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A50348 Episcopacie not abivred in His Maiesties realme of Scotland containing many remarkable passages newly pvblished, the contents of the severall chapters follow in the next page. Maxwell, John, 1590?-1647. 1641 (1641) Wing M1380; ESTC R21652 85,480 138

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shall please them within their own Diocese and there all the Clergie of the Diocese are bound to conveene and all matters which concerne the Diocese are therein to be determined by the Bishop So likewise albeit that in the first book of Discipline there is no mention of Synodall or Provinciall Assemblies yet after by Acts of Generall Assemblies it is appointed that every Superintendent and Commissioner shall hold Synods in their own bounds wherein all matters pertaining particularly to their own Diocese or Province shall be determined as appeares by the Assemblie at Edinburgh March 5. 1570. wherein these two Acts are set downe first It is ordained that offenders in hainous crymes shall not appear before the generall Assembly but shall be called before the Superintendents and Commissioners of Provinces to appear before them in their Synodall Conventions and there to receive their injunctions conforme to the order used before in Generall Assemblies Itein It is ordained that all Question● concerning the Province shall be propounded first to the Superintendent et Commissioner to receive resolution in their Synodall conventions and if they be diffieile to be propounded to the next generall Assemblie by the Superiatendent or Commissioner with certification that no Question shall be received hereafter from any private Minister So likewise in the Assemblie at Edinburgh 1568. It is ordained that no Minister exhort or reade or other person shall trouble the Generall Assembly with such matters as Superintendents may and ought to decide in their Synods And if they doe so their Letters shall be rejected Fiftly As no Pastor ought to have place in Nationall Assemblies except such as are authorized thereunto by their Ordinarie Bishop according to the custome of the ancient Church Although our Bishops in Scotland since they were re-established did never usurpe this power to themselves but left the Election of the Commissioner in the power of the Brethren of the Presbyterie So likewise it was ordained in the Assemblie at Edinburgh 1568. That no Minister should have voyce in Generall Assemblies nor leave their flocks to attend thereat unlesse they be chosen by their Superintendent as men known able to reason and of knowledge to judge in matters of weight The same likewise we see testified to have been the Custome of the Church of Scotland by a Letter written by the Lord Glames then Chancellor of Scotland unto Beza about the year 1575. when Episcopacie began to be quarrelled wherein Quaest. 2. he saith Post reformatam Religionem consuetudine receptum est ut Episcopi under which word he comprehendeth the Superintendents ex Ministris Pastoribus ac Senioribus tot quot ijde● Episcopi jusserint unum in locum conveniant cum praecipuis Barronibus ac Nobilibus Religionem veram profitentibus de doctrinâ de moribus inquisituri Sixtly As all the presentation of Benefices vacant were to be directed to the Bishop of the Diocese where the Benefice lyes so that if the person presented be found qualified he may enjoy the same So is it appointed at the Assembly holden at St. Iohnstone Iune 1563. That when any Benefice shall chance to vaick or is now vacant that a qualified person be presented to the Superintendent of that Province where the Benefice lyes and that he being found sufficient be admitted Minister to that Kirk c. Likewise in the Assembly at Edinburgh 1578. wherein they alleage the second book of Discipline was agreed unto one of the Petitions of the Assemblie preferred to the King and Councell was That all presentations to Benefices may be directed to the Commissioner or Superintendent where the Benefice lyes Seventhly As the Ordination of Ministers appertaines peculiarly to the Bishop of the Diocese So likewise the Ordination which by the stile of Scotland is called Admission or Conftirmation not onely of Ministers but also of Readers Schoolmasters and Principalls of Colledges did appertaine to the Superintendents in their owne bounds as is evident by the fifth Chapter of the book of Discipline in the Article of Superintendents and in the Article of Schools and Universities Eightly As Bishops have at all times had power to examine the life doctrine and behaviour of the Clergie of his own Diocese and to admonish correct or censure them accordingly So likewise in the same book of Discipline Cap. 5. the Superintendents received power and authoritie to visit the Churches of their bounds so often as they may and therein not only to preach But also to exmine the life diligence and behaviour of all the Ministers as likewise the orders of the Kirks and manners of the people and to admonish where admonition needeth and to correct them by the censures of the Kirk c. Ninthly As Bishops have power of suspension or deposition of Ministers who are either scandalous in their lives or hereticall in their doctrine So by the book of Discipline and divers Acts of the Assemblies that power doth appertaine to Superintendents Commissioners or Visitors as is manifest by that place of the book of Disciplince cited by us in the former Article and by the Assemblie holden at Edinburgh April 1576. wherein it is said Anent the demand made by Mr. Andrew Hay Parson of Ranthrow if every Commissioner or Visitor in his own bounds hath alike power and Iurisdiction to plant Ministers suspend and depose for reasonable causes the Assemblie resolved affirmative that they have alike power and Iurisdiction therein as is contained in the particular Acts concerning the Iurisdiction of Visitors Tenthly As Bishops because of their places and great charges in overseeing all the Churches have greater rents appointed to them than to other Pastors So likewise by the book of Disciplie Cap. 5. in the Article for the provision of Ministers is appointed almost foure times asmuch stipend for the Superintendent as for other private Ministers Moreover it is evident by many Acts of Generall Assemblies that those Bishops who had joyned themselves to the reformed Church retaining still the office and title of Bishops did by approbation of the generall Assemblies exercise their Iurisdiction over the Ministrie and people of their own Diocese even from the beginning of the Reformation almost for in the Assembly at Edinburgh 1582. Alexander Gordon Bishop of Galloway was authorized to plant Ministers exhorters and readers and to doe such other things as has been heretofore accustomed to be done by Superintendents or Commissioners In the Assembly at S. Iohnstone Iunc 1563. the Bishops of Orknay and Kai●hnes are allowed to exercise the same Iurisdiction and to shew that they did not this by compulsion of Superior Authoritie but of their own voluntary motion in that Assembly it is appointed that a Supplication shall be preferred in name of the whole Assembly to the Queens Majestie that she would be pleased to remit the thirds of the Bishopricks which were then in the Queens hands to the Bishops who were allowed by the Church to be Commissioners for planting of