Page:The Laws and Acts of Parliament of Scotland.djvu/420

 39 8 KING JAMES THE S E X T denunciation and intimation to be made, asfaidis, OUR faid SOVERAIGNE LORD, andE- llaites forefaids, declares that whafoever thereafter fhall wittinglic and willinglierefet any of the faids per- ,, -,2 Tons, either privatlie or pubiictlie-, that the faids refetters mall incurre the paines contained in the faids Ads, memt'ertof they being lawfullic convict thereof. And that the a<& made in his Heighnes fi rft Parliament T bearing that court and nonc t ^ t profefle not the true Religion prefentlie profeffed within this Realme may be Judge, Procuratour or vbalfome- member of court, be extended to all and whatfomever offices , without any exception or reflricHon in all time ver Jhouid commins. And for the better execution of the faids acls, O U R faid SOVERAIGNE LORD, and RehvoJ 1 " Eftaites forefaids, commands and ordeins all Archbifliops, Bilhops & Presbytries to call before them the faids Papifts, Jefuites,Seminarie Priefts and their refetters, every ane within their awn bounds^ and to take tryell and cognition if they have contraveined the faids acts or any part thereof. And according as they finde after due tryell and probation, that they report the fame to his Heighnes Advocat and Secret Councell ; to the effecl they may be called and conveined before them , and puniflied according to the faids acls in all poynts. ■6. ts&t of the Commijfariates audjurifdkt ion given to Archbifmps and Bifoops. OUR SOVERAIGNE LORD, Underftanding that in all well governed Republicks, thejurift diction Civill and Ecclefiaftick are feverall , diftincl and divers jurifdictions , whilk aught to be admi- niftratbytheperfonstowhomthefameproperliebelangs; and according to his Heighnes moil loving and princelie affection borne alwyfe to the Chriftian Reformed Kirk within this Realme, being maift willing that the faid Kirk fhould bruike and joyfe their liberties, priviledges, fredome and jurifdiclion granted to them by his Majeftie (from whom onely their temporall jurifdiclion doth flow) and inthatregarde bclanging to them as being ane of the Eftaites of Parliament maift necefTare to be maintained for giving of their advyce, Coun- iell and afli fiance in all his Majefties great and waightie affaires, hes with exprefle advyce and confent of the Eftaites of Parliament, reftored and redintegrate the Archbifliops and Bifliops of this Realme to their former authoritie, dignitie, prerogative, priviledgesandjurifdiclionslawfullie pertaining, andfhallbeknavvneto pertaine to them (alwyfe flowing from his Majeftie, alfwell as any other ordinate jurifdiclion doth) and fpe-> ciallie to thejurifdiction of Commifiariates, and adminiftration of Juftice by their commiffioners and deputies Deputies or * n a 'i Spiritual! and Ecclefiafticall caufes contravertedbetwene any perfons dwelling within the bounds and commijjk- diocies of their prelacies and Bifliopricks ; With full power to the faids Archbifliops, Bifliops and their Suc- quainted with the Law and practick of this Realme, to ferve and adminiftrat Juftice in the faids places of Ju- c/jkLr"? dicatorie, to conftitute Clerks and all other under officers fa oft as the fame fliallvaik by diniifllon, deceafe, deprivation or othcrwyfe, and to provide others in their places , with as great freedoms and libertie as any Archbifliops or Bifliops in this Realme formerlie hes done. Whiiks Cornrhiflares to be nominat and create by them , fliall Judge and decyde in all caufes belanging to their judicatorie. And wherein the Commiffares prefentlie in office are in ufe to decyde , keeping the fame ftyle and forme whilk is prefentlie obferved, and that manner of proceeding whilk fliall be prefcry ved and injoyned to them by fpeciall injunctions without any al- teration of the prefent Lawes , or introduction of new and uncouth practicks upon the fubjects and leiges, C " K ^tT' ant ^ ^ la ^ ^ iave P mver of confirmation of Teftaments every ane of them within their awn bounds. The Quotes matt. ' thereof to be payed to the Archbifliops, Bifliops, their Chamberlanes, Factors and under-receavers ap- sjtotes of poy nted by them. For the better effectuating whereof, his Majeftie and Eftaites of Parliament , ordeins let- rejiamenti. ters of Horning to be given and granted by the Lords ofSeffion in that fame very fort that the Commiffares letters of prefent lies it, for execution of all their fentences and decreits whilk fliall happen to be pronounced by them, vivone. f brnierlie hes bene dene. And for mainteining ail things in better order, and the reftraining of unlawfull Di- ment. vorcements, over frequentlie practifed within this Realme , to the heigh difhonour of God and flander of true Religion. His Majeftie with advyce and confent forefaids hes ftatute and ordeined, that in the Burgh of w"TEdtn- Edinburgh there fliall be refident alwyfe foure Commiffares , twa to be nominat and appoynted by the Arcli- burgh. bifliop o£Sanct-iy4ndroes , and twa by the Archbiihop o£Glafg(nv, wha fliall have the onely power to decide in all caufes of divorcement. As lykwyfe fliall have* power of reduction of all decreits pronounced by any other ■ReiMon Commiffares, to the hurt and prejudice of any of i he leiges; before whom it fliall be onely lawfull to intend ej demits. anc | p er f cvv reductions ofinferiour Commiffares their fentences and decreits in prima injiantia. And in cafe the faids Commiffares to be appoynted by the Archbifliops olSanct-^Androes and Glafgow , as faid is , per- forme not their duetie , the Lords of Sefiion fliall have power to try , cognofce and determine in the fame ; and ihall Judge upon all decreits and fentences ailedged to be wrangouflie pronounced by them. And that becaufe they are his Majefties great Confiftorie, to whom his Heighnes with advyce of the faids Eftaites , gives and 'Mvom;- grants ane heigh fupreme Commiffion for all fk caufes, to Judge and determine of them in fik caufes. And tmof^m. declares that it fliall be lawfull to the faids Lords of Councell and Seffion, to Advocat caufes to themfelves ow * from any of the Commiffares, upon juft and lawfull complaints made to them by any of the fubjects, and not otherwyfe. Pro vy ding alwyfe, that the faid Sefiion fhall ever be rcadie to give ane accompt to his Maje- ftie, that their Advocations have bene grounded upon probable and lawfull grounds for the well of the fub- offoZfr jects. And that this forefaid Act may be put in prefent effect, his Majeftie with advyce forefaid , declares all commiffa- former erections of Commifiariates to be luppreffed and extinct from this forth and for ever, all conftitutions """• thai
 * "■ ceflbursin all tyme hereafter, to nominat and create fufficient, wife, difcreit and learned men, beft ac-
 * ""**' and compelling of perfons to enter and confirme the Teftaments of their defuncts in the very fame maner that