sion of Faith 1580, against the order set down in the Book of Policy, and against the intention and constitution of this kirk, and which from the beginning, hath been one of the chief causes of the bygone evils therein. The Assembly, in their answer August 9. 1641, to the English ministers, declare, they are persuaded Presbyterial kirk government to be of God, and Episcopal government to be only of men; and they resolve to hold the same constantly. Again, by their answer August 3. 1642, to the declaration of the Parliament of England, they say, the reformed kirks do hold, without doubting, their kirk officers and kirk government, by Assemblies higher and lower, in their strong and beautiful subordination, to be jure divino; yet Prelacy, as it differeth from the office of a pastor, is almost universally acknowledged by the prelates themselves, to be but an human ordinance, settled by human law for supposed conveniency; wherefore, by human authority, without wronging any man's conscience, the same may be abolished upon so great a necessity as is a hearty conjunction with all the reformed kirks. Among the causes of that fast appointed by Assembly 1690, this is one, that the government of the church was altered, and Prelacy re-introduced with. out the consent of the church, and contrary to the standing acts of our National Assemblies. From all which it appears, that the re-introducing of Prelacy, was always lay, and Parliamentary only; and the government of the church by presbyters was orderly and synodically esta blished by the guides and governors of the church, her preaching and ruling elders.

5. The meeting of estates in their claim of right, April 11. 1689, declare, that Prelacy and the superiority of any office in the church above presbyters, is, and hath been a great and insupportable grievance and trouble to this nation, and contrary to the inclinations of the generality of the people ever since the reformation (they having reformed from Popery by presbyters) and therefore ought to be abolished. In pursuance whereof, it is abolished by the 3d act of Parl. 1689, and by the 3d act of the 1st sess. of Queen Anne's Parliament, it is statute

and declared high treason to quarrel, impugn, or endeavour, by writing, malicious and advised speaking, or other open act or deed, to alter or innovate the claim of right, or any article thereof. Which act is as a hedge about the Revolution establishment; for after the same was voted and enacted, never durst any presume to offer any act or overture for a toleration to Prelacy; whereas, before that, some offered in Parliament draughts of acts for a toleration to Prelacy, and moved that the commission of the late Assembly 1703 should be called to the bar for asserting in their address, that the Parliament's granting a toleration to Prelacy would be to establish iniquity by law.

6. The Assembly 1638, December 20. inhibiteth all printers within this church to print any act of this or preceding Assemblies, any Confession of Faith, any debates about present divisions, or any treatise whatsoever, which may concern the church of Scotland, without warrant from the clerk of the Assembly, or to reprint the same by any other not appointed by him: and that under pain of ecclesiastical censure. By the 14th chap. art. 19. of the French Discipline, all printers and stationers are warned, not to print or sell books that shall concern religion or ecclesiastical discipline, without the consistory's allowance, and no book is to be sold that tends to advance idolatry, and corrupt good manners. And by the 16th art. of the foresaid 14th chapter, ministers, nor any else in the church, cannot print books made by themselves or others, touching religion, nor any way publish them without allowance from the presbytery or synod, or from those authorised by the synod to license books. By the 7th act of Assembly 1707, presbyteries are appointed to take special notice, of any book or pamphlet which has for its author or publisher any minister of this church, and examine if there be any thing therein contrary to her doctrine, worship, discipline or government, and that they censure such as shall transgress herein, according to the demerit of the cause. The sellers also and dispersers of erroneous and Popish books, are to be punished arbitrarily by the rubric of the 25th act, Parl. 11. James VI. But the statutory words run only against the home-bringers of such books, the

books also are to be destroyed, and warrandice given to magistrates of burghs, with a minister, to intromit with them, without hazard of spuilzie: de praxi, sheriffs and other magistrates intromit with such books without a minister's presence or concurrence: See Mackenzie, tit. Heresy.

7. For preventing innovations, sudden alterations, by passing of acts which may threaten the peace of the church, it is enacted, that before any Assembly make acts which are to be new standing rules and constitutions to the church, the same be first past as overtures, to be transmitted to the several presbyteries, and their consent reported to the next Assembly, who may pass the same into acts, if the more general opinion of the church agree thereto. See Assembly 1684, August 30. Assembly 1641, sess. 14. Assembly 1695, sess. 7. Assembly 1697, sess. 6. and by the act of Assembly 1700, sess. 17. any overtures of general concern proposed to the Assembly, after the first reading, are to lie on the table to be seen by all the members till the next day of the Assembly's sitting, and when transmitted, presbyteries are to consider of them, before the meeting of the synod, next after the Assembly, and their opinion is to be sent to the next Assembly in writing. When presbyteries observe this order, then the Assembly gathers the opinion of the church from the plurality of the written opinions returned; but in case a great number of presbyteries, should either be so well satisfied, or so indifferent about the overture transmitted, or give such absolute trust and credit to their commissioners, that they give no opinion in the matter, in that case the opinion of the commissioners is to be looked upon as the opinion of their constituents.

8. The same authority and method that was necessary unto the framing of an ecclesiastic constitution, must be interposed and used at its repealing, "Nam nihil est tam naturale, quam eo genere quidque dissolvi, quo colligatum est." By the 8th act of Assembly 1706, commission books are only to be attested in a negative style. even as those of synods; yet, by the 9th act of Assem

bly 1707, the actings and proceedings of the preceding commission are ratified, and approven positively and solemnly, as former commissions had been, because of their extraordinary faithfulness, zeal, and diligence in addressing and petitioning the Parliament against the dangers and evils feared from the then designed incorporating union with England.

9. By the 21st act of Assembly 1696, and by the 12th and 18th acts of Assembly 1704, all ministers and members of this church are discharged to publish or vent, either by speaking, writing, or printing, by teaching or preaching, any doctrine, tenet, or opinion, contrary unto any head, article, part, or proposition of the Confession of Faith of this church, and particularly the venting any Arminian or Socinian errors; and church judicatures are ordained to advert to any who shall teach or vent such errors, and proceed to censure them for the same. And also all presbyteries are enjoined to censure such persons within their bounds, who do carry on divisive courses, and withdraw from communion with this church, under a pretext of zeal to her doctrine, worship, discip line, and government, and that all means be used for reclaiming such misled people.

10. By the 6th act of Assembly 1690, it is recommended to presbyteries, to take notice of all ministers, whether the late conforming incumbents or others, who shall not observe fast and thanksgiving days, indicted by the church, or who shall be found guilty of administering the sacraments in private, or celebrating clandestine marriages without proclamation of banns, and to censure them accordingly.

11. For retaining unity and soundness of doctrine, all probationers licensed to preach, all intrants into the ministry, and all other ministers and elders, all schoolmasters, chaplains, governors, and pedagogues of youth, are appointed to subscribe, at the sight of presbyteries, their approbation of the Confession of Faith, as the confession of their faith, Assem. 1690, act 7. Assem. 1700, 10th and 11th acts. And by the 11th act of Assembly 1694, any of the late conform ministers may be received by

the commission of the Assembly into ministerial communion, who shall acknowledge, engage, and subscribe, upon the end of the Confession of Faith, the following formula. And by the 16th act of Assembly 1705, all students of theology licensed to preach, and all ministers and elders are in like manner to subscribe the same; the tenor whereof follows: "I A. B. do sincerely own and declare, the above Confession of Faith, approven by former General Assemblies, and ratified by law in the year 1690, to be the confession of my faith, and that I own the doctrine therein contained to be the true doc trine, which I will constantly adhere unto; as likeways, that I own and acknowledge the Presbyterian govern. ment 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 endeavour, directly nor indirectly, the prejudice or subversion thereof; and that I shall observe uniformity of worship, and of the administration of all public ordinances, as the same are at present performed and allowed." See book 1. tit. 4. sect. 7.

12. The synods of this national church, in the year 1702, considering the great affair of the union of the two kingdoms, then under deliberation, did, for mutual edification, and strengthening one another's hands in the Lord's work, appoint each minister and probationer, judicially, in their respective presbyteries, to profess and declare their resolutions and engagements to maintain, by God's grace, the true doctrine of this church, according to our Confession of Faith, and the purity of worship, discipline, and Presbyterian government of this church, founded on the word of God, and that they promise to disown all principles contrary thereto.

13. The fourth article of cap. 23. of the Confession of Faith, has these words: "Infidelity, or difference in religion, doth not make void the magistrate's just and legal. authority, nor free the people from their due obedience to him." Which are generally understood thus, viz. that the principles of our holy and peaceable religion do