3. For preventing unnecessary begging, or imposing upon charitable people, no church judicatory is to give recommendations for charity to any without their own bounds, and these recommendations are to be only for a definite time. Assembly 1695, sess. 17.

TITLE XI.

Of Provision for Schools and Universities.

1. By King William's Parl. sess. 6. cap. 26, it is appointed that there be a schoolmaster and school in every parish, his fee not under one hundred merks, nor above two, to be paid by the heritors and liferenters of the parish, who are to have relief for the half of it, off their tenants; and that letters of horning be therefore directed at the instance of the schoolmaster, conform to the proportions due by the heritors, laid on by the major part of them, (I suppose, convened by public intimation from the minister in the pulpit, by order or advice of the session,) or failing of whom by any five commissioners of supply, within the shire, upon the presbytery's application to them; and the heritors for the salary are to be stinted conform to their valued rent. Item, Provision for schools and schoolmasters are declared to be a pious use, to which patrons may employ vacant stipends, at the sight of the Sheriff of the bounds. Excepting from this act the stipends vacant in the synod of Argyle, because of the act, Parl. William and Mary, sess. 2. cap. 24, in their favours. And by the 10th act, Assembly 1699, it is recommended to the several presbyteries, to use their endeavours that schools be erected in every parish conform to the acts of Parliament, and acts of Assembly, and it is recommended to synods to see this observed.

2. By the foresaid 26th act, and likewise by the 14th act of the same session of Parliament, the privileges granted to ministers for their stipends, viz. that there be no suspension, except on consignation, are extended to universities, schools, and hospitals, for the ingathering of

their rents and debts.

See more of this on the title of

Mortifications and Ministers Stipends.

3. When the Directory was established, by which public reading of the Scriptures was committed to the preachers; and fearing lest the maintenance on that pretence might be withdrawn from the readers, the Assembly did, August 6. 1649, require the presbyteries, to see that none of the maintenance given to such readers, precentors, and schoolmasters, be taken from them, notwithstanding that recommended alteration in the Directory.

4. A tack or lease of teinds set by an university for a definite time, with an obligement to renew the same in all time thereafter, was found not effectual after the definite time was expired; though the same rent was received for some years after, that was not sustained as an homologation, but as a tacit relocation. See Stair's Instit. p. 301; so that after the definite time is expired, they might increase the tack duty.

5. So careful have our Sovereigns and Parliaments been for the flourishing of these seminaries of church and state, that for their provision and bettering of their stocks, they have sometimes upon the offer made by the clergy, ordained forty pounds, or six per cent. out of every thousand merks of ministers rents, to be paid yearly for five years, Car. II. Parl. 1. sess. 3. cap. 24, and at other times vacant stipends are assigned for their better provision for a time, Car. II. Parl. 2. sess. 3. cap. 20. James VII. Parl. 1. cap. 18. They have likewise imposed a cess upon the kingdom for preserving of some universities, Car. II. Parl. 3. cap. 23. Now the universities, by gift under the great seal, do share liberally of the bishops rents, and some of them have lucrative and easy tacks of certain bishopricks, and large allowances too, even out of these tack duties, sometimes for salaries to new profes .sions.

TITLE XII.

Of the Immunity and Union of Churches.

1. By the canon law, there are certain immunities or privileges granted within church walls and church yards, called local, so as that secular judges within that bounds can cognosce upon no civil or criminal action; also, that no incorporations, councils, or fairs, meet or hold there; that there be no university discourses there; that secular affairs be not the subject of any conversation there; moreover, that there be no feastings there, and that these bounds be sanctuaries to the guilty flying there for refuge, and they are not to be pulled thence to punishment, unless the atrocity of the crime be such as may induce the church to surrender them. This privilege is also extended to the houses and palaces of bishops. The temple of Jerusalem was built by God's direction, it was dedicated by man, and God's acceptation of it was testified. It appears by John ii. 19. that it was an illustrious type of Christ's body, and by the 16th verse, we find that our Lord resented the profanation of that holy place. Yet, notwithstanding of all that, God doth so abhor proud and malicious sinners, that he commands them to be taken from his altar that they may die, Ex. xxi. 14. and Joab was slain in the tabernacle of the Lord, 1 Kings ii. 31. But that special kind of respect which was due to that hallowed and typical temple, is not communicate, extended, or confined to the places of worship under the New Testament, John iv. 21.

2. Likewise by the canon law, there is another immunity or privilege, called personal, granted to the clergy, such as, that they are excused from accepting to be tutors or curators, and that none in sacred orders shall be liable to the payment of public burdens. I acknowledge, ministers ought not to be so imposed upon as to be perplexed with secular affairs, and far less should they ever do it of choice: and albeit the vocation of a pastor, his commission and instructions relating thereto, be all of a

spiritual nature, and of divine original, yet their persons, estates, and behaviour, considered in a civil capacity, are, according to Scripture and reason, subject to the civil government. Their persons are accounted so sacred among our people, and they judge themselves so secure from that venerable impression, they very well know, is generally received of their character, that they rarely make ordinary journies with arms, as gentlemen and other travellers do. They are by law still exeemed from attending the king's host, except the nation become so miserable, that necessity or their own security oblige them: and even in that extraordinary case, they may, if they please, only act in the army as ministers or chaplains. Since the year 1689, both poll and hearth money have been imposed upon ministers by authority of Parliament.

3. By the canon law on this title, two churches may be made one, when the maintenance is so inconsiderable, that two pastors can have no comfortable living upon them, or when one of them is become desolate by the sword of an enemy, or the number of parishioners small or very much diminished. In which case it would be for the greater good of the church, if two such small charges were reduced into one, providing the benefice of the small charge, now united, be not condemned to any secular or other use, but only applied to maintain a pastor in a new erection, or else a colleague in some numerous congregation; for two competent stipends are not to be united, till there be no need for any new eréction or augmentation in the church.

4. If the heritors and elders of two kirk-sessions shall agree to the uniting of some parts or skirts of one of the parishes to another, or to transplant the church from one part of the same parish to another part therein, for the people's greater ease and convenience, in that case, the presbytery, upon application of the parties concerned, may, for any of these ends, interpose their authority to their agreement, providing they find it may tend to the greater ease and edification of the people; and providing there be still two distinct parishes, and the quantity and

quality of both stipends preserved undiminished and unaltered. What I here propose is conform to the 5th art. cap. 7. of the French Church Discipline, in these words: "The colloquies and synods shall deliberate of limiting the extent of places wherein each minister shall exercise his ministry."

TITLE XIII.

Of Churches, Church-Dikes, Manses, Yards, Glebes, Bells, Utensils, Ornaments, Books, and High-roads to Churches.

1. Churches are public houses erected for public divine worship, and for hearing the preaching of the word of God; they are to be repaired out of the vacant stipend; for that 18th act James VII. Parl. 1. is never yet in so far rescinded: and when the vacant stipends fail, the burden of building and repairing the church doth lie upon the heritors, whether residing in the parish or not. The majority of these that meet, must stent themselves for that effect, according to their rents. But if the heritors refuse, being required thereto by the minister from the kirk-session, the Lords of Session, by a bill given in by the minister, will grant warrant to him and his session to convene at a certain day, for trying what sum will repair the church, and to stent the heritors in that sum conform to their valued rents, and to appoint a collector to uplift the same. But before the making up of that stent-roll, the heritors ought again to be publicly advertised to meet, and then to make the same. If, after this order is used, they fail, the session then concludes the stent, and letters will be directed at their collector's instance, against the heritors for paying the proportions they are stented in Stair's Instit. p. 192. and act ult. Parl. 3. James VI.

2. Church-yards are dormitories for human bodies, and ordinarily that spot of ground within which the church stands. Our law allows to church-yards equal privileges with churches, in many things; particularly, that the raising of tumults or frays in time of di