Part 61
That everie minister in his admission shall swear obedience to his Majestie, and to his ordinar, according to this forme following: I A. B. now nominat and admitted to the kirk of D. testifie and declare in my conscience, that the richt excellent, richt high, and mighty Prince, James the Sext, by the grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, &c. is the only lawful supreme governour of this realme, alsweel in matters spirituall and ecclesiasticall as in things temporal; and that no foreine prince, state, nor potentat, hes or ought to have any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realme. And therefore I utterly renunce and forsake all foreine jurisdiction, power, superiority, and authorities; and promess that from this furth I shall and will bear faith and true alledgence to his Heighnes, his heirs and lawfull successours; and to my power sall assist and defend all jurisdictions, priviledges, pre-eminences, and authorities granted and belonging to his Heighnes, his heires, and lawfull successours, or united and annexed to his Royall Crown. And forder, I acknawledge and confesse to have and to hold the said C. and possession of the same under God, of his Majesty, and his Crown Royall of this realme; and for the saids possessions I do homage presently to his Heighness in your presence, and to his Majesty, his heires, and lawfull successours, shall be true. So help me God. And als that every minister in his admission shall sweare obedience to his ordinare, according to this forme following: I A. B. now admitted to the kirk of C. promess and sweares to E. F. Bishop of that diocie, obedience, and to his successours in all lawfull things. So help me God.
And if the said benefice be at the presentation of ane laik patron, the person presented shall give his oath as followes: I G. H. now admitted to the foresaid benefice, testifie and declare in my conscience, that the right excellent, right high, and mighty Prince, James the Sext, be the grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, &c. is the only lawfull supreme governour of this realme, alswell in matters spirituall and ecclesiastick as in things temporall; and that na foreine prince, state, nor potentate, hes or oucht to have any jurisdiction, power, superiority, pre-eminency, or authority ecclesiasticall or spirituall, within this realme. And, therefore, I utterly renounce and forsake all foreine jurisdiction, power, superiorities, and authorities; and promess that from this furth I shall and will bear faith and true allegeance to his Heighness, his heires and lawfull successors; and to my power shall assist and defend all jurisdictions, priviledges, pre-eminences, and authorities granted and belonging to his Heighnes, his heires, or lawfull successors, or united and annexed to his Royal Crown. And I do acknowledge and confesse to have and hauld the said benefice and possessions of the same, under God be his Majestie, of E. F. lawfull patron of the same.
That the visitation of ilk diocie be doone be the bishop himself; and if the bounds be greater than he can overtake, that then hee make speciall choise of some worthy man of the ministrie within the Diocie, to visit in his place. And what ever minister, without just cause or lawful excuse made, sall absent himself from the visitation or the diocesian assembly, he shall be suspended from his office and benefice; and if he amend not, he shall be depryved.
That the Conventions of Ministers for exercise shall be moderated by the bishop being present, and in his absence, by any uther minister whom he shall appoynt at the Synode.
Whilks acts, ordinances, declarations, and determinations above written, his Majesty finding to be very agreable to the true religion professed within this kingdom, and to the godly and decent government of the Kirk, ministry, and whole members thereof, Therefore his Heighnes, with advice and consent of the Estaites of Parliament, ratifies, approves, and confirms all and sundry the premisses; and ordeins them and every ane of them to be obeyed and observed, be all his Heighness subjects, as inviolable lawes in all tyme comming. Annulling and rescinding the 116 act of his Majesties Parliament, halden in _anno_ 1592, and all and whatsomever uthers acts of Parliament, laws, ordinances, constitutions, sentences, and customes, in so farre as they or any of them, or any part of the same, are contrare or derogatory to any of the articles above written, als essentially and effectually in all respects as if the saids acts and consuetudes hereby abrogate were at length herein exprest.
VII.
Act anent the Election of Archbishops and Bishops.
28th June 1617.
Our Soveraigne Lord, with advise and consent of the Estates of this present Parliament, for gude and solide ordour to be keiped in all time to come, for election of Archbishops and Bishops, statuts and ordains, that all who shall be hereafter promoved to any Archbishoprik or Bishoprik within this realme shall be elected and admitted according to the forme and maner under mentioned and no utherwise; That is to say, when it shall fall any of the Seas to be made void, his Majesties pleasure is to grant licence to the Deane and Chapter of the Cathedral Kirk of the Sea, to convene themselfes for electing of ane uther Archbishop or Bishop in place of the former incumbent. And the said licence being exped, ane edict shall be affixed upon the most patent dure of the Cathedral Kirk, requiring and charging the Deane and Chapter of the said Kirk, to conveine themselfes for chusing of ane Bishop to the same, who shall be devote to God, and to his Highnes and realme profitable and faithful. Who being conveined, the Deane of the said Chapter, with so many of them as shall happen to bee assembled, shall proceed and chuse the person whom his Majesty pleased to nominat and recomend to their election, hee alwayes being ane actual minister of the Kirk, and shall elect none uther then ane actual minister, to be so nominat and recomendit be his Majestie as said is. After the which election testified under their seals and subscriptions, his Majesties pleasure is to give his Royall assent thereto: And the same assent being granted under his Majesties great seal, shall be to the person elected an sufficient right for injoying the spirituality of the benefice whereunto he is elected during his lyfetime. Upon the which assent, and his Heighness mandat to be directed to an competent number of Bishops within the province where the benefice lyes, the person elected shall be consecrat and received in his function bee the rites and ordour accustumed. And the said consecration being made, his Majesties pleasure is to dispone to the person elected the temporality of the said benefice, with all priviledges, honours, and dignities belonging thereto. And the same grant being past under his Majesties great seal, then shall the person admitted doe homage and swear obedience to our Soveraigne Lord, according to the forme prescribit. Neither shall it be lawfull to the person admitted to intromet with any of the fruites and rentes of the said benefice untill he have performed the said homage, and given the oath of allegeance and fidelity to his Majesty, or his Heighness Commissioners to be appoynted for that effect. And for the better observing of the said ordor in all tyme hereafter, our Soveraigne Lord and three Estates inhibits and discharges the Lords of Counsell and Session to authorize be their decreet and sentence the provision of any Bishop to be admitted hereafter, except that it be testified that he is received and entered according to the said order in all points.
VIII.
Act Anent the Restitution of Chapters.
28th June 1617.
Our Soveraigne Lord, with advise and consent of the Estates of this present Parliament: Considering how necessar it is that the deane, and members of Chapter of every Cathedral Kirk, be at all occasions ready to conveene themselves for the election of arch-bishops and bishops, to their severall seas, and for expeding of particular rights made to the lieges, whereunto their consent by the lawes of the realme is required, and that for supporting of the charges of their service, and inabling them the better to attend at sick occasions, It is most needfull they be restored to their manses, gleibs, rents, and livings belonging unto them of auld,
Have statute and ordained, that all the deanes and uthers members of the Chapters of the Cathedral Kirks within this kingdom, shall be restored to their manses, gleibes, rents, and uther patrimony belonging to them.
And to that effect, his Majesty, with advise of the said Estates, dissolves fra the Crowne and patrimony thereof, the foresaids manses, gleibes, rentes, and dueties formerly annexed: to the effect the same may hereafter be injoyed and peaceably possessed be the ministers that are, and hereafter shall be provyded thereto. Without prejudice alwayes of the fews, tacks, pensions, and uther rights lawfully made of whatsumever manses, gleibs, lands, and teynds of any part of the saids Chapter Kirks to the parties having right to the same. And siklyke but prejudice to laick patrons of their patronages granted to them be the King’s Majesty, with consent of the titulars for the tyme, albeit the same be not ratified in Parliament, which shall na wayes be prejudged be this present act. And with expresse reservation of the rights of the priorie of Sanct-Androes, now erected in a temporall lordship in favours of Ludovick Duke of Lennox, and his heirs, which shall remaine in the awne strength and integrity, notwithstanding of the act of restitution above-written, and any thing therein comprehended.
And als with reservation of the house and place of Hamiltoun, biggings and orchards, yeards, and whole pertinents of the same, in so far as the same or any part thereof perteined of before to the Deanrie of Glasgow, which his Majesty and Estates reserves furth of this present act, to his trustie cousin James, Marques of Hamiltoun, and his successours, to be halden of his Majesty and his Heighnes successours, as their immediat superiours thereof for ever. And without prejudice to the burgh of Edinburgh, of whatsumever rents, profites, tenements, annualrents, teynd-sheaves, and other commodities given, granted, and disponed to them for entertainment of their hospitals, colledge, and ministrie. And siklike but prejudice of whatsomever teynds, few-mails, or annualrents which perteined of auld to the saids chapters in common, or to any Prebendar in particular, disponed by his Majesty to any colledge within the University of Sanct-Androes, masters or bursers thereof, which his Majesty, with advice of the Estates, declares shall not be prejudged by this present act. And als according to the restrictions, exceptions, and limitations, conceived in favours of fewars, tacksmen, and others havand right particularly set down and expressed in the second act of his Majestie’s eighteenth Parliament, concerning the restitution of the estate of bishops. Which restrictions, exceptions, and limitations, are halden as repeated and exprest in this present act. And to the effect, that all sick persons who are and have been tenents and vassals to deanes and other members of Cathedral Kirks may be in certainty known, and by whom they should be entred and received in the lands and others halden by them of the saids deane and members, or any of them,
Therefore it is statute and ordeined by our Soveraigne Lord and Estates, That when any sik occasion shall offer of receiving or entring of vassals, or of changing of tennents who comes in the vassal’s places, either by alienation of the vassals, or comprysing from him, or by any other lawfull manner, the direct superiour of whom the said vassall immediatly held, shall be astricted and halden to do the same, and to enter all sik persons by himself, (they doing their duety to their superiors as apperteins.) In the which case, Our Soveraigne Lord and Estates declares the consent of the Prelate, or remanent members of his chapter, no wayes to be necessar to the said entry or change of tennents. And because the priory of Sanct-Andrewes is now erected in ane temporal living and lordship, the Prior whereof in former times was alwayes deane of the chapter of Sanct-Andrewes, and the chanons thereof were the members of the said chapter which are now all abolished, and to the effect there be not wanting ane chapter to the said Kirk.
Our Soveraigne Lord, with advice foresaid, declares that the ministers serving the cure at the Kirks under-written, present and to come, shall be esteemed the chapter thereof: they are to say, the Prior of Portmook, who is principal of S. Leonard’s Colledge, and deane of the Chapter: the arch-dean of S. Andrewes; the Vicar of S. Andrewes; the Vicar of Leuchers; the Vicar of Cowper; the Provest of Kirkhill; the Parson of Dysert; the Vicar of Forgond; the Vicar of Inshture; the Vicar of Kincaird; the Vicar of Fowles; the Vicar of Eglishgreig; the Vicar of Rossie; the Vicar of Linlithgo; the Vicar of Scoone; the Vicar of Fordun; the Vicar of Forgund in Fyfe; the Deane of Restalrig; the Deane of Dumbar; the Vicar of Kettill; the Vicar of Kennoway; the Vicar of Merkinch; the Vicar of Falkland; and the Vicar of Abercrombie; being all twenty foure persons. Which persons shall have the administration, doing and performing of the affairs belonging to the said bishoprick, and for the weale of the said Cathedral Kirk, which were done of before by the prior and his chanons. And concerning the election of the Archbishop of the said see, whensoever the same shall hereafter vaik,
Our Soveraigne Lord, with advise foresaid, declares, statutes, and ordeins the said Arch-bishop to be elected by eight bishops of his diocy. They are to say, the Bishop of Dunkeld; the Bishop of Aberdein; the Bishop of Brechin; the Bishop of Dumblain; the Bishop of Ross; the Bishop of Murray; the Bishop of Orkney; and the Bishop of Caithness. And by five ministers serving the cure of the Kirks under-written, to wit, the Principal of S. Leonard’s Colledge; the Arch-deane of S. Andrewes; the Vicar of S. Andrewes; the Vicar of Luchars; and the Vicar of Cowper. Which bishops and ministers, or the most part of them, shall have power in all time to come to elect the Arch-bishop whenever the see shall vaik, and shall remain hereafter the chapter appointed by our Soveraigne Lord and Estates for the election foresaid. The Vicar-general for conveining of the which electors, our Soveraigne Lord and Estates declares to be now and in all time comming, the Bishop of Dunkeld, who shall happen be for the time. And siklike, Our Soveraigne Lord, with advise of his Estates, declares, statutes, and ordeins, that the Archbishop of Glasgow, whensoever that see shall vaik, shall be elected by the three Bishops of his diocie, to wit, the Bishop of Galloway, the Bishop of Argyle, the Bishop of the Iles, being for the time, and by his ordinar chapter, or the most part of them, the Bishop of Galloway being alwayes conveiner of the saids electors to the said election. Which persons shall have power onely in the said election, seeing it is the expresse will and ordinance of his Majesty and Estates, that the auld and ordinar chapter of Glasgow, and the other chapter above-written, appointed for the see of Sanct-Andrewes, as said is, shall have the only administration of these things, concerning the affairs tending to the weal of their Cathedral Kirks, and belonging thereto, as the auld chapter formerly had, and these others chapters before-mentioned, appointed allanerly for election of the saids Arch-bishops, shall no wayes be derogatory to the others ordinary chapters established for the handling of the affairs of their seas in manner above-written.
IX.
A Ratification of the Five Articles of the General Assembly of the Kirk, halden at Perth in the Moneth of August 1618.
4th August 1621.
Our Soveraigne Lord, with the advice and consent of the Estates of Parliament presently conveened, ratifies and approves the acts of the General Assembly of the Kirk, halden at Perth the xxv. day of August, the year of God 1618, and concluded the twenty-seventh of the same moneth, _Sessione secunda_. Whereof the tenour followeth.
1. Since we are commanded by God himselfe, that when we come to worship him, we fall down and kneele before the Lord our Maker, and considering with all, that there is no part of Divine worship more heavenly and spiritual, then is the holy receiving of the blessed body and blood of our Lord and Saviour Jesus Christ: Lyke as the most humble and reverend gesture of the body in our meditation and lifting up of our hearts, best becometh so divine and sacred an action. Therefore, notwithstanding that our Kirk hath used since the Reformation of religion, to celebrate the holy communion to the people sitting, by reason of the great abuse of kneeling used in the idolatrous worship of the sacrament by the Papists: Yet now, seeing all memory of by-past superstition is past, In reverence of God, and in due regard of so divine a mystery, and in remembrance of so mystical ane union, as we are made partakers of: The Assembly thinketh good, that that blessed sacrament be celebrated hereafter meekly and reverently upon their knees.
2. _Item_, If any good Christian visited with long sickness, and knowne to the pastor; by reason of his present infirmity, unable to resort to the Kirke, for receiving of the holy communion, or being sick, shall declare to the pastor upon his conscience, that he thinkes his sickness to be deadly, and shall earnestly desire to receive the same in his house: The minister shall not deny to him so great a comfort, lawful warning being given to him upon the night before, and that there be three or foure of good religion and conversation, free of lawful impediments, present with the sick person to communicate with him, who must also provide a convenient place in his house; and all things necessary for the reverend administration thereof, according to the order prescrived in the Kirke.
3. _Item_, The minister shall often admonish the people, that they defer not the baptising of infants, any longer then the next Lord’s day after the child be borne, unlesse upon a great and reasonable cause declared to the minister, and by him approved. As also they shall warne them, that without great cause they procure not their children to be baptized at home in their houses, but when great need shall compell them to baptize in privat houses, (in which case, the minister shall not refuse to do it, upon the knowledge of the great need, and being timely required thereto,) then baptisme shall be administred after the same forme as it should have been in the congregation. And the minister shall the next Lordes day after any such private baptisme, declare in the Kirke, that the infant was so baptized, and therefore ought to be received as one of the true flocke of Christ’s folde.
4. _Item_, Forasmuch as one of the most special meanes for staying the increase of Poperie, and settling of true religion in the hearts of the people, is, That a special care be taken in tryal of young children their education, and how they are catechized; Which in time of the primitive kirk was most carefully attended, as being most profitable to cause young children, in their tender yeares, drink in the knowledge of God and his religion, but is now altogether neglected in respect of great abuse and errours which crept into the Popish Kirk, by making thereof a sacrament of confirmation: Therefore, that all superstitions built thereupon may be rescinded, and that the matter it selfe being most necessary for the education of the youth, may be reduced to the primitive integrity.
It is thought good that the minister in every parish shall catechize all young children of eight yeares of age, and see that they have the knowledge, and be able to make rehearsal of the Lord’s Prayer, Belief, and Ten Commandments, with answers to the questions of the small Catechisme used in our kirke: And that every bishop in his visitation shall censure the minister who shall be found remiss therein, and the saides bishopes shall cause the saides children to be presented before them, and blesse them with prayer for the increase of their knowledge, and continuance of God’s heavenly graces with every one of them.
5. _Item_, As wee abhorre the superstitious observation of festival dayes by the Papists, and detest all licentious and profane abuse thereof, by the common sort of professors; So we think, that the inestimable benefites receaved from God, by our Lord Jesus Christ, his birth, passion, resurrection, ascension, and sending down of the Holy Ghost, was commendably and godly remembered, at certain particular dayes and times by the whole kirk of the world; and may be also now. Therefore the Assembly ordaines, that every minister shall upon these dayes have the commemoration of the foresaids inestimable benefits, and make choice of several and pertinent texts of Scripture, and frame their doctrine and exhortations thereto; and rebuke all superstitious observation and licentious profanation thereof.
Which articles and ordinances, Our Soveraigne Lord, with advice and consent of the Estates, statutes and ordaines to be obeyed and observed by all his Majesties subjects as lawes in time comming; Annulling and rescinding whatsomever other acts of Parliament, constitutions and customes, in so farre as they are derogative to any of the articles above-written.
X.
Ratification and addition to the Act of Parliament, made anent Restitution of Chaptours.
4th August 1621.
Our Soveraign Lord, and Estates of this present Parliament, ratifies and approves the act of Parliament made in the moneth of Junii, in the year of God one thousand, six hundred, seventeene years, anent restitution of chaptours of cathedral kirks, in all the heads, clauses, exceptions, limitations, and restrictions thereof. And further, Ordaines and declares, That all deeds done since the date of the said act, or to be done hereafter, whereby any member of any cathedral kirke, being an office or dignity, hath been or shall be supprest, or any land, parsonage, vicarage, or other living, belonging to the said dignity dissolved from the same, without an expresse warrand from his Majesty, and consent of Parliament, are, and shall bee, with all that have followed, or shall follow thereupon, null, and of no force, nor effect: and shall be so founde in all tyme hereafter, by way of action, exception, or replye. Providing alwayes, the Marquess of Hamilton his right to the parsonage of Hamilton and Dalserffe: The Earl of Marre his right to the parsonage of Carnwath: and any other parson having lawful rights conforme to the lawes of the country, before the act of Parliament, in anno one thousand, sixe hundreth, and seaventeen yeares; be no wayes hurt, or prejudged herein.
* * * * *
The foregoing Acts of Parliament constitute the main statutory enactments of the State by which the Church Government in Scotland was transformed from Presbytery to Episcopacy. There were other acts passed, bearing reference to Church affairs, in the first Parliament of King Charles I., 28th June 1633, such as that anent His Majestie’s Royal Prerogative and Apparel of Kirkmen--anent His Majestie’s annuity of Tiends--the Submissions and Decrees-arbitral anent the valuation of Tiends, &c.; but these being easily accessible to all, and not immediately necessary for illustrating the revolution which took place in the Church during the period with which we are at present concerned, it is not necessary here to include them.
EDINBURGH PRINTING COMPANY.
FOOTNOTES: