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27. Who are the proper electors of commissioners from ELIZAevery shire to vote in the general assembly?

28. What number of persons is necessary for completing a general assembly? And how many of that number are to be pastors ?

29. May any decree pass in the general assembly without his majesty's consent?

30. Are two-thirds of the members necessary to the validity of a judicial sentence, to prevent the inconvenience of a slender majority ?

31. Has not every ecclesiastical court subordinate to the general assembly, a limited precinct, beyond which they have no authority, either for citation or jurisdiction?

32. Which is the ordinary ecclesiastical court for taking cognizance of his majesty's household and council, considering this family is ambulatory, and removes with his majesty to any part of the realm?

33. Should there be libelled præcepts, containing the cause of the citation and certification of the censures before all ecclesiastic judgments? Or should they answer super inquirendis ?

34. Have inferior courts authority to summon any to compeir before the superior! Or ought people to be summoned only by that court where they are bound to make their appearance ?

35. Are not private admonitions, with reasonable distances of time, to go before all manner of citations ?

36. What intervals are necessary between every private admonition, between the first citation, and the day for appearance between the citation and the last admonition? And whether are these distances of time to be the same in


ecclesiastical court? or what is to be the difference ?

37. How many citations disregarded amount to contumacy?

38. Is single contumacy, without the proof of a crime, a sufficient ground for excommunication? Or does any crime abstracted from contumacy deserve such a censure ?

39. Are there not different kinds of spiritual censures ; such as “ Prohibitio privati convictus,” or forbearing close correspondence, private forbidding the person coming to the holy eucharist; and, lastly, a public delivering him over to Satan?

40. Are the presbyteries judges of every thing that implies

WHIT- slander? And if so, does not the next consequence make them Abp. Cant. judges in almost all causes whatsoever?

41. Are thieves, murderers, usurers, and people that do not pay their debts, to be excommunicated ? If so, why is not this spiritual curse discharged against the highland and border thieves? Why are not tradesmen and usurers, that forswear themselves, put under this censure ?

42. Must there be any appeal from a lower to a higher court? If there is, ought not the sentence to be suspended, hanging the appeal ?

43. Should not copies of all processes and acts of court be transcribed for the parties concerned ?

44. Is summary excommunication, without admonition and 656. citation, warrantable in any case?

45. Have any others, excepting pastors, a vote to excommunicate?

46. Has every ecclesiastical consistory the same power for excommunication ?

47. Is it lawful to excommunicate those Papists who never professed our religion?

48. Is an orthodox and uncensured person obliged not to cohabit with his wife when excommunicated ?

49. Is it not reasonable, that, before any letters of horning are granted by the lords of the session upon process of excommunication, the party or criminal should be cited to hear them granted? The reason is, because, if any exceptions could be urged against the Church censure, the horning or outlawry might be stopped ?

50. Has not a Christian king power to reverse a notoriously unjust sentence of excommunication ?

51. May any council, society, or university, be excommunicated ?-for what cause, by whom, and in what manner ?

52. When the pastors fail in their duty, or when one spiritual jurisdiction encroaches upon another, or when any other failure or breach happens in the Church, is it not within the authority of a Christian king to rectify such disorders ?

53. May public fasts be proclaimed in a Christian kingdom without the sovereign's command ?


| Letters of horning are warrants for charging persons in Scotland to pay or perform certain debts or duties, probably so termed from being originally proclaimed by the horn or trumpet.


54. May any ecclesiastical consistory force a man to swear ELIZAin suam turpitudinem ; that is, swear to discover such things as must of necessity stick a blemish upon his character ?

55. Are ecclesiastical courts to take cognizance of anything to the prejudice of property and civil jurisdiction ? And is it lawful for the secular magistrate to supersede all such pro- Spotswood's ceedings

Ch. Hist.

p. 434.

the ministers

The Presbyterian ministers were not a little embarrassed with these queries: for most of them supposed abuses in the discipline, and were plainly levelled against them. Now, to find the Church government mooted, which had been all along pretended no less than part of the Gospel, was a severe mortification. To prevent the progress of this controversy, or any unserviceable impressions upon the people, all imaginable precaution was used, and several private consultations held for this purpose. The king, on the other side, was not negligent to make an interest with the members of the assembly; and, being informed the ministers in the north parts were most likely to be gained, he despatched sir Patrick Murray, a gen- The king's tleman of his privy-chamber, to that quarter. Sir Patrick message to moved their publishing an abhorrence of the late treasonable in the North. practices at Edinburgh. He was likewise, amongst other things, to insist on their signing an instrument, recognizing his majesty's supreme authority for trying all treasons, seditions, and other civil and criminal matters ; and for calling ministers to an account for all discourses, delivered in pulpits, schools, or elsewhere, which implied any of the aforesaid crimes.

The northern ministers replied, “ that, as to the tumult at Edinburgh, they were unacquainted with what share the townministers might have in it; and, pot being within their jurisdiction, they had no authority to censure them. But, in general, they made no scruple to say, that whoever was found guilty of that insurrection ought to suffer as traitors; and, if they were ministers, they deserved to be doubly punished.”

When the general assembly met, the king's commissioners A general laid the following articles before them, letting them know that assembly at his majesty was contented to refer the decision of the greatest part of the questions to a farther opportunity, and would

WHIT- be satisfied with an affirmative resolution in the following

Abp. Cant. points :-

The articles

1. That it is not unlawful, either for prince or pastors, by the king. to propose reformation in the external government and disci

pline of the Church, provided it is in things not essential to salvation, nor expressly determined in Scripture.

2. That, since the civil administration belongs properly to the king and council, and is by no means included in the function of an ecclesiastic, for this reason no ministers should meddle with state matters in the pulpit, or quarrel with the constitution; but if any part of the government seems to bear hard upon religion, they should make their complaint to the king and council.

3. That no ministers shall take the liberty to name people in the pulpit, or paint them out in an equivocal description, unless the crimes happen to be notorious ; and that the proofs allowed to make a crime notorious, must be either the persons flying from justice, or the verdict of a jury, or excommunication.

4. That every minister shall be obliged to confine his application to the edification of his own parishioners, and not to run out into reflections in which they are no ways concerned.

5. That every presbytery be commanded to examine the doctrine of their ministers, and take care to keep themselves within their bounds.

6. Summary excommunications were never to be used ; and that three lawful citations, of eight days' interval betwixt each of them, should precede the sentence.

7. That no session, presbytery, or synod, should exert censures upon any persons out of their precinct; and that, in case they stretched their jurisdiction farther, their proceedings should be of none effect.

8. That all summonses should assign particular reasons and crimes, and not run generally super inquirendis, quod est mere tyrannicum.

9. That the ministers should hold no meetings without his majesty's knowledge and consent, excepting parochial sessions, presbyteries, and synods.

10. That no ministers should be settled in the principal boroughs, without the consent of his majesty and the congre



gation; and that this order should immediately take place at ELIZAEdinburgh.

11. That the rest of his majesty's questions may sleep and lie uncensured till the next general assembly; and that the Church consistories take cognizance of no causes but purely such as are ecclesiastical.

12. That seven or eight discreet ministers may be commissionated to argue upon the remaining questions when opportu- 657. nity shall serve.

Some of these articles being demurred to at first, the king required the assembly to attend him at the convention of the estates. And here his majesty, making a speech, told them, amongst other things, that he claimed nothing more than what belongs to every Christian king,—that is, to be “ custos et vindex disciplino, to guard the canons, and provide for the execution of discipline.” In the close, he desired to hear what reasons they had to urge against the twelve articles.

Upon this, Mr. Thomas Buchanan, pursuant to his commis- The Church's sion, made his protest in the name of the assembly, “ That protestation. their coming thither was only in obedience to his majesty, and to hear what was propounded: it was not to submit the business of the Church, either with respect to doctrine or discipline, to the cognizance of the estates, or to incorporate themselves with that secular body; and, therefore, he desired they might have leave to return to the place of their assembly, and there debate and determine upon the points in question, and, that their resolutions might be governed by the Word of God and a good conscience,"

This protestation being admitted, Buchanan returned his majesty thanks for his affection to the Church, and the care he expressed for redressing things amiss in so gentle and condescending a manner. After this, offering the assembly's exceptions to the articles proposed, he added, they were ready to be farther instructed. This compliance brought on a new conference, which ended in the following agreement :

1. That it is lawful for his majesty, by himself or his com- Sereral armissioners, and likewise to the pastors, to propose in a general

ticles agreed, assembly what questions they desire should be resolved, or what things they would have reformed in the external government of the Church.

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