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B00661 Certaine acts particularlie recommended by our most gratious and sacred soveraine to the Estates of Parliament of the Kingdome of Scotland, and by them, after graue and mature advisement and deliberation hartilie imbraced, concluded: and the 20. day of Iune 1609. inacted to stand for perpetuall lawes in all time to come: with most humble thanks to God for so wise & carefull a prince and ruler, and most earnest prayer for His most excellent Majesties long raigne in all prospetitie [sic]..; Laws, etc. Scotland.; James I, King of England, 1566-1625. 1609 (1609) STC 21892.7; ESTC S95076 13,099 18

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CERTAINE ACTS PARticularlie recommended by our most GRATIOVS AND SACRED SOVERAINE TO THE Estates of Parliament of the Kingdome of Scotland and by them after graue and mature advisement and deliberation hartilie imbraced concluded and the 20. day of Iune 1609. inacted to stand for perpetuall lawes in all time to come with most humble thanks to God for so wise carefull a Prince and Ruler and most earnest prayer for his most Excellent Majesties long raigne in all prospetitie KYSTITIA SVVM CVIQVE RELIGIO DEVM COLE HIS SVFFVLTA DVRANT H C PRINTED AT EDINBVRGH BY ROBERT CHARteris Printer to the Kings most Excellent Majestie 1609. Cum Privilegio Regiae Majestatis Act anent choosing of Pedagoges to children passing fourth of Scotland to schooles FOrasmuch as our Soveraine Lord and Estates of this present Parliament Considering that one of the great causses which hes procured the grouth and increase of Papists within this kingdome hes proceeded from the small care and regarde that hes bene had of the education and vpbringing of the youth who being sent forth of the realme to places of contrarie profession and not being first well grounded in religion and accompanied with Pedagoges scarce well affected to religion they doe often returne back so possest with superstition and hereticall errors as they may be justlie suspected for dangerous subjects in the estate For preventing of which grouth and increase of defection from the trew faith by the occasion foresaid Our said Soveraine Lord and Estates foresaids Ordaines that all such Noble men and others who hereafter shall direct anie Pedagoges with their sonnes out of the countrie shall be holden by vertew of this present Act to haue a sufficient testimoniall of the Bishop of the diocie where the said Pedagoge for the most part latelie before made his residence Testifying and approouing the said Pedagoge to be godlie and of good religion learned instructed in the same And if anie Nole man or other shall happen to send anie Pedagoge with their sonnes out of the countrie without the testimoniall and approbation of the Bishop in maner aboue written In that cace our saide Soveraine Lord and Estates foresaids Declares statutes and ordaines that everie such Noble man and others according to their severall degrees and ranks shall incur the paines particularlie vnderwritten viz. everie Earle fiue thousand pounds everie Lord fiue thousand marks and everie barron three thousand marks which summes shal be intrometted with vplifted of them by his Majesties Thesaurer his depute to his Highnes vse Providing incace it shal happen the Bishop of that diocie to refuse to grant testimonial to the Pedagoge vpon the premisses the said Bishop thereafter being lawfullie summoned to compeere before the Lords of his Highnes Secreete Counsell to answere to that complaint and show not a reasonable cause of that his refusall Than and in that cace it shall be lawfull to the Lords of secreet Counsell to giue their testimoniall to the foresaid Pedagoge to the effect aboue written Act against children that becomes papists when they are out of Scotland OVr Soveraine Lord and Estates of this present Parliament Ordaines the Noblemen Barons and others to haue a speciall care and to giue order and direction that the remaining of their sonnes forth of the countrie shall be in places where Religion is professed or at the least where there is no restraint of the same by the crueltie of Inquisition and that during the time of their absence they shall not haunt any idolatrous exercise of religion And that such persones as hes not the moyen to intertaine with their sonnes a Pedagoge shall send them to such places where religion is professed And incace their sonnes after their departure out of the countrie shall haunt the exercises of contrarie religion Our said Soveraine Lord and Estates foresaids ordaine that their parents or such others as hes the charge of them shall be straited to find caution acted in the bookes of secreet Counsel vnder such paines as shall be modified that they shall not supplie intertaine nor furnish them with any thing necessare or comfortable vnto them after that it be knowne that their sonnes are become papists and haunts Idolatry contrarie to the religion presentlie professed within Scotland except their resonable expensses in recalling and bringing them to this Realme of Scotland Act anent excōmunicate persones not to inioy their lands rowmes and possessions OVr Soveraine Lord and Estates of this present Parliament Considering that whereas there is divers persones who are excommunicate for not conforming themselues to the trew religion presently professed and do notwithstanding stil injoy the possessions of their lands rents and living eyther directlie in their owne persons or covertlie in the persons of their friends and wel-willers to their vse behoofe to the couraging of them to persist in their pernitious and erroneous opinions to the frustrating of the execution of the acts and constitutions made against excommunicants heretofore Therefore our said Soveraine Lord and Estates foresaids Declares statutes and ordaines That no persons whatsoever who are alreadie or hereafter shall happen to be excommunicate for not conforming themselues to the Religion presentlie professed within this kingdome shall be suffered eyther directlie in their own persons or covertlie and indirectlie by any others in their names and to their behoose injoy the possession of their lands rents and revenewes But that the same shal be medled with intrometted with and vplifted to his Maiesties vse Act giuing command to Bishops to send the names of excommunicate persones to the Thesaurer and to the Director of the Chancellarie OVR Soveraine Lord and Estates of this Present Parliament considering that to the effect everie mans affection disposition in his religion may be clearly and sufficiently knowne Therefore our said Soveraine Lord and estates foresaids Satutes and ordaines that everie Arch bishop and Bishop within the bounds of his owne diocie shall once everie yeere giue vp to the Thesaurer Comptroller Collector and their deputes and to the Director of our Soveraine Lords Chancellarie a Roll subscriued with his hand containing the names of all such persones within his diocie who are excommunicate for religion and ordaines the said Thesaurer and his deputes that they receiue no resignations nor grant confirmations nor infeftments to nor in favors of anie of the persones whose names shall be contained in the said Roll And that the Director of the Chancellarie and his deputes giue out no breeues receiue no retoures nor direct no precept vpon retoures nor vpon comprysings in favors of any of the saids persones whose names shall be insert in the said Roll at no time thereafter while the said persone or persones produce vnto the said Thesaurer Comptroller Director of the Chancellarie and their deputes a sufficient testimonial subscriued by the said Archibishop or Bishop testifying their relaxation from the said excommunicatiō and their obedience and satisfaction to the Kirk as the
said Thesaurer Director of the Chancellarie and their deputes will be answerable to his Maiestie vppon the dewtie of their office And likewise our said Soveraine Lord and Estates foresaids Declares that it shall be lawfull to all Lords of Regalities and to all superiors whatsomever within this Kingdome To refuse breeues and preceptes of clare-constat in favors of anie person or persons whose names shall be insert in the said Roll As also to refuse the entrie of Tennents vppon comprysing whose names are insert in the same Roll. Act against Iesuites Seminarie Preefts and resetters of them OVR Soveraine Lord and Estates of this present Parliament Considring the impunitie of Iesuites Seminarie Preests and other papists adversaries to the trew Religion professed in this realme and their resetters in times bygone hes bene the cause as well of their increase as of their insolence in all the parts of this realme And that the same hes proceeded partlie vppon the negligent execution of the Actes of Parliament made against the said Papists Iesuites and Seminarie Preestes and their resetters and partlie vpon some obscuritie of words in the saids acts Therefore our said soveraine Lord and Estates foresaids most willing to haue the saids acts put to dew execution in all points and Papistrie and superstition vtterly suppressed according to the intention of the same Hes ratified approued and confirmed and by the tenor of this present act Ratifies approues confirmes all whatsomever acts of Parliament eyther made in his Highnes minoritie and lesse age or else since his acceptation of the governement in his own person against Iesuites Seminarie Priests Papists sayers hearers of Masse resetters of the saids persons or any of thē decerns and ordaines the same to haue full strength force and effect and to be put to dew execution in all time comming with these explanations after following That the saids acts made against hearers and sayers of masse shal be put to dew execution and be extended to all hearers and sayers of Masse without any exception or restriction As likewaies that all acts made of before against the resetters of the saids persons haue their full force strength and effect and be put to dew execution against the said resetters after lawfull intimation and denunciation be made of the saids persons which denūciation and intimation his Highnes and the estates foresaids declares to be sufficient to cause the saids resetters of the saids Papists Iesuites Seminarie Priests and others conteined in the saids acts Incur the paines therein conteined if the same be made at the head burgh of the shyre where the saids persons remaines and at the mercat crosse of Edinburgh without anie farther intimation to be made thereanent After the which denunciation and Intimation to be made as saide is Our said Soveraine Lord and Estates foresaids Declares that who soever thereafter shall wittinglie willinglie reset anie of the saids persones eyther privatlie or publictlie that the saids resetters shall incur the paines conteined in the saids acts they being lawfullie convict thereof And that the act made in his Highnes first Parliament bearing that none that professe not the trew religion presentlie professed within this realme may be Iudge Procurator or member of court Be extended to all and whatsomever offices without any exception or restriction in all time comming And for the better execution of the saids acts Our said Soveraine Lord and Estates foresaids Commands ordaines all Arch-bishops Bishops and Presbytries to call before them the saids papists Iesuites Seminarie Priests and their resetters everie one within their owne bounds And to take tryall and cognition if they haue contraveened the saids acts or anie part thereof And according as they finde after dewe tryall and probation That they report the same to his Highnes Advocate and secreete counsell To the effect they may be called and conveened before them and punished according to the saids acts in all points Act of the Commissariates and iurisdiction giuen to Arch-bishops Bishops OVr Soverain Lord vnderstanding that in all wel governed republicks the iurisdiction civil ecclesiastick are severall distinct divers iurisdictiōs which oght to be administrat by the persons to whom the same properly belongs and according to his Highnes most loving princely affection borne alwaies to the christian reformed Church within this realme beeing most willing that the said Church should brook and ioise their liberties priviledges fredome and iurisdiction granted vnto them by his Maiestie from whom onlie their temporall iurisdiction doth flow and in that regarde belonging to them as being one of the estates of Parliament most necessare to be maintained for giving of their advise counsell and assistance in all his Maiesties great and weightie affaires Hes with expresse advise and consent of the estates of Parliament restored and redintegrate the Arch bishops and Bishops of this Realme to their former authoritie dignitie prorogatiue priviledges and iurisdictions lawfullie pertaining and shal be known to pertaine to them alwaies flowing from his Maiestie aswell as anie other ordinar iurisdiction doth and speciallie to the iurisdiction of commissariates and administration of iustice by their commissioners and deputies in all spirituall and ecclesiastical causes contraverted betwene any persones dwelling within the bounds diocees of their prelacies and bishopricks with ful power to the saids Arch-bishops Bishops and their successors in all time hereafter to nominate creare sufficient wise discreet and learned men best acquainted with the law and practick of this realme to serue and administrate iustice in the saids places of iudicatorie to constitute clarks and all other vnder-officers so oft as the same shal valk by dimission decease deprivation or otherwaies and to provide others in their places with as great freedome and libertie as anie Arch-bishops or Bishops in this realme formerlie hes done Which commissares to be nominate and create by them shall iudge and decide in all causses belonging to their iudicatorie and wherein the commissares presentlie in office are in vse to decide keeping the same style and forme which is presentlie observed and that manner of proceeding which shall be prescrived and inioyned to them by speciall iniunctiones without anie alteration of the present lawes or introduction of new and vncouth practicks vpon the subiects and lieges and shall haue power of confirmatiō of testaments every one of them within their own boūds the quotes thereof to be payed to the Arc-hbishops Bishops their chamberlaines factors and vnder-receivers appointed by them For the better affectuating whereof his Maiestie and estates of Parliament ordaines letters of horning to be given and granted by the Lords of Session in that same verie sort that the Commissares present hes it for executiō of al their sentences decrets which shall happen to be pronounced by them compelling of persones to enter and confirme the testaments of their defuncts in the very same maner that formerlie hes bene done And
gaue so great grouth and strength to that bypast barbaritie as the slouth of magistrates in not suppressing the first seeds of these dissentions which being small and weak in the beginning for Peets turves devits fold-dykes poyndings neighborlie marches injurious words or light brawles were then easilie to be setled if diligence and authority had beene ioined for repressing thereof which being neglected by these to whom it appertained these light jarres and insolences did very oft kindle such flames of disorder dissention rank or and feed as in many yeeres with great streames of bloud desolation and ruine of great and auncient houses and races could hardlie be quenched For remeed whereof his Maiestie and estates foresaids Ratifies and approoues the former act made by his Highnes for abolishing deadlie feeds in everie head clause and artickle thereof And farther statutes and ordaines that in everie shyre within this kingdome there shall be yeerely appointed by his Maiestie some godlie wife and vertuous gentlemen of good quality moyen and report making residence within the same in such number as the bounds of the shyre shall require to be Commissioners for keeping his Maiesties peace to whō his Maiesty with advise of the Lords of his privie Counsel shal giue power commission to overse try prevent all such occasiones as may breed trouble and violence amongst his Maiesties subiects or forceable contempt of his Maiesties authoritie and breach of his peace and to command all persones in whom they shall see manifest intention to make trouble or disorder eyther by gathering together of ydle and disorderlie persones or by publict bearing or wearing of Pistolets or other forbidden weapons and such other riotous swaggring behaviour to binde themselues and finde caution vnder competent paines to obserue his Maiesties peace and for their compearance before his Maiesties Iustice or Lords of his privie Counsell to vnderly such order as shall be found convenient for punishing their transgressions or staying of troubles and enormities And if needs bees to require the dewtifull and obedient subiects of the shyre to concurre with them in preventing all such contemps and violences or for taking or warding of the wilfull and disobedient authors committers fosterers of these crimes disorders vnder such competent arbitrare paines as his Maiestie and Lords of his privie Counsel shall appoint for the offenders and such of the countrie as being required shall not giue their ready and afolde concurrance to his Maiesties commissioners in the premisses whereby the ordinare magistrates officers within the shyres may be the better assisted and their absence imployments or other impediments more commodiouslie supplied without derogation of their iurisdiction or want of readie comfort and iustice to the obedient subiects within the bounds thereof Ordaining also the saids commissioners to giue trew advertisement and information to the Lords of his Maiesties privie Counsell Iustice generall and his deputes his Maiesties Thesaurer and other magistrates and officers whom it effeires of the names of such faithfull and vnsuspect witnesses and assyssers to be sommoned in all crimes and disorders which shall happen to fall forth within the saids shyres as shall be knowne to be most meete and able for tryall and probation of the same and for eschewing that such as are either aged sicklie or vnable to travell or ignorant of the facts to be tryed be not vniustlie vexed or vnnecessarly drawne from their owne houses and effaires for matters wherein they are not able to give anie light Act of the apparelles of Iudges Magistrates and Church-men OVR Soveraine Lord and Estates of this present Parliament finding by daylie experiences that the greatnes of his Maiesties empyre magnificence of his Court fame of his wisdome and iustice and of the civilitie of his subiects hes already begun to allure divers foraine Princes and other strangers of all estates to make more frequent repaire to this country nor ever they did in anie preceeding age which resort of strangers will by all appearance both continue and dayly more and more increase and by them no doubt report wil go through al the world of the estate governement of the kingdome according to the order which they shal see observed within the same wherof the rules and good exemple flowing from the estates of Parliament and magistrates to the whole remanent subjects of the realme It is most necessare that such gravitie and comelines be vsed by the Lords and Commissares of Parliament and other magistrates in their apparell behaueor as may best deserue the good report and trew commendation of all Princes Noble men other strangers who shall haue occasion to see relate the same The respect whereof having induced his Maiestie to prescriue to the Nobility apparel for the Parliament becōming their honorable estate And vnderstanding that the remanent members of that high Court hes not cōformed themselues to like conveniencie neither yet that the course intended by his Maiestie for discharging noble men and gentle men to be elected Provosts and magistrates of burrowes whereof none should be capable but burgesses actuall trafickers and inhabitants of the saids burrowes hes taine such effect as is most necessare for preservation of the liberties good estate of the saids burrowes hindring the dissipation of their common good and perverting of their priviledges For remeede whereof his Maiesty with advise of the estates of his Hignes Parliament Statutes ordaines that no man shall in anie time comming be capable of Provostrie or other magistracie within anie burgh of this realme nor to be elected to any of the saids offices within a burgh but marchāts actuall trafickers inhabiting within the saids burghes allanerlie and no others And that the saids magistrates of burrowes to be hereafter elected and their commissioners of Parliament Shall haue and weare at Parliament conventions and other solemne times and meettings when the dignitie shall require it such comelie and decent apparell as his Maiestie shall prescriue convenient for their rank and estate whereby they may be decemed from other common Burgesses and be more reverenced by the people subiect to their charge And because a comelie decent orderlie habite apparell in the Iudges of the land is not onlie an ornament to themselues being a badge mark for distinguishing them from the vulgare sort but the same also breedes in common people that reverence and regarde that is dew and proper for men in these places And this beeing a custome vniversallie observed almost throgh all Europe The want whereof is much censured by strangers resorting in these parts The saids estates therefore vpon infinite proofes they haue of his Maiesties most singulare wisdome in all his directiones and of his gracious loue and affection to this his natiue kingdome Haue in all humilitie referred to his Highnes owne appointment The assigning of anie such severall sort of habite and vestiment as shall be in his Maiesties iudgement most