Part 54
8. And albeit it wes thocht guid for avoiding grett inconuenientis, that the auld possessouris of sic benefices quha imbracit the religioun, sould inioy be permissioun, the twa pairt of the rentis quhilks thay possesst befoir, induring thair lyfetymis, zit it is not tollerable to continew in the Kirk lyke abuse, and gif thais places and utheris benefices of new to als onmeit men or rather onmeitar, quha ar not myndit to serue in the Kirk, bot leid a lone and idle lyf as the utheris did quha bruikit thame in the tyme of blindnes.
9. And insafar as in the ordour tane at Leyth in the zeir of our Lord Jaj. v^c. seventie-ane year, it appeiris that sic may be admittit, being fund qualifeit, &c. ather that pretended ordour is agains all guid ordour, or ellis it must be onderstandit not of thame that be qualifeit to worldlie effaires to serue in the court, bot sic as ar qualifeit to teache Goddis word, havand thair lawfull admissioun of the Kirk.
10. As to bischoppis, gif the name επισχοπος be properlie takin, thay ar all ane with ministeris, (as was befoir declairit;) for it is not the name of superioritie and lordschip, bot of office and watching.
11. Zit, becaus in the corruptioun of the Kirk, this name, as utheris hes bene abused, and zit is lyk to be, we cane not allow the fashioun of thais new chosine bischoppis, nather of the chapteris that ar electouris of thame to sic office as thay ar chosene.
12. Trew bischopis sould addict thame selfis to ane particular flok, (quhilk sindry of thame refusis,) nather sould thay usurp lordship ouer thair brethrene, and ouer the inheritance of Chryst, as thais men do.
13. Pastouris, insafar as thay ar pastouris, hes not the office of visitatioun of ma Kirkis joint to the pastureschip, without it be gevin thame.
14. It is ane corruptioun, that bischopis sould haue fordar boundis to visit, nor thay may lawchfully.
15. Na man aucht to haue the office of visitatioun, bot he that is lawchfullie chosine be the presbytrie thairto.
16. The elderschippis being weill establishit, hes power to send out visitouris, ane or ma, with commissioun to viseit the boundis within thair elderschippis. And siclyk eftir compt tane of thame, ather to continew thame, or renew thame frome tyme to tyme, to the quhilks elderschippis thay sall be also subiect.
17. The criminall jurisdictioun joint in the persone of ane pastoure, is ane corruptioun.
18. It aggreit not with the word, that bischoppis sould be pasture of pasturis, pasturis of mony flokis, and ʒit without ane certane flok, and without ordinar teiching.
19. It aggreit not with the Scripturis, that thay sould be exemit fra correctioun of thair brethrene, and discipline of the particular elderschip of the Kirk, whereat they sould serve; nather that thay sould usurp the office of visitatioun of uther kirkis, nor ony uther functioun besyd uther ministers, bot safar as beis committit to thame be the Kirk.
20. Heirfoir, we desyr the bischoppis that now ar, ayther to aggrie to that ordour that Goddis word requyris thame, and as the generall Kirk will prescryue unto thame, not passing that boundis, nather in ecclesiasticall nor civile effairis, or ellis to be deposit frome all functioun in the Kirk.
21. We deny not in the meane tyme, bot ministeris may and sould assist thair Princes quhen thay ar requirit, in all thingis aggreable to the word, quhidder it be in Counsall or Parliament, or utherwyse, providing alwayis thay nather negleck thair awin chargis, nor throw flatterie of Princes, hurt the publick estait of the kirk.
22. Bot generallie, we say, na personis, under quhatsumeuer title of the kirk, and speciallie the abused titles in Papistrie, of Prelats, Conuents, and Chapteris, aucht to attempt ony act in the kirkis name, ayther in Counsall, Parliament, or out of Counsall, having na commissioun of the reformit kirk within this realme.
23. And be act of Parliament it is providit, that the Papisticall kirk and jurisdictioun sould have na place within the same, and na bischop nor uther prelat in tymis cuming, sould use ony jurisdictioun flowing from his auctoritie.
24. And againe, that na uther ecclesiasticall jurisdictioun sould be acknawlegeit within this realme, bot that quhilk is, and salbe within the reformit kirk, and flowing therfra.
25. So we esteme halding of chapetirs in Papisticall maner, ayther in cathedrall kirkis, abbayis, collegis, or uther conventuall places, usurping the name and auctoritie of the kirk, to hurt the patrimony thairof, or use ony uther act to the preiudice of the same, sene the ʒeir of our Lord 1560 ʒeiris, to be abusioun and corruptioun, contrar to the libertie of the trew kirk and lawis of the realme, and thairfoir aucht to be annullat, reducit, and in tymis cuming utterlie dischargit.
26. The dependences also of this Papisticall jurisdictioun ar to be abolished, of the quhilk sort is the mingled jurisdiction of the commissaris, in safar as thay mell with ecclesiasticall materis, and haue na commissioun of the kirk thairto, bot war erectit in tyme of our Soverainis mother, whan thingis war out of ordour. It is an absurd thing, that sindrie of thame, having na functioun in the kirk, sould be ingis to ministeris, and depose thame fra thair rowmis: Thairfoir, ather thay wald be dischargit to meddle with ecclesiasticall matteris, or it wald be limitat to thame in quhat materis thay might be Juges, and not hurt the libertie of the kirk.
27. Thay also that of befoir war of the ecclesiasticall estait in the Papis kirk, or that ar admittit of new to Papisticall titles, and now ar tollerat be the lawis of the realme, to posses the twa pairt of thair ecclesiasticall rentis, aucht not to haue ony forder libertie, bot to intromet with the portioun assignit and grantit to thame for thair lyfetime, and not, under the abusit titles quhilks thay had, to dispone the kirk rentis, set takis and fewis thairof at thair plesour, to the greit hurt of the kirk, and pure lauboraris that dwell upone the kirk-landis, contrarie to all guid conscience and ordour.
Certane speciall Heidis of Reformatioun quhilk we crave.
CAP. 12.
1. Quhatsoeuir haue bene spokine of the offices of the kirk, the seuerall power, the office-beraris thair conjunct power also, and last of the patrimony of the kirk, we onderstand it to be, the right reformation, whilk God cravis at our handis, That the kirk be ordourit according thairto, as with that ordour quhilk is maist aggreable to the word of God.
2. Bot becaus sumthingis willbe twichit in particular, concerning the estait of the countrie, and that quhilk we principallie seik to be reformit in the same, we haue collectit thame in thir heidis following:
3. _First_, seing the haill countrie is devydit in provinces, and thir provinces agane ar diuidit in paroches, alsweill in landwart as in townis; in euery paroche of reasonable congregationis, there wald be placit ane or ma pasturis to feid the flok, and na pasture or minister, aucht to be burdenit with the particular charge of ma flockis or kirks thene ane alanarlie.
4. And becaus it willbe thocht hard to find out pasturis or ministeris to all the paroche kirkis of the realme, alsweill in landwart as in borrows townis, we think, be the advice of sic as commissioun may be gevine to, be the kirk and the prince, paroches in landwart or small villages, may be joint twa or thrie or ma, in sum places togidder, and the principall and maist commodious kirkis to stand, and to be repairit sufficientlie, and qualifeit ministeris placet thereat; and the uther kirkis, quhilk ar not fund necessar, may be sufferit to decay, thair kirk-zairdis alwayis being kepit for buriall places: And in sum places quher neid requyris, ane parochine, where the congregatioun is ouir greit for ane kirk, may be diuidit in twa or ma.
5. Doctouris wald be appointit in universities, collegis, and uther places neidfull, and sufficientlie prouydit, for to oppin up the meaning of the Scripturis, and to haue the charge of scoles, and teache the rudiments of religioun.
6. As to eldaris, thair waldbe sum to be censuris of the maneris of the peple, ane or ma in euerie congregatioun; bot not an assemblie of eldaris in euery particular kirk, bot onlie in the townis and famous places quher resort of men of jugement and habilitie to that effect; may be had.
7. Quhair the eldaris of particular kirkis about may convene togidder, and haue ane commoun elderschip and assemblie-place amongis thame, to treat of all thingis that concerne the congregatioun of whome thay haue the ouersicht.
8. And as thair aught to be men appointit to unit and diuyd the paroches, as necessitie and commoditie requiris, Sa wald thair be appointit be the generall kirk, with assent of the Prince, sic men as feireth God, and knew the estait of the countreis, that war able to nominat and designe places, quhere the assembleis of particular elderschippis sould convene, to tak consideratioun of the dioces as thay war diuidit of auld, and of the estait of the countreis and provinces of the realme.
9. Lykeways as concerning provinciall and synodall assembleis, consideratioun war easie to be had, how mony and in quhat places thay war to be haldine, and how oftene thay sould convene,--aucht to be referit unto the libertie of the general kirk, and ordour to be appoyntit therein.
10. The Nationall Assembleis of this countrie, callit commounlie the Generall Assembleis, aught alwayis to be retenit in thair awin libertie, and to haif their awin place, with power to the kirk to appoint tymis and places convenient thairfoir.
11. And all men, alsweill magistratts as inferiouris, to be subject to the jugement of the same in ecclesiasticall causis, without ony reclamatioun or appellatioun to onie iudge, ciuile or ecclesiasticall, within the realme.
12. The libertie of the electioun of personis callit to ecclesiasticall functionis, and obseruit without interruptit continewnce salang as the kirk was not corruptit be Antichryst, we desyr to be restoirit and retenit within this realme:
13. So that nane be intrusit upone ony congregatioun, aither be the Prince or ony inferiour persone, without lawchfull electioun and the assent of the peple ouir quhom the persone is placet, as the practise of the apostolicall primitiue kirk and guid ordour craves.
14. And becaus this ordour, quhilk Goddis word cravis, can not stand with patronages and presentationis to benefices, usit in the Papis kirk, We desyr all thame that trewlie feiris God, eirnestlie to considder, that forswamekle as the names of patronagis and beneficis, togidder with the effect thairof, are flowene frome the Pape, and corruptioun of the canone law onlie insafar as thairby ony persone was intruised and placit ovir kirkis hauing _curam animarum_; And forswameikle as that maner of proceding hes na ground in the word of God, but is contrar to the same, and to the said libertie of electioun, thay aucht not now to have place in this licht of reformatioun: And therefoir quhasaever will trewlie imbrace Goddis word, and desyr the kingdome of his Sone Jesus Chryst to be aduancit, thay will also imbrace, and resaue that policie and ordour quhilk the word of God, and upright stait of his kirk craves, vtherwyse it is in vane that thay sould haue profest the same. Notwithstanding as concerning uther patronages of benefices that have not _curam animarum_, (as they speik,) sic as ar chaplanreis, prebendaries fundeit upon temporall landis, and annuallis, and siclyk, may be reseruit unto the ancient patronis, to dispone that upone, quhan thay veaik, to scolleris and bursaris, as thay are requirit be the act of Parliament.
15. As to the kirk rentis in generall, we desyr the ordour to be admittit and mantenit amangis us, that may stand with sinceritie of Goddis word, and practes of the puritie of the kirk of Christ.
16. _To wit_, that as was befoir spokine, in the haill rent and patrimony of the kirk, (excepting the small patronagis befoir mentionat,) may be divydit in four partis and portionis: Ane thairof to be assignit to the pasture for his intertenement and for hospitalitie; ane uther to the eldaris, deaconis, and utheris officiaris of the kirk, sic as clerkis of assembleis, takaris up of the psalms, beadallis and keparis of the kirks, safar as thay ar necessar; joyning thairwith also, the doctouris of scoles, to help the ancient foundationis quhere neid requireth: The thrid portioun to be bestowit unto the pure memberis of the faithfull, and hospitallis: The fourt for reparatioun of the kirkis, and utheris extraordinar chargis as ar profitable for the kirk, and also for the commoun welth, gif neid require.
17. We desyr thairfoir, the ecclesiasticall guidis to be upliftit, and distributit faithfullie, to quhome thay appertene, and that be the ministrie of the deaconis, to quhais office properlie the collectioun and distributioun thereof belangis: that the pure may be answerit of thair portioun thereof, and thay of the ministrie leue without care and solicitud, as also the rest of the thesaurarie of the kirk may be ressauit, and bestowit to the richt uses.
18. Gif thayes deaconis be electit with sic qualiteis as Goddis word craves to be in thame, thair is na feir that they sall abuse thame selfis in thair office, as the prophane collectouris did of befoir.
19. Zit becaus this vocatioun apperes to mony to be dangerous, let them be oblisht (as thay war of auld) to ane ʒeirlie compt to the pasturis and elderschip; and gif the kirk and Prince think expedient, lat cautioneris be oblist for thair fidelitie, that the kirk rents onnawayis be delapidat.
20. And to the effect this ordour may tak place, it is to be prouydit, that all utheris intromettouris with the kirkis rentis, collectouris generall or speciall, whidder it maybe by appointment of the Prince, or utherwayis, be denudit of forder intromissioun thereof, and suffer the kirk rentis in tymis cuming to be haillalie intromettit with be ministrie of the deaconis, and distribute to the usis afoir mentionat.
21. And also, to the effect that the ecclesiasticall rentis may suffice to the uses for the quhilk thay ar to be appointit, we think it necessar to be desyred, that all alienationis, setting in fewis or takis of the rentis of the kirk, alsweill landis as teindis, in hurt and diminutioun of the auld rentallis, be reducit and annullat, and the patrimony of the kirk restoirit to the formar and auld libertie.
22. And lykewayis, that in tymis cuming, the teindis be set to nane bot to the laubouraris of the ground, or ellis not set at all, as it was aggriet upone, and subscryuit be the nobilitie befoir.
The Vtilitie that sall flow of this Reformatioun to all Estaitis.
CAP. 13.
1. Seing the end of this spirituall gouernament and policie, quhairof we spak, is, that God may be glorifeit, the kingdome of Jesus Chryst advancit, and all thay quho ar of his mysticall body, may leve peceablie in conscience: Thairfoir we dar bauldlie affirme, that all thay quha haue trew respect to thais endis, will evin for conscience caus, gladlie aggrie and conforme thame selfis to this ordour, and aduance the same, safar as lyis in thame, that their conscience being set at rest, thay may be replenisched with spirituall gladnes in geving full obedience to that quhilk Goddis word and the testimony of thair conscience dois craue, and refusing all corruptionis contrare unto the same.
2. Nixt, we sall becum an example and patrone of guid and godlie ordour to uther nationis, cuntreis, and kirkis professing the same religioun with us, that as thay haue glorifeit God in our continewing in the sinceritie of the word hitherto, without all errouris, (praise be to His name,) sa thay may haue the lyk occasioun in our conuersation, quhen as we conforme our selfis to that discipline, policie, and guid ordour, quhilk the same word and puritie of reformatioun craves at our handis; vtherwayis this feirfull sentence may be iustlie said to us, The servand knawand the will of the maister, and not doing it.
3. Mairouir, gif we haue ony pitie or respect to the puir memberis of Chryst, quha sa greatlie increase and multiplie amangis us, we will not suffer thame to be langer defraudit of that part of the patrimony of the kirk, quhilk justlie belangis unto thame: And be this ordour, gif it be dewlie put in executioun, the burding of thame sall be takine of us to our greit confort, the streitis sallbe changed of the cryingis and murmuringis of thame; as we salbe na mair sklander to uther nationis, as we haue hitherto bene, for not taking ordour with the puir amangis us, and causing the word quhilk we profess to be euill spokine of, giving occasioun of sclander to the enemies, and offending the consciences of the semple and godlie.
4. Besyds this, it sallbe a greit ease and commoditie to the haill commoun peple, and releving thame of the beilding and uphalding of thair kirkis, in bigging of briggis and uther lyk public warkis; to the laubourars of the ground in the payment of thair teindis; and schortlie in all cheif thingis, quhairunto thay have bene hitherto rigorouslie handlit be thame that war falsely callit kirkmen, thair tackkismen, factouris, and extortionaris.
5. Finallie, to the Kingis Majestie and common-welth of the countrie, this profit sall redound, That the uther effairs of the kirk being sufficientlie provydit according to the distributioun of the quhilk hes bene spokin, the superplus being collectit into the thesaurarie of the kirk, may be profitablie imployit, and liberallie bestowit upon the extraordinar support of the effairis of the Prince and commoun-welth, and speciallie of that part quhilk is appoyntit for reparatioun of the kirks.
6. Sa, to conclude; all being willing to apply thameselfis to this ordour, the peple suffering them selfis to be reulit according thairunto, (the Princes and Magistrats thame selfis not being exemit,) and thay that ar placit in ecclesiasticall estait, rychtlie reuling and governing, God sallbe glorifeit, the kirk edifeit, the boundis thairof inlargit, Chryst Jesus and his kingdome set up, Sathane and his kingdome subuertit, and God sall dwell in the meddis of us, to our comfort, throw Jesus Chryst, quha, togidder with the Fader and the Halie Ghaist, abydeth blissit in all eternitie. So be it.
_Finis._
Mr J. RICHIE.
_Deo Gratias._
This Buik of Policie being red apart privatlie be the maist pairt at sundrie tymis, and the penult of September 1591, being publicklie in the Elderschip of Haddingtoun, was subscryvit be the brethren thairof, according to the Act of the Generall Assemblie, as follows:--
Act 8 Augusti, Sess. 10.
Mr Thomas M‘Gee, minister of Guland. James Gibsone, minister at Pencatland. Mr James Carmichaell, minister at Hadingtoun. Mr L. Hay, Bass.
Thomas Greg, minister at North Berwick. James Reid, minister at Garvat Kirk. D. I. Byris, minister of Godis word at Barow. James Lamb, minister at Boltoun Kirk. Mr Johne Ker, minister at Abarladay. David Wallace, minister at Moreine.
RESCINDED ACTS OF ASSEMBLY.
[RESCINDED ACTS OF ASSEMBLY.]
In the Assemblie of the Kirk of Scotland conveint be his Majestie, and halden at Linlithgow, anno 1606.
Sess. 3. 12. Decembris.
In lyke maner the Conference finding that nothing mair weakened the credit and strenth of the ministerie and discipline of the Kirk against Papists, nor mair emboldned the adversares to goe fordward in their erronious course, than the appearances of division in the ministrie amang themselves, and the alienatione quhilk seemeth to be of his Majestie’s mynd from some of them: Therefore, for the removeing of all eye lysts and shew of division and alienation of mynds, either amang the ministers themselves, or of his Majestie’s good affection and favour from any of them, was thocht ane soveragne remedie for the effectuall suppressing of papistrie. And having searched and found out the cause of the distraction, of alienation of mynds forsaids in the ministrie, to be partlie a feare that some of the brether was of purpose, and upon course to subvert the libertie and discipline of the Kirk of Scotland, by removing the Sessiouns, Presbytries, Provinciall and Generall Assemblies, or by vsurping in their awn persons some sick tyrranous and vnlawfull jurisdiction as is no wayes lawfull, neither to be tolerated in a truelie and Christian reformed Kirk, and to shake off that obedience to all good ordour and comelines, established or to be established by the lawfull assemblies with his Majestie’s consent; and particularlie a griefe that some of the brether now banished foorth of his Majestie’s dominions, and uthers diseased, be long warding and relegation from their habitations and charges: And finding lykewayes be the declaration of his Majestie’s commissioners, and sick as were privie to his Majestie’s mynd, that his Hieness was no less grieved with divers formes and actions of some of the ministrie, for not haveand due regard and care to vse sick course in their actions and administration in the Kirk affaires, as might serve to intertain a solid peace and quyetnes betweene his Majestie and them, as lykewayes mutuallie amang themselves, and in speciall, that the charge of their governement was oftentymes almost ordinarlie committed to sick as, for lake of wisdome and experience, was no wayes able to keep their estate in any good frame or quyetnes, quherunto his Majestie imputed the chiefest cause of all the greifes and troubles quhilk had fallen out this lang tyme amangst the ministrie themselves, or any offence given be any of them to his Majestie, and that his Majestie could not be satisfied quhill this inconvenient were first removed, and a faithfull remedie provyded, that thereafter the lyke sould not fall out, quhilk his Majestie summarlie comprehended in this, if the affaires of the Kirk sould be administrat be the wysest and most godlie; wheranent also his Majestie’s speciall overture as heirafter followes, was prepared: