sermon being ended, and the presbytery constituted, £ 222 BOOK FIRST. the minister's doctrine he had in his sermon, is first to be con- sidered, as in the presbyterial exercise ; then the church Bible, Confession of Faith, acts of the General Assemblies, acts and proclamations against profuneness, and other acts and papers relative to the church, are all to be called for and produced before the presbytery. The visitors of the sesion's registers, and minister's library, are to make their report. The pres- bytery, at the entry on the visitation, having removed the minister, are to cause read over their actings at the last visi- tation, and see if what was then recommended or ordered hath been made effectual, and take the excuses of absent elders and deacons therefrom ; and, if need be, to call in any party for information. If nothing arise from that, to di- vert the presbytery from the orderly method, all parties be- ing removed, the presbytery is to call in the session one by one, and to enquire at them concerning their minister : yea further, by the act of Assembly, June 13, 1646, at visitation of kirks, the elders, one by one, the rest being removed, are to be called in, and examined upon oath concerning the mi- nister's behaviour. 5. By the act of Assembly 1596, ratified December 17, 18, 1638, at visitation of kirks, the families of ministers are to give an account, and to be tried concerning the good order and behaviour that they observe within their families ; and such as are found neglecters of family-worship, or instructing of all in their families, or such as remove not those who are offensive therefrom, shall, after due admonition, be judged unfit to rule the house of God ; for he ought to be one that ruleth well his own house, 1 Tim. iii. 4. 6. The questions to be inquired by a presbytery at the eldership concerning a minister may be these, and such like : 1. Hath your minister a gospel walk and conversation before the people ? And doth he keep family-worship ? And is he one who rules well his own house ? Is he a haunter of ale- houses and taverns ? Is he a dancer, carder, or dicer ? Is he proud or vain-glorious ? Is he greedy, or worldly, or an usurer ? Is he contentious, a brawler, fighter, or striker ? Is he a swearer of small minced oaths ? Useth he to say. Before God it is so ; or, in his common conference, I protest, or, I protest before God ? Or, says he. Lord, what is that ? All which are more than yea and nay. Is he a filthy speaker or jester ? Bears he a familiar company with disaffected, profane, or scandalous persons ? Is he dissolute, prodigal, light, or loose in his carriage, apparel, or words ? How spends BOOK FIRST. 223 he the Sabbath after sermon ? Saw ye him ever drink healths ? Is he at variance with any ? Is there any that re- proaches him ? Or, is he well beloved of all ? And upon what ground is it that the variance or good liking of the people is? — 2. Keeps he much at home at his ministerial work ? Or, doth he occasion to himself distractions and unnecessary diversions therefrom ? Is he constant at his calling and stu- dies, or takes he but pains at fits and starts, such as at fasts, communions, visitations, &;c. ? Is Saturday only his book- day, or is he constantly at his calling ? — 3. Doth he discoun- tenance or discourage any that is seeking Christ ? Doth he preach sound doctrine, so far as ye can understand ? Doth he- preach plainly^ or is he hard to be understood for his scholastic terms, matter, or manner of preaching ? Doth he faithfully reprove sin, especially such as most prevail in the parish ? What time of day doth he ordinarily begin sermon on the Sabbath ? And when doth he dismiss the people ? Spends he too much time in his sermon, in repetition of what he said before ? Doth he lecture and preach in the forenoon, and preach again in the afternoon on the Lord's day, and that both summer and winter ? Doth he read a large portion of scripture in public, and expound the same ? Doth he preach catechetic doctrine ordinarily in the afternoon ? Hath he a week day's sermon, and collections on these days ? When the Lord in his providence is speaking extraordinary things, doth he tie himself to his ordinary text ; or makes he choice of one more apposite and suitable to the dispensation ? Seeks he to preach Christ his beauty and excellency, and to open up the power and life of godliness ? Endeavours he to discuss cases of conscience, to let you know your spiritual state, what it is ? — 4. Doth he according to the act of Assembly 1708, visit the people and families, at least once a year in a ministerial way, teaching and admonishing from house to house ? And doth he visit the sick when needful, and pray over them ? Doth he visit them who, through age and sickness, cannot come to the public worship ? Doth he labour to speak to the sick suitably to their various inward conditions ' Doth he not especially visit such as be exercised in conscience ? Doth he visit such as are afflicted by death of children, or other relations ? Visits he the widows, orphans, and poor ? If he be minister of a burgh, visits he the prisoners ? Is he not careful when he visits families to confer with them in private, and pray with them, thereby learning the case of their souls, that so the doc- trine in public may the better meet with their condition ? — 5. 224 BOOK FIRST. Doth he administer the sacrament of baptism in an orderly •way, when the congregation is convened ; or doth he it at any time privately ? Doth he add any word to, or alter the words of institution ? — 6. Doth he frequently catechise his parishion- ers, and administer the sacrament of the Lord's supper to them ? And is he careful in keeping from that holy ordin- ance all who are known to be scandalous, grossly ignorant, or erroneous ? How often have ye the communion every year ? Doth he not begin to catechise young ones about nine or ten years of age, and how censures he contemners of catechising ? What course is taken with contemners of the Lord's supper upon frivolous pretences ? At the Lord's supper doth he not cause cut the bread in large and fair shaves fit for mutual fraction and distribution, that as they give the cup to the nearest assident, so having broken off a part of the bread with their hand for themselves, they give tne rest to the person sitting nearest them ? Do your people all sit at the Lord's table ? In the time of distribution, eating, and drinking, is there any reading, or singing of psalms, or is there silence, and so time for meditation, except it be a short pertinent, and awakening word dropped by the pastor ? — 7. Hath he a competent num- ber of elders ? And hath he deacons in the parish distinct from elders ? Doth he keep sessional meetings frequently ? And is he impartial in the exercise of discipline against all offenders ? Is there frequent meetings of the members of ses- sion, for fasting and prayer, according to the act of Assembly 1699 ? Doth he travail with public penitents in private, to make them sensible of their sin, according to its circumstances, and sensible of mercy, that the love of Christ may overcome the love of sin? And then doth he absolve them, when brought up to some ingenuous confession and resolution for the future ? Doth - he ever censure persons for living idle, breaking of promise, or for backbiting ? Doth he censure keepers of superstitious days ? How doth he restrain abuses at penny-bridals ? Doth your session meet weekly ? Doth your minister coolzie any whom another brother hath in pro- cess ? Or doth he carry any way partially, that so he may become popular ? Doth he in session assume to himself a negative voice ? When he is necessitated to leave his flock, doth he not acquaint the session with it ? — 8. Is he careful to take away variances that full out among families, and compose differences among particular persons in the congrega- tion ? 7. After that the elders have answered to these or the like BOOK FIRST. 225 questions, then the heads of families are to be interrogate in general concerning the lives and manners of the members of the session ; and the pastor is to answer more particularly to these or the like questions : 1. Is your session rightly consti- tute, and all the elders and deacons duly admitted ac- cording to the acts of the Assembly? 2. Do they all attend gospel-ordinances, and the diets of the session ? 3. Are they grave, pious, and exemplary in their lives and con- versations ? Do they worship God in their families ? Is any of your elders an ignorant man, a drinker of healths, a tippler, a drinker excessively to drunkenness, a swearei*, an observer of Yule-days, &c. ? Is he one that observes not the Sabbath ? Is he careful to keep his oath of admission taken before God in face of the congregation, not to delate or censure, but as edification requires ? Do any of them work on solemn fast or thanksgiving days 1 Is any of them a mocker of piety ? 4. Are they diligent, careful, and impartial in the exercise of their offices ? Do the elders visit the families within the quarter and bounds assigned to each of them ? Are they careful to have the worship of God set up in the families of their bounds ? Are they careful in calling for testimonials from persons who come to reside in the parish ? Do the elders take all discipline upon themselves without the minister ? Or do they labour to carry things factiously, or by plurality of voices, contrary to God's word, and the laudable acts of the presbytery, provincial, or General Assemblies ? 5. Have the elders subscribed the Confession of Faith ? And are they well affected to the government, worship, and discipline of this church ? 6. Have the elders and deacons their distinct bounds assigned them for their particular inspection ? 7. Does your session always appoint a ruling elder to attend presbyteries and synods ? 8. Are the deacons faithful in their office, in collecting and distributing all the kirk-goods, and in ha^^ng a care of the sick poor. After all these queries are over, the minister and elders are to be severally encouraged or admo- nished as the presbytery sees need. 8. Then the precentor, schoolmaster, and clerk of the ses- sion, who in country congregations are ordinarily one and the same, and after them the beadles, bell-men, and church ser- vants, being removed, the presbytery is to inquire at the mi- nister, session, and heads of families, concerning their conver- sation, fidelity, and diligence, in their offices ; and the presby- tery is thereupon to proceed as the matter requires. 9. After all these inquiries, the presbytery removing the 226 BOOK FIRST. heads of families, the minister and elders are to be inquired concerning the congregation, 1. Doth the body of the people attend ordinances duly and timeously, and stay till the bless- ing be pronounced ? Are they diligent in improving the means of knowledge, and are they growing therein ? 2. Are they submissive to public and private exhortations, and to the discipline and censure of the church, by admonitions and re- proofs, as need requires ? And do they by their words and actions manifest a suitable respect to their minister and re- spective elders ? 3. Are they careful to educate their children and servants in the knowledge of God ? What success hath the gospel and labours of ministers and elders among them ? What scandals, schisms, heresies, or divisions are among thera, and if on the growing hand ? How doth they observe the Lord's day ? 10. Then the minister, heritors, session, and heads of families being present, the presbytery is to enquire after the state of the church, as to its fabric, the seats therein, and di- vision of the same, the church-yard dikes, the utensils of the church, communion cups, cloths, the minister's manse, if it be in repair, the glebe and stipend, the salary of the school- master, precentor, session-clerk, and beadles, and how the communion elements are provided, whether they be paid for out of the poor's money, and that when the communion is but celebrated once a year .? See lb. 2, tit. 2, % 24:. Inquiry is to be made how much the stipend is ? of what nature ? how paid ? and if there be a decreet of locality for it ? As also about the state of the poor, whether there be any mortifica- tions and legacies for them, or other pious uses ? and how these are secured, and their interest paid and applied, and how they have been managed and employed from time to time ? Sess. 18, Assemb. 1700. After the visitation is over, all parties are to be called in, and the moderator is to conclude all with prayer. TITLE XIV. 0/ Provincial Synods. 1. The synod or provincial assembly is immediately su- perior to the presbytery, and consists of several presbyteries met together for their mutual help and comfort, and for managing the affairs of public concern within their bounds. The number of presbyteries in each synod is determined by the National Assembly, and they meet ordinarily twice every BOOK FIRST. 227 year, and at such set times as the neighbouring synods may conveniently correspond one with another, which is done by sending a minister and ruling elder mutually from one to another, ^^z, the provincials of Lothian, Merse, &c. the pro- vincials 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. See lilsewise the order of the Provincial As- semblies in Scotland, according to the presbyteries therein contained, in the act of Assembly, December 17, 18, 1638, act 24. 2. The moderator of the former synod doth in the morning before the meeting, preach a sermon suited to the occasion, and after sermon doth intimate to the members, that they imme- diately repair to the synod house ; when they are met, he doth open the meeting with solemn prayer ; then the clerk having made up the synod roll from the rolls of each presby- tery presented to him by their respective moderators, he is to call the same over, and to mark the absents. In making up the synod roll it is usual to change the order thereof every synod, so that the presbytery that was first called in the roll of the former synod is now called last. Then the synod pro- ceeds to the choice of a new moderator, who first calls for the correspondents from the neighbouring synods ; and their commissions being read, they are inroUed as correspondents. 3. Committees are to prepare matters ; and to lop off un- necessary work for gaining of time, and to hinder heats by public debates, and to facilitate their work, they may sub- commit any part thereof to a few of their own number ; and they may likewise advise one with another in weighty affairs^ even before report to the synod, thereby the more to prevent debates. Any affair tabled before them, though by them re- jected, may be brought in, in full synod ; yet so as the mem- ber or party who bringeth in the matter, be sure to have very much reason or necessity for so doing. All synods may have the following committees. 1, A committee for overtures ; 2, Another for bills, references, and appeals ; and, 3, For revis- ing presbytery books, who are to meet at such times and places as the synod appoints : Each committee and sub-com- mittee is to consist of ministers and ruling elders ; the mode- rator and clerk of the synod, is moderator and clerk to the committee of overtures. All other committees choose their own moderator and clerk, who is to present their report to the synod in writing ; Any member of a judicature may be 228 BOOK FIRST. present with the committee though none of the number, and may advise but not vote there ; as also one of a committee may be present in sub-committees of their own appointment ; all which committees are chosen by the synod only, as Gene- ral Assemblies do theirs. 4. The presbytery books are called for and produced, and each book is committed to some members of other presby- teries to be revised and examined by them, that it may ap- pear how each presbytery hath kept order, and performed what was recommended to them by synods or General As- semblies ; and upon the revisers their report, they are cen- sured or approved accordingly. What was obscure or diffi- cult for the presbyteries, or might concern them all in common, is resolved and ordered ; what hath been done amiss by presbyteries is redressed ; and if any difficulty arise which doth not fall under some church constitution, it is re- ferred to the National Assembly. 5. Every presbytery is to get an extract of the acts of every synod, and to read such of them in the presbytery as are of general concern, or which particularly relate to any in their bounds, that they may be the better observed. 6. At the privy censures, none ought to be present but members. Upon the revisers their report of the presbytery books, each presbytery is removed per vices, in order to privy censure, in the same manner as was said of the ministers in presbyteries, and of elders in sessions. See tit. 15, § 1. 7. By the 12th article of chap. 8. of the French Church Discipline, concerning provincial synods, the pastors in each province shall represent the widows and children of ministers who died in the service of the church, to be supported and maintained at the common charge of each province ; and where the province shall be ungrateful, the national synod shall redress it. Our church proposeth the same persons as proper objects for the pastors in the synods their charity, and the centesima, or hundredth part of each benefice to be the fund, and paid in to the collector thereof yearly, who is to be appointed by each synod, and is to distribute the same to the relicts, and children of deceased ministers within the bounds of the synod, conform to their order. BOOK FIRST. 229 TITLE XV. Of Extraordinary Synods, and General Assemblies. 1. Extraordinary Synods, I call such as that of the As- sembly at Westminster, which consisted of divines and gen- tlemen, many of whom were not elders, called and nominated by the civil power to consult about the doctrine, worship, and government of the church. Or, when ministers without dele- gation from the church, do of themslves meet by virtue of their office : Which synods this church doth not approve of in a settled and constitute condition, but only in such churches as are not yet constituted. It being always free to the magistrate to advise with synods of ministers and ruling elders meeting upon delegation from their churches, either ordinarily, or being indicted by his authority occasionally. See the act of Assembly 1647, approving the Confession of Faith. Yet by act of Assembly, December 19th, 1638, ministers are obliged to give their advice and good counsel in matters concerning the kirk, or the conscience of any what- soever, to his Majesty, to the Parliament, to the Council, or to any members thereof, for their resolutions from the word of God. 2. By the Directory for Church Government, as it was printed in the year 1647, to be examined by presbyteries, the Assembly was to consist of as many ruling elders as minis- ters, which doth agree with the 9th chap, art 3. of the French Church Discipline ; but by the directions of the Eng- lish Parliament, Aug. 19, 1645, it is provided, that there be in all Assemblies two ruling elders to one minister. It seems indeed but reasonable, when presbyteries, the constituents of General Assemblies, do consist of ministers and ruling elders equally, that they should be equally represented there like- wise. 3. At the beginning of our Reformation, the Assembly did consist of these of the reformed religion, delegated from some shires and burghs where the reformed dwelt. The number of pastors was then so small that it did not exceed the fourth part of the meeting, as may be seen from their sederunts in the copy of the MS. acts of Assemblies ; and until the num- ber of ministers did increase and multiply, it was at first a general meeting of them all ; but thereafter they did em- power and commission a few to represent them, who are thereupon only designed " the Commissioners of the General Assembly." 230 BOOK FIRST. 4. If an Assembly be indicted by the civil magistrate, on 80 short an advertisement as twenty days, that presbyteries, (especially the more remote,) are not tiraeously advertised to choose commissioners, and so the church not fully represented, an Assembly so meeting is declared null. AH new Scots Parliaments were called on forty days, and what prejudice can it do if presbyteries receive as fair an advertisement, un- less it be to the service of some present design against the church ? 2do, An Assembly is null where the members, or a great many of them, are not elected by presbyteries, but named by the magistrate ; in which case, though they may act as advisers of the magistrate, yet they cannot act as those having authority from the church. Stio, An Assembly is null, when presbyteries are represented by more ministers than the standing acts of Assemblies, regulating the repre- sentation, doth allow, or where no ruling elders are commis- sioned. 4:io, An Assembly is null, when members do vote for these matters, to which they are threatened to give their vote, by the civil magistrate. 5to, An Assembly is null, when a moderater or clerk is imposed upon them without th^ir suflFrage. See at length Acts of Assembly, December 4, 1638. 5. The General Assembly, December 20, 1638, declares, that by divine, ecclesiastical, and civil warrant, the Assembly of this national church hath power and liberty to assemble and convene in her yearly General Assemblies, and oftener, pro re nata, as occasion and necessity shall require : To this agrees the act of Parliament 1690, ratifying the Confession of Faith, and settling Presbyterial church government ; so that the Sovereign, till these laws be altered, cannot, by his mere authority or proclamation, render the meetings of As- semblies precarious and uncertain, unless he run the risk of renewing the dispensing power. 6. By the 5th act of Assembly 1694, the representation of the several presbyteries in this national church in its General Assemblies, shall hold proportion to the number of parishes, whether vacant or planted, within each presbytery, in manner following : All presbyteries consisting of twelve parishes, or under that number, shall send two ministers and one ruling elder. And all presbyteries consisting of eighteen parishes, or under that number, but above twelve, shall send three minis- ters and one ruling elder. And all presbyteries consisting of twenty-four parishes, or under that number, but above eighteen, shall send four ministers and two ruling elders. And, lastly, all presbyteries consisting of above twenty-four BOOK FIRST. 231 parishes, shall send five ministers and two ruling elders. And every collegiate church where there use to be two or more ministers, are, so far as concerns the design of this act, understood to be as many distinct parishes : So that presby- teries delegate not less than a sixth part, nor more than a fifth part of the ministry. Conform to the representation propor- tioned by this act, the number of ministers delegate from presbyteries are one hundred and eighty, and of ruling elders sixty-eight. But each royal burgh having the privilege, (if they please to use it,) to be represented there by a ruling elder, and the city of Edinburgh by two, this would add sixty- seven more ruling elders to that order, making in all of elders one hundred and thirty-five. By that same act, no persons shall be admitted members of Assemblies, but such as are either ministers or ruling elders. And by the 6th act of Assembly, 1698, it is recommended to presbyteries to choose only such ruling elders as may and will give at- tendance. 7. Commissioners from royal burghs, till the matter be further thought upon, by the act of Assembly, July 15, 1648, are to observe the ordinary practice, viz. That each burgh send one, and Edinburgh send two ruling elders, approven of and consented to by the ministry and session of the burgh. But yet each university may be represented, by a minister or ruling elder ; neither is that kind of approbation of the choice required, albeit there may be the same reason for it : For the members of a faculty as such are not obliged to be either ministers or ruling elders. But upon the whole, our practice would be more easily accounted for, and a great deal more agreeable to that of foreign churches, if delegations were only from presbyteries, and the delegates equally both of ministers and elders. 8. By the 6th act of Assembly 1704, no minister or elder can be commissioned to the General Assembly by any pres- bytery, burgh, or university, but such as usually reside in, or have a relation to the presbytery, burgh, or university they are commissioned from. This is enacted, that pragmatic and designing men may be kept out from being members of assem- blies ; after their own presbyteries, &c. (perhaps from some such apprehension,) had been pleased to neglect them in their choice. 9. The Assembly by their act the 9th of August, 1641, considering, that if the Scots kirk at Campvere were joined as a member of the Kirk of Scotland, it would be convenient 232 BOOK FIRST. for correspondence from foreign parts for the well of this kirk ; therefore they desired the said kirk of Campvere to send their minister with a ruling elder, with their commission to the next General 4-Ssembly, at which time they should be in- rolled as commissioners from that kirk. When that church is vacant, the Convention of Royal Burrows have been in use to present a minister, and act as patrons. And by the act of Assembly 1704, some propositions concerning the said kirk, approved by the Assembly 164:2, are of new enacted and authorised, viz. (1.) That the said kirk observe that order in the outward worship of God, and exercise of discipline, as is here received by law and practice. (2,) That, at least, every third year their commissioners be at the Assembly, whose ex- penses are to be paid by their own kirk, till this church be in a better capacity to do it. (3.) That they advise with the presbytery of Edinburgh, or the commission of Assembly, concerning emergent difficulties. 10. By the act of Assembly 1638, December 17, 18, it is referred to particular presbyteries, and especially to the ruling elders therein, that commissioners to Assemblies their expen- ses be borne conform to former acts of Assemblies, by the particular parishes in every presbytery, and proportionally by all sorts of persons therein, able in land or money ; which act is ratified by the Assembly 1639, August 29, and extended to the expenses bearing of such as shall be sent in commission by General Assemblies : But it is referred to the Parliament for making these who are stented to pay their proportions ; by which it is clear that presbyteries may stent the people within their own bounds, for defraying the charges of those therein, who attend General Assemblies ; but then it must not be exacted, but only received from a willing condescend- ing people, which will certainly be very unserviceable if other- wise received, unless the expenses be most inconsiderable. And the practice might prove more serviceable in a disturbed state of the church, when ministers come to be deprived of their stipends. Since the year 1642, our Sovereigns have be- stowed four or five hundred pounds sterling yearly, to be em- ployed by General Assemblies, which will do much to defray the expenses of commissions from General Assemblies, sent to visit the remoter parts of the church. See Assem. 1642, August 5. 11. The General Assembly, by their 8th act 1695, gives the form after insert for a directory to presbyteries in their giving commissions to their members for General Assemblies ; BOOK FIRST. 233 which form is likewise observed by universities, each where- of sends one, as also royal burghs, mutatis mutandis. At the day of years, the which day the presbytery of did, and hereby does nominate and ap- point Mr A. B. minister at C. Mr D. E. minister at F. and - ruling elders, their commissioners to the next Ge- neral Assembly of this church, indicted to meet at the day of next to come, or when or where it shall happen to sit, willing them to repair thereto, and at- tend at all the diets of the same, and there to consult, vote, and determine in all matters that come before them, to the glory of God and good of his church, according to the word of God, the Confession of Faith, and agreeable to the consti- tutions of this church, as they will be answerable, and that they report their diligence therein at their return therefrom. Extracted by me, &;c. And by the 6th act of Assembly 1704, this clause must be insert and added to the said form of all commissions, viz. that they have subscribed the Confession of Faith of this church, according to the 11th act of the General Assembly anno 1700. 12. The reason for enacting this uniform method was, that all members might be alike free ; for before this time several presbyteries did insert, in their commissions, particular in- structions and limitations, which did not a little muzzle and confuse the members, and might at some occasions have proved an advantageous handle for such as were not tender of the church's peace. 13. By the 4th act of Assembly 1694, commissioners from presbyteries and others are appointed to give in their respec- tive commissions to the clerk of the General Assembly, the night at least before the first diet or meeting thereof, to the effect the rolls may be timeously made up, and that the com- missions may be considered by the Assembly without any in- terruption : and all commissions not so given in, shall be de- livered in the intervals, betwixt and the after-diets. 14. By the 6th act of Assembly 1698, presbyteries are ap- pointed to choose their commissioners to General Assemblies at least forty days before the sitting thereof. That which gave rise to this act was, that the civil authority, for some time before that, had been pleased, (though not agreeably to the act of Parliament 1690 in favours of the church,) to inter- pose a privative power in adjourning General Assemblies to a longer time than the appointment of the preceding Assembly, whereby their meetings were rendered both unfrequent and 234 BOOK FIRST. uncertain ; and with some view to obviate this, I think the act hath been made, but yet especially that members might be in case to attend, being so long chosen before the time. 15. The General Assembly useth to be honoured with the Sovereign's presence, either by their royal person, or by their High Commissioner : for which the Moderator in the Assem- bly's name doth use to express their thankfulness, and how great a mercy they do esteem it to have the countenance of civil authority. But there have been many General Assem- blies begun, held, and continued in Scotland, without either the King or his Commissioner's presence : and that it was not, nor yet is contrary to law, is evident, if the first act of Pnr! lament 1592, ratified in Parliament 1690, be duly con- sidered. 16. The first commission that was granted, was by King James VI. anno 1580, as may be seen in an old MS. of the acts of Assemblies, and was nothing else but a missive letter under the King's own hand, the tenor whereof follows : " Trusty and well-beloved friends, we greet you well. We have directed towards you, our trusty friends the Prior of Pittenweem, and the Laird of Lundie, intrusted with our power for that eifect, for assisting you with their presence and counsel in all things that they may, tending to the glory of God, and the preservation of us and our estate, desiring you heartily accept them, and our good will committed to them for the present in good part. Sua we recommend you to God's blessed protection. From our palace at Falkland, the 22d day of July, 1580. James R." 17. But now these commissions are more pompous and solemn, passing in Latin under the great seal. Sometimes they have been complex, clothing the commissioners with somewhat of a viceroyship in the state, as well as Commis- sioner to the Assembly : tnus it is said the Marquis of Hamil- ton, and Earl of Traquair, their commissions were in the years 1638 and 1639. The commissions granted since the re- volution, you may see in the printed acts of Assemblies. Though these Commissioners be respected in the AssemblieSf and about Assembly affairs, as representing the Sovereign's person ; yet 1 doubt if they could claim any place or prece- dency in meetings of state, merely as Commissioners to the As- sembly. But this is still kept undecided, as appears by their disappearing at such meetings while the General Assembly is sitting. 18. The presbytery of Caledonia in Darien, is authorised BOOX FIRST. 235 to send yearly two representatives to the General Assembly : they being a part of this national church, and subject to her Assemblies, as appears from the instructions given them by the commission of the General Assembly 1699. 19. The moderator of the former Assembly opens it with a sermon ; but in case of his absence, his predecessor in that chair hath the sermon : and in absence of them both, the eldest minister of the town where they meet preacheth, and openeth the Assembly by prayer, and moderates till a new moderator be chosen. Thus it was done in the Assembly at Glasgow 1638. After sermon the members go into the Assembly-house, where, after prayer by him who preached, a new moderator is chosen in the manner before mentioned, their clerk continuing by commission, sometimes during life. It is to be remembered, that before the new moderator is chosen the rolls must first be made up ; and at the calling of each presbytery, burgh, and university, their commission is read. After the Assembly is thus constitute, the person representing the Sovereign, produceth the commission to him for that effect, and ordinarily a letter also from the Sovereign to the Assembly, both which are publicly read with great honour and respect, the members standing all the time that the letter directed to them is reading ; and by their appoint- ment, both commission and letter are recorded in their books. And ail the time of the Commissioner's presence, the mem- bers sit uncovered. The Commissioner ordinarily has a dis- course to the Assembly, assuring them of their Majesty's protection, and continued favour ; and he intreats them to unanimity and dispatch in their affairs ; to which the new moderator useth, in name of the Assembly, to make a short and suitable return ; both which are likewise recorded. 20. By the act of Assembly July 29, 1640, it is appointed, that the commissioners sit together unmixed, and the places where they sit be divided from the seats of others. As also, that four persons of respect have warrant to enjoin that there be no noise, no standing, nor disordely behaviour ; and if any shall disobey them, or direct his speech to any, except to the moderator, and that one at once, with leave first asked and given, he is to be rebuked by the moderator : and if he desist not, he is to be removed out of the Assembly for that session. As also, that the mintues of ilk session be read before their rising ; and if the matter concern the whole kirk, let it be read in the beginning of the next session. This order is to be read the first session of each Assembly, and the act is ratified 28th July 1641, and 6th August 1642. 236 BOOK FIRST. 21 . The ordinary committees used in General Assemblies are, 1. The committee for overtures. 2. The committee for bills, references, and appeals. 3. The committee for elections and commissions. 4. Committees for revisinp^ synod-books and registers, and of commissions of General Assemblies. 5. A committee for censuring of absents, and nominating mi- nisters to preach before the Commisioner, if present. 6. When the King or Queen honours them with a letter, there is, in the first place, appointed a committee for drawing an answer thereto. There are also other committees for particular matters, named as is found needful. All committees of As- semblies are to consist of ministers and ruling elders, mem- bers of several synods ; and in more numerous committees, some out of every synod : all which committees are ordinarily named by the moderator, in presence, and approved by tacit consent, only sometimes members propose the adding of some others, whose motion useth likewise to be acquiesced in : so that there hath never yet been any election of committees, either by synods giving in separate lists, or by members giving in lists, as hath been done in our late parliaments. Only for preventing the perplexing of Assembly business, it is fit that no member be put upon more committees than one. 22. Albeit no business ought to come in to the Assembly directly, till it be proposed to, and prepared by some com- mittee to whom it properly belongs ; yet no committee hath a negative over the Assembly : and it was never their intention to confine and restrict themselves only to consider of these matters which their committees were pleased to allow and transmit to their consideration : for, by i.ct of Assembly, July 29, 1640, an overture (and from a parity of reason, a petition or any other thing) may be proposed in full Assembly, with the reasons thereof, after that the committee hath refused to transmit the same. 23. To avoid alterations and debates in open Assembly, which might prove dangerous, and are always very indecent, after matters have been prepared by committees, they are transmitted to the Assembly. Now this design and order may be much struck at and inverted, when members or par- ticular persons do print their petitions or overtures to the General Assembly and nation, before they be orderly brought in : Therefore by the 17th act of Assembly 1700, all persons are discharged to presume to print any petition, appeal, rea- sons, or answers, or any part of any process to be brought in to the General Assembly, or any other church judicatory. BOOK FIRST. 237 without leave given by them, with certification, that the same shall not be read nor considered. 24. It is the laudable custom of Assemblies, before they begin close to their work, to appoint betwixt nine and twelve in the forenoon, to be set apart by the members for public prayer in the Assembly-house, to the Almighty God, for his countenancing and directing them in the matters that shall come before them : where the Commissioner is likewise pleased to attend and join in prayer : as may be s'^on in the first three printed acts of Assembly since the Revolution, and among the indices of unprinted acts thereafter. 25, Conform to ancient custom, by the 3d act of Assembly 1702, all synod books are appointed to be punctually brought in and presented to the General Assembly yearly, in the beginning thereof: Which books, after hearing a report con- cerning them, from the committee appointed to revise them, the Assembly does approve or disallow thereof as they find ground. All references from synods, appeals, grievances, pe- titions and complaints, are here examined and answered : Acts and constitutions for all the churches are agreed upon with common consent, conform to the 9th act of Assembly ]697> of which hereafter about preventing of innovations. Here course is taken for planting of churches with well qua- lified ministers : Rules are set down, by which inferior judi- catures shall be directed in all their proceedings. It is their business to see that the small part of the patrimony of the church yet remaining be preserved and rightly applied. They join or disjoin parishes from presbyteries, and presbyteries from synods : They indict national fasts and thanksgivings : They are concerned to appoint fit persons and methods for drawing up the history of the church ; they also ought to take care that works of charity, for sustentation of the poor, be promoted. By the wisdom and authority of this Assembly, gangrenes of errors and divisions are prevented, that they spread not against truth and unity. But they decline to meddle in these matters they judge civil, as being incompetent to them, as may be seen by the index of unprinted acts of Assembly 1690. Church judicatures ought not to meddle formally with civil matters, no more than the state ought to meddle formally with matters ecclesiastic ; but the object materially considered may be the same, and fall under con- sideration, both of church and state, in different resperts. By the 5th article of the 31st chapter of our Confession, synods or councils are to handle or conclude nothing but what 238 BOOK FIRST. is ecclesiastical, and are not to inter-meddle with civil affairs ■whicli concern the commonwealth, unless by way of humble petition in cases extraordinary, or by way of advice for satis- faction of conscience, if they be thereunto required by the civil magistrate. 26. What matters General Assemblies cannot overtake themselves, they do refer to their commissions ; in propriety of speech, they do import the same thing with committees ; yet, de praxi, a committee is appointed only to prepare mat- ters, whereas a commission determines in matters committed to them, and from whose sentence therein there lieth no ap- peal to the ensuing General Assembly, though a complaint may be tabled before the next Assembly against the commis- sion their proceedings. The power of the General Assembly is never lodged in th^m, as to making acts in any case : And it is both more expedient and decent that the Assembly de- termine in cases of appeals from synods, where they have been unanimous in their sentence, than to refer the final de- cision to a commission, who may be of a smaller number than the synod, and whose quorum is but about the eighth part of some synods. Delegation or commision to determine, seems inconsistent with the principles of presbyterial government : For if the Assemblies of the church can give power to dele- gates to determine in one point, they may in more, and con- sequently in all, and thereby may introduce a prelacy. Gene- ral Assemblies should not give any other delegations but executive, except in extraordinary cases : For they being delegates th(^mselves, ought least of any church Assembly to delegate : And if they can commit their power to twenty-one, certainly they may commit the same to fourteen. Commis- sions may have sub-committees for preparing and reporting, but not to determine, or so as to roll the commission upon them. The commission and the proceedings, and register of their actings, are always subject to the censure of a General Assembly ; if the Assembly do not appoint their moderator and clerk to attend them in those stations, they may then nominate their own moderator and clerk. Their quorum is twenty-one, whereof fifteen to be always ministers, and they continue till a new General Assembly meet, as may be seen in the printed commissions in the acts of Assemblies. 27. The General Assembly, by their 6th act 1705, does appoint that the whole presbyteries of this national church be equally represented in commissions, and that their represen- tation be proportioned to the number of ministers, that are in BOOK FIRST. 239 each presbytery ; the old ministers who were ordained before the year 1662, being always supernumerary : and that two or three of the members of the General Assembly in each synod, be appointed as a committee to name the members of the commission, and that th€ whole representatives of pres- byteries in the several synods at Assemblies, do meet by themselves, and name their respective members of the said committee. And the General Assembly, by the same act, does appoint the expenses of the said commissioners to be borne and defrayed by the several presbyteries which they represent, according to the number of the days of their at- tendance ; and that their presbyteries take care to supply their charges with preaching during their absence, on the ac- count foresaid. 28. The General Assembly, by their 6th act 1703, does require the members of the commission to give all due attend- ance thereon, as they will be answerable, which members are condescended upon by the 15th act of Assembly 1705, to be one at least of that number of the several presbyteries who are members of the commission, and they are to attend the meetings thereof by turns. And presbyteries are ordained to- send into the commission the names of such as they have ap- pointed to attend the several diets thereof. And by the fore- said act 1703, the clerks of the commission are ordained to record lists of the absents from each quarterly meeting, and from the meetings in time of Parliament, or who shall go away therefrom without leave first obtained, and send an ex- tract of their names to the respective synods, who are impar- tially to censure them, and make report thei'eof to the next General Assembly : And to this effect, the clerks of the com- mission are ordered to lay before that Assembly the lists of these absents. And in the instructions to the commission 1708, all presbyteries within twelve miles of Edinburgh are discharged to meet during sitting of the commission. 29. Some few years ago, the presbyteries of this church, conform to Avhat had been before practised, did delegate one of their number, being a minister, to repair to the city where the Parliament did sit, and during that time attend, and watch ne quid detrimenti caperet ecclesia. But the commission con- sisting of both ministers and elders, without which no eccle- siastical judicatory or committee thereof can be lawful, (See § 4. of this Title,) and also, that all the presbyteries are therein represented, and that the commission now is ordered to attend in the time of Parliament ; the former meeting of 2-10 BOOK FIUST. such delegates is now supplied more conveniently by the meet- ing of the commission ; and I am sure, much more legally both by church and state constitutions : For neither do autho- rise any other ecclesiastical judicature but Assemblies, synods, presbyteries, and kirk-sessions, or their committees, consisting of ministers and ruling elders. And the act of Parliament 1690, ratifying the Confession of Faith, and settling presby- terian church government, doth establish the exercise of that church government in the hands of ministers and ruling elders. And it may be doubted if the state would correspond with such delegates, or receive addresses from them, their meet- ings wanting the stamp, both of civil and ecclesiastical au- thority. 30. In the act of Assembly, 29th July 1640, art. 2, con- cerning ordering the Assembly-house, the commissioners to General Assemblies are to receive tickets from the magistrates of the burgh where the Assembly sits at the delivery of their commissions, whereby they may have ready access to the As- sembly-house ; and this act is renewed by the Assembly 1690, and is among the unprinted acts. 31. By that same act, whatsoever presbytery, burgh, or university, shall not send commissioners, is to be summoned to the next General Assembly, to be censured by them as they find reasonable. And by the 6th act of Assembly 1699, such commissioners as do not attend duly from the beginning and through the whole diets of the General Assembly, and the committees which they may be put upon, not having a relevant excuse, may be censured as the Assembly shall think fit. 32. The stile of acts of the General Assembly, runs thus : The Genera] Assembly appoints and ordains, and sometimes recommends. Their acts should rather be like directions from the chair, than discourses from the pulpit. Though the Sovereign's person be therein sometimes represented, yet his name cannot be joined with the General Assembly, in making of acts. Because the civil magistrate considered as such, is neither head nor member of the church, nor of any of her judi- catures, and it is the authority of the General Assembly of this national church that can alone bind her members. Which authority doth not so properly consist in making of laws, as it doth in declaring what their Lord and Master hath already appointed. And though ecclesiastical constitutions should be enacted in the Sovereign's name and authority, yet these could never bind the subjects as such, because the legislative BOOK FIRST. 241 power Is lodged in the Sovereign and estates of Parliament, and in them only : Hence all petitions to the General As- sembly are only addressd to the moderator and members thereof, and not to the Sovereign nor his Commissioner, though present : For petitions can be presented to none, but to such as those in whose name and authority they are granted. 33. By the act of Assembly, December 20, 1638, they or- dain presbyteries and provincial Assemblies to convene before them such as will not acknowledge that Assembly, (and from a parity of reason any other Assembly,) nor acquiesce unto the acts thereof, and to censure them accordingly, and refrac- tory presbyteries are to be summoned by the commission to compear before the next General Assembly to abide their trial ; and by a clause in the end of the 5th act, session 2, King William and Queen Mary's Parliament, it is provided, that whatsoever minister being convened before the General Assembly or representatives of this church, or their commis- sions, or the visitors to be by them appointed, shall either prove contumacious in not appearing, or be found guilty, and therefore censured, whether by suspension or deposition, they shall ipso facto be suspended from, or deprived of their stipends and benefices. And by the book of canons put in form for the government of the church of Scotland, by English bishops, their counsel and influence, and approved by King Charles 1. his proclamation, dated at Greenwich, the 23d day of May 1635, it is appointed, that national synods called by his Ma- jesty's authority, for matters concerning the state of the church in general, shall bind all persons as well absent as present, to the obedience of the decrees thereof in matters ecclesiastical. And if any shall affirm or maintain that a national synod so assembled ought not to be obeyed, he shall be excommunicated till he publicly repent and revoke his error. 34. Beside the clerk of the Assembly, there useth to be an advocate or procurator for the kirk chosen by them, who was to advise them in matters of civil right, and to plead what concerns the right of the church before civil courts ; and in his name summonses are raised before the commission of Parliament for plantation of kirks, or Lords of Session. The agent or solicitor for the kirk is likewise elected by the As- sembly, and he acts and agents their business in such order as they appoint him. Their agent was privileged to be present at all the meetings of that commission of Parliament, even when they acted with close doors. In the late prelatic 242 BOOK FIRST. times, the King's solicitor was by his patent constitute solici- tor for the church too : but whether in this government her Majesty's advocate be also by his patent constitute advocate for the church, is a thing I cannot certainly assert. The agent has the care put upon him of sending dispatches to the several presbyteries. 35. All church judicatures at every rising appoint their next sitting ; so that their meetings are not so precarious and uncertain, but entirely and intrinsically, as to their time and frequency, lodged in the will and discretion of the plurality of the members of her respective judicatures. The kirk ses- sion, being properly the only radical church judicature, not consisting of delegate, but of perpetual and fixed members, cannot be at any time dissolved, but by themselves are ad- journed from time to time : Albeit they use to begin and con- clude the number of their sessions, at and after the presby- tery hath approved of their proceedings. All church judica- tures, but especially this, were called Consistories, where the judges did stand in administering justice (see Stair's Instit. f). 524,) and even yet, their moderators, presidents, or pro- ocutors, do stand, as the mouth of their meetings. Presby- teries are radical as to the pastors, and delegate as to the ruling elders, (see tit. 12, § 1.) For the first presbytery after each ordinary meeting of the synod, when new elections of elders are returned, that presbytery doth begin the first session thereof, and so other sessions of the same continue till the next synod in ordinary be over. And provincial synods consisting of presbyteries, they do in part dissolve twice a year, and so the synodical sessions are counted from one ordinary synod to the next ordinary meeting of another synod. But National Assemblies being annual, and consist- ing all of delegates, as hath been said, the sessions thereof are counted from the first meeting until they part and dis- solve in the same place, at least by the constitutions and practice of this church, until, and no longer than the ordinary time for a new annual Assembly : for no doubt, an Assembly, if the afi^airs of the church so require, may translate, and also continue their meeting, as was done anno 1641 ; but it neces- sarily dissolves before the year. At the closing of every session of the Assembly, the moderator appoints the next diet, in presence, and with consent of the members ; then he turns to the Commissioner, and acquaints his Grace thereof, to which he ordinarily answers. Be it so, or, I am satisfied ; whereupon the adjournment is intimated publicly at the door BOOK FIRST. 243 by the beddal, afterwards the moderator closes "with prayer. 36. At closing of the General Assembly, some few of their number are nominated to assist the moderator and clerk, in revising the minutes and proceedings of that Assembly, be- fore the same be recorded in their registers, and to determine what of their acts are fit to be printed : but it were as proper for the Assembly to give orders therein, as the acts are passed. 37. All the affairs which the Assembly could overtake, being brought to a close, the moderator causeth read the minutes of the last sederunt, these of former sederunts being always read at the beginning of each session : which being done, he discourseth to the Assembly concerning the good providence of God that brought them together, and in allow- ing them the countenance and protection of the supreme ma- gistrate ; and exhorteth the members, to faithfulness, loyalty, and diligence in their stations. The moderator having un- derstood the mind of the Assembly from previous commun- ings with the members, as to the particular time and place of the next Assembly's meeting, which diet being concerted before, also with the Commissioner, he doth in their name I'epresent the same to the King or Queen, or their Commis- sioner, if present, and upon their agreeing thereto, it is to be recorded and publicly intimate at the door of the Assembl}'- house by their order. The Commissioner agrees ordinarily thereto in these or the like words, (to many offensive enough,) I do in my Master's name (or her Majesty's name) dissolve this Assembly ; and, in the same name and au- thority, I appoint the next General Assembly to meet at such a time and place, which ordinarily is the same with that which the moderator in name of the Assembly did represent. Then the moderator closeth the Assembly with prayer, sing- ing of psalms, and pronouncing of the blessing. 38. Indeed, when it happens that a Commissioner doth rather cross than countenance the Assembly, either by an abrupt and interrupting dissolution, or by not appointing the next annual Assembly according to law ; in these cases their behaviour is different, as may appear in the two following instances. The first was in the Assembly 1638. There the M. of H. his Majesty's Commissioner, having dissolved them after some few days sitting, both in the Assembly-house and by public proclamation ; they did notwithstanding (having protested against their dissolution) continue their sitting till they ended the work they met for, and appointed the time 244 SOOK FIRST. for their nest General Assembly, for which you will find their apologetical vindication in their printed letter to the King. Another instance is this, the E. of Lothian, their Majesties Commissioner to the General Assembly 1692, upon Saturday the 13th of February, (the Assembly being met and constitute by prayer,) did immediately thereafter deliver himself as follows : Moderator, what I said last had so little success, that I intend to give you no more trouble of that nature ; only this, you have now sat about a month, which was a competent time both to have done what was the prin- cipal design in calling this Assembly, (of uniting with your brethren,) and to have done what else related unto the church ; but his Majesty perceiving no great inclination among you to comply with his demands, hath commanded me to dissolve this present General Assembly ; so I, in their Majesties name and authority, do dissolve this present Gene- ral Assembly. Whereupon the moderator asked his Grace, if this Assembly was dissolved, without naming a diet for another ? To this his Grace made return in these words : His Majesty will appoint another Assembly in due time, wherewith you will be timeously advertised. Upon this, the moderator desiring of his Grace that he might be heard a few words, his Grace told him that he could not hear him as moderator, but only as a private person : the moderator answered, in whatever capacity your Grace pleaseth, I beg to be heard a few words. His Grace replied, That as a pri- vate man he might speak ; whereupon the moderator de- livered himself as follows : May it please your Grace, this Assembly, and all the members of this national church, are -under the greatest obligations possible to his Majesty, and if his Majesty's commands to us had been in any or all our concerns in the world, we would have laid* our hands on our mouths and been silent : but they being for a dissolu- tion of this Assembly, without indicting another to a certain dajr ; therefore, (having been moderator to this Assembly,) in their name, they adhering to me, I humbly crave leave to de- clare, that the office-bearers in the house of God, have a spiri- tual intrinsic power from Jesus Christ, the only head of his church, to meet in assemblies about the affairs thereof, the necessity of the same being first represented to the magistrate. And further, I humbly crave, that the dissolution of this As- sembly, without indicting a new one to a certain day, may not be to the prejudice of our yearly General Assemblies granted to us by the laws of this kingdom. Here the mem- BOOK FIRST. 245 bers rose up, and with one voice, declared their adherence to what the moderator had said ; whereupon the moderator, turning himself to the Assembly, cried, Brethren, let us pray ; but the members, by a general cry, pressed to name a diet for the next General Assembly. Whereupon the moderator said, If they pleased, the next General Assembly might meet here at Edinburgh upon the third Wednesday of August 1693, and the members did again with one voice declare their approbation thereof. Then the moderator having ordered silence, concluded with prayer, and singing the 133d psalm, and pronouncing of the blessing. 39. In the end of the act of Assembly 1647, approving the Confession of Faith, it is asserted, that it is always free to the magistrate to advise with synods of ministers and ruling elders meeting upon delegation from their churches, either ordinarily, or being indicted by his authority occasionally, and pro re nata. It being also free to assemble together synodically, as well pro re nata, as at the ordinary times upon delegations from the churches, by the intrinsic power received from Christ, as often as it is necessary for the good of the church to assemble, in case the magistrate to the detri- ment of the church withhold or deny his consent, the necessity of occasional Assemblies being first remonstrate unto him by humble supplication ; see § 1. of this title. TITLE. XVI. The Order of the Bolls of Church- Judicatures, and Ranking of Church Ojffice-htarets. And of her Registers. 1. Ruling elders and deacons in church-sessions should be regularly inroUed, and called to take place, according to the seniority of their ordination : but the poverty of the church being such, that there is no maintenance or benefice annexed to these offices, therefore they use to be ranked according to their secular stations and employments ; only senioritj^ of or- dination may be a rule whereby disputes for precedency among equals are to be decided. 2. All ministers are inrolled in presbyteries, and have place only according to the seniority of their ordination ; a presbyter labouring in the word and doctrine, being the highest officer in the church, to be sure no office-bearer of an inferior order will ever compete with him : and therefore a minister of a later ordination, albeit he have the character and station of almoner or chaplain to the Royal Family, or of being historio- T 246 BOOK FIRST. grapher, principal, or professor of theology or philosophy in any university, yet he will not presume thereupon to take place from one of a prior ordination ; because all these stations and characters, ecclesiastically considered, are of an inferior order to that of the pastor, unless he pretend unto it by virtue of civil place and power, which is condemned in pastors as in- compatible with their spiritual function, by Assembly 1638, Decern. 19, but the order in which ministers deliver the pres- byterial exercises, is according to the seniority of erection of the parish churches where they officiate. 3. It is usual to change the order of the roll every synod, so that the presbytery that was first called in the roll of the foi'mer synod, is now called last (as was said above,) and that which was in the second place is now called first : and the members are called according to the roll of each presbytery, presented to the clerk by the moderators thereof, with the rul- ing elders therein insert. And though a parish be vacant, or the minister thereof not present, yet the ruling elder for that church session is to be called for and inroUed. But those who are against ruling elders their being supernumerary to ministers in judicatures may dislike this : Yet if once a judicature fix on a quorum, whereof always so many are to be ministers, though double their number of elders should come and be present, there is nothing as yet to hinder them all from voting. 4. The rolls of General Assemblies do begin with the synod which in the former Assembly was called in the second place, leaving the synod which was then first called now last ; by which rotation the equality is better preserved. Commis- sioners from presbyteries are placed in their commissions ac- cording to the seniority of their ordination. Next to them are inrolled the commissioners from tlie universities within the bounds ; and next to them such as have commissions from royal burghs therein. In General Assemblies, ruling ciders are called immediately after the ministers their colleague com- missioners. 5. The first thing to be done at every diet, after calling the rolls, is the hearing the minutes of the last sederunt or session read ; and till they be passed and allowed by the judicature, and also subscribed by the moderator, there ought no extracts thereof to be given, nor, till then, should it be warrantable for the clerk to enter them into the register. 6. In any thing wherein the moderator or clerk is particu- larly concerned, they ought in that case both to subscribe the BOOK FIRST. 247 minntcs, as the privy seal used to be appended to charters, or the like passing the great seal in favours of the keeper of the great seal. And at the close of the register of every General Assembly, and of each inferior church judicature, when they are given in to be approved by their next immediately superior judicature, they bear, "Here ends the register of the acts and proceedings of from to con- sisting of pages." And this attestation is to be sub« scribed by the moderator and clerk : and every record at the beginning is to bear its own proper title, -saz. the register of the acts and proceedings of such a judicature, begun at the day of &:c. 7. By the ninth act of Assembly 1700, they appoint all provincial synods and presbyteries to be careful in revising the registers of the judicatures under their immediate inspection, and that they appoint a competent number of the most fit and experienced among them, for that work ; and when they find nothing to challenge in any register, they are to give it the at- testation following : " The provincial synod of having heard the report of those appointed to revise the presbytery book of and having heard their remarks thereupon, and the said presbytery's answer thereto ; and it having been inquired by the moderator, if any other had any complaints to make against the actings of the said presbytery, and nothing appearing censurable, ordered the clerk to attest this in their presbytery-book." And so for the registers of provincial synods and kirk-sessions, mutatis mutandis ; and also for the registers of the commissions of Assemblies, by the 8th act of Assembly 1706. But if there be any thing truly censurable in the said books, with respect to discipline, that it be recorded as censured both in the synod book and attestation. 8. All sentences and acts are to be filled up in the records, as all other things should be, according to the priority of their being voted or agreed unto, and that although no extract hath been, or perhaps ever may be called for. And when any thing is omitted in the body of a record, it may be written on the margin, which the moderator and clerk must subscribe again. When any thing is delete, let it be marked delete on the margin, and subscribed as the other, counting the lines or words blotted out. But interlinings are most improper, and derogatory to that credit which a record should bear. Further, when any blank is left in the record, and yet there is nothing wanting, it may be scored, or what is more proper, filled up 248 BOOK FIRST. with nihil hie deest ; which words may be lensjthened or shortened accordina^ to the bounds of the blank. • See the 9th act of Assembly 1706. 9. By the 11th act of Assembly 1703, for the better pre- servation of their registers, they enact and appoint, that there be two authentic copies thereof, both subscribed by the mode- rator and clerk ; one copy whereof to lie in the clerk's custody, and the other to be sealed, and laid in some secure place, where the Assembly or commission shall appoint ; as also that a subscribed extract of the proceedings of each Gene- ral Assembly be sent, a little after the rising thereof, to the several synods within this church, to be by them recorded in a book. 10. As to the style of the Assembly's addresses and letters to their Sovereigns or foreign churches, and as to the style of their letters to the Assembly, both may be seen in their printed registers ; as also these with the records of their com- missions will evidence what civilities the church pays in con- gratulating and attending on the ministers of state and other great men : thus they court their favour, and return them their thanks, all done for the benefit and advantage of the present church establishment. TITLE XVII. Of Visitation of Schools and Universities. 1. All schools and colleges were to be reformed, and none admitted to instruct the youth privately or publicly, but such as should be tried by the visitors of the kirk, James VI. Par. 1, cap. 11. And even under the late Prelacy, none were admitted to teach in any public schools without licence from the ordinary, Charles II. Par. 1, sess. 2, cap. 4, sub Jin. ; and also, by the act of Assembly, Dec. 17, 18, 1638, art. 4, they ratify the acts of Assembly 1565, 1567, and 1595, whereby visitation of colleges is to be by way of commission from the General Assembly ; and the principal regents and professors within colleges, and masters and doctors of schools, are to be tried by them concerning the soundness of their judgment in matters of religion, their ability for discharge of their calling, and the honesty of their conversation. It is no wonder the cluirch think herself much concerned, that these seminaries of learning be duly regulated, considering how much it tends to the increase of Christian knowledge and learning, and the advantage of true piety and religion. By BOOK FIRST. 249 the General Assembly 1638, they grant commissions for visi* tation of the colleges of Aberdeen and Glasgow. And the Assembly 1639, appoints visitations of the universities of St Andrews and Glasgow. Again, the Assembly 16-10, ap- points visitations of Glasgow and Aberdeen colleges, as may be seen in the index of the unprinted acts of these and subse- quent Assemblies. 2. The power of \dsitations of universities, colleges, and schools, is now claimed by the Sovereigns to be their undoubted right and prerogative, as is evident from the narrative of the act of Parliament 1690, for the visitation of universities. The power granted to the visitors by that act, is only executive or judicative, and not legislative, which neither can nor should be. For seeing the trust wherewith the legislators them- selves are clothed is only personal, it cannot be delegated to others, unless they receive power from their constituents for that effect and purpose. But though their power could be delegated, it should not be done ; for some designing and dis- affected members in such commissions might so manage the plurality of a quorum to plant and regulate these nurseries of church and state, as might pave the way, and dispose the nation more easily for some pernicious revolution. The visitors ap- pointed in that commission are both members of Parliament and ministers. The one sort, I think, is appointed to remove disloyal teachers, and to consider the foundations of these seminaries, with the rents and revenues thereof, and how the same have been managed, and to set down good rules for the good management thereof. And ministers, I think, are named to take trial if the teachers be erroneous, scandalous, negligent, or insufficient, and for ordering the manner of teaching ; and thereupon present their humble advice to the statesmen : for authoritatively they cannot act without dele- gation from the church. See the title about Extraordinary Synods, § 1. 3. There is none will grudge the church the exercise of this power of visiting colleges, so much as these masters, who have gi'ound to fear that their insufficiency and negligence may come to be exposed and discovered upon an exact and judicious trial. Again, there are some factious masters tliat desire only statesmen to be visitors, among whom they think some of their quondam disciples may be found, who will be influenced to favour their ambitious or revengeful designs. 4. As to grammar schools, the power of visiting them re- mains with presbyteries ; for by the 23d act, Pari. 1693, it is 250 BOOK FIRST. declared, that all school-masters and teachers of youth in schools, arc and shall be liable to the trial, judgment, and censure of the presbyteries of the bounds, for their sufficiency, qualifications, and deportment in the said office. By the act of Assembly 7th Feb. 1645, they appoint that every grammar school be visited twice in the year, by visitors to be appointed by presbyteries and kirk-sessions in landward parishes, and by the town-council in burghs with their ministers ; and where universities are, by the universities, with consent al- ways of the patron of the schools, that both the fidelity and diligence of the masters, and proficiency of the scholars in piety and learning, may appear. Inquiry is also to be made if masters be diverted from due attendance by any other em- ployment. By the 13th act, Assembly 1706, somewhat of the same nature is enjoined, viz. that presbyteries visit gram- mar schools twice a year by some of tneir own number. 5. By the foresaid act 1645, they appoint that no school- master be admitted to teach a grammar school in burghs or other considerable parishes, but such as, after examination by the ministers, deputies of the town and kirk-session, and parish, (which is, I think, the heritors,) shall be found skilful in the Latin tongue, not only for prose, but also for verse, and shall be also approved by the presbytery therein. 6. By the foresaid act, they appoint that at the time of every General Assembly, the commissioners directed thereto from universities, meet and consult together for the advance- n>ent of piety and learning, and keeping of an uniformity in doctrine, and good order among the universities. What they do this way is not to bind the universities, till it be presented to the General Assembly, and receive their authority, as may be gathered from the Assembly's act, 18th June, 1646. This of new is enacted by the 6th act of Assembly 1707. TITLE XVIIL Of a General Council of Protestants. 1. As Provincial Assemblies may, and do correspond with other Provincial Assemblies, so may General Assemblies with the Assemblies of other churches. In a manuscript of the Acts of Assemblies, Edinburgh, October 25, 1577, you will find that Casmir having written to the Queen of England, of a council to be held at Magdeburg, for establishing the Au- gustine confession, the Queen wrote thereof to the Regent in vScotland, who communicated her letter to the Assembly, and BOOK FIRST. 251 desired they might send some of their number to assist thereat. Whereupon the Assembly named Mr Andrew Melvill, and some others. And some ministers and elders were sent from the General Assembly to the Assembly of Divines at West- minster, in order to carry on the unity and uniformity in re- ligion and church government. It belongs in these cases to the civil powers of these nations from which they go to take care that their charges be honestly defrayed. And the states in whose dominions the council is to be, use to grant a safe conduct to the foreign correspondents. See tit. 15. § 9. 2. In the Book of Policie of the Kirk agreed unto anno 1581, they say, beside these Assemblies, there is another more general kind of Assembly, an universal Assembly of the Church of Christ in the world, which was commonly called an oecumenic council, representing the universal church, which is the body of Christ. Their warrant to meet, and the au- thority of their meeting, must be as good and as great, with respect to National and General Assemblies or convocations, as the authority of these are, with respect to provincial assem- blies or synods. 3. If the Protestant Princes and commonwealths would condescend and concert, that there should be a general council at such a time and place ; then the National, or rather Pro- vincial Assemblies, at the appointment of their respective Sovereigns, might meet and delegate one pastor and elder for each province consisting of an hundred parishes. Only from each distinct sovereignity, though consisting of less than fifty parishes, there might be at least a representation of the church therein by one pastor and ruling elder. 4. Most of the churches being already bound and obliged to own and maintain that Confession of Faith, which they have by their canons authorised and approved ; and their be- ing an universal harmony in the doctrine contained in all the confessions of the reformed churches ; the work of a general council as to matters of faith, would, in all probability, be sweet and easy : And if in what relateth to the worship, dis- cipline, or government of the church, there should be some misunderstandings, God should even reveal this unto them. Nevertheless, whereto we have already attained, let us walk by the same rule, let us mind the same things, Phil. iii. 15, 16. 5. If this council were once met and constitute, and coun- tenanced by the authority of their several Sovereigns, then they might appoint the time and place of their next council, which might be every seventh year ; and let one from differ- *2o2 BOOK SFXOND. ent churches be chosen to the chair at every new council. To prepare the way for such a catholic meeting, it were fit in the mean time to have a correspondence kept among all the churches. See § 1 of this title. 6. In the subordination of these Assemblies, parochial, presbyterial, provincial, and national, the lesser unto the greater, doth consist the external order, strength and stedfast- ness of the church of Scotland. And when it shall please the Lord to make ready and dispose the nations for a general council, then shall that beauty and strength appear more re- markably in the whole catholic church, which is the body of Christ. Then should the churches be established in the faith, increased in number daily ; and as they went through the cities, delivering them the decrees to keep, that were ordained of the apostles and elders which were at that general council, Acts xvi. 4, 5, they should give occasion to many to rejoice for the consolation. Such a time is rather to be wished than hoped for. See tit. 1, § 1, of this Book. BOOK SECOND. TITLE L 0/ Lecturing, Preaching , Catechising , Public Prayers hcfvre and after Sermon, Singing of Psalms, and Ministerial Be- nediction. 1. By the 1.5th act of Assembly 1707, they declare that there are some innovations sot up of late by Prelatists in their j)ublic Assemblies, which are dangerous to this church, and manifestly contrary to the constant practice and known prin- ciple thereof, which is, that nothing is to be admitted in the worship of God, but what is prescribed in the Holy Scrip- tures. Therefore they discharge the practice of all such in- novations in divine worship within this church, and ministers are required to inform their people of the evil tljereof. 2. All are to enter the Assembly in a grave and seemly manner, to take their seats or places without adoration, or BOOK SECOND. 2o3 bowing themselves towards one place or another. If any through necessity be hindered from being present at the begin- ning, they ought not, when they come into the congregation, to betake themselves to their private devotions, but reverently compose themselves to join with the Assembly in that ordi- nance of God, which is then in hand. Most of what is said on this title may be found in the Directory. 3. The congregation being assembled, the minister, after solemn calling on them to the worshipping of the great name of God, is to begin with prayer. The public worship being begun, the people are wholly to attend on it ; forbearing to read anything, except what the minister is then reading or citing ; much more are they to abstain from all private whis- perings, conff rences, salutations, or doing reverence to any person present, or coming in, as also from all gazing, sleeping, or other indecent behaviour. 4. Reading of the word in the congregation, being a part of the public worship of God, (wherein we • acknowledge our dependence upon him, and subjection to him,) and one mean sanctified, by him for the edifying of his people, is to be per- formed by the pastors and teachers, and preachers licensed by the presbytery thereunto, who should, (as Ezra and his companions did, Neh. viii. 8.) read in the book in the law of God distinctly, and give the sense, and cause them to under- stand the reading. 5. How large a portion is to be read at once, is left to the wisdom and discretion of the minister ; but it is convenient that ordinarily one chapter of each Testament be read at every meeting, and sometimes more, where the chapters be short, or the coherence of the matter rcquireth it. It is also requisite that all the Cannonical books be read over in order, that the people may be the better acquainted with the whole body of the Scriptures, and where the reading in either Testament endeth on one Lord's day, it is to begin the next. The more frequent reading of such Scriptures is also commended, as he that readeth shall think best for edification of his hearers, as the Book of Psalms and such like ; and when he shall judge it necessary to expound any part of what is read, that work is not to begin, until the reading of the whole chapter or psalm be ended. 6. Regard is always to be had to the time, that neither preaching nor other ordinance be straitened or rendered tedi- ous ; which rule is to be observed in all other public perfor- mances ; and therefore, by the act of Assembly, Feb. 7, 1645, 254 BOOK SECOND. for regulating of that exercise of reading and expounding the Scriptures upon the Lord's day, mentioned in the Directory, they ordain the minister and people to repair to the church half an hour before that time, at which ordinarily the minister now entereth to the public worship ; and that that exercise of reading and expounding, together with the ordinary exercise of preaching, be perfected and ended at the time, which formerly closed the exercise of public worship. And for re- covering the old custom established by the Directory, the Ge- neral Assembly 1694, sess. 9, appoints ministers to read and open to the people some large and considerable portion of God's word. And the diligence of ministers in this is to be inquired into by presbyteries at their privy censures, Assem. 1704, sess. 8, and also at parochial visitations, Assem. 1706, act 10. 7. Preaching of the word being the power of God unto salvation, and one of the greatest and most excellent works belonging to the ministry of the gospel, should be so performed that the workman need not be ashamed, but may save him- self and those that hear him. Ordinarily, the subject of his sermon is to be some text of the Scripture holding forth some principle or head of religion, or suitable to the special occa- sion emergent. Or he may go on in some chapter, psalm, or book of the Scripture, as he shall see fit. By the 8th art. cap. 3, of our Confession of Faith, the doctrine of the high mystery of predestination is to be handled with special pru- dence and care. And albeit Mr. Turrentine in his Instit. Theol. Loc. 4, quest. 6, maintains very warrantably, that it should be publicly taught, yet he thinks it a subject more proper for the schools than the pulpits. 8. The introduction to the text is to be brief and perspicu- ous, drawn from the text itself or context, or some parallel place of Scripture. If the text be long, (as in histories and parables sometimes it must be,) he is to give a brief sum of it ; if short, a paraphrase thereof, if need be ; in both looking diligently to the scope of the text, and pointing at the chief heads and grounds of doctrines which he is to raise from it. In analysing and dividing his text, he is to regard more the order of matter than of words, and neither to burden the memory of the hearers in the beginning with too many mem- bers of division, nor to trouble their minds with obscure terms of art. 9. In raising doctrines from the text, his care ought to be, 1st, That the matter be the truth of God. 2dly, That it be truth BOOK SECOND. 255 grounded on, or contained in that text, that the hearers may- discern how God teacheth it from thence. 3dly, That he chiefly insist upon these doctrines which are principally in- tended, and make most for the edification of the hearers. The doctrine is to be expressed in plain terms, or if any thing in it need explication, it is to be opened, and the consequence also from the text cleared. The parallel places of Scripture confirming the doctrine are rather to be plain and pertinent than many ; and if need be, somewhat insisted upon, and ap- plied to the purpose in hand. The reasons or arguments are to be solid, and as much as may be, convincing. The illus- trations, of what kind soever, ought to be full of light, and such as may convey the truth into the hearer's hearts with spiritual delight. " 10. If any doubt, obvious from Scripture or reason, or pre- judice of the hearers, seem to arise, it is very requisite to re- move it, by reconciling the seeming differences, answering the reasons, and discovering and taking away the causes of pre- judice and mistakes : otherwise it is not fit to detain the hearers with propounding or answering vain or wicked cavils, which, as they are endless, so the propounding and answering of them, doth more hinder than promote edification. 11. The doctrine is to be brought home to special use by application to the hearers, that they may feel the word of God to be quick and powerful, and a discerner of the thoughts and intents of the heart. In the use of instruction or information in the knowledge of some truth, which is a consequence from his doctrine, he may, when convenient, confirm it by a few firm arguments, from the text in hand, and other places of Scripture, or from the nature of that common place of divinity, whereof that truth is a branch. In confutation of false doc- trines, he is neither to raise an old heresy from the grave, nor to mention a blssphemous opinion unnecessarily ; but if the people be in danger of an error, he is to confute it soundly, and endeavour to satisfy their judgments and conciences against all objection. In exhortation to duties, he is, as he seeth cause, to teach also the means that help to the perform- ance of them. In dehortation, reprehension, and admonition, which requiretli special wisdom, he is, as need requires, not only to discover the nature and greatness of the sin, with the misery attending it, but also to show the danger the hearers are in to be overtaken and surprised by it, together with the remedies and best way to avoid it. In applying comfort, whether general against all temptations, or particular against 256 BOOK SECOND. some special troubles and terrors, he is carefully to answer such objections as a troubled heart and afflicted spirit may suggest to the contrary. It is also sometimes requisite to give some notes of trial, which is very profitable, especially Avhen performed by able and experienced ministers, with circum- spection and prudence, and the signs clearly grounded on the holy Scripture, whereby the hearers may be able to examine themselves, whether they have attained those graces, and per- formed those duties to which he exhorteth, or be guilty of the sin reprehended, and in danger of the judgment threatened, or are such to whom the consolations propounded do belong. 12. This method is not prescribed in the Directory as ne- cessary for every man, or upon every text : nor is it necessary to prosecute every doctrine which lies in the text, and such uses as are wisely to be made choice of, as by the minister's residence and conversing with his flock he findeth most need- ful and seasonable for them : but only it is recommended as a method which hath in experience been fovnd much blessed of God, and very helpful for the people's understandings and memories. 13. Ministers are to preach catechetical doctrine, besides their ordinary work of catechising, in such manner as they find most conducive to the edification of their flocks, by act of Assembly 1695, sess. 17. This work of catechising, is a fa- miliar way of instruction or teaching, when the scholar answers the question asked. It is in a plain way to instruct those of their charge in the first principles of the Christian religion. This was the apostolical way of teaching the churches at their first plantation, Heb. v. 12, and vi. 1,2, 1 Cor. iii. 1, 2. This is the periphrasis of pastor and people, which the Holy Ghost useth, setting forth the reciprocal relation and office be- twixt them, Gal. vi. 6. " Let him that is taught," or cate- chised, " in the word, communicate unto him that teacheth," or catechiseth, " in all good things." Catechumeni, was a word used by the primitive church, to signify such as learned the principles of religion, and were not yet baptised ; and since, such as are catechised, but who have not received the Lord's supper. These Catechumeni, were of two sorts : one sort was, of those who had not access to baptism till they made public profession of their faith in Jesus Christ, because their parents were Heathens, and themselves strangers to the Chris- tian doctrine ; such were catechised before baptism. Tlie other sort of Catechumeni was, the children of professed be- lievers, who were baptised when infants, having a right to that BOOK sncoxD. 'Zoi seal by virtue of that promise made to believers and to their children ; these, after their infancy was over, and they had been privately instructed in the principles of the Christian religion, offered themselves to public catechising. Both these sorts, after they had made such proficiency in the knowledge of re- ligion, as thereupon they were admitted to the Lord's table, they got the name of Perfecti. 14. By the 25th article, cap. 1, French Church Discipline, the minister of one parish cannot preach in another, without first obtaining leave of the minister of that, unless in case of his absence. In which case it must be the consistory that in- vites him : and if the fl.ock be dispersed by reason of perse- cution or other trouble, the stranger shall endeavour to as- semble the deacons and elders, which if he cannot do, he shall nevertheless be permitted to preach to re-unite the flock. And by the 20th canon Concilii sexti in Tndlo : " Ne liceat epis- copo in alia, quee ad se non pertinet, civitate publico docere : si quis autem hoc facere deprehensus fuerit, ab episcopatu desistat, presbyteri autem munere fungatur." 15. Every minister is ordained to have weekly catechising of some part of the parish, and masters of families are to catechise their children and servants at home, whereof account may be taken by the minister and elders assisting him in the visitation of every family ; * see act of Assembly, August 30, 1639. And by the act of Assembly, July 30, 1649, the fore- said act is renewed. I know no act for weekly sermons, yet weekly preaching there is ; ministers, it is true, are appointed to preach every Lord's day, both before and after noon, Assem. 1648, sess. 38. But there is none for week-day's sermons, yet the one is observed, and the other too much in desuetude. By that act 1649, ministers are so to order their catechetic questions, as thereby, the people present may at every diet have the chief heads of saving knowledge presented unto them. And by the same act, every presbytery is ordained to take trial twice in the year, whether all the ministers be care- ful to keep weekly diets for catechising : and if any be found negligent therein, they shall be admonished for the first fault ; and if after such admonition, they shall not amend, the pres- bytery then shall rebuke them sharply : And if after such re- buke they shall not yet amend, they shall be suspended. Ministers of land-ward congregations are certainly to be ex- empted from this in seed-time and harvest, and the act is to be so understood, 16. All of every quality are to be examined of whose u 2.58 BOOK SECOND. knowledge ministers are not certain, (which clearly supposetib that a minister being once satisfied with a person's knowledge is not obliged again to examine him,) and young persons from the time they are capable of instruction, which it seems hath been thought to be about nine years of age, by the MS. acts of Assembly at Edinburgh 1570. But see Assem. 1648, sess. 38, among remedies ecclesiastical, in particular against ignor- ance. And Assem. 1646, sess. 10, remed. 9, ministers are to have rolls of their parish, not only for examination, but for considering the several dispositions of the people, that ac- cordingly they may be admonished and prayed for by them in secret. 17. The larger and shorter Catechisms agreed upon by the Assembly of Divines at Westminster, with assistance of com- missioners from this church, are by the Assembly 1648, July 28, and August 20, approved and appointed directories, the larger for catechising proficients in religion, and the shorter for catechising such as are of weaker capacity. By the act of Assembly 1649, sess. SO, sessions are to take care that in every family, there be at least one copy of these Catechisms, Confession of Faith, and Directory for Worship. 18. By the act of Assembly July 28, 1648, they having found in a little Catechism printed at Edinburgh 1647, en- titled, " The A, B, C, with the Catechism," that is to say, " An instruction to be taught and learned of young children," very gross errors in the point of universal redemption, and in the number of the sacraments, they do discharge the selling, using, and reprinting thereof. 19. Some persons may be rebuked at the time of catechis- ing, who deserve more than a private rebuke, and yet need not be brought to public repentance, Assem. 1648, sess. 38. 20. The intention of the composers of our Directory for public prayer is expressed towards the end of their preface. Their own words are, " our meaning therein being only that the general heads, the sense and scope of the prayers and other parts of public worship being known to all, there may be a consent of all the churches in these things that contain the substance of the service and worship of God, and the mi- nisters may be hereby directed in their administrations, to keep like soundness of doctrine and prayer, and may, if need bo, have some help and furniture : yet so as they become not hereby slothful and negligent in stirring up the gifts of Christ in them ; but that each one, by meditation, by taking heed to himself, and the flock of God committed to him, and by wnse BOOK SECOND. 259 H3bserving the ways of divine Providence, may be careful to furnish his heart and tongue, with further or other materials for prayer, as shall be needful on all occasions." 21. The Directory for public prayer doth recommend that prayer which Christ taught his disciples, to be also used in the prayers of the church ; because it is not only a pattern of prayer, but is itself a most comprehensive prayer. I do think there are no public prayers used in our church, wherein the petitions in the Lord's prayer, are not expressed throughout their prayers ; though perhaps neither at the beginning or conclusion, or all at once, by way of form. But if any, not- withstanding, think fit to say it likewise all at once, the most proper time for that, some think, would be immediately before the other form used for the ministerial benediction. See § 29, of this Title. 22. After reading of the word, and singing of the Psalm, the Lord is to be called upon to this effect, viz. To acknow- ledge our great sinfulness, first, by reason of original sin, which, besides the guilt that makes us liable to everlasting damnation, is the seed of all others sins that hath depraved and poisoned all the faculties and powers of soul and body, doth defile our best actions, and were it not restrained, or our hearts renewed by grace, would break forth into innumerable transgressions, and greatest rebellions against the Lord, that ever were committed by the vilest of the sons of men. And next, by reason of actual sins, our own sins, the sins of ma- gistrates, of ministers, and of the whole nation, unto which we are many ways accessory. Which sins of ours, receive many fearful aggravations, we having broken all the com- mandments of the holy, just, and good law of God, doing that which is forbidden, and leaving undone that which is en- joined, and that not only out of ignorance and infirmity, but also moi-e presumptuously against the light of our minds, cheeks of our consciences, and motions of his own holy Spirit to the contrary. So that we have no cloak for our sin, yea, not only despising the riches of God's goodness, forbearance, and long suffering, but standing out against many invitations and offers of grace in the gospel. To bewail our blindness of mind, hardness of heart, unbelief, impenitency, security, backwardness, barrenness, our not endeavouring after mortifi- cation, and newness of life, nor after the exercise of godliness in the power thereof, and that the best of us have not walked so steadfastly with God, kept our garments so unspotted, nor been so zealous of his glory, and the good of others as we 260 BOOK SECOND. ought, and to mourn over such other sins as the congregation is particularly guilty of. notwithstanding the manifold and great mercies of our God, the love of Christ, the light of the gospel, and reformation of religion, our own purposes, promises, vows, solemn covenants, and other obligations to the contrary. To acknowledge and confess, that as we are convinced of our guilt, so, out of a deep sense thereof, we judge ourselves un- worthy of the smallest benefits, most worthy of God's fiercest wrath inflicted upon the most rebellious sinners, and that he might justly take his kingdom and gospel from us, plague us with all sorts of spiritual and temporal judgments in this life ; and after cast us mto utter darkness. Notwithstanding all which, to draw near to the throne of grace, encouraging our- selves with hopes of a gracious answer of our prayers in the riches and all-sufficiency of that only one oblation, the satis- faction and intercession of the Lord Jesus Christ, at the right hand of his Father and our Father, and in confidence of the exceeding great and precious promises of mercy and grace in the new covenant, through the same Mediator thereof, to de- precate the heavy wrath and curse of God, which we are not able to avoid or bear, and humbly and earnestly to supplicate for mercy in the free and full remission of our sins, and that only for the bitter sufferings and precious merits of that of our only Saviour Jesus Christ. That the Lord would vouchsafe to shed abroad his love in our hearts by the Holy Ghost ; seal unto us by the same spirit of adoption, the full assurance of our pardon and reconciliation ; comfort all that mourn in Zion, speak peace to the wounded and troubled in spirit, and bind up the broken-hearted : And as for secure and presump- tuous sinners, that he would open their eyes, convince their con- sciences, and turn them from darkness unto light. To pray for sanctification by his Spirit, the mortification of sin dwelling in, and many times tyrannizing over us, the quickening of our dead spirits, with the life of God in Christ, grace to enable us for all duties of our conversation and callings towards God and men, strength against temptations, the sanctified use of blessings and crosses, and perseverance in faith and obedience unto the end. To pray for the propagation of the gospel and kingdom of Christ to all nations, for the conversion of the Jews, and the fulness of the Gentiles, the fall of Antichrist, and the hastening of the second coming of our Lord ; for the deliverance of the dis- *" tressed churches abroad, from the tyranny of the Antichristian faction, and from the cruel oppressions and blasphemies of the Turk ; for the blessing of God upon all the reformed churches, BOOK SECOND. 261 especially upon the cliurelies and kingdoms of Scotland, Eng- land, and Ireland, more particularly for that church and kingdom whereof we are members, that therein God would establish peace and truth, the purity of all his ordinances, and the power of godliness, prevent and remove heresy, schism, profaneness, superstition, security and unfruitfulness under the means of grace, heal all our rents and divisions, and pre- serve us from breach of our solemn covenant. Prayers are to be put up for all in supreme authority, and those in subordi- nate authority to them, 1 Tim. ii. 1, 2, 4. Which prayers are to be directed by their circumstances. We are to pray for all pastors and teachers, that God would fill them with his Spirit, and make them powerful in their ministry, and give unto all his people pastors according to his own heart ; for the universities and schools, and religious seminaries, for church and commonwealth, that they may flourish more in learning and piety ; for the particular city or congregation, that God would pour out a blessing upon the ministry of the word, sacraments, and discipline, upon the civil government, and all the families and persons therein ; for mercy to the afflicted in any inward or outward distress ; for seasonable weather, and fruitful sea- sons, as time may require, for averting judgments that we either feel or fear, or are liable unto, as famine, sword, pes- tilence, and such like. To pray earnestly for his grace and effectual assistance to the sanctification of his holy Sabbath, the Lord's day, in all the duties thereof, that the Lord, who teacheth to profit, would graciously please to pour out the spirit of grace, together with the outward means thereof, caus- ing us to attain such a measure of the excellency of the know- ledge of Christ Jesus our Lord, that we may account all things but as dross, in comparison of him ; and that we, tasting the first fruits of the glory to come, may long for a more full and perfect communion with him. That God would in a special manner furnish his servant now called to dispense the bread of life unto his household, with wisdom, fidelity, zeal, and utterance, that he may divide the word of God aright, to every one his portion, in evidence and demonstration of the Spirit and power, and that the Lord would circumcise the ears and hearts of the hearers to hear in love, and receive with meekness, the ingrafted word, strengthen them against the temptations of Satan, the cares of the world, the hardness of their own hearts, and whatsoever else may hinder their profit- able and saving hearing. .23, The sermon being ended, the minister is to give thanks 2G2 BOOK SECOKD. for the great love of God in sending of his Son Jesus Christ unto us, for the communication of his Holy Spirit, for the light and liberty of the glorious gospel, for the admirable good- ness of God, in freeing the land from Anti-christian darkness and tyranny, for the reformation of religion, and many tem- poral blessings : and to pray for the continuance of the gospel, and all ordinances thereof in their purity, power and liberty : and to turn some of the most useful heads of the sermon into some few petitions, and to pray that it may abide in the heart, and bring forth fruit in the life and conversation. To pray for preparation for death and judgment, and a watching for the coming of our Lord Jesus Christ ; to intreat of God the forgiveness of the iniquity of our holy things, and the accepta- tion of our spiritual sacrifice, through the merit and media- tion of our great High Priest and Saviour, the Lord Jesus Christ. 24. Notwithstanding of the above Directory for public prayers, the minister may (as in prudence he shall see meet) make use of some part of these petitions after the sermon, or he may offer up to God some of the thanksgivings in his prayer before sermon. 25. By the act of Assembly, Aug. 6, 1649, their com- mission being empowered to emit the Paraphrase of the Psalms, and establish the same for public use, they did accordingly conclude and establish the Paraphrase of the Psalms in metre, now used in this church, after the pre&byteries had sent their animadversions thereupon. 26. It was the ancient practice of the church, as it is yet of some reformed churches abroad, for the minister or precentor to read over as much of the Psalm in metre together, as was intended to be sung at once, and then the harmony and melody followed without interruption, and people did either learn to read, or get most of the Psalms by heart ; but afterwards it being found, that when a new Paraphrase of the Psalms was appointed, it could not at first be so easy for the people to fol- low, then it became customary that each line was read by itself, and then sung. But now, having for so long time made use of this Paraphrase, and the number of those who can read being incr&a-ed, it is but reasonable that the ancient custom should be revived, according to what is insinuated by the Di- rectory on this subject. And that such who cannot read may know what Psalms to get by heart, let such be affixed on some tonspicuous part of the pulpit as are to be sung in public at r.ext meeting of the congregation. It were to be wished that BOOK SECOKD. 263 masters of families would path the way for the more easy in- troducing of our former practice, by reviving and observing the same in their family worship. 27. In the 38th Sess. of Assembly, 1648, there is an act for examining the labours of Mr Zachary Boyd, upon the other scripture songs. And by Assembly 1708, sess. 4, the scrip- ture songs by Mr Patrick Sympson, minister at Renfrew, are recommended to be used in private families : and in order to prepare them for the public use of the church, this was renewed in Assembly 1707 ; and by the 15th act of Assembly 1708, their commission is instructed and appointed to consider the printed version of the scripture songs, with the remarks of presbyteries thereupon ; and after examination thereof, they are authorised and empowered to conclude and emit the same, for the public use of the church : the present version of the Psalms having been ordered in the same manner, in the year 1649. 28. Though a believer be afflicted, yet he is to sing since it is such a duty as prayer is, tendeth to cheer the soul's dis- position, and to sweeten and mitigate the cross unto it. Com- plaints of our sin and failings may be mournful songs ; and because God hath redeemed, pardoned, and comforted others, therefore vv-e are to rejoice in the hope and desires of the same to ourselves. Though the subject of a song doth not always quadrate with our case, yet unto a judicious attentive person there is always some attribute of God, some providence or word of his, in that very subject to be praised. In the imprecatory Psalms, we sing to the praise of divine justice, against the malicious enemies of his church, like unto these that the Psalmist did aim against. 29. The minister useth to dismiss the congregation with a solemn blessing or prayer to God for them, which ordinarily is in these or the like words, 2 Cor. xiii. 14. " The grace of the Lord Jesus Christ, the love of God the Father, and the communion of the Holy Ghost, be with you all. Amen :" But when probationers for the ministry are preaching, they use to pronounce the blessing with this variation : Instead of " be with you," they say, " be with us." And the modera- tors of General Assemblies observe the same stile in pro- nouncing of the blessing at their dissolution. Yet seeing no minister of a congregation doth put up that public prayer alone, it would therefore seem, it should always run in the ordinary stile of other congregational petitions, viz. *' be with us." 264 BOOK SECOND. 30. Ministers their bowing in the pulpit, though a lawful custom, is hereafter to be laid aside, for satisfaction of the de- sires of the synod of England, February 7, 1645. TITLE II. Of Family Worship, 1. By act of Assembly, August 24, 1647, revived As- sembly 1694, they approve of the following rules and direc- tions for private and secret worship, and mutual edification, for cherishing piety, maintaining unity, and avoiding schism and divisio?!. And ministers and ruling elders are required to make diligent search in the congregation, whether there be among them any family which neglects to perform family worship ; and if any such be found, the head of the family is first to be admonished privately to amend his fault ; and in case of his continuance therein, he is to be gravely reproved by the session : After which reproof, if he be found still to neglect family worship, let him be suspended from the Lord's supper. 2. The head of every family is to have a care, that both themselves, and all within their charge, be daily diligent in performing of secret worship, and be given to prayer and me- ditation. 3. The ordinary duties of families convened for the exer- cise of piety are these ; first, prayer and praises ; next, reading of the Scriptures, with catechising in a plain way together, with godly conferences ; as also admonitions and rebukes upon just reasons. 4. The master of a family, though of the best qualifica- tions, is not to take on him to interpret the Scriptures ; yet it is commendable that, by way of conference, they make some good use of what hath been read and heard. As for example, if any sin be reproved in the word read, use may be made thereof, to make all the family circumspect and watchful against the same ; or, if any judgment be threatened, or men- tioned 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 judgment befal them, unless they be- ware of the sins 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 implore Christ for strength to to enable them for doing commanded duty, and to apply the offered comfort. In all which the master of the family is to EOOK SECOND. 265 have the chief hand, and any member of the family may pro- pound a question or doubt for resolution. 5. Persons of quality are allowed to entertain one approved by the presbytery, for performing the worship of God in their families. And in other families where the head is unfit, one constantly residing in the family, and approved by the mini- ster and session, may be employed in that service : yet it was never the mind of the church, that persons of quality should lay their family worship entirely upon their chaplains, and never perform it in their own persons, as appears from the solemn acknowledgment of sins, where they confess, the igno- rance of God and his Son prevails exceedingly in the land ; the greatest part of masters of families amongst noblemen, barons, gentlemen, burgesses, and commons, neglect to seek God in their families, and to endeavour the reformation thereof ; and albeit it hath been much pressed, yet few of our nobles and great ones ever to this day could be persuaded to perform family duties themselves, and in their own persons, which makes so necessary and useful a duty to be misregarded by others of inferior rank ; nay, many of the nobility, gentry, and barons, who should have been examples of godliness and sober walking unto others, have been ringleaders of excess and rioting. 6. Considering that persons aiming at division may be ready to creep into houses, and lead captive silly and unstable souls ; for preventing whereof, no idler who hath no particu- lar calling, or vagrant person, under pretence of a calling, is to be suffered to perform worship in families. The not ob- serving of this direction hath been of sad consequence to some families in this land in the late times. Neither are persons from divers families to be invited or admitted into family worship, unless it be these who are lodged with them or at meat, or otherwise with them upon some lawful occasion. 7. So many as can conceive prayer ought to make use of that gift of God, albeit those who are rude and weaker may begin with a set form of prayer, but so as they be not slug- gish in stirrring up in themselves the spirit of prayer, which is given to all the children of God in some measure. 8. Let them confess to God how unworthy they are to come in his presence, and how unfit to worship his Majesty, and therefore earnestly ask of God the spirit of prayer. They are to confess their sins, and the sins of the family, accusing, judging, and condemning themselves for them, till they bring their souls to some measure of true humiliation ; they are to 266 BOOK SECOND. pour out their souls to God in the name of Christ, bv the Spi- rit, for forgiveness of sins, for grace to repent, to believe, and to live soberly, righteously, and godly ; and that they may serve God with joy and delight, walking before him ; they are to give thanks to God for his many mercies to his people, and to themselves, and especially for his love in Christ, and for the light of the Gospel ; they are to pray for such particu- lar benefits, spiritual and temporal, as they stand in need of for the time : they ought to pray for the church of Christ in general, for all the reformed churches, and for this church in particular, and for all that suffer for the name of Christ, for all superiors, for the Queen's Majesty, and inferior magistrates ; for the magistrates, ministers, and whole body of the congrega- tion ; and for their neighbours absent about their lawful affairs, and for these that are at home. The prayer may be closed with an earnest desire, that God may be glorified in the coming of the kingdom of his Son, and that what they have asked according to his will may be done. 9. Extraordinary duties both of humiliation and thanks- giving are to be carefully performed in families, when the Lord, by extraordinary occasions, private or public, calleth for them. 10. Persons of divers families being abroad upon their par- ticular vocations, or any necessary occasions, are to take care that the duties of prayer and thanksgiving be performed by such as the company shall judge fittest. 11. By an act of Assembly 1697j sess. 5, such elders and deacons as obstinately refuse or neglect family worship by themselves or others appointed for that end, are to be removed from their office. TITLE IIL Of Baptism. 1. Baptism is a sacrament of the New Testament, wherein Christ hath ordained the washing with water in the name of the Father, Son, and Holy Ghost, to be a sign and seal of in- grafting into himself, and of partaking of the benefits of the covenant of grace, and whereby the parties baptised are sol- emnly admitted into the visible church, and enter into an open and professed engagement to be only and wholly the Lord's. 2. The visible church, which is catholic or universal under the gospel, consists of all these throughout the world that pro- BOOK SECOND. 267 fess the true religion, together with their children : and bap- tism is not to be administered to any that are out of the same, they being stiangers to the covenant of promise, till they pro- fess their faith in Christ, and obedience to him : but infants descending from parents, either both, or but one of them, pro- fessing faith in Christ and obedience to him, are in that re- spect within the covenant, and to be baptised. The Directory for worship says, that children of professing parents are Chris- tians, and federally holy before baptism, and therefore are they baptised ; for their baptism supposeth them to be church members, and doth not make or constitute them such. And therefore the practice of denying burial among Christians unto children unbaptised, is unagreeable to this doctrine, and is most unwarrantable : if we consider, that the sacraments are ordinances to be administered in the church, and to the church, they necessarily suppose the pre-existence of a church, and the child's previous right to that seal. 3. By that covenant, whereof baptism is a seal, the Lord promiseth to be our God, and we are in his promised strength to engage to be his people ; which engagement, though Chris- tian infants be not capable to come under of themselves for- mally ; yet by their parents vowing in their name and stead, they do thereby become absolutely bound to the performance thereof, because their obligation and duty to be the Lord's were supposed, and previous unto their being baptised. 4. When both parents are dead, or necessarily absent, an- other sponsor is to be taken ; or, when they are scandalous and erroneous, and thereby give ground to think they are none of Christ's, and for which they may merit the highest censures of the church, if not prevented by evidences of their sincere repentance : in that case, to testify that it doth not appear that the children have any right unto the privilege of that sealing ordinance through their immediate parents ; and that they may, notwithstanding, have a right thereto by their more re- mote parents, it is necessary that a sponsor present the chil- dren, and engage for them. The parent is to be required to provide some fit person, and, if it can be, one related as a parent to the child, should be sponsor. Yet it seems ignorant parents are to be admitted to present their children : for, by act of Assembly 1648, sess. 38, art. 3, of domestic remedies of the sins of the land, this is one, that persons to be married, and who have children to be baptised, who are very rude and ignorant, be stirred up and exhorted, as at all times, so espe- cially at that time, to attain some measure of Christian know- 26s BOOK SECOND. ledge in the grounds of religion, that they may give to the minister, before the elder of the bounds where they live, some account of their knowledge, that so they may th* better teach their family, and train up their children. In case of children exposed, whose baptism, after inquiry, cannot be known, the session is to order the presenting of the child to baptism, and the session itself is to see to the Chris- tian education of the child : as also, when scandalous parents cannot prevail with any fit person, or rather relation, to pre- sent the child in their name, or when the relations of deceased parents refuse to become their sponsors, the session then is to order as is said. The magistrate is to take care that exposed infants be maintained, by laying the expenses thereof upon the parish proportionally. By the 84th canon, con. 6. In Trullo, " Canonicas patrum leges sequentes, de infantibus quoque decernimus, quoties non inveniuntur firmi testes qui eos absque ulla dubitatione baptisatos esse dicant, nee ipsi, propter aetatem de sibi tradito mysterio apte respondere pos- sint, debere absque ulla offensione baptisari." 6. By the 4th article, cap. 11, of the French Church Dis- cipline, the children of fathers and mothers of the Komish church, and of excommunicated persons, cannot be admitted into the church, though they were presented by believing sponsors, unless their fathers and mothers consent to it, and desire it, in quitting and yielding up to the sponsors their right as to instructing them : for baptism being a privilege and benefit, it is not to be imposed, nor children baptised against their parents will, into a communion whereof they are not members ; hence the custom of the church, at administer- ing of baptism, is, to ask the parent or sponsor, if they present that child to be baptised, to which they declare their willing- ness by their answering affirmatively. By the 10th act of the said 11th chapter, those who present children to be bap- tised, must be, at least, fourteen years of age, having received the sacrament of the Lord's supper ; and if they have not, that they promise faithfully to use their endeavours to prepare for it. 7. When single persons or families remove unto other con- gregations, they cannot regularly there be admitted unto the benefit of the sacraments for themselves or children, till they produce a declaration of the church from which they came, testifying them to be free of any known scandal, otherwise these holy things may be profjined, contrary unto that church practice and precept, sacra sacris, of which testimonials there BOOK SECOND. 269 should a register be kept, and they run in this form : " These are to testify, that the bearer hereof hath lived in this parish of preceding last by past. Dur- ing which space he behaved himself civilly and honestly, free of all church censure, or public scandal known to us. This given by command of the kirk session of the said parish. At the day of years, by A. B. session clerk." 8. This testimonial imports, that the person attested is not per famam clamosam, or notourly scandalous, through error or immorality ; but it doth not suppose him to have a competent measure of knowledge, for that is left to the trial and inquiry of the church, to which he seeks to be added as a member. Therefore their judgment is never anticipate by any such clause, unless in testimonials for persons desiring the benefit of the Lord's supper in another parish, where the pastor thereof can- not then get time to examine all strangers. It is true, when men's lives and measure of knowledge are generally believed to be good and competent, this order, as to such, may be dis- pensed with ; yet it were to be wished that even those would observe it, and not give occasion to others, not so good or knowing, to be angry, when they are restricted or obliged unto it. 9. In the baptismal engagement, the parent or sponsor is, in name of the child, to renounce the devil and all his works, the vain pomp and glory of this wicked world, and all the sinful lusts of the flesh. He is to promise to bring up the child in the knowledge of the grounds of the Christian re- ligion, as they are contained in the holy Scriptures of the Old and New Testament : and lastly, he is to bring up the child in that holy life and practice which God hath commanded in his word. The engagements to be given in name of children at baptism, should be expressed in these or the like general terms, conform to the Directory for worship, approven by the General Assembly, 7th February 1645, the due observation whereof is seriously recommended by the 10th act of Assem- bly 1705. 10. The sacrament of baptism is to be administrate in the face of the congregation after sermon, and before pronouncing of the blessing, (see act of Assembly, Feb. 7, 1645. j The child to be baptised, after notice given to the minister the day before, is to be presented, the pastor remaining in the same place where he hath preached, and having water provided in a large bason ; he is before baptism to use some words of in- w 270 BOOK SECOND. struction, touching the author, institution, nature, use, and end of this sacrament ; he is also to admonish all that are present lo repent of their sins against their covenant with God, and to improve and make the right use of their baptism ; next, the parent, or sponsor, is to be exhorted to order his conversation aright, and walk circumspectly ; when'he is to be engaged in the words of the form above. This being done, prayer is also to be joined with the word of institution, for sanctifying the water to this spiritual use. The prayer is to this or the like effect, That the Lord, who hath not left us as strangers with- out the covenant of promise, but called us to the privileges of his ordinances, would graciously vouchsafe to sanctify and bless his own ordinance of baptism at this time : that he would join the inward baptism of his Spirit with the outward baptism of water ; make this baptism to this infant a seal of adoption, regeneration, and eternal life, and of all other pro- mises of the covenant of grace ; that the child may be planted in the likeness of the death and resurrection of Christ, and that the body of sin being destroyed in him, he may serve God in newness of life all his days. Then the minister is to demand the name of the child, which being told him, he is to say (calling the child by his name) " I baptise thee in the name of the Father, of the Son, and of the Holy Ghost." As he pro- nounceth these words, he is to baptise the child with water, which for the manner of doing, it is not only lawful but suffi- cient, and most expedient, to be by pouring or sprinkling of the water on the face of the child, without adding any other ceremony. This done, he is to give thanks and pray to this or the like purpose ; acknowledging, with all thankfulness, that the Lord is true and faithful in keeping covenant and mercy ; that he is good and gracious, not only that he num- beretn us among his saints, but is pleased also to bestow upon our children this singular token and badge of his love in Christ ; that in his truth and special providence, he daily bringeth some into the bosom of his church, to be partakers of his inestimable benefits purchased by the blood of his dear Son, for the continuance and increase of his church ; and pray- ing, that the Lord would still continue and daily confirm more and more this his unspeakable favour ; that he would receive the infant now baptised, and solemnly entered into the household of faith, into his fatherly tuition and defence, and remember him with the favour he sheweth unto his peo- ple ; that if he shall be taken out of this life in his infancy, the Lord, who is rich in mercy, would be pleased to receive BOOK SECOND. 271 him up into glory, and if he live and attain the years of dis- •cretion, that the Lord would so teach him by his word and Spirit, and make his baptism effectual to him, and so uphold him by his divine power and grace, that by faith he may pre- vail against the devil, the world, and the flesh ; till in the end he obtain a full and final victory, and so be kept by the power of God through faith unto salvation, through Jesus Christ our Lord. 11. By the 14th article, chap. 11. of the French Church Discipline, ministers shall reject names given to children, that savour of ancient Paganism, such as Diana, and the like ; and the names attributed to God, such as Emmanual, and the like ; but the names of holy men and women in Scripture are to be chosen. 12. By the 10th act of Assembly 1690, they considering, that the parties receiving the sacraments are solemnly devoted and engaged to God before angels and men, and are solemnly received as members of the church, and do entertain com- munion with her ; and that by former acts, viz. December 10, 1638, and Feb. 7, 1645, the private use of them hath been condemned ; as also, that by allowing the private use of the same in pretended cases of necessity, the superstitious opinion is nourished, that they are necessary unto salvation, not only as commanded duties, but as means without which salvation cannot be attained, therefore they discharge the administra- tion of the Lord's supper to sick persons in their houses, and all other use of the same, except in the public Assemblies of the church ; and also, they discharge the administration of baptism in private, that is, in any place, or at any time, when the congregation is not orderly called together to wait on the dispensing of the word, which is agreeable to the 6th article, chap. 11, of the French Church Discipline, and not to be dis- pensed with, except in times of persecution ; and when a child is baptised in a private house, as is used in England, in that case the minister is to certify the congregation to which the child belongs, that the same was baptised by him, at such a time, and in such a place, before divers witnesses. By the 31st can. cone. 6, in TriiUo : " Clericosqui in oratoriis quae sunt intra demos sacra faciunt vel baptizant hoc illius loci episcopi sententia facere debere, decernimus. Quare si quis clericus hoc non sic servaverit, deponatur." 13. There is a register to be kept of the names of all baptised, and of their parents names and designations, and of the time of their baptism, and of the names of the witnesses thereto ; and of all illegitimate children their names, and 272 BOOK SECOND. those of their parents shall be likewise insert ; but of such it is only said, that they are not born in lawful marriage.. When it is an incestuous child, it shall suffice to name the mother, with the presenter of the child, that the remembrance of so heinous a sin may be extinguished. This is conform to the 19th article of the foresaid 1 1th chapter. 14-. Baptism is not to be administered but once unto any person. It is not the practice of the reformed churches to re- baptize those who were baptized by the Popish clergy ; for they baptize with water in the name of the Father, Son, and Holy Ghost as we do. But Quakers, and others, who want this external seal of the covenant of grace, though such should make profession of the true faith, that sacrament of baptism doth remain to be administered unto them, before they or their children can enjoy the privileges of church members. 15. Neither of the sacraments may be dispensed by any but a minister of the word lawfully ordained, saith our Con- fession of Faith, cap. 27- art. 4. And persons are to be baptized by a minister of the gospel lawfully called thereunto, according to art. 2. cap 28. Our law makes infeftments Toid and null, where they are not given by such as it appoints and authoriseth to give them : Thus are all infeftments in royal burghs, not given by some of the magistrates or clerks thereofl Yet baptism, when it is administered by a person, whose or- dination and call is not agreeable to the principles, constitu- tions, and practice of this church, the essentials of the sacra- ment being observed, that baptism is esteemed as valid, though not as lawful. And although the reformed churches, (so far as I can learn,) would inflict the highest censure upon women or laicks, as profaners and mockers of the holy sacra- ments, if they presumed to dispense them, and would not have the least scruple to baptize those on whom they had wickedly usurped a power to impose a mock of it ; yet I find they have declined to determine so glearly in the case of re- baptizing of these who were baptized by deposed ministers ; Avhich, 1 think, doth not proceed so much from the want of a parity of reason, as it doth from the offence, which may some- time? be taken by a great part of a church, who do not under- stand, or are not satisfied with the grounds of their deposition, or perhaps may be altogether ignorant of their being deposed. But when a deposed minister hath so little interest, and so few followers, tnat he is esteemed by most, yea by a vast ma- jority, to be lawfully deposed ; in that case it might give offence, not to re-baptize a child who was so unlawfully baptised. BOOK SECOND. 273 TITLE IV. Of the Lord's Supper. 1. The Lord's Supper, so called from the time of its insti- tution and first celebration, is a sacrament of the New Testa- ment, wherein by giving and receiving bread and wine, ac- cording to the appointment of Jesus Christ, his death is shewed forth, and they that worthily communicate, not after a corporal and carnal manner, but by faith, feed upon his body and blood, to their spiritual nourishment and growth in grace, have their union and communion with Him confirmed, testify and renew their thankfulness and engagements to God, and their mutual love and fellowship each with other, as members of the same mystical body. 2. Those who are to be admitted to this sacrament, must be found to have a competent knowledge of the fundamentals of the Christian religion, and to be of such an inoffensive walk and conversation, both towards God and their neigh- bours, that they are not known to be guilty of any scandal that meriteth church censure. By the 12th chapter of the French Church Discipline, art. 2, persons shall not be admit- ted to the Lord's supper, till they be above twelve years of age. But I am sure, if children at nine years of age can ex- press themselves piously and knowingly, shewing that they have the grace signified and promised, the seal of the promise cannot warrantably be denied unto them. By the 6th article of that chapter, a man that is deaf and dumb, shewing his piety and religion what he can, by evident signs, tokens, and gestures, may be admitted to partake, when by a long expe- rience of the holiness of his life, the church shall perceive he has faith. By the 7th art. thereof, the bread of the sacra- ment is to be administered to those who cannot drink wine, they protesting that it is not through contempt, and they doing what they can towards it, by putting the cup as near their mouth as they may do, to avoid giving any manner of offence. And by the 10th art. of the same 12th chapter, they say, in as much as several sick persons come to receive this sacrament, which gives occasion that severals make scruple of drinking the wine after them, the pastors and elders shall be warned to take good heed that care and prudence be used in this matter. They may communicate last. 3. Ordinary bread is to be used ; and it is most decent it be leavened wheat bread. Any kind of wine may be used in 274 BOOK SECOND. the Lord's supper, yet wine of a red colour seemeth most suit- able. In case a society of Christians should want the fruits of the vine of all sorts, I cannot think but it might be supplied by some composure as like unto it as could be made : And if any church laboured under that invincible necessity, were it not safer for them to interpret that as a call and warrant to communicate, though wanting the fruit of the vine, than to construct it an authorizing them in a perpetual neglect of that sacrament ? 4. When the admission of those who are allowed to partake of the Lord's supper, is once recorded by a sentence of the church session, which is to proceed either upon the minister's examining of the parties in their presence, or at least of two or three of the elders, that so the rest may pass their sentence on their testimony and report ; in that case there will never be any necessity of coming afterwards to ministers and elders for re-admission, unless by after scandal they be judicially sus- pended from that privilege. See the Vindication of Presby- terial Government, printed at London 1659, page 143. See § 6, and 16, of this title. 5. When the sacrament of the Lord's supper is to be cele- brated in a neighbouring congregation, who nave not leisure, and whose work is not to examine strangers, (as above,) the minister, or any two elders in his absence, may give testimo- nials ; yea, should give to any of their parish, who communi- cate ordinarily at their own parish church, and are without scandal in their life for the time, who are thereupon to be ad- mitted ex debito, and by reason of the communion of saints. But this is not to prejudge the admission of any honest person, who occasionally is in the place where the communion is cele- brate, or such as by death or absence of their own minister or elders, could not have a testimonial. Act of Assembly, Feb. 7, 1645, art. 12, about uniformity of worship. 6. By the 11th act of Assembly 1706, it is recommended to all ministers, to take as strict a trial as can be of such as they admit to the Lord's supper, especially before their first admission thereto, and that they diligently instruct them, par- ticularly as to the covenant of grace, and the nature and end of that ordinance as a seal thereof, and charge upon their con- sciences the obligations they He under from their baptismal covenant, and seriously exhort them to renew the same. This fully answers the end that any Protestant Bishop can have in ministering of confirmation, or laying on of hands upon those that are baptised and come to years of discretion ; neither doth BOOK SECOND. 275 it savour of any superstition, or any scandalous-like approach to the Papists their confirmation, (by chrism on infants,) for the receiving of the Holy Ghost, which is nothing else but an audacious and apish imitation of conveying miraculous opera- tions by the Apostles hands. 7. It is agreeable to the law of nature to seek and promote the good of others, according to our ability and opportunity, by admonishing them to forbear sin and repent for it, Lev. xix. 17. " Thou sbalt not hate thy brother in thy heart, thou shalt in any ways rebuke thy neighbour, and not suffer sin upon him." See Matth. xviii. 15. I suppose that the Sove- reigns on earth did publish their intentions of pardoning all traitors, who should express their sorrow and hatred at former treasons ; and as a mean to reduce them to that happy temper, had strictly commanded and required all their good subjects, to put them in mind of the ingratitude, folly and danger of their treason : Would not we conclude that a neighbour seeing his fellow commit treason, and not reproving him therefor, did neither regard his Sovereign's honour and authority, nor yet valued his neighbour's happiness ? How much more justly may our Lord and Saviour load and charge church rulers with this sin, if they fail to perform that duty, seeing he hath laid his special commands upon them to do it ? And, therefore, if any elder or minister, shall suffer one whom they know to be guilty of some scandalous or heinous sin, though not public, to approach unto the Lord's table, without satisfying acknow- ledgments made in private for it, they do thereby, for aught they know, suffer him to partake of that holy supper, with un- repented sin upon him. 8. As there are divers kinds of good gifts, so there are divers degrees of them, according to which we may and ought to love our neighbour, more or less, because we are commanded to do good unto all men, both with our spiritual advice, and with our worldly goods, ministering to their necessities, but especially unto them who are of the household of faith. Gal. vi. 10. We are bound to shew our love to our enemies, by overcoming evil with good. Rom. xii. 21. Whichis the way, not only to be even with them that wrong us, but to be above them. Every man is called to provide for his own, especially for those of his own house, 1 Tim. v. 8. We are to have a na- tural affection for such as be near to us in blood, and the want thereof is discovered by their want of converse. The Apostle, (1 Cor. V. 11.) forbids to keep company with some scandalous persons, and admitting that precept to be prohibitive of a civil 276 BOOK SECOND. intimacy, it holds as a stronger argument against religious communion with, or at least admission of them to such a dis- tinguishing ordinance. Solomon, (Prov. xxii. 24,) forbids us to go into the company of a furious man, and to converse fre- quently and familiarly with an angry man, as friends use to do. So that, though there are common offices due to all men, yet that distinguishing practice of friends in frequent convers- ing together, is free and optional, as the bestowing of gifts is. Indeed, when notour scandalous breaches and differences do happen, in that case, the parties should be obliged to a formal agreement, by conversing in presence of those, whose work it is to compose such diiferences ; but even then, they can be obliged to continue in no more friendship than a common con- verse imports, especially the lesed party. They may be in- deed both obliged to profess a sincere reconciliation, though not unto a familiar conversation. But as to the usual converse with those of our household and blood-relations, as husband with wife, and father with children, or the like, it is agreeable both to the laws of nature and interest, firmly to preserve and persevere in that. Wherefore upon the whole, where such near relations refuse usual converse with one another, or neighbours at variance shall refuse to renew or continue a common converse, in that case, neither of the guilty parties ought to be admitted to the Lord's table. 9. Fama clamosa, puhlica et frequcns, doth supply the part of an accuser, so that any who lie under the lash of such re- ports, must be so far from being admitted to the Lord's table, or yet attested of, as free of scandal, that they should be pro- cessed thereupon, and have the benefit of neither, till they jus- tify themselves. See tit. 8. of Visitation of Families. 10. When one church goverment is established, if the church shall even then be so unhappy as to be aflBicted, with schism from those who own the same ; in that case, there ought to be union and communion sought and admitted, notwithstanding failings and defects of several kinds, providing union and com- munion may be had without accession to the guilt or defects of others : that is, without being obliged to approve of them, or condemn in our own practice what we judged right, or that we be not by any engagement restrained from a duty. Indeed where there is no union in church government, Mr Durham on Scandal, chap. 13, says, he cannot nor dares not offer any di- rections for making up an union here. As for allowing these who in their judgment differ about church government to communicate with us, it is safer to allow them to communicate BOOK SECONP. 277 with US, than for us to communicate with them ; for hy this way, they may be brought unto us, and we out of hazard of being led away by them. But for all this, such persons are not to be admitted, if they be in their practice culpable of any thing which would justly keep back those of our own communion ; that would be truly a contracting of too much guilt, for gaining of any occasional proselyte or communicant. 11. When there hath been a great and general defection by a church and kingdom, then the National Assembly useth to appoint a national fast and humiliation for these causes. See the act for a fast November 12, 1690. And whoever had been guilty or accessory to the sins and evils therein acknow- ledged, if they joined in the public fasting, they did thereby acknowledge the causes thereof to be just and true, and pro- fessed their sorrow and humiliation therefor : wherewith the session ought to be satisfied, if they signify their meaning to have been so, or that they judge the causes of the fast true and relevant. 12. By the act of Assembly 3d August 1642, every pres- bytery is enjoined to proceed against non- communicants ; and by the 11th art. cap. 12. of the French Church Discipline, those who have been a long time in the church, and will not communicate of the Lord's supper, if they do it through con- tempt, or for fear of being obliged to forsake all manner of idolatry, after several admonitions, they shall be cut off from the body of the church ; but if it be through infirmity, they shall be borne with for some time, until they can be esta- blished. And by the act of Parliament 16th James VI. cap. 17, which is never yet rescinded, but rather included in the acts made and ratified against profaneness : By it all men are to communicate once a year, without respect to the excuse of deadly feuds, under pecunial pains, according to the quality of the transgressors. This act is ratified by the parliament 1641. Though people ought not, nor cannot, be compelled to com- municate, yet non-communicating, not being a matter indif- ferent, but a palpable disobedience to God's voice in the gospel, (Luke xxii. 19,) they ought to account for that scandalous neglect and intermission, before they be of new admitted. ] 3. None must presume to sit down at the Lord's table but such as are admitted according to order, except those whose fitness is unquestioned and notour. Each person, before com- municating, doth deliver the parish lead ticket, when sought for, to one of the elders or deacons when sitting at the table : 278 ROOK SECOND. ' but it were safer to demand these warrants or tokens at their entry to the tables ; for a person unwarily or designedly ap- proaching to the table without a token, may, with less obser- vation or offence, be thus kept from it, than raised from it. These tickets are distributed by the session, or members thereof, by their allowance, to such as they have admitted, or known to be lawfully attested from other parishes. 14. The minister and session having, according to the rules of discipline, admitted unto or debarred persons from the Lord's table, the pastor doth now, immediately before he read the words of institution, doctrinally debar from, and inviteth all unto the Lord's table, according to the state and condition they really are in. If there has been an unexactness or omis- sion in the exercise of discipline, through which some are ad- mitted whom the word of God forbids to approach on their peril, this doctrinal debarring may scar such from partaking ; but if there hath been an imprudent and uncharitable exercise of discipline, in debarring of some wrongously, then the pastor's doctrinal opening of the tables, and inviting such from the word of God to approach, although debarred by the key of discipline, may nevertheless comfort themselves in the Lord, who will be a little sanctuary unto them who are thus roughly and indiscreetly treated by the watchmen. From all which we may gather, that it is safer to err on the right hand of charity, than on the left hand of strictness and severity : The civil law gives this rule, " Semper in dubiis benigniora prseferenda sunt." 15. It is so far from being a warrant, and satisfying to a man's conscience, for approaching the Lords's table, because the discipline of the church admits him, that even a man habitually gracious and prepared, will not for ordinary ad- venture to approach it, except he hath made conscience of getting himself actually prepared, and his graces put in exer- cise, and set apart some considerable time for that purpose. 16. By the act of Assembly 7th February 1545, about the observation of the Directory in some points of public worship, congregations are still to be tried and examined before the communion. Item, That when the cominuuion is to be cele- brate, one minister may be employed for assisting the minister of the parish, or at most two. Item, that there be one ser- mon of preparation delivered in the ordinary place of public worship, upon the day immediately preceding. Item, that the ministers who cometh to assist, have a special care to pro- vide his own parish. Item, that before serving of the tables, BOOK SECOND. 279 there be only one sermon delivered to those who are to com- municate, and that there be one sermon of thanksgiving'after the communion is ended. Item, when the parishioners are so numerous, that many of them cannot conveniently have place, in that case the brother who assists the minister of the parish is to preach to them who are not to communicate that day, which is not to begin until the sermon in the kirk be ended, viz., sermon in the forenoon. 17. But by the present practice, the Thursday, or some other day of the week preceding the communion, is kept as a fast-day, on which there are three sermons delivered by so many neighbouring ministers, which yet to some seems not very proper : For the design of that day being a congrega- tional fast, on which the sins of that parish are to be mourned before the Lord, no other minister can have such particular knowledge thereof, as he who labours and travels among them. Upon Saturday there are two preparation sermons, and upon the Lord's day there are in some churches two action sermons, beside the thanksgiving sermons. There will be at these occasions, three, five, or perhaps more ministers assisting the pastor of the congregation, because of the great confluence of people that resort thereto. Intimation of the celebration of the supper, is made two or three Sabbaths be- fore, (the Directory speaks but of one ;) and on the Sabbath immediately preceding, public intimation is made of the fast. 18. Upon the day of the communion, a large table being so placed, as the communicants may best sit, and the congre- gation may both see and hear, the public worship is begun as on other Sabbaths. And immediately after sermon, the mi- nister prays and sings a part of some psalm ; then, having had an exhortation, he desires the elders and deacons to bring forward the elements, while he cometh from the pulpit, and sitteth down. at the table," and the congregation again sing; thereafter he fenceth and openeth the tables, as before was said. The bread now standing before him, in large dishes, fitly prepared for breaking and distribution, and the wine in large cups, he reads, and may shortly expound the words of the institution, 1 Cor. xi. 23 — 27. Next, he useth a prayer, wherein he both giveth thanks for the inestimable benefit of redemption, and prays to God to sanctify the elements, and accompany his own ordinance with the effectual working of his Spirit. 19. The elements being thus sanctified by word and prayer, the minister is to take the bread, and say, according to the 280 BOOK SECOND. holy institution, command, and example of our blessed Lord ana Saviour Jesus Christ, I take this bread, and having given thanks, I break it, and give it unto you, Take ye, Eat ye, this is the body of Christ which is broken for you, do this in re- membrance of him. In like manner, the minister is to take the cup, and say, according to the institution, command, and example of our Lord Jesus Christ, I take this cup, and give it unto you. This cup is the New Testament, in the blood of Christ, which is shed for the remission of the sins of many, drink ye all of it : For as oft as ye eat this bread, and drink this cup, ye do shew the Lord's death till he come. If the minister have no other brethren assisting him in the adminis- tration, from whom he is rather to take the communion at the next table, he is to communicate himself at the first jbreaking of the bread, and distributing the cup. 20. All the while the elders and deacons in a competent number, and in a grave and reverend manner, do attend about the table to see that none be admitted without tokens, as in the 13th sect, of this title ; and that all who are ad- mitted, may have the bread and wine in their own place and order of sitting, which is without dijQTerence of degrees, or re- spect of persons. 21. By the last mentioned act of Assembly, there is to be no reading in the time of communicating, but the minister maketh a short exhortation at every table ; that there be silence during the time of the communicants receiving, only the minister may drop a short and suitable sentence. By that same act, the distribution of the elements among the com- municants is to be universally used, after the minister hath broken and delivered it to the nearest. Item, That while the tables are dissolving and filling, there be always singing of some portion of a psalm. Item, That the communicants, both before their going to, and after their coming from the table, shall only join themselves to the present public exercise then in hand. Item, That none of those who are present in the kirk, where the communion is celebrate, be permitted to go forth till the whole tables be served, and the blessing pro- nounced, unless it be for more commodious order, and in other cases of necessity. 22. The last table, after they have received, ordinarily fiitteth still, to avoid any trouble by going to their own places. Then the minister goes to the pulpit, where, in a few words, he nutteth them in mind of the grace of God in Jesus Christ, held forth in this sacrament^ and exhorts them to walk wor- BOOK SECOND. 281 thy of it. Then he gives solemn thanks to God for his rich mercy in Jesus Christ, begs his pardon for the defects of the whole service, and intreats his assistance to walk as becometh those who have received so great pledges of salvation, and then concludes with the usual petitions in the public prayers of the church. After prayer, all join in singing a part of a psalm suitable to the occasion, and are dismissed with the blessing. 23. In the manuscript acts of Assembly, there is an act, Dec. 1562, appointing the communion to be celebrate four times a year in towns, and twice a year in country parishes ; yea, it was administered then once a month, as may be seen by the old Discipline bound in with the old Psalms and Forms for prayer in Mr Knox's time. And by the 14th art. cap. 12, of the French Church Discipline, it is recommended to their national synod, to give directions about the more fre- quent celebration of the Lord's supper, and their custom then was four times a year. But our acts of Assembly 1638, sess. 23, act. 12 ; act 19, of Assem. 1701, and Directory for Wor- ship, do only recommend the frequent celebration of the Lord's supper : But how often is to be determined by the kirk-sessions, as they shall find most convenient for the peo- ple, their comfort and edification. These recommendations seem to be treated with little or no regard among us ; for as yet, so far as I know, not one parish hath celebrate it once more than ordinary upon their account. I am sure, if they would have it but once a year, yet parishes in the neighbour- hood may so correspond, as to have it in that bounds all the months of the year, which will supply the want of its fre- quency in one parish, at least unto such as may well travel unto their neighbour churches. 24. By the act James VI. Pari. 3, cap. 24, sub fin. the parsons of all parish kirks are to furnish bread and wine to the communion so oft as it shall be administrate. And by the act of Assembly 1633, sess. 23, art. 12, where the minister of a parish has only allowance for furnishing communion elements once a year, it is declared, that the charges should rather be paid out of that day's collection, than that the congregation want the more frequent use of the sacrament. Spanhemius, in his Introduction to Sacred History, tells us, that in the second century, the Lord's supper was then expressed by several names, and among others it was called the Oblation, from the people's offering the bread and wine. And truly, if the people were desired to contribute money for that end, it X 282 BOOK SECOND. were but reasonable, and not to be grudged, even though it ■were but once a year celebrated, where the minister has no allowance even for that once, and wants likewise a legal maintenance, allocated and secured unto him. But where the communion is but once a year, and the minister hath a legal stipend secured to him, he ought to be discharged to take or defray the expenses of the elements out of the money given and mortified for the use of the poor; and this practice is rendered yet the more scandalous and inexcusable in parishes where this sacrament is but once a year celebrate, and where there be colleagues, who have both legal stipends. The sum ordinarily modified for communion elements doth not exceed fifty merks Scots, which the heritors are liable yearly to pay, although the communion be not administrate in the parish, providing the minister offer to apply it for the use of the poor. TITLE V. Of the Solemnization of Marriage. 1. Matrimonium is defined by Modestinus to be, " Maris et foeminse conjunctio, et omnis \dt8e consortium, divini et humani juris communicatio," i. e. the conjunction of man and woman to be comforts for all their life, with a communication of rights divine and human. By the laws of the Church of England, as they are reformed by Henry VIII. and Edward VI. in the latter edition printed at London 1641, marriage is defined, " Legitimus contractus mutuam et perpetuam viri cum foemina conjunctionem, Dei jussu inducens et perficiens ; in quo tradit uterque alteri potestatem sui corporis, vel ad prolem susci- piendam, vel ad scortationem evitandam." Nvptice are some- times taken pro ritu nuptiali, for wedding ceremonies. 2. The sponsalia, or espousals, ** Sunt mentio et repromissio futurarum nuptiarum," or " De futuro matrimonio." It is only a consent de present! that makes marriage : but the con- sent de futuro, which is given at the contract of marriage, on proclamation of banns, is only the espousals, which are pre- mised to marriage ; it being so solemn an act, should be per- formed with due deliberation. By the civil law and custom of this nation, there is place, rebus integris, for either party to repent and renounce the espousals. See Stair's Instit. p. 25. And by the 9th art. cap. 13, of the French Church Disci- pline, though it be prohibited to marry the sister of the de- ceased, yet it doth not condemn marrying the sister of one contracted that is dead, because it supposes that an alliance is BOOK SF.COND. 283 not consummated but by commixion of blood or sex. See the Commentary on that article. 3. Marriage ought not to be within the degrees of consan- guinity or affinity, forbidden by the eighteenth chapter of Le- viticus. The man may not marry any of his wife's kindred nearer in blood than he may of his own, nor the woman of the husband's kindred nearer in blood than of her own, (see the Confession of Faith,) otherwise the marriage may be de- clared to have been null. A man may marry any of his wife's allies, or a woman any of her husband's allies, " nam non datur affinitas affinitatis." 4. Marriage being ordained for the increase of mankind, and for preventing of nncleanness, persons naturally impotent are therefore incapable to marry. Yet by the laws of the Church of England, as reformed by King Henry VIII. and King Edward VI. De JIatrbnonio, cap. 7, their canon runs thus : " Verum si nota sit utrique perversitas, et tamen mutus perducet de matrimonio consensus, nuptiae procedant ; quo- niam volentibus nulla injuria potest fieri." 5. Those who cannot consent, cannot marry, such as idiots and furious persons, durante furore ; neither they who have not the use of their reason, as infants and those under age, who are not come to the use of discretion, that is when the person is within the years of pupillarity, commonly established in law to be fourteen in males, and twelve in females, nisi malitia suppleat cetatem, which without further probation de- clares them to be arrived at that discretion which fits them for marriage. 6. If it be asked, whether the consent of parents, curators, or nearest friends in their place be essential to marriage ? the common sentence will resolve it, " Multa impediunt matrimo- nium contrahendum, quae non dirimunt contractum." So that their consent becomes necessary, as it were, " necessitate praecepti, sed non necessitate medii.'' And by an overture of Assembly June 4, 1644, it is proposed to be considered on, and reported by the presbyteries, that promises of marriage made by minors, to women with whom they have committed fornication, be declared null and of no effect ; especially when the youth is not willing to observe the same, because his parents threaten him with the loss of their blessing and of his birth-right. This is proposed as being agreeable to the word of God. 7. Errors in the substantial make void the consent, unless future consent supervene, as it did in Jacob, who supposed 284 BOOK SECOND. that he had married and received Rachel, but by mistake got Leah ; yet was content to retain her, and to serve for the other also : but errors in qualities or circumstantials vitiate not, as if one supposing he had married a maid or chaste woman, had married a whore, according to Stair's Institutions, page 26. Yet by Deuteronomy xxii. 21, that error seemeth to be ac- counted substantial ; for, by that text, a woman so deceiving a man was to be put to death ; and by the 38th art. cap. 13, French Church Discipline, if it should happen, that after contracts and promises made, and before the accom- plishment of marriage, the bride is found to have committed fornication, before or after the said promises, and that it was unknown to him who had promised her marriage, the consistory may proceed to a new marriage ; and the bride shall have the same liberty, if it be found that the bridegroom has been guilty of fornication before the said promise. By the 5th art. cap. 24, of our Confession of Faith, that case is only determined thus far, viz. adultery or fornication committed after a contract, being detected before marriage, giveth just occasion to the in- nocent party to dissolve that contract, and they support this from that Scripture, Math. i. 18, 19, 20. 8. Parties cannot be married without they be known to be single persons, either by the minister's own proper knowledge, or by a testimonial from some minister, elders, or session, bearing the same : but albeit they cannot procure a testimonial in common form, through their being scandalous, yet the bene- fit of marriage cannot be denied them after the proclamation of banns. But by the 21st art. cap. 23, of the French Church Discipline, if one of the parties who desire to be married is ex- communicated, the marriage shall not be admitted in the church, unless the excommunicate person make confession of his faults ; but those that are suspended from the Lord's supper they allow to be married. 9. By the 3d article, chap. 24, of our Confession of Faith, such as profess the true reformed religion, should not marry with Infidels, Papists, or with other idolaters, or with such as maintain damnable heresies. And in pursuance of that, by an overture of the Assembly 1701, the transgressors were to be excommunicated. But our statesmen disliking the same, this overture in the Assembly 1704, act 22, issued only in a re- commendation. By the 72d Canon Concilii scxti in Tritllo, it is determined thus ; " Non licere virum orthodoxum cum muliere hajrctica conjungi, neque vero orthodoxum cum viro haeretico copulari, sed et si quid ejusmodi ab ullo ex omnibus BOOK SECOND. 285 factum apparueret, irritas nuptias existiniare et nefarium con- jugium dissolvi." But if two infidels marry, and one of them becometh Christian, the person converted is not thereupon warranted to desert or put away the other party who con- tinues blind, 1 Corinthians vii. 13, 14. And by can. 31. Concilii Laodiceni, " Quod non oportet cum omni hoeretico matriraonium contrahere, vel dare filios aut filias, sed potius accipere si se Christanos futures profiteantur." And by the 20th article, cap. 13. of the French Church Discipline, when one of the parties is of a contrary religion, the purposes of marriage shall not be published in the church, until the party doth publicly profess in the church, that with full resolution he renounceth all idolatry and superstition, particularly the mass ; and if any pastor or consistory do otherwise, they may be sus- pended or turned out of their office : thus diiference in religion justly impedes but doth not annul marriage. 10. If parties delay their marriage forty days after procla- mation, they are to be put to the renewing of the same before they be married ; and the French Church Discipline, cap. 13, art. 2Q, doth recommend not to delay the celebration, after proclamation of banns, above six weeks, to prevent inconveni- ences and ill consequences. The resiling of parties after pro- clamation, is commonly called among us, a scorning of the kirk, though the injury or affront redounds mostly against themselves, and not so much upon the congregation. Indeed, if it could be known that parties never had a serious pur- pose for marriage, but only from a profane making and vain temper had desired themselves to be proclaimed ; in this case, they deserve to be treated as mockers of God and his people. There are other ways whereby God and his church may be mocked, when persons, who be sound in body and mind, are given up to be minded in the public prayers of the church, when they are truly distressed in neither, the authors of which mocking and forgery deserve to be proceeded againsl with the censures of the church. 11. Adultery and wilful desertion do not annul the marriage on any absolute necessity, but they are just occasions upon which the persons injured may annul it, and be free ; other- wise, if they please to continue, the marriage remains valid, excepting when the adultery is committed or accompanied with incest, as if a man should lie with his wife's sister, in which case the wife cannot free herself from the scandal of in- cest, if she, after knowledge thereof, continue to cohabit with him as her husband. And by the Pari. 1573, cap. 55, it is 286 BOOK SECOND. ordered, that the deserter, after four years wilful desertion without a reasonable cause, must be first pursued, and de- cerned to adhere, and being thereupon denounced, and also after private and public admonitions by the church, excom- municate, the commissaries are warranted to proceed to divorce. But simple absence will not be accounted wilful desertion, if he be following any lawful employment abroad. In case then, a party be out of the country, I see not how this order can be used and proceeded in, unless it were sufficiently verified and made appear, that he knew of his being cited before their consistorial courts, and that his absence was wilful and not necessary. 12. A party divorced for adultery may marry again, so it be not to those with whom the adultery, upon which the di- vorce proceeded, was committed : for marriage between such is declared null, and the issue inhabile to succeed to their parents as heirs, Pari. 1600, cap. 20 ; yea, it seems agi'eeable to equity and reason, that where adultery was proven, albeit no divorce ensued, in that case the adulterers cannot marry to- gether. Which agrees with the Civilians, that, " Dolus malus facit cessare quodcunque privilegium, fraus enim nemini debet patrocinari imo punienda." 13. Marriage contracted with a woman ravished or vio- lently taken away and still reclaiming, is annulled from the beginning : See Mackenzie et Mathceus de Raptu. And to this agrees that forecited book of the ecclesiastical laws of England, cap. 12, De Matrimonio. But I am sure it is un- just to treat their children as sons of whores ; see lib. 3, tit. Ravishers of women. 14. After banns have been lawfully proclaimed, and none found objecting against the marriage, the same may there- after be celebrate in private houses, before witnesses, as the custom is now become, upon any week-day, not being a fast- day. Albeit by the Directory for worship, it is publicly to bo solemnized in the place appointed by authority for public worship, before a competent number of credible witnesses, and they advise that it be not on the Lord's day. I am sure, seamen who are to loose and go to sea on Monday, may marry on the Saturday as well as on the Sabbath before. 15. Marriage without proclamation is discharged, as hav- ing dangerous effects, excepting where the presbytery, in some necessary exigencies, dispense therewith, Assembly 1638, sess. 23, art. 21 ; Assem. 1690, sess. 12. Before any proclamation of bauns be made, the names of parties, and their BOOK SECOND. 287 parents, tutors, or curators, are to be given up to the minis- ter, that the consent of friends may be known ; and the pro- clamation is to be made before divine service begin, for three several Sabbaths ; the parties named being designed as fully as they use to be in writs or contracts of marriage, and in collegiate churches, the proclamation is to be in every church of the town, Assem. 1699, sess. 5. By the 18th art. 13th cap. of the French Church Discipline, those who live in places where the usual exercises of religion is not established, may cause their banns to be published in Romish churches, in as much as the matter is partly of a political nature. And by the 22d article of that chapter, the banns of widows who re- marry shall not be published in the church, till seven months and two weeks, at least, after the decease of their former hus- bands, to avoid the scandals and inconveniences that may hap- pen by it, unless it so happen that the magistrates order may interpose to the contrary. 16. One may be clandestinely married, either when banns are not proclaimed, or when the marriage is celebrated by one not ordained and admitted by the church, nor authorised by the slate. By our acts of Parliament, William's Pari. sess. 5, cap. 12, the persons clandestinely married, may now be prosecuted by every procurator fiscal. And by cap. 6, sess. 7, Pari. King William, persons clandestinely married, are obliged, when required, to declare the name of the celebrator, and witnesses, under the pains following, viz. each nobleman £2000, the landed gentlemen 2000 merks, any other gentle- man or burgess £1000, and any other person 200 merks, and to be imprisoned till they declare and pay. The celebrator is punishable by the council, not only with banishment, but in such pecunial or corporal pains as they shall think fit ; the witnesses are made liable in the sum of £100. None of the parties (if both be residing in Scotland) shall get themselves married in England, or Ireland, without proclamation of banns in Scotland, and against the order of the kirk, under the pains as aforesaid, which are always without prejudice of kirk-censure. And there is no doubt they should be rebuked as unnecessary transgressors of a very comely and rational church-order. 17. By the form of solemnization of matrimony, prescribed by the church of England, in the Book of Common Prayer, if any man upon the day of marriage, do allege and declare any impediment, why the parties may not be coupled together in matrimony, by God's laws, and the laws of the realm, and 288 BOOK SECOND. will be bound, and sufficient sureties with him, to the parties, or else put in a caution (to the full value of such charges as the persons to be married do thereby sustain) to prove his al- legation ; then the solemnization must be deferred until such time as the truth be tried. 18. After the purpose of marriage hath been orderly pub- lished, the minister is first to pray for a blessing upon the parties appearing to be married ; which being ended, he is briefly to declare unto them out of the Scripture, the institu- tion, use, and ends of marriage, with the conjugal duties. Then he is solemnly to charge the persons to be married, that they would answer as in the sight of God, to whom they must give a strict account at the last day, that if either of them know any cause, by pre-contract or otherwise, why they may not lawfully proceed to marriage, that they now discover it. The minister, if no impediment be acknowledged, shall cause first the man take the woman by the right hand, saying these words, " I, N. do take thee N. to be my married wife, and do, in the presence of God, and before these witnesses, promise and covenant to be a loving and faithful husband unto thee, until God shall separate us by death." Then the woman shall take the man by the right hand, saying these words : " I, N. do take thee N. to be my married husband, and I do, in the presence of God, and before these witnesses, promise and covenant, to be a loving, faithful, and obedient wife unto thee, until God shall separate us by death." Then without further ceremony, the minister shall pronounce them to be husband and wife, according to God's ordinance, and so con- clude the action with prayer. 19. By the Directory for worship on this head, a register is to be carefully kept, wherein the names of the parties so married, with the time of their marriage, are forthwith to be fairly recorded, for the perusal of all whom it may concern. And that the registers of baptisms and marriages may bear the greater faith, it is fit they be subscribed on each page by the minister ; or, in a vacancy, by two elders, and the clerk of the session. TITLE VI. Of Visitation of the Sick. 1. We are admonished by the Apostle Paul, 1 Cor. x. 32, to give offence neither to the Jews, nor to the Gentiles, nor to the church of God. By the 41st canon, Concil. Carthagin. BOOK SECOND. 289 " Clerici ad viduas vel virgines non ingrediantur, sed cum con-clericis, vel ubi adsunt clerici, vel aliqui bonae existima- tionis Christiani." And by the act of Assembly August 24, 1647, sess. 19, art. 13, sometimes the person troubled may be of that condition, or that sex, that discretion, modesty, or fear of scandal, requireth a godly grave friend to be present, when the pastor is visiting the troubled person. 2. It is the minister's duty to admonish, exhort, reprove, and comfort those committed to his charge, upon all season- able occasions, so far as his time, strength, and personal safety will permit. The people are often to confer with their minister about the state of their souls, and in times of sickness to desire his advice and help, before their strength and under- standing fail them : for this, and what follows of this title, see the Directory. 3. The minister being sent for, is to repair to the sick, and to apply himself with all tenderness and love to his soul, in- structing him out of the Scripture, that diseases come not by chance, or by distempers of body only, but by the wise hand of God ; and whether it be laid upon one out of displeasure for sin, for his correction or amendment, or for trial and exer- cise of his graces, or for other special and excellent ends, all his sufferings shall turn to his profit, if he sincerely labour to make a sanctified use of God's visitation, neither despising his chastening, nor waxing weary of his correction. 4. If the minister suspect him of ignorance, he shall ex- amine and instruct him in the principles of religion, and in the nature, use, excellency and necessity of the graces of the Spirit of God. He shall stir up the sick person to examine himself, to search and try his former ways, and his state to- wards God. If the sick person shall declare any scruple, doubt, or temptation, that is upon him, instructions and reso- lutions shall be given to settle him. But if it appear that he hath not a due sense of his sins, endeavours ought to be used to convince him, of the guilt, pollution and desert of them ; and withal, to make known the danger of delaying repent- ance, and to rouse him out of a stupid secure condition, to apprehend the justice and wrath of God, before whom none who are out of Christ can stand : care must be taken that the sick person be not cast down into despair, by such a severe representation of the wrath of God due to him for his sins, as is not mollified by a seasonable propounding of Christ and his merits, for a door of hope to every penitent believer. 5. If the sick person have endeavoured to walk in the wavs 290 BOOK SECOND. of holiness, and to serve God in uprightness, although not without many failings and infirmities ; or, if his spirit be broken with the sense of sin, or cast down through the sense of the want of God's favour, then it will be fit to raise him up, by setting before him the freeness and fulness of God's grace, the sufficiency of Christ's righteousness, and the graci- ous oflfers in the Gospel : It may be also useful to shew him, that death hath no spiritual evil to be feared by those who are in Christ, because sin, the sting of death, is taken away by him, who hath delivered all that are his from the bondage of the fear of death. Let advice also be given, as to beware of an ill-grounded persuasion on mercy, or on the goodness of his condition for Heaven, so to disclaim all merit in himself, and to cast himself wholly upon God for mercy, in the sole merits and mediation of Jesus Christ. 6. When the sick person is best composed, may be least disturbed, and other necessary offices about him least hindered ; the minister, if desired, shall pray with and for him, confess- ing and bewailing original and actual sin, acknowledging it to be the cause ol all misery ; imploring God's mercy for the sick person through the blood of Christ, beseeching that God would open his eyes, cause him to see himself lost in himself, make known to him the cause why God smiteth him, reveal Jesus Christ to his soul for righteousness and life, give unto him his Holy Spirit to create and strengthen faith, to work in him comfortable evidences of his love, to arm him against temptations, to take off his heart from the world, to furnish, him with patience and strength to bear his present visitation, and to give him perseverance in faith to the end ; that if God shall please to add to his days, he would vouchsafe to bless all means of his recovery, renew his strength, and enable him to walk worthy of God, by a faithful remembrance and diligent observing of his vows and promises of holiness and obedience. And if God hath determined to finish his days, by the present visitation, he may find such evidence of his interest in Christ, as may cause his inward man to be renewed, while his out- ward man decayeth. 7. The minister shall admonish hira also, as there shall be cause, to set his house in order, thereby to prevent inconven- iences, to take care for the payment of his debts, and to make restitution or satisfaction where he hath done any wrong, to be reconciled to those with whom he hath been at variance, and fully to forgive as he expects forgiveness. He may also im- prove the present occasion, to exhort those about the sick per- BOOK SECOND. 29l son to consider their own mortality ; and in health, so to pre- pare for sickness, death and judgment, that when Christ, who is our life, shall appear, they may appear with him in glory. When sick persons desire the prayers of the congregation, it is like an intimation and suit to those who have any moyen with God to pray for them in secret, and continue so to do, as well as in public. TITLE VII. Of Burial of the Dead, Lyke-wakes, and Dirgies. 1. By the Directory for worship, upon the day of burial, the dead body is to be attended decently, suitable to the rank of the deceased party, to the burial-place, and there immedi- ately interred, without any ceremony. It is most convenient that at such occasions we have meditations and conferences suited thereto, and that the minister, as upon other occasions, so at this time, if he be present, may put them in remem- brance of their duty. 2. By the old Book of Discipline in Mr Knox's time, an- nexed to the old paraphrase of the Psalms, after burial, the minister, if present, and desired, goeth to the church, if it be not far off, and maketh some comfortable exhortation to the people, touching death and the resurrection ; but by the act of Assembly 1638, sess. 23, 24, art. 22, all funeral sermons are discharged. 3. By the act of Assembly 1643, sess. 9, ^they discharge burials, and hanging of honours, broads, and arms of persons, of whatsoever quality, within the kirk where the people meet for public worship ; for perhaps at some times the people would be incommoded with open graves. Bishop Hall of Norwich was of opinion, that God's house was not a mere re- pository for the bodies of the greatest saints. 4. By the acts of Assembly 1645, sess. 8, Assembly 1701, sess. lilt, all lyke- wakes are discharged, as fostering supersti- tion and profanity through the land. No doubt, dirgies have likewise had as bad effects ; and from the same reason may be also understood to be discharged. TITLE VIII. Of Ministerial Visitation of Families. 1. It hath been the laudable practice of this church, at least once a year, (if the largeness of the parish, or bodily in- 292 BOOK SECOND. ability, or other such like do not hinder,) for ministers to visit all the families in their parish, and oftener if the bounds be small, and they able to perform it. Among other reasons for these annual visitations of families, this may be one, that be- cause, by the order prescribed by our Lord, Math, xviii. there may be several offences known to ministers, elders, or neigh- bours, which may justly keep back offenders from partaking of the Lord's supper ; and yet it were disorderly and unedi- fying to remove these offences in a public way. These visi- tations may serve to purge a congregation of such private scandals. 2. Although in regard of the different circumstances of some parishes, families, and persons, much of the management of the work must be left to the prudence and discretion of ministers, in their respective oversights ; yet these following directions are offered by Assembly 1708, April 27, as helps for the more uniform and successful management thereof, that it be not done in a slight and o%'erly manner, which supposeth the universal practice thereof through this church, and that the total neglectors may be censured therefor as supinely neg- ligent. 3. Such a time of year is to be chosen for ministerial visi- tation, as the families which he visits may be best at leisure to meet with him ; and if that time should happen immedi- ately after the communion, then it is seasonable, as it were, to beat the iron while it is hot. Timeous intimation is to be made to them of the visitation ; and the elder of that bounds of the parish which is to be visited, is to accompany the minister ; and they should previously confer together concerning the condition and state of the persons and families of those bounds. 4. When they enter a house, they are to express their wishes and desires for the blessing of God upon it, and that above all, that their souls may prosper : then let them take an account of the names of the family, inquire for testimonials from them who are lately come to the parish, and mark them in the roll for catechising, and let them take notice who can read, and of the age of children capable to be catechised ; then the minister is to speak to them all in general, of the neces- sity and advantage of godliness, of justice and charity towards man. 5. He is next, more particularly, to speak to servants of their duty, to serve and fear God ; to be dutiful, faithful, and obedient servants, and of the promises made to such, commend- ing to them the reading of the Scriptures, and secret worship. BOOK SECOND. 293 and love and concord among themselves, and In particular, a holy care of sanctifying the Lord's day. 6. The minister is to shew the children and young servants the advantage of knowing, seeking, and loving God, and re- membering their Creator and Redeemer in the days of their youth, and to mind them how they are dedicated to God In baptism ; and when of age, and after due instruction In the nature of the covenant of grace, to excite them to engage themselves personally to the Lord, and to design and prepare for the first opportunity they can have of partaking of the Lord's supper, to be especially careful how they at first com- municate. 7. Then he Is to speak privately to the heads of the family about their personal duties towards God, and the care of their own souls ; and their obligation to promote religion and the worship of God in their family, and to restrain and get vice punished, and piety encouraged, and to be careful that they and all in their house serve the Lord, and sanctify his day. He Is more particularly to enquire, 1. Whether God be wor- shipped in the family, by prayers, praises, and reading of the Scripture ? 2. Concerning the behaviour of servants towards God and towards man. If they attend family and public wor- ship ? How they sanctify the Lord's day ? And if they be given to secret prayer and reading the Scriptures ? 3. If there be catechising in the family ? if their children be trained up in reading, according to the act of Assembly, August 10, 1648 ? in all which the minister may intermix suitable directions, en- couragements, and admonitions, as may be most edifying. 8. The minister Is to enquire who want Bibles : And If they be not able to buy them, let the poor's box be at the ex- penses ; and recommend to the heads of the 'family to get the Confession of Faith, Catechisms and other good books, for Instructing in life and faith, according to their ability. 2do, Those who are tainted with error or vice are to be admonished secretly, or in the family, as may most edify ; and all are to be exhorted to carry toward such as walk orderly according to the rule, Matth. xviii. 15. otio, The minister is to en- deavour to remove divisions in the family, or with their neigh- bours, and exhort them to follow peace with all men, as far as Is possible. 4vn defence, in so far as tlie defunct drew a SNvord and thrust, or oftered a pistol. And though he prove not his exception of self-defence, he will not therefore be con- demned, except the pursuer prove the libel. The way of proving this exception of self-defence is so lavourable, that it may be proved by presumptions, and by witnesses, otherwise declinable, as cousins, servants, and witnesses, who depone only upon credulity. 4. Hoinicidium culpositm, or faulty slaughter, is, where the murder was not designed, and yet it was committed merely by accident, as if one should hound a dog at another, who should bite him at whom he was hounded, so that he should die thereby; in that and the like case, theotiender is not to be punished with death, but arbitrarily, because aberat animus occidcndi. The difterence between this and casual homicide, is in this, the committer vcrsatur in illicito, but not so in the other ; yet they both agree in this, that they wanted all de- sign of killing. 5. Wilful murder is comitted by fore-thought felony ; and if he who intended to kill one, did not by a mistake kill iiim, but killed another, yet he is to die because he killed a man designedly. Since the design of killing depends much u])on BOOK THIRD. 345 the nature of the wound given, then where the wound was not deadly, the inflictxjr thereof cannot be punished as a mur- derer, though the person wounded thereafter die : And though some be of opinion, that if the party live three days after re- ceiving of the wound, the same is thereby presumed not to be mortal ; yet generally this is referred to the arbitriment of the judge, who is in this to follow the opinion of physicians, or of one physician, if more were not present : but if they vary, then the j udge shall not incline to punish by death, but by an extraordinary punishment. For murder is not to be inferred but from a concluding probation : and if the wound be but small, and a fever follow, then it is presumed that the party died rather of a fever, especially if the person wounded walked a foot for forty days : and seeing ordinarily, wounds that are mortal do kill the receiver in that time, it were therefore not hard to conclude, that he who dies thereafter, dies not of his wounds if he has walked a foot all that time. 6. Night thieves, robbers, and murderers, may be killed without any punishment, when private persons are warranted to pursue them by sheriffs, justices of the peace, or privy coun- sellors, and the robber or murderer resists to be apprehended. And by the civil law, it was lawful for a father to kill his own daughter, if he found her committing adultery, and to kill also her adulterer ; and if the husband kill the adulterer of his wife, he was only to be punished by some arbitrary punish- ment, but not by death. See the Title of the Pandects, de Adtdter. But there is no such decision yet happened in this country. In the Memoirs of the Marquis of Langallerj-, printed at London in the year 1708, p. 85, the following pas- gage is related : viz. A citizen of Madrid, finding a French- man and his wife on the bed, stabbed them both. After the execution, he goes out with his dagger in his hand, stained with the blood of these two persons, and presents himself be- fore the judges, who were then upon the bench. The court of justice, without any other formality, upon the recital of the action, declared him innocent ; this, he says, happened in the year 1700, and the Frenchman was a gentleman of the reti- nue of the French ambassador. 7. Monoraachm, or, the fighter of a single combat, is, " singulus qui pugnat cum singulo." By the 12th act of the 16th Pari, Jam. VI. all such fighters are punishable with death, although none of them be killed, and the provoker is to be punished with a more ignominious death than the defender. The gi^^ng or accepting challenges to fight, and those who 346 BOOK THIRD. carry them, and the seconds of such, may be punished by the council arbitrarily, although combat follow not, because they tend to disturb the peace. The General Assembly, by their act 1648, discharges duels, and ordains all who shall fight them, or make, write, or receive, or with their knowledge carry challenges, or go to the fields, either as principals or se- conds to fight, the contraveners are to be brought into public twice, once in order to their being rebuked, and again, in order to the professing their repentance. (But the method of censuring such now, is to be regulate according to the Form of Process, enacted by Assembly 1707, of which more here- after, Book 4.) If the person guilty be elder or deacon, he is to be deposed ; and whosoever shall refuse to submit to the censure appointed by the church, shall be processed to excom- munication. And by cap. 14, art. 32, of the French Church Discipline, the same upon the matter is enacted. 8. Self-murder is punished with confiscation of moveables, and Christian burial is denied them. Furiosity arid madness ought to defend against this punishment, even though he hath lucid intervals, seeing it is more humane to presume he killed himself in his madness, except it can be proved that he used even in his lucid intervals to wish he were dead, or to com- mend self-murder. An endeavour to kill one's self, is punish- able by confiscation, as self-murder. But it may be reason- ably feared, that the inflicting that punishment upon it, will tempt the poor creature to renew his endeavour with better success. Self murder may likewise be committed by omis- sion, as if a man should designedly starve himself. 9. Parricide is a crime which is committed by killing our parents, or, by the civil law, ascendants or descendants in any degree. By the 220th act, Pari. 14, James VI. parricide is punished only in him who kills his father or mother, good-sire or good-dame, and they are ordained to be disinherited in linea recta. 10. By the 21st act of King William and Queen Mary, for preventing the murder of children, it is enacted, that if any Avoman shall conceal her being with child during the whole space, and shall not call for and make use of assistance in the birth, the child being found dead or amissing, the mother shall be holden and repute the murderer of her own child, though there be no appearance of bruise or wound upon the body of the child. 11. The taking of potions to cause abortion, after the child was quick, should be capitally punished, though the using such BOOK THIRD. 347 means before ihe foetus fuit animatus, or to hinder conception^ is to be punished arbitrarily. By the 91st canon Concilii sexti in Triillo, it is thus determined, *' Eas quae dant abor- tionem facientia medicamenta, et quae foetus necantia venena accipiunt, homicidse paenis subjicimus.'' 12. If the exposed infants do thereby die, the exposers are as guilty as the takers of abortive potions, especially if the place was solitary and remote from society, and where beasts might devour them. But if they were exposed where people resort, and might easily be seen, those who laid them down are only to be punished arbitrarily. Since in this land most rarely are children lawfully begotten ever exposed, there- fore we are not obliged to repute them otherwise than unlaw- fully begotten ; see Matthmus de Crim. Expos. Infant. The parish where such children are found, is certainly at first to bear the burden of their maintenance and education. TITLE XI. Of Incest, Adultery, Bigamy, Rapes, Fornication, et de Venere Monstrosa. 1 . Incest is defined by civilians to be, " Faeda et nefaria maris et foeminiae commixtio, contra reverentiam sanguini de- bitam ;'' and they divide it into two kinds, viz. that which is against the law of nature ; of this sort is all copulation between ascendants and descendants ; the other branch is that which is against the municipal law of the country ; but our law does not observe this distinction ; for it is enacted by Pari. 1, Jam. VI. act 14, that whosoever pollutes his body with such persons in degree as God's word doth contain, Levit. xviii. shall be punished with death. By the act of Assembly 1648, sess. 38, incestuous persons, in case the magistrate doth not punish them capitally, are to make public profession of repentance for the space of 52 Sabbaths ; but this act is innovate and amended by the 4th act of Assembly 1705, and the 11th act of Assem- bly 1707. 2. Adultery is the violation of another's bed : hence some give its derivation ad alterius thoriim, and is committed by a married person's lying with an unmarried, or an unmarried person's lying with one who is married. If the woman with whom the adultery is committed was at that time living as a common whore, and the committer was a single man, and knew nothing of her being married, his punishment should be mode- rated on that account ; but if the man was married, the crime 348 BOOK TllIBD. is the same whether the woman was a whore or not, it being still a violation on his part. And that the lying with a man's betrothed or affidat spouse, may be constructed adultery, (see pages 296, 297 ;) oecause he who lies with one who is to be shortly married, renders the succession as doubtful as he who lies with a married wife. 3. Notour adultery is by the 74th act of Pari. 9, Queen Mary, declared to be punishable by death, after premonition is made to abstain from the same manifest and notour crime. Yet by the explanation of this act given by the 105th act, Pari. 7, Jam. VI. that is only declared to be notour adultery, where, 1st, There are bairns ane or mae procreated betwixt adulterers. 2dly, When they keep company or bed together notoriously known. 3dly, When they arc suspected of adultery, and thereby give slander to the kirk, whereupon being admonished to satisfy the kirk, they contemptuously re- fuse, and for their refusal are excommunicate. If either of which three degrees be proved before the Justices, the com- mitters are punishable by death. 4. Although there be no express law for inflicting death upon ordinary adulterers, yet Mackenzie on this title thinks, that judf>cs are not hindered to inflict the punishment of death upon ordinary adulterers, by any thing expressed in that forecited act of James VI. otherwise, it should be an act in prejudice of the law of God, which expressly ordains adulterers to be put to death, Deut. xxii. By Justinian's 134, N. cap. 11, the civil law is altered, appointing death to be inflicted upon adulterers ; and by the law of most nations, adultery is only punished by pecuniary mulcts. With us notour adul- tery has been punished with death, and single adultery arbi- trarily. 5. By the act of Assembly, Aug. 5, 1642, all presbyteries are ordained to give up to the Lords of Justiciary the names of the adulterers and mcestuous persons, witches, and sorcer- ers, within their bounds, that they may be processed and punished according to law. By Assembly 1 G48, scss. 38, a person being once guilty of adultery, is to make public pro- fession of repentance twenty-six Sabbaths in sackcloth ; and a relapse in adultery three quarters of a year ; but this act is innovate and amended by the forecited act 4, of Assembly 1705. And by that same act 1648, persons guilty of a re- lapse in adultery are to be more summarily excommunicated. 6. Since adultery is only committed by married persons, it Is therefore requisite that the libel in adultery bear, That BOOK THIRD. 349 such persons were married ; and except it be proven or be notour to the assize, they should not file the pannel, though copulation be proved. Adultery may be proven by strong and violent presumptions, as the being in bed together alone, and being naked, and the being frequently alone together. Likewise gifts, love-letters, close doors, the wife's being abroad all night, the entertaining persons that are known to be pimps, and cohabitation, are all presumptions, upon which it is ordinary for assizes to file pannels, with the assistance of any other probation. 7. By the 11th act of Assembly 1707, cap. 4, if the woman who hath brought forth the child, doth declare she knoweth not the father, and that she was not forced, whether married or unmarried, the same censure is to be inflicted upon her as in the case of adultery. But if she allege she was forced in the fields by a person unknown, in that case the former be- haviour of the woman should be inquired into, and she seri- ously dealt with to be ingenuous ; and if she hath been of entire fame, she may be put to it to declare the truth, as if she were upon oath, but not without the advice of the presby- tery, and no formal oath should be taken. 8. In our law a man marrying two wives, or a woman marrying two husbands, commits bigamy ; and this is ac- counted by the 19th act, Pari. 5, Queen Mary, a breach of the oath made at marriage, and therefore is punishable as per- jury, by confiscation of all their moveables, warding of their persons for year and day, and longer during the Queen's will, and as infamous persons never to bruik office, honour, dignity, or benefice in time coming. It may be doubted if Quakers can be punished as perjurers, seeing they give no oath at marriage, and certainly they should, seeing marriage implies a vow, though no explicit oath be given. It may be doubted also if the two persons marrying be guilty of bigamy eo ipso that they marry, though because of some intervening ac- cident they bed not, but seeing by the second marriage they give contrary oaths, certainly they are guilty of perjury ; for perjury being the medium peccati in this crime, and not copu- latio or coitus, as in adultery. " Rcatus contrahitur per con- trorise vota." 9. Rape, or ravishment, is that crime which is committed in the violent carrying away a woman from one place to an- other, for satisfying the ravisher's lust, and is in the civil law punishable by death, L. Un. C. de Rap. Virg. &c. The canon law describes it thus : " Est rapina et vix)lentia quaedam, qua 350 BOOK THIRD. mulier de cujus nuptiis nihil actum est an tea, abducitur, invitis parentibus." By the 4th act. Pari. 21, James VI. it is declared, that although the consent and declaration of the woman ravished, declaring that she went away of her own free will, may free the committer from capital punishment, yet shall it not free him from arbitrary punishment ; which act insinuates that the crime with us is otherwise capital. 10. Since minors are punishable for adultery, much more ought they for a rape ; for men in these years are more prone and liable to perpetrate such extravagancies than when at a greater age. Though it may seem that whores are infra legum observantiam, and ought not to have protection from law, who offend against it ; yet if the whore be now become a penitent, and reconciled to the church, and for a long tract of time hath had a chaste and, laudable conversation ; it may be doubted if the ravisher of such a person may not be punished 'pcena ordinaria. 11. Fornication is committed by the carnal knowledge of unmarried persons. The canon law distinguisheth thus : " Stuprum (say they) est virginis defloratio, et illicitus cum vidua concubitus." That law commands such abusers of virgins to marry them, the parents consenting thereto ; and if they refuse to do so, his body is to be chastised, and himself excommunicated. But if the father of the corrupted virgin will not bestow her upon him in marriage, then the man is obliged to give her such a dowry as virgins of her degree and quality use to get. That same law says, simple fornication is concubitus soluti cum soluta et impudica, the punishment where- of is left unto the judge's discretion. That there should be a distinction of punishment inflicted upon the deflo\Cerers of virgins, and abusers of honest widows, from those who abuse themselves with such women as have sinned so already, is very reasonable. By the act of Assembly, Aug. 10, 1648, fornicators are to make profession of their repentance three several Sabbaths ; who are guilty of a relapse therein, six Sabbaths ; who are guilty of a trilapse, twenty-six Sabbaths ; and of a quadrilapse, three quarters of a year, all in sack- cloth, and are first to appear before the presbytery, confessing their sin there, before they be admitted to public profession of repentance for it ; but this act is reformea and amended by the Form of Process. By cap. 38, sess. 1, Pari. 1, Car. II. fornication is fineable in £400 to noblemen, £200 the baron, £100 the gentleman and burgess, and £10 every inferior person ; and that the pain be doubled toties quoties, and to bo BOOK THIRD. 351 levied off the man as well as the woman, to be applied to pious uses. But if fornicators be insolvent, they are to be punished corporally, according to the 13th act. Pari. 1. James VI. 12. Although the subsequent marriage of fornicators may defend them from civil punishment, and likewise legitimates the children begotten before marriage, according to the present practice, yet the church doth not judge the scandal given to thereby removed ; and therefore, by their act 11th June, 1646, they appoint all married persons, under public scandal of for- nication before marriage, although the scandal thereof hath not appeared before marriage to satisfy publicly therefor, their being in the state of marriage notwithstanding, and in the same manner they should have done if they were not married. 13. According to Mattheus de Criminibus, "Monstrosa Venus est qusecunque vel virum vel fceminam mentitur." With us the confession of sodomy itself, without any other adminicles, is sufficient to infer the punishment of death, ex- cept the confessor be known, or at least suspected to be dis- tempered. Bestiality is likewise punishable with death ; and the endeavour is as highly punishable, if the delinquent was only hindered by others. In both these crimes witnesses who are liable to exceptions will be received, because of the atrocity of the crime, as some authors think. See Mackenzie on this title. We have reason to bless God that these crimes are rarely committed, and some of them not so much as known in this land ; and therefore never any particular statute against them hath yet been made. But our libels against them bear, that although by the law of Omnipotent God, as it is declared Levit. XX. as well the man who lieth with mankind, as well the man who lieth with a beast, be punishable with death, &c. the ordinary punishment, in both these are burning, and the beast is also burnt or drowned with which the beastiality was committed ; partly for the preventing of monstrous births, and partly to blot out the memory of so loathsome a crime. TITLE XII. 0/ Penny Bridals, Promircuous Dancing^ Stage Plays, Im- modesty of Apparel, Drunkenness, Tippling, and acts in general against Pro/aneness. 1. Penny- weddings are neither by our civil nor ecclesiasti- cal constitutions absolutelv discharged, for that were to de^ 352 BOOK THIRD. prlve the poorer sort of the satisfaction of meeting with their friends on that occasion. But our Assembly considering that many persons do invite to these penny-weddings excessive numbers, among whom there frequently falls out drunkenness and uncleanness, for preventing whereof, by their act Feb- ruary 13, 1645, they ordain presbyteries to take special care for restraining the abuses ordinarily committed at these oc- casions, as they shall think fit, and to take a strict account of the obedience of every session to their orders thereanent, and that at their visitation of parishes within their bounds : Which act is ratified March 8, 1701. And by the 12th sess. Assem- bly 1706, presbyteries are to apply to magistrates for execut- ing the laws relating to penny-bridals, and the commission, upon application from them, are to apply to the government for obliging the judges, who refuse, to execute their office in that matter. By the 14th act, Pari. 3, Car. II. it is ordained, that at marriages, besides the married persons, their parents, brothers, and sisters, and the family wherein they live, there shall not be present above four friends on either side. And if there shall be any greater number of persons at penny- weddings, within a town, or two miles thereof, that the master of the house shall be fined in the sum of 500 merks. 2. The General Assembly, by their act July 19th, 1649, finding that scandal and abuse arises from promiscuous dancing, do therefore discharge the same : The censure there- of is referred to the several presbyteries, which is ratified March 8, 1701. By the Church Discipline of France, cap 14, art. 27, those who make account to dance, or are present at dancing, after ha^dng been several times admonished, shall be excommunicated upon their growing obstinate and rebellious ; and all church judicatures are to see this act put into execu- tion. By the 53d canon Concilii Laodiceni, " Non oportet Christianos ad nuptias venientes ballare vel saltare, sed mo- deste coenare vel prandere, ut decet Christianos." 3. By the 28th art. of the forecited cap. of the French Church Discipline, Christian magistrates are exhorted not to tolerate hocus pocus, and slight of hand plays, nor puppet and stage players, neither shall it be lawful for believers to assist at comedies or tragedies, and such other plays, acted in public or private, seeing that in all ages they have been prohibited among Christians, as tending to the corrupting of good man- ners. Nevertheless, when in colleges it shall be thought fit that youth may represent some history, it may be tolerated, providing it be not contained in the Holy Scriptures, and done BOOK THIRD. 353 very seldom, and even then by advice of the colloquy, which shall first be satisfied with the composition. In the third book of the Digests, tit. 2, De his qui notantur infamia, book 2, § 5, sub fin. " Eos enim qui quaestus causa in certamina descendunt, et omnes propter prsemium in scsenam prodeuntes, famosos esse." 4. By the 25th art. of the above cited cap. of the French Church Discipline, the churches shall advertise believers to use great modesty in apparel, and shall give order to abate the superfluity therein committed. Nevertheless, the churches shall make no law thereabout, the making of such appertain- ing to the magistrate. And by art. 26, all persons who wear habits to have open marks of dissoluteness, shame, and too much newness, as painting, naked breasts, and the like, the consistory shall use all possible means to suppress such badges of immodesty by censures. All obscene pictures, which are apt to dispose and incite to unclean thoughts and desires, are most improper furniture for the houses of Christians, and there- fore the users of them may fall under church censures if they be not removed. 5. Temperance is the golden mids between abstinence and intemperance ; for attaining whereof, when we are sufficiently strengthened and refreshed with our ordinary diets, we should abstain betwixt them ; and if we will not suifer ourselves to be thus rationally bounded, I cannot see how we can otherwise eschew the evil of being tempted to excess in drinking, both from the specious pretences and solicitations of our own volup- tuous tempers, and the enticement and example of others : And if we transgress the bound above proposed, we cannot but fall into temptation : For as Card. Bona, de Vitce Chris- tiana: Principiis, saith, " ssepe nescimus utrum subsidium petat inevitabilis corporis cura, an fallacia concupiscentise nos de- cipiat, et in hac incertitudine hilarescit infelix anima, ut salutis obtentu intemperantiam excuset." Our law seems to approve and appoint this manner of bounding, for the 20th act, Pari. 22, James VI. dischargeth all haunting of taverns and ale- houses after ten hours at night, or any time of the day, ex- cepting time of travel, or for ordinary refreshments, under the pain of being punished as drunkards. And therefore, if one accused for drunkenness, deny the same, or impute the signs and effects thereof proven against him, to other causes, as sick- ness of the stomach, giddiness of the head, or the like ; these defences, though they may be true, yet are not relevant to de- fend the accused against the punishment of drunkenness, pro- 2 D 354 BOOK THIRD. Tiding his tippling be proven by the unseasonable haunting of taverns ; ana it needs not be thought hai'd that no distinction is made betwixt drunkenness and tippling, seeing it is a com- mon observation, that tipplers are harder to be reclaimed than drunkards themselves. 6. Among the remedies proposed against the corruption of the ministry, by Assembly 13th June 1646, act 11, ministers are not only to forbear drinking of healths, called Satan's snare, leading to excess, but likewise to reprove it in others : and the followmg act of Parliament punishing the sin of drunkenness, doth appoint excessive drinking, especially un- der the name of healths, to be punished. The act I mean is 19th sess. 1. Pari. 1. Car. II. which enacts, that who drinks to excess, or haunts taverns as above, shall pay, the nobleman £20, the baron 20 merks, the gentleman, heritor, or burgess, 10 merks, the yeoman 40 shillings, and the servant 20 shil- lings, toties quoties, and the minister the fifth part of his sti- pend : which fines are to be applied as the fines for other im- moralities, and the insolvent are to be punished in their per- sons. 7. Such as commit crimes in their drink, are sometimes, for want of design and malice, more meekly punished than others, especially if they were cheated upon design, into that condi- tion by others. And in this case, the law distinguisheth inter ebrios, who are rarely drunk, and ebriosos, who are habitually such ; for these last should be most severely punished, both for their drunkenness, and the crimes occasioned by it. And such as make themselves drunk, upon design to excuse or lessen thereby the sin they are to commit, merit no favour ; and such as know they are subject to extravagancies in their drink, merit as little. Persons that are incapable and stupid through drink, the law not only forbids people to con- tract with them, but makes all contracts then made reducible on that head. The law is so far from countenancing fraud, that it repairs the injured against it. See Stair's Instit. p. 98, and 602. 8. By the 40th act, sess. 4, Pari. King William and Queen Mary, presbyteries are ordained to appoint informers against and prosecutors of profane persons, within their bounds, before the civil magistrate. And by the 13th act of the following session of that Parliament, all magistrates are strictly required to execute the laws against profaneuess at ail times, and against all persons, whether officers, soldiers, or others, without exception. And if any of these judges BOOK THIRD. 355 shall refuse or delay to put the said laws to execution upoa application from minister, kirk-session, or any in their name, givino^ information, and offering sufficient probation against the offender, that every one of the judges so refusing or ne- glecting, shall, toties quoties, be subject and liable to a fine of an hundred pounds, to be applied for the use of the poor of the parish where the scandal was committed ; declaring hereby, that any for the kirk-session or minister, having their warrant, may pursue any of these negligent judges before the Lords of Session, who are ordained to proceed summarily ; and that it shall be a sufficient probation of the judges' refusal, if the pursuer instruct, by an instrument under a notary's hand, and witnesses thereto subscribing, and deponing there- upon, that he made application to the said judge, unless the judge so pursued, condescend and instruct, that within the space of ten days after the said application, he gave orders to cite the party complained on, within the space of ten days, and at the day of compearance, he was ready to have taken cognition of the scandal complained on, and instruct and con- descend on a relevant reason why the laws were not put in execution. By the 31st act, sess. 6, of King William's Pari, it is ordained, that in every parish, where any of the ordinary inferior judges happen to reside, they shall execute the laws against profaneness, and mocking religion and the exercise thereof, at the instance of any person whatsoever who shall pursue the same ; certifying them, if they fail therein, either by themselves, or their deputes, the Lords of Session will ap- point judges in that part. And in other parishes where no such magistrates do reside it is ordained, that the foresaid per- sons shall appoint deputes for the said parishes, with the power and for the end foresaid, such as shall be named to them by the heritors and kirk-session thereof. But, really, it is foreign to members of a kirk-session, considered as such, to chuse or present a civil magistrate, even as it is to a civil court, as such, to chuse or present the members of a kirk- session. And farther, they discharge advocation, simpliciter, of processes, against immorality from these parish judges ; and likewise, all suspensions of their sentences, without con- signation or liquidate discharges. It is also ordained, that in case of calumnious suspending, the Lords of Session decern a third part more than is decerned, for expences ; and likewise, they appoint the fines to be instantly paid in to the parish collector for the poor, or the party imprisoned till sufficient nution be found for the payment of the same, or otherwise to 356 BOOK THIRD. be exemplary punished in his person in case of inability. It is also enacted, that no pretence of difiFerent persuasion in matters of religion, shall exeem the delinquent from being censured and punished for such immoralities, as by the laws of this kingdom are declared To be punishable by fining. And it is recommended to the privy council, to take further effec- tual course against profaneness, and for encouraging of such as shall execute the laws against it. 9. By the acts of Assembly for suppressing profaneness, they appoint as follows. That church judicatures execute discipline faithfully against all scandalous conversation, and in particular, against drunkenness and swearing, but with that gravity, prudence, and meekness of wisdom, as may prove most effectual for reclaiming them. And ministers are to be free with persons of quality for amending of their faults ; and if it be found needful, presbyteries are to appoint some of their number to concur with the minister in admonishing such. Masters of families are to receive no servants, but such as have testimonials of their honest behaviour, and none ought to get testimonials, but such as are free of scolding, swearing, and such like more common sins, as well as fornication, adul- tery, drunkenness, and other heinous gross evils. And the ordinary time of giving testimonials is to be in face of session ; but if an extraordinary exigent happen, let it be given by the minister with consent of the elder of the quarter. If they have fallen, or relapsed into scandalous sins, let their testi- monials bear both their fall and repentance ; but it were more charitable that the scandal were suppressed, and remembered no more. And persons of quality removing to Edinburgh or elsewhere, with their families and followers, if they carry not testimonials along with them, the minister from whom they remove, shall advertise the minister to whom they come, if to his knowledge they be lying under any scandal. It is recom- mended to ministers, presbyteries, and sessions, to meet to- gether for private fasting and prayer, and conference about the state of the church, with respect to the growth and decay of godliness, and success of the gospel ; and in these days the presbyteries ought to pass their privy censures, and both synods and they are exnorted to perform them with more ac- curacy, diligence, and zeal. It is appointed that ministers be frequent in private personal conference, with those of their charge, about the state of their souls. And presbyteries are to take special notice of ministers, who do converse frequently and ordinarily with malignants, and with scandalous and pro- BOOK THIRD. 357 fane person^, especially such as belong to their parishes. Whereas men of business for their too late sitting in taverns, especially on Saturdays night, do pretend relax- ation of their minds ; therefore it is recommended to ministers, where such sinful customs are, to represent the evil thereof both publicly and privately, and call such to redeem that time, which they have from business, and employ the same in conversing with God. It is appointed likewise, that carriers and travellers bring testimonials from the places where they rested on those Lord's days wherein they were from home, to their own ministers. An abstract of all acts of As- semblies against profaneness, is to be got and printed, and also it is overtured, that an abstract of all acts of Parliament against the same be gotten. And each presbytery is to hear the same read twice a year, at two diets to be appointed for that effect. And it is likewise recommended to presbyteries, to prepare overtures to General Assemblies, that they beino- found proper means for curbing of vice, may by them be en- acted. It is appointed, that persons grossly ignorant be de- barred from the communion ; for the first and second time suppressing their names ; for the third time expressing their names ; and for the fourth time let them be brought to public repentance : This is to be understood of those that profit no- thing, nor labour for knowledge ; for if they be labouring to profit, they ought by the act of Assembly to be treated with more forbearance. All which means for suppressing of pro- fanity, are enacted by Assemblies, August 10, 1643, April 14, 1694, January 24, 1698, January 30, 1699. TITLE XUI. Of. Theftf Sacrilege, Usury, Falsehood, Beggars and Vaga- bonds. 1. Theft is described by lawyers to be " fraudulosa con- trectatio, lucri faciendi gratia, vel ipsius rei, vel etiam usus ejus possessionisve, quod lege naturali prohibitum est." By the word contrectatio they understand, not only the taking away of a thing, for theft is committed not only by concealing what was taken from another, but likewise the using a thing de- positate or impignorate to other ends and uses than was agreed upon. When one is urged by necessity, not from a desire to gain, to take food or raiment from the owners thereof without their consent, he is not to be despised, but rather pitied and pardoned, Prov. vi. 30. By the 83d act, Pari. 11, James VI. 358 BOOK THIRD. it is statute, that whosoever destroys plough, or plough-graith in time of tilling, or wilfully destroys the corns, shall be pu- nished therefor by the justices to the death as thieves. But our practice in this is a little arbitrary and uncertain. By the 26th act, sess. 1, Pari. 1. Car. II. it is appointed, that the persons from whom goods are stolen, pursuing the thief, usque ad sententiam, shall have his own goods again wherever they can be had, or the value, and he is to have his expen- ses of prosecuting the thief, out of the readiest of the thief's goods. 2. " Sacrilegus dicitur qui sacra legit." By the canon law, sacrilege is committed, either properly, when a thing sacred is taken out of a sacred place; or less properly, when a sacred thing is taken out of a profane place, or when a profane thing is taken out of a sacred place : This crime is likewise commit- ted when sacred things are embezzled. Though with us, there be no formal consecrations of churches, vestments, cups, &c. yet to steal any thing destinate to God's service, or even to steal any thing out of a church, ought to be looked on as an aggravation of the crime of theft. 3. The taking of more annual-rent, than the quota stated by law, is the first branch of usury ; the second is to take an- nual rents, before the term of payment ; the third is, to take wadsets in defraud of the law ; by doing this, they do not take more annual rent directly than what is prescribed by the law, but they take wadsets of land from the debtor, for more than their annual rents can extend to, and then they set back- tacks to him, for payment of what is agreed upon. The fourth branch of usury with us, is to take bud or bribe for the loan of money, or for continuing it. But it were against reason, that by lending money to my friend, I should become inca- pable of a donation from him. By the 7th act, Pari, 16, James VI. it is appointed, that usury shall be proved by the oath of the party receiver, of the unlawful annual rent, and witnesses insert, without receiving the oath of the giver of the usury, for eviting perjury. The pain of usury with us, is, 1 hat the debtor shall be free from his obligation, or have back his pledge ; or if the debtor conceal, then the revealer shall have right to the suras. Act 222, Pari. 14, James VI. and by the 248th act. Pari. 15, James VI. it is appointed, that the usury bond or contract shall be reduced ; and being reduced, the sum shall belong to his Majesty or his donators ; and the party to have repetition of the unlawful annual rent paid by him, in case only he concur with the donator in the reduction. BOOK THIRD. 359 Usury is called crimen utriiisque fori ; and how ministers are to be censured for it, see Book 4, title 5. 4. Falsehood is a fraudulent suppression, or imitation of truth in prejudice of another. This description of crimen falsi, or fahitas, doth agree with that given by the canonists, viz., " Est fraudelenta sive dolosa veritatis imitatio, vel occultatio." This crime is committed in writ, either by producing a false writ, if they knew it to be false, and abide by it, or by fabri- cating a false writ. Again, it is committed by omission, in a notary's not setting down what he was required to insert in his instrument, or the omitting to express the day and place, when the omitting thereof might hare been disadvantageous. By the 22d act, Pari. 23, James VI. the makers or users of false writs, or accessory to the making thereof, are to be pu- nished with the pains of falsehood ; and the counterfeiter, fal- sifier, or accessory, cannot, by passing from the writ quarrelled, free himself from the punishment. The punishment of for- gery is declared by act 22, Pari. 5, Queen Mary, to be pro- scription, dismembering of the hand or tongue, and other pains of the canon or civil law. The second species of false- hood is, that which is committed by witnesses in their depo- sitions, by taking money to depone or not depone ; by con- cealing the truth, or expressing more than the truth, though they received no money. And, thirdly, by deponing things expressly contradictory ; but in this case, the contradiction must be palpable and not consequential, " Nam omnis interpreta- tio praeferenda est ut dicta testium reconcilientur." By cap. 46, Pari. 6, Queen Mary, false witnesses and their inducers are to be punished by piercing their tongues, escheat of mo- veables, and infamy, and farther at the judge's discretion. Perjury differs not much herefrom, for it is defined by law- yers to be a lie aflfirmed judicially upon oath, and it is punish- able by confiscation of all their moveable goods, warding of their persons for year and day, and longer during the Queen's will, and that as infamous persons they shall never be able to bruik office, honour, dignity, nor benefice in time coming ; For this, see the 19th act, Pari. 5, Queen Mary. There is a third species of falsehood committed by forging true money without authority, by coining false money, or by mixing and allaying worser with nobler metals in current coins, or by venting and passing the adulterate money coined by others, or entertaining the forgers, or being art and part with these coiners. This crime is commonly punished by death. The fourth species of falsehood is committed by using of false 360 BOOK THIRD, weights and measures. By the 19th Pari, act 2, James VI« the users of false weights and measures, are to lose their whole goods and gear. Having of false weights in the shop, presumes using, except this presumption be taken off, by alledging that the Aveights are presently bought or bor- rowed, or laid aside as light. Falsehood is also committed by assuming a false name, and by presenting one person for another at the subscribing of papers : for such impostors the punishment of death hath been inflicted. December 12, 1611, mentioned by Mackenzie on this Title. 5. By the 22d act, Pari. 4, James V. no beggar bom in one parish is to be allowed to beg in another, and badges are to be made by the headsman of each parish for that effect ; which law agrees with those of other nations, see Matth. de Grim, improha de Mendicitate. And by the Book 11, Title 25, of the Codex de validis Mendicantihus, they are distinguished from the poor, and punished as we do sturdy beggars and vaga- bonds. By Car. II. Par. 1, sess. 3, cap. 10, it is ordained, that all masters of manufactories, may, with advice of the magistrates of the place, seize vagabonds, and idle poor per- sons, and employ them in their work, and exact of the parishes where they were born ; or if not known, the parishes where they have haunted for three years before, two shil- lings per diem, in manner prescribed in the act ; and there- after may retain them in their service for seven years for meat and clothes. Sturdy beggars and vagabonds should be proceeded against by the sheriffs, and other judges, and they may exact caution of them, but if they find none, they should be denounced fugitives, and they may be sent to public work- houses, or correction-houses, or put in the stocks ; and if they be reset after they are denounced fugitives, their resetters are liable for the prejudice sustained, and the parties damnified will have action against the magistrates, within whose bounds these vagabonds are willingly reset. See James VI. Pari. 1. cap. 97, and Pari. 11, cap. 97, Pari. 12, cap. 124, 144, 147, and Pari. 15, cap. 268, and Car. II. Pari. 2, sess. 3, cap. 18. By the act of the General Assembly, September 1, 1647, it is recommended to presbyteries, to consider of the best remedies, for preventing abuses committed by beggars, living in great vileness, and many of their children wanting baptism. BOOK THIRD. 361 TITLE XIV. Of Art and Part. 1. Those who are assisters by counsel or otherwise are in our law said to be art and part of the crime. By art is meant, that the crime was contrived by their art and skill, eorum arte ; by part is meant, that they were sharers in the crime committed, when it was committed, et quorum pars magna. The civilians used, in place of art and part, ope et consilio ; by our law such assisters are called complices. 2. By the 151st act, Pari. 11, James VI. it is ordained, that nothing can be objected against the relevancy of that part of the summons, which bears, that the persons complain- ed upon are art and part of the crimes libelled. But the judge here is to consider, whether the adviser gave the coun- sel upon the account of former malice conceived by himself; or if it was only given in resentment of any wrong done to the committer, and is to be more severely punished in the first case than in the last. 2. In the case of advice, the adviser's age is much to be considered : for though minors, and those who are drunk, may be punished for murder, yet it were hard to punish them for advice. 3. The words in which the advice was conceived, should still be interpreted most favourably for the adviser, for words are capable of several and distinct senses, as they are understood by the respective speakers, and they vary by the very accent or punctuation. 4. If the ad- viser retracted his opinion, he ought not to be punished with the ordinary punishment, if he thereafter and instantly inti- mated to the person against whom the advice was given, what danger he was in ; and also dissuaded the committer from following the advice given. 3. He who allowed his house to the adulterers, for perpe- trating that crime, or for consulting about the committing thereof, is certainly punishable, though it was not committed. He who retains his wife, after he found her committing adul- tery, and lets go the adulterer, is punishable as a leno, pimp, or bawd, providing he take money to conceal the adultery, " Nam lenocinium est, ubi maritus quaestum facit de corpore uxoris." He who gives warrant and order, or hires others to commit adultery, deserves the same punishment with the adulterer, and in effect he is most guilty, seeing he wants the natural temptation of the adulterer, and commits the crime in contempt of the law. 362 BOOK FOURTH. 4. Panders, pimps, and bawds, making gain of the whore- dom of others by their help and advice, deserve severe punish- ment as accessories to their wickedness. As likewise, the keepers of taverns and ale-houses, who furnish their guests with liquors unto drunkenness, or sell those liquors at unlaw- ful times, or to drunkards, are to be punished themselves, as drunkards, according to the instructions given to justices of the peace in the 19th act, Pari. 1, sess. 1, Car. II. And there seems to be good reason for it, seeing the best of drugs given to excess, either as to quantity or quality, and what- ever overpowers our nature, is poisonable. BOOK FOURTH. TITLE I. Of Scandals and Church Discipline in general. Of the method of proceeding with the Scandalous, and how Scandals are to he tabled before Church Judicatures. 1. We are not here to understand by scandal, a thing actually displeasing the party offended ; nor is it always to be judged by the matter, seeing offence in lawful matter may be taken, where it is not given, as in that eating and drinking men- tioned, Rom. xiv. Or in taking wages for preaching the gospel, 1 Cor. ix. Neither is it the pleasing of men that doth always edify them, nor the displeasing of them that doth stumble or scandalize them ; but scandal is something accompanying word or deed, with such circumstances as maketh that word or deed inductive to sin, or impeditive of the spiriual life or comfort of others. 2. Church discipline serves chiefly to curb and restrain the more peccant humours of professors, and therefore sins of infirmity, strictly so called, which are not in themselves so scandalous to others, should not be any part of the object thereof, otherwise its exercise might prove more molesting and offensive than edifying and sanative. Again, offences from disputable practices; or things indifferent, are not pro- BOOK FOURTH. 363 perly the object of church censure, because there is not a solid ground therefrom for thorough conviction of the party. Further, offences which the church may find cannot be proven, ought not to be prosecute, for thus her authority is much weakened, and neither is the offender edified. In the last place, though some gross scandals, (which are not public or flagrant,) may be proven by two or three witnesses, (especi- ally if it be against a person otherwise orderly,) yet he is not therefore to be cited to appear in public, except upon suppo- sition of his obstinacy to acknowledge the offence to those who knew and were offended therewith ; which method is agreeable to that of Christ's prescribing. Mat. xviii. for the removal of private offences. But, on the other hand, scan- dals should be taken public notice of, when they are of the'ir own nature gross and infectious. Next, when the offence be- cometh public, though at first it was not so, and when it is acccompanied with contempt of private admonition, or with frequent relapses therein. 3. Church discipline and censures are for vindicating the honour of Christ, that suffers in the miscarriage of any mem- ber. Again, they are inflicted on the church's account,for preserving of her authority, discipline being as the ecclesiasti- cal whip for that end, and for preserving her from corruption by the spreading of the leaven of profanity. Another end of church discipline is for the offenders' good, that they may be ashamed to the destruction of the flesh, and saving of the spirit in the day of the Lord Jesus, 1 Cor. v. 5, act 11 As- sembly 1707, cap. 1, sec. 3. ' 4. The same offences upon the matter are not to be pro- secute at all times, nor against all persons^ and in all places, in the same manner : thus we see the Apostle Paul in some cases censuring corrupt men, as Hymeneus and Philetus, 1 Tim. i. 20. Sometimes he threatenetb, and yet spareth^ although the scandal did merit censure. Gal. v. 12, he saith' " I wish they were cut off that trouble you ;" yet he cuts theni not then off, because he found not the present circumstances of the church to require it. See also 2 Cor. x. 6, where he saith, " Having in a readiness to revenge all disobedience, when your obedience is fulfilled ; therefore it ought not al- ways to be accounted partiality, when such differences in church procedure are observed ; providing nothing be done with respect of persons, on civil or natural accounts ; and also, providing the difference be rather in the manner and cir- cumstances of proceeding against some offences, (especially 364 BOOK FOURTH. if they be such where no rule how to proceed against them is fixed,) than in dispensing with what seemeth to be ma- terial. 5. The order prescribed by onr Lord Jesus Christ, Mat. xviii. for repairing and prosecuting of private offences, im- plies, first, That whether they be in lesser particulars, or in greater, yet if known to be but a few, they are not instantly to be brought to public, (except some circumstance necessi- tate the same for greater edification,) which order ought to be observed by ministers, elders, and private persons, act 11, Assem. 1707, cap. 2, sec. 1. It implies further, That when the persons offending doth accept of a private admonition, there is then no more mention to be made thereof. Again, if that private admonition prevail not, then the person of- fended is purposely and seriously to take two or three with him, for the further reclaiming and admonition of the of- fender, before it come to the church, which may be fitly done at ministerial visitation of families. Moreover it implies, if this hath not the desired eff'ect, then is the oflfence to be de- lated unto the church session ; and when it is brought there, it were fit, that some who had been witnesses to the private admonition, were brought with the parties, to inform the ju- dicature, and instruct that the offender hath been seriously admonished in private, but without success : therefore it is convenient that the witnesses to the private admonition be members of the session. In the last place, we may draw from this order, that if the sessional admonition have weight with the offender, so as to reclaim him, and satisfy those he had scandalized, there is no need for rebuking him before the congregation, except the forbearing a congregational re- buke may hazard the infection of others, and encourage them to follow the offender's practice. 6. One is obstinate when he doth refuse either to hear private admonition, or doth decline to appear and answer be- fore church judicatures, after a third citation, either person- ally apprehended, or a copy thereof left at his dwelling house; but one citation given apiid acta, is peremptory, and disobe- dience thereunto may infer contumacy likewise, act 11, Assem. 1707, cap. 2, sec. 4, 5. In the next place it is con- tempt in one, when appearing, to justify his offence, or deny it when evidently proven. It is also contempt, when one acknowledges his offence, but with a proud and insolent be haviour ; or, who useth haughty, reflecting, or irreverent ex- presssions ; such an offender doth thereby vilify the ordinance BOOK FOURTH. 365 of Christ more than if he had made no compearance at all. Lastly, it may be constructed a not hearing of the church, when one continues to commit the same sins, notwithstanding of his serious-like penitence for the same. 7. Every verbal acknowledgement and promise of amend- ment, ought not always to be so satisfying as to sist process ; for notwithstanding of all that, the offender's gesture when compearing, his expressions elsawhere, and his common walk and conversation, may convince the judicature that he is but a mocker ; on the other hand, church officers ought not to de- lay the removing of an oflfence, till they be satisfied that the offender is sincerely and graciously penitent, for that would engage church judicatures to decide as to the state of some souls, which is bold for them judically to dive into, and when all is done, impossible to arrive at any certainty about it. It is to be noticed, that in church discipline, a difference is to be made between what is satisfactory unto a church judicature, so as to admit the offender unto all church privileges, as if the offence had never been ; and what may be satisfying, so as to sist procedure for the time. Upon the confession of Simon Magus, Acts viii. 24. it is not probable that as he then did thereby prevent excommunication ; so upon it, it is not pro- bable, that he was thereupon immediately admitted into church communion. There is requisite then in the offender, who intendeth to have access to church privileges, a sober, serious acknowledgment of the offence, with the expression of an unfeigned like purpose to walk inoffensively, and especially to watch against relapses; and if there appear no ground for hindering the judicature to esteem the offender one, who purposeth as he expresseth, they should accept of his expres- sions as satisfactory. 8. By the act of Assembly 1596, ratified 1638, it is ap- pointed, that none falling into public slanders be received into the fellowship of the kirk, except the minister have some appearance and warrant in conscience, that he haih both a feeling of sin and apprehension of mercy, and for this effect, that the minister travel with him in doctrine, and in private instruction, to bring him hereto, and especially in the doc- trine of repentance, which being neglected, the public place of repentance is turned into a mock. By the 4th act of As- sembly 1705, they do appoint and ordain (with respect to scandals, the grossness whereof makes it necessary to bring the persons guilty oftener than once before the congregation) that after such persons are convict before the session, it be ju- 2 E 366 BOOK FOURTH. dicially declared unto them, that they have rendered then>- selves incapable of communion with the people of God in seal- ing ordinances, and that they be appointed to appear in pub- lic to be rebuked for their sin, whether they appear penitent or not, conform to the divine institution, 1 Tim. v. 20, and it is referred to the respective church judicatures concerned, to determine how often such delinquents shall appear in public : and they ordain, that after a public rebuke, the minister and elders be at further pains in instructing the minds of the scan- dalous, and that the session upon satisfaction with their know^- ledge, and sense of their sin, do admit them to public profession of their repentance, in order to absolution. But if, after tak- ing pains on them for some competent time, they still remain grossly ignorant, insensible, and unrefornied, the session is to advise with the presbytery ; and if the presbytery shall see cause that then the sentence of the lesser excommunication be pronounced against them in face of the congregation, from which they are not to be relaxed, nor admitted to m;ike pub- lic profession of their repentance, in order thereto, till the session be satisfied with their knowledge, seriousness, and re- formation. 9. By the 11th act of Assembly 1707, cap. 3, in offence?, snch as swearing, cursing, profaning of the Lord's day, drunkenness, and other scandals of that nature, ordinarily the guilt for the first fault would be spoken to in private by the minister or an elder, and on promise (from a sense of guili) to amend after admonition, they may sist there ; but if the person relapse, he should be called before the session, and if found guilty, may be there judically rebuked, where the ses- sion on promise, from a due sense to amend, may again sist ; but if the person amend not afteV that, the session should orderly proceed, unless repentance appear, and due satisfac- tion be offered, till they inflict the censure of the lesser ex- communicat'on. 10. Perhaps an oflfender may make such satisfying acknow- ledgments for his scandal, that the judicature cannot but judge them sufficient to remove the same, but only he refuses to appear in the acustomed place, where scandalous persons do publicly profess their repentance ; in which case, I am sure that formality and circumstance of a fixed place is not of such moment, as to bear the stress and weight of one satis- fying the church. For the apostolical order, 1 Tim. v. 20, joining all who have offended, publicly to be rebuked before all, is sufficiently answ ered by their receiving a public rt- BOOK FOURTH. 367 buke for their scandal, in the usual place and seat where they hear the word preached, and that without putting of their person under arrest in some certain place, for some time. 1 1. The key of doctrine differs from the key of discipline, thus ; the first doth only absolve a sinner upon the condition of saving grace, but the other doth absolve upon an outward serious profession of repentance ; by the one, men's faults are only reproved, bat by the other, particular persons are by name reprehended. Though a person bo guilty of some al- leged scandalous sin, yet a minister cannot, in public, give him an ecclesiastic rebuke for it, without the previous trial, and thereafter the sentence of a church judicatuie, other- wise he usurpeth their authority, and sheweth more of him- self than of respect to church order and edification. Indeed I confess a minister may sometimes very consequentially from his text reprove such sins and their aggravations, as may make impression upon all the hearers, tbat the application does agree with such circumstantiate sins, whereof they know such persons to be guilty. In which case, the reproof is to be regarded as coming from the word of God : but if there must be a plain deviation from the text, before the preacher can g«t that sin then reproved, in that case it looks somewhat like a design, and cannot but be feared it may want its due authority. Now a minister may easily prevent this, if he shall but choose those texts which point, without any vio- lence, against such sins. 12. At the offender's first appearance, he is to acknowledge himself guilty of the sin for which he is to be rebuked. Again, he should edifyingly declare his sorrow for it before absolution, that the congregation may the more cordially re- admit him into their communion. But much or oft speaking is to be demanded or allowed, as it may be found most edify- ing : yet all recantations of errors are always to be made ex- plicitly, A public rebuke ought to be so managed, that there be no ground given for constructing it a penance, punishment, or mark of reproach, but the minister is to carry therein, as one much affected and afflicted with the sin : he is to behave authoritatively, having words fitted for edifying the congregation, and humbling of the offender. And that the authority and solemnity of the rebuke may have the deeper impression on all, it were fit that God were addressed in reference thereto, either before or after the rebuke. 13. Matters may fall under the cognition of church judica- 368 BOOK FOURTH. tures several ways ; as, first, by accusation, vphen a party formally appeareth. as an accuser, and is content inscribere in crimen, that is, to bind himself to underly the same censure, (he not proving the accusation) which the defender would liave merited had the libel been proven. If, upon trial, there be found any presumptions of guilt, or, if it appear that there was a,/ama clamosa for what is libelled, the pursuer in that case ought not to be repute a calumnious accuser, even though he succumb in his probation. No infamous person can be admitted an accuser. Infamy, by Matthoeus de Critnini- htis, IS defined, '*lgnominia seu existirriationis Isesio, quae quis virorum honestorum numero eximitur." Neither are such as are contemners of church authority, or who have been in former pursuits rash and calumnious, to be admitted accusers, A formal accuser is not necessary when the offence is public. If a party cited, either upon accusation, or order of the judi- cature, be found innocent and acquitted, those who inform them thereof, whether the party require it or not, ought to be noticed, either for their calumny or impudence, as they shall find cause, act 11, Assembly 1707, cap. 2, sec. 8. 14. An accusation, though unduly given, should have this eflPect, as to prompt the judicatory to enquire and search into the truth of the things represented ; this gives no allowanco to search and pry into faults ex levibus conjecturis ; but the warrant for it should be founded upon/awa publica, clamosa^ etfrequens. A delation is a verbal information or intimation made against some persons, for faults and offences, unto the members of a church judicature. By the canon law, an in- former or delator doth differ from an accuser in this, that he is not obliged inscribere in crimen ; neither incurs he any penalty although the information be not proven; and by the 11th act, Assembly 1707, cap, 2, sect. 10, the informer may be a witness, except in the case of pregnant presumptions of malice against the person accused, or where he formerly com- plained for his own interest. Many times offences and scan- dals are discovered to church judicatures, by the exceptions or objections proponed by parlies against each other; I con- fess, there useth to be too much liberty taken for recrimina- tions in processes, which at any other time were more inex- cusable. 15. When persons guilty of unt'leanness live in different parishes, the process and censures against them are to be be- fore that session where the woman liveth, or where the scandal is most notour. If the uncleanness be committed where BOOK FOURTH. 369 neither party resides, as i>erhaps in the fields, or in 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 committed, and the scandal be most fla- grant where it was committed. The session, where the sin is to be tried and censured, is to acquaint the other session where any of the parties reside, who are, ex debitor to cause summon them to compear before that session where the scandal is to be tried. Church sessions are not to enter upon processes for uncleanness, where there is not a child in the ease, unless the scandal be very flagrant. For, upon the one hand, manv of these actions, which give occasion to the raising the scandal of uncleanness, are such as are not them- selves alone publicly censurable, but are to bo past by with a private rebuke ; yet, on the other hand, some of these ac- tions, which come under the name of scandalous behaviour, may be so lascivious and obscene, and clothed with such cir- cumstances, as may be as oflensi'.'e and censurable as the act of uncleanness itself, act II, cap. 4, Assembly 1707. TITLE II. Of the Transaction, and Prescription of Scandals. 1. Though a party who commenced a process of scandal, doth disclaim or renounce the same, yet the church may pro- ceed ; for transactions between parties cannot take away the church's interest in removing off'ences; yea, even though a party hath been dismissed for a time, through want of pro- bation, if ii shall afterwards emerge, the process may there- upon be wakened. 2. By the llth act, Assembly 1707, cap. 1, sec, 4, the se- veral judicatures 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 space of five years, it should not be again revived, so as to enter in a process thereanent, (unless it be of a very heinous nature, or become again flagrant) ; but the consciences of such persons ought to be serio isly dealt with in private, to bring them to a sense of their sin and duty. And for the same reason, per- sons who have resided in parishes, for the space foresaid, should not ordinarily be challenged for want of testimonials. When nothing hath been objected by the members of presby- teries or sessit)n5, against any of the ministers or elders, at .37(J BOOK FOURTH. the privy censures of these respective jndicatares, the mem- b<^rs therea^^ter ought not to be heard in their accusations against one another, for any thing that was committed before the last privy censure. And neither should the people be heard in their accu^ations against any of their ministers or elders, or any of the ministers or elders against one another, for anything that was committed prior to the last presbyterial visitation of the parish; because then it was the season, and hour of cause, to have propalled it, if private methods had not succeeded for removing the same ; and the insisting, after such an omission, is rendered most susp cious, unless satisfying reasons be given for it. See cap. 7, sect. 9, of the forecited act of Assembly. TITLE III. 0/ Libels, Probation, and Citation. 1. A libel is a law syllogism, consisting of the proposition or relevancy, which is founded upon the laws of God, or some ecclesiastical constitution agreeable thereto, as, whosoever is absent from public divine service on the Lord's day, ought to be censured. The second part consists of the subsumption or probation, which condescends on matter of fact, viz. but such a person did, upon such or such a Lord's day, absent unne- cessarily from the public worship of God. The third part consists of the conclusion or sentence, which contains a de- sire, that the profaners of the Lord's day, according to the laws and customs mentioned in the first part, may be cen- sured. 2. By cap. 2, sec. 7, act 11, Assembly 1707, the modera- tor is to inform the offender appearing, of the occasion of his being called, and to give him, if desired, a short note thereof in writing, with the names of the witnesses that are to be made use of against him, that so he may be prepared to de- fend himself, which is agreeable to the common principles of justice and equity. The libel must condescend on time and place, when and where the facts and offences libelled were committed, that so the offender may not be precluded from proving himself to have been nbsent, and so impossible for him to have done such a deed, or so offended, at the time and place libelled. 3i The relevancy of the libel is the justness of the proposi- tion, whctfjer the matter of fact subsumed be proven or not; and therefore, if the thing offered to probation be obviously BOOK FOURTH. 371 irrelevant and frivolous, it otight to be rejected and not ad- mitted to proof. For nothing is to be admitted by any church judicature 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, as said in cap. 1, sec. 4, forecited act. Although one article of the Whel, per se, be not relevant, yet if three or four articles conjunctim be relevant, the same may be admitted to proba- tion. The relevancy of a libel is so much to be regarded, that, I think, it is unlawful for any to be either witnesses or members of inquest upon irrelevant libels. What ? Is not this to be a ** witness against thy neighbour without cause," Prov. xxiv. 28. It was a truth that Abimelech the priest gave hallowed bread, and the sword of Goliah to David ; yet it was a bloody sin for Doeg the Edomite, to inform the wicked King against the Lord's Priest, 1 Sam. xxi. and xxii. It was a presbyterian minister's duty to preach the Gospel under the late persecution, secretly and cautiously, to honest hearers at their desire ; yet it would have been a Doeg-like sin, to have witnessed the truth in that matter before our then judges, seeing by the 8th act of Pari. 1685, it was death for such, even to preach in houses. What is here said against such witness-bearing, strikes with as much force against the members of inquests finding such irrelevant libels proven ; for though it was both true, what the one witnessed, and the other found, yet I would be afraid, if I were in their case, that before God I should be condemned as accessory to the shedding of innocent blood. Before the witnesses be judicially examined, the accused party is to be called, and the relevancy of the libel discussed, sect. 10, cap. 2, act fore- said. But in causes intricate and difficult, the discussing of the relevancy may be delayed till probation be taken : and then, greater light being thereby given, both relevancy and probation may be advised jointly, as the Lords of Session and Privy Council have oftentimes done. 4. When the libel is read, the defender sometimes pro- poseth a defence, which, if admitted and proven, exculpates and clears him from the fault libelled, either in whole or in part, as, if the libel be murder, and the defence inculpata tutela J or, if the libel be adultery, at such a time and place, atid the defence be alibi. But the party accused must, be- fore probation, offer the grounds of exculpation to be proven by witnesses ; in which case, the moderator and clerk, if re- quired, are to give warrant to cite witnesses upon the parties' o,2 BOOK FOIRTH. charges, the relevancy of the offered exculpation being fiist sustained by the judicature : and if the exculpation be fully proven, all further proof of the libel must there sist. Put if the substance of the scandal be once proven, there can be no place for exculpation, unless it be as to some extenuating circumstances, not contrary to, but consisting with the depo- sitions already taken. J. Probation is that, whereby the judge is convinced that what is asserted is true ; and he must bo convinced, either bv confession or oath of party, or writ, witnesses, or pre- sumptions, as follows : Probation by confession, if judicial, is the strongest of all probation ; but if men confess a crime, rather from weariness of, or aversion to life, than from conscience of guilt ; or, if there appear any signs of distraction' or madness, then such confessions ought not to be rested upon, except they bo adminiculate with other probation. Confessions before a church judicature are not rested upon before civil courts, except they be renewed before themselves ; and so it is t contm, for men may incline to confess thii>gs before church judicatures, knowing that church discipline is ** mediciua, non pcvna," or " ob levamen conscientiiv," which ought not to be discouraged : whereas they may deny the same fault, and resile before the civil judge, for fear of corporal punishment. (>. An oath of calumny may be exacted of either party, whoroby they swear that they believe or judge, that the points they insist on, are both just and true, and they will be holdeu as confessed, if they refuse to depone when required. By an oath of verity, or for contirmation, the swearer posi- tively atlirmeth by his oath, that what he asserteih is true; and it IS th:» only oath sworn by a party which can terminate the plea atul strife. Put by an oath of credulity, the swearer doth not assert the verity of the matter, but the verity oi' his belief of the matter, which only terminates the plea in so far as to exclude him who sweareih, from insisting on these points contrary to his own belief or persuasion. See Stair's Instit. \\ 69S, 701. 7. If the delated father of a child, after private conferences, do still deny, then the session is to cause cite him to appear before them : if ho persist in his denial, when compearing, he is to be confronted with the woman, and the presumptions held forth as particularly as possible : and if after all this he deny, though the woman's testimony can be no sullicient evi- dence against him, yet pregnant presumptions, such as, BOOK FOURTH. 373 suspicious frequenting her company, or being ** solus cum sola, in loco suspecto,'' or in suspected postures, and such like, which he cannot disprove, may so lay the guilt upon him, as to shew him, that there appears no other way of re- moving the scandal, but his appearance to be publicly re- buked therefor ; if he will not submit himself to be rebuked, it is safer that a true narrative of the case be laid before the congregation, and intimation given, that there can be no furtlier procedure in the matter, till God in his providence give further light, than that an oath be pressed, and upon refusal, proceed to the higher excommunication. But if the person accused do offer his oath of purgation, and crave the privilege thereof, the presbytery may allow the same, the form whereof may be as follows. 8. 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 heavy slander, being reputo as one guilty of that sin : I, for ending the Siiid 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 I call the great God the Jud^e and Avenger of all falsehood, to be witness and judge against me in this matter, if I be guilty ; and this I do by taking his blessed name in ray mouth, and in 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 matter, and my own innocence, as 1 shall answer to God in the last and great day, when I shall stand before him, to answer for all that I have done in the flesh, and as I would partake of his glory in heaven, after this life is at an end. 9. But this oath is not allowed 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 indeed remove the scandal and sus- picion ; in all other cases this oath is in vain, and so should not be admitted, and never but by advice of the presbytery. It is to be taken either before the session, presbytery, or con- gregation, as the presbytery shall determine. And if it 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 rar.y be obliged to be present in the congrega- tion, and may be put publicly to own his purging himself by 374 BOOK FOURTH. oaih, and thereupon be declared free from the alleged scandal. AH what concerns this oath, is recommended by cap. 4, sect . 6, &c, of the forecited act of Assembly. 10. After an end is made, as above, with the person de- lated as father, the woman is to be dealt with to give the true father ; and if after all serious dealing and due diligence, she give no other, she is to be censured according to the quality of the oflFence confessed by her, without naming the person delated ; the judicature reserving place for further censure, upon further discovery. 11. If a person do voluntarily confess uncleanness where there is no child, and the case be brought to the kirk-session, they are to enquire whether it floweth from disquietness of mind, or from sinistrous design; as when a man suing to a woman for marriage, is denied, but spreads the report that he hath been guilty with her. If it be found that there is no ground for the confession, 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 ac- cording to law : see that forecited 4th chapter of the act of Assembly. 12. It is rare to prove a scandal by writ, but yet it may happen so to be proven, and the want of the writer's name and witnesses, ought to be no objeetion in church courts against writs, more than in bills of exchange. If one denieih that to be his subscription, it is hard to sustain its being proven to be his per comparationem literarum, which is but a presumption, and men's hands may be sometimes so artificially imitated, that it shall be hard to discern which is which ; besides, one man's writ may differ from itself at several occasions. 13. Probable presumptions, and many concurring, may do much to prove, especially in such things which rarely can be proven with ordinary clearness. The presumption ot cohabi- tation, after the parties are discharged, is sufficient, as may be seen on that title, to infer adultery ; also, cohabitation, and behaving as man anJ wife, for some considerable time, pre- sumeth marriage ; and the depositions of witnesses, are some- times founded upon presumptions, as when they depone upon things which depend upon acts of the mind, as, ebriety, and dolus malus. But when a libel is only proven by pre- sumptions, it is not safe to pass the ordinary censure there- upon, as if it had been proven by unexceptionable witnesses and full probation. BOOlt fOURTtf. 375 14. Witnesses may be cited on fewer days than parties. The diligence against them may run in this form, viz., Mr. A. B. moderator, &c. Forasmuch as pursuer, &c. having applied to us for diligence to cite \vitnesses in the said matter, in manner and to the effect underwritten : Therefore we require you, that upon sight hereof, ye pass and lawfully summon personally, or at their dwelling places, to compear before us within the kirk of upon the day of in the hour of cause, with continua- tion of days, to bear leal and soothfast witnessing, upon the points and articles of the said process, in so far as they know, or shall be enquired at them ; with certification as efFeirs. And this our precept you are to return duly execute and indorsate. Given, &c. by warrant &c. If witnesses refuse, after three citations to compear, then they may be proceeded against as contumacious ; or, if judged needful, after the first or second citation is disobeyed, application should be made to the civil magistrate, that he may oblige them to appear; see that 9th sect. cap. 2, of that frequently above cited act of Assembly. 15. In church judicatures, women and minors past fourteen years of age, are received witnesses. If the defender ap- pear, he may object against any of them, and if the objection be relevant, and made evident to the judicature, the wit- nesses are to be cast. For which, see the same act. The objections of infamy, or enmity, are relevant to cast any witness ; but the design of church courts being ad tollendurn scandalum, et ad eruendam veritatem, they will sometimes re- ceive witnesses, cum nota, against whom some common and general objections have been made, reserving to themselves to consider how far they will make use of their testimony at advising the sufficiency of the probation. 16. Witnesses are to be sworn thus, lifting and holding up the right hand : They swear by God, and as they shall answer to Him, they shall tell the truth, and nothing but the truth, concerning the articles and points of the present process, in so far as they know, or shall be asked. Which oath the moderator is judicially to administer, and though there be no relevant objection against the witnesses, yet they are to be solemnly purged of malice, bribe, or good deed, done or to be done, and of partial counsel, by which some understand prompting or consulting for making of the process. The witnesses are to be sworn and examined in presence of the accused party, if compearing, and he may desire the modera- 376 BOOK FOURTH. tor to propose such questions, or cross-questions, to the witnesses, as may tend to his exculpation, which, if the judicature think pertinent, are to be proposed. The initialia testimoniorum, such as their age, married, or unmarried, or toluti, that is, widows, and the like, arc proposed, that the deponent's veracity may by these be traced. If witnesses cannot subscribe their names to their deposition, the clerk is 10 mark, that they declare they cannot write, and the mode- rator is always to subscribe the same, whether they can write or not. If they can but subscribe the initial letters of their names, they should do it, and the clerk is to write about their mark thus, (Adam A. B. Bruce his mark.) 17. A singular witness is one that hath no concurring witness. The singularity is either, obstativa, which is, in a crime, not reiterable; as if one should depone, that a man was murdered at one place, and another depone he was murdered at another place. Again, there is a singularitas Kidminiculativa, which is, where the witnesses do not concur in their depositions ; yet they are not contrary, but the one assists the other, as in the proving that a horse was stolen, one should depone that he saw the thief go in without a horse, and another saw him take the horse. In the third place, there is a singularitas diver sificativa, when witnesses depone different acts in a crime, w hich is reiterable ; as if one witness depone upon an adultery, committed at one time, and another of an adultery committed at another time. Is that person's being guilty of adultery, sufficiently proven ? 18. Of things notour, there are some which cannot bo proven, and yet are true, as such a man is another's son ; other things can be proven which are facti permanentis, such as, that there is a palace or fountain in such a town, sed notorium non indiget probatione. Again, there are things notour, which need no probation, which are facti transeuntis, as that such a person did publicly commit murder. Although judges cannot be both judges and witnesses, yet he is a "wit- ness and a judge too of what he sees and hears in judgment, for these are counted as notour : See Stair's Instit. p. 704. 19. It is repugnant to the laws of God and man, to con- demn any that is absent or unheard, unless his absence pro- ceed from hia own fraud or stubbornness : therefore, in order to a due hearing, citations must be given to parties con- cerned, in writing, especially if they be called before presby- teries, and other superior judicatures of the church ; see the 2nd cap, of the forecited act of Assembly. The citation BOOK FOURTH. 377 must bear, 1. The judicature before which the person cited is to appear. 2. The name of the pursuer (if the party be not cited by order of the judicature.) 3. The name of the defender. 4. The cause for which the person is cited. 5. The place where compearance must be made. And lastly, The time when they must compear. And this is to be observed, that all parties and witnesses cited before church courts, are to be designed in these citations, as they are or may be commonly in all other writs. If they be residing within the parish, they may be cited upon forty-eight hours advertisement. 20. It hath sometimes been practised, to cite parties even when out of the country, a particular instance vvhereof is, the commission of Assembly 1644, caused cite some Scots, then about Oxford in England, (for emitting a malignant de- claration) at the market-cross of Edinburgh, pier and shore of Leith, to appear before the then next ensuing General Assembly, upon sixty days warning, counting from the day of the citation. 21. If the persons be charged with scandal, who live within the bounds of another parish, the kirk session of that parish where that person resides, should be desired to cause cite them 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 judicatures of the church, 22. Citations are called dilatory for the first and second, that the party may appear ; and the third, or one given apud acta, is called peremptory, wherein the judicature cerufies the person cited, that ihey will proceed to the cognition of the cause, though fie appear not, or that they will proceed against him as contumacious. If the person do not compear upon this peremptory citation, and no relevant excuse there- for be proposed and sustained, the judicature is to proceed to take cognition, either by examining of witnesses, or by other documents, for the verity of the scandal, and that before they censure him for contumacy ; see cap. 2, sect. 6, of the fore- cited act. If any under process for scandal abscond, they should be cited first from the pulpit of the parish where the process depends, and where they reside ; and if they do not thereupon appear, they are next, by order of the presbytery, to be cited from the pulpits of all the kirks within their bounds, to compear before them ; and if they do not then appear, they are to be declared fugitives from church disci- pline in all the kirks within that bounds, desiring that if any 2 F 378 BOOK FOURTH. know of the said fugitives, they may give notice thereof, and the presbytery to sist there, until they get some further ac- count of these persons; see sect. 18 of the forecited cap. and act. This citation is commonly called edictal, and likewise takes place when the person to be cited takes methods to hinder a copy to be given in the usual way, or, when it is dangerous for the officer to travel to that place. 23. Sometimes the warrant for citing bears the libel, and then a full copy thereof is given, but sometimes it bears not the libel, and then the defender is cited to hear and see the informations against him, and must, when appearing, be treated as in sect. 2 of this title ; the form of which summons may run thus : Mr. A. B. minister, and remanent members of the church sestsion of to our officer, we require you, that upon sight hereof, ye pass and lawfully summon personally, or at his dwelling-house, to compear before the said session, within the session-house at the day of next to come, in the hour of cause, to answer to the information or libel against him, for the sin and scandal of laid to his charge : with certification &c., given at the day of by warrant of the said session, A. B. sess. elk. Besides the general certification of the church censures, which is the method ecclesiastic courts do take, to procure obedience to their orders, there are some proper certifications, as in trans- portation of ministers, and their edicts of ordination and ad- mission, of which alrendy in Book I. Now the copy of a summons may run thus: " I church officer of by virtue of an order directed from them, lawfully summons you to compear, &c. with certification, &c. conform to the principal warrant, dated at the day of This by warrant of the said session I give, before these witnesses, &c. A. B. officer. He is to return the summons execute in these terms, viz. upon the day of I church officer of past at the command of the within written order directed from the church session of and by virtue thereof, lawfully summoned the within mentioned personally appre- hended, and delivered to him a true copy of the said warrant, to compear before the said session, day and place within specified, to answer for the sin and scandal of laid to his charge, and made certification as is within exprest. This I did conform to the within written warrant in all points; before these witnesses, A. B. &c. And for the BOOK FOURTH. 379 more verification hereof, we have subscribed thir presents, at the day of &c. The execution must bear that either citation was given to the parly personally, as above, or left at his dwelling-house, with his wife, children, or servants, if the officer get entry, or by affixing a copy on the door, after knocking several times if he get not entry. If any man bind as cautioner for another that he shall undergo the discipline of the church, under a pecunial pain for the use of the poor, he should bind to the magistrate and not to the church. 24. When minors are conven-ed before church judicatures, their curators are not to be cited as before civil courts, though they may be acquainted therewith, that their pupils . may receive suitable advice and instruction from them. A minor, that is a male past fourteen, and a female past twelve years of age, may be called before church judicatures ; when guilty, as for pupils under that age, it will be rare if ever they be concerned as delinquents, except uhi malitia supplet tetatem, that is, where strength of nature is as far advanced in them as it useth to be in others of riper years. The con- clusion of all church process, being against the defenders themselves, none can appear for them ; nay, advocates are not so much as allowed to plead for compearing parties, ^ otherwise pleas would probably be more frequent and tedious too ; and the truth hath been many times expiscate by the countenance, behaviour, or expressions of parties themselves, which would have been concealed by advocates. In the MS. acts of Assembly at Edinburgh, 1575, they refuse to allow advocates to plead before them in a process of dilapida- tion, against the Bishop of Dunkeld, but ordains him to answer himself, and if he think fit may choose any minister to reason for him. When incorporations are cited, it is necessary they be allowed to answer by some commissioned from their body, who must be members of that society, or reside therein : if a burgh royal were cited, they would not be allowed to appear by bim who resides not among them, but only is one of their honorary burgesses ; and no party sustains great loss thereby, seeing they may advise with whom they please in drawing of answers, and the like. 380 BOOK FOURTH. TITLE IV. Of the vocational and personal Faults of 31 misters and Proba- bationers, how they are Censured, and of the method of pro- ceeding to Censure, and of Reponing them against these Cen- sures. 1. By the 132d cap. Pari. 8, James VI. non-residence is de- clared to be, when a minister resides not within the parish, but is absent therefrom, and from his kirk, and using of his office, for the space of four Sabbaths in the year, without a lawful cause allowed by the presbytery ; which non-residence is deprivation. By parity of reason the same pain may be applied against principals and masters of universities, who at- tend not upon their charges. The ministry is said to be mili' tia spiritualis, they are watchmen fixed by their superiors as sentinels at such posts, which, if they desert without warrant, all the order of the spiritual discipline is overturned. Agree- able hereunto is the act of Assembly 1596, ratified by As- sembly 1638, whereby it is appointed, that ministers not resi- dent with their flocks be deposed, according to the acts of the General Assembly, and laws of this realm, otherwise the burden is to lie on the presbytery, and they to be censured for the same. And by the 5th article of the same act, it is ap- pointed conform to the old acts of Assemblies therein men- tioned, that ministers reside in their own parishes, or at their ordinary manses. By the 4th chapter of the Policy of the Kirk, they who are once called of God, and duly elected by man, and have once accepted the charge of the ministry, may not leave their functions, otherwise the deserters are to be ad- monished, and in case of obstinacy, excommunicated. And by the MS. acts of Assembly at Edinburgh, 1570, it is appointed, that ministers at their public instalment, shall promise solemnly never to leave their ministry at any time thereafter, under the pain of infamy and perjury. Conform hereunto, in the 1st chap, article 14. of the French Church Discipline, ministers with their families, must actually reside in their parishes, under pain of deposition ; and by the 23d article, deserters of the ministry shall be excommunicated, if they do not repent, and re-assume the office God hath committed unto them. By the Assembly 1690, sess. 15, although ministers have received their ordination from foreign churches, yet if they have a standing relation to any charge in this church, they are not to remove out of the kingdom, without consent of BOOK FOURTH. 381 the respective judicatures of this church, otherwise they may he treated as deserters ; see the Ordination Engagements, Book I. If persecution be particular against one minister, in that case, it is generally thought, he may warrantably flee, "without being esteemed a deserter : but it will scarcely de- fend against desertion, when the persecution becomes general. A minister seems to be particularly tied to wait upon his charge in the time of a public calamity : and therefore the commission, 16th May, 1645, found that Mr Mungo Law, minister at Edinburgh, could not be spared from his charge, to attend the general's regiment, in respect of the fear of the infection in the city. 2. Supine negligence is, an habitual or customary neglect of some one or other of the pastoral duties ; but every escape cannot infer it, the pastoral ofl&ce being in some sense a burden too heavy for the shoulders of angels. By our law supine negligence is relevant to infer deposition, even as error, scan- dal, ignorance, and contumacy are ; see the act of Pari. 1690, settling the church government. And by the forecited act of Assem. 1596, it is appointed. That such ministers as be slothful in the ministration of the sacrament of the Lord's supper, be sharply rebuked ; and if they continue therein, that they be deposed. And by the act of Assem. June 13, 1646, among the enormities and corruptions of the ministerial calling, the following is mentioned, viz. idleness, that is, sel- dom preaching, as once on the Lord's day, or in preparation for public duties, not being given to reading and meditation, but only now and then, not like other tradesmen, continually at their work. 3. Dilapidation of benefices is, the deed of any churchman, whereby his rents are wasted, diminished, or altered to the worse from what they were. And the punishment is, dis- annulling of the deed, and deprivation to the grantor, James yi. Pari. 7, cap, 101. By that forecited act of Assem. 1596. it is declared, that dilapidation of benefices, demitting of them for favour or money, without advice of the kirk ; interchang- ing of benefices, by transaction, or transporting of themselves by that occasion, without advice of the kirk, are precisely to be punished. Such like, setting of tacks without consent of the Assembly, is to be punished as dilapidation. 4. Simony is the buying or selling of any spiritual thing, or of what is annexed thereto. The canonists describe it to be, " Studiosa voluntas, sou cupiditas emendi vel vendendi spiritualia, vel spiritualibus annexa." Thus simony may be 382 BOOK FOURTH. committed by making advantage of administering the sacra- ments : By James VI. Pari. 21, act 1, any condition made by the intrant with the patron, reserving to himself a sufficient maintenance, answerable to the state of the benefice, is de- clared not to be simony. In this crime, witnesses who are not very habile, or " omni exceptione majores," such as whores and infamous persons, may be admitted, and it may be proven by presumption or oath of party, according to the opinion of some lawyers, and all because it is ordinarily carried on with much privacy and clandestine dealing. " Ambitus" is " crimen mere ecclesiasticum," and not usually punished by laicks. By the forecited act of Assembly, 1596, it is provided, that none seek presentations to benefices without advice of the presby- tery ; and if any do in the contrary, they are to be repelled as rei ambitus. They further appoint that it be enquired, if any by solicitation or moyen, directly or indirectly, press to enter into the ministry ; and if it be found, the person so soli- citing, is to be repelled ; these three crimes, dilapidation simony, and ambitus, do often meet in one and the same per- son, and the crime is denominate from that which most pre- dominates in it. 5. By the 23d act of Assembly, 1696, it is recommended to all synods and presbyteries, that they advert to the many irregularities committed by vagrant unfixed ministers ; and presbyteries, where any difficulties occur, are to consult their synods before they proceed to censure. By the 27th act of that Assembly, they suspend one from the exercise of his ministry, because he exercised it in a vagrant disorderly way. And by the 18th act of Assembly 1701, presbyteries are ap- pointed to send in to the commission an account of such mini- sters, or preachers, as intrude into parishes, that application may be made to the government for removing them, that the kirks intruded into may be orderly planted. Assembly 1694, sess. 14, the Queen, by her proclamation, dated at Windsor, Sept. 20, 1708, in pursuance of several acts of Parliament, made in favours of the present church establishment, particularly the act 1695, against intruders, doth require and command, all such as have intruded upon churches or manses, to remove therefrom, and all magistrates and judges within their respec- tive jurisdictions, are to see the same executed, by decerning accordingly, and procuring letters of horning and caption thereupon to be directed in communi forma. By the Disci- pline of the French Church, cap. 1, art. 26, the minister that shall intrude himself, although ne were approved by the peo- BOOK FOURTH. 383 pie, is not to be approved by the neighbouring ministers or others, but notice must be given to the colloquy thereof, or provincial synod. And by the 55th article of that chapter, the names of vagrant ministers are to be proclaimed through all the churches. 6. By the foresaid act of Assembly 1596, ratified 1638, it is enacted, that such ministers as shall be found not given to their books, and study of the Scripture, not given to sanctifi- cation and prayer, that studies not to be powerful and spiri- tual, not applying the doctrines against corruptions, which is the pastoral work, obscure and too scholastic before the people, cold and wanting in spiritual zeal, negligent in visiting the sick, or caring for the poor, or indiscreet in choosing parts of the word not meetest for the flock, flatterers and dissembling of public sins, and especially of great personages in their con- gregations ; all such ministers are to be censured according to the degree of their fault, and continuing therein are to be de- prived. Item, such as be slothful in the ministration of the sacraments, and irreverent, or profaners thereof, by admitting the ignorant or profane thereto, and omitting the due trial of such as are to be admitted, or using but light trial or having respect in their trial to persons. All such ministers are to be sharply rebuked, and if they continue therein, are to be de- posed. Item, but if any minister be found a seller of the sacraments, he is to be deposed simpliciter ; and such as col- lude with scandalous persons, by overlooking them for money, do incur the like punishment. Item, all ministers, who neglect the due exercise of discipline, and continue therein after admonition, are to be deposed. 7. By the forecited act 1596, it is appointed, that such ministers as are light and wanton in their behaviour, as in gorgeous and light apparel, or in speech, or in using light and profane company, or that are guilty of dancing, carding, dice- ing, and the like, if they continue therein after due admoni- tion, shall be deposed, as scandalous to the gospel ; and agree- able hereto is the 34th canon Concilii Laodiceni, " Quod non oportet sacratos, vel clericos in nuptiis vel conviviis aliqua spectacula contemplari, sed priusquam ingrediantur Thymelici surgere et secedere debeant." Item, ministers found to be swearers, or banners, profaners of the Sabbath, drunkards or fighters, are to be deposed simpliciter. By the 27th and 42d of these canons, called apostolical, " Episcopum, vel presby- terum, vel diaconum verberantem fideles peccantes, aut infi- deles injuriam facientes ac per hoc timeri volentem, ab officio 384 BOOK FOURTH. deponi mandamus." And by the other canon, *' Episcopue, presbyter, aut diaconus, alese vacans, aut ebrietatibus, vel desis- tat, vel gradu suodejiciatur." Item, ministers that are detrac- tors, flatterers, breakers of promise, liars, brawlers, and quar- rellers, after admonition, if they continue therein, they are to be deposed. By the 53d canon, called apostolical, " Si quis clericus in caupona comedens deprehensus fuerit, a communi- onis sodalitate secernatur, prseter eum qui vitae necessitate diverit in hospitium." And by the 55th canon Concilii Laodi- ceni, " Quod non oportet sacratos vel clericos, ex collatione, convivia peragere, sed neque laicos." And by the 43d canon, Concil. Carthaginen. " Ne in caupona versentur clerici, nisi hospitio accepti. Ut clerici comedendi, vel bibendi gratia, non ingrediantur, nisi hospitii necessitate compulsi." By our law, (vid. tit. 13. book. 3.) the haunting of taverns at un- seasonable hours therein condescended upon, is equally pu- nishable with drunkenness. So that a minister's drinking temperately in change-houses, though with good company, (but at forbidden hours) will not defend him against the pu- nishment of drunkenness. Item, ministers are not to take usury, and if they continue therein, they are to be deprived. By the 44th of these canons called apostolical, " Episcopus, aut presbyter, aut diaconus, usuras exigens a debitoribus, vel desistat, vel ordine mulctator." Item, ministers given to un- lawful trades and occupations, for filthy gain, such as, keeping of inns, bearing of worldly offices in noblemen and gentle- men's houses, merchandise, and such like, buying of victual, and keeping it to the dearth, and all such worldly occupations, as may distract them from their charge : All such are to be admonished, and if they continue therein are to be deposed. By the 6th of these apostolical canons, " Episcopus aut presby- ter, aut diaconus seculares curas non adsumat, alioqui depon- atur." And by the 20th canon, " Clericus se fidei jussionibus implicans gradu suo dejiciatur." Calderwood, in his History, p. 438, acquaints us, that by acts of Assembly ministers are prohibited to join with their ministry, the office of a notary, husbandry, or hostilary, &;c. under the pain of deposition. In the MS. acts of Assembly 1572, the regent desiring some learned ministers to be planted senators of the college of jus- tice, the Assembly finds that none were able to bear both the said charges. The Assembly 1643, (in the index of their un- printed acts you may find some of it,) considering that Mr William Bennet, minister at Ancrum, did vote in the election of a commissioner to the convention of estates from the shire BOOK FOURTH. 385 of Roxburgh, as one of the barons and freeholders there, they do recommend it to him to abstain from civil courts and meet- ings. As also, they understanding, that Mr Andrew Murray minister at Ebde, had come to succeed to the Lord Balvaird, they appoint him to exercise his calling of the ministry, and to reject such temporal honours during his own life, as being incompatible with that calling, and very good reason that the lesser and least useful should cede to the greater and better work. Item, By the forecited Assembly, act 1596, ratified by the Assembly 1638, all their members are discharged from attending the court, and affairs thereof, without the advice, and allowance of their presbytery : And that they intent no civil action without the said advice, except in small matters. Calderwood, in his history of Assembly 1600, saith to this purpose, " Qui ambulat in sole coloratur, qui tangit picem inquinatur, qui frequentat aulum et curiam profanatur ; forum pontificis Petrum ad abnegationem Christi adegit quae est corporum constitutio, ea est et morum, circumposito acre calido calescimus, et rursus frigido frigescimus ; cum Sanctis sanctus eris, cum perversis perverteris." Item, ministers are to use godly exercises in their families, such as teaching of their wives, children and servants, in ordering prayers, reading of the scriptures, and such like other points of godly conversa- tion : wnoever be found negligent therein, after due admoni- tion, are to be deposed. Item, ministers that are not spi- ritual, and profitable in their ordinary converse, are, upon due trial, to be sharply rebuked. Item, no minister is to counte- nance or assist a public offender challenged by his own mini- ster for his public offence, or to bear with him, as if his own minister were too severe upon him, under pain of admonition and rebuke. 8. The General Assembly, by their act 13th June 1646, provide the following remedies against the evils both in the calling and lives of ministers, and appoints them to be ob- served : Imprimis, None are to be taken in to be a helper, or second minister, but such as are able for the same cnarge. Item, That presbyteries be faithful in the trial of intrants, and in loving admonitions one o^ another secretly, and that absents from synods and presbyteries, be censured. Item, the moderators of presbyteries are to see the godly conference be entertained at presbyterial meetings, even in the time of their refreshments. Item, ministers are to have more fre- quent converse among themselves, for strengthening one an- other's hands, and begetting and cherishing of friendship, and 386 BOOK FOURTH. removing of misconstructions. Item, ministers are to cherish weak beginnings in the ways of God, and courageously oppose all revilers and mockers of the godly. Item, Silence, or am- biguous speaking in the public cause, and not speaking against the corruptions of the time, are to be seasonably censured ; and such as mock upbraid, or threaten, stop or disturb minis- ters for freedom in preaching, and the faithful discharge of their conscience, are to be processed ; see Assembly 1648, ses8. 26. 9. A presbytery is not to proceed to the citation of a minis- ter, 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, at least under pain of being censured as a slanderer. This informer or accuser ought to be of good report ; for it were of dangerous consequence to admit every body to accuse. By the 21st canon Concilii Chalced. *' Clericos vel laicos, episcopos aut laicos accusantes, non indiscriminatim, nee citra inquisitionem, admittere ad aceusationem, nisi eorum existi- matio primo examinata fuerit." Yet presbyteries may pro- ceed against ministers, when a fama clamosa of the scandal is so great, that for their own vindication, they find themselves obliged to begin the process without any particular accuser, after they have enquired into the rise, occasion, broachers, and grounds of the said common fame. 10. After the presbytery has considered the libel raised against the minister, then they order him to be cited to get a full copy, with the list of the witnesses names to be led for proving thereof, and a formal citation is to be made in writ, either personally or at his dwelling house, bearing a compe- tent time allowed to give in answers unto the libel, and his just defences and objections against witnesses, at least ten free days before the day of compearance, and the citation should bear the date when given, and the names of the witnesses to the giving thereof, and the execution bearing its date, with the names and designations of the witnesses, should be made in writ, and signed by the officer and witnesses : which being accordingly returned, he is to be called. As to the form and manner of citations, it is not to be understood as a privilege restricted to ministers only, but !|,it is to be extended to all who are convened before church judicatures, with little dififer- ence, as has been observed on title citations. 11. If the minister compear, the libel is to be read unto him, and his answers thereunto are to be read, in order to the BOOK FOURTH. 387 discussing of the relevancy. If the libel be found relevant, then the presbytery is to endeavour to bring him to a confes- sion : if the matter confessed be of a scandalous nature, such as uncleanness, or the like, the presbytery, whatever be the nature of his penitence, are instanter to depose him ab ojicio, and to appoint him in due time to appear before the congrega- tion where the scandal was given, and in his own parish, for removing the offence, by the public profession of his repent- ance. 12. If a minister 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 instanter with the lesser ex- communication ; but if after some time he do not subject him- self to the censures of the church, he may be proceeded against till he be censured with the greater excommunication. 13. If a minister accused do appear, and deny the fact, after the relevancy is found, the accused is to be heard object against the witnesses, and allowed to be present at the exami- nation, and modestly to cross-interrogate. If after consider- ation of the reputation, hability, and depositions of the wit- nesses, the judicature shall find the scandal sufficiently proven, they are to proceed to censure, as in the case of confession. 14. If the errors be not gross, and striking at the vitals of religion, or if they be not pertinaciously stuck unto, or indus- triously spread, with a visible design to corrupt, or that the errors are not spreading among the people, then lenitives, ad- monitions, instructions, and frequent conferences, are to be tried in order to reclaim. And unless the thing be doing much hurt, so as it admits of no delay, the synod or General Assembly are to be advised with, and the reference intimated to the minister concerned, which is agreeable to the 12th act of Assembly 1694. And by that act all the judicatures of the church are forbidden to censure any minister whatsoever for not qualifying themselves in the terms of the act of Parlia- ment, by taking the oaths to the civil government. It is true, that appointment continues only till the next Assembly ; but the same reason for making that temporary, may make it a perpetual act. 15. If the libel against a minister be for a multitude of smaller things laid together, the presbytery in proceeding therein are to make a presbyterial visitation of that minister's parish. And if they find these things laid to his charge, to 388 BOOK FOURTH. have been committed since the last visitation, or find a satis- fying reason wherefore they were not then tabled, they are to enquire how far the minister hath been guilty of giving oflfence, after he was acquainted that offence had been taken at these things he is charged with : it should be likewise enquired, if any of the complainers did first in a private way inform any of the neighbouring ministers of these things now publicly complained of? and the presbytery is to judge accordingly. If they find upon trial, the complaint to resolve on the minis- ters having committed such acts of infirmity or passion ; as, considering all the circumstances, may be either amended, and the people satisfied, and that the offence was taken by the minister's own people, only or mainly, then the presbytery is to take all prudent ways to satisfy and reclaim both minister and people. 16. By the 4th act, sess. 2, Pari. 1, Car. II. ministers are to be suspended that absent from the diocesan synod for the first fault, and that such a censure may be inflicted where no excuse is offered is not to be doubted. Yet our church judi- catures are rather inclinable to threaten, and be in readiness to revenge every disobedience, than actually to inflict the cen- sures they may, upon every just provocation. Ministers are said to be suspended, because their restoring or deposing is yet doubtful, and doth much depend upon their future be- haviour, or upon further discoveries and clearer probation. 17. By the General Assembly, April 1582, are related in Calder wood's History, the causes of deposition were judged to be these, viz. heresy, Popery, blasphemy, perjury, adultery, incest, fornication, slaughter, theft, common oppression, com- mon drunkenness, usury against the laws of the realm, non- residence, absence from his kirk, and neglect of his ofl&ce for forty days together in a year, without a lawful impediment allowed by the next General Assembly ; plurality of bene- fices, (but the act of Parliament says, plurality of benefices having cure,) dilapidation thereof, and simony. Which crimes are likewise declared causes of deprivation, by cap. 132, of Pari. 1584. It is to be observed, that the church doth not, except in some most horrid crimes, depose and excommuni- cate both at once. By the 25th of the canons, called Aposto- lical, *' Episcopus, aut presbyter, aut diaconus in scortatione, vel perjurio, vel furto deprehensus, ordine suo summoveatur ; ab ecclcsia tamen non excludatur," ministers are not to em- ploy deposed ministers in any exercise of the pastoral calling, or entertain ministerial communion with them, under pain of BOOK FOURTH. 389 deposition. By the 11th of these forecited canons, " Si quis clericus cum deposito, ut cum clerico, simul oraverit depona- tur et ipse," if any deposed minister shall apply to the civil magistrate for redress against that sentence, in so doing he acknowledgeth in the civil magistrate a privative power, to hinder the church from exercising that jurisdiction she hath received from Christ, and therefore he puts himself out of all hopes of almost ever being restored. By the 12th canon Concil. Antiocheni, " Si quis a proprio episcopo depositus, presbyter vel diaconus, vel episcopus a synodo, ausus fuit, im- peratoris auribus molestiam exhiberi, cum oporteat ad majorem synodum converti, et jus quod se habere putat ad plures epis- copos referre, eorumque examinationem et judicium suscipere: qui itaque his contemptis imperatori molestus fuerit is nulla venia dignus, neque sui defendendi locum habeat, nee restitu- tionis futurae spem expectet." 18. By deprivation a minister is removed only from his particular charge, and loseth the benefice, as was done against the ministers of Linlithgow and Bathgate, by the synod of Lothian, in May 1660 ; but instances of this kind are rare. By deposition a minister is deposed simpliciter from both office and benefice. This church doth not make that distinctioii, which the canonists do, betwixt deposition and degradation : for they say, that deposition is pronounced verbally, by his su- periors removing him from his office, but in degradation, the ensigns and vestments of the several degrees of orders he had been invested with, are pulled off him, and thereafter his per- son is delivered to the civil magistrate, to be punished for his crimes. 19. The custom of this church is, that when they enter upon a process of deposition, the name of God is solemnly called upon, for light and direction. Solemn prayer is like- wise made before they enter upon the grounds for reponing of deposed ministers. The act of deposition runs in this or the like form : At the which day anent the summons and complaint pursued before the presbytery of at the instance of against minister at mentioning, &c. And anent the citation, &:c. to have compeared, &c. to have answered to the said complaint given in against him, and the same being proven, to have heard a sentence of deposition, or such other censure given and pronounced against him, by authority of the said presbytery, as he should be found to deserve, conform to the acts and prac- tice of this church, observed in the like cases, or else to have 2 G 390 BOOK FOURTH. alleged a reasonable cause in the contrary ; with certification, if he failed, the said presbytery would proceed, and do therein as they should find just. Which summons being oft and divers times called, &c. pursuers present and compearing, the said defender absent ; the said presbytery having considered the articles of the said summons and complaint ; and being well and ripely advised therewith, they found the same relevant by the acts and practice of this church to infer deposition ; as also, they found the articles of the said com- plaint sufficiently proven, by the depositions of several famous witnesses, lawfully summoned, solemnly sworn, purged and interrogate thereupon. That, &c. (here narrate the particular things found proven) as the depositions of the said witnesses extant in process bear ; and therefore the said presbytery did by their vote depose the said likeas tney hereby do, in the name of the Lord Jesus Christ, the alone King and Head of his church, and by virtue of the power and authority committed by him to them, actually depose the said from the office of the holy ministry, prohibiting and discharg- ing him to exercise the same, or any part thereof, in all time coming, under the pain of the highest censures of the church. Extracted, &c. The sentence of suspension runs in this form : They do suspend the said from the exercise of his ministry till a definite time, prohibiting him to exercise the same during the said space, till he be orderly reponed thereto, under the pain of deposition. The Assembly, August 5th, 1648, considering, that according to the ancient order and practice of this kirk, the censures of suspension and deposition are both ab ojicio et heneficio, therefore they discharge deposed or suspended ministers to exercise any part of the minis- terial calling, or intromit with the stipend, under pain of ex- communication to the deposed minister, and of deposition to the suspended. See also act of Assembly, Dec. 18, 1638, sess. 14. 20. By the 3d article of the 10th act of Assembly 1694, if probationers malverse in doctrine or conversation, they shall be accountable to and censurable by presbyteries ; and if they refuse subjection, or prove contumacious to such censures, whether of suspending or recalling their licence, intimation therof shall be made to the church judicatures where they re- side or haunt, that so none may employ them to preach. 21. By the act of Assembly 2d August 1641, ministers deposed for the public cause of reformation, and transgress- ing the order of this kirk, shall not be suddenly received BOOK FOURTH. 391 again to the ministry, till they first evidence their repentance both before their presbytery and synod, and thereafter the same be reported to the General Assembly. The Assembly 12th August 1643, considering that sentences of superior ju- dicatures should stand effectual till they be taken away by themselves, therefore synods are discharged to repone minis- ters deposed by Assemblies, and presbyteries from reponing any minister deposed by either. By act of Assembly 13th February 1645, it is ordained, that no minister deposed shall be restored again unto that place where formerly he served, as being a thing prejudicial to the congregation, and deroga- tory to the weight of that sentence of deposition, and it being almost impossible that ever he can prove useful in that parish again. See the Form of Process on this head. By act of As- sembly August 12, 1648, it is enacted, that no minister de- posed for being an enemy to the government of this church, when it shall fall out, that he 'be put in a capacity of re-ad- mission to the ministry, shall enter into the congregation of any other minister, who also hath been deposed for that same fault. By the 53d article of the French Church Discipline, ministers who have been deposed for crimes which deserve signal punishment, or that bear marks of infamy, cannot be restored to their office, what acknowledgment soever they make. And as for other less faults, after due acknowledgment made, they may be restored by the national synod, to serve in another church, and not otherwise, which agrees with these acts of our Assemblies just now cited. 22. By the 13th act of Assembly 1690, all sentences past against any minister, hinc inde, by any church judicature, upon the account of the late differences among Presbyterians from the year 1650, till the reintroduction of Prelacy, are declared to be of themselves void and null, to all effects and intents. TITLE V. Of Sentences, and their Reviews, of Declinatures^ References and Appeals. 1. Judicial sentences are either interlocutors, that is, a sen- tence intermediate between the dependence and termination of processes ; or they are definitive, that is, they terminate pro- cesses. And these are either absolvitures, whereby the de- fender is freed and assoilzied from the conclusion of the libel or process, or they are condemnatory, whereby the conclusion 392 BOOK FOURTH. of the process is found just and true against the defender ; or they are mixed, whereby the defender is absolved from some part of the conclusion of the process, and is condemned in other parts thereof. 2. The moderator of no judicature ought to give forth their sentence, till the same be first put in writing, and then he is to order the clerk to read it in presence of all parties. Thus no judicature can be in the least wronged by any clerk's un- faithfulness or omission. 3. When it is doubtful what sentence should be past, it is the safest side, and the least error, either to drop the process for the time, or else to absolve the defender conform to that maxim in law, " Satius est impunitum relinqui facinus no- centis, quam innocentem damnare, 1. 5. d. de psen." for in absolving the guilty there is but an omission, whereas in con- demning the innocent there is committing of iniquity and in- justice. 4. Before a judicature can think to pass a sentence, parties being first fully heard, must close what they have to say, and after they have concluded their defences and answers, then the judicature begins to advise what sentence to pronounce ; and seeing the pursuer speaks first by his libel, the defender is allowed to be the last speaker. 5. When faults are singular and monstrous, it is the laud- able practice of judges, to order the punishment and trial of such crimes in private ; I am sure, to acquaint the people of some unnatural sins, whereof they had never heard, were but a scandalous and pernicious instruction. See the 51st art. 1. cap. and 10th and 11th art. of the 5th cap of the French Church Discipline, 6. Sentences are in themselves null, when pronounced against the general acts of the church, or by an incompetent judge, such as the sentences of kirk sessions against ministers, or even by presbyteries and synods, when the process is car- ried and admitted before their superior judicatures. 7. When the party neglects to use the ordinary remedy of appeal, he is allowed (where the sentence is palpably gra- vaminous) to pursue a review thei*eof before a superior judica- ture. They are like reductions, and ought to be so libelled, calling the parties and judge to produce what is craved, to be reviewed. They are not much in use with us, and if they were, some self-willed and litigious persons would take too much encouragement from it. Assemblies, from which there lies no appeal, may review or recal their own sentences, on BOOK FOURTH. 393 some new or extraordinary discovery. But inferior judica- tures from which parties may appeal, are not to determine, but to refer the desired review or reduction to their superior j udicature. If a party shall omit to propone a competent and proper defence, with a fraudulent and vexatious intention to protract and resume debates, in that case he ought not to be heard in his making thereof out of due time and order. But to hear emergent and new discovered defences since the con- clusion of the cause, is but just. 8. In the latter part of the 23d act, Pari. 1693, it is sta- tute, that the lords of their Majesty's privy council, and all other magistrates, judges, and officers of justice, give^ll due assistance, for making the sentences and censures of the church, and judicatures thereof to be obeyed, or otherwise effectual as accords. 9. Declinatures are ante latam sententiam definitivam ; but appeals are made from and after that sentence. These de- clinatures are of two sorts ; the first unwarrantable, when a judicature is declined, as having no authority, as if a minister should decline his own presbytery, or the other superior judi- catures of the church to be his lawful judges, which is a higher degree of contumacy, than that which follows upon non-com pearance, and may be warrantably censured with de- position by the 5th act of Parliament 1690. There is a warrantable declinature, when a judicature is declined as having committed injustice in some interlocutory sentence. There is likewise a warrantable declinature, which may be made against particular members, who are related to the party by consanguinity or affinity, nearer than a cousin- german, or who have behaved themselves as parties in the cause. It is just now said, that appeals are properly made from definitive sentences, but they are likewise made from interlocutory sentences, when they contain such damage to the party, whereof no reparation can be expected, from the definitive sentence that is to ensue. Thus Paul's appeal was just. Acts XXV. 9. for although his accusers could not prove their libel against him, yet his judge did not absolve him, but partially and unjustly remitted him to the judgment of his £alse and malicious accusers. 10. Appellatio is by lawyers said to be " Iniquitatis sen- tentias querela, a minore judice ad superiorem provocans ;" the design of appeals is to redress wrongs done by the iniqui- ty, unskilfulness, or precipitancy of judges. 11. As to the effect of appeals, " non sortiuntur effectuna 394 BOOK FOURTH. suspensivum sed devolutivum tantum," and consequently re- solve only in the nature of protests for remeid of law against a sentence pronounced by the Lords of Session, and not in the nature of suspensions. By the last article, cap. 5. act 11. Assembly 1707, an appeal being made by parties, should sist the execution of the sentence appealed from, only while the appeal is duly and diligently prosecute, and may thereby be determined, otherwise not ; unless the judicature appealed to, receive the appeal, and take the affair before them : and in that case, the judicature appealed from, is to sist till the ap- peal be discussed. 12. By the act of Assembly, August 30, 1639, appellations are discharged to be made by leaping over either presbytery or synod, except it be after the synod is past, and immedi- ately before or in the time of the sitting of the General As- sembly. The Assembly 1648, sess. 30, orders thus, that where the appeal after sentence is not ready to be given in, the party shall protest for liberty to appeal, and accordingly, within ten days, give in his written appeal to the judicature or moderator thereof, otherwise it falls ; which order and me- thod is further cleared by the 8th act of Assembler 1694, whereby it is appointed, that verbal appellants give in their subscribed appeals, within ten days to the clerk of the judica- ture appealed from, (notwithstanding the judicature may be up before the time,) and also intimate the same to the mode- rator, by leaving with him an authentic copy thereof, with the reasons of the same, to be registered by the clerk, and summons direct thereupon against parties defenders, and ex- tracts thereof, with the citation foresaid, are to be produced by the appellants at the discussing thereof, declaring that any appeals or insistings thereupon, otherwise made, shall be re- jected. 13. When the judicature ad quern meets, the party appealed, and oftentimes the judge a quo, craves that the appellant may be called, and if he appear not, the appeal is holden as de- serted ; in which case firmatur sententia. If the appellant fail, then to insist, it ipso facto falls, becomes void, and the sentence of the judicature appealed from, is to be put in exe- cution. See the Form of Process on this head, enacted 1707. Unless the appellants send full instructions and documents for the necessity of their absence. See chap. 9, art. 9, of the French Church Discipline. 14. By the act of Assembly, August 3, 1643, it is appoint- ted, that all bills whatsoever of particular concernment, where- BOOK FOURTH. 395 unto all parties having interest are not cited, should be rejec- ted. As also, that they be first presented to the inferior judi- catures of the kirk, who may competently consider of them, and from them be orderly et gradatim brought to the As- sembly, and references are to be made by the inferior to the immediate superior judicatures in the same manner. Like- wise, upon a reference made and intimate, all parties present are thereby cited, apud acta, to the judicature referred unto : but if absent, the clerk must be ordered to direct summons against them, which if omitted, the reference cannot be re- ceived. 15. When an appeal is brought from the kirk-session to the presbytery, they are to consider, whether the cause is of that nature, as it behoved at length to come to the presbytery, by the course of discipline, before the final determination thereof: as, if it be in a process of alledged adultery or such like ; in which case, they may, to save themselves time, fall upon consideration of the affair, without insisting upon the hene or male appellatum, even though it seem to be preposter- ously appealed. But if the cause be such, as the kirk-session are the competent and proper judges of, to its ultimate deci- sion, and if there hath no cause been given by the session, through transgressing the rules of an orderly process, or by the incompetency of the censure, the presbytery is not to sus- tain the appeal ; and if they do not sustain it, but find the ap- pellants to have been malicious, litigious, or precipitant, then they are to inflict some censure, such as reproof before the presbytery, or appoint them to acknowledge their precipitancy before their own session, and that besides remitting the pro- cess to them. If the appeal to be sustained, and yet upon proceeding in the cause, the presbytery find the appellant cen- surable, they are to order him to be censured accordingly ; but if they find that the kirk-session hath unwarrantably pro- ceeded, either to the contributing to the raising of a scandal, or inflicting a censure without a sufficient cause, they are then not only to absolve the appellant, but to take proper ways for vindicating his innocence : yet so as not to weaken the kirk- session's authority ; for which end they may give that session suitable instructions and rules to walk by, or private admoni- tion, or to call for a visitation of their session register. See that forecited Form of Process, Assembly 1707. 396 BOOK FOURTH. TITLE VI. Of the Order of Proceeding to Excommunication. 1. If a guilty person continue in that condition mentioned Tit. 1, of this Book, or lie under the censure of the lesser ex- communication for a considerable time, after intimation there- of hath been made, both in the congregation where it was in- flicted, and also in that to which he belongeth, and yet be found frequently relapsing in these vices he was censured for, it may be constructed such a degree of contumacy, and so aggravate the crime, as to found a process for the censure of the higher excommunication, which is to be inflicted or not, as may most tend to the reclaiming of the guilty person, and edification of the church. Where there is no obdurate contu- macy, the lesser excommunication needs only have place. Again, where no scandalous practice hath been proven, only there is a simple contumacy following by not appearing, in that case, the lesser excommunication is length enough. But if the scandal be of an heinous nature, and that it is spreading and infectious, as in heresies or schism in the church, in which cases, contumacy is to be proceeded against. 2. Yet every error or difference in judgment about points wherein learned and godly men may differ, and which sub- verts not the faith, nor is destructive to godliness, or when persons out of conscience do not come up to the observation of all these rules, which are or shall be established by authority for regulating the outward worship of God, and government of his church, the censure of excommunication should not be inflicted for such causes. See Durham on Scandal. The letter from the Assembly of Divines at Westminster, with the answer of our General Assembly, 1645. 3. The kirk-session having brought the process to the lesser excommunication, before they proceed further, they are by a reference to lay their whole proceeding in writ before the presbytery, who finding them to have orderly proceeded, and that the lesser excommunication is not sufficient, they are to cause cite the scandalous person. If he appear, and deny the scandal alleged and libelled, then they are to lead probation as in other cases. If he appear not, then the citation is to be renewed till he hath got three. 4. If he contemn these three citations, then he is to be ad- monished out of the pulpit, to appear and submit three several Sabbaths ; and a presbytery diet should intervene betwixt BOOK FOURTH. 397 every one of these admonitions. By these admonitions inti- mation is to be made, that the presbytery will proceed to in- quire into the guilt, although the delinquent be absent, and threatening him with the highest censure of the church, if he continue impenitent ; and therefore the minister is gravely to admonish the party present or absent, to repent and submit himself to the discipline of the church. 5. If after all, the person continue impenitent or contuma- cious, the presbytery appoints the minister to pray for him publicly in the congregation, and he is to exhort them to join with him in prayer, that God would deal with the soul of the impenitent, and convince him of the evil of his ways. Which prayers of the church, are to be put up three several Sabbath days, a presbytery intervening betwixt each prayer. 6. The scandalous person still continuing impenitent, and making no application or submission, the presbytery is then to appoint the minister to intimate their resolution to proceed upon such a Sabbath as they shall name for pronouncing that dreadful sentence, unless either the party, or some for him, signify some relevant ground to stop the procedure, that so, upon the congregation's tacit consent and acquiescence, the sentence may have its due weight and intended effect. 7. All these slow and several steps of the church's proceed- ings to this high censure, do shew their tenderness towards their lapsed brother, their earnestness to have him reclaimed, and also to create a greater regard and terror of that dreadful cefisure, both in the party and all the people. Let not those who deserve it, or upon whom it hath been orderly and justly inflicted, mock and say, pariuriunt monies, &c. For whatso- ever the church shall so bind on earth, our Lord hath said it shall be bound in heaven. Mat. xviii. 18. And this censure is like a seal to all the threatenings of God in his word, which shall verily be execute against impenitent sinners. 8. The day being come, the minister is to preach a sermon suited to that solemn occasion, concerning the nature, use, and ends of church censures ; then, after the ordinary prayers and praises of the congregation are performed, the minis- ter is to narrate all the steps of the process, shew the ob- stinate impenitency of the scandalous person, and that now there remained only that mean of cutting him off from the so- ciety of the faithful. Then he is to desire the congregation to join with him in prayer, that God would grant repentance to the obstinate person, would graciously bless his own ordinance, to be a mean for reclaiming him, and that others may fear. 39S BOOK FOURTH. 9. Then immediately after prayer that terrible sentence i^ to be pronounced, in these or the like words, speaking to him in the second person, if present, and of him in the third person, if absent — " Whereas, thou N. hast been by suffi- cient proof convicted of [here mention the sin] and after due admonition and prayer, remainest obstinate without any evi- dence or sign of true repentance. Therefore, in the name of the Lord Jesus Christ, and before this congregation, I pro- nounce and declare thee N. excommunicated, shut out from the communion of the faithful, debars thee from their privi- leges, and delivers thee unto Satan for the destruction of thy flesh, that thy spirit may be saved in the day of the Lord Jesus." 10. Why the apostle, 1 Cor. v. 5, expresses excommunica- tion by delivering to Satan, may be for this, among other rea- sons, that Satan is called the God of this world, as world is taken in opposition to the church of God, so that delivering to him implies no more than that Mat. xviii. 17, if he neglect to hear the church, let him be to thee as an heathen man and publican, thereby letting us know how dreadful a thing it is to be shut out from the ordinary means of grace and salva- tion, and exposed to the temptations of our grand adversary the devil. 11. If after prayer, or before pronouncing of that sentence, the scandalous person make any public signification of his penitency, and of his desire to have the censure stopped, the minister may, upon any apparent seriousness in him, delay pronouncing him excommunicated, upon his public engage- ment and promise to appear before the presbytery at their next meeting, of which the minister is to make report, and the presbytery is thereupon to deal with the scandalous person as they shall see cause. 12. After the pronouncing of this sentence, the minister is to warn the people of the effects thereof, such as, that they hold that person to be cast out of the communion of the church, ana therefore they are to shun all unnecessary con- verse with him ; nevertheless, excommunication dissolveth not the bonds of civil or natural relations. By the act of As- sembly 1596, revived Assembly 1638, sess. 23, art. 16, such are appointed to be excommunicated, as will not forbear the company of excommunicated persons. By the 10th of these canons, called Apostolical, *' Si quis etiam domi cum excom- municato simul oraverit, is pariter excommunicetur." By Assembly 1643, sess. ult. and Assembly 1648, sess. 38, art. BOOK FOURTH. 399 13, if a minister haunt the company of .excommunicated per- sons, he shall be suspended for the first fault, and deprived for the second, unless he have licence from the presbytery, or else the excommunicated person be in extremis. No civil penalty, such as escheat of moveables or caption, doth now follow upon this sentence, so that the liberty and estates of church members are not endangered by it, nor do they de- pend upon church-men. But upon a presbytery's represen- tation to the privy council, against persons that are contuma- cious, such may not expect to enjoy their places, or be intrust- ed with any, as the last act made against profaneness in King William's reign doth insinuate. By James VI. Pari, 11, cap. 27, excommunicate persons are to be charged by the minister to depart from the church in time of ministration of sacraments and prayer, and not to disobey, under the penalties therein mentioned. 13. The minister is to conclude this censure with prayer to this purpose, that God, who hath appointed this terrible sen- tence for removing of ofi'ences, and reducing of obstinate sinners, would ratify in heaven, what in his name, and by his warrant, hath now been done on earth, and that the shutting him out of the church may fill him with fear and shame, break his obstinate heart, and be a mean to destroy the flesh, and recover from the power of the devil, that his spirit may yet be saved, and also that others may be stricken with fear, and not dare to sin so presumptuously, or contemn the authority and voice of his church. See Knox's Forms, prefixed to the old Psalms. Then the congregation is to be dismissed with the blessing, after singing the last part of the 101st Psalm. 14. The 4th art. cap. 30. of our Confession of Faith saith, that for the better attaining the ends of church censures, the officers of the church are to proceed by admonition and sus- pension from the sacrament of the Lord's supper for a time, and by excommunication from the church. The diiference then betwixt these two censures is ; suspension from the Lord's supper, which imports that the person so censured is in eminent danger of being excommunicated and cut off from the church ; but before that heavy and finishing stroke be inflicted, there are further means to be used, such as prayers and admonitions, in order to his reclaiming, 2d Thess. iii. 6. 34. 15. " Now we command you brethren, in the name oF our Lord Jesus Christ, that ye withdraw yourselves from every brother that walketh disorderly : and if any man obey not our word by this epistle, note that man, and have no 400 BOOK FOURTH. company with him, that he may be ashamed, yet count him not as an enemy, but admonish him as a brother." Whereas, when a person is cut off by that high censure^ he is to be looked on as a heathen man, Matth. xviii. 17. upon which the church ceaseth to be his reprover, they giving him over for dead or desperate, and will administer no more of the medicine of church discipline unto him, ]. Cor. xii. 13. " For what hath the church to do to judge them that are without ? Do not they judge them that are within ? But them that are without, God judgeth." 15. Persons guilty of relapse in adultery, or who are often guilty of other gross scandals, are to be more summarily ex- communicate than in ordinary processes, both for the heinous- ness of the sin, and for terror to others. See sess. 38, Assem. 1648. There is no excommunication absolutely summary, that is, without previous citations, admonitions and prayers, but it is comparatively summary, because they are not first suspended, as in ordinary church procedures against scandal- ous persons. I am sure, where there is no obdurate contu- macy, but on the contrary, edifying signs of true repentance, to such sinus ecclesice semper patet : for the repentance of the greatest sinners is more edifying and grateful than their ex- communication ; and if the Holy one of Israel, who is abso- lute and sovereign in bestowing of his mercy and grace to whom and when he will, shall think fit, by giving unfeigned repentance to that notour atrocious sinner, to signify his for- giving of him, and receiving him into his favour ; how dare any church upon earth presume to deliver such a person unto Satan ? 16. In case the excommunicate person continue obstinate, after the sentence of the presbytery is intimated in all the kirk s within their bounds, they are to give an account thereof to the synod, who are to appoint intimation thereof to be made in all the kirks of their bounds ; and if need be, the synod is to bring the case to the Assembly, that the sentence may be intimate through all the churches of the kingdom. Assembly 1704. sess. 10, Assembly 1648, August 10. Only let this be remembered, that if he come to be absolved, justice be done him, in causing the absolution be intimate, wherever the ex- communication had been, so the plaister will be proportioned to the sore. 17. There is in the canon law a church censure which they call Interdictum, by which they excommunicate whole king- doms and provinces for the fault of some, whereby they make BOOK FOURTH. 401 the innocent suffer with the guilty, through the forbidding the public exercise of God's worship in that kingdom, place, or province. They have a particular Interdictum by which they excommunicate a number of persons specially designed. By the first of these the inhabitants are only affected and reached with its censure during their abode or residence in the place interdicted. But the particular Interdict doth reach and fol- low the particular persons thereby censured, wherever they sojourn. 18. Calderwood in his History, page 205, tells us, that anathematization is a censure of an higher degree than ex- communication, but the reformed churches generally esteem excommunication to be Severissima disciplina, et ultimum ful- men ecclesice ; and in the 16th sect. art. I. of the Directory for church government, as it was printed anno 1647, to be exa- mined by the Assembly, it is said, excommunication is a shut- ting out of a person from the communion of the church, and it is the greatest and last censure. And pray, what can a church do more ? Or, what have they to do more with a per- son shut out of their communion ? The anathematization among the canonists hath no other effects, but is the same upon the matter v/ith their greater excommunication ; only, when the same is inflicted with a number of more solemnities and formalities, because of that parade, it is then called ana- thematization. And we find by Knox's Forms, that he useth the words excommunicated and accursed, as synonymous or equipollent : See the Form of Process both on this and the subsequent Title, Assembly 1707. TITLE VII. Of the Order of proceeding to Absolution. 1. By the manuscript acts of Assembly, at Edinburgh, March 1569, persons excommunicated for their offences, in order to their absolution, shall stand bare-headed at the kirk door till prayers and singing be ended, and then enter the kirk, and sit at the public place of repentance bare-headed all the time of the sermon, and again depart before the last prayer, which is agreeable to Knox's Forms, concluded anno 1567, and ordered to be printed by Assembly 1571, and is not disagreeable to the primitive practice of the church. But now if, after excommunication, the signs of repentance appear in the person excommunicated, such as godly sorrow for sin, as having thereby incurred God's heavy displeasure, occa- 2 H 402 BOOK FOURTH. sioned grief to his brethren, and justly provoked them to cast him out of their communion, together with a full purpose of heart to turn from his sin unto God, with a humble desire of recovering peace with God and his people. All which the presbytery being satisfied with, they give warrant for his ab- solution. But, in order thereto, he is to be brought before the congregation, and there also make free confession and express sorrow for his sin, call upon God for mercy in Christ, seek to be restored to the communion of the church ; and he must promise, through the Lord's strength, new obedience and more holy and circumspect walking. Which appearance be- fore the congregation, shall be as often as church judicatures shall find may be for edification and trial of the professing penitent's sincerity. 2. A minister may warrantably, without licence from the presbytery, haunt the company of excommunicate persons in extremis, as is said, Tit Prcec. And if he shall then find in the dying person true signs of repentance, what is there to forbid his administrating the comfortable sentence of absolu- tion to him, seeing it is due to the signs of his repentance, and his dying condition cannot admit of longer delay. But that ministers might have better warrant, and the fears of dying penitents be more easily removed, 1 wish there were some church act expressly authorising ministers to absolve persons in such circumstances. 3. In the preceding title there is an edict of excommunica- tion mentioned ; so, in like manner, and on the same ground, there should be published an edict of absolution, at least a Sabbath before the same, that so the penitent may be restored to the apparent and tacit satisfaction of that congregation who had so consented to his seclusion. 4. The day being come, the minister is to preach a sermon suited to that occasion ; then after the ordinary prayers and praises of the congregation are ended, he is to call upon the professed penitent, and make him declare, promise, and call upon God as above : Thereafter he is to desire the congrega- tion to join with him in prayer to this purpose, that the Lord Jesus Christ, who hath pronounced, that whosoever by his ministers is bound on earth, shall be bound in heaven ; and also, that whosoever is loosed by the same, shall be loosed and absolved with him in heaven, would mercifully accept his creature this professing penitent N., whom Satan of a long time hath held in bondage, so that he not only drew him to BOOK FOURTH. 403 iniquity, but also so hardened his heart, that he despised all admonitions, for the which his sin and contempt, they were compelled to excommunicate him from the society of the faithful. But now seeing the Holy Spirit hath so far pre- vailed, that he professeth repentance for his sin, that it may please God by his spirit and grace, to make him a sincere and unfeigned penitent : and for the obedience of the Lord Jesus Christ unto death, so to accept of this poor returning sinner, that his former disobedience be never laid to his charge, and that he may increase in all godliness, so that Satan in the end may be trodden under foot by the power of our Lord Jesus, and God may be glorified, the church edified, and the penitent saved in the day of the Lord. 5. After prayer, the sentence of absolution is to be pro- nounced in these or the like words : — '' Whereas thou N. hast been shut out, for thy sin, from the congregation of the faith- ful, and hast now manifested thy repentance, wherein the church resteth satisfied ; in the name of the Lord Jesus Christ, before this congregation, I pronounce and declare thee absolved from the sentence of excommunication formerly denounced against thee, and do receive thee into 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 sal- vation." After this is pronounced, the minister speaketh to him as a brother, exhorting him to watch and pray, or com- forting him, if there be need, the elders embrace him, and the whole congregation holdeth communion with him as one of their own. 6. When the presbytery hath given warrant for absolving the excommunicate person, he is thereupon materially ab- solved, and therefore may be admitted to church worship, be- fore he be actually and formally pronounced and declared such. The church may pray for excommunicate persons, un- less they had certain knowledge, I mean very well grounded, that any of them had committed the unpardonable sin, and that unto death, 1 John v. 16. — Mat. xii. 31, 32 ; and when we do pray for these excommunicated, whom we hope not to be so guilty, yet we do not pray for them as Christians, or of our communion, but as if they were heathens, for their con- versation and repentance. 7. The minister is to conclude the absolution with prayer, thanking God who delighteth not in the death of a sinner, but rather that he should repent and live ; and magnifying the 404 BOOK FOURTH. mercy of God through Jesus Christ, in pardoning and receiT- ing into his favour the most grievous offenders, whenever by his grace, they unfeignedly repent and forsake their sins- Thereafter the congregation is dismissed -with a blessing, af- ter singing a part of some penitential psalm. EXTEACTS FROM - THEOLOGICAL INSTITUTES," BY GEORGE HILL, D.D., F.R.S.E., etc. &C. EXTRACTS, &c. I. The Judicial, Legislative, and Executive Power of the Church of Scotland.* JUDICIAL POWER. 1. The judicial power of the church appears in the infliction or removal of those censures which belong to a spiritual society. This power is not entrusted by the constitution of our church to the minister of a parish ; for, while he performs various oflSces in his personal capacity, it is only when he sits in the kirk-session as mo- derator, or acts by their authority, that he exercises the judicial power of rebuking, of suspending, or excluding from the privileges of the church, and of absolving from censure. While those inhabi- tants of a parish who are of the communion of the established church, are thus secured from suffering by the caprice of an indi- vidual, they are also guarded against the intrusion of a neighbour- ing jurisdiction. They are placed by the constitution, under the inspection of the kirk-session of their own parish : there the judical power, when it is exercised with regard to laymen, must originate ; and no other ecclesiastical court is entitled to interfere in the first instance ; although every judicial discussion before a kirk-session may ascend through the gradation of judicatories, so as to be finally decided by the General Assembly. The office of a minister being superior to that of an elder, and the minister of a parish being officially the moderator of his own kirk-session, he is not amenable to their jurisdiction. His im- mediate superiors are the presbytery from whom he received the charge of his parish, who have a title, at any time, to enquire in what manner he performs his official duty, who exercise a censorial inspection over his whole conduct, and who are the only court before whom it is competent for those who wish to appear as his accusers in an ecclesiastical process, to lodge any complaint against his doctrine, or his moral character. Ministers, besides being liable to the same censures as other Christians, may be suspended from the exercise of their ministry, or deposed ; and, in consequence of the connection between the church and the state, a sentence of deposi- tion, regularly pronounced by the church-courts, deprives a minister of that right to the stipend and other emoluments which he ac- quired by his admission, and renders his parish vacant in the eye of law. It is a matter of essential justice, that every man who is to be tried should know the shape which his accusation must assume, and the form in which he is required to make his defence. The strict ob- servance of a known established mode of trial is peculiarly neces- sary in the judicial proceedings of the church, where sentences * Inst. Part II. § 5, p. 229, (first edition,) and p. 104 of edit. 1817. 403 LEGISLATIVE POWER. which affect the character and comfort of the parties, and Avhich deprive a minister of his usefulness and his freehold, are pronounced by large popular assemblies, the members of which, not being con- versant in legal discussion, are in danger of deciding from some strong present impression. One of the first objects to which the Church of Scotland turned her attention after the establishment of Presbyterian government at the Revolution, was the state of her judicial proceedings ; and what is called the Form of Process, a code of laws which regulates the manner of commencing, of con- ducting, and of terminating processes for censure, was enacted by the church in the year 1707. In 1787, Lord Robertson, who was then procurator for the Church of Scotland, made an attempt to obtain the sanction of the church to a more perfect code, into which he had introduced various improvements, proceeding upon the liberal accurate ideas which are congenial to his mind. The attempt failed of success : and from the difficulties with which it appeared to be attended, there is no great reason to hope that we shall soon obtain the enactment of any law of the church, so complex as the case would require. But we have the satisfaction of thinking, that our Form of Process is in many respects excellent ; and that with the help of those explications which some parts of it have already received from practice, and with a due attention to the rules of Christian prudence and charity, it may be executed in such a manner as to attain the great purposes of a judicial code. LEGISLATIVE POWER. 2. Every judicatory is occasionally called to enforce the laws of the church, by making such special enactments, in conformity to those general laws, as are suggested by the circumstances of the district under its jurisdiction ; and church-courts, like all othei'S, have a right, within certain limits, to regulate the forms of their own proceedings. It is not to such partial enactments or regula- tions that we refer, when we speak -of the legislative power of the church. We apply that term to the power of making standing laws concerning matters of general importance, which are binding upon all the members and judicatories of the church. From the first establishment of presbyterian government in 1560, till some years after the Revolution, such laws proceeded from the sole authority of the General Assembly : But an act of the church in the year 1697, which we are accustomed to call the Barrier Act, prescribes the following mode of enacting permanent and standing constitutions. The proposal of making a new general law, or of repealing an old one, which, in our ecclesiastical language, is termed an overture, originates with some individual, who generally lays it before his presbytery or synod, that, if they approve, it may be sent to the General Assembly as their overture. The General Assembly may dismiss the overture, if they judge it unnecessary, or improper ; or adopt it as it was sent, or introduce any alteration which the matter or the form seems to reqxiire. If it is not dis- missed, it is transmitted by the General Assembly, in its original or its amended form, to the several presbyteries of the church for their eonsideration, with an injunction to send up their opinion to the LEGISLATIVE POWER. 409 next General Assembly, -who may pass it into a standing law, if the more general opinion of the church agree thereunto, that is, if not less than forty presbyteries approve. The Barrier Act, according to its own preamble, was intended " for preventing any sudden alteration, or innovation, or other pre- judice to the church, in either doctrine, worship, discipline, or government, now happily established therein ;" and any person who considers the momentary impressions incident to all large bodies of men in the heat of debate, or in their zeal for a particular object, will not think it advisable that a court so numerous as the General Assembly, which sits once a year for ten days, should have the uncontrouled power of making standing laws upon the spur of the occasion. At the same time, it must be acknowledged, that the operation of the Barrier Act tends to produce great tardiness in the legislation of the church. For some presbyteries neglect to send any opinion ; others disapprove ; others propose alterations ; so that many years sometimes elapse before the consent of forty pres- byteries can be obtained to the whole complex proposition that was transmitted to them. The remedy for this tardiness is found in that legislative authority which seems to be reserved to the General Assembly by the Barrier Act. The Assembly 1695, which prepared the overture, that no new acts relating to the doctrine, worship, or government of this church, be made until they be first transmitted to the several presbyteries, does, in the meantime, re- vive the acts of the former Assemblies made thereanent ; and the Assembly 1697, upon the same day on which it converted the over- ture of 1695 into a binding rule and constitution to the church, does obtest and beseech all the ministers of this church " to consider how much it is their duty to give punctual and exemplary obedience to all the acts and appointments of the Assemblies thereof." Ac- cordingly, ever since that period, when the immediate enactment of the new law proposed in an overture appeared essential for the good of the church, the General Assembly has exercised the power of converting the overture into what we are accustomed to call an interim act ;* and it is acknowledged by all who understand our constitution, that, till the meeting of the next Assembly, such temporary enactments are binding upon all the members of the church. If presbyteries disapprove of them, they will express their disapprobation in the opinion which they transmit ; and the voice of their representatives in the next Assembly will prevent the re- enactment of the over*ture. The power, therefore, of passing interim acts cannot produce permanent evil ; it generally has the effect of rousing presbyteries to consider the overtures transmitted to them ; and, in many instances, the temporary regulations by which this power of the General Assembly had applied an im- mediate remedy to evils under which the church was suffering, have acquired the authority of standing laws, either by the tacit acquiescence of the church during a long course of years, or by the explicit approbation at length obtained from a majority of pres- byteries.f * Assemblies 1711, 1719, 1731, 1737, 1739, 1742, &c. &c. t The act of Assembly 1711, concerning probationers, and settling 410 EXECUTIVE POWER. EXECUTIVE POWER. 3. The General Assembly, from its first meeting under the au- thority of Parliament, in the year 1560, assumed the direction of the ecclesiastical business of the nation, which it managed, first by ministers, never received the explicit approbation of the presbyteries of this church ; but being generally observed, it came, by long and uniform practice, to be considered as constitutional law. A more distinct and comprehensive act anent licensing probationers, was first introduced in the year 1740 ; and after undergoing various altera- tions in the Assembly, and being transmitted for many successive years, was, in consequence of the approbation of a majority of pres- byteries, converted into a standing law by the Assembly 1782. The act respecting chapels of ease may be mentioned to the honour of the Church of Scotland, as an example of presbyteries being effectually roused by circumstances that require promptitude and vigour. The increasing wealth and population of various districts of Scotland having produced many applications for chapels of ease, there being no public law upon this novel subject, and difi"erent presbyteries having erected chapels of ease upon plans widely dissimilar, and in some instances dangerous to the ecclesiastical and civil establishment, it was judged necessary to introduce into the Assembly 1796 an overture, founded upon the report of a committee, which had been appointed by the Assembly 1795 to consider the subject, " that pres- byteries shall not pronounce a final judgment upon any petition for the erection of a chapel of ease, until they shall have received the special dii*ections of the Assembly thereon." This overture having been adopted by the Assembly 1796, was transmitted to presbyteries for their opinion, and was at the same time enacted as an interim order. It was re-transmitted, and re enacted by the Assembly 1797 ; and a considerable majority of the presbyteries of the church having transmitted to the Assembly 1798 their opinions in favour of the overture, it was, by that Assembly, within two years after its being introduced, enacted into a standing law of the church. See acts of Assembly 1798, session 6. There occurred lately a stronger example of the sense of public duty correcting the tardiness incident to our mode of legislation. The General Assembly, from considering the circumstances of the case, had, in a few recent instances, given permission to a clergyman holding a professorship in an university, to hold, at the same time, a parochial charge in the country. In many parts of Scotland, ap- prehensions were entertained that this permission might introduce abuses hurtful to the interests of religion and literature ; and the de- sire became very general that, by a law regularly enacted, an ef- fectual check might be given to a practice which was considered by many as a most serious evil. In compliance with this desire, the General Assembly, May 22, 1816, appointed the committee of over- tures '' to prepare an overture for preventing the improper union of offices, to be reported to the Assembly.'' The overture prepared by the committee was produced and read. May 25, 1816 ; " and after a few amendments made upon it, the Assembly agree, without a vote, to transmit this overture to presbyteries for their opinion, and, EXECUTIVE POWER. 411 superintendants, and afterwards by the presbyteries which it erected in the different districts of the kingdom. In the Second Book of Discipline, which was agreed upon in the Assembly 1578, and in- serted in the registers of Assembly 1581, it specified minutely the powers of presbyteries and synods ; and nearly the same powers described in that book were confirmed by the act of Parliament 1592, c. 114, which has been properly termed the law of the land respecting our ecclesiastical constitution.* The powers thus com- mitted to the inferior judicatories of the Church of Scotland, are exercised by all of them in the ordinary discharge of their duty ; and in the trial of candidates for the ministry, presbyteries are in a special manner the executive oflSicers of the church. But the su- preme executive power remains with the General Assembly, which having, in concurrence with the state, given at first to the inferior judicatories all the ecclesiastical powers which they possess, still, according to the powers which, in the Second Book of Discipline, it reserved to itself, " prescribes the rule how the other two kinds of Assemblies should proceed in all things ; and generally, con- cerning all weighty affairs that concern the weal and good order of the whole kirks of the realm, interpones authority thereto." In the exercise of these powers, the General Assembly often issues peremptory mandates, summoning individuals and inferior courts to appear at its bar. It sends precise orders to particular judica- tories, directing, assisting, or restraining them in the discharge of their functions ; and its superintending controuling authority main- tains soundness of doctrine, checks irregularity, and enforces the observance of general laws throughout all the districts of the church. As the decisions of the General Assembly, which consti- tute the common law of the church, may give a false interpretation of the statute-law, so the orders of the General Assembly, may infringe the constitutional liberties of the separate judicatories. But when an opinion comes to prevail throughout the church that the General Assembly has acted improperly, the representatives sent by the presbyteries to future General Assemblies will give decisions of an opposite tendency ; and acts will be passed in the ordinary course of legislation, applying the proper remedy to the abuse of authority, and preventing the repetition of that abuse. The executive power may err in the church, as in the state ; and in both, the errors of the executive are corrected by the voice of the legislative. " The General Assembly" (says the Reverend Professor Finlay- v^on, in the heads of an argument in support of the overture re- specting chapels of ease, with which he favoured the public in the in the meantime, they convert the same into an interim act." The, committee appointed by Assembly 1817 to class returns to overtures being able to report, *' that a majority of presbyteries have given their consent to the overture relating to the union of offices;" the General Assembly, May 28, 1817, within twelve months after its be- ing introduced, " did enact and ordain that the said overture shall be held and acted upon, in all time coming, as a standing law of this church." * See the act, p. 38, of this Compendium. 412 EXECUTIVE POWER. year 1797,) " is the corner-stone of our ecclesiastical government. The powers which originally belonged to it have continued to be ex- erted occasionally through the whole period of its history. In the last century, its arm appears almost every where, directing the course of ecclesiastical procedure. And even in the present century, after a more settled state of things has rendered its interpositions less frequent, we see it still exerting the superintending and legis- lative authority with which it is vested, whenever necessity or the general good requires. The existence of this authority is essential to the unity and vigour of our political system. Without it the Church of Scotland would soon lose its glory, and separate into a number of petty independent jurisdictions, scattered over the dis- tricts of the country, unequal to their own defence, and insufficient for the purposes of an ecclesiastical establishment." The settlements of vacant parishes have furnished the most im- portant occasions for calling forth the executive power of the Ge- neral Assembly. Ever since the establishment of the Church of Scotland, and particularly since patrons were restored to their ancient rights by the act 1712, presbyteries, even when they did not find any defect in the personal qualifications of the presentee, have often, from a supposed deficiency in his call, from regard to the wishes of the people, or from some local circumstances, delayed or even refused to settle him. When the matter is brought before the General Assembly, that supreme court, if satisfied that the conduct of the presbytery was not warranted by the laws of the Church, interpones its authority, and enjoins them to px'oceed with all convenient speed, according to the rules of the Church, to re- ceive and admit the presentee, minister of the vacant parish. If the reluctance discovered by the members of the presbytery ap- pears to be such that they cannot safely be trusted with any dis- cretionary powers, the General Assembly appoints the particular days of their meeting, in order to take the steps previous to the settlement, prescribes the whole course of their procedure, and con- stitutes them, in that particular case, the ministerial ofl&cers of the General Assembly, who are not allowed to exercise their own judg- ment, but are required implicitly to obey the instructions given by their superiors. As the existence of the society depends upon the maintenance of this paramount authority, ministers have often been censured, and sometimes deposed, when setting their own judgment in opposition to that subordination which the constitution implies, and which their solemn promise at the time of their ad- mission bound upon their conscience, they have finally refused to comply with the orders of the supreme executive power. It may be impossible for a court which sits only once a-year for ten days, to decide all the questions that are brought before it ; and circumstances may occur in the intervals between General Assem- blies, which call for the interposition of the supreme executive power of the Church. The constitution of the Church of Scotland, therefore, is completed by the Commission of the General Assembly ; a court composed of the Moderator and all the members, with the addition of one who is named by the Moderator, which meets after the Assembly is dissolved, without the representation of the So- vereign, and may be considered as a committee of the whole house. EXECUTIVE POWER. 413 Tke Greneral Assembly gives power to the said Commissioners, or tlieir quorum, which is declared to be thirty-one of their number, whereof twenty-one are always to be ministers, to meet within the assembly-house, the first day after the dissolution of the Assembly, and thereafter the second Wednesday of August, third Wednesday of November, and first Wednesday of March, and oftener, when and where they shall think fit and convenient, with power to chuse their own Moderator. And it empowers them finally to determine, as they shall see cause, in every matter referred to them by the Assembly ; appointing, however, that no private processes be deter- mined except at the four stated diets, and that what shall be deter- mined at one diet of the Commission, with relation to private causes, shall be unalterable by any other diet thereof, and shall continue in force till disapproved of by the General Assembly. As, amongst the annual instructions given to the Commissioners, they receive a general direction, " to advert to the interest of the Church on every occasion, that the Church, and present establishment thereof, do not suffer or sustain any prejudice which they can prevent, as they will be answerable," they may find it expedient to meet oftener than at the four stated diets ; and a Commission is legally constituted at any time when thirty-one of the Commissioners, whereof twenty- one are ministers, finding themselves assembled in any place, pro- ceed to chuse a Moderator. It has been usual for the moderator of the last Assembly, upon the few occasions when an extraordinary meeting of the Commission has been held, to give public notice, at the desire of some members, of the day upon which it appears to them expedient to meet. But there is no reason to think that the Moderator of the last Assembly, by withholding his compliance with that request, can restrain the Commission from meeting, or that it would be incompetent for the Commissioners to act, although circumstances should prevent a quorum of their number from as- sembling upon the very day which he had named. As the Commis- sion is a delegated court, the Commissioners are accountable for all their actings to the next General Assembly, who may reverse their sentences, and find those who concurred in them censurable, if it shall appear that they have exceeded their powers ; that is, have either meddled in any other matters than what were committed and referred to them, or have acted contrary to the acts and consti- tution of the Church, or to the prejudice thereof. But, within these limits, the Commission is vested with the executive authority of the General Assembly ; and, by carrying into effect the sentences and judgments of the Church, has, in many important cases, main- tained that subordination of judicatories in which consists " the unity and vigour of our political system." From this delineation of the constitution of the Church of Scot- land, it appears that the distribution of power amongst the courts of which it is composed, is artificial and skilful. The judicial power ascends through all the courts, terminating in the General Assembly : The legislative both originates and ends there, with this restriction upon the exercise of it, that, without the concur- rence of a majority of presbyteries, the General Assembly cannot enact any standing law : The supreme executive is lodged in the General Assembly, whose orders direct and controul the inferior 2i 414 KIRK SESSIONS. branches, until the whole body declare that they are illegal. In this distribution of power, there is sufficient energy and vigour for the dispatch of business ; there is a tardiness only with regard to that which of all things requires the most deliberation, the enact- ment of permanent laws ; and there is a provision made for the constitutional operation of that jealousy natural and proper in all republics, by which the rights and liberties of the inferior branches are defended against encroachment ; and the General Assembly, however respectable by the description of its members, and the various offices assigned it, is effectually restrained from making in- novations. This constitution gives the ministers of the Church of Scotland a voice in framing those regulations which are enacted to direct their conduct. It affords them such opportunities of display- ing personal talents as are unknown under episcopal government, and it has a tendency to form that manly, enlightened, and inde- pendent mind, which becomes all who are employed in the ministra- tions of the sacred office. II. The Judicatories of the Church of Scotland.* 1. KIRK SESSIONS. The lowest judicatory in the Church of Scotland is the Kirk Ses- sion ; composed of the minister of the parish, who is officially mode- rator, and of lay-elders. New elders are chosen by the voice of the session. After their election has been agreed \xpon, their names are read from the pulpit, in a paper called an edict, appoint- ing a day, at the distance of not less than ten days, for their ordination. If no member of the congregation offers any objection upon that day, or if the session finds the objections that are offered frivolous, or unsupported by evidence, the minister proceeds, in face of the congregation, to ordain the new elders ; that is, to set them apart to that office by prayer, accompanied Avith an exhortation to them, and an address to the people. According to the ancient laws and the universal practice of the church, elders are required, at the time of their ordination, to declare explicitly their assent to all that is contained in the Confession of Faith. f 'The session is legally convened, when summoned by the minister from the pulpit, or by personal citation to the members. B\it it cannot exercise any judicial authority, unless the minister of the parish, or some other minister, acting either in his name, or by appointment of the pres- bytery, constitute the meeting by prayer, and preside during its de- li l)erations. It has a clerk of its own nomination, and an officer to execute its orders. 2. PRESBYTERIES. The number of parishes which may compose a presbytery is inde- linite. In some of the populous districts of Scotland, there are •'■ Part II. § 4, p. 212, and in 2d edit. p. 80. t Act 7th, Assembly 1(590. Act 11th, 1694. Act 11th, 1700. Act 4th, 1720. See sentence of General Assembly in cascot Dundee, 1800, session 7th. PROVINCIAL SYNODS. 415 thirty ministers in a presbytery : in some remote situations, where a few parishes cover a great district, not more than four. As the General Assembly has the power of disjoining and erecting pi'esby- teries at its pleasure, their bounds may be altered, or their number increased, according to the change of circumstances. At present, there are seventy-eight presbytei-ies in the Church of Scotland. A presbytery consists of the ministers of all the parishes within the bounds of that district, of the Professors of Divinity, if they be mi- nisters, in any university that is situate within these bounds, and of representatives from the kirk-sessions in the district. Every kirk- session has the right of sending one elder ; so that unless there be a collegiate charge or an university within the bounds of the district, the number of ministers and of elders in any meeting of presbytery may be equal. Independently of the local business of the district, which generally requires frequent meetings in the course of the year, two meetings are necessary for the annual choice of its repre- sentatives in the General Assembly ; one, at which a day, not less than ten days distant, is appointed for the election ; another, at which the election is made. A moderator, who must be a minister, is chosen twice a-year. The presbytery has a clerk of its own nomination, and an officer to execute its orders. 3. PROVIXCIAL SYNODS. Three or more presbyteries, as the matter happens to be regulated, compose a provincial synod. There are at present fifteen provincial synods in the church ; most of which meet twice in the year. Every minister of all the presbyteries, within the bounds of the synod, is a a member of that court, and the same elder who had last repre- sented the kirk-session in the presbytery, is its representative in the synod ; so that the number of ministers and of elders may be equal. Neighbouring synods correspond with one another, by sending one mi- nister and one elder, who are entitled to sit, to deliberate, and to vote with the original members of the synod to which they are sent. At every meeting of synod, a moderator, who must be a minister, is chosen. A synod has its own clerk and officers. 4. GENERAL ASSEMBLY. The highest ecclesiastical court is the General Assembly. The 936 ministers who enjoy* benefices, and possess ecclesiastical au- thority in Scotland, attend personally the presbyteries and synods into which they are distributed ; but they sit in the supreme court by a representation ; and the proportion which the representation of the 'several presbyteries in the General Assembly, bears to the number of parishes within each presbytery, was settled not long after the Revolution, in the following manner if " That all pres- byteries consisting of twelve parishes, or under that number, shall send in two ministers and one ruling elder; that all presbyteries consisting of eighteen parishes, or under that number, but above twelve, shall send in three ministers and one ruling elder ; that all * Dr Singer's statement of the numbers, &c. of the clergy of Scotland, t Act 5th, Assembly 1694. 416 GEKEKAL ASSEMBLY. presbyteries consisting- of twenty-four parishes, or under that number, shall send in four ministers and two ruling elders ; and that presbyteries consisting of above twenty-four parishes, shall send five ministers and two ruling elders : That collegiate kirks, where there used to be two or more ministers, are, so far as concerns the design of this act, understood to be as many distinct parishes ; and that no persons are to be admitted members of Assemblies, but such as are either ministers or ruling elders." And as the number of the mi- nisters of Edinburgh continued to increase after the Revolution, it was provided by a subsequent act,* " That each presbytery whose number doth exceed thirty ministerial charges, shall send to the General Assembly six ministers and three ruling elders." The sixty-six royal burghs of Scotland are represented in the General Assembly by ruling elders ; Edinburgh sending two, and every other burgh one : and each of the five universities in Scotland is re- presented by one of its members,f who may be either a minister or an elder. * Act 6th, Assembly 1712. t By Acts of Assembly 1641 and 1704, the Scots Kirk of Campvere was empowered to send commissioners to the General Assembly ; but that establishment was abolished, some years ago, by the Batavian Kepublic. Oa the 30th May 1814, an Act of Assembly was passed for the es- tablishment of a branch of the church in India. The Directors of the East India Company having agreed to the endowment of three churches at the three Presidencies of Bengal, Madras, and Bombay, the Assembly, upon a report by a committee, of which Dr Hill, Dr Inglis, Dr Lamont, and Dr Brown were members, resolved " to con- tinue in full union and connection with the church of Scotland," the several ministers who might be appointed to those charges,— em- powered them to nominate elders, and to constitute kirk-sessions, subject to the ecclesiastical jurisdiction of the Presbytery of Edin- burgh; and authorised "the three chaplains and their kirk-sessions to unite in any manner that they may find expedient, in sending one minister and one elder as their representatives to the General As- sembly of the Church of Scotland." The representatives of the church in India have accordingly been constituent members of al- most every Assembly since the date of the act, — and although it has been held by some that the act is not authoritative, never having been transmitted to presbyteries in terms of the barrier act, and as being an extension of the settled representation of the church, in the General Assembly, the commissions from India have always been sustained. The branch in India may, in fact, be regarded as coming in place of that of CatBpvere, now cut off, and therefore as inferring no alteration on the composition of the Assembly, as fixed 53' the 5th act of Assembly 1694. An attempt, indeed, was made in the Assembly of 1821, to cast the commission from the churches in India,— but it was completely frus- trated, and the doctrine laid down by Dr Hill, (as quoted at p. 457,) that the General Assembly has the power of disjoining and erecting presbyteries at its pleasure, and altering their bounds, or increasing their number, or extending branches of our church to foreign parts, GENERAL ASSEMBLY. 417 According to this proportion of representation, the General As- sembly, in the present state of the church, consists of the following members : 200 Ministers representing Presbyteries. 89 Elders representing Presbyteries. 67 Elders representing Royal Burghs. 5 Ministers or Elders representing Universities. 361 according to the change of circamstances, was fully confirmed by the votes of 1 34: to 82,— the latter of whom supported a motion for transmit' ting the act as to the Indian churches to presbyteries in the form of an overture. This supreme power of disjoining and erecting presbyteries, and erecting churches in the colonies, and thus adding to the represen- tation of the church, consistently with thepro visions of the act lG9i, was supported in the discussion by reference to the cases of Campvere, Da- rien, Orkney, and Zetland. Inthe first, the right to send representatives though created by an act 164:1 — fifty-eight years before the barrier act was passed, was confirmed in 1701 — seven years after its enact- ment. In the case of Darien, the members of the Scottish church in that colony, were assured by their commission from the Assembly, July 21, 1699, (only two years after the barrier act passed,) that such as came from them " will be received as members of the General Assembly, and of this church, and of their commission for that year in which they come." And in 1725, twenty-eight years after the passing of the barrier act, the presbytery of Orkney was divided into three presbyteries — Zetland being also erected into a separate one — and a proportionate addition made to the number of representatives. These instances were adduced as proofs that the arrangement, with respect to the churches in India, was no infringement either of the principles of the barrier act, or of the inherent supreme and super- intending power exercised by the General Assemblies of the church in the erection of presbyteries and synods, or sections of these, from the earliest times of its history : — and the arrangement relative to the churches in India by the act 1814, without transmitting an over- ture to presbyteries on the subject, was defended on the precedents now referred to, in which the power of the Assembly, subsequently to the passing of the barrier act, was fully exemplified, and had never been challenged. In certain reasons of dissent, as well as in the dis- cussion of 1821, it was said that the case of Campvere took place be- fore the barrier act, — but it was not stated that that was confirmed after the barrier act ; and these particulars are stated to counteract the tendency of a disingenuous and ribald publication, which was put forth at Edinburgh in Sept. 1821, with a view of raising doubts as to the legality of our establishment in the East, and casting obloquy on the Assembly, by which its existence and rights were fully recog- nised — Edit. It may be noticed here, that in the Assembly 1829, it was decided in the case of the Rev. Edward Irving, that preaching elders, having an actual cure, whether in Scotland or elsewhere, are ineligible as ruling elders to the General Assembly. The soundness of this de- cision may well be doubted. 418 GENERAL ASSEMBLY. It appears from this list, tliat if all the three htindred and sixty- one members of Assembly were present, the majority would be ministers : But in the Assembly 1806, the fullest I ever Avitnessed, there sat only three-hundred and twenty-two.* There had voted in the competition for a vacant office on the first day of meeting 314. The moderator, the two candidates who were members, and one other member, who was present, did not vote. But four mem- bers arrived on some of the following days. The General Assembly, so respectable from the number and the description of the persons who compose it, is honoured with a re- presentation of the Sovereign by the Lord High Commissioner, whose presence is the gracious pledge of protection and countenance to the Established Church, and the symbol of that sanction which the civil authority of the state is ready to give to its leg-al acts. The Church of Scotland claims the right of meeting in a General Assembly, as well as in inferior courts, by its own appointment. But it also recognises the right of the supreme magistrate to call ?ynods, and to be present at them ; and the two rights are easily reconciled, when there subsists between the church and the state Jhat good understanding which the true friends of both will always btudy to cultivate. As, by the constitution of the Church of Scot- land, the ecclesiastical business of the country cannot be conducted without the frequent meeting of General Assemblies, the act 1592, which established Presbyterian government, declares, that " it shall be lawful to the kirk and ministers, every year at the least, and oftener ^;ro re nata, as occasion and necessity shall require, to hold and keep General Assemblies :" And the act, June 7, 1690, which restored the Presbyterian church government, ratified and esta- blished by act 1592, " appoints the firet meeting of the General Assembly of this ohureh, as above established, to be at Edinburgh, the third Tuesday of October next to come in this instant year 1690." In pursuance of these acts, the General Assembly meets annually, now always in the month of May. On the first day of meeting a moderator is chosen ; it has a respectable establishment of clerks and officers ; it continues to sit ten days, and is then dis- solved, first, by the moderator, who, in the name of the Lord Jesus, the King and Head of his Church, appoints another Assembly to be held on a certain day in the month of May of the following year, — and afterwards by the Lord High Commissioner, who, in his Majesty's name, appoints another Assembly to be held upon the day which had been mentioned by the moderator. The times of electing members of Assembly and the forms of the instruments of their election, which are called their commissions, are precisely regulated by acts of Assembly ; and a strict conformity tj the regulations prescribed by these acts is indispensable. On the evening before the Assembly meets, commissions are lodged with the clerks, Avho prepare from them a roll of Assembly, to which they are afterAvards instructed to add the names of mem- bers whose commissions are given in on subsequent days, and from * In the Assembly 1823, the number who voted was 300, and a good miuiy paired off. GENERAL ASSEMBLY. 419 which they are instructed to erase the names of those whose com- missions are found informal. On the day appointed for the meeting of Assembly, which i& always a Thursday, the Lord High Commissioner goes in state to the High Church of Edinburgh, where a sermon is preached by the moderator of the last Assembly ; after which his Grace proceeds in state to the Assembly House, which is an aisle of the High Churchy where a thi-one is prepared for Ms reception. The moderator of the last Assembly opens the meeting by prayer, the clerks read the roll of members which they had prepared, and one of the ministers upon that roll is chosen moderator. The first business of the new moderator is to receive a communi- cation, from the throne, of the commission appointing the Noble- man who delivers it to represent the Sovereign, and of a letter from the Sovereign to the General Assembly. After the royal commis- sion and letter are read by the principal clerk, and ordered by the house to be recorded, the Lord High Commissioner addresses from the throne a speech to the Assembly, and the moderator, in their name, makes a suitable reply. The court being thus constituted, a committee is appointed to prepare an answer to the King's letter ; and if the General As- sembly judge it proper, in the circumstances of the times, to present an address to the Sovereign, the same committee is instructed to frame a dutiful and loyal address, embracing the topics which had been suggested in the motion for an address. Another committee is appointed to examine commissions. Both committees meet on Thursday evening. The clerks having, upon Thursday, been di- rected by the Assembly to divide, under the inspection of the mode- rator, all the members upon the roll which they had prepared, into two great committees, — the committee of bills and the committee of overtures, — the names of the members upon each committee are read by the clerks in the Assembly upon Friday — a meeting spent in prayer — during the intervals between two of the addresses to Heaven, offered by the ministers whom the moderator calls to pray : additions are made to each committee, as other members arrive. These two great committees hold their first meeting on the evening of Friday, the second on the evening of Saturday, the third on the evening of Monday. They meet afterwards as they are appointed, and no business comes before the Assembly but through them. To the committee on bills are given in all papers relative to private causes which come from the inferior courts. To the other committee are given in overtures, that is, propositions from synods, presbyteries, or individual ministers, for a new law of the church, for the repeal of an old law, or for any regulation or exercise of ecclesiastical authority which circumstances appear to require. Either committee may refuse to transmit to the Assembly what is laid before them : but the business may be brought in under the form of protest. Although they have not the absolute power of ex- cluding any matter from the consideration of the Assembly, the resistance which they make to the introduction of it is a call upon the Assembly to examine with a degree of suspicion what is thus resisted. 420 SUBORDINATION OF JUDICATORIES. Upon Fridaj-, ministers are named to preach before his Grace the Lord High Commissiener, in the Pligh Church of Edinburgh, on the two Sundays during his commission. Upon Saturday, the General Assembly examines the answer to the king's letter, and the address to the king, if any had been ordered ; which, having been prepared by the committee appointed for that purpose, pass through the committee of overtures, and form the first part of its report to the Assembly. The committee on commissions having been also instructed to report to the com- mittee on overtures, any objections made to commissions, form the second part of its report, and occupy the attention of the Assembly before it can enter upon any further business. Upon Saturday or Monday, as the ease happens, the Assembly, having discussed the objections to commissions, receives other parts of the report of the committee on overtures, and the report of the committee on bills ; and proceeds to make such arrangements as the nature and extent of the two reports render expedient. In discussing business, the General Assembly has adopted some of the forms necessary in all great meetings, the observance of which, supported by the authority of the moderator, and the general feeling of the house, is commonly sufficient to preserve a becoming degree of order. Upon a division, the sense of the house is collected by the names on the roll being called by one of the clerks, and the votes, as they are given, being marked by the principal clerk, under the eye of the moderator. Council are heard at the bar of the Assembly, when it is judging private causes, but not when it is discussing overtures, which are matters of internal regulation ; and, although most of the questions which come before a church court may be presumed to be not of general, but of local concern, yet occasions often arise when the education and habits of the clergy, together with the legal know- ledge and extensive information possessed by some of the lay mem- bers who take part in the discussion, render the debates in the (reneral Assembly an interesting object of attention to all classes of the community. 5. SUBORDINATION OF JUDICATORIES. Tn order to understand the constitution of the Church of Scot- land, it is necessary to consider the four courts which have been de- scribed, as they are bound together by that subordination which is characteristical of Presbyterian government. Tn all governments conducted by men, wrong may be done from bad intention, from the imperceptible influence of local prejudices, or from some other species of human infirmity. To prevent the continued existence of wrong, it is providctl, in every good govern- ment, that sentences which are complained of may be reviewed ; and although there must be a last resort where the review stops, the security against permanent wrong will be as effectual as the nature of the case admits, if there is a gradation of authority, by which those who had no concern in the origin of the proceedings, have a right to annul or confirm them, as they see cause. This is the great principle of our republican constitution, which does not invest any individual with a control over his brethren, but employs SUBORDINATION OF JUDICATORIES. 421 the wisdom and impartiality of a greater number of counsellors to sanction the judgments, or to correct the errors of a smaller. When presbyteries pronounce decisions "with regard to manses and glebes, they act in a civil capacity, discharging a function which the law of the land has committed to them for the benefit of the established church ; and their judgments, possessing an autho- rity which is derived merely from human law, may be aflfirmed or reversed by the civil courts. But every ecclesiastical business that is transacted in any church judicatory, is subject to the review only of its ecclesiastical superiors, and may come before the court im- mediately above it in four different ways. 6. RIGHT OF CONTKOL IN A SUPERIOR COURT. 1. The sui)erior court may take up the business by an exercise of its inherent right of superintendance and control. For in testi- mony of that subordination of judicatories which pervades the Church of Scotland, it is a standing order, that the books, contain- ing the minutes of the inferior court, shall be laid before the court immediately above it. In the ordinary course of ecclesiastical transactions, this is often neglected. But a superior court maj", at any time, issue a peremptory mandate for the production of the books of its subordinate judicatories ; and having the whole train of their proceedings thus regularly submitted to its inspection, it may take such measures as, upon this review, appear to be neces- sary, in order to correct errors, to redress wrong, to enforce the ob- servance of general rules, and to promote the edification of the people, in the several districts within its bounds. RKFERENCE. 2. "When an inferior court entertains doubt, or apprehends diffi- culty and inconvenience, it sometimes declines giving a decision, and refers the matter upon which it had deliberated to the superior court, whose wisdom may solve the doubt, and whose authority may obviate the inconvenience. In this case, the members of the court which had referred are not precluded from sitting and judging with the court to which the reference is made, in the same manner as if it had come from any other quarter. Although inferior courts are entitled, by the constitution, to refer to the court above them, and although a reference may, in some circumstances, be highy proper, it is, generally speaking, more conducive to the public good, that every court should fulfil its duty by exercising its judgment ; and it is not creditable for judges to refer in any case where suspieions> may be entertained, that the reference arose from a desire to retain the right of voting in the superior court. APPEAL. 3. When a party conceives that the jiidgment of an inferior court is unjust or erroneous, he is entitled to seek redress by appeaKng- to the court above it. The appeal, if condticted in the regular manner which the laws of the church prescribe, stops the final exe- cution of the judgment, brings the whole proceedings of the court which had pronounced the judgment under review, and sists the members at the bar of the superior court ; that is, they are not eu- 422 SUBORDINATION OF JUDICATORIES. titled to deliberate and vote in the review of their own judgment ; but they are called to state, in such manner as they think proper, the reasons upon which their judgment proceeded ; so that the sentence appealed from is commonly defended before the superior court, both by the party who considered it as favourable to his in- terest, and also by the members who concurred in pronouncing it. If the members of an inferior court have acted according to the best of their judgment, and with good intention, they incur no blame although their sentence be reserved : but they are answer- able to the sui>erior court for every part of their conduct in the business brought under review, and they may be found deserving of censure. COMPLAINT. 4. It is possible that the judgment of an inferior court may be favourable to the views of the only party who had sisted himself at their bar ; that it may do no wrong to any individual ; or that the party who is aggrieved may decline the trouble of conducting an appeal : and yet the judgment may appear to some of the members of the court contrary to the laws of the church, hurtful to the in- terests of religion, and such as involves in blame or in danger those by whom it is pronounced. In this case, the minority have a right to record in the minutes of the court their dissent, by which they save themselves from any share of the blame or the danger ; and they have also a right to complain to the superior court. This complaint brings the whole proceedings under review, and sists the members who concurred in the judgment, the complainers, and all parties, at the bar of the superior court ; and if the complaint ap- pear to be well founded, it may have the eflfeet, not only of bring- ing censure upon those who concurred in the judgment complained of, but also of reversing that judgment, and placing matters in the same situation in which they were before the judgment was pro- nounced. It was, in my remembrance, a matter of doubt, whether, if there was no appeal by a party, a complaint from the minority of a court could have the effect of reversing the judgment of the majority. But the doubt has been completely removed by a number (if decisions in diffei'ent years, conformable, in my opinion, to the nature and reason of the case ; and it is now understood to be part of the law of the church, that upon a complaint from the minority of an inferior court, the court of review may dispose of the sentence complained of, in the same manner as if it had been brought before them by the appeal of a party.* The members of every church * The sentence here subjoined will serve as an example how far the effect of a complaint may go. Assembly 1798, sessions. "A dissent and complaint by Mr Robert Home of Polwartli, Dr Robert Douglas at Galashiels, and others, from a sentence of th<3 Synod of Merse and Tiviotdale, of 24th October last, respecting the settlement of Mr James Young in the parish of Ivegertwood, heard : Tv/o seve- ral motions were made, and the roll being called, and votes marked, the Assembly, by a great majority, found, that Mr James Young was not qualified, according to the laws of this church, to accept tiie presentation to the church of Legertwood; and therefore reversed TRIAL OF THE QDALIFICATIONS. 423 judicatory are thus taught to consider themselves as guardians of the constitution ; they are called to attend, not only to the particular business concerning which they judge, but also to that general in- terest of the church, which, in the eye of parties, may be of little importance ; and they have the satisfaction of knowing, that by discharging their duty with intelligence and firmness in the inferior courts, they may, in the end obtain full redress of the injury which the church might have sustained by judgments in which parties were willing to acquiesce. III. Of the Admission of Ministers into the Church of Scot- land."^ 1. TRIAL OF THE QUALIFICATIONS. The laws of the state require those who enter into the Establish- ed Church, to take the oaths of allegiance, in testimony of their at- tachment to the civil government. But they leave the church in virtue of the powers derived from its Divine Founder, and agree- ably to the directions delivered by his apostles, to try, examine, and finally decern with regard to doctrine, literature, and moral cha- racter ; and, ujjon any question respecting those points, they do not admit the possibility of appealing from an ecclesiastical to a civil court. Accordingly the church, in her standing laws, prescribes the previous education of intrants to the ministry, the amount of the testimonials which they must bring from the professors under whose inspection their education was conducted, the nature of the exercises which they have to perform for the satisfaction of those by whom they are tried, and all the other prerequisites, in order to their obtaining what is called a Licence tu preach the Gospel. When a student has gone through a full course of philosophy in some universit}^, and has, after finishing that course, continued to prosecute the study of divinity for the time prescribed, he may be proposed to a presbytery, in order to be taken ui^on trials. But the church, with a becoming jealousy of her most sacred right, does not the sentence of the Synod of Merse and Tiviotdale in October last, complained of, recommending to the Presbytery of Lauder to sustain that presentation : Found, That the Presbytery of Lauder acted with sreat irregularity in proceeding, as they stated at the bar, to admit Mr James Young upon the 6th of December last, notwithstand- ing the dissent and complaint of several members of the Synod : An- nulled all the proceedings of the Presbytery of Lauder in relation to the settlement of the parish of Legertwood, subsequent to the meet- ing of the Synod of Merse and Tiviotdale in October last ; rescinded the settlement of Mr James Young, and declared the parish of Legertwood vacant, as if no such settlement had taken place. The Assembly appointed an extract of this sentence to be sent by the Moderator in a letter to George Kerr, Esq. of Moriston, patron of the parish of Legertwood ; and appointed the Presbytery of Lauder to meet the second Thursday of June next, in order to appoint sup- plies for the vacant parish of Legertwood." * Dr. Hill's A^'iew, 2d edition, page 54. 424 TRIAL OF THE QUALIFICATIONS. permit presbyteries to take any student upon trials without the consent of a superior court, known in Scotland by the name of the Synod ; by which means, if a report unfavourable to the character of the candidate has arisen in any of the jiresbyteries of which the synod is composed, his trials cannot proceed till the matter be en- quired into. If presbyteries are guilty of oppression in trying those whom the synod allows them to take upon trials, redress may be ob- tained by an appeal to their ecclesiastical superiors. But as there is more reason to apprehend that presbyteries will discover too much facility in the trial of young men than too much severity, they are wisely invested with powers ample, and, in some respects, discretionary, lest the apprehension of being wantonly brought into embarrassment and trouble for acting according to their conscience, might prove an additional temptation to remissness in the discharge of an important duty. As the Church of Scotland does not sustain a licence granted by the dissenting classes in England, or by any community of Chris- tians in foreign countries,* all those whom she considers as licen- tiates, are persons of whose character, literature, and abilities, some presbytery had the fullest opportunities of judging; and who, at the time of their being licensed, testified their attachment to the doctrine, worship, discipline, and government of this church, by .subscribing the subjoined formula.! They are under the inspec- * Act 9th, General Assembly 1779. " The General Assembly, upon the report of their committee for overtures, finding that a con- siderable majority of the presbyteries of this church have now iigreed to an overture anent persons going to be licensed and ordained without the bounds of this church, did thereupon agree, without a vote, to turn the said overture into a standing act ; and accordingly the General Assembly did, and hereby do, enact and pro- hibit all persons educated or residing within the bouuds of this church, from going out of its bounds to obtain licences to preach ; and prohibit all preachers, licensed by this church, from going with- out its bounds to obtain ordination, unless they are called to a par- ticular congregation in another country: And enact, that licences obtained in that manner shall not be received, or have any effect in this church ; and such preachers as contravene this act. shall forfeit the licence formerly given them, and be no longer entitled to the privileges which belong to a preacher of the Gospel in this church." t By act 10th, Assembly 1711, the licencing, ordaining, and ad- mitting any who shall not subscribe, before they be licensed, or- dained, or admitted respectively, the formula here subjoined is pro- hibited and discharged. — " I do hereby declare, that I do sincerely own and believe the whole doctrine contained in the Confession of Faith, approven by the General Assemblies of this national church, and ratified by law in the year 1G90, 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 Presbyterian government and discipline, now so happily established therein ; which doctrine, worship, and church-government, I am persuaded, are founded upon the word of PRESENTATION OF THE PATRON. 425 tion, and, in some respects, subject to the orders of the presbytery within which they reside ; and the nature of their situation is pro- perly expressed by the ecclesiastical name probationers ; a name which reminds them that the course of their studies, as well as their general conduct, should be directed with a view to their future es- tablishment ; and that, during the time of their probation for the ministry, although they have no right to dispense the sacraments, they may improve their talents for composition and elocution, by preaching occacionally as they are called. In the Church of England, neither priests nor deacons orders are conferred without a title ; that is, without a connection with some place where the sacred office is to be exercised, and from whence the person who applies for orders may derive a maintenance. But it is impossible to demand the production of such a title from those who are proposed for trials in a church, which does not admit of a plu- rality of benefices having the cure of souls, which requires every minister to reside in his parish, and presumes that he is to do the