[1641/8/47]¹

Act regarding excommunicants and excommunicated persons

Our sovereign lord and estates of parliament ratify the two acts of parliament regarding the escheats of excommunicated persons made by his majesty's father of blessed memory, one thereof parliament 14, chapter 197, and the other parliament 20, chapter 3, with the addition and declaration following: that no gift of escheat passed or to be passed upon excommunication or horning upon excommunication shall be valid, but the same is declared to have been and to be null in all time coming by way of exception or reply. And declare the said two acts ratified as said is, with the addition foresaid made thereto, to be extended to all excommunication pronounced or to be pronounced against whatsoever person or persons and for whatsoever causes. And further, his majesty and estates foresaid ratify and approve the act made by his majesty's father parliament 16, chapter 17 regarding non-communicants every year once, with this declaration and addition: that the penalties of the contraveners modified in the said act be payable in all time coming to the several presbyteries within the jurisdiction whereof the contraveners dwell to be applied by them to pious uses, and that the said presbyteries or any they appoint shall have power to crave, receive and pursue for the same. And further our sovereign lord and estates foresaid, for the greater terror and the more effectual reclaiming of all excommunicated persons, declare that all persons whatsoever, according to the degrees and qualities mentioned in the said act lying under the sentence of excommunication, shall be liable to the pains and penalties contained therein, and that yearly after the sentence of excommunication until they be relaxed therefrom and reconciled to the kirk. And also declare that the said yearly penalties against excommunicated persons shall pertain to every parish kirk and kirk session in burgh or countryside within their own bounds to be applied to pious uses, and that they or any person they appoint shall have power to crave, receive and pursue the same, to be applied to the pious uses of the several parish church sessions where the contraveners dwell, and in case of the parish church sessions their slackness the presbytery to exact after the expiration of a year and a day after the contravening. And further declare the donators to the excommunicated persons their simple escheat and liferent and all other intromitters with their goods and gear and livings shall be liable to the payment of the said pains and penalties in the same manner as the excommunicated persons are liable themselves. And because in the said act there is no particular penalty modified against burgesses, therefore his majesty and estates foresaid ordain every burgess that bears or has born office of magistracy so often as he shall contravene the said act to pay the sum of 200 merks, and every other burgess the sum of £40. And also ordains the said persons to be liable in the said penalties respectively not only for their own personal contravening of the said act but also so often as the same shall be contravened by their wives respectively, and also so often as the same shall be contravened by their children. Also they shall incur the first part of the said pains respectively for every bairn not forisfamiliate and of the age of 15 years complete, and that on every occasion they shall contravene the said act. And also that every servant so often as he shall contravene the said act shall pay one year's fee on every occasion, lawful requisition being always made to the said wives, children and servants by their pastor or presbytery to give obedience to the said act.