Page:The Laws and Acts of Parliament of Scotland.djvu/826

Thelndietion. of General Affembliesof the Kuk , belongs to t!ie King, by vertue of hi s Prerogative, la • 6. p. z i . c. i . The naming of the Commiflioners for Teinds , and for the furvey of Laws , re- ferred to die King, by the Parliament, and therefore they give warrand to the Clerk, toinfeit hisMajefties Nominations, in the Commifiions then given in Parliamenr, Car. i. p. i.e. 20. TheKinginabfenceof rhe Lord Chancellour, Nominats who (hall prefide in Parliaments, and other publick Judicatories, in his place, Car. 2. par. 1. Sefl.' r. cap- 1. The King by Prerogative of his Crown , hath the fole appointment of Officers of State, and Privy Counfellers , and the Nomination of the Lords of the Seflion, aspreceedingtlieyear 1637. Car. 2. p. i.SefT. r.c. 2. As alfo the power of calling , holding , proroguing , and diffolvmg Parliaments, and Conventions of Eftates, doeth folly relide in the King, his Airs, and Succef- fours, and no Parliament can be keept without the fpecial warrand , and prefence of the King, orhisCommiflioner, nor any Act or Statut thereof binding , without hisfpectal Authority , and approbation interponed thereto, at the making thereof, and that none offer toimpugne, or doe in the contrary thereof , under the pain of Treafon, Ibid, cap. 3. For Aliening the Prerogative of the Crown,(which his Majefty holds from God Almighty alone ) its declared , that the power of Arms , and making of Peace , and War, or Treaties, and Leagues with forreign Princes, and States, doth pro- perly refide in his Majefty , his Airs, and Succeflours, and that they have the only right of railing the fubjects in Arms , and to command , order, disband , or other, wifedifpofeof them, and of all Strengths, Forts, orGarrifons, within the King- dom as they think fit, tkefubjeftsbeingalwayesfteeof the provifion , and main- tenance of thefeFons , and Armies, unlefs it be concluded in Parliament, or Convention , and all deedsin the contnry of this Aft , are declared to be Treafon- sble, Ibid, cap. 5. And all Acts , and Praftifes contrary to thefe three laft Afts, or thereby relcinded. That his Majefty holds his Crown immediatly from God almighty alone , is again aflirted, Cai:2. p: 1. 5efs:i. cap:is. andp:j. cap: 2. Act condemning the giving up of King Charles the firft his Perfon to the Engtijb , at Newcaflle , in the yeare 1*47. and difclaiming it , as no Aft of this Kingdom, but only of a faction for the time, and Declaring, that if any toll be found guilty of Tranfactions, and Bargains of money , for carrying on the fame, they toll be purfued without mercie, as the vildeft of Traitors , and be incapable of any Aft of Pardon, or Oblivien, for ever, Car: 2. p: 1 Sefc 1. cap: 10. Offers of Lives, and Fortunes, to his Majefty, againft all deadly, in every caufe , wherein hisMajefties Peifon, Authority, or Goverment, may be con- cerned. Asalfoinrefpeftof the late troubles, and that his Majefty hath lignified his tefbluiion , toraifenomore Cefs. Anoffer, and grant is made of ane yearly Annuity of Fourtj ThouJ'aud pounds Sterling to his Majefty during all the dayes of his Life , Car: 2. p: i.Seff: 1. c. 13. See Annuity. Aft Declaring that what toll be determined by his Majefty , wittiadvice of the Bifhops, and fuch of the Clergie , as he toll Name , in tlie external Government andPolicy of the Church', confident with the Law of the Land, toll be valide, and effectual , as alfo all Church Power, Jurisdiction , or Government, is De- clared to depend upon , andbefubordinatto the Kings Soveraign power, as .Su- preme, and that it 15 to be Regulated, and Authorized by the Biihops under his Majefty , to whom they are to be accomptable , and all Acts in the contrary hereof, fpeciallyrheAftIa:6. p: iz. cap: 113. are refcinded , Car: 2. p:i. Sell: 2. cap: j. See the Aft in Bifhops. Thefe Pofitions , That fubjeSs upon pretence of Information , or upon any other, may enter into Leagues , and Covennants , or take tip *Arms againft the King , or that pretending his authority , they may take tip ^Arms againft his Perfon , or thefe Com- miffionedby him, or fufpend him from the exercife of 'his Government, andput limi- tations on their due obedience, and allegiance , are declared to be Treasonable , and Rebellious, Car. 2. p. r. Seff. 2- c. z- See Treafon. Aft for inbringrag the Kings Rents , Ratifying the Afts, la: 6: p: 1 1 . s: 6z. (in Exchequer) cap: 63. (in Chamberlane) cap:7s. (in Sheriffs) par: 14: cap: 230. (in Chamberlane) and p.- is: c: z6z. (in Highlands , and IJles.) In fo far as the fame may be extended to the payment of his Majefties Rents , and ordaining Chamber- lains, Fewers, Sheriffs, Stewarts,Baillies of Regalities, and Burghs , and others lyable therein,tofindcautionconfoim thereto , and that the Thefaurer, and his Deput, charge them to doe the fameattheMercat-crolsof£^/nterj4,and in cafe otdifobedience, denounce them there-, -and regiftrat the Horning in the Thefau- rers Regifter, which are all declared to be fufficient as to all efiefts ef Caption, EP- cheat and Liferent. That Sheriffs, Stewarts, andBaillies of Regalities take and apprehend the Kings Fewers denounced for not payment of their duties, poynd their goods, anddoexaft diligence for geting payment within twenty dayes, jffithcertincation that they and their Cautioners toll be charged to make pay- ment thereof themfelves, under the pain of Rebellion, Car. 2. par. i. Sett'. j.> cap. 1 j. Humble tender to his Majefty of twenty thoufand Foot and two thoufand Horfe for his Majefties fervice, Car. 2. p. 1 . Sefl. 3. c. 26. See it in Militia. It belongsto his Majefty by vertue of his Prerogative, to order and difpofe of Trade with Forraign Nations, and to lay reftraints.and impofitions on Forraign imported Commodities, and all Afts and Statuts in the contrary are refcinded, Ibid. c. 27. Aft affeiting his Majefties Supremacy over alWPerfons, and in all Caufes Eccle. fiaftick, and that by vertue thereof the ordering and difpofal of the external Go- vernment and policy of the Church doth belong to him and his Succeflbrs, as an inherent right to the Crown ; and that he may enaft and emit fuch Conftitutions, Afts and Orders concerning the Adminiftration of the faid Government, and Perfons imployed in the fame, and concerning all Church- meetings , and mat- ters to be propofed and determined therein, as he toll think fit, andallLaws and Cuftoms in the contrary aie refcinded, Car. z. p. z. Seff i.e. 1. The Kings Succeflion, or the Succeflion to the Crown afferted, Car. z. p 3. c. 2. See it in Succeffion. Aft declaring that in refpeft his Majefty is the Fountain of all Jurifdiftion.there- fore, notwithstanding of the Offices conferred upon any, yet he may by himfelf, oranyCommiflionatby him, take cognizance and decilion of any cafes or caufes he pleafes. Car. 2. p. 3 . c . 18. KIPPER. SttSalmmd. KIRK. See Manfes , and CMinifters , and Teinds. That the Holy Kirk and its Minifters brook their Freedoms, and none let them to fet their Lands and Teinds, Ja. i.p. i.e. 1. That Holy Kirk be kept in freedom, and no man vex Kirk-men in their perfons and goods, under all higheft charge, Ja. 2.D.3.C.4. That the liberty and honour t'f Holy Kirk beobferved, Ja. 3. p. i.c.I._.and p. 5. c. 26. Ja. 4: par. 2. c.7. Ja, s.par, i.e. 1. and par. 7. c. izs-. and Ja. 6. par. 11. cap. Z3- . . .. . ' That general Frocefs andCurfing be made againft the breakers of the liberty of Holy Kiik,and that no notour Invalours of the Kirk.nor curled Perfons bejreceived in the Kings Palace, Fjefence,Council,oiParliament,norheaid in any Caufe, till An Abridgement of the they make amends, Aflith the Party, and obtain abfolution, Ja, z. p. 4. c. 7. Set Curfing and Excommunication. Ferturbersofthe Kirk in time of Divine Service or Preaching, incur the pains following; ThePrelator£ordr«i pounds, the Baron or infetioui Ecclefiaftick Dignity Jive pounds, the Free-holder , Eurgefs, or other Beneficed man fourty Jhillmgs, and others ftucwji yT,;///;;^ for the firft fault,doubling thereof for the fe- cond, and wairding and banilhing year and day for the third. And that the Kirk- mafters gar leilh Bairns that perturbs rhe Knk, Q. M. p. 5 . c. 1 7 . That a Perfon under Curfing, refuting to remove (being charged) the time of Divine Service, be puniilied asa Peiturber. Ibid: cap. 18. That no Horning be direft againft Kirk-men for payment of theirTax,providing the Clergie find iome other fureway for inbringing thereof, Q. M. p 6 cap 55- That the Lords of Council! put order ro the re-parrelling of Kirks, and Kirk - yairds, Q. M. p.p.cap. 76. Ratification of this Aft, and the Councils order following thereon, upon the thirteinth of September 1563 .With this addition, that wl»eie the Parochiners refufeto eleftperfonestoTax themfelves, orwhere there are no Deacons, to Colleftit. That there the Biihops may chufe both Stent-makers & Colleftors. That the abftra- fters of the materials of Kirks demolilhed may be conveened therefore before the Biaop, and that letters of Horning be direct on their fentences, Ja.6. Par 3 cap. 54. That the Minifters of the Evangel, and people now profefling Chtift as offered in the Gofpell, and Comunicating in the Sacraments, as now adminiftrar, conform to the Confefion of Faith, are Chrifts true and holy Kirk, and that all that gain-fay the faid Evangel, as profeffed, or refufethe faid Sacraments, are no members of the faid Kirk, Ja.6. par. 1 cap. 6. ^inno i 567. Ratified par. 3. cap. 47. andpar.6 cap. 68. That the Examination and Admiflion of Minifters be only in the power of the faid Kirk, without prejudice to thePatrons rights, Ja.6. p. i.eap. 7-.See Patrons. The Teinds.are laid to be the proper Patrimonie of the Kirk, ibid, cap 1 o. Ratification ofall Civil Priviledges granted to Kirk-men, ibid.c Z4. Pacification of all Afts in favours of the true Kirk.Sc Religion thenlprofeffed.Ia. 6.p.z.c. 35. ^innoisji. p. j.c. 61. p. 6. c. 68. p. 7. c. 9S . ( This Aft conrains a full enumeration of the Afts therein Ratified) la. 6. p, 12. c. 113. (whereby the Afts, p-6.c.6j>. andp.7.c.99. are more efpecially confirmed, and Presbyterian Government eftablilhed ) andla.6.p. 16. c. 16. The Iurifdiftion of the Kitk declared to ftand , in the Preaching of the Word, Correftion of Manners, and Adminiftration of the Sacraments, and that there be no other faceof Kirk thenwhatis now eftablifhed, andthat there be noother Ec- clefiafticklurifdiction within this Realm anentrheprenaifies, but what is in. and flows from the famine Kirk, la. 6. p. 6. c. 69. Thattroublersof the Kitk, or who raifes any fray therein, or in the Kirk-yard the time of Divine Service, be puniflied by tinfel of all tfiteir|Movea.bles , lam. 6. p. 1 1. cap. 27. ' * ' Aft eftablifliing Fresbyterie in its General and Provincial Affemblies.Presbyte- ries, and Kirk Seflions, with the whole Jurifdiftion and Difcipline of the Kirk a3 agreed to by the King & the Kirk,& contained in certain Articles infert in theAft; As alio abrogating fome particular Afts,& all others in general for the Popes Au- thority,with an Aft la. 3 ■ for obferving the Saturday and other Vigils. An Aft O M. for holding of Pafi h and Tuill, and all other Afts and Laws againft the true Kirk Iurifdiftion, and Difcipline thereof, areabrogat. Itisalfodeclared.thatthe Aftla.6.p.8.c.i3i, confitming the Kings Royal power, dothnot derogat from the power of the Spiritual Office-bearers in the Kirk, concerning Religion, Kere- fie. Excommunication, Collation, and Deprivation of Minifters, and fuch like effetitial Cenfures , fpecially warranted by Gods Word ; and all Prefentations are ordained to be made to Presbyreries,Ia. 6. p. 1 z. c. 1 1 4. But this Aft abrogat firft in part, la.fi.p. zl.c. 1. And then totally. Car. 2. par. 1. Seff z. cap. 1. £oth in Bi- fhops. All Committers of Slaughter within , kirks or Kirk-yeards the time of Prayer, Pleaching or Miriiftring the -Sacraments, being denounced therefore, and all de- clared refetters of them after their faid denounciation, tine their life-rents afwejl as their fimple efcheats to the King, Ja. 6. p. 1 z. cap. 118. A peifon being charged by the Beddle, and thereafter by the Minifter of the Paroch three feverall Sabbaths from Pulpit, in the Name of God and the King, to ebey a fentence of the Kirk againft him ; And refuting, may be Cited upon fup- lication of the Judicatorie that gave the fentence, before the Lords of feffion, that letters of Horning on an Charge of ten dayes be direft againft him in cafe of dif- obedience, Ja. 6. par 1 3 cap. 1 60. All Common Kirks declared to be of thenature of othet farfonages andVica.- rages, and ordained to be conferred 10 Minifters by Prefentation and Collatipn, Ja. 6. par. 14. cap 1 96. ThattheParochiners repair the Kirk-yeard dykes with ftoneand Mortar w the hight of two ells, with fufficient Stiles and entries, and that the Lords of Seffion, direft ierters hereupon as effeirs, Ja. 6. par. r 5. cap zj z. Thar Synods of the Kirks of everieDiocie be held twice a year, in ^ipril and OSober,ind where the Diocie is Iarge.that there be two or three Synods in conveni- entplacesfor the Minifters there eafe,Ja. 6. par. zi. cap. r. That Kirks be provided of Bafons and Lavers for Baptifme, and Cups.Tables and Table-cloaths for the holy-Communion, at the expences of the Parochiners : And that the Minifter keep the fame, and he and his Airs, and Executors be anfwerable therefore, in cafe they be either lofr, or ufed to profane ufes, and that the Minifters raife Letters, and do diligence hereupon betwixt and the firft of February, 1618. Ja.6. par. 22. cap. 6. KIRK LANDS. That no Few or Tack of Kirk-lands obtained fince the fixtli of March,, 1 5 5 8 • . be a good Title for warning and removing the kindly Tennents and Foffeflbrs of the fame until Whitfunday, is66. without the Queens licence had in Writ; Andthat no Kirk-man whatfoever fet Fews or Tacks of Kirk- lands for the fpace of three years next to come, without the like licence, Q. M. p. 9. c. 77. That all Confirmations to be granted by the Queen, of Infeftments of Kirk- lands given fince the fixth of March, 1 5 j8. be als valid as the Popes Confirmarion wasofbefore, providingthatfuchofthefaids Infeftments as are not confirmed be of none avail, Q. M. p- io.c. 88. That all Fews of Kirk-lands fet either before or after the eighth of March, r s Ji- be brought in and confirmed for the rates mentioned in the Aft; And that all fuch Fews fet or to be fet, andnotcontirmed, be null by way of exception, and alfo reducible at the inftance of the Kings Advocat, for this fole reafon, la, i. p 9. cap. 7. . But this Aft as to all Fews fet preceeding the eight of March, 1 5 5 s. in this man- nercorrefted, That all Fews fet by Prelars, of old being authorized by the fub- lcription of King James the Fifth, or any of his Predeceflbrs and their Privy Seal, are declared to begood, valid, lawful, and perteft, and as effeftual as if the Pope or Kings moft folemn confirmation were therewith produced , la. 6. par. 1 j : cap. 187. That no ereftion of Kirk-lands, or Teinds in Temporal Lordlhips, made fince the Aft of Annexation, 1587. beRatified; And that none be made in time com- ing declaring the fame to be null. Excepting all Ereftious of parts 6f Kirk-lands already Erefted in favours of fuch who fince the Aft of Annexation have been made folemn by Lords of Parliament, by Belting and other Ceremonies, and have litcn therein, la. 6. p. 1 z. c. 1 19. Al!