« הקודםהמשך »
med that wait for me. Psal. cxxii. 9. God of heaven, let it be diligently Because of the house of the Lord our done for the house of the God of hea. God, I will seek thy good. Ezra vii. ven: for why should there be wrath 23. Whatsoever is commanded by the against the realm of the king and his
The Reformed Church has declared her mind on this article as follows.
OF CIVIL GOVERNMENT. 1. It is the will of God, revealed by the constitntion of human nature, and more clearly in the sacred scriptures, that his rational creatures, living together in one part of the world, and connected by a common interest, and by common duties, should enter into a civil association, for the better preservation of peace and order, in subserviency to godliness and honesty.
1 Cor. xi, 14. Doth not even nature itself teach you ? Gen. 1. 7. All the elders (rulers) of the land of Egypt, Exod. iii. 16. Go and gather the elders of Israel together. I Samn. xvi. 4. And the elders of ibe town trembled at his coming. Exod. xviii. 19. Hearken now unto my voice, I will give thee counsel, and God shall be with thee. 21. Thou shalt provide out of all the people, able men, such as fear God, men of truth, hating covetousness. 22. And let them judge the people. 23. And all this people shall also go to their place in peace. Isa. xxxii. 17. And the work of righteousness shall be peace. 18. And my people shall dwell in a peaceable habitation, and in sure dwellings, and in quiet resting places. Rom. xii. 17. Provide things honeft in the sight of all men. 18. As much as lieth in you, live peaceably with all men. I rim. ii. 2. For kings and all that are in authority; that we may lead a quiet and peaceable life, in all godliness and honesty. Rom. xiii. 2. Whosover, therefore, resisteth the power, resisteth the ordinance of God.
2. It is the duty of all men voluntarily to form civil societies, establishing such authority, as may best tend to preserve order, liberty, and religion, among them; and it is lawful for them to model their constitutions of government in such a manner as may appear most suitable to them, provided such constitutions, in their principles and distribution of power, Le in nothing contrary to the divine law.
Prov. xxi. 3. To do justice and judgment is more acceptable to the Lord than sacrifice. Ezek. xlv. 9. Remove violence and spoil, and execute judgment and justice, take away your exactions from my people, saith the Lord. Deut. i. 13. Take you wise men, and understanding, and known among your tribes, and I will make them ralers ever you. 14. And ye answered me and said, The thing which thou hast spoken is good for us to do. Chap. xvi. 18. Judges and officers shalt thou make thee in all thy gates. Ezek. xxx. 21. And ibeir governor shall proceed from the midit of them--this that engaged his heart to approach unto me. 22. And ye shall be my peopie, and I will be your God. 1 Tim. ii. 2. That we may lead a quiet and peaceable life, in all godliness and honesty. Deut. xvii. 14. When thou art come unto the land-and shall dwell therein, and shalt say, I will set a king over me. 15. Thou shalt in any wise set him king over thee whoni the Lord thy God shalt choose-Tbou mayef not set a franger over thee. 16. But he shall not multiply horses to hiinself ; 17. Neither shall he multiply wives-neither silver and gold. 20. That his heart be not lifted up above his brethren, and that he turn not aside from the commandment.
3. God, the supreme governor, is the fountain of all power and authority, and civil magistrates are his deputies: In the administration of government, obedience is due to their lawful commands for conscience sake; but no power, which deprives the subject of civil libertywhich wantonly squanders his property, and sports with his life-or which authorizes false religion, (however it may exist according to divine Providence,) is approved of, or sanctioned by God, or ought to be esteemed or supported by man as a moral institution.
Rom. xiii, 1. There is no power but of God. 4. He is the minister of God to thee for good. 5. Wherefore, ye must needs be subject, not only for wrath, but also for conscience sake. Prov. xxix. 2. When the righteous are in authority, the people rejoice: But when the wicked beareth rule, the people mourn. Chap. xxviii. 15. As a roaring ion, and a raging bear; so is a wicked ruler. Psalm xciv. 20. Shall i he throne of iniquity have fellowship with thee? Psalm ii. 2. The kings of the earth set themselves, and the rulers took counsel against the Lord. Hos. vili. 3. Israel hath cast off the thing that is good. 4. They have set up kings, but not by nie. Rev. xili. I. And saw a beast rise up out of the sea, having seven beads and ten horns and ihe dragon gave him his power, and his seat, and great authority. Chap. xii. 9. The dragon--that old serpent, called the Devil and Satan. Chapa xvii. 12. The ten horns which thou sawen are ten hings-receive power as kings one hour with the beast. 14. These shall make war with the lamb. 17. For God hath put in their hearts to fulfil his will, and to agree and give their kingdom unto the beast.
4. God, who, in his holy providence, makes even the wrath of man to praise him, sometimes manages the magistrates which are over heathen and other wicked nations, balancing their ambition, their interest, and their power, in such a manner, as to inaintain some degree of peace and safety in the empire, and sometimes makes use of them as a scourge to punish guilty sinners, for their rebellion against the King of heaven.
Peal. Ixxxii, 1. God standeth in the congregation of the mighty; he judgeth among the gods. lxxv. 7. He puttend down one, and setteth up anotber. Isa. xly. I. Thus saith the Lord to his anointed, to Cyrus, s. I giided thee, though thou hast not known me. 13. He shall build my city, and he mall let go my captives, not for price
reward. Jer. xxix. 7. And seek the peace of the city-for in the peace thereof shall ye bave peace. Ezia ix. 2: For our iniquities have we-been delivered into the band of the kings of ebe land. Neh. ix. 37. The kings whom thou hast set over us because
our sins. 5. It is lawful for Christians residing in nations in which the light of the gospel has not been generally diffused, to continue in submission to such authority as muy exist over them, agreeably to the law of nature, which, where revelation does not exist, is the only standard of civil dury. In such cases the infidelity of the ruler cannot makt void the just authority conferred upon him by the constitution of man for the Lord's fake. 16. As frce, and not using your liberty for a cloak of maliciousness. Rom. ii. 14.
Pet. i. 12. Having your conversation honeft among the Gentiles. 13. Submit yourselves to every ordinance por when the Genies, which have not 'he law, do by nature the things contained in the l:w, these having noi ibe law are a law unto themselves. Jonah ill. 7. And he caused it to be proclaimed and published through Niueweb, by the decree of the king and his cobies. 10. and God repented him of the evil ibai he said that he would
Nato them; and he did it a0b.
sons ? Ver. 25. And thou, Ezra, after are beyond the river, all such as know the wisdom of thy God that is in thine the laws of thy God; and teach ye hand, set magistrates and judges, them that know them not. Ver. 26. which may judge all the people that And whosoever will not do the law
6. Christian rulers, appointed to office according to a righteous civil constitution, have authority from God, to rule in subserviency to the kingdom of Christ, and are to be conscien. tiously supported by the persons, the property, and the prayers of the ruled, in the maintenance of the peace, the safety, and the honour of the nation.
Psalm ii. 10. Be wise now, therefore, bye kings; be instructed, ye judges of the earth. 11. Serve the Lord with fear. 12. Kiss the son, lest he be angry. Pselm laxii. 11. Yea, all kings shall fall down before him ; all nations shall serve him. Dan. vii. 14. And there was given him dominion, and glory, and a kingdom, that all peo. ple, nations, and languages, should serve him. 27. And all dominions shall serve and obey him. Prov. viii. 15. By me kings reign, and princes de.ree justice. Rom. xili. 4. He is the minister of God to thee for good. s. Where. fore, ye must needs be subject, not only for wrath, but also for conscience sake. 7. Render, therefore, to all their dues : tribute, to whom tribuie ; fear, to whom sear; honour, to whom honour.
7. It is the duty of the Christian magistrate to take order, that open blasphemy and idola. try, licentiousness and iinmorality, be suppressed, and that the church of Christ be supported throughout the commonwealth; and for the better discharge of these important duties, it is lawful for him to call synods, in order to consult with them; to be present at them, not interfering with their proceedings, (unless they become manifestly seditious and dangerous to the peace.) but supporting the independency of the church, and its righteous decisions, and preserving its unity and order against the attempts of such despisers of ecclesiastical autho. rity as should endeavour, in a riotous manner, to disturb their proceedings.
Rom, xill. 4. For he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doth evil. Lev. xxiv. 16. And he that blasphemeth the name of the Lord, he thall surely be put to death. 2 Chron. xlv. 2. And Asa did that which was good and right. 3. He took away the altars of the strange pods, and the high places, and brake down their images. Rev. xvii. 16. These shall hate the whore, and sball make her desolate and naked, and shall eat her flesh, and burn her with fire. Prov. xx. 26. A wise ting scatter. eth the wicked. Psalın ci. 8. I will early destroy all the wicked of tbe land. Prov. xiv. 34. Righteousness exalteth * nation : but sin is a reproach to any people. Chap. xvi. 12. The throne is established by righteousness. Isa. xlix. 23. Kings shall be thy nurhing fathers, ( nourishers.) Chap. 1x. 10. Kinga shall minister unto thee. 12. For the nation and kingdom that will not serve thee shall perish, chap. Ixii. 4. And thy land shall be married. 2 Sam. xxiii. 3. He that ruleth over men must be just, ruling in the fear of God. 2 Chron. xxix. 2. And he did right in the sight of the Lord. 4. And he brought in the priests and the Levites, and gathored them together. 15. And they gathered their brethren, and sanctified themselves, and came, according to the commandment of the king, By the words of the Lord, to cleanse the house of the Lord. Chap. xxx. 22. And Hezekiah spake comfortably un. to all the Levites that taught the good knowledge of the Lord. Rev. xxi. 24. And the kings of the earth do briog their glory and honour into it, Dan. vii. 22. And the time came that the saints possessed the kingdom. 1 Cor. x. 31. whatsoever ye do, do all to the glory of God. Psalm cxxxvii. s. If I forget thee, o Jerusalem, let Diy right hand forget her cunning. cxii. 7. Peace be within thy walls, and prosperity within thy palaces. We therefore condemn the following errors, and testify against all who maintain them:
1. " That civil government is not an ordinance of God.” 2 " That christians owe no allegiance to civil authority.” 3. " That civil government is founded in grace."
4. “ That the scripture revelation is not the rule by which Christians should direct their civil conduct.”
5. “That the magistrate, as such, has nothing to do with the Christian religion, nor the minister a right to examine the policy of ns, and teach civil duties.”
6. “That Christians are bound to cherish, as the ordinance of God, all those who may be exalted in providence to power in a nation, although they may be tyrants and usurpers, and bound by an oath to give their power unto the beast, in the establishinent of a false religion,”
7. “ 'That it is lawful for civil rulers to authorize the purchase and sale of any part of the human family, as slaves.”
8. “That a constitution of government which deprives unoffending men of liberty and property is a moral institution, to be recognized as God's ordinance.” OF THE RIGHT OF DISSENT FROM A CONSTITUTION OF CIVIL GOVERNMENT.
1. Civil society being a voluntary association, the nation is not bound to admit to all its peculiar privileges every person who may reside within the reach of its power, nor is every per. son dwelling within the limits of a nation under obligation to incorporate with the national society. Every government has the right of making laws of naturalization, and every indi. vidual possesses the right of expatriation, and both these rights are to be exercised in conformity to the law of God, the supreme ruler and judge.
Gen. xlvii. 4. For to sojourn in the land are we come.--Now, therefore, we pray thee, let thy servants dwell in the land of Goshen. Num. X. 29. And Mese's said unto Hoba - Come thou with us, and we will do thee good. 30. And he said unto hin, I will not go. Chap. xv. 15. One ordinance shall be boin for you of the congregation, and also for the stranger that sojourneth with you. Chap. xxiv. 17. Thou shalt nof pervert the judgment of ibe stranger. Deut. xxiii. 8. The children that are begotten of them shall enter into the congregation of the Lord, in their third generation. Acts xxi. 39. A citizen of no mean city: Ckap. xxii, 27. Tell me, art thou a Radiant He said, Yea. 28. With a great sur oulained I this freedom. And Paul said, but I was freeborn. Jam. iv. 12. There is one lawgiver.
2. It is the duty of Christians, for the sake of peace and order, and in humble resignation to Gol's good providence, to conform to the common regulations of society in things lawful; but to profess allegiance to no constitution of government which is in hostility to the kingdom of Christ, the head of the church, and the prince
of the kings of the earth. Jer. xxix. 4. Thus saith the Lord of borts, the God of Israel, unto all that are carried away captives, s. Build
of thy God, and the law of the king, he that is born in the land, when he let judgment,be executed speedily up- blasphemerh the name of the Lord, on him, whether it be unto death, or shall be put to death. Deut. xiii. 5. to banishment, or to confiscation of And that prophet, or that dreamer of goods, or to imprisonment. Ver. 27. dreams, shall be put te death, (because Blessed be the Lord God of our fa- he hath spoken to turn you away from thers, which hath put such a thing as the Lord your God, which brought you this in the king's heart, to beautify out of the land of Egypt, and redeemthe house of the Lord which is in ed you out of the house of bondage, Jerusalem : Ver. 28. And hath exten to thrust thee out of the way which ded mercy unto me before the king the Lord thy God commanded thee to and his counsellors, and before all the walk in,) so shalt thou put the evil king's mighty princes ; and I was away from the midst of thee. Ver. 6. strengthened, as the hand of the Lord If thy brother, the son of thy mother, my God was upon me, and I gathered or thy son, or thy daughter, or the together out of Israel chief men to go wife of thy Bosom, or thy friend, which up with me. Lev. xxiv. 16. And he is as thine own soul, entice thee secretthat blasphemeth the name of the ly, saying, Let us go and serve other Lord, he shall surely be put to death: gods, which thou hast not known, and all the congregation shall certain thou, nor thy fathers: Ver. 12. If thou ly stone him: as well the stranger, as shalt hear say in one of thy cities,
ye houses, and dwell in them; and plant gardens, and eat the fruit of them. 6. Take ye wives, and beget sons and daughters. 7. And seek the peace of the city, whither I have caused you to be carried away captive, and pray unto the Lord for it; for in the peace thereof shall ye have peace. Psalm cxxxvii. I. By the rivers of Babylon, there we sat down ; yea, we wept, when we remembered Zion. 4. How sball we sing the Lord's song in a strauge land! 6. Let my tongue cleave to the roof of my mouth, if I prefer not Jerusalem above my chief joy. 8. O daughter of Babylon, who art to be destroyed. 9. Happy shall he be, that taketh and dasheth thy little ones against the stones. Acts iv. 19. Whether it be right in the sight of God to hearked unto you, more than unto God,
judge ye. Matt. vi. 10. Thy
kingdom come. Heb. xii. 26. Yet once more I shake not the earth only, but also beaven. 28. Wherefore we receiving a kingdom which cannot be moved. Mic. iv. 8. The kingdoin shall come to the daugh. ter of Jerusalem. 13. Arise, and ihresh, o daughter of Zion; for I will make thine horn iron, and I will make thy hoofs brass; and thou shalt beat in pieces many people: and I will consecrate their gain unto tbe Lord, and tbeir substance unto the Lord of the whole earth.
3. Virtuous persons, who in their private capacity are endeavouring to further the true end of civil governinent, the maintenance of peace and quietness in all godliness and honesty, al. though they dissent from the constitution of civil government of the nation in which they reside, have a right to protection in their lives, liberties, and property, they contributing their proportion of the common taxation; but they are not to act inconsistently with their deciared dissent, and it would be tyranny to constrain them to such measures.
Rom. xiii. 3. For rulers are not a terror to good works, but to the evil. Wilt thou, then, not he afraid of the power? Do that which is good, and I bou shali have praise of the same. I Tim. ii. 2. That we may lead a quiet and peaceable lite, in all godliness and honesty. Num. xv. 16. One law, and one manner, shall be for you, and for the stranger that sojourneth with you. Exod. xxii. 21. Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt. Rom. ii. 3. And thinkest tbou this, o man, that judgest them wbich do such things, and doest the same, that thou shalt escape the judgment of God? Jer. xxi. 1 2. T hus saith the ford, Execute judgment in the morning, and deliver him that is spoiled out of the hand of the oppressor. Estb, iji. 8. And Haman said unto King Ahasueras, There is a certain people scattered abroad, and dispersed among the people in all the provinces of thy kingdom; and their laws are diverse from all people; peither keep they the king's laws; therefore, it is not for the king's profit to suffer them. 9. If it please the king, let it be written that they may be destroyed.
4. Christians testifying against national evils, and striving in the use of moral means to ef. fect a reformation, should relinquish temporal privileges, rather than do any thing which may appear to contradict their testimony, or lay a stumbling block before their weaker brethren.
1 Kings xix. 9. And he came thither unto a cave, and lodged there. 10. And he said, I have been very jealous for the Lord God of Hosts: for the children of Israel have to: saken thy covenant. Heh. xi. 24 By faith, Moses, when he was come to years, refused to be called the son of Pharaoh's daughter. 26. Esteemingine reproach of Christ greater fiches than the treasures in Egypt. 36. And others had trials of cruel mockings, and scourgings, yea, moreover, of bonde and imprisonments. Num. xxiii. 9. Lo, the people sball dwell alone, and shall not be reckoned among the nativas. Rom. xiv. 21. It is good neither to eat tiesh, or drink wine, nor any thing whereby thy brother fumbleth, or is offended. We therefore condenin the following errors, and testify against all who maintain them:
1. “That it is lawful to profess or swear allegiance to an immoral constitution of civil governinent."
2. " That Christians, under pretence of bearing an active testiinony, are bound to effect a change in the moral state of nations with the sword.”
3. ** That it is not lawful for Christians to wage war in defence of liberty, religion, or life.”
4. "That the enjoyment of no tempo al privilege may be relinquished for the sake of peace, or for fear of making a Christian brother to offend.
Testimony of ibe Reformed Cburcb, Cbapters xxviii. and axix.
effecting whereof, he hath power to call synods, to be presen at them, and to provide that whatsoever is transacted in them be according to the mind of God 5. *
IV. It is the duty of people to pray for magistrates , to honour their persons , to pay them tribute and other dues k, to obey their lawful commands, and to be subject to their authority for conscience' sake! Infidelity, or difference in religion, doth not make void the magistrate's just and legal authority, nor free the people from their due obedience
which the Lord thy God hath given ments, ye shall even warn them that thee to dwell there, saying, &c. 2 they trespass not against the Lord, Kings xvii. 4. He removed the high and so wrath come upon you, and upplaces, and brake the images, and cut on your brethren: this do, and ye down the groves, and brake in pieces shall not trespass. Ver. 11. And, the brasen serpent that Moses had behold, Amariah the chief priest is made: for unto those days the chil. over you in all matters of the Lord ; dren of Israel did burn. incense to it, and Zebadiah, the son of Ishniael, the and he called it Nehushtan. [1 Chron. ruler of the house of Judah, for all xiii. 1. to the 9th Verse. 2 Kings xxiii. the king's matters: also the Levites 1. to the 26tb Verse. ) 2 Chron. xxxiv. shall be officers before you. Deal 33. And Josiah took away all the courageously, and the Lord shall be abominations out of all the countries with the good. [2 Chron. Chapters that pertained to the children of Is- xxix. and xxx.] Matth. ii. 4. And rael, and made all that were present when he had gathered all the chief in Israel to serve, even to serve the priests and scribes of the people toge. Lord their God. And all his days they ther, he demanded of them where departed not from following the Lord, Christ should be born. Ver. 5. And the God of their fathers. 2 Chron. they said unto him, In Bethlehem of xv. 12. And they entered into a cove. Judea : for thus it is written by the nant, to seek the Lord God of their prophet. fathers, with all their heart and with IV.61 Tim. ii. 1. I exhort there. all their soul; Ver. 13. That who fore, that, first of all, supplications, soever would not seek the 1.ord God prayers, intercessions, and giving of of Israel should be put to death, whe- thanks, be made for all men : Ver. 2. ther small or great, whether man or For kings, and for all that are in au
thority : that we may lead a quiet and 8 2 Chron. xix. 8. Moreover, in peaceable life, in all godliness and hoJerusalem did Jehoshaphat set of the nesty. Levites, and of the priests, and of the i 1 Pet. ii. 17. Honour all men. chief of the fathers of Israel, for the Love the brotherhood. Fear God. judgment of the Lord, and for contro Honour the king. versies, when they returned to Jerusa k Rom. xiii. 6. For, for this cause lem. Ver. 9. And he charged them, pay you tribute also: far they are saying, Thus shall ye do in the fear of God's minisiers, attending continualthe Lord, faithfully, and with a per- ly upon this very ihing. Ver. 7. Renfect heart. Ver. 10. And what cause der Therefore to all their dues : tribute soever shall come to you of your bre to whom tribute is due, custom to thren that dwell in their cities, be. whom custom, fear to whom fear, hotween blood and blood, between law nour to whom honour. and commandment, statutes and judg Rom. xiii. 5. Wherefore ye must
* Sce the note on Chap. XXXI. Sect. 2.
to himn : * from which ecclesiastical persons are not exempted; much less hath the Pope any power or jurisdiction needs be subject, not only for wrath, priest did the king put in the room of but also for conscience sake. Tit. Abiathar. Acts xxv. 9. But Festus, M. 1. Put them in mind to be subject willing to do the Jews a pieasure, anto principalities and powers, to obey swered Paul, and said, Wilt thou go magistrates, to be ready to every good up to Jerusalem, and there be judged work.
of these things before me? Ver. 10. m 1 Pet. ii. 13. Submit yourselves Then said Paul, I stand at Cesar's to every ordinance of man for the judgment-seat, where I ought to be Lord's sake: whether it be to the judged; to the Jews have I done no king, as supreme ; Ver 14. Or unto wrong, as thou very well knowest, governors, as unto them that are sent Ver. 11. For if I be an offender, or by him for the punishment of evil have committed any thing worthy of doers, and for the praise of them that death, I refuse not to die : but if there do well. Ver. 16. As free, and not be none of these things whereof these using your liberty for a cloak of ma accuse me, no man may deliver me liciousness, but as the servants of God. unto them. I appeal unto Cesar. 2
n Rom. xiii. 1. Let every soul be Pet. ii. 1. . But there were false pro. subject unto the higher powers. For phets also among the people, even as there is no power but of God; the there shall be false teachers among powers that be are ordained of God. you, who privily shall bring in dam1 Kings ii. 35. And the king put Be- nable heresies, even denying the Lord naiah, the son of Jehoiada, in his that bought them, and bring upon room, over the bost; and Zadok the themselves swift destruction. Ver.
The mind of the Associate or Secession Church, on this article, is declared in her standards, as follows.
It is the duty of Christians, plainly and frequently enjoined on them in the word of God, and acknowledged in the Confession of all the Reforined Churches, to submit to the government of that country in which Providence has ordered their jot. The civil inagistrate being an infidel, or of what we judge a false religion, does not, as our Confession most just!y de clares, free us from an obligation to acknowledge his authority, and to obey him in all law. ful commands. Civil societies may, and ought to preserve their rights and liberties; and to them it belongs to set up these forms of government, and those magistrates, whom they judge most proper. It is a sad truth, that, in doing so, nations frequently neglect to acknowledge God, and give things injurious to religion a place in their civil constitutions. Against these evils Christians ought to testify, as the Lord gives them opportunity. But they ought by no means, on account of such blemishes in any government established by the consent of a nation, to refuse submission to it in all Jawful conimands, especially while it grants the same protection to them as to the other inembers of the community.”
Testimony of the American Associate Church, Part. I. Sect. 19. “ The state is under obligations by the divine law, to the perforinance of such duties, as through the blessing of God may be signally useful to the Church. It is the duty of all its members, on the supposition of their being favoured with divine revelation, to embrace the truth with all their hearts, to make a scriptural profession of it, to annex theinselves to the Church of Christ, and to join with her in the celebration of all divine ordinances. It is their duty, in their collective capacity, to withdraw any positive countenance and support, whether by legal establishments or otherwise, which they inay have formerly given to a faise religion; to a solish any laws that may be standing in the way of the progress of the true; and so to regulate the whole of their civil constitution and administration, that they nay prove sabservient to the interests of evangelical truth, and the advancement of pure and undefiled religion. In a word, it is their duty, in the choice of their civil rulers, to have such a regard for the interests of religion, as to set none over them, but such as they have ground to think will not improve their power for the injury of the church ; but he themselves good examples to others in the ways of godliness, But though they should not only neglect, but plainly cortradict, their duty in this matter, this can never warrant a minority to refuse subjection to any whom the general body set up, in all their lawful commands.'
We condemn and testify against the doctrine of those who maintain that in a nation, which has fallen from reformation once attained, the minority adhering to this reformation may lawfully refuse subjection to the powers that be, and obedience to their just commands. We reject this, as not only contrary to the general tenor of scripture, but as directly tending to introduce endless anarchy.”
Testimony of the Associate Church of Scotland Chap. XXIV. Sect. 5. &c.