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 I INQUIRY OX MISSIONS, 
 
 * AND 
 
 THE STATE OF RELIGION 
 
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 LIBRARY 
 
 OF THE 
 
 Theological Seminary 
 
 PRINCETON, N.J. 
 
 Case,jsi^yr~r. Divisjri n 
 
 Snelf. ofbp^i Section . . -:' 
 
 Book, No _., 
 
 
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COLLECTIO 
 
 AND 
 
 OBSERVATIONS 
 
 Concerning the Worship, Discipline, and Go- 
 vernment of the CHURCH of SCOTLAND. 
 
 Bi four BOOKS. 
 By WALTER STEUART of Pardovan. 
 
 Unto which are added, 
 
 Tlie Form of Procefs in the Judicatures of the Church, 
 with Relation to Scandals and Cenfures ; 
 
 AND, 
 
 The Second Book of Difcipline ; or, Heads and Conclufions of 
 the Policy of the Kirk, approved of by Acl of AfTembly 1581 : 
 
 ALSO, 
 
 A Chapter of a celebrated Treatife, concerning the Caufes of the 
 prefent Corruption of Chriflians, and the Remedies thereof. By 
 the Reverend Profeflbr Oftervald at Neufchatel in Switzerland. 
 
 EDINBURGH: 
 
 Sold by W.Gray, front of the Exchange, and R. Inglis, Potterrow. 
 
 M, DCC, LXX. 
 
PREFACE. 
 
 IT was the happinefs of Scotland, very early, perhaps as eaHy 
 as the apollolic age, to receive the Hght of the glorious go- 
 Ipel : and although, as was the cafe with the reft cf the Chriftiaii 
 world, this light came to be greatly obfcured, by the ambitious 
 incroachments of the church of Rome ; yet it is evident, that in 
 Scotland it was never entirely extinguilhed. For, in fome of the 
 remoter parts of our country, in fome of thofe very iilands which 
 we are now apt to confider as the feats of ignorance and barbarity, 
 lived a people, remarkable for fnuplicity of manners, purity cf 
 behaviour, and unaffedted piety towards God. Thefe never liib- 
 mitted to the ufuVpations of the Papal tyranny ; and thefe were 
 *' the little leaven which afterwards leavened the whole lump." 
 Of their number, a Columbus and a Kentigern Vvcre famous in the 
 fifth century, and a Clemens and Sampfon, in the feventh. 
 
 And even in the tenth age, when the darknefs cf corruption 
 and error had greatly increafed, we are told, there were fome 
 godly men in Scotland, who taught the true dodtrine of Chrift^s 
 atonement, and continued to cxerciie their fundlions apart by them- 
 felvcs, without acknowledging the authority of thofe who affumed 
 a fpiritual power over God's heritage. But it was not till about 
 400 years after this, that any thing of a general reformation began 
 to appear. Then " indeed waters broke forth in our wildernefs, 
 " and ftreams in our dcfert." ■ Nor was all the cruelty of bi- 
 gotted zeal able to deftroy this heavenly plant ; but, watered by 
 the blood of a Ilclby, a Hamilton, and a Wiihart, it grew ftrong- 
 er andilronger, till thoufands flocked to its rcfrefliing fliade, and 
 took Iheltcr under its branches. 
 
 To fupport and animate thefe, and carry on the glorious work fo 
 happily begun, providence raifcd up a man of apoftolic piety and 
 reiolution, v/hafe zeal awakened the attention, and whofe pru- 
 dence conduced the zeal of his countrymen, in fiiaking oiF the 
 Romilh yoke. Every one will immediately perceive, that 1 ipeak 
 of the famous John Knox, that great inilrument of our refci-mation, 
 whofe name wi]I be precious to lateil ages. 
 
 The civil diircnfions which then prevailed in the country, did 
 nor a little befriend the reformation. And the bcM attempt of 
 the Popiih cjcrjry to get the whole power into their own hands, on 
 ths (.k.vM of Jamc^; Y . opened the crcs cf raany \vl19 tifi then had 
 
 a . remained 
 
iv PREFACE. 
 
 remained infenfible ; while the hope of enriching themfelves vv^th 
 the revenues of the church, made others ready to join in abolilh- 
 ing Popery. And thus, from different principles, a barrier was 
 formed in defence of the reformation, which all the fraud and 
 cruelty of the Queen-Regent, or theaddrefs and deftruclive charms 
 of her unfortunate daughter, were never able to overturn. Nay, 
 thofe very meafures which they took for crulliing the Protellant 
 interert, by the tender mercies of our God, proved the means of 
 cflablilhing it, and hallened the overthrow of the Papal power in 
 this country. So that, in 1560, the elTential doctrines of genuine 
 Chrillianity were publicly acknowledged by the Hates of the king- 
 dom, and the corruptions of the church of Rome condemned. 
 
 Hitherto the llruggle principally had been about the doctrines 
 of religion, as of the tirlt and greatell importance ; but thefe be- 
 ing now in fome meafure fecured, our reformers turned their at- 
 tention to the government of the church, which, under the Pa- 
 pacy, had become a fyflem of worldly power and intereil, and, 
 inflead of promoting religion, tended to excite and llrengthen fome 
 of the wcrfl paffions in the human mind . 
 
 A plan for the worJhip and government of the church was ac- 
 cordingly drawn up, not merely in conformity to the church at 
 Geneva, as one of our modern hiftorians aiTertcd ; but luch a plan 
 as to our pious anceftors appeared moll agreeable to the mind of 
 God in fcripture, and the pradice of the primitive church. 
 
 It is true, this plan was widely different from that of the church 
 of Rome. In it there was nothing to gratify ambition or avarice ; 
 but an amiable, a grand fimpliciry runs *^hrough the whole ; flichas 
 fiiited the worihip of the humble Jefus, and the nature of that king- 
 dom v/hich is not of this world. 
 
 But although our reformers thus freely gave up with all in the 
 Romiih church which could pleafc a fenfual mind, it was no part of 
 their opinion, that the worihip of God jhould be mean and gro- 
 velling, or the miniilers of religion be rendered incapable of dif- 
 charging the duties of tlieir fundicns, by poverty, or depend upon 
 the changeable humours of people for their fublillence. Tliough 
 they gave up with all views of living in affluence upon the revenues 
 of the church, and did not look upon tliefe as the property of the 
 clergy ; yet did they eilcem them a fund facrcu 10 religious pur- 
 poles, to be employed in fupporting the clergy with decency, main- 
 tahiing the poor, and edacathig the youth of tlie nation. 
 . So that Knox, and the other Iciding inftrumentv of the reforma- 
 tion, were very far from encouraging that dil pidation of churph- 
 
 rcvenues 
 
PREFACE. V 
 
 J-eWues which afterwards took place. Nor were they the perfons, 
 whatever has been alledged, who were for demoliihing the very 
 fabrics of the churches, and all that was decent and cleanly in the 
 places of public worihip. Nor the firll was often done hi diredl 
 oppofition to their warmell remonllrances, by the lov/er clafs of 
 people, who had long groaned under the oppreilive tyranny of 
 the monks and Popiih clergy; while thofe of higher rank, who 
 had the revenues of the church in their hand, could fcarce be pre- 
 vailed upon to employ them in a way which would prevent the 
 other. 
 
 But although this form of worfhip and government was embra- 
 ced by the friends of the reformation in Scotland, and praftiledby 
 them, fo far as their fituation would allow ; yet it was not till the 
 year 1592, that it received the fandion of civil authority, and be- 
 came the national order. And even when the Prelbyterian church 
 feemed thus eflablilhed, her tranquillity was but of ihcrt duration : 
 for there remained in the country a itrong party, who, either re- 
 taining a fecret regard to Popery, or thinking it pmdent to recede 
 as little as pollible from the old pradice, were for adopting that 
 form of church-government which had been eiuiblilhed in Eng- 
 land. The people of this perfuafion continued with great keennefs 
 to oppofe Preibytery : and though they could not, for fome time> 
 procure an abfolute repeal of the laws m its favour ; yet, by repeat- 
 ed innovations, they gradually deilroyed their efed:, till at lalt 
 they got a kind of mixed Epifcopacy fubitituted in its place, which 
 continued to be the form of the church in this country till the 
 breaking out of the civil wars. 
 
 The true Prefbyterians, Hill very numerous in Scotland, having 
 now appeared with their ufual zeal in fupport of civil liberty, were 
 well intitled to the countenance of the parliament ; whereas the 
 friends of the hierarchy, both in Scotland and England, had ren- 
 dered themfelves and their opinions obnoxious, by fuppcrting the 
 crown in thofe arbitrary and unconilitutional meafures which firil 
 inflamed the nation-. This occafioned the calling together that af- 
 fembly of divines, which, about the 1648, met at Weilminiler: 
 An alfembly which, whether we conlid^T the number, learning, 
 or piety, of the perfons who compcd'ed it, may well be compared 
 with the ancient councils. This venerable body, after a long and 
 candid examination, agreed to tlie fchcnie of dodrines, and the 
 form of worfl-iip and government, contiiined in their confcilicn of- 
 faith and directory, ^^-hich is, in fubftance, the fame with wiiat 
 had tieen cftablilhed in the . beginnmg of the reformation. This 
 
 ccnfeffio:! 
 
Vi PREFACE. 
 
 confcllion and dircdoiy was loon after received by the church of 
 Scotland ; which had now recovered fomething of its former power, 
 and continued, if not to iiouriih, at leall to exift, till the Relto- 
 ration ; when the King, forgetting all the promifes made during 
 his afflictions, and the fervices done him by the Scots Prelbyterians, 
 abolilhed their government, and permitted a moll cruel perfecution 
 to be carried on againll them ; becaufe they would not abjure all 
 their known principles, conform to the Epifcopal government^ 
 and acknowledge him head of the church. This perfecution in 
 Scotland continued during the vv^holc reign of Charles 11. and King 
 James his brother, whofe open attachment to Popery, and purfuit 
 of arbitrary meafures, at lall awakened the zeal of the nation, and 
 produced that ever-memorable revolution in 1688, v/hich, as- Vol- 
 taire elegantly expreffes it, may well be called the, j£ri7 of Britifh 
 liberty. The happy confequences of this <:hange the Prelby terians ^ 
 in Scotland immediately felt, not only in refpect of civil property, ■ 
 but alfo in the full ellabliihment of that worlhip and government 
 in the church, to which they had difcovered a moll ileady attach- 
 ment during a cruel perfecution of eight and tv/enty years. 
 
 Let me now adduce a few tcftimonies for the church of Scot- 
 land, which may be found in a little book, intitled, The Govern- 
 ment and Order of the Church of Scotland^ printed at Edinburgh 
 in anno 1641, and reprinted there by the fociety of llationcrs, 
 for George Moffman //; anno 1690. I wifli every miniller in 
 Scotland had one of them. It was done by the pains of a ge- 
 nerous Engliih gentleman, v.dio was very inquifirive iiUo the or- 
 der and conilitution of our Church, who tells he was llrongly 
 drav/n to the liking of this church, by the teflimonies given toth.c 
 reformation thereof by fomenioil famous vvdtnefies which he relates. 
 
 The//-// is, of that worthy Scots martyr Mr George Wilhart. 
 " This realm ihall be illuminated with the light of Clu-ill's gofpcl, 
 " as clearly as ever was a realm lince the days of the apolllcs. 
 " The houfc of God fliall be buildcd in it, yea it iliall not lack, 
 " whatfoevcr the enemy imagine to the contrary ; the very top- 
 " flone, the glory of God Ihall evidently appear, and fliall once 
 " triumph in defpite of Satan : But alas, if the people Ihall be af- 
 '' ter unthankful, then fearful and terrible Ihall the pL.gues be 
 *' that after ihall follow. " Hijl. of the Church of Scotland, p. 108. 
 
 The/'cw/f/ is, of Beza, after he had vifitcd Scotland, writing 
 to John Knox, epifl. 79- " This is a great gift of God, that you 
 **• h;ivc broueht into Scotland to^^CLhcr, pure religion and good or- 
 
 " dcr 
 
PREFACE. vii 
 
 der, which is the bond to hold fail the doclrine. I heartily 
 pray and befcech for God's fake, hold fall thefe two together, 
 to that you may remember that if one be loft, the other cannot 
 long remain. As bilhops brought forth Popery, fo falfe bifhops, 
 Hhe relicls of Popery, ihall bring in to the world Epicurifm. 
 " Whofocvcr would have the church fife, let them beware of this 
 *' peft. And feeing yon have timely difpatchcd it in Scotland, I 
 " bcfeech you never admit it again, albeit it flatter with Ihew of 
 " the prefer vation of unity, which hath deceived many of the 
 " bcft of the ancients. 
 
 The third is, of the body of the confeffion of faith, p. 6. ''It 
 " is the rare privilege of the Church of Scotland before many, in 
 " which refped her name is famous, even among ftrangers, that 
 " about the fpace of fifty-four years, without fchifm, let be herefy, 
 *' file hath kept and holdcn fuft unity, with pur&y ofdodlrine. 
 " The greatell help of this unity through the mercy of God, was, 
 " that with the doftrine, the difcipline of Chrill and the apoftles, 
 " as it is prefcribed in the word of God, was by little and little 
 " together received ; and according to that difcipline fo near as 
 " might be, the whole government of the church is difpofed : By 
 " this means all the feeds of fchifms and erroi-s, fo foon as they be- 
 " gin to bud, and iliew themfelves in the very breeding and birth, 
 " were fmothered and rooted cut. The Lord God out of his in- 
 '* finite goodnefs grant unto the king's moil gracious Majeily, 
 " to all the rulers of the church, to the povi^ers that are the nur- 
 " fers of the church, that according to the word of God, they 
 '' may keep perpetually that unity and purity of doftrine." 
 
 The fourth is, of King James VI. {Bajil. Dor , to the reader .") 
 " The religion profeifed in this country, vv^herein I was brought 
 *' up, and ever made profeilion of, and wilhes my fon ever to ccn- 
 '' tinue in the fame, as the only true form of God's worlliip, drr. 
 *' I do equally love and honour the learned and grave men of ei- 
 " ther of thefe opinions, that like better of the fingle form of po- 
 *' licy in our church, than of the many ceremonies of the church 
 *' of England, (drc . I exhort my fon to be beneficial to the good 
 *' men of the miniftry, praifmg God that there is preiently a fuf- 
 " ficient number of good men of them in this kingdom, and yet 
 *' arc they all known to be againft theform of the Englilh Church." 
 And in the aifembly 1590, his Majeily praifed God, " for that he 
 " v/as born to be a king in the fincercll church in the world, where 
 '' religion was moil fcundly and fmcerely profeifed." 'Before his, 
 Majeily went to England, it has been oft heard what was his vcr- 
 
 did 
 
viii PREFACE. 
 
 did of the Engliili fervice. As alio when he was fettled in 
 England, what was his anfwer to the Eifhop of Bath, when he in- 
 quired hov/ it came to pafs, that there were not errors and here- 
 lies in the church of Scotland wherewith their church was plagued ? 
 Hefaid, " The order and government of that church, was fuch 
 '' as guarded againft all thcfe ; for fo foon as any error appear- 
 " ed, the kirk-feihon took notice of it ; if it was too hard for 
 ** them, it came to the prelbytery, and from that to the fynod, 
 " and at laft to the general affembly, and nothing could efcape 
 *' them.'' 
 
 The fifth is, Brightman, our own countryman, joineth the 
 churches of Helvetia, Swevia, Geneva, France, Holland, and 
 Scotland, all together into one church, for the counter-pain of 
 the church of Philadelphia. " Becaufe" faith he, " they al- 
 *' moit live by one and the fame laws and manner of government, 
 *■'■ as touching any matter of moment ; neither doth the diltance 
 *' of place break off that focicty, which the conjoining of mind 
 " and good- will coupleth together." Plaving thus joined them in- 
 to one church, he fabjoineth concerning it : " Loath would I be 
 *' to provoke any man to en\y, or to grieve him with my words ; 
 '' yet this I mull fay, there is no place where the dodrine found- 
 " eth more purely, the worfliip of God is exercifed more uncor- 
 *' ruptly, where more faithrul diligence of the paflors doth fiou- 
 *' riih, or more free and willing obedience is given by the people, 
 '' nor yet where there is greater reverencing of the whole religion 
 *' among all orders.'' And afterwards faith, " Neither doth it 
 *' only keep the dodlrine of fal vation free from corruption: but it 
 *' doth sifo both deliver in writing, and the excrcife in praftice 
 '' that fmcere m:^nner of government, whereby men are made 
 " partakers of fal vation." This in his Commentary on the Re- 
 veliition^ iii. 7. 
 
 To thefe n^ay be added, what upon the one hand is faid by thefe 
 of the feparation in their firft petition to King James, infert in 
 their apology to the doctors of Oxford. " We are willing and 
 " ready to fubfcribe to thefe grounds of religion publiflied in the 
 *' confeiFion of faith, made by the churcji of Scotland, hoping in 
 *' the unity of the lame faith to be favcd by Jefus Chrifl, being alfo 
 *^' lilce minded for, and with other reformed churches in points of 
 *' greatell moment." 
 
 And upon the other hand, that the meeting of minifters for in- 
 terpreting fcripture, like unto their prefbyteries, were allowed by 
 Arundel, Kutton, and Matthew, threis archbifnops in England, 
 
 and 
 
PREFACE. 
 
 IX 
 
 atid proved \'"eiy profitable in the northern parts for Increalc of 
 knovvledgeboth in miniitcrs and people. 
 
 But all thefe, faith that gentleman, and the like teftimonies, were 
 to me but like the laying of the woman of Samaria to lier country- 
 men, till I did more fully underiland the conllitution and order of 
 that church; then did i believe, not becaiife of their tcllimonies, 
 but becaufe I did fee and know, and from that which I have I'een 
 an J do now know. *' When I have walked and gone round 
 *' about that church, when I have told the towers thereof, mark- 
 *' ed well her bulwarks, and confidered her palaces,^' 1 may 
 without oifence affirm three things. 
 
 1. '■'■ That God hath not dealt fo v/ith every nation.'' If envy 
 would permit, I might lay, anynathn^ as he hath dealt with them, 
 whereof no caufe can be given but his own good pleafure. He 
 flievveth mercy and makcth the fun to fliine on v/hom and where 
 he will, and of him, and through him, and for him, are all things. 
 
 2 . It is no wonder though that nation Hand to the defence of 
 their reformation : Had the Lord been pleafed to blefs us with the 
 like at the time of our reformation, we would not have been 
 fo unwife as to make exchange of it with Prelacy ; wc would have 
 forfaken all things rather than to have forfaken it. It is more Ifrange 
 that any Ihould have been found amongil them at any time, to fpeak 
 or do againil their own church. For, faith Cicero, offic. l. i. 
 " But after you have with your reafon and mind, made a general 
 " furvey of all focietics, there is none more grave, more dear than 
 *' that which each one of us hath with this country; parents are 
 *' dear, children, friends, familiars, are dear : But our native 
 *' country alone taketh all thefe within their compafs : for which 
 ^' v.- hat good man will doubt to die, could his death ferve her 
 " for good. So much the more deteilable is their barbarity, who 
 " hath with all kind of wickednefs rent afunder their native 
 " country, and both are and have been exercifed in overturn- 
 *' ing her from the very foundation." If a patriot fpeak 
 fo of his countiy, a citizen fo of his republic, what ihculd the 
 ChriiHan, born, baptifed, and bred in Scotland, think and fay, if 
 he has been born there, not only to this mortal, but to that im- 
 mortal and everlaftincT life. No chil.ircn on earth have better rea- 
 fon to fay, IV e dre not ajhanied of cur mother^ and it were to be 
 wiflied that the fayino; were reciprocally -true. 
 
 3 . Having the pattern of all the reformed churcjies before us, 
 and this example fo near unto us, wltat need we to ftand amazed, 
 as not knowing what to chuf^ ? To abide thr^ which we have 
 
 b been 
 
K 
 
 PREFACE. 
 
 been, is neither profitable norpoITiblc ; to conjoin the two in one, is 
 but the mixture of iron and clay, and mutt needs make the diltem- 
 pcr greater. It were well for us, and no other thing well for us 
 cm 1 fee, that laying afide our high conceit of ourfelves, and the 
 low elleem of other reformed churches, we would refolve to fol- 
 low them as they follow Chiiit, and not to defpife the government 
 of Chiiit, becaufe they feem to be but mole-hills : but to conform 
 to them becauie they are conformed to Chrilt, a?id to the pattern 
 jhezueci hi th^ 7iiount, 
 
 Such is the high eftcem in which our excellent ecclefiaftic con- 
 Ititution has been held by the molt eminent perlons of different 
 ranks, both at heme and abroad : And as the following collections^ 
 (wherein the fullclt view of its tendency to promote the great ends 
 cf rehgicn in the fpiritual and eternal welfare of thofe who fhall 
 embrace it, is exhibited, that ever has been publifhed,) are now 
 become fo fcarce, that a copy of them has been with difficulty pro- 1 
 cured for many years, the publiiher judged a new edition of them. 1 
 would be no unacceptable fervice to the public , 
 
 PRE- 
 
PREFACE 
 
 To Pardovan's Collections. 
 
 IT was matter of regret, efpccially about the bepiining of onr 
 happy Revolution in the year 1689, that the judicatures of this 
 .'church, very much wanted hxed and cflabhihed rules, for direc^- 
 iing their proceedings ; or, though t.hey liad them, yet they Ic^y fo 
 ;fcattered and hid, that intrants to the holy minilliy, and the young- 
 ;er paflors, yea even fome among the more rged of that {licrcd or- 
 der, were too much flrangers to them. The confidcration wlicrc- 
 iof, did chiefly move me to fct about this work : And if my endca- 
 |vours herein, may but a little contribute to the benefit cr fcrvice 
 of the office-bearers and guides of this church, it is a reward greater 
 than I deferve. And till a better compend be compofcd, thefe 
 |colle(5lions are humbly offered, to be -recommended by profcHbrs 
 to their lludents : For, except this fubject be lludied and undcr-^ 
 Hood by miniilers and elders, their memories may well be burden^, 
 ed with their duty, but their judgements, till then, Ihall Hill re^ 
 main ignorant and unfatisfied about it. 
 
 Now, as for thofe of our neighbour churches in this and th.e 
 other illand, who now differ from us, I hereby prefcnt them with 
 that form of the houfe of God in Scotland, with which their 
 pious, wife, and learned predeceiTors did once fo paffionateiy dc- 
 fn-e uniformity. So that whenever it fliall pleafe our great and good 
 God to animate their fuccelfors with the like fpirit, they may fall 
 about building conform to this pattern. Not that I propofe this 
 work as the deed of the Church of Scotland, or of any judicatory 
 therein ; only in fo far as vi'hat is colleded or obfcrved in it, fliall 
 be found fupported by their ad:s or univerfal cuftoms. 
 
 The materials of thefe colledions, and in particular, of what is 
 faid on that title concerning parochial vifitations by prcfbytcries, 
 were chiefly gathered from, and lay fcattered among the old and 
 late manufcript and printed ads of general affemblies ; The over- 
 tures concerning difcipline, tranfmitted by them to prefbyterics, 
 the direclory for worfhip and church-government, and the ccnfti- 
 tutions of fome other churches have been helpful to the complet- 
 ing of the compofure. Befides, I thought it not improper to add, 
 here and thcie, fome hints of civil laws, which I hope the reader 
 will n,ot find unufeful or impertinent, feeing there are fome cir- 
 
 b z cumiLancc", 
 
xu 
 
 R E F A C E. 
 
 cumftanccs concerning the worlliip of God, and the government 
 of his church, common to human anions and focieties, which are to 
 be ordered by the light of nature and Chriftian prudence, accord- 
 ing to the general rules of the word . 
 
 I have divided thefe colledlions into four books. T\\tfirjl treats 
 of church-government, which principally concerns her office-bear- 
 ers and judicatures. The fecond is concerning the worfhip of God 
 and facred things, with what relates to the maintenance thereof. 
 The third 2indfourfh books treat of church-difcipHne ; the one con- 
 cerning errors and fcandals ; and the other about the method of 
 reclaiming and cenfurmg the erroneous and fcandalous. 
 
 CON- 
 
O N T E N T S, 
 
 Pardovan's Collections. 
 
 BOOK I. 
 
 ;Tit. Page. 
 
 J. Of the cIe£lion and ordination of paftors i 
 
 ;II. Of tranfportation and admifllon of minifters 14. 
 j 111. Of aft s of tranfportability, of dirailTions, and millions, and 
 
 colleague minifters 20 
 
 IV. Of expeftants, as alfo of ftudents and burfars 23 
 
 V. Of fchoolmafters and inftruftors of youth 30 
 YI. Of doftors and profelTors of theology 3 2 
 
 VII. Of ruling elders ^4 
 
 VIII. of deacons ^6 
 
 IX. Of moderators of church-judicatures 38 
 
 X. Of clerks, readers, and precentors 39 
 XL Of church- feflions 41 
 
 XII. Of prefbyteries 4^ 
 
 XIII. Of parochial vifitations by the prelbytery 47 
 
 XIV. Of provincial fynods c2 
 
 XV. Of extraordinary fynods, and general aflemblies ^5 
 
 XVI. The order of the rolls of church-judicatures, and rank- 
 
 ing of church office-bearers, and of her regifters 74 
 
 XVII. Of vifitations of fchools and univerfities, ,77 
 XV HI. Of a general council of proteftants ho 
 
 BOOK 11. 
 
 I. Of lefturing, preaching, catechifing, public prayers be- 
 
 fore and after fermon, finging of pfalms, and minifterial 
 benediftion g2 
 
 II. Of family- worfliip 87 
 
 III. Ofbaptifm oo 
 
 IV. Of the Lord's fupper ^7 
 
xi7 CONTENTS. 
 
 Tit. ... Page. 
 
 V. Of the fblemnization of marriage 107 
 
 VI. Of vifitation of the fick 1 14 
 
 VII. Of burial of the dead, Ij'ke- wakes, and dirges ^117 
 
 VIII. Of minifterial vifitation of families 1 1 8 
 
 IX. Of fan<f^ification of the Lord's day ; and obferving faft 
 
 and ihanklgiving days 121 
 
 X. Of collections and recommendations for the poor 126 
 XL Of provifion for fchools and univerfities /T'. 
 
 XII. Of the immunity and union of churches 128 
 
 XIII. Of churches, church- dikes, manfes, yards, glebes, 
 
 bells, utenfils, ornaments, books, and high roads to 
 
 churches 130 
 
 XIV. Of tithes, ftipends, and mortifications 134 
 
 BOOK III. 
 
 L Of apoftacy, and atheiftical opinions of deifls 14a 
 
 II. Of papifls, quakers and Bourighionifts 143 
 
 III. Of fchifm, and prelacy, and of the laws and a£ts for pre- 
 
 venting innovations and errors 150 
 
 IV. Of witches and charmers 158 
 
 V. Of blafphemy, curfing, profane fwearing, and lottery 163 
 VL Of the profanation of tlie fabbath. Of not obferving fad 
 
 and thankfgiving days. Of withdrawers from, and 
 difturbers of the public worfhip of God, and oblervers 
 of fuperftitious days, 1 65, 
 
 VII. Of flandering and alTaulting of miniflers, beating and cur- 
 
 fing of parents, and injuries perfonal and real 169 
 
 VIII. Of bribery, partiality, and negligence of judges lyi 
 3X. Of deforcement of c' ,rch-officcrs 173 
 X. Of murder, parricide, duels, and felf-murder 174 
 XL Of inceft, adultery, bigamy, rapes, fornication, cf de xcncre 
 
 monjircfj. 180 
 
 XII. Of penny bridals, promifcuous dancing, fiage-plays, im^ 
 
 modefty of apparel, drunkennefs, tippling, and a£ls in 
 general againft profanenefs. 1 85 
 
 XIII. Of theft, facrilege, uRiry, falfehood, beggars and vaga- 
 
 bonds 19' 
 
 XIV. Ofartandp^rt iS/^ 
 
O N T E N T- S. XV 
 
 BOOK IV. 
 
 Tit. Page. 
 
 I. Of fcandals and church-difcipline in general. Of the method 
 
 of proceeding with the fcandalous, and how fcandals 
 
 are to be tabled before chufch-judicatures 197 
 
 II. Of the tranfa^tion and prefcription of fcandals 204 
 
 III. Of libels, probation, and citation 205 
 
 IV. Of the vocational and perfbnal faults of miniflers and pro- 
 
 bationers, how they are cenfured, and of the method of 
 proceeding to cenfure, and of reponing them againit 
 thefe cenfure s 216 
 
 |V. Of fentences and their reviews. ^^pj^leeiiiBrtiv^s, referen- 
 I ces and appeals. ^.^-^M .v-i?'^'^^'" ^^ '^t, ^^9 
 
 VI. Of the order of proceedj^tq^axGomrmii^^^tjQS y^ 2/3 
 • VII. Of the order of procemig tb Sbfotution. t. 2 40 
 
 PORM of Process in the^iliS^lj^p^'iW'^the Church. 
 
 Chap. Page. 
 
 I. Concerning church -government, difcipline, fcandals, and 
 
 cenfures in general 243 
 
 II. Concerning tthe entering of procelles, citation of parties 
 
 and witneflcs, and taking depofitions, and anent fugitives 
 from dikipline 244 
 
 III. Concerning fwearers, curfers, profaners of the Lord's day, 
 
 drunkards, and other fcandals of that nature 248 
 
 IV. Concerning the (in of fornica: ion, adultery, and fcandalous 
 
 carriage tending thereto 249 
 
 V. Concerning appeals from a kirk-feflioAv:toa prefbytery, &c. 252 
 
 VI. Concerning procelles which natively begin at the kirk-fef- 
 
 feflion, but are not to be brought to a final determma- 
 tion by them 254 
 
 VII. Concerning procelles againft minifters 255 
 VIIL Concerning procelles in order to the cenfure of the 
 
 greater excommunication 25S 
 
 IX, Concerning the order of proceeding to abfolution 261 
 
^i CONTENTS. 
 
 The Second Book of Discipline. 
 
 1 
 Chap. Page. \ 
 
 I. Of the kirk and policy thereof in general, and Vvherein it is ! 
 
 diffcent from the civil policy 26 
 
 H. Of the policy of the kirk, and perfons and office-bearers ^o 
 
 whom the a<lminiftration is committed 26 
 
 m. How the perfons that bear ecclefiafticaj fun^ions are to be 
 
 admitted to iheir office z6 
 
 IV. Of the office-bearers in particular, and firft of the pallors 
 
 or miniilers 26 
 
 V. Of doftors, and their office, and of the fcbools 2 7 
 \I. Of elders and their office 27 
 "VII. Of elderfnips, aflcmblies, and difcipline 27 
 
 VIII. Of the deacons and their office, the laft ordinary fun^ion 
 
 of the kiik 27 
 
 IX. Of the patrimony of the kirk, and diflribution thereof n 
 
 X. Of the office of a Chrillian magiftrate in the kirk 27 
 
 XI. Of the prcfent abufes remaining in the kirk which we de- 
 
 fire to be reformed 2 7 
 
 XII. Certain fpecial heads of reformation which wc crave 2K 
 XIIL The utility that fhall flo.v from this reformation to all 28 
 
 eitatcs. 
 
 Want of difcipline flievvn to be a great caufe of the prc- 
 fent corruption of Chriiiiaps. By ProfclTur OikrvalJ. zSr^ 
 
 C O L- 
 
C OLLECTIONS 
 
 AND 
 
 OBSERVATIONS 
 
 Methodized, d^c. 
 
 BOOK I. 
 
 T I T L E I. 
 
 Of the Ejection and Ordination of PaJIors* 
 
 § i./^UR Lord Jefus ChrJft hath inftituted a govern- The ^i^^nnfi-^ 
 \^P ment and governors ecclcfiafhcal in his houfe, ^j^^ ^^^3!^^.^.^^ 
 with power to meet for the order and govern- the divine 
 ment thereof: and to thtit purpofe the Apoftles did im- warrant and 
 mediately receive the keys from the hands of their LordP^^y^^ of her 
 and Mafter Jefus Chrift, who hath, from time to time> .^^^.5 ^^^^ 
 furnifhed fome in his church, with gifts for government, eldcrsiafTert- 
 and with commiHion to exercife it when called thereunto, ed. 
 And it is alfo agreeable to, and warritnted by the word 
 of God, that fome others, befides thofe who labour in 
 the word and doftrine, be church-governors, to join with 
 the minifters of the word, in the government of the 
 church, and exercife of difcipline : which office-bearers, 
 reformed churches do commonly call Ruling Elders. It 
 is likewife agreeable to the fame word, that the church 
 be governed by feveral forts of judicatures, fuch as, kirk- 
 •feffions, preibyieries, provincial and general ailemblies ; 
 iili which have power, one in fubordination to the other, 
 to call 'before rhem any pcrfons within their own bounds, 
 
 A whom 
 
2 Government of the Book I, 
 
 whom the ccclefiaflical bufinefs, which is before them, 
 doth concern, either as party or witnefs; fee cap. i. 
 aft 1 1, aflcm. 1707 ; he church of Scotland, by this 
 article, denies the independency of prefb\ teries and pro • 
 vincial fynods, as much as they do the independency of 
 a (ingle congregation. But till the churches become all 
 of one^mind in the Lord, and civil rulers become her 
 nurfing fathers, in their feveral independent kingdoms and 
 governments, it would feem, till thefc good days come, 
 the churches are to manage their own alTairs independent- 
 ly upon each other; not that this independency proceeds 
 either from fcripture, or the nature of the church, but 
 from reflraint and mifunderftandings. Sec the lafl: title 
 of this book. 
 The various § 2. Paftors, bifliops, and miniders, are they who are 
 names given appointed to particular congregations: in refpeft whereof, 
 ?.i!^i''^''%; fometimes they are called paftors, becaufe they feed their 
 tlesofdi"-nity congregaiicns; fometimes billiops, becaufe they watch 
 in ihe church over their flccks; lomerimes minillers, becaufe of their 
 favour of fervice ; fbnietimcs alfo preihyters or feniors, for the 
 ^ ^' gravity of manners which they ought and are fuppofed 
 to have. See Polity of the Kirk, cap. 4 By the aft of 
 Anembly, December '7. i^. ■6<8, art. 19. feeing the 
 office of diocefin or lordly bijfhop is removed and abjured 
 by this kirk, it is thought fit that all tirles of dignity, fa- 
 vouring more of Popery th/an of Chriftian liberty, as 
 chapters, with their eleftions and confccrations, abbots, 
 priors, deans, archdeacons, preaching deacons, chanters, 
 fub-chantcrs, and othe s, having the like title, be no 
 more ufed hereafter, under pain of church -cenfure. 
 Intimation § :^. When the preibytery are well informed that a pa- 
 
 tor the eledt- j.-|]^ £qj. ji^g j^Q^ J. jg unanimous to ekft a fit peilbn 
 ors to meet . ^ \ 
 
 is made by' ^" t)e their pallor, then they are to appoint one of their 
 
 the prefl^yte- number to preach on a Lord's day in the vacant congrega- 
 
 ry, but ordi- tjon, and, after forenoon's fermon, to intimate, that cl- 
 
 their^nrlTca- ^^^^> heritors, mngiilratcs, and town-council, (when that 
 
 tion. "a few vacancy happens in a burgh royal), and heads of families, 
 
 applying, do meet at the church on fuch a week day, ^being always 
 
 ftops the y.vj {.(.pj fpgg j_|^yg ^ftcr the intimation^, in order to the eleftmg 
 
 '"'' of a fit perfon to fupply theif vacancy. Which order feemeth 
 
 nwrt agreeable to that apoftolical nraftice, Afts vi \, 
 
 *' Wherefore, brctlircn, look ye olu among you {tvaw 
 
 *' men 
 
Tit. I. Church of Scotland. 3 
 
 ** men of honeO; report, full of the Holy GhofI:, and 
 *' wifclom, whom we may appoint over this biifinefs " 
 And the prefbytery, for ordinary, waits till the electors 
 apply to them for that intimation ; which application will 
 flop and interrupt the jus devolutum^ (of which hereafter), 
 although it he made by a few electors, becaufe their meet- 
 ing to aj'ply hath no convener 
 
 § 4, v.y the acl of AfTembly Augufl 4. 1649, the Who are ba- 
 kirk-fedion is to meet and proceed to the eleftion, \ elecLors, 
 and it doth mofl: properly belong to them, as the reprefen- whatmVkesa 
 tatives of that congregation, to look out for a fit perfon call legal, 
 to be their paftor. But feeing the heritors (efpecially fuch 
 as refide in the parifh) and magiftraies, with their town- 
 council, in burghs, are the moft lafb'ng, as well as the moft 
 confiderable heads of families, on whofe fatisfaclion and 
 afliftance the comfortable living of min'll:ers may much 
 depend, the :^3dacl-, ^t{^r>. of King William and Qneen 
 Mary's parliament hath joined them ("beir.g Proteltants) 
 with the elders, in fubfcribing of calls to miniflers. It is 
 to be minded, that both fcfhon and town-council do (iib- 
 fcribe perfonally as the heritors do. By the above-men- 
 tioned a£t of Allembly, no per/on, under the cenfure of 
 the kirk, is to be admitted to vote in the eleftion of a mi- 
 nifter. By the t)th a6c of the ^;.th felfjon of King William 
 and Queen Mary's parliament, all perfons whofoever, 
 giving voice in calling of miniflers, are,' at their meeting 
 appointed for that effecl, to fwcar the oath of allegiance, 
 ^ and fubfcribe the fame, with the afTurance. 
 
 § ^ Ty that fame lad:- mentioned aft of parliament, it is Whenapref- 
 enacled. That if application be not made by the elders ''y^'^''^ "^^^ 
 and heritors of the parifh, to the prefbytery, for the call |.',^^" ^^^.'^" 
 and choice of a minifter, within the fpacc of fix nionths qi/atn jurs 
 after the vacancy, that then the prefl^ytery may proceed devoimo. 
 to plant a minifter tanquam jure devoluto. See § ^. jv.b 
 finem. And that forecited aft of Afi^n^bly 1649, ap- 
 points, where the congregation is difaiTefted or malignant, 
 the preOjytery to provide them with a minifier. Where 
 a parifh, or its greater part, is remifs or erroneous, and 
 therefore will not, or delays to call a minifler, the pref^ 
 bytery. in that cafe, by their power from Chrifl, may 
 give a mil: on or call to a particular perfon, and ordain 
 
 A 2 him* 
 
4 Government of the Book I. 
 
 liim to labour in the work of the miniftry among that peo- 
 ple ; by virtue whereof, he hath right to enjoy both office 
 and benefice. "By the i8th canon concilii Antiocheni, it 
 is determined, " Si quis ordinatus non icrit in parochi- 
 " am ad quam eft oruinatus, non fua quidem culpa, led 
 *' propter populi recufarioncm, vel aliquam aliam caufim, 
 " quce a fe non oritur is fit et honoris ct muneris parti- 
 " ceps.'* 
 The meeting § 6 When the day is come on which the ele£lors w'ere 
 of electors ; appointed to meet, by the above-mentioned order of inti- 
 • rif T*^" maticii, the miniftcr, whom the prefbytery ordered to mo- 
 caU fifTiied • ^^rarc at the election, having ended fermon, and difniilP 
 the power of ed the congregation, except thefe concerned, is to open 
 the abfcnt e- the meeting of elcftors with prayer ; and thereafter they 
 ^ettois ac- proceed to vote tlie perfon to be their minifler, aj they 
 thefe prcfent. 3re called upon by the felTion-clerk, who is alfo clerk to 
 that meeting : which vote being taken and carefuHy 
 marked, the m.oderator is to pronounce ihe mind of the 
 meeting, viz That/ a call be given to the perftm named; 
 which the clerk is to have ready drawn up to be read and 
 figned by them in prefence of the moderator. 7"he 
 meeting of electors having been convened upon the pre{- 
 bytery's intimation, if either heritors, elders, or town- 
 council, be wanting or abfent, their power accrefceth to 
 thefe prefent, they having all had the lawful advertife- 
 ment given them, and none of thcfe diuinct bodies has a 
 negative upon another. 
 Fonii of a § 7 We the heritors, elders, pnd magiftrntcs of the 
 fall. town-council of being dcQitute of a fixed paftor, 
 
 and beiqg mod: alTured by good information, and our own 
 experience, of the minilterial abilities, piety, literature, 
 and prudence, as alfo of the fuitablenefs to our capacities 
 of the gifts of you Mr A. B. preacher of the gofpel, or 
 miniller at C. have agreed, with the ad /ice and confent 
 of tl'ic parilliioners f brcfaid, and concurrer.ee of the Rev. 
 prefbytery of D. to invite, call, and inrreat: I'keas, We, 
 by thcfe prelents, do heartily invite, call, and intreatyou, 
 to undertake the office of a pallor among us, and the 
 ctiargc of our fouls. And further, upon your accepting of 
 this our call, promife you all dutiful rcfpefi:, encourage- 
 n^,entj and obedience in the Lord, in wirr.efs whereof, &c. 
 
 § 8. There- 
 
Tit. I. Church of Scotland. 5 
 
 § F. Thereafter the moderator is to attefl, tliat, con-Theatteftati- 
 form to the prefbytcry's appointment, he did moderate at on of a call ; 
 the riiecting of electors, the plurality, or all whereof pre- ^^^^""^^^^ f^ 
 Tent, made*choice of Mr A B. to be their paftor at fucli^J^ daaors'. 
 time and place. Wiiich atteflation he is to figii upon the divide in vo- 
 Gall. See§ 5^. In cafe there be a parity among the e- ting, 
 le^iors votes, ('that is, v/hen they fplit or divide in their 
 caliing of two perfons), then the moderator muft either 
 be allowed the cafting vote, or elfe application muft be 
 renewed to the prefbytery to convene the eleftors a fecond 
 time. 
 
 § 9. The right of patronage, according to Streinius's Patronages 
 Summa juris canonici, is a power to prefcnt a fie perfon *lekiioed, 
 to a vacant church-benefice: which right is acquired feve- Q,jij.e^atfirft' 
 ral ways; as, i. \Yhen one gifti ground to build a church 
 upon. 2, If, with confent of the bifhop, one build a 
 church. ;^. If one beftows upon a church, or mortifies to 
 thefe ferving the cure thereat, fome confidcrable mainte- 
 nance. Thefc three ways are contained in that known 
 vcrfe, " Patronum faciunt, dos, cedificaiio, fundus." ■ 
 The -qth way is. An immemorial cuftom of prefenting. 
 5. By a privilege and gift thereto derived from the Pope 
 
 § 10. The right of patronages with us in times of the Patronages, 
 late Prelacy became lo twifted with other fecula-r intcreds, howconi^der- 
 that it was exprefsly avowed and pleaded for as a part of a f ii^derne- 
 man's private patrimony, the rights v/hereof he had fet- 
 tled and confirmed to him and his heirs, as thefe of his 
 other eilate, by charters under the feals, and might law- 
 fully fell and difpofe of it, and from which he could not 
 be excluded without injufiice ; .thefe rights were then 
 tranfmitted according to the common degrees and rules of 
 blond. 
 
 § II, This church maintains, That the patron's pre- "^^^^ opinion 
 tended privilege of a negative interefl in the call and ^f it ^^ '^ ^^^'^ 
 maintenance of miniflers, is a finful and wrongous ufur- 
 pation, without v/arrantfrom the word of God, deflrucl'Ve 
 of the true liberties and intereft of the church, and moH: 
 fcandaloufly oifenfive to all ranks of Chrillians therein. 
 This is gathered from their writings and (ermons, and a£l 
 of Alfembly Augufl 4. 1649. 
 
 § 1?.. Ihc minider who moderated the Call, and thefe Cdl prefent- 
 
 commifTioned to prolccute th.e fame, fnall next pic^byte- edandappro- 
 * *■ •' ved. 
 
 ry- 
 
Government of the 
 
 Book I. 
 
 Calls profe- 
 cut ed to ex- 
 pectants or 
 minilters. 
 
 Calling and 
 entry of a 
 iriniller is to 
 be dii'eiled 
 b} the pref- 
 bytery. 
 
 Ordinntion 
 defcribed : no 
 '}mmjlertum 
 vagttm. 
 
 Mens gifts 
 fM)u]d be 
 fuited to 
 llieir polls. 
 
 ry-day prefent the call to them. If they find no ground 
 to demur upon granting their concurrence, then they are 
 to grant the Paine, which the clerk is to fignify upon the 
 call. But if they find grounds to delay or rcfufe their 
 approbation, in that cafe thefe are to be particularly con> 
 defcended upon in their records: Thus the prefbytcry is 
 vindicated from arbitrary procedure, and parties concerned 
 have accefs to make anfwcr for ihemfclvcs. 
 
 § I ■{. If the call be to a probationer within the prcfby-'' 
 tery's bounds, then the prefbytety is to put him upon trials, 
 in order to ordination. But if he be under the^infpection 
 of another prefbytery, then the prefbytcry to whom the 
 call was firft prefented and with which they have con- 
 curred, is to write, or fend one of their number, together 
 with the parifli commiilioners, and defire that preibytery 
 where the probationer refides, to concur with them in of- 
 fering the call to him, and injoining him to repair to the 
 bounds to which he is called, and there fubmit to the ordi- 
 nary trials, in order to ordination. How the call fhould be 
 profecuted to a fixed minifler, fee in the following title. 
 
 § 14. It is to be remembered, that no probationer or mi- 
 nifter, is to receive any call to a vacant congregation, but 
 from the hands of the prefbytcry to which they belong ; 
 for, it is by their determination that the calling and en- 
 try of a miniiler is to be ordered and concluded. K. Wil- 
 liam and Q. Mary's pari. felT. 2. cap. ^■i,. 
 
 § I 5. Ordination is the fblemii a(5l of the prenb3'-tery, 
 fetting apart a perfon to fomc pubJick church.office : 
 For this fee the Direflory. It is agreeable to the word of 
 God, and very expedient, that fuch as are to be ordained 
 niiniflers be deflgned to fome particular church, or other 
 miniftcrial charge ; See the Direftory and Heads of the 
 Polity of the Kirk; as alfo the loth aft, chap, 1. of 
 the French church-difcipiine; wherein they agree, that 
 minifters fliall not be ordained, v/ithout alTigning them a 
 particular flock. 
 
 § 1 6 by the fame article, miniflers mufl; be fit for the 
 flocks which fliall be i.fFigncd unto them ; and by the aft 
 of AfTcmbly 1 596, ratified December 1638, it is determi- 
 ned. That bccaufe men may be fit for fome places, who 
 are not meet for others, the principal pLices are to be pro- 
 vided with men of moft worthy gifts j and none are to ac- 
 cept 
 
Tit. I. Church of Scotland 7 
 
 cept of a greater charge than they are able to difcharge. 
 Indeed, when a minifter is endowed with prudence, and 
 hath love and refpeft from his people, a greater charge 
 will beeafier to him than to another. 
 
 § I 7. On a probationer's accepting of the call of a pa- Trials of an 
 rifli, which is nnderftood to be done when he fubmits intrant to the 
 himfelf to the presbytery to undergo his trials in order "gJ^Jng^^!/^^ 
 to ordination, he is by them to be tried, as when he was ^^j^^ 
 licenfed, (for which fee that title), except the homilies 
 and previous catechetic trials. When the presbytery 
 is fatisfied of hi^ trials, they fend one of their number 
 to preach in that congregation, and after forenoon's fer- 
 mon, to intimate to them, that the probationer whom they 
 hnve called to be their minifter, his edift Vvas now to be 
 ferved. Which edicl, after reading by him or the pre- 
 center, is to be affixed by the bedal upon the moft pa- 
 tent church door : The tenor whereof is as follows. 
 
 §18. This prefbytery having received a call from the Fohti of an 
 parifh of to Mr A. B. preacher of the gofpel, to edid:. 
 
 be their mmifter, and finding the f .me orderly proceeded, 
 and the faid Mr A, B. having undergone all the parts of his 
 trial, inortier to his ordination ; and the prefbytery upon 
 the whole judging him qualified to be a minifter of the gof^ 
 pel, and fit to be paftor of this congregation, have refolved 
 to proceed, unlefs fomething occur which mayjuftiy impede 
 the fame : and therefore do hereby give notice to all per- 
 fons, efpecialJy the members of this congregation, that if 
 aiy of them have any thing to obje£l:, why the laid Mr A. 
 B. fliould not be admitted paftor here, they may repair to 
 the prefbytery, which is to meet at the day of 
 With certification, that if no perfon cbje6l any thing that 
 d:iy, the prefbytery will proceed without further delay. 
 § 19. The prefbytery meeting, as it was appointed by 
 the preceding, for receiving the execution of the edi£l, fhe edicl re- 
 which ought to be ten free days after ferving of the fame, turned and 
 the minifter who was appointed to preach at ferving of the executed. 
 td\£t, is to give an account of his diligence, and return the 
 edi^f indorled by himfelf or the precenrer and bcdal ; then 
 the prefbytery is to order their officer, three feveral times, 
 sr the moft patent door of the church, to give notice, That 
 if there be any tljere who has any thing to objccft againfl 
 the perfon called his being their minifter; they may come 
 
 and 
 
S Government of the Book I, 
 
 and do It to the prcfbytery ; with certification, as in the e- 
 dift. 
 Ordination- § 20 If there be no material impediment found, the pref- 
 oay fet, and byiery is to name a convenient day within Icfs than ten days, 
 intimated : jf jf Q^n be, fur their meeting to ordain the candidate at the 
 moft^c^onve^^ chiirch of the congregation to which he is to belong. '1 he 
 nicnt for the ^^J appointed for his ordination, is to be intimated from 
 fafft. the pulpit on the Lord's day preceding, inviting all to be 
 
 prefent, and telling them that they are to fet apart that day 
 as a fall: to be by them obferved with more than ordinary 
 fupplication, for the afTidance and bleffing of God upon 
 the ordinance of Chrill:, and labours of his fervant. But 
 the ordination-day is more proper for thankfgiving than 
 fafiing, and experience may confirm us herein : tor we 
 find, that on the account of fome things convenient to 
 be Acne tliat day, another before were fitter to be obferved 
 for the faft, 
 Popular ordi- § 2 1. Our church doth condemn any doflrine that tends 
 d^*'^"df"' ^o fupport the peoples power of ordaining their minifk-rs: 
 afts vl 3. ^'or by the 5th aft of Aflembly 1698, upon information 
 that a divine of the church of England, had in his fermon 
 charg d them as corruntersof the word ofG( d.vvho to fa- 
 your popular ordinations, hadcaufed that paiHige of fcrip- 
 tUFC, Afts vi 3. '* Whom we may appoint over this bufi- 
 *' nefs," to be printed, *' Whom ye may appoint," <kc. 
 the^^ did unanimouily difclaim the above-mentioned er- 
 ror of the prefs, and did declare, they did not own any o- 
 thcr rending of that text to be according to the original, 
 but " Whom WE may appoint," &c. 
 The ordina- § -^ The ordination-day being come, conform to the 
 tion-fermon, presbytery's appointment, one of their number preach- 
 ^r\dvre(^ce g^Uj . ^}-,£ f;_ibjeft of whofe fcrmon fnould be concerning 
 * the qualifications of miniilcrs, and the reciprocal duties 
 betwixt them and their people. The fermon, prayer, and 
 praifes after fermon, being ended, ti^e minider from the 
 puipit is to fhew the occafion of that day's meeting, and all 
 the fleps of the presbytery's procedure hitherto with re- 
 The qucPaons pp^ft to that aftVir. 
 
 edbv^hrin- § ^3* '^'^^'■' ^hc miniHer calls on the intrant, who, in 
 trant before face and a'fldience of the congregation, is t6 ap fwer to thefe 
 impofition of following qucflions : 1. If he doth believe me fcripruves 
 hands, or, kis ^p ^j.^^, j^,ij ^^^j a^t^^^, Tcilamcnis, and the trurhs therein 
 
 cn..-.urcnicirJs. contained. 
 
Tit. I. Church of Scotland. 9 
 
 conained, to be the word of God ? ?. If he doth own, 
 and will adhere unto the confelTion of faith, 2nd catechil ns 
 of this church, and doctrine therein contained, as being 
 founded on, and confonant to the holy fcriptures? j. If 
 he will be fairhful and zealous in maintaining all the truths 
 of rhe gofpel, t-ie unity of the church, and peace there- 
 of, againft all error and fchifm whatfoever, notwith(land;ng 
 of what trouble or perfecution may ha; pen ? 4. If he do 
 likewife own and will adhere to the vvor/liip, difcipline, and 
 government of this church, as being founded on, and confo- 
 nant ro the holy fcriptures? 5. If he hath been led in his 
 •defigning the work of the minlftry, by a fingle and fincere 
 love to God, and aim at his glory in the gofpel of his ilm, 
 and not by fihhy lucre, and the motives of worldly gain, 
 as the great inducement moving him to the minirterial work ? 
 6. If he hereby engage to be diligent and afli-luous in pray- 
 ing, reading, meditaning, preaching, adminidring thef^c a- 
 ments, catechizing, and exercifing of difcipline, and in 
 performing all other miniftcrial duties toward the people 
 comnjitted to his charge ? 7. If he refolves to own his or- ' ' 
 
 dinarion to the holy funftion of the minidry, and to con- 
 tinue in duty, notwithRanding of any trouble that may a- 
 ri(e in the church hereafter? v!ue ^^. 3. 8. If he will 
 humbly and willingly fnbmit himfelf unto the admonitions 
 of his brethren, and difcipline of this church ? Laflly, If 
 he will take care that he himfelf and his family fliall walk 
 unbl imeably, be examples to the flock, and adorn the 
 prolfenion of the gofpel by their converfation ? 
 
 § i'{. In the moll coiifpicuous place of the church, and The place 
 near to the pulpit, a table and feats being placed where the '^l'^^^^' ^"^^ 
 brethren of the presbytery, the heritors and elders of the j,^,.^ ordaiij- 
 congreeation, vv'irh the magiftrates and council, when in eJ. 
 burghs royal, are to fit, together with the intrant, fu that 
 all the minifters may conveniently give him impofition of 
 hands, and the others may take him by the hand, when 
 thereunto called: the minifter is to come from the pulpic 
 to the forefaid place, where the intrant kneeling, (for the 
 more decent and convenient lay'ng on of hands) and the 
 brethren ftanding, he, as their mouLh, in their Mafter's 
 name and au^JjjUty, •doth in and by prayer jj^ the candi- 
 date ap5r4(^or only the mlnider who prays, but all the 
 brcthrenJIhat conveniently can, laying their hands upoi^ 
 
xo Government of the Book I. 
 
 bis head) to the office of the miniftry, invocating God 
 for his bleffing to this effecl : 
 Direclnry for § 2 ^. Thankfully acknowledging the great mercy of 
 orciination Q^,^ j^j fcndH-ia jcfus Chrift foi the redemption of his pco- 
 * •^ * }>lc, and for his afcenfion to the right hand of God the 1 a- 
 
 thcr, and thence pouring out his fpirit. and giving gifts to 
 men, apoftlcs, evangeliils, prophets, pallors, and teach- 
 ers, for the gathering and building up of his church, and 
 for fitting and inclining this man to this great work, and to 
 intrcat him lo fit him with his Holy Spirit, to give him, 
 who, in his name, is fet apart to his holy (ervice, to fulfil 
 the work of the minifiry in all things, that he may both 
 favc himfclf and the people committed to hisci.arge. 
 The r'ght §. iO. The prayer being ended, the mini!ter u'ho mode- 
 
 hand of fcl- rates in the aft'on, and thereafter all the miniftcrs of the 
 i<f'\lued pt'cfbytcry, takes the pcrf.n ordamed by tnc right hnnd, 
 minilttr: the ^^yino; unto him, we give unto yo i the right hand of fcl- 
 conchii"on of lowfiiip, to take part of th- miniftry with us. Hien the 
 t-ac work. heritors, elders, and magiltrates, y hen in burghs, fliould 
 falute him as their miniiter, in taking him by the right 
 hand, as a tcftimony of their acceptance of him, Ti.en 
 ti e miniiler returning to the pulpit, after having had a 
 fliort and pertinent exhortation, both to the minifter and 
 people, he is by lolemn prayer to commend both pafiorand 
 flock to God's grace. Then he is to fing a part of aPfalm, 
 fuch as 132. from verfe 1 v and difiiiifs the congregation, 
 with pronouncing the blefTmg. . 
 Form of an ^ "7* "^ ^"'^ whilk day the prefbytery of ♦met at 
 
 aaofordina- the kirk of confidering that there had been a call 
 
 tion and ad- prefented upon the day of unt'oihem, from 
 
 piiiion. jj^^ heritors, elders and parifhioncrs of the faid parifii of 
 
 to preacher of the gofpel, to be their mini- 
 
 ftcr: To which call the laid prefbytery of their 
 
 cuncurrence was fought by the faid panlh, within the 
 bounds of ^'^hich prefbytery the faid parilh lies ; and with 
 which call the faid prclbytcry ciid concur, as their aSi 
 ihcreaneiit, dated &c bears: likcas, conform to the a^is 
 &nd conftitutions of this church, obferA^cd in the like cafes, 
 ai'd at the ddire of: the laid paiilh, ihc faid preibyrcry did 
 put the iaid Jjfc'" then only a~j)tobatioflef,-llfcldie i^arts of 
 hi'-, trial i'or the miiiiftry, a:^ is ufual, wherciiflfc was ap- 
 ^royeu to r.he ratisf;^<^tiOA of Uic i;iid preib.ytc(|f After 
 
 which. 
 
 f 
 
Tit. I* Church of Scotland. it 
 
 v/hich, the presbytery of did caufe ferve his edift at 
 the faiJ church of in the due and orderly form, on 
 
 a Sabbath day, being the day of whereby it 
 
 was publicly intimate to the faid congregation, thac in 
 cafe any perfon had any th'ng to objeft againil: the faid Mr 
 why he flioulJ not be ordained and admitted 
 minifier to the faid charge of they might apply 
 
 themfelves to the faid presbytery of which was to (it 
 St the day of where they fhould be fuily 
 
 heard ; with certification as efFcirs. And accordingly, the 
 brethren of the presbytery met at the day aforefaid, 
 
 and the ed'iS. being returned indorfed, and all parties con- 
 cerned in the faid congregation being lawfully called, and 
 none compearing to objeft againft the faid ordination and 
 admilTion, therefore, the faid presbytery did determine to 
 meet at the kirk of upon the day of in 
 
 order to the ordination and admilfion ot the faid Mr 
 to the faid parilli, and appointed Mr minidcr of the 
 
 gofpel at within their bounds, to preach at the faid 
 
 admiffion and ordination. Which being accordingly per- 
 formed, the brethren met presbyterially, taking the whole 
 matter to confideration, as faid is, did then and there, in 
 due order, and all requiiite formalities, folemnly ordain, 
 ad nit, and fct apart, by impcGtion of hands and prayer, 
 the faid Mr in face of the whole congregation there 
 
 prelent, to the facred order of the miniftry, in the faid 
 congregation and parifii ; and -afterwards was received to 
 niinifteripl communion by the brethren of the miniftry, 
 and by the heritors and elders as their miniftcr. This is 
 extracted, Sec, 
 
 ^ lb While the church doth enjoy peace, and is at full Crclinitiort 
 liberty, it is very reafonable that the above comely ovdcr f"^ '■'''"'^-'^'■^^ 
 fliouU be obferved ; but in troublefome times, and in ^'^f^^^Hl;^^]' 
 cafes of great neceflity, miniiters muft be ordained without 
 particular relation to a parochial charge, othcrwifc there 
 ihall be no ordination in times of perfecution. By sft 4* 
 chap ! of the French church-difcip!ine,iL isdeclarrd, That 
 in fuch extraordinary cafes, a min^fter of the gofpel may 
 be ordained by thr ee jgj niiters : bat ih times^f peace, by 
 no fewet^^MM|||Mpifhd in cafe the col4|[|p confiri; of 
 fewer, if^^^PPI^n fome of the ncighi^Hiring ir.iniftcrs 
 to accoinHHpat nunibcr. 
 
12 Government of the Book I. 
 
 The manner § 29. You will find the old manner of elefting and or- 
 
 of elco-ion da'ning of" miniflcrs at the beginning of" our Reformation, 
 
 and ordina- jj, Knox's fomis, prefixed to the old Pfalms, that it waspcr- 
 
 Reforniation ^''^^'"'''^^ without impofition of hands, and without a nurfe- 
 
 ry of expe^lants : which notwithfbnding was r.n ordination 
 
 both valid and lawful, cfpecially in that infant-ftate of 
 
 this reformed church. 
 
 Pe-orcllna- § 3^ I'y the "d and d articles, chap. i. of the French 
 
 tionofPopiili cliurch-difcipline, the biiliops, curates, priefl?, and iriars, 
 
 '''"- -^-j 
 
 cier>rv-. 
 
 ^"'^ among the Popifh clergy, turning Proteftants,were to be re- 
 c'lnibcnfs ^"' ordained by impofition of hands. And in the (ixth feiljon 
 of Adcmbly 1690, the moderator is allowed and autho- 
 rifed to declare, in their name, that they would depofe no 
 incumbents fimply for their judgement about the govern- 
 ment of 1 he church, norursie re-ordination upon them. 
 1 age ana § .^ 1 . None are allowed to enter the minidry, under 
 thoie to be t'"'^ 2ge or twenty-nve years, except lucn as the lynod or 
 ordained. Aflembly judge fir for the fiime : fee Allem. ^03 8, 1647, 
 and 1 704, fellion i> . Other churches have likewife very 
 much regarded the age of intrants to the miniltry ; for by 
 the 4th cr.nsn ccncuii fexti in Trullo/w. is faid. " fanclo- 
 *' rum divinorumque patrum nofirorum cancn in his quo- 
 '* que valeat, ut presbyter ante trigefimum annum non or- 
 " dinetur etiamfi (it homo valde dignus ;" which canon 
 agrees v/ith the / 1 th ccmil. Neoc^jar, This church 
 hath likewife a fpecial regard to the literature of intrants, (of 
 VI hi'- h more afterwards), and it is generally ei^leemed an ef- 
 fcntial accompliilimenr, that they lliould have tlfe Latin 
 tongue: for you will fee in the fupplement toCalderwood's 
 hidory, that in the AlTembly ; ~7.-, it was ordained. That 
 none ihould be admitted minillers, except fuch as can in- 
 terpret and fpeak congruous Latin, unlefs the General 
 Allembly, for their lingular gifts arid graces, found catife to 
 difpenfe therewith. Accordingly they have, both of old 
 and Qi' late, difpcnfeJ therewith ; particularly t: e Allem- 
 bly 1708, appointed the presbytery of Sky, after trial of 
 None having his other qualifications, to orda n one to be miniller at St 
 the Irifh Ian- Kikia, who v/antc-i theJLatin tongue. 
 SeFin'tt-r § 2^' B^^ . ih aa of Af]emb^6^ miniflers and 
 Rowlands ;m- probationei^mving the irilli languafeT sn'^fc|t to be fet- 
 rhefe born on tied in ihe low country, till the iiighlari^^B|s be firfl 
 the north H.'le provided : and by the i6th fedion oi the iiBJIKlTembly, 
 
 ofTa'^ to Ve^^ 1 • 
 
 ?\i V- J prcbbytcrics 
 
 fettled lii the 1 J 
 
 ^outh. 
 
Tit. I. Church of Scotland 13 
 
 presbyteries are to be cenfured who fettle any probationer 
 in the fouth who was born on the north fide of Tay (ex- 
 cept it be in the cafe of a call given to fuch probationers 
 by the city of i dinbiirgh) till they have been twelve months 
 in the north, without receiving a call there ; in which cafe ' 
 
 they are free to come (buth, and accept of a call ; and 
 any north -country probationer, who fliall be otherwife 
 fettled, is ^rfo fatlo tranfportable. And no doubt the 
 fame certification miiy be extended againft minifters and 
 probationers, having the Irifh. language, that are fettled in 
 lowland congregations, contrary to the forefaid aft, con- 
 form to the 1 !th aft: of ^flembly 170JJ. 
 
 § \ i. By the s ;-th aft of AfTembly 1 697, for the more ^o^ ^^]^^^ 
 expeditious planting of the north, the agent of the kirk, ^e^ f^ om^^e 
 or any pcrfi;n deputed by him, is authorifed to profecute north, and 
 calls from the north (ide of Tay, and other presbyteries how they dif- 
 therc mentioned, to any minifter belonging to any parifli ^^' -^^^ ^"^ 
 on the fbuth fide of Tay: but as for parillies in the fouth ^^^^^^^ 
 of Scotland, they profecute calls thus: After the call hath 
 been fig led and attefted, as in feft. 8. the moderator is to 
 propofc to the meeting, that they appoint fome of their 
 nr.mbcr, not only to prefcnt their call to the presbytery, 
 for their ai^probaiion and concurrence, but to profecute 
 the fame till it be brought to an ifTuc : wdiich commilfion 
 is to be figned by the moderator and feffion-clerk, in re- 
 ^fpeft that all the deeds of that meeting are recorded in the 
 Iclli on -books. 
 
 ^recommended to the rcipective kirk-ltliions where the and how to 
 forces are quarrered, to provide them with convenient be fixed vv-ith 
 fears for hearing, and to infpeft them as they do other pa- ^^^^i^^^^'^' 
 riihioners. And the commiffion of the General AiTembly, 
 upon application from the chief commanders, is to fetrie 
 iTiinifters in regiments belonging to this kingdom : but when 
 the commiflionis not inftrufted to receive fnch applications, 
 then, no doubt, they are to be made to the presbyteries. 
 Thus we fee that ininifters do not receive their wairant to 
 tai^ e overfight of a regiment, as colonels and Qther officers 
 do their commiffions fro-^n the Sovereign. 
 
 § 33 B^the 13th aft of Alfembly 1 708, it is tranfmit- Differences 
 ted as an overture to presbyteries, that when the fufficien- ^^°^^ '"" 
 
 * ^ trants, how 
 
 ^y composed. 
 
J4 Government of the Book I , 
 
 cy of intrants to t'^e holy miniftry is contefted in the pref- 
 bytery that ordaius them, that in tliis cafe he presbytery 
 > fhall refer the \\ hole affair to the refpecl:ive f} nods, and 
 that the fynod fhall appoint Ibme of their number to ex- 
 amine ceruw fuch intrants, and give dircftions to thepref- 
 byterics in fuch cafes. 
 
 TITLE II. 
 
 Of Traufportation and Admiffion ofMinificrs. 
 Tranipcrta- ^ ^ '^F'Ranfportation or trr.nflaticn is an authoritative 
 
 tion dcfcnb- ^ Birr- •/) ? , • , 
 
 g(j^ -^ looiing oi a miniircr s relation to one charge, 
 
 and a making up of that fame relation betwixt him and an- 
 other, done for the greater goixl of the church. This a^ 
 hath no resemblance to the didolving of the relation itfclf 
 betwixt a miniller and the church, as in the cenfure of de- 
 pofjtion ; but it only refembles a mafter':- taking one from 
 labouring in fuch a part of his vineyard, to continue the 
 fap.ie work in another part thereof 
 Calls muft be § \ No miniller is to receive or entertain a call from an- 
 managed and other congregation, till it come to him by his own pref- 
 th^^ ^ fb t bytery. And any m.an iranfporring himfejf to another con- 
 ry. gregation, defervcs both to be loolcd/rom his own charge, 
 
 and debarred from enter ng into the other; the canoniits, 
 upon this title do thus determme, '•'- Qiii enim fua pro^^ia 
 " authoritate ad aiiam fe transfert eccicliam, prtore relicla, 
 ** & fuam amittit & ab aliena repellitur. Vide Petri l.iar- 
 " noy examen juriilicum " 
 How a pref- § :;. The presbytery havin.}; heard, by word or petition, 
 bvtery^ pro- ^^^^^^ commiflioned from the vacant congregation to pro'e- 
 fentiiiffacalL cute the call, and after fuflaining their commilTi' ns, and 
 finding the call, as to what appeareth at prefent, to be •. r- 
 derl}', and the rcalbns thereof not without fome ground and 
 weif^ht, they arc thereafter, at the fame diet, to deliver 
 their call, by their moderator, to the minifier dcfired to be 
 tranfpr,rted, with the reaf >ns thereof, and to fummon him, 
 apud attci, to appear before the presbytery ; the time for 
 compearance being at leall fifteen free days thereafter. 
 Theordlnaty § /;. If the miniller called be abfent froA the prcshytc- 
 method for j.y^ ^j-^gj^ the call, with the reafons tlicreof.'or rather a 
 
 fporutions. ^ ^ delivered 
 
Tit. 2. Church of Scotland. 15 
 
 delivered to him by the presbytery-ofliccr, either perfon- 
 aiiy, or at his dwelling houfc, together with a citation for 
 him and his parifh to appear u( Jupra 
 
 § .. \. B. moderator, &c Forafmuchas, the heritors, Form of a 
 elders, ^.x. of the parifii of liave app!i.d to us ["'"^''^^'^f 
 
 for onr warrant and precept to cite Mr C. D minifter at J|on,^°^^^' 
 
 and the parifhioners thereof, to hear acd fee the 
 faid Mr C, D. tranfportcd in manner, and to the ciTeft un- 
 der-written, conform to a call given him by the faid parifli ; 
 Hcrcforc, v.'c require you, that upon fight hereof, ye pafs, 
 and lawfully fummon the faid Mr C. D. perlonally. or at 
 his dwelling-place: And (icklike, all and fundry the pa- 
 rifnioncrs of the faid parifli of by . pen reading 
 
 hereof, and affixing a juft copy of the fame, at and upon 
 the pari Ih -kirk door, upon a Sabbath-day before noon, im- 
 mediately after fermon and pronouncing the blefTnig, all 
 upon fifteen free days warning, to compear before the 
 faid presbytery, within the kirk of upon the 
 
 day of next to come, in the hour of caufc, with 
 
 continuation of da3^s, to hear and lee the faid JV[r C, D. 
 tranfportcd, by fentence of the faid presbytery, from the 
 faid parifli of to the (aid pariih of to ferve in the 
 
 work of the miniftry thereat; or elfe to alledge a reafon- 
 able cciuf^ to the contrary,: with certification to (hem, if 
 they fail, they fhali be holden as confenting to the faid 
 tranfporration ; and the faid presbytery v/iii proceed to 
 do therein according as they fhall find juif. And this our 
 precept you are to return duly execute and indor led. Gi- 
 ven at byA.B. P/M/ Q/k 
 
 § 0, If the presbytery have ground to fear that their of- How, In ex- 
 ficer may meet with moleilation or oppofition in executing traordinary 
 of their fummons, the General Afiembly, ^or preventing ^^^j^'^j^g ^^^^^^ 
 of deforcement and profanation of the Sabbath, bythei; cited. 
 7th aft, 170 4, ordains the mini'der hi n(elf, being cited 
 ap:ui ctla by the presbytery, or, if abfent, by the presby- 
 tery's letter, to be prefent at the day appointed icr hearing 
 the caufe : vihereof the miniiler i? appointed to give ad- 
 venifement from the pulpit, to his ciders, heritors, occ ; in 
 fcorr, to all that were concerned in catling him, that if any 
 of them has a mind to defend their right to him, they may 
 be prefent at the presbytery on fuch a day. For which Call and rea- 
 caiile the miniflcr is appointed to communicate unto tl.em f-"^ "■'''^; ^^ 
 
 ^ ' . .Up m-F-i-teo to 
 
 ^"^ the pariih. 
 
i6 Government OF THE Book I. 
 
 the call, and the reafons thereof, tranfmitred to h'ni : but 
 this he ought aifo to communicate in all ordinary citations, 
 if he intend) the parifli iliould defend their right and yioi'- 
 ^^hTtion?" ^*^^^^"» "^' for this extraordinary vvav for citing a parifli, 
 rartly need- there was more need for it at the beginnig of our happy 
 ccl in a well Revolution, when there were f-^w miniiiers and expc6i:Mnts, 
 planted anJ many competing vacancic': But now when the chur- 
 
 ches are generally pl.mtcd, and feeing there is fuch a plen- 
 tiful nurfery of hopeful probationers for fuppiying the few 
 remaining vacancies, there is rather ground to fear that there 
 be competing different calls from one parifh, than of (fails 
 Wliatdonein from diftii.61 pariiTies to one man : But if it (hould happfen 
 t c ca e o that neither minifter nor parifh compear, then the presby- 
 
 non-com- . -r ■ • n i i i i »• ' i 
 
 peamnce. tery is to grant certihcation agamit them, by holding them 
 
 as confenting to the defired tranfportation. 
 Vacancies § ?• ^Y the ttha£t: of Allembly .1 694, it is recommend- 
 
 ynuft firft ef- ed to vacant pariAies» That thcy do not attempt a tranf- 
 fay to call portation, till they firfl ferioufly efiay and follow other 
 pio ationeis. ^^^^^ q£ providing themfelves ; which is indeed the (pcedy 
 way to increafe the number of labourers in the Lord's 
 vineyard, and to continue others at the place appointed for 
 their work. 
 How debates § 8. By that fame a£l of Aflembly, all debates in pro- 
 in tranfpor- cefles of tranfportation, mull be managed with that meek- 
 tations ftiould ^efg and brotherly kindncfs, as becometh parts and mem- 
 bers of the fome body of Chrift, and that they reprefent 
 their reafons and anfwers with perfpicuity and brevity. 
 Rafh appeal- § 9 And to prevent contentious appeals ijH^U^t^h mat- 
 er<5 in iranf- ^gj-s, It is ordained by that aft. That if both t|p compet- 
 \vhf-n^to"be '^^'?> P^''^^^'-'^ ^^ within the fame presbytery, in t||at cafe the 
 cenllired. presbytery's dccifion fhall be obeyed ; or if the panfhes be 
 in different presbyteries, and bot!'. pros' yteries in the fa e 
 fynod, in that cafe the decilion of the lynod fliall take ef- 
 fed. But with certification, that the rei'peftive judicatures 
 appealed from fhall be cenfurcd, if they be found to have 
 malverfed ; and, on the other hand, if any be found un- 
 neceffarily to purfue appeals and complaints, they fhall be 
 fcvercly cenfurcd therefor. 
 E\-crv bene- § ,0 By the 5th aft of Aflembly i^o?, the parifh era- 
 fice fliomube ^j^^^ tranfportation, is to falisfy the judicature if there be a 
 legal flipcnd, and a decreet therefor- It were to be wiOi- 
 ed that the church v/crc truly and better informed of ihc 
 
 • quantity 
 
Tit 2. Church of Scotland. 17 
 
 quantity and circnmflances of every benefice within the 
 nation, that fo they migiit be dkedied to apply according- 
 ly ; and, for that end, let presbyteries be appointed to give 
 in an exact account of thefe within their bounds, that the 
 fame may be infert and regifirate in the books of the Ge- 
 neral Allembly, conform to the acl Anguft j i. 1647. 
 
 § < I . Actual minifters, when tranfported, are not to be How the fuit- 
 tried again, as was done at their entry to the miniftry : ^^^^"^^''^,*'^. 
 but only the presbytery, in which the calling parifli lies, ^^ berried 
 fliall judge of his gifts, fron what they have heard of him and what is 
 in the exercife thereof, whether they be fit and anfwcrable meant by e- 
 for the condition and difpofition of that congregation, "^inent^ con- 
 There are abilites requifite to rr.ake one a fit miniller for *=' "'= ^ 
 fome confiderable pariilies, which are not fo necelTary to 
 one in a fmall private parifh. Eminent congregations are 
 fuch, where are univerfities, towns and burghs, places of 
 noblemens refidence, or frequency of Papills. See AlTem. 
 Auguft 2- 1642, interpreting the a6t 1596, concerning the 
 trial of minifters, ratified December 17. i6j8, and § lO. 
 tit. 1. 
 
 § I 2. As there ufeth to be folemn prayer at the fixing Prayer is to 
 of a miniderial relation to a certain charge, fo when ihat is !?^ ^^' . " 
 
 , J. .J. , ' • r ' r 2 ™^'^ entering 
 
 changed and carried mto another, it is very fit, as is uled, ^p^j-j ^-},g .,j.„. 
 that light and direction fiboiild be fought in fuch a weighty cefs of tranf- 
 and concerning matter to the church, from the glorious portation. 
 God and blefled Head thereof, and that immediately be- 
 fore the judicature enter upon the procefs. 
 
 §13. The which day, anent the fummons touching Fonn of an 
 and anent the citations given to the faid Mr ^^^ of n-anf- 
 A. B. and his faid parilhioners, to have compeared before ^^°' " 
 the faid prefbytery, at certain days now bypaR, with con- 
 tinuation of days ; the faid fummons, and ail parties ha- 
 ving interell, being called in prefence of the faid presby- 
 tery ; and lall of all, upon the day and date of thir prefents, 
 the faid purfuers compeared by their coinmiiTioner ; 
 
 and the laid Mr A B. and his parilh of being 
 
 lawfully fu^nmoned, and they compearing ; the faid 
 presbytery having heard ana confidered the call given to 
 the faid Mr A. B. by the laid parifii of and the 
 
 reafons produced by the purfuers for inforcing the faid 
 tranfportation ; and alfo having maturely conlidcrcd the 
 good and advantage of the church in the faid tranfporta- 
 
 C tion, 
 
l8 GOVERNMENTOTTHE Book T. 
 
 tion, and being well and ripely advifed in the haill premif^ 
 fes ; the faid presbytery (after calling upon God for light 
 and direction) by their vote, have tranfporred, and hereby 
 tranfports the faid Mr A B. f roin the faid parifli of 
 to the fciid pariih of to ferve in the work of the mi- 
 
 nifiry, as their lawful paflor thereat, and appoints Mr C, 
 D miniflcr of to declare the faid kirk of 
 
 vacant upon Sabbath the day of conform 
 
 to the a6^s, pra^lice, and constitutions of this church ufed 
 in the like cafes 
 How to prd- ^ j^_ If the congregation to which the minifter is called 
 cceiw.tn j^Qf}-; jjg ifj ^Y[Q bounds of another presbytery, then the 
 two parilhes i • . u i . j '^ i r i • 
 
 lie in difFe- presbytery to which he belongs docs only traniport him, 
 
 rent judica- declares his kirk vacant, and appoints him to wait for, and 
 
 tujfs, obey the orders of the presbytery where the charge lies 
 
 to which he is tranfported, as to the time of his adnidion 
 
 thereto. But if both parifhes lie within the bounds of the 
 
 judicature which tranfports, then they appoint the time of 
 
 his adiniiTion alfb. 
 
 Minifters ^ 15. If the minider called had not any relation to a 
 
 fl^'k°"l particular charge in the church, then the presbytery harh 
 
 admitted. nothing to do but admit him after the former fteps of call 
 
 and ed 1(51, &c. 
 The manner j 1 6. When a minifler, formerly ordained, comes to be 
 pf admitting g^i^j^gj minifter ,n fuch a congregation, the fame is per- 
 ™ trs, formed by the presb3'tery in. face of the congregation, 
 with the fame folemnities of an ordination ; only there is 
 no re-impoiition of hands, nor any thing that is peculiar or 
 eflential to ordination; and the only queflions needful are 
 thcfe; I. If he does adhere nnto, and promife, in the 
 Lord's ffrength, to perform his ordination- engagements? 
 2. If he hath had any indirefi: hand in his own tranfporta- 
 tion or admiffion to this parifh ? ^. If he doth now accept 
 of the charge of this parifh, and promife, in the Lord's af- 
 {ifiance, to difchargeall the parts of the niinifteriai funftion 
 among them faithfully ? 
 The form of <> 1 7. The presbytery of being met at the parifli- 
 
 ^n act of ad- kirk of conform to an appointment made by the 
 
 miihon. (jjj presbytery, dared to the eifeS: under-written, 
 
 taking to confideration, that the prefent magiflrates, town- 
 council, heritors, and elders of the faid burgh and parifh of 
 had given a call to Mr A. B. minifler of the 
 
 gofpel, 
 
Tit. 2. CiJuRCii OF Scotland. iq 
 
 gofpel^ inviting him to he their minifter : And fJcklikei 
 1 hat the faid call had been orderly prefentcd to the faid 
 presbytery ,''and by them iudained ; and alfb, that the faid 
 call had been accepted by the faid Mr A. b. and that there- 
 upon the faid presbytery had appointed the faid Mr A. B. 
 his edift to be fervcd upon Sabbath the day of 
 
 ■and alfo appointed a meeting of the faid presbytery for his 
 admiffion, to be held this prefent day and place. The 
 faid presbytery bting now met conform to the faid ap- 
 pointment, and having feen and considered the faid edift 
 duly and orderly ferved and indorfed, and returned con- 
 form to the pra^lice of this church, did caufe thrice pu- 
 blicly call all having or pretending to have intereil, to 
 compear and propone their objedions, if they any had, 
 againft the faid Mr A. B. his liie, do&ine, or qualifica- 
 tions, or againft the forefaid Call, and the procedure there- 
 on, above mentioned, why hefhould not be admitted law- 
 ful minifler of the faid burgh and parifli : but none com- 
 peared to obje£i: thereagainft. Likeas thereupon afrer fer- 
 nion preached, conform to appointment of the faid presby- 
 tery by Mr C, D. minifter at the faid presbytery 
 did, in prefence of the whole congregation there aflembled 
 for the time, admit, receive, and appoint the faid Mr A. 
 Jb. to be minifler of the forefaid burgh and parilh, accord- 
 ing to the order and practice of this church. A.nd fick- 
 like, the magiftrates, town-council, heritors, and elders 
 of the faid burgh and parifh, did take the (aid Mr A. B, 
 by the hand, inteffimony of their receiving him to be their 
 miniltcr. Extracted forth of the records of the faid pref- 
 bytery, by &c. 
 
 § iS. Acts of ordination and admiffion by the presby- The eiTeft 
 tery, are in place of prefcntation, collation, and inflitu- jP . ^ ^^j 
 
 .-' 1 r ^ r 1 II r rr • ii i-i dinatlOll and 
 
 tion, and lerve for them ail, as a lumcient and legal title admiffion 
 to the benefice. ads. 
 
 § 1 9. Some things there are which may debar a man*s impediments 
 entering into the miniflry, and maybe reafbn enough for to admiffion, 
 the church to fliut the door upon him, fiich as foms mif- "°^ always^ 
 takes and efcapes otlenfive in the life,vJthat may proceed j'^^j.^g^/' 
 from raflmefs, weaknefs, ignorance, or want of prudeivcc : 
 yet when once he is admitted, and entered, the like efcapes 
 will not be found fuiticient to dcj^ofc and thurll him out ; 
 
 C 2 for, ■ 
 
20 Govern MENTOFTHE Book I. 
 
 for, " Multa impediunt matrimonium contrahendum, qure 
 " non dirimunt contra£tum." 
 
 TITLE III. 
 
 Of Afis cfT'ranfportahilir'j, of Demi [pons, and Mi f 
 fous, and Col league Minijkrs. 
 
 Tlie gt'ound 
 for, and me 
 
 § i.XT,7HRN" a minifter labours under infjpnortable 
 ^ grievances in a parifh, whereby his niiniflry is 
 fecuti'if^ ^thls ^^^^^"^^^ unedifying to the people, and uncoinfoi table to 
 ad. ^ himfelf ; in thefe circumilances (all other means jav-ng 
 been edayed and proved ineffeclual for redrelTing his 'grie- 
 vances) the paflor doth apply to the presbytery for an a£l 
 of tranfportability. Whereupon they appoint one of their 
 number to preach at that kirk, and after forenooi^'s fer- 
 nion to advertife the parilh, being the defenders, ro ap- 
 pear before the presbytery, on fuch a day, and there hear 
 iand fee their minifter obtain tha': aft in his favours, or o- 
 therwife to propone reafons in the contrary. After hear- 
 ing of both parties, their broti'Cr's complaint being found 
 relevant and verified, an aft of tranfportability is grained. 
 The nature § 2. By which aft the presbytery loofeth tfieir brother's 
 and import of relation to that parifli as fixed minifler thereof, and de- 
 clares, that through their direftion and infpcftion, he is ca- 
 pable to receive a call to any other charge, without their 
 being called as having any intereft : yet, in the mean time, 
 till fuch an occafion of removal be offered, they do appoint 
 him to exerce his miniliry in that parifh ; whereby his right 
 to intromit with the benefice contmucth as formerly, the 
 aft of tranfportability being occafioned through the peo- 
 ples fault. But this aft will be but rarely fought in a well 
 planted church : And, without granting it, the presbytery 
 niay ufe innocent and prudent methods for obtaining a call 
 to their grieved brother from fbme vacant parifli, which 
 will as effeftually anfwer the end as fuch an aft can do. 
 Upon the whole, this praftice hath been but rare, and its 
 expediency, to fa^^no more of it, is difputed by many. 
 'Ilic caufes § _j. It is in the church's power to accept of demifTions 
 
 and llile of or not, as tiicy find the prounds of them to be. They ufe 
 demlfllon. ^^ ^^^ j^ ^,^^1^^ ^^^^^^^ % ^^Tj. ^^, B. minifter at C. for fuch 
 
 caufes. 
 
Tit. 3* Church OF Scotland. 21 
 
 caufes, demit my miniftry at the faid parifh of C. purely and 
 fiinr^Iy into the hands of the presbytery of D. declaring, 
 that for my part, the faid parifii fhall be held vacant, and 
 that it /hall be free to the parifh and presbytery, after due 
 intimation hereof, by warrant of the presbytery, to call 
 and plant another minifter therein ; and confents that this 
 be recorded in the presbytery books, ** ad futurum rei me- 
 ** moriam". In witnefs whereof i have fubfcribed thir 
 prefcnts at &c 
 
 § v Which demiiTions being received by the presbytery, xhe effeft of 
 they are thereupon to appoint one of their number to preach a demiflionu- 
 at that kirk, ajid after forenoon fermon to make intima- P*''^ intima- 
 tion of the acceptation of the demillion, and the presbyte- 
 ry's order thereon, to declare the kirk vacant. The exe- 
 cution whereof being reported to the presbytery, and re- 
 corded bv tiiem, they are to proceed and plant that pariih, 
 as they do other vacant congregations. 
 
 § 5. When the vacancies .re many, and the miniflers in in what cafe 
 fome pnrt of the church fo few in number, that it exceeds the national 
 tire power of claffical or provincial Aflemblies, in vvhofe ^e"ibly 
 bounds they lie, to fupply them, then the General Afiem- ^^^ in ^mif- 
 bly who is concerned in thele bounds, as parts of the na-fion. 
 tional church, doth appoint minifters by way of miffion to 
 fupply thefe vacancies : for this fee the a^ls of feveral 
 late Aflemb lies for fupplying the north, and the inftru^li- 
 ons given to their commilfions concerning that affair. As 
 alfb, by appointment of this church, minilfers have beea 
 tranfported, ordained, and fent in .,• ifiion to the Scots Afri- 
 can and Indian company's colony in Caledonia in America. 
 
 § 6. Upon petition from the molt part of the Scottifh na- In what ca- 
 tion in the north of Ireland, in their own name, and in name ^^^ ^^ey fend 
 of the reft of the Proteflants there, to the General ArTembiy in ^^°^f ^'' '^"^' 
 the years 164^, 164:?, and 1644, feprefenting the extreme 
 nccellity they had of more minifiers, and how this church 
 had formerly fupplied other churches in Germany and 
 France. I he AlTembly being willing to fympathKe with 
 every member ot Chrilt's body, although never fo remote, 
 much more with that plantation which was a branch of 
 their own church, tticy did for fume years fend miniHeis in 
 miffion to fupt'ly there, as may be feen by the printed a^ls 
 in the years above named. But in AlTembly 1690, fefK 
 H. they decline to fend any mmiflers to Northumberland, 
 
 upon 
 
22 
 
 Government of the 
 
 Book I. 
 
 Churches 
 fhould fend to 
 the Heathens. 
 
 When a col- 
 lea oiie is 
 needfil. A- 
 ged and fick 
 niinifters 
 fhould have 
 both mainte- 
 nance and a 
 colleajrae. 
 
 Colleag'aes 
 muft fliare 
 both oflice 
 and benefice. 
 
 npon a petirion from feme in that country, in4refpeft that 
 thefe people do not belong to this national church. 
 
 § 7. As it is the conftant prayer and hope of the reform- 
 ed churches, that the kingdom of Chrilt may and Ihall be 
 enlarged, by fending thegofpel to the reft of the Heathen ; 
 fo, in teftimony of the Hnccrity of thefe hopes and prayers, 
 they ni'jft be joined with fuiteable endeavours for fpreading 
 the gofpel a ,.ong them. This church hath not that hap- 
 py opportunity, and invitation of concurring Providence 
 to forward that work that fome other churches have, through 
 our want of foreign plantations, and by being injurioufly 
 difjx)(Te(Te»,! of what we had, as the thirtv-e'-ght minute of 
 the proceeding-; in parliament 170! doth complain 
 
 § H. When a parifh, though not of fo great extent as to 
 require a new er <5lion, becometh fo numerous, that albeit 
 a minifter's voice may eafily reach them all, the feats being 
 conveniently placed ; yet he is not able alone to difcharge 
 the other minifterial duties, with that exaftnefs and eafe 
 which p ftors of ordinary parifties ma> do, it is but reafon- 
 able, in that cafe, to join a yoke-fellow with him. I5y the 
 ad't of AfJembly July 30. ifc>i 1, it is declared, That old 
 minilters and proledors of divinity, fliall not by their cef- 
 fation from iheir charge, through age and inability, be put 
 fro . enjoying iheir old maintenance a;:d refpeft 1 his 
 doth likevvife agree with the 48 th aft, chap, i . of the French 
 church- difciplinc; and by the book of policy, chap. 7. 
 when minifters, through age, fickncfs, or other accidents, 
 become unmeet to do their ofHce in that cafe, their honour 
 fhould ramain to them, their kirk fliould maintain them, 
 and others ought to be provided to do their oflice : Thus 
 they ftill enjoy double honour, viz. reverence and main- 
 tenance. 
 
 § 9. When a parifh findeth work for two minifters, and 
 they divide the fame equally between them, nothing can 
 be rcafbnably alledgedagainft fharing of their wages from 
 the paiifli accordingly; except it b/ laid, that he who gets 
 the hrrt call to the greater benefice, will from that take ad- 
 vantage to keep poflefTion thereof : which pracficc, how- 
 ever it may receive protection from ftri6t law, yet juftice, 
 which is mixed witii equity and kindnefs, condemns it, fee- 
 ing his helper or fecond is to be always as fit for the fame 
 charge as ne, as is appointed by Alfembly 1 646, in the 
 
 firf>. 
 
Tit. 4- Church of Scotland. 23 
 
 firft: remedy propofed againltthe corruptions of the mlni- 
 flry. 
 
 § 10. When he who had the greater ftipend fit having To wliichthe 
 been nefflefted at his entry to oblige him to divide the P^;"^ ly^y «- 
 
 r II -iL- i:\- 11 JL Dli«^e them, 
 
 lame equally With his colleague) IS now removed by death, j^^;^ ^^^ 
 
 or otherv/ife, ihen the parifli is not obliged to allow the when, 
 furviving colleague to Tjcceed ro and uplifr the firft fti- 
 pend, except he be content, and engage to amend his pre-, 
 deceflor's manners, which if he refufe to do, at the fight of 
 his callers and the presbytery, then let him only enjoy the 
 ftipend to vvh.ich he -was called But the moft effeftual way 
 and proper feafon for obliging colleagues to ftiare their be- 
 nefices, is thus to be done at their calling and admi/Tion : 
 Infert in the call, that as he is to be one of the minifters of 
 fuch a parifli, fo he is to have the half of the ftipend : and 
 let his ordination and admiftion a£t carry that fame qualifi- 
 cation: But colleagaes, of confent, may prevent this. Public mini- 
 § 1 1. By the aft of Aflembly December ^7 18- amto fteriai work 
 
 16^8, one of the minifters, without advice of his colleague J.^ ^^ \^ P^'^" 
 
 „j- £• • ..".» form abymu- 
 
 is not to appoint diets or communion nor examinauon, nei- ^.. | confent 
 
 ther to hinder his colleague from catechizing, (to wit, from and private' 
 
 houfe to houfe), and ufing othe: religious exercifes, as oft cli^igence not 
 
 as he pleafcth But nov/ the kirk-feflion doth direft: as to ^'^ ''^' hinder- 
 
 thefe diets, for communion efpecially. 
 
 § 12 Colleagues are to apply themfelves to doftrine, Howthevare 
 
 according to the gifts wherein they moft excc!l, an ; as to apply their 
 
 they ftiall agrr-e betwixt themfelves j fee Directory for S^^^^* 
 
 preaching the word. 
 
 T I T L E IV. 
 
 Of Expe^ants, as alfo Students and Bur far s, 
 
 § I. 'T^HE presbytery is not only to hinder thofe whom who they are 
 -^ they know to be unfit, from entring upon their that the j>ref- 
 irials ; but alfo they are to look out for, and ifir up fuch, bytery fliould 
 whofe gifts are promifing, to ftibmit themfelves unto trial, ^"^^^'-^^^r' 
 and that albeit the one were a profefted ftudcnt of theolo- trials. ' 
 gy, and the oiher were not. 
 
 § 2 Before any presbytery invite ftudents to pafs their 
 trials, they are to be fatisfied as to the foundnefs of rhcir 
 
 principles. 
 
 encoarc-.ge to 
 on 
 
24 
 
 Government of the Bopk I. 
 
 Wherein the 
 presbytery is 
 to be iatisfied 
 before they 
 invite ftu- 
 dents to 
 enter upon 
 trials. 
 
 Expectants 
 trials. 
 
 principles, and of their fober, grave, prudent, and pious, 
 behaviour. And it is appointed, that fuch perfons fliall, 
 produce, before the presbyteries who admit them to trials, 
 fufficient teltimouials from the minifters of the parifhcs 
 where t^ey lived, and from the legally eitablillied presby- 
 teries in vvhofc bounds they refided, andalfb from thepro- 
 feflors of divinity ; fee the joth aft of AfTcmbly 1694 ; as. 
 al{b, I y an aifl: of the Aflembly thereafter, it is recommen- 
 ded to presbyteries, before any be admitted to trials, that' 
 they fee their tedimonials of their paffing their courfe in 
 phiiofophy, and their obtaining their degrees of -maimers of 
 arts in lome univerfity. And by the 13th aft of Atlem- 
 bly 1696, probationers that apply to presbyteries are not 
 only to bring fuflicient teflimonials, but alfo a letter of re- 
 commendation from a perfon known to the presbytery. 
 And by the 5th aft of Aliembly 1705, teftimonials from 
 profefTors of theology, in favour of fuch as are to enter u- 
 pon their trials, are not to be regarded by presbyteries, un- 
 lefs they bear their knowledge of thefe they recommend to 
 trials, as to their moral and pious carriage, as to their pro- 
 grefs in their ftudies, and their promidng parts, and of their 
 good affeftion to the government of church and ftate, and 
 £tnefs to ferve the church. 
 
 § 3. The trials of a ftudcnt, in order to his being licen- 
 fed to preach the gofpel, do confift in thefe parts, i. the; 
 homily, which is a difcourfe upon fome text of holy fciip- 
 ture afligncd unto him by the presbytery, and delivered be-^ 
 fore them in private. 2. The exegefis, which is adifcourfd 
 in Latin upon fome common head of divinity appoiiited him" 
 by the presbytery, and delivered before them, at which 
 time alfo he gives in the fubftance of his difcourfe, com- 
 prifed in a fhort thefis or duftrinal propofiiion in paper, 
 which he is to defend, at the presbytery's next meetii'g, a- 
 gaind two or three minifters who are appointed to impugn 
 his thefis. 3. The prejbyterial excrcife and addition : the 
 exercife gives the coherence of the text and context, th.e 
 logical divifion, and explanation of the v^ords, clearing 
 hard and iniufual phrafes, if any be, with their true and 
 proper rneaning according to the original language, and o- 
 ther parallel places of fcripture, propofing and anlvvcrinfl 
 any textual quedions that occur, and then a plain and llior 
 paraphra'.e upon the text : this is ordinarily the vvork of on 
 
 hal 
 
Tit. 4- Church of Scotland. 2^ 
 
 half hour. The addition gives the do£i:rinaI propofitions or 
 truths, which, without ftraining, may be deduced from 
 the text fo explained, with reafons, applications, and perti- 
 nent improvement and application, as the other half hour 
 will allow. 4. Ale(5lure, or expofition of a large portion 
 of (cripture, ordinarily a whole chapter. 5. A popular 
 fermon. Thefe thrte peices of exercife, viz. presbyterial 
 exercife, lefture, and popular fermon, are to be in the pul- 
 pit before the people. 6. He is to be tried in his know- 
 ledge of the original languages, by interpreting a portion 
 ofthe Greek New Teftament, adaperturatnltbri, and read- 
 ing and expounding a portion of fome Pfalm in Hebrew. 
 Of his knowledge of I'acred chronology, ecclefiadic hif- 
 tory, efpecially of our own church, anfwering extemporary 
 queftions, of the meaning of hard places of (cripture, on 
 heads of divinity, polemic or praftical, on cafes of con- 
 fcience. on church-government and difcipline, and is like- 
 wife to be iried as to his piety, prudence, and former god- 
 ly converfation, act of Adembly January 30. 1698. 
 
 § 4. by the icthaftof Afiembly 1704, presbyteries are Some trials 
 appointed to lay it on fome of their number to examine the are previous 
 ftudents in their ovt'n prefence upon the feveral heads of di- ^^ thefe. 
 vinity, and the government of the church, and to know 
 what reafon they can give of their faith, and if they can 
 anfwer to fome principal objections of adverfaries r.gainfi: 
 it, and that previoufiy to all other parts of their trial. From 
 all which it appears, that from the beginning of trials, to 
 the time they are iicenfed to' preach the gofpel as probati- 
 oners for the miniftry, they are a full half year exerci- 
 fed in order thereto, allowing the ordinary meetings for 
 presbyteries to be once a month. Which time for trials 
 will yet be longer, if we confider the i3tha(St of Aflem- 
 bly 1708, appointing private trials concerning his fenfj 
 and experience of religion, yet previous to all thefe men- 
 tioned. 
 
 § 5. By the 3d a£t of Aflembly 1697, the commiflion- j;xv,p(0.<iTi{-g 
 ers from the feveral presbyteries within this church, are to and ftudents 
 bring in an account to the General Aflembly yearly, of all n^mfs to be 
 expectants or probationers for iheminillry. As alio, of all f^e"l(4Vil>ly 
 Itudents who attend lellcms of theology in univerfities^and bocks. 
 perform^ the exercifes enjoined them there, that tlieir names 
 may be read in open Aflembly, and recorded in their regi- 
 
 D lUr; 
 
2$ Government of the Book I* 
 
 fler : Which is a mean to bind all candidates for the mi- 
 ni dry to a circumfpe^l walk, that the church may receive 
 good impreflions of them. 
 Formofanaft § 6. At the day of The which day the pref- 
 licenfmjT one bytery of taking to their confideration, that in obedi- 
 ^°nfne] i f ^"^^ ^^ fevcral afts of General Aflemblies made anent trials i 
 iTls tedlmoni- '" order to preaching, they had upon the day of 
 al, and re- received fufficient tcftimonials in favours of Mr A. B. ftu- 
 commendati- J^nt in divinity, and that thereupon they had appointed 
 fbme of their number to make fearcli and inquiry into the 
 liccrature and behaviour of him the faid Mr A. B. Which i 
 brethren having upon the day of reported, That 1 
 
 according to the appointment forefaid, they had privately 
 taken trial of his knowledge in divinity, and of what fenfe 
 and impreflion he had of religion upon his own foul ; and 
 that they hadcaufe, from whattheyfound in the forefaid tri- 
 al, to judge him fit to be received and entered upon pub- 
 lic trials, in order to his being licenfed. Whereupon they, 
 the faid presbytery, had admitted the faid Mr A. B. upon 
 probationary trials, who having, in all the ufnal parts there- 
 of, at divers times thereafter, acquitted himfelf to their fa- 
 tisfa^tion and approbation; therefore tl.ey did and hereby f 
 do License the faid Mr A. B to preach the gofpel of 
 Chfifl: as a probationer for the miniftry within their bounds, 
 he having in their prefence undertaken the ufual engage- 
 ments appointed by the acts of this church. Extrafted Uc, 
 Nota, thefe engagements are here omitted, brevitatis can- 
 fa, vide^Jtq, At his removal out of the bounds of the 
 presbytery where he was licenfed, his teQimonial is in this 
 form- At the day of The which day, the 
 -. presbytery of do tellify and declare. That Mr A. 
 
 B. preacher of the gofpel, has, fmce his being licenfed by 
 them, preached fcveral times, both at their appointment, 
 and the defire of particular brethren within the bounds, to 
 their fatisfad^ion ; and that his carriage, fo far as they know, ■ 
 hath fince that time been pious, exemplary, and edif>ing, 
 as became a preacher of the gofpel, and that he hath been 
 obfequious to all their appointments ; therefore they do by , 
 thcfe prefents recommend the faid Mr A. B. accordingly to 
 any presbytery where God in his providence fliall calt his- 
 lor, for all due and fuitable encouragement from them, i 
 Exrradlcd, Src. ' ' 
 
 §7. 
 
Tit. 4. Church of Scotland. 27 
 
 § 7. By the loth a£l ofAflembly 169 1, it is appointed, A probation- 
 that when perfons are firft licenfed to preach, they ihall ob- er's engage- 
 lige themlelves tot preach only within the bounds, or by "'^nts when 
 the direction of that presbytery which did hcenfe them ; and 
 they fhall alfo, by promife and fupplication, engage them- 
 felves, that they fliall be fubjeft to the faid presbytery, or "" 
 
 to any other church-judicature, where in Providence they 
 fliall have their abode, and that they fhall follow no divifive 
 courfe ; which engagement is to be infert in the body of 
 their licenfe. Vide lib 3. tit. 8. § 1 1. 
 
 § 8. Py that fame aft it is appointed, that when they are whatpresby- 
 removing from that presbytery which did licenfe them, tciks or pa- 
 thev fliall carry with them an extract of their licenfe, and "^^5^ a^ro- 
 
 CY- • 1 r u • • 111 J bationer may 
 
 a reltmionial or their carnage, which they are to produce pi-e^ch in 
 to fome presbytery conftituted by the legal ertablilhmcnt, and when to 
 or at lead: to fome minifter therein, before they preach with- renew his ei> 
 in that bounds; which minifter is not to employ them, ex- gagments. 
 cept in his own pulpit, till he give notice thereof to the 
 presbytery at their next meeting. And they are then to re- 
 quire the fame fubje£lion and orderly carriage from them, 
 during their abode in that bounds, to which they were en- 
 gaged to the presbytery by which they were licenfed. ^ 
 
 § 9. And in cafe any probationers fliall have their licen- -^ow fenten-% 
 fes fufpended or recalled, for error in doctrine or malverfe les againftv 
 in converfation, then intimation ihall be made thereof by them ihould 
 tlie judicature which hath fo cenfjred them to the neigh - 
 bouring judicatures, or where they Jliall underftand the laid 
 probationers are, that lo none may employ them to preach. 
 
 § 10. And, laflly, by the fame act it is declared. That ^i^gy j,jiye rq 
 probationers are not to be efteemed, by themfelves or o- paitoral office 
 thers, to preach by virtue of any paftoral office, but only 
 to make way for their being called unto a paftoral charge. 
 
 § 1 !. Itis the laudable praci:ice of fome presbyteries, to j5f.fo,.c Hcen- 
 licenfe no probationers till they acquaint their neighbouring img, ot]^er 
 presb3neries, that fuch perfons are pafling their trials be- presbyteries 
 fore them. And upon. a return, that they know nothing '^^^l'^"^- "• " 
 that fliould impede their being licenfed, then they proceed. 
 
 § 12. Every presbytery, confifting of twelve niiniftcrs, 
 is appointed to maintain a burfar (that is, one out of the .^^^ m^ft '^' 
 common purfe) and where the number is fewer than twelve, niaintain a 
 rhey ihall be joined to another presbytery. See afl of Af- Luifcr. 
 fembly, Aug. 7. 164.1. 
 
 D 2 § iq. 
 
?8 Government of the BookT, 
 
 Thequantkv ^ ^^* Every burfarmuft have yearly paid him an hun- 
 fund, collec- dred pounds Scots at leaft, the fund whereof ought to be 
 tion,andcon- the panalties exa£lcd of delinquents, and fcandalous perfons, 
 tmunncc of a ^y f]-,g ^jyj| nnagiftrate, and by him delivered to the kirk - 
 tnr,o,^n^ ' fefTions. But if that fail, then the kirk-boxes in thelo 
 prcfbyteries are to be proportionally ftintcd by them, accor- 
 ding to the number of communicants in each parilh; whicii 
 maintenance of an hundred pounds is to be colle£led by 
 the moderator, of the which the feveral fynods are to take 
 account, and their books are to bear the report thereof to 
 the General Adcmbly. It is alfo appointed, that the a- 
 bode of burfars at fchools of divinity exceed not four years. 
 Vide acl of AfTcmbly, Feb. 7. 1645. 
 Qiiallficarions § 1 4. By the fame acl, burfars of theology are appoint- 
 01 burlars, ed to bring with them yearly from the univerfities, tef- 
 
 ?^ .^^' timonials of their good behaviour and proficiency: and 
 a.rc tu be tn^ci '• i •/ 
 
 that none be chofen for burfars by presbyteries, but fuch 
 
 as are of good report, and have paft their courfe of philo- 
 fophy ; and their qualifications are to be tried likcwife be- 
 fore they go to univerfities, conform to afts of A0em- 
 blies 1647, 4B, and 49. Andby the 5th ad of Aflembly 
 1705, it is ordained, that in no pariili the minifter recom- 
 mend youth to be taught in Latin upon charity in any gram- 
 niar-fchool, but fuch as be dexterous in reading, and can 
 write, and fuch as he judges to be ©f virtuous inclinations; 
 which trial is to be inprefence of (ome elders, and no fcbool- 
 mafters are to teach any upon charity, but upon fuch re- 
 commendations. Item, it is ordained that prelbyteries ap- 
 point a committee of their number yearly to examine poor' 
 fcholars in grammar-fchcols, that {'o none of them be fuf- 
 fered to proceed to colleges, with an eye to burfaries, but 
 fuch as are of good behaviour, and proficients in the Latin : 
 and minitlers are to recommend none to burfaries not fo 
 qualified : and mafters of colleges are to lauriate no bur- 
 fars, but upon clear evidence of fufficient learning and good 
 beiiaviour, after Urift examination. 
 Poor ftudents . § ' 5- For the better breeding of young men to the mi- 
 tho' not bur- nifiry, \vho are not able to maintain thcmfelves at univer- 
 iars, are to (ities, (noT perhaps find that favour as to get b'jrfaries), pref- 
 
 - be mfpcaed byteries where fuch refide are apoointcd to direct their ftu- 
 hv prcsouc- ^.^^^ ^^ .^ ^ ^^ ^^^^^^^ ^ ^- ^ 
 
 fi6. 
 
Tit* 4. Church of Scotland. 29 
 
 § 16. In order to the advancement and increafe of the Burfars ha- 
 knowledge of God in the highlands, by the aft of Afiem- vrngthelrLTi 
 bly <70», it is recommended to feveral fynods to main- co^gfd.^^' 
 taui a burfar of theology, having the Irilh language, out of 
 their own purfes. And by the 1 3th act of Allembly 1 704, 
 in refpe£l: the lowland presbyteries be-fouth Tay are com- 
 petently planted, and that the promoting of knowledge in 
 the highlands is of common concern, therefore* it is appoint- 
 ed, that the one half of all burfaries of the presbyteries be- 
 fonth Tay be bellowed on ftudents having the Irifli, at 
 lead: the half thereof: which a^l is to continue at leaft for 
 four years, and longer, if there fliall be found need- 
 And by the cth ad: of Affembly 1707, contributions, and 
 erecting of focietics for the maintenance of poor fcholars, 
 are to be encouraged by judicatures, and the commillions 
 of Aflemblies. 
 
 § I 7. By the aft of Adembly February 7. 1645, it is None muft 
 appointed, that notwithftanding of any progrefs any may ^^^p over the 
 pretend to have made privately in their liudies, yet in the ^^^^^ ^^^.^ ^^^ 
 college they fiiall not at firfi: enter to any higher clafs than fo^u- years 
 that wherein the Greek language is taught ; and being en- courfe before 
 tered, they fhall proceed orderly through the reft of the ^^gr^^s. 
 clafies, until! they finifh the ordinary courfe of four years; 
 and otherwife, that none be admitted to the degree of 
 mafter of arts, unlefs the faculty of arts find him to be of 
 extraordinary learning. 
 
 § J 8. By that fame aft it is appointed, that none be al- Nor doth any 
 lowed to enter the Greek clafs, but fuch who are found advance to au 
 can make congruous themes in Latin, and are not to be ^^^ j^^^ profi- 
 promcted to an higher clafs, till it be found that they un- ting in the 
 dcrftand what was taught them in the lower. The annual lov^er does 
 examination of ftudents at the firft fitting down of col- appear, 
 leges, looketh as if fomething like this were intended: but 
 the beft effefts that fuch examinations do ordinarily now 
 produce, may be the doing of juftice upon fome poor igno- 
 rant ftudents, in keeping them back from advancing to 
 higher clafles : and as for the reft who pay the mafters 
 their ordinary dues, they are only thereby excited to be at 
 more than ordinary pains for fome few days. It is a piece 
 of juftice done to the world, that thofe who are to gain and 
 live by their learning, fliould nor, under that pretence, be 
 fujffered 10 impofe upon men by ignorance or craft ; for 
 
 what .. 
 
3© Government of the Book I. 
 
 what a great deal of hurt are immoral, ignorant, crafiy, and 
 idle fcholars, capable to work in their generations? Let 
 them be dire£led and obliged to ferve their time in f(»me 
 honefl: vocation, where the want of fo much knowledge 
 cannot do io great prejudice; otherwife, it is highly rea- 
 fbnable they fhould ftudy to have accomplifhments, and a 
 converfation fuitable to the profeffion and charadcr they 
 bear in the world. 
 Such as re- § rp. By that fame aft, none who have entered to one 
 move toother college fliould be admitted to any clafs in another, than 
 colleges, ^.j^g^ wherein he was, or iliould have been in the college 
 lellimonids f^om whence he came ; nor be admitted without teflimo- 
 with them, nials from the former maflers, both concerning his htera- 
 ture and dutiful behaviour, that fo thefe who have been 
 rejefted or removed as unworthy or ignorant by one col- 
 lege, may not be admitted or promoted in another. And 
 Who are to in order to the better education of young men for the mi- 
 be employed j^jf^^y^ \yj i\]q 2 id. aftof AlTembly 1696, it is recommend- 
 in t£olo^2;ical ^^ ^^ profeflbrs of divinity, that they require of fuch itu- 
 exercifes. dents, as they employ in any exercifes, teftimonials from 
 univerfities where they have fludied, and the places where 
 they have lived. 
 Univerfities § 20. By the a£t of ^{Tembly Augufl: ult. 1647, it is 
 muft infti-ud recommended to nniverfuies to take an account of all 
 bath-da^^'^' ^^^^^ fcholars on the Sabbath-day, of the fermoils, and of 
 their leflbns on the catechifm. . 
 
 TITLE V. 
 
 Of Scboohnafiers, and InftniBors ofToiub, 
 
 Qiialifications $ I. T>Y the 17th aft of King Will, and Qiieen Mary's 
 
 oifochasbear JD parliament, it is ordained, That no profelfors, 
 
 fchoolsbyafts pnncipiils, regents, maflers, or others, bearing office in any 
 
 ofparliament univerfity, college, or ichool, within this kingdom, be ei- 
 
 •andAilenibly. ther admitted or allowed to continue in theexercife of their 
 
 faid funft'ions, but fuch as do acknowledge and profcfs, and 
 
 ' Ihall fubfcribe the Confeflion ot Faith, and (wear the oath 
 
 of allegiance, (and now they muft fubfcribe the fame, 
 
 with the aliiirance, v:de aft 6. pari. 1 69 v)» and v/ithal fliall 
 
 be found of a pious, loyal, and peaceable converfation, 
 
 and of good and luflicicnt literature and abilities for the r 
 
 rcfpeftivc 
 
Tit. 5. Church of ScoTLANi>a 31 
 
 refpe^live employments, and fubmitting unto the govern- 
 menc of the chufch now fettled by law And by the lOth 
 aft of Aflembly 1700, all presbyteries are appointed to 
 take fpecial, particular, and exad notice of all fchoolma- 
 fters, chaplains, governors, and pedagogues of youth with- 
 in their refpcftive bounds, and oblige them to fubfcribe 
 the Confeffion of Faith ; and in cafe of continued negli- 
 gence, (after admonition), error, or immorality, or not be- 
 ing careful to educate thefe under their charge in the Pro- 
 teftant Reformed Religion, the presbytery, with refpeft to 
 fchoolmafters, is to apply to the civil magidrates of burghs, 
 and heritors in land-ward ; and with refpeft to governors, 
 chaplains, and pedagogues, to their mafiers, for removing 
 fuch perfons from thefe offices : and if this be not reme- 
 died by them, that the presbytery, with refpeft to fchool- 
 mafters, apply to the commiffion of parliament for vifita- 
 tion of fchools and colleges : And it is appointed, that an 
 account be given in every half year to the presbytery, by 
 minifters, what fchoolmafters, chaplains, governors, and 
 pedagogues, are in their refpeftive parifties. And by the 
 I -ith aft of Aflembly 1706, fuch as have power of fet- 
 tling fchoolmafters, are to prefer thereto men who have 
 paft their courfe at colleges, and have taken their degrees, 
 before others who have not, c^eteris paribus, 
 
 $ 2. By the aft of Aflembly, December 17. 18. 1638, The work of 
 presbyteries are to fee that fchool^ in land- ward parilhes ^ land-ward 
 be fettled with able men, for the charge of teaching the f^^l^oolmafter. 
 youth public reading, and precenting of the pfaira, and 
 the catechifing of the common people. Which teaching of 
 the youth I underftand to be teaching to read, write, and 
 know the principles of religion, according to the aft of Af- 
 fembly Auguft 3. 164.2 ; and by that fune aft, every pref- 
 hytery feat and burgh is to have a grammar -fchcol. 
 
 TITLE 
 
^i Government of the Book L 
 
 TITLE VI. 
 
 Of DodorSj and Profejfors of Theology. 
 
 Tlie fenti 
 meats 
 church about 
 
 enti- $ I. A Ccording to the fifth chapter of the Policy of the 
 vx^^wAbo^t ^''■'^' ^" ^^^ General AfTembly 1581, the office 
 
 the doftor's ^^ ^^^^ doftor or catechifer, is one of the two ordinary and 
 office. He is perpetual fundilions that travel in the Word. He is to open 
 no pallor as up the mind of the Spirit of God fimply, without fiich ap- 
 plications as the miniders ufe. They are fuch properly 
 who teach in fchools, colleges, or univerfities : But to 
 preach unto the people, to adminiller the facraments, and to 
 celebrate marriage, do not pertain to him, except he be 
 called and ordained thereto. If the pallor be qualified for 
 it, he may perform all the parts of the doftor's office, that 
 being included in the pafioral. By the 2d article, chap. 
 1 1 . of the Difcipline of the French church, a do6lor in the 
 church cannot preach nor adminider the facraments, unlefs 
 he be both doftor and minifter. And when the General 
 Allembly, February 10. 1645, ratifies the propofitions 
 fent to them from the Allembly of Divines at Weftminfler, - 
 concerning church-government, and ordination of minifters, 
 they exprelsly provide, that the prefent ratification iliall be 
 noways prejudicial to the further difcuflion and examina- 
 tion of one of the articles or propofitions, which holds 
 forth, that the doftor or teacher hath power of the admi- 
 llration of facraments, as well as the paftor. 
 Catechifts, or § 2. Though the office of a deacon is included in the ; 
 doftors, office of a ruling elder, yet it is fit that fome be appoint- » 
 ^**^^jj^^fed deacons, difiina from that of the elder; fo, albeit the j 
 ^rid\n \trge office of a dodor be included in that of the pafior, yet it j 
 parifnes. were very fit that fome not in the facred order of the mi- 
 niflry were ordained and fet apart to teach and catechifc 
 the people, cfpecially in large and incommodious pariflies, 
 (See § j. of the preceeding title,) as well as in fchools and 
 colleges. 
 Synods are to § ^„ By the a£l of A flembly February 13. 1645, for 
 .report to the encouragement to fcholars for profefiions in fchools, it is 
 Aflembly the j-ecommended to fynods, to try who within their bounds 
 fcholars fit to moft probably may be for a profefiion in the fchools, and 
 be profeffors. report their names to the General Allembly, that they may 
 
 be 
 
Tit. 6. Church of Scotland. 33 
 
 be ftirred np, and encouraged by them to frame their On- rJop?.{lorcan 
 
 dies for fiich places, ihis cumulative power doth noways ^^ compelled 
 
 prejudge or hinder the faculty of an univer(ity (which haih rjr^*^^ j''7,' 
 
 power and right to ele£l) from doing of the fame It were jj^o- and leav 
 
 to be wiQied, that this cufiom of fynods, reporting to Ge- 1 if paftoral 
 
 neral AlTembliesthe names of fuch as are fit to be profef- t^harge. 
 
 fors, were again revived, and more exaftly praftifed; for 
 
 it would prevent the tranfporfing of minifiers to be only 
 
 teaphersor maRersin univerfities, which is an appointing of 
 
 him to exercifis the office of a do6lor, and difpendng with 
 
 him from preaching of the word, and adminifirating of the 
 
 facraments : Which difpenfation, or the loofing of which 
 
 tie, if it be a favour, it can never be impofed upon any 
 
 partor without his own confent; but if it be a puniHiment, ^ 
 
 it can be infii£ted upon none without their fault. It is liker 
 
 a commutation of offices than a tranfportation : or if he ftill 
 
 continue to be a paftor, his paflorai talent is thereby but 
 
 much hid in a napkin. By the :}d article, id chap, of the 
 
 French church-difcipline, doftors and profelTbrs of divinity 
 
 ffiall be ele£'.ed and tried by the fynods of the province . 
 
 where the academies are. 
 
 § 4. Ey the 5th chap, of the Policy of the kirk of Scot- The doctor as 
 land, the do£lor, being an elder, is to adiil the paftor in the ^"{^^ ^'^ ^'"'.^'^/' 
 government of the kirk. And by the a(fl: of Affembly J,'„^j.'^:j^^q.p^, 
 Auguft 4^ 1643, pi'ofellbrs of theology Cannot be eleclcd can be mem- 
 commiffioners to General Aflemblies, except they be mi- l^^fJ" of Afiem- 
 nifters; fo that, as doftors, they are not ruling elders, and '^^' 
 the Affembly confifts of none but paftors and elders : there- 
 fore, as doctors, they cannot be members of church judica- 
 tures for government and ruling ; fee §. i. huj. tit, 
 
 §, 5. By the aft of AH'eivsbJy June 18. 1646, profefTors Profcff-rs 
 of divinity are defired to preient their diftates to the next «i*^'^ates may 
 General Adembly ; but they declined at that time to make j^^. Qepcrrl*^ 
 any aft: about it for the future, till further confidcraticn. Afiejubllcs. 
 
 t TITLE 
 
34 
 
 Government of the 
 
 Book I. 
 
 Why called 
 rulinsr elder. 
 
 Election 
 elders. 
 
 of 
 
 Their trial. 
 
 Serving of 
 their edict. 
 
 Ordination 
 of elders. 
 
 TITLE Vil. 
 
 Of Ruling Elders, 
 
 § I. X-T^ ^^ called a ruling elder, becaufe to rule and go- 
 -8- -*- vern the church is the chief part of his charge 
 and employment therein ; and albeit he may aft as a dea- 
 con, yet his principal bufinefs is to rule well, and it be- 
 longs iiot to him to preach or teach. 
 
 § I . If there be a total vacancy of miniflers and elders 
 in a parifli, the presbytery fliould intimate to the heads of 
 families, to meet with fomc of tl^ir number on an appoint- 
 ed day, and then name elders. But if the maflcrsof fa mi- 
 lies do not keep the appointm.ent, then the presbytery are 
 to nominate and chufe the perfons to be elders. In cafe 
 the vacancy be not total, then the minifter and elders do 
 chufe fjch us fliould be added to their own number from a- 
 mong the heads of families, and the fitteft and raoft expe- 
 rienced of them may be fiippofcd to be among the deacons ; 
 fee Ailcmbiy Augull i. 1642. 
 
 § 3. The trial is to be by the minifter and elderfhip of 
 the congregation; or, in cafe of the want of thefe, by the 
 presbytery ; and they are to be tried both with rcfpeft to 
 their convcrfation, and alfo of their knowledge in the prin- 
 ciples of religion, and their ability and prudence for go- 
 vernment, 
 
 § 4. before ordination of elders, the names of the per- 
 fons nominated and tried in order thereto, are. to be pub- 
 licly intimate to the congregation; whereby all are requir- 
 ed, in cafe of their having any objeftion that is relevant 
 and true againft their ordination, to reprefent the fame to 
 the kirk-feffion. 
 
 § 5. T heir ordination is to be by the minifler of the con- 
 gregation ; or by one from the presbytery, in the cafe a- 
 bove fiippofcd, in prefence of the congregation, upon a 
 Lord's day after fermon is ended in the forenoon : at which 
 time, the minifter calling upon the perfons chofcn to be el- 
 ders, they are to be inteirogate concerning their orthodoxy, 
 and to be taken folemnly engaged, to adhere to, and main- 
 tain the doctrine, woriliip, diicipliue, and government of 
 
 the 
 
Tit 7- Church of Scotland. 35 
 
 the church, and to laythemfelves fiirth, by their office and 
 example, to fupprefs vice, cherifli piety, and exerce dif- 
 cipiine faithfully and diligently. Then the elders chofen, 
 IVill Handing up, the miniltcr is next, by Tolemn prayer, ro 
 fet them apart, in verbis de prafenli. After prayer the mi- 
 niftcr is to exhort both elders and people to their refpcsTtivc 
 duties. ^ . 
 
 § 6. In cafe an elder change his refldence, by removing ^^ acmu- 
 into another congregation, if the feffion, upon a fivory 
 report concerning him, fliall think fie to add him to their 
 number; then, if he be content to accept, his edift is to 
 be (erved, and he is thereafter admitted into the fclTion; 
 his qualifications having been tried already in the congre- 
 gation where he was ordained. 
 
 § 7. As the paftors and doctors fliould be diligent in pules of d- 
 teaching, and fowing the word of God, fo the elders fliouId _'^f.^"^ ^''"'^ 
 be careful, in feeking after the fruit thereof among peoples ^ " 
 lives. 1 hey are to aflift the parlor in the exam^ination of 
 them that come to the Lord's table, and in viiiting the fick : 
 They fliould caufe the at^s of Aflemblies to be obeyed : 
 They fliould be diligeht in admonifhing all men of their 
 duty, according to the rules of the Evangel. And things 
 that they cannot correct by private admonition, they ihould 
 bring to the elderiliip. See the Heads of the Policy of the 
 Kirk, 
 
 §8. By the ecclefiaftic remedies againfl profanenefs. They have 
 enadfed in the AfTembly Augufi: 10. 1 640, it is appointed, p'^itJcnlr.r 
 
 that every elder have a certain bounds afliCTned him, that "''•If^, ,! 1 
 1 -T I r 1 1 ix J par!fh(cailea 
 
 Jie may vilit the lame, every month at lealt, and to re- quarters in 
 
 port to the feifion what fcand:;ls and abufes arc therein, Scorknd) af- 
 
 or what perfons have entered without tcllimonials : and it fig»ecl them 
 
 were fit, that then fame time were fet apart for prayer: ^^"* '"^" '"' 
 
 and It were alio lit that ciders Jiiould always keep an exact ' 
 
 lift of all examinable perfons within their quarters, and 
 
 thereunto put marks, to diitinguidico.nmunicants fi-om the 
 
 ignorant and fcandalous, and the poor and indigent from 
 
 iuch as need not. 
 
 § 9. The duties of elders which are rnorc public are Their more 
 
 thefe which lie upon them in tlic Ailemblies of the church; P''l^ii<: fii^iic^ 
 
 in which ruling elder-, have right to reafon and vote in all ^'^^I'^itn'^tea. 
 
 jrjatrcrs coming before them, even as miniifcrs have : for 
 
 to General Alie liblics, their commilfions bear them to the 
 
 ii. I lame 
 
$6 Government of the Bookl. 
 
 fame power with paftors. Howbeit, by the practice of our 
 
 church, the execution of fome decrees of the church doth 
 
 belong to the paflors only; fuch as, the impofition of hands, 
 
 the pronouncing the fentences of excommunication and 
 
 abfolution, the receiving of penitents, the intimation of 
 
 fentences and cenfures about minifters, and fuch like. In 
 
 fliorr, the elder is to fpeak nothing to the church from the 
 
 pulpit 
 
 Number ofd- § ^o The number of elders in every congregation is 
 
 tiers, and to be more orleis, according to the number of people there- 
 
 thcircontinu- jp,, and plenty of fit and qualified perfons for that charge ; 
 
 * ' .'" and vylien they are once lawfully called to the office, they 
 
 may not leave it ;>gain, while their gifts and abilities for 
 
 difcharging the fame do continue. Albeit in fome congre- 
 
 r,ations, fuch a number of elders may be chofcn, fo as 
 
 one part of them may relieve another for a reafonable time,' 
 
 fro '.I the burden and exercife of their office, as was done 
 
 among the Levites under the law. See the book of Policy, 
 
 chap. 6, 
 
 TITLE VIII. 
 
 Of Deacons. 
 
 . § I. '^ S ''HK word Deacon is fometimes largely taken for 
 cleTconTJ^tP^- ^'^ ^^^^ ^^^ office in the miniltry, and fpi- 
 
 ken; the of- ritual function in the church : but commonly it is taken for 
 licedefcribed, that ordinary and perpetual ecclefiallical office in the kirk 
 ineieL on ^c Q^-^f■^[\ jq vvhom the coilc6lion and diitribution of the 
 that wants alms of the faithJul, and ecclefiadica] goods do belong. See 
 them. chap. 8. of the Policy of the kirk : Where it follows, 
 
 tb^t, feeing this office is of divine inflitution, it is an un- 
 warrantable omifTjon in fome congregations, that either 
 ihey put no diffi:rcncc betwixt elders and deacons, or el(e 
 they negltift to appoint any to the office of a deacon. See 
 tit 6. § ? I do not think it reafonable or very confiflent, 
 for any to be vcalous againlt adding to the kinds of office- 
 bearers of Chritl's appointment, while they are aftive in 
 or connive at the diminution of an)' of them. If it be faid, 
 the elder is a deacon, 1 anRver, albeit the paftor includes 
 lh<? office of doiTcor, elder, and deacon, yet feeing thefc 
 pre of divine inllitutioi), reverence is in [o far due unto it 
 
Tit. 8. Church OF Scotland. 37 
 
 as to fet up thefc diftlnft offices : as nothing flioulcl be added 
 to the divine inftitiition, upon pretence of imagined decen- 
 cy or order in the invention, Co nothing ought to be dimi- 
 niflied therefrom, upon pretence that fomethingsin the in- 
 ftitution are needlefs or luf erfluous. 
 
 § '. As to vs/hat refpe£ls the eleftion, trial, ordination, J^\ X 
 1-/T- • ^ ^ 1 r 1 ur tion, &c. the 
 
 admiilion, contmuancc, and number or deacons, the lame f^me with el- 
 method may be ufed about them, as was done concerning ders. 
 elders, mutatis mmandis. 
 
 § K. The duties of deacons may be reduced to thefe Duties of 
 heads colle£led from Mr Guthrie's treatise of^elders and deacons, 
 deacons, and the heads of the Policy of the kirk. 1 . 
 That they take exacl notice of the poor, and that they 
 timcoufly make their cafe known to the feflion, to the end 
 their ftraits may be relieved, and fo their breaking out in- 
 to begging may be prevented. 1. They are to collect and 
 receive that fupply for the poor, which the members of 
 that Tongregation, or firangers, fnall be inclined to oifer. 
 Q,: That the money fo received be faithfully delivered to 
 the feffion, according to v/hofe judgement and appointment 
 the deacons are to dlftribute the church-goods. In which 
 matters they have a decifive vote with the elders: but in 
 other cafcs their opinion is only confultative, and they may 
 be always prefent. 4. That they take care of orphans and 
 jidiots, and fuch as want knowledge and ability to difpofe 
 of, and order the things that concern their food and rai- 
 ment. 5. They are to take care that vv'hat belongs 10 the 
 Ipoor be not dilapidated, or mifappiied. 6. They are to ac- 
 Iquaint the mini(lers and elders of the fick within their quar- 
 ers, that fo they may be vifited, and, if need be, fupplied. 
 h. By the 9th chapter of the Policy of the kirk, deacons 
 were not only to collet^ and dilfribute thie ordinary alms, 
 )Ut all the church-goods, teinds, &c. and uplift and pay 
 o the rainiflers their {lipends. 1 his were indeed a work 
 proper for their office, an eafc to the miniiler, and would 
 :rcvent much noifc and offence that is raifed when char- 
 es to make paynient are given, either at their own in- 
 lance, or in nair.c of their ailignces or faiftors. ^'. They 
 nay be employed to provide tiie elements, to carry them, 
 nd ferve the comipunica^its ^\ the Lord's table. 
 
 TITLE 
 
38 Government of the Book I. 
 
 TITLE IX. 
 
 Of Moderators of Chiirch-jtidicaturcs, 
 
 Iris conveni-? ^ CEeing the moderator is frequently called to excr- 
 entthemode- ^ cife the power of order, as folenin public ecclefi- 
 rator beairii-g^j^ prayer, at leaft twice every feflion, to wit, at its firft 
 work' and op^ning, and then at its clodng, authoritative exhortation, 
 power. rebuke, direftion, it is convenient the moderator be always 
 
 a minifter: But if any affeft this office, he fliould be op- 
 pofed in his ambitious purpofcs. The pcrfbn chofen ^to 
 be a moderator fliould be of fuch abilities that he can dif- \ 
 charge the following work, viz. He is to look on himfelf 
 2S the mouth of the meeting ; he is to take on him authori- 
 ty, yet looking on it as theirs, not his ; he is to fee all the 
 rules for decency and order, prefcribed by the judicature, 
 exactly kept and obferved ; he is to acquaint the judica- 
 ture of all the affairs that lie before them, and may propofe 
 the mofi: fpeedy method how to di (patch them ; he is to 
 keep the members from interrupting one another, and from 
 fpeaking among themfelves, or from dircchng their dif- 
 courfc to iiny other than to himfelf; he fliould likewifc keep 
 members, in their fpeaking, clofs to the prefcnt buHncfs ; 
 any thing that is fpoken impertinently, he is calmly to re- 
 fent it, according to its den-ierit, that greater heats may b-: 
 prevented and diverted ; lafUy, after tlic matter hath been 
 fully reafoned on all hands, then he is briefly to re fume j 
 the fubftance of what hath been fpoke, and thereupon ftatc! 
 the vote, and put the queflion. If the vote be equally 
 carried, then the moderator, (who never votes but in that 
 cafe) may calf it : and if he be non liquet ^ then thequeffi- 
 on may be put again at fome other time. The moderator 
 may likewife, upon any extraordinary emergency, by h s 
 circular letters, convene presbyteties and fyncds, before^ 
 their ordinary time of meeting : So may the moderator of 
 the laft General AfTembly, only they ihould be fire to 
 have fufficient ground, and fo cautious, as to iiave a mul- 
 titude of counfeilors to warrant and fupport their adven- 
 ture 
 No alTcflbrs § 2. Our judicatures chufe no aflefiors to their m.odcra- 
 to our mode- tors, only he ordinarily prevails with, or invites tiie moff 
 rators. *' cx. 
 
Tit. 10. Church of Scotland. 39 
 
 experienced to fit near him, that he may have them ready 
 to direct and advife him ; and, in abfence of the prefent 
 moderator, his predeceflbr in that chair moderates ; and, in 
 cafe of his abfence, the elded minifter. 
 
 § 3. There is noconftant moderator but in kirk- feflions, No conflant 
 where the minifter moderates ex officio ; and if there be "moderator, 
 colleagues, they moderate by turns. Every prelbyrery, feffions. The 
 before they fall about bufinefs, chufe one of their brethren manner of 
 to be moderator, who continues for fix months, from one theireledion. 
 provincial fynod to another ; but the moderators of fynods 
 and afiemblies are changed at every new fynod and aficm-", 
 bly. The manner of chufing the moderators of the fe ju- 
 dicatures is thus : A lift is propofed by the former modera- 
 tor of two or three; which lifl: is ordinarily approved, witlv 
 the addition of one or two more; out of which lift, the 
 candidates having firft, by turns, given their voice, and re- 
 moved, the moderator is chofen by the fuffrages of the mi- 
 nifters and elders, and fet in the place of the former mo- 
 derator. 
 
 § 4. It is the privilege of all the members of any free The privilege 
 judicature, to propofe a vote, and have it put to tlie que- of members, 
 ftion, provided it be feconded by another member, and 
 that although both the moderator and other nii^mbers 
 fliould oppofe the motion. 
 
 TITLE X. 
 
 Of Clerks y Readers f and Precentors, 
 
 § 1. 117 Very judicature of the church is to have a clerk Aclerk,hise- 
 
 -*-^ of their own chufing, to record their a£ls. They '^^^^o^' ^^''" 
 
 are, I think, as free courts as any councils of royal burghs, "^^%"' ^'^^ 
 1 1 • r 11-11 1 1 , contmaance. 
 
 on whom the mipoling a clerk is declared to have been 
 
 contrary to law, by the meeting of eltates 1689. At his 
 admillion, he is to give his oath de fiddly and continues ei- 
 ther during pleafure or life, as they picafe to make it : Buc 
 in cafe neither of thefe be clearly expreffedin his a<ft of ad- 
 million, then it is to be underltood only during pleafure, 
 bccaufc all judicatures are ftiil fuppofed to retain their li- 
 berty to difinifs fervants when they v/ill, unlefs a furreu- 
 der or reftri(5tion of that liberty be proven. 
 
 ^ 2. Aas 
 
40 Government of the Book I. 
 
 How far ex- § 2. A(5ls and deeds under clerks hands are probative 
 
 trads arc ^j-'ks and thc warrants thereof are prefbmcd : vet (b, as 
 prouati\c .£• ,. . 111! A \ 
 
 It tney be recenily quarrelled, the warrants mult be pro- 
 duced No wife clerk will give an extract till the mi- 
 , iiutes of that diet have firft been read. The extra(5ls prove 
 what was done by thc judge, or what was faid or alledged 
 by parties, but they do not prove that the things alledged 
 were true, except in fo far as the inftru6tions thereof are 
 exprefled. See Stair's inftitut. page 6»8. 
 A clerk is not § *;• Albeit clerks be very near of kin to parties, yet - 
 to be decii- confidering the knowledge and faithfulnefs, that in charity 
 "^^- is fuppofcd to be in church-judicatures, it may be thought 
 
 that they v/ill rather over-rule their clerk, than he them ; 
 and therefore he cannot be declined. Jn inferior civil 
 courts, where frequently there is but one judge, and it is 
 known the clerk doth commonly excel him in knowledge, 
 in which cafe a declinator Hioul.i be fuflained, and another 
 appointed to be clerk to that procefs in his place, who is 
 not of near kin to the party. 
 The firfl rife § 4- -^^ the beginning of the Reformation, when there 
 of readers, was fuch a fcarcity of minlflers, and few of the people 
 Th°yarenow could either read themfcives, or had ever heard the word 
 ceaie . ^p q^,j publicly read in their own language; our re- 
 
 formers, in the year :6'>5, did appoint men to read the 
 Common Prayers and Scriptures, till thefe churches fliould 
 be furniflied with minifters : but now, feeing there is fuch 
 an incrcafe of knowledge, and plenty of teachers, there 
 is no public rending of the word, except by fuch as are 
 Jicenfed, or ord.'-ined to preach it, and can help the hear- 
 ers to underiland the meaning thereof 
 Prccenton, § 5- Precentors, or chanters, are they who begin and 
 their office.' ordcr the tune of the pfalm that is to be fung, and there- 
 by direcl the church's raufic : By the vulgar fort they are 
 Yet called readers, though improperly. They are in mod 
 congregations clerks to the kirk-felTions ; lee book II. tit. 
 
 J.§25. - 
 
 Beddals,their § 6. Beddals, or bccdlc<?, are by our judicatures called 
 olfic.:- and ofUcers. Thcv arc to the church what the appariiores 
 qnaliacati- vvere to civil courts, viz. magtfiratumminijtri^ qui eorum 
 jujja excquuntur, {o called, quia prcejlo funt, ohjequuvliir^ 
 que mag:patibii?. At their admifllon they give their oath 
 defJeli, becaufe their executions bear fuith. They llioulJ 
 
 be 
 
 Oils 
 
Tit. ir. Church OF Scotland. 41 
 
 be perfons of a blamelcfs life, and were affected tothe church 
 eftablirtimenr, who will notdifcover the fecrets of the ju- 
 dicature J and they iliould alfo be fuch as can read c nd 
 write. 
 
 TITLE XL 
 
 Of Kirk-fefpons, 
 
 §. I. A Lbeit in a- fciTion the mlnifter is rtioderator ey, of- No mlnifter 
 
 l\ ficio, as hath been faid, yet he hath by right no i""!^ "W^ o- 
 more power thereby than the moderators of other church- ' 
 judicatures. See the a61: of the General AfTembly Decem- 
 ber 17. 1638, anent voting in kirk-felTions; miniflers mo- 
 derating therein are not to ufurp a negative voice over the 
 members of his fclTion ; and where there are two or more 
 minifters in one congregation, that they have equal power 
 in voting, that one of them hinder not tnc reafoning or vo- 
 ting of any thing, being agreeable to the a<5ts and practice 
 of the kirk ; and, even in that cafe, voting and :eafon!ng 
 upon any fubjeft can never be hindered, it being 'nconfift- 
 ent with the liberty of a free court to be impeded or com- 
 pelled : But the debate may perhaps furnifli ground for a 
 proteftation or appeal. See tit. 8. § 6. 
 
 § 2. The kirk-feiTion coniifts of one or mere minifters, Conftitucnts 
 and of the elders of the congregation ; and it is mofl con- °^ f leiiion, 
 
 , II 11 r r and time or 
 
 venient they meet weekly, on a week-day, atter icrmon ; ^y,^Yr mcet- 
 for, on the Sabbath, matters of civil right, fuch asdifchar- ing. 
 ging of the almoner's intromiffions, fecuring of money, or 
 ordering of diligence for recovering the fame, ought not 
 to be treated or concerted by any man, and far lefs by 
 church'guides, whofe office it is to check that profanity in 
 others. The deacons are always prcfent, not for difci- 
 pline, but for what relates to their own office. Ignorant 
 and fcandalous perfons are to be put off, and kept off from 
 kirk-fefljons. See a£l of Afiembly, Auguil ro. 1648. 
 
 § ^. The matters treated by them, are what concern Mauersireft- 
 church-'dircipline, and the worfnip of GoJ. in that congre- edby thcia. 
 gation, as, what davsofthe week are meeteft for afleni- 
 bling to public worfliip, and what hour on the Lord's day 
 before and after noon; v^'hen it is feafonabie for parochial 
 fafts and thankfeivings j what times are fittell for catechi- 
 
 F fin" 
 
42 Govern MENTOFTHE Book T. 
 
 fing and vifiting of families ; how often, and when the 
 Lord's flipper is to be celebrated. They are likeways to 
 inquire into the knowledge and fpiritual (late of the mem- 
 bers of the congregation, whom they are to admonifh or 
 encourage as they fee caufe, and to exclude from the 
 Lord's table all who are found ignorant or fcandalous. 
 According to § 4. In the ordering of all which matters, nothing is to 
 •what rule. ]^q Jqji^ ^y tiieni, but what is according to the fettled or- 
 der and practice of this church: and if there be any new 
 or difficult emergency that caufeth doubting or hefitation, 
 the matter is to be referred to the prefbyterj, for their di- 
 re(5lion and authority. 
 Secret con- § 5. By the 5th chap. 28th and 30th articles of the 
 feffions not French church-difcipline, confiftories fhall not give certi- 
 l^\ ''^ ^T,^";" fic^tcs to magidrates by a£l: or otherwife, nor fliall parti- 
 what cVfes.^ cular members of confiftories difcover unto any the con- 
 fefJions of penitents, which voluntarily, or by admonitions 
 given them, fliall have confefled their faults unto them, 
 except it be in the cafe of treafon. And as for crimes 
 which ilia) I be difclofed to minifters by thofe who dellre 
 counfcl and confolation, they are injoined not to reveal 
 them to magiflrates, fearing leafl blame fliould be drawn 
 on the miniftry, and finners for the future fliould be dif- 
 couragcd to come to repentance, and make confefTion of 
 their faults, which lliall ftand good in all crimes conftlled, 
 except it be treafon. It fhould be confidered that none of 
 the reformed churches of France had the happinefs always 
 to have thofe of their own religion to be their conrtant 
 judges ; and the rcDutation of the Prorellant religion was 
 not tenderly treated, nor duly regarded, when conOftoriai 
 delations againfl; their brethren were made to Popifli judges, 
 1 Cor. vi. 1. " Dare any of you, having a matter againft 
 " another, go to law before the unjult, and not before the 
 *' faints ?" in the fe times, when the church's enemies have 
 power and authority : But now, v/hen the civil judge:; own 
 the fame way of God with the church, what fliould hinder 
 ihem to inform the magiftrate againit delinquents, both to 
 their and others terror. 
 Privy cen- § ^' I" every felTion there ought to be twice in the year 
 'fireinfcmons privy ccnRires of the members, clerk, and beddal. The 
 undbov.-tobe |-njni(lcrs Undergoing their privy cenfurcs in the prefbytery, 
 nianagec. ^^^ ^^^^ ^^ Undergo them before the felTion. In the ma- 
 naging 
 
Tit. II. Church of Scotland. 4.? 
 
 naging of this cenfure, the members are one after another 
 to be removed, and then the reft of the members declare 
 what they have obferved concerning the converfation of him 
 removed, and of his diligence and prudence in his (tation. 
 It is 10 be remembered by all church-judicatures, at thc:r 
 privy cenfiires, that no member judicially delate another, 
 nnlefs fecret fatisfaftion hath been fought and refufed. 
 After elders, deacons, clerk, and beddal, have paft their 
 cenfure, each of them, as they are called in, is either to be 
 admoniflied before all, or others impowered to do it pri- 
 vately; or elfe they are to be encouraged as need requi- 
 reth. 
 
 § 7. By the aa of Affembly Auguft 19. 1639, the Seffion-books 
 books of kirk-feffions are to be pnefenied once a year to to be tried by 
 the prefbytery, that they may be tried by them ; or when i.^-yeaily". 
 there is a vifitation of the parifli by the prcibytcry. Al- 
 fembly Auguft 10. 1648. 
 
 §8. By die aft of Aflerably February 12. 16^^, it is Eadifcffionis 
 recommended to every kirk-feftion, to buy the printed afis l°:j.g'jy|^g^^. 
 of the Allembl)^ and preft^yteries are ordained to crave {^{^ ^.^g^^l^'^nji 
 account thereof, and fynods are to crave account from prcf- to obferve 
 byteries. And it is added to this a£t, by the 1 8th of the them. 
 Aifembly 1 705, that the agent for the kirk in all time co- 
 ming, after every AlTembiy, fo foon as the atSts thereof 
 fliall be printed, tranfmit as many copies of the fame to 
 every preft^ytery as there be parillies therein, and both 
 prelbyteries and feflions are ordained, at their firft meeting 
 after receiving the faid afts,tocaufe read fo many oftheni 
 as are of public concern, in order to their obfcrving there- 
 of; and all this to be upon the charges of the feveral pref- 
 byteries and felfions. 
 
 § 9. By the 4Th "article of the 5th chapter of the French f'^" kirk- 
 church-diicipline, it fliali not be permitted to eftablifti other i'^^l'!? -jone" 
 council for any church-bufinefs vvhatfbever; and if in any ^f^y rc-foima-- 
 other church, there fliall any other council be eftablifhed tbn of man- 
 different from the coniiftory, it fliall furthwith be fbp- "5*"=^ 5-^ ^.F^-- 
 prefTed: Neverthelefs, the confiftory may fometimes call |.j^^^'J^^.:"S 
 to its aid fuch of the church as fhall be thought convenient, fti-tes con- 
 and that the eccleliaftical matters be treated of only in the currencc. 
 place where the confiftory doth aflemble. They have 
 lately crcded in England fccieties for reformation of man- 
 ners, not without fome fecming fuccefs againft vice and im- 
 F 2 morality. 
 
44 Government OP THE Book I. 
 
 morality, which is commendable and requifite there, until 
 the difcipline and government of their chnrch be more 
 pnre, and better reformed : But for the church of Scot- 
 land, as now eflablifhcd, to imitate that example, beHde 
 that it might become an introduction to innovations, it would 
 refcmble a Vain youth's bringing wide-ilecved coats in fa- 
 fliion, bccaufe fome perfons of quality, who had a diftem- 
 per in their arms, were necelTitated to can (e make them 
 wide for their own eafe. The author of the Stage con- 
 demned, page 45. proves ftage-plays to be condemned in 
 fcripture by this argument, that which God hath appointed 
 fufficient means to accomplifn, it is unlawful for men to 
 appoint other means to rccomplilli it. But God hath ap- 
 pointed fufhcient means for recommending virtue and dif- 
 coiintenancing vice, without the ftagc: £'X(?, it is unlaw- 
 ful for men to appoint the flage for recommending virtue 
 and difcountenancing vice. And the fame argument, mu- 
 tatis mutandis, mifiLares againft thefe new lay-focielies for 
 reformation of manners in the church. 
 
 TITLE XII. 
 
 Of Presbyteries. 
 
 Ti^e conilitn- § *• '' i ^Hi s judicature confifts of all the paftors within the 
 cuts of a pref- -°^ bounds, and one ruling elder fiom each p.irilh 
 
 bytery, their therein, who receives a commiffioa from the eldcrihip to 
 ^^•1?™!%,/" be a member of the prefbytery, and rcprcfeiat them ihere 
 ill'-. ^^ ' ^i*^ ^^'^^ "'^^'^ fynod be over : Thus twice a year there are 
 new elections of the ruling elders. The number of pa- 
 rifhcs aflbciated in prefbytcrics, for tl^cir mutual help, is 
 determined by authority of the national fynod, Deccinbcr 
 :". 18. if'38, article 8. as the adjacency of the congrega- 
 tions, and the eafinefs of travelling doth beft allow. 
 AVhere there are collegiate minifters, that fedion may fend 
 as many ruling elders. The directory for government laith. 
 That to perform any clafTical z^ of government or ordina- 
 tion, there fliall be prefent, at IcaU, a major part of the nii- 
 niilcrsofihe whole '''J/i'. Prel by tcries iliould meet every 
 third week, and oftner, if bufiuefs require it : But of this 
 i'cc § 3. of I his title. 
 
 § 2, Every 
 
Tit. 12. Church OF Scotland. 45 
 
 § ' Every meeting of a prefbytery is to begin with a Prefbbyterial 
 fcrmon by one of the brethren appointed formerly for that exerciles and 
 efTe6l, upon a text aflTigned him by them, except when^°' 
 probationers or intrants fupply the pulpit in their public 
 trials. The half of the time allowed for this prelhyterial 
 exercife is to be taken up in the explicatory and analytic 
 part of the text, and in anfwering textual and critical que- 
 Ihons and difficulties ; this part of the work b called ma- 
 k/./7^, and requires more efpecialiy the gift of the doctor. 
 The other i-.alf of the time allowed is to be taken up in 
 raifing of doctrines and obfervations from the text, and ap- 
 plying them in their feveral ufes; which lad part is called 
 (idiiing, and it requires more efpecialiy the gift, and nccef- 
 farily the authority of the paftor. After the exercife is o- 
 ver, and the prefbyery conftitute, the ccnfure of the ex- 
 ercife they have heard ufeth always to be their firft work, 
 which may be done before them who had the exercife. Be- 
 lide this, the brethren of the prefbytery, by the aft of Af^ 
 (cmbly December 17. 28. 103S, are to have fome com- 
 mon head of doftrinc publicly difputed in the presbytery 
 among the brethren, every firft presbytery of the month, 
 according to the aft; of Afiembly holden at DuriOee 1598, 
 feJ'C 12. 
 
 § 3. By the forefaid aft 1638, presbytcrial rneetings are Abfents to be 
 to be weekly, except in places tar diftant, who, between cenfured. 
 the ift of Oftober and ift of x-^pril, are difpenfed with for 
 meeting onoe in the fourteen days. See § i. tit. 12. Like- 
 wife that aft appoints all abfents to he cenfured, efpecial- 
 iy thofe that fhould exercife and add, according to the afl 
 of Allerably April 24. 1582. 
 
 § 4. The presbytery treats of fuch matters as concern 
 the particular churches within their bounds, as the exami- ^^^"^'P trea- 
 nation, admiflion, ordination, and cenfnring of miniflers; byterles^ ^ ' 
 the licenfing of probationers, rebuking of grofs or contu- 
 macious finners; the direfting of the cenfure of excommu- 
 nication ; the cognofcing upon references and appeals from 
 kirk-felFions; the revifing and reftifying Vt^hat hath been ill 
 done or negligently omitted by them, at their approving 
 of the kirk-feffion books and records; the anfwering of 
 queflions, cafes of con fcience, and folving of difficulties in 
 doftrineordifcipline, with petitions from their own or thofc 
 in other presbyteries j the examixiing and cenfuring ac- 
 
 • cording 
 
46 
 
 Government of the Book I. 
 
 l^rocefTes that 
 begin, but 
 cannot be de- 
 tennined by 
 the feflion, 
 but referred 
 to the prefby- 
 tery, as the 
 judges com- 
 petent. 
 
 When the fef. 
 fion may cite 
 a perfon to 
 tlie prefby- 
 tery. 
 
 Se{fions can- 
 not abfolve 
 from fach 
 fcandals 
 V ithout the 
 prclbytei-y. 
 
 Correfpond- 
 ence of pref- 
 bytcries. 
 
 cording to the word of Gcd, any erroneous doftrine, which 
 hath been pubhckly or more privately vented within their 
 bounds, and the endeavouring the reducing and converfion 
 of any that remain in error and fchifm ; the appoiniingof 
 vifitation of churches by themfelves as occafion offers, or 
 the perambulation of parifhes, in order to their uniting or 
 disjoining ; all which are either concluded or contmucd to , 
 further confideration, or referred to the fynod. \ 
 
 § 5. By chap. 6. aft 1 1. of Aflembly 1707^ there are 
 fome proceflcs which natively begin at the kirk-fclhon, 
 but for the atrocity of the fcandal, or difficulty in the 
 affair, or general concern, the ftfTion having frequent meet- 
 ings of tiie prefbytery to have rccourfe unto, do not de- 
 termine of themfelves; fuch as, fcandals ofinceft, adulte- 
 ry, trilapfe in fornication, murder, atheifm, idolatry, 
 witchcraft, charming, herefy and error vented and made 
 public by any in the congregation, fchifm and fcparation 
 from the public ordinances, ])roce(]cs in order to the high- 
 efl cenfure, and continued contumacy, but proccffes for 
 al! fuch crimes and fcandals, are to be referred to the pref- 
 bytery, by an extraft of their procedure thercruient. And 
 when there is no conlellion of the fcandals above-mention- 
 ed, the feflion is not fo much as to proceed to lead pro- 
 bation by witnefTes or prefumptiuns, till they be authorized 
 thereto by the prelhytcry's anfwer to their reference fore- 
 faid. 
 
 § 6. When the procefs is fo clear, as in the cafe of a 
 judicial confefTion, then the kirk-feffion may fammon the 
 delinquent, when before them apud abta^ to compear before 
 the prefbytery : but where there is any d-fhculty, ihey 
 fliould firfl: inform the prefbytery, -and get their allowance 
 before the party be fummoncd before them. 
 
 ^ -7. When perfons cenfured for thefe groflcr fcandals do 
 apply to the kirk-fcflion for relaxation; they may both be 
 privately conferred v/ith, and likewife their acknowledge- 
 ments heard before the fclfion, but they ouglit not to be 
 brought before the congregation, in order to their abfblu- 
 tion, nor abfolved but by direftion and order of the pref- 
 bytery. 
 
 § 8. Prefbyteries in fome cafes may fend commifFioners 
 to other prefbytcrie?, cither to advife them, or to fcek ad- 
 vice from them. By aft of Aifembly June i^. 1646, it 
 
 '■ is 
 
Tit. 13. Church of Scotland. 47 
 
 is recommended, that a correfpondence be kept among 
 prefbyteries conftantly by letters, whereby they may be 
 mutually affiding to each other, 
 
 § 9 In every prefbytery, at leaft twice a year, on days Privyccnfures 
 for prayer, as fliouid be done in fefTions likewife, before ^? prefbyte- 
 each fynod, there ought to be privy cenfures, whereby feafon upon 
 each minifler is removed by courfe, and then inquiry is days of pray- 
 made at the paftors and elders, if there be any known fcan* ^r. 
 dal, fault, or negligence in him, that it may be in a bro- 
 therly manner ccnfured ; after the minifters, the prefbyte- 
 ry clerk is to pafs thefe cenfures likewife. By the oth 
 article of the 7th chapter of the French church difcipline, 
 at the end of the colloquies, amicable and brotherly cen- 
 fures fhali be made, as well by the pallors as by the elders, 
 which fhall be there prefent, of all things which fliali be 
 thought fit to be reprefented unto them. 
 
 TITLE Xm. 
 
 Of Parochial Vifitations h'j the Presbytery.' 
 
 § (. "pArifhes are vifited by prefbyteries, either occafion- vifitatfons 
 
 -■- ally, pro re na:a, according to the weight of the occafional or 
 emergent which doth require the vifitation, or ordinarily and ordinary. • 
 in courfe, whereby every congregational church is vifited 
 once a year, Aflem. 1638. k^. 23. ^4. art. 3. at leaft, this 
 ordinary vifitation fhould be going round all the parifhcs 
 in order till they be vifited, before others be revifited in 
 ordinary ; for by the i6th aft of AfTembly 1706, prelby- 
 terial vifitations of pariflies are to be frequent. 
 
 § 2. The prefbytery is tocaufe intimation to be made of ^^^^"^ the clay 
 their appointed day for the vifitation of that parifii, by a J-'on is to be 
 brother of another congregation, from the pulpit, immedi- intimated. 
 ately after the forenoon's fcrmon, on the Sabbath, ten 
 days preceding the day for the vifitation, requiring the 
 minifler of the parifli to preach at that time and place on 
 bis ordinary text, and fummoning the heritors, elders, and 
 whole congregation, to be prefent that day, to hear fer- 
 mon ; and thereafter, that the ininifter, heritors, elders, 
 and heads of families^ do attend the prefoyteiy, to acquaint 
 them with the ftate of that kirk and congregation in every . 
 point ; and if any of them have certain knowledge of any 
 
 # thing 
 
48 
 
 Government of the 
 
 Book L 
 
 The mlni- 
 fter's library, 
 and feflion 
 regifter, to 
 be feen and 
 revifed. 
 
 Preliminaries 
 to the N'ifita- 
 tion ; and 
 how the el- 
 ders are to be 
 interrogate. 
 
 Minifters fa- 
 milies to be 
 interrogate 
 concerning 
 their lives. 
 
 Kirk-feffions 
 interrogate 
 concerning 
 their pallor. 
 
 thing amifs in their miniftcr, elders, deacons, precenter^' 
 fefljon -clerk, fchoolma(ter, or beddal, that they do then 
 acquaint the prefbytery therewith. 
 
 § ^. The fcflioM regifters, together with a catalogue of 
 the minifter's books, are to be produced to the prefbyteryj 
 before the vifitation, and given to two of the fitted brethren, 
 and befl: acquainted with that miniftcr and people, to be 
 feen and revifed ; and they to report at the vifitation. 
 
 § 4. Sermon being ended, and the presbytery conftitu- 
 ted, the minifter's doctrine he had in his fermon, is firft to 
 be confidered, as. in the presbyterial exercife, then the 
 church Bible, ConfefFion of Faith, Afts of the General 
 Afiemblies, ads and proclamations againli profanenefs. and 
 other z£ts and papers relative to the church, are all to be J 
 called for and produced before the presbytery. The vifi- ^ 
 tors of the fcITion's regiflers, and minifter's liberary, arc to 
 make their report. The presbytery, at the entry on the 
 vifitation, having removed the minillcr, are to caufe read 
 over their agings at the laft vifitation, and fee if wh.it was 
 then recommended or ordered hath been made effeftual, 
 and rake the excufes of abfent elders and deacons therefrom ; , 
 and, if need be, to call in any parry for "information. If | 
 nothing arife from that, to divert the presbytery from the 
 orderly method, all parties being removed, the presbytery , 
 is to call in the felTion one by one, and to enquire them con- | 
 cerning their minifter : yea further, by the a6t of Allembly ' 
 June 13. 1O46, at vifitation of kirks, the elders, one by 
 one, the reft being removed, are to be called in, and exa- 
 mined upon oath concerning the minifter's behaviour. 
 
 § 5, By the a£l of Aifembly i59t>, ratified December 
 17. 18. 1038, at vifitation of kirks, the families of mi- 
 nifters are to give an account, and to be tried concerning 
 the good order and behaviour that they obfcrvc within 
 their families ; and luch as are found neglc<51:ors of family- 
 worfhip, or inftru6ting of all in their families, or fuch as 
 remove not ihofe who areoffenfive therefrom, fhall, after 
 due admonition, be judged unfit to rule the houfe of God ; 
 for he ought to be one that rulcth well his own houfe, 
 I Tim. iii. 4, 
 
 §6. 7 he queftions to be inquired by a presbytery at 
 the elderftiip concerning a minillcr may be ihcfe, and fuch 
 like: I. Hath your minifter a gofpcl wailc and converfa- 
 
 tion 
 
Tlr. 13. Church of Scotland. 49 
 
 tion before the people ? And doth he keep family -wor- 
 fliip ? And is he one who rules well his own houfe ? Is 
 he a haunter of ale-houfes and taverns? Is he a dancer, 
 carder, or dicer ? Is he proud or vain-glorious ? Is he 
 greedy, or worldly, or an ufurcr ? Js he contentious, a 
 brawler, fightet, or ftriker ? is he a fwearer of firiall or 
 minced oaths? Ufeth he to (ay, .'efore God it is fo; or, in 
 his common conference, I proteft, or, 1 protefl before 
 God? Or, fays he, Lord, what is that? All which are 
 more than yea and nay? Is he a filthy fpeaker or jcfter? 
 tears he familiar company with dif affected, profane, or 
 fcandalous perfons ? Is he diflblnte, prodigal, ^'g'^t' or 
 loofe in his carriage, apparel, or words ? How fpends he 
 the Sabbath after fermon ? Saw ye him ever drink healths ? 
 Is he at variance with any ? Is there any that reproaches 
 him? Or, is he well beloved of all? And upon what 
 ground is ic that the variance or good liking of the people 
 is? — 2. Keeps he much at home at his minifterial work ? 
 ( 'r, doth heoccafion tohimfelf diflraftionsand unnecellary 
 diverfions therefrom ? is he conilant at his calling and 
 ftudies, or takes he but pains at fits and flarts, fiich as ac 
 fafts, communions, viiltations, £:c.? Is Saturda}?- only his 
 book-day, or is he conftantly at his calling? — 3. Doth he 
 difcountenance or difcourage any that is ieeking Chrill ? 
 Doth he preach found doftrine, fo far as ye can underftand ? 
 Doth he preach plainly, or is he hard to be underftood for 
 his fcholaftic terms, matter, or manner of preaching? Doth 
 he faithfully reprove fin, efpecially fiich as mofi: prevail in 
 the pariflh ? What time of day doth he ordinarily begin 
 fermon on the Sabbath ? And when doth he difinif-. the 
 people? Spends he too much time in his fermon, in re- 
 petition of what he faid before ? Doth he Icfttire and 
 preach in the forenoon, and preach again in the afternoon 
 on the Lord's day, and that both fummer and winter? 
 Doth he read a large portion of fcripturc in public, and ex- 
 pound the fame? Doth he {)reach chatechetic do&ine 
 ordinarily in the afternoon? Hath he a v/eek day's fer- 
 mon, and collections on thefe days ? When the Lord in his 
 providence is fpeaking extraordinary things, doth he tic 
 himfelfto his ordinary text; or makes he choice of one 
 more appofite and fuitable to the difpenfation ? Seeks he 
 to preach Chrifl his bea]My and excellency, and to open up 
 
 G the 
 
50 Government of the Book I. 
 
 the power and life of godlinefs ? Endeavours he to dlf- 
 cufs cafes of conlcience. to let you know your fpirirur.l 
 flate, what it is ? — 4 Doth he, according to the a£l of Af- 
 fembly 170R, vifit the people and families, at leafi once a 
 year in a minirtcrial way, reaching and admonilhing from 
 iioufe to houfe ? And doth he vifit the fick when need- 
 ful, and pray over them ? Doth he vifit them who, 
 through age or ficknefs, cannot come to the public wor- 
 fliip ? Doth he labour to fpcak to the fick fuitably to 
 their various inward conditions ? Doth he not cfpecially 
 vifit fuch as be exercifed in confcicnce ? Doth he vifit fuch 
 ns are afflicted by death of children or other relations ? Vi- 
 firs he the widows, orphans, and poor? If he be miniller 
 r.fa burgh, vifits he the pfifoners? Is he not careful 
 when he vifit ^ families to confer with them in private, and 
 pray with them, thereby learning the cafe of their fouls, 
 that fb the doftrine in public may the better meet with 
 rhcir condition P — 5. Doth he adminifier the facrament of 
 baptifm in an orderly way, when the congregation is con- 
 vened ; or doth lie it at any time privately ? Doth he 
 add any word to, or alter the words of inilitution ? — 
 6. Doth he frequently catechife his parifliioners,, and admi- 
 ni!kr the facrament of the Lord's fupper to them ? And 
 i-; he careful in keeping from that holy ordinance all who 
 pre known to be fcandalous, grofsly ignorant, or erroneous ? 
 Iriow often have ye the communion every year ? Doth 
 he not begin to carechifc young ones about nine or ten 
 years cf .^ge, and how cenfures he contemners of catec'i- 
 (ing? What co'.irfe is taken with contemners of the Lord's 
 i upper upon frivolous pretences ? At the Lord's fupper 
 c'oth he not canfe cut the bread in large and fair fliavcs ik 
 for mutual fraction and diftribution, that as they give the 
 cup to the ncarell afhdeiir, fo having broken off a part of 
 the bread wirli their hand for themfelves, they give the rcfl 
 lo the perfon fitting ncareft them ? Do your, people all fit 
 at the Lord's table? in the time of difiribution, Caiing, 
 and drinking, is there any reading, or finging of pfalms, or 
 is there filence, and fo time for meditation, except it be a j 
 fliort, pertinent, and av.akeningvvord dropped by the pa- 
 *lor? — 7. Hath he a competent nimiber of ciders ? And 
 |iath he deacons in the parifli diffinct from elders ? Doth he 
 Jceep fcfiiDnal meetings frequcntk- ? And is he impartia,! 
 
Tit. i^. Church opSeoTLANDi 51 
 
 n the exercife of discipline againft all offenders? Is there 
 frequent meetings of the members of feiTion, for fatting 
 and prayer, according to the a£t of Ailembly j 699 ? Doth 
 he travel with public penitents in private, to make them 
 ferj^ble of their fin. accordinsr to its circumflances, and fen- 
 fible of mercy, that the love of Chriil may overcome the 
 love of fin ? And then doth he abfolve them, wheii 
 brought up to fome ingenuous confefl'ion and refoiution 
 for the future ? Doth he ever cenfure pcrfons for living 
 idle, breaking of promife, or for backbiting ? Doih he 
 ccnlure ke* pers of fuperlTuious days? How doth he re- 
 ftrain abufes at penny-bridals ? Doth your feiaon meet 
 weekly ? Doth your miniller coolzie any whom another 
 brotlier hath in procels ? Or do'di he carry any way par- 
 tially, that Co he may become popular? I)oth he in fef- 
 fion afTa.iie to himfeif a negative voice ? When he is ne- 
 ccllitated to leave his flock, doth he not acquaint the fef- 
 fion with it ? — I) . Is he cai eful to take away variances that 
 fall out amonff families, and compofe differences among 
 particular perfons in the congregation ? IT'a^ fr 
 
 § 7. After that the elders have anfwered to thefe or the [^^yJs inter- 
 like queftions, then the heads of families are to be interro- rogate con- 
 gatein generalconcerning the livesand manners of the mem- cerning the 
 bcrs of the feffion ; and the pallor is to anflver more parti- ^'---"■'- '■"'^• 
 cuiarly to thefe or the like queftions : i. Is your fcflion 
 rightly conitirutc, and all the elders and deacons duly ad- 
 mitted according to the a£ts of the Aflcmbly ? 2. Do they 
 all attend gofpei-ordinanccs, and the diets of the fefTion ? 
 _q* Are they grave, pious, and exemplary in their lives and 
 Gonverfations? Do they worfiiip God in their f^amiiies? 
 Is any of your elders an ignorant man, a drinker of healths, 
 a tipler, a drinker exccllivcly to drunkenoels, a fwearer» 
 an oblerver of Ituie-days, occ ? Is he one that oblerves 
 not the Sabbath ? Is he careful to keep his oath of ad - 
 miflion taken before God in face of the congregation, nor 
 to delate or cenlure, but as edification requires? Do any o- " 
 
 them work on folemn faff or ihankfgiving days? is any 
 of them a mocker of piety ? 4. Are they diligent, care- 
 ful, and impartial in the exercife of their oflices ? Do ihd 
 ciders vilit the families within the quarter and bounds af- 
 figned to each of them ? Are they careful to have the 
 Wotlhip of God fet up in the families of their bounds ? 
 
52 GOVERI^MENTOFTHE Book I. 
 
 Are they careful in calling for teflimonials from perfbns 
 
 who come torefide in the parifh ? Do the elders take all 
 
 difcipline upon themfelves without the miniiier ? Or do 
 
 they labour to carry things faftioufly, or by plurality of 
 
 voices, contrary to God's word, and the laudable a(51s of 
 
 the presbytery, provincial, or General Aflemblics ? 5. 
 
 Plave tht. elders fubfcribcd the Confeffion of Faith ? And 
 
 are they well affeftcd to the government, worfhip, and di(- 
 
 cipline of this church? 6. Have the elders and deacons 
 
 their diflinft bounds aligned them for their particular in- 
 
 Ipedicji ? y Does your felfion always appoint a ruling elder 
 
 to attend presbyteres and fynods? ^. Are the deacons 
 
 faithful in their office, in colledting and diflributing all the 
 
 kirk -goods, and in having a care of the fick poor ? After 
 
 all thefe queries are over, the miniflcr and elders are to be 
 
 feverally encouraged or admoniilicd as the presbytery Ices 
 
 need. 
 
 Ihe precen- ^ ^^ Then the preccntor, fchoolmafter, and clerk of the 
 
 ^^' " ' femon> who in country congregations are ordinarily one 
 
 and the fame, and aftei' thtm the btadles, beil-men, and 
 
 church fervants, being removed, the presbytery is to inquire 
 
 at rhe miniiier, fefTion, and heads of families, conce'n;ng 
 
 their converfation, fidelity, and diligence, in their ofHces; 
 
 and the presbytery is thereupon to proceed as the matter 
 
 requires. 
 
 i'a^cr ard § 9' ^^^^^ ^11 thefe inquires, the presbytery removing 
 
 elders inter- the heads of families, the minifler and elders are to be in- 
 
 rogate con- quired concerning the congregation, t. Doth the budy of 
 
 cernino- t|ie f|^g people attend ordinances duly and timeouflv, and llay 
 
 conrner/ation -n 1 1 1 /r- 1 i i -^ a i ti- • • 
 
 till rhe blcilmg be pronounced r Are they dihgent m im- 
 proving the means of knowledge, and are they growing 
 therein ? 2. Are they fubmiOTive to public and private ex- 
 hortations, and to the difcipline and cenfure of the church, 
 by admonitions and reproofs, as need requires ? And 
 do they by their words and actions m.aniieft a fuitable re- 
 fpec^ to their miniffer and refpeftive elders ? x. Are they 
 careful to educate their children imd fervants ii>iihe know- 
 ledge of God ? What fucceis hath the gofpel and labours 
 of miniflers and elders among them ? What fcandais, 
 fchifms, h.eredes, or divifions are among them, and if 
 CM! the gr-owinp hand ? IJovv doth they oblervc the Lord's 
 day? 
 
 § 10. The 
 
I Tit. 14. Church of Scotland. 53 
 
 §. TO. Then the minifler, heritors, fclTion, and heads of Paftor, kirk- 
 families, being prefent, the presbytery is to inquire after feffit.n, and 
 1 , rii 1 • 1-L- I r ^i, ■ heads of fa- 
 
 the ftate of the church, as to its fabric, the leats therein. ^^^^^ j^^ej.- 
 
 and divifion of the fame, the church-yard dikes, the utenfils rogate about 
 
 of the church, communion cups, cloaths, the minifter's thingsofccm- 
 
 mane, if it be in repair, the glebe and (tipend, the falary mon concern, 
 
 of the fchool mailer, precentor, fefTion-clerk, and beadles, 
 
 and how the communion-elements are provided, whether 
 
 they be paid for out of the poor's money, and that when 
 
 the communion is but celebrated once a year ? See lib. II. 
 
 tit 2. § i.|. Inquiry is to be made how much the ftipend 
 
 is ? of what nature ? how paid ? and if there be a decreet 
 
 of locality for it? As alfo about the flate of the poor, 
 
 whether there be any mortifications and legacies for them, 
 
 or other pious ufes ^ and how thefc are lecured, and their 
 
 interell: paid and applied, and how they have been managed 
 
 and employed from time to time ? fe'f i n. Ademb 1 700. 
 
 After the vifiution is over, all part es are to be called in, 
 
 and the moderator is to conclude all v/ith prayer. 
 
 TITLE XIV. 
 
 Of Provincial Synods, 
 
 § I. "T^HE fynod or provincial aflembly is inimedi- The conflitn- 
 -^ ately fuperior to the prefbytcry, and confifts ^"^j' °^ ^ ^ " 
 of feveral prefbyteries met together for their mutual ^-^ of meet- 
 help and comfort, and for managing the affairs of public hig, Sec 
 concern within their bounds. 1 he number of prelbyte- 
 ries in each fynod is determined by the national Aflem- 
 b!y, and they meet ordinarily twice every year, and at 
 iuch fet times as the neighbouring fynods may convenient- 
 Jy correfpond one with another, which if, done by fending 
 a minifler and ruling elder mutually from one to another, 
 viz. the provincials of Lothian, Merfe, &:c. ; the provin- 
 cials of Dumfries, Galloway, GJafgow, and Argyle; 
 the provincials of Perth, life, and Angus, &c. ; the 
 provincials of Aberdeen and Murray; the provincials of 
 Rofs, Cuirhnef: , and Orkney. See likewife the order of 
 the provincial afleinblics in Scotland, according to the pref^ 
 by .erivS therein coiuained in the a<ll: of Aflembly, Decem- 
 ber -' ~. 1^, 1638, a6i: 24, 
 
 §2, The 
 
54 Government of the Book I, 
 
 Synod open- ^ ?. The moderator of the former fynod doth, in the 
 
 ed,rollsmade niorninff before the meeting, preach a fermon fuired to 
 
 tor chofen the occafion, and after fermon doth intimate to the niem- 
 
 and corre- hers, that tlicy immediately repair to the fynod-houfe ; 
 
 fpondence in- when they are met, he doth open the meeting with io~ 
 
 rolled. lemn prayer: then the clerk having made up the fynod 
 
 roll from the rolls of ench pre bytery prefented to him 
 
 by their refpeftive moderators, he is to call the fame 1 
 
 over, and to mark the abfents. In making np the fynod 
 
 roll, it is ufual to change the order thereof every lyncid, 
 
 fo that the prelbytery that was firfl: called in the roll of 
 
 the former fynod is now called laif 1 hen the fynod 
 
 proceeds to the choice of a new moderator, who tirft calls 
 
 for the correspondents from the neighbouring fynods: 
 
 and their commiiTions being read, they are inrolled as 
 
 correlpondents. 
 
 Cominittees § S- Committees are to prepare matters, and to lop off 
 
 of fynods, unnecclTary v.ork for gaining of time, and to hinder 
 
 their work, [^^^^^ by public debates, and to facilitate their work, they 
 
 life, and pow- r i • i r r r t ■ 
 
 gj.^ may lubcommit any part thercor to a rew or their own 
 
 number; and t;ey may likewife advife one with another 
 in weighty affairs, even before report to the fynod, there- 
 by the more to prevent debates. Any affair tabled before 
 them, though by them rejected, may be brou iht in in 
 full fynod; yet fo as the m.ember or party who bringeth 
 in the matter, be fure to have very much realon or ne- 
 ceffity for fo doing. All fynods may have the following 
 committees, j. A commictec for overtures ; ?. Another 
 for bills, references, and appeals; and, ^. For revifing 
 prefbytery- books, v.' ho are to meet at fuch times and pla- 
 ces as the fynod appoints : each committee and fub-com- 
 mittec is to confill: of miniilers and rulincr elders: the mo- 
 dcrator and clerk of the fynod is moderator and clerk to 
 the committee of overtures. All oth- r committees chufe 
 their own moderator and clerk, who is to prefent their 
 report to the fynod in writing. Any member of a 
 judicature may be prefent with the committee though none 
 of the number, and may advife, but not vote there: as 
 alfo, one of a committee may be prefent in fub- committees 
 of their own appointment; all which committees are cho- 
 Icn by tlie fynod only, as General Affemblies do theirs. 
 § 4, The prcfbytcry-books arc callcu for and produ- 
 ced, 
 
Tit. 14. Church of Scotland. 55 
 
 ced, and each book is committed to fome members of o- Matters trea- 
 
 ther presbyteries to be revifed and exaiiilned by them, ^^"- ^y v" 
 
 that it may appear how each presbytery hath keep order, 
 
 and nerfonned hat was recommended to them by (ynods 
 
 or General Aflemblies; and upon the revifers their report, 
 
 they are cenfured or approved accordingly. What was 
 
 obfcure or difiicuk for the presbyteries, or might concern 
 
 them all in common, is refolved and ordered; what hath 
 
 been done amifs by presbyteries is rcdreficd: and if any 
 
 difficulty arife which doth not fall under fome church-con- 
 
 il.tution, it is referred to the national AHembly 
 
 § ^. Every j^resbytery is to get an extrafl of the afls Prefbyterles 
 
 of every fynod, and to read fuch of them in the presby- f^'^ ^° carry 
 
 „ c I )u -ii aoir.e; and 
 
 ter}'' as are or general concern, or which particularly re- j-e-df-n d 
 
 late to any in their bounds, that t..ey may be the better afts. 
 
 obferved. 
 
 § 0. At the privy cenfjrcs, noie ought to be prefent pj-i^^cenfures 
 but members. Upon the revifers their report of the pref- by fynods. 
 bytery-books, each presbytery is removed per vir^s^ jn 
 order to privy cenfure, in the iarne manner as was fa id of 
 the minifters in presbyeries, and of elders in feflions, 
 3ee tit. 15. § I . 
 
 § 7. By article 12. chap 8. of the French church- Centefima 
 difcipiine, concerning provincial fynods, the pallors in to minifters 
 each province ftiail rcprcfent the widows and children of widows and 
 mini'lsrs which died in the fervicc of the church, to be ^ ^ ^'^' 
 fupported and m intained at the common charge of each 
 province; and where the province fliall be ingiateful, the 
 national fynod fliall rcdrefs it. Our church propofeth 
 the fame perfons as proper objecls for the pafrors in the 
 fynoJs their charity, and the centifima or hundredth part of 
 ach benefice to be the fund, and paid in to the colleftor 
 hereof yearly, vtho is to be appointed by each fynod, 
 nd is to didiihute the fume to the relicts, and children of 
 leceai'ed minifters v.ithin the bounds of the fynod, conform 
 :o their order. 
 
 ^ 
 
 •TITLE 
 
55 Government of the Eookl. 
 
 TITLE XV. 
 
 Of Extraordinary Synods and General /ijfcnddies. 
 
 Extraoi-dlna- $ I* "C^ Xtraordinnry fynods I call fnch as that of the 
 ry fynods on- ■*— ' AlTembly at VVedminfter, which confiikd of 
 
 ly to be held divines and gentlemen, many of whom were not elders, 
 ed 11 ate of the ^^^^^^ ^"^ nominarcd by the civil power to confult about 
 church. the do^lrine, worlliip, and government of the chinch : or, 
 
 when i"':inifters, without delegation from the church, do of 
 themfelves meet by virtue of their office : Which fynods 
 this church doth not approve of in a fettled and conliiturc 
 condition, but only in fiich churches as are not yet con- 
 ftituted. Jt being alwaj's free to ihe magillrate to advife 
 with fynods of mini^l:er^; and ruling elders, meeting upon 
 delegation from their churches, either ordimirily or being 
 indi£led by his authority occafionaijy. ^^-ec the a6t of Af- 
 fembly 1647, approving the ConfefTion of Faith Yet 
 b) aft of Aflembly December 19. 16:5^;, minificrs are ob- 
 liged to give their advice and good counfel in matters 
 concerning the kirk, or the confcience of any whitfoever, 
 to his Majefly, to the parliament, to the council, or to 
 any members thereof, for their refolutions from the word 
 of God. 
 Members of ^ ^* ^J ^^^ direftory for church -government, as it 
 a national af- waS printed in the year i6i7, to be examined bv presby- 
 femblybythe teries, the Allembly was to confill: of as many ruling el- 
 fl!^^i^°l7 ^^^^ ^^ miniders, which doth agree with the chap. 9. 
 many mini- ^'"'^* ?>' ^^ ^^^ French church-dikinline : but by the di- 
 ftersatleaft reftions of the Englifli parliament, Auguft 19. 164^, it 
 as ruling el- \^ provided, That there be in all A(lemblies two rulingi 
 ^^^' elders to one minifter. it feems indeed but reafbnable, 
 
 when presbyteries, the conlfirucnrs of General AiTc^mblics, 
 do confift of minillcrs nnd ruling elders equally, that ihcy 
 fhould be equally reprefentcd there likewife 
 The nature § :^ . At the beginning of our Reformation, the Alfein- 
 pf ovir firft \y\y (ji(j confill: of thefe of the reformed religion, delega- 
 * femblv after from fome fhires nnd burghs where the reformed 
 
 the Rcforma- dwelt. The number of paflors was tlien fo linalf, that it 
 tjon. did not exceed the fourth part of the meeting, as may be 
 
 feen from their fedcrunts in the copy of the M. S. afts 
 
 of 
 
Tit. I r^ Church of Scotland. si 
 
 of Aflt^mblies: and until the nunnber of minifters did 
 incrcafe and multiply, it was at firlt a general meeting of 
 them all ; but thereafter they did impower and conimif- 
 fion a ^t\v to reprefcnt them, who are thereupon only de- 
 figned the Cowmifjioners of the General /ijjeyyihly. 
 
 § 4. If an AfTcmbly be indicted by the civil magiftrate What may 
 on fo fliort an advertifement as twenty days, that pref- ^^'^"'ip^^^^^'^' 
 byteres (efpecial)}'' the more remote) are not timeoufly *^ . .lemo.yj 
 advcrtifed to chufe commiflioners, and fo the church not 
 fully reprefented, an Adembly i^o 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 advertifement, unlefs it be to the fervice of 
 fonie prefent delign againft the church ? 2do, An Aifem- 
 biy is null where the members, or a great many of ihem> 
 are not elefted by presbyteries, but named by the magi- 
 lirate; in which cafe, though ihey may a^ as advifcrs of 
 the magiftrate, yet they cannot a<fl: as thefe haviiig autho- 
 rity from the church, pio^ An AlTembly is null , when 
 presbyteries are reprefented by more iDiniiters than 'the 
 ftanuing acls of Aflemblies, regulating the reprefen:afion, 
 doth allow, or where no ruling elders are commifiloner'. ' 
 4.to, An AfTembly is null, when memibers do vote for 
 thefe matters, to which they are threatened to gi\e their 
 vote, by the civil magiftratc. 5/^?, An Afiembly is null, 
 when a moderator or clerk is impofcd upon them without 
 their fuffrage ; fee at length a£l3 of AlTcmbly, December 4. 
 
 § 5. The General AfTembly December ?o. 16^8, de- AiTemblieS 
 clares, that by divine, ecckfiaftical, and civil warrant, the '^'^'' ,,"^^^^>j 
 Ailembly of this national church hath power and liberty oft^^cr' 
 '^ to alTemble and convene in her yearly General Ailemblies, pro re r.ata^ 
 and cfrencr, fro re natay as occafion and neceffity fnall 
 require: 'I'o tliis agrees the ai5l of parliament 1690, rati- 
 fying the ConfeiTion of Faith, and fettling Presbyterial 
 cliurch-government ; fo that the Sovereign, till thefe hv^-s 
 be altered, cannot, by his mere authority or proclama- 
 tion, render the meetings of Aflemblies precarious and 
 uncertain, unlefs he run the riik of rcncv.'ing the difpcn- 
 fing power. The reyre- 
 
 § 0. By the ith aft of Adembly 1694, the reprefcn- ientriiou hi 
 taiion of the fevcral presbyteries in this nan^-.nal church '""'^'y^'^ ^^'^\ 
 
 ^ % . • . ieniblics, and 
 
 .• -^ J^^ the n-:.:bof 
 
58 Government of the Eook T. 
 
 in its General Adcmblics, iliall hold proportion to the 
 number of pariflics, whether vacant or planted, within 
 each presbytery, in manner following : All presbyteries 
 confining of twelve parifhes, or under that number, fhall 
 fend two minifters and one rulinc; elder. And all presby- 
 teries confiffing of eighteen parillies, or under that num- 
 ber, but above twelve, fliall fend three minifters and one 
 ruling elder. And all presbyteries confifling of twenty- 
 four pariflics, or under that number, but above eighteen, 
 ihall fend four miniders and two ruling elders And. lailly. 
 All presbyteries confifting of above twenty- four parifhes, 
 lliall lend live miniflers and two ruling elders. And eve- 
 ry collegiate church where there ufe to be two or more 
 minifters, are, fo far as concerns the defign of this acl-, 
 underftood to be as many diltinfl parillies : So that pref- 
 byteries delegnte not lefs than a fixth part, nor more than 
 a fifth part of t: e miniftry. Conform to the reprefenta- 
 tion proportioned by this aft the number of miniflers dele- 
 gate from presbyteries are one hundred and eighty, and of 
 ruling elders fixty-eight. But each royal burgh having 
 • the privilege (if they pleafe to ufe it) to be reprefented 
 ' there by a ruling elder, and the city of Edinburgh by 
 two, this would add fixty-feven more ruling elders to that 
 order, making in all of elders one hundred and thirty- five. 
 By that fame aft, no perfons Ihall be admitted members of 
 Aiiemblies, but fuch as are either miniffers or ruling el- 
 ders. And by the 6th aft of AlTt^mbly 1698, it is re- 
 commended to presbyteries to chufe only fuch ruling el- 
 ders as may and will give attendance. 
 There fliould § 7 CommilHoners from royal burghs, till the matter 
 be no clelega- be further thought upon, by the aft of Adembly July 1 5. 
 tjonsbiithoin 1648, are to obferve the ordinary prafticc, viz. that each ( 
 P'-'-.-ytcncs burgh fend one, and Kdinburgh lend two ruling elders, 
 approven of and confentcd to by the miniflry and feflion of 
 the burgh : bur yet each univerfity may be reprefented by 
 a minilier or ruling elder Neither is that kind of appro- 
 bation of the choice required, albeit there may be the fame 
 reafon for it: For the members of a faculty, as fuch, arc 
 not obliged to be cither miniflers or ruling elders. Bur, 
 upon the whole, our praftice would be more eafily account- 
 ed for, and a great deal more agreeable to tliat of" foreign 
 
 churches. 
 
Tit. If. Church of Scotland. 59 
 
 churches, if delegations were only from presbyteries, and 
 the delegates equally both of minifters and elders. 
 
 § 8. By the 6th aft of Aflembly 1 704, no minifler or el- All commif- 
 der can be commillioned to the General Afleir.bly by any fioncrs mull: 
 presbytery, burgh, or univerfity, but fuch as ufualJy re- rcride,orhave 
 fide in, or have a relation to the presbytery, burgh, or u- bounds they 
 niverfity they are commifTioned from This is enacted, reprefent. 
 that pragmatic and defigning men may be k^pt out from 
 being members of Aflcmblies, afccr their own presbyte- 
 ries, C/Ti" (perhaps from fome flich apprehension) had been 
 pleafed to negleft them in their choice. 
 
 § 9. TheAflembly, by their act the . t lof Augufi: 1641, , .'^'■° ^^^^^ 
 confidering, that if the Scots kirk at Campvere were join- y"j.e\c t-c?' 
 cd as a member of the kirk of Sc(/tland, it would be con- fented. Their 
 venient for corref pondcnce from foreign ]")arts for the well Inftruftlons, 
 of this kirk: therefore the}'' defired the faid kirk of Camp- ^^• 
 vcre to fend their minifter with a ruling elder, with their 
 commiffion to the next General Afiembly, at which time 
 they fhould be inrolled as commiffioners from that kirk. 
 When that church is vacant, the convention of royal bur- 
 rows have been in ufc to prefent a minifler, and a£i: as 
 patrons. And by the aft of Aflerably : 704, fome pro- 
 pofitions concerning the faid kirk, approved by the Aflem- 
 bly 1642, are of new ena£ted and authorifcd, viz (1^ 
 That the faid kirk obierve that order in the outward wor- 
 fhip of God, and exercife of difcipline, as is here received 
 by law and practice. (2.) "! hat, at lead, every third 
 year their commiifioners be at the Aflembly, whofe ex- 
 pences are to be paid by their own kirk, till this church 
 be in a better capacity to do it. (^.) That they advife 
 with the presbytery of Edinburgh, or commilTion of Af- 
 - fembly, concerning eniei\^2,ent difiiculties. 
 
 § io. By the aft of Ailembly ^6^6, December 17. 1 8. Commiffion- 
 it is referred to particular presbyteries, and efpccially to^^s to and 
 the ruling elders therein, that commilfioners to Aflemblies ^j?'" ^^J,"' 
 their expences be borne conform to former afts of AlTem- expeiices. 
 bhes, by the particular pariflies in every presbytery, and 
 proportionally, by all forts of perlons therein, able in 
 land or money : which aft is ratified by the Aflcinbly 
 1039, Auguft z^. and extended to the expences bearing 
 of fuch asflmll be fcnt in commiffion by General Aflem- 
 blies : but it is referred to the parliamciir for making thefe 
 
 H 2 Wlil) 
 
{5o Government of the Book I. 
 
 n who are ftented to pay their proportions : by which it is clear 
 
 that presbyteries may fleni the people within their own 
 boLirds for defrayinc; the charges of thofe therein, who 
 atic^ d General Aflemblies : but then it mud not be exaft- 
 cd; but only received from a willing condefcending people, 
 which will certainly be very unferviceable, if otherwife re- 
 ceived, unlcfs the expences be raoft inconfidcrable. And 
 tlie praftice might: prove more ferviceable in a diftiirbcd 
 jftate of the ciuirch, when minifters come to be deprived 
 .of their fiipends. Since the year (642, our fovercigns 
 have beltovvcd four or five hundred pounds fterling yearly, 
 to be employed by General Ademblies, which v^ill do 
 much to defray the expences of commiilions from General 
 Ademblies, fent to vitlt the remoter parts of the church ; 
 fee AiT. 1642, Augud 5. 
 The fri'le of § i '• The General AlTembly, by their 8th a£l 1695, 
 pommiffions gives the form after infert for a dirccflory to presbyteries 
 to General jj-j ^y,^]^ giving commifFions to their members for General 
 Ai fcin les, y^ffemblies; which form is likewife cbfcrvcd by univerfitics, 
 each whereof ftnds one, as alfb royal burghs, mutatis 
 intttajidis. At the day of years. 
 
 The which day the presbytery of did, and hereby 
 
 docs nominate and appoint Mr. A. B. minifler at C Mr 
 D. r". minifter at F. and ruling elders, their 
 
 commiflluncrs to the next General Afiembly of this church, 
 indicted to meet at the day of next to 
 
 come, (fr when or where if fhall happen to fir, willing 
 ihem to repair tb.crcro, and atrcnd at all the diets of the 
 fame, apd there toconiult, vote, and determine in all mat- 
 ters that com.c before them, to the glory of God, and good 
 of his church, according to the word of Godi, the Contef- 
 fion of Faith, and agreeable to the conftitutions of this 
 church, as they will be anRverable, and that they reporP 
 their diligence therein at their return therefrom. Extra^ed 
 by me» f^c. And by ttie cth aO of Ailemhly 1704, thi? 
 elaufc muft be infer: and added to the faid form of ^dl 
 ^ommiHiOns, viz. that they have fiibfcribed the Confeffion 
 of raiih of ihis church, i'.ccording to the a jth afi of the 
 General Afiembly ai;no 170c. 
 TV^afon 4 1 2. The rcafon for enactinvT this uniform method 
 
 fur this luii- ^^,as, that all members miglu be alike free: for beiore • 
 tc'rjnuj. ^1^1^ ^lj^^^ Several preP.iytcrics did infert in their commiffions 
 
 particulaij' 
 
Tit. 15. Church of Scotland. 6i 
 
 particular inftriiftions and limitations, whicli did not a little 
 miuzle and confufe the members, and might at fome oc- 
 cafions have proved an advantageous handle for fuch as 
 were not tender of the church's peace. 
 
 § ig. By the 4th aft of Aifembly 1694, commifiion- When com- 
 ers from presbyteries and others arc appointed to give in J"^^*'"^^/^^ 
 th ir refpeftive commiffions to the clerk of the General -j^^ *= 
 AfTembly, the night at lead before the firft diet or meet- 
 ing thereof, to the eileft the rolls may be timeoufly made 
 up, and that the commiffions may be confidered by the 
 /^(Tembly without any interruption : and all commiffions 
 not fo given in, fiiall be delivered in the intervals, be- 
 twixt and the after diets. 
 
 § 14. By the 6th aft of Anembiy 1698, presbyteries Commiinon- 
 are appointed to cliufe their coramiiriontrs to General Af- ers are to be 
 fcmblies at leaft "forty days before the fitting thereof : ^^^^^'J^^J^'^y 
 that which gave rife to this aft was, that the civil authori- ^j^^^ ^^^^^.^ 
 ty, for fome time before that, had been pleafcd (though audv/hy. 
 not agreeably to the aft of parliament 1 O90, in favours 
 of the church) to interpofe a privative power in adjourning 
 General Aflcmblies to a longer time than the appointment 
 of the preceeding Aflembly, whereby their meetings were 
 rendered both unfrequcnr and uncertain : and with fome 
 view to obviate this, I think, the aft hath been made, 
 but yet efpecially that members might be in cafe to at- 
 tend, being fo long chofen before the time. 
 
 § 15. The General AfTembly ufeth to be honoured Tt,e gove- 
 with the Sovcreign\s prefence, either by their royal peribn, reign, or kis 
 or by their High Commiifioner : for which the modera- commifrion- 
 tor, in the AfTcmbly's name, doth ufeto exprcis their thank- ^^^^ Afiembl 
 fulnefs, and how great a mercy they do efteem it to have bv their pre- 
 the countenance of civil authority. But there have been fence, which, 
 inany General Aflcmblies begun, held, and continued in ^"°"SV^'^' 
 Scotland, v/ithout either the King or his Commiflioner's •„ [^^^ efientl^ 
 prefence : and that it was not, nor yet is contrary to law, al to an Ai'- 
 js evident, if the firll: aft of parliament 1592, ratified in fembly. 
 parliament ibcc, be duely confidered. 
 
 § 1 6. The firiL commilfion that v/as granted, was by Tiie firfc 
 King James VI. anno 1580, as maybe feen in an old coijnniffion 
 M. S, of the afts of AfTemblies, and was nothing elfe but a wastheking's 
 rnilfive letter under the King's own hand, the tenor v/hcre- 
 oi follows: " Trufiy and well beloved friends, wc greet 
 
 *'• van 
 
62 Government of the Book I. 
 
 " you well. We have dircfted towards you our trufly 
 *' friends the Prior of Pittenweem, and the Laird of I im- 
 " die, intruded with our power for that effcft, for affift- 
 " ing 3^ou with their prefence and counfcl in all things 
 *' that they may, tending to the glory of God, and pre- 
 " fervation of us and our eftate; defiring you heartily ac- 
 *' cept them, and our good will committed to them for the 
 " prefcnt in good part. Sua we recommend you to God's 
 " bleiled proteftion. Fromour palace at Falkland, the 2 2d 
 *' day of July 1580. JAMES R '* 
 
 The form § 1 7. But now thefe commifTions are more pompous and 
 now is more folcmn, pafTmg in Latin under the grent fcal. Sometimes 
 lolemn. ^^^^^ j^^^^ j^^^^.^ complex, cloathing the commifiioncrs with 
 
 fomewhat of a viceroy/liip in the ftate, as well as commit- 
 fioner to the Aflcmbly : thus it is faid the Marquis of 
 Hamilton, and Earl ofTraquair, their com mi fllons were 
 in the years 1638, and 16/9. The commiflions granfvd 
 fince the revolution, you may fee in the printed a£ls of 
 Aflemblies. Though thefe commifrionersbereilxdedin the 
 Ademblies, and about Aflembly-affairs, as reprcfcnting 
 the Sovereign's perfon ; yet I doubt if they could claim 
 any place or precedency in meetings of ftate, meerly as 
 commiiTioners to the Adembly. But this is ftill kept un- 
 decided, as appears by their difappearing at fuch meetings 
 while the General A.flembly is fitting. 
 F fh t f § ^^' '^'^^ presbytery of Caledonia in Daricn is autho- 
 Dririen le- rii<d to fend yearly two reprefentaiives to the General 
 prefented. Aflembly : they beiiig a part of this national church, ai:d 
 fubjeft to her Aflemblies, as appears from the inllru^lions 
 given them by thecommiffion of theGeneral Aflembly 1 699.- 
 The opening § 1 9. The moderator of the former Ailembly opens it 
 of the Mem- v^^jth a fermon ; but in cafe of his abfcnce, his prcdcccfTo^ 
 •^* in that chair hath the (ermon : and in abfcnce of ihciTi 
 
 both, the eldeft minifter of the town v\ here they meet 
 preacheth, and opcneth the AfTcmbly by prayer, and mo- 
 derates till a new moderator be chofen. Thus it was done 
 in the Aflembly at Glafgow 163b. After fermon the 
 members go into the Afiembly-houfe, v. here, after prayer 
 • by him who preached, a new moderator is chofen in the 
 manner before mentioned, their clerk continuing by com- 
 niifilon, fometimes during life. Jt is to be remembred, 
 tl.ai before the new moderator is chofen, the rolls mult 
 
 £rfl 
 
Tit. 15- Church of Scotland. 63 
 
 firfl be made up ; and at the calling of each presbytery, 
 burgh, and univerfity, their commiflion is read. After 
 the Aflembly is thus conftitute, the perfon reprefenting 
 the Sovereign, produccth the commiffion to him for that 
 effect, and ordinarily a letter alfo from the Sovereign to the 
 Aflembly, both which are publicly read with great ho- 
 nour and refpe^l, the members (landing all the time that the 
 Jetter directed to them is a reading ; and by their appoint- 
 ment, both commifllon and letter are recorded in their 
 books. And all the time of the commiiTioner's prefence, 
 the members fit uncovered. The commiflloner ordinarily 
 has a dilcourfe to the Aflembly, aflliring them of their 
 Majefly's proteclion,2nd continued favour; and he intrcats 
 them to unanimity and difpatch in their affairs; to which 
 the new moderator ufeth, in name of the Aflembly, to make 
 a .'''ort and fuitable return j both which arc hkewife re- 
 corded. 
 
 § 2C\ By the aft of Aflembly July 29. 1 640, it is ap- The order 
 pointed, that the commiflloners fit together unmixed, and , ^^^'^y, ^' 
 the places where they fit be divided from the feats of o- jnembers and 
 thers. As alfo, that four pcrfbns of refpeft have warrant in the Aflem- 
 to mjoin that there be no noife, no Itanding, nor diforderly biy-hou£e. 
 behaviour ; and if any fliall difobey them, or direft his 
 fpeech to any, except to the moderator, and that one at 
 once, with leave firft aflced and given, he is to be rebu- 
 ked by the moderator : and if he defift not, he is to be re- 
 moved our of the Aflembly for that feflion. As alfo, that 
 the minutes of ilk feffion be read before their rifing; and 
 if the matier concern the whole kirk, let it be read in the 
 beffinnino; of the next felTion. 1 his order is to be read 
 the firft fefTion of each Alfembly, and the aft: is ratified 
 July 28. 1641, and Augufi: 6. 164?. 
 
 ^ / 1. The ordinary cop.imittces ufed in General Aflem- Committers 
 bliestjre, 1. The commitce for overtures. 2. The com- of AfTembHcs, 
 mittee for bills, references, and appeals. 3. The com- ^"^'^^ ™^^'^^^ 
 mittce for eleftions and commiffions. 4. Committees for '^e'ng'chofeji. 
 reviling fy nod- books and rcgiflers, and of commiflions of ' * 
 General Aflembiies. 5. A committee for cenfuring of ah- 
 fents, and nominating minidtrs to preach before the com- 
 milfioner, if prefent. b. V/hcn the JLing or Queen Ivo- 
 Dours them with a letter, there is, in the firft pi a ce7ap point- 
 ed a committee for drawing an ai^fwer thereto. 'I here 
 
 arc 
 
^4 Government of tjie Book I. 
 
 are alfo other committees for particular matters, named as 
 is found needful. AJl committees of Ailcmblics src to 
 confiO: of minifters and ruling ciders, members of lever il 
 fynods; and in more numerous committees, fome o-.it of 
 every fynod : all which commitecs are ordinarily named 
 by the moderator, in prefence, and approved by tacit 
 confent, only fbnietimes members propose the adding of 
 fome others, vvhofe motion ufeth liiievvife to be accjuiefced 
 in : fo that there hath never yet been any eleftion of com- 
 mittees, either by fynods giving in feparate lifts, or by 
 members giving in lids, as hath been done incur late par- 
 liaments. Only for preventing the perplexing of Aflem- 
 b!y bufinefs, it is fit that no member be put upon more 
 committees than one. 
 Committee of § 22. Albeit no bufinefs ought to come in to the Af- 
 overtures aiid fembly dire^llv, till it be propofed to, and prepared bv 
 
 others tl'eir r • ^ - 111 ^ 
 
 oiucis u.cii j^i^^g committee to whom it properly belongs ; yet no 
 rdbided. ' committee hath a negative over the Ailcmbly : and it was 
 never their intention to confine and re(lri<rt themfelves on- 
 ly to confider of thefe matters whirh their commitecs were 
 plcafed to allow and tranfinit to their confideraiion : for, 
 by a6l of Aflembly, July 29, 1640, an overture (and 
 from a parity of reafon, a petition or any other thing) 
 may be propofed in full A^flen-^bly, W)<h the rcafbns there- 
 of, after that the committee hath refulcd to tranlmit the 
 fame. 
 No feccle- § 23. To avoid altercations and debates in open A(]cm- 
 lialtical pro- |^i ^jiJch might prove dangerous, and are always very 
 printed with- inoccent, alter matters nave been prepared by commit- 
 out allow- tees, they arc tranfmitted to the A (fembly. Now this 
 ance. defign and order may be much flruck at and inverted, 
 
 when members or particular perfons do print their petitions 
 or overtures to the Gciieral Aflembly and nation, before 
 they be orderly brought in : 1 herefore by the 17th a*^ 
 of AiTembly 1700, all perfons are difcharged to prefumc 
 to print any petition, appeal, reafons, or anfvvers, or any 
 part of any procels to be brought in to ihc General Al- 
 fcmbly, or any other Church judicatory, without leave gi- 
 ven by them, Vv'ith certification, thai the fame fhull not 
 be read nor confidered. 
 A ciiet for § 24. It is the laudable cuflom of Affemblies, before 
 prayer. they bcgiu ciois to theii" v/ork, to appoint betwixt nine and 
 
 i«'cive 
 
Tit. 15- Church of Scotland. 65 
 
 twelve in the forenoon, to be fet apart by the members 
 for public prayer in the Aflembly houfe, to the Ahnighty 
 God, for his countenancing and dire<5ling them in the mat- 
 ters that fliall come before them : where the commilfioi- 
 er is likewife pleafed to attend and join in prayer : as m>ay 
 be feen in the iiril three printed a^s of AfTembly fince 
 the Revolution, and among the indices of unprinted a6ts 
 thereafter.. 
 
 § 25. Conform to ancient ciiftom, by the 3d sO: of ^C- ^^•^^j^^rs 
 fembly 1702, all fynod books are app inted to be punc- ^ji^naU"''^ 
 tually brought in and prefented to the General Adembly 
 yearl)^ in the beginning thereof: vvhicli books, after 
 bearing a report concerning them, from the committee 
 appointed to revife the-n, the Allcmbly does approve or 
 Jiliallow thereof as they find ground. All references from 
 fynods, appeals, grievances, ptt'tions and complaints, are 
 here examined and anfwered : afts and conftitutions for ail 
 the churches are agreed upon with common confenr, con- 
 form to the 9th a6t of Ailembly 1&97, of which hereaf- 
 ter about preventing of innovations Here courfe is taken 
 for planting of churches with well qua'ified miniiters : 
 rules are fet down, by which inferior judicatures lliall be 
 direfted in a!l their proceeding?. It is their bufinefs to 
 fee that the fmall part of the patrimony of the church yet 
 remaining be preferved and rightly applied. They join 
 or disjoin pariflies from pre'byteries, and presbyteries from 
 fvnods : they indift national fads and thunkfgivings: they 
 are concerned to appoint fit perfbns and methods fordiav.- 
 ing up the hittory of the church : they alio ought to take 
 care that works of charity, fur fuftentation of the poor, 
 be promoted. By the v,'ifdom and authority of this Af~ 
 fembly, gangrenes of errors rnd divifions are prevented, 
 that they Iprcad not againft truth and unity. But they 
 decline to meddle in rhefe matters they judge civil, as be-, 
 ing incompetent to them, as may be fticn by the index of 
 unprinted a^s ofx^flembly 690. Church judicatures ought 
 not to meddle formal!}' with civil m.atters, no m.ore than 
 the flare ought to meddle formally with matters ecckfia- 
 {fic ; but the obj-ft marerialiy coniidered may be the fame, 
 £nd fall under condderation, both of church and fiate, 
 in different rcfj^c^s By the 5th article of the 3 iff chap- 
 ter of our Coijfeilion, fynods or councils are to handle or 
 
 I conclude 
 
66 Government of the Book I. 
 
 conclude nothing but what is ecclefiaftical, and are not to 
 intermeddle v- ith civil affairs which concern the common- 
 wealth, uniefs by way of humble petition in cafes extra- 
 ordinary, or by way of advice for fatisfa£lion of confci- 
 cnce, if 1 hey be thereunto required by the civil magiftrate. 
 Comn^ifllons § 26. What matters General Xdemblies cannot overtake 
 ofGerpralAf- themfelves, they do refc to their commifTions ; in pro- 
 icnihbes theii- priety of fpecch they do import the fame thing with com- 
 po.A r. mittces ; yet, de praxi^ a commitree is appointed only to 
 
 prepare matt rs, whereas a commilTion determines in mat-> 
 tcrs committed to them, and from whofe fentence therein 
 there lieth no appeal to the enfuing General Aflembly, 
 though a complaint may be tabled before the next Adcm- 
 bly againfl the commifllon their proceedings The power 
 of the General Allcmbly is never lodged in them, as to 
 making a£ls in any cafe : and it is both more expedient 
 and decent that the Affembly determine in cafes of appeals 
 from fynoJs, where they have been unanimous in their 
 fentence, than to refer the final decifion to a commifllon, 
 who nay be of a fnaller number than the fynod, and 
 whofe quorum is but about the eight part of fome fynods. 
 Delegation, or commiffion to determine, feems inconfift- 
 cnt with the principles of Presbyterial government : for if 
 the Aficmblies of the church can give power to delegates 
 to determine in one point, they may in more, and confe- 
 quently in all, and thereby may introduce a Prelacy. Ge- 
 neral Aflemblies fliould not give any other delegations but 
 executive, except in extraordinary cafes ; for they being 
 delegates themfelves, ouglit leaft of any church-alTembly 
 to delegate : and if they can commit tneir power to twen- 
 ty-ore, certainly they may commit the fame to fourteen. 
 Ctmmiffion may have fub-conur.ittees for preparing and 
 reporting, but not to determine, or fo as to roll the com- 
 miffion upon them. The commilHon and the proceedings, 
 and regifier of their aclinps are always fiibjccl to the ccn- 
 furc of a General Allembly. If the Afl' mbly do not ap- 
 point their moderator and clerk to attend them in th.ofe fla- 
 tions, they may then nominate their own moderator aiid 
 clerk. Their quorum is twenty-one, whereof fifteen to 
 be always miniflers, and they continue till a new General 
 Aflembly meet, as may be feen in the printed commifficns 
 in the ads of AfTemblies. 
 
 §27, The 
 
Tit. 15. Church of Scotland. S'j 
 
 § 27. The General Aflembly, by their 6th aft 1705, The method 
 does appoint that the whole presb.teries of this national ^'^ chufmg 
 church be equally reprefenred in commiffions, and that ^j^^ coirtinif- 
 thcir reprefentation be proportioned to the number of mi- fion, their 
 Bifters that are in each presbytery ; the old miniflers which charges to be 
 were ordained before the year iw6^ being always fuper-P^^*^' ^"!? 
 numerary : and that two or three of the members of the p^ed. 
 General Aflembly in each fynod, be appointed as a com- 
 mittee to name the members of the commifTion, and that 
 the whole reprcfentatives of presbyteries in the feveral fy- 
 nods at Aflemblies, do meet by themfelves, and name 
 their rcfpeftive members of the faid committee. And the 
 General Aflembly by the faine aft, does appoint the ex- 
 pences of the faid commifl!ioners to be born and defrayed 
 by the feveral presbyteries which they reprcfent, accord- 
 ing to the number of the days of their attendance ; and 
 that their presbyteries Jake care to fupply their charges 
 with preaching during their abfence on the account fore- 
 faid. 
 
 § 28. The General Aflembly, by their 6th aft 1 703, Abfents from 
 does require the members of the commiflion to give all the commir. 
 due attendance thereon, as they will be anfwcrable, which fion> how 
 members are condefcended upon by the 1 5th aft of Aflem- '^^"i^^^"- 
 bly 1705, to be one at leafl of that number of the feve- 
 ral presb.teries who are members of the coii.mifllon, and 
 they are to attend the meetings thereof by turns. And 
 presbyteries are ordained to fenJ in to thecommiflion, the 
 names of fuch as they have appointed to attend the feve- 
 ral diets thereof. And by the forfaid aft i 703, the clerks 
 of the commilTion are ordained to record lifts of the ab- 
 fents from each quarterly meeting, and from the meetings 
 in time of parli iment, or who ihall go away therefrom 
 without leave firfl obtained, and fend an extraft of their 
 names to the refpeftive lynods, who are impartially to 
 cenfure them, and make report thereof to the next Gene- 
 ral Aflembly ; and to this efleft, the clerks of the commif- 
 fion are ordered to lay before that Aflembly the lifts of 
 thefe abfents. And in the inftruftions to the commifllon 
 170"^, all presbyteries within twelve miles of tdmburgh 
 are diicharged to m^ct during (itting of the commifljon. 
 
 5 29. Som.e few years ago, the presbyteries of this 
 church, conform to what had been before prafti fed, did 
 
 I 2 delegate 
 
6S GoVERHMENTOFTHE Eook I. 
 
 Df-iegates delegate one of their number, being a minifter, to repair 
 
 rcr'^sTo Jt' ^" ^'^^ ^'^y ^^^'"^ f^^ parliament did fir, and during that 
 
 teiifl parlia- ti'T<e attend and watch ^r qutd uetrimmtt capcret ecckfra. 
 
 nicms. Bin the comir.ifTion confining of both miniftcrs and ciders, 
 
 No lawfiil wit our which no ecclcfialtical judicatory or committee 
 
 cly-i-'h com thereof can be lawful, (lee § 4. of this title), and alfo, 
 
 v'lt.iout cl- jj^^j gji j.j^g presbyteries are therein reprefentcd, and that 
 
 the co-nniilTion now is ordered to attend in the time of 
 
 parliament, the former meeting of fuch delegates is now 
 
 fuppiied more conveniently by the meeting of the co^n- 
 
 mifllon ; and 1 am fiire, much more legally both by church 
 
 and rtate conlfitntions : for neither do auihorife any other 
 
 ccclefiaifical judicatory but '"N (lomblies, fyn<^^ds preiby- 
 
 teries and kirk (effions, or their committees, confitiing of 
 
 niinillcrs and ruiing-eldcrs. And the aft of parlia iicnt 
 
 I'^^o, ratifing the Confcllion of Faith, and fettling Pref- 
 
 byt rian church government, doth eitabliih the exercife 
 
 of that church c[avernment in the hunds of niinilkrs and 
 
 ruling elders And it may be doubted ir the (late would 
 
 correfpond with ^uch dekgates, or regard addrefles from 
 
 them, their meetings wanting the llamp, both of civil and 
 
 ccciefiaftical authority. 
 
 § jO. in the act of AfTembly 2cth July 1640, art. 2. 
 rj-jf'mners 01 conctrninii ordcrin<x the Ademblv-houfe, the comniifiion- 
 fhoukl iiave ^''^ ^^ General AfTemblies are to receive tickets from the 
 tiekcts for magillratcs of the burgh wjierc the AlTt-mbly fits, at the 
 accds. dcHvery of their commifTions, v/hcrcby they may have 
 
 ready accefs to the Aflembly houfe : and this aft is renew- 
 ed by the AfTembly 1O90, and is among the unprinted 
 a£ts. 
 Ab rents from § ? I . Fy that fame aft, whatfcever prefbytery, burgh, 
 Aficmblic-, ^^ univcifity, iliall not fend commilFioncrs, is to be fum- 
 rcci ' " moned to the next GcMcral Aifcmbly, to be cenkired by 
 them as they find reafonable. And I y the 6th aft of xAf- 
 fembly lo^.^, fuch commilFioners as do not attend duly 
 from the beginning, and through the whole diets of theGe- 
 ncral AHembly, and the committees vv'liich they may be 
 TVi O'l f put upon, not having a relevant excufc, may be cenlurcJ 
 aftsovAHem- ^^ ^''^ Aiic'mbly fliall think fit 
 
 biy, and yc- § S-?. Tlic llilc of acts of the General AHembly runs 
 i:Itionsjiicve- thus : '1 hc Gcn rai Allcmbly appoints and ordains, and 
 '^' n '^P ^ fometimcs rccomniends. Their afts ihould rather be like 
 in the ir.agi- directions irom the cna'.r, man ailcourles from tne puipit. 
 firates luune. Though 
 
Tit. 15. Church of Scotland, 69 
 
 Thoiii^h the Sovereign's perfbn be therein fomctimes re- 
 prefcnted, yet his name cannot be joint d with the Gene- 
 ral Aifembly in making of afls; b^caufe the civil magi- 
 flrate, confidered as fuch, is neither head nor member of 
 the church, norof any of her judicatures ; and it is the au- 
 thority of the General Ailembly of this national church 
 that can alone bind her members : Which authority doth 
 not fb properly confid: in making of laws, as it doth in 
 declaring what their Lord and Mailer hath already appoint- 
 ed. And though eccleiiaflical confritucions iliouid be en- 
 acted in the fovereicn's name and authority, yet thefc could 
 never bind the fubjecls as fuch, becaiifc the legiflative 
 power is lodged in the Sovereign and ellates of parliament, 
 and in them only. Hence all petitions to the General 
 Aflembly are only addreded to the moderator at.d members 
 thereof, and not to the Sovereign nor his commiffiuner, 
 though prefent; for petitions can be prefcnted to none 
 but to fuch as thofe in whofe name and authority they are 
 granted. 
 
 § <3- ^Y the zCt of Aflembly December 20, i6j8, they The authori- 
 ordain presbyteries, and provincial Afllembiies, to convene ties of Aii<?m- 
 bcfore them fuch as will not acknowledge that Aflembly, ^iiesana^their 
 (and from a parity of reafbn any other Ailembly), nor ac- ^^^ ^^ j^^^^ 
 cjuiefce unto the aifls thereof, and to cenfure theui accord- beying ard 
 ingly ; and refraiftory presbyteries are to be fummoned by <^eclining the 
 the commiiTion to compear before the next General Af- f^^^^c* 
 fembly to abide their trial ; and by a claufe iii the end of 
 the ^th a6t, feffion 2. King William and Qiieen Mary's 
 parliament, it is provided, tiiat whatfoever miniiler being 
 convened before the General Aflembly, or reprefentatives 
 of this church', or their coauniilions, or the viiitors to be by 
 them appointed, fnail either prove contumacious in not ap- 
 pearing, or be found guilty, and therelore cenfured, whe- 
 ther by fufpenllon or depofition, they fliali tpjo fatio be fu- 
 fpendcd from, or deprived of their ftipends and benefices. 
 And by the book of canons put in form for the govern^ 
 ment of the church of Scotland, by Englifh bifliops their 
 counfel and influence, and approved by King Charles I. 
 his proclamation, dated at Greenwich the 23d day of May 
 16^3, it is appointed, that national fynods called by his 
 Ivlajefty's authority, for matters concerning the fl;ate of the 
 church in general, fhall bind ail perfons, as well abfent as 
 
 prefent. 
 
JFO Government of the Book I. 
 
 prefent, to the obedience of the decrees thereof in matters 
 ecclefiaftical. And if any fliall affirm or maintain, that a 
 national fynod fo aflemb ed ought not to be obeyed, he 
 ihal' be excommunicated, till he publicly repent and re- 
 voke his error. 
 Advocate or $ ^4- Befide the clerk of the AfTembly, there ufeth to be 
 procurator, an advocate or procurator for the kirk chofen by them, 
 folUcitor or ^]-jo was to adviie them in matters of civil right, and to plead 
 kirk. ^^^^'^ concerns the right of the church before civil courts ; 
 
 and in his name fummonfes are raifed before the commif. 
 iion of parliament for plantation of kirks, or Lords of fef- 
 fion. The agent or follicitor for the kirk is likewife e- 
 left^ed by the Aflembly, and he acts and agents their bufi- 
 nefs in fuch order as they appoint him. iheir agent was 
 priviledged to be prefent at all the meetings of that com- 
 milTion of parUament, even when they aftf d with dole doors. 
 In the late Prelatic times, the King's follicitor was, by his 
 patent, conOitute follicitor for the church too. But whe- 
 ther in this government her Majelty's advocate be alfo by 
 his patent conftitute advocate for t!:e church, is a thing 1 
 cannot cerrainly aflert. The agent has the care put upon 
 him of fending difpatches to the feveral presbyteries. 
 The adioum- § J5- -^^^ church judicatures at every rifing appoint their 
 ing ancl dil- next fitting, fo that their meetings are not precarious and 
 folvj^g of Af^ uncertain, but entirely and intrinfically, as to their time 
 other ^church- ^"^ frequency, lodged in the will and difcrction of t'le 
 judicatures. pKuality of the members of her refpe-flive judicatures. The 
 kiik-feflion, being properly the only radical church judi- 
 cature, ni't confifling of delegate, but of perpetual and fix- 
 ed members, cannot be at any time diflolved, hut by them- 
 felvcs are adjourned from time to time : Albeit they ufe to 
 begin and conclude the number of iheir felfions, at and 
 after the prefbyrery hath approved of their proceedings. 
 All church judicatures, but efpecially this, were called 
 Confifiories, where the judges did fland in adminillring ju- 
 flice (fee Stair's Infbt. p. t^?-^) and even yet, their mode- 
 rators, prefidents, or prolocutors do (land, as the n-outh 
 cf their meetings. Prefbytcries are radical' as to the pa- 
 ftors, and delegate as to the ruling elders, (fee tit 12. 
 § I.) For the firil prefbytery afre; each ordinary meeting 
 of the fynod, when new elections of elders are returned, 
 that pr(^sbytcry doth begin the iirll fefTion thereof, and fo 
 
 other 
 
Titiy. Church of Scotland. 71 
 
 other feflions of the fame continue till the next fynod in 
 ordinjry be over. And provincial lynods confifting of 
 presbyteries, they do in part diflblve twice a year, and io 
 the fynodical feffions are counted from one ordinary fynod 
 to the next ordinary meeting of another fynod But na- 
 tional AfJemblies being annual, and confiding all of dele- 
 gates, as hath been (aid, the feffions thereof are counted 
 from the firft meeting until they part and diffolve in the 
 fame place, at leaf! by the conftitutions and practice of 
 thi« church, until, and no longer than the ordinary time 
 for a new annual Aflembly : for no doubt, an Adembly, 
 if the affairs of the church fo require, may tranilate, and 
 alfo continue their meeting, as was done anno 1651 ; but 
 it neceflariiy difiblves before the year. At the clofing of 
 every feffion of the Aflembly, the moderator appoints the 
 next diet, in prefence, and with confent of the members; 
 then he turns to the commiffioner, and acquaints his Grace 
 thereof, to which he otdinarily anfwers, Be it fo, or, I 
 am fatisfied ; whereupon the adjournment is intimated 
 publicly at the door by the bcddal, afterwards the mode- 
 rator clofes with prayer. 
 
 § 36. At clofing of the General AfTembly, fbme few Committee 
 of their number are nominated to affift the moderator and ^^^ revifmg 
 clerk, in revifing the minutes and proceedings of that Af- 1^!^^ minutes 
 fembly^ before the fame be recorded in their regifters, and the &ds. 
 to determine what of their a£ts are fit to be printed : but 
 it were as proper for the Adcmbly to give orders therein, 
 as the a6ts are pafled. 
 
 § 37 All the affairs which the Aflembly could over- The ordinary 
 take, being brought to a clofe, the moderator caufeth read '^^y ^^ ^'^^' 
 the minutes of the laft fcderunt, thefe of former federunts ?^^y^^ 
 being always read at the beginning of each fefTion ; which 
 being done, he difcourfeth to the AfTembly concerning the 
 good providence of God that brought them together, and 
 in allowing them the countenance and protection of the fu- 
 preme magiftrate; and exhorteth the members, tofaithful- 
 nefs, loyalty, and diligence in their ftations. The mo- 
 derator having underflood the mind of the Aflembly from 
 previous communings with the members, as to the particu- 
 lar time and place of the next AfTembly's meeting, which 
 diet being concerted before, alfo with the commiffioner, 
 le doth in their name reprefent the fame to the King or 
 
 Queen, 
 
•j^ GoVSltNMENT OF THE Book I. 
 
 Queen, or their commifTjoner, if prefent, and upon their 
 agreeing thereto, it is to be recorded and publicly intimate 
 at the door of the AfTeaiSiy-houfc by their order. The 
 CommilFioner agrees ordinarily thereto in thefe or the like 
 tvords (to many offenfive enough) I do in my Matter's 
 name (or her Majel^y's name) didblve this Affembly ; 
 and, in the fame name and authority, 1 appoint the next 
 General Aflembly to meet at fuch a time and place, which 
 ordinarily is the fame with that which the moderator ill 
 name of the Aflem.bly did reprefent. Then the m. dera- 
 tor clofeth the Afiembly with prayer, finging of pfalms, 
 and pronouncing of the bleffmg. 
 HowtwoAf- § 38. indeed when it happens that a commiiTIoner doth 
 jVmbrieswere rather crofb than countenance the Aflembly, either by an 
 didolved in abrupt and interrupting diliolation, or by not appointing 
 dinarv man- ^^ "^^'^ annual Allembiy according to law ; in ihcfe cnfeS 
 ner, and their their behaviour is different, as may appear in the two fol- 
 belmiour in lowing inftances The fir ft was in the Aflcmbly 16^8. 
 (l^lecales. There the M. of H. his Majelty's commiifioner, having 
 diflblved them after fomc ^t\v days fitting, both in the Ai- 
 fembly-houfe and by public proclamation; they did not- 
 withdanding (having jM'otefted againft their diflblution) 
 continue their fitting till ihey ended the work they met 
 for, and appointed the time for their next General Ailem- 
 bly, for w hich you will find their apologeti al vindication 
 in their printed letter to the King Another inUance is 
 this, the E. of Lothian, their Majefties commiiTioner to 
 the General Alfcmbly 1692,. upon Saturday the 13th 
 of February, fthe Aflembly being met and conllitute by 
 prayer) did immediately thereafter deliver himfelf as fol- 
 lows : Moderator, what I faid laft had fo little fuccefs, 
 th^t I intend to give you no more trouble of that na- 
 ture; only this, you have now fat about a month, which 
 was a competent time both to have done what was the 
 principal defign in calling this AfTenibly, (of uniting 
 with your brethren) and to have done what clfe related 
 unto the church ; but his Majefty perceiving no great in- 
 clination among you to comply with his demands, hath 
 commanded mc to diflblve this prefent General Adembly ; 
 fbl, in their M:"jeftics name and authority, do dinblve this 
 prefent General Affcmbly. Whereupon the moderator 
 asked hio Grace, if this Affcmbly was diffoived, with- 
 out 
 
Tit. 15. Church of Scotland. 73 
 
 out naming a diet for another ? To this his Grace 
 made retLirn in thefe words : His Majefty will ap- 
 point another Afl^iibly in due time, wherewith you 
 ■will be timeoufly advertifed. Upon this, the mode- 
 rator defir^ng 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 .iS a private perfon : the mo- 
 dirator aniwered, in whatever capacity your Grace plea- 
 fcrh, I beg ro be heard a few words. His Grace replied, 
 That as a private man he might fpeak ; whereupon the 
 moderator delivered himfelf as follows : May it pleafe 
 your Grace, this Aflembly, and all the members of this 
 national church, are under the greateft obligations poffible 
 to his Majefty, and if his Majefty's commands to us had 
 been in any or all our concerns in the world, we would 
 have laid our hands on our mouths and been (iient : but 
 they being for a didblution of this AfJembly, without in- 
 dicting another to a certain day ; therefore, (having been 
 moderator to this Aflembly), in their name, they adhering 
 to me, 1 humbly crave leave to declare, that the office- 
 bearers in the houfe of God, have a fpiritual intrinfic jn^.j-Jn'^c pow- 
 power from Jefus Chrift, the only head of his church to er affeitei 
 meet in afiemblies about the affairs thereof, the necefliry 
 of the fame being firft reprefented to ihe magill atel And 
 further, 1 humbly crave, tiiat the diflblution of this Af- 
 fembly, without indicting a new one to a certain day, may 
 not be to the prejudice of our yearly General Aflemblies 
 granted to us by the laws of this kingdom. Here the 
 members rofe up. and with one voice, declared their ad- 
 herence to what the moderator had faid -, whereupon the 
 moderator, turning himfelf to the Aflembly, cried. Breth- 
 ren, let us pray : but the members, by a general cry, pref- 
 fed to name a diet for the next General Afl[embly, Where- 
 upon the moderator faid. If they pleafe i, the next Gene- 
 ral Aflembly might meet here at Edinburgh upon the third 
 Wednefday of Auguft 169^; and the members did again 
 with one voice declare their approbation thereof Then 
 the moderator having ordered filence, concluded with pray- 
 er, and finging the ijjd pfahn, and pronouncing of the 
 blefiing. T}t Ti Ti' 
 
 § 39 In th- end of the aft of Aflembly 164.7, appro- jiiagement a! 
 ving the Confefiion of Faith, it is aflertcd, that it is al- bou^ their 
 
 K ways right to meet 
 
 fynodically. 
 
74 Government of thb Book I. 
 
 ways free to the maojiftrate to advife with fynods of mini- 
 ftei's and ruling elders meeting upon delegation from their 
 churches, either ordinarily or being ind;(f^ed by his autho- 
 jiry occafionnlly, and pro re natn. t being alfo free to 
 aflcmble together fynodically, as well pfo^-e nata^ as at 
 the ordina'y times upon delegati -ns ftoii the churches, by 
 the intrinfic power received from Chritt. as of en as it is 
 neceflary for the good of the church to adcmble, in cafe 
 the magiftratc, to the detriment of the church, with hold 
 or den\ his confent, the mceffity of occafional Ailemblies 
 being firfl: remonftrate unto him by humble lupplication ; 
 fee § 1, of this title. 
 
 TITLE XVI. 
 
 The Order of the Rolls of Chtirch-JitdicatureSy and 
 Ranking of Church Office-bearers^ And of her Re- 
 gijters. 
 
 Rolls of Hirk- § '• "O Uling elders and deacons in church-feflions, 
 feffions, and -^^ fhould be regularly inrolled, and called to 
 
 ranjung of take place, according to the feniority oF their ordination : 
 ^^^' but the poverty of the church being fuch. that there is no 
 
 maintenance or benefice annexed to thefe offices, there- 
 fore they ufe to be ranked according to their fecular Na- 
 tions and employments; only feniority of ordination may 
 be a rule whereby difputes for precedency among equals 
 are to be decided. 
 
 ^2- All minifters are inrolled in prefbvteries, and have 
 
 How mini- i , ,. i r • • l i • j- • 
 
 fters t?ke place onJy accordmg to the Icniority or their oramntion ; 
 place of one a prefbyter labouring in the word and dodrine, being 
 another, the higheft ofncer in the church, to be fure no office- 
 bearer of an inferior order will ever compete with him : 
 and therefore a minifter of a later ordination, albeit he 
 have the character and fiation of almoner or chaplain to the 
 Royal Family, or of being hifloriogiapher, pnncipal, or 
 protVdor of theology or philofbphy in any univerfity, yet 
 he will not prelume thereupon to take place from one of 
 a prior ordincition; becaufe all thefe llations and charafters, 
 ccdefiaOically confid(.red, are of an inferior order to t'at 
 of the pallor, unlefs he pretend unto it by virtue of civil 
 
 place 
 
Tit» 1 6. Church of Scotland. 75 
 
 place and power, which is condemned in paftors as incom- 
 patible with their fpiritLial fuil6^iO 1, by AfJembly ib^l^ 
 Decern. 9 but the order in which minifttrs d liver the 
 pre by ten.;] exercifes, is according to the (eniority of e- 
 rcftion of the parilh churches where they officiate 
 
 § 3, It is ufual to change the order of the roll every Rolls of fv*. 
 fynod, fo that the preibytcry that was fii(t: called in the nods, low 
 roll of the former fvnod, is now called la(t (as was faid a- o™ereci. No 
 bove). and that whxh was in the (econd place is now cal- elders to voto 
 led firft: and the members are called according to he roll when tbey 
 of each j resbytery. prefented to the clerk by the mode- ^^7 t>e lu- 
 
 rators thereof, with the ruling elders therein infert. And Fr>^';"^^i^3ry 
 , , ' , c5 . -n I r to miniltets. 
 
 though a panln be vacant, or the mmiller thereof not pre- 
 
 ient, yet the ruling elder for ttiat church ftffion is to be 
 called for and inrolled But thofe who are againfl; ruling 
 elders their bemg fupernumerary to miniltcrs in judica- 
 tures niay diflike this : Yet if once a judicature fix on a 
 qnorum, whereof always fo many are to be niiniflers, 
 though dcnible their number of elders fliould come and be 
 prefeiit, there is nothing as yet to hinder them all from 
 voting. 
 
 § + T' e rolls of General Aflemblies do begin with the j^^ji^ ^f ^^, 
 fynod which in the former AlTembly -.vas called in the fe neral Aflem- 
 cond place, leaving the fynod which was then fi ft called biles, 
 now laft ; by which rotation the equality is better prefer- 
 ved. CommifTioncrs from presbyteries are placed in their 
 commilTions according to the feniority of their ordination : 
 next to them are inrolled the commilFioners from the uni- 
 verfities within the bounds ; and next to them fuch as have 
 commifTions from royal burghs therein. In General Af- 
 femblies, ruling elders are called immediately after the 
 miniftcrs their colleague commillioners. 
 
 § 5. '] he firft thing to be done at every diet, after cal- Minutes revi- 
 ling the rolls, is the hearing the minutes of the laft fede- fed and figned 
 
 runt or feffion read ; and ti;l they be palled and allowed ^^^°^^ ^^" 
 i_ 1 • J- ] ir r , .- "^1 1 S 1 1 trace, or re- 
 
 by the judicature, and alio lubicribed by tne moderator, cordino-. 
 
 there ought no extracts thereof to be given ; ncr till then, 
 
 fliouid it be wurrantabie for the clerk to enter them into 
 
 theregiftcr. _ _ _ Clerk and 
 
 § 0. In any thing wherein the moderator or clerk is moderator a 
 
 particularly concerned, they ought in that cafe both to fob- '-''^^'^ to one^ 
 
 Icribe the minutes, as the privy feal uied to be appended o«-t°ft'oti"o'/ " 
 
 ^ i to and tkle of 
 
 the recrifitrs- 
 
76 
 
 GoVER.NMENT OF THE 
 
 Book! 
 
 Form of ap- 
 proving 
 ehurch-ref!;l- 
 fters mns in 
 a negative 
 flyle. 
 
 Order in fill- 
 ing up blanks^ 
 deletings, 
 interlines, 
 and omiiTions 
 in regilters. 
 
 to charters, or the like pafTing the great feal in favours of 
 the keeper of the great ftal. And at the clofe of the re- 
 gifter of every General Aflembly, and of each inferior 
 church judicature, when they are given in to be appro- 
 ved by their next immediately fuperior judicature, they 
 bear, " Here ends the regifter of the afts snd proceedings 
 ** of from to confilVing of pages." 
 
 And this atteftation is to be fubfcribed by the moderrttor 
 and clerk : and every record at the beginning is to bear 
 its. own proper title, viz. The regifier of the afts and 
 proceedings of fuch a judicature, begun at the 
 
 day of &c. 
 
 § 7. By the ninth a£l of Aflembly 1700, they appoint 
 all provincial fynods and presbyteries to be careful in revi- 
 fing the rcgilters of the judicatures under their immediate 
 infpeftion and ihat they appoint a competent number of 
 the mod fit and experienced among theni for that work ; 
 and when they find nothing to challenge in any regilter, 
 they are to give it the attefiation following ; *' The pro- 
 " vincial fynod of having heard the report of ihofe 
 
 " appointed to revife the presbytery book of 
 " and having heard their ren arks thereupon, and the faid 
 ** presbytery's anfwer thereto; and it having been inquired 
 *' by the noderator, if any other had any complaints to 
 " mi.ke againfl the adings of the (aid presbytery, and no- 
 *' thing appearing cenfurabie, ordered the clerk to atteft 
 " this in their presbytery book." And Co for the regi- 
 flers of provincial fynods and kirk-felfions, mutatis mu- 
 tandis; and alfo for the regifters of the commiflionsof Af- 
 femblies, by the hth a^ of Afiembly 1 70D. But if there 
 beany thing trucly cenlurable in the faid books, with re- 
 fpe6f to d'fcipline, that it be recorded as cenfured, both in 
 the fynod book and atteftution. 
 
 $ iS. All fent.nces and a£ts are to be filled up in the re- 
 cords, ns all other things fhould be, accordiiig to the priority 
 of their being voted or agreed unto, and that although no 
 extraft 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 mud: fubfcribe again. When any thing is delete, 
 let it be marked delete on the margin, and lubfcribed 
 as the other, counting the lines or words blotted out. 
 
 But 
 
Tit 16. Church of Scotland. 77 
 
 But interlinings are mofl: improper, and derogatory to that 
 credit which a record fhould bear. Further when any 
 blank is left in the record, and yet there is nothing want- 
 ing, it may be fcorcd, or which is more proper, filled up 
 with nihil h:c dfien ; which words may be lengthened or 
 fh rtened according ro the bounds of the blank. See the 
 9th aft of Aflembly i -06. 
 
 § 9. By the nth aft of Aflembly 1703, for the better ^he reerifters 
 prelervation of their regifters, they enaft and appoint, that how to be 
 there be two authentic copies thereof, both fubfcribed by preferved. 
 the moderator and clerk ; one copy whereof to lie iii the 
 clerk's cuftody, and the other to be fealed, and laid in foine 
 fccure place, where the Aflembiy or Commiflion Ihall 
 appoint : As alfo, that a fubfcribed extra**^ of the proceed- 
 ings of each General Aflembly be fent, a little after the 
 rifing thereof, to the feveral fynods within this church, 
 to be by them recorded in a book. 
 
 § 10 As to the ftyle of the Aflembly's addrefles and civilities 
 letters to their Sovereigns, or foreign churches, and as to paid by the 
 thellyle of their letters to the AfTembly, both may be i&en church. 
 in their printed regifters ; as alfo, thefe, with the records 
 of their commifTions, will evidence what civilities the church 
 pays in congratu ating and attending on the minifters of 
 fiate, and other great men : thus they court their favour, 
 and return them their thanks , all done for the benefit and 
 advantage of the prefent church-eftablifhment. 
 
 TITLE XVII. 
 
 OfVifitation of Schools andUniverfities, 
 
 $ I. A LL fchools and colleges were to be reformed, and vifitations of 
 
 ■L^ none admitted to inftruft the youth privately fchools and 
 
 or publicly, but fuch as fhould be tried by the vifitors of colleges were 
 
 the kirk, James Vi. pari. i. cap. 11. and even under the ^PP.^^".^^^ ^/ 
 1 r> I 1-1 1 • , ,. authority or 
 
 late i relacy, none were admitted to teach in any public the Membly. 
 
 Ichools, without licence from tnc ordinary, Charles ll. 
 pari. I. fefl. 2. cap. ^, Jub fin. ; and alfo, by theaft of Af- 
 fembly, Dec. 17. 18. i6.;X, art. 4. they ratify the afts of 
 AfFembly 1565, 1567, and i^,^s, whereby vifitation of 
 colleges is to be by way of commidion from the General 
 AfTembly ; and the principal regents and profeffors with- 
 in 
 
78 Government of the Book I. 
 
 in colleges, and mafters and doftors of fchools, are to be 
 tried by them concerning the foundnefs of-' their judgement 
 in natters of religion, their ability for difcharge of their 
 call ne;, and the honefty of their converfation. It is no 
 wonder the church think hcrfelf much concerned, that 
 thefe feminaries of learning be duly regulated, confider- 
 ing how much it tends to the increafe of Chriftian know- 
 ledge and learning, and the advantage of true piety and re- 
 ligion. By the General Adembly i J'^. they grant com- 
 n idions for vifitation of the colleges of Aberdeen and 
 Giafgow; and the y\(Tembly ib,q, appoints vifitations of 
 the univerfities of St Andre" s and Giafgow. Ag;,in, the 
 Aflombly 104.0, appoints vifitations < f Giafgow and A- 
 berdeeii colleges, as may be feen in the index of the un- 
 printed afts of thefe and fubfequent Ademblies. 
 Power of vifi- § ^ '^^^ power of vifitations of univerfities, colleges, 
 tation claim- and (cbools, is now claimed by the Sovereigns to be iheir 
 ed by the So- undoubted right and prorogative, as is evident from the 
 vereign. Vi- j^^j.|.^j.j^g ^^ ^j^g 2£|. q£- pg^jlj^^^^j^j 1C90, for the vifitation 
 
 anTwork di- o^ Univerfities The power granted to the vifitors by that 
 ftinguiflied. aft, is only executive or judicative, and not leg'flative, 
 which neither can nor ihould be ; for feeing the truft 
 wherewith the legiflators themfeKes are cloathed is only 
 perfonal, it cannot be delegated to others, unlefs they re- 
 ceive power from their conliituents for .hat effecl and pur- 
 pofe : But though their power c uld be delegated, it 
 iliould not i e done ; for fome defi ning and dillaffefted 
 members, in fuch commifiions, might fo manage the plu- 
 rality fa quorum to plant and regu'ate thefe nurferies of 
 church and flate, as might pave the way, and difpofe the 
 nation more eafily for fome pernicious revolution. The 
 vifitors appointed in that commifiion are both members of 
 parliament and miniftcrs. 1 he one fort 1 think, is appoint- 
 ed to remove difloyal teachers, and to confider the foun- 
 dations ;;f tiicfe feminaries, vi'irh the rents and revenues 
 thereof, and how the fame have been managed, and to fet 
 down good rules for the manage. i.ent ti.ereof. And mini- 
 flers, 1 think, are named to lake trial if the teachers be er- 
 roneous, fcandalous negligent, or infuf^cient, and for or- 
 dering the manner of teaching; and thereupon prefent their 
 humble advice to the llatelnien j lor authoritatively they 
 
 cannot 
 
Tit 17. Church of Scotland. 79 
 
 cannot a£l without delegation from the church. See the 
 title abocit extraordinary fynods, § 1 . 
 
 § 3. There is none will grudge the chnrch the exerciD who are or- 
 of this power of vifiting cijlleges, fo much as rhtfe ira - dinarily the 
 flers, who have ground to fear that their infufficiency and gr^ateftene- 
 negligence may come to be expofed and difcovered upcn church-vifita- 
 an exaft and judicious trial. Again, there are fome fafli- tions. 
 ous made s thr.i defire only ftatcfinen to be vifitors, a- 
 motig whom they think feme of theii quonduni difcipksmay 
 be found, who will be influenced to favour their ambitious 
 or revengeful defigns. 
 
 § -i,. As to grammar fchools the power of vifiting them Preftyteres 
 remains with presbyteries ; for by the ^. .d aft, pari, it) i^, may yet vifit 
 it is declared, that all fchoolmaflers, and teachers of youth grammar-^ 
 ill fchools, are, and Ihall be liable to the trial, judgement, fchools twice 
 and cenfure of the presbyteries of the bounds for their fuf- 
 ficicncy, qualifications, and deportment in the fa"'d office, 
 by the aft of AlTembly yih Feb. 164^, they appomt, that 
 every grammar- fchool be vifited twice in the year, b}' vifi- 
 tors to be appointed by presbyteries and kirk ;efl"ions in 
 land- ward pariihes and by the town-council in bu ghs, with 
 their minillers; and where univerfities are, by the univer- 
 fitics, with conlent always of the patron of the Schools, 
 that both the fidelity and diligence of the mafters, and 
 proficiency of the Icholars in piety and learning, n ay ap- 
 pear. Inquiry is alfo o be made, if mailers be diverted 
 from due attendance by any othei employment. By the 
 1 :th aft, ArTemMy . y j6, fomewhat of the fame nature is 
 jnjoined, viz. I'hat presbyteries vifit grammar fchools 
 twice a year, by fome of tbeir own nuinber 
 
 § ; By the forefaid aft ; 64.., they appoint, that no who exa- 
 
 fchoolmaiter be admitted to teach a grammar fchool in mines fchool- 
 
 burghs, or other ; onfiderable pariihes, but (uch as after rnafters at 
 
 ^ • 11 • ■(\ i • £•! J tneir admii- 
 
 exammat on by the mmiiters. dcpu'ies or the town and ^^^^ 
 
 k'rk felfion and parifn (which is, 1 thmk the herirots), 
 
 iliall be found (kiilful in the Latin tongue, not only for 
 
 prole but alio for v. rfe, and fhall be alfo approved by 
 
 the j rtsbytery therein 
 
 § *■'. By the forefaid aft, they appoint,, that at the time Cor-efpond- 
 
 of every General ^-ffembly. the commiifioners direfted ir.g ot univer- 
 
 thcrero liom univerfities, meet and confilt together for the "^^^^• 
 
 adv«inceii.*ent of pieiy and learning, and keeping of an iini- 
 
 formity 
 
8o 
 
 Govern ^lENT of the 
 
 Book T. 
 
 CoiTefpond- 
 ino- vi ith 
 foreign chur- 
 ches, fuch as 
 Migdeburg, 
 1^77, ana 
 Weftminfler. 
 164"', the ex- 
 pences and 
 fale condiift 
 ot correipoii- 
 dents. 
 
 General 
 council, its 
 autliority. 
 
 formity in do^ine, and good order among the univerfl- 
 ties. What they do this way, is not to bind the univerfi- 
 ties, till it be prefcnted to the General AfTembly. and re- 
 ceive their authority, as may be gathered from the Aflem- 
 bly's nft, i8rh June 1646. This of new isena6ted cy the 
 6th aft of Adembly 17^7. 
 
 TITLE XYlir. 
 
 Of a General Council of Protejlants, 
 
 § I. AS provincial AfTemblies may, and do corrcfpond 
 -^* vviih other provincial AfTcmblies, fo may Gene- 
 ral Aflemblies with the A{Temblies of other churches In 
 a manufcript of the acts of Xflembiies, Edinburgh Oftober 
 ' ^. I 577, you will find that Calmir having written to the 
 Queen of England, of a council to be held at Magdeburg, 
 for eftabiilhing the Auguftine Confefllon, the Queen 
 w ote thereof to the regent in Scotland, who communica- 
 ted her letter tv> the AiTcmbl . , and defired ihey might fond 
 fome of ther number to aflili thereat. Whereupon the 
 AfTembly named Mr Andrew Melvill, and fome others. 
 And fome miniilers and elders were fcnt from the AfTem- 
 bly to the AfTembly of Divines ct Wefbninfler. in order to 
 carry on the unity and uniformity in rclig-on and church- 
 government It belongs in thefe cales to the civil powers 
 of thefe nations from which they go, to take care that their 
 charges be honeflly defrayed ; and the flates, in whole do- 
 minions; the council is to be, ule to grant a fafe condu^l to 
 the foi'cign correfj ondents. See tit i ,. § 9 
 
 § z. In the book of policy o: the k'rk, agreed unto f^nno 
 158 I, thoy fay, befides thefe AfTemblies, there is another 
 more general kind of AfTeir.bly, an univerfal Affembly of 
 the Church of Chrilt in the world, which was common- 
 ly called ancecun.enic council, reprefenti g the univerfal 
 Church, which is the body of Chrill. Their warrant to 
 meet, and the authority of their meeting, muft be as good 
 and as great, with refpeft to national and general aiTem- 
 blies or convocations, as the authority of thefe are v/ith re- 
 fpe£l to provincial ail'cmblics or fynods 
 
 § '^. If the Proteflant Princes and Commonwealths 
 would condelcend and concert, that there fliould be a ge- 
 
 nerel 
 
Tit. i8. Church of Scotland. 8i 
 
 neral council ar fuch a time and place ; then the national or The manner 
 rather provincial ^fTemblies, at the appointment ot" their re- ^.^^ ^'^^^ ^^^^^ 
 fpeftive fovercigns, might meet and delegate one pador and portioning; 
 elder for each province, confilting of an hundred pariflies : the reprefen- 
 only from each diftinft fovereign'y, though conliding of tion. 
 Jefs than fifty parifhcs, ihcrc might be at lead a reprefen- 
 ration of the c urch therein by t)nc after and ruling elder 
 
 5 4. Molt of the churches being already bound and ob- J^^tters of^ 
 , ^, , . ^ r rr r c- • \ w u laith ahnoit 
 Ijged to own and maintain that Confeliion or raith wnxn 32.^,^.1 j.^ ^. 
 
 i;hey have by their canons authorifed and approved ; and ready. 
 there bein^ an univcrfal harmony in the doclnne contain- 
 ed in all t -e Confeilions of the Reformed Churches, the 
 work of a General Council, as to '^^atters of faith, would, 
 in all probability, be fweet and eafy: and if, in what rela- 
 tcth to the worlliip, difcipline or government of the church, 
 there fhould be fome mifunderftandmgs, God (hould even 
 reveal this unto them. Neverthelefs. vvhercio wc have 
 already attained, let us walk by the fame rule, let us mind 
 the f me things, Phil, iii, ,h. lO. ^ ^ 
 
 6 ::. if this council were once met and conftitute, and ^^r^ °^ 
 
 ^ ' , , , . ,• % • r 1 r • meetiiis;, and 
 
 countenanced by the autliority oi their leveraltovereigns, pj-.^^J^j. ^j- 
 
 ihen they might appoint the time and place of their next this ccu'acil. 
 council, whicii might be every feventh year; and let one 
 from different chiirches be chofen to the chair at every 
 new council. To prepare the way for fuch a Catholic 
 meeting., it were fit, in the mean time, to have a correfpon- 
 d.nce kept among all the churches See § i. of this title. 
 
 § ). In the fubordmation of thefe AfTemlbics, parochial, The benefit 
 presbyterial, provincial and national, the lefTjr ,unro the of thh fabor- 
 greater, doth confift the external order, ftrength, and lied- "^'i^^-^"- 
 fafinefs of the Church of Scotland. And when ic lliali 
 pleale the Lord to make ready and difj^ofe the nations for 
 ^ general council , then fliall that beauty and ftrength ap- 
 pear more remarkably in the vv'nole Catholic Church, 
 which is the liody ot"Chnit. Then fliould the chur- 
 ches be effabliihcd in the faith, increafed in number daily; 
 and as they went through the cities, delivering them the 
 decrees to keep, that were ordainfxl of the Apoftles and 
 Eiders, which were at that general council, A£ls xvi. 4. 5. 
 they fhould give occafion to many to rejoice for the con^ 
 folation. Such a time is rather to be wilhcd than hoped 
 for. See til. i. 6 j. of this book. 
 
 L BOOK 
 
82 G O V E R N M E K T O F T f I E Book II. 
 
 BOOK II. 
 
 TITLE I. 
 
 OfLeBuring, Preaching, Catcchifingy PMk P?'a\'crs 
 before 'and after Ssrjnon, 'Singing of Pfalmsy and 
 Minijierial BenediBioJi. 
 
 JJothino; to r ,^ T^Y the I A til a<5l of Aflemblv 1707, they declare 
 
 be admit tM ^ B-< , .r^ r • • i til 
 
 rith=wor'l !o I 3 ^^''^^ there r.re lome innovations let up or larcby 
 
 cir'Gofl, biit^ prelatifts in thei; public AGcmblies, which are 
 
 what is pre- dangerous to this church, and manifclily contrary to the 
 
 fcnbed 111 conitanf pratTiice and known principle thereof, which is, 
 
 ^' * that nothing is to be admitted in the worfhip of God, but 
 
 what is prefcribevi in the Holy Scriptures ; therefore 
 
 they difcharge the pr;;clice of all fuch innovations in divine 
 
 worfliip within this church ; and ininiders arc required to 
 
 inform their people of the evil thereof. 
 
 How the con- § 2. All are to enter the afTembly in a grave and feemly 
 
 j;regatiou manner, to take their feats or places without adoration, cr 
 
 t^ythaliciuxe j^Q^yj^g themfelves towards one place or other. . If any, 
 
 through ncceffity, be hindered from being prefent at the 
 
 beginning, they ought not, when they come into the con- 
 
 gregafK^" to betake ti, em felves to their private devotions, 
 
 but re JFently compofe themfelves to join with the Alfem- 
 
 bly in That ordinance of God, which is then in hand. Motl 
 
 of what is faid on this title may be found in the Dire<fl^ory. 
 
 Th-irbch"- ^ ^' '^^^^ congregation being afTemblcd, the miniiter, 
 
 viour ia the ^ftcr folemn calling on them to the vvoriliipping of the 
 
 tJnis oi" sror- great name of God, is to begin with prayer. The public' 
 
 l/^ip. worihip being begun, the people are wholly to attend on it ; 
 
 forbearin;T to read any thing, except what the minider is 
 
 - than reading or citing : Much more are ihey to abftain 
 
 from all private whifnerings, conferences, falutaticns^ or 
 
 doing reverence to any perlbn prefent, or coming in; as al- 
 
 • fpirorn nil giviing. H.-cpin'^;, or other jndcccr.t behaviour. 
 
 <> 4. R.cad- 
 
Tit. I. Church OF Scotland. 8^ 
 
 § 4. Reading of the Word in the congregation, being a Why the 
 part of the public worfliip of God, (wherein we acknow- Word is to be 
 ledge our dependence upon him, and lubjecbon to himj andbywhom. 
 and one mean fanftified by him for the edifying of his 
 people, is to be performed by the pallors and teacher^?, and 
 preachers licenfed by the presbytery thereunto, who fhould 
 (as Ezra and his companions did, INeh viii. 8 ) read in the 
 book in the law of God di(lin6tly, and give the fenfe, and 
 canfe them to undcrltand the reading. 
 
 § 5. How large a portion is to be read at once is left to jjow much is 
 
 the wifdom and difcrerion of the minifler : ^jut it is con- to be read at 
 
 venient that ordinarily one chapter of each Teftament be ^, ^i"^^' ^^^''. 
 , • 1 r ■ 1 u the order ot 
 
 read ar every meetmg, and lometimcs more, where the j-eadhio- and 
 
 chapters be fhort, or the coherence rtf the matter requireth cxpoundmg. 
 it. It is alfo requifire that all the canonical books be read 
 over in order, ti'at the people may be the better acquaint- 
 ed with the whole body of the (cripturcs, and where the 
 reading in either Teftament endeth on one Lord's day, it is 
 to begin the next. The more frequent reading of fuch 
 icriptures is alfo commended, as he that readeth lliali thnk 
 beft for edification of his hearers, as the book of Pfalms, 
 and fuch hke ; and when he fliall judge it necedary to ex- 
 pound any part of what is read, that work is not to begin 
 until the reading of the whole chapter or pfalm be ended. 
 
 § 6. Regard is always to be had to the tim.e, that neither When le^hv 
 
 preaching nor other ordinance be ftraitened or rendered re- ''^"^, D^gi""^? 
 I- \iM • 1 I ■ 1 , r 1 • 11 1 LI- andhowlona; 
 
 dious; which rule is to be oblcrved. in all ether P"!^hc ^^ ^.^^^j^^^^^^ 
 
 perform.ances; and therefore, by the a£i: of ^llembly, Feb. according to 
 7. 1 645, for regulating of that exercije of reading and ex - the old and 
 pounding the fcriptures upon tije Lord's day, ir.entioned ^^^^^ ^"'■^* 
 in the Dire61ory, they ordain the miniiler and people to re- 
 pair to the church hulf an hour before that time, at which 
 ordinarily the miiiiiler now entcreth to the public worfliip ; 
 and that that exercife of reading and expounding, together 
 with the ordinary exercife of preaching, be perftcled and 
 ended at the time, which formerly doled the exercife of 
 public worfliip. And for recovering the old cuftom efta- 
 bliihed by the Direftory, the General AHembly 1594, fc(r. 
 9. appoints minifters to read and open to the people fo^ne 
 large and confiderahle portion of God's word i*.nd the 
 ddigence of minilters in this is to be inquired into by j.ref- 
 
 L 2 byteries, 
 
S4. Government of the Book II. 
 
 byrerics, at their privy cenfures, Adembly 1704, feit 8, 
 and alfc) at parorhial vifitat'ons AfTcmblv t7>6, aft 10, 
 Preachinn;, § 7 Preaching of the Word, beirgr the power of G< d 
 
 itsexrenency unto fa!vat!on, and one of the greatell and mofl excellent 
 anu .a. jedt- yr-orks belnging to the niiniriry of the gofpcl, fhonld be fo 
 performed, that the vvor; men need nor be afhaned, but 
 may fave himfelf and ihofe that hear him. Ordinarily the 
 fubjeft: of hs fcrmon is to be fonic text of t c fcripturc, 
 holding for'h fome princ pic or head of religion, or fuitable 
 to the fpecial occafurn emergent : Or he may go on in 
 fbme chapter, pfalm, or book of the fcripturer as he fliali 
 fee fit by the 8 th art. cap. :? of our Confefilon of Faith, 
 the doftrine of the high myflcry of predefiintition is to be 
 handled with fpecial prudence and care; and albeit Mr 
 Turrentine in his Inftit. > h< ol. 1 c, qnefl:. 6. mai tains, 
 very warrantably, thj/t it fhould be publicly taught, yet 
 he thinks it a fubje<5l moreproptf for the fchools than the 
 pulpits. 
 Introduajon § ^- ^^^ introdoftion to the text is to be brief and per- 
 ihm, anddi- fpicuous. drawn from ti'C text itfelf or c- n text, orlomc 
 viuonot the parallel place of fcripture. If the text be long, (as in hi- 
 ^^^'' ftories and parables fometimes it miift be), he is to give a 
 
 brief fun; of it ; if fliort, a paraphrafe thereof, if need be. . 
 In both, looking diligently to the fcope of the text, and j 
 pointing at the chief he^ds and grounds of doctrines which 
 he is to raife from it. In analyfing and dividing his text, 
 he is to regard more the order of m tttr than of words, 
 and neither to burden the memory of the hearers in the 
 b; ginning with too many members of divifioh, nor to trou- 
 ble their minds w:th obfcure terms of art. 
 
 § 9. In raifing doftrines from the text, his care ought to 
 
 Ho'v doc ^ ^ ^ ^,^^^ j|^^ j^^^^^^j. ^^ jj^^ ^^^^^^ of God. 2dly ,That 
 
 tnnes are to . , , , , . , . , -^ , 
 
 be railed, e.x- '^ '^^ ^ '^'"'■'^''^ grounded on, or contained in that text, that 
 
 plained, il- the hearers may difcern how God teacheth it from thence. 
 
 luftrated, and ,dly. hat he chiefly infiH: upon thefe doftrines which are 
 
 toaunned. pnncip.dly intended, and make -molt for the edification of 
 
 the hearers, 'J he doftrinc is to be expreffed in plain 
 
 terms: or if any thing in it need explication, it is to be o- 
 
 pened, and the c )n(eq'ience alio from the text cleared. 
 
 l he parallel places of fcripture confirming the doflrineare 
 
 rather to be plam and pertinent than many; and, if need 
 
 be, iomewiiat infilled upon, and applied to the purpofe in 
 
 Jk hand. 
 
Tit. I. Church of Sc6tL\ND. 85 
 
 hand. The reafons or arguments nre to be (olid, and, as 
 much as may be, convincing. The illuftrations, of what 
 kind foever, ought to be full of light, and fuch as may con- 
 vey the truth into the hearers hearts with fpiritual delight. 
 
 § ;0. If any doubt, obvious from icripture or reafon, -^l^^^ j^jj^^^f 
 or prejudice of the hearers, fecm o arifc, it is very re- doubts and 
 quifite to rer'iove it, by reconciling; the feeming diiTcren- controverfies 
 ces, anfwering the reasons., and difcovering and taking a- r^j ^°j f i^^^j 
 way the caufes of prejudice and miClakes : other wife it is 
 nor fit to detain the hearers with propounding or anfwering 
 vain or wicked cavils, which, as they are endlefs, fo the 
 propounding and anfwering of them, doih more hinder 
 than promote ctlifica-ion. 
 
 § I I The doftrine is to be brought home to fpecial ufe Doftrlnesare 
 
 by application to the hearers, that they may feel the !° ^^^PP|.^^*^ 
 
 word of God to be quick and powerful, and a difcerner jufti-uftion 
 
 C)f the thoughts and intents of the heart. In the ufe of confotation, 
 
 inftru6lion or information in the knowledge of fome truth, exiiortation, 
 
 which is a confeouencc from his doctrine, he m.iv, when ^^F°<^*^' ^^"^ 
 ' , , r r r i lolation, and 
 
 convenient, conhrm i,t by a rew nrm arguments, rrom the ^nd trial} 
 
 text in hand, and other places of fcripture, or from the and hov/. 
 nature of that common place of divinity, whereof that 
 truth is a branch. In confutation of falfe doctrines, he 
 is neither to raife an old hcrefy from the grave nor to 
 mention a biafj hemous opinion unnecefTarily ; but if the 
 people be in danger of an error, he is to confute ir found- 
 iy, and endeavour to fatisfy their judgements and confci- 
 ences againft all (.'bjedion. In exhortation to duties, he ' 
 is, as he feeth caufe, to teach alfo the mea-.s that help to 
 the performance of them. In dchortation, reprcherfioti, 
 and admonition, which requireth fpecial wildom, he is, as 
 need requires, not 'only to di (cover the nature and great- 
 nefs of the fin, v/ith the mifery attending it, but a Kb to 
 ihcw the danger the hearers are in to be overtaken and 
 furpriled by it, together with the remedies and bell way 
 to avoid ir. In applying comfort, whether general againft 
 all temptations, or particular againlt fome (pecial troubles 
 and terrors, he is carefully to anfwer fuch objedions as a 
 troubled heart and afB cted (pirit may fuggelt to the con- 
 trary, ir is alfo lomctimcs requifite to give (ome notes of 
 trial, which is very profitable, efpecially when perform- 
 ed by able and experienced minifters, with eirct3iB(pe<5l'o!i 
 
 and 
 
86 Government OF THE Book II. 
 
 and prrdence, and the figns clearly grounded on the holy 
 fcripturc, whereby the hearers may be able to examine 
 themfelves whether they have attained thofe graces, and 
 performed thofe duties to which he exhorreth, or be guilty 
 of the fin reprehended, and in dan ;er of the judgement 
 threatened, or are fuch to whom the confolations pro- 
 pounded do belong. 
 ^, ^ , r ^f § 2 This method is not prefcribcd in the Dircflory a$ 
 this method, neceffary for every man, or upon every text : nor is it ne- 
 celTary to profecute every do£lrine which lies in th.e text, 
 and fuch ufes as are wifely to be made choice of, as by 
 the 'r inifter'^s refidence and converfing with his (lock he 
 finderh mod needful and feafonable for them : but only it 
 is recommended as a method which hath in experience been 
 found much bleffed of God, and very helpful for the 
 peoples underftandings and memories. 
 Catec.h'^tical ^ ' i- Minifters are to preach catechetical doflrine, be- 
 dc trinetobe fidi s their ordinary work of catcc'iifing, in fuch manner 
 preached,aiid ^^ the\ find mort Conducive to the edification of their 
 cateSr ''^fl'^c^^S' ^y ^^' °^ AfTembly 169:, fefi: i .This work of 
 catechifing, is a familiar way of inltru^ion or teaching, 
 when the fcholar iinfwers the quellion afked. It is in a 
 plain way to in{tru£l ihofe of their cl^arge in the firlf prin- 
 ciples of the Chriffian rdiaion. This was the apoflolical 
 way of teaching the churches at their firil plantation, 
 !Heb. V. 1?. and vi. 1. 2. 1 Cor. iii. 1. 2. This is the 
 periphrafi:- of paitor and people, which the Holy Ghofl 
 ufeth, fetting forth the reciprocal relation and office be- 
 twixt them. Gal. vi 6 "Let h m that is raught/' or ca- 
 techifed, "in the word, communicate unto him that teach- 
 €th," or catechifeth " in all good things." Ca . echu- 
 MENi. was a word ufed by the primitive church, to fi^- 
 nify fuch as learned the principles of religion, and were 
 not yet bajitifed, and fince. fuch as arc catcchifed but 
 who have not received the Lord's Supper. Thefe Catc- 
 chnn eni, were of two forts : one fort was, of thofe \^ ho 
 had not accels to baptifin till they made public profelLon 
 of their faith in Jefus Chrift, bccnufe their parents were 
 Heathens, and themfelves flrangcrs to the Chrillian doc- 
 trine; fuch were catcchifed before baptifm. i he other 
 fort of Catechumeni was, the children of profened belie- 
 vers, who were baptifed when infants, having a right to 
 
 that 
 
Tit. I. Church of Scotland. ^'j 
 
 that feal by virtue of that promife made to believers and 
 ! to their children ; thefe, after their infancy was over, and 
 i they had been privarely inllrufted in the principles ^'i the 
 i Chrillian religion, offered themielves to public catcchifing. 
 I Both thefe forts, after they had made fuch proficiency in 
 I the knowledge of religion, as thereupon they were admit- 
 ted to the Lord's Table, rhey got the name of Perfect:. 
 
 § .4. By the 2;,th article cap. •. French church difci-- ^onetoteach 
 : pline, tli;' minider of one parifh cannot preach in another, publicly out 
 I without iirfl obtaining leave of the minifter of that, unlefs of their own 
 I in cafe of his jibfcnce. jn which cafe it nmd be the con- boyi^-<^s with. 
 1 filiory that invites him: and it the flock be dil[-erfed by 
 \ rea(on of perfccution or other trouble, the liranger fhali 
 ' endeavour to aflen ble the deacon> and elders, which if he 
 cannot do, he Ihall neverthelefs be permitted to preach to 
 re-unite the flock. And by the :cth canon Cm i r fcx ?, 
 in^fullo: '* Ne liceat epifcopo in alia, ouitd ad fc noii 
 •' pertinet, civitate publico docere ; fi cjuis autem hoc fa- 
 ** cere denrehenfus fuerit, ab epilcopatu dcliltat, presby- 
 I *' tcri autem inunere fungatur." 
 I ^ I c. Every minifler is ordained to have weekly care- „ ,. , 
 
 J. 3.rOClll3.I C3.* 
 
 chifing of fome pirt of the pariih, and maflers of families tethifmo- is 
 are to catechife their children and fervants at home, where- appointed to 
 of account fliall be taken by the minilier and ciders alfift- ^'^ weekly.^ 
 inff him in the vidtation of every family : fee aft of A(- ^f ^? ''^^'^^" 
 fembly, Augufl :^o. 1 6-^9. And by the aft of Aflembly, 
 July K\ 1O49, the furefaid aft is renewed. 1 know no 
 aft fur v/eekly fermons, yet weekly preaching there is ; 
 miniflers it is true are appointed to preach every Lord's 
 
 j day, both before and after noon, Aflem. 164b, felE 38. 
 
 ! But there is none for week days fermons ; yet the one is 
 obfcrved, and the other too much m defuetudc. By that 
 aft 16^9, minidcrs arc (b to order their catechetic queUi- 
 ons, as thereby the people prcicnt may at every diet have 
 
 i the chief heads of laving knov»'lcdge prefcnted unto them. 
 And by the fame aft, every presbytery is ordained to take 
 trial twice in the year, whether all the miniilers be care- 
 ful to keep weekly diets for catechfiing: and if any be 
 found negligent therein, rhey lliall be admonilhed for the 
 tirll fault; and if after fuch admonition, they ihall not a- 
 mend, the presbytery then Ilia 11 rebuke them Iharply •, 
 and if r.frcr flich rebuke, they Ihail not yet amend, they 
 
 fnail 
 
81 GovE^lN^fENT of the Book II. 
 
 fliall be fufpended Miniflers of landward congregations 
 are certainly to be exempted from this in leedtime and 
 harveft; and the a6t is to be fo under' ^ood. 
 ^V^lo are to § 16, All of every quality arc to be examined of whofe 
 be examined; knowledge minilUrs are not certain, (which clearly (up- 
 how often, pofeth that a miniiler being once fatisfitd with a perlon's 
 what a^e ; knowledge, is not obliged again to examine him), and young 
 with the ufe perfons from the lime they are capable of inftrucl'on, 
 of examina- which it feems hath been thojght to be about nine year^ 
 tipn-roUs. ^^. 3g^^ j^y jj^g -^^ g^ ^^, ^f ,\{Iembly at fcldinburgh i ^70. 
 
 But fee A0embly 164b. fed! '^jo. among rem dies eccle- 
 (iaflical, in parrcular againfl ignorance. And Adem. 10 .6, 
 fefC. 10 remed 9. miniflers are to have rolls of their pa* 
 rifh, not only fir examination, but for confidering the fo- 
 veral difpofitions of the people, that accordingly they 
 may be admonifhcd and prayed for by them in fecret. 
 C t h'fms § '7 '^'"'^ larger and fhc)rter Carcchi[ms agreed upon 
 
 laro-er and* by the Aflcmbly of d vines at ^^'e(tminfter, with afTiflance 
 ihorter, their of commiflioners frorn this church, are by the Affeinbly 
 ufeincate- 1648, July 2 H. and Auguft o. approved and appoi.ited 
 "^S- dire<51:ories, the larger for catechifing proficients in religi- 
 
 on, and the Hiortcr fpr catechifing fuch as are of weaker 
 capacity. }>y the a6l of Allembly 16.9, fed 30. fefljons 
 are to take care that in every family, there be at leaft 
 or.e copy of thefe Cateehifms, Confelfion of Faith, and 
 Directory for vvorfhip. 
 A B C Ca- § '^- % ^'^""c ailitof Affembly July 28. 1649, they ha- 
 techl'fm'con- "V'^g found in a liitlecetechifm printed at Edinburgh 164 ~/, 
 demned. intitled, "The A, B, C, with the C;.rcchifm," that is to 
 fay, *' An inftruftion to be taught and learned of young 
 '* children," very grofs errors in t^.e point of univerfal re.- 
 demj tion, ?nd in the number of tlie facramcnts, they do 
 difcharge the felling, uling, and reprinting thereof. 
 When a re- § '9 Somc perfons may be rebuked at the tinre of ca- 
 buke is to be techifing, wlio deferve more tli.m a private rebuke, and 
 given at ca- yet n.cd not be brought to public repenrence, Ailem. 
 techifmg. \^^^^i,ff ^^. ' ^ 
 
 Of public § "^'*' '^^^^ intention of the compofcrsof our Dire^ory 
 
 prayers, and for public prayer is exprclfed towards the end of their pre- 
 the mind of face. Their ovfn words are, "■ our mcanmg therein he- 
 the direftory „ }j,g q^j ^^^^ ^^^^ general heads, t'ne fenfc and fcope of 
 about them. ^, 1^ -^ , ^, r 1 t- n- I - 
 
 *' the prayers ar»a orhcr parts pr pub'ic worlnip being 
 
 '* known 
 
Tit. I. Church of Scotland. 8i 
 
 *' kncwn to alK there ir.ay be a conf nt of all the church- 
 
 *' es in thelc ih'ngs that contain the fubflance of the for- 
 
 *' vice and worih p of (..'od. and the minillers may be 
 
 *' hereby direOed in their admii.iflrations, to keep like • 
 
 *' foundnefs of d(/ftrine and prayer., and moy, if need be, 
 
 " have fov.e help and f-jmiture : yet (o as they become 
 
 " not h reby flotiful and negligent in (liuring np the 
 
 *' gifts of Chrilt in theii ; but that each one by mcdita- 
 
 *' tion, by taking heed to himfelf, and the flock of God 
 
 *• co:Tim;tted to him, and by wife obferving the ways of 
 
 '* divine Providence, rriny be careful to furnifn his heart 
 
 "• and tongue, with further or other n^aterials for prayer, 
 
 " as lliall be needful on all occafions." 
 
 § ' I. The Directory for public prayer dotli recommend Tlie prefect 
 that prayer Vk'hich Chrilt taught his difciples. to be alfo '^';1'^*^'^' .^^ 
 nfcd in the prayers of the chutch : bccaufe it is not only ^ '^' ' ^ -er 
 a pattern of prnyer, but is itlelt a moll comnrehenlive 
 prayer, I do think there are no public prayers ufcd in 
 our church, wherein the petitions in the Lord's prayer, 
 are not cxprefled throughout their prayers ; though per- 
 haps neither at the beginning, or conclufi. n, or A' at once, 
 by way of form. But if any, notwithlknding^ think fit to 
 fay it likewife all at once, the moft proper time for that, 
 Tome think, would be immediately before the odier form 
 ufcd for the minifterial benediftion. See. § 29 of this 
 title. 
 
 § 22. After reading of the word, and Hnging of the Of public 
 pfalm, the Lord is to be called upon to this effect, viz prayt;_rs be- 
 To acknowledge our great finfulnefs, firft, by reafon of ^^j^^^^ ^.^^ ^c 
 original fin, which, befides the gui!t that m.rdics us liable to theDiredory 
 everlafling damnation, is the Ceed of ail other fins that hath for public 
 depraved and poifbi ed all the faculties arid powers of foul ^'■'o^^-T» "" 
 
 1 I ] 1 J £21 1 n rL J • pTCcd unto 
 
 2nd body, doth denle our belt actions; and were it not re- [,yj-v,e AfTcm- 
 ftrained, or our hearts renewed by grace, w-ould break bly 1645. 
 •forth into innumerable tranf^refiTions, and greateil rebel- 
 lions againll the Lord, that ever were committed by the 
 vilell of the fbns of men. And next, by reafon of a'lual 
 fins, our OVA n, fins, the (ins of magiftrates, of miniflers, 
 and of the whole nation, unto which we are many v/ays 
 acccflbry : which fms of ours, receive many fearful ag- 
 gravations, v.'c having broken all the commandments of 
 the holy, juil', and good law of God^ doing that which 
 
 M is 
 
Si Government of the Book II. 
 
 is forbidden, and leaving undone that which is injoincd, 
 and that not only out of ignorance and infirmity, but 
 alfo more prefumptuoufly againfl: the light of our mind^, 
 checks of our confciences, and motions of his own Ho- 
 ly Spirit to the contrary. So that we have no cloak for 
 cur fin, yea, not only defpifing the riches of God's good- 
 nefs, forbearance, and long-fuffering, but Handing out a- 
 gainft many invitations and offers of grace in the gofpei. 
 To bewail our biindnefs of mind, hardnefs of heart, un- 
 belief, impcnitency, fccurity, backwardnefs, barrennefs, 
 our not endeavouring after mortification, and ncwnefs of 
 life, nor after the exercife of godlinefs in the power there- 
 of, and that the bcft of us have not walked Co ftedfaftly 
 with God, kept our garments fo unfpotted, nor been fo 
 zealous of his glory, and the good of others as we ought, 
 and to mourn over fuch other fins as the congregation is 
 particularly guilty of, notwithfianding the manifold and 
 great mercies of our God, the love of Chrift, the light of 
 the gofpei, and reform.ation of religion, our own pur- 
 pofes, promifes, vows, fclemn covenants and other ob- 
 ligations to the contrary. To acknowledge and confefs, 
 that as v/e are convinced of our guilt, To, out of a deep 
 fenfe thereof, we judge ourfelves unworthy of the fmall- 
 eft benefits, moft worthy of God's fierced wrath inflicted 
 upon the molt rebellious finners, and that he might juftly 
 rake his kingdom and gofpei from us, plague us with ail 
 forts of fjiirifual and temporal judgements in this life : and 
 after call us into utter darknefs. Norwithftanding all 
 which, to draw near to the throne of grace, encouraging 
 ourfelves with hopes of a gracious anfvver of our prayers 
 in the riches and allfjfficiency of that only one obiation, 
 the fatisfaftion and intercefiionof the Lord Jefus Chrift, at 
 the right hand of his Father and our Father, and in confi- 
 dence of the exceeding great and precious promifes of mer- 
 cy and grace in the New Covenant, through the fame 
 Mediator thereof, to deprecate the heavy vi'rath and curfe 
 of God, which we are not able to avoid or bear, and hum- 
 bly and earncOly to fupplicatc for mercy in the free and 
 full remillion or our fins, and that only for the bitter fuf- 
 ferings and precious merits of that of our only Saviour Jefus 
 Chrilh That the Lord would vouclifafe to filed abroad 
 his love in our hears by the Holy Ghoft ; feal unto us by 
 
 ■ the 
 
Tit. I. Church OF Scotland. 83 
 
 the fame fpirit of adoption, the full affurance of our par- 
 don and reconciliation ; comfort all that mourn in Zion, 
 fpeak peace to the woun'Jcd and troubled in fpirit, and 
 bind up the broken hearted : and as for fccurc and pre- 
 fumptiious (inners, that he would open their eyes, con- 
 vince their confciences, and turn them from darknefs unto 
 light. To pray for fanftification by his fpirit, (he mor- 
 tification of fin dwelling in, and many times lyrannifingover 
 us, the quickning of our dead fpirits, with tlie life of God 
 in Chrift, grace to enable us for all duties of our conver- 
 fation and callings towards God and men, flrength a- 
 gainfl: temptations, the (anfiified ufe of blelTmgs and crof- 
 fes, and perfeverance in faith and obedience unto the 
 end. To pray for the propagation of the gofj?el and 
 kingdom of Chrifl to all nations, for the convcrfion of 
 the Jews, and the fullnefs of the Gentiles, the fall of 
 Antichritl, and the haftening of the fecond comino; of our 
 Lord : for the deliverance of the diftreffed churches a- 
 broad, from the tyranny of the Antichriilian faiTtion, and 
 from the cruel opprefnons and blafphemies of the Turk ; 
 for the bleffing of God upon all reformed churches, 
 efpecially upon the churches and kingdoms of Scotland, 
 England and Ireland, more particularly for thr.t churcli 
 and kingdom whereof we are members, that therein God 
 would eiiablifn peace and truth, the purity of all his or- 
 dinances, and the power of godlinefs, prevent ^nd remove 
 herefy, fchifm, profanenefs, fuperftition, fecurity, and 
 unfruitfulnefs under the means of grace, heal ail our 
 rents and divifions, preferve us from breach of our fo- 
 lemn covenant. Prayers are to be put up for ail in fu- 
 prcme authority, and thofeinlubordinate authoiity to them, 
 J Tim. ii. 1. 2. 4. which prayers are to be directed by 
 their circumftances. V/e are to pray for all paflors and 
 teachers, that God would fill them with his Spirit, and 
 make them powerful in their miniHry, and give unto all 
 his people pallors according to his own heart; for the u- 
 niverfifies and fchools, and religious feminaries for church 
 and common-wealth, that they may flouriOi more in learn- 
 ing and piety; for the particular city or congregation, that 
 God would pour out a blelling upon the minlllry of the 
 M'ord, facraments, and difcipline, upon the civil govern- 
 ment, and all the tamilies and perfons therein ; for mercy 
 to the afHidled in any inward or outward cifirefs; for fea- 
 
 M I fonabie 
 
84. GOVEHNMENTOFTHE Book If, 
 
 fonable weather, and fruitful feafons, as time may re- 
 c)uirc : i\r nvcrting judgements that we either feel or fear, 
 or arc liable unto, as faniinc. fword, peftilcnce, and fuch 
 like. To pray earneftly for his grace and effe<51:ual aflill- 
 fince to the fanf^ification of his holy Sabbath, the Lord'^ 
 day, in a!l the duces thereof that the Lord, \'. ho tcach- 
 eth to profit, would gracioufly pleafe to pour out the fp'^- 
 rit of grace, together with the outward means thereof, 
 caullng us to attain f ich a meafiire of the excellency of 
 the knowledge of Chrift Jefus our Lord, that we may ac- 
 count all things but as drofs in co.'.'parifon of him ; and 
 that we. tailing the firll- fruits of the glory to come, may 
 long for a niorc full and perfe£l communion with him. 
 That God wo ild in a fpecial manner furniili his fervant 
 110W called to difpenfc the bread of life unto his houfe- 
 ho:d, with wi(d()m, fiJcl'ty. /e. 1, and utterance, that he 
 may divide the w rd of God aright, to every one his por- 
 tion, in evidence and demondration of the Spirit and 
 Power, and that the Lord would circuincife the e:irs and 
 hearts of the hearers to hear in love, and receive with 
 iTieeN;ne(s the ingrafted word, (frenothcn them againfl: the 
 temptations of Satan, the cares of the world, the hardnefs 
 cf their own hearts, and whatfoever elfe may hinder their 
 profitable and faving hearing 
 ruMic prayer ^23 i he lermon beinp: ended, the minifler is to give 
 alter lermon. ji^^,^]^^ f^P ^jig g^g^^ j^y^ ^f Q^^^^ jj^ fending of his Son 
 
 Jefus Chrift unto us, for the communication of his Holy 
 Spirit, for the light and liberty of the glorious gofpel, for 
 the adniirable goodnels of God, in freeing th- land from 
 Antichriftian darknefs and tyran' y, for the reformation of 
 religion, and many temporal bleiTmgs : and to pray for the 
 continuance of the golpel, and all ordinances thereof in 
 their purify, power, and liberty : and to turn iome of the 
 mofl ufeful iicads of the frmon into fbme few petitions, 
 and to pray that it may abide in the heart, and bring forth 
 fruit i I the life and converfation. To pray for prepara- 
 tion lor death and judgeitient, and a warchin,";; for the co- 
 ming of our Lord Jefus Cliriil ; to inrreat of God the for- 
 give, lefs of the iniquity oi our hoi}' things, and the ac- 
 ceptation of our ij'iritual facrific. , thror.g' the merit and 
 mtd ario!) of our great liigh Piiell and Saviour, the Lord 
 Jefus Chriif. 
 
 §24. 
 
Tit. I. Church OF Scotland. 85 
 
 § 24. Notvviihftanding of the above Direftory for pu- The meaning 
 blic prayers, the miniO.er may (as in prudence he fllall ^ Direc- 
 fee meet) make u(e of fome parr of thefe petitions after 
 the fermon, or he may oi^er up to God fome of the 
 thankfgivings in his prayer before fermon. 
 
 § 2i, By the aft of Alfembly, Augiift 6. 1649, their of finging of 
 commidion being mnpowered to emit the paraphrafe of the pfalms, an4 
 pfalms, and eftablifh the fame for pubfic ufe, they did ac- the authority 
 cordinglv conclude and eftablifli the paraphrafe of the ^^ theprefent 
 
 ri '• r 4 ■ u- 1 1 r 1 r paraphrafe. 
 
 pii^.lms m metre, now uled m this church, aher the prei- 
 
 byteries had fent their animadverfions thereupon. 
 
 § 26 it was the ancient practice of the church, as it is Singingisnot 
 yet of fome reformed churches abroad, for the minirteror ^'^ bemter- 
 precentor to read over as much of the pfahii in metre to- ^^f. p-r^thc 
 gether, as was intended to be fung at once, and then the jjue, 
 harmony and mcl dy followed without interruption, and 
 people did either learn to read, or get moft of the pfalms by 
 heart ; but afterwards, it being found, that when a new pa- 
 r.-.phrafs of the pfalms was appointed, it couid not at firdbe 
 foeafy for the people to follow, then it became cuflomary 
 that each tine was read by itfelf, and then fung : But now, 
 having for fo long time made ufe of this paraphrafe, and 
 the number of thofe who can read being increafed, it is but 
 reafonable that the ancient cuftom fliould be revived, ac- 
 cording t.) vi'hat is infinuated by the Dircftory on thi^ fub- 
 jcft And that fuch who cannot read may know what 
 pfalms to get by heart, let (lich be affixed on fome confpi- 
 cuous pari of the pulpit as are to be fung in public ar next 
 meetin'7 of the con^retiation. It were to be wifned that 
 maftci s of families would path the way for the more eafy 
 introducing of our former praftice, by reviving and obfer- 
 ving the fame in their family-worlhip. 
 
 § 27. ;n the ^bth feff of All mbly 1648, there is an Scriptur^- 
 s6t i&r exainining the labours of Mr Zachary Boyd, upon ^"""S! ^^ ^* 
 the other fcripture-fongs ; and by Aflembly tyoo, felf 4. "jes and m-e- 
 thc (cripture-fongs by Mr Patrick Sympfon, miniilcr at pared for pu- 
 Reijfrevv, are recommended to be ufed in private families ; blic ufe. 
 and in order to prepare them for the public ufe of the 
 church, this was renewed in Ailembly 1707 ; and by the 
 13th act of Aflembly J708, iheir commifTion is inflruftcd 
 and appointed to confider the printed ver/ion of the Icrip- 
 ture-iongs, with the reir.arks of presbyteries thereupon; and 
 
 after 
 
S6 Government of the Book II. 
 
 after examination thereof, they are authorifed and impower- 
 ed to conclude and emit the lame, for the public ufe of the 
 church. The prefent vcrfion of the pfalms having been 
 ordered in the fame manner in the year 1649, 
 The <5e(!"Ti $ "2^ Though a beHcver be afflidted, yet he is to fing, 
 
 and intention fincc it is fuch a duty as prayer is, as it tcndcch to cheer the 
 of the foul in foul's difpofition, and to fweetcn and mitigate the crofs un- 
 linging. jgj. jf^ Complaints of our fin and failings may be mourn- 
 
 ful fongs ; and bccaufe God hath redeemed, pardoned, and 
 comforted others, therefore we are to rejoice in the hope 
 and defires of the fame to ourfclvcs. Though the fub- 
 jc<5l of a fong dotli not always quadrate with our cafe, yet, 
 unto a judicious attentive perfon, there is always fome attri- 
 bute of God, fome providence, or word of his, in that very 
 fubje£l to be praifed. In the imprecatory pfalms, we fing 
 to the praife of divine juftice, againll the malicious enemies 
 of his church, like unto thefc that the Pfalmilt did aim a- 
 gainft. 
 Minifrerial §2g. The minifter ufeth to difir/ifs the congregation with 
 
 benediiftion. g^ folemn blelfing, or prayer to God for them, which ordi- 
 narily is in thefe or the like words: " 2 Cor. xiii 14. 
 *' 1 he grace of the Lord Jefus Chrill:, the love of God the 
 *' Father, and the communion of the Holy Ghod, be with 
 " you d.\\, Anitn •.''^ But v/hen probationers for the mini- 
 fVry are preaching, tliey ufe to pronounce the blcffing wiih 
 this variation : inftcad of " be with you," the}' fay, " be 
 *' with us," And the moderators of General AlTemblies 
 obferve the fame (lile in pronouncing of the blelling at 
 their dillblution: Yet, leeingno miniftcr of a congregation 
 doth put up that public prayer alone, it would tlicrefore 
 feem, it fhould always run in the ordinary ftile of other con- 
 gregational petitions, viz. ** be with us." 
 Bcv/mginthe ^ ^q^ Ivlinifters their bowing in the pulpit, though a law- 
 FalJufid-^'' ful cuflom, is hereafter to 6e laid a(ide, for fatisfaaion of 
 thedelires of the fynod of England, February 7. 1645, 
 
 TITLE 
 
Tit. 2, Church of Scotland, 87 
 
 T I T L E IT. 
 
 OfFaraihjWorpp. 
 
 § ». "OYa£l of Affembly Anguft 24.. xGaJ, revived Af- Habitual ne- 
 
 ^ fembly 1094., they approve of the following gle*^ors of 
 rules and directions for private and fecrec worlhip, and mu-*^™ y-woi- 
 
 , , ., . ~ 1 -n • . . . ^ . j^i^'jp cenfura- 
 
 tunl cdincntion, ror cheruhng piety, maintaining unity, anai^ig^jyTufpen- 
 
 avoiding fchifni and divifion ; and n^.iniflers and ruling elders fion from the 
 
 are required to make diligent feach in the congregation. Lord's table, 
 
 whether there be among them any family which neglefis to 
 
 perform family worfnip ; and if any Hich be found, the 
 
 head of the family is firlt to be admonilhed privately to a- 
 
 mend his fault ; and in cafe of his continuance therein, he is 
 
 to be gravely reproved by the feffion ; afrer which rcproor, 
 
 if he be found ftill to ncgle£t family-worlhip, let him be 
 
 fufpended from the Lord's Supper. 
 
 § 2 The head of every family is to have a care, that Secret wor- 
 both themfelves, and all within their charge, be daily dili-fliip to be 
 gent in performing of fecret worihip, and be given to prayer pertormeci. 
 and meditation. 
 
 § 3 The ordinary duties of families convened for the what fanily 
 cxercifc of piety are thefe, ifl, Prayer and praifes; next, worlhip is. 
 reading of the fcriptures, with catechifing in a plain way 
 together, with godly conferences ; as alio admonitions and 
 rebukes upon juft reafons. 
 
 § 4. The matter of a family, though of the befl quali- ^c^^ii^g^^ 
 
 fications, is not to take on him to interpret the fcriptures ; the fcnptures 
 
 J., , , , ,r ^ 1 , ' to be impro- 
 
 yet It IS commendible, that, by way ot conrerence, they yo^ \^ family 
 
 make fbme good life of what hath been read and heard, conference. 
 As for example, if any fin be reproved in the v.'ord read, 
 life may be made thereof, to make all the family circum- 
 i\>&di and watchful againO: the fame ; or, if any judgement 
 be threatened, or mentioned to have been inflifted in that 
 portion of fcripture which is read, life may be made, to 
 make all the family fear, leaft the fame or a worfe judge- 
 ment befal them, uniefs they beware of the fin^ that pro- 
 cured it. And finally, if any duty be required, or com- 
 fort held forth in a promife, ufe may be made to (iir up 
 themfelves to implore Chrifl for ftrength to enable them 
 for doing commanded duty, and to apply the oifered com- 
 fort. 
 
5jB Government of the Book II. 
 
 fort. In all which the maftcr of the family is to have the 
 chief hand, and any member of the family may propounci 
 a qucftion or doubt for rcfoliuion. 
 Chaplain?, § -. Perfons of quality are allowed to entertain one ap- 
 
 theirufe and proved by the presbytery, for perforrr/mg the worlliip of 
 *"^* God' in their families. And in other families where the 
 
 l^ead is unfit, one conftanily reading in the iamily, and 
 approved by the minifler and fclTjon maybe employed a 
 that fervice: yet it was never the mind of rhe church, 
 that perfons of quality fhould lay their famil.-worfliip 
 entirely upon their chaplains, and never perform it in their 
 own perfons, as appears from the folemn acknowledge- 
 ment of fins, where they confefs. the isnorance of God 
 and of his Son prevails 'xceedingly in the land ; thegreatelt 
 part of matters of fam lies amongft noblemen, barons, 
 gentlemen, burgeffes, and commons, negk<5l to fek God 
 in thtir families, and to endeavour the reformation there- 
 of; and albeit it hath been much prefled, 5'et few of our 
 nobles and great ones ever to this day could be perfuaded 
 to perfo. m family duties themfJvcs, and in th. irovvn 
 perfons. which makes fo nccefJary and ufeful a duty to 
 be mifrcgardcd by others of inferior rank ; nay, many of 
 the nobility, gentry, and barons, whofliould hav. been ex- 
 amples of godiincis and fober walking unto others, have 
 been ring leaders of excefs and rioting. 
 No mere § ^- Confidering that perfons aiming at divifion maybe 
 
 ftrangcrto ready to creep into houfes, and lead captive filly and un- 
 periorm fa- ftable fouls ; for preventing whereof, no idler who hath 
 mUyworihip. j^q particular calling, or vagrant perfon, under pretence of. 
 a calling, is to be fuffered to perform worfliip in families. 
 1 he not obfcrving of this direftion hath ' een of fad con- 
 fequence to fome families in this land in late times. Nei- 
 ther are perfons from divers families to be invited or ad- 
 mitted into family-worfliip, unlef? it be thefe who are 
 lodged with them or at meat, or othervvays with them upon 
 fome lawful occafion. ' 
 - ^ § 7. So many as can conceive prayer ought to make ufe 
 prayer, inca- ^f that gift of God, albeit thofe v/ho are rude and v.'eaker 
 fes of necef- may begin with a fetform of prayer, but fo as they be not 
 fity, allowed, fluggifli in flirring up in themfeives the fpirit of prayer, 
 which is given to all the children of God in fome mealure, 
 - - ■ y. Let 
 
Tit. 2. Church OF Scotland. 89 
 
 § 8. Let them confefs to God how unworthy tlicy are Materials for 
 to come in his prefence, and how unfit to worfhip his fvh- family prayer 
 jelly, and therefore earnclHv alkof God the fpiritof pray- 
 er. They are to confefs their (ins, and the (ins of the fa- 
 mily, accufing, judging, and condemning themfelves for 
 them, till they bring their fouls to fome meafure of true 
 humiliation ; they are to pour out their fouls to God, in 
 the name of Ch rift, by the Spirit, for forgivenef of (ins, 
 for grace to repent, to believe, and to live loberly, rightc- 
 cufly, and godly, and that they may fcrve God with joy 
 and delight, walking before him ; they aie to give thanks 
 to .God for his many mercies to his people and to them- 
 felves, and efpecially for his love in Girift, and for the 
 Jight of the gofpel ; they are to pray for fuch particular 
 benefits, fpiritual and temporal, as they Hand in need of 
 for the time ; they ought to pray for the church of Chrift 
 in general, for all the reformed churches, and for this 
 church in particular, and for all that fuffer for the name of 
 Chrift, for all fuperiors, for the Queen's majefty, and in- 
 ferior magistrates ; for the magiftrates, miniftcrs, and whole 
 body of the congregation ; and for their neighbours abfent 
 about their lawful affairs, and for thefe that are at home. 
 The prayer mav be ciofcd with an earned deflre rhat 
 God may be glorified in the coming of the kingdom of his 
 Son, and tha: what they have aikcd according to his Vv- ill 
 ip.ay be done 
 
 § '.). Extraordinary duties both of humiliation and thankf- \ , T^y. 
 giviiig are to be carefully performed in families, when the ^^y^ iiffanu- 
 Lord, by extraordinary occauons, private or publ.c, calfevh Iks. 
 for them. 
 
 ^ io. Psrfbns of divers families being abroad upon their Traveacrs 
 
 . . Of are to wor- 
 
 particLilar vocations, or any neceilary occafions, are ro take i]^:,, top-ether 
 
 care that the duties of prayer and thankigiving be perform- 
 ed by fuch as the company fhall judge fittcft 
 
 § J I. By an a(51: of AfTembly 1097, fell 5. fuch elders Clwrch office 
 
 and deacons as obuinaccly 'refufc or ne2le6f famiiy-wor- /^'^r'j *^"i,f 
 n • I 1 r 1 1 • i^- \ ] depoled who 
 
 ii-\\v> by themfelves, or others appointed ror that end, arc ncgleft faini- 
 
 to be removed from their ofncc. ly-worlhip. 
 
 N TITLE 
 
go Government of the Book II. 
 
 TITLE III. 
 
 Of Baft if fn. 
 
 V/hntbflp- § '• "OAptism is a facrament of the New TeHament, 
 tifni is. -"--^ wherein Chrill: hath ordained the wafhing vvirh 
 
 vva^er if! the name of the Father, Son, and Holy G hod, 
 to be a (ign and feal of ingrafting into himfclf, and of par- 
 taking of the bencfirs of the covenant of grace, and where- 
 by the parlies haptifcd are folemnly admitted into the vi- 
 (ibie church, .-ind enter into an open and profefled engage- 
 ment to be only and wholly the Lord's. 
 Andtovbom § 2. The viiible church, which is ctitholic or nniverfal 
 lobe admini- iinjtjr the go^nd. confills of all thefe throughout the 
 -eiea, world ihat profcfs the true religion, together with their 
 
 children: and bapiifm is not to be adminiitcred to any that 
 are out of the fame, they being Hrangers to the covenant 
 of promife, till they profefs their faith in Chrift, and obe- 
 dience to him : But infants defcending from parents, either 
 both, or but one of them, profefling faith in Chrifl:, and o- 
 bcdience to him, are in that refpe6t within the covenant, 
 and to be baptifed. The Directory for worfiiip fays, 
 that children of profcfTing parents are Chriftians, and fe- 
 derally holy before baptifm, and therefore are they bap- 
 tifed ; for their baptifm fuppofcth thtm to be church* 
 members, and doth not make or conflitute them fuch : 
 And therefore the praftice of denying burial among Chri- 
 Aians unto cliildren unbaptifed is unagreeable to this doc- 
 trine, and is moir nnwairantable: If we confider, that the 
 facramcnts are ordinances to be adminidered in the church, 
 and to the church, ihey nccefrarily fuppofe the pre exiil- 
 cnce of a churchy and the child's previous right ot that feal. 
 The emzizc- § i-^J ^^^^t covenant, whereof baptifm is a feal, the 
 jTient of pa- Lord proniifcth to be our God, and we are in his promifcd 
 rents m bap- ({rencth to engage to be his people; \s ITich engagement, 
 
 .i,»;,,i -lA though Chrifiiun infants be not capable to come under of 
 their cniidrcn , ^;^ , r i. i , •* • • . • 
 
 tnemlclves rormaily; yet, by their parents vowing m their 
 
 name and Head, they do thereby become abfolutely bound 
 
 to the performance thereof, becaufc their obligation and 
 
 duty to be the Lord's were fuppofed, and previous unto 
 
 their being baptifvd. 
 
 § 4. ^Vhen 
 
Tit. 3. Church o f S c o t l a n d. 91 
 
 §4. W! 
 anoihcr fpc 
 Jous and 
 
 are none of Chrit's, and for which they may merit the fary, 
 higheft coifiircs of the church, if noriuevented by eviden- 
 ces of their (incere repentance : In that cafci to tellify that 
 it doth not appear that the children have any right unto the 
 privilege of that feaHng ordinance through their immediate 
 parents; and that they may, nctvvithftanding, have a rigb.t 
 thereto by their more rem.ote parents, it is ncccflary tliat a 
 fponfor prcfent the children, and engage for then). The 
 parent is to be required to provide iome ht perf in, and, \l 
 ]t can be, one related as a parent to the child fliould be 
 fponfor. Yet it feems igEorant parents are to be admitted 
 to prefent their children; foi:, by aft of Airembiy 1048, 
 feff 38. a!t. 3. of domeflic remedies of the fins of the land, 
 this is one, that pcrfons to be married, anxi who have chd- 
 drcn to be baptifed, who are very rnde and ignorant, be 
 flirrcd up and exhorted, as at all times.Jo efpecially at that 
 time, to attain fome meafureof Chrilfian knowledge in the 
 grounds of religion, that they may give to the mimfier, be- 
 fore the elder of the bounds where they live, fome ac- 
 count of their knowledge, that fo they may the better 
 teach their family, and train up their children. 
 
 § 5. in cafe of children expofed, whofj bapfifin, after Vvl'^-nthe 
 inquiry, cannot be known, the fclfinn is to order the pre- '^■-'>^'^- faowi-i 
 
 Tenting of the child tobaptifm, and the leiTion itfeif is to '*" '^ ^" 
 
 fee to the Chriilian education of the child : As alfo, when 
 fcandalous parents cannot prevail with any ft pcrfon, or 
 rather relation, to prefent the. child in their name, or wheit 
 the relations of deccafed parents rcfufe ro become their 
 fponfor?, the fcfliou then is to otder as is (aid. The ma- 
 giflrate is to take care that expofed infants be maintained^ 
 by laying the expences thereof upon the parifli proportion- 
 ally. ]>y the 84th canon, con. 6. inTruIio, " Canonicas 
 *' patrum leges fcqucntcs, dc infantibus quoque decerni- 
 mus, qunties non inveiiiuntur iirnii teflesqui cos abfque 
 iilla dubitatione baj^tiiatos eife dicanc, nee ipli, proj-.ter 
 cetatem de libi tradito myftcrio apte refponderc podint, 
 deberc ablquc ulla oiTenfione bapvifari.'' 
 § 6. by the 4th article, cap. i :. of the French ch.nrch- 
 dikiplin.', ilie children cf father: and motlicti; of the Ro- 
 N2 milh 
 
02 Government of the Book IT. 
 
 bnptifm not mifli church, and of excommunicared perfons, cannot be 
 
 to he impo- adrnitted into the clnirch, though they were prefented by 
 
 ""'j f-if^^^ believing fponfors, iinlefs their fathers and mothers confent 
 and ci«alihca- • t } ^ • • • • i • i i- i /• 
 
 lions of a ^^ *^ and defire it, in qiiiting and yielding up to the Ipon- 
 
 Jponior. fors their right as to intirufting them ; for baptifm being a 
 
 privilege and benefit, it is not to be impofed, nor children 
 baptifed againft their parents will, into a communion 
 whereof they are not members : hence the cuftom of the 
 church, at adminiMering oFbaptif-n, is to alii the parent or 
 I'ponfor, if they prefent that child to be baptifed? to which 
 they declare their willingnefs, by iheir anlw« ring affirma- 
 tively. By the loth acl of the faid i ith chapter, thcfe 
 who prefent children to be baptifed, mult be, at leaR, four- 
 teen years of age, having received the facramcnt of the 
 Lord's Supper; and if they have not, that they proniife' 
 faithfully to ufe their endeavours to prepare for it. 
 TJ)eufe,end, ^ y When fingle perfons or families remove unto other 
 teFunonials congregations, they cannot regularly there be admitted un- 
 to the benefit of the facraments for thcmfelves or children, 
 till they produce a declaration of the church from which 
 they came, teilifying them to be free of any known fcan- 
 dal, oiherways thefe holy things may be profaned, con- 
 tniry unto that church practice and precept facra facris; 
 of which teltimonials there fi-jould a regilier be kept, and 
 they run in this form: "Thefe are to teftify, that the 
 *' bearer hereof hath lived in this parifh of 
 
 " preceeding hil bypail; during 
 
 " which (pace he behaved himfelf civilly and honeftl}'-, 
 *' free of all church cenfure, or public fcandal known ta 
 " us. This given by command of the kirk felTion of the 
 *' faid p/arifh. At the day of 
 
 " years, by A. IV fefllon-clerk." 
 Tlieir Im- § y. This tefiimonial imports, that the perfbn attefled 
 
 port,nndho\y is not per famam clnmojam, or notourly (candalous, through 
 and why cil- gpj.Qp ^j. jiiimoralitv : but it doth not fnnpofe him to have 
 lerent Ircm / r i i i r . • i r 
 
 teiliinonials ^ comj^.etent mealure ot knowledge, for that is left to the 
 
 in order to trial and inquiry of the church, to which he ("eeks to be 
 the Lord's added as a meir.ber, therefore their judgement is never an- 
 Supper. tlcipatc by any fuch claufe, unlcfs in teltimonials for per- 
 
 fons defiring the benelit of the Lord's Supper in another 
 parifh, where the paitor thereof cannot then get lime to ex- 
 amine ail Urangcrs, Ic is ti ue, when mens lives and mea- 
 
 fure 
 
Tit. 3. Church of Scotland. 93 
 
 fiire of knowledge are generally believed to be good and * 
 
 competent, this order as to fuch, may be difpenfed with ; 
 yet it were to be wiflied, that even thofe would obferve it, 
 and not give occafion to others, not fo good or know- 
 ing, to be angry, when they are re(tri£ted or obliged unta 
 it. 
 
 § 9. In the baptifmnl engagement, the parent, or fpon- ^°^'"i of bap^ 
 for, is, in name of the child, to renounce the devil and all *' ™^ ^"" 
 
 0*3. o' cm cut 
 
 his works, the vain pomp and glory of this wicked v/orld, ^ ^ 
 and all the finful lulb of the flcili. He is to promifj to 
 bring up the child in the knowledge of the grounds of the 
 Chrillian religion, as they are contained in the lioly fcrip- 
 tiires of the Old and New Teflament; and, laflly, he is 
 to bring up the child in that holy life and pra£lice which 
 God hath commanded in his word. The engagements to 
 be given in name of children at baptifm, fhould be expreft 
 in thefe or the like general terms, conform to the Direftory 
 for worihip, approven by the General Adembly, 7th Feb. 
 1645. 'i'"'^ '^"^ obfervation whereof is feriouily recom- 
 mended by the loth a£l: of Affembly 1705. 
 
 § 10. The facrament of baptifm is to be adminiftrate j^^ £ P 
 in the face of the congregation after fermon, and before miniih-ation 
 pronouncing of the blelling, (fee a(5t of Aflem. Feb. 7. of baptifm 
 1 645.) The child to be baptifed, after notice given to the ^"dthe pray- 
 minifter the day before, is to be prefented, the paftor re- 
 V ;aining in the fame place where he hath preached, and 
 having water provided in a large bafon ; lie is before bap- 
 tifm to ufe fome words of inftru6lion, touching the author, 
 inftirution, nature, ufe, and end of this facrament : he is 
 alio to admonifii all that are prefent to repent of their fins 
 againfl: their covenant with God, and to improve and 
 make the right ufe of their baptifm : next, the parent, or 
 fponfor, is to be exhorted to order his converfation aright, 
 and walk circumfpec^Iy ; when he is to be engaged in the 
 words of the form above. This being done, prayer is al- 
 fo to be joined with the v/crd of inititution, for fan£iify- 
 iug [he Water to this fpiritual ufe. The prayer is to 
 this or the like elTetSi:, that the Lord, who hath not lefc 
 us as Grangers wjti.out the covenant of promife, but cal- 
 led us to the privileges of his ordinances, would graciouf- 
 ly vouchfafe to fanclify and blefs his own ordinance of 
 baptifm at this time : that he v/ould join the inward bap- 
 tifm 
 
94 Government OFTHE Book II. 
 
 tifm of his fpirit with the outward bapti'^m of water ; 
 make this baptifm to tliis infant a feal of adoption, rege- 
 neration, and eternal life, and of all other promifes of the 
 Covenant of Grace; that the child may be planted in the 
 likenefs of the death and refurrection of ChriR, and that 
 the body of fin being deilroyed in him, he may fcrvc 
 God in newnefs of life all his days. Then the minilier 
 is to demand the name of the child, which being told him, 
 he is to fay (calling the child by his rame) "• 1 bapti(e 
 *' thee in the name of the Father, of the Son, and of the 
 ** Holy Ghoit." As he pronoiinccth thcfc words, he is 
 to baptife the child with water, which, for the manner of 
 doing, it is not only lawful but fuilicicnr, and molt expe- 
 dient, to bs by pouring or fpnnkling of the water on the 
 face of the ch.ild, without adding any other ceremony. 
 This done, he is to give thanks and pray to this or the 
 like purpofe; acknowledging, with all thankfulnefs, that 
 the Lord is true and faithful in keeping covenant and 
 mercy; that he is good and gracious, nor only that he 
 numbererh us among his f;.ints, but is pleafed alfo to be- 
 fiow upon our children this fingular token and badge of 
 his love in Chrifl •, that in his truth and fpecial Providence, 
 he daily bringeth fome into the bofbm of his church, to 
 be partakers of his ineftimable benefits purchafed by the 
 blood of his dear Son, for the continuance and increafe of 
 his church ; and praying, that the Lord would ilill con- 
 tinue and daily confirm more and more this his unfpeak- 
 able favour; that he would receive the infant now bapti- 
 {ed, and folemnly entered into the houfehold of faith, in- 
 to his fatherly tuition and defence, and remember him 
 with the favour he fheweth unto his people ; that if he 
 fliall be taken out of th.s life in his infancy, the Lord, 
 who is rich in mercy, would be pleafed to receive him 
 up into glory, and if he live and attain the years of dif- 
 cretion, that tlie Lord would fb teach him by his Word 
 and Spirit, and make his baptifiii effe^ual to him, and 
 fo uphold him by his divine power and grace, that by 
 faith he may prevail againd the devil, the world, and 
 the fiefn ; till in the end he obtain a full and final vic- 
 tory, and ib be kept by the power of God through 
 faith unto falvation, through Jefus Chriit ou r Lord. 
 
 § n.. By 
 
Tit. 3- Church of Scotland. gs 
 
 $ II. By the 14th article, chap i i. of the French Minifters are 
 church difcipline, mini(krs Ihail rejea: names given to ^^^j^*-'^ ^"" 
 children, rhat favour of ancient raganiim, Inch as JJiana, ^^ children, 
 and the like ; and the names atcribnted to God, fuch as 
 Kramanual, and the like, but the names of holy men and 
 women in I'cripture are to be cholen, 
 
 § 12. By the joth aft of Affembly 1690, they confi- Private ufc 
 derin^, that the parties receiving the facraments are fo- of facraments 
 leinniy devoted and engaged to God before angels and condemned, 
 men, and are folemnly received as members of the church, 
 and do entertain communion with her ; and that by for- 
 mer afts, viz. Deccn-)ber ic. '6^8, and Feb. 7. 1645, 
 the private ufe of them hath been condemned : as alio, 
 that by allowing the private ufe of the fame in pretended 
 cafes of neceffiiy, the iuperftiiious opinion is nourillied, 
 tliat ihey are neceflary unto fnlvation, not only as com- 
 manded duties, but as micans without v/hich falvation can- 
 not be attained, therefore they di (charge the adminiflra- 
 tion of the Lord's Supper to fick perfons in their houfes, 
 and all other ufe of the fame, e>:cept in the public AC- 
 femblics of the church ; and alfo, they difcharge the ad- 
 n-jiniftration of baptifm in private, that is, in any place, or 
 at any tim.e, v.'hen the congre|7,ation is not orderly called 
 together to wait on the diipcnfing of the word, which is 
 agreeable to the Cth arcicle, chap. 11. of the French 
 chiirch-difcipline, and not to be diipenfed with, except in 
 times of perlecution ; a'ld when a child is baptifed in a 
 private honfe, as is ufcd in England, in that cafe the n,!- 
 niucr is to certify the congregation to which the child be- 
 longs, that the fame was baptifed by him, at fuch a time, 
 and in fuch a place, before divers witnefles. By the :^ift 
 can. cone. • 6. in Tridlo : *' CIcricos qui in oratoriis qu^ 
 *' fui.t intra domos facra faciunt vel baptizant hoc illius 
 " loci epifcopi fentcntia facere debere, decernimus. Qu;.- 
 " re fi quis clcr.cus hoc non fie fervavcrit, deponatur." 
 
 § 1:^. There is a rcgiltcr to be kept of the names of Rc^ifter of 
 all baptifed, and of their parents names and defignations, baptifm. 
 and of the time of their baptifm, and of the names of the 
 wirnciTes therao ; and of all illegitimate children their 
 names, and thcfc of their parents ihall be likewife infert : - 
 But vf fuch it is only faid, that they are not born in law- 
 ful marriage. When ic is an inceftuous child, it fliall 
 
 fufiice 
 
96 Government of the Book II. 
 
 fuffice to name the n, other, with the prclenter of the child, 
 that the reniembrance of fo heinous a fin may be extin- 
 gui filed. This is conform to the ic^th article of the fore- 
 laid I ith chapter. 
 Ba tifmtobe § ^ ^' i^^pt'^rn Is not to be adminftered but once unto 
 but once ad- any perfon. It is not the practice of the reformed church- 
 minillered. es to rc-baptilc thofc who were baptifed by the Popilli 
 clergy ; for they baptife with water in the name of tie 
 Father, Son, and Holy Ghoft, as we do But Quakers, 
 and others, who want this external feal of the Covenant 
 of Grace, though fuch fhould make profelfion of the true 
 faith, that facrament of baptifm doth remain to be admi- 
 nideied unto them, before they or their children can enjoy 
 the privileges of church -members. 
 Hr who bap- § '5- Neither of the facraments may be difpenfed by 
 tircthmullbe any but a minilter of the word, lawfully ordained, faith 
 ordained and qu,- ConfefTion of Faith, Cap 27 art. H ; and perlons are 
 l^iv.vfully call- ^^ ^^ baptifed by a minifler of the golpel lawfully cal- 
 led thereunto, according to art. 2. cap. iS, Our law 
 makes infeftments void and null, where they are not gi- 
 ven by fuch as it appoints and authorifeth to give them : 
 thus are all infeftments in royal burghs, not given by 
 fome of the magiftrates or clerks thereof Yet baptifm, 
 when it is adminiftercd by a perfon, whofe ordination and 
 call is not agreeable to the principles, conflirutions, and 
 practice of this church, the eflentiais of the facrament 
 being oblerved, that baptifm is efteemed as valid, though 
 not as lawful. And although the reformed chu chcs, (fo 
 far as I can learn) would inflift the higheft cenfure upon 
 women or laicks, as profaners and mockers of the holy ia- 
 craments, ifthev prefiimed to difpenfe them, and won Id 
 not have the leaft fcruple to baptile thofe on whom 
 they had wickedly ufurped a power to impole a mock 
 of it ; yet I find they have declined to detcrniir-e fo 
 clearly in the cafe of re-baptiiing of the fc v/]:o v/ere bap- 
 tifed by depofed miniilers ; which, J think, doiii not 
 proceed fo much from the want of a parity of rcafcn, 
 as it doth from the olfence, which may Joivietirnes be ta- 
 ken by a great part of a church, who do not undcrlland, 
 or arc nor fatisficd with the grounds of their dcpoHti. n, 
 or pcrhap'S may be alropether ignorant of their being de- 
 pofed: but when a depofed minifler huth lo liiilc intcr- 
 
r 
 
 Tit. 4. Church OF Scotland. 97 
 
 efl, and fo few followers, that he is efteemed by mofl:, 
 yea, by a vafl majority, to be lawfully depofed: in that 
 cafe it might give offence not to re-baptife a child who 
 was fo unlawfully baptifed. 
 
 T I T L E IV. 
 
 Of the Lord^s Supper. 
 
 § I. 'T^^HE Lord's Supper, fo called from the time of What the 
 
 ^ its inftitution and firil: celebration, is a lacra- Loril'sSuppei- 
 ment of the New Tedamenr, wherein, by giving and re- 
 ceiving bread and v^ine, according to the appointment of 
 Jefus Chriit, his death is fliewed forth, and they that 
 worthily communicate, not after a corporal and carnal 
 manner, but by faith feed upon his body and blood, to 
 their fpiritual nourifhment and growth in grace, have their 
 union and communion \\\i\\ him confirmed, teifify and 
 renew their thank fulnefs and engagements to God, and 
 their mutual love and fellowlliip each with another, as 
 members of the fame mylhcal body. 
 
 § 2, "hefe who are to be admitted to this facrament, Who may be 
 mufl be found to have a competent knowledge of the admitted 
 fundamentals of the Chrinian religion, and to be of fuch y;jioi;iot. 
 an inoffenfive walk and converfation, both towards God 
 and their neighbours, that they are not known to be guil- 
 ty of any fcandal that meriteth church-cenfure. by the 
 12th chap, of the French church difcipline, art. 2. perfons 
 fhall not be admitted to the Lord's vSupper, till they be 
 above twelve years of age. But I am fure, if children at 
 nine years of age can exprefs thenifelves pioufly and 
 knowingly, jQievving that they have the grace fignified 
 and proinifed, the feal of the promife cannot warrantably 
 be denied unto tiiem By the 6th art. of that chapter^ a 
 man that is deaf and dumb, fliewing Ins piety and religi- 
 on what he can, by evident ligns, tokens, and geltures, 
 may be admitted to partake, when by a long experience 
 of the hohnefs of his life, the church fliall perceive he 
 has faith, hy the 7 th art. thereof, the bread of the facra- 
 ment is to be adminiitered to thole who cannot drink wine, 
 they proteiling that it is not through contempt, and they 
 doing what they can towards it, by putting- the cup as near 
 
 O their 
 
9? Government of the Book II. 
 
 their mouth as they may do, to avoid giving any manner 
 of ofience. And by the icth art. of the fame 12th chapter, 
 they fay, in as much as fcveral fick perfons come to re- 
 cci\c this facrament, wliich gives occalion tliat fevcrals 
 make fcruple of drinking the wine after them, the paftors 
 and eklcrs Ihall be warned to take good heed that care 
 and prudence be u(ed in this matter; they may commu- 
 nicate lafh 
 Tliconmary ^ ^^ Ordinary bread is to be ufed ; and it is mod de- 
 beufcd mihe ^^"'^ ''• ^^ leavtncd wheat bread. Any kind of wine hiay 
 Lord's b>up- be ufed in the Lord's Sup|jer, yet wine of a red colour 
 er, fcemcth moll: fuitable. In cafe a fociety of Chrillians 
 
 Ihould want the fruits of the vine of all forts, 1 cannot 
 think but it m;ght be fupplied by fome compofure as 
 like unto it as could be made : and if any church labour- 
 ed under that invincible necefluy, were it not fifer for 
 them to interpret that as a call and warrant to communi- 
 cate, though wanting the fruit of t!ic vine, than to conltrucl 
 it an authorifmg iheni in a perpetual neglect of that fa- 
 crament ? 
 Communi- § 4. When the admiffion of thefe who are allowed to 
 
 cinis to be partake of the Lord's Supper, is once recorded by a fen- 
 ff'^"; ,r ''^ tcnce of the church (eflion, which is to proceed either un- 
 order and ^^^ the minilter's examining of the parties in their prefence, 
 admitted by or at leaft of two OF three of the elders, that fo the relt 
 -..'icirfcntencc j-,-;ay p-fg fj-jej,- (entence on their tcflimony and report ; in 
 ** " that cafe there will never be any necelhty of coming af- 
 
 terwards to minifters and elders for re-admilfion, unlefs 
 by after-lcandal they be judicially fufpended from that 
 privilege. See the vindication of prefbvterial government, 
 printed at London 1639, page 143. See § 6. and 16. of 
 this title. 
 How Aran- § 5. When the facrament of the Lords Supper is to be 
 ^;ers art- ad- celebrated in a neighbouring coi:>gregation, who have not 
 ""d^ h ^^ leifure, and whofe work is not to exaniine Grangers, (as a- 
 wUhout tdll- l-'^ovc) the miniller, or any two ciders in his abfence, may 
 iiionials. give tellimonials, yea, fhould give to any of their pariila 
 who communicate ordinarily at their own parifli church, 
 and are without fcandal in their life for the time, who arc 
 thereupon to be admitted ex dehitc^ and by reafon of the 
 communion of faints. But this is not to prejudge the ad- 
 lTiil]ion of any honcft pcrfon, vvho occa{iona-ly is in the 
 
 place 
 
Tit. 4« Church of Scotland. $9 
 
 place where rhe communion is celebrate, or fuch as by 
 deiith or abfence oF their own minider or elders, could 
 not have a tellimonial, A£t of AITembly Feb. 7. 1645, 
 art. 12. about uniformity of worfliip. 
 
 § 6. By the i ith aft of Affembly 1706, it is recom- Mlniiiers lie- 
 mended to all minifters, to take as ftrift a trial as can be ha\ lour,crpe- 
 of fuch as they admit ro the Lord's Supper, efpeciaily be- <^i^% ^^'"^^ 
 fore their firll admiflion thereto, and that they diligently |^!J. Admitted! 
 inftruft them, particularly as to the Covenant of Grace, 
 and the nature and end of that ordinance as a feai thereof* 
 and charge upon their confciences the obligations they lie 
 under from their baptifmal covenant, and ferioufly exhort 
 them to renew the fame. This fully anfwers the end 
 that any Proteflant bilhop can have in minidering of con- 
 firmation, or laying on of hands upon thofe that are bap- 
 tilcd and come to years of difcretion : neither doth it fa- 
 vour of any fupcrffifion, or any fcandalous-like approach 
 to the Papiiis their confirmation (by chrifm on infants) for 
 the receiving of the Holy Ghoif, which is nothing elfe 
 but an audacious and appifli imitation of conveying mira- 
 culous operations by the apoftles hands. . 
 
 § 7. it is agreeable to the h\v of nature to feek and Performs gusl- 
 promotc the good of others, according to our ability and p^-jv-i^e fcan- 
 opportunity, by admonilhing them to forbear (in, and re- dais, how to 
 pent for it, Lev. xix.* 1 7. " Thou fhalt not hate thy bro- be admitted. 
 " ther in thy heart; thou flialt in any wi'e rebuke thy 
 " neighbour, and not fuffer (in upon him." See Matth. 
 xviii. 15. 1 (lippofe that the fovercigns on earth did pu- 
 blifli their intentions of pardoning all traitors, who lliould 
 exprefs their forrow and hatred at former treafons •, and as 
 a mean to reduce them to that happy temjper, had flric}:- 
 ly commanded and required all their good fubjefts, to 
 put them in mind of the ingratitude, folly, and danger 
 of their treafon ; would rot we conclude, that a neighboui* 
 feeing his fellow commit treafon, and not reproving hiin 
 therefor, did neither rcprd his fovercign's honour and 
 authority, nor yet valued his neighbour's happinefs ? how 
 much more julfly may our Lord and Saviour load and 
 charge church -rukrs with this (in, if they fail to perform 
 that duty, feeing he hath laid his fpecial commands upon 
 them to do it .? and therefore, if any elder or minilfcr, 
 fhali fuffer one vihom they know to be guilty of (bn)C 
 
 O z fcandalous 
 
100 
 
 Government of the Book II. 
 
 fcandaloiis or heinous fin though not public, to approach 
 unto the Lord's table, without fatisfying acknowledge- 
 ments made in private for it, they do thereby, for ought 
 they know, fufTer him to partake of that holy Supper with 
 unrcpented fin upon him. 
 Tcrfonswho ^ ^^ ^^ ^l^^j.^ ^^^ divers kind? of oood gifts, fo there 
 
 converic not •',. , ,^ \ ,. • V- i 
 
 tofretlier,how ^re divers degrees of them, according to which we may 
 
 to%e admit- and ought to love our neighbour, mor6 or lefs, becaufe 
 t(-'tl- v.-e are commanded to do good unto all men, botj with 
 
 our fpiriiual advice, and with our worldly goods, mini- 
 Itering to ihcir nccefllties, but efpccially unto them who 
 ore of the houfehold of faith, Gal. vi. ic. We are 
 bound to fliew our love to our enemies, by overco- 
 ming evil with good, Ro;r.. xii 2 . ; which is the way, 
 ]iot only to be even with them that wrong us, but to be 
 above them. Every m.an is called to provide for his 
 own, e{i)eci:dly for thofe of his own houfe, i Tim v. 
 J<. AVe are to have a natural afieftion for fuch as be 
 near to us in blood, and the want thereof is difcovered 
 by their want ofconverfe. The apodle, 1 Cor v. li. 
 forbids to keep company with fo re fcandalous perfons, 
 and admitting that precept to be prohibitive 0/ a civil in- 
 timacy, it holds as a flronger argument againft religious 
 communion with, or at leail: admilficn of them to fuch a 
 dilHnguifiiing ordinance. Solomon, Prov. x^ii. ^4 for- 
 bids us to go into the company of a furious man, and to 
 convcrfe frequently and familiarly with an angry m.an, 
 as friends ufe to do. So that, though there are common 
 offices duQ to all men, 3'et that diilin'iuifhing pra£t!ce of 
 friends in frequent converfing together, is free and opti- 
 onal, as the beflowing of gifts is. Indeed, when notour 
 icandalous breaches an\l differences do happen, in tliat cafe, 
 the parties fliould be obliged to a formal agreement, by 
 converling in prcfencc of thofe v/hofe work it is to com- 
 pofc fuch differences ; but even tlicn, they can be obli- 
 ged to continue in no more fVicndfhip than a common con- 
 ^erfe imports, cfpeciaiiy the lefed party. They may be 
 indeed both obliged to profefs a fincere reconciliation, 
 rhough not unto a familiar converfarion. But as to the 
 ufual convcrfe with ihofc of our houfehold and b!ood-re- 
 Jations, as hufband with wife, and father with children, 
 or the like^ it is agreeable both to the laws of nature and 
 
 interelK 
 
Tit. 4. Church of Scotland. ioi 
 
 intereft, firmly to preferve and perfevere in that. Where- 
 fore, upon the whole, where fuch near relations refiife u- 
 fual converfc with one another, or neighbours at variance, 
 fhall refufe to renew or continue a common converfe, in 
 that cafe neither of the guilty parties ought to be admit- 
 ted to the Lord's table. 
 
 § 9. Fama clamoja, publica ^ frequens, doth fupply Perfons fcan- 
 the part of 3n accufer, f > that any who lie under the lafh /-^ !*"^ ^^,^ 
 or inch reports, mult be lo rar irom bemg admitted to jjicfam, how 
 the Lord's table, or yet attefled of, as free of fcandal, to be admir- 
 thar they fliould be procefTed thereupon, and have the be- ^^^ or atteft- 
 nefit of neither, till^they juflify themfelves; fee tit. of ^ ' 
 vifiration of families. 
 
 § ; o. When one church government is eftablillied, if fi^^ ^^ ^^j. 
 the church fhall even then be fo unhappy as to be afflifted, niit thofe 
 with fcliifm from thofe who own the fame; in that cafe, ^ho take 
 there ought to be union and communion fought and ad- °'^^ ' ,^" , 
 mitred, notwithflanding failings and defefts of feveral iVom the 
 kinds, providing union and co''>"!munIon may be had with- church, 
 out accclTion to the guilt or defeds of others : that is, 
 without being obli^^ed to app-.ove of them, or condemn in 
 our own pradHce what we judged right, or that we be not 
 by any engagement retrained from a dut}'. indeed where 
 there is no union 'in church government, Mr Durham on 
 Scandal, chap 13. fays, he cannot, nor dares not oiTer 
 any direclions for making up an union here. As for al- 
 Iowin'.>- thefe who in their judgement differ about ch arch- 
 government to communicate with us, it Is fafer to allow 
 them to communicate with us, than for us to communicate 
 with them ; for by this way, they may be brought unto 
 us, and we out of hazard ol being led awny by them. But 
 ibr all this, fuch perfons are not to be admitted, if they be 
 in their pra<5lice culpable of any thing vwhich would juftly 
 keep back thofe of our own communion; that would be 
 truly a contracTting of too much guilt, for gaining of any 
 occafional profelyre or communicant. 
 
 §11. VV hen there hath been a great and general defec- How thefe 
 tion by a church and kmgdom, then the national Aflembly "^^^^^ areguil- 
 nfeth to appoint ." national faft and humiliation for thefe p'^^ "^tional 
 
 r c 1 n. i- r ,L M i ^ * i hns Ihould be 
 
 caules. bee the aa tor a talt November 1 2. 1690. And admitted. 
 
 whoever had been guilty or accefTory to the (ins and evils 
 
 thereiji acknowledged, if they joined in the public failing, 
 
 they 
 
102 
 
 Government of the Book ll. 
 
 How now- 
 coniinnni- 
 cants fliould 
 be treated. 
 
 The defign 
 and diilribu- 
 tion of tick- 
 
 Fencing and 
 opening ot 
 thctuUlcs. Its 
 ufe and cud. 
 
 they did thereby acknowledge the caiifes thereof to be juft 
 and true, and profefled their fbrrowand humiliation there- 
 for: wherewith the feflion ought to be latisfied, if they 
 lignify their meaning to have been fo, or that they judge 
 the caufes of the fart: true and relevant. 
 
 § 12 By the aft of AflembJy 3d Auguft 1642, evcy 
 preibytery is enjoined to proceed againfl: non-communi- 
 cants; and by the i uh art. cap. 1 2. of the French church- 
 difcipline, thefe who have been a long time in the church, 
 and will not communicate of the Lord's Supper, if they do 
 it through contempt, or for fear if being obliged to for- 
 Hike all manner of idolatry, after fevcral admonitions, they 
 lliall be CUE off' from the body of the church ; but if it be 
 through infirmity, they fliall be borne with for fome time, 
 until they can be eflablillicd. And by then6t of parliament 
 iCth James Yi. cap. 17. which is never yet refcinded, but 
 rather included in the acls made and ratified againft profane- 
 nefs : By it all men are to coriimunicare once a year, with- 
 out refpeft to the excufe of deadly feuds, under pecunial 
 pains, according to the quahry of the tranfgreflors. This 
 aft is ratified by the parliament 1641. Though people 
 ought not, nor cannot, be compelled to communicate, yet 
 non-communicating, not being a matter indifferent, but 
 a palpable difobedicncc to God's voice in the gofpel, (Luke 
 xxii. I 9.) I hey ought to account for that fcandalous neglcft 
 and intermiffion, before they be of new admitted. 
 
 § 1:}. None rauft prefume to fit down at the Lord's 
 table but fuch are admitted according to order, except thofe 
 whofe fitnefs is unquefiioned and notour. Each perfon, 
 before communicating, doth deliver the parifli lead ticket, 
 when fought for, to one of the elders or deacons when fit- 
 ting at the table: but it were fafer to demand thcle war- 
 rants or tokens at their entry to the tables ; for a perfon un- 
 warily or defignedly approaching to the table without a 
 token, may, with le(s obfervation or offence, be thus kept 
 from it, than railed from it. Thefe tickets are dirtributed 
 by the feffion, or members thereof, by their allowance, to 
 fuch as they have admitted, or know to be lawfully attell- 
 ed from other pariAies. 
 
 § 14. The miniftcr and feffion havirg, according to the 
 rules of difcipline, admitted unto, or debarred perfois from 
 the Lord's table, the paftcr doth now, immediately before 
 
 he 
 
Tit. 4. Church of Scotland. 103 
 
 he read the words of inftitution, doflr'mally debar from, and 
 inviteth all unto the liOrd's table, according to the (late and 
 condition they really are in. If there has been an un- 
 exaftnefs or omKTion in the exercife of difcipline, through 
 which fome are admitted whom the word of God forbids 
 to approach on their peril, this doctrinal debarring may 
 fear fuch from partaking: but if there hath been an im- 
 prudent and uncharitble exercife of difcipline, in debar- , 
 ing of i'cnQ wronguoi.iily, then the pallor's doflrinal open- 
 ing of the tables, and inviting fuch from the word of God 
 to approach, although debared by the key of difcipline, 
 may ncverthelefs comfort thcmfelves in the Lord, who 
 will be a little fancluary unto them who are thus roughly 
 iind indifcreecly treated by the watchmen. From all which 
 we may gather, that it is fafer to err on the right hand of 
 charity, than on the left hand of flridlnefs and feverity : 
 1 he civil law gives this rule, " Semper in dubiis benig- 
 *''■ niora prcefcrcnda font." 
 
 § 15. It is i'o far iVom being a warrant, and fatisfying Secret prepa- 
 re a man's confcience, for approaching the Lord's table, i"ation. 
 becaufe the difcipline of the church admits him, that even 
 a m.an habitually gracious and prepared, will not for ordi- 
 nary adventure co approach it, except he hath made con- 
 fcience of getting himfelf actually prepared, and his graces 
 put in exercife, and fet apart fome confiderable time for 
 that purpofe, 
 
 § i 6. 'Hy the a6l of Aflembly 7 th February 1 545, about Public prepa- 
 the obfcrvation of the Direftory in fome points of public ration. 
 vv'orfnip, congregations are ifill to be tried and examined 
 before the coinir.union. Item, That Vv'hen the communion 
 is to be celebrate, one minifter may be employed for af- 
 (illing the miniller of the parifli, or at the moil two. Item, 
 'i'hat there be one fcrmon of preparation delivered in the 
 ordinary place of public worfhip, upon the day immediate- 
 ly preceduig. Item, That the minilfer who comeih to 
 affiit, have a fpecial care to provide his own parifli. Item, 
 Ihat before ierving of the tables, there be only one fer- 
 mon delivered to thefe who are to communicate, and that 
 there be one fermon of thankfoivin^ after ihe communion 
 IS ended, item, Vv'hen the parifliioners are fo numerous, 
 that many of them cannot conveniently have place, in that 
 calc, the brother who allifts the miniitcr of the parifnis to 
 
 preach 
 
104 Government ofthe Book II. 
 
 preach to them who are not to communicate that day, 
 which is not to begin until the fcrmon in the kirk be end- 
 cd, to wit, fermon in the forenoon 
 The prcfent $ I?. But by the prcfent practice, the Thurfday, or 
 practice. fome other day of the week, preceding the communion, 
 is kept as a faft day, on which there are three ft-ni.-ons, 
 delivered by fo ninny neighbouring minidcrs, which yet 
 to fome feems not very proper ; for the defign of that day 
 being a congregational fad, on which the fins of tl;at pariih 
 are to be mourned over before the Lord, no other miniiier 
 can have fuch particular knowledge thereof, as he who la- 
 bours and travels among them. Upon Saturday there are 
 are two preparation fermons, and upon the Lord's day there 
 in (bme churches two aflion fermons, befides the thankf- 
 {riving in the afternoon ; and on the Monday there are two 
 thankfgiving fermons. 1 here will be at thefe occafions, 
 three, five, c)r perhaps more minilters a{fi(ting the palior 
 of the congregation, bccaufe of the great confluence of 
 people that rcfort thereto. Intimation of the celebration 
 of the Supper, is made two or three Sabbaths before : 
 (the Direftory fpeaks but of onej and on the Sabbath im- 
 mediately preceding public intimation is made ofthe fait. 
 What inter- ^ ^ y^ Upon the day of the communion, a large table 
 yencs etwixt |^ • ^^ placed as the communicants may belt (it, and the 
 
 Liic ucl ion- o I *^ 
 
 fcrmon ami congregation may both fee and hear, the public vvorfliip 
 
 the aftion it- js begun as on other Sabbaths : and immediately after ler- 
 ^ ' mon, the minider prays and fings a part of fome pfalm ; 
 
 then, having had an exhortation, he deiircs the elders and 
 deacons to bring forcward the elements, while he conieth 
 from the pulpit, and fitteth down at the table, and the con- 
 gregation again fing; thereafter he fenceth andopeneth the 
 the tables, as before was faid The bread now fiamling 
 before him in large difiies, fitly prepared for breaking and 
 diflribution, and ihj wine in large cups, he reads, and may 
 fliortly expound the words of inffitution, i Coiinth. xi. 
 2;<. — '7- Next, Pie r.feth a pr -yer, wherein he both gi- 
 vcth thanks for tiic incflimable benefit of redemption, and 
 prays to God to fanftify the elements, and acco;iipany his 
 own ordinance with the elT'ecfual working of his Sp;rit. 
 T'^e n-ii- § '9* ^ ^^^ elements being thus fanOified by word and 
 
 fter's bchavi- prayer, the minifler is to take the bread, and lay, accord- 
 our at the ac- jng to ihc holy inltituiion, command, and example of our 
 
Tit. 4. Church of Scotland. 105. 
 
 blefTeJ Lord and Saviour Jefiis Chrift, 1 take this bread, 
 and having given thanks, 1 break it, and give it unro you. 
 Take ye, f^at ye, this is the body of Chriil: which is broken 
 for you, do this in remembrance of him. In like manner, 
 the miniller is to take the cup, and fay, according to the 
 infiitution, command, and example of our Lord Jclus 
 Chrid, 1 take this cup, and give it unto you. 1 his cup is 
 the New Tellament, in the blood of ChrifV, which is fned 
 for the remiffion of the fins of many, drink ye ail of it; 
 for as oft as ye eat this bread, and drink this cud, ye do 
 fhew the Lord's death till he come. If the minilter have 
 no other brethren affifting him in the adminiftration, from 
 whom he is rather to take the communion at the next table, 
 he is to communicate himk'If at tiie firft breaking of the 
 bread, and diilributing the cup. 
 
 § 20. All the while the elders and deacons in a compe- Service of 
 tent number, and in a grave and reverend manner, do at- tables by el- 
 tend about the table, to fee that none be admitted without ^.^^.^^ *^^' 
 tokens, as in the 13th feft. of this title, and that all who 
 arc admiitted, may have the bread and wine in their own 
 place and order of fTtting, which is without difference of 
 degrees, or refpe61: of perfons. 
 
 § 2 I. Fy the lafl-mentioned a'5fc of Adembly, there is to The behavi- 
 be no reading in the time of communicating, but the mini- our of n/mi- 
 fler maketha fiiort exhortation at every table; that there "^""l^^'^'f^^^' 
 be (ilcnce durmgthe time or the communicants receivmg, j^j-inp-tiie ,• 
 only the miniifer may drop a fhort and fii'tablc (entence. fervice. 
 By that fime, aft, the diihibution of the elements among 
 the communicants is to be univerfally ufed, after the mi- 
 nifler hath broken and delivered it to the neareft. item. 
 That while the tables are didolving, and filling, there be 
 always finging cf fome portion of a pfaim. Item, That 
 the communicants, both before their going to, and afrer 
 their coming from the table, fliail only join themfelvcs to 
 the prefen: public excrcife tlicn in hand Jtem, Tiiac 
 none of tbofe who are prefent in the kirk, vv'hcre the com- 
 munion is celebrate, be pennicted togo fonh till the whole 
 tables be ferved, and the bleihiig pronounced, unlefs it be 
 for more commodious order, und in other cafes of nccel- Exhortation 
 fif} . " and tliankf- 
 
 § 2 2. The lad table, after they have received, ordi- g^iving alter 
 narily fitteth Hill, to avoid any trouble by soins to their ^^^ ^\^^'^ ^°™: 
 
 ^ • 0^'" the concluJi. 
 
 Oil. 
 
io5 Government OF THE Book IF, 
 
 own places. Then the minifter gees to the pulpit, where, 
 in a few words, he piitteth them in mind of the grace of 
 God in Jcius Chrift, held forth in this facrament, and ex- 
 horts them to walk worthy of it. Then he gives folemn 
 thanks to God for his rich mercy in Jcfns Chrili, begs his 
 •pardon for the defeats of the whole fcrvice, and inlreats 
 his afliftance to walk as becomcth thofc who Jiave recei- 
 ved fo great pledges of falvation, and then concludes with 
 the iifual petitions in the public prayers of the church. 
 After prayer, all join in finging a part of a pfalm fuitable 
 to the occnfion, and arc difmilTed with the blefTing. 
 The frequent^ § 29. In the manufcript a& of Adcmbly, there is an 
 
 celetirati on Dt ^^ December i a62, appointing the communion to be ce- 
 
 <he Lord s , , ' ,. . ^ i [ , o , 
 
 Sapper re- lebratc four times a-year m towns, and twicc-a year in 
 
 .-onimended. country pariHics ; yea, it u-as adminiftered then once a 
 
 month, as may be icen by the old difciphne bound in with 
 
 the old pfalnis, and forms for pra3/er in Mr Knox's time. 
 
 And by the 14th article, cap. 12. of the French church- 
 
 difcipline, it is recommended to their national fynod, to 
 
 give direaions about the more frequent celebration of the 
 
 Lord's Supper, and their cuilpm then was four times a- 
 
 ycar: but our afts of Aflembly 1638, fefC. 23. act 12, 
 
 m a£l 19. of Aflembly 1701, and Directory for worfliip, do 
 
 only rccomm.erd the frequent celebration of the Lord's 
 
 Supper; but how often is to be determined by the kirk- 
 
 iefTions, as they fnall find moft convenient for the people, 
 
 their comfort and edification. Thcfe recommendations 
 
 fcem to be treated with little or no regard among us ; for 
 
 as yet, fo far as I know, not one parilh hath celebrate it 
 
 once more than ordinary upon their account. 1 am fure, 
 
 if they would have it but once a-year, yet parifhls in the 
 
 rcighbourhood may fo correfpond, as to have it in that 
 
 bouiids all the months of the year, which will fupply the 
 
 v.-anl of its frequency in one parifh, at leafl unto fuch as 
 
 may well travel unto their neighbour churches. 
 
 Jlc\vrc:mtr.\i- § 24- By thc a61 James VI. pari, 3, cap. ii,..fub. fin, 
 
 ji'ion cln>icnts thc parfons of all parilh-kirks are to furniili bread and 
 
 arc p:t 1(1, ami ,vi'-.e to the communion To oft as it fhall be adminiftrate. 
 
 •the' coninniV' ^"^^ ^Y ^^-^ '^^ cf Affcmbly 1^3!?, fed 23. art. 12. where 
 
 r.ion is not the minifter of a parifli has only allowance for furnifliing 
 
 celehraic. communion elements once a year, it is declared, that the 
 
 ^barges Ihould raiher be pi<j put of that day's colle£lion, 
 
 \ha« 
 
Tit. 5. Church of Scotland. 10/ 
 
 ,rban that the congregation want the more frequent ufe of 
 the facrament. Sparihemius, in his introdu(5llon to facred hi- 
 liory, tells 11?, that in the fecond century, the Lord's Sup- 
 per was then expreffcd by feveral names, and among others, 
 it was called the Oblation, from the people's offering 
 the bread and wine : A nd truly, if the people were defircd 
 to contribute money for that end, it were but reafonable, 
 and not to be grudged, even though it were but once a 
 year celebrated, where the minifter has no allowance even 
 for that once, and wants fikewife a legal maintenance al- 
 located and lecured unto him : but where the communion h 
 but once a year, and the minillcr hath a icgal ftipend fe- 
 curedtohim, he ought to be difcharged.to take or defray 
 the expences of the elements out of the money given and 
 mortified for the ufe of the poor; and this practice is ren- 
 dered yet the more fcandalous and inexcufable in pariflics . 
 where this facrament is but once a year celebracc, and 
 ■where there be colleagues, who hpve both legal ffipends. 
 The fum ordinarily m.odified for communion elements 
 doth not exceed fifty merks Scots, which the heritors are 
 liable yearly to pay, although the communion be not ad- 
 miniflrate in the parifh, providing the minifter offer to ap- 
 ply it for the ufe of the poor. 
 
 T I T L E V. 
 
 Of the Sokmnimtio:i of Marriage. 
 
 § I. l^/fAtrimonium is defined by Modcfiinus to be Ms ma; 
 IVi. u Maris et famina; corjjunrtio, et omnis vita;'^''^''*'^^*-"- 
 '^ confortium, divini et huniani juris coniinunicatio/' 
 i c. the corjunftion of man and vv'oman to becomfbrrs for 
 all their life, with a communication of riglus divine and 
 human. By the laws of the church of England, as they 
 are reformed by Henry VIII. and Ldward Vi. in the lat- 
 ter "edition printed at London 164.1, marriage is defined 
 " Legitimus conrraclus nniiuam et • perpetuam viri cunj 
 " fcemirja conjunttionem, Dei jafTu inducens et perficiens ; 
 " in quo tradit urerque ahcri poreflatem fui corporis, vel 
 " ad prolem fufcipiendam, vci ad fcor.tationem evitandam." 
 NupticE are fometimoB taken pro riru Dur-riaiij for w'edding 
 Gcrcmoiiies, 
 
 P 2 ■ ^2. 7'h^ 
 
ic8 Government of the Eook II, 
 
 Sporrfalia, § 2. Thc fponflilia OF cfpoufals, funt mentio et repro- 
 
 or ei^oufals, mifilo futiirarum nuptiarum, or, de futiiro matrimonio. Jt 
 ^ "^' is only a confcnt de prcfemi that makes marriage ; but the 
 
 confcnt de fiitiiro, which is given at the coutra^l of mar- 
 riarie, or proclamation of banns, is only thc efpoufals, 
 which are premifed to marriage ; it being fo folemn an a6t, 
 fliould be performed with due deliberation. By the civil 
 Jaw and cufiom of this nation, there is pljice, rebus inte- 
 gris, f or eitiier party to repent and renounce the efp-'ufals. 
 * See Stair's Infiit. p. 2^. ; and by the 9ih article, cap • ^, 
 
 of the French church -difcipline, though it be prohibited to 
 marry the {ifier of the dcceafed, yet it doth not condemn 
 m-jrrying the filler ^f one contra£ied that is dead, bccaule 
 it fuppofes that an aUiance is not confummated but by 
 commixion of blood or fex. See the commentary on that 
 article. 
 Forni".f!cn § :?, Marriage ought not to be within the degrees of 
 
 ce;;:-ets. conffl^guinit}' or affinity, forbidden by the ihth chapter of 
 Leviticus. 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, (fee the ConfefTion of Faith) otherwife the mar- 
 riage may be declared to have been null. A man may 
 rndrry any of his wife's allies, or a vi'oman any of her huf- 
 band's allies, *' nam non datur affinitas affinitati?," 
 ri^'Tf. § J. Marriage being ordained for the increafe of man- 
 
 r- ay lie de- kind, and for preventing of uncleannefs, perfbns natural- 
 c a<e ^ Du jy ij-p^p^j-Aj-it 3j-£ therefore incapable to mairy -, yet by the 
 tcuiy.. nnd ^^^^'^ of the church of Lngland, as reformed by King Hen- 
 '•^anor. rv VTII. and King Edward YI. de Matrimonio, cap. 7. 
 their canon runs thus : " Verum fi nota fit urricjue pcrvcr- 
 ** (itas, et tamen mutus perducet de matrimonk) confen- 
 " fas, nuptice pioccdant; quoniam volentibus nulla inju- 
 " ria poteft fieri." 
 Who cannot f 5. Thefe who cannot confcnt, cannot marry, fuch 
 cjjifcr.r can- as ideots and furious perfons, durante furore; neither they 
 not marry, ^i.,^ {^^^.^ j,^^^ jj^^ ufc of their reafbn, as infants and thofe 
 under age, who are not con:!e to the ufe of difcretbn, 
 tiiat is when the perfon is within the years of pupillariry, 
 co;-nmonly cftablifhcd in law to be fourteen in males, and 
 twelve in females, nifimalitia fuppleat xtatem, which with- 
 out 
 
m mar- 
 
 Tit. 5. Churck of Scotland. 109 
 
 out further probation declares them to be arrived at that 
 difcretion which fits them for marriaa;e. ^ 
 
 § 6. If it be ailved, whether the confl-nt of parents, en- ^onfent o. 
 
 nr-j-1-i I rr ■ \ parents, and 
 
 rators, or nearelt rnends m their place be eiiential to mar- of promifes 
 riage ? The common fentence will refolvc it, " Multa of marriage 
 " impediunt matrionium contrahendum, quje non dirimiint ""^^de by mi- 
 " contractu m :" fo that their confent becomes necelTary, '^°^^' 
 as it were, " neceflitate praecepti, fed non neceffjtate mc- 
 " dii." And by an overture of Afiembly, June 4. 1644, 
 it is propofed to be confidered on, and reported by the 
 prefhyteries, that promifes of marriage made by minors, 
 to women with whom they have committed fornication, be 
 declared null and of no effe£l; efpecial'y when the youth 
 is not willing to obferve the fame, becaufe his parents 
 threaten him with the lofs of their bleiTirig and of his birth- 
 right. This is propofed as being agreeable to the word of 
 God. 
 
 § 7. Errors in the fubflantials make void the confent, En-ors that 
 iinlefs future confent fupervene, as it did in Jacob, who r"" .^'"''^ ^'^"" 
 fuppofed that he had married and received Rachel, but by riase. 
 millake got Leah ; yet was content to retain her, and to 
 ferve for the other alfo : but errors m qualities or circum- 
 ftantials vitiate not, as if one fuppofing he had married a 
 maid or chafle woman,' had married a whore, according 
 to Stair's Inflitutions, page 26. Yet by Deuteronomiy 
 xxii. 21. that error feemeth to be accounted fubftantial ; 
 for, by that text, a woman fb deceiving a man was to be 
 put to death; and by the ^8th rrt. cap. 1^. French 
 churh-difcipline, if it fliould happen, tirat ^fter contra^ 
 and promifes made, and before the accomplifhment of 
 marriage, the bride is foupd to have committed fornication, 
 before or'after the faid promifes, and thi-t it u as unknown 
 to him who had promifed her marriage, the confiftory 
 nay proceed to a new marririge ; and the bride fbali have 
 the fame liberty, if it be found th?t the bridegroom h?s 
 been guilty of fornication before the laid promife. By 
 the 5th art> cap. 24. of our Confeflion of Faith, that cafe 
 is only determined thus far, viz. adultery or fornication 
 committed after a contract, being detected before mar- 
 riage, giveth juf^ occafion to the innocent party to difiblve 
 that contraft, and they fupport this from that fcripture, 
 JMaiih. i. iS. 19. 20. 
 
 § 8. Parties 
 
110 Government of the Book if. 
 
 Teftimonials § 8. Parties cannot be married without they be known 
 for marriage, to be fingle perfons, either by the minifler's own proper 
 knowledge, or by a re(iiir,oniaI from feme minilkr, el- 
 ders, or Icfllon, bearing the fame : but albeit they cannot . 
 procure a teftimonial in common form, through their be- 
 ing fcandalous, yet the benefit of marriage cannot be de- 
 nied them after the proclamation of banns. But by the 
 2iflart. cap. 23. of the French church-difcipline, if one 
 of the parties who dedre to be married is excommunicated, 
 the marriage fliall not be admitted in the church, unlefs 
 the excommunicate perfbn make confclTion of his faults ; 
 but thofe that are fufpended from the Lord's Supper they 
 allow to be married. 
 
 § 9. Ey the 3d article, chap. 24. of our Confeflion of 
 with P^ifls. Faith, fuch as profefs the true reformed religion, fhould 
 nor marry with Infidels, Papiffs, or with other idolaters, 
 or with fuch as maintain damnable herefies. And in pur- 
 fuance of that, by an overture of the Aflenibly 1701, 
 the tranfareiTors were to be excommunicated. But our 
 llatcfmen difliking the fame, this overture in the Aflembly 
 1704., aft 22. ilTucd only in a recommendation. By the 
 72d canon concilii fexti inTrullo, it is determined thus; 
 " Non licere virum orthodoxum cum mulicre haeretica 
 •' conjungi, neque vero orthodoxum cum virohasreticoco- 
 '* pulari, fed & fi quid ejufmodi ab uUo ex omnibus fac- 
 •' turn apparueret, irntas nuprias exiflimare & nefarium 
 *' conjugium diflblvi." But if two in£dels marry, and 
 one of them becometh Chriftian, the perfcn converted is 
 not thereupon warranted to defert or put away the other 
 party who continues blind, i Cor. vii. 13. 14.; and by 
 can. 31. Concilii Laodiceni, "Quod non oportet cum 
 *' omni haeretico matrimonium contrahere, vel dare filios 
 *' aut filias, fed potius accipere fi fe Chriflanos fiuuros 
 *'• profiteantur." And by the 2cth article, cap. 13. of 
 the Prench church dilcipline, v/hen one of the parties is 
 of a contrary religion, the purpofes of marriage iliall not 
 be publifhed in the church, until the party doth publicly 
 profefs in the church, that vi'ith full refolut'on he rcnoun- 
 ceth all idolatry and fuperffition, particularly the Mafs; 
 und if any pallor or confiltory do othervvife, they may be 
 fufpended or turned out of their office : thus difference in 
 religion jullly impedes but doth not annul marriage. 
 
 ^ 10. If 
 
Tit. 5. Church OF Scotland. rii 
 
 § lo. If parties delay their marriage forty days after Maniage de- 
 proclamation, they are to be put to the renewing of the %^<^ ^^ty 
 fame before they be married ; and the French difciphne, pJocirmation 
 cap. 13th art. 26. doth recommend not to delay the cele- and fcoming 
 brarion, after proclamation of banns, above fix weeks, to the kirk, 
 prevent inconveniencies and ill confequences. The refi- 
 ling of parties after proclamation, is commonly called a- 
 mong us, a fcorning of the kirk, though the injury or af- 
 front redounds moftiy againfl: ihemfelveS;, and not Co much 
 upon the congregation. Indeed, if it could be known 
 that parties never had a ferious purpofe for marriage, but 
 only from a profane, making, and vain temper, had de- 
 fired themfelves to be proclaimed ; in this cafe, they de- 
 ferve to be treated as mockers of God and his people. 
 There are other ways whereby God and his church may 
 be mocked, when perfbns, who be found in body and 
 Blind, are given up to be minded in the public prayers of 
 the church, when they are truely diiirefi^d in neither, 
 the authors of which mocking and forgery deferve to be 
 proceeded againft: with the ccnfures of the church. 
 
 § II. Adultray and willful defertion do not annul the When adul- 
 
 marriage on any abfohue necefiity, but they are juit occa- ^^''y ^"^ Y^^" 
 
 fions upon which the perfons injured may annul it, and eiertion 
 . i r , J J ' annul mar- 
 
 be tree ; otherwiie, ir they pleale to contmue, the mar- nage. 
 
 riage remains valid, excepting when the adultery is com- 
 mitted or accompanyed vviih inceft, as if a man fliould ly 
 with his wife's lifter, in which cafe the wife cannot free 
 herfelf from the fcandal of inceft,^ if llie, after knowledge 
 tliereof, continue to co-habit with him as her hufband. 
 And by the pari. 157^. cap. 55.it is ordered, that the 
 deferter, after four years wilnil defertion without a rea- 
 fanable caufe, muft be firft: purfued, and decerned to ad- 
 here, and being thereupon denounced, and alfo after pri- 
 vate and public admonitions by the church, excommuni- 
 cate, the comniiilaries are warranted to proceed to divorce. 
 But fimple abfcnce will not be accounted wilful defertion, 
 if he be following any lawful employment abroad. In 
 cafe then, a party be out of the coun;ry, I fee not how 
 this order can be ufed and proceeded in, unlefs it were 
 infiiciently verified and made appear, that he knew of his 
 being cited before their confilforial courts, and th.it his 
 ^blence w^s wilful and not acccirary, 
 
 § I? A 
 
inama2;e. 
 
 112 Government of the Book II.. 
 
 Re-marrying § 1 2. A party divorced for adultery may marry again, 
 in ca e ot di- ^^ j^. ^^ ^^^ ^^ thole with whom the adultcrv. upbn which 
 vorcc or pro- , ,. , , • j -• ■' • l 
 
 vcn adulter}'. ^"C divorce proceeded, was committed : ror marriage be- 
 tween fuch is d; cl:ired null, and the ilTue inhabile to fuc- 
 ceed to their parents as heirs, pari. 1600. cap. 20. yea, 
 it leems agreeable to equity and reafbn, that where adul- 
 tery was proven, albeit no divorce enfucd, in that cafe 
 the adulterers cannot marry together. AVhich agrees with 
 the Civilians, that, " Dolus malus facit ceflare quodcun- 
 " que privilegium, fraus enim nemini debet patrocinari 
 " imo punienda." 
 Force annulls § i ^ Marriage contrafted with a woman ravifhcd or 
 violently taken away and Itill reclaiming, is annulled from 
 the beginning ; fee Mackenzie & Mathcens d? Raptu ; 
 and to this atrees that forecited book of the ecclefialtical 
 Jaws of England,' cap. 1 2. de matrivwnio. But 1 am 
 furc it is unjun: to treat their children as fons of whores ; 
 See lib. 3. tit Ravifhers of women. 
 Time and ^ j^^ After banns have been lawfully proclaimed, and 
 
 r-a'ce ^ "^'^^" ^""^'"^^ found objecting againfl the marriage, the fame may 
 thereafter be celebrate in private houfes, before witnefJes, 
 as the culiom is now become, upon any week-day, not 
 being a fafl-day. Albeit by the Dircclory for uorfliip, 
 'it i? publicly to be folemnized in the piace 'appointed by 
 authority for public wotfhip, before a competent number 
 of credible wirncfTcs, and they advifc that it be not on the 
 Lotd's day. 1 am flue, fjamen uho arc to loofc and go 
 to fca on Monday, may marry on the Saturday as well as 
 on the Sabbaih before 
 No marriap-e § J 5- Marriage without proclamation is difc;.argcd, as 
 without pro- having dangerous effefts, cjicepting where the prefbytery, 
 ciamation of jn fome neceilary exigences, difpenle therewith, Aflem- 
 rhr'prefH te^ ^^y ^^i^' ^^■^- -3- ^fC- 2i. A'Jem. 1090. fell 12. iie- 
 . ' dUpenfe f^re any proclamation of banns be made, the names of 
 -erewith. parties, and there parents, tutors, or curators, are to be 
 given up to the minidcr, that the confent of friends may 
 be known, and the proclamation is to be made before di- 
 nine fervice bcc;in, for three feveral oabbaths; the parties 
 named being designed as fully as they ufc 10 be in wriies 
 or contra6ts of marriage, and in collegiate churches, the 
 proclamation is to be in every c'lurch of the to'//n,'AfTem. 
 ib(j<). fell 5. By the 18th art. i^ih cap, of the French 
 
 chui cli- 
 
Tit. 5. Church of Scotland. 113 
 
 chiirclX-difcipline, thefe who live in places where the n- 
 fual ex-, rcifes of religion is not eflabliHicd, may caule their 
 banns to be pubhflicd in Romifli churches, in as much S3 
 the matter is partly of a political nature. And by the 
 2 ?d article of that chapter, the banns of widttws who re- 
 marry fliall not be pubiiflied in the church, till (even 
 rnonths and two weeks, at lealt, after the deceafe of thejr 
 former hnfbands, to avo'd the fcnndals and inconvenien- 
 cies that may happen by it, unlefs it fo happen, that the 
 ir.agiftrates order may interpofe to the contrary. 
 
 § 16. One may be clandePiinely married, either wiien ClancIcIHnfe 
 anns are not proclairaed, or when tne marriage is ccle- "^, %' 
 brated by one not ordained and admitted by the church, punifl'imerit 
 nor authorized by the ftate. By our a£ls of ppil'ament and c^ninre* 
 \Villiam*s pari, feff 3. cap. 12. the perfons clandeftinely 
 jTiarried, may now be piofecuted by every procutaror fif- 
 cal. And by cap. t). kfT. ". pari. K. VViiliam, perfons 
 clandeflinely married, are obliged, when required, to de- 
 clare the name of the celebrator, and witneiles, under the 
 pains following^ \il. each nobleman 2000 1. the 
 landed gentleman 2000 merks, any other gentlemen or 
 burgefs 1000 1. and any other perfon 200 merks, and to 
 be imprifoned till they declare and pay. The ceiebrator 
 js punifhable by the council, not onl}'' with baniilioicnt, 
 but in fuch pecunial or corporal pains as they flaall think 
 fit; the witnedcs are made liable in the fum of ko 1. 
 None of the parties (if both be refiding in Scotland) iliall 
 get themfelves married in England, or Ireland, without 
 proclamation of banns in Scotland, and againil: the order 
 of the kirk, under the pains as aforefaid, which are al- 
 ways without prejudice of kirkcenfure. And there is no 
 doubt they fliould be rebuked as unneciTiiry tranfg"re{II)rs 
 of a very comely and rational church-order* 
 
 § 17. By the f>rm of (blen-nizat'ion of matriiTiony, 0';;j^"5^^<^''^ ^* 
 
 prefcribed by the church of Enciland, in the book of Com- S"^''!- ^^^ ^ 
 1 J . ^ x_ I r • I raarnage on 
 
 mon rrayer, it any man upon the day or marriage, do ^i^^j^ ^i.,y ifja. 
 
 alledge and declare any impediment, why the parties may ou;};l;t to find ;• 
 
 not be coupled togctlicr in matrimony, by God's laws, cauuon. 
 
 and the laws of the realm, and will be bound, and fuiii- 
 
 cient fureties wi'h him, to the parties, or elle put in a 
 
 caution (to the full value of, fuch charges as the perfon:? 
 
 to be mai'ried do thereby faOain) to prove liis ailegatioii ; 
 
 . then ihejolemnizatlon ir.uft be deferred until fuch time a3 
 
 the truth be tried. Q^ ':■■-, § 1 3. Aft^r 
 
114 Government of the EookTI. 
 
 Form of fo- § 18 After the purpofe of marriage hath been orderly 
 lemnizatlon^ publiflied, the minifter is firft to pray for a bleffing up- 
 of the 'n^n-i- j|^g parties appearing to be married : which beingr end- 
 age covenant. , '.,.^''11 1 r t r ■ 
 
 ed, he is briefly to declare unto them out ot the Icripture 
 
 the inftiiuiion, ufe, and ends of marriage, with the conju- 
 gal duties. Then he is folemflly to charge the perfons 
 to be married, that they would anfwer as in the fight of 
 God, to whom they inufl: give a ftrift account at the lail 
 day, that if either of them know any caufe, by pre-con- 
 tra6t or otherwife, why they may not lawfully proceed to 
 marriage, that they now difcover it The minifter, if no 
 impediment be acknowledged, Ihall caufe firft the man 
 take the woman by the right hand, faying thefe word?, 
 '■' I, A^. do take thee N to be my married wife, and do, 
 *' in the prefence of God, and before thefe witnefles, 
 *' promife and covenant to be a loving and faithful huf- 
 " band unto thee, until God fliall fe. arateus by death.'* 
 Then the woman Ihall take the mnn by the right hand, fay- 
 ing thefe words. *' 1, N, do take thee A', to be my married 
 " hufband, and 1 do, in the prefence of God, and before 
 ** thefe witnefles. promife and covenant, to be a loving, 
 " faithful, and obedient wife unto thee, until God fliail 
 ** feparate us by death." Then without further ceremo- ^ 
 ny, the miniftcr fliall pronounce them to be hufliand and 
 wife, according to God's ordinance, and ib conclude the 
 a£lion with prayer 
 Re!T!n:er of § 1 9* By the Dirc^ory for worfliip on this head, a re- 
 man-iageand gjfter is to be carefully kept, wherein the names of the 
 baptilms ; i^artics fo married, with the time of their marriage, are 
 taitlu forthwith to be fairly recorded, for the perufual of all 
 
 whom it may concern. And that the regifiers of baptifms 
 and marria'^cs may beijr the greater faith, it is fit they be 
 fubfcribcd on each page by the miniflci ; or, in a vacai>- 
 cy, by two elders, and the clerk of the feflilon, 
 
 TITLE VI. 
 
 Of Vi fit at ion of the Sick. 
 
 ?T'Miflfrs, el- § 
 dcrs, or de 
 
 r. XT7E are admoniflied by'the Apoflle Paul, r Cor. 
 ' ' X- 32. to give offence neither to the Jews, 
 
 rons, (houlcl nor to the Gcntics, nor to the church of God. By the 
 
 W cautions in /x 
 
Tit. 6. Church of Scotland. 115 
 
 4. \ a canon Condi Carthagin " Clerici ad viduas vel vir- being -alone 
 
 " gincs non ingrediantur, fed cum con-clericis, vel ubi ^y**^]^ um-ar- 
 ., \f t • • 1 r • 1 •/!• • • ^1 /!• • 51 i"iP«i women 
 
 ** adlunt clerici, vel aliqui bqnas exiitimationis v^hriltiani/ ^\^en Tick or 
 
 And by the a£l of Affembly Augufl 24. 1647. fai^. 19. in trouble, 
 art. I J fometimes the perfon troubled may be of that con- 
 dition, or that fex, that dlfcrction, modelly, or fear of 
 fcandal, requirerh a godly grave friend to be prcfent, 
 when the paftor is vifiting the troubled ptrfon. 
 
 § 2. It is the minifter's duty to admonifh, exhort, re- Miniftersand 
 prove, and comfort thefe committed to his charge, upon p^'ople are 
 
 all feafonable occafions, fo far as his time, (b-ength, and *^'^1^^".t^y ^° 
 
 ,---. - coiivcrtc 3,* 
 
 perfonal fafety will permit. The people are often to ^out their 
 
 confer with- their minirter about the flate of their fouls, foul-matters, 
 and in times of (icknefs to defire his advice and help, be- 
 fore their (trength and underflanding fail thern : for this 
 and what follows of this title, fee the Directory, 
 
 § 3. The minifter being fent for, is to repair to the The matter 
 fick, and to apply himfelf with all tenderneis and love to ^^ ^^'^ confer- 
 his foul, inftru£ling him out of the fcripture, that difea- ^"^^ for "to 
 fes come not by chance, or by diltempers of body only, ^he fick. 
 but by the wife hand of God ; and whether it be laid up- 
 on one out of difplcafure for fin, for his correciion or a- 
 mendment, or for trial and exercife of his graces, or for 
 other fpecial and excellent ends, all his fuiierings (hall 
 turn to his profit, if he fincerely labour to make a fan<fli- 
 fied ufe of God's vifitation, neither defpifing his chaflen- 
 ing, nor waxing weary of his correfiion. 
 
 § 4. If the minifter fufpecl him of ignorance, he fliall How to deal 
 examine and inflrufl him in the principles of religion, and '^^^^ ^ ^ ^S" 
 in the nature, ufe, excellency and nccelTity of the graces dovibtina and 
 of the fpirit of God. He iliall iVir up the fick perfon to fecure. 
 examine himfelf, to fearch and try his former ways, and 
 his ftate towards God. If the fick perfon fliall declare 
 any (cruple, doubt, or temptation, that is upon him, in- 
 flruftions and refolutions fhall be given to fettle him. Eut 
 if it appear that he hath not a due lenfe of his fins, en- 
 deavours ought to be ufed to convince him, of the guilt, 
 pollution and defert of them ; and withal, to mak. known 
 the danger of delaying repentance, and to roufe him our 
 of a (Uipid fecure condition, to apprehend the juUice and 
 wrath of God, before whom none who are out of Chrift 
 can (laud : care mull be taken that the fick peri on be not 
 0^2 caft 
 
iiG Government of the Bookll. 
 
 cafl down into dcfpair, by fnch a fevere rcprefentation of 
 
 the wrath of God due to him for his (ins, as is not molificd 
 
 by a (cafonable propounding of Chriil and his merits, fur 
 
 a door of liope to every penitent believer 
 
 « , , ^ C. If (lie fick perfcn have endeavoured to walk in 
 
 How to deal , '^ ' r i i- /■ i r r- \ • i r j 
 
 with thofc of ^^'C ways of hohnels, and to lerve (jod in uprigntneis, al- 
 
 vhof-v.eU- though not without many failings and infirmities ; or, if 
 
 teing there is j^jg fpjrir bc broken with the fenfe of (in, or cafi down 
 
 gro.uiu Qt jlipo^igii xhc I'cnfe of the want of God's favour, then it 
 
 ^ ' v^ill be fit to rJle him up, by felting before him the free- 
 
 pefs and fuhiefs of Cod's grace, tiie fufficiency of 
 
 Chrift's rigfitcouinefs, and the gracious offers in the gof- 
 
 pel : it may be alfo ufcful to iliev/ him, that death haih 
 
 no fpiritual evil to be feared by tho!e who are in Chrift, 
 
 Kcaufe Gn, the iling of death, is taken away by him wiio 
 
 hath delivered all that are his from the bondage of the 
 
 fear of death. Let advice alfo be given, as to beware of 
 
 an ill-grounded perfuafion on mercy, or on the goodnefs 
 
 of his condition for heaven, fo to difclaim all merit in 
 
 himfelf, and to caft himfelf wholly upon God for mercy, 
 
 in the fole merits and mediation of Jeflis ChrilK 
 
 The r.M-^fl-r ^ ^' ^'^ '''^"'"' ^^'^ ^^'^-'^ perfon is bed compofed, may be 
 is to pray if l^aft diiturbed, and other necelTary offices about him lead 
 defircd, and hindred, the minifier, if defired, fhall pray with and for 
 tw -what. ]i]m, confefling and bewailing original and aclual fin, ac- 
 knowledging it to be the cai'.fc ofallmifery; imploring 
 God's mercy for the flck perfon through the blood of 
 Chrift, befceching that God would open his eyes, caufe 
 i'.im to fe^ himfelf loft in himfelf, make kiiown to him 
 the caufe why God fmitteth him, reveal Jefus Chrift to 
 his foul for righteoufncfs and life, give unto himfiis holy 
 fpirit to create and ftrengthen faith, lo work in him com- 
 fortable evidences of his love, to arm him againft tempta- 
 tions, to take oifhis heart from the world, to furnifli him 
 v/ith patience and ftrcngth to bear his prefent vifitation, 
 and to give him pcrfcverance in faith to the end ; that if 
 God Ihali pi;ale to add to his days, he would vouch- 
 fafe ro'^ef/alj means of his recovery, renew his ftrength, 
 ?ind enable him to w.ilk worthy of God by a faithful re- 
 ^^■icmberance and diligent obferving of his vows and pro- 
 uules of hoiinefs and obedience : and if God hath dtter- 
 Rppcd to ^nifti his ^ays, by the prefent vilitation, 1\q may 
 ' ■ fin4 
 
Tit. 7- Church OF Scotland. 117 
 
 find fiich evidence of his interefl: in Chrift, as may caufe 
 his inward man ro be renewed, while his outward man 
 decayeth. 
 
 § 7 The minider fhall admonifh him alfo, as there lliall Peculiar ad- 
 be caiifp, ro fee his houfe in order, thereby to prevent in- "j^^^ick^g^^d 
 convcmencies, to take care for the payment of his debts, exhortations 
 and to iTiake reditution or fatisfa£tion where he hath done to lUchas are 
 any wrong, to be reconciled ro thofc with whom he hath prelent. 
 been at variance, and fully to forgive, as he expefts for- 
 givenefs, 'He may alio improve the prefent occafion, to 
 exhort thofe about the fick pf rfcn to confider their own 
 mortality ; and in health, fo to prepare for ficknefs, death, 
 and judgement; that when Chhil, who is our hfe, fhall 
 
 appear, they may appear with hi;Ti in giory. When fick 
 
 ' r 1 r 1 r- 1 ^ -^ . • • i-i Whvthefick 
 
 pcrions iieiire the prayers or the congregation, it is like ji • \. 
 
 an intimation and fuit to thefe who have any moyen with public, 
 
 God to pray for them in lecret, and continue fo to do, as 
 
 well as in public. 
 
 TITLE VIL 
 
 Of Burial of the Dead, Lykc-wahs, and Dirgies, 
 
 - The manner 
 of burial. 
 
 § I. "OY the Directory for worfliip, upon the day of bu- 
 -*-^ rial, the dead body is to be atterded decently, 
 riitable to the ronk of the deceafcd party, to the burial- 
 place, and there immediately interred, without any cere- 
 mony, it is mofi convenient that at (bch occaGvvns, we 
 have meditations and conferences fuited thereto, and that 
 tlie miniiter, as upon other occafions, fb at this time, if he 
 be prefent, may put tliem in remembrance of their duty. 
 
 ^ .!. By the old book of difcipline, in Mr Knox's time, jsTq fm^j.^^^^ 
 annexed to the old paraphrafe of the Pfaims, after burial, fermons. 
 themmiiler, if prefent, and defired, goeth to the church, 
 if it be not far olF, and'maketh fome comfortable exhorta- 
 tion to the people, touching death and the refurrection ; 
 but by the a£t of AlTernbly 16^8, feif. 23. 24. art. 22. ail 
 fiineral fermons are difcharged. 
 
 § ^, i^y the aft of Aflembly 1 64 ^, fefl! 9. they difcharge No burial in 
 burials^ and hanging of honours, broad:*, and arms of per- the body of 
 Ions, ofwhatfoever quafity, within the kirk where the ^ ^ ^*^'^*^''^'^' 
 j^cQule meet for public wprihip j for perhaps ^t fome times 
 
 the 
 
Ii8 Government of the Book IT, 
 
 the people would be incommoded with open graves. BI- "! 
 fliop Hall of Norwich was of opinion, that God*s houfe 
 was not a mere repofitory for the bodies of the greateft 
 faints. 
 L ke-wakes § 4' ^Y ^^""^ ^^^ ^^ AfTembly 164^, fefT 8. Aflembly 
 and dirgies 1701. feft nit. all lyke-wakes are difcharged, as foftering 
 difcharged. fupcrftition and profanity through the land. No doubt, 
 dirgies have likewife had as bad effcfl? ; and from the fame ' 
 reafon may be alfo underftood to be difcharge^. 
 
 TITLE VIII. I 
 
 Of MiniftQvial Vifitation of Families. 
 
 Annual vifita- § I. TT hath been the laudable practice of this church, 
 tions of fami- A at lead or.ce a year, (if the largenefs of the parifh, 
 
 hes, the ca- ^^ bodily inability, or other (uch like do not hinder) for 
 church. ^^^ minifters to vifit all the families in their parifh, and ofrner, 
 if the bounds be fmall, and they able to perform it. A- 
 mong other reafons for thefe annnal vifitations of families, 
 this may be one, that bccaufe, by the order prefcribed by 
 our Lord, Matth. xviii there may be feveral offences 
 known to minidets, elders, or neighbours, which may ju(t- 
 ly keep hick offenders from partaking of the Lord's Sup- 
 per ; and yet it were diforderly and nnedifying to remove 
 thefe offences in a public way. Ihefe vifitations may fcrve 
 to purge a congregation of fuch private Icandals. 
 ^, , |.j r § ?,. AKhough in regard of the different circumflanccs 
 the foUowhi"- of fome pariffies, families, and perf()n3, much of the ma- 
 overtures, nagement of the vvoik muff be left to the prudence and 
 dilcretion of minifiers, in their refpcctive ovcrfights; yet 
 thefe following dirC(5lions are offered by Affcmbly lyo?^, 
 Apiil -'7. as helps for the more uniform ai.d luccefsful 
 management thereof, that it be not done in a flight and o- 
 vcrly manner, which fuppofeth the univerfal practice 
 thereof through this church, and that the total negle6iors 
 maybe cenfurcd therefor as fupinely negligent. 
 Time of vifi- § :^. Such a time of year is to be cholcn for minifferial 
 tation, Its m- vifitation. as the famiijes which he vifits niay be beff at 
 timation, &c. jgjiypg ^^ p,(,^f ^^j{)^ l^j,^^ . 2pj_j -^f j.|^^f ,j,^g fiiould happen 
 
 immediately after the communion, then it is (eafonable, as 
 it were, to beat the iron while it is hut, Timeojs intima- 
 tion 
 
Tit. 8« Church of Scotland; 119 
 
 tion is to be made to them of the vifiration ; and the elder 
 of that bounds of the panfh which is to be vifited, is to ac- 
 company the imniller, and they fhou Id previoufly confer 
 together concerning tlie condition and ftate of the perfons 
 and families of thofe bounds. 
 
 § 4 . When they enter a houfe, they are to exprefs their Firft work to 
 wifhes and dcfires for the blelTing of God upon it, and that falute the fa- 
 above all, that their fouls may profper : Then let them take ^r^^j^e^r"^^^ 
 an account^^the names of the family, inquire for teftimo- names telH^ 
 nials from them who are lately come to the parilh, and monials. Sec. 
 mark them in the roll for catechifing, and let them take 
 notice who can read, and of the age of children capable to 
 becatechiied ; then the minifter is to fpeak to them all in 
 general, of the neceffity and advantage of godlinefs, of ju- . 
 
 {lice and charity towards man. 
 
 § 5. He is next, more particularly, to fpeak to fer- Servants fpo- 
 vants of their duty, to ferve and fear God ; to be dutiful, ken to in par- 
 faithful, and obedient fervants, and of the promifes made ^^^^^^^' 
 to fuch, commending to them the reading of the Icriptures, 
 and fecret worlhip, and love and concord among them- 
 felves, and in particular, a holy care of fan£lifying the 
 Lord's day. 
 
 § 6. The minifter is to fhow the children and young Children to 
 fervants the advantage of knowing, feeking, and loving ^^ Spoken to. 
 God, and remembering their Creator and Redeemer in the 
 days of their youth, and to mind them how they are de- 
 dicated to God in baptifin ; and when of age, and after 
 due inftru£lion in the nature of the covenant of grace, to 
 excite them to engage therafelves perfonally to the Lord, 
 and to defign and prepare for the firit opportunity they 
 can have of partaking of the Lord's Supper, to be efpeci- 
 ally careful how they at firft communicate. 
 
 §y Then he is to fpeak privately to the heads of the Heads of fa- 
 faniily about their perfonal duties towards God, and the milies ipoken 
 care of their own fouls -, and their obligation to promote ^°* 
 religion and the worfhip of God in their, family, and to 
 rertrain and get vice pUniflicd, and piety encouraged, and 
 to be careful that they, and all in their houfe ferve the 
 Lord, and finfti fy his day. He is more particularly to 
 inquire, i. Whether God be worftiiped in the family, by 
 prayers, praifes, and reading of ihe (criprurc ? 2. Concern- 
 ing the behaviour of fervants towards Gcd and towards 
 
 raan. 
 
120 Government of jhe Book 1 1. 
 
 man, if they attend family and pubficvvorfliip ? How they 
 fanf^ify the Lord's day ? And if they be given to fecreC 
 prayer and reading the fcriptures ? j. Jf there be catechif- v 
 ing in the family ? If their children be trained up in reading, 
 according to the aft of AHembly, Aug. lo. 1648. in all 
 which the minifter may intermix fuitable dire£tions, encou- 
 ragements, and admonitions as may be mofl edifying. 
 General que- § ^ ^^^ minifter is to inquire who want bibles; and if 
 ftions and ex- they he not able to buy them, let the poors box be at the 
 hortations. expences : and recommend to the heads of the family to 
 get the ConfefTion of Faifh, Catechifms, and other good 
 books, for inftriicling in life and firith, according to their 
 ability, ido Thofe who are tainted with error or vice arc to 
 ^ be admonifhed fecretly, or in the family, as may moft edify : 
 
 and all are to be exhorted to carry toward fucn as walk 
 orderly according to the rule, Matih. xviii. \ c^. 3/7^. The 
 minifter is to endeavour to remove divifions in the family, 1 
 or with their neighbours, and exhort them to follow peace 
 with all men, as far as is poflible. 4''(7. Let it be inquired 
 who have communicated, that they may be called to an ac- 
 count privately how they have profited, and put in mind 
 to pay their vows to the Lord, Confer alfo with others a- 
 bout the caufes of their not communicating. 
 How to vifit § 9. As for thofe who pretend confcience for nor keeping 
 fuch as keep Communion with us, or whatever their motives be, mini- 
 not conir.iu- fters Ought to deal with God for them, and with themfelvcs, 
 nion wit 1 us. j^ ^^^^j^ ^ ^^^ ^^ ^^^^^ ^^ ^^^^^ proper to gain them, and ex- 
 oner their confcicnces, waiting if pcradventure Gpd will 
 prevail with him, V/hocan tell if their making them fen- 
 fible ol their tender love and aitcftion to their perfbns, efpe- 
 cially to their fouls, giving them all due rcfpcft, and doing 
 them all the good they can, yet ftill difcountenancing their 
 fin, may in the end be blelLd of God for their good, Jud. 
 V. 2 ?.. 23. 2 Tim. ii. 24, 25. 
 Vlfiration a * § 'O* Seeing in the whole of this work, there is great 
 diificuk need of much prudence, zeal for God, and love to fouls, 
 
 work. . vifitation of families iliould be carried on with dependence 
 
 on God, and fervent prayer to him, both before the mini- 
 lier (et torth to fuch a work, and with the Vifited, as there 
 can be accefs to, and opportunity for it. 
 
 TITLE 
 
Tit, 9. Church of Scotland. 121 
 
 TITLE IX. 
 
 Of SanBificanon of the Lords D^y ; and oh f whig 
 Fajl and Tbankfyiving Drtys. 
 
 § I. nrHE SabNath is to be fan^^lfied by an holy refl'>^g HoxvtheSab- 
 
 ^ all har tiay. even frcii fuch world iv employ- 5?'^'^,;.;," i"'^ ^'^ 
 , • -^ 1 r ' 1 'j J lanctmed. 
 
 ments and recreatious as are lawiul on otn r days, ana 
 
 Ipendinf; the whole time in the pubiic and private exercifes 
 of Gou's v.or(l:ip, except fo much as is to be taken up in 
 the works of" neccfilry and mercy, as our Shorter Carechifn 
 bearcth, authorized by AiTcmbly, ^Aug 8. '6^8; from 
 which we may gather what the chjrch underflands by 
 fan^lifying or profnning of the Loru's day, and Co will ei- 
 ther approve or cenfure 
 
 § }. By rhe a6t of Adembly > 647, conccrnlnn; familv- iWv*:nhe 
 worfhip, dire^l: ■, the malt^ r of the family ought to take fan 5lL':ed in 
 care, that all within his charge repair to the public worflii • r- ■ "Lc iami- 
 which being finiflicd he is to f^c the reft of that day fpc nt 
 in the private and Iccret exerciles of piety Care is alio to 
 be taken that the diet on that day be fo ordered, that nei- 
 ther fervants be unnecefTarily detained from the public wor- 
 fliip of God, nor any other perfons hindered from fan^ti- 
 fying that day. Private preparation is likewlfe to be made • 
 for the Sabbath, by prayer and fuch holy exercifes, as 
 may difpofe to a more comfortable communion wiih God 
 in his public ordinances. See the Direftory. 
 
 § 3, When fome great and notable judgements are ei- J^T'^'^ ^''^ 
 ther infii^led or imminent, cr by fome extraordinary p.o- 1,!; '"^'. r '' 
 vocation notoriouUy del.rved ; as alio, when loire i^)ecuu ved. 
 blelhng is to be fougitt or obtained ; when great duties are 
 called for, or when fins are extraordinary for thei:* num- 
 ber or naiure, then it is that a church may injoin fafiing : 
 which is obferved by a total abfiinence, not only from all 
 food, (unlefs bodil, wcaknefs do maniftflly difable from 
 holding out till the fall be ended, in which cafe foiiewh.Tt 
 may be taken, yet very fparingly, to fupport na.ure w:^en 
 ready to faint), but alio from all worldly labour, difcour- 
 fes and thoughts, and from all bodily delights thouth at 
 other times lawful, rich apparel, ornamenis, and iuch like, 
 
 R , duriun 
 
122 Government OF THE Book II. 
 
 during the faft ; and much more from whatever is in its 
 nature or ufe fcandalons or offenfivc, as gadifli Jittire, la- 
 icivious habits and gcflures, and other vanities of either 
 fox : uhich the compofcrs of the Dire61:ory recommend 
 to all miniikrs in their places diligently and zealoufly to 
 reprove, as at other times, fo efpecially at a faft. 
 Iiitin^tion cf § 4- The Sabbath before the faft, the caufes thereof 
 tliefafc. Ma- are publicly read from the. pulpit, and the day of the 
 tciialsforpu- vi'tck intimated upon which it is to be kept. The people 
 bhc prayer.- ^^^ ^,^^^ ^^ ^^ earneflly exhorted to prepare themfelves 
 f(ir afBicting their fouls upon that day of extraordinary 
 Jiumiliution. iSo large a portion of that day, as convenient- 
 ly may be, is to be fpent in public reading, and preaching 
 uf the word, with finglng of pfalms, fit to quicken affec- 
 lions fuitable to fuch a dut}/, but efpecially in prayer, to 
 this or the like efTe<^ ; giving glory to the great majefty of 
 God, the Creator, Preierver, and Supreme Ruler of all 
 the Vr'orld, acknowledging his manifold great and tender 
 mercies, efpecially to the church and nation, humbly con- 
 felling fins of all forts, with their feveral aggravations, 
 juflifying God's righteous judgements, as being far lefs 
 ilvan our fins do deferve, yet humbly and earneftly im- 
 plorir.g his mercy and grace for ourfelvcs, the church and 
 ration, the Queen, and all in authority, and for all otliers 
 for wliom we arc bound to pray, (according as the prelent 
 exigency rcquireth) with more fpecial importunity and en- 
 largement than at other times ; applying by faith the pro- 
 niilcs and goodnefs of God for pardon, help, and deliver-^ 
 ancc from the evils felt, fcart-d, or deserved ; and for 
 obtaining the blefllngs which we need and cxpeft, toge- 
 ther with a giving up of ourfelvcs wholly, and forever 
 iiiuo the Lord, 
 vcrril f:>fl=; § 5" ^^'^^^dcs folemn and general fafts appointed by the 
 neral ami Aflaublics or their Commifiions, or by civil authority, 
 , -!ticu!av. upon application from fome church judicature unto them, 
 provincial fynods, prefbyteries, and kirk-feflions, m.ay ap- 
 point faft days to be kept within their refpe^live bounds, 
 as Divine Providence ihall ajminiftcr unto them fpecial 
 occafions. Likewiic families and particular perfons may 
 do the fame, providing iheir falls be not on thofc days on 
 which the ccngicgation is. to meet for public worfliip, 
 
 § (j. Our 
 
tional church. 
 
 Tit. 9. Church of Scotland. 123 
 
 § 6. Our fafling days muft: he indited for fuch canfcs y^"" }}^^ 
 111 \-i\ 11 • -III a r church liioulcl 
 
 as arc both clear and jiilt, and when it will be molt lor .^^ ^^^^,l ^^,^_ 
 
 edification ; for that, as other pofitivc duties, doth not al- tio;T= in ap- 
 ways bind : therefore the church is to take heed of ap- pointhigfalls. 
 pointing fafts through infinuations or folicirations from 
 llatefmen, left they be branded as tools, to fome who 
 would fad for ftrife and debate, that others who differ 
 from them about ftate-matters may be expofed to the odi- 
 um of the people, as ill country-men. 
 
 § 7. The caufes of the fall: enumerate in the a£l: of Canfes of a 
 Aflembly i6qo, November 12. were thcfe and the like. ^i'^t'-|^'^^lsna- 
 I. Perjury; dealing ireacherouily with the Lord, and be- 
 ing unfled fall in his covenant, 2. Unfruittulnefs under 
 the purity of do£irine, v»'orfliip ahd government, having a 
 form of godlinefs, but denying the power thereof. 3* 
 Abufe o£ God's great goodnefs and deliverance, eviden- 
 ced by a courfe of manifeil wickednefs, and Hiamc- 
 ful debauchery, fuch as drunkennefs, curfing, iWearing, 
 adultery, and uncleannefs of all forts. 4. The fu- 
 premacy, wliich was advanced in fuch a way, and to fucii 
 a heiglit, as never any Chriftian church acknowledged, 
 and v^'hereby theJnterefi: of our Lord Jcfus Chrifi: was en- 
 tirely facrinced to the lawlefs lu(ts and wills o^ men. 
 5. Abjured Prelacy was introduced, and'' the government 
 of the church was overturned, without the church's con- 
 fent, and contrary to the ftanding a6ts of our national Af- 
 femblies. 6. Compliance with that defe£l:ion, both in mi- 
 niflers and others, fome from a principle of pride and co- 
 vctoufnefs, or man-pleadng, and other? through infirmity 
 and weaknefs, or fear of man, and want of courage and 
 zeal for God. 7. Perfecution of the godly for non-com- 
 pliance with that (inful courfe : many faithful miniffers 
 were caft out, and many infufficient and fcandalous n;en- 
 thryift in on their charges, and many families ruined becaufe 
 they would not own them as their pallors. 8. Decay of 
 piety under the late Prelacy, fo that it was enough to 
 make a man be nick-nam'd a Phanatic, if he did not run 
 to the fime excefs of riot with others. 9. Atheifin, which 
 diibovered itfelf in fome by their dreadful boidnefs againlt 
 God, in difputing liis bchig, and providence, the divine 
 authority of the Icriptures, the life to come, and immor- 
 tality of the foul •, yea, and Icpffed at thofe things, i o. 
 Impofing and taking unlawful oaths and bonds : lawful 
 
 oaths 
 
124 GOVERKMENT OF THE Book 11. 
 
 oaths have been broken, uno;o^lyand confcience polluting 
 oaths have bren impofed and taken, whereby the co (ci- 
 ences of many through ihe land are become fo debauched, 
 tha: they ferule at no oath though many have been op- 
 prcfTed and ruined f<ir refufing them. 1 1. Ncglcft ot the 
 worfliip of God both in public, in privat. families, and 
 in fecret. i . Profanation of the Lord's day, fucceedtd 
 in ph^ce of that wonted care of llri£l and religious (an£ti- 
 fVrg of it. I :s\ The fhcdding of innocent blood. 14. 
 J"r.y.\c aid vnnitv, yea, vSodom's fins have abounded among 
 lis. ia!tne(s. fulnefs of breavf, vanity of apparel, and 
 ll:amefui fenfiiaiiry filled the land. 15. As ajfo. great 
 pe- verting of juilice, by making and executing unrighte- 
 ous {latures. » 6. Sileixc of miniftcrs in the time of fuch 
 a a.-ept defe(5tion, as well as too general a fainting among 
 pro;..!]ors : and as fome fhcwed no zeal in g;ving feafon- 
 si Ic and neccfiary leilimony againfl the dtfeftivins and e- 
 vlis of the time, nor ! eeped a due diJlance from them ; 
 io, on the other hand fome managed their zeal with roo 
 ]it(lc difv-retion and mceknefs. •7, 1 he abominable ido- 
 latry of the Mafs wa^ iet up in many places, and Po ifh 
 /chools er(ftcd, whereby fliameful advances were made 
 towards Popery. 1^, Great ignorance of the way of fal- 
 vaiion through the Lord Jefus Chrift. Though we pro- 
 tcfs to acknowledge there can be no pardon of (ins, no 
 petce and reconciliarion wi'h God but by his blood, yen 
 icvv know him, or fee the necefhtv and excellency of him, 
 and few cftcem, di-fire, or receive hi n as he is offered in 
 the gof. el : and aa few ore acqua'nted with faith in him, 
 and living by faitii en hin, fo few walk as becometh the 
 go pd, and imitate our holy Lord in humil ty, mceknefs, 
 le!f deni:il, heavenly min-^cdnef?, enl for God, and cha- 
 rity towards men. ; c. Great cc tempt of the gofpel, 
 barrcnncfii und. r if, and»a deep flcurity under our fin and 
 dtingcr '(. "l hou'h the Lord, by caf!ing us into the 
 lurnace cf affl clion, hnth been giving us a fight of the va- 
 nity of all thirds befide hi felf, yet, to this day, there 
 is a woeful flltifiinefs a-- ong us, e\ery one feeking his 
 own things, few or none the tirngs of Jeius Chrifl, the 
 public good, or o' e ant.-ther's \vcli"are. 1. A bitter fpirir 
 of cenfurioul cJ";, w'lereb tli": no ^ pare are more ready 
 (p carp at the iini and defections of others, than to re- 
 pent 
 
 1 
 
Tic. 9. Church. OF Scotlaiid. 125 
 
 rpent and mourn for iheir own. Thcfe, and the like, 
 were the caufes of the fall in the year 1690, and to them 
 the falls appointed fince do ordinarily refer. See alb 
 bow tlie land exprefltd the fenfe it had of the guilt of all 
 ranks in the folcmn acknowledgement of public fins, and 
 breaches of the covenant ; and a lolemn engagement to all 
 the duties contained therein ; namely, thofe who did in a 
 more fpecial way relate unto the dan^jcrs of that time. 
 ASi of the commiflion of Affembly Oftober 6. 164H. for 
 renewing the folemn league and covenant, ratified by the 
 AOembly thereafter. 
 
 § H. Albeit by the treatifeof fading, emitted by the Af- No fa^ to be 
 fembly 2-th December 156^, the Sundays were appoint- o^theLor4's 
 ed for fame fafls, as being for the greater cafe of the peo- 
 ple; and fince, by the lafl a£i: of Affembly 1646, afaft 
 is appointed on the Sabbath next except one, preceding 
 the then following Gene al Aflcmbly; yet feeing the work 
 to be performed on the firfl: day of the week is by divine 
 inihtution already determined, we ought to fez about it 
 exa£lly, which we all acknowledge to be a thankfgiving 
 and not a fafh Extraordinary duties are rot to interfere 
 vi'ith the ordinary, nor is one duty to fliuifle out another. 
 If either fliould be allowed, it would look ibmewhat like 
 the reverfe of redeeming the tiine, for thereby diligence 
 is rather diminiihed, than doubled in the fervice of God. 
 
 § 9 Days of thankfgiving being intimate on the pre- Thankf^iv- 
 ceding Sabbath, lor fume deliverance obtained, or mercy ino; days how 
 received, are wholly to be fpent in the public and private obierved. 
 exe ciles of divine worfliip and praifes : the people are to 
 rejoice with trembling, and to beware of all excefs in eat- 
 ing or drinking. And demonllrations of civil mirth, fuch 
 as ringing of bells, firing of guns, bonefires, and illumi- 
 nating of windows, fliould n< t be intermixed with the re- 
 ligious duties of that day : but as upon fafts, fo upon thofc 
 days, there fiiould be liberal collec^iions for the poor, that 
 tneir bowels may blefs us, and rejoice the more with lis. 
 In tlie 6th fc6tion, the church was cautioned againfl ap- 
 pointing falls for flrife and debate, io I hope they Ihall 
 be dire6ted to avoid injoining of thankfgiving days from 
 ^ivy faife or unjuit ends. 
 
 TITLE 
 
126 Government of the Book II. 
 
 T 1 T L E X. I 
 
 Of ColleBions and Recommendations for the Poor. 
 
 V'hencollec- § '-T^Y the aft of AfTcmbly nth Angnft 1648, coi- 
 tions for the LJ IcftinnG fur the poor, in time of divine fervice, 
 j-ooi- ;ire (which I's praftiled in fbme churches abroad) aredifchar- 
 ged, as being a very great and unfcemly difturbance there- 
 of. And kirk-fcffions are ordained to appoint fome other 
 way for receiving thefe collections. The method now or- 
 dinarily taken is this: the eiders or deacons do collect at 
 the church-door from the people as they enter in, or elfe 
 from' them when within the cliurch, immediately before 
 pronouncing the Mcfhng, and after divine fervice is ended. 
 Extraordlna- § ■^- Befide thcfe ordinary colleftions for the poor, there 
 ry colledi- arc frequently extraordinary collodions made for chari- 
 ^"^- table and pious nfes; particularly, by fcffion 10, Alfem- 
 bly 1704, there is an act for a voluntary contribution, by 
 way of fubfcriprion, in each prefbytery, for gathering from 
 noblemen, gentlemen, and other charitably difpofcd people, 
 for erefting Englifii fchools, and educating youth in the 
 Highlands and lilcs. • 
 Recommen-^- § 3, For preventing nnneceflary begging, or inipoGng 
 aiionsarclor upor, charitable people, no church-judicature is to give 
 time "' recommendations for charity to any without their own 
 bounds ; and ihcfe recommendations are to be only for a 
 definite time. Allcmbly 1693, feilT 17. 
 
 T I T L E XI. 
 
 Of Provifion for Schools and Univerfities. 
 
 How falaries § I. "OY Kiiig William's pari. fefT 6. cap. 26. it is appoint- 
 for fchocl- JL/ cd that there be a fchoolmafter and fcliool in evc- 
 
 eftabliil^'T 0' P^'''^'^' ^"'"'s ^^^ "o^ under ont hundred merks, nor above 
 two, to be paid by the htritors and lifcrenteis of the pa- 
 riili, who arc to have relief ior the half of it off their te- 
 nants ; and that letters of horning be therefor dircfted at 
 the inflance of the Ichooimaflcr, conform to the propor- 
 tions due by the heritors, laid on by the, major part of 
 them; (I fuppofc, convened by public intimation from 
 the minillcr in the pulpit, by order or advice of the fcf- 
 fion) 
 
Tir. II. Church of Scotlahd. 127 
 
 rfion) or, failing of whom, by any five commiflioners of 
 fupply within the fhire, upon the preioytery's application 
 to them ; and the heritors for the falary are to be ftinted 
 conform to their valued rent. Item, Provifion for fchools 
 and fchoohnaflers are declared to be a pious ufe, to 
 which patrons may employ vacant ftipends, at the fight of 
 the flierlff of the bounds. Excepting from this aft the 
 Hi pends vacant in the fynod of Argyic, becaufeofthe 
 aft, pari. William and Mary, fed 2. cap. 24. in their fii- 
 vours. And by the 10th aft, AfTembiy 1699, it h re- 
 commended to the feveral prefbyrcries, to ufe their en- 
 deavours, that fchools be erefted in every parifli, conform 
 to the afts of parliament, and afts of Aflernbly, and it is 
 recommended to fynods to fee this cbfcrved. 
 
 § 2. By the forefaid 26th aft, and Jikewife by the i4th^^^"°'*^^y^" 
 aft of the fame fcffion of parliament, the privileges grant- "^ ^^^^^^ ^"' 
 ed to miniflers for their ftipends, viz. That there be no fuf~ 
 pcndon, except on confignatlon, are extended to unlverlities, 
 fchools, and hofpitals, for the ingathering of their rents and 
 debts. See more of this on the title of mortifications and 
 minillers flipends. 
 
 § 3. ^Vhen the Direftory was eflabllflied, by which pu-xhe maiite- 
 bllc reading of the fcriptures was committed to the preach- nance for 
 ers ; and fearing left the maintenance on that pretence fchool-ma- 
 misht be withdrawn from the read.js, the AlTemblv tlitj^^^i's and pre- 
 
 • ■ y ' cciitOTS lo 
 
 Augufl 6. 1049, require the prefbyterles, to fee that none continue 
 of the maintenance given to fuch readers, precentors, and though they 
 fchool matters, be taken from them, iiotwithftanding tl^t ^^^'i i^ot^- 
 recommended alteration in the Direfftorv. 
 
 § 4. A tack or leafe of teinds, fet by an unlverfity for H"w far uni- 
 a definite time, with an obligement to renew the fame in ]i^^^^^'^^^'^ ""^ 
 all time thereafrer, was found not cf^cftual after the defi- ^j^^jjf j-^^jj^j^ 
 iiite time was expired ; though the fame rent was received 
 for fome years after, that was not iuRaincd as an homolo- 
 gation, but as a t«icit relocation. See Stair's Inflit. p. ^01. 
 ib that after the definite time is expired, they might in- 
 creafe the tack -duty. 
 
 §5.80 careful have our fovcreigns and parliaments E^-ti-aordina, 
 been for the fiouriflilng of ihefe feminaries of church and ry fupj^Iy for 
 fiate, that for their provifion and bettering of their ftocks, ui'iverritics 
 they have fometimes, upon the ofl'er made by the clergy, ^'^'^ t^'iyols. 
 ordained forty- pounds, or 6 per cent, out of every thoufand 
 
 nierks 
 
raS Government of thb Book II. 
 
 merks of minifters rents, to be paid yearly for five years,| 
 Car. 11. par i . fffC. ':^. cap. 2 i.and at other times vacant fti-' 
 pends are alligncd for their better provifion for a time, Car. 
 li pari. 2. ltd 3. cap. mj. ]a. Vll. pari. 1. cap. 18. 
 They have Jikewile impofed a cefs upon the kingdom for 
 prelcrving of fome univcrfitics, Car. II. par.;:?, cap. 23. 
 Now the univerfities, by gifc under the great fcal, dofhare 
 liberally of the biiliops rents, and fome of them have lu- 
 crative and eafy tacks of certain bijQiopricks, and large 
 allov-ances too, even out of thefe tack-duties, fometimes 
 for laiaries to new profleirions. 
 
 TITLE XII. 
 
 Of the Immunity and Union of Churches, 
 
 Local ptivi- § I. "DY the canon law, there are certain imnniniries or 
 IccTfs wiihm J-/ privileges granted within church-walls and church 
 
 chnrch-vvalls yg^dg, called local, fo as that fecular judges wirhin that 
 ■what and bounds Can CO ;;nofce upon no civiJ or ciiminal aftion : al- 
 ii ow far ex- fo, tr.at no incorporations, councils, or fairs, meet or hold 
 tended. there : that there be no univerfity difcourfes there: that fe- 
 
 cular affairs be not the fubjeft of any converf-tion there : 
 moreover, that there be no feaflings there^ and that thefe 
 bounds be fan£tuaries jo the guilty flying there for refuge, 
 and they are not to be pulled thence to punifhment, unlefs 
 the attrocity of the crime be fuch as may induce the church 
 ^1^ furrender them. This privilege is alfo extended to the 
 houfes and palaces of bifhops. The temple of Jeiufalem 
 was built by God's dire<5tion, it was dedicated by man, and 
 God's acceptation of it was teftihed. it appears by Johr»^ 
 ii. 19. that it was an illuOrious type of Chrift's body, and 
 by the i 6th ver. we find that our Lord refentedthe profa- 
 nation of that holy place. Yet, notwithftanding of all that, 
 God duth fo abhor proud and malicious (inncrs, that he 
 commands them to be taken from his altar that they may 
 die, Ex. xxi. 14. and Joab was flain in the tabernacle of the 
 Lord, I Kings ii. 31. jut that fpecial kind of refpc<Si: 
 which was due to that hallowed and typical temple, is not 
 communicate, extended, or confined to the places of wor- 
 ihip under th>2 New Teflamcnt, John iv. 2 i. 
 
 § 2. Like- 
 
Tit. 12. Church of Scotland. 129 
 
 § 2. Likewife by the canon law, there is another immii- pj^j.fona] im- 
 nity or privilege, called pcrfonal, granted to the clergy, munity, how 
 fuch as, that they are excufed from accepting to be lu- f^u- alloved 
 tors or curators, and that none in facred orders fhall be li- toummteis, 
 able to the payment of public burdens, i acknowledge, 
 miniflers ought not to be fo impofed upon as to be perplexed 
 with fecular alTairs, and far lefs fhould they ever do it of 
 choice: And albeit the vocation of a paflor, his commifrion 
 and inflrudions relating thereto, be all of a fpiricual na- 
 ture, and of divine original, yet their perfons, edates, and 
 behaviour, confidered in a civil capacity, are, according 
 to fcripture and rcafon, fubjefi: to the civil government. 
 Their perfons are accounted fo facred among our people, 
 find they judge themfelves fo fecurc from that venerable 
 imprcflion, they very well know, is generally received 
 cf their character, that they rarely make ordinary jburnics 
 v/ith arms, as gentlemen and other travellers do. They 
 are by law dill exeemed from attending the king's hoft, ex- 
 cept the nation become fo miferable, that necellity or their 
 ov/n fecurity oblige them : And even in that extraordinary 
 cafe, they may, if they pleafe, only a£t in the army as 
 miniflers or chaplains. Since the year 1689, both poll 
 and hearth money have been impofed upon miniflers by 
 authority of parliament. 
 
 § 3. by the canon law on this title, two churches may When 
 be made one, when the maintenance is fo inconfiderable, ^^""^^.'l'^,^ ^ 
 that two paflcrs can have no ccmforrable living upon them, to be' united, 
 or when one of them is become defolate by the.fword of 
 an enemy, or the num>ber of parifi:!oners fraall or very 
 much diminiflied. In w^hich cafe it would be for the 
 greater good of the church, if two fuch fmall charges were 
 reduced into one, providing the benefice of the fmall charge, 
 now united, be not condemned to any fecular or other u(e, 
 but only applied to maintain a paflor in a new ere6iion, or 
 elfe a collegue in fome num.erous congregation ; fortwocom- 
 petent llipends are not to be united, tiJi there be no need 
 for any new erection or augn^ientation in the church. 
 
 § ^. If the heritors and ciders of two kirk-feflions fhall Whenprefbj-- 
 anree to the unitinc: of fome parts or fldrts of one of the pa- tenesmayau- 
 rifhes to another, or to tranf plant the church from one part ^^ avAon or 
 of the lame parifli to another part therein, for the peoples tranfplantati- 
 greater eafe and convenience, in that cafe, the prefbyte- oij ot church- 
 es ry, ^'' 
 
130 Government of the Book II. 
 
 ry, upon application of the parties concerned, may, for a- 
 ny of thcfe ends, interpofe their authority to their agree- 
 ment, providing they find it may tend ro the greater cafe 
 and cdificarion of the people j and providinu" thefe he Hill 
 two diftinft parillies, and the quantity and quality of both 
 fiipends prclerved undiminiflicd and unaltered. What I 
 here propolc is conform to the ;;,th art. cap. 7. of the ] rench 
 church diiciplinc, in thefe word?: " X he colloquies and 
 " fynods Ihall deliberate of lin)iting the extent of places 
 *• wherein each miniller lliall exercifc his miniftry." 
 
 TITLE XIII. 
 
 OfClmrches, Church-dihsy ManfeSy I'ards, Glebes ^ 
 Bells, U ten ft Is f Ornaments , Books, and High- 
 roads to CbiircL'cs, 
 
 What a § '• ^^^ HuR CUES are public houfes ere £tcd for public di- 
 
 churchis,and ^"-^ vine woriliip, and for hearing the preaching of 
 
 by whom to the word of God; they are to be repaired out of the va- 
 
 pe repaire , ^^^^ ftipend ; for that • 8th aft,. Jam. Vll.par. 1 . is neveryet 
 
 in fo far rescinded : and when the vacant ftipends faH, the 
 
 burden of building and repairing the church doth lie upon 
 
 the heritor:-, vvhethei v^efiding in the parifh or not. The 
 
 majority of thefe that meet, muft ftent themfelves for that 
 
 effeft, according to their rents But if the heritors refufe, 
 
 being required thereto by the minifter from the kirk-fef- 
 
 (ion, the Lords of feffion, by a bill given in by the minifler^ 
 
 will grant watrar^t to him and his feffion to convene at a 
 
 certain day, for trying vvh.u fum will repair the church, and 
 
 to ilcnt the heritors in that fum conform to rheir valotd 
 
 rents, and to appoint a colleftor to ujjiift the fame. But 
 
 before the making up of that ftent-roll, the heritors ought 
 
 again to be publicly advertifed to meet, and then to make 
 
 The fame. If, after this order is ufed, they fail, the fef- 
 
 lion then concludes the flcnt, and letters will be direfted at 
 
 fheir collector's inflancc, againft the heritors for paying the 
 
 proportions they are dented in Stair's inltit. p. J92. and 
 
 aft ult. par. j. Jam. Vl. 
 
 V' u . } ^ '^' Church-yards are dormitories for human bodies, 
 
 and yard* ^^^ ordinarily that fpct of ground within which the church 
 
 <uke£. li^Qds. Our law allows to church -yards eaual privileges 
 
 with 
 
Tit. 1 5* Church of Scotland. i^i 
 
 %iv'ith churches, in many tilings; particuhrly, that the raif- 
 ing of tumults or frays in time of divine fervice in church- 
 es, or church- yards, is'punilhed with lofs of moveables, 
 - viR 17- par. It. Jam, VI. The churcU-yard is fenced 
 with dikes, partly for ornament, and partly as a preferva- 
 tivc to the dead bodies from being digged up or torn 
 by beads. 'Ihc only right that miniilers have to the grafs 
 gr' wing in the church-yards, is, that they may caufe their 
 fervants cut it, and hinder others fr >m doing fo; the he- 
 ritors are obliged to repair the church-yard dikes with 
 iloneand mortcr, two ells high, vvitii fafiicient fliles and 
 entries; and the Lords of feffion are obliged to direftlet- 
 ters of horning againft them for that cfl'ect, cap. 232. par. 
 15. Jam. VI. 
 
 ^ 3. The minifter, at the fight of the presbytery, or fuch ^^^'i'" are Ik- 
 
 of their number as they fnall appoint, with two or three °^^ *^<^ '^'-"/"• 
 j-r r L n l -i 1 • 1* and repaic 
 
 diicrect men or the parijh, may build or repair his own maniV-s^ 
 
 manfe upon the cxpences of the heritors and lifercntcr:^ 
 who are refpcftively liable to reimburle him of what he 
 truely and profitably hath beflowed that way, urilefs they 
 offered to contribute their own materials, and he rcfufed 
 them : See Mackenzie's .obfervations on the 48 acr, par. g. 
 Jam. VI. Where there is a competent manfe already, the 
 heritors muft repair it once fufflciently at the miniifers en- 
 try, v/ho is thereafter to uphold the lame during his in- 
 cumbency, and they out of the vacant (lipcnd, in time of 
 the vacancy, aft 2 i.'par. i. feff 3, Car 11. As the mi- 
 . nifler is obliged to leave the manfe in as good condition as 
 he entred to it, fo before he can be made liable fo to do, 
 the heritors ought to move the presbytery to pafs an ac^t 
 in their favours, to declare it a free manfe •, but before the)/" 
 xan pafs any fiich aft, a committee of their number m.nll: 
 vifit it, after it is built or repaired, and find, upon the dc- 
 politions of four defcreet workmen, who underfland that 
 work, but have nos been emplo^^ed therein, two whereof 
 to bechofen by the heritors, and other two by the mini- 
 fler, that the building or reparation is fufficiently finifhed. 
 And if there be any materials left, or money remaining net > 
 expended, after that is declared, the fu per pi us belongs to 
 the heritors. If the miniffer be not able or willing to ad- 
 vance that money, v/hich has been declared to be ncccfTar}'' 
 for materials and workman- fliiip, or if heritors refufe to 
 
 S .2 meec 
 
132 Government ofthe Book II. 
 
 meet and ftent themfelves for that effeft, then what fhoulcl 
 hinder the minifter to take the fame courfe, and obtam the 
 i'ame redrefs that is granted againd refufers to build or re- 
 pair churches, as in § i- Sc.z 
 How much § 4- 1^ is ufua] to aliow half an acre of ground for manfe 
 cxpcnce and and yard. The manfe is not to exceed looj pounds, nor 
 ground for {q be under 500 merks of value, Miniflers hold their 
 jnaHc, yard, j^^jjj^fgg g^-jj gjcbes of none but the King. Glebes are to 
 and tlcoe. ,-n /- /• '-' r 1 t • r •'?• .- 1 • 1 r 
 
 conlilt of rouracresor arable ground; railing oi: which, Iix- 
 
 teen (bums grafs of the beft and moll: commodious paftu- 
 rage of any kirklands within the panlTi, Jam Vi. par lo. 
 . cap. 7. and by the 2 > aft par. 1. \ciT. 3. Car. II minillers 
 (excepting minillers of burghs royal where there is no land- 
 ward parilh, and who have no right to glebes) are to have 
 grafs lor one horfc and two kine, or elle, that the heritors 
 pay to the minirter twenty pound-: yearly. 
 L.eiivnation § s Manfcs and glebes, where thty have not been defign- 
 of j;round % cd, or not the full quantity, are nowdefigned by the prcf- 
 manics and |^yj^j.y^ ^^ their Committee, with two or three difcreet men 
 ' 6f the parifh. The minifter, or a procurator in his name, 
 
 receives infeafiment therein from the moderator, upon 
 which he takes inftruraents in the hands of a nota:y, or 
 of the clerk of the presbytery. And upon a petition gi- 
 ven in by the minillertothe Lords of feffion, with the a£l: of 
 defignation and inflrument, they will interpofe their autho- 
 rity for removing the heritors ai^^d polTeflors of the lands 
 dcfigned, in terms of the 48. aft, par. 3. Jam. VI. by grant- 
 ing letters of horning, to charge them to remove within ten 
 days. And glebes are defigned with freedom of foggage, 
 fcuel, feal, divot, loaning, free ifh and entry, and other 
 privileges, according to ule and wont. Jam. VI. par. 13. 
 cap 161.. * 
 
 How the he- § 6. The proprietors of the lands defigned mull get re- 
 fnT' d^r^" r"'° ^^^^' off the red of the heritors of kirk- lands, 
 
 ^ch)btain.^re- ^'i^'""" ^^'^ parifli, if the defignation was out of kirk-lands, 
 ]ief. and they not being the glebes and manfes of old pertain- 
 
 ing to perfons or vie irs ; for there is no relief competent 
 tQ the feuers or tacklincn of inch lands, except only a- 
 gainit fuch as have feus of other parts of the faid old glebe 
 or manfe, aft 199. par. 18. Jam. VI. When the defignation 
 is out of temporal lands, the rell ofthe heritots of tlie like 
 lands are to contribute proportionally for relief thereof. 
 
 §7. It 
 
Tit. 13. Church of Scotland. 133 
 
 § 7. It would look more impartial like, and refemble Seats com- 
 more that humility, love, and fimplicity recommended to monandpar- 
 Chriftians by the apofl;lc(Jam. ii. i.) and would look liker accuircd^Tnd 
 the fubje6ls of Chrift's kingdom, which is not of this world, how burden- 
 if church members would take their feats in the church cd. 
 without refpecl of their civil charafter, as they do at the 
 Lord's table. Some feats are built and repaired at the ge- 
 neial charge of the parifli, in which all have a common in- 
 terest ; and there are others, which particular heritors have 
 built for their own ufe, with confent of the kirk-fedjon, or 
 which they have prefcribed a right unto by forty years 
 polJeffion. In feveral burghs royal within this kingdom, 
 the difpofal of all the church feats, at lealt upon the bounds 
 at firlt allotted to them for their inhabitants by the kirk fef- 
 fion, is thereafter ordered and parceled out by the town 
 council, and burdened with certain yearly fums for a mi- 
 nifler's ftipend, and where the fears are difpofed upon to 
 burgelTes witlx)ut that burden -, and it be found that v/ith- 
 ont it there cannot be a competent flipcnd to the miniders. 
 The difpofuions and rights fo n\adc, may, no doubt, be 
 reduced on that head ; for it was never the intention of 
 the kirk-felfion, who gave thefe rights, to authorife an ab- 
 folute alienation of feats, to the ob(lru£ling and preventing 
 funds, for maintaining the public preaching of God's word, 
 
 § 8. The keys of feats are to be l;ept by beddals, that Beddals 
 
 when the proprietors are abfent, fuch as want feats, or ihould keep 
 
 throng the feats of others, may be accommodated for the ^^^ ^^y^ ^^ 
 
 time ; but in cafe the owners be fo litiie concerned with ^f^ ^' ^" 
 
 . ... why* 
 
 religion, as not to countenance the public v/orfliip of God, 
 
 or averfe to ferve fuch as attend upon it with their empty 
 feats, the people that want accommodation cannot be bla- 
 med to poilels and occupy that void in their abfencc ; 
 and if the owners, or others by their order, fliall offer to 
 difpolTefs theni violently, efpecially in time of divine fer- 
 vice, they ihould be profecuted as difturbers of public 
 u jrlhip, both before the civil magidrate and church ju- 
 dicatures. 
 
 § 9. The heritors are bound to pay for, and are dated .^yj,^ ^^^ ^j^^ 
 in the property ©f the bells, books, utenfils, and orna-pj-opnetorsof 
 ments of the church ; but the minifter and kirk-feflion, to hells, books, 
 whofe cuftody they are committed, may purfue for any ^^• 
 of them that arc abltrafted. A charge for a ftent impo- 
 
 fed 
 
134 
 
 Government of the Book II. 
 
 fed for buying of bells to a church within a burgh royal, 
 harh been fuliained againft the landward heritors, albeit 
 the burgciies and indwellers would have more advantage 
 by them. See the new treatile on church lands, p 212. 
 Klrk-roads. § 10. Ev^ry one mufl have feme way to the church, 
 but cannot pretend to any fpecial way, as* the nearell, 
 through another man's land, without proving imn^emorial 
 poflcliion, which is reckoned fony ye rs, offuchagte 
 or paflage ; and to make up this immemorial poircilion, 
 a pcrfon will be allowed ro conjoin his prcdccelTbrs p-ilef- 
 fion of that road with his own. See the forecited book, 
 p. 212. 
 
 TITLE XIV. 
 
 Of l^ithcSf Stipends, and Mortifications* 
 
 Wliat is § I. nPHE maintenance belonging to mlniflers for 
 '"^^"'-/'J '■ -^ their labours we call fiipends; but more coni- 
 
 (ice and the ^^^^y> and by the canon law, they are named benefices, 
 church's pa- Calvin, in his Lexicon J uridicum, tells us, that the re- 
 trimony. wards and privileges given aiid granted of old to foldicrs 
 for their fervice, were called benefices and (tipcnds. The 
 canonifts define a flipend or benefice thus : " Eft jus per- 
 " petuum pcrcipiendi fruclus ex bonis ecclefiafticis, prop- 
 *' ter aliquod officium fpirituale, auftoritate ecclefite con- 
 " ftitutum." Whatever belongs to church-men is like- 
 wife called the patrimony of the church, the word figni- 
 fying an inheritance left by a father-, becaufs, when le- 
 giflators or private perfons do authorife or deftinate fuita- . 
 ble encouragement for the comfortable life of church- 
 guides and paftors, they do, in fo far, a(ft the part of nur- 
 fing fathers unto the church. In the 9th chapter of the 
 Policy of the Kirk, they comprehend, under the churches 
 patrimony, all things given, or to be given to the kirk, 
 and fervice of God, as lands, buildings, pofTcOlons, anna- 
 alrcnts, and all fuch like whereuiih the kirk is doted, ci- 
 ther by donations, mortifications, or any other lawful 
 titles, together with the continual oblations of the faith- 
 ful ; as alfo teinds, manfes, glebes, and fuch like ; which, 
 by the common and municipal laws, and univerfal cuftoms, 
 are poflcfTed by the kirk. And to take any of this patri- 
 mony, 
 
Tit. 14. Churchof Scotland. 135 
 
 mony, and convert it to the particular and private life of 
 any perfon, is reputed a deteftablc fucrilegc before God 
 by our church. 
 
 § ?., The work of the miniflry is a warfare, and it is Thatflipenda 
 not ordinary for foldiers to maintain thcmfeives without ^^ ^^^> f^^ 
 pay, I Cor. ix 7. and the light of nature teacheth, that competent.^^ 
 the labourer is vv^orthy of his hire. By the : • d article of 
 cap. I. French church-difcipline, it is found, that niini- 
 fters who are rich, and have of their own, fhould, never- 
 theleis, take wages of their flocks, \ei\ their example do 
 prejudice to other paftors and churches. And Mackenzie 
 and Stair, in their Inftitutions, do maintain^ that fome 
 part of our goods is due, by divine right, towards the 
 maintenance of the clergy ; but that the proportion may 
 be determined by human laws, according to circumfiances. 
 By the ic,th aft of parliament 'fi^g, all miniders are ap- 
 pointed to be provided with fufBcient ilipends, being eignt 
 chalders of vidua!, or eight hundred merks at leaft be- 
 (ide manfe and glebe, except in (ingular cafes referred to 
 the comniiTion for plantation of kirks. In fon^:e places of 
 Scotland, minifters niay maintain their families for lefs 
 than the half, v/hich iTiufl: be allovi^ed 10 m.aintain the fame 
 families in other parts of the kingdom. Seeing minifters 
 do deny themfelves to the gain of civil employments, 
 whereby they might have a more unlimited profpefl:, not 
 only of maintaining their families, but of purchafing ftocks 
 for their poiierity, therefore the Dutch cullom is not un- 
 rcafonabie, which ailoweth to minifters fo much for every 
 fon, in order to his better education and breeding 
 
 § j\ The canon law defines tithes thus: '' Eft quota Tithes the 
 *' honorum mobllium, licite quseiitorum, pro facerdotibus ^^"'^ ^°^"^^' 
 " Dui, ip'ius locum in terris lenentibus, tarn divina quam ^^^ 
 *' humana conftitutione dcbita." Minifters ftipends, and 
 augmentations thereof, are legal burdens, and the main one 
 to which tcinds are liable; againft which no title or right 
 v/haifoever can (ecure : and the truth is, till Oi.ce the pa- 
 rifti'minilier is fufliciently provided, no perfon can fafely 
 buy his own teinds ; for they are always fubjecl to be e- 
 victed for that end, by the common law and our cuftom, 
 ei'cn after the heritor has bought him. See that new urea- 
 tife on tifhes, p. 340. By William and Mary's pari. CeiT. 
 
 4« 
 
136 Government of the Book II. 
 
 4. cap. 24. it is appointed, that teinds belonging to their 
 q e t"th s I^^jciVics, by the abolifliing of Prelacy, fo long as they re- 
 cannot be main undlfponed, as likewife teinds belonging to colleges 
 fold, but only jH^d hofpitals, or deftined to pious ufes, are not to be fold, 
 valued. ^^^ n, ay only be valued, and made liable thereafter for 
 
 payment of the valued duties. 
 Plantation of § 4. Former parliaments referred to their commilTions 
 kirks remit- the plantation of kirks and valuation of teinds ; but no-A^ 
 T^^ A^ r^q r ^^^^ ^^^ rcfTicn of the laft parliament, have, in place of all 
 lion ' further commifTions for fuch matters, impov^^ered and ap- 
 
 pointed the Lords of feflion to judge in all affairs and cau- 
 les, vi'hich by former laws did pertain to the cognizance 
 and jurifdi£tion of commilTjons of parliament : only they 
 are rcflriftcd from tranfporting of a kirk without confent 
 of n'.ofl: ot the heritors of the pariili. Every Wednefday 
 afternoon in time of feflion, the Lords meet to call and dil- 
 cufs fuch caufcs. 
 How long § 5. By the <^,th aft, pari. 22. Jam, V. bifliops are dif- 
 
 cliur :li-men charged to fet in tack longer than nineteen years, and in- 
 "^^^ ^'■'■^'^ ^' ferior beneficed perfons for longer fpace than their own 
 lifetime, and five years thereafter (except the commifiion 
 authorife it) under the pain of deprivation; and further, 
 the contravcncrs declared infamou?, and incapable of any 
 church office. . Longer tacks were ordained to be regldrarc 
 within forty days, in a particular book to be kept by the 
 clcrk-repifter for that effeft, otherwife to be null. And 
 where it is iaid, that the inferior clergy can fv't tacks to 
 run five years after their deceafe, that is always to be un- 
 derffood with confent of the patron, obtained either before 
 or after the fctting of the tacks: for vi'ithont that they can 
 fet but three years tacks, aft 15. par. 23. Jam. YI. and 
 that the ecclefiadical rents may (lifiice to their ufes, all ali- 
 enations, fetting of feus, or tacks of the rents of the kirk, 
 as vvxll lands as teinds, in hurt and diminution of the old 
 j^.' rentals, ought to be reduced and annulled^ And likewife, 
 
 ! • that in all times coming, the teinds be fet to none .but to 
 
 the labourers of the ground, or elle not i'ci at all. See 
 cap. J 2. of the Policy of the Kirk. 
 The tenn of § 6. 7 he legal terms of paying or vaiking of benefices . 
 pavinent and ^j^j ffipends are Whitlunday, at which time the fruits are 
 
 pend"^*^ '"" ^^'^ ^" "^^ ^''''y ^'^^'^^' ^^^ Michaelmafs, when they are 
 prcfumed to be fully i'eparated. If the incumbent's entry 
 
 be 
 
Tit. 14. Church of Scotland. 137 
 
 be after Michaelmas, and before Whitfunday, he hath that 
 whole year ; if after Whitfunday, the half of that year: or 
 if he die, be depofed, or tranfported before Whitfunday, 
 he hath no part of that year ; if afrer Whitfunday, and be- 
 fore Michaehnas, he hath the half of that year. 
 
 § 7. Although a benefice be vaik when a minider is Beneficesvaik 
 depofed, yet till the fame be intimate, the parilliioncrs may ^^^^ "vama- 
 pay their (lipends in to him, and his difcharges vviil de- fentenccs. 
 fend them. But after intimation is made, no payment 
 will be fuftained. See Stair's Infl. p. 15 «. 
 
 § b'. The annat due to the executors of deceafed mini- ^ ""a'"? what 
 
 Oers, is declared to be half a year's rent, over what is due ^'/''' A^ 
 , T r r^ r 1 • • t • 'r L r • whomit laiis. 
 
 to the defunct for his incumbency, to wit, it he iurvive 
 Whitfunday, the half of that year is due for his incumben- 
 cy, and the other half for the annat : and if he furvive Mi- 
 chaelmas, the whole year is duefor his incumbency, and the 
 half of the next year for the annat, and tiie executors need 
 not to confirm it, pari. 2. feC 3. cap. 15. Car. II. neither 
 can it be difponed to Grangers by the defunct, nor aire<fl:- 
 ed by his creditors, for it did never belong unto him, it 
 being only a gratuity which the law indulgeth, upon the 
 account that minifters are fiippofcd not to die rich The 
 annat divides betwixt the relift and the neareft of kin, if 
 there- be no children, and is extended to the profit of the 
 glebe, if there be no new intrant : Bat where there is an 
 inirant, the glebe belongs to him, and is no part of the 
 annat, nor did belong to the former minifter, unlefs it was 
 fown by him, and the crop upon it at the entry of the in- 
 trant. See .Stair's Inil. p. 306. 
 
 § 9. General letters of horning (fo called, becaufethey The privile- 
 do not exprefs nominatim the perfons to be charged) are gesofprocef- 
 ailowed upon decreets of locality, aft 13, feif, 2, pari. ^'^^ ^"" "^' 
 Will, and Mary ; and ihefe letters are effcftnal, not only ^ 
 againftthe perfons decerned in the decreets, but alfo againll 
 their heirs and fingular fuccefibrs poflefiing the lands af- 
 fefted with the locality. But fummar horning was not fuf- 
 tained at the inftance of a miniller's executor for his fti- 
 ptnd. Minifters poinding for their ftipends need not to 
 carry the goods, to the market-crofs of the head-burgh of 
 the proper jurifdiction, but may coraprife them on the 
 ground where they are, by honeft fworn men, aft: 11. feff 
 3. pari. I. Car. II. No fufp-enfions of fpecial decreets for 
 minifters ftipends can pafs, except upon produftion of dif- 
 
 T charges. 
 
ijS Government of the Bookll. 
 
 charges, or upon confignation of the fums charged for ; 
 and if viftual be the (ubjeft of the charge, one hundred 
 merks muft be configned for each chalder, and proporti- 
 onally where lefs than a chaldcr is charged, without preju- 
 dice to the Lords of lelfion to modify more or lefs at the 
 difcuffi^g, aft 0. feir i . pari. 2 Car. II. Anions for minifters 
 - If'pends commenced in inferior courts cannot be advocated. 
 Siifpcnfions of and actions for them before the feffion are 
 d Icufled fummarily, without abiding the courfcof the roll; 
 and fufpcnders, againit whom letters arc found orderly 
 proceeded, iliould be decerned in a fifth part more at leaft 
 than the fums charged for, to pay the minifter's expences 
 and damage, adc 27. fell' -,. of K.. William's pari. 
 Who dlfpcfe ^ jQ^ Although the power of prefenting .r.inifters by pa- 
 
 Oil VHCHllt lO" I I ■ T /' 1 1 1 • I 
 
 cal llipends ; trons to vacant churches be dilcharged, yet that is but pre- 
 and for what juclice to thera of their right to employ the vacant iHpends 
 liifs. on pious ules within the refpeiftive pariflies, except where 
 
 the patron is popifh; in which cafe he is to employ the fame 
 en pious ufes, by the advice, and at appointment of the 
 presbytery ; and in cafe the patron fhall fail in applying 
 the vacant ftipends for the uf s forefaid, that he fhall lofe 
 his right of adminiftration of the vacant ftipend for that and 
 the next vacancy, and the fame fhall be difpofed upon 
 by the prefbytery to the ufes forefaid, Excepting always 
 the vacant ftipends within the bounds of the fynod of Ar- 
 gyle ; which fynod is impowered to diipole thereof for train- 
 ing up of youth at fchools and colleges, and for other pi- 
 ous ufes, with confent of the heritors, Will, and Mary's- 
 Stipends pari, feff 2. afts 23. 24 
 
 quoadmodum §11. Minifters ffipends prefcribe, quoad modumprcbandif 
 ^"be"* ^'^v^* if not purfued within five years after the fame are due ; fo 
 ""'Cars. * ^^^^ ^^''^f' ^^^^ ^i^''^^ ^hcy cannot be proven to be refling un- 
 
 paid, except by the defenders their oaths, or by a fpe- 
 How bvgone cial Writ under their hands, acknowledging what is refting. 
 victual ftoiis ^ 1 2. A minifter havinci; charged for the payment of the 
 bolls contained in his decreet or locality, the debtor was 
 ordained by the Lords to depone upon the prices he got; 
 although he had offered the fiars by way of inftrument 
 within leven days after the charge, and produced receipts 
 of the charger and his preaeceflbrs^ for inflrufting that 
 they were not in ufe to uplift the bolls in ipfis cofponbui, 
 jt fecmi as unreafonable to obr.:;c a minifter to accept the 
 fiars from the heritors, as it were to oblige the heritors to 
 
 accejpt 
 
Tit. 14. Church of Scotland. 139 
 
 accept the fiars from their tenants. Yet I think the liquid 
 price of vacant ftipends, according to cuftom, is the fiar 
 of the refpeftive ihires : fee that forecited treatife on tithes, 
 
 pag- 427. 
 
 § 1 :?. The boils contained in a minifler's decreet, if ng According to 
 meafure be therein fpecified, fhould be paid according to whatmeafcre 
 the Linlithgow meafure : unlefs the miniftcr hath been thir- ^.J^be'paid? 
 teen years in pofleffion of uplifting according to another 
 meafure, or the modified ftipend would fall Ihort of the 
 quantity in the a£l of parliament by Linlithgow meafure ; 
 for in that cafe the minifter ought to be paid conform to 
 the meafure of the (hire in which the pariHi lies ; fee that 
 treatife on ciuirch-lands, p. 4?H. 
 
 § 14. An ecclefiaitical penfion is a certain portion of gcclefiaftkal 
 yearly rent payable for a time out of another's benefice, penfions, 
 Ecclefiadical penfions feem to have been introduced at wl^t. 
 firlt, as a mean of fubfiftance to incumbents, who, through 
 ficknefs or infirmity of old age, were turned unable to 
 officiate : foi fuch were allowed to refign their benefices, 
 referving to themfelves penfions out of them, as they 
 might live upon, fuitable to their former charafter. As 
 church-men turned afterwards more degenerate, and be- 
 nefices became merchandife, refignations and penfions up- 
 on trivial reafons were faltained ; fee book forefaid, page 
 J 60. 
 
 § 1 5. The pafloral charge, or the office of profeffor 
 of theology in fchools, is of that weight and confequence, bendices' rot! 
 that to difcharge any one of them fatisfyingly, will be to be tolera- 
 exercife enough to any honefl man, however fufficient, ted iu a con- 
 all the days of his life. By the canons of the fynod of ^^^^ute cluirch 
 T 1 /-M^ 1 • u'-n «' ' I and why. 
 
 London, October 2^. 1597, m billiop sparrows col- 
 
 leiflions, the extraordinary parts and merits of fome is pre- 
 tended for a ground to difpcnfe with a plurality. This 
 were relevant to be pra(5i:ifed fur fome time in ecclefia 
 conftituenda, where gifted men are rare : but to continue; 
 that cuflom in ecclefia conlHtuta, where gifts do abound, 
 it were to negleft both the maintenance, and like wife the 
 gifts of God that he hath bellowed on 'feme, and to over- 
 value the gifts he hath given to others, and hinder them 
 from difcharging of the duties belonging to one office e- 
 minently. There were in Chrift's time abundance of id'e 
 Pharilees, Scribes, and priefls, that fpent their time iii 
 
 teaching 
 
140 GOVERI^MENT OF THE Eook II. 
 
 teaching the people their rites, ceremonies and traditions : 
 but there were always but a few labourers in God's har- 
 veft ; hence Chryfollome thought that but few minilters 
 will be faved. What man or angel is fufficient for the mi- 
 nif^erial work ! But their fufficiency is of God. 
 Mortificati- § ' 6, By the 2 id a£l, Aflen-bly 1700, prefbyteiies 
 onsur.der the ^^^ ^^ ^^^^ notice, how fums of money mortified, or o- 
 infueifticn. therwife belonging- to the poor ef the parifli, have been 
 managed and applied from time no time, and if they fliall 
 find dilapidations of any fuch fums, that thofe guilty there- 
 of he purfued according to law, and the fynods are to fee 
 to the preiLyterics diligence herein. 
 Pious clonati- § 17, }--y cap. 5 pari. i. Car. I. gifts, legacies, or 
 '^^^ "^"i'; donations for j^ious ufes, muft not be inverted f'-om t!:e 
 rheywerede- fp^cific ufe deifinate by the difponer, and the perfons in- 
 flinate ty the irufted are made countable for the fame, and ordinary 
 oiiponer. profiis thereof to the kiiks, colleges, and others to whom 
 they are difponed ; and this is extended to all fuch difpofi- 
 tions as have been made fince the majority of King James 
 VI. and tliat letters be thereon direft. 
 Mortifications § 1 5^. That forccited book on church- lands, p 107. 
 ocght not to tells us, that Charles the Great difcharged ecclefiaftics to 
 e .^ccrp.e . g^^^^j. of mortifications, whereby children wouid in etfeft 
 of blood re- oe diiinneritcd ho good Augultine rcruled univcrlal le- 
 lations. gacies in favours of his church, when the tcrtator left chil- 
 
 dren or parents who n jght be prejudged and fuffer there- 
 by. Nor v/as this generofity of his fiigular, for a certain 
 man having no children, nor hopes of any, having gifted 
 his eftate to the church of Carthage, only with the refer- 
 vation of his own liferent, Aurelius the bifhop reponcd 
 him to his former right, upon the unexpected birth of a 
 fon . 
 The rcft'ifv- § '9« ^y t^e 29th aft, pari, r i . Jam. VT. popifh benefi- 
 jpfT of porifli ces a'-e annexed to ,the crown, or converted into civil uies, 
 mortificaii-. Confider that ihefe mortifications were fraudulently elici- 
 —.e^ndable ^^^ f'>'on\ pcrfons, impofed upon by ways and means of 
 but not tlinr pficll- craft ; and that they had been originally delVmate 
 niifa^rpljcati- to m nntuin an idolatrous and fuperftitious worfliip. Now, 
 ^Pr^/ ^^' it being the public interelt that none make a wrong, far 
 lefs a finf ul ufe of their property, it is incumbent on the 
 orthodox magiftratc, to convert what was mortified and 
 fraadiilently obtained for maintenance of idolatry, to the 
 
 maintenance 
 
Tit. 14' Church of Scotland, 141 
 
 maintenance of the true worfhip of God : and in cafe there 
 fhail happen any excrefcence, over and above what may 
 fupport the fame, and the minifters thereof comfortably, 
 then may not that be applied for fome honeft and necefla- 
 ry ufe in the republic, until the affairs of the church re- 
 quire the fame again. This is confirmed by the Policy of 
 the kirk, cap. 12. art. 14. 
 
 § 20. The vifitors of hofpitals are to be appointed by vifitors of 
 the fovereigns, a£l loi. pari. 7. Jam. V. and accordingly hofpitals and 
 by Will. pari. fe(f. 6. cap. 2q, there is a recommendation mortlficati- 
 10 his majefty to caufe vifit hofpitals, and inquire after °"VP \"^' 
 mortifications. This is renewed fefT 9. cap. 2 t . It would fovereian. 
 feem by the 27th a£l, pari. 2. Jam.I. that a£hons for bring- 
 ing patrons and others to count for their intromifTions with 
 the rents of hofpitals, may be intented at the Chancellor's 
 inrtance, efpecialiy in cafe no royal vifitation be appoint- 
 ed. 
 
 § 2 f. In the 9th and i ?th chapters of the heads of Po- a fourfoM 
 licy of the kirk, they allow of a fourfold diftribution of diflribution 
 the churches partimony ; one portion thereof to be alTigned "-'^^ ^fX^' 
 to tiie paftor for his entertainment and hofpitality : another kirk 
 to the deacons, elders, and other officers of the kirk and 
 kirk-fervants, fuch as clerks of Aflemblies, takers up of 
 pfalms, beddals, and keepers of the kirk, joining with 
 them alfo the doftors, and fchools, to help their old rents 
 where need requires ; the third portion to be beftowed 
 on the poor members of the faithful, and on hofpitals : 
 the fourth for reparation of kirks, and other extraordi- 
 nary charges as are profitable for the kirk, and alfo for 
 the commonwealth if need require. 
 
 . § z2. In the 1 2th chapter of that book of difcipline, Ptttrimony of 
 the coUeftion and diltribution of all ecclefiaftical goods or the church 
 patrimony, properly belongs to the office of the deacons, coUeded by 
 (fee the title of deacons) that the poor may be anfwered why'Jhey are 
 of their portion thereof,' and they of the miniltry live to rind cau- 
 without care and folicitude, as aifo the reft of the trea- tion. 
 fiire of the kirk may be referved and bedowed to their 
 light ufes. If thefe deacons be defied with fuch quali- 
 ficariops as God's word requires, there is no fear that they 
 will abufe their office. Yet, becaufe the giving fo great 
 truft to them, appeareth to many to be dangerous, let 
 them be obliged to find caution for their fidelity, that the 
 kirk rents be no way dilapidated. 
 
 BOOK 
 
142 
 
 Government of the Book III. 
 
 BOOK III. 
 
 TITLE I. 
 
 What an a- 
 poftate is. 
 
 The atheifti- 
 cal o]>inions 
 of Dcifls. 
 
 The punifh- 
 ments of fuch 
 Dcifts. 
 
 Of ^pojlacj, and atheiftical Opinions of Deijls, 
 
 § 1. yi PosTATES are thefe who altogether defert the 
 
 f\ Chriftjan Faith : Yet fometimes they are taken 
 
 for fuch as defert that holy faith to which they 
 
 are engaged at baptifm, and become profefibrs of a f alfe 
 
 religion. All heretics are not apollates. 
 
 § J. hy the 2; ft aft of Adcmbiy i6()G^ all minifters 
 are enjoined, where there is any apparent hazard of conta- 
 gion from fuch perlbns as are of atheiitical opinions; to de- 
 te61: the abominablenefs of their tenets ; fuch as, the deny- 
 ing of all revealed religion, and the grand myfteries of the 
 gofpel, viz. The doftrine of the Trinity, the incarnation 
 of the Son of God, his fatisfaftion to divine juftice, juftifi- 
 cation by his imputed righteoufnefs to them who believe 
 in his name, the refurrection of the dead ; and, in a word, 
 the certainty and authority of all fcripture revelation; as 
 alfo, their allerting, that there muft be a mathematical de- 
 monftration for each purpofe, before we can be obliged to 
 aflcnt thereunto, and that natural light is lufficient to fal- 
 vation. 
 
 $ 3. By the i ith a£i: of King William, pari. 169^^, it is 
 ordained, that whoever Ihall, in their w iting or difcourfe, 
 deny, impugn, or quarrel, argue, or rcafon, againft the be- 
 ing of God, or any of the pcrfons of the blclled Trinity, 
 or the authority of the holy (criptures, or the providence of 
 God in the government of the world, fliall, for the firlt 
 fault, be punilhed with imprifbnment, ay and while they 
 find bail to give public fatisfaftion in fiickcloth to the con- 
 gregation within which the fcandal was committed ; and, 
 for the fccond fault, the delinquent fliall be fined in one 
 year's valued rent, and the twentieth part of his free per- 
 fbnal eltate, befidcs his being imprifoned, ay and while he 
 give fatisfatlion again utfupra j and for the third fault, he 
 
 fhall 
 
Tit. 2. Church of Scotland; 143 
 
 fhall be puniflied with death as an obftinate blafphemer. 
 See title of Blafphemy : Accordingly one Aikenhead was 
 hanged for that crime betwixt Leith and Edinburgh, about 
 the year i6^;7. All judges and miniliers of the law are 
 injoined to execute this aft for the firli fault, and all infe- 
 rior magiftrares of fhires, regalities, ftewartries, and their 
 deputies, and magiHrates of burghs, are to execute this aft 
 as to the fccond fault ; and, as to the third fault, the exe- 
 cution thereof is remitted to the Lords of juiticiary. 
 
 TITLE IL 
 
 Of Papijls, '^takers, and Bozirignianijls. 
 
 $ I. A Ccording to the canon law, " H^eretici funt illi Heretics whf 
 
 ■^^ " qui Vance glorite principatufque fui caufa, fal- they are. 
 " fas opiniones gignunt vel fcquuntur," Anciently the 
 word Hcerefis was taken for a firm opinion, whether the 
 fame was good or bad. It is committed by Chriftians when 
 they pertinacioufly propa-ite or follow opinions contrary 
 to the received fundamental doftrine of the church. 
 
 § 2. That no man fnould be compelled by temporal pu- n -/i. 
 n;lhments to proreis the true fauh, is a doftrine univerlally of herefy. 
 received among the reformed churches. It is crimen mere 
 eccledafticum, at lead as to its cognition prima inftantia. 
 The reformed churches never deliver any they find here- 
 tics to the civil judge, or rather, according to the employ- 
 ment given the judges by Papilis, the civil executioners. 
 One continuing a heretic ought ;o be rcjefted and excom- 
 municated, compare Titus iii, 10. with I Tim. i 20. Our 
 fovereigns, by their coronation oath, are to root out all he- 
 retics that ihall be convifted by the true kirk of God, from 
 their empire of Scotland, which doth not oblige them to 
 perfecution.. nor to pay blind obedience to the church, 
 but only it binds them, at lead: chiefly, toexecut.' the laws 
 againfl: Pa pills, who are declared common enemies to all 
 i'rotelianr fiates, jam. VL pari. 16. cap. /8 
 
 §3 The fevcrity of our laws againft Papifts will be ^^c). ^f-japja- 
 furthcr juflified, if v/e confider, that by the law of God men^ -^-huiP 
 idolaters were to be put to death, Deut xvii. and agreeable P-'pi '- • 
 thereto;, popifh idolaters are to be puniflied with death, by 
 4he K4th aft, pari. 7. Jam. VI. By Jaiij. YI. pari. 0. 
 
 cap. 
 
144 Government of the Book II f, 
 
 cap. 71. perfbns going out of the country for further 
 knowledge of letters, are to have the King's licence, which 
 fhall contain this provifion, tliat they fliall adhere to tl^e 
 true religion, and do nothing againft it, under the pain of 
 barretry, (which with us is committed by thofe who go to 
 Rome to buy benefices, and is punifhable by infamy and ba- 
 nifliment. Jam. VI. pari. t. cap. 2.); and that within 
 twenty days after their return, they make and give before 
 their ordinary, the confeihon of their faith as now eflablifh- 
 cd, or otherways devoid the kingdom within forty days 
 thereafter, or be purfued as advcrfaries to the religion. 
 'By James VI. pari 7. cap. 104, none are to go on pilgri- 
 mage to kirks, chapels, erodes, or the like, keep fiiints 
 days, fing carols within and about kirks, or obftrve ocher 
 fuperftitious papilFical rites, under the pccunial pains there- 
 in contained, for the firft fault, and under the pain of death 
 to the cbntinuers therein. By King AViliiam's parliament, 
 feflT 5. cap. 26, no Papill can make any gratuitous difpofi- 
 tion or deed, in prejudice of their apparent heirs, declar- 
 ing fuch difpofition or deed to be null; and that it be judg- 
 ed gratuitous, unlefs the granter, writer, and vvitnelles, de- 
 clare upon oath, before the judge of the bounds, that it was 
 granted for an onerous adequate caufe. By King Willi- 
 am's parliament, felT^ 9. cap. 3. thelc above mentioned a^ls 
 are ratified, with all other laws made ag^inft Popery and, 
 Papifls, efpecially thele againft Jefuites, priefls, or traffic- 
 ing Papifts ; and all fayers, and hearers of mafs, and con- 
 cealers of the fame. Item, V/hoevcr fcizcs any priell:, Je- 
 fuit, or trafficing Papift, or their refetters, upon certificate 
 of the convidlion of the perfon fcized by the judge, ihall 
 have 500 mcrks for his reward from the treadiry, for 
 which the receiver-general may be purfued before the 
 Lords of (clllon. , Item, If it be proven that the faid 
 prieft, Jefuit, or tmflicing Papift, was held in repute fuch, 
 or that he changed his name, and fiiall refufe the Formu- 
 la of purgation iubjoined to this aft, it Ihall be fulTicient 
 ground for the council to baniJli him, never to return a 
 Papill under pain of death, to be inflifted by the Lords of 
 judiciary. Item, [f any perfon be found in any meeting 
 where there is any altar, mafs-book, or other inflruments 
 of popilli fuperftition, and Jliall refufe to purge, as above, 
 it ihall be fufiicient ground to die council to banilli, under 
 
 any 
 
Tit. 2. Church of Scotland. 145 
 
 any certification they fhall think fit, even to that of death J 
 and whofoever difcovers and fei/es the faid banidie ■ per- 
 fion, after his return, fliall have the forefaid reward of too 
 merks. Item, The 8th aft, pari. 1. Char II, is ratified; 
 and any Protellant relation, or his Majefly's advocate or 
 follcitor, may purfue for the exhibition and education of 
 children in the keeping of Papills ; and the Lords of fclllon 
 are impowered to modify an aliment out of the chiKlrens 
 or their parents means ; and it is recommended to presby- 
 teries to inform in thisi matter. Item, No Papifl: profefTed, 
 or not purged, can receive any voluntary deed or difpofi- 
 lion made to him of any lands, or real rights, or racks of 
 lands, or teinds., but the fame are declared null, and to re- 
 main with the gr.mter, and no aftion for warrandice or re- 
 petition of tiie price. Item, No Papift paO the age of fif- 
 teen years, can fucceed either as heir, or by other convey- 
 ance from the perfon to whom he may be heir, until he 
 purge himfelf of i'opery, as above ; and if being educate in 
 rhe Popifli religion, lie fucceed as above, before t!ie f,id 
 /ige, then he fliall be obliged to purge before he attain the 
 fame ; and the perfon fo fucceeding, failing in cither of 
 thefe cafes, devolves to the next Protellant heir, who is to 
 be ferved as fuch to the defunft, and to have right to the 
 eilate and rents, from the faid initancy, ay and Vv/hi!e the 
 perfon excluded, or his heir, purge himielf, as above ; in 
 which cafe he is to be reponed as before the exclufion. 
 The intervening rents, with the burden of current annual- 
 rents of debts, remaining with the Protcflant fucceflor; but 
 this exclufion to be without prejudice of creditors before 
 the exclufion. Item, No Papift may grant any gratuitous 
 deed in prejudice of his heir, but the fame is declared null, 
 iave as to the alfcfting the granter'a perf()n and moveables. 
 See the forecited 2 6rh aft, fcff. 5. King William's parlia- 
 ment. Item, The Protellant on whom the fuccefiion dc- 
 - volves by the (aid exclufion, muil profecutehis right with- 
 in two years, elfe it falls to the next, and fb on. Item, 
 The Papill and liis heir mufl renounce Popery within ten 
 years after the faid irritancy, (minority not reckoned), or- 
 is to be excluded for ever ; and the eftate thu-; devolving, 
 devolves with all its lawful conditions and burdens, item, 
 No- voluntary right by a Papiil in favours of his apoarenr, 
 heir alfo a Papill:, fiiall be of force, though pvior to this 
 U "" , aft. 
 
146 Government or the Book III. 
 
 acl:, unlcfs clcd with inFefrment or pofreffion, or proceeded 
 in judgement prior thereto. Itci>i, All difpofitions or deeds 
 in favours of cloyftcrs, or other Popifli focieties, are decla- 
 red void, and to accrefce to the next Proieilant heir to the 
 grantcr. Irem, No adjudication is to expire in iheperfon of 
 a Fapifl:, but coming in the perfbn of a Proteflant, the legal 
 being run, it expires within year and day tiiereafter, and no 
 adjudication or real diligence is competent toaPapifl;, upoa 
 any gratuitous bond or deed. Item, That the Formula of 
 purgation be taken before the council, or before the pref- 
 byicry, and reported within forty days to the council. Item, 
 A Frotcftant apoftati/ing to Poperty, forfeits his edate im- 
 ir.cuiatcl}- to his next heir, being Protcftanr, as if he were 
 dc;id ; and this ne.xt heir, if in pupilariry, is to be reckon- 
 ed Proteflant, if his education be fuch; or if it be Popifii, 
 he is excluded until he purge, as above. Item, That no 
 U'.lneOcd Papid be capable of any truft of the perlbn or 
 aiiaics of minors, and that none employ them in fuch 
 trnfis, until they purge as above, under the pain of ayear''s 
 valued rent, or a thoufand merks, if the valued rent be lefs. 
 Item, No fufpc(5tcd Papift may teach any fcience, art, or 
 cxcrcife in families, or out with, nor may a Proteflant have 
 a Popilh domeftic fervant, under the pain of five hundred 
 merks, which may be purfued by any Proteflant; and, u- 
 pon conviction, to have the fame for reward. By the 28th 
 ;ici:, ieil] 6. of King William's parliament, whoever perverts 
 a Proteflant fubic^ to Popery, fliall be proceeded againftas 
 n traflkkingPapift; that a Proteflant fervant turning Papift 
 in a Popiih family be puniflied as an apoflate ; and the ma- 
 fter, when required, is obliged to difmifs that fervant, ne- 
 ver more to be received by him, cr any other Popifli ma- 
 iler, under pain of an hundred pounds; and that Fopifli 
 mailers allov/ their fervants due hberty to attend worfliip 
 znd catcchif]ng,''under the faid pain ; and that thefe fer- 
 >:ints ufc that liberty, under the pain of being baniflied the 
 ] arilh. By the 5th a61, pari. i. Jam. VL the fayers and 
 l.earcrs of mafs, or fuch as arc prcfcnt thereat, arc punifli- 
 ed by conHfcai;on of all their goods, moveable, and im- 
 irioveable, and an arbitrary punifhmcnt of their perfons for 
 the firft fault, baniflnnent for the fecond, and death for 
 the third fault. By the 1 2 2d act, pari, i 2. Jam. VI. the 
 iaycrs of mafs, refcrters of Jefuitcs, fcminary Prieds, and 
 trafiicking Papids, againft tli-.- king's mujefly, and religion 
 
 prefcntly 
 
TIl 2. Church of Scotland. 147 
 
 prefently profeffed within this realm, is, and fiidll be a 
 juil caufe to infer the crime and pain of-' trealbn, provided 
 how fbon they fatisfy the prince and the kirk the penalty 
 forefaid fliall not (Irike againrt the refettcr. By the de- 
 claration of the eilates, containing the claim of right, \ i lU 
 April 1 089, it is declared, that by the law of this king- 
 dom, no Papift: can be king or queen of this realm, nor 
 bear any office whatfoever therein. 
 
 § 4. The latell and mod comprehenfive afts of Adem- ^f^ ^-^4^^' 
 bly againlt ropery, are thete: by act July 29. 1040, ail j o--,cry. 
 idolatrous monuments are appointed to be taken down and 
 deflroyed ; and presbyteries and fynods are to fee this work 
 with all diligence perf orrned. This is conform to the 04tii 
 and 90th canons, Concil. Carthag. "■ Ut reliquce idolo- 
 '' rum radicitus extirpentur, {impliciter placuit peti a glo- 
 *' rioiiffimis impcratoribus, ut reiiqus idololatricc non fo- 
 ** lum quag fuint in ilatois : fed quce funt in quibuluis locis 
 *' vel lucis vel arboribus, omni modo deleantur." By 
 AfFembly 1642. idV. 7. and 164^', feif. ^H'. prel'bvteri^.^s 
 are appointed to convene linovvn Papiiis in their bounds, 
 and oblige them, within a month, to put from tlieir com- 
 pany Popifh friends and fervanis, and give their children 
 above feven years of age, to be educated at their charges, 
 by fuch Proteilant, friends as the prefbytery fiiail approve, 
 and find caution, within three months, to bring home luch 
 of their children as are abroad, to be educated at the fight 
 of the prcfhyrery. The obilinate are to be proccl'cd /;/- 
 Jtanter, and thofc who comply are to confer with profef- 
 fors in the next univeriity, in order to their converfion. 
 Item, The governnient is to be fupplicate for an a£l, that 
 in no regiment that goes out of the kingdom, any Papift 
 bear office, arid the colonel to iind caution for this eiTe61: but 
 the fubdance of this defired a5i is already declared in the 
 Claim of Right, and enabled by 9th ac% pari. 1. Jam. Vi. 
 and the 5th a6f, pari. ?. Jam. VI. By the 8th aft of Af- 
 fembly 1699, they appoint all miniliers to ftudy Popifli 
 controverfies more, item. That all due endeavours be U- 
 fed to unite Proteftants among themfelves. Item, That 
 miniders faitb-'jlly watch the flock committed to them, 
 th'U fo, by public preaching, private inltruction and con- 
 ference, apod.'.cy may be prevented. Item, Minidcrs are 
 to deal v/ifely and convincingly with thofe who have fal- 
 
 U 2 len 
 
148 Government of the Book III . 
 
 len to Popery, an'l other corrupt praftices, for their reco- 
 very. Item, When other means are ineffectual, preH^y- 
 teries are ap'^ointed to proceed to church cenfure. Item, 
 That according to the former aCls of Affenibiics, and acls of 
 parliament, the names of Topifli Priells and Jcfuites, and 
 truiikkir.g Pnpifts, and of rhofe who have fcnt their chil- 
 dren to Popiili colleges and countrits, he given in to each 
 provincial fymxl, and by them tranfinittcd to tne rcfpcc- 
 tivc magiftrates, to the effeft they be proceeded againlt 
 according to law, Car il. pari. 9. 3.S: 6. Item, The Ge- 
 r.crA Aifcmbly relolves, that application be made to the 
 civil magillraie, as often as need requires, for the vigour- 
 ous execution of the laws againfl Papifls, Popi/h fchool- 
 maiicrs, miilrefTes, governors and pedagogues, and Popidi 
 meeting':; and for feeing to the training up of Popilb youth 
 in the Proteftant religion. Py the AlTembly 1704, ican- 
 daious perfbns turning Popifh, or pretending to do fo, to 
 evite c- n^ure, Ihall, after due pains to reclaim them, be 
 evcommiinic:.!:ed. By the lyih fefT of Ademb. 1700, 
 and (/th felf Allem. 170;^, no private acknowledgement 
 of a Papift^s renouncing that religion verbally, is to be held 
 fufncient to admit them into church privileges ; but their 
 reception thereunto mull be the deed of a church judica- 
 ture, not belcw a prellbytery By the 8th nCt of Afiem- 
 bly iy^ y, it is appointed that the fynod in which thefe 
 prefbyteries are where Popery increafeth, do fometimcs 
 iend minifters that are well acquainted with thefe controver- 
 fies to affiJl the miniflers of the bounds in conferring with 
 the ieduced, and for eitablifhing others Item, Probati- 
 oners, well fcen in fuch controverfies, are to be fent to 
 anirt the n-iiniilers in thefe parts, in preaching, that they 
 may have the more time to inftruft the people, and watch 
 over them againft Popery. All u'liich afrs and recommen- 
 dations, as to miniflers diligence agninfl Popery, are revi- 
 ved by the 4th act of A(lcmbly 170b. ('.aklerwood, in his 
 liiltory, p, 594, tells ns of an aft againd Papifls made in 
 that pretended Allembly holden at Linlithgow 1 608, vyhcre- 
 in tiiey appoint, that at every fcrvice of any perfon as heir 
 to his father, or any of his predecefK^rs, ha be not ferved 
 by any judge without the tcflimonial of the bifhop, and 
 iflodcrator of the prcll"»yrery, whicrc he dvvcMs, bearing the 
 
 copfcdiQi^ 
 
Tit. 2. Church of Scotland. 149 
 
 confefllon of his faith and integrity in the religion prefent- 
 ly profeded. 
 
 § 5. By the 2 ^d article cap. i4,of the French church dif- Papifts not 
 cipline, all violence and unbecoming Unguage againll thefcto be mock-' 
 of the Romilh church, and even againft priefts and friars^ ^"• 
 fliall not only be hindered, but alfo v/holly fupprefled, as 
 much as pofTibly may be. 
 
 § 6 By the loth a£t of Afrembly 1695, for prevent- Apodate and 
 ing of the growth of thcfe abominable herefiesof the Qua- ring-leading 
 kers, ir is recommended to ail church jadicarures to ufe all Q^i^kers to 
 
 r 1 • • c ..u \ ' ^ r ^c *u^* "^ excommu- 
 
 proper means tor reclaiming 01 tnem, and in caie or t"^" ni^ated 
 
 cbflinacy, to proceed againfl them with the cenfure of the 
 church, bur cfpecially againft the ringleaders, or ihe(e who 
 have apofiatifed from our holy faith. 
 
 § 7. The Aderably i 701, by their i 'th c6l, finds, that Errors ofAn- 
 the writings of M. Anconia Bourignion, arefraughted with toniaEoarig" 
 impious and damnable doftiincs, as they are reprefenfed ^^^'^ '^"^^' 
 in the apology for her, condemned by the immediately 
 preceding a^l, which exhibites to the world an epitome of 
 h.cr errors in the fairtK drefs; fuch as, i . The denying the 
 perraidjon of fin, and the inflicting of vGnge-;nce and dam- 
 nation for it. 2. 1 hj attributing ro Lhrift a twofold hu- 
 man nature, one of which was produced of Adam, before 
 the woman was formed, the other born of the Virffin Ma- 
 ry. ^. The denying the decrees of eIe<5tion and reproba- 
 tion, and the loading thefe rfts of grace and fovereignity, 
 with a multitude of odious anii blafphcmous afperfionj, par- 
 ricujariy, wickcdnefs, cruelty, and rcfpeCl of perfons. 4. 
 Thar there is a good fpirit and an evil Ipiric in the fouls of 
 all men belore they are born. i:^. Than the will of man 
 is unliiniLcd, dnd that there mufl be in man forne infinite 
 quality, whereby he niay unite himfclf to God. 0. The 
 denying t)f the doch-inc of divine prefcience. 7. The af- 
 ferting of the finful corruption of Chriil's human nature, 
 and rebellion in Qirilt's natural will to the wil4 of Gcd. 
 An J, 8. The aflerting a llr.te of perfection in this life, and 
 a Itate of putrifa'^^ion in the life to come; that generation 
 takes place in liCuven, and tliat there arc no true Chriitians 
 iq the v^ crld. 
 
 TITLE 
 
150 Government of the Book III. 
 
 TITLE III. 
 
 OfSchifm and Prelacy y and of the Laws and ABs 
 for preventing Innovations and Errors, 
 
 Schifm,what. § I. A. Ccording to the canon law, " Schifmaticus eft 
 Ij- "■ qui " ab unitate eccIcficE fe feparat," fchlfni 
 is to the church what a cut is to the natural body, and it 
 may be where no herefy in dc6irine is : It is a breaking 
 of that church union and communion which ought to be 
 among her members. 
 Schifm about § ^' Schi(m in church-government is either about tlie 
 church-go- government itfelf, or about the perfons in whom it is lod- 
 vermncut. g^d ; which difference may occaHon the creeling of altare 
 contra altare, Schifm may be in worfliip, when both the 
 fame doclrine and government is acknowledged, but com- 
 munion is not kept in the Lord's Supper, according to 
 Chrift's appointment. This feems in part to have been 
 the fchilm among the Corinthians, occadoned perhaps 
 through the corruption of fome members with wliom o- 
 thers have fcrupled to communicate. 
 When fchifm § ^' The underflanding having fuch influence upon the 
 is to be pro- will and ailbftions, and union liaving (6 much intercft in 
 ceeded a- both, the fame will be m.ore enfily attained by pcriuafivc 
 gaimt. reafcnings than authoritative injunt51ion5. Though the 
 
 authority of a church may be interpofcd to condemn he- 
 retical and fcandalous members, yet it is rarely found to 
 be the way of uniting a rent church, but rather the way 
 to govern an united church ; for it often happens, where 
 fuch divifions arife, that parties do reciprocally decline 
 each other's authority : indeed, where Icliilm is only a 
 fpreading, or but am.ong few, who cannot be otlierwife 
 gained In that cafe, the cenfurcs of the cluii cli may be 
 more fuccefsfully applied againft tliem. 
 Prelacy de- § 4. The General Aflembly, by iheir a^ December 
 davcdiohave g. 16^8, having confidcrcd the proceedings of this kirk, 
 to have been ^"^ ^^^ ^^ General Ademblies in former years, the vote 
 the caufe of w^s fiated, Whether, according to the Coniefhon of Faith, 
 r.iny evils, (i. e. the national covenant) as it was profelfed in the years 
 l-relati.Wn , ^y^, ,^8i, and .590, there bc any other biPnop, but 
 that It IS but n <-• • 1 n 1 1 • . * 
 
 of men. One "^ P^l-^'" ^^ ^ Particular tlcck, having no pre-eminence nor 
 
 power 
 
Tit. 3' Church of Scotland, 15 i 
 
 power over his brethren ? And whether, by that confefli- of the caufes 
 on, as it was then profefled, all other Epifcopacy h abju- of national 
 red, and ought to be removed out of this kirk ? The haill received the 
 Aflembly n-.oft unanimoully (one only hefitating) did church's con- 
 voice, that all Epifcopacy, different from that of a pallor fent. 
 over a particular flock, was abjured in this kirk ; and 
 therefore prohibites, under the pain of ecclefiaftical cen- 
 fure, any to ufurp, accept, defend, or obey the pretend- 
 ed authority of bifliops in time coming. By the aft of 
 Aflembly Auguft 17. 1639, it is declared, that the chan- 
 ging of the government of the kirk from the Aflcmblies 
 thereof, to the perfons of fome kirk-men, under the. 
 name of Epifcopal government, was againfl: the Confeffi- 
 on of Faith i 580, againft the order fet down in the book 
 of policy, and againft the intention and conftitution of this 
 kirk, and which, from the beginning, hath been one of^ 
 the chief caufes of the bygone evils therein. The Aflem- 
 bly, in their anfwer, Auguft 9. 1641, to the Englilii mi- 
 nilters, declare, they are perfuaded Prefbyrerial kirk-go- 
 vernraent to be of God, and Epilcopial governmient to be 
 only of men ; and they refolve to hold the fame conftant- 
 ly. Again, by their anfv/cr, Auguft :?. 1642, to the de- 
 claration of the parliament of England, they fay, the re- 
 formed kirks do hold, without doubting, their kirk ofn- 
 cers and kirk government, by AfTemblies higher and low- 
 er, in their ftrong and beautiful fubordination, to be jure 
 divino ; yet Prelacy, as it differeth from the office of a 
 paftor, is almoft univcrfaily acknov/kdged by the Prelates 
 themfclves, to be but an human ordinance, fettled by hu- 
 man law for fu ppofed conveniency : wherefore, by Hu- 
 man authority, without wronging any man's confciencc, 
 the fame may be aboliflied upon fb great a neceditv as is 
 a hearty conjunftion with all the reformed kirks. Among 
 the caufes of that faft appointed by Adembly 1690, this 
 is one, that the government of the church was altered, 
 and Prelacy re-introduced without the church's conlenr, 
 and contrary to the Handing afts of our national Allcm- 
 blies. From all which it appears, that the re-inrroducing 
 of Prelacy, wa? always lay, and parliamentary only, and 
 the government of the cluirch by prefbyters was orderly 
 and iynodically eltablilhed by the guides and governors of 
 the church, her preaching and ruling elders. , 
 
 r. irQ 
 
152 Government of the Book III. 
 
 Prelacy abo- § 5. The meeting of eftatcs in their Claim of Right, 
 li/Jied by the April 1 I. 1689, declare, that Prelacy, and the fuperiority 
 Claim of^ ^^ ^ office in the church above prefbyters, is, and hath 
 
 Ri^ht ; Its , ■' 1 • r LI • 1 II 
 
 toleration bccn a great and inlupportable grievance and trouble to I 
 treafonable. this nation, and contrary to the inclinations of the gene- 
 rality of the people ever fince the Reformation, (they ha- 
 ving reformed from Popery by prefoyters,) and therefore 
 ought to be aboiiflied. In purfuance whereof, it is abo- 
 lifhed by the -d a£t of parliament 16H9 ; and by the 3d 
 a£l of the ift felf of Queen Anne's parliament, it is fta- 
 nue and declared high trcafon to quarrel, impugn, or en- 
 deavour, by writing, malicious and advifed fpeaking, or 
 other open aft or deed, to alter or innovate the Claim of 
 Right, or any article thereof. Which aft is as a hedge 
 about the Revolution eftablifhment ; for after the fame was 
 voted *and enafted, never durll any prefume to offer any 1 
 aft or overture for a toleration to Prelacy ; whereas, be- 
 fore that, fome offered in parliament draughrs of afts for 
 a toleration to Prelacy, and moved that the commiflion of 
 the late Adembly 170:? fliould be called to the bar for 
 aflcrting in their addrefs, that the parliament's granting a ' 
 toleration to Prelacy would be to eftablilh iniquity by 
 law, 
 
 § 6. The Aflembly 1638, December 20. inhibiteth all 
 ufneft of die P^'J^f^f'S within this church to pi int any aft ol this or pre- 
 prefs, how ceding Aircmblies, any Confefllon of Faith, any debates ' 
 reftrained about prefent divifions, or any treatife whatloever, which 
 and cenfured. prigy concern the church of Scotland, without warrant 
 from the clerk of the AfTembly, or to reprint the fame by 
 any other not appointed by him : and that under pain of 
 ecclefiaftical cenfurc. By the 14th chap. art. 19. of the 
 French diicipiine, all printers and ftationers are warned, 
 not to print or (ell books that fliali concern religion or ec- 
 clefiaftical difcipline, without the confiflory's allowance, 
 and no book is to be fold that tends to advance idolatry, 
 and corrupt good manners. And by the 1 6th art. of the 
 forcfiid - 4th chapter,mini(lers, nor any elfe in the church, 
 cannot print bocks made by them.felves or otiiers, touch- 
 ing religion, nor any way publi'li them without allowance 
 irom the prcfoytery or fynod, or from rhofe aMthbrifed by 
 the fynod to liccn'c books. By the 7th aft of AHemoly* 
 J 707, prcfbytcrics are appointed to take fpecial notice, 
 
 of : 
 
Tit, 3* Church of Scotland. 15^ 
 
 of any book or pamphlet whicli has for its niuhor or pub- 
 liflier any miniRer of this church, and examine if their he 
 any thing therein conrrp.ry to her doftrinc, Kvorfhip, difci- 
 nline or (rovcrnment, and that thev c^-nfure fach as fhall 
 tranfgrcfs herein, according to the demerit of the cauf'j. 
 The fcliers alfo and difperfcrs of erroneous and Popirn 
 books, are to be puniQied arbitrarily by the rubric of the 
 2f;tha6l, pari 11, Jam. VI. But the ftaturory words 
 rim o-^ly againft the home-bringers of fuch books, the 
 books alffTT are to be deftroyed, and warrandice given to 
 maoiltrates of burghs, with a minillcr, to intromit wirh 
 them, without hazard of fpniJzie : de pr.Txi, fncriffs and 
 other magin rates intromit with fuch books without a nii'v.- 
 fler's prefence or concurrence ; fee Mackenzie, fit Hcrcfy, 
 
 § 7. For preventing innovations, fuddcn aiterarioiis, ^'-^"'' "'^''^''" 
 by pafTmg of afts which may threaten the peace of t!ic ^.'ilnedi'i o 
 church, it is enabled, that betbre any Alfenibly make acls .^f- of Cicr-^- 
 which are to be new {landing rules and confiitutions to the ral Af?anbi\. 
 church, the fame be iirfi: paii as overtures, to be tranfmit- 
 ted to the feveral i^reU^yreries, imd their confent reported 
 to the next Allembly, who may paf^ the fame into a6ts, if 
 the more general opinion of the church agree thereto. 
 .See AHembly 1634, Auguil ^o Aflembly sO^ ;, fclT j-^ 
 Aflembly 1695, feff. 7. Affembly 1697, feff 0. ^n'.l by 
 the act of Aifenibly jtoo, fclf. 17. any overtures of ge- 
 nera! concern propofed to the Adcmbiy, after the firtl 
 reading, arc. to fie on the table to be f;?cn by all the mem- 
 bers till the next day of the A.lTembly's litiing, and when. 
 trar.fnitted, prefbytcrics are to confider of them, belorc 
 the meeting of the fynod, next after the A'fcmbly, and 
 taeir opinion is to be fent to the next A'Te.nbly in vvr'ting. 
 When preibyteries oblerve this order, then the AlToaibiy 
 gaihers the opinion of the church from the pluralit};' of 
 the written opinions returned ; but in cafe a great number 
 of pre'lyyteries, iliould eitlTcr be io v/cil fatisfyed, or 1^) 
 jndirferent i.bour the overture tranliiiittcd, or give fuch 
 ablolute trufl: and credit to their comUiilTioners, that they 
 give no opinion in the mii'.tcr, in tiuit cale the opinion of 
 the commiiTioners is to be looked upon as the opinion of 
 their conitituents. 
 
 § 5. The fime authority and method diat was nccefiary What r^fts of 
 |Unto the . framing of ail. eccIeGaliic conilitution, mmt be A^ emVlynay 
 
 X intcrpofcd ^^ ^■^Fai^<l- 
 
154 Government of the Book HI. 
 
 iiiterpofcd and ufed at its rcpeaiinq, " Nam nihil eft tam 
 *' natnrale, quam co gencre- quidque diflblvi, quo colli- 
 *' gatiim eft." Ey the bth a£t cf Aftcmbiy 1706, com- 
 milfion books are only to be atteftcd in a negative ftile, e- 
 Y.en as thofc of fynods; yet, by the 9th a(fi of AlTembly 
 1707, tlic adings and proccdings of the preceding com- 
 niilTion arc ratified, and approven poijfively and folemnly, 
 as former commiirions had been, bccaufc of their extraor- 
 dinary faithfuhicfs, zeal, and diligence in addrefTing and 
 petitioning the parliament againft tlie . dangers and evils 
 feared from the then dcfigncd incorporating miion with Eng- 
 gland. 
 Error? and § 9. By the 2 5ft 3(51 of Adcmbly 1606, and by the 
 
 feparation, 1 ;• th and I hth ads of AfTembly 1704, all minifiers and 
 a-alylc"^'^" ^'' '"'"'^'^^'"'crs of this church are difcharged to pnblifli or vent, 
 either by fpeaking, writing, or printinz, by teaching or 
 peaching, any doftrine, tenet, or opinion, contrary unto 
 any head, article, part, or propofition of the Confcffion of 
 Fairh of this church, and particularly the venting any Ar- 
 minian or Socinian errors; and church judicatures are of- 
 dained to ?.dvert to any who ihall teach or vent fuch errors^ 
 and proceed to cenfure them for the fame. A>nd alfb all 
 prefbyterics are enjoined to cenfure fuch perfbns within, 
 ilicir bounds, who do carry on divifive courfes, and with- 
 draw from communion with this church, under a pretext 
 of zeal to her doctrine, worihip, difcipline, and govern- 
 mcnr, and that all means be ufed for reclaiming fuch mif^ 
 led {people. 
 Wmiflers are ,;^;-;id. By the 6th a£l of Aflembly 1 6go, it is recommend- 
 tooSlcrvethe^f^) prefbyteries, to take notice of all minifters, whether 
 
 '. ■,■.■■ . , . th^are cfuiiormmg; mcumbents or others, who IhaU not oh- 
 
 fcrve f.Tit ard thankfgiving days, indifted by the church, 
 
 or v\ ho iliall be found guilty of adminiftring the facraments 
 
 in private, or celebrating clandeftine marriages without pro- 
 
 clamaiion of banns, and tocenuire them accordingly. 
 
 The ConfefT!- § » i. For retaining unity and fbundnefs of doctrine/ all 
 
 onofTaitlito probaticJners liccnfed to preach, all intrants into the mini- 
 
 be rubicrihcd ji J jjjl ojI^^j. minifters and elders, all fchoolmaf- 
 
 hr.ila, aimby ^C'^» c'.iaplains, governors, and pedagogues or youth, are 
 
 - ■• • . appointed to fublcribe, at the fight of prefl^ytcries, theii* 
 
 approbation of the Confcllion of Faith, as the confcdion of 
 
 their faith, Aifcm. t6-o, a<5t 7. Airem/1700, loth an4 
 
 nth 
 
Tit, 3» Church of Scotland. 155 
 
 1 Jth a<5is. And by the i ith a(n: oF AHembly 1694, any 
 of the Jate conform niiniflers may be rt^ceivcd by the com- 
 miflion of the Aflembly into minifl:erial cornmunion, who 
 fliall acknowledge, engage, and fubfcribo., upon the end 
 of the Confcffion of Faith, the following Formula, And 
 by the 16th aft of Adcmbly 1705, all ftudcnts of theo- 
 logy licenfed to preach, and all miniftcrs and elders are in 
 like manner to fubfcribe the fame; the tenor whereof fol- 
 lows: " I A. B. do fincerely own and declare, the above 
 *' ConfelFion of Faith, approven by former General Af- ■* 
 
 " femblies, and ratified by law in the year 1690, to be 
 *' the confeffion of my faith, and that i own the doftrinc 
 " therein contained to be the true doftrine, which I will 
 " conflantly adhere nnro •, as likeways, that I own ai'd 
 ** acknov.ledge the Prefbyterian government of this church 
 *' now fettled by law, by kirk-fefiioiiS, presbyteries, pro- 
 ** vincial fynods, and General Allcmblies, to be the only 
 " government of this church, and that I will fiibmit there- 
 *' to, concur therewith, and never endeavour, direcliy 
 " nor indirectly, the prejudice or fubverlion thereof; and 
 *' that I fhall obferve uniformity of woriliip, and of the 
 *' adminiftration of all public ordinances, as the fame are 
 " at prefsnt performed and allowed." See book i. tit. 
 4. feft. 7. 
 
 § 12. The fynods of this national church, in the year SynodkaJ 
 1702, confidering the great affair of the union of the two iiJ^bciuiioriS 
 kingdoms, then under deliberation, did,' for mutual cdi- , fecuriDg 
 fication, and (Irengthcning one anothers hands in the Lord's aGvenimcni-. 
 work, appoint each minifler and probiuioner, judicially, 
 in their refpeftive prefbyteries, to profefs and declare their 
 refolutions and engagements to maintain, by God's grace, 
 the true doctrine of this church, according to our Confef- 
 fion of Faith, and the purity of worfliip, difcipline, and 
 Prefl^yterian government of this church, founded on the 
 word of God, and that they promife to difown all principles 
 contrary thereto. 
 
 § I -^ The fourth article of cap. 23. of the Confeffion Mow the 4th 
 
 of Faith, has thcfe words; infidelity, or difference in re- artlcie of the 
 
 iigion, doth not make void the magidrates iufl and leaal ^^d chapter 
 • ^ 1 > ^ "^ *-* or the Con- 
 
 auih'ority, nor free the people from their due obedience to feinon of 
 
 bim Which arc (jenerallv undcrllood thus, r;?-. 1 hat Fakh is s-e- 
 
 the prmciples of our holy and peaceable religion, do'noc 'j'^^'^"'"'}'* ""- 
 
 A 2 deny 
 
156 Government of the Book III. 
 
 deny but infidels ond Papids may be la.vfnl magifirares in 
 flich countries or kingcJoms where thcfc fnife religions are 
 cltabiiihcd, and if any of our religion hcippen to fcjournirt 
 thefe terfitorie\ ihey ought norvvirhftanding to owji their 
 juft and legcii auihcrity, and obey their lawful commands. 
 But in other kingdor.is or countries, (uch as this of Scot- 
 Iruui is, where proft H^lngr.nd dcfendingof the Proteflant reli- 
 gion is n ladc a c{;nd!i ion oFgoverninc; ■ t. betwixt the magil irate 
 and people, in thr.t cafe, if he fliall cither be of, or fall 
 away to a falfe rciigion, and violate the fail! condition and 
 r.grccir.cnt, then there is ;:^'"ourd and rear'n for tlie peoples 
 reprclentntives, rocinim their right., and declare him on that 
 account to have forfeited his right to the crown, and de- 
 clare the throne vacant, as did our niccting of eitatcs, A- 
 pril 1 t !()!>9. 
 Separatlils § 14. The a£t of Aflembly, Aug. 31. 16^7, ccnHder- 
 
 r.ot to be fa- ing how the errors of independency and feparation have 
 ir:hr.dy con- jpj-cad in England fo much, that exceeding great errors and 
 blafphemies have iffue^ therefrom, and arefheltered there- 
 >by : therefore, all perfons are difcharged from frequent 
 and familiar converfc with perfons tainted with fuch errors, 
 or to import, fell, or difperfe, fuch erroneous books or pa- 
 pers; and it is recommended to the m gift: ate, to be afful:- 
 ing to miniflers, in the execution of this aft. There is a, 
 former aft of Aflembly, Auguft 9. i6.<r^, to the fame pur- 
 pofe; and by the i' ih aft of Allembly 1701, the forefaid 
 aft 1 6^ 7 is ratified. See § 6. 
 None nrc to ^ ' h % the aft of AfTcmbly, Aug. ?4. 1 647, for pre- 
 witharaw fervmg order, pence, and unity in the kirk, preventing of 
 fro'.n thcjr ' fchifm and for maintaining that reCpeft which is due to the 
 \ZZ ^'*'^^* niini(ters of Jefus Chrilt, every member of a congregation 
 is ordained to keep his own parifli kirk, to communicate 
 there in v'-ord and liicraments ; and if any pcrfon fliall u- 
 fually abfcnt themfelves from their own congregation, ex- 
 cept in urgent cafes, made known to, and approved by 
 the presbytery, the miniffersof thole congregations where- 
 to they refbrt, fnal! both in public, by preaching, and in 
 j^iivato adijuonition, facw their diffke of their vv'iihdrawi:.g 
 -fjomn heir own minilter: likeas, the minifter of that con- 
 ^v'^j^cgr.tion from which they do witiKiraw, fhall labour, firih 
 by private admonition to reclaim them, andif that fail, liiey 
 arc to be cited to tiic feflion, and ccnfurcd as contcKincrs 
 
 of 
 
Tit. 3' Church of Scotland. 157 
 
 of the order of the kirk ; and if the matter be not taken 
 
 order with there, it is to be brought to the presbytery. 
 
 § lO. By the bth aft of AlTcmbly 170;^, all prefbyte- Diforderly 
 
 ries and fyno « are flriftly and peremptorily appointed to mhufters ami 
 
 take narticular notice of miailLcrs, oreachcrs, or others, who F^^'^jP^ to 
 ,. ,, r . ... riT •' 1 r 1 11 be particular- 
 
 rail mto irregularities or khilniatical courles, that they du- ly noticed. 
 
 ly cenfurc them, according to the merit of their fault, even 
 
 to dcpofition of miniitcrs and elders. 
 
 § 17. The Affembly, Aug 4. 1641, doth charge all Meetinrrs 
 miniOors and members of this kirk, to fupprefs ail impi- merely'on 
 ety and mocking of religious exercifcs, and that they e- F'"*".^*',"ce of 
 Ichcw all meeiings under the name and j^rete^t of religi- f^ijj^'j"^" ^ 
 ous exercifeSjwhich arc apt to breed error; fcandak fchifm, 
 neglefl of duties in particular callings, and fuch other evils. 
 
 § lb'. For preventing of abufe to the kirk in general. The church's 
 and miniiters in particular,, the A flemhly, by their aft, name is not 
 
 Aug. K, 164.2, dorh prohiblte and difcharf^e ail and every *°. ^^ " , 
 
 ■^ -^ J I , P . .,'? .•' without her 
 
 one, to pretend or uic the name or mmulers to any peti- coiiient. 
 
 tion, declaration, or fuch like, without t'lieir knowledge, 
 
 conilnt, and affiuance; and the tranfc^redcjrs hereof are to 
 
 he proceeded againit with the highciL cen lures of the 
 
 church. 
 
 § J 9. The General Adcmbly injoins all the members of ^^ ^^l^g canfe* 
 
 th's kirk to forbear the fwearing, fublcribing,or prelFing of of religion to 
 
 any ncA' oaths or bends, in thecaufe of reformatiiTi, with- ^^^ taken 
 
 out advice and concurrence cf the kirk, iiee aft and de- "^"1^-"^^^^ ^'^- 
 
 , ■ -f ; Vice ot the 
 
 claration J u ly 2 s^ i o^ «. t^^^ church. 
 
 ^20. In the General AiTembly's anfa-er, February 17. c n 
 
 , ^ , , ^' , , r I • • • T- 1 1 1 /• Some cultoms 
 
 1 645, to the Ahembly ot divines in iingjand, tney Icem to cf rlie church 
 
 acknowledge, that they have fome praftices in this church were ac- 
 
 which are in themf;?lvcs indifferent; for they expre's them- knnv.ledTed 
 i- I ., 11"- I .-I to be inciiTe- 
 
 jclves thus : nevcrrhcieis in otlier particiii;*rs, we are re- 
 
 folved, and do agree to do as yc have defired us in your , 
 
 letter; that is, not to be tenacious of old cufloms, though 
 lawful in themfelves, bnt to lay tliem afide for the nearer 
 uniformity v/-ith the kirk of 1^ ngkmd ; that rather than it 
 fail on our part, we do moil: v.'illingly part wiih luch prac- 
 tices and cuiloms of <;ur own, and vvithou: ihc violation of 
 any of Chriil's ordinance's. 
 
 § <i '. It is'no fmall fecuriry to the Proteltanr religion, NnnebutPro- 
 and tends much to the preventing of innovations and errors, teflants ca- 
 
 that none arc caixiblc of civil trulL but true Froieitants ; Pf '^'^^ oj '^"X 
 * . ^. phice oi trutfc' 
 
 ior 
 
J 58 Government of the Book III. ■ 
 
 for they who profefs not the true religion, contained ii^ the 
 Confeflion of Faith, eftabli/hcd by K. Jam. VI. his firft 
 parliament, may not be a judge, procurato-, nor member 
 of any court, cap. 9. pari. i.Jam.VJ. AnvPoy cap.5. pari. 
 
 2. Jam. VJ. this acl is extended to all and whatfoever of- 
 fices, without any exception, ot reftri^tion, in all time 
 coming; and fuch churchmen as wrll not fubfcribe the a- 
 bove-mentioned ConfefHon are deprived; and all fuch as 
 rcfufe to fubfcribe the fame, are to be repute rebels and 
 enemies to the king and his government, cap. 46. 47.' pari. 
 
 3. Jam. VI. 
 
 T 1 T L E ly. ' 
 
 Of Witches and Charmers, 
 
 ASsofAfTem- § I. r^^^. General AfK^mbly, July 29th, 1 640, or- 
 bly for pre- V>' dains all minilicrs carefully to take notice of 
 
 1 venting .ot charmers, witches, and all hich abufers of the people, 
 ffroundstor ^"'^ ^° "'"S^ '^^^ ^^^ °^' Parliament to be execute againit 
 apprelicncl- them. By another aft, Augufl: 19. 1043, minillers mud 
 ing of, snd be carefuKo infiruft the people, prefs holinefs of life u- 
 ho\y to aeal p^j^ them, and ufc the cenfure of the kirk aeaiiill: profane 
 perions ; moreover, \ck the people let k kncv^ictige, luidy 
 to believe, walk in holinefs, and be indant in prayer; all 
 which is propofed as means to prevent the growth of witch- 
 craft ; and further, presbyteries arc ordained to ti.ke under 
 confideration, by what other ways or lueans thefe (ins may 
 -be tried, reftrained, and condignly cenfured and puniihcd, 
 e^clefiaftically and civilly. In purfiiance w hereof, ihe Af- 
 iembly Auguit 6. 1649, for advifing anent the trial and 
 punifliment of witchcraft, charming, and confulting, there 
 is a commirfiv)n granted to one and twenty miniifeis, for a 
 conference in the faid matter, with nine lavvvers, and ihree 
 phyficians : and in the AlTembly 1700, amongifhe un- 
 printed afts, you will find a committee of minifters appc;int- 
 cd to attend the Lords of council and julticiary concerning 
 witchcraft, when called thereto \)y their Lordihips. By 
 the Adembly Augulf 5, 1642, prefbytcries are ordained 
 to give up to the Lords of jufliciary the names ofnvitthes, 
 forcerers, and charmers; and becaufe fuch fins proceed 
 often from ignorance, therefore all minitkrs are ordained 
 
 (efpecially 
 
Tit. 4. Church of Scotland.' 159 
 
 (efpecially in th^f North, where thefe fins are more fre- 
 quent) to be diligent in preaching, catechifing, and confer- 
 ring to inform their people therein. By the forecireil 
 aft of Aflenibly i 643, they declare the occafuifis of witch- 
 craft to be thefe efpecially, viz. extremity of grief, ma- 
 Jice, paffion, and defire of revenge, pinching poverty, and 
 foliciration of other witches. 1 hey fay the reafons of Sa- 
 tan's prevailing are, grofs ignorance, infidelity, want of 
 love to the trnih, and profanencfs of life. The means 
 they propofe for bringing them to ajiiii: puniJliment, are, 
 that a commiirion be granted to f jsne gentlemen and ma- 
 giflrates, within the bounds of fuch prefbyteries as Hiall 
 crave it, giving them power to caufe apprehend, try, and 
 execute jullice upon pcrfons guilty of fuch crimes. They 
 declare the grounds for apprehending witches to be thefe, 
 A reigning report of witchcraft, backed with delations 
 of confeiTing witches, being confronted with them; for it 
 is found, that the delations of two or three confefling wit- 
 ches hath ordinaril}'- proved true; as aifo, dcpofitions of 
 honed perfbns concerning evil deeds committed, or cures 
 ufed by them, may be a ground for apprehending them., 
 Mackenzie, on this title, fays, that none fhould be appre- 
 hended for witches except it appear by the event of the in- 
 quifition, that they lie under many and pregnant prefump- 
 tions, fuch as, that they are defamed by other witches ; 
 that they have been themfelves of an ill fame, that they 
 have been found charming, or that the ordinary infiru- 
 ments of charming be found in their houfes; and it is to be 
 remcmbred, that " Ad alTumendas informationes, fiiffici-- 
 " unt levia judicia, fed gravia requiruntur ad hoc ut cite- 
 ". lur reus et or judex fpecialiter inquirat." By the fore- 
 faid act of Aflembly, after they are apprehended, honelt 
 and difcreet perfons fliould be appointed to watch them, 
 to prevent their being fuborned, and hardened by others, or 
 defh-oying themfelves; and minifters fliould be careful at 
 all tiuies", efpecially morning and evening, to deal with 
 them, by prayer and conference, v/liile they are in prifoa 
 or refiraint. 
 
 § 2. Witchcraft was crimen ufriufque fori by the canon "^^''^ ^^'^ 
 law, and vvith us, the kirk feflion did ufe to inquire i'lto :|,"^^|j^^ ^^^.g_ 
 it in order to the fcandal, and take the confeffion of par- to. 
 ties, or receive witncdcs againd them ; but fince fo much 
 
 \veiL;ht 
 
i6o Government of the Bookllf. 
 
 weight is laid upon the dcpofitions there emitted, they 
 Ihould be very cautious in their procedure. By the ycjd 
 aft pari. 9. Qiiecn Mary, although inferior judges may 
 concur to the puni!hmeni of this crirnc, by apprehending 
 and imprifbning the parties fufpcft, yet feeing the rele- 
 vancy is oft-times fo intricate, and the procedure requires 
 necedfariiy fo much arbiirarinefs, and the punifhment is 
 fo fevere, upon thefe confiderations, ihe cognition of that 
 crime lliould be foieiy appropriate to the juilice court. 
 Wliat is re- § 3. Paftion 10 fcrve the devil is certainly per fe rele- 
 levant to in- vant, without any addition, providing they acknowledge 
 ferthe crime ^.|^ knew him to be the devil. This pa6lion is either 
 oi: witchcrait. ■' r < 11 r 1 -r • ■ • 
 
 exprels, perrormcd by a rormal promile given to him, 
 
 then prefenr, to ferve him; or by prefenting a fupplica- 
 tion to him, or by giving the proirjfe, to a proxy impovv- 
 ered by the devil for that ei^eft, which he indulgcth to 
 fome who dare not fee himfelf. There is likewile a ta- 
 cite paction with the devil, when a pcrfon uieth the words 
 or (igns which forcerers ufe, knowing them to be fuch ; 
 and this is condemned as forccry, and is. relevant to infer 
 the crime of witchcraft : but to ufe thefe words or figns, 
 when the lifer knows them not to, be fuch, if the igno- 
 rance be probable, and the ufer be contt^nt to abftain, it 
 ^is no fuch crime. Renouncing of baptifn is moll: rele- 
 vant per fe to infer the crime of witchcraft. Witclics ufe 
 to confcfs, that in fo doing they ufe this fjlemnity, by 
 putting one of their hands on die crown of their head, and 
 the other beneath the fole of their foot, at which time he 
 gives them new names, 
 
 Tlie devil's § ^- "^^ ^'^"'^^ ^'^^ ilevifs mark is not per fe relevant, 
 . inark notper unleis it bc confcilbd by them, that they got that mark 
 
 ft relevant, by their own confcnt, quo cafu, it is equivalent to a pac- 
 tion. The prickers (ay, if the place blood not, or if the 
 perfbn be not fenfible, then he or flie hath the mark ; 
 which is given by a nip in any part of the body, and \i 
 blue, as is allcdged ; but it is hard to dillinguifli any fucii 
 
 Thrcjitnin^s marks, a ncevo, clavo, vel impertigine naturali. Where 
 
 tofloinuchjef threatnings are fpeciHc, bearing a promife to do a particu- 
 
 y ' ""far ill, and v/hen charms are ulcd to obtain its execution, 
 
 and when it is known that the thrcatner had a preceding 
 
 enmity againfi the perfon thrcatncd, under thefe circum- 
 
 ftances, ** malum minatum h damnum fccutum" hbelLd, 
 
 would 
 
Tit. 4' Church of Scotland. i^r 
 
 would feem to be' relevant : j^et it is fafcr to punifli thefe 
 threatnings with fome milder puni'liment than death, as 
 crimen in fuo generc, and not as witchcraft. Indeed it* 
 the perfon \v ho ufed the charms, knew them to be iiich, 
 as witches and forcerers do make ufe of, for procuring 
 fuch mifchief, it is relevant to infer witchcraft, as hath 
 been fald. The iifing of magic arts or charms, though ufiup; of 
 for good ends, as for the curinji of difeafes in men or cliarnis, tho' 
 cattle, has no place to make a relevant defence. Since ^°'' vu^J^ig 
 the law cannot know exactly what cfScacy there is in na- ' " 
 tLiral causes, it may very well difcharge all fuch afts, 
 wherein there is no neceflary connection, inter caufam Sz 
 effcftum, as it pleafes, under the pain of witchcraft : nor 
 can thefe who are accufed complain of feverity, fince (ibi 
 imputent that ufe thefe forbidden things; and therefore, 
 fince the law and praftice hath forbidden all charms, it 
 is moft juft that thefe who ufe the fame fliould be fe- 
 verely punifned, whatever the pretext be upon which they 
 are ufcd, or after whatever way and manner, or to what- 
 ever end, whether good or bad. Confuking with witches, ConPiltin«- 
 when done knowingly, intentionally, and in carneft, or a vvkh wiiclies 
 profelFing of necromancy, which was a prophefying by puuilhable. 
 departed fpirits, as alfo predictions and refponfes by tlic 
 fieve, and the ihear, and by the book, and all fuch cheats 
 and fpecies of forccry. See the 7 .;d ac^, pari. g. of Queen 
 Mary. When perfons are delated by other witches, or per , ^ 
 
 A^f .- ^1-1 U . A What defa- 
 
 deramationem, which we call common report, and open ,„j^^io„ ^^ 
 fame, and thereupon libelled, that article is never fuftain- witches iin- 
 ed as relevant per fe to infer witchcraft ; yet fometimes ports, 
 articles that are of themfelves irrelevant, aie fuftained re- 
 levant, being joined with that of hme and delation ; but 
 it is hard, and feems unjuft to compofe a relevant libel out 
 (particles that are per fe irrelevant. 
 
 " § 5 The relevancy of this crime being difcuHed, the or- When pu- 
 dinary probation of it is by confefTion or witnefies. jt "^^^'"^"'^ ^o^- 
 jnouid be evident, that the perion conieuing is not weary witches con- 
 pf life, or opprelfed with melancholy. Albeit "hie non feffion, orby 
 *' femper requiritur ut confbt de'corpore delicti," this be- probation oi 
 
 ^1-1 ,-n • • ■ \ en- Witches. 
 
 ing a crime wi':ich conliils in anuno, yet the conreilion 
 ought ro be fuch, as contains nothing in it that is impof- 
 lible. It is condefcended by lawyers, that " fuccubi & in- 
 *' cubi funt poiribiles/' that the devil may lie in the Ihape 
 
 Y ' of . 
 
1 62 Government of t h ir *' -feodlilVI. 
 
 of a man with a v/oman, or in the fhapc of a Woman with 
 a man, having firlt formed to himfelf a body of condenfed 
 air ; or that he may tranfport witches to their pubic con- 
 ventions, and upon fnch confeffions fome have been punifli- 
 cd as witches. The probntion of this crime by witnefles 
 is very diificult, and therefore fof:ii crtmtitis^ or other con- 
 fcfTmg wirchcs are adduced: but yer, thefe do not prove 
 witchcraft folely, though dying and penitent : wliereas it 
 mav be doubted if the confulting of witches may n(;t be 
 proved by two of them who were confuhed ; for if this 
 be not a fiifficient probntion, it may fometimes be impo'f- 
 lib'e to prove confuhing any other way ; b^it if fiith be 
 fuftaincd, why may not iocii criminis be albvred as habile 
 wiii^di^s The perfons injured by witches, are admitted 
 witnefics againll tliem, but cum nota, women are received 
 v.'itneiles in this crime. Witches do rarely weep, becaufe 
 they are ordinarily hardened 
 Wkches may § ^- ^^ '^ thought lawful, by fbme,* for all who are be- 
 be defired to witchcd, to dcfire the bewitchers to take off the difeafe, 
 tnJie olt dif- providing the fame can be removed by taking away the old 
 *^ cliarm, without any new application to the devil ; which 
 
 practice feems yet to be forbidden, If viii. ig. *' And when 
 *' they ilial! fay unto you,, feek unto them that have fami- 
 *' liar ipirits, and unto wizards that peep and that mutter: 
 " fiiould not a people feek unto their God ? for the living 
 *' to the dead?" Yet it is not uniawful for any to remove 
 the charm, or fign of it, if it be in their power to do it, 
 without any application to the devil or his inftruments 
 How they § /• Witches do likewile torment mankind, by niaking 
 
 torment by i- images of c!ay or wax, aud when they prick them^. the 
 ;«age5,andoi- perfbns do find extreme torrrtent, which doth not j-)raceed 
 nicnrofNv'it- •^"''^'^ ^"Y ''""fiuence tiiefe images have upon the body^for- 
 ches, mcnted, but the devil doth by natural means raife-'th^' 
 
 torments in the perfon, at the very fame time that me 
 witches do prick, or pounce, or hold to the fire thofe ima- 
 ges. Witches confeffing this manner of tormiCnt, may very 
 judicially be found guilty, fince " conltat de corpoie de- 
 " \\^\, de m.odo delinquency, & inimiciriis prasviis." The 
 punilhment of this cria.c is with us death, and the doom 
 ordinarily bears, to be worried at the itake and burnt. 
 Forf ine-tel- ^ g Fortune-tellers are thofe who do profefs to reveal 
 Vnd'ho\v"pu- -^''* di-cover fecretS; by means altogether inept or unlaw- 
 
 fli/lied. ful, 
 
Tit. 5. Church of Scotland. i6^ 
 
 ful, and they are pnninicd with us arbitrarily, not capi- 
 tally ; and by the law of England cited by Macken/ic on 
 this titic, fuch perfons are to be imprisoned for the fpace! 
 oF a whole year, during which time they are to be piilor- 
 ed quarterly. 
 
 T I T L E V. 
 
 Of Blafphcmy, Ciirjing, profane Sivearing, and 
 Lottev^, 
 
 § I. T>^^^P^^^ri"^y is a divine lefe-majefly or treafon, ^*^^P^^^"^' 
 
 .-. ^^ and is committed cither by denying that of 
 God which belongs to him, or by attributing to him that 
 which is abfurd. i hefe who fwear by the head or iee'c of 
 God, are guilty of this crime by the canon law, " Viden- 
 ** tur cnim amplcfti anthromorphitarum harrefin, que * 
 " membra Deo tribuebar." They are alfo, according to 
 them puniiliabie, who delate not blafphemers. 
 
 § >.. By the iift cap. pari. i. Car. II. it is appointed, ^^^ P"''^^'.j 
 that wl-Qcver, not being diflrafted in his wits, ^"^^'l raii^^^^^g^^^^-^^jr]. 
 updli or curfe God, or any of the perfous of the b^efTcd it. 
 "i riniry, be proctfled before the chief juftice, and being 
 found guilty, puniilicd with death From which a6i it is 
 clear, that this crime can only be tried before the juftices, 
 and that dii^raftion is only a relevant defence againft; the 
 punifliment. So that pallion, rndicity, or raillery, excufe 
 not. Yet if the denying of God's attributes, or any of 
 the perfons of the holy Trinity, proceed from igiiorance, 
 and the denial be not obftinatcly perfiried in, they fliould 
 be pitied rather than puniflicd. Jt feems to me a good 
 defence againfl the punifliment of blafphemy, when one 
 'i^ompelled to blafpheme through toiture, as the faints 
 dra through the torments and madneis of Saul's perfecution, 
 Afe xxvi. II. and Solomon, Ecch vii 7. fays, " Surely 
 *' opprefllon maketh a wife man mad •," that is, it maketh 
 -him fpeak, or a6f, like i madman. 
 
 § j^. \%y the lojd cap. Jam. VI. prrl. 7. magiffrates to How curfing 
 burgh and landward, are ordained to appoint cenfors in pu- and profane 
 blic markets and fairs, with power to cxa£t the pains of ^"^^^""^^^ , 
 fweafing, . and that houfcholders delate offenders within \\^^ defences 
 theirji.6u.fcs, ijnder the piin of bcng eftqemc^ as ofTenders againft its pu- 
 
 Y2 them- nifiiment. 
 
1 54 Government of the Book III. 
 
 themfclvcs. By cap. 16. pari, 5. Queen Mary, particu- 
 lar V ains are ordained agalnll: profane fwearers, with gra- 
 dual angmenrations, and ending in banifliment : which afts 
 sre ratified by Charles II. pari. f. fed. i. cap. 19; and 
 farther it is enafled, That v.'h'o fliall fwear or curie, 
 ihall pay, the nobleman 20 pounds, the baron 20 merks, 
 the gentleman, heritor, or burgefs, 1 o merks, the yeoman 
 40 Ihillings, the fervant 20 fliillings, tottes qmfies ; and 
 the miniller the fifth part of his llipsnd, to be appHed to 
 pious ufcs, the one half in the parifli where the offence 
 was committed, and the other lialf to be betwixt the in- 
 former and profecutor, and other ufes, at the fight of the 
 judges, as in the a61: about jufticcs of the peace; and the 
 infolvent to be puniilied in their perfons. hy the French 
 church -difcipline, cap. i+. art. 14. profane fwearers, who, 
 through cuftom or anger, take the name of God in vain, 
 after one or two admonitions, if they defift not, fhall be 
 fufpcndcd the Lord's table: fo that cuftom and pa (lion 
 do not defend againft punifhment. Eut whether paffion 
 will excufe, at lead in part, from being punifhed as a 
 fwearer and curler, when provocked thereto while employ- 
 ed about lawful honefl bufinefs, 1 diink needs be no dif- 
 ficult quellion; yet no lawyer will fay, that anger doth 
 Icden this vice, committed by him who is unlawfully em- 
 ployed, as in playing at cards, or in excelTive and unfea- 
 ionabledrinking : fee Mackenzieon the criminal law, p. 26, 
 Lottcrvfome- § 4. There is a lottery which is neceflary, and ufeful 
 times law fill, j,.j fonie cafes, for ending of debates and controv(^rfies a- 
 t'imcs not " ^^^^P, '""S" 5 ^s for example, where there is one adjudication 
 in favours of divers creditors, they mufl have their prefer- 
 ence by lot, in choice of the rooms of lands adjudged, See 
 Stair's Inflit. p. 75. bib, and 648. So the land of Canaan 
 was divided among the Ifraelites by lot But there || a 
 lulbry lottery, fucli as playing at cards, &c. which is con- 
 demned by the pra<R;ice of mod who have the commenda- 
 tion of good Chriftiansin this church ; and by the Afiembly 
 i6-^H, icfC. 2^. 24.. art. 9. carding and diceing are noted 
 as unlawful games: and by the 5crh canon, Concil. fexti 
 in Trullo, " Nullum omnium, 'five clericum, five laicuni 
 "" abhoc deinceps tempore alca ludere permittimus, ficjuis 
 " autem h.oc deinceps facere ab hoc tempore aggrelfus fu- 
 *' crit, fi fit quidem clericus deponatur, fi laicus, fegrege- 
 
 I 
 
Tit. 6. Church of Scotland. 165 
 
 ** tur.*' To difcourage this kind of lottery, it is enabled, 
 by James VI. pari. 23. cap. 14. that none play at cards or 
 dice in any common houfe, town, hoftelry, or cook's 
 houfe, under the pain of forty pounds to the keeper of the 
 faid houfe for the firft, and lofs of liberty for the fecond 
 fault ; and that there be no playing in a private houfe, ex- 
 cept where the mafler plays; and if more be won in twen- 
 ty four hours than one hundred merks, it fhall be confign- 
 ed in the kirk treafurer's hands in Edinburgh, or in the 
 coileftor for the poor his hands in the country. And ma- 
 giftrates of burghs, and fheriffs, and juftices of peace in 
 the country, are impowered to purfue for the fuperplus 
 wiruiing, or otherwife are declared liable to the informers 
 for the double ; whereof the half to himfelf, the other to 
 the poor. 
 
 T I T L E VI. 
 
 Of the Profanation of the Sabbath; of not obferving 
 Faft and Tbankfgiving Days ; of Withdraw crs 
 from, and Diftnrbers of the Public Worfi-py and 
 Ohfervers of Super jlitious Days. 
 
 § ly nP'HE Aflembly difchargelh the breach of the Sab- How profa- 
 
 -*- bath by labouring either in feed -time or harveft, "^fion of the 
 or by going of mills, falt-pans, fifhing falmon, or white cenfured and 
 fifh, under pain of incurring the cenfures of the Idrk ; and puniihed. 
 for preventing its profanation, they appoint both diets, fore 
 and afternoon, to be kept even in landward for public di- 
 vine fervice, 17th December 1638, and (eir 21 1639. 
 The Aflembly likevvife declares, that thefe afts made a- 
 gainft breach of the Sabbath, fhall not only reach the fer- 
 vants, who actually work, but alfo the fame fhall be exten- 
 ded againfl; their maflers and hirers, 14th Auguft 1O43. 
 By ad of Aflembly i8th June i6\.6^ all fuch fldppers 
 and failors who begin any voyage, or loofe any fhips, 
 barks, or boats, out of road or harbour on the Lord's day, 
 are to be cenfured. By fefK 38. 1648, elders are to take 
 notice, how fuch as arc within their bounds keep the kirk, 
 and how the time is fpent before and after public worlbip. 
 ]^y the 25th ad of Affcmbly 1690, all unneceflary failing 
 
 and 
 
1 66 Government of the Book III; 
 
 and travelling is prohibited on the Lord's day Item, By 
 aft of AHembly i ; 05, fefC. 1 . minifVers are to contribute 
 their endeavours for fupprtfTing grofs profaning of ihe 
 Lord's day, efpecially idle flroUing on the ftreets of Edin- 
 burgh, peer and fliore of Leith, Kmg's-park. &c. and that 
 by an impartial and prudent escrcife of difcipline. By the 
 1 :th aft of Adeinbly J 708, for the better obfervation of 
 the L»)r".'s day, they appoint (ome to be fent from each 
 presbytery u'ithin this church to attend the Lords of judi- 
 ciary, at their circuit vvithm their bounds, and then to rc- 
 prefcnt the profanation of the Lord's day by travelling 
 thereupon, carrying goods, driving of cattle, and oth^r a- 
 bufes ; and th-.-y fcrioufly recommend it to the (aid Lords, 
 to refirain and puniili the forefaid abufes, which rhe Af- 
 fenibly will acknowledge as a fingular ferv'ce done to God 
 and this church And all minifters areinjoined, to adver- ' 
 tife their people, among whom fuch praftices are, of the 
 great ha ard their immortal fouls are thereby in ; and that 
 if they continue therein, there will be a neceflity to repre- 
 fent them as fuch tranfgrellbrs to the forefaid Lords. So 
 much refpeft doth our law pay to the Sabbath or Lord's 
 day, that it cannot bcHaken for redemption of lands, and 
 a wood fetter cannot be obliged to attend and perform the 
 requifites of confignation, by numeration of money, peru- 
 fal of writs, and fubfcribing a renunciation on the Sabbath 
 day. It is relevant toalledge, that an arreftment or horn- 
 ing is null, as being execute upon a Sabbath day; and 
 poinding on the Lord's day, or on folemn days appointed 
 by church or flate for humiliation or thankfgiving, are void 
 and puniihable, See Stair's Inftit. p. _^ .6, 37:;, 41 f, and 
 728. And if the law did not thus order it, the confcien- 
 tious obfcrvers of the Lord's day would certainly be mo- 
 leftcd, and advantage taken of them by wordly wretches, 
 and contemners of holy things. By cap. 70. park 6. Ja. VL 
 gaming, playing, palling to taverns, or alehoufes, felling 
 of meat and drink, and willful remainincr from kirk in 
 time of fermon or prayers, is dlfcharging under the pain 
 of twenty fhillings, and if the offenders be unable to pay, 
 they are to be put in the (locks or joggs. Item, By cap. 
 18. fcff. 1. pari. i. Car. IL all (almon fifhing, going of 
 falt-pans, mills or kills, hireing of (hearers, carrying of 
 loads, keeping of markets, and ufing of merchandifc on 
 
 that 
 
Tit 6. Church of Scotland. 167 
 
 that day, and all other profanations thereof are difcharged, 
 under the pain of twenty pounds for lalt pan, mill, or 
 kill, and ten pounds tor each other profanation, to be ap- 
 plied as in title 5. § j. and that the infolvent be punilhed 
 in their perfbns. By the 1 4th aft of pari 16 ,1^, it is de- 
 clared lawful to all burghs, not only of royalty, but of 
 regality, barony, and villages, and kirk towns, whole week- 
 ly oiarkets are kept on Mondays and Saturdays, to change 
 and alter the fame And the (aid burghs and villages are 
 to make timcous intimation of the change to the next adja- 
 cent burghs, and providing they pitch not upon the mar- 
 ket days of any burgh r ^yal, or of any other market town 
 within four miles. ^ 
 
 § ?., King Charles I. was pVevailed on by J and and his Howfome 
 faftion rlittle to his credit) to r.ubliHi his declaration con- p^'oc^amati- 
 cerning recreations on the L,ord s dayatter evenuig prayer, theprolanlnS 
 dated ; th Oftober, in the th year of his reign which he of the Lord's 
 founds upon another of his fatners to the fame purpofe in day, agree ^ 
 the }ear i5i:i. He declares his pleafure was, that his T^^'^^ ^^^ "'^" 
 good people Hiould not be hindered after the end of divine 
 lervice on Sundays tro;n their lawful recreations, fuch as 
 dancing, either men or women, archery, leaping, vaulting 
 nor from having of May-games, Whitfon-ales, Morris- 
 dances, aial letting up of May-poles, or other fports there- 
 with ufcd, but lie debars from the p.ivilcgc of thefe I'ports 
 all rccufanrs that abltain from coming to church and divine 
 fervice How this agrees with the civil law; you iiiay fee 
 in the end of the title de feriis, in Juftinian's codex " Do- 
 " minicum dleai ita femper honorabilem decernimus et 
 *' vencrandum, ut a cunftis executionibus txcufetur, nul- 
 *' la quenquam n geat admonirio, nulla fide juflionis fla- 
 *' gitcrur cxatho, taccat apparirio, advocatio deliitecat. Sit 
 " illc dies a cognitionibus alien us. pra3conis horrida vox fi- 
 " lefcat, refpirent a contrcverfis litigantes. Et poliea, nee 
 ** hnjus tamen rcligiofi diei otio relaxantes, obrca?nis qucn- 
 *' quam patiinur voluptatibus ditineri^ nihil eodein die fibi 
 ".vendicet fccena thcatralis, aut circcilfe certamen, aut 
 ^' ferarum lacrymofa fpeciacula; et (1 in noftrum natalem 
 *' celebranda folemnicas inciderit differatur." 
 
 § .. The non-obfervers of fait and thankfgiving days, Non-obfer- 
 may be punilhed as profaners of the Sabbath, I niean at ^'^^'^ %}\r 
 Icall:, vMh the like punirnmentj for by the acls of pari"- givinsV^a^s 
 
 ament punifhable. 
 
1 68 Government of the Book III. 
 
 ament 1693 and 1695 appointing fafts, the not-obfer- 
 
 vers are punifhed more fevcrely ; and I know nothing to 
 
 hinder the church from cenfuring fuch, as they do profan- 
 
 ers of the Sabbath. 
 
 Dllhirbers of § 4- By Cap. 27. pari. 1 1 . Jam. VI. it is enaacd. That 
 
 public wor- trouhlers of the kirk, or who raife any fray therein, or in 
 
 lllip, how pu- the kirk-yard, in time of divine fervice, be puniflied by 
 
 niflied. jy^g q£- j^ii jj^^jj. nioveables. If the magiftrate be prefgnt, 
 
 no doubt, he may ordain the difturbers to be removed, and 
 
 fecurcd. till they find bail to anfwer therefor. 
 
 § 5. By the a^ of Aflembly tgth February ^64.^, it 
 fuperftitloi^ *^ unanimoufly ordained, That the obferver of Yule-day, 
 days cenfu; or Other Tuperliitious days^^/liall be proceeded againft by I 
 rable. kirk ccnfures, and ihall make their public repentance there- 
 
 i'or in the face of the offended congregation. And if maf- 
 ters of fchools or colleges grant vacancy on that day, they 
 are to be cited to anfwer to the next AfTemblv bv the mi- 
 niffers of the place; and no vacancy is to be granted at that 
 or any time thereafter in compenfation thereof. And fchol- 
 lars guilty herein, are to be corrected by their mafttrs ; but 
 if they refufe to fiibjeft tliemfelves to correction, or be fu- 
 gitives from difcipline, they are not to be received into a- I 
 ny other fchool or college within the kingdom. By the 
 2 2d cap. [e(r. 2 pari. K. William and Q^Mary, the keep- 
 ing of Yule vacancy, and all obfervation thereof, is dif- 
 charged. 
 The church § ^' '^'^'^ church hath no annivcrfary feafl or fcuival 
 of Scotland days, but doth only fet apart a day or days for thankf- 
 hath no an- giving or humiliation, as emergent providences do call for. 
 S'fedTdat^ By the ifl aft, pari. 15. Jam. VI. the 5th day of Auguft 
 is appointed to be a day of thankfgiving to God, for King 
 James his prefervation from the treafonable attempt of t'e 
 liarl of Gowrie and his brother ; but the truth of this mat- 
 ter being much queffioned by many, it never received u- 
 niverfal obedience, and at length turned wholly into dc- 
 fuetudc. By pari. 1. fc(f i. cap. 17. and pari. 2. CciV. 3. 
 cap. 12. Car. II. the 29th day ot May is appointed forthe 
 foltmn commemoration of h:s birth and rcltoration ; and, 
 for rliat end, that it be fci apart as a holy day unto the 
 Lord. But one of the reafons why the Preroyterians did 
 not keep tliis day is, becaufe, in the a6i: of parliament ap- 
 pointing it, there is a long preface full of black .ffperfions 
 
 upon 
 
Tit. 7. Church of Scotland. 169 
 
 upon the whole church and nation, and ftich rcflc6]:ions 
 upon religion and the work of God, as cannot be read with- 
 out horror. And they were followed with a<fts that de- 
 ftroyed the church -government, contrary to the national 
 folemn engagements, and gave a deep wound to rrue reli- 
 gion ; Co that however the King's reftoration might o;her- 
 wife have been matter of joy, yet in this refpe^ it could 
 not be fo to any in this land that had a true regard for the 
 intereirl of religion. Our Prelatifis did ufe to obfcrve the 
 gcth day of January, as an humiliation day, becanfe upon 
 it King Charles 1. was beheaded in England, by the autho- 
 rity and power of the ufurpcrs and fcctarics there; btit 
 though.thst horrid fa6t was {fill detefled and abhorred, both 
 by this church and kingdom, yet we never v/ould obfcrve 
 it, becaufe of our notour innocence in that matter, it is 
 true, it is our duty to mourn for the fins of others, but 
 not as our own fins, except we have had fome finful adive 
 accefTion thereto. 
 
 § /. It is not to be reputed an obferving of fuperfli- What is not 
 tious days, when people, in obedience to civil authority, ^''.P'^V'^.'^f'' 
 do refrain from work thereupon, according to the 2 ill ad, jg^s. 
 cap. 14. of the French church difcipline. 
 
 TITLE VIL 
 
 Of ilanderingj and alfauhing of Miiiijiers, heatmg 
 and cirrfng. of Paremts, and Injuries perfonal and 
 real. 
 
 § 1. 13 Aifingof fcandals and prejudices againft minifters, slandering of 
 
 -*-^ being {^o obilrudtive to the fuccefs of the gof pel, minifters to 
 
 the AiTembly, by their ac'l Auguft 6. -642, doth ordain l>e cenlared. 
 
 preroyterics and fynods to proceed diligently againft all 
 
 perfons that Hiall reproach minifters, with the cenfure of 
 
 the kirk, even to the highefl, according to the degree and 
 
 quality of the fcandal. 
 
 §2. By the 27th aft, pari. ir. James VI. and aft *-. Violence of- 
 
 parl. I. Car. I. and aft ^. kiT. 1 . pari. 2. Car. JL it is ap- ^^.^'^ ^"^'^ 
 • . J I 1 • J • ! u J P^ nillers how 
 
 pointed, that who invades or puts violent hands, or ohers -^^^^^1^ 
 
 violence to minifters, by ihcmfelvcs, their men, tenants, or 
 
 fervants.-or any others of their hounding out or allowance, 
 
 for whatever caufe, fliail be punifhcd by iin(el cf move- 
 
 Z ables. 
 
J 70 Government ofthe Book III. 
 
 ables, the one half to the King, and the other half to the 
 parry offended , for the violence allenarly; hr.t prejudice 
 of greater puniiln": eijt, if any higher crime concur, fuch as 
 jTiutilatron or flivUghter ; and that landlords, lieritors, and 
 chiefs of clans, vvhjcre the invidcrs dwell or haunt, behol- 
 den, upon complaint of the party, to exhibite them ; and if, 
 aficr legal intimation made to the fuid landlords, &c. the 
 faid delinquents be found vvirhin their bomds, haunting 
 openly for ten days, that they be holden as connivers, and 
 be obliged to exhibite them under the like puniHiment; 
 But by the < 7th act of parliament >68r, it is ordained, that 
 v.liofoever fhall be found g'-iihy of afTuulriir<4 the lives of 
 miniiiers, or of invading or robbing theij houfes, or actual- 
 ly attempting the fame, fhall bepuniilied with death. 
 § 3. By ihe <odi a£i:, ic'iT i. pari. 1. Car. il. beating or 
 
 ^catinf^ and ^^^j.tjj-,rT of narenis is declared to be nunifhahle by the law 
 c-.ir:ir!2 of pa- ^^, '1 .', , , , , r 1 • i 1 r 
 
 re;iisaowpu- c>r vjUu w!ih tieath, and therelore Oi dains, that vvnarkever 
 
 riliiubie. fon or daughter, above the age of fixteen years, and not 
 diflraoied, iliall beat or curfe his father or mother, he fhall 
 die without mercy ; but if they be within the age of Ci<~ 
 leen, and pad pupillarity, they are to be punifhed arbi- 
 trarily. 
 
 ,,,,,. § 4. Verbal injuries are committed by unwarrantable 
 
 verbal miu- \y -^ ,, . ^ n ] • • u- i • 
 
 rieswhat exprellions, as to call a man a encac. Lalvm, m his lexi- 
 con jnridicum, fays, 1 hat ** Diffamare e(l: per diverfas 
 *' partes famam divulgare, fafta vitiorum commemorati- 
 " one." In libelling of fuch injuries, there is requifite, 
 ifl, that the particular exprefiions be diflin£tly cond: fcend- 
 ed on, that the injury may be accordingly eftimate. Next, 
 that the calumniandi, or injuriandi animus, the defign of 
 injuring, as well as the injuring words, muft be libelled 
 . and proven, except the words infer fo cle.irly the irjury, 
 that there is no neceility to libel the defign. In the laft 
 jtiace, that the purfuer did prefently refent the injury, and 
 thereupon did lignify, either exprcfsly, or by fome other 
 afis, his diffatisfaflion therewith ; for, if he was of fiich 
 a temper as not to fignify any refent. rient thereof at firft, 
 ihe law will not allow him to repent of that good humour. 
 Bockclman, in his compend. of the inllitutions of the civil 
 law, (ays, that "injuria eildeli6tnm,quo quid ad conrume- 
 . *' liam vel dolorcm alterius admirtitnr." And by thecanou 
 iaW; it is '•'diciiim vcl fa£lum alterius famam vel dignita- 
 
Tit 7. Church ofScotland. 171 
 
 " terrj minnens." Sometimes injuries are inferred, not 
 only from exprefs words, but even from the prcfumptive 
 meaning of the fpeakers, as to look in a man's face nnd 
 fay, I am not fuch a Jyer as others are ; or, to fay flan- 
 tingly to a clergyman, you are a fine church-maa indeed. 
 
 § 5. Since injuries are ell:in>ite, according to the deGgn whatc'.cR-nclg 
 of the ofTender, it follows that men who are fools, idiots, agaiiifi: tlie 
 very young, or very drunk, are not punifliable for verbal puiiiniir.ent 
 injuries, except theolfendor did become drunk upon defign ^^^.^^ '""•^ " 
 to offend: and great paffion, which breaks offal! defiga- 
 ing, Ju/la et non affiSJata ira, excufeth alfo in this cafe. 
 The rclatird alfo of what we have heard from good au- 
 thors, who defign no prejudice, is fufficient alio to defend 
 againft the punilhment due t) injurcrs. 
 
 § 6. Rerd injiiries, according to that foreciied Civilian, Real Inja- 
 are " cum quis pugno pulfatur, fullibus csditur, verbera- ^'^^^ wkat. 
 *' tur,' cumque bona ejus qui nihil debet ut debitoris ] of- 
 ** fidentur cum quis vexandi cauia, in jus vocatur, alindve 
 " quid ad invidiam alterius fit vel geritur," Mac! en- 
 zie, on this title, tells us, real injuries are committed by 
 hindering a man to ufe what is his own, by removing his 
 k-3iZ out of its place in the church, by giving a man medi- 
 caments which may afTI-ont him,, by arrefling his goods un- 
 julily, by wearing, in contempt, what belongs to another 
 man as a mark of honour, by raving fi-samefully a man's 
 hair, or beard, or by offering to llrike him in public. 
 
 § 7. Libcllt famrjfi; that is, infamous libels are the moil Infamo'T? il. 
 
 malicioufly and defignedly abufed He who writes, die- ed, and its 
 tates, or affixes infamous libels, or caufes write, didlate, deiences. 
 or affix them, is punijQialde. if the offender was a minor, 
 or was provoked; or if he did tear it before it was fully 
 written, or after it was affixed, confefled his fault, and faid 
 he only did it out of paffion ; or, if what was faid was true, 
 thefe things will IcOen the punifliment. 
 
 . $ a. According to our law, verbal injuries are punifhed ^y^^ ^^^ 
 by the coinmiflars, except they were committed againlt a judges com- 
 magiibate ; in which cafe, the council or criminal court u- peteu^. 
 fes to amerciate them, efpecially when he is fpoken againfl 
 in the cxcrcLfe of his office : but real in'urics may be pur- 
 
 Z z fucd 
 
172 Government of the Book III. 
 
 fued before the council or criminal court By the civil law 
 verbal injuries are exiing,uillied, if they be not purfued 
 within a year, or by poflerior exprefs friendfhip. 
 HoAv church § 9. When the complaint confifls of fome injury done to 
 judicatures ti^g complaincr, it is fit that tlie church fliould endeavour 
 are o e i.ive ^^ compofe and remove fuch differences privately ; but if 
 in pi oceffcs , , . r . r . , r 1 ^ 1 * • j 1 « • 
 
 for tulumnv. the brmgmg or it berore them cannot be got avoided, let it 
 rather be tabled by order of the clderfliip, than purfued at 
 the inftance of the complainer, bccaufe rhus the thing as 
 fcandalous may be more abftraftly confidered, the perfon 
 more eafily convinced, and the heat of parties prevented. 
 But if parries will enter their own complaint, let them be 
 acquainted, that they are not to e::pe£i: that the church can 
 civilly punifh the injury, but they are to be exhorted to 
 pardun it as to any vindictive humour, and told, that it is 
 only their bufinefs to remove the fcandal, and gain and 
 pleafe parties, to their edification. And I fuppofe the ca- 
 lumniator complained of fliould prove v/hat he alledged a- 
 gainlt the purfuer, yet even that cannot vindicate him al- 
 togeiher. except the end of his devulging it a ppcareth real- 
 ly to be his brother's edification : See Durham on Scandal. 
 Upon the whole, where there is no probable ground to expeft 
 edification in giving way 'to fuch procefies, according to that 
 author, it were expedient for the church altogether to wave 
 them. 
 
 TITLE Vlll. 
 
 Of Briber -jy Partiality, and Negligence of Judges. 
 
 . Bribing § 1 . TT is to no purpofe to make good canons and con- 
 
 ''^'\^l^t. -■- . ftitutions, if the execution of them be not com- 
 
 mitted to jufl and diligent perfons; as it is to no purpofe 
 to have an exaft balance, if that balance be not put in a 
 good hand. Bribing is the taking of money or other good 
 deeds, cither for doing of jufticc, or committing of inju- 
 flice. And if they be taken upon that account, whether 
 by the judges, their wives, children, or lervants, the judge 
 is thereby guilty as if done by himfclf, providing the fame 
 be done by his command or ratihabition. 
 Parual judg- § ^. Judges are partial, when they are moved to aft, or 
 o-s\ 0. for^rear, either for fear of angering and difobliging parties, 
 
 or 
 
Tit. 9* Church of Scotland, 173 
 
 or from a defign and love to gain their favour. By the a6t 
 of Aflembly k th Augiifl: 1048, impartial church proce- 
 dure is propofed as a genera! remedy againft the growing 
 of (ins in the land. And the Aflembly 1 ith June 1097, 
 appoints minifl:efs and members of kirk-feflions impartially 
 to exercife church difcipline ; and excites them thereunto, 
 by putting them in mind, that in rhcfe matters, they have 
 to do with the great and terrible God, whofe honour and 
 favour is to be preferred, and whofe wrath and anger is to 
 be feared before all other considerations whatfocver. By 
 the 104 act, pari. 7. Jam. V. conlulting, or giving partial 
 judgement, or taking of bribes, is declared infamous in any 
 judge. By the 93d a6l, pari. 6 Jam. VI. the taking of bribes 
 is difcharaed to the lords of feflion, their wi\es and fer- 
 vants, under the pain of infamy and deprivation. 
 
 § '^. By the laws of this and other well governed nati- Negligence 
 ons, judges negligent in putting laws to execution, are pu- °* ecdeliafti- 
 ni/hable for their remifliiefs and negligence. And by a6i: ^^ r^ .^w 
 of Aifembiy January 30. 16 ,♦, it is enaifled, that whate- 
 ver minifter or member of leiiion, be found faulty in ne- 
 glecting to purfue the fcandals therein mentioned, in their 
 Itations, the faid minillcr or member of feffion be complain- 
 ed of, and cenfured by the prefbytcry for the firft fault, 
 and that the ccnfure be recorded, and that the fccond ne- 
 gligence be delated to, and cenfured by the fynodj and 
 for the third negieifV, they be cenfured by the lynod with 
 fufpenllon from their office, which is to be recorded in the 
 fynod rcgiftcr. See book 4. lit. 5, 
 
 T I T L E JX. 
 
 Of Deforcement of Oncers, 
 
 § !• T_TOW citations are fometimes appointed to be ex- Deforcement 
 
 -a- -*- ecutc, for preventing of deforcement, fee lib. what. 
 I. tit. 2. fe£l. 6. deforc-ment is that force or violence 
 v/hich oppofeth church officers while the}/ are in the exe- 
 cution of the orders and appointments of church judica- 
 tures. But if any officer v^ant his orders in wricing along 
 with him, the violence olTered to huii in that cafe cannot 
 be efpoufed by church-courts, as an indignity offiercd to 
 them, otherwife ftrangers might be emboldened to affi-ont 
 
 others 
 
174 Govern ^rENT of the Eook III. 
 
 oihers, by afTaming and pretending their authoriry There- 
 fore, when any injury is offered or committed againfl: fo 
 unexnft and negligent church officer, it is only to be re- 
 fcnted as if it had been done him when going about his 
 own affairs. 
 Who are ha- ^ ^ Whoever may be admitted witnefles for proving of 
 of deforce-'^ Other offcnces may be fn(tained as witnefTcs to prove the 
 nient. deforcement, otherwife it may never be proven ; but then 
 
 the witneiTcs mull: not be purfuers or complainers, even 
 though they were abufed ; and if they do depone of any 
 wrong done to themfelves, they may be reje^ied as preja- 
 dicare witnefles. 
 
 TITLE X. 
 
 Of Murder, Var icicle , Duels, and Self-Murder, 
 
 Thatthcfe § I. A Mong the ecclefiaffical remedies enabled againfl 
 crhr.es come 1%. pr fanencfs, A.ugu(l: lo. 164R, art 5. it is pro- 
 
 under church p^p^^j f^ f|-,e confideration of pre1)yteries, how murder 
 " ' fhould be cenfured, in cafe the magiftraLC do not his duty 
 
 in punifliing it capitally. And in that form of procefs, 
 hereto (ubjoined, enafted by Aflembly 1707, cap. 6. art. 
 I. murder, among diver horrible crimes, is there enume- 
 rated as the objeM of the church's cognizance. It is not 
 improper that church-men undcrftand 'bmewhat of the laws 
 and cudoms relating to criminal matters, the relevancy 
 and punifliment of niany crimes being either founded up- 
 on or exprefled in the word of God, whereof they are the 
 authorifed miniflerial interpreters. It is true, it may be 
 feared, that church difcipline fhall have but fmall fjccefs 
 upon cbdurcd or monilrous criminals ; yet, it being a 
 mean appointed by Je(us Chritt for reclaiming of finners, 
 it fhould on that account be tried, and no more neglt<R:ed 
 than his word and facraments, which vciy often have no 
 better tfTccls. This church hath very clearly expreffed 
 her opinion about the extent of the objcft of church difci- 
 pline, '\flem. 1(33, feff 2. i,. 24. art. 13. v/herc they or- 
 dain, that difcipline in kirk-fcflions (for there all pro- 
 cclTcs againfl church members do firfl: begin) flrike, not 
 only upon grofs fins, as blood-flied, h-z but againd all 
 lins repugnant to the word of God.» 
 
 ^ 2. Civilian 
 
Tit, lo. Church of Sco-tland. 175 
 
 § 2. Civilians define murder to be the killing man by Marderwhat, 
 man, unlawfullv ; .nd thev divi e it into that which is and of cafual 
 icommirred calually, in dctence, culpably, or wiituliy 
 Cafual homicide is, when a man is k lied without eitier 
 the fiuilt or defign of the killer, as if an ax head (hould 
 fall ofTand kill a by-ftander, or a rider fiiould kill with 
 his horfe's hinder feet ; crtflial flaughter or homicide then, 
 is that which is occaHoacd by miibke and juft ig: orance ; 
 for if it prv^cced from ait^..6h:d ignorance, as for infiance, 
 if a man will not know what he nuy know his ignorance 
 in that cafe will not ma;:e the ir.iirJicr following upon it to 
 be coni1rLi<?ed cafual ho.r.icide ; but if it pro-^eed from 
 grofs and [jdMna ivnorantia, ir may be punifiied by an ex- 
 traordinary or arbitrary puniihmenr but not by d^ath. It 
 is then necefl-iry, that the committer ufed all exaifl: diii- 
 goncc to evite the crinie; el(e he is nor in the cafe of .ca- 
 lual homicide Further inftances whereof are, if a mafon, 
 before he through down iloncs, advenifc all below, tho' 
 in the throwing he kill, he is to be cleared from murder. 
 ^'r if a hunter fnoot at a bcafl:, but a man come in clie 
 way and be killed ; a*nd yet if cither the mafon cry not, 
 or if tlic hunter d;d fnoot in a phtce where people uie to 
 be, he is judged by fome lawyers to be guilty ot faulty 
 murder. ;f the committer do what is againlt the law of 
 nature, or what is crimiinal ; or if what he doth may pro- 
 duce ill confequcnccs ..nd m.urdcr, though he defigned not 
 the fame : in .dl which cales he ought to be liable, and 
 it feems reafonable, that he wlio kiilcd, when he was do- 
 ing what was unlawful, may be arbitrarily puniflied, though 
 htf did cxaft diligence to fliun killing. 
 
 .(J 3, [i:-mit:nVinm nsccjjarium^ or homicide committed in Homicide 
 felf defence is, when a man being purfucd, or reduced to commlitfd in 
 inevirablc ncccfuy, has no way left him to evite his own ^<^^t-<^^*^^'"<^<^- , 
 death, but by killing the aggrelTor : this is in law called ful bourirs'^' 
 irhUipata luuUa, 6r, ni'/dcrr.r,kn iHCu'pul'iS luie^cf; within are exceeded, 
 which moderation, if the defender contain himfcif, i;e is 
 no way puni/hable; and (o favourable is feif-dcfcncj, that 
 the excccder is not liable to the ordinary puniihment, but 
 is puiiirnable according to the excels, at the difcretion of 
 the judge. 1 his ir.cdcration is faid to be exceeded in u)efQ 
 three, ifl. In arms, as if the aggreflbr have only a Uatf', 
 ♦ind the defender wound him v/iih a Rvord or piitol, the 
 
 deiender 
 
176 GoVERKMENT OF THE Eook III. 
 
 defender is in that cafe punifhable. And yet this conclu- 
 fion is not infalliabic ; for if the defender was much weak- 
 er than the aggrcHor, he might be cxcufed to ufe fuch un- 
 equal weapons, according to Mackenzie on this title. 2dly, 
 "* the defender is faid to exceed in time, if he llrike the ag- 
 
 greflor, " antequam fit in a^lu proximo Decidendi," for 
 eife it fhould be lawful to every man, upon the firft ap- 
 prehenfion of fear, to kill the aggrellbr. If he threaten 
 to kill, and be one who is known to have any defign to 
 murder, or be a perfon who ufeth to execute what he 
 threatens ; and if he have a fvvord, though not drawn, or 
 a pifiol, though not cock'd ; if he hath either of thefe, 
 according to the forecited author, he may be L-wfulIy kil- 
 led, bccaufe he is "in afcu proximo olfendendi ;" and yet ■ 
 he thinks the defender may be arbitrarily punlihed. 3dly, 
 the defender is faid to exceed in the meafure, as if he kil- 
 led him for wounding, whom he might have Ihunned, *or 
 if he followed the aggrcflbr. Although mnch be left to 
 the arbitration of the judge, as to all the three; yet the 
 general rule is, that if the defender exceed only in either 
 of the three, as v. g. in tlie arms or time, the cxcefs is 
 laid to be "culpa levifilma :" if in two of thefe, as in time 
 and arms, then it is accounted "culpa a^evis," and is pu- 
 nifhable: but if the defender exceed all the three, as in 
 time, arms, and way of profccution, then it is "culpa lata;" 
 but yet he is not punifliable as if he had doloie nuirdcrcil, 
 for though it be a rule in civiiibu's, That "culpa lata a^- 
 " quiparatur dolo," yet it is a rule *' in criminaiibus, liiit 
 " culpa lata nunquam acquiparatur dolo, nbi agirur do 
 How felf-cle- 1< ^^^^^^ corporis affli<5liva." This exception offelfde- 
 rwicd a/T" ^^"^*^ '^''■''^ ^^ proponed againft the relevancy, and miifl 
 proven. hc condeicended upon, thus, the defender 1 or pannel no- 
 
 wife acknowledging the killing, yet if i r kill'd, it was 
 done in'his own defence, in fo far as the (lefunft drew a 
 fvvord, and thruft, or offered a piilol. And though he 
 prove not his exception of felf-defence, he will not there- 
 fore be condemned, except the purfucr prove the libel. 
 The way of proving this exception of felf-defence is (^ 
 favourable, that it may be proved by prefumptions, and 
 by wimefics, otherwile declinable, as coufins, fervants, 
 and witncfics who depone only upon credulity. 
 
Tit. 10. Church of Scotland. J 77 
 
 § 4. Homiridit^m culpof-m,. or faulty flanghtcr, is, Wliat Is ho- 
 -where the murder was not defigned, and yet it was com- mKK;'j;n-^cul- 
 mitred merely by accident, as if one fhould hound a '''^r, fai^^v homi- 
 at another, who fhould bile him at whom he was hound- cidc' 
 ed, fo that he fhould die thereby, in that and the l.kc 
 cafe, the oifender is not to be puniflied wiih death, but 
 arbitraiily, becaufe "aberat animus occidendi." The dif- 
 ference between this and cafual homicide, is in this, the 
 committer " verfatur in illicito," but not fo in the other, 
 yet they both agree in this, that they wanted all defign of 
 killing. 
 
 § 5. Wilful murder is committed by fore-thought fello- Wvlful mnr. 
 ny, and if he who intended fo kill one, did not by a miT ^^j ^^Ij^J^^^' 
 take kill him, but killed another, yet he is to die, bcca\ife -^ound is to 
 he killed a man defignedly. Since the deiign of killing be j-idged 
 depends much upon the nature of the wound given, then mortal, 
 where the wound was not deadly, the infli^lor thereof 
 cannot be punillied as a murderer, though the perfon 
 wounded thereafter die : and though fome be of opinion, 
 that if the party live three days afier receiving of the 
 wound, the fame is thereby prefumed not to be mortal : 
 yet generally this is referred to the arbitrimcnt of the 
 judge, who is in this to follow the opinion of phyficians, 
 or of one phyfician. if more were not prefent : but if they 
 vary, then the judge fhall not incline to punifh by death, 
 but by an extraordinary punifhment. For murder is nor 
 to be inferred but from a concluding probation : and if 
 ~ the wound be but fmall, and a fever follow, then it is 
 j>refumed that the party died rather of a fever, efpecialjy 
 if the perfon wounded walked a foot for forty days : and 
 feeing ordinarily, wounds that are moVtal do kill the recei- 
 ver in that time, it were therefore not hard to conclude, 
 that he who dies thereafter, dies not of his wounds, if he 
 has walked a foot all that time. 
 
 § 6. Night thieves, robbers, and murderers, may be KjiUnft- of 
 killed without any punifhment, when private perfons are robbers,mur- 
 
 ■ warranted to purfue them by flieriffs, juflices of the peace, derers. and 
 
 or privy conrdlors, and the robber or murderer refills to f'-^' \^^^J^' 
 11 11 ■•Ml • I r I nowwarrant- 
 
 bc appretiended. And by the civil law, it was lawlrul ^ble". 
 
 ■ for a father to kill his own daughter, if he found her 
 committing adultery, and to kill alfo her adulterer ; 
 and if the hufband kill the adulterer of his wife, 
 he was oniy to be puniflied by fbmc arbitrary pu- 
 
 A a nifliment. 
 
178 
 
 Government of the Book 1,11. 
 
 Fighters of 
 duels how 
 p'anifhed and 
 cenfured. 
 
 Self-murder 
 lioNv punifh- 
 ed, and what 
 defends a- 
 gainlt its pu- 
 r.iliuTient. 
 
 nifbment, but not by death. See the tittle of the Pan- 
 deSs, de adulter. But there is no fuch decifion yet hap- 
 pened in this country. In the memoirs of the Marquis 
 of Langallery, printed at London this year 170b, p. 85. 
 the following paflage is related, viz. a citizen of Madrid, 
 finding a Frenchman and his wife on the bed, (tabbed 
 them both. After the execution, he goes out with his dag- 
 ger in his hand, ftained with the blood of thefe two per- 
 fons, and prefents himfelf before the judges, who were 
 then upon the bench The court of jultice, without any 
 other formality, upon the recital of the aftion, declared 
 him innocent -, this he fays happened in the year 1 700, 
 and the Frenchman was a gentleman of the retinue of the 
 French ambadador. 
 
 § 7. Monomachus, or, the fighter of a fingle combat, 
 is, " fingulus qui pugnat cum fmgulo." By the 12th a£V 
 of the 1 6th pari. Jam. VI. all fuch fighters are puni£hable 
 with death, although none of them be killed, and tiie 
 provoker is to be puniflied with a more ignominious death 
 than the defender. The giving or accepting challenges 
 to fight, and thofe who carry them, and the feconds of 
 fuch, may be puniflied by the council arbitrarily, although 
 combat follow not, becaufe they tend to difturb the peace. 
 The General Aflembly by their aft 1648, difcharges 
 duels, and ordains all who fhall fight them, or make, write, 
 or receive, or with their knowledge carry challenges, or 
 go to the fields, either as principals or feconds to fight, 
 the contraveners are to be brought into public twice, once 
 in order to their being rebuked, and again, in order to 
 the profefllng their repentance ; (but the method of cen- 
 furing fuch now, is to be regulate according to the Form 
 of Procefs enafted by Afiembly 1707, of which more 
 hereafter, Book 4.) if the per (on guilty be elder or deacon, 
 he is to be depofed, and whofoever fliall refufe to fubmit 
 to the cenfure appointed by the church, fhall be proceH- 
 ed to excommunication. And by cap. 14. art. 32. of the 
 French church-difcipline, the fame upon the matter is eiv- 
 afted. 
 
 § 8. Self murder is punifhed uirh confifcation of move- 
 ables, and Chriftian burial is denied them. Furiofity and 
 madnefs ought to defend againft this punilhmcnt, even 
 though he hath lucid intervals, feeing it is more humane co 
 
 prcfume 
 
Tit. lo. Church of Scotland. 179 
 
 prefume he killed hlmfelf in his madnefs, except it can be 
 proved, that he ufed even in his lucid intervals to wi(h he 
 were dead, or to commend felF-murder. An endeavour 
 to kill one's felf, is punifhable by confifcation, as feif- 
 • murder. But it may be reafonably feared, that the inflic- 
 ting that punifhment upon it will tempt the poor creature 
 to renew its endeavour with better fuccefs. Self-murder 
 may likewife be committed by omiflion, as if a man Ihould 
 delignedly ftarve himfelf. 
 
 § 9. Parricide is a crime which is committed by killing Pamcide 
 our parents, or, by the civil law, afcendents or defcend- what, and 
 ents in any degree. By the 220th a£f, pari. 14. Jam. VI. ^^^ p'^i""- 
 parricide is punifhed only in him who kills his father, or 
 mother, good- fire, or good-dame, and they are ordained to 
 be difinherited in linea refta. 
 
 § 10. By the 2 ift aft of King William and Queen Ma- Murder of 
 ry for preventing the murder of children, it is enafted, that ^^litiren how 
 if any woman fhail conceal her being with child daring^ 
 the whole fpace, and fliall not call for, and make ufe of 
 affiftance in the birth, the child being found dead or a-n>if^ 
 fing, the mother fhall be holden and repute the murderer 
 of her own child, though there be no appearance of bruife 
 or wound upon the body of the child. 
 
 §11. The taking of potions to caufe abortion, after the . , . 
 child was quick, fhould be capitally punilhed, though the tions how pu- 
 ufing fuch means before the " fktus fuitanimatus," or to nifiiable. 
 hinder conception, is to be puniflicd arbitrarily. By the 
 9 i ft canon Concilii fexti in Truilo, it is thus determined, 
 ** eas quse dant abortionem facientia medicamenta, et que 
 *' faetus necantia accipiunt, homicidce pcenis fubjicimus." 
 
 $ 12. If the expofed infants do thereby die, the expo- The expofers 
 fers are as guilty as the takers of abortive potions, efpecial- ^^ infants 
 ly if the place was folitary and remote from fociety, and V^ ^d^'if" 
 .where beafts might devour them : But if they were expo- ^.j^' ^e ba- 
 fed where people refort, and might eafily be fcen, thefe Hards, 
 who laid them down are only to be.punilhed arbitrarily. 
 Since in this land moft rarely are children lawfully begot- 
 ten, ever expofed, therefore we are not obliged to repute 
 them otherwife than unlawfully begotten, fee Macthieus de 
 crim. expof. infant. The pariih where fuch children nre 
 found, is certainly at firft, to bear the burdcnof their main- 
 tenance and education. 
 
 Aa2 TITLE 
 
i8o Government of the Book IK. 
 
 TITLE XI. 
 
 Oflnccjly Adultery, Bigamy, Rapes , Fornicatioiiy 
 et cIl" Vciiere Moiiltroili. 
 
 Inccft what, § I, TNceft is defined by Civilians, to be, " firda et nc- 
 jts kln'l, and i- <-< faria maris et fceminias commixtio, contra rcve- 
 
 how pvuiiiii- 4, rcntiam fanguini debitani-," and they divide it into two 
 kinds. V!2.. That wliich is againfl the law ot' nature; of this 
 fort is all copulation between afcendants and defcendants ; 
 the O'hcr branch, is that which is againfl: the municipal law 
 of the country; but our laws does not obferve this didinc- 
 tion : far it is cnafl^d by pari, i. Jam. \ I. a^t 14. That 
 whofoever polutes his body with fuch perfons in degree 
 as God's uord doth contain, Levit. xviii iball be puniflied 
 with death. By the adl: of Adembly 1640. fefl ^h incef- 
 tuous perfons, in cafe the magiltrate doth not punifli them 
 \ capitally, are to make public profeffion ot repentance for 
 the fpace if fifty- two ^abbaths; but this aft is innovate 
 and amended by the 4 th aft of affembly i 705, and the i ; th 
 aftofAffembly 1707. 
 Adultery § 2. Adultery is the violation of anothers bed : Hence 
 
 what. fome give its derivation " ad alterius thorum ;" and is com- 
 
 mitted by married perfon's lying with an unmarried, or an 
 unmarried perfon's lying wirh one who is married if the 
 v/oman with whom the adultery is committed was at that 
 time living as a common whore, and the committer was a 
 * jGncle m.an, and knew rothinfr of her being married, his 
 
 punifhment mould be moderated on that account ; but if 
 the man was married, the crime is the fame, whether the 
 v^omv.n was a whore or nor, it being ftill a violation on his 
 pa:t And that the lying with a man's bc^^rothed or affidat 
 fpoufe, may be conflrufted adultery; becaiife he who lies, 
 with one who is to be fhortly married, renders the lliccef- 
 iion as doi brful as he who lies with a married wife. 
 ThednTer- § <, Notour adulter^ is by the 74th aft of pari. 9. Q> 
 
 tery. K-inu^. j.ti by the explanation of this aft given by 
 
 Uj^th aft pari. 7 Jam VI that is only declared to be 
 notour adultery, where, ifl, There are bairns anc or mae 
 
 pro- 
 
Tit. II. Church of Scotland. i8i 
 
 procreated betwixt adulterers, 'idly, When they keep com- 
 pany or bed together notorioully known. 3dly, When they 
 arc fufpe^led of adultery, and thereby give llander to the \ 
 kirk, whereupon being ad monifhed to fatisfy the kirk, the'y 
 contemptuouily refufe, and for their refufal are excommu- 
 nicare. If either of which three degrees be proved[ before 
 theJLiflices, the committers are puniihable by death 
 
 § 4. Although there be no exprefs law fur inflifting death Adultery how 
 upon ordinary adukerers, yet Mackenzie, on this title, punifliable. 
 thinks, that judges arc not hindered to inflicl the puniHi- 
 nient of death upon ordinary adulterers, by any thing ex- 
 preflcd in that forecited aft Jam. VI. otherwifc, it fliould 
 be an aft: in prejudice of the law of God, which exprefsly 
 ordain«,adulterers to be put to death, Deur. xxii. By Juftini- 
 an's 1 :54t!i N. cap i • . the civil law is altered, appointing 
 death to be inflifted upon adulterers. And by the law of 
 moil nations, adultery is only puniflied by pecuniary mulfts. 
 With us notour adultery has beenpunillied with death, and 
 fingle adultery arbitrarily. 
 
 § 5. By the aft of AlTembly Aug 5. 1 642- all prefby- pj^^^ ^,^g 
 teries are ordained to give up to the Lords of judiciary the church cen- 
 names of the adulterers and inceituous perfons, witches and fiires adulte- 
 ^rcercra, within their bounds, that they n"!iiy be proceHed ^^^^' 
 and puniflied according to law. By AfTembly 1648, kiT. 
 q8. a perfbn being once guilty of adultery, is to make pu- 
 blic profeifion of repentance twenty fix Sabbaths in lack- 
 ■ cloth ; and a reiapfe in adultery three quarters of a year: 
 but this aft is innovate and amended by the forecited aft 4 
 i cfAi'Iembly 1705. A.nd by that fame aft 1648, perfons 
 ' guilty of relapfe in adultery are to be more furamarilyex- 
 communicared. 
 
 § 6. Since adultery is only committed by married per- Themarriage 
 t fons, it is therefore rcquifiie that the hbei in adultery bear, ought;:to he 
 [ That fuch perfons v.'ere married ; and except it be proven P^"^*^*^^ ^^^ 
 or be notour ro the slFize, tliey fliould not inh the pannei, J]^^' in-euai- 
 ^ tiiough copulation be proved. Adultery may L-e pro- lite ia adul- 
 '■' ven by (Irongand violent prefumptions, as the being in bed tery. 
 'l/t together alone, and being naked, and the being frequently 
 '. alone together : likewife gifts, love-letters, ciofe 4oors, 
 the wife's being abroad all night, the entertaining perlons 
 that are known to be pimps, and cohabitation, are all pre-» 
 fumptions, upon which it is ordinary for ailzcsto illepan- 
 '>elsj, witli the afTilbnce of any other probation, 
 
 • 7- By 
 
i82 Government of the Book III. 
 
 How fhe is to § 7. By the nth aft of Aflembly 1 707, cap. 4. if the 
 be ceijlined woman who hath brought forth the child, doth declare fhe 
 who lies wit j^„Q^^,fi^ j^Qt t]^g father, and that flie was not forced, vvhe- 
 an unknown • 1 , / / • 1 • 
 
 man. ^"^'" married or unmarried, the lame cenlure is to be m- 
 
 flifted upon her as in the cafe of adultery. But if flie al- 
 ledge fhe was forced in the fields by a perfon unknown, 
 in that cafe the former behaviour of the woman fhould be 
 inquired into, and fhe ferioufly dealt with to be ingenuous ; 
 and if fhe hath been of entire fame, fhe may be put to it 
 to declare the truths as if fhe were upon oath, but not 
 without the advice of the prefbytery, and no formal oath 
 ihould be taken. 
 
 § 8. In our law a man marrying two wives, or a woman 
 Bigamy ^ marrying two hufbands, commits bigamy : and this is ac- 
 puniiiunent. Counted by the 19 aft pari. 5. Q. Mary, a breach of the 
 oath made at marriage, and therefore is punifhable as perr 
 jury, by confifcation of all their moveables, warding of 
 their perfons for year and day, and longer during the 
 Queen's will, and as infamous perfons never to bruik of- 
 fice, honour, dignity, or benefice, in time coming. It 
 may be doubted if Quakers can be punifhed as perjurers, 
 feeing they give no oath at marriage, and certainly they 
 fhould, feeing marriage implies a vow, though no expli- 
 cite oath be given. It may be doubted alfo if the two per- 
 fons marrying be guilty of bigamy eo if jo that they marry, 
 though becaufe of fome intervening accident they bed not, 
 but feeing by the fecond marriage they give contrary oaths, 
 certainly they are guilty of perjury : for perjury being the 
 medium peccali in this crime, and not copulatio or coitus, 
 as in adultery. *' Reatus contrahitur per contrarix vota." 
 A rape what § 9' R^P^' or raviihmcnt, is that crime which is com- 
 and its pu- ' mittcd in the violent carrying away a woman from one 
 ni{lim«nr. place to another, for fatisfying the ravifher's luft, and is in 
 the civil law punifliable by death, L Un C. de Rap. 
 Virg. &c. The c^jon law defcribes it thus: " Ell rapina 
 *' et violentia quasdam, qua mulier de cujus nuptiis nihil 
 " aftum eil antea, abducitur, invitis parentibus." By the 
 4th aft, pari. 21. James VI. it is declared, That although 
 the confent and declaration of the woman ravifhcd, decla- 
 ring that fhe went away of her own free will, may free 
 the committer from capital punifhment, yet Ihall it not free 
 
 him 
 
Tit. II. Church of Scotland. 183 
 
 him from arbitrary punlfhment ; which a£l infinuates that 
 the crime with us is otherwife capital. 
 
 § 10. Since minors are punilhable for adultery, much Minors, and 
 more ought they for a rape; for men in thefe years are fuch as force 
 more prone and liable to perpetrate fuch extravagancies ^o"imon 
 
 ^u u rr>i 1 • r ^ whores, how 
 
 than when at a greater age. 1 hough it may leem that puniftiabk. 
 whores are " infra legum obfervantiam," and ought not to 
 have protection from law who offend againft it; yet if the 
 whore be now become a penitent, and reconciled to the 
 church, and for a long tra6t of time hath had a chafte and 
 laudable converfation, it may be doubted if the ravifher of 
 fuch a perfon may not be punifhed " psena ordinaria." 
 
 § 1 1. Fornication is committed by the carnal knowledge Fornication, 
 of unmarried perfbns. The canon law diftinguifheih thus : what, and 
 " ftuprum (fay they j eft virginis deftoratia, etillicitus cum ^^^^ pumfh- 
 " vidua concubitus." That law commands fuch abufers {^^^ed. 
 of virgins to marry them, the parents con Tenting thereto; 
 and if they refufe to do fo, his body is to be chaftifed, and 
 himfelf excommunicated. But if the father of the cor- 
 rupted virgin will not beftow her upon him in marriage, 
 then the man is. obliged to give her fuch a dowry as virgins 
 of her degree and quality ufe to get. That fame law fays, 
 (imple fornication is " concubitus foluti cum foluta et im- 
 " pudica," the puniihment whereof is left unto the judge's 
 difcretion. That there fhould be a diftin6lion of pu- 
 nifliment inflifted upon the deflowerers of virgins, and abu- 
 fers of honeft widows, from thefe who abufe themfelves 
 with fuch women who have finned fo already, is very rea- 
 fonable. By the a6l of Aflembly Auguft 10. 1648, for- 
 nicators are to make profeffion of their repentence three 
 feveral Sabbaths; who is guilty of a relapfe therein, fix 
 Sabbaths ; who is guilty of a trilapfe, twenty-fix Sabbaths ; 
 and of a quadrilapfe, three quarters of a year, all in fack- 
 cloth, and are firft to appear before the presbytery, con- 
 fefling their fin there, before they be admitted to public 
 profeflion of repentence for it ; but this a6t is reformed and 
 amended by the Form of Procefs. By cap, 38. CeiT. i. 
 Car. II. fornication is finable in 400 1. to noblemen, 200 1. 
 the baron, 100 1. the gentleman and burgefs, and 10 1. e- 
 very inferior perfon ; and that the pain be doubled Uiies 
 quoties, and to be levied off the roan as well as the woman, 
 to be applied to pious ufes : but if fornicators be infol- 
 
 vcnt 
 
Wliat de- 
 
 ment. 
 
 Venus mon- 
 trofa, how 
 punifhed. 
 
 1^4 Government of the Book III. 
 
 vent, they arc to be pnnifhed Corporally, according to the 
 13th aft, pari. ». James VI. 
 
 § 12. Although the fnbiequcnt marriage of fornicators 
 c u ^ -^Cr niay defend them from civil punifiiment, and likewife le- 
 the puniiu- gitimates the children begotten berorc marriage, sccordmg 
 to the prefent practice, yet the church doth not judge the 
 fcandal given to be thereby removed ; and therefore, by 
 their aft 1 ith June 1646, they appoint all married per- 
 fons, under public (candal of fornication before marriage, 
 although the fcandal thereof hath not appeared before 
 marriage to fatisfy publicly therefor, their being in the 
 flate of marriage notwit'.iftanding, and in the fame man- 
 ner they fiiouid have done if they were not married. 
 
 § 13. According to Mattheus de Criminibus, " Mcii- 
 ** ftrofa Venus eit quf^cunque vel virum vel fceminam 
 *' mencitur," With us the confefTion of fodomy itfeif 
 without any other adminicles, is fufficient to infer the pu- 
 nifhment of death, except the confedor be known, or at 
 leaft fufpefted to be diftempered. Beftiality is likewife 
 punifliable with death; and the endeavour is as highly pu- 
 nifliable, if the delinquent was only hindered by others. 
 In both thcfe crimes witnefles who are liable to exceptions 
 will be received, becaufe of the attrocity of the crime, as 
 feme authors think ; fee Mackenzie on this title. We have 
 realbn to bicfs God that thefe crimes are rarely committed, 
 and fome of tliem not io much as known in this land ; and 
 therefore never any particular ilature againft them hath yet 
 been made : but our li'neis againft them bear, that altho* 
 by the law of the Omnipotent God, as it is declared Levir. 
 XX. as well the man who licth with mankind, as the man 
 who lieth with a bcaft, bepunifhable with deatli, &c. The 
 ordinary punifliment in both thefe is burning, and the beall 
 is alfo burnt or drowned with which the befliality was com- 
 mitted ; partly for the preventing of monilrous births, and 
 partly to blot out tlic memory of lo loathlbmc a crime. 
 
 TITLE 
 
Tit. 12. Church of Scotland. 
 
 TITLE Xil. 
 
 Of Penny 'Bridals, Promifaioiis Dancing, Stage-Play^ 
 hn?nodcjiy of Apparel, Drzmkennefs, 'Tippling, and 
 ABs in general agaiufl Profanenefs. 
 
 § ! . "pEnray- weddings are neither by our civil nor eccic- Penny-wed* 
 ^ (laltical conftitLitions abfoiurely difcharged, for f^ing^^. liow 
 that were ro deprive the poorer fort of the farisfaftion of ^^"'•^^^'^^"•* 
 meeting with their friends on that occafion. But our Af- 
 fembly, confidcring that mariy pcrfons do invite to tliefe 
 penny-v/eddings exceifive numbers, among whom there 
 frequently falls out drunkennefs and uncleannefs, for prc- 
 veniing whereof, by their aft February i ^th 164-;, they 
 ordain prefbyrcries to take fpecial care for rcllraining the 
 abufes ordinarily committed at thefe occaOons, as they fiiall 
 think fir, and 10 take a ftrift: account of the obedience of 
 every felfion ro their orders thcreanent, and that at their vi- 
 liration of parifnes within their bounds ;..vvhich aft is ratified 
 March 8. 1701. And b> the 12th fell AfTcnibly \y- 6, 
 prefbyteries are ro apply to magidrates for executing the 
 laws relating to penny-bridals, and the commifTion, upo:i 
 application from them, are to apply to the government for 
 obliging the judges, who refufe, to execute their oiiice in 
 that matter. By tlie 14th aft, pari. ^. Car. IL it is or- 
 dained, that at marriages, bcfides the married per.fons, their 
 parents, brothers, and fiflers, and the family wherein they 
 live, there fiiall not be prefent above four friends on either 
 lldc. And if there fliall^be any greater number of pei fons 
 at penny-weddings, within a town, or two miles tliereof, 
 that the mailer of the houfe Ihall be fined in the fum of 
 too mcrks, 
 
 § 2. The General Aflembly, by their aft July 1 9th 1 649, Promifcuous 
 finding that fcandal and abufe riles from promifcuous dan- dci-cmg cen- 
 cing, Ao therefore difcharge the fame ; the ceniure there- fi^rable. 
 of is refeired ro the feveral preilDyteries, which is ratified 
 March S. 1701. By the church dilcipiine of Prance, cap. 
 14. ait. 27. thefe who make account to dance, or are pre- 
 fent at dancing, aftqr having been feveral times admonifh- 
 ed, fiiali be excoramunicated upon their growing obflinate 
 
 B b and 
 
i86 Government of the Book III. 
 
 and rebellions, and all church judicatures are to fee this zSl 
 put to execution. By the 5 d canon concilii Laodiceni, 
 ** Nonoportet Chriflianosad nuptias venientes ballarevel 
 '' fa J tare, fed modcfte ctenare vel prandere, ut decet Chri- 
 *' ftinnos." 
 Stage-play;;, § ^. By the 28th art. of the forecited cap. of the French 
 See. condemn- church difcipline, Chriftian magilirates are exhorted not to 
 ** ' tolerate hocus pocus, and ilight-of-hand plays, nor puppet 
 
 and fiage players, neither fliall it be lawful for believers 
 to affift at comedies or tragedies, and fuch other plays, aft- 
 ed in public or private, feeing that in all ages they have 
 been prohibited among Chriilians, as tending to the cor- 
 rupting of good manners. Neverthelefs, when in colle- 
 ges it Ihall be thought fit that youth may reprefent fome 
 hiftory, it may be tolerated, providing it be not contiined 
 in the holy fcriptures, and done very feldom, and even 
 then by advice of the colloquy, which Ihall firft be fatif- 
 fied with the compofition. i n the third book of the Digefts, 
 tit. 2, de his qui notantur infamia, book. 2. § 5. iub fin. 
 " Eos enim qifi quseftus caula in certamina defcendunt, et 
 " omnes propter praemium in fccenam prodeuntes, famo- 
 " fos elfe." 
 
 § 4. By the 2 5 th art. of the above-cited cap of the French 
 Immodeity of QJ-j^j-ch difcipline, the churches lliall advertife believers to 
 denined. ^^^ great modefly in apparel, and fhall give order to abate 
 thekiperfluity thereincommitted. Neverthelefs the church- 
 es fhall make no law thereabout, the making of fuch ap- 
 pertaining to the magiltrate. And by art (>. all per- 
 fons who wear habits to have open marks of difl<)lutencfs, 
 lliame, and two much newnefs, as painting, naked breafts, 
 and the like, the confi ^ory fhall ufe ail polTible means to 
 fiipprefs fuch badges of immodefty by cenfures. All ob- 
 fcene pictures, which are apt to difpofe and incite to un- 
 clean thoughts and defires, are moft improper furniture for 
 the houfes of Chriffians, and therefore the ufers of them 
 may fall under church cenlure, if they be not removed. 
 Means and ^ c Temperance is the golden mids between abflinence 
 conlidcrati- g^jj inten'perance ; for attaining whereof, when wc arc 
 ,.pj^^-^^^'^^" fuf^ciently ffrengthened and refreflied with our ordinary 
 druiikennefs. diets, we fliould abftain betwixt them, and if we will not 
 fufler ourfelves to be thus rationally bounded, i cannot fee 
 how we can otherwife efchew the evil of being temped to 
 
 excefs 
 
Tit. 12. Church of Scotlakd. 187 
 
 cxcefs in drinking, bot i'r m the fpec'ous pretences and 
 folicitations of ourovvn vo uptuous tempers, and the entice- 
 ment and example of others ; and if we tranfgrefs the bound 
 above propofed, we cannot but fall into temptation : for 
 Card. Bona, de vitce .hriftinse pnncipiis, faith, " fsepe 
 *' nefcimus utrum fubfidium petat inevitabilis corporis cu- 
 *' ra, an fallaciaconcupifcentice nos decipiat, etin hac in- 
 ** certitudine hilarefcit infehx anima, ut fahitis obtentu in- 
 " temperantiara excufet." Our law fecms to approve and 
 appoint this manner of bounding, for the zcthacl, pari. /2. 
 jam VI. difchargeth all haunting of taverns and ale-hou- Tippling pu- 
 les after ten hours at night, or anytime of the day, except- nifliable^ as 
 ing time of travel, or for ordinary refrefliments, under the drunkcnnefe. 
 pain of being punifhed as drunkards. And therefore, if 
 one accufed for drunkennefs deny the fame, or impute 
 the figns and effects thereof proven againft him to oiher 
 caufes, as ficknefsof the {tomach, giddinefs of the head, or 
 the like, thefe defences, though they may be true, yet 
 are not relevant to defend the accufed againfi: the puniih- 
 ment of d. unkennefs, providing his tippling be proven by 
 the unfeafonable hauntincr of taverns; and it needs not be 
 thought hard that no diflinftion is made betwixt drunken- 
 nefs and tippling, feeing it is a common obfervation, that 
 tipplersareharier to be reclaimed than drunkards themfelves. 
 
 § 6. Among the remedies propofed againft the corrup- j-)j.^,i,jj, ^^ 
 tion of theminiftry, by AfTembly 13th June 164.6, aft 1 1. ]^eakhsa 
 minilfers are not only to forbear drinkuig of healths, cal- ihare, drunk- 
 led Satan's fnare, leading to excefs, but likewife to reprove «iii"yis luv,v 
 it in others, an-d the following aft of parliament, punilliing P""^^^^^^ '• 
 the fin of drunkennefs, doth appoint exceffive drinking, c- 
 fpecially under the name of healths, to be punifhed. The 
 aft I mean is K^th,fefl'" i pari. 1 Car. 11 which enafts, that 
 who drinks to excefs, or haunts taverns, as above, fliali 
 pay, the nobleman i^ol. the baron ^o merks, the gentle- 
 man, heretor, or burgefs, 10 raerks, the yeoman 40 fr.ill. 
 and the fervant 20 Hull, folie- qiwlte., and the minifler the 
 fifth part of his ftipend : which fines are to be applied as tlie 
 fines for other immoralities, and the infolvent are to be pu- 
 niflied in their perfons 
 
 § :■ . Such as commit crimes in their drink, are fometimes, 
 for wantof defign and malice, more meekly puniflied than 
 others, efpecially if they were cheated, upon defign, into 
 
 jb b 2 that 
 
iS8 Government of the Book III. 
 
 If fiich as that condition by others. And in this cafe, the law diftin- 
 
 are c.vuiai ffniibeth inter ehrios- who arc rarely drunk, and e'oriofos, 
 
 for cviines ^'^'^^ ^'"^ habitually fiich ; for thcfe laft fhould be molt fe- 
 
 uncl can con- verely punifhcd. both forthcTdrnnkennefs, and the crimes 
 
 Xr^A. occalioncd by it. And fuch as make themfclves drunk, 
 
 iipon dei'gn to exciife or lelTen thereby the (In they are to 
 
 commit, merit no favo ir ; and fuch as know they are P.ib- 
 
 icfl to cxtravacrancic* in their drink, merit a-> liitic. Per- 
 
 fc^ns that are incapiblc and itupid through drink, the lavy 
 
 not only forb'ds people to coiUra»5i with them, but makes 
 
 all controls then made reducible on that head. The lavy 
 
 is lo far from countenancing fraud, tliat it repairs the irju- 
 
 rcd againfl it Sec Stair's Inft;r. p. 98. and 60.'. 
 
 § a. By the 4-Cth a^l. Ccif 4. pari. King William and 
 Prc%tencs Queen Mary, pre'byterics areordained to appoint i:'.fbrm- 
 ir..\y arpoiiit acrainU and nrofecutors of profane perfbns, within 
 
 o-aniiV. vice, ^^^^^ bounds, before the civil magutrate. And by the 1 3tri 
 aiul how a£l: of the following felfion of th.it parliament, all magi- 
 iiK^ges refi- f^ratcs are flri^ily required to execute the laws ag-ninft pro- 
 the fa're are ^''^"^^^^'^ ^^ ^^1 times, and againit all perlons, wncther or- 
 liable. ficers, foldiers, or others, without exception. And ifa- 
 
 ny of thefe judges ihall refufe or delay to put the faid 
 Jaws to execution upon application from minifter, kirk- 
 feffion, or any in their name, giving information, and of- 
 fering fufficieiit probation againfl the offender, that every 
 one of the judges fo refufing or ncgle^ling, fliall, ioiies 
 quo: ■ j,be fubjcfl and liable to a fine cf an hundred pounds, 
 10 be applied for the ufe of the poor of the parifli where 
 the fcandal was committed : declaring hereby, that any 
 ior the kirk-fellion or minifler, having tlieir warrant, ma\'' 
 purfue any of thefe negligent judges before the Lords of 
 feffion, who are ordained to proceed fummarily ; and that 
 it fliall be a fuflicient probation of the judges refufal, if the 
 piirfucr indrqfi, by an inflrumcnt under a notary's hand, 
 and wifnedcs thereto fubfcribing, and deponing thereup- 
 on, that he made application to the faid judge, unleis the 
 judge fo purfued, condefcend and infh'u^l, that within the 
 ipacc of ten days after the Jaid application, he gave orders 
 to cite the party complained on, within tlie fpace of ten 
 days, and at the day of compearance, he u'as ready to 
 have taken cognition of tlic fcandal complained on, and 
 if)ftfu(t and condefcend on a relevant rcafon why the laws 
 
 were 
 
Tit, 12. Church of Scotland. 1S9 
 
 •were not put in execution. By the :; ifl atSc, fell 6. of K. 
 William's pari it is ordained, that in every parifh, where paj-ifh magi- 
 any of the ordinary inferior judges happen to refide, they ftrates for 
 fliall execute the laws agninft profanencfs, and mocking P^^^i^^^'g 
 religion and the exercife thereof, at the infiance of any fentencernot 
 perfon whatfoever who flTall purfiie the fame; certifying to be advo- 
 rhem, if they fail therein, either by them/elves, or cate or fuf- 
 their deputes, the Lords of fcfTion will appoint judges in P^"'^'^'^- 
 that part* And in other parifnes where no luch magidrates 
 do refide, it is ordained, that the forefaid perfon^ fiiall ap- 
 point deputes for the faid parillies, with the flower and 
 for the end forefaid, fuch as fliall be named to tliem by 
 the heritors and kirlt-feffion thereof. h'/Ut. really, it is 
 iureign to members of a kirk-feffion, conHdered as fiich, 
 to chufe or prefen: a civil magiih-ate, even as it is to a ci- 
 vil court, as fuch, to chufe or prefenc the members of a 
 kirk- fcfTion. And farther, they difcharge advocation, fim- 
 Dlicitcr, of procefies, againlt immorality from thefe par*fh 
 judges -, and Jikewife, all fufpenlions of their fentences, 
 withcnt ccnllgnation or liquidate difcharges. It is alio or- 
 ' daincd, that in cafe c^f calumnious fufpending, the Lords 
 of fefilon decern a third part more than is decern- 
 ed, for cxpenccs ; and likcwife, they appoint the fines to 
 be inftantly paid ii- to the parilh collecflor for the poor, or 
 the party nnprifijncd till fufiicicnt caution be found for 
 payment of the fame, or othervvife to be exemplarly pn- 
 nilhed in his pe; fon in cafe of inabilitv. It is ;iifo cna£l- pifferf-nce 
 
 ed, that no pretence of different perfuafion in matters of ^" religion 
 . . ' . • . exeeiTis rot 
 
 ^ religion, fnali exeem the delinquent from being cenf'jred from church 
 and punifbed for fuch immoralities, ss by the laws of this cemure. 
 kingdom are declared to be punifliablc by fining. And it 
 is recommended to the ptivy council, to take further ef- 
 fcdiLial courfe agnlnfl: profanenefs, and for encouraging of 
 
 f fuch as.fliail execute the laws againff it. 
 
 § 5. By the acts of Allembiy for fupprcfllng profane- cifcjpiine ^o 
 
 nefs, they appoint as follows: 'i hst church judicatures be faithfullv 
 
 execute diicipiine faithfully againfl all fcandaioiis conver- o:.s-=rc3f<'c{,g«i<i 
 
 facion, and in particular, againff drunkennci^* and fvvcar- I't^'^'^ 5^^ ^'V* ' 
 1 • I 1 • J J t f ^-nty IS to re 
 
 ing, but With tnat gravity, prudence,^ ?.nd mcekncfs of^dmomflicd. 
 
 wifdom, as may prove mofl cfTecfual for rcci'iiir.ing them. 
 
 And minifters are to be free with pcrf>ns of quality for 
 
 amenditig of their huhs -, and if it be fouud needful, pref- 
 
 bjreries 
 
190 
 
 Go\''ERNMENT OF THE 
 
 Book III. 
 
 Who grant 
 and ufe teiti- 
 monialsjtheir 
 contents. 
 
 Seflions and 
 prelbyteries 
 are to keep 
 days for prajf- 
 cr, and pafs 
 r>rivy cenfurc 
 duly, and mi- 
 niilers to be 
 frequent in 
 coiiveri'e. 
 
 Men of bufi- 
 nefs not to be 
 excul'ed tor 
 tarry ina; late 
 in taverns, 
 and carriers 
 .muil have 
 tefljmonials. 
 
 Abftraas of 
 acts of par) ia 
 meat and ui- 
 
 byteries are to appoint feme of their numb; r to con- 
 cur with the miriOer in adrnonifliing fuch. Mafters of 
 fa ilies are to receive no fervants, but fuch as have telli- 
 monials of their honeft behaviour; a'd none ought to get 
 t "{limonials, but fuch as are free of fcolding, fwearing, 
 and fuch Hke more common fins, as well as fornication, 
 adultery, drunkennefs, and other heinous grofs evils And 
 the ordinary time f;f giving teftimonials is to be in face of 
 feffion ; but if an extraordinary exigent happen, let it be 
 given by the minilter, with confent of tlie elder of the 
 quarter. If they have fallen, or rela;)(ed into fcandalous 
 fins, let their teitlmonials bear both their fall and repent- 
 ance ; but it were more charitable, that the fcandal were 
 fuppreffed, and remembered no more. And pcrfons of 
 quality removing to Edinburgh, or elfev/here, v/ith their 
 families and followers, if they carry not telVuriOnials aloi.g 
 with them, the minider from whoii they remove, fliall 
 advercife the minifler to whom they come, if to his 
 knowledge they be lying under any fcandal It is recom- 
 mended to miniflt rs, prefbyteries, and feffions to meet to- 
 gether for private failiig and prayer, and conference a- 
 bout the (late of the church, with refpedl to the growth 
 and decay of godlinefs, and fuccefs of the gofpel ; and in 
 thefe days the presbyteries ought to pafs their privy (■en- 
 Cures^ and both fynods and they are exhorted to perform 
 them with more accuracy, diligence, and zeal. It is ap- 
 pointed, that minillers be frequent in j'tivate perfonal 
 conference with ihofe of their charge, about the flate of 
 their fouls And preHDyteries are to take fpccial notice off 
 minillers, who do convcrfc frequently and ordinarily with 
 malignants, and with fcandalous and profane per Tons, efj-e- 
 cially fuch as belong to other parilhes. AVhcreas men of 
 bufincfs for their too late fitting in taverns, efpecially on 
 Saturdays night, do pretend relaxation of their minds ; 
 therefore it is recommended to miniiT:crs, where fuch fin- 
 ful cuifoms are, to reprcfcnt the evil thereof both public- 
 ly and privately, und call fuch to redeem that time, which 
 they have from bufinefs, and employ the fiune in conver- 
 fing with God. It is appointed likewife, that carriers and 
 travellers bring teltimonials from the places, where they 
 reflcd on thefe Lord's days wherein they >•■ ere from home, 
 to ilicir own niiaidcrs. An abQra^t of all acls of Afiem- 
 blics againfl profanenefs is to be got and printed ; and al- 
 
 fo 
 
Tit. 13. Church of Scotland. 191 
 
 fo it is overtured, that an abftra^l of all afts of parlia- fembly a- 
 raent againft the fame be gotten And each prefbytery is gainftvice to 
 to hear the fame read twice a year, at two diets to be ap- ^ S^^* 
 pointed for that effeft. And it is likewife recommended 
 to prerbyteries, to prepare overtures to GeneralAflcmblies, 
 that they being found proper means for curbing of vice, 
 may by them be enacted. It is appointed, that perfons crofs isrio- 
 grofsly ignorant be debared from the communion ; for the ranee how to 
 firft and fecond time fuppreiTing their names; for the be cenfured. 
 third time exprefling their names ; and for the fourth time 
 let them be brought to public repentance : this is to be 
 vmderftood of thofe that profit nothing, nor labour for 
 knowledge ; for if they be labouring to profit, they ought, 
 by the aft of /• flembly, to be treated with more forbear- 
 ance. All which means for fuppreffing of profanity are 
 enabled by AlTemblies Auguft 10. i6+ij. April 14. 1^94, 
 January ^4. iD^b, January 30. 1699. 
 
 TITLE Xlil. 
 
 Of Theft, Sacrilege y Ufur-j, Falfehood, Beggars 
 and Vagabonds, 
 
 § I. '' 1 'Heft is defcribed by lawyers to be "fraudulo- Theft what, 
 ^ "fa contreftatio, lucri faciendi gratia, vel '^"^ punifh- 
 *' ipfius rei, vel etiam ufus ejus poflefFionifve, quod lege ' ^/"^I^J 
 ** naturali prohibitum eft." By the word contre^fatio, 
 they undcrftand, not only the away -taking of a thing ; for 
 y theft is committed not only by concealing what was taken 
 from another, but likewife the unng a thing depofired or 
 impignorate to other ends and ufes than was agr^d upon. 
 When one is urged by neceflity, not from a defire to gain, 
 to take food or raiment from the owners thereof, without 
 their confent, he is not to be defpifed, but rather pitied 
 and pardoned, Prov vi. 30, By the 8 jd aft, pari, ii. 
 Jam. Vl. it is ftatute, that whofoever deftroys plough, or 
 plough-graidi, in time of tilling, or wilfully deitroys the 
 corns, ftiall be puniflied therefor by the juftices to the 
 death as thieves ; but our prafticc in this is a little ar- 
 bitrary and uncertain. By the z 6th aft, {&([. i. pari, i , How ftollen 
 Car. II it is appointed, that the perfons from whom goods f" recovered 
 are itollen, purfuing the thief, ufquead Icntentiam, iliall 
 
 have 
 
192 Government of the Book III. 
 
 have his ov/n goods again, where -ever they can be had, or 
 the value; and he is to have his cxpences of pro(ecuting 
 the thief, out of the readied of the thief's rroods. 
 Sacrilege § 2. Sacrilcgus dicitur qui facra legit. By the canon hvty 
 
 what, and facrilege is co.nmitrcd, either properly, when a thing fa- 
 ° ^^ ^ ^ cred is taken out of a (acred place; or lefs properly, when 
 a facred thing is taken out of a profane place, or when a 
 profane thing is taken out of a facred place ; This crime is 
 likewife committed when facred things are imbezzled. 
 Though with us, there be no formal confecrations of 
 churches, vedments, cups, &c. yet tofteaiany thing deC- 
 tinatc to God's fervice, or even to fteal any thing out of a 
 church, ought to be looked on as an aggravation of the 
 crime of theft. 
 - ^ , § ,^. The taking cf more annualrcnt than the quota 
 
 its feveral ' ft^tcd by law, is the firft branch of ufury ; the fecond is, 
 branches, to take annualrents before the term of payment ; the third 
 how it is pro- is, to take wadfets in defraud of the law; by doing this, 
 venandpu- they do not take more annualrent direftly than what is 
 prefcribed by the law, but they take wadfets of land fioin 
 the debtor for more than their annualrents can extend to, 
 and then they fet back-tacks to him for payment of what 
 is agreed upon. The fourth branch of ufury with us, is, 
 to take bud or bribe for the loan of money, or for conti- 
 nuing it. But it were againft reafon, that by lending mo- 
 ney to my friend, I fliould become incapable of a donation 
 from him. By the act 7. pari. 16. Jam. \T. it is 
 appointed, that ufury fhall be proved by the oath of the 
 party receiver, of the unlawful annualrent, and witneHcS; 
 infert, without receiving the oaili of the giver of the ufury, 
 for eviring perjury. The pain of ufury with us, is, that 
 the debtor fliail be free from his obligation, or have back 
 his pledge ; or if the debtor conceal, then the revealer 
 fliall have right to the fums, aCt 222. pari. 14. Jam. VI. 
 and by the 248 aft, pari. 15. Jam. VI. it is appointed, that 
 ihc ufury bond or contraft fliall be reduced ; and being 
 reduced, the fum fliall belong to his Majefty or his donators, 
 and the party to have repetition of the unlawful annualrent 
 paid by him, in cafe only he concur with the donator in 
 the reduftion. Ufury is called crimen utriufque fori, and 
 how miniiiers arc to be cenfured for ic, See book. 4. tit. /;. 
 Fairphood § +• F^lfchood is a fraudulent fupprcillon, or imitation of 
 
 what. truth, in prejudice of another. This defcription of crimen 
 
 . fiid 
 
Tit. r^* Church of Scot^xand. 193 
 
 falfi, or falfitas, doth agree with that given by the Canon- 
 
 ifts, viz " Eft fraudelenta five dolofa veritatis imitatio, vel „ ^ , . . 
 
 *' occultatio " This crime is committed in writ, either ^^^^™°^ ^'^ 
 
 by producing a falfe writ, if they knew it to be falfe, and 
 
 abide by it, or by fabricating a falfe writ. Again, it is 
 
 committed by omiflion, in a notary's not fetting down what 
 
 he was required to infert in his inftrument, or the omitting 
 
 to exprefs the day and place, when the omitting thereof 
 
 might have been difadvantageows. By the 2 2d a£i:, i:arl. 
 
 ■23. Jam. VI. the makers or ufers of falfe writs, or accef- 
 
 fory to the making thereof, are to be puniilied with the 
 
 pains of falfehood ; and the counterfeiter, fallifier. or ac- 
 
 ccifory, cannot, by padiiigfrom the writ quarrelled, tree 
 
 him(elf from the punifhment. The punifliment of forgery 
 
 is declared, by aft 22. pari. 5. Q^ Mary, to be prolcripti- 
 
 on, difiTjembring of the hand or tongue, and other pains of 
 
 the canon or civil law. 1 he fecond fpecies of falfehood is, Faliebood 
 
 that which is committed by witneffes in their depoliiions, ^o^nttedby 
 
 by taking money to depone or not depone ; by conceahng 
 
 the truth, or expreffing more than the truth, though they 
 
 received no money. And, tinrdly, by deponing things 
 
 exprcfsly contradiftory ; but in th s cafe, the contradiftion 
 
 muit be palpable, and not confequential, '* Nam omnis in- 
 
 ** terprctatio prceferenda eft ut difta teftium reconcilien- 
 
 " tur " By cap. 4.6. pari. 0. Queen Mary, falfe witnef- 
 
 fes, and their inducers, are to be puniHied by piercing their 
 
 tongues, efciieat of moveables, and infamy, and farther at 
 
 the judge's difcretion. Perjury differs not much herefrom, periarvwhat 
 
 for it is defined by lawyers to be a lie affirmed judicially u- and how pu- 
 
 pon oath, and it is puniftiable by confifcation of all their "Wied. 
 
 moveable goods, warding of their perfons for year and day, 
 
 and longer during the Queen's will, and that, as infamous 
 
 perfons, they ftiaii never be able to bruik pffice, honour, 
 
 digni'y, nor benefice in time coming. For this fee the 1 9th 
 
 a£l:,parl.5.QueenMary. There is a third Ipecies of falfehood Forging of 
 
 committed by foraint^ true money, without authority, by wo"^}^ how 
 
 r ,r k - • J It • r • 1 punifhed. 
 
 coining ralle money, or by mixmgand ahaymg worier with ^ 
 
 nobler metals in current coins, or by venting and paffing 
 
 the adulterate money coined by others, or entertaining the 
 
 forger.>, or being art and part with thefe coiners. i his 
 
 crime is commonly punifhed by death. The fourth fpc-' 
 
 cies of falfehood is committed by ulingof falfe weights and 
 
 C c meafures. 
 
194 Government of the Book Hi . 
 
 Falfevveirr^ts-meafures. By the 19th pari. a£l 2. Jam. VI. the nfers 
 their punifh- of" falfc weights and mcafures, are to tine their haill goods 
 mtnt. jjj^^ gear. Having of falfe weights iia the fliop prefumes 
 
 ufing, except this prefumption be taken off, by allcdging 
 that the weights are prefcntly bought or borrowed, or laid 
 AlTumingofa ^q^q 33 light. Falfehood is alfo committed by afTuming a 
 how punifii- ^^^'^ name, and by prefenting one perfon for another at 
 ed. the fubfcribing of papers : for flich impollors the punifli- 
 
 ment of death hath been inflicted. Decemb. 12. 1611, 
 mentioned by Mackenzie on this title. 
 Beggars and ^ -^ ^y ^^^^ ^.id aft, pari ^. Jam. V. no beggar born in 
 y^^,, fnnref- °''^ parifn is to be allowed to beg in another, and badges 
 fed arid-pu- ^re to be made by the head linen of each parifh for lijat 
 niihed. effcft; which law agrees with thofe of other nations, fee 
 
 Matth. de crim. de improba mendicitate. And by book 
 1 1, title 25. of the Codex de validis mendicantibns, they are 
 diftir:c:iiiflied from the poor, and punillied as we do ilurdy 
 beggar.? and vagabonds. Car. II. pari, i, reiT. 3. cap 10. 
 it is ordained, that all mailers of raanufaftoric^s, may, with 
 advice of the magiftrates of the place, (eize vagabonds, and 
 idle poor perfons, and employ them in their work, and ex- 
 aft off' the pariflies where they were born, or if not known, 
 the pariilies wliere they have haunted for three years be- 
 fore, two lliillings per diem, in manner prefcribed in the aft, 
 and thereafter' may retain them in tlieir fervice for fcven 
 years for meat and cloaths. Sturdy beggars and vaga- 
 bonds lliould be proceeded againft by the Hicriffs, and o- 
 ther judges, and they may cxaft caution of them : but if 
 they find none, they fliould be denounced fugitives, and 
 they may be fent to public work-houfes, or correftion- 
 boufcs, or put in the (locks; and if they be relet after 
 they are denounced fugitives, their refetters are liable for 
 the perjudice fuftained, and the parties damnified will have 
 aftioii againfl: the magiflrates within whole bounds thefe 
 vagabonds are willingly relet. See Jam. VI. pari. 1. cap. 
 97. and pari 1 1. cap. 97. pari. 12. cap. 124. 144. 147. 
 and pari 15. cap. 268. and Car. K. pari. 2. felf 3. cap. 
 j«. By the aft of the General AlFembiy September r. 
 1 647. it is recommended to prefbyreries, to confider of the 
 bed remedies, for preventing abufes committed by beggars 
 living in great vilenefs, and many of their children want- 
 ing baptiim. 
 
 TITLE 
 
Tit. 14. Church of Scotland. 195 
 
 TITLE XIV. 
 
 Of Art and Part, 
 
 § I. 'THHese who are aiTiilers by counfcl or other- Art and part 
 
 -■- wife, are in our law faid ro be art and part of explained, 
 the crime. By art is meant, that the Ciime was contrived 
 by their art and Ikill, eorum arte ; by part is meant, that 
 they were iharers in the crime committed, when it was 
 committed, el quorum pars magna. The Civilians ufed, in 
 place of art and part, ope et coffdio ; by our law fuch a(- 
 fifters are called complices. 
 
 § ?. By the i5irt ace, pari t i. James VI. It is ordain- ^°"^"^/^^'^'^' 
 ed, that nothing can be obje£i:ed againd: the relevancy of ^1.'^^^^^'^^°' 
 that part of the fummons, which bears, that the peribns 
 complained upon are art and part of the crimes libelled: 
 but the judge here is to confider, whether the advifer gave 
 the counlel upon the account of former malice conceived 
 by himfelf ; or if it was only given in refentm.ent of any 
 wrong done to the committer, and is to be more feverely 
 puniflied in the firfl: cafe than in the laft. 2dly, in the 
 cafe of advice, the advifer's age is much to be confidered; 
 for though minors, and thofe who are drunk, may be pu- 
 niihed for murder, yet it were hard to punifh them for 
 advice, gdly. The v\ords in which the advice was con- 
 ceived fliould flili be interpreted moft favourably lor the 
 advifer; for words are capable ci feveral and dillincl fen- 
 fes, as they are underftood by the refpe£tive fpeakers, and 
 they vary by the very accent or punftation. ^thly. If the 
 advifer retra£led his opinion, he ought not lo be puniflied 
 with the ordinary punijfl"mient, if he thereafter and inOant- 
 ]y intimated to the pcrfon againit whom the advice v. as gi- 
 ven, what danger he was in, and alfo dilTuaded the com- 
 mitter from following the advice given. 
 
 $ ^. He who allowed his houfe to the adulterers, forW^^o are pu- 
 
 Frpetrating that crime, or for confu king about the ccra-"^''^^'- .^^. 
 . ' . , ^ ,. . . , • n 1 I 1 \ ■ acceiiories m 
 
 nnttmg tn. reor, is certamly pumihable, though it was not adultery. 
 
 committed. He who retains his wife, after he found her 
 
 commitiing adultery, and lets go the adulterer, is puniih- 
 
 able as a leno, pimp, or baud, providing he take money 
 
 to conceal the adultery, " Nam icnocinium eft, ubi mari- What is le- 
 
 C c 2 " tus "o^i^^i'J"'- 
 
196 Government of the Book III. 
 
 *' tus quaeftum facit de corpore uxoris.'* He who gives 
 warrant and order, or hires others to commit adultery, de- 
 fcrves the fame punifhment with the adulterer, and in ef- ^ 
 feft he is mod guilty, feein-^* he wants the natural tempta- 
 tion of the adulterer, a; d commits the crime in contempt of 
 tlje law 
 Panc1er<?, &c. § 4- Panders, pimps and bauds, making gain of the 
 am' iiinkeep- whoredom of Others by th. ir help and advice, deferve fe- ^ 
 t-rs bow piir yg^fj punilhmenr as accellories to their wickednefs. As like- 
 whoredom^ ^''''^'^^' ^^^ keepers of taverns and alehoufes, who furnifh 
 unci flraiik- their guelis with liqviors unto drunkennef-, or fell thofe li- 
 enncCz, quors at unlawful times, or to drunkards, are to be punifii- 
 
 (ed themfelv&s, as drunkards, according to the inftruftions 
 given to thejultices of the peace in the i jth aft pari. 1 . feC. 
 ^. Car. U. And there fcems to be good reafon for it, fee- 
 ing the bcft: of druggs given to excefs, either as to quan- 
 tity or quality, and whatever overpowers our nature,- is 
 poifonabl^o 
 
 » Q K 
 
Tit. I. Church of Scotland, 197 
 
 BOOK IV. 
 
 TITLE I. 
 
 Of Scandals and Church-difciprme in general. Of 
 the Method of proceeding ivith the Scandalous, 
 and how Scandals are to be tabled before Church- 
 judicatures. 
 
 « 
 § I . T T 7E are not here to iinderftand hy, fcandal, a Scandal 
 yy thing a^luallydirplealSngthe party ofTended ; what, 
 nor is it always to be judged by the matter, 
 feeing offence in lawful matter may be taken, where it is 
 not given, as in that eating and drinking mentioned Rom. 
 xiv. Or in taking wages for preaching the gofpel, i. Cor, 
 ix Neither is it the plealing of men that doth always e- 
 dify them, nor the difpleafing of them that doth ftiim.blc 
 or fcandalize them; butfcandal is fomething accompanying 
 word or dead, with luch circamftances as maketh that word 
 or deed induffivt? to (In, or impeditive of the fpirituai life, 
 or comfort of others. 
 
 § 2. Church difcipline ferves chiefly to curb and reftrain wrj^^jj ofFen- 
 the more peccant humours of profcfTors, and therefore fins ces are to be 
 of infirmity, flri6tly fo called, which are not in ihemfelves brought to 
 fo fcandalous to others, fliouJd not be any part of the ob- ^^Jj^^^^q" 
 je^t thereof, oiherwife its esercife might prove more mo- 
 Jeding and offeniive than edifying and fanative. Again, 
 offences fromdifputable pra£rices, or things indifferent, are 
 not properly the objc^l of church cenfare, becaufe there is. 
 pot a folid ground therefrom for thorough conviction of the 
 party. Further, offences which the church may find can- 
 not be proven, ought not to be profecute, for ihus her au- 
 thority is much weakened, and neither is the offender edi- 
 fied. In the laft place, though fome grofs fcandals (which 
 pre not public or flagrant) may be proven by two or three 
 witnefles, fefpeciaily if it be againlt a perfon otherwife or- 
 derlyj yet he is not therefore to be cited to appear in pu- 
 blic, except upon fuppofition of his obltinancy to acknow- 
 ledge 
 
198 Government of the Book IV. 
 
 ledge the offence to thofe who knew and were offended 
 therewith ; which method is agreeable to that of Chrifl's 
 prefcribing, Matth.xviii. for the removal of private offence. 
 But, on the other hand, fcandal fhould be taken public no- 
 tice of, when they arc of their own nature grofs and infec- 
 tious ; next, when the offence becomeih public, though at 
 firft it was not fo, and when it is accompanied with con- 
 teoipt of private admonition, or with fiequcnt relapfes 
 therein. 
 The ends ard § 3. Church difcipline and cenfures are for vindicating 
 ^(^ ot church ii^Q honour of Chrifl:, that fuffers in the mifcarriage of any 
 1 "-"P !"*=• member : again, they are infii^led on the church's account 
 for prelervitig of her authority, difcipline being as the cc- 
 clefialfical whip for that end, and for preferving hoc front 
 corriiptiun by the fpreading of the leaven of profanity, A- 
 nother end of church difcipline is for the oflbnder's good, 
 that they may be alhamed to the defiruiUon of the fiefli, 
 and faving of the fpirit in the day of the Lord Jcfus, i Cor. 
 V. 5. aft I r. Affem. 1707. cap, i. fefl:, 3. 
 OfFences of § 4. The fame offences upon the matter are not to be 
 the fame profecute at all times, nor againft all perfons, and in all 
 km , not to p|jj^,gg jj^ j}^g fsime manner : thus we fee the Apoi-tie Paul 
 be always -^ r r r ■ tj ^ j 
 
 m.artn-Ted af- iti lome calcs cenlunng corrupt men, as Jriymeneus and 
 
 ter the fame Philetus, I Tim. 1. 20. fbmetimes he thrcat^ieth, and yet 
 manner. fpareth, although the fcandal did merit cenfure. Gal. v. 
 
 12. he faith, 1 wilh they were cut off that trouble you ; 
 yet he cuts them not then off, becaufe he found not the 
 prefent circumftances of the church to require it. See alfo 
 2 Cor. X. 6. where he faith, having in a readinefs to re- 
 venge all difobedience, when your obedience is fulfilled ; 
 therefore it ought not always to be accounted partiality, 
 when fuch differences in church procedure are obfcrved ; 
 providing nothing be done with refpeft of perfons. on ci- 
 vil or natural accounts : and alfo, providing the difference 
 be rather in the manner and circum'dances of proceeding 
 againft fome offences, (efpecialiy if they be fuch where 
 no rule how to proceed againft them is fixed,) than in dif- 
 penfing with what feem.cth to be material. 
 The order § 5. The order prefcribed by our Lord Jefus Chrift, 
 
 prcfcribcd, Mntth. xvJii. for repairing and profecuting of private of- 
 
 Matth. xviii. fences, implies, ift, That whether they be in lefTcr par- 
 to be oblerv- . , * . .- , ■' , r \ 
 
 cd, and what ^iculars, or in greater, yet ir known, to but aiew, they 
 
 it implies. Src 
 
Tit. I. Church of Scotland. 199 
 
 are notinftantlyto be brought to public, (except fome cir- 
 cumftance necefTitate the fame for greater edification) 
 which order ought to be obferved by minifters, elders, 
 and private perfons, a6t i i. Adem. 1707, cap 2. feft. i. 
 It implies further, that when the perfon offending doth ac- 
 cept of a private admonition, there is then no more men- 
 tion to be made thereof. Again, if that private admoni- 
 tion prevail not, then the perfon offended is purpofely and 
 ferioufly to take two or three with him, for the further 
 reclaiming and admonition of the offender, before it come 
 to the church, which may be fitly done at miniflerial vi- 
 fitation of families. Moreover, it implies, if this hath not 
 the defired effe£l, then is the offence to be delated unto 
 the church- feffion ; and when it is brought there, it were 
 fit, that fome who had been witnedes to the private admo- 
 nition, were brought with the parties, to inform the judi- 
 catory, and inllruft that the offender hath been ferioufly 
 admonifhed in private, but without fuccefs : therefore it 
 is convenient that the witnefles to the private admonition 
 be members of the felfion. In the lafl place, we may 
 draw from this order, that if the feffional admonition have 
 weight wiih the offender, fo as to reclatrn him, and fatify 
 thole he had fcandalized, there is no need for rebuking 
 him before the congregation, except the forbearing a con- 
 gregational rebuke may hazard the infe6tion of others, and 
 encourage them to follow the offender's practice. 
 
 § 6. One is obftinate when he doth refufe either to When a per- 
 hear private admonition, or doth decline to appear and an- fon is to be 
 fwer before church judicatures, after a third citation, ei- ^'^'^°™^^*^ 
 ther perfonally apprehended, or a copy thereof left at his °^^"''^^^* 
 dwelling houfe: but one citation given, apud a(5i:a, is per- 
 emptory, and difbbedience thereunto may infer contu- 
 macy likewife, aft 11. Affcm. 1707, cap. 2. feft. 4. 5, 
 In the next place, it is contempt in one, when appearing:, 
 to juflify his offence, or deny it when evidently proven. 
 It is alfb contempt, when one acknowledges his offence, 
 but with a proud and infolent behaviour ; or, who ufeth 
 haughty, reffefting, or irreverent expreflions. Such an 
 offender doth thereby vilify the ordinance of Chrifl more 
 than if he had made no compearance at all. Laflly, it 
 may be condruflcd a not hearing of the church, when one 
 
 continues 
 
200 Government of the Book J V. 
 
 continues to commit the fame fins, notwithftanding of his 
 ferious-like penitence for the fame. 
 What fatif- § 7- Every verbal acknowledgement and promife of a- 
 fying, and niendment, ought not always to be fo fatisfying as ro fift 
 what not, for procefs ; for notwithftanding of all that, the offender's gef- 
 fcandah^ ° ture when compearin;'-, his exprefllons elfewhcre, and his 
 common walk and converfation, may convince the judica- 
 tory that he is but a mocker ; on the other hand, church 
 officers ought not to delay the removing of an olfence, till 
 they be fatisfyed that the offender is fincerely and graci- 
 ouily penitent, i'ov that would engage church judicatures 
 ro decide as to the Hate of fome fouls, v/hich is bold for 
 them judicially to dive into, and when all is done impofll- 
 ble to arrive at any certainly about it. It is to be noticed, 
 that in church -difcipline a difference is to be made be- 
 tween what is fatisfaftory unto a church judicature, lb as 
 to admit the offeixier unto all church privileges, as if the 
 offitice had never been ; and what may be fatisfying, fo as 
 to fift procedure for the time. Upon Simon Magus his 
 confeffion, A6ls viii. 24. it is probable, that as he then did 
 thereby prevent excommunication ; fi upon it, it is not 
 probable that he was thereupon immediately admitted into 
 church communion. There is requifite then in the offender, 
 who intendeth to have accefs to church privileges, a fib- 
 ber, ferious acknowledgement of the offence, with the 
 exprcffion of an unfeigned-Jike purpofe to walk inoften- 
 fively, and efpccialiy to watcii againd: relapfes ; and if 
 there appear no ii round for hindering the judicature to c- 
 fteem the offender one, who purpoleth as he expreileth, 
 they Ihould accept of his expreiuons as futisfacl:ory. 
 . § 8. By the aft of Adembly n^gb, ratified lO^S, it is 
 
 be admitted appointed, that none falling into public iLmders be recci- 
 to public re- ved into the fcllowlhip of the kirk, except the minifier 
 pentance, have fome appearance and warrant in conicience, that he 
 
 and wi. en to j^^thbotha feelingof finandapprehenfion of mercy, and for 
 
 be abfolved. , . ^ ^ , , ^ . .^ *^ *^ i • i i • • i .^ • j 
 
 this eiTect that tne miniircr travel with him m doctrine, and 
 
 in private inftruftion, to bring him hereto, and efpecially 
 
 in the doftrine of repentance ; which being negiefted, the 
 
 public place of repentance is turned into a mock. By the 
 
 4th aft of Aficmbl;^ i/O^^, they do appoint and ordaii ' 
 
 (with refptrft to fcandals, the groffncfs v.'hereof makes »t 
 
 necefiary to bring the perfons guilty ofintr than once bl 
 
 fu. 
 
Tit. I. Church of Scotland. 20 1 
 
 fore the congregation.) that after fuch perfons are convict 
 before the (elTion, it be juilicially declared unto them, that 
 they have rendered themfelves incapable of communion 
 with the peopleof God in feaiing ordinances, and that they 
 be appointed to appear in public to be rebuked for their 
 fin, whether they appear penitent or not, conform to the 
 c^vine inflitution, > Tim. v. 20. And it is referred to the 
 refpeclive church judicatures concerned, to determine how 
 often fuch delinquents fhall appear in public ; and they 
 ordain, that after a public rebuke, the minilter and eiders 
 be at further pains in inftrucling the minds of the fcandal- 
 ous, and that the feflion, upon ratisfa(5lion with their know- 
 ledge, and fenfe of their fin, do admit them to public pro- 
 feffion of their repentance, in order to abfolution : But 
 if, after taking pains on them for fome competent time, 
 they ftill remain- grofsly ignorant, infenfible, and unrefor- 
 med, the feflion is to advife with the prefbytery ; and if 
 the prefbytery fliall fee caufe, that then the fentence of 
 the lefler excommunication be pronounced againft them in 
 face of the congregation, from which they are not to be 
 relaxed, nor admitted to make public profefllon of their 
 repentance, in order thereto, till the feflion be fatisfied 
 with their knowledge, ferioufnefs, and reformation. 
 
 § 9. By the rith aft, Aflembly 1707, cap j. in of- Drunkennefs, 
 fences, fuch as fwearing, curfing, profaning of the Lord*s ^wearing, 
 day, drunkennefs, and other fcandals of that nature, or- !^^^^^^^j .^_ 
 
 , dinarily the guilt for the firft fault would be fpoken to in n-airjl. 
 private by the miniffer or an elder, and on promife (from 
 a fenfe of guilt) to amend after admonition, they may fift 
 there ; but if the perfon relapfe, he fliould be called be- 
 fore the fcffion, and if found guilty, may be there judici- 
 ally rebuked, where the feffion, on promife, from a due 
 fenfe to amend, may again iiVi ; but if the perfon amend 
 not after that, the feflion ihould orderly proceed, unlels 
 repentance appear, and due fatisfaftion be ofl^ered, till 
 they inflift the cenfure of the Icfl^r excommunication. 
 
 § 10. Perhaps an offender may make (uch fatisfying ac- Public place 
 knowlcdgements for his fcandal, that the judicature can- 0^'"'^?^"^!^'^^ 
 not but judge them fufiicient to remove the fame, but on- °^^iu^e„t 
 ly he refufes to appear in the accufiomed place, where fcan- 
 dalous perfonsdo publicly profefs their repentance ; inwhich 
 
 y* cafe, 1 am fure, that formality and circumflance of a fixed 
 
 D d place 
 
202 Government of the Book IV. 
 
 p^ace is n^t of luch mo enr, as to bear the Hrefs and weight 
 of one fatisfying the chu»-ch. For the apoftolical order, I 
 Tim. V. 20. joining all who have ofTended publicly to be 
 rebuked before all, is fufficiently anfwered by their recei- 
 ving a public rebuke for their fcandal, in the ufual place 
 and feat where they hear the word preached, and that 
 without putting of their pcrfon under arreft in fome certain 
 place, for fome time 
 . , § » I. The key of doftrine differs from the key of dif- 
 
 trhie anddif- ^'P'^'"^' thus; the firft doth only abfolve a finrer upon the 
 cipline how condition of faving grace, but the other d- th abfolve upon 
 they differ, an outward ferious profeiTion of repentance ; by^the one 
 mens faults are only reproved, but by the other particular 
 perfons arc by name reprehended. Though a j erfon be 
 guilty of fome alledged fcandalous fin, yet a minifter can- 
 not, in public, give him an ecclefiaftic rebuke for it, with- 
 out the previous trial, and thereafter the fentence of a 
 church judicature, otherwife he ufurpeth their authority, 
 and ftieweth moreof himfelf than of rei'peft tochurch order 
 and edification Indeed 1 confefs a minifter may fometimes 
 very confequentially from his text reprove fuch (ins, and 
 their aggravations, as may make imprellion upon all the 
 hearers, that the application does agree with fuch circum- 
 flantiate fins, whereof they know luch perfons to be guil- 
 ty. In which cafe, the reproof is to be regarded as co- 
 ming from the word of God : i:^ut if there mufi: be a plain 
 deviation from the text, before the preacher can get thai 
 fin then reproved, in that cafe it looks fomewhat like a de- 
 fign, and cannot but be feared it may want its due autho- 
 rity. Now a minifter may eafily prevent this, if. he fhall 
 but chufe thofe texts which point, without any violence, 
 againft fuch fins 
 When nccef. § ' ^ ^^ the offender's firfl appearance, he is toacknow- 
 fary that of- ledge himfelf guilty of the fin for which he is to be rebu- 
 jfendersfliould kcd. Again, he fhould edifyingly declare his ibrrow for 
 ipeakinpu- jj j^^fQ^g abfolution, that the congregation may the more 
 blic, andhow ,. ,, j • u- • i • ■ -o 1 
 
 • a public re- Cordially readmit him into their communion. r>ut much 
 
 buke is to bo or oft fpeaking is to be d-:'manded or allowed, as it may be 
 given. found moft edifying : yet all recant:itions of errors are al- 
 
 ways to be made explicitly. A public rebuke ought to be 
 fo managed, that there be no ground given for conffrufting 
 it a penance, puniiliment, or mark of reproach, but the 
 
 minifter 
 
Tit. I, Church of Scotland. 203 
 
 TTi'mifter is to carry therein, as one much affected and af - 
 flifted v/ith the fin : he is to behave authoritatively, having 
 words fitted for edifying the congregation,, and humbling 
 of the offender. And that the authority and folemniiy of 
 the rebuke may have the deeper impreflion on all, it were 
 fit that God were addrcfled in reference thereto, either be- 
 fore or after the rebi'ke. 
 
 § I ^, Matters may fall under the cognition of church ju- i^fcribere in 
 dicatures feveral ways ; as, firif, by accufation, when a crimE-n,whai-, 
 party formally appeareth, as an accufer, and is content who is a ca- 
 *' infcribere in crimen"; that is, to bind himfelf to un- ^^"?»io"s ac 
 derly the fame cenfure, (he not proving the accufation) vvho cannot 
 which the defender would have merited, had the libel been accufc, how 
 proven. If, upon trial, there be found any prefumpcions i"f"™^ei's are 
 
 of guilt, or, if it appear that th- re was a ••• fama clamofa"^° , ^^^ ^"^ 
 for what is libelled, the purfuer in that cafe ought no^ to be 
 repute a columnious accufer, even though he fuccumb in 
 his probation. No infamous perfbncan be admitted an ac- 
 cufer. Infamy, by Matth^eus de criminlbus, is defiiied, 
 " Ignonunia feu e?<iflimationis Isefio. qua' quis virorum ho- 
 *' nefforum numero eximitur." Neither are fuch as are con- 
 temners of church authority, or who have been in former 
 purfuitsrafh and calumnious, to be admitted accufers. A. 
 formal accufer is not neceiTary when the offence is public. 
 If a party cited either upon accufation, or order of the ju- 
 dicature, be found innocent and acquitted, thefe who in^ 
 form them thereof, whether the party require it or noti 
 ought to be noticed, either for their calumny or impudence,\ 
 as they ftiall find caufe, a£f n. Ailembly 1707, cap, 2.1 
 ka. H.^ \ 
 
 § » 4. An accufation, though unduly given, fhould have scandals 
 this effeft, as to prompt the judicatory to inquire and ^^'f^. ^7 J"* 
 fearch into the truth of the things reprefented. This gives i^k^^ ^'„^ 
 no allowance to, fearch and prey into faults " ex levibus exception. 
 ** coijefturis;" but the warrant for it fhould be founded 1 
 upon " fama publica, clamofa, et frequens." A delatica 
 h a verbal information or intimation made againft forne per- 
 fons, for faults and offences, unto the members of a church 
 judicature. By the canon law, an informer or delator doth 
 differ from an accufer in this, that he is not obliged, " in- 
 " fcribere in crimen;" neither incurs he any penalty, al- 
 jhough the information be not proven i and by the j »tU 
 
 D d z aa, 
 
204 Government of the Book IV, 
 
 An informer aft, Aflembly 1707, cap. 7. feft. 10. the informer maybe 
 may beawit- ^ witnefs, except in the cafe of pregnant prefumptions of 
 ^^ ■^' malice againft the perfon accufed, or where he formeriy 
 
 complained for his own intereft. Many times offences 
 and fcandals are difcovered to church -judicatures, by the 
 exceptions or objeftions proponed by parties againft each 
 ether ; I confefs there ufeth to be too much liberty taken 
 for recriminatior.s in procefles, which at any other time 
 were more inexcufable. 
 Where fcan- § j^. When perfons guilty of uncleannefs live in dif?e- 
 dalous per- ^^^^ pariflies, the procefs and cenfures againft them are to 
 fatisfy and bc before that fcffion where the woman Jiveth, or where 
 what' war- the fcandal is moft notour. If the uncleannefs be corn- 
 rants a kirk- rnitted uhere neither party refides, as perhaps in the fields, 
 mk proTeft'^' '^^ "^ ^'"^^ of fairs or markets, in thefe cafes, they are to be 
 for unclean- procef/ed and cenfured where tlieir ordinary abode is, ex- 
 ncls, cept the place of their abode be at a confiderable diftance 
 
 from the place where the fin was committed, and the 
 fcaudal be moft flagrant where it was committed. 7'he 
 fedion, where the fin is to be tried and cenlured, is to ac- 
 quaint the other feffion where any of the parties refide, 
 V. ho are, ex debito, to caufe fummon them to compear be- 
 fore that feflion where the fcandal is to be tried. Church 
 fffTiqns are not to enter upon procefles for uncleannefs 
 where there is not a child in t!ie cafe, unlefs the fcandal 
 bc very flagrant ; for, upon the one hand, many of thefe 
 anions, which gave occafion to the raifing the fcandal of 
 uncleannefs, are fuch as are not themfelves alone public- 
 ly cenfiirable, but are to be paft by with a 'private rebuke; 
 yet, on the other hand, fome of thefe anions, which come 
 under the name of fcandalous behaviour, may be fo lafci-s. 
 vious and obfcene, and cloathed with fuch circumftanccs, 
 as may be as offenfivc and cenfurable as the a6l of unclean- 
 nefs itfelf, aft 1 1. cap. 4. Allembly 1 707, 
 
 T I T L E II. 
 
 Of the Traitfa^ion, and Prefer iptioji of Scandals. 
 
 Tranfactions ^ i. nHHough a party who commenced a procefs of 
 
 betwixt par- -X fcandal, doth difclaim or renounce the fame, 
 
 £i?ptoceS°^ yet the church may proceed; for tranfaftlons between par- 
 
 "* tics 
 
Tit. 3. Church of Scotland. 205 
 
 ties cannot take away the church's interefl: in removing of- 
 fences; yea, even though a party hath been difmifTed for 
 a time, through want of probation, if it fhall afterwards 
 emerge, the procefs may thereupon be wakened. 
 
 §2 By the nth ad, Alfembly 1707, cap. i. fea 4. '^^^^^*i"'^^/°^ 
 the feveral judicatures of this church ought to take time- oFfcandals" 
 ous notice of all fcandals ; but it is judged, that if a fcandal andrequirinF 
 fhall happen not to be noticed in order to cenfure, for the of teftimoni- 
 fpace of five years, it fhould not be again revived, foas to ^^^' 
 enter in a procefs thereanent ; (unlefs it be of a very hei- 
 nous nature, or become again flagrant;) but the confciences 
 of fuch perfons ought to be ferioufly dealt with in private, 
 to bring them to a fenfe of their fin and duty. And for the 
 famereafon, perfons who have refided in pariflies, for the 
 fpace forefaid, fhould not ordinarily be challenged for want , 
 
 of tefiimonials. When nothing hath been obje<?led bv the 
 members of prefbyterics or feftions, againft any of the rai- 
 niflers or elders, at the privy cenfures of thefe refpedbive 
 judicatures, the members thereafter ought not to be heard, 
 in their accufarions againft one another, for any thing that 
 was committed before the lait privy cenfure ; and neither 
 jQiould the people be heard in their accufations againft any 
 of their minifters or elders, or any of the minifters or elders 
 againft one another, for anything that was committed prior 
 to the laft preftDyterial vifitation of theparifti, becaufe then 
 it was the feafon, and hour of caufe, to have propalled it, 
 if private methods had not fucceeded for removing the 
 fame ; and the infifting, aftec fuch an omifTion, is rendered 
 moft fifpicious, unlefs fatisfyingreafons be given for it. See 
 cap. 7. le^l. 9. of the forecited a£l of Ailembly, 
 
 TITLE III. 
 
 Of Libels, Probation, and Citation, 
 
 § I. A Libel is a law fyllogifm, confining of the pro- A libel \yhat. 
 
 J~ -^ pofition or relevanc)'-, which is founded upon the 
 laws of God, or fome ecclefiaftical conftitution agreeable 
 thereto, as, whofoever is abfent from public divine fer- 
 vice on the Lord's day, ought to be cenfured. The fe- 
 co:id part confifts of the fubfumption or probation, which 
 condefcends on matter of fa6l, viz. But fuch a perfon did, 
 
 upon 
 
2o6 Government of the Book IV. 
 
 upon fuch or fuch a Lord's day, abfent unneccflarily from 
 the public w( rfliip of God. 1 he third part conlills of the 
 conclufion or fcntence, which contains a defire, that the 
 profaner of the Lord's day, according to the laws and cu- 
 A coTiv of the ^oms mentioned in the firfi part, may be cenfured, 
 libel, v^'itha §2. By Cap 2. fe£l: 7 a£l: i aflcmbly 1707, the mo- 
 lift of witnef- (Jcrator is o inform the offender appearing, of the occafi- 
 fes, to be de- ^^ j^ig being called, and ;o dve him, if deGred, a Ihort 
 
 hvered ; it , . - -.• • , "? c \. • rr 
 
 muft copde- "^te ihcreoi- in writmg, with the names oi the witnelles 
 fcendon time that are to be made ufe of againlt him, that fo he may be 
 aud place. prepared to defend himfelf, which is agreeable to the 
 common principles of juHice and equity. 1 he libel mufl: 
 condefcend on time and place, when and where the fifts 
 and offei ces libelled were committed, that Co the offender 
 may not be precluded from proving himfelf to have been 
 abfent, and fo impoffiblefor him to have done fuch a deed, 
 or fo offended, at the time and place libelled. 
 What is a re- § 3- The relevancy of the libel is the juftnefs of the 
 levant iihel. prop'^fition, whether the matter of fa6l fubfumed be pro- 
 It IS unlawiul ^^^ ^^ j^^j.. ^j^j therefore, if the thing offered to probation, 
 fcs or on the be obvioufly irrelevant and frivolous, it ought to be rejeft- 
 afllze of irre- ed. and not admitted to proof: for nothing is to be admit- 
 levant libels, ted by any church judicature, as the ground of a proccfs 
 for ccnfure, but what hath been declared cenfurable by 
 the word of God, or fbme aft or univerfal cuftom of this 
 church agreeable thereto* as (aid in cap. i fe6l. 4. foreci- 
 ted aft. Although one article of the libel per Je be not 
 relevant, yet if three or four articles co>!Jm£fim be rele- 
 vant, the fame may be admitted to probation The rele- 
 vancy of a libel is fo much to be regarded, that, 1 think, 
 it is unlawful for any to be either witnefles or members of 
 jnqueft upon irrelevant libels. What ? Is not this to be a 
 witnefs againft thy neighbour without caufe, Prov xxiv. 
 28. It was a truth thet Abimclich the prieft gave hallowed 
 bread, and ihe Iword of Goliah, to David; yet it was a 
 bloody fin for Doeg the r doniite, to inform the wicked 
 King againfl: the Lord's prieff, i Sam. xxi. and xxii. It 
 was a prefbyterian miniller's duty to preach the gofpel 
 under the late perfccution, fecrttly and cautioufly, to ho- 
 nefl heaters at tiieir defire ; yet it would have been a Do- 
 eg like fin, to have witneffed the truth in that matter be- , 
 fore our thenjuuges, Iteing, by the bth aft of pari. 1085, 
 
 it 
 
Tit. 3. Church of Scotland. 207 
 
 it was death for fuch even to preach in honfes. What is 
 here faid againit fuch witnef^ bearing, Itrikcs with as much 
 force againft the members of inqueils finding fuch irre'e- 
 vant 1 bels proven; for though it was both true, what the 
 one •^ itnefled, and the other found, yet I would be af- 
 fraid, if i were in their cafe, that before God i rould be 
 condemned -s accefCory to the (hcdding of innocent blood. 
 Before the witnefles be judici Hy examined the acculed -^^^^^ ^1^^ ^.^^ 
 party is to be called, and the rel vancy of the libel difcuf- levancy is to 
 fed, feft lO. cap. 2. aft forcfaid. But in caules intricate be difcuffed. 
 and difficult, the difcudin • of the relevancy may be de- 
 Jajed till probation be taken ; and then, greater light be- 
 ing thereby given, both relevancy and probation may be 
 advifcd jointly, as the Lords of feflion and privy council * 
 
 have often times done. 
 
 § 4. When the libel is read, the defender fometimespro- Exculpation 
 pofeth a defence, which, if admitted and proven, excul- "f^^^^"' 
 pates and clears him from the fault libelled, either in whole j^^ p-ranted, 
 or in part : as, if the libel be murder, aud tne defr nfe 7;- 
 culpata tutela ; or. if the libel be adultery at fuch a time 
 and place, and the defence be aHhi, But the party accu- 
 fed mud, before probation, offer the grounds of exculpation 
 to be proven by witnelTcs; in which cafe the moderator and 
 cierk, if required , are to give warrant to cite witnedes u- 
 pon the parties charges, the relevancy of the offered ex- 
 culpation being firll: fuflained by the judicature : and if the 
 exculpation be fuily proven, all further proof of the libel 
 muli there fill:. But if the fubftance of the Icandal be 
 once proven, there can be no place for exculpation, un- 
 lefs it be as to (bme extenuating circumftances, not contra- 
 ry to, but confilbng with the depofitions already taken. 
 
 § . Probation is that whereby the judge is convinced, Profiation, 
 that what is averted is true ; and he rauft be convinced ei- what, and by 
 thcr by confelfion or oaih of party, or writ, witnefles, or '^o^^^*^'"^"- 
 prefumptions, as follows: probation by confeffion, if judi- 
 cial, is the iVongcft of all probation ; but if men confefs a 
 crime, rather from wearinefs of, or averfion to life, than 
 from conlcience of guilt: or, if there appear any (igns of 
 dift: aclion or madnefs. then fuch confellions ought not to 
 be refled upon, except they be adminiculate with other pro- 
 b tion. ConfefTions before a church jirdicature are not 
 refted upon before civil courts, except they be rent.wed 
 
 before 
 
2o8 Government of the Book IV. 
 
 before themfelves; and fo it is e contra, for men may in- 
 ciine ro onfef^ things before church judicatures, knowing 
 that church dilcipline is " mediciaa, non poena," or " ob 
 '* Jevamcn con fcientiae," which ought not to be difcouraged: 
 whereas they may deny the fame fault, and refile before 
 the civil judge, for fear of corporal punifhment. 
 Oath of ca- $ 6. An oath of calumny may be exafted of either par- 
 luniny, veri- ty, whereby they fwcar that they believe or judge, that 
 YV T^' *:he 'points they infift on, arc both juft and true, and they 
 will be holden asconfcfled, if they refufe to depone when 
 required. By an oath of verity, or for confirmation, the 
 fvvcarer pofitively affirmerh by his oath, that what he affert- 
 eth is true ; and it is the only oath fworn by a party which 
 » can t'. rminate the plea and ftrife But by an oath of cre- 
 
 dulity, the fvvearer doth not adert the verity of the matter," 
 but the verity of his belief of the matter, which only ter- 
 minates the plea in fo far as to exclude him who fwcar- 
 eth, from in lifting on thefe points contrary to his own be- 
 lief or perfuafion; See Stair's Inftii. p. 698. 701. 
 Probation bv § 7- if the delated father of a child, after private con- 
 oath of party fcrences, do ftill deny, then the fedion is to caufe cite him 
 initanced; it j-q appear before them : if he perfift in hi» denial, when 
 IS not to DC ^.Q.-pipearing, he is to be confronted with the woman, and 
 • the prefumptions held forth as particularly as polTible: and 
 if after all this he deny, thougli the woman's teflimony 
 can be no fufficient evidence againft him, yet pregna^it 
 prefumptions, fuch as, fufpicious frequenting her compa- 
 ny, or being ** folus cum fola, in loco fufpe£l:o," or in 
 fufpe^led poTlurcs, and fuch like, which he cannot difprove, 
 may fb lay the guilt upon him, as to fliew him, that there 
 /* appears no other way of removing the fcandal, but his ap- 
 
 pearance to be publicly rebuked therefor: if he will not 
 fubmit himfelf lo^e rebuked, it is fafcr that a true narra- 
 tive of the cafe be laid before the congregation, and inii- 
 mation given, that there can be no further procedure in the 
 matter, till God in his providence give further light, than 
 that an oath be prclTcd, and upon refufal, proceed to tlie 
 higher excommunication. But if the pcrfon accufed do 
 offer his oath of purgation, and crave the privile;i,e there- 
 of, the prefbytery may allow the fame, the form whereof 
 may be a3 follows. 
 
Tit 3. Church of Scotland. 209 
 
 § 8. I A B now under procefs before the prc%tery g^^ie of the 
 oF for the fin of alledged to be committed by oath of pur- 
 
 me with C D. and lyin^r under that heavy flander, being S^t^^". 
 repute as one guilty of that Cm : 1, for ending the (aid pro- 
 cefs, and giving fati^faaion to all good people, do declare 
 before God, and this that I am innoccn and free of 
 
 the faid fin of or having carnal knowledge of the 
 
 M C D. and hereby 1 call the great God the Judge and 
 A^^enger of all faKehood, to be witnefs and judge againlf mc 
 in this matter, it 1 be guilty, and this I do by taking his 
 bleffed name in my mouth, and in (wearing by him who 
 is the great Judge, FuniQier, a id Avenger, as faid is, and 
 that in the fincericy of my heart, recording to the truth of 
 the matter, and my own innocence, as I fhall anfwer to 
 God in the bit and great day., when I fliall fiand before 
 him, to anfwer for all that I have done in the fiefh, and 
 as I would partake of his glory in heaven, after this life 
 is at an ewd. ^ ^ 
 
 § -j^. But this oath is not allowed to be taken in aiiy ^^^^^^^^^^ 
 cafe but this, when the prefumptions are fo great, [hat ^J.,^}^^g ^'^',,3 
 they create fuch jealoufy in that congregation and feflion, allowed and 
 that nothing will remove the fufpicion butVnc man's oath rakcn ; and 
 of purgation ; and when his oath will indeed remove the '^^ ^*^"s* 
 fcandaUnd f ifpicion. In all other cafes thss oath is in 
 . vain, and fo fliould not be admitted, and never but by ad- 
 vice of the prefbytery. It is to be taken, either before 
 thefeiTion, prefbytery, or congregation, asrhe pre'bytcry 
 fliall determine. And if it be taken before the feifion or 
 prefbytery, it is to be intimate to the congregation, that 
 fuch a perfon hath taken fuch an oath, and the parry may 
 be obliged to be prefent in the congregation, and may be 
 put publicly to own his purging himflf by oath, and 
 thereupon be declared i'lQQ from the alledged fcandal. 
 Ail what concerns' this 0:th, is rccommendcxi by cap. 4. 
 fert, 6 &c of tie forecited acr of Alfembly. 
 
 § ic. After 'an end is made, as above, with the F^^" nj^j'^'jf^^^^]!,"' 
 fon delated as father, the woman is to be dealt vVith to ^.^.,^^.^^^.^ 
 give the true father; and if after all ferious dealing and when the fad 
 due diligence, llie give no other, flie is to be cenfured is ny proven 
 according to the quality of the offence confcfTed by her, ^£»^^"^ ^^^^ 
 without naming the perfon delated ; the judicature refer- 
 ving place for farther cenfure, upon further difcovery. 
 
 E e 6 1 1 . If 
 
210 Government of the Eook IV. 
 
 Howavoum- § ^^' ^^^ perfon do voluntarily confefs uncleannefs 
 taryandma- where there is no child, arid the cafe be brought to the 
 liclousconfef- kirk-fcfTion, they are to inquire whether it floweth from 
 lor otunclea- Jj(^,^^•^(.^,^(^fs ^f nnind, or from finiftrous dcfi'Tn ; as when a 
 neis IS to be l ^ • " • t • i i r J 
 
 ceniured. T^an i"^ng to a woman ror marriage, is denied, but iprcads 
 
 the report that he hath been guilty with her. If it be 
 found that there is no ground for the confefTion, the per- 
 fon confclTing is to be cenfured as defaming himfelf, and 
 likewifc as a llanderer of the orhpr party ; and withal, ap- 
 plication is to be made by the f-'lFion to the civil magillrate, 
 that he may be pumfiied according to lavv: fee that fore- 
 cited fourth chapter of the aft of AfTen-ibly. 
 rroSatlon In- § i 2. It is rare to prove a fcandal by writ, but yet it 
 v.rit. ' may h.appen (6 to be proven, and the want of tlie writer's 
 
 i^aine vnd wirnelfes, ought to be no objc<ftion in church 
 couris againil writs, more than in bills of exchange. If 
 onrj denicth that to be his fubfcripiion, it is hard to fuftaiii 
 its beingproven to be his " per comparator.cm liierarum,'* 
 which is but a prefumption ; and men's hands may be 
 fometln.es fo artificially imitated, that it fliali be hard to 
 difccrn which is which ; befidcs, one man's writ may dif- 
 fer from its felf ar feveral occafions. 
 ., , l5 ij- Probable prefumptions, and many concurring, 
 
 I rooa .von i} j nnich to prove, efpecially in fucli things which 
 
 prelum itioi.b > F \ i J ^, 
 
 rarely can be proven with crdincry clearnels. 1 he pre • 
 
 fe-mpiion of cohabitation, after the parties are difcharged, 
 is i'ufikxnt, as may be feen on that title, to infer adulte- 
 ry : a! lb, cohabitation, and behaving as man and wife, for 
 iu;v.e confidcrablc time, prcfumeth marriage: and the de- 
 jojfiiions of witnetfcs, are fomctimes founded upon pre- 
 iumptions, as when they depone upon things which depend 
 upon acls of the mind, as, ebricty, and dolus mains. But 
 when a libel is only proven by prefumptiojis, it is not lo 
 fafe to pafs the ordinary ccnfjre thereupon, as if it had 
 been proven by unexceptionable witnellcs and full proba- 
 tion.. 
 
 § I.;. Witnefles may be cited on fewer days than par- 
 Jovmoia ci- ^j^g^ 'j-j^^, dili.i-encc againfl them n.ay run in this form, 
 ,rf;',-!V ••:•-,> r vi/. Mr A. B. moderator, SiC forafmuchas purluer 
 
 Ic3, ihch- i^^c. hr.ving'apj lied to us for a diligence to cite wuRciicj 
 jiiP.ico :jrva' ill the f:/id macrer, in manner ?a\A to tiie clTclt undcrwrit- 
 yjVncetobc ^^^^ . XhcTcfo. i wc requiic ) OlI, that upon light hereof. 
 
Tit. g. Church of Scotland. 211 
 
 ye pafs and lawfully fummon pcrfbnaily, or nt 
 
 their dwelling places, to compear before us within the 
 kirk of upon the d.iy of in the 
 
 hour of caufe, with continuation of days, to bear leal 
 and foothfaft witneding, upon the poinrs and articles of ' 
 the fud procefs, in fo far as they know, or fiiall he in- 
 quired at them ; with ccrtificatiou as cfTtis. And this our 
 precept you are to return ducly execute and indorfcd. 
 Given, 8zc. by warrant, &c. if wirnclk'S rcfufe alrer 
 three citations to compear, tlicn they msy he proceeded 
 againll as contumacious : or, if judged needful, af;cr the 
 firlf or fccond citation i^ difobcycd, application fi:ou!d be 
 made to the civil magifirate, that lie may oblige them to 
 appear; fee that c,th icCt. cap. /. of that Irecjucntly above 
 cited ^Ci of x^ficmbly. 
 
 § 15. In church judicatures, wom.en and minors,, pad CIiicc!.lon<; a- 
 fourteen years of age, are received v.'itneHcs. If the defen- ^^-^^^ ^''^'^" 
 der appear, he may objeft agaihil an}'' of them, and if the ^'^ '^ ' 
 objeftion be relevant, and made evident to the judicature, 
 the witncfies are to be caft : for which fee that fame 2*^:. 
 The objections of infamy, or enmity, are relevant to cafl 
 any witnefs : but the defign of church courts being "ad 
 " tollendum fcandalum, & ad eruendam vcritatem," they 
 will fometim.es receive witnellcs cum nota, againfl: whom 
 fome common and generiil objiftions have been made, re- 
 ferving to thcmfelves to con'idcr how far they will m.akc ■ 
 ufe of their teflimony at adviling the fjfnciency of the 
 probation. 
 
 § I 6. Witnciles are to be fworn thus, lifting and hold- jj^^y witnefT- 
 ing up the right hand, they f.vear by God, and as they cs are to be 
 fliall anfwer to him, they fljall tell the truth, and nothing ■^''^yrn, exa- 
 but the truth, conccrnine; the articles and Points of ihe pre- !^'\*''f '•', ^"^ 
 lent procels, in lo far as they know, or inall be alkcd. i^riiialiatefi^ 
 "Which oath the moderator is judicially to adminifrer, and v-ouU. 
 though there be no relevant objeaion againfl: the witneflcs, 
 yet they are to be foiemnly purged of malice, bribe, or 
 good deed, done or to be done, and of partial council, by 
 which fome underfiand prompting or confiilring for ma- 
 king of the procels. The witncifes are to be fworn and 
 . examined in prelcnce of the accufed party, if compearing, 
 and he may defire the moderator to propofe fuch qucfli- 
 ons, or crofs c]uc{tions, to the witncifes, as may tend to his 
 
 E e 2 ex- 
 
 1^ 
 
212 Government of the Book IV, 
 
 exculpation, \\'hich .f the judicature think pertinent, are 
 to be propofcd The initialia teftimonioram, flich as, 
 their age, married, or unmarried, or foluti, that is, wi- 
 dows, and the like, are propofed, that the deponent's ve- 
 racity may by thefc be traced. If witncfies cannot fub- 
 Tcnbe their names to their depofirion, the clerk is to mark 
 that they declare they cannot write, and the mcxierator is 
 always to fubfcribe the fame, whether they can rite or 
 nor. if thcv cm but fublcribe the initial letters of-" their 
 names they fhould do it, and the clerk is to write about 
 thvir mark thus (Adam '\. B. Bruce his mark) 
 Slnoiilarity § » 7- A (in^uhr witnefs is one that haih no concurring 
 
 of witnelles, wirnefs. This fingularity is either, " obdativa," uhich 
 what. is, in a criqie not reiterable; as if one (honld depone, that 
 
 a man was murdered at one place, and anoihcr depone he 
 was murdered at another place. Again, there is a " (in- 
 " gularitas adminiculativa," which is, where the witnefrcs 
 do net concur in their depofitions ; yet they are not contra- 
 ry, but the one alfifls fhe other, as in the proving that an 
 horfc was tlolen. one ihould depone that he law the thief 
 go in without a horfe, and another faw him rake the horle. 
 In tiie third place, there is a '* (ingularitas diverfificativa," 
 when witneiles depone different adts in a crime, which is 
 reiterable; as if one witnefs depone upon an adultery, 
 committed at one time, gnd another of an adultery com- 
 mitted at anttther time. Is that perfon's being guilty of 
 adultery fufficiently proven ? 
 
 § ■ , Of things notour, there are fome which cannot be 
 
 Fio ation by prQYe,-j 2.\\A vet are true, as fuch a man is another's fon : 
 -not'>riety, • , , . •' , ... „ -, . ... 
 
 •and if judo-es Other things can be proven which are *' racti permanentis, 
 • m^'V be wit- luch as, that there is a palace or fountain in fuch a town, 
 neflcs. ic fed notorium non indiget proba:ione " .Again, there are 
 
 things I'Otour, which v\tQ(\ no probation, which are " fac- 
 ** ti tranfeuntis/' as that fucli a perfon did publicly com- 
 mit murder. Although judges cannot be both jndgcs and 
 witnefles, yet he is a witnels and a judge too oF what he 
 fees and hears in judgment, for thele are counted as no- 
 tour; Sec Stair's Iniiit. p 7..^. 
 How partips « . \[ \^ repugnant to the laws of God and man, to 
 are dnlv ftfted 1 1 • 1 /• 1 j i / i ■ l 
 
 hrlore' a coniiemn any that is ablent. or unheard, unlets hisabience 
 
 chirchi.ir^icT- proceed from his own fraud or (hibbornnels : t]ierefi:>re in 
 tare, au^i the order to a duc h.eaiJng, ciituions muft be given to parties 
 
 requftaci- ' COn- 
 
 fatiouii. 
 
Tit. 3. Churchof Scotland. 273 
 
 concerned, in writing, efpecialiy if they be callec! before 
 preiliytfries, and other fuperior judicatures of the church ; 
 ffe the id cap. of theforecited adtof '.{leMibly. The ci- 
 tation muft bear, I The judicature before which the per- 
 fon cited is to appear. .1. Fhe name of the piufuer, (if 
 the party be not cited by order of the judicature) ^. The 
 name of the defender. 4 ! he caufc for which the perfon 
 13 cited. /;. The place whcrecoinpcarance mull: be made. 
 And lallly The tinie when they mu!i coiiipear. And this 
 is to be obfervcd, that all parries and wirneiles cited be"ore 
 church courts, are to be defignedin tiiefe citations as they 
 are or may be commonly in all other writs. If they be 
 refiding vvitliin the pariHi, they may be cited upon forty 
 eight hours adverrifeiv.etit. 
 
 § 10 It baih Ibinctimes been prafS^ifed, to cite parties e- partjes out 
 van when out of the country, a particular infiancc where- of the country 
 qf is, the copimiffion of AlFembly 164+, caufedcite fbme ^'''^ cited. 
 Scots, then about Oxford in England, (f;>r emitting a ma- 
 lignant declaration; at the market crofs of Edinburgh, pier 
 and ihoar of Leith, to appear before the then next cnfuing 
 General Ailembly, upon (ixty days warnsng, counting from 
 the day of the citation. 
 
 § 21. If the perfons be charged vvidi fcandal, who live , . 
 with.in the bounds of another parilh, the kirk fefljon of that ^^^icr p^iifh* 
 pariCn where that nerfon refides, fhould be defircd ro caufe how cited, 
 e!^ them to anfvver before the feifion in whole bounds the 
 /candai happened, and the fame courfe is to be followed 
 in I'uch caies by the otlier jtulicaturc^^ of the chu'cii. 
 
 § 2 2. Citations arc called dilatory for the (ir(t and fecond, Citations di- 
 
 that tlie party n"-av anocar; and the third, or one given a- la^ory and 
 
 ,--■;) i" ' ' 1 ■ \ • V pcreinMory, 
 
 j}-'d .'.dr., is C3ilcd peremptory, wherein the judicature cer- \^^^^ j.^, ^q_ 
 
 tifics rh,e perfon cited, ihit they will proceed to the cogni- ceed^^ith 
 
 tioD of theca'sfe, ihaugh he appear not, or that they will thole who 
 
 proceed ag-sir.ii: him as r.onrumacions. if the pcrioii do not f^if^^^)' /"^ 
 ^ >= , . . . , r , ablcond, 
 
 coirip?'dr upon tliis peremptory citation, and no relevant ex- 
 
 cufc therefor be propofed and fudained, the judicature is 
 to proceed to take cognition, either by examining of wit- 
 nciTcs, or by o'thcr documenis, for the verity of the fcan- 
 dal, and that before they cenllire him for contumacy, fee 
 cap. . feft 6 ol ihc furecited ■^^. If any under procefs 
 for fcandal, abfcond, ihey llioivid be cited firli: from the 
 pjlpit of tiic pariil.i where the procefs depend:, and where 
 
 they 
 
214 Government oft he Book IV. 
 
 they rcHde ; and if they do not tlierenpon appear, they arc 
 next, by order of the j)refbytcry, to be cited from the 
 pulpits of all the kirks within their bounds, to compear be- 
 fore them; and if they do not then appear, they are to be 
 declared fugitives from church difcipline in all the kirks 
 witliin that bounds, defiring that if any know of the faid 
 fugiives, they may give notice thereof, and the prefbyte- 
 ry is to fill: there, until they get fome fjrthcr account of 
 thcfc pcrfbns ; fee § i 8. of the forecired cap. and zCi. 
 . This citation is commonly called edttial, and likcwifc takes 
 pl?.ce when the pcrfon to be cited takes methods to hinder 
 a copy to be given in the uliial way, (-r, when it is dan- 
 gerous for the officer to travel to that place. 
 
 . „ , r ^2 2. Sometimes the warrant for citing bears the libel, 
 
 i Style or a j i ,• n i r- ■ \ ?■ i 
 
 fuinnions ^"" ^'''^'" ^ l"-^'! copy thereot js given, but lometiines it bears 
 
 andofihc not the libel, and then the defender is cited to lioar and 
 copy and ex- {"q^ ([^q informations againfi: liim, at^d moil, when appear- 
 ^ojtion t irre- j^ j^^ treated as in ^ 2. of this title; the form of v/hich 
 cautiontoap- '^'^^""'o^s may run thus : Mr A. 13. niuuiter and remanent 
 pear. members of the church fefhon of to our 
 
 officer, we rccuire you, that upon fight hereof, ye pafs 
 and lawfully fummon pcrfonally, or at his 
 
 dvvelling-houfe, to compear before the faid fcdion, with- 
 in LJie fciTion-hou(e at tliC day of 
 next to come, in the hour of caufe, to anfwer to 
 the information or libel anainfl him, for the fin and fcaudal 
 of laid to his charge : with certification, oic. ^'ven 
 at the day of by war- 
 rant of the faid fcfiion, A. B. fcii.' ci^-. BcfiJes the gene- 
 ral certification of th.e church ccnfurcs, which is the me- 
 thod ecclefiafiic courts do take, to procure obedience t.) 
 their orders, there arc fome proper certificationSj as in 
 iranfportation of miniflcrs, and their edifts of ordination 
 and admillion, of which already in book i. Now the co- 
 py of a fummons may run thus: 1 church r.flicer 
 of by virtue of an order dirc^fcd from them, law- 
 fully fummons you to compear &c. with cer- 
 tification, ^'C. conform to the principal warrant, dated at 
 the day of" th's by warrant of 
 the faid fefnon I give, before thcfc v/itncfies, &c. 
 A. b. officer. He is to return the fummons execute in 
 thcfe tci-n;s, viz. upon the day of . 1 churcl: 
 
 cfiicer 
 
Tit. 3. Church of Scotland. 215 
 
 officer of part at the command of the within writticn 
 
 order direfted from the church feflion ot and by 
 
 virtue thereof, lawfully fimmoned the within mentioned 
 perfonally apprehended, and dehvered to him a 
 true copy of the faid warrant, to compear before the faid 
 fdhon, day and place within fpecified, to anfwer for the 
 fin and fcandal of laid to his charge ; and made 
 
 certification as is within exprefTed. This 1 did conform to 
 the within written warrant in all points.; before thefe wit- 
 nefles, A. B, &c. And for the more verification hereof, 
 we have fubfcribcd thir prefents at the 
 
 day of, &c. The execution mufl: bear, that either citatio'i 
 was given to the party perfonally, as above, or left at his 
 dwcUing-houfe, with his wife, bairns, or fervants, if the 
 officer get entry ; or by affixing a copy on the door, after 
 knocking feveral times, if he get not entry. If any man 
 b-nd as cautioner for another, that he Ihall undergo the 
 difcipline of the church, under a pecunial pain for the ufe 
 of the poor, he fhould bind to the magillrate, and not to 
 the church. 
 
 § c^. When minors are convened before church judica- a^w defender^ 
 tures, their curators are not to be cited ast5e'fore civil courts, mud appear 
 though they may be acquainted therewith, that their pu- Perfonally, 
 piis may receive fuitabje advice and inflruction from them. IT^" ^, °'lf '^3 
 A minor, that is, a male paft fourteen, and a female palt how ibcietie 
 twelve years of age, may be called before church judica- appear, 
 tures, when guilty ; as for pupils under that age, it will be 
 rare if ever they be concerned as delinquents, except " ubi 
 " malitia fupplet tetarem ;" that is, where lirtngth of na- 
 ture is as far advanced in them as it ufeth to be in others of 
 riper years. The conclufion of all church procels, beii:»g 
 againit the defenders them'elves, none can appear for 
 them ; nay, advocates are not fo much as allowed to p'ead 
 for compearing parlies.. other,wi(e pleas would probably be 
 more frequent, and tedious too: and'the truth hath been 
 many tiuiesexpifcate by the countenance, behaviour, orex- 
 prelfions of parties rhemfejves, which would have been con- 
 cealed by advocates. In the M. S. afls of Adcmbly ac 
 Edinburgh 1575, they rclufe to allow advocates to plead 
 befure ihem in a, procels of dilapidation againll the bilhop 
 of Dunkeld, but ordains him to anfwer hinfelf; and if he 
 think fif, may chufc any miniller to reafoti for him. When 
 
 jncor- 
 
2i6 Government of the Book IV. 
 
 incorporarions are cited it is neccflciry thny be allowed to 
 anfvver by fome co-nmilTIoned from their body, who mult be 
 members of th it focicty, or rcfide therein. If a burgh 
 royal were cited, they would r,ot be allowed to appear !iy 
 him who refidts not among them, but only is one of their 
 honor. ry burgcfil's; and no party fullains great lofs there- 
 by, feeing they may advife witli whom they pleafc in 
 drawing of aniwers, and the like. 
 
 TITLE IV. 
 
 Of the vocational and -pcrfonal Faults of Minifcrs 
 and Probationers, bow thy are cenjured, and of 
 the Method of proceeding to cenfure, and of re- 
 ponlng them againjt thefe Cenfiircs, 
 
 Non-refi- § I. pY the 1 3 2d cap. pari. 8. James Vl. non-rcfidence 
 d^h v"ce"- ^^ declared to be, when a minillcr refides not with- 
 
 fiu-ed, who in the parifn, but is abfent therefrom, and from his kirk, 
 are deferters, and udng of h'S office, for the fpace of four Sabbaths in the 
 andhowcen- yggr, wirhout a lawful caufe, allowed by the prefbytery; 
 defences which non-rcGdencc is deprivation. By parity of reafbn, 
 a^ainll the the fame pain may be applied againft princiapls, and ma- 
 fame, fters of nniverfities, who attend not upon their charges. 
 The miniflry is faid ro be militia iptrituaiis, they are 
 watchmen fixed by their fuperiors as centinalsat fuch pofts, 
 ^ which, if they d^fcrt without warrant, all the order of the 
 fpiritual difcipline is overturned. Agreeable hereunto is 
 the aft of Affembly 15^6, ratified by Alfcmbly lO^J^, 
 whereby it is appointed, that miniflers not refidcnt with 
 their flocks be depofed, according ro the afts of the Gene- 
 ral Aflem ly. and laws of this realm, otherwise the burden 
 is to lie on the prefbytery, and they to be cenfured for the 
 fame; and by the tl:^rticle of the fame aft, it is appoint- 
 ed, conform to the old afts of A^ficmblies therein ii:enti- 
 oncd, that miniflers rtfide in their own parifhes, or at their 
 ordinary rnanfes By the 4th cap of the policy of the kirk, 
 they who are once called of ".-^od, and duely elefted by 
 man, and have onCe accepted the charge of the miniilry, 
 may nor leave their funftions, otherwifc the acfcrters are 
 to be adii.oiiifned, and in cafe of obilinacy, c:.comniuriica- 
 
 tcd. 
 
Tit. 4* Church of Scotland. 217 
 
 ted. And by the M. S. a^s of Aflembly at Edinburgh, 
 1 570 It is appointed that miniUers at their pubhc inllal- 
 mcnt, fhall promife fblemnly never to leave their miniftry 
 21 aiy time thereafter, under the pain of infamy and per- 
 j'jry. Conform hereunto, in the cap. i. art. 14.. of the 
 French church difcipline, miniflers, with their famihes, 
 muft a£tiially refide in their parifhes, under pain of depofi-' 
 tion : and by art. 23. dcferters of the miniftry fliall be ex- 
 communicated, if they do not repent, and reailume the of- 
 fice God hath committed unto them. By the AlTembly 
 169.;, Ce(r. 15. although minifkrs have received their or- 
 d. nation from foreign churches, yet, if they have a (land- 
 ing relation to any charge in this church, they arc not to 
 remove out of the kingdom, without confent of the refpec- 
 tive jadicatuns of this church, othervvife they maybe 
 treated as deferters. See the ordmation engagements, book f . 
 If perfecution be particular againft one miniller, in that 
 cafe, it IS generally thought, he may warrar.tably fiec, with- 
 out being elleemed a deferier; but it will Icarcely defend 
 againfl: defertion, when the perfecution becomes general. , 
 
 A miniller feems to be particularly tied to wait upon his 
 charge in the time of a public calamity ; and therefore the 
 commiifion, I6th May 1O4/;, found that Mr Mungo Law, 
 miniller at Edinburgli, could not be fpared from his charge, 
 to attend the General's regiment, in refpedl of the fear of 
 the infeclion in the city, 
 
 § 2. Supine negligence is, an habitual orcuflomary ne- Sapine nepli- 
 glc6l of iome one or other of the padoral duties ; but e- gence what, 
 very efcape cannot infer it, the paftoral office being in ^"f' ''"';j^ 
 fome fenfe a burden too heavy for the fhoulders of an- *'^" "*^'' 
 gels. tSy our law, fupine negligence is relevant to infer 
 depofirion, even as error, fcandal, ignorance, and contu- 
 macy are ; fee the a£l of pari. 1690, fettling the church 
 government. And by the forecited aft of Allem 1596', 
 it is appointed, that luch miniiiers as be flothful in the 
 miniflration of the ficrament of the Lord's Supper, be 
 iharply rebuked ; aiid if they continue therein, that they 
 bedepofed. And by the act of AfFcmbly June 13. 1640, 
 among the enormities and corruptions of the miniftcrial 
 calling, the following is mentioned, viz. idlenefs, that is, ^ 
 fcldom preaching, as once on the Lord's day, or in pre- ^ 
 pararion for public duties, not being given to reading and 
 
 Ff ; mcd.taiion. 
 
2i8 Government of the Book IV. 
 
 meditation, but only now and then, not like other tradef- 
 men, continually at their work. 
 . ^3. Dilapidation of benefices is, the deed of any 
 
 >\liar'and" churchman, whereby his, rents are wafted, diminifhed, or 
 how cenfu- altered to the worfc from what they were. And the pu- 
 rable. nilliment is, difannulling of the deed, and deprivation to 
 
 the granter. Jam. "VI, pari. 7. cap. 10 1 by that forecited 
 aft of Aflembly 1596, it is declared, that delapidation of 
 benefices, demitting of them for favour or money, with- 
 out advice of the kirk ; interchanging of benefices, by 
 tranfaftion, or tranfporting of themfelves by that occafion, 
 without advice of the kirk, arc precifely to be punifhed. 
 Suchlike, fetting of tacks without confent of the AfTembly, 
 is to be punifhed as dilapidation. 
 
 § 4 Simony is the buying or felling of any fpiritual 
 Sirnonywhat, thing, or of what is annexed thereto. The canonifts de- 
 am lo.vpro- i^^j-jij^ jj .Q l^g w Studiofa voluntas, feu cupiditas emendi 
 nifiied. ^ " vel vendendi fpiritualia, vel fpiritualibus annexa." 
 Thus Simony may be committed by making advantage of 
 adminiftrating the facraments. I5y Jam. Vi. pari. 2j. aft 
 I . any condition made by the intrant with the patron, re- 
 ferving to himfelf a fufficient maintenance anfwerable to 
 the flate of the benefice, is declared not to be Simony. 
 In this crime, witnefTes who are not very habile, or ** om- 
 " ni exceptione majores," fuch as whores and infamous 
 perfons, may be admitted, and it may be proven by pre- 
 sumption or oath of party, according to the opinion of 
 Ibme lacvyers, and all becaufe it is ordinarily carried on 
 Amh'this, with much privacy and clandeitine dealing. "" Ambicus" is 
 v/hat, and <s crimen mere ecclefiafticum," and not ufually puniflied 
 hmv ceulu' ^y laicks. By the forecited aft of AfTembly 1 5y6, it is 
 provided, that none feek prefentations to benefices, with- 
 out advice of the prefbytery ; and if any do in the contra- 
 ry, they are to be repelled as rei amlitvs. They further 
 appoint that it be inquired, if any by folicitation or moyen, 
 direftly or indireftly, prefs to enter into the miniftry ; and 
 if it be found, the perfon fb foiicitir.g, is to be repelled ; 
 thefe three crimes, Dilapidation, Simony, and Ambitus, 
 do often meet in one and the fame perfon, and the crime 
 is denominate from that which moft predominates in it. 
 A § 5. By the 23d aft of AlTembly 1696, it is recom- 
 
 mended to all fynads and prelbyterics, that they advert to 
 
 the 
 
Tit. 4. Church of Scotland. 219 
 
 the many irregularities committed by vagrant unfixed mi- Intruders 
 nifters : and prefbyteries, where any dlfiiculties occur, and vagrant 
 are to conlult their lynods, before they proceed to cen- ^,},o^andhow 
 fura By the 27th aft of that Alfembly, they fufpend ceniured. 
 one from the exercife of his miniftry, becaufe he excrci- 
 fed it in a vagrant diforderly way. And by tiie 1 8th aft 
 of Adembly 5701, prefbyteries are appointed to fend in 
 to the coramifTion an account of Rich minifters, or preach- 
 ers, as intrude into parilhes, that application may be 
 made to the government for removing them, that the 
 kirks intruded into may be orderly planted. AfTcm. 1694. 
 fe(r. 1 4. the Queen by her proclamation, dated at Windfor, 
 September 20. 1708, in purfuance of feveral aft. cf par- 
 liament made in favours of the prefent church eftablifii- 
 ment, particularly the aft 1695, againit intruders, doth 
 require and command, all fuch as have intruded upon 
 churches or manfes, to remove therefrom, and all magi- 
 jflrates and judges within their refpcftive jurifdiftions, are 
 to fee the fame executed, by decerning accordingly, and 
 procuring letters of horning and caption thereupon to be 
 direfted in communi forma. By the difcipline of the French 
 church, cap. 1. art. 26. the minifter that iliall intrude him- 
 felf, although he were approved by the people, is not to 
 be approved by the neighbouring minifters or others, but 
 notice niuft be given to the colloquy thereof, or provin- 
 cial fynod. And by the 55rh article of that chapter, the 
 names of vagrant minifters are to be proclaimed through 
 all the churches. 
 
 § 6. By the forefaid aft of Aflembly 1596, ratified Vocational 
 1 638, it is enafted. That fuch minifters as fhall be found ^^"''^^ «| "~=^^ 
 
 «-> ' , . • liiitcrs now 
 
 not given to their books and ftudy of the fcripture, not gi- ceniured. 
 
 ven to fanftification and prayer, that ftudies not to be 
 
 powerful and fpiritual, not applying the doftrines againfl 
 
 corruptions, which is the paftoral work, obfcure and too 
 
 fchokftic before the people, cold and wanting in fpiritual 
 
 zeal, negligent in vifiiing the fick, or caring for the poor, 
 
 or indifcreet in chufing parts of the word not meetefi for 
 
 the fiock, flatterers, and dillt^mbling of public fins, and e- 
 
 fpecially of great perfonages in their congregations : all fuch 
 
 rainiiters are to be cenfured according to the degree of their 
 
 fault, and continuing therein are to be deprived. Item, ^ 
 
 Such as be ilothfull in the minillrationi|bf the facraments, 
 
 F f \ -^ and 
 
I 
 
 2 20 Government of the Book IV. 
 
 and irreverent, or profaners thereof, by admitting the igno- 
 rant or ,-rofane thereto, and omitting tlie due trial of fuch as 
 are to be admitted, or ufing bin light trial, or having rel'pcft 
 in their trial to perfons; all fuch minilfers are to be fliarp- 
 ly rebuked ; and if they continue thcrein^ are to be depo- 
 icd. item, But if any miniOer be found a feller of the 
 i:iCramcntSv he is to be depofedT^-'^/'/Vc/.V'' : and fuch as 
 collude with fcandnlous perfons, by ovet looking them for 
 money, do incur the like pnniniment. Item, All minifiers, 
 who negleft the due exercife of difcipline, and continue 
 therein after admonition, are to be depofcd 
 Pcrfonal ^ ^* ^y ^^^^ fo'ecited aft J ^go, it is appointed, that fuch 
 
 fa'iltsofmini- ^''''inifters as are lipht and wanton in their behaviour, as in 
 ftershowcen- gorgeous and light apparrcl, or in fpccch, or in uiirg light 
 iured. a,-j(j profane company, or that ai e guiliy ot dancing, card- 
 
 ing, diceing, and the like, if they continue therein after 
 due admonition, fhall be depofed as (candalous to the gof- 
 pel ; aqd agreeable hereto is the 54th canon concilii Laodi- 
 ceni, ""' Quod non oportet facratos, vel clericos in nuj^ti- 
 *' is vel conviviis aliqua fpeftacula contemplari, fed priuf- 
 ** qnam ingrediantur 1 hymelici, furgere et (ecedere de- 
 ^' beant." Item, Minifters found to be fwearers or ban- 
 ners, profaners of the Sabbath, drunkards or fighters, are 
 to be depofed Jimpliciter. Ey the 2 ; th and 42d of thefe 
 canons, called apojl'liraf, " Epifcopum, vel prefoyterum, 
 " vel dijconum verberantem fideles peccantes, aut infide- 
 *' les injuriam facient s, ac per hoc timeri volentem, ab 
 *' officio deponi mandamus." And by the other canon, 
 *' Epilcopus, preihyter, aut diaconus, aler^ Vcicans, aut 
 *' ebrietatibus, vei defiftat, vel gradu fuo dcjiciatur " I 
 tern, Minifters that are detraftors, flatterers, breakers of 
 promife, liars, brawlers, and quarellers, after admonition, 
 if they continue therein, they are to be depofed. By the | 
 /j3d canon, called apclloluai^ " Si quis clericus in cau- 1 
 " pona comedcns dcprehenfus fucrit, a communionis fo- \ 
 " dalifate fecernatur, prreter eum qui vit-jc neccfHtate di- 
 " verit in hofpitium." And by the /55th conon concilii 
 Laodiceni, '^ Qiiod non oportet /acratos vel clericos, ex 
 *' collatione, convivia j cragerc, {t(\ ncque laicos." And 
 ^ by the 4 3d canon, concil. Carthagincn ** Ncincaupo- 
 
 ^ •' na ,verlentur clerici, ni(i hoipitio accepti. Ut cleric! 
 V«.^ ^* cpmedendi, vel ^iberidi gratia, non ingrediantur, nifi 
 
 bo-fpifii -i 
 
 i 
 
Tit. 4. Church of Scotland, 221 
 
 " hofpitii neceditatecompulfi " By our law, ( vid. tit. i ^. 
 book. A. the haunting of taverns at unfeafanable hours 
 therein condefcended upon, is equally punifliabie with 
 drunkennefs So that a minifter's drinking temperately in 
 change-houfes, though with good company (but at forbid- 
 den hours) Will not defend him againtt the puni(hment of 
 drunkennefs. Item, Minilters arj not to take ufury, and 
 if they continue therein, they are to be- deprived. By the 
 44th of thefe canons called afojUlical^ " Epifcopns, aut 
 " pre^cyrer, aut diaconus, ufuras exigens a debitoribus, 
 " vol deliilat, vel ordine mulctator " Item, Mmilkrs 
 given to unlawful trades and occupations, for filthy gain, 
 iuch as, keeping of inns, bearing of vvordly offices in no- 
 blemen and gcnrlcmen's houfcs, merchaiidife, and fuch 
 l^ke, buying of victual, and keeping it to the dearth, and 
 all fuch wordly occup-.uions, as may diilracl them from 
 their charge : All fuch are to be admoniilicd, and if they 
 continue therein, are to be depofed. By the 6th of thele 
 apoftoHca I canons, " iipi(copus, aut pren33?ter, aut diaco- 
 *' nus fecularcs curas non adfumat, alioqui deponatur." 
 And by the 2cth canon, '* Clericus fe fideijuffionibus im- 
 *' plicans gradu fuo dejiciatur. " Caldcrwood, in his hif^ 
 tory, p. 4^8. acquaints us, that by acli of Adembly mi- 
 nilters <.re prohibited to join with their rninidry, the office 
 of a notary, hulbandry, or hoi^ilary, &c under the pain of 
 depoHtion. Jn the M. S a^ts of Ailembly < S72, there- 
 gent dedring foir.e leatrncd miniliers to be planted fenators 
 of the college of juftice, the AfTembly finds that none were 
 able to bc?.r both ihe faid charges. I'lie AlTcmbly 164:^, 
 (in the index of their unprinted acls you may find fome of 
 it), coniidenng that Mr William Bennet miniiler at An- 
 crum, did vote in the election of a commifTioncr to the con- 
 vention of tflarcs from the Hiire of Roxburgh, as one of the 
 barons and fieeholJers there, they do recommend it to him 
 10 abftain from civil courts and meetings. As alfb, they 
 underftanditig, that [vlr Andrew Murray minifrer at Ebde, 
 had come to fucceed to the Lord Balvaird, they appoint 
 him to exercifc hi? calling of the miniliry, and to rejed fuch 
 lemporal honours during his own life, as being incompatible 
 wiih that callng, and very good reafon that ti]e lefler and 
 ieafi: u'eful Jhould cede to the greater and better work. I- 
 tem^ J'y the foreciicd Aflembly, ^61 '59^, ratified by the 
 
 Affembiy 
 
222 Government of the BooklV. 
 
 AfTembly 16^8, all their members are difcharged from at- 
 tending the court, and affairs thereof, without the advice, 
 and allowance of their prefbytery : And that they intent 
 no civil action without the faid advice, except in fmall mat- 
 ters. Calderwood, in his hidory of AfJembly i6co, faith 
 to this purpofe, " Qui ambulat in fole coloratur, qui tan- 
 " git picem inquinatur, qui frequentat aulam et curiam 
 '* profanatur ; forum pontificis Petrum ad abnegationera 
 *' Chrifti adegit quae eft corporum conftitutio, ea eft et mo- 
 " rum, circumpofito aere calido calefcimus, et rurfus fri- 
 " gido frigefcimus ; cum fanftis fan6tus eris, cum perver- 
 ** (is pcrverteris." Item, Miniftersare to ufe godly exer- 
 cifes in their families, inch as, teaching of their wives, 
 • children and fervants, i]i ordering prayers, reading of the 
 fcriptures, and fuch like other points of godly converfation: 
 whoever be found neghgent tlierein, after due admonition, 
 are to be depofed. Item, Minifters that are not fpiritual, 
 and profitable in their ordinary converfe, are, upon due 
 trial, to be fharply rebuked. Item, No minifter is to 
 countenance or afTift a public offender challenged by his 
 own minifter for his public oflence, or to bear with him, 
 as if his own minifter were toofevere upon him, under pain 
 Remeclies a- of admonition and rebuke. 
 
 galnftvocati- § 8. The General Aftembly, by their aft ijth June 
 onal andper- j^^^^ provide the following remedies againft the evils 
 uiinifters. ^°^^ ^^ ^^^^ calling and lives of minifters, and appoints 
 them to be obferved : Imprimis, None are to be taken in 
 to be a helper, or fecond minifter, but fuch as are able for 
 the fame charge. Item, That preft^yteries be faithful in 
 the trial of intrants, and in loving admonitions one of ano- 
 ther fecretly, and that abfents from fynods and prefhYtcries 
 be cenfured Item, The moderators of presbyteries are 
 to fee that godly conference be entertained at presbyteri- 
 al meetings, even in the time of their refrcflimcnts. item, 
 Minifters are to have more frequent convcrie among thcni- 
 felves, for ftrengthening one another's hands, and beget- 
 ing and cherifhing of friendfliip, and removing of mif- 
 conllruftions item, Minifters arc to cherifli weak begin- 
 nings in the ways of God, and couragioufly oppofe all re- 
 vilers and mockers of the godly. Item, Silence, or am- 
 biguous (peaking in the public caufe, and not (peaking a- 
 gaiuft the corruptions of the time, are to be fealbnably 
 
 cenfured ; 
 
Tit. 4. Church of Scotland. 223 
 
 cenfured ; and fuch as mock, upbraid, or tlireaten, flop, 
 or difturb minillers for freedom in preaching, and the 
 faithful di (charge of their confcience, are to be proceded ; 
 fee AHembly (048, feif. 26. 
 
 § 9 . A presbytery is not to proceed to the citation of a -yy-j^gj. ^ 
 minifter, or any way begin the procefs, until there be firfl: rants a pref- 
 fcme perfon, who, under his hand, gives in the complaint, bytery to en- 
 with fome account of its probability, and undertakes to ^^^ J^i'^^f^f^ 
 make out the libel, at lead under pain of being cenfured nf^^r . \^^' 
 as a flanderer. This informer or accufer ought to be of how accufers 
 good report ; for it were of dangerous confequence to ad- are to be ad- 
 mit everybody to accufe. By the 21ft canon, concilii "^^"^'^' 
 Chalced, ** Clericos vellaicos, Epifcopos, aut laicos ac- 
 '* cufintes, non indifcriminatim, nee citra inquifitionem, 
 *' admittere ad accufationem, nifi eorum exiflimatio primo 
 *' examinata fuerit." Yet presbyteries may proceed againft 
 minifters, when a " fama clamofa" of the fcandal is io 
 great, that for their own vindication, they find themfelves 
 obliged to begin the procefs without any particular accufer, 
 after they have inquired into the rife, occafion, broachers, 
 and grounds of the faid common fame. 
 
 § J o After the prefDytery has confidered the libel railed The manner 
 againft the minifter, then they order him to be cited, to get of citing mi- 
 a full copy, with a lift of the witnefles names to be led for ""'^^^^ 
 proving thereof, and a formal citation is to be made in writ, 
 either perfonally or at his dwelling- houfe, bearing a com- 
 petent time allowed to give in anfwers unto the libel, and 
 his juft defences and objections againft witnefles, at leaft ten 
 free days before the day of compearance; and the citation 
 Ihould bear the date when given, and the names of the 
 witnefles to the giving thereof, and the execution bearing 
 its date, with the names and defiraations of the witnefles,. 
 fhould be made in writ, and figned by the officer and wit- 
 nefles: which being accordingly returned, he is to be called. 
 As to the form and manner of citations, jt is not to be undcr- 
 ftood as a privilege reftn£led to minifters only, but it is to 
 be extended to all who are convened before church judica- 
 tures, with little difl^erence, as has been obferved on title 
 Citations. 
 
 § II. If the minifter compear, the libel is to be read How to be- 
 unto him, and his anfwers thereunto are to be read, in or- Jiave towards 
 der to the difcufling of the relc vancy. If the libel be ^oil^p^rW 
 
 found aad confeiling 
 
224 Government of the Book IV. 
 
 found relevant, then the prefby tery is to endeavour to bring 
 him to a confelTion : If the matter confellcd be of a fcan- 
 daloLis nature, fuch as uncleannefs, or the hke, the preC- 
 bytery, whatever be the nature of his penitence, are in- 
 jlantcr to depofe him ^ib ofrcir', and to appoint him in due 
 time to appear before the congregation where the fcandal 
 was given, and in his own parilh, for removing the of- 
 fence, by the j>ublic profeffion of his repentance. 
 Howtowards § I?. If a miniRer abfent himfelf by leaving the place, 
 one ablent- and be contumacious, without making any relevant cxcufe, 
 ing or contu- gf^gj. ^ j^^^ public citation, and intimation made at his own 
 maciou*. church, when the congregation is met, he is to be holden 
 as confefled, and to be dep^ofed^and cenfurSd ijijhnter with 
 the leHer excommunication; but if after Tome time he do 
 not iubje^i: himfelf to the ceiafures of the church, he may 
 be proceeded againfl till he be cenfured with the greater 
 excoirimunicarion. 
 How towards § I 3 If a minifler accufed do appear, and deny the faft, 
 him who com- after the relevancy is found, the accufed is to be heard 
 pears, and object againfl the witneffes, and allowed to be prcfent at 
 
 denies, but a , -^ ^. . i j ni r • \r r 
 
 gainll whom ^"^ exammation, and modeltly tocrols-mterrogate, if af- 
 
 the libel is ter confideration of the reputation, habi'ity, and depoficions 
 
 proven. of the witnefTcs, the judicature ihall find the icandal fufh- 
 
 ciently proven, they are to proceed to cenfurc, as in the 
 
 cafe of confefTion. 
 
 § 14. If the errors be not grofs, and (Iriking at the 
 ow ocairy .^-jj. j of religion, or if they be not pertinacioufly fluck 
 towards a ■ x^ n. ■ r r j -i -rt 1 j /- 
 
 minlfterchar- unto, or mdultnouily 1} read, with a vihble deiign to cor- 
 
 ged v/ith er- rupt, or thai tlie errors are not fpreading among the people, 
 ^^^^- then lenitives, r.dmonitions, inftruftions, and frequent con- 
 
 ferences are to be tried in order to reclaim. And unlefi 
 the thing be doing much hurt, fo as it admits of no delay, 
 the fynod or General Affembly are to be ad\'i(ed with,, 
 and tlic reference intimated to the minifler concerned, 
 wliich is agreeable to the 12th aft of AfTembly 1694. 
 And by that acl all the judicatures of the church are for- 
 bidden to cenfure any nv.nifter whatfbever for not quali- 
 fying themfelves in the terms of the aft of parliament, by 
 taking the oaths to the civil government, it is true, that 
 appointment continues only till the next AlTcmbly ; but 
 the fame reafon for making that temporary, may make it 
 a perpetual aft. 
 
 § i5. If 
 
Tit. 4. Church x)F Scotland. 225 
 
 ^ T /^ }f the libel againrt a minillcr be for a multitude of How to carry 
 faialicr thin'43 laid tofntlur, the orclrytcry in procecJing ''/';■ '"f'' 
 therein arc to make a jM'Cil)yrcrial vidtation of that mimlier's "'^^ ^^., ^ ^ ■ 
 parifh. And if they find thele things, laid to his charge, multitude^ of 
 to have been committed (ince the laft vifitation, or find 'a fiTjallcrihlngs 
 farisfyingrealbn wherefore they were not then tabled, tliey ^aid together, 
 are to inquire how far the minillcr hath been guiky of gi- 
 ving offence,, after he was acquainted that ofTcnce had been 
 taken at tliefe things he is charged with: it fliould be likc- 
 wiie inquired, if any of the complainers did hrli: in a pri- 
 vate way inform any of the neighbouring miniders uf rhefe 
 things now publicly complained of? and the prefbytc- 
 ry is to judge accordingly. If rhey find upon trial, the 
 complaint to refolve oa the uiiniiicr's having committed 
 fuch a£ts of infirmiiy or paifion; as, confidcring all the cir- 
 cumflances, may be either amended, and the people fatif- 
 ficd, and that the ofionce was taken b}'' the minifter's own 
 people, only or mainly, then the presbytery is to take all 
 prudent ways to fatisfy and reclaim both minifier and peo- 
 ple. 
 
 § 16. By the 4th a6f, feff ?. par, r. Car. ]!• miniflers 
 are to be fufrended that abf:nt from the diocefan fynod for Abfeticefrom 
 the firlf fault, and that Inch a ccnfure may be ij^-^i'^'t'-.d ,:^',|. .^^r^^j^" 
 where no excufe is oflered, is not to be doubted. Yet our fion, and-.vby 
 church judicatures are rather inclinable to threaten, and be fo called, 
 in readincfs to revenge every difobedience, than actually 
 to infliff the cenfurcs they may upon every juif provoca- 
 tion. Miniflers are faid to be lufncnded, becaufe their 
 refforing or dcpofing is yet doubtful, and doth much de- 
 pend upon their fut.ire behiaviour,- or upon furlhef difco- 
 veries and clearer probation 
 
 jury, adultery, inccrf, fornication, ilaughtcr, ihcfr, com- 
 mon oppreifion, common drunkfUinefs, uUiry againu the 
 laws of the realm, non-rcudence, abfcnce from his kirk, 
 and negleft of his odice for forty days together in a yn ar, 
 u'ithout a* lawful impediment allowed by the next General 
 Afiembiy ; plurality of benefices, (but the aft of parliam.ent 
 lays, plurality of benefices having cure), dilapidation tlsere- 
 ef, and ilmoiiy. V\'hich crimes are likcvv'iie declared r.au- 
 
 G (I |cs 
 
226 Government of the Book IV. 
 
 Kxcommimi- fes of deprivation, by cap. m?. of pari. 15R4. It is to 
 cction and \^q obferved, that the church doth not, except in fome mofl: 
 rarclv in one "*^'"'"'" Crimes, depole and cxconimunicare both at once, 
 lentencc. By the 2 cth oF the canons, called Apoftolical, " Epifco- 
 " pus, aut presbyter aut diaconus in fcortatione, vel per- 
 " jurio, vel furto deprehcnfus, ordine fuo fummoveatur ; 
 No mlnirteri- " ^h ecclefla tamcn non cxcludatur," miniders are not to 
 al comriu- cinploy depofed minillers in any exercife of the padoral 
 "'"?f^l . • ^^'^'''^P5' ^'" entertain iTiinirtcrial communion with them, un- 
 niltcrs. der pain of dcpofition. By tb.e 1 sth of thefeforecited can- 
 
 nons, " Si ouis clcricir cum depofito, ut cuiii clerico, (i- 
 . , ^j " mul oravtrit deponatur et ipfe," if any depofed mini- 
 
 niimiter a-^- ^^^ ■^^'^^'^ ^Pt-^y ^° ^'^'^ ^'^^^ magifirate for redrefs againll 
 plyir.g to the that . fentcncc in fo doin-.; he acknowledgeth in the civil ma- 
 civii magi- gjflrarc a privative power, to hinder the church from ex- 
 ro^tion"'' nor ^'^"'^^^''S thatjurifdi.-tion Cne hath received from Chrift, and 
 to be rel'tored therefore he puts himfelf out of all hopes of almofl ever 
 being reiiored. By the 12th canon concil. Antiocheni, 
 *' Si quis a proprio epifcopo depofitus, presbyter vel 
 *' diaconus, vel epifcopus a fynodo, aufus fuit, imperato- 
 " ris anribus moleftiam CNhiberi, cum oportcat ad majorem 
 "• fvncdum convcrii, ct jus quod fe habere putat ad plures 
 " epifcopos rcfcrre, eorumque examinationem ct judicium 
 *'- fiiiciperc: qui itaque his contemptis imprr.'itori molellus 
 " fuerit is nulla venia d'gnus, neque fiii d fcndcndi locum 
 *' habcat, nee reflitutionis fnturcE fpcm expcftct." 
 DifiVrc-.cc § I 8. By deprivation, a miniPicr is removed only from 
 
 between tif- ]ys p;iri;cular charge, and lofeth the benefice, as was done 
 pnyuiion,' "- -j^j-j. j]^^ minificrs of Linlithffow and Bat:^2;atc, by the 
 clc'Tadation lyi'^^'i ol Lothian in Jvjay 1660; but initances of this kind 
 are rare. By dcpofition, a miniftcr is depofed y?w,W/rr'(fr 
 from both cfFicc and benefice. This church doth not make 
 that diftin(5lion, wlych the canonifts do, betwixt dcpofition 
 and degradation : for they (ay, that dcpofition is pronoun- 
 ced, verbally, by his fupcriors removing him from his of- 
 , fice, but in degradation, the enfigns and vellments of the 
 fcvcral degrees of orders he had been in veiled with, are 
 pulled ofl him, and tliereaftcr his pcrfon is dehveredto the 
 civil magiftrate, to be punifiied for his crimes. " 
 Prayer be- § '9- ^^^ cuflom of this church is, that when they en- 
 
 forc depofi. tcr upon a procefj of dcpofition, the name of God is fo- 
 tion or repo- Icmnly called upon for lig'it and diretTbion. Solemn pray- 
 
 KIO.J. ^^ 
 
Tit. 4. Church of Scotland. 227 
 
 er islikewife made before they enter upon the grounds for And the form 
 reponing of depofed miniflers. The aft of depofirion runs ^' ^"-^ °^ ^^^'" 
 in this or the like form : Ac the which day, a- ?f "T ""'"^ 
 
 nent the lummons and complaint purmcd berore the prel- 
 byrery of at the inftance of againfl: 
 
 minifter at mentioning, &c. and a nent the cita- 
 
 tion, &c. to have compeared, &c. to have anfwered to ihe 
 laid complaint given in againlt him, and the lamen being 
 proven, to have heard a fentence of depolition, cr Inch o- 
 thcr cenfure given and pronounced againft him, by autho- 
 rity of the faid presbytery, as he Iho uld be found to defcrve, 
 c -.form to the afts and praftice of this church, obferved 
 in the like cafes, orelfeto have alledged a reafonable caufe 
 in the contrary ; with certification, if he failed, the laid 
 prefbytery would proceed, and do therein as they ilioulJ 
 find jufl. Which fummons being oft and divers times cal- 
 led, &c. pueRiers prefcnt and compearing, the faid 
 defender abfcnt ; the faid prefbytery having confidcrcd the 
 articles of the faid fummons and complaint •, and being well 
 and fipely advifed therewith, they found the fame rele- 
 vant by the afts and praftice of this church to infer dcpo- 
 fition ; as alfo, they found the arficles of the faid complaint 
 fufficiently proven, by the depofitions of feveral famous 
 witnefles, lawfully fummoned, folemnly fv/orn, purged and 
 interrogate thereupon. That, &c. (here narrate the parti- 
 cular things found proven j as the depofitions of the laid 
 witnelFcs extant in [Mocefs, bear ; and therefore the faid 
 presbytery did by their vote, depofe the faid likcas 
 
 they hereby do, in the name of the Lord Jefus Chrii'l, the 
 aione King and Head of his church, and by virtue of the 
 power and authority committed by him to them, aftually 
 depofe the faid from the office of the holy mini- 
 
 liry, prohibiting and difcharginghim to cxercife the fame, 
 or any part thereof, in all time coming, under the pain of 
 the highi'ft cenfures of thcchurch. Extracted, ^"c. The fen- 
 tenceof fulpenfion runs in this form : They do fufpend the 
 faid from the cxercife of his miniflry till a defi- 
 
 nite time, prohibiting him to excrcifc the fame during the 
 faid fpace, till he be orderly re poncd thereto, under tiie ^^'/fJ^^ . , 
 pmn or depolition. 1 he riiicmoiy Augui}: 5th, ib^i, con- ^ii-^-ider is lo 
 iidering, that according to the -anticnt order and practice of intromit 
 this kirk, the cenfures of rufpenfioiiand depofition are both ^i^'^ the bc- 
 
 G o- 2 - ab "^f'"'' 
 
2i8 Government of the Book IV. 
 
 " ab officio et bencficio," therefore they difcharge depofed 
 or fufpended miniitcrs to cxercife any part of the miniUerial 
 calling, or intromit with the ilipend, under pain of excom- 
 munication to the depofed miniil? r,, and ofd^pofition to the 
 rnlpendcd. Se^ alio i\6\. of Aiicm'oly Dec. 18. 1638, 
 feir. 14. 
 For what § 20. By the :d article of the icth a61 of AOembly 
 
 probationers 16Q4, if probationers malverfe in doflrine or converfation, 
 f!"!^ j" ^^ '"^"' they fliall be accountable to and ccnfurable by presbyte- 
 ries; and if they refufe fubje(51:ion, or prove contumat ions 
 to fuch cenfures, whether of fufpending or recalling their 
 licence, intimation thereof Ilia 11 be made to the church >i- 
 ■ dicatures where they reljde or haunt, that fo none may cm- 
 ploy them to preach. 
 When the ^ 2 i By the adl of Affcmbly 2d Aur,ufl 1 6-|.!, minifters 
 
 Aflembly cii- depofed for the public cauio of rclormativ n, and tranf- 
 
 lycanrepone p-reirmp- the order of this kir':, fliall not he luddenly re- 
 am what lu- ^ . ,■■' • , • ',1 -.1 .u i: ix • 1 u • 
 dicature can ^^^^''^^^ ''S^'" ^^ ^'""^ miniltry, till they hrlt evidence their 
 
 rcpone. repentance both before their prePoytery and lynod, and 
 
 rhcreafrer the fame be reported to the General AfTembly. 
 
 The AlTembly «2th Augull: (6 + ^,. ccnfitlcring that (cn~ 
 
 fences of fuperlor judicatures fnould liar.d effeftual, till 
 
 tliey be taken away by thenifelves, therefore fynods are 
 
 difcharged to repone miniilcrs depofed by AlJemblies, and 
 
 prc-lbyterics from rcponing any minifter depofed. by either. 
 
 He cannot be By adl: of AlTcmblv 13th February 1645, '^^ '^ ordained, 
 
 rellorcd to rhat no minifler depofed fliall be reflored again unto that 
 
 his former place where formerly he ferved, as bcin? a thing prcjudi- 
 parifh, nor '-i , • 11 i*-ir> 
 
 yet to that of ^*' to the congregation, and derogatory to the weight of 
 
 another de- that fentence of depofition, and it being almofl impclfible 
 
 poled for the that ever he can prove ufeful in that paiilli again. S'C 
 
 lame fault. ^]^q i'orm of prccefs on this head. By a6i: of AlTembly 
 
 Augull 17. lO-iK, it is enafted, that no miniller depofed 
 
 for being an enemy to the government of this church, 
 
 when it ihall fall out, that he be piuin a capacity (,f re- 
 
 CidmilTion to the miniflry, iliali enter into the congregation 
 
 of any other minifter, who alfo hath been depofed for 
 
 MInlfters de- that fame fault, by the 53d article of the French church 
 
 , ^'!V°'. difcipline, minillcrs v,ho have been depofed for criii.es 
 ijorna cnmes , • \ , n r \ -a 11 1 /• • 
 
 «oL to be wh;ch delerve ligna! punuhment, or that bear marks or in- 
 
 rcfcjjicd. famy, cannot be reiloicd to their office, what acknow- 
 
 ' *" Icdgemcnt Ibevcr they make, A^nd as for other Ici^ faults, 
 
 after. 
 
Tit. 5. Church of Scotland. 229 
 
 after due acknowledgement made, they ,may be reftored 
 by the national iynod, to ferve in another chnrch, and 
 not othervvifc, which a'2[rees with thefe atfis of our Aflem- 
 bliesjufl; now cited. 
 
 § 22. By the 13th aa of Affembly 1690, all fenten- ^"nyn^f^' 
 ces pall: agalnft any miniller, hinc inde, by any church fters were re- 
 judicature, upon the account of the late differences among poned againft 
 Prefoyterians from the year 16/^0, till the reintrodu6lion of ^'^"^^"^'^p^^^ 
 Prelacy, are declared to be of themfelves void and null, ^^^^ divifions 
 to all effcffts and intents. 
 
 X T I T L E V. 
 
 Of Sentences and their Reviezus, of Dedmatures, 
 Preferences an.d afpeals. 
 
 § I . TUdicial fentences are cither interlocutors, that is. Severe kinds 
 ^ a fcnier.ce interr.ediate between the dependence of lentences. 
 and termination of proce'Tes ; or they are definitive, that 
 is, they terminate procciles. And thefe are either abfol- 
 vitures, whereby t!ie defender is freed and adbiL' ied from 
 the conclufion of the libel or procefs, or they are condem- 
 natory, whereby the conclufion of the procefs is foundjuft 
 and true againft the defender ; or they are mixed, whereby 
 the defender is abfolved from fon:!e part of the conclufion 
 of the procefs, and is condemned in other parts thereof. 
 
 § 2. ! he moderator of no judicature ought to give Sentences 
 forth their ientence, riil the fame be firil put in writing, mall: be writ- 
 
 and tlien he is to order the cleriv to read it in nrefence of , °f*°^"^ 
 
 , tiicy be pro* 
 
 all parties. Thus no jr.dicature can be in the Icafl wrong- nounced. 
 
 ed by any clcik's 'J!"ifaithfulnefs or omillion. 
 
 § i,. When it is doubtful what feiitence mould be pafl, i„ tlonbtful 
 it is tlie (afcfl fide, and the Icaft error, either to drop the cafes it is fa- 
 proccf,^ for the ti.iic, or elfe to abfolve the defender, con- f-^ to ab- 
 form to that maxim in law, " Satius efl impun?tum rclin- **^^^^* 
 " c]..*«i ficinns noccntis, quam innoccntcm damnare, J. 5. 
 " d de pivn," for in abfblving the guilty tiiere is but an 
 cmilfion, whereas in condemninfT^ the innocent there is com- 
 nfitilng of iniquity and injudice. 
 
 C, ... B^ifore a judicature can think to pafsa fcntence, Concluf on of 
 jxirties being firfl fully heard, murt clofe v^hat they have tiie cades, 
 to fiy, and after they have concluded their defences and 
 vailwq-s, then the judicature begins to advife what ientence 
 
 to 
 
230 Government of the Book IV^ 
 
 to pronounce ; and feeing the purfucr fpeaks. firfl: by his 
 libel, tlie defender is allowed to be the laft fpeaker. 
 Some fms not § 5. When faults are fingular and monflroiis, it is the 
 to be tried laudable prafiice of judges, to order the punilhment and 
 publicly. jpjai of f^^ch crimes in private ; I am fure, to acquaint the 
 people of forne unnatural fins, whereof they had never 
 heard, were but a fcandalous and pernicious inftrn6lion. 
 See the 511! art. 1. cap and oth and 1 ith art. of the 5th 
 cap. of the French church difcipline. 
 Nullity of § 6. Sentences are in themfelves null, when pronoun- 
 
 fenteiKes. q^^ againft the general ads of the church, or by an incom- 
 petent judge, fuch as the fentcnccs of kirk ftiTions againft 
 iTiinilters, or even by prefbyteries and fynods, when the 
 procefs.is carried and admitted before their lliperior judi- 
 catures. 
 The nature, ^ 7. When the party nrgle^ls to ufe the ordinary re- 
 ufe, and end medy of appeal, he is allowed (where the ftntence is pal- 
 
 ot reviews, p.^Jy oravaminous) to purfue a review thereof before a 
 and who can }. -'. ^ . ,. ^ ^ ' ,., , „. , , 
 
 review. iuperior judicature. 1 hey are like reductions, and ought 
 
 to be fo libelled, calling the parties and judge to produce 
 what is craved to be reviewed. They are not much in 
 ufe,vvith us, and if they were, fome felf- will'd and liti- 
 gious perfons would take too much encouragement from 
 it. Afiemblies, from which their lies no appeal, may re- 
 view or recal their own fentences., on (ome new or extra- 
 ordinary dilcovery. But inferior judicatures, from which 
 parties ma}' appeal, are nut to detcrininc but to refer the 
 dcfired review er reduction to their iuperior judicature h 
 a party fhall omit to propone a competent and proper de- 
 fence, with a fraudulent and vexatious intention to protracft 
 and refume debates ; in that cafe lip ouoht not to be heard 
 in his making thereof out of due time and (/rdcr. But to 
 hear cniergent and new-di (covered defences fir.ce the con- 
 clufion of the caufe, is but jufl. 
 Themnoi- • § ^- -^" ^^""^ latter part of ihe 2 sd act pari. 169^, it is 
 Rrate is'^to ftatutc, that the Lords of their Majefty's privy council, and 
 inteipolehis all other magillrates, judges, and officers ~ot juilice, give 
 .-luthonty lor ^jj ^^^ alTUtance, for making the feniences and cenfurcs 
 o'it-nje*\o ^^ ^'^"^ church, and judicatures thereof to be obeyed, or 
 church ccn- otherwife eliedual as accords. 
 
 ii-rts. § g^ Declinatures are " ante latam fcnrentiam definiti- 
 
 vam;" but appeals nrc made from, and after that Icnrcnce 
 
 J. i.ciU 
 
Tit. 5- Church of Scotland. 231 
 
 Thefe declinatures are of two (brts, the firfl unwarrantable, ^'""^^^"^e 
 when a judi atiire is declined as having no authority, as inferences and 
 n minifter fliould decline his own presbytery, or tlie other appeals ; 
 fuperior judicatures of the church to be his lawful judges, '>^'^'^^ ^^^'• 
 which is a higher degree of contuniacy than that which '"^"!:^'^v 
 follows upon non- compearance, and may be warrantably whcn'not. 
 cenfured with depofition by the 5th acl: of parliament 
 1690. There is a warrantable declinature, when a judi- 
 cature is declined as having committed injuftice in fome in- 
 terlocutory fentence. i here is likewife a warrantable de- 
 clinature, v/hich may be made againll: particular memberG, 
 who are related to the party by confanguinity or affinity, 
 nearer than a coufin gcrman, or who have behaved thcm- 
 felves as parties in the caufe. It is juft now faid, that ap- 
 peals are properly made from definitive fentences, but 
 they are likewife made from interlocutory fentences, when 
 they contain fuch damage i- the party, whereof no repa- 
 ration can be expeftcd, from ihe definitive fentence that is 
 to enfue. Thus, Paul's appeal was juft, Afts xxv. 9. for 
 although his accufers could not prove their libel againft 
 him, yet his judge did not abfblve him, but partially and 
 unjuflly remitted him to the judgement of his falfe and 
 malicious accufers. 
 
 § 10. Appelhnio is by lawyers faid to be ''Iniquitatis Wlwt an ap- 
 "*' fentcntice querela, a minore judice ad fuperiorem pro- P^^^ '^ ' i^^ 
 " vocans ;" the defign of appeals is to redrefs wrongs done 
 by the iniquity, unilcilfulnefs, or precipitancy of judges. 
 
 § r 1 . As to the cfTecfi: of appeals, " non fbrtiuntur ef- The efFeft of 
 *'• feclum (ufpenfivum £qA devoiutivum tantum," and con- an appeal, 
 fequently refolve only in the nature of protefts for remeid ^^ ^^'^^^ ^'^ 
 of law againfi: a fentence pronounced by the Lords of fef-''-^ ' 
 fion, and not in the nature of i'ufpenfions. By the laft ar- 
 ticle, cap 5. aft. II. aflem. 1707, an aj^peai being made 
 by parties, fliould (Kl the execution of the fentence ap- 
 pealed from, only while the appeal is duely aud diligent- 
 ly profecute, and may thereby be determined, otherwife. 
 not ; imlefs the judicature appealed to, receive the appeal 
 and take the affair before them : and in that cafe the judi- 
 catu'-e appc.alcd from is to (ifl till the appeal be difcuiled. 
 
 Q I i. By the aft of Aflembly Augufl: :^o. 16^9, ap-The manner 
 pellations are dilcharged to be made by leaping over either "f "inking 
 prerbj^tery or fynod, except it be after the fynod is pall, tl whom ^""^ 
 
 ^^^^ made. 
 
232 G O V E R. !^ M E N T OF THE Eook IV. 
 
 and immediately before or in the time of the fitting of the 
 General Aflenihly. The AlTembly 1648, icif. 30. orders 
 thus, that where the appeal after fentence is not ready to 
 be given in, the party fliafll proteft lor liberty to appeal, 
 ond accordingly, within ten days, give in his written ap- 
 }"»eal to the judicature or moderator thereof, otherwife it 
 falls ; which order and method is farther cleared by the 
 Sth af} of Aficmbly 1691, whereby it is appointed, that 
 verbal appellants give in their fjbfcribed appeals, within 
 ten days to the clerk of the judicature appealed froip, 
 (notwithftanding the judicarure may be rp before the time) 
 and alfo intimate the lame to the moderator, by leaving 
 with him an authentic copy thereof, with the reafons of 
 the fame, to beregiflercd by theclcik, and fummons c!i- 
 re6j: thereupon againfr parties defenders, and extraOs there- 
 of, with the citation forefaid, are to be produced by the 
 appellants at the difcnning thereof, declaring that any ap- 
 peals or infiftings thereupon, otherwife made, Hiali be re- 
 ^ jeifted. 
 
 ^ I ?. When the judicature ad quein meets, the party ap- 
 appeal'ls to pcalcd, and oftentimes the judge a quo, craves that the ap- 
 judged de- pellant may be called, and if he appear nor, the appeal is 
 i'ened. holden as deferted; in which cafe finnctur fntcntia. jf 
 
 appellant fail, then to infiil, it i{fj fcitto falls, becomes 
 void, and the fentence of the judicature appealed from is 
 to be put in execution. See the Form of Procefs on this 
 head ena^ed 1707. Unlefs the appellants fend full in- 
 ltru£lions and documents for the necellity of their abfence. 
 See cap. 9 art. 9. French church difcipline. 
 How parties § 1 4- i^J the acfl of AlTem.bly AugutT: 2. 164 3, it is ap- 
 are fiftcd by pointed that all bills v/hatloever of particular concernment, 
 hills and re- ^]iereunto all parties having intcrelt are not cited, fliould 
 be rcjefted. 7\s alio, that they be firft prelented to the in- 
 feriour judicatures of the kirk, who may competently con- 
 fider of them, and from them, be orderly et gruJatim 
 brought to the Aficmbly, and references are to be made by 
 the inferior to the immediate fuperior judicatures in the 
 fame manner. L'.kcwife upon a reference made and inti- 
 mate, ail parties prelent are thereby cited, afud atia^ to the 
 judicature referred unto : but if abfent, the clerk nuifi be 
 ordered todire^l fummons againlt them, which if omitted, 
 the refcronce cannot be received. 
 
 § 15- 
 
Tit. ^. Church of Scotland. 23 j 
 
 § 1 5. When an appeal is brought from the klrk-feflion When the be- 
 to the prcfbytery, they are to confider, whether the caufe '^^ ^ir viale- 
 is of that nature, as it behoved at length to come to the "^^u" j^'^'^.^j 
 presbytery, by the coiirfe of difcipline, before the final 
 determination thereof: as, if it be in a procefs of alledged 
 adultery or fuch like; in which cafe, they may, to fave 
 themfelves time, fall upon coqfideration of the affair with-- 
 out infiiling upon the beiv^ or Jit'./k appe/I./tuviy even tho' 
 it (eem to be propofteronfly appealed. But if the caufe when the ap, 
 be fuch, as the kirk-fefllon are the competent and proper peal is not to 
 judges of, to its ultimate decifion, and if there hath no caufe ^^ fuiuamed. 
 been given by the fellion, through tranlgrcffmg the rules 
 of an orderly procefs, or by the incompetency of the cen-" 
 lure, the presbytery is not to fuftain the appeal ; and if 
 they do not fudainit, but find the appellants to have been 
 malicious, litigious, or precipitant, then they are ro ih- 
 fli£l fome cenfure, fuch as reproof before the presbytery, 
 or appoint them to acknowledge their precipitancy before 
 their own fefhon, and that befidcs remitting the procefs to 
 them. If the appeal to be fufl:ained,and yet upon proceed- wi^entheap- 
 inginthecaufe, the presbytery find the appellantcenfurable, peal is to be 
 they are to order him to be cenfured accordingly: but if lullalued- 
 they find, that the kirk feHlon hath unwarrantably proceed- 
 ed, either to the contributing to the raifing of a fcandal, or 
 infll^ling a cenfure without a fufEcient caufe, they are then 
 not only to abfolve the appellant, but to take proper ways 
 for vindicating his innocence : yet fo as not to weaken the 
 ■ kirk-feflion's authority ; for which end they may give that 
 feffion fuitabie inflruftions and rules to walk by, or private 
 admonition, or to call for a vifitation of their feflion regi- 
 (ler. See that forecited Form of Procefs, Ailembly 1 707, 
 
 T I T L E VI. 
 
 Of the Order of Proceeding to Excommtmication. 
 
 § 1. TF a guilty pcrfon continue in that condition men- whentopro- 
 ■^ lioned tit, 1 . of this book, or lie under the cenfure of ceedfrom the 
 the lelTer excommunication for a confiderable time, after l^^^^i* to the 
 intimation thereof hath been made, both in the congreea- ^"S"^'' ^^' 
 tion where it v/as infli(5led, and alfo in that to which he be- ^jon and 
 longcth, and yet be found frequently relapfing in thefe vi- grounds for 
 
 H U ces ^oth. 
 
234 Government of the Book IV. 
 
 CCS he was ccnfureJ for, it may bs conftrufted fuch a de- 
 gree of contU!"!iacy, and fo aggravate thecriine as to found 
 a proccfs for t'ne cenfare of the higher excommunication, 
 which is to be infli^ed or not, as may mod: tend to the re- 
 claiming of the guilty perfon, and edification of the church. 
 Where there is no obdurate contumacy, the leffer excom- 
 munication needs only hsve p'ace, Again, where no fcan- 
 dalous pra6lice hath been proven, only there is a fimple 
 contumacy follo\^i,ir. by* not appearing, in that cafe, the 
 leHer excommunication is length enough. But if the fcan- 
 dal be of an heinous nature, and that it is fpreadingand in- 
 fectious, as in herefies or fchifm in the church, in which 
 cafe'^, contumacy is to be proceeded againlh 
 Every error § 2. Yet every error or difference in judgement about 
 or d'^^erence pQ-j-ifg wherein learned and godly men may differ, and which 
 
 m ludgment J- . ^ i r • i 'inn* ^\• r 
 
 not fu'Ticient h^hverts not the iaith, nor is deltrudhYe to godlineis, or 
 ground for when pcrfons, out of confcience, do nor come up to the 
 exconrr.um- obfervation of all thefc rules, which are or fhall be efta- 
 cauiion, blifhcd by authority for regulaiing the outward vi-or/hip of 
 
 God, ,and government of his church, the cenfare of ex- 
 communication lliould not be inflifted for fuch caufes. See 
 Durham on fcandal. The letter from the Aflembly of di- 
 vines at Weflminiler, with the anfwer of our General Af- 
 fembly 1645. 
 Howthepref- § 3, The kirk-fciTion having brought the procefs to the 
 byiery pro- l^fj^;- cxcommunication, before they proceed further, they 
 
 r" * „ are by a reference to lav their whole proceedincr in writ be- 
 cerlons pre- ^ -', ^ 1 '' i- 1 1 11 
 
 /ciK orabieut tore the prefbytery, who nnomg them, to have orderly pro- 
 
 in order to cecded, and that the lelTcr excommunication is not ditScient, 
 this ccnfure. ,.}^^y ^^P^ j.^^ caule cite the fcandalous perfon. If he appear, 
 and Ji'uy the fcand d alledged and libelled, then they are 
 to lead probation as in other cafes. If he appear not, then 
 the citation is to be renewed till he hatli got three. 
 After three § 4 ]f he conten)n thefe three c'taiions, tfren he is to 
 ordiaarycka- j^^ admoniilied out of the pulpit, to appear and fubmit three 
 piihlic adino- Several Sabbaths ; and a prefbytery diet Ihould intervene 
 it:tioii.§. betwixt every one of thefe admonitions. By thefe admo- 
 
 nitions intimation is to be made, that the prcrovtcry will 
 proceed to inquire into the guile, akliough the delinquent 
 be abfcnr, and threatning him w'th the highefl cenfure of 
 tbo_ church; if he continug impeiiirent j and therefore the 
 
 iBiniiler 
 
Tit. 6. Church o f S c o t l a n d. 235 
 
 niiniucr is gravely to acimonifli the party prefent or abfent 
 to repent and fubmit himfelfco the difcipiiiie of the church, 
 
 § 3 If after ail, the perfon continue impenitent or con- After three 
 tumacious, the presbytery appoints theminiiter to pray for adinoimioris, 
 him piibliciv in the conrrc-rmtion, and he is to exhort them ^^^}-^y ^-'^''•"^ 
 to join with iiim in prayer, that God would deal with the ^j,g_ ' ^ "' 
 (ocii of the ia.penirqnt, and convince hii^^of the evil of his 
 ways. Whic'i j'ra)/ers of the church, are to be put up 
 three feveral Sabbath days, a presbytery interveneing be- 
 twixt each prayer. 
 
 § 6. 1 he Icaiidalous perfon fiill continuing impenitent, Edia fot ex- 
 and making no application or fubmifilon, the presbytery is ^t>"i»iii»icati- 
 thcn to appoint the miniller to intii^iate their refolution to 
 proceed upon fucii a Sabbath as they iliall name for pro- 
 nouncing that drcidfalfentence, unlefs either the party, cr 
 fome for h'm, Hgnify fome reievaiit ground to ftop the pro- 
 cedure,- that fo, upon the congregation's tacite confent and 
 acquiefcencei the fentence may have its due weight and 
 intended e(fe£t. 
 
 § 7. All thefe flow and feveral fteps of the church's -j-hej-eac^^j^pf 
 proceedings to this high cenfure, do fliew their tendernefs this flow pro- 
 towards their lapfed brother, their earneftnefs to have him cedure. 
 reclaimed, and alio to create a greater regard and terror of 
 that dreadful cenfure, both in the party and all the people. 
 Let not thofe who defervc it, or upon whom it hath been 
 ordei"iy and jultly infti^led, mock and fay, forturiuiit mon- 
 ies^ &c. for whatfoever the church fliall fo bind on earth, 
 our Lord hath (aid it fhall be bound in heaven, Matth. xviii 
 18. and this cenfure is like a feal to all the threatnings of 
 God in his word, which fliall verily be execute againil im- 
 penitent (inners. 
 
 § 8. The day b-^ing come, the minider is to preach a Theminiden 
 
 fermon fuited to that folemn occafion, concerning the na- ^e^'aviourbe- 
 
 ture, ufe, and ends of church cenfurcs : Then, after the "'^^ f^^' 
 
 ,. . .^ ., , ' . ' nounce the 
 
 ordinary prayers and prailes or the congregation are per- iV.ptT.ce. 
 
 formed, the miniftcr is to narrate ail the iteps of the pro- 
 cefs, lliew the obilinate impenitency of the fcandalous per- 
 fon,- and that now there remained only that mean of cut- 
 ring him olf from the fociety of the faitliful. Then he is 
 to delire the congregation to join with him in prayer, that 
 God would grant repentance to the oblVmate perfon, would 
 W \\i gracloufly 
 
236 Government of the Book IV, 
 
 gracioufly blefs his own ordinance, to be a mean for re- 
 claiming him, and that others may fear. 
 The form of § 9 • Then immediately after prayer thatterrible fentence 
 the lentcnce is to be pronounced, in thefe or the like words, fpeaking 
 ot excommu- j^ \{i^^ j^-j f^g fecond perfon, if prefent, and of him, in the 
 third perfon, ifabfent. Whereas thou N. haft been by fuf- 
 licient proof convifted of f here mention the fin) and after 
 due admonition and prayer, remained obftinate, without a- 
 ny evidence or fign of true repents nee : ^ Therefore, in the 
 name of the Lord Jefus Chrift, and before this congrega- 
 tion, 1 pronounce and declare thee N. excommunicated, 
 fliut out from the communion of the faithful, debars thee 
 from their privileges, and delivers thee unto Satan for the 
 deftru^tion of thy flelli, that ihy fpirit may be laved in the 
 day of the Lord Jefus 
 Wlat Is . § ' O' Why the apoftle, i Cor. v. 5. cxprefles excommu- 
 mcaiit hvde- nicationby delivering to Satan may be for this, among a- 
 Jiveiingtafa- mong Other reafons, that Satan is called the god of this world, 
 ^^^' as world is taken in oppofition to the church of God, fo 
 
 that delivering to him implies no more than that Matth. 
 xviii f 7. if he neglcft 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 fliut out from the or- 
 dinary means of grace and falvation, and expofed to the 
 temptations of our grand adverfary the devil. 
 WbpH pro- § 1 1 If after prayer, 6r before pronouncing of that fen- 
 ronncin'T thej-gj-j^^^ {}-jg fcandalous pcrfon make any public fignification 
 be llopned ^^ -^^ ^^^^ penitency, and of his defire to have the centure ftop, 
 tiie miniiler may, upon any apparent' ferioulhefs in him, 
 delay pronouncing liim excommunicated, upon his public 
 engagement andpromife to appear before the prefbyteryaE 
 tlieir next meeting, of which the minifter is to make report, 
 and the presbytery is thereupon to deal with the fcandal- 
 ous jx'rlon as they fhall fee caufe. 
 j l-e effects § '2. After the pronouncing of this fentence, the mi- 
 of this fen- nifter is to warm the people of the elicits thereof; fiich as, 
 tence. ^^3^ ^j^^y hold that perfon to be caft out of the communion 
 
 of the church, and therefore they arc to fliun all unnecet- 
 fary converfe with him; neverthelefs excommunication dif- 
 folvcth not the bonds of civil or natural relations. By 
 the aft of Affembly 1-96, revived Aflembly 163^, ai;r. 
 16. fell 23. fuch are appointed to be excommunicated as 
 
 ^ will 
 
Tit. 6. Church of Scotland. 237 
 
 will not forbear the company of excommunicated perfbns. 
 By the loth of thefe canons called afoflolical^ " Si quis 
 " etiam domi cum excommunicato fimul oraverit, is pariter 
 '* excommunicetur '* By Aflembly 164^. felT ult. and 
 Aflembly 1648, art. 13. fefn 38. if a minifter haunt ihfe 
 company of excommunicated perfbns, he (hall be fufpend- 
 ed for the firfl: fault, and deprived for the fecond, unlefs 
 he have licence from the presbytery, or elfe the excom- 
 municated perlon be in extremis. No civil penalty, fuch 
 as efcheat of moveables or caption, doth now follow upon 
 this fentence, fo that the liberty and eftates of church mem- 
 bers are not endangered by it, nor do they depend upoiT 
 church men. But upon a presbytery's reprefentation to the 
 privy council, againft perfons that are contumacious, fuch 
 may not expeft to enjoy their places, or be intrufted with 
 any, as the laft aft made againft profanenefs in King Wil- 
 liam's reign doth inlinuate. By Jam. VI. pari. 1 1 . cap. ly, 
 excommunicate perfons are to be charged by the minifter 
 to depart from the church in time of miniftration of facra- 
 ments and prayer, and not to diiobey, under the penalties 
 therein mentioned. iff. 
 
 § 13. The minifter is to conclude this cenfure with ^^^^^.^ '^ 
 prayer to this purpofe, that God, who hath appointed this praifc,' and 
 terrible fentence for removing of offences, and reducing pronouncing 
 of obftinate (inners, would ratify in heaven, what, in his the bkffing. 
 name, and by his warrant hath now been done on earth, 
 and that the lliuting him out of the church may fill him 
 with feaa^and fliame, break his obftinate heart, and be a 
 mean to ueftroy the flefti, and recover from the power of 
 the devil, that his fpirit may yet be faved, and al(o that 
 others may beftricken with fear, and not dare to Cm fo pre- 
 fumptucuifly, or contemn the authority and voice of his 
 church. See Knox's forms prefixed to the old pfilms. 
 Then the congregation is to be difmified with the blefting, 
 after finging the laft part of the joift Pfalm, 
 
 ^ 14. '1 he 4 th art. cap. 30. of our Cenfeffion of Faith ^^^ QiiP^r. 
 ^ . , . r 1 I * ^. . , 1 z' 1 1 ence betwixt 
 
 laith, that for the better attainmg the ends or church cen- ^^^ o-reater 
 
 fures, the officers of the church are to proceed by admo- andk-irer ex- 
 
 nition and fufpenlion from the facrament of the Lord's commtnka- 
 
 Supper for a time, and by excommunication from the *^°"* 
 
 church The difference then betwixt thefe two cenfures 
 
 is, fulpenfion from the Lord's Supper, which imports, that 
 
 the 
 
238 Government of the BookVL 
 
 the perfon fo c^nfured is in imminent danger of being ex- 
 communicated and cut off from the clnux-h ; but before 
 that heavy and finifliing (Iroke be inHi(fled, tliere are fur- 
 ther means to he ufed, fiich as prayers and admonitions, 
 in order to his reclaiming, 2 1 hed lii. 6. 14. 15. •* Now 
 " we command you brethren, in the name of our Lord 
 *' Jefus Chri(t, that ye withdraw youriclves from every 
 '* brother that walketh dilordcrly : and if any man obey 
 *' not our vi'-ord by this epidie, note that man, and have 
 ** no company with him, that he may be afliamed, yet 
 " count him not as an enemy, but adinonifli him as a bro- 
 *' ther." Whereas, when a perfon is cut off b^t^iat high 
 cenfure, he is to be looked on as a heathen man, Matth. 
 xviii. 17. Upon which the church ceafeth to be his re- 
 prover, they giving him over for dead or defperate, and 
 will adminifter no more of the medicine of church difci- 
 pline unto him, i G)r. xii. i g. " For what hath the church 
 *' to do 10 judge them that are without ? do m)t they judge 
 " them that are within ? but them that are without, God 
 " judgeth." 
 
 § I A. Perfons guilty of rebpfe in adultery, or who 
 are often guilty of other grofs fcandals, are to be more 
 tion, what, fummarily excommunicate , than in ordinary procefies, both 
 and when to for the heinoufnefs of the (in, and for terror to others, 
 be inflided. ggg [^ffi .^g^ afTem. 1648. \ There is no excommunication 
 abfolutcly furamary, that is, without previous citations, 
 admonitions and prayers, but it is comparatively fummary, 
 becaufe they are not firfl fufpended, as in ordiiwy church 
 procedures againft fcandalons perfons. 1 am fWe, where 
 there is no obdurate contumacy, but on the contrary, e- 
 difying figns of true repentance, to [uch Ji/nis eccL'fiepiii- 
 ■ber faiet : for the repentance of the grcateft finners i;? 
 more edifying and grateful than their excommunication, 
 and if the holy One of ifrael, who is abfolute and fbve- 
 reign in beftov/ing of his mercy and grace to whom and 
 when he will, fhall think fit, by giving unfeigned repent- 
 ance to that nottour atrocious (inner, to (ignify his forgi- 
 ving of him, and receiving Iiim into his favour; how dare 
 any church upon earth prefume to deliver fuch a perfon 
 unto Satan. 
 
 § 16. In cafe the excommunicate perfon continue r-b- 
 ftinare, after the fcntcnce of the prcfbytery is intimated in 
 
 all 
 
 SuHimar ex- 
 
Tit. 6. Church of Scotlaitd. 239 
 
 all the kirks within their bonnds* they are to give an ac- [,*timation of 
 count thereof to the fynod, who are to appoint intimation the fentence 
 thereof to be made in all the kirks of their bounds ; and if of excomnm- 
 need be, the fynod is to bring the cafe to the AfTembly, '^bf^tion 
 that the fentence n^.ay be intimate througli all the church- 
 es of the kingdom, AfTem. 1704. fed. jk. AfFem. 1648, 
 Auguft 10. Only let this be remembred, that if he come 
 to be abfolved, jullice be done him, in caufing the abfb- 
 Intion be intimate, where-ever the excommunication had 
 been, fo the plaifler v/ill be proportioned to the fore, 
 
 § 1 7 There is in the canon law a church cenfure interdiftum 
 which they call int^rdicliim^ by which they excommuni- local and 
 Cite whole kingdoms and provinces for the fault of fome, pai-tlcular. 
 whereby they make the mnocent fuffer with the guilty, 
 through the forbidding the public exercife of God's wor- 
 ihip in that kingdom, place, or provmce They have a 
 particular intcnliCtinn by which they excommunicate a 
 number of perfons fpecially dcfigned. By the firfl of thefe 
 the inhabitants are only affected and reached with its cen- 
 fure during their abode or refidence in the place interdic- 
 ted. But the particular interdili doth reach and follow 
 the particular perfons thereby cenfured, where-ever they 
 '(bjourn. 
 
 § 18. Calderwood, in his hiflory p. 2o,<;. tells us, that Anathematl- 
 anathemati/ation is a cenfure of an higher degree than ex- zation, ex- 
 communication, but the reformed churches generally e- commumca- 
 fteem excommunication to be " feveriffima difciplina, & curiine" are" 
 " ultimumfulmen ecclefi^," infect. 16. art. i, of the di- fynonymous. 
 reclory for church government, as it was printed anno 
 1 &47, to be examined by the Aflembly, it is faid, excom- 
 munication is a fnutting out of a perfon from the commu- 
 nion of the church, and it is the greatefl and lalt cenfure. 
 And, pray, what can a church do more P or, what have 
 they to do more v/ith a perfon fhut out of their commu- 
 nion ? The anathematizaiion among the Canonilh hath no 
 Other eiiefe, but is the fame upon the matter with their , 
 
 greater excommunication; onl}'-, when the fame is inflicted 
 v/irh a number of more folemnities and formatities, be- 
 caufe of that parade, it is then called anathematization. 
 And we find by Knox's forms, that he ufeth the words 
 excommunicated and arrn.f,:d, as fyjionymous or equipol- 
 jcnt ; fee the Form of Procefs both on this and the fubfe- 
 cjuent title, AfTcm. 1707. 
 
 TITLE 
 
240 
 
 Government of the Book VI. 
 
 thod of pro- 
 ceeding to 
 abroJution. 
 
 TITLE YIL 
 
 Of the Order of proceeding to Ahfolution. 
 
 The old and § I. T^Y the manufcript a6ls of Aflembly at Ed nburgh, 
 preient me- -L^ March I 569, perfons excommunicated for their 
 
 ofTences, in order to their abfolution, lliall ftand bare- 
 headed at the kirk -door till prayers and finging be ended, 
 and then enter the kirk, and fit at the public place of re- 
 pentance bare-headed all the time of the fermon, and a- 
 gain depart before the laft prayer, which is agreeable to 
 Knox's forms, concludtd anno 1567, and ordered to be 
 printed by AH^mbly 1571, and is not difagreeable to the 
 primitive practice of the church. But now if, after ex- 
 communication, the figns of repentance appear in the per- 
 fon excommunicated, fuch as godly forrow for fin, as ha- 
 ving thereby incurred God's heavy difpleafure, occafion- 
 ed grief to his brethren, and juftly provoked them to cad 
 him out of their communion, together with a full purpofe 
 of heart to turn from his fin unto God, with a humble 
 w defire of recovering peace with* God and his people ; all 
 which the prefbytery being fatislied with, they give war- 
 rant for his abfolution : but in order thereto, he is to be 
 brought before the congregation, and there alfo make free 
 confeflion and exprefs forrow for his fin, call upon God 
 for mercy in Chrift, feek to be reflored to the communion 
 of the church; and he muft promife, through the Lord's 
 ^ flrength, new obedience, and more holy and circumfpe*^ 
 
 walking. Which appearance before l!ie congregaiion, Ihall 
 be as often as church judicatures fliall find may be for e- 
 dification and trial of the profcflinc^ penitent's fincerity. 
 Abfolution in § 2. A minifter may warrantably, without licen-^e from 
 txtremis.. the prefbytery, haunt the company of excommunicate 
 perfons in extremh, as is faid, tit. praec. And if he fliall 
 then find in the dying perfon true figns of repentance, 
 what is there to forbid his adminiftrating the comfort- 
 able fentence of abfolution to him, feeing it is due to the 
 figns of his repenaisce, and his dying condition cannot ad- 
 mit of longer delay. But that minifters might have better 
 warrant, and the tears of dying penitents be more eafily 
 removed, I wiih there were fome church a£l exprefsly au- 
 
 thorifing 
 
Tit. 7. Church of Scotland. 241 
 
 • 
 
 thorizing minifters to abfolve perfons in fuch clrcumftan- 
 ces 
 
 § 3. In the preceding title, there is an cd (ft of excorn- FJ'if): of ab- 
 munication mentioned, fo, in like manner, and on the ^^l^i^io"- 
 fa ne ground, there fhould be piiblifhed an edi(ft of ahfo- 
 lution, at lead a Sabbath before the fame, that fo the pe- 
 nitent may be reftored to the apparent and tacit fatisfac- 
 tion of that congregation who had fb confented to his fc* 
 clufion. 
 
 § 4 The day being come, the minifter is to preach a Th? minfler^s 
 fcrmon fuired to that occafion : Then, after the ordinary i^cliaviour 
 prayers and praifcs of the congregation are ended, he is to^"^ •'T.T^,''^ 
 call upon the profeHed penitent, and make him declare, ^-^gv,, 
 promife, and call upon God as above : thereafter he is to 
 defire the congregation to join with him in prayer to this 
 purpofe, that the Lord Jefus Chrifl, who hath pronounced, 
 that whofoever by his minifters is bound on earth iliall be 
 bound in heaven, and alio that whofoever is loofed by the 
 fame, flr.ill be loofed and abfolved with him in heaven, 
 would mercifully accept his creature this profelling peni- 
 tent N, whom Satan of a long time hath held in bond- 
 age, fo that he not only drew him to iniquity, but rlfb 
 lo hardened his heart, that he defpifed all admonitions ; 
 for the which his fin and contempt, they were compelled 
 to excommunicate him from the fociet}' of the faithful. 
 But now feeing the Holy Spirit hath fo far prevailed, that 
 he profcfleth repentance for liis fin, that it may pleale God^ 
 by his Spirit and grace, to make him a fincere and unfei'^n- 
 ed penitent; and for the obetlicnceof the Lord Jefus Chrift: 
 unto death, fo to accept of this poor returning (inner, that 
 his former difobedience be never laid to his charge, and 
 that he may increafe in all godlinefs, fo that Satan m the 
 end may be troden under foot by the power of our Lord 
 Jefus, and God may be glorified, the church edified, and 
 the penitent faved in the day of the Lord. 
 
 § 5. After prayer, the fentcnce of abfolution is to be Scjiu'-nce of 
 pronounced in thefe or the like words. Whereas thbu N.^il^toliri'm & 
 haft: been ftiut out, tor thy (in, from the congregation of '^'^^'"[^''^J^]^. 
 the faithful, and haft now nicinifefted thy repentarjce, yed. 
 v/herein the church re!leth fatisfied ; in the naiDC of the 
 Lord Jefus Chrift, before this covigregation, 1 pronounce 
 
 aj;id declare thee abfolved from the fentence of excorr.nni- i^ 
 
 1m 
 1 iiicaticn "X 
 
242 Government, Sec, Book IV. 
 
 nication formerly denounced againft thee, and do receive 
 thee into the communion of the church, and the free ufe 
 of all the ordinances of Chrift, that thou mayefl: be par- 
 taker of all his benefits to thy eternal falvation. After this 
 is pronounced, the minifter fpeaketh to him as a brother, 
 exhorting him to watch and pray, or comforting him, if 
 there be need, the elders embrace him, and the whole con- 
 gregntion holdeth communion with him as one of their own. 
 How the ex- § 6. When the presbytery hath given warrant for ab- 
 cominunicat- folving the excommunicate perfon, he is thereupon raate- 
 ?^ w^^^^l^ rially abfolved, and therefore may be admitted to church 
 Iblutionr^ ' worlhip, before he be actually and formally pronounced 
 and declared fuch. The church may pray for excommu- 
 nicate perfons, unlefs they had certain knowledge, I mean 
 \'ery well grounded, that any of them had committed the 
 impardonabie fin, and that unto death, i John v. 16. 
 Matth. xii, 31. 32. and when we do pray for thefe ex- 
 communicated whom we hope not to be fo guilty, yet we 
 do not pray for them as Chriftians, or of our communion, 
 but as if they were Heathens, for their converfation and re- 
 pentance. 
 ConcMon ci ^7* The minifler is to conclude the abfolution with 
 the abfoluiion prayer, thanking God, who delighteth not in the death of" 
 a finner, but rather that he fhould repent and live, and 
 magnifying the mercy of God through Jefus Chriff, in 
 pardoning and receiving into his favour the moft grievous 
 oflenders, v/hen ever by his grace they unfcignedly repent 
 and forfake their fins : Thereafter the congregation is dif- 
 milled with ablelTing, after finginga part of fome peniten- 
 tial Pfalm. 
 
THE 
 
 FORM of PROCESS 
 
 IN THE 
 
 Judicatures of the Church of Scotland^ 
 
 With Relation to 
 SCANDALS and CENSURES. 
 
 [Ratified and approved by a<^ of AlTcmbly 1 8th April 1 707, feiT. n .] 
 
 CHAP. I. 
 
 Concerning Church Government, DifcipUne, Scandals, and Cen- 
 fures in generaL 
 
 OUR Lord Jefus Chrlft hath inflitnted a government, and go- 
 vernors ecclefiaftical in his houfe^ with power to meet for the 
 order and government thereof; and to that purpofe, the apo- 
 ftles did immediately receive the keys from the hands of their Lord and 
 Mafter Jefus Chrift, and did u(e and exercife the fame upon ail oc- 
 cafions, and Chrid hath from time to time furniflied fome in his church 
 with gifts for government, and with coramilFion to exercife it when 
 called thereunto, and has promifed his prefence to be with them to 
 the end of the world. 
 
 It is aggreable to, and founded on the word of God, that fome o- 
 thers, befides thefe wiio labour in the word and doctrine, be church 
 governors, to join with tl^ minifters of the word in the government of 
 the church, and exercife of difcipHne, and overfight of the manners of 
 the people; which ofncers are called ruling elders: As alfo, that the 
 church be governed by feveral forts of judicatures, and one in fubor-- 
 dination to the other, fuch as kirk-felfions, prelbyteries, provincial 
 fynods, and general adembiies. 
 
 Church difcipline and cenfures, forjudging and removing of offen- 
 ces are of great ufe and neccflity in the church, that the name of God, 
 by reafbn of ungodly and vvicked perfons living in the church, be not 
 
 1 i I blafphemed 
 
2 44 Form of Process i it 
 
 blnfplicmcd, nor his wrath provoked againfl his people, that the god- 
 ly be nor leavened with, but prefervcd from the contagion, and ftric- 
 ken with fear, and that finners who are to he ceiafured may be afliam- 
 cd, to the deflru6lion of the flclli, and faving of the fpirit in the day 
 of the Lord Jcfus, 
 
 No hing ough' to be admitted by any church judicature as the ground 
 of a nroccfs for cenlure, but what hath been declared cenfurable by 
 the word of God. or fome n£t of univerfal cuftom of this national 
 church agreeable thereto; and the feveral judicatures of this clnircU 
 oughr to take tinous notice of all fcandals: But it is judged, that if a 
 fcvndal fiiall happen n^t to be noticed in order to cenfure for the fj ace 
 of five years, it Onould not be a^zain revived, fo as to enter in a pio- 
 cefs tlicrcanent, unlefs it be of an heinous nature, or become again 
 flagrant, but the confciences of luch perfons ought to be ferioufly 
 dealt with in privnte to bring them to a [enCe. of their fin and duty, 
 
 Ihefc alT mblies or church judicatures before-mentioned have power 
 to convene and call before them any perfons with'n iheir own bounds, 
 u'iiom the cccleflaihc bufinefs, which is before them doth concern, ei- 
 ther as |-arty, witnefs, or oiherwife, and toexamine them according to 
 vhr nature of the affair, and to hear and determine in fuch cafes as 
 flir.ll orderly come before them, and accordingly difpenfe church cen- 
 furcs. 
 
 If a perfon be charged with a fcandal. who lives within the bounds 
 of another parifla. the kirk fellion of the parifli where that perfon re- 
 fides ib.ould be deGred to caufe cite that perfon to anfwer before the 
 felfion in whofc bounds the Icandal happened, and the fame courfe is 
 to he followed in fjch cales by the other judicature^ of the church, 
 feeing, for order's fake, they fhould not prefume to exercife their au- 
 thority without their own bounds. 
 
 The minillcr of the word being an office above that of the ruling 
 c der, cannot be liable to the ccnfureof the kirk-fefTioii, but ip the 
 lupcrior judicaturci) of the church. 
 
 C H A P. II. 
 
 Cvicc'-nin?^ the enterinf^ of PrQCcffeSy' Citiitioii of Parties and 
 WitncjJcSj and taking Dcpofitionr, and anent Fugitives from 
 
 Difciplinc*^ 
 
 "j\ ^/T i MBERS of kirk-f (Tions arc wifely tocor^dcr the information 
 -^ ' -*- they get of fcandals, and confult with their minilier thereanent, 
 ^yeu before the fame be communicate to others^ ^hat thereby the 
 
 fpreading 
 
C H URCH JUDICATUHES. ?45 
 
 fpreading of the fcandal may be prevented, and it may be removed by 
 private admonition according to our Lord and Saviour's rule, Matth. 
 xviii. I c^. which, if amendment follow, is the far better way of gain- 
 ing and recovering a lapfcd brother, wr.ereas the needlefs fpreading of 
 a Ibandal docs (binetiiries harden the guilty, grieve the godly, and is 
 diihonourable to religion. 
 
 "When any bufinefs is moved in a church judicature, whether by 
 information, petition, or otherwife, they are in the firfi: place ro con- 
 fider, whether the matter in itscircumftantial cafe be proper for them 
 to enter upon, and whether it be orderly brought in, and proper for 
 them to cognofce and difcufs ir thcrn (elves, or .prepare it for fuperior 
 judicatures, and fhould endeavour to Hiorten their work as much as 
 with the edification of the church they can, efpecially as to the head 
 of fcandal, but flill on all occat'ions tlie office bearers in the houfe of 
 (jod are to lliew ail prudent zeal againft fin. 
 
 In proceeding in all caufcs, where there is any perfon or parties con- 
 cerned, the judicature is to fee, that before they pjoceed, thefe per- 
 fons or parties be duly fjfted before them by a legal and timous citation 
 in write, bearing its caufe, either at the infrance of a patty comi>lain-- 
 ing, or at lead by order of the judicature; and if they be refiding 
 within the parifli, the fame may be upon forty eight hours advertife- 
 ment, and the execution of the fummons bearing its caufe, and made 
 before two or three witncfies infert, is to be returned by the beadle 
 or officer in writing, and the perfons cited called at the dj)or ; and 
 this IS efpecially to be cbfervcd by prei^yterics and other iuperiur ju- 
 dicatures of the church. 
 
 Sometimes it may be fit that the party be privately fpoken to, be- 
 fore any citation be given, or procefs begun, for their better gaining, 
 in whicii cafe the n.inifter is to exercife his own difcretion, and take 
 the concurrence ol elders and others with him; but if the party cited 
 as above, appe;. r nor, there ought to be a fecond and then a third ci- 
 tation given by the order of the fcffions and prefbyteries, either perfo- 
 nallv, or left at their dwelling houfe, before the judicature declare 
 the peri()n contumacious, unlefs the party be cited to appear before a 
 fuperior judicature by reference or appeal, in which cafe there is nor 
 that need of fo many citations, before the fuperior judicature, the par- 
 ty having a'Siyally appeared before the inferior judicature; and being 
 cited afui alia to appear before the fuperbr, and the fame marked in 
 the iDinutes, or having been declared contumacious before the caufc 
 v/as brought before the fuperior judicature. 
 
 Ail citations <7^//c/^ar7, are peremptory, c\nd if inff ru(5lcd, infer con- 
 tumacy, if not obeyed. 
 
 If 
 
14^ Form of Process in 
 
 If the perfon do not appear on the third citation, or upon a citation 
 aftid acta, and no relevant excufe adduced and verified, though in 
 that cafe he be cenfurahle for contLiinacy, yet it may be fit the judi- 
 cature proceed to take cognition, either by exauiining vvitnelTes upon 
 oaih, or by other documents of the verity of the fcandals delated a- 
 gainft him, before they cenfure him for contumacy. 
 
 If the party appear, then the moderator is to inform the perfon of 
 the occafion of his being called, and to give him, if dcfired, a ihort 
 note in writing thereof, with the names of the witneilcs that are to be 
 made ufe of. 
 
 There feems to be no need of accnfers or informers in ecclefiaRic 
 procefles, where the fame are not raifed at the inftance of a party 
 complaining formally, But the party, if circd by order of thejudicature, 
 is to anfwer thejudicature in v\ hat i.^ laid to his charge : yet fb, that 
 if the party cited be found innocent and acquitted, thofe who inform- 
 ed 'thejudicature, whether the party require it or not, ought to be no- 
 ticed, for either their calumny or imprudence, as thejudicature fhall 
 find caufe. 
 
 If there be witnefTes to be made ufe of in the procefs, a lift of 
 their names ought to be given to the defenders tome time before, or 
 at leaft at their compearance, and the witneffis ought to be timoufly 
 cited to give evidence ; and if they refnfe, after three citations given, 
 and executions returned, may be proceeded with as contumacious, or 
 if judgec^ needful, after the firft or fecond citation, application m.ay 
 be made to the civ'.l magidrate, that he may oblige them to appear. 
 Before the witnelTes be judicially examined, the accufed perfon is 
 to be called, and the relevancy of the Hbel difcufled, and if the de- 
 fender compear, he may objefi: againft any of them, and if the ob- 
 jeflion be relevant, and made evident to the judicature, the witneilcs 
 are to be call, but a perfon's being the delator or informer, dorh roc 
 ■hinder him to be a witnefs, except in the cafe where he formerly 
 complained for his ov/n interelt, or of pregnant premuiprions of ma- 
 lice againft the peri'on acculed. 
 
 Though there be no relevant objeftion, yet the witncdcs are fo- 
 lemnly lo be purged of malice, bribe or good deed done or to be 
 done, and of partial council. 
 
 Ihie vvitne/lc:^ are to be examined in prefence of the accufed party, 
 if compearing, and he iTiay delire the moderator to propofe iuch que- 
 fUons or crofs queftions to the vvitnefles, as may tend to his excul- 
 pation, which if the judicature think pertinent .-♦re to be propofed; but 
 no accufed perfon is to interrupt the wirncllcs, or Ipeak during the 
 time of depofition. 
 
 If 
 
Church Judicatures. 247 
 
 If the party accufed do before probation offer grounds of exculpa- 
 tion tabe proven by witnefies, the moderator and clerk, if required, 
 are to give warrant to cite the witnefies upon the party's charges, the 
 relevancy of the offered exculpation being firft confidered and fuftain- 
 ed by the judicatnre^, and if the exculpation be fully proven as to 
 the fubftance of the fcandal, all further proof of the libel and accu- 
 fation muft there fift, and the defender is to be afloilzied, and if the 
 libel be fpccial as to the time and place of a fa61:, and the acculed 
 more pregnantly alledge and clearly prove alibi, but if the fubftance 
 of the fcandal be once fuflained and deponed upon, there can be no 
 place for exculpation, unlefs it be as to fome extenuating or alevia- 
 ting circumflances not contrary to, but confident witlrthe depofitions 
 already taken. 
 
 If the witnefies cannot fubfcribe their names to their depofitions, 
 the clerk is to mark that they declare they cannot write, and the mo- 
 derator is to fubfcribe the fame, whether they can fubfcribe or not. 
 
 After the depofitions are ended, the parties being removed, the 
 members of the judicature at the fame or fome after diet thereto ap- 
 pointed, are to advife the caufe, and there and then to reafon the af- 
 fair calmly, fpeaking always to the moderator one after another, 
 without interrupting one another, ufing no reQefting language to, or 
 of one another, nor too long harangues or digredions. 
 
 If any pcrfon or perf )ns under procefs for fcandal al^fcond, 
 they lliail, after being called before the judicature and not compear- 
 ing, be cited firft from the pulpit of the parifli where the procefs de- 
 pends and where they refide, and if they do not thereupon appear 
 before the judicature before vv^hom the procefs depends, they are by 
 order of the prefbytery to be cited from the pulpits of all the kirks 
 within their bounds to compear before the prefbytery j and if they 
 do not then compear, they are to be declared fugitive from the church 
 difcipline, and the fame intimate in all the kirks within the bounds of 
 the prefbytery, dcfiring, that if any knows of the faid fugitives, they 
 may acquaint the-miniflcr or elder of the bounds thereof, and the 
 prefbyicry are to fift there until they get further notice of thefe per- 
 fons. 
 
 CHAP. 
 
248 Form of Process in 
 
 i 
 
 CHAP. m. 
 
 Concsmin^ Szvsarersy Ciirfcrs, Profhners of the hordes Day, 
 Drunkardsy and other Scandals of that naLiire. 
 
 TT ma)^ fall out that one fingle aft of drunkennefs or breach of the 
 ^ Lord's d^y, difobedience to parents, or of fwearing, curfing, 
 fcolding, fithting, lying, cheating or dealing, maybe clothed with 
 fuch circumftances as may be a juft ground of procefs immediately, 
 and even bring the perfons guilty under the cenfure of the leiTer ex- 
 communication, and fufpenfion from the benefit of the fealing ordi- 
 nances, and require their appearance in prefence of the congregation 
 to be rebuked, before relaxation ; but the weight of this is duely to 
 be pondered, and church judicatures and members thereof are to 
 confider, whether private adr. niition of the perfons alledged and 
 found guilty of the above fcandals, if not cloathed with fuch cir- 
 cumftances of bringing them to the public, will tend moft to edifi- 
 cation, and proceed accordingly. 
 
 But ordinarily in all fuch otfences, the guilt)'^, for th"^ firft fault, 
 would be fpoken to in private by the miniftcr or an elder, and ad- 
 nioniflied, and on promile from a fenfe of guilt to amend, they may 
 fift there. 
 
 But if the perfon relapft", he fhould be called before the fefllon, 
 and if found gniity, may be there judicially rebuked, where the ^z{- 
 fion on promife, from a due fenfe of fm, to amend, may again fill. | 
 
 But if the perfon nm.end not after that, the feffion fliould orderly ^ 
 proceed, unlefs repentance appear, and due faiisfaftion.be offered, till 
 they inflift the cenfure of the lelTer excommunication, and fufpenfion 1 
 from the benefit of the fealing ordinances, under which the ccnfured 
 arc to lie till amendment and reformation. 
 
 With refpcft to fcandals, tlie grofniefs whereof makes it neceflary 
 to bring the perfons guilty ofrencr than once before the congregation, 
 the rules prefcribed by the fourth aft of the general ailcmbl^^ amvj 
 170^, are to be followed. 
 
 If the .guilty perfons continue in this condition, cr lie under the 
 cenfure of the jeflcr excommunication a confiderabie time, and yet be 
 found frequently relapfing in thefe vices ihey arc cenfured fcr, it may 
 be conllrufted luch a degree of contumacy, and fo aggravate the crime, , 
 as ro found a procefs ot the cenfure of the higher excommunication, ' 
 which isto be inflifted, or nor, as may tend mofi to the reclaiming of j 
 the 2uikv perfon, and edification of the church. J 
 
 "^ ^ ^ C H A y\ 
 
Church Judicatures. 249 
 
 C H A P. IV. 
 
 Concerning the Sin of Fornicationy Adtilten, and fcandalous 
 Carriage tending thereto. 
 
 IN delations about the' fin of uncleannefs, it falls frequently out, 
 that when the matter is put to the ftrifteft trial, all that can^be 
 proven is but prefumptions of guilt or fcandalous behaviour, and not 
 the aft of uncleannefs, the fame being a work of darknefs ; and 
 therefore this fhould oblige the kirk feffion to be very cautious how- 
 to admit the publrc entering a procefs without good warrant, where 
 there is not a child in the cafe, unlefs the (candal be very flagrant. 
 
 Many of thefe anions which give occafion to the raifing a icandal 
 of uncleannefs, are fuch as are nottherhfelves alone publicly cenfur- 
 able, but to be paft by with a private rebuke of adnnonition. 
 
 Yet fbme cf thefe anions which come under the name of fcandal- 
 ous behaviour, maybe fo lafcivioiis and obfcenc, and clothed with, 
 fuch circumflances, as may be as offenfive as the aft of uncleannefs 
 itfelf, and as cenfurable. 
 
 If a married woman whofe hufband hath been notourly abfent for 
 a confiderable time, be3'ond the ordinary time that women ufe to go 
 with child, be found with child, this alio may give ground to a kirk 
 feflion for a procefs againfl her; but in this cafe judicatures would 
 be prudent in confidering well all circumflances, and whether or not 
 the perfbn hath been always of entire fame before, as alfb how the 
 public fame now runs. 
 
 ^ When an unmarried woman is known to be with child, the fame 
 gives ground to a kirk feffion for a procefs againll her, and after fhe 
 is cited before the feffwDn and appeareth, ilie is to be' interrogate who 
 is the father of that child, and though in no other cafe s the divulging 
 of a fecret maybe veryifuprudent, and indeed the raii'Ing of a fcandal, 
 yet in this cafe where there is a child, whereby there is an undeniable 
 fcandal, and the keeping fecret of the father a ground of greater of- 
 fence, and of fufpefting many innocent perfon>, if fhe difcover non 
 ihe father, flie is to be looked upon as contumacious. 
 
 Prudence may- fometimcs require that the perfon llie iiameth to be 
 the father of the child, be informed thereof, and fpoke to privately, 
 and if he deny the fame, he is ferioufly to be dealt with to confefs, 
 but if he flill deny, then the fcfiion is to caufe cite him to appear be- 
 fore them. 
 
 In this procefs when the delated father compeareth, he is to be in- 
 
 K. k terrogate 
 
250 Form of Process in 
 
 r 
 
 lerrogate, and if he deny, he is to be confronted with the woman, and 
 the prefiimptions, as particularly held forth as pofTibie, and all along 
 there fhould be private treating with him, in all meeknefs, charity, and 
 ferioufnefs, and if after all this he deny, though the woman's rclVi' 
 mony can be r.o fufficient evidence againfl: him, yet pregnant prefump- 
 tions, fuch as fufpicious frequenting her company, or being foliis ciaii 
 f^J.i in Ijco fufteci:^ or in fufpcft pollures, aifJ fuch like which he can- 
 not difprove tothe fatisfaftion of the fefiion, may fo lay the guilt u- 
 pon him, as lliew him, that there appears no other way of removing 
 the fc^ndal, but his appearance to be publicly rebuked therefor; if 
 he will not fubmit himlelf to be rebuked as above, it perhaps may he 
 jnore for edification that a true narrative of the cafe be laid before the 
 congrcgarion, and intimation given, that there can be no further proce- 
 dure in that matter, till God in his Providence give further light, to 
 {iH there at the time, than that an oath be prellcd, and upon refufnl 
 proceed ro the higher excommunxation ; but if the perfon accufcd do 
 cfTcr his oath of purgation, and crave the privilege thereof, the pref- 
 bytery may (if they Ihall judge it for edification and removing of the 
 fcandalj allow the fame, which may be to this purpofe. *' 1 A. j^. 
 now under procefs before preroyterv of for that lin of ailed- 
 
 ged to be committed by miC with C, D. and lying under that grievous 
 ilander, bemg repute as one guihy o^that (in; I, for ending of the 
 faid procefs, and giving fatisfaftion to all good people, do declare be- 
 fore God and this that ] am innocent and free of the faid fin of 
 or having carnal knowledge of the faid C D. and hereby call 
 the great Gcd, the judge and avenger of all falfehood, to be witnefs 
 and judge againft me in this matter if 1 be guilty : and this 1 do, by 
 taking his blcffed name in itiy mouth, and fwearing by him, who is 
 the great judge, punillicr, and avenger as faid is, and that in the fin- 
 eerily of my heart, according to the truth of the matter and m/me own 
 confcience, as I fliall anfvi^er to God in the laft and great day, when 
 3 fliall (land before him to anfvver for all that 1 do in the flcfh, and as 
 J would partake of his glory in heaven after this life is at an end." 
 
 In taking this oath for purgation, all tcndernefs and caution is to be 
 Tifed, nor is the felTion to prefs any man thereto, but they ure to deal 
 with him and his confcience, ^s in the fight of God, and if he offer 
 ,to give his oath, the judicature are to accept it or not as they fhall fee 
 caufe, and then to proceed to remove the fcandal, with the advice of 
 the preibytery, as may be moll to edification ; but this oath is not to 
 be taken inany cafe but thi?, when the prcfumptions arc fo great, that 
 they create fuch jcaloufy in that congregaiion and feffjon, th.it nothing 
 ^^'ijl remove the ilifpicicp but the ir.an's cath of purgation, and when 
 
 his 
 
Church Judicatures. 251 
 
 his oath wiil probably remove the fcandal and fufpicion, in all other 
 cafes this oath is in vain, and fo fhould not be admitted, and never but 
 by advice of the prefbytery. 
 
 This oath 'for purgation is to be taken either before the kirk-fefficii 
 or prefbyrer-yr, or the congregations, as the prefnytery fliaii determine, 
 and if the oath be taken before the feffion or prefbytery, it is to be in- 
 timate to the congregation, thut fvich a perfcn hath taken fuch an carh, 
 and the party may be obliged to be prefent in the congregation, and 
 may be put publicly to own his purging himfelf by oath, and fo be 
 declared free from the alledged fcandal. 
 
 After an end is made as above with the delated father, the woman 
 is to be dealt with to give the tjue father, and if after all ferious deal- 
 ing and due dilipence flie give no other, fheis to be cenfured accord- 
 ing to the quality of the otfence confedid by her, without naming the 
 perfon delated by her, the judicature referving place for further cen- 
 fure upon further difcovery. 
 
 If the woman who hath brought forth the child, doth declare fiia 
 knowefh not the father, aliedging ihe was forced, as in the fields by 
 a perfon unknown, or any the like reafon; in thefe cafes great pru- 
 dence is to be ufed, the former behaviour of the woman exactly fearch- 
 ed into, and fhe ferioufly dealt with to be ingenuous, and if flie hath 
 . been of entire fame, fhe mav be put to it to declare the truth as if fhc 
 were upon oath, but not without the advice of the prefbytery, and no 
 formal oath fiiould be taken, and if the woman confefs fhe was not 
 forced, but doth not know the man, wliether married or unmarriec], 
 the lame cenfure is to be infii<5ted upon her, as in the cafe of adultery. 
 
 If a' perfon doth voluntarily confefs uncleannefs, and if there be no 
 child, and the cafe be brought to the kirk-feliion, the fcifion is to in- 
 quire what prefumptions there are of the truth of the thing confelled, 
 or what may have moved the perfon to make that confelTion, whether it 
 floweth from difquietudeof mind, or from finiflrous defign, as w|-,on a 
 man fuing to a woman for marriage is denied', and for revenge, or for to 
 obtam his defire, fpreads the report that he hath been guilty with her, 
 they are to be dealt with according as the prefumptions upon fearch 
 are found or not. 
 
 If it be found that there is no ground for the confeiHon, and that 
 it is falfe, the perfon confelhng is to be cenfured as defaming himfelf, 
 and likewife as a flanderer of the other party ; and with all, applica- 
 tion is to be made by the feffion to the civil magiftrate, that he may 
 be punilhed according to law. 
 
 If there be need of witnefles^ the directions 'formerly ir.entioned 
 (chap. 2.) are to. be. followed. 
 
 K k 2 When 
 
"252 Form OF Process IN 
 
 When perfons guilty of uncleannefs live one in one parifh, and a- 
 nother in another parifh, the procefs againfl them, and cenfures are 
 to be before the felFiun of the parilji where the woman liveth, or where 
 the fcandal is mod: notour. 
 
 If a fcandal of uncleannefs be committed where neither parties re- 
 fide, a$ if perfons having dieir fixed refidence in one parifli do com- 
 mit iincleannef^ in another parifh, or perhaps in the fields, or in the 
 time of fairs or markets; in thefe cafes, they are to be procefled and 
 cenfured where their ordinary abode is, except the place of their abode 
 be at a confiderabledtftancefrom the place where the fin was commit- 
 ted, and the fcandal be moil: fiagrant where it was committed. 
 
 When there is a fcandal of uncleannefs whereof perfons arc guilty 
 living in different pariflies, the felfjon where the fin was committed is 
 to acquaint the other fetfions where any of the perfons refide, who 
 are ex debito to caufe fummon thefe perfons to appear before that fef^ 
 fion where the fcandal is to be tried. 
 
 Wlien a perfon is convict of fcandal by a fedion of another congre- 
 gation than his own, and the cenfure of the lefler .xcommunication is 
 infilled, the feffion is to fend an account thereof to that feffion to 
 which he belongs, but thej e is no need of any other fentenee of his 
 own felTion, to fix the cenfure on him, but only a public intimation 
 thereof to be made in his own parifh. 
 
 When a perfon is cenfured and abfolved from his fcandal in ano- 
 ther congregation than where he lives, he is to bring a teftimonial of 
 bis abfolution, which is to be intimate to the congregation he lives in, 
 if the fcandal be alfb flagrant there*, otherwife it will be fufiicient to 
 ' intimate ihe fame to the feffion, and the fame is to be done in the cafe 
 of the profcffion of repentance, where there has been a fentenee . of 
 the lefler excommunication. 
 
 CHAP. V. 
 
 Concerning Appeals from a Kirk-fefion to a^ Presbytery j 6cc, 
 
 A LL perfons who judge themfelves lefed by the procedure or 
 ±\ fentenee of a kirk-feifion may appeal to the presbytery, by de- 
 claring and protcfting at palling of the fentenee, and fhould there- 
 upon according to the eight a6t of the general aflembly 1694, give in 
 the appeal with tiie reafbns thereof in writ, to the moderator or clerk 
 cf the feffion, within the fpace of ten days after the time of appeal- 
 ing, and procure cxiFacTts thereof, and prefent the fame to the ne?c 
 meeting of the prefbytery thereafter, if there be 9 competent time, at 
 
 icall 
 
Church Judicatures. 253" 
 
 leaft ten days free betwixt the time of appealing and the meeting of 
 the prefbytery •, and fhould then inflft in the appeal, wherein, if the 
 appellant fail, the appeal iffofafio falls and becomes null, and the 
 appellant is to be held as contumacious, andproceeded againft accord- 
 ingly by the kirk-feflion. 
 
 When an appeal is brought from a kirk fefllon to a presbytery, 
 the prefbytery is to confider, whether the caufe is of that nature, as it 
 behoveth at length to come to the prefbytery by the courfe of diici- 
 pline, before the final determination thereof, as if it be in a procefs of 
 alledged adultery, or fuch like, then the prelbytcry, to fave themfeJves 
 time, may fall upon the confideration of the affair without infiffmg 
 much upon the bene or male cf-jjelldtiiM^ though it feem to be prepo- 
 fteroufly appealed. 
 
 But if the caufe be fuch as the kirk fefllon are the competent and 
 proper judges of, even to its ultimate decifion, and if there hath been 
 no caufe given by the l^irk feffion, by their breaking the rules of an 
 orderly procefs, either by the courfe of the procefs, or by the incom- 
 petency of the cenfure, the prcsbyt<!ry is not to fuflain the appeal. 
 
 If the presbytery do not fuffain the appeal, and find there hath been 
 fome fault, pafTion, or culpable miftake in the appellant, the presby- 
 tery is to inflid fome cenfure, fuch as a reproof before the presbytery, 
 or appoint an acknowledging of their precipitancy before their own fef- 
 fion or fuch like, on thefe appealers they find to have been malicious 
 and litigious, thereby to prevent unneceflary appeals, and that befides 
 remitting back to the felTion, to fland either to the cenfure of the 
 fcffion, if it be inflicted already, or to fifl themfelves during the 
 procefs, if it be depending. 
 
 If the appeal be fudained, and yet upon proceeding on the caufe the 
 presbytery find the appellant cenfurable, it is always to be minded, 
 that whatever cenfure be infli£led to remove the offence he hath given 
 to the presbytery, yet the appellant, if found guilty, is to undergo a 
 cenfure, either before the kirk feffion or congregation he belongs to, 
 fuch as the presbytery thinks he deferves, elfe presbyteries will be al- 
 ways troubled v/ith appeals. 
 
 If, on the other hand, on trial of the procefs, the presbytery find 
 the kirk feffion hath unwarrantably proceeded, either in contributing 
 to the railing of a fcandal, or inflicling the cenfjre without a fufficl- 
 ent caufe, and thereby the appellant lefed ; the presbytery is not on- 
 ly to alloiizie the appellant, but to take flich ways as may be proper 
 and efl'e(ftual to vindicate the appellant's innocency, and wipe oif the 
 fcandal taken at him. 
 
 Herein the presbytery is. to exercife great prudence, doing juflice 
 
 to 
 
254- Form of Process in 
 
 to the innoceot, yet fo, as not to weaken the kirk felTion's authority 
 in thar congregation, if in juftice it can be avoided., 
 
 but fuch an emergent may v<ry wt»li occafion the presbytery's gi- 
 ving the miniiter and elders of that (efTion ruitablcinjunci:ionsand rules 
 to walk by, or private admonitions, or to call for a vifitation of their 
 feinon regifter. 
 
 7 he fame method is to be follo\^'ed in appeals from presbyteries to 
 fynods, and from fynods to general afiembiies. 
 
 An appeal being made by parties, ihould fift the execution of the 
 fentence appealed from, only while the appeal isduely and diligently 
 profccute, and may thereby be determined, otherwife not, unlefsthe 
 judicature appealed to receive tne appeal, and take the affair before 
 them, and in that cafe the judicature appealed from is to fift until 
 the appeal be difcufled. 
 
 CHAP. VL 
 
 Concerning Procejfes, zvhich natively begin at the Kirk-feffiony 
 but are not to he brought to a final Determination by them, 
 
 THere are fome procelfes, which natively begin at the kirk kC- 
 flon, which, for the atrocity of the fcandal, or difficulty in 
 the affair, or general concern, the feffion having the opportunity of 
 frequent meetings of the prefbytery to have recourfe there unto, do 
 not determine of themlelves, fuch as fcandals ofinceft, adultery, 
 trilapfes in fornication, murder, athiefm, adultery, witchcraft, 
 charming, and herefy and error, vented and made public by any 
 in the congregation, fchifm and feparation from the public ordi- 
 nances, procefles in order to the highefl: cenfures of the church, and 
 continued contumacy ; but the kirk feluon having received infor- 
 mation of fuch grois fcandals, they are to weigh the fame according 
 to the rules and dire£tions prefcribed them in proceOes, which belong 
 ' to their peculiar province, and if they find good ground for a pro- 
 cefs, they are to deal with the perfon accufed to confefs, that which 
 now cannot be hid nor amended, till fatisfadion be made to the 
 church, which when done, the felfion is to refer the cafe, and fend 
 an cxtraft of their procedure ihercanejit to the prefbytery. 
 
 When there is no confefTion of the fcandals above mentioned, the 
 * fefTion are not to proceed to lead probation by witnefTes or prefump- 
 rions, till an account of the matter be brought by reference to the 
 prefbytery as aforefaid, and the prefbytery do thereupon appoint the 
 lefTion to proceed and lead probation ; and after probation is led, the 
 fcme is to be brought to the prefbytery, who may inflift what cen- 
 fuie they fee caufc. 
 
 Sometimes 
 
Church Judicatures. 255 
 
 Sometimes it will fall out that the procefs is fo clear, as in a cafe 
 cf judicial confefTion, that the kirk felTion may fumrfion the delin- 
 quent wherf before them af.ud citi.i^ to compear before' the pre(by« 
 tcry, without previous acquainting them thereof, but where there is 
 any difficulty, the kirk feffion fhould inform the preH^ytery, and take 
 their advice, before a party be fummoned before them. 
 
 When the party or parties compear before the prefbytery, if they 
 confefs and profefs repentance for their (in, then the presbytery ha- 
 ving gra\rely rebuked, and ferioufly exhorted the party or parties, 
 are to determine the cenfiire, and prefcribe the time and j:^ce of 
 the parties, their profefllon of their repentance publicly in the church 
 of that congregation where the procefs began, the Icandal i^ing there 
 to be taken away, or remit them to the fefllon, to (land either to the 
 cenfure of the feffion, to receive orders thereanent. 
 
 It is thought mure fit that the delinquents be appointed to remove 
 the fcandal in the congregation, where the offence is moft flagrant, 
 efpecialiy if they refide there, rather than in the place where it was 
 commitre.i, if it be not public there, and that intimation of the re- 
 moving thereof be made in other places, if the judicature iliall find 
 it needful. 
 
 When perfbns cenfured for thefe groder fcandais do apply to the 
 kirk felhon for relaxation, they may both be privately conferred 
 with, and likewife their acknowledgements heard before the feflion, 
 but they ought not to be brought before the congregation, :n order 
 to their abfokuicn, nor abfblvcd, but by advice and order of the 
 prefbytery. 
 
 • CHAP. VII. 
 
 Conccniing Proceffcs againfi Minijlers. 
 
 LL proccfles again!"!: any minifter, are to begin before the pref- 
 bytery to which he belongeih, and not before the kirk felfion 
 of his own parilh. 
 
 The credit and fuccefs of the gofpel (in the way of an ordinary 
 mean) n:;ueh depending on the entire credit and reputation of niini- 
 licrs, their found doftrine and holy converfation, no Itain thereof 
 o'lghr lightly to be received, nor when it comes before a judicature" 
 ought to be negligently inquired into, or when found evident, ought 
 to be {lightly cenfured. 
 
 And bccaufe a fcandal com.mitted by a miniffer hath on thefe ac- 
 counts many aggravations, and once raifed, though it may be found 
 
 to 
 
256 Form of Process in 
 
 to be without any ground, yet it is not cafily wipt ofT; therefore a prcf- 
 bytery would exa£ily ponder by whole informafion and complaint it 
 comes firft before them, and a prefbytery is not fo far td receive the 
 information, as to proceed to the citation of- a minifter, or any way 
 bcqin the procefs, until there be firfi fome perfon, who under his hami 
 £;ives in the complaint with Ibmc account of its probability, and under- 
 takes to make out the libel. 2do. Or at lead: do, before the presbytery, 
 undertake to make it ont under the pain of being cenfured as ilander- 
 crs. Or, '^tio, That ihefc/ma claincp of the fcandal be fo great, as 
 that the presbytery for their own vindication fee them (elves neceifitate 
 to begin the procefs, without any particular accufer: but the presby- 
 tery in this cafe would be careful, firil, to inquire into the rife, occa- 
 sion, brochers, and grounds of this /r;/z^ c/vw:^/. 
 
 All Chriftians ought to be fo prudent and wary in accufing mini- 
 flers of any cenfurable fault, as that they ought neither to publifli 
 nor fpread the fame, nor accufe the miniller before the preibytery, 
 without firft acquainting the minifter himfelf if they can have accels 
 thereto, and then, if need be, fome of the moft prudent of the mini- 
 fters and elders of that preibytery, and there advice got in the affair. 
 If there Ihall be ground found to enter in a procefs againft a mi- 
 nifler, the presbytery iliould firii confider the libel, then order him 
 10 be cited, and to get a full copy, with a lifl of the witneffes names 
 to be led for proving thereof, and a formal citation in writ is to be 
 made either perfonalhy, or at his dwelling houfe, bearing a compe- 
 tent time allowed to give in anfwer to the libel, and his juft defence 
 and objections againft Vv >ine{res, at leaft ten free days before the day 
 of compearance, and the citation fliould b»ar the date when given, 
 and the names of the witncfles to the giving thereof; and the execu- 
 tion bearing its date, with the names and defignations of the witneffes 
 fhould be made in writ, and fgned by the officer and witnelfcs ; 
 which being accordingly returned, he is to be called, and if he com- 
 pear,- the libel is to. be read unto him, and he is to be enquired if 
 he has anfwers to give in to the libel, that they may be read and con- 
 (idered, in order to the difcuifing of the relevancy, and if the prei- 
 bytery find the fame, and that there is caufe to infill:, they are to en- 
 deavour to bring him to a confeffion, v.'hereby he may molt glorify 
 God ; and if he confefs, and the matter confefled be of a fcandulous 
 nature, cenfurable in ethers, fuch as the (in of uncicanncfs, or fome 
 other grols (caudal, the presbytery (whatever be the nature of his 
 pcnitency, though to the conviction of all) are injhrnh'r to de(X)fe 
 liim ah officio, and to appoint him in due time to appear before the 
 congregriiion where the fcandal was given, and in his own parilh, for 
 
 reruoving 
 
Church Judicatures. 257 
 
 removing the offence, by the public profeftlon of his repentance. 
 
 If a minifter be accufed of any fcandal, and cited to appear before 
 his own prefbytery, and do abfent himfelf by leaving the place, and 
 be contumacious, without making any relevant excufe, after a new 
 public citation and intimation made at his own church, when the con- 
 gregation is met, he is to be holden as confeded, and to be dcpoled 
 and cenfured injlanter with the lefler excommunication -, but if alter 
 fome time he do not return and fubjeft himfelf to the cenfure of the 
 church, he may be proceeded againfl till he be cenfured with the 
 greater excommunication, if the judicature fee caufe for it. 
 
 If the minifter accufed do appear and deny the fa^it after the rele- 
 vancy is found, the presbytery proceeding to probation, and to find the 
 truth of the matter, all the circumflances are to be exa<5lly canvaded, 
 and the accufed heard to obje^l: againft the wimefles. As alfo, he 
 fhould be allowed to be prcfenc at the examination, and modeflly to 
 crofs interrogate, and then the reputation of the witnelles and their 
 hability duly regarded, and the examination confidered. If after con- 
 iideration of all thefe, the judicature fhall find the fcandal fufficienily 
 proveri, they are to proceed to cenfure, as advifed in the cafe of coii- 
 fclHon. See preceding page. 
 
 If the matter laid to the minifter's charge be fuch practices as in 
 their own nature manifeuly fubvcrt that order, unity, and peace, 
 which Chrift hath eflabliflied in his church, or unfoundnefs and he- 
 terodoxy indoftrine, then great caution fliould be ufed, and the know- 
 ledge and underflanding of witnelles much looked into ; and withal, 
 if the errors be not grofs and flriking at the vitals of religion, or if 
 they be not pertinacioufly fluck unto, or induflrioufly fpread, with 
 a vifible defign to corrupt, or that the errors are not fpreading among 
 the people, then lenitives, admonitions, inftru^lions, and frequenc 
 conferences are to be tried to reclaim without cutting off, and the ad- 
 vice of other presbyteries fought ; and unlefs the thing be doing 
 much hurt, fo as it admits of no delay, the fynod or General Af- 
 fembly may be advifed with in the aflair, and the fame intimate to 
 the minider concerned. 
 
 If the libel and complaint brought againfl a minifter be a multi- 
 tude of fmaller things laid together, as leveral ads of negligence, or 
 other infuitable anions, the presbytery in proceeding therein are to 
 make a presbyterial vifitation of that pariili to which the minifter be- 
 longs ; and at the faid vifitation, are firft to fee if any of thefe things 
 now laid to the minifter's charge were committed prior to the laft 
 presbyterial vifitation of that parifh, and whether they were then laid 
 
 L 1 to 
 
258 Form of Process in 
 
 to his charge, and if" they were not, It fliould be tried how they come 
 to be laid to his chiirge now. 
 
 If the presbytery find thefe thinj^s laid to his charge to he com- 
 ir.lttcd fince the laft viGtation, or find a fatisfying realon wherefore 
 they were not then tabled, they are to inquire what diligenee hath 
 been iifed in acquainting the minifter with the offence takeji at thefe 
 things when firlt committed by him, and how fi^r the minider hath 
 been guilty of giving offence, after he knew offence to be taken. 
 
 it fl]ould likewile in this cafe be enquired, whether any of 
 the compiaincrs did fird: in a prudent private way inform any of the 
 neighbour miniflers, of fome of thefe things committed by their mi- 
 niller, who is now challenged, before thefe offences came to be fo 
 many, as to merit a public and folemn trial, and accordingly the 
 presbytery is to judge. 
 
 If the presbytery find upon trial, the complaint to refolve upon 
 the miniHer's having committed fuch acls of infirmity or palfion, as 
 confidering all the circumflanccs may be either amend-^d and the 
 people fatisfied, and no fuch offence taken, or at lealt not to remain, 
 fo as to hinder the minilter's profiting the people, and that the of- 
 fence was taken by the minifter's own people only or mainly ; then 
 the presbytery is to take all prudent ways to fatisfy and reclaim both 
 miniftcr and people, and do away the offence. 
 
 But before a minifier depofed for fcandalous carriage can 
 be reftored to the exercife of the miniftry, there /hould not only be 
 convincing evidences of a deep forrow for fin, but an eminent and 
 examplary humble walk, and edifying converfation, fo apparent and 
 convincing as hath worn out and healed the wound the fcandai gave. 
 
 Immediately on the minifter's being depofed by the prefoytery, 
 the fentence is to be intimate in his congre^aiion, the church decia- 
 red vacant, the planting thereof with another miniftcr haftened, and 
 never delayed on the expeflation of his being reponed, it being al- 
 mofl impoflible, that ever he can prove ufefui in that parifti again. 
 
 CHAP, Vlll. 
 
 Coitcerning Proceffcs in order to the Cenfiire of the gt'eater Ex- 
 
 communication, 
 
 Incc there is a diflinftipn betwixt the greater and the lefler excom- 
 munication, it feems that whatever have been the caufes of the 
 firft procefs, yet ordinarily all procelles that are in order to the great- 
 er excommunication are to be grounded on manifefl contumacy, or 
 ebftinac? continuance in fcandalous praftices j apd where tnere is no 
 
 n^^anifert 
 
Church Judicatures. 259 
 
 manifcft contun^.acy. or cominuance as aforefaid, the IcilcT excom- 
 munication needs only have place. Yet in (bme extroardinary cafoj 
 the. church, according to fcriprure warrant, hath fummarilyexcomnnuni- 
 cated perfons guilty of notour atrocious fcandalous fins, to fhevv the 
 church's abhorrence of luch vvickednefs. 
 
 Rvcn where there harh been a fcandal delated, and contumacy fol- 
 lowing by not appearing, ir would be confidered, whether any fcan- 
 dalous practice hath been proven or not; if not proven, then only 
 the fimple contumacy is to be proceeded againfl, for which it were 
 hard to go a greater length than the IcfTer excommunication. 
 
 ]f the fcandal hath been proven, and the cenfare of the 'efl^r ex- 
 commvmication intimated, as in chapter third, it feems mod reafonablc 
 that there be no farther proceedmg, unlefs the fcandal be grofs, or of 
 an heinous nature, or that it is fpreadincr and infectious, as ^n herefics 
 or fchifm in the church. Jn which cafes contomacj' is lo be preced- 
 ed 9(j;ninfi: in order to the greater excommunication. 
 
 The kirk felhon having brought the process to an intimation of the 
 cenfure of the leffer excotTimunication, before they infiicH: the fam.c, 
 they are to refer the aflair to the presbytery, bringing their whole 
 proceedings before the presbytery in write, that the presbytery may 
 thereby have a clear and full view of the whole anair. 
 
 The presbytery findmg the kirk fcffion hath orderly proceeded, 
 and that the IciTcr excommunication is not fufficient, ana that the af- 
 fair is fo v/eigbty as to oblige them to enter on the procefs, they arc 
 to caiife their officer to cite the fcandalous perfon. 
 
 If the party appear, then the presbytery is to proceed in the in- 
 cuiry at thie accufed, about the fcandal alledged and libelled, and if 
 he deny it, then they arc to proceed and lead probation as in other 
 ca(es. 
 
 But if the party appear not, butcontemm the citation, the prcn3y- 
 tcry caufeih renev/ the fame, unfil he hath got three citations, and 
 after the three citations, he is to be cited out of the pulpit : and for the 
 further convicHon of all concerned, intimation is to be made, that the 
 judicature will proceed and inquire into the preilsmptions or probation 
 of the guiir, und this is to be done although the delinquent be abfcnr. 
 
 Then the prefbytery is to order the riiiniPier of the congregr.':on 
 next Sabbath after forenoon's fermcn, to acquaint the congregation 
 v.'hat proceedings the kirk feflion firfl:, and thereafter ihe'prelbyrcry 
 liaih made in tlie affair, and how contumacious the party was, and thuC 
 t!ie prefbytery iiirended to proceed to the highcll cenfuie ; and the n;i- 
 nider is gravely to admoniih the party (if pre.'ent) to repent, and fub- 
 n.itlfimlelf to. the d)f:ip)inc of the church, thrcatningbim, if he con-f 
 
 L I ^ tinue - 
 
26o Form of Process in 
 
 jinue impenitent, that the chutch will proceed, yea, though he be ab- 
 lent, the minifter is to acquaint the people, that the church requires 
 him to repent and fubmitas above faid, under the forefaid certification. 
 
 There Hiould be three public admonitions, and a presbytery fhouid 
 intervene betwixt each admonition ; and if after all, that perfon con- 
 tinue iirjpenitent or contumacious, the fame is to be reprefcntcd to 
 the presbytery, who are thereupon to appoint public prayers thrice to 
 be made, in which the minifter is to exhort the congregation ferioufly 
 to join v/kh him in prayer, for the fcandalous, impenitent or contu- 
 macious perfon, which he is.folemnly to put up to God, humbly beg- 
 ging that he would deal with the foul of the impenitent, and convince 
 him of the evil of his ways. 
 
 Thefe public prayers of the church are to be put up three fevcral 
 Sabbath days, a presbytery (where its meeting are more frequent, once 
 a month at lead) intervening betwixt each public prayer, both to 
 fhew the church's tendernefs towards their lapfed brother, their ear- 
 neflnefs to have him reclaimed, and likevvife to create a greater regard 
 and terror of that dreadful cenfure, both in the party and in all the 
 people. 
 
 If after all, the fcandalous perfon makes no application, but con- 
 tinue impenitent, the presbytery, after prayer, is to pafs fentence, 
 and appoint a miniHer to intimate the fame, and to fhew the presby- 
 tery's refolution to proceed upon luch a Sabbatli as they fliall name, 
 for pronouncing that dreadful fentence folemnly in face of the congre- 
 gation, unlefs either the party, or fome for him, fignify fome relevant 
 i;roiind to flop their procedure. 
 
 That day being come, it were fit the minifter did preach a ferm.on 
 fuitcd to ihat folemn occafion, or at ieafi after fermon the minifter 
 Ihould fliov/ the congregation what he is going about, introducing the 
 natrativc of the procefs, with a difcourfe concerning the nature, ufe, 
 'and end of church cenRirc?, particularly that of the greater excom- 
 munication, if he hath not done it fully in his fermon. 
 
 Th,e narrating all the Itcps of the procefs in order, fhewing the 
 cliurcii's faithfiilnefs and tendernefs towards the fcandalons perfon, 
 und declaring his obllinate impenirency ; and that now, after alj other 
 means were\i(cd, there remained only that of cutting off the fcandal- 
 ons perlbn ^Vom the fociety of the faitjiful, and intimating the church's 
 \\ arrant and order to him ioto do. 
 
 And before the minilter pronounce the fentence, he is to pray, and 
 delirc all the congregation to join with him therein, that God would 
 rrant rcpentancc'io the obihnate potion, v/ould gracioufly blefs his 
 
 own 
 
Church Judicatures. 261 
 
 own ordinance, and make the cenfure effeftual, both to edify others, 
 and to be a mean to reclaim the obflinate finner. 
 
 Then after prayer, the minifter is with great gravity and authority 
 to pronounce the cenfure, fhewing his warrant from our Lord's cortl- 
 raand, and the apoftle PauFs direftion, and recapitulating the presby- 
 tery*s warrant in obedience thereunto, and refuming the fcandalous 
 and obflinate perfon's behaviour, whom he is to name ; he therefore^ 
 in the hame and authority of our Lord and Mafter Jefus Chrift, doth, 
 2^ i-erl'js de p-^fcnti^ pronounce and declare him or her excommimi- 
 Cated, and fliut out from the communion of the faithful, debarring* 
 that perfon from their privileges ; and in the words of the apoftle, de- 
 livering that perfon over to Satan ; which fcntenceis to be intimate ac- 
 cording to the 9th a£i of the Adembiy, ■armo 17O4. 
 
 If after prayer, or before the cenfure be. pronounced, the fcandal- 
 ous perfon do make any public fignificuion of his repentance, and of 
 his defirc to have the cenfure ftopt, the minifter, upon apparent feri- 
 oufnefs in the fcandalous perfon, which he fneweth to the congrega- 
 tion, may thereupon delay pronouncing the fcntence, till he report to 
 the presbytery at their next meeting, v^'ho arc then to deal with the 
 fcandalous perfon as they fhall ^n^ caufe. 
 
 After the pronunciation of this fentence, the people are to be 
 warned, that they hold* that perfon to be caflout of the communion of 
 the church, and that they Hiun all unneceilary converfe v^ith him or 
 her; neverthelefs excommunication diffolved not the bounds of civil or 
 natural relations, not exempts from the duties belonging to them. 
 
 Although it be the duty of pallors and ruling elders to ufe all dili- 
 gence and vigilance, both by doftrine and difcipline refpedtively, for 
 preventing and purging out fuch errors, herefies, fchifms> and fcandals, 
 as tend to the detriment and diflurbance of the church; yet bccaufe it 
 may fall out through the pride and ftubbornnefs of offenders, that thefe 
 means aione will not be effeftual to that purpofe, it is therefore ne- 
 cefTary after all this, to employ the aid of the civil magiftrate, vi'ho 
 ought to ufe his coercive power for the fuppreffing of all fuch ofTen- 
 cesj and vindicating the difcipline of the church from contempt. 
 
 CHAP. IX. 
 
 Concerning the Order ofprocecdmg to Ahfolutlou, 
 
 IF after excommunication the figns of repentance appear in the ex- 
 communicated perfon, fuch as godly forrovv, for having incurred 
 God's heavy dilplealure by his lin, occafioned grief to his brethren, 
 
 and 
 
26z Form of Process in 
 
 and JLiflly provoked the church to cali him out ,of their cornmunion, 
 to,;>ether with a full purpofe of heart to turb from his fin unto God 
 through Chrift, and to reform his life and converfation, with an hum- 
 ble (iefire of recovering peace with God and his people, and to he re- 
 ftored to the favour of God and li'Tht of his countenance, through the 
 blood of Jffus Chrifl:, and to the communion of the church, and the 
 preibytery, upon his application be fatisfied tlierewith, andjudgg that 
 lie pught to be abfolved, and thereupon give warrant ,for his abfolu- 
 t'ion, he is to be brought before t]:ie congregation, and there aifo to 
 make free confeflion of his fin, and forrow fork, to call upon God 
 for mercy in Chrift, to feck to be reflored to th,e communion of the 
 church, promifing to God, through grace, new obedience, and .more 
 lioly and circumfpe£l walking as becomes the gofpel ; and that this 
 appearance before the congregation be as often as church judicatures 
 fnall find may be for edification and t,ial of the profeffmg penitent's 
 finccrity ;and being fatisfied in this, then the miniilcrand congregation 
 are to praife God, who delighteth not in the death of a finner, but ra- 
 ther that he fliould repent and live; as alfo for blefling the ordinance 
 of excommunication, and making it cffeflual by his Spirit to the re- 
 covering of this offender, to magnify the mercy of God through Jefus 
 Chrift, in pardoning and receiving to his favour the mofl: grievous of- 
 fenders, whcnfoever they unfeignedly repent and forfake their fins: 
 But before tiie miaiftcr proceed to abfolutiun, he is to pray wiih the, 
 congrcgaiion to, this ct:ecl : "That the Lord Jefus Chrift, prophet, 
 " priefi, and king of his church, who, with the preaching of tiie gof- 
 " pel, hath joined the power to bind and loofe the fins of men: who 
 *' hath alfo decrared, that vvhatfoever by his minillers is bound on 
 *' earth fnall be bound in heaven, and ulfb that whatfoever is loof- 
 '* cd by the fame, fhall be loofcd and abfolved in heaven, would 
 ** mercifully accept his creature N. whom Satan of long time hatli 
 *' holdcn in bondage, fo thar he not only drew him to iniquity, but 
 *' alfo fo hardened his heart, that he defpifed all admonitions; for the 
 " which his fin and contempt, the church v^as compelled to excom- 
 *' municate him from the fociety of the faitliful •, but now feeing the 
 ", Holy Spirit by his grace hath {'o prevailed, that he is rcturncci and 
 " profefleth repentance toward God, and faith toward our Lord Jefus 
 " Chrift, that it may pleafe Ood by his fpirit and grace to make him 
 *** a fincere and unfeigned penitent, and -for the obedience of our Lord 
 " jefus Chrift unto death, {\y to accept of this poor believing and 
 "■ returning finner, that his former difobcdience be never laid to his 
 *' charge, and that he may iilcreafe in all godlinefs, fo that Satan in 
 ** the end nfay be trodden under foot by the power of our Lord jefus 
 
 •' Chrift, 
 
Church Judicatures. 263 
 
 " Chrift, and God may be glorified, the church edified, and the pe- 
 *' nitent faved in the day of the Lord." 
 
 Then ihall follow the fentence of abfolution in thefe or the like 
 words : " Whereas thou N. haft for 'thy fin been fliut out from the 
 " communion of the faithful, and hafl: now manifcfted thy repent- 
 " ance, wherein the church relteth fatisfied, I. in the name of the 
 " Lord Jefus, before this congregation, pronounce and declare thee 
 * abfolved from the fentence of excommunication formerly denoun- 
 '• ced againft thee, and do receive thee to the communion of the 
 " churcl , and the free ufe of all the ordinances of Chrift, that thou 
 " mayeft be partaker of ail his benefits to thy eternal falvation " 
 
 After this fentence of abfolution, the minilter fpeaketh to him as to 
 a brother, exhorting him to watch and pray, and comforting him as 
 there ihall be caufe • the ciders embrace, and the whole congregation 
 holdcth communion with him, as one of their own : and the abfolu- 
 tion friOuld be intimate in aii the churches where the erxommunicuti- 
 en was intimate.' 
 
 THE 
 
THE 
 
 SECOND BOOK of D IS C IPL I NE: 
 
 O R, 
 
 HEADS and CONCLUSIONS of the Policy 
 of the KIRK. 
 
 Agreed upon in the General AiTembly 1^78, inferred in the regi- 
 fters of Aflembly 1581, fworn to in the National Covenant, 
 
 • revived and ratified by the Adembly 16^8, and by many other 
 sfts of AHembly : And according to which the Cliurch-govern- 
 ment is eftabiifhedby Law, anno 1592 and 1690. 
 
 Chap, L Of the Kirk and Pollcie thereof in general^ and zvhe rein 
 it is different from the Civill Policie. 
 
 THE kirk of God fometimes is largely taken for all them that 
 profefle the evangel) of Jefus Chrilt, and fb it is a company and 
 fellowfhip not onely of the godly, but alfo of hypocrites pro- 
 felling alwayes outwardly the true religion. 
 
 Other times it is taken for the godly and elcft onely, and fome- 
 times fur them that exerci(e fpiritual function in the congregation of 
 them that profelTe the truth. 
 
 The kirke in this lall fence hath a certaine power granted by God, 
 according to the which it ufes a proper jurifdiftion and government, 
 cxercifed, to the comfort of the whole kirke. 
 
 This power ecclefiafficall is an aiithoritie granted by God the Fa- 
 ther, through the mediator Jefus Chrift, unto his kirke gathered, and 
 having the ground in the word of God to be put in execution by them, 
 unto whom the fpiritual government of the kirk by lawfull calling is 
 committed. 
 
 The policie of the kirk flowing from this power, is an order or 
 forme of fpirituall government, which is exercifed by the members an- 
 poynted thereto by the word of God : and therefore is given immedi- 
 ately to the office-bearers, by whom it is exercifed to the weale of the 
 whole bod}?? 
 
 This power is diverfly ufed : for fbmetime it is feverally exercif- 
 ed, chiefly by the teachers, fometimc cdnjunclly by mutuali confent 
 
 of 
 
Thr Second Book, &c. 265- 
 
 of diem that bcarc the office and charge, after the forme of judge- 
 ment. The former is onely c^Wed ^oL'Jl as oniinis^ and the other ;^'5- 
 tejhr .jiirifdittionis. 
 
 Thefe two kinds of power have boih one authority, one ground, 
 one final! caufe, but are different in the manner, and forme of exe- 
 cution, as is evident by the fpeaking of our niafter in the XVI and 
 
 This power and poUicie ecclefiafticall, is difTcrcnt and diflincl in the 
 own nature from that power and policie which is called civil 1 power^ 
 and appertaineth to the civill government of the commonweahh : al- 
 biet they be both of God, and tend to one end, if they be rigr.riy u- 
 fed, viz, to advance the glory of God, and to have godly and good 
 fubie<5ts 
 
 For this povi'er ecclefiafticall floweth immediately from God, and 
 the Mediator Jefus Chriil:, and is fpirituall, not having a temporal 
 head in the earth, but oncly Chriii, the onely fpirituall king and go"-*- 
 vernour of his kirk. 
 
 it is a titlefal/ly ufurpedbyAntichrift^to call himfelfe head of the kirk, 
 and ought not to be attributed to Angel, nor man, of what eflate thnt 
 ever he be, faving to Chriti the onely head and monarch in the kirk. 
 
 Therefore this power znd policie of the kirk fiiould Icane upon the 
 word immediately, as the only ground thereof, and fiiould be taken 
 from the pure fountains of the icriptures, the kirk hearing the voyce 
 of Chriif: the cnely fpirituall king, and being ruleJ by his lawes. 
 
 It is proper kings, princes and magiffratcs, to be called Lords, 
 and dominators over their fubjcffts whom they govern civilly, but it is 
 proper to Chrift onely to be called Lord arid mailer in the fpirituall 
 government of the. kirk, and all others that beare oflice therein, ought 
 not to ufurp dominion therein, nor be called Lords, but onely nnni- 
 flers, difciples, and fervants. For it is Chrill's proper ofrice to com- 
 mand and rule his kirk univerfally, and every particular kirk through 
 his fpirit and word, by the miniflry of men. 
 
 Notwidiilanding, as the miniflers and others of the ccclefiafiicall 
 eflate are fabjc^ ro the magiltrate civill, lo ought the perfon of the 
 magiftrate be iubjefl: to the kirk fpiritually, and in ecclenafticali go- 
 vernment. And the cxercife of both thefe jurildi6tions cannot lland 
 in one perfon ordinarie. 
 
 The civill power is called the pov/er of the fword, and the other 
 the power of tiie kcycs. 
 
 1 he civill power liiouid command the fj'irituaJ to exercife, and to 
 exercife, and to doe their office according to the word of God ; the 
 fpirivuall rulers fiiould require the Cnriflian magifirare tp mini Iter juft- 
 ice, and punifl) vice, and to maintaine the Jibcrtie :jnd<]uictnefs of the 
 kirk v/iihin their bounds. 
 
 M m This 
 
266 The Second Book 
 
 The magiftratccommandetli externall things for externall peace and 
 quietr.efTe amongft the fubjec^s : the minifter handleth externall things 
 oncly for confcience caufe. 
 
 The magillrate handleth externall things onely, and a^iions done 
 before men, but the fpirituall ruler judgeth both inward affections, and 
 externall aftlons in refpc(5l of confcience by the word of God. 
 
 The civill magiftrate craves and gets obedience by the fword, and 
 other externall meanes, but the miniitrie, by the fpirituall f»)vord, and 
 fpirituall mcanes. 
 
 The magiftrate neither ought to preach, minifter the facraments, 
 nor execute the cenfi.ires of the kirk, nor yet prefcribe any rule how 
 it lliould be done, but command the minifters to obferve the rule com- 
 manded in the word, and puniili the tranfgreflbrs by civill nieanes. 
 The minifters exerce not the civiil juri(di6tion, but teach the magi- 
 flrate, how it flTould be exercifed according to the word. 
 
 The magiftrate ought to aflift, maintaine and fortifie the jurifdifti- 
 cn of the kirk. The minifters fhould alfift their princes in all things 
 agreeable to tiie word, providing t!iey ncglcdt not their own charge by 
 involving themfelves in civill affaires. 
 
 Finally, as minifters are fiibjeCi: to the judgement and punifhment 
 of the magiftrate in externall things, if they olTend : fo ought the ma- 
 giftratcs to fubmit themfelves to the difcipline of the kirk, if they 
 tranfgreffe in matters of confcience and religion. 
 
 Chap. II. Of the Policie of the Kirk^ and Perfjns and Oj^ce-bear- 
 ers to xvhoiii the ^^dinhiijlration is cojuniitted. 
 
 j\ ^ '^^ ^^^ civill policie the whole commonwealth confifleth in them 
 -^ -*- that are governors, or magidrates, and them that are governed, 
 or fubjeCls. So in the policie of the kirk fome are appointed to be 
 rulers, and the refl of the members thereof to be ruled, and obey ac- 
 cording to the v/ord of God, and infpiration of his fpirit, alwayes un- 
 der one head and chiefe governour, jefus Chrift. 
 
 Againe, the whole policie of the kirk confifleth in three things, ia 
 doctrine, difcipline, and diftribution. With doftrine is annexed the 
 adminiftration of facraments : and according to the parts of this divi- 
 flon, arifeth a fort of threefold officers in the kirk, to wit, of mini- 
 fters preachers, elders governours, and deacons deflributers. And 
 all thefe may be called by a genera 11 word, niinifters of the kirk. 
 For albiet the kirk of God be ruled and governed by Jefus Chrift, who 
 is the onely king, high pricft, and head thereof, yet he ufeth the mi- 
 nistry of men, as the moll neccflary middes for this purpofc. 
 
 For io hee hath from time to time, before the law, under the law. 
 
OF Discipline. 267 
 
 and in the time of the Evangell, for our great comforr, raifed up men 
 indued with the gifts of the fpirit, for the fpirituall governmeut of his 
 kirk, exercifing by themh is own power, through his fpirit and word, 
 to the building of the fame. 
 
 And to take away all occafion of tyranny, bee will that they fliouU 
 rule with mutuall confent of brether, and cequalitie of pawer, every 
 one according to their functions. 
 
 In the New Tcnament, and time of the Evangell, hee liath ufeJ 
 the miniflery of the apoftles, prophets, evangel ifts, paflors, and doc- 
 toi-s in adminifbation of the difcipline ; the deaconfliip to have the cure 
 of the eclefiafticall goods. 
 
 Some of their ecclefiafticall fun£^":ons are ordinarie, and fome ex- 
 traordinary or temporarie. 7 here be three extraordinary functions; 
 the office of the apoltlc, the evangelift, and of the prophet, which 
 are not perpetual!, and now have ceafei^ in the kirk of God, except 
 when it pleafed God extraordinarily for a time to fiirre fome of them 
 up againe. 
 
 There are foure ordinarie fuiaf^ions or offices in the kirke of God, 
 the office of the pafior^ minificr or bifliop, the doftor, preft>y ter or 
 elder, and the deacon. 
 
 Thir offices are ordinarie, and ought to continue perpetually in the 
 kirk, as necedarie for the government and policie thereof, and no moc 
 offices ought to be received or fulTcred in the kirk of God, efiablifhed 
 according to his word. 
 
 Therefore all the ambitious titles invented in the kingdome of An- 
 tichriff, and in his ufurped hierarchic, which are not of one of thefe 
 foure forts, together with the offices depending thereupon, in one 
 word ought to be rejeiled. 
 
 Chap. HI, f{oiv the Per fjju that hcare ecckfiajlicai FimHions are 
 
 to bee adni!tted to their Ojjice . 
 
 Vocation or calling is common to all that ffiould beare office with- 
 in the kirk, which is a lawfull way, by the which qualified per- 
 fons are promoted to any fpirituall office within the kirk of God, 
 
 Without this lawful calling it was never jeafbme to any perfon to 
 meddle with any f ^nfiion ccclcfiadicall. 
 
 There are two forts of calling, oneextraordinarie by God immedi- 
 ately, as was of the prophets and apoltles, which in kirks eltabliffied. 
 and well alreadie reformed hath no place. 
 
 The other calling is ordinarie, which, befides the calling of God, 
 and inward teRimony of a good confcicncCj is the lawfull approbation, 
 
 M m ^ and 
 
2 68 The Second Book 
 
 and outward judgement of men, according to God's word, and order 
 eilabli filed in his kirk. 
 
 None ouglu to 'f.rcfiime to enter in any office ecclefiaflicall without 
 this good tcitimony bcfoie G(k1, who onely knows the he;irts of men. 
 
 This ordinary and outward cnll'ng hath two parts, election and or- 
 dination. F-ic(ftion is the chofing out of a perfon, or pcrfons, mofi: a- 
 b!c, to the ofn:e that vnkcs, by the judgement of the elderfliip, an4 
 confcnt of the congregation, to which Ihail be tlie perfon, or pcrfons 
 appointed. 
 
 The qualiiics in gcnerall reqifiHte in all them, who fhould beare 
 charge in the kirk, confill in foundnelTe of rei:r,ion, and godlincfle of 
 life, according as they are fufficienrly let forth in the word. 
 
 h^ the order ofeicftion it is to be efchewed, that any perfon be in- 
 trukd in any offices of the kirk, contrary to the will of the congrega- 
 tion to which they are appointed, or witiiout the voice oi the eldcrihip. 
 
 None ought to be intiufcd, or placed in the places already plant- 
 ed, or in any roome tlsat vakes not, for any wordiy refpeff : and 
 that which is called the benefice ought to be nothing elfe, but the 
 uij,>cnd of the mirjifrers that are lawfully called. 
 
 Ordination is the feparation and fanflifying of hhc perfon appointed' 
 to Gcd and his kirk, afer he be well tryed and found ijualified. 
 
 The ceren^.onics of ordination are falling, earneli prayer, and im- 
 pofition of hands of the eldcrihip. 
 
 All ihir, as they mull be railed up by God, and by him made ablq 
 for the' w(Tk ' hereto they are called, (b ought they know their mel- 
 il'.pe lo be limited v\ ithin God's word, without the bounds of tl.c which 
 they ought not to pafTe 
 
 Ail thir fliould take thefe tirlcs and names oncly (Icif they be cx- 
 ?hed 'nd puft up i;i themfelves) which the fcriptures gives unco ihcm, 
 V.-' t!;efc which impcrt labour, iravell and work, and are names of of- 
 fices nr.d fervicc, ;-nd not of idienefle, dignity, worldly honour or pre- 
 henuMcncc, which by Chrift our mafler is exprelly reproved and Ibr- 
 biiiJcn. 
 
 All thcfe office bearers fliould have their own particular flocks, a- 
 monga vvhi>m they cxercifc their charge. 
 
 .-^-U Oiould make vefidence with them, and tr.ke the infpeftion and 
 ovcriJght of ti>rm, every one in iiis voc.uion. 
 
 * A;:J generally thir twa tilings ought tliey all to re:'"pc61:: the glorie 
 of (lodj and edifying of hi^: kirk, m discharging their duties in their 
 ealliiJi^. 
 
OF Discipline. ^69 
 
 Chap. IV. Of the Ojjize-hearers tn ■particulars and fir jl of the Paf- 
 
 iors or Miniflers. 
 
 lAflors, bifliops, or minifters, are they who are appointed to par- 
 ticular congregations, which they rule by the word of God, and 
 over the which they watch. In refpeft whereof, fometiine they are 
 called paitors, becaufe rlie5' feed their congregation; fometime t-'pif- 
 C'jf:^ or bifhops, becaufe they watch above their flock; fometimes 
 rniniileis, by reafon of their fervice and office, and fometimes alfo 
 prcfnyters or Icniors, for the gravity in manners which they ought to 
 have in taking care of the fpirituall government, which ought to be 
 mod deare unto them. 
 
 They that are called unto the miniderie, or that offer themfelves 
 tliereunto, ought not to be elected without any certain flock be align- 
 ed unto them. 
 
 No w.s^w ouglit to ingyre liimfelfe, or ufurpe this office without 
 lawfull calling. 
 
 i hey who are once called by God, and duely ele^ed by man, af- 
 ter that they have once accepted the charge of the minilierie, may not 
 leave ihcir fun£iions. 
 
 The deferrours iliould be admonillied, and in cafe of obflinacie fi- 
 nally ■"'xommunicatc. 
 
 b'O pafcor may leave his flock without licence of the provinciall, or 
 mtional! AlTembiy, which it he doe, after admonitions nut obeyed, -let 
 the ceil fu res of the kirk drick upon him. 
 
 Vnto the pad'irsapperteines tCcching of the word of God, in feafon 
 and out of feafon, publickly and privately, always trauelling to edifie, 
 and difcharge his confcience, as God's word prefcr'bes to him 
 
 Vnto the pallors oncly apperteines the adininiflration of the ficra- 
 mentG, in like manner as the adminillration of the word : for both are 
 appointed by God, as mcunes to teach us, the one by the eare, and 
 the other by the eyes, and other fcnfes, that by both, knowledge 
 may be transierred to the mindc. 
 
 It appcrraines by the lame reafon to the pallor to pray for the peo- 
 ple, and namely, ^o\- the flock committed to his charge, and to bielle 
 them in the name of the Lord, who v/ill not fuffer the bleflings of 
 his fairhruil fervants to be frudrate. 
 
 fje oi'ght alfo to watch above ihe manners of his flock, that the 
 beirc.- he \\\\\y apply the dof^rine to tixm in reprehending the d;rib-» 
 I lie pcrfoii'-;, and exhorting the godly to continue in the feare of the 
 Lord; 
 
 \\ apperteipcs tQ the qiinifter, after lawfull proceeding by the elder- 
 
27© The Second Book 
 
 fhip, to pronounce the fentence of binding and looGng upon any per- 
 fon, according unto the pov.'cr of the keyes granted unto the kiik. 
 
 It belongs to him likev/ife, after lawfull proceeding in the matter 
 by the elderfhip, to folemnizate marringe betwixt them that are to be 
 ^yned therein, and to pronounce theblefling of the Lord upon them, 
 that enter in at that holy band in the feare of God. 
 
 And generally ail publick denunciations that are to be made in the 
 kirk before the congreg-^tion concerning th6 ecclefiafticall affaires be- 
 longing to the office of a minifter : for he is as meiTenger and herauld 
 betwixt God and the people in all thefe affaires. 
 
 Chap. V. Of Dociors^ and their Office^ and of the Schoclcs. 
 
 ^NEof the two ordinary and perpetuall funftions that travell in 
 the word, is the office of the doftor, who may bee alfo called 
 prophet, bifliop, elder, catechifer, that is, teacher of the catechifme, 
 and rudiments of religion. 
 
 His office is to open up the mindc of the fpirit of God in the fcrip- 
 tures fimply, without fuch applications as the minifters ufe, to the end 
 that the faithfull may be inOrufted, and found doftrinc taught, &thnt 
 the purity of the gofpell benot corrupted through ignorance, or evill 
 opinions. 
 
 Hee is different from the paflor, not onely in name, but in diver- 
 fity of gifts. For to thedo^or is given the word of knowledge, to o- 
 pcn up by fimple teaching the myfteries of faith, to the paftor the gift 
 of wifedome, to apply the fame by exhortation to the manners of the 
 flock, as (xrcafion craveth. 
 
 Under the name and office of a do<51or wee comprehend alfo the or- 
 der in fchooles, colledges, and univerfities, which harh been from time 
 to time carefully maintained, as well among the Jewes and ChriQians, 
 as alfo among the prophane natioiis. 
 
 The do£ior being an elder, as faid is, fliould affifl: the paOor in 
 the government of the kirk, and concurre with the elders his breth- 
 ren in all afTemblies; by reafon the interpretation of the word, which 
 is onely judge in ecclefiafticall matters, is committed to his charge. 
 
 But to preach unto the people, to miniiler the facraments, and to 
 .celebrate mariages, perteine not to the doctor, unlelTc he be other- 
 wife calle.! ordinarily : ho a beit the paftor may teach in the fchooles, 
 as he who hath the gift of knowledge, oftentimes mtet for that end, 
 as the examples oi Polycar^us^ and others tcftifie; &c. 
 
 Chap, 
 
Of Discipline. 271 
 
 ■ Chap. VI. OfEhkrs, and their Office, 
 
 THE word elder in the fcripture, fometime is the name of age, 
 fometime of office, ^hen it is the name of any office, fomfc 
 time it is taken largely, comprehending as well the paftors and doctors, 
 as them who are called feniors or elders. 
 
 In this our divifion, we call thefe elders, whom the Apoftles call 
 prefidents or governours. Their office as it is ordinary, lo is it per- 
 petuall and alwaies necelTarie in the kirk of God. The elderlhip is 
 a fpirituall function, as is the minifterie. 
 
 Eldersonce lawfully called to the office, and having gifts from God 
 meet to exercife the fame, may not leave it again. Albeit fuch an 
 number of elders may be chofen in certaine congregations, that one 
 part of them may relieve another for a reafonable fpace, as was among 
 the Levites under the law in ferving of the temple. 
 
 The number of the elders in every congregation cannot well be li- 
 mited, but Ihould be according to the bounds and neceffirie of the 
 people. 
 
 It is not necefTarie that all elders be alfo teachers of the word, albeit 
 the chiefe ought to be fuch, and fwa are worthie of double honour. 
 
 What manner of perfons they ought to be, we referre it to the 
 €xpre{Ie word, and namely the canons written by the Apoftle Paul, 
 
 Their office is as well feverally, as conjunftly, to watch diligent- 
 ly upon the flock committed to their [charge, both publickJy, and 
 privately, that no corruption of religion, or manners, enter therein. 
 
 As the pafrors and doctors ihould be diligent in teaching and \^ow- 
 ing the feed of the word, fo the elders ihould be careful in feekino- 
 the fruit of the fame in the people. 
 
 It appertaines to them to aifill the paftor in examination of them 
 that come to the Lord's Table : item, in vifiting the fick. 
 
 They Ihould caufe the a«5ts of the AfTemblies, as well particular 
 as generall, to be put in execution carefully, 
 
 i hey iliould be diligent in admonilhing all men of their dutie ac- 
 cording to the rule of the Evangell. 
 
 Thini^s that they cannot corre*^ by private admonitions they ihould 
 biing to the elderfhip. 
 
 Their principall office is to hold aflemblies with the paftors and doc- 
 tors who are alfo of their number, for efiabliffiing of good order and 
 execution of difcipline, unto the which alfemblies all perfones are fub- 
 jecl that remaine within thi^ir bojnds. 
 
 Chap, 
 
i^i The Second Book 
 
 Chap. VII. Oftleillicrpips^ Jpmblies^ and Difcif line. 
 
 ELderfllips and ademblies are comTnonly confiitute of paftofs, doc- 
 tors, and Tiich as we commonly call elders, that labour not in 
 the word and do£t:iine> of whom, and of whofe feverall power, hath 
 bene fpoken, 
 
 AlTlmblics are of foure forts. For either are they of particular 
 kirk:: and congregations anc or moe, or of a province, or of a whole 
 nation, &r of all and divers nations profeding one Jefus Chrirt. 
 
 Ail tne ecciefialticall aifemblieshave power to convene lawfully to- 
 gether for treating of things concerning the kirk, and perteining to their 
 charge. 
 
 They have power to appoint times, and places to that effect, and at 
 one meeting to appoint the dyet, time and place for another. 
 
 In allallemblies an moderator fbouid be cholen by common con- 
 fent of the whole brethren convened, who fliouid propone matters, 
 gather the votes, and caufe good order to be kept in the aOembli^s. 
 
 Diligence fliould be taken, chiefly by the moderator, that onely 
 ecclefiafticall things be handled in the aiJemblies, and that there be no 
 medling with any thing perteining to the civill jurifdiftion. 
 
 Every ailembly hath power to fend forth from them of their own 
 number, ane or moe visitors to fee how all things be ruled in the 
 bounds of their jurifdidion. 
 
 Vifitation of mot kirks is no ordinary office ecclefiaftick in the per- 
 fon of one man, ndther may the oame of a bifhop be attribute to tiie 
 vifitor onely, neither it is neceilary to abide alvvaies in one rhan's per- 
 fon, but it is the part of the eiderlhip to fend out qualified perfons to 
 vifit pro re nata . 
 
 The finail end of Ailemblies is firft to keep th6 religion and doc- 
 trine in puritie, without error and corruption. Next, to keep ecume- 
 linefTe and good order in the kirk. 
 
 For this orders caufe, tiiey may make certaihe rules and cohftitu- 
 tions appertaining to the goood behaviours of all the members of the 
 kiik In their vocation. 
 
 They have power alfo to abrogate and abolifh all flaturcs and or- 
 dinances concerning eccleflaftical matters, th-it are found noyfome and 
 unprofitable, and agree not with the time, or areabufed by the people. 
 
 They have power to execute ecclefiailical difcipline and'punilh- 
 ment upon all tranfgrcflbrs, and proud contemners of the good order 
 and policie of the kirkc, and fo -the whole difcipline is in their hands. 
 
 The firft kinde and .fort of aflemblies, although they be within par- 
 ticular congregations, yet they cxcrce the power, authoritie and ju- J 
 
 riidii^tion ! 
 
OF Discipline. 275 
 
 fifdl^ion of the kirk with mutuall confent, and therefore bearefome- 
 time I he name of the kirk. 
 
 When we ("peake of the elders of the particular congregations, we 
 mean not that every particular parifh kirk can, or may have thtir own 
 particular eldcrfliips, fpecially in landward, but wee think three, four, 
 nice or fewer particular kirks, may have one elderfliip common to 
 them all, to judge their ecclenafticail caufes. 
 
 Yet this is meet, that Tome of the elders be chofcn cur of every 
 particular congregation, to concurre with the refl: of their brethren in 
 the common aflembly, and to take up the delations of offences within 
 their owne kirks, and bring them to the ailembly. 
 
 This we gather of the practife of the primitive kirk, where elders 
 or colledgts of feniors were conftitute in cities and fiimous places. 
 
 The power of their particular eldcrfliips is to ufcdiligent labours in 
 the bounds committed to their charge, that the kirks be kept in good 
 order, to inquire diligently in naughtie and unruly perfons, and travel I 
 to bring them in the way againe, either by admonition or threatning of 
 God's judgements; or by correaion. 
 
 It pertaines to the elderfhfp to rake heed, that the word of God be 
 purely preached within their bound?, the f^cramenrs rightly minillred, 
 the difcipline rightly maintained, and the eccleiiadicall goods unccr- 
 ruptly diflributed. It belongs to this kinde of afiembly, to caufc the 
 ordinances made by the ademblies provinciall, narionali, and gcnerall, 
 to be kept, and put in execution. 
 
 To make conllitutions which concerne rc^firov in the kirk, for the 
 decent order of tbefe particular kirks, where they governe : providing 
 they alter no rules m?.de by the genercdl, or provinciaJl aflemblies, 
 and that they make the provincial] ailemblies forefeen of thefe rules 
 that theyfhall make, and abolifhthem that tend tothe liurtof thcfamc. 
 
 It hath power to excommunxate tne obftinate. 
 
 The power of el(?^ftion of them who beare ecclcfiaflicali charges 
 pcrraines to this kind of AiTembly within their owne bounds,bcingwell 
 ererted.and conftitute of many ])aftors,and elders of flifticient abilitie. 
 
 by the like reafon their de|H)»ition alfo pertaines to this kinde of af- 
 fembly, as of them that teach erronioustind corrupt do<^rine, that be 
 of ilanderous life, and after admonition defift not, that be given to 
 fchiime, or rebellion againft tlie kirke, manifcll: blafphemy, fimonie, 
 corruption of bribes, faJfhood, pc.jurie, whoordome, theft, drunk- 
 enneiTe, fighting worthy of puniiliment by the law, ufuric, dauncing, 
 infamie, and all others, that deierve feparation from the kirk. 
 
 Thefe alfo who are altogether found unfufficicnt to execute their 
 charge fhould be depofed, whereof other kirkS would be advertifed, 
 fhar they receive not the perfons depofed. 
 
 N n jet 
 
274 The Second Book 
 
 Yet they onp;ht not to be depofed, who, through age, ndcnede, or 
 other accidents, becci.e unmeet to do their office, in which cafe their 
 hon ur fliould remain to them, their kirk fhould maintaine them; and 
 otiicrs ou^lu to be provided to doe their office. 
 
 Provinciall aHemblies wee call lawful! conventions of the paflors, 
 do£lors, and other elders of a province, gathered for the common af- 
 faires of the kirkes thereof, which alfb may bee called the conference 
 of the kirk and brethren. 
 
 ; hir aifeniblies are inffitutc for weightie matters to be intreatcd by 
 nvLiruall coiifcnt and affiftance of the brethren within that province, as 
 need re<.[uires, 
 
 l his aHembly hath power to handle, order, and redreffe all things 
 committed or done amiiTe in the {articular arTemblies. 
 
 it harh po^cr to depofe the office-bearers of that province for good 
 and jll caufes deferving deprivation. 
 
 And 2;cnerally thir alfemblies have the whole power of the {-articu- 
 lar elderiliips whereof they are collefted. 
 
 The nntionail adembiy, which is generall to us, is a lawfull con- 
 yencion of the - hole kirks of the realm or nation \vhere it is ufed and 
 gathered fur tlie common affaires of the kirk, and may be called the 
 generall elderfnip of the whole kirks in the realme. Noneare fubje^ 
 to repaire to this alTembly to vote but ecclefiafticall perfons, to fuch a 
 nuinbcr a>, iliall be thought good by the fame aOemblie, not excluding 
 other perfons that will repaire to the faid alfembj^' to propone, heare, 
 and reafon. 
 
 Thisalfemblieis inftitute, that all things either committed, or done 
 amide in the provinciall adt^mblies may be redrefied and handled, and 
 things generally fcrving for the weale of the whole bodie of the kirk 
 within the reahne may be forefeen, and fet forth to God's glorie. 
 
 it ihoiild take care, that kirks be plaqted in places where they are 
 nor planted 
 
 h fhould prefcribe the rule how the other two kinds cf afTcmblies 
 fliould proceed in all things 
 
 This afTcmbly fhould take heed, that the fpirituall jurifdiifiion, and 
 civill, be not confounded to the hurt of the kirk •' that the patrimonie 
 of the kirk be not confumed, nor abufed ; and generally concerning 
 all weighty u^Taires that concerne the weale and good order of the 
 whole ;• irks of the realm, it ought tointerpone authoritie thereto. 
 
 There is befidcs thefe, an other more generall kinde of aflemblie, 
 which is of all nat.ops, and all the eflates of perfons within the kirk, re- 
 preienring the univcrfall kirk of Chrifl, which may be called proper- 
 ly the gmcrall airembly, or generall councell of the kirk of God. 
 
 I'licfc afTcmblips were appointed ^i^d galled together fpecially, 
 
 Wheui 
 
OF Discipline 275 
 
 when any great fchifine or controverfie in doftrlne did arife in the 
 kirk, and were convocatc at command of godly emperours being for 
 the time, for avoiding of fchifmes within the univerfall kirk of God, 
 which, becanfe the perteine not to the particular eltate of any realme, 
 we ceafe further to Ipeake of them. 
 
 Chap. VIII. Of the Deacons and their office , the lajl ordinary func- 
 tion in the Kirk. 
 
 THF. word AiaKovof fometimes is largely taken, comprehending all 
 them that beare office in the miniiterie, and fpirituall funftioa 
 in the kirk 
 
 But now, as we fpeake, it is taken onely for them unto whom 
 the colledhon and diftributionof the almes of the faithfull and cccle- 
 fiadicall goods doth belong. 
 
 The office of the deacons To taken, is an ordinarie and perperuall 
 ecclefiadicall function in the kirk of Chrilh 
 
 Of what properties and duties he ought- to be that is called to this 
 fun£i:ion, we remit it to the manifefl: fcriptures. 
 
 The deacon ought to be called and elefted, a«? the refl of the fpiri- 
 tuall officers, of the which election was fpoken before. 
 
 Their office and power is to receive, and to diflribute the whole 
 ecclefiadicall goods unto them to whom they are appointed 
 
 This they ought to doe according to the judgement, and appoint- 
 ment of the prefl^yteries, or elderfliips (of the which the deacons are 
 not) that the patrimony of the kirk and poore be not convei ted to 
 private mens ufes, nor wrongfully diflribute. 
 
 Chap. IX. Of the fatrimonie of the Kirk^ and d'frilution thereof . 
 
 Y the patrimonie of the kirk, we meane whatlbever thing hath 
 _ been at any time before, or fliall be in times coming given, or by 
 confent and univerfall cuflome of the countries protfeOlng the Chridiaii 
 religion applycd to the publique ufe and uiilitie of the kirk. 
 
 ^o that under the patrimonie we comprehend all things given, or to 
 be given to the kirk and fervicd of God, as lands, biggings, podclTi- 
 ons, annuelrents, and all fuch like, wherewith the kirk is doted, ei- 
 ther by donations, foundations, mortifications, or any other lawfull 
 titles of kings, princes, or any perfons inferiour to them, together 
 with the continual! oblations of the faithfull. 
 
 We comprehend alio all fuch things, as by lawes or cuflome, or 
 ufe of countries, have been applyed to the ufc and utility of the kirk, 
 of the which fort are t«;nds, manfes, gleibs, and fuch like, which 
 
 N n 2 by 
 
276 The Second Book 
 
 by common and raunicipall lawes and univerfall cuftomc are poflcfTecl 
 by the kirk. 
 
 To take any of this patrimonie by unlawfull mcanes, and convert 
 it to the particular and profane ufe of any perfbn, we hold it a de- 
 tcitab'e facrilcdgc before God. 
 
 The goods ccclefialticall ought to be collefted, and diflributed by 
 the deacons, as the word of God appoints, iliat they who beare office 
 in the kirk be provided for without care or folicitude. ' 
 
 In the apofiolicall kirk, the deacons were appointed to collecfb and 
 ditlribute what fiimmc foevcr was colleflcd of the faithful, to diftri- 
 bute unto the ncccihtic of the faints, (o that none lacked atnongft the 
 faithfull. 
 
 Thefe collefiions were not onely of that which wai colie61cd in 
 manner ofaimes, as fomc fuppofe, but of other goods, moveable, 
 and unmovcable, of lands and poflcffions, the price whereof wa$ 
 brought to the feet of the apofLles. 
 
 This oiYiCc continued in the deacons hands, who intrometted with 
 the- whole goods of the kirk, ay and while the efbte thereof was cor- 
 iijpted by Antichrifi, as the antient canons beare witnefle. 
 
 The fame canons make mention of a fourefold diftribution of the pa- 
 trimonie of the kirk, whereof one part was applyed to the paftor or 
 bifhop for his fuflentation and hofpitality ; another to the elders and 
 deacons, and all the clergie; the third to the poore, fick perfons and 
 firangers; the fourth to the upholding other affaires of the kirk, fpe- 
 cially extraordinary. 
 
 We aJd hereunto the fchooles and fchoolemafters alfo, which ought 
 and may be well fufleined of the fame goods, and are comprehended 
 under theclergie. To whom we joyn alfo clerks of alTembiies, as 
 well particular asgenerall, fyndicks or procutors of the kirk afTaircs, 
 takers up of the pfalmes, and fuch like other ordinary officers of the 
 kirk, fo farre as they are neceflary. 
 
 Chap. X. Of the OJJice of a Chrijlian Magifrate in the kirk. 
 
 ALthough all the members of the kirk be holden every one in their 
 vocation, and according thereto, to advance tlie kingdom of 
 Jefus Chrift, f> far as lyetli in their power, yet chiefly Chriftian 
 princes, and other magiftratcs, are holden to doe the lame. 
 
 For they are called in the fcripture nourifhcrs of the k'rk, for fo 
 
 much as by them it is, or at lead ought to be maintained, fbft-ered, 
 
 iipliolden, and defended againll: all that would procure the hurt thereof. 
 
 So it pcrteines to the ofiice of a Chriftian magiflrate, tu affifl and 
 
 fortific the godly proceedings of the kirk in all bchalfes ; and namely 
 
 to 
 
OF Discipline 277 
 
 to fee that the pubhque eftafeand minifterie thereof be maintained and 
 fufteined, as ic appertaines, according to God's word. 
 
 To fee that the kirk be not invaded, nor hurt by falfe teachers 
 and hirelings, nor the roomes thereof" be occupied by dumb doggs, 
 or idle bellies. 
 
 To affilt and maintaine the difcipline of the kirk, and punifh them 
 civilly, that will not obey the cenfure of the fame, without con*- 
 fbunding alwaies the one jurifdiiflion with the other. 
 
 To (ee that fufficient provilion be made for the miniflerie, the 
 fchooles, and the poore : and if they have not fufficient to awaite u- 
 pon tiieir cliarges, to fupply their indigence even with their own rents, 
 if need require. 
 
 To hold hand as well to the faving of their perfons from injurie 
 and open violence, as to their rents and poirelfions, that they be not 
 defrauded, robbed, nor fpoiled thereof. 
 
 Not to fufTer the patrimony of the kirk to be applyed ro profme 
 and un'awfull ufes, or be devoured by idle bellies, and fuch as have 
 no lawfull fun^^ion in the kirk, to the hurt of the miniRery, fchooles, 
 poore, and other godly ufes, whereupon the fame ought to be be- 
 fiov/ed. 
 
 To make laws and conditutions agreable to God's word, for ad- 
 vancement of the kirk, and policie thereof, without ufurping any thing 
 that perteins not to the civil fword, but belongs to the offices that arc 
 meerly ecclefiafticail, as is the miniflerie of the word and facraments, 
 ufing ecclefiaflicall difcipline, and the fpirituall execution thereof, or 
 any part of the power of the fpirituall keyes, which our mafter gave 
 to the apoflles, and their true fucceflburs. 
 
 And aitho'-igh kings and princes that be godly, fome times by their 
 own authority, when the kirk is corrupted and all things out of or- 
 der, place minifters and reftore the true fervicc of the Lord, after the 
 example of fbme godly kings of luda, and divers godly emperours, 
 and kings alfo in the light of the New Teihmcnt; yet where the mi- 
 niflerie of the kirk is once lawfully conilitute, and they that arc 
 placed doe their office faithfully, all godly .princes and magiftrates 
 ou'T;ht to heare, and obey their voice, and reverence the nuijeilic of 
 the Son of God fpeaking in them. 
 
 Chap. XL Of the pref-nt abiips remainiKg in the Kirk^ luhich "j/e 
 lie (ire to he reformed. 
 
 S it is the duty of the godly magiftratc to maintain the prefcnt li- 
 berty, which God hath granted by the pleaching of his word, 
 and the true admiiiiflraiion of the facramenis within this realm : fo is 
 
 It 
 
278 The Second Book 
 
 it to provide, that all abufes which yet remaine in the kirk, be remo- 
 ved, and utterly taken away. | 
 
 Therefore firft the admiflion of men to papifticall titles of benefi- 
 ces, fuch as ferve not, nor have no funftion in the ref(jrmed kirk of , 
 Chrift, as abbotes, commendators, priors, prioredes, and other titles ' 
 of Abbeyes, whofe places are now for the moll part bv the juft judge- 
 ment of God jdemolifhed, and purged of idolatry, is plaine abufe, and 
 is not to receive the kingdom of Chrift amongft us, but rnther to refufe it. 
 Such like that they that of old were called the chapiters and con- 
 vents of Abbeyes, cathedral 1 kirks, and like places, ferve for nothing 
 now, but to (et fewes and tacks, if any thing be left of the kirk lands 
 and teinds, in hurt and prejudice thereof, as daily experience teach-- 
 eth, and therefore ought to be utterly abrogate and aboliflied. 
 
 Of the like nature are the deanes, archdeacones, chantours, f ib- 
 chantours, thefaurers, chancellors, and others having the like titles 
 flowing from the pope and canon law onely, who have no place in the 
 reformed kirk. 
 
 T he kirks alfb which are united together, and joyned by annexa- 
 tion to their benefices, ought to be feparated and divided, and given 
 to qualified minifters, as God's word craves. 
 
 Neither ought fuch abufers of the kirks patrimony to have vote in 
 parliament, nor fit in councell under the name of the kirk and kirk- 
 men, to the hurt and prejudice of the liberty thereof, and lawes of the 
 realm made in favour ot the reformed kirk. 
 
 Much lefTc is it lawful 1, that any perfon amongft thefe men fhould 
 have five, fixteen, twenty or moe kirks, all craving the charge of 
 foules, and bruike the patrimony thereof, either by admiHlon of the 
 prince, or of the kirk, in this light of the Evangell. For it is but a 
 mockage to crave reformation where fuch like have place. 
 
 And in fo farr, as in the order taken at Leith in the yeare of our 
 Lord 1 57 1, it appears that fuch may be admitted, being found quali- 
 fied; either that pretended order is againfi all good order, or eUe it 
 muft be underftood not of them that be qualified in worldly affaires, 
 or to ferve in court, but fuch as are qualified to teach God's vvotd, 
 having iheir lawfull aduiiiTion of the kirk. 
 
 As to biftiops, if the name f5f«rxo»of be properly taken, they are all 
 one with the minifters, as before was declared. For it is not a name 
 of fuperioriiie, and lordihip, but of office and watching. 
 
 Yet becaule in the corruption of the kirk, this name (as others) 
 have been abufed, and vet is likely to be, wee cannot allow the fa- 
 fliion of thefe new chofen bifhops, neither of the chapiters that are e- 
 ie6>ors of them to fuch offices, as they are chofen unto. 
 
 True bilhops fhouid addiel thcmfeives to a particular flock, which 
 
 fundry 
 
OF Discipline. 179 
 
 fundry of them refufe, neither fhould they ufurpe Icrdfhip over their 
 brethren, and over the inheritance of Chrill:, as thefe n en doe. 
 
 Paftors, in fo farr as they are pallors, have not the office of viHta- 
 tion of mpe kirkes joyned to the paftorfliip, without it be given to them. 
 
 It is a corruption, that bilhops fhould have further bounds to vifjt 
 nor they may lawfully. No man ought to have the office of vifita- 
 tion, but he that is lawfully chofen thereunto. 
 
 The elderfhips being well eftabliihed, have power to fend Out vi- 
 fitours one or moe, with commiirion to vi fit the bounds within their 
 elderfliip and i;i:ewife, after count taken of them, either continue them, 
 or remove thcni from time to time, to the which elderfhips they fhall 
 be alwaycs fubjeft 
 
 Criminal! juri{di£lion in the perfbn of a paflor is a corruption. 
 
 It agrecth not with the word of God, that bifhops fhould be pafl- 
 ors of padttrs, palters of many flockes, and yet without a certain 
 flock, and without ordinary teaching. 
 
 It agreeth not with the fcriptures, that they fhould be exemed from 
 the correction of their brethren, and difcipline of the particular elder- 
 iliip of the k'rk, where they fhall ferve, neither that they uftirpe the 
 office of vifitation of other kirks, nor any other funftion befides other 
 minifters, but fo far as fhall be committed to them by the kirk. 
 
 Wherefore, we deiire the bifliops that now are, either to agree to 
 that order that God's word requires m them, as the generall kirk will 
 prefcribe unto them, not palling their bounds, either in ecclefialficall 
 or civil 1 alfiiires, or elfe to be depofed from al! funftion in the kirk. 
 
 We denie not in the meane time, but minillers may and fliould af- 
 fift their princes when they are required, in all things agreeable to the 
 word, whether it be in councell or parliament, or otherwayes, pro- 
 viding alwayes they neither ncglcft their owne charges, nor through 
 flattery of princes, hurt the publick eflate of the kirk. 
 
 f'ut generally, we fay no perfon, under whatloever title of the 
 Virk ; and fpeciaily theabuled titles in papillric, of prelates, convents, 
 and chapters, oiight to attempt any aft in the kirks name, either in 
 cc^uncell, or parliament, or out of councell, having no commillion of 
 the reformed kirk within thjs realme. 
 
 And by aft: of parliament it is provided, that the papiflicall kirk and 
 jurifdiftion fnould have no place within the fame, and no bifiiop nor 
 other prelate in times confining lliou Id ufe.anyjmildiftion flowing from 
 [lis authority. 
 
 And againe, th.it no other ecclefiaflicall jurifdiftion fhould be ac- 
 knowledged within this reahii, but that which is, and fliall be in the 
 reformed kirk, and flowing therfrom, 
 
 So vye p.leem holdingof chapijers in papiflica 11 manner, either in 
 
 catheirali 
 
286 The Second Book 
 
 cathedral! kirjcs, Abbevcs, colledges, or other convcntuall places, u- 
 furplng the name and authority of the kirk, to hurt the patrimony 
 thereof, or ufe any other aft to the prejudice of the fame, fince the 
 yeare of our Lord 1560 yeares, to be abufe and corruption, contrary 
 to the liberty of the true kirk, and lawes of the rcalme, and there- 
 fore ought to be annulled, and in times comming utterly difcharged. 
 
 The dependances alfb of the papifticalj jurifdidtion are to be aboli- 
 flied, of the which fort is mingled jurifdiftion of the commifTars, in fo 
 farr as thev meddle with ecciefiafticall matters, and have no commif- 
 fion of the kirk thereto, but were eleftcd in time of our (bveraigne's 
 mother, when things were out of order. Jt is an abfurd thing that 
 fundry of them having no fun<ftion of the kirk, ihould be judges to 
 miniflers, and depofe tliem from their roomes. I'herefore they ei- 
 ther would be difcharged to meddle with ecclefiaHicall matters, or it 
 would be limited to them in what matters they might be judges, and 
 not hurt the libertie of the kirk. 
 
 The}' alfo that of before v/cre of the ccclefiaftique eHate in the 
 pope's kirk, or that ar€[admitted of new to the papiflicall tides, and 
 now are (ollerate by ihe lawes of the realme to pofRflt? the twopart of 
 their ecclcfiallicall rents, ouglu not have any further liberty, but to 
 intromet with the portion afljgned and granted to them for their lif - 
 times, and not under the abuled titles which they had to difpone the 
 kirk rents, (et tackts and fewcs tiiereof at their pleafure, to the great 
 h rt of the^kirk and poore labourers, th;u dwell upon the kirk lands,^ 
 contrarie to all good confcience and order. 
 
 Ckap. XIL Certain f^eciall heads of rrfonri^lion which wc crave, 
 
 WHarfbever hatii been fpoken of the ( fFices of tlie kirkl> the fe- 
 verall power of the office- bearers, their conjunt!^ power alio, 
 and iafi: of the patrimonie of the kirk, wee underlland it to be the 
 right reformation, which God crave> at our hands, that the kirk be 
 ordered according thereto, as with that order, which is molt aggreea- 
 ble to the word. 
 
 But becaufe fomeihing would be touched in particular, concerning 
 the eltate of the coi;ntrey, and that which vt-e principally feck 10 be 
 reformed in the fame, we have colieftcd them in thefe heads following. 
 
 Seeing the whole countrey is divided iu provinces, and thir provin- 
 ces again are divided in pariihes, as well in land-ward, ^s in tovvnes ; 
 in ever\' pariQi and rcafonablc congregation there would be placed one 
 or moe pallors to feed the liock, and no pallor or minifler alwaies to 
 be burdened with the particular charge of moe kirks or flccLcs then 
 one alanerJy, 
 
 And 
 
O F D I S C I P L I N E. 28 r 
 
 And becaufe it will be thought hard to finde out padors or mini- 
 fters to all the paroch kirks of the realm, as well in landwara, as in 
 townes, we think by the advice of fuch as commiirion may be given 
 to by the kirk and prince, pariihes in landward or fniall villages, may 
 be joyned two or three or more, in fome places together, and the prin- 
 cipal! and moft commodious kirks to fland, and be repaired fufficient- 
 ly, and qualified miniikrs placed thereat ; and the other kirks, which 
 are not found neceflary, may be fuiTered to decay, their kirk yards 
 alwaies being kept for buryall places; and in (bme places whtre need 
 requires a parifh, where the congregation is over great for one kirk, 
 may be divided in twa or moe. 
 
 Do^lors would be appointed in univerfities, colledges, and in other 
 places needfull, and fufficiently provided for, to open up the mean- 
 ing of the fcriptures, and to have the charge of fchooles, and teach 
 the rudiments of religion. 
 
 As for elders, there would be fome to be cenfurcrs of the manners 
 of the people, one or moe in cver^; congregation, but not an aflem- 
 bly of elders in every particular kirk, but onely in townes, and fa- 
 mous places, where refort of men of judgement aDdabilitie to that ef- 
 fect may be had, where the elders of the particular kirks about may 
 convene together, and have a common elderfhip, and aflembly place 
 among them, to treat of all things that concernes the congregations of 
 which they have the overfight. 
 
 And as there ought to be men appointed to unite and divide .the 
 pariihes, as necelfity and commodity requires : fo would there be ap- 
 pointed by the generall kirk, with adentof the prince, fuch men as 
 teare God, and know the eftate of the countries, that were able to 
 nominate and defigne the places, where the particular elder/hips fhould 
 convene, taking confideration of the dioccfie, as they were divided of 
 old, and of the cflate of the countries, and provinces of the realme. 
 
 Likewife concerning provincial! and fyiiodall aHemblies confidera- 
 tion were eafie to be taken, how many and in what places they were 
 to be holden, and how oft they lliould convene, ought to be referred 
 to the liberty of the generall kirk and order to be appointed therein. 
 
 The nationall allemblies of ihis countrey, called commonly the ge- 
 nerall afTemblies, ought alwayes to be reteined in their own liberty, 
 and hrxve their own place. 
 
 Witn power to the kirk to appoint times and places convenient for- 
 the fame, and all men, as well magiftratcs as inferiours, to be lubjc^l 
 to the judgement of the lame in eccleliatticall caufes, without any re- 
 clamaiion or appellation to any judge, civil! or ecckiiartica 11 within the 
 realm. 
 
 The libertie of the ck(5llon of pcrfcns called to the ecclefiud'call 
 
 O o functions. 
 
282 The Second Book 
 
 functions, and obferved without interruption, fb long as the kirk was 
 not corrupted by Anticbrift, wedefire to be reflored and reteined with- 
 in this realm. 
 
 So that none be intrufed upon any congregation, either by the 
 prince, or any inferiour perfon, without Jawfull ele^ion, and the af- 
 i'cnt of the people over whom the perfon is placed, as the praftife of 
 the apoRolicall and primitive kirk, and good order craves. 
 
 And becaufe this order, which God's word craves, cannot fland with 
 patronages and prefentation to benefices ufc d in the Pope's kirk, we 
 ccfire all them, that truely feare Godj earncfll)' to confider, that for 
 as much as the names of patronages and benefices together with the 
 cffeQ. thereof have flowed from the Pope, and corruption of the canon 
 law onely, in fo farr as thereby any perfon was intrufed or placed o- 
 ver kirkcs haymg ci.rajn' a/izmarum . 
 
 And for as much as that manner of pi'oceeding hath no ground in 
 the word of God, but is contrary to the fame, and to the faid liberty 
 of ele£lion, they ought not now to have place in this light of refofnri- 
 ation. And therefore, whofoever will embrace God's word, and de- 
 lire the kingdome of his Son Chrifl Jefus to be advanced, they will 
 alio embrace, and receive that pblicie and order which the word of 
 God, and upright eftate of his kirk craves, otherwife it is in vaine that 
 they have prof eft the fame, 
 
 Notv.'ithffanding as concerning other patronages of benefices that 
 have not curarn an'iniaruviy as they fpeak : fuch as are chaplenrics, 
 prebendaries founded upon temporall lands, annuels, and fuch like, 
 maybe refcrved unto the ancient patrones, to difpone hereupon, when 
 they vaike, to fchollers and burfers, as they are required by a£l of 
 parliament. 
 
 • As for the kirk rents in generall, we defire that order be admitted 
 and maintained amongff us, that may fland with the fincerity of Gpd's 
 word, and praftife of the purity of the kirk of Chrilh 
 
 To wii, that as was before fpoken, the whole rent and patrimony 
 of the kirk, excepting the fmall patronages before mentioned, may be 
 dicidfed in foure portions : one thereof to be affigned to the paftor for 
 his entertainment, and hofj)itality ; an other to the elders, deacons and 
 other officers of the kirk, fuch as clerks of alTembiies, takers up of 
 the pfalmes, beadels and keepers of the kirk, fo farre as is necellarie : 
 joyning with them alfo thedo^fors, and fchooles, to help the ancient 
 foundations where need requires : the third portion to be beffowed u- 
 pon the poore members of the faithfull, and hofpitals : the fourth for 
 reparation of the kirks, and other extraordinary charges as are profi- 
 table for the kirk, and alfb for tlie commiOn wealth, if need require. 
 
 We defire therefore the ecclcfiaiticall goods to be uplifted, and di- 
 ll r.buted 
 
O F D I S C I P L I N E. 2?^ 
 
 ftributcd faithfully to whom they appertaine, and that by the miniflc- 
 rie of the deacons, to whofe office properly the coUeclion and cVutrihu- 
 tion thereof belongs, that the poore may be anfwered of their portion 
 thereof, and rhey of the miniftery live without care and folitudc : as 
 aUbthe red: of the treafurie of the kirk may be refer ved, and beftow- 
 ed to their ngiit ules, 
 
 W thele deacons be elected with fuch qualities ^s God's word craves 
 to be in them, there is no feare that they fhall abufe themfelves in 
 their otnce, as the profane colleft^r did ol before. 
 
 Yet becaufe this vocation appeares to many to be dangerous, lee 
 them be oblifhed, as they were of old, to the yearely count to tha 
 pallors and elderihip, and if the kirk and prince think expedient. Ice 
 cautioners be oWifhed for their fidelity, that the kirk ren:s on, na 
 vvayes be dilapidat. 
 
 And to the effeft this order may take place, it is to be provided 
 that all other intrometers with the kirk rent, collectors general or fpe- 
 ciall, whether it be by appointment of the prince, or otherwaics, may 
 be denuded of further intromiflion therewith and fuffer the kirk rents 
 in time comming to be wholly intrometted with by the miniilry of the 
 deacons, and diltribute to the vSc before mentioned. 
 
 As alfo to the effect, that the ecclefiafticali rents may fufficc to thefe 
 ufes, for the which they are to be appointed : we thinke it neceffary 
 to be defired, that all alienations, fetting of fewes, or tacks of the 
 rents of the kirk, as v/ell lands as teinds, in hurt and diminution of 
 the old rentals, be reduced and annulled, and the patrimony of the 
 kirk reftored to the former old liberty. 
 
 And likcvvife that in times comming the tiends be fet to nane, but 
 to the labourers of the ground, or elfe not fet at all, as was agreed 
 ppon, and fubfcribed by the nbbility of before. 
 
 Chap. XIII. The utilitie that j}?all JIqvj from this reformation to all 
 
 Ejfates. 
 
 Eing the end of this fplrituall government and policie whereof we 
 ,^ fpeak, is, that God may be glorifcd, the kingdome of Jefus 
 Chrift advanced, and all who are of his myftical body, may live peace- 
 able in confcience : therefore v/e dare boldly affirme, that all thefe 
 who have true refpe^t to thefe ends will even for confcience caufe 
 gladly agree and conforme themleives to this order, and advance the 
 fame, fo farre as lyeihin them,, that their confcience being Cqi at relt 
 they may be repleniflied with fpirituall gladnefle in giving full obe- 
 dience to that which God's v/ord, and the teftimony of their own con- 
 fcience doth crave, and refuHng aJi corruption contrary to the fame. 
 
 Next 
 
284 The Second Book 
 
 Next, we fhall become an example atid patterne of good and godly 
 order to other nations, countries, and kirkes profcHlng the fame reli- 
 gion with us, that as they ha^re glorified God in our continuing in the 
 Sincerity of the cvord hitherto, without any errours, praife be to his 
 name. So they may have the like occafion in our converfation, when 
 as we conforme ourfelves to that difcipline, poiicie, and good order, 
 which the fame word, and purity of reformation cravcth at our hands. 
 Otherwife that fearfull fentence may bejuftiy faid to us, 'The fervant 
 knoxutn^ the zril/ofbi'- maijier, and not doin{r /'/, (^-c. 
 
 Moreover, if we have any piety or refpe^l to the poore members of 
 Jefus|'. hrift, who fo greatly increafe and multiply amongft us, we will 
 not fuffer them to be longer defrauded of th.it part of the patrimony 
 of the kirk, whichjuftly belonas unto them, and by this order, if it 
 be duely put to execution, the burden of them fiiall be taken of us to 
 our great comfort, the ftreets flia;l be cleanfed of the cryings and raur- 
 murings of them, as we fhall no more be any ikandall to other nati- 
 ons as we Irave hitherto been for not taking order with the poore a- 
 inongft us, and caufing the word which v/e prof^e(Te to be evil! fpoken 
 of, giving occaiion of fklander to the enemies, and offending the con- 
 iciences of the limple and godly. 
 
 Befides this, it ihall be a great eafe and commodity to the whole 
 common people, in relieving them of tlie building and upholding their 
 kirks, in bigging of bri ^ ges and other like publique workes : to the 
 labourers of the ground in payment of their tcinds, and Ihortly in all 
 thcfe things, Vvhereinto they have been hitherto rigoroully handled by 
 them that are falfiy called kirkemen, their tackfmen, faclours, chai- 
 nierlanes and extorfioncrs 
 
 Finally, to the Kings majeflie, and common wealth of the coun- 
 trey this profite iliall redound, that theo!l;er aOaires of the kirk being 
 fufficiently provided, according to the dilfribution, of the which 
 hath been fpoken : the fupcrplus being coUcifted in the treafurie of 
 the kirk may be profitably impioyed, and liberally beftowed upon the 
 extraordinary fupport of the affaires of the prince and common-wealth, 
 and fpecially of that part which is appointed for reparation of kirks. 
 
 So to conclude, all being v/illing to apply themfeives to this order, 
 the people fufTering themfeives to be ruled according thereto; the 
 princes and magiltrates not being exemcd, and thefe that are placed in 
 the ecclcliafticall eliare rightly ruling and governing, God fhall be 
 glorified, the kirk edified, and the bounds thereof inlargcd, Chrift Je- 
 fus and hij kingdome fet up, Satan aqJ hiq kingdome liibverted, and 
 God ftiall (jwell in the midli of ps, to qur comfort, through Jefus 
 Chrift, who* together vyith the Fgth^f aijd the llqly Gl^ofl:, abide? 
 bjeffed in ifl} eternity, 
 
 ■ • ■ TN 
 
The Y^ant of DISCIPLINE fliewn to 
 be a crreat Caufe of the preient Corrup- 
 tioii of Chiiiliaas. 
 
 #• 
 Being a Chapter of a celebrated Treatife concerning 
 the Caufes of the preient Corruption of Chriflians, 
 and the Pvemedies thereof*. 
 
 By the Reverend Mr 0(^ervald, Profeflor of Divinity, and one of 
 the Miniflers of the Church at Neufchatel in Switzerland. 
 
 T is not my defign in this chapter to fpeak of church-difcipline in 
 J_ general ; 1 ihall only infill upon that part of it, the end of which 
 is to regulate the manners of Chriftians ; and this is an important mat- 
 ter. The want of difcipline is one of the greateft imperfcftions which 
 have been obferved in the prefent ftate of the church, and one of the 
 molt evident and general caufes of the corruption of Chriftians. But 
 bccaufe fome have pretended that difcipline, was a human and arbi- 
 trary inlVirution, the obfervation of which was not abfolutely nece/Ta- 
 ry, and might be dangerous, I think it proper to lay fomething here 
 concerning the original, and the necerfity of the difcipline of the 
 church. 
 
 It is certain, in the firjl place. That all focieties and bodies have a 
 right to ert^blifh an order to regulate themfelves by, and to provide 
 for their fecurity and prefervation. When ftvcral men or people u- 
 nite to form a body, they have power to make laws and regulations, 
 to which all the members of that body rgay bo tied, and to exclude 
 thofe from their communion w^ho will not fubmit to them. Eu? 
 
 thefe 
 
 * This treatife was firft publiflied in French, and met with a very great 
 and general applaufe. A fecond edition of it was defired in lefs than two 
 months after the lirft ; and it was foon tranilated into more languages than 
 one. This extract is taken from the third edition of it in Englilh, printed at 
 London I 71 1. Bifhop Burnet, to whom it is dedicated by the tranflator, 
 reckoned it among the bed books that that age had produced ; and that \i\ 
 all refpeds, both for pitty awl iearniiig, ^oad fehfe and trje jadgement, 
 
285 "Want of Discipline a cause of the 
 
 thefe laws ought not to clafh with other laws already eftablinied, 
 nor with jufl: and acknowledged rights. I think, this power, which 
 is granted to the meanert of focieties, cannot be denied to the church ; 
 and this proves already that the church had a right to appoint a difci- 
 pline, to which all her members fliould be fubje^l, provided that diP 
 cipline did nor, on the one hand, prejudife public tranquillity, and the 
 authority of the magidrates ; nor any way contradift, on the other hand, 
 the laws of the gofpel. I'Tow, as difcipline is not liable to either of 
 thefe inconveniencies, but does rather perfeftly agree with the welfare 
 of civil fociety, and the fpirit of the Chriftian religion, as will be 
 proved hereafter ; fu the eftabliHiing of it leems to be equally law- 
 ful and neccllary. 
 
 But further, difcipline is an order which has God for its author. 
 We find the ii>!titution of it in holy fcripture, and in the laws of 
 Chrlft, and of his apofiies ; I fliall recite the chief of thefe. 
 
 1. In Matthew's gofpel, chap, xviii. 15. 16. 1 7. we read thefe 
 words : *' if thy brother ihall trefpafs againfl; thee, go and tell him 
 *' of bis fault between thee and him alone: if he Ihall hear thee, 
 ^' then haft gained thy brother; but if he will not hear thee, then 
 '' take wiih thee one or two more, that in the mouth of two or three 
 *' wirnclfes every word may be ef!:ablifhed. And if he (liall neglect 
 " to hear them, tell i^ to the church ; but if he negleft to hear the 
 *' church, let him be unto thee as a heathen man and a publican." It is 
 tfue indeed," that our Saviour in thefe words properly fpeaks of pri- 
 vate diiierence ; b'.it what he fays ought to be applied to all ihofe 
 diforders v/jiich niay happen in the church, and particularly to fcan- 
 dais. And farely it is evident, that if we may proceed in the methods 
 here injoincd. when the cafe is only concerning fome diiTerences be- 
 tween -rivate men, we have much more right to do io wiih relation 
 -t) pubic fins, (met they are cafes which concern the whole church, 
 and that dirc^fily, and which do yet more properly belong to th^''* 
 cognifance, than the quarrels of private men. The meaning of Ci rift 
 is then, that there muft be an order in his church for the removing 
 ci fcanuuls. He fuppole?, that the church has a riglit to inter pole 
 "upon thofe occafions ; and he commands that thofe who fhall refufe 
 to hear the church, be looked upon as if they were her members no 
 longer, and that communication with them ihiould be avoided. This 
 is tlie import of thefe words : " Let him be unto thee as a heathen 
 •* man and a publican." 
 
 2. The fifth chapter of the firft Epiftle to the Corinthians, ver. 2, 
 3. 4. decides this matter. Paul having been informed, that there was 
 a man among the Corinthians who lived in inceft, he writes about it 
 to that church; and, firft, he reproves thera " for not having cut olT 
 
 ♦' from 
 
Pkesent Corruption of Christians. 287 
 
 ** from their Communion the perfbn who had committed To infamous 
 an aftion.'* In the next place, He does himfelf excommunicate that 
 man, and deliver him up to Satan, I knov/, that perhaps this power 
 of delivering up to Satan belonged only to the apoflles ; and it is like- 
 ly, that this was one of thofe extraordinary puniihments v.'hich they 
 had a power to infiift upon profane and rebellious peffons. But as 
 for excommunication, it is the common and ordinary right of the 
 church. This right, or rather this duty of the church, is clearly af- 
 fcrted by the cenfure which the ApolHe addrefles to the Corinthians ; 
 becaufc " they had not taken that inceftuous perfbn from among 
 *' them," and becaufe they had not obferved the order he had given 
 them before, iTOt to fuffer fornicators : " I wrote unto you already 
 *' not to company with fornicators;" ver- 9. He repeats this order 
 in thefe words, which contain an exprefs and general law againft all 
 fcandalous finners : "I write it unto you again, not to keep com- 
 " pany ; if any m.an that is called a brother, be a fornicator, or co- 
 ** vetous, or an idolater, or a raiier, or a drunkard, or an extortion- 
 " er, with fuch an one, no, not to eat ;" ver. 1 1. This is pofiiive: 
 and what the Apoftle adds, " Do not ye judge them that are widiin ?" 
 is a confirmation that the church has a right to do fo with relation to 
 her members, Laftly, He concludes with thefe words: " Therefore 
 " put away from among yourfelves that wicked perfon ;" ver. 13. 
 for thus ihis verfe is to be rendered, as the drift of the whole chapter, 
 of which this is the conclufion, fhews it evidently. 1 deflre the force 
 of this proof may be confidered. It is not one fingle paflagc which 
 I here produce ; it is a whole chapter ; it is a thread of arguments, and 
 of exprefs and reiterated injunctions. Paul defcribes thofe whom the 
 church ought not to fuffer in her bofom ; he appoints what is to be 
 done in reference to them -, which is, that they ought to be cut off 
 from the body of Chriftians, and that their company is to be avoided. 
 There cannot be a clear and exprefs law, if this is not i^o. 
 
 c?. There are fbme other places which have no ambiguity in them, 
 1 TiiefT iii. 6. " We command you, in the name of our Lord Je- 
 ** fus Chrifl." This preface is remarkable ; here is a law in due form, 
 which the Apoftle is going to deliver: he propofes it by way of com- 
 mand, and he interpofes the authority of our Lord Jefus Chnlt ; *' We 
 " command you, in the name of our Lord Jefus Chrift, that ye vvith- 
 ** draw yourfelves from every brother that walketh difordcriy, and 
 *' not after the tradition which he received of us.'* This law is re- 
 peated, ver. 14. " If any man obey not ou? word by this F.piflle, 
 *'' note that m.an, and have no Company with him, that he may be a- 
 ** Ihamed." 
 
 ^ • ^ The 
 
288 Want of Discipline a Cause of the 
 
 4. The firfl: Epiflle to Timothy affords us proofs unanfwerable. 
 The defign of Paul in this Epiftle is to eftabli/h order and difcipiine in 
 the church. To this purpofe he gives feveral precepts to Timothy : 
 he inflrufts him exaftly how paflors ought to proceed about informa- 
 tion, cenfures, and the principal offices of church government : 
 *' Rel)uke nof an elder, but inftruft him as a father, and the young- 
 " er men as brethren ; the elder women as mothers, the younger 
 " as fifters, with all purity;" chap v. " Againft an elder, re- 
 " ceive not an accufation but before two or three witne{Te> : them 
 ** that fin rebuke before all, that others alfo may fear. 1 charge thee, 
 *< before God and the Lord Jefus Chrift, and the ele6t Angels, that 
 " thou obferve thefe things, without preferring one before another, 
 *' doing nothing by partiality i" i Tim. v. {. 2. 19. 20. 21. 1 might 
 add other places out of this Epiftle and the following, and out of 
 that to Titus; Tit iii 10, Here is then again a whole thread of 
 difcourfe, pfefcribing the order according to which the church is to be 
 governed. Here are particular rules ; and Paul ufcs an adjuration to 
 oblige Timothy to obferve them. Thefe laws do not concern Ti- 
 raothy in particular, but Paul fpeaks here of the minifterial fundiion, 
 and of the duty of the pallors ' f the church in general. We need 
 but read the Epiftles to Timothy, and the beginning of that which he 
 writes to Titus, to be fatisfied, that he intends that this order Ihould 
 be fettled in all the churches. 
 
 Either there is nothing plain in fcripture, or it appears from all thefe 
 places, that difcipiine is inftituted of God ; that the exercife of it is 
 committed to paflors ; that fcandalous finners are not to be tolerated 
 in the church; that private men ought to avoid their company; and 
 that the governors of the church are bound to proceed againft them, 
 by private and public cenfures, and even by excommuijic^ion. If 
 ■ the pafTages 1 have cited do not prove all this, we may wrangle about 
 every thing, and all arguments from the facred writings may bv elud- 
 ed. The-inftitution of the facraments is not more exprefs or pofitivc. 
 
 Tut though thefe places were not fo pofitive and fo clear as 
 they are, yet we may be'affured, that this is their true meaning, be- 
 caufe this is the fenfe in which the whole primitive church underftood 
 them. The pra(^iice of th.e firfl ages, in conjundion with the laws of 
 'Chrifl and of his apoftles, amounts to a demonflration, which cannot 
 be wiihfiood ; bcfides, that we are to prefume, that what has been 
 pr?.61ifed from the foundation of the church, and in the time of her 
 purity, was fettled by the apofiles themfelves, or by apoftolical men, 
 fo that wc ought as an.ch as pofTibly to conform ourfelves to it. Now, 
 we knov/, that difcipiine v. as oblcrvcd in the prirnitive church, not- 
 
 u| withl>anding 
 
PnEsENT Corruption OF Christians. 489 
 
 withflanding the unhappinefs of the times, and the perfecution This 
 is unqucftionable matter offa^l, and therefore I fiiall take it for grant- 
 ed ; and only fay in fhort, that then all ihofe who embraced Chrifli- 
 anity were engaged by a folemn vow to renounce the vices of the 
 age, and to lead a hoiy life ; tliat thole who were baptized were not 
 fuffered to live diforderly ; that vicious perfons were debarred, the ho- 
 ly myflerics -, that rhofe who fell into great fins were excommirnicated, 
 as well as thofe who were contumacious and incorrigible ; that fuch 
 v^ere not reftored to the peace of the church, but after various pro- 
 feflions of repentance, and a public acknowledgement of their faults; 
 and that as to thofe who relapfed, they were received only at the hour 
 of death. Very clear monuments of this practice are ftili extant, in 
 the writings of the ancient Doctors of the church, as well as in the old 
 canons and decrees of councils. This difciplinc mud needs have been 
 very feverely obferved, fince Ambrofe was not afraid to put it in prac- 
 tice againft the Emperor Theodofius. 
 
 I am not ignorant, that the primitive church has varied about' cer- 
 tain circumftances, that the penitents were treated iometimes with more 
 and fometimes with lefs feverity, and that the lime of their fufpehfion 
 from the fealing ordinances of the church was longer or fhorter : But as 
 to the main, or the eflence of difcipline, it did always obtain in the pri- 
 mitive church. And it was as little queftioncd then, whether difci- 
 pline ought to be obferved, as whether Chriftians fhould be baptized. 
 This ufige among the firft Chriftians is at leaf! a ftrong prefumption in 
 favour of difcipline ; but it being confonant befides to what we read 
 in the New Teftament, I do not fee how there can remain any doubt 
 about this matter. 
 
 In the lafl: place. The nature of difcipline itfelf proves the ufe- 
 fulnefs and necefhty of it. All thofe who are not blinded with pre- 
 judice muft own, that difcipline, confidered in itfelf, is altogether a- 
 greeable to the fpirit of Chrlftianity, 1 . The honour of religion, and 
 the promoting of Chrift's kingdom, require order in the church. Who 
 does not fee but, that if the church did tolerate fcandalous perfons, and 
 take them into her bofom, and make no diiTerence between them and 
 the faithful, fhe might jufily be charged with all the diforders and 
 fcandals obferved in the lives of bad Chriftians, and be looked upon by 
 infidels as a prophane fociety, where vice is permitted ? But the cx- 
 ercife of dilcipline is an authentic difowning of vice, whereby the 
 church declares publicly that fiie does not allow of it. 
 
 2. Difcipline is a moft efficacious mean to procure the reformation 
 of finners. A man muft be very much hardened when the being re- 
 moved from the communion of Chriilians does not reclaim him. But 
 
 P p when 
 
290 Want of Discipline a cause of the 
 
 vben a fcandalous perfon is rufTerecl to live in the fociety of the faith- 
 ful, when he is admitted to the fame privileges with other members 
 cf the church, this gives him an occafion to harden himfelf in fin, and 
 to think that he is as good a Chriftian, and that he has as much intereft 
 in the privileges of the church as others ; which is a mod dangerous, 
 but wiihal a mod common imagination. 
 
 3. Difclpline is ufeful to the church in general. Many who may 
 otherwife have ill inclinations, are retrained by example, or iliame, 
 or fear, or even by confcience: good men are thereby doubly edifi- 
 ed; fince, on the one hand, this rigour confirms them in their dut}', and 
 that, on the other hand, it makes reparation for the fcandai which other 
 mens fins give them. 
 
 From ail this, 1 conclude, that difcipline is a facred, neceflary, and 
 inviolable order. It cannot be faid, that it is a human or arbitrary e- 
 flablifliment, which maj/' be altered, or which was only to continue 
 for a time. An order which has its original in the exprefs laws of 
 ChriH: and his apoftles, and is appointed in fcripture as a general law; 
 an order whicb has been obicrved in the primitive and apoflolical 
 church; an order which is founded on the very nature of the ciairch 
 and religion, and which perfectly agrees with the fpirit of the gofpel : 
 fuch an order certainly ought to be followed, as being of a neceflary 
 and indifpenfable obligation. I fay it again, there is nothingi mere 
 pofitive than this in the inffitution of the facraments : difcipline, as well 
 £S the facrament?, is founded upon divine inflitunon, and confirmed 
 by the pra^ice of the primitive church. But in difcipline there is one 
 thing more than in the facraments : for whereas the facraments, con- 
 fidered in themfelves, and without rcfpe(5f to the divine inditutions, 
 are things indifferent and of no ule; difcipline in itfclf is jult and ufe- 
 ful, agreeable to the principles of Chriftianity, as well as to plain 
 reafon and fenfe. 
 
 ■ I have perhaps been too large upon this fubjc6f, but it was to be 
 proved, in the firfl place, that difcipline is neceffary, and inflituted by 
 God, fince that is the ground I go upon in this whole chapter. 
 
 This facred order, which had been fettled in the besinnincj of Chrifl:- 
 ianity, was altered in procels of time ; and in this, as in many other 
 things, Chriflians grew remifs. This was done by degrees; for good 
 Jaws are net commonly aboliflied ail at once, but through infeniible 
 changes. We learn from ecclefiaflical hiliory, that the flackning of 
 difcipline is chiefly to be imputed to the taking away fome public 
 cenfures. Thofe ccnfuies were converted into private confcflions 
 ?.nd penances. At firft this alteration was only concerning fbme 
 fins, which were not thought to defervc the utmofl rigour of difcipline ; 
 
 for 
 
Present Coruptton or Christians. 391 
 
 for as to great fins, fuch as murder and adultery, the ancient order 
 was llill in force. Bin ar Jaft, about the end of the fourth century, pub- 
 lic ccnfures were aboliflied, {\d\ in the cait^-rn, and fometime after in 
 the wcftern churches Infkad of public cenfures, private fatisfaftions 
 were appointed ; and then men unhappily began to be more concerned 
 about the exterior of church-renfure, than about what is fpiritual in 
 it, and fit to reclaim finners This was done at firft by a kind of relaxa- 
 tion or indulgence ; but that which at the bemnning; was no more than 
 an exception to the law, fucceeded in the room of the law itfelt : and 
 from thence fprang indulgences, fatisfa^lions, ccnfellions, auricular 
 confelfion, and many other praftices, which are but corruptions of 
 the ancient difcipline. The bifhops, on the other hand, being diftrad- 
 cd by temporal cares, after the converfion of the Emperors to the 
 Chriiiian religion, began to ncgleft the efiential parts of their funftion, 
 and theconduiSt of their flocks. They were for humouring great men, 
 who thought it hard to fubmit to the public order. This is a (hort 
 account, how the puiiry of rhe Chriltian religion was confiderably a- 
 dulterated in the point of difcipline. 
 
 We arc now to examine what the prefent flatc of the church and 
 religion is, with relation to difciplme. All the abufes which came up 
 in the room of the ancient difcipline, do flill fubfift in mod; placet:, 
 •both in th.e Greek and in the Latin church. The canons and laws of 
 the church in the firft centuries have been abrogated by contrary laws 
 and canons. This is acknowledged by all men of learning and fince- 
 
 Let us lee then whether this difcipline is to be found any where 
 elle. There are many churches in tliie laft age, which did redrels 
 thofe abufes I now mentioned. But they ought to have gone further; 
 as thefe abufes had fucceeded in the room of apoftolical difcipline, (b 
 that too fliould have been re(bred, when thefe were taken away. But 
 this was not done as it might have been wiihed. The difbrder was 
 removed, but order was not re-eilablillied ; and it is not hard to ap- 
 prehend how this came to pafs. 
 
 It is no wonder that thofe abufes fiiould be taken away: they were 
 grown too intolerable ; and they could not hold out againfl: the learn- 
 ing of an age more knowing than the former were. Things were 
 gone fo far, that a turn and a revolution v/ere neceflary. It is very 
 probable befides, that intereft, pride, or amibition, did move great 
 numbers of perfbns, wliO; after all, had not much piety to fet them- 
 felves againfl thofe many and great difordets, and to fhake off a yoke 
 under which the Chriiiian woi Id then groaned. But the fam.e princi- 
 ples hindrcd their fubmitting to the yoke of Chrift, and binding theni- 
 
 P p ^ Iclves 
 
292 Want or Discipline a cause of the 
 
 felves to the obfervation of evangelical difcipHne. We are to confidef 
 further, that the rules of difcipline and public confeffion had been 
 difufed for feveral hundred years, fb that it was not eafy to bring the 
 world to fubmit to an order, of which the notion was loft. Policy 
 had perhaps a large fhare like wife in this revolution. PrinCes and 
 great men were eafily determined, to pull down the exceffive and u- 
 furped authority of the clergy ;- but they did not at all exprefs the 
 fame zeal to reftore to the church her lawful authority. In fine, a- 
 mong divines themfelves, there were many who could not endure that 
 difcipline fliould be named, and who difputcd and writ againft thofe 
 who were for excluding fcandalous pcrfons from the holy facrament, 
 and for making ufe of excommunication and public confellions. In 
 fuch circumflances, the reftoring of difcipline was a hard tailc. It will 
 not be improper to relate here concerning this matter, the opit^ions and 
 the very words of thofe who were then employed about the refor- 
 mation of the church. 
 
 They looked upon difcipline as a capital point to reftore religion to 
 its purity. They wrote, " 1 hat difcipline was the beft, nay the 
 " only mean to keep the people in obedience ; that the church would 
 *' never ftand upon a firm and folid foundation, till difcipline and ex- 
 " communication were ufed to purge it, to give a. ftop to licentiouf^ 
 *' nefs, to banifb vice, and to mend manners ; and that whofbcver 
 " rejefted the lav/ful and moderate ufe of excommunication, Iliewed 
 " himfelf to be none of Chrift's fheep*". 
 
 But welikcwifeobferve in their writings, that they had the ill for- 
 tune of not being able to fucceed in their defign : they fay openly, 
 that they met on all hands v/ith infuperable obffacles : " That there 
 " was a company of minifters, who preached a gofpel without difci- 
 *' pline, and who even queftioned, wheiher the ufe of difcipline was 
 ". to be brought back into the church : that fome introduced licenti- 
 '*' oufnefs inftead of Chriflian liberty, and thought that to rcje£l the 
 *' Pope was enough in order to be truly evangelical; that others obfer- 
 " vingthe dail}'- decay of Chriflianity, v.-ifhed that the authority of the 
 " miniftry miglit be rcftored ; but that either they did not fee the triie 
 ■*' way of bringing this about, or that if theyfaw it, they defpaired of 
 
 "• fuccefs: 
 
 * Cahini Eplfl. et Refp072fa, p. ;^i7. Difciplinam jure vocare poflurans 
 optimum, atque adeo unicuia retinciKl« obedienlije vliiiulum. Ft pauio poji : 
 Itaque eceleMas noflras turn dcmuin rite futFultas arbitrabor, ubi ilto nervo 
 colligata: fuerint. Et p. 'i.^('>. Casleruin non aliter confiltct ccclelite incolii- 
 mitas quam fi ad earn purgandam, frxnandas libidiues, tollenda f'jiffjtia, cor- 
 ri^rendos perverfos mores, vigeat excoinmuuicatio, cujus r.iodcratiim ufum 
 quinpis recufat, prxlertiiR adinoiiitus, fc ex Chriiti ovibtis non die prodit. 
 
Present Corruption of Christians. 293 
 
 " fuccefs : that thofe who endeavoured to revive difcipline were cal- 
 " led tyrants, who would have ufurped the liberty of the church : 
 " that the people had fhaken ofTall reftraint, and were accuftomed to 
 " licentioufnefs ; as if", by taking away thePope's authority, the mini- 
 '* ftry had been dellroyed, and the word of God and the facraments 
 " had loft their efficacy*.'* They have faid, that the want of dif- 
 cipline did produce corruption : " That becaufe there were nei- 
 " ther cenfures, nor correftions, nor public confefTions, nor excom- 
 " munications in the churcli, even for the greateft crimes, the 
 " people and youth did commit all manner of fins; that no perfon 
 ** was reftrained by fhame, and that men became proud, and altoge- 
 " ther impenitent : that if the more flagrant fcandals were removed by 
 " public fatisfacVion, as Paul enjoins, and as it was anciently pra(5lifed, 
 " there would be lefs corruption and more zeal in the church 'f'." 
 
 Thefe were the fentiments of many Do£lors in the laft age : they 
 faw that the want of order and difcipline was going to bring libertinifnv 
 into the church. But yet their endeavours were not altogether ufe- 
 lefs. Some churches drew confidcrably nearer to the apollolical in- 
 ftiiution ; and there are fome where difcipline is not yet quite a- 
 
 boli/lied ; 
 
 * Captt. in Calv. Epifl. p. 7. Peritiores rerum ecclefiafticarum, cernunt 
 in caufa (ejedtionis veftrs) faille totam cohortem miniftrorum evangelium 
 docentiuni fine difciplina, imo ne fcientiura an difciplina lit in ecclefiam re- 
 vocanda. Otiofam enim fundcionem quidam tueri malunt, quam fruftuofam : 
 quidam licentiam pro Chrifti libertate induxerunt, quafi ab evangelio (lent, 
 qui jagum pontificum aojecerint. Aliqui vero id elt, plerique omnes, ani- 
 madvertentes rem Chrilli indies abire in pejus optarent quidem rellitutam 
 auctoritatem miniftroram, fed aut veram ejus reparands rationem ignorant, 
 aut earn videntes d^fperant prorfas. Et paulo pojt : Aaditis enim tyranni efle 
 volniflis in liberam ecclefiam, voiuiftis novum pontificatam revocai e, atque id 
 genas contumeliarum, ire. Et paulo poft : Nam fraenam prorfas excuiTit 
 maltitado, quse aflueta eft et educata propemodum ad licentiam, quafi autho- 
 ritatem pontificioram frangendo, vim verbi, facramentorum, et totius evan- 
 gelil ev«Guaremas, ire. 
 
 f Bucerus de animaram cnra, p. I 71. Et quis negare potefl, cum omnium 
 Peccatorura, quam atiocia ctiani ilia fint, adeo nulla increpatio, cailigatio 
 aut pTuitentia eft in ecclefia, hinc fieri ut juventus et piebs eo leviores red- 
 dantur ad omne malum. Pudor et dedecus abeunt, homines efFeruntar, red- 
 uuntur (uL Paulas conqaeritur) omniiio impoenitentes, dedant fe libidini, om- 
 niqae vanitati, deniquevita eft petulanti atque perdita fatiari nullo modo pof- 
 funt. 
 
 Idem, p. 189. Si crafllora deiifta feveriore poenitentia compenfarentur, ut 
 fandus docet apoftolas, atque in finJto atque falutari ufu fuit in ecJefiis \ e- 
 teribas bene conftitutis : major inde apud omnes Dei Filios peccitoram fi;ga 
 et dcteftatio, majorque vitce. Chriilians Zelas exifteret, quam proh dolor 1 
 hoodie apud nos depreheiidimus. Vide et Buceri Epiitokm ad Calvinum, in 
 Epillol. Calvini^ p. 370, 3.71. 
 
294- Want of Discipline a cause of the 
 
 bolifhed : ihcy dill make ufe of fome part of thofe means^ prefcribecl 
 by the gofpcl for the correffion of manners : they do not admit all 
 perfons indifixrently to the ficratnent : they retain the ufe of public 
 fatisfa£Vion, and even in fbme places of excommunication. But yet 
 there arc dill many things wanting in the order and government of 
 thofe churches, as will appear by comparing their prefent practice with 
 that of the primitive church, and with the canons of the ancient difci- 
 pline. I do not pretend, that in this matter the praftice of the firrt 
 Chriflians ought to be copied in every thing, but certainly in many 
 points we ought to conform to it. 
 
 If WQ-examine in what manner difcipline h adminijflcred now a-days, 
 we may obfcrvc fcveral defects in it which are very conliderable. For 
 inftance, we Hiall find churches where excommunication is ufed a- 
 bout matters of no great importance ; where that which is called ex- 
 communication, is rather a civil fentence or puniiliment, than an ec- 
 clciiaftical ccnfure ; and where, not the padors of the church, but ci- 
 vil judges excommunicate. Another common fault is, that difcipline 
 is excrcifed only upon two or three forts of (inners : Fornicarors and 
 notorious blafphemers are indeed fevcrely proceeded againll, but a 
 great many perfons are (nflcrcd in the church, who have nothing of 
 Chridianity in their deportment; fiich as drunkards, idle people, and 
 feveral other (inners •, whom the divine laws fubjc6i: as much to the 
 rgour of difcipline, as adulterers. It would be altogether ncccdary 
 to ufe difcipline againd thofe who enter into marriage only to conceal 
 their fliame, and yet in mod churches no fatisfa^tion is demanded of 
 fuch people : T his is a matter of very great moment. There is r.o 
 fufhcient care taken, to be fatisfied about the fincerity of (inners re- 
 pentance when they are to be redored to the peace of the church. 
 The apodolical precept about avoiding all familiar intefcouife with 
 fcandalous (inners is out of ufe. By all this we may fee that few 
 churches can boait of a pure difeiphne. But fuppo(ing that true dif- 
 cipline might be found in fome places, yet how many defe6h do creep 
 into the bed condituted churches, either through the dubbornnefs of 
 finrers, the oppofition of corrupt magidrates, or the fault and care- 
 Icdiiefs of padors? The bed laws are good for nothing v^hen not obfcr- 
 ved : fo that whether thofe who ought to exercife difcipline for the gi- 
 ving a dopto fcandals, do it not, or whether they have not the power 
 to do it, it is dill true that corruption proceeds from the want of dif- 
 cipline. 
 
 What mud we fay then of thofe churches where difcipline is whol- 
 ly mknown ? where neither church nor padors have any auihority to 
 govern or infped j where miniders dare not exclude any one from 
 
 thq 
 
Present Corruption of Christians. 295 
 
 the facrament, but admit all perfons indifferently to the holy commu- 
 nion ; which abufe would have been thought an uhheard-of profana- 
 tion in the primitive church ; and where all public cenfures are out 
 of doors? I fay nothing of excommunication ; if any man fhould pro- 
 pole the refloring ot it, his dcfign would hz looked upon in many 
 places as an unpardonable crime; and the ftrangeft thing of all is, 
 that this want ofdifcipline is to be found in churches, which acknow- 
 ledge the fcripture for the rule of religion ; and that there are divines, 
 who, inftead of promoting the re ellablilhment of difcipline, oppofeif, 
 and maintain, that none are to be debarred from the facram.eht; who 
 cannot endure the very name of excommunication, and who pretend, 
 that v/liere the magiflrate puniflies vice, there is no need of any other 
 difcipline. Thofe divines have not the greater number on their fide, but 
 their opinion prevails, becanfe it favours policy and licentioufncfs. 
 
 We are to impute to this fatal remiiTiiefs, the loofenefs and irregu- 
 larity of the manners of ChriHians. I need not infill: more upon this, 
 for every one is fenfible of it. Good order keeps men in dut}' ; but 
 where there is no order, vice muft of necefiity bear (way. What 
 fliould reftrain people? excepting Ibme general admonitions which are 
 delivered in fernions, every perfon is left to bimfelf, and lives as he 
 thinks fit. Private men are not bound to give an account of their con- 
 duct to any body. Thofe who lead the mod unchriftian life, f .vear- 
 ers, covetous, profane, leud, and intemperate pcrfbns, all forts of peo- 
 ple, live peaceably in the church : they are reputed members of it, 
 they are mingled among true Chrifhans, they enjoy with them the fame 
 fpiritual privileges, at lead: in all outward appearance, and they are 
 admitted to the fame facraments. As long as things are in this (late, 
 we muft not hope to fee any abatement of corruption. 
 
 But that nothing may be omitted which may contribute to the clear- 
 ing of this matter, it is neceflary to anfwer fbme objections, and that 
 which is alledged to excufe, or even to juftify the taking away of the 
 ancient difcipline. 
 
 I. Againft the reftoring of difcipline, fome fay, (which was ob- 
 jected in the laft age), " That it islufficient for the edification of the 
 " church, that the gofpel fhould be preached in it; fince that is the 
 ** ordinary means which God has appointed to procure the conver- 
 " fion and the falvation of men ." ' The golpel no doubt is fulHcient to 
 teach us all that is necefiary to be known in religion ; but it is not true 
 that God makes ufe only of the preaching of the gofpel for the fal- 
 vation of men : for he ufes other means befides, as for inftance, the 
 facraments; and thofe means, among which difcipline is to be rec!;on- 
 cd, are prefcribed by the gofpel itfelf j fo that whofoever flibmits to 
 
 the 
 
i()6 Want of Discipline a cause of the 
 
 the gofpel, muft likcwife fubmit to that order we fpeak of. Preach- 
 ing is, without difpute, a pait of the office of paftors : but it is a great 
 roilbkc to think that God has appointed them only to preach ; for they 
 are intruded bcfides with the government of the' church, and this part 
 of their employrtient is at leaft as eflential as preaching. It is remajk- 
 abie, that the fcripture fpeaks of pallors in divers places: and that the 
 titles it gives them, and the fun^lions it afcribes to them, relate chief- 
 ly to the government of the church. This is implied in the name of 
 biihops, priefts, or elders, guides and paftors. Paul has writ concern- 
 ing the duties of the miniftry ; if we examine what he fays of the func- 
 tions of that charge, and of the qualifications of thofe who are to be 
 admitted into it, we fhall find that he is much larger upon the govern- 
 ment of the church than upon preaching. To this purpofe the E- 
 piftles to Timothy and Titus may be confulted. 
 
 But further, all churchmen are not called to preachin^^. The a- 
 pofile<5 diftinguifli their fundlions; they tell us, " That all are not 
 " 3^o£tors, that all do not interpret, that all do not adminiftcr the word, 
 " that all do not teach and exhort ; that fome are appointed to inflrud, 
 ** to exhort, and to expound the fcriptures, others to govern, and 
 *' others to do works of charity, See i Cor. xii. ^. 5. 6. 28. 29. 
 qo. A£ls vi. 2, &c, Rom. xii. 6, 7, 8. i Tim. v. 17. Though we 
 ftiould fuppofe that there is nothing in this which relates to the ex- 
 traordinary gifts conferred upon the firfl minifters of the gofpel, and 
 to the order which was then obferved ; yet it is plain that ihele pla- 
 ces are to be underdood of the gifts and fun£tions of ordinary paftors. 
 
 This is confirmed by the pra61ice of the primitive church. The 
 principal and the moft general funftion of paftors then was, the infpec- 
 tion and governing of the church. Preaching was not neglcfted, but 
 cU churchmen were not preachers ;) this province was committed to 
 thofe who were fit for it. Would to God this diftin£lion wasffill ob- 
 ferved ! the church wouid be better governed, and the gofpel better 
 preached than it is. There are talents requilite to preach the gofpel, 
 which every body has not, and others are neceflary for the conduct 
 of the church •, and all thefe gifts f eldom meet in one perfon. If then 
 no regard is had to different gifts and functions, if, without diftinftion, 
 every thing is committed to one perfon, it is vifible that the church 
 will be ill edified. But further," the gofpel barely preached and 
 known is not fufficient to falvation ; nothing but obe3ang the gofpel 
 can fave a man, or believing the gind tidings of it, for ourfelves ia 
 rarricular, whereby it becomes the power of God for our falvation ; 
 and it is to little purpofe to preach it, if the manners of Chrifiians 
 arc net regulated, and if difcipline is not ufed to that end, as a mean 
 appointed of God, 
 
 2. Thofe 
 
Present Corruption of Christians. 297 
 
 2. Thofe who are for my{l:ical devotion and piety will certainly 
 fay, " That difciplinc is not eHential to religion ; that it is a martef 
 " of external order ; and that external things are iifcful only to car- 
 *' nal and Imperfe^l Chriflians " But I defire thofe who hav.c fuch 
 opihions to fpcak more reverently of an order of which God is the au - 
 thor, and which the apoftles have fo exprefsly recommended. It can- 
 not be thought that the apoftles, who did abolifli the Mofaicnl cere- 
 nionics, would at the fame time have burdened the church with need- 
 Jefs laws ; or that they would have interpofcd Chrift's authority, for 
 the obfervation of an order which had not been necefiary. They are 
 dcfired to confider befides, that men have bodies as well as fouls; tliac 
 among a great multitude, there are many pcrfbns of a grofs under- 
 Handing, who cannot bj/ retrained but by external laws -, and that 
 it is abiiird to pretend tWat men can be fo fpiritualized, as to need no 
 longer outward aids to piety. But it is a grofs error to look upondil- 
 €ipline, as an order purely external : for, properly fpcaking, it is aii^ 
 order altogether fpiritual. Difcipline does not touch either mens bo- 
 dies or their cftates, it ufes only fpiritual means; and it is efficacious 
 no farther than as it operates upon the heart and confciencc. 
 
 5. But others will cad the obje(^ion I have now confuted into this 
 form ; they will fay : '^ That in external things, among which difcipline 
 ** is to be ranked, churches are at liberty to regulate themfelves as 
 *' they tl-ynk good." 1 grant that churches have that liberty in v\~ 
 different things, which are not appointed by a divine authority ; but 
 this cannot be applied to the matter in hand. An eflabhfliment of 
 divine inftitution cannot be reckoned among things indifferent. Do 
 we look upon the facraments as indifferent ceremonies, which wc are 
 not bound to obferve, under pretence that they are but external rites 
 and ordinances ? Churches indeed have a liberty where there is no lav/, 
 though dill that liberty is to be wifely and difcreetly ufed, for fear of 
 confufion : but when God has fettled an order, churches are not at 
 liberty tochufe another, to make new laws, and to fet up a new form 
 of government. Such a liberty would be mere unrulincfs, and a cri- 
 minal and facrilegious prefumption. This would be the way to mul- 
 tiply fe^ls and refigions to a degree impoflible to be afcertained. 
 
 4. The fame anfwer may ferve to refute fuch who, 19 juRify tlic 
 pra£lice of thofe churches which do not obferve the form of difciplinc 
 ufcd in the primitive church, make a dillin^fion between difcipline and. 
 the manner of exercifmg it. They own, *' That difcipline is nccef- 
 *' fary, and lliat there ought to be order in the church : bitt they think 
 *' that the way of exercifing difciplinc may vary, according to tim.c, 
 <' phce, and other circumOanccs." This di(lin(f?ion may be' received, 
 
 Q^ q Vi hcii 
 
?9^ Want of Discipline a Cause of the 
 
 when tlie cafe is only about fome indifferent circumltances; but it is 
 sliedged without reafon, when the queftion is concerning thefubftanre 
 or the eiTcnce of the thing irfelf: The difbrder we complain of is, 
 that what is eircntial in dUcipiine has been taken away, to fubflitute 
 in lieu (rFit another order, and fet up a new difciplinc of which the 
 apo'Hes did not fpeak a word Now, that which is moft elTcntial m 
 d'.fcipline, and wliich is not obfjrved in niofi: churches, is this, that 
 Icandalous (inners are not to be'faiTered in the church; and yet they 
 are fuffcred : that ihey are to be warned and reproved in private, and 
 even in public; thir, is fcldom done, and in (bme places never done : 
 that Chriuians onght to (eparate themfelves from thofc who live dif- 
 orderly; and this is not obferved : that upon certain occalions, they 
 are to be cur off from the body of the faithful; hut padors dare not fo 
 much as mendon this: that the adminiftrationrof difcipline belongs to 
 paflors; that they ought to prefide, proceed, and judge in all emergent 
 cafes. The fcripture gives them that right, and afcribes to them 
 thofe offices ; but they have been diverted of them ; new political bo- 
 dies have been creeled, in which tliereis but one churchman or two, 
 for form's fake, who often have neither voce nor authority in them. It 
 is rf divine right that finners fhould give real proofs of their repent- 
 iince ; as, for inflance, by making reihtution, by reconciliatiops, by 
 acknowledging their fault : but this is not now required of them ; nay, 
 in ihw.c churches it is not fo much as inquired into. It is againft all 
 the lawsc'f difcipline, that none Ihould be excluded the holy commu- 
 nion, and yet in moft places this is not regarded, LalUy, ft is an a- 
 pollojical order and practice, that finners ihould be received to the 
 j'cace of tlie church, but it is after they have fliev/ed themfelves fit 
 for it, by a flncere, and if the cale requires, by a public repeiuance ; 
 but now a-days thofe ancient rules of dilcipline are abolifhed. 
 . After all this, ran it be faid that no alteration has happened in the 
 e{Tence of difcipline, but only in the manner of it ? cenlurcs, fufpen- 
 h'ons, excommunication, ajid the authority of paftors are taken away; 
 the go'. ernment appointed by the fci iprure is overturned; another and 
 quite diiTerent form is brought iuto the room of it; and yet people will 
 iay. That the queflion is not about the thing itfelf, but the manner. 
 it is not fufiicient .o have any kind of order ; the order which God 
 has prefcribed, and no other, ought to be obferved. Some circum- 
 fiances may be varied according to the necelfities of churches, but the 
 Jubit;.nce of the thing itielf is unahcrable. 
 
 S. AJany are of opinion, 1 hat the authority of rhe magifirate fup- 
 plies the wan: of difciplinc, and that this viay is by much preferable 
 to the other. I conftf?, that the puniflMn^nts inuicled by the magi- 
 
 llrate 
 
Present Corruption of Christians. 299 
 
 flrate upon fcandaloiis livers are of great ufe; that magiflntcs who ufe 
 their authority to fiipprcfs vice are very commendable ; ai)d that dil- 
 cipline is of much greater force, when fupporrcd by the authority of 
 civil powers. But flill the divine inftiiuiion is to be preferved entire ; 
 it does neither belong to the magiftrate, nor to any power, to alter that 
 which God has commanded, and to deprive the church of her right. 
 After all, the difcipiine of the magirtrate is not the difcipline of tlie 
 church ; thefe are two diflinft things, and of a quite difibrent nature. 
 The magiftrate ufes external and corporal puniflimenfs ; f nes, im- 
 prifonments, banifliments, force, &c. Thefe methods are certainly 
 ufeful ; they may terrify finners, and in feme refpecls keep them in 
 awe and duty : but befides this, it is neceiUiry to work npon \he heart, 
 and to bind the confcience by thofe methods which difcipline ufes -, 
 or Gik it is to be feared, that we fhali only make hypocrites, an« 
 that men will abftain from evil more out of the fear of puniflirnent, and 
 upon temporal confiderations, than from motives of confcie/.ce. 
 
 Nay, there are people, who, if they had nothing to fear but a line, 
 or fome days imprifonment, would gladly purchafe at that rate the li- 
 berty of finning; and fancy that, provided ^fatisfaiftl on be r^adc to the 
 magifirate, there is no more to be done for the clearing of tiicir con- 
 fcience, Befidcs, what a diforderly thing is it, that an oifcnder who 
 is profecuted, fined, and imprifoned by the magillrate, IhouldftlU be 
 treated like a member of the church, and admitted to the holy facra- 
 ment? The magiftrate's authority is therefore a very efficacious mean 
 to promote the glory of God, when it isjoined with ecclefiallical dif- 
 cipline : but to think that civil laws are fufficienc to regulate manners, 
 and to reclaim finners, is a conceit almofl as unreafonable, as it 
 would be ridiculous to proceed againlt robbers, or the other difturbers 
 of the public peace, only by (JMritual punillimenrs. Let no man 
 then confound thofe things which God has fet afunder 
 
 6. It is farther faid, "' That thefe rules of difcipline were only 
 *' for a time ; and that the times are altered." But how can 
 it be proved, that the laws of difcipline were made only for a 
 time .'' is there any ground for this, either in the fcripture or in 
 the nature of thofe laws.'' are the laws of difcipline like thofe of 
 Mofes, which do no longer bind us .'' did the apoftlcs make this 
 di{lin£iion ? did Paul fay upon this fnbje6t, as he did in another cafe, 
 " 1 only give my judgement ; 1 have no commandment of the Lord .'' '* 
 1 Cor. vii. Does he not fpeak pofitively of the order according to 
 which the church is to be governed.'' does he not command in the 
 name of Jelus Chrifl ? does he noteflablifn general laws and maxims 
 for all the churches .''« The apoftles indeed appointed fome rules; the 
 obfervation ofwhich is not nccefiary at this day, becaufe thofe regula- 
 
 Q_q 2 tioiis 
 
300 Want of Discipline a Cause of the 
 
 tions were vifibly founded upon particular reafons which do no long- 
 er llibfift; and therefore they are not propofed as general laws. But 
 the reafons upon v/hich difcipline is founded, and which arc taken from 
 order and edification, from the honour of the church, from the re- 
 formatio'^ of finners, and from the nature of the Chriftian religion, thofc 
 reafons do ftill fubfill; and cowfequentiy the rules of difcipline are 
 lacred and inviolable, efpecially being delivered by way of command, 
 and repeated in fo many places. The Chriitian church is to be dif- 
 iiifcd all the world over; fometii-nes flie is perfecuted, and fometir.ics 
 ihe enjoiys a calm: but whatever ftate fhe may be in, her nature docs 
 not alter. 'As there is but one God, one church, one faith, one bap- 
 tifm, ib there is to be but one order, at lealt as to effential things ; and 
 that order ought to be conformable to the laws of the apoftles. Or 
 elfe there will be, as in fvCz we fee there are, as many different cu- 
 flomsanJ difciplines^ as there are kingdoms, dates, provinces, nay 
 towns and churches. 
 
 7. It is commonly objected, " That the zeal of the primitive 
 '• Chridians is extinfi: ; that men are now very corrupt; and that it 
 '• would be impofiible to bring them to a fubmiffion to the difcipline 
 " of the church." But that very thing that men are corrupt, proves 
 the neccffity of difcipline. Order is never more neceffary than when 
 Jill is in confufion. Paul fays, " That the law is not made for a righ- 
 *•' tcuus man, but for the lawlefs and difobedicnt " iTim i. 9 Difci- 
 pline fecms more ncccflary now, than it was in the firft centuries: 
 becaufe then perfecution kept corruption out of the church : but when 
 the church is in peace, vices'and fcandais do infallibly multiply ; and 
 then it is that good difcipline is of excellent ufe. 
 
 But then it is laid, " Th:.t it v/ouid be impoifibletoreflore it, con- 
 *' fidcring the diCpoiition men are now in." I confefs this defign 
 would meet with oppofition Thofe who go about to reltore order 
 nnd- fupprefs liccntioufncfs, muft flill encounter difficulties ; but yet 
 this might be compalled, if princes and magiftrates did not oppofe it. 
 If all the paftors did fet about it, with a zeal, accompanied with pru- 
 dence and gentlenefs; if they did carefully inflruft the people con- 
 cerning the neceffity of difcipline; and if they did apply themfclves 
 to the civil powers wiihecjual vigour and relpeft, they would carry 
 the point at lafl. After all, the people are not in a vvcrfe difpofition 
 tlian.the Heathens were in before the apoflles preached the gofpel 
 to theni ; and there arc Chriftian princes and magiflrates who have pie- 
 ty and zeal. If then the Heathens of old could be brought under 
 the difciplinebf Chrifl, in the fight of Heathen magiftrates, fhould we 
 dcfpair of fubjed:ing Chriflians to it ? The inflancc of thofe churches 
 
 where 
 
Present Corruption of Christians. 301 
 
 where difcipline is obferved, at leaft in part, and where excommuni- 
 cation and public farisfa£lions are in ufe, fhews, that there is no im- 
 polTibility to fucceed in this defign. If the thing was impoffible, God 
 would never have commanded it. 
 
 8. In the laft place, Here is an objedion which is commonly urged 
 with great force, and which feems to have much weight in it. It is 
 faid, " That we have reafon to fear that difcipline would bring ty- 
 *' ranny into the church ; and that thofe who govern it, would then 
 " alTume too much authority." Let us fee whether this fear be well 
 grounded. 
 
 And firfi:, If we fuppofe this principle, that difcipline is inftituted 
 of God, and that the apoltles committed it to the church and her go- 
 vernors, which I think has been fully demondrated, will it no be a 
 kind of blafphemy, to fay, That difcipline is not to be fuffered, left 
 paftors Ihoiild become tyrants ? would not this refleft upon our Sa- 
 viour and his apoftles, as if they had eftablifhed a dangerous order, 
 which is apt to introduce tyranny ? At this rate the apoTUes and rhe 
 primitive Chriftians did incroach upon the liberty of the people, si.d 
 the authority of princes. Every ChrilVian will abhor this confequence ; 
 and yet it refults naturally from the opinion of thofc who reject dif- 
 cipline for fear of tyranny. Befides, fuppofing that Chrift has in- 
 ftituted the order we fpeak of, can we thus argue againft it, without 
 fliaking off his yoke ? But men do not confider this. They fancy 
 that every thing that is granted to the church is granted to her gover- 
 nors; whereas they fhould remember that it is paid or yielded to 
 Chrift, whofe right it is, and who cannot be defpoiled of it without 
 facr^lege Here we might retort the charge upon thofe who bring it. 
 They talk of tyranny ; and is it not an intolerable piece of tyranny, 
 to oppofe a divine law, and to debar the church and her governors of 
 the enjoyment of thofe rights which God has given them ? 
 
 But to come clofer to the objeftion Nothing can b? feared but 
 one of thefe two inconveniencies, either an empire over confciences, 
 or fome prejudice tO the public tranquillity, and to the authority of 
 civil powers. 
 
 As to the firft of thefe two inconveniencies, there is no great rea- 
 fon to fear it, ii nee the apoftles, whofo exprefsly recommend difcipline 
 to partors, forbid them at the fame time to alTLtme a dominion over 
 confciences, provided difcipline is ufed only in thofe cafes, aid in 
 that manner which the fcripture appoints, and as it was pra£iifed by 
 the firft Chriftians; 1 Pet. t. 2. ; 2 Cor. i. 24. Nothing like this is 
 to be feared from it. As to thofe cafes which concern manners, in- 
 
 julticc 
 
joi Want of Discipline a Gause of the 
 
 juftice can hardly be committed about them. The church does not 
 judge of fccret and unknown faOs. She only proceeds againft ncto- 
 rioufly fcandalous and impenitent finners, and fhe receives them as 
 foon as they exprefs their repentance ; and is there any thing of ty- 
 ranny or danger in this ? It is proper to obferve here, efpecialiy with 
 reference to excommunication, which is thought the (evereft part of 
 difcipline, that when the church proceeds to that extremity, flie does 
 not, jToperly fpeaking, aft by way of authority, as if fhe had an abfo- 
 lute power to punifh a (Inner, and to cut him off from her body : but 
 that (inner has already by his life cut himfelf off from the communion 
 of Chrift ; he is no longer a member of the church ; fo that the church 
 only declares, that which is done and determined already, though 
 ihe fhould not declare it. 
 
 Neither is there any caufe to fear that the public peace (lion Id 
 be difiurbed by the excrcife of difcipline. On the contrary, focie- 
 ty will be the better regulated for it. For difcipline docs not touch 
 civil matters. Excommunication itfelf does not hinder a man from 
 being ftill a member of the commonwealth, nor that all the duties 
 of jullice and humanity fliould be difchar;'_ed towards him. 
 
 As for the authority of civil powers, it is no wife injured by this, 
 as evidently appears from the fir ft Chriftians e:iercifing difcipline o- 
 penly in the fight of the Heathen magilirates, without any oppofition 
 from thcra Chrift did not come into the world to erect a temporal 
 kingdom, nor to draw men off from their fubmiffion to the authority 
 of £ngs and magiftrates. It is the principle of a true Chriftian, " to 
 ** render unto Cnsfar the things which are Cjefar's, and to God the 
 *' things which are God's ;" Matt xxii. 2 1. This principle will not de- 
 ceive a man ; and as long as we adhere to it, .all things will be in or- 
 der. Religion is fb far from giving any juft umbrage to princes, that, 
 on the contrary, it flrengthens their authority. Submid^on to the high- 
 er powers is recommended by the apoftles ' the fnoft earneft manner. 
 The ChriPdans of the firft ages, who were very ftrift obfervers of 
 difcipline, di(hnguinied themfelves by their loyalty to princes. Nay, 
 it is obfcrvable, that their difcipline which was fo fevere againfl fin- 
 ners, was as ftrift againft thofe who were wanting in the fidcliry and 
 refpcft due to (upcriors ; witnefs that canon, which enjoins the de- 
 pofition of thofe bifliops and clergymen who fhould offer an affront 
 to the prince or his officers. 
 
 Whoever will take the pains to weigh this matter, will acknow- 
 ledge that difcipline is a diffmft thing from the civil power. Each 
 of thefe has its bounds and limits The church does not touch the 
 body nor ci^il matters, and it is not the magiftrate's bufincfs, to regu- 
 late 
 
Present Corruption of Christians. 303 
 
 late things relating to confcience and falvation. Indeed, if magiftrates 
 imagine tliat they have a right to govern the church as they think fit, 
 ^nd that they hold the fame rank in it which they hold in the civil 
 fociely, fo that the minifters of religion are but their officers, difci- 
 pline may feem to them to leflen their authority : but let thole who 
 entertain fdch thoughts, fee how they can reconcile them with the go- 
 fpel, and with the nature of the Chriftian religiob. 
 
 Notwifhllanding all this, it will be faid. That churchmen have been 
 known to ufiirp a dominion over confclences, and over kings. It is 
 true, churchmen have abufed their authority; but becaufe a thing has 
 been abufed, is it therefore to be aboliilied ? wife men will rather fay. 
 That things ought to be reftored to their natural ftate, and to their law- 
 ful ufe ; ejfe the whole authority of kings and magiftrates might be 
 pulled down: and we might argue thus, monarchical government is 
 liable to great inconveniencies, kings have been tyrants and ufurpers, 
 therefore there mud be no more kings j magiftrates and judges have 
 been unjuif, covetous, cruel; and therefore no magiftrates are to be 
 endured. Would not this argument be extravagant and impious ? and 
 yet the like argument is ufed againll difcipline. In church, as well 
 as in ftate government, there will be always fome inconveniency to 
 be feared ; this evil is almoft unavoidable, there being no form of go- 
 vernment which the malice of men may not abufe : but thofe abufes 
 are, without comparifon, a lefs evil than anarchy, which is the moft 
 dangerous ftate of all. 
 
 But let us clear the matter of fa^i: upon which the objeiflion I am 
 now confuting is founded: It is fuppofed, that difcipline did introduce 
 tyranny ; but, on the contrary, it was upon the ruins of difcipline that 
 tyramiy was erected. This is known to all thofe who have any 
 knowledge of antiquity. When did biftiops and clergymen ufurp that 
 exceffive authority over mens eftates, perfons, and confciences ? It was 
 when tlie obfervation of the ancient difcipline was Slackened ; when 
 difcipline began to wear out of ufe; when finners, and efpecially great 
 men, were exerfipted for money ; when that which fiiould have been 
 tranfa^led by the whole church was referred only to the clergy ; and 
 when public confelTion was changed into a private one. It was by 
 thefe means, and not by the due exercife of difcipline, that church- 
 men made themfelves mafters of all. 
 
 What v- ought to do then is this, firft, to enquire what is of di- 
 vine inftitution in difcipline, and to reftore that; in the next place, to 
 confider what the reformation of finners, and the honour of the church 
 require, and what was good and edifying in the pra<^ice of the primi- 
 tive church, in order 10 conform to it; and, laftly, to provide, by 
 
 good 
 
304^ Want of Discipline a CaxJse of the, &:c. 
 
 good laws, that no man may exceed the bounds of his callFng ; parti- 
 cularly, that in reftoring tothc-clergy their lawful aurhoriry, alljufl 
 meafures be taken to prevent their abufing it. If Chriftian princes 
 are bound to preferve the rights of the church, they ought likewife 
 to take care that nothing be done againfl: their own authority, and to 
 punifh thofc who oppofe it, or who difturb the civil fbciety, whether 
 ecclefiailics or laymen. 
 
 ' Befides, when we fpeak for the re-eftablifliment of difcipline, v/e 
 mean, that paflors fhould be fubje61:ed to it as well as their flocks ; and 
 that if there is an order in the church to regulate the mannd-s of 
 Chriftians, there fhould be one alfo to regulate the clergy, and to lay 
 ftrift obligations on them to difcharge their duty in all ifs parts ; and 
 that, according to the ancient practice, difcipline ought to be^more fe- 
 vere againfl the ecclefiaftics, who fail in their office, than againft 
 the people. 
 
 I conclude with faying, that, in order to remedy the corruption of 
 manners among Chriftians, it is abfolutcly neceflary to reflore the ufe 
 of difcipline. This is what has been; and is ffiU heartily wiflied for 
 by many perfons of emiiient learning and piety ; and it is that which 
 I defire all thofe who have a zeal for the glory of God, to take into 
 their ferious confideiation. 
 
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