ACT Repealing all ACTS of PARLIAMENT OR COMMITTEE, Made for the late unlawful Engagement, and ratifying the PROTESTATION AND OPPOSITION against the same. EDINBURGH, Printed by Evan Tyler, Printer to the Kings most excellent Majesty, 1649. ACT Repealing all Acts of Parliament or Committee, made for the late unlawful Engagement, and ratifying the Protestation, and opposition against the same. At Edinburgh the sixteen day of January the year of God One thousand six hundred forty nine years. THE Estates of Parliament presently convened in this second Session of the second Triennial Parliament by virtue of an Act of the Committee of Estates, who had Power and Authority from the last Parliament for conveening of the Parliament, Taking to their most serious considerations (after so great judgements and deliverances on God's part, and after so Solemn an Acknowledgement and Covenant renewed on their part) the Acts of the last Session of Parliament, Beginning the second of March, and ending the tenth of June 1648. And of the Committee of Estates before September last, and the proceeding of the Forces raised by them in the first and second Levy, and these brought out of Ireland; and of the Committees of War in the several Shires appointed by them with the grounds, reasons, and pretences therefore whither contained in the King's concessions at the Isle of Wight, or set down in their Declarations, as in the fourth and seventh, sixteen, twenty six, twenty seven Acts of the last Parliament, and in their Declaration to the Kingdom of England, emitted by the Committee of Estates the twenty eight day of June last when their Army went into England, in establishing, carrying on, and prosecuting the late Engagement against the Kingdom of England, and raising the first and second Leavy, in pressing the same at home by unlawful Bands and cruel Plunderings; and in rejecting all Warnings, Petitions, Remonstrances from the Kirk Judicatories, and from Shires at home; and all Remonstrances and offers of Treaty made from the Parliament of England by their Commissioners, in refusing to declare the King's Concessions at the I'll of Wight unsatisfactory to them, in trampling under foot the Liberties of the Church at home, in invading of the Kingdom of England, and surprising of their Towns, and marching through their Counties, and associating with the Malignant party there; in returning after their defeat to Scotland, to renew their oppression in this Kingdom, and invasion of England; and to that end in the raising of new Forces, sending Commissions to the classed Incendiaries of this Kingdom (who by standing Acts of Parliament were debarred from all Trust, for their joining in the late Rebellion) and in many other ways, acts, and deeds cutting their design at home and abroad. And considering the several offers and desires made by the Commissioners of the Kingdom of England for continuing the Peace and Union, and the many earnest and humble Petitions from several Shires, and the most part of Provincial Synods and Presbyteries; and the just and necessary Desires, Remonstrances and Declarations of the Commissioners of the Church to the Parliament and Committee, with their unsatisfactory Answer thereunto; and the Papers passed betwixt the late General Assembly and the Committee, and the Dissent and Protestations entered in the Parliament by a great number of every Estate, and that of such as hath been most instrumental and constant in this Cause since the beginning. And withal, taking to their serious consideration the manifold solid reasons against the Engagement, expressed in the Remonstrances of the Commission of the Kirk given in to the Parliament; And of the unanimous Declaration of the late General Assembly, and the reply of their Commissioners, demonstrating from the Word of God the unlawfulness of the said Engagement, and evidencing the many Breaches of Covenant and Treaties of Peace, the many wrongs done to the Liberties of the Church, and oppressions of the people of God, and many other unlawful ingrediences in the matter, manner, nature and effect of that Engagement: And therefore denouncing God's judgement against it, And warning the people to do their duty for the Cause of God and to the Covenant against all lets and impediments. All which was seconded so speedily and immediately by Gods own hand, stirring up the hearts of his conscientious People to the resolution of opposing so great a defection from the Cause and Covenant. And by his performing the Counsel of his Messengers and confirming the words of his servants in the defeat of that Army, and their overthrow in England with their associates in England: As also in scattering of the remainder of that force returned unto Scotland, and joined with these who at home were enslaving this Kingdom, and in divesting them with their own consent by Treaty (with so little blood) of all outward force and exercise of State-power, until the determination of this Parliament. And the Estates pondering seriously the great necessity, and manifold reasons pressing the Protesters in Parliament with the assistance of the constant Covenanters throughout the Land, To make that opposition in Arms, so trysted, directed and countenanced by Gods own good hand upon them as is more expressed in the Declaration of the Committee of Estates of the seventh of October last, and Information of the Kirk, published to the view of the world upon the ninth day of October last. Therefore, and for many other reasons and considerations, convincing them in their consciences, That the foresaid proceed of the late Parliament and Committee in the appointing and prosecuting that Engagement against England, and in the oppressing of the Church in her Liberties, and of the good People throughout the Land in their persons and estates: And which is most of all, in their consciences by force and violence, causing the people to sin, after they had declared by their Petitions the same was against the light of their consciences, were unlawful before God, and against his Word, were breaches of the Solemn League and Covenant (which being an Oath to GOD so necessary is not alterable by any humane Authority) and of the Treaties betwixt the Kingdoms, and under pretence of doing for Religion, for the King, for the Kingdoms, did really tend (as doth now more appear) to the ruining of Religion, undoing of the King, and dividing of the Kingdoms; And which in few months hath more wasted the substance of this Kingdom, and especially of the well-affected, than all our former troubles; And hath led out a forced multitude to slaughter or slavery, with so great reproach and disgrace to the Nation, and occasioned a powerful Army to enter the bowels of this Kingdom in put suit of their enemies who had invaded England, to the great endangering of this Kingdom, and so laying the Land open, and making it liable to the guilt and misery of an unjust and offensive War, drawing down Gods judgements, and exposing us and our posterity to invasion from our neighbour Kingdom, if God in his providence had not remedied the same. As the Estates of Parliament have made before God a Solemn Acknowledgement of the public sins and breaches of the Covenant, and a Solemn Engagement to all the duties therein contained, Namely these which do in a more special way relate unto the dangers of these times, that God's judgement drawn upon the Nation by such a sinful 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 quarrel from abroad against this Nation for the same may be taken away; And to testify the firm resolution and earnest desire of this Kingdom to preserve inviolably the Union betwixt the Kingdoms. The Estates foresaids, do hereby find and declare the King's Concessions at the Isle of Wight, 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, annul, repeal, and declare to be void and of non-effect the Acts after mentioned, as being in themselves from the beginning unjust and unlawful, and contrary to the Word of GOD, and Solemn League and Covenant, and large Treaty betwixt the Kingdoms, The fourth Act entitled, 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 sixth Act, entitled, Act for putting of the Kingdom in a posture of War for defence, and constituting the Committees of War of the several Shires. The seventh Act, entitled, A Declaration of the Parliament of Scotland, to all his Majesty's good Subjects of this Kingdom, concerning their resolutions for Religion, King, and Kingdoms in pursuing the Ends of the Covenant. The eight Act, entitled, Desires of the Parliament of Scotland, to the Honourable Houses of the Parliament of England. The ninth Act, entitled, Act anent the Levies of horse and foot to be put out by the Shires and burgh's, and the List of the Colonels, with their numbers. The eleventh Act, entitled, Act in favours of the outreikers of Horse and Foot. The sixteenth Act, entitled, A Letter from the Parliament of Scotland, to the several Presbyteries within the Kingdom. The eighteenth Act, entitled, Act anent the Oath to be taken by the Committees of War in the several Shires. The nineteenth Act, entitled, Act and Ordinance concerning the Garrisons within the Kingdom, for provision of the Forces thereof, and adding of two month's Maintenance to the former five: The twenty Act, entitled, Act for raising of Troops. The twenty third Act, entitled, 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, entitled, 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 lawfulness of this Parliament, and obedience to the Acts thereof. The twenty sixth Act, entitled, Act and Declaration of Parliament, and Answers to the supplications from Synods and Presbyteries. The twenty seventh Act, entitled, 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 unlawful Engagement. And this general clause, is declared to be also sufficient for repealing and annulling of them, as if the tenor 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 Carlisle, against which divers Members of Parliament entered 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 several Shires presented Petitions, or writ Letters for encouraging the Parliament to go on in the Engagement: The Act anent the College of Justice, and their Colonel. 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 unlawful Engagement. And this general clause is declared to be als 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 subjoined 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 general clause is declared to be also sufficient for repealing and annulling of them as if the tenor thereof were herein insert, wherewith the said's Estates dispense. And in like manner, do annul, 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 ways 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 General Assembly: Secondly, the putting of an unsound gloss in the close of the Declaration of the Parliament upon the Covenant, and Acts of the General 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 unlawful Engagement against England: Fourthly, their gross misrepresenting of the proceeding of the Commission of the General Assembly by the Parliaments Letter of May the eleventh, to the several Presbyteries, and endeavouring to incense them against the Commission of the General 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 advice 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 General Assembly and their Commissioners of the liberty of Printing, by putting an inhibition to the contrary upon Printers, under the pain of death, against several Acts of Parliament, Declaring and confirming the Kirks Liberty and Privilege 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, privileges 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 burgh's Royal, 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 General 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 persuaded that the Protestations of the Members made in Parliament, and their Opposition since by defensive Arms for the safety of the Covenant, Cause, and themselves, from ruin against so great a defection, carried on with so great oppression; and their proceed 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 sixth of October to the Kingdom of England for debarring of the Authors and Abettors of that Engagement from places of public Trust or Power without their consent, which was demanded by their forces as the least satisfaction and security before their removal and their proceed by public 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 until 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 Faithful Members of each Estate, whereof the tenor 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 advice 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 practice 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 allows the rising of such Shires and others who joined in Arms for opposing of the said engagement, and rescuing the Kingdom from the oppression of the forces under the command of the Earl of Crawford, Earl of Lanerk, and George Monro, and their proceed in pursuance thereof, and also ratifies the late Treaty at Stirling and Edinburgh, upon the twenty sixth and twenty seventh of September last; and siclike allows the Treaty and Engagement to the Kingdom of England by their answers of the sixth of October last, for debarring of the ingagers from public trust in this Kingdom 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 public places or trust until the determination of this Parliament. Likewise the Declaration of the Committee of Estates concerning their proceed in opposition to the late unlawful 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 public acknowledgement, and renewing of the Covenant, and the Act of the Committee of the fourteen of October last: All which the Estates of Parliament as is aforesaid do allow, confirm, and ratify in all the Heads, Clauses, and Articles thereof. And this general clause is declared to be als sufficient for ratifiing and confirming the said's Acts and Clauses thereof, as if the Tenors of the same were here particularly insert; Wherewith the Estates foresaids do hereby dispense. Follows the list of the Acts of the Committee of Estates for advancing the Engagement. Act for displacing of such of the Committee of War as would not take the Oath. Act for sending the forty thousand pounds to Ireland. Warrant to quarter upon the deficients in the unlawful Engagement. Letters to several Shires for advancing the Levy. Letters, Commissions, Desires, and Answers for bringing the forces out of Ireland. Warand for imprisoning the Magistrates and Counsel of Glasgow, for their deficiency in the Levy. The Oath to be taken by the Committee for maintaining the proceed of Parliament. Approbation of the Earl of calendar and General Major Middleton for their base, cruel and unnatural proceed, against the honest and conscientious people that met at Machline Moor for their own defence, whilk was not done without the baseness 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 Engagement, as enemies to Religion, King, and Kingdoms. Warrant to Duke Hamilton to Garrison the houses of the best affected in the West. Warrant to the marquis of Argyle to deliver Lamond. Commission to the Earl of Crawford to command the forces that come out of Ireland. Act for drawing Dittayes against the Ministers, and for continuation of their process until a new citation. Commission to Sir Robert Dowglas of Blakerstone (a prime classed malignant, for having hand in the rebellion of James Grahame) to uplift the fines of the honest men in the West, for being at Mauchlin Moor. Commission to young Maclene who had been in the Rebellion to be a Colonel. Declaration anent the Lord Inchiquin and his army. Warrant to Duke Hamilton to invade England. The Declaration of the Committee of Estates anent the necessity of invading of England. Act for repaying moneys advanced for the Engagement. Letters to Lambert to join with Duke Hammiltons' army. Warrant to Mr. George Halyburton to borrow money in England upon public faith unlimited. Letters to the King and Parliament of England showing their intentions in the Engagement, lent with Mr. George Halyburton. Act taking of Sir John drummond's restraint. Commission to Lauderdale to secure Berwick. Several answers of the Committee of Estates, and messages to the General Assembly most unsatisfactory. Protection of Patrick Leslie from the censure of the General Assembly. Imprisonment of Greenhead and Colonel Scot Approbation of the Lord Cochrane, and Laird of Garthlands proceed in Ireland. Act allowing of twenty thousand pounds to Lord Cochrane, and Laird of Garthland. Act for the new Levy of one thousand five hundred horse, under pretext of ane Guard to the Prince. Commission to Macintosch for ane Garrison to the house of Innerlochie. Warrant to levy Troops for advancing the Engagement. Commission to Duke Hamilton to be Governor of Berwick, and the Earl of Calendar of Carlisle. Precept to General Major Robert Monroe for ane thousand pound sterling. Warrant to the Commissioners to deliver victual to Seaforth, Machlene, and Macdonald, who were in the former rebellion for entertaining of their force. Warrant to discharge the Garrisons of Dowart Moy, and others; whereof the marquis of Argyle had the keeping. Commission to Macconnel to depute another in his place, himself & all his friends being in the Rebellion. Macconnel discharged of his former Rebellion, and employed without finding caution. Act pardoning Macleane, notwithstanding of the Acts of the third and eight of February 1648. whereby he is declared to have forfeited their pardon. Charge to the Marquis of Argyle to deliver Lamond under the pain of Rebellion, and his escheat to fall. Warrant for removing all out of the Abbey. Act approving the cashiering of Sir Dugald campbel of Auchinbreck, and William campbel from their places in Argyles Regiment, and placing others therein, for their not concurrence in the Engagement. Act discharging the Presbytery of Linlithgow from the exercise of their calling, in admitting a Minister, and ordaining the Kirk doors to be locked. Letters relating to the Engagement. Letter for raising of the Athol men, who had been in the Rebellion. William Gordon of Monymore, an active and bloody Instrument in the Rebellion, set at liberty freely. Warrant for publishing the Committees Observations. Prince's Declaration and Information of public proceed. Earl of Airlie discharged of seventeen month's Maintenance. The Petition from the Committee of Stirling Shire, anent their Ministers committed. New Commissions and Warrants, Earl of Seaforth, Makgleud, Sir James Macdonell, contrary to standing Acts of Parliament. Commission to the Earl of Lanerk to be General. Several Letters expressing they would not live, and out live that Engagement. Lauderdails instructions, to bring Foreign Forces out of France, Holland, or elsewhere. Letters to the Cardinal of France. Blank Commission to Lauderdail. Warrant to engage the Public faith of the Kingdom for money abroad, and for Arms and Ammunition. A strict union with Holland, for assisting the prosecution of the Engagement. Promise to restore the Queen. Landerdails instruction to the Prince. Letters to the Queen, inviting her to return and to interpose. Letters to the Prince of Orange and States of Holland, requiring Foreign assistance. Commission to the Earl of Seaforth, Sir John Mackenzie, and all other Commissions for levying Forces. Act made at Stirling and other places, for bringing out all betwixt sixty and sixteen for their assistance. Act for giving to Sir Harry Gib two thousand pound Stirling. Commission for Innercauld his Regiment and watch. Act for assignments upon several Shires, for Maintenance and Excise, and specially Air and Galloway, and all others in that kind. Disposition of the forfaultry of Midkeltoun. Warrants to admit to the Committees of War these that were in the first and second Classes. Act for repaying money that was disbursed for the Engagement. Assignation of the Excise to Captain Maine and Master Mauld. All others Acts done by these Members of the Committtee, who had taken the Oath before or after the first of September at Stirling, or any where else, in prosecuting of the said Engagement, and opposition to the Covenanted Forces, risen in defensive Arms. And Ordains the same presently to be published at the Mercat Cross of Edinburgh, and thereafter to be printed. William Scot, Cler. Parl. FINIS.