¥%:" vC^V; Xi " -' ■ •^-- .^-A, PRESENTED TO THE LIBRARY OF PRINCETON THEOLOGICSL SEMINHRY ^ I |VIrs. Rles^andei* Ppoudfit. BY .# ■1 A / (7 \. -■' \ -*"'" r V, (^*-#*f^^^*^<* .«^4-c<_- / y r" COLLECTIONS A N D^ OBSERVATIONS Methodiz'd ; Concerning the WO RSHIP, DISCIPLINE, and aOVERNMENT of the CHURCH of SCOTLAND. In Four BOOKS, Contra Rationem, nemo Sobrius , ' Contra Scripturam, ne- mo Chriftianus , Contra Ecclefiam, nemo Pacificus fen- ferit. , EDINBURGH, Vrinted by the Eiirs and Succeffors of hndiXtvf Anderfon, printer to the QUEENS moB Excellent MJJESTT, Anno Dom. M DCC IX. ^. ■■■8MMMI I 1 To the Honourable^ Sir JOHN MAXWELL OF Is/ ETHER-POLLOCK, Knight. Baronet; One of the Senators of the College of Jiiftice. My Lordy T was Matter of Regrate, efpecially about the Be- ginning of our Happy Revolution m the Year One Thoufand Six Hundred and Eighty Kine, that the Judicatories of this Church, very much wanted fix'd and eftabhili'd Rules, for dircding their Proceedings ; Or, thoV they had them, yet they lay fo Icattercd and hid, that Intrants to the Holy Miniftry, and the Younger Pa- ftors, yea- even fome among the more Aged of that'Sacred Order, were too much Strangers to them. The Confide- \ 2. ration [ ] ration whereof, did chiefly move me to fet about this Work : And if my Endeavours herein, may but a Httle contribute to the Benefit or Service, of the Office-Bearers and Guides of this Church, it is a Reward greater than I deferve. However, to teftifie the Honour and Refpefl: I have for your Lordfliip, I Dedicate them to You, one of Her Honourable RuUng Elders. It gives no fmall Satif- faflion to all Honeft Men who know You, that Ye fliil Enjoy the Ancient Heretage of Your Honourable Family, in Defpite of all the Illegal Attempts made againfl: both Your Excellent Father and Your Self, under the two Reigns before the Year One Thoufand Six Hundred and Eighty Nine. But above all, it is Ground of Praife to GOD, That You Walk in the Steps of fuch a Father, and thofe of Your Pious Mother. That You may all the Days of Your Life go on, and Serve Your Generation according to the Will of GOD, and in the End be Gathered to Your Godly Progenitors in His Eternal Glory, is the Hope and ;Wi{h of My LORD, r Tour Lord/hips very Humble Servant, WALTER STEUART. C 1 The Preface. Have already, in my Dedication, hinted at the Dcfign and Ufef ulnefi of theje Colleftions, unto the Ojffice- Bearers in this Church ; And if there he yet among them any want of Uniformity or Exaftnefs in the Ex- ercife (?/^/?^ Difcipline, Worfhip ^«^ Government thereof^ it may not vpitbout Ground be imputed to our not Training up the Students 'of Theologie ex profeffo at Univerfities, in the Knowledge oj ihefe as well as in Her Doflrine. Therefore^ to prevent all Grounds for fearing of fuch Ignorance, and the had Efreics thereof ; it were ft, that Profeffors 0/ Divinity were injoined to give their Scholars Leffons on thefe Subjects : And till a better Compend be compofed, thefe Co\\tQ.\ons> are humbly offered, to be recommended by Profeffors to their ^tw dents ; For, except this Siibjefl: be ftudied and under flood by Minifters and Elders, their Memories may well be burdened with their Duty, but their ]udgmtnts, till then, fhall Jiill re- main ignorant and unjatisfied about it. Now, as for thofe of our Neighbour Churcbesi» this Mdthe other Ifland, who now differ from us, I hereby prefent them with that Form of the Houfe of GOD in SCOTLAND, with tiphich their Pious, Wife andheamed Predeceffors did once fa Fajfwnately defre Uniformity. So that when ever it fhallpleafe eur Great and Good GOD ^a ^»;;»rff^^ ^^fr^/r Succeffors23?/V^ C ] the like Spirit, they may fall about BxxAdimg conform to this Pat- tern. Not that I propofe this Work as the Deed of the Church of SCOT L A N Dy vr of any Judicatory therein ; only in fo far as what is Collefled or Obferved in it, fhall be found Sup- ported by their A(3:s or Univerfal Cuftoms. 7he Materials of thefe Colledions, and in Particular, of what is f aid on that Title concerning Parochial Vifitations by Presbyteries were chiefly gathered from, and lay fcattered among the Old ^«^Late Manufcript and Printed Afls of General Af- femblies,^ the Overtures concerning Difcipline, Tranfmitted by them to Presbyteries, the Direfl;ory for "VVorfliip and Church- (jovernment; ^«^ ?/;^ Conilitutions ef fome other Churches ■hai'e been Helpful to the Compleating of the Compofurc. Be* fidey 1 thought it not Improper to Add, here and there, .fome Hints of Civil Laws, which I hope the Reader will not find Un- ufef ul or Impertinent, [eing there are fome Circumflances con^ ■cerning the \Vorlliip of GOD, and the Government of His Church common to Humane Adlions and Societies, which are to be Ordered by the Light of Nature and Chriftian Prudence, according to the General Rules of the Word. / have divided thefe Colleflions into four Books, The Firfl Treats c/ Church Government,, which principally concerns Her Office-Bearers and Judicatories. 7he Second is concerning the Worihip of GOD and Sacred Things, witjpwhat Relates /(? ^/>^ Maintenance thereof. The Third and Fourth Books Treat of Ghurch-Diicipline; Ihe One concerning Errors and Scandals; And the Other afout the Method of Reclain?ing and Genfuring tj).e Erroaeous ^/^iaf- Scandalous.. ERRATA. pAge to: Line i6: for Mmfiers Call^ read Mnifter Calls, Page 30: Line 30; for Ap- ^ ■plications, read AjftplificAtions. Page 33. Line 12. read hy Promije and Supplication, Jhid: Line 17. for § ip. Tit. 2^. read § 11. Tit. 8. Page 35. Line lo. for /^, read ^r?. P. 4"). Z/. 3. for where, read w^e«(rf. /». 58. L. 21. for fo Reprefent, read fo he Feprefented. T/ige 78. Z/. 18. dele ^f i^. /Wrf. Z/. ip. for fo />? ^ck^f^,read he-is to be Rehuhd. P. 8^. 'Z^: 7. for /^/V, read their. P. 87. Z: 10. foxperpetmt, resid per petu/il. P. 127. Z. 14. for yfhenjXQzdthen. P. i^p. Z. 19. for i'545. read 16^.5. P. 146. Z/. 2. for mutus pcrdu- cet, rf<«ri mutuus perduret. P. 158. L. 28. forCenJnre, read Conferre. P. 160. Z. 16. for Orderly, xczdDiJorderly. P. 183. Z. 3. for Rolls, read 5o//;, P. 203. Z, i. read to Intro- vtett. P. 24P- Z. 21. for f/)eir, read other. P. 254. Z. to. read Vagahmds. By Car. 2: P. 255. Z/. 21. for were, read »?4j. P. 260. Z. 23. dele 4;. P. 262. Z: 30. read Relapje, P. 271. Zr. 3. for cAjter, xtadjafer. P, 2pp. Z. 5. for Af ^f^r Titles ver their Flocks ^ Sometimes Mmi/lers^ becaufe of their ^jl^jgnity Service , Sometimes alfo Presbyters or Se?iiors^ for the in the Gravity of Manners which they ought, and are fuppofed vZ ofPo'^'^ have, vide Polity of the Kirk, Cap, 4. By the Ad cf Af- "perL i^tirhly Decefnb, 17, 18. 16^8, Art. ig, Seing the Ofhce. of Diocefan or Lordly Biihop is removed and abjured by this Kirk, it's thought fit that all Titles of Dignity, favour- ing more of Popery than of Chriftian Liberty, as Chapters with their Eledions and Confecrations, Abbots, Priors, Deans, Arch-Deacons, Preaching-Deacons, Chanters, Sub- Chanters, and others, having the hke Title, be no more u- fed hereafter, under pain of Church Cenfure. S 3. When OliS C 3 3 S'^.When the Presbytery are well informed that a Parifli, intimati- for the raoft part, is Unanimous to eled a fit perfon to be ]^f^^ ^^^^^^ their Paftor: Then they are to appoint One oftheirNum- ''.^'' ^•er to preach on aLord's-Day in the vacant Congregation, ,;;^^; /^y ^^^^ and, after Fore-noons Sermon, to intimate, that Eiders, Vit- Presbytery retors,Magiflrates,andTown-Ccuncil (when that Vacancy ^«/ ordina- happens in a Burgh-Roy;d) and Heads of Famihes diomtk^'^b ^ftance, the comfortable Living of Minifters miv much depend, the 33 AB, ^e[f. 2. of K. William and Q, M^/vVs Parliament hath joyned them ( being Prrtcftants ) with the Elders m fubf . ribing of Calls to Minifters. It i^ to be minded, that both Seffion and Town-Council do fnbf ribe perfonally as the Heretors do. Bv the abave-mentioned Ad ot Allembly, no perion, under the Cenfure of the Kirk is to be admitted to vote in the Eledion of a Minifter. By A 2 the C 4 ] the 6 AEl of the 4 Sejf, of K. William and Q, M/^ri^'s P/7r/. all perfons whofoever, giving Voice in calling cf Mini- it ers, are, at their Meeting appointed for that Effed, to fwear the Oath of AUedgeance, and fubfcribe the fame, with the AiTurance. Wjen a . iJ 5- By that fame laft mentioned A61 of Parliament, it Presbytery is Enaded, That if Application be not made by the Elders vnayplanta and Heretors of the Parifh, to the Prefbytery, for the Call Vacancy^ and Choice of a Minifler, within the fpace of fix Moneths Xanquam after the Vacancy, that then the PreiLytery may proceed'' hit °" to plant a Miniiler tanqnam jure devoluto. vide, SeSi. 3, fub finem. And that forecited Act of Allembly 1 649. Ap- points, where the Congregation is difafFected or Malignant, the Prefbytery to provide them with a Minifter. Where a Parilh, or its greater part, is Remifs or Erroneous, and therefore will not, or delays to call a Minifter, the Pref- bytery, in that Cafe, by their Power from Chrift, may give a Miflion or Call to a particular perfon, and ordain him to labour in the Work of the Miniftry among that people , By virtue whereof, he hath Right to enjoy both Office and Benefice. By the 18 Canon Concilii AntAocheni, it isdeter- ' mined. Si qiiis ordinatus non ierit in parochiam ad quam eH ordinatps^ non fua quidem culpa^ fed propter popidi re- cufationefn, vel aUquam aliam canfani, quA a fe non oritur . is fit d^ honoris d^ nmneris particeps. TJjeMeet-^ ^ ^^ When the Day is conie on which the Electors were ^tfrs ' T/j^ appointed to meet, by the above-mentioned Order of Inti- Bleiiun it nation, the Minifter whom the Presbytery ordered to Mo- felf'. The derate at the Eledion, having ended Sermon, and difmif- Call/igred ; fed the Congregation, except thefe concerned, is to open The lower of ^l^Q Meeting of Eledors with Prayer, and thereafter they »T ?^'^^'^^ proceed to vote the perfon to be their Minifter, as they are arrceth to' ^^^^^^ ^P°" ^>' ^^^ Seffion-Clerk, who isalfo Clerk to that thefe pre-^ Meeting .* Which Vote being taken and carefully marked, fent. the Moderatgi is to pronounce the Mind of the Meeting, "" ^ ■" vii?i. C 5 3 viz. That a Call be given to the perfon named : Which the Clerk is to have ready drawn up to be read and figned by them in prefence of the Moderator. The Meeting of Eledors having been conveened upon the Prefbyteries In- timation, if cither Heretors, Elders, or Town-Council be wanting or abfent, their Power accrefceth to thefe prefent, they having all had the lawful Advertifement given them, and none of thefe dillind Bodies has a Negative upon an- other. § 7. We the Heretors, Elders, and Magiitrates of the v,y^of. Town-Council of ^ being deftitute of a fixed Paftor,c^// and being moft allured by good Information, and our own Experience of the Minifterial Abilities,Piety,Literature and Prudence, as aifo of the Suteablenefs to our Capacities of the Gifts of you Mr. A. B. Preacher of the Gofpel,or Mini- fter^ at C. have agreed, with the Advice and Confent of tlio. Parilhioners forefaid, and Concurrence of the Reverend Prefbytery of D. to Invite, Call and Intreat. Likeas, We by thefe Prefents do heartily Invite, Call and Intreat' vou to undertake the Office of a Paftor among us, and' the Charge of our Souls. And furder^ upon your acceptin^^ of this our Call, promifeyoualldutyfnl Refpea, Encourage- ment and Obedience in the Lord. In Witnefs whereof &c. % 8. Thereafter the Moderator is to atteft, that con- form to the Presbyteries appointment, he did Moderate at ^^^ At- the Meeting of Eleftors, the Plurahty or All whereof pre- '^/^^^^'"^^ of fent, made choice of Mr. A. B. to be their Paftor at fuch ^ ^^^^' ^^^^^ time and place. Which Atteftation he is to fign upon the ^^^'^^^[^'^^^ Call, %ee SeB. 33. In cafe there be a Parity among the |/''5 '^ ^d^ Eledors Votes, ( that is, when they fplit or divide in their videVnvot- calling of two perfons ) Then the Moderator nmft either ing. be allowed the calling Vote, or elfe Application muil be renewed to the Prebbytery to conveen the Eledors a fe- cond time. . > , ff 9. The L 6 ■] § 9. The Right of Patronage according to Streinhis his _ Smrima Juris Canonici, is a Power to prefent a fit perfon to dfrlrihccf^^ ^ vacant Church Benefice.- Which Right is acquired feve- mhi bowac- ^^^ ways , As, I. When one gifts Ground to buiid a Church guhed at upon. 2. If with confent of the Biftiop one build a Church. firfi > 3. If one beftowsupona Church, or Mortifies tothefefer- ving the Cure thereat, fome confiderable Maintenance .• Thefe three ways are contained in that known Verfe, Pa- trojinm jackmt, Dos, jEd'ificatio, Ynndits, The \th way is, An immemorial Cuftom of Prefenting. 5. By a Privi- lege and Gift thereto derived from the Pope. 5* 10. The Right of Patronages with us ni times cf the latronages, j^j.^ Prelacy became fo twiftedwith other fecular Interefls, r^J ^d^ ^' ^^^'^^ ^^ ^^^ exprefly avowed and pleaded for as a part of 1 Prelacy. Man's private Patrimony, the Rights whereof he had fet- tled and confirmed to him and his Heirs, as thefe of his o- ther Eftate, by Charters under the Seals, and might law- fully fell and difpofe of it, and from which he could nrt be excluded without Injuftice , Thefe Rights were then tranfmitted according to the common Degrees and Rules of Blood. TJje Opi- § II. This Church maintains that the Patron's pretend- mon of this ed Privilege of a Neg-^.tive Intereft in the Call and Main- Chmchof tenanceofMinifters, is a finful and wronguous Usurpation, ^^' without Warrant from the Word of God, deftrudive of the true Liberties and Interefl of the Church, and moft fcan- daloully ofFtnfive to all Ranks of Chriftians therein. This is gathered from their Writings and Sermons, and Ad of Allembiy AugitH 4. 1649. § 12. The Miniftrr who moderated the Call, and thefe Callpre- commiflionated to profecute the fame, ihall next Prejfbyte- approved ^Y ^^Y P^^^^^^^ ^^^^ ^^^^ ^o them. If they find no ground to demurr upon granting their Concurrence, tlien they are to grant the fame, which the Clerk is to fignlfy upon the Call. But if thev find Grounds to delay or refufe their Ap- C 7 ] Approbation, in that cafe thefe are to be particularly con- defcended upon in their Records : Thus the Presbytery is vindicated from Arbitrary Procedure, and Parties concern- ed have Accefs to make Anfwer for themfelves. § 13. If the Call be to a Probationer within the Prefby- ^'=^"-jF<'' teries Bounds, then the Prefby tery is to put him ^V^^'^^^Y' E^v%ants' als, in order to Ordination. But if he be under the In- orM'wiJiersl fptdion of another Presbytery, then the Prefbytery to whom the Call was firft prefented, and with which they have concurred, is to write, or fend one of their Number^ together with the Parifh Commiflioners, and defire that Prefbytery where the Probationer refides, to concurr with them in offering the Call to him, and Injoyning him to re- pair to the Bounds to which he is called, and there fubmitt to the ordinary Tryals, in order to Ordination. How the Call fhould be profecuted to a fixed Minifler, fee in the following Title. j5' 14. It is to be remembred, that no Probationer or Mi- Callwg and nilter, is to receive any Call to a vacant Congregation, but Entry of a. from the Hands of the Presbytery to which they belong : Mimfler^ is For, it is by their Determination, that the Calling and En- ^^ ^^ divec- try cf a Minifter is to be ordered and concluded. K. ^^^^li-^f^% f^, am and Q. Maries Pari Sejf. 2. Cap. 23. ' ^^^ -^ ^'-^'' f. 15. Ordination is the folemn Act of the Presbytery, o^.^//;;,^^/^,^ fetting apart a perfon to fome publick Church-Office : defer ihed : For this lee the Direciory, It is agreeable to the Word of No Mini- God, and very expedient that fuch as are to be ordained fterium va- Minilters be defign'd to Ibme particular Church, or other g^^"^- Miniflerial Charge , See the DireBory and Heads of the Polity 'of the Kirk. As alio, the icth AB, Cap. ift. of the trench Church VifcipVnie : Wherein they agree, that Mini- fters fhall not be ordamed, without afligning them a parti- cular Flock. Af r-f - § 16. By the fame Article Minifters mufl be ft for the^^^^^^'j ^^^ Flocks which fhall be afligned unto them. And by the Ac\ L^fg^i f^ (-^ their Faf^ C 8 ] of xA.{lembIy 1596, Y^tifitdDecember 1638, it is determined. That becaufe Men may be fit for fome places, who, are not meet for others : The principal Places are to be provided with Men of moil worthy Gifts, and none are to accept of a greater Charge than they are abJe to difcharge. Indeed when a Minifter is endowed with Prudence, and hath Love and Refped from his People, a greater Charge will be ea- lier to him than to another. § 17. On a Probationer's accepting of the Call of a Pa- TryalsofanYl^ii^ which is underftood to be d.^ne when he fubmitts IMii^lh- ^^"^^^^^^^ ^^^s Presbytery to undergo his Tryals in order ry^ AndCer- ^^ Ordination, he is by them to.be tryerl, as when he was v'ing-ofhis Licens'd (for which fee that Title) except the Homilies Edici, and previous Catechetick Tryals. When the Presbytery is fatisfied of his Try-'is, they feiid ont: of their Number to preach in that Congregation, and after Forenoons S.r- mon, to intimate to them, that the Probationer whom they have called to be their Minifter, his Edift was now to be ferved. Which Edid, after Reading by him or the Pre- center, is to be affixed by the Beddal upon the moll patent Church-Door ; The Tenor whereof is as foiloweth. P f S' I S. This Prefbytery having received a €all from the anEdkt P^^'i^ of to Mr. A. B. Preacher of the Gofpel, to be their Minifter, and finding the fame orderly proceeded, and the faid Mv,A. B. having undergone ail the parts of his Tryal, in order to his Ordination 5 And the Prefbytery upon the whole judging him Qiialified to be a Mmifier of the Gofpel, and fit to be Pallor of this Congregation, have refolved to proceed, unlefs fomething occurr which may juftly impede the fame : And therefore do hereby give notice to all perfons, efpecially the Members ol this Con- gregation, that if any of them have any thing to objed, why the faid Mr. A. B, ihould not be admitted Paftor. here, they may repair to the Prelbytery, which is to meet at the day of with Certification, that if no C 9 1 HO perfon objed any thing that Day, the Prefbytery will proceed without further delay. §19. The Presbytery meeting as it was appointed by J^^^ ^f^ the Preceeding, for receiving the Execution of the Edid, ^^^^^^'}^ which ought to be ten free Days after ferving of the fame, ^^'^^* ^ * the Minifter who was appointed to preach at ferving of the Edid, is to give an Account of his Diligence, and return the Edid indorfed by himfelf or the Precenter and Beddal, Then the Presbytery is to order their Officer three fevenl times, at the moil patent Door of the Church, to give No- tice, that if there be any there who has any thing to ob- jed againit the perfon called his being their Minifter, they may come and do it to the Presbytery, with. Certification, as in the Edid. Ji 20. If there be no material Impediment found, the Ordination Presbytery is to name a convenient Day within lefs than Dayfet,and ten Days, if it can be, for their Meeting to ordain the intimated: Candidate at the Church of the Congregation to which he And what is to belong. The Day appointed for his Ordination, is to ^^y ^^(^ be intimated from the Pulpit on the Lord*s Day precced- r^^f^'S'^ ing, inviting all to be prefent, and telling them that they''^'' "^^ are to fet apart that Day as a Faft to be by them oLferved with more than ordinary Supplication, for the Affiftance and Blefling of GOD upon the Ordinance of Chrift, and Labours of his Servant. But the Ordination Day is more proper for Thankfgiving than Fafting, and Experience may confirm us herein : For we find, that on the Account of feme things convenient to be done that Day, another before were fitter to be obferved for the Faft. g 21. Our Church doth condemn any Dodrinc that „ ^^ tends to fupport the Peoples power of ordaining their Mi- ^^^^ nifters : For by the 'ytb Ad of AfTembly 1698, upon In- ^^IjJ^^^j formation that a Divine of the Church of England^ had in from Ads his Sermon charged them as Corrupters of the Word of 5. ;?. God, who, to favour popular Ordinations, had caufed that B paffagc C 10 3 pajfage of Scripture ABs 6, ^,Whom WE may appoint over this bufmefs^ to be printed, Whom YE 7nay appoint^ bcc, ■ They did unrinimoufly difclaim the above-mentioned Errour of the Prefs, and did declare they did not own any other Reading of that Text to be according to the Original, but Whom WE 7nay appoint^ 2. If he doth own, and will 4/ ^^7 n ^^^^^^^ unto the Confeflion of Faith, and Catechifms of this wf'Q^,.^Chmc\ and Dodrine therein contained, as being founded tionEnsase- °"' ^"^ confonant to the Holy Scriptures ? 3. If he will wents, ■ ^^ Faithful and Zealous in mamtaining all the Truths of the Gofpel, the Unity of the Church, and Peace thereof, a- gainft all Errour and Schifm whatfocver, notwithflanding of what Trouble or Perfecution may happen ? 4. If he do likewife own and will adhere to the WorIhip,Difcipiine and Government of this Church, as being founded on and con- fonant to the Holy Scriptures } 5. If he hath been led iiy his deligning the Work of the Miniftery, by a (ingle and finccre Love to God, and Aim at His Glory in the Gofpel of His Son, and not by filthy Lucre, and the Motives of Worldly Gain, as the great Inducement moving him to the Minifterial Work ? 6. If he hereby engage to be Diligent ..« and and Afliduous in Praying, Reading, Meditating, Preaching, Adminiftring the Sacraments, Catechizing, and Exercifing of Difciplin<|%id in perforining all other Minifterial Duties toward the People committed to his Charge ? 7. Ifhere- folves to own his Ordination to the Holy Fundion of the Miniftery, and to continue inDaty,notwithftandingofany Trouble that may arife in the Church hereafter, vide Qua, 3 > 8. If he will humbly and willingly fubmitt himfelf unto the Admonitions of his Brethren, and Difcipline of this Church ? Laftly^ If he will take care that he himfelf and his Family (hall walk Unblameably, be Examples to the Flock, and Adorn the Profeflion oftheGofpel by their Converfation > § 24. In the' molt Confpicuous Place of the Church, and jiy pj^^^ near to the Pulpit, a Table and Seats being plac*d, where r^jjcrff^ and the Brethren of the Prelbytery, the Heretors and Elders of ^/j^ Manner the Congregation, with the Magiftrates and Council, when hovf Ordain* in Burghs Royal, are to fit, together with the Intrant, fo ci. that all the Miniflers may conveniently give him Impofiti- on of Hands, and the Others may take him by the Hand, when thereunto called : The Minifter is to come from the Pulpit to the forefaid place, where the Intrant kneehng, ( for the more decent and convenient laying on of Hands ) and the Brethren Handing, He, as their Mouth, in their Matter's Name and Authority, doth in and by Prayer fet the Candidate apart (not only the Minifter who Prays, but all the Brethren that conveniently can, laying their Hands upon his Head) to the Office of the Miniftery, invocating God for His Blefling, to this Effed. ^.^ § 25. Thankfully acknowledging the great Mercy of /-^^ qJ^^V;^^ God in fending Jefus Chrift for the Redemption of His Peo-"^/o« Prayer, pie, and for His Afcenfion to the Right Hand of God the Father, and thence pouring out His Spirit, and giving Gifts to Men, Apoftles, Evangelifts, Prophets, Paftors and Teach- ers, tor the gathering and building up of His Church, and B 2 fof t IM for fitting and inclining this Man to this great Work, and- to intreat Hini to fit him with His Holy Spirit, to give him,, who in His Name is fet apart to His Hol\Mfefrvice, to ful- fil the Work of the Miniftery in all things; that he may both fave himfelf and the People committed to his Charge. 7%e "Right S* 26. The Prayer being ended, the Miniiter who Mo- Baiid of derates in the Adion, takes the Perfon ordained by the Vellovpjhip', Right Hand, faying unto Him, We give unto you the Right He is falu- Hand of Fellowihip, to take part of the Miniitery with us, ^^-i^^'Th ^"<^ thereafter all the Minifters of the Prefbytery. Then mjter: the the Heretors, Elders, and Maffiftrates, when in Burorhs, tftbs Work, ^^^^^ falute him as then* Minifter, in taking him by the * Right Hand, as a Teftimony of their Acceptance of him. Then the Minifter returning to the Pulpit, after havmg had a fhort and pertinent Exhortation, both to the Mini- fter and People, he is by folemn Prayer to commend both Paftor and Flock to God's Grace. Then he is to fing a part of a Pfalra, fuch as 132, from verfe 13^ and difmifs the Congregation, with pronouncing tlie Blefling, ^Tormofan §' 27. The whilk Day the Presbytery of met at Jvt of Or- the Kirk of confidering that there had been a Call \lT^r" prefented upon the Day cf unto them, from mjjsiori, ^j^^ Heretors, Elders, and Parilhioners of the faid Parifti of to Preacher of the Gofpel, to be their Mini- fter. To which Call the faid Prefbytery of their Concurrence was fought by the faid Parifli, within the Bounds of which Prelhytery the faid Pariih lyes. And with which Call the faid Prefbytery did concurr, as tlieir Acl thereanent, dated &c. bears .• Like as ^ Conform to the Ads and Conftitutions of this Church, obferved in the like Cafes, and at the Defireofche faid Parifh, the faid Prefbytery did put the faid then only a Probationer,to all the parts of his Tryal for the Miniftery,as is ufual,wherein he was Ap- 5proven to theSatisfadion of the faidPrefbytery. After which, :lhe PresWtery of did caufe ferve his Edid at the - - faid C n 1 faicl Church of in the due and orderly Form, on a Sabbath-Day, being the Day of Whereby it was pubUckly intimate to the faid Congregation, that in cafe any perfon had any thing to objed againll the faid Mr. why he fhould not be Ordained and Admitted Minifter to the faid Charge of They might apply themfelves to the faid Prelhytery of which was to lit at the Day of where they fhould be fully heard , With Certitication as Effeirs. And accordingly, the Brethren of the Prefbytery met at the Day forefaid, and the Edid being returned Indorfed, and all Parties con- cerned in the fud Congregation being lawfully called, and none compearing to objed againft the faid Ordination and Admiflion, Therefore, the faid Prefbytery did determine to meet at the Kirk of upon the Day of in order to the Ordination and Admiflion of the faid Mr. to the {iiid Pariih, and appointed Mr. Minifter of the^ Gofpel at within their Bounds, to preach at the faid Admiflion and Ordination. Which being accordingly per- formed, the Brethren met Prefbyterially, taking the whole Matter to conlideration, as faid is, did then and there, in due Order and all requifite Formalities, Solemnly Ordain, ' Admitt, and Set apart, by hnpofition of Hands and Prayer, the faid Mr. in Face of the whole Congregation there prefent, to the Sacred Order of tlie Miniftery/in the fiid Congregation and Pariih •, And afterwards was received to Miniftenal Communion by the Brethren of the Miniftery, and by the Heretors and Elders as their Minifler. This is Extraded, &c. § 28. While the Church doth enjoy Peace, and is at full Ordination Liberty, it is very reafonabie that the above comely Order "^"^ Cruce, fliould be obferved ; But in troublefome Times, and in'^"'^ /^"°/" Cafes of great Neceflity, Minifters muft be ordained with- ^jl^J^io ^^^ out particular Relation to a Parochial Charge, otherwife ^^ ^^^'' there Ihail be no Ordination in Times of Perfecujjon. By C '4 1 AB 4. Cap, I. Of the French Church Difcipline, It is decla- red, that m fuch extraordinary Cafes, a Minifter of the Gofpel may be ordained by three Minilters ; But in times of Peace, by no fewer than feven, and in cafe the eolloquy confift of fewer, it Ihall call in fome of the Neighbouring to accomplifh that Number. The Man- g 2 9. You'll find the old manner of ele6ling and ordaining ^'^ ^-^5n^" ^^ ^i^ifters at the beginning of our Reformation, in Knox di" ^tima't ^^^^ ^^^^^ prefixed to the old Pfalms, that it was perform- owRefoT' ^^ ^'ithout Impofition of Hands, and without a Nurfery of nation. Expedants ; Which notwithftanding was an Ordination both valid and Lawful, efpecially in that Infantile ftate of this Reformed Church. Re-Ofdi' § 30. By the 2^. and 3 J. Articles, Cap. i. cf the Fretich 'fiation of Church Difcipliney The Bifhops, Curats, Priefts, and Friars, Popijh Cler- among the Popiih Clergy, turning Proteftants were to be Rc- gie^ andE' ordained by Impofitionof Hands. And in the fixth Seflion c«£J''' of Affembly 169c. The Moderator is allowed and Autho- ''^'■^* rized to declare m their Name, that they would Depofe no Incumbents fimply for their Judgment about the Govern- ment of the Church, nor urge Re-ordination upon them. The 'Age S 5 ^ • None are Allowed to enter the Miniftery, under *«f?/i Litera- the Age of Twenty five Years, except fuch as the Synod or irwr^o/z^/j^y^ Afiembly judge fit for the fame: See AJfetn. 1638. 1647. to he ord^i' 2ir\di 1 704. Seflion i o. Other Churches have likewife very V^^i much regarded the Agf of Intrants to the Miniftery, for by the 14 Canon Concilii Sexti hiTruUoy }t is faid, Sanctorum Vivhwrumqiie p'atrum 710 fir arum Canon in his quoque valeaty ut Treshyter ante trigefmiiim anriiun non ordinetitr, etiamfi fit homo valde digjius j Which Canon agrees with the nth Coned, Neoc^efar, This Church hath likeways a fpecial Regard to the Literature of Intrants (of which more after- terwards) And it is generally efteemed an Effential Accom- plifhment, that they fhould have the Latine To7igi4e : For you'll fee in the Supplement to Caldern>ood'$ Hiftory, that • in C 15 3 in the AfTembljr 1575. It was ordained, that none fhould be admitted Minifters, except fuch as can interpret and fpeak Congruous Latine, unlefs the General Aflembiy for their lingular Gifts and Graces, found caufe to difpenfe therewith. Accordingly they have, both of old and of late, difpenfed therewith , Particularly the Ailembly 1708. ap- pointed the Prefbytery of Sky, after Tryal of his other ^Quahficatinns, to ordain one to be Minifter at St. KiUa^ who wanted the hating Tongue, % 32. By the ^th Ad of AlTembly 1699. Minifters and Noneha^ Probationers having the Irijh Language^ are not to he fet- vlng the I- tled in the LGVP-Coimtry^ till the High-Land places be firft rilh Lan- provided .• And by the 1 6tb Seflion of the fame Aflembiy, guage, /o l>ff Preft)yteries are to be cenfured, who fettle any Probationer ;f -r '" in the South, who was born on the North Mq of Taj; (ex-f'^ ^ °^^ cept it be in the cafe of a Call given to fuch Probationers ^f^.n, i^l^^ 'by the City of Edinburgh ) till they have been tw<:\\Q on the north Moneths in the North, without receiving a Call there , Injide o/Tay, which cafe they are free to come ^South, and accept of a to be fettled Call. And any North-Country Probationer, who Ihall be ^^ the^o\it\u otherwife fettled, is ipfofaBo Tranfportable. And no doubt the fame Certification may be extended againft Minifters and Probationers, having the IriJJj Language, that are fettled in 'Low-'Land Congregations, contrary to the forefaid Ad, confbrmtothe i;if/5 Ad of Affembly 1708I § 33. By the 16th Ad of Ailembly 1697. for the more How Calls expeditious planting of the North, the Agent of the Khk, are pro/ecu- or any perfon deputed by him, is authorized to profecute tedfromthe Calls from the north fide of Tay, and ether Prtft)yteries North, and there mentioned, to any Minifter belonging to any Tarini ^^"^ ^% on the fouth fide ofTay: But as for Panfnes in thtSoiab ^^ff^^ fiy^^ of Scotland, they profecute Calls thus. After the Call hath ^^^^'^'^^^^ b-.en Signed and Attefted, as in S^^. 8. the Moderator is to propofe to the Meeting, that they appoint f.me of their Number, not only to prefent their Call to the Prdhytery, for C 1^ 1 for their Approbation and Concurrence, but to profecute the fame till it be brought to an liiue .• Which Ccmniiflion is to be figned by the Moderator and Seffion-Clerk, in re- fpedlthat all the Deeds of that Meeting are recorded in the Sefiion-Books. The Army, S 34- By the \'^th Ad of Aflembly 1697, upon aLet- hy Tvhom to ter from the Commander in Chief of His Majefties Forces, bei7ifpeEied,it is recommended to the refpedive Klrk-Seflions where the a/id how /o Forces are quartered, to provide them with convenient Seats hefixdvpith^Q^ bearing, and to infped thcni as they dcr other Pariftiio- Abmjteu, j^^^.^^ ^^^^ ^^ Commiflion of the General Ailembly, upon Application from the Chief Commanders, is to fettle Mini- iters in Regiments belonging to this Kingdom : But when the Commiflion is not inftruded to receive fuch Applicati- ons, then, no doubt, they are to be n]ade to the Presbyte- ries. Thus we fee that Minifters do not receive tbeir War- rant to take Overfight of a Regiment, as Colonels and othei: Officers do their Commiflions from the Sovereign. § 35. By the 13 Ad of AlTembly 1708. it is tranfmitted Wijferences as an Overture to Presbyteries, that when the Sufficiency about In- of Intrants to the Holy Miniftery is contefted in the Pref- trants, bow byj-gi-y that ordains them, that in this cafe the Prefbytcry eompojed, ^^^^ ^^^^^^ ^^^ ^^^^j^ ^^^-j, ^^ ^.j^^ refpedive Synods, -and that the Synod fhall appoint fome of their Number to Ex- amine Coram fuch Intrants, and ^ive Diredions to the Prefbyteries in fuch Cafes, ■C TITLE C 17 ] TITLE II. ,0/ Tranfportatwn and Admtjfioii of Mimjlers* 5 I. ' I "Ranfportation orTranflation, is, AnAuthorlta- Tranfpor- 1 tive loofing of a Miniflers Relation to one tation de- Charge, and a making up of that fame Rela-ycn'W. tion betwixt him and another, done for the greater Good of the Church. This Ad hath no Reflemblance to the diffo^ving of the Relation it felf betwixt a Minifter and the Church, as in the Cenfure of Depofition : But it only re- fembles a Mafter's taking one from labouring in fuch a part cf his Vineyard, to continue the fame Work in another part thereof. J 2. No Minifter is to receive or entertain a Call from q^^j^ ^^^^m another Congregation, till it come to him by hisi own Pref- ^^ managed bytery. And any Man tranfporting himfelf to another and dire^ed Congregation, deferves both to be loofed from his own hy the Fref- Charge, and debarred from entring into the other ^ The h^ery, CaiioniHs upon this Title do thus determine, Qiti enim fua propria authoritate ad aliatn fe transfert Bcclejlafn^ priore reliBa, C^ fiiam amittit ^ ah altena repellitur. Vide Petri Biarnoy Examen Jundiciim, § 3, The Preibytery having heard by Word or Petition How a tliefe commiflioned from the vacant Congregation to profe- Presbytery cute the Call, and after fuftaining their Commiliions, and/^'^^^^'^f "^ finding the Call, as to what appeareth at prefent, to hc^J^^lj^^^^^^ Orderly, and the Reafons thereof not without fome Ground and Weight, they are thereafter, at the fame Diet, to deli- ver their Call by their Moderator, to the Minifter delired to be tranfported, with the Reafons thereof, and to fum- mon him, Apud ABa, to appear before the Preft>ytery, the C Time C i8 3 Time for Compearance being at leaft fifteen free Days there- after. Tiff f rJz- ^ ^' ^^ ^^^ Minifler cailed be abfent from the Prefbytc- 'jjaryMetbo'd^y' ^^^^^ ^^^ ^^^^' ^^^^ ^^^ Reafons thereof, or rather a for citing in Oouble of both attefted under the Clerk s Hand, are to be Tranfporta- delivered to him by the Prefbytery Officer, either Perfon- thns, ally, or at his Dwelling-Houfe, together with a Citation for him and his Pariih to appear, ut fnpra. § 5. A. B, Moderator, &c, Forafmuchas, theHeretors, Form of rf Elders, &c, of the Parifh of have applye^ to us for Sumrnom q^^ Warrand and Precept to cite Mr. C. D. Minifter at afTranfpor- ^^^ ^j^g Parifhioners thereof, to hear and fee the faid *^* Mr. C D. tranfported in manner, and^ to the effed under- written,conform to a Call given him by the faid Earifh. Here- fore, We require you, that upon fight hereof, ye pafs and lawfully Sumraon the faid Mr. C. D. Perfonally, or at his Dwelling-place : And ficklike. All and Sundry the Pa- rifiaioners of the faid Parifh of by open reading here- of, and afiixing an juft Copy of the fame at and upon the Parifh Kirk Door, upon a Sabbath Day before Noon, im- mediatley after Sermon and pronouncing the Bleffing, all upon fifteen free Days warning, to compear before thefaid Prefbytery, within the Kirk of upon the day of next to come, in the Hour of Caufe, with con- tinuation of Days, to hear and-fee the faid Mr. C. D, tranf- ported by Sentence of the faid Prefbytery, from the faid Parifh of to the faid Parifh of toferve inthe Work of the Miniflery thereat ;, Or elfe to alledge a reafon- able Caufe in the contrair. With Certification to them if they failzie, they fliall be holden as confenting to the faid Tranfportation : And the faid Prefbytery will proceed to ^ therein, according as they fhall find Juft. And this our Precept you are to Return duely Execute and Indorfate j Civenat by 4» B, Frhiu CU, S 6. If t '9 :i 5 6. H the Presbytery have Ground to fear that their extraordi- Officer may meet with Moleftation or Oppofition, in exe- J^ovf, th cuting of their Summons, the General AHembly for pre- ^^ ^^^^^^" Yenting of Deforcement and Profanation of the Sabbath,by ^Parifhi7f» their Ad: 7^/^ 1704. Ordains the Minifter himf elf being ^^ ^^^^^^ cittd Apud ABa by the Preibytery, or, if abfent, by the Presbyterie's Letter, to be prefent .it the Day appointed for hearing the Caufe 5 Whereof the Minifter is appointed to give Advertifement from the Pulpit, to his Elders, Heretors, €^f. In Ihort, to all that were concerned in calling him, that if any of them has a mind to defend their Right to him, they may be prefent at the Prefbytery on fuch a Day. For „ ^" ''*' which Caufe the Minifter is appointed to communicate un- ^^'^^^''^ . to them the Call and the Reafons thereof tranfmitted ^'^ pjrted tT^ him. but this he ought alfo to comnmnicat-e in all ordinar t,&^ P^r/'/S. Citations, if he intends the Parifh fliould defend their Right and PolTellion. As for this extraordinary Way for citing a _ Parilh, there was more need for it at the beginning of our ,. ^^^^^P^^^ happy Revolution, when there were few Minifters and Ex- ^,^,f?l ' T n -^ 1 • -ir • n 1 ^^°^^^ rarely pedants,' and many competmg Vacancies. But now ^ntxi needed in it the Churches are generally planted, and feing there is fuch well planted a. plentiful Nurfery of hopeful Probationers for fupplying Ckurcb. the few remaining Vacancies, there is rather Ground to fear thit there be competing different Calls from one Parifh, than ffq^atdonei of Calls from diftind Parifhes to one Man. But if it ftiould ^n the Caf^ happen that neither Mmifter nor Parifh compear, then the of Nnn- Prefbytery is to grant Certification againft them, by holding Compear- them as confenting to the defired Tranfportation. a'^'^ce. S 7. By the 6tlo Ad of Afiembly 1694. it is recommen- ded to vacant Parifhes, That th^y do not attempt a Tranf- ^^^"^ portation, till they firft ferioully eilay and follow other T^-J^-^^-^^y' Means of providing themfelves : Which is indeed the fpeedy^^^^^J^^ Way to increafe the Number ot Labourers in the Lord's ^^^.^ Vine}'ard, and to continue others at the pla<;e appointed for their Work € a . f 8. By C 20 ] S 8. By that fame Ad of Ailembly, all Debates in Pro- How De- ceffes of Tranfportation, mull be managed with that INleek- ^tes in j^g^g ^^^ Brotherly Kindnefs, as hecometh Parts and Mem- ihX of the fame Body of Chrift, and that they reprefent l;e wa^ageJ.^^^'^^ Reafons and Anfwers with Perfpicuity and bre- vity. Rash Jp- § 9. And to prevent contentious Appeals in fuch Mat- pealers in ters, it is ordained by that Ad, That if both the compet- Trarfporta- ing Parifties be within the fame Preibytery, in that Cafe tiOf!s,when ^\^q Prefbyterie's Decifion (hall be obeyed, oriftliePariihes to leQen* ^^ -^^ different Prefbyteries, and both Presbyteries in the "^"'^ ' fame Synod, in that Cafe the Decilion of the Synod Ihall take effed. But with Certification, that the refpediveju- dic itories appealed from, fhall be Cenfured, if they be found to have Malverfed , And on the other Hand, if any be found unnecelfarly to purfae Appeals and Complaints, they (hall be feverely Cenfured therefore. Bu€ry Be- § 10. By the $th Ad of Ailembly 1702. the Parifli 9jeficeJJjoit Id craving Tranfportation is to fatisfie the Judicatory, if there beRecorded, j^g ^ legal Stipend, and a Decreet therefore : It were to be wifhed that the Church were truely and better informed of the Quantity oC Circumftances of every Benefice within the Nation, that fo they might be direded to apply accor- dingly .• And for that end let Presbyteries be appointed to give in an exad Account of thefe within their Bounds, that the fame mav be Infert and Reo;iftrate in the Books of the General Ailembly, conform to the Ad Angufi 3 1. 1 647. Uoxc the ff II- Adual Minifters when tranfported are not to be hiteable- tryed again as was done at their Entry to the Miniftery. nefs of But only the Presbytery in which the CaUing Parilh lyes ^lens Gifts {]^-^\\ Jqdge of his Gifts, from v/hat they have heard of him ^^ ^^ ^f^jT'in the Excrcife thereof,whether they be fit and anfwerable tsZavtf^^^ the Condition and Difpofition of that Congregation. ^Fmimnt "^ There are Abilities requifite to make one a fit Minifter for Congrega- ^ome confiderable Pariihes, which are not fo neccffary to tiom.'^ one- C 21 ] one in a fmall private Parifh. Eminent Congreations are fuch, where are Univerfities, Towns and Burghs, Places of Noblemens Refidence, or Frequency of Papifts. vide AJJem. 2, Aug. 1642. interpreting the Ad 1596. concerning the Tryal ofMinifters, ratified Becemb, 17. 1638. and § 16, Tit, I. § J 2. As there ufeth to be folemn Prayer at the fixing of a Minifterial Relation to a certain Charge, fo when that ^^j^y^^ '•*" is changed and carry ed into another , It is very fit, as is ^l / *^ ufed, that Light and Direction ihould be fought in fuch a Jlglpon weighty and concerning Matter to the Church, from the the Bocefs, glorious God and bleiTed Head thereof, and that immediate- o/rr^w^or- ly before the Judicatory enter upon the Procefs. tation. § .13. The which Day anent the Summons touching and anent the Citations given to the fiid Mv.A. B. Form of an and his fold Pariihioners, to have compeared before the faid d^ ^f Presbytery, at certain Days now by-paft, with continua- • '^-^^^^'^^ tion of Days. The faid Summons, and all Parties having ^'^'^* Intereft, being called in prefenceof the faid Presbytery , and laft of all, upon the Diy and Date of thir prefents, the • faid Purfuers compeared by their Commiflioner. And the faid Mr. A, B. and his Parifh of being Law- fully Summoned, and they compearing. The faid Presby- tery having heard and confidered the Call given to the fiid Mr. A. B by the faid Parifti of and the Reafons pro- duced by the Purfuers for Inforcing the faid Tranfportation, .; and alfo having maturely confidered the Good and Advan- tage of the Church in the faid Tranfportation, aiid being well and ripely advifed in the haill Premiffes, the faid Presbytery (after calling upon God for Light and Diredi- on) by their Vote have tranfported, and hereby tranfports the faid Mr. A. B. from the faid Parilh of to the faid Parifh of to ferve in the Work of the Miniflery. as their lawful Paflor thereat, and appoints Mr. CD. Minifter of to declare the fiid Kirk of vacant upon Sab-- ^bbathrtic^ Day of conform to the Afl:s, Pradice, and Conftitutions of this Church ufed in the hke •Cafes. When the § 14- If the Congregation to which the Minlfter is cal- two Parijhes led doth ly in the Bounds of another Presbytery, then the b ^^ ^#- Presbytery to which he belongs does only tranfport him, rent Judt- ^clares his Kirk vacant, and appoints him to wait for, and grorw, ^i^gy j.|^g Orders of the Presbytery where the Charge lyes, to which he is tranfported, as to the time of his Admiflion ,-thereto. But if both Pariihes ly within the Bounds of the Judicatory which Tranfports, then they appoint the time of his Admiilion alfo. Mimjlers S 1 5* If the Minifter called had not any Relation to a without particular Charge in the Church, then the Presbytery hath Flocks, how nothing to do butadmitt him after the former Steps of Call admitted, and Edid, &c, § i6. When a Minifter formerly ordained, comes to be The Ma7t- ^^j^[^q^ Minifter in fuch a Congregation, the fame isper- ^^\ y f^/ formed by the Presbytery in face of the Congregation, with « 7?mf ^^ i2LVi\t Solemnities of an Ordination : Only there is no ' Re-impo(ition of Hands, nor any thing that is peculiar or cflential to Ordination. And the only Queftions needful are thefe, i. If he does adhere unto, and promife in the Lord's Strength, to perform his Ordination Engagements ? 2. If he hath had any indired Hand in his ownTranfpor- tation or Admiilion to this Parifti ? 3. If he doth" now accept of the Charge of this Parifh, and promife in the Lord's Affiftance to difcharge all the parts of the Minifte- rial Fundion among them Faithfully ? -^ jy 17. The Presbytery of being met at the Parifli .^ f^'^Kirk of conform to an Appointment made by the Mmifiion. ^^^^ Presbytery, dated to theEffed under-written. Ta- * king to ccnfideration that the prefent Magiftrates, Town- Council, Heretors and Elders of the faid Burgh, and Parifli 'of had £ivcn a Call to Mr. A. B. Minifter of the Gof- I n 7 Gofpel, inviting him to be their Minifter. And ficklike. That the faid Call had been orderly prefented to the faid Presbytery ,Sc by them fuftained,and alfo that the faid Call had been accepted by the faid Mr. A.B. and that thereupon the faid Presbytery had appointed the faid Mr. A, B. his Edid to be ferved upon Sabbath the Day of And alfo appointed a Meeting of the faid Presbytery for his Admiflion, to be held this prefent Day and Place, The faid Presbytery being now niet conform to the- faid Ap- pointment, and having feen and confidered the faid-Edid duely and orderly Served and Indorfed, and Returned con- form to the pradice of this Church, did caufe thrice pub- iickly call all having, or pretending to have Intereft, to compear and propons their Objedions, if'they any had, , againft the faid Mr. A. B. his Life, Dodrine, or Qualifica- tions, or againft the forefaid Call, and the procedure there- on above-mentioned, why he fhould not be admitted law- ful Minifter of the fiid Burgh and Parilh ; But none conr- peared to objed thercagainft. Likeas thereupon after Ser- mon preached conform to Appointment of the faid Presby- tery by M. CD. Minifter at The faid Presbytery did inprefence of the hailL Congregation there affenibled. for the time, Admitt, Receive and Appoint the faid Mr* A* B. to be, Minifter of the forefaid Burgh and Par ifh, accor- ding to the Order and Pradice of this Church. And fiek- like. The Magift rates, Town-Council, Heretors and Elders of the faid Burgh and Parifti,did take the faid Mr. A.B. by the Hand, in Teftimony of their Receiving him to be their Minifter. Extraded fortlt of the Records of. the faid Pref-^ bytcry, by &c^ S i8. Ads of Ordination and Admiffion by the Presby- The "Effect tery, are in place of Prefcntition, Collation, and Inftitu- ani UJe of tion, andferve for them all, as a fufficient and legal Title Ordination^ tOthc Benefice. andAdmif^ -«»^-- -'-' . --^^ /ton Acu, i^-v^ ' ■ ^19. Some C H 1 § i^. Some Things tbere are which may debarr a Man's Impedi' Entring into the Miniftery, and may be Reafon enough ZTr!i7nit^^^ the Church to Ihut the Door upon him, fuch as fome aliays ' Miftakes and Efcapes ofFenfive in the Life, that may pro- Grounisfor^^^^ from Raihnefs, Weaknefs, Ignorance, or wantof Pru- Ve^ofition, dence : Yet when once he is Admitted, and Entered, the like Efcapes will not be found fufficient to depofe and thruft him out : For, Muha impediunt Matrimonium contrahen- dum^ o[iiA no7i dimnunt contra^um. T I T L E in. Of ASis of Tranfport ability^ of Dmijfwns^ and MJfionSy and Colleague MiniHers, 5 I. ^TyTHEN a Minifler labours under infuppdrtable The Gromd ^^ Grievances in a Parifh, whereby his Mini- for and Me- ftery is rendered Un-edifying to the people and uncomfor- thod ofpro-i2h\t tohimfelfj In thefe Circumliances (all other Means feciiting having been eilayed and prov*d inefFedual for Redrefling his m^ Act, Grievances) the Pallor doth apply to the Presbytery for an A61 of Tranfportability. Whereupon they appoint one of their Number to preach at that Kirk, and after Fore- noons Sermon, to advertife the Parifh, being the Defen- ders, to appear before the Presbytery, on fucli a Day, and there hear and fee their Minifter obtain that Ad in his fa- vours, or otherways to propone Reafons in the contrair. ^'^ After hearing of both Parties, their Brother's Complaint being found Relevant and Verified, an Ad of Tranfporta- j^ility is granted. . S 2. By C 25 ] • J 2. By which A61 the Prefbyteryloofetli their Brother's The Nature Relation to that Pariih as fixed Minifter thereof, and de- and Import dares that through their Direclion and Infpedion, he is ca- of this Act* 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 ajFered, they do ap- point -him to exerce his Miniftry in that Pariih , Where- by his Right to intromett with the Benefice contmuetli as formerly, the Ad of Tranfportability being occafioned thro* the Peoples Fault. But this Ad will be but rarely fought in a well planted Church , And, without granting it, the Prefbytery may ufe innocent and prudent Methods for ob- taining a Call to their grieved Brother from fome vacant Parifh, which will asefFedually anfwer the End as fuch an Ad can do. Upon the whole, this Pradice hath been but rare, and its Expediencie, to fay no more of it, is difputed by many. S" 5. It is in the Churches Power to accept of DimilTicns TheCaufei or not, as they find the Grounds of them to be. They ufe ^^'^ ^^'^« of to run in thefe Terms. I Mr. A. B. Minifter at C. for fuch ^^^"f'ions, Caufes dimitt my Miniftery at the faid Parifli of C. purely and fimply in the Hands of the Presbytery of D. declaring that for my part, the faid Pariih (hall be held vacant, and that it fhall be free to the Parifh and Presbytery after due Intimation hereof, by Warrand of the Presbytery, to call and plant another Minifter therein. And confeuts that this be recorded in the Prefbytery Books, ad fitturam ret mt- moriam. In Witnefs whereof I have fubfcribed thir pre- fents at &c. 5 4. Which DimifTions being received by the Prefbyte- T/je Effi^ ry, they are thereupon to appoint one of their Number to ^/^ Dim/f- preach at that Kirk, and after Fore-noon Sermon to make/?"'^*/'.^^^^^: Intimation of the Acceptation of the Dimiflion, and the ^'''^'^^'*^^'' Presbyteries Order thereon, to declare the Kirk vacant. The Execution whereof being reported to the Prefbytery, D .and [ 25 1 and recorded by rhem, they are to proceed and plant that Parilh, as they do other v:^cant Congregations. In what ^ 5* When the Vacancies are many, and the Miniflers in CafetheNa-^^^^ part of the Qiurch fo few in Number, that it exceeds tmial Jf- the Power of Claflical or Provincial AfTemHies, in whofe femhlyfends Bounds they ly to fupply them. Then the General Af- Mhiiftersin fembjy who is dmcerned in thefe Bounds, as Parts of the M^fsmi. National Church, doth appoint Minifters by way of Mif- fion to fupply thefe Vacancies : for this See the Acts of fe- verallate AiTemblies for fupplying the North,and the In- ftrudions given to their CommilTions concerning that Af- fair. As alfo, by Appointment of this Church, Minifters have been Tranfported, Ordained, and fent in Million, to the Scots African and Indian Companie's Colony in Cale^ donia in America. Jn rphat S ^' Upon Petition from the moft part of the Scottijh Cafes they Nation in the North of Ireland^ in their own Name, and .fe7id to other ^n Name of the reft of the Proteftants there to the General Churches. AlTembly in the years 1642, 1643, and 1644. Rcprefent- ing the Extreme Neceflity they had of more Minifters, and how this Church had formerly Supplycd other Church- •es in Germany and France. The AlTembly being willing to S3^mpathize with eveiry Member of Chrifts Body, although never fo remote, much more with that Plantation which was a Branch of their own Church,They did for fome Years fend Minifters in Million to Supply there, as may be feen by the printed A6ls in the Years above-named. But in Af- fembly 1690 Self. 8. They Decline to fend any Minifters to 'Northumberland upon a Petition from fome in that Coun- trey, in refped that thefe people do not belong to this National Church. Churches J 7- As it is the conftant prayer and Hope of the Reform- fl^ildfend ed Churches that the Kingdom of Chrift may and Ihall be to the Hea- Enlarged by fending the Gofpel to the reft of the Heathen j thens. g^^ -j^ Teftimony of the Sincerity of thefe Hopes and Pray- ers. [ V ] crs, they muft be joined with futeableEndeavoars for fprea- ding the Gofpel among them. This Church hath not th it happy Opportunity, and Invitation of Concurring Provid- ence to forvirard that Work that foirfc other Churches have, through our want of Foreign Plantations, and by being In- juriouily Difpoffefled of what we had, as the 38 Minute of the Proceedings in Parhament 1701 doth complain. % 8. When a Parifli, though net of fo great Extent ^^ j^^jgii a Col- to require a new Eredion, becometh fo Numerous, that al- Uague h beit a Minifter s Voice may eafily reach them all, the Seats needful A- being conveniently placed ; Yet he is not able alone to ged & Sick difcharge the other Miniflerial Duties, with that Exadnefs MinUiers and Eafe which Pallors of ordinary Parifhes may do, it i^Z-'^y^j^?^^ but reafonable in that Cafe to joyn a Yoke-fellow wich him. ^^^^„^^^'^^ By the A6t of AfTembly July 30. 1641. It is declared that ^ Colleague, old Minifters and Prof effqrs of Divinity, fhallnot, by their CeiTation from their Charge, through Age and Inability, be put from enjoying their old Maintenance and Refpecl. This dothlikdways agree with the 48 AB. Cap. i. of the French Church Difcipline. And by the Book of Policy Chap. 7. when Miniflers through Age, Sicknefs, or other Accidents, . become unmeet to do their Office, in that cafe, their Ho- nour fhould remain to them, their Kirk fhould maintain them, and others ought to be provided to do their Office. Thus they ftill enjoy double Honour, viz>. Reverence and Maintenance. g" 9. When a Parilh findeth Work for two Minifter?, and they divide the fame equally between them, nothing Colleagues can be reafcnably alledged againft (baring of their Wages J^^^j^ ^^^^ from the Parifti accordingly ^ Except it be faid, that he who ^ Benefice. gets the firlt Call to the greater Benefice, will from that take Advantage to keep polfeflion thereof. Which Pradice, however it' may receive Protection from ftrid Law, yet Juftice which is mixed with Equity and Kindnefs condemns it : Seing his Helper or Second is to he always as fit fcr D 2 the [ 28 ] the fame Charge as he, as is appointed by Aflembly 1646. in the firfl Remedy propofed againft the Corruptions of the Miniftefy. ^ ,., ff 10. When he who had the greater Stipend (itha- ■ hParifh ^^"S ^^^"^ negleded at his Entry, to obhge him to divide Inay oblige ^^e fame equally with his Colleague ) is now removed by them,How> Death, or otherways. Then the Parifti is not obliged to itni When^^Wow the furviving Colleague to fucceed to and uplift the firfl Stipend, except he be content and engage to amend his PredecefTors Manners, which if he refufe to do, at the fight of his Callers and the Presbytery, then let him only enjoy tlie Stipend to which he was called. But the moft effedual Way and proper Seafon for obliging Colleagues to fhare the4r Benefices, is thus to be done at their CalUng and Ad- miflion \ Infert in the Call, that as he is to be one of the Minifters of fuch a Parifh, fo he is to have the half of the Stipend : And let his Ordinatioh and Admifhon Act carry that fame Qualification. But Colleagues of confent may prevent this. Tiihllch § II. hy the Ad: of Afi^Qmbly Dece?nber I y, iS. Anno 'Mimlienal 1 638. one of the Minifters without Advice of his Col- Work is to 'league, is not to appoint Dyets of Communion nor Exami- he perform'' d nation, neither to hinder his Colleague from Catechizing by mutual (-^Q ^j^^ f^^ni Houfe to Houfe) and ufing other Religious riT Bz E^ercifes as oft as he pleafeth. But now the Church-Sef- ^hg^el^ not ^i<^^ ^^^^ ^^^^^ ^^ ^^ ^^^^^ Dyets, for Communion efpeci- tQ he hinde- ^I'y* red. % 12. Colleagues are to apply themfelves to Doiflriric, ^o^^^^y according to the Gifts wherein they moft excell, and as Wre to apply they fliall agree betwixt themfelves, vU» DireBory for their Gifts, preaching the Word^ TITLE ^C 29 ] T I T L E IV. 'X)f ExpeBantSy as alfo of Students and Burfars. 5 ^' '■ 1*^ H E Prefbytery is not only to hinder thofe Who they X whom they know to be unfic, from entring ^^^ ^^^^ ^^^ upon their Tryals ; But alfo they are to Presbytery look out for, and ftir up fuch, whofe Gifts are Promifmg,-^^^";;^^^^^^^ to fubmit themfelvcs unto Tryal, and that albeit the one^"^^^^ j^^^^^^ were a profeffed Student of Theology, and the other were not. 5 2. Before any Prefbytery invite Students to pafs their ^j^;,^/„ ^/^^ Tryals, they are to be fatisfied as to theSoundnefsoftheirp^-^jAjy^^ry Principles, and of their Sober,Grave,Prudent,and Pious ht-istn he fa-, haviour. And it i-s appointed, that fuch Perfonsfhall pro-^^'-O'^^^ ^^." duce, before the Prefbyteries who admitt them to Tryais,/^;''^ ^^^^y ^^' fufticient Teftimonials from the Miniilers of the Panihes ^^^ ^^ where they lived, and from the legally eftablifhed PreiLy- ^^^^"^^p^^^^^" teries in whofe Bounds they Rcfided, and alfo from the jryah, ProfelTors of Divinity, Seethe loth Adof Allembly 1694. As alfo, by an Ad of the Aflembly thereafter. It is recom- mended to Prefbyteries, before any be admitted to Tryals, that they fee their Teftimonials of their pafTmg their Courfe in Philofophy, and their obtaining their Degrees of Ma- tters of Arts in fome Univerfity. And by the 13?/:? Ad of Aflembly 1696. Probationers that apply to PrefLyteries are not only to bring fufficient Teftimonials, but alfo a Letter of Reconnnendation from aPerfon known to the prefbytery. And by the ^tb Ad of Allembly 1705. Teftimonials from. Profef- C 30 ] ProfeiTors of Theology, in favours of fuch as are to enter upon their Tryals, are not to be regarded by Prefbyteries, unlefs they bear their Knowledge of thefe they Recom- mend to Tryals, as to their Moral and Pious Carriage, as to their Progrefs in their Studies, and their promifing Parts, find of their good Affedion to the Government of Church and State, and Fitnefs to ferve the Church. ExpeSiants S 3- The Tryals of a Student, in order to his being Li- Tryah, cens'd to preach the Gofpel, do conlift in thefe Parts, I. The Ho?m!ie, which is a Difcourfe upon fome Text of Holy Scripture afligned unto him by the Prefbytery, and delivered before them in private. 2. The Exegejis, which is a Difcourfe in Latine upon fome common Head of Divi- , nity appointed him by the Prefbytery, and delivered before them, at which time alfo he gives in the Subflance of his Difcourfe, Compriz'd in a fhort Thefis or Doctrinal Pro- pofition in paper, which he is to defend, at the Presbyte- ries hext Meeting, againft two or three Minifters who are appointed to Impugn his Thcfis. 3. ThePrefbyterial^x* ercife and Addition : The Exercife gives the Coherence of the Text and Context, the Logical Diviiion, and Explana- tion of the Words, clearing hard and unufual Phrafes, if any be, with their true and proper Meaning according to the Original Language, and other paipUel places of Scrip- ture, propofing and anfwering any Textual Queflions that occur, and then a plain and fhort Paraphrafe upon the Text : This is ordinarly the Work of one half Hour. The Addi- tion gives the Dodrinal Propofitions or Truths, which, without flraining, may be deduced from the Text fo Ex- plain*d, with Reafons, Applications and pertinent Improve- ment and Application, as the other half Hour will allow. 4. A Ledure, orExpofitionof alarge portion of Scripture, ordmarly a whole Chapter. 5. A popular Sermon. Thefe three pieces of Exercife, vi-z. Presbyterial Exercife, Ledure snd popular Sermon, are to be in the. Pulpit before the People, C 3« 1 people. 6. He is to be tryed in his Knowledge of the Original Languages, by interpreting a portion of the Greek New Teftament, aJ aperturam Libri, and reading and ex- pounding a portion of feme Pfalm in Hebrew. Of his Knowledge of Sacred Chronology, Ecclefiaftick Hiftory, efpecially of our own Church, anfwering Extemporary Queftions, of the Meaning of hard places of Scripture, on Heads of Divinity Polemick or Pradical, on Cafes of Con- fcieace, on Church Government and Difcipline, and is likeways to be tryed as to his Piety, Prudence and former Godly Convcrfation, Ad* of Allembly January 30. 1698. § 4, By the 10th Ad of Ailembly 1 704. Presbyteries S^''^^ 7>>'^/> arc appointed to lay it on fome of their Number to examine ^^'^ P^^'y^^us the Students in their own prefence upon the feveral Heads ^^ ^''^•^^' of Divinity, 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 Objedions of Adverfaries a- gainfl: it, and that previouily to all other parts of their Tryal. From all which it appears, that from the Begin- niilg of X^yals, to the Time they are Licens'd to preach the Gofpel as Probationers for the Miniftery, they are a full half Year exercifed in order thereto, allowing the or- dinary , Meetings for Prefbyteries to be once a Month. Which Time for Tryals will yet be longer, it we coniider the i^tbA6i of AHembly 1708. appointing private Tryals concerning his Senfe, and Experience of Religion, yet pre- vious to all thefe mentioned. g 5. By the 3^ Ad of Ailembly 1697. the Commiflio- Expectams ners from the feveral Prclhyteries within this Church, arc & Students to bring in an Account to the General A Ifembly Yearly, oi Names to he all Expedants or Probationers for the Miniftery. As alfo, Kecorded in of all Students who attend LelTons of Theology in Uni- the Aljembly verflties, and perform the Exercifes enjoyned them there, -^v that their Names may be read in open Allsmbly 6c Recorded ' in their Regifter. Which is a Mean to bind all Candidates for C 52 1 for the Miniftery to a Circumfped Walk, that the Church imy receive good Imp.reflions of them. Form of an g 6. At the Day of _ The which Day 'jci Licen- the Prefbytery of taking to their Confideration, that finfi one to m Obedience to feveral Ads of General AiTemblies made preach the ^nent Tryals in order to Preaching, they had upon the Gofpel, and P^y ^f Received fufficient Teltimonials iri 'al and favo'urs of Mr. A. B. Student in Divmity, and that there- ^ecommen- upon they had appointed fome of their Nun^ber to make dation. Search and Enquiry into the Literature and Behaviour of him the faid Mr. A, B. Which Brethren having upon the Day of Reported, that according to the Ap- pointment forefaid, they had privately taken Tryal of his Knowledge in Divinity, and of what Senfe and Impreflion he had of ReUgion upon his oum Soul, and that they had Caufe from what they found in the forefaid Tryal, to judge him fit to be Received and Entered upon publick Tryals in order to his being Licensed. Whereupon they/ the faid Prefbytery, had admitted the faid Mr. A. B, upon Probationary Tryals, who having in all the ufual parts thereof, at divers times thereafter, acquitted himfelf to their Satisfadion and Approbation 5 . Therefore they did and hereby do LICENSE the faid Mr. A, B. to preach the Gofpel of Chrift as a Probationer for the Miniftery wjithin their Bounds, he having in their prefence undertaken the ufual Engagements appointed by the Ads of this Church. Extraded, &c. A'^f^,Thefe Engagements are here omitted, hrevitatis caiifa. vide § feq. At his Removal out of the Bounds of the Prefbytery where he was Licens'd, his Te- ftimonial is in this Form. At the Day of The which Day, the Prefbytery of do Teflify and Declare, that Mr. A. B, Preacher of the Gofpel, has, (ince his being Licens'd by them, preached feveral times both at their Appointment and the Defire of particular Brethren within the Bounds, to their Satisfadion, and that his Carriage, fo t 33 ] fo far as they know, hath (ince thit time, been Pious, Ex- emplary and Edifying as became a Preacher of the Gofpel, and that he hath been obfequious to all their Appointments, Therefore they do by thefe Prefents Recommend the faicl Mr. A. B. accordingly to any Prelbytery where GOD in ' ■ his Providence Ihall cait his Lot, fir all due and fuitable Encouragement from them. Extracierl, <3cc. § 7. By the iot\\ AB o{ A [feinhly 1694, It is Appoint- ATrohau- ed, That when Perfons are fird Licenfed to Preach, they ow^?-'^ En- (hallobUge themfelves to preach only within theBounds,or ^'!ichjg, 0' to Licenfe no Probation ers till they acquaint their Neigh- //w R^j/'j'- bouring Preibyteries, that fuch Perfons are palling their tenes ac- Xryals before them. And upon a Return that they know quanited, nothing that iliould Impede their being Licenfed, then they proceed. Each Pref- § 1 5- Every Prefbytery confifting of Twelve Minifters» hj/tery wm^ is Appointed to Maintain a Burfar ( that is, One out of maintain a the Common Purfe ) and v/here the Number is fewer than Miirfar, Twelve, they fhall be joined to another Prefbytery. J^ida A61 of Allembly, Ji^g. y. i6'4i. The^an- § 13. Every Burfar muft have Yearly payed' him An tlty. Fund, Hundred Pounds Scots at leaft, the Fund whereof ought Celle^ion& xo be the Penalties exaded of Delinquents, and Scandalous Continuance -p^^^Q^^ by the Civil Magiftrate, and by him delivered to. jfainZ-'^^^ Kirk-Seflions. But if that Fail, then the Kirk-Boxes iiance ^' ^^ thefe Prefbyteries are to be proportionally Stinted by them according to the Number of Communicants in eacn Parifh, which Maintenance of an Hundred Pounds is to be Colleded by the Moderator, of the which the feveral Sy- nods are to take Account, and their Books are to bear the Report thereof to the General- AlTembly. It is alfo Ap- pointed that the Abode of Burfars at Schools of Divinity exceed not Four Years. TlJe Ad of AiTembly, Feb. 7. 1^45. mtiali_fica' S 14* ^y tbe fame Ad, Burfars of Theologie are Ap- ii&ns of Bur- pointed to bring with them Yearly from the Univerfities,. fars, and Teftimonials of their Good Behaviour and Proficiency : boTP tbey are AxidithsitnonQh^ chofen for Burfars byPreibyterieSjbut fuch C 35 ] as are of Good Report, and have paft their Courfc of Phi- lofophy, and their QyaHfications are to tc Tryed likeways before they go to Uni verities, conform to A8s of Jffem- blies 1647, 48, & 49. And by the 5th A^ of JJfefnbly 1705. It is Ordained, That in no Pariih the Minifler Re- commend Youth to be Taught in Latim upon Charity in any Grammar-Scbool, but fuch as be Dexterous in Reading, and can Write, and fuch as he judges to be of Virtuous Inclinations^, which Tryal is to be in prefence of fome Elders, and no SchooUMaHers is to Teach any upon Charity, but upon fuch Recommendations. Ite?n^ It is Or- dained that Preibyteries appoint a Committee of their Num- ber Yearly to Examine Poor Schollars mGrammar-Schools^ that fo none of them be fuffered to proceed to Colledges with an Eye to Burfaries, but fuch as are of Good Beha- viour, and Proficients in the Latbw : And Miniflers arc ■ tc Recommend none to Burfaries not fo Qiialiiied ; And Mailers of Colledges are to Lauriate no Burfars, but upon clear Evidence of fuftieient Learning and Good Behaviour after Strid Examination. Poor 5/^ g I 5. For the better Breeding of Young Men to the ^^^^^•*" ^^^' , Miniftry, who are not Able to Maintain themfelves at '^^^ ^^'fij;^, Univerfities ( nor perhapes find that Favour as to get Bur- r^Xi I"" faries ) Preibyteries where fuch refide are Appointed X-O^relhytJ Direct their Studies. Ad June 18. Ajfem, 164.6, rhs, ' g' 16. In Order to the Advancement and Increafe of the Knowledge of GOD in the High-la7ids^ by the AB ^"'7^^^ oi Apmhly 1 70 1. It is Recommended to feveral Synods jT^^^^'^ to Maintain a Burfar of Theology, haviag the /n/Z/Lan-^^/^,,,^ "|^ guage, out of their own Purfes. And by the 13th AB oi couraged. ' AJfembly 1704. In refped the Loxv-land Preibyteries by- fouth 'lay are Competently Planted, and that the promot- ing of Knowledge in the Higio-lands is of Common Con- cern : Therefore it is Appointed that the one half of all Burfaries of the Preibyteries by-fouth Tay be bellowed on t E^ Students C 36 ] Students having the /r//7j, at leaft the Half thereof ^ Which AB is to continue at leaft for Four Years, and longer, if there Ihall be found need ; And by the 5th AB of j^em- hly 1707. Contributions, and Ereding of Societies for Maintaining poor Scholars, arc to be Encouraged by Judi- catories and the Commiflions of AlTemblies. None nniH § 17. By the Ad of AiTembly F TITLE V. ^talifica- tions offiicb OfSchool-MdHers.mdhisintBorsofToitth, ^s bear Of- fice in % i.mthe 17th Ad of K.r. and Q^Ma, Parliament, 5^;^^^^^.. D It is Ordained,that noProfcirors,Principals,Regent3, Uament.and Mafters or others, bearing Office in anyUniverfitie, Col- Affemhly, lc2;e C 38 3 ledge, or School, within this Kingdom, be cither admitted or allowed to continue in the Exercife of their faid Functi- .ons, but fuch as do acknowledge and profefs, and (hall fub- fcribe to the Confeflion of Faith, and fwear the Oath of Alledgeance ( and now they muft fubfcribe the fame with the Alllirance, vid^ 6 AB Pari. 1693. ) and withal fhall jbe found of a Pious, Loyal, and Peaceable Con verfuion, and of good and fufticient Literature and Abihties for their refpective Imployments, and fubmitting unto the Govern- ment of the Church now fettled by Law. And by the icth Act of Affembly 1 70c. all Presbyteries are appointed to take fpecial, particular and exact Notice of all School-Mailers, Chaplams, Governours, and Pedagogues of Youth within •their refpective Bounds, and oblige them to fubfcribe the Confeflion of Faith, and in cafe of continued Negligence ( after Admonition ) Errour or Immorality, or not being careful to Educate thefe under their Charge in the Prote- flant Reformed Religion , The Presbytery with refpect to School-MafterSj is to apply to the Civil Magiftrates of Burghs, and Heretors in Land-ward .• And with refpect to Governours, Chaplains and Pedagogues, to their Mailers, for removing fuch perfons from thefe Offices : And if this be not Remedyed by them, that the Presbytery with refpect to School-Mailers, apply to the Commiilion of Parliament for Viiitation of Schools and Colleges .• And it is appoin- ted, that an Account be given in every half Year to the Presbytery, by Miniilers, what School-Mailers, Chaplains, Governours and Pedagogues are in their refpective Pariih- es. And by the i^th Act of AiTembly 1706. fuch as have power of fettling School-Mailers, are to preferr thereto Men who have pail their Courfe at Colleges, and have taken their Degrees, before others who have not, Ceteris Far: his, TheTTorhof g 2. By the Ad of Allembly December 17, 18. 1638, ^ jQi J Presbyteries are to fee that Schools in Land-ward Parifhcs U^acr ^^ ^«"^^^ w^^^^ ^^^^ ^^"> f^^ ^^^ ^^^^'S^ ^^ Teaching the • ^ - Youth, C 59 1 Youth, publick Reaching and Prccenting of the Pfalm, and the Catechizing 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 Ailembly Augufi 3. 1642, and by that fame Ad every Presbytery Seat and Burgh is to have a Grammar School, T I T L E VI. Of VoBorSy and Vrofelfors of Theologie^, J I. A Ccording to the. fifth Chapter of th^ Policy of TOeSem- J\ the Kirk in the General Aflembly 1581. the "^entsofthh Office of the Dodor or Catcchizer, is one of ^^"^'^^ **" the two ordinary and perpetual Fundions that Travel in ^^^a ' nr the Word. He is to open up the Mind of the Spirit of^^^ Heisw God fimply, without fuch Applications as the Minifters p^^y ^^ " tufe : They are fuch properly who teach in Schools, Qol-fuch, leges, or Univerfities. But to preach unto the People, to adminifter the Sacraments, and to celebrate Marriage, do not pertain to him, except he be Called and ordained there- to. If the Paftor be qualified for it, he may perform all the parts of the Dodor's Office, that being included in the PaftoraL By the 2d Artule Cap, 11. of the Difcipline of the. French Church, a Dodor in the Church cannot preach nor adminifter the Sacraments, unlefs he be both Dodor and Minifter. And when the General Aflembly "Eebruary 10. 1645. ratifies the Propofitions fent to them from the Aflembly of Divines at WesiftiinBer^ concerning Church Government, and Ordination of Minilters. They cxprefly provide, that the prefent Ratification fliall be no- ways C 40 1 ways prejudicial to the further Difcuffion and Examination of one of the Articles or Propofitions, which holds forth, thnt the Dodor or Teacher hath power of the Adminiftra- tion of Sacraments, as well as the Paftor. §2, Though the Office of a Beacon is included in the rVar ^^^^ ^^^ Ruling Elder, yet it is fit that fome be appoirj- JhoutdTeacb ^^^ Deacons, diftind from that of the Elder .• So, albeit the in Colleges Office of a Dodor be included in that of the Paftor, yet it and in large wcvQ very fit that fome not in the Sacred Order of the Mi- Varijhes, *niftery were ordained and fet apart to Teach and Catechize the People, efpecially in large and incommodious Parifhes, (See § 3. of the preceeding Title) as well as in Schools and Colleges. Synods are S 3- By the Ad of AiTembly Yehrmry 13. 1^45. for to report to\ encouragement to Scholars for Profeffions in Schools, it is theAjfembly recommended to Synods, to try who within their Bounds, the Najnes moft probably may be for a Profeffion in the Schools, and 0/ Scholars xt'^oxt their Names to the General Alfcmbly, that they may in to he Fro- j^g ftirred up, and encouraged by them to frame their Stu- Mors. No ^^-gg £qj. £^^.|^ Places. This Cumulative Power doth noways hfcomp7ird^^^'^^^^^ or hinder the Faculty of an Univerfity (which tol7vehim-^^^^'^ Power and Right to Eled) from doing of the fame. It felf to teach- were to be wiihed, that this Cuftom of Synods reporting to ing& leave Genev^l AiTemblies the Names of fuch as are fit to be Pro- his Paftor al fclTors, were again Revived, and more exadly pradifed : Qjarge, pQj- \x. would prevent the Tranfporting of Minifters to be only Teachers or Mafters in Univerfities, which is an Ap- pointing of him to exercifethe Office of a Dodor, anddif- penfing with him from preaching of the Word and admini- ftrating of the Sacraments : Which Difpenfation, or the loofing of which Tye, if it lie a Favour, it can never be impofed upon any Paftor without his own Confent j But if it be a Punilhment, it can be infiided 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 Paftoral C 41 3 ..... ^ .. ■■ V .. • Paftoral Talent is thereby but much hid inaNapkine-^ By the 5<^ Article 2d Chap, of the French Church Difciphne, Dodors and ProfefTors of Divinity fhall be Eieded and Tryed by the Synods of the Province where the Acade- mies are. § 4. By the $th Chap, of the Policy of the Kirk oi^cot- rheVoBor la?idy the Doclor being an Elder • is to afiift the Paftor in ^sjuch noRtt- the Government of the Kirk. And by the Ac^t of AfTembly Ungmer.mr Auguft 4. 1643. Profeilbrs of Theology cannot be eleded '/J^ZJ^/^l Commiffioners to General Allemblies, except they be Mi- her of ^ffem- nifters : So that, as Doftors they are not Ruling Elders, hlies. and the Aifembly confifts of none but Pallors and Elders : Therefore as Dodors they cannot be Members of Church Judicatories for Government and Ruling, vide §*. i. Huj.Tit. g*. 5. By the Ad of AlTembly Jww^ 18. 1646. Profelfors Profej[on of Divinity are defired to prefent their Dictates to the next BiUaus m^y General Affembly : But they declin'd at that time to make ^^^^^^^^^'^^^^^ any Act about it for the future, till further Confidera- j/^^/^^^^ tion. TITLE VII. Of Ruling Elders, g I. T TE is called a Ruling Elder, becaufe to Rule and y^j^ ^^ji^^ JtjL Govern the Church is the chief part of his RttUng Elder* Charge and Imployment therein , x^nd albeit he may act as a Deacon, yet his principal Bufinefs is to Rule well, and it belongs not to him to Preach or Teach. 5 F § 2. If C 42 ] _^ meSlm of 5 2. If there be a total Vacancy of Minifters and Elders Elden, in a PariOi, the Presbytery fhould intimate to theHeadsof Families, to meet with fome of their Number on an ap- pointed Day, and then name Elders. But if the Matters of Families do not keep the Appointment, then the Prelhytery are to nominate and choofe the Perfons to be Elders. In cafe the Vacancy be not Total, then the Minifter and El- ders do choofe fuch as fhould be added to their own Num- ber from among the Heads of Families, and the fitted and niofl expierienced of them may be fuppofed to be among the Deacons, viJ. Alfenibly AnguH i. 1642. ^hdrJryaU § 3. The Tryal is to be by the Minifter and Elder- fhip of the Congregation*, Or, in cafe of the want ofthcfe, by the Presbytery, and they are to be tryed both with re- fpefl to their Converfation, and alfo of their Knowledge in the Pruiciples of Religion, and their Ability and Prudence for Government. Serving of § 4. Before Ordination of Elders, the Names ot the Per- their EdtH, fons Nominated and Tryed, m Order thereto, are to Be publickly Intimate to the Congregation , Whereby all are Required, in cafe of their having any Objedion, that is Re- levant and True againft their Ordination, to Reprefent the fame to the Kirk-Seflion. .™- Ordination § 5. Their Ordination is to be by the Minifter of the of Eldrrs. Congregation ;, Or, by one from the Prelhytery in the Cafe above-fupppofed, in prefencc of the Congregation, upon a Lord's Day after Sermon is ended in the Fore-noon .• At which time, the Minifter calling upon the Perfons chofen to be Elders, they are to be Intterrogat concerning their Orthodoxie, and to be taken Solemnly Engaged, to Adhere to, and Maintain the Dodrine, Worftiip, Difcipline and Government of the Church ;, And to lay themfelves forth, by their Office and Example, to fupprefs Vice, cherifh Pie- ty, and exerce Difcipline Faithfully and Diligently. Then the Elders chofen, ftill ftanding up, the Mniifter is next, by C 43 ] by folemn Prayer, to fet them apart, in vsrbis de prAjenth After Prayer the Minifter is to exhort both Elders and Peo- ple to their refpedive Duties. % 6. In cafe an Elder change his Refidence by removing qhW Ai- into another Congregation, if the Seflion, upon a favory mljfun. Report concerning him, fhiU think fit to add him to their' Number , Then, if he be content to accept, his Edid is to be Served, and he is thereafter admitted into the Seflion, his Qualifications having been tryed already in the .Congregation where he was Ordained. . J 7. As the Pallors and Dodors Ihould be diligent in Ttutui &f Teaching, and fowing the Word of God, fo the Elders ^^^'''' '^'''' (hould be careful, in feeking after the Fruit thereof among ?^-^— Peoples Lives. They are to aflift the Paftor in the Exa- mination of them that come to the Lord's Table, and in vifiting the Sick. They fhould caufc the Ads of AlTem- blies to be Obeyed. Xhey fhould be diligent in admonifh- ing all Men of their Duty, according to the Rules of the Evangel.. And things that they connot corred by private Admonition, they Ihould bring to the Elderihip. See The Heads of the Vohcy of the Kirk, g 8. By the Ecclefiaftick Remedies againfl Profanenefs, j^^y i,ave enaded in the AfTembly -^7/gz//? 10. 1648. it is appointed, ;j/ the § I' I ^HE word Deacojiis fometimes largely taken foj Wordis taken-, j^ all that bear Office in the Minifterv% and Jm^tIT Spiritual Fundion in the Church : ' But com- Sej/ionCcnJfi- "^or.lv it is taken for that ordinary and perpetual Ecclefia- r/.i^le that ftical Office in the Kirk of Chrift, to whom the Colledion nants tkem,. j^nd and DHtributlon of the Alms of the Faithful, and Eccle- fiaftical Goods do belong. Vid, Chap, S. of the ?olicy of the Kirk. Where it follows, that, feing this Office is of Divine Inftitution, it is.an UnwarraijitaMe ..Oniiillnn in fome Congregations, that either "they , put ■ lio Difference betwixt Elders and Deacons, or elfe they Negled to Ap- point any to the Office of a Deacon. Vtde,^ i. Tit.. 6, I do not think it Reafonable or very Confift^nt, fqr any to be Zealous againft adding to the Kinds of Office-Bearers of CHRIST'S Appointment, while, they are Adive in, or Connive at the Diminution of any of them. If it be faid, the Elder is a Deacon :. I Anfwer, Albeit the. Paftor in- cludes the Office of Dodor, -Elder, and Deacon, Yet feing thefe are of Divine Inftitutiori, Reverence" is in fo £ar due unto it as to fet up thefe diftind Offices : As nothing Ihould be added to the Divine Inftitution, upon pretence of m\^%mt(\ Decency ox Order in the Invention, fo no- thing ought to be Diminiiiied therefrom, upon pretence that fome Things in the Inftitution are needlefs or fuper- fluous. ^ 2. As to what Refpeds the Eledion, Tryal, Ordina- ^<=^' tion, Admiffion, Continuance, and Number of Deacons, jf^^' ^^' l the fame Method may be ufed about them, as was done jEldirT ^^ concerning Elders, mutatis jnittandis. 5 3. The Duties of Deacons may be reduced to thefe Duties of Heads, Colleded from Mr., Guthrie's Treatife of Elders 'Deacons. and Deacons^ and the Heads of the Policy of the Kirk. I. That they, take exad Notice of the Poor, and that they timeoufly make their Cafe known to the Seffion, to the End, their Straits may be Relieved, and fo their breaking out mto Begging may be prevented. 2, They are to Col- led and Receive that Supply for the Poor, which the Members of that Congregation, or Strangers Ihall be in- clined to Offer. 5. That the Money fo Received be Faithfully Delivered to the Seflion, according to whofe j udgement cir £- /judgement and Appointment, the Deacons are toDiftribute the Church-Goods : In which Matters they have a De- cifive Vote with the Elders : But in other Cafes their Opi- nion is only Confultative, and they may be always prefent. 4. That they take Care of Orphans and Idiots, and fuch as want Knowledge and Ability to Difpofe of, and order the Things that concern their Food and Raiment. 5. They are to take Care that what belongs to the Poor be not Dilapidated, or Mifapplyed. 6. They are to acquaint the Minifters and Elders of the Sick within their Quarters, that fo thty may be Vifited, and, if Need be. Supplied. 7. By the' 9th Chap, of the VoUcy of the Kirk^ Deacons were not only to Collect and Diftribute the Ordmar Aims, but all the Church-Goods, Tiends, &c, and uplift and pay to the Minifters their Stipends. This were indeed a V/ork proper tor their Office, an Eafe to the Minifter, and would prevent much Noife and Offence that is raifed when Charges to make Payment are given, either at their own Inftance, or in Name of their Affignie's or Fadors, 8. They may be Imployed to provide the Elements, to carry them, and ferve the Communicants at the LORDS Table. T I T L E I X. Of Moderators of Church-Judicatories. ItisConvf- S I. QEing the Moderator is frequently called to Ex- nient thcMo- \^ ercife the Power of Order, as Solemn publick ^"^}^°^ k 4 Ecclefiaftick Prayer, at leaft Twice every Seflion, to wit, Work and^ at its firft Opening, and then at its Clofing ^ Authorita- Torrer, " tive Exhoitation, Rebuke, Dired:ion , it is Convenient the [47] the Moderator be always a Minifter, But if any afFed this Office, he fhould be Oppofed in his Ambitious Pur- pofes. The Perfon chofen to be a Moderator would be of fuch Abilities that he can Difchargc the following Work, vi^. He is to look on hnnfelf as the Mouth of the Meeting ^ He is to take on him Authority, yet look- ing on it as theirs; not his , He is to fee all the Rules for Decency and Order, prefcribed by the Judicatorie, ex- actly kept and obfcrvcd ^ He is to acquaint the Judica- torie of all the Affairs that ly before them, and may pro- pofe the moft fpeedie Method how to Difpatch them ; He is to keep the Members from Interrupting one ano- ther, and from fpeaking among therafelves, or from di- reding their Difcourfe to any other than to himfelf , He would likwife keep Members, in their fpeaking, clofs to the prefent Rufinefs ^ Any thing that is fpoken Imper- tinentlie, he is calmlie to Refent it, according to its De- incrit, that greater Heats may be prevented and diverted. Laftly, After the Matter hath been fully Reafoned on all hands, then he is Briefly to Refume the Subflancc of what hath fceen fpoke, and thereupon ftate the Vote, and put the Qyeftion. If the Vote be Equally Carried, then the Moderator ( who never Votes but in that Cafe ) may call it : And if he be non liquet.^ then the Queftion may. be put again at fome ether time. The Moderator may likewife upon any extraordinary Emergent by his Circular Letters, Cohveen Preihyteries and Synods before their or- dinary time of Meeting. So may the Moderator of the laft General Aflembly, Only they would be fure to have fufficient Ground, and fo Cautions, as to have a Multitude of Cnunfellors to Warrand and Support their Adventure. § 2. Our Judicatories choofe no AiTelfors to their Mo- js^o Afjch derators, only he ordinarly prevails with, or invites xhtjors to our moft Experienced to fit near him, that he may have them Mod^miu, ready to Dired and Advife him ; And in Abfence of the prefent [4n. prefent Moderator, bis PredecelTor in that Chair Moderates: And in cafe of his Abfence, the Eldefl Minifter. 'Noconpnt § 3. There is no conftant Moderator but in Kirk-SeiTi- ^Moder/itor,hut ^^^^ vv.here the Miniiler Moderates ex officio^ and if there j^^-^^J^'^'f; be Colleagues they Moderate by Turns.' Every, Preibyte- ner of their ric, before they fall about Bufinefs, choofe one of their EUBion, Brethren to be Moderator, who continues for Six Moneths, from one provincial Synod to another : But the Modera- tors of Synods and AiTemblies are changed at every new Synod and Alfemblie. The manner of choofing the Mo- derators of thefe Judicatories is this, A Lift is propofed by the former Moderator of Two or Three, which Lift . is ordinarly Approved, with the Addition of One or Two more , Out of which Lift, the Candidates haying firft by Turns given theit Voice and Removed, the Moderator is chofen by the Suffrages of the Minifters and Elders, and fet in the place of the former Moderator. 7he Trivi- § 4. It is the Privilege of all the Members of any free lege of Mem-j^^l^^^Qj-y^^Q prppofe a Vote and have it put to the ^'^^' Queftion, provided it be Seconded by another Member, and that albeit both the iV/oderator and other JV/embers ftiould Oppofe the iWotion. T I T L E X. Of Clerks, Readers and Vrecentors. 'ACUrl 5 ^- TTV^^y Judicatorie of the Church is to have .1 his EUmon, ji Clerk of their own choofing, to Record their Adf^iiffion, &Adis. They' are, I think, as free Courts, as any Councils fominmnce. of RoyalBurghs, on whom the Impofing a Clerk, is de- clared'to have been contrary to Law, by the iV/eeting of Eftates [49.3 Eftates 1689. At his Admiflion he is to give his Oatli de fideli^ and continues either during Pleafure or Life as they pleafe to make. But in cafe neither of thefe be clearly expreft in his Ad of Admiflion, then it is to be underflcod only during Pleafure, becaufe all Judicatories are ftill fuppofed to retain their "Liberty to Difmifs Ser- vants when they will, unlefs a Surrender or Reftridion of that Liberty be proven. ff 2. Ads and Deeds under Clerks hands are probative ^^^^^^ ^ Writs, and the Warrants thereof are prefumed , Yet ^o ^^y^^y^^ - as if they be Recently Quarrelled, the Warrants muft be produced. No wife Clerk will give an Extrad till the Minutes of that Diet have firft been read. The Extrads prove what was dons by the Judge, or what was faid or^ al- ledged by Parties, but they do not prove that the Things alledged were True, except in fo far as the Inftrudions thereof are Expreft. Vide Stair's hiHltttt. Pag, 688. §3. Albeit Clerks be very near of Kin to Parties, Yet ,4 Clerk u confidering the Knowledge and Faithfulnefs, that in Cha- mt to be Pa- rity is fuppofed to be in Church-Judicatories, it may be ^^^'^i'^'^ thought that they will rather Over-rule their Clerk, than he them : and therefore he cannot be DeclinedJn Inferiour 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 ihould be fuftain- ed, and another Appointed to be Clerk to that Procefs in his Place, who is of near Kin to the Party. § 4. At the Beginning of the Reformation when there The firft- was fuch a Scarcity of ivlinifters, and few of the People ^U^ of- Rea- could either Read themfelves, or had ever heard the Word „^J\eaj7dT^ of GOD publickly Read in their own Language j Our Reformers in the Year 1605, did appoint Men to Read the Common Prayers and Scriptures till thefe Churches ihould be Furnilhed with Minifters. But now, feing there is fuch an Increafe of Knowledge, and Plenty of Teachers, G " there C 50 ] there is no publick Reading of the Word, except by fuch as are Licensed, or Ordained to French it, and can help the Hearers to Underfland the Meaning thereof. Tricinim § 5. Precentors, or Chanters are they who Begin and thtir Office, Qrdcr the Tune of the Tfalm that is to be Sung, and thereby dired the Churches Mufick : By the Vulgar fort they arc yet called Readers, tho' Improperly. They are in moft Congregations Clerks to the Church-Seflions. Fid. Lib, 2. 'Tit. of Singing of Pfalms, Bedclah § 6. Beddals, or Beadles, are by our Judicatories called their OJfice & Officers : They are to the Church what the Apparitor es 'Q^dificati'^^ vvere to Civil Courts, i^i;s. Magipratmtm MitiiHri^ qui eorum Pilfa exequuntur, fo called, qitia proejl)) fimt^ ohfeqimnturq'-i Magiftratibus. At their Admiffion they give their Oath de fideli^ becaufe their Executions bear Faith. They (hould be Perfons of a Blamelefs Life, and well Affeded to the Church Eftablifhment, who will not Difcover the Secrets of the Judicatory, and they ihould ;ilfo be fuch as can Read and Write, msi TITLE XL Of Churc})'SeJj[tons, ISloMm^ g I, A Lbeit in a Sefiion the Minifter is Moderator ^je ^inrl^rthi J^ ^i^"^' ^^ ^^^^ ^^^" ^^^^' Yet he hath by W^* — Rigbt, no more Power thereby than the Moderators of 0- ther Church Judicatories. See the Ad of the General Aflembly Decern, 17th 1638. Anent Voicing in Kirk-Sef- fions, Minifters Moderating therein, are not to Ufurp a Negative Voice over the Members of his Seilion, and where there are two or more Minifters in one Congtega-; J' ' " ^ " tion, [ 51 ] tion, that they have Equal Power in Voicing, that one of them hinder not the Reafoning or Voicing of any thing, being agreeable to the Ads and Pradice of the Kirk. And even in that Cafe, Voicing and Reafoning upon any Sub- jed can never be hindered, it being inconfiftent with the Liberty of a Free Court to be Impeded or Compelled. But the Debate may perhaps furnifh Ground for a Proteftation or Appeal. Vide § 6. Tit. 8. g 9. The Kirk-Seilion confifts of one or moe Minlflers, ^^''^''^^^^'*" and of the Elders of the Congregation, and it is moft co\\-\Jji§^^^ venient they Meet weekly on a Week Day after Sermon : thir Meeting: For on the Sabbath, ilfatters of Civil Right, fuch as Dif- charging of Eleeraofyner's Intromiflions, fecuring of Mo^ ney, or ordering of Dihgence for recovering the fame, ought not to be Treated or Concerted by any ilfan, and far lefs by Church Guides, whofe Office it is to check that Profanity in others. The Deacons are always prefent, not for Difcipline, but for what relates to their own Office. Ignorant and Scandalous Perfons are to be put off, and kept off from Kirk-Seffions. See Ad of Aflembly, Aug, loth 1648. J 3. The Afatters treated by them, are what concern Mattel Church Difcipline, and the Worlhip of GOD in that Con- ^^'^^^•^ ^ gregation, as, what Days of the Week are meeteft for Af- ^- "' fembling to publick Worfhip, and what Hour on the LORDS Day before and after Noon, When it is Seafonable for Parochial Fafls and Thankf-givings, what Times are fittefl for Catechifing and Vifiting of Families : How of- ten, and when the LORD'S Supper is to be Celebrated , They are like ways to Enquire into the Knowledge and Spiritual State of the Members of the Congregation, whoin they are to Admoniih or Encourage as they fee Caufe, * nnd to Exclude from the LORD'S Table all who are found Ignorant or Scandalous. C 52 ] io'^hTRulf ^4-1^ the Ordering of all which Mtters, nothing is to - - - * be done by them, but what is according to the fettled Or- der and Pradice of this Church : And if there be any new or difficult Emergent that caufeth Doubting or Hefitation, The MMtQY is to be Referred to the Prefbytery, for their Direftion and Authority. 'S:cret c«n- S 5- ^Y the 5th Chap. 28 and 30 Articles of the fefioyis not to French Church Difcipline, Confiftories (hall not give Cer- ht propd'd, tificates to Magiftrates by Ad or otherways, nor fhall parti- ^^^^^'^'^-^cular jlfembers of Confiftories Difcover unto any the Con- " ' feflions of Penitents, which voluntarly, or by Admonitions given them,- fhall have Confeffed their Faults unto them, except it be in the Cafe of Treafon. And as for Crimes which fhall be Difclofed to Minifters by thofe who defirc Counfel and Confolation, they are Enjoyned not to Re- veal them to iVfagiftrates, fearing left Blame fhould be drawn on the Miniftry, and Sinners for the future fhould be Difcouraged to come to Repentance, and make Confef- lion of their Faults, which fhall ftand Good in all Crimes Confeffed, except it be Treafon , It would be confidered that none of the Reformed Churches of France had the Happinefs always to have thofe of their own" Religion ta be their conftant Judges j And the Reputation of the Pro- tenant Religion was not Tenderly Treated, nor duely Regarded when Confiftorial Delations againfl their Bre- thren were made to Popifi Judges, 1 Cor. 6, i. Dare any of you having a Matter againft another^ go to Law before the UnjuH^ and not before the Saints } In thefe Times when the Churches Enemies have Power and Authority ; But now when the Civil Judges own the fame Way of GOD with the Church, what fhould hinder them to In- form the y^iagiftrate againft Delinquents both to their and ethers Terrour. t^'-' g 6. lo [ 53 3 g 6, In every Seflion there ought to be twice in the Year MvyCm-^ privy Cenfures of the Members, Clerk and Beddal. The i^""" ^^ ^'M- Minifters undergoing their pi^ivy Cenfures in the Preiby- J^lj^jJ^'^^^J tery, are not to undergo them before the SefTion. In the ^^"^^^ ' managing of this Cenfure, the Members are one after ano- ther to be removed, and then the reft of the Members de- clare what they have Obferved concerning the Converfati- on of him removed, and of his Diligence and Prudence in his Station. It is to Remembred by all Church Judicatories at their privy Cenfures, that no Member Judiciall}^ de- late another, unlefs fecret Satisfaction hath been fought and refufed. After Elders, Deacons, Clerk and Beddal have paft their Cenfure, each of them,as they are called in, is ei- ther to be Admoniflied before all, .or others Impowercd to do it privately, or elfe they are to be encouraged as need requireth. § "/. By the Adt of Aifembly Angufl 19. 1639. The SefionBooh Books of Kirk Seflions are to be prefented once a Year to ^* ^^ ^^J-^ h the Presbytery, that they may be tryed by them , Or when ^^^-^V^a there is a Vifitation of the Parifh by the Presbyterie. . Af-^'^'^^^' fenibly AuguH, id. 1648. g 8. By the Ad: of Aifembly February 12. 1645. It is Each Seffion Recommended to every Kirk-Seflion to buy the printed Acts ^^ ^0. ^"^^ of the Aifembly, and Presbyteries are Ordained to crave f/^f^^li account hereof, and Synods are to crave account from Pres- read,Z/to . byteries. And it is added to this Ad, by the 18 of the ohjerve thm, Aflembly 1705. That the Agent for the Kirk in all time coming, after every Aifembly, fo foon as the Ads thereof Ihall be printed, Tranfmitt as many Copies of the fame to every Presbytery as there be Parilhes therein, and both Presbyteries and Seflions are ordained at their firft meeting after receiving the faid Ads to caufe read fo many of them as are of publick Concern,in order to their Obferving there- of. And all this to be upon the Charges of the fcveral pres- byteries and Seflions. % 9. By L 54 ] S 9. By tlic ^th Article of the fifth Chap, of the French Ip ^^*7t^ Church Difcipline,it fhall not be peradtted to eftablilh other mm 4lone Council for any Church Bufinefs whatfoever, and if in any for Rcforma- other Church, there (hall any other Council be eftabliihed, tion of Man- diiferent from the Conji/ioty, it (hall forth-with be fuppref- rifh ^hAvinT ^^^ 5 Neverthelefs, the Confifiory may fometimes call to its the 'Magi- Aid fuch of the Church as (hall be thought convenient, JiratesConcHr- ^x\^ that Eccleliaftical Matters be treated of only in the r^nca. place where the- C^/?//f?<9ry doth ademble. They have late- ly eredled in £wgk»^ Societies for Reformation of Manners, not without fome feeming Succefs againft Vice and Imnio- rality,which is Commendable and Requi(ite there,until the Difcipline and Government of their Church be more Pure, and better Reformed. But for the Church of Scotland^ as now eftabliihed, to imitate that Example, beiide that it might become an Intrbdudion to Innovations, it would re- femble a vain Youth his bringing wide (leev'd Coats in fa- (hion, becaufe fome Perfons of Quality, who had a Di- ftemper in their Arms, were neceditated to caufe make them wide for their own Eafe. The Author of The Stage con- demn* d^page 45. proves Stage-plays to be condemn'd in Scrip- ture by -this Argument, That which God hath appointed fufhcient Means to accomplilh, it is unlawful for Men to appoint other Means to accomplilh it. But God hath ap- pointed fufticient Means for recommending Vertue and dif- countenancing Vice without the Stage .• Ergo, It is unlaw- "ful for Men to appoint the Stage for recommending Ver- tue and difcouutenancing Vice. And the fame Argument, mutatis fnutandis, militates againft thefe new Lay-Societies for Reformation of Manners in the Church. TITLE C 55 3 TITLE XII. Of freshyterieso S ^' ^'T^HIS Judicatory confifts of all the Paflors with- 7^^ Confii- JL in the Bounds, and one Ruling Elder from tuents of a each Pariih therein who receives a Commifli- Presbytery, on from the Eiderlhip to be a Member of the Presbytery, ^^^ anhilie and reprefent them there till the next Synod be over j 0/ A/fm»^. Thus twice a Year there are new Eledions of the Ruling Elders. The Number of Parilhes alTociated in Presbyteries for their mutual Help, is determined by Authority of the National Synod, December 17, 18. 1638. ^rf. 8. as the Ad- jacency of the Congregations, and the Eafinefs of Travel- ling doth beft allow. Where thete are Collegiate Mini- fters, that Sellion may fend as many Ruling Elders. The Directory for Government faith. That, to perform any Clallical Ad of Government or Ordination, there fhall be . prefent, at leaft, a Major part of theMiniflersofthe whole Cldj]is. Presbyteries (hould meet every third Week, and oftner if Bufinefs require it , But of this fee § 3. h. t: % 2. Every Meeting of a Prelbytery is to begin with a PreshyterU Sermon by one of the Brethren appointed formerly for that ^Arrrd/w 4» ^^* 1 638. at Vifitation of Kirks, the Families of Mi- InterrogAte niftcrs are to give an Account, and to be tryed concerning concerning {[^^ gQod Order and Behaviour that they obferve within ^ ^- ----* their Families, and fuch as are found Negledors of Fami- ly Worfhip, or Inftruding of all in their Famihes, or fuch as remove not thofe who are Offenfive therefrom, Ihall after due Admonition be judged unfit to Rule the Houfe of God .* For he ought to be one that Ruleth well his own Houfe, I Tjm. 3. 4. Chnrch-SeJ- § 6. The Qiieftions to be enquired by a Presbytery at fion Interro- the Elderfhip concerning a Minifter may be thefe and fuch fngthdr% %• ^- ^^^^ y^^^^ Minifter a Gofpel Walk and Convert jfor, fation before, the People ? And doth he keep Family-Wor- fhip ? And is he one who Rules well his own Houfe? Is he a Haunter of Alc-houfes and Taverns? Is he a Dancer, Carder or Dicer } Is he Proud or Vain-glorious ? Is he Greedy, or Worldly, or an Ufurer ? Is he Contentious, a Brawler, Fighter, or Striker ? Is he a Swearer of fmall or minced Oaths ? Ufeth he to fay. Before God it is fo, or in his common Conference, I proteH^ or, I prat eft before God} Or, fays he. Lord what is that, all which are more than Tea and Faji ? .. Is he a filthie Speaker or Jefter ? Bears he familiar Companie with DifafFeded Prophane or Scandalous Perfons } Is he Diffolute, prodigal. Light, or Loofe in his Carriage, Apparel, or Words ? How fpcnds he the Sabbath after Serraon ? Saw ye him ever drink Healths ? Is he at Variance C 6i 3 Variance with any? Is tliere any that Reproaches himj Or; is he well Beloved of all ? And upon what Ground is it that the Variance or Good-liking of the People is > 2. Keeps he much at Home at his Miniiterial Work Doth he Labour to fpeak to the Sick fuitabUe to their various inward Conditions } Doth he not efpeciall^ Vifite fuch as be Exercifed in Con- fcience > Doth he Vifite fuch as are Aftiided by Death of Children or other Relation > Vifites he the Widows, Orphans and Poor > If he be Minifter of a Burgh, Vifits lie the Prifoners ? Is he not Careful when he Vifits Fa- milies to confer with them in private, and Pray with them, thereby Learning the Cafe of their Souls, that fo the Dodrine in pubiick may the better meet with their Con- dition ? $to. Doth he Adminifter the Sacrament of Bap- tifm in an orderly way, when the Congregation is con- veened, or doth he it at any time privately > Doth he add any Word to, or alter the Words of Inftitution ? 6to, Doth he frequently Catechize his Pariihoners, and Admi- nifter the Sacrament of the LORD*s Supper to them > And is he careful in keeping from that Holy Ordinance, all who are known to be Scandalous, grofly Ignorant or Erroneous ? How often have ye the Communion every Year > Doth he not begin to Catechize Young Ones about Nine or Ten Years of Age, and how Cenfures he Con- temners of Catechizing ? What Courfe is taken with Con- temners of the lord's Supper upon frivolous Pretences > At the LORD'S Supper,doth he not caufe Cut the Bread in large 6c fair Shaves tit for mutual Fradion and Diftribution, that as they give the Cup to the neareft Aflident, fo hav- ing broken 'off a part of the Bread with their hand for themfelves, they give the Reft to the Perfon fitting neareft them ? Do your People all fit at the LORD's Table > In the time of Diftribution, Eating and Drinking, is there any Reading, or Singing of Pfalms, or is there Silence, ^ and fo time for Meditation, except it be a ftiort pertinent and awakening Word dropped by the Paftor > ytimo. Hath he a Competent Number of Elders ? And hath he Deacons Deacons in the Parifli diftina: from Elders > Doth he keep 5e{lional Meetings frequently > And is he Impartial in the Exercife of Difcipline againft all Offenders > Is there frequent Meetings of the Members of 5eirion, for Fafling and Prayer according to the Ad of AiTembly 1699.. Doth he travel with publick Penitents in private to make them fenfible of their Sin, according to its Circumftancesj and fenfible of Mercy, that the Love of CHRIST may overcome the Love of Sin ? And then doth he AUfolve them, when brought up to fome Ingenuous Confeflion and Refolution for the future ? Doth he ever Cenfure Perfons for Living Idle, breaking of Promife, or for Backbiting > Doth he Cenfure Keepers of 5uperftitious Days > How doth he Rcftrain Abufes at Penny-Bridvals } Doth your 5efIion meet Weekly ? Doth your Minifter coolzie any whom another Brother hath in Procefs ? Or doth he carry any way Partially, that fo he may become popular? Doth he in 5eflion affume to himfelf a Negative Voice > When he is neceflitated to leave his Flock, doth he not acquaint the 5eflion with it } Bvo, Is he careful to take away Variances that fall out among Families, and Compofe Differences among particular Perfons in the Congregation;. § 7. After that the Elders have Anfwered to thefe or P^J^or ani the like Queftions : Then the Heads of Families are to^-f-'^^ f^'^' ■ be Interrogate in general concerning theLives ^ridMrnn^vs^AtT coTclr^' of the Members of the Seffion : And the Paftor \s to'ning the • Anfwer more particularly to thefe or the hke Queftions. ^^^^^^'•^'^- ( T. ) Is your Seffion rightly Conftitute, and all the El- * ders ard Deacons duely Admitted according to the Ads of Affcmbly > ( 2. ) Do they all Attend Gofpel-Ordinances and the Diets of the Seffion ? (3.) Are theyGrave, Pious, and Exemplary in their Lives and Converfations > Do tliey Worlhip GOD in their Families ? Is any of your Elders an Ignorant Man, a Drinker of Healths, a Tipler, a Drinker Exceffively to Drunkennefs,, a Swearer, an Ob- ferver. m. C ^4 3 ferver of Yule-Days, &c^. Is he One th^t Obferves not the Sabbath > Is he Careful to keep his Oath of Admif- (ion taken before GOD in Face of the Congregation, not to Delate or Cenfure, but as Edification Requires > Do any of them Work on Solemn Faft or Thankf-giving Days > Is any of them a Mocker of Piety ? ( 4. J Are they Di- ligent, Careful and Impartial in the Exercife of their Of- . iices ? Do the Elders Vifit the Families within the Quar- ter ^nd Bounds afligned to each of them ? Arc they vCareful to have the Worfhip of GOD fet up in the Fami- lies of their Bounds > Are they Careful in calling for Teftimonials from Perfons who come to-Refide in the Pa- rilh ? Do the Elders take all Difcipline upon themfelves without the Minifter > Or do they Labour to carry Things Fadioufly, or by Plurality of Voices contrary to GOD's Word, and the laudable Ads of the Prefbytery, .Provincial, or General AiTemblies ? ( 5« ) Have the Ei- ders Subfcribed the ConjeJJion of Faith ? And are they well Affeded to the Government, Worfhip and Difcipline of this Church ? ( 6. ) Have the Elders and Deacons their Diftind Bounds afligned them for their particular Infpedion ? ( 7- ) 'Does your Seflion always appoint a Ruhng Elder to attend Preibyteries and Synods ? ( 8. ) Are the Deacons Faithful in their Office, in Col- leding and Diftributing all the Kirk-Goods,and in having a Care of the Sick Poor ? After all thefe Queries arc over. The Minifter and Elders are to be feverally Encouraged or Admonilhed as the Prelbytery fees need. ThePrecen- g 3. Then the Precentor, School-Mafter, and Clerk of m, headhf ^j^^ Seflion, who in Countrey Congregations are ordinarily one and the fame, and after them the Beadles, Bell-inen, and Church Servants being removed, the Prefbytery is to enquire at the Minifter, Seflion and Heads of Families concerning their Converfation, Fidelity and Diligence in , their OfHces, and the Preft)y tery is thereupon to proceed as the Matter requires. §9- After r^A'i'tTn" [65] f 9. After all thefe Enquiries, the Prefbytery removing jp/^f ^ f^ the Heads of Families, the Minifter ^ and Elders are to be y^^^[ ^^^'^;;. inquired concerning the Congregation, ( i. ) Doth xSitningthe Conr-^ Body of the People attend Ordinances duely and timeoufIy,g''<'^*m and flay till the Blefliiig be pronounced ? Are they Dili- gent in improving the Means of Knowledge, and arc they Growing therein > ( 2. ) Are they Submiflive to pubhck and private Exhortations, and to the Difcipline and Genfure of the Church, by Admonitions and Reproofs as Need re- quires > And do they by their Words and Adions rnani- feft a faitable Refp'ed to their Minifter and Refpcdivc Elders > ( 3- ) Are they careful to Educate their Chil- dren and Servants in the Knowledge of GOD > What Succefs hath the Gofpel and Labours of Minifters and Elders among them > What Scandals, Schifms, Herelies or Divifions arc among them, .and if on the Growing Hand ? How do they Obferve the LORD*s Day > § 10. Then the Minifter, Heretors, Seffion, and Heads Talior^Kir^^ of Families being prefent, the Preft)}1:ery is to Inquire after §^'"* ^"■^ the State of the Church, as to its Fabrick, the ^^^^^^atut therein, and Divifion of the fame. The Church- Yard rogate ahm Dykes, the Utenfils of the Church, Communion Cups, Things of com^ Cloaths, the Minifters Manfe, if it be in Repair, The ^^^ 9^{^*h Glebe and Stipend, the Sallary of the Schooi-Mafter, Pre- centor, Seflion Clerk, and Beadles, and how the Commu- tiion Elements are provided, whether they be payed for out of the Poor's Money, and that when the Communion is but Celebrated once a Year > Vid. J 24. Tit, 2. Lib, 2. Enquiry is to be made how much the Stipend is ? of what Nature ? How payed ? and if there be a Decreet of Locality for it > As alfo, about the State of the Poor, whether there be any Mortifications and Legacies for them, or other Pious Ufes > And how thefe are Secured, and their Interefts payed and Applyed, and how they have been Managed and Imployed from time to time, SeJ/l 1 8. I t ^em. 166 1 Mem. 1 700. After the Vifitation is over, all Parties^ are to be called in, and the Moderator is tu Conclude all with Prayer^ tnenti TITLE XIV. 0/ Provincial Sjnods. TheCmJli'^ I, f-W^He Synod or Provincial AiTembly is immediate^ ? "' the Synod is Moderator and Clerk to the Committee of Overtures. All other Committees choofe their own Mo- derator and Clerk, who is to prefent their RepJft to the 1 Synod in Writing : Any Member of a Judicatory may be prefent with the Committee though none of the Num- ber, and may Advife but not Vote there : As alfo may one of a Committee be prefent in Sub-Committees of their I 2 f owa C^8I own Appointment, all which Conamittees are chofen by the » Synod only, as General Aflemblies do theirs. 'Aimers g ^^ Xhe Prefbyterie Books are called for and produced, 5wl ^ ^^^^ Book is committed to fome Members of other Prefbyteries to be Revifed and Examined by them, that it may appear how each Prefbyterie hath kept Order, and performed what was Recommended to them by Synods or General Aflemblies ^ And upon the Revifers their Report, they are Cenfured or Approved accordingly. What was Obfcure or Difficult for the Prefbyteries, or might concern them all in common, is Refolved and Ordered : What feath been done Amifs by Prefbyteries is RedrelTed : And if any Difficulty arife which doth not fall under fome Church Conftitution, it is referred to the National Aflembly. ^rts^'terie's § 5- Every Prefbytery is to get an Extract ot the Ads We to carry of every Synod,, and to Read fuch of than in the Prefby- ^^^^J*"^^^^^ ttry as are of General Concern, or which particularly re- ^^'^ ^'' late to any in their Bounds^ that they may be the better Obferved. Trhy Cen^ § 6. At the privy Cenfures, none ought to be prefent jitres hy Sy- but Members. Upon the Revifers their Report of the 9^h Prefbytery Books, each Prefbytery is removed per vices^ in order to privy Cenfure in the fame manner as was faid of the Minifters in Prefbyteries, and of Elders in Seflions, Vid. § I. Tit. 15. Centcfima § 7^ By the i7th Article of Cap. B. of the French Church i^Mmifiers Difcipline, concerning Provincial Synods, The Paftors in ckurenT ^^^^. Province fhall Reprefent the Widows and Children of Minifters which Dyed in the Service of the Church, to be Supported and iWaintained at the commonChargeof each Prnvmce 5 and where the Province fhall be Ingrateful, the National Synod ihall Redrefs it. Our Church propof- €th the fame Perfons as proper Objeds for the Paftors m the Synods their Charity, and the Centefima^ or Hundreth par]; of each Benefice to be the Fund, and payed in to the Colledor [ 6s ] Collector tliereof Yearly, who is to be appointed by each Synod, and is to Diftribute the fame to the Relids, and Children of Deceaft Minifters within the Bounds of the Synod conform to their Order. TITLE XV. Of Extraordinary Synods and General Affemhlies, 5 I. XT'Xtraordinary Synods, Icallfuch, as that of the Extmrdi' 12j Aifembly at fVeftminfter, which confifted of ^-^p "^^"^^^ Divines and Gentlemen, many of whom were ^n^/diLric^ not Elders, Called and Nominated by the Civil Power to State of the ^ Confult about the Dodlrine, Worfhip and Government oi^^f*^^^: the Church. Or, when Minifters without Delegation from the Church, do of themfelves meet by virtue of their Office. Which Synods this Church doth not Approve of in a Settled and Conftitute Condition, but only in fuch Churches as are not yet Conftituted. It being always free to the Magiftrate to Advife with Synods of Minifters and Ruling Elders, meeting upon Delegation from their Churches, either ordinarly, or being Indided by his Au- thority occafionally. See the Ad of Aflembly 1 647, Ap^ proving the ConfeJJion of faith. Yet by Ad of Aifembly, Decern. 19th 1638. Minifters are Obliged to give their ,/idvice and Good Counfel in JWatters concerning the Kirk, or the Cnfcience of any whatfoever, to His Majefty, to the Parliament, to the Council, or to any Members there- of for their Refolutions from the Word of GOD. ff 2. By [ 70 ] a^Thnd^ 4 ?. By the Diredory for Church-Goyernment, as it ^femhly by '^^^ Printed in the Year 1647, to be Examined by Prefby- the Directory teries, the Affembly was to coniilt of as many Ruling-El- jhoMheaf jgj-g ^^g Minifters, which doth agree with the 9th Chap, Jtn at kaji ^^^' 3^- ^f the Yrench Church Difciphne : But by the 4^ ^«//>ig-£/- Diredions of the £«^?{/2; Parhament, Aug, 19. 1645. It dets, is Provided, that there be in all AfTembiies two Ruling- Elders to one Minifler. It feems indeed but Reafonable, when Preibyteries the Conftituents of General Aifemblies do confift of Minifters and Ruling-Elders equally, that they ihould be equally Reprefented there likewife. The Nature § 3- At the Beginning of our Reformation^ the AiTem- of oHr firH: bly did confift of thefe of the Reformed Religion, dele- ^e^'h^i'f Z"^^^^ f^^^"^ i^oniQ Shires and Burghs where the Reformed tfiMioL dwelt. The Number of Paftors was then fo fmall that it did not exceed the fourth part of the Meeting, as may be feen from their Sedemnts in the Copy of the M. S. Ads of Affemblies : And until the Number of Minifters did Increafe and Miltiply, it was at firft a General ikfeeting of them all ; But thereafter they did Impower and Commif- (ionate a few to Reprefent them, who are thereupon only Defigned the Commiffioners of the General Ajfemhly. WhAt mtiy S 4- ^f a^ Affembly be Indided by the Civil Magiftrate ie»«»// A Ge- on fo ftiort an Advertifement as Twenty Days, that fieral AJfemz Preft)yteries ( efpecially the more remote ) are not time- ¥jh oufly advertifed. to choofe Commiffioners, and fo the Church not fully Reprefented, an'Afl^mbly fo meeting is declared Null. All New Scots Parliaments were called on Fourty Days, and what prejudice can it do if Preffjyteries receive as 1 air an Advertifement, unlefs it be to the Service of feme prefent Delign againft the Church ? 26io, An ^I'embly is Null where the iVIembers or a Great many of them are not Eleded by Preff^yteries, but Named by the Magiftrate, in which Cafe, tho' they may Ad: as Advifers of the Magiftrate, yet they cannot Ad as thefe having Authority E 71 1 Authority from the Church, ^tio. An AiTembly is Null, when Presbyteries are Reprefented by moe Minifters than the ftandiiig Acts of Allembhes, Regulating the Reprefen- tation, dodi allow, or where no Ruling Elders are com- miflionated. 4^^. An Allenibly isNull, when Members do Vote for thefe Matters, to which they are threatned to give their Vote, by the Civil Magiftrate. $to. An Afftmbly is Null, when a Moderator or Clerk is impofed upon them without their SviiFrage .- See at kngth Acts of Afltmbly, December A^th 1638. g 5. The General AiTembly December 20. 1638. De- y^pmhlier clares that by Divine, Ecclefiaftical and Civil Warrant, the ^^y^^y^^' AiTembly of this National Church hath Power and Liber- mare natal' ty to Aflemble and Conveen in her Yearly General AlTem- blies, and oftner, pro re nata, as Occafion • and Neceflity fhall require : To this agrees the Ad of Parliament 1690. Ratifying the Confeflion of Faith, and Setthng Presbyterial Church Government, fo that the Sovereign, till thefe Laws be altered, cannot by His meer Authority or Proclamation, render the Meetings of Ailemblies Precarious and Uncer- tain, unlefs He run the Rifque of Renewing the Difpen- fing Power. g 6.. By the $th Ad of AiTembly 1694. The Reprefen- The Reprt^ tation of the feveral Presbyteries in this National Church ^^'^^'^"'''* ^^ in its General Ailemblies, Ihall hold proportion to the ^^^"^^^^ ^-^ Number of Parifhes whether vacant or planted within each the Mmher Presbytery, in manner following : All Presbyteries con- o/'^f»«^f^-<"' lifting of twelve Parilhes, or under that number, Ihall fend ^E^i"^^^j. two Minifters and one Ruling Elder. And all Presbyteries X»y? mm/,. confifting of eighteenParilhes,or under that number,but3bo ve twelve, (hali fend three Minifters and one Ruling Elder. And all Presbyteries confifting of twenty four Parilhes, or under that number, but above eighteen, ftiall fend four Mi- nifters and two Ruling Elders. And Lasilj, All Presbyte- ries confifting of above twenty four Parifties, ihall fend five. Miniftersr X 72 ] Minifters and two Ruling Elders. And every Collegiate Church where there ufe to be two or moe Minifters, are, fo far as concerns the Defign of this Ad, underftood to be as many diftinft Parilhes : So that Presbyteries delegate not lefs than a (ixth part, nor more than a fifth part of the Mi- niftcry. Conform to the Reprefentation proportioned by this Ad, the Number of Minifters delegate from Presbyte- ries are one hundred and eighty, and of Ruling Elders (ix- ty 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 (ixty feven m0€ Ruling Elders to that Order, making in all of Elders one hundred and thirty five. By that fame Ad, no perfons (hall be admitted Members of AlTemblies, but fuch as. tuff either Minifters or Ruling Elders. And by the 6th Ad' of Afiembly 1698. it is Recommended to Presby- r teries to choofe only fuch RulingElders as may and will give Attendance. rherefhofiU g y, Coitimiflioners from Royal Burghs, till the Matter UnoDelegA-^^^^ further thought upon, by the Ad of Alfembly ^/z/y 15. Tre^hiJur ^^^^' are to obferve the ordinary Pradice, viz. That each pfl/j. "^ Burgh fend one and Edinburgh fend two Ruling Elders ap- proven of and confentcd to by the Minifterie and Seffion of the Burgh. But yet each Univerfitie may be Reprefented, ^by a Minifter or Ruling Elder , Neither is that kind of Approbation of the Choife required, albeit there may be the fame Reafon for it : For the Members of a Faculty as fuch are not obliged to be cither Minifters or Ruling Elders. But upon the whole, our Pradice would be more eafily ac- counted tor, and a great deal more agreeable to that of for- reign Churches, if Delegations were only from Presy teries, and the Delegates equally both of Minifters and Elders. i;vl' vL-^<.'.ttd8i£;. C 73 3 g 8. By the 6 Ad of Aflemblie 1704. no Minifter or El- "All Comi ^er can be Commiflionated to the General Airemblie by any miffloners ^ Presbytery, Burgh, or Univerfity, but fuch as ufually refide '»'*/^ '"'j^^ '^" in, or have a Relation to the Presbyterie, Burgh, or Uni- ^tTthe^Bmnds verfitie they are Commiflioned from. This is Enaded, t]\dx\hljLpr7fcJ. Pragmatick and Defigning Men may be kept out from being Members of Aflemblies.- After their own Presbyteries, &c. (perhaps from fome fuch Apprehenlion ) had been pleafed to negled them in their Choice. g 9. The AiTemblie by their Ad the ^.o^AuguH 1641. T^^Scot* oonfidering, that if the Scots Kirk at Campvere were joined ^^^ ^ as aMember of the Kirk of Scotland, it would be conveni- Rep^^'^ntfl- •ent for Correfpondence from forreign Parts for the Well j/dr /»jf;-«f- of this Kirk; Therefore they delired the faid Kirk of m/>^, &c» Campvere to fend their Minifter with a Ruling Elder, with their Commiflion to the next General AlTembly, at which time they fhould be Inrolled as Commiflioners from that Kirk. When that Church is vacant, the Convention of Royal Burrows have been in ufe to prefent a Minifter, and. aft as Patrons. And by the Ad of AiTemblie 1704. fome Propoiitions concerning the faid Kirk approved by the Af- femblie 1642. are of new Enaded and Authorized, ^'is;. (i.) That the faid Kirk obferve that Order in the outward Worfhip of God, and Exercife of DifcipHne, as is here re- ceived by Law and Pradice. ( 2. ) That, at leaft, every third Year their Commiflioners be at the Aflemblie, whofe Expences are to be payed by their own Kirk, till this Church be in a better Capacity to do it. (3.) That they advife with the Presbyterie bf Edinburgh, or Commiflion of Aflembly concerning Emergent Difficulties, % lo. By the Ad of Aflembly 1638. December 17, igj^ comrmjfuh It is referred to particular Prcsbyteries,and efpeciallie to the ners to ani Ruling Elders therein,that CommilTioners to Aflemblies their ft?"^ ^(^^/T Expences be born conform to former Ads of Afl'emblies, ^^'/^^^ ^^ by the particular Pariflies in every Presbyterie, and pro- '~'~^ K f por- C74T pordoiimllie by .all forts of Perfons, able in Land or Money therein : Which Ad is ratified by the Aifembly 1639. Ajtguft 29. and Extended to the Expences bearing of fuch as fliall be fent in Conimiflion by General Affemblies .♦ But it's referred to the Parliament for making thefe who are ftented to pay their Proportions : By which it's clear that Presbyteries may Stint the people within their own Bounds, for defraying the Charges of thofe therein, who attend General Affemblies .• But then it muft not be Exaded, but only Received from a willing condefcending People, which will certainlie be very unferviceableif otherways received, ' unlefs the Expenfes be moft inconfiderable. And the Pradice might prove more ferviceable in ^ difturbed State of the Church, when Minifters come to be deprived of their Stipends. Since the Year 1642. our Sovereigns have be- ftowed four or five hundred pgund Sterling Yearlie, to be Imployed by General AlTemblies, which will do much to defray the Expences of Commillions from General AiTem- blies, fent to vifit the Remoter parts of the Church, vicL Affli6/\.2, Aitgitsi 5. ^ § II. The General Aifemblie, by their Stb Ad: 1695. €^mmtf(ionsto%'^^^^^ the Form after infert for a Diredory to Presbyteries in General ^J- their giving Commiilions to their Members for General Af- ■Jenshlies. femblies 5 Which Form is likewife obferved by Univerfi- ties, each whereof fends one, as alfo Royal .Burghs, muta- tis 7mitanciis, At the day of Years, The which -day the Presbyterie of Did, and Hereby does nominate and appoint Mr. A. B. Minifter at C. Mr. V. E. Minifter at F. and ■ Ruling Elders their Commiilioners to the next General Affembhe of this Church, Indided to meet at the day of next to C(.nie, or when or where it fhaU happen to fit, Wil- ling them to Repair thereto, and attend at all the Diets of the fame, and there to Confult, Vote and Determine in all Matters that come before them, to the Glorie.of God and Good C75] ,. ,. . ^ Good of His Church, according to the Wcfr^' of God, the Confcflion of Faith, and agreeable to the Conftitutions pF this Church, as they will be Anfwerable, and that they Report their Diligence therein at their Return there^from. Extracted by me, &c. And by the 6tb Act of Ailemblic 1704. this Claufe muft be infert and added -to the fajd Form of all Conmiiflions, i-f^s. That they' have fubfcribed the Confeflion of Faith of this Church, according to the iitb Act of the General Affemblie Anno'tjoc. g 12. The Reafon for Enacting this Uniform Method, jh ^eajott was, That all Members might beahke free ; For before /or this Vr^i-^ this Time feveral Prefbyteries did Infert in their Commifli- /<'^^^0'' ■ ons particular Inftrudions and Limitations, which did not a iitie. Muzzle and Confufe the Members, and might at fome Occafions have proved an' advantageous Handle tor fuch as were not tender of the Churches peace. % iq. By the 4?/^ A61 of Aifembly 1694. Commiflioners .^^^^^^^^^ from Prefbyteries and others are appointed to give in their ;^,y^(,^^ ^re refpeclive Commiffions to the Clerk of the General AiTtm- tohe given ifK My, the Night at lead before the firfl Diet or Meeting thereof, to the EfFed the Rolls may be timeoufly made up, and that the Commiflions may be confidered bythe Affem- bly without any Interruption .* And all Commiffions not fo given in, (hall be delivered in the Intervals, betwixt and the After-diets. § 14. By the 6l;b AS: of Affembly 1698. Prefbyteries Commlffio- ai;e , appointed to choofe their Commiffioners to General «er^ ^r^ ^o /^^ AltemKUes at leaft fburty Days before the Sitting xSxtx^oi : '^-lelid \omy That which gave Rife to this Ad: was, that the tiivil Au--^'^-^-^^^''-^''^'^ thority, for ferae time before that, had been plcafed, ^')^^ ^^yjy > ( though not agreeably to the Ad of Parliament rG^o. in favours of the Church ) to Interpofe a privative Power in adjourning General Alfemblies to a longer tinie than the iVp- pointmentofthepreceeding Aifembly, whereby their Meet- ings were rendered both Infrequent and uncertain : And with' K 2 fume Z 7S l fume View to obviate this, I think, the Ad hath been made, but yet efpecially that Members might be in cafe to attend, being fo long chofen before the time. g 1 5. The General AfTembly ufeth to be Honoured wr^-S with the Sovereign's Prefencc, either by Their Royal Per- €ommijfioner fon, or by^ Their High Commiflioner : For which the Jionows the ;^loderator in the AlTemblies Name doth ufe to exprefs '^£^^^'>^^^* their Thankfulnefs, and how great a Mercy they do efteeni Unce, vUch,k to have the Countenance of Civil Authority. But there tho acceptdUe^ have been many General AlTemblies begun, held and con- yet ism £/-tinued in Scotland^ without either the King or His Com- Memhhf^ miflioner's Prefence : And that it was not, nor yet is con- ~ trary to Law, is Evident, if the firft Ad of Parliament One thoufand five hundred ninety two. Ratified in Parli- ament One thoufand fix hundred and ninety, be ducly confidered. g 16. The firft Commiflion that was granted, was by Sjr^S'XKing James the VI. Anno 1 580. as may be feen in an old Xtng's Mij' M. S. of the Ads of AiTemblies, and was nothing elfe but \^e^ " a Miflive Letter under the King's own Hand, the Tenor whereof follows. Trujly and well Beloved Friends, We Greet Ton well. We have direBed towards Tou ou r' Trnfiy Friends the Trior of Pittenweem, and the Laird of Lundie, IntruHed ivith Our Fower for that EjfeB, for Af- fining Tou with Their Prefence and Counfel in all Things^ that They may, tending to the Glory of GOD, and Prefer- vation of Us and Our EH ate, Defiring Tou heartily accept the?n, and Our Good If ill committed to Them for the pre^ fent in Good Part, Sua We Recommend Tou to GOD s Bleffed ProteBion, From Our Palace at Falkland, r^^ 22d Day of July 1 5B0. JAMES R, 7ht Brm n^ §17. But now thefe Commiflions are more Pompous and 3i more Siz Solemn, pafling in Latine under the Great Seal. Sometimes ■kmn. jhey have been Complex, cloathing the Gommiifioners with fomewhat of a Vice-Roy-lhip in the State, as well as Com- miflioner I 77 1 iDiflloner to the AlTembly : Thus it's faid the Marquifs of Hamilton, and Earl of Traquair their Commiflions were in the Ye:irs 1638. and 1639. THe Commiflions granted fiuce the Revolution,you may fee in the printed Ads of Af- fembhes. Though thefe Commiflioners be refpcded in the Aflembhes, and about AiTembly Affairs, as Reprefenting the Sovereign's Perfon, Yet I doubt if they could claim any Place or Precedency in Meetings of State, meerly as Commiflioners to the AiTembly. But this is ftill kept un- decided, as appears by their Difappearing at fuch Mettings while the General Aflembly is fitting. §* 18. The Prefbytery of C^W^m^ in D/?n>« is autho- Presbytery^ rized to fend Yearly two Reprefentatives to the General ^^P^"/^- AlTembly : They being a part of this National Church, ^^^^^^ ' and fubjed to Her AiTemblies, as appears from the Inftruc- tions given them by the Commifiion of the General AiTem- bly 1699. §19. The Moderator of the former AiTembly opens it TheOp&»m^ with a Sermon , But in cafe of his abfence, his Predecef- ^f ^^^ ^J[(»}^j for in that Chair hath the Sermon : And in abfence of them ^^-^* both, the eldeft Minifler of the Town where they meet preach eth, and openeth the AiTembly by Prayer, and Mo- derates till a new Moderator be chofen. Thus it was done in the Aiiembly at Glafgow 1638. After Sermon the Members go into the AiTemhly-Houfe, where, after Prayer by him who preached, a new Moderator is chofen in the manner before- mentioned, their Clerk continuing by Commifiion, fometimes during Life. It is to be remembred that before the new Moderator is chofen, the Rolls mufl: firfl:.be made up, and at the calling of eich Prelbytery, Burgh and Univerfity, their CommiiTion is Read. After the Aflembly is thus confi:itute, the Perfon reprefenting the Sovereign, produceth their Commiflion to Him for that EfFed, and ordinarly a Letter alfo from the Sovereign to the Aflembly, both which are publickly read with C 78 ] with great Hoaour and Refped, the Members {landing all the time that the Letter direded to them is a reading •, And by their Appointment^, both Commiffion and Letter are Re- corded in their Books. And all the time of the Commifli- oner's Prefence, the Members fit difcovered. The Com- miflioner ordinarly has a Difcourfe to the AlTembly, affur- ing them of their Majeftie's Protedion, and continued Fa- vour, and he Intreats them to Unanimity and Difpatch in their Affairs \ To which the new Moderator ufeth in Name of the Aifembly to make a Ihort and futeable Return, both which are likewife Recorded. 'ohJerve?!-''' ^ -^'^Y the Ad of the Allembly7«/y2 9. 1640. It is ap- wonT the pointed that the Commiflioners fit together unmixed,and the Memhers.mci t'laces where they fit be divided from the Seats of others. in theAJJem- ^s alfo, that four Perfons of Refped have Warrand to en- lly-HoMJe. JQyj^ jj^^j. ^i^gj.^ j^g j^^ Noife, no Standing, nor diforderly Behaviour: And if any fiiall difobey them, or dired his Speech to any,exc5pt to the Moderator, he is and that one at once with leave firft afked and given, to be rebuked by the Moderator .• And if he defift not,he is to be remov*d out of the AlTembly for that Seflion. As alfo, thattheMimitesof ilk Seflion be read before their Rifing, and if the Matter con- cern the whole Kirk, let it be read in the beginning of the next Seflion. This Order is to be read the tirft Seision of each Aifembly, and the Act is Ratified July 28. 1641. and Augujl 6. 1642. Cowmitteesof § 21. The ordinary Committees ufed in General A ffem- [Ajjemhlics : bUes are, I. The Committee for Overtures. 2. TheCom- P"^ j^^^^mittee for Bills, References and Appeals. 5. The Commit- hing ckojen, tee for Elections and Commifsions. 4. Committees for Re- vifing Synod-Books and Regifters, and of Commifsions of General Afiembfies. 5. A Committee for Cenfuring of Ab- fents, and nominating Minifters to preach before the Com- mifsioner if prefent. 6. When the King or Queen Ho- nours them with a Letter, there is in the firft place appoin- ted C79T ted a Committee for Drawing an Anfwer thereto. There are alfo other Committees for particular Matters, named as is found needful. AH Committees of AirembUes are to confift of Minifters and Ruling-Elders, Members of feve- ral Synods, and in more numerous Committees, fome out of every Synod : All which Committees are ordinarly named by the Moderator, in prefence, and approved by tacite Confent, only fometimes Members propofe the Adding of fome others, whofe Motion ufeth likewife to be Acquifced in : So that there hath never yet been any Eledion of Committees, either by Synods giving in feparate . Lifi:s,or by Members giving in Lifts,as has been done in our late Parliaments. Only for preventing the perplexing of Ail'embiy Bufinefs, it is fit that no Member be put upon moe Committees than one. 5 2 2. Albeit no Bufinefs ought to come in to the A{- Commttei fembly diredly, till it be propofed to, and prepared by °/ ^^^7^^^*^ -fom€ Committee to whom it properly belongs , Yet no ^^^^^ pj^^^ Committee hath a Negative over the y^fiembUe : Andi\\.hcrvreHrithd,- was never their Intention to Confine and Reftrid them- felves only to Confider of thefe Matters which their Com- mittees were pleafed to allow and Tranfmit to their Con- fider ation : For by ASi of /^ffemblie, July 29th 1640. An Overture ( and from a Parity of Realbn, a Petition or any other thing ) may be propofed in full Allembly with the Reafons thereof, after thtt the Committee hath refufed to Tranfmit the fame. J 25. To avoid Altercations and Debates in open AiTem- j^oEcckJi-' bly, which might prove Dangerous, and are always very aHkal Pmejs Indecent, after Matters have been prepared by Commit- ^^ ^<-' J^rinted tees, they arc Tranfmitted to the Ailembly. Now this 'J^f^^' '^^^'''■' "" Defign and Order may be much fl:ruck at and invertecl, when Members or particular Perfons do print their Petiti- ons or Overtures to the General Airenibly and Nation, before they be orderly brought in. Therefore by the 1 7th Ad: C 80 ] A61 of Aflembly 1700. All. Perfons are Difchargedto prefume to print any Petition, Appeal, Reafons, or An- fwers, or any part of any Procefs to be brought in to the General Affembly, or any other Church Judicatory, with- out Leave given by them, with Certification that the fnme fhall not be Read nor Confidered. 'A Diet for § 24. It is the laudable Cuftom of AiTemblies, before Fr<5ffr, they begin clofs to their Work, to appoint betwixt Nine and Twelve in the Fore-noon,to be fet apart -by the Mem- bers for publick Prayer in the Aflembly-Houfe, to the Al- mighty GOD, for His Countenancing and Direding them in the Matters that Ihall come before them : Where the Commiflioner is likewife pleafed to attend and join in Prayer : As may be feen in th^ firfl Three printed A&s of AJfembly (ince the Revolution^ and among the Indices of 'Unprinted ABs thereafter. M^iters S 25. Conform to Antient Cuftom, by the ^L AEi of treated in AJJembly 1 702. All Synod Books are appointed to be djfembhes. punftually brought in and prefented to the General AiTem- bly Yearly, in the Beginning thereof : Which Books, after hearing a Report concerning them, from the Com- mittee appointed to Revife them, the AlTcmbly does Approve or Diflallow thereof as they find Ground. All References from Synods, Appeals, Grievances, Petitions ^nd Complaints are here Examined and Anfwered ; Ads and Conftitutions for all thft Churches are Agreed upon with common Confent, conform to the 9th AB of Affem- bly 1697, of which hereafter about preventing gof In- novations. Here Courfe is taken for Planting of Churches with well QuaUfied Minifters : Rules are fct down, by which Inferiour Judicatories fhall be direded in all their Proceedings. It is their Bufinefs to fee that the fmall part of the Patrimony of the Church yet remaining be preferved and rightly Apply ed. They join or disjoin Parilhes fi:om Preibyteries, and Prefbyteries from Synods : They C 8i ] They Indi(5l National Fafts and Thankf-givings : They are concerned to appoint lit Perfons and Methods for drawing up the Hiftory of the Church : They alfo ought to take care that Works of Charity, for Suftentation of the Poor, be promoted. By the Wifdom and Authori- ty of this Afrembly,Gangrens of Errours and Divifions are prevented, that they fpread not againft Truth and Unity. But they Decline to Meddle in thefe Matters they judge Civil, as being Incompetent to them, as may be feen by the /w^^a: of Unprinted ABs oi AJfembly 1690. Church Judicatories ought not to meddle formally with Civil Mat- ters, no more than the State ought to meddle for- mally with Matters Ecclefiaftick , but the Objed materi- ally Confidered may be the fame, and fall under Confide- ration, both of Church and State, in different Refpeds. By the 5th Article of the 5 1 Chapter of our ConfeJJion^ Synods or Councils are to handle or Conclude nothing but what is Ecclefiaftical, and are not to Intermeddle with Civil Affairs which concern the Common-Wealth, unlefs hy way of Humble Petition in Cafes Exteaordinary, or by way of Advice for Satisfadion of Confcience, if they be thereunto required by the Civil Magiftrate. f 26. What Matters General Aflemblies cannot overtake Commifiom thenifelves, they do Refer to their Commiflions ^ In '^f^'^^r^^^J- propriety of Speech they do Import the fame thing wlth-^p^^l^"*-'' Conrmittees j Yet, de praxi, a Committee is appointed * only to prepare Matters^ whereas a CommifTion determines in Matters committed to them, and from whofe Sentence therein there lieth no Appeal to the Enfuing General AiTemblie, though a Complaint may be Tabled before the next AfTemblie againft the CommifTion their Proceedings. The Power of the General AiTemblie is never Lodged in them, as to making Ads in any Cafe : And it is both more Expedient and Decent that the Allemblie Determine in Cafes of Appeals from Synods, where they have been L f - unanimous [SO tananimous in their Sentence, than to Refer the final De— cifion to a Commiilion, who may be of a fmaller Number than the Synod, and whofe Quorum is but about the Eighth Part of fome Synods. Delegation, or Commiflion to Determine, feems inconfiftent with the Principles of ►f; Prefbyterial Government : For if the AlTemblies ot the Church can give Power to Delegates to determine in one Point, they may in more, and confequently in all, and thereby may introduce a Prelacy. General AfTemblies ftiould not give any other Delegations but Executive, ex- cept in Extraordinary Cafes : For they being Delegates themfelvcs, ought leaft of any Church AlTembly to De- legate : And if they can commit their Power to Twenty one, certainly they may commit the fame to Fourteen. Commiflions may have Sub-Committees for Preparing and Reporting, but not to Determine, or fo as to Roll the Commiflion upon them.. The Commiflion and the Pro- ceedings, and Regifler of their AAings are always fubjed. to the Cenfure of a General Aflembly , If the Affem- bly do not, appoint their Moderator and Clerk to attend them in thofe Stations, they may then Nominate their own Moderator and Clerk. Their Quorum is Twenty One, whereof Fifteen to be always Minifters, and they continue till a New General Aflembly meet, as may be feen in tjie Printed Cpinniifliousi^ the . A<^s. of; AlTem- blies. ThtMetld g ^7. The General AfFembly by their 6th Adl 1705. ^f^yw^ £)Qeg appoint that the whole Prefbyteries of this National thc^Cmm'iL Church be Equally Reprefented in Commiflions, and that. fony their their Reprefentation be proportioned to the Nuniber of, thargej to he Minifliers that are in each Prefl^yterie ;> The Old Mini- ^^^^'^J^^ iters which were Ordained before the Year 1662, being fl^d, always fuperoumerary : and that two or three of the Members of the General Aflemblie in each Synod, be ap- pointed as a Committee to Name the JWembers of the Commiflion^ Commiffion, and that the whole Reprefent^iyes of Prefby^ teries in tlie 'feveral Synods at AiTemblies, do meet by themfelves, and Name their Refpedive Members of the faid Committee. And the General Aflemblic by the fame Ad, does appoint the Expenfes of the faids Commif- fioners to be born and Defrayed by the feveral Prefby teries which they Reprefent, according to the Number of the Days of their Attendance *, and that their Prefby teries take Care to SuppHe their Charges with Preaching during their Abfence, on the ^count forefaid. g 28. The General Affemblie by their 6th A^ 1703,^^^^^^^]^* does Require the iVfembers of the Commiffion to give all j^^,^ Tenlml, due Attendance thereon, as they will be Anfwerablcj which Members are Condefcended upon by the 1 5th Ad of Allemblie 1705, to be one at leaft of that Number of the feveral Prelbyteties who are iWembers of the Commif- fion, and they are to attend the Meetings thereof by Turns. And Prefbyteries are Ordained to fend in to the Commiffion^ the Names of fuch as they have appointed to attend the feveral Diets thereof. And by the forefaid Ad 1703, the Clerks of the Commiffion are Ordained to Re- cord Lifts of the Abfents from each Quarterly Meeting, and from the Meetings in time of Parliament, or who (hall go away therefrom without Leave firft obtained, and fend an Extrad of their Names to the Refpedive Synods, who are Impartially to Cenfure them, and make Report thereof to the next General Affemblie : And to this Effed, the Clerks of the Commiffion are Ordered to lay before that Affemblie the Lifts of thefe Abfents. And in the Inftrudi- ons to the Commiffiion 1708, all Prefbyteries within Twelve Miles of Editiburgh are Difcharged to Meet during Sitting of the Commiffion. J 29. Some few Years ago, the Prefbyteries of this Dehgatei Church, conform to what had been before pradifed, did from Preshj- ' Delegate One of their Number, being a Minifter, to R^- p^/^j^J^X'*^ L 2 f pair - ' C 84 1 pair to the City where the Parliament did (it, and during that time attend, and Watch ne quid detrtmenti caper et EccJefja. But the Commiflion confiding of both Minifters Ch^^ham ^^^ Elders, without which no Ecclefiaftical Judicatorie or ^^mEUen, C'onlmitee thereof can be Lawful ( vid § 4. k t, ) and alfo, that all the Prefb3^teries are therein Reprefented, and that the Commiflion now is Ordered to -<4ttend in time of Parliament^ the former Meeting of fuch Delegates is, no.w^ Supplied more conveniently by the Meeting of the CommifTion ^ and I am fure, much more Legally both by Church and State Conftitutions : For neither do Au- thorize any other Ecclefiaftical Judicatorie but AfTemblies, Synods, Prefbyteries and Kirk-Seflions, or their Commit- tees, confifting of Minifters and Ruling-Elders. And the Adi of Parliament 1690, Ratifying the Confejfwn of Faitb^ and Settling Vrejbytenan Church Gover7ime?it, doth Efta- blifh the Exercife of that Church Government in the Hands of Minifters and Ruling Elders. And it may be doubted if the State would Correfpond with fuch Dele- gates, or Regard Addrefies from them, their Meetings . wanting the Stamp, both of Civil and Ecclefiaftical Autho- rity. Memhrs § 50. In the Ad of AlTemblie, 2<^th July 16^0, Ar.t. ^Ii^uf'^^ :>d. Concerning Ordering the Aflembhe Houfe, The Jidets% Commiflioncrs to General AlTemblies are to. receive Tickets 4<(eju ^ from the Magiftrates of the Burgh where the AiTemblic fits at the Delivery of their Commiffions, whereby they may have ready Accefs to the AlTembly Houfe : and this Ad is renewed by the AITembUe 1690, and is among the Unprinted Ads. Ahjer^ts § 31. By that fame Ad, Whatfoever Prefbyteric, from Affem- gyrgh or Univcrfitie fhall not fend Commiflioners, is to t'.t'' -h^ Summoned to the next General Allemblie, to be Cen- fured by them as they find reafonable. And by the 6th Ad of Alfeoiblie 1699, Such Commiflioners as do not attend C 85 1 attend duely from the beginning and through the whole Diets of the General Aflembly, and the Committee^ which they may be put upon, not having a Relevant Excufe, may be Cenfured as the AiTembly fhall think fit. J 32. The Stile of Ads of the General AlTcmbly, runs -, «., thus 5 The General AiTembly Appoints and Ordains, and ^ J, /^j? fometimes Recommends. ^ Thir Ads fhould rather' be likejewt/y, snd' Diredions from the Chair, than Difcourfes from the pul- Pennons pit. Though the Soveraign's Perfon be therein fometimes ^^^J^^^^'^^^^^jl Reprefented, Ikt his Name canuot be Joined with the Gen- in thTudagi-, eral Alfembly in making of Ads ; Becaufe the Civil Ma- fmes ^amej: giftrate confidered as fuch, is neither Head nor Member of the Church, nor of any of Her Judicatories, and it is the Authority of the General AiTembly of this National Church that can alone bind her Members. Which Authority doth not fo properly confift in making of Laws, as it doth ia declaring what their Lord and Mafter hath already ap- pointed. And though Ecclefiaftical Conftitutions fhould be Enaded in the Sovereign's Name and Authority, yet thefe could never bind the Subjeds as fuch, becaufe the Legiila- tive Power is lodged in the Sovereign and Eftates of Par* liament, and in them only : Hence all Petitions to the General AiTembly are only AddrelTed to the Moderator and Members thereof, and not to the Sovereign nor His Commiflioner, though prefent .• For Petitions can be pre- fented to none, but to fuch as thofe in whofe Name and Authority they are granted. § 33. By the Ad of AiTembly 20 December 1638, they Th Amh- Ordain Prefbyteries, and provincial Allemblies to Conveen ^"P* ^/ ^(^^^ before them fuch as will not acknowledge that AlTemblie ^'^/""^^^^ (and from a Parity of Reafon any other AiTembly ) nor ac- Pain of Dijo-, quiefce unto the Ads thereof, and to Cenfure them accor- ^eyi^g'^^ ^^- dingly, and refradory Presbyteries are to be Summoned by ^^^^"-^ — the Commiffion to Compear before the next General Aflem- " bly to abide their Tryal 3 And by a Claufe in the end of the L «6 J the •yth A^ SefTion 2^. K. W. and CL Ms Parliament, It is- provided, that whatfoever Minifter being coiiveened before the General Affembly, or Reprefentatives of this Church, or their Commiflions, or the Vifitors to he bythem appoin- ted, fhall either prove Contumacious in not appearing, or be found Guilty, and therefore Cenfured, whether by Sufr penfion or Depofition, they fhall i/?/^//}/^?^ be fufpended from, or deprived of their Stipends and Benefices. And by the Book of Canons put in Fonii for the Government of the Church of Scotland, by Englrjb Biihops*their Counfel and Influence and approved by King Charles I. His Procla- mation dated at Greenwich the 2'^d day of May 1655, It is appointed, that National Synods called by His Majeftie's Authority, for Matters concerning the State of the Church in general, fliall bind all perfons as well abfent as prefent, to the Obedience of the Decrees thereof in Matters Eccle- fiaftical. And if any Ihall affirm or maintain that a Natio- nal Synod fo aflembled ought not to i)e obeyed, he (hall be Excommunicated till he publickly Repent and Revoke his Errour. 'Aiv^Ait or g 54. Befide the Clerk of AlTembly there ufeth to be an Procnmor, Advocate or Procurator for the Kirk chofen by them who AgcTfor% was to advife them in Matters of Civil Right, and to plead jQrk, what concerns the Right of the Church before Civil Courts, andin hisName Summonds are raifed before the Conimiffion of Parliament for Plantation of Kirks, or Lords of Seflion. The 'A2;ent or Sollicitor for the Kirk is hkewife Eleded by the Aflembly, and he Ads and Agents their Bufmefs in fuch Order as they appoint him. Their Agent was priviledg'd to be prefent at all the Meetings of that Commiflion of Parlia- ment, even when they aded with clofs Doors. In the late Prelatick Times, the King's Sollicitor was by His Patent conftitute Solicitor for the Church too : But whether in this Government Her Majeftie's Advocate bealfo by his Patent conftitute Advocate for the Church, is a Thing I cannot C 87 ] cannot certainly alTert. The Agent has the Care put upon him 'of fending Difpatches to the feveral Prelbyteries. § 55. All ('.hurch Judicatories at every Riling appoint rheAdhfir- the'r next Sitting, fo that their Meetings are not precari- »w^4»i^-' tories. The Kirk-Sefsion, being properly the only Radical Church Judicatory, not confifling of Delegate, but of per- petuat and fixed Members, cannot be at any time dilTolved, but by themfelves are adjourned from time to time : Albeit. they ufe to begin and conclude the Number of their Sefsi- ons, at and after the Prefbytery hath approved of their Proceedings. All Church Judicatories, but efpecially this, were called ConfiJlorJes, where the Judges did ftand in Ad- miniftring Juftice ( vide STAiR's ItiBit. pag, 524 ) And even yet, their Moderators, Prefidents, or Prolocutors do (land, as the Mouth of their Meetings. Prefbyteries are • Radical as to the Paftors, and Delegate as to the Ruling Elders, (^vuk Tit, 12.5' i.) For thefirft Prefbytery after each ordinary Meeting of the Synod, when new E- lediions of Elders are returned, that Prefbytery doth begin the firft Sefsion thereof, and fo other Sefsions of the fime continue till the next Synod in ordinary be over. And Provincial Synods confifting of Prefbyteries, they do in part diflblve twice a Year, and fo the"'Synodical SefTions^are counted from one ordinary Synod to the next ordinary Meeting of another Synod. Hut National Aflembiies being Annual,and confiding all of Delegates,as hath been faid^tlic Seflions thereof are counted from their firft Meeting until they part and difiblve in the fame place, at leafl by the Conftitutions and Practice of this Church, until, and no longer than the ordinary time for a new Annual AfTembly : For no doubt, an Allembiy, if the Affairs of the Church fo require, may Tranilatc, .and aifo continue their Meeting, as was - C 88 ] was done Anno 1641. but it neccfTarly difTolves before the Year. At the doling of every Seffion of the AlTembly, the Moderator appoints the next Dyet, in Prefence, and with Confent of the Members, Then He turns to the Cou^milTi- oner and acquaints His Grace thereof, to which He ordi- narly Anfwers, Be it fo. Or, 1 am f^isfied '^ Whereupon the Adjournment is hitimated pubiickly at the Door by the BeddaJ, afterwards the Moderator clofes with Prayer. Comwhteefor S' 3^- At clofmg of the General AlTembly, fonie few of Revifing f^e their Number are Nominated to Alhft the Moderator and Minutes rf«^ Clerk, in Pvevifing the Minutes and Proceedings of that pnmng ^^^ ^flembly, before the fame be Recorded in their Regifters, and to determine what of their Acts are fit to be printed : But it were as proper for the AlTembly to give Orders therein, as the Acts are paiTed. The Ordi- §37. All the Affairs which the AlTembly could over- B?Mv7nz^ take, being brr.ught to a Clofe, the Moderator caufeth read /ifemblifs. ^^? Minutes of the lall Sederunt, thefe of former Sederunts being always read at the beginning of each Seffion j Which being done, he difcourfeth to the AlTembly concerning" the good Providence of God that brought them together, and in allowing them the Countenance and Protection of the Supreme Magillrate, and exhorteth the Members to Faitji- fulnefs, Loyalty andDiligencein their Stations. The Mo- derator having underftood the Mind of the AlTembly from previous Communings wnth the Members, as to the parti- cular time and place of the next AlTemblies Meeting, which Dyet being concerted before alfo with the CommiiTioner, he doth in their Name reprefent the fame to the King or Queen, or Their Commiliioner, ifprefent, and upon their agreeing thereto, it is to be recorded and publickly Inti- mate at the Door of the AlTembly-Houfe by their Order. The Commiliioner agrees ordinarly thereto in thefe or the like words (to many offenfive enough) I do in my Mafter's Name ( or Her Majeftits Name ) diffoive this Membly, and ancl in the fame Name and Authority I appoint the next General Allembly to meetatfucha Time and Place, which ordinarly is the fame with that which the Moderator in Name of the AfTembly did reprefent. Then the Modera- tor clofeth the Aflembly with Prayer, finging of Pfalms, and pronouncing of the Blefling. 5 38. Indeed when it happens that a Commiflionerdoth fjot^imAf- rather Crofs than Countenance the Aifembly, either by an yewW/« were abrupt and interrupting Diflblution, or by not appointing diphedinMH. the next Annual Aifembly according to Law : In thefe Cafes ^^^mfr^Z their Behaviour is different,, as may appear in the two fol- their%havi^ lowing . Inflances. The firfl was in the Aifembly 1658. o^rwr^cje there the M. of H, Hjs Majefties Commiflioner, having ^^-Z-^* diilblved them after fome few days fitting, both in the Af- fembly-Houfe and by publick Proclamation , They did notwithflanding (having protefted againfl their Diflblution) continue their Sitting till they ended the Work they met for, and appointed the time for their next General AfTem- bly, for which you will find their Apologetical Vindfcati- on in their printed Letter to the King. Another Inftancc is this, The E. of Lothian Their Majefties Commiflioner to the General Affembly 1692, He upon Saturday tht 15. Q^ February (the Aflembly being met and conftitute by Prayer ) did immediately thereafter deliver himfelf as fol- lows. Moderator, what I faid laft had fo little Succefs, that I intend to give yon no more trouble of that Nature j Only this. You have now fate about a Moneth, which was a competent time both to have done what was the princi- pal Defign in calling this Affembly, (of Uniting with your Brethren) and to have done what elfe related unto the Church, but HisMajefty perceiving no great Inchnation a- mong you to comply with His Demands, hath commanded me to diffolve this prefent General Aifembly. So I in Their Majefties Name and Authority do diifolve this prefent Ge- nsfal Aifembly. Whereupon the Moderator afked his Grace, M t if t 90 3 if this Affembly was diffolved, without naming a Diet- for another ^ To this His Grace made Return in thefe Words, His Majefty will apponit another Aflembly in due time, wherewith You will be timcoufly advertifed. Upon this, the Moderator defiring of His Grace, that he might be heard a few Words, His Grace told him that he could not hear him as Moderator, but only as a private Perfon .• The Moderator anfwcred, In whatever Capacity Your Grace pleafeth, I begg to be heard a few Words. His Grace Re- plyed. That as a private Man he might fpeak , Whereupon the Moderator delivered Himfelf as follows. May \% pleafe Your Grace, Tnis AfTerably, and all the Members of this National Church, are under the greateft Obligations poflible to His Majefty, and if His Majefties 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 filent : But they being for a DilTolution of this Allembly, without Indidnig another to a certain Day .- Therefore, ( having been Moderator to this AiTembly ) in their Name, they adhering to me, I humbly crave leave to de- rke Cktirih- clare, that the Office-Bearers in the Houfe of God, have ts Intrinficl a. Spiritual Intrinfick Power from Jefus Chrifl the only Piwer /^/e^'Head of His Church to meet in Affemblies about the Af- - fairs thereof, the Neceflity of the fame being firft repre- fented to the Magiftratc. And further, _ I hum.bly crave, that the Diffolution of this Aflembly, without Indiding a ■ new one to a certain Day, may not be to the prejudice of Our Yearly General Allembhes granted to Us by the Laws of this Kingdom. Here the Members rofe up, and with ^ne Voice declared their Adherence to what the Moderator ad faid 5 Whereupon the Moderator turning himfelf to le AfTembly, Cryed, Brethren, Let us Pray .• But the ytembers by a general Cry prelTed to name a Diet for the next General Alfembly. Whereupon the Moderator faid. If they pkafed, the next GeneralAirenibly might meet here 3t C 91 3 at Edhihnrgh upon the third Wednefday o^ AuguH i6<^^. and the Members did again with one Voice declare theii: Approbation thereof. Then the Moderator having ordered Silence, concluded with Prayer, andfinging the CXXXIII Pfalm, and pronouncing of the Blefling. § 39. In the end of the Ad of AiTembly 1647. appro- The Chunk ving the Confeflion ot Faith, It is allerted, that it is always 0^ Scotland'.- free to the Magiftrate to advife with Synods of Minifters ^^f-^'^X^ '*" and Ruling Elders meeting upon Delegation from thdr churchesRight Churches, either Ordinarily, or being Indided by His Au- to meetSymii- thority occafionally, and pro re nata. . It being alfo free to "^^^^ aHemble together Synodically, as well pro re nata^ as at the ordinary times upon Delegations from the Churches, by the Intrinfick Power received from Chrift, as often as it is necellaty for the Good of the Church to alTemble, in cafe the Magiftrate to the detriment of the Church with-hold or deny his Confent^ theNeceility of Occafional Alfemblies being firft Remonftrate unto him by humble Supplication, vide § I. h, t. -^ T; I X L E XVI. The Order of the Rolls of Church Judicatories^ and Ran- king of Church Office-Bearers. And of Her RegiHers, § I. TD Uling Elders and Deacons in Church Seflions, je<,/// ^f i^/V^ j[\^ Regularly, Ihouldbelnrolled, called and take ^#o«;, ^»i Place, according to the Seniority of their Or- ^'^^^^^g of. dination : But the Poverty of the Church being fuch, that ^^^—' there is no Maintenance or Benefice annexed to thefe Of- fices, therefore they ufe to be Rapiked according to their Secular Stations and Imployments :' Only, Seniority of Or- dination may be a Rule whereby Difputes for Precedency among Equals are to be decided. M 2 f § 2. All C92] jHov Mi- ^2. AUMinifters are Inrolled in Prefbyteries, and 'have p^^r ofm "^^^^^ ^"^y according to the Seniority of their Ordination ^ 'i^tk^J A Prefbyter labouring in the Word and Dodrine being the Higheft Office in the Church, to be fure no Office-bearer of an hiferiour Order will ever compete with him : and there- fore a Minifter of a later Ordination, albeit he have the Charaderand Station of Almoner or Chaplain to the Royal Family, or of being Hiftoriographer, Principal, or Profef- for of Theology, or Philofophy in any Univerii; t he will not prefume thereupon to take place fron; a prior Ordination : Becaufe all thefe Stations ^ • Oiiq- raders, Ecclefiaftically confidered, are of an Inferiour Or- ~ der to that of the Pallor, unlefs he pretend unto it by vir- tue of Civil Place and Power, which is condemned in Pallors as incompatible with their Spiritual Fundion by AJfembly 1638, Vecejn. 19. But the Order in which Mi- nifters deliver the Prefbyterial Exercifes, is according to the Seniority of Ercdion of the Parifh Churches where they Officiate. Mi cfSf- ^ 3. It is ufual to Change the Order of the Roll every mds, hmv Or- Synod, fo that the Prefbyterie that was iirfl called in the ^Aa^to tinier ^°^^ °^ ^^^ former Synod, is now called lafl ( as was faid EUtrs to Vote above ) and that which was in the fecond place is now ifihen they mdj called firfl : And the Members are called according to h J^P'^^f*- the Roll of each Prefbyterie, prefented to the Clerk by the ^'J^^^/'^-' Moderators thereof, with the Ruling Elders therein Infert. * And though a Pariffi be Vacant, or the Minifter thereof not prefent, yet the Ruling Elder for that Church-Seffijn, is to be called for and Inrolled. But thofe who are againft Ruling Elders their being Supernumerary, to Miniiters in Judicatories may diflike this. Yet if onceajudicatoriefix on a Quorum^ whereof always fo many are to be Miniftera^ though double their Number of Elders fhould come and be prefent, there is nothing as yet to hinder them all from yoting- 5 4. The C 93 ] J 4. The Rolls of General Aflemblies do begin with the Ms ofGe- Synod, which in the former AlTemblie was called in the^Jf'^' '^^'^- fecond place, leaving the Synod which was then firft cal- led, now lift, by which Rotation the Equality is better preferved, Commiflioners from Prelhyteries are placed in their Commislions according to the Seniority of their Or- dination* Next to them are InroUed the Commisfioners from the Univerfities within the Bounds , and next to them fuch as have Commisfions from Royal Burghs therein. In General AiTemblies, Ruling-Elders are called immedi- ately after the Minifters their Colleague Commisiioners. § 5. The firft thing to be done at every Di^t, after ^inutci calling the Rolls, is the hearing the Minutes of the laft ^^^'J'^ Q;^^ SeJen{?it or Sesfion, Read, and till they be pafled and al- ExtrA^, or lowed by the Judicatorie, and alfo Subfcribed by the Mo- Reeordmg, derator, there ought no Extrads thereof to be given, nor, till then, ftiould it be Warrantable for the Clerk to enter them into the Regifter. § 6. In any thing wherein the Moderator or Clerk is Cleri ^ni particularly concerned, they ought in that Cafe both to ^^^derAtwr a Subfcribe the Minutes, as the Privy Seal ufed to be append- ^^„llll[ '^y ed to Charters, or the like pasfing the Great Seal in favours AtteBAthner^ of the Keeper, of the Great Seal. And at the Clofe of the ^*^^f Y^'^c. ^ Regifter of every General Aflemblie, and of each Inferiour %'/^''^' Church Judicatorie, when they are given in to be Approv- ed by their next immediately Superiour Judicatorie. They bear. Here ends the Regifter of the ABs and Proceedings of from ^ to Confiftiiig of Pages, And ^' this Atteftation is to be Subfcribed by the Moderator and '^ Clerk : And every Record at the beginning is to bear it's \ own proper Title, viz. The RegiHer of the Ads and Pro- ^ ceiedings of fuch a Judicatorie, begun at rhe day ©f &c, S7. By C 94 3 Form of ap- ^ 7. By the 9tli AB of Affemhly 1 700, They appoint P^o^^'^1 . all Provincial Synods and Preibyteries, to be careful in HenrmFin Rc^ifing the Regiflers of the Judicatories under their iin- « Negmvt mediate Infpedion,and that they appoint a Competent Num- Stih, [>er of the mod fit and Experienced among them for that Work ^ and when they find nothing to challenge in any Regifter, they are to give it the Atteftation following. The Provincial Synod of having heard the Report of thofe appointed to Revife the Prefbyterie Book of And having heard their Remarks thereupon, and the faids Prefbyterie*s Anfwer thereto : And it having been Inquired by the Moderator, it- any other had any Com- plaints to make againft the Adings of the faid Prefbyterie, and nothing appearing Cenfurable, Ordered the Clerk to Atteft this in their Preibyterie Book. And fo for the Rc- giilers of Provincial Synods and Kirk Sesfions, mutatis mutandis : And alfofor the Regiflers of the Commisfions of Ailemblies, by the 8th AEi of Affemhly 170^. But if there be any thing truely Cenfurable in the faid Books with refped to Difcipline, that it be Recorded as Cenfur- ed, both in the Synod Book and Ateftation. Orier in § 8. <^ll Sentences and Ad:s are to be filled up in the Re- Ming up cords as all other things Ihould be according to the Priori- £^?^rer-^ity ^^ ^^^i^ being Voted or Agreed unto, and that al- lining!, mi though no Extrad hath been, or perhaps never may be Omifms i» called for. And when anything is omitted in the Body of Re^iJferS' ^ Record, it may be written on the Margine, which the Moderator and Clerk muft Subfcribe again j Wh^n apy thing is Delete,let it be marked Delete on the Margine, and Subfcribed as the other, counting the Lines or "V^brds blotted out. But Interlinhigs are moft Improper, and De- . rogatory to that Credit.whidr a Record lliould bear. !^ur- ther, when any Blank h left in the Record, and yet there is nothing wanthig, it may be Scored, or which is more proper, filled up with ( 7MI hie deesi ) which Words may C 95 ] may be lengthened or fhoitened according to the Bounds of the Blank. See the 9th AB of AJfernbly 1706. J 9. By the in\\ AB of Affem, 1703, for the better TkeRegi- Prefervation of their Regifters, They Enad and Appoint ^^''''/ ^"Y^^* that there be Two Authentick Copies thereof, both Sub- ■^^^*^^^^^* fcribed by the Moderator and Clerk, One Copy whereof to ly in the Clerk's Cuftody, and the other Copy to be Sealed and laid in fome Secure Place where theAlTembly or Comniiflion fhall Appoint , As alfo, that a Subfcribed Extrad of tlie Proceedings of each General Ail'embly be fent a little after the railing thereof to the feveral Synods within this Church to be by them Recorded in a Book. 5 I o. As to the Stile of the Ailemblies AddrefTes and Civilities Letters to their Sovereigns, or Foreign Churches, and as payed hy the to the Stile of their Letters to the Aflembly both may be <^^«^^^' feen in their Printed Regifters, as alfo thefe with the Re- cords of their Commiflions will Evidence what Civilities the Church pays in Congratulating and Attending on the Minifters of State and other Great Men, thus they court their Favour, and Return them their Thanks, all done for the Benefite and Advantage of the prefent Church Efta- lilhmcnt. TITLE XVII. Of Vifitation of Schools and Unlverjities, Vifimions J I. \ LL Schools and Colleges were to be Reformed, of Schools and 2\ and none Admitted to Inftrud the Youth ^^^^'S'' ^f^^ •privately or pubUckly, but fuch as Ihould be Xhoni % Trycd by the Vifitors of the Kirk, Ja, 6tb, Far. i. Cap, ths JJlewhly, IT. And even under the late Prelacy, none were admitted to Teach in any publick Schools, without Licence from the Ordinary, Car. 2d, Par. i. Seff. 1. Cap. 4. fub fin. And alfo by the A^ of Affemhly^ Decern. 17, 18. 1638* Art: j^. They Ratify x\iQ ABs of AJfembly 1565, 1567^ and 1595. Whereby Vifitation of Colleges is to be by way of Commiflion from the General iVirenibly. And the principal Regents and ProfelTors within Colleges , and Mailers and Dodors of Schools, are to be Tryed by them concerning the Soundnefs of their Judgement in Matters of Religion, their Ability for Difcharge of their Calling, and the Honefty of their Converfation. It is no Wonder the Church think her felf much Concerned, that thefe Seminaries of Learning be duely . Regulated, conlidering how much it Tends to the Increafe of Chriftiaii-Knowledge and Learnmg, and the Advantage of true Piety and Religion. By the General AiTembly 1638, they grant Commiflions for Vifitation of the Colleges of Aberdeen and Glafgow. And the Allembly 1639, Appoints Vifitations of the Univerfities of St. A?idrews and Glajgow. Again the Af- fembly 1640, Appoints Vifitations of Glafgow and Aber- deen Colleges, as may be feen in the Index of the Unprin- y ted Ads of thefe and Subfequent Allemblies. V^ftZn ^ ^' The Power of Vifitations of Univerfities, Colleges Qaim'Tly the^^'^^ Schools is now Claimed by the Sovereigns to be Their Sovereign. Undoubted Right and Prerogative, as is Evident from the ri/TfonPwfn Narrative of the Ad of Parliament 1690, for the Vifitati- 7itiM^Uhd. °" °^ Univerfities. The Power granted to the Vifitors by ' ^ ^ -^ ' that Ad, is only Executive or Judicative, and not Legif- lative, which neither can nor fhould be : For feing the Truft wherewith the Legillators themfelves are cloathed, is only Perfonal, it cannot be Delegated to others, unlefs they Receive Power from their Confthuents for that Ef- fcd and Purpofe. But though their Power could be De- legated, it Ihould not be done : For fome Defigning and DiMeded [ 97] Difaffcded Members in fuch Commiffions nilgit fo Man- age the Plurality of a Quorum to Plant and Regulate thefe Nurferies of Chifrch and State, as might path the Way, and Difpofe the Nation more eafily for fome pernicious Revolution. The Vifitors Appointed in that Commiflion are both Members of Parliament and Minlfters : The one Sort I think,, is Appointed to Remove Diiloyal Teach- ers, and to coiTfider the Foundations of thefe Semmaries with the Rents and Revenues thereof, and how the fame have been Managed, and to fet down Good Rules for the Good Management thereof. And Minifters, I think, are Named, to take Tryal if the Teachers be Erroneous, Scandalous, Negligent, or Inftifflcient, and for Ordering the Manner of Teaching ^ and thereupon prefent their Humble Advice to the States-Men : for Authoritatively .they cannot A61 without Delegation from the Church. 5 the feemly Manner, take their Seats or Places without Ado- congregation. ration, or Bowing themfelves towards one place or othtrj^'^^^^'^'^'^^^* If any through Neceflity be hindered from being prefent at the Beginning, they ought not when they come into the L 104 ] the Congregation, to betake themfelves to tlieir private Devotions, but Reverently Coinpofe themfelves to joyn with the Allembly in that Ordinance of GOD, which is then in hand. Moft of v/hat is faid on this Title, may be found in the Diredtory. Their Be- J 5. The Congregation being AlTembled, the Minifter, haviour in the ^f^^j. Solemn CalUng on them to the Worihipping of the time of WAV' Greit Name of GOD is to begin with Prayer. The pu- '^^ blick Worihip being begun, the People are wholly to at- tend on it .: forbearing to Read any thing, except what the Minifter is then Reading or Citing : Much mere are they to abftain from all private Whifperings, Conferences, Salutations, or doing Reverence to any Perfon prefent, or coming in, as alfo from all Gazing, Sleeping, or other In- decent Behaviour. Why the g 4. Reading of the Wc^d in the Congregation, being a Word i^ to be pgrt of the publick Worfhip of GOD ( wherein we ac- fuhlidly read ]^^^y^iQ(\aQ . our Dependence upon him, and Subjedion .^ndly^hom. ^^ him ) And one Mean Sandifyed by Him for the Edi- fying of His People, is to be performed by the Paftors and.. Teachers, and Preachers Licenfed by the Prefbytery thereunto, who (hould ( as Ezra and his Companions did i^ehem. 8. 8. ) Read in the Book, in the Law of GOD iliftindly, and give the Senfe,and caufe them to Underftand the Reading. n&ffmeh S 5. How Large a Portion is to be Read at once, is :i6tolereAdAtMt to the Wifdom and Difcretion of the Minifter : But .4time,andthe'^^ jg Convenient that Ordinarily one Chapter of each Te- ^n^Zni^it' ftameat be Read at every Meeting, and fometimes more, ^^indin^.' where .the Chapters be fhoit, or the Coherence of the Matter requireth it. It is alfo Requilite that all the Cano- nical Books be Read over in Order, that the People may be the better acquainted with the whole Body of the 'Scriptures, and where the Reading in either Teftament endeth on one LORD's Day, it is to begin the next : The more C 105 ] _ more " frequent Reading of fuch Scriptures is alfo Com- mended, as he that Readeth Ihall think bed for Edification of his Hearers, as the Book of Ffalms and fuch Uke ^ and when he Ihall judge it necellary to Expound any part of what is Read, that Work is not to begin, until the Read- ing, of the whole Chapter or Pfalm be ended. § 6. Regard is always to be had to the Time, that nei- whm T^ ther Preaching nor other Ordinance be ftraitened or ren- ^'^rhg hegim dered Tedious ^ Which Rule is to be Obferved in all o- '^''/^^j/^^ ther publick Performances, And therefore, by the AB of ^^^^^^^^ \, - AJfe7nbly^ Feb. 7th, 1645, for Regulating of that ExercifeoW^«^7Gofpel. To Bewail our Blindnefs of Mind, Hardnefs of Heart, Unbelief, Impenitency, -Security, Backwardnefs, Barrennefs, our not endeavouring after Mortification, and Newnefs of Life, nor after the Exercife of Godlinefs in the Power thereof, and that the Beft of us have not walked fo ftedfaftly with GOD, kept our Garments fo Unfpotted, nor been fo Zealous of His Glory, and the Good of others as we ought, and to Mourn over fuch other Sins as the Congregation is parti- cularly Guilty of, notwithftanding the manifold and great Mercies of our GOD, the Love of CHRIST, the Light of the Gofpel, and Reformation of Religion, our own Pur- pofes, Promifes, Vows, Solemn Covenants, and other Obli- gations to the contrary. To Acknowledge and Confefs that as we are Convinced of our Guilt, fo out of a deep Senfe thereof, we judge our felves Unworthy of the fmalleft Benefits, moft worthy of GOD's Fierceft Wrath inflided upon the- moft Rebellious Sinners, and that he might juft ly take His Kingdom and Gofpel from us, plague us with all forts of Spiritual and Temporal Judgments in this Life •, and after caft us into outer Darknefs. Not- withftanding all which, to draw near to the Throne of Grace, Incouraging our felves with Hopes of a gracious Anfwer of our Prayers in the Riches and Alfufficiency of that only one Oblation, The Satisfadion and Interceflion P t of of the LORD JESUS CHRIST, at the Right Hand of His Father and our Father, and in Confidence pf the Exceed- ing Great and Precious Promifes of Mercy and Grace in the New Covenant, through the fame Mediator thereof, to deprecate the Heavy Wrath and Curfe of GOD, which we are not able to avoid or bear, and humbly and earneft- ly to fupphcate for Mercy in the free and full Remiflion o'f our Sins, and that only for the bitter Sufferings and precious Merit's of that our only Saviour JESUS CHRIST. That the LORD would vouchfafe to (hed abroad His Love in our Hearts by the Holy Ghofl j Seal unto us by the fame Spirit of Adoption, the full AiTurance of our Pardon and Reconcihation v Comfort all that Mourn in Zion, fpeak Peace to the Wounded and Troubled in Spi- rit, and bind up the Broken Hearted : And as for fecure and prefumptuous Sinners, that He would open their Eyes, convince their Confciences, and turn them from Darknefs unto Light. To Pray for Sandification by His Spirit, the Mortification of Sin dwelhng in, and many times Tyranizing over us, the Qpickning of our dead Spirits, with the Life of GOD in CHRIST, Grace to enable us for all Duties of our Converfation, and Callings towards GOD and Men, Strength againft Temptations, the fandifyed Ufe of Bleilings and CrolTes, and Perfeve- rance in Faith and Obedience unto the End. To Pray for the propagation of the Gofpel and Kingdom of CHRIST to all Nations, for the Converfion of the Jews^ and the FuUnefs of the Gentiles, the Fall of Ajitichrift^ and the Haftening of the fecond Coming of Our LORD : for the Dehverance of the DiftrelTed Churches abroad, from the Tyranny of the Antichriftian Fadion, and from the Cruel Oppreflions and Blafpheraies of the Turk ^ For the Blefiing of GOD upon all the Reformed Churches,efpecially upon the Churches and Kingdoms oi Scotland, England and , Ireland^ more particularly for that Church and Kingdom A whereof I! 115 ] _ 1 !);^hereof we a^e Members, that therein GOD would Efta- blilh Peace and Truth, the Purity of all His Ordinances, and the Power of Godiinefs, prevent and Remove Herefy, Schifm, Profanenefs, Superftition, Security and Unfruit- fulnefs under the Means of Grace, Heal all our Rents and Dividons, and Preferve us from Breach of our Solemn Covenant. Prayers are to he put up for all in Supreme Authority, and thofe in Subordinate Authority to them, I Tim. 2. I, 2, 4. Which Prayers are to be direded by their Circumftances. We are to Pray for all Paftors and Teachers, that GOD would fill them with His Spirit, and make them Powerful in their Miniftry, and give unto ail His People Paftors according to His own Heart , For the Univerfities and Schools, and Religious Seminaries for Church and Common-Wealth, that they may flourifh more in Learning and Piety, for the particular City or Congregation, that GOD would pour out a Biefling upon the Miniftry of the Word, Sacraments and Difcipline, upon the Civil Government, and all the Families and Perfons therein ;, For Mercy to the Afflided in any in- ward or outward Diftrefs \ For Seafonable Weather, and Fruitful Seafons, as Time may require \ For Averting Judgments that we either Feel or Fear, or are liable unto, as Famine, Swcrd, Peftilence, and fuch like. To pray earneftly for His Grace and Effedual Afliftance to the Sandification of His Holy Sabbath, the LORD'S Day, in all the Duties thereof, that the LORD who teacheth to profite, would gracioufly pleafe to pour out the Spirit of Grace, together with the outwardMeans thereof, caufing us to attain fuch a Meafure of the Excellency of the Know- ledge of CHRIST JESUS our LORD that we may account all things but as Drofs, in comparifon of Him, and that we tafting the firft-fruits of the Glory to come, may long for a more full and perfed Communion with Him. That GOD would in fpecial manner furnifti His Servant P 2 f now novir called to Difpenfe the Bread of Life unto His Hou{e- hoid, with Wifdom, Fidelity, Zeal and Utterance, that he may divide the Word of GOD aright, to every one his Portion, in Evidence and Demonftration of the Spirit and Power, and that the LORD would Circumcife the Ears and Hearts of the Hearers to hear in Love, and receive with Meeknefs the Ingrafted Word, ftrengthen them a- gainft the Temptations of Satan, the Cares of the World, the Hardnefs of their own Hearts, and whatfoever elfc may hinder their profitable and faving Hearing. Puhlici § 23. The Sermon being ended, the Minifter is to give Pir^fr> after Thanks for the Great Love of GOD in fending of his ^^^m^i Son JESUS CHRIST unto us, for the Communication of His Holy Spirit, for the Light and Liberty of the glori- ous Gofpel, for the Admirable Goodnefs of GOD, in tree- ing the Land from Antichriftian Darknefs and Tyranny, for the Reformation of Religion, and many Temporal Biefiings : And to Pray for the Continuance of the Gof- pel, and all Ordinances thereof in their Purity, Power and Liberty : and to turn fome of the moft ufeful Heads (^ the Sermon into fome few Petitions, and to Pray that it may abide in the Heart, and bring forth Fruit in the Life and Converfation. To pray for Preparation for Death and Judgment, and a Watching for the Coming of our LORD JESUS CHRIST •, To Intreat of GOD the For- givenefs of the Iniquity of our Holy Things, and the Acceptation of our Spiritual Sacrifice, through the Merit and Mediation of our Great High Prieft and Saviour, the LORD JESUS CHRIST. The mc4n- § 24. Notwithltanding of the Above-Diredory for pu- %ni of the Di'hlick Prayers, the Minifter may ( as in prudence he fhall n[lory, fee meet ) make ufe of fome part of thefe Petitions after the Sermon, or he may offer up to GOD fome of the Thankfgivings in his Prayer before Sermon. S 25. By C 117 ] ^ 2^. hy tht AB oi Ajfemhly^ Augujl 6. 1649, Their Of Singing Commiflion being Impowered to Emit the Paraphrafe oi^fPJ'^^fy!'^ the Ffalms, and Eftablifh the fame for publick Ufe, they %h7prej^? did accordingly Conclude and EftabHfh the Paraphrafe of Paraphraje, the Pfalms in Meeter, now ufed in this Church, after the Preibyteries had fent their Animadverfions thereupon. § 26. It was the Antient Pradice of the Church, as it Singing Is is yet of fome Reformed Churches abroad, for the Mini- T'^^/^ ^"^^J" iter or Precentor to Read over as much of the Pfilm in TnllftheLine, Meeter together, as was intended to be Sung at once, and then the Harmony and Melody 'followed without Inter- ruption, and People did either Learn to Read, or get- mod of the Pfalms by Heart , But afterwards it being found, that when a New Paraphrafe of the Pfalms was Appointed, it could not at firft be fo Eafy for the People to follow,then became it Cuftomary,tliat each Line was Read by it felf,and then Sung. But now having for fo long time made ufe of this Paraphrafe, and the Number of thefe who can Read being Increafed, it is but Reafonable that the Antient Cu- ftom fliould be Revived, according- to what is infinuated by the Diredory on this Subjed. And that fuch who cannot Read may know what Pfalms to get by Heart, let fuch be Affixed on fome confpicuous part of the Pulpit as are to be Sung in publick at next Meeting of the Congre- gation. It were to be wilhed that Mafters of Families would path the way for the more Eafy Introducing of our former Pradice by Reviving and Obferving the fame in their Family Worfhip. 5 27, In the 38 Sef. of Afe?/L 1648. There is an Scnpt'.re Ad for Examining the Labours of Mr. Zacharj; Boyd upon Songs to le the other Scripture-Songs, And by Affem. 1 706, Se(f. 4. ^J^"^ ^^ ^'^*''- The Scripture-Songs by Mr. PatruliSy?npfon Miniiter ^t ^^"/Jff, p^- Renfrew^ are Recommended to be ufed in . private Fami- blick UJe, ' lies : And in Order to prepare them for the publick Ufe of the Churchjthis was Renewed in Affem, 1707. And by the Cii8 1 the 1$ AB oi .AJfemhly 1708, Their Commiffion is In- ftruded and Appointed to Conlider tlie Printed Verfion of the Scripture " Songs, with the Remarks of Prefbyteries thereupon, and after Examination thereof, they are Au- thorized and hnpowered to Conclude and Emit the fame, for the publick ufe of the Church : The prefent Verfion of the Pfahns having been Ordered in the fame manner in the Year 1649. TheDe/^gn J 28. Though a Behever be Afflid:ed, yet he is4:o Sing md Intention (ince it is fuch a Duty as Prayer is, tendeth to Cheer the %n^in^"'^ '"^ ^^^^^^ Dirpofition, and to Sweeten and Mitigate the Crofs unto it Complaints of our Sin and Failings may be Mournful 5ongs. And becaufe GOD hath Redeemed, Par- ^ doned and Comforted others j Therefore we are to Re- joice hi the Hope and Delires of the fame to our felves. Though the -Subjed of a 5ong doth not always quadrate with our Cafe, yet unto a judicious aJ:tentive Perfon there is always fome Attribute of GOD^ fome Providence or Word of His, in that very Subjed to be praifed. la the hnprecatory Pfalms^ we fing to the Praife of Divine Jultice, againft the MaHcious Enemies of His Church, like unto thefe that the Pfahmft did aim againft. MiniflerUl S 29. The Minifter ufeth to Difmifs the Congregation BencdiBon. with a 5olemn Blefling or Prayer to GOD for them, which ordinarly is in thefe or the hke Words, 2 Cor. 1 ^, 14. The Grace of the Lor J Jefus Chrlfl^ the Love of God the father, and the Commimion of the Holy Ghosi be with yon all, AMEN , But when Probationers for the Mini- ftry are Preaching, they ufe to pronounce the Blefling with this Variation, In ftead of be with TOU, they fay, be with US. And the Moderators of General Affembhes Obferve the fame Stile in pronouncing of the Blefling at their Diflblution. Yet feing no Minifter of a Congregation, doeth put up that publick Prayer alone, it would therefore feem,it fliould always run in the Ordinar Stile of other Con- gregational Petitions, viz. Be with Us, S 3^' [ 119 ] ^ ^o, Minifters their Bowing in the Pulpit, though ^ Bomng in Lawful Cuftom, is hereafter to be laid a(ide, for Satisfadi- the Pulpit to on of the Defires of the Synod oi England^ Yehniary y^J^i^elaida/ide, '«■ <^ TITLE IL Of Fatnily Worfiip. J i; f^Y Ad ofAlTembly AugtiB 24. 1647., Rtvlved HalitmlNe- Jj Ailemblv 16 94. They Approve of the following ^^^^^^-f o/fk- Rules'and Dfredions, for private and fecret ^/^^^^^^[f g Worftiip, and mutual Edification, for cherifhing Piety, Sajpen/ion maintaining Unity, and avoiding Schifm and Divirion. from the And Minifters and Ruling Elders are required to make di- -^'"'^V '^^^'^t ligent Search in the Congregation, whether there be among them any Family which negleds to perform Family Wor- Ihip 5 And if any fuch be found, the Head of the Family is firft to be admonilhed privately, to amend his Fault, and in cafe of his continuance therein, he is to be gravely Reprov- ed by the Seflion : After which Reproof, if he be found ftill to negled Family Worlhip, let him be fufpended from the Lord's Supper. J 2. The Head of every Family is to have a Care, that Secret Wor-i both themfelves and all within their Charge be dnily dili- ^;> to he per-: g€nt in performing of fecret Worfhip, and be given to Pray- ■'''^'^^ * er and Meditation. § 5. The ordinary Duties of Families conveened for the ^^^^ f^^,-. Exercife of Piety are thefe, fir//. Prayer and Praifes yly Worfhip is* Ntrxt^ Reading of the Scriptures, with Catechizing in a a plain way together, with Godly Conferences, as alfo Admonitions and Rebukes upon iuft Reafons. S 4. The 1 1201 Readin' of ^ 4' ^^^^ Matter of a Family though of the beft Qua- the Scripmrfs lifications, is not to take on him to interpret the Scrip- tohe Improved tuvts 'j Yet, it is commendable, that, byway of Conference, in Family- ^j^^y lyj^j^g fome good Ufe of what hath been read and Conference, j^g^j^^ ^g for Example, if any Sin be reproved in the Word read, Ufe may be made thereof, to make all the Fa- mily Circumfpeft and Watchful againft the fame ;, Or, if^ J any Judgment be threatned, or mentioned to have been in-"* fiided in that Portion of Scripture which is read, Ufe may be made, to make all the Family fear, left the fame or a worfe Judgment befal them, unlefs they beware of the Sins that procured it. And finally, if any Duty be required, or Comfort held forth in a Promife, Ufe may be^ made to ftirr up themfelves to implore Chrift for Strength ' to enable them for doing commanded Duty, and to apply the offered Comfort : In all which the Mafter of the Fa- mily is to have the chief Hand,and any Member of the Fa- mily may propound a Queftion or Doubt for Refolution. ' ChapUim % 5- Perfonsof Qiiality are allowed to entertain Oneap- their Vfe and proved by the Presbytery for performing the Worlhip of ^H^' God in their FamiUes. And in other Families where the Head is unfit. One conftantly refiding in the Family, and approved by the Minifter and Seflion may be imployed in that Service. Yet it was never the Mind of the Church, that Perfons of Quality fhould lay their Family Worftiip intirely upon their Chaplains, and never perform it in their own Perfons, as appears from the folemn acknowledgement " of Sins, v/here they confefs. The Ignorance of GOD and of His Son prevails exceedingly in the Land j The greatefl: part oi Mafters of Famihes amongft Noblemen, Barons,. Gentlemen, Burgefles and Commons, neglect to feek GOD in their Families, and to endeavour the Reformation thereof. And albeit it hath been much prefied, yet few of our No- bles and great Ones ever to this Day could be perfwaded to perform Family-duties themfelves, and in their own perfonsj [ 121 3 Ptrfons, which makes fo neceflary and ufeful a Duty to he mif-regarded by others of Inferiour Rank , Nay, many of the Nobility, Gentry and Barons, who fhould have been Examples of Godlinefs and fober Walking unto others, have ?been Ring-leaders of Excefs and Rioting. § 6. Coniidering that perfons aiming at Divifion may be No hteer ready to creep into Houfes, and lead Captive (illy and un-^^^f^g'^ ^« ftable Souls; For preventing whereof, no Idler who h;Uh f 'j^r^^^;^^' no particular Calling, or Vagrant Perfon. under pretence of a Calling, is to be fuffered to perform Worlhip in Families. The not obferving of this Direction, hath been of fad Con- fequence to fome Families in this Land in the late times. Neither are Perfons from divers Families, to be Invited or admitted into Family- Worfliip, unlefs it be thefe who are lodged with them or at Meat, or otherwife with them upon fome lawful Occafion. g "/. So many as can conceive Prayer, ought to make ufe Set Foim of that Gift of GOD , albeit thofe who are rude and wea- fo^ Prayer in. ker may begin with a fet Form of Prayer, but fo as they ^■^'^^^yj"^^^" be not fluggiih in ftirring'up in themfelves the Spirit, of Prayer, which is given to all the Children of GOD in fome mcafure. g 8. Let them confefs to GOD how unworthy they are HdAterUh ^or to come in His Prefence, and how unfit to Worfhip His Ma- ^^^^b P^'^' jefty, and therefore earneftly ask of GOD the Spirit of Prayer. They are to confefs their Sins and the Sins of the Family, accufing, judging and condemning themfelves for them, till they bring their Souls to fome meafure of true Humiliation ^ They are to pour out their Souls to GOD in the Name of Chrift, by the Spirit, for Forgivenefs of Sins, for Grace to Repent, to Believe, and to live Soberly, Righteoufly and Godly, and that they may ferve GOD with Joy and Delight walking before him j They are to give Thanks to GOD for His many Mercies to His People and to themfelves, and efpecially lor His Love in Chrift, CL t and •cr. L 122 ] and for the Light of the Gofpel : They are to pray for fuch particular Benefits, Spiritual and Temporal as they (land in need of for the time : They ought to pray for^the^Church of Chrifl in General, for all the Reformed Churches, and for this Church in particular, and for all that fufPer for the Name of Chrift, for all Superiors, for the Queen's Majefty, and Inferiour Magiftrates : For the Magiftrates, MiniftcrSj and whole Body of the Congregation : And for their Neigh- bours abfent about their lawful Affairs, and for thefe that are at Home. The Prayer may be clofed with an eameft De- fire that GOD may be glorified in the coming of the King- dom of His Son, and that what they have asked according to His Will may he done. Pais md 5 9' Extraordinary Duties both of Humiliation and Tkanksn- Thankfgiving are to be carefully performed in Families, vhg D^ys in when the LORD by extraordinary Occafions, private or Families. publick, calieth for them. _ ,. §" I o. Perfons of divers Families being Abroad upon their are to Worjhip particular Vocations, or any neceilary Occafions, are to take together^ care that the Duties of Prayer and Thankfgiving be perfor* med by fuch as the Company fhall judge fitteft. Church Of' § II. By an Adof Affembly 1697. Seff. 5. fuch Elders fice-BeArers to :ind Deacous as obftinately refufeor negledFamily-worfliip beiepojcdvphe )^y themfelves or others appointed for that End, are to be hWorfhip. removed from their (jince. •«i-^ TITLE III. Of Baptifjfh WhaiS^P'^ i^ OAptifm is a Sacrament of the New Teftament, tijm IS. J-^ wherein Chrift hath ordained the wa filing with Water in the Name of the Father, Son, and Holy Gholl, to be a Sign and Seal of Ingrafting into Him- felfj C 123 ] felf, and of partaking of the Benefits of the Covenant of Grace, and whereby the Parties Baptized are foleiiinly ad- mitted into the vifible Church, and enter into an open and profeiTcd Engagement to be Only and Wholly the LORDS. § 2. The vifible Church which is CatliolickorUniverfal ^^^ ^^ under the Gofpel,confifts of alithefe throughout the World, vhomtohtA^ that profefs the true Religion, together with their Chil- fninipetU drcn : And Baptifin is not to be adminiftred to any that arc out of the fame, they being Strangers to the Covenant of Promife, till they profefs their Faith in Chrifl:, and Obedi- ence to Him : But Infants defcending from Parents, either both or but one of them, profefling Faith m Chriftand O- bedience to Him, are in that refped within the Covenant, and to be Baptized. The Diredory for Worfiiip fays, that Children of profefling Parents are Chriftians and federally Holy before Baptifm, and theretorc are they Baptized : For their Baptifm fuppofeth them to be Church Members, and doth not make or conftitute them' fuch. xA-nd therefore the pradice of denying Burial among Chriftians unto Chil- dren unbaptized is unagreeable to this Dodrine, and is moft unwarrantable : If we confider, that the Sacraments are Ordinances to be adn)iniftred in the Church, and to the Church, they necelTarily fuppofe the Pre-exiftence of a Church, and the Child's previous Right to that Seal. S 3. By that Covenant whereof Baptifm is a Seal, the TheEng^.g»^ LORD promifeth to be our GOD, and we are in His ^ro-f^ent of Pa- mifed Strength to engage to be His People, which En-' i""^-^ ''^."'^^^" gagement, tho' Chriftian Infants be not capable to come J£^ qJ^ under of themfelves, formally ^ Yet by their Parents vow- (/re«. ing in their name and ftead, they do thereby become abfo- lutely bound to the performance thereof, becaufe their O- bligation and Duty to be the LORD's, were fuppcfed, and previous unto their being Baptized. when ano- § 4. When both Parents are dead, or necefiarily abfent, f^'^'' jpo^ff^ another Sponfor is to be taken , Or, when they are Scp.n- :^'f"^ -j-'J^fji C 124 3 dalous and Erroneous, and thereby give ground to think they are none of Chrifts, and for which they may merit the higheft Cenfures of the Church, if not prevented by Evidences of their fincere Repentance : In that cafe, to tef- tifie that it doth not appear that the Children have any Right unto the Privilege of that Sealing Ordinance through their immediate Parents jx^nd that they may notwithftand- ing have a Right thereto by their more remote Parents, it is necelTary that a Sponfor prefent the Children, and engage for them. The Parent is to be required to provide fonie fit Perfon, and, if it can be, one related as a Parent to the Child (hould be Sponfor. Yet it feems Ignorant Parents are to be admitted to prefent their Children .- For by Ad of Aiiembly 1648. Sejf. 38. Article 3. ofDomeflick Reme- dies of the Sins of the Land, this is one, That Perfons to be married, and who have Children to be Baptized, who are very rude and ignorant, be ftirred up and exhorted, as at all times, fo efpecially at that time, to attain fome mea- fure of Chaiftian Knowledge in the Grounds of Religion, that they may give to the Minifter, before the Elder of the Bounds where they live, fome account of their Knowledge, that fo they may the better teach their Family and train up their Children. , , §5. In cafe of Children Expofed, whofe Baptifm, after Seffion^fhofild Inquiry, cannot be known, the Seflion is to order the pre- h Spnjgr,, fenting of the Child to Baptifm, and the Seflion itfelfisto fee to the Chriftian Education of the Child : As aMb, when fcandalous Parents cannot prevail with any fit Perfon, or rather Relation, to prefent the Child iri their name, or when the Relations of deceafed Parents refufe to become their Sponfors .• The Seflion then is to order as is faid. The Magiftrate is to take care that Expofed Infants be maintained, by laying the Expences thereof upon the Pa- rifli proportionally. By the 84. Canon. Con, 6, /» Trullo, Ca?imh'as patrinn leges fequefites, de hifantihus qiwqite Decernlmus^ Qnoties non invenkmtitr finni teHes qui eos abfqne uUa Vinhitatione ' Bapt'i^atos ejfe dicant^ nee ipfty propter ditatem de fibi trad'ito Myjier'io apti refpondere pof- fmt, dchere abfque nlla offenfione Baptizaru § 6.By the 4. Article, Cap. 11, of the French Church D'lfcip- BAptlJm not line^ the Children of Fathers and Mothers of the Rom'ijh ^^'^ Impojcd, Church,and of Excommunicated Perfons,cannot beAdmi^tcd nLii£lft!!t ni the Churchjtho they were prelented by Beheving Spon- of a Sponjor, fors, unlefs their Fathers and Mothers Confent to it, and Delire it, in quiting and yeilding up to the Sponfors their Right as to Inftruding them : For Baptifm being a Pri- vilege and Benefite, it is not to be Impofed, nor Children Baptized againft their Parents will, into a Communion whereof they are not Members ^ Hence the Cuftom of the Church, at Adminiftring of Baptifm, is, to afk the Parent or Sponfor, if they prefent that Child to be Bap- tized, to which they Declare their Willingnefs by their Anfwering Affirmatively. By the loth AB of the faid II. Chapter^ Thefe who prefent Children to be Baptized, muft be, at leaft, Fourteen Years of Age, having received the Sacrament of the LORD's Supper, and if they have not, that they Promife Faithfully to ufe their Endeavours to prepare for it. § 7. When fmgle Perfons or Families Remove unto o- The Uje; ther Congregations, they cannot Regularly there be Ad- -^K ^«^ ' niitted unto the Benefit of the Sacraments for themfelves '^'•''^ ^f F'^' or Children, till they produce a Declaration of the Church "^ -^ from which they came, Teftifying them to be free of any known Scandal, otherways thefe Holy Things' may be profaned, contrary unto that Church Pradice and Precept, Sacra Sacris, of which Teitimonials there (hould a Regi- fter be kept, and they run in this Form, ' ' Thefe are to ' Tellify, that the Bearer hereof hath Lived in this * Pariih of preceeding laft by paft. During * which 5pace he Behaved himfelf Civilly and Honeflly, 'free [ 126 ] * free of aU Church Cenfure, or publick Scandal known * to us. This given by Command of the Church Seffion * of the faid Farifh. At the day of ' Ye.irs, By A. B. Sejf. Clerk Thiir Im- § 8. Tiiis Teftimonial Imports, that the Perfon Atteft- ^^'i' T^A^r ^^ '^^ "^' ^^^ famam clamofam, or notarly Scandalous, fermff'o!^' ^^'^^^S^ Errour or Immorality , But it doth not fuppofe "Tilfimnkh him to have a competent meafure of Knowledge, for that inwd$r to the js left to the Tryal and Enquiry of the Church, to which WRD'i Snp' j^g £-gg]^g fQ tig added as a Member : Therefore their ^^^ Judgment is never Anticipate by any fuch Claufe, unlefs in Teftimonials for Perfons defiring the Benefite of the lord's Supper in another Pariih, where the Paflor thereof cannot then get time to Examine all Strangers. "*Tis true, when Mens Lives and Meafure of Knowledge are generally believed to be Good and Competent, this Order as to fuch, may be Difpenfed with, yet it were to be Wilhed th.at even thofe would Obferve it, and not give Occalion to others, not fo Good or Knowing, to be An- gry, when they arc Reftnded or Obliged unto it. 7^ici, Part 5. Tic. 20. §* 5. Form of ^ ^. Jn the Baptifmal Engagment the Parent or Spon- ^Englgemnt. ^^^^ ^^' ^^^ ^^^^^ ^^^^^ ^^^^^' to Renounce the Devil and all his Works, the vain Pomp and Glory of this wicked World, and all the finful Lulls of the Flelh. He is to Promife to Bring up the Child in the Knowledge of the Grounds of the Chriftian Religion, as they are contained in the Holy Scriptures of the Old and New Teftament : And laftly. He is to Bring up the Child in that Holy Life and Pradice which GOD hath Commanded in His Word. The Engagments to be given in Name of Chil- dren at Baptifm, Ihould bevExprell in thefe or the like general Terms, conform to the Directory for Worfhip, x^pproven by the General Allembly, Feb, 7. 1645. The Due Obfervation whereof is ferioully Recommended by the loih Ac! 0^ JiT'juu 1705. §' 10. The 5 10. The Sacrament of Baptifm is to be Adminillrate TheFofm in the Face of the Congregation after Sermon, and before «/ ^'i^i^^'^' pronouncing of the Blefllng, {See AS- of Jffem, Feb. yJliZtdte 1645. ) The Child to be Baptized, after Notice given to prayer, the Minifter the Day before, is to be prefented, the Pa- flor remaining in the fame place where he hith Preached, and having Water provided in a Large Bafon , He is be- fore Baptifm to ufe fome Words of Inftrudion, touching the Author, Inftitution, Nature, Ufe, and End of this Sacrament : He is alfo to Admoniih all that are prefent to Repent of their Sins againft their Covenant with GOD, and to Improve and make the Right Ufe of their Baptifm : Next, the Parent, or Sponfor, is to be Exhorted to Order his Converfation aright, and walk Circumfpedly, when he is to be Engaged in the Words of the Form above. This being done, Prayer is alfo to be joyned with the Word of Inftitution, for Sandifying the Water to this Spi- ritual Ufe. The Prayer is to this or the like Effed, That the LORD, who hath not left us as Strangers without the Covenant of Promife, but called us to the Privileges of His Ordinances,would Graciouily Vouchfafe to Sandify dc Blefs His own Ordinance of Baptifm at this time : That He would join the inward Baptifm of His Spirit with the outward Baptifm of Water ;, Make this Baptifm to this Infant a Seal of Adoption, Regeneration, 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 Refurredion of CHRIST, and that the Body of Sin being Deftroyed in him, he may 5erve GOD in Newnefs of Life all his Days. Then the Minifter is to Demand the Name of the Child, which being Told him. He is to fay ( calling the Child by his Name ) / BAP- TISE THEE In The NAME Of The FATHER, Of The SON, And Of The HOLT GHOST, As he pronoun- qeth thefe Words, he is to Baptize the Child with Water, [ 1.8 ] Water, which for the manner of doing, it is not only Lawful but 5ufHcient, and mofl Expedient, to be by Pourmg or 5prinkUng of the Water on the Face of the Child, without adding any other Ceremony. This done. He is to give Thanks and Pray to this or the like purpofe. Acknowledging with all Thankfulnefs, that the LORD is True and Faithful in keeping Covenant and Mercy, that He is Good and Gracious, not only that he Numbereth us among his Saints, but is pleafed alfo to beftow upon our Children this (ingular Token and Badge of His Love in CHRIST ^ That in his Truth and fpecial Providence, he daily bringeth fome into the Bof-m of his Church, to be Partakers of His Ineftim ibie Benefites purchafed by the Blood of His Dear Son for the Continuance and Increafe of His Church ^ And praying that the LORD would ftill continue and daily confirm more and more this His un- fpeakable Favour : That He would Receive the In- fant now Baptized, and Solemnly entered into the Houfe- hold of Faith, into His Fatherly Tuition and Defence, and Remen)ber him with the Favour He Iheweth unto His .People : That if he (hall be taken out of this Life in his . Infancy, the LORD, who is Rich in Mercy, would be pleafed to Receive him up into Glory, and if he Live and attain the Years of Difcretion, .that the LORD would fo Teach him by his Word and Spirit, and make his Bap- tifm Effedual to him, and fo Uphold him by His Divine Power and Grace, that -by Faith he may prevail againfl the Devil, the World and the Flcih : till in the End he Obtain a full and final Vidory, and fo be kept by the Power of GOD through Faith unto Salvation, through JESUS CHRIST Our LORD. 'MnlBerj ff ^ I* ^^^Y ^^^ ^4^^^ 'Article, Chap. 1 1, of the Fre?ich 'are to RsjeB Churcli DifcipHne, Miniflers ihall Rejed: Names given to Nm^s vi Children, that favour of antient Paganifm, fucli as D'lana^ Children, and the like , and the Names Attributed to GOD, fuch as [129 1 •as Emmanuel^ and the like, but the Names of Hoiy Men and Women in 5cTipture are to be chofen. J 12. By tliQ loth ^A3^ of Jjffem, 1690. They Con- Private uje (idering, that the Parties 'Receiving the -Sacraments, are ^"^ ^'^^''^''" 5olemnly Devoted and Engaged to GOD before Angels ' and Men, and are Solemnly Received as Members of the Church, and do entertain Communion with Her : AM that by former Ads, viz, December 10. 1658. ana 'Eeb. 7. 1645. The private Ufe of them hath been Con- demned : As alfo, that by allowing the private Ufe of the fame in pretended Cafes of Neceflity, the Superflitious Opinion is Nouriftied, that they are necelfary unto Salva- tion, not only as Commanded Duties, but as Means with- out which Salvation cannot be attained. Therefore thev Difcharge the Adminiftration of the LORD's 5upper to Sick Perfons in their Houfes, and all other Ufe of the .fame, .except in the publkk Aflemblies of the Church. And alfo^ they Difcharge the Adminiftration of Baptifni in private, that is, in any place, or at any time, v/hen the Congregation is not Orderly called together to wait on the Difpenfing of the Word. Which is agreeable to the 6th Article, Chap. 11. of the French Church Difcipline, and not to be Difpenfed with, except in Tin>es of Perfe- cution. And when a Child is Baptized in a private Houfc, as is ufed in England-^ In that cafe the Minifler is to Certify the Congregation to which the Child belongs, that the fame was Baptized by him, at fuch a time, and in fuch a place before divers WitnelTes. By the 31. Can, Cone, 6. in Truilo : Clericos qid in Oratariis quA funt i?itra domos facra faciiint vel baptizant hoc illiiis loci Epifcopi Jententiafacere dehere, decernimus., Quare ft qitis cterictis hoc nonjic fervaverit, deponatur, S 13: '^"^^^re is a Regifter to be kept of the Names of^ ^g^f"" 'f all Baptized, and of their -Parents Names and Deiignations, ^^^'''"'' and of the time of their Baptifu], and of the Names of the R f WitnelTes [ 130 ] Witiaefi'es thereto. And of all Illegitimate Children their Names, and thofe of their Parents Ihall be likewife Infert: .But of fiich it is only faid; That they are not •'born in Lawful Marriage.- When it is an Inceftuous Child, it Ihall fafficc to Name the Mother, with the Prefenter of the Child, that, the Remembrance of fo Hainous a Sin may be Extinguilhed. This is conform to the 19th Article of the forefaid 1 1 . Chapter, Baptijm to § 14. Baptifm is not to be Adminiftred but once unto ^/^•^ ^^" , any Perfon. It is not the practice of the Reformed mtmjtre . Qi^,^^j-(^|-j£g ^q Re-baptize thofe who were Baptized by the Pophh Clergy : For they Baptize with Water in the Name of the Father, Son, and Holy Ghoft as we do. But Quakers^ and others, who want this External Seal of the Covenant of Grace, though fuch fhould make Profef- fion cf the true Faith, that Sacrament of Baptifm doth remain to be Adminiftred unto them, before they or their ■ Children can enjoy the Privileges of Church Members. He who § I 5. Neither of the Sacraments may be Difpenfed by n^T^Ye Or- ^"Y' ^^^ ^V ^ Minifter of the Word Lawfully Ordained, Jained md faith our Confeffion of Faith, Cap, 27. Art, 4. And Per- Lmvfally Cd-i fons are to be liaptized by a Mmifter of the Gofpel law- Ud,. fully called thereunto, according to Art. 2. Cap. 28. 0>ir Law makes Infeftments Void and Null, where they are not given by fuch as it Appoints and Authorizeth to give them : Thus are all Infeftments in Royal Burghs, not given by fome of the Magiftrates or [Clerks thereot. Yet Baptifm, when it is Adminiftred by a Perfon, whofe Or- dination and Call is not agreeable to the Principles, Con- ftitutions and Praclice of this Church, the Effentials of the Sacrament being Obferved, that Baptifm is Efteemed as Valid, tho' not as Lawful. And although the Reformed Churches, (fo far as I can learn ) would Inflid the higheft Cenfure upon Women or Laicks, as Profmers and Mock- ers of the Holy Sacraments, if they prefumed to Difpenfe them : C 131 ] them : and would not have the kaff Scruple to- Ba^tiTic thofc on whom they had wickedly Ufurped a Power w Impofe a Mock of it ^ Yet I find they have Declined to Determine fo clearly in the cafe of Re-baptizing of thefe who were Baptized by Depofcd Miniflers ; Which, I think, doth not proceed fo much from the want of a parity of Reafon, as it doth from the Offence, which may fomc- times be taken by a great part of a Church, who do not underfland, or are not fiitisfyed with the Ground's of their Depofition, or perhaps may be altogether Ignorant of their being Depofed. But when a Depofed Miniiler hath fo little Interefr, and fo few Followers, that he is Efteemed by moft, yea by a vaft Majority, to be Lawfully De- pofed : In that Cafe it might give Offence, not to Re- baptize a Child who was fo Unlawfully Baptized. TITLE IV. Of the LORD'S Supper, J I. '^ ■ ' He lord's Supper, fo called from the time M^f tj-^e Jt of its Inltitution and firfl Celebration, is 21 LORD's Su- Sacrament of the New Teftament, wherein -hyP'^^^' giving and receiving Bread and Wine, according to the Appointment of JESUS CHRIST, His Death is fhewed forth, and they that Worthily Communicate, not after a Corporal and Carnal manner, but by Faith, feed upon His Body and Blood, to their Spiritual Nouriihment and Growth in Grace, have their Union and Communion with Him Confirmed, Teflrify and Renew their Thankiiil- nefs and Engagements to GOD, and their mutual Love and R 2 Fellowlhip C 132 ] Fellowfhip each with other, as Members of the fame My- ftical Body. mom''4jU 5 2. Thefc who are to be Admitted to this Sacrament, 'AdrrAttei muft be fouiid -to have a Competent Knowledge of the thereto, and Fundamentals of the Chriftian Religion, and to be of fuch m f^^J jjQ Inoifenfive Walk and Converfation, both towards GOD and their Neighbours, that they are not known to be Guilty of any Scandal that Meriteth Church-Cenfure. By the 12. Chap, of the Fr^w^^ Church Difcipline Art, 2. Perfons Ihall not be Admitted to the LORD's Supper, till they be above Twelve Years of Age.But I'm fure,if Children at >iine Years of Age can Exprefs themfelves Pioully and Knowingly, Ihewing that they have the Grace Signifyed and Pxomified, The Seal of the Promife cannot Warrantably be Denyed unto them. By the 6. Art. of that Chapter^ a Man that is Deaf and Dumb, (hewing his Piety and Reli- gion what he can, by evident Signs, Tokens, and Ge- fiures,may be Admitted to Partake,when by a long Experi- ence of the Holinefs of his Life, the Church fliall perceive he has Faith. By the 7. Art. thereof, The Bread of the Sacrament is to be Adminiftred to thofe who cannot drink Wine, they Protefting that it is not through Contempt, and they doing what they can towards it, by putting the Cup as near their Mouth as they may do to avoid giving any manner of Offence, And by the 10. Art. of the fame 1 2. Chapter^ they fay : In as much as feveral Sick Per- fons come to receive this Sacrament, which gives Occafion that feverals make Scruple of drinking the Wine after them, the Pallors and Elders Ihall be Warned to take ' good Heed that Care and Prudence be ufed in this Matter. They may Communicate laft. 7 he Ordl- J 3. Ordinary Bread is to be ufed, and it is moft decent mryElemntsi^ be Leaven'd Wheat Bread. Any kind of Wine may be %wm^^^^ in the LORD's Supper, yet Wine of a Red Colour Sm(r*> ' feemetli moft fuitable. In cafe a Society of Chriftians - ' - ihould C 135 ] {hould want the Fruits of the Vine of all Sorts, I cannot think but it might be Supply ed by fome Compofure as like unto it as could be made : And if any Church la- boured under that Invincible Necellity, were it not fafer" for them to Interpret that as a Call and Warrant to Com- municate, though wanting the Fruit of the Vine, than to Conftrucl it an Authorizing them in a perpetual' Negled of thft Sacrament > § 4. When the Admiffion of thefe who are allowed to Commmi' Partake of the LORD's Supper, is once Recorded by !i cants to he Re-- Sentence of the Church Scflion, which is to proceed either ^"^^^^ ^y ^]' upon the Minifters Examining of the Parties in their fjf'^-f,^S prefence, or at Isaft of two or three of the Elders, that fo^^ thdrSen- the Reft may pafs their Sentence on their Teftimony and tence After Report. In that Cafe there will never be any Neceflity '^^>'*^' * of coming afterwards to Minifters and Elders for Re-ad- miflion, unlefs by after Scandal they be judicially Su- fpended from that Privilege. See the Vindication olPreJhy- terial Government, Printed 2it London 16^^, page 1430- vide infra J 6, and 16. 5 5. Wheathe Sacrament of the LORD'S Supper is to Hovp StrAn^ be Celebrated in a Neighbouring Congregation, who have^""^ '«^^^^' not Leifure and whofe Work is not to Examine Strangers ^^^^ Si ( as above ) The Mmifter, or any Two Elders in his TefiimoniMs, Abfence, may give Teftimonials, yea Ihould give to any of their Parilh, who Communicate ordinarily at their own Parifli Church, and are without Scandal in their Life for the time, who are thereupon to be Admitted ex debito^ and by reafon of the Communion of Saints. But this is not to prejudge the Admiffion of any Honeft Perfon, who occafionally is in the place where the Communion is Cele- brate, or fuch as b}^ Death or Abfence of their own Mi- nifter or Elders,could not have a Tcftimonial.^<^ of Affem. Feb, 7. 1645, Art. 12. about Uniformity of Worihip. J 6. By '^^'Mniners § 6.Bythe ii,AB of the, Jjjembly i7o6,Tt is Recommended Bchvimr, ^q ^\\ Miniftcrs, to take as ftrid a Tryal as can be of fuch fcrfoflXn^^ they Admit to the LORD*s Supper, efpecially before firfiAdmmd, their firft Admiflion thereto, and that they Dihgently In- ftrud them, particularly as to the Covenant of Grace, and the Nature and End of that Ordinance as a Seal thereof, and Charge upon their Confciences the Obligations they ly under from their Baptifmal Covenant, and fd^ioufly Exhort them to Renew the fame. This fully Anfwers the End that any Proteftant Biihop can have in Miniftring of Confirmation, or laying on of Hands upon thofe that are Baptized and come to Years of Difcretion : Nei- ther doth it Savour of any Superftition, or any Scandalous like Approach to the Papisis their Confirmation ( by Chrilm on Infants ) for the receiving of the Holy Ghoft, which is nothing elfe but an audacious and apirfi Imitation of Conveighing Miraculous Operations by th« Apoftles hands. f^ Perjms . § 7. It is Agreeable to the Law of Nature to feek and Cfiilty efmore^ promote the Good of others, according to our Ability and SSriw Tole Opportunity, by Admoniihing them to Forbear Sin and MmmL Repent for it. Lev. 19. 17. Then jh alt not hate thy Br o- ther hi thy Heart, thou fialt in any ways Rebuke thy Neighbour, and not fi/ffer Sin upon him. Sec Matth, 1 8. 15. I fuppofe tliat the Sovereigns on Earth did publifh their Intentions of Pardoning all Traitors, who fhould exprefs their Sorrow and Hatred at former Treafons, and as a Mean to Reduce them to that Happy Temper, had llridlly Commanded and Required all their Good Subjeds, to put tliem in Mind of the Ingratitude, Folly, and Dan- ger of their Treafon : Would not we conclude that a Neighbour feeing his Fellow commit Treafon, and not Reproving him therefore, did neither Regard his Sove- reign's Honour and Authority, nor yet Valued his Neigh- bour's Happinefs ? How much more juftly may Our LORD C 155 ] LORD and SAVIOUR load and charge Church Hulers with this Sin, if they fail to perforin that Duty, fc- ing he hath laid His fpecial Commands upon them to do it > And therefore, if any Elder or Minifter, ihall fuffer one whom they know to be guilty of fome fcandalous or hain- ous Sin, though not puhlick, to approach unto the LORD's Table, ^without fatisfying Acknowledgements made in pri- vate for it, they do thereby, for ought they know, fuffer him to partake of that holy Supper wit|h un-repented Sin upon him. g 8. As there are divers kinds of good Gifts, fo there Pffrjons who are divers Degrees of them, according to which we may converje not and ought to love our Neighbour, more or lefs, becaufe ^^■^^^^J'''-;^'''^ we are commanded to do good unto all Men, both with ^°''^'^'^'^^"''^' our Spiritual Advice, and with our Worldly Goods, Mini- firing to their Neceffities, but efpecially unto them who are of the Houfhold of Faith, GaL 6. 10. We are bound to fhew our Love to our Enemies, * by overcoming Evil with Good. Ro?n. 12. 21. Which is the way, not only to be even . with them that wrong us, but to be above them. Every Man is called to provide for his own, efpecially for thofe of his owm Houfe, i Tim. 5. 8. We are to have a Klatural Affedion for fuch as be near to us in Blood, and the want thereof is difcovered by their want of Converfe. The Apoftle iCor. 5. 11. forbids to keep company with fome fcandalous Perfons, and admitting thnt Precept to be prohibitive of a Civil Intimacy, it holds as a ftronger Ar- gument againft Religious Communion with, or at leaft Ad- miflion oif them to fuch a diftinguifhing Ordinance. Solo- mon^ Vrov. 22. 24. forbids us to go into the company of a furious Man, and to converfe frequently and familiarly with an angry Man, as Friends ufe to do. So that, though there are common Offices due to all Men, yet that diftin- guilhing Pradice of Friends in frequent converfing together, is free and optional, as the bellowing of Gifts is. Indeed, when £i36 1 when npttour {candalous breaches and difFerences do hap- pen, in that cafe, the Parties fhould be obliged to a formal Agreement, by converfing in prefence of thofe, whofc "Work it is. to Compofe fuch Differences ; But even then, they can be obhged to continue in no more Friendfhip than a|common Converfe imports, efpecially the lefed Party. They may be indeed both obliged to profefs ^»«»- Prayer, the Minifter is to take the Bread, and fay, Accor- ^'^ ^'^|; ding to the Holy Inftitution, Command, and Example of !2^To»''^^* our BlefTed LORD and SAVIOUR JESUS CHRIST, I * " take this Bread, and having given Thanks, I break it, and give it unto you. Take ye, Eat ye, this is the Body of • CHRIST which is broken for you, do this in Remem- brance of Him. In like manner, the Minifter is to take the Cup, and fay. According to the Inftitution, Command, *' and Example of our LORD JESUS CHRIST, I take this Cup, and give it unto you. This Cup is the NewTefta- ' ment, in the Blood of CHRIST, which is fhedforthe Re- miffion of the Sins of many, Drink ye all of it : For as oft as ye eat this Bread, and drink this Cup, ye do Ihew the LORD'S Death till He come. If the Minifter have noo- ther Brethren aflifting him in the Adminiftration, from whom he is rather to take the Communion at the next Table, he is to Communicate himfelf at the firft breaking of the Bread, and diftributing the Cup. g 2C. All the while the Elders and Deacons in a com- Service of petent Number, and in a grave and reverent Manner, do'^'^^^^-^ h^^- attend about the Table, to fee that none be admitted with- '^"'■' "^^"^ ^^''' out Tokens, as in § 13. Hitj. Tit. and that all who are ad- "''''* mitted, may have the Bread and Wine in their own Phce and Order of Sitting, which is without Difference of De- grees, or Refped of Perfons. . Tl^ 7i\ '■ g 21. By the laft mentioned Ad of AfTembly, there holofMM- to be no Reading in the time of Communicating, but the Mi-/^^^ '^«^'^»»»- nilter maketh a fhort Exhortation *at everv Table ; That «?«'^''^f ^^j^«- there ''^^'^' — C 142 ] there be Silence during the time of the Communicants re- ceiving, only the Minifter may drop a (hort and futeable Sentence. By that fame Aft, the diitribution of the Ele- ments among the Communicants is to be univerfally ufed, aftef the Minifter hath broken and delivered it to the near- eft. Itettiy That while the Tables arc dillblving, and fil- ling, there be always finging of fome Portion of a Pfalm. Item^ That the Communicants both before their going to, ^nd after their coming from the Table,, (hall only joyn themfelves to the prefent publick Exercife then in Hand. Item^ That none of thofe who are prefent in the Kirk, .where the Communion is celebrate, be permitted to go forth, till the whole Tables be ferved, and the Blefiing pronoun- ced, unlefs it be for more Commodious Order, and in other Cafes of Neceflity. /Exhortation g 22. The laft Ta.ble, after they have Received, ordi- ^ffiwltf/^r ' "^^^^ to avoid any trouble by going to their %ll hfveCom- own PJaces. Then the Minifter goes to the Pulpit, where, pimicatefand in a few Words, he putt Jth them in mind of the Grace of theConckfi- GOD in JESUS CHRIST, held forth in this Sacrament, ^' and Exhorts them to walk worthy of it. Then he gives lolemn Thanks to GOD for.His rich Mercy in JESUS CHRIST, Begs His. Pardon for the Defeds of the whole Service, and Intreats His Afliftance to walk as becometh thofe who have received fo great Pledgee of Salvation, and then concludes with the ufual Petitions in the publick Prayers of the Church. After Prayer, all joyn in finging a part of a Pfalm, futeable to the Occafion, and are difmif- fed with the Blefling. ilhe frequent S' ^3- ^" ^^^^ Manufcript Ads of AflTembly, .there is an .Celehration o/Aft Vecemher 15.62. appointing the. Communion to be tBe LORD s celebrate four times a Year in Towns, and twice a Year in -'5'«PP<'^j^j- Country Parilhes ^ yea, itwas Miniftred.then once a Mo- .commen4^d. ^^^^^^ ^^ ^^^^^ ^^ feen by the old Difcipline bound in with the old Ffalms, and Fbrms for Prayer in Mr.KNOX'-s.time. "And C 143 ] Afid by tlie T4tli Art, Cap, 12. of the French D'lf- (ipline. It is Recommended to their National Synod, to* give Diredions about the more frequent Celebration of the LORD*s Supper, and their Cuftoni then was four times a Y-e^rBut our ABs of J ffeffilpfy i6:^^,Seff.2^.AB i^.ASi 19. oi AJfem. 170 1, and Diredory for Worfhip, do only Re- commend the Frequent Celebration of the lLORD*s Sup- per : But how often is to be Determined by the Kirk- Seflions, as they fhall find moft Convenient for the People, their Comfort and Edification. Thefe Recommendations feem to be Treated with little or no Regard among us, for as yet, fo far as I know, not on^e Parifh hath Celebrate it once more than Ordinary upon their Account. I'm fure, if they will have it but once a Year, yet Parifhes, in the Neighbourhood may fo Correfpond, as to have it in' that Bounds all the Months of the Year, which will Supply the want of its Frequency in one Parifh, at leafl unto fuch as may well Travel unto their Neighbour Churches. 5 24. By the Ad Jam. 6. ParL 5. Cap, 54. fid fin. the BowCom^ Parfonsofall Parifh-Kirks are to furnifh Bread and Wine ^J'^^f^^.^ to the Communion fo oft as it fhall be Adminiftrate. And ^J^^nd applyed by the ASi oi Ajfem. 1638,5^23, Art.12, Where xherfhentheCm- Minifter of a Parifh has only Allowance for furnifhing ^^^'l^^ ^ "''^ Communion Elements once a Year, It. is Declared, that - -— * the Charges fhould rather be payed out of that Days Col- ledion, than that the Congregation want the more fre- quent Ufe of the Sacrament. Spanheinms^ in his Tntro- duBion. to Sacred HiHory^ tells us, that in the Second Century, the LORD's Supper was then ExprefTed by fe- veral Names, and among others it was called the OBLA^ TION^ from the Peoples Offering the Bread and Wine. And truely, if the People were defired to Contribute ^ Money for that End,it were but Reafonabie,and not to be 3 Grudged, even though it were but once a Year Celebrat- ■ . ed. [ 144 1 cdjwhere tlieMinifler has no Allowance even for that once,' and wants hkeways a Leg^il Maintenance, Allocated and Secured unto lum.Bnt where the Communion is but once a Year, and the Minifter hath a Legal Stipend fecured to him, he ought to be Difchar^d to take or Defray the Expenccs.of the Elements out of the Money given and Mortified for the Ufe of the Poor : And this Pradice is rendered yet the more Scandalous and hiexcufable, in Parilhes where this Sacrament is but once a Year Celebrate, and where there be Colleagues wiio ha-ve both Legal Sti- pends. The Sum ordinarily Modified for Communion Elements doth not Exceed Fifty Merks Scots, which the Heretors are lyable yearly to pay, albeit the Communion be not Adminiftrate m the Parilh, providing the Minifter offer to Apply it for the Ufe of tlae Poor. TITLE V. Of the Solemnizuztio7i of Marriage. M^rrUge § I. XMATRlMONlCIM Is Defined by ^ ModcBi- dejcribed. J[\jL ^^^^ ^^ ^ iV£?m & Fwmina conjunBio^ &■ omnis vita Cojifortiiim, Divini €^ Humani juris commtmicatioy i.e. The Conjundion of Man and Woman to be Conforts for all their Life, with a Commu- nication of Rights Divine and Humane. By the Laws of the Church of Engl/indy as they are Reformed by Eeriry the 8th, and Edward the 6th, in the Latter Edition Printed at Lo7idon i64>i. Marriage is Defin'd, Lcgitimtts eontraBiis mutuant & perpetuam viri cum foemina con- junBionan, Dei jujfit inducens & perficiens , in quo tradit ^iterque c 5545 :i ^ uttrquf altm potisfiattm fed corporis, liel ad prol'em' fujoifd" endamy vel ad fcoHnUoiiem evitanda?n, NUPTI^ arc fometimes taken pro ritu 7mptiali, for Wedding Cere- monies. § 2. The Sponfaliaj or Efpoufals, femt mmtio & reprc- SpoHfaUl mijjio fitturanm nuptiarum, or, de futiiro Matrimonlo^ i^ ofEJpwjdh is only a Confent de prefenti that makes Marriage : But"'^-'- the Confent de futuro, which is given at the Contrad of Marriage or Proclamation. of Banns, is only the Efpoufals, which are premifed to Marriage, it being fo Solemn an Ad, ftiould be performed with due Deliberation. By the Civil Law and Cuftom of this Nation, there is-place, rebus integris for either Party to Repent, and Renouacc the Efpoufals. Vide St am In flit, page 25. And: by the 9th ^rf. Cap, 13. of t\\t French Church Difcipline^ tho' it be Prohibited to Marry the Sifter of the Deceafed, yet it doth not condenm Marrying the Sifter of one Couradedj that is Dead, becaufe it fuppofes that an Alliance is not Confummated but by Commixtion of Blood or 5ex. ^S^^thc Commentary on that Article, % ^. Marriage ought not to be within the Degrees of F<'^t^'<^f§ Confanguinity or Affinity, forbidden by the Eight^nth^^'^''--* ,,: Chapter of Leviticus , The Man may not Marry any of his Wifes Kindred nearer in Blood than he may of his own, nor the Woman of the Hufbands Kindred nearer' in Blood than of her ov/n. ( See the Confejfion of Faith ) Otherwife the Marriage may be Declared to have been Null. A Man may Marry any of his Wifes Allys, or a Woman any of her Huft)ands Allys ^ nam non datur Afi fnttas Affinuatis, § 4. Marriage being Ordained for the Increafc of Man- Mdmige kind, and for Preventing of Uncleannefs, Perfons Natu- ''^'*>'^'''^'^^'*'''^ rally hnpotent are therefore Incapable to Marry. Yet by ^felT'^JnT the Laws of the Church of England, as Reformed by K.wkenmt ^ Hen, 8th, and King Edward the 6th, De Matrimon'w^ T f Cap. -J. : C 146 ] I Cap. 7. their Caiion runs thus, Verum ft nota fit utriqite feYverfitas^, ^ tamen miitus perdncet de Matrmonio con- fiftfas, nupttAi procedant , quoniam volenti hu nulla inju- ria poUH fieri, Who cannot § 5. Thefe who cannot Confent cannot Marry, fuch as P^-fVl^' ^'*^' Idiots and Furious Perfons durante furore^ neither they mM^O' ^vho have not the Ufe of their Reafon, as Infants and thofe under Age who are not come to the Ufe of Difcre- tion, that is when the Perfon is within the Years of Pu- pillarity, commonly Eftablilhed in Law to be Fourteen in Males, and Twelve in Females, ?i?Ji itialitia fuppl^at ^ta- tern, which without further Probation Declares them to be Arrived at that Difcretion which fits them for Mar- riage. ^anniZifaf ^ ^' ^^ ^^ ^^ ^^^^' whether the Confent of Parents, PremiJeToJ Curators or neareft Friends in their place be ElTential to Marriage . ^ Marriage > The Common Sentence will Refolve it, Mul- made l^Mi^ta Intpediiint Matrimo?iiu?n contrahendiifn, qiidi non diri- -— ■ mimt cofitraBiim, So that their Confent becomes neceflV ry, as it were, necejfitate pr^cepti^ fed non necejfitate medii. And by an Overture of AfTeuiby, June 4. 1 644, ^ It is propofed to be Conlidered on, and Reported by the Prefbytenes, that Promifcs of Marriage made by Minors, to Women with whom they have Committed Fornication, be , . Declared Null and of no EfFed , Efpccially when the Ifouth is not wilhng to Obferve the fame, becaufe his Pa- rents Threaten him with the Lofs of their Bleffing and of his Birth-right. This is propofed as being agreeable to theWor^ofGGD. fif^lf^bc^' ^ '^* Errors in the Subftantlals make void the Confent, Conjent in nnlefs future Confent Superveen, as it did in Jacobs who 'tmiaia. fuppofed that he had Married and received Rachel, but by niiftake got Leah, yet was content to Retain her, and t-o Serve for the other alfo : But Errors in Qiialities or Circuraliantials vitiate not, as if One fuppofing he had Married C '47 ] Married a Maid or Chaft Woman, had Married ^ Whore according to Stairs InH, pag, 26, Yet by Dgut, 22. 21. That Errour feemcth to be accounted Subftantial: For by that Text a Woman fo Deceiving a Man was to be! put to Death. And by the 38 Art, CVp. 15. Frsrich Church Difcipline^ If it fhould happen, that after Cpntracl^ and Promifes made, and before the Accomplilhment of Marriage, the Bride is found to have Committed Fornica- tion, before or after the faid Promifes, and that it was unknown to him who had promifed her Marriage, the Confiftory may proceed to a New Marriage : And the Bride fhail have the fame Liberty,, if it be found that tlie Bridegroom has been guilty of Fornication befcre the faid Promife. By the 5th Art, Cap, 24. of our Confejjion of Faith, that Cafe is only Determuied thus far, vtz>. Adultery or Fornication committed after a Contrad, being deteded before Marriage, giveth juft Occaiion to the Innocent Party to Diflolve that Contrad, and they Support this from that Scripture, Matth, i. 18, 19, 20. § 8. Parties cannot be iWarried without they be known Tejlimnull to be fingle Perfons, either by the Minifters own proper/^ ^-«n7>I^j Knowledge, or by a Teftimonial from fome Minifler, El- ders, or Seflion, bearing the fame. But albeit they cannot procure a Teftimonial in common Form, through their being Scandalous, yet the Benefite of iWarriage cannot be Denyed them after the Proclamation of Banns. But by j, the 21 Art, Cap. 23. of the French Church Difciplj?ie, if • ' one of the Parties who defire to be Afarried, is Excommu- nicated, the iVfarriage fhall not be Admitted in the Church, unlefs the Excommunicate Perfon make Confeflion of his Faults, but thofe that are Sufpended from the LORD's Supper they allow to be Married, S 9. By the 3d Article, Chap, 24. of Our ConfeJ/Jon of •^p'''.'*^, Faith, fuchas profefs the true Reformed Rehgion, Ihould^'^ ^^ - not Marry with Infidels, Papifts, or with other Idolaters, or with fuch as maintain Damnable Herefies. And in T 2 purfuance ^utfuance of tliat by an Overture of xhs,. Each Nobleman 2000 lib. the Landed Gentle- man 2COO Merks^ any other Gentleman or Burgefs loco lib. and any other Perfon 200 Merks, and to be Imprifon- ed till they Declare and Pay. The Celebrator is punilhable by the Council, not only with Baniihment, but in fuch Pecunial or Corporal Pains as they (hall think fit j The. Witnefles are made lyable in the Sum of 100 lib. None of the Parties ( if both be Refiding in ^cotland^ fliall get.' themfelves Married in £//g;///wRebuUe4* as: unneceflhry Tranfgreflbi^- og ai very Comely and RatioBal Church Order. Oh' Son A' S ^7* By the Form of Solemnization of Matrimony^ gadh- the prefcribedby the Church of England, in the Book ofCom^ Marriage on mon Prayer .• If any Man upon the Day of Marriage^ do^ that Day AJiedge and Declare any hnpediment, why the Parties mayy C^Jion. ^^^ ^^ coupled together in Matrimony, by GOD's Laws^ and the Laws of the Realm, and will be^ bound, and fufHr cient Sureties with him, to the Parties, or elfe put in a> Caution (to the full Value of fuch Charges as the Perfons to be Married do thereby fuftain) to prove his Allegation j^ Then the Solemnization muft be deferr'd until fueh tim^ as the Truth be tryed. _ ra S 1 8. After the Purpofe of Marriage h^ith been Order- le^UmiJof^ Publilhed. The Minifter is firft to pray for a Bleffing. the Marriage upon the Parties appearing to be Married : Which being en- Coi^enm, ^led, he is briefly to Declare unto them' out of the Scripture, the Inftitution, Ufe and Ends of Marriage, with the Con- jugal Duties. Then he is folenmly to charge the Perfons to be Married, that they wonld Anfwer as- in the Sight of GOD, to whom they muft give a ftrid Account at the laft JDay, that if either of them know any Caufc, by Fre-con- trad^ or otherways, why they may not Lawfully proceed -to Marriage, that they now difcover it. The Minifter, if no hnpediment be acknowledged, Ihall caufe firfttheMan take the Woman by the Right Hand, faying thcfe Words. /, N. do take thee N. to be my Married JVife^ and do in the Frefence cf GOD, and he fore thefe Wit7ieJfeSy_ Promifa and Covenant to be a Loving and Faithful Jinshafid witd thee, ufitil GOD fiall feparate us by Death, Then the Wo- man fhall take the Man by the Right Hand, and fay thefc Words. /, N. do take thee N. to be my Married Husband^ and I do inthe Prefence of GO D^ and before theft WH' 7ieJ]eSy P7'omij'e and Covenant, to be a Lovi?ig, Faithful and Obedient Wife unto thee, until GOD fiall feparate us bf Death. C 153 ] P^/7^/^.Then without further Ceremony, the Minifler fhall pronounce them to be Hufband and Wife according to GOD's Oruiaance, and fo conclude the Adion with prayer. § 19. By the Diredory for Worfhlp on this Head, a Regiftcr of Regifter is to be carefully kept, v/herein the Names oi i\it ^'^^'r'uge & Parties fo Marryed, with the tim-^ of their Marriage, are f_f^' '^'^' '* forthwith to be fairly Recorded, for the Perufil of all P^^/ -- whom it may concern. And that the Regifters ofBaptifms ^ ' ' and Marriages may bear the greater Faith, it's fit they be fubfcrlbed on each page by the Minifter ^ Or, in a Vacancy, by two Elders, and the Clerk of the Seflion. •^ " TITLE VI. Of Vifitation of the Sick ^ ^' Wl^ ^^^ admonilhed by the Apoftle Vaul i Cor. Minijiers; Y Y 10. 32. to give no Offence neither to the ^^'^'^^•^'''^'^'''*- Jezvs nor to the GentiUs, nor to the Church ''"^M^j^'. of GOD. By the 41 Canon Condi. Carthagin. Clerid ad^TZTM Viditas vel Vtrgines noti tngrediajitur, fed cwn Con-derm 5 ^^nmArridW^^ vel uh'i adfunt Clerid^ vel aljqid boiui, extHimatioms Chri-^^^^^^^ ^^^ ftlani. And by the Ad of Ailembly AuguH 2^tb 1647/' "'' ''''^'''' Se£. 19. Art. 13. fometimes the Perfon troubled may be of that Condition, or that Sex, that Difcrction, Modefty, or fear of Scandal, requireth a Godly grave Friend to be pre- fent, when the Pallor is vifiting the troubled Perfon. § 2. It is the Minifter*s Duty to Admonilh, Exhort, Minmers Reprove and Comfort thefe committed to his Charge upon'^'*'^^^''^^^'^*' all feafonable Occafions, fo £.r as his Time, Strength Ldt^^i^ Ferlonal Safety v/ill permit. The People are often to con- their id- ' ferr with their Minifler about the Eflate of their Souls, ^''^^^^^ and in times of Sicknefs to defire his Advice and Help be- fore their Strength and Underflanding fiil them : For this and what follows of this Title fee the X)ire8ory. U \ % 3>' The I ^54 ] The MAtter' % 3- The Miniftcr being fent for,is to repair to the Sick, tfhii Confe- and to apply himfelf with all Tendernefs and Love to his 7m f r^'^k ^^^' ^^^"^^"^^^^g ^^"^ ^^^ of the Scripture, that Difeafes S. ^^ * come not by Chance, or by Diftempers of Body only, but by the Wife Hand of GOD v And whether it be hid upon one out of Difpleafure for Sin, for his Corredlion or A- mendment, or for Tryal and Exercife of his Gnces, or for other fpecial and excellent Ends, all his Sufferings fhall turn to his Profit, if he (incerely Labour to make a fandi- fyed Ufc of GOD*s Viiitation, neither defpifing His Cha- llening, nor waxing weary of His Corredion. Ho«« to deal § 4. If the Minifter fufped him of Ignorance, he fhall mth thelgno' Examine and Inftrud him in the Principles of Religion, '^^"^^^J^^^/'and in the Nature, Ufe, Excellency and Neceffity of the #«?f. Graces of the Spirit of GOD. He fhall flir up the Sick Perfon to Examine himfelf, to fcarch and try his former Ways, and his Eftate towards GOD. Ifthefick Perfon ihalJ declare any Scruple, Doubt, or Temptation, that is u- pon him, Inftrudions and Refolutions fhall be given to fettle him. But if it appear that he hath not a due Senfe of his Sins, Endeavours ought to be ufed to convince him, of the Guilt, Pollution and Defert of them \ And withal, to make known the Danger of delaying Repentance, and to roufe him out of a ftupid fecure Condition, to apprehend the Juflice and Wrath of GOD, before whom none who are out of CHRIST can (land : Care muff be taken that the fick Perfon be not cafl: down into defpair, b^^ fucha fevere Reprefentation of the Wrath of GOD due to him for his Sins, as is not mollifyed by a feafcnable propounding of CHRIST and His Merits, for a Door of Hope to every penitent Believer. H^re to dcd § 5- ^^ ^h^ fick Perfon have endeavoured to walk in the y>ith theje of W'ays of Holiuefs, and to fervc GOD in Uprightnefs, al- ^hoje Well- |-}|o' not without many Failings and Infirmities , Or, if his !'r"m«JV Spirit be. i)rok€n with the Senfe of Sin, or caft down j^olr, . through [155] through the Senfe of the want of GOD's Favour .• Thca it will be fit to raife him up, by fetting before him the Freenefs and Fulnefs of GOD's Grace, the Sufficiency of CHRIST'S Righteoufnefs, and the gracious Offers in the Gofpel .• It may be alfo ufeful to (hew him, that Death hath no Spiritual Evil to be feared by thofe who are in CHRIST, becaufe Sin, the Sting of Death is taken away by Him, who hath delivered alUhat are His from the Bon- dage of the Fear of Death. Let Advice alfo be given, as to beware of an ill-grounded Perfwafion on Mercy, or on the goodnefs of his Condition for Heaven, fo to difclaim all Merit in himfelf, and to call himfe If wholly upon GOD for Mercy, in the fole Merits and Mediation of JESUS CHRIST. §6. When the (ick Perfon is bed compofed, may be The Minu- leaft difturbed, and other neceflary Offices about him leaft/^J ^^fj/''''*Jj hindered:, The Minifter, if defired, fhall pray with and ^^^'^^jf "'^ for him, confeffing and bewailing Original and A6lual Sin, acknowledging it to be the Caufe of all Mifery ^ Imploring GOD's Mercy for the lick Perfon through the Blood of CHRISTjbefeeching that GOD would open his E}'es,caure: hhn to fee himfelf loft in Himfelf, make known to him the Caufe why GOD fmiteth him. Reveal JESUS CHRIST to his Soul for Righteoufnefs and Life, give unto him His Holy Spirit to create and ftrengthen Faith, to work in him comfortable Evidences of His Love, to Arm him againft Temptations, to take off his Heart from the World, to fur- . niffi him with Patience and Strength, to bear his prefent Vifitation, and to give him Perfeverance in Faith to the end : That if GOD (liall pleafe to add to his Days, he would vouchfafe to blefs all Means of his Recovery, re- new his Strength, and enable him to'walk worthy of GOD by a faithful Remembrance and diligent Obferving of his . Vows and Promifes of Holinefs and Obedience : And if GOD hath (Jetermined to hnifhhis Days, by the prefent ' ' " U 2' ' . ^ • Vifitation, [156 1 Vifitation, he may find fuch Evidence of his Intereft in CHRIST, as may caufe his Inward Man to be Renewed, while his Outward Man Decayeth. ?cc»U/tr § 7. The Minifter fhall Admonifh him alfo, as there '^Admonimni {hall be Caufe, to fet his Houfe in Order, thereby to pre- to the Ski ^ ^^^^ Inconveniencies, to take Care for the Payment of his Zisto jZt Debts,and to make Reftitution or Satisfadion where he hath 4i dreprejenf »don& any Wrong •, to be Reconciled to thofe with whom he hath been at Variance, and fully to Forgive as he Ex* peds Forgivenefs. He may alfo Improve the prefent Occafion to Exhort thefe about the Sick Pcrfon, to confi- der their own Mortality , And in Health fo to prepare for Sicknefs, Death and Judgment, that when CHRIST who is our Life fhall appear, they may appear with him in Glory. When Sick Perfons defire the Prayers of the t% the Congregation, it is like an Intimation and Suit to thefe S^^.^^ ^ti' "^^^^ ^^^^ ^^y ^'^^y^" w^^^ GOD to Pray for them in Se- jflkh^' ^'^' cret, and continue fo to do, as well as in Pubhck. «> TITLE V I L Vf Burial of the Dead, Lyke-wakeSy and T>trgesl •Jher^rMfr^ I. I^Y the Diredory for Worftiip, Upon the Day of »f Barifh JQ Burial, the Dead Body is to be attended de- cently, futcable to the Rank of the Deccafed Party ta the Burial-place, and there immediately Interred without any Ceremony. 'Tis moft convenient that at fuch Occafions, we have Meditations and Confer«nces fuitcd thereto, and that the Minifter as upon other Occafions, fo at this time if he be prefent, may put them in Remem- kraace of their Duty, ~ " g %, By [157] J 2. By the Old Book of Dlfclpllne in Mr. Knox\ ^oTfiner4 Time, annexed to the Old Paraphrafe of the Pp/wj ^ ^{.Sermons. ter Burial, the Minifter, if prefent and defired, goeth to the Church, if it be not far off, and maketh fome Com- fortable Exhortation to tha People, touching Death and the Refurredion,. But by the 4B of AJfemhly 1638, 5^^ 29, 24. Art, 22. all Funeral Sermons are Difcharged. § 3. By the ^^ of Jffe?nhljy 1643, Seff, 9. They Dif- . ^orBwUl charge Burials, and hanging of Honours, Broads and Arms 'f '^^ ^^^^ ^/ of Perfons of whatfoever Quality, within the Kirk where ' ^^^ * the People meet for publick Worftiip : For perhaps at fome times the People would be Incommoded with open Graves. Bifhop HALL of t^orwich was of Opinion that GOD's Houfe was not a meer Repofitory for the Bodies of the Greateft Saints. 5 4. By the ABs of AJfemhly 1645, SeJJ\ 8. Ajfembly Lih-ytah's 1 701, Seff. uh. All Lyke-wakes are Difcharged, as Fo-^f,^^^^fJ ftering Supcrftition and Profanity through the Land. No ^*^^^ ' doubt. Dirges have likeways had as bad EfFed:s, and from the fame Reafon may be alfo underftood to be Difcharged. . "T— ■iiHii II nM<'Tr iiiniir»iM>ii TITLE VIII. Of Mifiijlerial Vifitation of Families, 5 1. TT hath been the laudable Pradice of this "Anm^l 1 Church, at leaft once a Year, ( if the Largenefs ^M«»J jf oftheParilh, or bodily inability, or other fuch like do ^^^^^''^[1^ not hinder ) for Minifters to Vifite all the Families in Chftrfh* - their Parifh, and oftner if the Bounds be fmall, and they able to perform it. Among other Reafons for thefe An- nual 1 158 1 nual Viiitations of Families, this may be one, That be* caufe by the Order prefcribed by our LORD, Matth, 18. there may be feveral Offences known to Minifters, El- ders or Neighbours, which may juftly keep back Offend- ers from partaking of the LORD's Supper, and yet it were Piforderly and Unedifying to remove thefe Offences in a pubhck wayj thefe Viiitations may ferve to Purge a Con- gregation of fuch private Scandals. TheDefi^n § 1, Although in regard of the different Circumftances offhefollomngQf^Qy^Q Parifhes, Families and Perfons, much of the Ma- Ovcrmres, ^agement of the Work muft be left to the Prudence and Difcretion of Minifters, in their Refpedive Overfights ; Yet thefe following Diredions are offered by Affembly 1708, Aprtl 27, as helps for the more Uniform and Suc- cefsful Management thereof, that it be not done in a flight .and overly Mann^, which fuppofeth the univerfal Pradice thereof through this Church, and that the total Negleders may be Cenfured therefore as fupinely Negli- gent. . Time of Vt- ^ ^. Such a time of Year is to be chofen for Minifterial '^'^^^M^^^^ as the Families which he vifits may be beft at ' * Leifure to meet with him, and if that time fhould happen .immediately after the Communion, then it is feafojiable, as It were, to^beat the Iron while it is hot. Timeous Inti- mation is to be made to them of the Vifitation : And the Elder of that Bounds of the Parilh which is to be vifited, is to accompany the Minifter, and they fhould previoufly Cenfure together concerning the Condition and State of the Perfons and Families of thofe Bounds. firl mri to § 4- When they enter a Houfe, -th^y are to Exprel^ S4nte the Fa- thtir Wiflies and Delires for the Blefling of GOD upon mly, /«^«^>f it, and that above all, their Souls may profper : Then ^^J^^"j^^^, let them ta'ke an Account of "the Names of the Family, wmi/fjSi.€, Inquire for Teftimoniab from them who are lately come to the Parifh, and Mark them in the Roll for Catechifing, and ;c 159 ] and let them take notice who can Read, and of the AgC" of Children capable to be. Catcchiz'd j Then the Mini- fter is to fpeak to them all in General, of the Neceflity and Advantage of Godhnefs, of Juftice' and Charity towards Man. ^ ' § 5. He is next more particularly to fpeak to Servants Servants of their Duty, to Serve and Fear GOD, to be Dutiful, >^«J^^^»] Faithful and Obedient Servants, and of the Promifes made ^"^ ^^^ ''''^ to fuch. Commending to them the Reading of the Scrip- tures,, and Secret Worfhip, and Love and Concord among themfelves, and in particular, a Holy Care of Sandifying the LORD'S Day. § 6. The Minifter is to fhow the Children and young children t» Servants the Advantage of Knowing, Seeking ^ix^he jpoken to. Loving GOD, and Remembring their Creator and Re- deemer in the Days of their Youth, and to mind them how they arc Dedicated to GOD in Baptifm ^ and wherf of Age, and after due Inftrudion in the Nature of the Covenant of Grace, to Excite them to Engage themfelves Perfonally to the LORD, and to Defign and prepare for the firft Opportunity they can have of partaking of the lord's Supper, to be efpecially careful how they at firft Gommunicate. 5 7. Then he is to fpeak privately to the Pleads of the ^^^j^^ «fl Family about their perfonal Duties towards GOD, and the f'""'^^'"^ -^"^ Care of their awn Souls •, and their Obligation to pro- mote Rehgion and the Worfhip of GOD in their Family, and to Reftrain and get Vice Puniihed, and Piety Encou- ■ raged, and to be careful thit they and all in their Houfe Serve the LORD, and Sanflify His Daj\ He is more particularly to Inquire ( i. ) Whether GOD be Wor- ihipped in the Family, by Prayers, Praifes, and Reading of the Scripture ? ( 2. ) Concerning the Behaviour c3 Servants towards GOD and towards Man, if they attend • Family aid publick Worship > • Hov/ they San 611 fv the - - LORD'S I 1^0 ] lord's Day ? and if they be given to Secret Prayer and Reading the Scriptures >^ ( 3. ) If there be Catechiz- ing in the Family > ilf their Children be Train'd up in Reading, according to the i!^<^ of 47^;«^^, y^w^. lo. 1648. In all which the Minifter may Intermix fuitable Diredi- ons, Encouragments and Admonitions as may be molt Edi- fying. ^ ,; General § 8. The Minifter is to Inquire who want Bibles > ■Qiiejitionstini And if they be not able to buy them, let the Poor's Box ^Vl&Ji?^' be at the Expenfes : And Recommend to the Heads of the Family to ^^t the Confeff ion of Faith, Catechifmsy and other Good Books, for Intruding in Life and Faith, ac- cording to their Ability. ( 2^^. ) Thole who are tainted with Errour or Vice are to be Admoniftied fecretly, or in the Family as may moft Edify : and all are to be Ex- horted to carry toward fuch as walk Orderly according to the Rule, Matth. 18. 15. ( :^Uo.) The Minifter is to endeavour to Remove Divilions in the Family, or with their Neighbours, and Exhort them to follow Peace with all Men as far as is pofiible. ( ^to. ) Let it be Inquired who have Communicated, that they may be called to an Account privately how they have Profited, and put in mind to pay their Vows to the LORD. Confer aifo with others about the Caufes of their not Communicating. Tio^toVi- § 9' ^^ ^°^ ^^^^^^ ^^° pretend Confcienr© for not keep- /;tjtich (u lnp\Vi% Communion with us, or whatever their Motives be, not (ommnni- jvUniftcrs ^ught to deal with GOD for them, and with m mh m. themfelves in fuch a way as may be moft proper to gain them, and Exoner their Confciences, waiting if peradven- ture GOD will prevail with him. Who can tell if their making them fenfible of their Tender Love and Affedion to their Perfons, efpecially to their Souls, giving them all due Refped, and doing ?6em all the Good they can, yet ftill Difcountenancing their Sm, may in the End be Blef- fed of GOD for their Good, Jud, v, 22,23. 2 Tim, 2, 24, 25^ ' ^^^ 5 10. Seing in the whole of this Work, there is great rifiatm k need of much Prudence, Zeal for GOD, and hove to^^ffi^f*^^J^^^h Souls .• Vifitation of Families Ihould be carryed on with Dependance on GOD, and Fervent Prayer to Him both before a Minifter fet forth to fuch a Work, and with the Vilited, as there can be Accefs to, and Opportunity jfor it. TITLE IX. Of SanBification of the LORUs Day 3 and Ohferv'ing Fajl and Thankfgivmg Days, % I. -TTHe Sabbath is to be Sandifyed by an Holy ,?^, ^^"^ 1 Refting all that Day, even from fuch World- ^f^f^Z*^, ly Imployments and Recreations, as are Law- ~ ' ful on other Days, and Spending the whole Time in the publick and private Exercifes of GOD's Worfliip, except fo much as is to be taken up in the Works of Neceflity and Mercy, as our Shorter Catechtfm beareth. Authorized by AJfembly^ Aug. 28. 1648. From which we may gather what the Church underftands by Sanflifying or Profaning of thp lord's Day, and fo will either Approve or Cen- fure. ; ff 2. By the /4<^ cfy^/^w^/y 1647, Concerning F^wi/y Bow to U] Worjlnp, Dir, 8. The Matter of the Family ought to take Smmfyd in Care, that all within his Charge repair to the Pubhck^*^'^^^^**'^*^ Worfliip, which being fini{hed,he is to fee the reft of that ^^'""^• Day fpent in the private and fecret Exercifes of Piety. Care is alfo to be taken that the Diet on that Day be fo Order- ed, that nehher Servants be unneceflarily detained from the publick Worlhip of GOD, nor any other Perfons -X f hindered C l62 ] hindered from Sandifying that Day. Private Preparation is hkewife to be made for the Sabbath, by Prayer and fuch Holy Exerciles, as may difpofe to a more Comfortable Communion with GOD ni his publick Ordinances. S^-tf the DlreBory. , Times (or § 3- When fome Great and Notable Judgments are Fdfting^ And "cither Inflided or hnminent, or by fome Extraordinary -^^^-Z^^^'^* Provocation notorioufly deferved , As alfo when foine fpecial Blefling is to be fought or obtained, when Great Duties are Called for, or when Sins are Extraordinary for their Number or Nature, then it is that a Church may Injoin Failing : Which is Obferved by a Total Abltinence, not only from all Food, ( unlefs Bodily weaknefs do manifeftly Difable from holding out till the Faft be ended, in which cafe fomewhat may be taken, yet very fparingly, to Support Nature when ready to Faint ) but alfo from all Worldly Labour, Difcourfes and Thoughts, and from all Bodily Delights tho' at other times Lawful, Rich Apparel, Ornaments and fuch like, during the Faft ; And much more from whatever is in it's Na- ture or Ufe, Scandalous or OfFenfive, as Gadifti Attire, Lafcivious Habits and Geftures, and other Vanities of ei- ther Sex : Which the Compofers of the Diredory Re- commend to all Minifters in their Places diligently and Zealouily to Reprove, as at other times, fo efpecially at a Faft. AhlTir g 4. The Sabbath before the Faft, the Caufcs thereof *MAmUls 'for are publickly Read from the Pulpit, and the Day of the ^MdPr^er. Week Intimated upon which it is to be kept. The People are then to be earneftly Exhorted to prepare themfelves for Affliding their Souls upon that Day of Extraordinary Humiliation. So Large a Portion of that Day, as conve- niently may be, is to be Spent in publick Reading and Preaching of the Word, with Singing of Pfalms^, fit to ([[uicktn Affedions futeable to fuch a Duty, but efpecially " in • C i63 ] in Prayer to this or the like EfFed. Giving Glory to the Great Majefly of GOD the Creator, Preferver and Su- preme Ruler of all the World, acknowledging his manifold great and tender Mercies, efpecially to the Church and Nation, humbly Confefling Sins of all forts, with their feveral Aggravations, juftifying GOD's Righteous Judge- ments, as being far lefs than our Sins do d^ferve, yet humbly and earneftly hnploring His Mercy and Grace for our felves, the Church and Nation, the Queen and all in Authority, and for all others for whom we are bound to Pray ( according as the prefent Exigent requireth ) with more fpecial Importunity and Enlargement than at other times : Applying by Faith the Promifes and Goodnefs of GOD for Pardon, Help, and Deliverance from the Evils felt, feared, or defervcd : and for obtaining the Bleflings which we need and exped, together with a giving up of our felves wholly, and for ever unto the LORD. § 5. Befide Solemn and General Fafts appointed by the ^^^^^^^f ;^^'» AiTemblies or their Commiflions, or by Civil Authority, ^^^f/V^/^r, upon Application from fome Church-Judicatory unto them : Provincial Synods, Prefbytcries, and Church- Seflions may appoint Faft-days to be kept within their Refpedive Hounds, as Divine Providence ftiall Adminifter unto them fpecial Occalions. Likeways Families and par- ticular Perfons may do the fame, providing their Fafts be not on thofe Days on which the Congregation is to Meet for publick Worlhip. § 6. Our Fafting Days muft be Indided for fuch Caufes Men the as are both clear and juft, and when it will be moft {ox(^htirch (hotiU Edification : For that, as other poiitive Duties, doth not tlom'^in Tp- -always Bind : Therefore the Church i$ to take heed of pointing Fajft. Appointing Fafts through Infinuations or Solicitations from States-men, left they be Branded as Tools, to fome who would Faft for Strife and Debate, that others who Differ X 2 f from C 1^4 1 from them about State-matters may be expofed to the odi^ Jim of the people, as ill Countrey-men. Cdujes of A jy j^ jhe Caufes ot the Faft enumerate in the k&, of ^^. ^/^^•^Alfembly 1690. 'November 12. were thefe and the like. thhrX. I- Perjury y Dealing treacheroufly with the LORD, and being unftedfaft in His Covenant. 2, Unfrtntfulnefs un- der the Purity of Doftrine, Worfhip and Government, ha- ving a Form of Godlinefs, but denying the Power thereof. 5. Abiife of GOVs great Goodnefs and DeliveranceyKwi- denced by a Courfe of manifeft Wickednefs, and fhameful Debauchery, fuch as Drunkennefs, Curling, Swearing, A- dultery, and Uncleannefs of all forts. 4. The Supremacy^ Which was advanced in fuch a way, and to fuch a height, as never any Chriftian Church acknowledged, and where- by the hitereft of our LORD JESUS CHRIST was in- tirely facrificed to the lawlefs Lufts and Wills of Men» 5. Abjured Prelacy was Introduced, and the Government of the Church was Overturued, without the Church*s Con- fent, and contrary to the {landing Ads of our National Af- femblies. 6. Comply ance with thatDefedion, both in Mini- fters and others, fome from a Principle of Pride and Cove- toufnefs, or.Man-pleafing, and others through Infirmity and WeaknefSjOr fear of Man and want of Courage and Zeal for GOD. 7. Perfeciition of the Godly for Non-complyance with that finfui Courfe : Many faithful Miniflers were call out, and many Infufficient and Scandalous Men thrull 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 Pbanatick, if he did not run to the ' fame Excefs of Ryot with others. 9. Atheifm^ Which dif- covered it felf in fome by their dreadful Boldnefs againft GOD, in difputing His Beeing, and Providence, the Di- vine Authority of the Scriptures, the Life to come, and Immortality of th,e Soul j lea, and fcoffed at thofe things. \odmpofing i: 1^5 ] 10. Impofing md Taking Unlaw fid Oaths and Bonds : Law- ful Oaths have been broken, and ungodly and Confcience- poUuting Oaths have been Impofed and Taken, whereby the Confciences of many through the Land are become fo debauch'd that they fcruple at no Oath, tho* many have been Opprefs'd and Ruin'd for Refufing them. ii. NegleB of the Vf^orjhip ofGOD^ both in Publick, in private Fami- lies, and in Secret. 12. Vrofanationofthe LORD'sDaj^ fucceeded in place of that wonted Care of Strid and Religi- ous Sandifying of it. 13. The fiedding of Innocent Blood, 1 4. Tride and Vanity^ yea Sodorns Sins have abounded a- mong us, Idlenefs, Fulnefs of Bread, Vanity of AppareJ, and (hameful Senfuality fill'd the Land. 1 5. As alfo. Great perverting ofJuWice^ by making and executing un- righteous Statutes. 16. Silence of Mimfiers in the time of fuch a great Defedion, as well as too general a Fainting a- mong Profcilbrs .• And as fome (hewed no Zeal in giving feafonable and ncceflary Teftimony againft the Defedions and Evils of the Time, nor keeped a due diftance from them 5 So, on the other Hand, fome managed their 2^eal with too little Difcretion and Meeknefs. 17. The abominable Idolatry of the Mafs was fet up in many places, and Popilli Schools ereded, whereby Ihameful Advances were made towards Popery. 1 8. Great Ig?iorance of the way of Salva- tion thrffiigh the Lordjefus Chrift. Though we profefs to acknowledge there can be no Pardon of Sins, no Peace and Reconcihation with God but by His Blood, yet. few know Him, or fee the Neceflity and Excellency of Him^ and few efteen), delire, or receive Him as He is offered in the Gofpel : And as few are acquainted with Faith in Him, and living by Faith on Him, fo few walk as becometh the Gofpel, and Imitate our Holy Lord in Humility, Meeknels^ Self-denyal, Heavenly Mindednefs, Zeal for God and Cha- rity towards Men. 19. Great Contempt of the Gofpel.B^r- renn^fs under it, and a deep Security under our Sin and Danger M'.' Dniger. 20. Tho' the Lord, bj^ cafting us into the Fur- nace of Afflidion, hath been giving us a fight of the Va- nity of all thhigs befide Himfelf j Yet, to this day, there is a woeful felfijhnsfs among us, every one feeking his own Things, few or none the Things of Jcfus Chrift, the pub- lick Good, or one anothers Welfare. i\. A bitter Spirit i)j Cenforioufnefs, whereby the mod part are more ready to Carp at the Sins and Defedions of others, than to Repent and Mourn for their own. Thefe and the like were the Caufes of the Faft in the Year 169c, and to them the Fafts appointed fince, do Ordinarily Referr. See alfo how the Laud exprelfed the Senfe it had of the Guilt of all Ranks in the Solemn Acknowledgment of publick Sins, and Breach- es of the Covenant ^ and a Solemn Engagment to all the Duties contained thei:ein , Namely thofe which did in a more efpecial way relate unto the Dangers of that time. Ad of the Commiflion of AlTembly OBober 6, 1648. For Renewing of the Solemn League and Covenant Ratified by AiTembiy thereafter. g 8. Albeit by the Treatife of Fading Emitted by the ^"^^^ ^^ Aftembly 2 5 December 1565. The Sundays were Appointed iJ-d'sD^. for fome Fafts, as being for the greater eafe of the people .• And fince, by the Laft Ad of AlTembly 1646. A Faft* is Appointed on the Sabbath next except one, preceeding the then following General AlTembly .• Yet feing the Work to be performed on the firft day of the Week is by Divine Inftitution already Determined, we ought to fet about it Exaaly, which we all acknowledge to be a Thankfgiving -and not a Faft. Extraordinary Duties are not to Interfere with the Ordinary, nor is one Duty to fhuftie out another. If cither Ihould be allowed, it would look fomewhat like the Reverfe of Redeeming the time, for thereby diligence is . rather diminiftied, than doubled in the Service of God. -Tfc^»^i^^t/^ g ^^ Q^yg of Thankfgiving being Intimate on the pre- ^Sjervfl ^'^ ceeding Sabbath, for fome Deliverance obtained, or Mercy received, received, are wholly to be fpent in the publick and private Exercifes of Divine Worftiip and Praifes : The people are to Rejoice with Trembling, and to beware of all Excefs in Eating or Drinking. And Demonftrations of Civil Mirth, fuch as Ringing of Bells, Fireing of Guns, Bone- fires, and Illuminating of Windows (houldnot be Intermixed with the Religious Duties of that Day : But as uponFafts, fo upon thofe Days, there Ihould be Liberal Colledions for the poor, that their Bowels may blefs us, and Rejoice the more with us. In the 6 ij. the Church was cautioned' againft appointing Falls for Strife and Debate,fo I hope they Ihall be dirded to ^ avoid injoining of thankfgiving days, from any falfe or unjuft ends. T I T L E X. Of CoUeBions and Kccom?nendations for the poor. % I. T^Ythe Adof AiTembly rr^z^^z/f/i648. Col- mm c,i^ J3 ledions for the poor in time of Divine Ser- ^^^i^ons jonhe vice (which is pradifed in fome Churche's a- ^^^ ^ "^^ ^* broad) are Difcharged, as being a very great and unfeemly Difturbance thereof. And Church Seflions are Ordiined to Appoint fome other Way for receiving thefe Colledions. The Method now ordinarly taken is this ^ The Elders or Deacons do Colled at the Church-door from the people as they enter in,or elfe from them when within the Church, immediately before pronouncing the Blefling and after Di- vine fervice is ended. S 2. Befide thefe Ordiniry Colledions for the poor, ^""^^/f^f: there are frequently Extraordinary Colledions made for ",^^ ^''^^'■ Charitable and PiousUfes, particularly bySeflion jo. Af- fembly [ i68 ] ferably 17C4. There is an Act tor a Voluntar Contributi- on by way of Subfcription in each Preibytery, for gnther- ing from Noblemen, Gentlemen, and other charitably difpofed people, for Erecting Englifh Schools, and Educat- ing Youth in the High-lands and Ifles. Recm-'^ S 3' For preventmg Unnecellary Begging, or Impofing mendaions upon Charitable people, No Church Judicatory is to give f'^ /"'".'* ^^'Recommendations for Charity to any without their own Aifimtenm, ^^^^^^^ ^nd thefe Recommendations are to be only for a Definite time. AlTembly 1695. Seffl 17. T I T L E XI. • OfProvifwn for Schools and Univerftties, BmS^l- 5 I. i^Y K. Wil/. Par. Seff. 6. Cap. 26.lt is Appoin- ^School-mahn -ti ted that there be a School-mafter and School •lire eftMJh- ' in every Parifli, His Fee not under One sd, ^ Hundreth Merks,nor above Two to be payed by the Here- tors and Life- Renters of the Parifh, who are to have Re- lief ^or the half of it, off their Tennents, And that Letters, of Horning be therefore Direded at the Inftanceofthe School-Mafler, Conform to the Proportions Due by the Heretors, laid on by the Major part of them, ( I fuppofe, Conveened by publick Intimation from the Minifterin the Pulpit, by Order or Advice of the Seflion ) or fuling of whom by any Five Commiflioners of ^Supply, within the Shire upon the Prefbyteries Application to them : and the Heretors for the Sallary are to be Stinted Conform to their Valued Rent. Item, Provifion for Schools and Scliool- Mafters are declared to be a Pious Ufe, to which Patrons jnay Imploy vacant Stipends, at the fight of the Sheriff of the I 1^9 1 the Bounds. Excepting from this Ad the Stipends vacant in the Synod of Argyle., becaufe of the AEl^ Far, W. and M. Siff. 2. Cap. 24. in their Favours. And by the loth ziB, Affembly 1699, It is Recommended to the feveral Prefbyteries, to ufe their Endeavours, that Schools be Ereded in every Parifh conform to the Ads of Parha- ment, and Ads of Ailembly, and it is Recomended to Sy- nods to fee this Obferved. J 2. By the forefaid 26. AB^ and hkeways by the 14. School Rez AB of the fame SeJJion of Parliament, the Privileges '^^^»« ^^^'W- granted to Minifters for their Stipends, vi^. That there be '^^^'^* no Sufpenfion,^ except on Confignation, are Extended to Univerfities, Schools and Hofpitals, for the Ingathering of their Rents and Debts. See more of this on the Title of Mortifications and Minijlers Stipends, 5 3. When the Diredory was Eftabliflied, by which The Mal^^ publick Reading of the Scriptures was committed to the ^^/^^ ^^^ Preachers : and fearing left the Maintenance on th^tfier7a^%e^ pretence might be withdrawn from the Readers. Thtcemors to coil AJfejnhlji did Aug. 6. 1649, Require the Prefbyteries, to^^^^^y^ko the^ fee, that none of the Maintenance given to fuch Readers,^ * Precentors and School-Mafters be taken from them, not- withftanding that Recommended Alteration in the Di- redory. g 4. A Tack or Leafe of Teinds fet by an Univerfity -^^^ /f for a definite time, with an Obligement to Renew the ^"^^r^r\ fame in all Time thereafter, was found not Effedual a.her'^thdr ^^ ' the definite Time was expired j though the fame Rent^'^^^'^^ was Received for fome Years after, that was not faftain*d as an Homologation, but a-s a tacite Relocation. Vid. Stair's Insiit. pag. 301. So that after the definite Time is expir- ed, they might. Increafe the Tack-Duty. § ^. So Careful have owr Sovereigns and Parliaments ^■^^'^''^f^f^ been.for.theFlouriftiingof thefe Seminaries of Church ^^^,^£^^ and' State, that for their Proviiiun and Bettering of their Sckwls, 1 f Stocks, C 170 1 Stocks, they have fometimes upon the Offer made by the Clergy, Ordained Fourty Pounds, or Six per Cent, out of' every Thoufand Merks of Minifters Rents, to be payed Yearly for Five Years, Car, 2, Par. i. Seff, 3. Cap, 24* and at other times Vacant Stipends are Afligned for their better Provifion for a time, Car. 2. Par. 2. SeJJ] 3, Cap, 20. Ja. 7. Par. i. Cap. 18. They have likeways Impof- ed a Cefs upon the Kingdom for Preferving of fome Uni- verfities, Car. 2. Par. 3. Cap. 23. Now the Univerfities by Gift under the Great Seal, do ftiare Liberally of the Bilhops Rents, and fome of them have Lucrative and eafy Tacks of Certain Bilhopricks, and Large Allowances too, even out of thefe Tack-Duties fometimes, for Sallaries to Kew Profeilions. T I T L E XII. Of the hnnmnitle and Union of Churches, Local fri' J I. T3Y the Canon Law, there are certain Immunities ^-Meges within Jj qj Privileges granted within Church-Walls and M^rMs Church-Yards, called Local, fo as that feciilar vehat, and /lo^Judges within that Bounds can cognofce upon no Civil or /^r ^^i^Wf & Stipends m^Y be made One, when the Maintenance is fo Inconfider- #Er to he Vnit- ^}q\q^ ^\-^^^ 'p^Q Paftors can have no Comfortable Living *'- upon them, or when One of them is become "Oefolate by the Sword of an Enemy, or the Number of Parifhioners 5mall or very much Diminifhed. In which Cafe it would be for the Greater Good of the Church, if Two fuch fmall Charges were Reduced into One, providing the Benefice of the fmall Charge, now United, be not Con- demn'd to any Secular or other Ufe, but only Applyed to Maintafti a Paftor in a new Eredion, or elfe a Collegue in fome Numerous Congregation : for two Competent Stipends are net to be United, till there be no need for any New Eredion or Augmentation in the Church. WhenPrcJ' § 4- If the Heretors and Elders of Two Church Seffi- lyteries fK^y ous fhall agree to the Uniting of fome Parts or Skirts of JuthorUe q^q Qf x\\t Parifhes to another, or to Tranfplant the ^^^^^rT^an'i- Church from one part of the fame Parifh to another ZantAtionof part therein, for the Peoples greater Eafe and Conveni- ihnrchts, ence. In that Cafe, the Prefbytery upon Application of the Parties Concerned, may, for any of thefe Ends, Inter- pofe their Authority to their Agreement, providing they find it may tend to the greater Eafe and Edification of the People : And providing there be {till two diftind Parifhes, and the Quantity atid Quality of both 5tipends preferved Un-diminiflied and Unaltered. What I here propofe, is coniorm to the 5th Art. Cap, y of the French Church Difcipline, in thefe Words, * The Colloquies and Synods * {hail Deliberate of Limiting the Extent of Places where- * in each Minifter Ihall Exercife his Miniftry. TITLE Xlll C 173 ] T I T L E XIII. Of Churches J Chunh-Dikes^ Manfes^ Tards, Glebes^ BffUs, Utenfils^ Ornaments^ Books, and Higb-Roads to Churches, 5 I. •^Hurches qre Publick Houfes Ereded for Publick ^^^^^^ J^^ \^ Divine Worfhip, and for hearing the Preaching ^^ ^^^^"^^ l^ of the Word of GOD ^ They are to be Repaired Rerpaired, out of the Vacant Stipend : For that 18 JB, Jam, 7, "Bar, I. is never yet in fo fir Refcinded. And when the Vacant Stipends fail, the Burden of Building and Repair- ing the Church doth ly upon the Heretors, whether Re- fiding in the Parilh or not. The Majority of thefe that . meet, muft Stint the mfe Ives for that EflFed, according to their Rents. But if the Heretors Refufe, being Required thereto by the Minifter from the Kirk-Seflion \ The Lords of Seflion upon a Bill given in by the Minifter will grant Warrant to him and his Seflion to Conveen at a cecr tain Day, for trying what Sum will Repair the Church, and to Stent the Heretors in that Sum conform to their valued Rents, and to appoint a CoUedor to Uplift the fame. But before the making up of that 5tent-RolI, the Heretors ought again to be publicklyAdvertifed to meet, and then to make the fame.If after this Order is ufed,they Faii,the Seflion then concludes the Stent,and Letters will be Dired at their Colledors Inftance againft the Heretors for paying the proportions they are Stented in. Stair's hifltt. page 192, and AB uh. Par. 3. Ja?fi. 6. § 2. Church- Yards are Dormitories for Humane Bodies, Chunh- and ordmarly that Spot of Ground within which the '^'^.fl'j^^lfj Church ftands. Our Law allows to Church-Yards equal . • Privileges ~ L 174 J ; ; iPrivileges with Churches in many things •, particularly^ that the raifmg of Tumults or Frayes in time of Divine Service in Churches, or Church-Ya'rds, is Puniftied with Lofs of Moveables, AB 27. Par. 11. Jam, 6. The Church-Yard is Fenced with Dikes, partly for Ornament, and partly as a Prefervntive to the Dead Bodies from being Digg'd up or Violented by Beads. The only Right that Minifters have to the Grafs growing in the Church- Yards, is, that they may caufe their Servants Cut it, and hinder others from doing fo : The Heretors are Obhged to Re- pair the Church-Yard-Dikes with Stone and Morter, two Ells high, with fufficient Stiles and Entries. And the Lords of Seflion are Obliged to Dired Letters of Horning againft them for that Efted, Cap, 232. Par. 15. fac. 6. Who 'ire §5. The Minifter at the fight of the Prefbytery, or lUhle ro 5«/Wfuch of their Number as they fhall Appoint, with two or mnhT three Difcreet Men of the Parifh, may Build or Repair '~" * his own Manfe upon the Expenfes of the Heretors and Life-Renters, who are Refpedivcly liable to Re-imburfe him, of what he Truely and Profitably hath beftowed that way, unlefs they offered to Contribute their own Materials, and he Refufed them ; See Mackenzie's Ob- fesvations on the 48 AB^ Par. 3. Jac. 6. Where there is a Competent Manfe already, the Heretots mufl Repair it once fufficiently at the Minifters Entry, who is thereafter to Uphold the fame during his Incumbency, and they out of the Vacant Stipend, in time of the Vacancy. AB 21. Par. I. Sejf. 3. Car. 2. As the Minifter 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 He- , retors ought to move the Prefbytery to pafs an AEi in their Favours, to Declare it a Free Manfe , But before they can pafs any fuch Ad, a Committee of their Number muft Vifite it, after it is Built or Repaired, and find upon the Depofitions of Four Difcreet Work-men who C '75 3 who unclerftand that Work, but have not been imnloyed therein, two whereof to be chofen by the Heretors and other two by the Minifler,that the Building or Reparation is fufficiently finiflied. And if there be any Materials left or Money remaining not expended, after that is declared', the Superplus belongs to the Heretors. If the Minifter be- not able or willing to advance that Money which has been ' declared to be Neceffary for Materials and Workman-fhip, - ' or if Heretors refufe to meet and Stent themfelves for that efFed, then what ihould hinder the Minifler to take the fame Courfe, and obtain the fame Redrefs that is granted againft Refufers to Build or Repair Churches,as in g" i . & 2 Manfeand lard. Ihe Manfe is not to Exceed 1000 Expenje ^nd pounds nor to be under 500 Merks of Value. Miniflers ^"""^^^ f°^ hold their Manfes dc Glebes of none but the King. Glebes ^Trn''"^" are to Confift of Four Acres of Arable Ground, failing of which Sixteen Soumes Grafs of the belt and mofl Com- modious pafturage of any Kirk-Lands within the Pariih. Jac, 6. Tar. 18. Cap.-j. And by the 21 A8 Par. i. Seff.^], Car, 2. Minifters ( excepting Minifters of Burghs Royal * where there is no Land-ward Parifh, and v/ho have no right to Glebes) are to have Grafe for One Horfe and two Kine,or elfe that the Heretors pay to the Minifler Twenty pounds Yearly. ^ g 5. Manfes and Glebes where they have no^ been Defign d, BcfgnMM or not the full Quantity, are now DefignedbythePresby-<'/'^^''^'^^/''r tery, or their Committee with two or three difcreetMenof ^/i-^'' "^'^ ^ the Pariih. The Minifler or a Procurator in his name,re- '^'^ '^ ceives Infeoftment therein from the Moderator, upon which h« takes Inftruments in the hands of a Notar, or of the Clerk of the Prefbytery. And upon a Petition given in by the Minifler to the Lords of Seffion,with the Ad of Defigna- tion and Inflrument,they will Interpofe their Authority for Remgvins the Heretors and Pgiiellbrs of the Lands D^fign- [ 176 1 ed in the terms of the 48 Ad Par, 3. Jac. $, by granting Letters of Horning to Charge them to Remove within Ten days. And Glebes are defigned with freedom of Fogga^^e, Fewel, Feal, Divat, Loaning, free Ifh and Entry, and other Privileges according to ufe and wont. Jac, 6, Par, 13. Cap. 161, HorvtheHe- S ^- The Proprietors of the Lands defigned mufl get retor of theKclidpro rata, off the reft of the Heretors of Kirk-Lands Lands deftgn- y^\t\iin the Pari{h,if the defignation was out of Kirk-Lands edebtmiRe-^^^^ they not being^the Glebes and Manfes of old pertain- -^^' ing to Par fans ox Vicars : for there is no Relief Compjetent to the Feuers or Tackfmen of fuch Lands, except only a- gainft fuch as have Feus of other parts of the faid old Glebe or Manfe AB 199. Par. 18. Jac. 6. When the de- (ignation is out of Temporal Lands,the reft of the Heretors of the like Lands are to Contribute Proportionally for Re- lief thereof. Sedts com- § 7. It would look more Impartial like, and refemble Mona»dpar-iY)oxe that Humility, Love, and Simplicity recommended to ':t^a% Chnftf n^bv the Apoftle ( Ja^ .. ,. ). and would look ^ofvhHrdffted, hker the Subjects or Cnrilt s Kingdom which is not of this world, if Church Members would take their Seats in the Church without refped to their Civil Charader, as they do at the Lords Table, ^ome Seats are Built and Repaired at the general Charge of the Pariili in which all have a Common Intereft ^ And there are others which particular Heretors have built for their own ufe with Confent of the Kirk-Seffion, or which they have prefcribed a Right unto by fourty Years PolTefSon. Infeveral Burghs Royal with- in this Kingdom, the Difpofal of all the Church Seats, at leaft upon the Bounds at firft allotted to them for their in- habitants by the Kirk-Seflion, is thereafter Order'd and parcel'd out by the Town-Council, and Burden'd with cer- tain yearly Sums for a Minifters Stipend, and where the Scats are Difpofed upon to Burgeffes without that Burden, and anS it be found that without it there cannot be a Compe- tent Stipend to the Minifters. The Difpofitions and Rights fo made, may, no doubt, be Reduced on that Head ^ for it was never the Intention of the Church Seflion, who gave thefe Rights, to Authorize an Abfolute AUenation of Seats to the obftrudling and preventing Funds, for Main- taining the pubUck preaching of Gods Word. § 8. The Keyes of Seats are to be kept by Beddals,that Beddah when the proprietors are abfent, fuch as want Seats, oiP^ouUkeepthe throng the Seats of others, may be Accommodated ^or the ^^V^f^^^ time 5 But in Cafe the Owners be fo little Concerned with ' ^^ Religion as not to Countenance the publick Wordiip of God, or Averfs to ferve fuch as Attend upon it with thek empty Seats, the People that want Accommodation cannot .•; -^ -: be blamed to polfefs and occupy that void in their abfence. And if the Owners, or others by their Order fhalioflFer to difpoffefs them Violently, efpecially in time of Divine Ser- vice, they (hould be profecuted as Difturbers of publick VVorihip, botb before the 'Civil Magiflrate and Church Judicatories. § 9. The Heretors are bound to pay for, and are Sta- who are the ted in the property of the Bells, Books, Utenfils, and Or- Proprietors (^ naments of the Church .• But the Minifter and Kirk-Seflion, ^J^^^ ^^^h to whofe Cuftody they are Committad, may purfue for any of them that are Abftraded. A Charge for a Stent hnpof- ed for buying of Bells to a' Church within a Burgh Royal hath been fultained againft the Land-ward Heretors, albeit the BurgelTes and Indwellers would have more Advantage by them, vide The new Treatife, On Church Lands, Pag^ 212. g 10. Every one muft have fonie way to the Church, Kirk-Ro^dso but cannot pretend to any fpecial way, as the ncareft, through another man's Land, without proving Immemorial Poffeflion, which is reckoned Fourty Years, of fuch a Gate or Pailagc. And to make up this Immemorial Polleflion, a Z f perfon perfon will be Allowed to Conjoin his predeceflTors Pofleffi- on (xf that Road with his own. Vide the forcited Bool^ md. TITLE XIV. Of TitheSy Stipends, and Mortifications, , - . §1. TPHE Maintenance belonging to Minifters for Wut « ■ j;j^gjj. Labours we call Stipends, but more meant by Sn- -M. 11^1.^^x1 ftnd, Bene' cominonlj and by the Lanon Law they are ficcj 4nd the named Benefices. Calvin, in his Lexicon Jtmdicum tells Chttrches ^^- ^g^ that the Rewards and Privileges given and granted of firmnj, ^j^ ^^ Souldiers for their Service, were called Bejiefices and Stipends.^ The Canonifts define a Stipend or Bene- fice tlius, EB jus perpetuum percipiendi fruBiis ex bonis BcclefiaJiicis, propter laliqiwd ojjiciuin fpiritnaJe, auBoritate BcclefiAi Gonsiitittimi, Whatever belongs to jChurch-men is likeways called the Patrimony of the Church, the word sfignifying an Inheritance left by a Father j Becaufe when Legiflators or private perfons do Authorize or Deftinate futeable Encouragement for the Comfortable Life of Church-Guides and Paftors, they do, in fo far, ad the part of Nurfing Fathers unto the Church, in the 9 Chap, ofthePoHcy of the Kirk, they Comprehend under the Churches Patrimony, all things given, or to be given to the Kirk, and Service of God, as Lands, Buildings, Pof- fefljons, Annualrents, and all fuch Hke wherewith the Kirk is Doted, either by Donations, Mortifications, or any other Lawfull Titles, together with the continual Oblations of the Faithful , As alfo Teinds, Manfes, Glebes and fuch like, which by Common and Municipal Laws, and Univerfal Cuftoms are poflefied by the Kirk.. [ 179 1 Kirk. And to take any of this Patrimony and convert it to the particular and private Ufe of any Perfon, is reputed R deteftable Sacriledge before God> by our Church. § 2. The Work of the Miniftery IS a Warfare, and it is j^^i; sti- not ordinary for Souldiers to maintain themfelves v^ithoMt pends are due^ Pay, I Cor. 9. 7. and the Light of Nature teacheth that ^''''i"''*"««'^^ the Labourer is worthy of his Hire. By the 42 Article of " --^^^-^ - Cap. I. French Church Difcipline, It is found, that Mini- fters who are Rich, and have of their own, fliould never- thelefs take Wages of their Flocks, left their Example do prejudice to other Paftors and Churches. And M''ke7i-;iiff and Stairs in their Insiitutions do maintain that feme part ot our Goods is due, by Divine Right, towards the Main- tenance of the Clergy ,hut that the Proportion may be de- termined by Humane Laws, according to Circumftmces. By the 19 Ad of Parliametit 1633. all Minifters are ap- pointed to be provided with fufficient Stipends, being eight Chalders of Vidual, or eight hundred Merks at leaft, be- iide Manfe and Glebe, except in Angular Cafes referr*d to the Commiflion for Plantation of Kirks. In fome Places of Scotland^ Minifters may maintain their Families for lefs than the half, which muft be allowed to maintain the fame Families in other Parts of the Kingdom. Semg Minifters do deny themfelves to the Gain of Civil Imployments, whereby they might have a more unlimited Profped, not only of maintaining their Families, but of purchafing Stocks for their Pofterity,therefore the Diach Cuftom i^ not Un- reafonabie, which alloweth to Minifters fo much for every Son, in Order to his better Education and Breeding. S' 5. The Canon Law defines Tithes thus. Eft quota 'j^^^-' ^^.' bo7iorum mobil'mnij Ucite qii^fitorum^ pro facer dotibiis D^i^J^^^^^'^*^^ ^*^ - ^Ipfnts locum in terris tencfutihits^ tarn Oivina quain bmnana con'Mitutione debita. Minifters Stipends and Augmentati- ons thereof are Legal Burdens, and the main one to which Teinds are Iv^ble, againft which no Title or Right what- , Z 2 § foevet C i8o J foever can fecure. And the Truth is, till once the Parifli . Minifter is fufficiently provided, no Perfon can fafely buy his own Teinds .• For they are alwayes fubjed to be E- vided for that end, by the Common Law and our Cuftom, even after the Heretor has bought them, vide that new Treatifeon Tithes, pag. 34c, By W, and M. Farl. SeJ]\ 4. Cap.2J^. It is appointed that Tiends belonging to Their Sme Tithes Majelties by the Abohfhing of Prelacy, fo long as they re- 's4nnot hejold main Undifpoued : As likewife Tiends belonging to Col- im only va- \^^^^ ^^^ Hofpitals, or Deftinate to Pious Ufes, are not to ' be Sold, but may only be Valued, and made lyable there- after for payment of the valued Duties. TUntAtion § 4. Former Parliaments Referr'd to their Commiflions 9j Kirks Re- ^j^^ Plantation of Kirks and Valuation of Teinds .• But ■ j'^dsojScj- now, the laft Seffion of the lafl Parliament, have in place ^ff, of all further Commiflions for fuch Matters, Impowered and Appointed the Lords of Seflion to Judge in all Aifairs and Caufes, which by former Laws did pertain to the Cog- nizance and Jurifdidion of Commiflions of Parliament : Only they are Reflrided from Tranfporting of a Kirk with- out Confent of moil of the Heretors of the Parifti. Every Wednefday Afternoon in time of Seflion, the Lords meet to ' call and difcufs fuch Church Caufes. ^ Urn long g 5. By the4t/? Ad ?arl. ii,Jac, 6th. Bifhops aredif- iharch-Men (^j^^rged r to fet in Tack longer than nineteen Years, and J?th. Inferiour Beneficed Perfons for longer Space than their own Lifetime, and five Years thereafter (except the Commifli- on Authorize it) under the pain of Deprivation , And fur- ther, the Contraveeners declared Infamous and Incapable of any Church Oflice. Longer Tacks were ordained to be " ■ Regiftrate within -fourty Days, in a particular Book to be kept by the Clerk-Regifter for that Effed, otherwife to be null. And where it is laid, that the Inferiour Clergy can fet Tacks to run five Years after their Deceafe, that is al- ways to be underftood with Confent of the Patron, obtained .either [ i8i ] either before or after the' Setting of the Tacl^s : For with- out that they can fet but Three Years Tacks, ^f? 1 5. Par, 23. Jac. 6. And that the Ecclefiaftical Rents may fuffice to their Ufes, all Alienations, fetting of Feus, or Tacks of the Rents of the Kirk, as well Lands as Teinds, in Hurt and Diminution of the Old Rentals, ought to be Reduced and Annull'd. And likewife that in all times coming, the Teinds be fet to none but to the Labourers of the Ground, or elfe not fet at all Vide Cap, 1 2, of the Policy of the Kirk, fuh fin. § 6. The Legal Terms of Paying or Vaiking of Bene- ."^^^ Term iices and Stipends, are, Whhfundayj at which time the ^^ ^^Ihi Fruits are held to be fully Sown, and Mkhaehnafs^ when of Stipends, they are prefumed to be fully feparated : If the Incum- bents Entry be after Micbaelmafs, and before Whitfund^y^ he hath that whole Year, if after Whitfunday the half of that Year : Or if he Die, be Depofed, or Tranfported before JVljitfunday he hath no part of that Year, if after Whitfunday and before Michaelmafs^ he hath" the Half of that Year. 5 7. Albeit a Benefice Vaik when a Minifler is De- Benefices pofed, yet till the fame be Intimate, the Pariihioners ^^^-O' /^;^i/fr/7- pay their Stipends in to him,and his Difcharges will Defend SemenLV ^ them. But after Intimation is made, no Payment will be fullained. Vid. Smi's Lisl. pag, 151. § 8. The A?mat due to the Executors of Deceaft Mi- Aimat; nifters, is Declared to be Half a Years Rent, over what is ^^f '^ ^' due to the Defund for his Incumbency, to wit, if he fur- ^{'^{Jl ^ '^^ vive Whitfunday^ the Half of that Year is due for his In- cumbency, and the other Half for the v^«« : And if he furvive Mkhaelmafs^ the whole Year is due for his In- cumbency, and the Half of the next Year for the Anu^ And the Executors need not to Confirm it, Far. 2. Sejf, 5. Cap. 13. Car. 2. neither can it be Difponed to Strang- ers by the Defund, nor Affeded by his Creditors, for it did did never belor.g unto him, it being only a Gratuit}'' which the Law Induigetli, upon the Account th^t Minifters are fuppofed not to die Rich. The An?iat Divides betwixt the ' Relid and the neareit of Kin, if there be no Children, and is Extended to the Profite of the Glebe, if there be no new Intrant : But where there is an Intrant, the Glebe belongs to him, and is no part of the A?jn, nor did belong to the former Minifter, unlefs it was fown by him, and the Crop upon it at the Entry of the Intrant, Ftd, Stair's Ifiji, pag. 306. The Trivi' §' 9. General Letters of Horning ( fo called, becaufe leges of Pro- ^hey do not ExT^rtk]Slo?ni7iatim the Perfonstobe Charged) ptd/''^~' are Allowed upon Decreets of Locality. AB 13. S^f. 2, — ' Far, W, and M, And thefe Letters are Effedual, not only againlt the Perfons Decerned in the Decreets, but alfo againft their Heirs and lingular Succeifors poifefling the Lands Affedted with the Locality. But Summar Hor- ning was not fuftained at the Inflancc of a Minifter's Ex- ecutor for his Stipend. Minifters Poinding for their Sti- pends need not to carry the Goods to the Market-Crofs of the Head-Burgh of the proper Jurifdidion, but may Comprize them on the Ground where they are, by Honeft fworn Men. AB 21. Se(f.^. Par.i.Car.2. No Sufpenlions of fpecial Decreets for Minifters Stipends can pafs. Except upon produdion of Difcharges, or upon Confignation of the 5ums Charged for , and if Vidual be the 5ubjed of «» .the Charge, One Hundred Merks muft be Configned for each Chalder, and proportionally where lefs than a Chal- der is Charged, without Prejudice to the Lords of 5eflion to Modify more or lefs at the Difcufling, ^<5^ ^.Sejf, i. Par, 2. Car. 2. Adions for Minifters Stipends Commenced in Inferiour Courts cannot be Advocated. Sufpenfions of and Adions for them before the Seflion are Difculled Sum- marily, without abiding tlie Courfe of theRoll, And 5ufpen- ders, aeainft whom Letters are found Orderly Proceeded, Ihould [ 1^3 ] fhould be Decerned in a Fifth part more at leaft, than the 5ums Charged for to pay the Minifters Expences and Dammage, AB 27. Seff, 5. of K. W. Par, § JO. Albeit the Power of prefenting Minifters by Pa- Mo Dip trons to Vacant Churches be Difchargcd, yet that is butM^ ^'* ^*' prejudice io them of their Right to Imploy the Vacant 'stLnds^mi Stipends on Pious Ufes within the Refpedive Pari (lies, /or X/lt/m. except where the Patron is Popilh, in which Cafe he is to Imploy the fame on Pious Ufes, by the Advice, and at Appointment of the Prelhytery , And in cafe the Patron (hall Fail in Applying the Vacant Stipends for the Ufes for^faid, that he ihall lofe his Right of Adminiftration of the Vacant Stipend for that and the next Vacancy, and the fame fliall be Difpofed upon by the Preibytery to the Ufes forefaid. Excepting always the Vacant Stipends within the Bounds of the Synod of Argyle, which Synod is Impowered to Difpofe thereof for Training up of Youth at Schools and Colleges, and for other Pious Ufes with Confent of the Heretors, W. aijd M. Far, Seff, 2. ABs 23. 24. § 1 1. Minifters Stipends prefcribe,^z/^/?i mo dim proband}^ Stipends; if not purfued within Five Years after the fame are du€ : quoad mo- fo that after that time they cannot be provenjo be refting '^^^^Jhnfe'' unpayed. Except by the Defenders their Oaths, or by ^infivcTelrL fpecial Writ under their Hands x^cknowledging what is Refting. g 12. A Minifter having Charged for the payment of Timhy^^orie the Bolls contained in his Decreet of Locality, the Debi-^^'^^'^^ ^^^^^ tor was Ordained by the Lor t^ Linlithgow's Meafure :^ Unlefs the Minifter hath 'been Thirteen Years ihPoffeflion of Uphfting according to another Meafure, or the Modifyed Stipend would fail- fhort of the Qyantity in the Ad of ParUament by Lin- lithgow Meafure : For in that cafe the Minifter ought to be payed conform to the Meafure of the Shire within which the Pariih lyes, Vide that Treatife on Church-Lands^ page 428. Ecdefmfticd § 1 4. An Ecclefiaftical Peniion is a certain Portion of Pcnfions^hAf, Yearly Rent payable for a Time out of another*s Benefice. Ecclefiallical Penfions feem to have been Introduced at firfl, as a mean of Subfiftence to Incumbents, who through Sicknefs or Infirmity of Old Age were turned Unable to Ofhciate : For fuch were allowed to Refign their Bene- fices, referving to themfelves Penfions out of them, as they might J^ive upon futeably to their former Charader. >< As Church-men turned afterwards more Degenerate, and Benefices became Merchandize, Refignations and Penfions upon Trivial Reafons were fuftained, Vide Book forefaid, Tage 160. PhraUty of J 1 5- The Pafloral Charge, or the Office of Profelfor Benefices nop: of Theology in Schools, is of that Weight and Confe- ^L^lcmltme^^^^'^^^' that to Difcharge any one of them fatisfyingly. Church and will be Exercife enough to any Hcneft Man, however ^tj> fufhcient, all the Days of his Life. By the Canons of the Synod of London^ OBober 25. 15^7. hi Bp. Sparroiv^s CoUedions, The Extraordinary Parts and Merits of fome is pretended for a Ground to difpenfe with a Plurality, This were Relevant to be pradifed for fome time in Ec^ clefijt [185 3 defia conflHuenda^ where gifted Men are Rare : But to continue that Cuftom in Ecclefia conBituta, where Gifts ' do abound, it were to negled both the Maintenance, and likewife the Gifts of God that He hath bellowed on fome, and to Over-value the Gifts He hath given to others, and hinder them from difcharging of the Duties belonging to one Office eminently. There were in Chrift's Time abun- dance of idle Pharifees, Scribes and Priefls, that fpent their time in teaching the People their Rites, Ceremonies and Traditions .* But there were always but a few Labourers in God's Harveil , HtncQCbtyfoBome thought that but few Minifters will be faved. What Man or Angel is fufhcient for the Minifterial Work ! But their Sufficiency is of God. § 1 6. By the 22 J Ad Alfembly 1700. Presbyteries are MortificatU to take notice, how Sums of Money m.ortified, or other- ons under the therwife belonging to the Poor of the Pariili have been ^^"^^^^^'^^ managed and applyed from time to time, and if they fhall ^-^^^ ^ ^ find Dilapidations of any fuch Sums, that thofe guilty there- of be purfued according to Law, and the Synods are to fee to the Prefbyteries Diligence herein. § 17. hy Caf?. 6. Par, i. Car, i. Gifts, Legacies, or TmsVonA^ Donations for Pious Ufes, mufi: not be Inverted from the ^'^ons mufi it fpecifick Ufe deftinate by the Difponer, and the "^ ^^^'^^"^^""^l^.trntu Intruded are made countable for the fame, and ordinary i^ j^" p^/. Profits thereof to the Kirks, Colleges, and others to whom ^meu they are difponed, and this is Extended to all fuch Difpo- (itions as have been made lince the Majority of K. James the Gth^ and that Letters be thereon Dired. S iB. That forecited Book On Church Lands, pag, 107. ^j^l^f^""'^, tells us, That Charles the Great difcharged Eccleliafticks ^0 V'f mprtvi to accept of Mortifications whereby Children would in ef- in py.jfdkcof fed be Dif-inheritedl So good Augiisiine refufed Univer- -^'""^ ^'^^''^^■ fal Legacies in favours of his Church, when the Teiiitor*"^ left Children or Parents who might be prejudged and fuf- t A a fer C i?^ J fer thereby. Nor was this Generodty of his Singular, for a certain Man having no Children, nor Hopes of any, ha- ving gifted his Eft ate to the Church of Carthage^ only with the Refervation of his own Liferent, Aiirelhts the Bilhop Reponed him to his former Right, upon the unexpeded Birth of a Son. TkeReSiify' § 1 9. By the 2<^th A61 Farl 11. Jac. 6th, PopiftiBene- Ug of Popifh £^gg ^j.g annexed to the Crown or converted into Civil rtSt/"'Ufes. ^ Confider that thefe Mortifications were fraudulent- Ifit not their ly elicited from Perfons impofed upon by Ways and Means Mj^pplicati- Q^ prieft-craft ', And that they had been Originally Defti- T'eI'o^ ^^'^^ ^^ maintain an Idolatrous and Superftitious Worfhip. Now, it being the publick Intereft that none make a wrong, far lefs a iinful Ufe of their Property : It is Incumbent on the Orthodox Magiflrate, to Convert what was Mor- tified and fraudulently Obtained for Maintenance of Ido- latry, to the Maintenance, of the true Worfhip of God .* And in cafe there fhall happen any Excrefcence, over and above what may fupport the fame, and the Miniflers there- of Comfortably, then may not that be applyed for fonie honeft and ncceifary Ufe in the Repubhck, until the Af- fairs of the Church require the fame again .«? This is con- firmed ly the Policy of the Kirk, Cap. 12. Art. 14. Vi/iton of J* 20. The Vifitors of Hofpitals are to be appointed by JJoJpitAls and ^l^Q Sovereigns, Ad: loi. Farl. 7. Jac. 5. and accordingly Mortificmonj , j^ ^, ^, A- ^^ ^ ^ ^^^^^^ |g ^ Recommendation to ly the Sove-Yiis Majefty to caufe Vint Hoipitals, and Inquire after reign. Mortifications. This is renewed S^ 9. O/?. 21. It would feem by the 27 AB Pari i.]ac. i.That Adions for bring- ing Patrons and others to count for their Intromiflions with the Rents of Hofpitals, may be Intented at the Chancellor's Inftance, efpecialiy in cafe no Royal Vifitation be appointed. 'A foftrfeU §'21. In the c)tb and mtb Chapters of the Heads of Po- Vifirihution \^^y ^f ^|-^g Kirk, they allow of a fourfold Diftribution of nfthe Pf'^Al-it Churches Patrimony ; One Portion thereof to be af- Kirk. - Signed. C i87 ] _ figncd to the Paflor for liis Intcrtainment ancl Hofpitality : Another to the Deacons, Eiders, and other Officers of the Kirk and Kirk Servants, fuch as Clerks of AlTembhes, Ta- kers up of Ffahiis,' Beddals, and Kepeers of the Kirk, joyn- ing with them alfo the Dodors, and Schools, to help their old Rents where Need requires. The third Portion to be btftowed on the poor Members of the Faithful, and on Hofpitals. The fourth for Reparation of Kirks, and other extraordinary Charges as are profitable for the Kirk, and alfo for the Common-wealth if Need require. g 2 2. In the i2r/j C/:?^/7. of that Book of Difcipline, the Patrimnyof Colledion and Diftribution of ail Ecclefiaftical Goods or theChunhcoU Patrimony, properly belongs to the Office of the Deacons, ^^'^'^^^^,^J|.'*" (fee the Title of Deacons^ that the Poor may be anfwered They^"are' ''ti of their Portion thereof, and they of the IMiniftery \ivtfin. The denying of the Dodrine of Di- vine Prefcience. j.The alTerting of the finful Corruption of Chfift's humane Nature, and Rebellion in Chrift's Natural Will to the Will cf Gcd. And 8. The afferting a State of Perftdion in this Life5and a State of Purification in the Life to come, that Generation takes place in Heaven, that there are no true Chriftians in the World. TITLE ^i C ^99 1 TITLE III, Of Schifm and Prelacy, a?iJ of the LawT and ABs for preventing Innovations and Erronrs. 5 I. A Ccording to the Canon Law, Sch'ifmatuus esi Schijm^lml £\ qui ah Unit ate Ecclefi^z fe feparat, Schifm is to the Church what a Cutt is to the Natural Body, it may be where no Herefy in Dodrine is , It is a breaking of that Church Union and Conjmunion which ought to be among her Members. 5' 2. Schifm in Church Government is either about Schifm ahofa the Government it felf, or about the Perfons in whom it Church Co- is lodsied, which Difference mav occaiion the Ereclinor q{'^<^^'<^^'^^' Altare contra Altare. Schifm may be in Worfhip, when both the fame Dodrine and Government is acknowledged, but Communion is not kept in the Lord's Supper, accor- ding to Chrift's Appointment : This feems in part to have been the Schifm among the Corinthians, occafioned per- haps through the Corruption of fome Members with wiiom others have fcrupled to Communicate. g 3. The Underftanding having fuch Influence upon the h'/,<.« Schijm Will and Affeclions,and Union having fo much Inierefl in is to he pro- both, the fame will be more eaiily attained by perfwafive"^'^^^'^^'^'^'^' Reafonings than Authoritative Injundions. Though the Authority of a Church may be Inter pofed to condemn He- retical and Scandalous 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 dechne each others Authority : Indeed where Schifm is only a fpreading,, [ 2 CO 3 fpreading, or but among few, who cannot be otherways gained ', In thit cafe, the Cenfures of the Church may be TreJacy de- i^^ore fuccesfuily applyed agamft them. dared to have §' 4. The General Ailenibly by their A61 'December 8. heen djured, j^^g, having confidcred the Proceedings of this Kirk, and [Ic cLje'^of ^^^ of General Affemblies in former Years, the Vote was wany Evils, ftated, Whether according to the Confeffiv>n of Faith, (i. e. Prelmjls orvn the National Covenant) as it was profclled in the Years ^rli^ ^^One ^5^°' 1 581, and 1590. there be any other Biftiop, but a If the* Cm- Paftor of a particular Flock, having no Pre-eminence nor j(s of JSJAtit- Power over his Brethren . The cksconjentt haiU AlTembly moil unanimouiiy ( one only Hefitating ) did Voice, That all Epifcopacy, different from that of a Paftor over a particular Flock, was abjured in this Kirk, and therefore prohibites, under the pain of Ecclefiaftical Cenfure, any to Ufurp, Accept, Defend, or Obey the pre- tended Authority of Biihops in time coming. By the Ad of Afiembly ^z/£wf/ 17. 1639. ^^ ^^ Declared, That the changing of the Government of the Kirk from the AHem- blies thereof to the Perfons of feme Kirk-men, under the name of Epifcopal Government, was againft the Confeflion 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 Caufcs ot the bygone ^viis therein. The Allembly in their Anfwer Angusi 9. 1641. to the Englifh Minifters, Declare, they are perfwaded Preibyterial Kirk Government to be of God, and Epifcopal Government to be only of Men .-and they Refoive to hold the fame Conftantly. A- gain, by their Anfwer Ai4guH 3. 1642. to the Declaration of the Parliament of England^ they fay, The Reformed Kirks do hold without doubting their Kirk Officers and ,Kirk Government by Allemblies Higher and Lower in their ftrong [ 201 ] flrong and beautiful Subordination, to be Jure Div'ijiOyya Prelacy, as it differeth from the Office of a Pallor, is al- mofl univerfally acknowledged by the Prelats thenifelves, to be but an Humane Ordinance fettled by Humane Law for fuppofed Conveniency .• Wherefore, by Humane Au- thority, without wronging any Man's Confcience, the fame nny be aboliihed upon fo great a Neceflity as is a hearty Conjunction with all .the Reformed Kirks. Amongthc Caufes of that Fad appointed by AfTembly 1690, this is one. That the Government of the Church was akered, and Prelacy Re-introduced without the Churches confent, and contrary to the {landing Acls of our National Aliembliej^, From all which it appears, that th^i Re-introducing of Pre- lacy, was always Laj, and Varltamentary only, and the Government of the Church by Prefbyters was Orderly and Synodically EftaHifhed by the Guides and Governours of the Church, her Preaching and Ruling Elders. S* 5. The Meeting of Eilates in their Claim of Right, PnUey ahth jfipril II. 1689. Declare, That Prelacy and the Superiori- ll^^f^ b ^J-^. ty of any Office in the Church above Preibyters, is, and -^^aX^. ^/^^ hath been a great and infupportable Grievance and Trou- TohrJion ble to this Nation, and contrary to the Inclinations of the ^^'^''-/''"'''^^^ Generality of the _ People ever (ince the Reformation ( they having Reforuied from Popery by Prefbyters ) and there- fore ought to be Abolifiied. In purfuance whereof. It is a- bohffied by the ,3^/ Ad of Parliament 1689. and by the 3^/ Ad of the I SeJ/l of CL ^- P^^^^- It is Statute and Declared High Treafon to Qiiarrel, Impugn, or Endeavour by Writing, Malicious and Advifed Speaking, or ether open Aft or Deed, to x\lteror Innovate the Cl/rifu of Right, or any Article thereof .• Which Act is as a Hedge about the Revolution Eftabliffiment : For after the fame was Voted and Enacted, never durft any prefume to offer any Act or Overture for a Toleration to Prelacy ^ Whereas before that, feme offered in Parliament Draughts of Acts, for a Tcle- C c S ^^^^ '^ C 202 1 ration to Prelacy, and moved that the Cominiflion of the ' late Ajfejnhly 1703, fhould be called to the Bar for AiTert- ing in their Addrefs, that the Parliaments granting a To- leration to Prelacy, would be to Eftabliih Iniquity by Law. TheUcen'' § 6. The AJfemhly 1658, Decern. 20. Inhibiteth all tmjnejs of the ^xlntcvs within this Church to Print any Ad of this or ■^^^A^*"^^^'preceeding Jffemblies, any Confeffion ofFaith^ any Debates CenfuredT ^bout prefent Divilions, or any Treatife whatfoever, which may concern the Church of Scotland^ without Warrant from the Clerk cf the AJfembiy, or to Re-print the fame by any other not Appomted by him : and that under pain of Ecclefiaftical Cenfure. By the 14 Chap. An, 19, of the Frefich Difcipline, All Printers and Stationers are Warned, not to Print or Sell Books that Ihall concern- Religion or Ecclefiaftical Difcipline, without the Conlifto- ries Allowance, and no Book is to be fold that tends to ^ Advance Idolatry, and Corrupt good Manners. And by the 1 6 Art. of the forefaid 1 4 Chapter, Minifters nor a- ny elfe in the Church, cannot Print Books made by them- f elves or others, touching Religion, nor any way publifh them without Allowance from the Prefbytery or Synod, or from thofe Authorized by the Synod to Licenfe Books. By th€ 7 AB. of Affemblj; 1707, Prefbyteries are Appointed to take fpecial Notice, of any Book or Pamphlet which has for it's Author or Publiflier any Minifter of this Church, and Examine if there be any thingtherein contrair to Her Dodrine, Worfhip, Difciphne or Government, and that tliey Cenfure fuch as fhali Tranfgrefs herein, according to the" Demerit of the Caufe. The Sellers alfo and Difperfers of Erroneous and Popifli Books, are to be Punifhed Arbi- trarily by the Rubrick of the 2 5 AB, Par. 1 1. Jac. 6, But the Statutory Words run onlyagainft the Home-bring- ers of fuch Books : The Books alio are to be Deftroyed^and Warrandice given to Magiftrates of Burglis, with a Mini- fter [ 203 ] . fter Intromet with tliem, without Hazard of Spuilzie : De praxi. Sheriffs and other Magiflrates Introinet with fuch Books without a Minifters Prefcnce or Concurrence. Vide Mackenzie on Title Herefy. § 7. For preventing Innovations, fudden Alterations, HowOveri by pafling of Ads which may Threaten the Peace of the f^res are Church, It is Enaded, That before any Affembly make Ac^s^J^J'^.'^^'^^, which are to be New Handing Rules and Conftitutions to ralJiffembUes. the Church, the fame be tirft paft as Overtures to be Tranfmitted to the feveral Prefbyterie?, and their Confent Reported to the next AJfernbly who may pafs the fame into Afts, if the more General Opinion of the Church agree thereto, 5^ejf. 6. and by the A& of AJfembly 1700, Sejf. i7.any Overtures of General Concern, propofed to the Aflembly, after the firfl Read- ing, are to ly on the Table to be feen by ail the Members till the next Day of the AlTembly's fitting, and when Tranfmitted, Prefbyteries are to Confider of them, before the Meeting of the Synod, next after the AlTembly, and their Opinion is to be fent to the next AiTembly in Writ« When Prefbyteries Obferve this Order, then the AlTembly gathers the Opinion of the Church from the Plurality of the written Opinions Returned , But in cafe a great Number cf Prefbyteries, fliould either be fo well Satisfyed, or fo Indifferent about the Overture Tranfmitted, or give fuch Abfolute Trufl and Credit to their Comniiflioners that they give no Opinion in the Matter, in that cafe the Opinion of the Commiflioners is to be looked upon as the Opinion of their Conftituents. ► § 8. The fame Authority aiid Method that was necef- when A^ fary unto the Framing of an Ecclefiaftick Conflitution, of ^jfemUy niufl be Interpofed and ufed at it's Repealing, Nam ^^^^-^^^pZa^^ ejl tarn ?iatnrale, qnam eo genere quidque Diffohi, quo colligatum ^Jl, By the 8 A^ of AJjhnhly 1706, Commif- ^ C 2 t fioQ C 204 1 , fion Books are only to be attefted in a Negative Stile, even as thofe of Synods \ Yet, by the 9 AEi of AJfembly 1707, The A dings and Proceedings of the preceeding Commifiion are Rauifyed, and Approven pofitively and Solemnly, as former Commiflicns had been , Becaufe of their Extraordinary Faithfulnefs, Zeal, and Diligence in Addrefling and Petitioning the Parliament, .againft the Dangers and Evila Feared from the then defigned incorpo- rating Union with England, lEmrs Mnd g c). By the 21 ^^ of JJJemhlj 16^6, And by the Separmon, 12 and 18 /Ms of Affenihly 1704, All Minifters and hmUnjHT- j^gj^^t>^^g ^f ^l^ig Church, are Difcharged to PuMifli or ■^ ' Vent either by Speaking, Writing or Printing, by Teach- ing or Preaching, any Dodrine, Tenet or Opinion, con- trary unto any Head, Article, Part or Propofirion of the ConfeJJion of FaHh of this Church, and particularly, the Venting any Arminlan or Socintan Errors : And Church Judicatories are Ordained to Advert to any who Ihall Teach or Vent fuch Errors, and proceed to Cenfure them for the fame. And alfo all Prefbyteries are Injoyned to Cenfure fuch Perfons within their Bounds, who do carry on Divifive Courfes, and withdraw from Communion with this Church, under a Pretext of Zeal to her Dodrine, Worfhii% Difcipline and Government : and that all Means be ufed for Reclaiming fuch Milled People. MimUen g 10. By the 6 AB oi Ajjernbly 1690, It is Recom- ^.re toOhjcrv^ ^^-^^Yiditdi ^to Prefbyteries, to take Notice of all Minifters^ J^^^^//f^^^^-_^whethe^^ Incumbents or others, who Cjhnrek. (ball not Obferve Fall and Thankfgiving Days, Indided by the Church, or who (liall be found Guilty of Admini- ftring the Sacraments in private, or Celebrating Clandeftine Marria2:es without Proclamation of Banns, and to Cenfure ikem accordingly. f II. For [ 205 ] § II. For retaining Unity and Soundnefs of Dodrine, TheConfeU All Probationers Licenfed to Preach, all Intrants into the ^7 %u^ JVIiniftry, and all other Minillers and Elders, ail School^^^Upor.' Mafters, Chaplains, Governours and Pedagogues of Youth inula, and ly are Appointed to Subfcribc, at the light of Preibyteries,**'^^^*' their Approbation of the ConfeJJion of Faith, as the Con- feflion .of their Faith, JJfe?n. 1690, JB 7. Jljffem. 17C0, 10 and II JBs. And by the 11 AB of JfJemMy i6^j\., any of the late Conform Minifters may be received by the Commiflion of the AiTembly into Minifterial Communion who (hall Acknowledge, Engage and Subfcribe, upon the End of the Confejfwn of Faith, the following Formula, And by the 16 AB of Afsemhly 1705, All Students of Theologie Licenfed to Preach, and all Minifters and El- ders are in like manner to Subfcribe the fame , The Tenor whereof follows, « « j -^ -^ 0^ (incerely Owne * and Declare, the above Confejfwn of Faith, Approven by < former General Aflemblies, and Ratifyed by Law in the < Year 1690, to be the Confejfwu 0^ my Faith, and that I « Owne the Dodrine therein-contained, to be the True VDoclrine, which I will conftantly Adhere unto ; As * likeways, that I Owne and Acknowledge the Prcfbyteri- * an Government of this Church now Settled by Law, * by Kirk-Seflions, Preibyter.ies, Provincial Synods, and ' General Aflemblies, to be the only Government of this * Church, and that I will Submitt thereto, Concurr there- * with, and never endeavour difedly nor indirectly the * Prejudice or Subverfion thereof, and that I fhall Ohferve * Uniformity of Vv^orfliip, and of the Adminiftration of all * publick Ordinances as the fame are at prefent Ft:rformed * and Allowed. Vid. SeB, 7. Tn. 4^ Lib, i. % \2. The Synods of this National Church in the Year Symdkd 1702, Confidcring the great Affair of the Union of the ^/^^''^^^'^f^ two Kingdoms, then under Deliberation, did for mutual }f, "^^^^Jl^ EdificaiioHj and ftrenstheniiig one anothers Hands in the Gi^vernmnt^ LORDS C 2C6 ] lord's Work, ?ippoint each Minifter and Prnhitioner, judicially, in their Refpedive Prefbyteries to profefs and declare their Refolutions and Ingadgments to Maintain, by GOD's Grace, the True Dodrine of this Church, accord- ing to our ConfeJJion of Faith, and the Purity of Worftiip, .DifcipHne and Prefbyterian Government of this Church, founded on the Word of GOD, and that they Promife to Difown all Principles contrary thereto, f/ojv the ^h § 1 3 .The Fourth Article of Cap. 2 3 .ofthe Confejfion of Faith, Article of the ]^2S tliefe Words, Infidt^lity, or Differ e?ice in Religion, doth 1?^ c'*^f "/^ 7Jd?f 7nake Void the Magistrates juH and Legal Authority, on of Faith «^^ f^^^ ^'■^^ People f'ro?n their due Obedience to him, u generally Which are generally underftood thus, viz. That thePrin- under flood, ciples of oLir Holy and Peaceable Religion, do not deny but Infidels and Papifts may be Lawful Magiflrates in fuch Countries or Kingdoms where thefe Falfe Religions are Eftablithed. And if any of our Religion happen to Sojourn in thefe Territories, they ought notwithftanding to owne their ]uft and Legal Authority, and Obey their Lawful Commands. But in other Kingdoms or Countries, fuch as this of Scotlajid is, where Profefling and Defending of the Proteftant Religion is made a Condition of Govern- ment, betwixt the Magiftrate and People, in that cafe, if he Ihall either be of, or fail away to a Falfe Religion, and Violate fhe faid Condition and Agreement, then there is Ground and Reafon for the Peoples Reprefent^tives, to Claim their Right, and Declare him on that Account to have Forefaulted his Right to the Crown, and Declare the Throne vacant, as did our Meetmg of Eltates, Jpril ir. Separaitfls g 14. The Ad of AiTembly, Aug. 31. 1647, Gonlider- nottobeFami-'^^^ hov7 the Errors of Independency and Separation have ^„, ing of Schifm, and for Maintaining that Refpecl which is Ajh KirL-^ due to the Minifters of JESUS CHRIST, Every Member of a Congregation is Ordained to keep his own Parilh Kirk, to Communicate there in Word and Sacraments, and if any Perfon, fhall ufually Abfent themfelves from ; their own Congregation, except in urgent cafes, made, known to, and approved by the Preibytery, the Minifters i of thofe Congregations whereto they Reforr, Ihall both in publick by Preaching, and in private Admonition, Ihew , , their Diflike of their Withdrawing from their own Mini- Iter : Likeas, the Minifter of that Congregation from ' ; which they do Withdraw, (hall Labour firfl: by private Ad- monition to Reclaim them, and if that fail, they are to be Cited to the Seflion, and Cenfured as Contemners of the Order of the Kirk, and if the JVLatter bt not taken Order with there, it is to be brought to the Preftytery. S i^. By the 6 AB of AffhnMj 1708, All Prelhyteries Dijorderly and Synods are flridly and peremptorily Appointed to take -^^^'f'^'^ "f particular Notice of Minifters, Preachers, or others, who l^^fcJ^rU ^ fall into Irregularities or Schifmatical Courfts, that they Noticed, duely Cenfure them, according to the Merit of their Fault, even to Depofition of Minifters and Elders. M-ctings % 17. The Aifembly, Au^, 4. 1641, doth Charire all'^^'^^-^rf Minifters and Members of this Kirk, to Supprefs all Im-^^'-;^' ■'„ f piety and Mocking of Religious Exercifes, and that t\\cy)hmniL cfchew [ 208 ] j efchew all Meetings under the Name and Pretext of Reli- gious Exercifes, which are apt to breed Error, Scandal, Schifin, Neglect of Duties in particular Callings, and fuch other Evils. fkeChmhei § 1 8. For preventing of Abufe to the Kirk in General, 'mr:-^,eUmtQr^^^ Miniflers in particular, The Aflembly by their Aft, ttt>/r'A«^. 5. 1643, doth Prohibite and Difchargc all and ' every one, to pretend or ule the Name of Minifters to any Petition, Declaration, or fuch like, without their Knowledge, Confent, and Afliftance \ And the Tranfgref- fors hereof are to be proceeded againft, with the higheft Cenfures of the Church. 'I^ont^ g i^. The General AfTeinbly Injoyns all the Members c'^t'^/iW^^^^^^ Kirk to forbear the Swearing, Subfcribing, or Pref- cm, to he M-fing of any new Oaths or Bonds, in the Caufe of Reforma- %e»mtbout tion without Advice and Concurrence of the Kirk. StQ Acl 'Mvice of the ^^^\ D^^l^j.^^j^j^^ J^^ly 28. 1648.^ Chunk g ^^^ In the General Aiiemblies Anfwer, February 13, SomeQfiom 15^5^ to the AfTeiiibly of Divines in England, they feem tJ^liZ, to acknowledge, that they have fome Pradices in this ledgedtohe Cliurch wliich are m themlelves Inditterent : tor they Indifferent, Exprefs thcmfelves thus : Neverthelefs in other Particu- lars we are Refolved, and do agree to do as ye have de- fired us in your Letter, that is, not to be Tenacious of old Cuftomsj tho' Lawful in themfelves. But to lay them afide for the nearer Uniformity with the Kirk of England^ that rather than it fail on our Part, we do mod willingly part with fuch Pradices and Cuftoms of our own, and without the Violation of any of CHRIST's Ordinances. ,^ g 21. It is no fmall Security to the Proteftant Religion, P;-^7J«^iT<«- ^ tends much to the preventing of Innovations and Errors, pjle of ^ny that uone are capable of Civil truft, but true Proteftants : ^UceofTrHihf.^^. j-j-j^y ^^^-jq profefs not the true Religion, contained in the Coiifejjion ofFmth, EltaWiilied by K. Jac. 6. his firft Parliament, may not be a Judge, -Procurator, nor Member of C 209 ] of any Court, Cap, 9. Far, i. Jac, 6, And by Cap, 5. Far, z, J !<:, 6. This Ad is Extended to all and whatfo- evcr Oftivcs, without any Exception, or Reftridion, in all time coming. And fuch Church-men, as will not Subfcribc the abrve-nientioned Confejporiy are Deprived ; And all fuch as Refufe to Subfcribe the fame, are to be Repute Rebels and Enemies to the King and his Government, Cap. 46. 47. Fay, 3. Jac, -6. T I T L E IV. I Of Witches Affd Charmers, 1^ S I. /^Ur General Aflembly, Jftly 29, 1640: Ordains ^iBs »/ i V«/ all Minifters carefully to take notice- of Char- ^J[<^^/b for mers, Witches, and all fuch abufers of the peo-- IJ^JT^V ^^ pie, and to urge the Afts of Parliament to be Execute Grlmdffor] againft them. By another Aft -<^//g;//2 19, 1 6 j^^: Minikcrs ^ppnkending muft be carelul to Inftrudt the people, prefs Holinefscf Life ^/> ^»dhon>tt upon them, and ufe the Cenfure of the Kirk againft pro- flf^ ^^- fane perfons 5 Moreover, let the people feek Knowledge, "' Study to Believe, walk in Holinefs, and be inftant in Prayer^ all which is propofed as Means to prevent the growrh of Witchcraft 5 And further, Presbyteries are Or- dained, to take under Confideraiion by what other Ways or Means thefe Sins may be Trycd,Reftrain'd,and condign- ly cenfiired and punillied, Ecclefiaftlcally and Civilly. In purfuance whereof, the Aflembly Augyji 6, 1649, for Ad- vifing anent the tryal and punifhment of Wiichcraft, Charming, and Confulting, there is aCommifTion granted to One and Twenty Minifters, for a Conference in the faid Matter, with Nine Lawyers and Three Phyficians. D d And C 2103 And in the AfTembly 1700, among the Unprlnted AGts, you'll find a Gommittee of Minifters appointed to Attend rhe Lcrds of Council and Judiciary concerning Witch- craft, when called thereto by their Lordfhips. By the Aflembly Augnft 5, 1642, Presbyteries are Ordained to givenp to the Lords of Jufticiary, the Names ot Witches, borctrirs and Charmers, and becaufe fuch Sins, proceed many times from Ignorance, therefore all Minifters are Or- dained ( cfpecially in the North where ihefe Sins are more frtquenc ) to be diligent in Preaching, Catechifing, and Coiifeiring, to Inform their people therein. By the fore- cited Aft Affembly 4643, they Declare the Occafions of Witchcraft to be thefe efpecially, viz. Extremity of Grief, Malice, Paflion, and defire of Revenge, pinching Poverty, and iSollicitation of other Witches. They fay the Keafons of Satans prevailing, are, grofs Ignorance, Infidelity, want of Love to the Truth, and profanenefs of Life. The means they propofe, for bringing them to ajuft punifhment, are. That a CommifTion be Granted to fome Gentlemen and Magiftrates, within the Bounds of fuch Presbyteries, as ihall crave it, giving them power to caufe Apprehend, Try, and Execute Juflice upon perfons guilty of fuch Crimes; They Declare the Grounds for Apprehending Witches, to be thefe, viz. A reigning Bruit of Witchcraft, backed with Delations cf confeffing Witches, being Con- fronted with them .* for it is found, that the Delations of Two orThree ConfefCng Witches, hath ordinarily proved true : As alfo. DepoGtions of honeft perfons concerning Malefices committed, or Cures ufed by them, may be a ground for Apprehending them. Mackenzie on this Title, fays, That none (hould be Apprehended for Witches except it appear by the Event of the Inquifition, that they ]y under many and pregnant prefumptions, fuch as. That they are Defamed by other Witches, TThat they have been diemfelves of an ill Fame, That they have been found Charming, an ] Charming, or that the ordinary Inftruraents of Charming be found in their Houfes 5 And it is to be remerobred, that Ad ajfnwendas Inform ationes^ fufficiunt levia Jifdicia,. fed gravia reqHtrHtitnr ad hoc ut citetur reus^ ut^judex fpeciali- ter wqmrat. By the forefaid Adt of AlTembly, after they are Apprehended, honeft and difcreet perfons ftiould be ap» pointed to Watch them,to prevent their being fuboracdj^nd hardned by others, or deftroying themfelves, and Mini- fters would be careful at all times, efpecially Morning and Evening, to deal with them by Prayer and Conference, while they arein prifon or reftraint. § 2. Witchcraft was Crimen utrihfqHe fori,hy the Canon Law, yiif^^, an and with us, the Kirk Seffion did ufe to Inquire into it Judges cm- in order to the Scandal, and take the Con teffion of Parties, pfff"f(^^r?i'^. or receive Witnefi'es againft them : But fince fo much weight is laid upon the Depofitions there Emitted; th^jy fhould be very Cautious in their procedure. By the 73, AB Pari, 9. Qu. Mary, Altho' Inferior Judges may con- cur to the punifliment of this Crime, by Apprehending and Imprifoning the Parties fufped 5 Yet feing the Relevancy is oftimes fo intricate, 8c the proceedure requires neceffarily fo much Arbitrarinefs, and the punifliment is fo fevere, upon thefe Conliderations, the Cognition of that Crime (liould be foJely appropriate to the Juflice Court. § 3. Padion to ferve the Devil is certainly perfe Re- ^^'h^-t re- levant, without any Addition, providing they acknow- f^'^^'^?^ ^ ledge they knew him to be the Devil. This paftion iscriL of either exprefs, performed by a formal proraife gw-Qn to \Vitckr4t. him, then prcfenr, to ferve him 5 Or by prefenting a Sup- plication to him, or by giving the promife, to a Proxie, Impowered by the Devil for that Effed, which he Indulgeth to fome who dare not fee himfelfc There is likewife a tacite Pa(3fion with the Devil, when a perfon ufeth the Words or Signs which Sorcerers ufe, knowing them to be fuch, and this is Condemned a$ Sorcery, and is relevant D d 2 f to L 212 ] to infer the Crime of Witchcraft. But to ufe thefe Woxdi cr Signs, when the lifer knowsthem not to be fuchjif the Ig lorance be probable, and the Ufer be content to ab- itain, it is no fuch Crime. Renouncing ofBaptifmUmoft relevant perfe to infer the Crime of Witchcraft. Witches ufe to Contefs, that in fo doing they ufe this Solemnity, by pntting one of their Hands on the Crown of their Head, and the other beneath the Sole of their Foot, at which time he gives them new Names, r The Devils § 4. To Libel the Devils Mark is not />er /e relevant, Wark not uulefs it be Confeft by them, that they got that Mark by pet fc rf/e- jj^^jj. ^^^ Confent, quo cajuy it is equivalent to a Padion. ^--' The PRICKERS Cay, If the place Bleed not, or if the per- fon be not fenlible, then He or She hath the Mark 3 which is given by a Nip in any part of the Body, and is Blue, as is alledged:But it is hard to diftinguifh any fuch M2irks,aff, or a i^vokKmgmthWiubes of Necromancy, which was a prophefying by departed p«»(/^''^^'^- Spirits, as alfo Predidions and Refponfes by the Sieve, and the Shear, and by the Book, and all fuch Cheats and fpecies of Sorcery. See the 73: A^ Pari: 9: of Q. Mary, when perfons are delated by other Witches, or per defamati- ^'^"^ ^f amm, which we call Common Bruit, and Open Fame, '^'^^^Wi^chl^ im- thereupon Libelled, that Article is never fuftained as Re- pork levant per fe to infer Witchcraft 3 Yet fometiraes Articles that are of themfelves Irrelevant, are fuftjined Relevant, being joyned with that of Fame and Delation : But it is hard, and feems unjuft to conipofe a Relevant Libel, out of Articles that are per fe Irrelevant. § 5. The Relevancy of this Crime being difcuffed, the y[/f.^^„ ^^z ordinary probation of it is, by Conftffionor Witneffes : It «?/^;^c«//^/- fliould be evident, that the pcrfon Confeffing is not weary loivson Witches ot Life, or opprellcd wiih Mrlancholy. Albeit Hie ^^^J:7^£'"-J "r fcmpcr requiritHr ut conftet de Corpore deli&iy this being a yl^/J^^fJ^'^ ^^ Crime which conlifts in animo^ yet the Confcfiion ought to be fuch, as coatains nothiag in ir that is impoffible .• It is Condefceiided by LawyerSj ihat fiiccnhi & incubifunt pojfihilcs -. Thit the D^vil miy ly in th.^ (hiipe of a Man Willi a Worn:in, or in th^ (hape of a Woman with a Man, haviig fi.ft formed to himfelf a Body of Condeufcd Air ^ Or [hat he may Traofp rt Witches to their publick Con- venrions, and upon fudi Conteflions fome have been pu- niflied as Witches. The Probation of this Crime by Wit- nclles is very difhcuk, and therefore Socii Crimnis, or other [ 214 1 other confeffmg Witches are adduced : But yet, thefe do not prove Witchcraft folely, though dying and penitent : Whereas it may be doubted if the Confulting of Witches may not be proved by Two of them who were Confulted : For if this be not a fufEcient Probation, it may fome- times be impoffible to prove Confuhing any other way 5 But il fuch be fubftained, why may not Socii Crimims be allowed as habile Witnefles. The perfons injured by Witches, are admitted WitnefTes againft them, but cuff^ mta^ Women are received Witnefles in this Crime : Witches do rarely Weep, becaufe they are ordinarily Hardned. Tf Wiuht^ § 6- It is thought lawful, by fome, for all who are may hedeprd Bewitchcd, to defire the Bewitchers to take off the Difeafe, catahojf providing the fame can be removed by taking away the .Jje^J^s. old Charm, without any new Application to the Devil 5 which Pradice feems yet to be forbidden, Ifai. 8. 19. Aftd Zfhen they Jlmll fay unto you, feek ttnto them that have familiar Spirits, and unto Wizardf that peep and mutter : Jhould not a people feek unto their God ? jor the living to the dead. Yet it is not unlawful for any to remove the Charm, or Sign of it, if it be in their power to do it, without any Applica- tion to the Devil or his Inftruments. g 7. Witches do likewife Torment Mankind, by making T^mmthy Images of Clay or Wax, and when they prick them, the ' Images, nni of ?Qxiom do find extreme Tormeut, which doth not pro- the^mijh-- ceed from any Influence thefe Images have upon the Body J^^"^ ^f Tormented, but the Devil doth by natural means raife ---'' thefe Torments in the Perfon, at the very fame time thae the Witches do prick, or pounce, or hold to the Fire thefe Images: Witches confefling this manner of Torment, may very judicially be found Guilty, fince conftat deCorpore ^. lilii, de modo delinquendi, & inimcitiii pr^viis. 'The pu- nifhmentof this Crime is with us Death, and the Doom ordinarily bears, To be worried at the Stake and Burnt. C2'5 3. J 8. Fortune* Tellers are thofe who do profefs to Reveal Tortune- and Difcover Secrets, by Means altogether Inept or Un- '^'^jV' ^^^^ lawful, and they are punilhed with us Arbitrarily, not nl/hedr ^^' Capitally, and by the Law ot England^ Cited hy Mackenzie on this Title, fuch perfons are to be Imprifoned for the fpace of a whole Year, during which time they are to be Pilloriz'd Quarterly. TITLE V, Of Blafphemy^ Cnrfng^ profane Swearings and Lottery* § I. |3Lafphemy is a Divine Lefe-Majefty or Treafon, Blahhmj: X3 3nd is Committed either 'by denying that cf^hat, GOD which belongs to Him, or by Attributing to Him that which is ablurd, Thefe who Swear by the Head or Feet of GOD, are guilty of this Crime by the Canon Law, Videntur enlm dwple&i Anthromorphitarum harefin^ qn£ membra Deo tribuehat. They are a!fo, accor- ding to them, punifhable, who delate not Blafphemers. J 2. By the 21. Cap, Pari, i* Car. a. It is appointed, /^j pmi/h- that whoever, not being Diftradted in his Wits, (hall Rail f^enf, and upon or Curfe GOD, or any of the Perfons of the Blelled ^'f'^^'{ 1 Trinity, be Procefied before the Chief Juftice, and being '^''''^ '^'■ found guilty, punilhed with Death. From which Ad it is clear, that this Crime can only be Tryed before the Ju- (tices, and that Diftraftion is only a relevant Defence a- gainft the Punifhment. So that Paffion, Ruf\icity, or Raillery excufe not. Yet if the denying of GOD's At- tributes, or any of the Perfons of the Holy Trinity, pro- ceed from Ignorance, and the Denyal be not obftinately perfifted in, they fhould be pitied, rather than puniihed. It It feems to me a good Defence againfl: the Punifhment of Biafphemy, when one is ccinptlled toBIafpheme through Torture, anhe Saints did through ihe Torments and Mad- ndsof Sauls Peilecurioij, .4c?/ 26. u. And Sohwon, Eccl, 7. 7. fays, Sffrel^ Opprcjfion mahth a wije Man mad^ That is, it maketh hisn (peak, or Act, hkc a mad Man. m^ Cur- ff 5- By the 103 Cap, Jac. 6. Pari. 7. Magiflrates to fni and pro- Burgh and Landward, are ordained to appoint Ccnfors in fmeSveearing pubUck Markets and Fairs, with Power to exad the Pains 'JenfHre^'ifd °^ Swearing, and that Houfholders delate Offenders with. the Defences ii^ their Houfes, under the pain of being efteenied as Of- Agahfi its fenders themfelves. By Cap. 16. Pari. 5. CL. Mary, parti- funi/hmm, Qixh^: Pains are ordained againfl profane Swearers, with gradual Augmentations, and ending in Banifhment : Which Ads are Ratifyed by Charles 2. Pari. i. Se[f. i. Cap. 19. And farder it is Enaded, That who fhall Swear or Curfe fhail pay, the Nobleman 20 PoufjJs, the Baron 20 Merksy the Gentleman, Heretor, or Burgefs i o -^-^/ifr^j, the Yeoman 40 Sbilli?ig^th.c Servant 20 ShillingToties Qtwties , and the Minifter the fifth part of his Stipend to be applied to Pious Ufes, the one half in the Parifh where the Offence was committed, and the other half to be betwixt the Informer and Profecuter, and other Ufes, at the fight of the Judges, as in the Ad about Juftices of the Peace, and the Infol- vent to be punifhed in their perfons. By the Trench Church Difcipline, Cap. 14. An. 24. profane Swearers, who through Cufi:om or Anger, take the Name of God in vain, after one or two Admonitions, if they defift not, fhall be fuf- pended the Lord's Table : So that Cuftcm and Paflion do not defend againfl Punilliment. But whether Paflion will Excufe, at leafl in part, from being punifhed as a Swearer and Curfer, when provoked thereto while Imployed abouti lawful honefl Bufincfs, I think needs be no difficult Que- flion 5 Yet no Lawyer will fay, that Anger doth lelTen this Vice, committed by him who is unlawfully Imployed, as in [ 217 3 in playing at Cards, or in exceflive and unfeafonable Drink- ing ; See Mack. Grim. pag. 26. ^ 4. There is a Lottery which isNecelTary, and Ufeful .^^f/^fS"' in fome Cafes, for ending of Debates and Controverfies a- TnAjmmni^ inong Men , As for Example, where there is one Adjudi- mu cation in favours of divers Creditors, they muft have their Preference by Lot, in choice of the Rooms of Lands ad- judged, vide Stairs InHit.pag. 75, 626. and 648. So the Land of Canaan was divided among the Ifraelites by Lot. But there is a Lufory Lottery, fuch as playing at Carcfl, ♦ &c, which is condemned by the Pradice of mod who have the Commendation of good Ghriftians in this Church, and by the Ailembly 1638. Sejf. 25, 24. Art. 9. Carding anci Diceing are noted as unlawful Games 5 And by the 50 Ca- non, Concil.fexti in TruUo, Nullum omnium^ Jive Clericum^ five luaicftm ab hoc dei?iceps teinpore alea liidere permttti" mits^fiqiiis atitem hoc deinceps facere ab hoc tempore ag- grejfiisfuerity fi fit quidem Clericiis depotiatitr, ft luaicus^ fegregetitr. To difcourage this kind of Lottery, it is E- naded by Ja?nes 6. ?arl. 23. Cap. 14. That none play at Cards or Dice in any common Houfe, Town, Holtelry, or Cooks Houfe, under the pain of fourty Pounds, 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- ny private Houfe, except where the Mailer playes, and if more be won in twenty four Hours than one hundred Merks, itfhall be configned in the Kirk Treafurers Hands in jE^iw- hurgh^ or in the Colledor for the Poor his Hands in the Country. And Magillrates of Burghs and Sheriffs and Juftices of Peace in the Country, are Impowcred to purfuc for the Superplus Winning, or otherways are declared ly- able to the Informers for the Double, whereof the half to himfelf, the other to the Poor. f E e TITLE I 2i8 3 TITLE VI. Of the Profanation of the Sabbath'^ Of not Ohferving Fasi and Thankfgiving Days f, Of With drawers from^ and "DiHurbers of the Fublick WorJJoip^ and Obfervers of Sz/- per Hit ions Days. How Profd' S !• ^"l^HE AiTembly difchargetli the Breach of the Sab- 'nAtien 0/ the J^ bath by Labouring either in Seed-time or hrdtliTT- Harveft, or by going ot Mills, Silt-pans, idPjedT ^^' Fift^i^g Salmond, or White Fifh, under pain of Incurring the Cenfures of the Kirk ; And for preventing its Profana- tion, they appoint both Dyets, Fore-noon and After-noon, to be kept even in Landward for publick Divine Service, December lyth 1638. and S^/y^ 2ii? 1659. The Ailembly likeways Declares, That thefe Ads made againft Breach of the Sabbath, Ihall not only reach the Servants, who adu- ally Work, but alfo the fame (hall be Extended againft their Mafters and Hirers, AnguH lA^th 1643. By Ad -of Ailem- bly Jitne iSth 1646. all fuch Skippers and Sailers, who be- gin any Voyage, or loofe any Ships, Barks, or Boats, out of Road or Harbour on the Lord's Day, are to be cenfured, ' -^y ^^JT- 58. 1648. Elders are to take notice, how fuch as are within their Bounds keep the Kirk, and how the time is fpent before and after publick Worihip. By the 2$tb Ad Ailem.bly 1690. all unneceflary Sailing and Travelling is prohibited on the Lord's Day. Iteniy By Ad Afiembly^ 1705. Seff, 13. Minifters are to contribute their Endear vours for fupprefling grofs profaning of the Lord's Day, efpeciaily idle vaiguing on the Streets of Ediriburglo^ Peer, and Shoar of Leitb^ Queen's Park, <^c, and that by an Im- partivil I 219 1 paitial and prudent Exercife of Difcipline. By the I2tb Aft of Aflembly 1708.^ for tbe better Obfervation of the Lord's Day, they appoint fom-s to be fent from each Pref- bytery within this Church to attend the Lords of Judici- ary at their Circuit within their Bounds,and then to repre- fent the Profanation of the Lord's Day by TraveUing thereupon, carrying Goods, driving of Cattel, and other Abufes .• And they ferioufly recommend it to the faids Lords, to reflrain and punifli the forefaid Abufes, which the AlTembly will acknowledge as a iingular Service done to God and this Church. And all Minifters are Injoined,to advertife their People, among whom fuch Pradices are, of the great hazard their Imm.ortal Souls are thereby in ;, And that if they continue therein, there v/ill be a necefiity to . reprefent them as fuch Tranfgrellours to the forefaid Lords. So much Refped doth our Law pay to the Sabbath or Lord's Day, that it cannot be taken for Redemption of Lands, and a Wood-fetter cannot be obliged to attend and perform the Requifites of Confignation, by N umeration of Money, perufal of Writs, and fubfcribing a Renunciation on the Sabbath Day. It is Relevant to alledge, that an Arreftment or Horning is Null, as being execute upon a Sabbath Day : And poinding on the Lord's Day, or on Solemn Days appointed by Church or State for Humiliation or Thankfgivmg, are void and punilhable, viJe STAIR s Insiit.pag. 536, 375, 411, and 728. And if the Law did not thus order it, the Confcientious Obfervers of the Lord's Day would certainly be molefted, and advantage taken of them by Worldly Wretches and Contemners of Holy Things. By Cap. yc. Pari. 6. Jac. 6. Gaming, Playing, pafling to Taverns, or Ale-houfes, felling of Meat and Drink, and willful remaining from Kirk in time of Sermon or Prayers, is difchargedunderthepainof twenty Shillings, and if the Offenders be unable to pay, they are to be put ' in the Stocks or Joggs. It<^?n, By Cap. 18. S^Z/l i. F^rl. i. E e 2 g ' Car. C 220 ] Car. 2. all Salmond Fifbing, going of Salt-pans, Mills or Kills, Hireing of Shearers, Carrying of Loads, Keeping of Markets, and Uiing of Merchandife on that Day, and all other Profanations thereof are difcharged, under the pain of twenty pounds for Salt-pan, Mill, or Kill, and ten pounds for each other Profanation, to be applyed as in § 5. Tit. Pr^c. and that the Infolvent be punilhed in their perfons. By the i/i^th Ad oiVarL 1695. it is declared Law- ful to all burghs, not only of Royalty, but of Regality, ^arrony, and Villages, and Kirk Towns, whofe Weekly Markets are kept on Mimdays and Saturdays^ to change and alter the fame. And the faids Burghs and Villages are tomake timeous Intimation of the Change to the next ad- jacent Burghs, and providing they pitch not upon the Mar- ket Days of any Burgh Royal, or of any other Market Town within four Miles. Bovt joTne § 2. King CHARLES the Firft was prevailed on by Troclmmions i^^^,i^ ^^^-^^ his Fadion (little to his Credit) to publilh His prlfamngof Declaration Concerning Recreations on the Lord's Day after r/:eZ-or;-«'wi'*- by Tinfel of all their Moveables. If the Migiflrate be ^^J^'^' prefent, no doubt, he may ordain the Difturbers to be Removed, and Secured, till they find Baill to Anfwer therefore. g 5. By the Ad of AiTembly the thirteenth of February nu -■ i One Thoufand Six Hundred and Fourty Five, It is una-/S^'^ nimoufly Ordained, That the Obferver of YULE-Day, or I>^s Cenjnr^^ other Superftitious Days, fhall be proceeded againft by ''^^''■ Kirk Cenfures, and fhall make their publick Repentance therefore in the Face of the offended Congregation. And if Mailers of Schools or Colleges grant Vacancie on that Day, they are to be Cited to Anfwer to the next AfTen]- bly by the Minifters of the Place , And no Vacance is to be granted at that or any time thereafter in Compenfation thereof. And Scholars guilty herein, are to be Corr^d- t cd C 222 3 ed by their Matters -, But if they refufe to fubjed them- fclv.es to Corredion, or be Fugitives from Difcipline, they* are not to be received into any other School or College within the Kingdom. By the 22d Cap, Seff. 2d?arLK, William andCLKi^J^. The keeping of YULE Vacance, and all Obfervation thereof, is Difcharged. The church § 6- This Church hath no Anniverfary Feaft or Feftival /'of Scotland Days, but doth only fet apart a Day or Days for Thankf- f hathm jnni- giving or Humiliation, as emergent Providences do call i 2.'& dL ^^^' ^Y ^^^ ^^ ^^ ^^'^^^ ^ 5^^. J^c, 6tk The ^th Day of - AniuH is appointed to be a Day of Thankfgiving to GOD, for King James his Prefervation from the Treafonable At- tempt of the Earl of Gowrie and his Brother : But the Truth of this Matter being much queftioned by many, it never received Univerfal Obedience, and at length turned wholly into Defuetude. By ?arl. i,Seffl i. Cap. ly. and ?arl. 2. Seffl 3. Cap. 12. of C^r. 2. The 2^tb Day of May is ap- pointed for the folemn Commemoration of his Birth and Reftoration .• And for that end, that it be fet apart as a Holy Day unto the LORD. But one of the Reafons why the Presbyterians did not keep this Day is, becauie in the Ad of Parliament appointing it, there is a long Preface full of black Afperfions upon the whole Church and Nation, and fuch Refledions upon Religion and the Work of GOD, as cannot be read without Horror. And they were follow- ed with Ads that deftroyed the Church Government, con- trary to National folemn Engagements, and gave a deep Wound to true Rehgion : So that however the King's Re- ftoration might otherways have been Matter of Joy, yet in this Refped it could not be fo to any in this Land, that had a true Regard for the Intcreft of Religion. Our Prelatifts did ufe to obferve the ^oth Day of January, as an Humi- liation Day, becaufe upon it King Charles the FirB was Beheaded in England, by the Authority and Power of the Ufurpers and Sedaries there; But tho' that horrid Fad was ^^ -- mil . jitifea^iijiifc,-- ■ •■ C 225 3 f ftiil detefted and abhorred, both by this Church and King- dom, yet we never would obferve it, becaufc of our no- tour Innocence in that Matter. It is true, it is our Duty I to Mourn for the Sins of others, but not as our own Sins, except we have had fome (inful aftive Acceflion thereto. § 7. It is not to be reputed an obferving of Supcrftiti- Whdi h h'm cus Days, when People in Obedience to Civil Authority, ^j^perSiitim do refrain from Work thereupon, according to the 21 AB^'^jj'J^^^^ ^ Cap, 14. of the French Church Difcipline. " TITLE VH. Of Slandering and AJfaitlting of Mini Hers ^ Bvating and ■ Qurfing of parent s^ and hijitries Verfonal ajid Real, s I- RAifing of Scandals and Prejudices agnlnft Mini- ^/rf« mitting of Injuflice. And if they be taken upon that Ac- count, whether by the Judges, their Wives, Children, or Servants^ The Judge is thereby guilty as if done by him- felf .- providing the fame be done by his Command or Ra- tihabition. § 2. Judges are Partial, when they are moved to A61, ^'^f^^*-' or Forbear, either from fear of angring and difobliging* ' — '*' ^ Parties ^ Or from a delign and love to gain their Favour. By Ad of /'VHembly icth Angiifl 1648, Impartial Church Procedure is propofed as a general Remedy againft the growing of Sins in tlie Land. And the Ailembly 1 1 f^ June 1697, appoints Minifters and Members of Kirk-Sef- fions Impartially to exercifc Church Difcipline ;, And ex- cites them thereunto, by putting them in mind,, that in thefe Matters, they have to do with the Great and Ter- .rible GOD, whofe Honour and Favour is to be preferrM, and whofe Wrath and Anger is to be feared before all other Confideratlons whatfoever. By the 104 M^ 7 Farl Ja. 5. F f 2 Con- [228 1 , Coniulting, or giving partial Judgment, or taking of Bribes, is declared Infamous in any Judge. By the 93 AB, 6 FarL Ja. 6. the taking of Bribes, is difcharged to the Lords of Sefiion, their Wives and Servants, under the pain of Infa- my and Deprivation. Klegltgem g ^^ gy the Laws of this and other well govern'd Na- %.l fndga ^^^^^^ J^dg^s negligent in putting Laws to Execution, are CenjHrahu! puniftiable for their Remiflhefs and Negligence. And by AdofAllembly lamiary 30. 1699. It is Enaded, That whatever Minifter or Member of Sedion, be found Faulty in neglecting to purfue the Scandals therein mentioned, in their Stations, the faid Minifter or Member of SefTion be complained of, and cenfured by the Presbytery forthefirft Fault, and that the Cenfure be Recorded, and that the fe- eond Negligence te delated to, and cenfured by the Synod , And for the third Negled, they be cenfured by the Sy- nod with Sufpenfion from their Oflice, which is to be Re* corded in the Synod Regifter, vide Tit, 5. l^ib. 4. TITLE IX. Of 'Deforcejuent of Offii^ers. Veforcemnt, ^ i, -r -| Q\Y Citations are fometimes appointed to be Exe- M ~i cute, for preventing of Deforcement, viJe l^ik I. Tit, 2. §*. 6. Deforcement is that Force or Violence which oppofeth Church Officers while they are in the Execution of the Orders 6c Appointments of Church Judicatories. But if any Officer want his Orders in writ along with him, the Violence offered to him in that Cafe cannot be efpoufed by Church-Courts, as an Indignity offe- red to them, otherways Strangers might be Emboldened to affront C 229 ] afFront others by afTuming and pretending their Authority. Therefore, when any Injurie is offered or committed againil fo unexad and neghgent Church Officer, it is only to be Refented as if it had been done him when going about his own AflFairs. § 2. Whoever may be admitted Witneffes for proving Who Are ha- of other Offences may be fuftained as Witnefles to prove ^^^^ Mtneffes the Deforcement, otherways it may never be proven , But "^ ^^f^rce- then theWitnelTesmutt not be Purfuers or Compiainers,even ' ' though they were abufed , And if they do depone of any Wrong done to themfelves, they may be Rejeded as pre- judicate Witnelfes. T I T L E X. OJ. Murder^ 'ParrkiJey Duels, atid Self- Murder, § I, \ Mong the Eccieiiaftical Remedies Enaded a- j^^^ , , \l\ gainft Profancnefs, Aitguji icth i6/\2, Art. ^, Crimes come It is propofed to the'Coniideration of V v&^oj- tinder Chwch teries how Murder fhould be cenfured, in cafe the Magi- ^''.^^^'^^^^<'' ^ Urate do not his Duty in punilhing ir Capitally. And In that Form ofVrocefs^ Enaded by Allembiy 1707, Cap 6, Art, I. Murder, among divers horrible Crimes, is there E- numerated as the Objed of the Churches Cognizance ^ It is not Improper that Church-men underftandfomewh it of the Laws and Cuftoms relating to Criminal Matters, the Rele- vancy and Punifhment o£ many Crim.es being either foun- ded uppn or exprefled in the Word of God, vvhereot they are the Authorized Minifterial Interpreters. It is true, it may be feared, that Church Difciphne Ihall have butlinafl^ Succcfs upon obdured or monftruous Criminals 3 Yet, it^.^c- [230] being a Mean appointed by Jefus Chrift for Reclaiming of Sinners, it (hould on that account be Tryed, and no more Negleded than His Word and Sacraments, which very often have no better EfFefts. This Church hath very clear- ly Expreffed her Opinion about the Extent of theObjed of Church Difcipline, Ajjlm. 1638. Sejf. 23, 24- ^'r^. 13. _. - Where they ordain, That Difciplme in Rirk-Seilions ( for there all ProcefTcs againft Church Members do firft begin ^ ftrike, not only upon grofs Sins, as Blood-flied, &c. but againft all Sins repugnant to the Wcrd of GOD. Murder, § 2. Civilians define Murder to be the Rilling Man by J^^f» ^"^''^ Man, unlawfully 5 And they divide it into that which is CaM Homi- ^^^^^^^^^ CafualJy, in Defence, Culpably, or Wilfully^ Cafual Homicide is, when a Man is killed without either the fault or defign of the Killer, as if an Ax-head fhould fall off and kill a By-ftander, or, a Rider fhould kill with his Horfes hinder Feet. Cafual Slaughter or Homicide then, is that, which is occafioned by Miftake and juft Igno- rance : for if it proceed from affected Ignorance, as for in- flance, if a Man will not know what he may know, his Ignorance in that cafe will not make the Murder follow- ing upon it to be conftrufted cafual Homicide 5 But if it proceed from grofs and fupina Ignorantia^ it may be pu« nilhed by an Extraordinary or Arbitrary punifhment, but not by Death. It is then neceflary, that the Committer ufed all exad diligence to evite the Crime, elfe, he is not in the cafe of cafual Homicide. Further inftances where- of are, if a Mafon before he throw down Stones, adver- tife all below, tho' in the Throwing he Kill, he is to be cleared from Murder. Or if a Hunter (hoot at a Beaft, but a Man come in the way and be killed: and yet if either the Mafon Cry not, or if the Hunter did fhoot in a place where people ufe to be, he is judged by feme Lawyers to be guilty of Faulty Murder. If the Committer do what is againft the Law of Nature, or what is Criminal ; Or if what E 231 3 what he doth may produce ill Confequences and Murder, the' he defigned not the fame: In all which Cafes, he ought to be lyable. And it feems reafonable, thac he who Kil- led, when he was doing what was unlawful, may be Ar* bitrarily punifhed, tho' he did exad diligence to fhun Kil- ling. § 3. Homicidmm necejfarwm^ or Homicide committed Homdde in Seli-defence, is, vvhen a Man being purfued, or reduced '^^'^iT^Xic^ to inevitable Neceflity, has no way left him to evite his ^nA hm^lm- own Death, but by killing the Aggreffor : This is in Lslw ff*l Bomds called Inmlpatd TnteUy ox^ Moderamen incnlpat/t tntel^ -^^^ ^'^^'^^^ii*^ within which Moderation, if tlie Defender contain him- felf, he is noway puniftiable , And fo favourable is Self- defence, that the Exceeder is not lyable to the ordinary punifliment, but is'fpuniihable according to the Excefs, at the difcretion of the Judge. This Moderation is faid to be Exceeded in thefe Three, Firfi^ In Arms^ as if the Ag- greffor have only a Staff, and the Defender Wound him with a Sword or Piftol, the Defender' is in that cafe pu- niftiable. And yet this Conclufion is not infallible, for if the Defender was much weaker than the Aggreffor, he might be excufed to ufe fuch unequal Weapons, accord- ing to Mdckenzie on this litle. Secondly, Tfhe Defender is faid to Exceed inTtme^i he flrikc the h^gre^or,antequaf» fit in a&H proximo occidendiyiov elfe it fhould be lawful to eve- ry Man, upon the firft apprehenfion of Fear to kill the Ag- greffor. 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 Sword, tho' not drawn, or a Piftol, tho' not cock'd, if he hath ei- " ther of thefe, according to the forecited Author, he may be lawfully Killed, becaufe he is in a&n proximo offcndendi^ and yet he thinks the Defender may be Arbitrarily puni- fhed. Jhirdly, The Defender is faid to Exceed in the Mea,- fire^ as if he KillSd him for Wounding, whom he might have C 932 3 liave ihunn^d, or if he followed the Aggreffor. Aibek much be left to the Arbitration of the Judge, as to all the Three 3 Yet the general Rule is. That if the Defender Ex- ceed only in either of the Three, as v, g. in the Arms or Tifne^ the Excefs is faid to be culpa levijJimA : if in Two of thefe, as in Ti/ffe and A«/, then it is accounted culpa /ez/i/, and is puniftiable : But if the Defender Exceed all the Three, as in Time^ Arms and Wayoi prorecurion, then it is culpa lata^ but yet he is not punifhable as \i he had dolofi murdered, for tho* it be a Rule in Gmlihus, that culpa lata ^qntparatur dolo, yet it is a Rule jk Cnm'walibHs^ that culpa lata nunquam squiparatur dolo, nbi agitur de p£nA ' Bm Se!f-corpor/s affli&iva. This ExceptionI of i^elf-delence mull be defence is to pj-Qponed againft the Relevancy,and muft be condefcended SZ "POi^' ^^^5» ^^^^ Defender, or Pannel nowife acknawledg- ' ing the Killingjet if heKili'd, it was done in his own De* fence, in fo lar as the Defunft drew a Sword, and Thruft, or offered a Piftol. And though he prove not his Excepti- on of Self defence, he will not therefore be Condemned, except the Purfuer prove the Libel. The way of proving this Exception of Self defence is fo favourable, that it may be proved by Prefumpcions, aud by WitnelTes, other- ways Declinable, asCoulins, Servants, and Wimeffes who depone only upon Credulity. \Vh4t^ h § 4. Homicidium Culpofum, or Faulty Slaughter, is» Homicidlum where the Murder was not defigued, and yet it was com- ^f^«^^"h n^itt^^ meerly by Accident, as if one (hould Hound a Dog ZkUe? at another, who {hould Bite him at whom he was Houn- ded, fo that he fhould Die thereby, in that and the like cafe, the Offender is not to be puniftied with Death, but Arbitrarily, becaufe aherat anmus occidendi. The diffe- rence betwixt this and Cafual Homicide, is in this, The Committer verjatur in illkito, but not fo in the other, yet they both agree in this, That they wanted all defign of Killing. ~^ ♦ [233] 5 5- Wilful Murder i-» committed by fore-thought Fel- Wilful loiiy, and if he who intended to Kill one, did not by sL^f^^^ ^^^^ niiftakcKill him, but Killed another, yet he is to Die, be- J^f^f f/^o ta caufe he Killed a Man defigaedly. Since the defign of judged mmdt Rilling depends much upon the Nature of the Wound gi- ven, then where the Wound was not deadly, the In- flidtor tnereof cannot be puniflied as a Murderer, tho' the Perlon Wounded,thereafter Die ; And tho' fome be of Opi- nion, That if the Party live three Days after receiving of the Wound, the fame is thereby prefumed not to be Mor- tal .* Yet generally this is referred to the Arbitrimentofthe Judge, who is in ihis to follow the Opinion ol Phyficians, or ot onePhyfician, if more were not prefent: But if they Vary, then the Judge fhall not incline topunifliby Death, but by an Extraordinary punifhment: For Murder is not to be interred but from a concluding probation : and if the Wound be but fmall, and a Feaver follow, then 'it is prefumed that the Partie Died rather of a Feaver, efpe- cially if the perfon Wcunded walked a Foot for fourty Days.- And feing ordinarly. Wounds that are Mortal do kill the Receiver in that Time, it were therefore not hard to conclude, that he who dies thereafter, dies not of his Wounds it he has walked a Foot all that Time. rvr "^ if g 6. Night Thieves, Robbers, and Murderers, may bc^^^f^(^'|^^^ Killed without any punifhment, when private perfons are deren \ncl warranted to purfue them by Sheriffs,Juftices of the Peace, ■^'^^/^frfr/, or Privy Counfellors, and the Robber or Murderer Refifts ^^^"' »^^^?^' to be Apprehended. And by the Civil Law, it was law-" ^' ful for a Fa her to Kill his own Daughter, if he found her committing Adultery, and to Kill alfoher Adulterer: And if the Husband Kill the Adulterer of his Wife, he was only to be punifhed by fome Arbitrary punilhment, but not by Death. See the Title of the Fande3s de Adulter, But there is no fuch Decifion yet happened in this Coun- trey: In the Memoirs of the Marquifs of Langdkrie Prin- ( ) G g ted I 234 ] ted at Lofidon this year 1708, PageS$, the folio wing Pa f- fage is related, viz. A Citizen of Madrid ^ finding a French- mm and his Wife on the Bed, Stobbed them both. Atrer the Execution, he goes out with his Dagger in his hand, ftain'd with the Blood of thefetwo perfoiis, and prefenis himfvif before the judges, who were then upon the Bench. The CoUit of Juftice, without any other Formality upon the recftal'of the Aftion, declared him Innocent 5 This he fays happned in (he year 1700, and the Frenchman was a Gentlemin of the Ketinue of the French Ambaflador. Tighiers of § 7. Monof^achns, or, the Fighter of a fingle Combat, Vfislsj how xsjinguhs qnlpHgnatcumfiHgHlo, Bythei2.Adtot the i6.Par, f^nifhedand j^^^ 5^ j^^ fu^h fighters ate puniihable with Deaili, al- Unjmed. ^.^^ ^^^^^ ^£ ^j^^^ ^^ iiilledj and the Provoker is to be puniflied with a more Ignominious Death than the Defen- der. The giving or accepting Challenges to Fight, and th<5fe who'carry them, and the Seconds of fuch, maybe punlfhed by the Council Arhltrarie, although Combat fol- low not, becaufe they tend to difturb the Peace; The Gen. /JJemb. by their Adt 1648, difcharges Duels, and ordains all who fiiall Fight them, or Make, Write, or Re- ceive, or with their Knowledge carry Challenges, or go to the Fields, either as Principals or Seconds to Fight, the Contraveeners are to be brought intopublick twice, once in order to their being nebuked, and again, in order to the profeding their Repentance. ( but the Method of Cenfuring fuch now, is to be Regulate according to the 'F'crm ofProcefs Enaded by Aliembly 1707, ,of which more hereaiter Lih. 4. ) If fhe perfon guihy be Elder or Dea- con, he is to be Depofed, and v. hofoever fliall refufe to' fubmit to the Cenfure appointed by *he Church, (liall be Procefied to Excommunication. And by dip 14. /.rK 5*2. cf J he French Church Difcipline, the fame upcn the mat- ter is En^ftedo. ST [ ^35 g 8. Self murder is puniilied with Conftfcation of Move- Self-Murdef abics, and Ch'iiUan Burial is denyed them. Furiofity and ^^^ pt4ni(he^^, Madnefs ought to defend againft this puniihmenr, evcn^^'^^.^^^^^^f' tho' he havh Lucid liirervals, feing its more Humane to Us pmijb- prcfume he killed himfeli in his Madnefs, except it can^w^ be proved, that he ufcd even in his Lucid Intervals to whli he were dead, or to commend Self-murder. An en- deavour to kill ones felf, is punifliable byConfifcaiion, as Selt-murdcr. But it may be reafonably feared, that the in- flidtingchat Punifliment upon it, will tempt the poor Crea- ture to renew its Endeavour with better Succefs. Self- murder may iikeways be committed by Omiffion, as if a Man (liould dcfignedly Starve himfelf. §- 9. Parricide is a Crime which is committed by Rilling TanicUe our Parents, or, by the Civil Law, Afcendents or DQ-^^^b.^^,^^^^ fcendents in any Degree, By the 220 A&: Pari, 14^ Jac,'^ ^ * 6. Paricide is punilhed only in him who Kills his Father, or Mother, Good-fire,or Good-dame, and they are ordained to be DiOnherited /» lj»ea re^a. S ^ •'• ^y ^^^^ 2 1 A6t of K. W. 8c M, Par. For prevent- '2i^urder ef ing the Murder of Children, It is Enadted, That if any Children, hjiv Woman flria 11 conceal her being with Child, during the P^^^^^; whole fpace, and (hall not calltcr and make ufe of AiTift- ance in the Birth, the Child being found Dead or a Mif- fing, the Mother {hall be holden and repute the Murderer of her own Child, tho' there be no appearance of Bruife or Wound upon the Body of the Child. . ff u. The ta'king of Potions to caufe Abortion, after 'Monm .ihe Child was Qiick, ihould be Capitally punilhed, tho'-?"^^^-'' M- the ufing fuch means before the fdtus fnit aniwatusj^"^^''^^ or to hinder Conceprion, is to be puniilied Arbitrarily. By the 91 Canon Concilii fexti in Trullo, it is thus deter- mined, has qua ddjjt Abortionem fackntia Medicamenta^ C^ qua fatHS mcantiavsrjena accipinnty HomimU ^anis fftbjici* mus, C § 2 ( -) . § 12, *The E- ^ ^^' l^f the Expofed lafants do thereby die, the Ex- pjcrs of In- pofers are as guilty as the Takers of Abortive Potions, e- fants, how fpecially if the place was folitary and remote from Society, pmifhed, and ^^-^^ where Beafts might devour them . But if they were Baftardt Expofed where people refort, and might eafily be feen, " ' thefe who laid them down are only to be punifhed Arbi- trarily. Since in this Land moft rarely are Children law- fully begotten ever Expofed, therefore we are not obliged to repute them orherways than unlawfully begotten, fee M(itth£Ms de Crim» Expof. Infant, The Parifh where fuch Children are found, is certainly at firft, to bear the burden of their Maintenance and Education. TITLE XL Of Incejl, Adultery^ Bigamy^ Rapes^ Formcatton, Et de Venere Monftrofa. In'cefiwhat,^ I. iNceft is Defined by Civilians, to be, f^da&ne- %nUn4s,and Jj jaria maris (^ fAmin^CommixtiOy contra reverenti- hm pmijhed, amfanguini debitam , and they divide it into two kinds, viz,. That which is againft the Law of Nature, of this lort is all Copulation between Afcendants and De- fcendants^ The other Branch, is that, which is againft the Municipal Law of the Countrey, but our Law does not obferve this diftindion, for it is Ena(^ed by Pari. i. Jac. 6, AB, 14. That whofoever pollutes his Body with fuch perfons in degree, as GOD's Word doth contain, Levit, 18. (hall be punifhed with Death. By the Ad of Aflembly 1648. Sejf, 38. Inceftuous perfons, in cafe the Magiftrate doth not punifh them Capitally, are to make publick pro- feffion of Repentance for thefpaceof52 Sabbaths 5 But this , C 237 ] this Ad is Innovate and Amended by the /^th Ad of ^ffew^» 1705, and the 11. Ad of /Ijffem, ijoj, J 2. Adultery is the vioiation cl anothers Bed j Hence ' Aduken fome give its Derivation ad alterias thorum^ and is com- tvhat, raitted by Married perfon s lying with an Unmarried, or an Unmarried perfons lying with one who is Married. If the Woman with, whom the Adultery is committed was at that Time living as a common Whore, and the Commit- ter was a (ingle Man, and knew nothing of her being Mar- ried, his Puniflimcnt fliould be moderated en that account, but if the Man was Married, the Crime is the fame, whe-' ther the Woman was a Whore or not, it being ftill a Vio- lation on his part. And that the lying with a Man's Be-; trothed or Affidat Spoufe, may be conftruded Adultery,! fee ?ag, 146, 147. For he who lyes with one who is to be' ftiortly Married, renders the Succeffion as doubtful as he] who lyes with a Married Wife. ,1 % 3. Notour Adultery is by the 74 Ad ?arl 9. Qu. Af. 7/>? diffei Declared to*be punifhable by Death, after Premonition is '"'^J^^^^^tmxt ' made to abftain from the fame manifeft and notour Cri me. ^J^f^^ "m^- Yet by the Explication of this Ad given by 105 AB Par. tery, ' 7. Jac. 6. That is only declared to be notour Adultery, where, /"iVf?, There are Bairns ane or mae procreated be- twixt Adulterers. Secondly^ When they keep C ompany or Bed together notorioufly known. Thirdly, When they are fufpeded of Adultery, and thereby give Slander to the Kirk, whereupon being Admonifhed to fatisfie the Kirk, they contempt uoufly refufe, and for their Refufal are Ex- communicate. If either of which three Degrees be proved before the Juftices the Committers are punifhable by Death* J 4. Albeit there be noexprefs Law for infliding Death ^^1 1 upon ordinary Adulterers, yet Mackenzie on i)[i\s Title thinks^ how pt!n$l that Judges are not hindred to inflid the punilhment of *^/^- Death upon ordinary Adulterers, by any thing exprefled in that forecited Ad oijac, 6. Otherwife, it fliould bean Ad C 538 ] A6J: in prejudice of the Law ot GOD, which exprefly or- dains Adulterers to be put to Death, Deut. 22. by "jtifH- vian% 134. N. Cap. i«. The Civil Law is altered, appoint- ing Death to be iiiflided upon Adulterers. And by dr; Law cf moft Naiions, Adultery is only puniihed by pecu- niary Muids. Wiih us notour Adultery has been puniflied with Death, and (ingle Aduhery Arhitrare., 'Hor^the ' S" 5- By the Ad of Afferab. Ang.-^. 1642. All Presby- fiZ JdSe-^^^^^ are ordained tD give up to the Lords of Jufiiciary^the 'Vers. 'Names of the Adulterers and Inceftuous perfons, Witches and Sorcerers within their Bounds, that they n)ay be Pro- cefled and puniihed according to Law. ByAflembly 164,8. Sef 38. A perfon being* once guilty of Adultery, is [o make publick prokffion of Repentance twenty fix Sibbaths in Sackclorh, and a R.elapfe in Adultery three Quarters of a Year; But this A6t is Linovate and Amended by the fore- cited fofirth Ad of AiTerably 1705. And by that fame Ad 1648, perfons guilty of Relapfein Adultery are to be more fummarly Excommunicated. ^ The Mat- § ^. Since Adultery is only committed by married Per- '?i^ge o!^ght to {^onSy it is therefore requifite that the Libel in Adultery he proved Mi f^^^ar, that fuch perfons were Married, and except it be on is requifite P^oven or be notour to the Affize, they fhould not File the {nMultery. Pannel, tho* Copulation be proved. Adultery may be proven by ftrong and violent Prefumptions, as the being in Bed together alone, and being Naked, and the being frequently alone together: Like wife Gifts, Love- Letters, Clofe Doors, the Wife's beiiig Abroad all Night, the En- tertaining perfons that are known to be Pimps, and Co- habitation, are all Prefumptions, upon which it is ordinary for Affizes to File Pannels, with theaffiftance of any other Probation. Ho^ (he is J 7. By the 11. Ad of Afef^h. 1707 Cap. 4. If theWc '£lyesZh'"^^^ who hath brought forth the Child, doth declare fhe ^n unknown knowcth not the Father,6c chat flie was not Forced,whether M.^"\ Married . [ 239 ] Married or Unmarriecl,v the fameCenfure is to be infli^led upon her as in the cafe ot Adultery. But it fhe ailedge' (lie was Forced in the Fie'ds by .a perfon unknownja that cafe the former Behaviour ol the Woman fhould be inqui- red into, and fne ferioufly dealt wiih to be ingenuous ^ And if fne hath been of iV//Ve Fam2,(h^ miy be put to it to declare the Truth, as if fnnvere upon Oath, but not with- out the Advice of the Presbytery, aj^id no formal Oath fiiould be taken. § 8. In our Law a Man marrying two Wives, or a Wo- Blgdmy man marrying two Husbands, commits Bigamy .• hndw^-^-t,^nd its this is accounted by the 19 AO: Pari: 5. Q M. a Breach ^■'^'^^^'^^"^• of the Oath madfe ac Marriage, snd therefore is puniiliable as Perjury, by Confifcation of all their Moveables, Ward- ing of their Perfons for Year and Day, and longer during the Queens Will, and as infamous perfons never to bruik Office, Honour, Dignicy, or Benfice in time coming. Ic may be doubted if Quakers can be puniilied as Perjurers, feing they give no Oath ac Marriage, and certainly they fliould, feing Marriage implyes a Vow, tho' no Expiicite Oath be given. It may be doubced alfo if the two per- ^^ fons marrying be guilty of Bigamy ea ipfo that they Marry, though becaufe of feme interveening Accident they Bed not, but feing by the fecond Marriage they give contrary Oafhs, certainly they are guilty of Perj^ury : for Perjury hQ\ugx\\Q Medium peccatim ihisCxixv.Qy and not- copulatio or cqUhs as in Adultery. Reatits ccjtrahitur per corjtraria vota § 9. Pvape, or Ravifliment, is that Crime which is- ARapi,^ committed in the violent carrying away a Woman from'* -' ''''^ *^^ one place to another, fur fatisfying the Ravmicrs Luiv. ^ and is in the Civil Law punifliable by Dearh. L* V». C, de Rap. Pirg. &c. The Canon Law defcribes it thus, Efl' r,api?2a. d^ vtoUntia qit^zdam^ qua ntnlkr de cnj^ts miptiis nihil A&nm ejl anfea^ abdhcitury invhis parsnfibus. By the 4- Aii [ 340 ] Aft Fart. 2 1. Jac. 6. It is deelared, That albeit the Con; fent and Dedaratioa of the Woman Ravifhcd, declaring J that fhe went away of her own free Will : may free the " Gommitter from Capital Punifhment, yet ihall it not free him from Arbritrary Punilhment ^ Which Ad infinuates that the Crime with us is otherwife Capital. 'Minors' S »o. Since Minors are punifhable for Adultery, much andjfich AS more ought tliey for a Rape : for Men in thefe Years, are force common jxiore prone and liable to perpetrate fuch Extravagancies, ZiT/habUr ^^^^" ^^^" ^^ ^ greater Age. 1 hough it may feera that * Whores are wjra legum obfirvantiam, and ought not to have Protection from Law, who offend againft it 5 Yet if the Whore be now become a Penitent, and Reconciled (o the Church, and for a long Trad of Time hafli had a Chade and Laudabe Converfation : It may be doubted, if the Ravilher of fuch a perfon, may not be punifhed p£fia or din aria* . , § u. Fornication is committed by the carnal know- fvUt^'anlhm ledge of unmarried Perfons, the Canon Law diftinguifheth fmifhed mi thus, ftuprum ( fay they ) efi Virgiiiis defloratio, & illicitus Cenjarel ^j^^ vidfia concubitus. That Law commands fuchAbufers of Virgins to Marry them, the Parents confenting thereto, and if ihey refufe to do £0, his Body is to be Chaftifed, and himfelf Excommunicated, ^ut if the Father of the Corrupted Virgin will not beftow her upon him in Mar- riage, then the Man is obliged to give her fuch a Dotvry as Virgins of her Degree and Quality ufe to get. That fame Law fays, (imple Fornication is Concubitus fohti cum fohu & impudica. The punifhment whereof is left unto the Judges difcretion. That there ftiould be a diftinftion of punifhment inflidted upon the Deflowrers of Virgins, and Abufers of honeft Widows, from thefe who abufe themfelves with fuch Women who have finned fo already is very reafonable. By the Ad of Aflemb. Af^g* 10, i^48« Fornicators are to make profefEcn of their Repentance three C 241 ] three feveral Sabbaths , Who is guilty of a Relapfe there- in, fix Sabbaths ^ Who is guilty of a Trilapfe, twenty fix Sabbaths 5 And of a Qyadrilapfe, three Quarters of a Year, all in Sack-cloath, and are firft to appear before the Pref- bytery, confcfling their Sua there, e're they be admitted to publick profeflion of Repentance for it .* But this Adc is Re- formed and Amended by the Form of Frocefs Enaded Af- fembly 1707, of which hereafter. By Cap. 38.8^ i. Farl. I. Car, 2. Fornication is Fineable in 400 lih. to Noblemen, 2cc libs, the Baron, 100 lib. the Gentleman and Burgefs, and ten pounds every inferiour Perfon , And that the Pain be doubled Toties Quoties^ and to be Levied off the Man as well as the Woman, to be applyed to Pious Ufes. But if Fornicators be Infolvent, they are to be pu- nilhed Corporally, according to the 13?^ AEt^ ?arL li?, Jac. 6tb. § 12. Albeit the fubfequent Marriage of Fornicators what defends may Defend them from Civil punilhment, and likewife Le- againft the gitimates the Children begotten before Marriage, according Pftnijhment. to the prefent pradice. Yet the Church doth not Judge the Scandal given to be thereby Removed , and therefore by thdx Adi June II. 1646. they Appoint all Married perfons, under publick Scandal of Fornication before Marriage, although the Scandal thereof hath not appeared before Marriage, to Satisfy publickly therefore, their be- ing in the ftate of Marriage notwithftanding, and in the fame manner they (hould have done if they were not Married. § 13. According to Matthens de Cnmmihus^ -^^'^"' VenusMon- firofa l^emts eft qudicunque vel viriwi vel foemina?n menti- ftr-fa, hotv tur. With us the Confeflion of Sodomy it felf, without P«''{/^^'^- any other Adminicles is fufticient to Inferr the punilhment of Death, except the Confeifor be known, or at leaft fuf- peded to be Diftempered. Bediality is likeways puniih- able with Death, and the Endeavour is as highly punilh- H h S' able. [ 242 ] able, if the Delinquent was only hlndeted by others , In both thefe Crimes Witneiles who are lyable to Exceptions will be received, becaufe of the Atrocity of the Crhiie, as fome Authors think , See Mkenzie on this Title. We have Keafon to blefs God that thefe Crimes are rarely commit- ted, and fome of them not fo much as known in this Land, and therefore never any particular Statute againfl them hath yet been made. But our Libels agiinft them, Bear, That albeit by the Law of the Omnipotent God, as it is declared Levh, 20. As well the Man who lyeth with Man- kind, as the Man who lyeth with a Beail be punifliable with Death, &c. The ordinar Punifhment in both thefe is Burning, and the Beaft is alfo Burnt or Drowned, with which the Beftiality was commited 5 Partly for the preven- tion of Monftrous Births, and partly to blot out the Me- mory of fo loathfome a Crime. TITLE XIL """^ * Of Tenny Bridals^ Vroniifcuous 'Dancing, Stage IPlaygSy ImmodeBy of Apparel, Drmikennefs, Tipling^ and ABs in General againH Frofanenefs,, Penny-Wed-^ I. TT^Enny-Weddiiigs are neither by our Givil nor Ec- iingsMwRcz Y^ clefiaftical Conftitutionsabfolutely Discharged, -^''^^— for that were to deprive the poorer fort of the Satisfaction of meeting with their Friends on that Gccafi- on. But our Aflembly confidering that many perfons do invite to thefe Penny-Weddings exceflive Numbers, among whom there frequently falls out Drunkennefs and Unclean- nefs, for preventing whereof, by their Ad February iph 1645, They ordain Presbyteries to .take fpecial Care for Re- [ 245 ] Reftraining die Abufes ordinarly committed at thefe Occa* lions, as they (hall think fit, and to take a ftrid Account of the Obedience of every Seflion to their Orders therea- nent ; And that at their Viiitation of Parifhes within their Bounds j Which Ad is Ratified March Stb 1701. And by the 12?^ Sejf, AJJenu 1706. Presbyteries are to apply to Magiftrates for executing the Laws relating to Penny Bridals, and the Commiflion upon Apphcation from them are to apply to the Government for obliging the Judges, who refufe, to execute their Office in that Matter. By the 14?^ AB^ 'Pari. 3^, Car, 2d, It is ordained, That at Marriages, befides the married Perfons, their Parents, Bro- thers and Sifters, and the Family wherein they live, there (hall not be prefent above four Friends on either fide. And if there fhall be any greater Number of Perfons at Penny- Weddings, within a Town or two Miles thereof, that the Mafter of the Houfe (hall be fined in tbe Sum of five hun- dred Merks. ff 2. The General AfTembly by their Kd: July K^th, Promjcaom 1649, Finding that Scandal and Abufe arifes through l^ro- Dancing cen^ mifcuous Dancing, do therefore difcharge the fame , The/**^^^^" Cenfure thereof is referr'd to the feveral Presbyteries : Which is Ratified March Stb 1701. By the Church Dif- cipline of f r^?7C(f, Cap. 14. Art. 27. thefe who make ac- count to Dance, or are prefent at Dancing, after having been fcvcral times Admoniihcd, fliall be Excommunicated upon their growing Obftinate and Rebellious, and all Church Judicatories are to fee this Ad put to Execution. By the $3 Canon Concilii Laodiceni, Non oportet Chrislia- nos ad imptias venientes hallare vel faltare, fid modesia Cdinare vel prandere, tit decet Chrifiianos. § 3. By the 2^ Art. of the forecited Chap, of thtFre?ich Church Difciplinc, Chriftian Magiftrates are exhorted not l^"^^'^^"^"* to Tolerate Hocus Pocns, and Slight of Hand Y'laj's, mrdcmn/f^'^' Puppet and Sta^e ?Ljj>ers, neither ftiall it be Lawful for H h 2 f Be- [ 244 ] Believers to affiit at Qomedies or Tragedies^ and fuch other Plays, aded in publick or private, feing that in all Ages they have been prohibited among Ghriftians, as tending to the corrupting of good Manners. Neverthelefs, when in Colleges it (hall be thought lit that Youth may Reprefent fome Hiftory, it may be Tolerated, providing it he not contained in the Holy Scriptures, and done very feldome, and eveii then by Advice of the Colloquy^ which fhall firfl be fatisfied with the Compolition. in the third Book of the Dtgefts^ Tit. 2. Dehis qui notantur hifamia. L. 2. 5 5. fub Fi?h Eos enim qui qu^Hus caufa in certami^ia iiefcendmit, ^ omnes propter premium in JcAnam prodenn- tes, famofos effe. Jmmiiefyof S 4" By the 2'ythArt. of the above-cited Cap. of the 'Apparel con' French Church Difcipline, The Churches fhall advertife demned» Believers to ufe great Modefty in Apparel, and (hall give order to abate the Superfluity therein Committed. Never- thelefs the Churches fhall make no Law thereabout, the making of fuch appertaining to the Magiftrate. And by the 26 Art. All perfons who wear Habits that have open Marks ofDilTolutenefs, Shame, and too much Newnefs, as. Painting, Naked Breaftsand the like, the Confiftory fliall life all pofiible Means to fupprefs fuch Badges of hnmode- fty by Cenfures. Ail Obfcene pidures, which are apt to difpofe and incite to unclean Thoughts and Defires, are niufh Improper Furniture for the Houfes of Chriflians, and therefore the Ufers of them may fall under Church Cen- fure if they be not removed. Mednsml § 5' Temperance is the Golden Mids between Abfti- Confidi'vations nence and Intemperance \ for attaining whereof, when we ftr prevent- .:,j.g fufhciently llrengthened and Refrefhed with our Or- Sf "'^^"^ry ^i^^s> we fhould abflain betwixt them, and if we will not fuffer our felves to be thus Rationally bounded I cannot fee how we can otherways eft hew the evil of be- ing tempted to Excefs in Drinking, bah from the fpeci- ous C 245 3 ous pretences and Solicitations of our own Voluptuous- Tempers, and the Inticement and Example of others : ' And if we Tranfgrefs the Bound above-propofed, we can- not but fall into Tentation, Fox as Car J, Bofia, de vitA ChriJlianA principiis faith, f^pe nefcimus iitntm fubfidium petat inevitabilis corporis cura, an fallacia concupifcenti^ nos decipiat^ 4bt f^ t"^^^^ ^^^ ^^^^ ^^ Defign and Mahce, more meekly pun- Si, InT i^^^ ^^1^^ others, efpecially if they were Clieated, upon cm Contra^. Delign, into that Condition by others. And in this Cafe, the Law Diftinguifheth inter Ehios, who are rarely Drunk, and Ebriofos^ who are habitually fuch j For thefe laft fhould be moft fevercly punilhed, ' both for their Drunkennefs, and the Crimes occafioned by it. And fuch as make themfelves drunk, upon defign to excufe or lelTcn thereby the Sin they ar^ to comnjitt, merit no favour 5 And fuch as know they were fubjed to Extravagancies in their Drink, merit as little. Perfons that are Incapable and Stupid through Drink, the Law not only forbids People to Contrad with them, but makes all Contrads then made Reducible on that Head ; The Law is fo far from counte- nancing Fraud, that it Repairs the Lijured againft it , Sec Stairs InBit, pag, 98. and 6c 2. Treslyttrus S ^' % ^he 40 AB, Sef. 4. Pari K. T^. and Q. M, ^ay Appoint Presbyteries are ordained to appoint Informers againft, and Informers A- Profecuters of profane Perfons, within their Bounds before ^JndhoM- tli^ Ci^j^ Magiflrate. And by the i ^th Ad: of the follow- gejreffiftngtoin2, Seflion of that Parliament, all Magiftrates are flridly punijh the required fto execute the Laws againft Profanenefs at all fame fire b'xxmtSy and againft all perfons, whether Officers, Souldiers, ■ * or others without Exception, And if any of thefe Judges ftiall refufe or delay to put the faids Laws to execution u- pon Application from Minifter, Kirk-Sedion, or any in their Name, giving Information, and offering fufficient Probation againft the Offender, that every one of the Jud- ges fo refufing or neglcding, fhall, Toties Qumes, be fub- jed [247 ] led and lyable to a Fine of an hundred pounds, to be ap- plyed for the ufe of the Poor of tlie Parifh where the Scan- dal was committed. Declaring hereby, that any for the Kirk Seflion or JVlinifler, having their Warrant, may pur- ine any of thefe negligent Judges before the Lords of Sefli- on, who are ordained to proceed Summarly, and that it (hall be a fufficient Probation of the Judges Refufil, if the Purfuer Inftrud by an Inftrument under a Nottar's Hand, and Witneffes thereto Subfcribing, and Deponing thereupon, that he made Application to the faid Judge, unlefs the Judge fo purfued, condefcend and inftrud, that within the {pace often Days after the faid Apphcation, he gave Order to cite the Party complained on, within the fpace of ten Days, and at the Day of Compearance, he was ready to have taken Cognition of the Scandal complained on, and inftrud and condefcend on a Relevant Reafon why the Laws were not put to Execution. By the 3 1 Ad of the 6 ^ejf. of K. W, ParL It is Ordained, that in every Parilh, ^^^^/^ ^"^^ where any of the ordinary Inferiour Judges happen to Re-^S/^/'^ fide, they (hall execute the Laws againft Profanenefs, andf^c^. Their Mocking Religion and the Exercife thereof, at the Inftance Sentences not of any Peribn whatfoever who Ihall purfue the fame *, Cer- -^ ^' i^'^Tl tifyingthem if they fail2dc therein, either by themfelves, ^ ''•^^ or their Deputs, the Lords of Seflion will appoint Judges m that part. And ir\ other Pariflies where no fuch Magi- ftrates do Refide, It is Ordained, That the forefaidPerfons (hall appoint Deputs for the faid Panflies, with the Power and for the End forefaid, fuch as (hall be named to them by the Heretors and Kirk-Seflion thereof. But, really, it IS Forreign to Members of a Church-Sefiion, confidered as fuch, too chofe or prefent a Civil Magiftrate, even as it is to a Civil Court, as fuch, to choofe or prefent the Mem- bers of a Kirk-Seflion. And farder, they Difcharge Ad- vocation, Sifnpliciter, of Procefles, againft Immorahty from thefe Pariih Judges 3 And likeways, all Sufpenfions of their [ 248 1 their Sentences without Confignation or Liquidate Dif- charges. It is alfo Ordained, that in Cafe of Calumnious Sufpending, the Lords of Seffion, decern a third part - more than is Decerned, for Expences , And Likeways, they Appoint the Fines to be Inftantiy payed in to the Parilh Coiledor for the poor, or the party hiiprifoned till fufticient Caution be found for payment of the fame, or otherways to be Exemjjlarly punifhed in his perfon in Difference in cafe of inability. It is alfo Enaded, that no pretence of Religion ex- Different perfwafion in Matters of Religion, fhall Exeem ChJrcTim^ ^^'^^ Delmquent from being Cenfured and punifhed forfuch jftre, ^ Immoralities,as by the Laws ot this Kingdom are Declared to be puniftiable by Fineing. And it is Reconmiended to the Privy Council, to take further EfFedual Courfe againft profanenefs, and for Encouraging of fuch as lliali Execute the Laws againft it. Vijciplineto § 9- By the Afts of AiTembly for fuppreffing profane- h faithfully nels, they Appoint as follows. That Church Judicatories -Ej^f^f^M €^ execute Difcipiine faithfully againft allScandalousConver- htw^^is^h fation, and in Particular, againft Drunkennefs and Swear- ^^monifhed, ing, but with that Gravity, Prudence, and Meeknefs of Wifdom, as may prove moft Effedual for Reclaiming them. And Minifters are to be free with perfons of Quality for amending of their Faults, and if it be found needful, Pref- byteries "are to Appoint fome of their Number to concurr wlf'/twith theMinifterin admonifhing fuch. Mafters of Fa- mnials,7heir milies are to receive no Servants, but fuch as have Tefti- Contems, inonials of their honeft Behaviour, and none ought to get Teftimonials, but fuch as are free of Scolding, Swearing, and fuch like more Common Sins, as well as Fornication, Adultery, Drunkennefs, and other heinous grofs Evils. And the Ordinary time of giving Teftimonials is to be in face of Seflion ;, But if an Extraordinary Exigent happen, let it be given by the Minifter with Confent of the El- der of the Quarter. If they have follen, or Relapfed into Scandalous C 349 ] Scandalous Sins, let their Teftimonials bear both their Fall and Repentance^ But it were more Charitable that the Scandal were fuppreffed, and remembred no more. And Perfons of Quality removing to Edfnburgh]px elfe where, with their Families and Followers, if they carry not Tefti- monials along vvith them, the Minifter from whom they Remove, fliall Advertife the Minifter to whom they come, if to his knowledge they be lying under any Scandal. It p[-f^'f"^ /^^ is Recommended to Minifters, Presbyteries, and SefTions, ^//"^J^^JJ" to meet together for private Fafting and Prayer, smd Con- Days for Pray- ference about the State of the Church, with refpeft to the'*'''. ^'^ f^J^ Growth and Decay of Godlinefs, and'Succefs of the GoG 5«J^^^S J^'! pel ^ and in thefe Days the Presbyteries ought to pafs their nifters to be privy Cenfures, and both Synods and they are Exhorted tof^^^^^nt, i^ perlorm them with more Accuracy, Diligence and Zeal. '^^^''^*^* It is Appointed, that Minifters be frequent in private perfonai Conference, with thofe of their Charge, about the ftate of their Souls. And Presbyteries are to take fpe- cial Notice of Minifters, who do Converfe frequently and ordinarly with Malignants, and with fcandalous and pro- fane Perfons, efpecially fuch as belong to their Parishes. Whereas Men of Bufinefs for their coo late fitting in MenofBH-^ Taverns, efpecially on Saturdajs Night, do pretend Pve- JJnejs not t9 laxation of their Minds ^ Therefore it is Recommended to^^ excujedfor Minifters, where fuch finful Cufloms are, toReprefentthe J-^'''^;;f J^*" Evil thereof both publickly and privately, and call fuch to 1^^ SrSi Redeem that Time, .which they have irom Bufinefs, and'^^^? h^ve imploy the fame in Converfing with GOD. It is Appoin- '^^P^'^oni^^^, ted likewife, that Carriers and Travellers bring Teftimoni- als from the Places where they Rcfted on thefe LORD'S Days wherin they were from Home, to their own Mini- fters. An Abftraaof all Ads of Aflemblies againft Pro- •Mr^as of fanenefs, is to be got and Printed, an* alfo it is Over- ^cls #/ ?^r- tured. That an Abftraftof all A6ts of Parliament againft ^'^j^^'^f /^^ . the fame be gotten. And each Presbyterie is to hear the^J^^J;^ t I i fa me If ^of. > C 350 ] fame Read twice a Year, at two Dyets to be appointed for that tff.a:. And it is likewife Recommended to Presbyte- ries, to prepare Overtures to General Aflemblies, thatthey being found proper Means for Curbing of Vice, may by . ^''^A \ chera be Enafted. It is Appointed, thar perfons grofly Ig- tcCenhrTd. " norant be debarred from the Communion, for the firft and fecond Time, fuppreffing their Names, for the third Time expreffing their Names,& lor the fourthTime let thera be brought to pubUck Repentance .• This is to be under- ftood of thofe that profit nothing, nor labour for Know, ledge 5 for if they be labouring to profir, they ought by the Aft of Aflembly to be Treated with more Forbear- ance. All which Means for fupprefling of Profanity, are Enacted by Aflemblies Aug, lo, 1^48. JpH 14, 1^94. jf#.*3. Cap. 18. By the Ad of the General Affcmb. September 1. 1647. It is Recommended to Pref- byteries, to confider of the beft Remedies, for preventing Abufes committed by Beggars living in great Vilenefs, and many of their Children wanting Baptifm. TITLE C 255 TITLE XIV. Of Art and Part, 5 I, ^'T-^ Hefe who are Affifters by Counfel or otherwife, -^^^ ^^^ X are in our Law (aid to be j^rt and Part of the p^^r/ExpUh^ Crime, by Art is meant, That the Crime was ed, contrived by their Art and Skill, eorum arte'^ By Part, is meant. That they were (liarers in the Crime committed, when it was committed, Et quorum pars magna. The Ci- vilians ufed, in place oi Art and Part, op'i& Confilio: by our Law fach Affilters are called Complices. g 2. By the 151 Aft Pari. 11. Jac, 6. -It is ordained, Bovf far That nothing can be objcded againiithe Pvclevancy ofrhat'^'^^^'^^ ^^"" part of the Summonds, which bears, that the perfons^"^^"^ ^"^r. complained upon are Art and Part of the Crimes Libelled. But the judge here is toconlidcr, whether the Advifergave the Counfel upon the account of former Malice, conceived by himfelf ; Or if it was only given in Evefentmcnt of any Wrong done to the Committer, and is to bemore fcvereJy puniihed in the firO: Cafe than in the lallc. Secondly, In the cafe of Advice, the Advifers Age is much to be coi^iidered r for tho* Minors, and thofe who are Drunk may be punifli .d for Murder, yet it were hard to punifli them lor Advice. Thirdly, The Words in which rhe Advice were conceived, (hould ftill be Interpreted moftfevourably for the Advifer,. for Words are capable of feveral and diftinft fenfes, as they are underftood by che refpedive ^Speakers, and they Vary by the very Accentor Punftation. Fourthly, If the Ad- vifer retva. 2.6'e<^. 8. _ t, ^ V^* An Accufation, though unduely given, (houldj/;;'^^^, have this Efted, as to prompt the judicatory to Enquire ^^fy^^/ow/DH and Search into the Truth of the Things R^eprefented 5 /^«'9»,c?;£^J This gives no Allowance to fearch and pry into Faults ex"P^^^^ Icvibus conje^uris^ but the Wartant for it ftiould be founded upon Fama, publica^ clamofa^ &> fre^mns, A Delation is a verbal Information or Intimation made againft fome per- fons, for Faults and Offences, unto the Members of a Church Judicatory. By the Canon Law, an Informer or Delator doth differ from an Accufer in this. That he is not obliged Ir^fcribere itt Crimen, neither incurrs he any penalty albeit the Information be not proven 5 And by the II. Aft Ajjemb, 1707, Cap. 2. Se&, lo. The Informer ^^ j^. may be a Witnefs, except in the cafe of pregnant Pre-/orwfr »? J &§ fumptions of Malice againft the Perfon Accufed, or where *? W/«f/^ he formerly Complained for his own Intereft. Many times Offences Sc Scandals are difcovered to Church Judicatories, by the Exceptions or Objeftions proponed by Parties againft each other ^ I confefs, there ufeth to be too much Liberty taken for Recriminations in Procelles, which at any ^^.t'^Pcfe other time were more Inexcufeable. ^re to jJtufy, § 15. When perfons guilty of Uncleannefs Live in dif- ^ ^^^f ^^; ferent Pariflies, theProcefs and Cenfures againft ibem are 'Ji^^^''^^^^^!^ to be before that Seffion where the Woman liveth, or pZljs' (on ' ( ) Li where VncUmnejK C 266 1 where the Scandal is moft nottour. If the Uncleannefs be committed where neither Party Refides, as perhaps in the Fields, pr in. time of Fairs or Markets, in thefe Cafes, they are to be Procefledand Genfured where their ordinary Abode iSj except the place of their Abode beat aconfide- rable diftance from the place where the Sin was commit- ted, and the Scandal be moft flagrant where it was com* mitted. The Seflion where the Sin is to be Tryed and Cenfured, is to acquaint the other iS'effion where any of the Parties Refide, who are, ex dcbito, to caufe 6'ummond them to compear before that Seffion where the Scandal is to be Tryed: Church Seffions are not to enter upon Procelles for Uncleannefs, where there is not a Child in the cafe, unlefs the Scandal be very Flagrant; For, upon the one hand, many of thefe Anions, which give occafion to the raifing the Scandal of Uncleannefs, are fuch as are not themfelves alone publickly CenCurable, but are to be paft by with a private Rebuke.- Yet on the other hand, fome of thefe Aftions, which come under the Name of Scandalous Be- haviour, may be fo Lafcivious and Obfceiie, and clothed with fuch Circumftances, as may be as Offsnfive and Cen- furable, as the A6t of Uncleannefs ic felf, Ad 11. AJJkmh, 1707. Cti^, 4. T I T L E n. OftU TvAnfA^ioft^ AndrVrefcripti&n of Scandals* 7rMf.mons^ I- ^Hough a Party who commenc'd a Procefs^of htwixt p/ir^ \ X Scandal, doth Difclaim or Renounce the lame, fits doth not " yet the Ghurch may proceed 5 for Tranfadions M lm4^i between Parties, cannot take away the Churches Intereft in reipoving I 267 ] / removing Offences 5 Yea even tho' a Party hath been Dif- miffed for a time through want of Probation, ii it (hall afterwards Emerge, the Procefs may thereupon be Wake- ned. § 2. By the 11. Aft Affemb. 1707. Cap, 1. J 4. The The tml feveral Judicatories of this Ghurch ought to take timeous/''^ri/"^''^F<; Notice of all Scandals : But it is judged, that if a Scandal '.^y//"^^^^^^ fhall happen not to be noticed in order to Cenfure, for the&f le^im^ fpace of ^ive Tearsyii (hould not be again Revived, fo as to ^i4k '^'^ enter in a Procefs thereanent ( unlefs it be of a very heinous Nature, or become again Flagrant) but the Con- fciences of fuch perfons ought to be ferioufly dealt with in private, to bring them to a fenfe of their Sin and Duty. And for the fame Reafon, perfons who have Refided in Pari(hes, for the fpace forefaid, fliould not ordinarily be challenged for want of Teftimonials. When nothing hath been objected by the Members of Presbyteries or Sef- fions, againft any of the Miniftcrs or Elders, at the privy Cenfures of thefe refpedive Judicatories, the Members thereafter ought not to be heard,in their Accufations againft one another, lor any thing that was committed before the lafi: privy Cenfure. And neither fhould the People be heard in their Accufations againft any of their Miniftersor Elders, or any of the Minifters or Elders againft one another, for any thing that was committed prior to the laft Presbyterial Vifitation of the Parilli 5 Becaufe then it was the Seafon, and Hour of Caufe^ to have propal'd it, if private Methods had not fucceeded for removing the fame : And the in* lifting, after fuch an Omiffion, is rendered moft fufped, unJefs fatisfying Reafons be given for it. See § ^Xap, 7, of the forecitcd Ad of Affembly, . iatt'»«ai*M4M* f ) LI 3 TITLE L26B-} T I T L E III. Of Lihds Vrobattftty and Citation, ^Llhl^ ^ '' A ^^^^^ '^^ a Law Syllogifm, .confifting of the *^— X\^ Propofition or Relevancy, which is founded upon the Laws of GOD, or fome Ecclefiaftical Gonftitution agreeable thereto, as, whofoevcr is abfent from publick Divine Service on che LOKD's Day, ought to be Cenfured. The fecond Part confifts of the fub- fumption or probation, which condefcends on matter of Fad, viz» But fuch a perfon did, upon fuch or fuch a LOPLD's Day, abfent unneceffarily from the publick Wor- fhip of GOD. The third Part confiQs of the Gonclufion or Sentence, which contains a Defire, that the Profaner of the lord's Day, according to the La ws and Cuftoms men- tioned in the firft Part, may be Genfured. 'AGpjof S 2' By Cap. 2. Sei^, 7. J^ li. Jjfem, 1707. The Mo- $he Lihel with derator is to Inform the Offender appearing, of the Occafi- * ^'^ ^/ ^^^- on of his being Galled, and to give him, if defired, a l£edlit^^}^ N^^e thereof in Writing, with the Names of the fnufi conde- WitnefTes that are to be made ufe of againft him, that fo JcendrnTimcliQ may be prepared to Defend himfelf, which is agreeable ^-^ -^-^! to the common principles of Juftice and Equity. The Libel muft conde fcend on T/«/e and P/rff^, when and where the Fafts and Offences libelled were committed, that fo the Offender may not be precluded from proving himfelf to have been Alihi^ and fo impoffible for him to have done fuch a Deedj or fo Offended at the Time and Place Libel- led. C 269 ] J 3. The Relevancy of the Libel is the Juftnefs of the p;;;/,^^ ;^. ^-^^^ Propofition, whether the Matter of Fad fubfamed be pro- levant' Lih^/, ven or not , And therefore, if the Thing offered to Proba- ^^ ^'-f ««W«^ tion be obvioufly Irrelevant and Frivolous, it ought to be ? ^^ ^^''^«^i- Rejeded and not admitted to Proof. For nothing is to ht Jjjji^^eofVre' adn]itted by any Church Judicatory as the Ground of a Pro- le-^mt Libels.^ cefs for Cenfure, but what hath been declared cenfurable by the Word of God, or fome Ad or Univerfal Cuftom of this Church agreeable thereto, as faid is, viJe SeEl, 4. Cap, I. forecited Ad. Albeit one Article of the Libel, per Jc\ be not Relevant, Yet if three or four Articles co?ijwitii7?i be Relevant, the fame may be admitted to Probation. The Relevancy of a Libel is fo much to be regarded, that, 1 think, it's Unlawful for any to be either Witnelies or Mem- bers of hiqueft upon irrelevant Libels, What? Is not this to be a Witncfs againfi thy Neighbour without Caufe, Prov. 24. 28. It was a Truth that Ahhnelech the Prieft gave Hal- lowed Bread, and the Sword of Gol'iah to David , Yet it was a Bloody Sin for Doeg the EJornite, to Inform the wicked King againft the Lord's Prieft, i Sa?n. 21 and 22 Chap. It was a Presbyterian Minifter'sDuty to preach the Gofpel under the late Perfecution, fecretly and cautiouily, to honeft Hearers at their Defirei) Yet it would have been a D^^^-like Sin, to have witnelfed the Truth in that Mat- ter before our then Judges, feing by the 2th Ad of Pari, 1685. It was Death for fuch, even to preach in Houfes. What is here faid againft fuch Witnefs-bearing, ftrikes with as much Force againft the Members of Inquefts find- ing fuch Irrelevant Libels proven, for tho' it was both true, what the one Witnelfed, and the other found, yet I would be affraid, if 1 were in their Cafe, that before God I Ihould be condemned as acceilbry to the ftiedding of Innocent Blood. Before the Witneffes be Judicially Examined, the n'/;^» the accufed Party is to be called, and the Relevancy of tlie ^''^^'^^y;>j is Libel difcuffcdj 5(fi^. 10. Cap, 2. 48 for ef aid. But in jl^/ ■''^^^' Caufes [ 270 ] Caufes Intricate and Difficult, the Difcufling of the Rele^ vancy may be delayed till Probation be taken ; And then, greater Light being thereby given, both Relevancy and Probation may be advifed joyntly, as the Lords of Seflion and-Privy Council have oiten-timcs done. 'ExesiJpMhn § 4. When the Libel is Read, the Defender fometimes Vejcrlhed, O" prcpofeth a Defence, which if admitted and proven, Ex- ^"tmud ^^ ci^^^P^tes and Clears him from the Fault libelled, either in ^ ' whole or in part , As, if the Libel be Murder, and the Defence incidpata tiitela , Or if the Libel be Adultery, at fuch a time and place, and the Defence be Alibi, But the Party accufed mud before Probation offer the Grounds of Exculpation to be proven by WitnefTes , In which Cafe the Moderator and Clerk, if required, are to give Warrant to cite WitnefTes upon the Parties Charges, the Relevancy of the offered Exculpation being firil fuftained by the Ju- dicatory : And if the Exculpation be fully proven, all fur- ther Proof of the Libel muft there lift. But if the Subftance of the Scandal be once proven, there can be no place for Exculpation, unlefs it be as to fome extenuating Circum- ftances, not contrary to, butconiifting with the Depofitions already taken. vlaf^mTl ^ 5* P^^^'^^^'^io'^ is that, whereby the Judge is convinced, Cm^efm, t^i^t what is alfcrted is true, and he muft be convinced ei- ther by Confeflion or Oath of Party, or Writ, WitnefTes, or Prefumptions as follows. Probation by Confeflion, if Judicial, is the ftrorigeft of all Probation*, But if Mencon- fefs a Crime, rather from Wearinefs of, or Averdon to Life, than from. Confcience of Guilt , Or, if there appear any Signs of Diftradion or Madnefs, then fuch Confeflions ought not to be refted upon, except they be Adminiculate with other Probation. Confeflions before a Church Judi- catory, are not refted upon before civil Courts, except they be Renewed before themfelves , And fo it is e con^ tra, for Men may incline to confefs Things before Church Judi- C 271 ] Judicatories, knowing that Church Difcipline is Medidnay non Pcer.a, or 01^ Levame7i Confcienti^, which ought not to be difcouraged , Whereas they may deny the fame Fault, and Refile betore the civil Judge, for fear of Corporal PunKhment. §■ 6. An Oath of Calumny may be exaded of either Oath of Ca- Party, whereby they Swear that they believe or judge, ^^^^'^^y.O'* that the Points they infill: on, are both juft and true, and j^^^J^ '^"•^' they will be holden as Confelled, if they refufe to Depone when required. By an Oath of Verity^ or for Confirmati- on, the Swearer politively affirmeth by his Oath, that what he allertethis true. And it is the only Oath fworn by a Party which can Terminate the Plea and Strife. But by an Oath of Credulity, the Swearer doth not aflert the Ve- rity of the Matter, but the Verity of his Behef of the Mat- ter, which only terniinates the Plea in fo far as to Exclude him who Sweareth, from Iniiiling on thefe Points contra- ry to his own Belief or Perfwalion, vide Stair's Infrit, fag. 698. 701. % 7. If the delated Father of a Child, after private Con- -prohmon h ferences, do ftill deny, then theSeffionis to caufe cite him o^^/> o^ P^n^ to appear before them : If he perfift in his Denyal-^ when Inrtmcedi It compearing, he is to be Confronted with the Woman, and |^-^^^^^ ^^ the Prefumptions held forth as particularly as poflible : And if after all this he deny, tho' the Woman's Teftimo- ny can be no fufhcient Evidence againll him, yet pregnant Prefumptions, fuch as, fafpicious frecjuenting her Compa- ny, or being folus cum fola, hi loco fufpeBo^ or in fufped: Poftures, and fuch like, which he cannot difprove, may fo lay the Guilt upon him, astofiiewhinii that there appears v ■ no other way of Removing the Scandal, but his appearance to be publickly Rebuked therefore : If he will not fubmitt himfelf to be Rebuked,it is eafier that a true Narrative of the Cafe be laid before the Congregation, and Intimation given, that there can be no further Procedure in the Matter, till God . [270 God In His Providence give further Light , than that an Oathbe prelTed, and upon Refufal proceed to the higher Ex- communication. But if the perfon accufed do offer his Oath of Purgation, and crave the privilege thereof, the Presbytery may allow the f ime, the Form whereof may be as follows. 'Stile of the § S, I A. B, now under Procefs before the Prefbytery 04th ofP^r-Qf ■ fQj, ti^e Sin of alledged to be com- ^'^ioj}, iTiitted by me with C. D. and lying under that heavy Slander, being repute as one guilty of that Sin : I, for end- ing the faid Frocefs, and giving Satisfadion to all good People, Do declare before God, and this that I am Innocent and Free of the faid Sin of or ha- ving Carnal Knowledge of the faid C D. And hereby I call the Great God, thejudgeand Avenger of all Falfliood, to be Witnefs and Judge againft me in this Matter if I be guilty, and this I do by taking His blelfed Name in my Mouth, and in Swearing by Him who is the great Judge, Puniilier and Avenger as faid is, and that in the Sincerity of my Heart, according to the Truth of the Matter, and my own hmocence, as I fliall anfwer to God in the laft and great Day, when I fhall ftand before Him, to anfwer for all that I have done in the Flefh, and as I would par- partake of His Glory in Heaven, after this Life is at an end. When and S 9- But this Oath is not allowed to be taken in any inhere this Cafe but this, when the Prefumptions are fo great, that Oath is to le xlity create fuch Jealoulie in that Congregation and Seffion, 'thn\ "^And^^^^ nothing will Remove the Sufpicion but the Man's {u Effects. Oath of Purgation , And when his Oath will indeed Re- move the Scandal and Sufpicion ^ In all other Cafes this Oath is in vain, and fo fhould not be admitted, and never but by Advice of the Presbytery. It is to be taken, either before the Seflion, Presbytery, or Congregation, as the JPresbytery lliall determine. And if it be taken before the Seflion C 273 3 Seffion or Presbytery, it is to be Intimate to the Congre- gation, that fuch a perfon hath taken fuch an Oath, and the Party may be obhged to be prefeift in the Congregati- on, and may be put publickiy to own his Purging him- felf by Oath, and thereupon be declared free from the al- ledgcd Scandal. All what concerns this Oath, is Recomr mended by Qap, 4. SeB. 6, &c, of the forecit®d Ad of AlTembly. § ic. After an end is made, as above, wi^h the perfon Ho)»theWjj}^^ ]VJr. A. B. Moderator, &c, Forafmuchas Pur- Ja,theirNon- ^^^^^ ^^^ having .ipplyed to us for a Diligence to cite Wit- 5nrci7i- neiles in the faid Matter, in Manner and to the Effed un- td^ derwritten. Therefore we require you, that upon fight hereof, ye pafs and Lawfully Summond perfon- ally, or at their Dwelling Places, to compear before us within the Kirk of upon the day of In the Hour of Caufe with 'continuation of Days, to bear Leal and Soothfaft Witnefling, upon the Points and Ar- ticles of the faid Procefs, in fua far as they know, or (hall be fpeared at them, with Certification as Effeirs ^ And this our precept you are to Return duely Execute and Indor^ fate. Given, &c. by Warrant, &c. if WitnelTes refufe after three Citations to compear, then they may be pro- ceeded againfl as Contumacious .* Or, if judged needful, after the firft or fecond Citation is difobeyed. Application fliould be made to the civil Magiftrate, that he may oblige '0:; them C 275 ] , ^ . them to appear. See that c)tb SeB, Cap, id, of that fre- quently above cited Ad of AfTembly. ^ J 15. In Church Judicatories, Women ai:d Minors pafl: qu^^i^„-^^z fourteen Years of Age, are received Witneiles. If the De- g^hfi Witz ' fender appear, he may Object againft any of them, and if neffcs. the Objedion be Relevant, and made Evident to the judi- catory, the Witnefles are to be call : For which fee that fame Ad. The Objedions of Infamy, or Enmity, are Re- levant to call any Witnefs : But the Defign of Church Courts being ad tollendum fcandahmi^ C^ ad eniendam ve^ ritatem, they will fometimes receive WitnefTes cu?n nota^ againll whom fome common and general Objedions have been made. Refer ving to themfelves to confider how far they will make ufe of their Tellimony at advifing the Suf- ficiency ol the Probation. • J 16. WitnelTes are to be fwornthus, Lifting and hold- ^'^^ ^^^f, ing up the Right Hand ; They fwear by God, and as they |^;^^^^''^;^; (hall anfwer to Him, they ihail tell the Truth, and no- mnei mi ^ thing but the Truth, concerning the Articles and Points Suhjcrihe, of the prefent Procefs, in fo far as they know, or fliall be ^"'? t^S^- asked. Which Oath the Moderator is Judicially to Adftii- n^Qnii, niller, and tho' there be no Relevant Objedion againll the Witneffes, yet they are to be folemnly purged of Malice, Bribe, or Good Deed, done or to be done, and of partial Counfel, by which fome underlland Prompting or Confult- ing for making of the Procefs. The Witnefies are to be Sworn and Examined in prefence of the accufed Party, if compearing, and he m.ay delire the Moderator to propofe fuch Queftions, or crofs Quellions, to the Witneiies, as may tend to his Exculpation, which if the Judicatory think pertinent, are to be.propofed. The Mttalta Tesfimojiior- ii?Hy fuch as, their Age, Married, or Un-married, or Soln- ti, that is. Widows, and the like, are propofed-, that the Deponents Veracity may by thefe be traced. If WitnelTes cannot fubfcribe their Names to their Depolition, the Clerk ( ) M m 2 is . C 270 is to Mark, that they declare, they cannot Write, and the Moderator is always to fubfcribe the fame, whether they# can" Write or not. If they can but fubfcribe the Initial Letters of their Names, they Ihould do it, and the Clerk is to write about their Mark thus ( Ada?n A, B. Bruce his Mirk. ) 'SingttUrhy § 1 7. A lingular Witnefs is one that hath no concurring 'ffWhneffes, Witnefs. This Singularity is either, 0^i?^fii;^, which is, W^f* in a Crime, not Reiterable , As if one Ihould depone, that a Man was Murdered at one place, and another depone he was Murdered at; another place. Again, there is a Singu- larhas Adjniniculativa, which is, where the Witnefles do not concur in their Depoiitions , Yet they are not Contra- ry, but the one afGfts the other, as in the proving that an. Horfe was ftolen, one lhf>uld depone that he faw the Thief go in without a Horfe, and another faw him take the Horfe. In the third place, there is a Singularitas Di- njerfificativay when Witnelles depone different Ads in a Crime, which is Reiterable , As if one Witnefs depone u- pon an Adultery, comniitted at one time, and another of an •Adultery committed at another t'ime. Is that perfon's being guilty of Adultery fufficiently proven .«? Tnlmon hy § 18. Of Things Nottour, there are feme which cannot Mtorieiy^and \)q proven, and yet are true, as fuch a Man is another's Son .* ^JJ^.^^^^^y Other Things can be proven which are faEli per?natientis^ uneijes, ^^^^^ ^^^ ^^^^ there is a Palace or Fountain in fuch a Town, fid notormm no7i indiget probatione. Again,thtre are Things nottour, which need no Probation, which are faBi tranfi- iintis^ as that fuch a perfon did publickly committ Murder. Albeit Judges cannot be both Judges and Witneffes, yet, he is a Witnefs 6c a Judge too of what he fees and hears in Judgment, for thefe are counted as Nottour, vide Stair's Jjifut, pag, 704. ■ ' S IQ. It [ '^n ] J 19. It is Repugnant to the Laws of GOD and Man, „ , to Gondemn any that is^ Abfent or Unheard, uulefs his tieiZt fjh' Abfence proceed from his own Fraud or Stubbornnefs :}fied heforea Therefore in order to a due Hearing, Gitations muft be gi- ^^»''^^ J«^^-; vento Parties concerned, in Writing, efpeciaJIy if they t^'^^^^'T'^ ^- called before Presbyteries, and other Superiour Judicatories CitTtionis. of the Ghurch. See the 3. Cap, of the lorecited Ad of Af- fembly. The Gitation muft bear, i. The Judicatory be- fore which the perfon cited is to appear. 2. The Name of the Purfuer, ( if the Party be not cited by order of the Judicatory ) g. The Name of the Defender. 4. The Caufe for which the perfon is cited. 5. The Place where Compearance rauft be made. And lafily, the Time when they muft compear. And this is to be obferved. That all Patties and WitneiTes cited before Church Courts, are to be defigned in thefe Gitations, as they are or may be com- monly in all other Writes. If they be Refiding within the Parifti, they may be cited upon Fourty Eighth Hours Advertifemenf. § 20. It hath fometimes been pradlifed, to Cite Parties Pmki om -even when out of the Countrey, a particular mQi^iViCQ^f^keComtrey -whereof is, the Goramiffionof Affembly 1644, caufedCite^*^"-^'^'-^ ^om^Scotty thtnoihout Oxford in England^ (ior Emitting a Malignant Declaration ; at the Market-Crofs of £c//« W^/&, Peer and Shoar of Leit^y to appear before thej then next enfuing General Aflembly, upon fixty Days warning, counting from the day of the Citation. § 2 1. If the perfons be charged with Scandal, who live Parties in within the Bounds of another Paridi, the Kirk Scfiion oil^^^^f^^'^rijh thatParifh where that perfon Refides, fhould be defined to -' caufe Cite them to anfwer before the Seflion in whofe Bounds the Scandal happened, and the fame courfe is to be followed in fuch cafes by the other Judicatories of the Church. S 22. Citations ^ 5 2 2. Citations are called Dilatory for the Firftand Se- DiUtory and coiid, thai the Party may appear 5 and the Third, or one pererKptory, given ^4pfid a&a, is called Peremptory, wherein ihe Judi- Jkh%l7ho^^^^^y certifies the perfon cited, that they will proceed dijohey or to the Coguition of the Caufe, though he appear not, or fihJcQnd, that they will proceed againft him as CoiUiimacious. If the perfon donot compear upon this peremptory Citation and no relevant Excufe therefore be propcled and fuftain- ed, the Judicatory is to proceed to take Cognition, either by Examining of Witneffes, or by other Documents, for the Verity ot the Scandal, and that before they cenfure him for Contumacy. See Cap. 2. Se&. 6. of theforecited Aft. If any under Procefs for Scandal, Abfcond, ihey fhould be Cited firfl: from the Pulpit cf the Parifh where the Procefs depends, and where they Refide, and if they do not thereupon appear, they are next, by order of the Presbytery to be Cited from the Pulpits of all the Kirks within their Bounds, to compear before them, and if they donot then appear, they are to be declared Fugitives from Church Difcipline in all the Kirks within that Bounds, de- firing that if any know of the faid Fugitives, they may give Notice thereof, and the Presbytery is to fift the e, un- til they get fome further account of thefe perfons. See § 18. of the forecited Chap, and Aft. ^ This Citation is com- monly called Edi&al^ and likewife takes place when the perfon to be Cited takes Methods to hinder a Copy to be given in the ufual way, or, when it is dangerous for the Officer to Travel to that place. Stile •/ ^ ^ 2g, Sometimes the Warrant for Citing bears the Libel, iZ'^f'lhe ^^^ ^^e" a f"li Copy thereof is given, but fometimes it Copy and Ex'hQ2Lts not the Libel,and then the Defender is cited to hear ecution there- and fee the Informations againft him, and muft, when Cmktfi appearing, be Treated as in § 2. HhJ. Tit. The Form of mean " which Summonds may run thus, Mr. A, B, Minifter and - * remanent C 379 ] * remanent Members of the Church Sefiion of Ta « our Officer, We require you, that upon fight •hereof, ye pa(s and lawfully Suramond per- •fonally, or at his Dwelling-houfe, to compear before the •faid Seffion, within the Seffion-Houfe at the * Day of next to come, in the Hour of ' Caufe, to anfwer to the Information or Libel againfthim, * for the Sin and Scandal of laid to his charge : ' with Certification, c^^. Given at the * Day of by warrant of the faid 6'effion, A. B. Stjf, ^Cls. Befide the General Certification of the Church Cen- fures, which is the Method Ecclefiaftick Courts do take, to procure Obedience to their Orders 5 There are fome proper Certifications, as in Tranfportation of Minifters, and their Edidts of Ordination and Admiffion, of which already in Book i. Now the Copy of a Summcnds may run thus, " I Church Officer of by virtue * of an Order directed from them lawfully Summcnds * you to compear, &c. With Certificationjd'r. * conform to the principal Warrant dated at the ' Day of 5 This by Warrant of the faid * Seffion I give, before thefe Witnefles, '&c, A. B. Officer. He is to return the Summonds Exrcute in thefe Terms, v'z,. "Upon the . Day of I Church Officer of ' part at the Command of ihe within written Or* * der directed from the Church Seifion of , and by 'virtue thereof lawfully Summoned the within mentioned ' , perfo"ally Apprehended, and delivered to him * a true Copy of the faid Warrant, to compear before the * faid Seffion, Day and Place within fpecified, to Anfwer * for the Sin and Scandal of laid to his charge,, * and made Certification as is within Exprefl:. This I did •conform to the v/ithin written Warrant in all points ^ 'Before thefe Witnefles, A, B, &c. And lor the more Ve^ rification * rification hereof, we have fubfcribed thir Prefents at * , the Day of, ^c. The Execution muft bear, that either Citation was given to the Party perfona!- ly, as above, or left ar his Dwelling-houfe, with his Wile, Bairns, or Servants, if the Officer get En try, or by Affixing a Copy on the Door, after knocking feveral Times it he get not Entry. If any Man bind as Cautioner for another that he (hall underly the Difcipline of the Church, under a pecunial pain for the u(e of the Poor, he ihould bind to the Magiftrate, and not to the Church. 'All Vefen- § 2 4. When Minors are conveened before Church Judi- d€rs MHft ^;»- catories, their Curators are not to be cited as before Civil pear pe^-Jo"*/- Courts, tho' they may be acquainted therewith, that their /iV-^^r and PiJpi^* n^^y receive fuitablc Advice 8c InftruQiion from them. howSoc'mies A Minor that is a Male paft Fourteen, and a Female paft m^^^t Twelve Years of Age, may be called before Church Judi- catories, when guilty, as for Pupils under that Age, it will be rare if ever they be concerned as Delinquents, except M mditia fupplet atatem^ That is, where ftrength of Na- ture is as far advanced in them as it ufeth to be in o^htrs oi riper years. The conclufion of all Church Proce(s, be- ing againft the Defenders themfelves, none can appear for • them : Nay, Advocates are not fo much as allowed to plead for compearing Parties, otherwife Pleas wouid pro- bably be more frequent and tedious too^ and the Truth hath been many times Expifcate by the Countenance, Be- haviour, orExpreffions oi Parties themfelves, which would have been concealtd by Advocates, In the M. S. Aftsof Membly at Edinburgh 1575, they refufe to allow Ad- vocates to plead before them in a Frocefs of Dilapidation, againft the Biftiop of DnnkeUeK^ but ordains him to An- fwer himfelf, and if he think fit may chcofe any Minifter to Reafon for him. When Incorporations are Cited, it is necefTary they be allowed to Anfwer by fume Commiflioncd from their Body, who rauft be ^lembers of that Society, [ 281 ] or Rcfide therem:If aBurgh Royal were Gited, they would not be' allowed to appear by hira who Hefides not among them, but only is one of their Honorary Burgclfb .• and no Party fuftains great lofs hereby, feing they may Advife with whom they pleafe in Drawing of Anfwers, and the TITLE IV. Of the vocAttond and perfond FahUs of Minivers and Proha^ ff otters, hovp they are Cenfured, and of the Method of pro- ceedwg to Ceftfirey and of Reponing them againji thefe Cenfitres* § I. TYf the 132 Cap> VarU 8. Jac. 6, Non-refidence is Non-re fi^^ \ Jtj declared to be, when a Minifter Refides not <^«rict^hAt, within the Parifh, but is abfent therefrom, and ^Ccikrd. wht from his Kirk, and ufing of his Office, for the fpace of /re Deferters; four Sabbath Days in the Year, without a lawful Caufc ^«^ ^•w' allowed by the Presbytery 5 which Nonrefidence is De- ^^^t^^^' ^^ privation.By parity of Reafon the fame pain may be apply- ^^'i^f^i"^^ ed againft Principals 8c Mafters of Univerfities, who attend jAmi. " ^ not upon their Charges. The Miniftry is faid to be Mili- tia, fpiritnalisy they are Watch- men fixed by their Superi- ours as Sentinels at fuchPofts, whichif they Defer t with- out Warrant, all the Order of the Spiritual Difcipline is overturned. Agreeable hereunto is .the Aft of Affembly 1596, Ratified by Affembly 1658, whereby it is Appoin- ted. That Minifters not Refident with their Flocks be De- pofed, according to the Afts of the General Affembly, and Laws of this Realm, otherwife the Burden is to lyon the Presbytery, and they co be Cenfured for the fame. § N n And [ 282 3 And by the 5, Art. of the fame A^*, It is appointed con- form to the old A6ls of Ailemblies therein mentioned, that Minifters Refide in their own Pariflies or at their ordinary Manfes. By the 4 Cap. of the Policy of the Kirk, they who are once called oi GOD, and duly Eleded by Man, and have once accepted the Charge of the Miniftry, may not leave their Functions, otherwife the Deferters are to be Admonilhed, and in cafe of Obftinacy Excommunica- ted. And by the M. S. Ads of AlTembly at Edinburgh^ 1570. It is appointed that Minifters at their publick In- ftalraent, ftiall proraife folcmnly never to leave their Mi- niftry at any time thereafter, under the pain of Infamy and Perjury. Conform hereunto, in the i Cap. Art 14, of the French Church Dijcipliney Minifters with their Fami- lies, muft aftually Relide in their Pariflies, under pain of Depofition^ and by the 7^. Art. Deferters of the Miniftry Ihall be Excommunicated, if they do not repent, and re- aifume the Office GOD hath committed unto them. By jthe Affembly 1^90, Sejf. 15. Albeit Minifters have recei- ved their Ordination from Foreign Churches, yet if they have a ftanding Relation to any Charge in this Church, they are not to remove out of the Kingdom, without con- lent of the refpeftive Judicatories of this Church, other- wife they may be Treated as Deferters, vid. Ordination Engagements, Lib. i. If perfecution be particular againft one Minifter, in that cafe, it is generally thought, he may warrantably Flee, without being efteemed a Deferter : But it will fcarcely defend againft Defertion, when the Per- fecution becomes genera^ A Minifter feeras to be parti- cularly Tied to wait upon his Charge in the Time of a publick Calamity : And therefore the Commiffion 16 Ma/ 1645, found that^r. Mungo Lart Minifter at Edhbur^h, could not be fpared* from his Charge, to attend the Ge- neral's Regiment, in refpe^ oithe iear of the Infe^ion in she City. ~ C 283] g 2/Suvine Negligence is, an habitual or cuflotnaty SupineNe- Neglea o' ^omQ onq or other of the Paftoral Duties, hvitgHgence w% every F^cape. can not infer it, the Paftoral Office being in ^s^*^ ^o* fome lenfe a Burden too heavy for the (boulders of Angels. ^^*^'^^« B; ;Our Law, Supine Negligence is Relevant to infer De« poGtion, even as Error, Scandal, Ignorance and Contu- macy are, (ee the A6t of P, be Depofed, And by the Aft of Allembly June 15, 1646. i, \ Among the Enormities and Corruptions of the Minifterial Calling, the following is mentioned, viz, Idlenefs, That is, feldom Preaching, as once on the LORD'S Day, or in preparation for publick Duties, not being given to Read- ing and Meditation, but only now and then, not like other Trade{men, continually at their Work. 5 5. Dilapidation of Benefices is, the Deed of any Dil^^^t Church-man, whereby his Rents are Wafted, Diminifhed, ^^ »'^'*^ or Altered to the worfe from what they were. And the J^^,^T^ puniftiment rs, Difannulling of the Deed, and Deprivati- ^^^ — on to theGranter, Jac. 6, Pari. 7. Cap. 101. By that fore* cited Ad ofAflembly 1596. It is declared that Delapida- tionof Benefices, demitting of them for Favour or Money, withouj Advice of the Kirk 5 Interchanging of Benefices, , by Tranfaftion, or Tranfporting of themfelves by that oc- cafion, without Advice of the Kirk, are precifely to be puniflied. Suchlike, fetfing of Tacks withnut confent of the Aflembly, is to be puniflied as Dilapidation- ,^ § 4. Simony is. the Buying or Selling of any Spiritual 'simny Thing, or of what is Annexed thereto. The Canonifts'PH '««'^ . defcribe it to be, Studiofa voluntas, fm cupiditas emetidi vel ^^'^SSf^i,' vendendi fpiritualia^ vdfprrititaltbHsantiexa. Thus Simony " • may be committed by making advantage of Aaminiftrat- ,^^ f N n ^ ing C 284 ] ing the Sacraments; hyjac, 6. Pari, 21* AB i\An7 ^^"" dition made by the Intrant with the Patron, retyA^ing to himfelf a fufficient Maintenance anfwerable to the>ate of the Benefice, is declared not to be Simony. In this Cfkne, WitneHes who are not very habileyOV omni exceptione »*- pres^ fuch as Whores and Infamous perfons, maybe ad- 1 mitted, acd It may be proven by prefumption or Oath of party, according to the Opinion oi fome Lawyers, arid all becaufe it is ordinarily carried on with much privacy and clandeftine deaiing* AmbitHs is Crimen faereEcclefiaflicHtis^ Ambitus and not ufually puntftied by Laicks. By the forecited Ad of i^at.md Aifgnibly \ibitoYihus^ vel defif- tat^ vel ordine mulctator. Item^ Miniftcrs given to un- lawful Trades and Occupations, for filthy Gain, fuch as, keeping of Inns, bearing of Worldly Offices in Noblemen and Gentlemen's Houfes, Merchandife.and fuch like,buying , of Vidual, and keeping it to the Dearth, and all fuch Worldly Occupations, as may diflrad them from their Charge : AH fuch are to be admoniftied, and if they con- tinue therein, are to be d^pofed. By the 6th of thefe A- poftolical Canons, Epifcopus^ aut Tresbyter, aut Dtaconns feculares cur as non adfumat^ alioqui deponatur. And by the loth Canon, Qlericus fe fideiju/fionibus ifnplicans gra- du fuo dejiciatur. Calderwood, in his Hiftory pag. 458. acquaints us, That by Ads of AlTembly Miniflers are pro- hibite to joyn With their Miniftery, the Office of a Not- tar, Husbandry, or Hoftilary, &c, under the pain of De- . pofition. In the M. S. Ads of x^lTembly 1572. The Re-: gent dcfiring fome Learned Miniflers to be planted Sena- < tors of the CoUedge ofjuftice, the Alfembly finds that none were able to bear both the fiid Charges. The Alfembly 1643. (in the Index of their unprinted Ads you may find fome of it) confidering that Mr. William Berniet Minifter at Ancrum did vote in the Eledion of a Commiflioner to the Conycntion of Eftatcs from the Shire of RoxhiriK ^s one C 288 3 one of the Barons and Free-holders there, they do Recom- mend it to him to abftainfrom Civil Courts and Meetings. As alfo, they underftanding, that Mr. Andrew MurrayMi- nifter at Eblle^ had come to fucceed to be Lord Balvatrd, they appoint him to excrcife his CaUing of the Miniftery, and to Reject fuch Temporal Honours during his own Lite, as being Incompatible with that Calling, and very good Reafon that the LeEer and leaft Ufeful Ihould cede to the Greater and Better Work Item, By that forecited Allem- bly Ad 1596. Ratifyed by the AfTembly 1638. All thcic Members are difcharged from attending the Court, and Af- fairs thereof, without the Advice and Allowance of their Presbytery : And that they intent no Civil Adion without the faid Advice, except in fmall Matters. Qalderwood in his Hiftory of Affembly 1600. faith to this Purpofe, Qui ambulat in file coloratuVy qui tangit picem inquinatur^ qui frequent at Aidam & Curiam proj anatur -^ Forum pon-- tificis Petrum ad ahnegationem ChriWi adegit quae eH cor* porum conjlitutiG^ ea eft d^ 7norum, drcumpofito aere cali- do calefiimits^ C/^ rurfus frigido frigefci?nus. Cum fanBis . fanBus eris^ atm perverfis perverteris. Item, Minifters are to ufe Godly Exercifes in their Families, fuch as. Teach- ing of their Wives, Children and Servants, in ordering Prayers, Reading of the Scriptures, and fuch like other Points of Godly Convcrfation : Whoever be found negli- gent therein, after due Admonition,are to be depofed. Item^ Minifters that are not Spiritual, and Profitable in their or- dinary converfe, are, upon due Tryal, to be fharply Re- buked. Item, No Minifter is to countenance or aflift a publick Offender, challenged by his own Minifter for his publick Offence, or to bear with him, as if his own Mini- iter were too fevere upon him, under pain of Admonition and Rebuke, § 8. The C 289 ] g 8. The General AfTembly by their Ad 13 June \6&,^, ^,^,j,v, ^ provide the following Remedies, againft the Evils both in gain^Fomi- the C'.iliing and Lives of Minifters, and appoints them to <'»^^ ^«^ ^^ ''" be obferved, Imprinus, None are to be taken in to be ^•^Z^l^^^ll^'^^' Helper or fecond M.l^ifter, but fuch as are able for the ^^^ "^ fame Charge. Iteniy That Presbyteries be Faithful in the Tryal of Intrants, and in loving Adm ■ nitions one of ano- ther fecretly, and that Abfents from Synods and Presbyte- i: lies be ccnfured. Item^ The Moderators of Presbyteries, are to fee that Gudly Conference be entertained at Presby- terial Meetings, even in thne of their Refreftiments. Item^ Minifters are to have more frequent Ccnverfe among them- felves, for Strengthening one anothers Hands, and Beget- ting and Cheriihing of Friendfliip, and Removing of Mif- conftruclions. Itetn^ Minifters are to cherifn weak Begin- nings in the Ways of God, and Couragioufly oppofe all Re- vilers and Mockers of the Godly. Iteffi^ Silence or am- biguous Speaking in the publick Caufe, and not Speaking againft the Corruptions of the Time, are to be feafonably cenfured 5 And fuch as Mock, Upbraid, or Threaten, Stop or Difturb Minifters for Freedom in Preaching, and the E'aithful Difcharge of their Confcience, are to be procef- fed, vide Affemb. 1648. Sejf, 26. § 9. A Presbytery is not to proceed to the Citation of a ^f^^i w^^ Minifter, or any way begin the Procefs, until there be firft '*^'''^^* ^^f'" fome Perfon, who under his Hand gives in the Complaint, fn'proceT^I. with fome account of its Probability, and undertakes to make g^nfi a Mi- out the Libel, at leaft under pain of being Cenfured as a n'lfler : AnA Slanderer. This Informer or Accufer ought to be of good ^'°^ "^T^V Report-, for it were of dangerous Confequence to admitt e- ^7r//^ very Body to accufe. By the 2 1 . Canon, Qondln Chalced, " ' Clerkos vel Laicos, Epifcopos aut Laicos Accufantes^ non indifcriminathn.nec cltra Inqit'ifitionem,admittere ad Acciifa- t'lonem^ nifi eonim ex'iflmatio primo examinata fuerit. Yet Presbyteries may proceed againft Minifters, when a Enma ( } Qlamofa 4t<^ w^ow* If after confideration of the Reputation, Habilit}^ and De- ^^^ -^'^^^ ?^ politions of the WitneiTes, the Judicatory ihail find the^''^^-- Scandal fufficiently proven, they are to proceed to Cen- fure, as in the Cafe of Confeffion. § 14. If the Errors be not Grofs, and ftriking at the Bowiocdrfj Vitals of Religion, or if they be not pertinacioufly ftuck tomrdsa Mi- unto, or induftriouily fpread, with a vifible Defignto Gor- ^^^^^"^^^^^^ rapt, or that the Errors are not fpreading among the Peo- ple, then Lenitives, Admonitions, Inftrudions, and frequent Conferences are to be tryed in order to Reclaim. And unlefs the thing be doing much hurt, fo as itadmitts of no Delay,tlie Synod or General AlTemblylare to be advifed with, and the Reference Intimated to the Minifter concerned, which is agreeable to the i2f^ Ad of Aflembly 1694. And by that Ad all the Judicatories of the Church are forbidden to Cenfure any Minifter whatfoever for not Qualifying themfelves in the Terms of the Ad of Parlia- ment, by taking the Oaths to the Civil Government. 'Tis true, that Appointment continues only till the next xMlembly , But the. fame Keafon for making that Tem- porary, may make it a perpetual Ad. § O 2 S 15. If C 292 ] flm YtTdrrj S 1 5- H the Libel againft a Mlnifter be for a multitude 'tomrdsaMi'oiim'sMti things laid together, the Presbytery in proceed- ni^er /j^'^^- ing therein are to make a Presbyterial Vifitation of that mthimdi of^ M.inifters Parilh. And if they find thefe things, laid to his fntdkr things Qh-\xgt^ to have been coinniitted lince the laft Vifitation, ki^ together, or find a fatisfying Reafon wherefore they were not then Tabled, they are to Inquire how far the Minifter hath been guilty of giving Offence, after he was acquainted that OfFence had been taken at thefe things he is cliarged with .- ; It would be likcwife Inquired, If any of the Complainers did firft in a private Way Inform any of the Neighbouring Minifters of thefe things now publickly complained of .. Herefy, Popery, Blafphemy, Per- jury, Adultery, Inceft, Fornication, Slaughter^, Theft, Com- mon^ [ 293 ] tnon Oppreffion, Common Drunkennefs, Ufury againfi: the Laws of the Realm, Non-Kefidence, Abfence from his Kirk, and Negledt of his Office for Fourty Days together in a Year, without a lawful Impediment allowed by the next General AiTembly^ Plurality of Benefices ( but the A£t of Parliament fays, Plurality of Benefices having Cure) Dilapidation thereof, and Simony. Which Crimes are likewife declared Caufes of Deprivation, by Cap, 1 52. of Pari. 1 584. it is to be obferved that the Church doih not Excon:mH' except in tome moft horrid Crimes, £)epofe and Excom- nkmon and municate both at once. By the 2^th. of thQCanonf, called-^'/'jy^"'^ Apostolical^ Bpifcopus^ ant Presbyter ant Diacomts ^^ fi^rtati-^^J^^^^J"^ °"^ oney vel perjarioy vel furto deprehenfusy ordine juo fummo- ifeatHKi, ah Ecclejia tamen non exclndatur. Minifters are not to No M'tni^ imploy Depofed Minifters in any Exerci-fe of the Paftoral^f^^f?/ Com- Galling, or entertain Minifterial Communion with them, ^^'V^^j*. under pain of Depofition. By the 11/^. ofthefe forecited nifx^Jrs, Canons, St quls Clericus cHm depofto, ut cum Clericpy fimul oraverity deponatur & ipfe. If any Depoled Minifter fliall ^ Dcpojed Apply to the Civil Magiftrate tor Redrefsagainft that ^''en- ^^^^f/J'^^f tence, in fo doing he ackaowledgeth in the Civil Magi- ch!ifu^Jt^ ftrate a privative Power, fo hinder the Church from Extr- frrate fo-/Rc^ cifiag that jurifdiaic; (he hach received from CHK 1ST, f^'^'^' ''J^^^ and therefure he puts himfelf out of all hopes of a Irn oft ever being reftored. By the 12-/^. Canon 0«a7. Avtiochcm^ ft qnis a propria Rpifc&po depoffujy Presbyter vel DiaconhSy vel EpifcopHs a Synodo, aufns fiit^ Imperatoris anrihts mo* leftiam exhihere^ cnm oporteat ad majorem fynodum converfiy d^ jus quod fe habere phtat ad plmes Epijcopos referre, comm^ que Examtnatiorjcjn & judicinm fufcipere : qui itaque his coft'^ temptis Iwperatori zuohftus ftterit^ is nulla vema dignits^ ne- que flit defendendi locum habeaty mc Rejiitutionis future Jpcm expedlet, Vijfcrence § i8. By Deprivation a Minifter is removed only from pXTioJ^De- his particular Charge, andlofeth the Benefice, as wasdonep^/T//*;;, w againft J^cgrddmm [ 294 1 againft the Minifters of Linlithgoto and Bathgnte, by the Synod of Lothian in May i6^6, but Inftances of this kind are rare. By Depofidon a Minifter is Depofed fimplklur imm both Office and Beuv;fice: This Church dv;th not: make that Diftinftion, which the Canonifts do, betwix? De- pofition and Degradation : for they fay, that Depofition is pronounced verbally, by his Superiors removing him from his Office, but in Degradation, the Enfigns and Veftments of the fcveral Degrees of Orders he had been Inyefted with, are pulled off him, and thereafter his Per- fon is delivered to the Civil Magiftrate, to be punifhed for his Crimes. Tiafer h' S '9- The Cuftom of this Church is. That when they foreVepofitionQntet upon aProcefs of Depofition, the Name of GOD is dr Kepfttion, folemnly called upon for Light and Direftion. Solemn Prayer is likewifc made before they enter upon the Grounds for Reponing of depofed Minifters. The Aft of Depofiti- "And the ^ns runs in this or the like Form. " At The which Torm of AEls * day anent the ^ummonds and Complaint purfued before vfDepofiiott « the Presbytery of at the inftance of againft &Sjfpenfu}n., Minifter at mentioning, &c. And * anent the Citation, &c, to have compeared, e^c. to have * Anfwered to the faid Complaint given in againft him, ' and the famen being proven, to have heard an Sentence * of DepoGtion, or fuch other Cenfure given and pronoun- ' ced againft him, by Authority of the faid Presbytery, as ' he ftiould be found to defer ve, conform to the Afts and * Praftice of this Church, obferved in the like cafes, or elfe * to have alledged an reafonable Caufe in the contrair, with *■ Certification, if he failzied, the faid Presbytery would * proceed, and do therein as they (hould find juft. Which ' Summonds being oft and divers times called, &c. Pur- ^ fuers prefent and compearing, the faid Defender ' abfent. The faid Presbytery having confidered the Ar- ' tides of the faid Summonds and Complaint j and being well [ 295 3 « well and ripely Advifedtherewithjhey found the fame re- t levani by the Ads and Practice of this Church to infer < Depofitionj As alfo, they found the Articles of the faid ' Complaint fufficiently proven, by the Depofitions of fe- 'veral famous Witnefles, lawfully Summoned, foleranly ' Sworn, purged and Interrogate thereupon. That &c, * ( here Narrate the particular things found proven ) as « the Depofitions of the faids Witneffes Extant in Procefs, *bear. And therefore the faid Presbytery did by their ' Vote, Depofe the faid Likeas they hereby do, * in the Name of the LOUD JESUS GHEIIST, the alone ' King and Head of his Church, and by virtue of the * Power and Authority committed by Him to them, aftua!- * ly Depofe the faid from the Office of the Holy * Miniftry, Prohibiting and Difcharging him to Exercife * the fame,or any part thereof in all time coming, under the * pain of the higheft Genfuresof the Church. Extrafted &c. The Sentence of Sufpenfion runs in this Form, " They *do Sufpend the faid from the Exercife of his * Miniftry till a definite Time, prohibiting him to Exercife * the fame during the faid fpace, till he be orderly Re- •poned thereto, under the pain of Depofition. The Af- j^oj^^pojed fcmbly Augufl 5. 1648. confidering that according to the or Sajpendcd Antient Order and Praftice of this Kirk, the Genfures oiMimfter is Sufpenfion and Depofition are both aI Officio & ^^^^^fi^^^i^^^iH^^^^^S therefore they difcharge Depofed or Sufpended Minilkrs, ^1%^^^ ^ ^~ to Exerce any part of the Minifterial Calling, or intromet with the Stipend, under pain of Excommunication to the Depofed Minifter, and of Depofition to the Sufpended. See alfo Aftof AfTemb. Dec. 18. 1638. Sejff, 14. § 20. By the 3^. Article of the loth. Adof Affemb. Torvk^t 1694. If Probationers Malverfe in Dodrine or Gonverfa- ^'^^^^^^^^^^^^^^ tion, they (hall be Accountable to and Cenfurable by Pref y^^^^. ^ ~ byteries. And if they refufe Subjedion or prove Contu- macious to fuch Cenfures, whether of Sufpending or Re- calling [ 296] calling their Licence, Intimation thereof fhall be made to the Church Judicatories where they R^efide or Haunt, that So none may imploy them to Preach. When the J 21. By the Atl of Affembly Augufi id. 1641. Mini- '^jfemUy only fters Dcpofed for the publick Caufe ot Reformation, and ^^'^^^I^^V Tranfgelfing the Order of this Kirk, (hall not befuddcniy ^Lforif;ir received again to the Miniftry, till they firft evidence their Repne. Repentar.ce both before their Presbytery and Synod, and thereafter the famen be reported to the General Allembly, The AiTembly Augnft 12th 1643. Confidering that Sen- tences of iSuperior Judicatories fliould hand cffedfual, till they be taken away by themfelves, therefore Synods are difcharged to Kepone MiniOers Dcpofed by Aflimblies, and Presbyteries from Reponing any Minifter Depofed by He f^««or either. By Ad ot Afl.mbly February 13. 164$. It is Or-' ti!^fZer ^^ ^^^^^^^ ^^^^ ^^ Minifter Depofed (hall be Rettored again Part fh^mr yet ^^"^^^ that placc whcrc formerly he ferved, as being a thing to thdt of prejudicial (o the Congregation, and derogatory to the 'mother De-. weight of that Sentence of Depofition, and it being almoft fJmFlJt/ impoffible that ever he can prove ufeful in that Parifli ~ * again. See the Form ofFrocefs on this Head, AJfemb, 1707. By Ad of Aflembly Augufi 12. 1^48. It is Enafted, That no Minifter Depofed for being an Enemy to the Govern- ment of this Church, when it (hall fall out, that he be put in a capacity of Re-admiffion to the Miniftry, (hall enter into the Congregation of any other Minifter, who alfo 'Mnlfters\{2LX\i been Depofed for that fame Fault. By the 53. Ar- V^^^JfJ.^^ tide of /^e French Church Difciplwe, Minifters who have mlo he^^^^ ^^GJ^ Depofed for Crimes which defervc (ignal Puni(hmenf^ Re^onei, or that bear marks of Infamy, cannot be reftored to their Office, what Acknowledgement foever they make. And as for other lefs Faults, after due Acknowledgment made, they may be Reftored by the National Synod, to fervc in another Church, and not othcrways, which agrees with thefe ASs of our AffembUes juft now cited. S 23. By 1 297 1 J 22. By the i5« Aft of AlTemb: 1^90. All Sentencet MovfaiVeS part againft any Minifter, hwc inde, by any Church ^-^^ ^^*^. Judicatory, upon the Account of the late Diffcrences^JJ^^/!^^,-^^^ among Presbyterians from the Year 1650, till the Kt- sent£nca ^4^ introduftion of Prelacy, are declared to be of themfelres ^f^ring the Void and Null, to all Effeds and Intents. f^/ ^"^ T 1 T L E V. Of Sentettces And iheir Reviews i oj Di:clh?AtHres^ Referefices\ Attd Appeals, § I. T['Udicial Sentences are either Interloquitor?, that sevif^ I is a Sentence intermediate between the Depen- jIjWj (^ *^ dence and Termination of Procefles^ Or they '^^^f????^ are Definitive, that is,they Terminate Proceffes. And thefe are either Abfolvitures, whereby the Defender is freed and AlToilzied from the Conclufion of the Libel or Procefs, or they are Condemnatory, whereby the Conclufion of the Procefs is found juft and true againft the Defender. Oi: they are mixed, whereby the Defender is Abfolved from fome part of the Conclufion of the Procefs, and is Con- demned in other parts thereof. § 2. 1 he Moderator of no Judicatory ought to give SenYmTt forth their Sentence, till the fame be firft put in Writing, w«y? he mit^, and then he is to order the Clerk to read it in prefence of {_^^ M^^^ ^%^ all Parties. Thus no Judicatory can be in the leaft wronged ^' ^''^«'^ by any Clerks Unfaithfulnefs or Omiflion. J 3 When it is doubtful what Sentence (hould be paft, /„ doubtful it is theSafeft-fide and the leaft Error, either to drop the Cafes 'tis pfej! Procefs for the time, or elfe to Abfolve the Defender, con-^? d^I^hh form to that Maxim in Law, Satius efi mpHmtHm reliftqui P p ( ) facwH^ C J98 3 fdcujus mcentis, qnam tnnocentem damndre^ L. 5. D. de p£n, for in Abfolving the Guilty there is but an Omiflion, whereas in Condemning the Innocent there is committing of Iniquity and Injuftice. Conckjiontf' % 4- Before a Judicatory can think to pafs a Sentence, the Catijes, Parties being firft fully heard muft ciofe what they have to fay,and after they have concluded their Defences and An- fwers, then the Judicatory begins to Advife what Sen- tence to pronounce ^ And feing the Purfuer fpeaks firft by his Libel, the Defender is allowed to be the laft Speaker. 'Some Sim § 5. When Faults are Singular and Monftruous, it is '^V-l'J^^^^^^^ Laudable Practice of Judges, to order the Punifhment fftbltckly, and Trial of fuch Crimes in private 5 lam lure, to ac- quaint the People of fome Unnatural Sins, whereof they had never heard, were but a Scandalous and Pernicious Inftru^tion. See the 51. Art: i. Cap, and 10. and 11. Art» of the 5. Cap. of the Frefich Church Difcipline. j^aUitf 0/ S, ^' Sentences are inthemfelves Null, when pronounced Smences, ^ againft the General A£ts of the Church, or by an incompe- tent Judge, fuch as the Sentences of KirkSefiions againft Minifters, or even by Presbyteries and Synods, when the Procefs is carried and admitted before their Superiour Ju- dicatories. TheNmre, S 7- When the Party negleiSts to lufe tht ordinary Re- VJe and End mcdy of Appeal, he is allowed { where the Sentence is of Revievts, palpably gravaminousj topurfue a Heview thereof before Revk^! "'"'' a Superiour Judicatory. They are liike Reduaions, and ought to be fo Libelled, calling the Parties and Judge to produce what is craved, to be reviewed They are not much in ufe with us, and If they were, fome Self- wiird and Litigious perfons would take too much Encou- ragement from it* Aflemblies, from which there lies no Appeal, may Review or Recal their own Sentences, on fome new or extraordinary difcovery. But Inferiour Ju- dicatories from which Parties may Appeal, are not to De- termine i: "^99^ termine, but to refer the delired Review or Reduftion to their Superiour Judicatory. If a Party fhall omit to pro- pone a competent and proper Defence^ with a fraudulent and vexatious Intention to protrad and refume Debates 5 in that cafe he ought not to he heard in his making thereof out of due Time and Order. But fo hear emergent and new difcovered Defences (ince the cgnclulion of the Caufe, is but juft. % 8. In the htter part of the 23^ A£l Varh 1695. It is^TheM^gi- Statute, That the Lords of Their Majefties Privy Council, [Jj'*^^^^^^^^^^^ and all other Magiftrates, Judges and Oflicers of Juftice, AmLnty^fQr give all due Afuftance, for making the Sentences andCen-^em»^ 06c- fures of the Church, and Judicatories thereof to be obeyed, it"!^\J.^ or otherways effedual as accords. / ^^'^^ "^^ " 5* 9. Declinatures are ante latam fententia?n defimtlvami But Appeals are made from and after that Sentence. Thefe Viference Declinatures are of two forts, the firft Unwarrantable, when ^^^^^^^'^ ^J^^- a Judicatory is Declined, as having no Authority, as '^^ ^ y^ppeah: Minifter fhould Declme his own Presbytery, or the other Me^j^^rr^/z- Superiour Judicatories of the Church to be his Lawful ^^^b ^^^^f , Judges, which is a higher Degree of Contumacy, than that ^""^^''^* which follows upon Non-compearance, and may be war- rantably cenfured with Depofition by the 'yth Ad of Par- liament 1690. There is a warrantable Declinature, when a Judicatory is Declined as having committed Injuftice in fome Interlocutor-Sentence. There is likewife a warran- table Declinature, which may be made againft particular Members, who are related to the Party by Confanguinity or Affinity, nearer than a Couiin-german, or who have be- haved themfelves as Parties in the Caufe. It is juft now faid, that Appeals are properly made from Definitive-Sen- tences, but they are likeways made from Interlocutory-Sen- tences, when they contain fuch Damage to the Party, whereof no Reparation can be expecled, from the Defini- tive Sentence that is to enfue. Thus FaiiVs Appeal was P p 2 S' jud, C 300 1 Juft, ABs 2 5. 9. for albeit his Accufers could not proves their Libel againft him, yet his Jjidge did not abfolvc him, but partially and unjuftly Remitted him to the Judgment of his falfe and malicious Accufers. WhatAnyip' S ^o. Appellatio is by Lawyers faid to be Imquitatis pedis J hs ^ententia querela^ a pt'inore Judice ad fnpenore?n provocans , End. The Dcfign of Appeals is to Redrefs wrongs done by the Iniquity, Unskilfulnefs, or Precipitancy of Judges. Th EffEl ^ I !• As to the Eifed of Appeals, non forthtntur EffeBum '©/ an Appedyfi^fP^^^fi'^^^^^^f^^^ devolutivum tantum^^ndi confequently refolve and horv it only in the Nature of Protefts for Remeed of Law againft ^ps ExccH' a Sentence pronounced by the Lords of Seflion, and not Pnt ill [Ylq Nature of Sufpenfions. By the laft Article Cap, 5. AB II. A(fe?n. 1707. an Appeal being made by Parties, fhould lift the Execution of the Sentence appealed from, only while the Appeal is duely and dihgently profecute, and may thereby be determined, otherwife not , unlefs the Judicatory appealed to, receive the Appeal, and take the Affair before them : x^nd in that Cafe the Judicatory ap- pealed from is to Sift till the Appeal be difculled. The Man- §" 12. By the A61 of Ailembly AugnH 50. 1^39. Ap- ^r o/»f^^/»^ pell^tiQjig ^^.g difcharged to be made by leaping over either J^Um'mde, Pi'esbytery or Synod, except it be after the Synod is paft, and immediately before or in the time of the fitting of the General AlTembly. The Ailembly i6^S. Seff. 30. Orders thus, That where the Appeal after Sentence is riot ready to be given in, the Party fhall proteft for Liberty to Ap- peal, and accordingly, within ten Days, give in his written Appeal to the Judicatory or Moderator thereof, otherwife it falls ^ Which Order and Method is further cleared by the 8fi Ad of Affembly 1694. whereby it is appointed,' That Verbal Appellants give in their fubfcribed Appeals, within ten. Days to the Clerk of the Judicatory appealed from, (notwithftanding the Judicatory may be up before the time) and a lib Intimate the fame to the Moderator, by leaving I 301 ] leaving with him an Authentick Copy thereof, with the Reafons of the fame, to be Regiftrated by the Clerk, and . Summonds dire6l thereupon againft Parties Defenders, and Extrads thereof, with the Citation forefaid, are to be pro- duced by the Appellants at the difcufling thereof, Decla- ring that any Appeals or Infiftings thereupon, otherways made, fhall be rejeded. §13. When the Judicatory ad quern meets, the Party When m Appealed, and oftentniies the Judge a quo, craves that the -^^PP^^l j^^^ Appealant may be called, and if he appear not, the Appeal J^^^f ^ '' is holden as deferted '^ In which Cafe Jirfnatnr finte?it'ui. If the Appellant fail, then to Iniift, it ipfo faBo falls, be^ comes Void, and the Sentence of the Judicatory appealed from is to be put in Execution. See The form cf'frocefs on this Head, Enaded 1707. Unlefs the Appellants fend full Inflrudions and Documents for the Neceflity of their Ab- fence.. See Cap. 9 Art, 9. Fre?icb Church Difcipline, ■ § 14. By the Ad of Aifembly AuguH 3. 1643. It is ap- Horv Pmm pointed that all Bills whatfoever of particular Concernment, ^'".^ fi^^^ b whereunto all Parties having Intereft are not cited, fhould f^^^^^^^^f ^*^' be Rejeded. As alfo, that they be firft prefented to the In-' feriour Judicatories of the Kirk, who may competently con- (ider of them, and from them, be orderly d^ ^?w./.-;r/>// brought to the Affcmbly, and References are to be made by the Inferiour to the Immediate Superiour Judicatories in the fame manner. Likewife, Upon a Reference made and intimate, all Parties prcfent are thereby cited, apiui afla, to the Judicatory Referred unto ; But if abfent, the Clerk muft be ordered to diredSummondsagiinft them, whichif omitted, the Reference cannot be Received. § 15. When an Appeal is brought from a Kirk-Seflion ^^'''/^l^f. to the Presb)'tery, they are to condder, whether theCaiife Apptiiatiuii^ is of that Nature, as it behoved at length to come to the ij to be DiJ- Presbytery, by the Courfe of Difcipline, before the linal cuffed,. Determination thereof: As, if it be in a Procefs of alledged Adultery or fuch like , In which Cafe, they may, to fave them- tliemfelves time, fall upon confideration of the Affair, without iniifting upon the Bene or Male Appellatufn^ Whn the ^^^^ ^^^' it ^eem to be prepofteroufly appealed. I5utif the 'Appeal is not the Caufe be fuch, as the Kirk-Seihon are the competent td be >/«/;-and proper Judges of, to its ultimate Decifion, and if there hath no Caufe been given by the Seflion, through tranfgref- iing the Rules of an orderly Procefs, or by the incompeten- cy of the Cenfure, the Presbytery is not to fuftain the Appeal 5 And if they do not fuftain it, but find the Appel- lants to have been Malicious, Litigious, or Precipitant, then they are to Inliid fome Cenfure, fuch as Reproof betore the Presbytery, or appoint them to acknowledge their Preci- pitancy before their own Seffion, and that l'»efide Remitting rj^^'l^ . ^^' the Procefs to them. If the Appeal be fuftained, and yet ^^^^^^^•J^^^^^^" upon proceeding in the Caufe, the Presbytery find theAp- *. pellant Cenfurable, they are to order hun to be cenfured accordingly : But if they find, that the Kirk-Seflion hath unwarrantably proceeded, either to the Contributing to the raifing of a Scandal, or Infiiding a Cenfure without a fuf- iicient Caufe, they are then not only to abfolve the Appel- lant, but to take proper Ways for vindicatmg his Inno- cence 3 Yet fo as not to weaken the Kirk-Seiiions Autho- rity, for which end, they miy give that Seflion futeabJe Inftrudions and Rules to walk by, or private Admonition, or to call for a Vifitation of their Seflion Regifter. See that forecited For?n of Procefs, Aifembly 1707. TII'L]^ 1 303 ] T I T L E VI. Of the Order ofBroceeding to Excommunication, g I. ¥F a guilty Perfon continue in that Condition men- y^, ^ ^ tioned Tit. i. H. L, or ly under the Cenfure of ^eed (rem the the Lffffer Excommunication for a confiderable LefTer to the time, after Intimation thereof hath been made, both in the ^'igher Ex- Congregation where it was Inflided, and alfo in that to Z^'^IT/^'' which he belongeth , And yet be found frequently Relap- Grounds fov iing in thefe Vices, he was cenfured for, it may be conftruc- ^oth, ted fuch a Degree of Contumacy, and fo aggravate the Crime as to found a Procefs for the Cenfure of the Higher Excommunication, which is to be Infiided or not, as may moft tend to the Reclaiming of the guilty Perfon, and E- dification of the Church. Where there is no obdurate Contumacy, the Lejfer Excommunication needs only have Place. Again, where no Scandalous Pradice hath been proven, only there is a (imple Contumacy following by not appearing , In that Cafe, the 'Lejfer Excommunication is length enough. But if the Scandal be of an hainous Na- ture, and that it is Spreading and Infeftious, as in Herefies or Schifm in the Church j In which Cafes, Contumacy is to be proceeded againft. § 2. Yet every Error or Difference in Tudsiment about r- r- ■ Pomts wherem Learned and Godly Men may differ, and c^. Difference which fubvcrts not the Faith, nor is deftrudive to Godli- in Jfidg^ent nefs, or when Perfons out of Confcienee, do not come up J!ff ./#^^^ to the Obfcrvation of all thefe Rules, which are or (hall £^^?^^;^7« be eltabliflied by Authority for Regulating the outward r^/io;?. Worfhip C 504 1 ■ Worfhip of God, and Govetnment of His Church, the Cenfure of Excommunication fliould not be Inflidcd for fuch Caufes. See Durb, on Scandal. The Letter from the AlTembly of Divines at WesiminHer, with the x\nfwer of our General Allembly 1645. HowtheVres' § 3. The Kirk- Seflion having brought the Procefs to the hyt?ry pro- L^^r Excommunication, before they proceed further, they p'rhnTpre- ^^^ ^Y ^ Reference to lay their whole Proceeding in Writ Jeni or abjent before the Presbytery, who finding them to have orderly ■ in order to proceeded, and that the L^/7^r Excommunication is not ihisCe/iJure. fufticient, they are tocaufc cite the Scandalous Perfon. If he appear, and deny the Scandal 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 hath got three. ''Afterthr.ee ^ 4. If he contemn thefe three Citations, then he is to ^^^^"^^thr^' ^^ admonilhed out of the Pulpit, to appear and fubmitt plhlid aL ^hree feveral Sabbaths, and a Presbytery Diet fhould In- mnitms, terveen betwixt every one of thefe Admonitions. By thefe Admonitions Intimation is to be made, that the Presbytery will proceed to Inquire into the Guilt, although the De- "•» linquent be abfent, and threatning him with the higheft Cenfure of the Church, if he continue Impenitent ^ And therefore the Minifter is gravely to admonifh the Party prefent or abfent to Repent and Submitt himfelf to the Difciplinc of the Church. "After three § 5- If after all, the Perfon continue Impenitent or Admonitimsj Contumacious, the Presbytery appoints the Minifter to follow three Pf^y for him publickly in the Congregation, and he is to fMicl Vr^' Exhort them to joyn with him in Prayer, That God would ^"' deal with the Soul of the Impenitent, and convince him of the Evil of his Ways. Which Prayers of the Church, are to be put up three feveral Sabbath Days, a Presbytery Interveening betwixt each Prayer. ^JZZs4t^ § ^! T^e Scaudalous Perfon ftiU continuing Iaipemtent,and 1 305 ] making no Application or Siilniiilion, the Presbytery it then to appoint the Minifter to Intimate their Refolution to proceed upon fuch a Sabbath as they (hnll name for pro- nouncing that dreadful Sentence, unlefs either the Party or fome for him, fignify fome Relevant Ground to flop the Procedure, that fo upon the Congregations tacite Confent and Acquiefcence, the Sentence may have its "due Weight ami intended EfFed. § 7. All thefe flow and feveral Steps of the Churches TheRe^jmf Proceedings to this high Cenfure, do Ihew their Tender- ^^" /"* P^^ nefs towards their Lapfed Brother, their Earnellnefs to have '^^ '*-* him Reclaimed, and aifo to create a greater Regard and Terrour of that dreadful Cenfure, both in the Party and all the People. Let net thofe who deferve it, or upon whom it hath been orderly and juftly Infiided, mock and fay, partnrhmt mantes,. 5cc. For whatfoever the Church (hall fo bind on Earth, our Lord hatli faid it (hall be bound in Heaven, Matth. 18. 18. And this Cenfure is like a Seal to all the Threatnings of God in His Word, which fliall verily be execute againft Impenitent Sinners. 5 8. The day being come, the Minifter is to preach a J!^'^^"^' Sermon fuited to thatfolemn Occafion, concerning theNa--^^"^j / "^^J^ ture, Ufe, and Ends of Church Ceniures, Then, after iht pronounce tke ordinary Prayers and Praifes of the Congregation- are .Se»te«irf, performed,* the Miniiter is to narrate all the Steps of the Procefs, Akw the obftinate Impenitency of the Scandalous Perfon, and that now-there remained only that Mean of cutting him cfF from the Society of the Faithful. Then he is to defire the Congregation to joyn with him in Prayer, That God v/ould grant Repentance to the obftinate Perfon, would gracioufly blefs His own Ordinance, to be a Mean for Reclaiming him, and that others may fear. ^ 9. Then immediately after Prayer that terrible Sentence 7he Wm ef is to be pronounced, in thefe or the like Words, fpeaking^^'"'^^"^'^"'^?/ to him, in the Second Perfon. if prefent, and of him, in the ']-!^'^'^"' t 30^ ] TBri-i Perfo7t, if abfent. Whereas thou K haft been by fuf- ficient Proof convided of (^here inejitlon the Sin ) and af- ter due Admcnition and Prayer, remaineft Obflhiate, with- out any Evidence or Sign of true Repentance. Therefore, in the Name of the LORD JESUS -CHRIST, and before this Congregation, I pronounce and declare thee ?v^. Ex- communicated, fliut out from the Communion of the Faith- ful, debarrs thee from their Privileges, and delivers thee unto Sathan for the deftrudion of thy Flefh, that thy Spi- rit may be faved in the Day of the LORD JESUS. '^ '^'^f 'Vy S* ^o. Why the Apoftle i Cor. 5. 5. exprelTes Excom- Zlttngto i"!- ni^"5nication by delivering to Sathan may be for this, among thAn. other Reafons, That Sathan is called the God of this World, as World is taken in OppoGtion to the Church of • GOD, fo that delivering to him Implies no more than that Mattb. 18. 17. If he negled to hear the Church, let him be to thee as an Heathen Man and Publican, thereby let- ting us know how dreadful a thing it is to be ihut out from the ordinary Means of Grace and Salvation, and ex- pofed to the Temptations of our grand Adverfary the Devil. n'hfti r«* ^ ^^' ^^ after Pra3^er, or before pronouncing of that rmncing r/;f Sentence, the Scandalous Perfon make any publick Signi- Sfntence ^^ iication of his Penitency, and of his deiire to have the hs j:op^id. (^enfure ftopt, the Minifter may upon any apparent Seri- oufnefs in him, delay pronouncing him Excomm.unicated, upon his publick Engagement and Promife to appear b: i jie the Fresb3Jtery at their next Meeting,- of which the Mini- fter is to make Report, and the Presbytery is thereupon to deal with the Scandalous Perfon as they Ihall fee caufe. 7hc EjjcEli ^12. After the pronouncing of this Sentence, the Mi- »■■ •'^•'•f Sen- nifter is to warn the People of the Effeds thereof, fuch as, n>7ce,. rj^i^,^^ ^.|,^^, l^j^l^ ^1^.^^^ PerfcD to be caft out of the Commu- nion of the Church, and therefore they are to fliun all un- iieceilary Converfe with him .• Nevertheiefs Excommuni- cation C 307 1 cation diiTolvetli not the Bonds of Civil or Natural Relati- ons. By the Ai^b of Xllenibly 1596. Revived AlTenibly 1638. Se(]\ 23. Art, 16. fuch are appointed to be Excom- municated as will not forbear the Company of Excommu- nicated Perfons. By the loth of thefe C/z7w?zj- called Jpofio- licalj Si quis el'iam domi cum excomnmnicato fimid ova- verity is pariter excomnnmicetur. By Afiembly 1643. ^e[f, filt, and Afiembly 1648. %ejf. 38. Art. 13. IfaMiniftor haunt the Company of Excommunicated Perfons, he Ihall be Sufpended for the firft Fault, and Deprived for the fe- cond, unlefs he have Licence from the Presbytery, oreife the Excommunicated Perfon be in extremis. No civil Pe- nalty, fuch as Efcheat of Moveables or Caption, doth now follow upon this Sentence, fo that the Liberty and Eflates of Church Menibers are not endangered by it, nor do they depeiid upon Church-men. But upon a Presbyteries Re- prefentation to the Privy Council, againft perfons that arc Contumacious, fuch may not exped to enjoy their Places, or be Intrufted with any, as the lafl" x\d made againft Pro- fancnefs in King Williain\ Reign doth Infinuate. ^yjam. 6. Pari. II. Cap. 27. Excommunicate Perfons are to be charged by the Minifter tcJ depart from the Church in time of Miniftration of Sacraments and Prayer, and not to dif- obey, under the Penalties therein mentioned. g 13. The Minifter is to conclude this Cenfure with J^'';*^^'^^''".^^* Prayer to this Purpofe, That GOD who hath appointed alTpromm-' this terrible Sentence for removing of OflTences, and rcdu- cing the BleJ- cing of obftinate Sinners, would ratify in Heaven, what fi^l* in His Name, and by His Warrant hath now been done on Earth, and that the (hutting him out of the Church may fill him with Fear and Shame, break his obftinate Heart, and be a Mean to deftroy the Flefh, and recover from the power of the Devil, that his Spirit may yet be faved, and alfo that others m.ay be ftricken with Fear, and not dare to fin fo prefumptuoufly, or contemn the Authority § CLq 2 and The rence hetmxt the Greater 0ind Leffer BxcGmmnnir E 50S 1 and Voice of His Church. See Kmx's F(?r/»j prefixed to i the old Pfahns. Then the Congregation is to be difmif- fed with the Bleffing, after finging the laft part of the 101 Pfal/fi. ^#- § 1 4. The 4 Art. Cap. 50 of our Confeffion of Faith faithj That for the better attaining the Endsof Church Cenfures, the Officers of the Church are to procee J by Admonition and Sufpenfion from the Sacrament cf the Lord'sSupper for a time, and by Excommunicajon from the Church. The Difference then betwixt thefe two Cenfures h: Sufpenfion from theLord's Supper,Imports that the petfon fo Cenfured is in Imminent Danger of beingExcommunicated and cut off from the Church, but before that heavy and fi lifhing Stroke be Infiifted, there are further Means to be ufed, fuch as Prayers and Admonitions, in order to his Reclaim- ing, 2 Theff 3. 6, I4j 15. Noup we command you Brethrif^, in the name of our Lord Jefus Chriji, that ye voithdravp your felvet from every Brother that vpalketh diforderlie: And ij any Man obey not our word by this Epifile, note that Man, and have no comp ante with' him , that he maybe a^Damed^ yet count him not as an Enemy^but admonijh him as a Brother, Whereas wlien a perfon is cut off by that high Cenfure, he is to be looked on as a Heathen Man, Matth. 18. 17. Upon which the Church ceafeth to be his Reprover, they give him o- ver for dead or defperate, and will adminifter no more of the Medicine of Church Difcipline unto him, i Cor. la. 1 3. For what hath the Church to do to judge them that are •without } do not they judge them that are within ? hut tbem that are without^ God judgeth. - 515. Perfons guilty of Relapfe in Adultery, or who . are often guilty of other grofs Scandals, are to be more Qn, nM'^^'^fummarily Excommunicate than in ordinary ProcelTes, both ^f^^^j" *^^'''for the Heinoufnefs of the Sin, and for Terrour to others. See Sejf, 98. Apmb. 1648. There is no Excommunicati- on abiblutely Suramar, that is, without previous Citati- ons, SmrrKAr'Ex \im/mnnuati fiHed, . '9: [ 3<>9 ] ons, Admonitions and Prayers, but it is Comparatively Summar, becaufe they are not firft fufpended, as in ordi- nary Church Procedures againft fcandalous perfons. I am fure, where there is no obdurate Contumacy, but on the con- trair. Edifying Signs of true Elepentence, to fuch jimts Ec- clcjidsfef»per patet : For the Elepentance of the greateft Sin- ners is more Edifying and Grateful than their Excommu- nication, And if the Holy One of Ifrael, who is Abfolute and Sovereign in beftowing of His Mercy 6c Grace to whom and when He will, (hall think fir, by giving unfained Re- pentance to that nottour atrocious Sinner, to (ignify His Ibrgiving of him, and receiving him into His Favour 5 How dare any Church upon Earth prefume to deliver fuch a perfon unto Sathan ^ § 16. In cafe the Excommunicate Perfon continue Ob- Imimthn ftinate, after the Sentence of the Presbytery is lni\m3.tQd of the Sememe in all the Kirks within their Bounds, they are to sive an of^Excomm- A ,1 /^io ji ' f ' mention and Account thereof to the Synod, who are to appoint iiij^ma- Ahjoktion. tion thereof to be made in all the Kirks of their Bounds^ and if need be, the Synod is to bring the Cafe to the Af- fembly, that the Sentence may be Intimate through all the Churches of the Kingdom. Ajjemb. 1704. Seff. lo. Af- J^mb. i6^d.Afigufi 10. Only let this be remem bred, 'that if he come to be abfolved, Juftice be done him, in cau- Ung the Abfoluiion be Intimate, where-ever the Excom- munication had been, fo the Plaifler will be proportioned to the Sore. § 17. There is in the Canon Law a Church Cenfore interd,'6l-uin which they call Inter di&u»t^ by which they Excommuni- Local ^.nd cate whole Kingdoms and Provinces for the Fault of fome,^''^"^'''"'^*' Whereby they make the Innocent fuffer wiih the Guilty, through the forbidding the publick Exercife of God's Wor- ihip in that Kingdom, Place, or Province. They have a particular ItttcrdictHm by which they Excommunicate a number of Perfons fpecially de%ned. By the HrO: of thefe the [3103 the Inhabitants are only affeded and reached wich its Cenfure during their Abode or Refidence in the Place In- terdided. But the particular Interdict doth reach and fol- low the particular Perfons thereby Cenfured, where-ever they Sojourn. 'AnAthemA' §18. Cddervpood in' his Hiftory p(tg, 205. tells us, 'thation. Ex- jj^at Anathematization is a Cenfure ot an higher Degree i)TaZ'!Sccur' than Excommunication, but the Reformed Churches gene- fmg areSyns- rally efteem Excommunication to be SeveriJJima Difciptina, njmjif, & hltimum fnlmen Eeclefi^, and in the 26 Sect, i Art, of the Directory for Church Government, as it was printed Afifto 1647. to be Examined by the Aflembly, it is faid. Excommunication is a {hutting out of a Perfon from the Communion of the Church, and it is the greateft and laft Cenfure. And, pray, what can a Church do more ? Or, what have they to do more with a perfon fhut out of f their Communion } The Anathematization among the Oanonifts hath no other Effects, but is the fame upon the Matter with their greater Excommunication 5 Only, when the fame is Inflicted with a number of more Solemnities and Formalities, becaufe of that Parade it is then called ^ Anathematization. And we find by KNOX's Forms, that heufeth the Words Excommunicated and Accurfed, as Sy- nonymous or Equipollent .• See the Form of 9rocefs both on this and the Subfequent Title Affimb, 1 707. TITLE C 3" ] T I T L JE VII. * ' Of the Order of proceeding to Ahfohtlon* g I. TJ y the Manufcript Afts of Affembly at Edin- The oU and JLj l>f(rgh March i$6<^y Perfons Excommnicated /'^''M ^^^ for their Offences, in order to their Abfolu-[,^;^^.J^/^^. tion, {hall ftand Bare-headed at the Kirk-door till Prayers |(,/«»oS. and Singing be ended, and then enter the Kirk,and fit at the publick place of Repentance Bare-headed all the time of the Sermon, and again depart before the laft Prayer, which is agreeable to KNOX's Forms, concluded An»o 1567. and ordered to be printed by AlTembly 1571. and is not difagreeableto the. Primitive Pradice of the Church. But now, if after Excommunication the Signs of Repen- tance appear in the Perfon Excommunicated, fuch as Q^ly Sorrow for Sin, as having thereby Incurred God's heavy Difpleafure, occafioned Grief to his Brethren, and Juftly provoked them to cafthim out of their Communion, together with a full Purpofe of Heart to turn from his Sin unto God, with a humble Defire of recovering P^ce v^ith God and His People. All which the presbytery being fa- tisfyed with, they give Warrant for his Abfolution : Buc in order thereto, he is to be brought before the Congrcga^ tion, and there alfo make free Confeffion and expreis Sor- row lor his Sin, call upon God for Mercy in Chrift, feek to be reftored to the Communion of the Church, and he mutt promife, through the Lord's ^Strength, new Obedi- ence and more holy and circumrpe<3c Walking; Which Ap- ^^ C SI'S 1 • Appearance before die Congregation, fhall be as often as Church Judicatories Ihail find may be for Edification and Tryal of the profefling Penitent's Sincerity. Ahjolmhn § 2. A Minifter may warrantably without Licence from, in EATtiemis. the Presbytery, haunt the Company of Excommunicate Perfons in extremis^ as -is faid, Ttt. Pr^ec, And if he fhall then find in the dying Pcrfon true Signs of Repent- ance, what is there tu forbid his adminiitrating the com- fortable Sentence of Abfolution to him, feing it is due to the Signs of his Repentance, and his dying Condition can- fnot admitt of longer delay. But that Mmifters might have '.'better Warrant, 6c the Fears of dying; Penitents be more ea- I 'lily removed, I wilh there were fome Church Ad exprefly Authorizing Minifters to abfolve Perfons in fuch Circum- flances. I EdiEl of § 5. In the preceeding Title , th'ere is an Edi6l of Ex- 'Ahjolmion, communication mentioned, fo in like manner, and on the fame Ground, there fliould be publifhed an Edid of Ab- folution, at lead a Sabbath before the fame, that fo the ' Penitent may be reftored to the Apparent and Tacite Satis- fadion of that Congregation- who had fo confented to his Seclulion. ^ The Mini- g 4. The Day being come, the Minifter is to preach a Heri Beha- Sermon fuitedto that Occafion, Then, after the ordinary 'praysr ^More P^^y^^s and Praifes of the Congregation are ended, he is to .Ahjolntion, call upon the profelfed Penitent, and make him Declare, Promife, jftid Call upon GOD as above .- Thereafter he is to delire the Congregation to joyn with him in Prayer to this purpofe. That the Lord Jefus Chrift who hath pro- nounced, that whofoever by His MinifLcrs is bound on Earth, Ihall be bound in Heaven i And alfo, that whofoe- ver is loofed by the fame, fhall beluofed and abfolved with Him in Heaven, would A^aercifuUy accept his Creature this profefling Penitent N. whom Sathan of a long time hath held in bondage, fo that he not only drew hinuo Iniquity, but L 3^3 1 but alfo fo hardened his Heart, that he delpifed all Admor" nitions, for the which his Sin and Contempt, they were compelled to Excommunicate him from the Society of the Faithful. But now feing the Holy Spirit hath fo far pre- vailed, that he profefleth Repentance for his Sin, that it may pleafe Gcd by His Spirit and Grace, to make him a lincere and unfeigned Penitent : And for the Obedience of our Lord Jefus Chrifl unto Death, fo to accept of this poor returning Sinner, that his former difobedience be never laid to his charge, and that he may increale in all Godlinefs, fo that Sathan in the end may be trodden under foot by the Power of our Lord Jefus, and GOD may be Glorifi- ed, the Church Edifyed, and the Penitent faved in the Day of the LORD. § 5. After Prayer, the Sentence of Abfolution is to be Semeticeof pronounced in thefe or the like Words. Whereas thou N, ^^N'-^^ion &^ haft been (hut out, for thy Sin, from the Congregation of ^^^t'^^^^To^^^ the Faithful, and haft now manifefted thy Repentance, ved! wherein the Church refteth fatisfyed ^ In the Name of the Lord Jefus Chrift, before this Congregation, I pronounce and declare thee abfolved from the Sentence of Excommu- mjation formerly denounced againft thee, and do receive tnee into the Communion of the Church, and the free Ufe of all the Ordinances of Cbfift. that thou mayeft be Par- taker of all His Benefits to thy Kt^vnal Salvation. After this is pronounced, the Minifter fpeakcth to him as a Bro- ther, Exhorting him to Watch and Pray, or Comforting him, if there be need, the Elders Imbrace hini, and the whole Congregation holdeth Communion with him as one of their own. % 6, When the Preft)ytery hath given Warrant for ab- TJorotheEx- folving the Excommunicate Perfon, he is thereupon mate- ^^^^f^nkmei rially abfolved, and therefore may be admitted to Church uZl'^^ul Worftiip, before he be adually and formally pronounced \mk-. and declared fuch. The Church may Pray for JExcommu- R t niate C3I4 3 nicate Perfons, iinlefs they had certain Knowledge, I mean very well Grounded, that any of them had committed the Unpardonable Sin, and that unto Death, i John 5. 16. Matth. 12. 31, 32. And when we do Pray for thefc 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 Converfion and Repentance. tmth^n tj § 7. The Minifter is to conclude the Abfolution with the Ahjoln- Prayer, thanking GOD who delighteth not in the Death ^JPJ^i of a Sinner, but rather that he (hould Repent and Live; and Magnifying the Mercy of GOD through JefusChrift, in pardoning and receiving into His Favour the moft grie- vous Offenders, whenever by his Grace they unfeignedly Repent and forfake their Sins. Thereafter the Congrega- tion is DifmifTed with the BleiTing, after finging a part of fome Penitential Pfalm* FINIS. A N INDEX Of the TITLES contained in the foregoing COLLECTIONS. BOOK I. Title. Page. I. i^F the Eledlion and Ordination v^ of Paftors. i II. Of Tranfportation and Admiffion of Minifters. 17 III. Of Ads of Tranfportability, of Diiniflions, and Miflljons, and Col- league Minifters. 24 IV. Of Expe I. /^F Scandals and Church Difci- ^^ pline in General. Of the Me- thod of Proceeding with the Scan- dalous, and how Scandals arc to be Tabled before Church-]udica- tories. _ 2^7 II. Of the Tranfaflion and Prcfcrip- tion of Scandals. 266 in. Of Libels, Probation, and Ci- tation. '2.6% IV. Of the Vocational and Perfonal ~ Fauks of Minifrers and Probation- er?, how they are Cenfured, and of the Me') oi of Proceeding to Ccn- lure,and of Reponing them againfl: thefe Ceiiiures- .WSii V. Of