in the election of the said Bishops in the meane time under the paine of perpetuall deprivation from their offices The Act above written extended to all times to come Sterling Iulti 11. 1578. and all Bishops already elected required to submit themselves to the generall Assembly concerning the reformation of the corruption of that estate which submission the Bishop of Dunblane willingly offered to the Assembly Sess 4. For as much as the office of a Bishop as it is now used Dundie Iulii 12. 1580. Bishops as they are judged unlawfull discharged and commonly taken within this Realme hath no sure warrant authority nor good ground out of the Scriptures but is brought in by the folly and corruption of mens inventions to the great overthrow of the Kirk of God The whole Assembly of the Kirk in one voice after liberty given to all men to reason in the matter none opponing himselfe in defending the said pretended Office Findes and declares the same pretended Office used and termed as is abovesaid unlawfull in the selfe as having neither fundament ground nor warrant within the word of God and ordaines That all such persons as bruike or shall bruike hereafter the said Office shall be charged simply to dimit quite and leave off the same as an Office where into they are not called of God And such like to desist and cease from all preaching ministration of the Sacraments or using any way the Office of Pastors while they receive de novo admission from the generall Assembly under the paine of Excommunication to be used against them Wherein if they be found disobedient or contradict this act in any point the sentence of Excommunication after due admonitions to bee executed against them Synodall Assem blies appointed And for better execution of the said Act It is statute that a Synodall Assembly shall be holden in every Province where any usurping Bishops are and begin the 18. of August next to come whereto they shall be called and summoned by the Visitors of the said Countries to compeire before their Synodall Assemblies and namely the Bishop of Saint Andrewes to compeir in Saint Andrewes The Bishop of Aberdene in Aberdene The Bishop of Glascow in Glascow The Bishop of Murray in Elgyne to give obedience to the said Act which if they refuse to doe That the said Synodall Assemblies shall appoint certaine brethren of their Ministery to give them publick Admonitions out of the Pulpit and warnethem in case they disobey To compeir before the next generall Assembly to be holden at Edinburgh the 20. of October next to come to heare the sentence of Excommunication pronounced against them for their disobedience And to this Act the Bishop of Dunblane agreed submitting himselfe to bee ruled thereby The twelfth Parliament holden at Edinburgh the fifth of Iune the yeare of God 1592. yeares by the right excellent right high and mighty Prince IAMES the sixt by the Grace of God King of Scottes with advice of his Three Estates Ratification of the liberty of the true Kirk Of gener all and Synodall Assemblies Of Presbyteries Of Discipline All lawes of Idolatry are abrogate Of Presentation to Benefices OUR Soveraigne Lord and Estates of this present Parliament following the laudable and good example of their Predecessors hath ratified and approved and by the Tenour of this present Act ratifies and approves all liberties priviledges immunities and freedomes whatsoever given and granted by his Highnesse his Regents in his name or any of his Predecessours to the true and holy Kirk presently established within this Realme and declared in the first Act of his Highnesse Parliament the twenty day of October the yeare of God 1579. yeares And all and whatsoever Acts of Parliament and Statutes made of before by his Highnesse and his Regents anent the liberty and freedome of the said Kirk and specially the first Act of Parliament holden at Edinburgh the twenty foure day of October the yeare of God 1581. yeares with the whole particular Acts there mentioned Which shall be as sufficient as if the same were here expressed and all other Acts of Parliament made since in favour of the true Kirk and such like ratifies and approves the generall Assemblies appointed by the said Kirk and declares that it shall bee lawfull to the Kirk and Ministers every yeare at the least and oftner pro re nata as occasion and necessity shall require to hold and keepe generall Assemblies Providing that the Kings Majesty or his Commissioners with them to bee appointed by his Highnesse bee present at ilk Generall Assembly before the dissolving thereof nominate and appoint time and place when and where the next generall Assembly shall bee holden and in case neither his Majesty nor his said Commissioners be present for the time in that Towne where the said generall Assembly is holden Then and in that case it shall bee leasum to the said generall Assembly by themselves to nominate and appoint time and place where the next generall Assembly of the Kirk shall bee kept and holden as they have beene in use to doe in times by past And also ratifies and approves the Provinciall and Synodall Assemblies to bee holden by the said Kirk and Ministers twice ilk yeare as they have beene and presently are in use to doe within every Province of this Realme And ratifies and approves the Presbyteries and particular Sessions appointed by the said Kirk with the whole Discipline and Jurisdiction of the same Kirk agreed upon by his Majcsty in conference had by his Highnesse with certaine of the Ministers conveened to that effect Of the which Articles the Tenour followes Matters to bee intreated in Provinciall Assemblies Their Assemblies are constitute for weighty matters necessary to be intreated by mutuall consent and assistance of brothren within the Province as need requires This Assembly hath power to handle order and redresse all things omitted or done amisse in the particular Assemblies It hath power to depose the office bearers of that Province for good and just causes deserving deprivation And generally their Assemblies have the whole power of the particular Elderships whereof they are collected Matters to be intreated in the Presbyteries The power of the Presbyteries is to use diligent labours in the bounds committed to their charge that the Kirkes be kept in good order To enquire diligently of naughty and ungodly persons and to travell to bring them in the way again by Admonition or threatning of Gods judgements or by correction It appertaines to the Eldership to take heed that the word of God bee purely preached within their bounds the Sacraments rightly ministred the Discipline entertained and Ecclesiasticall goods uncorruptly distributed It belongs to this kind of Assemblies to cause the ordinances made by the Assemblies Provinciall Nationall generall to be kept and put in execution to make Constitutions which concerne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Kirk for decent order in the particular Kirk where
they govern Providing that they alter no rules made by the Provinciall or generall Assemblies And that they make the Provinciall Assemblies foresaid privie to the rules that they shall make and to abolish Constitutions tending to the hurt of the same It hath power to excommunicate the obstinate for mall processe being led and due intervall of times observed Anent particular Kirkes if they bee lawfully ruled by sufficient Ministers and Session they have power and Jurisdiction in their owne Congregation in matters Ecclesiasticall And decrees and declares the Assemblies Presbyteries and Sessions Jurisdiction and Discipline foresaid to bee in all times comming most just good and godly in the selfe Notwithstanding of whatsoever Statutes Acts Canons Civill or Municipall lawes made to the contrary To the which and every one of them their presents shall make expresse derogation And because there are divers Acts of Parliament made in favour of the Papisticall Kirk tending to the prejudice of the liberty of the true Kirk of God presently professed within this Realme Jurisdiction and Discipline thereof which stand yet in the bookes of the Acts of Parliament not abrogated nor annulled Therefore his Highnesse and Estates foresaid hath abrogated cassed and annulled and by the Tenour hereof abrogates casses and annulles all Acts of Parliament made by any of his Highnesse Predecessours for maintenance of superstition and idolatry withall and whatsoever Acts Lawes and Statutes made at any time before the day and date hereof against the liberty of the true Kirk Jurisdiction and Discipline thereof as the same is used and exercised within this Realme And in speciall that part of the Act of Parliament holden at Sterling the fourth day of November the yeare of God 1443. yeares commanding obedience to be given to Eugenius the Pope for the time The Act made by King Iames the third in his Parliament holden at Edinburgh the 24. of February the yeare of God 1480. yeares And all other Acts whereby the Popes authority is established The Act of King Iames the third in his Parliament holden at Edinburgh the 20. of November the yeare of God 1469. yeares anent the Saturday and other vigils to be holy dayes from Evensong to Evensong Item that part of the Act made by the Queene Regent in the Parliament holden at Edinburgh the first day of February the yeare of God 1551. yeares giving speciall licence for holding of Pasche and Zuill Item the Kings Majesty and Estates foresaid declares that the 129. Act of the Parliament holden at Edinburgh the two and twentieth of May the yeare of God 1584. yeares shall no wayes be prejudiciall nor derogate any thing from the priviledge that God hath given to the spirituall Office-bearers in the Kirk concerning heads of Religion matters of Heresie excommunication collation or deprivation of Ministers or any such like essentiall censures specially grounded and having warrant of the word of God Item our Soveraigne Lord and Estates of Parliament fore-said abrogates casses and annihilates the Acts of the same Parliament holden at Edinburgh the said yeare 1584. yeares granting commission to Bishops and other Judges constitute in Ecclesiasticall causes to receive his Highnesse presentation to Benefices to give collation thereupon and to put order to all causes Ecclesiasticall which his Majesty and Estates afore-said declares to bee expired in the selfe and to bee null in time comming of none availe force or effect And therefore ordaines all Presentations to Benefices to be direct to the particular Presbyteries in all time comming with full power to give collation thereupon and to put order to all matters and causes Ecclesiasticall within their bounds according to the Discipline of the Kirk providing the fore-said Presbyteries be bound and astricted to receive and admit whatsoever qualified Minister presented by his Majesty or laicke Patrons THE FIRST BOOKE OF DISCIPLINE To the great Councell of Scotland now admitted to the Regiment by the providence of God and by the Common consent of the Estates thereof Your Honours humble Servitours and Ministers of Christ Jesus within the same wish grace mercy and peace from God the Father of our Lord Jesus Christ with the perpetuall increase of the holy Spirit FRom your Honours weereceived a charge dased at Edinburgh the 29. of April in the yeare of our Lord 1560. requiring and commanding us in the name of the eternall God as wee will answer in his presence to commit to writing and in abooke deliver to your wisedomes our judgements touching the reformation of Religion which heretofore in this Realme as in others hath beene utterly corrupted upon the receit whereof so many of us as were in this Towne did conveene and in unity of minde doe offer unto your wisedomes these subsequents for common order and uniformity to bee observed in this Realme concerning doctrine administration of Sacraments election of Ministers provision for their sustentation Ecclesiasticall discipline and policy of the Church Most humbly requiring your Honours that as you looke for participation with Christ Jesus that neither ye admit any thing which Gods plaine word shall not approve neither yet that ye shall reject such ordinances as equity justice and Gods word doe specifie For as wee will not bind your wisedomes to our judgements further then wee are able to prove by Gods plaine Scriptures so must we most humbly crave of you even as ye will answer in Gods presence before whom both ye and wee must appeare to render accounts of all our facts that ye repudiate nothing for pleasure and affection of men which ye bee not able to improve by Gods written and revealed word The first head of Doctrine SEing that Christ Jesus is he whom God the Father hath commanded onely to bee heard and followed of his sheepe wee judge it necessary that his Gospell bee truely and openly preached in every Church and Assembly of this Realme and that all doctrine repugnant to the same be utterly repressed as damnable to mans salvation The explication of the first head LEst that upon this generality ungodly men take occasion to cavill this wee adde for explication By preaching of the Gospell wee understand not onely the Scriptures of the new Testament but also of the old to wit the Law Prophets and Histories in which Christ Jesus is no lesse contained in figure then wee have him now expressed in verity And therefore with the Apostle we affirme that all Scripture inspired of God is profitable to in struct to reprove and to exhort In which bookes of old and new Testaments we affirme that all thing necessary for the instruction of the Church and to make the man of God perfect is contained and sufficiently expressed By the contrary doctrine wee understand whatsoever men by lawes counsells or constitutions have imposed upon the conseiences of men without the expressed commandement of Gods word such as bee the vowes of chastity for swearing of marriage binding of men and women to severall and disguised apparells to the superstitious
needlesse For your incouragement against such and others of the like disposition it hath pleased the Lord to set on worke our pens and in his owne time if presumption bee obstinate hee will inspire them with greater love of his truth to whom he hath given knowledge in measure above them who hath put to their hand and increase their knowledge in whose hearts he hath wrought some love howsoever their knowledge be far inferiour to many of theirs who stand for the truth It is to be remembred that the true friends of discipline are the Ministers of the blessed Evangel of Jesus Christ agreeing in doctrine and administration of the Sacraments and the people of this Realme that professe Christ as he is now offered in his Evangel and doe communicate with the holy Sacraments as in the reformed Kirke of this Realme they are publickly administred according to the confession of Faith and that such as were clothed with the Kirkrents or greedily gaped after the same as Abbots Priors Prioresses Bishops Commendatairs and other sacrilegious usurpers of Kirk-livings as they had place in policie and credit in Court or Councell either professedly or craftily have resisted the course of the Gospel and the discipline thereof as may be seen in these conflicts whereby the Kirke hath ever striven for deliverance from their usurpation till now the zeale of benefices having devoured the zeale of discipline old opposites are thought to be her most loving familiars and her old friends her greatest enemies A strange Case and yet very casuall for the Kirk by seeking worldly preferment to lose spirituall servants as one said Never a Minister got a great Benefice but hee spilt it or it spilt him Item that under the name of discipline is to be understood not onely the particulars expressed in these two bookes but also the Acts Constitutions and practises agreed upon and recorded in the Registers of the Generall and Provinciall Assemblies Presbyteries and Kirk Sessions Thirdly to consider the different conditions of the Kirk in her infancie in her growing and in her ripe age and accordingly to accommodate the discipline to practise as the condition of the time permitted or required and wisely to distinguish betwixt the Kirks purpose and intention in every particular and their possibility to performe and practise as circumstances concurred or were contrary As for example they intended resident Ministers one or moe as Kirks were of largenesse with Elders and Deacons Item Doctors of Divinitie for Schools Assemblies generall provinciall weekely meetings for the interpretation of the Scripture which afterward at Edinburgh the 7. day of July 1579. were judged to be a Presbyterie And they abhorred Anarchie Oligarchie and Hierarchie but with great paines and frequent meetings was abuses condemned and order established so that for lack of ordinary Ministers planted in that respect lack of lawfull Assemblies they were forced occasionally to use Super-intendents and Visiters of Countries who afterward in the generall Assemblie holden at Edinburgh the 4. of August 1590. when Presbyters were well and orderly constitute were declared neither to be necessary nor expedient Fourthly the first and second booke of Discipline penned by the Mininisters of the reformed Kirke and the first booke at the charge and commandement of the great Councell of Scotland subscribed by the greatest part thereof and afterward by many more as may be seene in the Acts of the Kirk the second booke standing insert in publick Register of the Kirk ordained to be subscribed by divers Acts of the Assemblie and confirmed by practise are both for one end To wit to direct reformation in Doctrine Sacraments and exercise of Discipline and to resist Idolatrie and corruptions The first hath more particular purposes The second sets down more fully and particularly the jurisdiction of the Kirk as it agrees or is distinguished from the Civill Policie the Office-bearers of the Kirk with their dutie the Assemblies of the Kirk and distinctions thereof the Patrimony of the Kirk and distribution thereof the Office of a Christian Magistrate in the Kirk certaine heads of reformation with the utility of the said bookes c. Item either of the said bookes confirme the other and neither of them abolish or innovate the other ACTS OF THE GENERALL ASSEMBLY FOR CLEERING AND CONFIRMING THE SAID BOOKES OF DISCIPLINE AND AGAINST THE ADVERSARIES THEREOF For the First Booke BEcause the lives of Ministers ought to bee such Edinburgh Iul. 30. 1562. as thereby others may be provoked to godlinesse It becomes them first to be tried after the triall of the Superintendents if any man have whereof to accuse them in life doctrine or execution of their office After the Ministers must the Elders of every Kirk be tried c. In that whole ordinance anent triall and in the Constitution following anent the subjection of all sorts of Ministers to the Discipline of the Kirk there is no mention of Bishops or any sorts of Prelates as not acknowledged to have any place in the Ministry of the Reformed Kirke Mr. Alexander Gordone called Bishop of Galloway Ibidem making petition for the Superintendencie of Galloway was refused because hee had not observed the order of calling Superintendents and in the meane time was required to subscribe the booke of Discipline Where it is evident that by his Episcopacy he might exercise no Ministeriall dutie and although he was presented by the Lords yet they would not admit him to be Super-intendent except hee subscribed the booke of Discipline And let this be remembred for the subscription of others of whom there may be seene a great number at the end of the said booke It is concluded by the whole Ministers assembled Ibidem That all Ministers shall be subject to their Super-intendents in all lawfull Admonitions as is prescribed as well in the booke of Discipline as in the election of Super-intendents Here observe two things First that Super-intendents might not doe what pleased them Secondly that obedience to bee performed to them was injoyned by the Kirk and set downe in the booke of Discipline and in the election of Super-intendents A Minister lawfully admitted Ibidem shall not bee removed but according to the order of the booke of Discipline so that the said booke is both the warrant of orderly admission and orderly removing According to the fourth head of the booke of Discipline concerning the lawfull election of Ministers Edinburgh Decem. 25. 1562. the Assemblie ordaines That Inhibition shall be made to all and sundry persons now serving in the Ministery who have not entred into their charges by the order in this same head appointed And this Act to have strength as well against them that are called Bishops as others pretending any Ministery within the Kirk It was thought needfull Edinburgh Decem. 25. 1563. for further confirmation of the booke of Discipline that the Earle Marshal Lord Ruthwen Lord Secretar the Commendator of Kilwinning the Bishop of
answered that a part of them had made a publick profession of this Religion before alwayes now they declare and professe the Religion presently professed within this Realme and that they shall maintaine the same to their power As to the rest they think good the King and his Councell bee suited and they shall insist with the King for answer thereto The time to that effect they shall notifie to the Assembly the morne The because in the last conference holden at Sterling by his Graces command concerning the policy of the Kirk Edinburgh Iulii 7. 1579. certaine Articles there anent remaine yet unresolved and referred to further conference Therefore the Assembly craves of his Majesty that persons unspotted of such corruptions as are desired to be reformed may be nominate by his Majesty to proceed in the further conference upon the said policy and time and place to be appointed to that effect The question being proponed by the Synods of Lowthiane to the generall Assembly anent a generall order to be taken for erecting of Presbyteries in places where publick exercise is used Ibidem unto the time the policy of the Kirk be established by law It is answered that the exercise may be judged to be a Presbytery An Article propounded by the Commissioners of the Kirk to his Majesty and Councell Dundie Iulii 12. 1580. that the booke of policy may bee established by an act of privy Councell while a Parliament bee had at which it may bee confirmed Forasmuch as travells have beene taken in the forming of the policy of the Kirk Glasgow Aprilis 24. 1581. and divers suits made to the Magistrate for approbation thereof which albeit hath not yet taken the happy effect which good men would crave yet that the posterity should judge well of the present age and of the meaning of the Kirk the Assembly hath concluded that the booke of policy agreed to in divers Assemblies before should bee registrate amongst the Acts of the Assemblies and remaine therein ad perpetuam rei memoriam And the Copies thereof to be taken by every Presbytery Of the which booke the Tenour followeth c. For as much as it is certaine Edinburgh Aug. 4. 1590. P. Galloway Moderator that the word of God cannot bee kept in the owne sincerity without the holy Discipline be had in observance It is therefore by common consent of the whole Brethren and Commissioners present concluded that whosoever hath borne office in the ministery of the Kirke within this Realme or that presently beares or shall hereafter beare office herein shall bee charged by every particular Presbytery where their residence is to subscrive the heads of Discipline of the Kirk of this Realme at length set downe and allowed by act of the whole Assembly in the book of policy which is registrat in the Assembly-bookes and namely the heads controverted by enemies of the Discipline of the reformed Kirk of this Realme betwixt and the next Synodall Assemblies of the Provinces under the paine of excommunication to be executed against the non-subscrivers and the Presbyteries which shall bee found remisse or negligent herein to receive publick rebuke of the whole Assembly And to the effect the said Discipline may be knowne as it ought to be to the whole brethren It is ordained that the Moderator of each Presbytery shall receive from the Clerke of the Assembly a copy of the said booke under his subscription upon the expenses of the Presbytery betwixt and the first day of September next to come under the pain to bee openly accused in face of the whole Assembly The Assembly ordaines Edinburgh Iulii 2. 1991. that the Discipline contained in the acts of the generall Assembly be kept as well in Angus and Mernis as in all other parts ACTS CONCERNING THE Adversaries of Discipline It is to bee marked that such as adhered to Papistry were enemies beth to reformation and Discipline and such as embraced the true Religion whether Kirkmen or other Professors and yet possessed the Kirk rents were not onely unhearty friends but under colour and in policie as great hinderers as lovers of the benefices and livings belorging to the service of God ALexander Gordon Edinburgh Iulii 30. 1562. being Bishop of Galloway is no other wise acknowledged by the Assembly in respect of spirituall function then as a private man void of Jurisdiction and therefore hee and the rest of that sort are not simply set downe by their title of Bishop but by a note as it were of degradation so called to wit by custome but by no right The said Mr. Alexander Gordon without respect to his place Edinburgh Decem. 25. 1562. or Bishopricke is inrolled after the Super-intendents and is thus designed Mr. Alexander Gordon intitulate Bishop of Galloway and is there leited for the Super-intendencie of Dunfrice Liddisdaill and Galloway and gets commission to present Ministers Exhorters and Readers for planting of Kirkes and to doe such other things as hath beene heretofore accustomed Mr. Alexaxder Gordon named Bishop of Galloway was removed S. Ichnston Iunii 25. 1563. out of the Assembly and accused by the Laird of Gairles his excuses were not found altogether relevant and therefore the Assembly appointed order to be taken anent the matter complained upon Ibidem The Assembly ordained commissions to be given to the Bishops of Galloway Orknay and Catnes for the space of a yere after the date hereof to plant Kirks c. within their owne bounds and that the Bishop of Galloway haunt as well the Shirefdome of Wigtoun as the Stewardie of Kirkubright reckoned within his bounds It was then ordained Ibidem that when any benefice shall chance to vake or is now vacant that a qualified person be presented to the Super-intendent of that Province where the benefice vakes and that he being sufficient be admitted Minister to that Kirk which is destitute of a Pastor that ignorant Idiots bee not placed in such roomes by them that are yet called Bishops and are not Mr. Robert Pont complained upon the Bishop of Dunblane Ibidem that the said Bishop lately said and caused say Masse in Dunblane contrary to the tenor of the Act made thereanent c. Remember to make supplication to the Queenes Majesty and her Councell for remitting the thirds Ibidem or any part thereof to the Bishops that are elected by the Kirk to bee Commissioners to plant Kirkes within their bounds A sentence of unquhile Iames Bishop of Rosse Ibidem Commissioner to unquhile Iames Archbishop of Saint Andrewes pronounced against Iames Hammiltoun of Kincavel was declared wicked ungodly and wrangusly led Bishops Abbots Priors and other Persons beneficed Edinburgh Decem. 25 1566. being of the Kirk who receive teinds and awaite not on the flock committed to their cure anther present themselves to the Generall Assembly are ordained to be summoned by the Super-intendents to compaire at the next generall