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
Orknay Clerk of Register Iustice Clerke Mr. Henry Balnaves David Forrester and Mr. George Buchanan or any three or foure of them should over-see the said booke and diligently consider the contents thereof noting their judgement in writ and report the same to the next Assembly generall of the Kirk or if any Parliament chance to be in the meane time that they report their judgements to the Lords of the Articles that shall happen to be chosen before the said Parliament By these it is evident that our Kirk acknowledged the first booke to bee the booke of Discipline and no wayes to be abolished but for the use of the Kirk to be further confirmed For the second Booke of Discipline A Nent the causes of the Kirk Edinburgh Junii 25. 1564. and jurisdiction thereof the Assembly appointed the laird of Dunn Mr. Iohn Winram Mr. Iohn Spottiswod Mr. Iohn Willock Super-intendents Mr. Iohn Row George Hay Robert Pont Christopher Gudman Thomas Drumond Iohn Knox Iohn Craig Iohn Rutherford George Buckhanan Robert Hammiltoun Clement Little the lairds of Lundie Elephiustoun Karnall Kers and Thomas Scot of Abbottishall to conveen the morn after the preaching and to reason and conferre anent the said causes and jurisdiction Ordaines an humble supplication to bee made to the Lords of secret Councell anent the commission of jurisdiction Edinburgh Decem. 25. 1566. supponed granted to the Bishop of S. Andrewes to the effect that their honours may stay the same in respect that these causes for the most part judged by his usurped authority pertaine to the Kirk and howbeit for hope of good things the Kirk did over-see the Queens Majesties Commission given to such men who for the most part were our brethren yet can the Assembly no wayes be content that the Bishop of Saint Andrewes a conjured enemy to Christ use that jurisdiction as also in respect of that coloured commission he might usurpe againe his old usurped authority and the same might bee the meane to oppresse the whole Kirk by his corrupt Judgement The whole Assembly thought meet that certaine brethren be appointed to concurre at all times with such persons of Parliament Edinburgh Decem. 25. 1567. of secret Councell as my Lord Regents Grace hath nominate for such affaires as pertain to the Kirk and jurisdiction thereof and also for decision of questions that may occurre in the meane time viz. Mrs. Iohn Knox Iohn Craig Ministers of Edinburgh The Super-intendents of Angus and Lothiane David Borthuike Thomas Mackcalzan David Lindsay Minister at Leith George Hay at Ruthven and Iohn Row at S. Iohnstonn Letters directed from the Assembly by their Commissioners Edinburgh Junii 25. 1567. to the Earls Lords and Barons viz. the Earls Huntly Argyle Cassels Rothes Marshal Munteith and Glencarne to the Lords Boyd Drumond Sanchar Heres Yester Cathcart Mr. of Grahame Fleming Levingston Forbes Salton Glames O gilvis Mr. of Sinclare Gray Oliphant Methven Innermeth M. of Somervell Barons Lochinvar Garlies Shireff of Air Glenurquher Sir Ia. Hamiltoun Bonington Commendatares Arbroth Kilwinning Dunfermling Saint Colms Newbottel Halyrood house shewing them that the Assembly had of long time travelled both in publick and private with all estates continually craving of their honours in speciall that the course of the Evangell of salvation now once of the liberall mercy of God restored to this Realme might continue to all their comforts and their posterities And that for the furthering and maintaining thereof a perfect policy and full liberty might bee granted to this reformed Kirk within Scotland c. An Article presented to my Lord Regent Edinburgh Iul. 1. 1568. That his Grace would cause such as are appointed of the Councel convene with them that are appointed of the Assembly to confer anent the jurisdiction of the Kirk to decide therein that time place may be condiscended upon to that effect and that it be done before the Parliament My Lord Regents Grace ordaines the persons nominate in the act of Parliament to convene the time of the next chekker Edinburgh Iul. 1. 1569. and desine and limitate the jurisdiction of the Kirk according to the word of God and act of Parliament made there anent Extract act secretarii consilii Alexander Hay Articles pertaining to the jurisdiction of the Kirk to be proponed to the Regents Grace and secret Councell Edinburgh Martu 5. 1570. and sought to bee appointed by them 1. That the Kirk have the judgement of true and false Religion of doctrine heresies and such like annexed to the preaching of the word and ministrations of the Sacraments 2. Election examination and admission of them that are admitted to the Ministery or other functions of the Kirk charge of soules and Ecclesiasticall benefices the suspension and deprivation of them there-from for lawfull causes 3. All things concerning the Discipline of the Kirk which stand in correction of manners admonitions excommunications and receiving to repentance 4. The judgement of Ecclesiasticall matters betwixt persons that are in the Kirk and especially among them that are constitute in the Ministery as well concerning beneficiarie causes as others 5. Iurisdiction to proceed by admonitions to the processe of excommunication if need be against them that rob the patrimony of the Kirk pertaining to the Ministery or otherwayes intromet therewith unjustly whereby the Ministery is in danger to decay by occasion of the poverty of the Ministers 6. And because the conjunction of Marriages pertaines to the Ministery the causes of adherence and divorcements ought also to pertaine to them as naturally annexed thereto Brethren appointed to make an overture of the policie Edinburgh Apr. 24. 1576. Sess 6. and jurisdiction of the Kirk c. For the West country the Bishop of Glasgow Mrs. Androw Melvil Androw Hay Iames Graig David Cuninghame For Lowthian Mrs. Robert Pont Iames Lowson David Lindsay Clement Littil and Alexander Simme For Fyfe the Super-intendent thereof with the principall masters of the Vniversitie For Angus and Merns the Laird of Dunne William Chrystesone Iohn Row William Rind Iohn Dunkesone for Aberdene Mrs. Iohn Craig Alexander Arbuthnot George Hay and their persons to conveen ilk country and rank in the places following viz. The West in Glascow Lothian in Edinburgh Fyfe in Saint Andrewes Angus in Montrois the first Tuesday of Iune next to come to confer and advise upon the said matter and to have generall meeting or conventions two or one at least of ilk country in Stirling the last of Iuly thereafter to communicate and cognosce upon their whole travels and labours taken herein and to conferre hereupon and report what they have found and conceived in the said matter to the next Assembly The brethren depute to the conceiving and forming of the heads of the policie of the Kirk Edinbudgh Octob. 1. 1577. being called to give account of their diligence presented the same as they had made partition thereof at the Assembly in Stirling The heads penned by
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
Iesus then that the zeale of Christ Iesus his glory provoke and move you to set his oppressed Kirk at freedome and libertie wee feare your sharpe and suddaine punishments and that the glory and honor of this enterprise be reserved unto others And yet shall this our judgement abide to the generations following for a monument and witnesse how lovingly God called you and this nation to Repentance what counsellours God sent unto you and how you have used the same If obediently ye heare God now calling we doubt not but he shall heare you in your greatest necessitie But if following your owne corrupt judgements ye contemne his voice and vocation we are assured that your former iniquitie and present ingratitude shall together crave great punishment from God who cannot long delay to execute his most just judgements when after many offences and long blindnesse grace and mercy offered is contemptuously refused God the Father of our Lord Iesus Christ by the power of his holy Spirit so illuminate your hearts that ye may cleerly see what is pleasing and acceptable in his presence and so bow the same to his obedience that ye may preferre his revealed will to your owne affections And so strengthen you by the Spirit of Fortitude that boldly yee may punish vice and maintaine vertue within this Realme to the praise and glory of his holy Name to the comfort and assurance of your own consciences and to the consolation and the good example of the posterity following Amen By your Honours most humble servitors From Edinburgh the 20. of May. 1560. Act of Secret Counsell 17 Januarii anno 1560. WEE which have subscribed thir presents having advised with the Articles herein specified as is above mentioned from the beginning of this book thinkes the same good and conforme to Gods Word in all points conforme to the notes and additions hereto eiked and promises to set the same forward to the uttermost of our powers Providing that the Bishops Abbots Priors and other Prelates and benificed men which else have adjoyned them to us bruik the revenues of their benefices during their life times they sustaining and upholding the Ministry and Ministers as herein is specified for the Preaching of the Word and ministring of the Sacraments sic subscribitur James Hamiltoun Archbald Argyle James Stewart Rothes Boid William Lord Hay Alexander Cambell M. Alexander Gordoun Glencarne Vchiltrie Sanquhare S. Jhones William of Culrosse Drumlangrig Bargannie yonger Lochinvar Cunninghamhead James Haliburtoun Ihone Lochart of Bar. Jone Schaw of Halie Scot of Haning James Maxwell George Fentoun of that ilk Andro Ker of Fadounside Andro Hamiltoun of Lethane Deane of Murray The second Booke of Discipline Heads and Conclusions of the Policie of the Kirk CHAP. I. Of the Kirk and policie thereof in generall and wherein it is different from the civill policie THE Kirk of God sometimes is largely taken for all them that professe the Evangell of Iesus Christ and so it is a company and fellowship not onely of the godly but also of hypocrites professing alwayes outwardly the true Religion Other times it is taken for the Godly and Elect only and sometimes for them that exercise spirituall function in the congregation of them that professe the truth The Kirk in this last sense hath a certain power granted by God according to which it uses a proper jurisdiction and government exercised to the comfort of the whole Kirk This power Ecclesiasticall is an authoritie granted by God the Father through the Mediator Iesus Christ unto his Kirke gathered and having the ground in the Word of God to be put in execution by them unto whom the spirituall government of the Kirk by lawfull calling is committed The Policie of the Kirk flowing from this power is an order or forme of spirituall government which is exercised by the members appointed thereto by the Word of God and therefore is given immediately to the office-bearers by whom it is exercised to the weale of the whole body This power is diversly used for sometime it is severally exercised chiefly by the teachers sometime conjunctly by mutuall consent of them that bear the office and charge after the form of judgement The former is onely called potestas ordinis and the other potestas jurisdictionis These two kinds of power have both one authority one ground one finall cause but are different in the manner and forme of execution as is evident by the speaking of our Master in the 16 and 18 of Matthew This power and policy Ecclesiasticall is different and distinct in the own nature from that power and policy which is called Civill power and appertaineth to the Civill government of the Common wealth albeit they be both of God and tend to one end if they be rightly used viz. to advance the glory of God and to have godly and good subjects For this power Ecclesiasticall floweth immediately from God and the mediator Jesus Christ and is spirituall not having a temporall head in the earth but only Christ the only spirituall King and governour of his Kirk It is a title falsly usurped by Antichrist to call himself head of the Kirk and ought not to be attributed to Angel nor man of what estate that ever he be saving to Christ the onely head and Monarch in the Kirk Therefore this power and policy of the Kirk should leane upon the word immediatly as the onely ground thereof and should be taken from the pure fountains of the scriptures the Kirk hearing the voice of Christ the only spirituall King and being ruled by his laws It is proper to Kings Princes and Magistrates to be called Lords and dominators over their subjects whom they govern civilly but it is proper to Christ onely to be called Lord and Master in the Spirituall government of the Kirk and all others that bear office therein ought not to usurp dominion therein nor be called Lords but only Ministers Disciples and servants For it is Christs proper office to command and rule his Kirk universally and every particular Kirk through his spirit and word by the ministery of men Notwithstanding as the Ministers and others of the Ecclesiasticall estate are subject to the Magistrate civill so ought the person of the Magistrate be subject to the Kirk spiritually and in Ecclesiasticall government And the exercise of both these jurisdictions cannot stand in one person ordinary The Civill power is called the power of the Sword and the other the power of the Keys The civill power should command the spirituall to exercise and to doe their office according to the word of God The spirituall rulers should require the Christian magistrate to minister justice and punish vice and to maintaine the liberty and quietnes of the Kirk within their bounds The Magistrate commandeth externall things for externall peace and quietnesse amongst the subjects the Minister handleth externall things onely for conscience cause The Magistrate handleth externall things only and actions done before men but