Part 60

Therefore, his Majestie, with advyse of his Estaits foresaids, Ordeins the saids persons possessours of the lands or teyndes of bishopricks by virtue of infeftments, confirmations or tacks of the samine granted or sett since the said act of annexation, and conforme to the samine, and lawes of the realme, at the tyme of the making thereof, shall have the securities, confirmations, tacks and rights of the saids lands and teynds of the bishopricks foresaids, renewed and granted to them in sufficient, valeid, and perfite forme by the bishops, possessours of the saids benefices. The saids fewers, tacksmen and tenants, paying to the saids bishops, for gressum, entresse and composition, for renewing of their saids fewes of all lands, and others belanging to the saids bishopricks; and als ratification of their saids tacks of all teyndes perteining thereto; Of the whilks at the day and date hereof, there are ten yeares crops of the samine to runne; The double of the yearlie silver duetie, conteined in their saids fewes and tacks; and the single of the victual duetie, and of all others dueties expressed therein, and that by and attour the yearlie duetie expressed in their saids fewes and tacks: The whilks dueties, for gressum, entresse and composition, the haill Estaites of Parliament declares, shall be payed by the saids fewers, tacksmen and tenants, within yeare and day, after they be lawfullie cited to that effect, and for that samine cause, or after that intimation of the samine be made to them, by the bishops in their awne courts.

And in case of not thankful payment, of the double of the said silver duetie, and of the single of the said victual, and others dueties to be payed within yeare and day, after the said citation and intimation, as said is; The saids Estaites of Parliament findes and declares, that the saids fewers and tacksmen shall be astricted to pay after the expyring of the said yeare and day, thankfull payment not being made within that space of the foresaids gressumes, entresse and composition, extending to the quantitie above written; the quadruple of the silver duetie, and the double of the said victual, and others dueties foresaids, to be payed to the saids bishops, by and attour the yearlie dueties conteined in the saids fewes and tacks, as is before said. And the saids Estaites ordeines and declares, that if there be not ten years compleit to runne of the saids tacks of teynds, perteining to the kirks of the saids bishopricks, after the day and date hereof; in that case, the tacksmen on nawyse shall be astricted to pay any gressum, entresse or composition for the samine, to the saids bishops, but they to be free thereof.

Attour, the saids Estaites declares, that the said act and ordinance of Parliament shall nowyse be extended, comprehend, nor prejudge any fewes of bishopricks, lawfullie sett and confirmed before the said act of annexation, whilk was in the said moneth of Julie, ane thousand, five hundreth, fourscore seven years. Excepting and reserving alwyse forth of this present act, all dispositions made of whatsomever patronages of kirks perteining to the saids bishopricks, disponed by lawful titulares, and the King’s Majesty, and ratified in Parliament, in favours of whatsomever person or persons, and nane others. And findes and declares all dispositions whatsomever, made of the foresaids patronages of all kirks perteining to the bishopricks disponed by the lawful titulares, and his Majesty, and not confirmed in Parliament, to be of nane avail, although the samine patronages be graunted and disponed by the King’s Majesty and titulares thereof. And lykwyse, excepting and reserving all common kirks, perteining of auld to the saids bishopes, and their chapter in commounity, whilks are disponed by his Majesty, to whatsomever person at any tyme preceeding this present act. And the saids Estaites declares, that if there be any common kirks, perteining to the saids bishopricks, and to their chapters of auld, that now perteins and falles to them be vertew of this present act, That thereby the ministers, wha are lawfully provided to the saids common kirks by presentation, collation, and admission, and serving thereat, shall nowyse be prejudged during their lyftymes; but that the saids provisions shall be sufficient right and warrand to the saids ministers, to bruike, joyce, and possesse their common kirks foresaids, according as they are provyded thereto, for all the dayes of their lyfetymes. Notwithstanding whatsomever clause conteined in this present act, or any other act of Parliament, that might make any derogation to the saids provisions. Excepting alwyse, and reserving the Castell of Sainct-Androes, and castell yardes of the samine, disponed to George Earle of Dumbar, upon the resignation of George Arch-bishoppe of Sainct-Androes, dissolved and dismembered from the said archbishoprick, by Our said Soveraigne Lord and Estaites, with expresse consent and assent of the said Arch-bishoppe, personally compearand in Parliament. Whom to Our said Soveraigne Lord, in place and recompence of the said castell, hes given and disponed the provestry of Kirkhill, viccarge and arch-deinrie of Sainct-Androes, to remaine with the said arch-bishop and his successours, by and attour ane yearly pension of three hundreth markes, given to the said arch-bishop, sa that the said castell and castell yardes shall nowyse be comprehended in this present act, nor yet shall be compted nor esteemed in any tyme hereafter, any part or portion of the patrimony of the said arch-bishoprick, but shall remaine with the said George Earl of Dumbar, his heires and successours, as their proper heritage lawfully disponed to them, and dissolved from the said arch-bishoprick. And in lyke manor, the saids Estates declares that the foresaid act, graunted in favours of the saids bishops, shall not be extended, nor be prejudiciall to the infeftments, rights and tytles made to Sir Robert Melveil of Murdocarnie, Knight, his heires and successours mentioned therein of the lands of Monymail and Lethame, with the manerplace, yeardes, and bigging of Monymaill, and patronage of the Kirk of Monymaill perteining of auld to the Arch-bishop of Sanct-Androes. And declaris the samine infeftments to stand in the awne strength, notwithstanding this present act. Provyding alwyse, that the said Sir Robert Malvill and his heires sustaine and entertaine the ministers serving at the said kirk, upon the frutes of the samine kirk. And notwithstanding this present act and haill clauses therein conteined, Our said Soveraigne Lord, with advyse foresaid, having considered the fewers of the barony of Glasgow, to be many in number, and the poverty of the maist part of them to be sik as they are not habile to furnishe the ordinare charges for renewing their infeftments, have dispensed, and by this present act dispenses anent the foresaid clause of renewing of fewes, with sa many of the saids fewers as have taken their fewes without diminution of the rentall, and conversion of victual, and other dewties in silver. And wha shall obteine ane ratification from Johne now Arch-Bishope of Glasgow, of the saids fewes and rights, before the feast of Alhallowmes next to come. And declares the fewes lawfully set, as said is, to the saids persons, valide and effectual, their heirs, successours, and assignayes, alwyse entering by the said arch-bishope, as their immediat superiour; and by his successours to their saids lands, rowmes and possessions, by brieves raised out of the said arch-bishops chancellarie, precepts of _clare constat_, resignations and confirmations, as use is, and paying their few-mailles, fermes, moulters, kaines, and other dewties, to the said arch-bishop and his successours in all tyme hereafter; but prejudice to the letters of gift, and pension graunted to the Duke of Lennox, Sir George, Sir James, and Archibald Erskeins pensions, forth of the frutes of the said arch-bishoprick of Glasgow, to be bruiked by the said Lord Duke during his lyftyme allanerly.

IV.

Act of the Commissariats and Jurisdiction given to Archbishops and Bishops.

24th June 1609.

Our Soveraigne Lord, understanding that in all well governed republicks, the jurisdiction civill and ecclesiastick are severall, distinct, and divers jurisdictions, whilk aught to be administrat by the persons to whom the same properly belangs; and according to his Heighnes most loving and princely affection born alwise to the Christian reformed Kirk within this realme, being maist willing that the said Kirk should bruike and joyse their liberties, priviledges, freedom, and jurisdiction granted to them by his Majesty, (from whom only their temporall jurisdiction doth flow,) and in that regarde belanging to them as being ane of the estates of Parliament maist necessare to be mainteined for giving their advice, counsell, and assistance in all his Majestie’s great and waighty affaires, hes with expresse advice and consent of the Estates of Parliament, restored and redintegrate the Archbishops and Bishops of this realme to their former authority, dignity, prerogative, priviledges, and jurisdictions lawfully pertaining, and shall be knawne to pertain to them, (alwise flowing from his Majesty, alswell as any other ordinar jurisdiction doth,) and specially to the jurisdiction of Commissariates, and administration of justice by their commissioners and deputies in all spirituall and ecclesiasticall causes contraverted betwene any persons dwelling within the bounds and diocies of their prelacies and bishopricks; with full power to the saids archbishops, bishops, and their successours in all tyme hereafter, to nominat and create sufficient wise, discreit, and learned men best acquainted with the law and practick of this realme, to serve and administrat justice in the saids places of judicatorie, to constitute clerks and all other under officers, sa oft as the same shall vaik by dimission, decease, deprivation, or otherwyse, and to provide others in their places, with as great freedom and liberty as any archbishops or bishops in this realme formerly hes done. Whilks commissares to be nominat and create by them, shall judge and decyde in all causes belanging to their judicatory. And wherein the commissares presently in office are in use to decyde, keeping the same style and forme whilk is presently observed, and that manner of proceeding whilk shall be prescryved and injoyned to them by speciall injunctions without any alteration of the present lawes, or introduction of new and uncouth practicks upon the subjects and leiges, and shall have power of confirmation of testaments every ane of them within their awin bounds. The quotes thereof to be payed to the archbishops, bishops, their chamberlanes, factors, and under-receavers appoynted by them. For the better effectuating whereof, his Majestie and Estates of Parliament ordeins letters of horning to be given and granted by the Lords of Session in that same very sort that the commissares present hes it, for execution of all their sentences and decreits whilk shall happen to be pronounced by them, and compelling of persons to enter and confirme the testaments of their defuncts in the very same manner that formerly hes been done. And for mainteining all things in better order, and the restraining of unlawfull divorcements, over frequently practised within this realm, to the heigh dishonour of God and slander of the true religion, His Majesty, with advice and consent foresaids, hes statute and ordeined, that in the burgh of Edinburgh there shall be resident alwyse four commissares, twa to be nominate and appoynted by the Archbishop of Sanct-Androes, and twa by the Archbishop of Glasgow, wha shall have the only power to decide in all causes of divorcement. As likewise shall have power of reduction of all decreets pronounced by any other commissares, to the hurt and prejudice of any of the leiges; before whom it shall be only lawful to intend and persew reductions of inferiour commissares their sentences and decreets _in prima instantia_. And in case the saids commissares to be appoynted by the Archbishops of Sanct-Androes and Glasgow, as said is, performe not their duety, the Lords of Session shall have power to try, cognosce, and determine in the same; and shall judge upon all decreets and sentences alledged to be wrangously pronounced by them. And that because they are his Majestie’s great consistory, to whom his Heighnes, with advyce of the said Estates, gives and grants an heigh supreme commission for all sik causes, to judge and determine of them in sik causes. And declares that it shall be lawfull to the saids Lords of Councell and Session, to advocat causes to themselves from any of the commissares, upon just and lawfull complaints made to them by any of the subjects, and not otherwise. Provyding alwyse, that the said Session shall ever be ready to give an account to his Majesty, that their advocations have bene grounded upon probable and lawfull grounds for the well of the subjects. And that this foresaid Act may be put in present effect, his Majesty, with advyce foresaid, declares all former erections of commissariates to be suppressed and extinct from this forth and for ever, all constitutions that have bene in former tyme of the same in whatsoever part of the realme the same hath bene erected, and by whatsoever manner the same hes proceeded, Act of Parliament, Secreet Councell, and others made thereanent. And in lyke manner, discharges and annulles all presentations, gifts, or dispositions made by his Heighnes to the commissares present, or to any other concerning the said commissariates, and all rights acquyred by them by decease, dimission, or howsoever the same hes vaicked, and all gifts and dispositions made in favours of their clerks and members of court, by whatsomever manner of order the same hes proceeded. With this provision alwyse, that the commissars presentlie in office, their clerks and others members of court, wha shall be authorized with testimoniall from the Lords of Session of their sufficiencie and qualification to their severall places and offices, shall bruike and joyse the same, they alwyse receaving new presentation and gift of their offices from the archbishops and bishops of their diocies where they serve, betwene and the first day of December next to come. Otherwise, if in case the saids commissares and others members of court do not produce the foresaid testimoniall from the Lords of Session, as said is, it shall be lawfull to the archbishops and bishops to provide other sufficient persons to the saids places. The restitution of the said jurisdiction alwyse to be with expresse reservation of his Heighnes and his successours their prerogatives and supremacie in all causes ecclesiasticall and civill within this realme. Provyding alwyse, that this present act shall na wyse be hurtfull nor prejudiciall to the heritable right of the commissariate within the bounds of Argyle, perteining to Archibald now Earle of Argyle, but the same to stand in the same force, strength, and effect as it was before this present act, and notwithstanding thereof, or any clause therein conteined, _prout de jure_.

V.

Act, of the Apparel of Judges, Magistrates, and Kirkmen.--[Excerpt from.]

24th June 1609.

Attour, his Majesty and Estaites foresaids, considering what slander and contempt hes arisen to the ecclesiasticall estate of this kingdom by the occasion of the light and undecent apparell used by some of that profession, and chiefly these having vote in Parliament: It is therefore statute that every preacher of God’s word shall hereafter weare black, grave and comely apparell beseeming men of their estate and profession. As lykewise that all pryors, abbots, and prelates, having vote in Parliament, and specially bishops, shall weare grave and decent apparrell agreeable to their function, and as appertaines to men of their rank, dignity, and place. And because the haill Estates humbly and thankfully acknawledges that God of his great mercy hes made the people and subjects of this country sa happy as to have a King raigne over us, wha is maist godly, wyse, and religious; hating all erronious and vaine superstition, just in government, and of lang experience therein, knawing better then any King living what apperteins and is convenient for every estate in their behaviour and duty. Therefore it is agreed and consented to by the Estates, that what order sa ever his Majesty in his great wisdome shall think meet to prescrive for the apparell of kirk-men agreable to their estate and moyen; the same being sent in writ by his Majesty to his Clerk of Register, shall be a sufficient warrant to him for inserting thereof in the buikes of Parliament to have the strength and effect of an act thereof, with executorials of horning to be direct thereupon, against sic persons as within the space of fourty dayes after the publication or intimation to them of the said act or charges used against them thereupon, shall not provyde themselves of the apparell to be appoynted by his Majesty for men of their vocation and estate, to be used and worne by them and their successours at the tymes, and in manner to be expressed in the said act to be made by his Heighnesse thereanent.

VI.

Ratification of Acts of General Assembly held at Glasgow in June 1610.

23d October 1612.

Forsameikle as in the Parliament halden at Edinburgh, in the yeare of God 1597, the estates of this kingdom remitted to his Majesty to consult and agree with the Generall Assembly of the Kirk, upon the auctority and power whilk the archbishops and bishops should have in the policy and discipline of the Kirk: Whereanent after that his Majesty and his Commissioners had many tymes most seriously conferred and advysed with the ministry. At last conclusion was taken, in the Generall Assembly halden at Glasgow, in the moneth of June 1610 yeares, determining all the doubtfull and contraverted points concerning the jurisdiction, policy, and discipline foresaid, with full and uniforme consent of ane very frequent number of godly ministers, assisted by the counsell and concurrence of ane great many of the best affected nobility, barons, and commissioners of burrowes of this kingdom, in maner, substance, and effect following: with the explanation made be the Estates of Parliament presently conveined, of some of these articles resolved upon in the foresaid Assembly of Glasgow.

In the first the foresaid Assembly acknawledgeth the indiction of the General Assembly of the Kirk to appertein to his Majesty, by the prerogative of his Royal Crown.

And forder Ordeineth that the bishops shall be moderators in every diocesian synode. And the synode shall hald twyse in the yeare of the kirks of every diocie, viz. in Aprile and October: And where the dioceses are large, that there be two or three synods in convenient places for ease of the ministry. And in case the bishop of the diocie be absent upon any necessar occasion, in that case his place shall be supplied be sik ane worthy minister (bearing charge within the bounds) as the arch-bishop or bishop shall appoint.

That no sentence of excommunication or absolution thereof be pronounced against or in favours of any person, without the knawledge and approbation of the bishop of the diocie, who most be answerable to God and his Majesty for all formall and unpartiall proceeding therein: And the process beeing found formall, the sentence to be pronounced at the direction of the bishop, be the minister of the paroche where the offender dwelles, and the processe began.

That all presentations to benefices bee directed hereafter to the arch-bishop or bishop of the diocie, within the which the benefice vacant be dimission, deprivation, decease, or utherwayes, lyeth. With power also to the arch-bishop or bishop to dispone and confer sik benefices as falles in his diocie, (_jure devoluto_.) Provyding alwise, incase any archbishop or bishop should refuse to admit any qualified minister, (accepting the presentation granted to him, and who hath bene once received and admitted to the function of the ministry, being then still undepryved,) presented to them be the patron, In the case of any sik refuse, It shall be lawfull to the patron to reteine the whole fruicts of the said benefice in his awn hands. And ather hee or the paroche wanting a pastor, be reason of the not planting of the kirk, (in case the refusal thereof come be the bishop,) may complaine thereof to his arch-bishop, and if ather the arch-bishop be the refuser, or else doth not give due redresse being complained unto, In that case the Lords of his Majesties Privy Counsell upon the parties complaint of the refuse, and no sufficient reason being given for the same, sall direct letters of horning, charging the Ordinary to do his duty in the receiving and admitting of sik a person as the said patrone hes presented. It is alwise declared, that if any arch-bishop or bishop shall deprehend any sik person as is presented to him to have come within compass of a simoniacal paction with his patrone, in so far as he hath ather alreddy hurt, or promised and bound himself to prejudge and hurt the state of his benefice in not reserving a sufficient maintenance for him and his successors answerable to the estate of his benefice: And that the bishop or archbishop shall understand the same either by the parties oath, or uther clear proof and evidence. In that case, they may lawfully refuse any sik person presented unto them. But if the party who is presented hath reserved to himself and his successors a sufficient maintenance, the setting of tacks or promise to do the same, or doing of any thing else to his patron, (being not prejudicial to that aforesaid maintenance,) shall no wise be ascryved to any simoniacall paction, nor shall not serve for any reason to the archbishop or bishop to refuse him. And in case any sik contraversy or question shall occur betwix the patron, the person presented and the arch-bishop or bishop, It is declared, that the Lords of Counsell and Session shall be Judges thereunto, to decyde upon the said simoniacal paction and quality of the same, if any sik thing shall be objected against the party presented.

In deposition of the ministers, the bishop associating to himselfe the ministrie of these boundes where the delinquent served, he is there to take tryell of the fact, and upon just cause found to depryve: And the lyke ordour to be observed in suspension of ministers from the exercise of the function.