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.