WILL ? SMITR| BjOWEB :/ : < s,c«i*ui 9 **S > > j^fcV*^^* COLLECTION O F T H E LAWS In favours of the l Reformation in Scotland, In Three PARTS. Part I. Containing the principal Acts and Statutes made by the Parliaments of Scotland, in favours of the true Religion, be- twixt our Reformation from Popery (1560.) and the Year 1640. With An Abridgment of the other Laws rcfpecling Religion, made during that Period. Part II. Containing an exacl Collection of the Laws made in fa- vours of the Church and Religion in Scotland, betwixt the Years 1640 and .1650. to which are fub joined Three Acts of the Parliament 1661. refcinding the fame. Part III. Containing the principal Ads and Statutes made by the Parliaments of Scotland, in favours of the true Proteftant Reli- gion and Presbyterial Church-Government, from the Revolu- tion (1690.) to the incorporating Union with England (1707.) With An Abridgment of the other Laws rcfpecling Religion, from the Reftoration (1660.) to the prefent Time. To all which is fubjoinei i> 1 1 b&th, and by the A COLLECTION Of the principal ACTS and S TATUTES Made by the PARLIAMENTS O F SCOTLAND In favoifrs of the TRUE RELIGION, BETWIXT The Time of our Reformation from Topery (1560.) and the Year 1640. WITH An Abridgment of the other Laws refpetf ing Religion, made during that Period. EDINBURGH, Printed by W. Cheyne, (by Allowance of his Majerty's Printer) for Andrew Stevenson Writer, and fold by him, at his Houfe, South-Side of the Tolbooth, and by the iiool^ fellers in Town and Country. MDCCXL1X. C v ] THE PUBLISHER T O T H E READER. DURING the Period now before us there were Twenty feven Parliaments; three whereof wera holden by Q. Mary, Twenty three of them by K. Ja. VI. and his Regents and Commiifioiu and the only Parliament of K. Charles I. (not rekindtd) was holden by himfeli in Perfon. For preventing fuch of you as have not Acccfs to be bet- tcr informed, from being furprifed at the flow Progrefs, fre- quent Interruption, and at length overturning of the Scrtle- ment of Religion in this Period, it is informed, That ahho\ according to the Claim of Right, this Nation was refori from Popery by Presbyters j and tho' the great Mr. i and our other Reformers, did as much as could be expected of Men in their Circumftances; particularly, though the ( fcflion of Faith was ratified in Parliament, and the firfl } of Difcipline, which contains the Eflcntials of Presbytery, was agreed on by the Miniflcrs, and fubferibed by a | Part of the Privy-jCouncil, both in the 15-60. moreover, tho* the fecond Book of Difcipline, u herein tl c Form of Pre terial Government and Difcipline is more diltinclly laid d was approven and regiftrate by the < anu* 1 58 1. and appointed to be (ubfcribed by all the Minifrc: this Church anno 15*90. and, in like Manner, tl tional Covenant was fubferibed by the King in the Year 1^80. and by Perlboi of all ; >8i. and again by all Ranks of Pcrfons in the Year ijyo. the L V1 J though frequent Applications were made by the General-Af- fembly, to the Parliament, for * formal and explicit Ratifica- tion of Prtsbyterial Church-Government and Difcipline; Yet, as the King himfelf, and a confidcrable Part ofthe No- bility, were at Bottom difaffecled to the Striftnefs (or, as it was reckoned, the Rigour) of Presbyterial Difcipline, no more was obtained for the Church, than a general Ratifi- cation of her Freedom, Liberty, and Juriidiclion, until the Year 1592. and a format Settlement of Presbytery was fcarce fooner obtained, than Efforts were making to under- mine, fubvert,.and overthrow the feme : For King James, having fucceeded to the Crown of England anno 1600. and finding it a fit Method of ingratiating himfelf to the Englijh t he never refted until he got Presbytery overthrown, and Prelacy eftablilhed in its Place, in Scotland ; and in thefe Steps did his Son King Charles, who fucceeded to him anno 1625. tread with Succefs, until the memorable Year 1638. Altho' the Order obferved by fuch as havereprinted*Partof the following Acts, hath prevailed with us, after their Exam- ple, to prefix a Date to each Act, thofe Dates, tho' correfpon- ding with the Down fitting of the refpective Parliaments, can- not be depended on as the precife Dates of drawing up thefc Afts. It remains only to be noticed here, that the Acls faid to fee given at Length, in the following Collection, are full, ge- nuine, and true, having been taken from and compared with the well known printed Acts whereof they bear the Titles ; and that the Abridgments, therewith infert, do agree with the Abridgments made by Glendock and Sir James Stewart. A COL- [ 7 } A COLLECTION Of the principal ACTS and STATUTES Made by the PARLIAMENTS of SCOTLAND In favours of the TRUE RELIGION, BETWIXT The Time of our Reformation from Popery (1560.) and the Year 1640. JAMES VI. Pari. I. Cap. 2. I. Anent the olol'tjhing of the Pape and his ufurped Authority. At Edinburgh, December ij. 15-67. ITEM, Our Soveraine Lord, with Advife of his deareft Re- gent, and three Eftaitcs of this prcfent Parliament, ra and apprevis the Aft underwritten maid in the Parliament I din at Edinburgh the 24th Day of Augujl, the Zeir of God One thoufand five hundred and fixty Zeircs. And of new, in this prefent Parliament, ftatutis and ordainis the faid Acl I ane perpetual Law, to all our Soveraine L01 M in all Times cumming. Of the quhilk the Tenoar toll 8 Topes Authority 'aholrjhed. The three Eftaites underftanding that the Jurifdiction and Au- thorise of the Bifchop of Rome, called The Pape y ufed within this Realme in Times bypaft, hes not onely bene contumeli- ous to the eternal God, but alfo very hurtfull and prejudici- all to our Soveraine's Authorise and commoun Weill of this Realme: THEIRFOIR it is ftatute and ordained, that the Bifchop of Rome, called The Pape, have na Jurifdiclioun nor Authoritie within this Realme, in ony Time cumming. And that nane of our faid Soveraine's Subjects, in ony Times heir- after, fute or defire Title nor Richt of the faid Bifchop of Rome, or his Seel, to ony Thing within this Realme, under the Paines of Barratrie, that is to fay, Profcription, Banifli- ment, and never to bruike Honour, Office, nor Dignitie with- in this Realme. And the Contraveners heirof to be called before the Juftice, or his Deputes, or before the Lords of the SefTion, and'punifched theirfoir conform to the Laws of this Realme. And the Furnifchers of them, with Finance of Money, and Purchafers of their Title of Right, or Maintain- ed or Defenders of them, fall incurr the famen Paines. And that na Bifchop. nor uther Prelat of this Realme, nfe ony Jurifdiflion in Time cumming, be the faid Bifchop of Rome's Authoritie, under the Paine foirfaid. And therefore of newe decernis and ordainis the Contraveners of the famin, in ony Time heirafter, to be purjmed according to the Paines in the forefaid Act above rehearfed. JAMES VI. Pari. i. Cap. 3. II. Anent the annulling of the Aclcs of Parliament made again/1 ' Cod his Word) and Maintenance of Idolatry in ony Times bypaft* At Edinburgh, December 15. 15*67. ITEM, Our Soveraine Lord, with Advife of his dearefl Regent, and three Eftaites of this prefent Parliament, ratifyis and appricvis the Acl underwritten, made in the Par- liament haldin at Edinburgh, the Twenty fourth Day of ■ Auguf}, the Zeir of God Anc thoufand five huudreth thrce- fcore Zeires. And of new, in this prefent Parliament, fta- tutis and ordainis the faid Aft to be as a perpetual Law to all our Soveraine Lordis Liegis in all Times cumming. Of the Heads of the ^Confejfion of Faith. 9 the quhilk the Tenour followis. The quhilk Day, For- fameikleas there hes beene diverfe and findrie A<5b of Par- liament, made in King James I, II, III, IV, and V,'s Times, Kinges of Scotland for the Time, and als in our Soveraine Ladies Tyme, not agreing with God's haly Word, and be them diverfe Perfones tuke Occafion to mainraine Ido- latrie and Superftition within the Kirk of God, and re- preding of fik Perfones as were ProfefTours of the faid Word, quhairthrow divers Innocents did fuffer. And fox efchcwing of fik Inconvenientes in Time dimming, the three Eftaites of Parliament hes annulled and declared all iik Ac*ls made in Times bypaft, not agreing with God his Word, and now contrary to the Confeffion of Faith, ac- cording to the faid Word, publifhed in this Parliament, r j> be of nane Availe, Force, nor EfTccl:. And deccrnis the faid Acls, and every ane of them, to have na Effect nor Strength in Time to cum, bot the famin to be abolilhed and extinguifhed for ever, in fa far as any of the foirfaidis Acts are repugnant and contrary to the Confcflion of Faith, and Word of God foirfaid, ratify ed and approved be the Eftaites in this prcfent Parliament. And theref/ir deccrnis and ordainis the Contraveners of the famin Act, in ony Time hereafter, to be punifched according to the Laws. Of the quhilk Confeffion of the Faith the Tenour follow! B MES ' Here followed the Confcflion of Faith, with Scripture Citations, whereof the following is the Title, Pleads, and Ratihcat Faith, and Doctrine of the Protefhnts of Scotland, author] 1 or Parliament as a Doftrine founded on the mftllihlr NX ! i How : 1 . Qf Q 3. Of original Sin. 4. Of the Revelation of the I 1 ice, Increafe, and I'lcfcrvati-jn of the Kirk. 6. Of the Im Chritt Jcfus. 7. Why it behoved the M Man. 8. r.lcction. y. Chrift'l Death, I Faith in the good Works. 1 4. What Works are repute! Perfection of the Law, and h Jmn ccrncd bom the faUe, thority of the S rity, and c 10 The Meffe abolifietl JAMES VI. Pari. i. Cap. j. III. Anenl the Meffe abolifad, and puni/hing of all that hearts or fiijis the famin. At Edinburgh, December 15. 1567. ITEM, Our Soveraine Lord, with Adviie of his dearefl Regent, and the three Eftaits of this prefent Parliament, ratifyis and appreives the Act underwritten, maid in the Parliament halden at Edinburgh, the 23d Day of Augujl the Zeir 1560 Zeires. And of new, in this prefent Parliament, ftatutis and ordainis the faid Act to be as an pevpetuall Law, to all our Soveraine Lords Lieges in all Times to cum. Of the quhilk the Tenour followes. The quhilk Day, For- fameikleas Almichty God, be his maift new and blclTed "Word, hes declared the Reverence and Honour quhilk fuld be given unto him ; and, be his Sonne Jefus Chrift, hes de- clared the trew Ufe of the Sacraments, willing the fame to be ufed according to his Will and Word. Be quhilk it is notour, and perfitelie knawen, that the Sacramentes of Baptifme, and of the Body and Blood of Jefus Chrift, hes bene in all Times bvpaft corrupted be the Papiftical Kirk, and be their ufurped Minifters. And prefentlie, notwith- ftanding the Reformation alreadie made, according to God's "Word : Zit there is fum of the faid Papift Kirk, that ftub- burnely perfeveris in their wicked Idolatrie, fayand Meffe, and baptizand conforme to the Papift Kirk, prophanand therethrow the Sacraments foirfaids in quiet and fecrete Places, therethrow nouther regardand God nor his Word. Therefoire it is ftatute and ordained, in this prefent Par- liament, That na Maner of Perfoun or Perfounis, in onie Time cumming, administrate ony c^t the Sacraments foir- faids fecretl), or ony uther Maner of Way, but they that arc admitted, and havand Power to that Effect. And that Da Maner of Perfoun nor Perfounis fay MeJfe, nor zit hear IMeffe, nor be prefent theirat s under the Paine of Confifca- tioun of all their Gudis movabill and unmovabill, and pu- plftiirig of their Bodyes at the DHlretioun of the Magiftrat with "hi quhais J-urifdictioun fik Perfounis happinnis to be apprehended, for the firiT Fault ; Banilhfrtent of the Realme for the fecond Fault ; and juilifying to the Death for the thrid j. uc K^tji unuivjii-vjuiu. II thrid Fault. And ordainis all SchirefFes, Stewards, Bail- lies, and their Deputes, Provcftes, and Bafflies of Burrowes, and uthers Judge: quhatfumever, within thic Rcalme, to take diligent Sute and Inquifitioun, Within their Bounds, quhair ony fick ufurped Miniflerie is ufi ^ n C> or they that beis prefent at the doing thereof ratif\ and and ap- proovand the famin, take and apprehend them, to the Ef- fect that the Paines above written may be execute upon them. And therefore of new decernis and ordaines the Gontr neris of the famin, in ony Tyme heirafrer, to be puniihed according to the Paines of the aforefaid Acle above rchearied. JAMES VI. Pari. i. Cap. 3. IV. Anent the King is Aith t At Edinburgh, December If* if 67* ITEM, Bccaufe that the tew, and fup- prefling of Idolatrie, craves that I People be of ane perfite K quhilk of God's Mer- est is now perfectly pro felted within this Rcalme : T: fore it is ftatute and ordained be our Soveraine Lcrd, my Lord Regent, and the three Eltaires of this prefent Pa ment, That all Kinges and Pr:r, -arcs wha ever, balding their Place, quhilkis hereafter in ony Time fall happen to reign? and bcare Rule over this Rcalme, at the Time of their Cbronatioun, and Reed ly Authoritie, make their faithfull Promife be Aith. in i fence of the Etcrnall God, 1 oi^e of their Lives, they fall ferve the fi the uttermoft of their Power, according as he in his maid haly W New .And, ;de, fall mainteine the trcw 1 fus, the preaching of his halic Word, *• Miniftration of the Sacraments within this Rcalme j a Rcligioun com imin ; an committed to theii Command of God revetted in ' cording to th< 12 The Coronation-Oath, 8cc. this Real me, nawife repugnant to the faid Word of the Eternall God. And fall procure, to the uttermaifl of their Power, to the Kirk of God, and haill Chriftian Peopill, trew and perflte Peace in all Time cumming. The Richtis and Rentis, with all juft Priviledges of the Crowne of Scotland, to preferve and keip inviolated, nouther fall they transfer nor alienate the famin. They fall forbid and re- prefle, in all Eitaites and Degries, Reife, Oppreflion, and all Kind of Wrang. In all Judgementes they fall com- mand and procure that Juftice and Equitie be keiped to all Creatures, without Exception, as the Lord and Father of all Mercyis be mercifull to them. And, out of their Landes and Empire, they fall be carefull to rute out all He- retikes, and Enimics to the trew Worihip of God, that fall be convict be the trew Kirk of God of the foirfaidis Crymes. And that they fall faith fullie affirme the Things abovewrit- ten be their folemne Aith. JAMES VI. Pari. i. Cap. p. V. Na Per/on may be Julge, Procurator, Notar, nor Member of Court, quia profejjis not the Religion. At Edinburgh, December 15. T567. ITEM, The Kingis Grace, with Advife of my Lord Re- gent, and the three Eilaites of this prefent Parliament, flatutes andordainis, That na Maner ofPerfbn or Perfons be received in onv Times heirafter, to bear publike Office re- movabili of Judgement, within this Rcalme, bot fik as pro- feffis the Puritie of Religion and Doclrine now prefentlic eftabiiflied. And that nane be permitted to procure, nor admitted Notar, or created a Member of Court in ony Time cumming without he in like wife profefle the Evangel and Religion foirfaid. Providing always, that this Aft be on na wife extended to ony Maner of Perfon or Perfones havand their Offices heritablie or in Liferent, but "that they tnay ufe the famin conforme to their In felt men ts and Difpo- fitions granted to them thereof. JAMES Liberty of the true Kirk ratified, 8cc. 13 JAMES VI. Pari. 2. Cap. 35:. VI. Ratification of the Freedoms and Liber tie of the trew Kirk cf Cod. At Strivling, Augufi 28. 15-71- ITEM, Our Soveraine Lord, with Advife and Content cf his (kid Regent, the three Eftaites, and haill Bodi this prefent Parliament, hes ratified, and be this prefcnt Aftc ratifies and appreves all and quhatfumcver Acles and S tutes, made ot bef'oir, be our Soveraine Lord, or his Pre ceflbures, anent the Frcedome and Libertie of the trew Kirk of God, and Religion now publicklie profiled u i in this Realme. JAMES VI. Pari. 3. Cap. 47. VII. Adv erf cries cf the treiv Religion ar not Suljefls to the King. Of Apofiates. At Edinburgh, January 16. 157 2. ITEM, Forfameikleas there hes bene great Rebellion and Diibbedience againfi our Soveraine Lordis Authorise in Time bypaft, and feeing the Caufe of Godis true Religi and his Hicneffe Authoritie foirfaid, ar fa joyned, as the Hurt of the ane is common to baith : It is thcirfoir de- red, ftatute, and ordained be our Soveraii vile and Confent of his Rcgentis Grace, with the true; ftaites, and haill Bodie of this prefent Parliament, That 1 fall be repute as loyall and fVithfull Subjects to our Soveraine Lord, or his Authoritie, bot be puniihabi' be I lares, and CJa'ncftanderes of the fimin, quhilk give their Confeflion, and make their Pro! trew Religion *'. And that all fik as malf and zit hes maid Dcfcclion fra the:: aucht to our Soveraine Lord, fall be admonifhed be the flours and Minilters of the Kirk, to acku J'cnfe, and returnc to their dcwtiiull Ol £0 into 1 a ' tliL . 14 Juwerty of the true Kirk ratified^ &c. they failzie therein, to be excommunicate and fecluded from the Societie of the Kirk, as rebellious and corrupt Members, beiuixt and the firlf. Day of Junij nixt to cum. And that alwaies, befoir iik Perfounes as hes maid Defection be re- ceived to our Soveraine Lordis Mercie and Favour, they fall give the Confeffion of their Faith ©f new, and promife to continew in the Confeffion of the trewe Religion in Time cumming, mainteine our Soveraine Lordis Authoritie ; and that they (all, at the uttermaift of their Power, fortifie, af* fid and mainteine the trew Preachoures and Profeflburs of Chrifts Religion, againft quhatfumever Enimies and Gaine- ftaoderes of the famin : And namelie, againft all fik, of quhatfumever Nation, Eftaite, or Degree they be of, that lies joyned and bund themfelvcs, or hes affifted, or affifts to fet forward and execute the crucli Decreittes of the Councell of Trent, (quhilk maift injuriouflie is called, be the Adverfa- ries of Godis Truth, The Haly League) contrarie to the Preachours and trew Profeflburs of the Word of God. JAMES VI. Pari. 5. Cap. 61. VIII. The Ratification of the Libertie of the trew Kirk of Cod and Religion. A t Stirling, July 25. 1 5* 7 8 . kUR Soveraine Lord, with. Advife of his three Eftaites _ ' of this prefent Parliament, has ratified and appreved, and be the Tenour heirof ratines and apprevis all and quhat- fumever AS:* of Parliament, Statutes and Conftitutions, paft and maid of befoir, agreeable to Godis Word, for Mainten- ance of the Libertie of the trew Kirk of God, and Religion, now prefentRc profeffed within this Realm, and Puritie there- of : And decernis and declaris the famin to have the Effect in all Points, after the Form and Tenour theirof. JAMES VI. Pari. 6. Cap. 68. IX. Anent the trew and haly Kirk, and then that are declared not to he of the famin. At Edinburgh, QCiober 20. 1579. UR Soveraine Lord, with .Advife and Confent of his three EftaitcSj and haill Bodie of this prefent Parliament, ratifies c o Who are the true Kirk. 15 ratifies and apprevis all and quhatfumever Aeles and Statutes maid of befoir be his Hienes, with Advife of his Regentis ia his awin Reigne, or his PredecefTbures, anent the Libertie and Freedome of the trew Kirk of God, and Religion now prefentlie profeffed within this Realme. And fpecially ra- tify is and apprevis the fext Acl of his Hienefs Parl'ian. haldin the firft Zeir of his Majefty's Reign, intitulat, A the trew and halie Kirk, ana of them that are declare J cf the famin. Ordaining the fame to be heir infert of new, (becaufe of fum Defection and Informality of Words in De- fault of the Prenter) in this Forme : Our Soveraine Lord, with Advife of his three Eilaites, and haill Bodie of this pre- fent Parliament, hes declared, and declaris the Mioificr the Drilled Evangel of Jefus Chrifl, quhame God of his M cie hes now raifed up amangs us, or heirafrer fall raile, a- greeing with them that now lives, in D« ctrine and Admi ftration of the Sacraments-, and the Pe >pil of t! c Realme that profeffis Chrift. as he is now offered in his Evangel, and does communicate with the halie Sacram; : in the re- formed Kirkes of this Realise ar pnblicklie adminiftrate) ac- cording to the Confeffion < i the Faith, to be the rrcw . halie Kirk of Jefus Chrift within this Kealme, and and declaris, that all and findrie, quha bu1 the "Word of the Evangel, received and apprc of the Confeffion of the Faith proftiitd in Parliai befoir in the Zeir of God One th ty Zcircs : As alfwa fpecified an J * f Parliament, maid in the fir ft i particularise dois exprcile, rai I irliament or thai the hulie Sacran I . mber* ol th . 1 6 jurifdiaion of the Kirk, Sec. JAMES VI. Pari. 6. Cap. 6 9 . X. Quhairin confiflis the JurifdicJion of the Kirk. At Ed'uiburgh, Oflober 20. 15*79. OUR Soveraine Lord, with Advifc of his three Eflaites of this preient Parliament, hes declared and granted Jurifdiclioun to the Kirk, qnhilk confiflis and Hands in the Preaching of the trew Word of Jefus Chrift, Correction of Maners, and Adminiftration of the halie Sacraments, and declairis that there is na uther Face of Kirk, nor uther Face of Religion, then is prefentlie be the Favour of God eltablifli- cd within this Realm *, and that there be na uther Jurifdicti- on Ecclefiaftical acknowledged within this Realme, uther then that qnhilk is and fall be within the famin Kirk, or that quhilk flows theirfra, concerning the PremiiTes. JAMES VI. Pari. 8. Cap. 133. XI. That Miniflers fall not be Judges , nor exerce any uther or. dinar Office that may abftracl them fra their Office. Edinburgh, May 12, 1584. THE Kingis Majefty, and his three Eflaites aiTembled in this prefent Parliament, earneftly defirous that all his loving and gude Subjeeles fall be faithfullie inflriuftcd in the Doctrine of their Salvation, and that the Miniflers of Godis "Word and Sacraments may the better and mair diligently attend upon their awin Charges and Vocation : Theirfoir ftatutis and ordainis, that all the faidis Miniflers fall faith- fullie await thereupon, to the Comfort and Edification of the Flockes committed unto them : And that nane of them pre- fenrly being in that Function, or fall be admitted theirto in Time cumming, fall in ony "Waies accept, ufe, or ad- ininiftrate ony Place of Judicature in quhatfumever civil or criminal Caufes, nocht to be of the College of Juftice, Com- rniilioners. Advocates, Court Clerk es, or Notaris, in ony Matters (the making of Tellamcntes only excepted) under the Pain of Deprivation fra their Benefices, Livinges, and Func- tions f ; * Taking this to he meant of the Fresbyterial Church of Scotland, then the tliii Act alio, bec*ufe it admits ©f Epilcopacy SQOthcr Face of Religjpn, Kirkmen Jloould not enjoy Civil Tower, &c. 17 tions f ; and gif they failzie heirin, being called, tryed, and adjudged culpable be their Ordinars, or be the Kings Maje- fties CommifTioners in Ecclefiaftical Caufes, they fall thea tine their faidis Benefices and Livinges, and uthers qualified Perfons fall be prefentcd and provided thereto, as gif they wer naturallie dead. JAMES VI. Pari. n. Cap. 23. XII. Ratification of all Lawes maid anent the Liberty of tie Kirk, and all uthers y in the Kingis Minoritie. A t Edinburgh, July 29. 1 5- 8 7 . OUR Soveraine Lord, now and after his lauchful and perfite Age of Twenty ane Zeires complete, with Ad- vife and Confent of his Eftaites conveened in this prefent Parliament, ratifies, apprevis, and, for his Hienefs and his SuccefTours, perpetuallie confirms all and quhatfumever Aftes maid bee his Hienes, in the Governements of his Regentes during his zoung Age, or fen the Acceptation of the Governc- ment of this Realme in his awin Perfone, or be his maift no- ble Progenitours, anent the Kirk of God, and Religion now prefentlie profeffed, and be the Lawes eftabliihed within this Realme, and that the faid Ratification be als effectual as giff all the faidis Actes war heirin exprefled, named, and num- bred ; and cadis, annullis, and abrogatis all Laws, Acles and Statutes, canon, civil, municipal, and uthers Ordi- nances quhatfumever, maid in onie Times of before, conrrair or in Prejudice of the faide trew Religion and Profefiburej thereof. JAMES f Tic Deprivation of MSnttfal from tlicir FunAior hcR fi'p- , tent to the Chun ganical, by virtue of the mtrinucJE iuv.tr commUeJ H I >.-■ Chrift. 1 8 "Presbytery eftablijhed. JAMES VI. Pari. 12. Cap. 114. XIII. Ratification of the Libertie of the trew Kirk : Of Ge- neral! an I Synodal! Ajfemblies : Of Presbyteries : Of Difci- fline. All Laws of Idolatrie ar abrogate : Of Prefent ation to Benefices. At Edinburgh, June j . 1 5 2 . OUR Soveraine Lord, and Eftaites of this prefent Par- liament, following the lovabil and gude Exemple of their PredecelToures, hes ratified and appreeved, and, be the Tenour of this prefent Aft, ratifies and apprevis all Liber- ties, Priviledges, .Immunities, and Freedomes quhatfumever, given and granted be his Hieneffe, his Regentes in his Name, or onie of his PredeceiTours, to the trew and halie Kirk, prefentlie eftablilhed within this Realme, and declared in the firft Afte of his Hieneife Parliament, the Twentie Day of October, the Zier of God Ane thoufand five hundreth threefcoir ninetcne Zeires ; and all and quhatfumever Aftes of Parliament, and Statutes made of befoir be his HighneiTe and his Regentes, anent the Libertie and Freedome of the faid Kirk : And fpeciallie the firft Afte of the Parliament halden at Edinburgh the Twentie foure Daie of October, the Zeir of God Ane thoufand five hundreth fourfcoir ane Zeires; with the haill particular Aftes there mentioned; quhilk fall be als fufficient as git the famin were here ex- preffed ; and all uther Afts of Parliament maid fenfine in favour of the trew Kirk : And fiklike, ratifies and ap- prervis the Generall Affemblies appoynted be the faid Kirk : And declaris that it fall be lauchfull^ to the Kirk and Mi- niiters. everie Zeir at the lead and oftner fro re nata, as Occafion and Neccffitie fall require, to hald and keepe Ge- nerall Aflemblies : Providing tha' the Kings Majeftie, or his Commiflioners, with them to be appoynted be his Hie- neife, be prefent at ilk Generall AlTemblie, before the dif- folving thereof, nominate and appoynt Time and Place quhen and qubair the nixt Generall Aifemblie fall be halden : And in cafe naither his Majeftie nor his faid Commiffioners beis prefent for the Time in that Toun quhair the faid Ge- neral! Presbytery eftablified. 1 9 nerall AfTemblie beis halden* ; then, and in that Cafe, it fall be lefum to the faid Generall Affernblie, be themfelves, to no- minate and appoynt Time and Place quhair the nix: Gene- rall AiTemblie of the Kirk fall be keiped and halden, as they have bene in ufe to do thir Times bypaft f. And als ratifies and apprevis the Synodall and Provinciall Aifemblies, to be halden be the faid Kirk and Minifters twife ilk Zeir, as they have bene, and ar prefentlie in ufc to do, within everic Province of this Realme : And ratifies and apprccvis the Presbyteries and particular Seiliones appoynted be the faid Kirk, with the haill Jurifdiclion and Difcipline of the famin Kirk, agried upon be his Majeftie in Conference had be his HienefTe with certaine of the Minifters convcencd t * that Effect. Of the quhilks A. tickles the Tenour foil cm MATERS to be intreated in Provincial Affemblies. Thir . femblies ar conftitute for weichtie Maters, neceffar to be in- treated be mutual Gonfent and Affiftance of Brethren with- in the Province, as Ncede requiris. This AiTemblie hes Power to handle, ordour, and redrefie all Tilings omittdd or done amiiTe in the particular Affemblies : It hes Pon to depofe the Office- Beareres of that Province, for g and juft Caufe deferving Deprivation : And generaliie, thir Affemblies has the haill Power of the particular Elder- fchippes quhairof they ar collected. MA PERS to be in- treated in the Presbyteries. The Power of the Presbyteries is to give diligent Laboures in the Boundcs committed to : Charge •, that the Kirkcs be kecped in glide Ordour ; to in- quire diligentlie of naughtie and nngodHc I . and to travel to bring them in the Way againe, bee Admonition, or Threatning of Gods Judgements, or be Correction. I: pertaincs the Church hath an intrinfick Pout-, to meet in the ( highefl o> I [cfus Chrift, the leail fcem inconiiftcnt with tbi and Liberty. f Let it be remarked, that till this Tim I out I was pre; 20 ^Presbytery eftablijhed. pertaines to the Elderfchippe *, to take heede that the Word of God be purelie preached within their Boundes ; the Sagramentes richtlie minirtred, the Difcipline interteined, and Ecclefiaftical Guddes uncorruptlie diftributcd. It be- langis to this Kinde of Aflemblies, to caufe the Ordinances maid by the Aflemblies Provincialles, Nationalles, and Ge- neralles, to be keeped and put in Execution, to make Gon- ftitutions, quhilk concernis rhvyvxm in the Kirk, for decent Ordour in the particular Kirk quhair they governe : Pro- viding that they alter na Rules maid be the Provincial or Ge- neral Aflemblies ; and that they make the Provincial Aflem- blies forefaid privy of the Rules that they fall make ; and to abolifh Gonftitutiones tending to the Hurt of the fame. It hes Power to excommunicate the obftinate, formal Procefs being led, and dew Interval of Times obferved. ANENT particular Kirks, gif they be lauchfullie ruled, be fufficient IMinifterie and Seffion, they have Power and Jurifdi&ion in their owen Congregation in Maters Ecclefiaftical. And de- cernis and declaris the faides AfTemblies, Presbyteries, and Sefliounes, JurifdicYion and Difcipline thereof forefaid, to be in all Times cumming maift juft, gude, and godlie in the felfe, notwithftanding of quhatfumever Statutes, Acles, ca- none, civill or municipal Lawes made in the contrare. To the quhilkis, and everie ane of them, thir Prefents fall make exprefle Derogation- And becaufe there ar diverfe Acles of Parliament, maid in favour of the Papifticall Kirke, tend- ing to the Prejudice of the Libertie of the trew Kirk of God, prefentlie profefled within this Realme, Jurifdiclion and Difcipline thereof, quhilk ftands zit in the Buikes of the Acles of Parliament, nocht abrogated nor annulled : There- fore his HieneiTe, and Eftaites forefaids, hes abrogated, cafled and annulled, and bee the Tenour hereof, abrogatis, caflis and annullis all Acles of Parliament, made be onie of his HieneiTe Pre ieceflbures for Maintenance of Superftition and Idolatrie, with all and quhatfumever Atfte, Lawes and Statutes, maid at ony Time before the Daye and Dait hereof, againft the Libertie * By EWcrfchips, our Reformers i;nder(too 10} t bout cur S over at ne Lordis [fecial Licence and Commandment. HEREBY all Judgments and JurifdicYions, either fpirituaj or temporal, not approven by the King and Parlia- ment, are difcharged ; certifying the Excrcers and Q- bevers thereof, that they ill all be punilhed as Ufurpers and (Contemners of the King's Authority, A a GXXXII. The Caufei and Manner of Deprivation of Mini- flers. HEREBY it is ordained, That all Minifters, pr others having Benefices under Prelacies, fnfpecled culpable of Hcrefy, Pa pi ft ry, erroneous Doctrine, common Blaf- phemy, Fornication, common Drunkennefs, Non-Refidence for four Sabbaths in the Year, without Leave of his Ordina- ry, Plurality of Benefices, Simony and Dilapidation, being found guilty, fliafl be deprive^ from b;oth Office and Benefice. That, in the Cafe of Plurality of Benefices, the Acceptation of the laft he (umcient Cauje of Deprivation ; and a Minifies being convic*) of a capital Crime, and therefore alfp. orderly hjs Benefice v.V JAMES [ 2 9 ] JAMES VI. Pari. jo. begun December 10. Ij8$\ Aft XII. v^V Leagues a,id B andes maid without the Kinges Con* fent are null. HEREBY is ratified Aft 4?. Pari 6. Q. M. dec] ing the Nullity of all Leagues made in Time bvgone among the Subjects, under the Pain of Warding cur- ing the Queen's Pleafure, and difcharging any to be mide in Time coming, without his Highnefs's Privity and Con' under the Pain to the Makers to be holden and execute as Movers of Sedition. Thus the Bonds and Leagues made for fetting fijre the Reformation were of Courfc condemned, and the like fraclice prohibit in Time coming. JAMES VI. Pari. 11. begun Jnly 29. 15-37. Aft XXIV. Anent Tryal aid Punt foment of the Advc- the tre-jj Re'.i HEREBY is ratified all Laws made againft the Adverfa- ries of the true Religion, and the Seducers or P. ders to decline therefrom ; that any profeft Papiir, or Seminary Pried, found after the Space of a Month aiier the Publication of the Acls of this Parliament, (hall ir.cur the Pains of Death, and Efcheat of Moveables ; and their R< ters and Supplyers, by the Space of three Da\s and t. Nights, tyne their Liferents. All Savers and Hearers oi Mais, Profaners of the Sacraments, Perfons fufpt have declined, Withdrawers from the Preaching of the "Word, Seducers by Reasoning, or dilperfing Letters, being tilled before the Council or Jurtices and c :. incur the Tinfel of their moveable Goods and Liferent, V. Tie Seller: he ■ cd. HEREBY with a fcarch for and deit ■ U at tLc K [ 30 ] Att XXVII. P nm foment of ' Trou tiers of the Kirk, Invaders of Miniflers, end of excommunicate Perfons entrand into the Kirk. HEREBY it is ordained, That Troublers of the Kirk, or who raifes any Fray therein, or in^the Kirk-Yeard, the Time of divine Service, be punifhed by Tinfel of their Moveables : That who invades or puts violent Hands on a- ny Minifter, mall be punifhed by Tinfel of their Moveables for the Violence ailenarly, the one Half to the King,- the other to the Party offended • and that Letters be thereon di- rect, at the Inftance of the Minifter, the King or Kirk's Ad- vocate, or any other Perfon : And that a Perfon excommu- nicate, entering the Kirk the Time of the Miniftration of the Sacraments, or common Prayers, mould be charged in God and the King's Name to remove ; and, if he refufe, the Mi- nifter after the Service may caufe apprehend and ward him until he find Caution, at the Minifter and Elders Sight, to reconcile himfclf to the Kirk, and make Amends for the Of- fence ; and if he deforce any in the Execution of the Pre- m'uTes, that his Moveables be efcheat, and his Perfon in the King's Will. N. B. The Acts both above copied and abridged, and feve- ral others refpecYmg Stipends, and other Matters extrinfical of Religion, arc all ratified in the i 14 Aft, Pari. 12. Jam. VI. to be feen at Length, />. 18. JAMES VI. Pari. 12. begun July 5. 1592. Aft CXX. Sayers of Mejfe, Jefuites, Seminar ie Priefts. traf ticking Papijls, and Receipters cf any of them, committis Treafon* HEREBY it is declared, That the Saying of Mafs, and the Referting of Jefuits, Seminary Pricfts, and traflck- ing Paplfts againft the King and the prefent Religion, infer the Crime and Pain of Treafon, both againft the Per- fons relet, and ;hcir Refctters : But if the Jefuits and Prkfts fliall fatisfv the King and Kirk, their Refc tiers are free. AH [ 3i ] AH CXXII. The Mercattes, quhilkis ar forbidden on the Sab- bath -Day, may be halden on the oulk Dayes. HE above Title is as plain and explicire as the Aft itfelf. AH CXXIII. Quha hes not given Confejfion of their Faith, fall not enjoy the Benefit e of the AH of Parliament. HEREBY it is ordained, That none have the Benefit of the Aft of Pacification 15*72. and Aft of Obli- vion 1585-, except fuch as profefs the prefent true Re- ligion, and acknowledge the King's Authority. JAMES VI. Pari. 13. begun July 21. 1593. AH CLIX. Mercattes and Fairs ar forbidden on tie Sabbath- Day. HEREBY AH 70. Pari 6. Jam. VI. is ratified; and all Judges, and others whom it mall pleafe Presby- teries to name, are charged to put away Fairs and Mercats on Sabbath ; and that Letters be direft, at the In- ftance of the Presbytery, again ft them for this Effect. AH CLX. Contemners of the Decreetes of the Kirk fuld be dc» nunceJ Re belles. HEREBY it is ordained, That 1 Perfon being chsr by the Beadle, and thereafter bv t!. Parilh, three Sal>bjth-Dj\s from fa I pit, in the % of God and the King, to obey a Sen rente ol gainfl him, and refuting, may be ljKv ; the Judicatory that gave the Sentence, before Scffion, that 1 be direct again ft him in caie of Diiobcdici^. AH CLX IV. Ant Hers of e\ . P HEREBY it i wilful Entertainers ol foch, lhall, for the full I [ 32 ] infer the fimple Efcheat ; for the fecond the Liferent Ef- cheat ; and for the third the Fain of Treafon and Fore- feiture. JAMES VI. Pari. 14. begun June 8. 155)4. Ati CXCIli. Again ft wilful Hearers of Metfe. HEREBY it is ordained, That all wilful Hearers of Mafs, and Concealers of the fame, be execute to the Death, and their Goods efcheat, they being therefore found guilty, or declared Fugitive before the Juftice or Pri- vy-Council. A 61 CXCIV. Anent SatisfacTicn to the Kirk be Papiftes. HEREBY it is declared, That Papifts, required by Pref- byteries to fatisfy the Kirk, and not compearing, or refufing, lhould be charged to produce the Presby- teries Testimonial to the Privy-Council; and, in cafe of Failie, denounced, whereby their Efcheat, both fimple and Liferent, vaiks ; and who thereafter refets them incurs the fame Pain ; and the Presbytery, or any Minifter thereof ne- gligent, tines the Half of his Stipend for that Year. An CXCVIII. For the better obferving cf the Sabbath-Day, HEREBY former Acts of the Kind are ratified, with this Addition, that who fells, or prefents to Sale, any Goods on the Sabbath, and ihall be thrice convift thereof, flinll tine all their Moveables, and their Perfons be in the King's Will. JAMES VI. Pari. 15. begun December 19. 1597. A:l CCXXXI. All Minifter s provided to Prelacies futd have Vcte in Parliament. EREBY it is ordained, That all Minillcrs provided to the Title of a Bifhop, Abbot, or other Prelate, have Vote in Parliament, iiklike as Prelates had of old, iV. B. As H [ 33 ] N. B. As this was the firft legal Step to the Introduction of Prelacy, it met with confidcrable Oppofiti sni- fters, and became an Occasion of Suffering to feverals of them ; but was refcinded annis 1640 and 1690. JAMES VI. Pari. 16. begun November 15. \6oo. Aft I. The $th Day c/~Auguft is appointed for giving yearly fo- lemn Thanks to Cod, HEREBY the 5-th Day of Auguj] yearly is appointed to be a Day of Thankfgiving to God for ever, for King James VI. his Prefervation from the treasonable At. tempts of the Earl of Gowry and his Brother, with Abili- nence from all Works that may diftract from the faid Ex- crcife. But according to Ca/derwood'f Hiftoty, p. 443. and down* wards, Giwry was a Presbvterian, a good Man, and a bold Oppofer of Epifcopacy, izc. and as there was therefore a Neceflity of getting him out of the Way, a Confpiracy was alledged againfl: him, for which he and his Brother were maflacred, and the above Thankfgiving appointed : And, be in the Confpiracy what will, the Truth of it was then fo much doubted, that few found Presbyterians would obfervc that Day. Many fuffered for it ; and particularly, for this a- lone, was the great Mr. Robert Bruce, Minifter of E banifhed the Kingdom. Aft XVI. Ratification of the Afts maid of before in fivvurs of the Kirk. EREBY was ratified all Ah f Scotland to oY/\- HEREBY it is ordained, That Pedagogues fent by No* blemen, and others, with their Sons out of tb try, have the Biihop\s Teftimonial of his Religion ani Learning, under the Pains, to the Earl, of 5000 L. to the Lord, oi jooo Merks, and to the Baron, of 30c _ .*. j4:7 II. Againfl Children that becomes Papifts when they arc of Scotland. HEREBY it is ordained, That fuch as fend their Sons abroad have a fpecial Care that their S y be where the true Religion is profeffed, efpecially where I want Pedagogues, at lean: where the Inquifition is not : And in cafe any of thefc Sons haunt the Exercife of con*- Religion, thofe that have the Charge of them n.uft find c tion to furnifli them no more Money, except their realonable Expences to bring them home. j4ct III. Anent excommunicate Perfons not to enjoy their L . pmts and P HEREBY it is ordained, That no Perfons cxcoiv for not conforming to the Religion prefently ; directly nor indirectly, poifefs their Etlaics, but that the lame .be meddled with to his Majcfty's Ufc. A SI V. Again/1 Jefuites, Semina- P HEREBY all Acts agalnfl Jeftitt pifts, and their ReVettcrs, arc l their fs, that tritlmat ion and D the 1: \ (halt be fufficicnt \ [< 3<* ] Aft VI. Of the Commijfarittes and Jurifdiftion given to Arch- bijhcps and Bijhops. HEREBY the Archbiihops and Bifhops have the Juris- diction of Co mmiffa riots, and Adminiftration of Ju- ftice, by their Commiffioners and Deputies, in all Spiritual and Ecclefiaftical Caufes controverted between any Perfons within their Diocefe. The Commiflaries'of Edinburgh are ap- pointed, (two to be nominate by the Archbifhop of St. An- drews, and two by the Archbifhop of Glafgow) with fole Power to decide all Caufes of Divorcement, and to reduce all other CommirTaries Decreets in prima inflantia, with Subordi- nation, neverthelefs, to the Lords of Scffion : But this Aft is afterwards repealed. Aft VIII. Anent the Chapter of Sanft Androes. HEREBY it is ordained, That the Appointment of a Chapter for St. Andrews confift of at lead Seven, to be chofen by the Archbifhop of thofe dwelling and having Charge within his Diocefe : But this Aft is afterwards re- pealed. JAMES VI. Pari 2i. begun Oftober 23. 1610. Aft I. A RaUfcation of the Afts and Conclufions fet down and agreed upon in the General A ft mill e of the Kirk keeped in Giafgow in the Monet h ] AH XIV. Ansnt flaying at Cards and Dye declared to 1 With King Charles and hi fl >rs. H Aft IV. Ratification of the Acls touching Rg/q EREBY is generally ratified all I it the Liberty and Freedom of the mi Religion prefently profcfled within this Realm. [ 4o ] Att V. Ratification of the Aft of Council anent 'Plantation of Sc holes. HEREBY is ratified the Ac! of Council loth December 1616. for planting of Schools, and the Bifhop of the Diocefe is impowered, with Gonfent of the Heritors, and moft Part of the Parifhioners. or, if the Heritors refufe, with Confent of moft Part of the Parifhioners, to lay a Stent on every Plough for Maintenance of the laid Schools, and Letters are ordained to be direct at the School -Mafters In* fiance, 6v. j4tt VI. Againfl the inverting of pious Donations. HEREBY it is ordained, That Gifts, Legacies, or Do- nations for pious Ufes, may not be inverted from the fpecifick Ufe deftinate by the Giver or Difponer* and the Perfons intruded are made comptable for the fame, and ordinary Profits thereof, to the Kirks, Colleges, and others to which they were deftinate, 6c End of the Firft PART. COLLECTION OF THE LAWS Made in favours of the Church and Religion I N SCOTLAND, BETWIXT The Years 1640 and 1650, To which are fabjoinej Three A6ta of the Parliament 1661. ft the fame. EDINBURGH, Printed by \V. Chkyn:, lor Andrew l and fold by him, at his Houfr, South l and by the Bookfellcr, in Town . .:ry iMDCCXLIX. [ xliii ] T O T H E READER. IT is the Obfervation of Solomon, the wifcft of King? *, that to every Thing there is a S$afon x and that * Word ken in due Scajon, hrjo good is it \ ? It canr ot, (though taking too much Place in our Day) be the Duty of any :o juftle out private perfonal Reformation and - : -{~>l; :e!.> of Life and Walk, by a fpeculative Contending for publick Re- Formation : For that Zeal, which doth not begin with and :arry alongfl: the firft:, feems not to be a Spark of the Lord's kindling •, and yet for any, whofc Hearts the Lord hath gra- cioufly touched, to fit filent, when a publick Teftimonv lor born-down and buried Truths is called for, is inconfiftcnt with that Honour and Character the Lord gives them in his "Word, Ifa. xliii. 10. Ye are my WITNESSES, faith the Lord. For a Perfon or People, try (led with the Lord's rare Mer- cies and eminent Kindnefs, and bound in the mod fok Manner to improve the fame to his Glory, to bury, forget and undervalue, be afhamed of, contradict and reproach the fame, mufl no doubt procure their unfpeakable Lofs, as well as indelible Reproach : And yet to this awful Length is it come, not only with all thole whole great eQ ] nld be to fee us involved in the Labyrinth wherein the lair Peri- od left us, but alfo with too many fometime pretended Friends to the Reformation which obtained in this fecond Peri Who, to juftify their backfliding Courfet, when not fquarc the fame thereby, do fqueeze, torture, and mcta-. phofe that Reformation inl i wp Liker.ef-, tiled] at lead an equal, if not greater P< fl ay than in it. it Height the came to in the Period now before Collection oTAfts, which contaii I 1 i mai y ol the covenanted Boundaries and March-Ston< )ur Parliament! a Tiaie .:. i. | Pre . i [ xliv ] a Time, when, as they thereby acted for the Lord, he was* according to many concurring Tcftimonies, eminently feen tp be with them. As by what obtained both, in this and during a, good Part of the former Period, the Lord's Faithfulnefs hath been evin- ced in the ancient Promife made to the Church *, That Kings fliould be her nurfing Fathers ; and more particularly the Promifes made to the Ifles, of the Sea, Ifa. lx. o. Surely the Ifles flail wait fir me \ and Pfal. lxxii. 10. The Kings of — the IJles /hall bring Prefents :. So the prefent Publication thereof feems neceffary, in refpefl of God, of ourfelves, and of a- fhers. i. In refpeft of God, his Authpriry obliges us f to walk ebout Zion, and go round about her ; to tell the Towers thereof to mark well her Bulwarks, and con/icier her Palaces ; THAT we may tell it to the Generation following. And feeing our Fa- thers have told us what Work Cod did in their Days, Gratitude requires of us, not only th,at we mould remember the Tears of the Right-Hand of the MOST HIGH, but alfo that we /hould fraife his Works to another Generation, an,d declare his mighty A$s% : 2. In refpect of others, this Collection may be of Ufe for reaching Conviction of the Sin of the Parliament \66\. in, refunding the Laws after infert, and of the Revolution-Par- liament in leaving them fo buried ; as ajfo for juftifying the Conduct of the Inftruments who procured the making of thefe honourable Laws, the Martyrs who. fuffered for adhering to the Lord's Gaufe thereby approved and ratified, and fuch as fince have efpoufed, and endeavour to fnpport the fame Caufe ; and lor the Information of the ignorant, and of the Genera- lion f blowing. And, 3. In refpect of ourfelves, this Undertaking may be of Ufe, for evidencing our Love to thefe Laws, and our Defire that the fame may be revived, or at ieaft a thankful Remembrance thereof preserved amongft us, and that v/e may with our own Eyes, difcern the true Settlement of Religion thar ob 7 gained in that Period, the great Difference betwixt it and the. prefent :,l:x. 53. fpftl sItHj, 12, 13. J Pfal. cslv. 4, [ w ] prefcnt Settlement, and who at prefenf may be reckoned up- right Propagaters of the fame Caufe : But, not to ftay here, During the ten Years now before us there were only three Parliaments ; the firft, intitled, The fecond Parliament of King Charles, fat down the i ith June 1640. and after foine Time it was adjourned to the 15th June 1641. and at this Seffion of Parliament the King was prefent, acknowledged their Authority, and ratified the whole Acts of this and the pre- ceeding Seflion of Parliament, amongft which this was one, Aft 17. anno 164Q. That every third Tear, once at leaf}, there fhould be a full and free Parliament ; and that the Time end Place jhould be appointed by his Majejfy, cr his Commifioncr for the Time, and the EJlates of Parliament, before the End and Clo- fing of every Parliament ; and the faid Parliament 164 1. hav- ing, by their 7 t Aft, appointed the next Parliament to con- vcen the firft Tuefday at' June 1644. they met accordingly ; and becaufc, through the Part taken by the Scots in the civil War raifed by the King in England, he would countenance none of their Parliaments hereafter, therefore the Eftates of the Land, being eflcntially Judges, and feeing the true Proteftant Religion, his Majelly's Honour, and the Peace and Intereft of the Kingdom, were in great Hazard, they did, by virtue thereof, and Act above mentioned, continue the Parliament for fevcral Times, making in all fix Seffions, end- ing 27th March 1647. at the End of which Time they ap- pointed their fecond triennial Parliament to meet March 2. 1648. and the firft Seflion thereof having ended Jure 10. that Year, they continued the Parliament till t! •>rf day of March 1650. but withal they impowcred tin I mittec to conveen the Parliament (boner if they thought fit- ting. And the laid Committee having icen Caufe to com the Parliament, January 4. 1649. they then met in theii cond Selfion, and having fat till Mpth \6. 1649. tl.ey continued this Parliament to May I Year; and ha vcened in their third Seflion Time aforcla: ^9. they continued themfelvcs unto I Thu> . liter fhil A^ts Were pub) i (bed, owjng, it may be pre!' the Uiurpci I [■ xlvi ] ttin they had two after Meetings, which refcinded the Act of Claffes, c furprifing to find a Variety of Objections to thefe Laws ; and though to pretend to their Perfection, were to forget that the Inftruments who made them were Men, yet may I venture to fay of the very ftrongeft of thofe Objections, that they do expofe their Authors exceedingly more than they can do theie Laws, or even the Inftruments concerned in making them. For Inftance, i. It hath been objected by the Carriers on of the unlaw- ful Engagement with England \ 648. in their Letter to the feveral Presbyteries within the Kingdom, that, under Pre- tence of Religion, great Incroachments were made by the Church upon the Rights of Parliament. To which the General AfTenibly anfwer *, * If their ■ Lordfliips mean any politick Intereft in fuch Undertakings, * we claim no fuch Thing, if the Meaning be of a fpiritual '.Intereft, and lo far as concerneth the Point of Gonfcience, * there can be no Doubt thereof made by fuch as do, with ' David, make the Teftimonies of the Lord their Counfellors, * Pjalr cxix. 24. and confult with God, as he ufed to do, in ' undertaking War : It is alfo to be remembred, that JoJJnta ' and all the Congregation of Ifiael were commanded to go 1 out and in at the Word of Eliazer the Prieft, who was to 1 ask Couniel of the Lord for them, Numb, xxvii. -28, &c* 2. It hath been objected, That the Parliaments in this Pe- riod were illegal, wanting the King or his Commrffioners Pre- i'ence thereat, &c. To this an Anfwer hath already been materially given ; to which I add, with the Author of the Apologetical Relation f, ' (1.) That the Want of this Formality cannot be the Caufe c of annulling thefe Parliaments, or Seljfions of Parliament, c becaufe they annul the very Seflion of Parliament 1641. at * which King Charles was prcient. (2.) There was then no « Law * A&s of Aflcmbly, h 4°4- t f- »3«« [ xtvii ] « Law making the Prefence of the King or his Commiflioner « eflential to every Parliament, far Iefs to every Seflion of « Parliament. (3.) There have been many Parliaments hol- « den in Scotland, without either King or Commiffioner, as in « the Days of King Jams: II. annis 1437, 1438 and 1440. « where there is no Mention made of the King in the A<5b, « as there is at the next Parliament 1443. but only of the * three EJlates of Parliament concluding and ordaining : So anno • 1560. there is a Parliament holdcn at Edinburgh by the 4 three Eftates, without either King or Queen, and feveral 4 Acts thereof ratified, Pari. 1 . King James VI. And anno 4 1567. the Parliament is kept by the Regent and the ■ three Eftates, without the Queen who then did reign, as 4 the Afts of Parliament 15-81. King James VI. fliew , for 4 there thefe Words are to be found in the firft Aft thereof, 4 And efpecially the Aft made in the Reign of the Queen his dear- 4 eft Mother, in the Parliament ho/den at Edinburgh, 19th A- c pfil 15-67.' 3. It isobjecled, That the whole Aftsin this Period, and the Authority of the Parliaments who made them, having been refcinded by the Parliament in the 1661. and the Au- thority thereof never revived to this Day, they arc null, and of none Effect ; and therefore, what the Parliament lay for refunding them mnft ftrike ngainft republifhing thereof, namely, That they are a Reproach to the Kingdom, and un- fit to be any longer upon Record. Anfwer. This indeed mufr unloofc the G rotj and I grant that in foro hiimano thefe Acls cannot be now pled up- on j but, m foro Dr., that which wa$ lawful from the Be ning cannot be afterwards made finful. Thefe A els carry undoubted Evidence alongft with them of the iity, and confequently of their tending to the Glory /mi the Credit of thole who made or I for them, or 1 adhere unto them ; and therefore the Reproach a mnft recur upon thofe who refcinded them: Az, I. The Re- proach of refcinding the Covi nants. National and League, (the Land's Covenants with the Lor.' fdfion of Faith, Catechifms, Din Order of Church-Government, 6tf. all ratified by thefe ntS. 2. The Reproach of condemning the fame [ XIVlll J bly 1638. alfo thereby ratified. 3. The Reproach of con- demning all the Meetings, Councils and Conventions of the Subjects, For preferving and promoting Reformation at the Beginning of this Period, the defending themfelves againft the Popifti, Prelatical and malignant Party, who rofe in Arms under Montrofe and others, and helping England in the Day of their Diftrefs ; all approved by the A els of this Period. And, 4. The Reproach of running themfelves in- to feen Abfurdities : As, (1.) The Abfurdity of condemn- ing Parliaments lawfully conveened, as hath been Ihewn. (2.) The Abfurdity of condemning many Laws morally good, as themfelves have granted, by fmce making Acts of a like Nature to feverals in this Period. (3.) The Abfurdity of condemning the very Parliament, who by their Commiflioners treated with King Charles II. at Breda, and who afterwards received and crowned him. For more of this Sort th» Reader may confult the Apologetical Relation, from/'. 128* to 135. inclujive. The Allegation from another Quarter, namely, That the Laws made in favours of Religion betwixt the Years 1640 and 165*0. were all revived, either generally or more exprefs- ly, at the Revolution, does aifo afford a proper Occafion for anfwering thereto : But the Vanity thereof being elfewhere fufficiently expofed, particularly in a Pamphlet iately pu- blifhed, intitled, A Criterion, Head III. Seel. 1. I ihall not farther trouble you with Repetitions. Whoever hath that Performance at Hand, will, I hope, be of Opinion, that it contains many ufeful Remarks upon the following Ac~tSj and difcovers the vaft Difference betwixt that and the prefent Settlements of Religion, and that the one is a neceifary Sup- plement to the other. I only add, that, as the following Collection contains all the Laws made in favours of Religion during this Period, fo it is exactly tranferibed from the only printed Edition of the refcinded Acts. That you may get Good by the following Collection, is the Defire of your Friend, The Publisher. AH t 49 1 AN EXACT COLLECTION OF THE LAWS Made in favours of the CHURCH and RELIGIO. I N SCOTLAND) Betwixt the Years 1640 and K. CHARLES I. Pari. 2. ScfT. I. begun Jurcw. : Atl II. Antnt the t | 0/ the P qucnt Parliaments. THE Eftates of" Parliament, preleni his Mcjcflics fpeciall Ai I i nt Parliament •atifying oiTuch Acts as (kould he concluded 10 the Lre . emblie of the Kirk, for d< and fettling all fuch Things as may tonduec / 50 Of the Cortjlittition cf Parliament. and Peace of this Kirk and Kingdome ; and confidering the feirera] Complaints of this Kirk unto Parliaments from lime to Time, proceeding from her continuall Experience of Pre- judice and Ruine through many Perfons, and fpecially of Prelates their attempting to voyce or do' any Thing in Name of the Kirk, without either bearing Office in the Kirk, or having GommifRon from the Kirk ; and the Acts of the late Generall Aflemblie condemning the Office of Bilhops, Arch- - bilhops, and other Prelates, and the civil Places and Power of Kirkmcn, as their vovcing and ryding in Parliament; and craving the a bo liming* of thefe A&£ of Parliament which grants to the Kirk or Kirkmen Vote in Parliament, to be abrogate, as prejudicial! to her Liberties, and incompatible v/ith her fpirituall Nature ; confidering aifo that there are conveened in this pre fen t Parliament, by his Majefties fpe- ciall Indiclion, Warrant and Authoritie, the Nobilitie, Ba- j*ohs, and Burgeffes, the Eftates of this Kingdonic. who haVi a full and undoubted Power to proceed and determine in all Matters concerning the publick Good of this Kingdom, and that notwithstanding of the Abfe'nce of the Prelates, who by former Lawes were appointed to bee Members of Parliament : And to the Effecl none prefume to' move any Queftion there- anent, the fa ids Eftates now convCened, as' faid is, have de- clared, and by thefe Prcfents declares this prefent Parliament, holden by the Nobilitie, Barons and Burgeffes, and their Commiffioners. the true Eftates of this Kingdome, to be a Complete and per feci: Parliament, and to have the famine Power, Authority and Jurifdiclion, as abfolutely and fully as any Parliament formerly hath had within this Kingdome in Time bygoiie : And ordaines all Parliaments hereafter to be f > conftitute, and to con fill onely, in all Time coming, of the Noblemen. Barons and BurgelTes, as the Members ana three Eitates of Parliament: And rcfcin'des and annulfs all ft >rmer Lawes and Acls of Parliament madar in favours of whatfoever Bifhops, Archbifhops Abbots, Pryors, or other Prelates or Churchmen whatfoever, for their riding" fitting, or voycing in Parliament, either as Churchmen, or the Cler- gie, or In Name of the Church, or as rcprefenting the Church as an Stare or Member of Parliament, by Reafon o£ their Ecslefiafticall- Offices, Titles, Dignities; or Benefices ;' and- Laws in favours of "r relates abrogated. 51 and namely the 251 A3 t Pari. ij. K. Jam. VJ. 15-97. ancnt the Kirk, and fpecially Parfons and Prelates repreienting the third Eftate ; and the 2d A3, Parl.18. K. Jam. VI. i6z6. anent the Reftitution of the Eftate of* Biihops, and their re- prefenting the third Eftate, wlrh all Acts and Con.ftitu:: of Convention, Councell, or Seffion, and all Pracliles and Cuftomes whatfoever, in fo far as the fame, or any Claufe thereof, trends or may be ext.ended to the Effect forefaid, as being found and declared prejudicial! to the Libeme of this Kirk and Kingdom, and to the Puricie of the true reformed Religion therein eftablifhed : And prohibitcs all Perfons what- foever to call in queftion the Authorise of this prefent Par- liament, upon whatfoever Pretext, under the Pain of Treafon. Acl IV. A:;er,t the Ratification :f the A } cJs of the Afmblj* *. THE Eftates of Parliament prefcntly convcencd by his Majefties fpecial Authoring, ratifies, approve^, and perpetually confirmed the Aft of the General! Aifemblie hoi. den at Edinburgh in the Moneth of Augufl laft bypaft, made upon the Seventeenth Day of the (aid Moneth, and in the eighth Seillon of the faid Aflembly, intituled, Anent the fix Caufes of our bygone Evils, whereof the Tenour followes. The Kings Majeftie having gracioufly declared, that it is hi> Royall Will and Plcafure, that all Queftions about Religion ind Matters Eccicfiafticall be determined by Ailemblics of the Kirk, having alio, by publick Proclamation, indicted t! is free National) Ailcmbly, for letting the prefent Detractions ol this Kirk, and for eftabiilhing of a perfect Peace, againft fiich Oi- tifions and Difordcrs as have been fore difpleafing to his Mar jeftie, and grievous to all his good Subjccl his Majefties CommiiTioncr, J r jhn Earl ol Ti authorized with a full Commillion, reffnt, and lining in this Aflembly, now fully conveened andorderl) con ft M m all the Members thereof, acp Kirk, having at large declared hi! the re- formed Religion, and his Ro Subitum .1 . bin then 51 IPrelqtick Novations abrogated. to this Kirk, where hit Majeftie hid both his Birth and Bap- tiirne. his great Difpleafure at the manifold Diftraclions and Divifions of this Kirk and Kingdom, and his Defires to have all our Wounds perfectly cured, with a faire and fatherly If and ; and although, in the Way approver! by this Kirk, Try all hath been taken in former Alfemblies before, from the Kirk Rcgifters, to our full Satisfaction ; yet the Com- fcfffioners Gnroe making particular Inquirie from the Mem- bers of the Aifembly now folemnly conveencd, concerning the resil and true Caufes of fb many and great Evils, at this Time paft had fo fore troubled the Peace of this Kirk and Kingdom, it was reprefented to his M~a jetties Commiflioner,, fey this Afiembly, that, befide many other, the main and mo ft pater j all Caufes were, firft, the preffing of this Kirk by the Prelates, with a Service Book, or Book of Common -Pra\er, without Warrant or Direction from the Kirk, and containing^ befide the Popifn Frame thereof, divers Popiili Errours and Ceremonies, and the Seeds of manifold and groffe Superfliti- ons and Idolatrie, with a Book of Canons, without War- rant or Direction from the Generall Affembly, eilablifhing a. tyrannicall Power over the Kirk, in the Perfons of the Bi- fliops, and overthrowing the whole Difcipline and. Govern- ment of the Kirk by Ailemblies ; with a Book of Conlecrati- on and Ordination, without Warrant of Autboritie civil or scclefiaftical, appointing Offices in the Houfe of God which a.re not warranted by the Word o{ God, and repugnant to the Difcipline and Acts of our Kirl; ; and, with the High Com- rr/ilnon erected without the Con fen t of this Kirk, fubverting the Jurisdiction and ordinary judicatories of this Kirk, and giving tp Perfons meerly ecclefiarticall the Power of both S'.vords. and to Perfons meerly civil! the Power of the Keyes a r ,-;d Ivirk-Cenfurcs. A fecond Caufe was the Articles of Pcih. viz. the Obfervarion of Fcftivall Daves, kneeling at ^ Communion, Confirmation, Adminillration of the Sacra- ments in private Places, which were brought in by a null j^ifembly, and are contrary to the Confcffion of Faith, as it. was Rifant and (ibfcribccj anno ic8q. and divcrfe Times. fince, and to the Order and Conflifution of this Kirk, $dfy. The Change of the Government of the Kirk from the AiTcm- Wl(?§ of the Kirk, to the Perfons of iom/: Kirkmen pfbrping Priority Trelattck Novations abrogated. 53 Priority and Power over their Brethren, by the Way and under the Name of Epifcopall Government, againft the Con- feffion of Faith 15 80. againft the Order fet down in the Book of Policie, and againft the Intention and Conftitutions of this Kirk from the Beginning. ^thly. The civil! Places and Power of Kirkmen their fitting in Seffion, Gouncell. and Ex- chequer, their rjding, fitting, and voycing in Parliament, and their fitting in the Bench as Juftices ot Peace, which, according to the Conftitutions of this Kirk, are incompatible with their fpirituall Function, lift them up abjve their Bre- thren in worldly Pomp, and doe tend to the Hinderance of the Miniftcrie. $thty. The keeping and authorizing corrupt AJTemblies at Linlithgow 1606, 160S. at Glafgow \6\o. at A- her dene tja!itie foever, under aj] civill Eaines : Apd crduines the k\4 Ratification of the Covenant. 55 faicf Supplication, Aft of Councell, and Aft of the AiTem- bly, with the whole ConfelTion and Covenant itfelfe, to be* infert and regiftrate in the Afts and Books of Parliament : And alfo ordames the famine to be presented at the Entrie of every Parliament, and before they proceed to any other Aft, thrat the fame be piibllckly read and fworne by the whole Members of Parliament claiming Vovcc therein, o- therwife the Refufers to fubferibe and (wear the fame lhall have no Place nor Voice in Parliament And inch like or- daines all Judges, Magiftrct'tes, or othCr Officers of whatfo- ever Place, Rank of Qualiiie, and Minillers at their Entrie, fo fweafe and fubferibe the famine Covenant ; whereof, and of the laid Supplication, Aft of Councell, and Aft of the Affembry, the Tcnour follows, &c. The Supplication of the General! Jfjemhly conveened at Edin- burgh the \1th c/~Augu(l 1639. to his Majeflics Hig mijfioner^ and the Lords of bit MajiflidS Honourable 1 ' CouncelL WEE the General! Affcmbly, confidering with all hum- ble and thankfull Acknowledgment the many recent Favours beftowed upon us by His Mqjdtie, and that there' refteth nothing for crowni.\g of his Majeflics incomparable Goodnelle towards us, but that all the Members of I and Kingdome be joyned in one and the fame Conic (Bon l Covenant with God, with the kings Majeftic, and amt 1 ourfelvcs : And conceiving the main Lett aoc to this fo good a Work, and Co much wiilied by all, to have been the Informations made to his Majeftu ike off civill and ductifull Obcdief) to dimTniiq the Kings Greatnefle qd I being moil willing and dcfirous to re an J all fi ! cdiments which mav hinder and rnipcd Ml Union, and for clearing oi our I. oval:: C the refl ol ( 1 whom we rep&fenr, d< I C : ; t tO \ 1 mod Honourable Prific c: uncell, - $6 Ajfemhlys Supplication rat [fie J. have any Thought of withdrawing ourfelves from that nub- ble and duetifull Obedience to his Majeftie, and to his Go- vernment, which by the Defcent, and under fhe Reigue of 107 Kings, is moft chearfully acknowledged by us and our Predeceff )urs ; and that we never had nor have any Inten- sion nor Deflre to attempt any Thing that may rend to the Difhonxmr of God, or the Diminution of the Kings Great- iieiTe and Authoritie : But, on the contrary, acknowledging our Quietnefle, Stabilise and Happineife to depend upon the Safety of the Kings Majefties Perfon, and Maintenance of his Greatneffe and Royall Authoritie, who is Gods Vice- gerent fet over us for the Maintenance of Religion and Mi- niftratiori of juftice, wee have folemnly fworn, and do fweare, not only our mutuall Concurrence and Affiftance for the Caufe of Religion, and to the uttermoft of our Power, with our Meanes and Lives, to fland to the Defence of our dread Soveraigne his Perfon and Authority, in the Preferva- tion and Defence of the true Religion, Liberties and Lawes of this Kirk and King-dome ; but alfo, in every Caufe which may concern his Majefties Honour, lliall, according to the Lawes of this Kingdome, and the Duties of good Subjects, concurre with our Friends and Followers, in quiet Manner, or in Amies, as we (hall be required of his Majeftie, his Councell, or any having his Authority. And therefore, being moft defirous to clear ourfelves of all Imputation of this Kind, and following the laudable Example of our Pre- deceffours 15*89. do moft humbly fupplicate your Grace, his Majefties CommifTioner, and the Lords of his Majefties moft: Honourable Priyie Councell, to injo'yn by Af our Fidelity to God, and Loyalty to our King, wee have fubferibed, be fubferibed by all hrs Majefties Subjecls of whai Ranke and Quality foever. The Aci of his Majefties moft honourable Privie Councell at Edin- burgh, Auguft 30. anno 1 djp. containing the /Infwer of th& Supplication above -written. THE which Day, in Pretence of the Lord Commiflioner, and Lords of Privie Councell', compeared perfonally J,hr, Acl of Trivy Council ratified. 57 John Earl of Rothes, James Earl of Montrofe, John Lord Lex* 4oun y Sir George Stirling of Keir Knight, Sir Willigm Dough fs of Cavers Knight, Sir Henry Wood of Bonytcun Knight, John Smyth Burgeffc of Edinburgh, Mr. Robert Barcley'Vroveft of Irwing, Mr. Alexander Henderfon Minifter at Edinburgh, and Matter Archibald Johnfteun Clerk to the Generall Aflembly, and, in the Name of the prefent fitting Generall Aflembly, gave in to the Lord Commiffioner, and Lords of Privie Conn- cell, the Petition above v/ritten ; which being read, heard, and confidered by the faids Lords, they have ordained, and ordain the fame to be infert and regiftratc in the Bookes of Privie Gouncell ;and, according to the Defire thereof ordaines the faid Confeffion and Covenant to be fubferibed in Time comming by all his Majefties Subjects of this Kingdome, of what Rank and Quality foever. The AcJ of the Generall Affembly ordaining, by Ecclefaflicall Att* thoritie, the Subfcription cf the Confeffion of Faith and Cove- nant. THE Generall AITembly confidering the great Happineffe which may flow from a full and perfect Union of this Kirk and Kingdome, by joyning of all in one and the fame Covenant with God, with the Kings Majeftie, and amorgft ourfelves, having, by our great Oath, declared the Uprightres and Loyalty of our Intentions in all our Proceeding?, and having withall fupplicated his Majefties High Commiffioner, and the Lords of his Majefties honourable Privie Councell, to injoyne, by Act of Councell, all the Lieges in Time com- ming to fubferibe the Confeffion of Faith and Covenant, which, as a Teftimony of our Fidelity to God, and Lojalty to our King, we have fubferibed ; and feeing his Majefties High Commiffioner, and the Lords of his Majefties honour- able Privie Councell, have granted the Defire of our Suppli- cation, ordaining, by civil Authority, all his Majefties Lie- ges in Time comming to fubferibe the fore fa i nt, that our Union may be the more full and perfect, we, by our Act and Conftiturion Va -cltliafticall, do approve the fore- faid Covenant, in all the nd Claufcs thereof, and or- dailies that all the li Md 58 Aft of JffemUy ratified. Matters of Univerfities; Colledges and Schoolcs ; all Schol- lers at the palling of their Degrees ; all Perfons fufpefl of Papiftry, or any other Errour ; and finally, all the Members of this Kirk and Kingdome. (ubfcribe the fame, with thefe "Words prefixed to their Subfcription : The Article of this Covenant, which was at the fir ft Subfcription referred to the De- termination of the Generall Affembly, being determined, and there- hy the five Articles of Perth, the Government of the Kirk by B'u /hops, the civill Places and Power of Kirk Men, upon the Reafons and Grounds contained in the Ails of the Generall Affembly, de- clared to be unlawfull within this Kirk, wee f ubfcribe according to the Determination for ef aid. And ordaines the Covenant, with this Declaration, to be infert in the Regifters of the Af- femblies of this Kirk, Generall, Provinciall, and Presbyteriall, ad perpetuam rei memoriam\ and in all Humility fupplicates his Majefties High Commiflioner, and the honourable Eftates of Parliament by their Authority, to ratifie and injoyne the fame, under all civill Paines, which will tend to the Glory of God, Prefervation of Religion, the Kings Majefties Ho- nour, and jperfecl Peace of this Kirk and Kingdome. The Confejpon of Faith, fubfcribei at fir (I by the Kings Majefiie and his Houflwld, in the Ye are of God 1580. thereafter by Perfons of all Ranies in the Teare 15-81. by Ordinance of the Lords of the fecret Councell, and Acls of the Generall Affembly % fubfcribed again by all Sorts of Perfons in the Teare 15 90. by a new Ordinance of Councell at the Defirc of the General Affembly, with a generall Band for Maintenance of the true Religion and the Kings Perfn, and fubfcribed in the Tear 1638. by us, Noblemen. Barons, Gentlemen, Burgefier, Mini- fters and Commons ihen under fubfcribing ; together with our Refolution and Promt fes, for the Caufe* after fpecified, to maine- taine the fai I true Religion, an / the Kings Majefiie according to the Confcffion forefaid 1 anl 4i~is of Parliament. And now, vpon the Supplication of tl>e Generall Affembly. to his MajeQies High Commitjioncr, and t he Lords of his Majefties Honourable Privy Councell, fubfcribed again in the Teare 1639. by Ordi- nance of Councell, and Aft of the Generall Ajfe?jrbly. WE all. and every one of us underwritten, proteft, that, after long and due Examination of our ovvne Confci- ences, The Covenant as firflfivorn anno 1 580. 59 ences, in Matter? of true and falfe Religion, wee are now throughly relolved of" the Trueth. by the Word and Spirit of God ; and therefore wee believe with our Hearts, con- feife with our Mouths, fubfcribe with our Hands, and conltantly affirme before God and the whole World, that this oneiy is the true Chriftian Faith and Religion plea- fing God, and bringing Salvation to Man, which now is, by the Mercie of God, revealed to the World by the Preaching of the blefled Evangel, and received, be- leeved, and defended by many and lundry notable Kirks and Realmes, but chiefly by the Kirke of Scotland, the Kings Majeflic, and the three Ejlates of this Rea/me, as Gods eternal 1 Trueth, and onely Ground of our Salvation, as more parti- cularly is exprefled in the Confeflion of our Faith, ftablilhed and publickly confirmed by fundry Acts of Parliaments, and now of a long Time hath beene openly profefled by the Kings Majeitie, and whole Body of this Realme both in Burgh and Land. To the which Confeflion and Forme of Religion wee willingly agree in our Conlciences in all Points, as unto Gods undoubted Trueth and Veritie grounded one- ly upon his written Word. And therefore wee abhorrc and deteft all contrarie Religion and Doctrine ; but chiefly all Kind of Papiftrie in general and particular Heads, even as they are now damned and confuted by the Word of God and Kirk of Scotland : But in fpecial we deteft and refufe the ufurped Authoritie of that Roman Antichrift upon the Scrip- tures of God, upon the Kirk, the civill Magiirrate, and Con- fciences of Men ; all his tyrannous Lawcs made upon indiffe- rent Things againft our Chrillian Libcrtic \ his erroneous Doctrine againft the Sufficiencie of the written Word, the Perfection of the Law, the Orlice of Chrift and his blefled Evangel; his corrupted Doctrine concerning originall Sinne, our naturall Inabilitie and Rebellion to Gods Law, our Jufti- fication by Faith only, our imperfect SancTification and O- bedience to the Law, the Nature, Number and \J(c of the Holy Sacraments; his five baftard Sacraments, with all his Rites, Ceremonies, and falfe Doctrine added to the Miniftra- tion of the true Sacraments, without the Word of God ; his cruell Judgment againft Infants departing without the Sacra- ment ; his abfolutc Ncccflitic of Baptifmc ; his blafphcmous Opinion of Traniubftantiatiun, or icall prcilncc of Chrifts Hodv 60 'The Covenant as firft fivorn anno 1580. Body in the Elements, and receiving of the fame by the "Wicked, or Bodies of Men; his Difpenfations with folemne Oaths, Perjuries, and Degrees of Marriage forbidden in the "Word; his Crueltie againft the Innocent divorced; his di- vellifh MaiTe j his blafphemous Pricfthood ; his profane Sa- crifice for the Sins of the Dead and the Quicke; his Cano- nization of Men, calling upon Angels or Saints departed, •worshipping of Imagerie, Reliefs and Crofies, dedicating of Kirks, Altars, Dayes, Vowes to Creatures ; his Purgatorie, Prayers for the Dead, praying or fpeaking in a ftrange Lan- guage, with his Proceitions, blafphemous Letanie, and Mul- titude of Advocates or Mediators ; his manifold Orders, Au- ricular ConfefTion ; his defperate and uncertain Repentance ; his generall and doubtfomc Faith ; his Satisfactions of Men for their Sinnes ; his Juftification by Works, opus operatum^ Works of Supererogation, Merits, Pardons, Peregrinations and Stations ; his Holy Water, baptizing of Bells, conjur- ing of Spirits, crofting, failing, anointing, conjuring, hallow- ing of Gods good Creatures, with the fuperftitious Opinion joyncd therewith ; his worldly Monarchic and wicked Hierar- chie •, his three folemne Vowes, with all his Shavelings of fundry Sorts ; his erroneous and bloudie Decrees made at Trent, with all the Subfcribers and Approvers of that cruell and bloudie Band, conjured againft the Kirk of God : And, finally, we deteft all his vain Allegories, Rites, Signes and Traditions brought in the Kirk, without or againft the Word of God, and Doctrine of this true reformed Kirk : To the which wee joyne ourfelves willingly in Doctrine, Faith, Religion, Difcipline, and Ufe of the Holy Sacraments, as lively Members of the fame in Chrift our Head, promising and fwearing, by xht Great Name of the Lord our God, that wee ihall continue in the Obedience of the Doctrine and Difci- pline of this Kirk, and fhall defend the fame, according to cur 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 Judgment : And fee- jng that many are flirred up by Sathan, and that Roman Antichrift, to promife, fvveare, fubferibe, and for a Time ufe the Holy Sacraments in the Kirk deceitfully, againft their own Gonfciences, minding thereby, firft, under the externall Cloak of Religion, to corrupt and fubvert fecretely Gods true The Covenant as fir ft fivorn anno 1580. 61 Religion within the Kirk, and afterward, when Time may ferve, to become open Enemies and Perfecutors of the iame # under vain Hope of the Pope's Difpenfation deviled againft the Word of God, to his greater Gonfufion, and their douole Condemnation in the Day of the Lord Jeius : We therefore, willing to take away all Sufpicion of Hvpocrifie, and uf Inch double Dealing with God and his Kirk, proteft. and cail the Searcher of all Hearts for WitnefTe, that our Mindes and Hearts doe fully agree with this our Coufefion, Picn ife. Oath jnd ^uB- fcrtption, fo that we are not moved fur any worl^lv Relpecl but are perfv/aded only in our Conferences, through the Knowledge and Love of Gods true Religion, printed in our Hearts by the Holy Spirit, as wee thall anfwere to him in the Day when the Secrets of all Hearts fhall be dilcloted : An J be- caufe wee perceive that the Quiernes and StabiKtie ol our Religion and Kirk doth depend upon the Safe-tie a Behaviour of the Kings Majeftie, as upon a comfortable in- ftrument of Gods Mercy granted to this Countrey for the maintaining of his Kirk, and Minillration ui Jultice amoi.gft us, we proteft and promife with our Hearts, under the lame Oath, Hand- Writ and Paines, that wee (hall deiend his i y er- fon and Authorise, with our Goods, Bodies and Lives in the Defence of Chrift his Evangel, Liberties of our Coin - Minillration of Juftice, and Punilhmcnt of iniquitie ag all Enemies within this Realme, or without, as wee delire our God to bee a ilrong and merciful De lender to us in the of our Death, and comming of our Lord J'-fii$ Chrift : To whom, with the Father and the Holy Spirit, be all Honour and* Glory eternally. LIKEAS many Acts of Parliament, not only in generall do abrogat, annul 1 and refcind all Laws, Statutes, A&S, Conftitutions, Canons eivill or municipal 1, with all other Or- dinances and pr« clique Penalties whatioevxr, made in Preju- dice of the true Religion and Pi or oi the true Kirk Difcipline. Jurifdiclion and Ereedome thereof in favquri oi IdoUtnc and Superflttion, or of tb< call Kirk; as AH 3. 'n. 114. Pari. 12 ol VI. that Papiilrie Superftition may be utt< lion of the A els of Parliament re] "% ■». T\ '« n.T 7 : -/* \ I Hl.l fn flnf Rn.l t '• i* all Pa. 6z haws warranting the renewing thereof. pifts and Priefts to be puniftied by manifolde civill and Ec- clefiafticall Pames, as Adverfaries to Gods true Religion preached, and by Law eltabliihed within this Realme, Aft 24 Pari. 11. King James VI. as common Enemies to all Chriltian Government, Aft 18. Pari 16. King James VI. as Rebelled and Gainftander* of our Soveraigne Lords Au- thority Aft 47. Pari. 3. King James VI. and as Idolaters, Aft 104. Pari. 7. King James VI. But alfo in particular (by and at&our the Confeflion of Faith) do aboliih and condemne the Popes Authority and Jurifdiction out of this Land, and ordain the Maintainers thereof to be puniftied. Aft 2. ParL \. Aft 51. Pari. 3 Aft io<5 ParL 7. Aft 114. ParL 12. King James VI. do condemn the Popes erroneous Doctrine, or any other erroneous Doctrine repugnant to any of the Articles of the true and Chriftian Religion publikely preach- ed, and by Law eftabliftied in this Realme : And ordainc the Spreaders and Makers of Books or Libels, or Letters or Writs of that Nature, to be puniftied Aft 46. Pari. 3. Aft 106. ParL 7. Aft 24. ParL 11. King James VI. do con- demn all Baptifm conform' to the Popes Kirk and the Ido- latry of the MafTe, and ordain all Savers, wilful Hearers and Concealers of the MafTe, the Maintainers and Refetters of the Priefts, Jefuits, traffiquing Papifts, to bee puniftied with- out any Exception or Reftriclion. Aft 5. ParL 1. Aft 120. ParL 12. Aft 164. Pari. 13. Aft 193. ParL 14. Aft 1. Pari. 19. Aft 5-. Pari. 20. King James VI. do condemne all erroneous Bookes and Writs, containing erroneous Doc- trine againft the Religion prefently profeffed, or containing fuperftitious Rites and Ceremonies Papifticall, whereby the People are greatly abufed. and ordain the Home-Bringers of them to be puniftied. Aft 25*. Pari. 1 t. King James \ I. do condemn the Monuments and Dregs of bygone Idolatry , as going to the Cr fTes. obferving the Feftivall Dayes of Saints, andfuch other fuperftitious and Papifticall Rites, to the Dif- honour of God. Contempt of true Religion, and foftering of great Errour among the People j and ordain the Ufers of them to be puniftied for the fecond Fault as Idolaters, Aft 104. ParL 7. King James VI. Likeas many Acls of Parliament are conceived for Mainte- ra:;ce of God's true and Chriltian Religion, and the Purity thereof Laws warranting the renewing thereof. 63 thereofin Doctrine and Sacraments of the true Church of God, the Liberty and Freedome thereof in her Nationall and Sy- nodall Aflemblies, Presbyteries. Seffions, Policie. Difciplinc and Jurifdiclion thereof, as that Purity of Religion and Liberty of theChurch was ufed, profeffed, exerciied, preach- ed and confefTed according to the Reformation of Religion in this Realme; as for Inftance, the 99 Aft, Pari. 7. Act 23. Pari. 11. Att 114. Pari. 12. Aft 160. Pari. 13. of K. James VI. ratified by 4 A?l of King Charles. So that the 6 Att % Pari. 1. and '68 Atf % Pari. 6. of King Janes VI. in the Yeare of God 15-79. declare the Miniftcrs of the blefTed Evangel, whom God of his Mercie had raifed up, or here- after lhould raife, agreeing with them that then lived in Doc- trine and Adminiftration of the Sacraments, and the People that profefTed Chrift 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 admini- ftrate) according to the Confoffion of Faith, to bee the true and holy Kirk of Chriir Jefus within this Realme, and difcerne and declare all and fundry, who either gainfay the Word of the Evangel, received and approved, as the Heads of the Confeflion of Faith profefled in Parliament, in the Yeare of God 15-60. fpecified alfo in the firft Parliament of King James VI. and ratified in this prefent Parliament, more par- ticularly doe fpecifie. or that refutes the x^dminifrration of the h'.lv Saciaments as they were then miniitratcd. to be no Members of the faid Kirk within this Realme, aid true Reli- gion prefently profefled, fo long as they keep themlllves fo divided from the Socictie of Chriit's Bod) : And the fuble- qucnt Att 69. Pari. 6. of King Ja-»es VI. declares, that there is none other Face of Kirk, nor other Face of Religion* than was prefently at that Time bv the Favour of God eita- bliilied within this Realme which is therefore ever itil- ed. Gids trie Religion^ Chri'fi true Religion, the true crd Chri/tidn Religion auJ a perfeft Religion which A As of Parliament, all within thi^ Realme are [ profefie, to fubferibe the Articles thereof the ConfcfTron of h, to recant all Doctrine and Errours repugnant to any of the faid Art 46 47. Part. 6. x :. 04 Laws warranting the renewing thereof. ii. Aft 123. Pari. 12. Afts 194 and 197. P#;7. 14. of King Javes VI. And all Magiftrates, Sheriffs, &<;. on the one Part, are ordained to fearch, apprehend, and pnnifh all Gon- traveeners. For Inftance, Aft 5 . Pari. 1. Aft 104. Pari. 7. ^# 25. Ptf/7. 11. K. James VI. and that notwithftanding of the Kings Majefties Licences on the contrary, which are difcharged and declared to be of no Force, in fo far as they tend in any waves to the Prejudice and Hinder of the Execu- tion of the Acts of Parliament againft Papifts?and Adverfaries of true Religion, Aft 106. Pari. 7. K. James VI. On the other Part, in the 47 Aft, Pari. 3. K. James VI. it is de- clared and ordained, feeing the Gaufe of Gods true Religion, and his Highnes Authority, are fo joyned, as the Hurt of the one is common to both, and that none mall be reputed as lo> all and faithf.ull Subjects to our Soveraign Lord, or his Aur tlmrity, but be punifhable as Rebellers and Gainftanders of the fame, who mall not give their Confeffion, and make their Profeffion of the faid true Religion ; and that they who after Defection fliall give the ConfefTion of their Faith of new, they fliall promife to continue therein in Time comming, to maintaine our Soveraigne Lords Authority, and at the ut- termoft of their Power to fortify, a (fill and maintain the true preachers and Profeflburs of Chrifls Evangel, againfl whatfo- ever Enemies and Gainftanders of the fame : And, namely^ againft all fuch (of w r hatfoever Nation, Eftateor Degree they be of) that have joyned and bound themfelves, or have aflift- ed, or aflift to fet foreward and execute the cruell Decrees of the Councell of Trent, contrary to the true Preachers and Profeflburs of the Word of God, which is repeated Word bv Word in the Articles of Pacification at Perth, the 23d of February 15*72. approved by Parliament the laft of April IS13 ratified in Parliament 1587. and related Aft 123. Pari. 12. of K. James VI. with this Addition, that they are bound to refift all treafonable Uproares and Hoftilities raifed againft the true Religion, the Kings Majefty, and the true Frofeflbrs. Likeas all Leip-es are bound to maintain the K. o Majefties Royall Perfo.11 and Authority, the Authority of Parliaments, without the which neither any Lawes or law- full Judicatories can be eftablifhed, Afts 130 and 131. Pari. 2. K. James Yl, and the Subjects Liberties, who ought only to Laws warranting the renewing thereof, to live and be governed by the Kings Lawes, the con: Lawes of this Realm allanerly, Act 48. Pari. 3. K. Jum\ Acl 79. Pari. 6. K. James IV. repeated in the Aft I 13. Part* S. K. James VI. Which, if the), be innovated or prejudged, the Gommiffion anent the Union, of the two Klhgdomss of Scotland and England, which is the fole Aft of the ijth Part, cfK. James VI. declares fuch Confufion would enfue this Realm could be no more a free Monarchic, becaufe, by the fundamental! Lawes; ancient Privilege:, Offices and Li : berties of this Kingdom, not onely the Princely Authority of his Majeftics Royal Defcent hath beene thefe many. Ages maintained, but alfo the Peoples Security of their Lands, Livings, Rights, Offices, Liberties and Dignities preferved. And therefore, for the Prefervation of the (aid true Religion, Lawes and Liberties of this Kingdom, it is flatute by JfiS. Pari/ 1. repeated in the 99th Act, Pari.-, ratified In the ijj j4£i % Pari. 1 1. and Act 114. Pari. 12. of K. games VI. and A (1 4.ofK. Charles, that all Kings and Princes, at ifieJr Co- ronation and Reception of their Princely Authority, wall make their faithful! Promife, by their folcmne Oath in the Prefence of the eternal God, that, enduring the whole Time of their Lives, they fhall ferve the fame eternal God to the uttcrmoft of their Power, according as he hath required in his mod holy Word, contained in the Old and New Teft&iK And, according to the fame Word, fhall maintain the true Religion of Chrift Jefus, the Preaching of his holy W the due and right Adminiftralion of the Sacraments now re- ceived and preached within this Real me (according fconfeflion of Faith immediately preceeding) and (ball and gamftand all falle Religion contrary to the fa fhall rule the People committed to their Charge, a< /111 and Command of G Vfor&t and according to the Lowes and Gondii ed in thti Rcalnfe, nowayes repugnant the eternal God, and (hall procure, to Power, to the Kirk of God, true in all Tir , Enemies to the t 66 The Covenant as renewed anno 1638. was alfo obfcrved by his Majeftie, at his Coronation at E- dinburgh 1633. as may be fcen in the Order of the Corona- tion. In Obedience to the Commandement of God, conform to the Practice of the Godly in former Times, and according the laudable Example of our worthy and religious Progeni- tors, and of many yet 'living amongft us, which was war- ranted alfo by Act of Councell, commanding a generall Band to bee made and fub'fcribed by his Majefties Subjects, of all Ranks, for two Gaufes : One was for defending the true Religion, as it was then reformed, and is expreffed in the Confeflion of Faith above written, and a former large Confeflion eftablifhed by fundry Acts of lawful Generall Af- femblies and of Parliament, unto which it hath Relation, fet down in publick Carechifmes, and which had beene for ma- ny Yeares, with a Bleffing from Heaven, preached and pro- feifed' in this Kirk and Kingdom as Gods undoubted Truth, grounded onely upon his written Word. The other Caufe was for maintaining the Kings Majeftie his Perfon and Eftate, the true Worihip of God and the Kings Authority being fo ftra'uly joined, as that they had the fame Friends and com- mon Enemies, and did ftand and fall together. And finally, being convinced in our Minds, and confefling with our Mouths, that the prefent and fuccceding Generations in this Lan4 are bound to keep the forefaid Mationall Oath and Subfcrip- tion inviolable, we Noblemen, Barons, Gentlemen, Burgef* fes, Minifters and Commons underfcribing, confidering di- vers Times before, and efpecially 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 Inno- vations and Evils generally contained and particularly men- tioned in our late Supplications Complaints and Protec- tions, doe hereby profeffe and before God, his Angel?, and the World, folemnh declare That, with our whole Hearts, wee agree and refolve, all the Dayes of our l.ile, conftantly to adhere unto and to defend the forefaid true Religion, and (forbearing the PracYife of all Novations already introduced in the Matters of the YVorfhip of God, or Approbation of the Corruptions of the publick Government of the Kirk, or civiU Places and Power of Kiikmen, till they be tryed and allowed The Covenant as renewed anno 1 63 8. 67 allowed in free Affemblies and in Parliaments) to labour by all Meanes lawfull to recover the Purity and Liberty of the Gofpel, as it was eftablifhed and profelTed before the forefaid Novations : And becaufe, after due Examination, wee plainly perceive and undoubtedly beleeve, that the In- novations and Evills contained in our Supplications, Com- plaints and Proteftations. have no Warrant of che U ord of God, are contrary to the Articles of the forefaid Confell; r.s, to the Intention and Meaning of the blefled Reformers of Religion in this Land, to the above written Afts of Parlia- ment, and doe fenfibly tend to the re- eftabli flung of the Po- pifh Religion and Tyranny, and to the Subversion and Ruine of the true Reformed Religion, and of our Liberties, Lawes and Eftates, we alfo declare, That the forefaid Con- felTions are to be interpreted, and ought- to be underftood of the forefaid Novations and Evills, no lcfTc than if every one of them had been exprelTed in the forefaid Confcffions, and that wee are obliged to deteft and abhorre them among!! o- ther particular Heads of Papiftry a jmed therein. And therefore, from the Knowledge and Conluenccs of our Du- ty to God, to our King and Countrey, without any world- ly Refpect or Inducement, fo farre as humane Infirmit) will uirfcr, wiihing a further Meafurc of the Grace of God for this EfFecT:, we promife and fweare, by the Great Name of the Lord our God, to continue in the ProfcfTion and Obedience of the forefaid Religion, that wee fhall defend the fame, and refift all thefe contrary Errours and Corruptions according to our Vocation, and to the uttermoft of that Power God hath put in our Hands, all the Dayes of our Life. And in like Manner, with the fame Heart, wee declare, before God and Men, that wee have no Intention nor Dtfnc to at- tempt any Thing that may turn to the Diihohour of ( or to the Diminution of the Kings Greatneife and Authority i But, on the contrary, wee promife and fweare. That WCC fliall, to the uttermoft of .our Power, with our Mefl Lives, (land to the Defence of our dread Sowaignc the Kings Majcftie his Pcrfon and Authority, in the Dcfc anJ Prcfervation of the forefaid true Religion, Libci and Lawes of the Kingdome : As alio to the mutual] I fence and AlHltancc every one of us of another, in the I 68 3w Covemni as renewed anno 1638. Ccnfe of maintaining the true Religion and his Majefties Authority, with our belt Counfell, our Bodies, Mcanes, an4 whole Power, againft all Sorts of Perfons whatfoever ; fo fnat v/hatfoever ihall be done to the lead of us for that Caufe, ihall be taken as done to us all in generall, and to every one of us in particular. And that we (hall neither di- reqly nor indirectly lufFer ourfelves to be divided or with- drawn by whatfoever Suggeflion, Allurement, or Terrour, from this blefled and loyall Conjunction, nor flia.ll call in any Let or Jmpedirnent that may (lay or hinder any fuch Refoluticn as by common Content fhall be found to conduce for fo good Ends •, but, on the contrary, fhall by all lawfull Mcanes labour to further and prornove the fame. And, if any fuch dangerous and divifive Motion be made to us by "Word or Writ, we, and every one of us, fliall either fup- prefs It, pr, if need bee, fhall incontinent make the fame, Jtnown, that it be timoufly obviated. Neither doe wee fear the foul Afperfions of Rebellion, Combination, or what elfe qur Adverfaries from their Craft and Malice would put upon us, feeing what wee doe is fo well warranted, and ariieth from an unfained Defire to maintain the true Worfhip of God, the Majcfty of our King, and Peace of the King- dome, for the common Happineffc of ourfelves and the Po- sterity , And becaufe wee cannot look 4br a Bleffing from Pod upon our Proceedings, except with our profeffion and Subscription wee joyne fuch a Life and Ccnverfation as be- feemeth Chriftians who have renewed their Covenant with God, wee therefore faithfully promife, for ourfelves, our Followers, and all others under us, both in publike, in our particular Families and perfonall Carriage, to endeavour to keepe ourfelves within the Bounds of Chriftian Libertie, ancj to be good Examples to others of all Godlinefle, Soberneife, and RighteoufneiTe, and of every Duty wee owe to God and Man. "And, that this cur Union znd Conjunction may bee obferved without Violation, wee call the Living God, the sarcher of our Hearts, to witneffe, who knowerh this to be cur nncere Defire and unfained Resolution, as wee fliall anfwe'f |G Jcfus Chritt in the great Day, and under the Pain of Gods svcrlamng W'rath', ancl of Infamie and LofTe of all Honour humbly befeechjng the The Lhurcpl i/&~*Jacy abrogate J. ?t Lord to ftrcngthen us by his Holy Spirit 10. .uj Aflemblr to blcfic our Defi es and Proceedings with a happy Succelft, that Religion and Righteoulhefle may flourifh in the Land, he Glory of God, the Honour of our King, and Peace and Comfort of us all. In witncfle whereof, wee have iub- Jcribed with our Hands all the Premiffes. The Article of this Covenant, which was at the fir ft Sut/crfo* tion referred to the Determination of the General/ Ajptmtfy, being determined, and thereby the five Articles of Perth, the Gov em- went of the Kirk by Bif;ops y the civill Places and Power of Kir the Reafons and Grounds contained in the Acts of the General) Ajfembly, declared to be unlawful! wiibin this Kirk % : Jul fc rile according to the Determination for ej aid. AX VI. Art Refcifforie *. fnOHE Eftates of Parliament, prefently conveened by his X Majclties fpecial Authority, confidering that the- Of- fice of Bifliops and Archbilhops, and all other Prelates, the civil Places and Power of Kirkmen, as their voycing and ryding in Parliament, are condemned by the Aflemblies of fhis Kirk ; and considering the feverall Acts and Complaints of this Kirk unto Parliaments, from Time to Time, againft . [peciallv of Prelates, their attempting to vote or any Thing in Name of the KUk, without cither bearing Office in the Kirk, or having Commilfion from the K with her frequent Supplications to the Parliament for dif- folving all Prelacies ; copfidcring alio the Petition of the niniflioners of the lare Generall Aflemuly, humbly craving Rcfciflion of alj Aij(h ops ; the firft AS 1612. a- Laws for Prelacy abrogated. ft CCnt the Ratification of the Acts of the pretended AfTembly of Glafgow \6\o. the nrft and fecond Acts i 6 j 7. anent the Election of Bifhops and Reftitution of Chapters, without Prejudice alwaies to the Miniliers ferving the Cure, of E* moluments allowed to them in Part of their Stipend ; the firil Act 1621. anent the Ratification of the Articles of the pretended AfTembly holden at Perth. And finally, the Im- itates forefaid, conveened by Authority, refcindes and an- nulls all and whatfoever Acts of Parliament, Lawes and Con- ftitutions, in fo far as they derogate and are prejudiciall to the fpirituall Nature, JurifdicYion, Difcipline, and Priviledges of this Kirk, or of her Generall, Provinciall. Presby teriall AfTemblies and Kirk-Seffions, and fo far as they are conceiv- ed in favours of Archbifhops, Bifhops, Abbots, Priors, and other Prelates or Kirkmen whatfoever, their Dignity, Ti- tle, Power, JurifdicYion and Eirate in this Kirk and King- dome, or in favours of the civill Places and Power of Kirk- men, of whatfoever Sort, allowed or difallowed, for their riding, fitting, and voycing in Parliament, either as Kirk* men, or the Clergy, or in Name of the Kirk, or as repre- fenting the Kirk, either in regard of their Ecclefiaftick Ti- tles, Offices, Places, and Dignities, or in regard of the Tem- porality or Spirituality of their Ecclefiaftick Benefices, or o- ther Pretext whatfoever, wirh all Acts and Conftitutions (if Convention, Councell, or SefTion, or other Judicatory what- foever, and all PracYifes and Cuftomes whatfoever, introdu- ced in favours of the faids Offices, Titles, Benefices, or Per- fons provided thereto : And declares all Perfons, civill or ecclefiafticall, ceniured, deprived, confined, or banilhed. by Venue of whatfoever Acts, Decreets, or Sentences, given and pronounced by the faids Archbifhops and Bifhops, or ci- thers their Colleagues and Aflociats in their Ecck/iaflicall rrs holden by Venue of the Acts forefaids. or arij them, or by Vertue of the pretended High CotnrarJJvon, and all Acts intcrponcd thereto agnii not Obedience of the I : them, w I arc now repealed, as laid ir, or for not acknou their faids Courts, or for their | I Contumacy, ipearancc to anfv.-cr befi ro be null anc A\ail, Force, nor 1 :o be re- IloicJ 72 Arient jldmiffion of Ititipifti ftored and reponed againft the fame, fuchlike as if the famine had never been given nor pronounced. Acl VIII. Aneht Admiffion tfMintjlcrs to Kirks which belonged to Bijhopricks. THE Eftates of Parliament, prefently conveened by his Majefties fpecial Authority, confidering that the Right of Patronage and Power of preferring of Minifters to divers Kirks within this Realme, have been acclaimed and poifefled by the fometime pretended Bifhops and Archbilhops within this Kingdome. by vertue of the 2d Aft of Parliament 1606. anent the Reftitution of the Eftatc of Bifhops, or by fome other Right, or Pretence of Right, to the very great Grief and Prejudice of this Kirk, her juft Liberty and Pofleifi- on fince the Reformation, by Superintendents, and the Com- miffioners of the Kirk before the Erection of Presbyteries ; and fince by Presbyteries themfelves, who have been re/pec iive in Pofieffion, for providing and planting of all Kirks with- in this Kingdome, belonging to the Bifhopricks, and that even fince their Annexation 15 S7 . upon the Sine and Calling of the Congregations and Paroches, where the Minifters were to ferve in the Funftion of the Miniilerie, which is moft evi- dent by the 7 th Aft of the ill: Parliament of our deareft Fa- ther, in the Yeare 1567. and by the Aitignation to Minifters of Stipends out of the Thirds of Benefices, and Letters of Horning conftantly ufed to bee direft by Deliverance of the Lords of Seffion upon the Provisions and Admiflions of Minifters to the faids Stipends of the Thirds of Benefices, by Superintendents, Commissioners of the Kirk, and Presbyteries refpeflive, without any Prefentation at; all, both before and fince the Aft of Annexation 15S7. whereby the Minifters fo provided and admitted did brook and enjoy the Fruits and Rents alTigned, and their Stipends, during their Lifetime, and many of them yet living doe ftili brook and enjoy the -fame, And fuchlike, the forcfaid Privilege and the Right of the Kirk is evident by divers Afts of her Generall Aflemblies made there, anent, and by her frequent Grievances againft the Ufurpation of Prelats and others, upon her faid Right and Poflcifionj and efpecially by her Proteftation againft the foresaid two Afts of Parliament of King James the VI. his Elajeftiis Planting the Cktrch allowed to Tresbyteries. 73 while deareft Father, holden in theYeare 1606. whereby the Prelates pretended Right of Patronages and Advocation? of Kirks had defrauded the Kirk thereof. And now feeing the faid Aft of that Parliament in the Yeare 1 606. i refcinded, caf- fed and annulled in this prefent Parliament, and it is moll rca- fbnable that the Kirk be reftored, now after the Abolition ot the Eftate ofBiihops, to the wonted Right;, Privileges and Liberties which he had, and was in PoflefTion of before the the Reftitution of Bifhops, therefore the faids Eftates of Par- liament, conveened as faid is," deccrnes, flatutes, and or- daines, That, according to the faid ?th Aft of the firft Par- liament of the Kings Majefties umwhile deareft. Father, the full Power of providing of all Minifters to Kirks, which the faids pretended Biihops have been in Ufe to provide fince the faid Aft of their Reftitution 1606. ihall hereafter belong and appertaine to the Kirk : And that, in all Time coming, Prcf- byteries, (who are now in place of Superintendents and Corn- miflioncrs of the Kirk) within their feveral Jurifdiftions, fhill provide and admit Minifters to all thefe vacant Kirks, which before Were acclaimed by the forefaids Bifhops by the faid Aft of Reftitution i6c6. to the Fruits and Stipends thereof but Prejudice alwayes to any Patronages of Kirks, which be» long either to the Kings Majefty, or to an) L*ick Patron, or to any Nobleman, Baron, or Burgtfit Right and Pofleflion befoic thefe late Troubles *, and but Prejudice of the Interclt of the Parocbes, according to the Afts and Praftife of the Kirk finer 4 - the Reformation : And declares, That the faid Provifion and Admidion, with Collation and Inltitution following ihere- n, lhall be a fufficient Right and Title for the Intrant to pufTeilc and enjoy the whole Fruits, Rents and Stijx whatfoevcr belonging to the Kirk, and to the Minifies fer- - the Cure thereat. And ordaines the Lords of Scflion, all other Judges competent, to give out Decreets Sentences, Letters conforme, Horning and Inhibition, and ther Executorial!*, upon the faid Provifion 'mif- fi m of Minifters by Prcs'm tcries, Collation and Init: mion following thereupon, fuchlikc ns thev are in life to d<>e Dl I ; Inltitution following upon Prcfematiuns fi lawfull Patrons. *r K At 74 Laws again/} profaning the Sabbath. Afl IX. Dtfcharghig the going cf Salt -Pans and Mylnes up- on the Sabbath- Day. FOrfameikle as the Eftates of Parliament, prefently con- veened by his Majefties fpeciall Authority, confidering that Gods publick W or (hip upon the Sabbath-Day is hinder- ed, and the Sabbath- Day prophancd by the going of Mylnes and Salt Pans upon the Sunday ; for Remeed hereof, the fi- liates of Parliament, prefently conveened by his Majefties fpe- ciall Authority, difcharges and prohibires all Salt- Pans and Mylnes within this Kingdom, from all going, grinding, mak- ing of Salt, or anywayes working upon the Sunday in any Time hereafter : And ordaines the Salters, Millers, and o- ther Servants in the faids Mylnes and Salt-Pans, to attend Gods publick "Worfhip every Sunday hereafter, under the Paines and Cenfures contained in the Acts of the AiTcmbly, or other Kirk- Acts fet down hereanent. To the which Acts jhe faids Eftates of Parliament interpones the civil Sanction and Authority of Parliament for the better Execution there- of. Aft X. Difcharging Salmond Fifiing on Sunday. THE Eftates of Parliament, prefently conveenecTby his Majefties fpeciall Authority, confidering the great A- bufe and Prophanation of the Sabbath Day, occafioned by the fifhing of Salmond upon that Day, thereby many People are withholden from divine Exercife. and are employed in the ordinary Works of their Calling, Or ctherwayes have Oppor- tunity to miflpend their Time in unlawful Actions, contrary to the Law of God, and Acts of this reformed Kirk : There- fore, for Remeed thereof in all Time comming inhibites and difcharges all Manner of Salmond- Fiihing upon the Sabbath* Day, under the Paine to the Contravceners to be punifhed as Breakers of the Sabbath-Day, by the Confiscation of the Nets and Fiih to the Bchoofe of the Poore. Aft XI. Againjl Papi/Is. HE Eftates of Parliament, now prefentlv conveened by his Majefties fpeciall Authority, ratifies and approves all and whatfoevcr Acts and Statutes of Parliament, Convert T Slgainjt rapijts and Kejetters oj them. J 5 Convention, or Secret Councell, made againft Papifts, againft Sa)ers and Hearers of iMalle, and againft Jefuirs, Seminary Priefts, and againft excommunicate Perfons for Papiftry, or for reletting of Jefuirs and excommunicate Papifts, and a* gainft the Reietters of the fore/aids Perfons, or any of them, in the whole Heads and Articles thereof; and fp»cially, but Prejudice of the Generality forefaid, ratifies and approves the Act of Parliament made by his Majefties Father of blef- fed Memory, Part, 13 Cap 164. and Part. 14. Cap. 193, 194. and the Ac°c made, Pari. 20. Cap. 5. in the whole Heads and Articles thereof : And declares, that witting and wilfull refetting of the Perfons forefaids fhall be understood to be committed by rhefe, who (after lawful Intimation to be made at the Head-Burgh of the Shire where they dwell and make their Refidence for the mod Part, and at the Mar- ket CrolTc of Edinburgh, of the Names of the Jefuits, Semi- nary Priefts, and excommunicate Perfons for the Caufcs forefaid) refets the Perfons forefaids by the Space of three Nights together, or three Nights at feveral Times, (which is the Manner of Intimation prefcribed by the faid 13th ParL Cap. 164. and by the faid Pari. 20. Cap. 5-9. and that the Perfons Rcfetters, in Manner forefaid, mall be l)able to the Paine and Puniihmcnt contained in the faid Acts, without farther verifying of their Notice and Knowledge, except the Intimation forefaid. And alfo declares, that the faids Arts of Parliament, ratified as faid is, fhall comprehend not onely Men, but Women of all Quality, and that they and their Reietters mall be lyable to the Paines therein contained. And fuchiike the Eftates ratifies and approves the A61 of Parlia- ment made by his Majefties Father, Pari. \6. Cap. 17. in- tituled, Aol anent Kon -Communic ant s , and ordaines every Pcr- fon Non-Communicant to be lyable to the Paines therein contained. And wills and ordaines all Minifters within their Parochins, and all Presbyters within their Presbyteries to take Tryall and Cognition of the PremiiTes, and that as fully as the Biihops or Archbjfhops might have done by the fore- faids Afts, or any of them \ and abrogates the faids A(ft> in fo far as any Power is thereby granted to the faid Archbilhops and Biihops anent the Premiffi An J 6 -Si& ain ft Superftition. Jfl XII. Uncharging the Zule Vacance, and appointing the Sefi fori to fit clowne the firft of November, and rife the lali of February, and thereafter to ft doivue the fir ft of June, and rife the laft cf July ) ear eh. **T "" }iE Eftates oT Parliament, prefently convcened by his J Majefties fpeciall Authoritie, underftanding that the Kirke within this Kingdome is now purged of all fuper- {titious Obfervation of Dayes ; and herewith alfo considering that the keeping of the Zule Vacance hath not only Relation to that Superftition, and may ferve to keep the famine in Memory, but alfo that the keeping of the fa. id Zule Vacance hath interrupted the Courfe or Juftice in this Kingdome, to the Hinderance and heavie Prejudice of the Lieges thereof: Therefore the faids Eftates have difcharged, and /imply dif- charges the forefaid Zule Vacance, and all Obfervation there- of in Time comming, and refcindes and annulls all Acts, Statutes, Warrants and Ordinances whatfoever, granted at any Time heretofore for keeping of the faid Zule Vacance, with all Cuftome of Obfervation thereof and finds and declares the famine to be extincl, voyde, ai- j of no Force nor EiTecl in Time comming. And ordaines the Court s^nd ScfTion of the Colledge of Juftice, and Senarours and Members there- of to conyeerre and fit for the, Administration of Juftice, \jrithotrf any Interruption by the forefaid Zule Vacance, from the firft Day of November to the lair Day of February there- after inclufive yearely* And ordaines the faids Senatours and remanent Members of the Colledge of Juftice, to rife ihc faid i aft Day of February, and to cenveene and fit downe- againe, for Adminillrution of Juftice to the Lieges, the fir ft Pay of June yearly, and to rife the. laft Day "(July next thereafter faclnfhe. And alfo ordaines the whole remanent Ridges of inferiour Courts within the Kingdome to proceed fcl the Admin'mration of Juftice within their fevcrali Jurisdic- tions, without any Refpcfl to the faid Zule Vacance, and with- out any 'Interruption or Vacation by the faid Zule Vacz notwithstanding of any bygone Cuftome of Obfervation of the faid &ilf Vacance, feeing the famine is now difchartrcd in Ma&iger forefaid. Agamji excommunicate T relates > 8cc. 77 Aft XIV. Fzr taking Order with the Abufes committed on the Sunday by the Confluence of People for by ring cf Shearers on Sunday. T7*Orfameikle as the Prophanation of the Sunday is greatly J7 occafioned in the Time of Harveft, by the great Con- fluence of People to publick Places, ai> Ports, or Streets of Townes, and Paroch Kirkes of Landward, everie &ui from 'Morning to Preaching Time, for hiring Shearers the AVcck following, whereof there arifeth alio limdry Tumults, Diforders, fwearing, drinking, and often righting on the Sabbat h-Dd) ; for Remeed hereof the Ettates of Pariiar prcfently conveened by his Majefties fpecial Authoiit^ < tiers and remits the famine to be taken Order with, to th of Peace and Kirk Seffions where the Abufe ihall be com- mitted hereafter by the Confluence of the laid People and hyring of the faids Shearers upon the Sunday, as fuid u the faid Juftices of Peace and Kirk-Seffions fliall find the laids Abufes, then to be committed, to delerve* Act XV. For directing Letters of Horning and Caption by the Lords of Sejjion again/} the excommunicate Prelates, and all other c>: communicate Perfons. THE Eftates of Parliament, conveened- by his Majcfties fpeciall Authoritie, confidering the Neceffitie oi il . ing and putting In Execution the ^^d Act of the third Parlia- ment of King fames VI. anent Letters of Horning and Cap- tion to follow upon Excommunication oi the Kirk alter lour tic its and revives the faid Acl oi Parliament, and raincj the Lords of Scflion to grant Letters and other /rift the excommunicate Prelates, and all otht; excommunicate Perfons. Ad XXVI Fcr f'/ppre/J7ng the Dijiir.fthn offpirituz'l I THE E:!a:c; of Parliament, prefcntly conveened by his MtjcfttCS fpeciall Authority, cailcs, annuls, and rc« irticlc oi the brj • the iSfih 1 Men by King /fltrrj the V. oi" worthy Mo • 78 T reclamations againjl the Reformers annulled. nent the Inftitution of the College of Juftice, bearing, That the Loids of Counccll and Seffion fhull be chofen halfe fpi- rituall, halfe te.nporali, and deccrnes and ordaines the whole Number to be temporal], and none of them fpirituall, and the forcfaid Diftinftion jpf fpirituall and temporall to be fuppreft and forgotten in all Time coming. Jfl XXVIII Annulling all unlawful! and unjufl Proclamations made under the Paine of Treafon again]} the Difobeyers, FOrfomuch as the Eftates of Parliament, prcfently con- veencd by his Majcilies fpeciall Authorise, having taken to their Cnnfideration, that there hath been diverfc unjuft and unlawful Proclamations made, commanding the Obe- dience of Things unjuft and unlawfull, (tending to the O- verthrow and Prejudice of the Lawes and Liberties ofKirke and Kingdome) under the Paine of Treafon, as alfo declar- ing the Difobeyers of thefe unlawfull and unjuft Proclama- tions to be Rebels and Traitours, which is againft Law, E- quity and Reafon, no Triall nor Deelaratour of Treafon having proceeded againft them of before, flndes and de- clares all thefe Proclamations, with the pretended Ac"h and AVarrands for making and proclaiming thereof, to be null and of none Availe, Force, nor Effect, with all that hath followed or may follow thereupon : And therefore the faids Eitates of Parliament caffes and annulls the forefaids pre- tended Proclamation?, with all the faid Acts and Warrands whereupon the fame proceeded : And findes and declares* That no Perfon nor Perfons can be declared Traitours, but either by the Parliament itfelfe, and by Act and Sentence thereof or then by the iawiliJl ordinar Judge, after Tryall : And finding, That the faids Perfons hath contraveencd a Law and Act of Parliament made under the Paine of Trea- fon againft the Difobeyers and Contraveenars thereof. Aft XXIX. Explaining the preceding j48s of Parliament made avoir-fl Bands end Conventions amongfi the Subjeth ; as alfo declaring the Bands and Convention/, made and kept fnce, the Beginning of tie frefent Troubles \ to be legal! and lawfu'L FOrfomuch as the Eitates of Parliament, prefently con- veeaed by bis MajeiUes fpeclail Authorise, eoDJidering that, The Green Tables and their AShgs vindicated. 79 that, by the twelfth Acl of the tenth Parliament of the Kings Majefties uimvhile deareft Father, of eternall Memory, all Leagues and Band; amongft the Subjects are difcharged ; and, by the 131 Aft of the eighth Parliament of the Kings urn- ■while deareft Father, all Councels, Conventions or AfTem- blies, without the Kings Command or Licence, are alio dif- charged, under the Paines ordained by the Acls of Parlia- ment againft fuch as unlawfully convocates the Kings Lie- ges : And that alfo, by fundry other preceding Statutes and Acts of Parliament made by his Majefties moft Noble Pro- genitors, the forefaid Leagues, Bands, Councels, Conven- tions and Meetings are likewife difcharged. And here- with alfo the faid Eftares, taking to their Confideration what was the true End and Meaning for making of the forefaid Acts, and how farre the fame in Ecjuitie and Reafon can be extended, findes and declares^ That the forefaid Acls and Laws, particularly and generally before expreft, is not nor cannot bee extended againft any Bands, Leagues, Councels, Conventions, Affcmblies, Committees, or Meetings, made, holden, and kept by the Subjects for Maintenance and Pre- fervation of the Kings Majeltic. the Religion, Lawes, and Liberties of the Kingdome, or for the publick Good either of Kirk or State. But the laid Eilates findes and declares, 1 hat all thefc Bands, Conventions. Committees, and other Meetings made and keeped by the Eftates and Subjects of this Kingdome. for the publike Good of King. Kirke and State, and intended for the Defence and Prefervation thereof ! ; the Beginning of thefe prefent Troubles, are not prohifa nor diicharged by the forefaid s Lawes and Acts of Pari ment, particularly and gencrallv before rehcarfed. nor n< nc of them ; and can noways be underft tod nor interpret to f ill within theCompaflc of the Dilcharge an J Prohibition ol the forefaids Acts, and doth n r nor none of them. And therefore tl proves and alluv.es all the I minces and other Mec . i hive bre'n imda and kecped wilh'm I vatio:i (.1 the Kii g's M berties ol :!< : the prck >lcs there >i bee U 8o The Oath required of all Tarliamenters. lav, full and legall Deeds, and that they doe nowayes con- travccne the forefaids Ames, upon the Grounds and Reafons contained in the Paper of the 10th of March, given into the Treaty and Parliament of E?ig- land *, It is anfwered, upon the 15-th of June That his Majefty, with the Advice of both Houfes of Parliament, doth approve of the Affection of his Subjects of Scotland^ in their Defire of having Conformity of Church Government betwecne the two Nations ; and as the Parliament hath already taken into Confideration the Reformation of Church-Government, fo they wil proceed therin in due Time as lhal belt conduce to the Glory of God, the Peace of the Church, and of both Kingdoms. 1 1 th of June 1 64 1 . Ac! XII. For abolifiing of Monuments of Idol air ie, lot 6 Sep- tember 1 64 1. OUR Soveraigne Lord, with Confent of the Eftates of Parliament, underftanding that the General! Affembly of the Kirk hath, by their fpcciall Act made 30th July 1640. ScJJT. 3. ordained all idolatrous Images, Crucifixes, Pictures of Chrift, and all other idolatrous Pictures, to be demolimed and removed forth and from all Kirks. Col- ledges, Chappels, and other publick Places : Therefore or- daines all PresbyterVes to take diligent Tryall of all idola- trous Pictures and Images being within Kirkes, Collcdges, Chappels, and other publick Places, and after Tryal inti- mate the fame, firft to the Owners and Parties themfclves, that they may remove the fame ; and in cafe they doe nei- ther appeal prefently from the Prcsbytcrie In the ordinarie Way to the Synod and Generall Aifembly, nor remove them within the Space of three Moncths, then to intimate the fame to all Sheriffs, Stewards. Bay lifTs, Magiftrates of Burghs or Regalities, within the which the fame ill all he found; and ordaincs them, upon the Rcquifuion to be made to them by the finds Presbyteries, Moderator, or Brethren thereof, to ra/.c, demoliih, abolilh, cafl down ail thefe idolatrous Images, Pictures, and other idolatrous Mo- numents forefaids, according as they lhall be enjoined and Red tfa Dcmani. o 94 Concerning JSon-Lommumcant^ fife. directed from the faids Presbyteries from Time fo Time, \\\ one of them within their owp Bounds and Jprifdiction refpec- ifohi except in the Cafe of Appellation aforefaid : And if the Presbyteries be negligent, that they be cenfured by the Synod? and Generall Aflemblics, and jlje Sheriffs and other Officers forefaid, (in cafe of their Negligence) to be cenfured by the. fecret Councell, as they lhal think reasonable : And prohibites and difcharges ail making of any fuch Images or Idols, and all up-putting of the fame in all Time cqmming, under all higheft P'aines to be inflicted upon the Cqntraveeners thereof. Acl XIII. Anent Ncn-Commur.iccrij and excommunicato Perfins. io///September 1641. UR Sqvcraigne Lord and Eftates of Parliament rati- fies the two Acts of Parliament anent the Efcheats of excommunicate Perfbns, made by his Majefties Father of blelfed Memory ; one thereof Bar. $4, cap. 197. and the frthsr, Par, *q. cap. 3. v/ith the Addition and peclaratiori following, That no Gift of Efcheaf, part or to be paft upon Excommunication, or Horning upon Excommunication, fhalj be vallid ; but ths famine is declared to haye been and to be null, in all Time comming, by way of Exception or Reply : And declares the faids two Ac^s, ratified as faid is, with the Addjtiqa forefaid made thereto, to be extended to alj Ex- communication pronounced or to be pronounced againft vhatfoever PerTon or Perfons, and for whatfoever Caufes. And further, Hjs Majeftip and Elates forefaicjs ratifies and approves the Act made by his ZViajeltjes Father, Par. 16. cap. 17. anent Non-Gqrr}mun;cants every Year once, with, this Declaration and Addition, That the Penalties of th$ Cqntraveeners, modified in the faid Act, be payable in all Time coming to the feveral Presbyteries within the Jurifdic- tion whereof the Contra veeners. dwell tp be applied by them ad pio: ufks : And that the faid Presbyteries, or any they appoint, fhall have Ppwer to crave, receive and purfue for the fame*. ' And further, Qur Soveraigns L°rd and E- ftates rnrefajds, fqr \\\t grpater Terror and the more effectualj reclaiming of all excommunicate Rerfons, declares, That all Perfons whatfoever, according to the Degrees and Qualities mentioned Concerning excommunicate ferjons. jo 5 mentioned in the faid Aft, lying under the Sentence of Ex- communication, fhall be lyable to the Paines and Penalties therein contained, and that yearely after the Sentence cf Ex- communication, ay and while they be relaxed therefrom and reconciled to the Kirk : And alio declares, That the fa.d yearely Penalties againfl excommunicate Perfons {hall per- tain to every Paroch Kirk and Kirk-Sejlion in Burgh or Landward within their own Bounds, to be applyed u\. ; Vtfus ; and that they, or any Perfon they appoint, ihall have JPowcr to crave, receive, and purfue the famine, to be ap- plyed to the pious Ufes of the ieverall Paroch Kirk-Sefiioqs where the Contraveeners dwell ; and in cafe of the Paroch Kirk-Seilions their Slacknefle, the Presbyterie to exaft alter the Expiration of Yeare and Da\ after the conrraveening. And further declares the Por,atois to the excommunicate Perfons thejr fimple Efcheat and Liferent, and all other In- tromitters with their Goods, and Geir, and Livings, fnall be liable to the payment ol the [aids Paines and Penalties in the famine planner as the excommunicate Pcriops arc lyabie themfelves. And becaufe, jn the faid Aft, there is no parti- cular Penalty modified agninft BurgeiTes, therefore his M:- kftic and Eftates forefaids ordaines cverje Burgcs that beares or hath borne Office of Magiftracie, fo oft as he ill a 1 1 contraveene the faid Aft, to pay the Summe of Two b dred Marks, and every other Burgcs the Summe of Foj founds : And fuchlike ordaines the fai J PerJons to ce li- able in the faids Penalties re/pcttive, not only for their own perfqnal! contraveening of the faid Aft, but alfo fo ofi the fame (hall be contraveened by their Wives rgfp^Shi t and alfo fo oft a. the fame fhall be contravened by their ( drcn, they (hall incqrre the fifth Part of the fajd$ Paines re- ffertivc, for every Bairne pot ionsfamiljat. and of the < t fifteen Yeares complcat, and that tottcs quotiei t. contraveene the faid A^t : h like, that c | yant, fo oft as he fhall contraveene the faid A one Yfarci Fee talcs pmti , lawfull Requisition being waiej mi ic to the (aids Wives. Children and Servants, their Paftor or jPffibytpric, tc Aft 86 sfgrinft Trofanatwn of the Lord's Day. Att XXVIII. Againfl going of Salt-Pans and Mils on the Lords Day. and other Prophanations of that Day. 15 th No- vember 1641. OUR Sovereign Lord and Eftates of Parliament con- sidering, notwithstanding the Acls of the Generall Af- fembly, ratified in this prefent Parliament June 1640. againft the prophaning of the Lords Day, by going of Salt Pans, Salmond- timings, Kils, Mils, and hyring of Shearers on the faid Day, jet the (bids Abufes are not left off. but rather increafed : Therefore our Soveraign Lord and Eftates fore- faids, for the better Reftraint of the faids Abufes and Pro- phanations, do againe inhibite and difcharge all going of Salt-Pans or Mils, and all working of Works thereintill upon the Lords Day, and all hyring and conditioning of Shearers on the faid Day, and that under the Paines and Penalties following, to be payed to the particular Seffions of every Paroch wherein the Abufes before fpecified are com- mitted, to be employed to pious Ufes, viz. The Summe of Twenty Pounds for ilk Day forefaid working in Manner forefaid of ilk Salt Pan, of ilk Daycs fiining of Salmond, and of ilk Mill, to be pajed by the Heritors and PofTef- fors thereof for the Time, and the Maftcrs to be anfwer- able for their Servants ; and the Summe of Ten Pounds for ilk Shearer and Fifher of Salmond on the Lords Day ; the one Halfe to be payed by the Hyrers and Conducers, the other Halfc by the Perfons hired, toties qvoties : And ordaines the Maglilrates of the Town, to keep the TranfgreiTours in "Ward while they pay the faid Penalties,, for the which the Magiftrates fhall be anfwerable to -their Seflions. And fur- ther, our faid Soveraign Lord and Eftates do hereby inhibite and difcharge all Markets, ufing of Merchandize, carrying of Loads upon the Lords Day, and all other Prophanations or Abufes thereof wbatfoever ; and that under the fame Paine of Ten Pounds, to be paved by every Tranfgrerlbur to their Seilions reffeclive, for the Ufes forefaid, tcties quot'us : And i-ies the faids Penalties rcfpcclive above fpecified' to be exacted, by and atrour the Confifcation of the Salt; Corne, Marchandize, Loads, and other Goods wbatfoever, imploy- ufed, vjayned, or wade and wrought in the prophaning and Ratification of the Convention anno 1643. 87 and abufing of the faid Lords Day ; which .Paine is alfo hereby ordained : And, if the Tranfgreffours be not able to pay the Penalties forefaids, ordaines them to be punifhed exemplarly in their Bodies, according to the Merit of their Fault, toties quoties. Charles I. Par!. 3. Sej. 1. begun June 4. 1644. Aft V. Anent the Ratification of the calling of the Convention, Ratification of the League and Covenant, Articles of Treatie betwir.t the Kingdcmes of Scotland and England, and rema- nent Ails of the Convention of Eftates and Committee there- of 15M July 1644. TH E Eftates of Parliament, prefently conveened by Vertue of the laft Acl of the laft Parliament holden by his Majeftie and the three Eftates cr.no 1641. confidering that the Lords of his Maje(iies Privie Gouncel. and Com- miffioners for conferving the Articles of the Treatie, having, according to their Intertfts and Truft committed to them by Majeftie and Eftates of Parliament, ufed all Meanes, by Supplications, Remonftrances. and lending of Commiffioner.^ for fecuring the Peace of this Kingdome, and removing the unhappy DiftracYions betwixt his Majeftie and his Subjects in England, in fuch a Way as might ierve moft for his Ma- jefties Honour and Good of both Kingdomes j and their humble and dutiful! El ? for fo good Ends ha' proven ineffectuall, and their OlTer of Mediat! rei- ceffion being refufed b) (lie, and tl riding the Weight and Difltcultie of Affaires, and tL g on them to be greater the , did therefore, in the Moncth of May \t ■ together with the Commif- fioncrs f« jr the £©nimoji •Jution mi and. in n 1 Danger ii now and - rude qf Pap ifts and tl and i fair.. Ad- S3 Ratification of the Convention ah no 1643=1 vice of the reprefentative Body of the Kingdome, appointed and caufed indi<51 a Meeting of the Convention of EftatcS (his Majcitie having formerly refufed their humble Dcfires* for a Parliament) tor be tipon the 1 2d of June following : "Which Diet being frequently kept by the Noblemen, Com- Jhiflioners of Shires and Burrows, and they finding theft Dangers againft this Kirk and State ftill increafing, refolved, after ferious Deliberation, and Advice of the Generall Af- fembly, and joynt Concurrence of the Commiflioners autho- rized by the Parliament oft England, That one of the chief eft Remedieb for preventing of thefe and the like Dangers, for Pre- fervatibn of Religion and both Kingdomcs from Rtiifte rfnd DeitrucYion, and for procuring of Peace, that both King- domes fhould for thofe Ends enter into Covenant ; wh'rch was accordingly drawne up, and chearfully embraced and allowed : Whereat the oppofite and malignant Party, more enraging then before, did gather their Strength and Power againft the fame, fo as the Eftates were ffeccflltate to put this Kingdome into a Pofture of Defence ; and for this Pur- pofe appointed Coic'nels and Committees of VVarre in the feverall Shires for exercifing the forces therein, and put- ting them in ReadinelTe for rftutuall Defehce, in this Caufe of Religion, his Majefties Honour and Peace of his King- domes, as they mould be required by the Eftates, or their Committee, who were entrufted with the Charge of the pub- Ire ke Affaires of the Kingdome during the not fitting of the Eftates. And at laft a Treatie was agreed unto by both King- domes concerning the faid Covenant, and Afliftance craved front this Kingdome by the Kingdome of England, in purfuance of the Ends expreffcd therein' ; and another Treatie for fettling a: Garrifon in, and feciiring of the Town of Berwick, as the fame more fully proports ; conforme whercunto Orders were iffucd forth, and in Armie faifed out of the Shires and Burrowes of this Kingdome and fent into England. And the Eftates, finding themfclves bound in Dutie and Confcience- to pro- vide all Means for Supply of that Army and relieving the Scots Army in Ireland, did refolve, That the fame fhould be by Way of Excife, as the moft cortftant, juff, and equall Way, leaft prcjudicrill to the Kingdome, and moft benefi- cial! to the Caufe m Hand j and ordained ccrtame Rates and' Sum hits Ratification of the Convention anno 1643. 8<£ Summcs to be raifed off the Commodities contained in tha Aft made thereanent, and Schedule thereunto annexed : And, in refpeft of theNeceffitie of prefent Money, and rhtt the Excife could not be gotten timoufly in for SuppU of the Army, did appoint, That all Perfons within thi* Kin^dome, who had Moneys, or by their Credit could raife and advance the fame, fliould lend fuch Summes to the Eftates, or their Committee, as they mould be required, upon Aflurance of Repayment from the Publick, in Manner contained in the Acts made thereanent, and gave Order to their Committee to fee them put in Execution, who have accordingly beene care- full in Difcharge of that Trull committed to them. And, the Eftates being ftill defirous to ufe all good Meanes. that, without the Effufion ,of more Bloud, there mav be fuch a bleffed Pacification betwixt his Majeftie and his Subject, as might tend to the Good of Religion, his Majefties true Ho- nour and Safety, and Happinefle of his People, did there- fore give Commiffion to John Earl of L&wdonn Lord Chan- cellour, Lord Mai t land, Lord Wariftoun, and Mailer R:\ j Barclay, to repaire to England^ and endeavour the cffecluat- ing of thefe Ends contained in the Covenant and Treaties, coniorme to their InftrueYions : And in this Interim, the fi- liates being informed of the traitcrons Attempts of fome unnaturall Countreymen, who in an hoflile Manner invad- ed this Kingdome towards the South, and had their Com- plices in Armcs in the North, all for one Define of fubvert- ing the Religion, Laws and Liberties of this Kingdome, were nceeflitate, for fuppreffing thereof to direct an Army to the South, under the Command of the Earle of ( and a Committee of the Eftates to be aflifting to them ; an- other Armie to the North, under the Command of the Mar- queflc of jirgyUy and a Committee to goc along with him. And the faids Eftates having taken the Proceedings above written to their Confideration, do findc and declare, That the Lords of Councell, and Confervers o{ Pr-icc. did beh thcmfelves as faithfull Counccllours, [oyall S good Patriots, in tendring their humble Endeavours lor »e- moving the Diftraftions betwixt his MajeRie ?nd his S jefts, and in calling the CommilTumcrs lor the br- 4cns, and by joynt Advice appointing the late Mo : M $o Ratification of the Convention anno 1643* Convention, wherein they have approven themfelves anfwer- able to the Dutie of their Places, and that Truft committed to them ; and therefore ratifies and approves their whole Pro- ceedings therein, and declares the faid Convention was law- fully called, and als full and free in iffelfe, confiding of all the Members thereof, as any Convention hath been in any .Time bygone ; and ratifies and approves the feverall Acts made by them or their Committee, for cnjoyning the Cove- nant appointing of Committees, putting the Kingdome in a Pofture of Defence, allowing the Treaties, raifing of Ar- mies, and fending them into England, eftablifhing the Ex- cife, and borrowing of Money, and all other Acts, De- creets, Sentences, Precepts, Warrants, Commiflions, Inftruc- fions, Declarations, and other Deeds done by them. ; And alfo the faids Eftates of Parliament (but Prejudice of the PremilTes, and of the generall Ratification above mentioned) ratifies, approves and confirms the forefaid mu- iuall League and Covenant concerning the Reformation and £>cfence of Religion, the Honour and HappineiTe of the King, and the Peace and Safety of the three Kingdomes of Scotland, England and Ireland; together with the Acts of the Kirk and Eftate authorifing the fame League and Covenant; together alfo wifaids Eftates " ordaines the fame Acts, with the League and Covenant above fpecified, Acts authorifing fame, and the Article? of Treatie forefaid, to have the full Force and Strength ot perfect Lawe's and Acts of Parlia- ment forefaid, and to be obferved by all his Majefties Lie- ges, conforme to the Tenors thereof refpeftive. Of the which League and Covenant, and" Acts authorifing the fame, the Tenors follow. A The Solemn League and Covenant. 91 A SOLEMNE LEAGUE and COVENANT for Reformation and Defence of Religion, the Honor and Hap* pinejfe of the King, and the Peace and Safety of the thrts King domes of Scotland, England and Ireland. WE Noblemen, Barons, Knights, Gentlemen, Citizens, Burgeifes, Miniirers of the Gofpcl, and Commons of all Sorts in the Kingdomes of Scotland, England and Ireland, by the Providence of God living under one King* and being of one reformed Religion, having before our Eyes the Glory of God, and the Advancement of the Kingdome of our Lord and Saviour Jefus Chriir, the Honour and Happi- nciTe of the Kings Majeftie and his Pofterity, and the true publick Liberty. Safety and Peace of the Kingdomes where* in every Ones private Condition is included ; and calling to Minde the treacherous and bloudy Plots, Confpiracies, At- tempts and Practices of the Enemies of God, againft the true Religion and ProfefTours thereof in all Places, efpecial- \y in thefe three Kingdomes, ever fincc the Reformation of Religion, and how much their Rage, Power and Preemp- tion are of" late, and at this Time, increafed and exercifed, (whereof the deplorable State of the Church and Kingdome of Ireland, the diftreffed Eftate of the Church and Kingdome of England, and the dangerous Eftate of the Church and Kingdome of Scotland, are prefent and publick Teftimonies) we have now at laft, (after other Means of Supplication, Remonftrance, Proteftations and Sufferings) for the Prefer- vation of ourfelves and our Religion from utter Ri.ine and De- finition, according to the commendable Pra Word of God and the Example of the bed reformed Churches ; and fhall endeavour to bring the Chur- ches of God in the three Kingdomes to the nearcft Conjunc- tion and Uniformity in Religion, Confeflion of Faith, Forme of Church Government, Directory for Woribip and Cate- chizing ; that we, and our Pofterity after us, may, as Brethren, live in Faith and Love, and the Lord may delight to dwell in the Midft of us. 2. That we fhall, in like Manner, without Refpecl of Per- fons, endeavour the Extirpation of Popery, Prelacie, (that is, Church-Government by Archbiihops, Biihops, their Chan- cellours and CommiHaries, Deans, Deans and Chapters, Archdeacons, and all other Ecclefiaftical Officers depending on that Hierarchy) Superitition, Hereiie, Schifme, Prophane- neife, and whatfoevcr fhall be found to be contrary to found Doctrine and the Power of Godlinefle, left we partake in other Mens Sins, and thereby be in Danger to receive of their Plagues , and that the Lord may bee one, and his Name one in the three Kingdomes. 3. We (hall with the fame Sincerity, Reality and Con- jftancie, in our feverall Vocations, endeavour, with our Eftates and Lives, mutually to preferve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdomes ; and to preferve and defend the Kings Majefties Perfon and Authority, in the Prefervation and Defence of the true Religion and Li- berties of the Kingdomes ; that the World may bear Wit- peffe with our Conferences of our Loyal tie, and that wee "have no Thoughts or Intentions to diminifli his Majefties juft . Power and GreatneiTe. 4. We fhall alio, with all FaithfulneiTe, endeavour the Dif- covery of all fuch as have been, or fhall be Incendiaries, Ma- Ugnants, or evil Inftruments, by hindering the Reformation of Religion, dividing the King from his People, or one of the Kingdoms from another, or making any Faction or Par- lies amor.gft the People contrary to this League and Cove- nant, t h a r they may be brought to publick Triail, and re- ef ive coadigne Puniilimeju as the Degree of their Offences {ball The Solemn League and Covenant. 93 fhall require or deferve, or the fupreame Judicatories of butfi Kingdomes refpectively, or others having Power from them for that Effect, fhall judge convenient. 5-. And whereas the Happineife of a blelTed Peace betweea thefc Kingdomes, denyed in former Times to our Progeni- tors, is by the good Providence of God granted unto us, and hath been lately concluded and fetled by both Parliaments, we fhall each one of us, according to our Place and Intereft, endeavour that they may remaine conjoyned in a firme Peace and Union to all Pofterity, and that Juftice may be done up- on the wilfull Oppofers thereof in Manner exprefTed in the precedent Article. 6. We fhall alfo, according to our Places and Callings, in this common Caufe of Religion, Liberty and Peace of the Kingdomes, afTiil and defend all thofe that enter into this League and Covenant, in the maintaining and purfuing there- of ; and fhall not fuffer ourfelves, direcily or indirectly, by Combination, Perfuafion orTerrour, to be divided and with- drawen from this blefled Union and Conjunction, whether to make Defection to the contrary Part, or to give ourfelves to a deteftable Indifferency or Neutrality in this Caufe, which fo much concerneth the Glory of God, the Good of the King- doms, and Honour of the King : But ihall, all the Dayes of our Lives, zealoufly and conftantly continue therein againft all Oppofition, and promote the fame, according to our Power, againft all Lets and Impediments whatfoever ; anJ, what wee are not able ourfelves to fupprefTe or overcome, we icveal and make known, that it may be timely prevented or removed : All which we fhall do as in the Sight of God. And, becaufe thefc Kingdomes are guilty of many Sins and Provocations againft God, and his Son Jefus Chrift, as is too manifeft by our prefent Diftreifcs and Dangers, the Fruits thereof, wee proieffe and declare before God and the World, our 1 Ucfire to be humbled for our own Sins, and for the S I y t rhat wc have nc\ we ought, valued \\\t ineftimablc I .the Gofpel, that wee laboured fur the Purity and Power thereof and that wc have not endeavoured to receive Chrift in our Hearts, ilk wortln \w\-\ arc the Caufcs oj Qtbcr bins and Traofgreffioos fo muck abounding amongft US: ■~v 94 ■* " e Stu em v{y approve the Solemn lueaguc. us ; and our true and unfained Purpofe, Defire and Endea- vour, for ourfelves, and all others under our Power and Charge, both in Publick arid in Private, in all Duties wee owe to God and Man, to amend our Lives, and each one to go be- fore another in the Example of a real Reformation ; that the Lord may turn away his Wrath and heavy Indignation, and eitabhlb thefe Churches and Kingdomes in Truth and Peace. .And this Covenant wee make in the Prefence of Almighty God, the Searcher of all Hearts, with a true Intention to periorme the fame, as v/e fhall an Twer at the great Day, when the Secrets of all Hearts mall be difclofcd : Moll hum- bly befeeching the Lord, to ftrengthen us by his Holy Spirit for this End, and to blefs our Defires and Proceedings with fuch SuLceffe as may be Deliverance and Safety to his People and Encouragement to other Chriftian Churches groaning under, or in Danger of the Yoke of Antichriftian T>rannie, to join in the fame or like Aflbciation and Cove- nant, to the Glory of God, the Enlargement of the Kingdome of Jefus C^irift, and the Peace and Tranquillity of Chriftian Kingdoms 'and Commonwealths. SelT. XIV. Augujl 17. 1(543. The Genera!/ Affemblies Approbation of the Draught $f the League and Covenant prefented to them, THE Affembly having recommended unto a Committee appointed by them, to joyn with the Committee of the Honourable Convention of Eftatcs, and the Commiflioners of the Honourable Houfes of the Parliament of England, for bringing the Kingdomes to a more near Conjunction and Uni- on, received from the aforefnid Committees the Covenant a- b'»ve mentioned as the Refult of their Confutations : And, having taken the fame, as a Matter of lb publickConcernment, am' of fo deep Importance doth require, unto their graveft Confutation, did. with all their Hearts, and with the Be- girn ; ngs of the Feelings of that Joy which they did finde in fo great Meafure upon the Renovation of the National Cove- nant c (his Kirk and Kingdom, all with one Voice approve and embrace the fame, as the raoft powerful Mean, by the Blcf- fxng *fbe Convention approve the Solemn League. 9 jj fingofGod, for fettling and prcferving the true Proteftant Religion, with perfect Peace, in his Majefties Dominions, and propogating the fame to other Nations, and for eftablifhing his Majefties Throne to all Ages and Generations. And therefore, with their beft Affections, recommend the fame to the Honourable Conventions of Eftates, that, being exam n- ed and-approved by them, it may be fent with all Diligence to the Kingdome of England, that, being received and appro- ver! there, the fame may be with publick Humiliation, and all religious and anfwerable Solemnity, fworn and fubferibed by all true ProfefTors of the reformed Religion, and all his Ma- jefties good Subjects in both Kingdomes. The Convention of Eftates their Approbation of the Draught of the League and Covenant afore/aid. ijth Auguft 1643. THE Noblemen, Commiflioners of Shires and Burrows now convcencd, having received the Covenant above mentioned from their Committee, as the Refult of their Con- futations with a Committee of the Generall AiTembly, and the Commidioners from both Houfes of the Parliament of England ; and having taken that Covenant unto their graved Consideration, did, with all their Hearts, and great Expref- fions of Joy and Unanimitie, approve and embrace the fame, as the moft powerfull Meane, by the Bleffing of God, for fetling and prcferving the true Proteftant Religion, with a perfect Peace, in ail his Majefties Dominions, and propa- gating the fame to other Nations, and for eftabliihin^ his Majefties Throne to all Agts, And being very a that their Brethren in the Kingdom of Envlanl will hearti- ly receive and approve the famine, Therefore, according to the earned Recommendation of that Venerable A&fobly of this Kirk now met, thinks it moft necclTarv, lor i Is aforefaid, that it be I i that Kii Diligence their there, th< both Ah 9 6 The Comrniffiori s AH fir fw earing it. jtft of the Commijfion of the Genera!/ Affemlly fir the folemne receivings /wearing and fubfcribing of the League and Cove- nant. At Edinburgh, i \th October 1643. THE CommifTioners of the Generall AlTembly, having received from their Brethren fent unto the Kingdome of England the folemne League and Covenant above written, as it was approven by the Honourable Houfes of the Parlia- ment of England, and the AfTembly of Divines in that King- dome and folemnly fworn and fubferibed there, after due Examination thereof, did all in one Voice mod heartily re- ceive and embrace the fame, as agreeing with the Draught unanimoufly and chearfully approven and embraced by the late Generall AfTembly and Convention of Eftates, as the nioft powerfull Meane, by the Blefling of God, for fctling and preferving the true Proteftant Religion with per feci: Peace in his Majefties Dominions, and propagating the fame to o- ther Nations, and for eftablifhing his Majefties Throne to all Ages and Generations : And therefore, according to the Power given to them by the faid AfTembly, ordaine this fo- lemne League and Covenant to bee, with publick Humilia* tion and all religious Solemnities, received, fworn and fub- feribed by all Minifters and ProfefTours within this Kirk : And, that this may be univerfally performed, it is alfo or- dained, That this League and Covenant be forthwith print- ed, and that the printed Copies, bound with fome cleane Sheets of Paper, be fent unto the Miniftery ; and that eve- ry Minifter, upon the firfl Lords Day after the fame fhall come to his Hands, read and explaine it, and by Exhorta- , tion prepare the People to the fwearing and fubfcribing thereof folemnly the Lord's Day next immediately follow- ing. And it is further ordained, That Presbyteries take Account of the Performance hereof in their feveral Bounds, and that they proceed with the Cenfures of the Kirk againfl all fuch as (hail refufc or fhift to fweare and fubferibe this League and Covenant, as Enemies to the Prefervation and Propagation of Religion ; and that they notifie their Names, and make particular Report of their own Diligence herein- till to this CommiiTion, or their Moderator, or Clerk, to be delivered to them ; And the CommifTioners think it very con- The Committee s AB Joffi ; ih <)j Convenient for good Example, and the better Enc ment of others, that this Covenant be io!emnlie fvorrie fubferibed by the;nfe!ves nov/ prefent, before the ( lion in the Eafr. Kirk, upon Friday Dfext the 13th of this - Rant, after Sermon and Exhortation to be made bj Robert Douglas Moderator ; and that the Commiffioners of the Convention of Eftates now in Town, and the Commif- fioners from the Parliament of England, and the Divines of that Kingdome here prcfer.r, be carnefUy defiied to join v, them in this folemne and religious Acliun. Ordinance by the Conimittti of Eftates for the folemn r fa earing and fubfer Ibing of the League .int. At Edinburgh % the 12th of {lobar 1643. THE Commiffioners of the Convention oi "i. :::.::-. hav- ing received from the Commiffioners of the General! Aflemblie the Solemn e League and Covenant above men- tionat, approven and folemnlie fVornfi and fubferybed in the Kingdome of England; and having taken the: theif ferious Confidcfation, doe unanimouHie and chearfullie re- C and embrace it as agreeing with the Draught i\ bv the late Convention of Imitates and Gencrall Ailcmbly ; and therefor ordains the fame to be, with all reltgibirt So- lemnities, fv/orn and fubferybed by all his IMajcftics Subjecls of this Kingdome ; end that under the Paine, offset) a*, fliafl poftpone or refufe, to bee cftccmed and ptmifhed as. Ene- mies to Religion, his Majcftics Honour, a Kingdofaes *, and to have their Goods arid RentS cohfifcal the Vfc of the and that nor enjoy any Benefite, Place nor Office within this Kij it : And ah ordains all Sheriffs, S r i his Majcflies'Majrftrats to B 1 Lands. ties if! ieverall Shyres, to be aililling to Mihifti Prcf- bytcrics in procuring tck\\ Obcdicr,: with all Diligence the- EhV of all (in I I or refufe, to tl ire to the 1 5)3 jjgamjl profaning the Lord's Day. to receive what further Punifhment his Majeftie and Parlia- ment rhall inflict upon them : And further^ ordaines thir Prefents to be printed with the former Act of the Eftates, and publifhed at the Markett-Crofles of the Head-Burrous of this Kingdome, wherthrough non pretend Ignorance of the lame. AtiYLlV. Dijcharging Executions of Captions for Debt upon ii s Lords Day, or upon Faffs, &c. commanding Warnings, &c; to be red after the B I effing, and extending the A els made ( Profanation of the Saboth. July 23. 1644. THE Eftates of Parliament, prefently conveened by ver- tue of the laft Act of the laft Parliament, holden by his Majeftie and the three Eftates in anno 1641, for the better Obfervation of the Lords Day, and of other Dayes fet apart for his folemne Worfhip, difcharges all Execution of Letters of Caption raifed for civil Debts in any Tym of rr^e Lords Day, or upon ordinary Week-Dayes appointed for folernne^Fafts or Thanfgivings, during the Tyme of divine Service, And fuchlike. difcharges all Warnings, Inhibitions, Requidtions, or other Letters, to be read at the Kirk -Door be- fore the firfte Sermone ; and ordains the fame to beread, hcre- aiter, immediately after the Minifter hath concluded the Ex- ercife and faid the Bleffing, whereby the Congregation, at the Diflolving, may more commodioufly hear, and the Wor- fhip of God will not be interrupted : Arid als declares that all Afis made agaif:*ft Salmond-Fiihing, or any other Labour on the Lords Day, to be nor only againft Servants, who doe acl'.aily work, but alfo the famine fliall be extended againft JMaiuers whofe hired Servants they are, if the . Servant's forking be either of the Maifter's Knowledge, or with their Approbation or Connivance : And farther, the Eftates doe hereby declare and ordaine, that all Acts of Parliament made trift Pfophanation of the Lords Day, be extended to or- dntry Week-Dayes appointed for folemne Faftes and Thafctfgiving, during the Tyme of divine Service upon the famen." M Slgainjt Drunkards and Taverners. 99 Act XVIII. Againft Keepers of Tauerns, Sec. and Sellers of Drink on the Lords Day. 23/ July 1 644. *T^HE Eftates of Parliament, prefently conveened by ver~ X tue of the laft Aft of the lad Parliament, holden by his Majeftie and the three Eftates in anno 1641. confidering that the great Abufe of Drucknes doeftill continov/ and increafe, notwithstanding of the 20th Act of the 2 2d Parliament of King James VI. of good Memory, made againft Drunkards and Haunters in Taverns and Ale-Hordes after ten Hours at hr, or at any Tym of the Day except in Time of Tra- vel, or for ordinary Refrefhment, therefor, and for the better Reftraint of the faid Vice of Druckneis, ratifies and ap- proves the faid Act ; and farther declare and ordain, That not only Drunkards and Haunters in Taverns and Ale Houfes, in Manner foreiaid. fliall be liable to the faid Aft, but the fam, in the whole Tenor thereof, lliall hereafter be extended againft the Keepers of Taverns or Ale-Houfes that fell the Drink unto them. •> An ACT paft in the fecond Sefiion of the fir ft triennial Parliament ofK. Charles L begun the 7th l ry 1646. THE Eftates of Parliament, now convcened in the fifth Seffion of this fir ft triennial Parliament, considering how prejudicial the Want of Schools in many Con- gregations hath been, and how beneficial the founding there- of in every Congregation will be to this Kirk and Kingdom, do therefore ftatute and ordain, That there be a School founded, and a Schoolmafter appointed, in every Parim, (not already provided) by Advice of the Presbytery : And to this Purpofe, that the Heritors in every Congregation meet among themfclvcs, and provide a commodious Houfe for a School, and modify a Stipend to the Schoolmafter, which fliali not be under an hundred Merks, nor above two hun- dred Merks, to be paid yearly at two Terms : And to this Effect that they fet down a Stent upon every one's Rent of k and Tiend in the Pari ill proportionably to the Worth thereof, for Maintenance of the School, and Payment of the Schoolmaster's Stipend; which Stipend is declared to he to the Schoolmafrers by and attour the Cafiultics which lerljr belonged to Readers aiid Clerks of Kirk-Seflions ; , and if the Heritors (hall not conveeo, or, being conveened, (ball not agree amongft themlclves, then, and in that Cafe, thejpresbytery fliali nominate twelve honcft Men within the Boui (ball have Power to eftabliih \ a Stipend tdr the Schoolmafier \ the I re exprefled, and I a Stent for merit thereof upon the Heritors, which lhall be as valid and efTecluall, as ii I been done by the Her becaufe l I will be ill, there! men! thereof :t is : &, That if two Terms P llOQt >04 Founding Schools, uncharging Lykewakes. portions run in the third unpaid then thcfe that fo fail irl Payment fhall be lyable in the double of their Proportions then refting, and in the double of every Term's Proportion that mall be refting thereafter, ay and while the School- matter be compleatly paid, and that without any Defalca- tion ; and that Letters of Horning, and all other Executo- rial neceflary be directed, at the Inflance of the School- ir?after, for Payment of the double of the Proportion in Wanner forefaid, difcharging hereby any Sufpenfion to pafs againfl the Schoolmafters without Consignation. And it is declared, That Liferenters, during their Lifetime, fhall be lyable in Payment of the Proportion impofed upon the Lands liferented, and Execution in the Manner before ex- prefTed fhall pafs againft them for that Effect, and the He- ritors fnall be always free of the fame during the Liferenter's Lifetime. And if any Perfons finds themfelves wronged by the Inequality of the Proportions impofed, it mail be law- full for them to feek Redrefs thereof before the Lords of Secret Gouncel or Seffion, within Year and Day after the impofing of the Stent, and no otherways. All XVIII. Difcharging Lykezvakes. id February 1646. THE Eftates of Parliament, now conveened in the fifth* Seflion of tfcis firft trfennial Parliament, confidering the great Abnfe of Lykewakes, do therefore inhibite and difcharge all Perfons of whatfoevcr Qualify to have Lykewakes hereafter, and that under the Pain of twenty Pound Scots to be paid by the Contraveeruers tcties quoties % to the Kirk- Seflion, -for pious Ufes : And ordaines their Fynes and Penalties to be uplifted conform to the Acl taafc at Perth anent the uplifting of pecunial Pains. ACTS Keajons for giving up A, diaries. 105 ACTS done and paft in the fixth SefTion of the firft tfi rial Parliament of K. ^Charles I. beg-:: rr 3. 1 64^. jift X. Declaration of the K. Scotland the Kings Maje flies Ptrfon. 16//; January 16.: WHereas it pleafed God to joyne the Kingdomes of Scotland, England and Ireland in Solemne Leagi • Covenant, for Reformation and Defence of Reli- gion, the Honour and Happines of the King, and their c Peace and Safety, and, lb Purfuance thereof, the S my being in the Kingdome of England, the King* M-: ?."y came into their Quarters be! i profeifeJ came there with a full and abfolute Intention to ei* s Satisfaction to the joyqt Defires of both Kingdomes, with no Thought either to continue this tin natural] Y any longer, or to make Diviuon betwixt the K to comply with his Parliaments and thefe entrufkd b in every Thing for fettling Truth and Peace and that would apply himfeif totally to the Ccunfeh and Advices of his Parliaments ; and this he did not onely pr. :t':c vei the Committee of Eftales with the Shots At alio in his fevcral Letters and Declarations under !. to the Committee of Eftates of Scotland, and ics of the Parliament of Engt : In C* dence whereof, and of the Reality of his Intentions and Re- fblutions, which he declared proc the deep Serife of the bleeding Con.' his Kingdomes, the Committees of the Kingdom General Officers of the Scots Arnr and the Kingdom of England, t! n thcfcTermSg (which is fhi - cling what ma\ be fuggefted or all the con: by ai . ingdoms') r ;d 1 :im, that the only Way of his own H. C 01 his Kingdorr.cs, under God, was to make good cd to both Kii Thereafter, not onlv were Proportions ot • O ■ 106 Re a fins for giving up K. Charles. after ferious and mature Deliberation, were agreed upon) tendered to him, in the Name of both Kingdomcs, for his Royall Aficnt thereto, but alfo all the fupreame Judicato- ries of this Kingdome, both Civill and Ecclefiaftick, made their humble and earned Addrefles to his Majefty, by Sup- plications, Letters, and Commiilioners for that End, and did fully reprefent all the Prejudices and Inconveniencies of the Delay or Refufall of his AiTent ; and, in particular, that his Kingdome would be neceifitate to joyne with the King* dome of England, conforme to the League and Covenant, in providing for the prefent and future Security of both King- domes, and in fetling the Government of both, as might moft conduce to the Good of both. And the Parliament of Scotland, being now, according to the Treaty, to retire their Army out of England, have again, for their further Exonera- tion, fent Commiilioners to reprefent their renewed Defires to his Majefty, with the Dangers may enfue by his Delay or Refufall to grant the fame, and that till then there was Danger to the Caufe, to his Majefty, to this Kingdom, and to the Union betwixt the Kingdoms by his coming into Scotland, and that therefore a joynt Courfe will bee tane by both Kingdomcs anent the Difpofall of his Perfon. And, confidering that his Majefty, by his Anfwer to the Propofi- tkms of Peace in Augufl laft, and alfo by his late MeiTage to the two Houfes, (and by his Warrand communicate to the Eftatcs of this Kingdome) hath expreffed his Defires to be near to the two Houfes of Parliament. And feeiftg alfo the Parliament of England have communicate to the Scots Com- mifTioners at Nswci P)cxa of T-rpff eivill or n .'.• 6 ;er during . The State's AffeBhn to Religion cleared. 1 09 the Parliament without Prejudice to Perfons who have he- ritable Offices, to nominate and appoint, by the Advice of Parliament, Committee ot Eitates, or Secret Councell, fit Perfons. againft whom there is no juft Exception, to be their .:tes in thefe Offices. And it is alio hereby declared, That thefe Perfons brought off the Rebellion are not to be in a better Condition than other Subjects, but that they are and fhall be lyable and fubjeel in Payment of all L( Taxes, monethly Maintenance, and of their Proportions for Lcavies of Foot and Horfe, at the Rates and Prices fet n by Acts of Parliament, or Committee of Eftates, or Committers of War in Shires where they have Intereft re- : and of all other publick Burdens Impofitions, and Duties whatfomever, for all Yeares bygone and in Time com- ing, as fully, and in the fame Manner, as any other Per fori is or hath been fubjeft thereunto. 4. Th^t all the former Lawes and Ordinances againft ex- communicate Perfons are hereby appointed to ltand in fuii Force and Vigour, recommending to every one whom it eon- s to put the fame to due Execution : And what : : -and further neceifary from the Parliament, to make that .diul Ordinance of God lenfible to fuch obilinate O;: dcrs, and to have due Regard and Reverence from all, is to .e laid Committee, to whom the Over: . to that Purpofc are referred ; and, after Return pffbeir Report, the Par!. .e the lame to 'deration. 5. That they are very fcnfible of the DiftrefTcs of the Pro- vince of 4rgjte, and hive already provided (one Means for ffcetr prefeot Subfiltance and Relief, rcfolving (till to I p for their Help and Succour, and to | the ...lit the Rebels, no. re, but in all Part ine. c. 1 ";. (s of Ireland is carefully recomnu nit tee ; wherein, after the Refill! ot their . r?c returned, they :edic juft and rcafonablc, that the 1 be cxemplarh I io The State s AffeBlon to Religion cleared. nifhed, and that particular Ordinances be drawn for that Purpofe, which is hereby recommended to the faid Committee of Overtures. 8. That they have recommended to the Generall Officers, to punifli the Infolencies and Diforders of Souldiers commit- ted before this Time ; and, for preventing the hke hereafter, they are to confider the Report of the great Committee, and to take Courfe how the Officers that are to have Command may give AiTurance for reftraining and redreffing fuch Infolen- cies and Diforders for Time to come. And the Eftates of Parliament hereby ftature and ordain, That the particular Ordinances, Declarations and Anfwers above expreffed, fhall have the Strength and Authority of A&S, Declarations, An (Vers and Ordinances of Parliament, ponform to the Tenours and Natures thereof refpeflive. 48 XXVII. Againjl excommunicate Per fonu 18/A March 1^47/ FOrafmuch as the Pride and Infolencie of excommunicate Perfons doeth exceedingly increafe, and that dreadfull Cenfure of Excommunication is much flighted and vilipended, whereby not onely the Offenders are obdured in their obfti- nate Jmpenitencic, but God is much dishonoured by their con* temning of that his Ordinance : For Remedy thereof, the In- flates of Parliament ratifie and approve all preceding A 6h and Ordinances of Parliament apainit .excommunicate Perfons, or- daining the fame to be put to due Execcution \ and, in refpeft of the Impenitencie of excommunicate Perfons, and their Dif- obedienceunto, and Contempt of all Ecclefiaftick Difcipline, do further ftatute and ordain, That, fourty Dayes being paft after the Sentence of Excommunication, Letters bee direct for denuncing all excommunicate Perfons his Majefties Rebels, and putting them to the Horn at the Inftance of the Kings Advocate, the Proqutor for the Kirk, the Presbytei ie ? or o- ther fuperior Kirk-Judlcatorie intcreffed, or either of them, and that by Warrand of any of the Lords of Privie Coun- fell or Seffion, which Letters'fhall be execute at the Market- CrofTe of Edinburgh and Pcir of Lcith, and the Denunciations ufed by vertue thereof in thefe Places, (hall be fufficient a- gainfl them, ordaining alio Letters of Intercommoning and i-etters Againft ^apijis and others excommunicate. 1 1 1 Letters of Caption to bee direct upon their Denunciation ; and that in the Execution of Caption all the Lcigeb concur and be aflifting : Difcharging hereby all Sufpcnfions, Re- laxations and VVarrands whatibever, for Liberty to excom- municate Perfons, except they certifie by Writ that they have given full Obedience and Satisfaction to the Kirk, and made reall Payment of the Penalties they incurre by the 13th Act of the Parliament in the Year 1641. made againft the excommunicate Perfons : And the Eftates of Parliament ra- tifies and approves all Acts of Convention and of Secret Coun- fell made againft Jefuits, Papifts, Pricfts and excommunicate Perfons, and fpecially the Acts of Secret Counfell made againft them upon the firfl of July 1642. printed the fame Year, viz. concerning the Incapacitie of profeffed Papifts refufing to com- municate to have Place in publick Judicatories, or to bruike any Office in the Kingdonic, or to have Acceffe to the Court ; concerning the debarring of excommunicate Papifts from Proceffc, and offering a Roll of their Names for that Purpofe ; concerning the directing Letters of Treafon and Intcrcommoning againft excommunicate Papifts, denuncedi Rebels, Recommendation to the Lyon for difcharging Mef- fengers fufpect ofPoperie, and refufing the Covenant, Re- commendation to the Lords of Exchequer for the Efcheats and Liferents of excommunicate Papifts, and for obferving du- ly the 13th Act of the Parliament 1641. and nne Ordinance that Husband* fhall bee countable that their Wives (hall not relet, fupplic nor intercommune with Jefuits nor Priefts, and that he nor lhe fhall not be obferved by Papifts j and that none fhall bee admitted to their Service, but fuch as fhall have a Tcftimoniall of the SoundncfTe of their Religion from the Miniftcr where they dwelt, under the Paines contained in the Acts of Parliament made againft Refetters ofjefuirs, Seminary and Ma: and cfpecially under the Paine* contained in the laid 13th Act of the Parliament Id Which Ordinance concerning the Reccit of Jefuits anJ Piicfts, together with the remanent Acts concerning prof ^\\<\ excommunicate Papifts, are hereby extended to all ex- communicate Perfons Whatfoevcr rcfpcctivelv, ordaining the (aid Acts and On: r.fel to bf put to due Ex- ecution accordJTi 1 1 2 .Again ft Supcrjtition and Topijh Education. Aft XX VIII. Difcharging theObfervation of fupcrjlitious Dayes. 1 8//; March 1647. THE Eftates of Parliament, confidering that the obferv- ing of Yule-Day, and other fuperftitious Dayes, is much occasioned by Coal-Hewers and Salters Flitting and Entrie at Yule ; therefore they ordain, that the Termes of Flitting and Entry of all Coal-Hewers and Salters {hall hereaf- ter be upon the firft of December yearly, difcharging any En* try or Removal to be at Yule hereafter : Inhibiting alfo all and every one to obferve the fuperftitious Time of Yule, or any other fuperftitious Dayes in any Manner of Way, and that under the Paines contained in the Acts of Parliament made againft Prophanation of the Sabbath : And recommends to all whom it concerns to fee this Act obferved, and the Contraveeners punillied in their Perfons and Goods condignly. jfH XXXIX. Concerning the Education of Children under Po- pith Parents or Tutors. 26th March 1647. THE Eftates of Parliament, now conveened in this fixth SeiTion,of the firft triennial Parliament, confidering how dangerous it is that Children be educate by Perfons that are popifhly affected, do therefore, conform to ane Ordinance of Parliament at St. Andrews, ordain the Lords of Secret Councel, or the Committee of Eftates, or either of them* upon the Reprefentatton of the particular Care by a Presby- tery, or other Kirk-Judicatdrie, to provide and appoint a "Way for the Education of Children thatare under the Power of Popifh Parents, Tutors or Curators, giving unto them full £ower to take thefe Children from under the Charge of Po- pifn Parents, Tutors and Curators, and to commit them to the Care of fome well affected religious Friend, to bee edu- cate in Religion and Vertue, and to do every Thing neceffar for their good Education : And farther, that Children doc not differ in their Education abroad, the Eftates of Parliament rati- fy and approve the firft and fecond A£ls of the twentieth Par- liament of King Juries VI. (and the fixth Ac! of the Parlia- ment of King Charles, in the Year of God 1641. relating thereto) concerning Children that go out of the Kingdom, and jAcl for renewing the Solemn League: i I J and fending Pedagogues with them, ordaining the fame Acts to be carefully obferved, and put to due Execution in Tims comming. ACTS done and pad in the fecond Setfion of the fecond triennial Parliament holden at Edinburgh, and beginning the 4th of January 1649. and ending the 1 cT th {A March in the Year aforefaid. Aft II. For a folemn Fajl and Humiliation, to be kecked by all the Members of this Parliament, in relation to publick Sins and Breaches of Covenant ; and for tier rencuir.g the League qnd Covenant y and Engadgment to the Deutees therein i . teined. January 5*. 1649. *npned a powerful Army to en^er the Bowels of this King- dom, in Purfute of ther Enemies who had invaded England, to the great endangering of this Kingdome, an$ fo laying the 1 x Land jSgafoft the War wit f) England 1648. 117 JLand open, and making it lyable to the Gilt and Mifery of ane unjuil and otter. five Warr, drawing doun Gods Judg- ments, and expufmg us and our Pofterity to thelnvafion from our neighbour Kingdom, if God in his Providence had not remeeded the lame ; As the Eitarcs of Parliament have made before God anc folemne Acknowledgment of the publick Sins and Breaches of the Covenant, and a folemne Engagement ro al the Dutees therin contained, namely, thofe which doe in a more fpecial Way relat unto the Dangers of triple Tymes, fhat Gods Judgments drawn doun upon the Nation by fuch a finlul Courii, by a prevalent Party of the reprefentative Body, maybe recovered, and the lik in Tym comming prevented, lb alio that all Pretence of Law at Horn, for proiecuting of thefc Courfes, and that all Pretence of Quarreil from Abroad a- gair.lt this Nation for the fam, may be taken away, and to tettifie the tirme Refoiution and earned Defire of this king- dom to preierve inviolably the Union betwixt the Kingdoms, the Eftatcs forefaids do hereby find and declare the Kings Conceifior.5 at the Ifle of Wight, and late Declarations emit- ted by the Parliament and Committee to be unfatibfactory to them, and deltructive to the Cauie and Covenant, and doth dilclame, condemne, annulle, repeall and declare to be void and .. fte, the Acts after mentioned, as being in the; gi nning unjuft and unlawful, and con- trary to the Word of God, and Solemne League and Cove- nant, and large Treaty betv/ixt the Kingdoms. The fourth Act. intituled. Act" ancnt the Refolutions of Parliament, teeming the Breaches of the Covenant, and Treatees be- y the Kingd.»mes of Scotland and England, and Demands for Reparation thereof. The fixr Act, intituled, Act for putting oi the Kingdom irv a Poltur of War for Defence, and com! mmirtce of War of the fcueral Shyrcs. The feventh Act, intituled, A Declaration of the Parliament )d Subjects of this Kingdome, Refolutions for Religion, Kir>j and K .enant. The i^ct, intituled, Oefires of the Parliament of & > the nent of England. T intituled. Afl anent tl of Horfe and Kurt I and Burghs, and the Liil oi UjrCollo- aelli I 1 3 jfgainjt the War with England 1648, nells with their Numbers. The Eleuenth Aft, intituled, A Letter from the Parliament o[ Scotland to thefeverall Presbyte- ries within this Kingdome. The eighteen Aft, intituled, Aft anent the Oath to be taken by the Committee of War in the fevarall Shyres. The ninteenth Aft, intituled, Aft and Or- dinance concerning the Garrifons within the Kingdome, for Provifions of the Forces thereof, and adding of the two Months Maintenance to the former Fine. The twentie Aft, intituled, Aftfor the railing of Troops. The twentie third Aft, intituled, Aftordening all Miniftexs to exort the People to the Obedi- ence to the Lawes of this Kingdome, and aifuringthele Mini- sters of their Stipends during their Lyftymes. Aft twentie iburth, intituled, Aft ordening the whole Members of Parlia- ment, Noblemen, Barrens, BurgerTes, and all other Subjects and Inhabitants of the Kingdome, to fubferive the Aft for the Defence of the Lawfulnefs of this Parliament, and Obe- dience to the Afts thereof. The twentie fixt Aft, intituled. Aft and Declaration of Parliament, and Anfwers to the Sup- pofnions from Synods and Presbyteries. The twentie feventh Aft, intituled, Aft and Declaration of Parliament, in An- fwer to the Petitions prefented to them from fom Committees of War of Shyrcs. And all other Afts, or Parts or Claufes of any other Aft of the laft Parliament publifhed, and Grounds and Pretences thereof, in fo far as they import the Approbation, Purfuance, or Furtherance of the late un- lawful! Engagement : And this general Claufe is declared to be als fufficient for repealing and annulling of them, as if the Tenor thereof wer heerin infert, wherwith the States dif- pence. Siklike, the Eilates annuils, refcinds and repealls, amongft the imprinted ACis y the Commiilion granted to the clofe Committee, concerning Bernick and Carlell, againft which divers Members of Parliament entered their Diifent and Pro- tection ; the CommiiTions granted to Duke Hamilton^ and o- thei' Officers of the Army ; the Ordinances in favours of thofc that protefted m -Fjfc and Haddington^ the' Ordinances for giving Thanks to thofe who in their feveral Shyres prefented Petitions, or v/rir Letters for encuraging the Parliament to gne on in the Engagement ; the Aft anent the Colleg of jvftice, and ther CoIIonell j the Aft anent the Lord Co : \ yfgdinjt the War 'With England 1 648. 119 chrans, Laird Cart hi and and Alexander Craw fur d y their going to Ireland ; the Aft anent the Magiftrates and Cbuncell of Glafg'j-iv ; the Aft ratifying the Afts of Committee made in the Recefs of Parliament, and all other imprinted Afts, or Clau- fesof unprinted Afts, Grounds and Pretences thereof, in fo far as they import the Approbation, Purfuance or Furtherance of the faid late unlawfull Engagement: And this general Claufe is declared to be als fufficient for repealling and annulling them, as if the Tenours therof wer heerin infcrt. In lyk Manner, the Ellates of Parliament condemns, annulles and relcinds all the Afts of the Committee of Eliates, contained in the Table fubjoined to this Aft, and all other Afts, or Parts ©r Ciaufes of any other Afts of the faid Committee of Ellates, Grounds and Pretences thereof, in fo far as they import the Approbation, Purfuance or Furtherance of the faid late Engage- ment : And this general Claufe is declared to be als fufficient for repealing and annulling of them, as if the Tenor thereof wer heerin infert, wherewith the laid Eltates difpence. And in lik Manner doe annul, condemne and repeal, all Afts made and Deeds done by the former Parliament and Committee ofEftates, contrarie to the Libcrtees of the Kirk, or anywayes encroching upon the fam ; in particular thofc which follow. Firft, Ther emitting of Declarations, con- taining Things highly concerning Religion, not only without Aduice or Confent of the General Affcmbly and therCommil- fioners, but contrarie to their exprefs Dcfires, Supplications/ Remonftrances and Declarations, declaring the fam to be dangerous and deflruftive thereto ; efpecially the reftoring the King to Honour, Freedom and Safty without fufficient S. rity firlt had from hint for fecuring of Religion, as is more fully expreft in the De/ires and Reprefentations of the Com- boners of the General Aifcmbly. Secondly, The pu: of an unfound ploft in the Clofc of the Declaration of the lament upon the Covenant and Afts of the General Af- fembly, in thofe Thing! thai concern our Deutv to the K n forth in the Representation of the i. Ifciflion of the Alterably, .for the I -i> a> ihall be - fttitutedfoi their concurring in or pcea r unlawful En- cfen- i2o Agdinft the War with England 1648; ting of the Proceedings of the Commiffion of the General*! Aflembly, by the Parliament's Letter of May the eleventh to the feueral Presbyteries, and indevoring to inccnfe them againft the Commiflion of the Generall Aflembly, and tc prepoflefs with Prejudices the CommifTroners to the follouing Aflembly. Fifthly, The taking upon them, in the Acl and Declaration of the Parliament, commonly called the Band, to judge and determine fuch Things without Advice of the Kirk, wherein the Affehibl'ys of the Kirk haue a fpecial Inte- reft of an antecedent Judgment, as who are Enemees to' Religion, and who not, and what are the mod fit and.necef- fary Remedees for preferving of the fame. Sixthly, Ther de- priving of the General Aflembly and ther Coramiffioners of the Liberty of prenting, by putting ane Inhibition to the contraric upon Prenters under the Pain of Death, againft feueral Acts of Parliament declaring and conftrening the Kirks Liberty and Privilege of Prenting: Andfiklike difclaims and condemns ther impious Usurpations, in eating in the printed Copies of the Caufes of a folerh imiverfal Fa ft and Humiliation, in- ditted by the Commiflioners of the Aflembly, and inhibiting of the Prenter to give any out of his Hands, thereby intending to interrupe the obferving of the Faft, by the Want of Infor- mation of the Reafons and Caufes thereof. And alfo annuls and repealls, difclaims and condemnes all and fondrie others Acts made, and Deades done by. the faid Parliament and Committee of Eftates, or by their Anthority, that may infer a- ny Prejudice to Religion, or the Pour, Privileges and Liber- tees of the Kirk, which we are bound by fo ftrong Bands and fo folemne Obligations to maintain : And fiklik annulls and refcinds all Acls of Committees of Shy res or Burghs-Roy all, or of Regallity, Barrony-Courts, or other Judicatories what- fomever, made in Purfuance of that Engagement ; and or- daines all the fubferyved Coppies of the Band condemned by Generall Aflembly, to be brought unto the Parliament or Committee of Eftates, to be difpofed of as they fliall think fitted; and all other Acls, Grounds mor fully, and Pre- tences thereof, in fo far as they import the Furtherance or Pur- fuance of the faid late unlawful Engagement : Lykas, the Eftates of Parliament, upon the manyfould above mentioned Grounds, more fully related in the Declarations of the Com- riiiue? j4gahijl the War with England 1648; Hi irnttee of Eflates, and Information of the Kirk, being per - fuaded that the Prdteftatibns of the Members mad? in Parlia^ ment, and their Oppofitidns fince, by defensive Arme.v the Safty of the Covenant, Caufe and themfelves, from Ruine, againft fo great a Defection carried on with fo great Opprt': and their Proceedings in the Treaty at Stirling^ diveUing the Engagers, with their own Confent, of Power and Force v. they had in their Hands, and their Affurance give; the Act of the 6th o&Ottobsr, to the Kihgdome of fcnglar.d, for debarring of the Authors and Abettors of that Engager from Places of publick Troft or Power without their Confenr; ivhich was demanded by ther Forces as the leafr Sate c faclion and Security before ther Removal!, and ther Proceeding publick Acts in the Purfbance of thefe two Treaties, to fee thofe who had concurred in the Engagement from Power in Judicatories, Armees or Places of Trufl untill the Determi- nation of a Parliament, wer Lawes in themfelves, and n< fary for them according to the Condition of Affaires : Thcr- For the Eftates of Parliament do allow, approve of and con- firme the DifTent and Proreftation made in Parliament by many faithful Members of each E irate, wherofthe Tenour follows : ' wheras the Draught of a Declaration ! read, concerning the Breaches of the Covenant, in Mate Religion, end the Demands to be made for Remedv and Re- paration therof; the Dangers to Religion, and the D. v.hcreunto we arc obliged by Covenant, for Reformatio? Uniformity in Religion, and the Security to be had for the eftablifhingthc Came, upon which Grounds alfdaWar is fotii td : And whereas we haue earncftly defired an.! ' that there may be no Proceedings to any Determination con- cerning the (aid Declaration, befor tlie Commiflion of the General I Aifembly be firit confulted therin, we do he: citer our DifTent from proceeding fo t!;e Determination 01 Maters fo highly concerning Religion, without th fc Advice ahd Concurrence of the Kirk, as a Preparative of ra< . rous Confcqufencfc td Religion, and defl of the Church ; as fcohtfarie I -ionaland S League and Covenant, and to the known Lawes oil ftife of this Kingdorfie : And we dne proteft, that Vft mav not be included in ai may be free of all the Giltynefs, Confuiions, Diffractions and Evils whatfoever that may follow thereupon to Religion, the .King, this Kirk and Kingdome, and the Union betwixt the Kingdoms.' And ficklik allowes the rifing of fuch Shyres and others who joined in Armes for oppo/ing of the laid Engagement, and re fcuing the Kingdom from the Oppreflion of the Forces un- der the Command of the Earle of Craw fur d, Earle of Loner k and George Monro, and thcr Proceedings in Purfuance there- of : And alfo ratifies the late Treatie at Stirling and Edin« lurgb, upon the 26th and 27th of September laft ; and fick- lyk allows the Treatie and Engagement to the Kingdome of England hy ther Anfwers of the 6th ofOflcber laft, and the Aci for debarring of the Engagers from publick Troft in this Kingdome without their Con lent ; ficklik the two Acts of Committee of the 2 2d of September and 4th oiOttober, and the Acl of the oth of November, all made for debarring of thofe who concurred in the late Engagement, from the Ex- ercifes of publick Places or Troft until the Determination of this Parliament : Likways the Declaration of the Committee of Eftates, concerning ther Proceedings in Oppofition to the late unlawful Engagement again ft England, of" Date the 27th of Ottober laft, publifhed to the "World ; and the Acl of the faid Committee for making of the publick Acknowledgment, and renewing of the Covenant, and the A 61 of the Committee of the 14th of richer laft ; all which the Eftates of Parliament, as is aforefaid, doe allow, confirme and ratifie in all the Heades, Claufes and Articles thereof; and this general Claufe is declared to be als fufficient for ratifying and confirm- ing of the (aids Acts and Claufes thereof, as if the Tenors of the fam wcr heir particularly infert, wherewith the Eftates for Pa ids doe hierby difpenee. Follows the Lift of the Acls of the Committee of Eftates for advancing the Engagement. Acl for difplacing of fuch of the Committee of Warr as wold not tak the Oath j Acl for fending thcFourty thouland Pounds for Ireland; Warrant to quarter upon the Deficients in the unlawful Engagement; Letter? to feveral Shyres for aduancing the Levie ; Letters, millions, Defires and Anfwers for bringing the Forces out of Ireland ; Warrand for impriionning the Magiftrates and GounicU Jlgainfl the War with England 1648. 123 :ifell of G/a/gow, for ther Deficiencie in the Levie ; the Oath to be taken by the Committee for maintening the Pro- cidings in Parliament ; Approbation of the Earle ol and General Major Midhtone, for ther bate, cruele and ur tural Proceadings againft the honed and confcicncious People that met a: Maud an-Mootc ior their o\ ^e, whilk was not done without the Bafencfs and Treacherie of iom . on to the Captain of Qanronald and H excommi::. s ; Aft for doping of Printing, notwithstanding of the Ivirks Liberty ; Letter to l . to pro- le againft rhofe that refnfed to obey their Orders for the Engagement, as Enemies to Religion, King and Kingdomes ; "Warrand to Duke Hamilt:n to garrifon the lioufes of the bed aiFefted in the Waft ; Warrand to the Marquis to delyver Lammd ; Commiffion to the Earle ol command the Forces that cam out of Ireland -, Aft for drc Dittays againft the Miniftcrs, and for Continuation rf tl Procefs until] a new Citation ; Commitnon to Sir A' jlafs oi \ Blackftone (a prime clafled M tlignant, for hauing Hand in the Rebellion of J.. to uplift the 1 I of the honeft Men in the Weft for being a; ComniifTion to young MacLene % who had bene in the Re: on, to be a Collonell; Declaration anent the L and his Army; Warrand to Duel: Hamilton to invade Engi the Declaration of the Committee of Eftatcs anent the Necef- fity of invading England; Aft for repaying Moneys advan- ced for the Engagement ; Letters to with Ducke Hammitton 9 * Army , Warrand to Mr. Georgg Hal.' to borrow Money in Eng/a tith nnlimil • > the King and Parliament ol \ ing their Intentions in the Engagement fent with Mr. Aft taking of! Sir John D mitteof Eftates, and Meflages t< I fl >ry ; Pi dure Jeneral Allembly ; Iinprifon Illonell Scot ; Approbation of the I thou Aft for the Lcyic of On thoufand u "I 24 jfgahft the War "with England 1648. Pretext of ane Gaird to the Prince ; jCommiffion to Mach* tojb for ane Garifon to the Houfe of Innerlochie ; Warrand to jevie T roups lor advancing the Engagement , Commiflions to Puke Hamilton to be Governour oi Bentick, and the Earle of Calender cf Car/He ; Precept to General Major Robert Monroe for ane thou fan ns and Warrants to Earle ni Sea for: ,eud % Sir J&mfs ./n, and the prefent Proceeding of the ivcli- and Government, with an Admonition ami Exortai cral ■'. commui . 126 j^gainfl tne Toller at ion and sectaries. Knouledge, they do return unto you ther herty Thanks, both for your good Correfpondence, which this Parlia- ment will with aii Cheerfulnes cntertaine, and for your great Care and Faithfulnes in giving fuch neceifary and icafonable Warnings and Teflimonys againit. the Dangers of the Tymes, on all Hands* at all Occafions ; and doe hertily concurre in the Grounds thereof, againfl: Tolleration and the prefent Pro- ceedings of Sectaries in England, in reference to Religion and Government, and in the Admonitions and Encuradgments fo fully cxpreJTcd in the laid Paper ; and doe mo ft willingly adde this our Teflimony thereunto, that our Brethren in England may be the more moved by the Mouth of tuo "Witneffes, and efpeciallie focb as together with them ftand and fail, and ar covenanted with them for mutuall Good, to lay thefe Things to Heart, and to abfteenefrom all luch fin- fai and dangerous Courfes ; and the faithful not to fant under thefe Afflictions, or to omit any neceilary Teftimony or Du- ty againft the Corruptions of the Time ; and becaufe ther hath been feverall Afpertions publiilied in printed Pamhplets, for the flrengthning the Hands of thole who goe on in thefe finful Courfes, and for difcouraging the Hearts of thofe ^who are (offering under them : Therefor the Efiates of Parliament, after diligent Inquirie at all the Members of this Court, upon ther pubiick and folcmn Oath, both concern- ing themfelves and others, do declare, and can afTure ther Bre- thren ztEagbna\\hz\ they cannot find, that either thisKingdom, or any Perfon thereof, hath any Knowledge of, or Acceffion to the late Proceedings of the Englijh Army in relation to to the King's Perfon, or the Houfes and reftrained Members therof, but are very confident ther is no Ground for fuch Afperfions : On the other Hand, fo (bone as this Parliament was convened and conftiruted, and hard of the prefent Po- fture of Affairs, they being nowayes fatisfied with ther Pro* ccedings, and the Reafons thereof published to the World : And being convinced of the dangerous Consequences therof, and Calamities lick lie to follow thcrupon, they did give prefent Inftructions to ther Commiffioncrs, upon many Reafons founded on the Obligations and Declarations m^de bctueene by both Kingdoms, of which the flatter of Facl is fully ex- yfgainjt the Sectaries and their ^Proceedings. 1 27 cxprefled by, in the Paper given in by our Commiffioners on the fixth of January inihnt, to the Speaker to the Houfc of Commons, in our Name, and according to our Mynd, and hecrwith communicated to you, to prels a Deby of all thofe Procedors againft the Kings Perfon, the Princes Right oi Succcflion, or the fundamental Government of the King- dome, until this Kingdome were hard to reprefi-nt tlicr In- terests and Dcfires ; and, in cafe of ther Rcfbfil* that they fhould enter, in the Name of this Kiogdbme, a Diffent and Proteft, That as this Nation is free from all Knouledg of, and Acceffioa of thefe Defignes and PracHfes. Jo they may be free of all the Calamities, Miferics and Confuiions which *may follow thereupon to thefe diffracted Kingdoms ; and as our conftant Refolution and earned Dcfire, to preferve inviola- bly the Peace and Union betueene the Kmgdomes, will evi- dently appears to any who will read (befides all our former Actions and Sufferings for it) our Act of approving the In- dication of this prcfent Parliament, and our Act in repealling all pad in the laft Parliament or Committee of Eftates for the late unlawful Engagement againft: England \ and as you are Witnefs of our keeping a folemn Day of Humiliation, not only for our oune Sins and Miferies, but alfo for the Sins and Diftrcifes lying on our deare Brethren, and for fceking the Lords Directions to us, that we may know and perform al the Deurees which the Lord requires of usct fiich a Tymc, after fuch Judgments ijnd Deliverances on his Part, fuch an cut and renued Covenant on our P?.rt. not only in relation to our oune AiTaircs at horo< what may concern Religion, King, and Kingdoms, accord - to the Solemne League and Covenant in thefe unite J ions : 80 we, with ' e, declare that it i. cenft^nt Refolutions, to gi\ - i cftimahy, and doc all neccflary Durecs within our Pour and the Prefcrvation of the begun R< inft Tollcra- tion of all Religion, and ol the fundament nment a- gainft Anarchy and Copfuuon : and I and pre the Peace all :'.. in tl 128 jl gain ft the Sectaries^ &c. gion, and for the Observance of the manyfould Declarations emitted betueene and by both Kingdoms to the World, in the pofitive and neceiTary Dutees, lor purftiance of all the Ends of the Solemn League and Covenant, and to this Effect we ar and fliall be moft ready to do all, and interpofe in a!l Earneftnes and Sincerity of Heart ; and by all lawful and neceiTary Means, with all whom it may concern, for ietling Trouth and Peace in thefe Kingdoms, upon the Grounds •and Propofitions fo often agreed unto, and fo long infilled upon by thofe tiio Nations, and upon what farther fhall be fund fafe and nccelfary for the removing of thofe Diftempers, and preventing new IlTues of Blood, Calamitys and Confuiions in thofe Kingdoms, which the Searcher of Hearts knoweth to be the earned Defire and firme Refolution of this Kirk; Court and Kingdom. A V? VIII. Of Gaffes for purging the Judicatories and other Places of publick Troft. 2$d January 1649. At Edinburgh, the 23d Day of Januarij 1649 Yeares. THE Eftates of Parliament, prefently conveened in this fecond SefTIon of the fecond triennial! Parliament, by Virtue of an.e A6t of the Committee of Eftates, who had' Power and Authority from the laft Parliament for conveen- ing the Parliament, cohfidering that foralsmeakle as the late Committee of Eftates did, in the Indication of the Parliament, by thcr Act. of the 27th of Oficber laft, declare and warne, ss after follows, to witt, That whereas the Corruption of judicatories in this Kingdome, and Officers of Eftate, and o- ther Perfons in publick Troft, haue bene the Caufe and Fountane from whence our former Evil 1 hath proceeded ; and whereas, by our folemne Acknowledgment, agreed up- on by Church and State, r:t are bound fo God, by our/' Engagement to England we are bound to them, and, by the forfaid publick Declaration, we are obliged, before the World, to endevore the Purgation and Reformation of our Judicatories, and Places of publick Troft. And forafmeakieas the forefaids Perfons, and all who are in publick Troft, ar lyabie to the Judgment and Cenfure of PsrHarafttff tot tht: ti'QQS&tit ft iktit icvml Pfaces and Of- Warning by the Committee of Eft at es. 12^ fices. Lykas, by the Agreement at EtRmhrgh and Stirling^ al fuch as haue bene employd in publick Places and Truftj and haue bene accellbry to the late unlaufull Engagement, forbear the Exercifes of ther Places in the mean Tym ; and all Queftions ar referred to the Determination of the Parlia- ment : And whereas bv the faid Treaty all thofe who haue bene accefTory to the faid Engagement ar chalengable for the faid AccefTion, at the leaft in Co far as concerns ther Places and publick Truft, and the debarring of them from any of thefe : Therfor the Committee of Eftates doe heerby warne and cite all and every on of thofe ivho extra nce % Place t pr publick Trufl, or who wer Members or Clerks of any pub- lick Judicatories of whatfoeuer Degree, Quality or Condi- tion foeuer, in Burgh or Land within this Kingdome, and hath bene acccflory to the late Engagement, or ar guilty of the Faults mentioned in the printed Acts of the 2 2d of Sep- tember and 4th of October, to compeare before the Eftates of Parliament at Edinburgh, the 4th Day of Januarij next to come, in a peaceable Way, accompanied only with their ounc domeftick Servants, to heare and fee the Parliament tak fuch Courfe as thev in their Jufrice and Wifdome, for the Good of the Kingdome, fiiall think fit, for purging of -he Judicatories) and for declaring their Places vacand, and filling them with fuch as ar able and qualified Perfons, fitted for the Service, and may giue mod Contentment, and as have conti- nowed conftant in the Covenant and Caufe in the Time of Trvall, and f>r debarring them who are put our from any pu- blick Places or Truft, during fuch Tyme and in inch Maner as the Eftates of Parliament fhall think fit ; with Certification trt enerv on of thofe Perfons concerned, as is above faid and W&ifned by thh publick Proclamation, which the Committee of Eftates declares that they find it a fufficient tntim in this noturCafe of fo great and publick a Backflicjingi to all Pcrfms concerned therein, for the Effect fci n equivalent to a perfboal Citation, or at ther Dwclling-Houfe. upon particular Sliltilhi l l euery on of them, to compeir befor the Kft.itcs oi P r.t, as is be* for laid, and compeir not, that then the I | both to determine the general I Queftidn and the particular concerning their Places and Troft, a:. R 130 Atl of Gaffes. Courfe they fhall think fitting for the Good of the King- dome : And forafmeikleas the Eftates of Parliament, be- ing now conveened. haue ratified the forefaid Act in al the Heads thereof, and by open Proclamation intimate the fame : Lykas, they haue made their folemrie Acknowledgment of the publick Sins and Breaches of the Covenant, and ther folemne Engagement to all the Deuties conteined therein, namely thefe which doe in a more fpecialf Way relate to the Dangers of thofe Tymcs, and in relation thereto haue renued their Solemne League and Covenant before God. and, by ther A6t of the i 6th of January initant, haue difchrcmed and condemned the late unlawful! Ingagement as contrary to Gods Word, and a manifeft Breach of Covenant and Trea- ties, as deftruclive to the Carafe and Covenant, to Religion, the King, and thefe Kingdomes, and is the Caufe of all the Oppreffions aiid Miferies that hath followed or may follow therupon : And therfor. and for many other Reafons, haue nnulled and repealed all Acts made by the late Parliament and Committee of Eltates in Profe« ution therof and haue ratified and approver) the Protestation in Parliament and Oppofition made thereof by this Kingdom againft the Authors and Abetters therafter, and the late Tieaty made at Stirling, debarring al acceffory to that unlawful! Engagement from therExercife of ther Places or publick Troft untill the Meeting and Deter- mination of his prefent Parliament, unro whom all Civill Qiieftions ar referred : And lykwayes hath confirmed the Aifurance given by the Committee unto the Kingdome of England, that we fiiould not admit any of thefe Authors or Abetters of the late Engagement to any publick Place or Truft without the Cunfent of that Kingdom againft which ther Engagement was, as is more fully exprcft in ther Anfwer of the tfth'of Orfoher In ft : And wheras the Eftates of Par- liament ar not only fatisfied of the Trueth, Laufulnes and jNeceilitie of, the forbids Grounds, but alfo ar convinced in ther Conferences, from the Word of God from the large Treaty betuene the Kingdoms, and from ther Oath of Par- liament, from ther Solemne League and Covenant, efpeci al- ly from the 2d, 4th and 5-th Articles thereof and from foci and deir boght Experience, that the malignant Dealing of feme, and the profane Loofe-walking of others, who haue •bene Act of Clajfes. 131 bene Members of Judicatories, and imployed in Places of Power and publick Troft, hath bene a cheefe Caule of all the Evills, both of Sinne and Pun i foment, tinder which the Land groanes ; and that the Lord requires in his Word, that thole who judge and beare Charge among his Peo- ple, Could not only be able Men, but fuch as fear God, hate Covetoufnes, and deale trewjy ; and that it is of fpe- ciall Importance, for the Remeeuee of all our Evills, and for fecuring and aduancing of Religion and Righteoufnes, for keeping a right Understanding betuene the Kingdomes, and for profecuting all the Ends of the Solemne League and Co- venant, and for removing the Judgment of God, and pre- venting or dilappointing all the Defignes and Oppofitim jf Ennemies of all Sorts, and for procuring the Bleflmg of God wpon the whole Land, that Men, not only of known Abili- ties, butTaKo of approven Integrity, and conftant Affection to the Caufe, and good and Chriftian Converfation. be in- truded in all Judicatories and Places of Power and Trull, according to the feventh Deiire of the Commiffioners of the Church, given in to the laft Parliament, as fo abfolutely ne- peffary for the fecuring of Religion, which by the Ingagers therafelves, in the Treaty at Stirling, is fubmitted to the Church thcr Determination ; which Determination, anent the Qualifications aforefaids, is clearly, fet down in the >. 6, 7, id & 12. Pages therof the Acknowledgment and ther De- claration emitted to the World. Therefore the Eitates of Parliament, remembring weell the laudable Precedents of the Parliament 1 64 1 . and 1646. and fcveral others, for Purgation of the Judicatores and Places of Troft ; and considering, that all Peribns, both by the comon Law, by many Acls of Parliament, and the N.i- tur of ther Place and Truft, ar comptable for their Proceed- ings in ther fcverall Places and Truft which they haue ad vitam aut culpam ; and confidering how great 1 Fault it is to Haue had any Hand or Acceilion in the enacting or enforc- ing or profecuring fo unlaulull ane Engagement, thcrbv trailing on the Land, fo far as t' the W rtth of God, and all the Miferics of a War with our Breth r< I ; , againft Covenant, T: od many Warnings from the Kirk and CoDtiy, to (he Petitions Ercna man;. 1 32 The Ftrji Oafs. nod?, Pretbyteries, and Shyrs, and the folemne Acknowleg* rnent, Performance of ther Voues to God, Declaration e- j fitted to the World, and AlTurance given to the Kingdom j 0$ England, both in the large Treaty 1641. and late Anfwer ; 6th Ofiobpr hft.. for fatisfeing of the Kirks juft Dcfires, for Purgation and Reformation of our Judicatories, arid for De- termination of this Queftion anent Places of Truft, referred • by the Treaty at Stirling to their Determination, and for I deterring all others in this or fubfequent Generations, who Khali be intruded with publick Power or Place, from drauing • on this Nation the Guil tines and Mifery of an ofTenfiue War, . and againft Covenant and Treaties, and publick Warnings from Church-Judicatories and Shyres, and for encuraging ail who ihail be in publick Place or Trufr. hi Tymes of new Straits and Try alls, to ahyd conftantly by the Caufe and | Covenant, and to giue evident Teftimonies therunto againft | all Defection and Apoftafie : The Eftates of Parliament, up- on this and many other greate and weghty Confederations moving and preffing them to this neceffary Duty, doe ther- for declare, enacl and ordain, That al thofe Officers of E- [ Rate, Members or Clerks of the Parliament, Committees 'f therof, Secret Counfell, Seffion, Exchequer, Juftice Courts, Sheriff-Courts^ Steuart-Courts, Baillie-Courts, Commefar- Courts, Baillies of Regality -Courts, Wairden -Courts of his Majcfries Mint-Houfe. Admiral! Court, Gild-Court, Town- Counfell, or anv other publick Judicatory, or Deacons of Crafts, and all who had any Office, Place, or publick Truft, arid all hauing Deputation from, or Deoendence upon any of fchofe aforefaid, who were guilty of any of the Faults conteined in the four feverai Claffes after mentioned, fhall be remoucd and fecluded from publick Truft, according tQ j the feverali Rules ref^ecliv} after following. The Firfl ClaJJe. The Eftates declare all thofe to be comprehended in the flrft Clafs, who wer General! Officers which led and acconv panied the Army unto England, and all thofe Officers who continued in the Engagement who commanded in Mauchlcn- . re qx n\ Stirling ; and ajl thofe who were principally ac. tiuei The Second Chfs. 133 tiuc in perfuadding or bringing over of the Forces from Ire- land, and all thcfe Perfons who wer Plotters, cheefe Actors, and prime Promotters of the late unlaufull Engagement, frcrn, the Beginning to the End therof, in Parliament, Committees, or otherwayes. And fickl) k, all thofe who wer cheefe Actors and prime Promotters of the horrid Rebellion of Jm GrhamCy and who fince haue ather accepted of Charge, or joined as Voluntars in the faid unlaufull Ingagement, or ta- ken the Oath in Committees, or fubfcryved the Band, for themfelues or others, for the Engagement, or fat in the Committees or other Meetings, and gaue Order for profecut- ing the faid Engagement, or who otherwys gaue or receiued and execut Orders againft others for profecuting the Engage- ment ; as alfo fuch Clerks of Parliament, Committees there- of, Secret Counfell or Seffion, who wer giltie of any of the Faults contcined in any of the ClaiTes at St. Andrews, and re- teening ther former Principles of Malignancie, and haue bene acliue in their Places or Implements for promouing the late unlaufull Engagement. Tke Stand Gaffe* The Eftatcs alfo declares al thefe to be comprehended io. the fecond Claffe, who, not being included in the firft ClaiTe, haue bene formerly claffed or ceniured for Malignants, or < ty of the Crymes conteined in the firft and fecond CI at St. Andrews, of" the Date at St. Andrews the Day of On thoufand fix hundred and Yeares ; and fince haue athcr !.arge, or joined as Voluntars in the faid un- .11 Ingagement, or taken the Oath in Committees, or lubfcryved the Bond, for themielvcs or others, for the En- .':ient, or fat in Committees or other Mcctir -mc Order for profecuting the faid Ingagement, or who other- vayes gaue or received and ex-cute Orders againft oth lgement : And ficklik all thofe Pcr- fons. .: former! and not being included in the G ers which wer upon a; Sc$t lend tot the faid E incurred in Petitions, 1 134 The Third Oafs. tions, Remonftrances, or Letters for moving of the Parlia- ment or Committees to carry on the Engagement : And fick- like al thofe who proteft againft the Caufe of the Fad, or the Kirko Declarations, or Petitions of the Presbyteries orKirk- SeflTions aganeft the Engagement, or read or caufed read at Kirk-Dores the Commit :ees Obferuations againft the Affem- blys Declaration, or interrupted diuine Service, or Majeftrats, or Perfons of Quality, or who remoued at the reading of the Alfemblys Declarations : Sicklyke al thofe who not only took the Othe injoined by the laft Parliament for the En- gagement, in Committees, or fubferibed the Bond, or decla- red thcmfclues ready to doc the fame, but alfo fecluded others, or proteft againft others for ther not taking of the Oath, or not fubferibiag of the Bond : Sicklik all thofe who enjoin- ed and preflcd others to fubferybe the Bond, or tak the Oth for carrying on the Engagement : And ficklik al thofe who concurred as Member^ or Clerks in Acts of Parliament and Committee of Eftates for profecuting the faid Engagement, or for preffing others thereunto, and fuch who confulted and gaue Advice for purfuing or profecuting of the Profefs a- gainft the honeft Minifters who were at Mauchlen- Moore, or any others, for ther oppofing or not joining in the Engage- ment. The Third CI atfe. The Eftates likewayes declares all thefe to be comprehend- ed in the thrid Clalfe, who not being included in the firft or fecond ClaJie, fat in Parliament and Committees of Eftates, and took the Oaths forfaid for the Engagement, or fat as Clerks in any of thefe or any other Jiuiicatorie, and gaue no publick Teftimony againft the faid Engagement, carried on therin by ther Service, or wer anyway known to haue .bene for the fame in ther Judgment, manifefted by ther Expres- sions and Actions i fiklik all thefe Perfons who haue taken the Oath forfaid, or fubferived the Bond for the Engagement, or who, in Committees of W r ar or other Meetings, Town- Counfell or other Courts, haue refufed or oppofed the Defires .ofan\ Petitions from Shires, Presbyteries, Seffions, or other JKirk- Judicatories againft the Engagement, or concurred in Aiis to force the DUFcnters, Petitioners, or others., to concur in T'he Fourth Oafs. 1 35 In the firft or fecond Levies, or other Acceffion to the faid Engagement, or with the Forces under the Earle of Crawfurd y Earle of Lanerk, Sir George Monro ; and ficklike all fuch who wer ather Forcers, Urgers or Seducers of others to con- curre in the faid Engagement, or with the for laid Forces : And ficklike all thefc who except Commiffions to be Officers, or joyned as Volunteers to the Forces under the Duck of Humeltone, or the Earle oi Craw fur d, LjnerL or Ceorge .Monro : Lykas all Perfons who in ther Speeches and Actions did evi- dence ther Judgments for and Affection to that finfull Gourfe, or who in fuch a Tyme of Tryalle. after fuch Petitions from the Shires, and fuch Declarations and Warnings from the Church, evidencing to all the Unlawfulnefs of the Engage- ment againft Covenant and Treatie, did not give any Coun- tinance to the Caufe or Tcftimony of ther Judgment and Af- fection againft fuch a Defection and dangerous War, when and where they had the Opportunity to do it with others. * The Fourth Chtfe. The Eftates of Parliament in lik Maner declares all thofe to be comprehended in the fourth Claife, who being Mem- bers of Judicatories, Clerks, and Perfons of publick Troft, as a- forfaid, ar given to Uncleannes, Brvberic. Swearing, Dnuken- nes, or Deceaving, or ar other waves openly prophanc and grofly fcandalous in their Conversion, or who neglect the "Worfhip of God in ther Families: The Eftates declares, en- nacks and ordens, that all fad) Officers of Eirat. Members of any Judicatorie. Clerks, and others befor mentioned, and all Perfons in publick Place or Troft v. | the Faults before fpecifieJ, contcned in an-. four Claf- efix fet doun, he prefenl by this Parliament or fuch Committees or P . ifed with Pouer to ihai ; uiJ all St. . . - /. 136 The Fourth Clafs. Places belonging to them ad vltam vel culpam be declare^ vacant, and filled with other Perfons who haue given reall Proffe of ther conftant Affection to the Gaufe, and a good Converfation ; and that thofe who heerupoh mall be remov- ed from ther Places and Offices, or heerby difcharged fre mcdling thereafter in any Exercife, Bage or Benefere therof, under Pain of Confifcation of ther Moveables, Liferent of ther Eftates, Imprifonment of ther Perfons, being for ever declar- ed uncapable of the meaneft publick Truft within the King- dome : Lykas the Eftates of Parliament, upon the many fold Grounds aforfaid, doth declare, enact and ordein, that nen of thefe Perfons, who are guilty of the Crymes conteined in the firft Gaffe, mail ever be cappable of, or admitted to any public! Office, Place or Truft aformentioned within this King- dome, during all the Dayes of their Lyftymes : Lykas they declare, enacl and ordene. that none of thofe who are guiltie of any of the Crymes mentioned in the fecond Claffe, lhall be capable of, or admitted to any publick Office, Place or Trofte aformentioned within this Kingdome for ten Years to come, and farther, untill they haue giuen fufficient Evi- dence of ther Change of ther malignant Principles and Prac- tifes, and of ther firme Refolution and Affection to promoue the Ends of the Covenant in all Tymes of fubfequent Tryal, wherof the Judicatories of the Church and State refpeciivt, hauing Pouer for that Effect, ar to judge impartially as in Gods Sight, and therby haue giuen Satesfaclion to the Kirk and to both Kingdomes, fo far wrought by them, according to the Affurance giuen on the fixt of OCiobev Lift. Lykas the Eftates declares, enacts and ordains, that no Per- son who is gilty of any of the Faults contained in the thrid Claffe, (excepting thefe that are after excepted) fliall be capable of, or admitted to any publick Place, Office or Troft aformenti- oned within this Kingdome during five Yeares to come : And farther, until they haue giuen fufficient Evidence of ther Change of ther malignant Principles and Practifes, and of ther firme Re- folution and Affection to promoue the Ends of the Covenant in all Tymcs of fubfequent Tryall, whereof the Judicatories of the Kirk and State rt/pe&ip*, hauing Pouer for that Effect, ar to judge impartially as in the Sight of God, and thereby haue giuen Sitesfaction to the Kirk and both Kingdoms, fo far wronged Exceptions from t Tes. i$f pronged by them, according to the AfTurance givft fixt oi'Ocioier laft. Excepting rhofe who, before the Tyme of mouing of the Engagement, wer known to have bee rn the Caufe of God, and not malignant, end who wer knoune by ther Carriage to haue bene agaihft the Ing . ment in their Judgment, and did concurre in petitioning, diilenting, protefting, or ryling in Amies, or othcrwa did beare Teftimony againft it as they hadOpporre; who not knowing the Nature and Driftc of the Band and Oath for the Engagement ; which Perfons forfaid, hauing rhd forfaid Qualifications, and giuing Satesfatfrion to the Kirk,' ar remitted till the next Seflion of the Parliament, at w! Tyme, according to their Repentance and Carriage, they may be declared capable of publick Places and Troft, fa as the Parliament mall think them fit : Lykas the Elates de- clares, enacts and ordeins, that no Perfon contened in the fourth Chile fhall be capable of, or admitted to any pftbJick Place or Trufl within this Kingdom for a Year to co- further, until I they haue giuen to the Judicatories of Church and State rt/pt£Hvc % fuffictetit Evidence oT ther Change bf I prophaneand fcandalous Life, and of ther firme Kclolution and conftant Endcavore for a good and Christian Converfatione, whereof the Judicatories of the Church and State (hall ):. irtially, as in Gods Sight, and this without D&fogatfoq the former Lawes made againft the lame. Lykas it is hereby declared, That where my Perfons ar excluded by the former Claitc from the Exercife of the 1 ■ Offices, that, during the Tyme of ther S eel u /Ion, trcicr Places fha!l be . by fuch I Committee of Eftates, or others authorift fhall ac fcrve therein for the Interim. -dwayes hecrby declared, Tl not be ex'; Faults aforfaid, fhall, within th cation herof if they be within thi without the Kingd tprne to t: State ref]\\. *3^ jJgahfl Witches ', &c lignant Principles and Praftifes, of their firme Refolutiori and Indcvore to promoue the Ends of the Covenant in all Tymcs of fubfequent Tryalls, and fhall behaue themfelves accordingly tinto their Majority, and \vho within fix Months after Majority lhsll ratifle the fame. It is declared, That this Aft is without Prejudice to what further Cenfure the Eflates (hall think fit to inflifte upon thefe who ar guilty of the Faults aforfaid, and hath not, by ther dew Acceptance of the Benefete of the Treaty at Edin- burgh and Stirling. The faids Eftates declares, That they referve to themfelves the Confideration of fuch Perfons as may fall under the Ex- ception of the thrid Gaffe, and what mall be done concern- ing them in the Committees of War of the feverall Shyres, v/hen" the Committees mall be nominat : And the faid Eftates ordains the Afte forfaid to be publifhed at the'Marcat-Crofs of Edinburgh by an Herauld, having difplayed Armes by- Sound of Trumpet, and thereafter ordeins the famen to be printed. A% XI. Jfgdinfl Confulters with Diuels and familiar Spirits ,• and again/} Witches and Confultcrs with them, ift February 1649. THE Eftates of Parliament, now convecned in the fecond Seflion of this triennial Parliament, underftanding that ther ar fome Perfons who confult with Divells and fami- liar Spirits, who, notwithstanding of the 73d Act of Q. Mary, whereby it is ordeined, That all Witches, Sorcerers, Necromancers, and Confulters with them, ar to be punifhed v/ith Death, do yet draue to themfelves Impunity, becaus Confulters ar not expreily mentioned in the faid Aft, doe therefor, for further clearing therof, declare and ordein, that whatfoeuer Per/on or Perfons mail confuhe with Divells or. familiar Spirits, ar Iyable to the Pains conteined in the faid Aft, and ill a 1 1 be punifhed by Death ; and the faids Eflates ratifies and approves all former Afts made againft Witches, Sorcerers, Necromancers, and Confulters with them, in the whole Heads, Articles and Claufcs thereof. M jrfgainft Fornication, &£• 139 yf/? XII. Againfi Fornecation. \fl February I 649. THE Eftates of Parliament taking in Consideration, that the Act made agaiuft Fornecation, in the firft Parlia- ment of King James VI. wherby it is appointed. That ilk Perfon that lliall be convict of Fornecation, als weell the Man as the Woman, (hall pay, for ther firft Fault, the Sou me of Fourtie Pounds, is becom in Difucrud in many Places of this Kingdome, and rendered ineffectuall, becaus on and the fame Penalty is injoined upon Perfons of all Ranks and Qua- lity, by which it corns to pafs, that the forfaid Sin doth ex- ceedinglie abound, unto the Diihonour of God, and Scan- dall of the Gofpell : Therfor, for the better retraining and .puniming therof, it is ftatute and ordeined, That whofoener liiall heirefter be convict of the Sinne of Fornecation, fhall pay for the firft Fault, ilk Nobleman Four hundrcth Pounds, ilk Baron and landed Gentleman Two hundreth Pounds, ilk other Gentleman and Burgefs One hundrcth Pounds, ilk Farmer Twenty fiue Pounds, eueric other Perfon of inferior Quality Ten Pounds ; and that thefe particular Penalties fhall be doubled toties auoties, according to the Relapfes and the Degrees of the Offence and Qualitie of the Offenders; and that the faids Penalties fhall be exacted not only of the Man, but alio of the Woman, according to hir Qualitie, and the Degree of hir Offence, the on without Prejudice of the other, and be deliucred to the Kirk-Seffion of the Parochin wher the Offender Hues, to be imployed by them upon pious Ufcs : And the Eftates of Parliament doth ratific the forfaid Act of the firft Parliament of King James VI. in all the other H and Claufes therof, declaring always, That thofe Things ihall be without Prejudice of the Cenfurs of the Kirk. Art XIV. Profanation of Charles II. King c/Grcatt Britan, 1 1 land. C $th Februarij 1 64 TIIF Eftates of Parliament, prcfently convcencd in the fecqnd ScfF.on of fhe fecond trieni anient, by f anc Acte of the Committee of Eftates, who and Authorise from the hft Parliament for conveening liament, confidcring, Th~t for - :hc King X4p Atl fr( proclaiming the King. : who latciie reigped, is, coptrarie to the DifTeut sn4 Protection of this Kingdome, now remoued by a violent £>eath, and that, by the Lords Blefling, ther is left unto ui a righteous Heir, and laufuit S ux cello* i Charles Prince of Scotland and Wallls, now King of Great Britane, France and IxeUiuU w£, the Eitates of Parliament of the Kingdome of Scotland, dee therfor moil unanimouflie and chcarfully , ia Recognizee and Acknowledgement of his juft Right, Title, and Succeffion to the Growne of thefe Kingdomes, heerby proclame and declare to all the World, That the faid Lord and Prince Charles 'is, by the Providence of God, and by the laufuil Right and undoubted Succeffion and Dcfcent, King of Great Br\t,une, France and Ireland, whom all the Subjects of this Kingdome are bond humbly and faithfully to obey, maintain, and defend, according to the Nationall Covenant, end the Splemne League and Covenant betwixt the King- doms, with rheir Lives and Goods, againft all deadly, as ther only righteous Soijerane Lord and King. And becaus his Majeliie is bond by the Law of God, and foundamentall Laues of this Kingdome, to reule in Righteoufnefs and Equi- ty, for the Honour of GoJ, the Good of Religion, the "Wealth ti{ his People, it is hereby declared, That, befor he be admitted to the Exercife of his Royall Pour, he mall giue Satisfaction to this Kingdome in thefe Things that concerne the Security of Religion, the Union betwixt the Kingdoms, and the Good and Peace Q^ this Kingdome, according to the National) Covenant, and the Solemne League and Co- venant I for the which End we ar refolved, with all polfi- ble Expedition, to mcjke our humble and earned: AddrefTes to his Majcitie : For the Teftification o.f all which, we the Pailjamenr. of. the Kingdome of' Scot/and publifh this our dew Acknowledgment of his juft Right, and Title, and Suc- ceilioh to the Groyne of tbel'e Kingdoms, at the Marcat- CrofTe oj Edwhifgfa with ail ufoaJl Solemnities in the lyk Cafes : And orceins his Royall Name, Portrait, and Stale, e iifed in the pubiick Writings and Judicatories of this Xir.^dome, and in the Mint-Houfe, as was "ufuallie done to Royall PredecefTors ; and commands this Ail to be pro- It oil the Marcat GroJTes of the Royal! B/ughes v/iih!n For Security of Religion, &c. 141 chis Kingdome, and to be printed, that none may pretend Ignorance thereof. Gqd fane King Charles the Sec Afty^V. Anent fecurirg the Covenant) Religion and Peace of \he Kingdom* *jth February 1649. THE Eflates of Parliament, taking to their mod ferious Consideration the unhappy Differences between their late Sovereign and thefe Kingdoms, caufed by the evil Coun- cils about him, unto the great Prejudice of Religion, and long Disturbance of the Peace of theic Kingdoms ; as like- ways the manifold Ac"h of Parliament, the fundamental Conftitution of this Kingdom anent the King's Oath at his Coronation, which, judging it neceflary that the Prince and the People be of one perfect Religion, appointeth, That all Kings and Princes who lhall reign or bearRule over this Realm, fhall, at their Coronation, or Receipt of their Princely Au- thority, folemnly lwear to obferve in their own Perfons, and to preserve the Religion as it is prefently eftablifhed and pro- fciled, and rule the People committed to their Charge ac- cording to the Will of God revealed in his Word, and the (iitution? received within this Kingdom, and do fundry other Things which are more fully expreflcd therein : And withall pondering rheir manifold folefcta Obligations to endeavour the fe eta ring of Religion and the Covenant before and above all worldly Intrefh, therefor they do enact, or- dain and declare, That before the King's Majcity who now is. 1 his Succeilors, fhall be admitted to the Excr- e fhall, by and attour the forefaid Oath, allure and declare, by his folemn Oath under his Hand and Seal wnr.ee of the ."'. tenant , and of the and Obligation to prolecutc the :*, rhercol in his Station and Calling ; and that he fhall, himlcli and his Succeflbrs, confent and agree to Afti 01 the Solemn League and Covenant, and fully eftablifhing Presbyterian Government, the Directory of February 1 1 THE Eftatcs of Parliament, taking into Confideratiop rd our God requires that fuch as 1 .Charge amOngft his People ihould be able I hatiti ufnefs, and dealing truly 1 and that many ol the ilvii and PunUbmenfj which the Land grones, h?vt T 148 For Reformation of the Judicatories, &c have come to paTs, becauTe hitherto they have not been fuf- iiciently provided and cared for; and being fenfible of the great Obligation that lies noon them by the National Cove- nant, and by the Qnlemn League and Covenant, and by many Deliverances and Mercies from God, and by the fo- lemn Engagement unto Duties, to advance Religion and Righteqnfnefs in the Land, and fill Places of Power and Trull with Men of approved Integrity, and of a blamelefs and Chriilian Conversation, and being convinced in their Confcicnces that there cannot be a more effectual Wav for bearing down of Malignants, and fuppreffing of Profanity, and iniquity, and Ungodlinefs, and rendering all the Laws already made, or hereafter to be made, forcible and effectual, for the Honour of God, the advancing of Religion and Kighteou fnefs, and the Good of the Lieges, than that all the Judicatories of the Kingdom confift of, and Places oi Power and publick Truft be filled with able apd honeft Men, do therefore ftatute and ordain, That no Perfon that is ma- lignant and difaffecled to the prefent Work of Reformation and Covenants, and againft whom there is juft Caufe of Ex- ception, or juft Ground of Jealoyfy, becaufe of their Difaf- feclion, nor any Perfon given to Drunkennefs, Swearing, t'nclcannefs. or any other fcandaloiis Offence, fhall here- after be chofen to be a Judge, or any Office of Eftate, or £Iagiftrate or Counfellor in Burghs, Clerks, or Deacons of Crafts, or any Officer of any Army belonging to this King- dom, or employed in any Place of publick Power or Truft with- in this Kingdom ; and that a|l fuch as fhall be chofen to be Judges, Officers of Eftate, Officers "of the Ariny, Magiftrates, Counfcilors in Burghs, Clerks, Deacons of Crafts, or employed in any Place of Power and Truft in this Kingdom, fhall not only be able Men, bqt Men of known AfFeelions unto, and of approved Fidelity and Integrity in the Caufe of God, and of a blamelefs and Chriftian Converfation : And. it is ftatute Brtd ordained, That if any malignant or fcandalous Per- fpq (hall be chofen to be Judges, Officers, or employed in any of the Places aforefiid, or other Places of Power and Truft ; 6f if, after they being called to be Judges, Officers, and em- ployed in Places of Power and Truft, they fhall make De- ' or, to the Malignancy, as is aforefiid, or give themfelves IS Agahift Bhfphemy. Anent the Tocr. 149 Jo fcandalous Offences, one or more, that this their Malig- nancy and Proianity conjunctly, or either of them fcverall t f being proved againft them, ihall be a flifficicnt Caufe to the Parliament of this Kingdom, or any having Power from them for that ErFecl, to keep back, remove or fufpend thefe Perlbns from the Places of Pov/er and Trdl to which they are called, or in which they are employee, as their Faults and Crimes ihall be found to defcrve ; but Prejudice always to all other Judicatories and Perfons having Right, by the Laws of this Kingdom, thereto to purge and fill all Offices and Places of Power and Truft, within their refpeclive Powers, according to the Tenor of this Aft, who are here- by required and ordained to do the fame, as they will an- fwer thereupon to the Parliament, or any having Power from them in that Behalf. XXVfll. Agahift the horrible Crime of Blafpkemy. \-]th February i 649. THE Fftatcs of Parliament, conveened in the fecond Sef- fion of this fecond triennial Parliament, confidering that hitherto there hath been no Law in this King- dom againft the horrible Crime of Blafphemy, therefore do ftature and ordain, That whofoever hereafter, not being diftracled in his Witts, (hall rail! upon or curfe God, or a- pf the Perfons of the bleffcd Trimtj % mail be proceffed before the Chief Juftice, and being found guilty (hall be puniihed with Death. Likeas it is found, ftatute and ordained, That whofoever hereafter (hall deny God, or any of the Perfons of the bleiled Trinity, and obftinately continue therein, (hall, after the declaring of the (aid Obftinacy by the Kirk, be procefled before the Chief Juftice, and, being found guilty, that they be puniihed with Death. £XX. Anent the P March 1^40. dates of Parliament, now conveened, taking to n the great Number of indigent and dillreifed Perfons in the fcvcral Places of the Kingdom, v are expofed to great Mtfery, th- .:al and orderly Way of Lr.rcrtainmcnt, T 1 50 Jlnetit the Toor. *o the Shame and .Reproach of our ChrifHan Profeffion, » hich obliges us to the Relief of poor Brethren, as being Members of , the fame Body, therefore, for Remedy hereof, the Eitates hath thought meet to ordain, that every Parifli and Presbytery fliall be bound to entertain their own native Poor, in Manner following. That there ilia 11 be twice in the Year, at the flrft of December and the firfl: of June, taken up in every Parifh, in Burgh or Land, and Presbytery, a Lift of the Poor within the feveral Bounds refpeelhe ; at which Time there lliali bealfo a folemn Intimation to the Parifli, and ci De/ignation and Expreffion by the Coritri 'outers, what they will give every Month in Money or Victual, for a vo- luntary and charitable Contribution in every Parifli for the Entertainment of thefe poor People, into the Number where- of there fliall be no Perfons received who are flothful, and able by the Labour of their Hands to win their own Livings ; at svhich Time die ftjinifter arid Elders of the Pariflb, orfuch as they fliall depute, and to whom they will give Power for that Effect, fliall meet with the Presbytery, to the EiTecl they may- compare the Burden of the Poor of every Parifli ; and if the common Good and weekly Contribution, and that yearlyBene- volence, will not be Efficient to entertain thefe poor People, given up and lifted as faid is, then, in that Cafe, theEftatesof Parliament hereby give Power to the Lords of Secret Council, or Committee of Eftatcs, to grant Commiflion to fuch Perfons as fliall be recommended to them by each Presbytery, full Power, upon Oath, to impvfe a Stent on the feveral Pariflies, according to their Ability and Wealth, for making up a com- petent Entertainment to the poor Perfons afor.efaid, with a tenth Part more for the Officers and Serjeants ; which Stent, after it is divided upon the Pariflies or Presbytery by the Com- niifiioners having Power from the Council or Committee of .jEftates, as faid is, the fame (ball be fubdivided and dented, on the Heritors and oihers, bv the Eiders and Deacons of every Parifli rejfe&ivft with as much Equality as poflible, wherein £hey are to have fpeciai Regard to lay the greater Proportion. pn thefe Mailers that deal rigoroufly with Tenants, and : cby impoverifli and put them to Beggary, and to deal the e favourably with thefe Mafters who endeavour to main- rj their Tenants, and deals charitably with them *, and, in difiributing Ar.ent the Toor. 15 1 ribut'mg of the Alms, fpecial Regard is to be hr.d to the Pious, and Diftinclion to be made betwixt fuch and the profane, deboiil: or drunken Sort ; and it is declared, that Magiftrates and Counfel of Burghs have hereby Power to itent within themfelves : And the Lftates oi Parliament ordains general Letters of* Horning and Poinding to be direct grctis, at the Inflance of* the Collectors appointed by the Presbytery for that Effect againft the DilooeJient, and them that rcfufes to make Payment of their Proportion, who are hereby or- dained, in cafe of the Refufal, to make Payment of the Double within fix Days after they be required, and difcharges any Sufpcnfion to be granted thereupon : And fiklike or- dains every inferior Judge to give Precept of Poinding upon the laid Stent-Roll, fubferibed as faid is, and to go them- felves, or fend their Deputes or Officers to poind thereupon, fo foon as they be required thereunto, with Certification, if the faid Judges fail, they ihall be liable to pay the Double of the faid Stent, and ordains the Council or Committee olEilacs to give out Letters thereupon. The Ellates of Parliament farther ordains the Elders oi every Pariih to take Notic thefe, who, being able to work or win their Livings, give themfelves to a Trade of begging, whrch Peribns the EL are hereby warranted to apprehend, and to put them upon Employments whereby the Country may be eafed of an un- profitable Burden, and lawful Indirlby maintained through the Land ; hereby ordaining that none be hi fie red to from Houfe to Houfe under Pain of Imprifonmer.r, and o: Pimiihments contained m the former Acts of Parliament. And becaufe the Forerunning oi Beggars and ilurdy Vagabonds doth hinder the Expreflions of Chaiitv toward thofe tha; truly mdigent, therefore it Is ordained, That none fuppl) relet the fturdy Be .Men cr the Pain of five to be paid by ti.e I towards Maintcn I hbonr is hereby comma ed to hi ther in ca!e lijcri iinif the and • other,, L fcori . 152 Anent theToor* next adjacent Judge or his Deputes, they being found Landward, by the Sheriff to be convoyed to the next Sheriff, and, being found in the Town, to be convoyed from Burgh( to Burgh, who are hereby ordained to receive them, and convey them from one Burgh or Shyre to another, un- til! they be brought to the Place where they were born; which Parifh (hall be obliged to receive and entertain them, as one of their own, with the reft of the Poor of the Pariih ; and in cafe they be found able to work, the faid Parifh (hall furniih them Employment, and keep them on Work, fo as thev may be anfwerable for them, to the Effett they may not be permitted to wander over the Kingdom, as before ; and if any Sheriff or Magiftrate of Burgh refufe to receive them, and take them off their Hands who prefents them, the faid Sheriff or Magiftrate fhall be fufpended from his Office by the Council of Committee of Eftates, and pay the Sum of 40 L. and for the third Fault fhall lofe their Offices and Priviledges during their Lifetime ; and when they come to the Place of their alledged Nativity, if they cannot clear their Birth there, that they be reckoned amongft the Super- numeraries following. Likeas the Eftates gives hereby Power to any of his Majcfty's Subjefts to take and apprehend fuch idle and fturdy Beggars, and to employ them, or difpofe of them to others, to be employed in "Work for their Meat and Cloath allenarly : And, for the better executing of this forcfaid Aft at one Time throughout all the Kingdom, they ordain the fame to begin, in all Parts of the Kingdom, upon the firft of Attgufl next to come, and from thence foreward to be duly profecuted until the fame take due Eifcft, with Power to the Council or Committee of Eftates, in cafe any Impediment intcrveen, to appoint a new Day to thu c Pur- pofe, as they fhall think expedient ; and if any that are a.^cd, lame, blind, and weak, cannot condefcend upon the Parifti where they were born, (as being the Offspring of fuch Beggars as never had a conftant Refidence) thefe are to be t jpt amongft the Poor of that Presbytery where they are apprehended, until a Lift of their Names be fent unto the Council or the Committee of Eftates, who are to have jhower to divide and proportion thefe Supernumeraries a- fttuhgft fuch Presbyteries and Shires in the Kingdom a: j4ga\nft Idolatry and Beaters of Barents. 153 have leaft Burden, and arc moft able to bear them. Likeas the Parliament recommends to the General Affembly, or their Com mi (lion ers, to propone fuch Overtures as may re* prefs thefcandalous and godlefs Behaviour of thefe lewd Va- gabonds, who hitherto hath been liable to no good Order of Difcipline ; and to the Effect this Act may be put in Execu- tion, it is ordained and required, thai every Presbytery make Account of their Diligence herein to the fubfequent Synods, and the Provincial Synods to the General Affembly : And in cafe it fhall happen, through the Providence of God, that any, through Burning, Shipwreck, Devaluation, or any fuch like Accident, fall into Diftrefs or Poverty, it is ordained that thefe having a fufficient Teftimonial and Recommendation from the Presbytery to which they belong, they fhall have the Supply of a voluntary Charity of thefe Places next adja- cent to them, or fuch other Places as the Council or Commit- tee of Eflates (hall think fit. Att XXXII. Againfl the Worfoippersoffalfe Cods, ^d March 1649. THE Eftates of Parliament, confidering that divcrfe of the Subjects of this Realm trades in their civil Af- fairs with Heathens, whole Abominations they may pof- fibly learn, and thereby be defiled and defile others, and not wil- ling to leave Sins of fo high a Nature to an arbitrary Punilh- mem, do ftatute and ordain, that whofoever lhall worfliip a falfe God, fhall be put to Death without Pardon. Aft XXXIII. Againfl Beaters or Curftrs of their Parents. $J March 1649. THE Eftates of Parliament, conflicting how great and atrocious a Crime it is for Children to bear or curie their Parents, and how the Law of God hath pronoun- ced juft Sentence of Death againit fuch as fhall cither of thefe "Ways injure cither of their Parents, do therefore (tatutc and ordain, That whofoever, Son or Daughter, above the Age oi fixteen Years, not being diftrarted, (hall either I :rfe their Father or Mother, fha!l be put to Death without Mer- cy • and fuch as are within the A^c qf fixteen U 154 ^ vbolifhing Tatmwges. punifhed nt the Arbitriment of the Judge, according to theif Defervings, that others may hear and fear, and not do the like. A£t XXXIX. AbohjlAng the Patronages of Kirks f. $th March 1649. 7 HE Eftates of Parliament, being fenfible of the great O- bltgation that lies upon them by the National Cove- nant, and by the Solemne League and Covenant, and by many Deliverances and Mercies from God, and by the late Solemn Engagement unto Duties, to preferve the Doc- trine, and maintain and vindicate the Liberties of the Kirk of Scotland, and to advance the Work of Reformation there- in to the utmoft of their Power ; and confidering that Patro- nages and Prefentations of Kirks is an Evil and Bondage under which the Lord's People and Minifters of this Land have long groaned, and that it hath no Warrant in God's "Word, but is founded only on the common Law, and is a Cuftom Popifli, and brought into the Kirk in Time of Igno- rance and Superftition, and that the fame is contrary to the Second Book of Difcipline, in which, upon folid and good Ground, it is leckoned among Abufes that are defired to be reformed, and unto feveral A els of General Ajfembl'ies, and lhat it is prejudicial to the Liberty of the People, and Plant- ing of Kirks, and unto the free Calling and Entry of Mini- Iters unto their Charge : And the faid Eftates, being willing and defirous to promove and advance the Reformation fore- said, that every Thing in the Houfe of God may be ordered accord- * By Aft 7. "Pari. 1640. intitled, Aft for planting of Kirks unprovided ivith ^linifiers through the Patron's Default, the Parliament do require the Presbyteries, with Content of the Parifh, with all Diligence, toplant-the Kirks, which, by the Patron's Overfight, had lien fix Months unprovided. By Aft 9. Pari 164I. intitled, Aft anent non-covenanting Patrons, is ratified Aft 9. Pari 1 . Ja. VI. N recorded, />. 12. and Aft 3. Pad. 20. Ja. VI. and the fame extended to. all who refufe to fubferibe the National Covenant- ; and it is ordained, that, Until Patrons fubferibe the Covenant, they have no Right of Prefentation to Kirks vacant, but the fame (hall pertain plcuo jm to the Presbytery : And by Aft \6. Pari. 1646. intitled, Anent non-covenanting Patrons, the Act. latl mentioned is extended to fuch Perfons as fubferibe not the Solemn League, or that are or ihall be excommunicate, ' Providing that theie Kirks be planted according to ( the Propofitions of Ordination of Minifters agreed opon by the Aflcmblies of < both Churches, and ratified by the Parliament of this Kingdom.' But what theie A&s do in Part, is mere eifutually provided for in the Act here mlert. Acl aholijhing Patronages. 155 according to his Word and Commmdment, do therefore, from the Senfe of the former Obligations, and upon rru for- mer Grounds and Reafons, difcharge for ever hereaircr, all Pa- tronages and Presentations of Kirki, whether belonging to the King or to any laick Patron, Presbyteries, or other*, within this Kingdom, as being unlawful and unwarrantable by God's 'Word, and contrary to the Doctrine and Liberties of this Kirk; and do repeal, refcind, make void and annull all Gifts and Rights granted thereanent, and all former Acts made in Parliament, or in any inferior Judicatory, in favours ot any Patron or Patrons whatfoever, Co far as the fame doth or may- relate unto the Prefentation of Kirks. And doth ftatute and ordain, That no Perfon nor Perfons whatfomever fhall, at any Time hereafter, take upon them, under Pretext of any Title, Infeftment, Acl of Parliament, Poifeffion or Warrant whatfoever, which are hereby repealled, to i*ive, fubferibe, or feal any Prefentation to any Kirk within this Kingdom ; and difcharges the pairing of any Infeftments hereafter, bear- ing a Right to Patronages, to be granted in favours of thefe for whom the Infeftments are presented ; and that no Per- fon or Perfons mall, either in the Behalf of themfelves or others, procure, receive, or make UCe of any Prefentation to any Kirk within this Kingdom. And it is further declared and ordained, That, if any Prefentation fhall hereafter be given, procured or received, that the fame is null and of none Effect, and that it is lawful for Presbyteries to reject the fame, and to refufe to admit any to Trials thereupon •, and, notwithstanding thereof, to proceed to the Planting of the Kirk, upon the Suit and Calling, or with the Con fen t of the Congregation, on whom none is to be obtruded againft their* Will : And it is decerned, ftatute and ordained. That who- foever hereafter (hall, upon the Suit and Calling of the Con- gregation, after due Examination of their Literature and Convcrfation, be admitted by the Presbytery unto the Exer- cife and Function of the Miniftry, in any Pariih within this K'ngdom, that the (aid Perfon or Pcifons, without a Prefcn- tation, by Vertue of their Admiihon, hath (uficienl Right and Title to poftefs and enjov the Manic and Glebe, and the whole Rents, Profits and Stipe: Mioifters of that Pariih had formcrl cJ, or that hcreaf- 1$6 Aft abolijlwig 'Patronages. ter fhall be modified by the CommifTion for Plantation of Kirks : And decerns all Titulars and Tackfmen of Tithes, Heritors, Lifercnters, or others, fubjeft and liable in Pay* ment of Minifters Stipends, to make Payment of the fame, notwithstanding the Minifter his Want of a Prefentation ; and ordains the Lords of Seffion, and other Judges competent, to give out Decreets and Sentences, Letters conform, Horn- ing, Inhibition, and all others Executorials, upon the faid Ad million of Minifters by Presbyteries, as they were former- ly in Ufe to do, upon Collation and Inftitution following up- on Prefen tat ions from Patrons: Declaring always,That where Minifters are already admitted upon Prefentation, and have obtained Decreets conform thereupon, that the faids Decreets, and Executorials following thereupon, Ilia 11 be good and valid Rights to the Minifters for fuiting and obtaining Payment of their Stipend, and the Prefentation and Decreet conform, obtained before the Date hereof, fhall be a valid Ground and Right for that Efteft, notwithftanding the annulling of Pre- formations by Vertue of this prefent Aft. And becaufe it is needful that the juft and proper Intereft of Congregations and Presbyteries, in providing of Kirks with Minifters, be clear- ly determined by the General AiTembly, and what is to be accounted the Congregation having that Intereft, therefore it is hereby ferioufly recommended unto the next General Af- iembiy clearly to determine the fame, and to condefcend up- on a certain ftanding Way for being a fettled Rule therein ibr all Time coming. And it is hereby provided, declared and ordained. That the taking away of Patronages and Pre- sentations of Kirks fhall import nor enforce no Hurt nor Pre- judice unto the Title and Right that any Patron hath un- to the Tythes of the Pariiji, nor weaken his Infeftment where- in the fame is contained, but that the faid Title, Right and Infeftment iliall, in every Refpeft, (fo far as doth concern the Tythes) be a Is valid and ftrong as when Prefen tations were in Ufe. It is further ftatute and ordained, that the Tythes of Kbcft Kirks, whereof the Prefentations are hereby abolifhed, iliall belong heritably unto the faids Patrons, and be fecured unto them, and inieited in their Rights and Infeftments in :eajter. Flfmuchas, in the 1 ufand fi\ hui ty and eight, the E Parliament of this K dom, and his Majefty's good Subject* therein from Scnfe of their Duty to Almighty Go J and the King's Maj< 164 j4ppendix to Tart fecond. did chearfully undertake and concur in an Engagament, fbr Relief of his late Majefty of glorious Memory from hislm- prifonment, and for his Reftitution to the Royal Govern- ment of his Kingdoms. And the Eftates of Parliament, now conveened by his Majefty 's fpecial Authority, taking that Engagement to their Consideration, do find it to have been an honourable, juft, neceflary and fcafonable Difcharge of that indifpenfible Duty whereunto this Kingdom, and the Subjects thereof, are by the Law of God, by the Law of Nature and Nations, by the municipal Laws of the Land, by their Allegiance, and by all the ftrieleft Bonds of Confid- ence and Honour, obliged to the mod facred Perfon and Royal Authority of their King's Majefty. And therefore our Sovereign Lord, with Advice and Confent of his Eftates of Parliament, doth ratify and approve that Engagement for his Majefty's Relief and Reftitution to his Royal Government: And doth declare, that, as it was a mod noble and pious Te- flimony of the Loyalty of his Majefty's good Subjects of his ancient Kingdom, and of their Affection and Zeal to his Ma- jefty's Perfon and Government ; Co his Majefty, for himfelf and his Succeffors, doth affure, that they will always retain a grateful Relentment thereof, and have appointed thefe Prefents to remain upon Record, for the due Honour of thefe Pcrfons who did engage therein, and of their Pofterity for ever. And whereas the Neccffity and Juftice of this Undertak- ing, with the Inteteft this Kingdom had in his Majefty *fc Perfon, by the Honour of his Royal Birth, and by thefe ma- ny and lingular Acte of Grace he had lately conferred upon it, might juftly have claimed a ready Concurrence of all the Subjects, yet there wanted not fome, and even fuch whom not long before his Majefty had obliged by Marks of his Royal Favour both of Honour and Profit, who made it their Work todifappoint and oppofe the fame; and for that End, having gathered fome mutinous Commons, and others, who, Uy a few fedirious Minifters, had been preached to an open Rebellion, they, in the Month of September One than fund fix huii died forty and eight Years, without any lawful Au- thority (and not giving the Oath mentioned hi the Com mi Hi- bg of Parliament, without v/hjeh, it was exprefly provided, they yjppendtx to Tart fecond. 165 they were not to have Accefs to, nor Place in the Committee) did ufurp to themfelves the Name and Power of a Commit- tee of Eitates ; and having, by their own Edicts, declared all fuch Perfons as had given Teftimony of their Duty and Loy- alty to the King, to be uncapable of bcii g Members of Par- liament, or of having Voice in the Elections to the Parlia- ments, they then, without any lawful Authority, called a packt Meeting of Parliament, to confift only of Perfons of their own Stamp and Faction j who accordingly met in Ja- nuary One thoufand fix hundred forty and nine Years, and, afruming to themfelves the fovereign Authority and Govern- ment of the Kingdom, intended to eftablilh and Hx the Potter in their own Perfons for ever. For which Purpofe, having publickly declared againft that neceffary and jiift Engagement Ibfhis Majefty's Relief and Reftitutior, to his Royal Govern- ment -, having approven all the Oppofitions and Riimg* in Arms againit the fame, and by Oath folemnly engaged themfelves to a conftant Adherence thereunto ; having tor their Afliftance called in the Ufurper Cromitff and a Pa a of his Army ; having by publick Engagement given up the Ho- nour and Safety of this ancient Kingdom to the English, and declared that his Majefty lhould be obliged to ratify that un- worthy Acl before any Treaty were with him Kir his Relief; having given Order to their CommilTioncrs to protclt againfl: any Agreement betwixt his Majefty and his Subjects in En- t in the Treaty at the Ille of Wi°ht\ having fo far as in them lay, weakned and diffolved the common Allegiance of the Subjects to the King's Majefty, by proclaiming his Right to the Crown with bafc ReftricYions and Lin and prclhng the Subjects againft their Conferences to fubfertbe the fame \ having dilowned his Majefty's Intereft in the Quarrel betwixt them and the En^Ii/v, who had invaded Kingdom, mccrlv to deftroy his Majefty's Intereft in i: \ hav- ing taken the I ►me, and forced others of hw P ' Quality to flee to fotretgn Parrs for their Safety j havi , confined, imprisoned and u Upon the Livi -1 many ; having put difgracefid ( ratti • itiea upon all who hid witnefled any Af- imenl ; having onjuftly pro* iclty executed Sentence* ol Forfeiture ioo appendix to Tart Jecond. againft the Lives and Fortunes of fuch as from Confidence of their Duries did oppofe them; having in their publick Meetings appointed, that the innocent Wives and Children of thele who offered to vindicate his Majefty's Authority, fhould be feized on, and tranfported to forreign Countrys ; having once and again follicite their Brethren in England, that (uch of this Kingdom, as (for venturing their Lives for the King) were then Prifonersin England, ihould be ftill kept Prifoners as Pledges of the Peace; having thruft out of the Offices of State, Places of Judicatory and publick Truft. all fuch as were willing to engage for his Majefty's Relief and Reftitution to his Government, and put fuch in their Places as did oppofe the fame ; having laid on and raifed great Exac- tions and Sums of Money from :he People, and employed them for their own Ufes ; having feized on his Majefty's Re- venues, and beftowed them upon themfelves, and fuch others as were in open Oppofition and Arms againft him ; having alfo feized upon the Properties and due Rights of the Subjecls, and the Patronages by Law lecured unto them ; and having, by thefe and many fuch like Acts, endeavoured to perpetuate themfelves in their ufurped Power, they prorogated the Meetings of their pretended Parliaments from Time to Time, fubftituting fome of their Truftees for carrying on of their Defigns in the While. And the Eftates of Parliament, having taken thefe Proceedings unto their ferious Consideration, do find that there was no Law nor lawful Authority for the Meetings of thefe pretended Parliaments and Committees of Eftates, but that the Perfons meeting therein did, without any lawful Warrand, and in Contempt of his Majefty's Au- thority, ufurp the Power to themteives. And therefore the King's Majefty, with Advice and Con- fent of his Eftates of Parliament, doth refcind and annull thefe pretended Meetings of Parliament, and Committees a- bove mentioned, and ail other Meetings of any pretended Parliaments o: Committees flowing from the fame, and all Acts, Deeds or Treaties done by them or their Warrand ; excepting a! waves all fuch Afts as were paft in any Meet- ing of Parliament, or Committee of Eftates authorized by \ Pretence, and are not inconfiftent with this prefent A£t ; And alfo declares any Ratification, which thereafter appendix to Tart fecond. 1 6j thereafter was paft ofthofe Meetings and Acts, to have been void from the Beginning ; except in fo far as is expreft in the Indemnity, Declarations and Provifions after mentioned : Yet, notwithftanding of all thefe Provocations, the King's Majefty, from his innate Goodneffe, being more defirous to reclaim his Subjects to their Duty by Acts of Mercy, then to reduce them by their too much deferved Cenfure, doth of his meer Favour and Grace, with Advice and Confent fore- faid, indemnify all fuch Perfons who fat and acted in thefe pretended Parliaments and Committees, or who acted in or- der thereunto, or by virtue of, and in obedience to the fame, to be in all Time coming unqueftioned in their Lives and Fortunes for thefe their Actings, excepting fuch as mail be excepted in a general Act cA Indemnity to be part by his Majefty in this Parliament. And forafmuchas the ordinar Courts of Juftice did fit and act by Warrand of thefe Meetings, the King's Majefty, for the Good and Eafe of the People, doth, with Advice of forefaid, declare that none of the Acts, Decreets or Senten- ces, given by thefe who fat as Lords of Seflion, or as infe- riour Judges within this Kingdom thefe Years, nor no Exe- cution following thereupon, are for Want of lawful Autho- rity to be queftioned -, wherearcnt his Majefty, with Advice forefaid, by thefe Prefents difpenfes : And alfo his Ma [el confidcring that, by a pretended Act and Commiffion from the faid pretended Meetings or Parliaments, Augmentations were granted to Minifters, Kirks were divided, new Kirks were erefted, and Lands from one Paroch to another dif- Aed and annexed, and divers other Particulars decerned in relation to the Plantation of Kirks; which Commiffion?, one or more, though thev had no lawful Authority, bur in themfclves were anJ arc null, yet his M eing dc- firnus to give all due F ment to th< rrt of the doth, with Advice and Confent declare, Thar all Acts, Decreets and Sentences pronounced given forth by the fai thereupon, arc and irni! i I loch as, upon I | be crncd. The D referred 1 68 appendix to Tartfecond. by his Majefty, with Advice and Confent forefaid, to the Commiflion for Plantation of Kirks, to be eftabliihed by his Jvlijeltv in this prefent Parliament, that they, after hearing of Parties, and Confideration of Particulars, may take fuch Courfe fur altering, annulling or allowing of what was dons by Vertue of the faids Commiflions in the Yeares One thou- sand fix hundred and forty nine, and One thoufand fix hun- dred and fifty, as they iliall think juft, conform to the (land- ing Laws and Acts of Parliament preceeding the Year One thoufand fix hundred and forty nine j and ordains Procefs, upon Supplication, to be fummarly granted, Parties alwayes being cited, and that without any Reduction : As alfo with Power to the faids Commiflioners to be appointed, upon the Dependence of the faids Complaints and Procefs, to dif- charge Execution upon the foresaids Decreets, in Whole or in Part, as they mall find jufr, ay and while the Matter may be determined by them. And forafmuchas, by a pretended Commiffion for the Exchequer, divers Infeftments, Gifts, and others, were pa ft in the forefaids Years One thoufand fix hundred and forty nine, and One thoufand fix hundred and fifty, his Majefty, with Advice forefaid, declares, That all fuch Gifts, Infeftments, and others, are and mall be valid, excepting alwayes new Gifts, and Difpofitions of Lands and others, granted and pad to his Highnefs's Prejudice, and fuch other Gifts, as, upon the Complaints of Parties, mail, by his jMajefty's Treafurer and Commiflioners of Exchequer, be found to have been unjuftly granted or pad:, in Prejudice of prior Gifts under his Majefty's Hand, though not paft in Exchequer. And whereas, by a pretended Act of the fore* faid pretended Parliament, intitled, Aft abollflnng the Patro- nage* of Kirks, all Patronages and Prefentations of Kirks, whether belonging to the King or any laick Patron, Presby- teries, or others, were difcharged, and all Acts, Gifts and Rights granted thereanent refcinded -, and yet neverthelefs it was thereby declared, That the taking away of the Patrona- ges mould not prejudge the Patron's Rights to the Teinds, nor weaken his Infeftment wherein the fame is contained, and that- the Tithes of the Kirks, whereof the Prefentations were ah >lilhed, fhould belong he r etably to the Patrons, and be infened in their Rights and Infeftments in place of their Pa- tronage. 'Appendix to Tart pcoHith \(y Nonage, with Power to the Patron to difpone upon the f Tiends in Manner and with fi contained in faid Aft ; and, notwirhftanding that the forefaid Aft nd whole Parliament be declared null, yet neverthelefs hie Mi- jefly, with Advice forefaid, doth by thefe Presents declare, That it (hall be lawful to laick Patrons, or Heritor:, to a- gree with the beneficed Perfons for Tacks or Rights Tiends belonging to the faid beneficed Perfons, according to the Laws of the Kingdom ; with this Provifiol), That the faids Tacks {hail be noways prejudicial to the Stipend and Maintenance of the Miniflers and Perfons to be prefented, according as the fame hath been already modified, or (hall be modified in Time coming, and that notwithstanding of any Afts or Scarutcs made in the contrair. All which Afts his Majcftjr, with Confent forefaid, by thefe Prcfcnt: dif- charges : And in like Manner, his Majeity with A J forefaid, declares, That, as to fuch Perfons who are pre- {ently in PofTelTion of Kirks pertaining to the fai Pa- iges, the faids Perfons and Miniifr their Service, claim no Right nor Poffeflion to the Tiends of their Kirks and Pa roc bins, other then they had formerly be- fore the making of this Aft, they having always a fufneient tenance allowed and granted to tl jrding to the Laws of the Kingdom. Aft XV. Refc'irJ'ihg an \ the Tears \ 640, 1 6ai , THE Eftatcs of Parliament, confidcring that the P< and Happinefs of this Kingdom, an therein, doth depend upon the 5 I Mi fty's Pcrfbn, and tl nance o( '.ori- ty, P 1 Greatnels, and that all I and Diio adorn hath groanc I twenty three Years, have iflued from, and been the ne tcflary and natural Produfts pj which, in and from the Beginning of tin on the fpeciotis (but fa If non Cloak of all R and Roy . . iyo jfppendix to Tart Jecond. father of blcfled Memory : And notwithstanding that, by the facred Right inherent to the Imperial Crown, (which his Majefly holds immediately from God Almighty alone) and by the ancient Conftitution and fundamental Laws of the Kingdom, the Power of convocating and keeping AiTem- blies of the Subjects ; the Power of calling, holding, prorogu- ing and duTolving of Parliaments, and making of Laws ; the Power of entering into Bonds, Covenants, Leagues and Trea- ties ; the Power of raifing Amies, keeping of Strengths and Forts, are effential Parts and infeparable Privileges of the Royal Authority and Prerogative of the Kings of this King- dom; yet, fuch hath been the Madnefs and Delufion of thefe Times, that even Religion itfelf, which holds the Right of Kings to be facred and inviolable, hath been pretended unto for Warrand of all thefe injurious Violations and Encroach- ments, fo publickly done and owned upon and againft his IVlajefty's juft Power, Authority and Government, by making and keeping of unlawful Meetings and Convocations of the People •, by entering into Covenants, Treaties and Leagues ; by feizing upon and pofTefling themfelves of his Majefty's Caftles, Forts and Strengths of the Kingdom, and by holding of pretended Parliaments, making of Laws, and raifing of Armes for the maintaining of the fame ; and that not only \vithoiit Warrant, but contrary to his Majefty's exprefs Com- mands : And although the late King's Majefty, out of his xneer Grace and Refpecls to this his native Kingdom, and the Peace and Quiet of his People, and for preventing the Confe- quenccs which fuch a bad Example and Practice might occa- fion, to the Difturbance of the Peace of his other Kingdoms, was pleafed, in the Year One thonfand fix hundred and forty one, to come into this Country, and, by his own Prefence, st their pretended Parliaments, and otherways, to comply with and give Way to many Things nearly concerning the undoubted Intercft and Prerogative of the Crown, expecting that fuch unparallelled Gondefcenfions mould have made his Subjects aihamed of their former Mifcarriages, and the very Thoughts thereof to be hateful to them and their Pofterity for ever ; yet fuch was the Prevalency of the Spirit of Rebel- lion that raged in many for the Time, that, not content of that Peace and Happincfs, which, even above their Dfcfire?, \Y3; Appendix to Tart fecond. 171 fyas fecured to them; nor of thofc many Grants of Honour and Profit, by v/hich his Majcfty endeayoured to endear the mull defperate of them to their Duty and Obedience, they then, when his Majefty had not left unto them any Pretence or Shadow of any new Defire to be propofed, either concer- ning themfelves or the Kingdom, did moft unworthily engage to fubvert his Majefty's Government, and the publick Peace of the Kingdom of England ; for which Purpofe, having join- ed in a League with fome there, they, for the better Profecu- tion of the fame, did aifumc unto themfelves the Royal Power, kept and held Parliaments at their Pleafure, by the pretended Authority of which they laid newExacYions upon the People (which in one Month did far exceed whatever by the King's Authority had been raifed in a whole Year) levi- ed Amies, fent cut Edicts requiring Obedience unto their unlawful Demands, and with all Manner of Violence purfued fuch as out of Duty to his Majefty's Authority oppofed them, by Fines, Confinements, Imprifonment, Baniihment, Death, and Forfeiture of their Pofterity ; and, with their Army thus raifed, invaded his Majefty's Kingdom of England, and joined with fuch as were in Anns againft his Majefty there : And thus maintaining their ufurped Power, and violently execut- ing the fame, againlt all Law, Confcience, Honour and Hu- manity, have made themfelves Inftruments of much Lofs, Shame and Dilhonour to their native Country, and have juftly forfeited any Favour they might have pretended to from his Majefty's former Conceffions. And iorafmuchas now it hath pleafcd Almighty God, by the Power of his own right Hand, fo miraculoully to reftore the King's Majefty to the Government of his Kingdoms, and to the Exercife oi his Royal Pov/er and Sovereignty over the fame, the Eitates of Parliament do conceive themfelves obliged, in Difcharge qf their Duty and Confcience to God and the King's Maje- fty, to employ all their Power and Intereft for vindieati: g his Majefty's Authority [nv.w all theft* violent Invafions that have been made upon it, and, fo far as is poflible. I e out of the Way every Thing that may retain any Remembrance of thefc Things which have been fa injur;' Majefty and his Authority, fo prejudicial lira bit to the I kingdom, o,nd dcftrr t cYivc to ft|l juft and true Ii.tercfts with- 1 in the (amp. Ami rtinfu!*" inJ T ^ the L T nla\vfulneis j 72 Appendix to Tart fecond. of the publick Agings during thefe Troubles, mod of the A&s, in all and every of the Meetings of thefe pretended Par* liame'nts. do highly encroach upon, and are deitrucYive of that fovereign Power, Authority, Prerogative and Right of Government; which, by the Law of God and the ancient Laws and Conftitutions of this Kingdom, doth refide in, anc} belong unto the King's Majefly, and do reflect much upon the Honour, Loyalty and Reputation of tins Kingdom, or are expired, and ferve only as X eft i monies of Difloyalty and Reproach upon the Kingdom, and are unfit to be any longer iipon Record, therefore the King's Majeity and Eitates of Parliament do hereby reicind and annul] the pretended Parliaments kept in the Year's One thoufand fix hundred and forty, One thoufand 'fix hundred and forty one, One thou- sand fix hundred and forty four, One thoufand fix hundred and forty five, One thoufand fix hundred and forty fix, One fix hundred and forty feven, and One thoufand fix hundred and forty eight! and all Acls and Deeds pair, and done in them, anc] declares the fame to he henceforth void and nulK And his Majeily,' being unwilling to take any Advantage of the Failings 'of his Subjects during thofe unhappy Times, is refolved not to retain any Remembrance 'thereof; but that the fame mail be held in everiafting Oblivion. And, that all Diffe- rence and AnVniofitics being forgotten, his good Subjects may, in a nappy Union under his Royal Government^ enjoy that Happinefs and Peace which his Majefty intends, and really Wifhetti unto 'them as unto himfelf, doth therefore, by Ad- vice and Content of his Eiiates of Parliament, grant his full AfTu ranee and Indemnity to all Perions, that acled in or by Vertue of the laid pretended Parliaments, and other Meetings flowing from the fame, to be unquefiioned in their Lives or Fortunes, for any Deed or Deeds done by them in their faid Ufurpation, or by Virtue of any pretended Authority deriv- ed there,. rpting always fucn as fhall be excepted in a general AC: of Indemnity to be part by his Majeity in this Parliament : And it is hereby declared, That ail A els', Rights and Securities pbft in any of the pretended Meetings above written, or by Virtue thereof, in favours of any parti- cular Perfons, for their civil and private Ir.terefts, &2II Hand good and vali umil the fame be taken into far- ther Con/ideratioh, and be determined in this or the n ^eilion oftjusParliajueiu, A COLLECTION Of the principal ACTS and S TATUTES Hade by the PARLIAMENTS O F SCOTLAND In favours of the True Troteftant Religion and Trcsbytenal Church-Governmcnc, F % o M The Revolution (1688.) to the Incorporating Union with England (1707.) WITH An Abridgment of the other Laws refpefling Religion, from the Rejloration (1660.) to the prefeut Tin EDINBURGH, ncc of his . South-Side of q and Count! TO THE READER. THis third Part doth natively divide itfelf into four Pe- riods, viz. The Firft, during Cromwel's ten Years LF- furpation ; the Second, from the Reparation of King Charles II. (i<56o.) to the Revolution (1688.) containing the Reigns of the two Royal Brothers Charles II. and James VII.' the Third, from the Revolution to the incorporating Union be- jtwixt Scotland and England (1707.) containing the Reigns •f K. W-itliam and Q. Mary, and a Part of Qj Anne's \ and the Fourth, from the incorporating Union to. the prefent Year 1749. containing the reft of Q. Anne's Reign, the whole Reign of K. George I. and what is paft of the Reign of his prefent Majefty. But, The Firft of thefe Periods haying been an Interregnum, the Second having been famous only for unparallelled Ty- ranny and Perfection, and the Fourth affording little to the prefent Purpofe, what A&s are here v given at Length fall "within the Third only : Meantime, that the Hiftory of the legal Eftablifhment of Religion in this v Nation may be com- pleat, you are alfo here furnifhed with genuine Abridgments, of the Laws made in the fecpnd and fourth Periods. No doubt many Readers would be fatisfied with Obfer- vations upon the foregoing and fubfequent Acls ; but, though I incline this, I am aware that the different Sentiments of fome others do forbid it ; and therefore I leave them as they are to your impartial Consideration, and refer thofe who fland in need of fuch Helps to the Perufal of the Criterion, a fecond Edition whereof will be fpeedily publifbed ; and which, in the Opinion of fome, far more judicious than its Author, is reckoned a fit Supplement to thefe Collections. [ *75 ] A COLLECTION Of the principal ACTS and STATUTES Made by the PARLIAMENTS of SCOTLJNH In favours of the True Trot eft ant Religion and Tresbyterial Church -Government, from the Revolution ( 1 688.) to the incorporating Union with Eng- land (1707.) jtft XIII. The Declaration of the EJlates of the Kingdom of Scotland, containing the Claim of Right, and the Offer of the Crown to their Majejlies King William and Queen Mary. April i 1. 1689. * WHereas King James VII. being a profefled Papift, did aflame the Regal Power, and acted as King, without ever taking the Oath required by 1 whereby the King, at his Accefs to the Government, is o- bligcd to fwcar to maintain the Proteftant Religion, and rule * Tliis Aft i; iftei owlcdged in lcvercl A£ts of Parltiment, rr\i 1 hereof, dc(.lir:i High Ij6 The Declaration of the E/idtes 1 6S8 a rule the People according to the laudable Laws ; and did, by the Advice of wicked and evil Counfellers, invade the fundamental Conftitution of this Kingdom, and altered it from a legal limited Monarchy to an arbitrary defpotkk Power-, and, in a publick Proclamation, afTerted anabfolute Power to cafs, annul and difable all the Laws, particularly arraigning the Laws eftablifhing the Proteftant Religion, and did exerce that Power, to the Subversion of the Proteftant Religion, and to the Violation of the Laws and Liberties of the Kingdom; By erecting publick Schools and Societies of the Jefuits ; and not only allowing Mafs to be publickly faid, but alfo inverting Proteftant Chapels and Churches to publick Mafs- Houfes, contrary to the exprefs Laws againft Saying and Hearing of Mafs ; By allowing Popiili Books to be printed and difperfed by a Gift to a Popiib Printer, defigning him Printer to his Majefty's Houfhold, College and Chapel, contrary ro the Laws ; By taking the Children of Proteftant Noblemen and Gen- tlemen, fending and keeping them abroad to be bred Papifts^ making great Funds and Donations to Popifh Schools and Colleges abroad, beftowing Pennons upon Priefts, and per- verting Proteftants from their Religion, by Offers of Places, Preferments and Penfions ; By difarming Proteftants, while at the fame Time he em- ployed Papifts in the Places of greateft Truft, Civil and Mi- litary, fuch as Chancellor, Secretaries, Privy Counfellors, and Lords of Seffion, thrufting out Proteftants to make Room ibr Papifts, and entrufting the Forts and Magazines of the Kingdom in their Hands ; By impofing Oaths contrary to Law ; By giving Gifts and Grants for exacting Money, without Confent of Parliament or Convention of filiates,* By levying or keeping on Foot a (landing Army in Time of Peace, without Confent of Parliament, which Army dii exact Locality, free and dry Quarters ; By employing the Officers of the Army as Judges through ♦he Kingdom, and impofing them where there were heritable Offices The Declaration of the Ejtates I6SS, if? Offices and JurifJ ■friar n many of the Lieges v put to Death fummarily, without legal Trial, Jury or Re- cord ; By impoftng exorbitant Fines to the Value of tlie Pa Ellates, exacting extravagant Bail, and difpofing Fines and Forfeitures before anv Pr >cefs or Conviceed in Cafes depend'; them, co. Laws; and, by changing the Nature i Gift > n Comm. bene; them to Compliance with arbitrary irfes, and turning them out of their O diJ not comply ; ranting pcrfor.nl Protections fur fci s contrarv iW. AH which arc utterly a: contrary to : La»>, Statures and Freedo: Therefore the I declare* Thai aifume the R I jyS I he Llatm of Right '\ taking the Oath required by Law, and hath, by the Advice of evil and wicked Gounfellors, invaded the fundamental Conftitution of the Kingdom, and altered it, from a legal limited Monarchy, ro an arbitrary defpotick Power, and hath exercifed the fame to the Subverfion of the Proteftant Re- ligion, and the Violation of the Laws and Liberties of the Kingdom, inverting all the Ends of Government, whereby he hath forfeited the Right to the Grown, and the Throne is become vacant. And whereas his Royal Highnefs William then Prince of Orange, now King of England, whom it hath pleafed the Al- mighty God to make the glorious Inftrument of delivering thels Kingdoms from Popery and arbitrary Power, did, by the Advice of feveral Lords afid Gentlemen of this Nation, at London for the Time, call the Eftates of this Kingdom to meet the Fourteenth of March laft, in order to fuch an Efta- blifliment, as that their Religion, Laws and Liberties might fcot be again in Danger of being fubverted : And the faids Eftates, being now affembled in a full and free Reprefenta- tive of this Nation, taking to their moft ferious Confidera- tion the beft Means for attaining the Ends aforefaid, do, iri the firft Place, as their Anceftors in the like Cafes have u- fually done, for the vindicating and afferting their ancient Rights and Liberties, declare, That, by the Law of this Kingdom, no Papift can be King or Queen of this Realm, nor bear any Office whatfo- ever therein •, nor can any Proteftant Succeffor exercile the Regal Power, until he or fhe fwear the Coronation Oath : r ha£ all Proclamations afferting an abfolute Power to cafs, annul I and difable Laws, the erecting Schools and Colleges for Jefuits, the inverting Proteftant Chapels and Churches to publick Mafs-Houfes, and the allowing Mafs to be faid, are contrary to Law : That the allowing Poptiri Books to be printed and difper* fed, is contrary to Law : That the taking the Children of Noblemen, Gentlemen, fcnd others, fending and keeping them abroad to be breoVPa* pifts, the making Funds and Dotations to Popiih Schools and Colleges, the beftowbg Penfions on Priefts, and the perverting The Claim of Right. 1 79 psrverting Protectants from their Religion, by Offers of Places, Preferments and Penfions, are contrary to Law ■ That the difarming of Proteftants, and employing Papilts in the Places of greateft Truft, both Civil and Military, the thruiring out Proteftants to make Room for Papifts, and I intruding Papiits with the Forts and Magazines of the Ki dom, are contrary to Law : That the impofing Oaths, without Authority of Parlia- ment, is contrary to Law : That the giving Gifts or Grants for rai/ing of Money, without the Confent of Parliament or Convention of Eftates, is contrary to Law : That the employing the Officers of the Army as Judges through the Kingdom, or impofing them where there were heritable Officers and Jurifdiclions, and the puttir.g the Lieges to Death fummarily, without legal Trial, Jury, or Record, are contrary to Law : That the impofing of extraordinary Fines, the exacting of exorbitant Bail, and the difpofing of Fines and Foriei- tures before Sentence, are contrary to Lav That the imprifoning Perfons, without exprcffing the Reafon thereof, and delaying to put them to Trial, is con- trary to Law : That the canfing purfue and forfeit Perfons upon Stret- ches of old and oblblcto Laws, upon frivolous and v. Pretences, upon lame and defective Probation, as partjcul \y the late Earl of Argylc, are contrary to L That the nominating and impofing the Magifti Councils and Clerks upon Burghs, contrary to th . -.nd exprcfs Charters, is contrary to L I That the fending Letters to the Coun the Judges to ilop or defift from determining Caulc ordaining them how to proceed in Caulcs depending before them, and the changing the Nature of the Ju v'ttam nut cuh Com m ill i contrary to Law : That the granting per fun a 1 Proieifti(;; contrary to Law : t the forcing the Lieges to depone ag I So "The Claim of Right. \\) capital Crimes, however the Punh]iment be reftrifted, is pqntrary to Law : That the ufing Torture without Evidence, or in ordinary Crimes, is contrary to Law : That, the fending of an Army in an hoftile Manner, upon any Part of the Kingdom, in a peaceable Time, and exact- ing of Locality, and any Manner of irte Quarters, is con- trary to Law : That the charging of the Lieges with Lawborrows at the Thing's Influnce, and the impofiog of Bonds without the Au- thority of Parliament, and the fufpending Advocates from their Implo)ment, for not compearing when fuch Bonds V^ere offered, were contrary to Law : That the putting of Garriions in private Mens. Houfes in. Time of Peace, without their Gonfent, or the Authority of Parliament, is contrary to Law : That the Opinions of the Lords of Seffion, in the two Cafes following, were contrary to Law, viz. i. That the concealing the Demand of a Supply for a forfeited Perfon, although not given, is Treafon ; 2. That Perfons refuflng to difcover what are their private Thoughts and Judgments, in relation to Points of Treafon, or other Men's Actions, are guilty of Treaf >n : That the fining Husbands for their Wives withdrawing from the Church, was contrary, to Law : That Prelacy, and the Superiority of any Office in the Church above Presbyters, is and hath been a great and in- jfypportabie Grievance and Trouble to this Nation, and ^onfrary to the Inclinations of the Generality of the People ever mice the Reformation, ( rhey having reformed from Popery by Presb\ tcrs) -and therefore ought to be aboliihed : That : -r is the Right and Privilege of the Subjects, to pro- reft: for Jlemeed of l>aw to the King and Parhament, againft Sentences pronounced by the Lords of Seffion, providing the fame cjo not ftop ExecuUon r { clufe Sentences : That it is the Right of the Snbjefts to petition the King, and ti)^t aj) Imprisonments and Pro.ecutions for fuch Peti- tioning are contrary to Law : t for Redrcjs of all Grievances, and for the amend- ifjM, {Lengthening end prefervihg of the Lays, Parliaments Claim of Right, and Offer of the Crown. 181 ought to be frequently called and allowed to fit, and the Freedom of Speech and Debate fecured to the Members. And they do claim, demand and infill upon all and fun- drv the Premilfes as their undoubted Right and Liberties ; and that no Declarations, Doings, or Proceedings to the Prejudice of the People, in any of the laid PremifTcs, ought in anyways to be drawn hereafter in Conlequcnce or Example, but That all Forfeitures, Fines, Lofs of OrEces, Jmprifonments, Banilhments, Puriuits, Prrfecutions, Tor- tures, and rigorous Executions, be confidered, and the Par- ties lefed be red relied. To which Demand of their Rights, and redrelllng of their Grievances, they are particularly encouraged by his Majefty the King of England his Declaration lor the Kingdom of Day of Gttobcr la ft, as being the only Means for obtaining a full Redrefs and Re- nin . "re an entire Confidence, that his faid Ma- jefty the K':: g oj England will perfect the Deliverance Co far meed by him, and will Hill prcferve them from the Vio- r Rights which they have here aiTerted, and from ts upon their Religion, Laws and Li- berties, Eftates of the Kingdom of S 3 ) refolve, Thai ' ;- King and Queen i | .', France •■/, be, and be declared King and Queen of St to hold the Crovn and Ro\ al Dignity of the laid lorn of S r «> them the (aid King and Queen, icir Lives, and the longcfr Liver of them, and that the (ole Kxercife of the Regal Power be only in and e\erciled by him the ! . j of the faid King and Queen, during their joint Lives j and, c the (aid Crown and Royal D . kiiii to be to the Heirs i I Queen ; • to rhp Prince fl nd ||lC Heirs of hi the i And pray the I 1 82 Trekcy abolifhed. And that the Oath hereafter mentioned be taken by all Prorellants, of whom the Oath of Allegiance, and any other Oaths and Peclarations might be required by Law, in- stead of them, and that the faid Oath of Allegiance, and o- ther Oaths and Declarations may be abrogated. T A. B. do fincerely promife ani fivear, That I will be faith- «* /«/, and bear true Allegiance to their l\lajejlies King Wil- liam and Queen Mary. So help me God. An A G T made in the firft Parliament of K. William and Q. ' Mary. Art III. Abolijbing Prelacy, iid July id8p. Wriereas the Eftates of this Kingdom, in their Claim of Right of the eleventh of April laft, declared that Prelacy, and the Superiority of any Office in the Church above Presbyters, is and hath been a great and infupportable Griev- ance to this Nation, and contrary to the Inclinations of the Generality of the People ever fince the Reformation, they having reformed from Popery by Presbyters, and therefore ought to be aboliilied, our Sovereign Lord and Lady, the King and Queen's Majefties, with Advice and Confent of the Eftates of Parliament^ do hereby abolifii Prelacy, and all Su- periority of any Office in the Church in this Kingdom above Presbyters, and hereby refunds, cafles and annul Is the firft Jfi of the fecond Sejl™ of the firft Pari, of K. Charles IL and the fecond Ac? of the third Scf. of the firft Pari, of K. Charles II. and the fourth A3 of the third Pari, of K. Charles II. and ail other Ac"h, Statutes and Conftitutions, in fo far a.llanerly as they are inconfiftent with this Act, and do efta- blifli Prelacy, or the Superiority of Church-Officers above Presbyters : And the King and Queen's Majefties do declare, that they, with Advice and Confent of the Eftates of this Parliament, will fettle by Law that Church -Government in this Kingdom, which is moft agreeable to the Inclinations of the People. ACTS Supremacy refthtded. OutedmifiiJtersrejlGred. 183 ACTS made Sef. 2. Perl. 1. K. William and Q. Mary. Atl I. Re/binding the f.rfl A Si of the fecond Parliament 1669. i$ih April 1 690. OUR Sovereign Lord and Lady, the Kirr* and Queen's Majsfties, taking into their Consideration, that, by the fecond Article of the Grievances prefentej to their Majefties by the Eftates of this Kingdom, ir is declared. That the firft Aft of the fecond Parliament of K. Charles II. intitled, A3 offer ting his M$jeftft Supremacy over all Pcrjhns, and in all Caufes ecdejiafliccly is inconfillent with the Eftabliihment of the Church-Government now defired, and ought to be abro- gat, therefore their Majefties, with Advice and Confent of the Eftates of Parliament, do hereby abrogat, refcind and annul the forefaid Aft, and declares the fame, in the whole Heads, Articles and Claufes thereof, to be of no Force or Effecl in all Time coming. A3\\. Rtflari&g the Presbyterian Miviflers. who mere thru ft from their Churches fince th$ fir ft Day of January 166 1. 25 tb April 1690. FOrafmuchas, by an Aft of this prefent Pari p men*, relative to and in Profecution of the Claim of K Prelacy, and the Superiority of Church-Officers above Pref- bytcrs, is aboliihed j and that many Miniflcrs of the Pn terian Perfuafion, fince the Firft of January One thcufanJ. hundred fixty one, have been deprived of their Churches, or baniilied for not conforming to Prelacy, and not complying with the Courles of the Time, therefore their Majefties, with Advice and Confent of the Ettatcs of Parliament, ordain and appoint, that all thefe Presbyterian Minifters yet alive, who were thruh 1 from their Charges fince the firft Day of Jm I fix hundred fixty one, or banilhc ■ling tu Pt the Time, h Churches, that . may pr< iilry in I Q rs, hout any new Gail ; and 1 84 The outed Mhijiers rejlored. that for the whole Crop One rhoufand fix hundred eighty riine, and immediately to enter to the Churches and ManTes where the Churches are vacant, and where they are not va- cant, then their Entry thereto is declared to be the Half of the Benefice and Stipend, due and payable at Mkhaelmafs laft, for the Half Year immediately preceeding betwixt Whtt* funday and Mkhaelmafs ; declaring that the prefent Incumbent fliall have Right to the other Half of the Stipend and Benefice payable for the Whit funday laft bypaft ; and to the Effecl that thefe Miniftcrs may meet with no Stop or Hinderance in en- tering immediately to their Charges, the prefent Incumbents in fuch Churches are hereby appointed, upon Intimation hereof, to deilft from their Miniftry in thefe Parirhes, and to remove themfelves from the Manfes and Glebes thereunto be- longing, betwixt and Whit funday next to come, that the Pref- byrerian Minifters, formerly put out, may enter peaceably thereto, and appoints the Privy Council to fee this Acl put to Execution. Aft V. Ratifying the Confefion of Faiths and fettling Presbyteri- an Church-Government. 7th June 1690. OUR Sovereign Lord and Lady, the King and Queen's Majefties, and three Eftates of Parliament, conceiving it to be their bound Duty, after the great Deliverance that God hath lately wrought for this Church and Kingdom, in the firft Place to fettle and fecure therein the true Proteftant Religion according to the Truth of God's Word, as it hath of a long Time been profefTed within this Land ; as alfo the Government of ChrifVs Church within this Nation, a- greeable to the Word of God, and moft conducive to the * Advancement of true Piety and Godlinefs, and the efta- blifhing of Peace and Tranquillity within this Realm ; and that' by an Article of the Claim of Right it is declared, That Prelacy, and the Superiority of any Office in the Church above Presbyters, is and hath been a great and unfup- ' portable Grievance and Trouble to this Nation, and contrary to the Inclinations oi' the Generality of the People ever fince the Reformation', they having reformed from Popery by Presbyters, and therefore ought to he nboliihed. Likeas, by an The Confeffion and YrPsfyftrj? ratified, i 85 pi) A& of the laft Scflicn of this Parliament, Prelacy rs aboliili- ed, therefore their Majefties, with Advice and Content of the faid three Eftates, do hereby revive, ratify rind perpetually con : firm all Lav/s, Statures and.Acls ot Parliament made ag^ Popery and Papifts, and for the Maintenance andj^eiervati of the true reformed Proteftant Religion, and tor the true [ phurch of Chrift within this Kingdom, in (o far as they c ffirm the fame, or are made in favours thereof : Likeas nicy, by thefe Prefents, ratify and eftabliih the Confeffion of Faith read in their Prefence, and voted and approven by them as the publick and avowed Confedion c>f thjs Church, contain- ing the Sum and Subftance of\ the. Doctrine of the relbrmea Churches, (which Confeflion of Faith is fubjoined to this prc- fent Act*) as alfo they do eftabliih, ratify apd confirm the Presbyterian Church Government and Difcipline ; that is to fay, the Government of the Church by Kirk-Seulons, Pref- byteries. Provincial Synods and General Aflemblies, ratified and eftabliihed by the 114 Act, Ja. VI. Pari. 12. anno 1592; entitled, Ratification of the Liberty of the true Kirk, if. and thereafter received, by the general Confent of this Nati- on, to be the only Government of Chrift 'a Church within this Kingdom ; reviving, renewing and confirming the iuie- faid Aft of Parliament in the whole Heads. thereof, except that Part of" it relating to Patronages, which is hereafter to A a be • To dul K& \vas fubjoincd the Confeflion of Faith, u-fid tre the Heads or Titles of theChapt, tvre. d and the Holy Trinity. Gh p. Ill crecs. Chap. IV. Of Creation. <■ the Fall of Mnn, and of the I'unifh'mcnt thereof jiant wttilM MI. OfChfift the Chap. cloptio location. ( Of Rcpcntai Of Pcrfevtrancc of the I • I finite. Chap. :.' Church. Chap. :• i2 6 Laws for Trelacy refunded* be taken into ConfiJcration ; and refcinding, annulling, andl making void the Afts ci Parliament following, viz. Aft anent 1 Reftitution of Biihops, Ja. VI. Pari. iS. t7tf/>. 2. Aft rati- fying the A£h of the AffetoMy 1 6 1 o .y<7. VI. Pari. 1 1 . Cap. 1 . Aft anent the Election of Archbifnops and Bifhops, Ja. VI. Ptf/7. 22. £#/>. 1. Aft intitled, Ratification of the five Ar- ticles of the General AiTembly at Perth, Ja. VI. Pari 23. Cap. i. Aft intitled, For the Reftitution and Re-cfiabliih- , nnient of the antient Government of the Church by Arch- ■ bilbops and Bifliops, Char. II. Pari. 1. Seff. 2. Aft 1. Anent the Conftitution of a National Synod, Char. 11. Pari. 1. Setf; 3. A& j. Aft againft fuch as refufe to depone againft De- linquents, Char. II. Pari. 2. Sefl. 2. Act 2. Aft intitled, Aft acknowledging and afterting the Right of Succeffion to the Imperial Crown of Scotland, Chart. II. Pari. 3. ^cJ 2. Aft: intitled, Aft anent Religion and the Teft, Char. II. Part. "jf.I Aft 6. with all other Afts, Laws, Statutes, Ordinances and proclamations, and that in fo far allenarly as the faids Aft?, and others generally and particularly above mentioned, are contrary or prejudicial to, inconfiftent with or derogatory from the Proteftant Religion, and Presbyterian Govern- ment how eftablifhed ; and allowing and declaring, that the Church-Government be eftablimed in the Hands of, and exercifed by thefe Presbyterian Tvlinifters who were outed fim.e the fir ft of January 1661. for Non-Conformity to'j Prelacy, or not complying with the Courfes of the Times, and are now reftored by the late Aft of Parliament, and fuch ■ Minifters and Elders only as they have admitted or reeeived, or (hall hereafter admit or receive ; and alfo, that all the (aid Pre^ovterian Minifters have, and fhall have Right to the Maintenance, Rights, and other Privileges by Law provided to the Mirriftfcfs of ChrihVs Church within this Kingdom, are or mat! be legally admitted to particular Chur- ches : Li&eas, in Purfuance of the PremifTes, their Majcfties do hereby appoint the firfl: Meeting of the General Aftembly of this Church? as above eftablifhed, to be at Edinburgh the third Thurf/jv of Otloben next to come, in this inftant Vear 1690. And becanfe many conform Minifiers either have deferred, or were removed from Preaching in their Churches, preceding the 13th Day of April 168?. and others were de- prived! 'Allowance given for a General AJJembly. 187 prived for not giving Obedience to the Aft oftheEltates tithe faid 13th of April 1689. intitled, Proclamation again]} the owning the late King James, and appointing public': . King William and Qjeen Mary, therefore their Majefties, with Advice and Confcnt forefaid, do hereby declare all the |Churches, either deferted, or from which the conform Mini- ers were removed or deprived, as faid is, to be vacant, and hat the Presbyterian Miniiters exerciflng their Miniftry with- n any ofthefe Parifhes, (or where the lait Incumbent is dead) 3y the Dcfire or Confent of the Parlili, (hall continue their Poifetfion, and have Right to the Benefices and Stipends ac- ording to their Entry in the Year i63q. and in Time coni- ng, ay and while the Church, as now elrablilhcd, take far- hcr Courfe therewith : And to the Effecl the Diforders hat have happened in this Church may be redreffed, their slajefties, with Advice and Confcnt forefaid, do hereby al- ow the general Meeting, and Rcprcfcntativcs of the forefaid ^esbyterian Miniiters and Elders, in whofe Hands the Exer- ife of the Church Government is cftabliihed, either by them- slves, or by fuch Minifters and Elders as mall be appointed ihorized Vifitors by them, according to the Cultom ud Practice of Presbyterian Government throughout the [ingdom, and fevcral Parts thereof; to try and purge ut all infufftcient, negligent, fcandalous and erroneous Mini- ers. by due Courfe of ccclefmftical Procefs and Cenfures, nd like ways for redrefling all other Church Diforders: And irther, it is here |ed, that whatfoever Minifter, be- »g conveened before the (aid General Meeting, and Jlepre- rntatives of the Presbyterian Minifters and Elders, or the to be appointed by them, (hall either prove contuma- ous in ry>t appearing, or be found guilty, and lhall be there- ire cenfure,' r by Sufpenfion or Depofitton, they 3 faflo be fufpended from, or del i their Sti- sndsand Be 19M July 1690. rieen Majefties the keeping of the 1 ulc-Vj 1 88 Agamji Chriftvwfs and ^Patronages, tuption to the Courfe of Juftice in this Kingdom, to the Hin-j elcrance and heavy Prejudice of the Lieges thereof" therefore they, with and by the Advice of the Eftates of Parliament, have difcharged, and "fimply difcharges the forefaid Yule Va* cance, and all Obfervation' thereof, in Time coming ; and re- fcinds and annulls ail Arts, Statutes Warrands and Ordinann pes whatfqrne'ver, granted any Time heretofore for keeping pftfrp faid Yule-Vacance, with all Cuftom or Obfervation thereof; and finds and declares the fame to be extincl, voidj nri of no Force nor Effect in Time coming ; and ordains the Court and Seffion of the College of Juftice, and Senators' and Members thereof, to conveen 'and fit for the Administra- tion of Juftice, without any Interruption by the forefaid Yule Vacance, from the firft Day of November to the laft of Fi hrna-y tncinjive yearly : And ordains the faid Senators, an remanent Members of the' College of Juftice, to rife the fai lail Day of February, and to conveen and fit down again, foi Adrninittrarion of Juftice to the Lieges, the flrft Day of Jun k yearly, and to rife'the laft Day of July next thereafter inch jHv .* And alio ordains the whole remanent Judges of inferior Courts within the Kingdom, to proceed in the x^dminiftration of Juftice within their leveral JurifdicYions, Without any Re fpccTrofhe faid Yuie Vacance, and without any Interrupti- on or Vacation by the laid Yule-Vacance, notwithstanding oi znv bygone Cuftom of Obfervation of the laid Yule-Vacance Jteing the fame is now difcharged in Manner forefaid. 1 I AS) XXIII. Concerning Patronages ■'-{•. 19th July 1690 OUR Sovereign Lord and Lady, the King and Queen Maiefties, ' considering that the Power of prefentin Minifters to vacant Churches, of late exercifed by' Patron harh been greqtlv abufed, and is inconvenient to be continue >n this Realm, do therefore, with the Advice and Confent < the Eftates of Parliament, hereby difcharge, cafs, annular iV.ake void thp forefaid Power heretofore exercifed by any P tron, of prcfenting Minifters to any Kjrk now vacant, 1 that in 1 1 i hereafter happen to vakk within this Kingdoi v/ith all E^crciie of the faid Power j and alio all Righ Gi. •J- This Aft is refunded by ail A£\ ?£ the£nt';fi Parliament, anno 17; 4, jigainjl Patronages. 185* Gifts and Infeftments, Acts, Statutes and Cuftoms, in fo far as they may be extended or underltood to eltabliih the faid Right of Prefentation, but Prejudice always of fuch Minifters as lire duly entered by the forefaid Prelentations (while in Ufe) their Right to the Manfe, Glebe, Benefice, Stipend, and o- ther Proiits of their rclpecYive Churches, as accords ; and but Prejudice to the Patrons, of their Right to employ the vacant Stipends on pious Ufes within the refpeclive Paroches, ex- cept where the Patron is Popilh, in which Cafe he is to em- ploy the lame on pious Dies oy the Advice and Appointment of the Presbytery , and, in cale the Patron lhali iaill in ap- plying the vacant Stipend for the Ufes forefaid, that he jhall lofc his Right of Adminittration of the vacant Stipend for that and the nest Vacancy, and the lame (hall be difpof- cd on by the Presbytery to the Ufes forefaid, excepting al- ways the vacant Stipends within the Bounds of the Synod Of Argylc ; and to the Effect the calling and entering Mini* jlers in all Time coming may be orderly and regularly per- formed, their Majeltics, with Gonfent of the Eftates of Par- liament, do itatute and declare, That, in cafe of the Vacan- cy of any particular Church, and for fupplying the fame with a Minifter, the Heritors of the faid Parifh, (being Proteftants) and the Elders, are to name and propofe the Pcrfon to the whole Congregation, to be either approven or difapproven by them ; and \t they difipprovc, that the Difapprovers give in their Reaions, to the EfteJl the Affair may be cognofced n by the Presbytery of the Bounds, at whofc Judgment, and by whole Determination the Calling and Entry of a par- ticular Minifter i-; to be ordered and concluded ; and it is hereby enacted, that if" Application be not made by the El- ocrihip and Heritors of the Pariih to the Presbytery, for the Gill and Choice ol a Minifter within the Space of fix Months ancy, that then the Presbytery may procct provide the (aid Pariih, and plant a Minifter in the Church uto : It is alwayes hereby declared, , (hall be bui Prejudice' of the calling of Mmiftei Council and K i, where there is ho Landward Pariih, as r I 66 d. and where there U a able fan of the Par,:;; in Landwaid, 1 90 Who pall call Mhiifters, Call Hull be by Magiftrates, Town-Council, Kirk-Seffion, ani the Heritors of the landward Pariih : And, in Lieu and Recom- pence of the faid Right of Prefentation hereby taken away, their Majefties, with Advice and Conient foreiaid, ilatute and ordain the Heritors and Liferenters of each Pariih, and the Town-Council for the Burgh,, to pay to the faid Patrons, be- twixt and Martuimcfs next, the Sum of fix hundred Merks, proportionally efieiring to their valued Rents in the fafd Pa- rid), viz. two Parts by the Heritors : and a third Part by the Liferenters, deducing always the Patron's own Part cfieiring to his Proportion as an Heritor, and that upon the faid Patron his granting a iufficient and formal Renunciation of the faid Right of Prefentation, in favours of the faids Heritors, Town- Council for the Burgh, and Kirk-Seftion : And it is hereby declared, that as to the Farifhes to which their Majcfties have Right to prefcnt, upon Payment of the faid iix hundred Merks to the Clerk of the Treafury, their Majefties lhall be fully denuded of their Right of Preientation as to that Pariih ; and as to other Patrons, if they refill e to accept the faid fix hundred Merks, the fame is to be configned in the Hands of a refponfal Perfon in the Pariih, upon the Hazard of the Con- signers, not to be given up to the Patron until he grant the faid Renunciation, allowing in the mean Time the Heritors and Kirk-Seftton to call the Minifter conform to this Act ; and ordains Letters of Horning to be direct at the Inftance of the Patron againft the Heritors and others, who (hall not make Payment of the uid Six hundred Merks after the faid Term of B(l.• 17. againft Keepers of Conventicles, and "Withdrawers from pubiick Worfhip. Aft, Char I. 2. Pari. 3. £#/>. 4, for fe- curing of the Peace of the Country. Aft, James 7. Pari. 1. fit^ 1. £tf/>. 6. obliging Husbands to be liable for their "Wives Fines. Aft, Cap. 8. ibidem, againft Preachers at Con- venticles, and Hearers at Field Conventicles. Aft, Cap. 24. ibidem, ordaining that Tenants be obliged, by their Tacks to live regularly. And generally all other Acls, Clanfes an& Provifions in Acls whatsoever, made fince the Year \66\. inch five, againft Non-conformity, or for Conformity to the Church and Government thereof, as then cftablii&ed under Archbiihops and Biihops. Aft XXVIII. Refunding Jevercl Afts of Parliament. 19th July idpo. OUR Sovereign Lord and Lady, the King and Queens Majefties, and three Eftates of Parliament, confidering that, during thefe late Years bypaft, feveral Acls of Parlia- ment have been made, which are now either ufelefs, or foun-3 to be hurtful, do therefore refcind, cafs, annul) and make Void, in all Time coming, the Acls of Parliament following, t-iz. Aft, Charl. 2. Pari. 1. Setf. 1. Cap. 17. anent a folemtl Anniverfary Thankfgiving, with the Aft, Charl 2. Pari. 2. Setf 3. Chap. 12. to the fame Purpofe. Aft, Charl. 2. Pari. 1. Setf. 2. Cap. 25. for denouncing excommunicate Perfons. And, Pari 1. Setf. 3. Cap. 23. anent Sentences of Excommu- nication, with all other Acls of the fame Import; and. but Prejudice of this Generality, all Acls enjoining Civil Pains upon Sentences of Excommunication. Aft, Charl. 2. Par/. 3. Cap 6. anent Religion and the Teft. Aft, Cap. 18. ibidem t averting his Majefty's Prerogative in Point of Juiildiclio.n, wi& JrV the Oath of Allegiance and Jljfurance. 193 with the Afts following, made during the Reign of the late King James, viz. In the firft Seflion of his firft Parliament, Att 2. except in fo far as concerns the Annexation of the Excife to the Crown. Atts 5-, 6, 7, 8, 1 1, 1 3, 1 6, 1 7, 23, 25% 26, 27, 30, 36, 37, 40 and 42. all paft in that Seflion of Par- liament : As likeways in the fecond Seffion of that Parlia* ment, Atts 1, 6, 7, 9, 13, 26, 27, 28. all pail in that Parlia* ment, with an imprinted Aft alfo part therein, refcindir.g a former Aft annexing the Lands and Barony oSTarbet to the Shire of Cromarty ; declaring, likeas their Majeftie3, with Confent forefaid, hereby declares the whole forefaid Aft* hereby above refcinded, to be of no Avail, Force, Strength nor Effect, in Time coming. A GTS made Sef. 4. Pari. 1. K. William and Q. JM A& VI. For the taking the Oath of Allegiance and Ajp:razee* 23*/ May 1693. FOrafmuchas the impofing and taking the Oath of Allcgi* ance, and the Affurance, enafted in this current Parlia- ment, as hereto fubjoined, will be a farther Security to the Proteftant Religion and their Majeftics Government in this prcfent Exigence, therefore the King and the Queen's Ma- jellies, with Advice and Confent of the Eftates of Parliament, ftatute and ordain. That the faid Oath of Allegiance be fworn, and the fame, with the forefaid Aifurance, be fubferib- ed by all Noblemen and their eldeft Sons, being pall Twenty one Years of Age, and by all Perfons in Offices and Places ( f publick Truft, civil, ccclcfhftical and military, to ?t«/7, by all Members of Parliament, and Electors of Members of Parliament, all Privy-Counfellors, all Officers of Stare anj of the Grown, all the Lords of* Sel locate*, 111 others Members of the College of Jiftite, the Lr»ri? a of Trcafury and Exchequer, Lords of Judiciary, and al] Mem r thefe Courts, and all Officers and Members Admirality, and all Officers and Member 1 Writers and Under-Keepcrs of the] ir.l. Puft^W and their C tie Coi.'- Vj Bill 5 1 94 Who mitft take tfje Oaths. ; Burrows, and their Clerk, and the Servants who officiate im* I der him, and the Agf nt For the Royal Burrows, the Confer- •vator of the Scots Privileges in Holland, and the Factors at the Staple Ports, all Collonels and other commiiTionat Offi- cers of the Trainbands, all Perfons who are or (hall be Com- miifioners for Valuation, Re-valuation, or rectifying Valua- tion of Lands, and all Perfons having heritable Offices from the King, not already mentioned in this Act, all Preachers and Miniiters of the Gofpel whatfoever, and all Clerks \n Church -Judicatories and Prefenters, and all Heritors voting in the Calling of Miniiters, and all others whatfoever giving Voice in the laid calling of Minifters at their Meeting for that Effect:, all Perfons in this Kingdom named or to be nsmed Judges in Commiffions of Judiciary, all Members of the Com- mifTion for Valuation of Tiends and Plantation of Kirks or other. Commiffions of Parliament,. all Sheriffs, Stewarts, Ba4Hes of Royalties and Regallities, CommifTars and their Deputes, Clerks and Fifcals, Jultices of Peace, Commiffioners for the Supply and Excife, Officers of the Mint, with their Clerics and Eifcals, all Procurators before any of the Courts above menti- oned, all Writers to the Signet, all publick Nottars r and other Perfons employed in Writing or Agenting, the Lyon King'at Arms, the Lyon Depute, Hera ill ds, Macers, Purfevants and JVIeflcngers at Arms, and their Clerk, all Chamberlains, Col- lector s v Farmorers. Tackfmen, Siib Collectors of their Maje- flies Crown Rents, Cuftoms, AiTeiTment, Excife, Bjfhop- Renfrs, vacant Stipends, or any other Moneys belonging or that fhall happen to belong to their Majefties ; all Surveyers and Waiters for the Cuftoms and Excife, and Clerks in iny of thefe Offices or Employments," and Clerks of Cocquets, all Magtftrates, Deans of Guild with their Council, Treafurers, Councilors, and Clerks of Burghs Royal, and ofRegallity, or fuch as officiate for them, all Deacons of Trades, and Deaon-Convecners in the faid Burghs, and fuch as have any Voice in electing of Deacons of Trades, with all Clerks of Trades, all Javlors and Keepers of Prifons, and Ur.^ Keepers and their Clerks, and all Mailers and Doctors in Univerfines, Col ledges or Schools, and Keepers of pubiick jLiberaries, all Chaplajris in Families, and Pedagogues and Governors id Children and Youth, all Officers in the Army, Forts 'Before ivhom the Oaths tnuft be taker*. 195- Forts and Garrifons, and all Matters of Snips and their. Mates : All which Perfons, and s every one low, and in all Time coming, publ'._ md fublcrbe the fame, with tne AiUiraiu. ,1 .sv- z. The Oincers ofSrateand of the Crown, in J G ^unfel- lors before the Secret Council; all Noolenacn, and their cidcH Sons paft Twenty one Years of Age, and the chief Comman- lers of the Forces, before the Secret Council, or fuch as they [hall appoint ; all the Lords of Seifion, and all Members of the College of Jultice, and others depending upon them, be- fore the Setfion, or before the Privy-Council, or fuch a* the Lords (hall appoint ; the Lords of j , and thofe de- pending upon that Court, in the juitice' Court j the Lords, xnd others Members of the Exchequer, befoie the Exchequer ; the Lord High Admiral and the Judge, and other Officers and Members of the Almirality, beiore theC mrt of Admirality ; all Judges having Conimilfion oi Juki , te :i: :i Meeting, before they exerce by Virtue of thele Commiiiions ; the 9 and Members of the Cian.cLarv. tt nrers to and Under-Keepers of the Privy Seal, before the Sellion, or fuch as the S urac il iiuil appoint ; Com mi timers to the Convention of Burrows, the Clerk and the Servants who of- jnder him, and the r the Burr<.v/<, before the Convention of Burrows ; the Conlervator before the Com en - tion of Burrows, or fuch as the Privy GpuriCfl Ihall appoint ; and the Factors at Staple Pari feryatpr in his Court; Members in the C >mmiilion f »r the \ aluati >n of ': . PUntaiioQ oi fore thofe refpecTive Commiiiions ; Shcri iillics and their Dq Q Courts Juftices of* Peace, Conimillior.ers tor tin their Conveencr. he firfl qu difsing htmli the General of the Mint before th Council, a the other OiHcers of the M'.nt. General there rues and Procurator 5, Twhich rhcy belong j all N in Writing \r fuch as the Council ihail 2] •the Secret Council ; the Lyon Depute, Hcrauid:, i t$6 Before whom the Oaths nm ft be taken. and Meffengers at Arms, with the Clerk, before the Lyon in his Court ; the Macers before the refpecYive Courts wherein they ferve, or before thefe whom the Council ihall appoint ; ocrlains, Collectors, Farmorers, Tackfmen and Subcol- leclorsof the Crown-Rents, Cuftoms,Excife, and Bifhop-Rents, Survey crs, Waiters and their Clerks, before the Lords of Trea- fury and Exchequer, or before whom they fhall appoint ; Col- leftors of the Supply and Excifc, before the Commiilioners of Supply and Excife; Magistrates, Deans of Gild, with theirCoun- cil, Treafurers, Councilors, and Clerks of Burghs- Royal and Regality, Deacons of Trades, and Dcacon-Conveeners, and thefe who have a Voice in Electing of Deacons of Trades, and Clerks of Trades, before the Council of the Burgh ; Officers of the Anny before the Commander in Chief, or whom he mail appoint; and Officers of Forts before the Secret Council, or futh as they fhall appoint ; Matters of Ships and their Mates, before the Gourt of Admirality, or fuch as they mail appoint , and all the other Perfons above ranked, without any fpecial Appointment, before fuch as the Privy-Council mail ap- point : And their Majefties, with Confent aforefaid, ftatute m\d ordain, that the whole Perfons above mentioned, fhall iwear the faid Oath, and fubferibe the fame, and the Affur- ance, in Manner aforefaid, betwixt and the twentieth Day of Jane next ; for which End all the inferior Courts arc here-? bydifpenfed with, to fit to the Effect aforefaid, excepting Electors o.f" Members of Parliament, and Members of the Com millions above mentioned, and thefe giving Voice in Cal- ling of Minifters, and fuch as have a Voice in Electing of Deacons of Trades, who are hereby appointed to take the faid Oath, and fubferibe the fame, with the Affurance, as follows, viz. The Electors of Members of Parliament, before they elc8 The Tains of not qualifying. that bath the Owner and the'Keeper fhali incur the Penalty of one thousand Merks, the one Half to the Informer, and tbe other to their Majefties : And their Majefties, v/ith Con- lent aforefaid, authorrfes and imp owers the Lords of Privy Council to take fuch further, effectual Methods for difarming thefe PerfonSr. and feafing of their Hurfes above the forefaid Value, as they thall judge neteffary ; as like ways they im- power the Council to call before them, all or any Heritors, or other Perfons, whom they fhall think fit, whether above ranked or not, and to put the (aid Oath and Aflurance to them, and, in cafe of their Refufal, to proceed againft them hy Fining, Confining, Imprifomnent and Baniibment, as they ifeall fee Caufe ; the line, if they be Heritors, to be the Double a£ their Cefs or Supply, and further, (if the Council mall think fit) not exceeding a Years valued Kent •, and for others not Heritors, the third Part of their efcheatable Goods, by and attour the other Penalties contained in the 38th A (51 of t&e fecond Seffion of this current Parliament. It is alfo here- by enacled, that the faid Oaths of Allegiance and Affuranc.e are in no Cafe to be impofed or taken fevcrally, but jointly ; declaring hereby, that tkefe who refufe the one, (hall be hol- den as refuting b:>th. And their Majefties, with Advice lore- laid, recommends to their Privy Council, to fee this Act put to a due and vigorous Execution with all Diligence; and it is hereby declared, that the forefaid general Power, granted to the Council, is to endure until the next SeiTion of Parliament allcnarly* And iailly, it is hereby provided, that fuch as have alreadv taken and fabferibed the faid Oath, and fub- fcribed the Aflurance, mall not be obliged, by Virtue hereof, to take and fubicribe the fame again in the fame Capacity. Tke Oath of Allegiance, /A. B. do Jincerefy promi/e and fd-ear, That 1 'will be faithful \ and bear true Allegiance to their Mojefties King William ■y. Sz hc'fKc G%J< The AJurav.ce. /A- B. : v- :.v the Sirxerity of my Heart, afert y edkmfoMij* and tbtir Ithjefiies, L ..lam, andQaem Mary, Conditions of Adtniffion to theMiniflry. 199 Mary, are the only lawful nmhsitei Sama*mm of tin Realm, as wet/ de jure, that is, of Right, King and Qnaen. as de fcclo, thai is, in the Pojfefion and E . he Cover nment; ani therefore I do fincerely and faithfully pr we end engaga % tkit I will whi Heart and Hand, Life and Goods \ mjint aim and defend their Ma- je'lies Title and Government, againff the lute King James, and bit Adherents, and ell other E msme% % who* artier fy C fen ar fecrai Attempts, jhali difturb or dtfpizH their Abjefiiex in tie P fion and Exercifc thei fl 4B XXIII. fir fettling the Qj:et and Peace of the Charch. I ith June 1693. OUR Sovereign Lord and Lady* the King and Queens (tie?, with Advice and Confent of the Eftatcs of Parliament, ratify, approve, and perpetually confirm the 5th A 51 of the 2d Seflion of this current Parliament, intituled, A3 rfying the C rrc4- m the whole H : Jes and Claufes there- of; and do further ftatnte and ordain, that no Perfon be admit* tel or continued, for here:/ . a M»nifter or Preacher within this Church, unto c, having firft taken and fub- be Oath ibed the AfTr.rance lt appoint* Aft of this prefcnt Seflion ,of Parliament, made there: ' , ratified in the forefaid 5-th A«5t of the (econd Hon of this parliament, declaring the fame to be the Con- »n of his paith, and that he owns the Du&rine therein lined, to be the true Dt.clrine vhich he will conftontly adhere to ; a . that he ovois nrJ acknowledges Pref- j fettled by the forefaid eth Aft of the 2d Seflion of this Parliament, to be the only Go- mem of this Church, and that he w-11 fubmit therein, and . dire I 200 Conditions of Admtjjion to the Church. Authority of the fame; and that no Minifter or Preacher bg admitted or continued for hereafter, unlefs that he fubferibe to obferve, and do actually obferve the forefaid Uniformity. And for the more effectual fettling the- Quiet and Peace of this Church, the Eflates of Parliament do hereby make an humble Addrcfs to their Majefries, That they would be plea- fed to call a General Affembly for the ordering the Affairs of the Church ; and to the End that all the prefent Mini- fters poffeffing Churches, not yet admitted to theExercife of the forefaid Church-Government, conform to the fa id Aft, and who (hall qualify themfelves in Manner forefaid, and rhall apply to the faid Affembly, or the other Church-Judi- catures competent, in an- orderly Way, each Man for him- felf, be received to partake with them in the Government thereof; certifying fnch as ihall not qualify themfelves, and apply to the (aid Affembly, or other Judicatures, within the Space of thirty Days after meeting of the faid firft Affem- bly, in Manner forefaid, that they may be depofed by the Sentence of the (aid Affembly, and other Judicatures, tarn ab c$zc:o qtt&m a benefice ; and withal declaring, That if any of the faids Minifters, who hath not been hitherto received into the Government of the Church, fhall offer to qualify them- felves, and to apply in Manner forefaid, they fhall have their Majefties full Protection ay and while they ihall be admitted and received in Manner forefaid : Providing always, That this Aft, and the Benefit thereof, fhall noways be extended to fuch of the (aids Minifters as are fcandalous, erroneous, negligent or inefficient, and againft whom the fame fhall be verified within the Space of thirty Days after the fai4 Application ; but thefe, and all others in like Manner guil- ty, arc hereby declared to be liable and fubjecl to the Power and Cenfure of the Church as accords : And to the EffecT: that the Reprefentation of this Church, in its General AC* femblies, may be the more equal in all Time coming, re- commends it to the firft Affembly that ihall be called, to ap- point Minifters to be fent as Commiffioners from every Pref- bvtcry. not in equal Numbers, which is manifeftly unequal whe^e Presbyteries ar^ fo, but in a due Proportion to the Churches and Parochins within every Presbytery, as they Cull judge convenient: And it is hereby declared, That all School- jfgainft Blajpbemji Sot School-Matters^ and Teachers of Youth in Schools, are and (hall be liable to the Trial, Judgment and Genfure of the Presbyteries of the Bounds, for their Sufficiency, Qualifica- tions and Deportment in the faid Office. And laftly, their Majefties, with Advice and Confent forefaid, do hereby (U- tute and ordain, That the Lords of their Majefties Pr Council, and all other Magiftrates, Judges, and Officers of Juftice, give alt due Afliftance for making the Sentences and Cenfures of the Church, and Judicatures thereof, to be obey* ed, or otherways effectual, as accords, ACTS made Sef. j. Pari. I. KJVil/iam and Q. Mary, Aft XI. Again/} Ma/hhemy* 48//; June fipf* OUR Soveraign Lord, with Advice and Confent of th-e Eftates of Parliament, does hereby ratify, approve and confirm the Twenty fir ft Aft of the firft SefTion of the firft Parliament of King Charles II. intitled, Ail cgainji the Crime •fBlafphemy, in the haill Heads, Claufes, and Articles there- of, and ordains the fame to be put to due and punftual Exe- cution : And farther, his Majefty, with Advice and Confent forefaid, ftatutes and ordains, That whoever hereafter iliall, in their Writing or Difcourfe, deny, impugn, or quarrel, argue, or reafon againft the Being of God, or anv of ths Perfons of the bleifed Trinity, or the Authority of the holy Scriptures of the Old and New Teftaments, or the Pr dence of God in the Government of the World, ihall, the firft Fault, be punifhed with tmprifonment, ay and white they give publick Satisfaction in Sackcloth to the Congre- gation within which the Scandal was committed ; and, ior the fecond Fault, the Delinquent (hall be fined m an Year's valued Rent of his real Eftatc, and the twentieth Pu free perfonal Eftate* (the equal Half of which Fines are to be applied to the Ufe of the Poor of that Paroch within which the Crime (hall happen to be committed, and llM ther Half to the Party Informer) betides his being i&lprii cd ay and while he make again Satisfaction ki -nd, 202 The Time for qualifying prorogate. for the third Fault, he (hill be punifhed by Death, as an ob- ftinate Blafphemer v Likeas his Majefty, with Advice and Content fore faid, hereby auihorifes and ftriclly requires and enjoyns all Magiftrates, and Minifters of the Law, and Judges within this Kingdom, to put this prefent Act in Exe- cution as to the firft Fault •, and does hereby impower and require all Sheriffs, Stewarts, Bailies of Bailiaries and Re* galities, and their Deputes, and Magiflrates of Burghs, to put this prefent Act in Execution as to the fecond Fault ; and as to the third Fault, his Majefty, with Advice and Con- tent forefaid, remits the Execution of this prefent Aft to the Lords of his Majefty 's Judiciary. Afi XXVIL Concerning the Church. ltff/;July 169J. OUR Soveraign Lord, being fenfible of the Hurt and Mifchief that may enfue upon the expofing of the Peo- ples Minds to the Influence of fuch Minifters who refufe to give the Proofs required by Law of their good AffecYion to the Government, and withal defirons, that, in the firft Place, all gentle and eafy Methods fhauld be ufed to reclaim Men to their Duty, whereby the prefent Eftablifhment of this Church may be more happily preferved, the Knowledge of the Truth, with the Practice of true Piety, more fuccefsful- ly advanced, and the Peace and Quiet of the Kingdom more effectually fettled, hath thnuqht good to allow, and, with Advice and Confent of the Eftates of Parliament, hereby all owes to all Minifters that were at the Time of his Ma- jefty's happy Acceffion to the Crown, and have fince contU nued actual Minifters in particular Paroches, and no Sentence either of Depofition or Deprivation paft againft them, and have not yet qualified themfelves conform to the Act of Parliament I 693. intitled, AEi for taking the Oath of Allegiance, end the Af- furance y a new and farther Day, viz. the firft of September in this prefent Year 1 695- . to come in and take the faid Oath of Allegiance, and to fubferibethe fame, with the Affurancc, be- twixt and the faid Day, and that either before the Sheriff of Sheriff-Depute of the Shires, or the Provoft or Bailies of the refpeclive Burghs, or any other inferior Magiftrate of the Bounds where they live, or before any Privy Counfellor, with Indulgence of Ep'Jcopal Clergy. 203 with a Certificate under the Hand of the faid inferior Judges, or Privy Gounfellor, to be reported to the Lords of his Ma- jefty's Privy Council, or their Clerk, within the Space of Twenty one Days after the Date ot the faid Certificate-, de- claring, That all fuch as ill all duly come in and qualify themfelves, as laid is, and fliall behave themfelves worthily in Doclrine, Life and Converfation, as becomes Minifters of the Gofpel, fliall have and enjoy his Majefty'b Protection, as to their refpeclive Kirks and Benefices, or Stipends, they al- ways containing themfelves within the Limits of their pa- ftoral Charge within their laid Paroches, without offering to exerce any Power either oi licenfing or ordaining Minifters, or any Part of Government in General Aflemblies, Synods, or Presbyteries, unlefs they be firft duly aifumed by a com- petent Church-Judicatory ; in which Cafe it is hereby far- ther declared, That the forefaid Minifters, firft qualifying themfelves as above, may be aifumed by the refpecYive Church- Judicatories to which they belong, and fliall apply to partake with them in the prelent eftabliihed Government thereof: Providing nevertheless, that as the faid Minifters, who fliall qualify themfelves as faid is, are left free to ap- ply or not to the forefaid Church-Judicatories, fo the faid Church-Judicatories are hereby alfo declared free to aifumc or not aifumc the forefaids Minifters, though qualified, as they mall fee Caufe : WITH GERTIE [CATION, That fuch of the faid Minifters, as fliall not come in betwixt and the faid Day, are hereby, and bv the Force of thi \St t ipp) fafh deprived of their refpecYive Kirks and Stipends, and the fame declared vacant without an\ further Sentence. And his Majefty, being purpofed that his Grace ftu!l be ilill pa- tent to all, doetli further deJarc and ftatute, with Confent forefaid, That at what Time focver any Miniflcr, either fettled in a Church or not, fhall, upon Application, te judged fit to be aifumed by an\ competent Church Judicatory, as faid is, the forefaid Miniilcr, upon a Certificate thereof from the faid Judicatory, fliall be admitted and allowed to qualify hlmfell, by taking the Oath ol C, and fubferibinflj the fame, with the Aflfurance, In Manner forefaid albeit the laid firft of Septwmbir be pafl and tlapfed. And his Majefty, villi Confent forc&id, allOPtf declarer and ilatutes as a- bo\c, 204 For Security of the Troteflant Religion. bove, any Thing in the fore fa id 'Aft 1693. or in the other A<5t of the fame Seffion of Parliament, intitled, Aft far fci» %i'mg the Quiet and Peace of the Church, notwithstanding — -^ An ACT made Seff. 8. Pari. 1. King William. jfft II. For ft curing of the P rot eft ant Religion and Preshytenan Government *. OUR Sovereign Lord, with Advice and Confent of the Eftates of Parliament, ratifies, approves and perpe- tually confirms all Laws, Statutes and Acls oi Parliament made for the eftablilhing, maintaining and preferving of the true P rot eft ant Religion, and for the true Church of Chrift, as at prefent owned and fettled within this Kingdom : As likewife, for efiablifhing, ratifying and confirming the PreA byterian Church-Government and Difcipline, that is to fay, the Government of the Church by Kirk-Seflions, Presbyte- ries, Provincial Synods, and General Affemblies, to be agree- able to the Word of God, and the only Government of Ch rift's Church within this Kingdom ; and particularly, with- l out Prejudice of the Generality aforefaid, his Majefty, with Advice and Confent forefaid, ratifies, approves and confirms the fifth Acl: of the fecond Seffion of this current Parliament, intitled, A CI ratifying the Coufejfiav of Faith, and fettling Pre f* byterian Church- Government, in the haill Heads, Articles and Claufcs thereof, as if at Length herein fet down : But Preju- dice neverthelefs to the Twenty feventh Act of the filth Sef- fion of the prefent Parliament, intitled, A Si concerning the Church, as to the Allowance therein given to certain Mini- fiers not a&t&tty aiTumed by the ordinary Church- Judicatures, vnder this Condition and frovifion always exprefled in the ierefaid Aft. ACT * Wifh cbis Act ggf£#S m Form, as well as Matter, A3 III. Vr.r). i, '%)• Ap • fft4 Aft 1 1. P--ri 3, Q. A:u:e } begun tfth Miff Act of Security. 205 An ACT made Sef. 4. Pari. 1. Q^Anne, begun 3d Otto* ' ber 1706. jfft VI. /V fecuring the Proteflant Religion and Presbyterian Church -Government. OUR Sovereign Lady and the Eftates of Parliament, con- sidering that, by the late Aft of Parliament for a Trea- ty with England for an Union of both Kingdoms, it is provid- ed, That the Commiflioners for the Treaty ihouki not treat of or concerning any Alteration of the Worfhip, Diicipline and Government of the Church of that Kingdom, as now by Law e- ftabliihed ; which Treaty, being now reported to the Parliament, and being reafonable and neceffary that the true Proteftant Religion, as prefently profeffed within this Kingdom, wnh the Worihip, Difciplineand Government of this Church, mould be effectually and unalterably iecured, therefore her MajcT fty, with Advice and Conlent of the laid Eftates of Parlia- ment, doth hereby eftablifli and confirm the laid true Pr ftant Religion, and the Worfhip, Difcipline and Govern- ment of this Church, to continue without any Alteration to the People of this Land in all fucceeding Generations -, and more especially, her Majefty, with Advice and Conlent aforefaid, ratifies, approves, and for ever confirms the tiiih Aft of the firft Parliament of K. William and Q. A?*Qi titled, A:l ratifying the Confetfun of Faith, and fgtiting Pi . terian Church-Government, with the hull other Afts of Parlia* rnent relating thereto, in Prolecution of the Declaration of the Eftates of ihis Kingdom, containing the Claim cf Right, bearing Date the eleventh of Y/r// 1089. And her Majefty, with Advice and Conlent forefaid, expreily pro- vides and declares, that the forefaid true Protcftant Religion, contained in the above mentioned Conicflion of Faith, \ the Form and Purity of Worlhip prefently in Vic uithin Church, and its Presbyterian Cliuieh Gov .-, that is to fay, the Government of the Church Presbyteries, Pro .ods and ferublies, all elhbliihcd by the : !"Par!ia.:i.- purfuant to the Claim c M remain anc uru , and tiuc the (ai | br 20 6 j4tl of Security. be the only Government of the Church within the Kingdom of Scotland : And farther, for the greater Security vt the forcfaid Proteitant Religion, and oi the Worihip, Diici- pline and Government of this Church, as above eitabliihed, her Majcfty, with Advice and Content lorefaid, ftatutes and ordains, that the Univeriities and Colleges of" St. Andrews, Glajgr who lhall be no. ruinate by the i prcfide in Parliaments, or other itoxics, lhall, at their Downiiuinrj, adniixiillratc I its H its Members the Oath of Allegiance and Oath of ^arllamenf, acknowledging the King's Supremacy over all Pcrfons, and in all Caufes , and all A'fts contrary hereunto are refcinded. k Ali IV. Jferting his Majefi/s Royal Prerogative in making of Leagues, and the Conventions of the 'Subjects. . THIS Aft ratifies Aft 131. p. 2,8. and Aft 12. p. 29* and declares, That the explaining this Aft fo as not to extend to Leagues and Bands made for preferving the King, Religion and, Laws, for the Good of Kirk and King- dom,- is falfe and difloyal. Aci VI. Annulling the pretended Convention of EJlates kept in the Year 1643. Ereby the Convention of Eftates 1643. with all the Afts thereof, are refcinded, as held and made without Warrant from his Maiefty. A& VII. Concerning the League and Covenant, and difcharging the renewing thereof without his Majetys Warrant and Ap- probation. THIS Aft ordains, That the League called The Solemn League and Covenant, and all that followed thereon, are not obligatory on this Kingdom to meddle or intcrpofe, by Arms or any feditious Way, in any Thing concerning the Religion and Government of the Churches of Engla?id and Ireland, or his Majefty's Government there; and that none require the renewing or fw earing, or renew and fwcar the faid League and Covenant, or any other Covenant, or Oath, concerning the Government of the Church or King- dom, without his Majcfty's fpeciaL Warrant and Approba* tion, under all higheft Peril. A3 VIII. Againft. Papifls, Priefts and Jefuits. BY this it is appointed, That Papifts be prefented that they may be profecute according to Law ; and that Children, under Poplfh Parents, Tutors or Curators,* be taken from them, and committed to the Education of fome well- Abridgments* 2 £ vell-affe<5Ved and religious Friend, at the Sight and by the Order of the Privy Council • and that all Jefuits, Priefts, and traffiquing Papifts, betwixt and the laft of March i66u remove furth of the Kingdom under this Pain of Death. u4cl XL For taking the Oath cf Allegiance, and averting th Royal Prerogative* BY this Act all Officers of State, Members of Privy Council, Scffion or Exchequer^ Julticc-General, Ad* miral, Sheriffs, Commiifaries, and their Deputes and ClerkSi and all Magiftrates and Councils of Burghs, mud, at their Admiflion to their Offices, take and fwear the Oath of Alio giance, owning the King Supreme over all Perfons and in all Caufcs;— and, at their utrnoft Power, defend and maintain his Majcfty's Jurifdiclion aforefaid, and (hall never decline the fame; — and alfo affcrr, under their Hand, his Ma jelly's Prerogative in Manner fet down in the Aft, (partly evident from the foregoing Abridgments :) As alfo, that aii Perfons required by the Privy Council, or any having Power from them, (hall be obliged to fwear the faid Oath, certifying, that Refufers fhail not only be incapable of publick Trull, but alfo looked upon as difanected to his Majefty's Govern- ment j and fuch as mall refufe to afTert the Prerogative, (hall. from thenceforth be incapable of publick Truft. But this A<51 is in general Terms difcharged and innovate by the Claim of Right, p. 182. Aft XVI. Concerning Religion and Church-Government. HErein the King, with Advice of Parliament, declares his full and firm Rcfoiution to maintain the tru* teflant Religion, in its Purity of Doclrine and Worlhip. as cftabliflied in his Father and Grandfather's Times, and to pro- move the Power of Godlincfs, and encourage the Ew of Religion, and fupprefs all Profahefiefs tcnancc and Protection to the Minillcrs behlving as b Jfo to fettle the Government of the Church a; fliall fiffi Word, Monarchy, and the Kingdom' j .1 in the mean Time continues Jv-k-Scffiuns, Prcrbvteiies D d an J 2 1 o Abridgments. and Synods behaving peaceably, notwithstanding the AftRe« fciifory, />. 169. Ad XVII. For a fokmn annivcrfary Thank/giving for his Ma* jefly's Reftorathii to the Royal Government of his Kingdoms. HEreby the Twenty ninth of May yearly is appointed for the folemn Commemoration of the King's Refto- ration ; and, for that End, that it be fct apart as an huly Day unto the Lord, and be employed in Prayer, Preaching and Praiflng, and lawful and fuitable Divertifements, with Abftinence from all Handy -Labour and other ordinary Em- ployments. And this Aft, as to the Narrative, is altered, Aft t2. Self. 3. Pari. 2. Charles II. 1679. and the Words of the Appointment renewed in other Terms, and the Not- Obfervers ordained to be fined and otherways punifhed by the Council, and other Judges ordinary, according to their Condition. But, as to the religious Obfervance of that Day, thefe Afts were both refcinded at the Revolution, as in/>. 192. Act XVIII. For the due Observation of the Sabbath-Day. BY this Aft is ratified all Afts made for the Obfervation of the Sabbath, and difcharging all Salmon-Fifhing, going of Salt-Pans, Mills or Kilns, hiring of Shearers, carry- ing of Loads, keeping of Markets, and ufing of Merchan- dize on that Day, and all other Profanations thereof, under the Pain of 20 L. for each $<-Pan, Mill or Kiln, and 1x5 L. for each other Profanation, to be applied as in the Aft arjent Juftices of Peace, and that the Infolvent be punilhed in their Perfons. And this Aft is ratified by Aft 22. SefT. 5, Pari. 2. Charles II. AB XIX. Agahfl Swearing and excejjlvs Drinking, THis Aft ratifies former Laws againft Drunkennefs, Curfmg and Swearing : And further, who blafpheme, iwear, curie or drink to Excefs, fliall pay, the Nobleman 20 L. the Baron 20 Merks, the Gentleman, Heritor or Bur- gefs 10 Merks, the Yeoman 40 Shillings, the' Servant 20 Shillings, totles quoties\ and the Minifter the fifth Part of his Stipend, Abridgments. 21 1 Stipend, to be applied as in the Aft anent Juftices of Peace, and the Infolvent to be puniihed in their Perfons. And this. Aft is ratified, Aft 22. Seff. 3. Pari. 2. Cha.les II. T T Aft XX. Againjl Curfing and Beating of Parents. His Aft, except the Preamble, is precifely in the Stile of Aft 133. p. 153. AS XXL Againjl the Crime of Blafphemy. His Aft, except the Preamble, is precifely in the Stile of Aft 28. p. 1-49. with the Addition, That it ihall not be drawn farther back than the 17th February 1649. Act XXV. For denouncing of Excommunicate Perfns. THis Aft ratifies all the Afts of Parliament or Council, preceeding the Year 1640. againft excommunicate Per* fons i and that, Forty pays afrer Sentetice, Letters be di- rect by the Lords of Privy Council or Seffion, at the In- fiance of the King's Advocate, for denouncing them Rebels; and that the fame, being done at the Crofs of Edinburgh and Pier and Shore of Leith % mall be fufficient for Caption and EPcheat, providing that the Proccii of Excommunication be firft exhibite to the Lords of SelTion, in Seffion Time, to con- fider the fame : But this Provifo is refcinded, Aft 23. Self 3. Pari. 1. Charles II. And both thefe Afts, with all other Afts of the fame Import, and all Afts enjoining civil Pains upon Sentences of Excommunication, are refcinded, />. 192. Aft X X K I V. Agaittf ges. THis Aft ordain*, That whoever marries in a tlande- (Vine unorder ly Way, or by Perfbm not A by the Kirk, (hall be imprifoned for t! (w, and bcfidc fhnll piy, the Nobleman 1000 L. the Mn ami Bur- ; 1 L ill i I that they .in in Priion while they lied in the Pariih where rhej dwell; thai * •or be bammed, not to 1 • I none of the Parties, v. * 1 2 Abridgments. themfelves married in England or Ireland, without Procla* rnntion of Banns in Scotland, and againft the Order of this Kirk, under the Pains, a Nobleman 1000 L. a landed Gen- tleman iooo Merks, a Burgefs 500 L. each other fubftantial Perfon 5-00 Merks, a Yeoman 100 L. and each inferior Pcr- fon 100 Mevks, Half to the King, Half to the Pari A, and that the King or Kirk's Advocate purfue the Contraveeners of this Aft, and that fuch as are unable to pay be punifhed, frith Stocks and Irons, and all without Prejudice of the KirH-Cenfurcs. But thefe Pains are varied, as after noticed. £ H ARIES II. Pari. i. SeiT. 2. begun 8th May 1662. Aft U Far the Refihuthn and Re- eft alii foment of the ancient ' Government of the Church by Archb'tfkops and Bijbops. His Majefty and the Eftates of Parliament, finding Epi- fcopal Government to be moft agreeable to the Word of God, effectual for preferving of Truth arid Unity, and fuit- able to Monarchy and the publick Peace, redintegrate the State of Biihops to their ancient Rights and Places, and re- flore them to the Exercife of their Funftion in the Church, Power of Ordination, Cenfures and Difcipline, to be per- formed by them, with Advice of fuch of the Clergy as they §ialj think fit, ratifying all Afts formerly made in their Fa- vours, and all Afts in the contrary and for Presbyterian Go- vernment, efpecially the Aft Ja. VI. Pa-1. \z. Cap. 1 15. are rcfcinded. Item, They are reftored to their Commiifariots and Quotes, according to the Aft Ja. VI. Pari. 20. Cap. 6. but Prejudice to the prefent Commiifaries their Clerks and Fifcals of their Places. Item, All Gifts and Deeds, psft by whatfbever Authority, to their Prejudice fince the Year 1 637. are mad£ void, and they are repc)iie0ed for the Year 1 661 . a$ ihty po$efted in the Year 1637. And this Aft is ratified, . .Aft %. Self. 3. Pari. t. Charles II. But the v a:? both re- jyinded, as in p. 186. yfbridgments. 2 1 3 Ait II. For Preservation of his Majzftfs Verfon, Authority c J Government. THis Act declares that thefe Pofitions, ■ That it is lawful to Subj:?::> upon Pretence of Reformation, or other FH tence v>botfievcr % t: enter into Leagues and Covenants, or to take Arms againjl the Ki:.g 3 or that it is lawful to Sub] efts, pretending his M to take up Arms agamfl his Perfm, or conmiffnn cited by him, or to fufpend him from the Exerci/e of imenty or to put Limitations upon their due Ohc p, are rebellious and treafonable, and all theft Caterings, Convocations, Petitions, Prote- ctions, and erecting and keeping of Council-Tables that e ufed in the Beginning, and for carrying on of the lat9 Xroubles, -wfuland feditious ; and particularly that thefe Oaths, v. hereof the one was commonly called The Nati- .as fv/orn and explained in the Year 16^8. and thereafter) and the o:her, intitled v The So'ewn League and ihemfelves unlawful Oa'hs,' and were ed upon the. Subjects againft Law, and that there -Herb no C npon any of them from the faid Oaths. oSi them, to endeavour any Change of Government in Church or State, and therefore annuls all Acls and eccleficftical or civil, approving the faid Ca- or making any Interpretations thereof; as alfo that General A: ?pt ttGiaJgow 1638. was in itfelfan Lwful and feditious Meeting, and that all A: - prcf . any Wordsor Sentences to ltir up the !l to the i I Prerogative, or Supremacy ufes ecclefiaftkk. or of the Government of the Church by Arc:- iftjfy any of ihe Deeds, Ac- ned and declared, being legally con- ll] Truft, and ; dircvfls. 214 Abridgments. A3 ILL Concerning fuch Benches and Stipends as have ieen-pofi feffed without Prefentaiionsfrvm the lawful Patrons. ALL Minifters entering in or fincc the Year 1649. at which Time Patronages were unjqftly abolilhed, are declared to have no Right to Benefice, Stipend, Manfe or Glebe for this Year 166?. or hereafter, but their Kirks to be vacant, unlefs they receive Prdentation from the Patron, and Collation from the Biihop, betwixt and the 24th of Sep- tember nexr; but Patronages were aboHflied, as in />. 188. AcJLV. Concerning Mefters c/Univerfities, Miniflers, &c. HEreby it is provided, That no Matters, Principals, Re- gents or ProfeiTors, be admitted or continued in any University or College, unlefs they own Epifcopal Govern- ment as now eftabliihed, and that they fwear the Oath of Allegiance, and that Minifters keep and obferve the Bifhop's Vifitation and Diocefan Aifembiy, and concur with the Bi- fhop (as required) for the Exercife of Difcipline, under the Pain of Sufpenfion for the firft. and Deprivation for the fecond Fault, from both Office and Benefice. But this Aft is re- funded at the Revolution, as in/>. ipi. A3 V. Concerning the Declaration to be figned by all Per fins in publickTrufl, BY this Ael it is ordained, That all in publick Truft, do, before their Admiffion thereto, and under Pain of being punilhed as Ufiirpers of his Majefty 's Authority, fign the De- claration therein fet down, judging it unlawful to Subjects, upon Pretence of Reformation, or otherways, to enter into Leagues and Covenants again ft the King ; that the Gather- ing, &c. anno 163$. were unlawful and feditious ; that the National Covenanr, as fworn and explained anno 1638*. and there- * The National Covenant, as (worn mmo 1580. is not erorcfly condemned here, and the Rcaion is, becante, according to K. Charles** large Deciaratiorj and Proc lam ation? againft the Covenanters, amta 163 S. it did not abjure Epi- (capacy; but as the Covenant, as jv.orn mom 1 6? 8 was in nothing different froin tb*i in the 15-80. j: is evident, that the Parliament, by condemning the ens in Qaam\ do alio comKroH the o^hcr virtuallj and in general. Abridgments. 1 1 5 thereafter, and the Solemn League, were and are in them* reives unlawful Oaths, and were taken and impofed contrary to fundamental Laws, and that there lieth no Obligation from the faid Oaths, or either of them, to endeavour any Change of the Government in Church or State, as now c- ftabliihed. But this Acl is tefcinded, p. 191. CHARLES 11. Pari. 1. Self. 3. begun June 18. 1663. Act II. Againfl Scpar&tkn and Di/obedieuce to ecc/efiajlicsl Authority. HEreby it is ordained, That fuch as Ordinarily abfent themfelves from their Parilh Kirks on the Lord's Day, incur the Pains following : Each Nobleman, Gentle- man and Heritor, the Lois of a Fourth of each Year's Rent, and each Yeoman or Tenant, the Lofs of fuch x Part of their Moveables as the Lords of Council (hall modify, not exceed- ing a Fourth, and every Burgcfs his Liberty, and the Fourth of his Moveables ; and the Council is to execute this Acl: againfl all, who, after Admonition of the Minifter before two fufficient WitncfTes, and by him fo attefted, fliali be given up to them, with Power to them to inflict farther cor- poral Pains as they iball judge neceffary, and to do every other Thing for procuring Obedience to this Acl, and for the the executing thereof. This Acl contains alfo a Ratification of the firft, third and fourth A els of the fecond Stflion of this Pailiamcnt, but is refcinded, as in p. 192. yf.7 III. jftttfitrontil A. x -tie Declaration to be fa by all Per BY this the Declaration ( abridged in the preceeding Page ") enjoined, with the Method how and when the fame is i in prcfent Truft, and furh as refufc, when cleclcd ro be Magiftratcs, Clerks, or of tli- ( Declaration, do alio far- ther amit their Libert) as Burgcflcs. But Ibis re- minded, as in p. 192. 3.1 6 Abridgments. Act V. For the Eftablijbment and Conflituthn of a Nat lend Synod. His Majefty, by Virtue of his Prerogative Royal and fupreme Authority in Matters Ecclcfiaftical, ap- points that there be a National Synod, whereby he hath the Power of propofing, by the Archbiihop of St. Andrews Prefident, and is always to be prefent by himfelf or his Gommiflioners, and no Act to be valid unlefs agreed to by the Prefident and major Part, and unlefs it be confident with his Majefty's Prerogative and the Laws, and be confirmed by his Majefty or his Coramiffioner. But this Act is refcind- ,ed, as in p. i%6. A'3 XIX. Difcharging Monday and Saturday Mercats in Royal Burghs. r TH*His is obvious from the Title, with which it agrees. CHARLES II. Pari. i. begun October ip. 1669. Aft I. A (far ting his Majefty 's Supremacy over all Per fins •, and tn\\ all Caufes Ecclefiaflical^ November 16. 1 669. THis Act aflerts his Majefty's Supremacy over all Per- I .-J fons, and in all Caufes Ecclefiaftick, and that, by Vir-jL\ tue thereof, the Ordering and Difpofal of the external Go- L. vcrnment and Policy of the Church doth belong to him andh his Succeflbrs, as an inherent Right to the Crown, and that " he may enact and emit fuch Gonftitutions, A<5rs and Orders concerning the Adminiftration of the faid Government andj Perfons employed in the fame, and concerning all Church- t Meetings, and Matters to be propofed and determined there- J in, as he mail think fit, and all Laws and Cufcoms in the* contrary are refcinded. But this Act is refcinded at the Revolution, as in p. 182, 183. M c Abridgments. lif A$ XI. C:ncerning the Forfeiture ifPirfint in the late Rebel- Ifon. December 15-. 1 66p. THis Act ratifies the Proccfs and Doom of F< rfeituri IcJ and pronounced againft Twenty one Peribns iiamed in the Act, (Seven of which were Minifies or Preachers) for the Rebellion \666- (viz. Brnl/anJ Fight) before and by the Juftices, albeit the Parties were abfent, and this made a Rule in Time coming. But ihi Forfei- ture is taken olF, Act 18. Seff. 2. Par!. 1. K. Wiiliuh anj CHARLES II. Pari. 2. Seff. 2. begun jJy 28. 1670, A3 It. Again ft fuch who (ball refufe tc depone ctgairM De/iri- t ;ts. Auguft 3.. 1670. HErcby it is declared to be the Duty of every without Exception, to declare and depone upon Oath, when called by the Privy Council, or any other having ." thority from his Majefty, their K . of any Crime a- gainft the publick Laws and Peace of . efpeci- ally of Conventicles and other unlawful Meetings, and of the Perfons prefenf, and Things done therein, or of the fettingor intercommuning with Fugitives and Re! lh%t thofe who refufe or delay be punifhed by Fi^'n-g Impri. ment, or Banifhment to the Plantations in the lndlis\ or .. where, as the Council ihail think fit. But this /L& is ic- fcinded, />. i8tf. jffl V. /fa . \ticjei, Atigufl 13. 1570. HErebv it is ordained. That no onted M milter, or n not licenfed by t! , h f fcxponc Scripture, or prat in an-} own floufcs, and to thofe of their ou n Fa mi] be prefent at iny fuch a ol ben Pre.. Caution, under tin I „o the lik R « 2f£> .Abridgments. enact hlmfclf to remove out of the Kingdom, and not to' re- turn without his Majefty's Licence ; and the Pcrfons prefent to be fined, each Heritor, Lifercnter, or Wadfetter, in a Fourth of* his valued Rent; each Tenant and Merchant, or chief Tradefman outwith Burghs- Royal, in 25 L. and each Cottar and inferior Tradefman in 12 L. and each Serving- Man in the Fourth Part of his Year's Fee ; and that, for "Wives and Children in Family tranfgrefling, the Half of the faid refpective Fines be paid ; and, if the Matter or Mi- ftrefs of the Houfe be prefent, that they fined in the Double ; and that all be imprifoned until they make Payment, and further at the Council's Pleafure •, and Magiftrates of Burghs- Royal are declared to be liable for every Conventicle with- in Burgh* as the Council mall determine; for which they ffiall have their Relief oft the Mailer of the Houfe, and o- thers prefent, at the Sight of the Lords of Council,- referving lieverthelefs to the Privy Council to fine the faid Inhabi- tants, if they pleafe, for Conventicles either within or with- out Burgh. Item, That who, unlicenfed as faid is, ihall preach, expone Scripture, or pray at a Field -Meeting, or in any Houfe where there be more nor the Houfe contains, fa as fome be without Doors, (which is declared to be a Fiekf- Conventicle) or who fhall convocate any Number to thefe Ivlcetings, that they be puniihed with Death and Efcheat of Goods, and the Apprehenders of ftich Perfons to have joo Merks Reward, and Heritors, &c\ and all others prefent, ta be' fined in the Double of the Fines above fet down, but Prejudice of any other Pnnifhment due by Law; and the Execution of the Act is committed to Sheriffs, Stewards, and Lords of Regality, giving to them the Fines of ail, except Heritors, for whofe Fines they are to be countable ; and they and Magi Urates of Burghs are declared" punifh- gbic for Negligence : And this Act to endure for three Years, unlcfs his Majefty continue it longer. And by Ac*r f 7. Seit 3-. Pari. 11. Charles II. (1672.) intitled, Aft again fc Keepers of Conventicles and IVithJvaivers from fublick lVorfl?ip % the above Act is controlled for other three Years, and long- er as his MajcRy lbalj appoint : And it is ordained, That Mag-il rates of Burghs be careful to execute the fame upon thsii own Bttrgefles ; and that they, and the other Judges a-] bovt; Abridgment's. m 219 bpvc named, be diligent, and give account of their Diligence yearly, t ihurfdqy of Ju/y, to his Ma jelly's Council, under the Pain of 500 Merks. And by Aft 4. Pari. 3. Charles II. intitled, jtSforficurrng the P the Court- try (168 1.) the forefaid Pains of Field-Conventicles ere doubled, except as to BurgeiTcs of Burghs-Royal, and of Regality and Barony, and they, belide the former Fine, are ordained to lole their Btirgefships, and be banifhed the Town , and that Landlords *nJ Mailers be liable lor their Tenants, Cottars and Servants fentenced for Fie] j-Conven* tides, or Refct of Preachers intercommuned or declared fj- gitive, either to pay their Fines, or to put them out of their Lands or Service, or prefent them to Juftice, as in the Aft; and that whoever relets any Servant, Tenant or Cottar, thus put away, lhall be liable to the Mailer in three Years Fee of the Servant ; and any other Heritor, reletting fnch Tenant or Cottar, fliall be liable in three Years Duty to the Heritor who put them away, and in 100 L. to the King. But that thefc Afts were refcinded at the Revolution, fee />. i8r, I 02. A r i VI. Againfl di/lrJerly Boftifms. Auguft 17. 1670, HEreby it is ordained, That none haptize their Children but by the Miniiter of their own Pariib, or by a H- :enlcd Miniiter, upon a Certificate from him, or, in his A fence, from a neighbouring Mini ft er, under the Pains, every heritor, Liferenter, or v r, of a fourth Part of his valued Rent ; every Pcrfon above the Degree of a Tenant, md every confiderable Merchant, 100 L. every inferior Mer- chant, or conflderabl nan, and every Tenant, 50 L. :vcry meaner Burgefs or Cottar 20 L. and every Servant a Flail-Year's Fee ; and the Execution is committed to the Sitae Judges, as in the laft Afi. And this Aft, and the Pains there Aft 11. :. extended I | for the }pac< Vfl- irilh his Hand, or, if the Kirk be vacant, under a neighbouring Miniver's Hand, thai 1 220 ^Abridgments. within the faid Space. But ihe firft of thefe Acts was re- fcinded at the Revolution, .as in p. 192. Afl VII. /l:ainf} Separation and withdrawing from the publick Meetings of divine IVorjhipf Auguft 20. 1670. HP* His Aft ordains, That all his Majefty's Subjeels of the X reformed Religion attend the Worfhip in their own Churches, and that who mall withdraw for three Lord's Pays together, without juft Excufe, be fined as in the A£t % jiyhich Aft is to be execute as the two laft : And if an Heri- tor, Life renter, or Wadsetter, fined thereafter, withdraw for n Year, the Council, upon the inferior Judge his Dilation, may oblige them to ugn a pond not to rife in Arms : and, if they refufc, they are to be fecured by Banilhment, or other- ways they amit to ihe King their fimple and liferent Efeheai*. And this A6t is appointed to continue for three Years, unlefs his Majefty continue it longer ; and that it be without Pre- judice of the Church's Cenfures. But the fame is refcinded, p. lj?2. CHARLES II. Pari. 2. SelT. g; begun June 12. 1672. Jtft IX. Againfl unlawful Ordinations. July 24. 1672. iflfS AS: prohibits any to ordain Minifters but fuch a$ T are aurhorifed thereto by Law ; and that none take Ordination "from any other, declaring all Ordinations fmee the Year 1661. or hereafter otherways made, to be nulf, znd the Perfons ordained to be no Minifters ; and that both .ctendedOrdainers and Ordained be feized by the or- dinary Magiitrates, and prefemed to the Council, who are Empowered" to punifh them by Confifcation, Banilhrricnt, or perpetual Imprifonrncnt, unlefs releafed by Warrant under ly's Hand. But this Act is refcinded, p. v$z. CHARLES ^Abridgments* ~2 1 CHARLES II. Pari. 3. begun July 28. x 68 1 . A3 I. Ratifying all former Laws for the Security of the Pr9* tejlant Religion. Auguft 13. i63i. HEreby is generally ratified all Laws made by JgmesW. Charles I. and Charles II. for fettling and lecuring the Liberty and Freedom of the true Kirk of God, and the Proteftant Religion prefently profelfcd within this Realm, arid all A.els againft Popery. ♦ A3 VI. jfnent Religion and the TEST. Auguft 31. i<58i. THis Act commands the Laws made againft Papifts and fa- natick Scparatifts, Conventicles, diiorderly Baptifms and Marriages, and irregular Ordinations, to be put to full and )io Execution ; Ministers are to give up, in OQ yearly to their Ordinaries, exacl Lifts of" all fucb in their Parilhcs ; the Biihops to give in a Double to the Judge ordi- nary, and he to account to the Privy Council in December yearly; and that all Perfons in publick Truft or Employ- ment, .Ecclefnftical, Civil or Military, (the Aft contains a long and particular Enumeration) fign the Teft fubjoined to the Ac! in Manner therein let down *, (the King's lawful Brothers and Sons only excepted) under the Pain of being declared uncapable of publick Trull, and amittirg their moveable J Avcar, That they pr fcfled the true Proteftant Rdi- conlameJ in the olJ CbnfeiGon, ratified p. 7. that they ftiould u] to, and educate their Children therein, and nvver coufent to 1 thereto, an d \ tafy to the That the king is the only fuprcme Governor jf t; over all Yn idfig Ai fcrci-n JurifJiOions : That it is unlawful for Sub- ' 1 enter into Covenants or to r en %22 j4bridgments. moveable and liferent Efchcats ; one Half to the Informer, the other to the King.; and that the Privy- Council fee this Aft put to Execution. And, by the 25 th Aft of the fame Setfion of Parliament, the Enumeration of publick Trufts, fet down in the former *4ft, is extended. Bit this Aft is refcinded, /. 186, 15)2. Jcl XVIII. Aferting his Majefty's Prerogative in Point of JurifdiSlion. September 16. 1681. THis Aft decalres, That, in refpeft his Majefly is the Fountain of all Jurifdiftion within this Kingdom, therefore, notwithstanding of the Offices conferred upon any, yet he may by himfelf, or any commiffionate by him, take Cog-, nizance and Decifion of any Gales orCaufes he pleafes. But this Aft is refcinded, />. 192. J AM E SVIL Pari. 1. Self. 1. begun April 29. 1686. A& I. For Security cf the P rot eft ant Religion. THis Aft contains a general Ratification of all Afts and Statutes ibr the Security and Liberty of the true Church of God, and the Proteitant Religion prefently pro- fcfTed. Afl II. A Declaration end Offer of Duty by the Kingdom of Scotland. THis contains a Declaration of the King's fovereign and abfolute Power and Authority, with an Offer of Lives and Fortunes to his then Majcfty, and Refolve to give him t-n tire Obedience without Reiervc ; but is refunded, as in p. 193. A% IV. Concerning IVitnefes in Procejfes.for Treajln. BY this Aft, Witpefles cited in the Cafes of Trcafon, Field or Houfe-Convcnticles, or Church Irregularities, refilling to depone, are declared liable as themfelves guilty of theft j4br\dgmer. 11 > thefe Crimes, but provided that thefe Depofiilons donotmrii* tate againft the Deponent *. Afl V. Declaring it Treafin to take %r cvw the Covenants. T His Act declares the giving or taking of the National Covenant, as explained 1638. or of the League and Co- venant, or writing in Delence. thereof, or owning of : as obligatory, declared to be the Crime of Treafon. But this Aft, as to the Crime of Trcalbn, k refcinded, as in /». 193: At IV. Obliging Husbands to he liable for their Wives Fines. HEreby the Procedure of the Privy Council, 6c in fil- ing Husbands for their Wives withdrawing from the Ordinances, are approven and declared legal, and ordained to be obferved in Time coming. But this Aft is refcinded, as in p. 192, 193. VII. A ient Porterfield c/Duchal, cy..l concealing of S^ given to Rebels. HEreby DucM 9 * Forfeiture is approved, and it is declar- , That the concealing and not revealing of Supplies given to or demanded for Traitors, forfeited for Tretlo .» - gainft the King's Perfon or Government, is Trealon, and to 'be judged accordingly j but this Aft is refcinded, as in p. Al VIII. Agar ft/I Preachers at Conventicles, ... t at Fie. T>rdains, That Preaching in fanatical Houfe, or Fid licles, and Prefcnce for hearing at Field- Conventicles, to be pnnjfhed by Death and Conization. I3ut this Aft is refcinded, as in p. 192, 193. All '/ . ( ucd bef>rc ihe Ju* cd as pr, A H 224 Jlbridgments* to Affizes, as if emitted in their Pretence, notwithftandmg cf the poth Aft of the i ith Pari, of K. Ja. VI. and Aflizers, afloilying in Cafes of fuch ConfefTion, arc to be liable to Procefles of Error. Att XI. Obliging Perfons to accept Offices. THis Aft ordains, That fuch as refufe to accept of Offices or Employments laid on them by the King or Council, be fineable by the Council. But this Act: is refunded, as in p. 'Ja XIII. For taking the Tefi* TjEreby the AcT: for taking the Ted is extended to all Pro- JLi teftant Heritors, Liferenters, Tackfmeh, Shipmafters, Bufgefles, &c. and the Refufers are to be fined at the Difcre- tion of the Council, with an Exception as to Women. But* this Aft is refcinded, p. ipj. A3 XVI. Anent Jufiices of Peace. BY this Ac"! the Juftices Powers are, inter alia, extended id Church-Irregularities and Non-Conformity ; but the fame is refcinded, as in p. 193. Ad XVII. For taking the Oath bf Allegiance. HEreby it is ordained, That all take and fwear the Oath of Allegiance, and aiTert the Prerogative whenever requir- ed by the Privy-Council, Juftice-Court, or any commiffionate by them, under fuch Pains as they fhall determine, Life and Limb excepted. But this Act is refcinded,/?. 193. Afl XXIII. Ratifying the Opinion of the Lords of Seffion anent thofe who refufe to depone anent the late treaf noble Proclama- tion. THis Aft ratifies the Opinion of the Lords of Seffion, That, if any questioned by Judges or Commiflioners, whether they own a Proclamation declaring War ngainft the King, and afteningit lawful to kill all that ftrvc him, fhall fcot jdbridgmenfs* 22$ riot difown the fame, they are guilty of High-Treafon, and Art and Part of the laid Proclamation. But this Act is re- funded, as in />. 193* AS XXIV. Ordaining that Tenants be obliged by their Tads t* live regularly. HEreby it is ordained, That Tacks, as well in Burgh as Landward, contain a Claufe whereby the Tenant fhall oblige himfelf. that he, his Family, Cottars and Servants, fhall live peaceably and regularly, free of all fanatical Dilbr- ders, under the Pain of the Tenant, Cottar or Servant, lofing the Half of their Moveables refpeClrSe, and Tacks unrun arc ordained to be renewed in this Form. But this Act is refcind* ed, as in/>. 193. Aft XXV. Ratifying two Atls of Parliament, and a Procter. 2- tion of Council anent apprehending Rebels. THis Act contains a Ratification of the Acts Ja. VI. Part. 12. Cap. 124. for apprehending, and againft the Rcfet of Rebels, with a mod ftrict Proclamation of Council thereon founded for that Effect, dated 8th July 1682. But this Act is refcinded, as in p. 193. ACl XXVI. Concerning Adjudications for Fines. n . Y this Act, Adjudications for Fines for the Crimes of Jj Refet, Intercommuning, Concealing of Treafon, Conven- ticles, irregular Baptifms, Marriages, or other Church-Difor- ders or Irregularities, are ordained to expire within Year and Day, and preferred to all the pari pcfu. But this Act is re- fcinded, as in />. 193. A3 XXVII. F;r fecuring Sea -Pa fingers. BY this Act, all Matters of Ships are prohibite from either receiving or exporting, or fuffering to depart, any Paf- fengcrs, until he bring them before the next Magiltratc, there to account for thcmiclves ; but is refcinded/. 1^3. Ft Ai B 226 Abridgments* Att XXX. Approving the Narrative of the Plot. HEreby the Difcovcry and Narrative of the Plot 1685. is approven ; but the fame is refcinded, as in p. 193. jiH XXXVI. Anent the Addrefs of the Eflates againfl the Arch-Traitor ^ehibald Campbell, fometime Earl of Argyle. IN confequcnce of an Addrefs from the Eftates, Argyle v/zs fecluded from hisMajefty's Favour, and he, his Family, and the Heritors, Ringleaders and Preachers, who joined him, de- clared ever incapable of Mercy ; but the Claufes thereof againfl: Mercy and Intercetfions annulled, Cap. 25. Sejf. 2. ibid, and both thefe refcinded, as in p. 193. AH XXXVII. For the Clergy. THis Aft ratifies the Acls, Char. II. Pari. 2. Setf. 1. Cap. $1 and Sejf. 2. Cap. 4. and Pari. 3. Cap. 15. and the aflaulting of the Lives ofBifliops, or other Minifters, or the invading or robbing their Houfes, or the actual attempting thereof, to be punifhed with Death and Confifcation ; and that the Parifhioners, where a Minifter comes to be aifaffinated or murdered, be fineable as the Council fliali fee Caufe, and the Fine to be given to the Wife and Bairns, and, fail- ' ing of them, to his neareft of Kin, and the conforming Pari- fhioners to be reimburfed by the non-conforming, or others found acceflory, all at the Sight of the Privy Council, and that the Difcoverers of fuch Violences be rewarded : Item, The Church-Government, as then conflitute, is fully ratified. But this Acl: is refcinded, as in p. 1 93. Aft XL. Of Annexation of the Offices belonging to the late Earl */ Argyle. THis Aft annexes the heritable Offices and Superiorities belonging to the Earl of Argyle to the Crown ; but re- fcinded p. 103. A Abridgments. . 227 A3 XLI1. Of Annexation of fever al Lands to the Crown* THis Aft contains an Annexation of feveral forfeited E- ftates to the Grown : But all thefe Forfeitures are re- duced, Aft 18. Sell 2. Pari. i. Will.. and Mary, and the Aft here abridged refcinded, as in />. 193. i r 1 - - - - 1 J AMES VII. Pari. 1. SeJJ\ 2. begun April 2?. 16S6. Chap. I. A3 ofDifolution oflhe Lands 0/Ceflnock and Duchal. THis Aft diflolves the Lands of Cefnock and Duchal from the Crown, in favours of the Earl of Melfri ; but is refcinded />. 193. Chap. VI. A3 for the Chriflmafs-Vacance* BY this Aft the Chriftmafs-Vacance of the Seffion 1$ ap- pointed from the 20th of December to the 10th of J- try yearly ; but is refcinded p. 193. Chap. VII. A3 of Dijpjlution of the Lands and Barony of Torwoodlie, in favours of Lieutenant -General Drummond. THis Aft is obvious from the Title ; but is refcinded p. 193. Chap. IX. A3 if Annexation of the Baronies c/Muirhall and Melfort to the Crown. THis Aft is obvious from the Title ; but is refcinded p. 193. Chap. XIII. A3 ofDiffolntion in favours of the Duke ^Gordon. THis Aft diflolvcs the Land? of Mellarflanes, and the other Eftate ©I Jervi/lry /, from the Crown, in fav. of the Duke ol ' Gordyi •, but is refcinded, as in p. 1 ( 22o jivnagmews. Chap. XXVI. Atl difolving the lands end Efl-aUs afZvfttt* toun, Craichlaw and Gaitloch from the Crown } in favours of Thcophilus Okelthrop. THis Aft is obvioui from the Title, and is refcinded p. Chap. XXVII. J3 of D'tfoliition of the Lands of Grange, in favours of Sir Thomas Kennedy Lord Provofl o/Edinburgh. THis Aft is obvious from the Title ; but is refcinded, as inf. 193. Chap. XXVIII. jadijjohhg the Lands o/Cultnefs, North- berwick tfw/Goodtrees, in favburs of t he Earl Arran. THis Aft is obvious from the Title •, but is refcinded f>* A>I C 229 ] A N ABRIDGMENT OF THE LAWS rcfpeding RE LIGIONy From the Revolution (1688.) to the incorpo* rating Union (1707.*) K. William and Q: Mary, Pari. I. begun June 5-. 1 689. «/#? I. Declaring the Meeting of the Eftates to be a Parliament* THis Act declares the Convention of Eftates, confiding of Noblemen, Barons, and Burrows, to be a lawful and free Parliament ; and that none difown or impugn the iame under Pain of Treafon. No Eftate of Bifhops here. Aft II. Recognizing their Majeflies Royal Authority. THis Act acknowledges the Authority at William and Ma* ry as King and Queen of Scotland, and declares it High- Treafon to difown and impugn the fame : And ordains, That the Allegiance, infert />. 198. be fworn and fubferibed by * Although the Ac"h of the Convention of Rftates had not all the Autho- rity of La ne of them were Yatified particularly, others of them MUCfltty, and none of them were rescinded, the Titles of fueh of them as re- :i are, I V rp\n+ :m (igainft Pf: )t. VII XI. ' if Hamilto- 'ifpeH Perfcns. XU. T appoint:^ publitk Pmyen for William and Mary as King and g XVI! £ 1 • fired to :h; I nee of the'Crc^rn. ThL atrccs ilic AO, />• u . XXX. Proclamation for a (ubliik Tbank^ j | 230 Abridgments. by all in public!* Truft ; and refcinds all proceeding Laws and Afts of Parliament, in fo far as they impofe any other Oaths of Allegiance, Supremacy, Declarations and Tcfts, except the Oath de fideli. Aft IV. Refunding the Forfeiture of the late Earl of Ar gyle. THis Aft refcinds the Forfeiture of the late Earl, and re- (lores the prefent Earl, and Pofterity of the late Earl, by Way of Jufticc. K. William and Q. Mary } Pari. 1. Self. 2. begun April 25.' 1690. AH IV. Anent Electors of Commijfwners to Parliament their tak- ing the Oath of Allegiance. THis Aft is the fame upon the Matter with the Title, with the Addition, That Electors not qualifying are to be excluded, or their Vote not to be reckoned. Aii VII. Ordaining the Commifioners of Supply, and their Col" leftors and Clerks , to take the Oath of Allegiance. *-pHis Aft agrees with, and is obvious from the Title, Art VIII. Anent the Commifioners. of Supply who do not take the Oath of Allegiance, BY this Aft the Oath muft be taken betwixt and the firft of Auguft % or otherways they muft be confidered as de- barred from the Commiflion , and the Privy Council may ap- point others, excepting fuch as have otherways qualified, or Are clfewhere employed in their Majefties Service. Art XIV. Imprwering the Privy Council to put the Oath of 'Al- legiance to- fufpert Perfons, or to fc cure then;. nrHis Aft agrees with, and is obvious from the Title. Abridgments. 231 AH XVI. Refunding the Forfeiture of Andrew Fletcher of Salton. 'npHis Aft agrees with, and is obvious from the Title. Act XVII. ForVifitationofUniverfities, Colleges and S chiefs. HEreby it is ordained, That all Profeffors, Principals, Regents, Matters, or others bearing Olfice in arvy U- niverfity, College, or School, fubferibe the Conkflion of Faith, fwear and fubferibe the Oath of Allegiance, and fub- mit to the prefent Government of the Church : As alfo be of fufficient Abilities, and of a pious, loyal and peaceable Converfation, or otherways be removed, and a Com million of Vifitation granted for this, with Power to appoint Com- mittees, and this to endure until recalled. Afl XVIII. Refunding the Forfeitures and Fines fajl ftnee the Tear 1665. THls Aft refunds the Forfeitures paft againft 393 Perfons, or thereby, named in the Aft, amongft which were 23 Minifters or Preachers, fome Nobility, and a great Number of Knights and Gentlemen. And this Aft excepted from the Aft Salvo. And by Aft 38. ibid, the Lords arc ordain- ed to give them fummary Juftice. A Si XIX. Of Difclution of Lands annexed to the Crown in tie Reign of King James VII. THis Aft is obvious from the Title, being no more than a general Diilolution. J.I XXI. Anent murdering cf Child; .--. H'V it h ordained, That if any Woman conceal her v.- 1 r : 1 Child during the whole Sp-.uc, ft) | not for and make ttfa of Help in ihe Birth, the Child b (bill iliring. the Mother Hull be repute fed, and condemned as the Murdi 2 3 2 stvriagments. Aft XXIV. Concerning vacant Stipends in the Synod of Argyll > Y this Aft the vacant Stipends and Benefices within the B Svnod of Argyle is to be applied to the training up of Youths at Schools and Colleges, and other pious Ufes with- in the Bounds. ASi XXV. Again/1 Profanenefs. THis ratifies all Afts againft Profanenefs, and parti- cularly the Aft abridged, p. 210 and ordains all Magi- ftrates, and other Officers of the Law, to put them toexaft and punctual Execution as they will be anfwerable. Aft XXXI. Refunding Forfeitures in Abfence before the Tear 1669. an d reftoring Caldwell and Kerfland, and Mr. Wil- liam Veitch. | T % His Aft is obvious from the Title. AS XXXV. Anent Minijlers that have not prayed for -the King and Queen. THE Proclamation, or 1 6th Aft of the Convention 1 689. or- daimng that all Minifters pray publickly for K. William and Q. Mary, as King and Qiieen of Scot/and, under Pain of Deprivation, is hereby ratified; and Minifters deprived for not praying, as above, are prohibite to exerce any Part of their Miniftry any where, until, in Prefence of the Council, they take and fubferibe the Oath of Allegiance, and engage to pray as above, and not to own King James ; and that the faid Aft of the Convention be put to farther Execution at the Council's Sight. Acl XXXVIII. For Security of their Majefties Government. r Y this Aft it is ordained, That all obliged to fwear the Allegiance, or to whom the fame fliall be put by the Council, as they are impowered, do alfo fubferibe the AfTu- rance, p. i$>8. K. Wil. Abridgments *\% k. Wnffim and C^Mary, Pari, i: Self 4. begun . 1693. Acl I. F:r r. rr.zr.tkly Fuji. THis Aft, after a Recital that Application wns made to them by the Ministers of the Presb)te: hurgh % and other Minifters, appoints a ninthly Fad, account of the War, and other Considerations therein n tioned, to begin the third Tuefday of May 1653. arj d f () U) continue monthly till discharged by the Privy-CounciL The Difobeyers to be fined in a Sum riot exceeding 100 L. andj if Minifters, they are to be procefled before the Privy-Coun- cil, and the Judge ordinary to report to the Council the Failure of Miniilers. jfg.XXXVTL Prorogating the Diet of the Miniflers tdi the Oaths of Allegiance an.! Affiirance. THE Time for Minifters taking the above Oatl hereby prorogate to the icth of July next, with Cer- tification as in the Act infert />. 193. 6c. AX XL. Againfi Prof attends. His ratifies all former Aas againft Profanenefs, anj impowers Presbyteries to appoint Informers and Prole- outers in their rcfpeclivc Bounds, T K. William and Q, Mary, Pari. 1 . ScfT. 5-. WgUfl May 1 . An I. For af/cr.nFajL THF, Synod of Lothian and Twetddafe \\iv\bg petitioned hib Majefty's Commiflioner for this End, a rali £' ointeu t I inori 01 the W i fame a^ in the ACt fur a monthly Fall C 234 Abridgments. AS XII. Againft irregular Baptifms and Marriages. BY this Aft all outcd Miniftcrs are prohibited to baptize or mirry under Pain of Imprifonment, till they find Cau- tion to go out of the Kingdom never to return ; but is re- minded in the Toleration -Aft. AS XIII. Againfl Profanenefs. HEreby all Judges, Magistrates, and Juftices of Peace, are enjoined to put the Laws againft Profanenefs to Execution at all Times, without the Neceffity of a Difpen- fation, and that againft Officers, Soldiers, and all Per ion s,- under the Pain, in cafe of Failzie upon Requifition, of roo £. tot its quoties, to the Poor of the Parifh, for which they arc to be purfued before the Lords of Seffion by fummary Procefs. A^ XIV. For re (training the Profanation of the Lord's Day; by keeping weekly Mere at s on Monday and Saturday. BY this former Afts of the Kind are ratified ; and it is or- dained, That no Markets be kept on thefe Days, either in Royal Burghs, or any where elfe. A St XV. For Encouragement of Preachers at vacant Churches he-north Forth. THis Aft allows ftich as are employed to preach at fuch Kirks, 20 Merks for their preaching each Lord's Day, out of the vacant Stipends of the faid Kirks, upon a Certificate from the Presbytery j but is afterwards refcinded. - Act XXII. Againft intruding into Churches without a legal Call and Admijjion thereto. HEreby it is ordained, That who intrudes into any Church, Ktenfe or Benefice, or exerces any Part of the minifterial Function, in any Parifh, without a Call and Admiffion, as in p. i8>. be removed, and .declared incapa- ble of enjoying any Church or Stipend for feven Years, by any ordinary judge or Magiftrate, upon Complaint of the fmbytery, upon whofe Sentence, proceeding on a Citation M Abridgments. 235 cf Ten Days, Letters are to be direft; and it contain Recommendation to the Council to remove all Intruder?, and to flop and hinder all Min tilers depofed, c ill be Je- pofed, to exerce any Fart of their miniiterial Funftion. jtaXUll. Anent the Poor. THis Aft ratifies and revives all Acts and Proclamations for maintaining the Poor and repreffing Bcggirs, recom- mending their Proiecution to the Council. B K. William, Pari. i. SefT. 6. begun September 3. 1696. ASl XXVI. For fettling of Schools. Y this Aft it is appointed, That there be a School and Schoolmafter in every Parifh, his Fee not under 100 Merks, nor above 200 Merks, to be paid by the Heritors and Liferentcrs in the Pariih, to have Relief for the Half off" their Tenants, and that Letters be therefore directed, wirh the fame Privileges as to Sufpenfjons for Minifters Stipends. Item, Schools and Schoqlmaflers declared to be a pious LTe, to which Patrons may employ vacant Stipends, excepting from this Act the Synod ut A>'g?le, becaufe of the Aft in their Favours, (before abridged) and thele to be applied at the Sight of the Sheriff. AS! XXVIII. Ansnt Priteflant Serves in r-pijh Families. HErcby it is ordaiiicJ, That who pervert^ any Subjeft to Popery, be punched as a trafficking Papift : 1 i Proreftaflt Servants turning P.ipiils are to be punilhed 1 poftates from the true Religion, and the Malter be ob! to put them, l Ut of his Service : And Popilh Matters ha [betn freely ta attend W >n the Lord's Da} tfl of \\\. L. Si f 3 6 ^IbriJgments* Act XXIII. For ihe heller fecuring the Poor and repr effing of Beggars. THis Aft ratifies, as in the Aft before abridged, and im- powers the Council to grant Commiflions for infpefting jhe Poor ; as alfo to make Afts, for the End forefaid, to en- dure till the next'Scffibn of Parliament. ACl XXXI. ggainjl Profanwfs. Hereby are ratified all former Afts againft Profaneneft, and all Judges required to pur them to full Execution at the Inftance of any Purfucf whatever; and Bailies are to be -^pointed for every Panih, with Power to fine inftanrly, for pious Ufcs, and imprifon, and Advocations are difchar- ged ; as alio Qufpeniions, except on Confignation or Dif- phatges : and, in cafe of calumnious Sufpenfion, a Third more to be decerned for-, and who cannot pay to be puni- (l»cd iri his Perfon. M XXXV. Agahfl Duels, HEreby it is ordained, That no Principal, or Second, or other perfon, give a Challenge to right and combat, or accept the fame, or any other engage therein, albeit no fight enfue, under the Pain of Baniibment and Efcheat. K. William, Pari. i. Sell 7. begun July 19. 165)8. y/t II. For preventing of Difordsrs in the fv.pplyhg and planting of vacant Churches. HEreby it is ordained. That none oppofe, by Rabbling, Tumult, or any Violence, any Minifler duly fent tq fupply the Vacancy of, or exerce the Minjftry in any Parifb, under the Pain of 100 L. each Heritor or Liferenter, and of 50 Merks every unlandcd Perfon, tot'ies quot'tes, or to be punifli- pd corporal!-) bv the Coqncil ; and to this Cafe is extended Aft, CharL I. Par). 1. Cap. 7. And the Heritor or Lift* •jr. in whofe pounds any of the Rabblers refides, is bound, ppon Alridgnients. 732V upon Intimation by the Minifter injured, .or of the Pres L tcry, to produce them, wherein if they failzie, cr furter thereafter the faiJ Rabbler to haunt openly in their Bounds by the Space of 20 Days, they ihall be held to be Art and Part, arwd fo puniihed by the Council. Item, When the Ke)S of Kirks are refufed to be given up to Presbyteries, the next Magiflrate or Juilice of Pea.ce, if required, is bound to make the Doors patent, and put new Locks thereon, and give the Kcvs to the Presbytery, under the Pain of 100 L. ittour the Presbytery's Expences, to be inflicted by ths Council, for the Uie of the Poor. A3 VI. A ent clandcftine and irregular Marriages. BY this Aft the Parties married declare the Celebrator and WirncjTes, and, if they refufe, mud pay, the Nobleman 2000 L. the Baron and landed Gentleman 2c Merks, each other Gentleman and Burgefs 1000 L. and each other Pcrfon iooMerks, to be applied to pious Ufe$ within the Pariili, and be imprifoned till they pay, and clare, as goovje Item, The Celebrator may be fummarily icized and imprifoned, and baniihed, or otherways punifh- ed, either pccunially or corporally, as the Privy Council fhall think fit, and the Wanefles fined in 100 L. t$ti( , or fubjefted to corporal Puniihment. Jet XXII. A ;ent the Poor. THis Aft ratifies and revives, fully nnd particularly, for- mer Aftsanent the Poor, and likeways impowers the Council, as ftbo am, Pari. I. ScfT 9. be tt 29. 17 [II* i tie Grc% \ Hare ratific ! Par. 1. Stlf ;■ C r 26. with all other J.. 23$ Abridgments. againft Popery and Papifts ; efpecially thefe agalnft Jefuits, Prkfts and trafficking Papifts, and all Sayers and Hearers of Mais, and Concealers of the fame. Item, Whoever feizes any Prieft, Jefujt, or trafficking Papift, or their Refetters, upon Certificate of the Conviction of the Perfon feized, by the Judge, fhall have 500 Merks for his Reward from the Treafury, for which the Receiver-General may be purfued before the Lords of Seffion. Item, If it be proven, that the faid Prieft, Jefuit, or trafficking Papift, was held and repute fuch, or that he changed his Name, or goes under another Name, and l"ball refufe the Formula of Purgation fub? joined to the Aft, it (ball be fufficient Ground for the Coun- cil to baniih him, never to return a Papift, under Pain of Death, to be inflifted by the Lords of Jufticiary, as in thp Aft. Item, If any Perfon be found in any Meeting, where there is either Altar, Mafs-Book, or other Inftruments of Po- pifti Superftition, and (hall refufe to purge as above, it fhall be fufficient Ground to the Council to banifh, under any (Certification they mail think fit, even to that of Death incluji- pi; and whofoever discovers and feizes the faid banifhed Prieft, &c. after his Return, fhall have the forefaid Reward of yoo Merks, as above j and this without Prejudice of for- mer Laws. Item > The Aft, Charles II. Par. 1. Cap. 1. anna 1 66 1. ratified : And any Proieftant Relation, or his Maje-. Ity's Advocate or Solicitor, may purfne for the Exhibition and Education of Children in the Keeping of Papifts : And the Lords of Council, or Lords of Seffion, are impowered to modify an Aliment out of the Children* or their Parents Means : /\nd it is recommended to Presbyteries to inform in this Matter. Item, No Papift profeft, or not purging, can receive any voluntary Deed or Difpofirion made to them of any Lands, or real Rights, or Tacks of Lands, or Tiends, but the fame are declared null, and to remain with the Granter, and no. Aftion for Warrandice or Repetition of the Price. Item % No Papift, paft the Age of fifteen Years, can fucceed either as Heir, or by other Conveyance from the Perfon to whom he may be Heir, until he purge himfelf of Popery, as above o and if, being educate in the Po.pifh Religion, he fucceed, as above, before the faid Age, then he thai! be obliged to purge before he attain the fame : And the Perfon to fuccc'cding failing Abridgments . 239 failing in cither of thefe Cafes, the Succeflion devolves to the next Proteftant Heir, who is to be ferved as iuch to the Defunft, and to have Right to the Eftate and Rents from the faid Irritancy, ay and while the Pcrfon excluded, or hi* Heir, purge himfelf as above ; in which Cafe he is to be re- potted as before the Exclufion, the interveening Rents, with the Burden of the current Annualrents of Debts, remaining with the Proteftant Succeffor ; but this Exclufion to be with- out Prejudice of Creditors before the Exclufion. I:rn, No Papift may grant any gratuitous Deed in Prejudice of his Heir, but the fame is declared ngll, favc as to the afTecTing the Granter's Perfon or Moveables. Item, The Proteftant, on whom the Succeflion devolves by the faid Exclufion, muft profecute his Right within two Years, elie it falls to the next, and fo furth. Item, The Papift and his Heir muft renounce Popery within Ten Years after the faid Irritancy, (Minority not reckoned) or is to be excluded for ever; and the Eftate, thus devolving, devolves with all its law- ful Conditions and Burdens. Item, No voluntary Right by a Papift, in favours of his apparent Heir, alfo a Papift, fhall be of Force, though prior to this Act 23d A 1700. unlefs clad with Infeftment or Pofllilion, or produced in Judgment of before. Item, All Difpofitions or Deeds in favours of Cloyfters, or other Popifh Societies, are dechv void> and to accrefce to the next Proteftant Relation to the Granter. Item, No Adjudication is to expire in the Perfon of a Papift ; but coming in the Perfon of a Proteftant, Legal being run, it empires within Year and Day t! and no Adjudication or real Diligence is competent to a Papift upon any gi T or Deed. //**, That the Formula of Purgation be taken before the Comu'il, 1 the Presbytery, and reported within Forty Days to Council. Item, A Pro* (latizing to Popery, b\ IVj- fetfion or Practice, forfeits ! 1 his ncx: Heir being Proteftant, as if he were dca.' Heir, if in Popularity, is 1 Education be fuel; 5 or, if h be Popift, he H excluded un- til lie purge, as above. /. . r, '1 htft I capable of auy Truft of t ; mad that none eftrpl ch Truft: until they po 2.^6 sfbridgments. as above, under the Pain of a Year's valued Rent, or a iooc* Merks, if the valued Rent be lefs, or the Employer no He- ritor, toties auoties ; and fuch CommiiTions, Tutories or Cu- ratories, are declared void. Item, No fufpect Papift may- teach any Science, Art or Exercife. in Families, or outwith, nor may a Proteftant have a Popith domeftick Servant; un- der the Pain of 5-00 Merks : And thefe Pains may be pur- fued by any Proteftant •, and, upon Conviction, he is to havs the fame for Reward. AS XI. Againfl Frofanenefs. THis ratifies all former Acts againft Profanenefs, and, in cafe any Perfon be excommunicate, or declared con- tumacious, on account of Immorality, the Council, on Ap- plication by the Presbytery, Synod or AiTcmbly, are to re- prefenet him as unfit for publick Truft. Queen Anne, Pari. 1. begun June 9. 1702c Aft V. Fef a National Faff. THis Act appoints a National Faft, oh account of rh€ War, fcc. upon the fecond Thurfday of July 1702. tinder the fame Pains as the former Fafts. Queen Anne, Pari. ?. begun May 6. 1703. A SI III. Ratifying the Turning of the Meeting of the Eflates in the Tear \ 68 9. into a Parliament. HErein, after ratifying the firft Act, Pari 1. of K. William and Q. Mary, the Parliament declares, ' That it fhaH be High-Treafon in any of the Subjects of this Kingdom, to quarrel or impugn, or endeavour by writing, malicious and aivifed Speaking, or by any other open Act or Deed, to al- £et or innovate the Claim of Right, or any Article thereof.'. Qucenf Abridgments,- 24 f Queen Anne, Pari. 1. Seff. 4. begun Oclober 3. 1706. jfcl YII. Ratifying and approving the Treaty of Union of tivo Kingdoms of Scotland and England. THis AcT: contains, approves and ratifies all the Aft of Union, whereof this is the fecond, namely, That thd Sncceffion to the Monarchy of the united Kingdom of Great* Britain, and of the Dominions thereunto belonging, after her mod Sacred Majeftv, and in Default of Iriue of her Ma; be, remain and continue to the molt excellent Prince*" Elcctorefs and Dutchefs Dowager of Hamvtr, and the Heirs of her Body being Proteflants, upon whom the Crown of land is fettled by an A<5t of Parliament, made in England in the twelfth Year of the Reign of his late Majefty King William the Third, intitled, An Aft for the further L of the Cr9zvn, and better fee tiring the Right's an °f the Subject ; and that all Papifts, and Perfons marrving Pa- pills, fliall'be excluded from, and for ever incapable to inhe- rit, poifefs or enjoy the imperial Crown of Great-Britain, and the Dominions thereunto belonging, or any Part thereof: And, in every fuch Cafe, the Crown and Government fhill, from Time to Time, defcend to and be enjoyed by fuch Per- foo, bei«g a Profeftant, as lhoul J have inherited and fefij cd the fame in cafe fuch Papiih, or Perfon marrying a Pa- pift, "were naturally dead, according to the Provifion for the Defcent of the Crown of England, made by another AG Parliament in Saghrwttm the firft Year of the Reign of I late Majcftie, K.' William and Q. Mary, intitled, An A • clan ■ tht 'his Ac! co Security before, inn Inch IS liibjpif) the Manner of electing the \6 Peers a: iram ncrs, ipTidcntion ( /. e. what we call an Extrafl ) u^dcr the Great Seal ,mcnt of that . intitled, A i Act for .ngland ^/./Scotland, as the r tranfmitt: Thii contains only a Re, th the Acl fet- tling Epi bfl to Sir II h 7 242 Abridgments. Jamer Stewart (whom, fince Glendook ended, I have copied after in the Abridgments) are engrofled as Points and Conditions of the Union. A N ABRIDGMENT OF THE LAWS refpeding RELIGION, From the incorporating Union (1707.) to the prefent Time, not contained in the forego- ing Collection. An ACT made annofexto Ann* Re gin* (1707.) An Aft for the better Security of her Majejlfs Perfon and* Go- vernment. BY trm the Oath of Abjuration * is appointed to be taken by all fuch Perfons in Scotland, as, by former Scott i/h A els of Parliament f, were obliged to take the Oath of Al- legiance and fign the AfTurance, and this on Pain of Depri- vation i And if, without taking the faid Oath, they fhall con- tinue to officiate, they are to incur the Penalties of an Eng- lljh Ac!, 14th Gullelmi III. intitled, An Acl for further Secu- rity * See it fubjoined to the Abridgment of this A&* f Set p. 19?* ^Abridgments. 243 rity of his Majefly's Perfon awl Government, S:c. Moreover all Jultices of Peace, and other Judge*, are impowered to conveen before them any Perfon they fuppoie to be difafiect- cd, and tender to them the fnid Oath, and certify the Names of the Refufers to the Court of Seifion the e to be ree\>rded : And if fuch Perfon mall not, within the next Term after the Refufal, appear and take the Oath, he is to be adjudged a Popifh Rccufant convict. The prefent Form of the Oath of /fbjurati I A. B. do truly and fincerely acknowledge, profefs, tc- (tify and declare in my Conscience, before God and the World, That our Sovereign Lord King George II. h law- ful and rightful King of this Realm, and all other hn> Ma- jefty's Dominions and Countries thereunto belonging : And I do folemnly and fincerely declare, That I do believe in my Conference, that the Perfon pretended to be Prince of Wales during the Life of the late King James* and, fince his Deceafe, pretending to be, and taking on himfcll I Stile and Title of King ol England, by the Name of Janes ill. and of Scotland, by the Name of James \ III. hath not any Right or Title whatfoever to the Crown of this Realm, or any other the Dominions thereto belonging : And I do renounce, refufe and abjure any Allegiance or Obedience to him ; and I do fwear, That I will bear Faith and true Allegiance to his Majefty King George II. and him will I defend; to the utmoft of my Power, againft all traiterous Coiffpirac Attempts whatfoever, which fhall be made againlt his Per- fon, Crown or Dignity-, and I will do mj ;rs to difclofe and make known to his Majefty an all Trcafons and traiterous Confpiraciei which I lhall ki to be againlt him, or any oi thena : And I do faithfully pro- roUe, to the utmod of my Power, to (lii port mail I defend the Limitation and S \t\it him the ! xn^\ alio Ions whatd is and (lands limited - , : Crown to bis . 344 Abridgments. dy, being Proteflants ; and as the fame, by another Aft, in- titled. An ASl for the further Limitation of the Crown, and bet- ter fecurlng the Rights and Liberties of the Suhjefl, is and ftands limited to the late Princefs Sophia, Eleclorefs and Putchefs Dowager of Hanover, and the Heirs of her Body, be- ing Proteftants: And all thefe Things I do plainly and fin- merely acknowledge and fwear, according to thefe exprefs "Words by me fpoken, and according to the plain and com- mon Scnfe and Underftanding of the fame Words, without any Equivocation, mental Evafion, or fecret Refervation whatfoever : And I do make this Recognition, Acknowledg- ment, Abjuration* Renunciation, and Promife, heartily, wil- lingly and truly, upon the true Faith of a Chriftian. So help me Cod. Anno feptimo Anns Reginae (1708.) An Acl to prevent laying of Wagers relating to the Publick. ■ THis Aft prohibits the laying of Wagers relating to the Publick, otherways the Parties to be fined in the Dou- ble of the Wager. An Act for improving the Union of the two Kingdoms. BY this Act, whatfoever is High-Treafon, or Mifprifioa of Treafon in England, is to be (^from July 1. 17C9.) conftrued Treafon or Mifprifion of Treafon in Scotland. — No Perfon indifkd of any capital Crime is to be fubje&ed to Treafon. Anno decimo Annse Reginae (17 11.) Jt% A'1 for pre/ervtng the Pro tenant Religion, by better fecuring the Church of England es by Law eftablifJ;»d y and for con- £rming the Toleration granted to Proteflant Diffenters by aw J:J, igtitlf&i An Act ibr exempting their Majefties Pra- te ftan'i Abridgments. 245 ftant Subjects, diffentir.g from the Church of England, from the Penalties of .certain Laws, ani for Jupplying the De- ls theretf and for the further fecuring cf the Proi{ :„ it Succejfion, by requiring the PraBifirs of the L Jith- Britain tg take the Oaths, and fubfenbe the D:. therein mentioned. IN this Aft there is, among other Things, a Claufe infer- ted, appointing all Advocates, Writers to t Kotaries-Publick, and other Members of the College of Ju- ftice, to take the publick Oaths before the Lord:*, exc< ing fuch as have already taken the lame, on Pain oi being difabled to prajlife ; and no Perfon for hereafter to be ad- mitted to fuch OiHce till he firfl take the faid Oaths. A"t A'l to prevent the diflurbing thofe of the Epifcopal Communi- on in that Part ^Great- Britain effleft Scotland; in the Exer- cife of their religious Worfhip, and in the Ufe of th$ Lit: Church ^.England, Ifoc. BY this A ft fuch as are of the Epifcopal Communion, in tland, are allowed to alterable for divine Worihip, to be performed after their own Manner, by Pallors ordained by a Proteftint Bilhop, and who are not Minilters oi any Church, and to ufe the Liturgy ; and all Magi A rates are re- quired to protect and alhft them, and thofe ot their Comrnu- n, in their Meetings for Worihip, except within Pariih, Churches ; but they aie firfl: ordained to prefent their Li of Ordination to the Ju ft ices of Peace, who are to cauf< tcr the fame upon Record. Farther, both Pres; Oini- flcrs, and fuch of the ' Communion as ihall k: public!; Worlhip, arc ordained to take the Oaths of Al ance, Affuran under the fame penal ■.rs Civil or Military, as is enjoined 6f) A '.v.r. by thl rntitlcd, f better Security of i it, provided that the Mcetii; : the Epi . be held with ( the Acl oft! Parliament 169$-. intitled, An A gain ( l in all nutcd Jain or perDctual Immilcmtnent 01 I 246 Abridgments. ment, is repealed, and no Perfon to incur any Penalty fbr refort'ing to Epifcopal Meetings for Worfliip, not being in Churches ; and Epifcopal Minifters are allowed to pray, preach, adminifter Sacraments, marry, Y this Aft the Right of Patrons in Scotland is reftored as to prefenting Minifters, fcc. and the Scottijh Aft 1690. concerning Patronages, with the 15- Aft, Pari. 1. Self. 5*. K. Will, and Q; Mary, and the 13 Aft, SciT. 6. of the faid Parlia- ment in Scotland, for encouraging Preachers in vacant Churches be-north Forth, are repealed, and the Presbytery is now o- bliged to admit fuch Perfons prefented as formerly ; and this ift cafe the Patron has not actually renounced. The Patron negleft- Abridgments. 247 neglecting to prefent within fix Months, the Presbytery, />r* ea vice, is to prefent jure devoluto\ but the Patron is firft to take the publick Oaths, otherways the Right devolves upon the Crown pro ea -dice. The like where the Patron is Popilh, or fufpefted to be fo, and refutes to fign the Form tained in the third Aft of the Scottijh Parliament 1700. An A3 for repealing Part cf an A3 paft in the Par.. Scotland, intitled, An Aft for discharging the Yule- Ya- cance. THe Sects Aft 1690. difcharging the Yule- Vacance, is by this Aft repealed, and the Chrifrmafs- Vacation of the Seflion, and all inferior Courts in Scotland, is appoint- ed to be from the 20th of December to the 10th Janutrj both inclufve, whereby the Aft of the Scotijb Parliament 1 636. is revived. Anno primo Georgii Regis (1714.) An A3 fcr making perpetual an A3 of the /event b c^ Tears of the Reign of his late Majefly King William Third, intitled, An Aft that the folemn Affirmation of the People called Quakers fhall be accepted inilcad of an Oath in the ulual Form, &c. *His Aft is obvious from the Title, with which it a- grees. Anno primo Georgii Regis (1714.) An A3 for the farther Security of his . • Gi- Vtrnmtuty and the Succeffion of the Crown in lie Hi Lie Prince fs Sophia, being ProteflaBt. an i fur extingi the H e pretended Prince of Wales, and his if fecret Abettors* BY this Aft the publick Oarhi err cS new enj in< 1 opp on all in publick Trull Civil of Military, Heads, 248 jrlbridgmcnts. Heads, Matters and Members of Colleges, Halls or Gaffe* in the Univerfities of £7. Andrews, Gla/gow, Aberdeen and £- dinburgh : and alfo all Probationers of Divinity before they enter upon Trials, and all Schoolmaiters, &c. and Juftices of Peace. &c. aTe impowered to put thefe Oaths to all they fufpeft, and the Refulers to be deprived ipfofaclo. AYmo quinto Georgii Regis (1718.) jfn Aft for making more effectual the Laws appointing the air: for Security of the Government, to be taken by Mini flers and Preachers in Churches and Meeting- Hcufes in Scotland. THis Aft enjoins a Fr>rm of Abjuration, differing from the former In little elfe than that it leaves out the Redu- plication upon the Acts mentioned in the other. Miniflcrs or Preachers in Meeting Houfes are required to pray in exprefs "Words for his Majefry and the Royal Family •, and Proba- tioners, infilling for Licence or Ordination, without fo quali- fying, fhall be liable to fix Months Imprifonment, and de- clared incapable to enjoy any Benefice, i the Judge ordinary. Anno Abridgments. 249 Anno oftavo Georgii Regis (1721.) An Aft for granting the People called Quakers fuch Form Affirmation or Declaration as may remove the Difficulties which many of them ly under. HEr^by a new Form of Declaration of Fidelity, and of another Declaration, importing the Effect of the Oath of Abjuration, is prefcribed for Quakers, much the fame with the Form of Abjuration prefcribed to Presbyterian Miniiters in Scotland, only this of the Quakers makes Mention of the Acts of Parliament recited in the Abjuration Oath, which the other omits. There is alfo a Formula prefcribed for the folemn Affirmation of Quakers, in cafe they be called tci make Oath, which is to run thus : (I A. B. do iblemnly, fin* cerely and truly declare and affirm, csc.) Anno nono Georgii Regis (1722.) An Aft to ollige all Perfons, being Papifls, in that Part of Great-Britain called Scotland, and all Pcrfini in Great-Bri- tain refufing or neqlefting to take the Oat ' the Security of his Majeflfs Per/on and Gtvernm ral Afts herein mentioned^ to regijler their Names and real Eflates. THis Aft agrees materially with the Title, with th* Addition, That, in Default of fuch Swearing or Re- giftring, the Party is to forfeit the Fie Simple oi all fuch Eftatc : And Miniiters, taking the above new Oath CIIJO to them, are excemed from ail further Swearing; and Pa- pifts are, over and above the Oaths, to take the But, by an aft the Year following, Women arc excemed from Swearing, &c. 1 \ Anne £56 .Abridgments. Anno nono Georgii II. Regis (1735.) An Aft to repeal the Statute made in the firfl Tegr of the Reign of King James I. intitled, An Aft againft Conjuration, "Witchcraft, and dealing with evil and wicked Spirits, ex- ieft fo much thereof as repeals an Aft of the fifth Year of the Rtign of Queen Elifabeth, againft Conju rations, Inchant- inents and Witchcrafts, and to repeal an Aft paffed in the Parliament of Scotland, in the ninth Parliament of Queen Mary, intitled, Anentis Witchcrafts, and for punijhing fucb Perfons as pretend to exfrcife or ufe any Kind of Witchcraft, Sorcery, Inchahtment or Conjuration. "jf) Y this the A61 1. James I. againft Conjuration, &c. ii X3 repealed,- except a Claufe repealing the Statute in the 5th of E/ifabeth. The Acl in Scotland, pno Marix, is alio' repealed : And, after June 24. 1736- no Perfon is to be pro- fecuted for Witchcrafts, Sorcery, Inchantment or Conjura- tion, or for charging others with any filch Offence. Perfons pretending to exercife Witchcraft, tell Fortunes, or, by crafty Science, to difcover ftolen Goods, are, for every fucfr Offence, to be impr foned for a Year, be pilloried once e- very Quarter of it, and bound for good Behaviour. Anno decimo Georgii II. Regis (1737.) An Aft for the more effeftual bringing to Juflice any Perfon: concerned in the barbarous Murder of Capt. John Porteous, • and pun'ifomg fuch as /hall knowingly conceal any of the faid Offenders. BY (his Acl, Fugitives hot furrendering themfelves were to fuffer Death when apprehended ; and Perfons con- cealing them, being thereof con viet, to fuffer Death. This Ad to be read every Sunday, immediately before Sermon, in all the Churches of Scotland for a Year, from the firfl: of Au- gufl 1737. other ways fuch Minifter to be, for the fir ft Of- fence, declared incapable of fitting or voting in any Ghurch- Jixcfica-turc ; and, for the fecond Offence, be declared inca- pable ^abridgments. 151 pabie of taking, holding or enjoying any Benefice in Si land. Item, Offenders turning Impcachers to be pardoned ; and Informers to be allowed 200 I. and admitted Wit- neffes. Three ACTS made anno decimo nono Ce$rgii II. Regis (i 74 j.) viz. An Aft more effe fiually to prevent profane Curfing and Swearing. THis A& ordains, That every profane Curfer or Swearer pay as follows, viz. Every common Man One Shil- ling •, every other Perfon under the Degree of a Gentleman Two Shillings i and every Perfon of or above the Degree of a Gentleman Five Shillings ; and fo much more for eve- ry Time the Offence is committed. Conftables are im- powered to feize fuch, if unknown, and bring them before the next Juftice of Peace, or Magiftrate. who is to convict them on the Officer's Oath ; and, if they are known, he is to make Information againft them, and the Juftice of Peace or Magiftrate is, upon Information, to order the Part\ appear, and to fine him as above, which muft be immediate- ly paid down, or Security given ; or, if 'he Offender be in- folvent, he muft be committed for ten Days to the Correc- tion Houfe, except common Soldiers or Sailors, who, not paying, are to be put in Stocks — Jufticcs and Magi ft rates, not doing their Duty, arc to forfeit 5 L. and Conftables f not doing theirs, are to forfeit 2 L. Ail which Penalties are to be given to the 1 lie Parilh within which the Offender lives. Offenders muft alio pay the Expencc of Suit, or be committed to the Correction Hoife for Six Dayi ex- traordinary : But this Offence muft be profecutcd within eight Days after committing thereof. 25 2 Abridgments. £n A£l more effectually to prohibite and prevent Paflors or Mi* niflers from officiating in Epifcopal Meeting- Houfes without duly qualifying them/elves according to Law, and to punijh Per* fons for refer ting to any Meeting- Houfes where fuch unquali- fied Paflors or Miniflers Jhall officiate. HEreby it is ordained, That Sheriffs do inquire into the Number of Epifcopal Meeting-Houfes in their Bounds : Of thefe Lifts are to be made and entered, and Copies thereof to be tranfmitted to Parliament. Paftors in fuch Houfes mull produce Certificates of their being quali- fied according to Law. The Clerk of the Court where they qualify mud enter the fame, tranfmit Copies of it to the Parliament, and an attefted Copy muft be affixed on the Meeting- Houfe. Minifters in thefe Houfes muft pray for his Majefty and the Royal Family by Name, as directed in the Liturgy. Paftors not producing Certificates' of their qua- lifying, their Meeting-Houfes arc to be fliut up, and the Proprietor bound to give Security that it fhall not be fo ti- led and employed before he have Accefs thereto — Paftors unqualified, officiating in Epifcopal Meeting-Houfes, fhall, for the firir. Fault, fuffer Imprifonment for fix Months, and for cny fubfequent Offence fhall be tranfported ; and, in cafit they return, fhall be imprifoned for Life. — Peifons reforting to Epifcopal Meeting-Houfes unregiftred, and not inform- ing, forfeit 5 L. Such Minifters muft have Letters of Or- ders from a Bifhop of the Church of England, or of Ireland. Profecutions on this Acl muft be commenced within twelve Months after the Offence. Peers, or others, prefent at fuch unqualified Meetings, are thereby difqualifieu from chufing or being chofen Members of Parliament.— Officers, Civil or Military, reforting to them, are to be difabled for a Year : And Ma gift raves, not doing their Duty in the PremiiTes, are to forfeit 50L toties qutfiffs ) one Half to the Infonner, and (he other to the Poor. Abridgments. 253 An A3 for the mre effectual dl farming the Highlands in Scot- land, Ct\ — and for obliging ihe l\laflers and Teachers of pri- vate Schools in Scotland, arid Chaplains, Tutors and C nors of Children or Youth, to take the Oaths to his Majejly, his Heirs or Succejfors, and to regijlcr the fame. BY this it is, inter alia, enacted, Thar, after the firft of November i 746 the Situation and Description oi fuch Schools muft be regiftred in a Book kept for tiiat Purp >fe by the Clerks of the Shires, 6c. and the Mailer- ur 1 cichers muft qualify, by taking the Oaths appointed by Law, and take out Certificates thereof. As often as Prayers are laid in thefe Schools, his Majefty, And Pcrfons iot quali- iM, for the firfl Offence, fuffer fix M , and, for any (iibfc icnt. N. D. The Jufticcs, or any other Judge competent. inflict l| . ; but the nrghs, arc to nee againlt ihil Act, - aiici I 254 Abridgments. Anno vicefimo Georgii II. Regis (174$.} An Afl for taking away and aboli firing the heritable JurifdicTtaiS in Scotland, &c. — and for obliging all Perfons acling as Procurators, Writers, or Agents in the Ldw 7 in Scotland, to take the Oaths, and for rendering the Union of the two King- doms more compleat. HEreby it is, inter alia, ordained. That Agents, &c. in the Courts of Seflion and Judiciary, SherifFor Stewart- Courts, take and fubferibe the Oaths, and regifter a Certifi- cate thereof in the Court to which they belong, betwixt and the 29th September 1747- or forfeit 20 L. one Half to the King, and the other to the Informer j and that none be al- lowed to enter upon, or praelife as fuch, till they have fp qualified, $re* Coronation-Oath for Scotland, as appointed by the A^ of Secu- rity, before infert. King of Great Britain, France and Ireland, De- 1 fender of the Faith, do faithfully prpmife and fwear, That I mall inviolably maintain and defend the true Prote- ftant Religion, with the Government, Worfhip, Difcipline, Rights and Privileges of the Church of Scotland, as eftablifhed by the Laws made there, in Profecution of the Claim of Right. Coronation-Oath for England, as appointed by an Afl of their Parliament in the 12th of King William III. and by their Act ratifying the Laws for Religion, higroffed in their Rati- fication of the Union. — King of Great Britain, France and Ireland, De? fender of the Faith, do faithfully promife and fwear, That I ihall maintain and defend inviolably the Settlement of the Church of England, and the Doctrine, Worihip, Dif- cipline and Government thereof, as by Law eftablifhed, with- in the Kingdoms of England and Ireland, the Dominion of Wales, and Town of Berwick upon Tweed, and the Terri- toxics thereto belonging. F I N I S. An alphabetical INDEX referring to the principal Contents of the foregoing Collection. ^ Bjuration-Oath 242, 245, 247, "7 Acts refcinded ;i,7°,7i> 77, 114, 182, 183, 186, 191, 192, 212. of AfTembly 19, 50, ci, 57, 6*9, 94, 99, '", 126, 143. AdmifTion of Mimlters 21, 22, 36, 70, 71, 72, 73, 212. Adultery 27. Adverferies to Religion 25", 29. Allegiance- Oath 182, 193, 198, 202, 209, 224, 230, 232, &c. Apoltates 13, 27. Argyle 226, 230. Army 15-8. A flu ranee -Oath 193, 198, 2 AiTcmbly General 18, 19, 23, ff, 54, S5, 57, 69, 94, 95, 99» ioi> i2y, 186, 200, 21 3. B Baptilms diforderfy 2 1 9, 3 4, 36, 3 7, 69, 70, 71,77, 212, 226. Blalphcmy 26, 149, 201, 211. Book of Policy or Difciplinc^, 154. ——Canons fl Common-Prayer ibid. Ordinati' C Callers of Minifter$72, 73, 1;;, 180. nd Dice 39. Catechiims 142. «;f Revolution 176, &c. Chaptci fo f 71. CI. uk k Power 50, ei, 52, rji r h *9t 70, 71, ^, I.jl. Claim TO. ■ Covena Hy 70, 80, 82> 113, 14^, *#> 148, 213* D Declarations 10 1, 2 1 4, 2i>. Delij^ucnts 217. Directory for Worfhip 1 Difcip.Hne 16, 19, 1 Difordcrs 236. Drunkards, Drunkennel> * n g2>, 38, 100, 133, 144, Doctrine 12, 1 ;, j Donations (pious) 40. Duels 236. E Engagement (Duke HemUty*i\) 114, 133, 163. Epifcopacy y 180. -:iifm 19, 182, 18/, 199. Excommunication and excommuni- cated 77, 34, 109, 1 Fanatical Dil Fafts 98, 113, 233, Fines . Forfiitu; Fornication 23, 13 c, 139, 148. H IlanovcrLn Succeffi >r, I 1 rry 8, 83, 1 .61. -^, 31, 3Pr I N fclrk-Seflions 20, $4> 6 9, B >> 26 > 18;. Kirkmen 16, 32, 39; *°> Sh *9, 7 , 73. L Leagues 29, 79, 2oS - League (folemn) 87, 88, 89, 90, 98,113, 140, M 1 , 148,208,213. M MaHgnants 92, IS*. ] 33> 134, ^8. Marriages ( clandefune ) i 4 5, 211, 234, 237* Members of Court 12. Meeting- Houfes 246. Mafs 10, 29-32, 34, 35", 7$- Miniuers 11, 13— 16 > 2 4, 26 > 28 > 30,183,203,226,232,233,248. Monuments of Idolatry 83. Murdering of Children 231. N Kon-Communicants If, 24, 33> 75", 84. . ^on-Conformity 224. Novations 66, 6j. O Oaths 80, 82, 134, 193, 198, 202, 207, 109, 221, 224, 230, 232, 233, 242, 245, 247, 2 48, Co- ordinations 220. P Parents 1*3, 211. Parliaments 49, 8l > I0 7> l2S > 162, &c Paflengers 225'. Patrons and Patronage 22, 26, 70, 73, 154* l8S > 2 M, 2a6 ' Perth Articles 38, ;2, 71. Pevibns (fcandalous) 146. pilgrimage 26. Places of Power 128, 140, H 1 , x 4^- Pope 7, 8, 21. Popery and Papifts 24, 27, 29, 30, • 34, 35", >9, <5o, 75, 92, 208, 237, 2 49- Poor 149- Pcrteous Act 2co. Priefrs (Seminary ) 29, 30, 3 5", 7 J, ,-tery, Presbyteries and Presby- ters i3, 19, SAy 69, 75, 8 3, 84, 91, 140, 141, iSj, 199, 204,205, Q Preachers 2 1 8, 234, 24S, Printing 102. D E x. Profeflion 12, 13- Profane Perfbns and Profanity 92., 100, 107, 144, I4 6 , 2 32, 23?| 234, 240. Proclamations 78, 224, 22J. Protection 72. a .Quakers 247, 249- Jv Reformation 6 1, 68, 78,79,94,13** Religion 11-14, ! 7, l8 , 2 3, 2 >, 2 7i 31,39, 6 6, 6 7, 8o > x 4°; Mi> 2 °4> 20f, 209, 22 1. Remiflions 143. RefchTory Adls 162 — 172. Rovointion- Principles 17S— -1 So. S Sabbath 2j, 32, 74, 77, 9 8 , 99i M7> 210, 216, 234- Sacraments 10, 11, I J, 16. Schifm 92. Schools 40, 103, 231, 23c. Scriptures 8, 9, 1J , 2 *- Separation If, 25, 29, 215", 220. Servants 2 3>. Subjetfs 13. Superintendent 22, 23. Superftition 26, 76, 92, 104, 112. Supremacy 21, 27, 183, 209, 213* 216, 222. Swearers and Swearing 26, 100, 13 J 144, 148, 2jo. Synods 19, 54, 69, i 8 5, 210. T Taverns 2j, 99- Teft 221, 224. Thankfgiving-Days 33, 98, 210 Toleration 12J, 203, 245, 246. U Uniformity 80, 82, 93, 127. Union 93, i° 8 > 12 7, *4*l 2 44> Univerfities 214, *3*- V Vice ico, no, 133, *44, M 6 *- Vifitors 22. Vote in Parliament 32, jo, 53, 09 r Wagers 244. Warnings 99, 12*. Witches 13^250. Y Youth 23,25, 3* it 2, 201. Yule 21, 7^7 187, -7,247. A?. fll*4*lA'Att? »-\