Act of the Commissariates and iurisdiction giuen to Arch-bishops and Bishops .

OVR Soveraine Lord vnderstanding that in all well governed Republicks , the iurisdiction civill and ecclesiastick are severall , distinct and diuers iurisdictions , which oght to be by the persons to whom the same properly belongs : And according to his Highnes most loving & princelie affection borne alwaies to the christian reformed Churche within this Realme , being 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 , He s 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 , prerogatiue , 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 heereafter to nominate & create 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 shall vaik by dimission , decease , deprivation or otherwaies , and to provide others in their places with as great fredome 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 confirmation of testaments everyone of them within their own bounds , the quotes thereof to be payed to the Arch-bishops , Bishops , their chamberlaines , factors and vnder-receivers appointed by them . For the better effectuating 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 force that the Commissares present hes it , for execution of al their sentences and decreetes which shall happen to be pronounced , and compelling of persones to enter and confirme the testaments of their defuncts in the very same maner that formerlie hes bene done . And for maintaining all things in better order and the restraining of vnlawfull divorcements too frequentlie practised within this realme , to the high dishonor of God and slander of trew Religion , His Maiestie with advise and consent foresaid hes statute and ordained that in the burgh of Edinburgh there shal be resident alwaies foure Commissares , two to be nominate and appointed by the Arch-bishop of Sanctandrois , and two by the Arch-bishop of Glasgow , who shall haue the onelie power to decide in all causles of divorcement , As likewise shal haue power of reduction of all decreetes pronounced by anie other Commissares to the hurt and prejudice of anie of the lieges : Before whom it shall be onlie lawfull to intend and persew reductions of inferior Commissares their sentences and decreetes in prima instantia . And incace the saids Commissares to be appointed by the Arch-bishops of Sanctandrois and Glasgow , as said is , performe not their duetie , the Lords of Session shall haue power to try , cognosce and determine in the same : and shall iudge vpon all decreetes & sentences alledged to be wrongouslie pronounced by them , And that because they are his Maiesties great Consistorie , to whom his Highnes with advise of the saids estates , Giues and grants an high and supreme commission for al such causses , to iudge and determine in such caces , And declares that it shall be lawfull to the saids Lords of Counsell and Session To advocate causses to themselues from anie of the Commissares , vpon iust & lawfull complaintes made to them by anie of the subiects , and not otherwaies . Provyding alwaies that the said Session shall euer be readie to giue an accompt to his Maiestie that their advocations haue beene grounded vpon probable and lawfull grounds for the well of the subiects . And that this foresaid act may be put in present effect , his Maiestie with advise foresaid declares all former erections of Commissariates to be suppressed & extinct from this forth and for ever , all constitutions that haue beene in former tyme of the same in whatsoeuer part of the realme the same hath beene erected , and by whatsoeuer manner the same hes proceded , acts of parliament secreet counsell and others made thereanent . And in like maner discharges and annulles all presentations , gifts and dispositions made by his Highnes to the Commissares present , or to anie others concerning the said commissariates , and all rights acquired by them by decease , dimission , or howsoever the same hes vaicked , and all gifts and dispositions made in favors of their clarks and members of Court , by whatsomever manner or order the same hes proceeded . With this provision alwaies that the Commissares presentlie in office , their clarks and other members of Court , who shall be authorized with testimoniall from the Lords of Session of their sufficiencie & qualification to their severall places and offices , shall brooke and joise the same , they alwaies receiving a newe presentation and gift of their offices from the Arch-bishops and Bishops of their dyosies where they serue , betweene and the first daye of December next to come : Otherwaies if incace the saids Commissares and other members of court doe not produce the foresaid I estimoniall from the Lords of Session , as said is , It shall be lawfull to the Arch-bishops and Bishops to provide other sufficient persons to the saids places , The restitution of the said jurisdiction alwaies to be with expresse reservation of his Highnes and his successors their prerogatiue & supremacy in al causses ecclesiastical and civill within this realme . Provyding that this present act shall no waies be hurtfull nor prejudicial to the heritable right of the commissariate within the bounds of Argile pertaining to Archebald now Earle of Argile , but the same to stand in the same fore , strength and effect as it was before this present act , And notwithstanding thereof or anie clause therin conteined Prout de iure .

Act of the Commissioners of the peace .

FOrasmuch as among the infinite monuments and testimonies of his Maiesties trew pietie , singulare wisdome , sinceere zeale to justice and fatherly care of his people , the estates of this Kingdome haue not found any bringing more deserved commendation and permanent renowne to his Maiestie , or greater profit , quyetnes and comfort to his Subiects , nor his constant perseverance in his most religious and prudent resolution to extirpate the vngodlie , barbarous and brutall custome of deadlie feeds , which by the inveterate abuse of manie bypast ages was become so frequent in this realme , as the subiects of greatest rank and qualitie vppon everie naughtie occasion of base and vnworthie contraversies of neighborhoode , for turves , fold-dykes , furres or marches of lands ; foolish words or drunken discords betweene their meanest servants and dependers , and anie other in the countrie , did so readilie embrace the protection of their vnjust and vnnecessarie quarrelles as did manie times involue themselues and their whole friendship in most bloody and mortall troubles , which they did prosecute with such malice and crueltie , as to the extreme perrell of their soules , infamie of their memoriall , and overthrow of their owne and their adversaries houses , Did distract the kingdome in opposite factions , and manie times furnished matter of most pernicious , seditious and civill warres . The inconveniences whereof being manifestlie seene and sensiblie felt both by the Princes and people of this realme in many bypast ages and earnestlie soght to haue bene removed yet the corruption was so vniversall , that the greatest part prevailing against the best , that cruell barbaritie had both continuance and daylie increase , vntill his Maiestie bending the excellent wisdome and rare graces of his royall minde ( wherewith God hes endewed him more aboundantlie then anie King that ever did raigne in this Iland ) against that godlesse , vnnaturall and beastlie custome , did devise and establish a most godlie , just and prudent law and ordinance for the course to be observed , for removing vpon equitable and just conditions the deadlie feeds , which then stoode in great number betweene the most powerfull subiects in this kingdome and their kinsmen , assisters and partakers : In the execution whereof , God having miraculouslie assisted his Maiesties most holie & iust intention , after exceding great care and paines taine by his Maiestie in tryall of the originall causes of the saids discords , the trew circumstances of the injuries and loses sustained by either partie , and in prescriving dew satisfaction to be indifferentlie made for redresse of all bypast harmes and wrongs , his Maiesties admirable constancie hes so overcome all difficulties , that the whole knowne feedes within the kingdome being now removed by perfite reconciliation , & just contentment of all parties having interest therein , his Maiesties whole subiects findes such joye and happines in the sweete frutes of his wisdome and providence expressed in that cace , That they earnestlie wish that his Maiestie who hes so carefullie exterminate that abhominable pest of deadlie feeds , may in his singulare wisdome finde meanes for ever to prevent the reviuing of that monster . Wherein his Maiestie considering that nothing gaue so great grouth and strength to that bypast barbaritie as the slowth of magistrates in not suppressing the first feeds of these dissentions , which beeing small and weake in the beginning , for peets , turves , devets , fold-dykes , poyndings , neighborlie marches , injurious words or light brawles , were then easilie to be setled , if diligence and authoritie had beene joined for repressing thereof , which beeing neglected by these to whom it appertained , these light jarres and insolences did verie oft kindle such flames of disorder , distention , rank or and feed , as in many yeeres with great streames of blood , desolation and ruine of great and auncient houses and races could hardlie be quenched . For remeede whereof his Maiestie & estates foresaides Ratifies and approoues the former act made by his Highnesse for abolishing deadlie feeds in everie head , clause and article thereof . And farther statutes & ordaines that in everie shyre within this kingdome there shall be ▪ yeerelie appointed by his Maiestie , some godlie , wise and vertuous gentlemen of good qualitie , moyen & 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 whom his Maiesty with advise of the Lords of his privie Counsel shal giue power & commission to foresee , try & prevent all such occasiones as may breed trouble or 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 , either by gathering together of idle and disorderlie persones , or by publict bearing or wearing of Pistolles 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 need bees , to require the dewtifull and obedient subiects of the shyre to concurre with them in preventing al such contempts 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 a folde 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 summoned in all crymes 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 vnjustlie vexed or vnnecessarely drawne from their owne houses and effaires for matters wherein they are not able to giue anie light .

Act of the apparelles of Iudges and Magistrates .

OVR Soveraine Lord and estates of this present Parliament , finding by daylie experiences that the greatnes of his Maiesties empyre , magnificence of his Court , same of his wisdome and iustice and of the civilitie of his subiects , hes alreadie begun to allure divers foraine Princes and other strangers of all estates to make more frequent repaire to this countrie nor they ever did in anie preceeding age : which resort of strangers will by all appearance both continue and daylie more and more increase , and by them , no doubt , report will 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 subiects 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 and behaveor as maye best deserue the good report and trew commendation of all Princes , Noble men and other strangers who shall haue occasion to see and relate the same . The respect whereof having induced his Maiestie to prescriue to the Nobilitie apparell for the Parliament becomming their estate . And vnderstanding that the remanent members of that high Court hes not conformed themselues to that conveniencie , neither yet that the course intended by his Maiestie for discharging noble men and gentlemen 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 remeed whereof his Maiestie with advise of the estates of his Highnes Parliament Statutes & or daines that no man shall in anie time comming be capable of Provostry or other magistracie within anie burgh of this realme , nor be elected to anie of the saids offices within burgh , but marchants and actual 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 prescrine convenient for their rank and estate , whereby they may be decerned from other common Burgesses , and be more reverenced by the people subiect to their charge . And because a comelie , decent & orderlie habite of apparell of the Iudges of the land is not onlie an ornament to themselues ( being a badge & mark for distinguishing them from the vulgate 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 sitting & proper , as well for Lords of Session being the supreme Iudges in civill actions , as for all other inferior Iudges of the like causes , as also for the criminall and Ecclesiasticall Iudgdes , and for Advocates , Lawyers and all others living by law and practise thereof , that so everie one of these people may be knowen and dignosced in their place , calling and function , and may be accordinglie regarded and respected . Attover his Maiestie and estates foresaids , considering what slander and contempt hes arisen to the Ecclesiasticall estate of this kingdome by the occasion of the light & vndecent apparell vsed by some of that profession , and chiefly these having vote in Parliament . It is therefore statute that everie Preacher of Gods word shall hereafter weare blacke , graue and comelie apparell beseeming men of their estate and profession . As likewaies that all Pryors , Abbots and Prelates having vote in Parliament , and speciallie Bishops , shall weare graue and decent apparell agreable to their function , and as appertaines to men of their rank , dignity & place . And because the whole estates humbly & thankfully acknowledges that God of his great mercie hes made the people and subiects of this countrie so happy as to haue a King raigne over vs who is most godly , wise and religious , hating al erroneous and vaine superstition , just in governement and of long experience therein , knowing better then anie King living what appertaines and is convenient for everie estate in their behaviour and dewtie . Therefore it is agreed and consented to by the saids estates that what order so euer his Maiestie in his great wisdome shall thinke fit to prescriue for the apparell of Churchmen agreable to their estate & moyen . The same being sent in write by his Maiestie to his Clarke of Register , shall be a sufficient warrand to him for inserting thereof in the books of Parliament , to haue the strength and effect of an act thereof , with executorials of horning to follow therevpon against such persones as within the space of 〈◇〉 after the publication or intimation to them of the said act or charges vsed against them therevpon , shall not provide themselues of the apparell to be appointed by his Maiestie for men of their vocation and estate to be vsed and worne by them and their successors at the times and in manner to be expressed in the said Act to be made by his Highnes thereanent .

Act of skandalous speeches and libels .

OVr Soverain Lord foreseing that there is nothing so necessare for the perpetuall well & quietnes of al his subiects of this monarchy as the furtherance & accomplishment of the vnion of his two famous & most ancient kingdomes of Scotland & England , whereof his Maiestie out of his fatherlie care of the peace and happines of his good & faithfull people , having most instantly & earnestly solicited the perfection , and by the assistance of the worthiest members of both kingdomes so effectuallie advanced the same , as he hopes , God willing , in his raigne to see the wished end of that great work , which in his royal person hes received so miraculous & happy a beginning : And nevertheles finding therein such malicious lettes as the divell & his supposts doe vsually suggest to the hinderance of al iust & godlie interprises , Speciallie by the false & calumnious brutes , speeches & writes craftily vttered & dispersed by some lawles & souleles people of this realm , aswell in private conferences as in their meettinges at tavernes , ailehouses & playes , & by their pasquils , libels , rymes , cockalines & bourds & such like occasions wherby they slander maligne & revile the people , estate & country of England , and divers his Maiesties honorable Counsellors , magistrates & worthy subiects of that his Maiesties kingdome the contumacie whereof being able to incense the people of England to iust grief & miscontentment , may not only hinder the intended vnion of all the good subiects of this monarchie , but stir vp in them such irreconciliable evil wil , as with time might bring forth most dangerous & harmeful effects . For remeede & preventing whereof , his Maiesty remembring how straite & severe punishment hes by the lawes & acts of his most royal progenitors kings of this realme heretofore bene ordained to be inflicted vpon such as should devise or vtter false & slanderous speeches & writes to make dissentions between the Prince & his subiects , or raise sedition in the realme , and considering that al such purposes & writes as may breed disliking betweene the inhabitantes of the saids kingdomes of Scotland & England , being now al become his Maiesties liege-people , equally subiect and equally beloved of his Highnes , Tends to most dangerous dissention & sedition amongs his subiects : Therfore his Maiesty with advise & consent of the whole estates of this Parliament , statutes and ordaines , That whosoever shall hereafter by word or write devise , vtter or publish any false , slanderous or reprochful speeches or writes of the estates , people or countrie of England , or of any Counsellour thereof , tending to the remembrance of the ancient grudges borne in time of by past troubles , ( the occasion whereof is now happilie abolished by the blessed conjunction of the saids kingdomes vnder his Maiesties soveraignity & obedience ) or to the hinderance of the wished accomplishment of the perfect vnion of the saids kingdomes or to the slander or reproch of the estate , people or countrie of England , or dishonor or prejudice of anie Counsellor of the said kingdome , wherby hatred may be fostered & intertained or misliking raised betweene his Maiesties faithfull subiects of this I le . The authors of such seditious , slanderous & iniurious speeches or writes or dispersers thereof , after tryall taine of their offence , either before his Maiesties iustice or the Lords of his Highnes privie Counsell , shall be severelie punished in their persons and goods , by inprisonment , banishment fyning or more rigorous corporall paine , as the qualitie of the offence shall be found to merite at his Maiesties pleasure : And all such as hearing or getting knowledge of anie such speeches or writes , shal conceale the same , and not reveile them to his Maiesties ordinare officers , magistrats or Counsellors , wherby the authors and dispersers thereof may be punished , shal vnderly the like tryall & paine .

Act anent sugitiue persones of the borders to them countrie .

FOrasmuch as the Kings Maiestie is resolved to purge the middleshires of this I le heretofore called the borders of Scotland & England of that barbarous cruelty , wickednes & incivilitie which by inveterate custom was almost become naturall to many of the inhabitants thereof , and to reduce them to the knowledge , loue and feare of God , reverence of his Maiesties authority , obedience of his lawes and dutie to their nighbors : For accomplishing of that most royall designe , made chose of one to be Commissioner in these bounds , whom by manie assured proofes of former imployments of greatest consequence , his Maiestie knew to be indued with all qualities necessarie for so weightie a charge : who following preciselie the rules of his Maiesties most prudent directions , and vsing all possible diligence & dexteritie in prosecution thereof , made so happie progresse in that good course , as justlie punishing the most perversed & rebellious ringleaders ( whose amendement was desperate ) and transporting others of them foorth of this I le , the rest were brought to verie setled quyetnes & obedience of his Maiesties lawes , a verie few number of out-lawes onelie excepted , who being so earnestly searched & persued in these bounds , as al hope of escaping & longer impunity was taine from them , they haue by most subtle & crafty means of changing their names , and dissembling the place of their nativity , Convoyed themselues in the in-countries of this realme , and insinuated themselues in service with Noble men & others of good qualitie , not only thereby eschewing their deserved punishment , but also abusing and harming his Maiesties good subiects by their darned stouths in the incountrie transported , reset & quyetly folde in the bounds of the late borders : And again stealing geare forth thereof & out of the bounds of these middle-shires , & outting & selling the same in the in-countries . Besides that others of the saides outlawes haue beene allured & had reset & oversight in the in-countries by some men of rank & power to be instruments & executors of such revenge and mischeefe against these to whom they beare malice , grudge or quarrell , which for feare of his Maiesties lawes and authoritie they durst not attempt by themselues . For remeede wherof his Maiesty with advise and consent of the estates of Parliament , Statutes and ordaines that no man shall hereafter either receiue or reteine anie man borne or long habituate in the late borders in his service or company or vpon his lands , vnles he haue certain knowledge or a trew & authentick testimonial of his Maiesties great Commissioner of the late borders or his deputes , of the said border-mans new name and surname , place of his nativitie and report of his trueth and lawtie , and that he is no knowen malefactor , but repute a dewtifull & obedient subiect , vnder the paine to incur the danger , and to be made answerable civilly and criminally to his Maiestie and all his lawfull subiects for al actions and crimes which might be any waies laide to the charge of the saids broken men , for anie cause or occasion either preceeding or during the time of their receiuing or retaining them in their service , company or vppon their lands , as if the resetter had committed the saids faults himselfe . As likewise because some who are not knowen to haue committed any haynous offence in their owne persone obtaining testimoniall of their name , birth & good report may giue the same to broken men to be vsed by them in places where they are not knowen , It is statute and ordained that whosoever shall eyther giue his testimoniall to anie man , whereby it may be abused by another nor him to whom it was trewlie graunted , or who shall falslie vse another mans testimoniall , or who shall fordge to himselfe or vse a false testimonial in the premisses , shall be punisht to the death . And to the effect his Maiesties faithfull and obedient subiects may haue the better knowledge of the saids fugitiues and broken men , and that such as reset them may want all pretext and excuse of ignorance , It is statute and ordained that a Roll shall be made by his Maiesties great Commissioner of the middle shires , conteining the names of the saids rebels , fugitiues , outlawes & broken men with the most notor & evident marks & description of their age , stature , colour & other tokens whereby they may be most easilie and readily knowen . And being imprinted shall be sent to the shireffes and magistrates of thee in countries , and proclaimed at the market crosses of the head burrowes of the shyres and other places needfull , And thereafter be publictlie affixed vpon the saids crosses or tolbuithes of the saids burrowes . After which publication It is statute that the contraveeners of this Act or anie head or artickle of the same , shall be rigorouslie punished in their persons and goods in maner foresaid . Extractum de Libro Actorum Parliamenti per me Dominum Ioannem Skene de Curriehil militem , Clericum Registri Consilij & rotulorum , testantil us meis signo & subscriptione manualibus .

Ioannes Skene Clericus Registri &c.