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.