agree with such circumstantiate sins, whereof they know such persons to be guilty. In which case, the reproof is to be regarded as coming from the word of God but if there must be a plain deviation from the text, before the preacher can get that sin then reproved, in that case it looks somewhat like a design, and cannot but be feared it may want its due authority. Now a minister may easily prevent this, if he shall but choose those texts which point, without any violence, against such sins.

12. At the offender's first appearance, he is to acknowledge himself guilty of the sin for which he is to be rebuked. Again, he should edifyingly declare his sorrow for it before absolution, that the congregation may the more cordially re-admit him into their communion. But much or oft speaking is to be demanded or allowed, as it may be found most edifying: yet all recantations of errors are always to be made explicitly. A public rebuke ought to be so managed, that there be no ground given for constructing it a penance, punishment, or mark of reproach, but the minister is to carry therein, as one much affected and afflicted with the sin: he is to behave authoritatively, having words fitted for edifying the congregation, and humbling of the offender. And that the authority and solemnity of the rebuke may have the deeper impression on all, it were fit that God were addressed in reference thereto, either before or after the rebuke.

13. Matters may fall under the cognition of church judicatures several ways; as, first, by accusation, when a party formally appeareth, as an accuser, and is content inscribere in crimen, that is, to bind himself to underly the same censure, (he not proving the accusation) which the defender would have merited had the libel been proven. If, upon trial, there be found any presumptions of guilt, or, if it appear that there was a fama clamosa for what is libelled, the pursuer in that case ought not to be repute a calumnious accuser, even though he succumb in his probation. No infamous person can be admitted an accuser. Infamy, by Matthæus de Criminibus, is defined, "Ignominia seu existimationis læsio, quæ quis

virorum honestorum numero eximitur." Neither are such as are contemners of church authority, or who have been in former pursuits rash and calumnious, to be admitted accusers. A formal accuser is not necessary when the offence is public. If a party cited, either upon accusation, or order of the judicature, be found innocent and acquitted, those who inform them thereof, whether the party require it or not, ought to be noticed, either for their calumny or impudence, as they shall find cause, act 11. Assembly 1707, cap. 2. sect. 8.

14. An accusation, though unduly given, should have this effect, as to prompt the judicatory to enquire and search into the truth of the things represented; this gives no allowance to search and pry into faults ex levibus conjecturis; but the warrant for it should be founded upon fama publica, clamosa, et frequens. A delation is a verbal information or intimation made against some persons, for faults and offences, unto the members of a church judicature. By the canon law, an informer or delator doth differ from an accuser in this, that he is not obliged inscribere in crimen; neither incurs he any penalty although the information be not proven; and by the 11th act, Assembly 1707, cap. 2. sect. 10. the informer may be a witness, except in the case of pregnant presumptions of malice against the person accused, or where he formerly complained for his own interest. Many times offences and scandals are discovered to church judicatures, by the exceptions or objections proponed by parties against each other; I confess, there useth to be too much liberty taken for recriminations in processes, which at any other time were more inexcusable.

15. When persons guilty of uncleanness live in different parishes, the process and censures against them are to be before that session where the woman liveth, or where the scandal is most notour. If the uncleanness be committed where neither party resides, as perhaps in the fields, or in time of fairs or markets, in these cases, they are to be processed and censured where their ordinary abode is, except the place of their abode be at a considerable distance from the place where the sin was

committed, and the scandal be most flagrant where it was committed. The session, where the sin is to be tried and censured, is to acquaint the other session where any of the parties reside, who are, ex debito, to cause summon them to compear before that session where the scandal is to be tried. Church sessions are not to enter upon processes for uncleanness, where there is not a child in the case, unless the scandal be very flagrant. For, upon the one hand, many of these actions, which give occasion to the raising the scandal of uncleanness, are such as are not themselves alone publicly censurable, but are to be past by with a private rebuke; yet, on the other hand, some of these actions, which come under the name of scandalous behaviour, may be so lascivious and obscene, and clothed with such circumstances, as may be as offensive and censurable as the act of uncleanness itself, act 11. cap. 4. Assembly 1707.

TITLE II.

Of the Transaction, and Prescription of Scandals.

1. Though a party who commenced a process of scandal, doth disclaim or renounce the same, yet the church may proceed; for transactions between parties cannot take away the church's interest in removing offences; yea, even though a party hath been dismissed for a time, through want of probation, if it shall afterwards emerge, the process may thereupon be wakened.

2. By the 11th act, Assembly 1707, cap. 1. sect. 4. the several judicatures of this church ought to take timeous notice of all scandals: but it is judged, that if a scandal shall happen not to be noticed in order to censure, for the space of five years, it should not be again revived, so as to enter in a process thereanent, (unless it be of a very heinous nature, or become again flagrant ;) but the consciences of such persons ought to be seriously dealt with in private, to bring them to a sense of their sin and duty. And for the same reason, persons who have resided in parishes, for the space foresaid, should

not ordinarily be challenged for want of testimonials. When nothing hath been objected by the members of presbyteries or sessions, against any of the ministers or elders, at the privy censures of these respective judicatures, the members thereafter ought not to be heard, in their accusations against one another, for any thing that was committed before the last privy censure. And neither should the people be heard in their accusations against any of their ministers or elders, or any of the ministers or elders against one another, for any thing that was committed prior to the last presbyterial visitation of the parish; because then it was the season, and hour of cause, to have propalled it, if private methods had not succeeded for removing the same; and the insisting, after such an omission, is rendered most suspicious, unless satisfying reasons be given for it. See cap. 7. sect. 9. of the forecited act of Assembly,

TITLE III.

Of Libels, Probation, and Citation.

1. A libel is a law syllogism, consisting of the proposition or relevancy, which is founded upon the laws of God, or some ecclesiastical constitution agreeable thereto, as, whosoever is absent from public divine service on the Lord's day, ought to be censured. The second part consists of the subsumption or probation, which condescends on matter of fact, viz. but such a person did, upon such or such a Lord's day, absent unnecessarily from the public worship of God. The third part consists of the conclusion or sentence, which contains a desire, that the profaner of the Lord's day, according to the laws and customs mentioned in the first part, may censured.

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2. By cap. 2. sec. 7. act 11. Assembly 1707, the moderator is to inform the offender appearing, of the occasion of his being called, and to give him, if desired, a short note thereof in writing, with the names of the witnesses that are to be made use of against him, that so he

may be prepared to defend himself, which is agreeable to the common principles of justice and equity. The libel must condescend on time and place, when and where the facts and offences libelled were committed, that so the offender may not be precluded from proving himself to have been absent, and so impossible for him to have done such a deed, or so offended, at the time and place libelled.

3. The relevancy of the libel is the justness of the proposition, whether the matter of fact subsumed be proven or not; and therefore, if the thing offered to probation be obviously irrelevant and frivolous, it ought to be rejected and not admitted to proof. For nothing is to be admitted by any church judicature as the ground of a process for censure, but what hath been declared censurable by the word of God, or some act or universal custom of this church agreeable thereto, as said in cap. 1. sect. 4, forecited act. Although one article of the libel, per se, be not relevant, yet if three or four articles conjunctim be relevant, the same may be admitted to probation. The relevancy of a libel is so much to be regarded, that, I think, it is unlawful for any to be either witnesses or members of inquest upon irrelevant libels. What? Is not this to be a witness against thy neighbour without cause," Prov. xxiv. 28. It was a truth that Abimelech the priest gave hallowed bread, and the sword of Goliah to David; yet it was a bloody sin for Doeg the Edomite, to inform the wicked King against the Lord's Priest, 1 Sam. xxi and xxii. It was a presbyte rian minister's duty to preach the Gospel under the late persecution, secretly and cautiously, to honest hearers at their desire; yet it would have been a Doeg-like sin, to have witnessed the truth in that matter before our then judges, seeing by the 8th act of Parl. 1685, it was death for such, even to preach in houses. What is here said against such witness-bearing, strikes with as much force against the members of inquests finding such irrelevant libels proven; for though it was both true, what the one witnessed, and the other found, yet I would be afraid, if I were in their case, that before God I should be con