Page:The Laws and Acts of Parliament of Scotland.djvu/219

THRIT> PARLIAMENT. XXVI. of Jamiar. i$ 7 i, i 97 to fay, everie Arch-bifchop or Bifchoppe , that fall be found remifle , or negligent therein, be the generall Aflemblie of the Kirk, under the paine of tynfell of the fruites of his benefice, forane zeir to our Soveraine Lordisufe, and everie Super-intendent or CommifTioner under rhe paine of tynfell of his ftipend , for ane zeiralfwa, to our Soveraine Lordisufe, and removing ofhimfoorth of his office, and placing of ane uther mair diligent therein. And that the difobedient , obftinat, and relapfe perfones , to be conteined in the faid Catalogue ( after the publication thereof) fall be halden , repute , and efteemed infamous , and un- abill to fit or {land in Judgement, perfew, beare office, nor fall not be admitted, aspreves, witnefles, or affifoures , againft ony profeffing the trew Religion , ayand quhill they have reconciled themfelves to the trevve Kirk , fubmitting themfelves to the difcipline thereof, and obteine Teflimoniall thereupon , quhilk inhabiUtie , being alleged againft ony Judges principall , or deputes , members of Court , officieres , par- ties , or procuratores , perfones of inqueft , or witnefles , fall be relevant exception of the Law , to de- clyne them fra Judgement , office, perfute, procuration, inqueft, or bearing witneffe, without they then prefentlie produce fufficient teflimoniall , witneffing them to be received , as members of the trew Kirk. As alfwa the depute of the Judge principall , quha is the excommunicate , or the procuratour , quha will com- pear for the Excommunicate , fall not be fuffered to proceede , nor heard in Judgement (the Excommuni- cation being opponed and verified , againft the maker of the depute , or conftituant of the Procurator) except- that the principall be quhome they proceede, or ufe their Procuration, firft be received to the Kirk , and have fufficient teftimoniall thereupon. And that the faid exception , be not admitted, againft ony, quhilk fall not be fpeciallie comprehended in the faid Catalogue. And in cafe the Judge proceed , notvvithftanding the faid exception, the famin being lauchfullie proponed , and ratifyed, be the Catalogue forefaid , fik contempteous proceeding , teftifyedbeanelnftrument, and produced before the Lordes of Co uncell, ^U be ane fufficient caufe of fufpenfion, and difcharge of the Execution of the decreit , to bee give n that matter. . l 46. All Ecclejiafticall perfones fetid fubferive the confejjion of the Faith. OfHeretickes. ITEM, For-fameikle as the coniervation , and purgation of the Religion , chiefly perteincs to the Chri- flian Princes and Godlie Kings, Rewlers, and Magiftrats ; and that it is maift requifite, that the Kirk within this Realme , be ferved be Godlie perfones of found Religion , obedient to the authoritie of the Kings Majeftie, our Soveraine Lord : It is theirfoir concluded , ftatute and ordained , be his Majeftie , with advife of his Regent, the three Eftaites , and haillbodieofthis prefent Parliament: That everie perfon , quha fall pretend to be an Minifter of Gods word and Sacraments : Or quha prefendie dois , or fall pretend to have, and bruik ony Benefice , ufe of fruites, ftipend, penfion, or portion foorth of Benefice , and ar not alreadie under the difcipline of the trew Kirk, and participates not with the Sacraments theirof, fall in the prefence of the Arch-bifchop, Super-intendent, or CommifTioner of the Diocefe, or Province quhair he hes, or fall have the Ecclefiafticall living, give his aflent , and fubferive the Artickles of Religion , conteined in the Aftes of our Soveraine Lords Parliament, and give his aith for acknowledging, andrecognofcingof our So- veraine Lord , and his authoritie , and fall bring ane teflimoniall in writing thereupon. And openly on furo Sunne-day , in time of Sermone , or publick prayers in the Kirk , quhair be reafon of his Ecclefiafticall living, lieaucht to attend, or of the fruites quhairof be receives commoditie, reade baith the teflimoniall and con- feflion : and of new mak the faid aith , within the fpace of ane Moneth , after the publication of this prefent Aft. And gif he be foorth of the Realme , within threefcoir dayes after the publication heirof. And in time cumming, within ane Moneth after his admiffion, under the paine that everie perfon that fall not do, as is above appointed , fall be , iff 6 faEfo , deprived , and all his Ecclefiafticall promotions and living, fall be va- cand , as gif he war then naturallie dead. And gif ony perfon Ecclefiafticall , or quhilk fall have Ecclefiafti- call living, fall willfullie maintene ony doftrine, direftlie contrair or repugnant, to ony of the faidis Ar^ tickles: and being convened and called , asfollowes, fall perfl ft therein, and not revoke his error , or after his revocation , fall of new affirme fik untrew doftrine , fik mainteining , affirming and perfifting, fall be juft caufe , to deprive him of his Ecclefiafticall living. And it fall be lauchtull to them , befoir quhome he is cal- led and convened , to deprive him. Quhilk fentence of deprivation pronounced , he fall be deprived in deede, and his living vacand, as gif he war naturallie deade. And that all Arch-bifchoppes , Bifchoppes, iSuper- intendents, Poflefloures, or Titulares of Prelacies be called , and convened for this efTeft , befoir the generall aflemblie of the Kirk , and all inferiour perfones befoir the Arch-bifchoppes , Bifchoppes , Super-intendentes, or Commifiioneres of the Diocefe or provinces , within the quhilkes they dwell, 4 7 . Adverfaries of the trew Religion , ar not fubj efts to the King. Oft_Ajf>oJfates. ITEM, For-fameikle as there hes bene great rebellion, and difobedience againft our Soveraine Lords authority in time by-paft, and feeing the caufe of Gods trew Religion , and his hienefle authoritie toirfaid, arfajoyned, as the hurt of the ane , is common to baith. It is theirfoir declared , ftatute and or- dained, be our Soveraine Lord . with advife and confent of his Regentis Grace, with the three Eftaites , and liaill bodie of this prefent Parliament : That nane fall be repute as loyall , and faithfull fubjeftes to our faid G e Sove-