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A92497 The act of classis for purging the iudicatories and other places of publick trust.; Laws, etc. Scotland.; Scotland. Convention of Estates. 1649 (1649) Wing S1116A; ESTC R183916 7,658 9

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The ACT of CLASSIS for purging the IUDICATORIES and other places of publick Trust AT Edinburgh the twenty third day of Ianuary 1649. years The Estates of Parliament presently conveened in this second Session of the second Trienniall Parliament By vertue of an Act of the Committee or Estates who had power and authority from the last Parliament for conveening the Parliament Considering That forsameikle as the late Committee of Estates did in the indiction of the Parliament by their Act of the 27. of October last declare and warn as after follows To wit That whereas the corruption of Judicatories of this Kingdom and Officers of Estate and others persons in publick trust have been the cause and fountain from whence our former evil hath proceeded And whereas by our Solemn Acknowledgment agreed upon by Church and State We are bound to God by our Engagement to England we are bound to them and by the forecited and publict Declaration we are obliged before the World to indeavour the purgation and reformation of our Judicatories and places of publick trust And forasmuch as the foresaids Persons and all who are in publick trust are liable to the judgement and censure of Parliament for their procedure in their severall places and Offices Likeas by the Agreement at Edinburgh and Striviling all such as have been imployed in publick place and trust and have been accessory to the late unlawfull Engagement should forbear the exercise of their places in the mean time and all Questions are referred to the Determination of the Parliament And whereas by the said Treaty all these who have been accessory to the said Engagement are challengeable for their said accession at the least in so far as concerns their places and publick trust and the debarring of them from any of these Therefore the Committee of Estates doth hereby warne and cite all and every one of these who exercised any office place or publick trust or who were Members or Clerks of any publick Iudicatories of whatsoever degree quality or condition soever in Burgh or Land within this Kingdom and hath been accessory to the late Engagement or are guilty of the faults mentioned in the Printed Acts of the twenty two of September and fourth of October To compeir before the Estates of Parliament at Edinburgh the 4. day of Ianuary next to come in a peaceable way accompanied onely with their own domestick Servants to hear and see the Parliament take such course as they in their Iustice and Wisdom for the good of the Kingdom shall think fit for purging of the Judicatories and for declaring their places vacand and filling them with such as are able and qualified persons fittest for the service and may give most contentment and as have continued constant in the Covenant and Cause in the time of tryall And for debarring them who are put out from any other publick places or trust during such time and in such manner as the Estates of Parliament shall think fit With certification to every one of the persons concerned as is abovesaid and warned by this publick Proclamation which the Committee of Estates declares That they finde it a sufficient intimation in this noture case of so great and publick a back-sliding to all persons concerned therein for the effect foresaid to be esteemed by them equivalent to a personall citation or at their dwelling house upon particular summonds against every one of them to compeir before the Estates of Parliament as is before said and compeir not That then the Estates will proceed both to determine the generall question and the particular concerning their places and trust and take what farther course they shall think fitting for the good of the Kingdom And forsameikle as the Estates of Parliament being now conveened have ratified the foresaid Act in all the heads thereof and by open Proclamation intimate the fame Likeas they have made their solemn Acknowledgement of the publick sins and beraches of the Covenant and their Solemn Ingagement to all the duties contained therein namely these which do in a more speciall way relate to the dangers of these times And in relation thereto have renewed their Solemn League and Covenant before God And by their Act of the 16. of Ianuary instant have disclaimed and condemned the late unlawfull Engagement as contrary to GODS Word and a manifest breach of Covenant and Treaties as destructive to the Cause and Covenant to Religion the King and these Kingdoms And is the cause of all the oppressions and miseries that hath followed or may follow thereupon And therefore and for many other reasons Have annulled and repealed all Acts made by the late Parliament and Committee of Estates in prosecution thereof and have ratified and approven the Protestation in Parliament and opposition made thereof by this Kingdom against the Authors and Abettors thereafter and the late Treaty made at Stirling debarring all accessory to that unlawful Engagement from the exercise of their places or publick trust untill the meeting determination of this present Parliament unto whom all Civill questions are referred And likewise hath confirmed the assurance given by the Committee unto the Kingdom of England that we should not admit any of these authors or abettors of the late Engagement to any publick place or trust without the consent of that Kingdom against which their Engagement was as is more fully exprest in their Answer of the 6. of October last And whereas the Estates of Parliament are not only satisfied of the truth lawfulness and necessity of the foresaid grounds but also are convinced in their consciences from the Word of God from the large Treaty between the Kingdoms and from their Oath of Parliament from their solemn League and Covenant especially from the 2.4 and 5. Articles thereof and from sad and dear-bought experience That the Malignant dealing of some and the profane loose walking of others who have been Members of Iudicatories and imployed in places of power and publick trust hath been a chief cause of all the evils both of sin and punishment under which the Land now groans And that the Lord requires in his Word that those who judge and bear charge among his people should not only be able men but such as fear God hate covetousness and deal truly And that it is of speciall importance for the remedie of all our evils and for securing and advancing of Religion Righteousness for keeping a right understanding between the Kingdoms and for prosecuting all the ends of the solemn League Covenant and for removing the judgement of God and preventing or disappointing all the designs and opposition of enemies of all sorts and for procuting the blessing of God upon the whole Land That men not only of known ability but also of approven integrity and constant affection to the Cause and good and Christian conversation be intrusted in all Iudicatories and places of power and trust according to the seventh desire of the Commissioners of the
Church given in to the last Parliament as so absolutely necessary for the securing of Religion which by the Ingagers themselves in the Treaty at Stirling is submitted to the Church their determination Which determination anent the qualifications aforesaids is clearly set down in the 5.6.7.10 and 12. pages of the Acknowledgement and their Declaration emitted to the world Therefore the Estates of Parliament remembering well the Laudable precedents of the Parliaments 1641 and 1646 and severall others for purgation of the Judecatories and places of trust And considering that all persons both by the common Law by many Acts of Parliament and the nature of their place and trust are comptable for their proceedings in their severall places and trust which they have ad vitam aut culpam And pondering how great a fault it is to have had any hand or accession in the Inacting or inforcing or prosecuting so unlawfull an Engagement thereby drawing on the Land so far as they could the wrath of God and all the miseries of a War with our Brethren of England against Covenant Treaties and many warnings from the Kirk and contrary to the Petitions from many Synods Presbyteries and Shires and the solemn Protestations of so great a number of each Estate in Parliament They do in persuance of their solemn Acknowledgement performance of their vows to God Declaration emitted to the World and assurance given to the Kingdom of England both in the large Treaty 1641. and late Answer 6. of October last and for satisfying of the Kirks just desires for Purgation and Reformation of our Judicatories and for determination of this question anent places of trust referred by the Treaty at Sterling to their determination and for deterring all others in this or subsequent generation who shall be intrusted with publick power or place from drawing on this nation the guiltlesse and misery of inoffensive unnecessary unlawful war and against Covenant and Treaties and publick warnings from Church Judicatories and Shires and for incouraging all who shal be in publick place or trust in times of new straits and trialls To abide constantly by the Cause and Covenant and to give evident testimonies thereunto against all defection and apostacie The Estates of Parliament upon this and many other great and weighty considerations moving and pressing them to this necessary dutie Do therefore Declare Inact and Ordain that all these Officers of Estate Members or Clerks of the Parliament Committees thereof secret Counsell Session Exchequer Justice Courts Commission for plantation of Kirks or conservation of the Peace Sherif Courts Stewart Courts Baillie Courts Commissar Courts Bailies of Regalitie Courts Warden Courts of his Majesties Mint-house Admirall Court Gild Court Town Counsell or any other publick Judicatorie or Deacons of Crafts and all who had any office place or publick trust and all having deputation from or dependance upon any of these aforesaid who were guilty of any of the faults contained in the four severall Classes after-mentioned shall be removed and secluded from publick trust according to the severall rules respective after following The first Classe The Estates declare all these to be comprehended in the first Classe who were generall Officers which led and accompanied the Army into England And all those Officers that continued in the Engagement who commanded the Forces at Mauchlin moore or at Striviling and all those who were principally active in perswading or bringing over of the Forces from Ireland and all these persons who were plotters chief actors and prime promoters of the late unlawfull Engagement from the beginning to the end thereof in Parliament Committees or otherwayes And siclike all these who were chief actors and prime promoters of the horrid Rebellion of James Grahame and who since have either accepted of charge or joyned as volunteers in the said unlawfull Engagement or taken the Oath in Committees or Subscribed the bond for themselves or others for the Engagement or sate in the Committees or other meetings and gave order for prosecuting the said Engagement or who otherwayes gave or received and execute orders against others for prosecuting the Engagement As also such Clerks of Parliament Committees thereof secret Councell or Session who were guiltie of any of the Faults contained in any of the Classe at St. Andrews and retaining their former Principles of Malignancie and have been Active in their places or imployments for promoving the late unlawfull Engagement The second Classe The Estates also Declare all these to be comprehended in the second Classe who not being included in the first Classe have been formerly Classed or Censured for Malignancie or guilty of the crimes contained in the first and second Classe at St. Andrews of the date at St. Andrews the _____ day of _____ one thousand six hundred and _____ years And since have either accepted of charge or joyned as voluntiers in the said unlawfull Engagement or taken the Oath in Committees or subscribed the bond for themselves or others for the Engagement or sat in Committees or other meetings and gave order for prosecuting the said Engagement or who otherwayes gave or received and execute Orders against others for prosecuting the Engagement And siclike all those persons although not formerly Classed and not being included in the first Classe who were Officers which were upon any of the expeditions into England or Scotland for the said Engagement And siclike all these who concurred in Petitions Protestations Remonstrances or letters for moving of the Parliament or Committees to carrie on the Engagement And siclike all these who protest against the cause of the Fast or the Kirks Declarations or Petitions of the Presbyteries or Kirk sessions against the Engagement or read or caused read at Kirk doors the Committees Observations against the Assemblies Declaration or interrupted Divine Service or Magistrates and persons of qualitie or who removed at the reading of the Assemblies Declaration Siclike all these who not onely took the Oath injoyned by the last Parliament for the Engagement in Committees or subscribed the band or Declared themselves ready to do the same but also secluded others or protest against others for their not taking of the Oath or not subscribing of the Band Siclike all these who injoyned and pressed others to subscribe the Band or take the Oath for carring on the Engagement And siclike all these who concurred as Members or Clerks in Acts of Parliament and Committee of Estates for prosecuting the said Engagement or for pressing others thereunto and such who consulted and gave advice for penning or prosecuting of the process against the honest Ministers who were at Mauchlin moore or any others for their opposing or not joyning in the Engagement The third Classe The Estates likewise Declares all these to be comprehended in the the third Classe who not being included in the first or second Class sat in Parliament and Committee of Estates and took the Oaths foresaid for the Engagement or sat as Clerks in any of these or