2Act anent the cheising of pedagoges to children passing furth of Scotland to schooles

Forsamekle as oure soverane lord and estaittis of this present parliament, considering that one of the great causes whiche hes procured the grouth and incresche of papistis within this kingdome hes procedit frome the small cair and regaird that hes bene had of the educatioun and upbringing of the youth, who being sent forth of the realme to places of contrarie professioun and not being first weill grounded in religioun and accompanied with pedagoges scarce weill affected to religioun, they do often returne bak so possest with superstitioun and hereticall errouris as they may be justlie suspected for dangerous subjectis in the estait; for preventing of whiche grouth and incresce of defectioun frome the trew faith by the occasioun foirsaid, oure said soverane lord and estaittis foirsaidis ordanis that all suche noble men and otheris who heirafter shall direct ony pedagoges with their sonnes out of the countrey shall be halden by vertue of this present act to have a sufficient testimoniall of the bischop of the diocie where the said pedagoge for the most pairt laitlie maid his residence, testefeing and approveing the said pedagoge to be godlie and of good religioun, learned and instructed in the same. And gif ony noble man or other shall happen to send ony pedagoge with thair sonnes out of the countrey without testimoniall and approbatioun of the bischop in maner abonewrittin, in that cais oure said soverane lord and estaittis forsaidis declaires, statutis and ordanis that everie suche noble man and otheris according to their severall degrees and rankes shall incur the paines particularlie undirwritten, viz: everie erle, fyve thowsand pundis; everie lord, fyve thowsand merkis; and everie baroun, thrie thowsand merkis, whiche sowmes sall be intromettit with and upliftit of thame by his majesteis thesaurar and his depute to his highnes use, providing incais it shalhappin the bischop of that diocie to refuse to grant testimoniall to the pedagoge upoun the premises, the said bischop thairaftir being lauchfullie summonit to compeir befoir the lordis of his highnes secrete counsaill to answer to that complante and schaw not ane ressonabill cause of that his refusall, than and in that cais it sall be lauchfull to the lords of secrete counsaill to3 the foirsaid pedagoge to the effect abonewrittin.

  1. NAS, PA2/17, f.38v.
  2. '3' written in margin beside heading.
  3. APS interpolation 'give their testimoniall to', taken from the contemporary printed collection of acts, Sir John Skene, The Lawes and Acts of Parliament made be the most excellent and mightie king and monarch, James ... since his majesties XV parliament the XIX day of December 1597 (Edinburgh, 1611), p.30.