Act anent an order for using civill Execution against Excommunicate Persons.
THE Assembly taking to their consideration an Article, in the Heads and Propositions sent to the Assembly held at Edinburgh, in August, 1573, by the Lord Regents Grace, and allowed by that Assembly: Whereof the tenour followes: “It is resolved that the Executions of the sentence of Excommunication against Persons excommunicate, after the space of fourtie dayes past, shall be presented to the Lord Thesaurer, or his Clerk, who thereupon shall raise Letters by deliverance of the Lords of Session, to charge the Persons Excommunicate, to satisfie the Kirk, and obtain themselves absolved under the pain of Rebellion: And in case they passe to the Horne, to cause their Escheits be taken up, and also to raise and cause execute Letters of Caption against them: And these to be done at the Kings Majesties charges:” Do ratifie and approve the said Article. And farther that the intention of the said Article may be better effectuate, doth also ordain, that every Presbyterie cause send to the Procurator, or Agent of the Kirk, the foresaid Execution, that is, an minute or note of the sentences of Excommunication within their bounds, bearing the time and cause thereof: And that under the hands of the Moderatour or Clerk of the Presbyterie, or of the Minister who pronounced the sentence; That the samine may be delivered to his Majesties Thesaurer, Advocate, or Agent. To cause letters of Horning and Caption be raised and execute, and other diligence to be used against the Excommunicat Persons in manner foresaid: And that all other civill action and diligence may be used against them, warranted and provided by Acts of Parliament, or secret Councell made thereanent: And that particular account be craved hereof in every Generall Assembly.
To the Kings Most Excellent Majestie, The humble Answer of the Nationall Assembly of the Kirk of Scotland.
ALTHOUGH the many and ample testimonies of Your Majesties Royall favour and bountie towards this Kirk and Kingdome be living and lasting Monuments to hold all Your Majesties good Subjects and us most of all, in remembrance of that duty, which we owe to Your Majestie our great Benefactour, never by any length of time to be deleted out of our minds: Yet when we remember even of conscience we owe honour and subjection unto Your Majestie as our dread Soveraigne, as well in Your Majesties absence as presence, We finde our obligation to be Religious, and thereby much increased: And therefore have we at this time in all our consultations and conclusions, of which some have been of more then ordinary weight and concernment, in answer to certain Propositions, made unto us by the Commissioners of the Houses of Parliament of Your Majesties Kingdome of England, and some Reverend Divines assisting them, fixed our eyes and thoughts upon Your Majesties honour and happinesse, with no other and with no lesse intention, then if we had been honoured by Your Majesties Royall Person in our Assembly. And in like manner have given such Instructions to some Ministers and others, to be sent unto the Assembly of Divines now in England, as next unto the honour of God, and the good of Religion, may most serve for Your Majesties preservation, and the peace of Your Kingdomes: Concerning which, the Commissioners of the last Generall Assembly have so fully exprest their humble thoughts and desires in their Supplication and Remonstrance sent unto Your Majestie, that we need not adde any thing, and Your Majesties times and affairs forbid all repetition. We do onely in all humilitie beseech Your Majestie to judge of us and our proceedings, by the nature and necessity of our vocation, and the rules prescribed in the Word of God for our direction, and not by uncertain rumours, and ungrounded reports of such men as have not the fear of God before their eyes. And do earnestly pray to God Almighty, in whose hands are the hearts of Kings, to incline Your Majesties heart to the counsells of truth and peace, to direct Your Government for the good of your People, the punishment of male-factours, and praise of well-doers; that this fire of unnaturall and unchristian warre being extinguished, the People of God, Your Majesties good Subjects may lead a quiet and peaceable life, in all godlinesse and honestie.
The Answer of the Generall Assembly of the Church of Scotland, to the Declaration of the honourable Houses of the Parliament of England.
THE Generall Assembly of the Church of Scotland, having received a Declaration from the honourable Houses of the Parliament of England, by their Committees and Commissioners now residing here; Have thought good to make knowne unto the Lords and Commons in Parliament, that all the Members of this Assembly, and others well-affected here, do with most thankfull respects, take speciall notice of the expressions which they have been pleased to make in the afore-named Declaration, not only concerning their approbation of the desires and endeavours of the Generall Assembly of this Kirk, for the Reformation of the Church of England, and the union of both Churches in Religion and Church-government; but also concerning the resolution of both Houses, fully to concurre with them in these pious intentions. With the same thankfulnesse and due reverence, they acknowledge the high respects expressed towards them by both Houses, in directing unto them their Committees and Commissioners, assisted by two reverend Divines, and in desiring some of the godly and learned of this Kirk to be sent unto the Assembly sitting there.
The Assembly doth blesse the Lord, who hath not only inspired the Houses of Parliament with desires and resolutions of the Reformation of Religion, but hath advanced by severall steps and degrees that blessed Work; By which, as they shall most approve themselves to the Reformed Churches abroad, and to their Brethren of Scotland, so shall they most powerfully draw even from Heaven the blessings of prosperity and peace upon England. And as it is the earnest wish of their Brethren here, that the true state and ground of the present differences and controversies in England may be more and more cleared to be concerning Religion, and that both Houses may uncessantly prosecute that good Work first and above all other matters, giving no sleep to their eyes, nor slumber to their eye-lids, until they finde out a place for the Lord, an habitation for the mighty GOD of Jacob, whose favour alone can make their mountain strong, and whose presence in his own ordinances, shall be their glory in the midst of them: So it is our confidence, that the begun Reformation is of GOD, and not of man, that it shall increase, and not decrease; and that he to whom nothing is too hard, who can make mountaines, valleyes, crooked things, straight, and rough wayes, smooth, shall lead along and make perfect this most wonderfull Work, which shall be remembred to his glory in the Church throughout all generations.
And lest through any defect upon the Generall Assemblies part, the Work of Reformation (which hitherto to the great grief of all the Godly hath moved so slowly) should be any more retarded or interrupted, they have according to the renewed desires of both Houses of Parliament, and their own former promises, nominated and elected Mr Alexander Henderson, Mr Robert Douglas, Mr Samuel Rutherfoord, Mr Robert Bailzie, Mr George Gillespie, Ministers of Gods word; and John Earle of Cassills, John Lord Maitland, and Sir Archbald Johnstoun of Waristoun, ruling Elders, all of them men much approved here; With Commission and power to them, or any three of them, whereof two shall be Ministers, to repair unto the Assembly of Divines, and others of the Church of England, now sitting at Westminster, to propound, consult, treat, and conclude with them, and with any Committees deputed by the Houses of Parliament (if it shall seeme good to the honourable Houses in their wisedome to depute any for that end) in all such things as may conduce to the utter extirpation of Popery, Prelacie, Heresie, Schisme, Superstition and Idolatrie, And for the setling of the so much desired Union of this whole Island in one forme of Church-government, one Confession of Faith, one common Catechisme, and one Directorie for the Worship of GOD, according to the Instructions which they have received, or shall receive from the Commissioners of the Generall Assembly appointed to meet at Edinburgh from time to time, with the Assemblies power for that end. And as the Generall Assembly doth most gladly and affectionately receive and fully trust the Committees and Divines sent hither, so do they hereby commend the afore-named Commissioners, not only to the like affection and trust of the Assembly there, but also to the favour and protection of both Houses of Parliament.