The Booke of the Universall Kirk of Scotland / Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained.

by Unknown

Sess. 2^a. August 14.

Forsuameikle as the maist urgent causes of the convocation of this present Assemblie is to obviat the great increase of Papistrie within this realme, and to try out the just causes thereof, to the effect that sufficient remedies may be provydit for redressing of the same in all tyme coming, and that it is found be the haill Assemblie that ane great part of the causes of the increase forsaid relyes presently upon the slackness of the ministers in their holy profession, and pairtly upon the not executing of the lawes, alsewell civill as ecclesiasticall, against such persones as either were excommunicat themselves, and openly continuit the said censure, or qwho intertaines, receiptes, and maintains qwha are excommunicat, or qwho were the traffiquers against the trew religione presently profest within this realme: For remeid qwhereof the whole Assemblie in ane voyce hes statute and ordaynit in manner after following:

In the first, for the better tryall and discovering of Apostates, It is statute and ordainit that qwhosoever hes confessit the trew religion presently profest within this realme, and hes subscrivit the same, and has receavit the holy communion of the Supper of the Lord, and communicat conforme to the order prescryvit within this realme, if at any tyme hereafter he or she be found in any tyme either to reasone or gainstand the trew religione presently profest within this realme, or any particular head thereof, or to raill against the same, or else directly or indirectly to be a seducer or perverter of others from the said truth presently profest as said is, or if he or she be found to resett or intertaine any traffiquing Papists, Jesuites, or Seminarie Priests; any one of the said facts or deeds shall be ane sufficient cause of apostacie, and these doers shall be repute and punischit as apostates; and because the probatione in the saids causes is difficile and almost impossible, in respect that the said deeds are committit covertly and quherin probatione hardly can be producit; therefore it is statute, that in caise their probatione cannot be had, that it shall be lawfull to prove the same be the oath of the pairtie alleadgit committer of the saids facts and deeds, and that it shall not be lesum to him to refuse to give his oath in the saids matter, upon whatsomever collour or pretence of criminall action or wthers following thereupon; and to this effect that ane supplicatione be direct to his Majestie, that it might please his Hienes to sett downe ane ordinance for ratificatione of the former statute, to the effect it may be receavit in all judicatories.

Item, It is statute, if any persone or persones quho hes conformit himself to the trew religione presently profest within this realme, and hes subscryvit the Confession of the Faith and receavit the Communion, if in any tyme hereafter he or they doe not haunt the ordinare exercises of religione, being admonisched be their ordinare Pastor trina admonitione, the same being proven shall be ane cause to punische them as held and repute apostates.

Item, It is statute and ordainit, that qwhatsoever persone, knowne of before tyme to have been a Papist, and after reconciling to the Church, he shall be tryit and found to weare and beare under persone Agnus Dei beads, cross, crucifixes, or to have uther house idols or images, or in their books such things as before they have superstitiously used, the same shall inferr just suspicione of apostacie and falling back; and they being convict thereof, shall be halden and repute as apostats.

Item, It is statute and ordainit, that qwhensoever any minister shall receave any Papist returning from his errors to the bosom of the Kirk, that at the tyme of his receaving, the minister shall first take his oath solemnlie sworne, that he shall declare the verity of his fayth and belief in every particular poynt and article contayning the Confessione of the Faith qwhilk shall be speirit at him, and that immediatly the said minister shall examine him particularly upon every head contained in the said Confessione of Fayth, and receave his particular answer thereupon affirmative conforme to the same, utherwayes he shall not be receavit.

Item, It is statute anent the wyfes of noblemen and wthers qwho receipts traffiquing Papists, Jesuites, Seminarie Priests, and if the same were done against the will and knowledge of their husbands, that all such women shall be callit and convenit for the said receipt and intertainment; and their being convict therefore, they shall be wardit ay and qwhill they finde sufficient cautione to abstaine from the lyke in all tyme coming under a certaine paine, but prejudice of any actione that may be competent against their husbands, conform to the lawes of this realme.

Item, Because the speciall cause of increase of Papistrie proceeds upon the not putting to executione of the statutes and acts of Parliament made against traffiqueing Papists, or Seminarie Priests, that therefor an applicatione be directed to his Majestie, that it will please his Hienes to take such order that the lovable laws and acts of Parliament made be his Majestie in tymes bypast against traffiqueing Papists, Jesuites, or Seminarie Priests, may be put to executione in tyme coming with rigour.

Item, It is statute that the haill names of Papists recusants, within this realme, be given in be the Commissioners of this present Assemblie, to the clerk, to be delyverit be him to the Archbischops of St Androis and Glasgow, conforme to their severall provinces, to the effect they may be callit and conveinit before them in the hie commission, and punisched as accords; but prejudice alwayes of uther ecclesiasticall censure and discipline of the Kirk statute against them of before.

Item, It is ordaynit that every ane of the ministry give up the names of such of their paroche as hes past furth of the cuntrie, and not found caution for their behaviour and sincere professione of the trew religione furth of the samen, conforme to the act of Parliament, to the effect they may be callit, convenit, and punishit therefore.