[1592/4/26]¹

Act for abolishing of the acts contrary to the true religion

²Our sovereign lord and estates of this present parliament, following the lovable and good example of their predecessors, have ratified and approved and, by the tenor of this present act, ratify and approve all liberties, privileges, immunities and freedoms whatsoever given and granted by his highness, his regents in his name, or any of his predecessors, to the true and holy kirk presently established within this realm, and declared in the first act of his highness's parliament on 20 October 1579, and all and whatsoever acts of parliament and statutes made of before by his highness and his regents regarding the liberty and freedom of the said kirk, and specially the first act of parliament held at Edinburgh, 24 October 1581, with the whole particular acts therein mentioned, which shall be as sufficient as if the same were herein expressed, and all other acts of parliament made since in favour of the true kirk; and also ratify and approve the general assemblies appointed by the said kirk and declare that it shall be lawful to the kirk and ministry every year at the least and after for matters arising, as occasion and necessity shall require, to hold and keep general assemblies, providing that the king's majesty or his commissioner with them to be appointed by his highness be present at each general assembly before the dissolving thereof and nominate and appoint time and place when and where the next general assembly shall be held; and in case neither his majesty nor his said commissioner be present for the time in that town where the said general assembly be held, then and in that case it shall be permissible to the said general assembly by themselves to nominate and appoint time and place where the next general assembly of the kirk shall be kept and held as they have been in use to do these times past; and also ratify and approve the synodal and provincial assemblies to be held by the said kirk and ministry twice each year as they have been and are presently in use to do within every province of this realm; and ratify and approve the presbyteries and particular sessions appointed by the said kirk, with the whole jurisdiction and discipline of the same kirk agreed upon by his majesty in conference had by his highness with certain of the ministry convened to that effect, of the which articles the tenor follows:

Matters to be entreated in provincial assemblies

These assemblies are constituted for weighty matters necessary to be entreated by mutual content and assistance of brethren within the province as need requires. This assembly has power to handle, order and redress all things omitted or done amiss in the particular assemblies. It has power to depose the office bearers of that province for good and just cause deserving deprivation. And generally these assemblies have the whole power of the particular elderships whereof they are collected.

Matters to be entreated in the presbyteries

The power of the presbyteries is to give diligent labours in the bounds committed to their charge, that the kirks be kept in good order, to enquire diligently of naughty and ungodly persons, and to work to bring them in the way again by admonition or threatening of God's judgments or by correction. It appertains to the eldership to take heed that the word of God be purely preached within their bounds, the sacraments rightly administered, the discipline maintained and the ecclesiastical goods incorruptly distributed. It belongs to these kind of assemblies to cause the ordinances made by the assemblies, provincials, nationals and generals to be kept and put in execution, to make constitutions which concern what is fitting in the kirk for decent order in the particular kirk where they govern, providing that they alter no rules made by the provincial or general assemblies, and that they make the provincial assemblies foresaid privy of the rules that they shall make, and to abolish constitutions tending to the hurt of the same. It has power to excommunicate the obstinate, formal process being led and due interval of times observed regarding particular kirks, if they be lawfully ruled by sufficient ministers and session. They have power and jurisdiction in their own congregation in matters ecclesiastical and decree and declare the said assemblies, presbyteries and sessions, jurisdiction and discipline thereof foresaid to be in all time coming most just, good and godly in the self, notwithstanding of whatsoever statutes, acts, canon, civil or municipal laws made in the contrary, to the which and every one of them this act shall make express derogation. And because there are diverse acts of parliament made in favour of the papistical kirk tending to the prejudice of the liberty of the true kirk of God presently professed within this realm, jurisdiction and discipline thereof, which stand yet in the books of the acts of parliament, not abrogated nor annulled, therefore his highness and estates foresaid have abrogated, made void and annulled and, by the tenor hereof, abrogate, makes void and annul all acts of parliament made by any of his highness's predecessors for maintenance of superstition and idolatry with all and whatsoever acts, laws and statutes made at any time before the day and date hereof against the liberty of the true kirk, jurisdiction and discipline thereof, as the same is used and exercised within this realm, and in special that part of the 7th act of parliament held at Edinburgh, 20 March 1437 [1438],³ commanding obedience to be given to Eugene [IV], the pope for the time; the 111th act made by King James III in his parliament held at Edinburgh, 24 February 1483 [1484], and all other acts whereby the pope's authority is established; the 47th act of King James III in his parliament held at Edinburgh, 12 October 1467,⁴ regarding the Saturday and other vigils to be holy days from evensong to evensong. Item, that part of the 31st act made by [Mary of Guise], queen regent, in the parliament held at Edinburgh, 1 February 1551 [1552], giving special licence for holding of Easter and Yule. Item, the king's majesty and estates foresaid declare that the 2nd act of the parliament held at Edinburgh, 22 May 1584, shall in no way be prejudicial nor derogate any thing to the privilege that God has given to the spiritual office bearers in the kirk concerning heads of religion, matters of heresy, excommunication, collation or deprivation of ministers or any such essential censures special grounded and having warrant of the word of God. Item, our said sovereign lord and estates of parliament foresaid abrogate, makes void and annul the 20th act of the same parliament held at Edinburgh, the said year 1584, granting commission to bishops and other judges constituted in ecclesiastical causes to receive his highness's presentation to benefices, to give collation thereupon, and to put order in all causes ecclesiastical, which his majesty and estates foresaid declare to be expired in the self, and to be null in time coming, and of no value, force nor effect and, therefore, ordain all presentations to benefices to be directed to the particular presbyteries in all time coming, with full power to them to give collations thereupon and to put order to all matters and causes ecclesiastical within their bounds according to the discipline of the kirk, providing the foresaid presbyteries be bound and astricted to receive and admit whatsoever qualified minister presented by his majesty or other lay patrons.