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by law, (particularly by the act of parliament, 1693, for settling the quiet and peace of the church; whereby it was expressly enacted, that all magistrates, judges, and officers of justice, give all due assistance, for making the censures of the church and judicatories thereof to be obeyed, without inquiring into the reasons of that sentence, which was wholly alterius fori, and not liable to their cognition: And therefore the magistrates could not be questioned for what they did in obedience to the law, unless they had exceeded their authority in the execution, which it was not pretended by appellant they had done: And if the magistrates had exceeded in the execution, appellant had the obvious remedy to complain to the Lords of Session, by a bill of suspension; but the Lords of Session did twice refuse his bill, as there was no reason for granting it: And no appeal could be made from the execution of any sentence, unless first made against the sentence itself; and since this was the sentence of an ecclesiastic court, in a matter only under the cognition of the church, and to be remedied (if amiss) by its superior [431] judicatories, the appeal ought to be adjudged unlawfully made; for that even in the Church of England, there are writs issued out in course, for executing ecclesiastic sentences, as the writ de Excommunicato Copiendo, which though a civil writ, yet being a writ of execution of an ecclesiastic sentence, unless the sentence be first reviewed by an ecclesiastic judicatory, there lies no appeal against the writ, as being purely executive: And that before the late union of the two nations, it was never known that any appeal from the ecclesiastic judicatory of the church, lay properly or regularly to the parliament of Scotland; nor could any precedent be produced of such an appeal brought; and for full justification of both the Presbytry's and their own proceedings in this case against the appellant, respondents relied on the following laws: 1. The third act of King William and Queen Mary, 1689, entitled, an act abolishing prelacy. 2. The fifth set of the same parliament, 1690, entitled, an act, ratifying the confession of faith, and settling Presbyterian church government. 3. The twenty-third act of the same parliament, entitled, an act for settling the peace and quiet of the church. 4. The sixth act of the fourth session of King William and Queen Mary's first parliament, entitled, an act for taking the oath of allegiance and assurance. And on the following proclamation of the 21st of March, 1706, entitled, an act and proclamation against intruders into churches, (amongst other things)
The Queen and the Lords of her majesties privy-council did thereby prohibit and discharge all persons who have no authority from within the church of Scotland, but pretend to a warrant or licence from the late exauctorated bishops, since they were exauctorated, to exercise any part of the ministerial function, within this church, or any kirk or paroch thereof, upon pain of being seized and secured by the magistrates of the bounds, in order to their trial, pursuant to the act of parliament of 1693, and the magistrates are thereby required to seize and secure such persons, and punish them according to law.
(Peter King.)
Die Lunæ, 13 Februarii, 1709. This petition of appeal presented to the Lords, and then ordered, that on thursday next the house should take into consideration, whether the petition should be read, and that all the Judges should then attend the house, and all the Lords summoned, Lords Journ. vol. xix. p. 64. and Jovis. [432] 16 Februarii, the petition read, and ordered, that before the petition be received, authentic transcripts of all the orders and proceedings against Greenshields, touching the matter complained of, be laid before the house. Ib. Journ. p. 68. Delivered in Veneris, 17 Martii, p. 111, and ordered to be considered, when Doctor Sacheverel's impeachment over. Veneris, 24 Martii, the orders and proceedings being laid before the house, ordered that the house will to-morrow take into consideration whether the petition shall be received, and all the Lords summoned to attend, p. 125. And Sabbati, 25 Martii, 1710, after reading the extracts and transcripts of the orders and proceedings delivered, it was ordered by the Lords, that the petition and appeal be received, and that respondents answer before the first day of next session of parliament, and that their council be at liberty to argue in the first place, whether this appeal be regularly and properly before this house or not, p. 127. And,
Die Jovis, 1 Martii, 1710 after hearing council to that point, it was resolved, that the petition and appeal is regularly and properly before the house: And,
After hearing council on the petition and appeal, it was ordered and adjudged
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