COMMISSIONS, PROCLAMATIONS, AND ACTS OF privy council, Concerning jesuits, Priests, and Papists.  
5. JULY 1642.  
EDINBURGH, Printed by Robert Young, and Evan tiler, Printers to the Kings most excellent majesty. Anno 1642.   

COMMISSIONS Against jesuits, Seminarie and mass Priests, and excommunicate Papists.  
CHARLES by the grace of GOD, King of great britain, France, and Ireland, Defender of the Faith, To Our Lovits, Heralds, pursuivants, Messengers, Our Sheriffs in that part, conjunctly and severally, specially constitute, greeting.  
Forsameikle as although all Jesuits, Seminarie and mass Priests, excommunicate persons, and trafficking Papists, are declared by divers Acts of Parliament and secret council, to be most pernicious pests in this commonweal, and avowed enemies to the true Religion, and all Christian government, and were therefore by divers Proclamations, made and published heretofore, of a long time by-gone, charged to depart forth of this Our kingdom, under the pain of death; yet, partly upon occasion of the comfort and countenance which they find among Our Subjects of all ranks and qualities, popishly affencted; and partly by the neglect and over-sight of these, to whose charge, the execution of the saids Acts, and apprehension and punishment of these persons appertained, these Jesuits, Seminarie and mass Priests, have taken the boldness from time to time, to repair to this our kingdom, bestirring themselves to corrupt simplo and ignorant people, both in Religion, and allegiance. And some of thief Jesuits, and mass Priests, being crafty and politic heads, and traffiquers in matters of State, bend their whole endeavours by surmises, forging of lies, and dispersing of bruits and rumours of foreign projects amongst Our Subjects of better sort, to distracted them in opinions, and affections, and to entertain divisions in the State, to the disturbance of the peace of the country: for preventing of whose treasonable attempts, and securing Our Subjects from the snares and dangers, wherein they will not fail to involve them, to their wrack and undoing: Wee, with advice of the Lords of Our privy council, according to the former Orders, issued forth by Our Warrant, and Acts of Our privy council, made with consent of some Commissioners of the State and Kirk for the time, have given and granted, and by the tenor hereof gives and grants full Power and Commission, express bidding and charge to the persons particularly underwritten, within the bounds following. They are to say, to Sir James Sinclar of Murkill, Sir William Sinclar of Catbell, Sir John Sinclar of Dunbeth, and 〈◇〉 Bruce of Stanstell, for Our sheriffdom of Caithnes. To Our trusty Cousin and counsellor John earl of Sutherland, and Our trusty and well-beloved counsellor Sir Robert Gordoun of 〈◇〉 and Our Lovits Sir John Gordoun of Embo, George Gordoun, brother to the said earl, Robert Murray of Spainyedaill, and Robert Gray of Skibo, for Our sheriffdom of Sutherland. And to Our right trusty Cousins and counsellors, Archibald, marquis of Argyle, and George earl of Seafort, and to Our Lovits, John Mac Cleud of Herreis, and Coline campbel, Tutor of caddel, for the bounds of the Iles, And to the said earl of Seafort, Hugh Master of Lovat, Sir James Fraser, brother to the Lord Lovat, 〈◇〉 Ros of Ballingowne, Sir John Mac Keinye of Tarbet, and the Provest and Bailiffs of innerness for the time, within the Province of Rosse, And to Our trusty Cousin George, marquis of huntley, and to Our trusty and well-beloved Cousins and counsellors, James earl of Murrey, and James earl of Finlatter, and Our trusty Cousin George, Lord Gordoun, and to Our trusty and well-beloved counsellors, the said Sir Robert Gordoun, and Sir Robert inns of that ilk, and to Our Lovits Alexander Dumbar, sheriff of Murrey, 〈◇〉 Brodie of that ilk, 〈◇〉 Ros of Kilraack, Alexander Abircromby of Birkinboig, Sir Alexander Abircromby his son, 〈◇〉 Ogilvic of Boyne, 〈◇〉 Ogilvie of Kempicarne, and the Provest and Bailiffs of Elgine, Bamf, Forres, and Narne, for the time being, within the bounds of Our Sherifdomes of Elgine, Forres, Narne, and Bamf, And to the said marquis of Hunt lye, William earl Marshall, Andrew Lord Fraser, 〈◇〉 Master of Forbes, Sir Alexander Irwing of Drum, James Crightoun of Fendraucht, Sir Thomas Burnet of Leyes, Sir William Forbes of Cragievar, John Forbes of Leslie, William Seaton of Meany, Walter Forbes of Tolquhoun, Thomas Forbes of Watertoun, Sir William Keith younger of Ludquharne, Alexander Fraser of Phillorth, Thomas Fraser of Streachin, Alexander Forbes Tutor of Pitsligo, John Keith of Clakriach John Udnye of that ilk, Master Robert martin in Clarkhill, Walter Ogilme of Ridhyve, 〈◇〉 Baird of Auchmedden, Thomas Areskine of Pittodrie, John Forbes of Aslown, John Irwing of Beltie, Robert Ferquharson of Innercald, Sir William Forbes of Monymusk, Master James Buchan of Achmacoy, John Forbes in the old town of Aberdeen, Master Robert Gordoun of Straloch, and the Provest and Bailiffs of Aberdeen for the time, within the bounds of the Province of Aberdeen, And to the said earl Marshall, John earl of Kingorne, David earl of Southesk, 〈◇〉 viscount of Arburthnet, James Lord Carnegie, James Master of Duddop, Sir David Grahame of Fintrie, Sir Alexander Areskine of Dun, Sir 〈◇〉 Grahame of Morphie, Sir Gilbert Ramsay of Balmayne, and the Provest and Bailiffs of Dundie, Forfar, Brechin, and Monrose, within the bounds of Our Sherifdomes of Kincardin, and Forfar, And to Our trusty Cousin and counsellor, George earl of Kinnowl, and to Our trusty Cousins, 〈◇〉 Lord Gask, James Lord Cowper, Andrew Lord Balvard; and to Our Lovits, Sir Robert campbel of Glenurquhie, Sir Mungo campbel of overpowers, Sir Patrick Ogilvie of Inchemartine, Sir Thomas Ruthven of Freeland, 〈◇〉 Blair of Baltheyock, and the Provest and Bailiffs of Perth, within the bounds of the Sherifdomes of Perth, Stratherne, and Monteth, And to Our trusty and well-beloved Cousins and counsellors, John earl of Mar, and James earl of Callander, and to Our trusty Cousin John Lord Areskine, and to Our trusty Cousin and counsellor, Alexander Lord Elphinstoun, and to Our Lovits, Sir William Murrey of Polmais, 〈◇〉 Cuningham of Bolquhen, Sir Charles Arskyn of Bandeth, and the Provest and Bailiffs of Sterline, for Our sheriffdom of Sterline, And to Our right trusty Cousins and counsellors, William earl of Morton, Charles earl of Dumfermline, John earl of Lindesay, John earl of Weims, John Lord Sinclar, Robert Lord Burghlie, 〈◇〉 Lord Balcarres, and to Our trusty counsellors, Sir Alexander Gibson of Durie, Clerk Register, and Sir Thomas Hope of Craighall, Our Advocate, and to Our trusty and welbelovits, Sir James Learmonth of Balcolmie, and Sir John Leslie of Newtoun, and Sir 〈◇〉 Sandelance of Sanctmonance, and William Rig of Athernie, and the Provest and Bailiffs of Our burrows in Fyfe, for that sheriffdom, And to Our trusty Cousins and counsellors, John earl of Lauderdail, William earl of Dalhoussie, and Archibald Lord Angus, and to Our trusty Cousin John Lord Maitlane, and to Our trusty Cousin and counsellor, John Lord Yester, and to Our trusty Cousin, John Lord Cranstoun, and to Our trusty and well-beloved counsellors, Sir Patrick Hepburne of Wauchton, and Sir George Dundas of that ilk, And to Our trusty and welbelovits, Sir Adam Hepburne of Humbie, one of the senators of the college of Justice, Sir John Hamilton of Preston, and Sir John Sinclar of Hirdmestoun, and the Provest and Bailiffs of the burrows within the Sherifdomes of Edinburgh, and Hadintoun for that bounds, And to Our right trusty Cousins, James earl of Annandaill, William earl of Queensberrie, John viscount of Kenmure, William Lord Crightoun, 〈◇〉 Lord Dalyell, Thomas Lord Kirkcudbright, James Lord Johnstoun, Sir Robert Greir of Lag, 〈◇〉 Charters of Armsfield, 〈◇〉 Kirkpatrick of Closburne, James Crighton, son to the earl of Dumfreis, William Douglas of Kelheid, Master George Douglas of Penyerie, colonel William Stuart, James Douglas of Monswald, John Crightoun of Crawf●rston, 〈◇〉 Jardan of Apilgirth, James Johnston of Corheid, the Provest and bailiffs of Dumfreis, Wigton, and Kircu●bright, Alexander Gordon of Erleston, 〈◇〉 Gordon of Cardyns, Richard Mure of Cassincarie, John Lenox of Kellie, William Gordon of 〈◇〉 Gordon of Craichlaw, George Glendoning of Lothin, James Mac Dougall of Garthland, the sheriff of gallovvay, 〈◇〉 Mac Dougall of french, 〈◇〉 of Logan, and 〈◇〉 Johnston of Westraw, within the bounds of Wigtoun, Dumfreis, Kirkcudbright, and Annandaill, And to Our trusty Cousins and counsellors, John earl of Lowdoun, Lord chancellor, Alexander earl of Eglinton, John earl of Cassiles, and to Our Lovits, Sir William Cuningham of Caprinton, Sir 〈◇〉 Crawfurd of Kelburne, Sir Lodowick Houston of that ilk, Sir William Mure of Rowallan, 〈◇〉 Birsbane of Bishopton, 〈◇〉 Porterfield of Deuchan, and Sir William Cochran of Cowdon, within the bounds of Air, Irwing, and Renfrew, to pass, search, seek, and take all and sundry Jesuits, Seminarie and mass Priests, and excommunicate, trafficking, rebellious Papists, where ever they may be apprehended, and whose names shall be given to them by the moderator of the presbytery, or any one of the Ministers of the presbytery, or whose names shall be sent to them by Our council, or of whom they have certain knowledge themselves, and to put, hold, and detain them in sure firmance and captivity, ay and while order and direction be given for their punishment, as accords. With power to Our saids Commissioners, conjunctly and severally, by their best endeavours, to restrain the superstitious going in pilgrimages to chapels, and Wells, which hath been very frequent in this Our kingdom, to the offence of God, scandal of the Kirk, and disgrace of Our government. And for this effect, to cause diligent attendance be given at such parts and places where this idolatrous superstition is used, and to apprehended all persons of whatsoever quality, whom they shall deprehend, going in pilgrimages to chapels and Wells, or whom they shall know themselves to be guilty of that crime, and to commit and detain them in ward, till order shall bee given for their punishment, conform to the laws of the country. And if it shall happen the saids Jesuits, Seminarie and mass Priests, and excommunicate, trafficking, and rebellious Papists, or any of them, for eschewing of apprehension, to flee to strengths and houses, With power to Our saids Commissioners, conjunctly and severally, to do therein according as is prescribed by our laws in case of rebellion: And generally with power to Our saids Commissioners conjunctly and severally to do, exerce and use all and sundry other things, which for apprehension of the saids Jesuits, Seminarie and mass Priests, and excommunicate, rebellious Papists, and persons superstitiously going to Pilgrimages and Wels, by Law and Consuetude of this Our realm, may lawfully be done firm and stable, holding, and for to hold, all and whatsoever things shall be lawfully done herein.  
OUR WILL IS HEREFORE, and Wee charge you straitly and command, that incontinent these Our Letters seen, you pass to the market Crosses of the Head burrows of Our Sherifdomes particularly above-written, and by open Proclamation make publication hereof, and that you command and charge all Our Lieges and Subjects, to reverence, aclowledge and obey, rise, concur, fortify and assist Our said Commissioners, conjunctly and severally, in all and every thing tending to the execution of this Our Commission: And for this effect to convene and meet with them at such dayes, times and places as they shall bee advertised by their missive Letters, or otherways; and effaldly and truly to concur and join with them in this Commission, and to do nothing which may hinder and impede the same, or linger and delay the execution thereof, as they and every one of them will testify their affection to the true Religion, and punishing the adversaries thereof, and under the pain to bee pursued and punished, as favourers, suppliers, countenancers, and assisters of the saids jesuits, Seminary and mass Priests, and excommunicate rebellious Papists: And that you command and charge Our saids Commissioners to accept this Commission upon them, and faithfully and carefully to execute the same, and to bee ready at all times, as they shall be required or advertised of the being of the saids Jesuits, Seminarie and mass Priests, or excommunicate rebellious Papists, in any part within the bounds allotted to them; to rise and go forward for their pursuit and apprehension, as they will approve themselves worthy of the trust reposed in them, and will answer on the contrary at their peril. The which to do, We commit to you conjunctly and severally Our full power, by these Our Letters, delivering the same by you duly execute and endorsed again to the bearer.  
Given under Our Signet at Edinburgh the 5. day of July, and of Our reign the 18. year, 1642. Per actum secreti Consilii.   

CHARGES Against jesuits, and mass Priests, to depart out of the country.  
CHARLES by the grace of GOD, King of great britain, France, and Ireland, Defender of the Faith, To Our Lovits Heralds pursuivants Messengers, Our Sheriffes, in that part conjunctly and severally, specially constitute, greeting.  
Forsameikle as the Lords of Our privy council are informed, that divers Children of Noblemen, and others Our subjects of this Our kingdom, have been heretofore sent over into Seminarie colleges, and other Popish houses beyond Sea, and there instructed, persuaded, and strengthened in their Popish errors, where-through they become not onely corrupt and perverted in their Religion, but poisoned and infected in their duty and allegiance to Us, and alienated in their natural love and affection to their country, which is so much the more dangerous, because the poison being infused into youths and students, as into new vessells, groweth in time to an inveterate habit of malice, against the present government. As also that divers Jesuits and Seminarie Priests, haunt, frequent, and are reset in the houses of many of the Subjects of this Our kingdom, whereby there is a daily growth and increase of Papists: And We fearing the dangerous consequences that hereupon may follow, and being careful to prevent the same, and therewithal being desirous to notify Our readiness and constant resolution to maintain the true Religion professed, and by Law established, as upon all occasions to repress the contrary: Therefore according to a former Act and Proclamation, emitted by Our Warrant of the date the first of November, 1625.  
OUR WILL IS, and Wee charge you straitly and command, that incontinent these Our Letters seen, you pass to the market crosses of the head burrows of this Our kingdom, and other places needful, and make publication thereof: And that you command and charge all the saids Children that betwixt and the first day of January next, they return to this their native country, and comform themselves to live in such duty and obedience as becomes good Subjects, and that their Parents, Tutors, and Governours, and such others, as have been, or are faulty either in sending, permitting, or maintaining them there, take present order to recall them home, and provide that they be returned to this Our kingdom, betwixt and the day foresaid, and that none be sent over, permitted to go, or maintained there hereafter, under the pain of the uttermost severity of Justice to be extended in that behalf and inflicted upon them. And such like that you command, charge, and inhibit, that no Priest, nor other Person, having taken, or who shall take order by, or under any authority, or power, derived from the Sea of Rome, whether they be natural born Subjects, or Strangers, do presume to confer any ecclesiastical order, or exercise any ecclesiastical jurisdiction, or function whatsoever, towards, or upon any Our natural born Subjects of this Our kingdom. As likewise, that you command and charge all and sundry Judges, and Justices, to whom it appertaineth, to put all Our Laws and Statutes now standing in force against Jesuits, Seminarie Priests, and others, having taken orders from the Sea of Rome, being Our Subjects, to due and full execution, against such of them as from, and after the last day of September next to come, shall be found within this Our kingdom. Which day We have limited and prefixed for the uttermost term of their departure. As also that you command, charge, and inhibit all Our Lieges and Subjects, that none of them presume nor take upon hand, after the said day, to reset, supply, harbour, entertain, relieve, or conceal any of the saids Jesuits, Seminarie Priests, or other Popish Priests, under the pains provided by Our laws in that behalf, Which pains shall be severely inflicted upon the offenders, without favour. And last, that you command and charge all Our Subjects, of whatsoever rank and degree, to conform themselves to the public profession of the true Religion now established, like as We prohibit the exercise of any contrary profession, under the pains contained in Our laws and Statutes made hereanent. And We ordain all Synods and Presbyteries to proceed against all such as are known to be of a contrary profession, according to the laws of the Kirk and realm. The which to do, We commit to you, conjunctly and severally, Our full power, by these Our Letters, delivering the same by you, duly execute, and endorsed again to the bearer.  
Given under Our Signet at Edinburgh the 5 of July, and of Our reign the 18 year. 1642. Per actum secreti Consilii.   

ACTS OF council, Concerning jesuits, Priests, and excommunicate Papists. At Edinburgh the fifth day of July 1642.  
FOrsameikle as although the reset, suplie, and intercommuning with Jesuits, Seminarie and mass Priests( who by divers Acts of Parliament were found to be professed and avowed enemies to all Christian government) have been straitly discharged by many good Acts of Parliament, Convention, and secret council, under certain pains contained therein: Notwithstanding it is of truth that the reset, supply, and comforting of these unhappy People, is very frequent, in divers parts of this kingdom: partly upon occasion of bypassed connivance, and over-sight, given to persons offending in this kind, and partly because particular Commissions have not been granted for trial of the saids resets, which is the chief and special cause whereby these Jesuits and mass Priests are encouraged to repair to this kingdom, and to take liberty to corrupt His Majesties Subjects both in their Religion and allegiance: whereas if these resets, and starting-holes were denied unto them, the country would not be troubled with their treasonable projects and insinuations: Therefore the Lords of secret council, according to an Act of Parliament, made in the month of June, 1609. and to former Acts of secret council, and to the 13. Act of the Parliament, holden at Edinburgh in September, 1640. ordains and commands all and sundry Synods and Presbyteries within this kingdom, and with that gives and grants unto them full Power and Commission, to call and convene before them, all and sundry persons resetters of Jesuits, Seminarie and mass Priests, & excommunicat Rebells for popery, and all hearers and sayers of mass, 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 needful, and the person or persons guilty of the crimes above-written, or any of them, to call and accuse, and to deduce and led probation thereupon, either by oath of party, or by witnesses. And in case any person resetter being lawfully summoned to compear and answer upon the said reset, will notwithstanding wilfully absent himself, and shun his trial, and so take the crime upon him, that in that case they hold him as confessed: Providing always, that the party reset be specially condescended upon, either by his own proper name, or by the name and designation which he assumes to himself, and whereby he is known in the country, and that the reset hath been within the space of one year: And the said trial and probation being taken, that they report the same to the Lords of privy council, or to His Majesties Advocate, to the intent the Delinquents may be called to their answer, and punished accordingly. With power to the saids Synods and Presbyteries, every one within their own bounds, and offices, to call before them all persons who against the tenor of the Acts of Parliament, 1609. and 1640. refuse to communicate; and to take trial of their refusal, And if thereupon they shall be found non-communicants, that they report the same to the council, that they may fine them: Which fines are to be applied to the uses prescribed, by the said Act of the late Parliament. And recommends to the said Synods and Presbyteries, to have a special care to put this Commission to execution in all points.  
The Lords of secret council, according to a former Act of council, made in July 1629. declares, and ordains, that no excommunicate Rebells who shall be warded for matters of Religion, shall be relieved out of ward, but upon obedience and conformity to the true Religion, or else upon their voluntary offer of banishment forth of His Majesties whole Dominions.  
Forsameikle as by divers Acts of Parliament, Convention, and secret council, made and published heretofore, it is ordained, that no person nor persons whatsoever who professeth not the true Religion presently professed within this kingdom, shall be preferred to any office whatsoever without exception, or restriction. Therefore the saids Lords, conform to the saids Acts, declares and ordains, that no professed Papist, refusing to communicate being required thereto, shall have place in council, Session, or any other Judicatory, nor bruike any office within this kingdom, and ordains these whom it concerns, to have a special care of the precise observation of the saids Acts. And such like the saids Lords prohibits and discharges all persons whatsoever, being under process for popery, to resort or repair to His Majesties Court without Licence from the saids Lords, under the pain to be called, pursued, and punished as contemners of the directions of His Majesties council.  
Forsameikle as there have been divers Acts of Parliament and secret council made anent the education of Noblemens Children, which have been neglected, and not received execution these divers yeers by-gone; where-through divers youths, as well the sons of noblemen, as others, have been, and are very much corrupted in their Religion: Therefore the Lords of secret council ordains the saids Acts of Parliament to be put to execution in all points, conform to the tenor thereof: And they recommend to the several Presbyteries of the kingdom, to make a true report to His Majesties council of the names of such Noblemen and Barons sons and daughters, whose parents are suspect in Religion, or where they are bread in suspect places.  
The Lords of secret council ordains the names of all excommunicate Papists, given in at this time in a Catalogue and roll, to be affixed upon the Session house of Edinburgh, To the intent the Lords of Session, and others Judges, and the Commissers upon objection of parties, and inspection of the Catalogue, may refuse process to the party therein contained.  
The Lords ordains the Synods and Presbyteries of this kingdom, to proceed against all ranks and conditions of persons suspect of popery, with the censures of the Kirk without exception, under the pains contained in the Acts of Parliament.  
The Lords ordains Letters to be direct against excommunicate Papists, being Rebells, to compear before the council, to hear Letters of treason direct against them for rendering their houses, and entering their persons in ward in blackness: and that the summons against such of them as dwell on this side of d'ye, shall be upon ten dayes warning: and against these by north d'ye, upon fifteen dayes: As also that Letters of intercommuning bee direct against them upon lawful Hornings to be given in for Warrant thereof.  
The Lords of secret council ordains that no Letters be granted against Ministers at the instance of excommunicate and Rebellious Papists, but upon caution for payment of the Ministers expenses in case they succumbe in proving their complaint: and that Letters be direct against all such persons who shall abuse ecclesiastical Judicatories, or threaten to take Ministers lives for their appearance before the council to their answer.  
The Lords of secret council recommends to the lion King of arms, to discharge all Messengers of arms suspect of popery, and refusing to subscribe the Covenant, being required thereto by the presbytery, to execute their office till they conform.  
The Lords of secret council recommends to the Lords of Exchequer, to have a special care that the escheits and life-rents of excommunicate Papists be only applied to His Majesties use, and no ways to the use of the Rebells, directly nor indirectly, and that the intrometters with the same for times by-gone, be called and pursued with convenient diligence. And for this effect to see the 13. Act of the late Parliament, made hereanent observed in every point.  
Forsameikle as albeit the reset of Jesuits, Seminarie and mass Priests have been oft prohibit and discharged, yet the execution of the laws made hereanent, hath been illuded by the Wives of persons repute and esteemed to be sound in Religion, who pretending misknowledge of the actions of their Wives in these cases, think to liberate themselves of the danger of the reset, as if they were not to answer for their Wives doings; and under colour hereof, Jesuits an● mass Priests are hoardward in divers parts of the kingdom, and occasion ●… hereby offered to corrupt the children, and servants of ●… he House in their Religion. For ●emeid whereof con●… orme to a former Act of council it is declared, that the Husband shall be answerable and compt●… ble to His Majesties council and Justice of the kingdom, that his Wife being a professed ●apist, or under ●… rocesse for popery, shall not reset, sup●lie, nor inter●… ommune with Jesuits, nor Priests, A●d that he nor ●… he, shall not be served by Papists, and th●t none shall ●… e admitted to their service, but such as h●ve a Testi●… oniall from the Minister where they dwe●l, of the ●… oundnesse of their Religion, under the paine● contain●… d in the Acts of Parliament, made against the resetters ●… f Jesuits, Seminarie and mass Priests, specially in ●… he 13. Act of the last Parliament, 1640. prescribed ●… 'gainst Husbands, Wives, Children, and Servants ●… n this behalf. Which the Lords ordains to be put to ●… xecution in all points.  
Extractum de libris Actorum secreti Consilii, S. D. N. Regis, per me Archibaldum primrose, Clericum ejus●… em, sub meis signo & subscriptione manualibus.  
FINIS.