compeired personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Douglas of Cavers Knight Sir Henry Wood of Bonytoun Knight John Smyth Burgesse of Edinburgh Mr. Robert Barclay Provest of Irwing Mr. Alexander Henderson Minister at Edinburgh and Master Archbald Johnstoun Clerk to the Generall Assembly and in the name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privie Councell the petition above written which being read heard and considered by the saids Lords they have ordained and ordain the same to be insert and registrate in the bookes of Privie Councell and according to the desire thereof ordaines the said Confession and Covenant to be subscribed in time comming by all his Majesties Subjects of this Kingdome of what rank and quality soever THE ACT OF THE GENERALL ASSEMBLY Ordaining by Ecclesiasticall authoritie the subscription of the Confession of Faith and Covenant THe Generall Assembly considering the great happinesse which may flow from a full and perfect Union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majestie and amongst our selves having by our great Oath declared the uprightnes and loyalty of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell to injoyne by Act of Councell all the Lieges in time comming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyalty to our King wee have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell have granted the desire of our Supplication ordaining by civill authority all his Majesties Lieges in time comming to subscribe the foresaid Covenant that our union may be the more full and perfect We by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the Heads and Clauses thereof and ordaines of new under all Ecclesiasticall censure that all the Masters of Universities Colledges and Schooles all Schollers at the passing of their degrees all persons suspect of Papistry or any other errour and finally all the members of this Kirk and Kingdome subscribe the same with these words prefixed to their subscription The Article of this Covenant which was at the first subscription referred to the determination of the generall Assembly being determined And thereby the Five Articles of Perth the governement of the Kirk by Bishops the civill places and power of Kirke-men upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk wee subscribe according to the determination foresaid And ordaines the Covenant with this declaration to be insert in the Registers of the Assemblies of this Kirk Generall Provinciall and Presbyteriall ad perpetuam reimemoriam and in all humility supplicates his Majesties high commissioner and the honourable Estates of Parliament by their authority to ratifie and injoyne the same under all civill paines which will tend to the glory of God preservation of Religion the Kings Majesties honour and perfect peace of this Kirk and Kingdome The Confession of Faith subscribed at first by the Kings Majestie and his Houshold in the yeare of God 1580. Thereafter by Persons of all rankes in the yeare 1581. By ordinance of the Lords of the secret Councell and acts of the Generall Assembly Subscribed again by all sorts of Persons in the yeare 1590. By a new ordinance of Councell at the desire of the Generall Assembly with a generall Band for maintenance of the true Religion and the Kings Person And subscribed in the yeare 1638. By Us Noblemen Barons Gentlemen Burgesses Ministers and Commons then under subscribing Together with our resolution and promises for the causes after specified to mainetaine the said true Religion and the Kings Majestie according to the Confession foresaid and acts of Parliament And now upon the Supplication of the Generall Assembly to his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell subscribed again in the yeare 1639. by ordinance of Councell and Act of the Generall Assembly WEe all and every one of us under-written protest that after long and due Examination of our owne consciences in matters of true and false Religion Wee are now throughly resolved of the Trueth by the word and Spirit of God And therefore wee believe with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this onely is the true Christian Faith and Religion pleasing God and bringing Salvation to man which now is by the mercie of God revealed to the world by the preaching of the blessed Evangel and received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirke of Scotland the Kings Majestie and the three Estates of this Realme as Gods Eternall Trueth and onely ground of our Salvation as more particularly is expressed in the Confession of our Faith stablished and publickly confirmed by sundry Acts of Parliaments and now of a long time hath beene openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Trueth and Veritie grounded onely upon his written Word And therefore wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kind of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirk of Scotland But in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and consciences of men all his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written Word the perfection of the law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our Justification by faith only our imperfect Sanctification and obedience to the Law the nature number and use of the Holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the word of God His cruell judgement against Infants departing without the Sacrament His absolute necessitie of Baptisme His blasphemous opinion of Transubstantiation or reall presence of Christs Body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemne Oaths Perjuries and degrees of Marriage forbidden in the Word His crueltie against the innocent divorced His divellish Masse His blasphemous Priesthood His profane Sacrifice for the sins of the dead and the quicke His Canonization of men calling upon Angels or Saints departed
of King Charles So that the 6. Act Parl. 1. and 68. Act Parl. 6. of King James 6. in the yeare of God 1579. declare the Ministers of the blessed Evangel whom GOD of his mercie had raised up or hereafter should raise agreeing with them that then lived in Doctrine and Administration of the Sacraments and the people that professed Christ as hee was then offered in the Evangel and doth communicate with the holy Sacraments as in the reformed Kirks of this Realme they were publikely administrate according to the Confession of Faith to bee the true and holy Kirk of Christ Jesus within this Realme and discerne and declare all and sundry who either gain-say the Word of the Evangel received and approved as the heads of the confession of faith professed in Parliament in the yeare of God 1560 specified also in the first Parliament of King Iames 6. and ratified in this present Parliament more particularly doe specifie or that refuses the administration of the holy Sacraments as they were then ministrated to be no members of the said Kirk within this Realme and true Religion presently professed so long as they keep themselves so divided from the societie of CHRISTS Body And the subsequent Act 69. Parl. 6. of King Iames 6. declares that there is none other Face of Kirk nor other Face of Religion then was presently at that time by the favour of GOD established within this Realme which therefore is ever stiled Gods true Religion Christs true religion the true and Christian Religion and a perfect Religion Which by manifold Acts of Parliament all within this Realme are bound to professe to subscribe the articles thereof the Confession of Faith to recant all doctrine and errours repugnant to any of the said Articles Act 4. and 9. Parl. 1. Act 45.46.47 Parl. 3. Act 71. Parl. 6. Act 106. Parl. 7. Act 24. Parl. 11. Act 123. Parl. 12. Act 194. and 197 Parl. 14. of King Lames 6. And all Magistrates Sheriffs c. on the one part are ordained to search apprehend and punish all contraveeners For instance Act 5. Parl. 1. Act. 104. Parl. 7. Act 25. Parl. 11. K. James 6. and that notwithstanding of the Kings Majesties licences on the contrary which are discharged and declared to be of no force in so far as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parliament against Papists and adversaries of true Religion Act 106. Parl. 7. K. Iames 6. On the other part in the 47. Act Parl. 3. K. Iames 6. it is declared and ordained seeing the cause of Gods true Religion and his highnes Authority are so joyned as the hurt of the one is common to both and that none shall be reputed as loyall and faithfull subjects to our Soveraign Lord or his authority but be punishable as rebellers and gain-standers of the same who shall not give their Confession and make their profession of the said true Religion and that they who after defection shall give the Confession of their Faith of new they shall promise to continue therein in time comming to maintaine our Soveraigne Lords Authority and at the uttermost of their power to fortifie assist and maintain the true Preachers and Professours of Christs Evangel against whatsoever enemies and gain-standers of the same and namely against all such of whatsoever nation estate or degree they be of that have joyned and bound themselves or have assisted or assist to set forward and execute the cruell decrees of the Councel of Trent contrary to the true Preachers and Professours of the Word of God which is repeated word by word in the Articles of Pacification at Perth the 23 of February 1572. approved by Parliament the last of April 1573. ratified in Parliament 1587. and related Act 123. Parl. 12. of K. Iames 6. with this addition that they are bound to resist all treasonable uproares and hostilities raised against the true Religion the Kings Majestie and the true Professors LIKE AS all Liedges are bound to maintain the K. Majesties Royall Person and Authority the Authority of Parliaments without the which neither any lawes or lawfull Judicatories can be established Act 130. and 131 Parl. 8. K. Iames 6. and the subjects liberties who ought only to live and be governed by the Kings lawes the common lawes of this Realm allanerly Act 48. Parl. 3. K. James the first Act 79. Parl. 6. K. James 4. repeated in the Act 131. Parl. 8. K. James 6. Which if they be innovated or prejudged the Commission anent the Union of the two Kingdomes of Scotland and England which is the sole Act of the 17. Parl. of K. James 6. declares such confusion would ensue as this Realm could be no more a free Monarchie because by the fundamentall lawes ancient priviledges offices and liberties of this Kingdom not onely the Princely Authority of his Majesties Royall descent hath beene these many ages maintained but also the peoples security of their Lands livings rights offices liberties and dignities preserved And therefore for the preservation of the said true Religion Lawes and Liberties of this Kingdom it is statute by the 8. Act Parl. 1. repeated in the 99. Act Parl. 7. Ratified in the 23. Act Parl. 11. and 114. Act Parl. 12. of K. James 6. and 4. Act of K. Charles that all Kings and Princes at their Coronation and reception of their Princely authority shall make their faithfull promise by their solemne Oath in the presence of the Eternall GOD that enduring the whole time of their lives they shall serve the same eternall GOD to the uttermost of their power according as he hath required in his most holy Word contained in the Old and New Testament And according to the same Word shall maintain the true Religion of Christ Jesus the preaching of his holy Word the due and right ministration of the Sacraments now received and preached within this Realme according to the Confession of Faith immediatly preceding and shall abolish and gain-stand all false Religion contrary to the sme and shall rule the people committed to their charge according to the will and command of GOD revealed in his foresaid word and according to the laudable Lawes and Constitutions received in this Realme no wayes repugnant to the said will of the eternall GOD and shall procure to the uttermost of their power to the Kirk of GOD and whole Christian people true and perfect peace in all time comming and that they shall be carefull to root out of their Empire all Hereticks and enemies to the true worship of GOD who shall be convicted by the true Kirk of GOD of the foresaid crimes which was also observed by his Majestie at his Coronation at Edinburgh 1633. as may be seen in the Order of the Coronation IN OBEDIENCE to the commandement of God conform to the practise of the godly in former times and according to the laudable example of our Worthy and Religious Progenitors and of many yet
Parliament against such as unlawfully convocates the Kings Lieges And that also by sundry other preceding Statutes and Acts of Parliament made by his Majesties most noble Progenitors the foresaid Leagues Bands Counsels Conventions and Meetings are likewise discharged And herewith also the said Estates taking to their consideration what was the true end and meaning for making of the foresaid Acts how farre the same in equitie and reason can be extended findes and declares that the foresaid Acts and Laws particularly and generally before exprest is not nor cannot bee extended against any Bands Leagues Counsels Conventions Assemblies Committees or Meetings made holden and kept by the Subjects for maintenance and preservation of the Kings Majestie the Religion Lawes and Liberties of the Kingdome or for the publick good eyther of Kirk or State But the said Estates findes and declares that all these Bands Conventions Committees and other meetings made and keeped by the Estates and Subjects of this Kingdome for the publike good of King Kirke and State and intended for the defence and preservation thereof since the beginning of these present troubles are not prohibited nor discharged by the foresaids Lawes and Acts of Parliament particularly and generally before rehearsed nor none of them And can no wayes be understood nor interpret to fall within the compasse of the discharge and prohibition of the foresaids Acts and doth no wayes contraveene the same nor none of them And therefore the saids Estates ratifies approves and allowes all the saids Bands Conventions Committees and other Meetings which are and have beene made and keeped within this Kingdome for the defence and preservation of the Kings Majestie the Religion Lawes and Liberties of this Kirke and Kingdome since the beginning of the present troubles thereof And declares the same to bee lawfull and legall deeds and that they doe no wayes contraveene the foresaids Acts of Parliament respective above mentioned nor none of them nor no other Law nor constitution of this Kingdome ACT XXX ANENT THE WARD AND MARRIAGE OF These who shall happen to be killed in the defence of the Religion and Liberties of Kirke and Kingdome THe Estates of Parliament presently conveened by his Majesties speciall Authority Taking to their consideration the prejudice that may come to these Subjects who holds their lands ward of the Kings Majesty or of any other Superiour whatsoever and shall happen to be killed in the defence and maintenance of the Religion and of the Laws and Liberties of this Kingdome during the time of the present troubles thereof hath statute and ordained and hereby statutes ordaines and declares that the profit and benefit of the ward marriage none entresse and reliefe falling by the decease of any of these who shall happen to be killed in manner and for the cause foresaid with the whole commoditie that can follow upon the same shall onely pertaine and freely be given and disponed to the heires Relick and Bairnes of these who shall happen so to be killed as followes viz. Where the Relicke and remanent Bairnes by the heire shall be found provided by the Defunct Then in that case the whole benefite of the ward marriage none entresse and reliefe shall solely belong to the heire But where the Relicke and remanent Bairnes by the heire be 's not found provided in that case the benefite of the marriage shall onely pertaine to the heire and the profite commoditie and benefite of the ward none entresse and reliefe shall be imployed and used for the entertainment and maintenance of the Relicke and Bairnes unprovided And also for the entertainment of the heire if he have no other meanes for maintenance And what is overplus by the Relicke and Bairnes their entertainment foresaid ordaines the same superplus to be imployed for the provision of the said remanent Bairnes by the heire unprovided as said is Providing alwayes that the saids heires and other persons foresaids to whom the benefite of the saids ward marriage none entresse and reliefe is appointed to pertaine in manner respective before rehearsed Be 's found not to have studden against the maintenance of Religion lawes and liberties of Kirke and Kingdome contrair to the late Covenant ratified in this present Parliament And also the saids Estates findes and declares that the Kings Majestie and all other Superiours whatsoever of the saids ward holdings shall be altogether secluded from the benefite of the foresaid ward marriage none entresse and reliefe falling by decease of their Vassals in manner and for the cause before rehearsed ACT XXXI RATIFYING THE ACT OF THE LORDS Of Session made for supplying of the absence of the Signet and discharging the transporting thereof or any other Seale in time comming THE Estates of Parliament presently conveened by his Majesties speciall Authority Ratifies and approves the Act of the Lords of Councell and Session made at Edinburgh the penult day of March 1639. yeares whereof the tenour followes The which day the Lords of Councell and Session being petitioned by some of his Majesties Lieges to provide remeed against the prejudice sustained by them through the exportation of the Signet out of this Kingdome And thereupon taking unto their consideration the many great inconveniences redounding to this Realme and whole Lieges thereof And manifestly ensuing by the transporting of the Signet not onely from the place of residence of the saids Lords but out with the bounds of this Kingdome into England without any reason or example Therefore after mature deliberation they have statute and ordained and for remeed of the said heavie prejudice statutes and ordaines that all Summonds Letters Charges Suspensions Signators or other Writs whatsoever which by the law and custome of this Realme useth to passe the said Signet shall bee presented to George Hadden writer to the Signet and the ordinarie price due for the Signet consigned in his hands to bee made forth comming to the Lord Secretarie and his keepers of the Signet in his name Whereupon the said George Hadden shall marke the date of the said offer beside the waxe at the place customably bearing the date of the Signet and write thereupon these words marked by me according to Act and Warrant of the Lords of Session and ordained to be a Warrant for execution hereof or passing through the Seals albeit it bee not signetted which words hee shall subscribe with his Signe and Subscription manuall Which Summonds Charges Letters Suspensions Signators or Writs whatsoever so dated and subscribed by the said George Hadden shall have the same effect in all respects as if the Signet were affixed thereto And the saids Lords declares that the same shall be a sufficient warrant to all keepers of Seals and Registers Messengers of Armes Pursevants Heraulds or others persons whatsoever for passing of the saids writs through the Seals execution of the saids Summonds Letters Charges and Suspensions and doing all deeds incumbent to their office such like and as amplie and warrantablie in all respects as
and Page the same is to be found 1ACT anent the choosing of Robert Lord Burghly to be President in this Court and Session of Parliament in respect of the absence of the Kings Commissioner pag. 3. 2 Act anent the constitution of the Parliament and all subsequent Parliaments pag. 4. 3 Act anent the choosing of Committees out of each Estate pag. 5. 4 Act anent the ratification of the acts of the assembly pag. 6. 5 Act anent the ratification of the Covenant and of the Assemblies Supplication act of Councell and act of Assembly concerning the Covenant pag. 9. 6 Act Recissorie pag. 20. 7 Act for planting of Kirks unprovided with Ministers through the Patrons default pag. 22. 8 Act anent admission of Ministers to Kirks which belonged to Bishopricks pag. ib. 9 Act discharging the going of Salt-pans and Mils on the Sunday pag. 24. 10 Act discharging Salmond fishing on the Sunday pag. ibid. 11 Act against Papists pag. 25. 12 Act discharging Zule vacance and appointing the Session to sit down the first day of November and rise the last of February and thercafter to sit down the first of June and rise the last of July yearely pag. 26. 13 Act discharging the Munday Market in Edinburgh Jedburgh Drumfreis Brechin and Glasgow pag. 27. 14 Act for taking order with the abuses committed on the Sunday by the confluence of people for hiring of Shearers pag. 28. 15 Act for directing Letters of Horning and Caption by the Lords of Session against excommunicate Prelates and all other excommunicate persons pag. 29. 16 Act anent the large Declaration or Manifesto pag. ibid. 17 Act statutarie appointing Parliaments to be holden once every three yeare pag. 30. 18 Act anent the keepers of the Castles of Edinburgh Striviling and Dumbartane pag. ibid. 19 Act anent the Production of the Registers and Records of Parliament to the first Session of each Parliament pag. 31. 20. Act discharging all Proxies to be admitted in Parliament and that no forraine Noblemen shall have place and voice in Parliament unlesse they have ten thousand marks of land-rent within this Kingdome pag. 32. 21. Act discharging the granting of Protections by the Lords of Councell and Exchequer pag. 33. 22. Act anent the Exchequer declaring the same to be onely Judges to matters concerning the managing of the Kings rents and casualities pag. 34. 23 Act in favours of those who held their lands of Archbishops Bishops or of their chapters pag. 35. 24. Act anent Vassals of erections that they be not subject in double payment nor the Superiours defrauded of their few duties pag. 36. 25. Act appointing all grievances to be given in plaine Parliament pag. 37. 26. Act for suppressing the distinction of spirituall and temporall Lords of Session pag. ibid. 27. Act against liesing-makers of whatsoever qualitie office place or dignity pag. 38. 28. Act anulling all unlawfull and unjust Proclamations made under the pain of treason against the disobeyers pag. 39. 29 Act explaining the preceding Acts of Parliament made against Bands and Conventions amongst the Subjects as also declaring the Bands and Conventions made and keeped since the beginning of the present troubles to be legall and lawfull pag. ibid. 30. Act anent the ward and marriage of these who shall happen to be killed in the defence of the Religion and liberties of Kirk and Kingdome pag. 40. 31 Act ratifying the act of the Lords of Session made for supplying of the absence of the Signet and discharging the transporting thereof or any other Seale in time comming pag. 41. 32. Act discharging all custome of Ammunition brought home to the Lieges to their owne use for defence of Religion and liberties of Kirk and Kingdome pag. 43. 33. Act for the Committees of Estates pag. ibid. 34. Act anent the common reliefe pag. 48. 35. Act ordaining Summonds to be direct and execute against the persons who are culpable of the crimes and faults contained in the Act to compeare before the next Session of Parliament pag. 52. 36. Act in favours of the Kings Vassals of ward-lands recommending their prejudice by the Act anno 1633. to the consideration of the next Parliament and in the meane time while then suspending the force and execution of that Act. pag. 53. 37. Act appointing the fees for the Procuratour the Clerk and Agent for the Kirk pag. 54. 38 Act ordaining the whole Subjects and Lieges of this Kingdome to obey maintain and defend the Conclusions Acts and constitutions of this present Session of Parliament and to subscribe the band appointed for that effect pag. 55. 39. Act declaring the Parliament current and continuing the same while the nineteenth day of November next pag. 59. A TABLE OF THE PRINTED ACTS WHICH WERE DONE IN THIS Session of the Parliament which began the 15. of July 1641. and concluded the 17. of November 1641. With the Acts of continuation of the said Parliament interveening betwixt the last Session thereof holden in June 1640. and the said 15. day of July 1641. 19. November 1640. 1ACT of continuation of the Parliament from the 19. of November 1640. to the 14. of January 1641. 61 14. Januarie 1641. 2 Act of continuation of the Parliament to the 13. of April 1641. 62 13. April 1641. 3 Act continuing the Parliament to the 25. of May 1641. 64 25. May 1641. 4 Act continuing the Parliament to the 15. of Iuly 1641. 65 18. August 1641. 5 Act containing the Oath ordained to be taken by every Member of Parliament before they proceed to any act or determination 67 26. August 1641. 6 Act ratifying the Articles of the Treatie 68 Ultimo Augusti 1641. 7 Act discharging James Bannatines Patent of pearling and wearing thereof 87 1. September 1641. 8 Act discharging unlawfull marriages 88 2 September 1641. 9 Act anent non-covenanting Patrones appointing the right of presentation to their Kirks to pertain to the Presbyterie ibid. 10 Act for freeing of Viccarages provided to Ministers for their stipends of all payment of taxations 89 9 September 1641. 11 Act against suspensions for Ministers stipends duties of Colledges Hospitals and Schooles ibid. 10. September 1641. 12 Act for abolishing the monuments of idolatry 91 13 Act anent non-communicants and excommunicate persons 92 14 Act anent the Bullion 93 16. September 1641. 15 Act anent the election of the Officers of Estate Counsellours and Sessioners 94 Ultimo Septembris 1641. 16 Act anent the nomination and election of the Lord Lowdoun to be Chancellour 95 29 October 1641. 17 Act anent the change of the termes from Whitsunday and Martinmas to Candlemas and Lammas ibid. 11 November 1641. 18 Act anent the charges of the Commissioners for the Barons 96 19 Act anent the charges of the Commissioners for the Sherifdome of Sutherland 98 13. November 1641. 20 Act anent the nomination and election of these Officers of Estate retained in their places 99 21 Act anent the nomination and election of Sir Alexander Gibson younger of Durie to be Clerk Register
worshipping of Imagerie Relicts and Crosses dedicating of Kirks Altars Dayes Vowes to creatures His Purgatorie Prayers for the dead praying or speaking in a strange language with his Processions blasphemous Letanie and multitude of Advocates or Mediators His manifold Orders Auricular Confession His desperate and uncertain Repentance His generall and doubtsome Faith His satisfactions of men for their sinnes His Justification by works opus operatum works of Supererogation Merits Pardons Peregrinations and Stations His holy-water baptizing of Bells conjuring of Spirits crossing saning anointing conjuring hallowing of GODS good creatures with the superstitious opinion joyned therewith His wordly Monarchie and wicked Hierarchie His three solemne vowes with all his shavelings of sundry sorts His erroneous and bloudie decrees made at Trent with all the subscribers and approvers of that cruell and bloudie Band conjured against the Kirk of GOD And finally we detest all his vain Allegories Rites Signes and Traditions brought in the Kirk without or against the Word of GOD and Doctrine of this true reformed Kirk To the which wee joyne ourselves willingly in Doctrine Faith Religion Discipline and use of the holy Sacraments as lively members of the same in Christ our Head Promising and swearing by the Great Name of the Lord our GOD that wee shall continue in the Obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of Body and Soule in the day of GODS fearefull Judgement And seeing that many are stirred up by Sathan and that Roman Antichrist to promise sweare subscribe and for a time use the holy Sacraments in the Kirk deceitfully against their own consciences minding thereby first under the externall cloak of Religion to corrupt and subvert secretly GODS true Religion within the Kirk and afterward when time may serve to become open enemies and persecutors of the same under vain hope of the Popes dispensation devised against the Word of GOD to his greater confusion and their double condemnation in the day of the LORD JESUS Wee therefore willing to take away all suspicion of hypocrisie and of such double dealing with GOD and his Kirk Protest and call The Searcher of all hearts for witnesse that our mindes and hearts doe fully agree with this our Confession Promise Oath and Subscription so that Wee are not moved for any worldly respect but are perswaded only in our consciences through the knowledge and love of GODS true Religion printed in our hearts by the holy Spirit as wee shall answere to him in the day when the secrets of all hearts shall be disclosed And because wee perceive that the quietnes and stabilitie of our Religion and Kirk doth depend upon the safetie and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of his Kirk and ministration of Justice amongst us we protest and promise with our hearts under the same Oath Hand-writ and paines that wee shall defend his Person and Authoritie with our goods bodies and lives in the defence of Christ his Evangel Liberties of our Countrey ministration of Justice and punishment of Iniquitie against all enemies within this Realme or without as wee desire our GOD to bee a strong and mercifull defender to us in the day of our death and comming of our Lord JESUS CHRIST To whom with the Father and the holy Spirit be all Honour and Glory eternally LIKE AS many Acts of Parliament not only in generall do abrogat annull and rescind all Laws Statutes Acts Constitutions Canons civill or municipall with all other Ordinances and practique penalties whatsoever made in prejudice of the true Religion and Professours thereof Or of the true Kirk discipline jurisdiction and freedome therof Or in favours of idolatrie and superstition Or of the Papisticall Kirk As Act 3. Act 31. Parl. 1. Act 23. Parl. 11. Act 114. Parl. 12. of K. James the sixt That Papistrie and Superstition may be utterly suppressed according to the intention of the Acts of Parliament repeated in the 5. Act Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to bee punished by manifolde Civill and Ecclesiasticall paines as adversaries to Gods true Religion preached and by Law established within this Realme Act 24. Parl. 11. K. James 6. as common enemies to all Christian Government Act 18. Parl. 16. K. James 6. as rebellers and gain-standers of our Soveraigne Lords authority Act 47. Parl. 3. K. James 6. and as Idolaters Act 104. Parl. 7. K. James 6. But also in particular by and attour the Confession of faith do abolish and condemne the Popes Authority and Jurisdiction out of this Land and ordain the maintainers thereof to be punished Act 2. Parl. 1. Act 51. Parl. 3. Act 106. Parl. 7. Act 114. Parl. 12. K. James 6. do condemn the Popes erroneous doctrine or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached and by Law established in this Realme And ordaine the spreaders and makers of Books or Libels or Letters or writs of that nature to be punished Act 46. Parl. 3. Act 106. Parl. 7. Act 24. Parl. 11. K. James 6. do condemn all Baptism conform to the Popes Kirk and the Idolatry of the Masse and ordain all sayers wilfull hearers and concealers of the Masse the maintainers and re-setters of the Priests Jesuits traffiquing Papists to bee punished without any exception or restriction Act 5. Parl. 1. Act 120 Parl. 12. Act 164. Parl. 13. Act 193. Parl. 14. Act 1. Parl. 19. Act 5. Parl. 20. K. James 6. do condemne all erroneous bookes and writs containing erroneous doctrine against the Religion presently professed or containing superstitious Rites and Ceremonies Papisticall whereby the people are greatly abused and ordain the home-bringers of them to be punished Act 25. Parl. 11. K. James 6. do condemn the monuments and dregs of by-gone Idolatry as going to the Crosses observing the Festivall dayes of Saints and such other superstitious and Papisticall Rites to the dishonour of GOD contempt of true Religion and fostering of great errour among the people and ordain the users of them to be punished for the second fault as Idolaters Act 104. Parl. 7. K. James 6. LIKE AS many Acts of Parliament are conceived for maintenance of Gods true and Christian Religion and the purity thereof in Doctrine and Sacraments of the true Church of GOD the liberty and freedome thereof in her Nationall and Synodall Assemblies Presbyteries Sessions Policie Discipline and Jurisdiction thereof as that purity of Religion and liberty of the Church was used professed exercised preached and confessed according to the Reformation of Religion in this Realme As for instance the 99 Act Parl. 7. Act 23. Parl. 11. Act 114. P. 12. Act. 160. Parl. 13. of K. James 6. ratified by 4. Act
living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties Subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above-written and a former large Confession established by sundry acts of lawfull General Assemblies and of Parliament unto which it hath relation set down in publick Catechismes and which had beene for many yeares with a blessing from Heaven preached and professed in this Kirk and kingdom as GODS undoubted Truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true worship of GOD and the Kings authority being so straitly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouths that the present and succeeding generations in this Land are bound to keep the foresaid Nationall Oath and Subscription inviolable Wee Noblemen Barons Gentlemen Burgesses Ministers and Commons under-scribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publick peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before GOD his Angels and the world solemnly declare that with our whole hearts wee agree and resolve all the dayes of our life constantly to adhere unto to defend the foresaid true religion and forbearing the practise of all novations already introduced in the matters of the worship of GOD or approbation of the corruptions of the publick government of the Kirk or civill places and power of Kirkmen till they be tryed and allowed in free assemblies and in Parliaments to labour by all meanes lawfull to recover the purity and liberty of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainely perceive and undoubtedly beleeve that the innovations and evills contained in our Supplications Complaints and Protestations have no warrant of the word of GOD are contrary to the articles of the foresaid Confessions to the intention and meaning of the blessed reformers of Religion in this Land to the above-written acts of Parliament and doe sensibly tend to the re-establishing of the Popish religion and tyranny and to the subversion and ruine of the true reformed religion and of our liberties lawes and estates Wee also declare that the foresaid confessions are to be interpreted and ought to be understood of the foresaid novations and evills no lesse than if every one of them had been expressed in the foresaid confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistry abjured therein And therefore from the knowledge and consciences of our duty to GOD to our King and Countrey without any worldly respect or inducement so farre as humane infirmity will suffer wishing a further measure of the grace of GOD for this effect Wee promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and obedience of the foresaid Religion That wee shall defend the same and resist all these contrary errours and corruptions according to our vocation and to the uttermost of that power that GOD hath put in our hands all the dayes of our life And in like manner with the same heart wee declare before GOD and Men that wee have no intention nor desire to attempt any thing that may turn to the dishonour of GOD or to the diminution of the Kings greatnesse and authority But on the contrary wee promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraigne the Kings Majestie his Person and Authority in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance every one of us of another in the same cause of maintaining the true Religion and his Majesties authority with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to every one of us in particular And that wee shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrary shall by all lawfull meanes labour to further and promove the same And if any such dangerous and divisive motion be made to us by word or writ wee and every one of us shall either suppresse it or if need bee shall incontinent make the same known that it may be timously obviated Neither doe wee fear the foul aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what wee doe is so well warranted and ariseth from an unfained desire to maintain the true worship of God the Majesty of our King and peace of the Kingdome for the common happinesse of our selves and the posterity And because wee cannot look for a blessing from God upon our proceedings except with our profession and subscription wee joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God Wee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endeavour to keepe our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of every duty wee owe to God and Man And that this our Union and Conjunction may bee observed without violation Wee call the living GOD the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as wee shall answer to JESUS CHRIST in the great Day and under the pain of GODS everlasting wrath and of infamie and losse of all honour and respect in this World Most humbly beseeching the Lord to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happy successe that Religion and Righteousnesse may flourish in the Land to the glory of GOD the honour of our King and peace and comfort of us all In witnesse whereof wee have subscribed with our hands all the premisses The article of this Covenant which was at the first subscription referred to the determination of the Generall Assembly being determined And thereby the Five articles of Perth
endured patiently and thereby given an evident demonstration to the world of the loyalty of their affections to their Soveraigne which no extremitie shall ever make them to forget And now being prest by the present exigence of the Estate of this Kingdome and bound by the necessity of that naturall duety they owe to themselves and their posterity to provide for the safety of the Common-wealth and their owne and timously to prevent the utter ruine of this Nation which can no longer subsist under so great a burden That time appointed being come to the which the Parliament was prorogate and no advertisement come from his Majestie to them anent any course to bee taken for remeeding of the great disorders they being the great Councell of the Kingdome could not bee altogether so forgetfull of themselves and deficient to their Countrey as to suffer this Parliament which they had so often petitioned from his Majestie which was conditioned and accorded by the saids Articles of Pacification and indicted by his Majesties Authority to bee deserted and expired without any conclusion to the good of the Common-wealth in so great extremity But rather thought themselves bound in conscience and duety to proceed to the determination of such matters as are necessary for the establishing of the peace of this Kirk and Kingdome as being the expresse and speciall ends of all their Supplications and agreeable to the saids Articles of Pacification without trenching any wayes on Soveraignitie or derogating in any sort from his Majesties Royall Authority but on the contrary only looking first upon the constitutions of the generall Assembly past in presence of his Majesties Commissioner and the necessary consequences thereof and then providing remedies for the present evils of the Kingdome by removing the cause and establishing necessary conclusions for preventing the like hereafter In doing whereof as they have proceeded uprightly in the way of Justice and with all due reverence and regard to his Majesties Authority and thereby have stopped the calumnious mouthes of their adversaries so they rest assured that his Majesty after due examination of their proceedings finding the same agreeable to the fundamentall lawes and customes of this his ancient and native Kingdome and no wayes repugnant to Monarchicall government will out of his Royall Justice and goodnesse give his full consent thereunto And thereby totally remove and extinguish all ground and occasion of controversie against his faithfull and loyall Subjects restore this Kingdome to a perfect and sollid peace which they pray the LORD to put in his Majesties Royall Heart that he may long and prosperously reigne over them And on the other part considering from by-gone experience how malicious and diligent their adversaries will be to calumniate these their proceedings and by their suggestions to the Kings Majestie and to the Lieges to kindle and entertaine factions and divisions thereanent and how necessary it is for the safety and peace of this Kirk and Kingdome that the members of both doe unanimously with heart and hand testifie by their subscription their resolution and obligation to acknowledge this Parliament so often desired by their petitions and supplications and conveened by his Majesties solemne indiction according to the Articles of Pacification to be a free lawfull and necessarie Parliament and to obey observe and maintaine the same for themselves constantly and faithfully and to the uttermost of their power to joyne and concurre in their severall stations and callings with others to advance further and assist the execution obedience and observing of the Acts and Constitutions of this present Parliament as the most sit and necessarie remedies of the by-gone and present evils and distractions of this Kirk and Kingdome and for preservation of the Religion laws and liberties thereof and of his Majesties Authoritie and that in the first Parliament which shall be holden hereafter within this Kingdome and at all other occasions against any opposition whatsoever except in so farre as shall hereafter be thought sit and expedient by the common advise and consent of the Estates They have ordained and ordaines the Band under-written to be subscribed by all the Members of Parliament present and absent and by all Noble men Barons Burgesses and all other Subjects and inhabitants of the Kingdome in their Shires and Burghs as they shall be directed by the Commissioners of Parliament left at Edinburgh and to be reported to the Clerk betwixt and the first day of September next with certification that such as refuse or post-pone and delay to subscribe the same shall be holden as Enemies and Opposites to the common Cause consisting in the maintenance of the true reformed Religion and of the laws and liberties of this Kingdome and his Majesties Authoritie WEe Noble-men Barons Burgesses and others under subscribers Considering how necessarie it is to establish our Union in the preservation and maintenance of the Religion Laws and Liberties of this Kingdome and of his Majesties Authority and to prevent all factions contentions and divisions which may arise in prejudice thereof from malicious suggestions and mis-informations of our adversaries doe all and every one of us with our heart and hand testifie and declare our Resolution and Obligation for the reasons and causes at length exprest in the Act of Parliament immediately preceding to acknowledge the foresaid Parliament to have been and to be a free and lawfull Parliament Like as we binde and oblish us and every one of us upon our honours and credit and as we desire to be and to be holden true lovers of our Countrey and of the Religion laws and liberties thereof effauldly and faithfully to the uttermost of our power To joyne and concurre with our persons and estates every one of us according to our severall stations and callings in the maintenance of the freedome and lawfulnesse of the foresaid Parliament and in the advancement furtherance and assistance of the execution obedience and observation of the Acts and Constitutions thereof as the most sit and necessarie remedies of the by-gone and present evils and distractions of this Kirk and Kingdome and for the preservation of Religion laws and liberties thereof and of his Majesties Authoritie and that in the first Parliament which shall be holdeu hereafter within this Kingdome and at all other occasions and against any opposition whatsoever except in so far as shall be hereafter thought sit and expedient by the common advise and consent of the Estates In witnesse whereof we have signed and subscribed these presents with our hands At c. ACT XXXIX DECLARING THE PARLIAMENT Current and continuing the same while the nineteenth of November next THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Continues this present Parliament and all matters and actions belonging thereto while the nineteenth day of November next to come At the which day ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the same to be appointed to
THE ACTS MADE IN THE SECOND PARLIAMENT OF OUR MOST HIGH AND DREAD SOVERAIGNE CHARLES By the grace of God King of Scotland England France and Ireland Defender of the Faith c. Holden at Edinburgh in the severall Sessions thereof according to the dates therein mentioned Acts past and done in this present Session of Parliament the eleventh of June 1640. EDINBURGH Printed by Robert Young and Evan Tyler Printers to the Kings most excellent MAJESTIE ANNO 1641. Cum Privilegio Regiae Majestatis ACTS PAST AND DONE IN THIS PRESENT Session of PARLIAMENT the eleventh of June 1640. ACT I. ACT ANENT THE CHOOSING OF Robert Lord Burghlie to be President in this Court and Session of Parliament in respect of the absence of the Kings Commissioner THE Estates of Parliament presently conveened by His Majesties speciall authoritie Considering that in respect of the absence of His Majesties Commissioner they are necessitate to make choyse of one of their number to be President in this present Session of Parliament And understanding the sufficiencie of Robert Lord Burghlie for that charge They all in one voice with one consent did nominate elect and choose the said Robert Lord Burghlie to bee President and to proceed in this present Session and Court of Parliament for discussing and handling of the matters to be determinat thereintill ACT II. ACT ANENT THE CONSTITUTION Of the Parliament and all subsequent Parliaments THE Estates of Parliament presently conveened by His Majesties speciall authoritie Considering that this present Parliament was indicted by His Majestie for ratifying of such Acts as should be concluded in the late Assemblie of the Kirk for determining all Civill matters and setling all such things as may conduce to the publick good and peace of this Kirk and Kingdome And considering the severall complaints of this Kirk unto Parliaments from time to time proceeding from her continuall experience of prejudice and ruine through many persons and specially of Prelates their attempting to voyce or do any thing in name of the Kirk without either bearing Office in the Kirk or having commission from the Kirk And the Acts of the late Generall Assemblie condemning the office of Bishops Archbishops and other Prelates and the civil places and power of Kirkmen as their voycing and ryding in Parliament and craving the abolishing of these Acts of Parliament which grants to the Kirk or Kirkmen vote in Parliament to be abrogate as prejudiciall to her Liberties and incompatible with her spirituall nature Considering also that there are conveened in this present Parliament by His Majesties speciall indiction warrant and authoritie the Nobilitie Barons and Burgesses the Estates of this Kingdome who have a full and undoubted power to proceed and determine in all matters concerning the publick good of this Kingdome and that notwithstanding of the absence of the Prelates who by former Lawes were appointed to bee members of Parliament And to the effect none presume to move any question there anent The saids Estates now conveened as said is have declared and by these presents declares this present Parliament holden by the Nobilitie Barons and Burgesses and their Commissioners the true Estates of this Kingdome to be a complete and perfect Parliament and to have the famine power authority and jurisdiction as absolutely and fully as any Parliament formerly hath had within this Kingdome in time by-gone And ordaines all Parliaments hereafter to be so constitute and to consist onely in all time comming of the Noblemen Barons and Burgesses as the members and three Estates of Parliament And rescindes and annulls all former Lawes Acts of Parliament made in favours of whatsoever Bishops Archbishops Abbots Pryors or other Prelates or Churchmen whatsoever for their ryding sitting or voycing in Parliament either as Churchmen or the Clergie or in name of the Church or as representing the Church as an State or member of Parliament by reason of their Ecclesiasticall Offices Titles Dignities or Benefices and namely the 231. Act Parl. 15. K. Ja. 6.1597 anent the Kirk and specially parsons and prelates representing the third Estate and the 2. Act Parl. 18. K. Ja. 6.1606 anent the restitution of the estate of Bishops and their representing the third Estate with all Acts and Constitutions of Convention Councell or Session and all practises and customes whatsoever in so far as the same or any clause thereof tends or may be extended to the effect foresaid as being found and declared prejudiciall to the Libertie of this Kirk and Kingdom and to the puritie of the true reformed Religion therein established And prohibites all persons whatsoever to call in question the authoritie of this present Parliament upon whatsoever pretext under the pain of treason ACT III. ACT ANENT THE CHOOSING of Committees out of every Estate THe Estates of Parliament presently conveened by vertue of His Majesties speciall authority Considering that there have divers questions arisen in this present Parliament anent the freedome of the Parliament either to choose or not to choose Committees for Articles when they resolve to choose anent the manner of election of them anent their use and power By reason the same is not yet determined nor set down by any Acts of former Parliaments for removing whereof avoyding the great prejudice which by experience they find will hereby redound to this Kingdom and to the liberty freedom dignity of the supreme Courts of Parliament They have thought it necessary that a solid Order be set down as wel declaring the Liberty of the Parliament in the manner of their proceedings by themselves alone or by Committees for Articles as prescribing the form and manner of the election of these Committees for Articles and defining their use power and manner of proceeding to be observed in all times coming AND THEREFORE have statute and declared That according to the Liberty of all free Judicatories anent their own preparatorie Committees all subsequent Parliaments may according to the importance of Affairs for the time either choose or not choose severall Committees for Articles as they shall think expedient And that any subsequent Parliaments making election of Committees for Articles to prepare matters for them shall proceed in manner following To wit That these of the Noblemen shal be named and chosen by the Noblemen themselves out of their number And by the Barons Commissioners of Shires by themselves out of their number And the Burgesses Commissioners of Burrowes by themselves out of their number The names of the which persons so named and chosen out of every Estate not exceeding for every Committee the number prescribed by the Act of Parliament 1587. being openly read and made known to the whole Estates sitting in plain Parliament The said Estates having received any propositions which are ever first to bee presented to themselves by an Act shall authorize the said persons with power to treat reason and consult upon the expediencie or inexpediencie of such Articles allanerlie as shal be committed and
recommended unto them by the Estates and to set down such reasons and motives as they can devise whereby to inforce either the passing or rejecting of the famine in Parliament To be reported with the said Articles to the remanent of the said Estates assembled in Parliament that they may deliberate and advise thereupon and that after discussing of the reasons given in either for or against the famine The said Estates may ordain such of the saids Articles as they find to deserve consideration to bee formed the saids Articles to bee voyced in plain Parliament And in case it shall happen them to omit or forget to make report to the Estates as said is of any of the saids Articles with their reasons for or against the same It shal be lawfull in that case to the in-givers of the saids Articles to propone the famine again in plain Parliament that they may there be determined and decided And farther to the effect that the saids Estates may be in readines to receive all Articles which shal be given in and presented to the Parliament and either to give answer thereunto themselves if they shall think it expedient or otherwise to recommend the same to the said Committee to be digested by them and reported as said is IT is thought fit and declared That the rest of the Estates by and beside these of the severall Committees to the Articles shal be holden continually to sit for receiving advising and discussing of all Articles Propositions Overtures and Matters shall be presented to them from the beginning of the Parliament to the closure thereof And such like after all the saids Articles are past and discust by the saids Estates in manner foresaid That they shall take such a competent time as they shall think requisite according to the number and importance of the Affaires in hand To revise and consider the famine again before the day of voycing That they may be well and ripely advised thereanent ACT IV. ACT ANENT THE RATIFICATION Of the Acts of the Assembly THE Estates of Parliament presently conveened by His Majesties speciall Authoritie Ratifies approves and perpetually confirmes the Act of the Generall Assemblie holden at EDINBURGH in the moneth of August last by-past made upon the seventeenth day of the said Moneth and in the eighth Session of the said Assembly intituled Anent the six causes of our bygone evils whereof the tenour followes THE Kings Majestie having graciously declared that it is His Royall will and pleasure that all questions about Religion and matters Ecclesiasticall be determined by assemblies of the Kirk having also by publick Proclamation indicted this Free Nationall Assembly for setling the present distractions of this Kirk and for establishing of a perfect peace against such divisions and dis-orders as have been sore displeasing to His Majestie and grievous to all his good subjects And now his Majesties Commissioner John Earl of Traquaire instructed and authorized with a full Commission being present and sitting in this assembly now fully conveened and orderly constitute in all the members thereof according to the order of this Kirk having at large declared His Majesties zeal to the reformed Religion and His Royall care and tender affection to this Kirk where His Majestie had both His Birth and Baptisme His great displeasure at the manifold distractions and divisions of this Kirk and Kingdom and His desires to have all our wounds perfectly cured with a faire and fatherly hand And although in the way approven by this Kirk tryall hath been taken in former Assemblies before from the Kirk Registers to our full satisfaction yet the Commissioners Grace making particular inquirie from the members of the Assembly now solemnly conveened concerning the reall and true causes of so many and great evills at this time past had so sore troubled the peace of this Kirk and Kingdome IT was represented to His Majesties Commissioner by this Assembly that beside many other the main and most materiall causes were first the pressing of this Kirk by the prelates with a Service book or book of Common prayer without warrant or direction from the Kirk and containing beside the popish frame thereof divers popish errours and ceremonies and the seeds of manifold and grosse superstitions and idolatrie With a book of Canons without warrant or direction from the Generall Assembly establishing a tyrannicall power over the Kirk in the persons of the Bishops and overthrowing the whole Discipline and Government of the Kirk by Assemblies With a book of Consecration and Ordination without warrant of authoritie Civill or Ecclesiasticall appointing offices in the house of God which are not warranted by the word of God and repugnant to the Discipline and Acts of our Kirk And with the High Commission erected without the consent of this Kirk subverting the jurisdiction and ordinary Judicatories of this Kirk and giving to persons meerly Ecclesiasticall the power of both swords and to persons meerly civill the power of the keyes and kirk censures A second cause was the Articles of Perth viz. the observation of Festivall dayes kneeling at the Communion Confirmation Administration of the Sacraments in private places which were brought in by a null Assembly and are contrary to the Confession of Faith as it was meant and subscribed Anno 1580. and diverse times since and to the order and constitution of this Kirk Thirdly the change of the Government of the Kirk from the Assemblies of the Kirk to the persons of some Kirkmen usurping priority and power over their Brethren by the way and under the name of Episcopall Government against the confession of Faith 1580. against the order set down in the book of policie and against the intention and constitutions of this Kirk from the beginning Fourthly the civill places and power of Kirkmen their sitting in Session Councell and Exchequer their ryding sitting and voycing in Parliament and their sitting in the Bench as Justices of Peace which according to the Constitutions of this Kirk are incompatible with their spirituall function lift them up above their Brethren in worldly pomp and doe tend to the hinderance of the Ministerie Fiftly the keeping and authorizing corrupt Assemblies at Linlithgow 1606. 1608. at Glasgow 1610. at Aberdene 1616. at S. Andrewes 1617. at Pearth 1618. which are null and unlawfull as being called and constitute quite contrary to the order and constitutions of this Kirk received and practised ever since the Reformation of Religion and withall labouring to introduce Novations into this Kirk against the Order and Religion established A sixth cause is the want of lawfull and Free Generall Assemblies rightly constitute of Pastours Doctours and Elders yearely or oftner pro re nata according to the Liberty of this Kirk expressed in the book of policie and acknowledged in the Act of Parliament 1592. after which the whole Assembly in one heart and voyce did declare that these and such other proceeding from the neglect and breach of the Nationall Covenant of this Kirk and
if the same had past the Signet and that aye and while the said Signet bee returned againe to Edinburgh and the same intimate to the Lieges The said George Hadden alwayes keeping and retaining the warrands and making a minute and note thereof And making the same together with the prices payed therefore forth-comming to the Lord Secretarie or others in his name by his warrand And ordaines these presents to be intimate to all his Majesties Lieges by publike Proclamation at the market crosse of Edinburgh to be made hereupon And these presents for the full warrand of the whole premisses to be enacted and recorded in their books of Sederunt Which Act the saids Estates not onely ratifies in manner above specified but also ordaines the said Act to stand in full force and strength to the effect above-written therein specified conforme to the tenour thereof foresaid while the _____ day of _____ 1600. and _____ yeares And strictly inhibits and discharges all keepers of the Signet in any time hereafter for any cause or any pretended occasion whatsoever to transport or carry the Signet or any Seale forth of this Kingdome under the pain of death and confiscation of their moveable goods ACT XXXII ACT DISCHARGING ALL CUSTOME OF Ammunition brought home to the lieges to their owne use for defence of religion and liberties of Kirk and Kingdom THe Estates of Parliament presently conveened by his Majesties speciall authority considering the priviledge and exemption bruiked by the Nobility and Barrons of this Kingdome whereby they have beene exeemed from payment of all custome for goods imported to this Kingdome for their owne use And there-with-all Taking to their consideration that the said exemption ought more especially be enjoyed for the armes brought home at this time to the Nobility Barrons and Gentry of this Kingdome and all others his Majesties lieges whatsoever for their owne use for defence of Religion Liberties of this Kirke and Kingdome in thir times of troubles since the yeare of God 1637. Therefore statutes and ordaines that all sort of Ammunition whatsoever brought into this Kingdome since the year of God 1637. or to be brought in hereafter during the time of thir troubles shall be free of all customes and imposition whatsoever And inhibites and discharges all Customers or whatsoever receivers thereof of exacting any custome or imposition for any kinde of armes or ammunition already imported or to be imported during the time foresaid And of all arresting or detaining the saids armes and ammunition or any goods belonging to the Merchants importers thereof for any custome acclaimed for the same which the Estates finds no wayes due nor reasonable to be granted in the case foresaid ACT XXXIII ACT FOR THE COMMITTEES OF ESTATES THe three Estates of Parliament presently conveened having taken to their consideration the present estate of this Countrey and Kingdome being invironed and threatned with armes by sea and land and great hostile preparations hatcht and prepared against the same without any just ground or quarrell whereby as manifestly doth appeare there is nothing lesse intended against this Church and Kingdome nor an utter exterminion and totall destruction So that the saids Estates are necessitate and forced to put themselves in readinesse for a just and lawfull defence of the Religion Laws Lifes Liberties and Countrey and withall considering how necessar it is for the good of the publick weal of the Countrey and maintenance of the armies lifted and to be up-lifted and out-reiked both by sea and land and for ordering directing and governing of the whole body of this Countrey and Kingdome That a setled grave and solide Committee from the Estates be elected nominate constitute and authorized by this present Parliament which Committee from the Estates shall consist of a competent number of the most able qualified and trustie Noblemen Barons and Burgesses of this Kingdome Therefore the foresaids Estates of Parliament now conveened doe hereby nominate elect choose and appoint the persons after specified viz. John Earle of Rothes James Earle of Montros John Earle of Cassils John Earle of Wigtoun Charles Earle of Dumfermling William Earle of Lothian John Lord Lindesay John Lord Balmerino James Lord Couper Robert Lord Burghly Archbald Lord Napeir John Lord Lower Sir Alexander Gibson of Dury Sir John Hope of Craighall Sir John Scot of Scotstarvet Senators of the Colledge of Justice Sir Thomas Nicolsone of Carnok Sir Patrik Hepburne of Wauchton Sir David Hume of Wedderburne Sir George Stirling of Kier Sir Patrik Murray of Elibank Sir Patrik Hamiltoun of Littlepreston Sir William Cunningham of Caprintoun Sir William Douglas of Cavers James Chalmers of Gadgirth Sir Thomas Hope of Carse _____ Drummond of Riccartoun _____ Lesly of Forbes Master George Dundasse of Maner John Smyth Edward Edgar Thomas Paterson Richard Maxwell Merchants Burgesses of Edinburgh William Hamiltoun Burges of Lithgow Master Alexander Wedderburne Clerk of Dundie George Porterfield Baliffe of Glasgow Hew Kennidie Baliffe of Aire John Rutherfurd Provest of Jedburgh Master Alexander Jaffray Burges of Aberdeene or Master William Ore in his absence James Sword Burges of S. Androes and James Scot Burges of Montros to bee Commissioners from the Estate To whom the Estates and Body of this Present Parliament gives and commits full power warrant and commission to doe order direct act and put in execution every thing necessar expedient and incumbent alswell for the preservation and maintenance of the armies both of horse and foot by sea and land as for ordering the Countrey and whole body and inhabitants thereof deciding of questions and debates which shall happen to arise or fall out in any businesse which shall occasion or offer in this Kingdome concerning the peace and quiet thereof But prejudice of the Colledge of Justice or any other ordinarie judicatorie within this Kingdome lawfully established by Act of Parliament which shall no wayes be prejudged by this commission And with full power to them to borrow up-take and levy moneyes for the use the publick and to give and prescribe orders and directions for depursing thereof and for any other thing requisite which may concerne the good quiet and peace of the Countrey And with power to them to call and conveene such Noblemen Barons Burgesses and other countrey men to repaire to them for their counsell and assistance in any businesse which shall occurre as they shall finde necessar and expedient And with power to them to give orders and directions to collectors commissioners and all other persons who shall happen to be employed or have charge or place either in the army or in the Countrey in the publick busines in every thing which concernes their place and charge and to call them to an accompt al 's oft as they please and to appoint Auditours for hearing and receiving thereof whether of their owne number or any other they please to nominate and with power to them to allow and disallow as they shall find equitable and expedient for what
for the Kirk and the summe of five hundreth markes to be payed yearly to the said Master Archbald Johnstoun as present Clerk to the generall Assemblies of the Kirk for the Fee and Pension of that office and to his Successours chosen and appointed by the Assembly in that place for the discharge thereof and service thereintill And the summe of other five hundreth markes of Fee and Pension yearly to bee payed to Master Robert Dalgleish present Agent for the Kirk and to his Successours chosen and appointed by the Assembly in that charge And in respect that the Advocate Clerk and Agent for the Kirk must have their continuall residence at Edinburgh for attending the affairs of the Kirk and that the saids Fees and Pensions ought to bee payed out of the Bishops rents and that the saids officers should be payed thereof out of the nearest and most commodious rents belonging to the saids Bishopricks Therefore the saids Estates ordaines the saids fees and pensions to be payed to the saids present officers and to their successours respective in that charge out of the readiest of the few duties and out of the quotes of Testaments of the diocesse of S. Andrews Glasgow and Edibburgh according to the proportion and division to be determinate and set down by the Committee from this present Parliament appointed to remaine at Edinburgh and ordaines the foresaids fees to be payed conforme to that division by the heritors fewars fermorers and others adebted in payment of the few duties of the saids three Bishopricks and by the collectors and intrometters with the saids quotes of Testaments And also ordaines the Lords of Session to direct letters on this present Act and upon the determination and division of the said Committee at the instance of the Advocate Clerk and Agent for the Kirk present and to come for payment to them yearly of their saids fees and pensions above-specified And because that the present Procurator Clerk and Agent have been serving the Kirk in these places these two yeares by-gone without receiving their fees otherwayes due to them and that the rents of the saids two yeares are yet untaken up by the pretended Bishops of Edinburgh Glasgow and S. Andrews but are restand in the tenants and collectors hands Therefore they ordaine their entrie of payment to be to the crop and yeare of God 1638. yeares ACT XXXVIII ORDAINING THE WHOLE SUBJECTS And Lieges of this Kingdome to obey maintaine and defend the Conclusions Acts and Constitutions of this present session of Parliament and to subscribe the band appointed for that effect IN the Parliament holden at Edinburgh the eleventh day of June 1640. yeares the Estates of Parliament presently conveened by his Majesties speciall authority Considering that whereas after many petitions and supplications given in and presented to his Majestie and the Lords of his secret councell by divers of the Nobility Barons and Burgesses of this Kingdome for granting a free Generall Assembly and Parliament for reforming of many great abuses and novations tending to the overthrow of the true reformed Religion and undoing of this Kirk and Kingdome devised and brought in by the late pretended Bishops who by their subtle practises during his Majesties absence these many yeares had ingrost in their persons all the Ecclesiastick and civill Power of this his Majesties ancient and native Kingdome It was granted by his Majestie out of his Royall Justice and accorded by the Articles of Pacification made at his Majesties camp in the moneth of June 1639. yeares last by-past that a free generall Assembly and Parliament should be indicted by his Majestie and that all matters Ecclesiasticall should be determined by the Assemblies of the Kirk and matters civill by Parliaments and other inferiour Judicatories established by Law And that according thereunto his Majestie did indict an Assembly to be holden at Edinburgh the twelfth of August and a Parliament for ratifying the Conclusions of the same assembly and setting down such other things as might conduce to the peace and good of the Kingdome To be holden at Edinburgh the twenty sixth of August last by-past In the which assembly the matters concerning the puritie of the true reformed Religion and peace of this Kirk after great debate delayes and protracting of time made by John Earle of Traquaire his Majesties Commissioner being at length concluded upon the _____ day of August 1639. yeares the Parliament sitting down immediately thereafter upon the penult day of the said moneth of August the ratifications of the Conclusions of the same assembly and many other matters of great importance conducing necessarily to the setling of the peace of this Kingdome being proponed in Parliament were likewise shifted and delayed and the closing of the Parliament protracted from time to time unto the _____ day of November last by-past At the which time the said John Earle of Traquaire did take upon him without the consent of the Estates to prorogate the foresaid Parliament to the second day of June instant not only contrary to the Articles of Pacification but also to the prejudice of the Liberties of the Parliament for preservation whereof the saids Estates were forced to make a declaration in Parliament against the same And that albeit since the said _____ day of November unto this time the saids Estates have used all possible meanes to give his Majesty full satisfaction both by their peaceable carriage at home and by sending their Commissioners to acquaint his Majestie with all their just desires and the reasons thereof yet they have not onely received no answer but upon the contrary their proceeding in the said Parliament being untruly related by the said John Earle of Traquaire have been condemned as Rebellious without hearing And our Commissioners sent for clearing thereof all restrained in private houses for a long time and John Lord Lowdoun being one of them committed to the Tower where he is still detained prisoner The Castles of Edinburgh and Dumbartane have in the meane time beene fortified and provided with all sort of Ammunition in great abundance and Garisons of Souldiers not being natives of this Kingdome put therein the Garison in the Castle of Edinburgh dayly killing diverse of the inhabitants of this Citie and spoyling their houses with musquets and great Ordnance all ships belonging to this Kingdome arrested in England and Ireland and many of them coming from other places layed waite for and taken by the way their owners and passengers spoyled of their goods and apparell layed in the yrons and barbarously abused A Commission granted to the Generall of the English forces by sea and land to kill destroy and subdue this whole nation a printed Declaration put forth denouncing war against it perswading exhorting and provoking the other two Kingdomes to grant subsidies and take Armes against the inhabitants of this Kingdome as traitours and rebells And the Parliament of Ireland hath proceeded so farre as to declare them to bee such All which they have hitherto
Commission to John Earle of Rothes Lord Lesley c. Charles Earle of Dumfermling Lord Urquhart and Fuby c. John Lord Londoun Sir Patrick Hepburne of Wachtoun Sir William Douglas of Cavers William Drummond of Riccarton John Smith of Edinburgh Mr. Alexander Wedderburne of Dundy and Hugh Kennedy of Air as members of the Estates of Parliament And because many things may occurre concerning the Church and Assemblies thereof Therefore besides these of the Estates we nominate and appoint Mr. Alexander Hendersone and Mr. Archibald Johnstoun whom we adjoyne for that effect With power to them or any seven of them there being alwayes two of every Estate to passe to the said City of London and there or at any other place convenient mutually to be agreed upon to meet and conveen with any who shall be appointed by his Majesty and Estates of Parliament of England for the foresaid Treaty giving granting and committing like as we by these presents give grant and commit to them in manner foresaid full power warrant and commission to treat consult advise determine and agree as well anent the satisfying and granting of our Demands as in obtaining and securing a setled peace for all time comming conforme to the instructions given to them herewith or which shall be sent to them hereafter by us or any one of the said Quorums at the Campe of Edinburgh thereanent With power to them as said is to do everything which may conduce for the better and easier obtaining of our said demands and establishing a setled peace conforme to the said particular instructions in such like manner as we might do if we were all personally present our selves in full number promising to hold firme and stable all and every thing our said Commissioners in manner foresaid shall do in the Premisses conforme to the said instructions And in case it shall be found expedient or necessary to adde any more Commissioners to the foresaid persons these who shall so be sent authorized under our hands or the full number of any of the said Quorums shall have a like power and Commission by vertue of these presents with the fore-named Commissioners in such like manner as if their names were particularly exprest herein In witnesse whereof these presents are subscribed at Newcastle and Edinburgh the last of October and 4. of November 1640. SIC SUBSCRIBITUR Rothes Montrose Cassils Lothian Lyndesay Balmerino Naper Burghly Jo. Cooper Thomas Hope Ricccarton Caprinton Gaitgirth Dundas Edward Edgar Rich. Maxwell James Scot. Gorterfield Hume Hammilton Mr. Will. More Ja. Sword Hew Kennedy Rutherfoord And forasmuch as by vertue of the said Commissions the Commissioners therein authorised have treated and by the assistance and blessing of God have agreed upon the heads and articles following ARTICLES OF THE LARGE TREATY concerning the establishing of the peace betwixt the Kings Majestie and his people of Scotland and betwixt the two Kingdomes agreed upon by the Scottish and English Commissioners at the City of Westminster the seventh day of August 1641. THe SCOTTISH COMMISSIONERS having given in the Declaration following viz. WEE doe still in all Loyalty as becomes humble and duetifull Subjects acknowledge our dependency upon his Majesty as our dread Soveraign whether his Majesty live in Scotland or England and shall alwayes and in all things witnesse our high respects and best affections to the Kingdome and Parliament of England according to the strong bonds of nature and religion by which the two Kingdomes are joyned under one Head and Monarch yet as wee are fully assured that the Kingdome and Parliament of England is for the present farre from any thought of usurpation over the Kingdome and Parliament of Scotland or their Lawes and Liberties so for the preventing the misunderstanding of the Posterity and of Strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of our proceedings which may arise upon our comming into England and our treating in time of Parliament We doe by these declare and make known that neither by our Treaty with the English nor by seeking our peace to bee established in Parliament nor any other actions of ours doe wee acknowledge any dependency upon them or make them Judges to us or our Lawes or any thing that may import the smallest prejudice to our Liberties but that wee come in a free and brotherly way by our informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyne our endeavours in what may conduce for the good and peace of both Kingdomes no otherwise then if by occasion of the King his residence in Scotland Commissioners in the like exigence should be sent thither from England DID DEMAND that his Majesty would bee graciously pleased to command that the Acts of the late Parliament may bee published in his Highnesse name as our Soveraign Lord with consent of the Estates of Parliament conveened by his Majesties authority WHEREUNTO it is answered and agreed That for as much as the Kings Majesty at the humble desire of his Subjects did call and conveen a Parliament to be holden at Edinburgh the 2. of June 1640. wherein certain Acts were made and agreed upon which Acts his Majestie for the peace and good of his Kingdome is pleased to publish in his owne name with consent of the Estates and therefore commands that the said Acts bearing date the 11. day of June 1640. be published with the Acts to be made in the next Session of the same Parliament and that all the said Acts aswell of the precedent as of the next Session to be holden have in all time comming the strength of Lawes and to be universally received and obeyed by all the Subjects of the Kingdome of Scotland His Majesty doth in the word of a King promise the publishing of the said Acts in such sort as is above specified As for the manner of publishing the said Acts his Majesty approves that the Declaration of the Estates in the beginning of the Acts and the conclusion at the end may be past in silence at the publishing of the Acts and left out in the printed Copies And if any thing shall further occurre concerning the manner of publishing the said Acts his Majesties Commissioner may then offer it to the Estates to be considered of his Majesty being most assured that the Estates of Parliament will have a great care not to suffer his Majesties authority to be prejudiced in the managing of these great affaires Tertio Decembris 1640. THE SECOND DEMAND that the Castle of Edinburgh and other strengths of the Kingdome should with the advice of the Estates of Parliament according to their first foundation be furnished and used for defence and security of the Kingdome IS AGREED UNTO THE THIRD DEMAND that Scottish men within his Majesties Dominions of England and Ireland may be freed from censure for subscribing the Covenant and be no more pressed with oathes and subscriptions
former grant of the second Demand Concerning the keeping of the Castles of the Kingdome of Scotland 14. of June 1641. To their desire concerning unity in Religion uniformity of Church-government as a speciall meanes for conserving of Peace betwixt the two Kingdoms upon the grounds and reasons contained in the Paper of the 10. of March given into the treaty and Parliament of England It is answered upon the 15. of June That his Majesty with the advice of both Houses of Parliament doth approve of the affection of his Subjects of Scotland in their desire of having Conformity of Church-government betweene the two Nations and as the Parliament hath already taken into consideration the Reformation of church government so they wil proceed therin in due time as shal best conduce to the glory of God the peace of the Church of both Kingdoms 11. of June 1641. To their desire of the Kings Majesty and the Prince their comming and residing some times in Scotland upon the reasons given in February 16. 1641. Stilo Scotico It is answered upon the 9. of June that his Majesty doth take in good part the sense his Subjects of Scotland have of his absence and the dutifull expression they make of their desire to have Him and the Prince his Sonne frequently among them and assuring himselfe that they have no other intention in this Demand but meerely to expresse their love to his Person and the welfare of his ancient Kingdome He declares unto them that as he shall finde the urgency of those affaires require his presence and his other conveniences here permit He will repaire thither and the Prince his Sonne so farre as he may know and be acquainted with the People there 9. of June 1641. To the desire concerning the manner of choosing and placing of the officers of State Counsellors and Sessioners within the Kingdome of Scotland by advice of the Parliament upon the grounds and reasons given in March 15. 1641. Stilo Scotico It is answered the 9. of June in his Majesties name We intend nothing more heartily and really then that our People shall be governed by the Laws of the Kingdome and that all Judges in their severall Judicatories should judge accordingly Therefore we wil never allow nor permit that either Counsellors officers of State or Judges be exeemed from our our Parliaments tryall and censure for the discharging of their duties in their severall offices and places Likewise we conceive that nothing will more conduce to the good of our service and the peaceable and happy government of the Kingdome then that officers of State places of Councell and Session and other Judicatories be provided with honest able and qualified men For which end and because of our necessary absence from that Kingdom which maketh the qualification of Persons fit for places lesse known to us We shal so far give eare to the Informations of our Parliament and when our Parliament is not sitting of our Councell and Colledge of Justice as that we shal make choise of some one of such as they by cōmon consent upon the vacancie of the place shal recommend unto us Or if wee shall conceive another person to bee fitter then any of these recommended wee shall make the same knowne to the Parliament or in the time betweene Parliament to out Councell and Session that from them wee may be informed of the Qualification and Abilities of the person named by us to the effect that if by their Information it shall appeare to us that there is just exception against the life and qualification of the said party wee may timely nominate some other against whom there shall bee no just exception By which meanes wee doubt not but that wee shall from time to time choose such honest men as for their knowne Integrities and Abilities shall bee fit to discharge their places and Offices with that duty and sufficiency which wee and our Subjects may justly expect Which intention of ours being now so cleerely and fully expressed wee doubt not but will give good satisfaction to our ensuing Parliament And as wee never intended to remove just and able men from their places in the Colledge of Justice So doe wee now declare for our peoples full satisfaction that their places shall provided unto them Quam diu se bene gesserint And if this our Answer cannot content the Scottish Commissioners Wee doe then remit the whole Answer to be considered by us or our Commissioner and the Parliament at the next sitting thereof 9. of June 1641. To their desire of placing some Scottish men of respect about the King and Queenes Majesties and the Princes Highnesse upon the grounds and reasons given in the 9. of Aprill 1641. It is answered His Majesties goodnesse and grace towards his Subjects of Scotland in placing them about his owne Person in places of greatest neerenesse and trust hath beene such as ought to give them full satisfaction of His Royall Affection towards His Subjects of His Native Kingdome Therefore for this point His Majestie needeth onely to assure them that hee shall continue the same care which hitherto hee hath done for their satisfaction in this particular and not onely so but shall also recommend the same to the Prince his Sonne that successively the Kingdome of Scotland shall so taste of the care of their Soveraignes That by the Grace of God they shall never want a sufficient number of honest and sufficient persons of that Nation about the Kings Person and Princes against whom there shall be no just exception the 9. of June 1641. To their desire that none may have place about his Majesty and the Prince but such as are of the reformed Religion in manner expressed in the paper 1. April 1641. It is answered His Majesty doth conceive that his Subjects of Scotland have no intention by this proposition especially by way of demand to limit or prescribe unto him the choice of his Servants but rather to shew their zeal to Religion wherein his owne piety will make him do therein that which may give just satisfaction to his people 9. June 1641. To their desire given in the first of April concerning the Copper Coine It is answered Whereas the Scottish Commissioners have represented unto his Majesty the great prejudice sustained by the Kingdom of Scotland through the coining of Copper money which hath passed there this long time by-gone for seven times and above as much as the true value and worth thereof contrary to the continuall custome of that Kingdome And therefore desiring that no Copper money bee coined hereafter without consent of the Estates conveened in Parliament who may remedy the present prejudices the Country sustains thereby And who upon good consideration of the necessity thereof in time to come may appoint such a competent proportion as is fit and as the Countrey shall require for the use of the poore and for change in buying and selling of commodities and that the same
shall not passe but according to the intrinsick value thereof with the allowance of a tenth part or such a proportion as the Parliament shall think fit to allow for the impression and workmanship in coyning His Majesty is graciously pleased to recommend to the ensuing Parliament of Scotland the whole matter of copper coine and remits to their consideration to take such order therein as they shall thinke fitting not onely concerning the copper coine to be coyned hereafter but also the copper money already coyned how the same shall take vent and passe in payment in time comming Conforme to the paper of the ninth of June 1641. CONCERNING AN ACT OF Pacification and Oblivion IT is agreed unto that in the approaching Parliament of Scotland there shall be an Act of Pacification declaring that the late commotions and troubles arising from the innovations of Religion and corruption of Church Government by the mercy of God and the Kings Royall wisdome and Fatherly care are turned into a quiet calme and comfortable Peace lest either his Majesties love or the constant loyalty of his Subjects in their Intentions and Proceedings be hereafter called in question and that such things as have falne forth in these tumultuous times while Lawes were silent whether prejudiciall to his Majesties Honour and Authority or to the Lawes and Liberties of the Church and Kingdome or to the particular interest of the Subject which to examine in a strict court of Justice might prove an hinderance to a perfect peace may be buried in perpetuall Oblivion So it is expedient for making the Peace and Unitie of his Majesties Dominions the more firme and faithfull and that his Majesties countenance against all feares may shine upon them all the more comfortably that an Act of Pacification and Oblivion be made in the Parliaments of all the three Kingdomes for burying in forgetfulnesse all Acts of hostility whether between the King and his Subjects or between subject and subject or which may be conceived to arise upon the coming of any English Army against Scotland or coming of the Scottish Army into England or upon any Action Attempt Assistance Counsell or Advise having relation thereunto and falling out by the occasion of the late troubles preceding the conclusion of the Treaty and the return of the Scottish Army into Scotland That the same and whatsoever hath ensued thereupon whether trenching upon the Lawes and Liberties of the Church and Kingdom or upon his Majesties Honour and Authority in no time hereafter may be called in question nor resented as a wrong Nationall or Personall whatsoever be the quality of the person or persons or of whatsoever kind or degree Civill or Criminall the injury is supposed to be and that no mention be made thereof in time coming neither in judgment nor out of judgment But that it shall be held and reputed as though never any such thing had been thought nor wrought And this to be extended not onely to all his Majesties subjects now living but to their Heires Executors Successours and all others whom it may concerne in any time to come And for that end that by the tenour of this Statute all Judges Officers and Magistrates whatsoever be prohibited and discharged of directing of Warrants for citation processing or executing any sentence or judgment upon Record or any way molesting any of his Majesties lieges concerning the premisses in all time coming Like as that his Majestie for himselfe and his Successours promiseth in verbo Principis never to come in the contrary of this Statute and Sanction nor any thing therein contained but to hold the same in all points firm and stable And shall cause it to be truly observed by all His Majesties Lieges according to the tenour and intent thereof for now and ever And that in all time coming these presents shall have the full force and strength of a true and perfect security as if they were extended in most ample and legall forme Providing that the benefit of the said Statute shall no wayes be extended to any of the Scottish Prelates or to John Earl of Traquair Sir Robert Spotswood Sir John Hay and Master Walter Balcanquall cited and pursued as Incendiaries betwixt the Kingdomes and betwixt the King and his People and for bribery corruption and many other grosse crimes contained in their charges generall and speciall nor to any other persons who are cited and shall be found by the Parliament of Scotland in his Majestie or his Commissioners their owne hearing to be so extraordinarily guilty of these and the like crimes as they cannot in justice and with the honour of the King and Countrey passe from them Provided further that the benefit of this Act shall not bee understood to extend to the favour of Theeves Robbers Murtherers Broken men Sorners Out-lawes nor their Receptors With reservation also of the legall pursuits and processes of the Scots in Ireland for the reparation of their losses according to justice against such who have illegally wronged and persecuted them since by one of the Articles of the Treatie they are appointed to be restored to their means and estate It is also to be understood that nothing is meant hereby to be done in prejudice either of the payment of the debts owing upon promise or security by the Scottish Army to any of the Counties or to any person there the same being instructed before the removall of the Scottish Army or of the Arrears due to the Scottish Army or to that brotherly assistance granted them by the Parliament of England That the great blessing of a constant and friendly conjunction of the two Kingdomes now united by alleageance and loyall subjection to one Soveraigne and Head may be firmly observed and continued to all Posterity it is agreed that an Act be past in the Parliament of England that the Kingdomes of England or Ireland shall not denounce nor make warre against the Kingdome of Scotland without consent of the Parliament of England As on the other part it shall be enacted there that the Kingdome of Scotland shall not denounce nor make warre against the Kingdoms of England or Ireland without consent of the Parliament of Scotland No ships either of the Kings or Free-booters or others shall stop the trade of the Kingdome or hinder or harme their neighbour Kingdome without consent of Parliament declaring a breach of Peace And if any armies shall be levied or trade stopped and Neighbours harmed or wronged the States of the Countrey by which it is done to be obliged to pursue take and punish the offenders with all rigour And if any of the Kingdomes assist receive or harbour them they are to be punished as breakers of the Peace And if after complaint and remonstrance to the Commissioners after mentioned and to the Parliament redresse and reparation be not made then and in that case the same to be counted a breach of the Peace by the whole Kingdome And in case any of the subjects of
tryall and censurethere so that the same be reciprocall to both Nations but other Criminalls and Debts to be referred to the Laws THE PROPOSITIONS AND ARTICLES Given in by the Scots Commissioners after the Lord Loudoun his return from the Parliament of Scotland THat the Treatie of Peace may bee brought to a speedy and happy close wee did offer to your Lordships consideration the particulars following 1 That so soone as the Scottish Army shall remove out of England to Scotland the English Garrisons of Barwick and Carlile should remove simul semel 2 Lest Malefactors who have committed Theft Murther and the like crimes crave the benefit of the Act of Pacification and Oblivion for whom it is no wayes intended there would be an exception from the said Act of all Legall pursuit intended or to be intended within the space of an yeere after the date of the Treaty Again all Theeves Sorners Out-laws Fugitives Murtherers Broken men or their Receptors for whatsoever Theft Reifs Harships Oppressions Depredations or Murther done or committed by them and all lawfull Decrees given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to dignosce and take cognition whether the same fals within the said Act of Pacification and Oblivion or not 3 It is desired that the demand concerning the not making or denouncing of warre with Forraigners without consent of both Parliaments may be condescended unto by the King and Parliament of England which is ordinary and universally observed in all mutuall Leagues which are both defensive and offensive And because the wars denounced by one of the Kingdomes with Forraigners although made without consent of the other Kingdome will ingage them by necessary consequence or if the consideration of that Proposition shall require longer time then the present condition of the important affaires of the Parliament may permit and lest the speedie close of the Treaty bee thereby impeded It is desired that this Demand with the two other Articles of the same nature the one concerning Leagues and Confederations and the other concerning mutuall supply in case of forreigne invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have power to treat and advise there upon for the good of both Kingdomes and to report to the Parliaments respectivè 4. It is desired That the Articles concerning Trade and Commerce Naturalization mutuall Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England And namely that demand about the pressing of ships or men by Sea or Land Or if shortnesse of time and exigencie of affaires may not permit the present determination of these Demands It is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof for the good of both Kingdomes And to make report to the Parliaments respectively And that the Charters or Warrants of the Scottish Nation for freedome of shipping in England or Ireland from all Customes Imposts Duties and Fees more then are payed by the Natives of England and Ireland granted by King James under the broad Seal of England upon the eleventh of April the thirteenth yeere of his Reigne and confirmed by King Charles the nineteenth of April the eighth yeere of his Reigne may be ratified and enacted in the Parliament of England 5. That the extracts of Bands and Decreets put upon Record and Register in Scotland may have the like faith and execution as the French Tabelliones have in England or Ireland seeing they are of alike nature and deserve more credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments 6. The manner of safe conduct for transporting the money from England to Scotland by Sea or Land would be condescended upon in such a way as the charges be not exorbitant 7. The tenour of the Commission for conserving of peace would be condescended unto together with the times and places of meetings and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make like Commission and name their Commissioners for that effect 8. The Parliament of Scotland doe joyne their earnest hearty desire and crave the Parliament of Englands concurrence that none be in place about the Prince his Highnesse but such as are of the reformed religion 9. That an Act of Parliament of publike faith for payment of the 220000. pounds of the brotherly assistance which is arrear may be presently framed and expedited according to the termes agreed upon 10. It is desired that the Quorum to whom the Scots should addresse themselves for payment of 220000. pounds be condescended upon 11. That the order for recalling all Proclamations c. made against his Majesties subjects of Scotland be drawn up and intimated in due forme and time with the publick thanksgiving at all the Parish Churches of his Majesties Dominions 12. It is desired that the Articles concerning the Castle of Edinburgh and other strengths of that Kingdom may be understood to be that the same shall bee disposed of for the weale of the Kingdome as the King and Parliament shall think expedient THE ENGLISH LORDS COMmissioners answer THat upon the disbanding of the Scottish Army the Garrisons of Barwick and Carlile shall be removed according to the Article of the Treatie on that behalfe The second Article is condescended unto according to the provision added to the Act of Oblivion and Pacification 3.4.5.6 The third demand concerning the making of war with forreigners with the other two Articles concerning Leagues and Confederations and concerning mutuall supply and assistance against forraine invasion is agreed to be referred to Commissioners to be chosen by his Majesty and the Parliaments As likewise the 4.5 and 6. Articles concerning Trade Commerce Naturalization mutuall priviledge and capacity and others of that nature and the demands concerning the extracts of Bands and Decreets and the maner of safe conduct for transporting of moneys from England to Scotland are all referred to be taken in consideration by the Commissioners to be appointed by both Parliaments who shall have power to advise and treat thereupon and report to the Parliaments respectively 7 It is just that the tenour of the Commission for conserving of peace should be agreed upon by mutuall consent but the closing of the treaty not to stay hereupon but to be left to the Commissioners to be named 8 To that desire concerning such as should be placed about the Prince the King hath already given a cleere and satisfactory answer 9 That there be an Act of Parliament of publike faith for securing the paiment of 220000 pounds which is
arreare of the brotherly assistance is just and order is given for it accordingly And it shall be communicated with the Scottish Commissioners that it may be a perfect security 10 The tenth for appointing a Quorum for attending the paiment of the money is already moved to the parliament will be done as is desired 11 The eleventh article is very just and order shal be given accordingly for recalling all Proclamations c. and for publick Thanksgiving 12 This Article for the Castle of Edinburgh and other strengths of Scotland is to be setled betwixt his Majesty and the Commissioners of Scotland or by his Majesty and Parliament of Scotland All which Articles are assented unto and approved by his Majestie with advice of the Parliament of England and by the Committees of the Parliament of Scotland and are necessary for publick declaration of mutuall consent and for firme observation to be confirmed and ratified in the Parliaments of both Kingdomes BE it therefore enacted by his Majesty with the assent of the Lords and the Commons in this present Parliament assembled that the said Treaty and all the Articles thereof assented to as aforesaid be and stand for ever ratified and established and have the force vigor strength and authority of a Law Statute and Act of Parliament Like as this afore-written Treaty and whole Articles thereof are by his Majesty and the States of the Parliament of Scotland enacted and ordained to have in all time comming the full force and strength of a true and perfect security and Act of the said Parliament And his Majesty for himselfe and his Successors doth promise in verbo principis never to come in the contrair of this Statute Sanction nor any thing therein contained but to hold the same in all points firme stable and shall cause it to be truly observed by all his Majesties Leiges according to the tenor and intent thereof for now ever Like as the Parliament of both Kingdomes give full assurance and do make publick faith in name of both Kingdomes respectively for the true and faithfull observance of this Treaty and whole Articles thereof inviolably hinc inde in all times to come Like as his Majesty with advice of the estates of Parliament commands the clerke of Parliament to insert and registate the same in the bookes of Parliament and to give the extract of this Act under his hand to the director of the chancellary Whom they command to write the same to the great Seale and the keeper of the great Seale to append the great Seale thereto And declares that the same being so sealed and returned to the Parliament of England is and shal be unto them a full and perfect security By this their act given at Edinburgh the 26. of August 1641. yeares ACT. VII ACT DISCHARGING JAMES BANNATINE His patent of the pearling Ultimo Augusti 1641. OUr Soveraign Lord and Estates of Parliament having read and considered the reasons grievances and prejudices given in and complained upon in this present Parliament against the gift and patent granted to James Bannatine in leith anent the pearling and finding the famine gift and patent hurtfull and prejudicial to the country and lieges Have therefore rescinded retreited cassed annulled and discharged and by the tenour hereof rescinds retreits casses annuls and discharges simpliciter the foresaid gift patent granted to the said James Bannatine anent pearling And declares the famine gift and patent to be extinct null and ineffectuall in all time comming And also our said Soveraigne Lord with advice and consent of the estates of Parliament prohibits and discharges all importation and inbringing of forraigne pearling within this kingdome in any time comming under the paine of confiscation thereof to his Majesties use And siclike our said Soveraigne Lord with advice foresaid renewes the act of Parliament made in anno one thousand six hundred twentie one yeares Intituled anent banquetting and apparell in the second head and article thereof viz. That no person of whatsoever degree shall have pearling or ribbining upon their ruffes bands serkes napkins and socks except the persons priviledged in that act And the pearling and ribbining to be so wome by them if any be to be of these made within the kingdome of Scotland under the pain of an hundered pounds toties quoties as the said act in that article thereof beares And ordains the famine act in that head and article foresaid to have ful strength force and execution and to stand as a Law conforme to the tenour thereof ACT VIII ACT DISCHARGING UNLAWFULL Marriages 1. September 1641. OUr Soveraign Lord and Estates of this present Parliament considering the great abuse and dangerous evill that hath followed and may follow upon frequent marriages of the persons Inhabitants within this kingdome going to the neighbour Kingdomes for getting themselves married there which they could not obtaine in this Kingdome by the lawes and constitutions thereof Therefore and for remedy of that evill and for preventing such in time comming prohibites and discharges all men and women having both their ordinary residence within this Kingdome to get marriage to themselves with others within the Kingdome of England or Ireland without Proclamation of Banes here in Scotland and against the order and constitutions of this Church or Kingdome under the paies following viz. for ilk Nobleman so married one thousand pounds for ilk landed Gentleman one thousand markes for ilk Burges five hundred pounds and for ilk other substantious person five hundred marks for a Yeoman one hundred pounds for ilk person of inferiour qualitie one hundred marks The one halfe of the which penalties shall belong to the King the other to the Parish or Parishes where the married parties did reside And ordains the King and Kirks Advocate to pursue before the civill Judge therefore And in case of the poore condition of any man married in manner foresaid Ordains him to be punished by stocks or irons Which paines corporal and pecunial shall no wayes be prejudiciall or derogate from the order and censures of the Kirk to be inflicted against the delinquents ACT IX ACT ANENT NON-COVENANTING Patrons 2. September 1641. OUR Soveraign Lord and Estates of Parliament considering that all his Majesties subjects within this Kingdome are by Acts of Parliament ordained to subscribe their Nationall Oath and Covenant Therefore his Majestie and Estates ratifie and approve the Act of Parliament made by his Majesties dearest Father of blessed memorie Parl. 1. c. 9. whereby it is ordained that no person be Judge Procurator Notar or Member of Court who professeth not the true Religion together with the Act of ratification thereof with the addition and declaration thereof therein contained made by his Majesties said umwhile Father Parl. 20. cap. 3. And finds and declares that the saids Acts shall be extended to all persons whatsoever who have not subscribed or refuse to subscribe the said National Oath and Covenant And such like