by the laft A&t of Affembly, 1646, a Faft is appointed on the Sabbath next except one, preceeding the then following General Affembly: Yet feeing the work to be performed on the first day of the week, is by divine inftitution already determined, we ought to fet about it exactly, which we all acknowledge to be a thanksgiving and not a faft. Extraordinary duties are not to interfere with the ordinary, nor is one duty to fhuffle out another. If either fhould be allowed, it would look fomewhat like the reverse of redeeming the time, for thereby diligence is rather diminished, than doubled in the fervice of God. Thank 9. Days of thanksgiving being intimate on the preceeding giving days Sabbath, for fome deliverance obtained, or mercy received, are wholly to be fpent in the public and private exercises of divine worship and praifes, the people are to rejoice with trembling, and to beware of all excefs in eating and drinking. And demonftrations of civil mirth, fuch as ringing of bells, fireing of guns, bone-fires, and illuminating of windows fhould not be intermixed with the religious duties of that day but as upon fafts, fo upon those days, there fhould be liberal collections for the poor, that their bowels may blefs us, and rejoice the more with us. In the 6 §. the Church was cautioned against appointing Fafts for ftrife and debate, fo I hope they shall be directed to avoid injoining of thanksgiving days from any false or unjnt ends.

how obieryed.

When col-f

lections for

the poor are

I.

BY

TITLE X.

Of Collections and Recommendations for the poor. Y the Act of Affembly 11th Auguft, 1648, Collections for the poor in time of Divine Service made. (which is practifed in fome Churches abroad) are discharged, as being a very great and unfeemly disturbance thereof. And Church Seffions are ordained to appoint fome other way for receiving thefe Collections. The method now ordinarly taken is this; The Elders or Deacons do Collect at the Church-door from the people as they enter inn, orelfe from them within the Church, immediately before pronouncing the bleffing and after divine fervice is ended.

Extraordi nary collections.

Recom

mendations

§ 2. Befide thefe ordinary Collections for the poor, there are frequently Extraordinary Collections made for charitable and pious ufes, particularly by Seffion 10, Affembly 1704, there is an Act for a voluntar contribution by way of fubfcription in each Prefbytery, for gathering from Noblemen, Gentlemen, and other charitably difpofed people, for erecting English Schools, and educating Youth in the High-lands and Ifles.

3. For preventing unneceffary begging, or impofing upon are for a de charitable people, no Church Judicatory is to give fecommenda Snite time, tions for charity to any without their own bounds, and these re

commendations, are to be only for a definite time. Assembly 1695, Seff. 17.

$ 1.

TITLE XI.

of Provision for Schools and Universities.

BY

laries for School-maf

ters are ef

Y King William's Parliament, Seff. 6. Cap. 26, it How Salis appointed that there be a School-mafter and School in every Parish, his fee not under One Hundreth merks, nor above two to be paid by the Heretors and life-renters of tablished. the Parish, who are to have relief for the half of it, off their Tennents; And that letters of horning be therefore directed at the inftance of the School-mafter, conform to the proportions due by the Heretors, laid on by the major part of them, (I fuppofe, conveened by public intimation from the Minister in the Pulpit, by order or advice of the Seffion) or failing of whom by any five commiffioners of supply, within the fhire upon the Prefbyteries application to them and the Heretors for the fallary are to be ftinted conform to their valued rent. ITEM, provifion for Schools and School-mafters are declared to be a pious ufe, to which patrons may employ vacant Stipends, at the fight of the Sheriff of the bounds. Excepting from this Act the Stipends vacant in the Synod of Argyle, because of the Act Par. William and Mary's, Seff. 2. Cap 24, in their favours. And by the 10th Act, Affembly 1699. It is Recommended to the feveral Prefbyteries, to ufe their endeavours, that Schools be erected in every Parish conform to the Acts of Parliament, and Acts of Affembly, and it is recommended to Synods to fee this obferved.

$2. By the forefaid 26 Act, and likeways by the 14 A&t of School res the fame Seffion of Parliament, the privileges granted to Minif- venues pri• ters for their Stipends, viz. That there be no fufpenfion, except vileged. on confignation, are extended to Univerfities, Schools and Holpitals, for the ingathering of their rents and debts.

See more

of this on the Title of Mortifications and Minifters Stipends.

tenance for

3. When the Directory was established, by which public The Main Reading of the Scriptures was committed to the Preachers: and School maf. fearing left the maintenance on that pretence might be withdrawn ters & Pre. from the readers. The Affembly did August 6th, 1649, require centors to the Prefbyteries, to fee, that none of the maintenance given to continue, fuch Readers, Precentors and School-mafters be taken from them, thoughthey notwithstanding that recommended alteration in the Directory. 4. A Tack or lease of teinds set by an Univerfity for a de- How far finite time, with an obligement to renew the fame in all time thereafter, was found not effectual after the definite time was ex- tacks of pired; though the fame rent was received for fome Years after, their teinds that was not fuftained as an homologation, but as a tacite reloca

read not.

Universities

may fet

Extraor

tion. VID, Stair's INSTIT. pag. 301. So that after the definite time is expired they might increafe the Tack-Duty.

5. So careful have our Sovereigns and Parliaments been for dinary the flourishing of thefe feminaries of Church and State, that for ply for Uni verfities & their provifion and bettering of their ftocks, they have fometimes Schools. upon the offer made by the Clergy, ordained Fourty Pounds, or

fix per cent, out of every Thoufaid merks of Minifters Rents, to be paid yearly for five years, Car. 2. Par. 1. Seff. 3. Cap. 24, and at other times vacant Stipends are affigned for their better Provifion for a time, Car. 2. Par. 2. Seff. 3. Cap. 20 James VII. Parliament 1. Cap. 18, they have likeways impofed a Cefs upon the kingdom for preferving of fome Univerfities, Car. 2. Par. 3. Cap. 23, now the Univerfities by gift under the great feal, do fhare liberally of the Bishops Rents, and fome of them have lucrative and eafy Tacks of certain Bishopricks, and large allowances too, even out of thefe Tack-Duties fometimes, for fallaries to new profeffions.

Local pri

I.

vileges with

ΤΙΤΙ Ε XII.

Of the Immunity and Union of Churches.

Y the Canon Law, there are certain Immunities of privileges granted within Church-walls and Churchin Church- Yards, called Local, fo as that fecular judges within that bounds Yards what can cognofce upon no civil or criminal action: Also that no inand how far corporations, councils, or fairs meet or hold there: that there be

Walls and

extended.

no University difcourfes there: that fecular affairs be not the fubject of any converfation there; Moreover that there be no feaftings there, and that these bounds be fanctuaries to the guilty flying there for refuge, and they are not to be pulled thence to punishment, unless the atrocity of the crime be fuch, as may in duce the Church to furrender them. This privilege is alfo extended to the houfes and Palaces of Bifhops. The Temple of Jerufalem was Built by God's direction, it was dedicated by man, and God's acception of it was teflified. It appears by John ii. 19, that it was an illuftrious Type of Christ's body, and by the 16 ver. we find that our Lord refented the profanation of that holy place. Yet, notwithstanding of all that, God doth fo abhore proud and malicious finners, that he commands them to be taken from his alter that they may die, Exod. xxi. 14, and Joab was flain in the Tabernacle of the Lord, 1 Kings ii. 31, but that fpecial kind of refpect which was due to that hallowed and Typical Temple, is not communicate, extended or confined to the places of worship under the New Teftament, John iv. 21. § 2. Likeways by the Canon Law, there is another Immunihow far a ty or privilege, called Perfonal, granted to the Clergy, fuch as, that they are excufed from accepting to be tutors or curators, inifters. and that none in facred orders fhall be liable to the payment

Perfonal

Immunity,

lowed to

of

public burdens. I acknowledge, Minifters ought not to be foim pofed upon as to be perplexed with fecular affairs, and far lefs fhould they ever do it of choice: And albeit the vocation of a Paftor, his commiffion and inftructions relating thereto, be all of a fpiritual nature, and of divine original, yet their perfons, eltates and behaviour, confidered in a civil capacity, are, according to fcripture and reason, fubject to the civil government. Their perfons are accounted fo facred among our people, and they judge themfelves fo fecure from that venerable impreffion, 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 ftill exeemed from attending the King's hoft, except the nation become fo miferable, that neceffity or their own fecurity oblige them: And even in that extraordinary cafe, they may, if they pleafe, only Act in the army as Minifters or Chaplains. Since the year 1689, both poll and hearth-money have been impofed upon Minifters by authority of Parliament.

In

When

are to

united.

be

3. By the Canon Law on this Title, Two Churches may be made one, when the maintenance is fo inconfiderable, that Churches Two Paftors can have no comfortable living upon them, or when & Stipends one of them is become defolate by the Sword of an enemy, or the number of parishioners fall or very much diminished. which cafe it would be for the greater good of the Church, if two fuch fmall charges were reduced into one, providing the benefice of the fmall charge, now united, be not condemned to any fecular or other use, but only applied to maintain a Pastor in a new erection, or elfe a collegue in fome numerous congregation: for two competent Stipends are not to be united, till there be no need for any new erection or augmentation in the Church.

union, or

tation of Churches.

4. If the heretors and Elders of two Church Seffions fhall When Pref agree to the uniting of fome parts or fkirts of one of the Parishes byteries to another, or to tranfplant the Church from one part of the may author. ize partial fame Parish to another part therein, for the peoples greater ease and convenience. In that cafe, the Prefbytery upon application tranfplanof the parties concerned, may, for any of these ends, interpofe their authority to their agreement, providing they find it may tend to the greater eafe and edification of the people; and providing there be ftill two diftin& Parifhes, and the quantity and quality of both Stipends preferved un diminished and unaltered. What I here propofe, is conform to the 5th Art. Cap. 7. of the French Church Difcipline in thefe words, "The colloquies and "Synods fhall deliberate of limiting the extent of places where6 in each Minifter fhall exercife his Miniftry.

What a § Church is, & by whom

1.

C

TITLE XIII.

of Churches, Church. Dikes, Manfes, Yards, Glebes, Bells, Utenfils, Ornament, Books, and High- Roads to Churches. HURCHES are public houses erected for public divine worship, and for hearing the preaching of to be Re-the word of God; They are to be repaired out of the Vacant paried. Stipend For that 18 Act, James VII. Par. 1. is never yet in fo far refcinded. And when the Vacant Stipends fail, the burden of building and repairing the Church doth lie upon the Heretors, whether refiding in the Parish or not; The majority of these that meet, muft ftint themselves for that effect, according to their rents. But if the Heretors refufe, being required thereto by the Minifter from the Kirk-Seffion; The Lords of Seffion upon a bill given in by the Minifter will grant warrant to him and his Seffion to conveen at a certain day, for trying what fum will repair the Church, and to ftent the Heretors in that fum conform to their valued rents, and to appoint a collector to uplift the fame. But before the making up of that stent-roll, the Heretors ought again to be publicly advertised to meet, and then to make the fame. If after this order is used, they fail, the Seffion then concludes, the ftent, and letters will be direct at their collectors inftance against the Heretors for paying the proportions they are ftented in, Stair's INSTIT. page 192, and A& ULT. Par.. 3. James VI.

Church

Yard dikei.

§ 2. Church-Yards are dormitories for human bodies, and Tards, and ordinarly that spot of ground within which the Church ftands. Our law allows to Church-Yards equal privileges within Churches in many things; particularly, that the raifing of tumults or frayes in time of divine fervice in Churches, or Church-Yards, is punished with lofs of moveables, Act 27. Par. 1 1. James VI. The Church-Yard is fenced with Dikes, partly for Ornament, and partly as a prefervative to the dead bodies from being diged up or violented by beafts. The only right that Minifters have to the grafs growing in the Church-Yards, is, that they may cause their Servants cut it, and hinder others from doing fo: The Heretors are obliged to repair the Church-Yard-Dikes with ftone and morter, two ells high, with fufficient ftiles and entries. And the Lords of feffion are obliged to direct letters of horning against them for that effect, Cap. 232. Par. 15. Jac. 6.

Who are

3. The Minifter at the fight of the Prefbytery, or fuch of liable to their number as they fhall appoint, with two or three discreet Build and men of the Parish, may build or repair his own Manse upon the repair man. expenfes of the Heretors and life-renters, who are respectively

fes.

liable to re-imburse him, of what he truely and profitably hath bestowed that way, unless they offered to contribute their own materials, and he refused them: fee Machenzie's obfervations on