24th June 1609.
Attour, his Majesty and Estaites foresaids, considering what slander and contempt hes arisen to the ecclesiasticall estate of this kingdom by the occasion of the light and undecent apparell used by some of that profession, and chiefly these having vote in Parliament: It is therefore statute that every preacher of God’s word shall hereafter weare black, grave and comely apparell beseeming men of their estate and profession. As lykewise that all pryors, abbots, and prelates, having vote in Parliament, and specially bishops, shall weare grave and decent apparrell agreeable to their function, and as appertaines to men of their rank, dignity, and place. And because the haill Estates humbly and thankfully acknawledges that God of his great mercy hes made the people and subjects of this country sa happy as to have a King raigne over us, wha is maist godly, wyse, and religious; hating all erronious and vaine superstition, just in government, and of lang experience therein, knawing better then any King living what apperteins and is convenient for every estate in their behaviour and duty. Therefore it is agreed and consented to by the Estates, that what order sa ever his Majesty in his great wisdome shall think meet to prescrive for the apparell of kirk-men agreable to their estate and moyen; the same being sent in writ by his Majesty to his Clerk of Register, shall be a sufficient warrant to him for inserting thereof in the buikes of Parliament to have the strength and effect of an act thereof, with executorials of horning to be direct thereupon, against sic persons as within the space of fourty dayes after the publication or intimation to them of the said act or charges used against them thereupon, shall not provyde themselves of the apparell to be appoynted by his Majesty for men of their vocation and estate, to be used and worne by them and their successours at the tymes, and in manner to be expressed in the said act to be made by his Heighnesse thereanent.
VI.
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.