Chapter XXVI: Part 26

The quhilk day, the Generall Assemblie of the Kirke of Scotland presently convenit, having interest in consideratione of the cause of the defection and falling away of many from the trew religione, and having found the laike of the competent maintainance to ministers not to be the leist cause of the evills quhilks lyes upon the Kirke presently, the ground and fundament quhairof for the maist pairt hes proceedit from the dilapidatione of benefices, with the quhilk, if some solide order be not taken in tyme, the same is apparent to bring furth greater evill and desolatione in this Kirke: And seeing the King’s Majestie hes requyrit that order may be taken with the saids dilapidationes, Therefore, in respect the same cannot suddenly be done, but will requyre ane lang tyme and mature deliberatione, the Assemblie hes given, granted, and committed, lykeas they, be the tennor heirof, gives, grants, and committs their full power and commission to the brethren underwritten; they are to say, the Reverend Father in God, John Arch Bischop of St Androis, James Arch Bischop of Glasgow, Alex^r. Bischop of Dunkeld, Alexander Bischop of Murray, Patricke Bischop of Ross, Wm. Bischop of Galloway, Andrew Bischop of Brechine, Andrew Bischop of Dumblaine, Andrew Bischop of Argyle, Andrew Bischop of the Isles, Patricke Forbes of Corse, Mr George Douglass, minister at Cullen, John Reid, minister at Logybuchan, George Hay, minister at Turreffe, Doctor Henry Philipe, minister of Arbroath, David Lindsay, minister at Dundee, William Scott, minister of Coupar, Doctor Robert Harvie, Rector of St Androis, John Mitchellsone, minister at Bruntisland, Patrick Galloway, John Hall, Wm. Struthers, ministers at Edinburgh, Robert Scot, minister at Glasgow, Edward Hepburne, minister at Hawick, Doctor John Abernethie, minister at Jedburgh, William Birnie, minister at Air, William Erskine, minister at {blank space}; Givand, grantand, and committand to them, or the most part of them, their full power and commission to conveen at Edinburgh the first day of December nixt to come, in this instant year of God 1616, and there to take order with the dilapidatione of benefices, and to sett downe solide grounds how the progresse of that mischief might be stayed, and to advyse upon some meanes to recover and restore the estate of these benefices qwhilks be iniquitie of tyme hes been lossit; and if need beis to call and persew before them qwho hes made the saids dilapidationes, and punische them therefore; and as they shall conclude, the same to be inactit, and have the force of this present Assemblie; with power lykewayes to the saids commissioners, or maist part of them, as said is, to take order anent the planting of sufficient and qualified pastors in burrowtownes presently vaickand, and are not plantit at this present Assemblie; with power also to receave from the Richt Reverend Father, James Archbishop of Glasgow, and Mr William Struthers, minister at Edinburgh, the cannons of church discipline committit to their charge, to revise the same, allow and disallow thereof, and to direct ane supplicatione to his Majestie desyring that it wald please his Heines to ratifie and approve the samen, and to warrant the printing thereof be his authoritie royall.

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We have now accomplished the main part of the task in which for some months past we have been engaged, namely, to print for the first time, in a complete and connected state, all that now remains of the earliest record of the Reformed Church of Scotland. That record extends from 1560 to 1616 inclusive. And as stated in previous notes, the proceedings in the Assemblies, during the period now referred to, constitute what has been long denominated “The Booke of the Universall Kirk of Scotland.” The concluding part of our undertaking still remains to be performed in such illustrative notes and documents as are requisite for giving coherence and full effect to these important fragments of our ecclesiastical records; and this portion of our labours shall hereafter be prosecuted as speedily and comprehensively as the nature of the case admits of, with a due regard to fidelity in its accomplishment. In the meanwhile, “The Booke,” forming of itself a volume of sufficient size, it is now given in that shape to the public.

The reader of the preceding pages is already aware, that all the proceedings of the Episcopal Assemblies (subsequently to that of 1602) were rescinded by the Presbyterian Conventions which took place during the reign of Charles I. in 1638 and 1639. Even in the proceedings of the Assemblies soon after 1592, when Presbyterianism was established, there are various indications of the intentions of King James VI. to insinuate Episcopacy into the constitution of the Church; and after his accession to the throne of England, in March 1603, his policy in this respect became more manifest. Indeed, by an act of Parliament in 1597, (19th December,) the insidious propositions which had been made in the Assemblies, for the introduction of clergymen into Parliament, were given effect to, and formed the first step in the series of encroachments on the Presbyterian polity. Without at present going minutely into the detail of events which followed, it may be noticed, with reference to the rescinded acts of Assembly, that even before the Assembly of 1602, Prelacy was virtually introduced into the Church, and after that date it was openly established by a series of acts of Parliament. The Assemblies of 1606, 1608, 1610, and 1616, were all Episcopalian, as is evinced by the whole course of procedure in those Conventions, which were one and all convoked and packed by the King, and were held merely for the purpose of registering his edicts, and giving a colourable aspect to these as clothed with ecclesiastical sanction. There were two other Assemblies of like character held in the years 1617 and 1618--in the latter of which the celebrated Articles of Perth were adopted by the Bishops and subservient Clergy; but of the proceedings in these two Assemblies, there is no fragment in the MS. copies of “The Booke” to which we have had access; nor, although the nature of these proceedings is described by Calderwood and other historians, have we been able to discover any detailed record similar to that which has been preserved of the preceding Assemblies of the Church. After 1618, General Assemblies were entirely discontinued for the space of twenty years, until, in 1638, in consequence of the great revulsion which then took place in Scotland under the guidance of the Covenanters, another General Assembly was convoked by authority of King Charles the First.

In conformity with the course which we have already adopted with reference to particular epochs of our Church history, and in order to illustrate the relation which subsisted betwixt the Church and the State, we shall now, at the close of “The Booke,” subjoin in an Appendix the principal Acts of Parliament which were passed in regard to the Church, betwixt 1592 and 1638, when Presbyterianism was re-established--thus presenting, in connexion with the Acts of the Church, all the leading statutory enactments of the State by which the Church polity was established, modified, and subverted, during a period of seventy-eight years. And with these few explanatory remarks, we commit “The Booke of the Kirk” into the hands of our countrymen, being well assured that its pages contain much important matter, which merits careful examination and study at the present day.

_July_ 1839.

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And now the most grateful part of our task (for the present) only remains--to record our thanks for the friendly assistance we have received while engaged in the present undertaking. We owe our acknowledgments especially to Thomas Thomson, Esq. Deputy Clerk-Register; to the Rev. Dr Lee; and to Messrs A. M‘Donald of the Register House, D. Laing and Ferguson, Librarians for the Writers to the Signet; Mr Haig of the Advocates’ Library; Mr Rowan of the Theological Library in the University of Edinburgh; to the Rev. W. B. Smith, Chaplain of Edinburgh Castle; and to the Rev. Thomas M‘Crie, for many facilities and much useful information, without which the present publication would have been altogether impracticable at present.

It was our purpose to have included in the present Volume, a Copious Index and Glossary of obsolete words, and also to give a list of _errata_ which we have discovered, arising unavoidably from the frequent obscurity of the MSS. and discrepancies in orthography, besides slips of the pen and the press; but on further reflexion, it appears expedient to combine these useful addenda with the _Notes_, which will be found the more satisfactory corrective of any imperfections in the text of the Booke itself.

APPENDIX III.

ACTS OF PARLIAMENT relative to the Constitution of the Church of Scotland, betwixt 1592 and 1638.

I.

All Ministers provided to Prelacies suld have vote in Parliament.

19th December 1597.

Our Soveraine Lord, and his Hieness Estates in Parliament, havand special consideration and regarde of the great priviledges and immunities granted be his Hieness predecessours, of maist worthy memory, to the halie Kirk within this realme; and to the special persones exercing the offices, titles, and dignities of prelacies within the samin; quhilks personnes hes ever represented ane of the Estatis of this realme in all Conventions of the saids Estates; and that the saids priviledges and freedomes hes beene from time to time renewed and conserved in the same integrity and condition, quhairin they were at ony time of before; swa that his Majesty acknowledging the samine now to be fallen and becummin under his Majesties maist favourable protection; therefore his Majesty, of his greate zeale and singular affection, quhilk he alwayes hes to the advancement of the trew religion presently professed within this realme, with advise and consent of his Hieness Estates, statutes, decernes, and declares that the Kirk within this realme, quhairin the samin religion is professed, is the trew and halie Kirk: And that sik pastoures and ministers within the samin, as at ony time his Majesty sall please to provide to the office, place, title, and dignity of ane bishop, abbot, or uther prelate, sall at all time hereafter have vote in Parliament, siklike and als freely, as ony uther ecclesiastical prelate had at ony time bygane; and als declaris, that all and quhatsumever bishopricks presently vaikand in his Hieness hands, quhilks as zit are undisponed to ony person, or quhilks sall happen at ony time hereafter to vaik, sall be only disponed be his Majesty to actual preachers and ministers in the Kirk; or to sik uthers personnes as sall be foundin apt and qualified to use and exercise the office and function of ane minister and preacher; and quha in their provisions to the said bishopprickes sall accept in and upon them to be actual pastoures and ministers, and according thereto sall practize and exerce the samine thereafter.

_Item_, As concerning the office of the saids personnes to be provided to the saids bishopprickes, in their spirituall policie and governement in the Kirk: The Estates of Parliament hes remitted and remitts the samine to the Kingis Majesty, to be advised, consulted, and agreed upon be his Hienesse, with the General Assembly of the ministers, at sik times as his Majesty sall think expedient to treat with them thereupon; but prejudice alwayes in the meantime of the jurisdiction and discipline of the Kirk, established be Acts of Parliament, maide in ony time preceeding, and permitted be the saids Acts, to all Generall and Provinciall Assemblies, and uthers quhatsumever Presbyteries and Sessions of the Kirk.

II.

Act anent the King’s Majestie’s Royall Prerogative.

9th July 1606.

Forsameikle as the Estates and haill body of this present Parliament, considering that with the lawful descent in the person of our most gracious Soveraigne, of the righteous inheritance of the famous and renouned kingdoms of England, France, and Ireland, whilk very far surpasses the wealthe, power, and force of the dominions of any of his progenitours, kings of Scotland, God hath also joyned an wonderful incresse of care and burding. For discharge whereof, he hath endued his Majesty with sa many extraordinar graces, and maist rare and excellent vertues, as he is not only known by daily and manifest experiences, in matters of greatest difficulty and consequence, to the unspeakable comfort of all his faithfull subjects, to be capable of the happy government of his saids kingdomes. But by his most singular judgement, foresight, and princely wisdome, worthy to possesse, and habile to govern far greater dominions and numbers of people. And in respect thereof, the saids Estates plainly perceiving that by this his Majesties exaltation, not only in pre-eminence and power, but also in all royal qualities requisit for the happy discharge thereof, God hes manifestly expressed his heavenly will to be, that his Majesties imperial power, whilk God hes sa graciously enlarged, shall not by them in any sort be impared, prejudged, or diminished; but rather reverenced and augmented sa farre as possiblie they can. Therefore the saids Estaites, and haill body of this present Parliament, all in ane voluntar, humble, faithfull, and united heart, minde and consent, truely acknawledges his Majesties soveraigne authority, princely power, royall prerogative, and priviledge of his crown over all estaites, persons, and causes whatsomever within his said kingdome. And his Majesty, with expresse advyce, consent, and assent of the saids haill Estaites, ratifies, approves, and perpetually confirmes the samin; als absolutly, amply and freely in all respects and considerations, as ever his Majesty, or any of his royall progenitours, kings of Scotland, in any tyme bygane possessed, used and exercised the samine. And lykewyse, with consent foresaid, casses, annuls, abrogats, retreats, and rescinds all and whatsomever things attempted, enacted, done, or hereafter to be done, or intended to the violation, hurt, derogation, impairing, or prejudice of his Heighnes soveraigne authority, royall prerogative, and priviledge of his crown, or any point or part thereof, in any tyme bygane or to come. And the saids haill Estaites, for them and their successours, faithfully promits, perpetually to acknawledge, obey, maintein, defend, and advance the lyfe, honour, safety, dignity, soveraigne authority, and prerogative royall, of his sacred Majesty, his heires and successours, and priviledge of his Heighnes crown, with their lyves, lands, and goods, to the utermost of their power, constantly and faithfully to withstand all and whatsomever persons, powers, or estaites, wha shall presume, prease, or intend any wise to impugne, prejudge, hurt, or impaire the samine; and never to come in the contrare thereof, directly or indirectly, in any tyme comming.

III.

Act anent the Restitution of the Estate of Bishops.

9th July 1606.

Our Soveraigne Lord, now in his absence forth of his kingdome of Scotland, earnestly desiring sa to provyde for the just and politique government of that estate, as his faithfull subjects thereof may perfitely knaw, that absence breeds not in his royall mynde oblivion of their good, but that he is daylie mair and mair cairfull of sik things as may tend maist to the honour, profite, and perpetuall stability and queytnes of the said kingdome; wherein understanding religion and justice to be sa necessar foundaments and pillers, as by them the authority of the princes and queytnesse of the people in all tymes by-past hes cheifly bene established and mainteined, whill of late in his Majesties young yeares, and unsetled estaite, the auncient and foundamentall policy, consisting in the maintenance of the three Estaites of Parliament, hes bene greatly impaired, and almost subverted, specially by the indirect abolishing of the estaite of bishops, by the act of annexation of the temporalitie of benefices to the crown, made in his Heighnes Parliament, halden at Edinburgh in the moneth of July, the year of God 1587. Whereby, albeit it was never meaned by his Majesty, nor by his Estaites, that the said estaite of bishops consisting of benefices of cure, and being ane necessare estaite of the Parliament, should on any wyse be suppressed, yet his Majesty, by experience of the subsequent tyme, hath clearly seene that the dismembering and abstracting from them of their livings, hes broght them in sik contempt and poverty, that they are not habile to furnish necessares to their privat families, meikle lesse to beare the charges of their wonted rank in Parliament and generall counsails, and after the example of their predecessours, to assist and supply their prince with their counsell and goods, in tyme of peace and warre. The remeid whereof properly perteins to his Majesty, whom the haill estaites of their bounden duety, with maist heartlie and faithfull affection humbly and truely aknawledges to be soveraigne monarch, absolute prince, judge and governour over all persons, estaites, and causes, baith spirituall and temporall, within his said realme.

Therefore, his Majesty, with expresse advyse and consent of the saids haill Estaites of Parliament, being cairful to repone, restore, and re-integrat the said estaite of bishops, to their auncient and accustomed honour, dignities, prerogatives, priviledges, livings, lands, teynds, rents, thriddes, and estaite, as the samine was in the Reformed Kirk, maist ample and free at any tyme before the act of annexation foresaid. By the tenour hereof, retreats, rescinds, reduces, casses, abrogats, and annulles the foresaid act of annexation of the temporality of benefices to the crown, made in the yeare of God 1587 years, as said is, in sa far as the samine may in any wyse comprehend or be extended to the authority, dignity, prerogative, priviledges, towres, castels, fortalices, lands, kirks, teynds, thriddes, or rents of the saids bishopriks, or any part thereof, with all other acts of Parliament, made in prejudice of the saids bishops, in the premisses or any of them, with all that hes followed or may follow thereupon, and all act of dismembering of particular kirks, or commoun kirks of the said bishopricks, from the samine, or for separating the thriddes of the saids bishopricks from the bodie, tytle and twa-part of the samine. To the effect, the persons presentlie provyded to the bishopricks of Scotland, or any of them, or that hereafter shall be provyded to the samine may freely, quyetlie, and peaceablie enjoy, bruike, and possesse the honours, dignities, priviledges, and prerogatives, competent to them or their estaite since the reformation of religion: and all towres, fortalices, lands, kirks, teynds, rents, twa-part, thriddes, patronages, and rights whatsomever, belanging to the bishopricks, or any of them, to use and exercise the samine, and freelie dispone upon the haill twa-part and thrid, temporalitie and spiritualitie of their saids bishopricks, and all the premisses belanging to the saids bishopricks, as the saids acts of annexation and remanent acts, made in any wyse to their prejudice in the premisses, and everie ane of them, and all that followed thereupon, had never bene made nor done. They alwyse enterteining the ministers, serving at the cure of the kirks of their saids bishopricks, upon the readiest of their saids thriddes, according to their ordinar assignations made or reasonablie to be made thereanent.

Attour, Because his Majesties intention is onely to restore the bishopricks whilks are benefices of cure, and nowyse to alter any thing done in other benefices, whilks are not of cure. And for the better satisfaction of his Majesties subjects and faithfull servants, whom his Majestie in his princelie liberalitie, for diverse good respects and causes mooving him, hath beneficed, rewarded, and advanced with erections, fewes, patronages, teyndes, and others infeftments, confirmations of lands, rents, teyndes, patronages, and others rights of abbacies, pryories, and others benefices, not being bishopricks.

And to the effect they be not prejudged, nor put in mistrust by this act, of their saids securities in the premisses, his Heighnes, with the advyce of the haill Estaites of Parliament, ratifies and approves, and for him and his successours perpetuallie confirmes, the haill erections, infeftments, confirmations, patronages, tacks, and others securities of lands, teyndes, patronages, rights, and rents whatsomever, of the saids haill benefices foresaids, or any part thereof, (not being bishopricks,) given, disponed, or confirmed by his Majestie, during the tyme of the said Parliament, halden in the moneth of Julie 1587 years of before or sensyne, made agreeable to the lawes and acts of the said Parliament 1587, and others lawes and acts made sensyne. And faithfullie promits, _in verbo principis_, never to quarrell nor impugne the samine, directlie nor indirectlie, in any tyme comming. As also for the well and securitie of the tenants of the lands and teynds of the saids bishopricks, wha, since the act of annexation, have debursed diverse summes of money to his Heighnes’ thesaurer, for making and confirming to them of their infeftments, tacks, and securities of the saids lands, teyndes, and rents of the bishopricks possest by them. And to the effect the annulling of the said act of annexation, bereave them not altogether of the saids lands, teyndes, and rents of bishopricks, acquyred be them upon their large charges and expenses, according to the law then standing. And that upon the other part, the saids bishopricks be not altogether made unprofitable, by the unlawfull dilapidation of the rents thereof, and hurtfull conversion of the victuall, kaines, custumes, and other commodities of the samine, for unequall and unworthy pryces.

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.

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.