[1567/12/7]¹

The [act]² for abolishing of the pope

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 been very hurtful and prejudicial to our sovereign's authority and commonwealth of this realm, therefore, has statute and ordained that the bishop of Rome has no jurisdiction nor authority within this realm in time coming, and that none of our said sovereign's subjects of this realm suit or desire, in any time hereafter, title or right by the said bishop of Rome or his suit 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 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 times to come by the said bishop of Rome's authority under the pain aforesaid.

The which day, forasmuch as there has been diverse and sundry acts of parliament made in the time 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 them diverse persons took occasion of maintenance of idolatry and superstition in the kirk of God and repressing of such persons as were professors of the said word, through which diverse innocents did suffer; for eschewing of such 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 our Faith according to the said word published within parliament, to be of no value, force nor effect, and decrees [the said acts], and every one of them, to have no effect nor strength in time to come, but the same to be abolished and extinct for ever, in so far as any of the said acts are repugnant and contrary to the confession and word of God aforesaid, ratified and approved by the said estates in this present parliament.

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 true use of the sacraments, willing the same to be used according to his will and word, by the which it is commonly 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 ministers; and presently, notwithstanding the reformation already made according to God's word, yet nonetheless there are some of the same pope's kirk that stubbornly persevere in their wicked idolatry, saying mass and baptising according to the pope's kirk, profaning through that the sacraments aforesaid, in quiet and secret places, regarding therefore neither 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, nor say mass, nor yet hear mass, nor be present thereat under the pain of confiscation of all their goods, moveable and unmoveable, and punishing of their bodies at the discretion of the magistrate within whose jurisdiction such persons happen to be apprehended for the first fault, banishing the realm for the second, and justifying to the dead 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 using mass, saying or is 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 because that laws which are not clear are often times occasion of discord, we most humbly desire that for avoiding of all debate, doubt and question that either may arise, for the validity and strength that parliament as for the interpretation of [the said ...] present parliament pronounce and declare first, that the ministers of the blessed evangel of Jesus Christ, whom God of his mercy has now raised up amongst us or hereafter shall [...], agreeing with them that now live in doctrine and administration of the sacraments, and that part of the people of this realm that professes Jesus Christ as now he is offered in his evangel and do communicate with his holy sacraments (as in our reformed kirks they are publicly administered) may be declared the only true kirk of Jesus Christ within this realm, and that all and sundry who either gainsay the word of the evangel as it is now preached, and of us received and approved, as the heads of the Confession of our Faith more particularly do express, or that yet refuse the participation of the holy sacraments as now they are administered, be discerned to be no members of the kirk within this realm, so long as they keep themselves so divided from the society of Christ's body.

³First article approved.

[1567/12/8]⁴

2. Further, we crave that no persons reclaiming to the religion or that do not profess it with us in all points be permitted to enjoy benefice or profit whatsoever under the title of ecclesiastical function, notwithstanding whatsoever title, possession or intrusion they have had or may claim to have by the pope, that Roman antichrist.

⁵Approved.

[1567/12/9]⁶

3. That to this our kirk aforesaid be granted and by this present parliament confirmed such freedom, privilege, jurisdiction and authority as justly appertain to the true kirk and immaculate spouse of Jesus Christ, and that no other face of a kirk nor other face of religion (than presently by God's favour we have established within this realm) be permitted, and that no jurisdiction ecclesiastical be acknowledged within this realm other than that which as shall be within our kirk or that flows from the same.

⁷ Approved, but desires the jurisdiction of the kirk to be limited and certain of the privy council to be appointed by [James Stewart, earl of Moray], my lord regent, to the limitation thereof.

[1567/12/10]⁸

4. That the examination and admission of ministers within this realm be only in power of our kirk, the presentation reserved to the just and ancient patrons, the patron presenting a qualified person within three months, or otherwise the kirk to have power to convey always to a qualified person.

⁹Approved.

[1567/12/11]¹⁰

5. That all benefices having charge of souls given by [Mary], the queen, or any others since the aforesaid parliament, otherwise than is appointed by the order of the Book of Discipline, may be declared vacant, and that the patrons may have privilege to present of new persons qualified and able, so that the kirk may be delivered from unprofitable pastors.

¹¹Approved.