double; whereof the half to himself, the other to the poor.

TITLE VI.

Of the Profanation of the Sabbath; of not observing Fast and Thanksgiving Days; of Withdrawers from, and Disturbers of the Public Worship, and Observers of Superstitious Days.

1. The Assembly dischargeth the breach of the Sabbath, by labouring either in seed-time or harvest, or by going of mills, salt-pans, fishing salmon, or white fish, under pain of incurring the censures of the kirk; and for preventing its profanation, they appoint both diets, fore and afternoon, to be kept even in landward for public divine service, 17th December 1638, and sess. 21. 1639. The Assembly likewise declares, that these acts made against breach of the Sabbath, shall not only reach the servants, who actually work, but also the same shall be extended against their masters and hirers, 14th August 1648. By act of Assembly, 18th June 1646, all such skippers and sailors who begin any voyage, or loose any ships, barks, or boats, out of road or harbour on the Lord's day, are to be censured. By sess. 38. 1648, elders are to take notice, how such as are within their bounds keep the kirk, and how the time is spent before and after public worship. By the 25th act of Assembly 1690, all unnecessary sailing and travelling is prohibited on the Lord's day. Item, By act of Assembly 1705, sess. 12. ministers are to contribute their endeavours for suppressing gross profaning of the Lord's day, especially idle strolling on the streets of Edinburgh, pier and shore of Leith, King's-park, &c. and that by an impartial and prudent exercise of discipline. By the 12th act of As sembly 1708, for the better observation of the Lord's day, they appoint some to be sent from each presbytery within this church to attend the Lords of Justiciary, at their circuit within their bounds, and then to represent the profanation of the Lord's day by travelling thereupon, carrying goods, driving of cattle, and other abuses;

and they seriously recommend it to the said Lords, to restrain and punish the foresaid abuses, which the Assembly will acknowledge as a singular service done to God and this church. And all ministers are injoined, to advertise their people, among whom such practices are, of the great hazard their immortal souls are thereby in; and that if they continue therein, there will be a necessity to represent them as such transgressors to the foresaid Lords. So much respect doth our law pay to the Sabbath or Lord's day, that it cannot be taken for redemption of lands, and a wood-setter cannot be obliged to attend and perform the requisites of consignation, by numeration of money, perusal of writs, and subscribing a renunciation on the Sabbath day. It is relevant to alledge, that an arrestment or horning is null, as being execute upon a Sabbath day; and poinding on the Lord's day, or on solemn days appointed by church or state for humiliation or thanksgiving, are void and punishable, see Stair's Instit. p. 336, 375, 411, and 728. And if the law did not thus order it, the conscientious observers of the Lord's day would certainly be molested, and advantage taken of them by worldly wretches, and contemners of holy things. By cap. 70. Parl. 6. James VI. gaming, playing, passing to taverns or alehouses, selling of meat and drink, and willful remaining from kirk in time of sermon or prayers, is discharged under the pain of twenty shillings, and if the offenders be unable to pay, they are to be put in the stocks or joggs. Item, By cap. 18. sess. 1. Parl. 1. Car. II. all salmon fishing, going of salt-pans, mills or kills, hireing of shearers, carrying of loads, keeping of markets, and using of merchandise on that day, and all other profanations thereof, are discharged, under the pain of twenty pounds for salt-pan, mill, or kill, and ten pounds for each other profanation, to be applied as in Title 5. §3. and that the insolvents be punish ed in their persons. By the 14th act of Parl. 1695, it is declared lawful to all burghs, not only of royalty, but of regality, barony, and villages, and kirk towns, whose weekly markets are kept on Mondays and Saturdays, to change and alter the same. And the said burghs and

villages are to make timeous intimation of the change to the next adjacent burghs, and providing they pitch not upon the market days of any burgh royal, or of any other market-town within four miles.

2. King Charles I. was prevailed on by Laud and his faction (little to his credit) to publish his declaration concerning recreations on the Lord's day after evening prayer, dated 18th October, in the 9th year of his reign, which he founds upon another of his fathers to the same purpose in the year 1618. He declares his pleasure was, that his good people should not be hindered after the end of divine service on Sundays from their lawful recreations, such as dancing, either men or women, archery, leaping, vaulting, nor from having of May-games, Whitson-ales, Morris-dances, and setting up of May-poles, or other sports therewith used, but he debars from the privilege of these sports all recusants that abstain from coming to church and divine service. How this agrees with the civil law, you may see in the end of the title De Feriis, in Justinian's Codex. "Dominicum diem ita semper honorabi lem decernimus et venerandum, ut a cunctis executionibus excusetur, nulla quenquam urgeat admonitio, nulla fide jussionis flagitetur exactio, taceat apparitio, advocatio delistecat. Sit ille dies a cognitionibus alienus, præconis horrida vox silescat, respirent a controversis litigantes. Et postea, nec hujus tamen religiosi diei otio relaxantes, obscænis quenquam patimur voluptatibus ditineri, nihil eodem die sibi vendicet scæna theatralis, aut circense certamen, aut ferarum lacrymosa spectacula; et si in nostrum natalem celebranda solemnitas inciderit differatur."

3. The non-observers of fast and thanksgiving days, may be punished as profaners of the Sabbath; I mean, at least, with the like punishment; for by the acts of Parliament 1693 and 1695, appointing fasts, the non-observers are punished more severely; and I know nothing to hinder the church from censuring such, as they do profaners of the Sabbath.

4. By cap. 27. Parl. 11. James VI. it is enacted, that troublers of the kirk, or who raise any fray therein, or in the kirkyard, in time of divine service, be punished by

loss of all their moveables. If the magistrate be present, no doubt, he may ordain the disturbers to be removed, and secured, till they find bail to answer there

for.

5. By the act of Assembly, 13th February 1645, it is unanimously ordained, that the observer of Yule-day, or other superstitious days, shall be proceeded against by kirk censures, and shall make their public repentance therefor in the face of the offended congregation. And if masters of schools or colleges grant vacancy on that day, they are to be cited to answer to the next Assembly by the ministers of the place; and no vacancy is to be granted at that or any time thereafter in compensation thereof. And scholars guilty herein, are to be corrected by their masters; but if they refuse to subject themselves to correction, or be fugitives from discipline, they are not to be received into any other school or college within the kingdom. By the 22d cap. sess. 2. Parl. King William and Queen Mary, the keeping of Yule vacancy, and all observation thereof, is discharged.

6. This church hath no anniversary feast or festival days, but doth only set apart a day or days for thanksgiving or humiliation, as emergent providences do call for. By the 1st act, Parl. 15. James VI. the 5th day of August is appointed to be a day of thanksgiving to God, for King James his preservation from the treasonable attempt of the Earl of Gowrie and his brother; but the truth of this matter being much questioned by many, it never received universal obedience, and at length turned wholly into desuetude. By Parl. 1. sess. 1. cap. 17. and Parl. 2. sess. 3. cap. 12. Car. II. the 29th day of May is appointed for the solemn commemoration of his birth and restoration; and, for that end, that it be set apart as a holy day unto the Lord. But one of the reasons why the Presbyterians did not keep this day is, because, in the act of Parliament appointing it, there is a long preface full of black aspersions upon the whole church and nation, and such reflections upon religion and the work of God, as cannot be read without horror. And they were followed with acts that destroyed the church-go

vernment, contrary to national solemn engagements, and gave a deep wound to true religion; so that however the king's restoration might otherwise have been matter of joy, yet in this respect it could not be so to any in this land that had a true regard for the interest of religion. Our Prelatists did use to observe the 30th day of January, as an humiliation day, because upon it King Charles I. was beheaded in England, by the authority and power of the usurpers and sectaries there; but though that horrid fact was still detested and abhorred, both by this church and kingdom, yet we never would observe it, because of our notour innocence in that matter. It is true, it is our duty to mourn for the sins of others, but not as our own sins, except we have had some sinful active accession thereto.

7. It is not to be reputed an observing of superstitious days, when people, in obedience to civil authority, do refrain from work thereupon, according to the 21st act, cap. 14. of the French Church Discipline.

TITLE VII.

Of slandering, and assaulting of Ministers, beating and cursing of Parents, and Injuries personal and real.

1. Raising of scandals and prejudices against ministers, being so obstructive to the success of the gospel, the Assembly, by their act August 6. 1642, doth ordain presbyteries and synods to proceed diligently against all persons that shall reproach ministers, with the censure of the kirk, even to the highest, according to the degree and quality of the scandal.

2. By the 27th act, Parl. 11. James VI. and act 7. Parl. 1. Car. I. and act 5. sess. 1. Parl. 2. Car. II. it is appointed, that who invades or puts violent hands, or offers violence to ministers, by themselves, their men, tenants, or servants, or any others of their hounding out or allowance, for whatever cause, shall be punished by tinsel of moveables, the one half to the King, and the other half to the party offended, for the violence allen

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