Master Iohn Row and Iames Lowson were read and nothing said against except that one of the said Mr. Iohn his Articles was referred to further disputation All men being required that had any good reason or Argument to propone in the contrary to alledge the same or if they would not publickly reason on the said head to resort to the said Commissioners where travell should bee taken to satisfie them leaving to them liberty also before the heads be recollected and ordered in one body to make argument as they thinke good against the same The Laird of Dun thought the head given to him obscure The Assembly desired him to conferre with the remanent Commissioners the morne at 7. houres that he may be resolved of the meaning thereof The Remanent heads being prolix were thought good to be contracted in short propositions to be presented to publick reading Sess 2. The head committed to Mr. Androw Hay being read in face of the Assembly nothing was proponed against the same except the Article anent the suspension of Ministers referred to further reasoning David Forgusone his part being read the 18. Article was referred and nothing spoken against the rest The points committed to Mrs. Androw Hay Robert Pont David Lindesay nothing alledged in the contrary The heads committed to Mr. Iohn Craig read some things were desired to be contracted and others referred to further reasoning Sess 3. The whole labours of the brethren taken upon the matter and argument of the policy being wholly read in publick audience of the Assembly it was thought expedient that their whole travailes and worke in this matter being now dispersed should be revised and perused by some brethren and digested and disposed in good and convenient order to be thereafter presented to the Assembly And for that effect the Assembly appointed the brethren Mrs. Iames Lowsone Androw Melvill Iohn Craig George Hay to conveene together to appoint the houres and place thereto and to remaine thereat while the matter be brought to an end And in the meane time if it please any to reason with them in the matter to have accesse thereto Sess 6. Commissioners directed from this Assembly to the Regents Grace for informing his Grace anent the travels of the Kirk in the matter and argument of the policy returned and reported his Grace liked well of their travels and labours they tooke in that matter requiring expedition and hasty outred thereof Sess 9. The brethren appointed to collect the heads of the policie presented of before reported the same gathered and collected in order and digested in one body and all men were required that had good reason or argument to propone to offer them thereto Three heads were called in doubt One de Diaconatu another dejure Patronatus the third de Divortiis wherein they were not resolved nor satisfied As to the rest nothing was thought in the contrary nor opponed thereto These three heads standing in controversie and disputed in utramque partem yet further disputation was reserved to the morne to any man that liked to take the part of reasoning upon him against the said heads Because the matter of the policy of the Kirke collected by the brethren is not yet in such perfect forme as is requisite and sundry things are largely intreated which would bee more summarily handled others required further dilatation for recollecting thereof and putting the same in good order and forme and for avoiding of superfluity and obscurity the substantialls being kept The Assembly presently hath willed their beloved brethren Mrs. R. Pont and Iames Lowson to take travell and labour in the premisses And to the effect that the worke may bee the better compleat and in readinesse against the next generall Assembly which is ordained to begin at Edinburgh the 25. of October next to come the Assembly hath ordained their brethren the Laird of Dun Mrs. Alexander Arbuthnot Androw Melvill Iohn Craig Andrew Hay George Hay Iohn Row David Lindesay Iohn Dunkesone to assemble convene together the 19. of October next in Edinburgh to revise and consider the travels of the said brethren that the same may be the more advisedly proponed publickly as is said In the mean time such as please to reason in the matter to have accesse to the said brethren And likewise ordained the visitours of Countries to make intimation to the Barons that the said work is in hands and to be treated in the next generall convention desiring their presence and concurrence thereto Because the matter of the policy and jurisdiction of the Kirk Edinburgh Octob. 25. 1577. committed to the recollecting forming and disposing of certain brethren being now presented by them was thought expedient to be propounded and intreated the morne after the reading of the generall heads thereof The whole brethren were required to advise with themselves if they found any other head necessarie to be disputed then those and to signifie the same to the Assembly the morne My Lord Regents grace desired the Assembly to proceed forward earnestly in the policie wherein they were labouring and to put the same to an end The rest of this day being consumed in examination of the travells taken upon the policie as is noted thereupon to the next Session the Assembly ordaines it to be proceeded further in Sess 6. This Session being wholly imployed in reasoning upon the heads of the Jurisdiction of the Kirk the same argument was ordained to be followed out the morne so farre as time may serve thereunto The heads of the policie and jurisdiction of the Kirk being wholly read Edinburgh Octob. 25. 1577. and thought good that the same should be presented to my Lord Regents grace as agreed upon by reasoning among the brethren saving the head de Diaconatu which is ordained to be given in with a note that the same is agreed upon by the most part of the Assembly without prejudice of further reasoning to the effect that the said heads may be put in Mundo disposed and set in good order according to the mind of the Assembly The Assembly hath willed Mrs. Iames Lowson Robert Pont David Lindsay and the Clerke of the Assembly to labour with diligence therein and the same being put in Mundo by them according to the originall to be seene and revised by Iohn Dunkeson David Forguson the Laird of Dun Mr. Iames Carmichael and Iohn Brand and being seen by them according to the said originall to be presented by the said Mrs. Iames Lowson Robert Pont and David Lindsay together with a supplication penned and delivered to them by the Assembly unto my Lord Regents grace and in case conference and reasoning bee sought by his grace upon the said heads presented to his grace the Assembly hath ordained the Laird of Dun Mr. Patrick Adamson Iohn Craig Iohn Row Alexander Arbuthnot Androw Melvill Iames Lowson Robert Pont David Lindsay Androw Hay George Hay and Iohn Dunkeson to concurre and await upon the said conference as they shall
be advertised by his Grace For as much as the generall Assembly hath thought meet Edinburgh April 24. 1578. that the travels taken by them upon the policie shall be presented to the Kings Majesty and his highnesse Councell it was found meet that before the copies thereof were delivered they should be yet reviewed and over-seen by Mrs. Robert Pont Iames Lowson and David Lindsay and being written over according to the originall one copy should be presented by them to his highnesse with a supplication penned by them to that effect and another copy to the Counsell The time to be at the discretion of the said brethren so it be before the generall fast And in case conference and reasoning be craved upon the said heads the Assembly hath nominated Mr. Iohn Craig Alexander Arbuthnot the Laird of Dun William Christeson Iohn Row David Forguson Robert Pont Iames Lowson David Lindsay Iohn Dunkeson Androw Melvill Androw Hay Iames Craig to concurre and convene at such times appointed by the King and Counsell as advertisement shall be made to them by the said three brethren And that the said Commissioners at the said conference reason also in the head of the ceremonies and how farre Ministers may meddle with civill affaires and if they may vote in Counsell or Parliament It was required Edinburgh 24 April 1578. that if any brother had any reasonable doubt or argument to propone anent the head de Diaconatu that hee should be ready the morne to offer his reasons where hee shall bee heard and resolved According to the ordinance made yesterday all persons that have any reasonable doubt or argument to propone against the head of the policie were required to propone the same and none offered any argument to the contrary The generall Assembly of the Kirk finding universall corruption of the whole estates of the body of this Realme Ibidem the great coldnesse and slacknesse in Religion in the greatest part of the professors of the same with the dayly increase of all kind of fearefull sinnes and enormities as incest adulteries murthers and namely recently committed in Edinburgh and Sterling cursed sacriledge ungodly sedition and division within the bowels of the Realme with all manner of disordered and ungodly living which justly hath provoked our God although long-suffering and patient to stretch out his arme in his anger to correct and visite the iniquity of the land and namely by the present penury famine and hunger joyned with the civill and intestine seditions whereunto doubtlesse greater judgements must succeed if these his corrections work no reformation nor amendment in mens hearts Seeing also the bloudy conclusions of the cruell Councels of that Roman beast tending to extermine and rase from the face of all Europ the true light of the blessed word of salvation for these causes and that God of his mercy would blesse the Kings highnesse and his regiment and make him to have a happy and prosperous government as also to put in his Highnes heart and in the hearts of his noble Estates of Parliament not onely to make and establish good politick lawes for the weale and good government of the Realme but also to set and establish such a policy and discipline in the Kirk as is craved in the word of God and is contained and penned already to be presented to his Highnes and Councell that in the one and the other God may have his due praise and the age to come an example of upright and godly dealing Therefore the Assembly hath ordained the Act preceding hereanent to be precisely kept in all points Forasmuch as in the last Assembly commission was given to certaine brethren to present to the Kings Highnes and Councel Sterling Junii 10. 1578. the heads of the policie of the Kirk with a supplication to his Grace The Assembly desired the report of the brethrens proceedings who expounded and shew that according to their commission they exhibite to the Kings Majesty a copy of the heads of the policy with the supplication unto his Grace who gave a very comfortable good answer That not only would he concurre with the Kirk in all things that might advance the true Religion presently professed within this Realm but also would be a protector for the Kirk and thereafter his Grace presented to the Councell the said supplication who nominate persons to conferre in the matter and by his Majesties procurement obtained of the Councell that they might choose so many Ministers to conferre as was at length agreed upon which conference is ready to be showen In respect that at the desire of the Assembly Edinburgh Octob. 29. 1578. a certaine of the Nobility were convened viz. my Lord Chancellor the Earle of Montros my Lord Seatoun my Lord Lyndsay it was exponed and showen to the Moderator of this Assembly what care and study the Assembly had taken to entertaine and keepe the purity of the sincere word of God unmixed with the invention of their owne heads which their speciall care was to reserve to the posterity hereafter And seeing that the true religion is not able to continue nor endure long without a good discipline and policy in that part have they also imployed their wit and study and drawne forth out of the pure fountaines of Gods word such a Discipline as is meet to remaine in the Kirk which they presented to the Kings Majesty with their supplication at whose direction certaine Commissioners were appointed to reason with such as were deputed by the Kirk where the whole matter being disputed was resolved and agreed except a few heads and thereafter againe presented to the Lords of the Articles that the said Discipline might have place and bee established by the acts and lawes of the Realme wherein no the lesse their travells have not succeeded praying therefore the Nobility present as well openly to make profession to the Assembly if they will allow and maintaine the Religion presently established within this Realme as also the policy and discipline already spoken of and to labour at the King and Councels hands for an answer to the heads following to wit That his Grace and Councell will establish such heads of the policy as were already resolved and agreed upon by the said Commissioners and cause such others as were not finally agreed on to be reasoned and put to an end and that his Grace and Councell will restore to the Kirk the act of Parliament concerning the Thirds And that none vote in the Parliament in name of the Kirk except such as shall have commission from the Kirk to that effect And that presentations to benefices be directed to the Commissioners of Countries where the benefices lie And to the end that the matter may bee the better and sooner exped that their Lordships would appoint such time convenient there to as they may best spare that such of the brethren as shall bee named thereto may wait upon their Honours Hereunto the said Noblemen
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