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A58564 An act for securing of the Protestant religion as it was passed in the Parliament of Scotland, on Saturday, August 13, 1681. Scotland.; Scotland. Parliament. 1681 (1681) Wing S1099; ESTC R6422 3,044 1

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AN Act for securing of the Protestant Religion As it was past in the PARLIAMENT of Scotland on Saturday August 13. 1681. OUR Soveraign Lord considering how necessary it is for securing the Protestant Religion and that all his good Subjects may be fully assured that the Popish Religion shall never be introduced or tolerat in this Kingdom and that the many excéllent Laws made in favours of his Protestant Subjects are of the Protestant Religion against Popery may attain the affected execution That none but true and sencere Protestants exercise any publick Trust within this Kingdom and that no Iesuit Priest nor trafiquing Papist who may withdraw or withold his Subjects from the Protestant Religion be suffered to be or abyd in this Kingdom And seeing the Acts for Excluding Papists from publick Trust have no special Penalties adjected thereto and that there may be a clear Test to discover Papists Therefore his Majesty with Advice and Consent of his Estates of Parliament statutes and declares That whosoever being required by any Minister of the Church or Magistrate of the Kingdom do not subscribe the Confession of Faith subjoyned to the third Act of the first Parliament of King James 6. shall be holden and reputed Papists or who shall refuse to swear the Oath subjoyned to the said Confession and signe the same in this form I or we do declare and swear by the Eternal God whom we call to be Judge and Witness of our Sincerity herein That we assent to the said Confession of Faith according to the ordinary meaning of the word without equivocation mental reservation and without accepting any dispensation that we shall never endeavour or consent to any alteration of the foresaid Confession of Faith And his Majesty with consent and advice foresaid statutes and ordains That all who now are in any publick Trust shall betwixt and the day of next to come take the said Test in some of the places wherein they serve and report the same to his Majesties Privy Council And that all who shall hereafter at any time be admitted to any Place Office Commission or Employment Ecclesiastical Civil or Military shall at their entry thereto take the said Test and renew the same when required under the paine of Confiscation of their Lands which his Majesty now as then annexes to the Crown and shall confiscat all sums of money heretable or movable and all movable Goods for the use under-written Like as his Majesty with consent foresaid ordains all the Ministers who are or shall be in this Church to declare upon Oath to their Ordinary at each Diocesion meeting whom they know or suspect within their several Parichons to be in Orders or Monastick Vows of the Church of Rome or other trafiquing Papists whom they know or suspect to be the ressetters or hearers of them say Mass or preach and where their Residence or Haunts are and whom they know or suspect to be Papists in their several Paroches And that the Bishops call before them the persons so delated and use their best endeavours to convince them of their Errour and unite them to this Protestant Church and offer to them the foresaid Test and in case of their absence and obstinacy that they proceed to Excommunication And that they yearly send an Account of their diligence to his Majesties Privy-Council in the Moneth of November and that they give a List of the persons delated to all the Iudges ordinary in Burghs or Landwards within their respective Diocies who are hereby ordained to take all other tryal for the discovery of those in Orders or Monastick Vows of the Church of Rome and other trafiquing Papists or other Papists And that they take the Oaths of all Members of the Kirck-session except the Minister within the several Iurisdictions for making of the like Declaration once at least every year and that they use all diligence to put the Laws in execution against the persons discovered or delated as afforesaid And that they return account of their diligence to his Majesties Privy-Council once every year in the Moneth of November beginning in November next with Certification that whosoever shall fail in their respective diligences above-written shall omit their years Benefice or Stipend and the said Magistrates that years Rent in which they shall happen to fail to diligences as afforesaid Likeas his Majesty with Consent foresaid declares That all Escheats Life-rents and other Penalties that shall befal by the execution of this Statute or any of the former Statutes against Papists except the Lands to which they have redeemable right shall belong and be divided in manner following viz. One third part of the sums whereon Infeftment have not followed to the Poor of the Paroch where the party transgresses and resides and the movable Goods to the Poor of the Paroches when they are found and the sums whereupon Infeftment or other affectable diligence lies followed to the Poor of the Paroch where such Lands lie respective except of the Life-rent of such Papists who are not amongst the Trafiquers before innumerat which may be gifted as his Majesty shall see fit An● another third part of the saids Confiscations to belong to the Vniversities and Colledges viz. All within the Vniversity of St. Andrews to the Vniversity of St. Andrews except the Diocies of Esr to the Colledges of Esr and the Diocies of Aberdeen and Morray to the Colledges of Aberdeen and all within the Province of Glasgow to the Colledge of Glasgow And the other third part of the foresaids Confiscationes to belong to publick Works of the several Shires to ●e applied and managed by the Iudges Ordinary as Iustices of Peace or Commissioners of Excise when there are no Iustices of the Peace And ordains all persons who are intrusted for the said Societies Pensions and Vses to be liable for diligence to make the same effectual And further his Majesty with Advice and Consent foresaid statutes and ordains and declares That all Kings and Queens who shall succeed to the Imperial Crown of this Kingdom in time coming at the entry to their Government and also at their Coronation shall promise and swear in presence of the Eternal God whom they call as Iudge and Witness of their sincere meaning and intention To observe without dispensation from any creature the Oath contained in the eighth Act of the first Parliament of King James 6. And shall also swear That they shall not endeavour or consent to the alteration or change of the Protestant Religion nor to the abrogation or derogation of the Laws made for the same That they preserve and defend this Protestant Church in the just Rights and Priviledges thereof as now by Law established That they shall give no Grant of any Trust Office or Employment within this Church or Kingdom but whom they believe to be of the true Protestant Religion And that they shall always allow never hinder the standing and executing of the Laws for removing of Priests or others in Orders or Monastick Vows to the Church of Rome out of any Office Place or Trust or Employment Eclesiastick Civil or Military within this Kingdom and shall invincibly preserve the Liberty and Property of the Subjects of this Kingdom as the Lord and Father of Mercy shall be merciful to them And ordains That any Regent Tutor or Governor that shall be named to and King or Queen in this Kingdom shall take the foresaid Oath at their entry to their Government which Oaths shall be written and subscribed at the times of taking thereof above-written and shall be registred and recorded in the Books of Parliament Privy-Council and Sessions And likewise his Majesty with Consent foresaid statutes and ordains That the nearest person to himself of the Royal Family shall solemnly swear that he shall never endeavour or consent to the alteration of the Protestant Religion in this Kingdom or to the abrogation of the Laws made for the same and shall never hinder the standing and executing of the Laws made for removing out of this Kingdom all Priests and others in Orders and Monastical Vows of the Church of Rome and other trafiquing Papists who shall endeavour to withdraw the Subjects of this Kingdom from the Protestant Religion or the Laws made for removing from all places of Trust in this Kingdom in Church State or Armies any person whatsoever that shall not subscribe the Confession of Faith and Oath subjoyned thereto which is hereby declared sufficient in place of any other Test for exercising and injoyning any Place or Office Civil or Military within this Kingdom And that whensoever any other who shall hereafter become nearest to the King in the Blood-Royal for the time being Major or attaining that age he shall then immediately swear and subscribe the foresaid Oath which Oath shall be recorded in the Books of Parliament Council and Session Printed at London for Andrew Forrester in Kings street Westminster 1681.