Act against Ministers haunting with excommunicate persons.
If any Minister haunt the company of an excommunicate person, contrair to the Lawes of this Kirk; The said Minister for the first fault shall be suspended from his Ministerie by his Presbyterie, during their pleasure: And for the second fault be deprived. And in case the Presbyteries be negligent herein, the Provincial Assembly shall censure the Presbyterie thus negligent.
Act anent an order for using civil 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 [pg 193] 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 the 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 civil action and diligence may be used against them, warranted and provided by Acts of Parliament, or secret Counsel made thereanent: And that particular account be craved hereof in every General Assembly.
TO THE KINGS MOST EXCELLENT MAJESTIE,
The humble Answer of the National Assembly of the Kirk of Scotland.
Although the many and ample testimonies of Your Majesties Royal 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 [pg 194] 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 Royal 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 General 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 counsels 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 unnatural 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.