Procedure: ratification of acts and conclusions of the general assembly
A ratificatioun of the acts and conclusionis set downe and agreed upoun in the generall assemblie of the kirk, kepit in Glasgow in the moneth of June 1610, togither with ane explanatioun by the estaites of some of the articles of the same

Forsamekle as in the parliament haldin at Edinburgh in the yeir of God 1597 the estaittis of this kingdome remittit to his majestie to consult and agre with the generall assemblie of the kirk upoun the authoritie and power quhilk the archibischops and bischops sould have in the policie and discipline of the kirk, whereanent after that his majestie and his commissioners had mony tymes maist seriuslie conferrit and advisit with the ministrie, at last conclusioun was takin in the generall assemblie haldin at Glasgow in the moneth of June 1610 yeris, determining all the doubtfull and controvertit pointis concerning the jurisdictioun, policie and discipline foirsaid, with full and uniforme consent of ane verie frequent nowmer of godlie ministers, assisted be the counsell and concurrence of ane great manie of best affected nobilitie, barones and commissioners of burrowis of this kingdome in maner, substance and effect following, with the explanatioun maid be the estaittis of parliament presentlie convenit of some of these articles resolved upoun in the foirsaid assemblie of Glasgow.

In the first, the foirsaid assemblie acknawlegeth the indictioun of the generall assemblie of the kirk to appertene to his majestie, be the prerogative of his royall crowne.

And forder ordaneth that the bischoppis salbe moderators in everie diocesian synode and the synode sall hald twyse in the yeir of the kirkis of everie diocie, viz: in Aprile and October; and where the dioceses are large, that thair be twa or thrie synodes in convenient places for ease of the ministrie; and incais the bischop of the diocie be absent upoun any necessair occasioun, in that cais his place salbe suppleit be sic ane worthie minister bering charge within the bounds, as the archibischope or bischop sall appoint.

That na sentence of excomunicatioun or absolution thairof be pronunced aganis or in favouris of ony person withowt the knawlege and approbatioun of the bischop of the diocie, who most be answerable to God and his majestie for all formall and unpartiall proceding thairin; and the processe being found formall, the sentence to be pronucit, at the direction of the bischop, be the minister of the paroche where the offender duellis and the processe began.

That all presentations to benefices be directed heirefter to the archiebischop or bischop of the diocie within the whiche the benefice, vacand be dimissioun, deprivatioun, deceis or utherwyse, lyeth; with pouer also to the archiebischop or bischop to dispone and confer sic benefices as fallis in his diocie jure devoluto, providing alwayes incais any archiebischop or bischop suld refuse to admit any qualifeit minister (accepting the presentation granted to him and who hath bene once receved and admittit to the functioun of the ministrie, being then still undeprived) presented to thame be the patron, in the cais of any sick refuse, it salbe lauchfull to the patron to retene the whole fructis of the said benefice in his awin handis, and ayther he or the paroche wanting a pastoure be reason of not planting of the kirk (incais the refusale thairof cum be the bischop) may complene thairof to his archibischop; and if ayther the archibischop be the refuser, or ellis gif not dew redresse being complenit unto, in that cais the lordis of his majesties privie counsell upoun the parties complent of the refuse, and no sufficient reason being gevin for the same, sall direct lettrez of hornyng chargeing the ordinarie to do his dwtie in the receving and admitting of sic a persoun as the said patron hath presented. It is alwyse declarit that if any archiebischop or bischop sall deprehend any sic person as is presented to him to have cum within compasse of a simoniacle paction with the patron, in sofar as he hath ayther already hurt or promeist or bund him self to prejudge and hurt the state of his benefice, in not reserving a sufficient mantinance for him and his successours, answerable to the estate of his benefice, and that the bischop or archibischop sall understand the same ayther be the parties oth, or uther clere prufe and evidence, in that cais they may lawfullie refuse any sic person presented unto thame, bot if the partie who is presented hath reserved to him self and his successors a sufficient mantinance, the setting of takkis or promise to do the same, or doing of any thing els to his patron (being not prejudiciall to that afoirsaid mantinance), sall nowyse be ascrived to ony simoniacall pactioun, nor sall not serve for ony reason to the archiebischop or bischop to refuse him. And incais ony sic controversie or question sall occur betuix the patron, the person presented and the archibischop and bischop, it is declared that the lordis of counsell and sessioun salbe judges thairunto, to decyde upoun the said symoniacall paction and qualitie of the same if ony sic thing salbe objected aganis the partye presented.

In depositioun of the ministers, the bischop associating to him selff the ministrie of these boundis where the delinquent served, he is thair to tak tryall of the fact and, upoun just caus found, to depryve; and the lyke ordoure to be observed in suspensioun of ministers from the exercise of the functioun.

That everie minister in his admissioun sall sweare obedience to his majestie and to his ordinar, according to this forme following: I, A. B., now nominat and admitted to the kirk of D., testifie and declare in my conscience that the richt excellent, richt heich and michtie prince James the Sext, be the grace of God, king of Scotland, England, France and Ireland, defender of the faith etc., is the onelye lauchfull supreme governoure of this realme, alsweill in maters spirituall and ecclesiasticall as in thingis temporall, and that na foreyne prince, state nor potentate hes or aucht to have ony jurisdictioun, power, superioritie, preeminance or authoritie, ecclesiasticall or spirituall, within this realme; and thairfore I utterlie renunce and forsake all foreyne jurisdictioun, power, superiorities and authorities, and promisis that frome this furth I sall and will beare faith and trew alledgeance to his heichnes, his aires and lauchfull successors, [and to my power sall assist and defend all jurisdictions, privileges, preeminences and authorities granted and belonging to his highnes, his heires and lawfull successors] or united and annexed to his royall crowne. And further, I acknawlege and confes to have and to hald the said D. and possessioun of the same under God, of his majestie and his crowne royall of this realme; and for the saidis possessiounes, I do homadge presentlie to his heichnes in youre presence, and to his majestie, his airis and lauchfull successors salbe trwe, so help me God. And als that everie minister in his admissioun sall sweare obedience to his ordinar, according to this forme following: I, A. B., now admitted to the kirk of C., promisis and swearis to E. F., bischop of that diocie, obedience and to his successors in all lauchfull thingis, so help me God.

And if the said benefice be at the presentatioun of ane laick patron, the persoun presented sall gif his aith as followis: I, G. H., now admitted to the foirsaid benefice, testifie and declare in my conscience that the richt excellent, richt heich and michtie prince James the Sext, be the grace of God, king of Scotland, England, France and Ireland, defender of the faith etc., is the onelye lauchfull supreme governoure of this realme, alsweill in maters spirituall and ecclesiastick as in thingis temporall, and that na foreyne prince, state nor potentat hes or aucht to have ony jurisdictioun, power, superiorite, preeminence or authoritie, ecclesiasticall or spirituall, within this realme, and thairfore I utterlie renunce and forsaik all foreyne jurisdictioun, power, superiorities and authorities, and promises that frome this furth I sall and will beare faith and trew alledgeance to his heichnes, his aires and lauchfull successors, and to my power sall assist and defend all jurisdictiones, priviledges, preeminences and authorities grantit and belanging to his heichnes, his aires or lauchfull successors, or united and annexed to his royall crowne; and I do acknawledge and confesse to have and hald the said benefice and possessions of the same under God, be his majestie, of E. F., lauchful patron of the same.

That the visitation of ilk diocie be done be the bischop him selff, and gif the boundis be gretar than he can owertak, that then he mak speciall choyse of some worthye man of the ministrie within the diocie to visite in his place; and quhatevir minister, without just cause or lawfull excuse maid, sall absent him self frome the visitatioun or the diocesian assemblie, he salbe suspendit from his office and benefice, and if he amend not, he salbe depryved.

That the conventionis of ministers for exercise salbe moderated by the bischop being present, and in his absence by any uther minister whome he sall appoint at the synode.

Whilks acts, ordinances, declarationis and determinations abonewrittin, his majestie finding to be verie agreable to the trew religion professed within this kingdome and to the godlie and decent governament of the kirk, ministrie and whole members thairof, thairfore his heichnes, with advise and consent of the estaittis of parliament, ratifies, approvis and confirmis all and sindre the premises, and ordanis thame and everie ane of thame tobe obeyit and observed be all his heichnes subjectis as inviolabie lawis in all tyme cuming, annulling and rescinding the 114 act of his majesties parliament haldin in anno 1592 and all and whatsoevir utheris actis of parliament, lawis, ordinances, constitutions, sentences and custumes insafar as they, or ony of thame, or any part of the same, ar contrar or dirogatorie to any of the articles abonewrittin, als essentialie and effectualie in all respectis as gif the saidis acts and consuetuds heirby abrogat wer heirin exprest.

  1. NAS, PA2/18, f.3v-4r. Back
  2. 'that' repeated. Back
  3. APS interpolation, taken from the contemporary printed collection of acts, The xxj parliament of our most high and dread soveraine James ... halden at Edinburgh the xxiij day of October, 1612 (Edinburgh, 1612), p.3. Back