Part 52
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.