read the minutes of the last sederunt, these of former sederunts being always read at the beginning of each session; which being done, he discourseth to the Assembly concerning the good providence of God that brought them together, and in allowing them the countenance and protection of the supreme magistrate; and exhorteth the members, to faithfulness, loyalty, and diligence in their stations. The moderator having understood the mind of the Assembly from previous communings with the members, as to the particular time and place of the next Assembly's meeting, which diet being concerted before, also with the Commissioner, he doth in their name represent the same to the King or Queen, or their Commissioner, if present, and upon their agreeing thereto, it is to be recorded and publicly intimate at the door of the Assembly-house by their order. The Commissioner agrees ordinarily thereto in these or the like words, (to many of fensive enough,) I do in my Master's name (or her Majesty's name) dissolve this Assembly; and, in the same name and authority, I appoint the next General Assembly to meet at such a time and place, which ordinarily is the same with that which the moderator in name of the Assembly did represent. Then the moderator closeth the Assembly with prayer, singing of psalms, and pronouncing of the blessing.

38. Indeed when it happens that a Commissioner doth rather cross than countenance the Assembly, either by an abrupt and interrupting dissolution, or by not appointing the next annual Assembly according to law; in these cases their behaviour is different, as may appear in the two following instances. The first was in the Assembly 1638. There the M. of H. his Majesty's Commissioner, having dissolved them after some few days sitting, both in the Assembly-house and by public proclamation; they did notwithstanding (having protested against their dissolution) continue their sitting till they ended the work they met for, and appointed the time for their next General Assembly, for which you will find their apologetical vindication in their printed letter to the King. Another instance is this, the E. of Lothian,

their Majesties Commissioner to the General Assembly 1692, upon Saturday the 13th of February, (the Assembly being met and constitute by prayer,) did immediately thereafter deliver himself as follows: Moderator, what I said last had so little success, that I intend to give you no more trouble of that nature; only this, you have now sat about a month, which was a competent time both to have done what was the principal design in calling this Assembly, (of uniting with your brethren,) and to have done what else related unto the church; but his Majesty perceiving no great inclination among you to comply with his demands, hath commanded me to dissolve this present General Assembly; so I, in their Majesties name and authority, do dissolve this present General Assembly. Whereupon the moderator asked his Grace, if this Assembly was dissolved, without naming a diet for another? To this his Grace made return in these words: His Majesty will appoint another Assembly in due time, wherewith you will be timeously advertised. Upon this, the moderator desiring of his Grace that he might be heard a few words, his Grace told him that he could not hear him as moderator, but only as a private person: the moderator answered, in whatever capacity your Grace pleaseth, I beg to be heard a few words. His Grace replied, That as a private man he might speak; whereupon the moderator delivered himself as follows: May it please your Grace, this Assembly, and all the members of this national church, are under the greatest obligations possible to his Majesty, and if his Majesty's commands to us had been in any or all our concerns in the world, we would have laid our hands on our mouths and been silent; but they being for a dissolution of this Assembly, without indicting another to a certain day; therefore, (having been moderator to this Assembly,) in their name, they adhering to me, I humbly crave leave to declare, that the office-bearers in the house of God, have a spiritual intrinsic power from Jesus Christ, the only head of his church, to meet in assemblies about the affairs thereof, the necessity of the same being first represented to the magistrate. And fur

ther, I humbly crave, that the dissolution of this Assembly, without indicting a new one to a certain day, may not be to the prejudice of our yearly General Assemblies granted to us by the laws of this kingdom. Here the members rose up, and with one voice, declared their adherence to what the moderator had said; whereupon the moderator, turning himself to the Assembly, cried, Brethren, let us pray: but the members, by a general cry, pressed to name a diet for the next General Assembly. Whereupon the moderator said, If they pleased, the next General Assembly might meet here at Edinburgh upon the third Wednesday of August 1693, and the members did again with one voice declare their approbation thereof. Then the moderator having ordered silence, concluded with prayer, and singing the 133d psalm, and pronouncing of the blessing.

39. In the end of the act of Assembly 1647, approving the Confession of Faith, it is asserted, that it is always free to the magistrate to advise with synods of ministers and ruling elders meeting upon delegation from their churches, either ordinarily, or being indicted by his authority occasionally, and pro re nata. It being also free to assemble together synodically, as well pro re nata, as at the ordinary times upon delegations from the churches, by the intrinsic power received from Christ, as often as it is necessary for the good of the church to assemble, in case the magistrate to the detriment of the church withhold or deny his consent, the necessity of occasional Assemblies being first remonstrate unto him by humble supplication; see § 1. of this title.

TITLE XVI.

The Order of the Rolls of Church-Judicatures, and Ranking of Church Office-bearers. And of her Registers.

1. Ruling elders and deacons in church-sessions should be regularly inrolled, and called to take place, according to the seniority of their ordination: but the poverty of the church being such, that there is no maintenance or

benefice annexed to these offices, therefore they use to be ranked according to their secular stations and employments; only seniority of ordination may be a rule whereby disputes for precedency among equals are to be decided.

2. All ministers are inrolled in presbyteries, and have place only according to the seniority of their ordination; a presbyter labouring in the word and doctrine, being the highest officer in the church, to be sure no officebearer of an inferior order will ever compete with him: and therefore a minister of a later ordination, albeit he have the character and station of almoner or chaplain to the Royal Family, or of being historiographer, principal, or professor of theology or philosophy in any university, yet he will not presume thereupon to take place from one of a prior ordination; because all these stations and characters, ecclesiastically considered, are of an inferior order to that of the pastor, unless he pretend unto it by virtue of civil place and power, which is condemned in pastors as incompatible with their spiritual function, by Assembly 1638, Decem. 19. but the order in which ministers deliver the presbyterial exercises, is according to the seniority of erection of the parish churches where they officiate.

3. It is usual to change the order of the roll every synod, so that the presbytery that was first called in the roll of the former synod, is now called last (as was said above,) and that which was in the second place is now called first: and the members are called according to the roll of each presbytery, presented to the clerk by the moderators thereof, with the ruling elders therein insert. And though a parish be vacant, or the minister thereof not present, yet the ruling elder for that church session is to be called for and inrolled. But those who are against ruling elders their being supernumerary to ministers in judicatures may dislike this: Yet if once a judicature fix on a quorum, whereof always so many are to be ministers, though double their number of elders should come and be present, there is nothing as yet to hinder them all from voting.

4. The rolls of General Assemblies do begin with the synod which in the former Assembly was called in the second place, leaving the synod which was then first called now last; by which rotation the equality is better preserved. Commissioners from presbyteries are placed in their commissions according to the seniority of their ordination. Next to them are inrolled the commissioners from the universities within the bounds; and next to them such as have commissions from royal burghs therein. In General Assemblies, ruling elders are called immediately after the ministers their colleague commissioners.

5. The first thing to be done at every diet, after cal ling the rolls, is the hearing the minutes of the last sederunt or session read; and till they be passed and allowed by the judicature, and also subscribed by the moderator, there ought no extracts thereof to be given, nor, till then, should it be warrantable for the clerk to enter them into the register.

6. In any thing wherein the moderator or clerk is particularly concerned, they ought in that case both to subscribe the minutes, as the privy seal used to be appended to charters, or the like passing the great seal in favours of the keeper of the great seal. And at the close of the register of every General Assembly, and of each inferior church judicature, when they are given in to be approved by their next immediately superior judicature, they bear, "Here ends the register of the acts and proceedings of consisting of

from

:

to

pages." And this attestation is to be subscribed by the moderator and clerk and every record at the beginning is to bear its own proper title, viz. the register of the acts and proceedings of such a judicature, begun at

day of

&c.

the

7. By the ninth act of Assembly 1700, they appoint all provincial synods and presbyteries to be careful in revising the registers of the judicatures under their immediate inspection, and that they appoint a competent number of the most fit and experienced among them, for that work; and when they find nothing to challenge in any register, they are to give it the attestation following;