— ^ c s n Digitized by the Internet Archive in 2018 with funding from Princeton Theological Seminary Library https://archive.org/details/abridgrnentofacts00chur_0 AN ABRIDGMENT OF THE acts of tlje (General assemblies OF THE CHURCH OF SCOTLAND, FROM THE YEAR 1638 TO 1820 INCLUSIVE. TO WHICH IS SUBJOINED, AN APPENDIX, CONTAINING AN ABRIDGED VIEW OF THE CIVIL LAW RELATING TO THE CHURCH. SECOND EDITION, GREATLY ENLARGED AND IMPROVED. BY THE REV. ROBERT GILLAN, AUTHOR OF THE VIEW OF MODERN ASTRONOMY, GEOGRAPHY, &C. EDINBURGH: PRINTED FOR THE AUTHOR, AND SOLD BY MACREDIE SKELLY & CO. PRNCES STREET; ROBERT KINNEAR, FREDERICK STREET; AND MACLACHLAN & STEWART, SOUTH BRIDGE STREET. 1821 r r J ) & § \ C. Stewart, Printer . / DEDICATION TO THE REV. DR. DAVID LAMONT, MINISTER OF KIRKPATRICK, DURHAM. Sir, While you have, by the aid of an ori¬ ginal and ingenious mind, illustrated and supported the Ecclesiastical Constitution of Scotland, I have followed the humbler path of collecting and arrang¬ ing the Acts of our Venerable Assembly, in which that constitution consists. To you, therefore, I beg leave respectfully to dedicate the following work; and gladly embrace this opportunity of declaring my sentiments respecting you, as an independent poli¬ tician, a minister, and a man. That you may long continue an ornament to the church, and that your example may have a power¬ ful influence on its various members, is the ardent wish of, Sir, Your most obedient And very humble servant, ROBERT GILLAN. Edinburgh, ^ 38, Dublin Street, > 22d May 1821. ) , ' . . . / . .r > ’• : ■ '• ry; I l V PREFAC E. \ The importance of an Abridgment of the Acts of the Supreme Ecclesiastical Judicature, must be generally acknowledged. The acts at large are not in every clergyman’s possession; several of the older enactments are thrown together in a loose and inac¬ curate manner; and, besides, the search through a mass of detached volumes, will often prove a long and unsuccessful labour. Hence arises the utility of a condensed methodical view of the laws relating to the church, with which every minister ought to be intimately acquainted, both in his individual and judicial capacity. To remove the bar, and afford an easy access to ecclesiastical knowledge, the whole laws of the church have been collected and placed under vari¬ ous heads set down in alphabetical arrangement. Such a work was published by the author in 1801 , the only one of the kind which has appeared since the days of Mr Dundas, procurator for the church, one hundred years ago. An anonymous book on the subject, however, was presented to the public in 1811 ; but, in truth, this was only a number of co¬ pies of the author’s first edition of this work that had been disposed of to a bookseller, the publication VI of which had been delayed for some years, and a few immaterial additions made. Since the publication of the edition of 1801 , a lapse of twenty years, several material alterations have taken place, and many important laws been en¬ acted, which have rendered that work extremely defective. En that edition too, the heads of the acts branched out into such a number, as tended to create confusion. But the present work has com¬ pletely remedied this defect. The number of heads has been reduced one-third, and the arrangement is now rendered simple and accurate. The standing and perpetual acts, are inserted in the precise words conceived by the church, and any thing deemed important in the letters, addresses, de¬ clarations, or other papers found amongst the print¬ ed acts, is recorded; in so much, that no case can occur, where, an application to the acts at large will be necessary. Acts contained under the same head, often com¬ prehend other subjects, than that which is the par¬ ticular enactment; and the object of inquiry may be contained in one or more of them. The acts, therefore, under each head are numbered, and the inquirer guided by references to the particular act required. When an act has been ratified, repealed, or otherwise altered, a direction by the letters of the alphabet, is given at the foot of the page, to the place where it is to be found: there is a reference also at the foot of the page, by asterisks (*), from one head to another, where any additional informa¬ tion may be obtained. A very copious index is add- * • I vu ed, pointing so directly to the place where each sub¬ ject seemed most properly introduced, that a search can neither be difficult nor unsuccessful. Besides inserting the procedure respecting church censures, under the various heads where they natu¬ rally occur, the Form of Process is also, from its high importance, given at large at the end of the Assembly’s Acts. An Appendix is subjoined which chiefly consti¬ tutes the superiority of the present edition to that of 1801 . The former Appendix consisted only of a collection of the acts of parliament relating to the church; but the present contains the existing state of the civil law applicable to the church, and em¬ braces all the decisions of the supreme civil court, with the opinions of the ablest commentators, on * every subject on which a minister may require infor¬ mation. The author has particularly enlarged upon the present situation of the law of augmentation, with the mode of conducting the actions respecting them; and those cases in which presbyteries act in a civil capacity respecting manses, glebes, churches, and schoolmasters. In this part of the work, much important infor¬ mation has been obtained from the excellent and learned treatises of Sir John Connel, the procurator for the church, and some valuable hints from Mr Tait’s work, which the author begs leave gratefully to acknowledge. * . ... . v ■ I 1 - ' . ) c HEADS OF THE ACTS OF ASSEMBLY. Page Absolution,. 1 Acts of Assemblies,. 2 Address,. 5 Annexations, . 11 Appeals,..... 15 Army,. 19 Atheism,. 20 Baptism,. 21 Books, Erroneous,. 22 Bourignionism, . 27 Bursars, .. 29 Calls, . 38 Campvere, . 40 Catechising, Catechisms, . 41 Chapels of Ease,.. 43 Charity, . 44 Christian Knowledge, . 46 Citation, . 54 Commissions to Representatives in Assemblies, . 54 Commissions of Assemblies,. 64 Commission Members, . 70 Commission Book,. 73 Commissions Royal, . 74 Commissions for Reformation in the Highlands and Islands, . 75 Competency of Church Judicatures,. 79 Confession of Faith, . 80 Covenant, . 84 \ b X r.'ige Declaration,. 37 Deposing and Reponing Ministers,. 94 Dissenting Voices, . 97 Doctrine, . 98 Duels, . 103 Evils of the Kirk,. 104 Excommunication, . 106 Excommunication Less, . 108 Excommunication Greater,. ib. Fasts,. Ill Father of an Illegitimate Child,. 113 Formula, . 115 Highlands, . 116 Informers,. 127 Instructions,. ib. Kirk,. 130 Kirk-sessions, . 134 Lecturing,. 135 Letters,. 136 Libraries, . 149 Lord’s Day,. 152 Lord’s Supper,. 154 Marriage,. 158 Ministers,. 160 Oaths, . 174 Office-bearers in the Church,. 177 Ordering the Assembly-house, . 179 Ordination of Ministers,. 182 Overtures,. 185 Papists,. 187 Parishes, . 200 Parliament,. 201 Places Civil,. 204 Prayer,. ib. Preaching,. 205 XI Page Presbyteries,.. 209 Printing,. 211 Probationers,. 212 Process,. 237 Profaneness,. 238 Professors of Theology,. 245 Psalms,. 246 Public Enemies, . 249 Public Money,. 251 Preferences, . 255 Registers, . 256 Remedies of Corruptions, . 259 Representatives in Assemblies, . 263 Running of Goods, . 269 Scandals, . 270 Schism,. 275 Schools,. 280 Schoolmasters,. 285 Simony,. 289 Stipend,. 291 Superstitious Observances,. 293 Supplication,. 294- Synods, . 297 Synod-Books, . 300 Synods’ Meeting, . 304 Thanksgivings, . 306 Transportations,. 307 Uncleanness, . 311 Unity in Religion, . 312 Universities,. 315 Vacant Churches, . 317 Vacant Stipends, . 310 Vagrant Ministers, . ib. Visitations of Kirks, Colleges, and Schools,.. 320 Visitations Ministerial of Families,...». 322 \ xn Page Visitations Presbyterial of Parishes,. 325 Warning, . 326 Weddings,. 329 Widows, . 330 Witchcraft, . 334 Witnesses,. 336 Worship Private,. 337 Worship Public, . 342 Form of Process at large, . 347 HEADS OF THE APPENDIX. Page. Ann,. ] Church Government,. 3 Communion Elements, . 6 Confession of Faith, . 7 Court of Tcinds, . 8 Glebe,. 15 Kirk and Kirk-yard, . 23 Manse,. 25 Marriage, . 31 Ministers,;. 32 Oaths,.... 36 Parishes,. 37 Patronage,. 41 Poor,. 47 Popery, |. 51 Public Worship, . ib. Schools and Schoolmasters,. 52 Simony, .. 54 Stipend, . 55 Sunday,. 61 Vacant Stipend, .. g2 COMMISSIONERS, THAT HAVE REPRESENTED OUR SOVEREIGNS IN ASSEMBLIES, FROM THE YEAR 1638 TO 1820. 1638 Marquis of Hamilton 39 Earl ofTraquair 40 None 41 Earl of Wemyss 42 Earl of Dunfermline 43 Sir Thomas Hope, Ld. Adv. 44 None 45 None 46 The King writes he could not send one 47 None 48 None 49 None 90 John Lord Carmichael 92 Robert Earl of Lothian 94 Id. 95 Id. 96 Id. 97 Id. 98 Id. 99 Id. 1700 James Earl of Seafield 01 William Earl of Annandale 02 Patrick Earl of Marchmont 03 James Earl of Seafield 04 William Lord Ross 05 William Earl of Annandale 06 David Earl of Glasgow 07 Id. 08 Id. 09 Id. 10 Id. 11 William Earl of Annandale 1712 John Duke of Athole 13 Id. 14 Id. 15 John Earl of Rothes 16 Id. 17 Id. 18 Id. 19 Id. 20 Id. 21 Id. 22 Hugh Earl of Loudoun 23 Charles Earl of Hopetoun 24 James Earl of Findlater 25 Charles Earl of Hopetoun 26 Id. 27 James Earl of Findlater 28 Hugh Earl of Loudoun 29 David Earl of Buchan 30 Hugh Earl of Loudoun 31 Id. 32 William Marquis of Lothian 33 Id. 34 Id. 35 Id. 36 Id. 37 Id. 38 Id. 39 John Earl of Hvndford 40 Id. 41 Alexander Earl of Leveu 42 Id. 43 Id. 44 Id. XIV 1745 Alexander Earl of Leven 46 Id. 47 Id. 48 Id. , 49 Id. 50 Id. 51 Id. 52 Id. 53 Id. 54 John Earl of Hopetoun 55 Charles Lord Cathcart 56 Id. 57 Id. 58 Id. 59 Id. 60 Id. 61 Id. 62 Id. 63 Id. 64 John Earl of Glasgow 65 Id. 66 Id. 67 Id. . 68 Id. 69 Id. 70 Id. 71 Id. 72 Id. 73 Charles Lord Cathcart 74 Id. 75 Id. 76 Id. 77 George Earl ofDalhousie 78 Id. 79 Id. 80 Id. 81 Id. 82 Id. 1783 David Earl of Leven 84 Id. 85 Id. 86 Id. 87 Id. n 88 Id. 89 Id. 90 Id. 91 Id. 92 Id. 93 Id. 94 Id. 95 Id. 96 Id. 97 Id. 98 Id. 99 Id. 1800 Id. 01 Id. 02 Francis Lord Napier 03 Id. 04 Id. 05 Id. 06 Id. 07 Id. 08 Id. 09 Id. 10 Id. 11 Id. 12 Id. 13 Id. 14 Id. 15 Id. 16 Id. 17 William Earl of Errol 18 Id. 19 George Earl of Morton 20 Id. MODERATORS OF ASSEMBLIES, FROM THE YEAR 1638 TO 1820, 1633 Alexander Henderson 39 David Dickson 40 Andrew Ramsay 41 Id. 42 Robert Douglas 43 Alexander Henderson 44 James Bonnar 45 Robert Douglas 46 Robert Blair 47 Robert Douglas 48 George Gillespie 49 Robert Douglas 90 Hugh Kennedy 92 William Crichton 94 John Law 95 Patrick Simpson 96 Id. 97 William Crichton 98 George Meldrum 99 George Hamilton 1700 David Blair 01 Thomas Wilkie 02 David Williamson 03 George Meldrum 04 Thomas Wilkie 05 William Carstairs 06 William Wishart 07 John Stirling 08 William Carstairs 09 John Curry 10 William Mitchel 11 William Carstairs 12 William Hamilton 1713 William Wishart 14 William Mitchel 15 William Carstairs 16 William Hamilton 17 William Mitchell 18 William Wishart 19 James Grierson 20 William Hamilton 21 Thomas Black 22 William Mitchel 23 James Smith 24 William Wishart 25 James Alston 26 William Mitchel 27 William Hamilton 28 William Wishart 29 James Alston 30 William Hamilton 31 James Smith 32 Niel Campbell 33 John Gowdie 34 James Gordon 35 Alexander Anderson 36 Lauchlan Macintosh 37 Neil Campbell 38 James Ramsay 39 James Bannatyne 40 George Logan 41 James Ramsay > 42 Thomas Tullideph 43 Robert Wallace 44 John Adams 45 William Wishart XVI 1746 John Lumsden 47 Robert Kinloch 48 George Wishart 49 Patrick Cuming 50 Robert Paton 51 James Mackie 52 Patrick Cuming 53 Alexander Webster 54 Robert Hamilton 55 George Reid 56 Patrick Cuming 57 William Leechman 58 Thomas Turnbull 59 George Hay 60 Robert Hamilton 61 John Hyndman 62 Robert Trail 63 William Robertson 64 Alexander Gerard 65 James Oswald 66 John Hamilton 67 James Murison 68 Gilbert Hamilton 69 James Macnight 70 Alexander Car lye 71 Robert Walker 72 Adam Ferguson 73 John Drysdale 74 Robert Henry 75 David Shaw 76 John Ker 77 James Brown 78 Patrick Grant 79 James Gillespie 80 Harry Spence 81 William Dalrymple 82 Joseph M’Cormick 83 Harry Grieve John Drysdale Sir II. Moncrief Wellwood Duncan Shaw Robert Liston Archibald Davidson George Hill John Walker Robert Small Andrew Hunter Thomas Hardy Robert Arnot James Meek William Greenfield John Adamson William Taylor William Moodie George Baird William Ritchie James Finlayson Gilbert Gerard John Inglis George Hamilton William Taylor James Sheriffs Andrew Grant Francis Nicol Hugh Micklejohn Alexander Ranken William Macmorine Andrew Brown David Ritchie Lewis Gordon John Cook Gavin Gibb John Campbell Duncan Macfarlane Thomas Macknight 1784 85 86 87 88 S9 90 91 92 93 94 95 96 97 98 99 1800 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 AN ABRIDGMENT Of THE Acts of tfje General Assemblies OF THE CHURCH OF SCOTLAND. ABSOLUTION*. I. A person censured and absolved from his scandal in a- ljother congregation than where he lives, is to bring a testi¬ monial of his absolution, which is to be intimated to the con¬ gregation he lives in, if the scandal be also flagrant there J otherwise it will be sufficient to intimate the same to the ses¬ sion ; and the same is to be done in the case of the profession of repentance, where there has been a sentence of the lesser excommunication.— Form Proc. cap. 4. § 19. Act 11. Ass . 1707. II. If after excommunication, signs of repentance appear in the excommunicated person, and an humble desire of re¬ covering peace with God and his people, and of being re¬ stored to the communion of the church; and if the presby¬ tery, upon his application, be satisfied therewith, and give warrant for his absolution, he is to be brought before the con¬ gregation, to make free confession of his sin, and sorrow for * See Scandals. 12. A ACTS OF ASSEMBLY. <2 - , • it; and this appearance is to be as often as shall be found for edification, and trial of the professing penitent’s sincerity: and being satisfied in this, the minister and congregation are to praise God, for his blessing the ordinance, and making it effectual. But before the minister proceed to absolution, he is to pray, with the congregation, That God would merci¬ fully accept his creature (the person to be absolved), and that it would please God, by his spirit and grace, to make him a sincere and unfeigned penitent, and so to accept him, that his former disobedience may never be laid to his charge, and that he may increase in all godliness; so that Satan in the end may be trodden under foot by the power of our Lord Jesus Christ, and God may be glorified, the church edified, and the penitent saved in the day of the Lord.— Form Proc. cap. 9. § 1. Then follows the sentence of absolution in these or the like words:—“ Whereas thou N. hast been for thy sin, shut out from the communion of the faithful, and hast now manifested thy repentance, wherein the church resteth satis¬ fied ; I, in the name of the Lord Jesus, before this congrega¬ tion, pronounce and declare thee absolved from the sentence- of excommunication formerly denounced against thee, and do receive thee to the communion of the church, and the free use of all the ordinances of Christ, that thou mayest be par¬ taker of all his benefits to thy eternal salvation.”— Ibid. § 2. After the sentence of absolution, the minister speaketh to him as a brother, exhorting him to watch and pray, and com¬ forting him as there shall be cause. The elders embrace, and the whole congregation hold communion with him as one of their own : and the absolution should be intimated in all the churches where the excommunication was intimated.— Ibid. § 3. Act 11. Ass. 1707. ACTS OF ASSEMBLY. I. The six pretended assemblies,—at Linlithgow, 1606, and 1608; Aberdeen, 1616; St Andrews, 1617; and Perth, 1618, are condemned as unlawful, and their acts annulled; ACTS OF ASSEMBLY. 3 and the reasons thereof set down at large, in Act Sess. 12, Dec. 4. Ass. 1638. II. That all acts made anent keeping assemblies be observ¬ ed .—Act Sess. 23, 24. Dec. 17, 18. Ass. 1638 Act. 9. III. All commissioners from presbyteries, burghs, and uni¬ versities, ordained to get under the clerk’s hand an index of the acts, till the acts themselves be extracted, and thereafter to get the full extract of the whole general acts, to be inserted in their presbytery books; whereby all their proceedings may be regulated in time coming: and recommended to every kirk-session to obtain an extract of these acts .—Act Sess. 26. Dec. 20. Ass. 163S. This innovated by the following acts. IV. An overture, that some commissioners be appointed to visit and peruse the whole acts of general assemblies, and to mark such acts as are for the use of the kirk in general, and to extract the same out of the registers, to the effect, that after they are tried they may be printed, according to the old act of assembly at Edinburgh, March 7, 1574, Sess. 9, is al¬ lowed and remitted to the care of the presbytery of Edin¬ burgh, and they to report to the next assembly .—Act Sess. 22. Aug. 29. Ass. 1639. Art. 1. V. Recommended to every parish and session, to buy the printed acts of the assembly ; and 'presbyteries are ordained to crave account thereof from all ministers, before their going to provincial assemblies; and appointed, that every provin¬ cial assembly crave account from presbyteries in their trials, if every session be so provided, and that they try the dili¬ gence of presbyteries and ministers used for that effect .—Act Sess. 18. Feb. 12. Ass. 1645. VI. Enacted, That before any general assembly of this church pass any acts which are to be binding rules and con stitutions to the church, these acts be first proposed as over¬ tures to the assembly; and being passed by them as such, be remitted to the consideration of the several presbyteries of the church, and their opinions and consent reported by their commissioners to the next general assembly following, who f) 4 ACTS OF ASSEMBLY. may then pass them into acts, if the general sense of the church, thus procured, agree thereto .—Act 9. Ass. 1797. VII. Enacted, That when any thing of public concern and great weight is proposed to the assembly, to be past as over¬ tures or acts, for a standing rule to the church, after the first reading, it be delayed till the next day of the assembly’s sit¬ ting, and lie on the table to be seen and considered by all the members; and likewise, when any thing is past as overtures by the assembly, that all and every presbytery read them publicly in their presbyterial meeting once before the first meeting of the synod next after the assembly, and consider them; and that this be recorded in their presbytery book, and enquired into by their synods in visiting presbytery books. And ’tis recommended to all presbyteries to send in an account of their judgment and opinion thereanent, with their commissioners to the assembly, in writ, but as briefly as may be, and the overtures to be printed after the acts. And ’tis appointed that each minister and kirk-session have a copy of all the printed acts of the assembly; and that enquiry be made into this at presbyterial and synodical censures, and their diligence recorded .—Act 16. Ass. 1700. VIII. Recommended to the several presbyteries and kirk- sessions, who want the acts of former assemblies, to furnish themselves therewith ; and the agent for the kirk is appoint¬ ed in all time coming, after every assembly, as soon as the acts thereof shall be printed, to transmit as many copies of the same to every presbytery within the kingdom, as will serve them, and each parish within their bounds; and both presbyteries and sessions are ordained, at their first meeting, after receiving the said acts, to cause read the same, at least' so many of them as are of public concern, and which relate to themselves, in order to their observing thereof; and all this to be upon the charges of the several presbyteries and sessions: And synods arc enjoined to enquire at presbyteries, how this act is observed, and cause mark their diligence thereanent in their books : And the commission is appointed ADDRESS. 5 to use their endeavours that this act be made effectual, and duly observed by these concerned.— Act 18. Ass. 1705. IX. Enacted, That no act rescissory of any standing acts of the general assembly be passed, until such acts rescissory be first transmitted to presbyteries, and their general opinion had for rescinding the same.— Act 8. Ass. 1736. X. Act Sess. 18. Feb. 12. Ass. 1645 a Act 16. Ass. I700 b and Act 18. Ass. 1705 c are revived in Act 7. Ass. 1773. XI. Resolved, That the assembly take two hundred copies of the printed acts annually, viz. one for the moderator, and one for the clerk of each presbytery, one for each synod, and one for each university, and one for the faculty of advocates: And ordered, That the acts be left at the Society’s Hall, and presbyteries and synods send for their copies on or before the 1st day of December annually, certifying if they do not send for them on or before that day, they will be sent by post at their expense. And farther, when they do send for their copies, they shall send a receipt therefore, that the clerks of assembly may have evidence of their being delivered.— Act 12* * Ass. 1779. ADDRESS*. I. Address by the assembly to King William, upon the oc¬ casion of the peace concluded at lleswick, betwixt his Ma¬ jesty and his Allies, and the French King.— Act 4. Ass. 1698. II. Address by the assembly to Queen Anne, representing the church’s grievances from the extraordinary growth of Popery, the disorders of some of the Episcopal clergy, and the abounding of immorality and profaneness, and begging redress.— Act 8. Ass. 1703. III. Address by the assembly to the Queen, humbly thank- a Supra, 5. b Ibid. 7. c Ibid. 8. * See Declaration, 15 . Oath, 4. 5. 6 ADDRESS. ing her for her tender care of this church, and for her graci¬ ous answer to the address of their brethren, the distressed and persecuted Protestants of France.— Act IS. Ass. 1707. IV. Another address, congratulating her Majesty upon de¬ feating the late attempt of an invasion from France in favour of the Pretender.— Act 5. Ass. 1708. V. The assembly addresses the Queen, begging, that she would give countenance to such requests as might be laid be¬ fore her, by their Commission, for a redress of the church’s grievances, and interpose her royal authority for that end.—■ Act 18. Ass. 1712. i VI. The assembly, in an address, congratulates her Ma¬ jesty, upon her recovery from a late indisposition.— Act 4. Ass. 1714. VII. The assembly, by an address, lays before her Majesty, the extraordinary growth of Popery, and insolence of Priests and Papists, by avowedly keeping, and resorting to, chapels and mass-meetings, and also the disorders of some of the E- piscopal clergy. They vindicate themselves from the asper¬ sions of disloyalty cast upon them by those who are disaffec¬ ted to the Protestant succession and church establishment; and they regret the abounding of error and profanity; and humbly entreat for a vigorous execution of the laws against Popery and profaneness ; and that all practices and attempts against religion and the church establishment might be pre¬ vented and punished.— Act 12. Ass. 1714. VIII. The assembly, in an address, congratulates his Ma¬ jesty King George (I.) in most affectionate terms, upon the suppression of the rebellion.— Act 6. Ass. 1716. IX. The assembly presents an humble address to the King respecting the growth of Popery, with a large memorial of particular instances of the increase of that evil.— Act 6. Ass. 1722. X. The assembly, in another address, declare their detesta¬ tion of the execrable conspiracy against the King’s person and government, approve of an address by the Commission, ADDRESS. i ami express, their joy, that it had pleased God to assist m making a seasonable discovery of the design.-— Act 4-. Ass, 1723. XI. The assembly address the King, giving him a parti¬ cular representation of grievances from Papists, and the irre¬ gular practices of the nonjuror and prelatical clergy.— Act 11. Ass. 1727. XII. The assembly, in an humble address to the King, (George II.) express their sorrow for the death of the late King; and declare their joy and satisfaction on the present King’s quiet and peaceable accession to the throne.— Act 4. Ass. 1728. XIII. Another address, congratulating the King upon the marriage of the Princess Royal with his Serene Highness the Prince of Orange.— Act 4. Ass. 1734. XIV. Another congratulatory address to his Majesty, on occasion of the marriage of the Prince of Wales with her Se¬ rene Highness Augusta of Saxe Gotha.— Act 4. Ass. 173G. XV. The commissioners appointed by the general assem¬ bly, address the King for a repeal of the act of the 10th of Queen Anne, establishing the right of patrons to present to vacant churches, and a restoration of their privileges men¬ tioned in the act of union.— Act 6. Ass. 1736. XVI. An address to the King on the success of his arms against the Spaniards ; and particularly on the victory at Car- thagena.— Act 7. Ass. 1741. XVII. The assembly, in an address, testify their abhor¬ rence of the intended invasion of his Majesty’s kingdoms ; declare their loyalty, and their resolution to support his go¬ vernment, the great bulwark, under God, of their religion, law, and liberty.— Act 8. Ass. 1744. XVIII. In another address, the general assembly declare their detestation of the unnatural rebellion; and congratu¬ late his Majesty on the success of his arms over the rebels.— Act 5. Ass. 1746. XIX. The assembly, in another address, congratulate the 3 ADDRESS, King on the return of national tranquillity; they express their regard to his person and government, and testify their satisfaction in the success of his councils and arms, which, through God, secured to them the undisturbed exercise of the best religion, and the full enjoyment of a British Con¬ stitution.— Act 8. Ass. 1749. XX. Another address, congratulating the King on the birth of a Prince in his House, the son of their Royal High¬ nesses the Prince and Princess of Wales.— Act 7. Ass. 1750. XXI. The assembly address the King on the occasion of his declaring war against France; giving him the assurance of the loyalty of the people of Scotland.— Act 4. Ass. 1756. XXII. An address in which the general assembly congra¬ tulate the King on the signal successes with which God hath blessed his arms since their last meeting.— Act. 4. Ass. 1760. XXIII. The assembly, in affectionate terms, address his Majesty (George III.) expressing their sorrow for the death of his royal grandfather; and declaring their satisfaction on his quiet and peaceable accession to the throne of his fathers. — Act. 4. Ass. 1761. XXIV. XXV. XXVI. The general assembly, in an ad-* dress, congratulate the King on his nuptials with a Princess of illustrious birth and eminent virtues: And in one to the Queen congratulate her on her arrival in these kingdoms, and on her marriage with a monarch who by his virtues and go¬ vernment has acquired the affection and confidence of his sub¬ jects: And in another assure the Princess of Wales of their sincere joy at the union of the King her son with a Princess of exalted birth and amiable endowments.— Acts. 6, 7, 8. Ass. 1762. XXVII. XXVIII. The assembly address the King, ex¬ pressing their warm congratulations on the re-establishment of peace, after a long, successful, yet burdensome war; and present to their Majesties their humble congratulations on the birth of the Prince of Wales.— Acts. 4, 5. Ass. 1763. XXIX. The assembly again address the King expressing ADDRESS. 9 their concern for the spirit of dissention which then disturbed the seat of government, and alarmed the remotest parts of the kingdom; and declaring their sincere attachment to his per¬ son and family.— Act. 4. Ass. 1769. XXX. The assembly, in an affectionate address, congratu¬ late the King on the birth of a Princess.— Act. 4. Ass. 1770. XXXI. In another declare their joy on the birth of a Prince. —Act A. Ass. 1773. XXXII. And in another on the birth of a third Prince.— , Act. 4. Ass. 1774. XXXIII. In a warm address, the assembly present their sin¬ cere condolence on the untimely death of his Majesty’s sister, the late Queen of Denmark. — Act. 4. Ass. 1775. XXXIV. £XXV. The assembly, in loyal and affectionate expressions, address the King on the situation of affairs during the war in North America: And, in another address, congra¬ tulate him on the birth of another Prince. — Acts. 4,5. Ass.117 6. XXXVI. XXXVII. XXXVIII. XXXIX. XL. The as¬ sembly, in acts 4. of assemblies 1777, 1778, 1779, 1781, 1782, address the King, congratulating him on several additions to the Royal Family ; and expressing their loyalty and affection during the contest in North America. XLI. XLII. The assembly, in expressions of attachment, address his Majesty on the conclusion of the American war, and the return of peace and tranquillity to the kingdom; and on the birth of a Princess. — Act. 4. Ass. 1783, 1784. XLIII. Another address congratulating the King on the effects of those measures which prevented the nation from being 'involved in war - and declaring the assembly’s resolution of commemorating the anniversary of the Revolution in 1688.— Act. 4. Ass. 1788. XLIV v XLV. The assembly in two addresses, couched in the most affectionate expressions, congratulate their Majesties on the King’s recovery from an alarming illness.— Acts. 4, 5. Ass. 1789. XL\T. XLVII. XLVIII. The assembly, in act 4, assem- B 10 ADDRESS. bly 1 792 , address the King on the marriage of the Duke of York: And in acts 4, assemblies 1793, 1794, address him on the subject of the war with France. XLIX. L. The assembly address the King and Prince of Wales on the marriage of the latter.— Acts. 4, 5. Ass. 179 5. LI. LII. In loyal, dutiful, and affectionate terms, the as¬ sembly address the King on his late preservation when attack¬ ed upon his way to the house of Peers; and in another con¬ gratulate him on the birth of a Princess, daughter to the Prince and Princess of Wales.— Acts. 4, 5. Ass. 1796. LIII. Another address on the marriage of her Royal High¬ ness the Princess Royal, with his serene Highness the Heredi¬ tary Prince of Wirtemberg Stutgard.— Act 4. Ass. 1797. LIV. Another address, in most loyal and dutiful expres¬ sions, on the subject of the present arduous contest in which the nation is engaged with France.— Act 4. Ass. 1798. LV. The assembly, in loyal terms, address his Majesty on the situation of public affairs during the present French war. Act 4. Ass. 1799. LVI. LVII. LVIII. Another address conceived in warm and affectionate expressions on the King’s providential escape from the hands of a traitorous assassin : Another on the pre¬ sent posture of public affairs, in Acts 3. 5. Ass. 1800: And another on the situation of public affairs.— Act 4. Ass. 1801. LIX. An address to the King on the restoration of the blessings of peace, is contained in Act 5. Ass. 1802. LX. A warm and affectionate address to the Kino- on the O defeat of an atrocious conspiracy against his life, and the con¬ stitution of the country; and on the present .crisis of public affairs.— Act 6. Ass. 1803. LXI.—LXVI. Addresses to the King on the situation of public affairs, are contained in Acts 4. Ass. 1S04, 1805, 1806, 1807, 1808, 1809. LXVII. An address to the King on the fiftieth anniversary of his accession to the throne .—Act 4. Ass. 1810. LXVIII, A warm and dutiful address to the Prince Regent ANNEXATIONS. 11 on the illness of his Royal Father, and the death of the Prin¬ cess Amelia.— Act 4. Ass. 1811. LXIX. LXX. Addresses to the Prince Regent on the King’s illness, and the situation of public affairs.— Act. 4. Ass. 1812, 1813. LXXI. An address expressive of sympathy for the King’s indisposition, and congratulation on the success of the allied powers.— Act 4. Ass. 1814. LXXII. Another on the King’s protracted illness, peace with America, and the change of affairs by the return of the Ex King of France_ Act. 4. Ass. 1815. LXXIII. Another on the King’s illness, the conclusion of peace, and the marriage of the Princess Charlotte with Leo¬ pold Prince of Saxe Coburg.— Act 4. Ass. IS 16. LXXIV. An affectionate address to the Prince Regent on the King’s continued indisposition, the atrocious assault on the person of his Royal Highness, and the situation of affairs. — Act. 4. Ass. 1817. LXXV. A loyal and warm address to the same, on the ill¬ ness of his Royal Father, and the lamented death of his ami¬ able and beloved daughter .—Act 4. Ass. 1818. LXXVI. Another loyal and warm address to the same, on the King’s long indisposition, and the death of the Queen.—■ Act. 4. Ass. 1819. ANNEXATIONS. I. The presbytery of Sky adjoined to the provincial synod of Argyle.— Act. Sess. 7. Aug. 3. Ass. 1642. II. Ordered, That the entry and possession of the new c~ reeled presbytery of Biggar, consisting of the twelve kirks mentioned in the act, be immediate, and that the kirk of Biggar be the presbytery scat; and ’tis referred to the com¬ mission to determine to what Synod that presbytery shall be subordinate, and to prescribe the order and solemnities that shall be necessary, for entering and possessing the ministers 12 ANNEXATIONS. and ciders of the said presbytery.— Act. Scss. 5. June 3. Ass . 1644. III. The presbyteries of Kirkwall in Orkney, and Scallo¬ way in Zetland, are joined to the provincial of Caithness and Sutherland, and the same is to meet only once in the year, in respect of their great distance and the interjection of seas; and the place of their first meeting is appointed by the act; but ’tis left to the provincial itself, to appoint the place of their after meetings.— Act. Sess. 11. June 15. Ass. 1646. IV. The presbytery of Zetland is disjoined from the pro¬ vincial of Caithness and Orkney, and the said presbytery sub¬ ordinated immediately to the general assembly; for which cause, their commissioners are to be sent to each assembly the more carefully: And ’tis recommended to them, that they send to the next assembly a particular information of the qua¬ lity and condition of all their kirks according to Act Scss. 7. Ass. 1647. a — Act Scss. 35. Aug. 9. Ass. 1648. V. The parishes of Ballantrae and Calmunel are disjoined from the presbytery of Air, and annexed to that of Stranraer; and the parishes of Kirkmabreck, Kells, Dairy, and Carsfern, are disjoined from the presbytery of Kirkcudbright, and an¬ nexed to that of Wigton.— Act 4. Ass. 1699. VI. Strathbogie presbytery is disjoined from the synod of Aberdeen, and again annexed fo that of Murray, as formerly. — Act 4. Ass. 1700. VII. The synod of Angus and Mearns and the synod of Aberdeen disjoined, and appointed to meet in two distinct syhods in their usual places, according to Act Dec. 1638. h — Act. 7. Ass. 1701. VIII. The parishes of Dairy and Carsfern are disjoined from the presbytery of Wigton, and reunited, and again an¬ nexed to the presbytery of Kirkcudbright, as they were be¬ fore the Act 4. Ass. 1699. c — Act. 13. Ass. 1703. IX. The act June 15. Ass. 1646, d is revived, and the synod e Supra, 5. a Kirks, 5 . b Synods, I. d Supra, 3. ANNEXATIONS. 13 of Caithness appointed to enquire diligently into the state of affairs in Zetland; and ’tis declared, That this act shall, ob¬ tain and stand in force, until the same be recalled by a sub¬ sequent assembly; and that, notwithstanding the act Aug. i). Ass. 1648/ disjoining the presbytery of Zetland from that synod. But ’tis declared, That notwithstanding this annexa¬ tion, the presbytery of Dornock shall still continue to meet and act presbyterially with the presbytery of Ross, as former¬ ly.— Act. 4. Ass. 1704. X. Act April 11. 1706/ ratified, without disjoining the presbyteries of Zetland or Caithness, or annexing the presby¬ tery of Sutherland thereto; and the presbytery of Orkney is divided into two, and the ministers of the parishes in the Main-land and South Isles, with a ruling elder for each mi¬ nister are erected into one presbytery, called the presbytery of Kirkwall, to meet at Kirkwall: And the ministers of North Isles, with a ruling elder for each minister, are erected into another presbytery, to be called the presbytery of the North Islands; to meet at-Edday.— Act. 10. Ass. 1707. XI. The parishes of Glenelg, Kintail, Lochailish, Loch- carron, Gairloch, Lochbroom, and Assint, are erected into a presbytery, called the presbytery of Gairloch, to have their ordinary meeting in that place. And the parishes of Kil- malie, Kilmanivaig, Abertarff, Laggan and Urquhart, and Glenmoristoun, are erected into another presbytery, called Abertarff; to meet at Killiewhimmin. And the whole pa¬ rishes in the Isle of Sky are erected into another presbytery, named Sky; their ordinary meetings to be at Strowan in Braccadale. These, with the presbytery of Long Island, to be erected into a synod, named Glenelg; to meet at Glenelg. — Act. 5. Ass. 1724. XII. The parishes of Kirkwall, Deerness and St Andrews, Holme, South Ronaldsay, Eire, and llendal, 'are united into one presbytery, called Kirkwall; to meet at Kirkwall. The e Synods, 1. f An imprinted act. 14 ANNEXATIONS. parishes of Birsay and Harray, Firth and Stenhouse, Orphir, Sandwich, and Stromness, Gramsay and Hoy, are united into one presbytery, called Cairstoun; their ordinary meet¬ ings to be at Cairstoun. The parishes of Rousay, Egilshay, Westray and Papa Westray, Cross Parish, Burness and North Ronaldsay, Lady Parish, Stronsay and Eday, and Shapinshay, to continue their meetings as formerly at Eday, and to retain the name of the presbytery of the North Isles. And these three presbyteries are erected into a synod, called Orkney; to meet at Kirkwall.— Act. 5. Ass. 1725. XIII. The parishes of Diurness, Edrachilles, Tong, and Far, are disjoined from the presbytery of Caithness, and the parishes of Kildonan and Assint from that of Dornock, and erected into a presbytery called Tong; to meet at Tong. The presbytery of Dornock is disjoined from the synod of Ross, and, along with Caithness and Tong, erected into a synod, called Caithness and Sutherland, to meet at Dornock and Thurso per vices. — Act. 4. Ass. 172 6. XIV. The parishes within the isles of Mull, Tirce, and Coll, and the country of Ardnamurchan, Sunnard, and Mor- ven, consisting of six ministerial charges, viz. Torosay, Mor- ven, Tiree, Ardnamurchan, Kilfinichen, and Kilninian, are erected into a presbytery, named Mull, to meet at Arras in Mull: And the parishes of Lismore and Appin, Ardchattan and Muckairn, Kilmoir and Kilbride, Kilbranden and Kil- chatten, Kilninver and Kilmelfort, are erected into a pres¬ bytery, called Lorn; their place of meeting Kilmoir —Act 5. Ass. 1729. XV. Presbyteries are discharged from consenting to, or conniving at the suppression or annexation of parishes, with¬ out the consent or approbation of the synod of the bounds, or the general assembly .—Act 5. Ass. 1740. XVI. The parishes of Lochs, Stornoway, Barfas and Uig, are disjoined from the presbytery of Long Island, and erected into a presbytery, called Lewis, to meet at Carlaway: And the parishes of Harris, North Uist, South Uist, and Barra, APPEALS. 15 are erected into another presbytery, named Uist; their ordi¬ nary meetings to be at Carinish .—Act 4. Ass. 1742- XVII. The parishes of Annan, Hoddam, Dornoch, Mid- dlebee, Kirkpatrick, and Gretna from the presbytery of Mid- dlebee, and the parishes of Cnmmertrees and Rnthwell from the presbytery of Lochmaben, are erected into a presbytery named Annan, to meet at Annan. And the parishes of Lang¬ holm, Ewes, Westerkirk, Esktlalemoor, from the presbytery of Middlebee, and the parish of Castletoun, from that of Jed¬ burgh, are erected into a presbytery, called Langholm ; their place of meeting Langholm .—Act 5. Ass. 1743. XVIII. Synods are prohibited to disjoin any parish from a presbytery, and annex the same to another, without first having the authority of the general assembly; and that what shall be done in virtue of such authority, be reported to the assembly next following, and their approbation had to any such annexation or disjunction.- Act. 5. Ass. 1745. XIX. The parish of Nenthorn is disjoined from the pres¬ bytery of Lauder, and annexed to that of Kelso; and the ministers of Nenthorn declared constituent members of the presbytery of Kelso in all time coming .—Act 8. Ass. 1776. APPEALS*. I. That in all time thereafter, no appellations be, leaping over either presbytery or synod, but to ascend by degrees; as, from the kirk-session to the presbytery, or from the pres¬ bytery to the synod, and from the synod to the general assem¬ bly ; except it be after the synod be past, and immediately before the general assembly, or in the time thereof: And all former acts made to this effect are renewed .—Act Sess. 23. Aug. 30. Ass. 1639. II. That the foresaid acts anent appeals be extended also to bills and references; that all bills whatever of particular ‘ * Transportations. Citations. Ordering assembly house, 4. 16 APPEALS. concern, whereunto all parties having interest are not cited, be rejected; that all bills be first presented to the inferior judicatures of the kirk, which may competently consider of them, and from them be orderly and gradatim brought to the assembly, according to the order prescribed in the above act; that, if all the parties having interest in appellations and re¬ ferences of particular concernment, have been present in the inferior judicature when the appeal and reference was made, there is no necessity for citation ; but, in case of their ab¬ sence, citation of parties is so necessary, that if it be wanting, appellations and references should not be received; that con¬ form to former acts of assemblies, appellations, post senteii- tiarn, be made within ten days after the sentence, and other¬ wise not to be respected.— Overt. Sess*-2. Art. 1,2, 3.4, 5. Aug. 3. Ass. 1643. III. For clearing the sense of article 5, above mentioned, ’tis declared, That if appellations, post latam sententiam , be not presented to the judicatory when the sentence is pro¬ nounced, the party shall then immediately after the sentence, protest for liberty of appeal, as he shall see cause; and ac¬ cordingly within ten days shall give in his appeal, in writ, under his hand, either to the judicatory, or the moderator thereof, otherwise the appeal is not to be respected.— Act Sess. 30. Aug. 5. Ass. 1648. IV. That any appeals made in writ under the appellant’s hand, with the reasons thereof, in presence of the judicatory appealed from, shall be extracted by the appellant in due form, from the records of the said judicatory, and produced to the judicatory appealed to, at the discussing thereof, with a citation of the parties defenders therein, either apud acta if they be present when the appeal is made, or a separate cita¬ tion if they be absent; and that all parties, who have imme¬ diately after sentence verbally appealed, and protested for liberty to give in their subscribed appeals, with the reasons thereof, within the space of ten days thereafter, according to the former practice,jshall, within that space, give in their said APPEALS. 17 subscribed appeals, with the reasons thereof, to the clerk of the judicatory appealed from, notwithstanding it may be up before that time: And likewise, that they shall within the same ten days, intimate their said appeal, with the reasons of the same, to the moderator of the said judicatory, and leave an authentic copy thereof with him; which appeals and rea¬ sons are allowed to be registrated by the clerk, and summons to be directed by him, for citing the parties defenders there¬ upon; and extracts thereof, with the citation foresaid, are appointed to be produced by the appellants at discussing, to the judicatory appealed to; and the clerk of the judicatory appealed from, is appointed to intimate to the said judicatory, at their first meeting thereafter, that such appeals were given in to him; and all defenders in appeals, who insist upon the discussion thereof, are appointed to produce extracts of the said appeal, and reasons thereof, to the judicatory appealed to. And it is declared, That any appeals or insistings there- anent, otherwise made, shall be rejected .—Act 8. Ass. 1694. V. The appeals and protestations made to the assembly 1696, from the committee of assembly 1694, for the North, declared to be deserted and fallen from, &c. because not in¬ sisted in before that assembly .—Act 26. Ass. 1696. VI. All persons who judge themselves lesed by a kirk-ses- sion, may appeal to the presbytery at the passing of the sen¬ tence, and should thereupon, according to Act 8. Ass. 1694, . a give in the appeal, with the reasons thereof in writ, to the moderator or clerk of the session, within ten days after ap¬ pealing, and procure and present extracts thereof to the next meeting of the presbytery thereafter, if there be at least ten free days betwixt the time of appealing and the meeting of the presbytery, arid should then insist; wherein if the appellant fail, the appeal ipso facto falls, anc$-becomes null, and he is held as contumacious, and proceeded against accordingly by * Supra, 4. c JS APPEALS. the kirk-session. Form Proc. cap. 5. <$ 1. When a cause brought by an appeal to the presbytery, is of a nature that it must at length have come there by the course of discipline, before the final determination thereof; then they may fall upon the consideration of the affair, without insisting much upon the bene or male appellatum , though it should seem to be preposterously appealed. Ibid. $ 2. But if the kirk-ses¬ sion be competent, even to its ultimate decision, and there be no good ground whereon to appeal, the presbytery is not to sustain the appeal. Ibid . § 3. If the presbytery do not sus¬ tain the appeal, and find there hath been some fault, passion, or culpable mistake in the appellant, the presbytery is to in¬ flict some censure on such appealers as they find to have been malicious or litigious; and that besides remitting back to the session, to stand cither to the censure of the session, if ft be inflicted already, or to sist themselves during the pro¬ cess if it be depending. Ibid. § 4. If the appeal be sustained, and yet upon proceeding on the cause, the presbytery find the appellant censurable, then, whatever censure be inflicted to remove the offence he hath given to the presbytery, yet, if found guilty, he is to undergo a censure, either before the kirk-session, or the congregation he belongs to, such as the presbytery thinks he deserves. Ibid. §5. If the presbytery find the session has proceeded unwarrantably, and that there¬ by the appellant is lesed, he is not only to be assoilzied, but the presbytery is to do what is proper and effectual to vindi¬ cate the appellant’s innocence, and wipe off the scandal taken at him. Ibid. § 6. But this is to be done with great pru¬ dence, that the session’s authority may not be weakened, if it can be avoided. Ibid. § 7. But the presbytery may give the minister and elders suitable injunctions and rules, or private admonitions, or may revise their register. Ibid. § 8. The same method is to be followed in appeals from presby¬ teries to synods, and from synods to general assemblies. Ibid. $ 9. An appeal should sist execution only while it is duly and diligently prosecuted, aud may be determined; other- ARMY. 19 wise not, unless the judicatory appealed to, receive the appeal, and take the affair before them ; and in that case, the judica¬ tory appealed from, is to sist until the appeal is discussed.— Ibid. § 10. Act 11. Ass. 1707. VII. In explanation of the above § 10. cap. 5. Form Proc. ’Tis appointed, That in all time coming, an appeal shall stop the finishing of the settlement of a parish by an inferior judi¬ cature, until it is either fallen from or discussed: Neverthe¬ less a presbytery may proceed to take trials, serve the edict, and to all the other previous steps towards the settlement, only the ordination or admission shall stop until the appeal be discussed.— Act. 5. Ass. 1732. ARMY. I. That all colonels find caution for maintaining a minister, and keeping a session in their regiments .—Act Sess. 7. Aug . 3. Ass. 1642. II. Act laying down a method for the more duly supplying of the regiments in the army with ministers, and the relieving of such as are sent.— Sess. 6. June 3. Ass. 1644. III. ’Tis recommended to ministers, kirk-sessions, and others concerned, where any of his Majesty’s forces are, or shall be ordered to be quartered, to provide them with conve¬ nient seats for hearing with the said congregations, and to inspect and notice them, as they do other parishoners, during their abode there; and if need be, to apply to the command¬ ing officers, for taking care, that inferior officers and soldiers attend ordinances, and walk inoffensively. And ’tis recom¬ mended to the commission to see how this is performed, and to fall upon ways to provide the forces with preachers, and, upon application, to settle ministers in regiments belonging to this kingdom .—Act 13. Ass. 1697. IV. Ministers, kirk-sessions, and presbyteries are appointed to apply to the magistrates ol the bounds, and also to the commanding officer in the place, from time to time, as need requires, and to crave that both officers and soldiers under 20 ATHEISM. scandals, may be obliged to submit to the discipline of the church, according to law and her Majesty’s gracious procla¬ mation against profaneness: And if this shall be refused or delayed, the assembly appoints the matter to be laid before the commission, that they may do further therein what the law directs .—Act 5. Ass. 1710. V. Kirk-sessions are advised to proceed, without delay, against soldiers under scandals, so soon as the scandal breaks O out: and in case the soldiers guilty be removed from their bounds, before any scandal breaks out, or during the depen¬ dence of the process against them, ’tis allowed, That the scandalous soldiers satisfy church discipline in the parish where they are quartered for the time: and the kirk-session of that parish is to report what is done, to the kirk-session of the parish in which the scandal broke out, or where the pro¬ cess was commenced, that they may cause intimate the same in their congregation. And church judicatures are advised to proceed with all tenderness and prudence in dealing with strangers, so that the ends of church discipline may be reach¬ ed. — Act 13. Ass. 1712. ATHEISM*. I. It is seriously recommended to ministers of the gospel, and they are enjoined, w r here there is any apparent hazard of contagion from the atheistical principles of such as only go under the name of deists, to warn and guard the Lord’s people against that infernal course, and to detect the abomin¬ ableness of the tenets of these men; such as, the denying of all revealed religion, the grand mysteries of the gospel, viz. “ The doctrine of the Trinity, the incarnation of the Messiah, his satisfaction to justice, salvation through him, justification by his imputed righteousness to them who believe in his name, the resurrection of the dead; and in a word, the cer¬ tainty and authority of scripture revelation: As also, their as- * See Scandals. 12. 3 BAPTISM. 21 selling, that there must be a mathematical evidence for each purpose, before we can be obliged to assent to any propo¬ sition thereanent; and, that natural light is sufficient to sal¬ vation.” And ’tis required, that the authors that treat well of these subjects, be named to the people, in order to perusal. As likewise, that ministers deal seriously with the seduced, and such as are most in hazard of being perverted, but espe¬ cially, with seducers and impostors, that, after sufficient in¬ struction and admonition, these may be proceeded against, as scandalous and heretical apostates use to be. And all mi¬ nisters, and other members of this church, are discharged from publishing or venting either by speaking, writing, print¬ ing, teaching or preaching, any doctrine, tenet or opinion, contrary to, or inconsistent with, the Confession of Faith of this church, or any article, part, or proposition therein. And all such as contraveen this act, or any part thereof, are ap¬ pointed to be censured by the church, according to their de¬ merits.— Act 21. Ass . 1696. II. It is recommended to all ministers and church judica¬ tories, to observe and put in execution the above act 21. Ass, 1696.— Act 17. Ass. 1697. BAPTISM*. I. That the sacrament of baptism be administered in the face of the congregation, that what is spoken and done, may be heard and seen of all; and that it be administered after sermon, before the blessing.— Act Scss. 14. Feb. 7. Ass. 1645. II. Recommended to presbyteries, to consider of the best means to get the children of ordinary beggars baptized, and to prevent themselves from living in so great vileness.— Act. Ses^ ult. Sept. 1 . Ass. 1647. III. Recommended to all ministers, in whose parishes per¬ sons educated in other protestant churches may happen to re- * Lords Supper, 5. Remedies Domestic of Sins. Evils of the Kirk, 2. 2'2 BOOKS ERRONEOUS. side, to shew all tenderness to them when they come to de¬ sire the benefit of sealing ordinances; and if strangers, free of scandal, and professing their faith in Christ, and obedience to him, shall desire baptism to their children, ministers shall cheerfully comply with their desire, in administering the sa¬ crament of baptism to their children, upon the parent’s en¬ gaging to educate them in the fear of God, and knowledge of the principles of the reformed protestant religion .—Act 13. Ass. 1711. IV. Declared, That children born within the verge of the visible church, of parents, one or both professing the Chris¬ tian religion, have a right to baptism - t and that no other sponsor but the parents is to be taken, unless the parents be dead, or absent, or grossly ignorant, or under scandal, or con¬ tumacious to discipline, such being unfit to stand as sponsors., in transacting a solemn covenant with God; in which cases, the immediate parent, who is in such circumstances, is to be required to provide some fit person ; and, if it can be, one related to the parent of the child, should be sponsor. But if cither of the parents, whether father or mother, give evidence to church judicatories, and the congregation offended, of their repentance, for removing the scandal, the suspension they were under as to church privileges, should be taken offj according to the rules of this church, and the penitent person be allowed to present the child. In the case of children ex¬ posed, whose baptism, after enquiry cannot be known, the kirk-session is to order the presenting of the child to baptism, and to see to the Christian education thereof; and ’tis recom¬ mended to the parish, to see to the maintenance of the child; the parent or sponsor ought to speak to the minister of the parish, before the child be offered to baptism .—Act 4. Ass. 1712. BOOKS ERRONEOUS. I. The book of common prayer is rejected and condemned, not only as illegally introduced into the reformed kirk within BOOKS ERRONEOUS. 23 this realm ; but also, as repugnant to the doctrine, discipline, and order of this kirk, to the confession of faith, constitutions of general assemblies, and acts of parliament, establishing the true religion ; and the use and practise thereof is prohibited, and presbyteries are ordained to proceed with the censures of the kirk against such as transgress. —Act Sess. 14. Dec. 6. Ass. 1638. Art. 1. II. The book of canons rejected and condemned, as con¬ trary to the confession of faith, and repugnant to the esta¬ blished government, the book of discipline, the acts and con¬ stitutions of our kirk ; and the use and practice of it is pro¬ hibited, and presbyteries ordained to proceed with the cen¬ sures of the kirk, against all such as shall transgress.— Act ead. Scss. Art. 2 . III. The book of consecration and admission is rejected and condemned, as establishing offices in God’s house which are not warranted by the word of God, and are repugnant to the constitutions of our kirk, as an impediment to entry of fit and worthy men to the ministry, and to the discharge of their duty after their entry, conform to the discipline of our kirk, and the use and practice of the same is prohibited, and pres¬ byteries are ordained to proceed with the censures of the kirk against all such as shall transgress.— Act Sess. 14. Dec. 6. Ass. 163S. Art. 3. IV. The recommendation of the commissioners of the ge¬ neral assembly at St Andrews, 1642, to every minister within their several bounds, especially upon the coasts, or where there are harbours or ports, to try and search for all books tending to separation, is turned into an act of assembly: And every minister is appointed to be careful to try and search, if any such books be brought into this conntry from beyond seas, and if any shall be found, to present them to presbyte¬ ries, that some course may be taken to hinder the dispersing thereof: And ’tis recommended to civil magistrates, to concur with their authority in all things, for the effectual execution thereof.— Act Sess . 7. Aug. 9. Ass. 1643. 24 BOOKS ERRONEOUS. V. All members of this kirk and kingdom, are inhibited and discharged to converse with persons tainted with the er¬ rors of Independency and Separation ; or to import, sell, spread, vend, or disperse their erroneous books or papers: But that they beware of, and abstain from books maintaining Indepen- dency and Separation ; and from all Antinomian , Anabaptisti- cal , and other erroneous books and papers: And all ministers are required to warn their flocks against such books in gene¬ ral, and particularly such as are most plausible, insinuating, and dangerous; and to try carefully, from time to time, if any such books be brought into this kingdom from England, or from beyond seas (which is especially recommended to mini¬ sters on the sea coasts, or in towns where any stationers are), and if any be found, to present the same to the presbytery, that some course may be taken to hinder the dispersing there of. And all presbyteries are ordained to try and process such as shall transgress against the premises, or any part of the sAme; and it is seriously recommended to civil magistrates to assist ministers and presbyteries, in the execution of this act, and to concur, with their authority, in every thing to that effect.— Act Sess. 27. Aug. ult. Ass. 1647. VI. That presbyteries take special notice of any book or pamphlet framed, contrived, printed, or published by any minister of this church; and examine if there be any thing therein contrary to the doctrine, worship, discipline or go¬ vernment, or prejudicial to the rights and privileges or unity of this church; and that they censure transgressors according to the demerit of the cause.— Act. 7. Ass. 1707. VII. Some passages are collected out of the book, entitled “ The Marrow of Modern Divinity,” Is/, concerning the nature of faith, asserting, that assurance is of the essence of faith, making that saving faith commanded in the Gospel, a man’s persuasion, that Christ is his, and died for him, and that whoever hath not this persuasion and assurance, hath not answered the Gospel call, nor is a true believer: 2 dly, Of universal atonement and pardon; asserting an universal re- ROOKS ERRONEOUS, 25 demption as to purchase: 3dly, Asserting that holiness is not necessary to salvation ; a doctrine tending to slacken people’s diligence in the study of holiness: \>tlily, That fear of punish¬ ment and hope of reward, are not allowed to be motives of a believer’s obedience: 5thly , That the believer is not under the law as a rule of life; and sensing and defending the six following Antinomian paradoxes:—that a believer is not un¬ der the law, but is altogether delivered from it;—that a be¬ liever does not commit sin;—that the Lord can see no sin in a believer;—that the Lord doth not chastise a believer fot his sins;—and that a believer hath no cause either to confess his sins, or to crave pardon at the hand of God for them; either to fast or mourn, or humble himself before the Lord for them, by applying to them the distinction of the law of works, and the law of Christ. And the texts of Holy Scrip¬ ture, articles of our confession of faith, and of the larger cate¬ chism of this Church, relating to each passage, are set down; and the said passages and quotations are declared contrary thereto; and the distinction of the law, as it is the law of works, and as it is the law of Christ, as the author applies it, in order to sense and defend the six Antinomian paradoxes above written, is declared altogether groundless; and some expressions taken out of the said book, and set down in the foresaid act, are found exceedingly harsh and offensive: And therefore, all the ministers of this Church are prohibited and discharged, either by preaching, writing, or printing, to re¬ commend the said book, or, in discourse, to say any thing in favour of it; but, on the contrary, are enjoined and required to warn and exhort their people, in whose hands the said book was, or might come, not to read or use the same .—Act 5. Ass. 1720. VIII. The representation and petition signed by twelve ministers, condemning the decision respecting the points of doctrine mentioned in the above Act 5. Ass. 1720, and crav¬ ing the repeal of it, is found to contain many injurious and undutiful reflections cast upon the supreme judicature of the D 26 EOOKS ERRONEOUS. Church: And in vindication of the above act, it is declared, that the General Assembly own and maintain, agreeable to the Holy Scriptures, the received doctrine of this Church, contained in the Confession of Faith and Catechisms, con¬ cerning, 1st, The covenants of works and grace; ‘Idly, The Mediator, and the extent of his purchase; 3 dly, Free justifi¬ cation ; 4 thly, Justifying faith, and its appropriating act; 5lhly, The believer’s plea for acceptance with God, and title to eter¬ nal life, against the demands of the law and justice; 6thly, The standing obligations of the moral law in the dispensation of grace, and the necessity of personal holiness and good works, in order to obtain the enjoyment of eternal salvation ; 7 thly, The desert of sin, and necessity of repentance in order to remission; 8 thly, Believers’ sins, their confessing them, begging pardon, and humbling themselves before the Lord for them. The heads and articles of the representation are largely animadverted upon; and many positions and expres¬ sions contained in it censured as pernicious, and tending to mislead the minds of the less judicious into erroneous notions; and therefore, all the ministers of the Church are prohibited and discharged to use by writing, printing, preaching, cate¬ chising, or otherwise teaching, any of the positions contained in the representation and book, condemned as erroneous, un¬ der pain of the censures of the Church, conform to the de¬ merit of the offence. Ordained, that presbyteries, synods, and commissions of the Assembly, take particular care, that the premises be punctually observed by ministers and mem¬ bers of the Church; particularly the presbyteries and synods within whose bounds any of the brethren who signed the re-. presentation reside. The desire, that the above Act 5. Ass. 1720, be repealed, is refused : and appointed, that the mini¬ sters who signed the representation, though deserving a higher censure, be only rebuked and admonished by the moderator, in hopes that the great lenity used towards them, shall engage them to a more dutiful behaviour in time coming .—Act 7. Ass. 1722. J30URIGNI0NISM. 27 IX. Recommended earnestly to ministers to exercise the vigilance, and to exert the zeal, which becomes their charac¬ ter, to preserve those under their charge from the contagion of those abominable principles of infidelity and immorality, which arc openly avowed in books published of late in this country, and to stir up in them a solicitous concern to guard against them, and against the influence of those who are in¬ fected with them .—Act 4. Ass. 1755. BOURIGNIONISM. I. The writings that go under the name of Madame Anto¬ nia Bouri gno n, found to be freighted with impious, pernicious, and damnable doctrines: Such as, 1. Denying the permission of sin, and the infliction of damnation and vengeance for it. 2. Ascribing to Christ a twofold human nature, one of which was produced of Adam before the woman was formed, and the other born of the Virgin Mary. 3. Denying the decrees of election and reprobation, and loading these acts of grace and sovereignty with a multitude of odious and blasphemous ex¬ pressions, particularly wickedness, cruelty, and respect of persons. 4. Asserting, that there is a good spirit, and an evil spirit, in the souls of all men before they are born. 5. Main¬ taining that the will of man is unlimited, and that there must be in man some infinite quality, whereby he may unite him¬ self to God. 6. Denying the doctrine of divine prescience. 7. Asserting the sinful corruption of Christ’s human nature, and a rebellion in Christ’s natural will to the will of God. And 8. Asserting a state of perfection in this life, and a state of purification in the life to come ; that generation takes place in heaven ; that there are no true Christians in the world ; and several other errors contained in the said book. And ratify¬ ing and confirming the sentence of suspension past by the commission of assembly 1700, against Dr. Geo. Gardin in Aberdeen ; and further, actually deposing him from the office of the ministry, and prohibiting and discharging him from ex¬ ercising the same, or any part thereof, in all time coming, 2S BOURIGNIONISM. under the pain of the highest censures of the church, for his being led away by a spirit of error and very gross delusion, and infected with the foresaid impious, blasphemous, and damnable errors.— Act 11. Ass. 1701. II. The book entitled, an Apology for Madame Antonia Bourignon, of which the said Dr. George Gardin is alleged to be the author, found to contain a mass of dangerous, im¬ pious, blasphemous, and damnable errors, and is therefore condemned unanimously; and ’tis seriously recommended to all synods and presbyteries within this national church, and particularly, to the synods of Aberdeen and Perth, to advert to, and enquire anent the spreading of the said errors, and to use all effectual means for preventing the same, conform to the acts of former assemblies made against the spreading of errors, and particularly, Act Sess. 7. Ass. 1647. a And ’tis recommended to the said judicatories, that, in perusing the said book, and enquiring anent the spreading of the errors therein contained, any thing found to fall under Act 11. Sess. 5. Pari. 1695, or under any other acts of parliament made against blasphemy, be represented to his Majesty’s advocate, to the effect that the laws may be put in due execution.— Act 10. Ass. 1701. III. ’Tis earnestly recommended to presbyteries, to use all effectual means to prevent the spreading of the dangerous er¬ rors of Bourignionism, and other errors, as enjoined by the above Act 10. Ass. 1701, and other acts therein mentioned; and the commission is instructed to use all suitable endeavours for that purpose, and particularly, that care be taken to sup¬ press the meetings of such as are tainted with these errors.— Act 12. Ass. 1709. IV. All ministers, in whose parishes the gross errors and heresies, going under the name of Bourignionism, abound, are appointed to preach most particularly and faithfully against the same; and all presbyteries, in whose bounds the same pre- * Books erroneous, 5., BURSARS. 29 vail, shall oblige all schoolmasters, teachers, governors of youth, and chaplains, within their province, to subscribe the confession of faith, as the confession of their faith ; and if any of the foresaid persons refuse to do the same, the presbytery shall thereupon declare them incapable of such offices, and apply to the heritors and heads of families concerned, in or¬ der to their discharging the said persons from the said offices ; and in case of their refusal to comply therewith, that the pres¬ bytery send up the names of the foresaid persons refusing to sign the confession of faith, to the commission of assembly, with the names of the parishes and families in which they re¬ side, that the commission may proceed against all such, as they see cause : And all presbyteries, in whose bounds there are any society of Bourignionists, avowedly professing these principles, and dispersing books containing the same, are or¬ dained to send to the commission an exact and full account of the particular leading persons of the said societies, toge¬ ther w 7 ith the names and errors of the books they are dispers¬ ing ; and the commission is enjoined, to take the most effec¬ tual measures for suppressing the same; and instructed to apply to the government, for hindering incorrect, false, and spurious translations of the Bible, to be spread abroad. And ’tis recommended to the professors of divinity within this church, to make a full collection of the errors of Antonia Bourignon, and of such other errors as reflect upon the na¬ ture, person, and offices of our Lord Jesus Christ, and to write a confutation of the same.— Act 9. Ass. 1710. BURSARS *. I. That every presbytery consisting of twelve ministers, shall maintain a bursar of divinity; and where the number is fewer than twelve, they shall be joined with those out of ano¬ ther presbytery, whose number exceeds: When this course * Highlands, 2. 22. § 5 . Schools, 5. Presbyteries, 8. Schoolmasters, 3, Visitations of Kirks, 2. § 5. Christian Knowledge, 3. 30 I3UKSARS. is not already kept, that it be begun without delay; and every provincial Synod is ordained to give an account of the num¬ ber of bursars constantly entertained by their province, to the next ensuing assembly.— Act Scss. 15. Aug. 7. Ass. 1641. Art. 1. II. That young students that have the Irish language, be trained up at colleges in letters, especially in the study of di¬ vinity : And to this effect, it is recommended to presbyteries and universities, to prefer to bursaries hopeful students hav¬ ing that language, that they, by their studies, in process of time attaining to knowledge, and being enabled for the mi¬ nistry, may be sent forth to preach the gospel in these High¬ land parts, as occasion shall require .—Act Scss. 13. Aug. 16. Ass. 1643. III. Presbyteries are ordained to put the forcsaid overture, for maintaining bursars in practice, with all diligence; and to make account thereof to the next assembly.— Act Scss. 7. June 4. Ass. 1644. IV. 1 . That every bursar of theology have yearly paid him, for his maintenance, ^.100 Scots, at least. 2. That the said maintenance be taken forth of the kirk penalties, accor¬ ding to the design of the first act for maintaining bursars.— 3. That every presbytery consisting of twelve kirks in num¬ ber, maintain a bursar yearly at the university. 4. That when presbyteries are fewer in number, that they join with other presbyteries to make up that number, and the super¬ plus of the number to be ordered and disposed of by the presbyteries and synods; and that their books bear records thereof. 5. That the kirks of these presbyteries be propor¬ tionally stented, according to the communicants in each pa¬ rish. 6. That the maintenance be collected by the moderator of every presbytery, by equally divided portions; the one half to be brought to the winter synod, and the other half to the summer synod, to be sent to the bursars ; and that the several synods lake an exact account thereof, and see that all be rightly done, and that their books bear the report thereof to BURSARS. 31 the general assembly. 7. That the time of bursars abode at the schools of divinity exceed not four years, which being ex¬ pired, or in case before the expiring of the said time, any be removed either by death, or by some calling to a particular charge, another be presented to the said benefice. 8. That in case any prove deficient in payment of the said mainte¬ nance for the time to come, that it shall be carefully exacted by the synods, and sent over to the general assembly, to be disposed of by them, as they shall find expedient, so that no person may have benefit from their slackness and neglect- 9. That all bursars of theology bring sufficient testimonials yearly from the universities where they are bred, of their pro¬ ficiency and good behaviour ; and that they be also ready to give proof of their labours to the several synods, if it shall be required; and if they be found deficient, that they be denuded of the said benefice, and others more hopeful placed in their room; and presbyteries, who have not already done it, are appointed to begin and enter upon the maintaining of their bursars, in manner foresaid, in the year 1 645. And ’tis recommended to presbyteries, to make choice of such for the burse, as are of good report, inclined to learning, and have passed their course of philosophy, and to try their qualifica¬ tions before they send them to universities .—Act Sess. 14. Feb. 7. Ass. 1645. V. The foresaid overtures concerning the providing of bur¬ sars for divinity, are recommended to presbyteries and sy¬ nods; and they are appointed to report their diligence to the next assembly .—Act Sess. 28. Aug. ult. Ass. 1647. VI. Synods are ordained to crave accounts from presby¬ teries, at every provincial meeting, how they have obeyed the recommendation of preceding assemblies anent bursaries, which with the presbytery’s answer, shall be put upon record; that so the part both of presbyteries and synods, and their negligence or diligence in so pious a work, may be known, by the examination of the provincial books, to each general as¬ sembly.— Act Sess. 32, Aug. 7. Ass. 1648. 32 BURSARS. VII. That none be sent to universities from presbyteries, or admitted as bursars of divinity, but pious youths, and such as are known to be of good expectation and approven abili¬ ties.— Act Sess. ult. Aug. 6. Ass. 1649. VIII. 'Tis recommended to the synods after mentioned, that they maintain bursars of theology, having the Irish lan¬ guage, besides the usual presbytery bursars; and that out of the ministers’ own money, which is to be done as follows: viz. the synods of Lothian and Tweeddale, Merse and Ti- viotdale, Glasgow and Air, Argyle, Perth and Stirling, and Fife, each of them one; the synods of Dumfries and Gallo¬ way, one; and the synods of Angus and Mearns, and Aber¬ deen, one : And ’tis recommended to them, to proportion the quota of the maintenance, to be given to these bursars, amongst themselves; which is at least to be ten pounds ster¬ ling, the one half thereof to be collected and advanced at every synod, beginning at the next ensuing synod ; and that the synod books bear an account of their diligence in the same; and that each of the said bursars continne four years at the profession of theology, as other bursars do; and that all presbyteries search out for such well qualified young men, as have passed their course of philosophy at some university, and send in their names to the commission of the general as¬ sembly, with sufficient testimonials, so that they may be by them recommended to the said synods, and this act to con¬ tinue during the assembly’s pleasure; and for enlarging the said funds, Act 9. a Ass. 1699, anent planting the Highlands, is renewed and revived.— Act 8. Ass. 1701. IX. That the one half of all the bursaries of the presby¬ teries be-south the Tay, including the part of the synod of Perth that lies be-north the Tay, be paid unto collectors, to be appointed by the respective presbyteries of Edinburgh, Glasgow, and St. Andrews; which presbyteries are to be ac- , a Highlands, 22, BURSARS. 38 countable to their respective synods concerned, /or what money they receive ; the one half thereof to be applied for the education of such youths, as have the Irish language, in philosophy and divinity, at the colleges of Edinburgh, Glas¬ gow, and St. Andrews; and the other half to be disposed of to Lowland bursars, or such other pious uses, as the respec¬ tive synods shall think fit; and for this end, the Synods of Glasgow, Galloway, and Dumfries, to pay their burses to a collector, to be appointed by the presbytery of Glasgow, and under their inspection, accountable to their synods: In like manner, the synods of Merse, and Lothian, to the presbytery of Edinburgh ; the synods of Fife, Perth and Stirling, to the presbytery of St. Andrews; and this to begin at October, 1704, and to continue for four years, and longer, as the ge¬ neral assembly shall see cause : That to the synod of Argyle (who have a gift of vacancies for training youth) a certain small number of the bursaries payable to the collector, ap¬ pointed by the presbytery of Glasgow, be allotted, and all the rest for the other Highlands ; and that none have the benefit of the said bursaries, but such as bring a testimonial or re¬ commendation, from the synods respectively to which they belong, bearing their having been examined by that synod, and the synod’s good hopes of them as sober youths, piously inclined,—well affected to the government of church and state,—that they have the Irish language,—good proficients in the Latin, and such as they judge, may, in due time, prove able ministers of the gospel, or schoolmasters; and that they have obliged themselves to employ their talents in these ser¬ vices in the Highlands, either within the bounds of the synods recommending them, or some others by their allow¬ ance ; and that these testimonials be recorded with their names, and reported to each general assembly; and the Act 8. Ass. 1701, is renewed, appointed to be observed till the general assembly see cause to recal the same .—Act 13. Ass.. 1704. X. The above Act. 13. Ass. 1704, explained; and ’t,is de- E BURSARS. 34 dared, that the disposal of all these bursaries, is only in the power of the synods, and not of the presbyteries; and ’tis left to the direction of the several synods, to apply that act either to bursaries then current, or only to such as were vacant at the date of the act, as they find convenient; and for that end, ’tis recommended to the said synods, to take an account from their respective presbyteries, what burses they have in their bounds, and at what time these burses will fall vacant; and that the presbyteries be joined two and two for making one Lowland burse of their two halves, appointed by the foresaid act for that end : And in case there be an odd presbytery in a synod, that such synod, dispose of that odd presbytery’s half, to such pious uses, as the synod shall think fit.— Act 11. Ass. 170 5. XI. Enquiry is ordered to be made; 1 . How Acts 9. 3 16. b Ass. 1699, and Act 9. c Ass. 1703, are observed. 2. That enquiry be made, what bursars there are having the Irish lan¬ guage, aud how the acts made concerning them are obeyed ; particularly Acts 13. d 14. e Ass. 1704, and Acts 5. f 11. s Ass. 1705. 8. That at each assembly, the names of the Irish bursars be called for, and an account thereof given in to the clerk; as also, what hope there is of their being useful in this church; and the commission is impowered to put this act and the acts above mentioned in execution. Act 14. Ass 1707. XII. The collections ordered, by Act 13, h Ass. 1704, for maintaining bursars, are again enjoined; and synods are ap¬ pointed to see this done, and record their diligence in their books; and the said act is revived, until the next Assembly : And ’tis referred to the commission to prepare the overtures for the right application and management of the foresaid bur¬ saries for the future, and report to the next assembly. Act 14. Ass. 1709. XIII ’Tis enacted, that one half of the whole bursaries of all a Highlands, 22. b Ibid. 24. c Ibid. 30. 6 Supra, 9. e Schools, 4 # f Ibid. 5. s Supra, 10. !l Supra, 9. BURSARS. 35 the presbyteries within Scotland, be applied to the education of such youths, as have the Irish language, in philosophy and di¬ vinity, at the colleges of Edinburgh, Glasgow, St. Andrews, and Aberdeen, for the space of four years, beginning from the first of October 1710; and the manner of collecting the money to be applied to the maintenance of the said bursars, is pres¬ cribed in the act: And ’tis declared, that the respective synods, to which the said bursaries belong, shall have the choice and presentation of the Irish bursars; and that no person shall have the benefit of either Highland or Lowland bursdries, but such as bring a tertimonial or recommendation from their synods respectively, bearing their having been examined by the synod, and the synod’s good hopes of them as sober youths, piously inclined,—well affected to the government of church and state,—that they are good proficients in Latin, and such as they judge, may, in due time, prove able ministers of the gospel, or schoolmasters; and if they be presented to Irish bursaries, bearing that they have the Irish language, and have obliged themselves to employ their talents in these services in the Highlands, either in the bounds of the synods presenting or recommending them, or some other by their allowance; and the foresaid testimonials, are appointed to be recorded, together with the bursars names, and to be reported to each assembly; and Act 8, Ass. 1701, a and Act 11, Ass. 1705, b are renewed, and appointed to be observed until the assembly see cause to recal the same; and the commission is impowered to enquire, how former recommendations about students have been observed, and to take care that students be provided with with bursaries, and have all due encouragement to prosecute their studies ; the said students being always qualified in the terms of this and other acts herein narrated .—Act 10. Ass. 1710. XIV. Tis recommended to synods, to admit no more bur¬ sars having the Irish language, but so many, as to each of a Supra, 8. b Supra, 10. .'36 BURS AIIS. whom they are in a condition to pay L.10 ster. at least, and and for that end, the bursaries of more then two or three pres¬ byteries, if they be small, are appointed to be joined together, to make up the said sum; and the several presbyteries are appointed to send in to the commission, a particular and dis¬ tinct account of the quotas of their bursaries, subscribed by their moderator and clerk ; and the commission is appointed so to proportion the said bursaries in the several districts, as to make at least L.10 ster. to each bursar, out of the half of the bursaries appropriated by the acts of assembly for that use; and the several synods are required, timeously to fill up their vacant bursaries in manner above mentioned ; and they are or¬ dained to examine bursars, at least once every year, at their meeting in harvest or winter; and presbyteries are enjoined to pay in punctually their several proportions of the said bursaries; and the names of the deficients are appointed to be given in to the meetings of the commission that immediately precede each assembly, and the commission is instructed to look out for hopeful young men, having the Irish language, in order to be put on trials .—Act 12. Ass. 1712. XV. Tis recommended to synods and presbyteries to make particular and exact enquiry into the education, piety, literature, principles and conversation of those whom they re¬ commend to bursaries; and that they recommend none, who, they have not ground to believe, will be useful, and who are firm to the interests of this church; and such presbyteries, as as shall discover any just ground of suspicion in young men, having these bursaries, with respect to these things, are ap¬ pointed to acquaint the assembly or commission thereof, and also the presbyteries or synods whose bursars they are, that if they be found unworthy, the encouragement they enjoy may be taken from them, and bestowed on persons having the qualifications required by the acts of assembly .—Act 7. Ass. 1714 -. XVI. All synods and presbyteries are enjoined, to prefer students having the Irish language to their bursaries when T3URSARS. 37 they vaik, and punctually to pay them their provisions, and to take trial of their proficiency, and to mark their diligence herein in their books; and the visitors of the synod and presbytery books, are appointed to take notice how the acts of assembly concerning bursars are observed, and to report the same. And the commissions of the assemblies of this church, are required to see to the observation of the acts, and to enquire after such students, and recommend them to bursaries; and all powers given t?o former commissions, in this matter are renewed.— Act 7. Ass. 1715. XVII. Appointed, that such as crave the benefit of bursa¬ ries, or who are to be admitted to trials for the ministry, in order to be sent to the Highlands, be first examined upon their knowledge in the Irish language, by persons having a competent measure of knowledge in that language; and be found by them to have so much knowledge of that language, as that they may be useful in a Highland congregation : And the names of the said examinators, together with their report, ordained to be recorded in the books of the judicatory that employs them in said trials.— Act. 7. Ass. 1717. XVIII. Ordered, That the bursaries of the synod of Lo¬ thian and Tweeddale, one synodical and three presbyterial, employed for the maintenance of students having the Irish language, be, at the term of Martinmas 1723, applied for the maintenance of two Lithuanian students, to be educated at the university of Edinburgh, providing always that none shall be received from Lithuania, as bursars, but such as shall be attested and recommended by the protestants there .—Act 5. Ass. 1722. XIX. From the number of probationers in the church the reason of maintaining bursaries now ceasing, the obligation upon synods and presbyteries to support bursars as students in divinity is superseded until the assembly see fit to revive the same, and *tis left to synods and presbyteries, meantime, to apply these funds to other charitable and pious uses, as they shall see convenient; but ’tis appointed that such as are pre- 38 IJURSARS. ferred to bursaries in synods or presbyteries shall enjoy them till their ordinary time be run out .—Act 7. Ass. 1737. XX. Appointed, That the synod of Glasgow and Ayr, the synod of Dumfries, and the synod of Galloway, pay their sy¬ nodical burses, and the presbytery of Ayr their presbyterial burse, towards maintaining Mr Nicodemus Bieniaszeuski, student in divinity from Lithuania.— Act. 8. Ass. 1740. XXI. Act 7. Ass. 1737. a is repealed; and ’tis recommend¬ ed to ministers to pay in to the clerk of presbytery yearly the sum of three shillings ster. to be applied for educating stu¬ dents for the ministry having the Irish language. And ’tis or¬ dained, that every student trained for the ministry in the Highlands and Islands upon this fund, when he becomes a minister, preach every Lord’s day in English, as well as in the Irish language; And ’tis recommended to ministers now set¬ tled in those parts to do the same: And they are appointed to do every thing in their power to have as many schools as they can in that part of the kingdom, so that the English tongue may spread the faster, till it be universally understood and spoken .—Act 7. Ass 1756. CALLS. I. Recommended to the several presbyteries and provincial synods, to consider the interest of particular congregations, in the calling and admission of ministers, with all these questions that usually fall out upon that occasion; and to report over¬ tures.— Act. Scss. ult. June 18. Ass. 1646. II. That, 1. When any place of the ministry in a congrega¬ tion is vacant, the presbytery do, with all diligence, send one of their number to preach to that congregation, who, in his doctrine, is to represent to them the necessity of providing the place with a qualified pastor, and to exhort them to fervent prayers and supplication to the lord, that he would send them a pastor according to his own heart: As also, he is to signify, That the presbytery, out of their care of that flock, will send a Supra, 19 . CALLS. 39 unto them preachers, whom they may hear; and if they have a desire to hear any other, they will endeavour to procure them a hearing of that person or persons, upon the suit of the elders to the presbytery. 2. Within some competent time thereafter, the presbytery is again to send one or more of their number to the said vacant congregation, on a certain day ap¬ pointed before for that effect, who are to convene to hear ser¬ mon the foresaid day; which being ended, and intimation being made by the minister, they are to go about the election of a pastor for that congregation, the session of that congreg¬ ation shall meet and proceed to the election, the action being moderated by him that preached: And if the people shall, upon the intimation of the person agreed upon by the session, acquiesce and consent to the said person, then, the matter being reported to the presbytery by commissioners sent from the session, they are to proceed to the trial of the person thus elected, and finding him qualified, to admit him to the minis¬ try in the said congregation. 3. But if it happen that the major part of the congregation dissent from the person agreed upon by the session, in that case, the matter shall be brought unto the presbytery, who shall judge of the same; and if they do not find their dissent to be grounded upon causeless pre¬ judices, they are to appoint a new election, in manner above specified. 4. But if a lesser part of the session or congrega¬ tion, shew their dissent from the election, without exceptions relevant and verified to the presbytery ; notwithstanding thereof, the presbytery shall go on to the trials and ordina¬ tion of the person elected; yet all possible diligence and ten¬ derness must be used to bring all persons to an harmonious agreement. S. ’Tis to be understood, that no person under the censure of the kirk, because of any scandalous offence, is to be admitted to have hand in the election of a minister. 6. Where the congregation is disaffected and malignant, in that case, the presbytery is to provide them with a minister.— Act Sess. 4. Aug. 4 .Ass. 1649. III. Recommended to presbyteries to think upon some me- 40 CALLS. tliod to prevent competing of calls; and, in case of such, how to prevent their coming to superior judicatories; as also, a me¬ thod to prevent the giving of a second call, by a different pa¬ rish, to any minister or probationer, during the dependence of a prior call from another parish or parishes, and process thereupon, and until the first call and process be discussed.— Act 14. Ass. 1708. IV. ’Tis enacted and declared, That in the moderation of calls to ministers for supplying vacant parishes, no person shall be admitted to vote, who has either twice heard sermon in any meeting or congregation not allowed by law; or at¬ tended divine worship performed by any non-jurant minister or preacher of the episcopal communion, or where King George and the royal family were not prayed for in express words, within twelve kalendar months immediately preceding the vacancy of the church to be supplied; or, who during any part of that time, has received the sacrament of the Lord’s Supper dispensed by such ministers, or allowed their children to be baptised by any of them .—Act 4. Ass. 1748. V. Declared, That the moderation of a call, in the settle¬ ment of ministers, is agreeable to the immemorial and consti¬ tutional practice of this church, and ought to be continued.— Act 7. Ass. 1782. CAMPVERE. I. Resolved, That the Scots kirk of Campvere be joined to the kirk of Scotland, as a member thereof; and a member of assembly is appointed to write to the minister thereof, to send a minister and elder, instructed with a commission to the next assembly.— Act. Sess. 18. Aug. 9. Ass. 1641. II. Some propositions concening the kirk of Campvere, viz. I. Their observing of that order in the outward worship of God, and exercise of discipline, as is received in Scotland by law and practise—2. Their sending commissioners to the assembly every third year— 3. Their receiving council and advice, in different cases, from the presbytery of Edinburgh, CATECHISING AND CATECHISMS. 41 or commissions of assembly—and 4. The bearing of their mo¬ derator’s expenses coming hither at the assembly’s command ; again enacted and authorised, and appointed to be recorded in the books of the assembly; and the commissions of that and subsequent assemblies of this church, impowered and au¬ thorised to act, cognosce, advise, and determine in all affairs belonging to the said kirk and consistory of Campvere, that shall be proposed to, or pursued before them, as their superior judicatory; but recommended to them, to pay the charges of their own commissioners out of their own stock, until the church be in a better capacity to assist them. —Act 24. Ass. 1704. CATECHISING AND CATECHISMS*. I. An uniform catechism appointed to be used throughout this whole kingdom, in the examinations before the com¬ munion. —Act Sess. 22. Aug. 29. Ass. 1639. Art. 7. II. That every minister, besides his pains on tlie Lord’s day, have weekly catechising of some part of the parish, and not altogether put off the examination of the people, till a little before the communion.— Act Aug. 30 a . Ass. 1639. III. The larger catechism, agreed upon by the assembly of divines, at Westminster, with the assistance of commissoners from the kirk of Scotland, found agreeable to the word of God, and in nothing contrary to the received doctrine, wor¬ ship, discipline, and government of the said kirk; and there¬ fore approven and agreed unto by the said assembly for their part, as a common catechism for the three kingdoms.— Act Sess. 10. July 20. Ass. 1648 b . * See Visitations Ministerial, § 4. 8. Visitations Presbyterial, 1. Worship Private, 2. Remedies particular Ecclesiastic of Sin, § 1, 2, 3. Remedies Ecclesi¬ astic against Profaneness, § 6. Highlands, 22. § 3. 24. § 5. 6. Universities, 4. § 1. Profaneness, 1. § 5. Highlands, 5. § 1. 4. Doctrine, 2. Witchcraft, 2. § 7. a See the rest of this act in Worship Private, 1. b This act, with the Larger Catechism, is published separately, and bound up with the Confession of Faith. F 42 CATECHISING AND CATECHISMS. IV. The shorter catechism, likewise agreed upon by the said assembly at Westminster, with the assistance forsaid, found also agreeable and approven, as said is.— Act. Sess. 19. July 28. Ass. 1648 c . V. The vending, selling, or using in schools or families, of a little catechism, entitled, “ The A, B, C, with the Cate¬ chism, that is to say, an instruction to be taught and learned by young children,” which contains very gross errors in point of universal redemption, and in the number of the sacraments, is discharged; and printers are inhibited to reprint the same; and it is recommended to presbyteries to take special care, that the said act be obeyed.— Act Sess. eadem. VI. That every minister, with the assistance of the elders of their several kirk-sessions, take course, that in every house where there is any that can read, there be at least one copy of the shorter and larger catechisms, confession of faith, and directory for family worship; and the above act of Ass. Aug. 30. 1639 d ,j for a weekly catechising to be constantly ob¬ served in every kirk, is renewed: And it is appointed, that every minister so order their catechetic questions, that, there¬ by, the people (who do not convene all at one time, but by turns, into that exercise) may, at every diet, have the chief heads of saving knowledge, in a short view, presented to them. And every presbytery is ordained to take trial of all the ministers within their bounds, once at least in the half year, whether they be careful to keep weekly diets of cate¬ chising; and if they shall find any of their number negligent therein, that they be admonished for the first fault; and if, after such admonition, they do not amend, the presbytery, for the second fault, shall rebuke them sharply; and if, after such rebuke, they do not yet amend, they shall be suspended.— Act July 30. Ass. 1649. ------ — -- c This act, with the Shorter Catechism, is also published separately, and bound up with the Confession of Faith, d Supra, 2. CHAPELS OF EASE. 43 CHAPELS OF EASE. I. The petitioners for a chapel of ease at Dunfermline are authorised to employ any licentiate or minister of the church of Scotland—They shall proceed to elect on or before the 1st of May next—They are to intimate to the presbytery their resolution, and to request one of their number to preside at the election ; and the presbytery is appointed to comply—If none are appointed, or if the person nominated does not at- tend, they are authorised to elect by themselves—If the per¬ son elected be a probationer, the presbytery is appointed to ordain him; if a minister of the church of Scotland, it shall be competent for any of the ministers of the parish, or of the presbytery, to introduce him to the chapel—None are to be elected but such as are of the principles of the church of Scotland with regard to worship, doctrine, discipline, and government, and who subscribe the formula a enjoined by this church; provided the congregation shall remain subject to her jurisdiction—That the money arising from the collec¬ tions regularly made at the doors of the chapel, shall be ap¬ plied to the maintenance of the poor of the parish—And that before a minister be inducted into the chapel, sufficient se¬ curity shall be laid before the presbytery for a sum of money not less than £50 ster. per annum, as his stipend, so long as he continues to officiate in that congregation .—Act 8. Ass. 1779. II. ’Tis ordained, That in future, when a petition shall be laid before a presbytery for the erection of a chapel of ease, it shall lie upon the table till the next ordinary meeting; and at that meeting, unless it shall appear to the presbytery from the circumstances in which the petition is offered, that the erection of the said chapel is unnecessary and inexpedient, they shall cite the minister and kirk-session, the heritors, and. a Probationers, 21. 44 CHARITY. if a burgh, the magistrates thereof, within which the chapel is intended, to appear for their interest in the subject of the pe¬ tition, at their next meeting: That such presbytery, after having heard the parties, shall sufficiently ascertain the cir¬ cumstances on which the petition is founded; the facts stated as reasons for the necessity or expediency of the measure; the general plan of the chapel; the estimate of the expense of building; the scheme for paying the debts that may be con¬ tracted ; the plan proposed to dispose of the collections; the names and designations of the persons in whom the property is to be vested; the mode proposed for electing a minister ; the stipend to be provided for him, and the security offered for its payment; that such presbytery shall thereafter report the whole above mentioned circumstances of the case, from their minutes, to the next meeting of the general assembly, and shall not pronounce any final judgment on the petition, till they shall have received the special directions of the as¬ sembly thereon; and that it shall be competent to the peti¬ tioners, and for all parties having interest, to be heard on the subject at the bar of the assembly.— Act 5. Ass. 1798. CHARITY*. I. Collections for the poor discharged, to be taken in time of divine service ; and that the minister and kirk-session ap¬ point some other way of receiving the same.— Act Sess . 48. Aug. 11. Ass. 1648. II. That no minister, kirk-session, or elder give recommen¬ dations for charity to any, without the bounds of their own parishes ; nor presbyteries, without the bounds of their pres¬ byteries ; nor provincial synods without their bounds: And that any recommendations so to be given within their respec¬ tive bounds, shall be for a definite time.— Act 19. Ass. 1696. III. ’Tis enacted and declared, That in all time thereafter, no petitions for charity shall be transmitted to, nor regarded * Sec Schools, 5. CHARITY. 45 by the assembly, unless the petitioners produce therewith ample testimonials as to their life and conversation; and re¬ commendations from the synod, or presbytery of the bounds where they reside, bearing such persons to be truly objects of charity.— Act 8. Ass. 1710. IV. Recommended to presbyteries, to apply to the justices of the peace, and other magistrates, to put in execution the laws respecting the poor, and vagrant beggars, and to provide work and maintenance for them.— Act 11. Ass. 1711. V. Recommended to ministers, kirk-sessions, presbyteries, and synods, to take effectual care, and use all due means, to get every parish to maintain its own poor; and to make ap¬ plication to sheriffs, justices of the peace, commissioners of supply, and heritors in their respective bounds, and to ma¬ gistrates of burghs, that the laws against vagrant and sturdy beggars, be put in vigorous execution : And further enjoined on synods, presbyteries, kirk-sessions, and ministers, strictly to observe Act 19. Ass. 1696 a .— Act 7. Ass. 1724. VI. Recommended, That a public contribution, through all the parishes of Scotland, for advancing- an infirmary or hospital, in Edinburgh, for the relief of the sick'and wounded poor, be made upon such Lord’s days, as presbyteries and mi¬ nisters shall think most proper: And all well disposed per¬ sons are exhorted to lay to heart the case of the poor and distressed, and, according to their ability, to contribute to their relief, by encouraging that necessary and charitable de¬ sign ; and ministers are to enforce the same with suitable ex¬ hortations ; and it is appointed, that the money collected in the several parishes, be put into the hands of the moderators of the several presbyteries, and by them transmitted to Edin¬ burgh.— Act 6. Ass. 1728. VII. This recommendation is renewed in Act 7. Ass. 1731. VIII. Appointed, That in all collections thereafter made by the act and recommendation of assembly 1763 b , the 3 Supra, 2. b An unprinted act. 46 CHRISTIAN KNOWLEDGE. brethren or presbytery, when they remit the money collect¬ ed in obedience thereto, to the person named in the act for receiving it, shall transmit at the same time, an exact ac¬ count of the several sums of money so remitted, to the clerks of assemblies, who shall keep a book for enrolling these re¬ mittances, that the church may have thereby an opportunity of knowing the just amount of the several collections made in obedience tp the acts of assemblies.— Act 9. Ass. 1771. CHRISTIAN KNOWLEDGE *. I. A committee is named to receive reports from presby¬ teries, of the advances made in the subscriptions for propa¬ gating Christian knowledge; and take notice how acts 5 b . $ c . Ass. 1707, have been obeyed; and synods and presby¬ teries are enjoined to sec to the punctual execution of these two acts, and to insert an account of their diligence in their books.— Act 5, 6. Ass. 1708.— (Nota. These acts are in¬ serted after the Index of the other acts of that assembly.) II. All the people of this church, arc earnestly exhorted tocontribute their best endeavours, in their stations, to pro¬ mote the design of propagating the knowledge of Christ, in the Highlands and Islands of Scotland, and in forei gn pa rts of the world, and particularly, to give part of their substance that way; and a method is laid down for collecting subscrip¬ tions for, and contributions of money towards that design ; and the commission is impowered to promote the same.— Act 6. Ass. 1 709 . III. The exact observation of the above Act 6. Ass. 1709, is enjoined, where the same is not yet done, and presbyteries are appointed to see the same done, and to return to the se¬ cretary of the Society for propagating Christian knowledge, a report of their diligence; and ’tis recommended to the several synods, concerned in the Highlands and Islands, to enquire what parishes in these bounds want schools, what parishes * Sec Schools. b Schools, 6', c Papists, 14. CHRISTIAN KNOWLEDGE. 47 need more schools than one, and how many they need; what is the extent of these parishes in length and b'readth. As also, what ministers have more churches or places of worship than one, and whether these churches stand in different islands, or not; and if there be a school for every kirk or island; oV any persons in these places to teach children to read, or any cate¬ chists: As also, in what places Popery abounds most, and where catechists will be needful: And synods are appointed to send an impartial and true account of the above particulars to the secretary of the said society, subscribed by their mode¬ rator and clerk, that the said society may have the whole mat¬ ter before them, in order to the disposing of the annual rents of their stock, where it is most needful; and all ministers, and other charitable persons, are seriously exhorted to put their contributions into the hands of the treasurer to the society. And that there may be the greater plenty of fit instruments to be employed in the design of propagating Christian knowledge, the assembly did again appoint the one half of the whole bur¬ saries of all the presbyteries in Scotland, to be bestowed on hopeful and pious students, having the Irish language, for the space of four years, according to the tenor of Act 10, Ass. 1713*. And the several synods are enjoined to see all the foresaid appointments put in due execution, and that they re¬ port an account of their diligence herein to the assembly, from time to time, and to the commisions of this and subsequent assemblies: And likewise, the whole synods and presbyteries within this church are ordained to give all due encouragement, countenance, and assistance to the said society, and these em¬ ployed by them, as they shall be orderly applied to, for that effect, from time to time .—Act 11, Ass. 1710. IV. Upon a long representation from the committee of the Society for propagating Christian knowledge, giving a distinct account of the diligence of that society, in prosecution of the ends of their erection, and the progress they had made in their work, and of the things that hindered the further advancement c Bursars, 13. 48 CHRISTIAN KNOWLEDGE. thereof; the assembly renews former recommendations to the several synods, presbyteries, sessions, ministers, and charitable persons, desiring, that the judicatures above mentioned would follow the method prescribed by Act 6. Ass. 1709 a , and Act 11. Ass. 1710 b , in furthering subscriptions and contributions, ancVreport to the society; and the several presbyteries are strictly enjoined to report to their synods a distinct account of what they have done at any time before this, or what they shall hereafter do, in order to forward that pious undertaking, and that in the method prescribed by the saidtwo acts; particu¬ larly, presbyteries are appointed again to require an account of the diligence of all the ministers within their bounds in this matter, and to record their reports in their books; and the several synods are ordained to take a particular account of the diligence of their respective presbyteries, and record it in their synod books; and the several presbyteries and synods are appointed to send a full and distinct report of their dili¬ gence in this matter, subscribed by their moderator and clerk in manner prescribed by the said two acts, to the commission: And the commission are appointed to give in a list of such presbyteries and synods as shall omit to send in their accounts, to the assembly; and persons of all ranks and degrees are earnestly exhorted, according to their abilities, to contribute to the advancement of this Christian undertaking .—Act 5. Ass. 1712. V. The assembly commend the diligence of the society for propagating Christian knowledge and their commitee. They recommend to all ministers and elders, and charitable per¬ sons, to concur in that work ; and again renew the acts and recommendations of preceding assemblies to synods, presby¬ teries, and particular ministers, for furthering subscriptions and contributions; and appoint presbyteries to call for an ac¬ count of the diligence of ministers and sessions, in this matter, at their privy censures, and parochial visitations, and record their reports in their presbytery books; and synods are or- a Supra, 2. b Supra, 3 . CHRISTIAN KNOWLEDGE. 49 dained, at their privy censures, to take a particular account of the diligence of their presbyteries; and record the reports of presbyteries in their books; and synods and presbyteries to send a report of their diligence herein, subscribed by their moderator and clerk, to the commission : And the commission is instructed, to call for the foresaid accounts, and see to the observation of this and former recommendations; and lay be¬ fore the assembly an account of such synods and presbyteries, as shall neglect to send in to them, reports of their diligence in this matter.— Act 5. Ass. 1713. VI. Upon a representation from the committee of the Soci- ety, giving an account of their procedure, the extent of their stock, the number of schools erected by them, and the success and progress of the said schools; and representing the defects of some ministers, in their way of collecting for the society; the assembly renews former recommendations in their fa¬ vours ; and farther recommends to presbyteries, to look for persons qualified for serving the society, as schoolmasters; and to send an account of them, with certificates in their fa¬ vours, to the society, or their committee: And a committee is appointed, to meet with the said committee of the society, and advise jointly what further may be done, for the society’s benefit, and by the society, for fully satisfying all persons, of the fairness and exactness of their management; upon whose report the assembly found the said society, as well secured a- gainst the danger of future events, as any society can be ; and and they impowered their commission to appoint public in¬ timations to be made in all the churches, of an additional re¬ presentation of the further progress and success of the society, which the committee of the society were preparing.— Act. 13. Ass. 1714. VII. Upon the petition of the committee of the society, the assembly recommends a public collection at all the church- doors in Scotland, upon such days as the several presbyteries and magistrates of burghs shall think fit, for buying books to the society’s scholars, and settling more schools; and former G no CHRISTIAN KNOWLEDGE, recommendations in favours of the society, are renewed ; and the same arc appointed to be read in these congregations, where they have not yet been done.— Act. 12. Ass. 1715. VIII. Upon a supplication from the committee of the so¬ ciety, the assembly renewed the recommendation of the last assembly for a collection and appointed a new day for it; and the money is ordered to be lodged in the hands of the mode¬ rators of the several presbyteries, who are to keep exact ac¬ counts thereof; and to send the money, with the copy of the accounts, to the society’s treasurer: And all ministers and others, who had not paid in the money they had subscribed for, are desired to send in the same to the treasurer, and the execution of the above recommendation is remitted to the several presbyteries, who are to report their diligence both to their synods and to the commision.— Act 4. Ass. 1716. IX. Upon a representation from the committee of the so¬ ciety, of the success of the collections recommended by former assemblies, and of the society’s schools, the assembly enjoin the yisitors of synod books to take special notice what care synods have taken, in calling presbyteries to an account of their diligence, in promoting the said collections ; and to lay an account thereof before the assembly: And the assembly again recommend to deficients, yet to send in their money to the treasurer of the society; and to ministers entered to parishes, since the date of the said recommendations, not only to contribute themselves, but to set about collecting in their parishes; and 'tis again recommended to all ministers and members of this church, to give all manner of encouragement to that charitable undertaking.— Act 4. Ass. 1717. X. Upon a recommendation from the committee of the so¬ ciety, giving an account of their method of management, and success of their endeavours, that their stock was now upwards of lb. 12. c lb. 13. N 98 DOCTRINE. which they conceive to be contrary to the word of God, the acts of assembly, or the received order of this kirk ; in any of these cases, the assembly thinks it necessary, that they urge their dissent to be marked in the register ; and if it be refused, that they protest, as they would desire to be free of common censure with the rest: And the dissenters are declared cen¬ surable, if their dissent shall be found otherwise than they conceived,— Act Sess. 7* June 1. Ass. 1614, DOCTRINE *. I. All persons are discharged to preach or disseminate any erroneous doctrine, opposite to any head or article of the confession of faith of this church ; and particularly, the vent¬ ing of any Arminian or Socinian error is discharged; and the respective judicatures of the church are ordained, to ad¬ vert to any who shall teach or vent such errors, and to pro¬ ceed to censure them therefore, as shall be found just and re¬ quisite for suppressing the same; and more especially, that the synod of Fife take heed to Mr Graham at Dunfermline, that he contravene not this Act 12. Ass. 1701. II. All persons are discharged to vent any opinion contrary to any head or article of our confession of faith and catechisms, or to use any expression, in relation to the articles of faith, not agreeable to the form of sound words expressed in the word of God, and the confession of faith and catechisms of this church, which are most valuable pieces of our reformation. And ’tis enacted, That no minister or member of this church, presume to print or disperse in writ, any catechism, without the allowance of the presbytery of the bounds, and of the com¬ mission: And the presbytery is appointed to lay any such catechism before the commission ; and synods and presbyteries are enjoined, carefully to advert to the observation of this act, and to notice the transgressors thereof.— Act 12. Ass. 1710. * See Ministers, Corruptions in Office, § 4. 5. Corruptions in tbcir Call¬ ings, § 9. Bourignionism. Formula. Preaching, 2. 5. DOCTRINE. 99 III. A committee is appointed, and impowered to enquire into whatever should be found necessary for preserving and maintaining the purity of the doctrine of this church; and particularly, to take into consideration the process, Mr. James Webster against Mr. John Simson, and prepare a full and dis¬ tinct state thereof, and report an overture thereupon to the next assembly, in order to their final decision thereof; and particular instructions, for that end, are given to the said com¬ mittee, by Act 8. Ass. 1715. IV. Mr. John Simson, and all others, are enjoined to for¬ bear teaching, or any way venting the proposition charged by Mr. James Webster, against him as error, until they be de¬ termined by the judicatures of the church; and the commit sion and instructions given by the committee, named by the former assembly, for preserving the purity of doctrine, are re* newed, and ’tis referred to them also, to consider some propo¬ sitions laid before the assembly by Mr. Webster, and Mr. Simon’s answers thereto, and all other things relating to that affair; particularly, some points mentioned in the act, that were reserved by the said committee, to be considered after finishing the principal cause: And the committee is impower¬ ed to give such directions to Mr Simson as they shall find ne¬ cessary. And all ministers are discharged, by preaching or printing, to charge Mr. Simson with error, until the matter be fully tried, and he be convicted by the church: But pre¬ judice always to them, to state the same propositions that are charged against him, and refute the same by as strong argu¬ ments as they think fit: And upon a protestation entered by Mr. Simson against the above mentioned injunction laid upon him by the assembly, as insinuating, that he had taught the errors charged against him in Mr. Webster’s libel, as his o- pinion, or as truth, which he disowned: The committee is impowered to suspend him for such time as they shall think fit, in case it was found that he contravened the same .—Act 7. Ass. 1716. V. Mr. John Simson is prohibited and discharged to use 100 DOCTRINE. expressions that bear, and are often used in, a bad and unsound sense, or to teach, preach, or otherwise vent opinions, proposi¬ tions, and hypotheses which unduly advance natural reason, and are not evidently founded on scripture: And they extend the foresaid prohibition to all professors of divinity, ministers, preachers, and others in this church ; and particularly, dis¬ charge them to vent any doctrines, not agreeable to our con¬ fession of faith and catechisms: And they recommend to all faculties in universities, and to all presbyteries within this church, to see this act observed by all the persons aforesaid within their several jurisdictions, and to censure the contra- veners, as they see cause .—Act 9. Ass. 1717. VI. Mr Gabriel Wilson minister of Maxtoun found to have not been entirely orthodox in a sermon preached before the synod of Merse and Tiviotdale in these three points of doctrine, viz. 1. That the moral law to believers is divested of the curse or threatening of eternal damnation, and hath no other sanction but fatherly chastisement; 2. That gospel or saving repentance is not necessary in a sinner, in order to the pardon of his sins in justification; 3. That assurance, or a man’s persuasion that he shall be saved by Christ, is of the essence of justifying faith : And he is admonished, prohibited, and discharged to use by writing, preaching, catechising, or otherwise teaching, either publicly or privately, any expres¬ sion upon these three points of doctrine, that are inconsist¬ ent with, or contrax'y to those maintained in this church, agreeable to the word of God, and the confession of faith and catechisms thereof: And he is admonished to keep the form of sound words, and to beware of expressing himself upon any occasion in such terms as may have a bad influence on Christian practice, or any ways tend to weaken the life and power of godliness, and be of dangerous consequence to the great interest of precious souls .—Act 11. Ass. 1723. VII. A committee is appointed with full powers to proceed upon the articles of the process against Mr. Simpson, both as to the libel and queries, not however, to pass a sentence DOCTRINE. 101 either absolving or condemning him, but to report their diligence to next assembly; all being reserved for their judg¬ ment. It is recommended to the presbytery of Glasgow to assist the committee; and Mi\ Simpson is appointed to at¬ tend it and the next general assembly ; and in the meantime, on account of the articles of the libel found relevant and proven, he is suspended from preaching and teaching till the meeting of next general assembly.— Act 10. Ass, 1727. VIII. Mr. John Simson found to have taught such things, and expressed himself in such terms as are subversive of the doctrine of the Trinity as contained in the holy scriptures, and laid down in our confession of faith and catechisms, he is, therefore suspended from preaching and teaching, and all exercise of ministerial power or function, until another gene¬ ral assembly shall think fit to take off the sentence.— Act 9. Ass. 1728. IX. The sentence of last general assembly is ratified and confirmed suspending Mr. Simson from preaching and teach¬ ing, and all exercise of any ecclesiastical power or function, until another general assembly shall think fit to take off this sentence: And the assembly also give it as their judgment, that it is not fit or safe that he be further employed in teach¬ ing divinity and instructing youth designed for the holy minis¬ try in this church; And that the judicatories may have no more trouble about this process, ’tis thought fit that, for peace’s sake, this whole affair concerning Mr. John Simson shall rest here.— Act 6. Ass. 1729. X. Recommended to all ministers of this church to be care¬ ful in their several charges; to guard against the spreading of any error, contrary to the standards of doctrine, and con¬ demned by acts of assemblies, particularly such as strike a- gainst the fundamentals of our holy religion.— Act 8. Ass. 1730. XI. Found, That what Mr Archibald Campbell, professor of divinity and ecclesiastical history in the university of St. Andrews had taught with respect, J. To the inability qf 102 DOCTRINE. man by his natural power to find out the being of a God, he had by this no intension to enervate natural religion, or give any handle or countenance to its enemies, but rather to shew the necessity of supernatural revelation; 2. To the law of nature’s being sufficient to guide rational minds to happiness; that it was not his meaning that a supernatural revelation of a Saviour and faith in him were superfluous, and not necessary to the happiness of fallen man; 3. To self-love’s being the sole principle and motive of all religious and virtuous actions; that he meant no more, than that our delight in the honour and glory of God was the chief motive of all virtuous and reli¬ gious actions; and 4. That the disciples during our Saviour’s lifetime, only expected and hoped for a temporal deliverance and worldly kingdom—That between his death and resurec- tion, they concluded him to be a cheat and impostor—ant} that before his resurrection, they had no notion of his divini¬ ty : That these were only Mr Campbell’s conjectural opinions with regard to the inward sentiments of other men ; that our confession and catechisms teach nothing concerning these matters ; and that his design was to give greater strength to his argument for vindicating the apostles from enthusiasm; and it is thought, that the examining and stating the matter as has been done, is sufficient for cautioning against the errors of which Mr Campbell had at first been supposed guilty, without a formal sentence; and, therefore, ’tis resolv¬ ed and appointed, That the matter rest here. And ’tis re¬ commended to Professor Campbell, and to all ministers and teachers of divinity within this church, to be cautious in their preaching, teaching, and writing, not to use doubtful expres¬ sions or propositions, which may be constructed in an errone¬ ous sense, or lead the hearers or readers into error, however sound such words or propositions may be in themselves, or however well intended, but to hold fast the form of sound words .—Act 10. Ass. 1736. XII. ’Tis declared, That as the assembly in the foregoing act say, that they gave no judgment or formal sentence on DUELS. 103 Professor Campbell, and therefore could not be understood to adopt any of his expressions on the head of self-love; so this assembly do stedfastly adhere to the doctrine of our church on that head, expressed in our standards, particularly in the answers to that question in our Shorter and Larger Catechisms, “ What is the chief end of man ?”—Act 5. Ass. 1737. XIII. Exceptions having been taken at a sermon publish¬ ed by Mr William Leechman, professor of divinity in the college of Glasgow, on the nature, reasonableness, and ad¬ vantage of prayer, ’tis found, that he has given abundant satisfaction concerning the orthodoxy of his sentiments; and that there is no ground or occasion remaining for any further trial of the professor in respect of that sermon: And the presbytery of Glasgow is prohibited to commence or carry on any further or other proceedings against him on account of that sermon. —Act 9. Ass. 1744. DUELS. That all persons, of whatsoever quality, who shall either fight duels, or make, or write, or receive, or, with their know¬ ledge, carry any challenge, or go to the field, either as prin¬ cipals or seconds, to fight duels or combats, be, without res¬ pect of persons, processed with the censures of the kirk, and and brought before the congregation two several Lord’s days; in the first whereof they are sharply to be rebuked, and con¬ vinced of the heinousness of their sin and offence; and on the next to make a solemn public confession thereof, and profes¬ sion of their unfeigned humilation and repentance for the same : And if the persons guilty of any of the former offences be an elder or deacon, he is to be removed from his office: And whatsoever person guilty of any of these offences shall refuse to give obedience according to the tenor of this act that he be processed to excommunication. And if any be killed at such duels, that the killer be proceeded against by the kirk as other murderers .—Act Scss. nit. Aug. 12. Ass. 1648. lot EVILS OF THE KTRK, EVILS OF THE KIRK. « I. The high commission court is disallowed, and con¬ demned as unlawful in itself, and prejudicial to the liberties ol Christ’s kirk and kingdom, the king’s honour in maintain¬ ing the established laws and judicatures of the kirk, the use and practice of the same is prohibited ; and presbyteries are ordained to proceed with the censures of the kirk against all such as transgress .—Act Scss. 14 Dec. Ass. 1638. Art. 4. II. The articles concluded at Perth assembly ; 1. That the sacrament of the Lord’s supper be celebrated by the people on their knees ; 2. That it be privately administered to per¬ sons on death-bed, three or four being present to communi¬ cate with them, and a place convenient, and all things neces¬ sary decently provided; 3. That baptism, when great need shall compel, be administered in private houses, and declara¬ tion made thereof next Lord’s day in the congregation; 4. That ministers catechise all young children of eight years of age, and that the bishops, in their visitations, cause present them to them, and bless them, with prayers and imposition of hands; and, 5. That the days of our Lord’s birth, passion, resurrection, and ascension, and sending down of the Holy Ghost, be observed by ministers, in commemoration of these inestimable benefits; are declared to have been abjured by the kirk, in their confession of faith, as it was meaned and professed in the years 1580, 1581, 1590, 1591, and so ought to be removed out of it; and all disputing for, or observing of, any of them, in all time coming, is prohibited and dis¬ charged ; and presbyteries ordained to proceed with the cen¬ sures of the kirk against all transgressors: And the several acts of parliament and general assemblies, and heads of our confession of faith, and books of discipline, disapproving and condemning the substance of these articles, are resumed in Act Scss. 17. Dec. 10. Ass. 1638. III. The confession of faith, and several acts of the gene- EVILS OF THE KIRK* 105 ral assemblies of this church, declaring against abolishing and condemning all errors and corruptions in doctrine, discipline, and government, and particularly, the Roman hierarchy, and establishing and ratifying the liberty, discipline, and jurisdic¬ tion of the true kirk, in her sessions, presbyteries, synods, and general assemblies, and gradually advancing and carry¬ ing on the work of reformation from the year 1595, arc reca¬ pitulated : And declared, that according to the confession of faith, as it was professed in the years 1580, 1581, and 1590, all episcopacy, different from that of a pastor of a particular flock, was abjured in this kirk, and to be removed out of it: And therefore, all persons are prohibited, under ecclesiastical censures, to usurp, accept, defend, or obey, the pretended au¬ thority thereof, in time coming,— Act Sess. 16. Dec. 8. Ass . 1638. IV. That the service, or common prayer book a , book of canons b , and consecration or ordination c , and the high com¬ mission court d , be rejected; the articles of Perth e , be no more practised; that episcopal government f , and the civil places and power of kirkmen g , be held still as unlawful in this kirk; that the pretended assemblies at Linlithgow 1606 and 1608, at Glasgow 1610, at Aberdeen 1616, at St An¬ drews 1617, and at Perth 1618 h , be thereafter accounted as null and of no effect, as the main and most material causes, of the many and great evils that in time past had so sore troubled the peace of this kirk and kingdom; and that, for the preserving of religion, and preventing all such evils in time coming, general assemblies rightly constituted, as the proper and competent judge of all matters ecclesiastical, be thereafter kept yearly, and oftener pro re nata , as occasion and necessity shall require; the necessity of all these occa¬ sional assemblies being first remonstrated to his Majesty by humble supplication: As also, that kirk-sessions, presbyter a Books Erroneous, 1. b lb, 2. c lb, 3. d Supra, 1. c Supra, 3. f Supra, 3. S Places Civil. h Assemblies, 1. o 106 EXCOMM UN IG AT IO N. ries, and synodical assemblies, be constituted and observed according to the order of this kirk.— Act Sess. 8. Aug. 17. Ass. 1639. V. The assembly approves of a memorial setting forth the evils and grievances of the church from patronages, from the toleration as it stands ; the hardships imposed upon Scots¬ men in office in England and Ireland, in obliging them to take the sacramental test, and the prejudice done to this church by the differences that have arisen about the oath of abjuration ; and recommends to all the members to use their endeavours with friends at London, that the end of the ad¬ dresses set down in Acts 16, 17. Ass. 1712 a , concerning the oath of abjuration, may be obtained ; and the said memorial is put into the hands of their commission, who are enjoined to use all due means to obtain redress, and to send the same to the secretary of state, to be laid before his Majesty.— Act 9. Ass. 1715. EXCOMMUNICATION * I. The pretended Archbishops of St. Andrews and Glas¬ gow, the bishops of Edinburgh, Galloway, Ross, Brechin, and Aberdeen, are deposed and excommunicated ; and the pretended bishops of Dumblain, Murray, Orkney, Lesmore, Isles, Dunkeld, and Caithness, are deposed for sundry hei¬ nous offences and enormities proven against them, and are ordained to be excommunicated, in case of their disobedience to the ordinances of the assembly, by Act Sess. 20. Dec. 13. Ass. 1638. II. The act of assembly at Edinburgh 1569, ordering, that those who will not forbear the company of excommuni¬ cated persons after due admonition, be excommunicated them- a Oath, 4. 5 . * Deposing and reponing ministers, 1. 5. 10. Papists, 3. 4. Parliament, 4. 6 . Kirk, 6. § 1. Ecclesiastical Remedies of Sins, 3. Ecclesiastical Remedies a- gainst Profaneness, 13. Public Enemies, 4. § 2. •> EXCOMMUNICATION. 107 selves, except they forbear, is ordained to be put in excecu- tion, by Act Sess. 23. 24. Dec 17. 18. Ass. 1638. Art. 16. III. That if any minister haunt the company of an ex¬ communicated person, contrary to the laws of the kirk, he be suspended from his ministry, by his presbytery, for the first fault, during their pleasure ; and for the second fault, that he be deprived; and in case the presbytery be negligent therein, that the provincial assembly do censure the presbytery thus negligent .—Act Sess. ult. Aug. 19. Ass. 1643. IV. The article of the heads and propositions sent to the assembly held at Edinburgh in 1573, by the Lord Regent, and approver! by the assembly, bearing, that it was resolved, that the executions of the sentence of excommunication » ^ v against persons excommunicated, after the space of forty days past, should be presented to the Lord Treasurer or his clerk, to receive also civil execution upon his Majesty’s charges in manner mentioned in the act, is ratified and approven; and presbyteries are ordained to cause send in to the procurator or agent for the kirk, minutes and notes of the sentences of ex- communication within their bounds, bearing the time and cause thereof, under the hand of their moderator or clerk, or of the minister that pronounced the sentence, for the end above men¬ tioned ; and that particular account be craved hereof in every general assembly. Ibid. V. George Earl of Seaforth ordered to be excommunicated, and intimation to be made thereof in all the kirks of Scotland. — Sess. 10. June 13. Ass. 1646. VI. That the sentence of excommunication being first in¬ timated throughout all the churches within the presbytery where the said sentence was pronounced, (if the persons continue obstinate) the presbytery shall then give an account thereof to the synod, who shall appoint the like intimation to be made in all the churches within their bounds; and, if, notwith¬ standing of this and other due means used to reclaim them, they still continue obstinate, in that case, that an account of their names and sentences passed against them, be brought by 108 EXCOMMUNICATION. the said synod to the general assembly, that they may appoint intimation thereof to be made throughout all the churches of the kingdom; and that at the foresaid respective intimations, ministers take occasion to hold forth the sad state and condi¬ tion of the excommunicated persons, and that they inform the people how to carry towards them .—Act 9. Ass. 1701'. 'Excommunication Less *. The kirk-session having brought the process to an inti¬ mation of the sentence of the lesser excommunication, before they inflict the same, they are to refer the affair to the pres¬ bytery, bringing their whole proceedings before the presbytery in writ, that they may have a full view of the whole affair.— Form Proc. cap. 8 § 1. Act 11. Ass. 1707. Excommunication Greater f. If persons continue under the lesser excommunication a considerable time, and be found frequently relapsing into these vices they were censured for, it may be construed such a de¬ gree of contumacy, and so aggravate the crime, as to found a process for the higher excommunication to be inflicted, or not, as may tend most to the reclaiming of die guilty, and edifica¬ tion of the church. Form Proc. cap. 3. § 6. All processes, in order to the greater excommunication, to be grounded on ma¬ nifest contumacy, or obstinate continuance in scandalous prac¬ tices, and where these are not, the lesser excommunication needs only to have place; yet in some extraordinary cases the church, according to scripture warrant, hath summarily ex¬ communicated persons guilty of notour, atrocious, scandalous sins, to shew the church’s abhorrence of such wickedness, Ibid, cap. 8. § 1. Though a scandal hath been delated, and contu¬ macy hath followed by not appearing, yet if no scandalous * Scandals, 9. 10. Competency of Church Judicatures, 2. Absolution, I. Ministers, 10. § 6. f See Absolution, 2 , Ministers, 10. § 0. EXCOMMUNICATION GREATER. 109 practice hath been proven, then only the simple contumacy is to be proceeded against, for which it were hard to go a great¬ er length than the lesser excommunication. Ibid. § 2. If the scandal hath been proven, and the censure of the lesser ex- communication intimated, as in Form Proc. cap. 3. supra , there is to be no further proceeding, unless the scandal be gross, or of an heinous nature, or that it is spreading and in¬ fectious, as in heresies, or schism in the church; in which cases contumacy is to be proceeded against, in order to the greater excommunication. Ibid. § 3. If the presbytery find the lesser excommunication not sufficient, and that the af¬ fair is so weighty as to oblige them to enter on the process, they are to cause the officer to cite the scandalous person. Ibid. § 5. If the party appear and deny the scandal, they arc to proceed and lead probation as in other cases. Ibid. § 6. If the party contemn the citation, the presbytery is to renew the same, until he hath got three; and after the three citations he is to be cited out of the pulpit, and intimation is to be made, that the judicatory will proceed to enquire into the pre¬ sumptions or probation of the guilt; and this is to be done al¬ though the delinquent be absent. Ibid. $ 7. Then the pres¬ bytery is to order the minister of the congregation next Sab¬ bath, after forenoon sermon, to inform the congregation of the kirk-session and presbytery’s proceedings, and the party’s con¬ tumacy, and that the presbytery intended to proceed to the highest censure, and the minister is gravely to admonish the party (if present) to repent and submit himself, threatening him, that if he continue impenitent, the church will proceed; yea, though he be absent, the minister is to acquaint the peo¬ ple that the church requires him to repent and submit under the foresaid certification. Ibid, § 8. There should be three public admonitions, and a presbytery should intervene betwixt each admonition; and if the person still continue impenitent and contumacious, the same is to be represented to the pres¬ bytery, who are thereupon to appoint public prayers thrice to be made for the scandalous, impenitent, or contumacious-per- 110 EXCOMMUNICATION GREATER. son, humbly to beg that God would deal with his soul, and convince him of the evil of his ways. Ibid. § 9. These pub¬ lic prayers are to be put up three several Sabbath days, a presbytery (where it meets at least once a month) intervening betwixt each prayer. Ibid . $ 10. If the party continue still impenitent, the presbytery, after prayer, is to pass sentence, and to appoint a minister to intimate the same, and to skew the presbytery’s resolution to proceed upon such a Sabbath as they shall name, for pronouncing the sentence solemnly iff the face of the congregation, unless either the party, or some for him, signify some relevant ground to stop their procedure. Ibid. $11. That day being come, the minister should preach a sermon suited to that solemn occasion, or at least, after ser¬ mon, should shew the congregation what he is going about, introducing the narrative of the process, with a discourse con¬ cerning the nature, use, and end of church censures, particu¬ larly the greater excommunication, if he hath not done it ful¬ ly in Jiis sermon. Ibid. $ 12. Then he should narrate the steps of the process, and shew that now all other means being used, there remained only that of cutting off the scandalous person from the society of the faithful, and intimating the presbytery’s warrant and order so to do. Ibid. § 13. Before sentence, the minister is to pray with the congregation, that God grant repentance to the obstinate person, and bless his ordinance, and make it effectual both for the edification of others, and reclaiming the obstinate sinner. Ibid $ 14. Then, after prayer, the minister is with gravity and authority to pro¬ nounce the censure, shewing our Lord’s command, the apostle Paul’s direction, and recapitulating the presbytery’s warrant, and resuming the scandalous and obstinate person’s behavi¬ our, whom he is to name. He therefore in the name and au¬ thority of our Lord and Master Jesus Christ, doth in verbis de presenti pronounce and declare him or her excommunicat¬ ed, shut out from the communion of the faithful, and debar¬ ring that person from their privileges, in the words of the A- postle, delivering that person over to Satan; which sentence FASTS. Ill is to be intimated, according to Act 9. Ass. 1704 3 . Ibid. § 15. If before pronouncing sentence, the scandalous person make any public signification of his repentance, and his desire to have the censure stopped, the minister, upon apparent serious¬ ness, may delay it, till he report to the presbytery, who are to deal with the person as they see cause. Ibid. § 16. After pronouncing the sentence, the people are to be warned to shun all unnecessary converse with that person; nevertheless ex¬ communication dissolveth not the bonds of civil or natural re¬ lations, nor exempts from the duties belonging thereto. Ibid. §17. If after all diligence and vigilance, both by doctrine and discipline respectively, for preventing and purging out er¬ rors, heresies, schisms, and scandals, tending to the detriment and disturbance of the church, these means alone prove not effectual to that purpose, it is necessary to employ the aid of the civil magistrate, who ought^to use his coercive power for the suppressing of all such offences, and vindicating the dis¬ cipline of the church from contempt. Ibid. § 18.— Act 11. Ass, 1707. FASTS. I. A day of fasting and humiliation is appointed for the causes mentioned in Act Sess. 13. Aug. 6. Ass. 1642. II. That not only the members of the general assembly, but all the congregations also of the town where the assembly, holds, be exercised in fasting and humiliation, the first day of the meeting of the general assembly, for craving the Lord’s blessing on that meeting; and that public worship be in all the kirks thereof that day, for that effect.— Act ult. Sess. 7. June 4. Ass. 1644. III. But the said act, as to public fasting in the congrega¬ tion, is suspended, until the matter were further considered ; the exercises, for the members of the assembly at their first meeting, being still observed according to the ancient and laudable practice.— Act. Sess. ult. June 18. Ass. 1646. IV. A solemn national fast and humiliation is appointed to a Excommunication, 6. Ii2 FASTS. be kept for the public defections and sins of the land, both in the late and present times; whereof see a long narration in the act; which also contains a serious exhortation to repen - tence and the performance of several duties, and to fervent prayer for several blessings therein mentioned.— Act 12. Ass , 1690. V. Another fast, for the like causes, is appointed by Act 6. Ass. 1699. VI. Another, by Act 5. Ass. 1700i VII. Another, by Act 9. Ass. 1701. VIII. ’Tis recommended to the several presbyteries, to ap¬ point a fast to be observed within their respective bounds, for the like causes by Act 26. Ass. 1704. IX. ’Tis recommended to the several synods and presbyte¬ ries, to set apart a day for public fasting and prayer for her Majesty’s preservation and the Protestant religion by Act 17. Ass. 1705. X. A solemn fast and humiliation is appointed for the same causes with the former; and particularly, for the result of the treaty, then on foot, betwixt Scotland and England by Act 19. Ass. 1706. XI. A solemn fast is appointed for a dearth and threaten¬ ed scarcity.— Afit 8. Ass. 1709. XII. A fast is appointed for the great and crying sins of the land.— Act 6. Ass. 1710. XIII. All ministers and members of this church are ap¬ pointed, religiously to observe all fasts and thanksgivings, whether appointed by the church, or the supreme magistrate, for just and necessary causes: And presbyteries and synods are appointed to take particular notice of the due observation of this Act 7. Ass. 1710. XIV. ’Tis appointed, That the several presbyteries at their first meeting after every public fast or thanksgiving, whether by civil or ecclesiastical appointment, call the several brethren within their bounds to an account how they observed such fasts and thanksgivings, and record their diligence there- FATHER OF AN ILLEGITIMATE CHILD. 113 in. And synods are enjoined, at their privy censures, and at their revising of the presbytery books, to take particular notice how the present and the above Act 7. Ass. 1710, have been observed by presbyteries, and the several ministers there¬ in : And they are appointed to record their diligence in their books.— Act 4. Ass. 1722. XV. A national fast is appointed for the causes mentioned in Act 5. Ass. 1726. XVI. The several presbyteries within the church are ap¬ pointed to fix upon a particular day in the month of June for the observance of a fast on account of a scarcity and a war un¬ der which the nation was groaning. —Act 4. Ass. 1741. XVII. A solemn national fast is appointed for the reasons set forth in the act; and supplications proper for the occasion enjoined— Act 6. Ass. 1756. XVIII. ’Tis recommended, to all ministers, to take such methods as shall appear to them most effectual to fix the at¬ tention of all ranks upon the lessons of contrition, thankful¬ ness, and liberality, which then the dispensations of Provi¬ dence, and the seasonable supply of provisions especially taught. This recommendation is appointed to be transmitted to presbyteries as soon as possible.— Act 7. Ass. 1783. FATHER OF AN ILLEGITIMATE CHILD. An unmarried woman found with child, being cited, and compearing before the session, is to be interrogated, who is the father of the child : And if she discover him not, she is to be looked upon as contumacious. Form Proc. cap. 4. § 5. Sometimes prudence may require, that the person she nameth to be the father, be duly informed thereof, and spoken to privately; and if he deny the same, he is to be seriously dealt with to confess; but if he still deny, the session is to cause him to be cited to appear before them. Ibid. $ 6. If, when he compears, he still deny, he is to be confronted with the woman, and the presumptions as particularly held forth as possible; and all along there should be private treating with P 114 FATHER OF AN ILLEGITIMATE CHILD. him, in all meekness, charity, and seriousness; and if, after all this, he deny, though the woman’s testimony can be no sufficient evidence against him; yet pregnant presumptions, such as suspicious frequenting her company, or being solus cum sola in loco suspecto , or in guspicious postures, or such like, which he cannot disprove to the satisfaction of the ses¬ sion, may so lay the guilt upon him, as to shew him, that there appears no other way of removing the scandal, but his appearance to be publicly rebuked therefore: If he will not submit to this, it perhaps may be more for edification, that a true narrative of the case be laid before the congregation, and intimation given, That there can be no further procedure in the matter, till God give further light, and sist there at the time, than that an oath be pressed, and, upon refusal, proceed to the higher excommunication. Ibid. $ 7 a . If the delated father purge himself by oath, the woman is to be dealt with to give the true father; and if, after all serious dealing and due diligence, she give no other, she is to be censured, ac¬ cording to the quality of the offence confessed by her, without naming the person delated by her; the judicatory reserving place for further censure, upon further discovery. Ibid. § 10. If the woman declares she knows not the father of the child, alleging she was forced, as in the fields, by a person unknown, or any like reason; in these cases, great prudence is to be used, the former behaviour of the woman exactly searched into, and she seriously dealt with to be ingenuous; and if she hath been of entire fame, she may be put to declare the truth, as if she were upon oath, but not without the advice of the presbytery; and no formal oath should be taken; and if the woman confess she was not forced, but doth not know the man, whether married or unmarried; the same censure is to be inflicted upon her as in the case of adultery.— Ibid. $ 11 . Act 11 . Ass. 1707. a See the remainder of this, and Sections 8 and 9, Oath 3.— Sec also Pro- FORMULA. ns FORMULA *. I. Appointed, that the following formula be acknowledged and subscribed upon the end of the confession of faith:— “ I, A. B. do sincerely own and declare the above confession “ of faith, approven by former general assemblies of this “ church, and ratified by law, in the year 1690, to be the “ confession of my faith; and that I own the doctrine there- i( in contained, to be the true doctrine which I will constantly “ adhere to : As likewise, that I own and acknowledge presby- “ terian church government of this church, now settled by law, “ by kirk-sessions, presbyteries, provincial synods, and general “ assemblies, to be the only government of this church; and “ that I will submit thereto, concur therewith, and never en- “ deavour, directly or indirectly, the prejudice or subversion “ thereof; and that I shall observe uniformity of worship, “ and of the administration of all public ordinances within “ this church, as the same are at present performed and ah- “ lowed”.— Act 11. Ass. 1694. II. The presbytery of Auchterarder, is appointed to give Mr William Craig, an extract of his licence to preach the gospel: And the said presbytery, or any other presbytery within this national church, are discharged to require sub¬ scriptions of any young men, to be licensed to preach the gospel, or ordained to the office of the ministry, to any for¬ mula , but such as is, or shall be agreed to, and approven by the assemblies of this church: And the assembly declared their abhorrence of the proposition required by the said pres¬ bytery of Mr Craig, viz. i( And further. That I do believe, that it is not sound and orthodox to teach, that we must for¬ sake sin, in order to our coming t6 christ, and instating us in covenant with God,” as unsound and most detestable, as it stands and was offered by the said presbytery to be subscrib- * See Representatives in Assemblies, 10. Commissions to Representatives in Assemblies, 2, A. Probationers. 21. 116 HIGHLANDS. ed by Mr Craig: But the ministers of the said presbytery not being present to answer for themselves, they were appoint¬ ed to be cited before the commission, to answer them in the matter above written ; and the commission is appointed to de¬ termine therein, as they shall find just .—Act 10. Ass. 1717. III. The brethren of the presbytery of Auchterarder, having compeared before the commission, and represented what they intended by the said proposition, and the commission having accepted of the sense they offered of it, with this declaration always, that however sound and orthodox they were in their meaning, and what they intended by that proposition, yet they had expressed it in words very unwarrantable and exception¬ able : And the commission having admonished them, and dis¬ charged them to use that expression in time coming, and the brethren of Auchterarder having engaged to observe this pro¬ hibition ; the assembly approved of their commission’s pro¬ ceedings in this matter; and, for vindication of their brethren of Auchterarder, appointed the above to be printed among their public acts.— Act 8. Ass. 1718. HIGHLANDS *. I. That the knowledge of God in Christ, may be spread through the Highlands and Islands, agreed, 1. That an or¬ der be procured, that all gentlemen who are able, do send at least, their eldest sons, to be bred in the inland. 2. That a ministry be planted among them, and for that effect, that mi¬ nisters and expectants, who can speak the Irish language, be sent to employ their talents in these parts; and kirks there be provided as other kirks in this kingdom. 3. That Scots schools be erected in all parishes there, according to the act of parliament, where conveniently they can be had. 4. That all ministers and ruling elders that have the Irish language, be appointed to visit these parts; and this purpose is recom¬ mended to further consideration, that more overtures might * Bursars 13. Probationers, 9, 14, ‘-’4. HIGHLANDS, 117 be prepared thercanent, against the next assembly.— Sess. alt. June IS. Ass. 1646. II. Sortie Highland boys are recommended to bursaries in universities, and every congregation is appointed to pay forty shillings Scots, yearly, for maintaining other Highland boys at schools, in manner mentioned in Act Sess. 29. Aug. 4. Ass. 1648. Not a. This collection was only to endure twelve years. III. The provinces of Murray, Ross, and Caithness, are exempted from the above contribution of forty shillings, upon condition that each presbytery of these provinces, entertain one, having the Irish language, at schools and colleges.— Act Sess. 40. Aug. 11. Ass. 1648, IV. Instead of the above contribution of forty shillings, an extraordinary collection is ordained to be made at kirk doors one Sabbath in the year, for entertainment of Irish boys at schools and colleges, by Act Sess. ult. Aug. 6. Ass. 1649. V. 1 . Appointed, that a letter of thanks be written to the contributors to the fund for Irish bibles, New testaments, and catechisms. 2. Thought needful, that there be an advance of .£1000 Scots more, and that their Majesties’ privy council be supplicated therefore, out of the vacant stipends of the churches whereof the King is patron. 3. Recommended to the kirk-sessions, heritors, and others concerned in the High¬ lands , to see the act of parliament anent the erecting of schools in every parish, duly executed, and the funds esta¬ blished by law for the same be made effectual. 4. That the agent for the church receive the foresaid £1000 Scots, and disburse the same at sight of the ministers named in the act; and also receive the books above mentioned, being 3000 bibles, 1000 New testaments, and 3000 catechisms, from Lon¬ don. 5. That the members of that assembly, from the several synods, having Highland parishes in their bounds, do meet and appoint some to receive and proportion the said books, among the respective parishes. 6. Recommended to the mi¬ nisters concerned in the Highlands , to dispatch the whole pa- 118 HIGHLANDS. raphrase of the Irish psalms to the press, and if the principal copy can be recovered, to expedite the same; but that any other copy they have, be revised and approven by the synod of Argyle, that the same be printed.— Act 11. Ass. 1690. VI. Sixteen ministers, particularly named from the synods in the south, mentioned in the act, are appointed to go to the synods in the north, therein expressed, and supply vacancies for three months; and after them, other sixteen, according to the proportions set down in the said act, for the like time; and so forth quarterly, by turns, until the next assembly: And recommended to the respective presbyteries, punctually to supply the kirks of those that go to the Highlands, or are upon the commission or committee for the north.— Act 14. Ass. 1694. VII. Recommended to the commissioners of assembly, and committee for the north respective , to make inquiry into un¬ warrantable and illegal intrusions ; and to apply to the Lords of privy council to declare the intrusion, to the effect the kirks intruded into might be planted orderly, with their Lord- ships’ assistance.— Act 16. Ass. 1694. VIII. Some ministers and elders, appointed as a commitee for the north side of Tay, to determine in all references, ap¬ peals, and other matters particularly remitted to them; and especially, in all things contained in, and conform to, the overtures and instructions given them by that assembly a , and in no other matters: And they are declared only accountable to the next assembly; and their commission to continue till the second Tuesday of April 1695, or the next assembly, if it first happen.— Act 19. Ass. 1694. IX. Recommended to all presbyteries, that they fix no preachers or intrants, having the Irish language, in any con¬ gregation within the Lowlands of Scotland, without the con¬ sent of, and a certificate from the presbyteries in the High¬ lands where they formerlyresided.— Act 21. Ass. 1694. a Instructions, 1. 4 HIGHLANDS. 119 X. Some overtures are agreed to, for the more expedite planting of the Highlands, and declared to be condescended to, only for the present exigence, and to be no precedent for after times; — to be seen at large in Act 12 . Ass . 1696. XI. Supplies of ministers arc sent to Ross, Sutherland, and Caithness; and appointed, that such as have the Irish language, in Lowland congregations, be sent in mission, and upon calls, transported by the commission; and that in the same way as other ministers are appointed to be transported to the north.— Act 14. Ass. 1696. XII. Forty-four ministers are nominated and appointed to go from the presbyteries in the south, for the supply of the north, the one half after the other, by turns.— Act 15. Ass. 1696. XIII. The acts, proceedings, and conclusions of the fore- said committee 1694, for the north, are unanimously ratified and approven.— Act 17. Ass. 1696. XIV. The ordinary supplies for the north, are ordered to continue till the next assembly, conform to the foresaid Act 14. Ass. 1694 a . And recommended to presbyteries and sy¬ nods, that the same be made effectual; these named, and for¬ merly appointed to be sent from the several presbyteries by way of mission, being always sustained as a part of the said supply : But the presbytery of Perth is exeemed, in their pre¬ sent circumstances, from supplies to the north.— Act 25. Ass. 1696. XV. Those who had not obeyed the foresaid Act 1696, are appointed to fulfil their mission.— Act 6. Ass. 1697. XVI. The synods besouth Tay, are ordained to send to the north eighteen ministers, according to the proportions set down in this Act; and to send a quarterly supply of minis¬ ters, ay and while the sitting of the next assembly ; and re¬ commended to presbyteries, to supply the kirks of the minis¬ ters sent to the north, with daily preaching, at least two Sab- a Supra, G. 120 HIGHLANDS. baths of three; and these ministers sent to supply the north, are ordained to produce to their own presbytery, a testimo¬ nial from the presbyteries whose bounds they did supply, of their having fulfilled their appointment, and of their carriage and behaviour during their abode in these bounds .—Act 14. Ass. 1697. XVII. That when any parish on the north side of Tay, or of the town and presbytery of Perth, and presbyteries of Auchterarder, and Dunkeld, shall call a minister belonging to any parish on the south side of Tay; the procedure in his transportation shall be according to the overtures of the aforesaid Act 12. Ass. 1696 a . And the presbyteries on the south side of Tay, are appointed to send to the north, a num¬ ber of probationers equal to that of the ministers they are or¬ dered by the foresaid Act 14. Ass. 1697 b .; and the time of their staying there, and the work of the ministers sent north, is prescribed;—Directions are given for the speedy planting of the north, both to the people in the north, and the com¬ mission of assembly ; and presbyteries are desired to proceed deliberately with any of the late conform ministers, either as to their censure or reception; and that as to the last, they follow the directions in the Act 11. Ass. 1694 c .—Act 16. Ass. 1697. XVIII. Deficients in supplying the Highlands, are ap¬ pointed to fulfil their missions, conform to Act of Ass. 1696 d . —Act 7. Ass. 1698. XIX. That twelve ministers be transported from the South to the provinces of Angus and Mearns, Aberdeen, and Mur¬ ray, and parishes thereof mentioned in the act: And direc¬ tions are given to the presbyteries in the said provinces, for the speedy settling of their parishes; and several cautions are given them as to their procedure. Twenty probationers are also ordered to the places of the North expressed in the act; and one hundred merks, out of the King’s gift to the church, a Supra, 11. b Supra, 16. c Instructions, 2, <1 Supra, 12. f Highlands. i 21 is allowed to defray their charges; two hundred merles to these who go to Orkney; and they are ordered to go when sent, or lose their licences: The supplies granted by Act 14. Ass. 1697 % are continued and proportioned: The commis¬ sion of this assembly is impowered to divide themselves into committees: And these committees are authorised to visit the bounds they are appointed to, receive complaints from pres¬ byteries, redress grievances, inflict censures, &c. in conjunc¬ tion wuth the presbyteries .—Act S. Ass. 1698. XX. The synods besouth Tay are appointed to send fifteen ministers to the bounds of the synods in the North, every four months, according to the proportions mentioned in the act; that their presbyteries supply their kirks during their absence ; and that the ministers sent catechise, and do all appointed by former acts of assembly, and report, to their own presbyte¬ ries, testificates, as in act 1697 b . —Act 14. Ass. 1698. XXL Some probationers are appointed to go to the North ; and the excuses of others, referred to the commission .—Act 19. Ass. 1698. XXII. Enacted, 1. That all ministers and probationers who have the Irish language, be sent to Highland parishes, and that none of them be settled in the Low Country, till the Highland places be first provided. 2. That ministers and ruling elders, who have the Irish language, be appointed to visit these parts. 3. That where, in any Highland congrega¬ tion, many understand English, and there used once a-day to be a sermon in English, presbyteries be careful to supply them, sometimes by preaching in English, and that they ca¬ techise them who understand not, by an interpreter, when they cannot get one to preach to them in Irish; and that these, whether ministers or probationers, who have somewhat of the Irish language, but not a facility to preach in it, be sent to these parts for the ends foresaid, that by converse they may learn more of the language, and ability to instruct the people. 4. That English schools be erected in all High- a Supra, 16 . b Supra, 17. Q 122 HIGHLANDS. land parishes, according to former acts of parliament and ge¬ neral assemblies; and ’tis recommended to the commsssion, to address the King and parliament, to take such course for this and other pious uses in the more northern Highland places, as is done in Argyle. 5. Recommended to presbyte¬ ries and universities, to have a spiritual regard to the dispo¬ sal of their bursaries, for educating such, as it is hoped, may be useful to preach the gospel in the Highlands; and that the commission address the Lords of the treasury, and re¬ commend the same to the town council of Edinburgh, and other patrons for this end : and that the presbyteries of Dum¬ barton, Dumblain, Aucherarder, Dunkeld, Inverness, Aber- lour, Tain, Dingwall, Dornock, and Caithness, have bursars who have the Irish language if they can be had, and that universities recommend students having that language, and who are piously disposed, and of sound principles, to any of the above presbyteries.— Act 9. Ass. 1699. XXIII. That any of the twenty probationers sent by the last assembly to the Highlands, who have not obeyed the ap¬ pointment, be sent back again to fulfil the twelvemonths : the settling of any north country probationers in the south is dis¬ charged ; except on the conditions expressed in the Act. And other twenty probationers are ordered north, according to the proportions, and for the time mentioned in the Act. And these who go to Perth, Auchterarder, and Dunkeld, are al¬ lowed Ibid. 15. 128 INSTRUCTIONS. II. The commission granted by Act 18. Ass. 1694 3 « was in~ structed: 1. To determine in all matters remitted to them by the assembly; some of them to go to the North, and the rest to continue in the South; their quorums are fixed, and their first meeting determined by the assembly; but their after meetings left to their own appoinment. 2. 3. 4. 5. 6. They are instructed to receive into ministerial communion, such of the episcopal clergy whom they should find qualified as above, and who should apply personally and orderly, and should ac¬ knowledge, engage, and subscribe upon the end of the confes¬ sion of faith, as follows, viz. ££ I, A. B. do sincerely own and <£ declare the above confession of faith, approven by former ££ general assemblies of this church, and ratified by law, in the t£ year 1690, to be the confession of my faith ; and that I own ££ the doctrine therein contained, to be the true doctrine which ££ I will constantly adhere to: As likewise, That I own and ac- £< knowledge thePrebyterian church government of this church, ££ now settled by law, by kirk-sessions, presbyteries, provincial ££ synods, and general assemblies, to be the only government <£ of the church; and that I will submit thereto, concur there- £C with, and never endeavour, directly or indirectly, the pre¬ judice or subversion thereof; and that I shall observe uni- <£ formity of worship, and of the administration of all public <£ ordinances within this church, as the same are at present <£ performed and allowed h .” And take trial of ministers ac¬ cused of any’scandal, error, supine negligence or insufficiency, and report to the assembly; and determine in the'case of gross uncontroverted scandals, give advice to presbyteries, censure calumniators of ministers. 7. Settle elderships, and plant va¬ cant congregations in the North, and determine in appeals.— Act 11. Ass. 1694. III. Instructions, much of the same nature, are given to the commission of the assembly 1698, by act 13. of that assembly. IV. To the commission of assembly 1699, by act 15, of that assembly. a Commissions of Assemblies, 17, b Formula, 1. INSTRUCTIONS. 129 V. The instructions and advices given to the presbyteries of Caithness, Orkney, and Zetland, at their election, are continu¬ ed ; and referred to the commssion, to add to, or alter the same, as they shall see cause; and otherwise to assist “the said presbyteries in manner mentioned in Act 7. Ass. 1700. VI. To the commission of the assembly 1700, by act 20. ' of that assembly; and they are further instructed, to supply the African and Indian colony with ministers, and to suspend for three months, and thereafter to depose ministers, disobey¬ ing sentences of transportation. VII. The like instructions are given to the commission of the general assembly 1701, by act 16. of that assembly; and renewed in the commission given by Ass. 17 02. VIII. The like instructions are given to the commission of the general assembly, 1703, by act 5. of that assembly. IX. To the commission of the general assembly 1704, by act 20. of that assembly; and further the care of the Highlands and Islands is particularly committed to them; and they are instructed to make an application to the parliament, for a commission for the plantation of kirks, and visitation of schools and colleges. X. XI. The like instructions are given to the commission, of the general assembly 1705, by act 14. of that assembly; only they are discharged to meddle with sentences of synods, excepting causes specially referred to them by the assembly: And the same instructions are renewed in the commission given by Ass. 1706. XII. The like instructions as were given to former assem¬ blies to their commissions are given by Act 13. Ass. 1707. XIII. The like instructions are given by assembly 1708, to their commission; only they are further ordered, to apply to, and correspond with, the Lords of council and session, about the design of erecting.schools in the North, the High¬ lands and Islands, and propagating the knowledge of God and our Lord Jesus Christ, in these and foreign parts of the world, and to write to presbyteries to excite persons to con- R 130 KIRK. tribute towards that design; and that presbyteries report an account of their diligence in that matter to the commission ; and ’tis referred to the commission to use their endeavours for the execution of Acts 5 a . 8 b . and 15°. of Ass. 1707.— Act 9. Ass. 1708. XIV. The like instructions, as formerly, are given by Ass. 1709, to their commission ; only there is added a clause, re¬ quiring the commission to take notice of what misrepresenta¬ tions might be made, either at home or abroad, of the doc¬ trine, worship, or constitution of this church; and that they take all decent and proper methods for the vindication of the church .—Act 10. Ass. 1709. XV. The like instructions, as formerly, are given to the commission, by Act 15. Ass. 1710. XVI. And again, by assembly 1711, an article is added, requiring them to do what is proper, to maintain the rights and privileges of this church; and another, impowering them to use their endeavours to get a school erected in every pa¬ rish, according to law .—Act 9. Ass. 1711. Nota. The like instructions are given as formerly, to the commissions of the general assembly from 1712 to 1720: And for instructions by the assembly to her commissions from 1720, forwards .—See commissions of assemblies. XVII. As a particular instruction, ’tis appointed, That all questions concerning the settlement of parishes, not already depending before this assembly, but that may be brought be¬ fore the commission, in pursuance of a general reference, shall not be decided by them otherwise than by appeal or reference from the synod within which the vacant parishes lie .—Act 7. Ass. 1743. KIRK * *. I. ’Tis declared, That by divine, ecclesiastic, and civil war- Schools, 6. b Papists, 14. * See Visitations Fresbytcrial, 111. c Unity in Worship, Jj. KIRK. 131 rants, this national kirk hath power and liberty to assemble and convene, in her yearly general assemblies, and oftner, pro re nala, as occasion and necessity shall require; and the diet of the next assembly is appointed, and all presbyteries, uni¬ versities, and burghs, are- warranted to send commissioners for keeping the same; and power is given to the presbytery of Edinburgh, pro re nala, and upon any urgent and extraordi¬ nary necessity (if any happen betwixt and the diet of the next assembly) to give advertisement to all the presbyteries, uni¬ versities, and burghs, to send their commissioners for holding an occasional assembly: And if, in the mean time, it shall please his Majesty to indite a general assembly, all presby¬ teries, universities, and burghs, are ordained to send their commissioners for keeping the time and place which shall be appointed by his Majesty’s proclamation.— Act Sess. 26. Dec. 20. Ass. 1638. II. The judicatories of this kirk, viz. kirk-sessions, pres¬ byteries, provincial and general assemblies, arc restored to their full integrity, in their members, privileges, powers and jurisdictions, as they were instituted by the Book of Policy , registrated in the books of assembly 1581, and ordained to be subscribed, 1590, 1591. — Act Sess. 21. Dec. 17. Ass. 1638. III. An overture for putting in execution the act of assem¬ bly at Edinburgh 1588, Sess. 5,. against burial in kirks, is referred to the care of presbyteries by Act Sess. 23, 24. Dec. 17, 18. Ass. 1638. Art. 22. IV. All former acts and constitutions made against burial in kirks, ratified and approven, and all persons, of whatsoever quality, inhibited and discharged to bury any deceased per¬ son within the body of the kirk, where the people meet for the hearing of the word, and the administration of the sacra¬ ments, or to hang pensiles or boards, to affix honours or arms, or to make any such like monuments, to the honour or remembrance of any deceased person, upon walls, or other places within the kirk, where the public worship of God is exercised, as said is.— Act Sess. 6. Aug. 11. Ass. 1643. 132 KIRK. V. That all presbyteries take special care, that tlje present opportunity be diligently improved by all their members, as need is, before the commission of plantation of kirks, for the provision, plantation, convenient dividing, dismembering, bet¬ ter uniting and enlarging of parish kirks, as they would not be censurable for their neglect; and that every presbytery send into the next general assembly the names of all their pa¬ rishes, with declarations which of them have ministers, which not, what is the largeness of their bounds, commodious or incommodious situation of each parish kirk, what is the num¬ ber of communicants, what kirks are under patrons, and what not; who are the several patrons; what is the nature and quantity of the present provision, or possible ground of fur¬ ther provision for competent maintenance, where the same is not sufficiently provided already : As also, what parishes are united, or disunited, or bettered already, and in what measure, by the 6aid commission, that the general assembly being ac¬ quainted therewith, may do accordingly, both for censuring neglecters, and finding out overtures for the better furthering of the work in time to come; and that the next ensuing pro¬ vincial synods crave account of the several presbyteries’ dili¬ gence, and press, that they may have it ready in writing to present to the provincial synods in April 1648, that so all may be in readiness, and full accounts made at the next ge¬ neral assembly.— Sess. 27. Aug. ult. Ass. 1647. VI. The following heads for kirk government for vindi¬ cating the truth against the dangerous tenets of Erastianism and Independency, falsely called liberty of conscience , are un¬ animously approven, and agreed unto, viz. 1. That the mi¬ nistry of the word, and administration of the sacraments of the New Testament, baptism and the Lord’s supper, are standing ordinances instituted by God himself, and to con¬ tinue in the church to the end of the world. 2. That such as administer the word and sacraments, ought to be duly called and ordained thereto. 3, That some ecclesiastical censures are proper and peculiar to be inflicted only upon such as bear KIRK. 133 office in the kirk; other censures are common, and maybe inflicted both on ministers and other members of the kirk. 4. That the censure of suspension from the sacrament of the Lord’s supper, inflicted because of gross ignorance, or be¬ cause of a scandalous life and conversation; as likewise, the censure of excommunication, or casting out of the kirk, fla¬ gitious or contumacious offenders, are both warranted by, and grounded upon the word of God, and are necessary (in re¬ spect of Divine institution) to be in the kirk. 5. That as the rights, power, and authority of the civil magistrate are to be maintained according to the word of God, and the confession of the faith of the reformed kirks; so it is no less true and certain, that the Lord Jesus Christ, the only Head, and only King of the kirk, hath instituted and appointed a kirk go¬ vernment distinct from the civil government or magistracy. 6. That the ecclesiastical government is entrusted and com¬ mitted by Christ to the assemblies of the kirk, made up of ministers of the word, and ruling elders. 7. That the lesser and inferior ecclesiastical assemblies ought to be subordinate and subject unto the greater and superior assemblies. 8. That notwithstanding hereof, the civil magistrate may, and ought to suppress, by corporal and civil punishments, such, as by spreading error or heresy, or by fomenting schism, greatly dishonour God, dangerously hurt religion, and disturb the peace of the kirk ; which heads of doctrine the assembly de¬ clare they firmly believe, own, maintain, and commend unto others, as solid, true, and orthodox, grounded upon the word of God, and consonant to the judgment both of the ancient and best reformed kirks ; and a more particular examination of these one hundred and eleven propoitions is committed and referred to the theological faculties in the four universities O of this kingdom, and the judgment of each of these faculties, concerning the same, appointed to be reported to the next general assembly; and presbyteries are appointed to send their judgment concerning the same to the next assembly; and any others that please to peruse them, are allowed to 134 KIRK-SESSIONS, make known, or send their judgment concerning them to the said assembly.— Act Sess. alt. Sept . 1. Ass. 1617. VII. That the ministers and the people repair to the kirk, half an hour before that time, at which ordinarily the minister now entereth to the public worship; and that the exercise of reading and expounding, together with the ordinary exercise of preaching, be perfected and ended at the time which for¬ merly closed the exercise of public worship.— Act Sess. 14. Feb. 7. Ass. 1645. The act is the opinion of the committee for keeping greater uniformity in this kirk.— Art. 1. VIII. A recommendation to parliament, and commission for plantation of kirks, to dismember such kirks, as were in¬ commodiously united in corrupt times, and adjoin the same (or kirks incommodiously erected by themselves) to other kirks, when the present incumbents agree thereto; providing always the present ministers, who have laboured and endured the heat of the day, may enjoy the benefit of such parcels as shall be taken from them, during their life, is approvCn; and refer¬ red to the commission, to assist any interested in these parti¬ culars, in prosecuting the same before these judicatures.— Sess. lilt. Sept. 1. Ass. 1647. KIRK-SESSIONS. I. An overture. That no minister moderating in his ses¬ sion, usurp a negative voice over the members of his session ; and where there are two or more ministers in one congrega¬ tion, that they have equal power in voicing; that one of them hinder not the reasoning or voicing of any thing, whereunto the other minister or ministers, with a great part of the ses¬ sion, inclineth, being agreeable to the acts and practices of the kirk; and that one of the ministers, without the advice of his colleague, appoint not diets of communion or exami¬ nation, neither hinder his colleague from catechising, and using other religious exercises, as oft as he pleaseih ; is refer¬ red to the care of presbyteries, by Sess. 23, 24. Dec. 17. 18, Ass. 1638. Art. 18. LECTURING. 135 II. That the session books of every parish be presented once a year to the presbyteries, that they may be tried by them .—Act Scss. 22. Aug. 29. Ass. 1639. Art. 4. III. That the old session elect the new one, both in bimdi and land ; and if any place shall vaik, in the session chosen, by death or otherwise, that the present session have the elec¬ tion of the person to fill the vacant room .—Act Sess. 5. Aug, 1. Ass. 1642. u LECTURING *, I. ’Tis recommended to the several presbyteries, that they endeavour that ministers within their respective bounds, shall, in their exercise of lecturing, read and open up to the people, some large and considerable portion of the word of God, to the effect the old custom, introduced and established by the directory, may, by degrees, be revived .—Act 9. Ass. 1694. II. The several ministers of the church are appointed and ordained, to observe the foresaid Act 9. Ass. 1694, anent lec¬ turing: And ’tis recommended to presbyteries, at their privy censures, to enquire how the said act has been observed by the several brethren within their bounds, and that an account of their diligence thcreanent be inserted in their presbytery books, and that synods, at their privy censures, enquire how presbyteries have observed the said recommendation .—Act 5, Ass . 1704. III. That the several presbyteries, at their privy censures and parochial visitations, enquire diligently how ministers ob¬ serve the acts of former assemblies, concerning lecturing and expounding the holy scriptures .—Act 10. Ass. 1706. * Remedies Particular Ecclesiastic of Sins. 136 BETTERS, LETTERS *. I. Letters to and from IrelancJ. I. A letter from the distressed professors in Ireland, after the rebellion, to the general assembly, begging to be supplied with ministers, and an answer thereto, are recorded in Sess. 13. Aug. 6. Ass. 1642. II. Another letter from Ireland, to the same effect, and begging, that ministers fled from them might be declared transportable, that they might lie open to a call from them, is recorded in Sess. 4. Aug. 5. Ass. 1643. III. And in answer to the above, there is a commission granted to some ministers to go to Ireland.— Sess. ult. Aug. 19. of the same Ass. 1643. II. Letters to the African Company's Ministers. Letter from the general assembly to the ministers sent by the commission of the general assembly 1699, to the African and Indian company’s colony in Caledonia, comforting them and strengthening their hands in their work.— Act 16. Ass. 1700, III. Letters to and from Commissioners at London . I. A letter from the general assembly to the commissioners from Scotland at London, entreating them to use all lawful means, arguments, and occasions, to advance unity in re¬ ligion, and uniformity in church government, betwixt the kingdoms.— Sess. 11. Aug. 5. Ass. 1642. II. Letter from the commissioners at ^London to the gene¬ ral assembly, giving them an account of their diligence, and of the advancement of the work of reformation in England ; * See Probationers, 1G. Presbyteries, G. LETTERS. 137 particularly, that the solemn league was taken there, and pre¬ lacy abolished; and begging the help of their prayers; and the assembly’s answer thereto, sent to them with their com¬ mission, are recorded in Sess. 7. June , 4. Ass. 1644. III. Another letter from these commissioners to the general assembly, giving a farther account of their proceedings; and desiring, that the directory for worship, then concluded in both houses of parliament in England, and sent down to Scot¬ land, might be returned with all expedition, that it might be published there, and put in practice; that any differences among particular brethren about the same, might be laid aside, and that the assembly might appoint a commission, to whom they might have recourse for advice, is recorded in Sess. 2. Jan. 2'3. Ass. 1645 : And the assembly’s answer there¬ to ; shewing their joy for the advances made in the uniformity of religion, encouraging them to continue in their work, and referring particulars to the brethren returning to them, is re¬ corded Sess. ult. of the same assembly. IV. Letter to Countrymen Abroad. Letter from the general assembly to the Scotch ministers in Poland, Sweden, Denmark, and Hungary; beseeching and warning them to seek after the knowledge of Christ; and for help therein to pray, that God would give them pastors ac¬ cording to his heart; and to consult and agree amongst them¬ selves, with consent of the superiors under whom they live, for setting up the worship of God, and ecclesiastical discipline a- mong them, according to the form established and received in their mother kirk, and for a way of settled maintenance of pastors and teachers; promising, that the commissioners of assembly will, upon their desire, provide some able and godly ministers for them; and likewise, communicating to them the directory for the public worship of God, the form of ecclesi¬ astical government and discipline, with the confession of faith and catechisms of this church; and in the meantime, exhort* S 138 LETTERS. ing them to private and secret prayer; to stedfastness in that faith in which they were baptised; to a suitable conversation ; and to a sense of their country’s sufferings; is recorded in Sess. ult. Sept. 1. Ass. 1647. V. • Letters to and from Divines and their Assembly in England . I. A letter from some ministers in England, craving the assembly’s advice, respecting the form of church government that should be set up in place of episcopacy then to be abol¬ ished : And the assembly’s answer thereto, recommending to them unity in doctrine, discipline, and government with the kirks of Scotland. — Sess. 18. Aug. 9. Ass. 1641. II. Letter from some ministers in England, to the general assembly, shewing their desire, that Prebyterian church go¬ vernment should be established amongst them; that there should be an uniformity in doctrine, discipline, and govern¬ ment betwixt the nations ; one confession of faith, one direc¬ tory of worship, one public catechism and form of govern¬ ment ; and craving the assembly’s advice, respecting the means of advancing that work, and their assistance therein; and the assembly’s answer to that letter, shewing their ear¬ nestness with God, and the endeavours used by them, both with his Majesty and the parliament of England, for the fore- said uniformity ; and entreating, that that work may be pro¬ secuted with diligence by the joint labours of some divines in both kingdoms, who may prepare the same for the view of a more frequent and ecclesiastical meeting of the best affected to reformation in England, and of the commissioners of the general assembly in Scotland; that in the end, it might be approven by the general assembly here, and of all the kirks therein the best way that may be; and at last, of the national assembly, when met there: And shewing them, that the as¬ semblies at Edinburgh shall, in their name, receive and re- LETTERS. 139 turn answers, for promoting so great a work.— Sess. 11 . Aug. 5. Ass. 1642. III. Another letter from some ministers in England to as¬ sembly 1643, craving the help of their prayers in their present public danger from a popish and prelatical party, and their advice in what remains to be done further by them, for mak¬ ing their own and their kingdom’s peace with God, and what may be the happiest course for uniting the protestant party a- mong them more firmly against Antichrist.— Sess. 8. Aug. 1 0. Ass. 1643: And the assembly’s answer to the letter of these ministers, comforting them in their sad calamities, and en¬ couraging them to go on in the Lord’s work, and to enter with this kirk into a perpetual covenant with the Lord, for themselves and their posterity.— Sess. ult. Aug. 19. Ass. 1643. IV. Letter from the assembly of divines in England to the general assembly 1643, thanking them for their zealous assis¬ tance and concurrence in furthering the work of reformation.— Sess. 14. Aug. 17. Ass. 1643 : And the assembly’s answer to that letter of the assembly of divines in England, shewing their affection to them, and sympathy with them in the work of the Lord, and that they had approven of the draught of the solemn league and covenant betwixt the kingdoms, and had commissioned some brethren to treat with them of the com¬ mon affairs of religion and safety.— Sess. ult. Aug. 19, Ass. 1643. V. Letter from the presbytery with the army in England, to general assembly 1644, giving them an account of the state of their affairs, and entreating them to stir up the people to prayer and humiliation, that God would preserve peace and truth at home, and make the people of England fit to embrace the intended reformation. Sess. 2. May ult. Ass. 1644. And the assembly’s answer thereto, shewing that they had set down an order to be kept thereafter, in sending ministers to the army, which they had sent with their answers. — Sess. 6. June 3. Ass. 1644. VI. Letter from the synod of divines in the kirk of Eng- 140 LETTERS. land, to the general assembly 1644, to the same purpose with the letter from the commissioners at London a .— Sess. 7. June 4. Ass. 1644 ; and the assembly’s answer thereto. Ibid. VII. Letter from the synod of divines in the kirk of Eng¬ land, to the general assembly, giving an account of the ad¬ vance made in the work of reformation there, and the method of their procedure therein ; and transmitting the directory for worship.-- Sess. 2. Jan. 23. Ass. 1645: And the assembly’s answer thereto, shewing their having approved the directory for wor¬ ship, and the propositions for kirk government, and ordina¬ tion of ministers; and renewing their commission to their com¬ missioners at London.— Sess. ult. Feb. 13. Ass. 1645. VIII. Letter from the general assembly to the divines of the kirk of England assembled at Westminster, exhorting them to continue their diligence in advancing unity in religion, and suppressing the growth of sects and sectaries.— Se?s. id(, June 18. Ass. 1746. IX. A letter from the synod of divines in England, to the general assembly, regretting the hindrances the work of re¬ formation had met with in both kingdoms; and commend¬ ing the zeal, constancy, and orthodoxy of the church of Scot¬ land.— Sess. 1 July 12. Ass. 1648 : And the assembly’s an¬ swer to the foresaid letter, shewing the church of Scotland’s firmness to their principles and solemn league ; and particu¬ larly, giving a testimony against the then unlawful engage¬ ment in war; blessing God for their unity and soundness in the faith ; and entreating them to give a public testimony for Christ, both against sectaries and malignants, and seasonably to warn the houses of parliament, to promote the work of re¬ formation and uniformity according to the covenant, and gravely to warn their dissenting brethren, what a door they open to sectarianism, by their tenet of independency; and they persuade themselves that the wcll-aficcted in England will agree or hearken to no motion of any such treaty of a Supra, lit. C. LETTERS. 141 peace, as leaves out the best security of religion, and the cause of God, and the solemn league and covenant.— Sess. 24. Aug. 2. Ass. 1648. VI. Letter to the kirks in Holland. A letter from the general assembly to the kirks in the Ne¬ therlands (written in Latin) thanking them for the assistance given to the work of reformation in this kingdom, and for the supply sent to the distressed Christians in the North of Ire¬ land ; entreating them, in their name, to thank the states and the people for their bounty in that respect; and thanking the kirks there for the vvarning given to the reformed churches, of their danger from impostors that had arisen, falsely assuming the name of Jesus, and other servants of Antichrist; is re-* corded in— Sess. 7. June 4. Ass. 1644,^ VlL 8 Letters from our sovereigns to the Assemblies, and the Assemblies Answers. I. Letter from King Charles I. to the general assembly; wherein he promises to ratify in parliament the constitutions of the assembly 1639, is recorded in Sess. 1. July 20; and the assembly’s answer thereto, in Sess. 18. Aug. 9. Ass. 1641. II. Another letter from King Charles I. to the assembly, in Sess. 1 July 27. Ass. 1642. III. Another letter from him to general assembly 1643, in Sess. 1. Aug. 2. And the assembly’s answer thereto, giving his Majesty a short hint of their proceedings in the public affairs of religion, in Sess. ult. Aug. 19. of that assembly. IV. Another from his Majesty to the general assembly, declaring his real resolutions to comply with the desires of his parliaments in both kingdoms, and those entrusted by them, for the settling of truth and peace in all his dominions; and to maintain religion there, as established in doctrine, worship, and church government; to endeavour the settling of peace 142 LETTERS. in Scotland; and the reformation of religion and peace in England and Ireland, recorded in Sess. 2. June 4, 1646: And the assembly’s answer thereto, in Sess. ult. June 18. Ass. 1646. V. A letter from the assembly to king Charles II. declaring their duty and loyalty to his Majesty; and that they did, from their hearts, abominate and detest that horrid act of the sectaries against the life of his royal father; and that it was the unfeigned and earnest desire of their souls, that the ancient monarchical government of these kingdoms might be established and flourish in his Majesty’s person and family; and that there is nothing, under the glory of God and cause of the Lord Jesus Christ, for which they did more heartily solicit the throne of Grace, or for which they would more readily expose to hazard all that is dear to them in the world, than for this: They warn him of the evil of the ways and courses he is led into by evil counsels: particularly his cleav¬ ing to, and entertaining such men as his trustiest counsellors, who have not the glory of God, nor good of his people before their eyes; but seek their own interests only, to the hazard and utter subversion of his throne, the ruin of his royal fa¬ mily, and the desolation of his kingdoms; his settling a late peace with the Irish Papists, contrary to the laws of God and of the kingdoms ; and of the danger of these ways : They ex¬ hort him to repentance, and that he would sincerely and cor¬ dially contribute his royal allowance and authority, for esta¬ blishing in all his dominions the reformation of religion in doctrine, worship, and government, and would conform his own practice and the worship of God in his royal family, to that gospel simplicity and purity, which is held forth in the word of God and directory for worship ; and would grant not only his royal approbation of the covenants, but that also himself would join with his people therein, and cause all of them stand to it by his royal-command; is recorded in Sess. ult. Aug. 6. Ass. 1649. VI. Letter from his Majesty King William to the general LETTERS. I4S assembly, shewing the motives of his countenancing that as¬ sembly; anti recommending to them calmness and unanimity in their proceedings; and the assembly’s answer thereto, thankfully acknowledging the goodness of God, and his Ma¬ jesty’s kindness as an instrument, in relieving the church and kingdom from its late confusions, and re-establishing the same, and countenancing that assembly ; and shewing their resolu¬ tions to a calm and peaceable procedure; and professing their duty and loyalty to their Majesties; are recorded in Acts 2. and 3. Ass. 1690. VII. The assembly’s letter to his Majesty at the closing of the same assembly, giving him an account of their proceed¬ ings, is recorded in Act 14. Ass. 1690. VIII. A letter from the general assembly to King Wil¬ liam, acknowledging his Majesty’s kindness to this church; professing their loyalty to their Majesties, declaring their re¬ solutions faithfully to endeavour, amidst all their difficulties and discouragements, the healing, composure, and peace of this church, the furthering of their Majesties’ service in their station, as the Lord should enable them.— Act 3. Ass. 1694. IX. Another letter from the general assembly to King William, blessing God for his Majesty’s government, and the preservation of his person ; thanking him for his royal fa¬ vours to the church ; entreating the continuance thereof, and that he would command the vigorous execution of the laws against ungodliness afid unrighteousness: They profess their loyalty, and pray for his prosperity.— Act 24. Ass. 1696. X. Another letter from King William to the assembly, re¬ commending dispatch and moderation, the restraining of vice, planting of vacant churches, and giving assurance of his re¬ solution to maintain Presbyterian government; and the as¬ sembly’s answer thereto; promising the prosecution of what is therein recommended, and begging the rigorous execution of the laws against profanity; are recorded in Act 4. Ass. 1697. 1 XI. Another letter from the King to the assembly, to the LETTERS. 144 samc effect with the former; and, further, recommending the assumption of the episcopal ministers, whose lives and doc¬ trine render them useful to the church ; and the assembly’s answer thereto, are recorded in Acts 2, 3. Ass. 1698. XII. Another letter from the King, and the assembly’s an¬ swer thereto, are in Acts 2, 3. Ass. 1699. XIII. Another from the King, to the same effect with the former, and the assembly’s answer, arc recorded in Acts 2, 3. Ass. 1700. XIV. Another from his Majesty, Act 2. to the same ef¬ fect ; and the assembly’s answer, acknowledging, as a signal proof of his Majesty’s tender care and concern for this church, his giving the royal assent, in the last session of parliament, to the acts therein made, for ratifying, and further confirm¬ ing the confession of faith, and the present established pres- byterian government of this church, for the more effectual preventing of the growth of Popery, and suppressing profane- ness and immorality; and shewing, that the last assembly had sent a commission to the islands of Orkney and Zetland, for planting churches and advancing the knowledge of God a- mong the people, who had in a good measure executed the same.— Act 3. Ass. 1701. XV. Another from the King, Act 2.; and the assembly’s answer, of the same contents with the former; only the as¬ sembly take notice of the account they had of his Majesty's indisposition; and pray for his preservation.— Act 6. Ass. 1702. XVI. A letter from her Majesty Queen Anne, to the same effect with King William’s; and containing also an assurance of protecting the presbyterian government; and the assembly’s answer thereto, congratulating her Majesty’s accession to the throne, are recorded in Acts 2, 3. Ass. 1703. XVII. Another letter from her Majesty in Act 2.; and the assembly’s answer thereto ; thanking her Majesty for giv¬ ing her royal assent, in the last session of parliament 1703, to the act for ratifying the Protestant religion, and presbyterian LETTERS. 145 government of this church; and for her late gracious and seasonable letter to her council, ordering the redress of griev¬ ances. — Act 3. Ass. 1704. XVIII. Another from the Queen, Act 2.; and the assem¬ bly’s answer thereto, of the same purpose with the former.— Act 3. Ass. 1705. XIX. Another from her Majesty, with the assembly’s re¬ turn thereto, are recorded in Act 2, 3. Ass. 1706. XX. Queen Anne's letter to the assembly; and the assem¬ bly’s return thereto, of the same strain with former letters, are in Acts 2, 3. Ass. 1707. XXI. Another letter from the Queen to the assembly, ac¬ knowledging her satisfaction with the’zeal 1 and affection that the ministers of this church, shewed to her person and govern¬ ment, upon the appearance of an invasion by her enemies; and the assembly’s answer thereto .—Acts 2, 3. Ass. 1708. XXII. XXIII. XXIV. XXV. XXVI. XXVII. The Queen’s letters to assemblies 1709, 1710, 1711, 1712, 1713, 1714; and the assembly’s answers thereto, are all recorded in Acts 2, 3. of these assemblies. XXVIII. King George I.’sjetter to the assembly, where¬ in he promises to maintain the presbyterian church of Scot¬ land, her rights and privileges, as he had engaged to do upon his accession to the crown a , and to protect her from any illegal insults and encroachments being made upon her, of what kind soever; is recorded in Act 2.; and the assembly’s answer thereto; wherein they thank God for his peaceable accesson to the throne; they declare their full acquiescence in the above mentioned solemn engagement which his Ma¬ jesty has come under, and their firm resolution to testify, by all proper methods, their zeal for, and affection to his Ma¬ jesty, and the protestant succession in his royal family, is re¬ corded in Act 3. Ass. 1715. XXIX. The king’s letter to the assembly; wherein he a Oaths, 6. T 146 LETTERS. thanks them for their steady loyalty during the late rebellion ; and assures them again of his unalterable resolution to main- tain the church of Scotland, in the full enjoyment of all her just rights and privileges, Act 2 ; and the assembly’s dutiful return thereto.— Act 3. Ass. 1716. XXX. The King’s letter to the assembly; wherein he de¬ clares his satisfaction with the constant zeal and affection of the church of Scotland to his person and government, which neither the force and violence of his open enemies nor the art¬ ful contrivances of factions and ill-designing men, have been able to alter; and he assures them of his firm resolution to promote the interest, and inviolably to maintain the rights and privileges of the Presbyterian church of Scotland, Act 2; and the assembly’s dutiful answer in Act 3. Ass. 1717. XXXI. —XXXVII. The King’s letters to the assembly from 1718 to 1724* inclusive; and the assembly’s answers, are re¬ corded in Acts 2. and 3. of these assemblies. XXXVIII. The King in his letter to the assembly, inti¬ mates that the commissioner had instructions to signify steps taken to put some stop to the spreading of ignorance and pro¬ faneness, and the trafficking of Popish priests, emissaries in the Highlands and Islands of Scotland; and the assembly re¬ turn their dutiful thanks for the bounty of L. 1000 for the en¬ couragement of preachers, where ignorance abounds.— Acts 2. 3. Ass. 1725. XXXIX. XL. The King’s letters, and the assembly’s answer are contained in Acts 2. 3. Ass. 1726. 1727. XLI. King George II.’s first letter to the assembly; de¬ claring his purpose of maintaining and supporting the Pres¬ byterian church of Scotland in the full enjoyment of her rights and privileges, as by law established, and the assembly’s ans¬ wer, are in Acts 2. 3. Ass. 1728. XLII.—LVI. The King’s letters, and the assemblies ans¬ wers are recorded in Acts 2. 3. of assemblies, from the year 1729. to 1743. LVII. The King’s letter; and the assembly’s answer humbly LETTERS. 147 thanking his Majesty for the countenance he gave to the last assembly’s scheme for provision to the widows and orphans of ministers in Scotland.— Acts 2. 3. Ass. 1744. LVIII. The King’s letter, and the assembly’s answer are recorded in Acts 2. 3. Ass. 1745. LIX. His Majesty’s letter to the assembly, containing his thanks for their zeal and attachment during the rebellion, and trusting that they will continue to give proofs of their loyalty and affection, by exciting the people under their charge to a due sense of the blessings they enjoy under his government, and to a just abhorrence of the pernicious designs of those who have endeavoured to overturn our religion, and our constitu¬ tion, and to introduce Popery and arbitrary power; and the assembly returns a dutiful answer.— Acts 2. 3. Ass. 1746. LX.—LXXIII. The King’s letters, and assembly’s ans¬ wers are contained, in Acts 2. 3. of assemblies from the year 1747 to 1760. LXXIV. King George III.’s first letter to the assembly; wherein he promises to maintain and support the Presbyte¬ rian church of Scotland, in all her rights and privileges, and protect her from all insult and incroachment; and the as¬ sembly returns an affectionate and dutiful answer.— Acts 2. 3. Ass. 1761. LXXV.—CX. The King’s letters, and assembly’s answers in Acts 2. 3. Ass. 1762.—1797. CXI. The King’s letter recommends to the assembly to persevere in their attention to the advancement of religion, the preservation of sound doctrine, and the checking of loose notions both in faith and morality, which disgrace the times, and which unless timely counteracted, must destroy all good principles in the hearts of men, dissolve the bands of society, and provoke the displeasure of God : The assembly returns a dutiful answer.— Acts 2. 3. Ass. 1798. CXII.— CXXII. TheKing’s letters, and theassembly’s answers, are contained in Acts 2. 3. Ass. 1799—1810. 148 LETTERS. CXXIII.—CXXXIII. The Prince Regent’s letters, and the assembly’s answers, are contained in Acts 2, 3. Ass. 1811 —1819. CXXXIV. A letter from his Majesty George IV. declar¬ ing his satisfaction at having an opportunity of addressing the assembly for the first time since his accession to the throne, expressing his sincere reliance on their loyalty and attachment to his person and government, exemplified, even in a vicarious character, alluding generally to the Recent oc¬ currences of the country, and recommending to the clergy of Scotland to inculcate on their flocks, at once a respect for the laws of God, and the temporal institutions of man.— Act 2. The assembly answered, that they would, to the utmost of their power, endeavour to inculcate on their flocks, a due subordination to all in authority; that they would repel every inroad of irreligion and infidelity; that they deplored the fatal effects of these unhappy tenets, recently so fearfully exempli¬ fied ; and that, in all respects, they would endeavour to prove themselves loyal and dutiful subjects; concluding with an earnest prayer for the blessing of heaven on the King’s per¬ son and government.— Act 3. Ass. 1820. VIII. Letter to the Duke of Cumberland. The Assembly, in a letter, present their humble and thank¬ ful acknowledgements to his Royal Highness the Duke of Cumberland for his generous resolution in coming to be, un¬ der Providence, the deliverer of the church and nation of Scotland from the miseries of the late unnatural rebellion.— Act 6. Ass.. 174,6. The.Duke returned the assembly a suitable answer. IX.‘ Letter to the Parliament of England. A letter from the general assembly to the parliament of England, blessing God for the progress they had made in set- LIBRARIES. 149 ling uniformity in religion; and entreating them to establish all the ordinances of Jesus Christ in the full integrity and power thereof, according to the solemn league and covenant, professing their desire to hold fast the bonds of that covenant as sacred and inviolable, and promising to themselves the same from that parliament, is recorded in Sess. u\t. June 18. Ass. 1646. X. Letter to the City of London . A letter from the assembly, to the mayor, aldermen, and common council of the city of London, commending their zeal for the common cause of religion, and encouraging them to stedfastness therein.— Sess . ult. June 18. Ass. 1646. LIBRARIES*. I. The assembly declares their approbation of the design and project set on foot, by some piously inclined persons, in this and the neighbouring nation of England, for erecting li¬ braries in the Highlands of this kingdom, in which good ad¬ vances have been made; and appoints a letter of thanks to be written to the society in England, for propagating Christian knowledge, and to others who have given their concurrence and assistance in this matter; and impowers their commission to apply to the Lords of his Majesty’s privy council, or treas¬ ury, for their assistance, in order to bring down the said books from England, and transmit the same to the places underwrit¬ ten, at which they are to be fixed in this kingdom; to give their best advice and assistance for making this project effectual; and to use their endeavours for getting a new impression of the bible in Irish; and renews the recommendation contained in Act 16. Ass. 1699 a , to the synod of Argyle, for translating the confession of faith, and, larger catechism in the Irish lan¬ guage, with a vocabulary of the most necessary and usual terms in divinity. And likewise renews the 20 Act of Ass. * See Highlands, 24 § 3. 4. 5. 4 Highlands, 24. 150 LIBRARIES. 1694 b , concerning the use of the Irish psalms and shorter catechism .—Act 17. Ass. 1704. II. Act dividing the whole libraries for the Highlands, both presbyterial and parochial, as follows, viz. The presbyterial libraries (whereof there are nineteen in all) thus, To the pres¬ bytery of Zetland one, Orkney one, Caithness one, Sutherland one, Ross three, Inverness one, Aberlour one, Abernethy one, Strathbogie and Fordice one, Dunkeld one, Argyle five, Dun¬ barton one; the odd presbytery library is bestowed on the sy¬ nod of Argyle, with a special respect to the remote and large Islands, such as Lewis, and that in place of the distribution made by the former Act 17. Ass. 1704. The parochial libra¬ ries, being in number fifty-eight, are distributed as follows, * viz. To Zetland two, Orkney three, Caithness two, Sutherland two, Ross four, Inverness three, Aberlour two, Abernethy one, Alford one, Kincardine two, in the bounds of the synod of Angus and Mearns three, in the presbytery of Dunkeld four, Auchterarder two, Dumblain two, Dunbarton two, and for the bounds of the synod of Argyle twenty-three; and these parochial libraries are appointed to be fixed at such places, as the repective synods and presbyteries find most convenient; and a committee is appointed for managing the said libraries in the manner mentioned in the act; and for digesting in or¬ der some presses of books not methodised and sorted (which are besides the 77 libraries) and distributing them to such places as have most need, with a special regard to the remote Isles .—Act 12. Ass. 1705. III. There are several instructions given to the commission, and particularly, to require an account from the committe of assembly 1705, for managing the said libraries, how they have distributed the same, and from the agent, how he has obeyed, the orders of that committee, anent sending the libraries and Irish Bibles to the respective places appointed for them, and to call for an account from the respective presbyteries, of the receipt of their proportions of these bibles and libraries, and b Psalms, 4, LIBRARIES. 151 liovv they have disposed of them, according tp the order of assembly 1705, and their committee; and presbyteries are ap¬ pointed to send these accouuts to the commission or committee to be appointed by them for this affair; and that these ac¬ counts be sent in writing, subscribed by the moderator and clerk of the presbytery; and the commission is ordained to take care, that these accounts be recorded in a particular re¬ gister for that purpose; and ’tis recommended to the commis¬ sion, or their committee, to distribute eleven boxes lately come down from England, and any libraries or books that shall be sent down betwixt and the next assembly, to such places of this church and nation as have most need, and may best answer the design of the donors; and that commission is also instructed, to inquire into the state of the Highlands and Islands, how they are planted with ministers, and of the re¬ maining paganish customs among them, and of the increase of Popery, and how they are provided with schools; what places most need help in these matters, and what encourage¬ ment these may expect, who incline to enter into a society for erecting and maintaining charity schools, for educating poor and indigent children; and all synods and presbyteries con¬ cerned in the Highlands and Islands, to send their accounts thereof to the commission, who are to prepare overtures there- anent .—Act 18. Ass. 1706. IV. ’Tis recommended to such presbyteries as had not re¬ ceived any of the books sent from England, for making up public libraries, to contribute amongst themselves, in order to lay a foundation for a liberary in each presbytery scat; and also to endeavour to procure collections in their several pa¬ rishes, less or more, for that end; and ’tis referred to the commission, to forward the above recommendation; and presbyteries who have got a share of these libraries, are de¬ sired to send accounts to the commission of their receipt of them, where they are fixed, how they have observed the rules sent with them, and what improvements they are making of them, and other things relating to these libraries enjoined on 152 lord’s day. them by acts of former assemblies, and their commissions.— Act 11. Ass. 1709, LORD’S DAY *. I. An overture for preventing the profanation of the Lord’s day, occasioned by the holding of markets within burghs on Mondays and Saturdays, by recommending to the burghs, to take care for restraining this abuse, and to find out some way for repressing this evil, and changing the day, is referred to the consideration of burghs, by Sess. 23, 24. Dec. 17» 18. Ass. 1638. Art. 14. II. For preventing the profanation of the Sabbath in land¬ ward, especially for want of divine sermon in the afternoon, the act of assembly held at Dundee, July 12, 1580. Sess. 10, for keeping both diets, is ordered to be put in execution.— Act Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art. 15. III. The execution of the old acts of assemblies against the breaking of the Sabbath-day, by the going of mills, salt-pans, salmon fishing, or such like labour, is recommended to the several presbyteries. And the act of assembly held at Holy- roodhouse, 1602, Sess. 5. discharging all such labour of fish¬ ing, as well white fish as salmon, and going of mills of all sorts upon the Lord’s day, under the pain of incurring the cen¬ sures of the kirk; and ordaining the commissioners of that as¬ sembly to mean the same to his Majesty, and to desire, that a pecunial pain might be enjoined upon the contraveners of the said act; is revived and renewed, and the tenor thereof sub¬ joined.— Sess. 23. 24. Dec. 17. 18. Ass. 1638, and Act Sess. 21. Aug. 29. Ass. 1639. IV. All acts made against salmon-fishing, or any other la¬ bour on the Lord’s day, declared not only to be against ser¬ vants who actually work, but also against masters, whose hired servants they are.— Act Sess. 11. Aug. 14. Ass. 1643. V. All skippers and sailors discharged and inhibited to begin any voyage on the Lord’s day, or to loose any ships, * See Papists, G. lord’s day. 153 harks, or boats out of harbours or roads, upon that day, and who shall do in the contrary thereof, shall be censured as pro- faners of the Sabbath; and ’tis recommended to presbyteries and others whom it may concern, to see that both the acts of assembly and parliament made for censuring and punishing profanation of the Lord’s day, be put in execution against them .—Act Sess. alt. June 18. Ass. 1646. VI. ’Tis recommended to kirk-sessions and presbyteries, carefully to put in execution the acts of former general assem¬ blies against the profanation of the Lord’s day; and particu¬ larly by unnecessary sailing and travelling .—Act 7. Ass. 1690. §4. VII. Application appointed to be made to the parliament, for altering all markets in royal burghs and other places, on Saturdays and Mondays .—Act 7. Ass. 1690. $ 5. VIII. All the brethren of the ministry, and other officers of the church are, in the fear of God earnestly exhorted to contribute their utmost endeavours, in their stations, for sup¬ pressing the gross profanation of the Lord’s day, by idle va- guing, unnecessary travelling, and otherwise, by a vigorous and impartial, yet prudent exercise of the discipline of the church, and by holding hand to the execution of the laud¬ able laws of the nation, against the guilty, in such way and manner as is allowed and required by law; and ’tis recom¬ mended to the commission to address the Lords of privy- council, to give such orders, and to take such courses for re¬ straining these abuses, as they in their wisdom shall judge most effectual .—Act 9. Ass. 1705. IX. Each presbytery within this church is appointed to no¬ minate two or three of their number, to attend the lords com¬ missioners of justiciary, at their first circuit that falls to be in their bounds, and represent to them the profanation qf the Lord’s day, by travelling thereupon, carrying goods, driving cattle, and other abuses : And the assembly seriously recom¬ mends to the said lords, to take such effectual courses, as in their wisdom they shall think fit, to restrain and punish the U lord’s supper. 154 foresaid abuses, which will be a singular service done to God and his church; and all ministers are enjoined, from their pulpits, to advise their people, among whom such practices are, of the great hazard their immortal souls are in by such courses; and that, if they continue therein, there will be a necessity to represent to the lords justices, all transgressors of the laws made against profaning the Sabbath, and to warn them to abstain therefrom in time coming; and all ministers and church judicatures are enjoined to take care, that former acts of assembly made against breach of the Lord’s day, may be observed, and not only to proceed with ecclesiastical cen¬ sures, but apply to the justices of the peace in their bounds, and other magistrates, to put in execution the good laws al¬ ready made against the breach of the Sabbath, and other im¬ moralities .—Act 12. Ass. 1708. LORD’S SUPPER *. I. An overture for renewing Act 25. Dec. 1562. Sess. 5. • touching the more frequent administration of the Lord’s sup¬ per, both in cities and landward; and that some course be taken for furnishing the elements, where the minister of the parish hath allowance only for once a-year, is referred to the consideration of presbyteries; and ’tis declared, that the charges be rather paid out of that day’s collection, than that the congregation want the more frequent use of the sacra¬ ment.— Sess. 23. 24. Dec. 17. IS. Ass. 1638. Art. 12. II, ’Tis ordained, 1. That in the administration of the Lord’s supper, congregations be still tried and examined be- ^ fore the communion, according to the by-gone practice of the kirk. 2. That there be no reading in time of communi¬ cating ; but the minister making a short exhortation at every table, that thereafter there be silence during the time of the communicants receiving, excepting only when the minister * See Erils of the Kirk, 2. Scandals, 6. Profaneness, 2. 5 . § 5. Unity in Religion, 7, lord’s supper. 155 expresseth some few short sentences, suitable to the present condition of the communicants in the receiving, that they may be incited and quickened in their meditations in the action. 3. That distribution of the elements among the communicants may be universally used; and for that effect, that the bread be so prepared, that the communicants may divide it amongst themselves, after the minister hath broken and delivered it to the nearest- 4. That while the tables are dissolving and fill¬ ing, there be always singing of some portion of a psalm, ac¬ cording to the custom. 5. That the communicants, both before their going to, and after coming from the table, shall only join themselves to the present public exercise then in hand. 6. That when the communion is to be celebrated in a parish, one minister may be employed for assisting the minis¬ ter of the parish, or at the most two. 7. That there be one sermon of preparation delivered in the ordinary place of pub¬ lic worship, upon the day immediately preceding. 8. That before the serving of the tables, there be only one sermon de¬ livered to those who are to communicate, and that in the kirk where the service is to be performed; and that in the same kirk, there be one sermon of thanksgiving after the commu¬ nion is ended. 9. When the parishoners are so numerous, that their parish kirk cannot contain them, so that there is a necessity to keep out such of the parish as cannot conveni¬ ently have place, that in that case, the brother who assists the minister of the parish, may be ready, if need be, to give a word of exhortation, in some convenient place appointed for the purpose, to those of the parish who that day are not to communicate, which must not be begun until the sermon de¬ livered in the kirk be concluded. 10. That of these who are present in the kirk where the communion is celebrated, none be permitted to go forth while the whole tables be served, and the blessing pronounced, unless it be for more commodious order, and other cases of necessity. 11. That the minister who cometh to assist, have a special care to provide his own parish, lest otherwise while he is about to minister comfort to 1.56 lord’s supper. others, his own flock be left destitute of preaching. 12. That none coming from another parish shall be admitted to the communion without a testimonial from their own minister; and no minister shall refuse a testimonial to any of his parish who communicate ordinarily at their own parish kirk, and are without scandal in their life for the time; but this is no ways to prejudge any honest person who occasionally is in the place where the communion is celebrated, or such as by the death or absence of their own minister, could not have a testimonial.— Act Sess. 14. j Feb. 7. Ass. 1645. Art. 3. III. The administration of the Lord’s supper to sick per¬ sons in their houses, and all other use of the same, except in the public assemblies of the church ; and also the administra¬ tion of baptism in private, that is, in any place, or at any time when the congregation is not orderly called together, to wait on the dispensing of the word, are discharged : And the said act is appointed carefully to be observed, when and wherever the Lord giveth his people peace, liberty, and op¬ portunity for their public assemblies. And ’tis appointed to be publicly intimated in all the churches.— Act 10. Ass. 1690. IV. ’Tis recommended to presbyteries to take care, that the sacrament of the Lord’s supper be more frequently admi¬ nistered within their bounds, and that the number of minis¬ ters to serve thereat be restricted, so that neighbouring churches be not thereby cast desolate on the Lord’s day.— Act 19. Ass. 1701. V. ’Tis recommended to the several ministers within this national church, to take as strict a trial as can be of such as they admit to the Lord’s supper, especially, before their first admission thereto; and that they diligently instruct them, . particularly as to the coven ant of grace, and the nature and end of that ordinance, as a seal thereof; and charge upon their consciences the obligations they lie under from their baptismal covenant, and seriously exhort them to renew the same.— Act 11. Ass. 1706. VI. ’Tis recommended to presbyteries to do what they can lord’s supper. 157 to get it so prtjtarejd, that the sacrament of the Lord’s supper be duly observed in their bounds through the several months in the year.— Act 6. Ass. 1711. \ 7 IL All presbyteries are enjoined to enquire, if the acts appointing the frequent celebration of the Lord’s supper be duly observed by all the brethren, and in case any minister neglect to celebrate the sacrament of the Lord’s supper in his parish for a whole year, the presbytery is to call for an ac¬ count of the reasons of bis omission, and tq approve or dis¬ approve of the same as they shall see cause, apd to record their diligence in this matter; and synods are enjoined at their several meetings to enquire at presbyteries wbat care they have taken to execute the said acts, and other recom¬ mendations of assemblies in this behalf, and to record their diligence in their books.— Act 11. Ass. 1712. VIII. Act 6. Ass. 1711 a . revived and renewed. And presbyteries and kirk sessions a re enjoined to endeavour to reform disorders that sometimes take place at the celebration of the Lord’s supper: And for this end presbyteries are to take care that neighbouring congregations be supplied with sermon op the Lord’s day upon which the sacrament is to be dispensed in a place; and that ministers on the preparation day, give public warning, that such as are guilty of disorder, shall be censured according to the degree of the offence; and presbyteries are appointed, at their privy censures, to enquire at the several members respecting the observation of the fore- said acts, and to record their diligence in this matter: And synods are enjoined to see the punctual observation of these acts; and particularly, at their privy censures, to call their < respective presbyteries to answer with regard to their observ¬ ance of what is here enjoined ; and to record their diligence in their books.— Act 6. Ass. 1724. IX. ’Tis enjoined, That the Act of the 7 Feb. 1645 b . be strictly observed ; and ’tis left to the several judicatories of the * Supra, 6. 1 Supra, 2. 158 MARRIAGE. church to give directions in cases of this nature as they occur. —Act 8 .Ass, 1727. X. Act 11. Ass. 1712 a , is renewed; and ’tis appointed, That every presbytery at their privy censures before the win¬ ter synod, enquire at each of their brethren, whether they have administered the sacrament of the Lord’s supper, once at least, the preceding year, and in case any of them have not done it, their excuses, and what the presbytery has done in approbation or disapprobation thereof, are to be marked in their minutes, and reported in writing to the synod; and if a member is absent from the diet for privy censures, he shall send up his excuse in writing either to that diet, or to the next synod; and in the event of brethren’s failing in both these injunctions, ’tis appointed, That the presbytery in the first meeting after the synod shall call such to an account, and report to next synod, that they may do in it as they shall see cause.— Act. 7. Ass. 1751. MARRIAGE * *. I. Marriage, without proclamation of banns, discharged conform to the former acts, except the presbytery, in some ne¬ cessary exigents, dispense therewith.— Act Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art. 21. II. An overture, that course may be taken for restraining of people from passing into England to marry, as being the occasion of great inconveniences, is allowed ; and recommend¬ ed to the parliament, that they would appoint a pecunial sum to be paid by the contraveners.— Act Sess. 22. Aug. 29. Ass. 1639. Art. 2. III. The celebration of marriage, without due proclama¬ tion of banns, according to order, three several Sabbaths in the respective parishes, is discharged; and ’tis recommended to presbyteries, to censure the contraveners.— Act 7. Ass. 1690. § 3. a Supra, 7. * See Remedies Domestic of Sins, 3 . Schism, 5. / MARRIAGE, 159 IV. ’Tis declared, that, before any proclamations be made, the names and designations of the persons to be married and their parents, tutors and curators, if they have any, be given up to the minister of the bounds in which any of them live and reside, that thereby it may be known, if their parents and friends give consent thereto ; and that the minister, being satisfied herein, order the proclamation to be made three sev¬ eral Sabbaths; which, when made, shall be immediately before divine worship begin in the forenoon ; and the persons to be proclaimed, their names and full designations/by which they are designed in writ, and the contracts of marriage, be fully and audibly expressed; and that, where there are more churches collegiated in the place or town, the proclamation ' be made in all and every one of the churches within the city or town, where they or any of the persons to be married reside; and this to be attested to the minister that marries them ; with certification of the censures of the church against the transgressors herein— Act 5. Ass. 1690. V. ’Tis appointed, That the acts of assembly concerning proclamation of banns be duly observed; and that enquiry be made, that the persons desiring marriage be not within the forbidden degrees, and be single and free persons; and that all concerned do consents— Act 5. Ass. 1711. VI. ’Tis resolved, That no session-clerk in this church, pro¬ claim any persons in order to marriage, until he give intima¬ tion to the minister of the parish in a writing, dated and sub¬ scribed by him, of the names, designations, and places of re¬ sidence of the parties to be proclaimed; and obtain the said minister’s leave to make the said proclamation, with certifica¬ tion, that if any certificate of proclamation of banns be given, without observing the above order, the said certificate shall be held as a false certificate; and the session-clerk who sub¬ scribes it, shall censured accordingly : And in case of a vacancy, the above intimation is to be made to two of the elders of the parish. This resolution appointed to be sent to presbyteries, 160 MINISTERS. to be by them transmitted to sessions in order to its being observed.— Act 8. Ass. 1784. / MINISTERS *i I. The act of the assembly held at Edinburgh March c 26. 1596, anent the entry and conversation of ministers, ratified, and ordained to be put in execution in every presbytery ; and for that end, copies thereof are ordered to be given to each presbytery, under the clerk’s hands, the substance whereof is as follows:—First to prevent Corruptions in the office of the ministry , ’tis ordained, That in time coming more diligent inquisition and trial be made of all such persons as shall enter into the ministry; as especially in these points, 1. That the intrant shall be posed upon his conscience before the great God, and that in the most grave manner, what moveth him to accept of the office and charge of the ministry upon him. 2. That it be enquired, if any, by solicitation or moyen, directly or indirectly, press to enter in¬ to the said office; and if it be found, that the solicitor be re¬ pelled ; and that the presbyteries repel all such of their num¬ ber from voting in the election or admission as shall be found moyeners for the solicitor, and posed upon their conscience to declare the truth to that effect. 3. ’Tis ordained, that none seek presentations to benefices, without the advice of the pres¬ bytery within the bounds whereof the benefice is; and if any do in the contrary, that they be repelled, as rei ambitus. 4. That the trial of persons to be admitted to the ministry there¬ after, consist not only in their learning and ability to preach, but also in conscience and feeling, and spiritual wisdom ; and namely in the knowledge of the bounds of their calling, in doctrine, discipline, and wisdom to behave themselves accord- ingly with the divers ranks of persons within their flocks: as * Seo Presbyteries, 5. Probationers. Letters, 1. Worship Secret. Wor¬ ship Public. Excommunication, S. Calls, 2. 4. Ordination of Ministers, Confession of Faith, 7. if. 9. Vagrant Ministers. Highlands. Probationers. Widows. Papists, 9. § 3. 4. 12. 13. 14. 15. 18. 19. MINISTERS. 161 namely, with atheists, rebellious, weak consciences, and such other where the pastoral charge is most kythed; and that they be meet to stop the mouths of the adversaries; and such as are not qualified in these points be delayed till further trial, and they be found qualified: And ’tis recommended, that the principal places of the realm be provided by Them of most worthy gifts, wisdom, and experience; and that none take the charge of greater numbers of people than they arc able to dis¬ charge ; and an act of the provincial synod of Lothian, made to this purpose, is approven. 5. That such as shall be found not given to their book and study of the Scriptures, nor care¬ ful to have books, nor given to sanctification and prayer; that study not to be powerful and spiritual, not applying the doc¬ trine to corruptions, which is the pastoral gift; obscure and too scholastic before the people ; cold, and wanting of spiri¬ tual zeal; negligent in visiting the sick,and caring for the poor; or indiscreet in chusing parts of the word not meetest for the flock; flatterers and dissembling at public sins, and especially of great personages in their congregation, for flattery, or for fear; -—that all such persons be censured, according to the degree of their faults ; and continuing therein, be deprived. 6. That such as are slothful in the administration of the sacraments, and irreverent,or profaners,receiving the clean and the unclean, ignorants and senseless profane, and making no conscience of their profession in their calling and families; omitting due trial, or using none, or light trial; having respect, in their trial, to persons wherein there is manifest corruption;—that all such be sharply rebuked; and if they continue therein, that they be deposed. 7. If any be found a seller of the sacraments, that he be deposed simpliciter ; and such as collude with slander¬ ous persons, in dispensing and overseeing them for money, in¬ cur the like punishment. 8. That every minister be charged to have a session established, of the meetest men in his con¬ gregation ; and that discipline strike not only upon gross sins, as whoredom and bloodshed; but upon sins repugnant to the word of God, as blasphemy of God, banning, profaning of the X ‘ 162 MINISTERS. Sabbath, disobedient to parents, idle and unruly ones without calling, drunkards, and suchlike debauched men, as make not conscience of their life, and the ruling of their families, and especially, of education of their children; lying, slandering, and backbiting, and breaking of promises; and this to be an universal order throughout the realm: And suchlike as are negligent herein, and continue therein after admonition, be deposed. 9. That none, falling in public slanders, be receiv¬ ed in public fellowship with the kirk, except his minister have some appearance, and warrant in conscience, that he hath both a feeling of sin, and apprehension of mercy ; and for this effect, that ministers travail with him, by doctrine and private instruction, to bring him thereto ; and especially in the doc¬ trine of repentance, which being neglected, the public place of repentance is turned into a mocking. 10. Delapidation of benefices, demitting of them for favour or money, that they become laick patronages, without advice of the kirk; and sicklike, interchanging of benefices by transaction, and trans¬ porting of themselves, by that occasion, without the know r - ledge of the kirk; precisely to be punished : Suchlike, that setting of tacks, without advice of the assembly, be punished according to the acts; and that the demitters in favours for money, or otherwise, to the effect above written, be punished as the delapidators.-Secondly, to prevent Corruptions in tlic persons and lives of ministers, ’tis ordained, 1. That such as are light and wanton in their behaviour; as, in gorgeous and light apparel, in speech, in using light and profane company, unlawful gaming, as dancing, carding, dic¬ ing, and suchlike, not beseeming the gravity of a pastor, be sharply and gravely rebuked by the presbytery, according to the degree thereof, and continuing therein after due admoni- tion, that he be deprived, as slanderous to the gospel. 2. That ministers, being found swearers or banners, profaners of the Sabbath, drunkards, fighters, guilty of all these, or any of them, be deposed simpliciler: And suchlike, liars, detrac¬ tors, flatterers, breakers of promise, brawlers and quarrelers, MINISTERS. 163 after admonition, continuing therein, incur the same pu¬ nishment. 3. That ministers, given to unlawful and incom¬ petent trades and occupations, for filthy gain, as holding of hostlaries, taking of ocker beside conscience and good law’s, and bearing worldly offices in noblemen and gentlemen’s houses, merchandise, and suchlike, buying of victual, and keeping it to the dearth; and all such worldly occupations, as may distract them from their charge, and may be slanderous to the pastoral calling; be admonished, and brought to the acknowledging of their sins ;—and if they continue therein, to be deposed. 4. That ministers non-resident at their flocks ; be deposed, according to the acts of the general assembly, and laws of the realm; otherwise, that the burden be laid on the presbyteries, and they, to be censured therefore. 5. That ministers await not on the court, and affairs thereof., without the advice and allowance of their presbyteries: Item, That they intent no action civil, without the said advice, except in small matters; and that for remedying of the necessity that some ministers have to enter in plea of law; that remedy be craved, that short process be devised, to be used in ministers actions. 6. That ministers take special care, in using godly exercises in their families, in teaching their wives, children, and servants, in using ordinary prayers, and reading of scrip¬ tures, in removing of offensive persons out of their families; and suchlike other points of godly conversation and good ex¬ ample ; and that they, at the visitation of the kirks, try the ministers families in the points aforesaid; and such as are found negligent in these points, after due admonition, shall be judged unmeet Supra, ;5. PROBATIONERS, 214 ? country, and shewed themselves opposite to the covenant and reformation. —Act Sess. 15. Aug. 7. Ass. 1641. Art. 2. 3. VII. The meaning of Act Sess. 22. Aug. 29. Ass. 1639 3 , is declared not to be, that an actual minister to be transport¬ ed, shall be tried again by the trials appointed for the trial of expectants, at the entry to the ministry, according to the acts of assembly; but only, that he, bringing a testimonial of his former trials, and of his abilities and conversation from the presbytery from whence he comes, and giving such satis¬ faction to the parishioners and presbytery whereto he comes, in preaching, as the presbytery finds his gifts fit, and answer- able for the condition and disposition of the congregation where he is presented: Because, according to Act of Assem¬ bly 1596, renewed by Act 1638, Art 9 b , some that are meet for the ministry in some places, are not meet for all alike; and universities, towns, and burghs, and places of noblemens’ residence, or frequency of Papists, and other great and emi¬ nent congregations, and sundry other cases, require men of greater abilities, than will be required necessarily in the plant¬ ing of a private small parish : the leaving of the consideration of these places to the judgment of the presbytery, was the only intention of the act: And the said act, according to the foresaid meaning, is ratified and approven .—Act Sess. 6. Aug. 2. Ass. 1642. VIII. Ordained, That every presbytery give up yearly to their synods, a roll or list of the ablest of their expectants, who have undergone due trials, and after trials have been upon public exercise, at least, for the space of half a year, or longer, as the presbytery shall find necessary, or even of actual mini¬ sters ; and that the synods elect out of these rolls, such persons whom they in certain knowledge, judge most fit for the minis¬ try, and worthiest of the first place; and synods are impower- ed to add to, or alter these rolls given by the presbyteries, as they shall think reasonable; and that synods send the rolls a Supra, 4. b Ministers, J. PROBATIONERS. 215 made by them in this manner to the fiext assembly, who shall also examine the rools of the synods, and add to or alter the same, as shall be thought expedient; which roll made by the assembly, shall be sent to every presbytery; and that the pres¬ bytery, with consent of the most or best part of the congrega¬ tion, make a list of six persons willing to accept of the presen¬ tation, out of that roll of the assembly, upon every occasion of vacation of any kirk within their bounds, and shall send the same, together with a blank presentation (if his Majesty be patron of the parish) by the procurator or agent of the kirk, to such as the commissioners of the general assembly, or, in their absence, the presbytery of Edinburgh, shall direct, and think at that time most able and willing to obtain the presen¬ tation to be signed, and filled up by his Majesty’s choice of one of the list; and if the vacant kirk be of a patronage dis¬ poned by his Majesty since the 3d of January, in that case, that either the presbyteries themselves send a list of six per¬ sons in manner foresaid, with a blank presentation to the pa¬ tron, to be filled up by his choice, or send the same to the said officers of the kirk, to be conveyed by them to the pa¬ tron of the vacant kirk, as the presbytery shall think most ex¬ pedient ; and that expectants thus presented, be again duly tried before their admission : And for the better discovering of the right and interest of the kirk, and presbyteries in kirks, whereof gifts of patronage may be presented to the exchequer, every presbytery is ordained, with all diligence, to use all means of exact trial of the nature and quality of all kirks with¬ in their bounds; as, what kirks belong to the King’s patron¬ age, and what to other laick patronages, what kirks of old were planted by presbyteries, and what by prelates and bi¬ shops before the assembly at Glasgow, in 1638; what hath been the way and time of the change of the planting and pro¬ viding of kirks, if any have been changed, or any other thing concerning the nature and quality of every kirk within their bounds, and to send the same to the procurator of the kirk with all diligence .—Act Scss. 7. Aug. Ass. 1642. 210 PRO EAT I ONE US, IX. In respect of the difficulty of obtaining six able and well qualified persons to be put into the list to his Majesty, for every vaiking kirk, in his majesty’s presentation, recom¬ mended to his Majesty’s commissioner, and undertaken by him, to represent to his Majesty; that it is the assembly’s humble desire, that he would be pleased to accept of three, for kirks in the Lowlands, and of any one qualified man, hav¬ ing the Irish language, for kirks vaiking in the Highlands; and recommended to every presbytery, to advise upon the best ways and means, for providing and planting vacant kirks, that all occasions of contests, and differences among patrons, presbyteries, and parishes, might be removed, and report to the next assembly.— Sess. ult. Aug. 19. Ass. 1643. X. That for the better breeding of young men to the mi¬ nistry, who are not able to furnish themselves in charges to attend the universities, the presbyteries where they reside, are to appoint some to direct their studies.— Act Sess. ult . June 18. Ass. 1646. Art. 2. ' ' XI. Recommended to the commissioners for public affairs, to seek redress from the parliament in relation to the great burdens intrants undergo when they enter the ministry, which hold many of them long at under, and that ministers’ manses and stipends may be all made free to the intrant: And they are appointed to consider of some fitting overtures, to be pre¬ sented to the parliament for that effect.— Sess. ult. June 18, Ass. 1646. XII. All former acts for trial and admission of intrants to the ministry, especially act 13 a and 23 b of Act Sess. 23. 24. Dec. 17. 18. Ass 1638. and Act Sess. 7. Aug. 3. Ass. 1642 c . are revived; and presbyteries are ordained to observe the same in all time coming.— Act Sess. 27. Aug. ult. Ass. 1647. XIII. That no presbytery admit any person to trial, in or¬ der to preaching, but such as are of sound principles, and of a sober, grave, prudent, and pious behaviour, and of whom they a Supra, 2. b Supra, (J. c Supra, 8. PROBATIONERS. 217 have ground to conceive good hopes that they shall be useful and edifying in the church : And for this end ’tis appointed. That such persons shall produce before the presbyteries who admit them to trial, sufficient testimonials from the ministers of the parishes where they lived, Und from the presbyteries in whose bounds they reside, and also from the professors of di¬ vinity, where they may have attended the profession for some time: And if the said persons come from a place where there is no presbytery yet constituted according to the legal esta¬ blishment, they shall produce testificates from the next adja¬ cent presbytery, who are to inform themselves concerning their principles and behaviour, and to testify of them accor¬ dingly. And appointed, That when such persons are first li¬ censed to be probationers, they shall oblige themselves to preach only within the bounds, or by the direction of that presbytery which licensed them; and they shall also, by pro¬ mise and subscription, engage themselves to be subject to that presbytery which licensed them, or to any other church judi¬ catory, wherein by Providence they shall have their abode, for shorter or longer time; and that they shall follow no di¬ visive course: And this their engagement shall be inserted in the body of their license. And further ’tis appointed, that when they are removing from that presbytery which licensed them, they shall carry with them an extract of their license, and a testimonial from the presbytery of their carriage; which they are to present to the presbytery to which they come, or at least, to some minister therein, before they preach within that bounds; and which minister is not to employ them, ex¬ cept in his own pulpit, until he give notice thereof to the pres¬ bytery at their next meeting, and have their allowance. ’Tis also appointed, That the presbytery to which the said proba¬ tioners do so come, shall require the same subjection and or¬ derly carriage from the said probationers, during their abode in that bounds, to which they were engaged to the presbytery by which they were licensed: And if they go to any place where a presbytery is not yet constituted according to the le- 218 PROBATIONERS. gal establishment, they shall be obliged before they preach inf that bounds, to make their address to the next adjacent and legally established presbytery, to whom they shall be subject, and by whom they shall be directed as aforesaid : And in case the said probationers shall malverse in doctrine or con¬ versation, they shall be accountable to, and censurable by the said respective judicatories, as they shall see cause : And if the said probationers refuse subjection, or prove contumacious to such censure, whether of reproof, suspending from the exer¬ cise of their license, or of recalling the said license ; intima¬ tion shall be made thereof by the said judicatories, to the neighbouring judicatories, or where they shall understand the said probationers are; that so none may employ them to preach, nor their after irregularities be imputed to the presby¬ teries that licensed them, or where they afterwards had their abode. And ’tis provided and declared, That the foresaid probationers are not to be esteemed, by themselves or others, to preach by virtue of any pastoral office, but only to make way for their being called to a pastoral charge.— Act 10. Ass. 1694. XIV. Recommended seriously to all presbyteries, that they fix no preachers or intrants, having the Irish language, in any congregation within the Lowlands of Scotland, without the consent of, and a certificate from the presbyteries in the Highlands where they formerly resided.— Act 21. Ass. 1694. Nota. This act was to continue till the Highlands were completely provided with ministers. XV. That all probationers who apply to presbyteries, bring not only sufficient testimonials, but also a letter from a known person to the presbytery, and that the presbytery write them from whom the testimonials come (if need be) to know the verity thereof.— Act 13. Ass. 1695. XVI. Appointed, That strict enquiry be made into the piety, gravity, prudence, sobriety, orthodoxy, and learning of such as are offered to presbyteries, in order to passing their trials, and that such be rejected as have not sufficient testi- PROBATIONERS. 219 menials from universities, of their good behaviour and suffi¬ ciency (and that the usual school degrees be enquired after, though not made a necessary qualification), or at least should not be found to have retrieved their lost time at schools, by their after diligence: As also, that such as are esteemed to be vain or imprudent, or proud, or worldly minded, by the generality of sober intelligent persons, who converse with them, shall be kept back from that work. Recommended to professors of divinity, that they require of such students as they employ in any exercises, testimonials from universities where they have studied, and places where they have lived. Required, that none be licensed to preach, or be ordained to the ministry, unless they give good proof of their understand¬ ing Greek and Hebrew': And recommended to all candidates for the ministry, to study also the other oriental languages, especially the Chaldaic and Syriac, so far as they can : Also recommended, that they be tried not only in the great con¬ troversies in religion, but also in the controversies concerning the government and discipline of this church.— Act 22. Ass. 1696. XVII. Appointed, That the commissioners from the seve¬ ral presbyteries within this church bring in an account to the general assembly yearly, of all the students of divinity, who have passed their trials in order to the ministry, from one as¬ sembly to another: As also, of all others who have not pass¬ ed trials, that have an eye to the holy ministry, and attend the lessons of the several professors of divinity in the universi¬ ties, and perform the exercises enjoined them there, that a roll may be made of them, and their names read in open assem¬ bly, and recorded in the registers thereof.— Act 3. Ass. 1697. XVIII. Appointed, That strict notice be taken of such as pass their trials in order to the ministry; and for that end, all former acts of assembly made in relation thereto, and in particular, the article allowed by the general assembly 1596, and approven in the general assembly 1638, Art. 3. Sess. 7 a . a Supra, J. 220 PROBATIONERS. renewed Sess. 27. Aug. ult. Ass. 1647 b . anent the age of such ; as also, Act 10. Ass. 1694 c . and Act 22. Ass. 1696 d . are all ratified and revived: And further ordained, that the eatechetic trials be not perfunctorily gone about; and that presbyteries appoint some of their number to examine them in their own presence, upon the several heads of divinity, and the government of the church, and to know what reasons thev can give of their faith, and sentiments in these matters; and if they can answer some principal objections, and that previously to all other parts of their trials: And that this be not done hastily, but that a particular competent time be al¬ lowed for that purpose; and that there be one trial also given to probationers, of their gifts as to lecturing: And all the se¬ veral synods are required and enjoined, at their privy cen¬ sures, to make strict enquiry, how the presbyteries within their bounds have observed this, and other acts of assembly made to this purpose .—Act 10. Ass. 1704. XIX. Recommended seriously to the several presbyteries of this church, to keep a watchful eye over all students of theology, and to be careful that none be licensed to preach, or admitted into churches, but such as shall give evidence of their orthodoxy, by signing the confession of faith, approven by former assemblies of this church, and ratified by law in the year 1690, as the confession of their faith; of their good affection to the government of church and state; of their peaceable principles and disposition, by engaging to observe good order, in conjunction with, and due subjection to, the judicatories of this church ; and of their literature, by abiding a strict trial; and shall own the presbyterian church govern¬ ment of this church to be agreeable to, and founded upon, the word of God; and promise never to endeavour, directly or indirectly, the prejudice or subversion thereof, according to former acts of assemblies thereanent .—Act 16. Ass. 1705. XX. The punctual observance of all acts already made, * Supra, 1 j. b Supra, 12. d Supra, 16. I'ROBATIONERS. 221 concerning probationers or intrants to the ministry, is seri¬ ously recommended to all presbyteries; and some overtures, about licensing probationers, and the trial of them, or in¬ trants to the ministry, are transmitted, and the observance of them recommended, until the next assembly.— Act 13. Ass . 1708. XXI. Enacted, that none be admitted to trials, in*order to be licensed, but such as have attended the profession of divi¬ nity for six years, or have closely followed the study of divi¬ nity and of the languages, for that space at least, after they have passed their course of philosophy at the college, and made proficiency therein, in case their circumstances did not allow them to attend the profession ; though it were to be de¬ sired that they should attend the profession of divinity much of that time; but this is not extended to students having the Irish language; providing that before any presbytery license such students within the said first six years, they first consult the general assembly, or the commission thereof, in the matter. And ’tis further ordained, That none be licensed in any pres¬ bytery, except they have resided therein for the space of six years, or produce to them sufficient testimonials from the pres¬ byteries in whose bounds they have last, or for the most part resided, bearing expressly, that it is the desire of these pres¬ byteries, that these students should be entered upon trials; And such students as come from abroad, shall produce satis¬ fying testimonials from the professors under whom they stu¬ died ; and the time of their being abroad shall be accounted a part of the said six years; but none of these students shall be entered on trials for the space of a whole year after they come to Scotland : And ’tis also ordained, That, the above space of six years being expired, and testimonials produced in manner foresaid, the presbytery which is to take trial of these students, shall, before they enter them upon trials in order to be licen¬ sed, write letters to all other presbyteries within the synod, acquainting them with their design; and at the next meeting of the synod, they shall also acquaint the synod thereof, and 222 PROBATIONERS. obtain their special advice and judgment in that particular. And the punctual observance of all acts already made concern¬ ing probationers and intrants to the ministry, is seriously re¬ commended to all presbyteries; and that, before any presby¬ teries receive any upon trials, in order to his being licensed, three or four of the number be appointed to converse with him, and to take trial of his orthodoxy, knowledge in divini¬ ty ; particularly, the modern controversies, and other neces¬ sary qualifications for the ministry, and what sense and im¬ pression he has of religion upon his own soul; and that they make report of their diligence herein, before the presbytery admit him to the probationary trials. And presbyteries are discharged to put the call of any parish into the hand of the probationer called; and they are appointed to keep the same still in their owrtjiands, until the said probationer’s trials be over, and that the presbytery be fully satisfied both as to his sufficiency and fitness for that parish : And certain questions are appointed to be put to all such as pass trials in order to be licensed ; as also to such as shall be ordained ministers, or admitted to any ministerial charge or parish : And a Formula is set down, which they are appointed to subscribe before they be licensed, ordained, or admitted respectively: And the li¬ censing, ordaining, or admitting any who shall not give satis¬ fying answers to these questions, and subscribe the formula here subjoined, is prohibited and discharged.-Follow' the Questions to be put to probationers. —1. Do you believe the Scriptures of the Old and New Testament to be the word of God, and the only rule of faith and manners ? 2. Do you sincerely own and believe the whole doctrine of the confession of faith, approven by the general assemblies of this national church, and ratified by law in the year 1690, and frequently confirmed by divers acts of parliament since that time, to be the truths of God contained in the Scriptures of the Old and New Testament ? And do you own the whole doctrine there¬ in contained as the confession of your faith ? 3. Do you sin¬ cerely own the purity of worship presently authorised and probationers. 223 practised in this church, and asserted in Act 15. Ass. 1707 3 , intitled, Act against innovations in the worship of God ? And also own the Presbyterian government and discipline, now so happily established in this church? And are you persuaded. That the said doctrine, worship, discipline, and church-go¬ vernment are founded upon the holy Scriptures, and agreeable thereto ? 4. Do you promise, That, through the grace of God, you will firmly and constantly adhere to, and in your station, to the utmost of your power, assert, maintain, and defend the said doctrine, worship, discipline, and the government of this church by kirk-sessions, presbyteries, provincial synods, and general assemblies ? 5. Do you promise, That in your prac¬ tice you will conform yourself to the said worship, and submit yourself to the said discipline and government of this church, and shall never endeavour, directly or indirectly, the preju¬ dice or subversion of the same ? 6. Do you promise, That you shall follow no divisive courses from the presenFestablish- ment of the church ? 7. Do you renounce all doctrines, tenets or opinions whatsoever, contrary to, or inconsistent with the said doctrine, worship, discipline, and government of this church? 8. Do you promise, That you will subject yourself to the several judicatures of this church?-Follows the Formula. —I,-, do hereby declare, That I do sin¬ cerely own and believe the whole doctrine contained in the confesson of faith approven by the general assemblies of this national church, and ratified by law in the year 1690, and frequently confirmed by divers acts of parliament since that time, to be the truths of God; and I do own the same as the confession of my faith: As likewise, I do own the purity of worship presently authorised and practised in this church; and also, the presbyterian government and discipline, now so happily established therein; which doctrine, worship, and church-government, I am persuaded, are founded upon the word of God, and agreeable thereto: And I promise, That a Innovations. 224 - probationers. through the grace of God, I shall firmly and constantly ad¬ here to the same; and, to the utmost of my power, shall, in my station, assert, maintain, and defend the said doctrine, worship, discipline, and government of this church by kirk- sessions, presbyteries, provincial synods, and general assem¬ blies ; and that I shall in my practice, conform myself to the said worship, and submit to the said discipline and govern¬ ment; and never endeavour, directly or indirectly, the preju¬ dice or subversion of the same: And I promise, That I shall follow no divisive course from the present establishment in this church; renouncing all doctrines, tenets, and opinions whatsoever contraiy to, or inconsistent with the said doc¬ trine, worship, discipline and government of this church.— Act 10. Ass. 1711. XXII. For explication of the above Act 10. Ass. 1711, , tis declared to be fit, That, before one presbytery grant a re¬ commendation or desire to another presbytery, for entering a student of divinity upon trials, they take the usual private trials appointed by the said act to be taken of such students, as if they were to be passed before themselves .—Act 10. Ass. 1713. XXIII. The strict observation of Act 5. Ass. 1705 a , and of Act 10. Ass. 1711 b , and other acts of assembly, about try¬ ing and licensing probationers, is seriously recommended to all professors of divinity, and presbyteries within this church: And ’tis further recommended to presbyteries, That they cause read to the young men about to be tried, the engagements re¬ quired by the said Act 10. Ass. 1711 b , of such as are to be licensed; and that they take a promise of the said young men, That they will subscribe to, and punctually observe the same, in case they be licensed : And presbyteries are desired to re¬ cord this their promise in their books, and to cause all this to be done before any part of the public trials be prescribed : And in case of students bringing testimonials from their pro- a Schools, 5. b Supra, 21, PROBATIONERS,, 225 fessors, or from presbyteries wherein they have for the most part resided, in the terms of the foresaid acts in order to their passing trials in some other presbytery ; such presbytery, to whom they come so recommended, are not to begin their trials, until they have resided at least half a year immediately before, in their bounds : And the visitors of presbytery-books are appointed to report to their synods, an account of the di¬ ligence of the several presbyteries in this matter, but ’tis pro¬ vided, that what is above-contained shall not be extended to students having the Irish language.— Act 6 . Ass. 1714. XXIV. The ordinary allowances payable by the acts of as¬ sembly to preachers, sent from time to time by the assembly or commissions thereof, to supply vacant churches, or in order to be settled in the North, the Highlands, and Islands, are ap¬ pointed to be paid next to the stated annual charges of the church, and befoVe any other claim and demand whatsoever, that shall be made out of the church’s public money.— Act. 5. Ass. 1715. XXV. Enjoined, That all former acts made with respect to the entei'ing of students upon trials for the ministry be strictly observed. And further, ’tis appointed, That when any presbytery about to enter a person upon trials, shall re¬ ceive a letter from another presbytery, shewing their dissatis¬ faction with said person, and giving grounds for it, he shall not be licensed until the synod give their directions in the matter, unless the presbytery which shewed dissatisfaction, af¬ terwards signify their consent, that the trials should go on. And presbyteries who shall receive such letters about students, are appointed to write a return to them, by first post after their meeting. And likewise appointed, ..That when any young man comes to wait upon the profession of divinity in any university, he shall bring a certificate from the minister whence he comes; and when he leaves the profession, he shall also take with him, besides the professor’s certificate, a testi¬ monial from the minister of that parish in which he resided when he attended the profession,— Act. 12. Ass 1727. F f 226 PROBATIONERS. XXVI. Recommended to all presbyteries and minister", 1 when they come to know any error or vice in students of di¬ vinity, to give notice thereof to the professors of divinity under whom such students are taught, with an account how the same can be proved ; and also recommended to them not to be rash or hasty in receiving reports to the prejudice of students, but to be careful to discourage groundless or mali¬ cious reports, and to protect the characters of such as do not appear to be truly guilty: And recommended to professors of divinity diligently to enquire concerning the principles and the practice of the youth under their care; and the former recommendation to professors of divinity, contained in Act 22. Ass. 1696 a , concerning the requiring of testimonials from students whom they admitt to exercises, is renewed.— Act 6, Ass. 1735. XXVII. Enacted, 1. That every probationer residing two months within the bounds of any presbytery shall present his license to the same; and that the said presbytery mark in their register, the probationer’s name and the presbytery which li¬ censed him. 2. That each presbytery extract from their re¬ cords annually, in March or April, a complete list of proba¬ tioners then residing, or who have resided for the above space, within their bounds, mentioning in these extracts, first the names of their own licentiates, and then the names of the others residing as above, with the presbytery who licensed them. 3. That these extracts be made out upon the schedule which bears the presbytery’s commission to their members to the general assembly, and be signed in like manner by the moderator or clerk; and that the extracts further mention the names of students then under trials before the presbytery. 4. That the committee for examining commissions to mem¬ bers of assembly, shall annually make up a roll of probation¬ ers and students from these extracts; and that it be present¬ ed to the general assembly, as a part of the committee’s an¬ a Supra, IG. PROBATIONERS. 227 nual report, and be recorded in the assembly's register .—Act 9. Ass. 1736. XXVIII. Enjoined, that none coming licensed from abroad be allowed to preach in Scotland, till they be re-examined, and come under the engagements, and sign the formula , ac¬ cording to Act 10. Ass. 1711 a .—Act 16. Ass. 1736. XXIX. Enjoined on presbyteries to be strict in adverting, that young men whom they license to preach the gospel, be persons of good report, and carefully observe their behaviour after they arc licensed ; and appointed, That the rules of the form of process Ch. 7 b . with respect to informations against ministers of this church, be extended to probationers .—Act 9. Ass. 1745. Not a. This act was afterwards transmitted to presbyteries as an overture. XXX. Enjoined, That all presbyteries take carp, in licens¬ ing probationers, strictly to observe the rules of the word of God, and acts of assembly relative thereto; also to observe the rules of this church, with respect to probationers for the ministry, licensed in England, or foreign parts; that before taking any steps towards a settlement in consequence of a pre¬ sentation, they take care, that the patron and presentee be duly qualified, and that the presentation be in terms of law; and that when one is presented to a parish against whom there appears to be no just objection, they use their best endeavours to render the presentee acceptable to the parish .—Act 4. Ass. 1754. XXXI. Enacted, That before any presbytery or synod agree to take upon trials any blind man, they first consult the gene¬ ral assembly .—Act 6. Ass. 1761. XXXII. Enacted, That in licensing probationers the fol¬ lowing regulations shall be strictly observed in all time com¬ ing, 1. That no presbytery admit any person to probationary trials, but such as are found to be of good report, sufficient a Supra, 21. b Ministers, 10. 228 PKOBATIONEltS. learning, sound principles, pious, sober, grave, prudent beha¬ viour, peaceable disposition, well-affected to government in church and state, and who, they have good grounds to con¬ ceive, will be useful and edifying in the church, and that care¬ ful enquiry be made thereanent; and that such as are esteem¬ ed light and vain in their behaviour, proud, worldly minded, or unacquainted with the power of practical godliness, be kept back from that sacred work. 2. That none be admitted to trials in order to be licensed, but such as have produced to the professor of divinity, at the time of being enrolled, either a diploma of master of arts, or a certificate, bearing that they have gone through a full course of philosophy at the college, and who have either given close attendance, on the divinity- hall for the space of four years, from the time of their enroll¬ ment as students in divinity; or, if their circumstances did not allow them to give close attendance on the hall, have con¬ tinued to prosecute the study of divinity for six years, and have in that time delivered the usual number of discourses; provided, that the time of their being admitted to trials, they are twenty-one years of age complete. 3. ’Tis recommended to presbyteries, professors of divinity, ministers, and mem¬ bers of the church, to keep a watchful eye on such students, during the terms above specified: And further, That when any student comes to attend the profession of divinity in any university, he shall produce to the professor, and to the mi¬ nister of the parish where he is to reside, during the time of his attendance on the profession, a testimonial from the mini¬ ster of the parish from whence he comes; and when he leaves the profession, he shall carry back testimonials from the mi¬ nister of the parish, of his grave and suitable behaviour be¬ coming his character; and from the professor, testimonials certifying the same, and also his regular attendance on the diets of the profession, and the time he has attended. And when any professor of divinity shall think fit to recommend a student, in order to probationary trials, his testimonials shall certify his proficiency in his studies, and moral character. 4. PROBATIONERS. 229 ’Tis appointed, That no presbytery admit any student to pro¬ bationary trials except such as have resided within their bounds for the space of six months, or do produce to them sufficient testimonials from the presbytery in whose bounds they have lived, or for the most part resided, expressing, that it is the desire of these presbyteries that these students should be entered upon trials. And such students as come from a- broad, shall produce satisfying testimonials from the profes¬ sors under whom they have studied; and the time they have been abroad shall be accounted a part of the six years; and none of these students shall be entered upon trials for the space of half a year after they come to Scotland. 5. When any stu¬ dent is proposed to a presbytery in order to be taken on trials, the proposal shall lie on the table till next ordinary meeting, before they give judgment therein, that diligent enquiry may be made, and information had concerning the student’s quali¬ fications and behaviour; and the presbytery shall be alone when the pi'oposal is made and judged on ; and ’tis enjoined. That students take all opportunities of cultivating an acquain¬ tance with the ministers of the presbytery where they reside, and where they are to pass trials. 6. When the presbytery, after serious enquiry and mature deliberation, shall agree to take the proposed candidate on trials, they shall examine him privately, in order to enable them to judge whether he pos¬ sesses the piety, knowledge, abilities, and other qualifications necessary for a preacher of the gospel. 7. ’Tis appointed, That the same method be observed, and trials taken in all the above particulars, before any presbytery recommend a student to pass trials in another presbytery. 8. Ordained, That the the terms above specified being expired, and testimonials pro¬ duced, and previous trials taken in manner above directed, the presbytery, before they prescribe any part of the public trials, shall write letters to all the presbyteries within the bounds of the synod, acquainting them with their design, two months at least before the sitting of the synod; and at the next meeting of the synod ; they shall also acquaint the synod '230 PROBATIONERS. thereof, and obtain their special judgment and advice in that particular; and, that the members of the said presbytery and synod may be ripely advised thereanent, ’tis appointed that the said letters be duly and carefully transmitted to the several presbyteries, and that intimation thereof be publicly made at the first diet of the synod, to lie on the table till the second or some subsequent diet, and then particular enquiry be made whether any person have any thing to object against the stu¬ dent's being entered upon trials for preaching the gospel; providing always, that in any part of this church, where sy¬ nods meet but once a-year, a student may be proposed to the synod half a year sooner than would have been competent if the synod had met twice a-year. 9. ’Tis recommended to presbyteries, that before any student is entered on trials, the engagements required by Act 10. Ass. 1711 a , of such as are to be licensed, be read to them; and that the presbytery take promise of them, that they will subscribe to, and particularly observe the same, in case the presbytery see cause to license them ; and that this promise be recorded in their books. 10. ’Tis appointed, That the public probationary trials of stu¬ dents, who are to be licensed probationers, be the following, viz. The catechetical trials to be renewed in presence of the presbytery, and that previously to all the other parts of public trials—a homily in English on a Scripture text—an exegesis in Latin on a contraverted head of divinity, and sustaining a thesis and dispute thereon—an exercise and addition—a lec¬ ture on a large portion of Scripture—a popular sermon—a trial on chronology and church history, especially the history of our own church—and a trial on their knowledge of the Greek and Hebrew languages. 11. ’Tis enacted That the questions appointed by Act 10. Ass. 1711 b be put to all such as pass trials; and likewise that they shall subscribe the for¬ mula set down in that act, before they be licensed to preach the gospel; And the general assembly prohibits the licensing *■ Supra, 21. b Supra, 10. PROBATIONERS. 231 any person who shall not give explicit and satisfying answers to these questions, and subscribe the said formula^ and dis¬ charge any presbytery to make use of any other questions or formula. 12. When any presbytery, who with the synod’s allowence, has entered, or who is about to enter a student on trials, shall receive a letter from any presbytery shewing their dissatisfaction with that student, and giving relevant grounds for the same, which they offer to verify to the presbytery at their next meeting, the said student shall not be licensed un¬ til the matter be tried: And appointed, That presbyteries who shall receive such letters anent students from any other pres¬ bytery, write a return by the first post after the meeting, ac¬ quainting them with their next diet. 13. That the acts con¬ cerning simony, be read before licensing any probationer. 14. For the better observation of this act, it is particularly recommended to professors of divinity, to communicate the contents thereof to their students in a public meeting annual¬ ly, at such time, in the month of January as to them seems most convenient. And all presbyteries and synods are pe- remptorly appointed to observe the same in all parts: And it is strictly injoined, that visitors of presbytery-books make strick enquiry how the several presbyteries observe the same. —Act 8. Ass. 1782. XXXIII. Ordained, That in all time coming, the follow¬ ing regulations be strictly observed : 1. Enacted, That no student be entered upon the roll of any professor of divinity, unless he shall produce to the professor a certificate from the minister of the parish in which he has his usual residence, or, in his absence, or during a vacancy in that parish, from some neighbouring minister, bearing that his character is suitable to his views; together with a diploma of Master of Arts, or certificates from the several professors of philosophy under w T hom he had studied, from which it may be clearly ascer¬ tained, that, in some university or universities, he had gone through a full course of philosophy, in some winter sessions of college preceding that in which the certificates arc pro- 232 PROBATIONERS. duced. 2. Ordained, That all students who have been en¬ rolled by professors of divinity, in the manner prescribed, continue to prosecute the study of divinity for the term of six sessions, provided, that if any student hath given regular attendance on the divinity-hall, during three sessions, his course shall be considered as completed in four sessions; and that if he hath given regular attendance in the hall during two sessions, his course shall be considered as completed in five sessions: Ordained, That in each of these cases, students be enrolled by the professors during the several sessions of their respective courses, and deliver in the divinity-hall, in the manner afterward provided, an exegesis in Latin on some contraverted head of divinity, a homily in English, an exercise and addition, a lecture on some large portion of scripture, and a popular sermon, together with such other ex¬ ercises as the professors think proper to prescribe. Further enacted and declared, that a student is entitled to apply to the professor for his certificates, that he may be proposed for trials, and that the preliminary steps may be taken by the presbytery, during the currency of the last session of his course, as above described; with the limitation, that if the last session is to be claimed as a session of regular attendance, he shall, toward the conclusion thereof, obtain a new certifi¬ cate of his attendance during its currency, and produce the same to the presbytery or synod. 3. Professors of divinity are required to attend, as much as circumstances may permit, to the conduct of such students as are under their care; and as far as they find it practicable, to insist that every student deliver his first discourse some time during his second session at the latest, and the remainder of his discourses at such pe¬ riods as may enable him to deliver the whole of them before the end of January of the last session of his course. 4. When a student is proposed to any presbytery, in order to be taken upon trials, the presbytery shall be alone, and the motion for that purpose shall lie upon the table till their next ordinary meeting. In the mean time, the presbytery shall appoint the PROBATIONERS. 23S member by whom the student has been proposed, to lay be¬ fore the meeting the certificate or certificates in favour of the student, that are specified in the third paragraph of the third section of the act; to desire him to attend the same, and to inform him, that, previously to the meeting, he ought, as far as circumstances may permit, to wait on such ministers of the presbytery as have not formerly had an opportunity of conversing with him in private. 5. When the time appointed for considering the motion is arrived, the presbytery shall strictly observe the following regulations: 1. The presbytery shall be alone, while they are employed in discussing the se¬ veral preliminaries respecting students who are proposed for trials. 2. They shall require satisfying evidence, that every student who is proposed for that purpose, has completed the twenty-first year of his age. 3. No student shall be admitted to trial, unless he produces to the presbytery a certificate or certificates from the professor or professors of divinity, under whose tuition he hath studied, bearing, that he hath prose¬ cuted his studies, and delivered his discourses, in the planner prescribed by this act; and that his conduct, as far as it con¬ sists with the knowledge of the professor or professors, has been in every respect suitable to his views in life. Likewise enacted, That the presbytery shall record at full length the certificate or certificates, in their minutes: And enacted and declared, that the student having lodged such certificate or cerlificates, shall be entitled to obtain extracts of the same, if demanded. 4. No presbytery shall receive any student upon trials, unless they are satisfied that he is of good report; sound in his principles ; pious, sober, grave and prudent in his behavour; of a peaceable disposition; and well affected to the happy constitution established in this kingdom, both in church and state: And that the presbytery may proceed with all due caution, in a matter of such peculiar importance, they shall not agree to the motion in behalf of the student, unless his residence, during the year preceding, has been chiefly G g 234 PROBATIONERS. within tlieir bounds, or lie produce testimonials from the pres¬ bytery, in whose bounds his residence has chiefly been during that term, bearing that his character is such as is described in the immediately preceding sentence of this paragraph, and recommending him in those respects, to the presbytery before whom the proposal is made, as a proper person to be entered upon trials. 5. The presbytery shall not agree to the motion in favour of the student, unless they are satisfied that he has made a competent degree of proficiency in those several branches of knowledge, which are necessary to enable him to be an useful preacher of the gospel. And ordained, That the pres¬ bytery, in order to procure full information in this respect, shall examine the student strictly, and privately, on his know¬ ledge of the Greek and Latin languages, and of philosophy and theology. 6. If after these preliminary steps have been * taken, the presbytery shall be of opinion, that the student is duly qualified in these several particulars, they shall record this opinion in their minutes, and order their clerk to write letters to the several presbyteries within the bounds of the provincial synod, two kalendar months at least, before the meeting of the same, informing them of the presbytery’s in¬ tention to take the student upon public trials; and bearing, that the certificate or certificates, in his favour, which are re¬ quired by this act, have been regularly laid before them. But it is provided, that within the bounds of such synods as meet only once a year, a student may be entitled to have these cir¬ cular letters written half a-year sooner than w'ould be other¬ wise competent. 7. Enacted also and declared, that at the request of the student, it shall be competent to any presbytery to transfer the receiving of the public trials, or any parts theveof, certifying to the presbytery to which the transference is to be made, that the various preliminary steps have been taken according to the directions of this act; and that such parts of the public and private trials as have been already gone through, have been received with approbation. 8. If a stu¬ dent have studied, either in whole or in part, in protestant PROBATIONERS. 235 universities which arc not within the bounds of this church, he shall, when he is proposed to any presbytery for trials, be required to produce satisfying testimonials from the professors of divinity in said universities ; and the time which thesg pro¬ fessors shall certify to have been employed by him in study¬ ing divinity under their tuition, shall be computed in the same manner, as if he had prosecuted his studies in any of the universities, within the bounds of this church. But it is provided, that no student in such circumstances, shall be ad¬ mitted even to those private trials, which are appointed to be taken before the writing of the circular letters, sooner than six kalendar months after his arrival in Scotland. 9. Or¬ dained, that if a presbytery propose to take a student upon public trials, and have, with that view, written the circular letters, as is herein required, public intimation thereof shall be made at some diet of the next meeting of the provincial synod, which shall not be the last diet thereof: And the pres¬ bytery clerk is hereby required to transmit to the synod clerk, an extract of the certificate or certificates laid before the pres¬ bytery in favour of the student, in order that the same may be produced at this diet of the synod. Likewise ordained? That at some subsequent diet of the synod, particular in¬ quiry be made whether any of the members of the court has any objection to offer against the student being entered upon public trials: And that the synod then, taking into consider- tion the extract produced, and the whole of the case, shall judge of the expediency of allowing the presbytery to admit the student on trials : Or, if in any case the presbytery clerk fail to transmit the extract of the certificates above mentioned, the student may produce to the synod, by himself, or by any member of the court, the extract of the same, which by this act he is entitled to obtain. 10 . If the synod allow the stu¬ dent to be taken upon public trials, the presbytery shall pro¬ ceed thereupon with all convenient speed : And ’tis appointed that the following trials be taken of the student, and in the order therein mentioned: — Catechestic trials on divinity, 236 PROBATIONERS. I chronology, and church history :—A trial on the Hebrew and Greek languages:—An exegesis in Latin on some contra- verted head in divinity:—A homily in English :—An exer¬ cise and addition:—A lecture on some large portion of scrip¬ ture :—A popular sermon; it being understood, that if the presbytery see cause, they may examine the student upon the subject of these several discourses. 11. The student having gone through the several trials which are mentioned in the foregoing section of this act, the presbytery are ordained to proceed in the following order: 1. They shall deliberately, and seriously, take a conjunct view of the whole trials ; and, if they shall be of opinion, that the student is not properly qualified to perform the duties incumbent upon a preacher of the gospel, they shall by no means grant him a licence in his present circumstances. 2. If, upon this review of the trials, the presbytery are fully satisfied therewith, they shall record this opinion in their minutes. 3. The presbytery shall then propose to the student the questions that are appointed to be put to all who pass trials by Act 10. Ass. 171 l a , and require him to subscribe the formula which is prescribed by that act. And all presbyteries are strictly prohibited from licensing any student to preach the gospel, who shall not give explicit answers to these questions, and subscribe that formula. 4. The presbytery shall order Act 8. Ass. 1759 b , against simoni- cal practices, to be read to the student in their presence. Lastly, the presbytery shall appoint their moderator to license the student to preach the gospel, and ordain their clerk to furnish him with an extract of their licence. 12. Ordained, That this act be printed among the other printed acts: That it be printed by itself, in some convenient form : That a copy of the separate edition be transmitted to each professor of di¬ vinity in the universities of Scotland ; and that they shall read the same in their respective halls once at least during every session, and at such times as they have reason to expect the a Supra, 3. ,J Simony, 2. PROCESS. 237 attendance of the greatest number of students for that session; and that a copy of the same edition be likewise transmitted to the clerks of each synod and presbytery within the bounds of this church, and that the said clerks keep the same along with their minutes, and bring it up to each meeting of their respec¬ tive courts, for the use of the members— Act 3. Ass. 1813. PROCESS*. I. Appointed, That all processes or other papers be deliver¬ ed to the clerk, in the intervals betwixt the diets of the as¬ sembly’s meeting; and declared, that such as shall be other¬ wise delivered, shall be laid aside for that diet.— Act 7. Ass. 1694, II. A committee is appointed, to concert and prepare a form of process, for regulating the procedure of church-judicatories for the future, and to report to the commission, and they to transmit the same to the several presbyteries for their opinion, to be reported to the next assembly: And ’tis recommended to the commission, to cause again revise the printed overtures for discipline, with the amendments, and cause reprint and transmit the same to the several presbyteries, for their opi¬ nions, to be also reported to the next assembly .—Act 25. Ass. 1704. III. The foresaid form of process in the judicatures of this church, with relation to scandals and censures, is ratified and approven, and ordained to be observed, as fixed binding rules and directions in the whole matters therein contained, except the 7. 8. 9. Paragraphs of Chap. 4. and what concerns the pressing of the oath of purgation. As to which, ’tis only recom¬ mended to church-judicatories, to regulate themselves accord¬ ing to the advice therein insinuated, as they shall find most for edification.— Act 11. Ass. 1707. * See Competency of Church Judicatures. PROFANENESS. a 38 PROFANENESS *. I. Ministers and people are exhorted to the religious exer¬ cises of public and private worship, and to the duties of mu¬ tual edification, and charged to endeavour the suppressing of all impiety, and the mocking of religious exercises, and to es¬ chew all meetings which are apt to breed error, scandal, schism, neglect of duties, and particular callings, and such evils; and the execution of this act is remitted to synods and presbyteries. See at large Act Sess. 10. Aug. 4. Ass. 1641. II. All ministers, and all who fear God, are exhorted and required to have on their hearts a deep, humbling, and soul- affecting sense of the gross and abominable sins and vices that abound in this nation, and be much in prayer and supplication before God on this account; and that all the ministers of this church preach plainly and faithfully against these vices, and denounce the threatened judgments of God against such evil doers, and deal earnestly and much with their consciences, to bring them to a conviction and sense of their sin and danger ; and church-judicatories are appointed faithfully to exercise church-discipline against all such scandalous offenders, with that gravity, prudence and meekness of wisdom, as by the blessing of God, may prove an effectual mean of reforming and recovering the guilty, and of preventing the like sins in others. And ? tis required, That care be taken in the receiv¬ ing of servants, and that they have testimonials of their ho¬ nest and Christian behaviour, and that the same be required of all others who flit and remove from one parish to another. And ’tis appointed, That the ministers and elders in each congregation take care, that the worship of God be perform¬ ed in the several families thereof; and if any family be found which neglecteth this necessary duty, the head of that family is to be gravely, seriously, and earnestly admonished until he * Sec Lord’s Day. FROFANENESS. 5239 amend In's fault: And ’tis recommended to ministers and kirk- sessions, That none be ruling elders who make not conscience of this necessary and unquestionable duty, and no grossly ig¬ norant and scandalous person be admitted to the Lord’s table. And ’tis recommended to ministers and kirk-sessions, That * they carefully apply to the several magistrates of their bounds, that the acts of parliament against profaneness may be put in execution, and particularly the act of parliament 1693, 40. And this act is ordained to be publicly read and intimated in in all churches .—Act 13. Ass . 1694. III. In the first place, all the people of this church and na¬ tion are, in the awe and dread of the great God who will not hold them guiltless that break any of his commands, beseech- cd, warned, and obtested to break off their sins by repentence, and seriously, in the fear of the Lord, to apply themselves to a sober, conscientious, Christian, and circumspect walk in all manner of conversation, as becomes the professors of the glo¬ rious gospel of the blessed God, and of that religion which is pure and undefiled, as they would not incur the heavy dis¬ pleasure and just indignation of the Holy One, in being ex¬ cluded for ever from seeing his face in peace, and pull down his temporal judgments upon themselves, and upon the land. And next, all the ministers of this church are required, freely and faithfully to preach against the enormous sins of profane and idle swearing, cursing, Sabbath-breaking; profane with¬ drawing from, and contempt of gospel ordinances; yea oppos¬ ing the dispensing of them, by hindering the planting of churches, and discouraging the endeavours of others for cal¬ ling and fixing a faithful gospel ministry among them; mock¬ ing of piety and religion, and the exercises thereof; fornica¬ tion, adultry, drunkenness, excessive tippling, deism, blasphe¬ my, and other gross abominable sins, as the crying sins of the time; that people may be brought to a conviction and sense of their heinousness and danger, and may reform, not only for fear, but for conscience. And ’tis appointed, That presbyteries and kirk-sessions faithfully and impartially exer- 240 rnoFANF.NESS. cise church-discipline against all such scandalous offenders, and use all suitable means in dealing with their consciences to bring them to an unfeigned repentence and reformation: And *tis recommended to ministers and members of kirk-sessions, from a true zeal for God, to hold hand to the delating, inform¬ ing against, and punishing of all profane transgressors, with¬ out respect of persons, by civil punishments, conform to the acts of parliament made in that behalf; and that they record their diligence in their session-books, that the same may be seen by their presbyteries, who are required to make enquiry therein, at their visitation ; and lest any be found backward in in performing their respective duties, from an unwillingness to displease or disoblige persons of note, who may happen to be guilty, all ministers and elders, and all Christians are ex¬ horted to remember, that in this matter they have to do with the great and terrible God, whose honour is to be preferred, and whose wrath is to be feared, before all other considera¬ tions whatsoever: And ’tis overtured, That whatever minister or member of kirk-session be found faulty in neglecting to pursue the foresaid scandal in their stations, the said mi¬ nister or member of kirk-session be complained of, and censured by the presbytery for the first fault, and that the censure be recorded; and that the second negligence be delat¬ ed to, and censured by the synod; and that for the third neg¬ lect, they be censured by the synod with suspension, to be re¬ corded in the synod-register; and this overture is turned into an Act infra Ass. 1699. And ’tis recommended to each mi¬ nister or kirk-session, who shall find cause to complain of a magistrate for negligence in executing the said laws, or for refusing deputation and commission to such persons as are duly elected and presented to them from parishes where there is no ordinary magistrate residing, conform to act of parlia¬ ment 1696, 31. That they acquaint their presbyteries there¬ with, and that the said presbytery having used all previous means, in dealing with the consciences of the said magistrates, without any good effect, do, with the kirk-agent, thereafter PROFANENESS. 241 pursue the said negligent or refractory magistrate before the Lords of Council and Session, according to the foresaid acts of parliament, and that this act be read in all churches within this kingdom twice a-year from the pulpit, viz. upon the first Sabbaths after Whitsunday and Martinmas yearly .—Act 11. Ass . 1697. IV. Some overtures against profaneness transmitted by Act 15. Ass. 1698, are thus approven : 1. All ministers are besecchcd, exhorted, and required, in the awe and dread of God, by the coming of our Lord Jesus Christ, and our ga¬ thering together unto him, that they take heed to themselves, and to their doctrine, and endeavour to be examples to the people in all piety, purity, and holiness, in all manner of con¬ versation. 2. That they be frequent and fervent in secret prayer for themselves and the people committed to them, joining sometimes fasting with prayer: And ’tis recommend¬ ed to ministers and elders in their several parishes, and mi¬ nisters in their several presbyteries, to meet sometimes toge¬ ther in their parishes and presbyteries respective , for private fasting and prayer, and conference anent the state of the church, and that part of it in which they have special interest, with respect to the growth or decay of godliness, and success of the gospel therein. 3. That presbyteries be more accu¬ rate in managing their pi'ivy censures, and that a day be set apart for that purpose only, and spent in prayer and fasting together. 4. That presbyteries be very cautious in admit¬ ting intrants to the ministry, and be accurate and exact in the trial, not only of their literature, but of their piety, pru¬ dence, and former godly conversation and walk. 5. That ministers be painful in catechising, frequent in visiting fami¬ lies, and in private personal conference with those of their charge, about the state of their souls, and that ministers be more frequent in the administration of the Lord’s supper, and always edifying in their converse and discourse, and that they deal with heads of families to engage them to piety, and a care to reform their families, and to set up and keep up the H h 24.2 I’ROFANENESS. worship of God therein ; and in particular, that ministers en¬ deavour by all prudent and gaining gospel methods, to engage persons of honour and power to fall in love with holiness, and to reckon it, as indeed it is, their greatest honour; and that in dealing with such of them as are vicious, an humble, and yet holy boldness and zeal be used in admonishing them, in order to their recovery; and that herein presbyteries appoint soma others of their number to concur with the minister of the place as may be most for edification. 6. ’Tis recommend ¬ ed, That kirk sessions and presbyteries be vigorous, impar¬ tial, and yet prudent, in the exercise of church-discipline, a- gainst all immorality, especially drunkeness and filthiness, cursing and swearing, and profaning the Lord’s day, which too much abound ; and that they apply to magistrates for ex¬ ecuting the good laws against imniorality and profaneness. 7* ’Tis recommended to all ministers, where the people sit too long in taverns, especially on the Saturday’s night, through which some neglect the public worship of the Lord’ds day in the forenoon, and others attend the worship drowsily, that they represent to the people, both publicly and privately, the sin and evil thereof, and call them to redeem that time which they have free from business, and to employ it for converse with God about their soul’s state, and in preparation for the Sabbath, which will yield more delight than all sensual pleas¬ ures can do; and all magistrates of burghs are exhorted to be assistant to ministers in enquiring into, and reforming such a- buses. And sicklike, the foresaid Act 8. Ass. 1697, against profaneness is revived; and the overtures therein contained anent censuring such ministers and members of session, as are negligent in pursuing scandals, is approven; and the punctu¬ al observation of the said acts and overtures, and obedience thereto, by all presbyteries, ministers, elders, and sessions, as they are concerned in their several stations, is recommended and enacted .—Act 7. Ass. 1699. V. ’Tis recommended to the commission, to appoint some of their number, with the clerk, to draw up an abstract of ali Pit O FANE NESS. 243 the acts of assemblies against profaneness and immorality, both before and' since the late revolution, which being revised by the commission, may be by them ordered to be printed, toge¬ ther with the abstract of the acts of parliament against pro¬ faneness, in a small volume; and each presbytery is enjoined twice a-year at least, at diets appointed in hunc ejjectum , to read these, and to enquire at each minister what is done by them for execution thereof; and every synod is ordained to take a strict account of the diligence and faith fulness .of presby¬ teries therein: And ’tis recommended to all presbyteries to think seriously what may be further needful for restraining of wickedness, and advancing of piety and the kingdom of Christ in the nation, and to send in their opinions concerning the same, to the immediate subsequent assembly, who might take these into their serious consideration, and make this their chief and first work.— Act 11. Ass. 1704. VI. All magistrates, ministers, and elders arc seriously ex¬ horted in their respective capacities, to hold hand to the exe¬ cution of the laws against profaneness, according to the Act 11. Ass 1697 a , and Act 7. Ass. 1699 b , made against profane¬ ness ; and particularly, ’tis recommended to ministers and kirk-sessions, to apply to the civil magistrate in that matter, as the law allows and requires; and upon the inferior magis¬ trate’s neglect or refusal to put the laws against profancncss in execution, that the kirk-session, with concurrence of the presbytery, complain to the government for redress, according to law : And lastly, ’tis recommended to presbyteries, to en¬ quire diligently at their privy censures and parochial visitations, how ministers and kirk-sessions have obeyed this recommen¬ dation.— Act 15. Ass. 1706. VII. Queen Anne’s proclamation against profaneness dated Aug. 18. 1708, with the abbreviate of the laws subjoined thereto; as also, the Act 13. Ass 1694 c , Act 11. Ass. 1697 d . Act 7. Ass. 1699 e , and Act 7. Ass. 1697 f , arc appointed to a Supra, 3. b Supra, 4. c Supra, 2. * Supra, 4, - 1 Worship Private, 4. d Supra, 2, PIIOFANENESS# 244 be reprinted in a small volume, and a copy thereof sent to every parish and kirk-session, presbytery and synod in Scot¬ land ; and the said proclamation and abbreviate are appoint¬ ed to be read from the pulpits of all the churches in Scotland, on a certain day mentioned in the act, and thereafter as often, and at such times as the several synods and presbyteries shall judge it needful and convenient; and synods and presbyteries are ordained to record their diligence in this matter in their books. —Act 5. Ass 1714. VIII. King George I.’s proclamation against profaneness, as also the abbreviate of the laws against immorality are ap¬ pointed to be read in all the churches on a certain day; and Act 5. Ass. 1714, immediately above written ; as also Act 11. Ass. 1714 a . are renewed .—Act 13. Ass. 1715. IX. Slackness and partiality in the exercise of discipline, and untenderness in the walk and conversation of the office¬ bearers of the church, being considered as contributing to the increase of vice and immorality, neglect of the ordinances of religion, and profanation of the Lord’s day; therefore mini¬ sters are exhorted and required to take heed to themselves and to their doctrine, and to be exemplary to their people in so¬ briety, righteousness and holiness, abstaining from all appear¬ ance of evil: And in like manner, elders and deacons are ex¬ horted and required to be faithful in the discharge of their re¬ spective offices, tender and circumspect in their walk, and punctual in their attending upon ordinances, and strict in their observation of the Lord’s day, and in regularly keeping up the worship of God in their families: And ’tis appointed. That the judicatories of the church take good heed, that none be admitted to, or continued in these offices, but such as are found qualified, and behave themselves as above required ; and kirk-sessions, presbyteries, and synods are appointed strictly and impartially, to observe this and former acts of assembly, relative to office-bearers in the church; and presbyteries are a Papists, 16 . FltOFANENESS. 245 appointed at their privy censures, to enquire into the behavi¬ our of their members, and of all the elders and deacons in their bounds, with respect to the premises; and synods are appointed to enquire into the conduct of presbyteries; and both are required to record their diligence herein, that the same may be reported to the general assembly by the visitors of synod-books.— Act 9. Ass. 1722. X. Appointed, That the abbreviate of the laws and acts of parliament against profaneness be reprinted, and copies there¬ of sent to ministers to be read from the pulpits of their re¬ spective churches,— Act 9. Ass. 1746. XI. Act 13. Ass. 1694 a revived: And further appointed, That the abstract of the laws against profaneness and immo¬ rality be reprinted, and that all kirk-sessions provide them¬ selves with copies thereof, and have meetings to consider the most proper methods for obtaining the execution of these laws; and that ministers frequently in their sermons persuade and direct Christians in general to contribute their endeavours, and take the best methods to strengthen one another’s hands in this important work; and that presbyteries and synods en¬ quire, at their diet for privy censures, into the diligence of ministers and sessions in this matter.— Act 13. Ass. 1746. t PROFESSORS OF THEOLOGY * *. I. That professors of divinity and ministers shall not, by their demission of, or cessation from, their charge through age and inability, be put from enjoying their old mainte¬ nance and dignity.— Act Sess. 5. July 30. Ass. 1641. II. If professors of theology in universities be ministers, they may be chosen commissioners to general assemblies, either by the presbytery as ministers, or by the university as profes¬ sors of divinity.— Act Sess. 3. Aug. 4 Ass. 1643. a Supra, 2. * Ministers, Transportations, 1. § 3, Probationers, 16. 17. Schools, 4. Doctrine, 5. 246 PSALMS. III. That provincials diligently consider and try, who with¬ in their bounds most probably may be fit for a profession in the schools, and report their names to the general assembly, that such may be stirred up and encouraged by the general assem¬ bly, to compose and frame their studies, that they may be fit¬ ted for such places.— Act Sess. ult, Feb. 13. Ass. 1645. IV. For keeping the universities pure, and provoking the professors of divinity to greater diligence, they are desired to present to the next assembly their dictates of divinity, and the professors present to give intimation to the professors absent; but the determination of an overture proposing it as a con¬ stant and perpetual order, that each professor in the universi¬ ties within this church and kingdom, bring with them, or send with the commissoners to the general assembly, a perfect and well written copy of his dictates, to be revised by the general assembly, or such as they shall appoint for that work, ilk year, is continued till the next assembly.— Sess. ult . June 18. Ass. 1646. PSALMS *. I. A commission is granted to some brethren, to examine the paraphrase of the psalms sent from England; to observe what they think needs to be amended, and set down their own essay for correcting thereof; and for that effect, ’tis recom¬ mended to them to make use of the travails of llowallan, ' Mr Zachary Boyd, or any others on that subject; but especially, our own paraphrase; and chuse what they find best in any of these works; And likewise, to make use of the animadver¬ sions sejnt from presbyteries, and to report their labours to the commission of that assembly; who, after revising thereof, shall send the same to provincial assemblies, to be transmitted to presbyteries, that by their further consideration, the matter may be fully prepared for the next assembly; empowering them also to turn these psalms, which in the English para¬ phrase are turned to verses not agreeing with our common * See Highlands, 5. § 6. PSALMS. 247 tunes, to verses agreeing thereto; And his recommended to Mr Zachary Boyd to translate the other scriptural songs in metre; and to report his travails also to the commission of that assembly ; that after their examination thereof, they may send the same to the presbyteries, to be there considered, until the next general assembly.— Sess. 25. Aug. 28. Ass. 1647. II. Row’s paraphrase of the psalms, with the corrections thereof, given in by persons appointed by the preceding assem¬ bly for that purpose, sent to presbyteries to be revised and sent, with their corrections, to the commission, who are to re¬ examine the animadversions of presbyteries, and prepare a re¬ port to the next assembly : And two brethren appointed to re¬ vise Mr Zachary Boyd’s labours upon the other scripture songs, and to report to the commission; who, after examina¬ tion, are to report to the next assembly.— Act Sess. 38. Aug. 10. Ass. 1848. III. Some ministers are appointed to correct and examine the new paraphrase of the psalms in metre, with the correc¬ tions and animadversions thereupon, sent from severafpersons and presbyteries; and to report to the commission, who, after perusal and re-examination thereof, are authorised with full power to establish the paraphrase, and to publish and emit the same for public use.— Act Sess. ulU Aug. 6. Ass. 1649. IV. ’Tis recommended to all congregations and families who worship God in the Irish language, to make use therein of the paraphrase of the psalms in Irish metre, approven and emitted by the synod of Argyle, conform to the act of the ge¬ neral assembly 1690 a ; and that where preaching and prayer are used in Irish, the singing of psalms, at the same diet, in a different language be foreborn thereafter, as an incongruous way of worshiping God; as also, to make use of the transla¬ tion of the shorter catechism of this church in Irish, bound with the said psalms in one volume, as an uniform mean of catechising the people.— Act 20. Ass. 1694. V. Recommended to the several presbyteries of this church, a Highlands, 5. 248 PSALMS. to eiideavour to promote the use of the scriptural songs in private families within their bounds, according to the recom¬ mendation of the late assembly, and to facilitate the assem¬ bly’s work in preparing the said songs for public use; recom¬ mended to presbyteries to buy up the printed copies of the said songs, and compare them with the originals, and make further amendments thereon; and the amendments already made thereon, are ordained to be printed and transmitted.— Act 4. Ass. 1706. VI. The revising of the scriptural songs is recommended to presbyteries, and they are desired to transmit their opi¬ nions respecting them to the next assembly; and in the mean time a committee, nominated by the commission of last as¬ sembly, for revising the same, is renewed. —Act 16. Ass. 1707. VII. The commission is appointed to consider the printed version of the scriptural songs, with the remarks of presby¬ teries thereupon; and after examination thereof, they are empowered to conclude and establish that version, and to publish and emit it for the public use of the church, as was formerly done on the like occasion, when our version of the psalms was published, in the year 1649 a : And recommend¬ ed to ministers and others, to buy up for private use, in the mean time, the copies of them that are lying on the author’s hands .—Act 15. Ass . 1708. VIII. Recommended to presbyteries to use endeavours to have such schoolmasters chosen as are capable of teaching the common tunes; and that the said schoolmasters not only pray with their scholars, but also sing a part of a psalm with them, at least once every day .—Act 17. Ass. 1713. IX. The consideration of the pieces of sacred poetry, en¬ titled, “ Translations and Paraphrases of several passages of Scripture b ,” is remitted to presbyteries, in order to their a Supra, S. b These Translations and Paraphrases have long been introduced into public worship, and are in general use throughout Scotland. PUBLIC ENEMIES. 24 9 transmitting their observations to the next general assembly; that they, or any subsequent assembly, may give such orders about the whole affair, as they shall judge for edification; and this resolution is appointed to be fixed to the impression. —Act 6. Ass. 1745. X. ’Tis recommended to private families, That in their religious exercises, in singing the praises of God, they go on without the intermission of reading each line: And ’tis re¬ commended to the schoolmasters in the several parishes, that they be careful to instruct the youth in singing the common tunes .—Act 8. Ass. 1746. PUBLIC ENEMIES. I. Presbyteries and synods respective , are ordained to pro¬ ceed against the principal actors in that rebellion in the north and south with the highest censures of the kirk, if they give not satisfaction by public repentance; and when the sentence of excommunication should be pronounced, the said judica¬ tories are discharged to relax any of them from the sentence, without the advice of the general assembly or commission nisi in extremis; to whom also the said presbyteries and sy¬ nods are appointed to be answerable for their diligence in the premises, as they shall be required: And recommended to parliament, to cause take such course, as the persons guilty may be exemplarily punished, according to the demerit and degree of their offence.— Sess. 6. June 3. Ass. 1644. II. ’Tis appointed, That such as, after lawful trial, shall be found to have been in actual rebellion, and to have carried charge with the rebels, to have accepted commissions for raising horse or foot to them, or have otherwise assisted them in manner mentioned in the act; shall humbly acknowledge their offence upon their knees, first before the presbytery, and thereafter before the congregation, upon a Sabbath, in some place before the pulpit; and in the mean time, be suspended from tha Lord’s supper: And in case they do not satisfy in manner foresaid, that they be processed with excommunica- I i 25 0 PUBLIC ENEMJES. tion : And such as have been guilty of any of the gross de¬ grees of compliance expressed in the act, shall acknowledge their offence publicly before the congregation, and be sus¬ pended from the communion, aye and while they do the same; and that all persons in any ecclesiastic office, guilty of any of these degrees of compliance, be suspended from the office, and all exercise thereof, for such time as the quality of the offence, and the condition of the offenders, shall be found to deserve: And presbyteries are declared to have a latitude and liberty to aggrege the censures above specified, accord¬ ing to the degrees and circumstances of the offences: And the same latitude and liberty is given to the commissioners of the assembly for public affairs; who have also power to try and censure the offenders in manner above expressed, and to take account of the diligence of presbyteries therein.— Act Sess. 14. June 17. Ass. 1646. III. That no person guilty of compliance, in the first class mentioned in the above act, be received into any ecclesiasti¬ cal charge, until the evidence of his repentance, before the presbytery and congregation, be reported to the synod to which he belongs, and to the general assembly, and their consent obtained to his bearing office; and that any such per¬ son already received into the eldership of any particular con¬ gregation, be not admitted to be a member of any presbytery, synod, or general ssembly, until (upon evidence of his re¬ pentance) the consent and approbation of these judicatories respective be obtained.— Act Sess. 27. Aug. ult. Ass. 1647. IV. That all those who joined in the unlawful engagement in war against England, and were censured by the commis¬ sion of the general assembly 1648, with suspension, from the renewing of the covenant, and from the ordinance of the Lord’s supper, and withal, who do not by their addresses to church judicatories, testify their dislike thereof, be processed, and continuing obstinate be excommunicated ; but, if withal they go on in promoting malignant designs, that they forth- PUBLIC MONEY. 251 with be excommunicated.—See this at large in Act Sess. 19. July 20. Ass. 1649. V. Appointed, That presbyteries enquire into the behavi¬ our of the office-bearers in the church, during the late unna¬ tural rebellion (1745), and prosecute offenders; and, in case of difficulty, to take the advice of the synod of the bounds, or the commission of the general assembly: And recom¬ mended to ministers and presbyteries, to call before them all others that may have been guilty as aforesaid, and to censure them according to the degree of their offence, and as they judge for edification.— Act 10. Ass. 1746. PUBLIC MONEY*. I. ’Tis recommended to his Majesty’s commissioner to re¬ quest his Majesty, that he would command that the signature of L. 500 sterling yearly, dedicated and gifted by him, to be bestowed on public, necessary, and pious use of the kirk, at the sight of the general assembly, might be sent to this king¬ dom, and delivered to the commissioners of this assembly, or the procurator for the kirk.— Act Sess. 11. Aug. 5. Ass. 1642. II. ’Tis enacted, 1. That of her Majesty’s yearly allow¬ ance for defraying the public charges of the church’s affairs, and paying the salaries of the church’s public servants, there be always the sum of L. 100 sterling in reserve, for answering any extraordinary emergents in the church’s affairs. 2. That Sio commission of any assembly, in time coming, shall have power, and they are discharged to dispose of any more of the church’s money, but of one year’s allowance only, reckoning the commencement of the year from the 24th of June in the year preceding. 3. That each year’s allowance be applied, in the first place, for defraying the stated annual charges of the church quarterly, and the necessary exigents of every par¬ ticular year; that is, in such matters only, as during that time shall occur, which do immediately and directly concern the * Sec Highlands, 19. 23. Probationers, 24. 252 PUBLIC MONEY. public interest of the whole church in general, and any ar- rears of these that shall happen to be resting; and, in the next place, for payment of the bygone debts of the church then resting: And the assembly discharges any new orders to be given, or precepts to be drawn upon any other accounts, until all the church’s debts be paid; but after payment of all prior debts, that which remains of each year’s allowance, may be bestowed to such other uses of the church, as shall be judged most proper. 4. ’Tis declared, That no appoint¬ ments on the procurator or agents for the church, to manage processes for particular synods, presbyteries, or ministers, shall, in time coming, warrant the agents to lay out any mo¬ ney therein, except there be a special order of assembly, agree¬ able to the present rules, expressly appointing them to that eifect. 5. L. 12. 10s. quarterly, as the money comes in, is appointed to be lodged in the hands of one of the agents for the church, for defraying the said incident charges, for which they are to make an account at each assembly; and if any balance shall be found due to them, the same shall be paid to them, and the sum of L. 12. 10s. further: Or if the ba¬ lance that shall be found due by them shall not extend to that sum, the said sum shall be made up to them out of the first money that comes in after clearing their accounts. And, lastly, the receiver of the church’s money, in debursing there¬ of, 'is appointed strictly to observe the foresaid rules; and he is discharged to make payments in any other manner or or¬ der, as he will be answerable to the assembly.— Act 7. Ass, 1712. III. The assembly discharges the applying of any of the church’s public money, toward the payment of the expenses of processes for stipends, except in parishes where Popery abounds, or such as shall be recommended, both by the pres¬ bytery and synod to which the parish belongs, and the case be laid before the assembly, and their particular order given for that effect before the commencement of the process : And ’tis resolved and declared, That for thereafter no new warrants or public: money. 25 S orders shall be'granted for payment of any money to any per¬ son whatsoever, except to preachers sent to supply the north for their allowances. And the assembly discharges the clerk of assembly or sub-clerk to write out, or the moderator of that, or subsequent assemblies to subscribe any orders or war¬ rants, for payment of any new grants out of the church’s yearly allowance, until all former debts already contracted be first paid. And they resolve and declare, That at no time thereafter any warrants for money shall be granted, until it be known, there is as much in the hands of the receiver of the church’s money, as will be sufficient to answer the same. And they appoint the above Act 7« Ass. 1712, to be punctu¬ ally observed; and appoint the procurator for the church, when any demands for money come before the assembly or commission, to acquaint them with the state of their funds, and to read the foresaid Act 7. Ass. 1712, and this present act to them. And the committee chosen by each assembly for auditing and revising the church’s public accounts, are discharged to propose either the giving of money, or precepts for money, exceeding that part of the year’s allowance be¬ longing to that assembly which is free and unappropriated j and they are appointed to bring their report first to the com¬ mittee for overture^ before it be brought into the assembly : And they are also appointed to cause this present act, and any new regulations that shall be made about money, to be read to them yearly; and to reject all petitions and demands not in the terms thereof; and to report an account of any breach¬ es that shall be made therein to the assembly .—Act 8. Ass. 1719. IV. Appointed, That not only no more orders upon the church’s public money shall be granted by general assemblies and commissions, until all the claims already stated be first paid ; but also, seeing that now the vacancies in the north, the Highlands, and Islands, are for the most part planted, and that when any vacancies in these places shall happen, it will be more easy to get the same planted than formerly it PUBLIC MONEY. 254 was; therefore Art. 5. Act 8. Ass. 1698% Art. 6. Act 11. Ass. 1699 b , and Act 5. Ass. 171.5 c , are repealed and rescind¬ ed.— Act 8. Ass. 1723. V. Act 7. Ass. 1712 d , and Act 8. Ass. 1719 c , are ordered to be reprinted by Act 5. Ass. 1761. VI. ’Tis ordered, That all applications for a share of the public money in time coming, shall be transmitted to the agent for the church with the grounds of the claims, on or before the 1st of May yearly, that the same may be laid be¬ fore the procurator, who is appointed to give a short state of the case, and report the same, with his opinion thereon, to the next general assembly at their third sederunt; with the cer¬ tification that all petitions or applications for money, not lodged in terms of this act, shall not be received by that as¬ sembly, but left in the agent’s hands, to be considered and re¬ ported to the assembly in the year thereafter. And 'tis re¬ commended to all presbyteries, to pay the greatest attention to Act 8. Ass. 1719 f , which is ordered to be reprinted.—- Act 6. Ass. 1763. VII. Recommended, That a general contribution be made in aid of the funds of the church, in the several presbyteries, by the ministers and elders of the church; and directed, that the sums received be remitted to the moderators or clerks of presbyteries, to the procurator for the church, to be by him reported to the next assembly.— Act 10. Ass. 1810. VIII. Recommended earnestly to the ministers of all the presbyteries of the church, the annual contribution of five shillings, suggested as the only remedy which occurs for re¬ lieving the funds of the church from their present difficulties : Enjoined, That printed copies of this recommendation be transmitted to all the moderators of presbyteries, accom¬ panied with a letter from the moderator of the assembly en¬ forcing it; and presbyteries are enjoined to take up the con- a Highlands, !9. b Ibid. 23. c Probationers, 24. d Supra, 2. e Supra, 3. I Supra, 3. QUAKERS—-REFERENCES. 255 sidoration of the subject, not later than the day on which they meet to elect their members to the assembly .—Act 1 ]. Ass. 1816. Q. QUAKERS. ’Tis recommended to all provincial synods, presbyteries, ministers and kirk-sessions, to use all proper means for the reclaiming of Quakers from their abominable heresies; and in case of their obstinacy, to proceed against them with the cen¬ sures of the church; and especially against the ringleaders, that are traffickers for seducing others .—Act 10. Ass. 1695. R. REFERENCES *. I. That Act Sess. 23. Aug. 30. Ass. 1639 a , anent repeals, be extended to references; and in appeals and references of particular concernment, if all the parties having interest, have been present in the inferior judicatory, when the appeal and reference w r as made, then there is no necessity of citation; but in case of their absence, citation of parties is so necessary, that if it be wanting, appeals and references should not be re¬ ceived.— Aug. 3. Ass. 1643. II. Recommended to presbyteries and provincial assem¬ blies, to consider all the matters referred by preceding assem¬ blies, to the consideration of presbyteries, and to report their * See Appeals, 2. Overtures, 2. Ordering Assembly House, 4. Scandals, 12. Citation. a Appeals, I, 256 REGISTERS. opinion therein to the assembly.— Sess. ult. June 18. Ass. 1646. III. That presbyteries and provincial synods consider all references of this and preceding assemblies, and send in their opinion in writing to the next general assembly.— Sess. ult. Aug. 12. Ass. 1648. IV. Recommended to presbyteries and provincial assem¬ blies, to consider all matters referred by this, or by any for¬ mer assembly, and send in their opinions therein in writ to the next general assembly.— Sess. ult. Aug. 6. Ass. 1649. REGISTERS *. I. The registers of the general assemblies of the church of Scotland, beginning December, 1560, and ending in the year 1590, contained in five books, the first beginning at the as¬ sembly held 20 December, 1560, and ending at the fourth session of the assembly held 28 December, 1566. The second beginning at the general assembly held the 2 June, 1567, and ending at the fourth session of the assembly held at Perth the 9 August, 1572, both subscribed by John Gray, scribe. The third, being a register of the assembly held at Edinburgh the 7 August, 1574, and ending with the 12 session, being the last session of the assembly 1579. The fourth beginning at the assembly held at Edinburgh 10 May, 1506, and ending 17 session of the assembly held in March, 1589. The fifth and greatest volume beginning at the assembly held anno 1560, and ending in the year 1590, are approven by the as¬ sembly, upon report of a committee appointed by them for trial thereof, and the reasons of their approbation are set down at length in Act Sess. 6. 7. Nov. 27. 28. Ass. 1638. II. An old register of assembly, beginning at the assembly held at Edinburgh 6 March, 1572, and ending at the assem¬ bly likewise held at Edinburgh in 1573, is approven, and or¬ dained to make faith as an authentic register of the kirk of O * See Commission Book. Synods, 3. Synod Books. REGISTERS. 257 Scotland, upon the testimony of a committee appointed for the revising thereof, which is subjoined to the Act Sess. 18. Aug. 26. Ass. 1639. III. All provincial synods and presbyteries are required to be careful in revising the registers of the judicatures under their immediate inspection, and that they appoint a compe¬ tent number of the most fit and experienced ministers for that work, and when they find nothing to challenge in any regis¬ ter, they give the same the attestation following: “ The pro “ vincial synod of-—, having heard the report of those “ appointed to revise the presbytery-book of-, and hav- “ ing heard the remarks thereupon, and the said presbytery’s “ answers thereto: And it having been enquired by the mo- P 298 SYNODS. Penport, Lochmaben, Middlebee.—Bounds, Nithsdale, An- nandale, Ewesdale, Wauchopdale, and a part of Galloway. 5. Of Galloway, containing the presbyteries of Wigton, Kircudbright, Stranraer.—Bounds, Sheriffdom of Wigton, Stewartry of Kirkcudbright. 6. Of Air or Irvine, containing the presbyteries of Air, Ir¬ vine.—Bounds, Sheriffdom of Air. 7. Of Glasgow, containing the presbyteries of Paisley, Glasgow, Lanark, Dumbarton, Hamilton.—Bounds, Shire of Lennox, Barony of Renfrew, Shire of Cliddesdale Over and Nether. 8. Of Argyle, containing the presbyteries of Dunmoor, Kinloch, Sky, Inverary, Kilmoir.—Bounds, Sheriffdoms of Argyle and Bute, with a part of Lochaber. 9. Of Fife, containing the presbyteries of St Andrews, Kirkaldie, Cupar, Dunfermling.—Bounds, Sheriffdom of Fife, 10. Of Angus and Mearns, containing the presbyteries of Aberbrothick, Meigle, Dundee, Forfar, Brechin, Mearns.— Bounds, the Sheriffdom of Forfar and Mearns. 11. Of Aberdeen, containing the presbyteries of Aberdeen, Kincardine, Alfoord, Deer, Ellon, Turreff, Fordice.—Bounds, the Sheriffdom of Banff and Aberdeen. 12. Of Murray, containing the presbyteries of Inverness, Forres, Elgin, Strathbogie, Abernethy, Aberlour.—Bounds, part of the Sheriffdoms of Inverness, Nairn, Murray, Banff, and Aberdeen. 13. Of Boss, containing the presbyteries of Chanonrie, Tain, Dingwall.—Bounds, part of the Sheriffdom of Inver¬ ness. 1 -1. Of Caithness, containing the presbyteries of Dornoch, Wick, Thurso.—Bounds, Caithness, Sutherland. 15 . Of Orkney and Zetland , containing the presbyteries of Kirkwall, Scalloway.—Bounds, the Sheriffdom of Orkney and Zetland. 16. Of the Isles. All the kirks of North-west Isles, viz. SYNODS. 299 Sky, Lewis, and the rest of the Isles, whicli were liable to the diocese of the Isles, except the South-west Isles, which are joined to the presbyteries of Argyle. That such of these synodical assemblies as are nearest to others have correspondence among themselves, by sending one or two commissioners mutually from one to another, as follows, viz. the provincial synods of Lothian and Merse, &c.; the provincial synods of Dumfries, Galloway, and Argyle; the provincials of Perth, Fife, and Angus, &c.; the provin¬ cials of Aberdeen and Murray; the provincials of Ross, Caithness, and Orkney: and the commissioners for corres¬ pondence amongst the synods to be a minister and ruling elder.— lb. II. All presbyteries are discharged thereafter to make any nomination of persons to be moderators to their provincial synods; and synods are ordained, in their first meeting, to elect their moderators, and to make their own lists for that effect, without tying themselves to these persons who have been named and designed in the particular presbyteries.— Act Sess. 7. June 4. Ass. 1644. III. Recommended to provincial assemblies, that there¬ after they cause read all their acts before the dissolving of every assembly; and that their registers be written formally, and in a good hand writing, with the several leaves and pages thereof marked by cyphers, according to their number.— Act Sess. 4. June 6. Ass. 1646. IV. The synods of Lothian, Perth, Fife, and Aberdeen, are ordered to send correspondents to the synod of Angus and Mearns, until the assembly should see cause to alter it.— Act 7. Ass. 1701. V. The above correspondence continued for one year, and is thenceforth to cease; and the foresaid four synods to be free of the burden thereof, unless, upon application of the said synod of Angus and Mearns to subsequent assemblies, they should see cause to continue or renew the same.— Act 6. Ass. 1718. t 300 SYNOD-BOOKS. SYNOD-BOOKS * I. That the clerk at least subscribe every synod-book before it comes to the assembly, and that every act be noted in the margin for a directory of expedition.— Overt, and Act Sess. 11. Aug. 5. Ass. 1642. II. That the books of every provincial assembly be brought and produced to every general assembly, and that every clerk to the provincials either bring, or send their books yearly to the general assemblies, by the commissioners sent to the as¬ semblies from these presbyteries where the clerks reside, aye and while some means be provided, whereby the clerk’s charge may be sustained for coming with the said books themselves, and that under the pain of deprivation of the clerk in case of his neglect, and of such censures of the said commissioners, in case of their neglect, as the assembly shall think conveni¬ ent .—Act Sess. 3. July 29. Ass. 1642. III. Recommended to all synods to take care that their re¬ gisters be always completely filled up before the sitting of the general assembly, and that the proceedings of every synod be signed both by the moderator and clerk thereof ; and the sy¬ nod-books thus filled up and subscribed, are appointed to be timeously produced to the general assembly yearly, in order to their being revised.— Act 11. Ass. 1698. IV. All synod-books are ordered in time coming, to be punctually brought in, and presented to the general assembly yearly, in the beginning thereof, according to the ancient laudable custom.— Act 3. Ass. 1702. V. The several synods are appointed to make up a roll of all matters that have been, or shall be recommended by as¬ semblies to be enquired at presbyteries; and the said roll is ordered to be inserted in their register, and given in to the visitors of presbytery-books; and the visitors are ordered to * See Papists, 4. § 5 . 9. § 6. 14. § 4. SYN01VB00KS. SOI take notice of, and report the diligence of presbyteries in ex-* editing the acts and recommendations of assembly: And agreed, that the assembly shall make up a roll of all matters appointed to be enquired at synods; and every new act and recommendation, as soon as they are made, are ordained to be added to the said rolls, that the assembly may know how their acts and recommendations are observed by the several synods and presbyteries 3 .—Act 11. Ass. 1712. VI. The following roll or list of matters is appointed to be put into the hands of the visitors of synod-books, at each as¬ sembly, for the direction and assistance of visiting the said books, and the visitors in going through the said books, are carefully to advert, 1. If the advices marked in the former at- testations of the synod-books be observed. 2. If the books be completely filled up, and signed by the moderator and clerk, as enjoined by Act 11. Ass. 1698 b , and be produced yearly, according to Act 3. Ass. 1702 c . 3. If the synod’s proceedings be agreeable to the constitutions of this church, and acts of assembly; and if the register be correctly written and spelled, without contractions; and when there is any thing written on the margin, which should have been in the body, if it be signed by the clerk; and where words are blotted out as superfluous, if it be marked on the margin, how many words or lines are blotted out, and that it was done by authority, and if the marginal note be signed by the moderator and clerk, and if there be any blottings or interlinings in the re¬ gister; see Act 9. Ass. 1706 d . 4. If the synods call their presbyteries to an account as to their care about ministers reading and expounding a large portion of Scripture in their congregations every Lord’s day, according to Act 9. Ass. 1694 e , Act 5. Ass. 1704 r , and Act 10. Ass. 1706 s ; and as to their preaching catechetical doctrine, according to Act 18. a See first part of the act in Lord’s supper. b Supra, 3. c Supra, 4. d Registers, 6. e Lecturing, 1. » f Ibid. 2. E Ibid. 8. 302 SYNOD-BOOKS'. Ass. lG95 a . 5. If care be taken that the sacrament of the Lord’s supper be administered in each parish, at least once every year, and where any ministers neglect the same, if they be called to an account, and if their excuses be either ap- proven, or disapproven, as is enjoined by Act 11. Ass. 1706 b . 6‘. If synods enquire concerning presbyteries holding paro¬ chial visitations, and ministers visiting of families, according to Act 16. Ass. 1706 c ; the buying and reading of the acts and overtures of the general assembly, according to Act 16. Ass. 1700 d , and Act 16. Ass. 1705 e ; and concerning their diligence in observing the acts against profanity, particularly, Act 7. Ass. 1699 f ; and enquire after mortifications for pious uses, as is enjoined by Act 22. Ass. 1700 s . 7. If synods call their presbyteries to an account, as to the pains they take to get a school settled in every parish, and provided with a suffi¬ cient master and maintenance, according to law, and take care that the school be visited, conform to Act 5. Ass. 1705 h , and Act 5. Ass. 1707 and if presbyteries contribute for bursars having Irish, according to Act 13. Ass. 1706 k ; and if the synod’s advice be taken anent licensing probationers ac¬ cording to Act 10. Ass. 1711 *. 8. If synods enquire at pres¬ byteries concerning the increase and decrease of Popery, and other errors, and the pains taken to reclaim erroneous persons; see Act 8. Ass. 1707 m . 9. If synods take care to have the acts of assembly, particularly, Act 5. Ass. 1712 n , concerning a contribution for promoting Christian knowledge, observed; and if the account of their diligence in these matters be re¬ corded conform to Act 11. Ass. 1710°. 10. If presbytery- books be punctually produced, revised, and attested, and if presbyteries undergo their privy censures every synod, and if there be a roll made up of matters recommended by the gene¬ ral assembly to synods, and if the said roll be recorded, and a Preaching, 2. b Lord’s Supper, 5. c Visitations Presbyte- rial, 3. d Acts of Assembly, 7. e Ibid. 8. f Profane¬ ness, 4. g Visitations Presbyterial, 2. h Schools, 5. 1 Ibid. 6. k Schoolmasters, 3. I Probationers, 21. m Papists, 14. “ Chris¬ tian Knowledge, 4. 0 Ibid. 3. SYNOD-BOOKS. 303 a copy thereof given to the visitors, according to Act 11. Ass* 1712 a . 11. That the visitors of synod-books communicate all their remarks on these books to some of the synod, and hear them thereupon before they bring the same into the assembly. —Act 4. Ass. 1713. VII. Further ordered, That the visitors of synod-books take notice, 1. If the acts of assembly, concerning licensing probationers, be observed ; particularly, That none be enter¬ ed on trials till they have studied divinity the usual time, and produce ample testimonials, and the advice of the synod be taken, and the questions appointed by act of the general as¬ sembly read to them before trials ; and that none be entered thereon, until they have resided half a year immediately be¬ fore, within their bounds; and that the whole particulars in Act 5. Ass. 1705 b , Act 10. Ass.J711 c , and Act 6. Ass. 1714 d , be punctually observed; and that all give satisfying answers to questions, and sign the formula contained in the said Act 10. Ass. 1711 c , and no other, according to Act 10. Ass. 1717 f , and that licenses bear the same. 2. If due care be taken for preserving purity of doctrine, according to Act 9. Ass. 1717 g , Act 5. Ass. 1720 h , Act 8. Ass. 1720 ', and Act 7. Ass. 1722 k . 3. If Act 7. Ass. 1714-', for discouraging un¬ worthy bursars, be observed; Act 7. Ass. 1715 ra , for preferring students having Irish, to bursaries. 4-. That they take,notice of the diligence of synods and presbyteries in observing Act 11. Ass. 1714", Act 13. Ass. 1715°, Act 8. Ass. 1717 p , Act. 4. Ass. 1719 q , and Act 7. Ass. 1720 r , for procuring the better execution of former acts against Popery, and for preventing the growth thereof, by taking up yearly lists of their names and de¬ signations, and giving copies of the same to the justices of the peace, or other judges competent, and to the synod; and if a Supra, 5. & Schools, 5. c Probationers, 21. <1 Ibid. 23. e For¬ mula, 1. f lb. 2. £ Doctrine, 5. h Books Erroneous, 7. i Preach¬ ing, 3. k Books Erroneous, 8. I Bursars, 15. m Ibid. 16. n Papists, 16. 0 Profancncss, 8. P Papists, 17. 15 Ibid. 18. r Ibid. !9. 304 SYNODS MEETING. diligence herein be recorded. 5. If all ruling elders have signed the formula contained in Act 10. Ass. 1694 a ; and if presbyteries at their privy censures enquire into the behaviour of their members ; and if all ruling elders and deacons in their bounds keep family worship, and observe the other particulars in Act 9. Ass. 1722 b , and if deacons be ordained in every parish, as is appointed by Act 7. Ass. 1719 c . 6. That they remark the diligence of synods and presbyteries, with re¬ lation to reading the King’s proclamations, and abbreviate of the acts of parliament and general assembly against immoral¬ ity, and giving suitable exhortations, according to Act 5. Ass. 1714 d . 7. If fasts and thanksgivings be observed, according to Act 7. Ass. 1710% Act 4. Ass. 1722 f . 8. How Act 4. Ass. 1819 s , concerning the settlement and provision of schools, and the encouragement of ministers in parishes where there are Papists. 9. How Act 4. Ass. 1718 % concerning a fund for maintaining the indigent widows and orphans of ministers, is observed.— Act 5. Ass. 1723. VIII. Recommended to synods to be punctual in sending up their books; enjoined, That synod-clerks attend to this re¬ commendation as they shall be answerable for their conduct to the assembly; and ordained, That this recommendation and injunction be inserted amongst the printed acts of the as¬ sembly.— Act 7* Ass. 1792. SYNODS MEETING. I. The provincial synod of Angus, is ordained to keep their first meeting upon the third Tuesday of April, conform to the act of assembly at Glasgow 1638.— Act Sess. 13. Aug. 6. Ass. 1642. II. Appointed, That the ordinary fixed places of meeting of the synod of Perth and Stirling, be in all time coming at a Instructions, 2. b Frofaneness, 9. c Office-bearers, d Profaneness, 7. e Fasts, 13. * Ibid. 14, £ Papists, IS, b Widows, 1. SYNOD MEETING. 305 \ Perth in October, and Stirling in April yearly, per vices .—■ Act 8. Ass. 1643. III. Declared and ordained, That the whole ministers and elders of the Presbytery of Zetland (Shetland) shall not be tied, after the date of the act, to come to the meetings of the provincial of Caithness; but that the half only of the num¬ ber of the ministers of that isle, with their ruling elders, shall be obliged to keep the meetings of the said provincial assem¬ bly in time coming; in respect of the great distance of that isle from the land, and the uncertainty and dangerousness of the passage from and to the same.— Act Sess. 2. Aug. 16. Ass. 1647. IV. Appointed, on account of the change in the kalendar, That the synods which usually met on the first Tuesday of April, or October, shall meet on the second Tuesday of these months according to the new style; and so of the rest ad¬ vancing a week in the denomination of the days, whatever month or week any of the synods have been in use to meet in. —Act 8. Ass. 1752. V. The act appointing the synod of Ross to meet twice in the year, viz. in the months of April and September, is repealed and ’tis appointed, That in time coming that synod meet once in the year, and that on the second Tuesday of May yearly.— Act 4. Ass. 1759. VI. Appointed, That in summer the synod of Lothian and Tweeddale shall in time coming meet on the first Tuesday of May.— Act 5. Ass. 1759. VII. Appointed, That the synod of Ross, have their meet¬ ings henceforth upon the third Tuesday of April.— Act 9. Ass. 1761. VIII. The place for the meeting of the synod of Galloway is changed from Wigton to Newton Stewart; to be held there in all time coming, allowing the synod to adjourn oc¬ casionally to Kirkcudbright, Wigton, Stranraer, or else¬ where.— Act 11. Ass. 1776. IX. Ordered, That the day for the meeting of the synod of Q q 30 6 THANKSGIVINGS. Fife, be changed from the first to the second Tuesday of Oc¬ tober yearly .—Act 8. Ass. 1777. X. Appointed, That the synod of Gleneld hold their first ordinary meeting at Broadford, on the third Wednesday of July; and their next ordinary meeting at Lochcarron, and to continue in future alternately at these places, upon the third Wednesday of July .—Act 7. Ass. 1811. T. THANKSGIVINGS * I. A solemn thanksgiving is appointed for the nation’s de¬ liverance from the Pretender by Act 7. Ass. 1708. II. All ministers and members of this church are appointed, religiously to observe all fasts and thanksgivings, whether ap¬ pointed by the church, or the supreme magistrate, for just and necessary causes: And presbyteries and synods are ap¬ pointed, to take particular notice of the due observance of this Act 7. Ass. 1710. III. A solemn thanksgiving is appointed for the deliverance of the nation from the distress occasioned by the rebellion by Act 14. Ass. 1746. IV. Recommended to all ministers, to take such methods as shall appear to them most effectual to fix the attention of all ranks upon the lessons of contrition, of thankfulness and liberality, which then the dispensations of providence, and the seasonable supply of provisions especially taught: This re¬ commendation is appointed to be transmitted to presbyteries as soon as possible .—Act 7. Ass. 1788. V. A national thanksgiving is appointed in commemoration of the Revolution in 16S8 .—Act 10. 1788. See Vagrant Ministers, 1. Fast*. TRANSPORTATION. 307 TRANSPORTATION *. I. ’Tis appointed, 1. That no transportation be granted without citation of parties having interest, viz. the minister who is sought, and his parish, to hear what they can oppose; and the matter is to come first to both the presbyteries, viz. that wherein the minister dwells, whose transportation is sought, and the other presbytery to which he is sought; if the kirks lie in several presbyteries, and if the presbyteries agree not, the matter is to be brought to the synod or general assembly, which of them shall first occur after the said trans¬ portation is sought; and if the synod occurring first agree not, or if there be an appeal made from it, then the matter is to come to the general assembly. 2. That a minister may be transplanted from a particular congregation where he can only do good to a part, to such a place where he may benefit the whole Kirk of Scotland, because in reason the whole is to be preferred to a part, such as Edinburgh. 1 mo. Because all the great courts of justice sit there, as council, session, justice-general, exchequer, and it concerns the whole kirk, that these fountains of justice be kept clean, both in point of faith and manners. 2 do. Because there is a great confluence to Edinburgh from time to time, of many of the chief mem¬ bers of the whole kingdom, and it concerns the whole kirk to have these well seasoned, who apparently are to be the instru¬ ments of keeping this kirk and kingdom in good temper.— That this may the more easily be done, ’tis recommended to Edinburgh, That some young men of excellent spirits be, upon the charges of the town, trained up at home or abroad, toward the ministry from time to time: And ’tis declared, That the assembly mean not that all the places of the minis¬ ters of Edinburgh be filled with ministers to be transported by authority of this act, but only till they be provided with * See Stipends, I. .108 TRANSPORTATION. one minister, transplanted by the authority of the assembly for every kirk in Edinburgh, and that the rest of the places be filled up, either according to the general rules of transpor¬ tation for the whole kingdom, or by agreement with the ac¬ tual ministers and their parishes, with consent of the presby¬ tery or synod to which they belong. 3. ’Tis found. That it is a transporting of ministers for public good, that colleges having the profession of divinity be well provided with pro¬ fessors ; wherein the college of divinity in St Andrews is first to be served, without taking any ministers or professors out of Edinburgh, Glasgow, or Aberdeen, and then the rest of the colleges are to be provided for, as their necessity shall re¬ quire ; yet, in respect of the present scarcity, it were good for the universities, to send abroad for able and approved men to bo professors of divinity, that our ministers may be kept in their pastoral charges, as much as may be; towns also, wherein colleges are, are very considerable in the mat¬ ter of transportation. 4. All congregations where noblemen have their chief residence, are to be regarded, whether plant¬ ed or unplanted, and a care is to be had, that none be ad¬ mitted minister where Popish noblemen reside, but such as arc able men, espesially for controversy, by sight of the pres¬ bytery : And moreover, it is necessary, That such ministers as dwell where Popish noblemen are, and are not able for controversy, be transported. 5. They who desire the trans¬ portation of a minister, should be obliged to give reasons for their desire; neither shall any presbytery or assembly pass a sentence for transportation of any minister, till they give rea¬ sons for the expediency of the same, both to him and his con¬ gregation, and to the presbytery whereof he is a member; if they acquiesce in the reasons given, it is so much the better; if they do not acquiesce, yet the presbytery or assembly, by giving such reasons before the passing of the sentence, shall make it manifest, that what they do is not pro arbitratu vet imperio only, but upon grounds of reason. 6. Because there is fetich scarcity of ministers having the Irish tongue, necessity TRANSPORTATION. .‘309 requires, That when found in the Lowlands, they be trans¬ ported to the Highlands, providing their condition be not made worse, but rather better by their transportation. 7. In point of voluntary transportation, that no minister transact or agree with any parish to be transported thereto, without a full hearing of him, and his parish, before the presbytery to which he belongs in his present charge, or superior church- judicatories, if need shall be. 8. The planting of vacant kirks is not to be tied to any, either minister or expectants, within a presbytery, but a free election is to be, according to the order of the kirk, and laws of the kingdom. 9. That the chief burghs of the kingdom be desired to train up young men of excellent spirits for the ministry, according to their power, as was recommended to Edinburgh ; which course will in time, God willing, prevent many transportations.— Act Sess. 11. Aug. 5. Ass. 1642. II. ’Tis recommended to all parishes, who are or may be vacant, That before they design the calling of any minister al¬ ready fixed in another congregation, they first seriously essay and follow other means of providing themselves, if they can be found; and it is recommended to all presbyteries, That they do not concur in any such call, or design of transporting a minister from one congregation to another, unless by due compai-ing of places, and all parties concerned, the dispropor¬ tion betwixt them, and the greater good of the church be ma¬ nifestly evident. And sicklike, when any such design of trans¬ portation is pursued, the assembly ordains, That all parties concerned therein shall debate with such meekness and bro¬ therly kindness as becometh parts and members of the same body of Christ, designing the good of the whole; and that they represent their reasons and answers with due perspicuity, and all possible brevity ; and that they do not needlessly ex¬ patiate on things that concern not the true merits of the cause; and the assembly prohibits all lengthening of debates by re¬ plies and duplies, unless the judicatory before whom the de¬ bate lies, find it necessary for clearing some matter of fad, 310 TRANSPORTATION. or because of some new matter that hath occurred, which could not be considered before. And to prevent unnecessary and contentious appeals in such matters, ’tis declared and or¬ dained, That if both the competing parishes be within the bounds of the same presbytery, in that case, the decision and sentence of the presbytery shall take effect, and be obeyed ; or if the parishes be in different presbyteries, but both presbyte¬ ries be within the same synod, in that case the decision and sentence of the synod shall also take effect, and be obeyed; yet always allowing liberty to any person or parish, who think themselves grieved, to appeal to superior judicatories, to have redress by taking off the sentence, and censuring the respective judicatory complained of, if they be found to have malversed; but with this certification, that if any be found unnecessarily to pursue appeals and complaints, they shall be severely censured therefore.— Act 6. Ass. 1694. III. To prevent the rabbling of messengers by the people, and horrid profanation of the Lord’s day, which frequently falls out in cases of transportation when the defending parties or parish are to be summoned, ’tis appointed and ordained, That the minister himself being summoned apud acta at the presbytery, or, if absent by the presbytery’s letter, to be pre¬ sent at the day appointed for hearing the cause; he also be ordered to intimate out of the pulpit to the heritors, elders, and others concerned in the parish, that there is such a call, and such a transportation designed; and if any of them have a mind to defend their right to their minister, they are to be present at the presbytery on such a day, and ready to make their defences; for which cause, the assembly ordains the call, with the reasons thereof, to be given or transmitted to the mi¬ nister, to be by him communicated to them, and appoints this method of citation in cases of transportations, to be observed, only where the presbyteries concerned shall see cause to take that course; in which case the citation so given is declared to be a valid citation; but that it shall be optional to the presby- UNCLEANNESS. Sll tery to follow this course, or do it by officials as formerly.— Act 7. Ass. 170*. U. UNCLEANNESS * In delations about the sin of uncleanness, often not the act, but only presumptions of guilt and scandalous behaviour can be proven; therefore kirk-sessions should be very cautious how they admit the public entering of a process without good war¬ rant, where there is not a child in the case, unless a scandal be very flagrant. Form Proc. cap. 4. \ 1. k Many of these actions which occasion a scandal of uncleanness, are not, in themselves, publicly censurable, but are to be passed with a private rebuke or admonition.— Ibid. § 2. Act 11. Ass. 1707. II. Some, however, of these actions which come under the name of scandalous behaviour, may be so lascivious and ob¬ scene, and clothed with such circumstances, as may be as of¬ fensive as the act of uncleanness itself, and as censurable.— lb. $ 3. If a married woman, whose husband has been ab¬ sent beyond the ordinary time that women use to go with child, be found with child, this may give ground to a kirk- session for a process against her; but in this case, judicatories would be prudent in considering all circumstances, and whe¬ ther the person has been always of entire fame before, and how the public fame now runs.— lb. § 4. III. If a person voluntarily confess uncleanness, and if there be no child, and the case be brought to the kirk-session, the session is to enquire, what presumptions there are of the truth of the thing confessed, or what may have moved the person to make that confession; whether it flows from disquietness of mind, or sinister design; and the persons concerned are to • See Father. 312 UNITY IN RELIGION. be dealt with according as the presumptions, upon search, are found, or not.— lb. cap. 4. § 12. If it be found there is no ground for the confession, and that it is false, the person con¬ fessing is to be censured, as defaming himself, and likewise as a slanderer of the other party, and withal application is to be made to the civil magistrate, that he may be punished ac¬ cording to law.— lb. § 13. Act 11. Ass. 1707. IV. The presbytery of Kirkaldy is ordered to proceed a- gainst Mr Colin Mackinzie of Rosend, for the sin of unclean¬ ness, according to the rules of the church, notwithstanding of any thing that some prelatical preachers had done, or might do in the affair; and the said prelatical preachers are dis¬ charged to proceed any further in that matter, as they will be answerable : And remitted to the commission to take care, that the assembly’s authority be not contemned in this case: And this method is appointed to be observed in cases of scandal, when any others, either episcopal preachers, or such as pretend to be presbyterians, but separate from this church, take upon them to exercise discipline.— Act 14. Ass. 1715. UNITY IN RELIGION *. I. That no novations, which may disturb the peace of the church, and make division, be suddenly proponed and enact¬ ed ; but so as the motion be first communicated to the several synods, presbyteries, and kirks, that the matter may be ap¬ proved by all at home, and commissioners may come well pre¬ pared unanimously to conclude a solid deliberation upon these points in the general assembly.— Act Sess. 23. Aug. 30. Ass. 1630. II. That according to the aforesaid act of assembly at Edin- bnrg, and that at Aberdeen 1640 a no novation in doctrine, worship, or government, be brought in or practised in this * See Catechising, 1. 3. Supplication, 4. Declaration, 2. 5. 9. Public Worship, 1. 2.5. Commissions of Assemblies, 2. 10. II. 12. Ministers, 12. § 5. a Ordinary Assembly House, 1, $ 4. UNITY IN RELIGION. 313 kirk, unless it first be propounded, examined, and allowed in the general assembly, and that the transgresssors in this kind be censured by presbyteries and synods.— Act Sess. 14. Aug . 6. Ass. 1641. III. The moderator and commissioners of the assembly are enjoined, with all earnestness and respect, to supplicate the lords of council and conservators of the peace, that they may concur with the kirk, in desiring his Majesty and the parlia¬ ment of England, and the commissioners of Scotland at Lon¬ don for the time, by all possible means, civil and ecclesiastical* to advance the blessed work of unity in religion, and unifor¬ mity of kirk-government betwixt the kingdoms; and to endea¬ vour a happy settlement betwixt his Majesty and his parlia¬ ment, and that the common peace betwixt the kingdoms may be continued and strengthened.— Act Scss. 11. Aug. 5. Ass. 1642. IV. The acts of former assemblies made ancnt innovations in doctrine, worship, or government, are revived, especially 'Acts Aug. 30. Ass. 1639. and Aug. 6. Ass. 1641 a . Act 11. Ass. 1695. V. The’assembly discharges the practice of innovation in di¬ vine worship within the church, and requires and obtests all the ministers of this church, especially those in whose bounds such innovations are, or may be, to represent to their people the evil thereof, and seriously to exhort them to beware of them ; and to deal with all such as practise the same, in order to their recovery and reformation; and enjoins the commis¬ sion to use all proper means, by applying to the government, or otherwise, for suppressing and removing all such innova¬ tions, and preventing the evils and damages that may ensue thereupon to the church.— Act 15. Ass. 1707. VI. All ministers and people are charged to abstain from all divisive courses, upon occasion of different sentiments and practices about the oath of abjuration; and that they would R r * Supra, 1, 9 . 314 UNITY IN RELIGION. notwithstanding thereof, live in love and Christian commun¬ ion together, and strengthen one another’s hands in their work, and use all prudent and gaining methods to keep the people in due subjection and love to their own pastors .—Act 6. Ass. 1713. VII. The exhortations contained in the foresaid Act 6. Ass. 1713, are renewed; and all ministers and people are se¬ riously obtested to lay to heart the important duties therein recommended, and that there be no distinguishing course taken, contrary thereto, on the occasion of celebrating the holy sacrament of the Lord’s supper, which ought to be the bond of love and unity among Christians. And a committee is appointed to consider any representations that might be of¬ fered to them concerning brethren that may follow divisive courses, and to deal with them in order to remove their scruples, and to reclaim them to their duty, and to report their diligence to the commission; who are empowered, from time to time, to give the committee instructions and directions in their procedure, and to cognosce and determine in this affair .—Act 8. Ass 1714. VIII. All are exhorted to avoid irregular and disorderly practices; and all the ministers of this church are obtested, carefully to guard against the distinguishing course taken by some in the choice of their assistants, at the celebration of the sacrament of the Lord’s supper .—Act 6. Ass. 171 5. IX. ’Tis recommended to ministers and others, That they do what they can to prevent and suppress the growth of De¬ ism, Infidelity, Popery, and other gross errors ; and in order thereto, ’tis recommended to all ministers to maintain, as far as in them lies, brotherly love, peace, and unity amongst themselves, and amongst the people under their charge; and in all their more public appearances to avoid uncharitable re¬ flections, and all just grounds of irritation tending to engend¬ er strife more than to promote edification .—Act 7. Ass. 1735. UNIVERSITIES. 315 UNIVERSITIES *. I. ’Tis recommended to the parliament, 1. That, out of the rents of the prelacies, collegiate or chapter-kirks, or sicklike, a sufficient maintenance be provided for a competent number of professors, teachers, or bursars in all faculties, and especial¬ ly in divinity; and for upholding, repairing, and enlarging the fabric of the colleges, furnishing of libraries, and sicklike good uses, in every university and college. 2. That there be a meeting, once every year, at such times and places as shall be agreed upon ; of commissioners from every university and college, to consult and determine upon their common affairs, and whatsoever may concern them ; and who may represent what is needful therein to the parliament and general assembly. S. That special care be had, that the places of the professors, especially professors of divinity in every university and college, be filled with the ablest men, and best affected to the reforma¬ tion and order of this kirk.— Sess. 9. Aug. 3. Ass. 1641. II. ’Tis recommended to all the universities, to condescend upon the best overtures for the most profitable teaching of grammar and philosophy, and report to the assembly.— Sess. ult. June 18. Ass. 1646. Art. 3. III. ’Tis recommended to all universities, 1. To be careful to take account of all the scholars on the Sabbath-day, of the sermons, and of their lessons of the catechism. 2. To send their commissioners, instructed with answers to the overtures agreed upon by the commissioners of universities, and that against their commissioners come, in February or March, to the commission of the kirk.— Sess. 28. Aug. ult. Ass. 1647. IV. ’Tis recommended to the commissioners, directed from the several universities, to subsequent assemblies, to meet to¬ gether, and [prepare overtures to the assembly, for the esta¬ blishment, and advancement of piety and learning, and good * See Visitation of Kirks. 316 UNIVERSITIES. order in the schools and universities, and to keep a correspon¬ dence amongst themselves for these good ends .—Act 6. Ass. 1707. V. ’Tis recommended to the several presbyteries, in whose bounds colleges or universities are, to take particular care. That all the masters thereof do acknowledge, profess, and subscribe, in manner appointed by act of parliament 1707, 6. entitled, ■“ Act for securing the Protestant Religion and Pres¬ byterian Church-government:” And to take special notice of what is taught in colleges and universities; and that nothing be taught therein contrary to, or inconsistent with the confes¬ sion of faith of this church, or to the worship, discipline, or government of the same; and to observe the morals and com versation both of masters_and scholars; and that they apply first to the faculties of the universities or colleges for redress; and in case any difficulties occur to the presbyteries which they cannot overcome, they are appointed to lay the same be¬ fore the synod, general assembly', or commission thereof; who are to consider the representations, and give their advice and assistance in these things .—Act 14. Ass. 1711. VI. The commission is instructed, carefully to advert to any thing whereby they may contribute to the flourishing of the sciences and good literature, and to the propagating of re¬ ligion and loyalty in universities; and particularly, that they diligently enquire, what privileges and interest the judicato¬ ries of this church, or the ministers thereof, have by the con¬ stitutions of the several universities and colleges, and by the laws of the land, with respect to the settlement of the masters and professors in them; which the assembly appoints the coin¬ mission, by all just methods, to maintain inyiolably, and im¬ prove towards the promoting of the foresaid interests of true piety and learning; and for this end, to receive and give all due encouragement, to whatever applications may be made to them to this effect .-—Act 12 Ass, 171h. vacant ciiu.rch.es. 317 V. VACANT CHURCHES. I. Recommended to his Majesty’s High Commissioner, That he would, in the assembly’s name, a pply to their Ma¬ jesties for a general recommendation to the Lords of Privy Council, Lords of Treasury and Exchequer, Lords of Ses¬ sion, and other judges whatsoever, in favours of such as shall, by order of the assembly, serve vacant congregations in the north, that they may have access for maintenance out of the vacant stipends, during the time they serve.— Act 15. Ass , 1694. II. All ministers appointed by the general assemblies or their authority, to labour for some time in these corners of the church where vacancies are most numerous, are obtested and beseeched to be diligent and faithful in their performance of what is appointed them; and in case any ministers shall not exactly and timeously perform their respective appoint¬ ments, particularly in going to the north; they are ordered to be suspended from the exercise of their ministry, for the space of three months, by their respective presbyteries, a? soon as they begin to neglect this duty; and the moderators of the several presbyteries are required to move and propose to the presbyteries to proceed to inflict the censures above ap¬ pointed without delay; and in case any moderator shall ne¬ glect and delay the performance of his duty hereby required, that he be suspended from the exercise of his ministry by the ncNt ensuing synod of the bounds, for the space of three months; and in case that inevitable impediments fall provi¬ dentially in the way of the minister thus appointed for sup¬ plies, that cannot but free the minister of any neglect, that the presbytery he belongs, Do record the same in their regisr 318 VACANT CHUKCHES. ters, and produce them to their synod at their next meeting, to be by them judged; but withal, the presbytery, in that case, shall be obliged to send another, under the same certifi¬ cation ; but so soon as he applies to the presbytery, and of¬ fers obedience, the presbytery shall be obliged to take off the act of suspension; and the assembly appoints their churches to be supplied daily, at least two Sabbaths of three, during their absence. And the ministers appointed to make these supplies, in case of their neglect, are to be presbyterially re¬ buked, and that inserted in the records of the presbytery. And that synods particularly enquire anent, and see to the execution of this act, and report to the next ensuing general assembly.— Act 8. Ass. 1697. III. Every minister is prohibited from taking upon him to preach in vacant congregations, not within the bounds of his own presbytery, without an invitation, either from the presbytery of the bounds, or at least from some neighbouring minister in that presbytery.— Act 15. Ass. 1711. IV. ’Tis recommended to all judicatories of the church, in planting vacant churches, to have a due regard to the princi¬ ple contained in Act 6. Ass. 1575, 2 Book of Discipline, chap. 3. § 4. 6. 8. Act Dec. 17. 18. Ass. 1638 a , and Act 9. Ass. 1715 b , that no minister be intruded into a parish con¬ trary to the will of the congregation; and to all presbyteries, that they be at pains to bring about harmony and unani¬ mity in congregations, and to avoid every thing that may ex¬ cite or encourage unreasonable exceptions in people against a worthy person that may be proposed to be their minister, in the present situation and circumstances of the church, so as none be intruded into such parishes, as they regard the glory of God, and edification of the body of Christ.— Act 14. Ass. 1736. V. ’Tis appointed, in order to prevent unnecessary pro¬ tracting of vacancies in parishes, that it shall be among the a Famishes 5. b Evils of the Kirk, 5. VACANT STIPENDS.—VAGRANT MINISTERS. 319 questions asked by synods at the several presbyteries, at their privy censures, what vacancies there are in their bounds? of how long continuance these have been ? and the reasons why they are not supplied ? And if the synod find the presbytery dilatory after the right of planting any parish has, by law, fallen into their hands, the synod shall enjoin them to pro¬ ceed towards the settlement of that parish, without further delay.— Act 7• Ass. 1759. VACANT STIPENDS. ’Tis recommended to his Majesty’s High Commissioner, that he would, in the assembly’s name, apply to their Majes¬ ties for a general recommendation to the Lords of Privy Council, Lords of Treasury and Exchequer, Lords of Ses¬ sion, and other judges whatsoever, in favours of such as shall, by order of the assembly, serve vacant congregations in the north, that they may have access for maintenance out of the vacant stipends, during the time they serve.— Act 15. Ass . 1694. VAGRANT MINISTERS. I. Recommended to presbyteries, to take notice of all mi¬ nisters within their bounds, whether the late conforming in¬ cumbents, or others, who shall not observe fasts and thanks¬ givings indicted by the church, or who shall be found guilty of any irregular carriage in administering the sacraments in private, or celebrating clandestine marriages, without due proclamation of banns ; and to censure accordingly.— Act 6. Ass. 1690. II. Recommended seriously to all synods and presbyteries, That they advert to the many irregularities committed by va¬ grant unfixed ministers, many of whom are lying under ec¬ clesiastical censures, to the great scandal and hinderance of the gospel, and tending to the rending of churches and con- gregatians; and prudently to proceed to take such course with them, as the circumstances of the case and time require: 320 VISITATION OF KIRKS, COLLEGES AND SCHOOLS. And presbyteries, where any great difficulty occurs in cases of this nature, arc appointed to consult their synods, or the commission of the assembly thereanent, before they proceed to any further Censure- Act 23. Ass. 1696. VISITATION OF KIRKS, COLLEGES, AND SCHOOLS *. I. The acts of assembly, held at Edinburgh, June, 1565, anent the visitation of kirks, schools, and colleges, ordained to be put in execution; and that the minister of the parish, the principal, regents, and professors within the colleges, and masters and doctors of schools, be tried concerning the sound¬ ness of their judgment in matters of religion, their ability for the discharge of their calling, and the honesty of their con¬ versation; as the acts of assembly at Edinburgh, June, 1567, and at Montrose, 1595, import: And that this visitation of colleges be by way of commission from the general assembly. —Act Sess. 23. 24. Dec. 17. 18. Ass. 1638. § 4. II. ’Tis enacted, 1. That every grammar school be visited twice in the year, by visitors to be appointed by the presby¬ tery and kirk-session in landward parishes, and the town council in burghs, with their ministers; and where univer¬ sities are, by the universities, with consent always of the pa¬ trons of schools ; that both the fidelity and diligence of mas¬ ters, and the proficiency of scholars in piety and learning may appear, and deficiency censured accordingly; and that the visitors see, that the masters be not distracted by other employments, which may divert them from their diligent at¬ tendance. 2. For remedy of the great decay of poesy, That no schoolmaster be admitted to teach a grammar school in burghs, or in other considerable parishes, but such as, after examination, shall be found skilful in the Latin tongue, not only for prose, but also for verse; and, after other trials to * Sec Universities. Schools, 2. § 6 . 5. Schoolmasters, 2 S. 4. 5. G. Co¬ venant, 6. VISITATION OF KIRKS, COLLEGES, AND SCHOOLS. 321 be made by the ministers, and others deputed by the session, town, and parish for this effect, that he be also approven by the presbytery. 3. That neither the Greek language, nor logic, nor any part of philosophy, be taught in any grammar school, or private place, within this kingdom, to young schol¬ ars, who thereafter are to enter to any college, unless it be for a preparation to their entry there; and notwithstanding of any progress any may pretend to have made privately in these studies, yet in the college he shall not enter into any higher class than that wherein the Greek language is taught; and, being entered, shall proceed orderly through the rest of the classes, until he finish the ordinary course of four years, unless, after due .trial and examination, he be found equal in learning to the,best, or most part of that class to which he de¬ sires to ascend, by overleaping a mid class; or to the best or most part of those who are to be graduate, if he supplicate to obtain any degree before the ordinary time: And also that there be found other pregnant reasons to make the faculty of arts condescend thereto, and otherwise that he be not admit¬ ted to the degree of master of arts. 4. That none be admit¬ ted to enter a student of the Greek tongue in any college, unless, after trial, he be found able to make a congruous theme in Latin; or, at least, being admonished of his error, readily knows how to correct the same, 5. That none be promoted from one inferior class of the ordinary course to a superior, unless .he be found worthy, and to have sufficiently profited; otherwise, that he be ordained not to ascend with his condisciples, and if he be a bursar, that he lose his burse; and namely, it is to be required, that those who are taught in A ristot le, be found well instructed in his text, and be able to repeat in Greek, and understand his whole definitions, divi¬ sions, and principal precepts, so far as they have proceeded. 6. That such trial be taken of students, especially of magis- trands, that those who are found unworthy, be not admitted to the degree and honour of masters. 7. That none who have entered to one college be admitted to another, without S s 322 VISITATIONS MINISTERIAL OF FAMILIES. the testimonials of the masters of that college wherein he en¬ tered first, both concerning his literature and dutiful behavi¬ our so long as he remained there; at least, until the masters of that college from whence he cometh be timeously advertis¬ ed, that they may declare if they have any thing lawfully to be objected to the contrary; and that none be admitted, pro¬ moted, or received to a degree in any college, who was rejec¬ ted in another college for his unfitness and unworthiness, or any other cause repugnant to good order; or who leaves the college where he was for eschewing censure or chastisement for any fault committed by him; or who leaves the college because he was chastised, or for any other grudge or unjust quarrel against his master. 8. That none of those who may be lawfully received into one college after he was in another, be admitted into any other class, but that wherein he was, or should have been, in the college from whence he came, except upon reasons mentioned in the 3d article preceding. 9. That at the time of every general assembly, the commissioners di¬ rected thereto from all the universities of this kingdom, meet and consult together, for the establishment and advancement of piety, learning, and good order in the schools and univer¬ sities ; and be careful, that a correspondence be kept among the universities, and so far as possible, an uniformity in doc¬ trine and good order .—Act Sess. 14. Feb. 7. Ass. 1645. III. ’Tis recommended to synods, to take account of the observation of the above overtures, Sess. 14. Feb. 7. Ass. 1645, for visitation of schools, and advancement of learning. —Act Sess. 28. Aug. ult. Ass, 1647. VISITATIONS MINISTERIAL OF FAMILIES *. The following articles are unanimously recommended to the ministers of this church, not as binding rules, but as an help to them in their visiting of families, viz. that ministers visit all the families in their parish, at least once a-year, if the ■' See Profaneness, 4. 5. VISITATIONS MINISTERIAL OF FAMILIES. 323 same be large; and oftener, if the parish be small; and in the management of that work, ’tis advised* 1. That ere a minister set out to this work, he labour to have his own heart in a suitable frame for it. 2. That he chuse such a time in the year as his people may be best at leisure to meet with him ; and that due intimation be made of the minister’s de¬ sign to visit, that the people may order their affairs so, that he may find them at home. 3. That he be accompanied with the elder of the bounds; with whom he may confer, before they go forth to the work about the state and condition of the persons and families of these bounds, that the minister may be able to speak the more suitably to their condition, and as may be most for edification. 4. When they enter a house, after a short account of the design of the visit, they are to take an account of the names of the family, parents, children, and servants; and enquire for certificates from those who are lately come to the parish, and to mark them in their roll for catechising; and to take notice who can read, and of the age of children, when capable for catechising. 5. Then the mini¬ ster may speak to them all in general, of the necessity of regene¬ ration, and the advantage of serious religion and godliness; of piety towards God, and justice and charity towards men. 6. And next, more particularly, to the servants, of their duty to fear and serve God; and to be dutiful, faithful, and obedient servants, and of the promises made to such; recommending to them the reading of the Scriptures as they can, and prayer in secret, and love and concord among themselves; and in par¬ ticular, a holy care of sanctifying the Lord’s day. 7. The minister is to apply his discourse to the children, as they are capable, with affectionate seriousness; shewing them the ad¬ vantages of knowing, loving, seeking, and serving God, and remembering their Creator and Redeemer in the days of their youth, and honouring their parants; and to remem¬ ber how they were dedicated to God in baptism; and when of age, and fit, and after due instruction of the nature of the covenant of grace, and seals thereof, to excite them to engage 324- VISITATIONS MINISTERIAL OF FAMILIES. themselves personally to the Lord, and to desire and pray for, and take the first opportunity they can, of partaking of the Lord’s supper; to be specially careful how they communi¬ cate at first, much depending thereon ; and such of the ser¬ vants as are young are to be exhorted hereto in like manner* exciting them also to daily reading of the Scriptures, and to secret prayer, and sanctifying the Lord’s day. 8. After this he should speak privately to the master and mistress of the family about their personal duty towards God, and the care of their own soul’s salvation, and their obligations to promote religion and the worship of God in their families, and to re¬ strain and punish vice, and encourage piety, and to be careful that they and their house serve the Lord, and sanctify the Lord’s day. After this it may be fit, to exhort masters to take Care that God be worshipped daily in their family, by prayer and praise, and reading of the Scriptures.—They should enquire of him concerning the conversation and beha¬ viour of the servants, and their duty towards God and man, and how they attend the worship of God in the family, and the public worship on the Lord’s day, and how they behave after sermon, if any of them be piously inclined, if they make conscience of secret prayer and reading of the Scriptures.— If there be catechising and instructing of the ignorant and weak, if due care be taken in educating the children, and particularly, if they be put timeously to school, and Low they profit thereat, and how the Lord’s day is spent after sermon in the family, and in secret; all which the minister may mix with suitable directions, encouragements, admonitions, as he shall see cause, and most for edification. 9. He may enquire who have bibles, and encourage them who are able to get bibles, of their own, to make diligent and religious use there¬ of, and to recommend to parents and masters of families to have the confession of faith, catechisms, and other good books for instruction in faith and manners. 10. If any be tainted with errors, or given to vice, they should be particularly dealt with and spoken to, either privately, or before others, as may VISITATIONS PRESFYTERIAL OT PARISHES. 325 be most for edification, and all in the family are to be exhorted to watch and edify one another, and to carry towards any that walk disorderly, according to the rule, Matt, xviii. 15. 11. If there be any difference or division either in the family, or with the neighbours, the minister should endeavour to re¬ move the same, and to make peace, atad to excite to follow it with all men, as far as possible. 12. It may be also enquir¬ ed of those who have received tokens to communicate the last season for it, whether they have made use of them or not, and those who have communicated may be enquired privately, how they have profited thereby, and excited to remember to pay their vows to the Lord. 13. If there be any in the parish who keep not church communion with us, whatever their mo¬ tives be, ministers ought to deal with God for them, and with themselves in such a way as maybe most proper to gain them, and exoner their own consciences before God and his people, waiting if God peradventure will prevail with them; who can tell but our making them sensible of our tender love and af- fection to their persons, especially to their souls, giving them all due respect, and doing them all the good we can, yet still discountenancing their sin, may, in the end, be blessed of God for their good, Jude xxii. 23. 2 Tim. ii. 23. 25. All this should be carried on with dependence on God, and fervant prayer to him, both before a minister set forth to such a work, and with the visited, as there shall be access to, and opportu¬ nity for it.— Act 10. Ass. 1708. VISITATIONS PRESBVTERIAL OF PARISHES # . ■ I. That visitation of particular kirks within presbyteries be made once every year, and that thereat care be had, amongst other things, to try how domestic exercises of religion are exercised in particular families, and what means there are in * See Ministers, and Remedies of their Corruptions, § 3. Worship Public. Worship Secret, 1. 32 6 WARNING, every parish in landward for catechising and instructing the youth.— Act Sess. 23. 24. Dec. 17. 18. Ass. 1638. Art 3. II. ’Tis recommended to all presbyteries, to be diligent and careful in visiting the parishes within their bounds, and to take particular notice how all sums of money mortified, or otherwise belonging to the poor of the parish, have been ma¬ naged and applied from time to time, and if they shall find any dilapidations of any such sums, that those guilty thereof be pursued according to law, and that the several synods take account of the presbyteries within their bounds, of their dili¬ gence therein.— Act 22. Ass. 1700. III. 'Tis seriously recommended to, and enjoined on pres¬ byteries, to be more frequent and conscientious in visiting pa¬ rishes, conform to acts of former general assemblies there- ancnt, and the commission is appointed to draw up and pre¬ pare a directory for ministerial visitation of families, and pre¬ sent the same to the next general assembly.— Act 16. Ass. 1706. IV. ’Tis recommended and enjoined, That presbyteries hold visitations of parishes where public schools are wanting, and take all proper and legal steps for settling such schools therein, with competent salaries, and the building of school- houses, as the law directs.— Act 6. Ass. 1749. W. WARNING* *. I. A solemn and seasonable warning from the general as¬ sembly 1645, to the noblemen, barons, gentlemen, burghs, ministers, and commons of Scotland ; as also the armies with¬ in and without the kingdom, holding forth how the nation ought to be affected with the present mercies and judgments. / * See Declaration, 4. 8. 9. Supplications, 7. WARNING. 327 what use is to be made of the Lord’s dealings, and what is re¬ quired of a people so dealt with, and shewing the cause of the present calamities to be the sins of the land, particularly, 1. Con¬ tempt, neglect, and disesteem of the glorious gospel, unbelief, unfruitfulness, lukewarmness, formality, hardness of heart, not receiving nor seeking to know and glorify Christ in all his offices, hating, mocking at, and neglecting the power of god¬ liness, not observing the Sabbath, neglect of Christian con¬ ferences, family exercises, and ministers strengthening the hands and heart of the profane, and not taking heed to their ministry. 2. The breach of covenant, in the many ways mentioned in the warning. 3. Not glorifying God for for¬ mer mercies, nor making a proper use of them. 4. Sending forth the armies presumptuously without repentance, and first making peace with God, and for remedy of these calamities, exhorting to humiliation, repentance, faith, amendment of life, and fervent prayer; and shewing the cause of the then pre¬ sent dangers to be from a Popish, Prelatical, and an avowed malignant faction/ from secret malign ants and discovenanters, characterised in the said warning ; and exhorting people to appear actively, and stretch themselves to, yea, beyond their power for the cause of God; that ministers stir up others by faithful preaching and admonition; that the armies beware of ungodliness, not trusting in their own strength, but in God; that people of all sorts call to mind their solemn covenants, and pay their vows to the Most High, and contribute willing¬ ly for prosecuting the war against the enemies of the reforma¬ tion, and that they assist and defend one another in maintain¬ ing and pursuing thereof.— Sess. 18. Feb. 12. Ass. 1645. II. A warning and declaration from the general assembly of this kirk to all the members thereof, concerning the dan¬ gers and duties of the times, wherein they acknowledge their merciful deliverances from many trials; they warn the people of the judgments due for breach of covenant; of their dangers from a malignant and scandalous party in the army, and at home, and from standing armies of such in Ireland; from the 328 WARNING. sectaries in England; from the King’s hearkening to the councils of those, who were the authors of the miseries of his royal father; they exhort to repentance and love of the truth, and encourage them to self-defence in case of invasion from sectaries or malignants, and to adhere to their principles ; and after a short narrative of the proceedings, both of church and state, with the King’s royal father, all are exhorted to wrestle with God on behalf of the King, that he may be recovered out of the snares of evil council, and be brought to give satis¬ faction to the public desires of church and state, and in their stations, to use all endeavours with himself and others for that effect, and upon satisfaction given, to be willing to admit him to the exercise of his power, and cheerfully obey him in all things according to the will of God, and the laws of the kingdom; and to do every thing that tends to the preservation of his Majesty’s person and just greatness and authority in the defence and preservation of the true religion, and liberties of the kingdom; but to defend the kingdom against invasion. People are exhorted to beware of the subtle devices that may be essayed to draw them off to dispense, at least, with some part of the necessary desires propounded to his Majesty for securing religion; they are exhorted, to endeavour to procure from his Majesty, that he not only swear the coronation oath, but his allowance of the covenant, and obligation to prosecute the ends thereof, and that he enjoin the covenants, establish presbyterial government, the directory for worship, confession of faith, and catechisms, and that he shall observe these in his own practice and family; and the assembly declares the obli¬ gation of the covenant perpetual; they exhort the parliament to their duty, and not to be wanting in any necessary testi¬ mony of duty and loyalty to the King, and constantly to ad¬ here to their former principles, resolutions, and desires from him, concerning religion and the covenant, that they purge out of all places of trust, civil and military, all malignants and sectarians; the army is exhorted to stick closely by the cause of God against malignants and sectarians, and to carry clnis- WEDDINGS, SCC. 329 tianly. Ministers are exhorted to walk exemplarily, and to take heed to their flocks, and to declare to them the whole counsel of God, to give them timeous warning of every danger and duty, especially of the times, is recorded in Sess. 27. July 27. Ass. 1649. III. The proceedings of the commission of assembly 1713, are approven; and they are thanked particularly for their zeal against Popery, and their seasonable impressing the minds of the people with loyalty to her Majesty, firmness to the Pro¬ testant succession in the illustrious family of Hanover, and just aversion to the Pretender, all fully expressed in a sea¬ sonable warning given and published by the said commission. —Act 9. Ass. 1714. IV. The assembly address a pastoral admonition and warn¬ ing to all the people under their charge, respecting vagrant teachers and Sunday’s schools ; which see at large in Act 11. Ass. 1799. WEDDINGS, &c. I. Presbyteries ordered to take special care to restrain the abuses which take place at penny bridals (weddings), and also to censure the observers of lykewakes : by Act Feb. 12. Ass. 1645 ; and to prevent promiscuous dancing, and to censure such as are guilty of it, by Act July 19. Ass. 1649. II. The foresaid acts are revived; and the said acts are appointed to be read in churches before the congregation, and synods to enquire at presbyteries concerning their diligence, anent the observation of the said acts; and recommended to presbyteries, to have their thoughts upon what further may be necessary for suppressing and preventing abuses at such occasions, and give their opinion thereanent to the then next assembly .—Act 20. Ass. 1701. III. Recommended to presbyteries to apply to the judges ordinary for putting the laws relating to penny-bridals in execution, and the commission is appointed, upon represen¬ tations from presbyteries of the judge’s refusal, to apply to the T t 330 WIDOWS. government for obliging them to execute their office in this matter. —Act 4. Ass. 1706. IV. Recommended to synods, presbyteries, and kirk-ses¬ sions, to see to the execution of the acts of assembly against abuses at penny-weddings, and to apply to the civil magistrate for the execution of the laws against persons guilty of abuses and disorders on these occasions. —Act 10. Ass. 1719. WIDOWS. I. ’Tis recommended, 1. That every minister in Scotland dedicate the tenth of his stipend for one year, for the relief of the widows and orphans of the ministers of this church, and ’tis appointed to be paid, in money and no otherwise, to the moderator of each presbytery, betwixt and the 15 May 1719; or betwixt and the 15 May, 1721, with the ordinary annual rent thereof, from the said 15 May, 1719, to the time that the same shall be paid in. 2. That every minister thereafter to be ordained or admitted, within the bounds of any synod, within the space of two years after his admission, pay in his said tenth, if he has not already paid it in another synod. 3. The money collected is appointed to be turned into a stock, and only the interest thereof to be distributed. 4. The contribut¬ ors in every synod are appointed to have the management of what sums shall be collected, and given to the widows and or¬ phans of ministers, who have served and contributed within their bounds. 5. No ministers’ widows and children shall have any benefit from this fund, except their husbands or fa¬ thers have actually paid their tenth. 6. No ministers’ widows shall have any title to the fund, after they shall be married to another husband, or children after marriage, or their being in a situation to do for themselves. 7. No widow or child entit¬ led to a share of this fund, shall be allowed above L. 10. thereof. 8. If any other charitably disposed persons, besides ministers, shall contribute, they shall have a vote and power in the management and distribution of the foresaid funds. 9„ The assembly discharges any distribution to be made, but at WIDOWS. 331 the ordinary diets of the synod. 10.’Tis declared, That sucli presbyteries, as have already settled a fund for their widows and children, shall be at liberty, either to keep and manage the same themselves, or join with the synod, as they shall think best. Lastly, ’tis declared, That if any event un¬ foreseen shall fall in, that may hinder the execution of the a- bove articles, in the manner proposed, the premises shall be ordered and managed, according to further rules and direc¬ tions to be given by the subsequent general assemblies of this church— Act 4. Ass. 1718. II. The time allowed by the above act, for ministers pay¬ ing in their contributions, is extended to the term of Whit¬ sunday 1725. —Act 10. Ass. 1728. III. The time is further extended to the term of Whitsun¬ day 1736, by Act 4. Ass. 1735. Nota. The above acts superseded by act of parliament 17. Geo. II. amended by act 19. Geo. III. 20. entitled, “ An Act for raising and establishing a Fund, for a Provision for the Widows and Children of Ministers of the Church of Scot¬ land, and of the Heads, Principals, and Masters of the Uni¬ versities.” IV. That the said act of parliament may be easily and effec¬ tually executed, ’tis appointed, That every presbytery shall keep a separate register, wherein they shall record the names and parish churches of all the ministers, then members of their respective presbyteries, or who shall thereafter be admit¬ ted to a benefice within their bounds, with a particular ac¬ count, if such ministers be married, with the dates of their first ordination or admission to a benefice in the church of Scotland, the names of all their present children, the day, month, and year, of the birth of such of them as are un¬ der the age of sixteen; the names and dates of the birth of such of their children as shall thereafter be born: and like¬ wise of their deaths, as the same shall happen. And ordain¬ ed, That every presbytery record the names and parish churches of the several ministers, who shall thereafter be ad- 332 WIDOWS. mitted to a benefice within their bounds, with the particular dates of their respective admissions; and an account if such ministers be married, with the dates of the then marriages, or such of them as shall happen after their admissions; and shall also record the several facts relating to their children in like manner as above appointed, with respect to ministers then members of the church. And enjoined, That presbyteries record the time of the deaths of ministers, as the same shall happen ; with the names of their widows, residing at the time of their deaths, or marriage within their bounds; as also the dates of the several vacancies that were vacant on the 25 of March then last, or shall thereafter happen within their bounds, with the causes of the vacancies. And in general, ’tis ordained, That presbyteries record from time to time, all other things that shall be found necessary by the trustees, for the more easy execution of the said act; and that all ministers now entitled to a benefice in the church of Scotland lodge, from time to time, in the hands of the clerk of their presby- teries, a particular condescendence of the facts relating to their respective cases, as the same shall happen; all which facts are ordained to be entered distinctly by presbytery-clerks in the separate register, under proper columns, and regularly signed by moderators and clerks, and by ministers respective¬ ly concerned, from which the presbyteries may annually make up the lists necessary for each year, and transmit the same duly attested to the trustees, as directed in the said act of par¬ liament .—Act 4. Ass . 1744. V. The above act renewed, and the observance of it strict¬ ly enjoined; and that it may be more regularly and uniform¬ ly observed, appointed, That the several presbyteries keep se¬ parate registers according to the plan agreed upon by the as¬ sembly, and recorded in their register; and each minister is required duly to report to the presbytery, either by himself or by letter, any alteration which shall happen, from time to time, in his family, at the first diet immediately subsequent to such alteration; or as soon as lie possibly can. And appointed? WIDOWS. 335 That synods call for separate registers at least once a-year, and carefully inspect the same, and attest, That they are kept according to the plan referred to in this act; which attestation shall be marked in the synod's records. And ’tis enactedj, That every presbytery shall meet annually on such a day, hetwixt the 11 of November and the 11 of December, as they shall judge most convenient (the presbyteries in the Western and Northern Isles excepted) and shall at such meetings pre¬ pare and transmit to the trustees clerk at Edinburgh, their respective lists for the preceding year, to the end that the trus^ tees may be the better enabled with accuracy to carry on the scheme; and ’tis recommended to, and enjoined on presbyter¬ ies, so soon as this act shall come to hand, to insert the same, and also the above Act 4. Ass. 1744, in their separate register, and to acquaint such of their members as are absent of the contents of this Act 4. Ass. 1745. VI. The strict observance of former acts respecting what is required from presbyteries relative to the fund for a provision to the widows and children of ministers, is enjoined. And ’tis added to the foregoing Act 4. Ass. 1745, That when sy¬ nods inspect and attest the separate register, they are required to report their diligence to each general assembly: That the annual lists be transmitted from time to time to the trustees, and sent to the several presbyteries; and in case presbyteries shall fail in making their annual returns at the time, and in the manner foresaid, that the trustees exert those powers the law has put into their hands, for obliging presbyteries, to transmit their lists in a regular and uniform manner: And that each minister transmit to the collector his bond for L.30, according to the form established by the general assembly, so soon as notice shall be given him by the trustees or their clerk, there is money in the collector’s hands for payment of the same, as such ministers shall be answerable to the as¬ sembly.— Act 4. Ass. 1747. VII. ’Tis appointed, That for the future, the separate re¬ gisters be divided into as many parts, as the respective pres- WITCHCRAFT. 334 byteries consist of parishes ; and that the facts respecting the ministers and vacancies of every parish be stated under its own proper head, or division, marked with the name of the parish: And further, That when the abstract of the acts rela¬ tive to the widows’ fund is transmitted, every presbytery and university shall cause it to be bound up with a separate quire of paper, in order that whatever regulations shall be found ne¬ cessary with respect to the fund, may be copied into the book; by which means the whole of the rules concerning the fund will be always at hand .—Act 4. Ass. 1757. WITCHCRAFT* I. That all ministers within the kingdom carefully take no¬ tice of charmers, witches, and all such abusers of the people, and urge the acts of parliament to be executed against them; and that the commissioners from the assembly to the parlia¬ ment recommend to the said supreme judicature, the care of the execution of the laws against such persons, in the most behoofful way .—Act Sess. 2. July 29. Ass. 1640. II. The assembly taking to heart the abundance and in¬ crease of the sin of witchcraft, in all the. sorts and degrees of it, in that time of reformation, and finding the occasions of it to be these, especially, 1. Extremity of grief, malice, passion, and desire of revenge, pinching poverty, solicitation of other witches and charmers; for, in such cases, the Devil assails them, offers aid, and much prevails. 2. That the reasons and causes of Satan’s prevailing are gross ignorance, great infide¬ lity, want of the love of the truth, which God hath made so long and elearly to shine in the land, and profaneness of life. 3. That the means and ways to bring them to a confession and censure are, That a standing commission for a certain time be had from the lords of secret council, or justice-gene¬ ral, to some understanding gentlemen and magistrates, within the bounds of presbyteries that should crave it, giving them * See Scandals, 11, 12. WITCHCRAFT. 335 power to apprehend, try, and execute justice against such persons, as are guilty of witchcraft w r ithin these presbyteries; because many parishes wanted the concurrence of civil magi¬ strates. 4. That the grounds of apprehending them may be, a reigning bruit of witchcraft, backed with delations of con¬ fessing witches being confronted with them; also depositions of honest persons, malefices committed, or curses Used by them : That being apprehended, honest and discreet pei’sons be appointed to watch them lest they should be suborned or hardened by others, or destroy themselves. 6. That mini¬ sters be careful at all times, especially morning and evening, to deal with them by prayer and conference, while they are in prison or restraint. 7. The assembly found that the means to prevent this wickedness are, That ministers be every way careful and painful, in warning people of the dangers thereof, and of Satan’s temptations both privately and publicly, and to instruct them in the knowledge of the gospel, and grounds of religion, by plain catechising, to urge lively faith in Christ, which faith witches bestow otherwise; also to press holiness of life and fervent prayer in private, in families, and in public, that they be not led into temptation; and to use the censures of the kirk against profaneness, such as cursers, whores, drunk¬ ards, and such like, for over such the Devil gets great ad¬ vantage. And, finally, for preventing this heinous sin, that people seek knowledge, study to believe, walk in holiness, and continue constant and instant in prayer; and because charm¬ ing is a sort and degree of witchcraft, and too ordinary in the land, all ministers are enjoined to take particular notice of them, to search them out, and such as consult with them; and that the elders carefully concur in such search; and that an uniform way of censuring those charmers, and such as em¬ ploy them or consult with them, be thought upon; and every presbytery is ordained to take into their consideration, by what other ways or means the sins aforesaid of witchcraft, charming, and consulting with witches and charmers, and sicklike wickedness may be tried, restrained, and condignly 336 WITNESSES) censured and punished, ecclesiastically and civilly, and to re¬ port their judgment therein to the next assembly.- —Act Sess. ult. Aug. 19. Ass. 164 3. III. Some ministers are appointed to consider seriously the growth of the sin of witchcraft, charming, and consulting, and to consult and advise therein among themselves, and also with some lawyers and physicians therein named, severally or to¬ gether, as occasion shall offer, of a way of trial and punish¬ ment of those sins, and to report from time to time to the commission, who were to report to the then next assembly.— Act Sess. ult. Aug. 6. Ass. 1649. WITNESSES *. A list of the witnesses’ names ought to be given to the de¬ fenders some time before, or at least at their compearance, and witnesses ought to be timeously cited, and if they refuse, after three citations given and executions returned, they may be proceeded against as contumacious, or after the first or se¬ cond citation, application may be made to the civil magistrate to oblige them to compear .—Form Proc. cap. 2. § 9. Before witnesses be judicially examined, the accused person is to be called, and the relevancy of the libel discussed; and if a party make any relevant objections against the witnesses, and make his objections evident, the witnesses are to be cast, but the delator or informer may be a witness, except where he for¬ mally complained for his own interest, or that there be preg¬ nant presumptions of his malice against the person accused.—- Ibid. § 10. Witnesses are to be solemnly purged of malice, bribe, or good deed, or partial counsel.— Ibid. §11. The witnesses are to be sworn and examined in presence of the accused party, if compearing, and he may desire the modera¬ tor to put such questions, or cross questions, to the witnesses, as may tend to his exculpation, but he is not to interrupt the witness, or speak during the time of the deponing.— Ibid. * See Ministers, 10. § 57. WORSHIP PRIVATE. 337 §12* If grounds of exculpation be before probation, offered to be proven by witnesses, the moderator and clerk, if re¬ quired, are to give warrant to cite witnesses upon the party's charges; the relevancy of the exculpation being first sus¬ tained : And if the exculpation be fully proven, as to the substance of the scandal, all further proof of the libel must sist, and the defender be assoilzied, if the libel be special as to the time and place of a fact, and the accused more fre¬ quently allege and clearly prove an alibi ; but the substance of the scandal being once deponed upon, there is no place for exculpation, unless it be as to some alleviating circumstances, not contrary to, but consistent with the depositions.— Ibid. §13. If witnesses cannot subscribe, the clerk is to mark that they declare that they cannot write, and the moderator is to subscribe, whether they can subscribe or not.— Ibid. § 14. Act 11. Ass. 1707. WORSHIP PRIVATE *. I. That every minister, besides his pains on the Lord’s day, shall have weekly catechising of some part of the parish, and not altogether cast off the examination of the people till a little before the communion: Also, that in every family the worship of God be erected where it is not, both morning and evening, and that the children and servants be catechised at home by the masters of families, whereof account shall be taken by the minister and elders assisting him in the visitation of every fa¬ mily ; and lest they fail, that visitation of the several kirks be seriously followed by every presbytery, for this end, amongst others ; the execution and success whereof being tried by the synods, to be represented to the general assembly.— Act Aug. 30. Ass. 1639. II. That the several synods and presbyteries, especially these in the North, take care that family-exercise in religion. Domestic Remedies of Sins, 2. U u * See Profaneness, 1. Worship Public, 1. 2. 5. Profaneness, 2. WORSHIP PRIVATE, 338 visitation of churches, catechising, keeping of presbyteriai and provincial meetings, both by preaching and ruling elders, be carefully observed. —Act Sess. 11. Aug. 5. Ass. 1642. III. The following rules and directions, for cherishing piety, and preventing division and schism, are approven; and mi¬ nisters and ruling elders in each congregation appointed to take care, that they be observed and followed; as likewise, That presbyteries and provincial synods enquire and make trial, whether they be duly observed in their bounds; and to reprove and censure, according to the quality of the offence, such as shall be found reproveable or censurable therein ; and ministers and ruling elders are appointed to make diligent search and enquiry, in the congregations committed to their charge respective, whether there be amongst them any family or families, which use to neglect the necessary duty of family worship; and if any such family be found, that the head of that family be first admonished privately, to amend that fault; and in case of his continuing therein, he is to be gravely and sadly reproved by the session ; after which reproof, if he be found still to neglect family worship, That, for his obstinacy in such an offence, he be suspended and debarred from the Lord’s supper, as being justly esteemed unworthy to commu¬ nicate therein, till he amend. Directions .—The assembly finds it convenient and necessa¬ ry, That besides the public worship in congregations, merci¬ fully established in this land in great purity, secret worship of each person alone, and private worship in families be pressed and set up; that with national reformation, the profession and power of godliness both personal and domestic be advanced. And, 1. For secret worship, That every one apart and by him¬ self, be given to prayer and meditation morning and evening, and on other occasions: That pastors, within their several charges, press persons of all sorts to perform this duty; and that the head of every family have a care, that both themselves, and all within their charge, be daily diligent therein. 2. The ordinary duties comprehended w r ithin the exercise of piety, WORSHIP PRIVATE. 339 which should be in families, when they are convened for that effect, are these: First, prayer and praises, performed with a special reference, as well to the public condition of the kirk of God and this kingdom, as to the present case of the family and every member thereto. Next, reading of the Scriptures, with catechising in a plain way ; with godly conference, and with admonition and rebuke, upon just reasons, from those who have authority in the family. 3. That the holy Scrip¬ tures be read ordinarily to the family, and that thereafter they confer, and, by way of conference, make some good use of what has been read and heard ; as for example, If any sin be reproved in the word read, use may be made thereof, to make all the family circumspect and watchful against the same; or, if any judgment be threatened, or mentioned to have been in¬ flicted in that portion of Scripture which is read, use may be made, to make all the family fear, lest the same, or a worse judgment befal them, unless they beware of the sin that pro¬ cured it. And finally, if any duty be required, or comfort held forth in a promise, use may be made, to stir up them¬ selves to employ Christ for strength to enable them for doing the commanded duty, and to apply the offered comfort; in all which, the master of the family is to have the chief hand: And any member of the family may propone a question or doubt, for solution; but that none take upon him to interpret the holy Scriptures, but he that is duly called thereto by God and the kirk ; it being a part of the charge and oflice of the mi¬ nisterial calling. 4. The head of the family is to take care, that none withdraw himself from family worship : That mi¬ nisters stir up such heads of families as are lazy, and train up such as are weak, to a fitness for these exercises; it being al¬ ways free to persons of quality, to entertain one, approven by the presbytery, for performing family exercises; and other families, where the head of the family is unfit, that one con¬ stantly residing in the family, approven by the minister and session, be employed in that service, wherein the minister and session are to be accountable to the presbytery. And il a mi- 340 WORSHIP PRIVATE. nister, by divine providence, be brought to any family, that he convene the whole family for worship, excluding none, ex¬ cept in singular cases. 5. That no idler, who hath no parti¬ cular calling, or vagrant person, under pretence of a calling, be suffered to perform worship in families. 6. 7. That each family keep by themselves at family-worship ; neither requir¬ ing, inviting, nor admitting persons from diverse families, un¬ less it be those who are lodged with them, or at meal, or other¬ wise with them upon some lawful occasion. 8. On the Lord’s day, after every family apart, and the whole family together have sought the Lord to fit them for the public worship, and bless to them the public ordinances, the master of the family is to take care, that all under his charge repair to the public worship ; and that being finished, after prayer, he should take an account of what they have heard, and thereafter spend the rest of the time which they may spare in catechising, and in spiritual conferences upon the word of God; or else, going apart, they ought to apply themselves to reading, meditation, and secret prayer. 9. So many as can conceive prayer, ought to make use of the gift of God, albeit those who are rude and weaker may begin with a set form of prayer ; but so as they be not sluggish, in stirring up in themselves the spirit of prayer; and in the meantime, that these materials of prayer be meditated upon, and made use of, as follows: Let them confess their unworthiness and unfitness for worship, and therefore ask of God the spirit of prayer; confess their sins, and the sins of the family, accusing, judging, and condemning themselves for them, until they bring their souls to some mea¬ sure of true humiliation for them; pour out their souls to God, in the name of Christ, by the Spirit, for forgiveness of sins, for grace to repent, believe, and to live soberly, righte¬ ously, and godly, that they serve God with joy and delight, walking before him; thank God for his mercies to his people and to themselves, especially for his love in Christ, and for the light of the gospel; pray for such particular benefits spiritual and temporal, as they stand in need of for the time; pray for WORSHIP PRIVATE. 34* 1 tiie kirk of Christ in general, for all the reformed kirks, and for this kirk in particular—for all that suffer for the name of Christ—for all our superiors—for the King’s Majesty, &c.—~ for the magistrates, ministers, and the whole body of the con¬ gregation whereof they are members—for their neighbours, absent and at home; they are to close with an earnest desire, that God may be glorified in the coming of the kingdom of his Son, and in the doing of his will; and with assurance that themselves are accepted, and what they have asked according to his will shall be done. 10. These exercises ought to be performed in great sincerity, without delay, laying aside all exercises of wordly business or hindrances; and to this effect, persons of eminency, and all elders of the kirk, ought not only to stir up themselves and families to diligence therein ; but also to concur effectually, that in all other families where they have power and charge, the said exercises be conscion- ably performed. 11. Besides the ordinary duties which are above-mentioned, extraordinary duties, both of humiliation and thanksgiving, are to be carefully performed in families, when the Lord, by extraordinary occasions, private or public, calleth for them. 12. Every member of the kirk ought to stir up themselves, and one another in the duties of mutual edi¬ fication, by instruction, admonition, rebuke, and exhortation to duty, by comforting the feeble-minded, and praying with, or for one another; which duties respective are to be perform¬ ed upon several occasions, offered by Divine Providence; as namely, when under calamity, cross or great difficulty, coun¬ sel or comfort is sought; or an offender is to be reclaimed by private admonition; or, if that be not effectual, by joining one or two more in the admonition, according to the rule of Christ. 13. That persons troubled in conscience, finding no ease after the use of all ordinary means, private and public, have their address to their own pastor, or some experienced Christian : But if the person troubled in conscience be of that condition, or of that sex, that discretion, modesty, or fear of scandal rcquireth a godly, grave, and secret friend to be pre- 342 WORSHIP PUBLIC. sent with them in their said address, it is expedient that such a friend be present. 14. When persons of diverse families meet abroad upon their particular vocations, or any necessary occasions, they ought to take care, that the duties of prayer and thanksgiving be performed, by such as the company shall judge fittest; and that they use no corrupt, but edifying com¬ munication.—See these directions more fully in Sess. 19. Aug. 24. Ass. 1647. a IV. Recommended to ministers and elders in each congre¬ gation, to take care that the worship of God, and calling upon his name be daily performed in all families; and the Act of Assembly 1694 b , which recommends, that none be ruling el¬ ders who make not conscience of this unquestionable duty, is renewed. And appointed, That in case any elder or deacon shall neglect to worship God in their families, by themselves or others appointed for that effect, that they be seriously ad¬ monished to amend, and, if need be, rebuked for the same; And if, notwithstanding of the admonition and rebuke of the minister and other elders, any elder or deacon continue ob¬ stinate in their neglect, that such elder or deacon be remov¬ ed from his office by the presbytery .—Act 7. Ass. 1697 V. Seriously recommended to presbyteries, to use their ut¬ most endeavours that the worship of God be set up and per¬ formed in all its parts, in the families within their bounds, ac¬ cording to the former acts of assemblies, and directions given concerning the same .—Act 7. Ass. 1711. WORSHIP PUBLIC * *. I. Act appointing a directory for worship to be framed with all deligence, and put into the hands of the commissioners of assembly, to be by them revised and transmitted to the seve¬ ral synods, to the end that being reported, with their consent a This Act and the Directory for Private Worship, are given at large and published along with the Confession of Faith and Catechisms of the church. b Profaneness, 1. * See Lord’s Supper, 2, Kirks. WORSHIP PUBLIC. 34-3 and observations, to the next assembly, they might after full trial and approbation, order and authorise the same to be re¬ ceived and practised by all ministers and particular kirks; and in the meantime, forbidding all disputations by word or writing, in private or public, about different practices in such things as had not been formerly determined by the kirk, and all condemning of one another, in such lawful things as had been universally received, and by perpetual custom, practised by the most faithful ministers of the gospel, and opposers of corruptions in the kirk, since the first beginning of reforma¬ tion to these times, under the pain of censures of the the kirk; and appointing, that all beginning of separation, all scandals and divisions, be, by all means avoided .—Act Sess. 12. Aug. 15. Ass. 1643. II. The directory for the public worship of God in all the three kingdoms, agreed upon by both houses of the parliament of England, after consultation with the divines of both king¬ doms assembled in England, is unanimously agreed to, and approven by the assembly in all the heads thereof, together with the preface set before it: and they require, decern, and ordain, that according to the plain tenor and meaning thereof^ and the intent of the preface, it be carefully and uniformly ob¬ served and practised, by the ministers and others within this kingdom whom it doth concern, from and after the time men¬ tioned in the act: And ’tis recommended to the commission, to take special care for the timeous printing of the said directory, that a printed copy of it be provided and kept for the use of every kirk within the kingdom, and that each presbytery have a printed copy thereof, for their use; and that they take spe¬ cial notice of the observation or neglect thereof, in every con¬ gregation within their bounds, and make known the same to the provincial or general assemblies, as there shall be cause; and ’tis provided, that the clause in the directory respecting the administration of the Lord’s Supper, which mentioneth the communicants sitting about the table, or at it, be not in- 344 WORSHIP PUBLIC. terpreted as if, in the judgment of the kirk of Scotland, it were indifferent and free for any of the communicants not to come to and receive at the table; or, as if they approved the distributing of the elements by the minister to each communi¬ cant, and not by the communicants among themselves : ’Tis also provided, that this act should be no prejudice to the or¬ der and practice of this kirk, in such particulars as are ap¬ pointed by the books of discipline and acts of general assem¬ blies, and are not otherwise ordered and appointed by the di¬ rectory, and God’s goodness is acknowledged in bringing the uniformity in religion to such a period .—Act Sess. 10. Feb. 3. Ass. 1645 a . III. That minister’s bowing in the pulpit, though a lawful custom in this kirk, be thereafter laid aside, for the satisfaction of the desires of the reverend divines in the synod of Eng¬ land, and for uniformity with that kirk .—Act Sess. 14. Feb. 7. Ass. 1645. IV. Every minister charged to be diligent in fulfilling his ministry; to be holy and grave in his conversation; to be faithful in preaching, declaring the whole counsel of God, as he has occasion from the text of scripture; to reprove the sins and errors, and press the duties of the time; and in all these to observe the rules prescribed by the acts of the general as¬ sembly ; and if he be negligent therein, that he be censured by his own presbytery. As also, every member in every con¬ gregation, is ordained to keep his own parish kirk, to com¬ municate therein in the word and sacraments, except in ur¬ gent cases, made known to, and approven of by the presby¬ tery; otherwise, that the ministers of these congregations whereto they resort, do both in public, by preaching, and in private by admonition, shew their dislike of their withdraw¬ ing from their own ministers; and the ministers of that con- n This act, with the directions at large for public worship, is published with the Confession of Faith, and catechisms of the church. WORSHIP PUBLIC. 345 grcgation from which they withdraw, shall labour, first by ad¬ monition, to reclaim them; and if they amend not, shall de¬ late them to the session, who shall cite and censure them, as contemners of the comely order of the kirk; and if the matter be not taken order with there, that it be brought to the pres¬ bytery: For the better observing whereof, that the presbyte¬ ries, at the visitation of their several kirks, and provincial as¬ semblies, in the censure of the several presbyteries, shall en¬ quire thereanent; which enquiry and report shall be register¬ ed in the provincial books, that their diligence may be seen in the general assembly.— Sess. 19. Aug. 24. Ass. 1647. V. The due observance of the directory for public worship, is seriously recommended to all ministers and others within this national church.— Act 10. Ass. 1705. VI. Recommended to persons of all ranks, to forbear bow¬ ing, or other expressions of civil respect, and entertaining one another with discourses while divine worship is performing, and holy ordinances are dispensing; and that, as to this mat¬ ter, people carefully observe what is enjoined in the first head of the assembly’s directory for the public worship of God in this church.— Act 4. Ass. 1709. VII. Recommended to all the ministers of the church, ac¬ cording to their discretion, to read at one of the meetings for public worship such a portion of the Old or New Testament, or of both, as they may judge expedient. Declared, That it is not meant that this recommendation in any degree super¬ sede the exercise of lecturing, which is enjoined to be observ¬ ed throughout the church in conformity, to the acts of Ass. 16 94 a , and 1704 a , as a most im portan t branch of the public ministrations of pastors and teachers.— Act 19. Ass. 1812. VIII. Recommended earnestly to all the parish ministers of this church, to give their countenance and aid, within their respective parishes, to subscriptions for erecting a monument- a Lecturing, 1. 2. Xx 346 WORSHIP PUBLIC. al edifice, comprehending a church, destined for the purposes of divine worship, in commemoration of the unparalleled vic¬ tories, with which the Great disposer of Events had been pleased to crown the British Arms by sea and land, in the late glorious and eventful war, in which the valour of Scots¬ men was so conspicuously displayed in every quarter of the globe.— Act 10. Ass. 1819. THE END OP ACTS OF ASSEMBLY. The FORM OF PROCESS in the Ecclesiastical Judicatures in Scotland , with relation to Scandals and Censures. ACT OF THE GENERAL ASSEMBLY AFFROVING A FORM OF TROCESS. Edinburgh , April , 18, 1707, Sess. 11. * The general assembly having this day, and at'several for¬ mer diets, had read in their audience, the overtures concern¬ ing a form of process in the judicatories of this church, with relation to scandals and censures, which were transmitted by the late general assembly to the several presbyteries for their judgment thereupon, and having maturely considered the said whole overtures, with the remarks and observations of presbyteries made upon the same; after full reasoning, both in committees and open assembly, upon the several particulars contained in the said form of process, the general assembly did by their votes, nemine contradicenti , and hereby do, ratify and approve the foresaid form of process as now amended, in the whole heads and articles thereof; and appoint and or¬ dain the same to be observed and practised by the respective judicatories of this church, as an act and ordinance of assem¬ bly, and as fixed binding rules and directions in the whole matters therein contained; except the seventh, eighth, and ninth paragraphs of chapter fourth, and what concerns the pressing of the oath of purgation; as to which the general as¬ sembly supersedes at this time to enjoin the observation there¬ of as positive standing rules; but they did and hereby do, unanimously recommend to presbyteries and other judica¬ tories of the church, that they regulate themselves according 34-8 FORM OF PROCESS, &C. to the advice therein insinuated, as they shall find to tend most for edification ; the tenor of which form of process fol¬ lows :— CHAP. I. Concerning Church Government , Discipline. Scandal, and Cen¬ sures in general. o n 1. Our Lord Jesus Christ hath instituted a government, and governors ecclesiastical in his house, with power to meet for the order and government thereof; and to that purpose, the Apostles did immediately receive it from the hands of their Lord and master Jesus Christ, and did use and exer¬ cise the same upon all occasions, and Christ hath from time to time, furnished some in his church with gifts for government, and with commission to exercise it when called thereunto, and lias promised his presence to be with them to the end of the i world. 2. It is agreeable to, and founded on the word of God, that some others, beside those who labour in the word and doctrine, be church governors, to join with the ministers of the word in the government of the church, and exercise of discipline and oversight of the manners of the people, which officers are called ruling elders; as also, that the church be governed by several sorts of judicatories, and one in subordi¬ nation to the other; such as kirk-sessions, presbyteries, pro¬ vincial synods, and general assemblies. 3. Church discipline and censures, forjudging and remov¬ ing of offences, are of great use and necessity in the church, that the name of God, by reason of ungodly and wicked per¬ sons living in the church, be not blasphemed, nor his wrath provoked against his people; that the godly be not leavened with, but preserved from the contagion, and stricken with fear, and that sinners who are to be censured, may be asham- FORM OF PROCESS, &C. S4-9 eti, lo the destruction of the flesh, and saving of the spirit in the day of the Lord Jesus. 4. Nothing ought to be admitted by any church judicatory as the ground of a process for censure, but what hath been declared censurable by the word of God, or some act or uni¬ versal custom of this church agreeable thereto : And the se¬ veral judicatories of this church ought to take timeous notice of all scandals: But it is judged, that if a scandal shall hap¬ pen not to be noticed in order to censure for the space of five years, it should not be again revived, so as to enter into a process thereanent, unless it be of a heinous nature, or be¬ come again flagrant; but the consciences of such persons ought to be seriously dealt with in private, to bring them to a sense of their sin and duty. 5. These assemblies or church judicatories before mention¬ ed, have power to convene and call before them any persons within their bounds, when the ecclesiastic business which is before them, doth concern them, either as party, witness, or otherwise; and to examine them according to the nature of the affair; and to hear and determine in such cases as shall orderly come before them, and accordingly dispense church censures. 6. If a person be charged with a scandal, who lives within the bounds of another parish, the kirk-session of the parish where that person resides, should be desired to cause to cite that person to answer before the session in whose bounds the scandal happened, and the same course is to be followed in such cases by the other judicatories of the church, seeing for order’s sake they should not presume to exercise that autho¬ rity without their own bounds. 7. The minister of the word being an office above that of the ruling elder, cannot be liable to the censure of kirk-ses¬ sions, but to the superior judicatories of the church. FORM OF.PROCES, &C. 35,0 CHAP. II. Concerning the entering of Processes, citation of parties and witnesses, and asking depositions, and anent fugitives front discipline. 1. Members of kirk-sessions are wisely to consider the in¬ formation they get of scandals, and consult with their minis¬ ter thereanent, even before the same be communicated to others; that thereby the spreading of the scandal may be prevented, and it may be removed by private admonition, ac¬ cording to our Lord and Saviour’s rule, Matth. xviii. 15. which, if amendment follow, is the far better way of gaining and recovering a lapsed brother, whereas the needless spread¬ ing of a scandal does sometimes harden the guilty, grieve the godly, and is dishonourable to religion. 2. When any business is moved in a church judicatory, whether by information, petition, or otherwise, they are, in the first place to consider, whether the matter in its circum¬ stantial case be proper for them to enter upon, and whether it be orderly brought in, and proper for them to cognosce and discuss themselves, or prepare for superior judicatories; and they should endeavour to shorten their work as much, as with edification of the church they can, and as will consist with prudent zeal against sin. 3. In proceeding in all causes, where there is any person, or parties concerned, the judicatory is to see, that before they proceed, these persons or parties be duly sisted before them by a legal and timeous citation in writ, bearing its cause; either at the instance of a party complaining, or at least by order of the judicatory; and if they be residing within the parish, the same may be upon forty-eight hours advertise¬ ment, and the execution of the summons bearing its cause, and made before two or three witnesses inserted, is to be re¬ turned by the beadle or officer in writing, and the person F011M OF rltGCES, &C. 351 cited, called at the door, and this is especially to be observed by presbyteries and other superior judicatories of the church. 4. Sometimes it may be fit that the party be privately spoken to, before any citation be given or process begun, for their better gaining, in which case the minister is to exercise his own discretion, and take the concurrence of elders and others with him ; but if the party cited as above, appear not, there ought to be a second, and then a third citation, by or¬ der of the sessions or presbyteries, either personally or at their dwelling-houses, before the judicatory declare the person con¬ tumacious ; unless the party be cited to appear before a su- perfor judicatory by reference and appeal, in which case there is not that need of so many citations before the superior judi¬ catory, the party having actually appeared before the inferior judicatory. 5. All citations apud acta are peremptory; and, if in¬ structed, infer contumacy when not obeyed. 6. If a person fail to appear on the third citation, or upon a citation apud. acta , and no relevant excuse adduced and verified; though, in that case he be censurable for contu¬ macy, yet it may be fit the judicatory proceed to take cog¬ nition, either by examining witnesses upon oath, or by other documents, of the verity of the scandals delated against him, before they censure him for contumacy. 7. If the party appear, then the moderator is to inform the person, of the occasion of his being called, and to give him, if desired, a short note in writing thereof, with the names of the witnesses that arc to be made use of. 8. There is no need of accusers or informers in ecclesiastic processes, where the same are not raised at the instance of a party complaining formally ; but the party, if cited by order of the judicatory, is to answer the judicatory in what is laid to his charge: Yet so, that if the party cited be found innocent and acquitted, those who informed the judicatory, whether the party require it or not, ought to be noticed, for cither calumny or impudence, as the judicatory shall find cause.' 352 FORM OF PROCES, &C. 9. If there be a list of witnesses made use of in the process, a list of their names ought to be given to the defenders some¬ time before, or at least at their compearance, and witnesses ought to be timeously cited to give evidence; ahd if they re¬ fuse, after three citations, and executions returned, they may be proceeded against as contumacious; or, if judged needful after the first or second citation, application may be made to the civil magistrate to oblige them to compear. 10. Before the witnesses are judicially examined, the ac¬ cused person is to be called, and the relevancy of the libel dis-r cussed; and if the defender compear, he may object against any of them, and if the objection be relevant, and made evi¬ dent to the judicatory, the witnesses are to be cast; but a person being the dilator or informer, doth not hinder him to be a witness, except in the case where he formally complains for his own interest, or that there be pregnant presumptions of his malice against the person accused. 11. Though there be no relevant objection, yet the witnes¬ ses are to be solemnly purged of malice, bribe, or good deed, or partial counsel. 12. The witnesses are to be sworn and examined in pre¬ sence of the accused party, if compearing, and he may desire such pertinent questions, or cross questions to be proposed to the witnesses, as may tend to his exculpation, which if the ju¬ dicatory think pertinent are to be proposed, but no accused person is to interrupt the fitnesses, or speak during the time of their deposition. 13. If the party accused do before probation offer grounds of exculpation to be proven by witnesses, the moderator and clerk, if required, are to give warrant, to cite witnesses upon the party’s charges; the relevancy of the exculpation being- first considered and sustained by the judicatory; and if the exculpation be fully proven, as to the substance of the scan¬ dal, all further proof of the libel must sist, and the defender assoilzied, if the libel be special, as to time and place of a fact, and the accused more pregnantly allege and clearly FORM OF FRO CESS, &C. 353 prove alibi: But the substance of the scandal being once de¬ poned upon, there is no place for exculpation, unless it be as to some alleviating circumstances, not contrary to, but con¬ sistent with the depositions already taken. 14. If the witnesses cannot subscribe their names to the depositions, the clerk is to mark that they declare that they cannot write, and the moderator is to subscribe, whether they can subscribe or not. 15. After depositions are ended, and parties removed, the judicatory at the same time, or some after diet thereto ap¬ pointed, are to advise the cause, and in doing thereof to rea¬ son calmly, speaking always to the moderator one after another, without interrupting one another, using no reflect¬ ing language to or of one another, nor too long harangues or digressions. 16. If any person or persons, under process for scandals, abscond, they, after being called, and not compearing, should be cited, first from the pulpit of the parish where the process depends, and they reside; and if they do not thereupon appear before the judicatory before whom the process depends, they are, by order of the presbytery, to be cited from the pul¬ pits of all the kirks of their bounds, to compear before the presbytery; and if they do not then compear, they are to be declared fugitives from discipline, and the same to be intimated in all the kirks within the bounds of the presby¬ tery ; desiring, That if any knows of the said fugitives, they may acquaint the minister or elder of the bounds thereof; and the presbytery are to sist there, until they get further notice of these persons. CHAP. III. . ' . i Concerning swearers, cursers , profaners of the Lord’s day , drunkards, and other scandals of that nature. I. It may fall out that one single act of drunkenness, or breach of the Lord’s day, disobedience to parents, or swear- Yy 351 - form OF PROCESS, &C. ing, cursing, scolding, fighting, lying, cheating, or stealing, may be clothed with such circumstances, as may be a just ground of process immediately, and even bring the guilty un¬ der the lesser excommunication, or suspension from sealing ordinances, and require their appearance in presence of the congregation, to be rebuked before relaxation: But the weight of this is to be duly pondered, and church judicatories and members thereof are to consider, whether private admo¬ nition of the person guilty of the above scandals not clothed with such circumstances, or the bringing them to public, will tend most to edification ; end the judicatures are to pro¬ ceed accordingly. 2. But ordinarily, in all such offences, the guilty is, for the first fault, to be spoken to in private by the minister or an elder, and admonished ; and on promise, from a sense of guilt, to amend, they may sist there. 3. But if the person relapse, he should be called before the session, and if found guilty, be there judicially rebuked, and the session on promise from a due sense of sin to amend, may again sist. 4. But if the person amend not after that, the session should orderly proceed, unless repentance appear, and due satisfaction be offered, until they inflict the lesser excommu¬ nication, and suspension from sealing ordinances, under which, the censured is to ly until amendment and reforma¬ tion. 5. With respect to scandals, the grossness whereof makes it necessary to bring the persons guilty oftener than once be¬ fore the congregation, the rules prescribed by the 4th act of the general assembly, anno 1705, are to be followed. 6. If the guilty persons continue in this condition, or lie under the censure of the lesser excommunication a consider¬ able time, and be found frequently relapsing in these vices they were censured for, it may be construed such a degree of contumacy, and so aggravate the crime, as to found a process of the higher excommunication to be inflicted, or not, as may FORM OF PROCESS, &C. 355 tend most to the reclaiming of the guilty, and the edification of the church. CHAP. IV. Concerning the sin of Fornication , Adultery , and Scandalous Carriage tending thereto. 1. In delations about the sins of uncleanness, it falls fre¬ quently out, that when the matter is put to the strictest trial, all that can be proven is but presumptions of guilt or scanda¬ lous behaviour, and not the act of uncleanness, the same being a work of darkness; and therefore this should oblige the kirk- session to be very cautious how to admit the public entering a process without good warrants, where there is not a child in the case, unless the scandal be very flagrant. 2. Many of those actions which give occasion to the raising a scandal of uncleanness, are such as are not in themselves alone publicly censurable, but are to be past with a private rebuke or admonition. 3. Yet some of these actions which come under the name of scandalous behaviour may be so lascivious and obscene, and clothed with such circumstances, as may be as offensive as the act of uncleanness itself and as censurable. 4. If a married woman, whose husband has been absent be¬ yond the ordinary time that women use to go with child, be found with child, this may give ground to a kirk-session for a process against her; but in this case, judicatories would be prudent in considering all circumstances, and whether the per¬ son has been always of entire fame before, and how the public fame now runs. 5. When an unmarried woman is known to be with child, the same gives ground to a kirk-session for a process against her; and after she is cited before the session, and appeareth, she is to be interrogated who is the father of her child, and though in other cases the divulging of a secret may be very imprudent and indeed the raising of a scandal, yet in this case 356 FORM OF PROCESS, SiC. where there is a child, whereby there is an undeniable scandal, and the keeping secret of the father a ground of great offence, and of suspecting many innocent persons, if she discover not the father, she is to be looked upon as contumacious. 6. Prudence may sometimes require, that the person, named to be the father, be informed thereof, and spoken to privately; and if he deny the same, he is to be seriously dealt with to confess; but if he still deny, the session is to cause cite him to compear before them. 7. In this process, when the delated father compearetb, he is to be interrogated, and if he deny, he is to be confronted with the woman, and the presumptions as particularly held forth as possible ; and all along there should be private treat¬ ing with him, in all meekness, charity, and seriousness; and if, after all this, he deny, though the woman’s testimony can be no sufficient evidence against him; yet frequent presump¬ tions, such as suspicious frequenting her company, or being solus cum sola in loco suspecto , or in suspect postures, or such like, which he cannot disprove to the satisfaction of the session, may so lay the guilt upon him, as to shew him, that there ap¬ pears to no other way of removing the scandal, but his appearance to be publicly rebuked therefore: If he will not submit to this, it perhaps may be more for edification, that a true narrative of the case be laid before the congregation, and intimation given, that there can be no further procedure in the matter, till God give further light, and sist there at the time; than that an oath be pressed, and, upon refusal, pro¬ ceed to the higher excommunication; but if the person ac¬ cused do offer his oath of purgation, and crave the privilege thereof, the presbytery may (if they shall judge it for edifica¬ tion and for the removing of the scandal) allow the same, which may be to this purpose: “ I, A. B. now under process before . j. : .<). .:» '' i.' /1 i ' . . j'Mi'H: : i -i: - )■ ,?I •:v:! r j> i!i- li Xioin • !;■ ■,! • ■ »;*; • I ■ .• i; i!: J i» yiidTIo 'n!; ■ •» • 1 ;*>■ i /l* in»Tl3j3 *£if* I * Ali)l ! d ;.-J> >■: :'1'irilirf \lf f; >•}’■'■>. :;:lc : h 1 ■■■:;■•{ ; i! ' ,■ . • > • .,’t> - ;t’)I > T • • r , (...'ll fti: ;■/ i:- !)*.)•'.,■ i.kd n-.'ii. !•; Liii y • i ‘h! 1 k' i’ i'n ■ n'iLn 'ti.- ) • i- • •. ;• . ' - , r . • ,! - ••ini ■ :: • APPENDIX, CONTAINING AN ABRIDGED VIEW OF THE PRESENT STATE OF THE Citnl flato RESPECTING THE CHURCH. I 1 . t > , ■- ■■ - n /r ■■ j uwnwj:;- ■ : . ' i ;;:■■■■* — / :: f * f ’ APPENDIX. ' ANN.. ’ Ann or Annat is the right which law allows to the execu¬ tors of a minister, of half a year’s stipend, over and above what was due for his incumbency, payable immediately after his death. By some early decisions it was extended to a whole year’s stipend a , but it was afterwards limited, and is now finally settled by the following provision; that if a minister live after Whitsunday, his executors are entitled to one half of that year’s stipend in right of his benefice, and to the other half in name of Ann: And that, if he survive Michaelmas, his executors are entitled to the whole of that year’s stipend in right of the benefice, and to one half of the following year’s stipend, in name of Ann b . The Ann is now the right of all ministers indiscriminately; and is due to the executors of the minister of a burgh, whose stipend is not paid from teinds, but from the revenues of the burgh or a fund from voluntary subscription c . The right of Ann does not extend to the glebe or manse. If a minister, before his death, sow the glebe, his heirs are en¬ titled to reap the fruits, according to the rule messio sequitur a Durie, July 19, 1626, Marischal. 6 Act 1672, c. 13. c Fountainliall & Forbes, Shiels v. Earl of Crawford, 8th Feb, 1709. Hut¬ cheson v. Magistrates of Edinburgh, 9th June 1747. 3 B 2 ANN. servitem. But an heir or executor cannot after the incum- bent’s death, pretend to sow the glebe even although the seed¬ time be arrived. Where the lands are possessed by a tenant, and the minister die after November, and though the tenant has sown them with wheat; he cannot be removed till he has reaped the crop; but the executors of the deceased minister have no right to the rent, one half of which goes as vacant stipend, and the other to the succeeding minister d . Neither the widow nor the children are entitled to possess the manse beyond the next term of Whitsunday or Martinmas after the minister’s death; during which space, they are presumed to have had sufficient time to provide themselves with another residence. They are entitled also to the next term after the minister’s death, to continue in possession of such pastures as attach to the benefice. There exists a difference of opinion as to the mode of pro¬ portioning the Ann. It is supposed by some, amongst whom is Mr Erskine, that it ought to be subject to the rules of suc¬ cession in moveable property, by which, where there is a wi¬ dow and children, one third goes to the widow, the other to the children, and the remainder, denominated <{ deads part,” falls also to the children. But it has been determined, that the Ann stands upon a different footing from that of other moveable subjects; it never in any way belonged to the de¬ ceased ; but is a legal gratuity vested in his widow and chil¬ dren, and therefore admits only of a two-fold division; one of which goes to the widow by herself, and the other per capita to the children e . Where there is a widow without children, the widow gets the one half, and the nearest of kin, the other. If there be children and no widow, the children get the whole, to the entire exclusion of the other relatives of the deceased ; and where he has left neither widow nor child, the whole Ann goes to the next of kin f . d Sir Robert v. Carstairs, ISth June, 1807. Ersk. B. II. tit. 10. § 67. e Children of Macdermit v. Montgomery, 14th July, 1747. f Stair, July 6, 1665, Colvil. CHURCH GOVERNMENT. ft The executors of a minister have light to the Ann, “ without necessity or expense of confirmation,” which is the method the law has appointed to perfect titles to the moveable pro¬ perty belonging to the deceased, in the person of his nearest of kin ; and therefore, a form of this kind is unnecessary to vest the right g . The Ann belonging only to the executors of a minister, he is not entitled, were he so inclined, to give it away or impair it by legacies h . Nor can the Ann be attached or affected by the creditors of an insolvent minister The Ann is due only where the minister has died an in¬ cumbent of a parish. Therefore when he is translated to another benefice, no Ann is due ; or when he has been depos¬ ed, or has resigned his living, at his death there is no Ann. But the sentence of a church court suspending a minister from his office, will not affect the Ann j . The Ann is burdened with a sum, equal to the one half of the annual rate at which the incumbent has been in the use of contributing to the fund for the widows of ministers k . CHURCH GOVERNMENT. The form of church government underwent repeated changes in Scotland, after the reformation. It fluctuated be¬ tween presbytery and episcopacy for a long series of years; but at length the presbyterian mode was established at the revolution * *, and confirmed at the union. It was then declar¬ ed to be the only, and the unalterable government of the church within Scotland; and the inhabitants to be free from any oath, test, or subscription contrary to, or inconsistent with the protestant religion, and presbyterian church governmen t as established by law m . E Act 1672, c. 13. h Alexander v. Cunningham, 18th March, 1686, Fountainhall. * Donaldson v. Brown, 20th February, 1694, Fountainhall. ) Widow of Shiels v. Heritors of West Calder, 26th January, 1670, Stair. k Acts 17 Geo. II. Ci 11. § 16. and 19 Geo. III. c. 20. § 14. 1 Act 1790, c. 5. 1H Act 1707, c. 6. * CHURCH GOVERNMENT. Presbyterian church government consists of kirk sessions, presbyteries, synods, and general assemblies n . Each of these courts is composed partly of clergymen, and partly of laymen, who bear office in the church, under the denomination of elders. The kirk-session is composed of the minister or mi¬ nisters of each parish, with two or more elders, who superin¬ tend the concerns of that individual parish, under the review of the presbytery. Presbyteries consist of several ministers of contiguous parishes, with an elder from each ; and their busi¬ ness is to inflict censures, plant ministers in vacant churches, ordain them, translate them from one church to another, sus¬ pend them from the exercise of their office, and deprive them of the office itself. But an appeal lies from all sentences of the presbytery to the provincial synod; which is composed of several adjacent presbyteries, with an elder from each, and which is chiefly a court of review: An appeal is also compe¬ tent from this court to the general assembly. The chief bu¬ siness of this venerable court, which is the supreme ecclesias¬ tical tribunal, and admits of no appeal, except in a few in¬ stances to the imperial parliament, besides the discussion and determination of appeals from all the other ecclesiastical courts in Scotland, is to define or explain articles of faith, condemn heretical opinions, and lay down regulations for the better es¬ tablishment of the government and discipline of the church; but all their resolutions must be consistent with the laws of the realm, from which the church derives its authority Besides the jurisdiction of the church in spiritual matters, which, in general, is exercised by all the courts, there is a^i- vil jurisdiction peculiar to some of them, consisting of the fol¬ lowing particulars. Presbyteries have, in some respects, the charge of parochial schools and schoolmasters p . Heritors being appointed to provide a school-house and modify a salary for a master, if they fail to do so, or neglect to fill up a vacancy n Act 1592. c. llt>. 0 Ibid, tit supra. V Acts 1696. c. 26. end 43 Geo. III. c. 54. CHURCH GOVERNMENT. 5 within four months after it takes place, the presbytery is di¬ rected to apply to the commissioners of supply of the county, who, or any five of them, have power to establish the school and settle the salary q . All schoolmasters and teachers of youth are liable to the trial and judgment of their respective presbyteries, not only for their sufficiency and qualifications, in'order to their being elected, but for their conducted deport¬ ment after their admission, while they continue in th.eir offices r . Presbyteries are empowered to design or mark out proper manses and glebes for ministers ; but their powers go no far¬ ther than designation : if the possessor of the ground designed, refuse to give up the possession to the minister, the execution is committed to the court of session, by whose authority letters issue from the signet for that purpose s . The kirk-session also possess civil jurisdiction in some cases. The kirk-session of every parish has power to put in execution the statute for punishing strong and idle beggars f , and for supporting the poor u . It has also power to try, cognosce, and put in exe¬ cution the statute prohibiting lint to be steeped in lochs and burns v ; and also to try the crime of drunkenness w . By an early act, all assemblies, even in ecclesiastical mat¬ ters, which had not the king’s previous licence were prohibit¬ ed x : but a subsequent statute declares, that though his Ma¬ jesty or his commissioner have power to name the time and place of meeting of the general assembly, yet in their absence, it is lawful for the assembly itself to appoint the time and place of its next meeting y . It has never, however, met in a national assembly, without the royal warrant; and upon an occasion of the king’s commissioner thinking it incumbent upon him, in the discharge of his office, to dissolve the as¬ sembly before their business was concluded, the court prudent¬ ly gave way, and submitted to the dissolution without a mur- ‘1 Vide Schools and Schoolmasters. r Ibid. 8 Vide Manses. Glebes, t Act 1579. c. 74. « Acts 1597. c. 272; 1600, C. 19. v Acts 1606, c. 15; 1685, c. 20. w Act 1617, c. 20. * Act 1584, c. 131, V 1592, c. 116. V 6 COMMUNION ELEMENTS. mur z . On another occasion when by accident, the king’s commission had not arrived at the time fixed for the meeting of the assembly, it met, chose its moderator, and settled the order of taking up causes, but did not actually proceed to bu¬ siness till the commision arrived a . COMMUNION ELEMENTS. At a very early period, communion elements were ordered to be furnished by the parson of the parish 5 , but subsequently stipends were declared free from all burdens whatsoever c . It is now, and has been for a considerable time, the invariable prac¬ tice to modify a fixed sum for communion elements, along with the minister’s stipend, out of the teinds; and that most probably under the authority of the general words contained in a com¬ mission of parliament d , repeated in another immediately fol¬ lowing e . All the powers of the commissions of parliament before the union, being concentrated in the court of teinds, and these commissions having assumed that power, the exer¬ cise of it has been continued to the present day. In one of the first modifications granted after the union, the decreet bears, that the provision was given “ both for stipend and “ communion elements f .” The sum modified for a number of years seldom exceeded forty or fifty merks, or forty pounds Scots : After 1715, there are a few instances of a hundred merks or a hundred pounds Scots. After second augmentations came to be granted by the court, a hundred pounds Scots (£8. 6s. 8d.) was the sum generally allowed; and of late years, to a populous parish, ten pounds sterling have been awarded. The allowance is ge¬ nerally in money. As the sum granted for communion elements, does not pro¬ perly form a part of the stipend, the minister is not entitled 2 Ersk. B. I. tit. 5. § 6. a In the years 1746, and 1760. b Act 1572, c. 54. c Act 1503, c. 165. 11 Act 1633, c. 19. e Act 1611, c. 30. f Parish of Nigg, 26th Nov. 1707. CONFESSION OF FAITH. 7 to receive it., except on the actual celebration of the ordinance, to defray the expence of which it is intended. Where a mi¬ nister had neglected to administer the sacrament, and uplifted the allowance, the heritors brought an action against him to return what he had received, and to bestow it on the poor; the court found him liable s . Where the sum modified has been paid, even although the ordinance had not been cele¬ brated, yet the court ruled, that the heritors had no claim of repetition against the minister h . In this case, notwithstand¬ ing the sum modified for communion elements had been re¬ gularly paid, yet the sacrament had not been administered in the parish church for six or seven successive years; and al¬ though there was not sufficient ground for repetition against the minister, yet a clear opinion was delivered, that the heri¬ tors were not bound to pay the sum modified for communion elements in future, unless the sacrament was regularly admi¬ nistered. CONFESSION OF FAITH. The Confession of Faith 5 agreed upon by the assembly of divines at Westminster, which contains the articles of belief, and is the standard of the doctrine and worship of the church of Scotland, was ratified, and all statutes contrary to it Were rescinded j . At the revolution it was approved by parliament, and ordained as the public and avowed confession of the faith of the church k . Every minister possessing a benefice in the church, must sign the confession of faith within a month after his admis¬ sion ; and such as maintain any doctrine contrary to the ar¬ ticles of it, and either persist therein or relapse after admoni¬ tion, shall be deprived of his benefice l . And none is to be admitted or continued a minister or preacher, unless he sub- % Minister of Abdie v. Heritors, 2d July 1713. 14th June, 1780. i Act 1607, c. 5. * Act 1690, c. 5. i Act 1572, c. 46. 11 Hay v. Williamson, > Act 1567, c. 31. H COURT OF TF.INDS. scribe the confession of faith, declaring it to be the confes¬ sion of his faith; and that he owns the doctrine therein con¬ tained to be the true doctrine of the church, to which he will constantly adhere ra . This is also obligatory on all principals, professors, and other office-bearers in universities or colleges n , and also upon schoolmasters °. COURT OF TEINDS. The teind court was originally a commission of parliament appointed first in the reign of James VI p to ameliorate the ecclesiastical state of Scotland. It was renewed from time to time, with powers to plant churches, where they were wanted, to disjoin them when requisite, and unite them when circum¬ stances rendered it necessary ; and at the same time to make effectual provision for the ministers, by modifying stipends for them, out of the teinds which formerly belonged to the church. At the union, the powers of all these commissions were transferred to the judges of the court of session, who were declared perpetual commissioners q . This court regard¬ ed as a commission of parliament, is quite unconnected with the court of session. Their jurisdictions are distinct; and each has its particular clerks, macers* and other officers. But their proceedings are subject to the review of the house of lords r as well as those of the court of session. This court, which consists of the whole judges in presentia , now meets once a fortnight during the session time, at 10 o’Clock in the forenoon, and the whole day is devoted to teind business *. The powers of the court by a late act of parliament, have undergone considerable alteration and enlargement, in the augmentation and modification of ministers’ stipends It was formerly a matter of doubt, whether the powers of the court permitted the re-augmentation of a stipend which had been augmented since the union. This doubt is now, ,n Act 1693, c. 46. n Act 1690, c. 17. ° Act 48. Geo. III. c. 54. P Act 1617, c. 3. q Act 1707, c. 9. 1 Kilmoden, 8th July, 1784. s By Act 48 Geo, III, c. 138. § 15. 1 ib. COURT OF TEINDS. 9 however, removed, and stipends are allowed lobe re-augment¬ ed. But those which had been modified before the 12th March 1808, are not to be again augmented for fifteen years after the date of the former decreet of modification u . And those stipends which should be augmented since that period are not to be so again for twenty years thereafter v . But from this rule were excepted, all processes which had been brought into court prior to the 12th March 1808, and such as were under appeal to the house of lords. It was declared compe¬ tent for the pursuer, either to suspend these actions, until the lapse of fifteen years from the last decree of modification, or bring them to a conclusion. In the latter case, the court was empowered to augment or not as they saw occasion, and if they did, such stipends were not to be altered for twenty years thereafter w . It had long been uncertain, whether a modification could take place in victual, where the tiends were valued in money; or vice versa . But it is now appointed, that every stipend shall be modified wholly in victual, even although a part, or the whole of it had been previously modified in money, or al¬ though part "or the whole tiends had been money tiend x . There are two exceptions to this rule. “ Where it shall ap¬ pear necessary. 1. From the state of the tiends and the in¬ terest of the benefice,” i. e. where the whole tiends of a parish are awarded to a minister, they are to be paid either in money or victual according to the mode of their valuation ; and, 2. “ On account of the articles other than victual which have “ been in use to be delivered in kind as stipend: ” this relates to the stipends in Orkney and Shetland, where tiends are val¬ ued in fish, butter, &c. which could not be converted into victual, and therefore in these islands this rule is often dispen¬ sed with. In former times when augmentations were granted, the vic- u Act 48 Geo. III. c. 138. § 1. v lb. § 2. w lb. § 3. 4. 5. * lb. § 8. 3 C 10 COURT OF TEIND9. tual part was simply ordained to be paid to the minister, who was entitled to receive the ipsa corpora. But a new and bet¬ ter mode is now introduced; by which ministers are not to receive any of their stipends in kind ; but in money, according to the fiar prices of that description of grain into which the same is modified y : and former money stipend is also to be converted into grain, and paid according to the rate of the fiars z . There is a provision, by which if 3. c, 72. 16 GLEBE. land, where it was to be found, most adjacent to the manse; whether the ground was 44 set in feu, tack, or otherwise” 34 . Where arable land was not to be met with, sixteen soums * * of grass in lieu of it, were appointed out of the lands situated nearest to the parish church y . Such is the present state of the law respecting that species of land, termed the arable glebe. Every description of clergyman is not entitled to an arable glebe. It has long been a settled point, that the minister of a’parish situated entirely in the country, has a right to a glebe; but on the other hand, it has also long been ascertained that ministers of royal burghs, who have no country or landward parish, have no right to a glebe. The claims, however, of those ministers of royal burghs, a part of whose parish is landward, were long disputed. But some of the ablest in¬ terpreters of our law favoured the legality of their claim; and one of them expressly lays down, 44 that the ministers even of 44 royal burghs, where any part of the parish lies in the coun- 44 try, have a right to a glebe z .” These opinions are sup¬ ported by several early judgments a ; and a later decision seems to have laid the matter at rest b . By the early practice arable glebes were only awarded out of church lands: but some time afterwards, they were appointed to be given out of 44 whatever lands lay nearest to the parish church c .” This ordination was indeed reduced at the restoration; but another soon after made d , is regarded as keeping the former still in force; and upon this the general practice is founded; many designations of glebes from temporal lands having already oc¬ curred, and the competency of doing so being never called in question. Even where there are church-lands in a parish, the minister*’s right to the grounds nearest the manse has been * Act 1572, c. 48. y Act 1606, c. 7. 2 Ersk. B. II. tit. 10. § 59. i Rough v, Ker, 22d Jan. 1631. Paterson v. Watson, 17th Dec. 1664. b Fullerton i>. Richmond, 17th Dec. 1779. c Act 1644, c. 31. d Act 1663, c. 21. * A soutn of grass is as much ground as will pasture ten sheep or one cow. GLEBE. 17 so fully discussed and clearly ascertained*, that the distinc¬ tion between church and temporal lands in the designation of arable glebes has wholly vanished.—The burden of the glebe does not fall exclusively upon the individual from whose lands the four acres are taken ; for he is entitled to a rateable pecuniary compensation from each heritor of the parish, ac¬ cording to his valued rent, under deduction of his own shared Though a minister be entitled to insist upon arable land, yet it ground only partially cultivated, be awarded, and no ob¬ jection made on his part, the heritors are not allowed to ob¬ ject to the designation, provided the legal quantity be not exceeded s. But where there is no arable land, or at least none fit for designation, the minister, as already observed, re¬ ceives sixteen soums of grass in lieu of it: And as it is now fully settled, that arable glebes may be given, as well out of temporal as church-lands, so these grounds as a substitute for them, may be awarded from those lands nearest the church h . In all these designations, there are excepted, “ incorporate Connel on Parishes, 424. 3 9th Nov. 1736, Mackie v. Neill, Fac. Coll,: 14th May 1791, Minister of Little Dunkeld v. the Heritors, g1f.be. 21 another part of the parish, the old glebe may be exchanged for ground more commodious. Excambions are often sus¬ tained, where it appears for the interest of the benefice, and has been sanctioned by the presbytery, where neither a union of parishes, nor transportations of churches have taken place k . Where a minister has conveyed his glebe to a titular for an annual compensation, if the deed be irrecoverable on account of prescription, a successor in office is entitled to a new glebe The question, whether a minister might appropriate to him¬ self the trees growing upon his glebe, is now decided in the affirmative. ra . He may dispose of the earths and minerals under his glebe, for the behoof of himself and successors, at the sight of the presbytery and heritors n . But he cannot make kelp from the sea ware thrown upon his glebe Glebes are exempted from tithes p . The right of a minister to his glebe commences with his induction to the benefice, and ceases upon his death, transla¬ tion, deprivation, or resignation. But if a minister’s glebe shall have been sown before his death, his executors will be entitled to reap the crop q . And upon the same principle, if the crop shall have been sown bona jide , before the minister’s translation or deprivation, he will be entitled to reap the crop himself. There is no Ann due upon the glebe r . A minis¬ ter is not liable for meliorations made on a glebe by his pre¬ decessor in office s . By early statutes, “ ministers have freedom of foggage, pas¬ turage, feuel, feal, divot, loaning, and free ish and entry ac¬ cording to use and wont*.” Formerly these rights were k 22d Dec. 1810, Innes v. Lochalshe, &c. 1 Fac. Coll. 16th May 1799, Logan and others v. Reid, &c. m 1790, Heritors of Humbie v. Minister of Humbie. n Maderty, 13th Nov. 1794, Fac. Coll.; Minister of Newton t;. Heritors, 3d June, 1807. o Fac. Coll. Lord Reay v. Falconer, 14th Nov. 1781. P Act 1621, c. 10. 9 Stair, 6th July 1665, Colvil. r Stair, 6th July, 1665, Colvil. s 14th June 1625, Dunbars v. Hays. Act 1593, c. 165. ratified by 1663, c. 21._ 2 2 GLEBE. sustained independently of usage u ; but of late years, they have been grounded upon the limitations of the statute, and found valid only where they had been exercised from time immemorial, or at least for the period of prescription. A presbytery cannot design feuel out of a moss over which the predecessors of a minister had not formerly exercised that servitude * v . The extent of a minister’s privileges under sta¬ tute 1663, c. 21. must always depend on the state of pos¬ session w . Mode of the designation of a Glebe. —In the earlier periods, the designation of glebes was vested either in the dignita¬ ries of the church, archbishops or bishops, or in presbyteries, according as episcopacy or presbyterianism was the establish¬ ed form of worship : And when the latter was established at the revolution, the power of designation was finally vested in presbyteries. When a minister wants a glebe, he applies by petition to the presbytery, requesting a visitation, and a decerniture for it, the presbytery appoint a visitation on a given day, and en¬ join edictal intimation to be made from the pulpit. Upon the day appointed, the presbytery attend on the spot, where there are generally present some of the heritors or their agents. If the petition be for an arable glebe, the minister is entitled to insist, that the land be arable; and should any dispute arise about the nature of the ground, the assistance of a person of skill is to be called for, and the legal quantity of ground must also be accurately ascertained, the presbytery then considers the petition of the minister, with the representation of the heritors, and decides'accordingly. The clause in the statute K , that “ two or three of the most discreet men of the parish be present to assist the presbytery, ” must in substance be al¬ ways attended to; but in the letter, it has now gone out of ob- 11 Haddington, 25th May 1605, Nairne v. Tweedie. v Duff v. Chalmers, 28th Feb. 1763, Fac. Coll. w Dymoclc v. Duke of Montrose, 25th Feb. 1779, Fac. Coll. * Act 1663, c. 21. KIRK AND KIRK-YARD. 23 scrvance in the designation of glebes; it being thought suffi¬ cient that the persons employed by presbyteries to assist them in the designation (whether parishioners or not) should be persons of skill and integrity. Presbyteries however, have no power to enforce their own decrees in their designation of glebes. It is ordained y , that where the decrees of the church courts are contemned, it is competent to apply to the Court of Session, who are author¬ ised to issue letters of horning to enforce the decrees, upon a charge of ten days. At present they are issued without any special cognizance of the case, though still under the author¬ ity of the Court of Session. The decree of presbytery is pre¬ sented at the bill-chamber, along with a bill or petition to the Lords of Session, craving letters of horning upon it. A war¬ rant to the signet to prepare, and to the keeper of the signet, to issue the letters of horning. But the judgment of presbyteries, in relation to glebes may be brought under review of the Court of Session at the in¬ stance either of the minister or of the heritors. The forms of process are similar to those adopted in carrying to that court, the judgments of inferior civil judicatories. KIRK AND KIRK-YARD. From a very early period the heritors of a parish were bound to provide stipends, manses, and glebes for the estab¬ lished clergy. But there were other burdens which by statute were laid on all the parishioners. The upholding and repair¬ ing of churches were consigned to the minister and people; two-thirds of the expenses to be paid by the parishioners, and the_other by the parson z . By other statutes the parishioners were appointed to build and repair the kirk-yard dyke a , and to provide basons, and lavers, for the administration ol the sacrament of baptism, and cups, tables, and table-cloths for y Act 1593, c. 21. * Act 1572, c. 54. a Act 1592, c. 232. 24 KIRK. AND KIRK-YARD. that of die Lord’s supper b . But these burdens, by long cus¬ tom, have been transferred from the parishioners at large, to the land-holders or heritors c . The buildiug and upholding of the parish church is now laid upon the heritors by a decision of the house of lords, which states, that the building of a church, being a parochial duty, the expenses ought to be defrayed by all the owners of lands and houses, in proportion to their real rents' 3 . The superior is not liable in any part of the expense of building or repair¬ ing the church c ; and the titular of the teinds is liable only in proportion to his valuation f . Lands which are annexed to a parish quoad sacra santum , are liable in the expense of building and upholding the church to which they are u- nited s. The nature and extent of the edifice must undergo the re- visal and judgment of the presbytery of the bounds, and re¬ ceive their approbation; but under the review of the court of session L The plan, indeed, of the church may be concerted among the heritors themselves, without the intervention of the presbytery. In regard to the size of the church, it has been laid down as a rule to be observed in all cases, tjiat the church must be capable of containing two-thirds of the exa¬ minable persons in the parish, not under twelve years of age 1 . Heritors have choice of a place in the church according to the valuation of their several estates, and each heritor must have a seat in the church for his family, distinct from the share of area allotted to his tenants; but in dividing the whole area of the church, that of each heritor’s seat must be b Act 1617. c. 6. c Ersk. B. II. tit. 10. § 63. d Parish of Peterhead, June 24, 1802. e Fac. Coll. 25d Jan. 1773, Bruce of Carstairs. Ib. 20, 1794, Murray. f Parish of Selkirk, Feb. 9, 1738. £ Fac. Coll. 2d Feb. 1773, Drummond v. Heritors of Monzie, Monedie, and Grief. h Buchanan, 7th July, 1762; Ednam, 11th Jan. 1750. } Fac. Coll= 22d June 1787, Heritors of Tingwall. MANSE. 25 taken in compute , in making up his share, corresponding to his valued rent K Each parish must also have a sufficient quantity of land .al¬ lotted to it for burying its dead. Where an enlargement of the church-yard is necessary, it must be furnished by the proprietor of ground proper for the purpose, who has relief from the other heritors, in proportion to the number of exa¬ minable persons residing upon their estates; and (if the pa¬ rish be only partly landward) by the community, in propor¬ tion to the number of its inhabitants, respectively k . The church-yard wall is particularly ordered to be built of stone and mortar, to the height of two ells, and provided with sufficient styles and entries *. This, by long custom, like the expense of repairing the church, now rests on the heritors. No minister has a right to pasture the church-yard; but he may cut the grass upon it, and prevent others from doing so m . By an old statute, markets or fairs are prohibited in church-yards, under the penalty of forfeiture of the goods n . MANSE. By the law of Scotland, ministers were entitled to a house, in our language, denominated a manse, from a very early pe¬ riod. At the dawn of the reformation, the popish clergy, hav¬ ing let their manses, as they did their glebes, in feus and long leases, few of the reformed clergy had houses to receive them. When, therefore, a parish church was found thus unprovided, the heritors were appointed to build a manse at the sight of the bishop, aided by some of the most knowing and discreet men of the parish °. Upon the abolition of episcopacy and establishment of presbyterial church government at the revo¬ lution, nothing was said respecting manses, or the power of j Earl of Marchmont v. Earl of Hume, Dec. 17, 1776. k Town of Greenock v. Shaw Stuart, July 5, 1777. 1 Act 1597. c. 232. m Hay v. Williamson, Dec. 1778. n Act 1579, c. 70. ° Act 1649, c. 45. revived by 1663, c. 21. 3 E 26 MANSE. superintending them. But it was understood that the super¬ intendence conferred on bishops, devolved upon presbyte¬ ries p. The right to a manse, as to a glebe, is not extended indis¬ criminately to all the Scottish clergy. Ministers whose parishes are wholly landward or in the country, are entitled to a manse. Those, on the contrary, whose parish is wholly contained within a royal burgh, have no claim upon heritors for a house. But whether a minister of a royal burgh, whose parish is part¬ ly landward, has a right, has long been disputed, and seems not yet fully settled. In some cases, the claims of ministers of this description to manses, were refused q . In others the decisions were more favourable r . In one instance where the presbytery had designed a manse to the minister, the designa¬ tion was sanctioned s . This judgment, was carried by appeal to the house of lords, and after a full discussion, affirmed l . In cases where ministers of royal burghs with landward pa¬ rishes, have been refused manses, a claim of manse rent has been received u . Such is the state of the law, with respect to clergymen of this description ; for manses where there is only one minister; but there is no instance on record/ where a manse was granted to a second minister of a royal burgh with a landward parish; but several where the claim was reject¬ ed v . Upon the extent of manses the early enactments state, that where they are not already built, each minister shall have a reasonable and sufficient house provided to him w ; the sum allowed did not originally exceed one thousand pounds p Potter v. Ure. q Heritors of Elgin v. Troop, 28th Feb. 1769 ; Nisbet t>. Magistrates of Mon¬ trose, Jan. 20, 1779. r Dobie v. Earl of Roseberry, 5th March, 21st May 1802. s Fac. Coll. 10th Nov. 1805, Maclean v. his Heritors, t 9th March 1812. u Fac. Coll. Mutter v. Earl of Selkirk, 21st June 1786. v Adamson v. Paxton, 14th Feb. 1816, w Act 1567, c. 72. MANSE. 27 Scots* *, nor ever under one hundred merksf x . At the pe¬ riod of these statutory appointments, the sums awarded might be sufficient to build a suitable residence; but from the de¬ preciation of the value of money and other causes, they have been found inadequate; and therefore it has been the prac¬ tice to grant ministers a “ reasonable and sufficient house,” without being limited by the maximum ; and even to allow to the amount of one thousand pounds sterling y . The claims of ministers are so extended as to include a stable, barn, byre, with a garden 7 ; and these accommodations have been uni¬ formly given for a number of years past, with several smaller offices.—The extent of the edifice, the number and size of its apartments, and the dimensions of the offices, must in a great measure depend upon local circumstances; and therefore no legal rule has been laid down. The improvement that has taken place in dwelling houses with various other obvious reasons, are rightly considered, in the regulations concerning manses.—For the garden and site of the manse and offices, it is usual to allow half an acre of ground a ; and a minister has a claim of designation by the presbytery to what is wanting of that quantity 13 . The judgments are various respecting the enclosure to which a minister is entitled for his garden. In some cases, he was found entitled to a wall built with stone and lime c ; in others, only to a dry stone dyke d ; and in others to a wall five feet high exclusive of copping, built dry in the middle, teathed with lime on both sides, and copped with a mixture of lime and small stones e . The situation of the manse, by early statutes, is appointed to be chosen near the church f : And this has uniformly been observed in fixing the site of manses. In one case it was o x Act 1649. c. 45. renewed by 1663. c. 21. y Gardner v. Dingwall, 9th July, 1816. z Ersk. B. II. tit. 10. § 57. 3 lb. b Anderson, Nov. 1791. c Linlithgow, Dalmeny. d Botriphine, 3d July, 1805. c Edzel-Kirkonnel, Duke of Queensberry v. Richardson, Sd Dec, 1808. f Acts 1563. c. 72, 1572. c. 48. * L. 83. 6s. Sd. Sterling. f L. 27 15s. 6d. Sterling. 28 MANSES, found, that a minister was entitled to choose the most con¬ venient situation near the church s. A dispute arising on this point, the presbytery, in the first instance, and, ulti¬ mately, the court of session, have the power of determination. By some old statutes, the site of a manse was appointed to be on the kirk-lands nearest the church, with relief to the heritor out of whose grounds the allotment was made h . By a later statute ', the sites of manses, as well as glebes, were ordered to be designed out of temporal lands, when there was no church lands : Though this was rescinded at the restora- tion, yet a still later appointment s is considered by our law¬ yers, as holding the rescinded act still in force, and extending the designation of the site of manses, as well as glebes, to any lands that were most commodious, and nearest the parish church. It is often a subject of difference between a minister and his heritors, whether a manse should be rebuilt or only repaired; which is in general thus settled by the court: Where the old manse admits of repair, a mw one is seldom sanctioned; and, on the other hand, where the fabric has be¬ come ruinous, repairs are generally refused. Where the old manse happens to be in such a dubious state, as to render it difficult to determine which ought to be adopted, the case is generally remitted to one or more architects to report their opinion before a decision takes place; and the judgment is in general agreeable to the terms of the report k . Every new incumbent is entitled to have his manse put into such a state of repair as to render it a comfortable residence. Where it requires repair, and is at the same time too small, suitable ad¬ ditions, as well as repairs, are given *. E 51 Jan. 1712, Steel. h Act 1592. c. 202. i 1644. c. 31. j Act 1663. c. 21. k Kirkliston, 25th June, 1808, Hogg and others, v. Ritchie. Saddle and Skipncss, 17th Dec. 1811. Dunichen, Dec. 5, 1813, Dempster, v. Headrick. 1 Kirkliston, ut Supra. Arnvorth, 5th March, 1812. MANSKS. 29 By several statutes 111 it is ordained, that where manses are built or repaired, they are to be afterwards upheld by the in¬ cumbent ministers during their possession. Before the bur¬ den of upholding a manse, after being built or repaired, can be thrown upon an incumbent, it is required in practice, that the manse shall be inspected by the presbytery, and declared a free manse n . From the severe legal effects consequent upon the interpretation of the plea of heritors respecting this form, it is always strictly attended to. In a case, where the manse was in a state of great disrepair, the presbytery decerned for repairs; but the heritors gave a new manse in 1777, and they were assoilzied from the decreet of repairs, and even thanked by the presbytery for the accommodations afforded the in¬ cumbent and his successors: The manse again became ruinous in 1804, the presbytery again granted repairs, which being brought under review of the court of session, they, as the manse had not been declared free , affirmed the sentence of the presbytery °. The same judgment was repeatedly given in another case ; which being appealed to the house of lords, was affirmed p . It was on this occasion distinctly stated, that the burden of upholding a manse could only be laid upon an incumbent, after it was declared a free manse by the presby¬ tery, which exempts heritors from all future repairs, except those that are rendered necessary by the waste of time. Where a manse has been properly built, the heritors have a right to insist, that the presbytery declare it free , though it had not been erected under their inspection q . Where the heritors have neglected to fulfil their obligations of repairs, and they have been executed by the minister himself, he or his executors arc entitled to re-embursement r . When a manse m Act 1663. c, 21. n For the form of declaring a manse free, vide Ersk. B. II. tit. 10. § 58. 0 Bolriphnie, 14th May, 3d July, 1805. P Avondale, 6th Dec. 1810, & 13th July, 1813. 1 Fac. Coll. 21st Feb. 1786, Heritors of Cairney, v. Presbytery of Strath- bogie. r Stair. 8th Jan. 1670, Chartcris, r. Parishoncrs of Currie. Dirleton, 6th July 1676. Blair, v. Fowler. 30 MANSES. has become uninhabitable, during the rebuilding of a new one, a minister has a claim either to a suitable house, or such annual allowance, as will enable him to procure a commo¬ dious residence s . The sum for this purpose, must depend upon the accommodation requisite for a minister’s family, and the rent of houses in the particular part of the country. A presbytery cannot decern for manse rent;—the process must be an action before the civil court. Mode of the designation of a Manse .—When there is no manse, or it has become ruinous, the minister applies to the presbytery by petition, craving a visitation and a decree for a new manse. The presbytery appoint a vi¬ sitation, order proper intimation thereof to be made, as in the case of Glebes, attend on the spot upon the appoint¬ ed day, where either some of the heritors or their agents are present. Where an old manse is complained of as ruin¬ ous, the tradesmen appointed to inspect it are put upon oath, and required to say, whether a new manse has become neces¬ sary or not. If they report that a new manse is necessary, the presbytery procure plans and estimates, contract with a builder, proportion the total expense of the building upon the heritors, decern against each for the sum respectively due by him, and appoint a collector to uplift the money. If there have been no manse before, the presbytery proceed in a similar manner, to provide for one being built; and also in repairs. This mode of proceeding has been approved of by the court of session and they have found, that presby¬ teries u may proceed to the designation of a manse, though the heritors either do not appear before them, or withdraw their appearance; that presbyteries may fix the situation of a manse; and that the clause v requiring men of skill and inte¬ grity to assist the presbytery, cannot be dispensed with. The rest of the procedure in the designation of manses, is precisely the same with that of glebes ,—quod vide. ' Fountainhali, 51st.Ian. 1712. Steel. * Lochmabcn, 51st Jan. 1712. u Ibid. v Act 1663. c. 21. MARRIAGE, SI MARRIAGE. Marriage is a union of man and woman for life, for the purpose of living in family, and procreating and rearing children. It is a civil contract constituted by mutual con¬ sent, which must be real , not nominal. A regular marriage must be celebrated by a clergyman under the usual solemni¬ ties ; in which two things are essentially requisite by our law : —Publication of banns , a ceremony originally intended to prevent improper marriages ; by which all persons are invited to appear and state any objection to the proposed union. This must be done three several Sundays before divine ser¬ vice, in the parish churches where the parties reside, and be¬ fore the marriage takes place. The parties must afterwards appear before a clergyman to express their consent, to enter into the nuptial vow, and receive his matrimonial benedic¬ tion. Every marriage made contrary to these rules is irregular, and denominated clandestine. By an act of the general as¬ sembly w , no banns can be regularly published, except by ex¬ press orders given by the minister of the parish to the clerk. By a statute of Queen Ann x , the clergy, regular or episco¬ pal, are specially authorised to marry, provided banns are published in the parish church, as well as in the episcopal chapel. Penalties are annexed by several statutes to clandestine marriages. By one statute y , penalties are ordained to be levied on the parties and the celebrator. The minister is liable to be banished the kingdom, never to return under pain of death : The parties are subjected to three months im¬ prisonment, besides payment of certain arbitrary fines, pro¬ portioned to their respective ranks in life. By a later sta¬ tute z , witnesses are subject to a fine of L. 100 Scots each; w Vide Acts of Assembly, Marriage, 6. y Act 1661. c. 34. 2 Act 1698. c. 6. X Act 10 Anne, c. 7. MARRIAGE, 32 or to corporal punishment when insolvent, if they refuse to disclose the name of the parties. But in this case, if they pay the fine, they are not liable for other punishments. This is also the case with respect to the principals. A certificate must be produced from the session clerk. In a case a , it was found, that no action of damages can lie against a clerk for a false certificate; but deprivation and prosecution before the criminal courts in Scotland at common law for the crime of falsehood. There however, it was declared, that if they pay the fine, they are not liable in any other punish¬ ment. But no certificate however, knowing it to be false, can save the parties from the penalties. The penalties were directed to be applied to pious uses. The right of prosecuting was claimed by the kirk-session, though it belongs to the procurator for the church b . The minister generally gives a certificate of. the celebration of the marriage; but for this there is no absolute necessity. The marriage, in most cases at least, may be proved by the oath of the minister and the two witnesses. In one case c , proof of the celebration of the marriage, was allowed after the death of one of the parties. But these penal statutes, though they impose fines upon clandestine marriages, do not affect their validity. MINISTERS. After the reformation great care was taken to prevent any scandal from being thrown upon the new religion by the lives of the clergy, to keep the church pure in its pastors, and guard their persons from external violence. Some early sta¬ tutes prohibit irregularities in ministers under severe penal¬ ties. By these it is declared, that ministers, who are guilty of heresy, or erroneous doctrine, blasphemy, fornication, com- a Ramsey v. Brown, 18tli Feb. 1779, N. R. " Kirk-session of Dundee v. Hackney, 14th Nov, 1761. c M'Turk v. Martha Dykes, 18th Nov. 1789, N, R. MINISTERS. 33 mon drunkeness, plurality of benefices, simony, and non-resi¬ dence, are liable in deposition: And non-residence is declar¬ ed to be a minister’s absenting himself from his parish, with¬ out leave asked and obtained, for four Sundays in the year, without lawful cause or hindrance: And that ministers who shall be regularly convicted of a capital crime, and for which they are deprived of their function by an ecclesiastical court, shall lose their benefice d . By a later enactment, it is stated, that ministers who swear and drink to excess are to be fined in one fifth of their benefices e . Ministers Rre incapable of engaging in any civil office: They are prohibited from being judges, either in a civil or criminal court, commissaries, ad ¬ vocates, clerks in any court, or notaries, except in the mak¬ ing of testaments, under the same penalty, that of deposition f . Whoever assaults or lays violent hands on a minister, or commands or directs others to do so, for demanding his sti¬ pend, or in the discharge of his duty, or for any other cause than by order of law, is to be punish^ by forfeiture of move¬ ables; one half to the king, the other to the party offend¬ ed s. This is extended to all ministers whatever, who have power by lawful warrant, to preach and administer the sa¬ craments h . Every minister and preacher is ordered to wear black, or grave apparel, or such as becomes their state and profession ‘: And that ministers may not lose their books during their life-time it is declared, that they are not to fall under the ex- ecutry of their predeceasing wives K Every minister must take the oaths to government; and subscribe the confession of faith, declaring it to be the con¬ fession of his faith, and that he owns the doctrine therein contained, to be the true doctrine of the church to which he will constantly adhere; and that he acknowledges presbyteri- d Acts 1585, c. 132. and 1587, c. 32. c Act 1661, c. 38. ( Act 1584, c. 135. g Act 1587, c. 27. ' h Act 1663, c. 7. ' i Acri609, c. 8. J Act 1664, c. ID. 3 F 3* MINISTERS. an church government, to be the only government of this church, and that he will submit thereto, and concur there¬ with, and never directly or indirectly endeavour the prejudice or subversion thereof k . Every minister and preacher must during divine service, pray in express words for the king and royal family, under the penalty of £20 sterling, for the first offence, half to the informer, and half to the poor of the pa¬ rish ; and for the second offence, he is declared incapable of officiating for three years: This is extended to all clergymen and preachers of the episcopal communion; and it is declar¬ ed, that any person present twice in the year, in any chapel where the royal family are not properly prayed for, for the first offence forfeits £5 . sterling, half to the king, half to the informer, and may be imprisoned for six months, unless the forfeiture is sooner paid; and for any subsequent offence, he jnay be imprisoned two years from the date of the conviction The widows and children of ministers and of the heads, principals, and masters of the universities of Scotland having often been left in indigent circumstances, and the charitable designs for their relief having proved ineffectual, a statute was passed, ordaining them to pay out of their stipends or sala¬ ries, at their option, some one of these rates, £2. 12s. 6d.; £3. 18s. 6d.; £5. 5s.; £6. 11s. 6d. sterling, to be applied for life-rent anniuties to their respective widows, amounting to the following sums of £10, £15, £20, £25, sterling, in proportion to such of the above annual rates as they respec¬ tively choose : And to make provision respectively for their children, amounting to the sums of £100, £150, £200, £250, sterling, in like proportion, provided the minister or other contributor leave no widow ra . But from the decrease of the value of money, expense of living, and other causes this ordi¬ nation was found defective, and therefore another was made to amend and render it more effectual. The former annual k Act 1693, c. 22. (srj 19 Geo. III. c. 20. 1 10 Anne. c. 6.; 32 Geo. III. c. 65, MINISTERS. 3Jj rates are now raised to*f Disjunction , Erection, and Annex¬ ation. —In processes of disjunction and erection, or of trans¬ porting churches already erected to more convenient situa¬ tions, or dismembering, the action may be brought at the in¬ stance, either of three-fourths of the heritors reckoning ac¬ cording to their valued rents, without whose consent, or that of the patron, or presbytery, the process cannot proceed. —The parties who must be called as defenders, are the titular, patron, heritors, liferenters, ministers of the parishes, and the presbyteries, within whose bounds the parishes lie; leaving out of course, the names of the party pursuer. Though the court be restrained from disjoining parishes, and building and erecting new churches without the consent O O of three-fourths of the heritors, they have, however, as was observed, without such consent, authority to annex or unite two parishes into one, and to judge of the most convenient spot to build the church. There is nothing peculiar in the procedure of these actions. The cause is brought into court in the ordinary manner ; parties are heard upon the merits; and judgment is pronoun¬ ced by the court as they see cause, j PATRONAGE. The law of patronage, or the power of presenting ministers to vacant benefices, was introduced into Scotland, at a very remote period. Churches having been founded by the sove¬ reigns, the nobles, and other proprietors of lands, the founder )vas entitled to the patronage. Under the jurisdiction of the Pope, the rights of lay patrons were recognised; but he claimed the patronage of all churches where no other title could be shewn. At the reformation, the King as coming in place of the Pope, became the universal patron where no spe- c Kirkncwton v. East-calder, ut supra. d Ibid. 3 G rATHONAGE. cial right appeared : but lay patronage continued untouched. The rights of patrons however, for a considerable time were taken away e , but returned at the restoration r . Patrons were again divested of the power of presenting ministers, and the right was lodged in the heritors and elders of each parish, who were to pay six hundred merks Scots to the patron in lien of his right &. But the heritors and elders again losing the power of presenting to vacant churches, the right was finally vested in patrons h ; except in a very few instances where the pecuniary stipulation had been accepted of; and the right with those parishes therefore still remains. When the power of presentation was in the hands of the heritors and elders, it w r as provided, that if they failed to pre¬ sent within six months after a vacancy, the power of presen¬ tation for that vice should devolve upon the presbytery This is termed the jus devolution: and there is a similar ap¬ pointment in the statute, which restores to patrons the right of presentation K The jus devolutum takes place, six months from the date of the vacancy, and not from the patron’s knowledge of it; and that in ordinary circumstances, the presentation must not only be executed, but lodged with the presbytery or their moderator, within the like period k . When the first presentation becomes ineffectual, a patron must in justice be allowed some time to present another: And it is accordingly laid down by one of our first legal authorities that upon the event of a presentee being rejected by the “ ec- “ clesiastieal courts, the patron has as much time left him to ** issue another presentation after this sentence, as w r as to run ** of the six months, when the first was offered to the presby- if tery.” The same rule also holds upon the death of a pre¬ sentee m ; and where one first accepts, and afterwards, before e Acf 1649, c. 36. f Act 1662, c. 3. E Act 1690, c. 23. h Act 10 Anne, c. 10. * * Act 1690, ut supra. 5 10 Anne, ut supra * Fap,< Coll. 10th Aug. 1770, Presbytery of Paisley v. Erskine, Fac. Coll. 15th JJay, 1795, Lord Dundas. I Ersk. B. II. tit. 5. § 17. 111 Bankt. B. II. tit. 8, § 64. PATRONAGE* 45 being settled, renounces the presentation n , it is reasonable to conclude, that the same principle will apply, where the pre¬ sentee shall lodge a letter of non-acceptance, at least if no undue delay have taken place. A patron, who has not taken the oaths to government, can¬ not present to a vacant church 0 : but he can grant a dispo¬ sition of the patronage to another person qualified, who may exercise the right p . A patron may exercise his right by a commissioner q ; but the person at the time must have a com¬ plete authority to present r .—A litigation having taken place between a liferentrix and the fiar of an estate respecting a pre- sentation to a church 5 the fiar was decerned for by the court of session s ; but the judgment was reversed by the house of lords, who preferred the liferentrix It is an established rule of our law, supported by a decision of the supreme civil court of Scotland, that a right of presen¬ tation can be exercised only in case of a vacancy,—That no patron can present to the expectancy of a benefice, but that the right arises only upon the death, translation, deprivation, or resignation, of the incumbent u : Yet a practice has long prevailed of patrons presenting persons as assistants and suc¬ cessors to ministers in consequence of old age, infirmity, or other incapacity. This, though apparently inconsistent with law, seems tacitly admitted both by the legislature and our supreme civil judicature. Ip the act restraining the crown from granting reversion of offices, there is an exception of the appointment of assistants and successors to ministers in Scot¬ land v ; and in the ordination respecting the widows fund, there are special provisions relative to the case of assistants n Fac. Coll. 2d March, 1762, ltoc. ch. and Presbytery of Ayr v. Earl of Dun- donald. 0 Vide Oaths. P Falconer, 25th Feb. 1749. Hay. Fac. Coll. 10th Aug. 1770. Presb. Paisley, v. Ersk. 9 Fac. Coll. 22d Jan. 1778. Tait v. Keith ; affirmed on appeal, March 30th, 1778. r Fac. Coll. 2d. Aug. 1776, Presbytery of Strathbogie v. Forbes. s Forbes, Aug. 1758. 1 18th Feb. 1762. Forbes v. M’William, u Ersk. 13. II. tit. 5. § 11. 24th Jan. 1677, Stuart v. Nairn, Stair. » Act 48 Geo. III. c. 50, 44 PATRONAGE. and successors w . In the case of a parish which had pur¬ chased the patronage under Act 1690, and where two con¬ tending parties claimed the right of appointing an assistant and successor to an old infirm minister, no objection was made on the ground of the benefice being full; the validity of such presentations seemed to be assumed, and the only subject of discussion was, which party had the majority ot good votes x . Although our courts of law, from expediency or long practice, might sustain such presentations, yet if such a case were called in question at the time of the settlement, it would be required that a case of necessity, or, at least of strong expediency, were made out to justify this practice y . A patron cannot present himself; but according to the opinion of an eminent lawyer, he may present his son z . A young man was presented by his father (the patron), and the presentation was sustained without objection: He afterwards succeeded to the patronage, and retained the benefice a . By the same respectable authority it is stated, that a husband may exercise a right of patronage belonging to his wife b ; but it is necessary to have her concurrence. He also states, that a minor may grant a presentation to a church c . A minor who has no curators may present, if lesion be not proved ; but that a minor may grant a presentation without their consent, seems contrary to the principles of our law r # Heiresses-portioners, succeeding to a patronage, the right falls to each sister alternately, beginning with the eldest d . Where two or more churches belonging to different patrons, are united by special statute, the patrons are to present alter- nis vi?'ibus e . In an alternate right, when a patron, whose turn it is to present on a particular vacancy, does not choose to exercise his right, the other patron is entitled to present; and such presentation will be sustained in a question with a w Act 54 Geo. III. c. 169. x Fac. Coll. 9th Dec. 1791, Dunlop v. Muir. y Vide Connel on Parishes, 515, et seq. 2 Bankt. B. II. tit. 8. § 35. a Dr Dalgliesh of Scotscraig. b Bankt. B. II, tit. 8. § ICO. * ib. d Ersk. B. I. tit. 5, § 11.; III. tit. 8, § 13, * Fac. Coll. July 1777, Brodie v, Earl of Moray, PATRONAGE, 45 presbytery claiming thejws devolution f . Where a parish had originally more than one patron, the right of presentation will be alternate s When a right of presentation is vested in a collective body, the civil authority will determine in disputes as to the elec¬ tion, in every respect, as if it were an ordinary patronage h . In a case, where the parish possessed the right of presenta¬ tion from Act 1690, it was decided, that the presbytery’s power was merely of a spiritual nature, to ascertain the qua¬ lifications of a presentee; but what respected the temporal benefice, as the right of patronage, belonged to the civil court Upon the establishment of a new church within a country parish, where nothing is settled respecting the patronage, the right of presenting devolves upon the patron of the parish: The same takes place, upon the erection of a parish by the court of teinds. In a case of this description, two opposite decisions were given : That the patron of the old parish had right to the presentation of the new erection,—that the right of presentation w T as vested in the contributors. The last Judgment was reversed by the house of lords, and the patron¬ age vested in. the former patron j . When second eharges are ereeted, it seems to be laid down, that to vest the patronage of them in the contributors it is necessary, that either they should expressly reserve the pa¬ tronage in the deed of erection, or they should be in the use of exercising the right of presentation. It is stated, by an eminent authority* * that an erection or settlement of a second minister accresees to the patronage of tire first charge; and he reports a case, wherein it was found, that the patron of the parish was entitled to present to the office of second minister, f Fac. Coll. 7th Feb. 1788. Grant. S Bankt. B. II. tit. 8. § 70. Erslc. B. II, tit. 5, §11. h Snodgrass and others v. Logan and others, 16th June 1772. * Fac. Coll. 9tli Deer. 1791, Dunlop and others v. Muir and others, i Fac. Coll. 20th Feb. 17 62, Cunningham and others v. Wardrop and others. 46 PATRONAGE. which was erected by contribution of heritors k . “ Patrons,’* says Mr Erskine, “ are entitled to a seat and burial-place in “ the church”. Burying in the church is now quite explod¬ ed ; but the right of a patron to the choice of a seat in the church, is still in force '. Th e age of a presentee is general about 25; this is settled by the church courts m . Mode of enforcing Presentations .—Presentations were first directed to the archbishop or bishop of the diocese, and if they refused to receive a qualified presentee, the patron was entitled to retain in his hands the whole fruits of the benefice. Upon the establishment of presbyterianism, presentations to benefices were directed to be made to presbyteries » n When the right of presentation was restored to patrons, presbyteries were required to admit qualified persons .° The only remedy which patrons have against an unreasonable refusal of church courts to admit a qualified presentee, is to retain the stipend p . The patron, however, does not, in such a case, acquire the property of the stipend, but must hold it in trust, and apply it, as the law directs Where the patronage is disputed, the church courts stop proceedings till the question be determined in the civil courts. If the church courts should state objections to the patron’s right, and proceed to the discussion of these, it will be com¬ petent for the patron to bring a declarator before the court of session, and get his title established by a judgment of that court , r If a presbytery should exercise their own judgment in a question of patronage, and settle the presentee of a pa¬ tron, whose right shall afterwards be set aside in a civil court, k Lord Kilkerran, Cochran v. the Officers of State, 21st Jan, 1749. 1 Fac. Coll. 13th Feb. 17 65, Lord Torphichen v. Gillon. m Vide Acts of Assembly, Probationers, 2. " Act 1690, c. 25. ° Act 10 Anne 11, P Moncrieff v. Maxtor), 15th Feb. 1735. 9 Vide Vacant Stipends. r Falconer, 25th Feb. 1749, Hay tv Presbytery of Dunse. POOR. 4*7 not only will the settlement be annulled, but the patron will have right to the disposal of the whole stipend, as in the case of a vacancy. This doctrine was established by three im¬ portant cases r , one of which was decided in the house of lords *. Where presbyteries choose to proceed with a disputed pre¬ sentation, the court of session cannot interfere, as the civil court has no direct controul over church courts in such cases. In one case, a bill of advocation was presented against the proceedings of a presbytery, towards the settlement of a young man elected by themselves, upon the call of the people, the court repelled the bill as incompetent c . POOR. The poor are directed by law, to be maintained chiefly by assessments laid upon a parish. For this purpose, meetings are ordered to be held half yearly, on the first Tuesdays of the months of February and August, to make a list of all the poor within the parish, and to liquidate a sum necessary for thejr maintenance during the ensuing half year. The sum thus appointed, must be sufficient to support them without having recourse to begging, which is forbidden under severe penalties. The heritors of a parish are ordained to pay one half of the sum for the support of the poor, and tenants and and possessors, according to their substance, the other u . Heritors whose lands are annexed to another parish quoad sacra tantum , arejnot subjected to the maintenance of the poor of the parish to which they are united v . Parochial assess¬ ments are ordered to be imposed, according either to the va¬ lued or real rent, or otherwise, as the majority of the heritor- ' Cochran v. Heritors of Culross, 22d June, 1751, Heritors and Minister of Lanark v. Crown, 9th May, 1758. Fac. Coll. Feb. 176’2. Forbes v. Macwil- liam. s The case of Lanark. t Nov. 19, 1748, Cochran. „ Act 1672, c. 18. Prod. Aug. 1692. Acts 1695, c. 43. 1695. c. 21. v Fac. Coll. 17th Nov. 1808, Thomson v Follock and others, roon. 48 meeting shall agree w . Heritors therefore, have a discretion¬ ary power, both as to the mode of assessment x , and as to the particular description of subjects liable in the payment of poor’s rates y . Magistrates of burghs impose assessments on the inhabitants according to their property in the burgh, which is rated from the various situations of burghs z . These assessments are assisted by the collections at the pa¬ rish church % from mortifications of money, or other proper¬ ty b ; and from the profits arising from the hiring out of a hearse or mortcloth, of which a kifk-session may acquire the sole right, by immemorial exclusive usage c . The administration of all the funds belonging to the poor of a parish, whether arising from assesments, collections, or mortifications, is the joint right of the heritors and kirk-ses- son. The kirk-session indeed, has the regulation of the funds in ordinary and incidental cases; but in acts of extra¬ ordinary administration, as that of lending, uplifting, or re¬ employing money, the minister ought to intimate from the pulpit, ten days before the meeting that the heritors may be present and assist, if they think fit d . Any one heritor may call the session to account for their management of the poor’s funds c . The judge ordinary (sheriff or justices of the peace) is ordained to see the law put in due execution, and to decide what parishes is bound to aliment a poor person ; but the he¬ ritors and kirk-session, have the exclusive power prima in- stantia , of modifying the aliment f . w Act 1663. c. 16. x Fac. Coll. Jan. 19, 1773, Parish of Westkirk. y Fac. C,oll. May 28. 1704, Parish pf Inveresk. z Acts 1579, p. 74. 1597, c. 279. a Procl. Aug. 1693, ratified by Acts 695, c. 43 & 1698. c. 21. b Procl. Aug. 1692, ratified ut supra. c Turnbull and Mackaws, 10th Aug. 1756. Kirk-session of Dumfries v. the Squaretnen, 18th Feb. 1798. d Parish of Humbie, 1751. * Nov. 23, 1752, Hamilton v. minister of Cambuslany. i Paton v. Adamson, 20th Nov. 1772. Parish of Coldingljam v. Parish of puuse. POOR. 49 The persons who have a legal title to maintenance are the old, the infirm, the diseased, and such as from other causes, are incapacitated from earning a livelihood. These require permanent relief, either in whole or in part, and are denomi¬ nated the ordinary poor, forming that list or roll, which he¬ ritors are directed to make up every half year s . There are others, however, that in ordinary seasons are able to support themselves and household by their labour; but during a great scarcity of provisions, are obliged to have recourse to public support. These, who are called the extraordinary poor, are not entered upon the roll, but have an extraordinary tempo¬ rary assessment levied for their relief h . The burden of alimenting a poor person lies upon the pa¬ rish where he lived during the last three years immediately preceding the application for public charity *. Residence as a householder is not necessary to confer a settlement in a pa¬ rish, L e. entitle to public support from it; it is sufficient that he has only resided as a lodger; or even remained for three years in a parish during an apprenticeship Tradesmen may acquire a settlement by having their residence in one place for a course of years, although they have gone to a dis¬ tant part of the country during summer to procure employ¬ ment k . Three years residence of a soldier upon duty in a parish cannot confer a settlement in it. And where a person has not, by three years industrious residence in a parish, be¬ come entitled to public support from it, the place of his nati¬ vity is liable for his maintenance. Vagrants also who have never any fixed residence, fall to the lot of the parishes where they were born; and where that is unknown, the parish in which they have had any residence, haunt, or most resort, for the space of three years immediately preceding their being S Act 1579, c. 74. Procl. Aug. 1692, ratified ut supra. h Pollach v. Darling, 17th Jan. 1804. i Runciman v. Parish of Mordington, Fac. Coll. 24th Jan. 1784. j Heritors of Cockhurnspath, 9th June, 1809. . k Parish of Dalmellingion v. the Tow n of Irvine, 5d Dec. 1800. 3 H 50 toor. apprehended'. Where a settlement has been acquired in a parish in Scotland, that parish is still liable to the support of a pauper, though he has resided in an English parish for such a length of time as would have conferred a settlement by the Scotch law, if, from particular circumstances, it had not been such as gives a settlement by the law of England m . The settlement of a married woman is the parish of her husband: And therefore in a recent case, a Scotchwoman, the wife of an Englishman who deserted her, could, during his life, obtain for herself and children a residence, so as to en¬ title her to a legal stated maintenance in a Scotch parish, though it was that of her settlement before marriage n A widow may acquire a settlement by a residence for three years, in which she was able to support herself by her industry. A child being considered as part of a family, must be maintained by the parish of its father, though not that of its own birth or residence 0 . A natural child must be support¬ ed, not by the parish of the father, but that of the mother, if he be unable to maintain it p . If the parish of the parents of a child be unknown, the parish of its birth is liable q . It is necessary at particular times to grant a small tempo¬ rary relief to indigent persons whose residence has not en¬ titled them to a permanent supply from the regular funds of a parish : for they cannot be allowed to starve r . And a person having had such a residence in a parish as distinguishes him from a vagrant, is supported till his legal parish is ascertain¬ ed ; which is bound to relieve the other parish, at least from the intimation of his situation s . This seems to be the course followed in England. * Act 1663, c. 16. m Brown v. Kirk-session of Mordington, 4th March, 1806. * Pennicuik v. Duddingston and Edinburgh, 5d March, 1815. 0 Buik, Howie and others v. Kirk-session of Arbroath, 25th July, 1800. Fee. Coll. Parish of Coldingham v. Parish of Danse, 28th July, 1779. * Parish of Itescobie v. Parishes of Aberlemno, Dunichen, and Forfar, 28th Nov. 1801. r> Parishes of Melrose and Stitch'd, Jan. 17 S6. r Pennicuik, ut supra . * Brown a. Kirk-session of Mordington, 4th March, 1806. POPERY.—PUBLIC WORSHIP. 51 POPERY. The statutes passed against roman catholics were chiefly in¬ tended to guard against certain principles entertained by them, dangerous to the constitution of church and state. By several statutes they are declared incapable of being gover¬ nors, chaplains, pedagogues, teachers, tutors, or curators, chamberlains or factors, to any child of protestant parents, or to be otherwise employed in their education, or in the trust or management of their affairs ; or to be schoolmasters, pro¬ fessors, or public teachers. But by taking and signing a formula contained in Act 1700, c. 3. they are relieved from the penalties contained in that act c . A patron suspected of popery at or before signing any pre¬ sentation is to purge himself of popery by taking and signing the oaths to government; and upon refusal, the right of pre¬ sentation and disposing of the vacant stipend, for that vice , belongs to the crown u . PUBLIC WORSHIP. Presbyterianism as practised in the church of Scotland, being the established form of religion, and under the protec¬ tion of law, whoever interrupts public worship, or makes dis¬ turbance in the church, incur penalties chiefly pecuniary. These penalties are inflicted according to the rank and quality ; a nobleman £10.; a baron (baronet) £5 .; a freeholder or burgess 40 shillings, all scots money; poor persons who cannot pay, imprisonment for 15 days to fast on bread and water. For the second offence the penalty is doubled; and for the third, imprisonment or banishment for a year and day. Children that disturb the church in the time of divine service, are to be whipped/. By a later statute, the disturbing of the ' Acts 1700, c. 3. 33 Geo. Itl. c. 44. v Act 1551, c. 17. u Act IO Anne, c. 11. 52 SCHOOLS AND SCHOOLMASTERS, congregation in the time of public worship, is punished with forfeiture of moveables w . There is a penalty of .sSlOO. or¬ dered to be inflicted upon such as disturb an episcopal chapel in the time of divine service; and, upon magistrates who hinder them from meeting for public worship x . And this or- - dination must extend to all congregations of tolerated dissen¬ ters. SCHOOLS AND SCHOOLMASTERS. From the earliest period, great attention was paid by the legislature to the education of youth. Many statutes were en¬ acted for the purpose, and particularly soon aftert he revolu¬ tion it was ordained, that every parish have a school settled, and a schoolmaster established by the advice of the minister and heritors, who are to provide a school-house, and modify a salary for a schoolmaster, to be paid at the two terms of Whitsunday and Martinmas, laid on according to each heri¬ tors valued rent within the parish ; allowing them relief from tenants of the half of the proportion But from the im¬ provement of the times, and other reasons these regulations were found so defective as to give rise to a statute to amend and render them more affectual. Their salaries are now fix¬ ed at a sum from three to four hundred merles Scots. And such as were payable in oat-meal or grain are continued to be so paid, at the rate of two hundred merks (£16. 13s. 4d.) a chalder. The precise amount of the salaries exigible ac¬ cording to the extent and population of the parish, are to be determined by the minister and heritors of lands therein of one hundred pounds Scots of valued rent. In 25 years there¬ after, the minister and heritors are to modify a new salary, ac¬ cording to the average price of oat meal to be ascertained by the Exchequer, at the valuation of from one and a half to two chalders, and so forth from the same period. In the High¬ lands, northern isles, and Hebrides, or where a parish is ex- T Act 1587, c. 27. * Act 10 Anne, c. 6. V Act 1696, c. 26. SCHOOLS A Kb SCHOOLMASTERS. f>3 tensive and populous, two or more schoolmasters may be ap¬ pointed, with an increased allowance of six hundred merks to be divided.—Schoolmasters are to be provided with proper school-houses, dwelling-houses, and gardens containing at least one-fourth of a Scots acre; but where a garden cannot be conveniently provided, an additional salary is to be assigned, at the rate of eight bolls of oat-meal an acre. The Heritor from whom the ground for the houses and garden are design¬ ed have a claim of relief from the other heritors. Where there are two school-masters, with a divided salary, heritors are exempted from the burden of houses and gardens to them. In parishes where there is only one qualified heritor he has two votes in all meetings, and where no preses is chosen, the heritor present of the highest valued rent has the casting vote. Where neglect or wrong by the heritors and minister can be proved in fixing the salaries, or appointing school-houses, dwelling-houses, and gardens, application is competent to the quarter-sessions. These, however, cannot alter the situation of a school-house formerly established z . The school-masters in royal burghs, or those with landward heritors, are to be provided according to former laws and proportions; but the salary and accommodations are to equal those ordered in this statute. The minister, or in a vacant parish, the presbytery is to appoint a meeting of heritors to elect a school-master upon a vacancy. And if the heritors and minister fail to elect with in four months from the vacancy; or, if the person chosen be found unqualified, they neglect to elect, within what remains of the four months from the vacancy, the presbytery shall apply to the commissioners of supply, who, or any five of them, at a meeting called upon thirty days notice, may elect a teacher jure devoluto. Were the commissioners of supply to refuse obeying the call of the presbytery, this wrong would be remedied by the supreme civil court a . And indeed were they inclined to disobey, the heritors and minister, presbytery of a z Dawson v. Allardyce, 18th Feb. 1809. • Minister of the Parish of Rea, 31st July, 1773. 54 sKv'loXY. the bounds, and commissioners of supply, the court of session without a doubt would, upon a complaint of any one of the parishioners, compel the heritors to do their duty. The he¬ ritors and minister are to fix the school-wages, and the presby¬ tery regulate the houi’s of teaching: the school-master is to instruct poor children grab’s. A school-master must sign the the confession of faith and formula of the church of Scotland; and be examined and approved by the presbytery, who are to take cognizance of his conduct, aud whose sentence of de¬ position shall be supported by the shei*iff of the county, upon which shall follow letters of ejection, of which suspension, ad¬ vocation, or reduction shall be incompetent 3 . SIMONY. Simony is the granting or promising of money or other re¬ ward for the procuring of a presentation to a church benefice. The only acts on this subject seem to be ecclesiastical b . And although, such decisions cannot be considered as imperative on the Civil Court; yet there will always be deference paid to ecclesiastical enactments.—Thci’e is simony of another kind recognized in Scotland ; “ where a presentee has come under “ any engagement to the patron to prejudice or hurt the reve- “ nues of a benefice c ; ” which being proved, the presentee might be refused; and in case of any dispute respecting the agreement, the Court of Session is empowei’ed to decide. Al¬ though this act was rescinded upon the abolition of Episco¬ pacy, and seems never to have been renewed, yet it is under¬ stood that the Court of Session has a general jurisdiction over simonists.—There seem to be no decisions of the Civil Court reported concerning simony, as it respects either the validity of a presentation, or the situation of a presentee. But there are cases repoi'ted, stating how far transactions considered as simoniacal, have been enforced by the Court of Session.—One b Act 43 Geo. Ill, c. 54. c Acts Gen. Ass. Simony, 1. 2. ‘ l Act 1612. c. 1. STIPEND* 55 case is reported of an illicit transaction about a presentation, where two candidates making application for a vacant benefice, the friend of one engaged to procure a year’s vacant stipend to repair the church, if he was successful, which he was; the presentee was fully acquitted, but the applicant refusing to fulfil his engagement, was prosecuted; when the court found the engagement was entered into oh turpem ran , and no action could lie upon it; but the offender was fined e . Another nearly similar instance occurred some time afterwards f .—A case is reported respecting the emoluments of a benefice; a patron granted a bond for twenty pounds yearly, which was afterwards cancelled for three hundred pounds to a minister who engaged never to demand an augmentation of stipend nor increase of glebe; the minister nevertheless pursued for an augmentation, which was resisted upon the plea of the bond, but it was declared pactum illicitum , and the augmentation granted g . A minister pursuing for an augmentation, it was resisted upon the ground of his giving an obligatory letter never to make another claim of the kind during his incumben¬ cy: the objection was repelled, and the augmentation a- warded h . STIPEND. The first commission of parliament, appointed for the mel¬ ioration of the ecclesiastical state of Scotland, fixed the low¬ est stipend (or minimum ) which could be modified to a minis¬ ter, at five chalders of victual, or five hundred merks, unless where the whole tiends of a parish did not extend so far; and the highest (or maximum ) to ten chalders of victual, or one thousand merksBy a subsequent commission the nfini- mum was raised to eight chalders, or eight hundred merks ;' and by another the money was raised one third i. e. from * Fac. Coll. 20th Feb. 1759. Stephen v. Lyell and others. f Fac. Coll. 19th Jan. 1775, Maxwell v. Earl Galloway and Gordon. g Fac. Coll. 22d Jan. 1794. Boyd v. Earl of Galloway. !l Fac. Coll. 9th March, 1803. Brodie v. Earl of Kellie. * Act 1617, c. 3. i Act 1653, c. 8. 56 STIPEND. merks to pounds Scots k . But these and all the following com¬ missions were silent respecting the maximum. The diminution of the value of money, the alteration in the mode of living, and the increased income of the other classes, have sunk the benefices in Scotland much below their former level; and without some proportional addition, the clergy must lose their rank in life, and their utility be in a good mea¬ sure impaired. Upon these grounds has the Court of Tiends been in practice of granting such augmentations of stipends as might keep pace with the advances of society, and with the same view have many stipends been increased, in which, from the want of unappropriated tiends, the court could not inter¬ fere. To give a clergyman a right to the emoluments of a bene¬ fice, it is necessary to receive induction by a presbytery, and to have a legal presentation from a patron. Neither of these independent of the other can entitle a minister to his stipend. When a presbytery admits in opposition to a presentee, that indeed confers a pastoral relation to the church, but it cannot hurt the patron’s civil right, nor entitle the person inducted to the emoluments, which fall as vacant stipend '. An oppo- sitejudgment being once given, was reversed, upon appeal to the house of Lords m . A minister who has been presented by a patron, but never received collocation, has no title [to sti¬ pend n . A minister’s right to his stipend commences with his induction to the benefice 0 Heritors who have paid sti¬ pend to a minister, due at the legal term, who had begun to preach, but had not been inducted till after the term, were found liable to pay it over again as vacant stipend p . A minis¬ ter has no claim to any stipend due at the term subsequent to his deposition, although he continue to preach after that k Act 1649, c. 45. 1 Falconer, Cochran v. Stothart, 21st June, 1751. ra Minister of Lanark, 29th July, 1752. Appeal, April,*1755. n Thomsons Viscount Haddington, 7th Nov. 1611. ° Stair, 12th Dec. 1676, College of Glasgow v. Heritors of Jedburgh, f Campbell v. Macdonald, 26th Feb. 1711. STITEND. 57 icrm fl . The same rule holds where a minister had resigned, or in any other way removed from his charge. But suspen¬ sion, which is only ah qfficiis not a benejicio, or any censure short of deposition, cannot deprive a minister of his stipend r . The legal terms which regulate the rights of ministers to their stipends, arc Whitsunday and Martinmas : because, at the first term, the corns are supposed to be fully sowed; and at the other, to be fully reaped. A minister therefore induct¬ ed to a benefice before Whitsunday, is entitled to the whole stipend of that year; and before Michaelmas to the half year’s stipend. In like manner, a minister dying, or being removed from his benefice, after Whitsunday, he or his exe¬ cutors are entitled to the half of that year’s stipend ; and after Michaelmas, to the whole of it. These rules hold, whether -the stipend be payable in money or victual, or whether a mi¬ nister have agreed with those liable, for payment at different terms. When a minister has survived any part of the ternir day of Whitsunday or Michaelmas, his executors are entitled lo what is due at that term, according to the civil maxim, dies incepius yro completo habetur. In some decreets of modification, the measure by which victual stipends are to be paid, is particularly specified. In some cases, the Linlithgow or standard measure of Scotland is adopted s . In others, the local measure is ordered c . Where the decrees of modification do not specify any measure, or where the use of payment had not been clearly ascertained, the minister must receive his victual according to the Linlith¬ gow standard u . In cases where the whole stipend is granted to the minister, or where he draws a part as titular on ac¬ count of a surrender, he is entitled to receive the victual ac- <1 Stair, College of Aberdeen v, Earl of Aboync, 10th Jan. 1670. 1 Macdonald v. Campbell, 6tn Feb. 1741. ' Makerston, 21«t Feb. 1720. * 1 * 3 Kinclaven, 26th June, 1716. u Minister of Culsalmond, 23d Jan. 1805. 3 1 STIPEND. 5 $ icording to the measure in which the teinds were valued, or used to be paid to the lay titular v * * * * . Where the minister’s stipend is payable in grain, and the ipsa corpora delivered, heritors are not bound to carry home the victual w . Where the ipsa corpora are paid, corns of a foreign growth may be refused, and those raised on the ground insisted on ; the victual must be of a medium quality, neither of the best nor the worst sort x . A minister having claimed from certain of his heritors, who were several years behind in the payment of their victual stipend, the market prices, which were higher than the fiars, his claim was sus¬ tained y. Vicarage teinds were those appropriated to the vicar, and consist either of the fruits of the ground, except corns, such as grass, flax, hemp, &c. or what the land produces by in¬ dustry, as those of predial animals, calves, pigs, eggs, milk, &c. These are regulated by local usage. The vicarage of lint has been found due in respect of the use of payment z . So likewise was that of fish a . A right of vicarage on mea¬ dow hay does not extend to sown grass, although no hay was made in the parish b . A tithe on animals is no more due, if not sanctioned by custom, than a tithe on flax or other articles c . Vicarage though once due, may be lost by the negative prescription, which extends to forty years d . Where the ministers of 3 , parish had been in use to let their vicarage leinds upon a lease for payment of a specific grassum, and a yearly rent, the present incumbent is not entitled to recur to v Minister of Kilmoden, 19th Feb. 1812. m College of Aberdeen v. Falconer, 12th July, 1758. x Forbes on Ch. lands, p. 353. y Fac. Coll. Wright v . Binning. E Fac. (Coll. Williamson v. Lunan, 15th Nov. 1787. a Fac. Coll. Mitchel v. Writers pf Ayr, 26th Junp, f7S9. b Fac. Coll. Brovyn v. Hunter, 15th June, 1796. c Fac. Coll. Hunter t>. Duke of Roxburgh, 9th March, 1796. 45 Lion ft Earl of Strathmore, Jan, 12,1737, STIPEND. 59 a claim for vicarage tithes in kind, but only to a renewal of the lease on the old terms. e . A minister is entitled to interest of arrears of stipend, though not localled, from the date of a charge given to an heritor f < But interest was found to be due upon arrears of augmented stipend, periodically at Candlemas for several years, evert where no charge had been given, nor any express demand made by the minister s'. Ministers’ stipends prescribe in five years after they become due h . Stipends are arrestable by the creditors of ministers, in so far as they exceed a reasonable aliment'; and the same thing is understood as to assigning the effects of a minister in a process of cessio bonorum K Mode of Enforcing payment of Stipends .—The court of teinds has no power to enforce its own judgments. Its deci¬ sions have the strength of an act of parliament, and the court of session is authorised to put them in force. The decrees of this court respecting ministers’ stipends are differently enforc¬ ed in different cases. Where there is a decree of modification only, the mode is different from what it is where there is a decree of locality. A decree of modification, ordains a stipend to be paid in general terms out of the teinds of a parish; and the minister is entitled to make his stipend effectual against any heritor to the extent of his teinds, leaving him to procure his relief from the other heritors of what he pays above his just proportion k . But when a minister’s stipend has been proportioned among heritors by a decree of locality, his claim can only be made effectual against an heritor to the ex¬ tent of the proportion localled upon him. As a process of locality is often very tedious, the court has authorised a tem¬ porary arrangement for proportioning the minister’s stipend c Hunter v. Duke of Rexburgfr, 9th March, 1796. f Anderson v. Urquhart, 15th Jan. 1805. s Dawson v. Sir James Pringle, 15th June, 1803. Act 1669, c. 9. 1 Clerk Hume, Hall, Feb. 12, 1756. j See Bell’s Comment, p. 626, 7. k Durie, 6th July, 1625. Morton v, Scot, 21st March, 1635, Keith v, Gray and Carmichael. 60 STIPEND. called an interim locality; according to which the stipend shall be paid until the final locality shall be settled, and the decree extracted, which is always given to the minister. The nature of the diligence by which the decrees of the teind court are enforced by the court of session is by letters of horning. When a minister having a decree either of mo¬ dification or locality requires letters of horning, he must pre¬ sent to the bill-chamber a short bill to the lords of session, stating the terms of the decree, and craving a warrant for let¬ ters of horning. The warrant being obtained, letters of hor¬ ning are then issued in the usual way from the king’s signet. Upon the decease of a minister holding a decree, or letters of horning, his successors must proceed in the same way, as if no horning had been previously issued; and produce, as the warrant for obtaining such horning, his act of admission, alonjr with the decree of the teind court. General letters of horning are discharged, except in three cases, of which one respects 1 28Q 285 INDEX. Separatists, see Schism, 2, 3, 5, &c. Sermons Funeral, see Superstitious Observances, I. Servants, see Profaneness, 2.—Remedies Domestic, $ 1. Service Book, see Evils of the Kirk, 4.—Books Erroneous, 1. Session, see Kirk-session.—Ministers. 1. Corruption in Office, § 8 . -— ■ Diets of, see ib. Army, I. Shiels, Mr. Alexander, see Deposing and Reponing, 12. Ships, see Lord’s Day, 5. Shorter Catechism, see Catechism, 4. Shortening of Processes, see Competency of Ch. Jud. 2. Silence of Ministers, see Ministers, 5. SIMONY,...... Simpson, Mr. John, see Doctrine, 3, 4 , 5 , 7, 8, 9. Single Acts of Scandal, see Scandals, 10. Sins of the Times, see Ministers, 5.—Remedies of Sins. Sisting Process, see Scandals, 10, 11. Skippers, see Lord’s Day, 5. Skye Presbytery, Annexations, 1. Slanders, see Scandals, 3. Smuggling, see Running of Goods. Society, or Fellowship Meetings, see Profaneness, 1. Socinian Errors, see Doctrine, 1. Soldiers, see Army. Solemn League, see Covenant.—Parliam. 3 .—Declar. 12. Solicitors, see Representatives in Assembly, 15. Solicitations for Benefices, see Ministers, 1.—Corruptions it? Office, $ 2, 3. Sorcerers, see Scandals, 2. Speakers against the Covenant, see Covenant, 1. Speech Directing, see Ordering Assembly-house, 1, §3. Speeches of the Commissioner and Moderator, ib. Spence, Mr. John, see Schism, 13. Sponsors, see Baptism. Spreading of Scandals, see Scandals 9. Stark, Mr. Robert, Kinross, see Schism, 6. - ; - - - Torryburn, see ib. 13. STIPEND, ...... INDEX. Stirling, see Synods’ Meeting, 2. Strangers, see Baptism, 3.—Remedies Eceles. against Pro¬ faneness, § 8. Stranraer Presbytery, see Annexations, 5. Strathbogie Presbytery, see ib. 6. Students of Philosophy, see Covenant, 1. -Theology, see Probationers, 16, 17, 19, 26. __— having Irish, see Bursars, 29.—Prob. 14, 21. ' Sub-chanters, see Papists, 2. Subscribers to the Covenant, see Covenant, 1, 3, 5, 7. Summary Excommunication, see Excommunication Greater. —Remedies, General Rules, $ 3. Superior Judicatures, see Deposing and Reponing, 7. SUPERSTIOUS OBSERVANCES,.293 SUPPLICATION,...294 Supplies, see Vacant Churches. -— for the North,, see Highlands. Supplying of Registers, see Registers. Suppression of Parishes, see Annexation, 15. Suspension from the Lord’s Table, see Scandals, 7.—Kirk, 6, 4. Sutherland Synod, see Annexations, 3.—Highlands, 11. Swearing, see Profaneness, 4. SYNODS,.297 -BOOKS,. . .300 -MEETING,.304 T. Tack, see Ministers.—Corruptions in Office, $ 10. Taylor, Mr. John, see Schism, 5. Testimonials, see Probationers, 16. THANKSGIVINGS,. 306 Theatre, see Ministers, 14. Theology, see Bursars.—Professors of Theology.—••Proba¬ tioners, 17, 18, 21, 26. Thomson, Mr James, see Schism, 12. Time of going to Church, see Kirk, 17. Tithes, see Supplication, 8. INDEX. Titles of Dignity, see Papists, 2. Toleration, see Evils of the Kirk, 5.—Declaration, 1S. Tong Presbytery, see Annexations, 13. Trade Illicit, see Running of Goods. Trade Secular Discharged to Ministers, see Ministers, 1. Cor¬ ruption in Person, § 3. Translation and Paraphrases, see Psalms, 9. Transplantations, see Transportations. TRANSPORTATIONS,. 30*7 Traveller, see Lord’s Day, 7, 8. Travelling, see ib. ib. ib. Trials, see Ministers, 1.—Corrupt in Office, § 1, 2.—2. Rem. of Eron. $ 2. — ■ of Intrants, see Probat. 3, 4, 6,13, 17, 21.—Schools, 5 .—Visitations of Kirks, &c. 1. of Ministers, see Probationers, 4. Trilapse in Fornication, see Remed. Eccles. against Profane¬ ness, § 5. Tunes Common, see Psalms, 8. Tweeddale Synod, see Synod’s Meeting, 6. W Uist Presbytery, see Annexntions, 16. UNCLEANNESS. 311 Uncustomed Goods, see Running of Goods. Union of Offices, see Ministers, 15. Uniting of Churches, see Kirks, 5. UNITY IN RELIGION,. 312 UNIVERSITIES,. 315 University of Edinburgh, see Representatives in Ass. 11. Unlawful Bond, see Oaths, 1. Unqualified Ministers, see Ordination of Ministers, 4, 5, 10. ___-- Preachers, see ib. ih- Unsoundness in Doctrine, see Ministers, 10, § 8.—Doctrine. Usury-Ocker, see Ministers, 1.—Corruption in Person, § 3. V. VACANT CHURCHES,.-. _STIPENDS,. VAGRANT MINISTERS,. 319 ib. INDEX. „t ■ Vagrant Teachers, see Schoolmasters, 6, 8. Viaticum, see Highlands, 19, 23. VISITATIONS of KIRKS, COLLEGES and SCHOOLS, 320 - MINISTERIAL of PARISH ES.322 .. PRESBYTERIAL of PARISHES,. ...... 325 ---by Elders, see Remed. Eccles. against Pro¬ faneness, § 2. Visitors of Books, see Synod Books.—Bursars, 6. Voicing Voting, see Dissenting Voices.—Kirk-sessions. W. Wales, Prince and Princess of, see Prayer, 6, 7.—Address, 45, 46. WARNING,...326 War Unlawful, see Public Enemies, 4; Wardlaw, Mr. James, see Schism, 6. Webster, Mr. James, see Doctrine, 3, 4. WEDDINGS, .. ------- .329 Weekly Catechising, see Rem. Part. Eccles. of Sins, § 1. -Preaching, see ib. WIDOWS,.;......I..... 330 Wigton Presbytery, see Annexations, 5, 8. Wilson, Mr. Gabriel/ see Doctrine, 6. - Mr William, see Schism, 7, 8, 10, 11, 12. Withdrawers from Ordinances, see Worship Private, 3. § 4. 8.—Worship Public. WITNESSES,.....336 Women Married, see Uncleanness, 2. § 4. . .. Unmarried, see Father of an illegitimate Child. Word, see Kirk, 6. WORSHIP PRIVATE,.... 337 -PUBLIC,.. 342 Y. Yearly General Assemblies, see Kirk, 1.—Evils of Kirk, 4. Young Men, see Probationers, 10. Yule Day, see Superstitious Observances, 3. Z. Zetland Presbytery, see Synod’s Meeting, 3. finis. . ; /