Act anente excommunicantes and excommunicate persones

Oure soverane lord and estates of parliament ratifies the tuo actes of parliament anent the escheates of excommunicat persones mad by his majesties father of blissed memorie, one therof par. 14, cap. 197, and the other par. 20, cap. 3, with the additione and declaratione falloueing: that no gifte of escheat past or to be past upon excommunicatione or horneing wpoun excommunicatione shall be valied, bot the same is declaired to have bene and to be null in all tymecomeing by way of exceptione or reply. And declaires the saidis tuo actes ratified as said is, with the additione foirsaid mad therto, to be extendit to all excommunicatioune pronunced or to be pronunced againes whatsomevir persone or persones and for whatsoevir causes. And further, his majestie and estates foirsaidis ratifies and approves the act made by his majesties father par. 16, cap. 17 anente noncommunicants everie yeir once, with this declaratione and additione: that the penalties of the contraveeneres modified in the said act be payable in all tymecomeing to the severall presbetries within the jurisdictione wherof the contraveeneres duell to be applyed by them ad pios usus, and that the said presbetries or any they appoynt shall have pouer to crave, receive and persue for the same. And further our soveran lord and estates foirsaidis, for the greater terror and the more effectuall reclameing of all excommunicat persones, declaires that all persones whatsoevir, according to the degrees and qualities mentioned in the said act lying wnder the sentance of excommunicatioune, shall be lyable to the paines and penalties therinconteened, and that yeirlie eftir the sentance of excommunicatione ay and whill they be relaxed therfrom and reconceilled to the kirke. And also declairs that the said yeirlie penalties againes excommunicat persones shall perteene to everie paroch kirke and kirke sessione in burghe or landward within ther owne boundis to be applyed ad pios wsus, and that they or any persone they appoynt shall have power to crave, receive and persue the samene, to be applyed to the pious wses of the severall paroch church sessiones wher the contraveeneres duell, and in caise of the paroche churche sessiones ther slaknes the presbetry to exact eftir the expiratione of yeir and day eftir the contraveeneing. And further declaires the donatoures to the excommunicat persones ther simple escheat and lyferent and all other intromettoures with ther goodis and geir and liveingis shall be lyable to the payment of the saidis paines and penalties in the samene maner as the excommunicat persons ar lyable themselves. And because in the said act ther is no particular penalty modified against burgess, therfor his majestie and estates foirsaidis ordeenes everie burges that beares or heath borne office of magistracy so ofte as he shall contraveene the said act to pay the soume of tuo hundreth merkis, and everie other burges the soume of fourtie pundis. And suchlyke ordeanes the saidis persones to be lyable in the saidis penalties respective not only for ther owne personall contraveeneing of the said act bot also so ofte as the samene shall be contraveened by thair wyves respective, and also so ofte as the same shall be contraveened by ther chidrine. Also they shall incurre the first pairt of the saids paines respective for everie bairne not forisfamiliat and of the age of fyftene yeir compleit, and that toties quoties they shall contraveene the said act. And suchelyke that everie servant so ofte as he shall contraveene the said act shall pay one yeirs fie toties quoties, laufull requisitione being allwayes mad to the saidis wyves, childrine and servantes by ther pastor or presbetrie to give obedience to the said act.

  1. NAS, PA2/22, f.114v-115v.