[A1573/1/3]¹

Anent the trew and haly kirk

Item, forsamekle as thair was ane act maid in the parliament haldin in the first yeir of our soverane lordis regne, that now is intitulat 'Anent the trew and haly kirk and of thame that ar declarit not to be of the same kirk', quhilk act, our soverane lord, with avise and consent of my lord regentis grace, the thre estatis and haill body of this present parliament, ratifyis, approvis and for his hienes and his successouris perpetually confirmis; and seing the educatioun of our soverane lord is in the trew religioun of Jesus Christ and that the samin religioun, be lawis and actis of parliament maid in his hienes regne, is establischit, and that it is baith godly and expedient that all his hienes subjectis worschip the only trew God in the uniformitie of religioun and his hienes obedience, thairfoir it is statute and ordanit be our said soverane, with avise of his said regent, the thre estatis and haill body of this present parliament, that the lauchfull archebischoppis, bischoppis, superintendentis and commissionaris of the dioceis and provinces of this realme, be thame selfis and the ministeris and reidaris serving at the kirkis within thair charges respective, with all diligence, efter the publicatioun of this present act, note the names of the persounis, asweill men as wemen, suspectit to be papistis or that hes not communicat with the sacramentis as thay ar now trewly ministrat in the reformit kirkis of this realme and, with the lyke diligence, lauchfully admonische thame according to the ordour of the kirk; and in case thay be furth of the realme, upon thre scoir dayis warning to recant thair papisticall errouris, gif the confessioun of thair faith according to the forme approvit in our soverane lordis parliament, be participant with the sacramentis and submit thame selfis to the discipline of the trew kirk within certane ressonable space, under the pane of excommunicatioun; and gif thay failye, to pronounce the sentence of excommunicatioun aganis thame. And in case of the contumacie and non comperance of ony persounis swa admonischeit or comperand, gif thay refuse to obey the admonitioun, and thay quha hes returnit to thair errouris efter thair confessioun anis gevin, that everie lauchfull archibischop, bischop, superintendent or commissionar present ane roll and cathalog of the names of the disobedientis, obstinat or relaps persounis to our soverane lord and his regent betuix and the first day of Junii nixt to cum, to the effect that the samin may be imprentit, divulgat and affixit on the tolbuith of Edinburgh and utheris tolbuithis and publict places of judgement within this realme, under the panis following: that is to say, everie archibischop or bischop that salbe fund remis or negligent thairin be the generall assemblie of the kirk, under the pane of tynsall of the frutes of his benefice for ane yeir to our soverane lordis use; and everie superintendent or commissionar, under the pane of tynsall of his stipend for ane yeir alswa to our soverane lordis use, and removing of him furth of his office and placing of ane uther mair diligent thairin. And that the disobedient, obstinat and relaps persounis to be contenit in the said catholog (efter the publicatioun thairof) salbe haldin, reputed and estemit infamous and unabill to sit or stand in jugement, persew, beir office, nor sall not be admittit as previs, witnessis or assysouris aganis ony professing the trew religioun ay and quhill thay have recounsallit thame selfis to the trew kirk, submittand thame selfis to the discipline thairof, and obtene testimoniall thairupon; quhilk inhabilitie being alledgeit aganis ony judges principall or deputis, members of court, officiaris, parteis or procuratouris, persounis of inquest or witnessis salbe relevant exceptioun of the law to declyne thame fra judgement, office, persute, procuratioun, inqueist or beiring witnes, without thay than presently produce sufficient testimoniall witnessing thame to be ressavit as members of the trew kirk. As alswa, the depute of the judge principall quha is the excommunicate, or the procuratour quha will compeir for the excommunicate, sall not be sufferit to proceid nor hard in judgement (the excommunicatioun being opponit and verifyit aganis the maker of the depute or constituant of the procuratour), except that the principall be quhome thay proceid or use thair procuratioun first be ressavit to the kirk and have sufficient testimoniall thairupon; and that the said exceptioun be not admittit aganis ony quhilk sall not be specially comprehendit in the said catholog. And in case the judge proceid, notwithstanding the said exceptioun, the samin being lauchfully proponit and ratifyit be the catholog foirsaid, sic contemptuous proceding testifyit be ane instrument and producit befoir the lordis of counsall salbe ane sufficient caus of suspensioun and discharge of the executioun of the decreit to be gevin in that mater.