Page:The Laws and Acts of Parliament of Scotland.djvu/640

 yo The fecond Sefsim of the jirfi Parliament of for the prefervation of Truth, Order and Unity, and moil fuitable to Monarchy and the Peace and Qui- et of the State. Therefore, His Majefty with advice and confent of his Eftates of Parliament, hath thought it neceflar, and accordingly doth hereby Redintigrat the State of Bifhops to their ancient places and undoubted priviledges in parliament, and to all their other accuilomed Dignities, priviledges and Jurifdi- ctions ; and doth hereby Reftore them to the exercife of their Epifcopal Function, prefidence in the Church, power of Ordination, inflicting of Cenfures, and all other Aits ofChurch-difcipline, which they are to perform , with advice and afsiftance of fuch of the Clergy as they fhall find to be of known loyalty and pru- dence. And, his Majefty with advice forefaid, doth Revive, Ratifie and Renew all Acts of any former Parliaments, made for the eftablifhment , and in favours of this ancient Government. And cloth Ra- tifie and approve all Acts and Proclmations emitted by his Majefty or His Privy Council, fince the iirft day of June lad, in order to the reftitution of Bifhops. And further it is hereby Declared, that whatever lhall be determined by his Majefty, with advice of the Arch-biihops and Bifhops , and fuch of the Clergy as fhall be nominated by his Majefty, in the external Government and Policy of the Church ( the fame confifting with the Handing Laws of the Kingdom ) fhall be valide and effectual. And his Majefty, confidering how neceflar it is , that all doubts and fcruples , which from former Acts or Practices may occur to any concerning this facred Order, be cleared and removed , Doth therefore, of certain knowledge, and with advice forefaid, Refcind, Cafs and Anniill all Acts of Parliament, by which the fole and only power and jurifdiction within this Church , doth ftand in the Church , and irs the general, provincial and presbytenal Aflemblies , and Kirk-Seffions ; And all Acts of Parliament or Council which may be interpreted to have given any Church-power, Jurifdiction orGovernment,to theOffice- bearers of the Church, their refpective Meetings , other then that which acknowledged! a dependance upon, and fubordination to the foyeraign Power of the King , as Supream ; and which is to be re- gulated and authorized, in the exercife thereof, by the Arch-bilhops and Bifhops who are to put or- der to all Ecclefiaftical matters and caufes, and to be accountable to his Majefty for their Adminiftra- rions. And particularly, his Majefty with advice forefaid, doth Refcind and Annull die firft Act of the twelfth Parliament of King James the fixth , holden in the year , one thoufand , five hundred and ninety two, and Declares the fame, aud all the heads, claufes and articles thereof, void and null, in all time comming. And His Majefty, confidering, that the Jurifdiction of the Commiflariots is a pro- per part of the Rights and Priviledges belonging to the Bifhops, Doth therefore , with advice forefaid , Reftore the Arch-bifhops and Bifhops to their faid jurifdiction of Commiflariots, according to the fixth Act of the Parliament, one thoufand, fix hundred and nine , which is hereby Ratified and Renewed : And accordingly Ordains, that in all time comming the Quotes of Teftaments be payed in to the Arch-Bifliops and Bifhops, in their refpective Dioceffes , as formerly ; and Refcinds and Annuls the twenty eight Act of the laft Seffion of this prefent Parliament, anent the Quotes of Teftaments , and declares the fame void in all time comming. It is alwayes hereby Declared, that this Act is without Prejudice of the prefent Commiflaries, their Clerks and Fifcals , their enjoying their Places and bene- fits thereof, conform to their Gifts and Laws of this Kingdom ; unlefs, for their infufficiency or mifde- meanors, they be found uncapable of the fame. Further, His Majefty , with advice and confent forefaid, Statutes and Ordains , That no Act, Gift , or Deed , palled by whatfoever Authority , fince the interruption of the Government by Arch-bifhops and Bifhops, in the year one thoufand, fix hun- dred and thirty feven, to the prejudice of their Rights, Patronages, Admiralities, Superiorities, Rents, Pofleffions and Jurifdictions pertaining to thefeveralBifliopricks, ftand valide or be in force. But that the faids Arch- bifhops and Bifhops may have their Claim, Right and Pofleffion, for the year one thou- land, fix hundred, and fixty one, and all years following, to whatfoever was pofleft by, or by the Laws of the Kingdom was due to their Predeceflbrs in anno, one thoufand, fix hundred, and thirty fe- ven ; and that notwithftanding of any donation or rights made to Colledges, Churches, Corporations, Minifters, or any other perfons, fince the year one thoufand, fix hundred, and thirty feven, by what- foever Order, Deed ot Warrand, excepting as is aforefaid, in favours of Commiffaries, Clerks and Fif- cals: And whereas, divers perfons having right to Lands, Annualrents, or fome other eftate holden formerly of Bifhops, or who had fucceeded or acquired Rights to the faids Lands , and others of the nature and. holding forefaid, have been forced , during the late troubles , there being no other way or fuperior for the time, to obtain themfelves infeft therein, holden of His Majefty or his Royal Father, or of their Donators, having right for the time ; and to that effect did take Precepts out of the Chance- ry, and to pafs Infeftments under the great. Seal, and to obtain Precepts and Charters from the faids other perfons who had right to their Superiorities for the time. And His Majefty being graciouf- 1 ly pleafed, that fuch Rights and Infeftments as , for the time , were necefiary and of courfe taken and paft in manner forefaid, fhould not be prejudged; Therefore it is ftatute and declared, That all per- j fons, who, fince the beginning of the Troubles, in the year one thoufand, fix hundred and thirty eight, J are entered or infeft by his Majefty or his Royal Father, by the pretended Authority for the time; or any other perfon having right from them in any Land or Eftate holden immediatly of the Bifhops be- fore the faids troubles, fhall now hold the fame of the Arch-bifhops and Bifhops, their lawful Superi- ors, in the fame manner as they, their Predeceflbrs and Authors, held the fame before the late trou- bles.