Page:The Laws and Acts of Parliament of Scotland.djvu/260

 ,,8 KING JAMES THE S E X T ciailie his Hiencs and his Eftaites, considering that in the faidis aflemblies , certaine his mbjectes have taken upon them to juftific, and authorize the fact perpetrat againft his Hienes perfon and Eftate , at Rutbven, and profecuted thereafter, quhill his Majeftie at Gods pleafure , recovered his libertie, having in their pre- tended maner, maid Actes theirupon, keipis the fame in Regifter, and as zit feemisfo allow the faid at- temptat, althoucht now publicklie condemned be his Hienes and Eftaites as treafonable, nane of the au- thors theirof, having craved his Hienes pardon theirfoir. For remeid quhairof, in time cumming , fwa that according to the lovabil act of his deareft Grand-fchir, King James the Fourth, of worthie memorie, all his Hienes lieges (being under his obeyfance) mon be ruled be his awinLawes, andthecommounLawes of this Realme, and be nane uther Lawes : Our Soveraine Lord , and his three Eftaites , in this prefent Parliament, difchargis all judgements , and jurifdictions , Spiritual or Temporal , accuftorned to be ufed and execute, upon ony of his Hienes fubjectes, quhilkis ar not approved be his Hienes, and his faidis thres Eftaites, conveened in Parliament : and decernis the fame to ceafe in time cumming , quhill the ordour thereof be firft feene, and confidered be his Hienes , and his faidis three Eftaites conveened in Parliament, and be allowed, and ratified be them : Certifieing them. that fall proceed in ufing, and exercine; of the faidis judgements, and jurifdictions , or in obeying of the fame , not being allowed , and ratified, as faid is: They fall be repute, halden , called , perfewed , and puniihed as ufurpers , and contemners of his Hienes authorise, in exemple of utheris. And als it is ftatute and ordained, be our faid Soveraine Lord, and his three Eftaites: that nane of his Hienes fubjecles: ef quhat-fum-ever qualitie, eftate, or function they be of. Spiritual or Temporal, prefume or tak upon hand, toconvocate, conveene, or aflemble themfelves •iddcr, for balding of Councclles, Conventions, or Aflemblies, totrea^, confult, and cle^erminat in - y matter of Eftaite, Civile or Ecclefiaftical (except in the ordinar judgements) without his Majefties fpecial o i i aii'demerit, or expreffe licence had and obteined to that effect , Under the paines ordained be the Lawes and actes of Parliament, againft fik ^s unlawfully convocatis the Kingis Lieges. 131. The caufes and maner of deprivation ofCHinifters. UR Soveraine Lord, and his three Eftaites , aflernbled in this prefent Parliament , willing that the word of GOD fall be preached, and Sacramentes adminiftrat inpuritieandfinceritie: and that the rentes, quhairon the Minifters aucht to be fufteined , fall not be poflefled be unwotthie perfones , neglecting ro do the dueties, for quhilkis they accepted their benefices, being utherwaies polluted with the irailland enorme crimes, and vices after fpecified. It is therefoir ftatute, and ordained be his Hienes , withadvife of the faidis three Eftaites-. That all Perfones, Minifters or Readers , or utheris provided to benefices, fen his Hienes Coronation (not having vote in his Hienes Parliament) fufpected culpable of herefie, Papiftrie, fals and erroneous doctrine, commoun blafphemie, fornication, commoun drunkennes, non-refidence, plurality of benefices having cure, quhairunto they are provided fen the faid Coronation, Simonie & dilapidation of the rentes of benefices, contrare the lait Act of Parliament, being lawfully, andordourly called, tryed, and adjudged culpable, in the vices and caufes abone written, oronieofthem, be the or- dinar Biihoppe of the diocefe, or utheris the Kings Majefties commiffioners , to be conftitutc in Eccle- fiaftical caufes, fall be deprived alfweill fra their function in the Miniftiie, as from their benefices, quhilkis fall be therby declared to be vacand, to be prefented and conferred of new, as gif the perfones polTeflors theirof, were naturally dead : And that it iall be efteemed, and judged non-refidence, quhait the perfon being in the function of the Miniftry, provided to ane benefice, fen the Kings Majefties Coro- nation makis not refidence at his manfe, gif he ony hes : And failzeing thereof , at fum uther dwelling place within the Parochin, bot remainis abfent theirfra, and from his Kirk, and ufing of his olUce, be the fpace of four Sabboth dayes in the haill zeir, without lauchfull caufe and impediment, allowed be his ordinar. And quhaironie perfon, is admitted to maa benefices, havandcure, fen our Soveraine Lordis Coronation, the acceptation of the laft, fall be fufficient caufe of deprivation from the remanent , fwa that he be provided to twa , or maa benefices havand cure , fen the time of the faid Coronation. And neverthelefle this prefent Act fall not extend to ony perfon, provided to his benefice befoir the faid Coronation , neither fall the bruiking of that office, quhairunto he was provided of befoir, induce pluralitie of bene- fices in this cafe, bot he fall allanerly tine his richt of the benefice , quhairunto he was provided feu the faid Coronation allanerly : And union of the Kirks to ane benefice, not to be judged pluralitie , quhill farder ordour be eftabhfhed and provided in that behalfe: Like as alfwa, the perfones oeing in the function of theMiniftrie, that fall happen to be lawfullie and ordourly convict befoir our Soveraine Lordis Juftke generall, or utheris their Judges competent, of capital crimes, fik as treafon , flauchter, mutilation, ad- ulterie, inceft, thieft, commoun oppreffion, ufurie againft the Lawes of this Realme, perjurie, or failed: They being likewaies lawfullie and ordourlie deprived fra their function in the Miniftrie, be their ordinar , or the Kingis Commiffioners in Ecclefiaftical caufes. The benefices poflefled be the faidis perfones to vaik , be reafonofthe faid conviction, and deprivation. And this to have effect and execution, onlie for crimes, vices, faultes, andoffenfes, that fall happen to be committed after the daitheirof. 155. That