[1598/10/3]¹

Act against excommunicated papists

Forasmuch as in the parliament held at Edinburgh, 21 July the year of God 1593, it is specially statute and ordained that all harbourers and entertainers by the space of three nights together, or three nights at several times, of excommunicated Jesuits or trafficking papists against the king's majesty and religion presently professed and established within this realm, the same being duly and lawfully tried, shall infer the deed to have been of the knowledge and goodwill of the person or persons accused thereof, who being convicted of the premises or any of them, their escheat for the first fault shall fall and become in his majesty's hands and shall be intromitted with to his highness's proper use; and being convicted thereof the second time, shall forfeit and lose their liferent, whatsoever their lands, possessions, other goods and gear; and being accused and convicted thereof the third time, shall incur the pain of treason, and the process and doom of forfeiture shall be orderly led, pronounced and executed against them with all rigour. Which act has been little or nothing feared by any of the lieges but some disregarding his highness's authority and taking no account of any danger or inconvenience that might incur to them by their receipt of the said Jesuits and others above-written, but, by the contrary, seeing the same act heretofore has taken no execution, has assured themselves of impunity however they break and transgress the same; and because there are sundry of the said Jesuits and trafficking papists that are already within this country or are shortly to repair within the same, therefore it is concluded by his majesty and estates of this present convention that publication be made at the head burghs of every shire within this realm inhibiting and discharging all and sundry our sovereign lord's lieges to receive or entertain any of the said Jesuits or excommunicated trafficking papists, and in special Master Gilbert Brown, abbot of New Abbey, Master Robert Abercrombie, Master Alexander MacQuhirrie, alias Gibson, Master [...] Murdo, Master George Kerr and Thomas Tyre, assuring that those that shall be found entertainers and harbourers of them and contraveners of the premises shall be criminally pursued thereof and the pains contained in the said act of parliament shall be exacted against them and the same acts shall be put into execution with all extremity.