not deny but infidels and Papists may be lawful magistrates in such countries or kingdoms where these false religions are established, and if any of our religion happen to sojourn in these territories, they ought notwithstanding to own their just and legal authority, and obey their lawful commands. But in other kingdoms or countries, such as this of Scotland is, where professing and defending of the Protestant religion is made a condition of government, betwixt the magistrate and people, in that case, if he shall either be of, or fall away to a false religion, and violate the said condition and agreement, then there is ground and reason for the people's representatives to claim their right, and declare him on that account to have forfeited his right to the crown, and declare the throne vacant, as did our meeting of estates, April 11.1689.

14. The act of Assembly, August 31. 1647, considering how the errors of independency and separation have spread in England so much, that exceeding great errors and blasphemies have issued therefrom, and are sheltered thereby therefore all persons are discharged from frequent and familiar converse with persons tainted with such errors, or to import, sell, or disperse such erroneous books or papers; and it is recommended to the magistrate, to be assisting to ministers, in the execution of this act. There is a former act of Assembly, August 9. 1643, to the same purpose; and by the 10th act of Assembly 1701, the foresaid act 1647 is ratified. See § 6.

15. By the act of Assembly, August 24. 1647, for preserving order, peace, and unity in the kirk, preventing of schism, and for maintaining that respect which is due to the ministers of Jesus Christ, every member of a congregation is ordained to keep his own parish kirk, to communicate there in word and sacraments, and if any person or persons shall usually absent themselves from their own congregation, except in urgent cases, made known to, and approved by the presbytery, the ministers of those congregations whereto they resort, shall both in public by preaching, and in private admonition, shew their dislike of their withdrawing from their own minister: likeas, the minister of that congregation from which

they do withdraw, shall labour first by private admonition to reclaim them, and if that fail, they are to be cited to the session, and censured as contemners of the order of the kirk; and if the matter be not taken order with there, it is to be brought to the presbytery.

16. By the 6th act of Assembly 1708, all presbyteries and synods are strictly and peremptorily appointed to take particular notice of ministers, preachers, or others, who fall into irregularities or schismatical courses, that they duly censure them, according to the merit of their fault, even to deposition of ministers and elders.

17. The Assembly, August 4. 1641, doth charge all ministers and members of this kirk, to suppress all impiety and mocking of religious exercises, and that they eschew all meetings under the name and pretext of religious exercises, which are apt to breed error, scandal, schism, neglect of duties in particular callings, and such other evils.

18. For preventing of abuse to the kirk in general, and ministers in particular, the Assembly, by their act, August 5. 1642, doth prohibit and discharge all and every one, to pretend or use the name of ministers to any petition, declaration, or such like, without their knowledge, consent, and assistance; and the transgressors hereof are to be proceeded against, with the highest censures of the church.

19. The General Assembly enjoins all the members of this kirk to forbear the swearing, subscribing, or pressing of any new oaths or bonds, in the cause of reformation, without advice and concurrence of the kirk. See act and declaration, July 28. 1648.

20. In the General Assembly's answer, February 13. 1645, to the Assembly of Divines in England, they seem to acknowledge, that they have some practices in this church which are in themselves indifferent; for they express themselves thus: Nevertheless in other particulars we are resolved, and do agree to do as ye have desired us in your letter, that is, not to be tenacious of old customs, though lawful in themselves. But to lay them aside for the nearer uniformity with the kirk of England,

that rather than it fail on our part, we do most willingly part with such practices and customs of our own, and without the violation of any of Christ's ordinances.

21. It is no small security to the Protestant religion, and tends much to the preventing of innovations and errors, that none are capable of civil trust, but true Protestants; for they who profess not the true religion, contained in the Confession of Faith, established by the first Parliament of King James VI. may not be a judge, procurator, nor member of any court, cap. 9, Parl. 1, Jam. VI. And by cap. 5, Parl. 2, Jam. VI. this act is extended to all and whatsoever offices, without any exception, or restriction, in all time coming. And such churchmen, as will not subscribe the above-mentioned confession, are deprived: and all such as refuse to subscribe the same, are to be repute rebels and enemies to the King and his government, cap. 46, 47, Parl. 3. Jam. VI.

TITLE IV.

Of Witches and Charmers.

1. Our General Assembly, July 29. 1640, ordains all ministers carefully to take notice of charmers, witches, and all such abusers of the people, and to urge the acts of Parliament to be execute against them. By another act, August 19. 1643, ministers must be careful to instruct the people, press holiness of life upon them, and use the censure of the kirk against profane persons; moreover, let the people seek knowledge, study to believe, walk in holiness, and be instant in prayer; all which is proposed as means to prevent the growth of witchcraft ; and further, presbyteries are ordained to take under consideration by what other ways or means these sins may be tried, restrained, and condignly censured and punished, ecclesiastically and civilly. In pursuance whereof, the Assembly, August 6. 1649, for advising anent the trial and punishment of witchcraft, charming, and consulting, there is a commission granted to twenty-one ministers, for a conference in the said matter, with nine

lawyers and three physicians. And in the Assembly 1700, among the unprinted acts, you will find a committee of ministers appointed to attend the Lords of Coun cil and Justiciary concerning witchcraft, when called thereto by their Lordships. By the Assembly, August 5. 1642, presbyteries are ordained to give up to the Lords of Justiciary, the names of witches, sorcerers and charmers; and because such sins proceed often from ignorance, therefore all ministers are ordained (especially in the north where these sins are more frequent) to be diligent in preaching, catechising, and conferring, to inform their people therein. By the forecited act of Assembly 1643, they declare the occasions of witchcraft to be these especially, viz. extremity of grief, malice, passion, and desire of revenge, pinching poverty, and solicitation of other witches. They say the reasons of Satan's prevailing, are, gross ignorar.ce, infidelity, want of love to the truth, and profaneness of life. The means they propose, for bringing them to a just punishment, are, that a commission be granted to some gentlemen and magistrates, within the bounds of such presbyteries, as shall crave it, giving them power to cause apprehend, try, and execute justice upon persons guilty of such crimes. They declare the grounds for apprehending witches, to be these: A reigning report of witchcraft, backed with delations of confessing witches, being confronted with them: for it is found, that the delations of two or three confessing witches hath ordinarily proved true: as also, depositions of honest persons concerning evil deeds committed, or cures used by them, may be a ground for apprehending them. Mackenzie on this Title, says, that none should be apprehended for witches except it appear by the event of the inquisition, that they lie under many and pregnant presumptions, such as, that they are defamed by other witches, that they have been themselves of an ill fame, that they have been found charming, or that the ordinary instruments of charming be found in their houses; and it is to be remembered, that "Ad assumendas informationes, sufficiunt levia Judicia, sed gra via requiruntur ad hoc ut citetur reus et ut Judex spe

cialiter inquirat." By the foresaid act of Assembly, after they are apprehended, honest and discreet persons should be appointed to watch them, to prevent their being suborned and hardened by others, or destroying themselves; and ministers should be careful at all times, especially morning and evening, to deal with them, by prayer and conference, while they are in prison or restraint.

2. Witchcraft was crimen utriusque fori by the canon law, and with us, the kirk-session did use to inquire into it in order to the scandal, and take the confession of parties, or receive witnesses against them; but since so much weight is laid upon the depositions there emitted, they should be very cautious in their procedure. By the 78d act, Parl. 9. Queen Mary, although inferior judges may concur to the punishment of this crime, by apprehending and imprisoning the parties suspect, yet seeing the relevancy is oft times so intricate, and the procedure requires necessarily so much arbitrariness, and the punishment is so severe, upon these considerations, the cognition of that crime should be solely appropriate to the justice

court.

3. Paction to serve the Devil is certainly per se relevant, without any addition, providing they acknowledge they knew him to be the Devil. This paction is either express, performed by a formal promise given to him, then present, to serve him; or by presenting a supplication to him, or by giving the promise, to a proxy empowered by the Devil for that effect, which he indulgeth to some who dare not see himself. There is likewise a tacit расtion with the Devil, when a person useth the words or signs which sorcerers use, knowing them to be such; and this is condemned as sorcery, and is relevant to infer the crime of witchcraft. But to use these words or signs, when the user knows them not to be such, if the ignorance be probable, and the user be content to abstain, it is no such crime. Renouncing of baptism is most relevant per se to infer the crime of witchcraft. Witches use to confess, that in so doing they use this solemnity, by putting one of their hands on the crown of their head,