[1663/6/19]¹

Act against separation and disobedience to ecclesiasticall authority

Forasmuch as the king's majestie, considering the prejudices which did ensue to the church and Protestant religion, to the prerogative of the croun, to the authority of parliament, to the libertys of the subject and to the publict lawes and peace of the kingdome, by the invasions made upon episcopall government dureing the late troubles, and finding that government to be the church government most agreeable to the word of God, most convenient and effectuall for preservation of treuth, order and unity and most suteable to monarchie and to the peace and quyet of the state; hath therfor, with advice and consent of his estates of parliament, by severall acts past in the second session of this parliament, restored the church to its antient and right government by archbishops and bishops, and hath redintegrat the estate of bishops to the exercise of their episcopall function, and to all the priveledges, dignities, jurisdictions and possessions due and formerly belonging therto; and in furder order to the setlement of the church and bringing the ministers to a due acknowledgement of and complyance with the government thairof thus established be law, his majestie, with advice forsaid, hath also statute and ordained that all these ministers who entered to the cure of any paroche, without right or presentations from the lawfull patrons in and since the yeer 1649, and should not betuixt and the tuentieth of September last obtaine presentations from their severall patrons, and collation from the bishop of the diocess wher they lived, should have no right to the uplifting the rents of any benefice or stipend for the yeer 1662, but that their places, benefices and kirks should be ipso jure vacand, and that whatever ministers should, without a lawfull excuse to be admitted by the ordinary, absent themselffs from the diocesian assembly, or who should not concur in all the acts of the church discipline, as they should be therunto required by the archbishop or bishop of the diocess, should be for the first fault suspendit from their office and benefice till the next diocesian meiting, and if they amend not, should be deprived, and the church and benefice to be provyded as in other caces of vacancies. And the king's majestie, haveing resolved to conserve and mantaine the church in the present state and government therof by archbishops and bishops and others beareing office therin, and not to endure nor give any way nor conniveance to any variation therin in the least, doth therfor, with advice and consent of his estates conveened in this thrid session of his parliament, ratifie and approve the aformentioned acts and all other acts and lawes made in the tuo former sessions of parliament in order to the setleing of episcopall dignity, jurisdiction and authority within this kingdome, and ordeanes them to stand in full force as publict lawes of the kingdome, and to be put to further execution in all poynts, conforme to the tenor thairof. And in pursueance of his majesties' royall resolution heirin, his majestie, with advice aforsaid, doth recommend to the lords of his majesties' privy councill to take speedy and effectuall course that these acts receive readie and due obedience from all his majesties' subjects and, for that end, that they call befor them all such ministers who, haveing entered in or since the yeer 1649 and have not as yet obtained presentations and collations as aforsaid, yet dared to preach in contempt of the law, and to punish them as seditious persones, and contemners of the authority. As also, that they be carefull that such ministers who keep not the diocesian meitings, and concur not with the bishops in the acts of church discipline, being for the same suspended or depryved, as said is, be accordingly, after deprivation, removed from their benefices, gleibs and manses, and if any of them shall notwithstanding offer to retaine the possession of their benefices or manses, that they take present course to sie them dispossest, and if they shall therafter presume to exercise their ministerie, that they be punished as seditious persones, and such as contemne the authority of church and state.

And as his majestie doeth expect, from all his good and duetifull subjects, a due acknowledgement and hearty complyance with his majesties' government ecclesiasticall and civill, as it is now established by law within this kingdome, and that in order therunto they will give their cheerfull concurrence, countenance and assistance to such ministers as, by publict authority, are or shall be admitted in their severall paroches, and attend all the ordinary meitings of divine worship in the same, so his majestie doth declare that he will and doth account a withdrawing from and not keeping and joyning in these meitings to be seditious and of dangerous example and consequence; and therfor, and for preventing the same for the future, his majestie, with advice and consent of his estates in parliament, doth heirby statute, ordean and declare that all and every such person or persons who shall heirafter, ordinarly and wilfully, withdraw and absent themselffs from the ordinary meitings of divine worship in their oune paroche church on the Lord's day (whither upon the accompt of poperie or other disaffection to the present government of the church) shall therby incur the paines and penalties underwritten viz, each nobleman, gentleman and heritor the losse of a fourt parte of ilk yeers rent in which they shall be accused and convicted; and every yeoman, tennent or fermer the losse of such a proportion of their frie moveables (after the payment of their rents due to their master and landlord) as his majesties' councill shall think fit, not exceiding a fourt parte thairof; and every burgesse to losse the liberty of merchandizeing, tradeing and all other liberties within burgh and fourt parte of their moveables. And his majestie, with advice forsaid, doth heirby authorize and require the lords of his majesties' privy councill to be carefull to sie this act put to dew execution and, for that end, to call befor them all such persons as after admonition of the minister in presence of tuo sufficient witnesses and, by him so attested, shall be given up to the councill as transgressours of this act in withdrawing from their paroche churches as aforsaid; and the same, after heareing of the parties being duely fund, to decerne and inflict the censures and penalties abovementioned, and such other corporall punishment as they shall think fit, and direct all execution necessary for makeing the same effectuall, and to doe every other thing they shall find necessary for procureing obedience to this act and putting the same to punctuall execution, conform to the tenor and intent thairof.