[1609/4/15]*[print] [email] [cite] [preceding] [following]
Forsamekle as oure soverane lord and estaittis of this present parliament, considering that one of the great causes whiche hes procured the grouth and incresche of papistis within this kingdome hes procedit frome the small cair and regaird that hes bene had of the educatioun and upbringing of the youth, who being sent forth of the realme to places of contrarie professioun and not being first weill grounded in religioun and accompanied with pedagoges scarce weill affected to religioun, they do often returne bak so possest with superstitioun and hereticall errouris as they may be justlie suspected for dangerous subjectis in the estait; for preventing of whiche grouth and incresce of defectioun frome the trew faith by the occasioun foirsaid, oure said soverane lord and estaittis foirsaidis ordanis that all suche noble men and otheris who heirafter shall direct ony pedagoges with their sonnes out of the countrey shall be halden by vertue of this present act to have a sufficient testimoniall of the bischop of the diocie where the said pedagoge for the most pairt laitlie maid his residence, testefeing and approveing the said pedagoge to be godlie and of good religioun, learned and instructed in the same. And gif ony noble man or other shall happen to send ony pedagoge with thair sonnes out of the countrey without testimoniall and approbatioun of the bischop in maner abonewrittin, in that cais oure said soverane lord and estaittis forsaidis declaires, statutis and ordanis that everie suche noble man and otheris according to their severall degrees and rankes shall incur the paines particularlie undirwritten, viz: everie erle, fyve thowsand pundis; everie lord, fyve thowsand merkis; and everie baroun, thrie thowsand merkis, whiche sowmes sall be intromettit with and upliftit of thame by his majesteis thesaurar and his depute to his highnes use, providing incais it shalhappin the bischop of that diocie to refuse to grant testimoniall to the pedagoge upoun the premises, the said bischop thairaftir being lauchfullie summonit to compeir befoir the lordis of his highnes secrete counsaill to answer to that complante and schaw not ane ressonabill cause of that his refusall, than and in that cais it sall be lauchfull to the lords of secrete counsaill to† the foirsaid pedagoge to the effect abonewrittin.
[1609/4/16]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ordanis the noblemen, baronis and otheris to have a speciall cair and to gif ordour and directioun that the remaning of their sonnes forth of the countrey shall be in places where religioun is proffessed or at the leist where thair is na restrante of the same by the crueltie of inquisitioun, and that during the tyme of their absence they sall not hant ony idolatrous exercise of religioun, and suche persones as hes not the moyen to intertene with their sonnes a pedagoge shall send thame to suche places where religioun is professed; and incais their sonnes eftir thair departure out of the countrey shall haunt the exercise of contrarie religioun, oure said soverane lord and estaittis foirsaid ordanis that thair parentis or suche otheris as hes the charge of them shall be straitit to find cautioun actit in the bookes of secrete counsaile under suche panis as shall be modefeit, that they sall not supplie, intertaine nor furnische them with ony thing necessar or comfortable unto them after that it† knowne that their sonnes ar become papistis and hauntis idolatry contrarie to the religioun presentlie professed within Scotland, except their ressonable expenses in recalling and bringing them to this realme of Scotland.
[1609/4/17]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering that wheir as there is divuers persones who ar excommunicat for not conforming them selfis to the trew religioun presentlie professed and do notwithstanding still injoy the possessioun of their landis, rentis and liveing, eyther directlie in thair awin persones or covertlie in the persones of thair friendis and weill willaris, to thair use and behoofe, to the incourageing of them to persist in their pernicious and erronious opinionis and to the frustrating of the executioun of the actis and constitutionis maid aganis excommunicants heirtofoir; therefoir oure said soverane lord and estaittis foirsaidis declaris, statutis and ordanes that na persones whatsoevir who ar alreadie or heireftir salhappin to be excommunicat for not conforming them selves to the religioun presentlie professed within this kingdome shall be suffered aither directlie in thair awin persones or covertlie and indirectlie by ony otheris in thair names and to thair behoof injoy the possessioun of thair landis, rentis and revenous, bot the samin sall be medled, intrometed with and uplifted to his majesteis use.
[1609/4/18]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering that to the effect everie mannes affectioun and dispositioun in his religioun may be cleirlie and sufficientlie knowne, thairfoir oure said soverane lord and estaittis foirsadis statutes and ordanis that everie archibischop and bischop within the boundis of his diocie shall ones everie year give upe to the thesaurar, comptrollar, collectour and thair deputtis, and to the director of oure soverane lordis chancellarie, a roll subscryvit with his hand, contening the names of all suche persones within his diocie who ar excommunicat for religioun; and ordanis the said thesaurar and his deputis that they ressave na resignationis nor grant confirmationis nor infeftmentis to or† favouris of ony of the persones whois names sall be contenit in the said roll, and that the director of the chancellarie and his deputtis give out na breves, ressave na retouris nor direct na precept upoun retouris nor upoun comprysingis in favouris of ony of the saidis persones quhais names shall be insert in the said roll at na tyme thaireftir, whill the said persone or persones produce unto the said thesaurar, comptroller, directour of the chancellarie and thair deputis a sufficient testimoniall subscryvit by the said archibischop or bischope testefeand thair relaxatioun frome the said excommunicatioun and thair obedience and satisfactioun to the kirk as the said thesaurar, director of the chancellarie and their deputtis will be answerable to his majestie upoun the duetie of thair office. And lykwayes oure said soverane lord and estaittis foirsaidis declaris that it shall be lauchfull to all lordis of regaliteis and to all superiouris quhatsumevir within this kingdome to refuse breves and preceptis of clare constat in favouris of ony persone or persones whois names shall be insert in the said roll, as alsua to refuse the entrie of tennentis upoun comprysing whois names ar insert in the same roll.
[1609/4/19]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considering the impunitie of Jesuitis, seminarie preistis and utheris papistis, adversareis to the trew religioun professit within this realme, and thair ressaitteris in tymes bigane hes bene the cause alsweill of thair increase as of thair insolence in all the pairtis of this realme, and that the samin hes procedit pairtlie upoun the negligent executioun of the actis of parliament maid aganis the saidis papistis, Jesuites and seminarie preistis and thair ressaitteris, and pairtlie upoun some obscuritie of wordis in the saidis actis; thairfoir our said soverane lord and estaitis foirsaidis, most willing to have the saidis actis put to dew executioun in all pointis and papistrie and superstitioun utterlie suppressed according to the intentioun of the samin, hes ratefeit, apprevit and confermit and, by the tennoure of this present act, ratefeis, appreves and confermit all and whatsumevir actis of parliament either maid in his highnes minoritie and lesse age, or ellis since his acceptatioun of the governament in his awin persone, aganis Jesuites, seminarie preistis, papistis, sayaris and heiraris of masse and ressetteris of the saidis persones or ony of thame, and decernis and ordanis the same to have full strenth, force and effect and to be put to dew executioun in all tyme cumming, with these explanationes eftir following: that the saidis actis maid aganis sayaris and heiraris of masse sall be put to dew executione and be extendit to all heiraris and sayaris of masse without ony exceptioun or restrictioun, as lykwayes that all actis maid of befoir aganis the ressetteris of the saidis persones have their full force, strenth and effect, and to be put to dew executioun aganis the saidis ressetteris eftir lauchfull intimatioun and denuciatioun be maid of the saidis persones, whiche denuciatioun and intimatioun his highnes and the estaitis foirsaidis declares to be sufficient to cause the saidis ressettaris of the saidis papistis, Jesuites, seminarie preistis and utheris contenit in the saidis actis incur the panis thairin contenit gif the samin be maid at the headburgh of the schire wheir the saidis persones remanes and at the marcat croce of Edinburgh, without ony forder intimatioun to be thairanent; aftir the whiche denunciatioun and intimatioun to be maid as said is, oure said soverane lord and estaitis foirsaidis declairis that who soevir thaireftir sall wittinglie and willinglie resset ony of the saidis persones, either privatlie or publictlie, that the saidis ressaitteris sall incur the panis contenit in the saidis actis, they being lauchfullie convict thairof, and that the act maid in his highnes first parliament, beiring that none that professe not the trew religioun presentlie professit within this realme may be judge, procuratour or member of court, be extendit to all and quhatsumevir offices without ony exceptioun or restrictioun in all tyme cumming. And for the better executioun of the saidis actis, oure said soverane lord and estaittis foirsaidis commandis and ordanis all archibischoppis, bischoppis and presbiteres to call befoir thame the saidis papistis, Jesuites, seminarie preistis and thair ressettaris, everie ane within thair awin boundis, and to tak tryell and cognitioun gif they have controvenit the saidis actis or ony pairt thairof, and according as they find eftir dew tryell and probatioun, that they reporte the samin to his highnes advocat and secrete counsaill, to the effect they may be callit and convenit befoir thame and punished according to the saidis actis in all pointis.
[1609/4/20]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, undirstanding that in all weill governed republictis the jurisdictioun civill and ecclesiastik ar severall, distinct and divers jurisdictiounes whiche ocht to be administrat by the persones to quhome the samin propirlie belongis, and according to his highnes most loving and princelie affectioun borne alwayes to the Christiane reformed church within this realme, being maist willing that the said churche sould brook and jois their liberteis, privileges, fredome and jurisdictioun granted unto them by his majestie (frome whom onlie thair temporall jurisdictioun doth flow), and in that regaird belonging to them as being ane of the estaitis of parliament most necessar to be mantenit for geving of their advyse, counsaill and assistance in all his majesteis great and weichtie affairis, hes, with express advyse and consent of the estaitis, restored and redintegrate the archibischoppis and bischoppis of this realme to their former authoritie, dignitie, prerogative, privileges and jurisdictiouns lauchfullie pertening and shall be knawin to pertene to thame (alwayes flowing frome his majestie alsweill as ony uther ordinar jurisdictioun doth), and specialie to the jurisdictioun of comissariatis and administratioun of justice by thair comissioneris and deputeis in all spirituall and ecclesiasticall causes controvertit betuene ony persones duelling within the boundis and diocees of their prelaceis and bischoprickis; with full power to the saidis archibischoppis, bischoppis and thair successouris in all tyme heireftir to nominat and creat sufficient wyse, discreit and learnit men best acquentit with the law and practique of this realme, to serve and administrat justice in the saidis places of judicatorie, to constitute clerkis and all other under offciaris sa oft as the samin sall vaik by dimissioun, deceis, deprivatioun or utherwayes, and to provyde utheris in thair places with als great fredome and libertie as ony archibischoppis or bischoppis in this realme formerlie hes done, whiche commissareis to be nominat and treat by thame sall judge and decyde in all causes belonging to thair judicatorie and wheirin the commissares presentlie in office ar in use to decyde, keipand the samin stile and forme whiche is presentlie observit and that maner of proceding whiche sall be prescryvit and injonit to thame by speciall injunctiounes without ony alteratioun of the present lawes or introductioun of new and uncouth practiques upoun the subjectis and lieges, and sall have power of confirmatioun of testamentis, everie ane of thame within their awin boundis, the quottis thairof to be payit to the archibischoppis, bischoppis, thair chalmerlanis, factouris and underressaveris appointit by thame; for the better effectuating quhairof, his majestie and estaitis of parliament ordanis lettres of horning to be gevin and grantit be the lordis of sessioun in that samin verie sorte that the commisseris present hes it for executioun of all thair sentences and decreitis whiche salhappin to be pronuncit by thame, and compelling of persones to enter and conferme the testamentis of thair defunctis in the verie samin maner that formerly hes bene done. And for mantening of all thingis in better ordour and the restraning of unlauchfull deforcementis too frequentlie practisit within this realme, to the hich dishonour of God and sclander of trew religioun, his majestie, with advyse and consent foirsaid, hes statute and ordanit that in the burt of Edinburgh thair sall be resident alwayes four commisseris, tua to be nominat and appointit by the archibischop of Sanctandrous and twa by the archibischop of Glasgow, who shall have the onlie power to decyde in all causes of devorcement, as lykwayes shall have power of reductioun of all decreittis pronuncit by ony uther commisseres to the hurte and prejudice of ony of the lieges, befoir whome it shall be onlie lauchfull to intend and persew reductiounes of inferior commisseris, their sentences and decreittis in prima instantia. And incais the saidis comisseris to be appointit by the archibischoppis of Sanctandrous and Glasgow as said is performe not their duetie, the lordis of sessioun shall have power to trye, cognosce and determine in the samin, and shall judge upoun all decreittis and sentences allegeit to be wrangouslie pronuncit by thame, and that becaus they ar his majesteis great consistorie, to quhome his highnes, with advyse of the saidis estaittis, gevis and grantis ane hich and supreme comissioun for all suche causes to judge and determine of thame in suche cais; and declairis that it shall be lauchfull to the saidis lordis of counsaill and sessioun to advocat causes to thame selffis frome ony of the commisseris upoun just and lauchfull complentis maid to thame be ony of the subjectis and not utherwayes, provyding alwayes that the said sessioun sall evir be readie to give ane accompt to his majestie that thair advocationis have bene groundit upoun probable and lauchfull groundis for the weill of the subjectis. And that this foirsaid act may be put in present effect, his majestie, with advyse foirsaid, declairis all former erectionis of commissariatis to be suppressit and extinct frome this furth and for evir all constitutionis [that]† have bene in former tyme of the samin, in quhatsumevir pairt of the realme the samin have bene erectit and by quhatsoevir maner the samin hes procedit, actis of parliament, secrete counsaill and otheris maid thairanent; and in lykmaner discharges and anullis all presentationis, giftis or dispositionis maid by his hienes to the commisseris present or to ony uther concerning the saidis commissariatis and all richtis acquirit by thame by deceis, dimissioun or howsoevir the samin hes vaikit, and all giftis and dispositionis maid in favoris of thair clerkis and memberis of court by quhatsumevir maner or ordour the samin hes procedit, with this provisioun alwayes: that the commisseris presentlie in office, with clerkis and utheris memberis of court who sall be authorizit with testimoniall of the lordis of sessioun of thair sufficiencie and qualificatioun to thair severall places and offices, shall bruik and jois the samin, they alwayes ressaveing ane new presentatioun and gift of thair offices frome the archibischoppis and bischoppis of thair dioces quhair they serve betwene and the first day of December nixtocum; utherwayes gif incais the saidis commisseris and otheris memberis of court do not produce the foirsaid testimoniall frome the lordis of sessioun as said is, it salbe lauchfull to the archibischoppis and bischoppis to provyde utheris sufficient persones to the saidis places, the restitutioun of the said jurisdictioun alwayes to be with expres reservatioun of his highnes and his successouris, thair prerogative and supremacie in all causes, ecclesiasticall and civill, within this realme. Provyding alwayes that this present act shall nawayes be hurtfull nor prejudiciall to the heretable richt of the commissariat within the boundis of Argyle pertening to Archibald, now erle of Argyle, bot the samin to stand in the samin force, strenth and effect as it wes befoir this present act and notwithstanding thairof or ony clause thairin contenit pro ut de jure.