ΑΝ

ABRIDGMENT

OF THE

ACTS OF PARLIAMENT

RELATING TO THE

CHURCH OF SCOTLAND,

FROM THE

REFORMATION TO THE PRESENT TIMES.

S

a

BLASPHEMY.

WEARERS of abominable oaths to be fined and punished as follows: For the first fault, every Prelate of Kirk, Earl, or Lord, four fhillings; Baron or beneficed man, conftituted in dignity ecclefiaftical, twelve pennies; a landed-man, freeholder, vaffal, feuer, burgefs, and fmall beneficed man, fix pennies; the poor folks, that have no gear, to be put in the flocks, joggs, or imprifoned for the fpace of four hours: And women to be weighed and confidered according to their blood, and eftate of their parties that they are coupled with. For the fecond fault, every Prelate, Earl, or Lord, aucht fhillings; every Baron, or beneficed man in dignity, twa fhillings; every landed man, vassal, feuer, and small beneficed man, twelve pennies; and every craftsman, yeoman, or fervant, aucht pennies; the space of the poor folks imprisonment to be doubled. For the third fault the faid fecond pains to be doubled; and, for the fourth and laft fault, the offenders to be banished or put in ward for the fpace of year and day at the King's will. And fick like, all other eftates after their quality to be punished ef feirandly, and the forefaid pains to be uptaken and applied to the use of the poor folks. James VI. 1581.

TH

COMMUNION.

HE parfons of all parish kirks ordained to furnish bread and wine for communion, James VI. 1572. Every parish kirk ordained to be provided with bafons, and lavoirs for the miniftration of the Sacrament of baptism, and of cups, table, and table-cloaths for the miniftration of the holy Communion at the expence of the parifhoners. The fame to be received by the minifter for that use; and he, his heirs and executors to be liable

for them in cafe they be loft, or put to a profane ufe, James VI. 1617. All Subjects appointed to communicate once every year, James VI. 1600.

CONFESSION OF FAITH.

HE Confeffion of Faith ratified, and all Acts of Parliament contrary to it, refcinded, James VI. 1567. All laws, ftatutes, and acts of parliament made against Popery and Papists revived, ratified and perpetually confirmed; and the Westminster Confeffion of Faith voted and approv ed by parliament, as the public and avowed Confeffion of this church. W. and M. 1690.

W

CONGREGATION.

HATSOMEVER perfon makes perturbation or impediment is the kirk, and will not defift therefrom, shall incur the pains as after follows: for the first fault, a Prelate, Earl or Lord, ten pound; a Baron or perfon conftituted in dignity ecclefiaftical, five pound; a vaffal, freeholder, burgefs or small beneficed perfon, fourty fhillings, and poor folks that have nae gudes, to be put in prifon for fifteen days, to faft on bread and water; and for the fecond the doubling thereof, and for the third fault, warding of their perfons, or banifhment for year and day. Bairns that perturb the kirk, to be leifhed: May 1551. The perturbing of the order of the kirk in the time of divine fervice to be a point of dittay, and the perfons convicted thereof to tyne all their moveable gudes, which shall be efcheated to our Sovereign Lord: James VI. 1587.

A

FORNICATION.

LL perfons who commit the filthy vice of Fornication, and are convicted thereof, shall be punished in manner following: for the first fault the man as well as the woman fhall pay the sum of fourty pound, otherwise both fhall be imprifoned for the space of eight days, and be fed on bread and fmall drink, and afterwards fhall be prefented at the market-place of the town or parish bare-headed, and there ftand faftened for the space of two hours: For the second fault they fhall pay the fum of an hundred marks, otherwife the days of their imprisonment fhall be doubled, and their food shall be bread and water allenarly; and in the end they shall be prefented at the market-place, and the heads of both shall be shaven: For the third fault they fhall pay an hundred pounds, or elfe their imprisonment fhall be tripled, and their food be bread and water allenarly; and in the end they shall be taken to the deepest and fouleft pool or water of the town or parish, and be there thrice dowked, and afterwards banished the town or parish forever. The pecunial pains which shall be received, fhall be keeped in a close box and converted AD PIOS USUS in the parts where the crime was committed, James VI. 1567. 1649. 12.

All laws and acts of Parliament againft Fornication and uncleannefs renewed and confirmed: W. and M. 1690.

All laws and acts of Parliament against Fornication and profaneness again revived and ratified, and perfons guilty of it ordained to be profecuted, and the fines impofed to be inftantly paid to the parish collectors for the poor,

or the party to be imprifoned till fufficient caution be found for the payment of them; and no pretence of different perfuafion in matters of religion, fhall exeem the delinquent from being cenfured and punished for fuch immoralities. W. 1696. Oct. 9th. ́

M

GLEBE

INISTERS fhall pay no tiend for their Glebes or kirklands extending to four acres of land, James VI. 1578.

The acts of Parliament anent manfes and Glebes extended to Abbays and Cathedral kirks, fo that minifters prefently admitted, or who fhall hereafter be admitted to the office of the miniftery within faid kirks, thall have four acres of land lying moft contiguous to the manfe, and which before pertain ed to the abbay or to any member thereof. James VI. 1582.

Where there has been no Glebe of old, or where it has been within the quantity of four acres; the defignation fhall be made out of the parfon, vicar, abbot or prior's lands: and failing thereof, out of the bifhop's lands, friar's lands, or any other kirk lands lying within the bounds of the faid parish, James VI. 1593.

Where there are no kirklands within the parish, or where the fame are mortified to univerfities, Tchools or hofpitals, it fhall be lawful to defign a Glebe to the minister out of any other land, or out of grafs where there is no arable land, most commodious and nearest to the kirk. And the whole heritors of the parish muft contribute proportionally for a recompence to the heritor whofe land is defigned for the Glebe, viz. heritors of kirk-lands when kirk-lands are defigned; and all the heritors of the parish when other lands are defigned. 1644. 31.

It is fpecially provided, that in all defignations of Glebes, incorporate acres in village or town where the heritor hath houses and gardens fhail noz be defigned, he giving always other lands neareft to the kirk. Cha. II. 1663. NOTE. Trees growing upon the Glebe are the property of the minifter, and may be difpofed of by him for his own advantage. Humbie, 1791.

GOVERNMENT OF THE CHURCH.

T fhall be lawful to the Kirk and Minifters, every year at least, and of blies, providing that the King's Majesty or his Commiffioners with them to be appointed by his highnefs, be prefent at every General Affembly, before the diffolving thereof, and nominate and appoint time and place, when and where the next General Affembly shall be holden; and in cafe neither his Majefty nor his faid Commiffioners be prefent for the time in that town where the General Affembly is holden, then, and in that case, it shall be lawful to the faid General Affembly, by themfelves, to nominate and appoint time and place where the next General Affembly of the Kirk fhall be kept and holden. Synodical and Provincial Affemblies appointed to be holden by the faid Kirks and Ministers twice every year, as they have been and are in ufe prefently to do. Prefbyteries, and particular Seffions, appointed by the faid Kirk, ratified and approved with the hail jurifdiction and difcipline thereof. James VI. 1592,

F

Epifcopal form of Church Government abolished, and all civil power con ferred upon ecclefiaftical perfons declared unlawful, 1640. 4.

The ftate of Bishops reftored to their ancient places and undoubted pri vileges in Parliament, and to all other accustomed dignities, privileges, and jurifdictions; and to the exercife of their episcopal functions, prefidence in the Church, power of ordination, inflicting of cenfures and all other acts of Church difcipline which were to be performed with advice and affiftance of fuch of the Clergy as were of known prudence and loyalty. Cha. II. 1662. A national Synod or Affembly conftituted, and the members of whom it is to confift, and the matter of which it is to treat, appointed. Ch. II. 1663, Prelacy abolished, and all fuperiority of any office in the Church above Prefbyters, declared to be a great and infupportable grievance to this na tion, and contrary to the general inclinations of the people. W. and M. 1689.

The Prefbyterian Church Government and Difcipline ratified and confirmed, that is to fay, the Government of the Church by Kirk Seffions, Pref byteries, Provincial Synods, and General Affemblies. W. and M. 1690. The Prefbyterian form of Church Government and Difcipline further ra tified and confirmed. W. 1700. Q. Ann, 1702, and 1703.

The fame established and confirmed, and declared that it fhall continue without any alteration to the people of this land in all fucceeding generations. The Prefbyterian Government declared to be the only Government of the Church within the kingdom of Scotland; and that pursuant to the claim of right it fhall remain and continue unalterable; and that none of the fubjects of this kingdom shall be liable to, but that all and every one of them fhall be forever free of an oath, teft, or subscription within this kingdom that is contrary to, or inconfiftent with the forefaid true Proteftant Religion and Prefbyterian Church Government, Worship, and Difcipline as above establifhed. Q. Ann. 1707.

THE

JURISDICTION OF THE CHURCH.

HE examination and admiffion of Minifters declared to be only in the power of the Kirk now openly and publicly profeffed within this realm. James VI. 1567.

All schools to burgh and land, all univerfities and colleges appointed to be reformed, and that none be admitted to have charge and cure thereof in time coming, nor to inftruct the youth privately or openly, but fuch as fhall be tried by the fuperintendants and vifitors of the Kirk. James VI. 1567.

The Jurifdiction of the Kirk declared to confift in the preaching of the true word of Jefus Chrift, correction of manners, and administration of the holy facraments; and that there is no other face of Kirk, nor other face of religion, than is presently by the favour of God established within this realm; and that there is no other Jurifdiction ecclefiaftical acknowledged than that which is, and fhall be within the fame Kirk. James VI. 1579.

As the Jurifdiction and Judicaturies of the Church are confirmed and eftablished in General Affemblies, in Synods, in Prefbyteries, and in the par ticular Seffions of every Kirk and parish; and as a number of obftinate and ftubborn people in different parishes of the land have contemned and daily

contemn the sentences of faid Affemblies and Judicatures of the Kirk, espe cially in landward parishes where there is little or no concurrence of magif trates to punish obftinate and difobedient perfons; therefore it is ordained, that in cafe any of the fubjects within this realm, refufe to obey the decreets of faid Affemblies and Judicatures in any time to come, the faid Judicatures fhall direct their beedle to the perfon or perfons difobedient, charging and commanding them, in the name of God and of the King, to obey their decreet; and if the faid charge be contemned, the Minifter of the parish where the perfon or perfons fo doing refide, fhall three feveral Sabbath days, from the pulpit, charge and command them in the name of God and of the King, to obey. And if the perfon or perfons fo charged, remain ftill obftinate and rebellious, then shall the Affembly of Judicature, which has made the decreet, refer the matter to the Lords of Sefiion by their fupplication, containing the substance of the procefs; and, if the party complained of, compear not after citation, the Lords of Seffion or Secret Council fhall give out letters to put him to the horn within ten days after the charge. James VI. 1593. All schoolmasters and teachers of youth in schools fhall be liable to the trial, judgment, and cenfure of the Prefbyteries of the bounds for their fufficiency, qualicfiations, and deportment in faid office. W. and M. 1693.

PARIS

KIRK AND KIRK-YARD.

ARISH Kirks, after being fufficiently mended in windows, thack, and other neceffaries, appointed to be upholden upon the expences of the parishioners and Parfon in manner following; the two part of the expences. thereof to be made by the parishioners, and third part by the Parfon, and that the fame might take effect, letters appointed to be directed to the of ficers of the Queen, fheriffs in that part, to pafs and charge the parishioners of the parish kirks within the realin, to elect and chufe certain of the moit honest qualified men within their parishes, to tax every one of them according to their fubftance, for furnishing of the two-part of the expences to be made in bigging and repairing of their faid parish kirk. Secret Coun. 13th September 1563.

As the act of Secret Council for upholding and reparing of Kirks had not been executed in any place, the fame ratified and approved by Parliament, and the Archbishop, Bifhop, Superintendant, or Commiffioner of the Kirks in time of their vifitation, appointed to nominate in every parifa perfons for making and fetting of the taxation, and for receiving the fame. James VI.

1572.

N. B. The Minifter has no right to pafture the Church-yard; but he may cut the grass upon it for his horfe or cows, and may prevent others from doing it. FORBES on Church Lands, page 215. Dec. 24, 1778, HAY

against WILLIAMSON.

MANSE.

Former acts of Parliament anent Manfes and Glebes extended to all ab. beys and cathedral kirks within the realm; fo that the minifter presently admitted,or who shall hereafter be admitted to the office or cure of the miaiftry within the faid kirk, fhall have a fufficient Manfe, and dwelling-place