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Updated: June 26, 2025
They seriously recommended a due regard hereunto in planting the vacancies, as judicatories would study the glory of God, the honor of God, and the edification of men. It is the law of heaven, however, the book of the Lord, that here and everywhere we intend to build our faith upon. That of Matthias is the first instance of an election of an officer in the Christian Church.
See also the 27th Act, Parl. 1695, where it is declared, "That all such as shall duly come in and qualify themselves, shall have and enjoy his majesty's protection, as to their respective kirks and benefices, they always containing themselves within the limits of their pastoral charge, within their said parishes, without offering to exercise any part of government, unless they be first duly assumed by a competent church judicatory; providing, nevertheless, that as the said ministers are left free to apply, or not, to the foresaid church judicatories," &c.
And it pertains to the church representative, by applying the laws of Christ in his Word, to declare who are qualified for the ministry, and who are not. But here the civil power, without any regard to church judicatories, by a magisterial authority, judges and determines, the qualifications that gospel ministers must have, otherwise they cannot be acknowledged ministers of this church.
The episcopal party promised to enter heartily into the interests of the new government, to keep the highlanders quiet, and induce the clergy to acknowledge and serve king William, provided he would balance the power of Melvil and his partisans in such a manner as would secure them from violence and oppression; provided the episcopal ministers should be permitted to perform their functions among those people by whom they were beloved; and' that such of them as were willing to mix with the presbyterians in their judicatories should be admitted without any severe imposition in point of opinion.
Every one knows that this tribunal was the great stay of that state; every one knows with what care it was upheld, and with what a religious awe it was consecrated. The parliaments were not wholly free from faction, I admit; but this evil was exterior and accidental, and not so much the vice of their constitution itself as it must be in your new contrivance of sexennial elective judicatories.
gradation of spiritual authorities in presbyteries, classes, synods, and assemblies, giving to these several judicatories the power of the keys, that is, of censuring, suspending, depriving, and excommunicating delinquents.
The petitioners were answered by instructing them to apply for direction to the inferior judicatories thus shunning the duty of applying their own acknowledged principles. This was in the year 1823. This course did not satisfy the petitioners, and application was again made to Synod in 1825, to explain the import of their former Act.
The common light of nature thus far directeth all sorts of smaller societies, whether political or ecclesiastical, to compose all particular and more private differences and offences within themselves; and to decide and determine small, common, easy causes and matters, by smaller courts and judicatories appointed for that end: a vain thing to trouble more and greater assemblies with those matters, that may as well be determined by the lesser.
As this church did then submit, so since she has made a resignation and surrender of that part of the church's intrinsic right to the civil power, see Act 7th, Assem. 1710: "All ministers and members are appointed religiously to observe all fasts and thanksgivings whatever, appointed by the church or supreme magistrate; and the respective judicatories are appointed to take particular notice of the due observation of this, and Act 4th, 1722, Act 5th, 1725."
But, leaving these preliminary matters, we shall proceed to take a survey of the Hebrew commonwealth, as it appeared upon its first settlement under the successors of Joshua; endeavouring to ascertain the grounds upon which the federal union of the tribes was established; their relations towards one another in peace and in war; the resources of which they were possessed for conquest or self-defence; their civil rights and privileges as independent states; their laws and judicatories; and, above all, the nature and extent of their property, as well as the tenure on which it was held by families and individuals.
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