COMMISSION, FOR EXECUTING THE LAWS IN CHURCH-AFFAIRS.
OVr Soveraign Lord Ordains an Commission to be past and expede, under His Majesties great Seal of the Kingdom of Scotland; making mention, that in consideration of the multiplicity and weight of the Affairs of State, incumbent upon the Lords of the Privy Council, so as they cannot attend the due execution of the Laws against Popery, Separation and Disobedience to Ecclesiastical Authority; And to the effect, that the disorders and contempt of Authority, and the Laws, in the Provinces of St. Andrews and Glasgow, may be timeously supprest, and the scandalous and disobedient may not, through impunity or connivance, be imboldened to violate and affront the Laws, to creat disturbances, to foment sedition and disaffection to the Government of Church and State, upon pretence of any Engagements: His Majesty, by vertue of His Prerogative-royal, and Supremacy in all Causes, [Page 4]and over all Persons, as well Ecclesiastical as Civil, hath given and granted, like as His Majesty, by the tenor hereof, gives and grants full Power and Commission to the Archbishop of St. Andrews, the Lord Chancellor, Lord Treasurer, Archbishop of Glasgow, Duke Hamiltoun, Marquess of Montrose; the Earls of Argyl, Athol, Eglintoun, Linlithgow, Murray, Hume, Galloway, Annadail, Tweddail, Leiven; the Bishops of Edinburgh, Galloway, Dunkell, Aberdeen, Brichen, Argyl and the Isles; the Lords Pitsligo and Fraser, Drumlanerick, Cochrane, Hackertoun, and the Lord Ballenden; the President of the Session, the Clerk of His Majesties Registers and Rolls, His Majesties Advocat, Sir John Hume Iustice Clerk, Charles Maitland of Hattoun, the Laird of Philorth elder; Sir Andrew Ramsay Provost of Edinburgh, Sir William Thomson, the Provosts of St. Andrews, Glasgow, Aberdeen for the time, Air and Dumfries, Sir James Turner and the Dean of Edinburgh, or to any five of them, (an Archbishop or Bishop being one of the number) to use their utmost endeavours, that the Acts of Parliament and Council made, for the Peace and Order of the Church, and in behalf of the Government thereof by Archbishops and Bishops, be put into vigorous and impartial execution, against all and every one within the Kingdom of Scotland, who presume to violate, contemn or disobey these Acts and the Ecclesiastical Authority now setled. To summon and call before them, at whatsoever place or time they shall appoint, all Popish-traffikers, Intercommuners and Ressetters of Iesuits and Seminary-priests; all who say or hear Mass, all obstinat Contemners of the Discipline of the Church, or for that cause suspended, deprived or excommunicated; all keepers of Conventicles; [Page 5]all Ministers, who contrary to the Laws, Acts of Parliament and Council aforesaid, remain in, or intrude themselves upon, the exercise of the function of the Ministry, in those Paroches and Bounds inhibited by the said Acts, all Preachers who come from England or Ireland without sufficient Testimonials, or leave of the Bishops of the Diocess; all such who preach in private houses or elsewhere, without Licence of the Bishop of the Diocess; all such persons who keep meetings at Fasts, and the administration of the Sacrament of the Lords Supper, which are not approven by Authority; all who speak, preach, write or print, to the scandal, reproach, or detriment of the Estate and Government of the Church or Kingdom, as now established; all who contemn, molest or injure Ministers, who are orderly and obedient to the Laws; all who do not ordinarily attend the divine Worship, administration of the Word and Sacraments, performed in the respective Parish Churches, by Ministers legally authorized, for taking the Cure of those Parishes, in which those persons are Inhabitants; all such, who without any lawfull Calling, as busiebodies, do go about houses and places for corrupting and disaffecting people from their alleagiance and respect, and obedience to the Laws. And generally, without prejudice of the particulars above-specified, all who express their disaffection to His Majesties Authority, by contraveening Acts of Parliament or Council, in relation to Church-affairs. With power to the said Commissioners, or any five of them, (an Archbishop or Bishop being one of the number) to appoint Ministers to be censured, by suspension and deposition; and to punish by fining, confining, committing and incarcerating them, and all other [Page 6]persons, who shall be found transgressors as aforesaid, according as they shall judge the quality of their offence to deserve, they alwayes not exceeding the fines and punishments enjoyned by the Acts of Parliament and Council. Commanding the Captain of His Majesties Guards, the Officers of the standing Forces, or Militia, the Sheriffs, Bailies of Regalities, Iustices of the Peace, the Provosts and Bailies of Burroughs, to search, seek, take and apprehend all such delinquents, and present them before the saids Commissioners, upon the warrant of any five of them as aforesaid: Commanding likewise, the Constables and Captains of His Majesties Castles, Keepers of Prisons, and other places of firmance, to receive and detain those, who shall be directed unto them by the saids Commissioners, upon warrant as said is, as they will answer upon their obedience and utmost peril: Ordaining further, the Lords of Privy Council, upon Certificat subscribed by the said Commissioners, or any five of them as aforesaid, to direct Letters of Horning for paying of the fine imposed by the said Commissioners, in case of the delinquents disobedience or refusal, to compear where they are cited before them: Of which Letters and Charges, no Suspension or Relaxation shall be granted, without the testimony of the Archbishop or Bishop, bearing their obedience to the Commissioners, and satisfaction according to Law. And His Majesty doth make, constitute and ordain Mr. Thomas Young, Clerk to the Commission for plantation of Kirks, to be Clerk to this Commission. With power to him to appoint Officers and other attenders necessary; and to direct Summons or Precepts, in His Majesties name, for citing whatsoever parties or persons, [Page 7]in any of the cases foresaids; which Precepts shall be sealed by the Signet, and subscribed by the said Clerk. With power to summon witnesses under the pains prescribed by Law or Practice: And if the saids witnesses refuse to compear, or the said persons decerned in a fine, delay to make paiment of the same, His Majesty Ordains the Lords of His Secret Council, to direct Letters and Charges, upon the Certificat of the said Commissioners, as is above-specified: Of the which fines to be collected and uplifted by Alexander Keith, Vnder-clerk to the Council, the one half shall be imployed for defraying the charges necessary, for executing of the said Commission at the sight of the said Commissioners; the other half shall be imployed for pious uses, according as His Majesty shall appoint. And generally, the Commissioners aforesaid are authorized and impowered, to do and execute, what they shall find necessary and convenient for His Majesties service, in the premises; for preventing and suppressing the seeds of Schisme and Separation, for planting of vacand Churches, and for procuring Reverence, Submission and Obedience unto the Ecclesiastical Government now established. And to the end, that a business of so great importance to the peace and well-being of Church and Kingdom, may take a speedy and successfull effect, as His Majesty hath thought fit to make choice of such persons, in whose judgement and affection to His service and the Churches good, He doth repose special trust; So it is His pleasure, that this Commission shall endure till the first of November, one thousand six hundred and sixty four, and after, till it be discharged by His Majesty: and that the first meeting thereof be kept at Edinburgh, the first Wednesday of March next to come; and after, [Page 8]Meetings shall be appointed in such places, and as often as shall be found necessary, for attaining the ends of the said Commission. And His Majesty doth expect from the Commissioners, an exact report of their proceedings therein, from time to time, as of a service, whereof He will take special notice, and its succeeding will be very acceptable to Him. Commanding lastly, all His Majesties Lieges, who are, or may be concerned, to answer and obey the said Commissioners, or any five of them, (an Archbishop or Bishop being one of the number) under all highest pains that after may follow: and Ordains these presents to be an sufficient warrant to the Director of the Chancellary, for writing the same to the great Seal, and for the Lord Chancellor for appending the Seal thereunto, without any further order or warrant.