If the Cenfure of Leffer Excommunication be inflicted upon a Man, in a foreign Seffion, where he does not live, it is enough that upon Notice, which must always be given, the Censure be intimated in his own Parish.

If a Man be abfolved in a foreign Seffion, he must bring a Teftimo nial of his Abfolution, and cause it to be intimated in the Congregation where he lives, if the Scandal has been alfo flagrant there: Other wife Intimation to the Seffion will be fufficient.

All Perfons that think themselves, injured by a Sentence of a Kirk Seffion, may appeal to the Presbytery of the Bounds: But this must be done when Sentence is paft; the Appellant muft give in his Appeal with his Reafons to the Clerk of the Seffion, and within Ten Days to the Presbytery: If at the Time of hearing, the Appellant fails, the Arpeal ipfo facto becomes Null, and the Appellant is to be proceeded against as Contumacious by the Kirk Seffion.

If the Matter of the Appeal be of fuch a Nature as would in course of Difcipline have come to the Presbytery before it could have been finally determined, they may, to fave themselves time, fall immediately upon the Merits of the Caufe, without concerning themselves whether the Appeal be rightly made or not.

But if it is a Caufe determinable by a Kirk Seffion, and they have proceeded regularly, the Presbytery ought not to accept of the Ap peal.

If the Presbytery refufe the Appeal, and find that the Appellant was to blame to make his Appeal, they are to inflict fome Cenfure upon him as a Punishment for making that unneceffary Appeal, and to fend him back to the Kirk-Seffion, that he may abide by what they do or have done already.

If they accept the Appeal, and in the Courfe of the Procels find the Appellant cenfurable, let the Cenfure of the Original Scandal be what it will, yet he ought to be cenfured for Appealing, either before the Kirk Seffion or the Congregation he belongs to, that fo Presbyteries may not be burthened with Appeals.

But if the Presbytery finds that the Kirk-Seffion have wronged the Appellant, either by increafing the Scandal, or cenfuring without a Caufe, they are to acquit the Appellant, and to take care that his Innocence be cleared in the Place where he has been injured. But this is to be done with great Prudence, that fo whilft they clear the Innocent, they may not weaken the Authority of the Kirk-Seffion with their Congregation, if they can help it.

Upon fuch an Emergency, the Presbytery may give that Kirk-Seffion Injunctions, and private Admonitions, and may vifit their Seffion-Re gifter.

The fame Method is to be used in Appeals from Presbyteries to Synods, and from Synods to Affemblies.

An Appeal being made, the Execution of the Sentence appealed from, is to ftop till the Matter be difcufs'd by the Court appealed to, or till they throw it out.

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Cafes

Cafes of Inceft, Adultery, Relapfe in Fornication, Murder, Atheism, Idolatry, Witchcraft, Charming, Herefy, or Error publickly vented, Schifm, and fome others, though they properly begin at the KirkSeffion, yet are not determined there. But the Kirk-Seffion, if they find ground for a Procefs, perfuade the accufed Perfon to fatisfie the Church by Confeffion, which when done, they send an Extract of what they have done to the Presbytery.

If there be no Confeffion, the Kirk-Seffion are not to examine into the Merits of the Caufe till the Presbytery commands it. When by the Presbytery's Order they examine the Matter, their Examinations are to be laid before the Presbytery, who then may inflict what Censure they please.

If the Perfons accufed acknowledge their Fault, and exprefs Sorrow for their Offence before the Presbytery, they are then to determine the Cenfure, and to appoint Time and Place in which they are to profefs their Repentance, which ought to be where the Process began; that the Scandal there given may be removed: Or else they may remit them to the Seffion to receive Orders from them.

-Scandals ought to be removed in the Congregations where they have been moft flagrant. But tho' the Kirk-Seffion may be applied to for a Relaxation, yet no Abfolution ought in these Cafes to be granted, but by Advice and Order of the Presbytery.

Proceffes against Minifters begin always before their Presbyteries, and never before the Kirk-Seffion of their own Parishes.

Presbyteries are carefully to confider how Complaints arise against Minifters, and they ought not to receive any Informations, unless cither the Informer engages under his Hand to make the Libel good, on pain of being cenfured otherwife as a Slanderer, or the Publick Cry be fo great, that they are obliged to begin the Process without any particular Accufer.

When a Process is to be begun, the Presbytery are first to confider the Libel, and the Witneffes who are to prove it, then they must cite the Perfon accufed, either perfonally, or at his Dwelling-Houfe; and they are to allow him Ten Days at least to justify himself; when the Day of Tria! comes, if he appears, they are to read the Libel to him, and he is exhorted to give in his Anfwer, which the Presbytery is to difcufs. If they find Caufe to infift, they are to admonish him to glorify God by an ingenuous Confeffion. If he confeffes, and the Matter be grofs, and fuch as ought to be cenfured in another Man, let him appear never fo penitent, the Presbytery are inftantly to deprive him, and to appoint him a time in which he is publickly to profefs his Repentance before his own Congregation.

But if he abfents, he is to be cited again by his own Church when the Congregation is met, and then if he continues Contumacious and makes no relevant Excufe, he is to be holden as Confeft, and to be Depofed and Cenfured inftantly with the Leffer Excommunication. And if ftill he appears nor, the Judicatory may proceed to Greater Excommunication if they fee Caule.

If he appears and denies the Fact, the Presbytery are to examine the Witneffes, and to bear what he can object against their Depofitions. He may hear the Examination, and crofs interrogate, but with Modefty: The Reputation of the Witneffes ought alfo to be enquir'd into, and then if the Judicatory thinks the Scandal is fufficiently proved, they are to proceed to Deprivation as above,

If the Accufations relate to Practices deftructive of the Peace and Unity of the Church, or to falfe Doctrine, the Presbytery are diligently to enquire into the Understanding and Knowledge of the Witneffes: if the Errors be not grofs, and not pertinaciously adhered to, they ought mildly to endeavour to reclaim without cutting off, and if the Matter will admit of Delay, they may advife with their Synod, or the General Affembly.

When Complaints are made for many small Things, fuch as Acts of Negligence and the like put together, the Presbytery are to vifit that Parish Presbyterially, and there enquire whether any of these Things were committed before their laft Vifitation, and if they were, whe ther Information was then made of them, and if no Information was then made, why it was made now? But if the Offences were committed fince the laft Vifitation, then the Presbytery is to enquire whe ther the Minifter has been acquainted with them, and whether he has given Offence that way, fince he knew Offence had been taken. They fhould enquire alfo, whether any Neighbour Minifters had been pru dently and privately informed of thefe Offences before they came to be fo many and fo publick, and they are to judge accordingly.

If upon Trial it be found that thefe Offences have proceeded from Infirmity or Paffion, they are with all poffible Circumfpection to endeavour to fatisfic and reclaim both Minifter and People, and do away the Offence.

When a Minister is depofed, the Sentence ought to be intimated in the Congregation, and the Church declared vacant, and they ought to put another Minifter into it forthwith, it being almoft impoffible that he fhould do any good there for the Future. Nor is he again to be reftored to the Exercise of his Miniftry, till he has given full and long Proofs of the Sincerity of his Repentance.

The laft Sentence which the Church inflicts upon the most obftinate Offenders, is the Greater Excommunication: That is, the Expulfion of the Offender from the Communion of the Faithful, a debarring of him. from all the Privileges of Church Membership, and in the Words of the Apoftle, a Delivery of him over to Satan.

This Sentence is ordinarily executed upon none but those that obftinately continue in manifeft Contumacy, unless where the Scandal is notorious and horrible, and that to fhew the Churches Abhorrence of fuch Wickedness.

In ordinary Cafes the leffer Excommunication only is inflicted, and then before the Kirk Seffion executes it, they lay a full Account of the Caufe in Writing before the Presbytery, that they may be thoroughly apprized of the whole Matter. If the Presbytery finds that

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Part II. the Kirk-Seffion has proceeded regularly, and that the leffer Excommu nication is not fufficient, they cite the fcandalous Perfon by their own Officer. If he appears and denies the Accufation, they examine Wit nefles as in other Cafes. If he appears not, and contemns the Citation, they order him to be cited three times, and after that, another time out of the Pulpit, and Intimation is made that the Judicatory will procced and enquire into the Cause, even though the Delinquent be abfent.

When this is done, the Minifter of the Parish where the fcanda lous Perfon lives, does by the Presbytery's Order acquaint the Congregation with the Steps which the Kirk-Seffion and the Presbytery have taken in that Affair, and with the Offender's Contumacy; and (if prefent) the Minifter admonishes him to repent and fubmit to the Church Difcipline, threatning him otherwife with Excommunication. This Admonition is to be repeated three times, and the Presbytery are to meet between every Admonition. If he ftill continues obftinate, the Presbytery commands publick Prayers to be put up for him three feveral Sabbath-Days, the Presbytery alfo meeting between each publick Prayer, both to fhew their Tendernefs towards their lapfed Bro ther, and to strike a Terror of this dreadful Sentence into the People.

If then after all this the Offender continues ftill Impenitent, the Presbytery paffes Sentence, and commands the Minifter to publish it upon fome Sunday which they fhall name. When the Day comes, the Minifter either in a Sermon on purpose, or after Sermon, acquaints the People with the whole Procefs, and defires 'em to join with him in Prayer, that God would blefs his own Ordinance for their Edification, and for the Reclaiming the obftinate Sinner. He then with great Gravity and Authority, pronounces the Cenfure in the Name and by the Power of our Lord and Mafter Jefus Christ. But if any time before the Sentence paffes, the Offender expreffes Signs of Repentance, the Minifter may delay to pronounce Sentence, and lay this Matter before the Presbytery, who may proceed farther as they shall fee Caufe.

Sentence being pafs'd, the People are exhorted not to hold unneceffary Communication with this Man, tho' Excommunication diffolves no civil or natural Rights, nor does it exempt from the Duties belonging to them.

If when all this is done, it be found ineffectual for the Purposes thereby intended, the Civil Magiftrate ought to be defired to use his Coercive Power to suppress all fuch Offences, and to vindicate the Dif cipline of the Church from Contempt.

The end of Church Cenfures being the Repentance of the Sinner, if he fhews real Signs of godly Sorrow, and if upon Application to the Presbytery firft made, they give a Warrant for his Abfolution, he is to be brought before the Congregation, and there confefs his Sin, and exprefs his Sorrow for it. This is to be repeated as often as the Presbytery and Kirk Seffion fhall judge convenient. When the Congregation is thus fatisfied of his Repentance, the Minifter is in a Prayer with

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the Congregation, to defire our Lord Jefus Chrift, who has inftitured the Ordinance of Excommunication, i. e, of binding and loofing the Sins of Men upon Earth, with a Promise of Ratifying above, the rightful Sentence that fhall be pafs'd here below, to accept of this Man's Repentance, to forgive his former Difobedience, and to affift him with his Spirit, that he may never again relapse into the like Offences. And then Prayer being ended, he pronounces the Sentence of Abfolution, by which he wholly takes off the former Sentence, and receives him into the Communion of the Church, and the free Use of all the Ordinances of Chrift. Sentence being paft, the Minifter exhorts him as a Brother to Perfeverance in his godly Refolution, the Elders embrace him, and the Congregation thence forward communicate with him as a Member of their own Body; and where-ever the Sentence of Excommunication had been published, the Sentence of Abfolution is also expreДy intimated.

In all Matters of Church Difcipline, there never is One Penny of Fee or Reward, required or taken. Citations, Examination, Cenfures, and Abfolutions, are never Expenfive in the leaft to the Delinquent, nor have any Members of any Ecclefiaftical Judicatory in Scotland, any Manner of Gain thereby. Nor is there any Civil Penalty incurr'd by being Cenfured by the Church, all the fevere Laws against Excommunicated Perfons, formerly in force, having been repealed fince the Happy Revolution.

2Burials.] The Church of Scotland ufes neither Funeral Sermons, or any Publick Prayers at the Burial of their Dead,

CHAP. IV.

Of the Civil Government of Scotland, and firft of the Great Officers of State and the Crown, as they stood before, and fince the late Happy Union.

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HE Ancient Kingdom of Scotland being Govern'd by Kings; upon the Death, Abdication, or Incapacity of any of them, there was always an extraordinary Meeting of the three Eftates, called a Convention, who appointed Governors during the Inter-Regnum, and proclaimed the next King: They had no Power to make Laws, but only to lay Impofitions upon the Subjects for fome Exigencies. A King being once thus Proclaimed, by virtue of his Office inherent in the Crown, tho' he wanted the Ceremony or Solemnity of Coronati on, named all the greater and leffer Officers of State, appointed the Judges of all Sovereign and Inferior Courts and Jurifdictions; and granted Commiffions to the Officers of the Crown, and of the Army; to the Lyon Herald; the Governors of Forts, and all other Inferior Officers, Civil and Military.

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