The Causes and Maner of Deprivation of Ministers.--Act 1584, c.
5.[39]
Our Soverane Lord, and his thrie Estatis, assemblit in this present
Parliament, willing that the word of God salbe preachit, and
Sacramentis administrat in puritie and synceritie, and that the
rentis, quhairon the Ministeris aucht to be sustenit, sall not be
possest be unworthie personis neglecting to do thair dewties, for
whilkis they accept thair benefices, being utherwayis polluted
with the fraill and enorme crymis and vices after specefeit. It is
thairfoir statute and ordainit be his Hienes, with auice of the
saidis thrie Estatis, That all Personis, Ministeris or Reiddaris,
or utheris providit to benefices, sen his Hienes Coronatioun,
(not having vote in his Hienes Parliament,) suspectit culpable of
heresie, papistrie, fals and erroneous doctrine, commoun blasphemie,
fornicatioun, commoun drunkennes, non-residence, pluralitie of
benefices having cure, quhairunto they are providit sen the said
Coronation, Symonie and dilapidatioun of the rentis of benefices,
contrare the lait act of Parliament, being lawfullie and ordourlie
callit, tryit, and adjudgit culpable, in the vices and causes
abonewrittin, or onie of thame, be the ordinare Bishop of the diocie,
or utheris the Kingis Majesties Commissionaris to be constitute in
Ecclesiasticall causes, sall be deprivit alsweil fra thair functioun
in the Ministerie, as fra thair benefices, quhilkis sallbe thairby
declarit to be vacand; to be presentit and conferrit of new, as gif
the personis possessouris thairof were naturallie dead: And that it
sallbe esteemit and jugeit not-residence, quhair the persoun being
in the functioun of the ministerie, providit to ane benefice, sen
the Kingis Majesties Coronatioun, makis not residence at his mans,
gif he ony hes; and failzeing thereof, at sum uther dwelling place
within the parochin, but remainis absent thairfra, and from his kirk,
and using of his office, be the space of four Sondayis in the haill
zeir, without laufull caus and impediment, allowit be his ordinare.
And quhair ony persoun is admittit to ma benefices, havand cure, sen
our Soverane Lordis Coronatioun, the acceptatioun of the last sallbe
sufficient cause of deprivatioun from the remanent, swa that he be
providit to twa or ma benefices havand cure, sen the tyme of the
said Coronatioun. And nevertheles this present act sall not extend
to ony persoun providit to his benefice befoir the said Coronatioun,
nather sall the bruking of the said office, quhairunto he was
providit of befoir, induce pluralitie of benefices in this cace,
bot he sall allanerlie tyne his richt of the benefice quhairunto
he wes providit sen the said Coronatioun alanerlie: And unioun of
kirkis to ane benefice not to be jugeit pluralitie, quhill farder
ordour be establissit and providit in that behalf: Likeas alswa, the
personis being in the functioun of the ministrie, that sall happin
to be lawfullie and ordourlie convict befoir our Soverane Lordis
Justice-Generall, or utheris thair Jugeis competent of criminall
causis, sik as treasoun, slachter, mutilatioun, adulterie, incest,
thift, [commoun oppressioun, usurie aganes the lawis of this
Realme,] perjurie, or falset: They being likewayis lawfullie and
ordourlie deprivit fra thair functioun in the ministerie, be thair
ordinare, or the Kingis Commissionaris in Ecclesiasticall causes.
The benefices possest be the saidis personis to vaik, be reasoun of
the said convictioun, and deprivatioun. And this to have effect and
executioun onlie for crimis, vicis, faultis, and offenceis, that sall
happin to be committit efter the dait heirof.