The Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly, 1643. Sess. 2 Declare, that if Appellations, Post latam sententiam be not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.
Eodem die 1648. Antemeridiem, Sess. 30.
Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend.
The Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is both ab officio and â beuoficio, as is also acknowledged by the 20. Act of the Parliament, Anno 1644. And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering [pg 420] also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.