[SIXTY-SIXTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Commissioners from the Presbytries of the Kirk of Scotland, halden at Halyrudehouse the 10 of Decr. 1602,[46] in the qwhilk the King’s Majestie being personally present, were conveint the Commissioners following, viz. Commissioners, with his Majestie, the Secretar, Thesaurer, Collector, Comptroller, Sir Patrick Morray: for the Ministry,
Orknay.
Mr Robert Pont.
Cathnes.
Mr George Gladstanes.
Ross Murray.
Mr Alexander Rawsone.
Aberdeene.
Mrs Peter Blackburne.
Archbald Blackburne.
David Raite.
Richard Rosse.
John Strauchan.
Mrs John Rosse.
James Milne.
Abraham Sybbald.
Alexander Hay.
Mearns.
Mrs John Erskine.
Alexander Forbes.
Mr James Sybbald.
Brechine.
Mrs Andrew Leitche.
John Marshall.
Mr Josua Durie.
Mrs Patrick Lyndsay.
Arthur Foothie.
Mr Henry Philipe.
Dundie.
Mr Robert Howie.
Mr Andrew Clayhills.
Meigle.
Mrs James Andersone.
John Barclay.
Mr David Browne.
Peirth.
Mrs James Rosse.
Archd. Moncrieff.
Wm. Row.
Adam Balantyne.
Mrs Alex. Hoome.
John Edmonstoune.
William Glasse.
Silvester Ratray.
St Androis.
Mrs James Melvill.
John Carmichaell.
Mr Robert Durie.
Universitie thereof.
Mr James Martine.
Cowper.
Mrs Thomas Dowglass.
Robt. Buchanan.
Mr Wm. Cranstoune.
Kirkaldie.
Mrs Wm. Scott.
John Michelsone.
Mr David Spence.
Dumfermling.
Mrs John Fairfoull.
John Cawden.
Mr Edmond Mylls.
Edinburgh.
Mrs James Balfour.
Walter Balcanquall.
Mr Wm. Aire.
Mrs Thomas Peebles.
Robt. Cornwall.
Mr George Inglish.
Dalkeith.
Mrs George Ramsay.
Archd. Simsone.
Mr Adam Scot.
Haddington and Dumbar.
Mr Edward Hepburne.
Mr Richard Ogill.
Peebles.
John Keer.
Merss.
Mrs John Clappertoune.
Tobias Ramsay.
Wm. Methwen.
Alexr. Gates.
John Abernethie.
Mrs Wm. Clark.
John Knox.
James Dais.
John Smith.
Glasgow.
Mr Andrew Boyde.
Mr Wm. Livingstone.
Universitie thereof.
Mr Pat. Scharp.
Paisley.
Mr John Hay.
Dunbartone.
Mr Wm. Symsone.
Hamiltone.
Mr John Howisone.
Mr Pat. Walkinschaw.
Lanarick.
Mr Wm. Birnie.
Mr Robt. Ballantyne.
Mrs George Dumbar.
Nathaniel Inglish.
Mr John Welsche.
Irwing.
Mr Hew Fullertoune.
Dumfries.
Mrs Robt. Hunter.
John Browne.
Mr Richard Broune.
Kirkcudbright.
Mr Wm. Hamiltone.
Wigtowne.
Mr Robert Wallace.
Mr Matthew Reid.
Edinburgh.
Mr John Robertsone.
Mr George Heriot.
Dundie.
Mr Wm. Fargusone.
St Androis.
Mr Wm. Russell.
Leith.
Mr Jerome Lyndsay.
Mr David Orrock.
Bruntiland.
Patrick Greiff.
Commissioners for the Generall Assemblie.
Mrs Alex. Dowglass.
George Monro.
James Nicolsone.
Pat. Simsone.
Wm. Cowper.
Alex. Lyndsay.
John Spotswood.
John Caldcleuch.
Mrs Robt. Wilkie.
David Lyndsay.
John Hall.
James Law.
Gavin Hamilton.
George Scrymgeour.
David Barclay.
Acta Sessione prima.
Exhortatione being made be Mr John Hall, Moderator of the last Assemblie, the Assemblie, after the accustomed manner, proceedit to the election of the Moderator of this present Assemblie; and, after nominatione of the brethren following, viz. Mrs Patrick Galloway, Patrick Scharpe, James Balfoure, and John Carmichaell, out of the qwhilk number the Moderator should be chosen,—be plurality of votes the said Mr Patrick Galloway was chosen Moderator hac vice.
The houres of convention to be nyne houres in the morning for the privie conferrence, and eleven houres for conveening of the Assemblie, and to sit qwhill 4 houres afternoon.
The Assessors appoynted to conveen with the Moderator in the privie conferrence for treating of such things as are to be concludit in the Assemblie, are Mrs John Hall, Robert Pont, George Gladstones, David Lyndsay, Alexr. Rawsone, Peter Blackburne, John Strauchane, David Rate, Alexr. Forbes, James Nicolsone, Robert Howie, James Melvill, Robert Wilkie, John Carmichaell, Alexr. Lyndsay, William Glass, Patrick Scharpe, James Balfoure, Walter Balcanquall, James Law, John Spotswood, John Clappertoune, John Knox, David Barclay, Wm. Hamiltone, Nathaniell Inglish, John Hay, Andrew Lambe.
Sess. 2a.
The said day, being callit, Mr George Gladstones, minister at St Androis, qwha was direct be the last Assemblie to have remainit for ane quarter or ane half year with the Marques of Huntlie, to the effect, be his travells and labours, the said Noble Lord and his family might be informit in the word of truth presently profest within this realme, and the enemies thereof debarrit from his company,—to give an accompt of his diligence done in his said Commission, the said Mr George compeirand, declared that at the tyme of his journeying northward for visitatione of the Presbytries of Cathnes and Sutherland, he addressed himself to the Marques of Huntly, and remained with him the space of three dayes, dureing the qwhilk tyme he conferred with him anent the controvertit heads of religione, and desyred of his Lordship that he wold schaw him qwherin he doubted, that to the effect be his conferrence he might be resolvit of such heads thereof as yet he was not fully satisfyit, qwhilk his Lordship promised to doe at his back-coming; and lykewayes, having demandit why his Lordship’s kirks were not plantit, and why he resortit not to the preaching at the ordinare tymes in paroche kirks? To the first he answerit, that the non-planting of his kirks proceeds upon the not giving licence to the parsones of the saids kirks to renew his tacks, conforme to the promise made to his Lordship be the Commissioners of the Assemblie, at the tyme his Lordship grantit to ane augmentatione of the rent of the said kirks. As to the second, he could not well resort to the paroche kirk, partly in respect of the meine rank of such as were within the paroche, and pairtly in respect his Lordship’s predecessors were in use to have ane chappell in their awne house, qwhilk he was myndit to prosecute now, seeing he was presently prepairing his house of Strathbogie. The said Mr George being demandit, why he made no longer residence with his Lordship, conforme to his Commission, answerit, he could not, because the Marques of Huntlie was upon his voyage southward, at his Majestie’s directione, for reconciliatione of the feud betwixt him and the Earle of Murray, qwhilk feud was the cause why his Lordship could not communicat.
Being callit lykewayes, Mrs Alexander Lyndsay and William Cowper, Commissioners appoyntit be the last Assemblie to await upon the Earle of Erroll for the effect forsaid, compearand, Mr Alexander Lyndsay declareit, that he had awaytit upon the said Noble Lord dureing his remaining in the Carss of Gowrie, and that he fand him ane diligent hearer of the word; and having requirit of him, if he doubtit of anything, his Lordship answerit, that, at the tyme of his reconciliatione, he did the samen unfainedly, and had casten all scruples away. As concerning the planting of his kirks, that he had provyded the samen of his awne benevolence, and that he wold communicat at such tyme as the samen should be administrat at any of his awn kirks, whereat his residence should be for the tyme.
Being callit, Mrs John Spotswood and James Law, Commissioners appoyntit to await upon the Earle of Angus, Mr John Spottswood excused himselfe, because he was direct be his Majestie to awaite upon the Duke of Lennox in his ambassadrie to France, in respect qwhereof, Mr James Law being appoyntit Commissioner conjunctly with the said Mr John, could doe nothing him alone; but because it was reportit be the haill brethren of these parts qwher the said Earle does haunt, that he did neither resort to the hearing of the word, nor participatione of the sacraments, but, be the contrair, intertaint profest enemies to the religione in his company, such as Mr Charles Broune; therefore, to advyse in the conferrence for remead thereof.
Being callit, Mr John Carmichaell, Commissioner appoyntit to awayt upon my Lord Hoome, declareit, that he execute no part of his Commission, be reason of the saids Lord’s absence furth of the countrie. The lyke excuse was usit be Mrs David Lyndsay and John Hall, qwho were appoyntit for my Lord Herres, in caice he repairit to Edinburgh, declarit to remaine a schort space in the said towne.
Anent the Commissioners appoyntit be the last Assemblie to await upon the constant platt, my Lord Collector being present, declareit that the stay of that wark proceidit upon the default of the presbytries, qwho, for the maist part, had neither returnit ane answer of his Majestie’s letters, direct be his Commissioners, of the constant platt without the qwhilk they could not proceed, and therefore the Assembly ordaynes such as had not reportit their answers, to produce them the morne.
Anent the Commissioners appoyntit for visitatione of presbytries, the Assemblie ordaynes them to give in their diligence in write the morne, that the samen may be tryit and considerit be the Assemblie, and because there hes been slackness, or no executione of such Commissioners in tyme bygane, be reason of carelessness of such as were appoyntit to accept the same; Therefore it is ordaynit, that in tyme comeing, such as shall be appoyntit Commissioners on them, and promise be their oathes in the face of the Assemblie to doe their faithfull and honest diligence in the executione thereof, and to report the same to the next Assemblie, in wreit, under the paines contained in the acts of the Generall Assemblie, being callit be the Commissioners of the Generall Assemblie to give accompt of their proceedings sen the last Assemblie, they were ordaynit to give in their diligence in write the morne.
The qwhilks things being considerit be the Assemblie, it was thought most expedient that certaine qualified persones be chosen out of the ministry, for planting of such parts of the countrie as are destitute of the word of God, and specially, that qualified men be chosen out to be appoyntit ministers to the particular families of the said noblemen, and lykewayes that the cautioners of these that are suspect of religion, and were be his Majestie ordayned to pass off the countrey be straitit, conforme to their bond, and specially for Patrick Butler, Patrick Mortimer, and wthers, and themselves be lykewise charged for breaking of the said bond.
Sessio 3.
Anent the summonds raisit at the instance of the provinciall of Lothiane and Tweddall, against Dame Helenor Hay, Countess of Lithgow, makand mention, That in the proces of excommunicatione led and deducit against her, be the presbytrie of Lynlithgow, she had made appellatione from the said presbytrie unto this present Assemblie, and therefore ordayning her to be summoned to compeir before this Assemblie, the third day thereof, to prosecute her appellatione, with certificatione, and schoe failziet, the Assemblie wald allow of the proces led and deduced against her be the said presbytrie, as at mair lenth is contained in the saids summonds, of the date, at Edinburgh, the 3d of Nov. 1602:—the samen being callit, the Assemblie continowes the same in the selfe same force and effect to the morne.
The brethren appoyntit for visitatione of the presbytries in the last Assemblie qwho were ordaynit this day to produce their diligence in wreit, being callit, compeirit Mrs David Lyndsay and John Spottswood, Commissioners for Clydsdaill, Mr Andrew Knox, for Aire; Mrs James Nicolsone and Robert Harvie, for Fyfe; Mr Robert Durie, for Orknay; and Mr George Gladstanes, for Cathness; and producit their diligence in wreit. The rest of the Commissioners either were not present or had done no diligence: Qwhilks diligences producit, the Assemblie ordaynit to be visited be the brethren, Mrs John Hall, Walter Balcanquall, Patrick Walkingshaw, Archibald Moncreiff, and James Andersone, and thereafter to report what they have found in it to the haill Assemblie.
The said day, the Commissioners qwho were appoyntit in the last Assemblie, for planting of burrow townes, vaikand and waitand upon his Majestie, qwho were ordaynit this day to produce their diligence and proceedings in wreit, to the effect they might be tryit be the brethren, and either allowit or disallowit, conforme as they deserved,—being callit, they compeirit; and in name of the rest, Mr James Nicolsone, minister at Meigle, producit their proceedings in wreit, qwhilk being openly read in presence of the haill Assemblie, and the brethren being demandit be the Moderator, if they had anything to say against the same, or against them in any other head therefore; after the particular votes of every ane of the Commissioners was speirit, the Assemblie allowit of the saids proceedings, and thanked God for the same.
The qwhilk day, the brethren conveint in this present Assemblie, having considerit nothing is more necessare for the advancement of God’s glory, and his trew religione within the same, than that the chieff rowmes and places within the countrey, such as are noblemen’s houses and families, be plantit with learnit and discreit pastors, able not only to instruct and confirme the saids noblemen, their wives, children, and families, in the trew fear of God and sincere religion presently profest within this realme, but also qwho may be their provident care and diligence, procure that the families of such noblemen be not corruptit with the company of profest Papists, Jesuites, and wthers Seminary Priests, qwho goes about daily to smore and put out the sparks of trew religione and knawledge of God kindled in the saids noblemen’s hearts; and because presently such men cannot be found to undertake the charge of the said noblemen’s families, as said is, Therefore, the Assemblie hes thought good, that for a tyme, brethren meitest for the purpose sould be borrowit from their awne places, to remaine for the space of ane quarter of ane year, continwally with the saids noblemen, be qwhais labours in the meantyme, qwhill ane constant and permanent provisione may be found out for planting of these roumes, the saids noblemen and their families may be confirmit in the truth, and the enemies thereof debarrit from their companies, and thereafter to returne to their awne charges: And in the meantyme, that the presbytries take order that their places be furnischit dureing their absence, and therefore they have elect and nominat the brethren following, to await upon the saids noblemen dureing the space foresaid, viz. Mrs William Scott, minister at Kennaqwhy, to remaine with the Marquess of Huntlie; for the Earle of Erroll, Mr Alexander Lyndsay; for the Earle of Angus, Mr James Law; for the Laird Hoome, Mr James Carmichaell; for the Laird Maxwell, so long as he remaynes in the Castle of Edinburgh, Mr Henry Blyth; for the Lord Heres, Mr Robert Wallace; for the Lord Semple, the Presbytery of Irvine, during his residence within the same; and in caice he remaine within the Presbytrie of Paisley, the said Presbytrie to awayte upon him: and lykewyse for the Earle of Sutherland, the Presbytrie of Edinburgh, because he makes residence within the same: And in caice any of the noblemen make their residence any tyme in Edinburgh, or within the Presbytrie thereof, the Assemblie ordaynes the Presbytrie of Edinburgh to direct two brethren of their number, with the like power as the brethren above specifeit, to awayte upon every ane of the saids noblemen that shall be found resident within their Presbytries; qwhilks brethren forsaid, and every ane of them, shall receive the articles in wreit frae this Assemblie, wherein they shall travell with the saids noblemen; qwhilk articles the Assemblie ordaynes to be pennit be Mrs James Melvill, James Nicolsone, Patrick Galloway, William Scott, and Alexr Lyndsay, to be given in the morne to the Assemblie, that the brether may consider the same, the tenor qwherof follows:
Instructiones for the Brethren appoyntit be the General Assemblie to attend upon the Noblemen above specifeit.
1. First, ye shall adress yourselves with all convenient diligence and necessar furniture to enter in the companie and families, and there to remaine still with them for the space of three moneths continuall, dureing the qwhilk tyme your principall care shall be publick doctrine, by reading and interpretatione of the Scriptures ordinarly at their tables, and by conferrence at all meit occasions, to instruct them in the haill grounds of trew religione and godliness, speciallie in the heads controvertit, and confirme them therein.
2. Take paines to catechise the families ordinarly every day, ance or twyce at the leist, or so oft as may serve to bring them to some reasonable measure of knowledge and feilling of religione, before the expyring of the tyme prescryvit for your remaining there, and let this action begin and end with prayer.
3. Preass to have their houses purgit of all persons living inordinatly, qwhais ill example might be a sclander to their professione, specially such as are of suspect religione, and found any wayes bussie in traffiqueing against the truth and quietness of the estate of the countrey, and be carefull to hold all such persones forth of their houses and company.
4. Travell to have the kirks plantit with sufficient provision of stipends and well qualified persones, and procure that be authoritie and assistance, the discipline of the kirk may have execution within their bounds.
5. Persuade them to make honest provisione of stipends for the intertainment of resident pastors at their houses and chiefe dwelling-places, and to make choice of learnit, grave, and wyse pastors, to be plantit thereat.
6. Wrge the performance of the articles agriet upon and subscrivit at the tyme of their reconciliatione, and registrat in the books of the Assemblie, qwherout of ye shall extract them.
7. Informe the King’s Majestie from tyme to tyme how they have profited, and what company resortes to them, and qwhat dispositione their company is of.
Qwhilks articles being read in audience of the Assemblie, the brethren approvit the same, and ordaynit them to be insert, with the commission given to the ministers appoyntit to remaine with the saids Lords, in the books of the Assemblie.
The brethren appoyntit to visite the diligence of the visitors appoyntit in the last Assemblie, finds fault that in all their diligences producit, except of Caithnes and of Fyfe, the visitors hes not exactly tryit the lyfe, doctrine, and conversations of every minister at his awne kirk and be his awne flock, but nakedly and slenderly by a generall view of the Synodall Assemblie, qwhilk the Assemblie finds fault with, and ordayns it to be mendit in tyme coming.
The qwhilk day the brethren conveint, having ryplie weyit how necessar it is that ane generall visitatione be for inquyrand in the life, doctrine, and conversatione of every ane of the ministry in particular, the qwhilk, albeit it was committit to the charge of visitors appoyntit to the last Assemblie, nevertheless they, at the leist the maist of them, hes done small or no diligence in the executione of that profitable wark committit to their charge, excusit partly be infirmitie and sickness, and partly be wther necessar effaires qwherein they were imployit as they alleadgit: Therefore the Assemblie, not willing that such a necessar and profitable wark sould want their awne good execution, hes nominate, and be thir presents nominats the brethren following their very lawfull Commissioners, for visitatione of the bounds underwritten, every ane of them for their awne parts as they are particularly designit, viz., for Orkney, Mr Robert Pont; for Caithnes and Sutherland, Mr George Gladstones, Mr Alexr. Rawsone; for Ross, Mr David Lyndsay; for Morray, Mr Peter Blackburne, Abraham Sybbald; for Aberdeen, Mrs Wm. Scott, Alexr. Lyndsay; for Angus and Marnes, Mrs Robert Wilkie, James Melvill; for Perth and Striviling, Mrs James Martine, James Dalgleisch; for Fyfe, Mrs James Nicolsone and Robert Howie; for Lothiane, Mrs Patrick Scharp, John Cowper; for Merss and Teviotdale, Mrs John Carmichaell and James Law; for Clydsdaill, Mrs John Spottiswood, William Arthure; for Aire and Irving, Mrs Andrew Boyd, John Hay; for Nithsdale and Annandale, Mrs John Knox, Patrick Schaw, John Smith; for Galloway, Mrs John Welsche, Hew Fullertone; for Argyle, Mrs Andrew Knox, Andrew Lambe: Givand, grantand, and committand unto them conjunctlie, and in caice of sickness of any ane of them, with power to the wther, &c., to try the brethren of the ministry within the bounds particularlie committit to every ane of their charges respective, in their lyfe, doctrine, qualificatione, and conversatione, and how they behave themselves touching the rents of their benefices, qwhether they haue sett tacks of the samen, but consent of the Generall Assemblie or not, and so incurrit the sentence of dilapidatione; with power, also, to try the Presbytries within their visitationes, if they have keepit their ordinarie conventiones and particular visitationes of their awne kirks, and wsit and exercisit all things as pertaines to the Presbytrie; with power, also, to them to try every particular congregatione within the bounds committed to their visitatione, and generally, to try every ane of the ministers, presbytry, and congregatione, conforme to the particular order of visitatione sett down in this Assemblie; and in caice any fault or enormity be found be them in any of the saids visitationes committit to them, with power to censure the same according to the act of the Generall Assemblie; and as they proceed in their said visitatione, that they report their haill proces and diligence to the next General Assemblie, promitten de rato.
Sess. 4a.
The said day it being considerit be the Assemblie, that for inlaike of ane constant and uniforme order of visitatione of synods, presbytries, and particular kirks, the labours and travells taken hitherto hes been almost unprofitable, Therefore, that ane solide order may be generallie observit in visitationes in all tyme coming throughout the haill kirks within this realme, the Assemblie ordaynes the brethren following, viz., Mrs Robert Pont, Patrick Galloway, James Carmichael, William Scott, and Alexr. Lyndsay, to advyse anent the subject of visitationes, and they forme ane order of proces that shall be wsit in the same in all tyme coming, and to produce the same in wreit to the Assemblie the morne.
The qwhilk day the brethren having considerit the great travells and paines taken in [be] their brother, Mr John Howisone, in answering to Bellarmine in three sundrie volumes, and how profitable the same will be to the kirk of God, qwhilk he presentit to the Assemblie, desyring the same to be revysit be them, to the effect, if they be found worthy, they may be put forth in print, they appoyntit the said wark to be revisit by Mr Robert Howie, James Nicolsone, and James Robertsone; thereafter be Mr Andrew Melvill; and last, be Mrs Robert Pont and John Hall, and to report to the next Assemblie; qwhilks books are presently delyverit to Mr Robert Howie.
Anent the constant platt, the brether appoyntit to sitt thereupon with his Majestie’s Commissioners being demandit, qwhat effect their travells had taken in the same? they producit the conclusione of the commissioners of the said platt, resolving in three heads, out of the qwhilk ane should be chosen, as the most ready way for effectuating the said wark, qwhereof the tenor follows:
Overtures of the Commissioners of the Plat to be devysit with his Majestie.
If every minister’s stipends being assigned out of the fruits of the kirk qwhere he serves be the benevolence of the tacksmen, that they shall grant to the augmentation of the said stipend? If there shall be ane perpetuall securitie made be the saids tacksmen of their teinds upone ane speciall grissome, to be condescendit upon for ilk chalder, for the space of nynteine yeares, to be renewit yearly thereafter for the said space for the lyke grissome, upon this conditione, that the said principall tacksmen shall grant and renew the lyke securitie to their sub-tacksmen, for payment of their part of the said grissume pro rata, qwhere any sub-tacks are? Or if the great benefices shall be provydit to ministers upon this conditione, that all the kirks of the prelacies be plantit with sufficient ministers, and be provydit with competent livings, as the modifiers of the constant platt shall think expedient, and he to pay to the King’s Majestie yearly the tent-part of the fruits of the said benefice qwhilk shall rest, by and attour the sustentatione of the ministry, and that all the inferior benefices shall be provydit to ministers serving the cure of the saids kirks, alse well parsonages as vicarages? Or if all the great benefices shall be dissolvit, and the prelate to have the principall kirk of the prelacie, with the temporall lands thereof, and the rest of the kirks to be provydit with qualified ministers, and the said prelat and titulars of the saids kirks to pay ane yearly dewtie to his Majestie, as the benefice may beir at the sight of the Commissioners forsaids?
Qwhilks overtures being read in presence of the Assemblie, it was ordayned that every synod should have ane copie of them to be advysit therewith, until the morne, that they might give their advyce to his Majestie, qwhilk of [the] three were maist meet to be imbracit.
Anent the referres and petitiones of the Synod of Fyffe given in to this present Assemblie, to be advysit upon be the samen: the brethren nominats Mrs James Melvill, Robert Durie, John Carmichaell, William Scott, John Cawden, John Fairfull, James Nicolsone, Andrew Lambe, Robert Howie, Patrick Scharp, George Gladstanes, and John Spottiswood, to convene the morne at aught houres, and advyse upon answers for satisfaction of the said petitiones, and to report the samen to the Assemblie; qwhereof the tenor follows:
The Articles of the Synod of Fyffe.
1. It wald be meinit be the Generall Assemblie that they are not ordinarly keepit, notwithstanding of the acts of Parliament and Generall Assemblie, and necessitie of the tyme, but the dyats thereof alterit without the knowledge of the presbytries and synods.
2. That ministers are callit before his Hienes’ Secret Council, in prima instantia, for doctrine and discipline, qwhilk is ane great incouragement to the enemies.
3. That all applicationes in exercise of presbytries is found fault with, under the pretence of the act of the Generall Assemblie, the qwhilk act therefore wald be sichtit and cleirly interpreted.
4. That the government of the chief matters of the Kirk continows in the hands of a few number, under the name of a Commission, to the prejudice of the liberties of the Synods and Presbytries.
5. That the Doctors beiring ordinar calling in the Kirk, be the discipline and custome thereof, are debarrit from the Assemblies.
6. That the Assemblie hes taken no tryall, hithertill, anent the cautiones sett downe for avoyding of corruption in the Commissioners’ votes in Parliament.
7. That the absence of the pastors of Edinburgh, alteratione of the ministry thereof, qwhilk was the chief watch-tower of our kirks, hurts greatly the cause of religion and encourages the enemies.
8. That there is distractione in opiniones different from that consent of hearts, qwhilk hes been in the Kirk before, in weighty causes, and over little consideratione, deliberatione, and reasonyng had, qwherby conclusions pass, almost the halfe of the brethren gainsaying.
9. That the land is defylit, and the Kirk indamnadgit, be the French Embassador’s messe.
10. Excommunicat persones for Papistrie sufferit to haunt the countrey publickly and peaceablie.
11. That the noblemen lately releicit fra excommunication for Papistrie, gives no token of the profession of the truth, but raither the contrair.
12. That apprehendit Papists’ directions and letters are keepit closs, and the danger imminent thereby to the Kirk not communicat to the watchmen, whereby they may make the faithfull warning, and prevent the perrill.
13. That the discipline of the Kirk against murther, incest, and adulterie, is not pursued with that holy severitie that becomes, notwithstanding of the frequent remissions obtainit be criminall persones, for eschewing of civill punischment.
14. That the remedies sett downe againes apprehendit dangers at diverse tymes, and at diverse meetings of the Kirk, are not followit furth.
Anent the act made of before, against such persones as abstaines from the holy communione, either for Papistrie or collour of deidly feuds, The Assemblie ordayns that every ane of the ministry keep this order following within this Kirk, to witt, That he warne such persones be the space of {blank space} moneths before the communione to compeir themselves for the samen, qwhilk beand done, and they disobeyand, that every minister incontinent thereafter, send the names of the disobeyers subscrybit with his hand to ane of the King’s Majestie’s ministers, qwha shall intimate the same to his Majestie and his Hienes’ Thesaurer, to the effect that his Majestie’s Thesaurer may put the acts made against non-communicants to executione against them, and that every presbytrie command the ministers within their presbytrie to be diligent in the executione of this act.
Because it was meint be the brethren, that the supplicatione made in the last Assemblie to his Majestie anent the restrayning of noble and gentlemen’s sonnes, that passes furth of the countrey to such places qwher there is restrainit of the trew religion, Therefore his Majestie declairit, in presence of the haill Assemblie, that he wald give ane command to the Secretar that he sould subscryve no warrant for passing of noble or gentlemen’s sonnes furth of the country, except they first fand cautione conform to the tenor of the act made in the last Assemblie anent passing of gentlemen’s sonnes furth of the country.
The said day, the King’s Majestie having declareit that it was requisite that his Hienes had ane wther minister adjoynit unto his house, to the effect his Prince might be brought up in the trew religione, Therefore the Assemblie transports Mr James Nicolsone from the kirk of Meagle, and appoynts him to be minister at his Majestie’s house, to the effect foresaid, and ordaynes him to enter in the said functione betwixt and the 15th day of February nixt to come, under the paine of deprivatione, provyding he be first sufficiently provydit be his Majestie; and lykewayes ordaynes Mr Andrew Lambe to enter to his cure in his Majestie’s house, betwixt and the first of January nixt to come, under the said paine.
Anent the planting of the kirks of Edinburgh: John Robertsone and George Herriot, Commissioners for the said towne, being callit, declarit that for the present they had but three kirks, qwhilk already were plantit with sax ministers, and qwhen as their fourth kirk, qwhilk is presently bigging, is compleit, they would crave supplement of wther two ministers.
Sess. 5a.
The brethren appoyntit for penning the forme and subject of visitatione of kirks, gave in their advyce as followes:
The visitors shall appoynt two or three dayes for the tryall of every presbytry within the bounds of their visitatione, and be the space of ane moneth, or twenty dayes, at the leist, before their edicts, they shall make the presbytries acquaintit therewith, and send them the edict following, to be published at every paroche kirk be some other brother then the minister of the place, that it may be dewly execute, reportit, and indorsat, to the visitors at the first dyet of their meeting.
Let the edicts be so direct be the Presbytries that ane equall number shall be tryit in every ane of the dayes appoyntit for tryall of ilk Presbytrie, and the Commissioners of congregationes to be chargeit to their awne dyets accordingly.
Try the estate of every minister particularly, thereafter the estate of the congregations and countrie, and last the estate of the Presbytry in generall.
The particular Tryall of Pastors.
Try ilk Pastor seuerallie in his graces and habilitie to discharge his calling, in his furniture of books and necessare helps that may inable him in his calling, with what fidelitie and prudence he discharges himself in doctrine and discipline in his lyfe and the estate of his living. For this effect, inquyre first of the commissioners of his congregatione, what testimonie he hes of his awne sessione and remanent of his flock, and in speciall if he be resident in his parochine, upon his manss and gleib;—if his awne life and the goverment of his family be such as breeds no offence, but edifies his flock;—if he teaches every Sabbath ance or twyse, and if he teaches any wther dyets in the week;—gif he ministers the communion yearly with dew examinationes preceeding; if he hes ane established session of elders and deacons; if he keeps ane weekly conventione with his session for the exercise of discipline; if he catechises weekly ane part of his parochine; if he keeps ane ordinar visitatione of some families of his congregatione weekly; if he visits the sick and distressed qwhen occasion requyres; if he be carefull to take away all eylists and variances that falls out in the congregatione: Thereafter, if neid beis, let him be tryit be opening up some place of Scripture, and be questions; let it be inquyrit of him what helpe he hes for the advancement of his studies; if he hes the text of the Scripture in the originall languages, in caice he be sene in the tongues; if he hes Tremellius’ translatione of the Old Testament and Beza’s of the New, with the vulgar Inglish translatione; if he hes the Common Places; if he hes the Ecclesiasticall historie; what Commentaries he hes upon the Scripture, and speciallie upon his ordinar text; if he hes the Acts of the Councill of {blank space} and what wther wreits of the controversies of religione, and if he uses the conferrence of brethren for his reformatione in the doubts that he finds in his reading, and of qwhom; if he hes ane ordinary course of reading the Scriptures, ecclesiasticall stories, and controversies; if he maks any memorialls of his travells in wreit; what is his ordinar text; if he be provydit in title of the personage or viccarage, and if he have sett any tacks thereof, to qwhom and on qwhat conditione; in qwhois hands are the rents of his kirk, and qwhat is the best overture that he can give for provisione of a stipend thereat, in caice it be not already sufficiently provydit, and sicht the Sessione Book. The breither beand removit, let the Presbytrie be inquyrit ane by ane, and declare wpon their conscience qwhat they knaw anent his graces, fidelitie in doctrine and discipline, and anent his lyfe and conversatione: after the qwhilk tryall let him be judgit, and either allowed or admonisched, or wtherwayes censured, as the cause requyres.
The Tryall of the Congregationes.
Try every minister particularly if there be any Jesuites, Papists, Seminarie Priests, traffiquers against the estate of Religione and quietness of the country, within their congregatione, or resetters of them: if there be any witches, excommunicats, contraveeners of the discipline of the Kirk; if there be any superstitious dayes keepit be setting out of banefires or wtherwayes; if there be any superstitious places of pilgrimages, walls, and chappells; if there be any non-communicants; if there be any homicides or deadly feuds; if there be any adulterers or incestuous persones; if the Sabbath be profaned be keeping of mercats and labouring, specially in tyme of harvest: and as they finde in the premisses, to take order for reformatione of the poynts forsaids.
Tryall of the Presbytries.
Let the Moderator be inquyrit if they keep up ordinar conventions; if they have the monethly discourse upon the common heads and disputationes; if they visite the haill kirks within their bounds sen the last generall visitatione; if they take weekly and monethly accompt of their breither’s diligence in the discharging of their dewtie be teaching and visiting of their families, and such lyke; if there be any of the number that be insolent and will not acquiesce in the determinationes of his brethrene; if there be any eylist or divisione amang the brethren; qwhat unplantit kirks are in the bounds.
Qwhilk forme the Assemblie thinks good, and ratifies and approves the same, and ordaynes it to be universallie observed in all tyme coming in all visitationes within this realme, and ordaynes the power of the visitors to be direct conforme to the acts of the Generall Assemblie.
The said day, the brethren appointit to visite the petitiones of the Synodall of Fyffe condescendit upon the answers following:
Answers to the Petitiones of the Synod of Fyffe.
1. Finds that the Generall Assemblie should be appoyntit to be keepit according to the act of Parliament, halden at Edinburgh the 5 of June 1592 years, qwherof the tenor followeth, so far as concerns that poynt: “And sicklyke ratifies and approves the Generall Assemblies appoyntit be the said Kirk, and declares that it shall be lawfull to the Kirk and ministers every year, ance at the least, and oftener, pro re nata, as occasion and necessitie shall requyre, to hald and keep Generall Assemblies; provyding that the King’s Majestie, or his Commissioners with them, be appoyntit be his Hienes, being present at ilk Generall Assemblie before the dissolving thereof, nominat and appoynt ane tyme and place qwhen and qwhere the next Generall Assemblie sould be; and in caice neither his Majestie nor his saids Commissioners beis present for the tyme in that towne qwhere the Generall Assemblie beis halden, that in that caice it shall be leisume to the said Generall Assemblie be themselves to nominat tyme and place qwher the next Generall Assemblie of the Kirk beis keepit and halden as they have been in use.”
2. If his Majestie shall proceed against ministers according to his Majestie’s awne declaration made and inactit in the Generall Assemblie halden at Dundie {blank space} Session 10, the desyre of the second article is satisfyit, and no wther thing meinit therby.
3. Thinks it expedient that the Act anent the applicatione in the exercise be interpret not to forbid the wseing of the word of God in applicatione to the generall ends thereof, qwhilk is lawfull to exercise after this manner. This head of doctrine serves for refutatione of such ane error, for the rebuke of such ane vyce, for comforting of a person or people in such a case; and as for particular and personall applicationes, leaves it to be advysit qwhither it shall be in tyme coming or not, and how far any thinks good that this be reasonit in the Presbytries, and then commission sent with their reasons to the next Assemblie thereanent; and, in the meantyme, no invocatione to be wsit anent personall applicationes.
4. Let all commissiones be giuen and wsed from this furth, according to the four acts of the Generall Assemblie.
5. Finds that doctors hes had, and may have, vote in the Generall Assemblie, they havand ane lawfull commissione for that effect, according as it hes been found and declarit be the Generall Assemblie halden at Edinburgh 10th Maii 1586, and at {blank space} 1581, qwher it is found and declareit be the act of the Generall Assemblie, that doctors should concurr with the elders as brethren in all Assemblies.
6. Let the caveats be lookt to and precisely keepit in tyme coming, under the paines contained in the acts made thereanent answerit in the Assemblie.
7. Acquiesces in the declaratione of the brethren that hes spoken to his Majestie thereanent, and desyres Mr Walter Balcanquall to schaw the same to the Assemblie, and how the Presbytrie of Edinburgh is satisfyit in this poynt.
8. Let their names be given up, that his Majestie may take order with them according to the lawes, and in speciall with Captain Halkerstoune, Patrick Butler, Mr Alex. Leslie, Duncane Law, Thomas Browne, William Leslie, Patrick Mortimer.
9. Endit in the Assemblie.
10. To acquiesce in his Majestie’s declaratione hereanent, and requests his Majestie that the Presbytries be acquainted hereafter, in such case qwher it shall be needfull.
11. Where there is negligence in this poynt, let it be amendit hereafter, according to the acts of the Assemblie.
12. Let farther diligence be wsit, qwhare negligence hes been.
Qwhilks answers the Assemblie allows of, and ordaynes them to be insert in the books of the Assemblie.
The qwhilk day the Generall Assemblie havand advysedly considerit the necessitie of appoynting Commissioners from this present Assemblie, not only to await upon such affaires as shall be for the weill and utilitie of the Kirk, but also to giue advyce to his Majestie anent the halding furth of the enemies of the same, qwhen they shall be requyrit be his Majestic thereto; Therefore the brethren convenit in this present Assemblie hes giuen and grantit, lyke as they, be the tenor heirof, giues and grants their full power and commission to the brethren under written, viz. Mrs Robert Pont, David Lyndsay, George Gladstanes, David Hoome, John Clappertoune, John Knox, John Spotswood, Alexander Lyndsay, Robert Howie, John Hall, John Caldcleuch, John Strachan, Andrew Knox, Gavin Hamilton, James Law, Andrew Boyd, Alexander Dowglass, Alexander Forbes, Andrew Leitche, Robert Wilkie, Patrick Scharp, Peter Blackburne, and Patrick Simsone, with the King’s Majestie’s ministers, or any nyne of them,—Givand, grantand, and committand to them their full power to plant such kirks in Burrowtownes, as is or shall be destitute of pastors: Attour, if it shall happen the King’s Majestie to be greivit at any of the ministers for qwhatsoever enormitie committit be any of them against his Hienes, with power to them, or any nyne of them, as said is, to try and cognosce thereupon, and to take such order thereanent as they shall think meit, to the glory of God and weill of the Kirk; and, finallie, with power to them to present the grieves and petitiones of this present Assemblie to his Majestie’s secret Councill and generall Conventione of Estates and Parliament, if any shall happen to be, and to crave redresse of the samen—promitten de rato.
The said day, the Assemblie, considering that the conventiones of the people, especiallie on the Sabbath day, are very rare in many places, be distractione of labour, not only in harvest and seed-tyme, but also euery Sabbath, be fisching both of whyte fische and salmond fisching, and in ganging of milnes of all sorts on the Sabbath day, under the payne of incurring the censures of the Kirk, and ordaynes the Commissioners of this present Assemblie, to meine the same to his Majestie, and to desyre that ane pecuniall paine might be injoynit upon the contraveiners of this present act.
Anent the overtures giuen in be the Commissioners of the constant platt, with the qwhilk the brethren were ordaynit to be advysit: after mature deliberatione and voteing, the Assemblie thinks the second overture most expedient to be acceptit, bearing the provisione of ministers to all prelacies, with the conditiones therein contenit, as is above exprest.
Anent the planting of the kirks within the bounds of Annandale, qwhilks hes been desolate continually, sen the reformatione of religione within this realme, after that the King’s Majestie had made declaratione of his godly intentione thereanent, how that his Majestie was myndet to cause the barrones and gentlemen of Annandale, at their compeiring before his Hienes, qwhilk will be schortly, find sufficient cautione and seurtie for provisione of reasonable and competent livings to every ane of the kirks within the bounds of Annandale, and therefore desyrand that ane number of qualified men may be provydit for to enter in the ministry at the kirks within the saids bounds.
The Assembly ordaynes every ane of the Commissioners present to give in the names of such persones qwho are vaikand within their presbytries, and willing to enter in the ministry, to the effect they may be exhortit and earnestly dealt with be the Commissioners of the Generall Assemblie, qwho shall plant them in places they think maist meet, for to accept upon them the cure of the saids kirks, how soone sufficient provisione may be found out for them, and security for themselves; and in caice that after all the discretione be wsit with them, they then refuse to accept the saids callings upon them, the Assemblie declares that they shall be counted incapable of the functione of the ministry, ay and qwhill they meine themselves to the saids Commissioners, qwhais calling and directione they refuised, and be content to be employit in any part qwher they shall think expedient; and in caice they be already actuall ministers, and crave transportatione, if they refuse to be transportit to any of the saids vaikand kirks, the Assembly finds that the liberty of transportatione sall be denyit unto them, so that they shall remaine at the saids kirks, from the qwhilks they crave to be transportit.
The names of those that are vaikand.
Brechine.
Mrs Henrie Fullartone.
Thomas Hague.
Mr Dougal Campbell.
Aberbrothock.
Mr Thomas Glover.
Dundie.
Mr David Lyndsay.
Mr John Scrymgeour.
Mrs Wm. Wedderburne.
Peter Bruce.
Mrs David Wilkie.
David Kynneir.
Perth.
Mrs Thomas Ross.
James Ross.
Mrs Alex. Balnauis.
Patrick M‘Gregour.
Merss.
Mrs John Spottswood.
John Gibsone.
Mr Wm. Struther.
Irvine.
Mrs Robert Boyde.
James Montgomrie.
Mrs Mal. Hamiltoun.
Rot. French.
Lanrick.
Mrs George Clidesdaill.
David Lyndsay.
Mr David Rodger.
Acta Sessione 6.
Anent the supplicatione given in be Alexander Stewart of Gairlies, Provost of Dumfries, in name and behalf of the councill and commontie of the said towne, makand mentione, that qwhere [be] the transportatione of Mr Hew Fullertone, sometyme minister at their said kirk, the estate of their congregatione is altogether desolate in such sort, that for inlaike of ane pastor qwho should attend upon their flock, and to caire the weill of their soules, they are not only depryvit of the spirituall food and comfort of the word, but also their towne is become ane seat of excommunicat Papists and Jesuites; desyrand therfor this Assemblie to consider their miserable estate, and to provyde some qualified men to be their pastor; and in speciall, ane of the leits given in be them, viz. Mrs David Barclay, Wm. Arthure, Alex. Scrymgeour, Wm. Watsone, or Hew Fullartone; promising that not only they wald be reverent hearers of the word, but also that they wald assist and concur with him that shall be nominat to be their pastor, in the executione of discipline of the Kirk to the uttermost of their power; as at maire lenth is containit in their said supplicatione: The Assemblie, after voteing, hes chosen Mr Wm. Arthure to be minister at Dumfreis, quham they ordaine and appoynt to be minister at the said kirk, after incalling upon the name of God.
The said day it was thocht good be the brethren, to be meinit, that notwithstanding his Majestie’s good meaning and intention to have all the kirks within this realme sufficiently plantit with ministers with competent livings appoyntit for them, and albeit it was provydit be the act of Februar, and approvit in Parliament, that all the thirds of the benefices sould be applyit to the wse of the ministry ay and qwhill the kirks were plantit, and that, pensiones given in prejudice thereof should be null, yet be importune suiting, ane great part of the saids thrids are disponit in pensione, to the great hinderance not only of the present provisione of the ministry, but also of the constant platt qwhilk his Majestic intends; desyrand therefore that his Majestie were informit thereof, and tak such order that the saids dispositiones made in contrair the said act of Februar should be retreatit, and that command sould be given to the modifiers of the platt of this instant year, to assigne out of the saids pensiones for planting of kirks, notwithstanding of the saids dispositiones: The qwhilk his Majestie maist willingly grantit, and promised to stay all further giftes in all tyme coming.
Item, The Assemblie thocht expedient to adjoyne and nominat wthers out of the number of the brethren to be adjoynit to these, qwhilks were nominat be the Commissioners of Provinces conveint at Halyrudehouse, the 15th of October 1560, out of the qwhilk number his Majestie should make choyce of such as he should present to the benefices vaikand. The names of them all are as follows: Mrs Robert Pont, Robert Howie, James Nicolsone, Alexr. Scrymgeour, John Forbes, Gavin Hamilton, George Munro, James Robertsone, John Howiesone, James Melvill, Andrew Knox, Patrick Galloway, Alexr. Douglass, Alexr. Lyndsay, Robert Wilkie, John Spotswood, William Malcolme, Alexr. Forbes, John Knox, Andrew Lambe, John Clappertone, George Grahame, Robert Bruce, John Carmichaell, Patrick Lyndsay.
Anent the request made be the moderator, in name of the haill Assemblie, to his Majestie, in favours of Mr Robert Bruce: his Majestie declarit that he wold doe in that matter be the advyce of the Commissioners of the Generall Assemblie, and Mr Robt. be his awne behaviour should give him occasione; and because Mr Rot. Bruce had be his missive direct to his Majestie before his departure off the countrie, as also by the ratificatione and farther examinatione and explanatione thereof, in write, at Perth, the 26th of July 1602, declareit his resolutione of his Majestie’s innocencie, and guiltiness of the Earl of Gowrie and his brother, and promised to direct the people so farr as in him lay, from their lewd opinions and uncharitable constructiones anent his Majestie’s actiones, namely, in this turne; Therefore, his Majestie desyrit the determinatione of the Assemblie, qwhither, if the said Mr Robert sould likewise make the same declaratione in pulpit, according as it is at lenth sett downe in the said missive and explanation thereof, at Perth, qwherof the tenor follows:
Please your Majestie: Hearing that your Majestie was nothing relentit of your wrath against me, and now being upon the poynt to schaw my obedience to your Majestie’s last charge, I could not omitt this as my last dewtie, to intreat your Hienes’ clemencie, and to mitigat the extremetie of this intendit wrath. I am not ignorant that the wrath of the Prince is the messenger of death; so that I crave that the Lord for Christ’s sake may add his blessing and work effectually in your Grace, as he shall see expedient for his own glory and your Majestie’s perpetuall preservatione. Then to be schort: To schaw my conformitie with the rest of my brether of the ministry, as at all tymes, so now especially, to schaw my reverence to your Majestie, and to clear my suspectit affections herein, I offer to give to the Father of our Lord Jesus Christ, in him, and through him, most hearty thanks for all your Majestie’s deliveries, from your cradle to this present houre. But namely, for that deliverie qwhilk he delyverit to your Majestie, in St Johnstoune, on Tuesday the 5th of August, farr above all your Majestie’s deserts, and your Majestie’s expectation. I offer also to steir vp the people to that same dewtie, and attour to divert the people so farr as in me lyes, from their lewd opiniones, and uncharitable constructiones of your Majestie’s actions,—namely in this turne. Finallie, there is no dewtie that your Majestie can crave of men, without the manifest offence of God, and hurt of my own conscience, but I will doe it with alse good ane heart as ever I did thing in the earth: That if by any meanes I might testify my good affectione toward your Majestie my Sovereigne, and to enjoy my naturall air, and such wther comforts as the Lord hes given me under your Majestie’s reign, qwhilk I most humbly crave of your Majestie—beseekand the Lord to move your heart hereunto for Christ’s sake: So waiting of your Heines’ answer in all humility, I take my leave.—Sic subscribitur.
Mr Robt. Bruce.
And upon the back thereof, “At Perth, the 26th of June 1600. Farther, concerning the heids within containit, I am resolvit of his Majestie’s innocencie, and the guiltiness of the Earle of Gowrie and his brother, according as it is declareit be the act of Parliament, and therefore acknowledges the great mercy of God towards his Majestie’s haill Kirk and countrie; in his Majestie’s delyverance, for the qwhilk I thank God from my heart.—Sic subscribitur.
Mr Rot. Bruce.”
The qwhilk, the haill Assemblie, after voteing, thought not onlie reasonable, but also concludes that the said Mr Robert aucht to doe the same.
Anent the supplicatione given in be Mr Robert Pont, minister at St Cuthbert’s Kirk, desyrand, in respect of his great age, and long travells taken in the Kirk of God, and continwall seikness qwhilk followeth age, that he might be relieved from the ordinare burden of teaching, upon condition that he shall substitute ane in his place when as through infirmitie he sould not be able to teach himself: The Assemblie thinks his sute reasonable, and therefore condescendit unto the same.
Item, Because his Majestie declarit that he was informit that sundry of the ministrie neglectit that part of their duty towards his Majestie in not giving thanks to God for the wonderfull delivery of his Majestie from the treasonable attempt at St Johnstone of sometyme John Earle of Gowrie, and his brother, upon every fifth day of August: Therefore the Assemblie statutes and ordaines that in all burrow townes within this realme there be ordinar teaching and preaching every Tuesday, in remembrance of the delyverie of his Majestie that day of the week, and that every fyfth day of August there be preaching within every paroche kirk within this realme, to burgh and land, thankand God of his Majestie’s delyverance that day of the moneth; and because the people in landwart parochines cannot so easilie be conveint as in the burrow townes, therefore, and for better convening, it is ordainit that every minister at the landwart kirk shall, upon the Sunday preceding the 5 of August, make intimatione to his parochiners to convene the said day in the kirk with him, to give God thanks for his Majestie’s delyverance. And to the effect that all ryotousness, drunkenness, and wther filthie exercises, may be restrainit, his Majestie promised to cause all insolencie in behaviour to be dischargit and forbidden yearly, be open proclamatione, and magistrats to take order with the contraveiners thereof.
Item, The Assemblie ordaynes that no marriages be celebrate early in the morning or with candlelight, and finds lykewayes that it is leisum to celebrate the said band of marriage upon the Sabbath day, or any wther preaching day, as the pairties shall requyre and think expedient: and ordaynes the same to be indifferently done, and that no ryotousness be used at the same upon the Sabbath day.
Item, It is statute that the sacrament of baptisme be not refusit to any infants if the parents crave the same, he givand ane Christian confession of his faith, upon any wther particular pretence, and specially, that baptisme be not delayit to certaine particular dayes.
Anent the supplicatione given in be Mr Edward Bruce, Abbot of Kynloss, makand mention, that qwher he havand ane tacke and assedatione of the kirk of Tarbet, sett be Mr John Monro, and lykewayes be Mr David Lyndsay, Bishop of Ross, the yearly dewtie qwherof, albeit it extends only to the soume of two hundreth punds, neverthelesse he, for the better intertainment of the actuall minister at the said kirk, hes condescendit to convert the said soume of twa hundreth punds in twa chalders of bier for ane constant stipend to the said minister and his successors, ministers at the said kirk of Tarbett, upon conditione that the ministers of the Presbytrie of Rosse, qwhilks are of the chapiter of the said bishoprick, wald ratifie and approve this tack of the said kirk, qwhilk they wald willingly doe, provyding the Assemblie’s consent were obtainit thereto, as at mair lenth is contained in the said supplicatione: The Generall Assemblie ratifies and approves the said tack and assedatione, sett to the said commendator of the said kirk of Tarbett, alse weill be the said Mr John Monro as be the said Mr David Lyndsay, and ordaynes the brethren of the presbytrie of Ross, qwho are members of the said chapter, to consent to the same be their subscriptiones, because they understand the said kirk to be sufficiently plantit be the moyen forsaid.
Anent the supplicatione given in be Mr Patrick Carmichaell, minister at Aberdour, makand mention, that qwher the Assembly halden at Montrose in Marche 1600 years, it was concludit that Mr William Patone should serve the cure of both the kirks of Aberdour and Dalgatie, and for his service sould uplift the old stipend of baith the saids kirks, ay and qwhill sufficient provisione be made for planting of both the saids kirks; and trew it is that the said complainer is now plantit minister at the said kirk of Aberdour, desyrand, therefore, to cause the half of the said stipend to be dimittit to him be the said Mr William in respect of his service at ane of the saids kirks: The Assemblie finds and decerns the haill stipend controvertit, to pertaine to Mr Wm. Patone, minister at Dalgatie, conforme to his assignatione of the cropt 1601, except the viccarage of Aberdour, qwhilk they adjudge to pertaine to the said minister of Aberdour.
Anent the supplicatione in the north paroche of Leith, makand mention, that qwher the Presbytrie of Edinburgh hes erected the said north paroche in ane parochine, qwhilk is also approvine be the Synod of Lowthiane, desyrand, therefore, the ratificatione of the Generall Assemblie unto the same: The Assemblie ratifies and approves the erectione of the same in all poynts.
Anent the supplicatione giuen in be the inhabitants of the ferrie of Scottscraig, Garpat, Shannwell, and Muirtaine, makand mention, That they being a great multitude, and farr distant from their paroche kirk of Leuchars, they, with common consent of the haill parochiners, Presbytrie of St Androis, and Synod of Fyffe, had erectit ane paroche kirk in the said Ferrie, and almost compleited the same, for the commoditie and use of the people most adjacent thereto, and to give power to the Presbytrie to annex sic villages as are most adjacent to the said paroch kirk: The Assemblie ratifies the erectione forsaid, and gives power to the said Presbytrie to the effect above written.
Anent the supplicatione giuen in be ane Noble Lord, Alexander Earle of Lynlithgow, makand mentione, That qwher it hes pleasit the brethren of the last Assemblie to relax Dame Helenor Hay, his spouse, from the sentence of excommunicatione, and to injoyne certaine particular conditiones to be observit be hir, qwhilks conditiones, albeit schoe, of the stubbornness of her heart, wold no wayes condescend unto, to his great grief and sorrow, nevertheless, the brethren sould have consideratione of his hard estate, who cannot, be no law, separate himself from her, notwithstanding that schoe refuises to hear and obey the wholsome voyce of the Kirk, calling her to grace in Jesus Christ; and that the rather because he himself, as he hes continuallie and constantly profest the truth and religione presently profest within this realme, so he hes used all means possible to bring his house to the trew knawledge of the same; Lykeas also he is ready in his power, be all good meanes to draw her to the truth; desyrand, therefore, the Assemblie to pity his dayly grief, and schaw him some favour in the mitigatione of her punishment, and staying of the censure of excommunicatione against her, that he be not compellit to remaine in societie with her that shall be cutt off from the society of the Kirk: The Assemblie having considerit the supplicatione, continows the sentence of excommunicatione against her unto the nixt Generall Assemblie, provyding that the King’s Majestie remove his Hienes daughter out of her companie, and lykewise that his Lordship’s bairnes be catechised in the truth, and that his Majestie give command to him to debarre all Papists from his house, and that in the meantyme his Lordship cause deall with his said spouse, to sie if by any meanes she may be drawne to the knawledgeing of the truth.
Sessio Ultima.
Anent the supplicatione giuen in be the brethren of the Synod of Glasgow, makand mention, That qwher albeit syndrie tymes they had discharged, be their acts, Mr George Symple, to have any medling with the ministry of the kirk of Killelane, for the causes and considerationes knawn to them, and speciallie for a great myslyking that specialls of the paroche had of him, nevertheless, he not only insistit in suiting of the said kirk, but also had obtaynit, be privie moyen, the consent of the Commissioners of the Generall Assemblie thereto, for planting of him at the said kirk, the saids brethren not being heard, nor their reasons in the contrair discusst, desyreing therefore their reasons to be heard, and after dew tryall, that the Assemblie wald give their finall sentence in the said matter, qwhilk they would obey: The Assemblie, after dew tryall, absolves the said Mr George from all evill crymes and eylists qwhilk were laid to his charge, either be the brethren of the said province, or be the parochiners of Killelane, and gives him, be thir presents, ane testimony of his honest behaviour; but in respect he was never fully plantit minister at the said kirk, and of the great mislyking that is betwixt him and sundrie of the saids parochiners of Killelane, as said is, they think it not good that he be plantit minister at the said kirk, and therefore ordaynes him to desist therfrae, and dimitt the presentatione made to him of the benefice thereof in favours of Mr John Cunninghame, qwham the Presbytrie hes thought good to be minister at the said kirk, upon conditione that the said Mr George be first satisfyit be the said Mr John for his said dimissione, paines and loss, susteinit be him in pleying of the same: Qwhilk satisfactione shall be presently modified be Mr John Cowper, arbiter chosen for the said Mr John Cunninghame, and Mr Robert Pont, arbiter chosen for the said Mr George Simple, and, in caice of variance, be Mr Patrick Galloway, as odsman and oversman chosen be both their consents: with provisione lykwayes that the said Mr George be first plantit at the kirk of Kirkbeane, or any uther place qwher his Majestie shall think expedient in the south-west parts, with sufficient provisione for his sustentatione thereat.
The said day, the Assemblie ordaynes Richard Browne to be transportit to the kirk of Holywood, and that the brethren deall with the Abbot for ane sufficient provisione to the said kirk, and in speciall Mr David Barclay, Mr Robert Hunter, and Mr Hew Fullertoune.
Item, The Assemblie ordaynes that, in all tyme coming, the licence be grantit to any beneficit persone to sett tacks, be restraint aither to ane lyferent tack, or to ane nynetein year tack allanarly.
Anent the supplicatione given in be Mr John Nicolsone of Lesswade, beirand, that qwher he was kindlie tacksman of the teinds of his awne lands of Leswade, in respect qwherof he had agreit with Mr George Ramsay, Deane of Restalrig, for renewing of his said tacks for payment of ane greater dewtie then they payit of before, so that the Kirk was sufficiently plantit, to the qwhilks the said Mr George condescendit, desyrand, therefore, the Assemblie to ratifie and approve the saids tacks, and declare the same alse sufficient as if ane speciall licence had been obtained thereto: The Assemblie ratifies and approves the same taks of the teinds of his awn lands of Lesswaid, and declares the samen als sufficient, as if a speciall licence had been obtenit therto.
Item, At the earnest sute of the Presbytrie of Clyddisdaill, Walter, Prior of Blantyre, tacksman of the personage of Glasgow, had condescendit to give the number of 15 chalder victuall, by and attour the dewtie of his tacks, for the better provisione of the ministrie at the said kirk of Glasgow, upon conditione that the present persone sould ratifie and approve his present tack that he hes to runne of the said teinds: The Assemblie thinks the conditione reasonable, and therefore ordaynes the persone to ratifie the same, and declares that the said Commendator shall not be farther troublit for any great provisione to the said kirk during his saids tacks, be nane of the ministry serving that cure.
Anent the propositione made in the Assemblie upon the priuat motiones of sundry particular brethren, from diverse parts to the Moderator, desyrand that a certaine number of the brethren of best judgement and experience should be put apart to consider of the chiefest dangers appeirand to the estate of religion and quyetness of the countrie, and of the principall causes thereof, and how the samen micht be most effectuallie preventit, with power to them to conclude and to communicat their best advyces to his Majestie thereanent, and to the Presbytries so far as shall be found expedient: The Assemblie finds the samen most requisite, and for the effect above-written, nominats, &c. with power, as said is.
The qwhilk brethren having at lenth communicat their informatione, together with their awne knawledge anent the premisses, Finds that ane of the chiefest causes of danger proceeds from the miscontentment of some malicious and wicked Papists, that rages and leaves nothing unessayit to trouble; for being out of all esperance to have his Majestie’s indifferent affection or oversight toward them and their religion during his reigne, and of others that be the executione of justice finds themselves or their friends and their houses to have sustainit any losse, and to be impairit of their grytest dependance, and redacted to live under the obedience of the lawes utherwayes nor they were wont, and from the malicious business of certaine craftie and seditious persones, that either for the present necessitie of their awne estate, or for the hope of advancement of gaine to be had in the change of the present goverment, ceases not be all meanes to inflame the hearts of such as they perceive to be miscontentit in any estate, and making every man to see his own desyre in the trouble of the countrey, dealing in the meantyme likewayes with such as are of the most sincere affectione to Religion and Justice; That things is not done of that integrity that is profest, pressing to make the godly and good subjects the more cold, and adversaries to such as would intend a trouble: ffor remead qwhereof it is thocht good and concludit, That his Majestie shall be informit hereanent, that be his awne care and foresight such ungodly plots and counsells may be frustrate, and suchlyke that every minister within this realme shall deall generally with their congregationes and auditors at all occasiones in their publick doctrine in pulpit, and with all noblemen, barrones, gentlemen, and uthers that are of any speciall credite or power, particularlie in their private conferrences, persuading them of the King’s honest mynd toward the establisching of the trew religione presently profest within this countrie, and the executione of justice, and of his stedfast resolutione to hazard his estate, lyfe, and crowne, in the cause of the gospell, with the standing and falling qwhereof he acknowledges his standing and falling to be inseparably conjoynit, and that they mark carefully the actiones of all men, especially of such as either for religione or executione of justice, or for the necessitie of their awne estate, mislykes the present government, and are inclynit unto novations, and qwhom they see in any extraordinar kinde of bussiness by their custome, and that they make his Majestie’s Ministers acquaintit therwith, not ceasing in the meantyme to bring them to ane quiet minde; and for this effect that in all their ordinary meetings in Sessions, Presbytries, and provinciall Assemblies, there be a particular and private inquisition in thir poynts as need beis, that his Majestie’s Ministers may be advertised with all expeditione: And lykewayes it is thought expedient and concludit that his Majestie’s Ministers, and such uthers of the ministrie as shall have occasione to be in any charge about his Majestie, informe the Presbytries of the estate of things as they proceed, so far as it is needfull for the weill of the cause, and that this advyce be extractit and sent with diligence to every Presbytrie in authentick forme.
The nixt Assemblie is appoyntit to be halden at Aberdeene, the last Twesday of July in the year of God 1604 years.
Thanks beand given to God be the Moderator for the comfortable successe of this present Assemblie, the brethrene were dismissed.
We have now completed the record of all the General Assemblies of the Church of Scotland, held in and betwixt the years 1560 and 1602 inclusive. The Acts of these Assemblies constitute all that are regarded as authoritative by the Presbyterian Church. There were Assemblies, indeed, in the years 1606, 1608, 1610, 1616, 1617, and 1618; but the General Assembly of Glasgow, held in the year 1638, decreed “every ane of them to have been, from the beginning, unfree, unlawfull, and null Assemblies, and never to have had, nor hereafter to have, any Ecclesiasticall authoritie, and their conclusions to have been and to bee of no force, vigor, nor efficacie; prohibited all defence and observance of them, and ordained the reasons of their nullitie to be insert in the Books of Assembly.”[47] And in the Assembly of 1639 it was also declared, that the proceedings of these Assemblies “be hereafter accompted as null and of none effect.”[48] The Acts of those Assemblies thus repudiated, have ever since been regarded by the Church as of no authority. As, however, the proceedings in five of those Assemblies are contained in the MS. copies of the “Booke of the Kirk” to which we have had access, and as, although apocryphal, the Acts which are recorded tend to illustrate the history of the Church during the period to which we refer, we intend to include them in this print of the whole Book as we find it, but separately, and completely apart from the Acts of the legitimate Assemblies.
Before, however, proceeding to do so, it is considered expedient to include, as part of the genuine record, an authenticated Copy of the Book of Policie. When the transcript of the record for the year 1581 was put to press, and when the “Heads of Policie,” (or Second Book of Discipline,) should have been inserted as engrossed in the register, and as part of the proceedings of the Assembly held that year, the Editor did not consider it necessary to do so; inasmuch as many printed editions of that document were to be found in various publications. Since that portion of the work, however, was printed off, he has been led, by his inquiries, to the conclusion, that none of those editions which he has yet seen are perfectly accurate. He has arrived at this conviction by the discovery of an authenticated copy of it, attested in the year 1591, under the hand of Jas. Richie, the clerk of Assembly, and by the signatures of the Presbytery of Haddington, in terms of an Act of the General Assembly. He has collated that copy with others, and now deems it his duty to incorporate in this work an exact transcript of it, the authenticity being thus satisfactorily established. The importance of doing so, and the addition of some collateral circumstances connected with the Book of Policie, have been suggested to him by the fact, that the chief basis of the celebrated ACT ANENT CALLS is alleged to be found in that document, and much argument has been founded, both in the Ecclesiastical and Civil Courts, on the interpretation of various passages in it, and the authority that is due to it as an assumed record of the “fundamental” principles of our Establishment. It is therefore desirable that the Church and the Country should be put in possession of a genuine copy of a production, from which practical inferences of so much moment have been deduced.
In the Haddington MS. volume, (a small quarto,) from which the foregoing copy of the Book of Policy has been transcribed, there are various other documents ingrossed, for the guidance of that Presbytery in its proceedings. These are—
1. Extracts from the Act of Assembly, 8th August 1590, Sess. 10, and 5th July 1591, Sess. 4, with reference to subscription of the Book of Policy by Presbytries, and the clerk supplying them with copies for that purpose.
2. “Ane Forme of sundrie Materis to be vsit in the Elderschip.”
3. The Book of Policy above inserted.
4. “A Schort Soume of the wholl Actis of the Kirk, takin out of the Buik of Discipline and Registers of our Assemblies, for the instruction of Ministers and Readaris in thair office”— under the heads of “Doctrine”— “Examinatione”— “Ministrie”— “Discipline”— “Policie.”
Among these we find in the Collection of Forms (2) thus recorded, several documents which illustrate the mode of settling ministers about the year 1590, viz. a Presbyterial Warrant for “Collation”—the “Institution”—the notarial “Instrument tharupon”—“ane Commission of a Benefice”—a “Presentation of a Laick Patron of ane new erection.” There are also “Observations of the Conferences betwix the Kingis Majestie and Counsells Commissionars and the Kirks, with the Judgement of the Generall Assembly,” which appears to be attested by Richie, the Clerk of Assembly. All these are valuable, as evidents of the practice and history of those times; and they will form a part of the Notes and Illustrations which we purpose to subjoin—without which, indeed, the Booke of the Kirk alone would be insufficient to afford a satisfactory view of the laws and usages of the Church of Scotland during the first sixty years of its existence. It is gratifying, however, to have been enabled to lay before the Church and the Country at present, a Copy of the Book of Policy of undoubted authenticity, as well as to complete the publication of all the earlier authoritative Acts of Assembly.
May 15, 1839.
HEADIS AND CONCLUSIONIS
OF THE
POLICIE OF THE KIRK.
Vide Observations of the Conferences betwix the Kings Majesties Counsell and the Kirks Commissioners, with the judgment of the Generall Assemblie, p. 839, 873.
CAP. 3.
The Sevint Article to be farther considerit.
THE PRINCIPALL MATERIS HEIRIN CONTENIT.
1. Off the Kirk, and Policie thairof in generall, and qwhairin it is different from the ciuill policie.
2. Off the partis of the Policie of the Kirk, and personis or office-beirers to qwhome the same is committit.
3. How the personis that bear ecclesiastical functioun ar admittit to thair offices.
4. Off the pasturis, or ministeris in speciall, and their functioun in the Kirk.
5. Off the doctouris and scoles.
6. Off the eldaris and thair office.
7. Off elderschippis and Assembleis, and of discipline.
8. Off the deaconis and thair office.
9. Off the patrimony of the Kirk, and distributioun thereof.
10. Off the office of ane Christiane magistrat in the Kirk.
11. The present abusis in the Kirk qwhilk we desyr to be reformit.
12. Qwhat kynd of reformatioun we craue.
13. Off the profitt that sall flow of this reformation to all estaits.
[HEADIS AND CONCLUSIONIS, &c.]
[CAP. I.]
Off the Kirk and Policie thairof in generall, and quhairin it is different frome the Ciuill Policie.
1. The kirk of God sumtymes is largelie takine for all thame that professis the Evangell of Jesus Chryst, and so it is ane company and fellowschipe, not onlie of the godlie, bot also of hypocrittis, professing alwayis outwartlie ane trew religioun.
2. Uther tymis it is takine for the godlie and elect onlie.
3. And sumtymis for thame quho exerce the spirituall functioun among the congregatioun of thame that profes the trewth.
4. The kirk in this last sence, hes ane certane power grantit be God, according to the quhilk, it usis ane proper jurisdictioun and gouernament, exercit to the confort of the haill kirk.
5. This power ecclesiasticall, is an auctoritie grantit be God the Fader, throught the Mediator Jesus Chryst, vnto his kirk gadderit, and having the ground in the word of God, to be putt in executioun be thame, unto quhom the spirituall gouernament of the kirk, be lawful calling, is committit.
6. The policie of the kirk, flowing fra this power, is ane ordour or forme of spirituall gouernament, quhilk is exercit be the memberis appointit thairto be the word of God: And thairfoir is gevine immediatlie to the office-beirars, be quhome it is exercit to the weill of the haill bodie.
7. This power is diverslie vsit: For sumtymis it is seuerallie exercit, (chieflie be the teacheris,) sumtyme coniunctlie be mutuall consent of thame that bear the office and charge, efter the forme of iugement. The former is commonlie callit potestas ordinis, and the vther potestas jurisdictionis.
8. These two kyndis of power have bayth ane authoritie, ane ground, ane finall caus, bot ar different in the maner and forme of executioun, as is evident of the speiking of our Master in the 16 and 18 of Mathow.
9. This power and policie ecclesiasticall is different and distinct in the awin nature fra that power and policie quhilk is callit the ciuille power, and appertenit to the ciuille gouernament of the commoun welth: Albeit thay be bayth of God, and tend to ane end, gif thay be richtlie usit, to wit, to aduance the glorie of God, and to haue godlie and guid subiectis.
10. For this power ecclesiasticall, flowis immediatlie frome God, and the Mediator Chryst Jesus, and is spirituall, not having ane temporall heid on eirth, bot onlie Chryst, the onlie spirituall King and Gouernour of his kirk.
11. Thairfoir this power and policie of the kirk, sould lene upone the word of God immediatlie, as the onlie ground tharof, and sould be tane frome the pure fountanis of the Scripturis, heiring the voce of Chryst, the onlie spirituall King, and being rewlit be his lawis.
12. It is ane title falslie usurpit be Antichrist, to call himself heid of the kirk, and aucht not to be attributit to angell or to mane, of what estait soeuir he be, saiffing to Chryst, the Heid and onlie Monarche in this kirk.
13. It is proper to kingis, princes, and magistrats to be callit Lordis, and dominators ouer thair subiectis, quhom thay gouverne civillie, bot it is proper to Chryst onlie, to be callit Lord and Maister, in the spirituall gouernament of the kirk, and all uthers that beris office thairin aucht not to usurp dominion therein, be callit Lordis, bot onlie ministeris, disciplis, and servandis; For it is Chrystis proper office to command and reull his kirk universall, and euery particular kirk, throw his Spirit and word, be the ministrie of mene.
14. Notwithstanding, as the ministeris and vtheris of the ecclesiasticall estait, ar subiect to the magistrat ciuillie, swa aucht the persone of the magistrat, be subiect to the kirk spirituallie, and in ecclesiasticall gouernament.
15. And the exercise of bayth thais jurisdictionis can not stande in ane persone, ordinarlie.
16. The ciuill power is callit the power of the sword; the uther the power of the keyis.
17. The ciuile power sould command the spirituall, to exerce and do thair office, according to the word of God: The spiritual rewlaris sould require the Christiane magistrat, to minister justice, and puniesh vyce, and to mantene the libertie and quyetnes of the kirk within thair boundis.
18. The magistrat commandeth externall thingis for externall peax and quyetnes amangis the subjectis: The ministerie handlit externall thingis onlie, for conscience caus.
19. The magistrat handlit onlie externall thingis, and actionis done befoir men: Bot the spirituall rewlaris iuge baith inwart affectionis and externall actionis, in respect of conscience, be the word of God.
20. The ciuile magistrat cravis and gettis obedience be the sword, and uther externall menis: Bot the ministrie be the spirituall sword, and spirituall meanis.
21. The magistrat nather aucht to preache, minister the sacramentis, nor execut the censouris of the kirk, nor ʒet prescryve ony reull how it sould be done; bot command the ministrie to obserue the reull commandit in the word, and punishe the transgressouris be ciuile meanis: The ministeris exerce not the ciuile jurisdictioun, bot teaches the magistrat how it sould be exercit according to the word.
22. The magistrat aucht to assist, mantene, and fortifie the jurisdictioun of the kirk: The ministeris sould assist thair princes in all thingis aggreable to the word; providing thay negleck not their awin charge, be involving thame selfis in ciuile effairis.
23. Finallie, as ministeris are subiect to the iugement and punishment of the magistrat in externall thingis, gif thay offend; Swa aucht the magistrat to submit thame selfis to the discipline of the kirk, gif thay transgres in matteris of conscience and religioun.
Off the Partis of the Policie of the Kirk, and Personis or Office-beiraris to whome the Administratioun thairof is committit.
CAP. II.
1. As in the ciuile policie, the haill commoun welth consistith in thame that ar gouernouris or magistratis, and thame that ar gouernit and subiectis; Sa in the policie of the kirk, sum ar appointit to be reularis, and the rest of the memberis thairof to be reulit and obey, according to the word of God, and inspiratioun of his Spirit, alwayes under ane head and cheif gouernour, Jesus Chryst.
2. Againe, the haill policie of the kirk consistit in thrie cheif thingis; in doctrine, in discipline, and distributioun. With doctrine is joint administratioun of the sacramentis.
3. And according to the partis of this diuision, arisit ane thriefald sort of officiaris in the kirk; to wit, of ministeris or preacheris, of eldaris or gouernouris, of deaconis or distributeris. And all thais may be callit be ane generall word, ministeris of the kirk.
4. For albeit the kirk of God be reulit and gouernit be Jesus Chryst, who is the onlie King, Hie Priest, and Heid thairof, ʒit he usis the ministrie of men, as ane maist necessarie middis for this purpois.
5. For sa he hes fra tyme to tyme, befoir the law, under the law, and in tyme of the Evangell, for our greit comfort, raisit up men indewit with the giftis of the Spirit, for the spirituall governament of his kirk, exercesing be tham his awine power, throw his Spirit and word, to the building of the same.
6. And to tak away all occasioun of tyranny, he will that they sould reul with mutuall consent of brethrene, and equalitie of power, euery ane according to thair functionis.
7. In the New Testament, and tyme of the Evangell, he hes usit the ministrie of the apostles, propheits, evangelists, pastouris and doctouris, in administratioun of the word: the elderschip for guid ordour, and administratioun of discipline: the deaconschip to haive the cure of the ecclesiasticall guidis.
8. Sum of thir ecclesiasticall functiouns ar ordinar, and sum extraordinar or temporall.
9. Thair be thrie extraordinar functionis: the office of the apostle, of the evangelist, and of the prophet, quhilk ar not perpetuall, and have now ceisit in the kirk of God, except quhen he pleasit, extraordinarlie, for ane tyme, to steir up some of thame againe.
10. Thair is foure ordinarie functionis or offices in the kirk of God: the office of the pasture, minister or bishop; the office of the docter; the presbiter or eldar; and the deacone.
11. Thir offices ar ordinarie, and aucht to continow perpetuallie in the kirk, as necessarie for the gouernament and policie of the same, and na ma offices aucht to be resauit or be sufferit in the trew kirk of God, establishit according to his word.
12. Tharfore, all the ambitious titles invented in the kingdome of antichryst, and in his usurpit hierarchie, quhilkis ar not ane of thais four sortis, togidder with the offices dependand thairupone, in ane word, aucht all utterlie to be reiected.
How the Personis that bear Ecclesiasticall Functionis ar admittit to thair Offices.
[CAP. 3.]
1. Vocatioun or calling, is commoun to all that sould bear office within the kirk, quhilk is ane lauchfull way, be the quhilk, qualifeit personis is promotit to ane spirituall office within the kirk of God.
2. Without this lauchfull calling it was neuer leisum to ony persone to middle with ony function ecclesiasticall.
3. Thair ar two sortis of calling; ane extraordinar, be God immediatlie, as wer the prophets and apostles, quhilk in kirkis established and weill alreddy reformit, hes na place.
4. The uther calling is ordinar, quhilk besyd the calling of God, and inward testimony of guid conscience, hes the lauchfull approbatioun and outward jugement of men, according to Goddis word, and ordour establishit in his kirk.
5. Nane aucht to presume to enter in ony office ecclesiasticall, without he haue this guid testimony of conscience befoir God, wha onlie knawis the hartis of men.
6. This ordinarie outward calling hes twa partis; electioun and ordinatioun.
7. Electioun is the chesing out, of ane persone or personis maist able, to the office that vaikis, be the jugement of the eldarschip and consent of the congregatioun, whom to, the persone or personis beis appointit.
8. The qualiteis in generall requisit in all thame qwha sould beir charge in the kirk, consistis in soundnes of religioun, and godlines of lyf, according as thay ar sufficientlie set furth in the word.
9. In the ordour of election, it is to be eschewit, that na persone be intrust in ony of the offices of the kirk, contrarie the will of the congregatioun to qwhome thay ar appointit, or without the voce of the elderschip.
10. Nane aucht to be intrusat, or enterit in the places alreadie plantit, or in ony rowm that, vaikis not, for ony warldlie respect: and that quhilk is callit the benefice, aucht to be nothing els, bot the stipend of the minister that is lauchfullie callit and electit.
11. Ordinatioun is the seperatioun and sanctifeing of the persone appointit of God and his kirk, eftir he be weill tryit and fund qualifeit.
12. The ceremonyis of ordinatioun ar, fasting and eirnest prayer, and impositioun of handis of the elderschippe.
13. All thir, as thay must be rasit up be God, and be him maid able for the wark quhairto thay ar callit; sa aucht thay to knaw thair message to be limitat within God’s word, without the bounds of the quhilk thay aucht not to pas.
14. All thir sould tak thais titles and namis onlie (least thay be exalted and puft up in thame selfis) quhilk the Scripturis givis thame, as thais quhilks import laubour, travell and work, and ar naimes of offices and service, and not of idlenes, dignitie, nor warldlie honour or prehemminence, quhilk be Chryst our Maister is expreslie reprovit and forbiddine.
15. All thais office-beraris sould haue thair awin particular flokis, amangis qwhome thay exerce thair charge.
16. All sould mak residence with thame, and tak the inspectioun and ouersicht of thame, euery ane in his vocatioun.
17. And generallie, thir twa thingis aucht thay all to respect; the glorie of God, and edifeing of his kirk, in dischargeing thair dewteis in thair calling.
Off the Office-beraris in particular; and first of the Pasturis and Ministris.
CAP. 4.
1. Pasturis, or bischopis, or ministeris, ar thay wha ar appointit to particular congregationis and kirkis, quhilk thay rewll be the word of God, and ouir the quhilk thay watch, in respect qwhairof, thay ar callit sumetymis pasturis, becaus thay feid thair congregationis, sumetymis episcopi, or bischoppis, becaus thay watche aboue thair flokis; sumetymes ministers, be reasone of thair service and office; and sumtyme presbyteris and seinouris, frome the grauitie in maneris, quhilk thay aucht to haue, in taking cair of the spirituall gouernament, quhilk aucht to be most deir unto thame.
2. Thay that ar callit to the ministrie, or that offer thameselfis tharunto, aucht not to be electit, without ane certain flok be assignit unto thame.
3. Na man aucht to ingeir him self, or usurp the office, without lawfull calling.
4. Thay qwha ar anis callit be God, and dewlie electit be man, eftir that they haue anis accepted the charge of the ministrie, may not leaue thair functionis.
5. The desertouris sould be admonisched, and incaice of obstinacie, finallie excommunicat.
6. Na pastour may leaue his flok, without licence of the provinciall or nationall Assemblie; quhilk gif he do, eftir admonitioun not obeyit, let the censuris of the kirk strik upone hime.
7. Unto the pasture apperteins teaching of the word of God, in seasone and out of seasone, publicklie and priuatlie, alwayis travelling to edifie, and discharge his conscience, as Goddis word prescryuis unto hime.
8. Unto the pasture onlie apperteins the administratioun of the sacramentis, in lyk manor as the ministratioun of the word: for baith ar appointit be God as meanis to teache us; the ane be the ear, the uther be the eis and other senses, that be baith, knawledge may be transferrit to the mynd.
9. It apperteinis be the same resone to the pasture to pray for the peple, and namelie for the flok committit to his charge, and to bliss thame in the name of the Lord, qwho will not suffer the blissingis of his faythfull servand to be frustrat.
10. He aucht also to watche aboue the maneris of his flok, that the better he may apply the doctrine to thame, in reprehending the dissolut personis, and exhorting the godlie, to continew in the fear of the Lord.
11. It appertenis to the minister, efter lawchfull proceding be the elderschip, to pronunce the sentence of binding and lowsing upone ony persone, according to the power of the keyis, grantit unto the kirk.
12. It belangis alswa, eftir lawchfull proceding in the mater be the elderschip, to solemnizat the contract of mariage betwix thame that ar joint thairin; and to pronunce the blissing of the Lord on thame that entir in the holie band in the fear of the Lord.
13. And generallie, all publick denunciations that ar to be maid in the kirk befoir the congregationis, concerning ecclesiasticall effairis, belang to the office of the ministrie, for he is as messenger and herauld betwene God and the people in all thais effairis.
Off Doctouris and thair Office, and of Scolis.
CAP. 5.
1. Ane of the twa ordinar and perpetuall functionis that trauell in the word, is the office of the Doctour, quha may also be callit Propheit, Bischop, Eldar, Catechesar; that is, teacher of the Catechisme, and rudiments of religione.
2. His office is to oppine up the mynd of the Spirit of God within the Scripturis, simplie, without sic applicationis as the minister usis, to the end that the faythfull be instructed, sound doctrene teachit, and the puritie of the Gospell not corrupted throw ignorance and euill opinionis.
3. He is different from the pasture not onlie in name, bot in diuersitie of giftis; For to the Doctour is gevine the words of knawledg, to oppine up be simple teaching, the mystereis of the fayth; to the Pasture the gift of wisedome, to apply the same, be exhortatioun to the manneris of the flok, as occasioun crauit.
4. Under the name and office of ane Doctour, we comprehend also the ordour of scoles, in collegis and universiteis, quhilk hes bene frome tyme to tyme cairfullie maintenit, alsweill amangis the Jewis and Christianis as amang prophane nationis.
5. The Doctour being an eldar, as said is, sould assist the pasture in the governament of the kirk, and concurre with the vther eldaris his brethrene, in all assembleis; be reasone the interpretatioun of the word, (quhilk is onlie Juge in ecclesiasticall matteris,) is committit to his charge.
6. Bot to preache unto the peple, to minister the sacraments, and to celebrat mariagis, perteins not unto the Doctour, unles he be utherwayis ordourlie callit; howbeit the pasture may teache in the scoles, as he qwha hes also the gift of knawledge oftentymis meit thairfoir, as the examples of Policarpus and utheris testifie.
Of Eldaris, and thair Office.
CAP. 6.
1. The word Eldar, in the Scripturis, sumetyme is the name of aige, sumetyme of office.
2. Quhen it is the name of ane office, sumetyme it is takine largelie, comprehending alsweill the Pastouris and Doctouris, as thame quha ar commounlie callit seinors or eldaris.
3. In this divisioun, wee call thais eldaris, quhome the Apostles callis presedentis or gouernouris.
4. Thair office, as it is ordinary, swa is it perpetuall, and alwayis necessar in the kirk of God.
5. The eldarschip is ane functioun spirituall, as is the ministrie.
6. Eldaris anis lawchfullie callit to the office, and having giftis of God meit to exercyse the same, may not leave it againe.
7. Albeit sic ane number of eldaris may be chosine in certane congregationis, that ane pairt of thame may releif ane uther for ane reasonable space, as was amang the Levittis under the law, in serving of the temple.
8. The number of the eldaris in euery congregatioun cane not be weill limitat, bot sould be according to the boundis and necessitie of the peple.
9. It is not necessar that all eldaris be also teachearis of the word, albeit they aucht cheiflie to be sic, and swa ar worthie of double honour.
10. Quhat manner of personis thay aucht to be, we refer to the expres word, and namelie, the Canonis wryttine be the Apostles.
11. Thair office is, als weill seuerallie as coniunctlie, to watche diligentlie upone the flok committit unto thair charge, bayth publicklie and privatlie, that no corruptioun of religioun or maneris enter thairin.
12. As the pastouris and doctouris sould be diligent in teacheing and sowing the seid of the word, so the eldaris sould be cairfull in seiking the fruitt of the same in the peple.
13. It apperteins to thame to assist the pastour in examinatioun of thame that cumis to the Lordis table, and in visiting the seik.
14. They sould be cairfull to caus the actis of the Assembleis, als weill particular as prouinciall or generall, to be put in executioun.
15. Thay sould be diligent in admonisching of all mene of thair dewteis, according to the reull of the Evangell.
16. Thingis that they cane not correct be privie admonitioun, thay sould bring to the assembly of the eldership.
17. Thair principall office is, to hauld assembleis with the pastouris and doctouris (quha ar also of thair number) for establisching of guid ordour, and executioun of discipline: Unto the quhilks assembleis all personis ar subject, that remane within thair boundis.
Of Eldarschipis, and Assembleis, and of Discipline.
CAP. 7.
1. Eldarschippis and assembleis, ar constitute commonlie of pasturis, doctouris, and sic as commounlie we call eldaris, that laubour not in the word and doctrine, of quhome, and of quhais severall power, hes bene spokine.
2. Assembleis ar of four sortis: For ather ar thay of particular kirkis and congregationis ane or ma, ather of ane province, ather of ane haill natioun, or of all and diuers nationis professing ane Jesus Chryst.
3. All the ecclesiasticall assembleis, haue power to convene lawchfullie togidder for treating of thingis concerning the kirk, and pertening to thair chargis.
4. Thay haue power to apoint tymis and places to that effect; and ane Assemblie to appoynt the dyet, tyme, and place for ane uther.
5. In all assembleis, ane moderator sould be chosine be commoun consent of the haill brethrene conveint, quha sould propone materis, gather the voitis, and caus guid ordour be kepit in the assembleis.
6. Diligence sould be tane, cheiflie be the moderator, that onlie ecclesiasticall thingis be handlit in the assemblie, and na melling with ony thingis pertening to the civile jurisdictioun.
7. Euerie assemblie hes power to send furth frome them of their awine nomber, ane or ma visitouris to sie how all thingis be reulit in the boundis of thair jurisdictioun.
8. Visitatioun of ma kirkis is na ordinar office ecclesiasticall, in the persone of ane man; nather may the name of ane bischop be attributit to the visitour onlie; nather is it necessar to abyd alwyse in ane man’s persone, bot it is the part of the eldarschip, to send out qualifeit personis to visit, pro re nata.
9. The finall end of all assembleis is, first to keip the religioun and doctrine in puritie, without errour and corruptioun: nixt, to keip cumelines and guid ordor in the kirk.
10. For the ordouris caus, thay may mak certane reulis and constitutionis apperteining to the guid behaviour of all the memberis of the kirk in thair vocatioun.
11. Thay haue power also to abrogat and abolish all statuts and ordinances concerning ecclesiasticall materis, that ar found noysume or unprofitable, or aggrie not with the tyme, or abusit be the peple.
12. Thay haue power to execut ecclesiasticall discipline and punischment upone all transgressouris, and proud contempnaris of guid ordour and policie of the kirk, and swa the haill discipline is in thair handis.
13. The first kynd and sort of assembleis, although thay be within particular congregatiounis, zet thay exerce the power, auctoritie, and jurisdictioun of the Kirk with mutuall consent, and thairfoir beiris sumtyme the name of the Kirk.
14. Quhen we speik of eldaris of the particular congregationis, we mene not that euery particular paroche kirk cane, or may haue thair awin particular eldarschip, speciall to landwart, bot we think thrie or four, ma or fewar, particular kirkis, may haue ane commoun eldarschip to thame all, to judge the ecclesiasticall causes.
15. Albeit it is meit that sum of the eldaris be chosine out of euerie particular congregatioun, to concur with the rest of thair brethrene in the commoun assemblie, and to tak up the delationis of offencis within thair awin kirkis, and bring thame to the Assemblie.
16. This we gadder of the practise of the primitiue kirk, wheras eldaris or colleges of senioris wer constitute in citeis and famous places.
17. The power of thir particular elderschippis, is to uis diligent laubour in the boundis committed to thair charge, that the kirkis be kepit in guid ordour, to inquire diligentlie of nauchtie and unrewlie personis, and travell to bring thame in the way againe, ayther be admonitioun or threatning of Goddis judgements, or be correctioun.*[49]
18. It perteins to the eldarschip, to tak heid, that the word of God be purelie preichit within thair boundis, the sacraments rightlie ministrat, the discipline menteind, and the ecclesiasticall guidis uncorruplie distribute.*[49]
19. It belangis to this kynd of assembleis, to caus the ordinancis maid be the assembleis, provinciallis, nationallis and generallis, to be keipit, and put in executioun.*[49]
20. To mak constitutionis quhilk concerne το πρεπον in the kirk, for the decent ordour of thais particular kirkis qwher thay gouerne, (prouyding thay alter na reulis made by the generall and provinciall assembleis, and that thay mak the provinciall assembleis foirsene of the reulis that thay sall mak,) and to abolische thame tending to the hurt of the same.*[49]
21. It hes power to excommunicat the obstinat.*[49]
22. The power of electioun of thame qwha bearis ecclesiasticall chargis, pertenis to this kynd of assemblie, within thair awin boundis, being weill erectit, and constitut of mony pastouris and eldaris of sufficient habilitie.
23. Be Eldarschip is meint, sic as ar constitut of Pastouris, Doctouris, and sic as now ar callit Eldaris.
24. Be the lyk resone, thair depositioun also pertenis to this kynd of assembleis, as of thame that teache erroneous and corrupt doctrine; that be of sclanderous lyfe, and eftir admonitioun, desist not; that be gevine to schisme or rebellion contrare the kirk, manifest blasphemy, simony, and all corruptioun of brybis, falset, periurie, huredome, thift, drunkinnes, fechting, worthie of punischment be the law; usurie, danshing, infamie, and all utheris deservine separatioun frome the kirk.
25. These also qwha ar fund altogidder insufficient to exerce thair chargis, sould be deposit, Quhairof uther kirkis wald be aduertesit, that thay resaue not personis deposit.
26. Albeit thay aucht not to be deposit quha throw aige, seiknes, or uther accidents, becum unmeit to do thair office; in quhilk cace thair honour sould remane unto thame, their kirkis sould mentene thame, and utheris aucht to be proydit to do thair office.[50]
27. Provinciall assembleis we call, lawfull conventionis of the pastouris, doctouris, and eldaris of the province, gadderit for the commoun effairis of the kirkis tharof, quhilk also may be callit the Conference of kirkis and brethrene.
28. Thir assembleis ar institut for wechtie materis necessar to be intraitit be mutuall consent and assistance of the brethrene within the provincis, as neid requyris.*[49]
29. Thir assembleis haif power to handle, ordour, and redres all thingis ommittit or done amiss in the particular assembleis.*[49]
30. It haith power to depose the office-beraris of that province, for guid and just caus deserving depriuatioun.*[49]
31. And generallie, thir assembleis haue the haill power of the particular elderschippis qwhairof thay ar collected.*[49]
32. The nationall assemblie,(quhilk is generall to us,) is ane lawchfull conventioun of the kirkis of the haill realme or nation, wher it is usit and gadderit, for the commoun effairis of the Kirk; and may be callit the Generall Elderschip of the haill kirkis within the realme.
33. Nane ar subiect to repair to this assemblie to voit, bot ecclesiasticall personis, to sic ane number as sallbe thocht guid be the same assemblie; not excluding uther personis that will repair to the said Assemblie, to propone, heir, and resone.
34. This assemblie is institute, that all thingis ayther omittit, or done amis in the provinciall assembleis, may be redressit and handlit: And things generally, seruing for the weill of the haill body of the kirk in that realme, may be foirsene, intreattit, and set furth to Goddis glorie.
35. It sould tak cair, that kirkis be planted in places quhair thay ar not planted.
36. It sould prescryue the reull how the uther twa kynd of assembleis sould proceid in all thingis.
37. This assemblie sould tak heid, that the spirituall jurisdictioun and civile be not confoundit, to the hurt of the kirk.
38. That the patrimony of the kirk be not diminished nor abused.
39. And generallie concerning all wychtie effairis that concerne the weill and guid ordour of the haill kirk of the realme, it aucht to interpone auctoritie thairto.
40. Thair is besydis this, an uther mair generall kynd of assemblie, quhilk is of all nationis or of all estaits of personis within the kirk, representing the universall kirk of Chryst, quhilk may be callit properlie the Generall Assemblie or Generall Counsall of the haill kirk of God.
41. Thais assembleis wer appointit and callit togidder speciallie, qwhene an great schisme or controversie in doctrine did aryse in the Kirk, and war conuocat at command of the godlie Emperours being for the tyme, for the auoiding of schismes within the uuiversall kirk of God: Quhilk becaus thay pertene not to the particular estait of ane realme, we ceiss forder to spek.
Of Deaconis and thair Office; the last ordinar Functioun in the Kirk.
CAP. 8.
1. The word Διάχονος sumtymis is larglie takine, comprehending all thame that beir office in the ministrie and spirituall functioun in the kirk:
2. Bot now, as we speik, it is tane onlie for thame to whome the collectioun and distributioun of the almous of the faithfull and ecclesiasticall guidis does apperteune.
3. The office of the deacone sa takine, is an ordinar and perpetuall ecclesiasticall functioun in the kirk of Chryst.
4. Of what properties and dewteis he aucht to be that is callit to this function, we remit to the manifest Scripturs.
5. The deacone aucht to be callit and electit as the rest of the spirituall officiaris, of the quhilk electioun, wes spokine befoir.
6. Thair office and power is, to resseaue and distribut the haill ecclesiasticall guids, unto thame to quhom they ar appoyntit.
7. This they aucht to do according to the juigement and appointment of the Presbyteries or Elderschipis (of the quhilk the deaconis ar not) that the patrimony of the kirk and pure, be not converted to privat mennis use, nor wrangfullie distributit.
Off the Patrimony of the Kirk, and Distributioun thairof.
CAP. 9.
1. Be the patrimony of the kirk we mene, quhatsumeuer thing hath bene at ony time befoir, or sallbe in tyme cuming gevin, or be consent and universall custome of cuntreis professing Christiane religioun, applyit to the publick use and utilitie of the kirk.
2. Swa that onder the patrimony we comprehend first, all thingis gevin, or to be gevin to the kirk and seruice of God, as lands, bigginis, possessionis, annual rents, and all siclyke, quherewith the kirk is dotit, ather be donationis, fundationis, mortificationis, or ony uther lawchfull title, of Kings, Princes, or ony personis inferiour to thame, togidder with the continuall oblationis of the faithfull.
3. We comprehend also, all sic thingis as be lawis and custome, and use of countreis, hes bene applyit to the use and utilitie of the kirk, of quhilk sort ar the teindis, mans, glebis, and siclyk, quhilks be commoun and be municipall lawis and universall custom ar possessit be the kirk.
4. To tak ony of this patrimony be onlawfull meanis, and convert to the particular and prophane use of ony persone, we hald it ane detestable sacrilege befoir God.
5. These guidis ecclesiasticall, aucht to be collectit, and distributit be deacons, as the word of God appointis, that thay quha beiris office in the kirk be provydit for, without cair and solicitud.
6. In the apostolicall kirk, the deaconis war appoyntit to collect and distribut quhatsumeuir thingis war collectit of the faythfull to be distribut unto the necessitie of the sanctis; sa that nane laickit amang the faithfull.
7. These collectionis war not onlie of that quhilk was collectit in manir of almous, (as sum supponis,) bot of uther guidis, movable and onmovable, of lands and possessionis, the pryc quhairof was brocht to the feit of the Apostles.
8. This office continewit in the deaconis handis, quha intromettit with the haill gudis of the kirk, ay whill the estait thairof was corruptit be Antichryst, as the ancient canonis beris witnes.
9. The same canonis mak mentioun of ane fourfald distributioun of the patrimony of the kirk, quhairof ane part was applyit to the pasturis or bischoppis for thair sustentatioun and hospitalitie; ane uther to the eldars and deaconis, and all the clergie; the thrid to the pure, seick personis and strangers; the ferd to the uphald and uther effairis of the kirk, speciall extraordinar: We add hereto, the scoles and school-maisteris, quhilk aucht and may be weill sustenit of the same guids, and ar comprehendit under the clergie, to quhame we joine also clerkis of assembleis alsweill particular as generall; syndickis or procuratouris of the kirkis effairis, takaris up of the psalmis, with siclyk uther ordinar offices of the kirk, sa far as thay ar necessar.
Of the Office of a Christiane Magistrat in the Kirk.
CAP. 10.
1. Althoght all the memberis of the Kirk be hauldine, euery ane in thair vocatioun, and according thairto, to advance the kingdome of Jesus Chryst sa far as lyis in thair power; zit cheiflie and namelie, Christiane Princes, Kingis, and uther magistrats, are haldine to do the same.
2. For thay ar callit in the Scripturis nurissaris of the kirk, for sameikle as be thaime it is, or at least aucht to be, menteind, fosterit, uphaldine, and defendit agains all that wald procure the hurt thairof.
3. So it pertenit to the office of a Chrystiane magistrat to assist and fortifie the godlie proceding of the kirk in all behalfis; and namelie to sie that the publick estait and ministrie thairof be mantenit and sustenit as it appertenis, according to Goddis word.
4. To sie that the kirk be not invadit nor hurt be fals teacharis and hyrlingis, nor the rowmis thairof occupyit be dum doggis or idill belleis.
5. To assist and mantene the discipline of the kirk, and punish thame civillie, that will not obey the censur of the same; without confounding alwayis the ane jurisdiction with the uther.
6. To sie that sufficient provisioun be made for the ministrie, scoles, and the puir: And gif thay have not sufficient to await upone thair chargis, to supplie their indigence evine with thair awine rentis, gif neid requiris: to hauld hand to thame, alsweill concernyng thair awin personis, sayfing thame frome injurie and oppine violence, as concerning thair rentis and possessionis, that thay be not defraudit, reavit, nor spulzeit thairof.
7. Not to suffer the patrimony of the kirk to be applyit to prophane and onlawchful uses, or to be devoirit be idle belleis, and sic as haue na lauchfull functioun in the kirk, to the hurt of the ministrie, the scoles, the puir, and utheris godly uses, quhairupone the same aucht to be bestowed.
8. To mak lawis and constitutionis aggreable to Goddis word, for the aduancement of the kirk, and policie therof; without usurping ony thing that pertenis not to the civill sword, bot belangis to the offices that ar mere ecclesiasticall; as is the ministrie of the word and sacramentis, using of ecclesiasticall discipline, and the spirituall executioun thairof, or ony part of the power of the spirituall keys, quhilks our Maister gaif to the Apostles, and thair trew successouris.
9. And although Kingis and Princes that be godlie, sumtymis be their awin auctoritie, (whene the Kirk is corruptit, and all thingis out of ordour,) place ministeris, and restoir the trew service of the Lord, efter the example of sum godlie kingis in Judea, and divers godlie Emperours and Kingis, also in the licht of the New Testament, zit quhair the ministrie of the Kirk is anis lauchfullie constitut, and thay that are placed, do thair office faithfullie, all godlie princes and magistrats aucht to heir and obey thair voice, and reverence the majestie of the Sone of God speaking be thame.
Off the present Abuses remaining in the Kirk, quhilks we desyr to be reformit.
CAP. 11.
1. As it is the dewtie of the godlie magistrat to mantene the present libertie quhilk God of his mercie hes grantit to the preacheing of his word, and the trew ministratioun of the sacraments within this realme; sa is it to provyd, that all abusis as zit remaining in the Kirk, sould be removit, and utterly takine away.
2. Thairfoir, first, the admissioun of men to Papisticall titles of benefices, sic as seruis not, nor hes na functioun in the reformit Kirk of Chryst, as abbottis, commendatoris, priouris, priouressis, and uther titles of abbayis, quhais places are now for the maist pairt be the iust jugements of God demolished and purgit of idolatrie, is plaine abusioun, and is not to ressaue the kingdome of Chryst amangis us, bot rather to refuse it.
3. Of the lyke natour ar the deanis, archdeanis, chanteris, subchanteris, thesauraris, chancelaris, and uthers having the lyke titles flowit frome the Paip and canon law onlie, wha haue na place in the reformit Kirk.
4. Siclyk, they that war callit of auld, the chapteris and conventis of abbayis, cathedrall kirkis, and siclyk places, seruis for nathing now, bot to set fewis and takis (gif ony thing be left) of kirk-landis and teindis, in hurt and prejudice thairof, as daylie experience teiched, and thairfoir aucht to be allutterlie abrogat and abolischit.
5. The Kirks also quhilks ar unitit and joynit togidder be annexatioun to thair benefices, aucht to be seperated and diuidit, and gevin to qualifeit ministeris, as Goddis word cravis.
6. Neither aucht sic abuseris of the patrimony of the Kirk of Chryst, to haue voit in Parliament, nor sit in counsall under the name of the kirk and kirk-men, to the hurt and preiudice of the libertie thairof, and lawis of the realme maid in fauouris of the Reformit Kirk.
7. Mekleless is it lawfull, that ane persone amangis thais men sould haue fyue, sax, ten, twentie, or ma kirkis, all hauing the charge of saulis, and bruik the patrimony thairof, ayther be admissioun of the prince, or of the Kirk, in this licht of the Evangell; for it is bot mockage to craue reformatioun whare sic hes place.
8. And albeit it wes thocht guid for avoiding grett inconuenientis, that the auld possessouris of sic benefices quha imbracit the religioun, sould inioy be permissioun, the twa pairt of the rentis quhilks thay possesst befoir, induring thair lyfetymis, zit it is not tollerable to continew in the Kirk lyke abuse, and gif thais places and utheris benefices of new to als onmeit men or rather onmeitar, quha ar not myndit to serue in the Kirk, bot leid a lone and idle lyf as the utheris did quha bruikit thame in the tyme of blindnes.
9. And insafar as in the ordour tane at Leyth in the zeir of our Lord Jaj. vc. seventie-ane year, it appeiris that sic may be admittit, being fund qualifeit, &c. ather that pretended ordour is agains all guid ordour, or ellis it must be onderstandit not of thame that be qualifeit to worldlie effaires to serue in the court, bot sic as ar qualifeit to teache Goddis word, havand thair lawfull admissioun of the Kirk.
10. As to bischoppis, gif the name επισχοπος be properlie takin, thay ar all ane with ministeris, (as was befoir declairit;) for it is not the name of superioritie and lordschip, bot of office and watching.
11. Zit, becaus in the corruptioun of the Kirk, this name, as utheris hes bene abused, and zit is lyk to be, we cane not allow the fashioun of thais new chosine bischoppis, nather of the chapteris that ar electouris of thame to sic office as thay ar chosene.
12. Trew bischopis sould addict thame selfis to ane particular flok, (quhilk sindry of thame refusis,) nather sould thay usurp lordship ouer thair brethrene, and ouer the inheritance of Chryst, as thais men do.
13. Pastouris, insafar as thay ar pastouris, hes not the office of visitatioun of ma Kirkis joint to the pastureschip, without it be gevin thame.
14. It is ane corruptioun, that bischopis sould haue fordar boundis to visit, nor thay may lawchfully.
15. Na man aucht to haue the office of visitatioun, bot he that is lawchfullie chosine be the presbytrie thairto.
16. The elderschippis being weill establishit, hes power to send out visitouris, ane or ma, with commissioun to viseit the boundis within thair elderschippis. And siclyk eftir compt tane of thame, ather to continew thame, or renew thame frome tyme to tyme, to the quhilks elderschippis thay sall be also subiect.
17. The criminall jurisdictioun joint in the persone of ane pastoure, is ane corruptioun.
18. It aggreit not with the word, that bischoppis sould be pasture of pasturis, pasturis of mony flokis, and ʒit without ane certane flok, and without ordinar teiching.
19. It aggreit not with the Scripturis, that thay sould be exemit fra correctioun of thair brethrene, and discipline of the particular elderschip of the Kirk, whereat they sould serve; nather that thay sould usurp the office of visitatioun of uther kirkis, nor ony uther functioun besyd uther ministers, bot safar as beis committit to thame be the Kirk.
20. Heirfoir, we desyr the bischoppis that now ar, ayther to aggrie to that ordour that Goddis word requyris thame, and as the generall Kirk will prescryue unto thame, not passing that boundis, nather in ecclesiasticall nor civile effairis, or ellis to be deposit frome all functioun in the Kirk.
21. We deny not in the meane tyme, bot ministeris may and sould assist thair Princes quhen thay ar requirit, in all thingis aggreable to the word, quhidder it be in Counsall or Parliament, or utherwyse, providing alwayis thay nather negleck thair awin chargis, nor throw flatterie of Princes, hurt the publick estait of the kirk.
22. Bot generallie, we say, na personis, under quhatsumeuer title of the kirk, and speciallie the abused titles in Papistrie, of Prelats, Conuents, and Chapteris, aucht to attempt ony act in the kirkis name, ayther in Counsall, Parliament, or out of Counsall, having na commissioun of the reformit kirk within this realme.
23. And be act of Parliament it is providit, that the Papisticall kirk and jurisdictioun sould have na place within the same, and na bischop nor uther prelat in tymis cuming, sould use ony jurisdictioun flowing from his auctoritie.
24. And againe, that na uther ecclesiasticall jurisdictioun sould be acknawlegeit within this realme, bot that quhilk is, and salbe within the reformit kirk, and flowing therfra.
25. So we esteme halding of chapetirs in Papisticall maner, ayther in cathedrall kirkis, abbayis, collegis, or uther conventuall places, usurping the name and auctoritie of the kirk, to hurt the patrimony thairof, or use ony uther act to the preiudice of the same, sene the ʒeir of our Lord 1560 ʒeiris, to be abusioun and corruptioun, contrar to the libertie of the trew kirk and lawis of the realme, and thairfoir aucht to be annullat, reducit, and in tymis cuming utterlie dischargit.
26. The dependences also of this Papisticall jurisdictioun ar to be abolished, of the quhilk sort is the mingled jurisdiction of the commissaris, in safar as thay mell with ecclesiasticall materis, and haue na commissioun of the kirk thairto, bot war erectit in tyme of our Soverainis mother, whan thingis war out of ordour. It is an absurd thing, that sindrie of thame, having na functioun in the kirk, sould be ingis to ministeris, and depose thame fra thair rowmis: Thairfoir, ather thay wald be dischargit to meddle with ecclesiasticall matteris, or it wald be limitat to thame in quhat materis thay might be Juges, and not hurt the libertie of the kirk.
27. Thay also that of befoir war of the ecclesiasticall estait in the Papis kirk, or that ar admittit of new to Papisticall titles, and now ar tollerat be the lawis of the realme, to posses the twa pairt of thair ecclesiasticall rentis, aucht not to haue ony forder libertie, bot to intromet with the portioun assignit and grantit to thame for thair lyfetime, and not, under the abusit titles quhilks thay had, to dispone the kirk rentis, set takis and fewis thairof at thair plesour, to the greit hurt of the kirk, and pure lauboraris that dwell upone the kirk-landis, contrarie to all guid conscience and ordour.
Certane speciall Heidis of Reformatioun quhilk we crave.
CAP. 12.
1. Quhatsoeuir haue bene spokine of the offices of the kirk, the seuerall power, the office-beraris thair conjunct power also, and last of the patrimony of the kirk, we onderstand it to be, the right reformation, whilk God cravis at our handis, That the kirk be ordourit according thairto, as with that ordour quhilk is maist aggreable to the word of God.
2. Bot becaus sumthingis willbe twichit in particular, concerning the estait of the countrie, and that quhilk we principallie seik to be reformit in the same, we haue collectit thame in thir heidis following:
3. First, seing the haill countrie is devydit in provinces, and thir provinces agane ar diuidit in paroches, alsweill in landwart as in townis; in euery paroche of reasonable congregationis, there wald be placit ane or ma pasturis to feid the flok, and na pasture or minister, aucht to be burdenit with the particular charge of ma flockis or kirks thene ane alanarlie.
4. And becaus it willbe thocht hard to find out pasturis or ministeris to all the paroche kirkis of the realme, alsweill in landwart as in borrows townis, we think, be the advice of sic as commissioun may be gevine to, be the kirk and the prince, paroches in landwart or small villages, may be joint twa or thrie or ma, in sum places togidder, and the principall and maist commodious kirkis to stand, and to be repairit sufficientlie, and qualifeit ministeris placet thereat; and the uther kirkis, quhilk ar not fund necessar, may be sufferit to decay, thair kirk-zairdis alwayis being kepit for buriall places: And in sum places quher neid requyris, ane parochine, where the congregatioun is ouir greit for ane kirk, may be diuidit in twa or ma.
5. Doctouris wald be appointit in universities, collegis, and uther places neidfull, and sufficientlie prouydit, for to oppin up the meaning of the Scripturis, and to haue the charge of scoles, and teache the rudiments of religioun.
6. As to eldaris, thair waldbe sum to be censuris of the maneris of the peple, ane or ma in euerie congregatioun; bot not an assemblie of eldaris in euery particular kirk, bot onlie in the townis and famous places quher resort of men of jugement and habilitie to that effect; may be had.
7. Quhair the eldaris of particular kirkis about may convene togidder, and haue ane commoun elderschip and assemblie-place amongis thame, to treat of all thingis that concerne the congregatioun of whome thay haue the ouersicht.
8. And as thair aught to be men appointit to unit and diuyd the paroches, as necessitie and commoditie requiris, Sa wald thair be appointit be the generall kirk, with assent of the Prince, sic men as feireth God, and knew the estait of the countreis, that war able to nominat and designe places, quhere the assembleis of particular elderschippis sould convene, to tak consideratioun of the dioces as thay war diuidit of auld, and of the estait of the countreis and provinces of the realme.
9. Lykeways as concerning provinciall and synodall assembleis, consideratioun war easie to be had, how mony and in quhat places thay war to be haldine, and how oftene thay sould convene,—aucht to be referit unto the libertie of the general kirk, and ordour to be appoyntit therein.
10. The Nationall Assembleis of this countrie, callit commounlie the Generall Assembleis, aught alwayis to be retenit in thair awin libertie, and to haif their awin place, with power to the kirk to appoint tymis and places convenient thairfoir.
11. And all men, alsweill magistratts as inferiouris, to be subject to the jugement of the same in ecclesiasticall causis, without ony reclamatioun or appellatioun to onie iudge, ciuile or ecclesiasticall, within the realme.
12. The libertie of the electioun of personis callit to ecclesiasticall functionis, and obseruit without interruptit continewnce salang as the kirk was not corruptit be Antichryst, we desyr to be restoirit and retenit within this realme:
13. So that nane be intrusit upone ony congregatioun, aither be the Prince or ony inferiour persone, without lawchfull electioun and the assent of the peple ouir quhom the persone is placet, as the practise of the apostolicall primitiue kirk and guid ordour craves.
14. And becaus this ordour, quhilk Goddis word cravis, can not stand with patronages and presentationis to benefices, usit in the Papis kirk, We desyr all thame that trewlie feiris God, eirnestlie to considder, that forswamekle as the names of patronagis and beneficis, togidder with the effect thairof, are flowene frome the Pape, and corruptioun of the canone law onlie insafar as thairby ony persone was intruised and placit ovir kirkis hauing curam animarum; And forswameikle as that maner of proceding hes na ground in the word of God, but is contrar to the same, and to the said libertie of electioun, thay aucht not now to have place in this licht of reformatioun: And therefoir quhasaever will trewlie imbrace Goddis word, and desyr the kingdome of his Sone Jesus Chryst to be aduancit, thay will also imbrace, and resaue that policie and ordour quhilk the word of God, and upright stait of his kirk craves, vtherwyse it is in vane that thay sould haue profest the same. Notwithstanding as concerning uther patronages of benefices that have not curam animarum, (as they speik,) sic as ar chaplanreis, prebendaries fundeit upon temporall landis, and annuallis, and siclyk, may be reseruit unto the ancient patronis, to dispone that upone, quhan thay veaik, to scolleris and bursaris, as thay are requirit be the act of Parliament.
15. As to the kirk rentis in generall, we desyr the ordour to be admittit and mantenit amangis us, that may stand with sinceritie of Goddis word, and practes of the puritie of the kirk of Christ.
16. To wit, that as was befoir spokine, in the haill rent and patrimony of the kirk, (excepting the small patronagis befoir mentionat,) may be divydit in four partis and portionis: Ane thairof to be assignit to the pasture for his intertenement and for hospitalitie; ane uther to the eldaris, deaconis, and utheris officiaris of the kirk, sic as clerkis of assembleis, takaris up of the psalms, beadallis and keparis of the kirks, safar as thay ar necessar; joyning thairwith also, the doctouris of scoles, to help the ancient foundationis quhere neid requireth: The thrid portioun to be bestowit unto the pure memberis of the faithfull, and hospitallis: The fourt for reparatioun of the kirkis, and utheris extraordinar chargis as ar profitable for the kirk, and also for the commoun welth, gif neid require.
17. We desyr thairfoir, the ecclesiasticall guidis to be upliftit, and distributit faithfullie, to quhome thay appertene, and that be the ministrie of the deaconis, to quhais office properlie the collectioun and distributioun thereof belangis: that the pure may be answerit of thair portioun thereof, and thay of the ministrie leue without care and solicitud, as also the rest of the thesaurarie of the kirk may be ressauit, and bestowit to the richt uses.
18. Gif thayes deaconis be electit with sic qualiteis as Goddis word craves to be in thame, thair is na feir that they sall abuse thame selfis in thair office, as the prophane collectouris did of befoir.
19. Zit becaus this vocatioun apperes to mony to be dangerous, let them be oblisht (as thay war of auld) to ane ʒeirlie compt to the pasturis and elderschip; and gif the kirk and Prince think expedient, lat cautioneris be oblist for thair fidelitie, that the kirk rents onnawayis be delapidat.
20. And to the effect this ordour may tak place, it is to be prouydit, that all utheris intromettouris with the kirkis rentis, collectouris generall or speciall, whidder it maybe by appointment of the Prince, or utherwayis, be denudit of forder intromissioun thereof, and suffer the kirk rentis in tymis cuming to be haillalie intromettit with be ministrie of the deaconis, and distribute to the usis afoir mentionat.
21. And also, to the effect that the ecclesiasticall rentis may suffice to the uses for the quhilk thay ar to be appointit, we think it necessar to be desyred, that all alienationis, setting in fewis or takis of the rentis of the kirk, alsweill landis as teindis, in hurt and diminutioun of the auld rentallis, be reducit and annullat, and the patrimony of the kirk restoirit to the formar and auld libertie.
22. And lykewayis, that in tymis cuming, the teindis be set to nane bot to the laubouraris of the ground, or ellis not set at all, as it was aggriet upone, and subscryuit be the nobilitie befoir.
The Vtilitie that sall flow of this Reformatioun to all Estaitis.
CAP. 13.
1. Seing the end of this spirituall gouernament and policie, quhairof we spak, is, that God may be glorifeit, the kingdome of Jesus Chryst advancit, and all thay quho ar of his mysticall body, may leve peceablie in conscience: Thairfoir we dar bauldlie affirme, that all thay quha haue trew respect to thais endis, will evin for conscience caus, gladlie aggrie and conforme thame selfis to this ordour, and aduance the same, safar as lyis in thame, that their conscience being set at rest, thay may be replenisched with spirituall gladnes in geving full obedience to that quhilk Goddis word and the testimony of thair conscience dois craue, and refusing all corruptionis contrare unto the same.
2. Nixt, we sall becum an example and patrone of guid and godlie ordour to uther nationis, cuntreis, and kirkis professing the same religioun with us, that as thay haue glorifeit God in our continewing in the sinceritie of the word hitherto, without all errouris, (praise be to His name,) sa thay may haue the lyk occasioun in our conuersation, quhen as we conforme our selfis to that discipline, policie, and guid ordour, quhilk the same word and puritie of reformatioun craves at our handis; vtherwayis this feirfull sentence may be iustlie said to us, The servand knawand the will of the maister, and not doing it.
3. Mairouir, gif we haue ony pitie or respect to the puir memberis of Chryst, quha sa greatlie increase and multiplie amangis us, we will not suffer thame to be langer defraudit of that part of the patrimony of the kirk, quhilk justlie belangis unto thame: And be this ordour, gif it be dewlie put in executioun, the burding of thame sall be takine of us to our greit confort, the streitis sallbe changed of the cryingis and murmuringis of thame; as we salbe na mair sklander to uther nationis, as we haue hitherto bene, for not taking ordour with the puir amangis us, and causing the word quhilk we profess to be euill spokine of, giving occasioun of sclander to the enemies, and offending the consciences of the semple and godlie.
4. Besyds this, it sallbe a greit ease and commoditie to the haill commoun peple, and releving thame of the beilding and uphalding of thair kirkis, in bigging of briggis and uther lyk public warkis; to the laubourars of the ground in the payment of thair teindis; and schortlie in all cheif thingis, quhairunto thay have bene hitherto rigorouslie handlit be thame that war falsely callit kirkmen, thair tackkismen, factouris, and extortionaris.
5. Finallie, to the Kingis Majestie and common-welth of the countrie, this profit sall redound, That the uther effairs of the kirk being sufficientlie provydit according to the distributioun of the quhilk hes bene spokin, the superplus being collectit into the thesaurarie of the kirk, may be profitablie imployit, and liberallie bestowit upon the extraordinar support of the effairis of the Prince and commoun-welth, and speciallie of that part quhilk is appoyntit for reparatioun of the kirks.
6. Sa, to conclude; all being willing to apply thameselfis to this ordour, the peple suffering them selfis to be reulit according thairunto, (the Princes and Magistrats thame selfis not being exemit,) and thay that ar placit in ecclesiasticall estait, rychtlie reuling and governing, God sallbe glorifeit, the kirk edifeit, the boundis thairof inlargit, Chryst Jesus and his kingdome set up, Sathane and his kingdome subuertit, and God sall dwell in the meddis of us, to our comfort, throw Jesus Chryst, quha, togidder with the Fader and the Halie Ghaist, abydeth blissit in all eternitie. So be it.
Finis.
Mr J. Richie.
Deo Gratias.
This Buik of Policie being red apart privatlie be the maist pairt at sundrie tymis, and the penult of September 1591, being publicklie in the Elderschip of Haddingtoun, was subscryvit be the brethren thairof, according to the Act of the Generall Assemblie, as follows:—
Act 8 Augusti,
Sess. 10.
Mr Thomas M‘Gee,
minister of Guland.
James Gibsone, minister
at Pencatland.
Mr James Carmichaell,
minister at Hadingtoun.
Mr L. Hay, Bass.
Thomas Greg, minister at North Berwick.
James Reid, minister at Garvat Kirk.
D. I. Byris, minister of Godis word at Barow.
James Lamb, minister at Boltoun Kirk.
Mr Johne Ker, minister at Abarladay.
David Wallace, minister at Moreine.