ter. 27. The whilk day the presbytery of met at the kirk of considering that there had been a call presented upon the day of unto them, from the heritors, elders, and parishioners of the said parish of to preacher of the Gospel, to be their minisTo which call the said presbytery of their concurrence was sought by the said parish, within the bounds of which presbytery the said parish lies. And with which call the said presbytery did concur, as their act thereanent, dated, &c. bears: Likeas, conform to the aets and constitutions of this church, observed in the like cases, and at the desire of the said parish, the said presbytery did put the said then only a probationer, to all the parts of his trial for the ministry, as is usual, wherein he was approven to the satisfaction of the said presbytery. After which, the presbytery of cause serve his ediet at the said church of due and orderly form, on a Sabbath-day, being the day of whereby it was publicly intimate to the said congregation, that in case any person had any thing to object against the said Mr why he should not be ordained and admitted minister to the said charge of they might apply themselves to the said presbywhich was to sit at tery of the did in the day of where they should be fully heard; with certification as effeirs. And accordingly, the brethren of the presbytery met at the day aforesaid, and the edict being returned indorsed, and all parties concerned in the said congregation being lawfully called, and none compearing to object against the said ordination and admission, therefore the said presbytery did determine to meet at the kirk of upon the day of in order to the ordination and admission of the said Mr to the said parish, and appointed Mr minister of the gospel at within their bounds, to preach at the said admission and ordination. Which being accordingly performed, the brethren met presbyterially, taking the whole matter to consideration, as said is, did then and there, in due order, and all requisite formalities, so lemnly ordam, admit, and set apart, by imposition of hands and prayer, the said Mr in face of the whole congregation there present, to the sacred order of the ministry, in the said congregation and parish; and afterwards was received to ministerial communion by the brethren of the ministry, and by the heritors and elders as their minister. This is extracted, &c. 28. While the church doth enjoy peace, and is at full liberty, it is very reasonable that the above comely order should be observed: but in troublesome times, and in cases of great necessity, ministers must be ordained without particular relation to a parochial charge, otherwise there shall be no ordination in times of persecution. By act 4. chap. 1. of the French Church Discipline, it is declared, that in such extraordinary cases, a minister of the Gospel may be ordained by three ministers: But in times of peace, by no fewer than seven; and in case the colloquy consist of fewer, it shall call in some of the neighbouring ministers to accomplish that number. 29. You will find the old manner of electing and ordaining of ministers at the beginning of our Reformation, in Knox's Forms, prefixed to the old Psalms, that it was performed without imposition of hands, and without a nursery of expectants; which notwithstanding was an ordination both valid and lawful, especially in that infant state of this reformed church. 30. By the 2d and 3d articles, chap. 1. of the French Church Discipline, the bishops, curates, priests, and friars, among the Popish clergy, turning Protestants were to be re-ordained by imposition of hands. And in the sixth session of Assembly 1690, the moderator is allowed and authorised to declare, in their name, that they would depose no incumbents simply for their judgement about the government of the church, nor urge re-ordination upon them. 31. None are allowed to enter the ministry under the age of twenty-five years, except such as the synod or assembly judge fit for the same: See Assem. 1638, 1647, and 1704, session 10. Other churches have likewise very much regarded the age of intrants to the ministry; for by the 14 Canon Concilii Sexti in Trullo, it is said, Sanctorum Divinorumque patrum nostrorum Canon in his quoque valeat, ut Presbyter ante trigesimum annum non ordinetur, etiamsi sit homo valde dignus; which canon agrees with the 11th Concil. Neocæsar. This church hath likewise a special regard to the literature of intrants (of which more afterwards,) and it is generally esteemed an essential accomplishment, that they should have the Latin tongue: For you will see in the supplement to Calderwood's History, that in the Assembly 1575, it was ordained, that none should be admitted ministers except such as can interpret and speak congruous Latin, unless the General Assembly, for their singular gifts and graces, found cause to dispense therewith. Accordingly they have, both of old and of late, dispensed therewith: particularly the Assembly 1708, appointed the presbytery of Sky, after trial of his other qualifications, to ordain one to be minister at St Kilda, who wanted the Latin tongue. 32. By the 9th Act of Assembly 1699, ministers and probationers having the Irish language, are not to be settled in the low-country, till the highland places be first provided: And by the 16th session of the same Assembly, presbyteries are to be censured who settle any probationer in the south, who was born on the north side of Tay (except it be in the case of a call given to such probationers by the city of Edinburgh) till they have been twelve months in the north, without receiving a call there; in which case they are free to come south, and accept of a call. And any north-country proba tioner who shall be otherwise settled, is ipso facto transportable. And no doubt the same certification may be extended against ministers and probationers, having the Irish language, that are settled in lowland congregations, contrary to the foresaid act, conform to the 11th act of Assembly 1708. 33. By the 16th act of Assembly 1697, for the more expeditious planting of the north, the agent of the kirk, or any person deputed by him, is authorised to prosecute calls from the north side of Tay, and other presbyteries there mentioned, to any minister belonging to any parish on the south side of Tay. But as for parishes in the south of Scotland, they prosecute calls thus: After the call hath been signed and attested, as in Sect. 8, the moderator is to propose to the meeting, that they appoint some of their number, not only to present their call to the presbytery, for their approbation and concurrence, but to prosecute the same till it be brought to an issue : Which commission is to be signed by the moderator and session-clerk, in respect that all the deeds of that meeting are recorded in the session-books. 34. By the 13th act of Assembly 1697, upon a letter from the Commander in Chief of His Majesty's Forces, it is recommended to the respective kirk-sessions where the forces are quartered, to provide them with convenient seats for hearing, and to inspect them as they do other parishioners. And the commission of the General Assembly, upon application from the chief commanders, is to settle ministers in regiments belonging to this kingdom: But when the commission is not instructed to receive such applications, then, no doubt, they are to be made to the presbyteries. Thus we see that ministers do not receive their warrant to take oversight of a regiment, as colonels and other officers do their commissions from the Sovereign. 35. By the 13th act of Assembly 1708, it is transmitted as an overture to presbyteries, that when the sufficiency of intrants to the holy ministry is contested in the presbytery that ordains them, that in this case the presbytery shall refer the whole affair to the respective synods, and that the synod shall appoint some of their number to examine coram such intrants, and give directions to the presbyteries in such cases. TITLE II. Of Transportation and Admission of Ministers. 1. Transportation or translation, is an authoritative loosing of a minister's relation to one charge, and a making up of that same relation betwixt him and another, done for the greater good of the church. This act hath no resemblance to the dissolving of the relation itself betwixt a minister and the church, as in the censure of deposition: But it only resembles a master's taking one from labouring in such a part of his vineyard, to continue the same work in another part thereof. 2. No minister is to receive or entertain a call from another congregation, till it come to him by his own presbytery. And any man transporting himself to another congregation, deserves both to be loosed from his own charge, and debarred from entering into the other : The canonists upon this title do thus determine, Qui enim sua propria authoritate ad aliam se transfert ecclesiam, priore relicta, et suam amittit et ab aliena repellitur. Vide Petri Biarnoy Examen Juridicum. 3. The presbytery having heard, by word or petition, these commissioned from the vacant congregation to prosecute the call, and after sustaining their commissions, and finding the call, as to what appeareth at present, to be orderly, and the reasons thereof not without some ground and weight, they are thereafter, at the same diet, to deliver their call, by their moderator, to the minister desired to be transported, with the reasons thereof, and to summon him, apud acta, to appear before the presbytery, the time for compearance being at least fifteen free days thereafter. 4. If the minister called be absent from the presbytery, then the call, with the reasons thereof, or rather a double of both, attested under the clerk's hand, are to be delivered to him by the presbytery officer, either personally, or at his dwelling-house, together with a citation for him and his parish to appear ut supra. 5. A. B. Moderator, &c. Forasmuch as, the heritors, elders, &c. of the parish of have applied to us for our warrant and precept to cite Mr C.D. minister at and the parishioners thereof, to hear and see the said Mr C. D. transported in manner, and to the effect under-written, conform to a call given him by the said parish. Herefore, we require you, that upon sight here. of, ye pass, and lawfully summon the said Mr C. D. per |