Sixth, The aforesaid Act of King William and Queen Mary (1690, c. 5), -on the narrative that their Majesties and the estates of Parliament conceived "it to be their bounden duty, after the great deliverance that God hath lately wrought for this Church and kingdom, in the first place, to settle and secure therein the true Protestant religion, according to the truth of God's Word, as it hath of a long time been professed within this land; as also, the government of Christ's Church within this nation, agreeable to the Word of God, and most conducive to true piety and godliness, and the establishing of peace and tranquillity within this realm,"-besides ratifying and establishing as aforesaid the Confession of Faith, did also establish, ratify, and confirm the Presbyterian Church government and discipline; that is to say, the government of the Church by KirkSessions, Presbyteries, Provincial Synods, and General Assemblies, ratified and established by the 116 Act of James VI., Parliament 12, anno 1592, entituled, 'Ratification of the liberty of the true Kirk,' &c. (1592, c. 116), and thereafter received by the general consent of this nation, to be the only government of Christ's Church within this kingdom;" and revived and confirmed the said Act of King James VI.

AND WHEREAS, not only was the exclusive and ultimate jurisdiction of the Church Courts, in the government of the Church, and especially in the particular matters, spiritual and ecclesiastical, above mentioned, recognized, ratified, and confirmed thus necessarily implying the denial of power on the part of any secular tribunal, holding its authority from the Sovereign, to review the sentence of the Church Courts in regard to such matters, or coerce them in the exercise of such jurisdiction; but all such power, and all claim on the part of the Sovereign to be considered supreme governor over the subjects of this kingdom of Scotland in causes ecclesiastical and spiritual, as he is in causes civil and temporal, was, after a long-continued struggle, finally and expressly repudiated and cast out of the constitution of Scotland, as inconsistent with the Presbyterian Church government established at the Revolution, and thereafter unalterably secured by the Treaty of Union with England; by the constitution of which latter kingdom, differing in this respect from that of Scotland, the Sovereign is recognized to be supreme governor, as well in all spiritual and ecclesiastical things and causes as temporal:" Thus:

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First, The General Assembly having, in the year 1582, proceeded to inflict the censures of the Church upon Robert Montgomery, minister of Stirling, for seeking to force himself, under a presentation from the King, into the archbishopric of Glasgow, contrary to an act of the General Assembly discharging the office of Prelatic bishop in the Church, and for appealing to the secular tribunals against the infliction of Church censures by the Church Courts, and seeking to have these suspended and interdicted-and having deposed and excommunicated him, notwithstanding of an interdict pronounced by the Privy Council of Scotland, the then supreme secular court of the kingdom-and having at the same time declared it to be part of the subsisting discipline of the Church, that any ministers thereof who "should seek any way by the civil power to exempt and with. draw themselves from the jurisdiction of the Kirk, or procure, obtain, or use any letters or charges, &c., to impair, hurt, or stay the said jurisdiction, discipline, &c., or to make any appellation from the General Assembly to stop the discipline or order of the ecclesiastical policy or jurisdiction granted by God's Word to the officebearers within the said Kirk," were liable to the highest censures

of the Church; although their sentence of excommunication was declared by one of the Acts of Parliament of the year 1584, commonly called the "Black Acts," to be void, yet ultimately the King and Privy Council abandoned their interference. Montgomery submitted to the Church Courts, and the statute of the twelfth Parliament of King James VI., already mentioned (1592, c. 116), cassed and annulled "all and whatsoever acts, laws, and statutes made at any time before the day and date thereof, against the liberty of the true Kirk, jurisdiction and discipline thereof, as the same is used and exercised within this realm;" since which enactment, no similar interference with the discipline and censures of the Church was ever attempted till the year 1841. Second, It having been declared by another of the "Black Acts" aforesaid (1584, c. 129), entituled, "An Act confirming the King's Majesty's royal power over all the estates and subjects within this realm," that "his highness, his heirs and successors, by themselves and their councils, are, and in time to come shall be, judges competent to all persons his Highness' subjects, of whatsoever estate, degree, function, or condition that ever they be of, spiritual or temporal, in all matters wherein they or any of them shall be apprehended, summoned, or charged to answer to such things as shall be inquired of them by our sovereign lord and his council," it was, by the said before mentioned Act of the twelfth Parliament of King James VI. (1592, c. 116), declared that the said Act last above mentioned "shall noways be prejudicial, nor derogate any thing to the privilege that God has given to the spiritual office-bearers of the Kirk, concerning heads of religion, matters of heresy, excommunication, collation or deprivation of ministers, or any such like essential censures, specially grounded and having warrant of the Word of God.' Third, It having been enacted, on the establishment of Prelacy in 1612 (1612, c. 1), that every minister, at his admission, should swear obedience to the Sovereign as "the only lawful supreme governor of this realm, as well in matters spiritual and ecclesiastical as in things temporal," the enactment to this effect was repealed on the restoration of Presbyterian Church government (1640, c. 7.) Fourth, A like acknowledgment, that the Sovereign was the only supreme governor of this kingdom over all persons and in all causes (1661, c. 11), having been, on the second establishment of Prelacy consequent on the restoration of King Charles II., required as part of the ordinary oath of allegiance, and having been also inserted into the "Test Oath" (1681, c. 6), so tyrannically attempted to be forced on the subjects of this realm during the reigns of Charles II. and James II., and the same doctrine of the King's supremacy in all causes, spiritual and ecclesiastical, as well as temporal and civil, having farther been separately and specially declared by the first Act of the second Parliament of the said King Charles II. (1669, c. 1), entituled, Act asserting his Majesty's supremacy over all persons and in all causes ecclesiastical," whereby it was "enacted, asserted, and declared, that his Majesty hath the supreme authority and supremacy over all persons, and in all causes ecclesiastical, within this kingdom" (Estates, 1689, c. 18),-the Estates of this kingdom, at the era of the Revolution, did set forth, as the second article of the "Grievances" of which they demanded redress under their "Claim of Right," "That the first Act of Parliament 1669 is inconsistent with the establishment of Church government now desired, and ought to be abrogated."

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Fifth, In compliance with this claim, an Act was immediately thereafter passed (1690, c. 1), of which the tenor follows:-"Our Sovereign Lord and Lady the King and Queen's Majesties, taking into their consideration that, by the second article of the Grievances presented to their Majesties by the Estates of this kingdom, it is declared, that the first Act of the second Parliament of King Charles the Second,

entituled, 'Act asserting his Majesty's supremacy over all persons and in all causes ecclesiastical,' is inconsistent with the establishment of the Church government now desired, and ought to be abrogated: Therefore their Majesties, with advice and consent of the estates of Parliament, do hereby abrogate, rescind, and annul the foresaid Act, and declares the same, in the whole heads, articles, and clauses thereof, to be of no force or effect in all time coming.' In accordance also therewith, the oath of allegiance above mentioned, requiring an acknowledgment of the King's sovereignty "in all causes (1689, c. 2), was done away, and that substituted which is now in use, simply requiring a promise to be "faithful, and bear true allegiance" to the Sovereign; and all preceding laws and Acts of Parliament were rescinded, "in so far as they impose any other oaths of allegiance and supremacy, declarations and tests, excepting the oath de fideli.” By the which enactments, any claim on the part of the Sovereigns of Scotland to be supreme rulers in spiritual and ecclesiastical, as well as in temporal and civil causes, or to possess any power, by themselves or their judges holding commission from them, to exercise jurisdiction in matters or causes spiritual and ecclesiastical, was repudiated and excluded from the constitution, as inconsistent with the Presbyterian Church government then established, and secured under the statutes then and subsequently passed, "to continue, without any alteration, to the people of this land, in all succeeding generations" (1706, c. 6.)

AND WHEREAS, diverse civil rights and privileges were, by various statutes of the Parliament of Scotland, prior to the Union with England, secured to this Church, and certain civil consequences attached to the sentences of the Courts thereof, which were farther directed to be aided and made effectual by all magistrates, judges, and officers of the law; and in particular:—

It was, by an Act of the twelfth Parliament of King James VI. (1592, c. 117), enacted, "That all and whatsoever sentences of deprivation, either pronounced already, or that happens to be pronounced hereafter by the Presbytery, Synodal or General Assemblies, against any parson or vicar within their jurisdiction, provided since his Highness' coronation, is, and shall be repute in all judgments, a just cause to seclude the person before provided, and then deprived, from all profits, commodities, rents, and duties of the said parsonage and vicarage, or benefice of cure; and that either by way of action, exception, or reply; and that the said sentence of deprivation shall be a sufficient cause to make the said benefice to vaike thereby:"

As also, by the fifth Act of the first Parliament of King William and Queen Mary (1690, c. 5), it was enacted, "that whatsoever minister, being convened before the said general meeting, and representatives of the Presbyterian ministers or elders, or the visitors to be appointed by them, shall either prove contumacious for not appearing, or be found guilty, and shall be therefor censured, whether by suspension or deposition, they shall, ipso facto, be suspended from or deprived of their stipends and benefices:"

"Act

As also, by an Act passed in the fourth session of the first Parliament of King William and Queen Mary (1693, c. 22), entituled an for settling the peace and quiet of the Church," it was provided, that no minister should be admitted, unless he owned the Presbyterian Church government, as settled by the last recited Act, "to be the only government of this Church;" "and that he will submit thereto, and concur therewith, and never endeavour, directly or indirectly, the prejudice or subversion thereof;" and it was

statute or ordained, "that the lords of their Majesties' Privy Council, and all other magistrates, judges, and officers of justice, give all due assistance for making the sentences and censures of the Church, and judicatories thereof, to be obeyed, or otherwise effectual as accords:" As also, by an Act passed in the fifth session of the foresaid Parliament (1695, c. 22), entituled an "Act against intruding into churches without a legal call and admission thereto," on the narrative, "that ministers and preachers, their intruding themselves into vacant churches, possessing of manses and benefices, and exercising any part of the ministerial function in parishes, without a legal call and admission to the said churches, is an high contempt of the law, and of a dangerous consequence, tending to perpetual schism;" such intrusion, without an orderly call from the heritors and elders -the right of presentation by patrons being at this time abolished -and legal admission from the Presbytery," was prohibited under certain penalties; and the lords of the Privy Council were recommended to remove all who had so intruded, and "to take some effectual course for stopping and hindering those ministers who are, or shall be hereafter deposed by the judicatories of the present Established Church, from preaching or exercising any act of their ministerial function, which" (the said statute declares) "they cannot do after they are deposed, without a high contempt of the authority of the Church, and of the laws of the kingdom establishing the same.'

AND WHEREAS, at the Union between the two kingdoms, the Parliament of Scotland, being determined that the "true Protestant religion," as then professed, "with the worship, discipline, and government of this Church, should be effectually and unalterably secured," did, in their Act appointing commissioners to treat with commissioners from the Parliament of England (1705, c. 4), as to an union of the kingdoms, provide "That the said commissioners shall not treat of or concerning any alteration of the worship, discipline, and government of the Church of this kingdom, as now by law established;" and did, by another Act, commonly called the Act of Security (1706, c. 6), and entituled, "Act for securing the Protestant religion and Presbyterian Church government," ""establish and confirm the said true Protestant religion, and the worship, discipline, and government of this Church, to continue without any alteration to the people of this land in all succeeding generations ;" and did "for ever confirm the fifth Act of the first Parliament of King William and Queen Mary (1690, c. 5), entituled, " Act ratifying the Confession of Faith, and settling Presbyterian Church government, and the whole other Acts of Parliament relating thereto;" and did "expressly provide and declare, That the foresaid true Protestant religion, contained in the abovementioned Confession of Faith, with the form and purity of worship presently in use within this Church, and its Presbyterian Church government and discipline, that is to say, the government of the Church by Kirk-Sessions, Presbyteries, Provincial Synods, and General Assemblies, all established by the foresaid Acts of Parliament, pursuant to the Claim of Right, shall remain and continue unalterable; and that the said Presbyterian government shall be the only government of the Church within the kingdom of Scotland:" And farther, "for the greater security of the same," did, inter alia, enact, "That, after the

decease of her present Majesty, the sovereign succeeding to her in the royal government of the kingdom of Great Britain, shall, in all time coming, at his or her accession to the crown, swear and subscribe, That they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion, with the government, worship, discipline, rights, and privileges of this Church, as above established by the laws of this kingdom, in prosecution of the Claim of Right;" which said Act of Security, "with the establishment therein contained," it was specially thereby enacted, "should be held and observed in all time coming as a fundamental and essential condition of any treaty or union to be concluded betwixt the two kingdoms, without any alteration thereof, or derogation thereto, in any sort, for ever:" It being farther thereby provided, that "the said Act and settlement therein contained shall be insert and repeated in any Act of Parliament that shall pass, for agreeing and concluding the foresaid treaty of union betwixt the two kingdoms; and that the same shall be therein expressly declared to be a fundamental and essential condition of the said treaty of union in all time coming." In terms of which enactment, this Act of Security was inserted in the Treaty of Union between the two kingdoms, as a fundamental condition thereof, and was also inserted in the Act (1706, c. 7) of the Parliament of Scotland ratifying and approving of the said Treaty, and likewise in the corresponding Act of the Parliament of England, entituled, " An Act (5 Anne, c. 8) for a Union of the two Kingdoms of England and Scotland:"

AND WHEREAS, at the date of the said Treaty of Union, the right of patrons to present to churches stood abolished by statute, after the following manner,-viz., By the Act of King William and Queen Mary (1690, c. 5), herein before mentioned, the Act of James VI. (1592, c. 116), also herein before mentioned, then standing totally repealed, was only revived, subject to the express exception of "that part of it relating to patronages," which consequently remained repealed and unrestored, and "which," the Act 1690, c. 5, farther bore, "is hereafter to be taken into consideration." The part of the said Act thus left repealed and unrevived, was the provision, that Presbyteries "be bound and astricted to receive whatsoever qualified minister presented by his Majesty or laic patrons,"-a provision which, while it subsisted, was held to leave the Church free to proceed in the collation of ministers," according to the discipline of the Kirk;" and non-compliance with which implied only a forfeiture of the fruits of the particular benefice, which it did by virtue of the immediately succeeding statute 1592, c. 117, whereby it was enacted, that, "in case the Presbytery refuses to admit any qualified minister presented to them by the patron, it shall be lawful to the patron to retain the whole fruits of the benefice in his own hands." This subject having accordingly been thereafter taken into consideration in the same session of Parliament, was definitively settled by an Act (1690, c. 23), entituled, "Act concerning Patronages," whereby the right of presentation by patrons was "annulled and made void," and a right was vested in the heritors and elders of the respective parishes "to name and propose the person to the whole congregation, to be approven or disapproven by them," the disapprovers giving in their reasons "to the effect the affair