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B05226 Act repealing all acts of Parliament or Committee made for the late unlawfull engagement, and ratifying the protestation and opposition against the same. Scotland. Convention of Estates. 1649 (1649) Wing S1157A; ESTC R183954 8,826 22

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made before God a Solemn Acknowledgement of the publick sins and breaches of the Covenant and a Solemn Ingagement to all the duties therein contained Namely these which do in a more special way relate unto the dangers of these times that Gods judgement drawn upon the Nation by such a sinfull course by a prevalent party of the representative body may be removed and the like in time coming prevented So also that all pretence of Law at home for prosecuting of these courses And that all pretence of quarrell from abroad against this Nation for the same may be taken away And to testifie the firm resolution and earnest desire of this Kingdom to preserve inviolably the Union betwixt the Kingdoms The Estates foresaids do hereby finde and declare the Kings Concessions at the Isle of VVight and late Declarations emitted by the Parliament and Committee to be unsatisfactory to them and destructive to the Cause and Covenant And doth disclaim condemn annull repeal and declare to be void and of non-effect the Acts after mentioned as being in themselves from the beginning unjust and unlawfull and contrary to the Word of GOD and Solemn League and Covenant and large Treaty betwixt the Kingdoms The fourth Act intituled Act anent the resolutions of Parliament concerning the breaches of the Covenant and Treaties betwixt the Kingdoms of Scotland and England and demands for reparation thereof The sixt Act intituled Act for putting of the Kingdom in a posture of VVar for defence and constituting the Committees of VVar of the severall Shires The seventh Act intituled A Declaration of the Parliament of Scotland to all his Majesties good Subjects of this Kingdom concerning their resolutions for Religion King and Kingdoms in pursuing the Ends of the Covenant The eight Act intituled Desires of the Parliament of Scotland to the Honourable Houses of the Parliament of England The ninth Act intituled Act anent the Levies of horse and foot to be put out by the Shires and Burghs and the List of the Colonels with their numbers The eleventh Act intituled Act in favours of the out-reikers of Horse and Foot The sixteenth Act intituled A Letter from the Parliament of Scotland to the severall Presbyteries within the Kingdom The eighteenth Act intituled Act anent the Oath to be taken by the Committees of VVar in the severall Shires The nineteenth Act intituled Act and Ordinance concerning the Garrisons within the Kingdom for provision of the Forces thereof and adding of two moneths Maintenance to the former five The twenty Act intituled Act for raising of Troops The twenty third Act intituled Act Ordaining all Ministers to exhort their people to obedience to the Laws of the Kingdom and assuring these Ministers of their stipends during their lifetimes The twenty fourth Act intituled Act Ordaining the whole Members of Parliament Noblemen Barons Burgesses and all other Subjects and inhabitants of the Kingdom to subscribe this Act for defence of the lawfulnesse of this Parliament and obedience to the Acts thereof The twenty sixt Act intituled Act and Declaration of Parliament and Answers to the supplications from Synods and Presbyteries The twenty seventh Act intituled Act and Declaration of Parliament in Answer to the Petitions presented to them from some Committees of War of Shires And all other Acts or parts or clauses of any other Act of the last Parliament published and grounds and pretences thereof in so far as they import the approbation pursuance or furtherance of the said late unlawfull Engagement And this generall clause is declared to be also sufficient for repealing and annulling of them as if the tenour thereof were herein insert wherewith the Estates dispense Siclike the Estates annuls rescinds and repeals among the imprinted Acts the Commission granted to the close Committee concerning Berwick and Carlile against which divers Members of Parliament entred their dissent and Protestation the Commissions granted to Duke Hamilton and other Officers of the Army The Ordinance in favours of these that protested in Fyfe and Hadingtoun The Ordinance for giving thanks to these who in the severall Shires presented Petitions or writ Letters for encouraging the Parliament to go on in the Engagement The Act anent the Colledge of Justice and their Colonell The Act anent the Lord Cochrane Laird Garthland and Alexander Crawfurd their going to Ireland The Act ratifying the Acts of Committee made in the recess of Parliament and all other unprinted Acts or clauses of unprinted Acts grounds and pretences thereof in so far as they import the approbation pursuance or furtherance of the said late unlawfull Engagement And this generall clause is declared to be al 's sufficient for repealing and annulling them as if the tenours thereof were herein insert In like manner the Estates of Parliament condemns annuls and rescinds all the Acts of the Committee of Estates contained in the table subjoyned to this Act And all other Acts or parts or clauses of any other Acts of the said Committee of Estates grounds and pretences thereof in so far as they import the approbation pursuance or furtherance of the said late unlawful Engagement and this generall clause is declared to be also sufficient for repealing and annulling of them as if the tenour thereof were herein insert wherewith the saids Estates dispense And in like manner do annull condemn and repeal all Acts made and deeds done by the former Parliament and Committee of Estates contrary to the Liberties of the Kirk or any wayes encroaching upon the same in particular these which follow First their emitting of Declarations containing things highly concerning Religion not only without advice and consent of the GENERAL ASSEMBLY and their Commissioners but contrary to their express Desires Supplications Remonstrances and Declarations declaring the same to be dangerous and destructive thereto especially the restoring of the King to honour freedom and safety without sufficient security first had from him for securing of Religion as is more fully expressed in the Desires and Representation of the Commissioners of the Generall Assembly Secondly the putting of an unsound gloss in the close of the Declaration of the Parliament upon the Covenant and Acts of the Generall Assembly in these things that concern our duties to the King as is clearly holden forth in the Representation of the Commission of the Assembly Thirdly The making provision for securing of the stipends of such Ministers as shall be censured for their concurring in or preaching for the unlawfull Engagement against England Fourthly their gross misrepresenting of the proceeding of the Commission of the Generall Assembly by the Parliaments Letter of May the eleventh to the severall Presbyteries and endeavouring to incense them against the Commission of the Generall Assembly and to pre-possess with prejudices the Commissioners to the following Assembly Fifthly the taking upon them in the Act and Declaration of the Parliament commonly called the Band to judge and determine such things without advise of the Kirk wherein the Assemblies of the Kirk have a
special interest of an antecedent judgement as who are enemies to Religion and who not and what are the most fit and necessary remedies for preserving of the same Sixthly their depriving of the Generall Assembly and their Commissioners of the liberty of Printing by putting an inhibition to the contrary upon Printers under the pain of death against severall Acts of Parliament Declaring and confirming the Kirks Libertie and Priviledge of Printing And siclike disclaims and condemns their impious usurpation in calling in the printed Copies of the Causes of a solemn universal Fast and Humiliation indicted by the Commissioners of the Assembly and inhibiting of the Printer to give any out of his hands thereby intending to interrupt the observing of the Fast by the want of information of the Reasons and Causes thereof And also annuls and repeals disclaims and condemns all and sundry other Acts made and deeds done by the said Parliament or Committee of Estates or by their Authority that may infer any prejudice to Religion or the power priviledges and Liberties of the Kirk which we are bound by so many strong Bands and Solemn obligations to maintain And siclike annuls and rescinds all Acts of Committees of Shires or Burghs Royall or of Regality Barony Courts or other Judicatories whatsoever made in pursuance of that Engagement And Ordains all the subscribed Copies of the Band condemned by the Generall Assembly to be brought in to the parliament or Committee of Estates to be disposed of as they shall think fittest And all other Acts grounds and pretences thereof in so far as they import the furtherance or pursuance of the said late unlawful Engagement Likeas the Estates of Parliament upon the manifold abovementioned grounds more fully related in the Declaration of the Committee of Estates and Information of the Kirk being perswaded that the Protestations of the Members made in Parliament and their Opposition since by defensive Armes for the safety of the Covenant Cause and themselves from ruine against so great a defection carried on with so great oppression and their proceedings in the Treaty at Stirling divesting the ingagers with their own consent of power and force which they had in their hands and their assurance given by the Act of the sixt of October to the Kingdom of England for debarring of the Authors and Abettors of that Engagement from places of publick Trust or Power without their consent which was demanded by their forces as the least satisfaction and security before their removal and their proceedings by publick Acts in the pursuance of these two Treaties to seclude those who had concurred in the Engagement from power in Judicatories Armies or places of Trust untill the determination of a Parliament were lawful in themselves and necessary for them according to the condition of affairs Therefore the Estates of Parliament did allow approve of and confirm the Dissent and Protestation made in Parliament by many Faithfull Members of each Estate whereof the tenour follows Whereas the draught of a Declaration hath been read concerning the breaches of the Covenant in matters of Religion and the Demands to be made for remedy and reparation thereof the dangers to Religion and the duties whereunto we are obliged by Covenant for Reformation and Uniformity in Religion and the security to be had for the establishing the same upon which grounds also a War is principally founded And whereas we have earnestly desired and insisted that there may be no proceeding to any determination concerning the said Declaration before the Commission of the General Assembly be first consulted therein We do hereby enter our Dissent from proceeding to the determination of matters so highly concerning Religion without the advise and concurrence of the Kirk as a preparative of most dangerous consequence to Religion and destructive to the Liberties of the Church as contrary to the Nationall and Solemn League and Covenant and to the known Laws and constant practise of this Kingdom And we do Protest that we may not be included in any such Vote or Resolution but may be free of all the guiltiness confusions distractions and evils whatsoever that may follow thereupon to Religion the King this Kirk and Kingdom and the union betwixt the Kingdoms And siclike allowes the rising of such Shires and others who joyned in Armes for opposing of the said engagement and rescuing the Kingdome from the oppression of the forces under the command of the Earle of Crawford Earle of Lanerk and George Monro and their proceedings in pursuance thereof and also ratifies the late Treaty at Stirling and Edinburgh upon the twenty sixt and twenty seventh of September last and siclike allowes the Treaty and Engagement to the Kingdome of England by their answers of the sixt of October last for debarring of the ingagers from publick trust in this Kingdome without their consent Siclike the two Acts of Committee of the twenty second of September and fourth of October and the Act of the ninth of November all made for debarring of these who concurred in the late Engagement from the exercise of publike places or trust untill the determination of this Parliament Likewise the Declaration of the Committee of Estates concerning their proceedings in opposition to the late unlawfull Engagement against England of the date the seventh of October last published to the world and the Act of the said Committee for making of the publike acknowledgement and renewing of the Covenant and the Act of the Committee of the fourteen of October last All which the Estates of Parliment as is aforesaid doe allow confirm and ratifie in all the Heads Clauses and Articles thereof And this generall clause is declared to be al 's sufficient for ratifiing and confirming the saids Acts and Clauses thereof as if the Tenors of the same were here particularly insert Wherewith the Estates foresaids doe hereby dispense Followes the list of the Acts of the Committee of Estates for advancing the Ingagement Act for displacing of such of the Committee of Warre as would not take the Oath Act for sending the forty thousand pounds to Ireland Warrand to quarter upon the deficients in the unlawfull Ingagement Letters to severall Shires for advancing the Levie Letters Commissions Desires and Answers for bringing the forces out of Ireland Warand for imprisoning the Magistrates and Counsell of Glasgow for their deficiencie in the Levie The Oath to be taken by the Committee for maintaining the proceedings of Parliament Approbation of the Earle of Callendar and Generall Major Middleton for their base cruell and unnaturall proceedings against the honest and conscientious people that met at Machline Moore for their own defence whilk was not done without the basenesse and treachery of some Protection to the Captain of Clanrainold and Maclene excommunicate bloody Rebels Act for stopping of printing notwithstanding the Kirks liberty Letter to the army in Ireland to proceed against these that refused to obey their Orders for the Ingagement as enemies to Religion King and