have been so maliciously wicked and disloyal, as to convocate his
majesty's subjects to open meetings in the fields, expressly contrary to
many public laws made thereanent, and considering that these meetings
are the rendezvouses of rebellion, and tend in a high measure to the
disturbance of the public peace, doth therefore, with advice and consent
foresaid, statute and declare, that whosoever, without license or
authority foresaid, shall preach, expound scripture, or pray, at any of
those meetings in the field, or in any house where there be more
persons than the house contains, so as some of them be without doors
(which is hereby declared to be a field conventicle) or who shall
convocate any number of people to these meetings, shall be punished with
death, and confiscation of their goods. And it is hereby offered and
assured, that if any of his majesty's good subjects shall seize and
secure the persons of any who shall either preach or pray at these
field-meetings, or convocate any persons thereto, they shall, for every
such person so seized and secured, have five hundred merks paid unto
them for their reward, out of his majesty's treasury, by the
commissioners thereof, who are hereby authorised to pay the same; and
the said seizers and their assistants are hereby indemnified for any
slaughter that shall be committed in the apprehending and securing of
them. And, as to all heritors and others aforesaid, who shall be present
at any of these field-conventicles, it is hereby declared, they are to
be fined, _toties quoties_, in the double of the respective fines
appointed for house conventicles; but prejudice of any other punishment
due to them by law as seditious persons and disturbers of the peace and
quiet of the kirk and kingdom.
And, seeing the due execution of laws is the readiest means to procure
obedience to the same; therefore, his majesty, with consent and advice
foresaid, doth empower, warrant, and command all sheriffs, stewarts of
stewartries, lords of regalities, and their deputes, to call before
them, and try all such persons who shall be informed to have kept, or
been present at, conventicles within their jurisdictions, and to inflict
upon these who shall be found guilty, the respective fines exprest in
this act; they being always countable to the commissioners of his
majesty's treasury, for the fines of all heritors within their bounds.
And his majesty, for the encouragement of the said sheriffs, stewarts,
and lords of regalities, to be careful and diligent in their duties
therein, doth allow to themselves all the fines of any persons within
their jurisdictions, under the degree of heritors; and requires the
lords of his majesty's privy council to take exact trial of their care
and diligence herein; and if the sheriffs, stewarts, and bailiffs, be
negligent in their duties, or if the magistrates within burghs shall be
negligent in their utmost diligence, to detect and delate to the council
all conventicles within their burghs, that the council inflict such
censures and punishments upon them as they shall think fit. And the
lords of his majesty's privy council are hereby required to be careful
in the trial of all field and house-conventicles kept since the first
day of October, one thousand six hundred and sixty-nine, and before the
date hereof, and that they punish the same conform to the laws and acts
of state formerly made thereanent. And lastly, his majesty, being
hopeful that his subjects will give such cheerful obedience to the laws
as there shall not be long use of this act, hath therefore, with advice
foresaid, declared that the endurance thereof shall only be for three
years, unless his majesty shall think fit that it continue longer.
THE SANQUHAR DECLARATION.[19]
It is not amongst the smallest of the Lord's mercies to this poor land
that there have been always some who have given their testimony against
every course of defection, (that many are guilty of) which is a token
for good, that He doth not as yet intend to cast us off altogether, but
that He will leave a remnant in whom He will he glorious, if they,
through His grace, keep themselves clean still, and walk in His way and
method, as it has been walked in and owned by Him in our predecessors of
truly worthy memory, in their carrying on of our noble work of
reformation in the several steps thereof, from popery, prelacy, and
likewise Erastian supremacy, so much usurped by him, who (it is true so
far as we know) is descended from the race of our kings, yet he hath so
far deborded from what he ought to have been, by his perjury and
usurpation in Church matters, and tyranny in matters civil, as is known
by the whole land, that we have just reason to account it one of the
Lord's great controversies against us, that we have not disowned him and
the men of his practices, (whether inferior magistrates or any other) as
enemies to our Lord and His crown, and the true Protestant and
Presbyterian interest in thir lands, our Lord's espoused bride and
Church. Therefore, although we be for government and governors such as
the Word of our God and our Covenant allows, yet we for ourselves and
all that will adhere to us as the representatives of the true
Presbyterian Kirk and Covenanted nation of Scotland, considering the
great hazard of lying under such a sin any longer, do by thir presents
disown Charles Stuart, that has been reigning (or rather tyrannizing as
we may say) on the throne of Britain these years bygone, as having any
right, title to, or interest in, the said Crown of Scotland for
government, as forfeited several years since, by his perjury and breach
of covenant both to God and His Kirk, and usurpation of His crown and
royal prerogatives therein, and many other breaches in matters
ecclesiastic, and by his tyranny and breach of the very _leges regnandi_
in matters civil. For which reason we declare, that several years since
he should have been denuded of being king, ruler, or magistrate, or of
having any power to act, or to be obeyed as such. As also, we, being
under the standard of our Lord Jesus Christ, Captain of Salvation, do
declare a war with such a tyrant and usurper, and all the men of his
practices, as enemies to our Lord Jesus Christ and His cause and
covenants; and against all such as have strengthened him, sided with, or
any wise acknowledged him in his tyranny, civil or ecclesiastic, yea,
against all such as shall strengthen, side with, or any wise acknowledge
any other in the like usurpation and tyranny, far more against such as
would betray or deliver up our free reformed mother-kirk unto the
bondage of antichrist, the Pope of Rome. And by this we homologate that
testimony given at Rutherglen, the 29th of May, 1679, and all the
faithful testimonies of these who have gone before, as also of these who
have suffered of late. And we do disclaim that Declaration published at
Hamilton, June, 1679, chiefly because it takes in the king's interest,
which we are several years since loosed from, because of the foresaid
reasons, and others, which may after this (if the Lord will) be
published. As also we disown, and by this resent the reception of the
Duke of York, that professed papist, as repugnant to our principles and
vows to the Most High God, and as that which is the great, though not
alone, just reproach of our Kirk and nation. We also by this protest
against his succeeding to the crown; and whatever has been done, or any
are essaying to do in this land (given to the Lord), in prejudice to our
work of reformation. And to conclude, we hope after this none will blame
us for, or offend at our rewarding these that are against us as they
have done to us as the Lord gives opportunity. This is not to exclude
any that have declined, if they be willing to give satisfaction
according to the degree of their offence.
_Given at Sanquhar, June 22nd, 1680._
PROTESTATION AGAINST THE UNION.[20]
It will, no doubt, be reputed by many very unseasonable to protest at
this time, against this Union, now so far advanced and by their law
established; but the consideration of the superabundant, palpable and
eminent sins, hazards, and destructions to religion, laws, and liberties
that are in it, and natively attend it, is such a pressing motive, that
we can do no less, for the exoneration of our consciences in shewing our
dislike of the same, before the sitting down of the British Parliament,
lest our silence should be altogether interpreted, either a direct or
indirect owning of, or succumbing to the same: and though, having
abundantly and plainly declared our principles formerly, and
particularly in our last declaration, May 21, 1703, against the then
intended Union; and waiting for more plain discovery of dissatisfaction
with, and opposition unto this abominable course, by these of better
capacitie, yet being herein so far disappointed in our expectations of
such honourable and commendable appearances, for the laudable laws, and
antient constitutions of this kingdom, both as to sacred and civil
concerns, all these appearances, whither by addresses or protestations
being so far lame and defective, as that the resolutions and purposes of
such have never been fairly and freely remonstrat to the contrivers,
promoters and establishers of this Union. The consideration of which,
and the lamentable case and condition the land already is, and may be
in, by reason of the same, hath moved us, after the example and in
imitation of the cloud of witnesses who have gone before us, to protest
against the same, as being contrar to the Word of God, and repugnant to
our former Union with England in the terms of the Solemn League and
Covenant.
And whereas it hath been the good will and pleasure of Almighty God, to
grant unto this nation a glorious and blessed reformation of the true
Christian religion, from the errors, idolatry, and superstition of
popery and prelacy, and there withall to bless us with the power and
purity of heavenly doctrine, worship, discipline, and government in the
Church of God, according to His will revealed in the Holy Scriptures;
and to let us have all this accompanyed and attended with many great and
singular blessings, in the conversion and comfort of many thousands, and
in reforming and purging the land from that gross ignorance, rudeness
and barbarity, that once prevailed among us. Wherefore our zealous and
worthy forefathers, being convinced of the benefit and excellency of
such incomparable and unvaluable mercies, thought it their duty, not
only by all means to endeavour the preservation of these, but also to
transmit to posterity a fair _depositum_ and copy in purity and
integrity, and as a fit expedient and mean to accomplish and perfect the
same, they entered into the National Covenant (no rank or degree of
persons, from the highest to the lowest excepted) wherein they bound
themselves to defend the reformation of religion in every part and point
of the same, with their lives and fortunes to the outmost of their
power, as may be seen in the National Covenant of this Church and
kingdom, which was five times solemnly sworn.
Likeas the Lord was so pleased to bless our land, and to beautify it
with His presence, that our neighbour nations of England and Ireland,
who beheld this, and were groaning under and likeways aiming at the
removal and abolishing of popery and prelacy, had sought and obtained
assistance from this nation to help them in their endeavours for that
end, and had been owned of God with success, they likeways thought it
fit to enter into a most Solemn League and Covenant with this Church and
kingdom for reformation and defence of religion, wherein, with their
hands lifted up to the most High God, they do bind and oblige themselves
to maintain, preserve and defend, whatever measure and degree of
reformation they had attained unto, and mutually to concurr, each with
another with their lives and fortunes in their several places and
callings, in opposition to all the enemies of the same, as may be seen
at large in the Solemn League and Covenant. By means of which, these
nations became (as it were) dedicated and devoted to God in a peculiar
and singular manner, above all other people in the world and that by an
indisolvable and indispensable obligation to perform, observe and
fulfill the duties sworn too, and contained therein, from which no power
on earth can absolve us. And so to prosecute and carry on the ends of
the same, and to evidence our firm adherance to it, with the outmost of
our endeavours, in opposition to every thing contradictory or contrar
unto or exclusive of these our sacred vows. We have from time to time
for these several years bypast, emitted and published several
declarations and publick testimonies against the breaches of the same,
as is evident not only from our declarations of late, but also from all
the wrestlings and contendings of the faithful in former times, all
which we here adhere to, approve of, and homologate, as they are founded
upon the Word of God and are agreeable thereto.
And in this juncture to perpetuat and transmit to posterity the
testimony of this Church, and to acquit ourselves as faithful to God,
and zealous for the concerns of religion, and every thing that's dear to
us as men and Christians. We here testify and protest against the
prompters to, promoters or establishers of, and against every thing that
hath tended to the promoting, advancing, corroborating, or by law
establishing such a wicked and ruining Union; and hereby we also declare
against the validity of the proceedings of the late Parliament with
reference to the carrying on, and establishing the said Union; and that
their acts shall not be look't upon as obligatory to us, nor ought to be
by posterity, nor any way prejudicial to the cause of God, and the
covenanted work of reformation in this Church, nor to the beeing,
liberty, and freedom of Parliaments, according to the laudable and
antient pratique of this kingdom, the which we do not only for
ourselves, but also in the name of all such as shall join or concurr
with us in this our protestation, and therefore we Protest.
In regard, That the said Union is a visible and plain subversion of the
fundamental antient constitutions, laws and liberties of this kingdom,
which we as a free people have enjoyed for the space of about two
thousand years, without ever being fully conquered, and we have had
singular and remarkable stepts of Providence preventing our utter
sinking, and preserving us from such a deludge and overthrow, which some
other nations more mighty and opulent than we, have felt, and whose
memory is much extinct: while by this incorporating Union with England
in their sinful terms, this nation is debased and enslaved, its antient
independency lost and gone, the parliamentary power dissolved which was
the very strength, bulwork and basis of all liberties and priviledges of
persons of all ranks, of all manner of courts and judicatories,
corporations and societies within this kingdom; all which, now, must be
at the disposal and discreation of the British Parliament, (to which, by
this Union, this nation must be brought to full subjection) and furder
the number of peers, who have many times ventured their lives for the
interest of their country, having reputation and success at home and
were famous and formidable abroad: and the number of barons and burrows
famous sometime, for courage and zeal for the interest of their country
(and, more especially in our reforming times) all these, reduced to such
an insignificant and small number in the Brittish Parliament, we say,
(as is also evident from the many protestations given in to the late
Parliament against this Union) how far it is contrary to the honour,
interest, foundamental laws, and constitutions of this kingdom, and a
palpable surrender of the soveraignity, rights and priviledges of the
nation; and how by this surrender of parliament and soveraignity the
people are deprived and denuded of all security, as to any thing that's
agreed to by this Union, and all that's dear to them, is daily in danger
to be encroached upon, altered or subverted by the said Brittish
Parliament, managed intirely by the English, who seldom have consulted
our well-fare, but rather have sought opportunity to injure us, and are
now put in a greater capacity with more ease to act to our prejudice:
and poor people to be made lyable to taxes, levies and unsupportable
burdens, and many other imminent hazards and impositions, all which we
here protest against.
As also that which is little considered (tho' most lamentable), how the
foundamental constitutions should be altered, subverted, and overturned,
not only, _renitente and reclamante populo_, but also by such men, who,
if the righteous and standing laws of the nation were put in execution,
are uncapable of having any vote or suffrage in any judicatory; seeing
the Covenants National and Solemn League, which had the assent and
concurrence of the three estates of Parliament, and the sanction of the
civil law, cordially and harmoniously assenting to, complying with, and
coroborrating the acts and canons of ecclesiastick courts in favour of
these covenants, whereby they became the foundation whence any had right
to reign or govern in this land, and also became the foundation,
limitation, and constitution of the government and succession to the
crown of this realm, and the qualification of all magistrats supreame,
and subordinate, and of all officers in church, state, or army, and
likewise the ground and condition of the peoples obedience and
subjection, as may be seen in the acts, laws, and practise of these
times: witness the admission of Charles II. to the government, _Anno_
1651. From all which it is evident how blind such men have been, who not
only have enslaved the nation, but have rendered themselves unfamous by
such an open and manifest violation of these solemn and sacred vows to
the most High God, to the obligation of which they as well as the rest
of the land, are indispensibly bound.
But ah! when we mention these Covenants, how notorious and palpable is
the breach of, and indignity done to these solemn vows by this sinful
Union, by means whereof they come to be buried in perpetual oblivion,
and all means for prosecuting their ends are so blockt up by this
incorporating Union with England, as that what ever is or may be done or
acted contrair thereunto, or in prejudice thereof by any of the enemies
of the same, cannot be remeided in a due and impartial exercise of
church discipline, and execution of the laws of the land against such
transgressors. And if we would open our eyes and consider a little with
reference to our national Covenant, we may clearly see that this
incorporating Union is directly contrar to that particular oath and vow
made to God by us in this kingdom, which we are obliged to fulfill and
perform in a national state and capacity, as we are a particular nation
by ourselves, distinct in the constitution of our government and laws
from these of England, and from all others: But now when we cease to be
a particular nation, we being no way distinct from that of England
(which is the very genuine and inevitable effect of this Union) how then
can we keep our national vows to God, when we shall not be a particular
nation, but only (by means of this incorporating Union) made a part of
another nation, whose government is manag'd, as is very well known, in
many things directly contrar to what is contained in this national
Covenant of this land; though we have charity to believe, there shall
multitudes be found in the land who will grant and acknowledge
themselves bound to the observation of that oath by an indispensibility,
which no power on earth can disolve.
And what a palpable breach is this wicked Union of our Solemn League and
Covenant, which was made and sworn with uplifted hands to the most High
God, for purging and reforming His house in these three nations from
error, heresie, superstition and profaneness, and whatever is contrar to
sound and pure doctrine, worship, discipline, and government in the
same: And so it involves this nation in most fearful perjury before God,
being contrar to the very first article of the Covenant wherein we swear
to contribute our outmost endeavours in our several places and callings
to reform England in doctrine, worship, discipline, and government; but
by this Union both we and they are bound up for ever from all endeavours
and attempts of this nature, and have put ourselves out of a capacity to
give any help or assistance that way; But on the contrar they came to be
hardened in their deformation, impious and superstitious courses. And
how far contrar to the second article, where we solemnly abjure prelacy
for ever, when by this Union, prelacy comes for ever to be established
and settled on the surest and strongest foundations imaginable, as is
evident from the ratification of the articles in the English Parliament,
with the exemplification of the same in the Scots Parliament, where the
prelatick government in England is made a foundamental article of the
Union: so it is also impossible for us to fulfill the other part of that
article, where we forswear schism, which a legal tolleration of errors
will infer and fix among us, as the native result and inevitable
consequence of this Union; and how far this is contrar to the Word of
God, and to our covenants, any considering person may decern. As to the
third article, any may see how far it is impossible for us to preserve
the rights, liberties, and priviledges of Parliament and kingdom, when
divested both of our Parliaments and liberties in a distinct national
way, or yet as according to the same article, where we are obliged to
maintain and defend the king, his majesty's person and government in
defence and preservation of the true religion; how can it be supposed,
that we can answer our obligation to this part of the Covenant, when a
corrupt religion is established, as is by this Union already done, when
prelatick government is made a foundamental thereof. And it is a clear
breach of the fourth article of the Solemn League and Covenant, where we
swear to oppose all malignants and hinderers of reformation and
religion, and yet by this Union, the prelats, who themselves are the
very malignants and enemies to all further reformation in religion are
hereby settled and secured in all their places of power and dignity,
without the least appearance or ground of expectation of any alteration
for ever.