said Bischop of Romeis autoritie vnder the pane foirsaide."*

Another act was passed the same day to this effect, that "Forsamekile as thair hes bene diuers and sindrie actis of Parliament maide in King James the first, secunde, thride, ferde, and fyftis tymes, Kingis of Scotlande for the tyme, ande als in our Souerane Ladeis tyme, not aggreing with Goddis holie worde. And be thame diuers personis tuke occasioune of mantenance of idolatrie and superstitioune in the kirk of Gode, ande repressing of sic personis as wer professouris of the said worde, quhairthrow diuers innocentis dide suffir; for eschewing of sic in time cuming, the thre Estaites of Parliament hes annullit ande declarit all sik actis maide in tymes bipast, not aggreing with Goddis worde, ande now contrair to the Confessioune of oure Fayth, according to the saide worde publist in this Parliament, to be of nane avale, force, nor effecte. And decernis the saidis actis and euery ane of thame to haue na effecte nor strenth in tyme to cum, bot the samyn to be abolishit and extincte for euir, insafer as ony of the saidis actis ar repugnant ande contrarie to the Confessioune and word of Gode foirsaidis, ratifiit ande apprevit be the saidis Estaitis in this present Parliament."

The Popish system being thus abolished as the established religion of Scotland, the reformers exerted themselves zealously for the attainment of a scheme of church polity consonant to the principles and objects which they had advanced in their petition to Parliament. In this they met with opposition and obstructions, suggested by the interests and passions of men in power; and although all their views were not realized, yet they ultimately succeeded in obtaining a settlement of the reformed church, which embraced all the more vital and important parts of their scheme. As, however, the steps which were taken consisted partly of ecclesiastical and partly of civil proceedings, it is thought more expedient, for the sake

Acts of the Parliament of Scotland, vol. ii. p. 535. (Mr Thomson's Edit.) + Ibid.

of distinctness, to reserve the details for another section of this Digest, confining the particulars in this to a connected view of the legislative Acts of Parliament alone. Under the head of " Books of Discipline of the Church" will be found the necessary notices with regard to the combined operations of the church and the state, respecting the attainment of the fundamental platform on which our church establishment was afterwards reared.

The next steps, therefore, in the legislative measures of the Scottish Parliament, to which we are called on to advert, is, the sanction by Queen Mary to the Protestant religion as she found it on her arrival in Scotland, and the subsequent ratification of the two acts of Parliament already recited during the minority of King James VI. and the regency of Murray. This last took place on the 15th December 1567. By two separate acts of that date, the King, with advice of the Regent and three Estates of Parliament, ratified and approved of the act abolishing Popery already recited; "and of new in this present Parliament, statutis and ordainis the said act to be as ane perpetuall law to all our Soveraine Lordis lieges in all times cumming." A similar ratification was adhibited to the other cotemporary act, which repealed the acts in favour of Popery, and recognized the new Confession; and the Confession itself referred to in it, was ingrossed in the record of Parliament, and thus incorporated with the statute law of Scotland.*

The declaration of Queen Mary, which formed a link in the chain of statutory sanctions, is in these terms, and appears among the Acts "in the Parliament helden at Edinburgh the 19th day of April, the zeir of God 1567 zeiris." "The quhilk day the Quenis Majestie having considerit the estait of hir Majestie's realme that it stude at the tyme of hir arryvale furth of France, and yet presentlie standis at, foirseing alssua the common weill of hir cuntrie gretumlie to be incressit and estabillishit be the keiping of the commone peax and quietnes amangis all her gud subiectis. And like as hir Hienes sen hir foirsaid

Vide Acts, vol. iii. p. 36.

arryvall hes attemptit na thing contrar the estait of religioune, quhilk hir Maiestie fand publictlie and vniuersallie standing at hir arryvale foirsaid, quhairby hir Maiestie is maist worthy to be seruit, honourit, and obeyit; richtswa hir Hienes intendis to continew in the samyne gudnes and gouernment in all tyme cuming, quhairby all hir gud subiectis professouris of the religion foirsaide, sall haif occasioune to praise God for hir gud, happye, and gratius gouernement, and to crave of God from the boddum of thair harttis, that he wald of his infinite gudnes to prosper and blis her Maiestie, and hir posteritie, with lang lyf, gud and happye gouernment, to reull and regnne ouer thame. And to the effect alssua that all hir Hienes gud subiectis, professouris of the said religioune, may assure thame selffis to be in full suretie thairof, and of thair landis, lyves, benefices, offices, dignities, jurisdictionis, priuileges, gudis, fame, and honouris in time cuming, and with the better will, jeopard and hasard thair lyves and gudis in hir Hienes seruice aganis all inymeis to hir Maiestie and to the commone weill of this realme at all tymes neidful, as thair predecessouris hes maist frankly done heirtofore, and that withowtt feir of ony pane, punishment, tynsell of landis, benefices and gudis, for professing, exerceing, and vsing of the said réligioune in tymes bygane, and to cum, to be impute vnto thame or thair airis, nochtwithstanding ony lawis, actis and constitutiounis, and canone ciuile or municipale, or vther quhatsumeuir ordinance heirtofoir insitute in the contrar. And for thair greter suretie foirsaid, OUR SAID SOUERANE, with the awyss of the haill thre Estaitis of Perliament, hes thocht neidful and convenient to dispenss, cass, abrogat and annull, like as hir Maiestie presentlie dispenssis, cassis, abrogattis and annullis all and quhatsumeuir lawis, actis and constitutionis, canone, ciuile or municipale, with all vther constitutionis and practik penale introducit contrar to the foirsaid religioune and professouris of the samyne; and ordanis thame and thair posteritie in all tymes to cum, to be fre and exemit from all pane corporall, infame, reproche, depryving from benefices, dignitie or offices, or vther cryme or pane

quhatsumeuir that may be incurrit or impute to thame be vertew of the saidis actis, lawis, ordinances, canone, ciuil or municipale and practik, for contravening of the samyne, renunceand the samyne and strenth thairof in favouris of oure saidis subiectis to the effect foirsaid. And siclike the Quenis Maiestie of hir auctoritie royall granttit to hir be God, with the awyss of the thre Estaitis foirsaidis takis to hir self and hir posteritie, all hir gude subiectis, thair benefices, landis, offices, gudis, and honouris, to be vnder hir sure salfgard, mantenance, protectioune, and defence perpetuallie, aganis quhatsumeuir foirane auctoritie, pouer, jurisdictioune, and persute, be it ecclesiasticall or temporall. Exemand hir foirsaidis subiectis from all compeirance, summonding, or obedience pretendit or to be pretendit, heirafter aganis thame for the caussis foirsaidis, be quhatsumeuir foirane persoune or vther pretendand jurisdictioune or auctoritie throw thame; willing hir subiectis to duell in perpetuall securitie and quietness within this realme, be making of thair maist humbill and faithfull obedience to hir Hienes and hir posteritie in all tymes cuming heirefter allenerlie. Like as also hir Maiestie, God willing, heirefter in tyme convenient sall tak forther ordour, in all vther poinctis, concerning the estait of religioune, as may best serue for the glorie of God, commone weill of this realme, and continewing of commone peax and quietnes vniversallie amangis all hir subiectes: Commanding thame, and euerie ane of thame, in all tymes heirefter, to keep mutuale, perfyte and maist hartlie kyndnes, luiff, freindschip, and nychtboureheide, ilk ane to vtheris, vnder all hieast pane and charge, that heirefter may follow, for breking of this present act of Perliament and her Maiesties lauchfull commandment."*

In the first Parliament of King James VI. Dec. 1567, there were other collateral statutes passed, among which there was one abolishing the mass, and for the punishment of all hearers, or sayers thereof. This was accompanied by another act declaratory of the reformed church according to its Confession of Faith, being the only reli

Vide Acts, vol. ii. p. 548,

gion established in Scotland. The latter is in the following terms, (15 Dec. 1567, c. 6.)

"And becaus that lawis quhilkis are not cleir ar often tymes occasioune of discorde, we moist humilie desire that for avoyding of all debait, dout ande questioun that eyther may aryiss for the validitie and strenth of that Parliament as for the interpretatioun of the saidis..... present Parliament, pronounce and declair first, That the ministeris of the blissit Evangell of Jesus Chryst, quh..... God of his mercy hes now raisit vp amangis ws, or heirefter sall....... aggreing with thame that now leif in doctrine and administratioun of the sacramentis, and that part of the people of this realme, that professis Jesus Chryst, as now he is offerit his Evangell and do communicat with his holie sacramentis (as in oure reformit kirkis thai ar publictlie ministrat) may be declarit the onlie trew kirk of Jesus Chryst within this realme. And that all and sindrie quha owther gaynsay the word of the Evangell, as it is now preachit ande of ws ressauit ande approvit as the heidis of the Confessioune of our Fayth mair particularlie do express, or that yet refusis the participatioun of the halie sacramentis as now thai are ministrat. Be decernit na members of the kirk within this reallme sa lang as thai keip thame selfis so dividit frome the society of Chrystis body."+

In the same Parliament, another act (c. 8.) was passed, by which the terms of the coronation oath were established; and this being one of the fundamental and most important acts connected with the Protestant institutions of Scotland, requires a place in this chronicle of our church law.

"Anent the Kingis Aith to be geuin at his Coronatioun.

"ITEM, Because that the incres of vertew, and sup pressing of idolatrie, crauis that the Prince and the peple be of ane perfyte religioun, quhilk of Goddis mercie is

• Vide Acts, vol. iii. p. 22, 23, 24.

+ Acts, vol. iii. p. 36.