this Kingdom, and of His Majesties good subjects therein, doth depend
upon the Safetie of His Majesties Person, and the maintenance of His
Royal Authority, Power, and Greatness: And that all the miseries,
confusions, and disorders which this Kingdom hath groaned under, these
twenty-three years, have issued from, and been the necessarie and
natural products of these neglects, contempts, and invasions, which, in
and from the beginning of these troubles, were upon the specious (but
false) pretexts of Reformation (the common cloak of all rebellions)
offered unto the Sacred Person and Royal Authority of the King's
Majesty, and His Royal Father of blessed memory. And notwithstanding,
that by the Sacred Right, inherent to the Imperial Crown (which His
Majesty holds immediatelie from God Almightie alone) and by the ancient
constitution and fundamental Laws of the Kingdom; the power of
convocating and keeping Assemblies of the Subjects; the power of
Calling, Holding, Proroguing and Disolving of Parliaments, and making of
Laws; the power of entering into Bonds, Covenants, Leagues and Treaties;
the power of raising Armes, keeping of Strengths and Forts are Essential
parts, and inseparable privileges of the Royal Authoritie and
Prerogative of the Kings of this Kingdom: Yet, such hath been the
madness and delusion of these times, that even Religion itself, which
holds the Right of Kings to be Sacred and Inviolable, hath been
pretended unto, for warrand of these injurious Violations and
Incroachments, so publickly done and owned, upon and against His
Majesties just Power, Authority and Government; By making and keeping of
unlawful Meetings and Convocations of the People; By entering into
Covenants, Treaties and Leagues; By seizing upon, and possessing
themselves of His Majesties Castles, Forts and Strengths of the Kingdom:
and by Holding of Pretended Parliaments, making of Laws, and raising of
Armes for the maintaining of the same; and that not only without
warrand, but contrary to His Majesties express Commands. And although
the late King's Majesty, out of His meer grace and respects to this His
native Kingdom, and the peace and quiet of His people, and for
preventing the consequences which such bad example and practice might
occasion, to the disturbance of the peace of his other Kingdoms, was
pleased in the year, one thousand six hundred and forty one, to come
into this Countrey, and by his own presence, at their pretended
Parliaments and other wayes, to comply with, and give way to, many
things neerly concerning the undoubted Interest and Prerogative of the
Crown, expecting that such unparalleled Condescentions should have made
His Subjects ashamed of their former miscariages, and the very thoughts
thereof, to be hatefull to them and their posteritie for ever. Yet, such
was the prevalencie of the spirit of Rebelion that raged in manie for
the time, that not content with that peace and happiness which, even
above their desires, was secured to them: nor of these manie Grants of
honour and profit, by which His Majestie endeavoured to endear the most
desperat of them to their duty and obedience, they then, when His
Majesty had not left unto them anie pretence or shaddow of anie new
desire to be proposed, either concerning themselves or the Kingdom, did
most unworthilie engage to subvert His Majesties Government, and the
publick peace of the Kingdom of England: For which purpose, having
joined in a League with some there, they, for the better prosecution of
the same, did assume unto themselves the Royal Power, kept and held
Parliaments at their pleasure; by the pretended Authoritie of which,
they laid new exactions upon the people (which in one month did far
exceed what ever by the Kings Authoritie had been raised in a whole
year) levied Armes, sent out Edicts, requiring obedience unto their
unlawful demands; and with all manner of violence pursued such as out of
duty to His Majesties Authoritie opposed them by fines, confinements,
imprisonment, banishment, death, and forfeiture of their property; and
with their Armie thus raised, invaded His Majesties Kingdom of England,
and joyned with such as were in Arms against His Majestie there. And
thus maintaining their usurped power, and violently executing the same
against all Law, Conscience, Honour and Humanity, have made themselves
instruments of much loss, shame and dishonour to their native Countrey,
and have justly forfeited anie favour they might have pretended to, from
His Majesties former concessions. And forasmuch as now it hath pleased
Almighty God, by the power of His own right hand, so miraculously to
restore the Kings Majestie to the Government of his Kingdoms, and to the
exercise of His Royal Power, and Soveraigntie over the same, The Estates
of Parliament do conceive themselves obliged, in discharge of their
dutie and conscience to GOD and the Kings Majestie, to imploy all their
Power and interest, for vindicating His Majesties Authoritie from all
these violent invasions that have been made upon it, and so far as
possible to remove out of the way everything that may retain anie
remembrance of these things, which have been so injurious to His
Majestie and His Authoritie, so predjudicial and dishonourable to the
Kingdom, and destructive to all just and true interests within the same.
And considering that, besides the unlawfulness of the Publick Actings
during the troubles, most of the Acts in all and every of the Meetings
of these pretended Parliaments, do highly encroach upon, and are
destructive of that Sovereign Power, Authority, Prerogative, and Right
of Government, which by the law of GOD, and the ancient Laws and
Constitutions of this Kingdom, doth reside in, and belong unto, the
Kings Majestie, and do reflect upon the honour, loyaltie, and reputation
of this Kingdom; or are expired, and serve only as testimonies of
disloyaltie and reproach upon the Kingdom, and are unfit to be any
longer upon Record. Therefore the Kings Majestie and Estates of
Parliament do hereby Rescind and Annull the pretended Parliaments, kept
in the years one thousand six hundred and fourty, one thousand six
hundred and fourty one, one thousand six hundred and fourty four, one
thousand six hundred and fourty five, one thousand six hundred and
fourty six, one thousand six hundred and fourty seven, and one thousand
six hundred and fourty eight, and all Acts and Deeds past and done in
them, and Declares the same to be henceforth void and null. And His
Majesty, being unwilling to take any advantage of the failings of His
Subjects during these unhappy times, is resolved not to retain any
remembrance thereof, but that the same shall be held in everlasting
oblivion: and that all difference and animosities be forgotten, His good
subjects may in a happy union, under His Royal Government, enjoy that
happiness and peace, which His Majestie intends, and really wisheth unto
them as unto himself, doth therefore, by advice and consent of His
Estates of Parliament, grant His full assurance and indemnity to all
persons that acted in, or by virtue of the said pretended Parliaments,
and other Meetings flowing from the same, to be unquestioned in their
Lives or Fortunes, or any Deed or Deeds done by them in their said
usurpation, or by virtue of any pretended Authority derived therefrom,
excepting alwayes such as shall be excepted in a general Act of
Indemnity, to be past by His Majestie in this Parliament. And it is
hereby declared that all Acts, Rights and Securities, past in any of the
pretended Meetings above written, or by virtue thereof, in favours of
any particular persons for their civil and private interests shall stand
good and valid unto them, untill the same be taken into further
consideration, and determined in this, or the next Session of this
Parliament."
SECOND SESSION OF FIRST PARLIAMENT OF CHARLES II.
Edinburgh, May, 1662.--_Act for preservation of His Majesties Person,
Authority and Government._
The Estates of Parliament, taking into their consideration the miseries,
confusions, bondage and oppressions, this Kingdom hath groaned under
since the year, one thousand six hundred and thirty seven years, with
the causes and occasions thereof: Do, with all humble duty and
thankfulness, acknowledge His Majesties unparrallel'd grace and
goodness, in passing by the many miscarriages of His Subjects, and
restoring the Church and State to their ancient Liberties, Freedom,
Rights and Possessions; and the great Obligations thereby lying upon
them to express all possible care and zeal in the preservation of His
Majesties person, (in whose honour and happinesse consisteth the good
and welfare of His people) and in the security and establishment of His
Royal Authority and Government, against all such wicked attempts and
practices for the time to come. And, since the rise and progress of the
late troubles did, in a great measure, proceed from some treasonable and
seditious positions infused into the people. That it was lawfull to
Subjects for Reformation, to enter into Covenants and Leagues, or to
take up Arms against the King, or those Commissionated by Him, and
such-like: And that many Wilde and rebellious courses were taken and
practised in pursuance thereof, by unlawful meetings and gatherings of
the people, by mutinous and tumultuous petitions, by insolent and
seditious Protestations against His Majesties Royal and just commands,
by entering into unlawfull Oaths and Covenants, by usurping the name and
power of Council Tables and Church Judicatories, after they were by His
Majesty discharged, by treasonable Declarations, that His Majesty was
not to be admitted to the exercise of His Royal power, untill He should
grant their unjust desires and approve their wicked practices, by
rebellions rising in Arms against His Majestie and such as had
Commission from Him; And by the great countenance, allowance and
encouragement given to these pernicious courses by the multitude of
seditious Sermons, Libels, and Discourses, preached, printed and
published in defence thereof: And considering that as the present age is
not full freed of those distempers; so posterity may be apt to relapse
therein, if timous remeed be not provided. Therefore the King's Majestie
and Estates of Parliament do Declare that these positions, That it is
lawfull to Subjects, upon pretence of Reformation, or other pretence
whatsoever, to enter into Leagues and Covenants, or to take up arms
against the King; or that it is lawfull to subjects, pretending His
Majestys Authority, to take up Arms against His person or those
Commissionated by Him, or to suspend Him from the exercise of his Royal
Government, or to put limitations upon their due obedience and
allegiance, Are Rebellious and Treasonable, And that all these
Gatherings, Convocations, Petitions, Protestations, and Erecting and
keeping of Council-tables, that were used in the beginning, and for
carrying on, of the late troubles, were unlawful and seditious: And
particularly, that these Oaths, whereof the one was commonly called The
National Covenant, (as it was sworn and explained in the year one
thousand, six hundred and thirty-eight, and thereafter) and the other
entituled, A Solemn League and Covenant, were, and are in themselves
unlawful Oaths, and were taken by, and imposed upon, the Subjects of
this Kingdom, against the fundamental laws and liberties of the same;
and that there lyeth no obligation upon any of the Subjects from the
saids Oaths, or either of them, to endeavour any change or alteration of
Government either in Church or State; And therefore Annuls all Acts and
Constitutions, Ecclesiastical or Civil, approving the said pretended
National Covenant or League and Covenant, or making any interpretations
of the same or either of them. And also, it is hereby Declared by His
Majesty and Estates of Parliament, That the pretended assemblie kept at
Glasgow in the year one thousand six hundred and thirty eight, was in
itself (after the same was by His Majestie discharged, under the pain of
Treason) an unlawfull and seditious Meeting; and that all Acts, Deeds,
Sentences, Orders, or Decreets past therein, or by vertue of any
pretended Authority from the same, were in themselves from the
beginning, are now, and in all time coming, to be reputed unlawful, void
and null; And that all Ratifications or Confirmations of the same, past
by whatsoever Authority or in whatsoever Meetings, shall from henceforth
be void and null. Likeas, His Majesty and Estates of Parliament,
reflecting on the sad consequences of these rebellious courses, and
being carefull to prevent the like for the future, have therefore
Statute and Ordained, and by these presents Statutes and Ordains, that,
if any person or persons shall hereafter Plot, contrive or intend
destruction to the King's Majesty, or any bodily harm tending to death
or destruction, or any restraint upon his Royal Person, or to deprive,
depose, or suspend Him from the stile, Honour and Kingly Name of the
Imperial Crown of this Realm, or any others His Majesties Dominions, or
to suspend him from the exercise of His Royal Government, or to levy War
or take up Arms against His Majesty or any commissionated by Him, or
shall entice any strangers or others to invade any of His Majesties
Dominions; and shall by writing, printing, preaching or other malicious
and advised speaking, express or declare such their Treasonable
intentions, every such person or persons, being upon sufficient
probation legally convicted thereof, shall be deemed, declared and
adjudged Traitors, and shall suffer forfeiture of life, honour, lands,
and goods as in cases of high Treason. And further, it is by His Majesty
and Estates of Parliament Declared, Statute and Enacted, That if any
person or persons shall, by Writing, Printing, Praying, Preaching,
Libelling, Remonstrating, or by any malicious and advised speaking,
express, publish, or declare any words or sentences to stir up the
people to the hatred or dislike of His Majesties Royal Prerogative and
Supremacy in causes Ecclesiastick, or of the Government of the Church by
Archbishops and Bishops as it is now settled by Law, or to Justifie any
of the deeds, actings, practices or things above-mentioned and declared
against by this present Act: that every such person or persons so
offending, and being, as said is, Legally convicted thereof, are hereby
declared incapable to enjoy or exerce any place or imployment, Civil,
Ecclesiastical, or Military, within this Church and Kingdom, and shall
be lyable to such further pains as are due by the Law in such cases;
Provided alwayes, that no person be processed for any of the offences
aforesaid, contained in this Act, (other than these that are declared to
be high Treason) unless it be by order from His Majesty, or by order of
His Privy Council for the time; neither shall they incur any of the
penalties above-mentioned, unless they be pursued within eight Months
after the offence committed, and sentenced thereupon within four Months
after the intenting of the Process. And it is also Declared, that if His
Majesty grant His pardon to any person convicted for any of the offences
contained in this present Act; after such pardon, the party pardoned
shall be restored to all intents and purposes, as if he had never been
pursued nor convicted any thing in this Act to the contrary,
notwithstanding.
THE TORWOOD EXCOMMUNICATION.[17]
After public worship, Mr. Cargill proceeded thus:--We have now spoken of
excommunication, of the nature, subject, causes, and ends thereof. We
shall now proceed to the action itself, being constrained by the
conscience of our duty, and by zeal for God, to excommunicate some of
those who have been the committers of such great crimes, and authors of
the great mischiefs of Britain and Ireland, but especially those of
Scotland. In doing this, we shall keep the names by which they are
ordinarily called, that they may be better known.
I, being a minister of Jesus Christ, and having authority and power from
Him, do, in His name and by His Spirit, excommunicate and cast out of
the true Church, and deliver up to Satan, Charles II., king, etc., and
that upon the account of these wickednesses:--
1st, For his high contempt of God, in regard that after he had
acknowledged his own sins, his father's sins, his mother's idolatry, and
had solemnly engaged against them in a declaration at Dunfermline, the
16th of August, 1650, he hath, notwithstanding all this, gone on more
avowedly in these sins than all that went before him.
2ndly, For his great perjury in regard that, after he had twice at least
solemnly subscribed that covenant, he did so presumptuously renounce,
and disown, and command it to be burnt by the hands of the hangman.
3rdly, Because he hath rescinded all the laws for establishing that
religion and reformation engaged unto in that covenant, and enacted laws
for establishing its contrary; and also is still working for the
introduction of Popery into these lands. And
4thly, For commanding armies to destroy the Lord's people, who were
standing in their own just defence, and for their privileges and rights,
against tyranny, and oppression and injuries of men, and for the blood
he hath shed on fields, and scaffolds, and seas, of the people of God,
upon account of religion and righteousness (they being willing in all
other things to render him obedience, if he had reigned and ruled
according to his covenant and oath), more than all the kings that have
been before him in Scotland.
5thly, That he hath been still an enemy to, and persecutor of, the true
Protestants; a favourer and helper of the Papists, both at home and
abroad; and hath, to the utmost of his power, hindered the due execution
of the laws against them.
6thly, For his bringing guilt upon the kingdom, by his frequent grants
of remissions and pardons to murderers (though it is in the power of no
king to pardon murder, being expressly contrary to the law of God), an
indulgence which is the only way to embolden men to commit murders, to
the defiling of the land with blood. And
Lastly, To pass by all other things, his great and dreadful uncleanness
of adultery and incest, his drunkenness, his dissembling both with God
and men, and performing his promises, where his engagements were sinful.
Next,
By the same authority, and in the same name, I excommunicate and cast
out of the true Church, and deliver up unto Satan, James, Duke of York,
and that for his idolatry (for I shall not speak of any other sin but
what hath been perpetrated by him in Scotland), and for setting up
idolatry in Scotland to defile the Lord's land, and for his enticing and
encouraging to do so. Next,
In the same name, and by the same authority, I excommunicate and cast
out of the true Church, and deliver up unto Satan, James, Duke of
Monmouth, for coming unto Scotland at his father's unjust command, and
leading armies against the Lord's people, who were constrained to rise,
being killed in and for the worshipping of the true God, and for
refusing, that morning, a cessation of arms at Bothwell Bridge, for
hearing and redressing their injuries, wrongs and oppressions. Next,
I do, by virtue of the same authority, and in the same name,
excommunicate and cast out of the true Church, and deliver up unto
Satan, John, Duke of Lauderdale, for his dreadful blasphemy, especially
for that word to the Prelate of St. Andrews, "Sit thou at my right hand,
until I make thine enemies thy footstool;" his atheistical drolling on
the Scriptures of God, and scoffing at religion and religious persons;
his apostasy from the covenants and reformation, and his persecuting
thereof, after he had been a professor, pleader, and presser thereof;
for his perjury in the business of Mr. James Mitchell, who being in
Council gave public faith that he should be indemnified, and that, to
life and limb, if he would confess his attempt on the Prelate; and
notwithstanding this, before the Justiciary Court, did give his oath
that there was no such act in Council; for his adultery and uncleanness;
for his counselling and assisting the king in all his tyrannies,
overturning and plotting against the true religion; for his gaming on
the Lord's day, and lastly for his usual and ordinary swearing. Next,
I do, by virtue of the same authority, and in the same name,
excommunicate, cast out of the true Church, and deliver up to Satan,
John, Duke of Rothes, for his perjury in the matter of Mr. James
Mitchell; for his adulteries and uncleanness; for his allotting of the
Lord's day to his drunkenness; for his professing and avowing his
readiness and willingness to set up Popery in this land at the king's
command: and for the heathenish, and barbarous and unheard of cruelty
(whereof he was the chief author, contriver, and commander,
notwithstanding his having engaged otherwise), to that worthy
gentleman, David Hackstoun of Rathillet, and lastly, for his ordinary
cursing, swearing, and drunkenness. And,
I do, by virtue of the same authority, and in the same name,
excommunicate, and cast out of the true Church and deliver up to Satan,
Sir George M'Kenzie, the King's Advocate, for his apostasy in turning
into a profligacy of conversation, after he had begun a profession of
holiness; for his constant pleading against, and persecuting unto the
death, the people of God, and for alleging and laying to their charge
things which in his conscience he knew to be against the word of God,
truth and right reason, and the ancient laws of this kingdom; for his
pleading for sorcerers, murderers, and other criminals, that before God
and by the laws of the land ought to die, and for his ungodly,
erroneous, fantastic, and blasphemous tenets printed in his pamphlets
and pasquils. And,
Lastly, I do by virtue of the same authority, and in the same name,
excommunicate, and cast out of the true Church, and deliver up to Satan,
Dalziell of Binns, for his leading armies, and commanding the killing,
robbing, pillaging and oppressing of the Lord's people, and free
subjects of this kingdom; for executing lawless tyrannies and lustful
laws; for his commanding to shoot one Findlay at a post at Newmills,
without any form of law, civil or military (he not being guilty of
anything which they themselves accounted a crime); for his lewd and
impious life, led in adultery and uncleanness from his youth, with a
contempt for marriage, which is an ordinance of God; for all his
atheistical and irreligious conversation, and lastly, for his unjust
usurping and retaining of the estate of that worthy gentleman, William
Mure of Caldwell, and his other injurious deeds in the exercise of his
power.
Now I think, none that acknowledge the word of God, can judge these
sentences to be unjust; yet some, it may be, to flatter the powers,
will call them disorderly and informal, there not being warning given,
nor probation led. But for answer: there has been warning given, if not
with regard to all these, at least with regard to a great part of them.
And, for probation, there needs none, their deeds being notour and
public, and the most of them such as themselves do avow and boast of.
And as the causes are just, so, being done by a minister of the Gospel,
and in such a way as the present persecution would admit of, the
sentence is just, and there is no king, nor minister on earth, without
repentance of the persons, can lawfully reverse these sentences upon any
such account. God being the Author of these ordinances to the ratifying
of them, all that acknowledge the Scriptures of truth, ought to
acknowledge them. Yet perchance, some will think that though they be not
unjust, yet that they are foolishly rigorous. We shall answer nothing to
this, but that word which we speak with much more reason than they that
first used it, "Should he deal with our sister, as with an harlot?"
Should they deal with our God as an idol? Should they deal with His
people as murderers and malefactors, and we not draw out His sword
against them?
ACT AGAINST CONVENTICLES.[18]
Forasmuch as the assembling and convocating of his majesty's subjects,
without his majesty's warrant and authority, is a most dangerous and
unlawful practice, prohibit and discharged by several laws and acts of
parliament, under high and great pains: and that notwithstanding
thereof, diverse disaffected and seditious persons, under the specious
but false pretences of religion and religious exercises, presume to
make, and be present at conventicles and unwarrantable meetings and
conventions of the subjects, which are the ordinary seminaries of
separation and rebellion, tending to the prejudice of the public worship
of God in the churches, to the scandal of the reformed religion, to the
reproach of his majesty's authority and government, and to the
alienating of the hearts and affections of the subjects from that duty
and obedience they owe to his majesty, and the public laws of kingdom.
For the suppressing and preventing of which for the time to come, his
majesty, with advice and consent of his estates of parliament, hath
thought fit to statute and enact, likeas they do hereby statute and
command, that no outed ministers who are not licensed by the council,
and no other persons not authorized, or tolerate by the bishop of the
diocese, presume to preach, expound scripture, or pray in any meeting,
except in their own houses, and to those of their own family; and that
none be present at any meeting, without the family to which they belong,
where any not licensed, authorized, nor tolerate as said is, shall
preach, expound scripture, or pray: declaring hereby, all such who shall
do in the contrary, to be guilty of keeping of conventicles; and that
he, or they, who shall so preach, expound, or pray, within any house,
shall be seized upon and imprisoned, till they find caution, under the
pain of five thousand merks, not to do the like thereafter, or else
enact themselves to remove out of the kingdom, and never return without
his majesty's license; and that every person who shall be found to have
been present at any such meetings, shall be _toties quoties_, fined
according to their qualities, in the respective sums following, and
imprisoned until they pay their fines, and further, during the council's
pleasure, viz., each man or woman, having land in heritage, life-rent,
or proper wadset, to be lined in a fourth part of his or her valued
yearly rent; each tenant labouring land, in twenty-five pounds Scots;
each cottar, in twelve pounds Scots, and each serving man, in a fourth
part of his yearly fee: and where merchants or tradesmen do not belong
to, or reside within burghs royal, that each merchant or chief tradesman
be fined as a tenant, and each inferior tradesman as a cottar: and if
any of the persons above-mentioned shall have their wives, or any of
their children living in family with them, present at any such meeting,
they are therefore to be fined in the half of the respective fines
aforesaid, consideration being had to their several qualities and
conditions. And if the master or mistress of any family, where any such
meetings shall be kept, be present within the house for the time, they
are to be fined in the double of what is to be paid by them, for being
present at a house conventicle. And it is hereby declared, that
magistrates of burghs royal are liable, for every conventicle to be kept
within their burghs, to such fines as his majesty's council shall think
fit to impose; and that the master or mistress of the house where the
conventicle shall happen to be kept, and the persons present thereat,
are to relieve the magistrates, as the council shall think fit to order
the same; it being notwithstanding free to the council to fine the
inhabitants of burghs for being present at conventicles within or
without burghs, or where their wives or children shall be present at the
same.