XIII.
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.
XIV.
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.
XV.
Vnqualified persones being deprived, the Benefice vaikis, and the Patron not presentand, the richt of Presentation pertaines to the Presbytery, but prejudice of the tackes, set be the person deprived.—Act 1592, c. 117.[41]
Our Souerane Lord Considering the greit abuses quhilkis ar laitlie croppen in the Kirk, throw the misbehaviour of sik personis as ar providit to ecclesiasticall functionis: sic as personages and vicarages within any parrochin, and thairefter neglecting thair charge, ather levis thair cure, or ellis committis sik crymes, faultis, or enormities that they are fund worthie of the sentence of deprivatioun, ather befoir thair awin presbiterie, or ellis befoir the Sinodall and Generall Assemblies. Quhilk sentence is the less regardit be thame, Because, albeit they be deprivit of their functioun and cure within the Kirk: zit thay thinke they may bruike lawfully the profites and rentes of their saids benefices, enduring their lyfetymes, Notwithstanding the said sentence of deprivatioun: Thairfore, our Soverane Lord, with avice of the Estaitis of this present Parliament, declaris, that all and quhatsumever sentence of deprivatioun, ather pronouncit already, or that happenis to be pronouncit hereafter, be ony Presbyterie, Synodall or General Assemblie, agains ony persone or vicare within their jurisdictioun, provydit sen his Hienes coronation: (All personis provydit to personages and vicarages, quha hes voit in Parliament, Secreit Councill, and Sessioun, or providit thairto of auld, befoir the Kingis coronatioun, And Maister George Young, Archidene of Sanct Androis, being specially exceptit,) is and sal be repute in all jugementis, ane just cause to seclude the persone befoir providit, and than deprivit frome all profites, commodities, rentis, and deweties of the said personage and vicarage, or benefice of cure: And that ather be way of actioun, exceptioun, or reply. And that the said sentence of deprivatioun salbe ane sufficient cause to mak the said benefice to vaike thereby. And the said sentence being extractit and presentit to the Patroun, the said Patroun sal be bund to present ane qualifiit persone of new to the Kirk, within the space of sex monethis thairefter: And gif he failzie to do the same, the said Patroun sal tyne the richt of presentatioun for that tyme allanerlie: And the richt of presentatioun to be devolvit in the handes of the Presbytery within the quhilk benefice lyes; to the effect that thay may dispone the same, and gif collatioun thereof, to sik ane qualifiit persone as they sall think expedient. Providing allwayes, in caise the Presbytery refuises to admit ane qualifiit minister, presentit to thame be the Patroun: It sall be lauchfull to the Patroun to retene the haill fruitis of the same benefice in his awin handes. And forder, his Heines and Estaitis foirsaides declairis, that the deprivatioun already pronouncit, or to be pronouncit, be ony Presbytery, Synodall or Generall Assemblies, agains ony of the personis or vicaris foirsaid, sall nawayes hurte or be prejudiciall to ony tackes, lawchfullie set be that persone deprivit, befoir his deprivatioun, to quhatsumevir personis.