And to the effect they be not prejudged, nor put in mistrust by this act, of their saids securities in the premisses, his Heighnes, with the advyce of the haill Estaites of Parliament, ratifies and approves, and for him and his successours perpetuallie confirmes, the haill erections, infeftments, confirmations, patronages, tacks, and others securities of lands, teyndes, patronages, rights, and rents whatsomever, of the saids haill benefices foresaids, or any part thereof, (not being bishopricks,) given, disponed, or confirmed by his Majestie, during the tyme of the said Parliament, halden in the moneth of Julie 1587 years of before or sensyne, made agreeable to the lawes and acts of the said Parliament 1587, and others lawes and acts made sensyne. And faithfullie promits, in verbo principis, never to quarrell nor impugne the samine, directlie nor indirectlie, in any tyme comming. As also for the well and securitie of the tenants of the lands and teynds of the saids bishopricks, wha, since the act of annexation, have debursed diverse summes of money to his Heighnes’ thesaurer, for making and confirming to them of their infeftments, tacks, and securities of the saids lands, teyndes, and rents of the bishopricks possest by them. And to the effect the annulling of the said act of annexation, bereave them not altogether of the saids lands, teyndes, and rents of bishopricks, acquyred be them upon their large charges and expenses, according to the law then standing. And that upon the other part, the saids bishopricks be not altogether made unprofitable, by the unlawfull dilapidation of the rents thereof, and hurtfull conversion of the victuall, kaines, custumes, and other commodities of the samine, for unequall and unworthy pryces.

Therefore, his Majestie, with advyse of his Estaits foresaids, Ordeins the saids persons possessours of the lands or teyndes of bishopricks by virtue of infeftments, confirmations or tacks of the samine granted or sett since the said act of annexation, and conforme to the samine, and lawes of the realme, at the tyme of the making thereof, shall have the securities, confirmations, tacks and rights of the saids lands and teynds of the bishopricks foresaids, renewed and granted to them in sufficient, valeid, and perfite forme by the bishops, possessours of the saids benefices. The saids fewers, tacksmen and tenants, paying to the saids bishops, for gressum, entresse and composition, for renewing of their saids fewes of all lands, and others belanging to the saids bishopricks; and als ratification of their saids tacks of all teyndes perteining thereto; Of the whilks at the day and date hereof, there are ten yeares crops of the samine to runne; The double of the yearlie silver duetie, conteined in their saids fewes and tacks; and the single of the victual duetie, and of all others dueties expressed therein, and that by and attour the yearlie duetie expressed in their saids fewes and tacks: The whilks dueties, for gressum, entresse and composition, the haill Estaites of Parliament declares, shall be payed by the saids fewers, tacksmen and tenants, within yeare and day, after they be lawfullie cited to that effect, and for that samine cause, or after that intimation of the samine be made to them, by the bishops in their awne courts.

And in case of not thankful payment, of the double of the said silver duetie, and of the single of the said victual, and others dueties to be payed within yeare and day, after the said citation and intimation, as said is; The saids Estaites of Parliament findes and declares, that the saids fewers and tacksmen shall be astricted to pay after the expyring of the said yeare and day, thankfull payment not being made within that space of the foresaids gressumes, entresse and composition, extending to the quantitie above written; the quadruple of the silver duetie, and the double of the said victual, and others dueties foresaids, to be payed to the saids bishops, by and attour the yearlie dueties conteined in the saids fewes and tacks, as is before said. And the saids Estaites ordeines and declares, that if there be not ten years compleit to runne of the saids tacks of teynds, perteining to the kirks of the saids bishopricks, after the day and date hereof; in that case, the tacksmen on nawyse shall be astricted to pay any gressum, entresse or composition for the samine, to the saids bishops, but they to be free thereof.

Attour, the saids Estaites declares, that the said act and ordinance of Parliament shall nowyse be extended, comprehend, nor prejudge any fewes of bishopricks, lawfullie sett and confirmed before the said act of annexation, whilk was in the said moneth of Julie, ane thousand, five hundreth, fourscore seven years. Excepting and reserving alwyse forth of this present act, all dispositions made of whatsomever patronages of kirks perteining to the saids bishopricks, disponed by lawful titulares, and the King’s Majesty, and ratified in Parliament, in favours of whatsomever person or persons, and nane others. And findes and declares all dispositions whatsomever, made of the foresaids patronages of all kirks perteining to the bishopricks disponed by the lawful titulares, and his Majesty, and not confirmed in Parliament, to be of nane avail, although the samine patronages be graunted and disponed by the King’s Majesty and titulares thereof. And lykwyse, excepting and reserving all common kirks, perteining of auld to the saids bishopes, and their chapter in commounity, whilks are disponed by his Majesty, to whatsomever person at any tyme preceeding this present act. And the saids Estaites declares, that if there be any common kirks, perteining to the saids bishopricks, and to their chapters of auld, that now perteins and falles to them be vertew of this present act, That thereby the ministers, wha are lawfully provided to the saids common kirks by presentation, collation, and admission, and serving thereat, shall nowyse be prejudged during their lyftymes; but that the saids provisions shall be sufficient right and warrand to the saids ministers, to bruike, joyce, and possesse their common kirks foresaids, according as they are provyded thereto, for all the dayes of their lyfetymes. Notwithstanding whatsomever clause conteined in this present act, or any other act of Parliament, that might make any derogation to the saids provisions. Excepting alwyse, and reserving the Castell of Sainct-Androes, and castell yardes of the samine, disponed to George Earle of Dumbar, upon the resignation of George Arch-bishoppe of Sainct-Androes, dissolved and dismembered from the said archbishoprick, by Our said Soveraigne Lord and Estaites, with expresse consent and assent of the said Arch-bishoppe, personally compearand in Parliament. Whom to Our said Soveraigne Lord, in place and recompence of the said castell, hes given and disponed the provestry of Kirkhill, viccarge and arch-deinrie of Sainct-Androes, to remaine with the said arch-bishop and his successours, by and attour ane yearly pension of three hundreth markes, given to the said arch-bishop, sa that the said castell and castell yardes shall nowyse be comprehended in this present act, nor yet shall be compted nor esteemed in any tyme hereafter, any part or portion of the patrimony of the said arch-bishoprick, but shall remaine with the said George Earl of Dumbar, his heires and successours, as their proper heritage lawfully disponed to them, and dissolved from the said arch-bishoprick. And in lyke manor, the saids Estates declares that the foresaid act, graunted in favours of the saids bishops, shall not be extended, nor be prejudiciall to the infeftments, rights and tytles made to Sir Robert Melveil of Murdocarnie, Knight, his heires and successours mentioned therein of the lands of Monymail and Lethame, with the manerplace, yeardes, and bigging of Monymaill, and patronage of the Kirk of Monymaill perteining of auld to the Arch-bishop of Sanct-Androes. And declaris the samine infeftments to stand in the awne strength, notwithstanding this present act. Provyding alwyse, that the said Sir Robert Malvill and his heires sustaine and entertaine the ministers serving at the said kirk, upon the frutes of the samine kirk. And notwithstanding this present act and haill clauses therein conteined, Our said Soveraigne Lord, with advyse foresaid, having considered the fewers of the barony of Glasgow, to be many in number, and the poverty of the maist part of them to be sik as they are not habile to furnishe the ordinare charges for renewing their infeftments, have dispensed, and by this present act dispenses anent the foresaid clause of renewing of fewes, with sa many of the saids fewers as have taken their fewes without diminution of the rentall, and conversion of victual, and other dewties in silver. And wha shall obteine ane ratification from Johne now Arch-Bishope of Glasgow, of the saids fewes and rights, before the feast of Alhallowmes next to come. And declares the fewes lawfully set, as said is, to the saids persons, valide and effectual, their heirs, successours, and assignayes, alwyse entering by the said arch-bishope, as their immediat superiour; and by his successours to their saids lands, rowmes and possessions, by brieves raised out of the said arch-bishops chancellarie, precepts of clare constat, resignations and confirmations, as use is, and paying their few-mailles, fermes, moulters, kaines, and other dewties, to the said arch-bishop and his successours in all tyme hereafter; but prejudice to the letters of gift, and pension graunted to the Duke of Lennox, Sir George, Sir James, and Archibald Erskeins pensions, forth of the frutes of the said arch-bishoprick of Glasgow, to be bruiked by the said Lord Duke during his lyftyme allanerly.

IV.

Act of the Commissariats and Jurisdiction given to Archbishops and Bishops.

24th June 1609.

Our Soveraigne Lord, understanding that in all well governed republicks, the jurisdiction civill and ecclesiastick are severall, distinct, and divers jurisdictions, whilk aught to be administrat by the persons to whom the same properly belangs; and according to his Heighnes most loving and princely affection born alwise to the Christian reformed Kirk within this realme, being maist willing that the said Kirk should bruike and joyse their liberties, priviledges, freedom, and jurisdiction granted to them by his Majesty, (from whom only their temporall jurisdiction doth flow,) and in that regarde belanging to them as being ane of the estates of Parliament maist necessare to be mainteined for giving their advice, counsell, and assistance in all his Majestie’s great and waighty affaires, hes with expresse advice and consent of the Estates of Parliament, restored and redintegrate the Archbishops and Bishops of this realme to their former authority, dignity, prerogative, priviledges, and jurisdictions lawfully pertaining, and shall be knawne to pertain to them, (alwise flowing from his Majesty, alswell as any other ordinar jurisdiction doth,) and specially to the jurisdiction of Commissariates, and administration of justice by their commissioners and deputies in all spirituall and ecclesiasticall causes contraverted betwene any persons dwelling within the bounds and diocies of their prelacies and bishopricks; with full power to the saids archbishops, bishops, and their successours in all tyme hereafter, to nominat and create sufficient wise, discreit, and learned men best acquainted with the law and practick of this realme, to serve and administrat justice in the saids places of judicatorie, to constitute clerks and all other under officers, sa oft as the same shall vaik by dimission, decease, deprivation, or otherwyse, and to provide others in their places, with as great freedom and liberty as any archbishops or bishops in this realme formerly hes done. Whilks commissares to be nominat and create by them, shall judge and decyde in all causes belanging to their judicatory. And wherein the commissares presently in office are in use to decyde, keeping the same style and forme whilk is presently observed, and that manner of proceeding whilk shall be prescryved and injoyned to them by speciall injunctions without any alteration of the present lawes, or introduction of new and uncouth practicks upon the subjects and leiges, and shall have power of confirmation of testaments every ane of them within their awin bounds. The quotes thereof to be payed to the archbishops, bishops, their chamberlanes, factors, and under-receavers appoynted by them. For the better effectuating whereof, his Majestie and Estates of Parliament ordeins letters of horning to be given and granted by the Lords of Session in that same very sort that the commissares present hes it, for execution of all their sentences and decreits whilk shall happen to be pronounced by them, and compelling of persons to enter and confirme the testaments of their defuncts in the very same manner that formerly hes been done. And for mainteining all things in better order, and the restraining of unlawfull divorcements, over frequently practised within this realm, to the heigh dishonour of God and slander of the true religion, His Majesty, with advice and consent foresaids, hes statute and ordeined, that in the burgh of Edinburgh there shall be resident alwyse four commissares, twa to be nominate and appoynted by the Archbishop of Sanct-Androes, and twa by the Archbishop of Glasgow, wha shall have the only power to decide in all causes of divorcement. As likewise shall have power of reduction of all decreets pronounced by any other commissares, to the hurt and prejudice of any of the leiges; before whom it shall be only lawful to intend and persew reductions of inferiour commissares their sentences and decreets in prima instantia. And in case the saids commissares to be appoynted by the Archbishops of Sanct-Androes and Glasgow, as said is, performe not their duety, the Lords of Session shall have power to try, cognosce, and determine in the same; and shall judge upon all decreets and sentences alledged to be wrangously pronounced by them. And that because they are his Majestie’s great consistory, to whom his Heighnes, with advyce of the said Estates, gives and grants an heigh supreme commission for all sik causes, to judge and determine of them in sik causes. And declares that it shall be lawfull to the saids Lords of Councell and Session, to advocat causes to themselves from any of the commissares, upon just and lawfull complaints made to them by any of the subjects, and not otherwise. Provyding alwyse, that the said Session shall ever be ready to give an account to his Majesty, that their advocations have bene grounded upon probable and lawfull grounds for the well of the subjects. And that this foresaid Act may be put in present effect, his Majesty, with advyce foresaid, declares all former erections of commissariates to be suppressed and extinct from this forth and for ever, all constitutions that have bene in former tyme of the same in whatsoever part of the realme the same hath bene erected, and by whatsoever manner the same hes proceeded, Act of Parliament, Secreet Councell, and others made thereanent. And in lyke manner, discharges and annulles all presentations, gifts, or dispositions made by his Heighnes to the commissares present, or to any other concerning the said commissariates, and all rights acquyred by them by decease, dimission, or howsoever the same hes vaicked, and all gifts and dispositions made in favours of their clerks and members of court, by whatsomever manner of order the same hes proceeded. With this provision alwyse, that the commissars presentlie in office, their clerks and others members of court, wha shall be authorized with testimoniall from the Lords of Session of their sufficiencie and qualification to their severall places and offices, shall bruike and joyse the same, they alwyse receaving new presentation and gift of their offices from the archbishops and bishops of their diocies where they serve, betwene and the first day of December next to come. Otherwise, if in case the saids commissares and others members of court do not produce the foresaid testimoniall from the Lords of Session, as said is, it shall be lawfull to the archbishops and bishops to provide other sufficient persons to the saids places. The restitution of the said jurisdiction alwyse to be with expresse reservation of his Heighnes and his successours their prerogatives and supremacie in all causes ecclesiasticall and civill within this realme. Provyding alwyse, that this present act shall na wyse be hurtfull nor prejudiciall to the heritable right of the commissariate within the bounds of Argyle, perteining to Archibald now Earle of Argyle, but the same to stand in the same force, strength, and effect as it was before this present act, and notwithstanding thereof, or any clause therein conteined, prout de jure.

V.

Act, of the Apparel of Judges, Magistrates, and Kirkmen.—[Excerpt from.]