Act for abolisheing of the Actis contrair the trew Religion.
[Ratification of the libertie of the trew Kirk: Of Generall and
Synodal Assemblies: Of Presbyteries: Of Discipline. All Laws
of Idolatrie ar abrogate: Of presentation to benefices.]--Act
1592.[40]
Our Soverane Lord and Estaittis of this present Parliament, following
the lovable and gude example of thair predecessours, Hes ratifiet
and apprevit, and be the tenour of this present act, ratifies
and apprevis all liberties, privileges, immunities and freedomes
quhatsumevir, gevin and grantit be his Hienes, his Regentis in his
name, or onie of his predecessouris, to the trew and haly Kirk,
presentlie establishit within this realme; and declarit in the
first Act of his Hienes Parliament, the twentie day of October,
the zeir of God ane thousand, five hundreth, three-scoir ninetene
zieres: and all and whatsumevir actis of Parliament, and statutes
maid of befor, be his Hienes and his Regentis, anent the libertie
and fredome of the said Kirk: and specialie the first act of the
Parliament, halden at _Edinburgh_, the twentie foure day of October,
the zeir of God ane thousand, five hundreth, and four-scoir ane
zieres, with the haill particulare actis thairin mentionat, Quhilk
sall be als sufficient as gif the samyn wer herin exprest. And all
uther actis of Parliament maid sensyne, in favouris of the trew
Kirk; And siklyk, ratifies and apprevis, the Generall Assemblies
appointed be the said Kirk: And declairis, that it sallbe lauchfull
to the Kirk and Ministrie everilk zeir, at the leist, and offer
_pro re nata_, as occasioun and necessitie sall require, to hald
and keip Generall Assemblies: Providing that the Kingis Majestie,
or his Commissioner with thame to be appoyntit be his Heines, be
present at ilk Generall Assemblie, befoir the dissolving thairof,
nominat and appoint tyme and place, quhen and quhair the nixt
Generall Assemblie salbe haldin: and in caise nather his Majestie,
nor his said Commissioner, beis present for the tyme in that toun,
quhair the Generall Assemblie beis halden, Then, and in that caise,
it salbe lesum to the said Generall Assemblie, be themselffis,
to nominat and appoynt tyme and place, quhair the nixt Generall
Assemblie of the Kirk salbe keipit and haldin, as they haif bene
in use to do thir tymes bypast. And als ratifies and apprevis the
Sinodall and Provinciall Assemblies, to be haldin be the said Kirk
and Ministrie, twyis ilk zeir, as they haif bene, and ar presentlie
in use to do, within every Province of this realme; And ratifeis and
apprevis the Presbiteries, and particulare Sessionis, appoyntit be
the said Kirk, with the haill jurisdictioun and discipline of the
same Kirk, aggreit upon be his Majestie, in conference had be his
Heines with certane of the ministrie, convenit to that effect: of
the quhilkis Articles the tenour followis. MATERIS to be
entreated in Provincial Assemblies: Thir Assemblies ar constitute
for wechtie materis, necessar to be entreatit be mutuall consent,
and assistance of brethrene, within the Province, as neid requyris.
This Assemblie hes power to handle, ordour, and redresse, all things
omittit or done amisse in the particulare Assemblies. It hes power
to depose the office-beareris of that Province, for gude and just
causeis, deserving deprivatioun: And, generallie, thir Assemblies
hes the haill power of the particulare Elderschippis, quhairof they
ar collectit. MATERIS to be entreated in the Presbiteries.
The power of the Presbiteries is to give diligent lauboris in the
boundis committed to their chairge: That the kirks be kepit in gude
ordour, To enquire diligentlie of naughtie and ungodlie personis:
And to travell to bring thame in the way agane be admonitioun, or
threatning of Goddis jugementis, or be corectioun. It appertenis
to the Elderschip, to tak heid that the word of God be puirlie
preachit within thair boundis, the Sacramentis richtlie ministrat,
the Discipline intertenyit, And Ecclesiasticall guidis uncorruptlie
distributit. It belangis to this kynd of Assembleis, to caus the
ordinances maid be the Assembleis, Provinciallis, Nationallis, and
Generallis, to be kepit and put in executioun, to mak constitutionis,
quhilkis concernis το πρεπον in the Kirk, for decent ordour, in the
particulare kirk quhair they governe; Provyding that thay alter na
rewlis maid be the Provinciall or Generall Assemblies: And that they
make the Provinciall Assemblies foirsaidis, privie of the rewlis
that they sall mak, and to abolishe constitutionis tending to the
hurte of the same. It hes power to excommunicat the obstinat, formale
proces being led, and dew intervall of tyme observit. ANENT
particulare kirkis, Gif they be lauchfully rewlit be sufficient
minsteris and sessioun, Thay haif power and jurisdictioun in thair
awin Congregatioun, in materis Ecclesiasticall. And decernis and
declairis the said Assembleis, Presbiteries, and Sessiounes,
Jurisdictioun and Discipline thairof foirsaid, to be in all tymes
cuming, maist just, gude, and godlie in theselff, Notwithstanding of
quhatsumevir Statutis, Actis, Cannon, Civile, or Municipall Lawes,
maid in the contrair; To the quhilkis and every ane of thame, thir
presentis sall mak expres derogatioun: And becaus thair ar divers
Actis of Parliament, maid in favour of the Papisticall Kirk, tending
to the prejudice of the libertie of the trew Kirk of God, presentlie
professit within this realme, jurisdictioun, and discipline thairof,
Quhilk stands zit in the buikis of the actis of Parliament, not
abrogat nor annullit: Thairfoir his Heines and Estaittis foirsaids
hes abrogat, cassit, and annullit, and be the tennor heirof,
abrogatis, cassis, and annullis all Actis of Parliament maid be ony
of his Hienes Predecessoris, for mantenance of superstitioun and
idolatrie, with all and quhatsumevir Actis, Lawes, and Statutes, maid
at ony tyme, befoir the day and dait hereof, aganis the libertie of
the trew Kirk, jurisdictioun, and discipline thairof, as the samyn is
usit and exerceisit within this realm. And in speciall, that pairt
of the sevint act of Parliament halden at [_Streviling_, the fourt
day of _November_, ane thousand four hundredth, fourty-three] zeiris,
commanding obedience to be gevin to _Eugin_ the Pape for the tyme:
the 109 act made be King James the _thrid_, in his Parliament halden
at _Edinburgh_ the twenty-fourth day of _Februar_, [the zeir of God]
ane thousand, four hundreth, fourscor thrie zeirs. And all utheris
actis quhairby the Paipis authoritie is establishit. The 47 act of
King James the _third_, in his Parliament halden at _Edinburgh_, the
[twenty day of _November_, ane thousand, four hundredth, three scor
nine] zeires, anent the Satterday and uther vigilis to be hally dayes
from Evin sang to Evin sang. ITEM, that pairt of the 31 act
maid be the _Queene Regent_, in the Parliament halden at _Edinburgh_,
the first day of _Februar_ ane thousand, five hundredth, fifty-ane
zeirs, Geving speciall licence for haldin of _Pashe_ and _Zule_.
ITEM, The Kingis Majesty and Estaitis foresaidis declairis,
that the secund Act of the Parliament haldin at _Edinburgh_, the
xxij day of Maij, the zeir of God ane thousand, five hundredth,
four scoir, four zeires, sall naways be prejudiciall, nor derogat
anything to the privilege that God hes gevin to the spirituall
office beareris in the Kirk, concerning heads of religioun,
materis of heresie, excommunicatioun, collatioun or deprivatioun of
ministeris, or ony sik essential censours, speciall groundit, and
havand warrand of the word of God. ITEM, Our said Soverane
Lord, and Estaittis of Parliament foirsaids, abrogatis, cassis, and
annullis, the XX act of the same Parliament, halden at _Edinburgh_,
the said zeir, ane thousand, five hundredth, fourscoir, four zeires,
granting commission to bischoppis and utheris juges, constitute
in ecclesiasticall causes, to ressaue his Hienes presentatioun to
benefices, to gif collatioun thairupon, and to put ordour in all
causes ecclesiasticall: quhilk his Majesty and Estaites foresaidis,
declairis to be expyrit in the self, and to be null in tyme cuming,
and of nane availl, force, nor effect. And thairfoir ordanis
all presentationis to benefices, to be direct to the particular
presbiteries, in all tyme cuming: with full power to thame to giff
collationis thereupon; And to put ordour to all materis and causes
ecclesiasticall, within thair boundis, according to the discipline of
the Kirk: Providing the foirsaidis presbiteries be bund and astrictit
to ressaue and admitt quhatsumeuir qualifiet minister presentit be
his Majestie, or uther laic patrounes.