FORSOMEEKLE as diuerse Com­plaintes hauing beene made vnto the Kinges Majestie, both by His Coun­sell and Clergie of this Kingdome: A­nent the great increase and grouth of Poperie and insolencies of persons po­pishlie disposed: His Ma. was pleased out of his Religious Princelie and Fa­therlie care, which hee hath euer had of the flourishing of the Gospel and true Religion, the good of the Church, and Peace of this his auncient Kingdome. To appoint a meeting to bee keeped at Holy-rude-house in the Moneth of Iulij last by past: His Ma. Counsell, the Archbishops and Bishops, and such Commissioners of their Dyocies, as they should thinke fittest, for resoluing vpon such solide and good courses, to bee prosecute against the aduersars of Religion, as should bee thought meete for reclaiming of the tractable and obedient, and for censuring & repressing the stubburne and refractarie sort. Which meeting beeing accordinglie verie solemnelie keeped: And diuerse good actes and ordinances beeing made and set downe for the furtherance and aduancement of that good cause which his Ma. so earnestlie affectes. And the same actes beeing presented to his Royall consideration. It hath pleased his Ma. after due perusall ther­of, to giue his Royall approbation and allowance therevnto in the forme and tennour as they are here conceiued and set downe in order. And therefore the Lords of secreit Counsell according to his Ma. expresse warrand & direction in write, sent vnto them in this matter. Ordaines publication to bee made of the saids Actes by open Proclamation at the marcat Crosses of the head Borrowes of this Kingdome, and others places needfull. Wherethrough none pretend ignorance of the same. Of the which Actes the Tennour followes.

Commission against Jesuites, Seminarie and messe-Preasts, and others.

FFORSOMEEKLE as altho all Jesuites Seminarie and messe priestes and excommunicate traffiquing Papistes are found and declared by diuerse Acts of Parliament & secreit Counsell to be most pernicious pestes in this commonweale & avowed enemies to Gods truth & all Christian Gouernament, & that therfore they were by diuerse Acts & Proclamations made & published heretofore expresselie commanded and charged to haue departed foorth of this Kingdome within acertaine space now of a long tyme bygone, vnder the paine of death. Yet partlie vpon occasion of the comfort and countenance which they finde among numbers of his Maje­sties Subjectes of good qualitie beeing popishlie affected. And partlie by the negligence and ouersight of these. To whose charge the execu­tion of the saides Acts and apprehension and punishing of the saides persones appertained. These Jesuites Seminary and messe Priestes hath taken the boldnesse and encouragement from tyme to tyme to repaire to this Kingdome where they busie themselues to corrupt and peruert the simple and ignorant people, both in their Religion and alledgeance.

And some of these Jesuites and messe Priests being craftie and politick heades and Traffiqueres in materes of state. They bend their whole en­deuoures by surmissing and forging of lies and dispersing of brutes and Rumours of forren projectes and Resolutions among his Majesties Sub­jectes of better sort to distract them in opinions and affections, and to raise & Intertaine factions and sedition in the state. To the trouble and disturbance of his Majesties peace. For preuenting of whose Trea­sonable courses and preseruing of his Majesties good Subjects from the snaires and dangers wherein these wicked politicke and bussie headed peo­ple will not faill to Inuolue them to their vtter wracke and vndoeing.

The Lordes of secreit Counsell being assisted with a number of the Clergie and Commissioners from the seuerall Dyocies of this Kingdome whome his Majestie (Out of his most Religious and pious disposition towardes the propagation and aduanceing of the Religion and sup­pressing of these pernicious and wicked Pestes by whom the Religion & Peace of the Kirk and Countrie, is so mightilie disturbed) Ordained to bee Conueined, hath giuen and granted and by the tennour heereof. Giueth and granteth full power and Commission expresse bidding & Charge to the persons Particularlie vnderwrittin within the boundes following. They are to say, To Iames Earle of Murrey his Majesties Lieu­tennent for the North partes of this Kingdome within the whole boundes of his Lieutennentrie, And to Iohn Bishop of Caithnes, Iobn Sinclar of Rattir, Williame Inneis of Sandside, and Dauid Sinclare of Din, cunjunctlie and se­ueralie within the boundes of Cathnes, And to Colline Earle of Seafort, Donald Lord of Rae, Sir Robert Gordoune, Knight Barronnet, Iohn Gordoune, [Page 3]of Embo, (left blank) Murrey, of Spainzidaill, Iames, Sutherland, Tutour of Duffus, (left blank) Sutherland, of Clyne, Iohn, Mackey, of Dillirait, and Angus, Mackey, of Boghous, conjunctlie & seuerallie within the bounds of Sutherland, & to the said Coline, Earle of Seafort, Archebald, Lord of Lorne, Iohn Bishop of the Yles, Sir Donald Medonnald, of Slaite, Iohn Mackclaud of Hereis, Hector Mackclaine, of Dowart, Iohn Campbell appearand of Caddell, Sir Lauchlane Mackinoun, of Strathordaill, (left blank) Mackclaine of Coill, (left blank) Mackclaine of Loch­bowie, Lauchlane Mackclame of Moruerne, (left blank) Stewart Tutor of Bute, & (left blank) Mackneill of Barra, conjunctlie & seuerallie within the bounds of the Dyocie of the Ylles. And to the said Coline Earle of Seafort, Simion Lord Fra­ser of Lovat, Patrik Bishop of Rosse, Iohn Vrquhart Shiriffe of Cromartie, (left blank) Rosse, of Pitcalnie, Iohn Gordoun of Buckie, & M^r. Angus M^cintoshe Minister at Kingussie, And to the P [...]ouest and Baillyes of Innernesse, conjunctlie and se­uerallie within the bounds of the Dyocie of Rosse, and to Sir Iohn Grant of Freuchie, Iames Brodie of that ilk, (left blank) Dumbar of Grange, Robert Inn [...]s of Balvenie, (left blank) Rosse Barron of Kilrauack, (left blank) Leslie of [...]inressie, and Patrick Grant of Easter Elchies, and to the Prouest and Baillyes of El­gine Forresse, Narne and Bamfe, conjunctlie and seuerallie within the bounds of the Shirifdomes of Elgine, Forresse, Narne and Bamfe. And to Iames Lord Deffurd, Alexander Maister of Forbes, Alexander Irwing of Drum, Sir Alexander Gordoun of Cluny, Iames Crichtoun of Fendraucht, Burnet of Leyes, Iohn Forbes of Leslie, Sir Iames Gordoun appearand of Les­more, Andro Fraser of Muckalls, VVilliam Forbes of Tolquon, Thomas Fra­ser of Streachin, and (left blank) Abercromie of Birkinbag, and to the Prouest and Baillyes of the Burgh of Aberdene, conjunctlie and seuerallie within the boūds of the Shirifdome Aberdene. And to Iohn Earle of Kingorne, Dauid Lord Carnegie, Sir Iohn Scrimgeour of Duddop, Constable of Dundie, (left blank) Lindesay of Edyell, Harie VVood of Bonnitoun, (left blank) Grahame of Fintrie, Sir Coline Camp­bell of Lundie, (left blank) Haliburtoune of Pitcur, Thomas Fothringhame of Powric (left blank) Crichtoune of Ruthuens, Alexander Arskeine of Din, (left blank) Carnegie of Dinnechin. And to the Prouest & Baillyes of Dundie, Forfar, Brechin, & Monrose, conjunctlie and seuerallie within the boundes of the Shirfdome of Forfar. And to George Vicount of Duppline, Lord high Chancellour of this Kingdome. VVilliame Earle of Menteih, President of his Majesties Counsell▪ Iohn Earle of Atholl, Iames Lord of Cowper, Moungo M^r. of Stormount, Coline Campbell appeirand of Glennorchie, Sir Iames Cambill of Lawers, (left blank) Ogiluie of Inch­martine, (left blank) Moncreife of that ilk: Sir VVilliame Stewart of Gairnetullie, (left blank) Blaire of Batheyock, (left blank) Mercer of Aldie, (left blank) Campbell of Crounane, M^r. Iames Stewart of Lady-well, Commissar of Dunkeld, and (left blank) Rattray of Craighall. And to the Prouest and Bailyes of the Burgh, of Perth conjunctlie and seuerallie within the bounds of the Shirefdome of Perth and Stewartries of Stratherne and Menteith. And to Iohn Earle Mare Lord high Thesaurer of this Kingdome, the said VVilliame Earle Men­teith Alexander, Earle of Linlithgow, S^r. Archibald Stirling of Keir, (left blank) Murrey of Poumais, and (left blank) Drumond of Carnok, and to the Prouest Baillyes of Stirling, coniunctlie and seuerallie within the boundes of the Shirefdome of Striuiling. And to Iohn Earle of Rothesse, Iohn Lord[Page 4] Weimes, (left blank) Lord Burlie, Robert Lord Melvill, Sir Thomas Hope of Craighall, Knight Baronnet Sir Iohn Scot of Scotstarbit, Sir George Erskeine of Innertill, Sir Alexander Gibson of Durie, Sir Iames Learmonth of Balcommie, (left blank) Leslie of Newtoune, Iames VVeems appeirand of Bogie, (left blank) Spots-VVood of Dairsie, (left blank) Lindesay of Balcarrasse, & (left blank) Sandelands, of S^t. Monnans, and the Prouest and Baillies of the Borrowes and Townes within the Shirefdome of Eyfe, conjunctlie and seuerallie within the whole boundes of the said Shirefdome. And to Thomas Earle of Haddingtoune, Lord priuie-seale Iohn Earle of Lauderdaill, Iames Lord Dalkeith, Thomas Lord Binning, Iohn Lord Hay of Yester, Iohn Lord Torphichine, Iohn Lord Cran­stoune, (left blank) Lord Ramsay, Sir Patrik Hepburne of VVauchtoune, Sir George Dundas of that ilk, Sir Iohn Hamiltoune of Prestoune, Maister Patrik Hepburne of Smetoune, Sir Iames Richartsone of Smetone, Sir Iames Mackgill of Cranstoun, Sir Iohn Dalmahoy of that ilk, Sir George Forrester of Corsterphine, Sir Iohn Sinclare appearand of Hermistone, and (left blank) Sinclare appeirand of Rosling, & the Prouest and Baillyes of the Borrowes of Edinburgh, and Haddingtoun conjunctlie & seuerallie within the bounds of the Shirefdome of Edinburgh, and Constabularie of Haddingtoune. And to Alexander Earle of Galoway, VVilliam Vicount of Drume-lanerke, the Shireffes of Dumfreis & Ʋigtoune, Hew Vicount of Airdes, (left blank) his Eldest sonne Iohn Gordoun of Lochinvare: Sir Iohn Chartres of Amisfield, Sir Robert Grier of Lag, Iames Iohnstoune of that ilk, Sir Iohn Mackdowgall of Garthland, (left blank) Ʋaus of Barnbarroch, (left blank) Athaunay of Sorbie, Hew Gordoune of Grange, & Archibald Dumbare of Baldune and the Prouest and Baillyes of Dumfreis and Kirkcudbright, conjunctlie and seuerallie within the bounds of the Shirefdomes of Drumfreis & Stewarties of Kircubright & Annerdaill, and to VVilliam Lord Kilmares, Iames Lord Rosse, Sir George Elphingstoun of Bliths-wood, Iustice Clerke, Sir William Cuning­hame of Caprintoun, Sir VValter Stewart of Minto, Ludovicke Haustoun of that ilke: William Simple of Fowlewood, (left blank) Steward of Castlemilke, Archibald Stewart of Blackhald, (left blank) Mure appearand of Rowalland, Iohn Birsebane of Bishoptoun, (left blank) Craufurd of Kilbirnie (left blank) Porterfeild of Douchen, Malcolme Craufurd of Newtoun, and (left blank) Boill of Kelburne, and the Prouest & Baillyes of Aire, Irwing, and Renfrew, conjunctlie and seuerallie within the bounds of the Shirifdomes of Aire & Renfrew. To passe, search, seeke and tak all and sundrie Iesuites, Seminarie and messe-Priestes, and excomunicat traffiquing rebellious Papists, where euer they may bee apprehended, and whose names shall bee giuen vnto them by the Bishop of the Dyo­cie Moderator of the Presbyterie or any of the Ministers of the Presby­terie, or whose names shall bee sent vnto them by his M^a. Counsell or of whom they haue certaine knowledge themselues. And to put holde and detaine them in sure firmance and captiuitie, aye and while order and direction bee giuen for their punishment as accords. With power likewise to the saides Commissioners conjunctlie and seuerallie, to haue a speciall care and regarde within their seuerall bounds and offices, that the superstitious going in pilgrimages to Chappels and Wells, which is become so frequent in this Kingdome: To the great offence of God, scandall of the Kirke, and disgracee of his M^a. Gouenament, be restrai­ned.[Page 5]And for this effect that they cause diligent attendance be giuen at all such parts and places where this idolatrous superstition is vsed. And to take and apprehend all such persons of whatsomeuer ranke and qua­litie whome they shall deprehend going in pilgrimage to Chappels & Wells, or whom they shall know themselues to bee guiltie of that cryme. And to commit them to Warde, and to detaine them therein, till ordour and direction bee giuen for their tryall and punishment con­forme to his M^a. Lawes and acts of Parliament. And if it shall hap­pen the saids Jesuites Seminary and messe priestes and excommunicat Traffiquing and rebellious Papistes, or any of them for eshewing of ap­prehension to flie to strengthes or houses. With power to the saides Commissioners conjunctlie and seuerallie. To doe therein according as is prescriued by his M^a. Lawes in the case of rebellion. And gene­rallie with power to the saides Commissioners conjunctlie and seueralie to doe exerce and vse all and sundrie others thinges which for appre­hension of the saides Jesuits Seminarie and messe Preists excommunicat rebellious papists, & persons superstitiouslie going in pilgrimages to Chap­pels & wells by Law and consuetude of this Realme, may lawfullie be done: Firme and stable, holding and for to hold all and whatsomeuer thinges shall bee lawfullie done heerein. And ordaines letters to bee direct charging Officers of Armes. To passe to the mercat Croces of the head Borrowes of the Shirfdomes Particularlie aboue-writen. And there by open Proclamation. To make publication heereof and to command and charge all and sundrie his M^a. Leiges and Subjectes. To Reuerence, acknowledge, and obey, ryse concurre, fortifie and assist the saides Commssioners conjunctlie and seuerallie in all and euerie thing tending to the execution of this Commssion. And for this effect, To conueene and meete with them at such dayes, tymes and places, as they shall bee aduertised by their missiue Letteres or otherwayes. And that effauldlie and truelie they concurre and joyne with them in the execution of this Commission. And doe nor attempt nothing which may imped or hinder the same or linger and delay the execu­tion thereof. As they and euery one of them will testifie their affecti­on and good disposition to the true Religion, and punishing the Aduer­sars thereof. And vnder the paine to bee repute holden esteemed and persued as fauoreres, suppliers, and showeres of counetenance and assist­tance to the saides Iesuites Seminarie and messe Priestes▪ and excom­municat rebellious Papistes, and to bee punished for the same accord­inglie. And to command and charge the saids Commissioneres to axcept this Commssion in and vpon them, and faithfullie, carefulle, and duetifullie to execute the same. And to bee readie at all tymes as they shall be required or aduertised of the beeing of the saids Jesuites Seminarie and messe priestes and excommunicat rebellious papistes, in anie parte or place within the boundes alloted vnto them. To riase and goe fore­warde for persute and apprehension of them as they will approue them-selues worthie of the trust reposed in them and will answere vpon the contrarie at their perrill.

COMMISSION AGAINST Resetters of Iesuites, Seminarie and messe Priestes.

FOrsomeekle as although the resette, supplie, and intercom­moning with Iesuites, Seminarie and messe Priestes, who by diuerse Actes of Parliament were found and declared to bee profest and avowed enemies to all Christian Go­uernaments, hath beene verie straitlie prohibite and dis­charged by manie good Actes of Parliament, Conuention and secreit Counsell vnder certaine paines mentioned and contained therein. Not­withstanding it is of trueth, that the resette, supplie and comforting of these wicked and vnhappie people, is of late become to bee verie fre­quent and common in this Kingdome, partelie vpon occasion of the by-past connivence and ouer-sight giuen to persons offending in that kinde, and partlie because particular Commssiions hath not beene gran­ted for trying and censuring of the saides Resettes. And the Lordes of secreit Counsell finding that the saide resette is the chiefe and speciall cause whereby these Iesuites and messe Priestes, are encouraged to re­paire to this Kingdome, and to take the libertie to corrupt his Majesties Subjests, both in their Religon and alledgance: Whereas if these resets and starting hols were denyed vnto them, the Countrie would not bee so farre infected and poysoned with their treasonable projectes and in­sinuations. Therefore the Lords of secreit Counsell according to an Act of Parliament made in the month of Iunij 1609 yeares. Ordaines and commands all and sundrie Archbishops Bishops and Presbyteries within the Kingdome. And with that, giueth and granteth vnto them full power and commission: To call and conueene before them all and sundrie persons resetters of Iesuites, Seminarie and messe Priestes, and excommu­nicat rebels for poperie, and all sayers and hearers of Messe, at such dayes and times as they shall appoint. And for this effect, to fence and hold Courts, and to create Officers and members of Court needfull: And the person or persons guiltie of the crymes aboue-written, or any of them, to call and accuse, and to deduce and leade probation therevpon. And to take cognition and tryall of the same, either by oath of partie, or by witnesse. And incase any person resetter beeing lawfullie sum­mound, to compeare and answere vpon the saide resette, will not with­standing wilfullie absent himselfe and shune his tryall, & so take the cryme vpon him, that in that case they hold him as confest: Prouiding alwayes that the name of the partie resette bee speciallie condiscended vpon, and the resette to haue beene within the space of a yeare. And the saide tryall or probation beeing taken, that they report the same to his M^a. priuie Counsell or Aduocat, to the intent the persons guiltie may bee called to their answere, and accordinglie punished. With power like­wise[Page 7]to the saids Archbishops Bishops & Presbyteries euerie one within there owne bounds and offiice. To call and conueene before them all & sundrie persons who against the tennour of the Act of Parliament made in the 1609 yeare of God. Refuseth to communicat and to take tryall and Cognition of their refusall. And if vpon due tryall it shall bee found that they are none Communicants that they decerne them in the particular fynes and paines mentioned and prescriued in the said Act of Parliament. And that they report the processe of their proceedings against the saides none communicants to the Lordes of his M^a. priuie Counsell. To the intent that the saides Lordes vpon Consideration of the proces, may direct letters for vplifting of the saids fynes to his M^a. vse. And that they may modifie the paines to bee imposed vpon Bur­gesses, seeing the same are left by the parliament to the modiefication of the saids Lords. And recommendes to the saides Archbishops Bi­shops and presbyteries, to haue a speciall care to put this Commission to execution.

A PROHIBITJON TO PERSONS vnder proces for popery to repaīr to Court.

FORSOMEEKLE as diuerse persons vnder proces for pope­rie verie frequentlie resorts to his M^a. Court and importuns his M^a. with their petitions. Therefore the Lordes of secreit Counsell prohibits and disharges all persons whatsomeuer beeing vnder proces for poperie, to resort or repair to his M^a. Court without licence had and obtained from the saides Lordes to that effect. Vnlesse his M^a. by a expresse warrand send for them or any of them vnder the paine to bee called persued accused and punished. As coutemners of the directions of his M^a. Counsell.

A VVarrand to Judges of the circuit Courts to proceed against sayers and hearers of messe.

FORSOMEEKLE as by expresse warrand and direction from the Kinges M^a. some circuit Courtes are to bee holden in the seuerall Shirefdomes of this Kingdome by some of the Senatours of the Colledge of Justice, and the Lord Cheife Iustice of this Kingdome. And whereas the hea­ring and saying of messe is now become verie frequent and Common within this Kingdome. To the great offence of GOD scandell of the true Religion and disgrace of his M^a. gouernament. There-the Lordes of secreit Counsell, Ordaines and cammandes that all the saides hearers and sayeres of messe shall bee cited and warned to the saides courts to abyd their tryall and punishment for the saids crymes.

[Page 8]And that the probation to be vsed against them, shall bee by their owne oath or by witnesse at the discretion of the Iudge according to an Act of Counsell made to this effect. And that the punishment to bee inflicted vpon them shall bee by fyning and confining. Conforme to an Act of parliament holden at Edinburgh in the moneth of December 1567 yeares. Or otherwayes according to the Act of Counsell.

An act anent the rents, liuing and goods of ex­communicat and rebellious Papists.

FORSOMEEKLE as diuerse Petitions haue beene giuen in to his M^a. and his counsell by excommunicat persons for poperie, and who are denunced Rebels for that cause, humblie crauing a competent allowance to bee modified vnto them foorth of their estates and liuing for their in­tertainnement abroad during their banishment foorth of his M^a. domini­ons or during their remaining in Ward within this Kingdome. And his M^a. hauing considered of their petitions. And beeing carefull to reclaime them from their errours to the trueth. His M^a. out of his gra­tious bountie and clemencie toward them and vpon hope of their timelie reclaiming, hath ordained and by this present Act with the aduise of the Lords of his Priuie counsell. Ordaines that the Rents and goods of all Papistes who will not conforme themselues to the true profest Reli­gion, shall bee diuided in three parts. Whereof two shall whollie be­long to his M^a. and shall bee intrometed with and vplifted to his M^a. vse. And the third part his M^a. doeth freelie bestow vpon the saides persons. Notwithstanding that by the Lawes of this Kingdome their whole Rentes and goods doe absolutelie belong vnto his M^a. And the Lordes of secreit Counsell being carefull to vnderstand the true worth of the saids persons their estates Liuing and goods. To the in­tent the two parts thereof forsaids may be intrometed with and vplifted to his M^a. vse. Therefore the saids Lords decernes And ordaines all & sundrie persons Papistes who will not conforme themselues to the pro­fest true Relgion. To giue vp to the saides Lords an inuentar of their goods and Rentall of their landes. With this speciall Declaration & prouision allwayes, that they finde a responsall person to bee answereable to the saides Lordes that the inuenter and Rentall so to bee giuen vp & exhibit by them are just and true. And if any part thereeof shall hap­pen to bee concealed or omitted. That the portion so concealed shall bee irrecouerablie lost to the person concealer during his none-confor­mitie wherein notwithstanding his M^a. Royall pleasure is such as imme­diatlie vpon their conforming to the profest Religion discipline and or­doures of the Church, that they shall enjoy their whole Rentes & goods from the dait of their said conuersion in all tyme thereafter.

An act ordaining the Husband to bee answereable for the VVife, if shee reset any Jesuites, Seminarie or messe Priestes.

FORSOMEEKLE as albeit the resset of Jesuites Seminarie and messe priestes hath beene oft prohibite and discharged by the Lawes of this Kingdome. Yet the execution of the saides Lawes is and hath beene illuded by the Wyfes of persons repute and esteemed to bee sound in Religion, who pretending misknowledge of the Actions of their Wyfes in these cases, thinkes to liberat themselues from the danger of the said resset. As if they were not to answere for their wyfes doinges. And vnder this collour and pretext, Jesuites and messe Priests are hoorded and fostered in diuerse houses of the Kingdome, and occa­sion thereby offered to corrupt the Children and seruants of the saids houses in their Religion. For remeed whereof it is heereby declared & ordained that the husband shall bee answereable to his M^a. Counsell & Justice of this Kingdome, that his wyfe being a profest papist vnder pro­ces for the same, shall not resset supplie nor intercommon with Jesuits nor priests. And that he nor shee shall not bee serued with papists and that none shall be admitted to their seruice, but such as haue a Testimo­niall from the Minister where they dwell, that they are sound in Religi­on, vnder the paine contained in the Acts made against the ressetters of Jesuites Seminarie and messe priestes, prouiding alwayes that if she doe anie thing to the contrarie heereof the husband shall acquaint his M^a. Counsell therewith wherin if he faillyie he shalbe lyable to the said censure.

An act against excommunicat persons warded for Poperie.

FOrsomeekle as diuerse persons excommunicat and Rebels for po­perie hath beene and are presentlie in Ward for that cause. And daylie importuns his M^a. Counsell for their reliefe. Therefore it is hereby declared and ordained that no excommunicat Re­bellious papist presentlie in Ward or who hereafter shall bee Warded for his Religion, shall bee relieued out of Ward, but vpon conformitie or els vpon their voluntar offer of banishment out of his M^a. dominions vn­lesse his M^a. giue his expresse warrand in the contrarie.

An act anent the education of Children.

FOrsomeekle as there hath beene diuerse acts of parliament made in the tyme of our late Soueraigne Lord of blessed memorie one thereof in the parliament holden at Edinburgh in the month of October 1579 and the other in the parliament holden at Edinburgh in the moneth of Iunij 1609 anent the education of children. Which acts hath beene neglected, and hath not receiued execution these[Page 10]diuerse yeares bygone so as through neglect thereof diuerse youthes als well the sonnes of Noble-men as others, hath beene verie farre corrupted in their Religion. Therefore the Lords of secreit Counsell, the Clergie & others asisting at this meeting. Ordains the saids acts of Parliament to bee put to due execution in all points conforme to the tennour thereof, and they recommend to the Bishops and Ministers to make a report to his M^a. Counsell of all such Noble-men, and Barons children, whose pa­rents are suspect in Religion, and where they are bred in suspect places

A Charge against the Earle of Nithisdaill for exhibition of his Sonne.

FORSOMEEKLE as there hath beene diuerse acts of parliament made by the Kings M^a. his dearest Father of eternall memorie, anent the Religious education of Noble-mens children. Lik as the Kings M^a. himselfe hath by diuerse letters written to his priuie Counsell, recom­mended the same vnto them. And whereas Robert Earle of Nithisdaill is vehementlie suspected in his Religion, and that the remaining of his Sonne in his companie may proue verie dangerous to the Youth, and now in his tender yeares infect and poyson him with opinions wherefra it will bee difficill thereafter to reclaime him. Therefore ordaines letters to be direct, charging the said Earle of Nithisdaill to bring, presute, and exhibite his said Sonne before the Lords of priuie Counsell vpon the (left blank) day of (left blank) to the intent ordour and direction may bee giuen for his breeding and education in the true Religion presentlie profest, and by Law established within this Kingdome, vnder the paine of rebellion & putting of him to the Horne, with certification, &c.

A Charge against the Earle of Sutherland for remouing of Sir Alexander Gordoun from the Shireffe Deputrie of Sutherland.

FOrsomeekle as there hath beene some acts of Parliament made by his M^a. dearest Father, of blessed memorie, whereby persons excommunicat and at the Horne for po­perie, and who doeth not truelie professe the Religion now established within this Kingdome, are secluded from bearing of any publicke office or charge within the same, as the saids acts, especiallie an act of the Parliament, holden in the month Iunij 1609 beares. Nothwithstanding whereof is it of trueth that Sir Al­exandar Gordoun of Neather-deane, an excommunicat papist, and his M^a. re­bell, and at the Horne for that cause, is perferred by (left blank) Earle of Su­therland Shireffe principall of Sutherland, to bee his Depute of that Shiref­dome, like as the said Sir Alexander hath most vnlawfullie against the Law [Page 11]accepted that office vpon him, and sits and giues decreits and sentences, as if he were a lawfull Subject & Iudge, abusing thereby the place of justice, and vvronging his M^a. poore Subjectes, vvhose decreits and sentences recouered before him, are reduceable, and are like to bee brought in question. Therefore the Lordes of secreit Counsell with aduice of the Clergie & others conueened at this meeting: Ordaines letters to be direct, charging the said Earle of Sutherland and his Tutours & Curators, if hee any hath to nominate and appoint some discreit and lawfull person of sound Religion to bee his Depute in the said office of Shirefship, and to de­barre and seclude the said Sir Alexander from all further vsing and ex­ercing of that office within fifteene dayes next, after the said Earle his Tutours and Couratours beeing charged thereto, vnder the paine of re­bellion and putting of them to the Horne; and if they failyie therein, the said space beeing by past, to denounce them rebels and put them to the Horne. And such like to command, charge and inhibit the said Sir Alexander, that he on no wayes presume nor take vpon hand to vse nor exerce the said office of Shireffe Depute at any time heere after, vnder the paine to bee called, persued, and censured as an usurper of our So­ueraignes Lords Authoritie: And such like to command, charge and in­hibite all and sundrie his M^a. Leiges and Subjects by open Proclamation at all places needfull, that none of them presume nor tak vpon hand to acknowledge or obey the said Sir Alexander as Shireffe Depute of Suther­land, or to giue sute and presence before him or to persue or defend in any actions or causes before him. Certyfiing them that faillyes or doeth in the contrair that not only shall all the decreetes and sentence to bee pronunced by him in these maters, be decerned and declared to haue beene and to bee from the beginning and in all tyme comming null, but with that they shall bee punished as wilfull acknowledgers of an vnlawfull Iudge.

Charges against the Earle of Cathnes, and Sir Alexander Gordoun.

Forsomeekle as George Earle of Caithnes, and Sir Alexander Gor­doun Knight, beeing both excommunicat papists and de­nunced rebels and at the horne for that cause, they not on­lie continues vnder the fearefull sentence of excommuni­cation but most contemnandlie lyes still at the horne con­tinuing thereby both his M^a. Authoritie and the ordoures and censures of the Kirk. To the Encouragement of others to doe the lyke. Therefore the Lords of secreit Counsell ordains letters to bee direct charging the said Earle of Caithnes and Sir Alexander Gordoun. To compeare per­sonallie before the saids Lords at an certaine day to be insert in the saids letters. To answere vpon their excommunciation and rebellion and to vnderly such ordour as shall bee taken theranent. With certification to them and they failyie that letters of treason shall bee direct against them for randering of their houses, and entering of their persons in ward and that they shall bee thereafter persued with all extremitie and rigour.

An Act ordaining the names of the excommunicat Papists to bee affixed vpon the Tolbuith of Edinburgh.

THe Lords of secreit Counsell ordains the names of all the ex­communicat papists giuen in at this tyme in an catologue & roll to bee affixt vpon the Tolbuith of Edinburgh. To the in­tent the Lords of Session and others his M^a. Judges & Com­missars vpon the objection of a partie and inspection of the Catologue, may refuse processe to the partie therein contained.

THe Lords ordains a missiue to be written to the Earle of Murrey recommending vnto him the execution of the Commissions a­gainst Iesuites Seminarie and messe Priests and excommunicat rebels within the bounds of his Commission.

An Act against the Merchants of Edinburgh possest with the Earle of Catihnes Liuing.

FOrsomeekle as the Lordes of secreit Counsell are surelie in­formed that some Merchants of Edinburgh are entrusted possest with the estate & liuing of George Earle of Caithnes and William Lord Berridaill his Sonne with reseruation of a certaine proportion and part thereof allowed vnto the said Earle and his Son for their own intertinement which they peaceablie vplift at their pleasure. And vvhereas they are rebells and at the Horne at the instance of diuerse his M^a. good Subjects, and continues in their rebel­lion, as if they were not subject to King, law, nor Justice. Therefore the saids Lords declares and ordains that if the saids merchants who are entrusted and possest with the estat and liuing of the said Earle of Caith­nes and Lord Berridaill will not vndertake to make them to compeare before the saids Lordes betwixt and the first day of March nixtocome. That then a commission shall bee giuen to the Earle of Seafort or anie other whom his Ma. shall thinke fit for to persute of the said Earle of Caithnes and his said Sonne.

A direction to the Lord Gordoun concerning his Sonne.

THe Lords ordaines and commandes George Lord Gordoun that with al conuenient & expedite diligence he send his Sonnes with a Tutour approuen by the Archbishop of Saint-Androes and his ordinar to be sound in Religion, to Saint-Androes or Cambridge as it shall best please the said Lord: To the intent hee may bee there bredde and brought vp in the true Religion:

A direction to Bishops and Presbyteries anent persons suspect of Poperie.

THE Lords ordaines all the Bishops and Presbyteries within this Kingdoms, to proceede against all rankes and conditi­ons of persons suspect of Poperie vvith the Censures of the Church vvithout exception, vnder the paines contained in the Acts of Parliament.

Anent citations and charges to bee vsed against excommunicat Papists.

THE Lordes ordaines all Summonds and Letters of Hor­ning to bee direct against excommunicat persons dwel­ling on this side of Dee for their comperance before the saides Lords, shall bee execute vpon tenne dayes war­ning, and against these benorth Dee, vpon fifteene dayes warning

Anent charges to bee direct against Ministers at the instance of excommunicat Papistes.

THE Lords of secreit Counsell Ordains that no letters bee granted against any Ministers at the instance of anie excom­municat or rebellious Papist, but vpon caution for pay­ment of the Ministers expenssis, in case he succumbe in prouing of his complaint.

An Act ordaining all Bishops to reside in their Dyocies.

THE Lords of secreit Counsell ordaines and commands that all Bishops none residents with their Families in their owne Dyocies shall repare to their saids Diocies with all conueni­ent diligence. And there remaine and attend their charge. As they will answere vpon the contrare at their perrill.