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Item, our sovereign lord, with advice of [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, ratifies and approves the act underwritten made in the parliament held at Edinburgh, 24 August 1560, and of new in this present parliament statutes and ordains the said act to be as a perpetual law to all our sovereign lord's lieges in all times coming, of the which the tenor follows: Item, the three estates, understanding that the jurisdiction and authority of the bishop of Rome, called the pope, used within this realm in times past, has not only been contumelious to the eternal God, but also very hurtful and prejudicial to our sovereign's authority and commonwealth of this realm; therefore have statute and ordained that the bishop of Rome, called the pope, have no jurisdiction nor authority within this realm in any time coming, and that none of our said sovereign's subjects in any times hereafter suit or desire title or right of the said bishop of Rome, or his seat, to anything within this realm under the pains of barratry, that is to say, proscription, banishment and never to enjoy honour, office nor dignity within this realm; and the contraveners hereof to be called before the justice, or his deputes, or before the lords of the session, and punished for that according to the laws of this realm; and the furnishers of them with finance of money and purchasers of their title of right, or maintainers or defenders of them, shall incur the same pains; and that no bishop nor other prelate of this realm use any jurisdiction in time coming by the said bishop of Rome's authority, under the pain aforesaid; and, therefore, of new decrees and ordains the contraveners of the same in any time hereafter to be punished according to the pains in the aforesaid act above-rehearsed.
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Item, our sovereign lord, with advice of [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, ratifies and approves the act underwritten made in the parliament held at Edinburgh, 24 August 1560, and of new in this present parliament statutes and ordains the said act to be as a perpetual law to all our sovereign lord's lieges in all times coming, of the which the tenor follows: The which day, forasmuch as there have been diverse and sundry acts of parliament made in the times of King James I, II, III, IV and V, kings of Scotland for the time, and also in [Mary], our sovereign lady's time, not agreeing with God's holy word, and by those acts diverse persons took occasion to maintain idolatry and superstition within the kirk of God and repressing of such persons as were professors of the said word, through which diverse innocents did suffer; and for eschewing of such inconveniences in time coming, the three estates of parliament have annulled and declared all such acts made in times past not agreeing with God's word, and now contrary to the Confession of Faith, according to the said word published in this parliament, to be of no value, force nor effect; and discern the said acts, and every one of them, to have no effect nor strength in time to come, but the same are to be abolished and extinct forever in so far as any of the aforesaid acts are repugnant and contrary to the Confession of Faith and word of God aforesaid, ratified and approved by the estates in this present parliament; and therefore decrees and ordains the contraveners of the same act in any time hereafter to be punished according to the laws; of the which Confession of the Faith the tenor follows.
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Of God, chapter 1
†We confess and acknowledge one only God, to whom only we must cleave, whom only we must serve, whom only we must worship, and in whom only we must put our trust, who is eternal, infinite, immeasurable, incomprehensible, omnipotent, invisible, one in substance and yet distinct in three persons, the Father, the Son and the Holy Ghost, by whom we confess and believe all things in heaven and earth, both visible as invisible, to have been created, to be retained in their being and to be ruled and guided by his inscrutable providence to such end as his eternal wisdom, goodness and justice has appointed them, to the manifestation of his own glory.
Of the creation of man, chapter 2
We confess and acknowledge this our God to have created man, to wit, our first father Adam, to his own image and similitude, to whom he gave wisdom, lordship, justice, freewill and clear knowledge of himself, so that in the whole nature of man there could be noted no imperfection; from which honour and perfection man and woman did both fall, the woman being deceived by the serpent, and man obeying the voice of the woman, both conspiring against the sovereign majesty of God, who in expressed words had before threatened death if they presumed to eat of the forbidden tree.
Of original sin, chapter 3
†By which transgression, commonly called original sin, was the image of God utterly defaced in man, and he and his posterity of nature became enemies to God, slaves to Satan and servants to sin, in so much that death everlasting has had, and shall have, power and dominion over all that have not been, are not or shall not be regenerated from above; which regeneration is wrought by the power of the Holy Ghost working in the hearts of the elect of God, an assured faith in the promise of God revealed to us in his word, by which faith we apprehend Christ Jesus with the graces and benefits promised in him.
Of the revelation of the promise, chapter 4
†For this we constantly believe that God, after the fearful and horrible defection of man from his obedience, did seek Adam again, call upon him, rebuke his sin, convict him of the same and, in the end, made to him a most joyful promise, to wit, that the seed of the woman should break down the serpent's head; that is, he should destroy the works of the devil, which promise, as it was repeated and made more clear from time to time, so was it embraced with joy and most constantly received of all the faithful, from Adam to Noah, from Noah to Abraham, from Abraham to David, and so forth to the incarnation of Christ Jesus; all (we mean the faithful fathers under the law) did see the joyful days of Christ Jesus and did rejoice.
The continuance, increase and preservation of the kirk, chapter 5
†We most constantly believe that God preserved, instructed, multiplied, honoured, decorated and, from the dead, called to life his kirk in all ages, from Adam until the coming of Christ Jesus in the flesh; for Abraham he called from his father's country, him he instructed, his seed he multiplied, the same he marvellously preserved, and more marvellously delivered from the bondage and tyranny of Pharaoh; to them he gave his laws, constitutions and ceremonies, them he possessed in the land of Canaan; to them after Judges and after Saul he gave David to be king, to whom he made promise, that of the fruit of his loins should one sit for ever upon his regal seat; to this same people, from time to time, he sent prophets to reduce them to the right way of their God, from the which often times they declined by idolatry. And albeit that for their stubborn contempt of justice he was compelled to give them in the hands of their enemies, as before was threatened by the mouth of Moses, in so much that the holy city was destroyed, the temple burnt with fire and the whole land left desolate the space of 70 years, yet of mercy did he reduce them again to Jerusalem, where the city and temple were re-edified, and they, against all temptations and assaults of Satan, did abide, until the Messiah came according to the promise.
Of the incarnation of Christ Jesus, chapter 6
†When the fullness of time came, God sent his son, his eternal wisdom, the substance of his own glory in this world, who took the nature of manhood of the substance of a woman, to wit, of a virgin, and that by operation of the Holy Ghost. And so was born the just seed of David, the angel of the great counsel of God, the very Messiah promised, whom we acknowledge and confess Emmanuel, truly God and truly man, two perfect natures united and joined in one person. By which our confession we condemn the damnable and pestilent heresies of Arius, Marcion, Eutyches, Nestorius and such others as either did deny the eternity of his Godhead, or the verity of his human nature, or confounded them, or yet divided them.
Why it behoved the mediator to be truly God and truly man, chapter 7
We acknowledge and confess that this most wondrous conjunction between the Godhead and the manhood in Christ Jesus did proceed from the eternal and immutable decree of God, from which all our salvation springs and depends.
Election, chapter 8
†For that same eternal God and father, who of mere grace elected us in Christ Jesus his son, before the foundation of the world was laid, appointed him to be our head, our brother, our pastor and great bishop of our souls; but because that the enmity between the justice of God and our sins was such that no flesh by itself could or might have attained to God, it behoved that the son of God should descend to us and take himself a body of our body, flesh of our flesh, and bone of our bones, and so become the perfect mediator between God and man, giving power to so many as believe in him to be the sons of God, as himself does witness, 'I pass up to my father, and unto your father, to my God, and unto your God', by which most holy fraternity whatsoever we have lost in Adam is restored to us again. And for this cause we are not afraid to call God our father, not so much because he has created us (which we have common with the reprobate), as for that that he has given to us his only son to be our brother, and given to us grace to acknowledge and embrace him for our only mediator, as was said before. It behoved further the Messiah and redeemer to be truly God and truly man, because he was to underlie the punishment due for our transgressions, and to present himself in the presence of his father's judgement, as if in our person, to suffer for our transgression and disobedience, by death to overcome him that was author of death. But because the only Godhead could not suffer death, neither yet could the only manhood overcome the same, he joined both together in one person, that the imbecility of the one should suffer and be subject to death (which we had deserved), and the infinite and invincible power of the other, to wit, of the Godhead, should triumph and purchase to us life, liberty and perpetual victory, and so we confess and most undoubtedly believe.
Christ's death, passion, burial, chapter 9
†That our Lord Jesus offered himself a voluntary sacrifice to his father for us; that he suffered contradiction of sinners; that he was wounded and plagued for our transgressions; that he, being the clean innocent lamb of God, was damned in the presence of an earthly judge, that we should be absolved before the tribunal seat of our God; that he suffered not only the cruel death of the cross (which was cursed by the sentence of God), but also that he suffered for a season the wrath of his father, which sinners had deserved. But yet we avow that he remained the only well loved and blessed son of his father, even in the midst of his anguish and torment which he suffered in body and soul, to make the full satisfaction for the sins of the people. After which we confess and avow that there remains no other sacrifice for sin, which if any affirm, we doubt not to avow that they are blasphemous against Christ's death and the everlasting purgation and satisfaction purchased to us by the same.
Resurrection, chapter 10
†We undoubtedly believe that, in so much as it was impossible that the dolours of death should retain in bondage the author of life, that our Lord Jesus crucified, dead and buried, who descended into hell, did rise again for our justification and destruction of him who was the author of death, brought life again to us that were subject to death and to the bondage of the same. We know that his resurrection was confirmed by the testimony of his very enemies, by the resurrection of the dead, whose sepulchres did open and they did rise and appeared to many within the city of Jerusalem. It was also confirmed by the testimony of his angels and by the senses and judgements of his apostles, and of others who had conversation and did eat and drink with him after his resurrection.
Ascension, chapter 11
†We do not doubt that the self same body which was born of the Virgin, was crucified, died and buried, and which did rise again, did ascend into the heavens for the accomplishment of all things, where, in our names, and for our comfort, he has received all power in heaven and earth, where he sits at the right hand of the father, inaugurated in his kingdom, advocate and only mediator for us; which glory, honour and prerogative he alone amongst the brethren shall possess until that all his enemies are made his footstool, as we undoubtedly believe they shall be in the final judgement; to the execution whereof we certainly believe that the same our Lord Jesus shall visibly return as he was seen to ascend. And then we firmly believe that the time of refreshing and restitution of all things shall come in so much that they who from the beginning have suffered violence, injury and wrong, for righteousness' sake, shall inherit that blessed immortality promised from the beginning, but contrarily the stubborn, disobedient, cruel oppressors, filthy persons, adulterers and all sorts of unfaithful persons shall be cast in the dungeon of utter darkness, where their worm shall not die, neither yet their fire shall be extinguished. The remembrance of which day, and of the judgement to be executed in the same, is not only a bridle to us whereby our carnal lusts are refrained, but also such inestimable comfort that neither may the threatening of worldly princes, neither yet the fear of temporal death and present danger, move us to renounce and forsake that blessed society, which we, the members, have with our head and only mediator Christ Jesus, whom we confess and avow to be the promised Messiah, the only head of his kirk, our just lawgiver, our only high priest, advocate and mediator. In which honours and offices, if man or angel presume to intrude themselves, we utterly detest and abhor them as blasphemous to our sovereign and supreme governor Christ Jesus.
Faith in the Holy Ghost, chapter 12
†This our faith, and assurance of the same, proceeds not from flesh and blood, that is to say, from no natural powers within us, but is the inspiration of the Holy Ghost, whom we confess God, equal with the father and with the son, who sanctifies us, and brings us in all truth by his own operation, without whom we should remain for ever enemies to God and ignorant of his son Christ Jesus, for of nature we are so dead, so blind and so perverse, that neither can we feel when we are pricked, see the light when it shines, nor assent to the will of God when it is revealed, unless the spirit of the Lord Jesus quickens that which is dead, removes the darkness from our minds and bows our stubborn hearts to the obedience of his blessed will. And so as we confess that God the father created us when we were not, as his son our Lord Jesus redeemed us when we were enemies to him, so also do we confess that the Holy Ghost does sanctify and regenerate us, irrespective of any merit proceeding from us, be it before or be it after our regeneration. To speak this one thing yet in more plain words, as we willingly spoil ourselves of all honour and glory of our own creation and redemption, so do we also of our regeneration and sanctification; for of ourselves we are not sufficient to think a good thought, but he who has begun the work in us is only he that continues us in the same, to the praise and glory of his undeserved grace.
The cause of good works, chapter 14 †
†So that the cause of good works we confess to be not our freewill, but the spirit of the Lord Jesus, who, dwelling in our hearts by true faith, brings forth such good works as God has prepared for us to walk in. For this we most boldly affirm that it is blasphemy to say that Christ abides in the hearts of such as in whom there is no spirit of sanctification; and therefore we fear not to affirm that murderers, oppressors, cruel persecutors, adulterers, whore-mongers, filthy persons, idolaters, drunkards, thieves and all workers of iniquity have neither true faith, nor any portion of the spirit of sanctification which proceeds from the Lord Jesus, so long as obstinately they continue in their wickedness. For how soon that ever the spirit of the Lord Jesus (which God's elect children receive by true faith) takes possession in the heart of any man, so soon does he regenerate and renew the same man, so that he begins to hate that which before he loved, and begins to love that which before he hated. And from thence comes that continual battle, which is between the flesh and the spirit in God's children, until the flesh and natural man, according to the own corruption, lusts for things pleasing and delectable to the self, and grudges in adversity, is lifted up in prosperity and at every moment is prone and ready to offend the majesty of God. But the spirit of God, which gives witness to our spirit that we are the sons of God, makes us resist the devil, to abhor filthy pleasures and to groan in God's presence for deliverance from this bondage of corruption, and finally, to triumph over sin that it reign not in our mortal bodies. Carnal men do not have this battle, being destitute of God's spirit, who follow and obey sin with greediness and without repentance, even as the devil and their corrupt lusts do prick them. But the sons of God, as was said before, do fight against sin, do sob and mourn when they perceive themselves tempted to iniquity, and if they fall, they rise again with earnest and unfeigned repentance; and these things they do not by their own power but by the power of the Lord Jesus, without whom they were able to do nothing.
What works are reputed good before God, chapter 15
†We confess and acknowledge that God has given to man his holy law, in which not only are forbidden all such works as displease and offend his godly majesty, but also all those that are commanded that please him, and as he has promised to reward. And these works be of two sorts: the one are done to the honour of God, the other to the profit of our neighbours; and both have the revealed will of God for their assurance. To have a God, to worship and honour him, to call upon him in all our troubles, reverence his holy name, to hear his word, to believe the same, to communicate with his holy sacraments, are the works of the first table. To honour father, mother, princes, rulers and superior powers, to love them, to support them, yea, to obey their charges (not repugning to the commandment of God); to save the lives of innocents, to repress tyranny, to defend the oppressed, to keep our bodies clean and holy, to live in soberness and temperance, to deal justly with all men both in word and deed and, finally, to repress all appetite of our neighbours' hurt, are the good works of the second table, which are most pleasing and acceptable to God as those works that are commanded by himself. The contrary whereof is sin most odious, which always displeases him and provokes him to anger; as, not to call upon him alone, when we have need; not to hear his word with reverence; to condemn and despise it; to have or worship idols; to maintain and defend idolatry; to esteem lightly the reverend name of God; to profane, abuse or condemn the sacraments of Christ Jesus; to disobey or resist any person whom God has placed in authority (while they pass not over the bounds of their office); to murder or to consent thereto, to bear hatred, or to suffer innocent blood to be shed, if we may withstand it; and, finally, the transgression of any other commandment in the first or second table, we confess and affirm to be sin, by which God's hate and displeasure is kindled against the proud, unthankful world. So that good works we affirm to be those only that are done in faith and at God's commandment, who, in his law, has expressed what the things are that please him. And evil works we affirm not only those that expressly are done against God's commandment, but those also that in matters of religion and worshipping of God have no other assurance but the invention and opinion of man, which God from the beginning has ever rejected as by the Prophet Isaiah, and by our master Christ Jesus, we are taught in these words 'In vain do they worship me, teaching the doctrines the precepts of men'.
The perfection of the law, and imperfection of man, chapter 16
†The law of God we confess and acknowledge most just, most equal, most holy and most perfect, commanding these things which, being wrought in perfection, were able to give life and able to bring man to eternal felicity. But our nature is so corrupt, so weak and so imperfect that we are never able to fulfil the works of the law in imperfection. Yea, if we say we have no sin, even after we are regenerated, we deceive ourselves, and the truth of God is not in us; and therefore it behoved us to apprehend Christ Jesus with his justice and satisfaction, who is the end and accomplishment of the law to all that believe, by whom we are set at this liberty, that the curse and malediction of God fall not upon us, albeit we fulfil not the same in all points, for God the father beholding us in the body of his son Christ Jesus accepts our imperfect obedience as it were perfect and covers our works, which are defiled with many spots, with the justice of his son. We do not mean that we are so set at liberty that we owe no obedience to the law (for that before we have plainly confessed), but this we affirm, that no man in earth (Christ Jesus only being excepted) has given, gives or shall give in work that obedience to the law which the law requires. But when we have done all things, we must fall down and unfeignedly confess that we are unprofitable servants, and therefore, whoever boasts themselves of the merits of their own works, or puts their trust in the works of supererogation, boasts themselves to be of that which is not and puts their trust in damnable idolatry.
Of the kirk, chapter 17
†As we believe in one God, Father, Son and Holy Ghost, so do we most constantly believe that from the beginning there has been, now is, and to the end of the world shall be one kirk; that is to say, one company and multitude of men chosen of God, who rightly worship and embrace him by true faith in Christ Jesus, who is the only head of the same kirk, which also is the body and spouse of Christ Jesus, which kirk is catholic, that is, universal, because it contains the elect of all ages, of all realms, nations and tongues, be they of the Jews or be they of the gentiles, who have communion and society with God the father and with his son Christ Jesus, through the sanctification of his holy spirit; and therefore is it called the communion, not of profane persons, but of saints, who, as citizens of the heavenly Jerusalem, have the fruition of the most inestimable benefits, to wit, of one God, one Lord Jesus, one faith, and of one baptism, out of which kirk there is neither life nor eternal felicity. And, therefore, we utterly abhor the blasphemy of those that affirm that men which live according to equity and justice shall be saved, what[ever] religion that ever they have professed; for without Christ Jesus there is neither life nor salvation, so shall there be no participants thereof, but such as the father has given to his son Christ Jesus; and they who in time come to him, avow his doctrine and believe into him (we include children with faithful parents). This kirk is invisible, known only to God, who alone knows who he has chosen, and includes as well (as said is) the elect who are departed, commonly called the kirk triumphant, and they that yet live and fight against sin and Satan as shall live hereafter.
The immortality of the souls, chapter 18
†The elect departed are in peace and rest from their labours; not that they sleep and come to a certain oblivion (as some fanatics do affirm), but that they are delivered from all fear and torment and all temptation, to which we and all God's elect are subject in this life, and therefore do bear the name of the kirk militant. As in the contrary, the reprobate and unfaithful departed have anguish, torment and pain that cannot be expressed, so that neither the one nor the other are in such sleep that they feel not joy or torment, as the parable of Christ Jesus in Luke 16, his words to the thief, and the words of the souls crying under the altar, 'O Lord, thou that art righteous and just, how long shall thou not revenge our blood upon those that dwell in the earth?' do testify.
Of the notes by the which the true kirk is discerned from the false, and who shall be judge of the doctrine, chapter 19
†Because Satan from the beginning has laboured to deck his pestilent synagogue with the title of the kirk of God, and has inflamed the hearts of cruel murderers to persecute, trouble and molest the true kirk and members thereof, as Cain did Abel, Ishmael [did] Isaac, Esau [did] Jacob, and the whole priesthood of the Jews [did] Christ Jesus himself and his apostles after him, it is a thing most requisite that the true kirk be discerned from the filthy synagogues by clear and perfect notes, lest we, being deceived, receive and embrace to our own condemnation the one for the other. The notes, signs and assured tokens whereby the immaculate spouse of Christ Jesus is known from the horrible harlot, the kirk malignant, we affirm are neither antiquity, usurped title, lineal descent, place appointed nor multitude of men approving an error, for Cain in age and title was preferred to Abel and Seth, Jerusalem had prerogative above all places of the earth, where also were the priests lineally descended from Aaron, and greater number followed the scribes, Pharisees and priests than unfeigningly believed and approved Christ Jesus and his doctrine. And yet, as we suppose, no man of sound judgement will grant that any of the forenamed were the kirk of God. The notes, therefore, of the true kirk of God, we believe, confess and avow to be: firstly, the true preaching of the word of God, into the which God has revealed himself to us, as the writings of the prophets and apostles do declare; secondly, the right administration of the sacraments of Christ Jesus, which must be annexed to the word and promise of God, to seal and confirm the same in our hearts; lastly, ecclesiastical discipline administered uprightly as God's word prescribes, whereby vice is repressed and virtue nourished. Wherever that these former notes are seen and of any time continue (be the number never so few, above two or three) there, without all doubt, is the true kirk of Christ, who, according to his promise, is in the midst of them; not that universal [kirk], of which we have before spoken, but particular, such as was in Corinth, Galatia, Ephesus and other places, in which the ministry was planted by Paul and were of himself named the kirks of God. And such kirks we, the inhabitants of the realm of Scotland, professors of Christ Jesus, profess ourselves to have reformed in our cities, towns and places; for the doctrine taught in our kirks is contained in the written word of God, to wit, in the books of the Old and New Testaments; in those books we mean of which since ancient times have been reputed canonical, in the which we affirm that all things necessary to be believed for the salvation of mankind is sufficiently expressed; the interpretation whereof we confess neither appertains to private nor public person, neither yet to any kirk for any pre-eminence or prerogative, personally or locally, which one has above another, but appertains to the spirit of God, by the which also the scripture was written. When controversy then happens, for the right understanding of any place or sentence of scripture, or for the reformation of any abuse within the kirk of God, we ought not so much to look what men before us have said or done, as to that which the Holy Ghost uniformly speaks within the body of the scriptures, and to that which Christ Jesus himself did and commanded to be done; for this is a thing universally granted, that the spirit of God, which is the spirit of unity, is in nothing contrary unto himself. If then the interpretation, determination or sentence of any doctor, kirk or council is repugnant to the plain word of God and written in any other place of the scripture, it is a thing most certain that there is not the true understanding and meaning of the Holy Ghost, despite councils, realms and nations having approved and received the same; for we dare not receive nor admit any interpretation which repugns any principle point of our faith, or to any other plain text of scripture, or yet to the rule of charity.
The authority of the scriptures, chapter 20
†As we believe and confess the scriptures of God are sufficient to instruct and make the man of God perfect, so do we affirm and avow the authority of the same to be of God, and neither to depend on men nor angels. We affirm, therefore, that such as allege the scripture to have no other authority but that which it has received from the kirk, to be blasphemous against God and injurious to the true kirk, which always hears and obeys the voice of her own spouse and pastor, but takes not upon her to be mistress over the same.
Of general councils, of their power, authority and cause of their convention, chapter 21
†As we do not rashly damn that which godly men, assembled together in general council, lawfully gathered, have proposed to us, so without just examination we dare not receive whatsoever is obtruded to men under the name of general councils. For it is plain, as they were men, that some of them manifestly erred, and that in matters of great weight and importance. So then as far as the council proves the determination and commandment that it gives by the plain word of God, so far do we reverence and embrace the same. But if men under the name of a council pretend to forge to us new articles of our faith, or to make constitutions repugning to the word of God, then utterly we must refuse the same as the doctrine of devils, which draws our souls from the voice of our only God to follow the doctrines and constitutions of men. The reasons, then, why general councils were convened was neither to make any perpetual law which God had not made before, neither yet to forge new articles of our belief, nor to give the word of God authority, much less to make that to be his word, or yet the true interpretation of the same, which was not his holy will expressed in his word before; but the reason of councils (we mean of such as merit the name of councils) was partly for confutation of heresies and for giving public confession of their faith to the posterity following, which both they did by the authority of God's written word and not by any opinion or prerogative that they could not err, by reason of their general assembly. And this we judge to have been the chief reason for general councils. The other was for good policy and order to be constituted and observed in the kirk, in which (as in the house of God) it becomes all things to be done decently and to order. Not that we think that a policy and an order in ceremonies can be appointed for all ages, times and places, for as ceremonies, such as men have devised, are but temporal, so they may and ought to be changed when they rather foster superstition than edify the kirk using the same.
Of the sacraments, chapter 22
†As the fathers under the law, besides the verity of the sacrifices, had two chief sacraments, to wit, circumcision and the Passover, the despisers and condemners whereof were not reputed for God's people, so do we acknowledge and confess that we, now in the time of the evangel, have only two chief sacraments instituted by the Lord Jesus and commanded to be used of all who will be reputed members of his body, to wit, baptism and the supper or table of the Lord Jesus, called the communion of his body and his blood. And these sacraments, both those of the Old and New Testament, were instituted by God not only to make a visible difference between his people and those who were without his league, but also to exercise the faith of his children and, by participation of the same sacraments, to seal in their hearts the assurance of his promise and of that most blessed conjunction, union and society, which the elect have with their head Christ Jesus. And thus we utterly damn the vanity of those that affirm sacraments to be nothing else but naked and bare signs. No, we assuredly believe that by baptism we are engrafted in Christ Jesus, to be made partakers of his justice, by which our sins are covered and remitted, and also, that in the supper rightly used, Christ Jesus is so joined with us that he becomes the very nourishment and food of our souls. Not that we imagine any transubstantiation of bread in Christ's natural body and of wine in his natural blood, as the papists have perniciously taught and damnably believed, but this union and conjunction, which we have with the body and blood of Christ Jesus in the right use of the sacraments, is wrought by operation of the Holy Ghost, who, by true faith, carries us above all things that are visible, carnal and earthly, and makes us to feed upon the body and blood of Christ Jesus, which was once broken and shed for us, which now is in the heaven, and appears in the presence of his father for us. And yet, notwithstanding the far distance of place which is between his body now glorified in the heaven and us now mortal in this earth, yet we most assuredly believe that the bread which we break is the communion of Christ's body, and the cup which we bless is the communion of his blood, so that we confess and undoubtedly believe that the faithful in the right use of the Lord's table do so eat the body and drink the blood of the Lord Jesus, that he remains in them and they in him. Yea, they are so made flesh of his flesh and bone of his bones, that as the eternal Godhead has given to the flesh of Christ Jesus (which of the own condition and nature was mortal and corruptible) life and immortality, so does Christ Jesus, his flesh and blood eaten and drunk by us, give to us the same prerogatives, which albeit we confess are neither given to us at that time only, nor yet by the proper power and virtue of the sacraments only, yet we affirm that the faithful in the right use of the Lord's table has conjunction with Christ Jesus that the natural man cannot apprehend. Yea, and further, we affirm that albeit the faithful, oppressed by negligence and manly infirmity, do not profit so much as they would in the very instant action of the supper, yet shall it after bring fruit forth as lively seed sown in good ground. For the Holy Spirit, which can never be divided from the right institution of the Lord Jesus, will not frustrate the faithful of the fruit of that mystical action, but all this, we say, comes of true faith, which apprehends Christ Jesus, who only makes his sacraments effectual to us. And, therefore, whoever slanders us, [claiming] that we affirmed or believed sacraments to be naked and bare signs, do injury to us and speak against the manifest truth. But this we liberally and frankly confess, that we make a distinction between Christ Jesus in his eternal substance and between the elements in the sacramental signs, so that we will neither worship the signs in place of that which is signified by them; nor yet do we despise and interpret them as unprofitable and vain, but do use them with all reverence, examining ourselves diligently before we do so, because we are assured by the mouth of the apostle that those who eat of that bread and drink of that cup unworthily are guilty of the body and of the blood of Christ Jesus.
Of the right administration of the sacraments, chapter 23
So that the sacraments are administered correctly, we judge two things requisite: one, that they be administered by lawful ministers, whom we affirm to be only those that are appointed to the preaching of the word, into whose mouths God has put some sermon of exhortation, they being men lawfully chosen thereto by some kirk; the other, that they be administered in such elements and in such a way as God has appointed, else we affirm that they cease to be right sacraments of Christ Jesus. And it is for that reason that we flee the society of the popish kirk in participation of their sacraments: first, because their ministers are no ministers of Christ Jesus, yea (which is more horrible), they suffer women, whom the Holy Ghost will not suffer to teach in the congregation, to baptise; and, secondly, because they have so adulterated both the one sacrament and the other with their own inventions, that no part of Christ's action abides in the original purity, for oil, salt, spittle and such like in baptism are but men's inventions; adoration, veneration, bearing through streets and towns and keeping of bread in boxes or busts are a profanation of Christ's sacraments and no use of the same. For Christ Jesus said, 'Take, eat, etc. Do you this in remembrance of me', by which words and charge he sanctified bread and wine to be the sacrament of his holy body and blood, to the end that the one shall be eaten and that all should drink of the other, and not that they should be kept to be worshipped and honoured as God, as the papists have done heretofore, who also have committed sacrilege in stealing from the people the one part of the sacrament, to wit, the blessed cup. Moreover, so the sacraments be rightly used, it is required that the end and reason why the sacraments were instituted be understood and observed, as well by the minister as by the receivers. For if the opinion be changed in the receiver, the right use ceases, which is most evident by the rejection of the sacrifices; as also if the teacher plainly teaches false doctrine, which were odious and abominable before God (albeit they were his own ordinance), because wicked men use them to another end than God has ordained. The same affirm we of the sacraments in the popish kirk, in which we affirm the whole action of the Lord Jesus to be adulterated, both in the external form and in the end and opinion. What Christ Jesus did and commanded to be done is evident by the evangelists and by Saint Paul. What the priest does at his altar, we need not rehearse. The end and reason of Christ's institution, and why the self same should be used, is expressed in these words: 'Do you this in remembrance of me. As often as you shall eat of this bread and drink of this cup, you shall show forth', (that is, extol, preach, magnify and praise) 'the Lord's death until he comes'. But to what end, and in what opinion, the priests say their mass; let the words of the same, their own doctors and writings, witness, to wit, that they, as mediators between Christ and his kirk, do offer to God the father a sacrifice propitiatory for the sins of the quick and the dead. Which doctrine, as blasphemous to Christ Jesus and making derogation to the sufficiency of his only sacrifice, once offered for purgation of all those who shall be sanctified, we utterly abhor, detest and renounce.
To whom sacraments appertain, chapter 24
We confess and acknowledge that baptism appertains as well to the infants of the faithful as to those who be of age and discretion, and so we damn the error of the Anabaptists, who deny baptism to appertain to children before they have faith and understanding. But the supper of the Lord we confess is to appertain only to those who are of the household of faith and can try and examine themselves, both in their faith and in their duty towards their neighbours. Those who eat and drink at that holy table without faith, or being at dissension and division with their brethren, eat unworthily, and therefore it is that in our kirk our ministers take public and particular examination of the knowledge and conversation of such as are to be admitted to the table of the Lord Jesus.
Of the civil magistrate, chapter 25
We confess and acknowledge empires, kingdoms, dominions and cities to be distinct and ordained by God; the powers and authority in the same, be it of emperors in their empires, of kings in their realms, dukes and princes in their dominions and of other magistrates in free cities, to be God's holy ordinance, ordained for manifestation of his own glory and for the singular profit and commodity of mankind, so that whoever goes about to take away or to confound the whole state of civil policies, now long established, we affirm the same men not only to be enemies to mankind, but also wickedly to fight against God's expressed will. We further confess and acknowledge that such persons as are placed in authority are to be loved, honoured, feared and held in most reverend estimation, because that they are the lieutenants of God, in whose sessions God himself does sit and judge; yea, even the judges and princes themselves to whom by God are given the sword, to the praise and defence of good men and to revenge and punish all open malefactors. Moreover, to kings, princes, rulers and magistrates, we affirm that chiefly and most principally the conservation and purgation of the religion appertains, so that not only are they appointed for civil policy, but also for maintenance of the true religion and for suppressing of idolatry and superstition whatsoever, as in David, Jehoshaphat, Hezekiah, Josiah and others, highly commended for their zeal in that case, may be espied; and therefore, we confess and avow that those who resist the supreme power, doing that thing which appertains to his charge, do resist God's ordinance and, therefore, cannot be guiltless. And further, we affirm that those who deny to them their aid, counsel and comfort whilst the princes and rulers vigilantly travail in execution of their office, that the same men deny their help, support and counsel to God, who, by the presence of his lieutenant, does crave it of them.
The gifts freely given to the kirk, chapter 26
Albeit that the word of God truly preached and the sacraments rightly administered and discipline executed according to the word of God are the certain and infallible signs of the true kirk, we do not mean that every particular person joined with such company be an elect member of Christ Jesus; for we acknowledge and confess that darnel, cockel and chaff may be sown, grow and in great abundance lie in the midst of the wheat, that is, the reprobate may be joined in the society of the elect and may externally use with them the benefits of the word and sacraments without such being but temporal professors in mouth, but not in heart, shall fall back and continue not to the end and, therefore, have they no fruit of Christ's death, resurrection nor ascension. But such as with heart unfeignedly believe and with mouth boldly confess the Lord Jesus, as we have said before, shall most assuredly receive these gifts: firstly, in this life, remission of sins, and that only by faith in Christ's blood, in so much that albeit sin remain and continually abide in these our mortal bodies, yet it is not imputed to us, but is remitted and covered with Christ's justice; secondly, in the general judgement, there shall be given to every man and woman resurrection of the flesh; for the sea shall give her dead, the earth those that therein be enclosed; yea, the eternal, our God, shall stretch out his hand on the dust and the dead shall arise incorruptible, and that in the substance of the self same flesh that every man now bears, to receive according to their works glory or punishment. For such as now delight in vanity, cruelty, filthiness, superstition or idolatry shall be adjudged to the fire unstanchable, in which they shall be tormented forever, both in their own bodies as in their souls, which now they give to serve the devil in all abomination. But such as continue in well doing to the end, boldly professing the Lord Jesus, we constantly believe that they shall receive glory, honour and immortality, to reign forever in life everlasting with Christ Jesus, to whose glorified body all his elect shall be made like when he shall compear again in judgement, and shall render up the kingdom to God his father, who then shall be, and ever shall remain all in all things, God, blessed for ever, to whom, with the Son and with the Holy Ghost, be all honour and glory, now and ever. So be it.
Arise, O Lord, and let thy enemies be confounded. Let them flee from thy presence, they hate thy godly name. Give thy servants strength to speak thy word in boldness, and let all nations cleave to thy true knowledge. Amen.
These acts and articles are read in the face of parliament and ratified by the three estates at Edinburgh, 17 August 1560.
[A1567/12/4]* [print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice of [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, ratifies and approves the act underwritten made in the parliament held at Edinburgh, 24 August 1560, and of new in this present parliament statutes and ordains the said act to be as one perpetual law to all our sovereign lord's lieges in all times to come, of the which the tenor follows: The which day, forasmuch as almighty God, by his most true and blessed word, has declared the reverence and honour which should be given to him, and by his son Jesus Christ has declared the true use of the sacraments, willing the same to be used according to his will and word, by the which it is openly and perfectly known that the sacraments of baptism and of the body and blood of Jesus Christ have been in all times past corrupted by the popish kirk and by their usurped ministers, and presently, notwithstanding the reformation already made according to God's word, yet nonetheless, there is some of the said pope's kirk that stubbornly persevere in their wicked idolatry, saying mass and baptising according to the pope's kirk, profaning through this the sacraments aforesaid in quiet and secret places, thereby neither regarding God nor his holy word; therefore it is statute and ordained in this present parliament that no manner of person or persons, in any time coming, administer any of the sacraments aforesaid, secretly or in any other manner of way, except those that are admitted and have power to that effect; and that no manner of person nor persons say mass, nor yet hear mass, nor be present thereat, under the pain of confiscation of all their goods, moveable and immovable, and punishing of their bodies at the discretion of the magistrate within whose jurisdiction such persons happen to be apprehended, for the first fault, banishment from the realm for the second fault, and justifying to the death for the third fault; and ordains all sheriffs, stewarts, bailies and their deputes, provosts and bailies of burghs and other judges whatsoever within this realm to take diligent suit and inquisition within their bounds where any such usurped ministry is used, the saying of mass or those who are present at the doing thereof, ratifying and approving the same, and take and apprehend them to the effect that the pains above-written may be executed upon them; and therefore of new decrees and ordains the contraveners of the same in any time hereafter to be punished according to the pains of the aforesaid act above-rehearsed.
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Item, forasmuch as the ministers of the blessed evangel of Jesus Christ, whom God of his mercy has now raised up amongst us, or hereafter shall raise, agreeing with them that now live in doctrine and administration of the sacraments, and the people of this realm that profess Christ as he now is offered in his evangel, and do communicate with the holy sacraments (as in the reformed kirks of this realm are publicly administered) according to the Confession of Faith, our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has declared and declares the aforesaid kirk to be the only true and holy kirk of Jesus Christ within this realm; and decrees and declares that all and sundry who either gainsay the word of the evangel, received and approved as the heads of the Confession of Faith professed in parliament of before in the year of God 1560, as also specified in the acts of this parliament, more particularly does express, and now ratified and approved in this present parliament, or that refuse the participation of the holy sacraments as they are now administered, to be no members of the said kirk within this realm now presently professed, so long as they keep themselves so divided from the society of Christ's body.
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Item, it is statute and ordained by our sovereign lord, with advice of [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, that the examination and admission of ministers within this realm be only in power of the kirk, now openly and publicly professed within the same, the presentation of lawful patronages always reserved to the just and ancient patrons and the patron presenting a qualified person within six months (after it may come to their knowledge of the decease of him who enjoyed the benefice of before) to the superintendent of their parts where the benefice lies, or others having commission of the kirk to that effect, otherwise the kirk to have power to convey the same to a qualified person for that time, providing that in case the patron presents a person qualified to his understanding, and failing of one, another within the said six months, and the said superintendent or commissary of the kirk refuses to receive and admit the person presented by the patron as said is, it shall be lawful to the patron to appeal to the superintendent and ministers of that province where the benefice lies and desire the person presented to be admitted; which if they refuse, to appeal to the general assembly of this whole realm, by whom, the cause being decided, shall take end as they decree and declare.
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Item, because that the increase of virtue and suppressing of idolatry craves that the prince and the people be of one perfect religion, which of God's mercy is now presently professed within this realm, therefore it is statute and ordained by our sovereign lord, [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament that all kings and princes or magistrates whatsoever holding their place, which hereafter in any time shall happen to reign and bear rule over this realm, at the time of their coronation and receiving of their princely authority, make their faithful promise by oath in presence of the eternal God that, enduring the whole course of their life, they shall serve the same eternal God to the utmost of their power accordingly as he has required in his most holy word revealed and contained in the New and Old Testaments; and according to the same word, shall maintain the true religion of Jesus Christ, the preaching of his holy word and due and right administration of the sacraments now received and preached within this realm; and shall abolish and gainsay all false religion contrary to the same; and shall rule the people committed to their charge according to the will and command of God, revealed in his aforesaid word and according to the loveable laws and constitutions received in this realm, in no way repugnant to the said word of the eternal God; and shall procure to the utmost of their power to the kirk of God and whole Christian people true and perfect peace in all time coming, the rights and rents, with all just privileges of the crown of Scotland, to preserve and keep inviolated, nor shall they transfer nor alienate the same; they shall forbid and repress in all estates and degrees robbery, oppression and all kind of wrong; in all judgements they shall command and procure that justice and equity be kept to all creatures, without exception, as the Lord and father of all mercies be merciful to them; and out of their lands and empire they shall be careful to root out all heretics and enemies to the true worship of God that shall be convicted by the true kirk of God of the aforesaid crimes; and that they shall faithfully affirm the things above-written by their solemn oath.
[A1567/12/8]* [print] [email] [cite] [preceding] [following]
Item, the king's grace, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, statutes and ordains that no manner of person nor persons be received in any time hereafter to bear public office removable of judgement within this realm, except such as professes the purity of religion and doctrine now presently established; and that none be permitted to procure nor be admitted notary, or created a member of court in any time coming, unless he likewise profess the evangel and religion aforesaid, providing always that this act be in no way extended to any manner of person or persons having their offices heritably or in liferent, but that they may use the same according to their infeftments and dispositions granted to them thereof.
[A1567/12/9]* [print] [email] [cite] [preceding] [following]
Item, because the ministers have been long defrauded of their stipends, so that they are come in great poverty and necessity, and notwithstanding have continued in their vocation without payment of their stipends by a great space, through which they are, and shall be, constrained to leave their vocation unless remedy be provided; therefore, our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has statute and ordained that the whole thirds of the whole benefices of this realm shall now instantly, and in all times to come, first be paid to the ministers of the evangel of Jesus Christ and their successors; and ordains the lords of the session to grant and give letters charging all and sundry intromitters, or those that are indebted in payment of the same, to answer and obey to the said ministers and their collectors to be nominated by the said ministers, with advice of my lord regent, in the appropriate form, notwithstanding any discharge given by [Mary], our sovereign lord's mother, to whatsoever person or persons of the said thirds, or any part thereof, until the kirk comes to the full possession of their proper patrimony, which is the teinds; providing always that the collectors of the said ministers make yearly account in the exchequer of their intromission, so that the ministers may be first answered of their stipends appertaining to every one of them, and the rest and surplus to be applied to our sovereign lord's use.
[A1567/12/10]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as by all laws and constitutions it is provided that the youth be brought up and instructed in the fear of God and good manners, and if it be otherwise, it is deprivation both of their bodies and souls if God's word be not rooted in them; therefore, our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has statute and ordained that all schools, to burgh and land, and all universities and colleges be reformed, and that none be permitted nor admitted to have charge and cure thereof in time coming, nor to instruct the youth privately or openly, except such as shall be tried by the superintendents or visitors of the kirk.
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Item, concerning the article proposed and given in by the kirk to [James Stewart, earl of Moray], my lord regent, and the three estates of this present parliament concerning the jurisdiction justly appertaining to the true kirk and immaculate spouse of Jesus Christ, to be declared and expressed, as the article at more length is conceived, the king's grace, with advice of my lord regent and three estates of this present parliament, has declared and granted jurisdiction to the said kirk, which consists and stands in preaching of the true word of Jesus Christ, correction of manners and administration of holy sacraments, and declares that there is no other face of kirk nor other face of religion than is presently, by the favour of God, established within this realm; and that there be no other jurisdiction ecclesiastical acknowledged within this realm other than that which is, and shall be, within the same kirk, or that which flows therefrom concerning the premises. And further, our sovereign lord, with advice of my lord regent and three estates aforesaid, has given and gives power and commission to Sir James Balfour of Pittendreich, knight, prior of Pittenweem, Mark [Kerr], commendator of Newbattle, John [Maitland], prior of Coldingham, lord privy seal, Master James MacGill of Nether Rankeilour, clerk register, William Maitland, younger, of Lethington, secretary to our sovereign lord, Sir John Bellenden of Auchnoull, knight, justice clerk, John Erskine of Dun, Master John Spottiswood, superintendent of Lothian, John Knox, Master John Craig and Master David Lindsay, ministers of the word of God, to search forth more specially and to consider what other special points or clauses should appertain to the jurisdiction, privilege and authority of the said kirk, and to declare their minds thereupon to my lord regent and three estates of this realm at the next parliament, so that they may take order therein and authorise the same by act of parliament, as shall be found agreeable to the word of God.
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Item, forasmuch as the youth is not only seen to preserve the commonwealth, but also of them must rise such as after this must serve in the kirk of God within this realm and to the commonwealth of the same; and because the poverty of many is in such sort that they may not hold their children at letters, whereby the most part of the youth of this realm wants the gifts and graces of learning requisite to that charge; and, for remedy hereof, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has statute and ordained that all patrons having provostries or prebendaries of colleges, altarages or chaplainries at their gifts and disposition may, in all times coming, at their pleasure present the same to a bursar whom they please to name, to study virtue and letters within a college of any of the universities of this realm, there to remain for such space as the patron aforesaid pleases to hold him at virtue and learning within the aforesaid college, and as shall be agreed upon by the patrons of the said provostries or prebendaries, with the principal and ministers of the college of the university; and after the patron remove that bursar out of the said college, to present another, and so forth, from one to another, to the effect aforesaid, at the patron's pleasure, notwithstanding any foundation or confirmation passed by whatsoever authority in any times bygone, with the which our sovereign lord, my lord regent and three estates of this present parliament dispense, so that the said patrons may convey their provostries and prebendaries to such bursars as they shall think expedient, as often as need be, which shall be no hurt nor prejudice to their patronage, notwithstanding their foundations and confirmations whatsoever, or any provision contained therein. And therefore, our sovereign lord, my lord regent and three estates aforesaid heartily request all patrons of colleges, prebendaries and provostries to grant and convey their provostries and prebendaries to the bursars aforesaid in manner above-specified, so that letters may be authorised and the youth sufficiently brought up in virtue and learning, to the glory of God and comfort of the commonwealth of this realm.
[A1567/12/13]* [print] [email] [cite] [preceding] [following]
Item, it is statute and ordained by our sovereign lord, with advice and consent of [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, that if any person or persons within this realm, to burgh or to land, shall commit the filthy vice of fornication and are convicted thereof, that the committers thereof shall be punished in manner following: that is to say, for the first fault, as well the man as the woman, shall pay the sum of £40, or then both he and she shall be imprisoned for the space of eight days, their food to be bread and small drink, and thereafter presented to the market place of the town or parish bareheaded, and there stand fastened, that they may not remove for the space of two hours, as from 10 o'clock to 12 o'clock at noon; for the second fault, being convicted, they shall pay the sum of 100 merks, or then the forenamed days of their imprisonment shall be doubled, their food to be bread and water only, and in the end to be presented to the said market place and both the heads of the man and the woman to be shaved; and for the third fault, being convicted thereof, shall pay £100, or else their above imprisonment to be tripled, their food to be bread and water only, and in the end to be taken to the deepest and foulest pool or water of the town or parish, there to be thrice ducked, and thereafter banished from the said town or parish for ever; and from thenceforth, how often that ever they be convicted of the aforesaid vice of fornication, that so often the said third penalty be executed upon them, and that the provost and bailies of each burgh, the justice general and his deputes, or such others persons as it shall please our said sovereign lord to give commission to, be judges to the persons suspected and accused of fornication, and, being convicted, that they shall list and take up the above-written pecuniary pains of the persons responsible and rather willing to pay the same than to be demeaned in their persons; and that the said corporal pains of imprisoning, banishing and others above-specified be executed upon all such persons as either refuses to pay the pecuniary pains or that are not responsible to pay the same; and that the same pecuniary pains which shall happen to be received be surely kept in a closed box and be converted for pious uses in those parts where the crime is committed, as it shall please our said sovereign and his dearest regent to command; and the receivers of the said pains to be ready to give account thereof whenever they shall be required thereto.
[A1567/12/14]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as the abominable, vile and filthy lust of incest is so abominable in the presence of God, and that the same eternal God, by his express word, has condemned the same, and yet nonetheless the said vice is so used within this realm, and the word of God is in such sort condemned by the users thereof, that God by his just judgements has occasion to plague the realm where the said vice is committed (unless God, of his mercy, being more gracious, and remedy being provided, that the said vice cease in time coming); therefore, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, statutes and ordains that whatsoever person or persons, committers of the said abominable crime of incest, that is to say, whatsoever person or persons they be that abuses their body with such persons in degree, as God's word has expressly forbidden, in any time coming, as is contained in the 18th chapter of Leviticus, shall be punished to the death.
[A1567/12/15]* [print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has statute and ordained that the holy bond of marriage made by all estates and sorts of man and woman to be as lawful and as free as the law of God has permitted the same to be done, without exception of person or persons; and has declared and declares that seconds in degrees of consanguinity and affinity, and all degrees outwith the same contained in the word of the eternal God and that are not repugnant to the said word, might and may lawfully marry at all times since 8 March 1558 [1559], notwithstanding any law, statute or constitutions made in the contrary; and ratifies and approves all the said marriages done since the said day and the bairns procreated, or to be procreated, in such marriage to be as lawful, as well toward their succession to lands, heritages or any other liberties as any bairns procreated in marriage, and to be reputed and esteemed in all time to come lawfully procreated in lawful marriage, notwithstanding any laws, statutes, constitutions or acts made, or to be made, in the contrary.
[A1567/12/16]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as there have been diverse acts and statutes made of before that no manner of person nor persons should shoot with culverins, crossbow or hand-bow at any time at female deer, roe deer, harts, hinds, hares, rabbits, doves, heron or river fowl under special pains contained in the said acts and statutes, and notwithstanding the same and that no execution has followed of before upon the persons contraveners of the said acts, they are so lightly esteemed that the said beasts and fowl are at all times slain down and destroyed by such persons that neither have regard to the common welfare nor policy of the country; therefore, it is statute and ordained by our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this realm, that whatsoever person or persons of what estate, degree or condition that ever they be of, that if they, in any times coming, shoot with culverin, crossbow or hand-bow at female deer, roe deer, harts, hinds, hares, rabbits, doves, heron or river fowl within this realm, shall forfeit and lose their whole moveable goods, the one half thereof to our sovereign lord's use and the other half to be applied to the judge and apprehender of him that commits the crime, to be divided equally between them; and to that effect, ordains all sheriffs, stewarts, bailies of regality and all other ordinary judges, with such others as shall please our sovereign lord and his regent to give power and commission to, to call the contraveners of this present act at particular diets, and if they be convicted of the crime, to escheat all their moveable goods, to be applied in manner aforesaid; and if the committer of the crime be a vagabond not having goods, that the judge whom before he is convicted keep and hold him in prison for the space of forty days, and that for the first fault; and the next fault to cut off his right hand.
[A1567/12/17]* [print] [email] [cite] [preceding] [following]
Item, concerning the act made in parliament held at Edinburgh, 15 December 1564, wherein it was declared by act and authorised by our sovereign lord's dearest mother in the aforesaid parliament, declaring and finding her grace and her predecessors and posterity, princes of this realm, to have been and to be at the lawful and perfect age of 21 years complete. Nonetheless the said act being printed, the printer thereof has negligently omitted the form of act of parliament; therefore, our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has found the fault in the printer of the said act, and therefore ordains the same to be of new printed according to the principal act in the register of the said parliament held the day and year above-written, of the which the tenor follows: Concerning the article proposed to the queen's majesty and three estates of parliament, making mention of an act of parliament made by King James II of good memory, of the date 20 March 1437 [1438], and of another act made by King James IV in his revocation, making mention of 21 years of age, of the date 15 February 1489 [1490], as the said acts respectively at more length purport; desiring, therefore, our sovereign lady and three estates of this present parliament to declare the said acts and other acts following concerning the lawful and perfect age of the prince, if it be at 21 years complete; who have declared and declare that the queen's majesty's predecessors, kings of this realm, were by the said acts of lawful and perfect age at 21 years complete, likewise her highness, being of 21 years of age complete, is of perfect and lawful age, so that her highness, her predecessors and successors after the said age of 21 years complete might have done, and may do, all things that thereafter a prince of lawful and perfect age might have done, or may do, of the law.
[A1567/12/18]*[print] [email] [cite] [preceding] [following]
Item, concerning the article proposed by the earls, lords and other noblemen who took arms at Carberry Hill on 15 June 1567, and concerning their convening of before and of the cause of the apprehension of the queen, mother to our sovereign lord, and whether the said noblemen and others who took arms of before her said apprehension and who joined with them and assisted them at that time, or in any way since, have done the duty of noblemen, good and true subjects of this realm, and in no way offended nor transgressed the laws in that effect, or anything depending thereupon, either preceding or following the same; our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates and whole body of this present parliament, has found, declared and concluded and, by this present act, finds, declares and concludes that the cause and occasion of the conventions and messages of the said earls, lords, noblemen, barons and other faithful and true subjects, and consequently their taking of arms and coming to the fields with open and displayed banners, and the cause and occasion of the taking of the said queen's person on the said 15 June 1567, and holding and detaining her within the houses and fortalice of Lochleven, continually, since, presently and in all time coming, and generally all other things plotted, spoken, written or done by them, or any of them to that effect, since 10 February 1567, upon the which day the late Henry [Stewart, lord Darnley], king, then the said queen's lawful husband and our sovereign lord the king's dearest father, was treasonably, shamefully and horribly murdered, to the day and date of this present act and in all times to come, touching the said queen and detaining of her person, that the cause and all things depending thereon, or that in any way may pertain thereto, the intromission or disposing upon her property, casualties or whatsoever thing pertaining, or that in any way might pertain to her, was in the said queen's own default, in so far as by diverse of her privy letters, written wholly with her own hand and sent by her to James [Hepburn], sometime earl of Bothwell, chief executor of the said horrible murder, as well before the committing thereof as thereafter, and by her ungodly and dishonourable proceeding to a pretended marriage with him, suddenly and imprudently thereafter, it is most certain that she was privy, art and part of the actual devising and deed of the forenamed murder of the king, her lawful husband and father to our sovereign lord, committed by the said James, sometime earl of Bothwell, his accomplices and partakers and, therefore, justly deserves whatsoever has been done to her in any time past, or that shall be used towards her for the said cause in time coming, which shall be used by advice of the nobility, in respect that our said sovereign lord's mother, with the said James, sometime earl of Bothwell, lied about by indirect and coloured means to colour and hold back the knowledge of the truth of the committers of the said crime, yet all men in their hearts were fully persuaded of the authors and devisers of that mischievous and unworthy fact, awaiting until God should move the hearts of some to enter in the quarrel for revenging of the same; and, in the meantime, a great part of the nobility, upon just fear to be handled and demeaned in semblable manner as the king had been of before, perceiving also the queen so enthralled and so blindly affectionate to the private appetite of that tyrant, and that both he and she had conspired together such horrible cruelty, being therewith all garnished with a company of ungodly and vicious persons, ready to accomplish all their unlawful commandments, of whom he had a sufficient number continually awaiting upon him for the same effect, all noble and virtuous men abhorring their tyranny and company, but chiefly suspecting that they, who had so treasonably put down and destroyed the father, should make the innocent prince, his only son, and the principal and almost only comfort sent by God to this afflicted nation, to taste of the same cup (as the many invented purposes to pass where he was, and also where the noblemen were in), by their open confusion, gave sufficient warning and declaration, through which, the said earls, lords, barons and other faithful and true subjects taking arms, or otherwise whatsoever joining and assisting in the said action, and in the said conventions, displaying banners and coming to the fields, taking and retaining of the queen's person, as well in times past as hereafter, and all others that have thereafter, or shall in any time coming, adjoin to them, and all things done by them, or any of them, touching that cause, and all other things depending thereon, or that in any way may appertain thereto, the intromission or disposing upon her property or casualties, or whatsoever other things pertaining, or in any way might appertain to her, was in default of her self and the said James, sometime earl of Bothwell, and by the horrible and cruel murder of our said sovereign lord's late dearest father, conspired, devised, committed, concealed and coloured by them and not condignly punished according to the laws; and that the said earls, lords, barons and other true and faithful subjects convening at any convention bygone and now presently after the said murder, for furthering of the trial thereof; and also they, and all others that were on the fields, took arms, apprehended, held, kept or detained, or presently holds, keeps or detains her person, or shall thereafter, or that has joined or assisted or shall in any time hereafter join to them in that quarrel touching the premises, are, were and shall be innocent, free and acquitted of the same, and of all action and cause, criminal and civil, that may be intended or pursued against them, or any of them therefore in any time coming; and that a part of the three estates aforesaid, prelates, bishops, great barons and burgesses gave their seals thereupon to be used as shall be thought most expedient by them for the honour of the realm and security of the noblemen and others having interest in the said cause; and decrees this declaration to be in no way prejudicial to the issue of our sovereign lord's mother, lawfully coming of her body, to succeed to the crown of this realm, nor their heirs.
[A1567/12/19]* [print] [email] [cite] [preceding] [following]
Concerning the supplication given in by William Douglas of Lochleven, bearing that [James Douglas], earl of Morton, [John Stewart, earl of] Atholl, [John Erskine, earl of] Mar, [Alexander Cunningham, earl of] Glencairn, the lords [William Ruthven, lord] Ruthven, [Alexander Home, lord] Home, [Patrick Lindsay, lord] Lindsay [of the Byres], [Robert Sempill, lord] Sempill and diverse other honourable barons and gentlemen of this realm on 16 June 1567, by their letters subscribed with their hands, gave command to the said William Douglas, upon his due obedience and as he tenders the common welfare of this realm, his native country, to receive our sovereign lord's mother in keeping within his fortalice and place of Lochleven, as being a place most convenient thereto, and keep her surely therein until further trial be taken concerning the cruel murder and treasonable slaughter of the late Henry [Stewart, lord Darnley], king, spouse to the queen, then our sovereign, and the said William sufficiently exonerated and discharged of her said keeping, as the letters and charge directed by the said earls, lords and noblemen shown in presence of [James Stewart, earl of Moray], my lord regent, and three estates of this realm bear; and therefore desiring our sovereign lord, my lord regent and three estates of this present parliament to give declarator to the said William Douglas of Lochleven that he has done his dutiful diligence in receiving and keeping of our said sovereign lord's dearest mother, and through this, he and his heirs may be free of all action and crime that may be imputed to them thereby, and of any other thing done to her since her coming to the said place and fortalice in respect of her own declaration shown and produced in presence of my said lord regent and whole estates of this present parliament, as the said supplication, writings and charges directed thereupon shown and produced as said is bear. Our sovereign lord, with advice of the said lord regent and three estates and whole body of this present parliament, declares the said letters and charges directed to the said William Douglas of Lochleven in manner above-written, to be duly and reasonably directed and proceeded upon a just, true and sincere ground and, therefore, by judgement of this present parliament, authorises and declares the same to have been duly, well orderly and justly directed upon good causes and considerations. Likewise also our sovereign lord, with advice of my lord regent and three estates of parliament aforesaid, authorises and declares the writings and declaration made by our said sovereign lord's dearest mother on 28 July 1567, declaring that she in no way was treated nor compelled by the said William Douglas of Lochleven, nor any others of his causing, to do anything contrary to her pleasure since her coming to the said place of Lochleven, and therefore ordains the said letters, charges and other writings above-written to be inserted and registered in the books of parliament, to remain therein perpetually for declaration of the said William Douglas's true and just obedience in the said matter; and declares he has done his dutiful duty in complying with, obeying and fulfilling the command and charge above-written, and declares that he, his heirs, successors and posterity are to be harmless and unharmed thereupon for now and ever; and discharges all action and cause, criminal and civil, that may be intended or pursued against them or him for the same, for now and ever, by this present act.
[A1567/12/20]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as the ordering of the mint-house and forging of money within this realm is a matter of great importance to the whole lieges thereof, as may appear by diverse acts made in our sovereign lord's predecessors' parliaments of before, and seeing the great necessity now required for having of good and sufficient coin within the realm, seeing the good silver, such as testoons and other old silver, is utterly smelted and destroyed, so that the ounce of silver is at double price that it is accustomed to be at within these late days, through which the realm is utterly impoverished by evil coin; therefore, it is declared in this present parliament that our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, may cause print and coin gold and silver of such fine as other countries do, to pass within this realm to the lieges of the same; and that no print nor coin of any alloyed money be made or coined in any time coming, except by advice of the three estates of parliament. And likewise our sovereign lord, with advice of my lord regent and three estates aforesaid, ordains that no manner of gold nor silver already coined within this realm be smelted nor broken down in the mint-house, or otherwise in any time hereafter, under the pain of confiscation of the half of the goods of the owner and smelter for the first fault, and if the smelter be not responsible, to punish his person at the discretion of the justice; and the second fault, confiscation of their whole goods.
[A1567/12/21]* [print] [email] [cite] [preceding] [following]
Item, concerning the petition proposed by the senators of the college of justice, bearing that there are diverse persons that have pursued actions before them for reduction of infeftments which are confirmed by our sovereign lord's predecessors, which are granted and confirmed in parliament; and, against the same, it is alleged that the said senators are in no way competent judges to the reduction of any such infeftment, therefore the said senators have referred the declaration whether they be competent judges to any such reduction or not to our sovereign and three estates of parliament; and therefore, desiring the judgement and declaration of this present parliament what they shall do thereupon. Our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, declares the said senators of the college of justice to be competent judges to the reduction of all such infeftments as said is, notwithstanding whatsoever confirmation or grant of parliament passed thereupon.
[A1567/12/22]*[print] [email] [cite] [preceding] [following]
Item, forasmuch as the use of culverins, dags, pistols and such other firearms are not only by the loveable constitutions of this realm in slaying of wild beasts and fowls forbidden, but also diverse our sovereign lord's lieges are shamefully and cruelly murdered, slain and hurt, which otherwise were able to make defence sufficiently for themselves at all times of pursuit, as has been lately seen within this burgh of Edinburgh; and for eschewing and remedy thereof in time coming, it is statute and ordained by our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, that no manner of person nor persons of whatsoever estate, degree or condition they be of shoot with culverins, dags, pistols or any other guns or firearms in any part of this realm, neither to burgh nor to land (except such as for pastime will shoot within their inner close and yard adjacent thereto, and mariners and such as frequent the seas, being actually upon the same, for defence of their bodies and goods), under the pain of cutting off their right hand; and likewise that no manner of person nor persons of whatsoever estate, condition or degree they be of bear, wear or use any culverins, dags, pistols or any other such firearm upon their persons or in their company with them, privately or openly, outwith houses without licence of our sovereign lord and my lord regent had and obtained thereupon, under the pain aforesaid; providing always that the captains and men of war serving our sovereign lord and his regent aforesaid actually in his highness's wages, nor yet the lieges of this realm, as well in regality as royalty, at wappenschawing, nor the provost, bailies and inhabitants of the burgh of Edinburgh, or other burghs of this realm, charged by our sovereign lord's authority, to assemblies, wappenschawing and conventions for setting forth of his highness's service and affairs in the time thereof, nor yet none of our sovereign lord's lieges in their coming, remaining or departing to and from any hosts, wars, armies, raids, wappenschawings or assemblies, being specially and expressly commanded and charged to that effect by his highness's letters and authority, wardens' meeting, at days of truce and likewise those that are following thieves in defence of stealing of loyal men's goods, and in recourse thereof, shall not be apprehended under this present act.
[A1567/12/23]* [print] [email] [cite] [preceding] [following]
Item, forasmuch for the abolishing of the great quantity of false coin, with which the commonwealth of this realm is greatly troubled, to the heavy damage and hurt of the whole lieges thereof, therefore it is devised, statute and ordained by our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, that certain men of judgement, having understanding of coin, be chosen and elected within every burgh of this realm; who, being sworn thereto, all sums of money shall be delivered in their presence, and wherever they apprehend or find any false money, to clip the same, and the deliverer to lose the said false money and the clipper to have 1d of each £1 for his labours off the receiver of the money which shall be received; and to that effect, ordains the provost and bailies and all other officers of burghs to make sufficient clip houses in such places of their burgh as shall be sufficient for the premises, and the persons whereto they commit that charge that they be able to answer for their office in that behalf.
[A1567/12/24]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as there are diverse and sundry articles presented and given in by diverse lieges and subjects of this realm to our sovereign lord, [James Stewart, earl of Moray], my lord regent, the lords of the articles and estates of this realm, and especially an article of James [Sandilands], lord of St John concerning the confirmation of his privileges; an article concerning the act of adultery; an article of the learned men of this realm desiring letters to flourish; an article touching ejection and plunder; an article concerning reduction of decreets for the causes contained in the first libel; an article concerning warrants in redemption of lands; an article for punishment of those that wilfully pass to the horn and lie thereat; an article for those that pass to the horn for liquidated sums; an article for those that pass to the horn and enter in the girth; an article for those that put their sons or friends in their lands or make assignations of their goods in defraud of the execution of decreets; an article for superiors that give private sasines after the decease of their vassals in defraud of the heir of the said vassals; an article concerning dearth of victual and livestock; an article for export of fish out of the realm; an article for choosing of commissaries in every shire to keep order amongst craftsmen; an article for slaughter; an article for assythment of party; an article for thieves taken robbing; an article for slaughter of veal and lamb and for passing out of the country, and bringing in of wine, iron, tar, lint and dye, and also concerning the merchants that raise the price of gear that it was first sold for after the importation; an article for confirmation of the gifts of annualrents and chaplainries to burghs; an article of the burgh of Cupar concerning the down-taking of their customs, as in the articles given in thereupon at more length is contained. Our sovereign lord, with advice of my lord regent and three estates of this present parliament, has given and gives power and commission to the lords of the articles underwritten: that is to say, Alexander [Gordon], bishop of Galloway, Adam [Bothwell], bishop of Orkney, Robert [Pitcairn], commendator of Dunfermline, Mark [Kerr], commendator of Newbattle, John [Hay], commendator of Balmerino and Sir James Balfour, prior of Pittenweem, for the spiritual estate; George [Gordon], earl of Huntly, Archibald [Campbell], earl of Argyll, John [Stewart], earl of Atholl, John [Erskine], earl of Mar, Alexander [Cunningham], earl of Glencairn and Patrick [Lindsay], lord Lindsay of the Byres, for the barons; Sir Simon Preston of that Ilk, knight, provost of Edinburgh, Master James Haliburton, tutor of Pitcur, provost of Dundee, William [Ruthven], lord Ruthven, provost of Perth, John Erskine of Dun, provost of Montrose, Thomas Menzies of Pitfodels, provost of Aberdeen, and Patrick Learmonth of Dairsie, knight, provost of St Andrews, for the commissioners of burghs; or any four of every one of the estates above-written, with our sovereign lord's officers underwritten: that is to say, [James Douglas, earl of Morton], chancellor, [Robert Richardson, commendator of St Mary's Isle], treasurer, [Sir William Murray of Tullibardine], comptroller, [John Maitland, commendator of Coldingham], lord privy seal, [Mr James MacGill of Nether Rankeilour], clerk register, [Sir John Bellenden of Auchnoull], justice clerk, and [Robert Crichton of Eliock or John Spence of Condie], advocate, with such other senators of the college of justice as they please name to concur with them; which persons shall view and consider the said articles and take order what they think best to be done therein for the common benefit of this realm and lieges thereof, and as they think best to be done, to declare the same to our sovereign lord, my lord regent and three estates of this realm in the next parliament, to the effect that they may make such laws and constitutions thereupon according to equity and justice and reason.
[A1567/12/25]* [print] [email] [cite] [preceding] [following]
Item, it is found, declared, statute and ordained by our sovereign lord, [James Stewart, earl of Moray], my lord regent's grace, and three estates of this present parliament that all gifts and provisions of benefices elective, pensions or others whatsoever, given and conveyed under the privy seal and great seal by the queen's grace, our sovereign lord's mother, in her reign since the parliament held in 1560 until the coronation of our said sovereign lord, were, are and in all time coming shall be to the possessors, by virtue thereof, lawful, full and perfect titles and rights, and as viable in all respects, wherever they be produced, as if the said provisions and gifts had passed upon supplications directed to the court of Rome and bulls passed thereupon in most ample form, providing that this present act be not prejudicial to the act of secret council granted in favour of the ministers concerning the giving to them of all benefices within yearly rent of 300 merks since the date of the said act, nor yet be prejudicial to lawful patronages.
[A1567/12/26]* [print] [email] [cite] [preceding] [following]
Item, concerning the article proposed by the barons, freeholders and inhabitants of the sheriffdom of Selkirk, Roxburgh, Lanark, Peebles, Dumfries, Edinburgh and other inhabitants of the remaining shires of this realm, bearing that it is not unknown of the continual theft, robbery and oppression committed and done within the bounds of the said sheriffdoms by thieves, traitors and other ungodly persons, having neither fear of God nor man, and especially in these troubles by resetters, fortifiers and maintainers of the said evil-given persons amongst the inhabitants and indwellers of the said sheriffdoms respectively, within diverse parts of the same, which is the chief cause and fortification of the said theft; and likewise that the thieves and broken men, inhabitants of the said sheriffdoms and other bounds of the marches of this realm facing the parts of England, not only commit daily thefts, robberies, plundering, murders and fire-raising upon the peaceable subjects of the country, but also take sundry of them, detain them in captivity as prisoners, ransom them, or let them to burghs for their entry again; and in like manner, diverse subjects of the inland take and sit under their assurance, paying them blackmail and permitting them to rob, harry and oppress their neighbours with their knowledge and in their fight without resistance or contradiction. For eschewing and stopping of the which inconveniences aforesaid, it is statute and ordained by our sovereign lord, [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, that whatsoever person or persons reset, fortify, maintain or give meat, harbour or assistance to any thieves in their thievish stealing and deeds, either in their coming thereto or passing therefrom at any time coming, or communicate or keep tryst with them to that effect in any manner of way without licence of the keeper of the country where the thief remains had thereto, to the effect it may be known for what purpose they communicated with the said thieves within 48 hours after, or before the committing of the said crime, that the resetter, fortifier, maintainer, assister, meat-giver and communicator with such persons shall be called for that at particular diets criminally as art and part of their thievish deeds, or otherwise civilly at the instance of the party offended upon 15 days' warning only, without diet or table; and also that the sheriffs of all shires, stewarts, bailies of regality and their deputes, and all other judges ordinary at every head court, put the said matters to the inquisition of an assize of the country at the desire and complaint of the party, and as is found, to report the same to the justice, justice clerk and their deputes within 15 days next after the matter be tried, so that this present act and statute may be put into execution upon them as the said sheriffs, stewarts, bailies of regality and judges ordinary aforesaid will answer to our sovereign lord and his dearest regent upon the execution of their office. And also for eschewing of the said great, continual and odious crimes and offences, and pacifying of the lieges in all parts oppressed within this realm, and for the common welfare thereof, it is statute and ordained that no thief take any Scotsman at any time hereafter under the pain of treason and lese-majesty, and that none of our sovereign lord's true and faithful lieges which have been taken by the said thieves and broken men shall be held to enter to them, notwithstanding any bond given for their entry, discharging them and their sureties simply in that behalf; and if any of the said thieves call or charge the principal men taken by them or their surety for their interest for payment of the pains contained in the bonds, or any part thereof, by ransom or bond not paid to the said thieves, either bygone or in time coming, they shall (by the doing of the same) incur and underlie the pains of treason and lese-majesty aforesaid; and also that our said sovereign lord's faithful and obedient subjects, which hereafter shall happen to take and apprehend any of the said thieves in their passing to commit theft, or in the actual doing thereof, or in their returning from there, in no way let them to liberty and freedom, but present them before the justice and his deputes in the tolbooth of Edinburgh within 15 days after their apprehension, if their takers (having power) sentence them not to death themselves; and also that none take assurance or sit under assurance of the said thieves, or pay them blackmail, or give them meat, drink, reset, maintenance or supply in their thievish deeds in time coming, under the pain of death and confiscation of all their goods moveable; and in like manner, when any thieves resort in stealing or reiving within the country, that all our sovereign lord's lieges dwelling in the bounds where they resort rise, cry, raise the fray and follow them, as well in their coming as passing out on horse and suit for riding and recovering of the goods stolen and reft, and apprehending of their persons to be brought to justice, and concur with the owners of the goods and other followers to that effect, under the pain to be held partakers of the said theft; and whosoever is suspected or accused to do in the contrary, that the justice clerk grant letters at the instance of any party for calling of them to underlie the law for that at a particular diet complaining upon the premises, or any point thereof, or accuse them for the same at general justice ayres, executing the pains contained in this present act against the contraveners thereof without favour or delay; and if it shall happen any open notorious thief to resort or come to any manner of person's house, it shall be lawful to the owner of the said house to take and apprehend that thief without reproach or dishonour, and bring him to the justice to be punished according to the laws.
[A1567/12/27]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as albeit there were diverse acts and ordinances made of before inhibiting the carrying of any horse out of this realm, yet these two years bygone diverse persons, partly under pretence of privileges and licences, and partly without any leave, have transported horses out of this country to Bordeaux and other parts beyond sea, and made a common trade and market thereof, to the great hurt of the commonwealth and raising of dearth of horse, if remedy be not provided; therefore, it is statute and ordained by the king's grace, with advice of [James Stewart, earl of Moray], his dearest regent, and three estates of parliament, that none of the lieges of this realm take upon hand, privately or openly, to carry or transport out of the same by sea any manner of horse in time coming; and likewise that no skippers and masters of ships, indwellers of this realm or strangers, receive within their ships any horse to be transported to other countries, under the pain of confiscation of the horses, ships and remaining goods moveable of the transporters and punishing of their persons at the king's majesty's will and his said regent's.
[A1567/12/28]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as the lords of council and session have been in use in times past to rise on 31 July and not to sit down for administration of justice until 12 November thereafter, and to have vacation at Christmas, Fastings Eve,† Easter and Whitsunday [May/June]; and true it is that the month of July is the month of all the year most dangerous and men ablest to contract sickness therein, especially they being in burghs, towns not well aired, and also that is the time of scantiest victuals and greatest dearth within the realm, and also is the time that gentlemen and others have most ado concerning their own affairs; therefore it is statute and ordained by our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, that the lords of council and session in all times coming shall rise on 10 July and have vacation until 20 October exclusive, upon the which 20 October they shall sit down and sit daily, except upon the Sunday, until 20 December inclusive, and then rise and have vacation until 7 January exclusive, upon the which 7 January they shall sit down and sit daily, except the Sunday, without any vacation at Fastings Eve until Palm Sunday Eve inclusive, and then to rise and have vacation until the next Monday after Low Sunday† exclusive, upon the which Monday they shall sit down and sit daily, except on the Sunday, without any vacation at Whitsunday, until the said 10 July; and so the said lords of council and session to proceed and administer justice to all our sovereign lord's lieges daily in time coming, in manner before specified.
[A1567/12/29]* [print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, has statute and ordained that, in all times coming, no gift of escheat pass with this clause following: 'or when it shall happen the offender to be denounced rebel and put to the horn', but that the horning be executed before the gift of escheat be conveyed, otherwise the gift of escheat to be of no effect.
[A1567/12/30]* [print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has ratified and ratifies all civil privileges granted and given by our sovereign lord's predecessors to the spiritual estate of this realm in all points, after the form and tenor thereof.
[A1567/12/31]* [print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, has ratified and approved all privileges and liberties granted and given to the nobility and barons of this realm, and acts of parliament made in their favour; and ordains the same to be put into execution in all points, after the form and tenor thereof.
[A1567/12/32]* [print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has ratified and approved and, by this act, ratifies and approves all acts and constitutions of parliament made by whatsoever our sovereign lord's predecessors of before in favour of the burghs and burgesses of this realm and inhabitants of the same, with all privileges, freedoms, immunities and liberties granted and given to them, and every one of them, in any time past; and decrees and declares the same to have full strength, force and effect in all times hereafter, so that the same may be put to full and due execution in all points, and to stand as a perpetual law to them and their successors.
[A1567/12/33]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as the great hurt done of before within burgh by giving of sasines privately without a bailie and a common clerk of burgh, through which our sovereign lord's lieges may be greatly defrauded, therefore it is statute and ordained by our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, that no sasine be given within burgh of any manner of land or tenement within the same in any time coming, except by one of the bailies of the burgh and the common clerk thereof; and if any sasine is otherwise given hereafter, to be null and of no value, force nor effect.
[A1567/12/34]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as there has been of before diverse large and sumptuous expenses made by our sovereign lord's predecessors and himself in keeping, fortifying and reparation of the castle of Dunbar and fort of Inchkeith, which are both unprofitable to the realm and not able to defend the enemies thereof, in case the same were assaulted, and now, seeing that the said castle and fort are both become so ruinous that the same shall utterly decay, unless there be such expenses made thereupon as is unable to be performed without great inconveniences; and also, having consideration of an act of parliament made in our sovereign lord's late great-grandfather's time King James IV, of most worthy memory, ordaining the said castle of Dunbar to be demolished and cast down, as in the act made thereupon at more length is contained, which act as yet is not abrogated; therefore our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has ordained and ordains that the castle of Dunbar and fort of Inchkeith be demolished and cast down utterly to the ground and destroyed in such a way that no foundation thereof be the occasion to build thereupon in time coming.
[A1567/12/35]* [print] [email] [cite] [preceding] [following]
Item, concerning the article proposed by the commissaries of Edinburgh, bearing that there are diverse and sundry beneficial actions depending before them upon the right and property of the benefices, wherein the one party has their provision of the gift of [Mary], the queen, and the other of the ordinary, partly by demission in his hands, partly by collation as vacant, and some given by the ordinary, with the queen's confirmation thereupon, and that since the reformation of the religion; and, therefore, desiring the determination to be given to them which of the gifts shall have place in time bygone since the said reformation, as also in time coming. Our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has decreed and declared, and decrees and declares, that the said commissaries shall at all times proceed and administer justice in the said causes by virtue of all gifts and dispositions granted and given by our sovereign lord's dearest mother since the month of August 1560, and no otherwise, and likewise conforming to the gifts to be granted by our sovereign lord or his regent hereafter; and ordains all gifts and dispositions given by her since the said time to have place and to proceed according thereto, without prejudice to the benefices of the lawful patronages, which are not comprehended in this act.
[A1567/12/36]* [print] [email] [cite] [preceding] [following]
Item, it is statute and ordained by our sovereign lord, [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, for the common benefit of this realm, that there be no deacon of craft of maltmen, either to burgh or land, or any other part within this realm; and if any writing, gift or privilege be given in any time before, our sovereign lord, with advice of my lord regent and three estates aforesaid, decrees and declares the same to have been from the beginning and to be in all time coming null and of no value, force nor effect, so that it shall be never lawful to any of the maltmen of this realm to have deacons, nor to be reputed no craft.
[A1567/12/37]* [print] [email] [cite] [preceding] [following]
Item, it is statute and ordained by our sovereign lord, by advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, that the acts of parliament made by our sovereign lord's predecessors of before concerning the slaughter of black fish, smolts and cutting of green wood be put into execution in all points, and that the pains be executed upon them with all extremity and with this addition: that all judges ordinary, as well in regality as royalty, and such others as shall please our sovereign lord and my lord regent to give power and commission to that effect, to take up dittay of the persons, contraveners of the said acts, and hold two courts each year, that is to say, a court at Easter and another at Martinmas [11 November], for punishment to be made in manner aforesaid (providing always that this present act be in no way extended to the slaying of the red fish in the water of Tweed); and who is convicted of the said crime shall pay the pains contained in the said act, and also shall find caution to pay £100 as often as he contravenes the said acts, to be applied to our sovereign lord's use.
[A1567/12/38]* [print] [email] [cite] [preceding] [following]
Item, 29 December 1567, which was the last day of this parliament, the same being continued to 11 July 1568, our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of parliament, has ordained and ordains all and sundry the aforesaid acts of parliament to be authentically imprinted; as also ordains the act of parliament made in our sovereign lord's late dearest grandfather's parliament, held at Edinburgh, 12 November 1526, made concerning burning of houses and others specified therein, to be also imprinted, so that none of our sovereign lord's lieges may pretend ignorance of the same.
[A1567/12/39]* [print] [email] [cite] [preceding] [following]
Item, in the parliament held at Edinburgh on 12 November 1526, the which day, concerning the article of slaughters, murders and burnings, it is statute and ordained that the acts made thereupon of before and the old laws be kept, with this addition: that who comes and burns folks in their houses and all burnings of houses and corns and wilful fire-raising be treason and crimes of lese-majesty, because such deeds are exorbitant and more against the commonwealth than many other crimes; and that particular justice courts or general justice ayres be set thereto as shall please the king's grace, his council and the justice for the time, with their consent, providing that it shall be lawful to any man to pursue and follow common thieves and rebels, to take them, and if they enter in houses, that it shall be lawful to invade, break or destroy the said houses by fire or otherwise, to the intent and effect of taking or slaying of the said thieves or rebels, for the which there shall follow upon the doers no pain, accusation, crime nor offence, but to be free thereof at all times.