Page:The Laws and Acts of Parliament of Scotland.djvu/429

XXI. "PARLIAMENT. XXII I. of OBober. i6iz. 407 THE XXI. PARLIAMENT Of Our OPtoft High and "Bread Soveraigne, JAMES By the grace of GOD, King of Scotland England, France and Ireland, Defender of the Faith, &c. Halden at Edinburgh, thexxiij day of October, 161%. By the Noble and potent Lord ^ALEXANDER Earle of Dunfermeling, Lord Fyvie and Urquhart, great Chancellar ^Scotland, &c. Commiffionar appointed for balding oft he faid "Parliament, by vertue of his Cfrla- jefties Commijfion graunted to him , under the great Sealeofthis Kingdome: With thefpecialadvyce, confent andajfent of the Eftaites of this Realme. x^A Ratification of the alls and conelufions , fit doun and agreed upon; in the qeneral i_Ajfemblie of the Kirk, keep ed in Glafgow in the monethofjune, 1610. Together with ane explanation made by the Eftaites offome oft he articles of the fame. ORS AMEIKLE as in the Parliament halden at Edinburgh, in theyeareof GOD, 1597. The Eftaites of this Kingdome remitted to his'Majeftie to confult and agree with the generall Aflemblie oi the Kirk, upon the auctoritie and power ^whilk the Archbifhops and Bifhops mould have in the Policie and difciplme of the Kirk : Where-anent after that his Majeftie and his Commiffioners had many tymes moil feriouflie conferred and advyfed with the Miniftrie-. At lad condu lion was taken, in the general Aflemblie halden at Glafgow, in the moneth of June, 1610. yeares. Determining all the doubtfull and contravened points concerning the juris- diction, policie , and difcipline forefaid , with full and uniforme confent of ane verie frequent nubmer of godlie Minifters, affifted be the Counfell and concurrence of ane (great manie of the belt affected Nobilitie , Barons,& Commiffioners of Burrowes of this Kingdome, in maner, lubftance and effect following : with the explanation made be the Eftaites of Parliament prefentlie conveined, offome of thefe articles rdblved upon in die forefaid afTemblie oiGlafgow. IN THE FIRST the forefaid aflemblie acknawledgeth the Indiction of the general Aflemblie oi the iKirk to appertein to his Majeftie , by the prerogative of his Royal Crowne. AND FORDER Ordeineth that the Bifhops lhall be Moderators in everie Diocefian Synode. And jtheSynodefliallhaldtwyfe in theyeareof the Kirks of everie Diocie. Viz. in Aprile, and October: And kvhere the Diocefes are large that there be two or three Synodes in convenient places for eafe of the Miniftrie. ^nd in-cafe the Bifhop of the Diocie be abfent upon any neceflar occafion , in that cafe his place lhall be fup- jpleedbefikaneworthieMinifter (bearing charge within the bounds) as the Arch-bifhop or Bifhop fhall appoint. THAT NO SENTENCE of excommunication or abfolution thereof be pronunced againft or in jfavoursof anyperfoti, without the knawledge and approbation of the Bifhop of the Diocie , whomoftbe anfwerable to GOD, and his Majeftie for ail formall and unpartial proceeding therein : And the procefie peeing found formall , the fentence to be pronunced at the direction of the Bifhop , be the Minifter of the Pa- roche where the offender dwelles , and the procefie began. THAT ALL PRESENTATIONS to benefices bee directed hereafter to the Archbifhop or Bifhop of the Diocie , within the which the benefice vacant be dimiffion, deprivation , deceafe, oruther- wayes lyeth. With power alfo to the Archbifhop or Bifhop to difpone and confer fik benefices as falles in his Diocie (Jure devoluto) Provyding alwayes in-cafe any Archbifhop or Bifhop , fhould refufe to admit any Qualified Minifter , (accepting the praefentation granted to him and who hath bene once received and admit- ted to the function of the Miniftrie , being then frill undepryved) prefented to them be the Patron , In the cafe pf any fik refufe. IT fhall be lawfull to the Patron to reteine the whole fruicts of the faid benefice in his awn hands. And atherhee or the Paroche wanting a Paftor, be reafon of the not planting of the Kirk. (In- hale the refufal thereof come be the Bifhop) may complaine thereof to his Arch-bifhop, and if ather the Arch- bifhop be the refufer , or els doeth not give due redrefle being complained unto, In that cafe the Lords of his Majefties privie Counfell upon the parties complaint of the refufe , and no fufficient reafon being given for the ifame , Sail direct letters of horning charging the Ordinarie to doe his duetie in the receaving and admitting of fik a perfone as the faid Patrone hath prefented. I T is alwayes declared that if any Arch-bifhop or Bifhop lhall deprehend any fik perfon as is prefented to him to have come within compafle of a Simoniacal paction with his Patrone , in fo far as he hath ather alreddie hurt, or promifed and bound himfelfe to praejudge and hurt K k k x the