Sexto Junii 1640

Decima dies parliamenti

Legislation
Act 12
Act statuarie appoynting parliaments to be holden once everie three yeir

The estates of parliament, presentlie conveind by his majesties authoritie, considering that by reasone of his majesties ordinarie residence furth of this his ancient and native kingdome, the grivances and complaintes of his good subjectis cannot have so frie and easie acces to his eares as the same may be convenientlie represented to his majesties commissioneris and estatis of parliament from tyme to tyme, and how necessary it is that parliamentis be keeped frequentlie within this kingdome for preservatione of the puritie of Godis true religione, now by Godis providence established within the same, and for the equall and impartiall administratione of justice to all his majesties subjectis and menteyning of peace and concord amongest them by applying of the trewe and laufull remedies to thair grivances and complaintis, and tymeous suppressione of all abuses and corruptionis which otherwayes from small beginingis will growe to great disorders (which frequent parliamentis ware continuallie observed in this kingdome befor his majesties father of happie memorie went into England), have statute and ordeant that everie thrie yeir once at least a full and frie parliament shall be holdine (and oftner as his majestie shall be pleased to call them) within the boundis of this kingdome in the most commodious place and convenient tyme to be thought upon, appoynted and affixed by his majestie and his commissioner for the tyme and the estatis of parliament befor the ending and closing of everie parliament, and to be the last act thairof. And the whole estates wisheth yet, as it was thair happines to have his majesties presence at all parliamentes whill the king had his residence in this kingdome, so that his majestie would be pleased to be present at eache parliament, and they humbly supplicat his majestie for that effect.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Act 13
Act anent production of the registeris and recordis of parliament to the first session of each parliament

The estatis of parliament, now presentlie conveind by his majesties speciall authoritie, considering that for the bettir cleiring and resolveing of all doubtis and difficulties which may aryse in parliamentis anent such materis as shall be brought in befor them, it is verie necessar that they have inspectione of the bookis, registeris and recordis of parliamentis as they shall have occasione to make use thairof, have statute and ordeanit that in all tymes comeing the clerke of register and his deputis, and such otheris who for the tyme shall happine to have the chairge, keeping or power of any of the saidis registeris or recordis, shall be haldine to exhibite and produce the same as they shall be requyred by the estates in tyme of parliament, that they may have the use and inspectione thairof wpon all occasiones as they shall thinke expedient for cleareing of whatsomever difficulties; and sickelyke that the clerke of register, or some haveing power from him and intrusted with the keeping of the registeris, shall be present at all tymes and shall be reddie to give extractis to the leiges in thair particular affaires wpon thair reasoneable chairges and expenses, and both thaise wnder the paine of diprivatione of the pairty contraveining any of the saidis memberis of the actis or to be otherwayes more myldlie or seveerlie punishied as the parliament shall find the fault to demerit.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Procedure: explanation and declaration concerning bonds and conventions
Act 14
Explaining the preceiding acts of parliament made against bandis and conventiones amongest the subjectis, as also declairing the bandis and conventiones mad and keiped since the begining of the present troubles to be laufull

Forsomuch as the estates of parliament, presentlie conveind by his majesties speciall authoritie, considering that by the tuelffe act of the tenth parliament of the kingis majesties umquhile dearest father of eternall memorie, all leagues and bandis amongst the subjectis are dischairged, and by the 131 act of the eight parliament of the kingis umquhile dearest father all counsellis, conventiones or assemblies without the kingis command and licence are also dischairged wnder the paines ordeaned by the actes of parliament against suche as wnlaufullie convocatis the kingis leiges, and that also by sindrie other preceiding statutes and actis of parliament mad by his majesties most noble progenitouris the foirsaidis leagues, bandis, counsallis, conventiones and meitingis are lykewayes dischairged. And heirwith also the said estates, takeing to thair consideratione what was the true end and meaneing for making of the foirsaid actis, and how far the same in equitie and reasone can be extendit, findis and declairis that the foirsaidis actis and lawes particularlie and generallie befor exprest is not, nor cannot be, extendit against any bandis, leagues, counsellis, conventiones, assemblies, committies or meittingis mad, haldine and keiped by the subjectis for mentinance and preservatione of the kingis majestie, the religioune, lawes and liberties of the kingdome, or for the publicke good, either of kirke or state, but the saidis estates findis and declaires that all these bandis, conventiones, committies and other meitingis mad and keeped by the estatis and subjectis of this kingdome for the publicke good of king, kirke and state and intendit for the defence and preservatione thairof from the begining of these present troubles are not prohibited and dischairged by the forsaidis lawes and actes of parliament particularlie and generallie befoir rehearsed, nor none of theme, and can no wayes be wnderstood nor interpret to fall within the compass of the dischairge and prohibitione of the foirsaidis actis and doeth nowayes contraveine the same nor none of them. And thairfoir the saidis estatis ratifies, approves and allowes all the saidis bandis, convensions, committies and other meitingis which are and have beene mad and keeped within this kingdome for the defence and preservatione of the kingis majestie, the religion, liberties and lawes of this kirke and kingdome since the begining of the present troubles thairof, and declaires the same to be laufull and legall deedis, and that they doe nowayes contraveene the foirsaidis actis of parliament respective abovementioned nor none of theme nor no other law nor constitutione of this kingdome.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Legislation
Act 15
Act dischairgeing the goeing of salt panes and mylnes upon the Sabboth day

Forsameikle as the estatis of parliament, presentlie conveened by his majesties speciall authoritie, considering that Godis publict worshipe wpon the Sabboth day is hindred and the Sabboth day prophaned by the goeing of mylnes and saltpanes upon the Sonday, for remeed heirof the estatis of parliament, presentlie conveened by his majesties speciall authoritie, dischairges and prohibites all salt panes and mylnes within this kingdome from all goeing, grinding, makeing of salt or any wayes working upon the Sonday in any tyme heirefter, and ordeanes the salteris, milleris and other servantis in the saidis mylnes and salt panes to attend Godis publicke worshipe heirefter everie Sabboth day, wnder the paines and censuris contenit in the actis of the assembly or wther kirke actis set doune heiranent, to the which actis the saidis estatis of parliament interpones the civill sanctione and authority of parliament for the bettir executione thairof.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Act 16
Act appoynting all grievances to be given in in plaine parliamente

The estates of parliament, presentlie conveind by his majesties speciall authoritie, considering that the act of parliament mad in anno 1594 in the 14 parliament of King James the 6, cap. 218, wherby all materis and griveances to be givine in to the parliament are appoynted to be givine in to his majesties clerke of register and by him presented to the estates, heath bred great hurt and prejudices to the libertie of this kirke and kingdome and subjectis thairof in tyme bygone, as is evident by experience of the evillis that heath flowed thairfrom, thairfoir the saidis estaitis, for remeed heirof, retreatis, reshindis, casses and annullis the forsaid act of parliament and declaires the same to be null and of none availl, force nor effect in all tymecomeing, and ordeanes and appoyntis all grivances and other materis that are to be handled and treated of heireftir in parliament to be givine in and presented in open and plaine parliament in all tymecomeing.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Act 17
Annulling all unlaufull and unjust proclamationes mad under the paine of treason against the disobeyeris

Forsomuche as the estatis of parliament, presentlie conveind by his majesties speciall authoritie, haveing takine to thair consideratione that there heath beene diverse unjust and wnlaufull proclamationes mad commanding the obedience of thingis wnjust and wnlaufall (tending to the overthrow and prejudice of the lawes and liberties of kirke and kingdom) wnder the paine of treasone, as also declaireing the disobeyeris of these wnlaufull and wnjust proclamationes to be rebellis and tratoris, which is against law, equitie and reasone, no tryell nor declaratour of treasone haveing proceided against them of befor, findis and declaires all these proclamationes, with the pretendit actis and warrandis for making and procleameing thairof, to be null and of none availl, force nor effect with all that heath fallowed or may fallow tharupon. And thairfor the saidis estatis of parliament casses and annullis the foirsaids pretendit proclamationes, with all the saidis actis and warrandis wherwpoun the same proceided, and findis and declaires that no persone nor persones can be declaired tratouris but ather by the parliament it selfe and by act and sentance thairof or than by the laufull ordinar judge eftir tryell and finding that the saidis persones heath coutraveend a law and acte of parliament mad wnder the paine of treasone against the disobeyeris and contraveeneris thairof.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Act 18
Act anent the ratification of the covenant and of the assemblies supplication, act of counsell and act of assemblie conserning the covenant

The estates of parliament, presentlie conveind by his majesties speciall authoritie, considering the supplicatione of the generall assembly at Edinburghe, the 12 of August 1639, to his majesties heighe commissioner and the lordis of his majesties honorable privie counsell, and the act of the counsell, the threttie of August 1639, conteineing the ansuer of the said supplicatione, and the act of the said generall assemblie ordeaneing by thair ecclesiasticall constitutione the subscriptione of the Confessione of Faith and covenant mentionat in thair supplicatione, and withall haveing supplicated his majestie to ratifie and enjoyne the samene by his royall authoritie wnder all civill paines as tending to the glorie of God, preservatione of religion, the kingis majesties honnour and the perfyte peace of this kirke and kingdome, doe ratifie and approve the said supplicatione, act of counsell and act of assembly, and conforme thairto ordeanes and commandis the said confessione and covenant to be subscryveit by all his majesties subjectis of what ranke and quality soevir wnder all civill paines; and ordeanes the said supplicatione, act of counsell and act of assembly, with the whole confessione and covenant it selfe, to be insert and registrat in the actis and bookis of parliament, and also ordeanes the samene to be presented at the entrie of everie parliament and befor they proceed to ony wther act that the same be publicklie red and suorne by the whole memberis of parliament clameing voyce thairin, otherwayes the refuisseris to subscrybe and sueir the same shall have no place nor voyce in parliament. And suchlyke ordeanes all judges, magistratis and other officeris of whatsoevir place, ranks or quality and ministeris at thair entrie to sweir and subscrybe the samene covenant, whairof and of the said supplicatione, act of counsell and act of assemblie the tennour falloueth etc.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Procedure: supplication of the general assembly
The supplication of the generall assemblie conveened at Edinburghe, the 12 of August 1639, to his majesties high comissioner and the lordis of his majesties honourable privie counsell

Wee, the generall assemblie, considering with all humble and thankfull acknowledgment the many recent favoris bestowed upon ws by his majestie and that thair resteth nothing for croning of his majesties incomparable goodnes towardis ws but that all the memberis of this kirke and kingdome be joyned in one and the same confessione and covenant with God, with the kingis majestie and among our selffis, and conceaveing the maine let and impediment to this so good a worke and so much wished by all to have beene the informations mad to his majestie of our intentiones to shake off all civill and duetifull obedience due to soveragnitie and to diminishe the kingis greatnes and authority, and being most willing and desyreous to remove this and all such impediments which may hinder and imped so full and perfyt ane unioun, and for cleering of our loyalty, wee, in our owne names and in name of all the rest of the subjectis and congregationes whome wee represent, doe now in all humility represent to your grace, his majesties commissioner, and the lordis of his majesties most honorable privie counsell, and declaires befor God and the world that we never had nor have any thought of withdraweing our selves from that humble and dewtifull obedience to his majestie and to his governement, which by the dishent and wnder the rigne of 107 kingis is most cheerfullie acknouledged by ws and our predicessouris, and that we never had nor have any intentione nor desyre to attempt any thing that may tend to the dishonnour of God or the diminishing of the king's greatnes and authoritie, but, one the contrarie, acknowledgeing our quietnes, stabilitie and happines to depend upoun the saiftie of the kingis majesties persone and mentinance of his greatnes and royall authoritie, who is Godis vicegerent set over ws for the mentinance of religione and ministration of justice, wee have solemnlie suorne and doe sueir not only our mutuall concurrance and assistance for the cause of religion, and to the uttermost of our pouer with our meanes and lyves to stand to the defence of our dread soverane, his persone and authoritie in the preservatione and defence of the true religioun, liberties and lawes of this kirke and kingdome, but also in every cause which may concerne his majesties honour shall, according to the lawes of this kingdome and the dueties of good subjectis, concure with our freindis and falloweris in quyet maner or in armes, as we shall be requyred by his majestie, his counsell or any haveing his authoritie. And thairfor, being most desyreous to cleer our selves of all imputatione of this kind and falloueing the laudable example of our predicessouris 1589 yeires, doe most humbly supplicat your grace, his majesties commissioner, and the lordis of his majesties most honorable privie counsell to enjoyne by act of counsell that this confessione and covenant, which, as a testimony of our fidelity to God and loalty to our king, we have subscrybit, be subscryved by all his majesties subjectis of what ranke and quality soevir.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Procedure: answer to the supplication and act of privy council
The act of his majesties most honourable privie counsell, at Edinburghe, August 30 anno 1639, conteening the ansuere of the supplicatione above writtin

The which day, in presence of the lord commissioner and lordis of privie counsell, compeired personally Johne, erle of Rothes, James, erle of Montrose, Johne, lord Loudoun, Sir George Stirveling of Keir, knycht, Sir Williame Douglas of Caverse, knycht, Sir Hendrie Wood of Bonytoun, knycht, Johne Smyth, burgess of Edinburghe, Maister Robert Barclay, proveist of Irving, Maister Alexander Hendersone, minister at Edinburghe, and Maister Archbald Johnestone, clerke to the generall assembly, and in the name of the present siting generall assembly gave in to the lord commissioner and lordis of privie counsell the petitione abovewrittin, which being red, hard and considerit be the saidis lordis, they have ordenit and ordeanes the same to be insert and registrat in the bookis of privie counsell, and according to the desyre thairof ordeanes the said confessione and covenant to be subscrybit in tymecomeing by all his majesties subjectis of this kingdome of what rank and quality soever.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Declaration: renewal of the Confession of Faith
The act of the generall assemblie ordeaning by ecclesiasticall authoritie the subscription of the faith and covenant

The generall assembly, considering the great happines which may flowe from a full and perfyt unione of this kirke and kingdome by joyneing of all in one and the same covenant with God, with the kingis majestie and amongst our selfis, haveing by our great oath declaired the uprightnes and loyalltie of our intentiones in all our proceedingis and haveing withall supplicated his majesties highe commissioner and the lordis of his majesties honorable privie counsell to injoyne by act of counsell all the leiges in tymecomeing to subscrybe the Confessione of Faith and covenant, which, as a testimony of our fidelity to God and loyalty to our king, wee have subscryveit, and sieing his majesties heighe commissioner and the lordis of his majesties honourable privie counsell have granted the desyre of our supplicatione, ordeaneing by civill authoritie all his majesties leiges in tymecomeing to subscrybe the foirsaid covenant that our union may be the more full and perfyte, we by our act and constitutione ecclesiasticall doe approve the foirsaid covenant in all the headis and clauss thairof; and ordeanes of new, wnder all ecclesiasticall censure, that all the maisteris of universities, colledges and schooles, all scolleris at the passing of thair degries, all persones suspect of papistrie or any other errour, and finally all the memberis of this kirke and kingdome subscrybe the same, with theise wordis prefixed to thair subscriptione: the article of this covenant which was at the first subscriptioun referred to the determinatione of the generall assembly, being determined, and thairby the fyve articles of Pearth, the governement of the kirke by beshopis, the civill place and power of kirkemen, wpoun the reassones and groundis conteind in the actis of the generall assembly, declaired to be wnlaufull within this kirke, we subscribe according to the determinatione foirsaid; and ordeanes the covenant, with this declaratione, to be insert in the registeris of the assemblies of this kirke, generall, provinciall and presbiteriell, ad perpetuam rei memoriam, and in all humilitie supplicatis his majesties heighe commissioner and the honourable estates of parliament by thair authoritie to ratifie and enjoyne the same wnder all civill paines, which will tend to the glorie of God, preservation of religioun, the kingis majesties honnour and perfyt peace of this kirke and kingdome.

The Confession of Faith subscryved at first by the kingis majestie and his houshold in the yeir of God 1580, thairefter by persones of all rankis in the yeir 1581 by ordinance of the lordis of the secreet counsall and actis of the generall assembly, subscrybed againe by all sortis of persones in the yeir 1590 by a new ordinance of counsell at the desyre of the general assemblie, with a generall band for mentinance of the true religioun and the kingis persone, and subscrybit in the yeir 1638 by ws noblemen, barrones, gentlemen, burgess, ministers and commounes then wnder subscrybing, togither with our resolutione and promeises for the causes efterspecified to menteine the said true religione and the kingis majestie according to the confessione foirsaid and actis of parliament, and now, wpon the supplicatione of the generall assembly to his majesties heighe commissioner and the lordis of his majesties honourable privie counsell, subscryveit againe in the yeir 1639 by ordinance of counsall and act of the generall assembly.

We, all and everie one of ws wnderwrittine, protest that, after long and due examinatione of our owne consiences in materis of trewe and false religione, wee are now throughly resolved of the treuth by the word and spirit of God, and thairfor we belive with our heartis, confess with our mouthes and subscryve with our handis and constanlie affirme befor God and the whole world that this onlie is the true Christiane faith and religione pleasing God and bringing salvatione to man, which now is by the mercy of God revealed to the world by the preaching of the blessed evangell and received, belived and defended by many and sindrie notable kirkis and realmes, but cheifly by the kirke of Scotland, the kingis majestie and the thrie estates of the realme as Godis eternall treuth and onlie ground of our salvatione, as more particularlie is expressed in the confessione of our faith stablished and publicklie confirmed by sundrie acts of parliamentis, and now of a long tyme heath beene oppinlie professed by the kingis majestie and whole body of this realme, both in burghe and land, to the which confessione and forme of religion wee willinglie agrie in our consiences in all poyntes as wnto Gods wndoubted treuth and veritie, groundit only upoun his writtin word. And thairfor wee abhore and detest all contrairie religione and doctrine, but cheiflie all kynd of papistrie in generall and particular headis, evine as they are now damned and confuted by the word of God and kirke of Scotland, but in speciall we detest and refuise the wsurped authoritie of that Romane anti-Christ wpoun the scriptures of God, wpon the kirke, the civill magistrat and consiences of men, all his tyrannous lawes mad wpon indifferent thingis against our Christian libertie, his erroneous doctrine against the sufficiency of the wrettine word, the perfectione of the lawe, the office of Christ and his blissed evangell, his corrupted doctrine conserneing originall sine, our naturall inabilitie and rebellione to Godis law, our justification by fath only, our imperfyte sanctificatione and obedience to the law, the nature, nomber and use of the holy sacramentis, his five bastard sacramentis, with all his ryits, cerimonyes and false doctrine added to the ministratione of the true sacramentes without the word of God, his cruell judgment against infants depairting without the sacrament, his absolute necessitie of baptisme, his blasphemous opinione of transsubstantiatioune or reall presence of Christis body in the elementis and receaveing the same by the wicked or bodies of men, his dispensationis with solemne oathes, perjuries and degrees of mariage forbiddin in the word, his crueltie against the innocent divorced, his divellish masse, his blasphemous preisthood, his profane sacrifices for the sines of the dead and quicke, his canonization of men, calling wpon angellis or sanctis depairted, worshiping of imagrie, relictis and crosses, dedicating of kirkis, alters, dayes, vowes to creaturis, his purgatorie, prayeris for the dead, praying or speaking in a strange language, with his processiones, blasphemous letanie and multitud of advocatis or mediatouris, his manifold orderis, auricular confessione, his desperat and wncertane repentance, his generall and doubtsome faith, his satisfactiones of men for thair sines, his justificatione by workis, opus operatum, workis of supererogatione, meritis, pardones, peregrinationes and stationes, his holy water, bapteizing of bellis, conjureing of spirites, crossing, saneing, anoynting, conjureing, halloweing of Godis good creaturis with the superstitious opinione joyned therwith, his worldlie monarchie and wicked hierarchie, his three solemne voues with all his shavellings of sindrie sortes, his erroneous and bloody decrees made at Trent withall the subscryveris and approveris of that cruell and bloody band conjured against the kirke of God, and finally wee detest all his vaine allegories, rites, signes and traditiones brought in the kirke without or against the word of God and doctrine of this reformed kirke, to the which we joyne our selffis willinglie in doctrine, faith, religion, discipline and use of the holy sacramentis as lyvelie memberis of the same in Christ our head, promeising and sueiring by the great name of the Lord our God that we shall continowe in the obedience of the doctrine and discipline of this church and shall defend the same according to our vocatione and power all the dayes of our lyves, wnder the paines conteyned in the law and danger both of body and soule in the day of Godis fearfull judgment. And seeng that many are stirred up by Sathane and the Romane ante-Christ to promeise, sueire, subscryve and for a tyme wse the holy sacramentis in the church deceitfully against thair owne consiences, mynding thairby first wnder the externall cloake of religione to corrupt and subvert secreitlie Godis treue religione within the kirke, and afterward, when tyme may serve, to become oppine enymies and persecuteris of the same wnder vaine hope of the popes dispensatione, devysed against the word of God, to his greater confusione and thair double condemnatione in the day of the Lord Jesus, we thairfor, willing to take away all suspition of hiprocrisie and of suche dowble dealing with God and his kirke, protest and call the searcher of hartes for witness that our myndis and heartis doe fullie agree with this our confessione, promeise, oath and subscriptione so that we are not moved for ony worldlie respect, but ar persuaded only in our consiences throw the knowledge and love of Gods true religione prented in our heartis by the Holy Spirit as we shall ansuer to him in the day when the secreetis of all heartis shall be disclosed; and because we perceive that the quietnes and stabilitie of our religione and kirke doeth depend upon the saiftie and good behaviour of the kingis majestie, as upoun a comfortable instrument of Godis mercy granted to this cunttrie for the menteaneing of his kirke and ministratione of justice amongest ws, wee protest and promeise with our heartis wnder the same oath, hand writ, and paines that wee shall defend his persone and authoritie with our goodis, bodies and lyves in the defence of Christ, his evangell, liberties of our cuntrie, ministratione of justice and punishment of iniquity against all enemyes within this realme or without, as we desyre our God to be a stronge and mercifull defender to ws in the day of our death and comeing of our Lord Jesus Christ, to whom, with the Father and Holy Spirit, be all honnour and glory eternally.

Lykeas many actis of parliament, not only in generall, doe abrogat, annull and reschind all lawes, statutes, actes, constitutiones, canons civill or municipall, withall other ordinances and practique penalties whatsoevir mad in prejudice of the trewe religione and professouris thairof, or of the true kirke, discipline, jurisdictione and freidome thairof, or in favouris of idolatrie and superstitione, or of the papisticall kirke, as act 3, act 31, parliament 1, act 23, parliament 11, act 114, parliament 12 of King James the Sixt; that papistrie and superstitione may be wtterlie suppressed according to the intentione of the actis of parliament, repeated in the 5 act, parliament 20 King James the Sext; and to that end they ordeane all papistis and preistis to be punished by manifold civill and ecclesiasticall paines as adversaries to Godis trew religione preached and by law established within this realme, act 24, parliament 11 King James 6; as commoun enemyes to all Christiane governement, act 18, parliament 16 King James 6; as rebelleris and gainestanderis of oure soverane lordis authoritie, act 47, parliament 3 King James 6; and as idolateris, act 104, parliament 7 King James 6. But also in particular (by and attour the Confessione of Faith) doe abolish and condemne the popis authoritie and jurisdictione out of this land and ordeane the menteeners thairof to be punished, act 2 parliament 1, act 51, parliament 3, act 106, parliament 7, act 114, parliament 12 King James 6; doe condemne the pope's erroneous doctrine or any other erroneous doctrine repugnant to any of the articles of the true and Christiane religion publictlie preached and by law established in this realme, and ordeane the spreaderis and makeris of bookis or lybellis or lettiris or wretis of that nature to be punished, act 46, parliament 3, act 106, parliament 7, act 24, parliament 11 King James Sext; doe condemne all baptisme conforme to the popis kirke and the idolatrie of the masse, and ordeane all sayeris, willfull heireris and concealeris of the masse, the menteiners and resetteris of the preistis, Jesuitis, traffiqing papists to be punished without ony exceptione or restrictione, act 5, parliament 1, act 120, parliament 12, act 164, parliament 13, act 193, parliament 14, act 1, parliament 19, act 5, parliament 20 King James 6; doe condemne all erroneous bookis and wretis conteineing erroneous doctrine against the religione presentlie professed or conteyneing superstitious rites and ceremonies papisticall, wherby the people are greatlie abused, and ordeane the home bringeris of theme to be punished, act 25, parliament 11 King James 6; doe condemne the monumentis and dregis of bygone idolatrie, as goeing to the crosses, observeing the festivall dayes of sainctes and such other superstitious and papisticall rites, to the dishonnour of God, contempt of trewe religione and fostering of great errour among the people, and ordeane the useris of them to be punished for the second fault as idolateris, act 104, parliament 7 King James 6.

Lykeas many actis of parliament are conceived for mentinance of Godis true religioun and the puritie therof in doctrine and sacramentis of the trewe churche of God, the libertie and friedome therof in hir nationall and sinodall assemblies, presbetries, sessiones, policie, discipline and jurisdictione thairof, as that puritie of religione and libertie of the church was used, professed, exerceised, preached and confessed according to the reformatione of religione in this realme, as for instance the 99 act, parliament 7, act 23, parliament 11, act 114, parliament 12, act 160, parliament 13 of Kinge James 6, ratified by 4 act of King Charles, so that the 6 act, parliament 1 and 68 act, parliament 6 of King James 6 in the yeir of God 1579 declare the ministeris of the blessed evangell, whom God of his mercy had raised wp or heirafter should raise, agreeing with them that then lived in doctrine and administratione of the sacramentis and the people that professed Christ as he was then offered in the evangell and doeth communicat with the holy sacramentis (as in the reformed kirkis of this realme they ware publictlie administrat) according to the Confessione of Faith to the true and holy kirke of Christ Jesus within this realme, and descerne and declaire all and sundrie who either gainesay the word of the evangell, received and approved as the headis of the Confessione of Faith professed in parliament in the yeir of God 1560, specified also in the first parliament of King James 6 and ratified in this present parliament, more particularlie doe specifie, or that refuises the administratione of the holy sacramentis as they ware then ministrated, to be no memberis of the said kirke within this realme and the true religioune presentlie professed, so long as they keepe themselves so devydit from the societie of Christis body. And the subsequent act 69, parliament 6 of King James 6 declaires that ther is none other face of kirke nor other face of religioun then wes presentlie at that tyme by the favour of God established within this realme, which thairfor is ever stylled Godis true religione, Christis true religione, the true and Christiane religione and a perfect religione, which by manifold actes of parliament all within this realme are bund to profess to subscrybe the articles therof, the Confessione of Faith, to recant all doctrine and errouris repugnant to any of the said articles, act 4 and 9, parliament 1, act 45, 46, 47, parliament 3, act 71, parliament 6, act 106, parliament 7, act 24, parliament 11, act 123, parliament 12, act 194 and 197, parliament 14 of King James 6. And all magistratis, sherreffis etc. one the one pairt are ordeeaned to search, apprehend and punish all contraveeneris, for instance, act 5, parliament 1, act 104, parliament 7, act 25, parliament 11 of King James 6, and that notwithstanding of the kingis majesties licences one the contrarie, which are dischairged and declaired to be of no force in so farr as they tend in onywayes to the prejudice and hinder of the executione of the actes of parliament against papistis and adversaries of trewe religion, act 106, parliament 7 King James 6. One the other pairt, in the 47 act, parliament 3 of King James 6, it is declaired and ordeaned, seing the cause of Godis trewe religione and his heighnes authoritie are so joyned as the hurt of the one is commone to both, and that none shall be reputed as loyall and faithfull subjectis to our soverane lord or his authoritie bot be punisheable as rebelleris and gainestanders of the same who shall not give thair confessione and make thair professione of the said trewe religione, and that they who after defectione shall give the confessione of thair faith of new, they shall promeise to continow thairin in tymecomeing to menteene our soverane lordis authoritie and at the wtermost of thair power to fortifie, assist and menteene the trewe preacheris and professouris of Christis evangell against whatsoevir enymies and gainstanderis of the same, and namlie against all such (of whatsoever natione, estat or quality they be of) that have joyned and bund themselves or have assisted or assist to set forward and execut the cruell decrees of the Counsell of Trent, contrary to the true preachers and professouris of the word of God, which is repeited word by word in the article of pacificatione at Pearth, the tuentie thrid of February 1572, approved by parliament the last of Apryle 1573, ratified in parliament 1587 and related act 123, parliament 12 King James 6, with this addition: that they are bund to resist all treassonable wproris and hostilities raised against the true religione, the kingis majestie and the true professoures. Lykas all leiges ar bund to menteene the kingis majesties royall persone and authoritie, the authoritie of parliaments, without the which neither any lawes nor laufall judicatories can be established, act 130 and 131, parliament 8 King James 6, and the subjectis liberties who ought only to live and be governed by the kingis lawes, the commoun lawes of this realme allenerly, act 48, parliament 3 King James 1, act 79, parliament 6 King James 4, repeited in the act 131, parliament 8 King James 6, which if they be innovated or prejudgeit, the commissioun anent the unione of the tuo kingdomes of Scotland and England, which is the sole act of the 17 parliament of King James 6, declaires such confusione would ensue as this realme could be no more a frie monarchie because by the fundamentall lawes, ancient priviledges, offices and liberties of this kingdome not only the princly authoritie of his majesties royall discent hath beene these many ages menteend but also the peoples securitie of thair landis, liveingis, rightis, offices, liberties and dignities preserved. And thairfor, for the preservatione of the said true religione, lawes and liberties of this kingdome, it is statut by the 8 act, parliament 1, repeited in the 99 act, parliament 7, ratified in the tuentie thrid act, parliament 11 and 114 act, parliament 12 of King James 6, and 4 act of King Charles, that all kingis and princes at thair coronatione and receptione of thair princlie authoritie shall make thair faithfull promeise by thair solemne oath in the presence of eternall God, that enduring the whole tyme of thair lyves they shall serve the same eternall God to the wttermost of their power, according as he heath requyred in his most holy word conteyned in the old and newe testament, and according to the same word shall menteene the trewe religioun of Jesus Christ, the preaching of his holy word, the due and right ministratioun of the sacramentis now received and preached within this realme, according to the Confessioune of Faith immediatlie preceiding, and shall abolishe and gainestand all false religioun contrary to the same, and shall reule the people committed to thair chairge according to the will and command of God revealed in his foirsaid word and according to the laudable lawes and constitutiones received in this realme nowayes repugnant to the said will of the eternall God, and shall procuire to the wttermost of thair power to the kirke of God and whole Christiane people true and perfyt peace in all tymecomeing, and that they shall be cairfull to root out of thair empyre all heretickis and enymyes to the true worshipe of God who shall be convicted by the true kirke of God of the foirsaid crymes, which was also observed by his majestie at his coronatione at Edinburgbe 1633, as may be seine in the order of the coronatione.

In obedience to the commandement of God, conforme to the practeise of the godly in former tymes and according to the laudable example of our worthie and religious progenitoures and of many yit liveing amongest ws, which was warranted also by act of counsell commanding a generall band to be mad and subscryved by his majesties subjectis off all rankis for two causes, one was for defending the true religione as it was then reformed and is expressed in the Confessione of Faith abowewrittin and a former large confessione established by sundrie actes of laufull generall assemblies and of parliament, wnto which it heath relatione set doune in catechisms and which had beene for many yeires, with a blissing from heavine, preached and professed in this kirke and kingdome as Godis wndoubted treuth grounded only wpoun his writtine word, the other cause was for menteaneing the kingis majestie, his persone and estat, the true worshipe of God and the kingis authority being so straitlie joyned as they that had the same freendis and commoun enymyes and did stand and fall togidder; and finally being convinced in our myndis and confessing with our mouthes that the present and succeiding generationes in this land are bund to keepe the foirsaid nationell oath and subscriptione inviolable, wee noblemen, barrones, gentlemen, burgess, ministeris and commons wndersubscrybeing, considering diverse tymes before, and especially at this tyme, the danger of the true reformed religioun, of the kingis honnour and of the publict peace of the kingdome by the manifold innovationes and evillis generally conteyned and particularlie mentioned in our lat supplicationes, complaintes and protestationes, doe heerby profess and befor God, his angellis and the world solemnlie declair that with our whole heartis wee agree and resolve all the dayes of our lyffe constantlie to adhere wnto and to defend the foirsaid true religione and (forbeiring the practeise of all novationes allreddie introduced in the materis of the worshipe of God or approbatione of the corruptiones of the publicke governement of the kirke or civill places or power of kirkemen till they be tryed and allowed in frie assemblies and in parliamentes) to labour by all meanes laufull to recover the puritie and libertie of the Gospell, as it was established and professed befor the foirsaid novationes. And because after dewe examinatioun wee plainlie perceive and wndoubtedlie belive that the innovationes and evillis conteyned in our supplicationes, complaintes and protestationes have no warrant of the word of God, are contrary to the articles of the foirsaid confessiones, to the intentioune and meaneing of the blessed reformeris of religioun in this land, to the abovewrittin actes of parliament, and doe sensiblie tend to the reestablishing of the popish religioune and tiranny, and to the subversioun and ruine of the true reformed religione and of our liberties, lawes and estates, wee also declair that the foirsaid confessiones are to be interpreted and ought to be wnderstood of the foirsaid novationes and evillis no lesse then if everie one of them had beene expressed in the foirsaid confessions, and that wee are obleidged to detest and abhore theme amongest wther particular headis of papistrie abjured thairin. And thairfor, from the knowledge and consiences of our duetie to God, to our king and cuntrie, without ony worldlie respect or inducement so farr as humane infirmity will suffer, wishing a further measure of the grace of God for this effect, wee promeise and sweir by the great name of the Lord our God to continewe in the professioune and obedience of the foirsaid religione, that we shall defend the same and resist all these contrary errouris and corruptiones according to our vocationes and to the wtermost of that power that God heath put in our handis all the dayes of our lyffe, and in lykemaner, with the same heart, wee declaire before God and men that wee have no desire to attempt any thing that may turne to the dishonour of God or to the deminutioun of the kingis greatnes and authoritie, bot one the contrary wee promeise and sueir that we shall to the utermost of our power with our meanes and lyves stand to the defence of our dread soverane, the kingis majestie, his persone and authority, in the defence and preservatione of the foirsaid true religioun, liberties and lawes of the kingdome, as also to the mutuall defence and assistance everie one of ws of another in the same cause for menteyneing the true religione and his majesties authority with our best counsell, our bodies, meanes and whole power against all sortes of persones whatsoevir, so that whatsoevir shall bee done to the least of us for that cause shall be takine as done to ws all in generall and to everie one of ws in particular. And that we shall nather directlie nor indirectlie suffer ourselves to be devydit or withdrawne by whatsoever suggestioune, allurment or terrour from this blissed and loyall conjunctione nor shall cast in any let or impediment that may stay or hinder any suche resolutione as by commone consent shall be fund to conduce for so good endis, bot one the contrarie shall by all laufull meanes labour to further and promove the same, and if any such dangerous and divisive motioune be mad to ws by word or writ, wee and everie one of ws shall ather suppress it, or if neid bee shall incontinent make the same knowne that it may be tymeouslie obviated. Nather doe we feir the foule aspersiones of rebellione, combinatione or what ells our adversaries from thair crafte and malice would put upon ws, sieing what we doe is so weell warranted and aryseth from ane wnfanyed desyre to menteene the true worshipe of God, the majestie of our king and peace of the kingdom for the commone happines of our selves and the posteritie. And because we cannot looke for a blissing from God upoun our proceedingis, except with our professione and subscriptione we joyne such a lyffe and conversatione as beseemeth Christianes who have renewed thair covenant with God, wee therfor faithfullie promeise, for our selves, our falloweris and all other wnder ws, both in publicke, in our particular famelies and personall cariage, to endevour to keepe our selves within the boundis of Christiane libertie and to be good examples to otheris of all godlines, sobernes and righteousnes and of every dutie wee owght to God and man, and that this our unione and conjunctione may be observed without violatione, wee call the liveing God, the searcher of our heartis, to witnes who knoweth this to be our sincere desyre and wnfaned resolution, as wee shall ansuer to Jesus Christ in the great day and wnder the paine of Godis everlasting wrath and of infamie and losse of all honnour and respect in this world, most humbly beseiking the Lord to strenthen ws by his Holy Spirit for this end and to bliss our desyris and proceedingis with a happie success, that religioune and righteousnes may floorishe in the land to the glorie of God, the honnour of our king and peace and comfort of ws all. In witness wherof, we have subscryved with our handis all the premisses.

The article of this covenant, which was at the first subscription referred to the determinatione of the generall assembly, being determined, and thairby the fyve articles of Pearth, the governement of the kirke by beshopis, the civill places and power of kirkemen, upoun the reassones and groundis conteened in the actes of the generall assemblie, declaired to be wnlaufull within this kirke, wee subscryve according to the determinatione foirsaid.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Legislation
Act 19
Anent the ratificatione of the actes of the assemblie

The estates of parliament, presentlie conveened by his majesties speciall authoritie, ratifies, approves and perpetually confirmes the act of the general assembly holdine at Edinburghe in the moneth of August last bypast, mad wpon the seaveenteenth day of the said moneth and in the eight sessione of the said assembly, intituled, 'Anent the sex causes of our bygone evillis', wherof the tennour falloues: The kingis majestie, haveing graciouslie declaired that it is his royall will and pleasoure that all questiones about religion and matteris ecclesiasticall be determined by assemblyes of the kirke, haveing also by publicke proclamation indicted this free nationell assembly for setling the present distractiones of this kirke and for establishing of a perfyte peace against such divisiones and disorderis as have beene sore displeasing to his majestie and greivous to all his good subjectis, and now his majesties commissioner Johne, erle of Traquair, instructed and authoreized with a full commissione, being present and siting in this assembly now fullie conveened and orderly constitute in all the memberis thairof, according to the order of this kirke, haveing at large declaired his majesties zeale to the reformed religioun and his royall cair and tender affectione to this kirke, where his majestie had both his birth and baptisme, his great displeasour at the manifold distractions and divisiones of this kirke and kingdome, and his desyres to have all our woundis perfytlie cured with a fair and fatherlie hand; and, althought in the way approvine be this kirke tryell heath beene takine in former assemblyes befor from the kirke registeris to our full satisfactione, yit the commissioneris grace makeing particulare inquirie from the memberis of the assembly now solemnlie conveend, concerneing the reall and true causes of so mony and great evillis at this tyme past had so sore troubled the peace of this kirke and kingdome, it was represented to his majesties commissioner by this assembly that, besyde many other, the maine and most materiell causes were first the pressing of this kirke by the prelatis with a service booke or booke of commoun prayer, without warrand or directione from the kirke, and conteyneing besyd the popish frame thairof diverse popishe errouris and ceremonies and the seedis of manifold and grosse superstitiones and idolatrie, with a booke of cannones, without warrand or directione from the generall assembly, establishing a tirannicall power over the kirke in the persones of the beshopis, and overthroweing the whole discipline and governement of the kirke by assemblyes with a booke of consecratione and ordinatione, without warrand of authoritie, civill or ecclesiasticall, appoynting offices in the house of God which are not warranted by the word of God and repugnant to the discipline and actes of our kirke, and with the highe commissione erected without the consent of this kirke, subverting the jurisdictione and ordinarie judicatoris of this kirke, and giveing to persones meerlie ecclesiasticall the power of both suordis and to persones merlie civill the power of the keyes and kirke censures. A second cause wes the articles of Pearth, viz: the observatione of festivall dayes, kneeling at the communione, confirmatione, administratione of the sacramentis in privat places, which ware brought in by a null assembly and are contrary to the Confessione of Faith as it was meanit and subscryveit anno 1580 and diverse tymes since, and to the order and constitutione of this kirke. Thirdlie, the change of the governement of the kirke from the assemblies of the kirke to the persones of some kirkemen, usurping prioritie and power over thair brethrine by the way and wnder the name of episcopall governement, against the Confessione of Faith, 1580, againest the order set doune in the booke of policy and against the intentione and constitutione of this kirke from the begining. Fourthlie, civill places and power of kirkmen, thair siting in sessioun, counsell and exchekker, thair ryding, siting and voyting in parliament and thair sitting in the bench as justices of peace, which, according to the constitutiones of this kirke, are incompatible with thair spirituall functioun, lifte them wpe in worldlie pompe above there brethrine and doe tend to the hindrence of the ministrie. Fyftlie, the keeping and authoreizing of corrupt assemblies at Linlithgow 1606, 1608, at Glasgow 1610, at Aberdeene 1616, at Sanct Androwis 1617, at Pearth 1618, which are null and wnlaufall as being called and constitut quit contrarie to the order and constitutiones of this kirke received and practeised evir since the reformatione of religioun, and withall labouring to introduce novationes into this kirke against the order and religioun established. A sixt cause is the want of lauchfull frie generall assemblyes, rightlie constitute of pastoris, doctouris and elderis yearlie or oftiner pro re nata, according to the libertie of this kirke expressed in the booke of policy and acknowledged in the act of parliament 1592. After the which, the whole assembly in one heart and voyce did declaire that these and such other proceeding from the neglect and breach of the Nationell Covenant of this kirke and kingdome made anno 1580 have beene the true and maine causes of all our evillis and distractiones, and therfor ordeane, according to the constitutiones of the generall assemblies of this kirke and wpoun the groundis respective above specified, that the foirsaid service booke, bookis of cannones and ordinatione and the highe commissione be still rejected, that the articles of Pearth be no more practeised, that episcopall governement, the civill places and power of kirkemen be holdine still as wnlaufall in this kirke, that the abovenamed pretendit assemblies at Linlithgow 1606, 1608, at Glasgow 1610, at Aberdeene 1616, at Sanct Androwis 1617, at Pearth 1618, bee heirafter accompted as null and of none effect, and that for preservatione of religione and preventing all such evillis in tymecomeing generall assemblyes rightlie constitute as the proper and competent judge of all materis ecclesiasticall heirefter be keeped yeirlie and oftiner pro re nata, as occasioune and necessitie shall requyre (the necessitie of these occasioneall assemblies being first remonstrat to his majestie by humble supplicatione); as also that kirke sessionis, presbetries and synodell assemblyes be constitut and observed according to the order of this kirke. Which act, with all and sindrie the particular headis, clauss & articles thairinconteaned, the estates now conveend by his majesties indictione, warrand and authoritie foirsaid ratifies, approves and confirmes in all poyntes, in maner as the same proportis, and gives thairwnto the strenth of a lawe and act of parliament, and ordeanes executione to pas there upoun as effeires; and rescindis, cass and anullis all actes and decrees of parliament and counsell formerlie mad contrair and in prejudice of the said act or any pairt thereof.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Act 20
Act rescissorie

The estates of parliament, presentlie conveend by his majesties speciall authoritie, considering that the office of beshopis and archbeshopis and all other prelates, the civill places and pouer of kirkemen, as ther voyceing and ryding in parliament, are condemned by the assemblyes of this kirke, and considering the severall actes and complaintes of this kirke unto parliamentes from tyme to tyme against any persones, especiallie of prelatis thair attempting to voyce or doe any thinge in name of the kirke without either beiring office in the kirke or having commissione from the kirke, with hir frequent supplicationes to the parliament for dissolveing of all prelacies; considering also the petition of the commissioneris of the late generall assembly humbly craveing the resscissione of all actes of parliament which grantes to the kirke or kirkemen of whatsoever sort, allowed or disallowed, as representing hir or in hir name the privieledge of ryding and voycing in parliament as prejudiciall to hir liberties and incompatible with hir spiritual nature, declaires that the sole and only poure and jurisdictione within this kirke standis in the kirke of God as it is now reformed, and in the generall, provinciall, presbiteriall assemblies of the kirke, with the sessiones thairof, established by act of parliament in June 1592, cap. 114, which act the saidis estates, now conveened by his majesties speciall indictione, warrant and authoritie, revives and renewes in the haill headis, poyntes and articles therof (with this express declaratione: that according to the last clause in the act of the lat generall assembly of the 17 of August the necessitie of occasionall assemblyes be first remonstrat to his majestie by humble supplicatione), to stand in full strenth as a perpetuall law in all tymecomeing, notwithstanding of whatsoevir actes and statutis mad in the contrair therof in whole or in pairt, which the estates conveend as said is cass and annullis in all tymecomeing. And declaires that it is and shalbe laufull to the presbyteries of this kirke to exact and receive frome subjects of all qualityes thair oath of the Confessione of Faith and covenant, with the subscriptione therof, to examene pedegogues of the sones of noblemen passing out of the cuntrie, to give them testimoniellis according to former actes of parliament, to give and direct admonitionis privat or publicke to persones joyned in mariage for adherence, to designe manse and gleibes to ministeris, to appoynt stent maisteris for reparatione of kirke and kirkyairdis and for mentinance of the maisteris of schoolles, and to stent the parochineris conforme to the act of parliament, admit ministeris upon the presentationes from the laufull patrons or jure devoluto which shall happine heirefter or wnto kirkis which fall not wnder patronages suchlyke and als frielie as they did or might have done of before, and to doe all and whatsoevir thingis which befor perteened to presbetries and ware usurped by the prelatis. And that notwithstanding of whatsoevir acts or statutes mad in the contrair in favouris of beshopis, archbeshopis or other prelatis, which the estates authoreized in maner foirsaid cass and annullis, and speciallie the estates foirsaids cass and annullis [the 231st act]1597 anent the kirke and speciall persones and prelates voyceing in parliament and representing the third estat; the 2 act 1606, anent the restitutione of the state of beshopes and thair representing the third estat; the 8 Act 1607, anent the chapter of Sanct Androwes; the 6 act 1609, anent the commissariotis and jurisdictione givine to beshopis and archbeshopis; the first act 1612, anent the ratificatione of the pretendit actes of the assembly at Glasgow 1610; the first and second actis 1617, anent the electione of beshopis and restitutione of chapters, without prejudice allwayes to the ministeris serveing the cure of any emolumentis allowed to them in pairt of there stipend; the first act 1621, anent the ratificatione of the articles of the pretendit assembly holdine at Pearth; and finally the estates foirsaid conveend by authoritie reshindis and annullis all and whatsoevir actes of parliament, lawes and constitutiones in so farr as they derogat and are prejudiciall to the spirituall nature, jurisdictione, discipline and priviledges of this kirke or of hir generall, provinciall, presbiteriall assemblies and kirke sessiones, and so fare as they are conceived in favouris of archbeshopis, beshopis, abbotis, pryoris and others prelates or kirkemen, whatsoevir thair dignity, tytle, pouer, jurisdictione and estat in this kirke and kingdome, or in favouris of the civill places and pouer of kirkemen of quhatsoevir sort, alloued or disallowed, for thair ryding, siting and voyceing in parliament, either as kirkemen or the clergie or in name of the kirke or as representing the kirke either in regaird of there ecclesiasticall tytles, offices, places and dignities, or in regaird of the temporality or spirituality of there ecclesiasticall benefices or other pretext whatsoevir, with all actes and constitutiones of convention, counsell or sessione or other judicatorie whatsoevir, and all practeiss and customes whatsoevir introduced in favouris of the saidis offices, tytles, benefices or persones provydit therto. And declaires all persones civill or ecclesiasticall censured, deprived, confined or banished by vertue of whatsoevir actes, decreets or sentances givine and pronunced by the saidis archbeshopis and beshopis or otheris, there collegues and associatis in thair ecclesiasticall courtes holdine by vertue of the actes foirsaidis, or by any of them, or by vertue of the pretendit highe commissione and all actes interponed thairto against the persones forsaidis for not obedience of the foirsaids actis, or any of theme which are now repealed as said is, or for not acknowledging thair saidis courtes or for there pretendit contumacy and not compeirance to ansuer befor theme, to be null and of none availl, force nor effect, and the foirsaidis persones to be restored and reponit against the same, such lyke as if the samene had never givine nor pronunced.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back
Act 21
Act anent the choosing of committies out of everie estate

The estates of parliament, presentlie conveend by vertue of his majesties speciall authoritie, considering that there have diverse questiones arisine in this present parliament anent the freedome of the parliament either to choose or not to choose committies for articles, and when they resolve to choose, anent the maner of electioun of them and their use and power by reasone the same is not yit determined nor set doune by any acts of former parliamentes, for removeing wherof and avoyding the great prejudice which by experience they find will heerby redound to this kingdome and to the libertie, friedom and dignitie of the supreme courtes of parliament, they have thought it necessary that a solid order be sett doune, asweell declairing the libertie of the parliament in the maner of thair proceedingis by themselves alone or by committies for articles as prescrybing the forme and maner of the electione of these committies for articlesand desyneing thair use, power and maner of there proceedingis to be observed in all tymes comeing; and therfore have statute and declaired that, according to the libertie of all frie judicatories anent thair owne preparatorie committies, all subsequent parliamentis may, according to the importance of effaires for the tyme, either choose or not choose severall committies for articles as they shall thinke expedient, and that any subsequent parliamentes makeing electioun of committies for articles to prepair materis for them shall proceed in maner falloweing, to wit: that these of the noblemen shalbe named and choosine by the noblemen themselves out of thair nomber, and by the barrones, commissioneris of shyres, by themselves out of ther nomber, and the burgess, commissioneris of burrous, by themselves out of there nomber, the names of the which persones so named and choosine out of everie estate (not exceeding for every committie the nomber prescryveit by the act of parliament 1587) being openlie red and mad knowne to the whole estatis sitting in plaine parliament, the said estates haveing received any propositiones (which are evir first to be represented to themselves) by ane act shall authoreize the said persones with power to treat, reason or consult wpoun the expediencie or inexpediencie of such articles allenerlie as shall be commited and recommendit unto them be the estates and to set doune such reasones and motives as they can devyse wherby to enforce either the passing or rejecting of the samene in parliament, to be reported with the said articles to the remanent of the said estates assembled in parliament, that they may deliberat and advyse therwpon; and that efter discussing of the reasones givine in either for or against the samene, the said estates may ordeene suche of the saidis articles as they find to desserve consideratione to be formed and past as articles to be voyted in plaine parliament. And incaise it shall happine them to omit or forget to make report to the estates as said is of any of the saidis articles, with thair reasones for or against the same, it shall be laufull in that caise to the ingiveris of the saidis articles to propone the samene againe in plaine parliament that they may there be determined and decydit. And farder, to the effect that the saidis estates may be in reddines to receave all articles which shall be givine in and presented to the parliament and ather to give ansuer therwnto themselves if they shall thinke it expedient or wtherwayes recommend the same to the said committie to be digested by them and reported as said is, it is thought fitt and declaired that the rest of the estates by and besyd these of the severall committies of the articles shall be holdine continowally to sit for receiving, advysing and discussing of all articles, propositions, overtures, and materes shall be presented to them from the begining of the parliament to the cloosure therof, and such lyke after all the saidis articles are past and discussed by the saidis estates in maner foirsaid, that they shall take suche a competent tyme as they shall think requisit, according to the nomber and importance of the effaires in hand, to reveise and consider the samen againe befor the day of voyceing, that they may be weell and ryplie advysed thairanent.

  1. NAS, PA2/22, f.21v-22r. Back
  2. NAS, PA2/22, f.22r-22v. Back
  3. NAS, PA2/22, f.22v-23r. Back
  4. NAS, PA2/22, f.23r. Back
  5. NAS, PA2/22, f.23r-23v. Back
  6. NAS, PA2/22, f.23v. Back
  7. NAS, PA2/22, f.24r. Back
  8. NAS, PA2/22, f.24r-24v. Back
  9. NAS, PA2/22, f.25r. Back
  10. NAS, PA2/22, f.25r-30r. Back
  11. NAS, PA2/22, f.30r-31v. Back
  12. NAS, PA2/22, f.31v-32v. Back
  13. APS interpolation. However, the printed act states 'the 23 act', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned (Edinburgh, 1641), p.21. Back
  14. NAS, PA2/22, f.32v-33v. Back
  15. The words 'as prescrybing the forme and maner of the electione of these committies for articles' are repeated in the manuscript. Back