Part 36
Our Souerane Lord, with auise of his thre Estaittis and haill body of this present Parliament, hes ratifeit and apprevit, and be the tenoure heirof ratifies and apprevis, all and quhatsumever Actis of Parliament, statutis, and constitutionis, past and maid of befoir, aggreabill to Goddis word, for mantenance of the liberte of the trew Kirk of God and Religioun, now presentlie professit within this Realme, and puritie thairof. And specialie the actis maid in the regne of the Quene, his dearest moder, in the Parliament halden at Edinburgh, the 19th day of Aprile, the zeir of God 1567, Anent the cassing, annulling, and abrogating of all lawis, actis, and constitutiounis, cannon, ciuile and municipale, with uther constitutiounis contrair the Religioun now professit within this Realme. And the actis in likewise efter following, made in diuerse Parliamentis, halden sen his Hienes’ Coronatioun. Namelie, the actes anent the abolisching of the Pape and his usurpit authoritie. Annent the annulling of the actis of Parliament, maid againis Goddis word, and mantenance of Idolatrie in any times bypast. The Confessioun of the Faith professit be the Protestantis of Scotland. Anent the Mes abolischit, and punisching of all that heiris or sayis the same. Anent the trew and haly Kirk, and of thame that are declairit not to be of the same. Anent the admissioun of thame that salbe presentit to benefices, havand cuir of ministerie. Anent the Kingis aith to be gevin at his coronation. Anent thame that suld beir publict office heirefter. Anent thriddis of benefices grantit in the moneth of December, the zeir of God 1561 zeris, for sustenyng of the ministerie, and utheris effairis of the Prince. Anent thame that salbe teicheris of the zouth in scules. Anent the jurisdictioun of the Kirk. Anent the dispositioun of Prouestries, Prebendareis, and Chaplanreis to Bursaris, to be foundit in Colleges. Anent the fylthie vice of Fornicatioun, and punischment of the same. Anent thame that committis Incest. Anent lawfull Mariage of the awin blude in degreis, not forbiddin in Goddis word. Ratification and approbatioun of the actis and statutis maid of befoir, anent the freedome and libertie of the trew Kirk of God. Anent the trew and haly Kirk. That the aduersaries of Christis Euangel sall not enjoy the patrimony of the Kirk. Anent the disobedientis, quhilk salbe resavit to oure Soueraine Lordis mercie and pardoun. The explanatioun of the act maid anent manses and gleibis. Anent purchessing of the Papis bullis, or giftis of the Quene, oure Soverane Lordis moder. Approbation of the actis maid anent the dispositioun of benefices to the ministers of Christis Euangel. Anent the reparatioun of Paroche Kirkis. The ratificatioun of the libertie of the trew Kirk of God and Religioune. That the Gleib of the Ministeris and Reideris salbe fre of teyndis. Anent the trew and haly Kirk, and of thame that are declarit not to be of the same. Anent the jurisdictioun of the Kirk, dischargeing of Mercattis, and lauboring on Sondayis, and playing or dreinking in tyme of sermone. Anent the zouth, and utheris bezond sey, suspect to haif declinit from the trew religioun. That householderis haif Bybillis and Psalme buikis. ffor punischment of strang and idill beggeris, and releif of the puir and impotent. And declaris the saidis actes, and ewery ane of thame, and all utheris actis of Parliament, maid in favour of the trew Religioun, sen the said Reformatioun, to haue effect in all poyntis, eftir the forme and tenour thairof.
VIII.
That Ministeris sallbe presentit be the Kingis Maiestie and the lawit Patronis to all benefices of cuir under Prelacyis.[34]--(Ch. 4,) 30 November 1581.
_Item_, It is statute and ordanit be our Souerane Lord, with aduise of his thre Estatis of this present Parliament, That all benefices of cuir, under prelacyis, sallbe presentit be our Souerane Lord, and the lawit personis in the fauoure of abill and qualifeit ministers, apt and willing to enter in that functioun--and to discharge the dewtie thairof. And in cace any sall happin to be gevin and disponit wtherwise herefter, decernis and declaris the giftis and dispositiounis to be null and of none availl, force nor effect.
IX.
Anent the Libertie of the Preching of the trew Word of God, and administratioun of the Sacramentis.--22d May 1584, c. 1.[35]
Oure Souerane Lord, with auise of his thrie Estatis convenit in this present Parliament, hes ratefeit and appreuit, and be the tennour heirof ratefeis and apprevis the libertie of the preching of the trew word of God, and administratioun of the Sacramentis in puritie and synceritie, according to the Confessioun of the Faith receavit and auctorizit be Parliament, in the first zeir of his Majestie’s Regnne.
X.
Anent the Auctoritie of the thrie Estatis of Parliament.--Eo die, c. 3.[36]
The Kingis Majestie, considering the honour and the auctoritie of his Supreme Court of Parliament, continewit past all memorie of man vnto thir dayis, as constitute vpon the frie votis of the thrie Estatis of this antient kingdome, Be quhom, the same, under God, ever hes bene vphaldin, rebellious and traterous subiectis pvnisit, the guid and faithfull preseruit and mantenit, and the lawis and actis of Parliament (be quhilkis all men ar governit) maid and establisit. And finding the power, dignitie, and authoritie of the said Court of Parliament of lait zeris callit in sum doubt, at least sum curiouslie travelling to haue introducit sum innovatioun thairanent, his Maiestie’s firme will and mynd alwayis being as it is zit, that the honour, authoritie, and dignitie of the saids thrie Estatis sall stand and continew in the awin integritie, according to the ancient and louable custome, obseruit in tyme bygane, without ony alteratioun or diminutioun. THAIRFOIR it is statute and ordinit be our said Souerane Lord, and his thrie Estatis assemblit in this present Parliament, That none of his lieges and subiectis presume or tak vpoun hand to impugne the dignitie and authoritie of the saids thrie Estatis, or to seik or procure the innovatioun or diminutioun of the former auctoritie of the same thrie Estatis, or ony of thame, in tyme cuming, vnder the pane of treasoun.
XI.
Ane Act confirming the Kingis Maiesties Royall Power over all Statis and Subiectis within this Realme--Act 1584, c. 2.[37]
Forsamekle as syndrie personis, being laitlie callit befoir the Kingis Majestie and his secreit Counsell, to answer upon certaine pointis to have bene inquirit of thame, concerning sum treasounable, seditious, and contumelious spechis, utterit by thame in Pulpet, Scolis, and utherwayis, to the disdane and reprooche of his Hienes, his Progenitouris, and present Counsell, contemtuouslie declinit the jugement of his Hienes and his said Counsell in that behalf, to the evill exemple of utheris to do the like, gif tymous remeid be not providit: Thairfoir our Souerane Lord, and his thrie Estatis assembled in this present Parliament, ratifeis and apprevis, and perpetuallie confirmis the royall power and authoritie over all statis, alsweil Spirituall as Temporall, within this Realme, in the persoun of the Kingis Majestie, our Souerane Lord, his airis and successouris: And als statutis and ordainis, that his Hienes, his said airis and successouris, be thameselffis and thair counsellis, ar, and in tyme to cum sallbe, juges competent to all personis his Hienes subjectis, of quhatsumever estate, degrie, functioun, or conditioun that ever they be of, Spirituall or Temporall, in all matteris, quhairin they, or ony of thame, sallbe apprehendit, summound, or chargeit to answer to sik thingis as sallbe inquirit of thame, be our said Soverane Lord and his Counsell. And that nane of thame, quhilkis sall happin to be apprehendit, callit, or summound, to the effect foirsaid, presume, or tak upoun hand to decline the jugement of his Hienes, his airis or successouris, or thair Counsell, in the premisses, under the pane of treasoun.
XII.
Ane Act dischargeing all jurisdictionis and judgementis, not approuit be Parliament, and all Assembleis and Conventionis, without our Souerane Lordis speciall licence and commandement.[38]--Act 1584, c. 4.
Forsamekle as in the trublous tymis, during thir xxiiij zeris bypast, syndrie formis of jugementis and jurisdictionis, alsweil in Spiritual as Temporal causes, ar entrit in the practis and custome, quhairby the Kingis Majesties subjectis ar oftymis convocat and assemblit togidder, and panis alsweil civill and pecuniall, as Ecclesiasticall, inioinit unto thame; proces led and deduceit; sentences and decreitis gevin, and the same put in executioun: Na sik ordour as zit being allowit of, and approuit be his Majestie, and his thrie Estatis in Parliament, contrare the custome obseruit in onie other Christiane Kingdome, or weill governit commoun weill; and to the diminissing of the force and power of his Hienes awin lawis, be the quhilkis his Majesties subjectis aucht to be rewlit; and speciallie his Hienes and his Estatis, considering that in the saidis assembleis, certane his subjectis have takin upon thame to justifie, and auctorize the fact perpetrate aganis his Hienes persoun and Estate at Ruthven, and prosecutit thairefter, quhill his Majestie, at Goddis pleasour, recoverit his libertie, having, in thair pretentit maner, maid actes thairupoun, kepis the same in Register, and as zit seimis to allow the said attemptat, althoucht now publictlie condemnit be his Hienes and Estatis as treasounable, nane of the authoris thairof having cravit his Hienes pardone thairfoir. For remeid quhairof, in tyme cumming, swa that according to the lovable act of his darrest Guidsir, King James the Ferd, of worthie memorie, all his Hienes liegeis (being under his obeissance) man be rewlit be his awin lawis, and the commoun lawis of this Realme, and be nane uther lawis: Our Soverane Lord, and his thrie Estatis, assemblit in this present Parliament, dischargeis all jugements and jurisdictionis, Spirituall or Temporall, accustomat to be usit and execute, upoun ony of his Hienes subjectis, quhilkis ar not approvit be his Hienes, and his saidis thrie Estatis, convenit in Parliament: and decernis the same to ceis in tyme cumming, quhill the ordour thereof be first sene and considerit be [his Hienes, and his saidis thrie] Estatis [convenit] in Parliament, and be allowit and ratifeit be thame: Certefeing thame, that sall proceid in using and exerceing of the saidis jugementis and jurisdictionis, or in obeying of the same, not being allowit, and ratifeit, as said is, They sallbe repute, haldin, callit, persewit, and punissit as usurparis, and conteminaris of his Hienes auctoritie, in exemple of utheris. And als it is statute and ordainit, be our said Soverane Lord, and his thrie Estatis, that nane of his Hienes subjectis, of qwhatsumever qualitie, estate, or functioun they be of, Spirituall or Temporall, presume or tak upoun hand, to convocat, convene, or assemble thameselflis togidder, for halding of councellis, conventionis, or assembleis, to treat, consult and determinat in ony matter of Estate, Civill or Ecclesiasticall, (except in the ordinare judgementis) without his Majesties speciall commandement, expres licence, had and obtenit to that effect, under the panis ordinit be the lawis and actis of Parliament, aganis sic as unlawfullie convocatis the Kingis lieges.
XIII.
The Causes and Maner of Deprivation of Ministers.--Act 1584, c. 5.[39]
Our Soverane Lord, and his thrie Estatis, assemblit in this present Parliament, willing that the word of God salbe preachit, and Sacramentis administrat in puritie and synceritie, and that the rentis, quhairon the Ministeris aucht to be sustenit, sall not be possest be unworthie personis neglecting to do thair dewties, for whilkis they accept thair benefices, being utherwayis polluted with the fraill and enorme crymis and vices after specefeit. It is thairfoir statute and ordainit be his Hienes, with auice of the saidis thrie Estatis, That all Personis, Ministeris or Reiddaris, or utheris providit to benefices, sen his Hienes Coronatioun, (not having vote in his Hienes Parliament,) suspectit culpable of heresie, papistrie, fals and erroneous doctrine, commoun blasphemie, fornicatioun, commoun drunkennes, non-residence, pluralitie of benefices having cure, quhairunto they are providit sen the said Coronation, Symonie and dilapidatioun of the rentis of benefices, contrare the lait act of Parliament, being lawfullie and ordourlie callit, tryit, and adjudgit culpable, in the vices and causes abonewrittin, or onie of thame, be the ordinare Bishop of the diocie, or utheris the Kingis Majesties Commissionaris to be constitute in Ecclesiasticall causes, sall be deprivit alsweil fra thair functioun in the Ministerie, as fra thair benefices, quhilkis sallbe thairby declarit to be vacand; to be presentit and conferrit of new, as gif the personis possessouris thairof were naturallie dead: And that it sallbe esteemit and jugeit not-residence, quhair the persoun being in the functioun of the ministerie, providit to ane benefice, sen the Kingis Majesties Coronatioun, makis not residence at his mans, gif he ony hes; and failzeing thereof, at sum uther dwelling place within the parochin, but remainis absent thairfra, and from his kirk, and using of his office, be the space of four Sondayis in the haill zeir, without laufull caus and impediment, allowit be his ordinare. And quhair ony persoun is admittit to ma benefices, havand cure, sen our Soverane Lordis Coronatioun, the acceptatioun of the last sallbe sufficient cause of deprivatioun from the remanent, swa that he be providit to twa or ma benefices havand cure, sen the tyme of the said Coronatioun. And nevertheles this present act sall not extend to ony persoun providit to his benefice befoir the said Coronatioun, nather sall the bruking of the said office, quhairunto he was providit of befoir, induce pluralitie of benefices in this cace, bot he sall allanerlie tyne his richt of the benefice quhairunto he wes providit sen the said Coronatioun alanerlie: And unioun of kirkis to ane benefice not to be jugeit pluralitie, quhill farder ordour be establissit and providit in that behalf: Likeas alswa, the personis being in the functioun of the ministrie, that sall happin to be lawfullie and ordourlie convict befoir our Soverane Lordis Justice-Generall, or utheris thair Jugeis competent of criminall causis, sik as treasoun, slachter, mutilatioun, adulterie, incest, thift, [commoun oppressioun, usurie aganes the lawis of this Realme,] perjurie, or falset: They being likewayis lawfullie and ordourlie deprivit fra thair functioun in the ministerie, be thair ordinare, or the Kingis Commissionaris in Ecclesiasticall causes. The benefices possest be the saidis personis to vaik, be reasoun of the said convictioun, and deprivatioun. And this to have effect and executioun onlie for crimis, vicis, faultis, and offenceis, that sall happin to be committit efter the dait heirof.
XIV.
Act for abolisheing of the Actis contrair the trew Religion. [Ratification of the libertie of the trew Kirk: Of Generall and Synodal Assemblies: Of Presbyteries: Of Discipline. All Laws of Idolatrie ar abrogate: Of presentation to benefices.]--Act 1592.[40]
Our Soverane Lord and Estaittis of this present Parliament, following the lovable and gude example of thair predecessours, Hes ratifiet and apprevit, and be the tenour of this present act, ratifies and apprevis all liberties, privileges, immunities and freedomes quhatsumevir, gevin and grantit be his Hienes, his Regentis in his name, or onie of his predecessouris, to the trew and haly Kirk, presentlie establishit within this realme; and declarit in the first Act of his Hienes Parliament, the twentie day of October, the zeir of God ane thousand, five hundreth, three-scoir ninetene zieres: and all and whatsumevir actis of Parliament, and statutes maid of befor, be his Hienes and his Regentis, anent the libertie and fredome of the said Kirk: and specialie the first act of the Parliament, halden at _Edinburgh_, the twentie foure day of October, the zeir of God ane thousand, five hundreth, and four-scoir ane zieres, with the haill particulare actis thairin mentionat, Quhilk sall be als sufficient as gif the samyn wer herin exprest. And all uther actis of Parliament maid sensyne, in favouris of the trew Kirk; And siklyk, ratifies and apprevis, the Generall Assemblies appointed be the said Kirk: And declairis, that it sallbe lauchfull to the Kirk and Ministrie everilk zeir, at the leist, and offer _pro re nata_, as occasioun and necessitie sall require, to hald and keip Generall Assemblies: Providing that the Kingis Majestie, or his Commissioner with thame to be appoyntit be his Heines, be present at ilk Generall Assemblie, befoir the dissolving thairof, nominat and appoint tyme and place, quhen and quhair the nixt Generall Assemblie salbe haldin: and in caise nather his Majestie, nor his said Commissioner, beis present for the tyme in that toun, quhair the Generall Assemblie beis halden, Then, and in that caise, it salbe lesum to the said Generall Assemblie, be themselffis, to nominat and appoynt tyme and place, quhair the nixt Generall Assemblie of the Kirk salbe keipit and haldin, as they haif bene in use to do thir tymes bypast. And als ratifies and apprevis the Sinodall and Provinciall Assemblies, to be haldin be the said Kirk and Ministrie, twyis ilk zeir, as they haif bene, and ar presentlie in use to do, within every Province of this realme; And ratifeis and apprevis the Presbiteries, and particulare Sessionis, appoyntit be the said Kirk, with the haill jurisdictioun and discipline of the same Kirk, aggreit upon be his Majestie, in conference had be his Heines with certane of the ministrie, convenit to that effect: of the quhilkis Articles the tenour followis. MATERIS to be entreated in Provincial Assemblies: Thir Assemblies ar constitute for wechtie materis, necessar to be entreatit be mutuall consent, and assistance of brethrene, within the Province, as neid requyris. This Assemblie hes power to handle, ordour, and redresse, all things omittit or done amisse in the particulare Assemblies. It hes power to depose the office-beareris of that Province, for gude and just causeis, deserving deprivatioun: And, generallie, thir Assemblies hes the haill power of the particulare Elderschippis, quhairof they ar collectit. MATERIS to be entreated in the Presbiteries. The power of the Presbiteries is to give diligent lauboris in the boundis committed to their chairge: That the kirks be kepit in gude ordour, To enquire diligentlie of naughtie and ungodlie personis: And to travell to bring thame in the way agane be admonitioun, or threatning of Goddis jugementis, or be corectioun. It appertenis to the Elderschip, to tak heid that the word of God be puirlie preachit within thair boundis, the Sacramentis richtlie ministrat, the Discipline intertenyit, And Ecclesiasticall guidis uncorruptlie distributit. It belangis to this kynd of Assembleis, to caus the ordinances maid be the Assembleis, Provinciallis, Nationallis, and Generallis, to be kepit and put in executioun, to mak constitutionis, quhilkis concernis το πρεπον in the Kirk, for decent ordour, in the particulare kirk quhair they governe; Provyding that thay alter na rewlis maid be the Provinciall or Generall Assemblies: And that they make the Provinciall Assemblies foirsaidis, privie of the rewlis that they sall mak, and to abolishe constitutionis tending to the hurte of the same. It hes power to excommunicat the obstinat, formale proces being led, and dew intervall of tyme observit. ANENT particulare kirkis, Gif they be lauchfully rewlit be sufficient minsteris and sessioun, Thay haif power and jurisdictioun in thair awin Congregatioun, in materis Ecclesiasticall. And decernis and declairis the said Assembleis, Presbiteries, and Sessiounes, Jurisdictioun and Discipline thairof foirsaid, to be in all tymes cuming, maist just, gude, and godlie in theselff, Notwithstanding of quhatsumevir Statutis, Actis, Cannon, Civile, or Municipall Lawes, maid in the contrair; To the quhilkis and every ane of thame, thir presentis sall mak expres derogatioun: And becaus thair ar divers Actis of Parliament, maid in favour of the Papisticall Kirk, tending to the prejudice of the libertie of the trew Kirk of God, presentlie professit within this realme, jurisdictioun, and discipline thairof, Quhilk stands zit in the buikis of the actis of Parliament, not abrogat nor annullit: Thairfoir his Heines and Estaittis foirsaids hes abrogat, cassit, and annullit, and be the tennor heirof, abrogatis, cassis, and annullis all Actis of Parliament maid be ony of his Hienes Predecessoris, for mantenance of superstitioun and idolatrie, with all and quhatsumevir Actis, Lawes, and Statutes, maid at ony tyme, befoir the day and dait hereof, aganis the libertie of the trew Kirk, jurisdictioun, and discipline thairof, as the samyn is usit and exerceisit within this realm. And in speciall, that pairt of the sevint act of Parliament halden at [_Streviling_, the fourt day of _November_, ane thousand four hundredth, fourty-three] zeiris, commanding obedience to be gevin to _Eugin_ the Pape for the tyme: the 109 act made be King James the _thrid_, in his Parliament halden at _Edinburgh_ the twenty-fourth day of _Februar_, [the zeir of God] ane thousand, four hundreth, fourscor thrie zeirs. And all utheris actis quhairby the Paipis authoritie is establishit. The 47 act of King James the _third_, in his Parliament halden at _Edinburgh_, the [twenty day of _November_, ane thousand, four hundredth, three scor nine] zeires, anent the Satterday and uther vigilis to be hally dayes from Evin sang to Evin sang. ITEM, that pairt of the 31 act maid be the _Queene Regent_, in the Parliament halden at _Edinburgh_, the first day of _Februar_ ane thousand, five hundredth, fifty-ane zeirs, Geving speciall licence for haldin of _Pashe_ and _Zule_. ITEM, The Kingis Majesty and Estaitis foresaidis declairis, that the secund Act of the Parliament haldin at _Edinburgh_, the xxij day of Maij, the zeir of God ane thousand, five hundredth, four scoir, four zeires, sall naways be prejudiciall, nor derogat anything to the privilege that God hes gevin to the spirituall office beareris in the Kirk, concerning heads of religioun, materis of heresie, excommunicatioun, collatioun or deprivatioun of ministeris, or ony sik essential censours, speciall groundit, and havand warrand of the word of God. ITEM, Our said Soverane Lord, and Estaittis of Parliament foirsaids, abrogatis, cassis, and annullis, the XX act of the same Parliament, halden at _Edinburgh_, the said zeir, ane thousand, five hundredth, fourscoir, four zeires, granting commission to bischoppis and utheris juges, constitute in ecclesiasticall causes, to ressaue his Hienes presentatioun to benefices, to gif collatioun thairupon, and to put ordour in all causes ecclesiasticall: quhilk his Majesty and Estaites foresaidis, declairis to be expyrit in the self, and to be null in tyme cuming, and of nane availl, force, nor effect. And thairfoir ordanis all presentationis to benefices, to be direct to the particular presbiteries, in all tyme cuming: with full power to thame to giff collationis thereupon; And to put ordour to all materis and causes ecclesiasticall, within thair boundis, according to the discipline of the Kirk: Providing the foirsaidis presbiteries be bund and astrictit to ressaue and admitt quhatsumeuir qualifiet minister presentit be his Majestie, or uther laic patrounes.
XV.
Vnqualified persones being deprived, the Benefice vaikis, and the Patron not presentand, the richt of Presentation pertaines to the Presbytery, but prejudice of the tackes, set be the person deprived.--Act 1592, c. 117.[41]