The 10th day of parliament
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The estates of parliament, presently convened by his majesty's authority, considering that by reason of his majesty's ordinary residence out of this his ancient and native kingdom, the grievances and complaints of his good subjects cannot have so free and easy access to his ears as the same may be conveniently represented to his majesty's commissioners and estates of parliament from time to time, and how necessary it is that parliaments be kept frequently within this kingdom for preservation of the purity of God's true religion, now by God's providence established within the same, and for the equal and impartial administration of justice to all his majesty's subjects and maintaining of peace and concord amongst them by applying of the true and lawful remedies to their grievances and complaints, and timeous suppression of all abuses and corruptions which otherwise from small beginnings will grow to great disorders (which frequent parliaments were continually observed in this kingdom before his majesty's father of happy memory went into England), have statute and ordained that every three years once at least a full and free parliament shall be held (and more often as his majesty shall be pleased to call them) within the bounds of this kingdom in the most commodious place and convenient time to be thought upon, appointed and affixed by his majesty and his commissioner for the time and the estates of parliament before the ending and closing of every parliament, and to be the last act thereof. And the whole estates wish yet, as it was their happiness to have his majesty's presence at all parliaments until the king had his residence in this kingdom, so that his majesty would be pleased to be present at each parliament, and they humbly supplicate his majesty for that effect.
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The estates of parliament, now presently convened by his majesty's special authority, considering that for the better clearing and resolving of all doubts and difficulties which may arise in parliaments regarding such matters as shall be brought in before them, it is very necessary that they have inspection of the books, registers and records of parliaments as they shall have occasion to make use thereof, have statute and ordained that in all times coming the clerk register and his deputes, and such others who for the time shall happen to have the charge, keeping or power of any of the said registers or records, shall be held to exhibit and produce the same as they shall be required by the estates in time of parliament, that they may have the use and inspection thereof upon all occasions as they shall think expedient for clearing of whatsoever difficulties; and also that the clerk register, or some having power from him and entrusted with the keeping of the registers, shall be present at all times and shall be ready to give extracts to the lieges in their particular affairs upon their reasonable charges and expenses, and both these under the pain of deprivation of the party contravening any of the said members of the acts or to be otherwise more mildly or severely punished as the parliament shall find the fault to demerit.
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Forasmuch as the estates of parliament, presently convened by his majesty's special authority, considering that by the 12th act of the 10th parliament of the king's majesty's late dearest father of eternal memory, all leagues and bonds amongst the subjects are discharged, and by the 131st act of the 8th parliament of the king's late dearest father all councils, conventions or assemblies without the king's command and licence are also discharged under the pains ordained by the acts of parliament against such as unlawfully convocates the king's lieges, and that also by sundry other preceding statutes and acts of parliament made by his majesty's most noble progenitors the foresaid leagues, bonds, councils, conventions and meetings are likewise discharged. And herewith also the said estates, taking to their consideration what was the true end and meaning for making of the foresaid acts, and how far the same in equity and reason can be extended, find and declare that the foresaid acts and laws particularly and generally before expressed are not, nor cannot be, extended against any bonds, leagues, councils, conventions, assemblies, committees or meetings made, held and kept by the subjects for maintenance and preservation of the king's majesty, the religion, laws and liberties of the kingdom, or for the public good, either of kirk or state, but the said estates find and declare that all these bonds, conventions, committees and other meetings made and kept by the estates and subjects of this kingdom for the public good of king, kirk and state and intended for the defence and preservation thereof from the beginning of these present troubles are not prohibited and discharged by the foresaid laws and acts of parliament particularly and generally before rehearsed, nor none of them, and can in no way be understood nor interpreted to fall within the compass of the discharge and prohibition of the foresaid acts and do in no way contravene the same nor none of them. And therefore the said estates ratify, approve and allow all the said bonds, conventions, committees and other meetings which are and have been made and kept within this kingdom for the defence and preservation of the king's majesty, the religion, liberties and laws of this kirk and kingdom since the beginning of the present troubles thereof, and declare the same to be lawful and legal deeds, and that they do in no way contravene the foresaid acts of parliament respectively above-mentioned nor none of them nor no other law nor constitution of this kingdom.
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Forasmuch as the estates of parliament, presently convened by his majesty's special authority, considering that God's public worship upon the Sabbath day is hindered and the Sabbath day profaned by the going of mills and salt-pans upon Sundays, for remedy hereof the estates of parliament, presently convened by his majesty's special authority, discharge and prohibit all salt-pans and mills within this kingdom from all going, grinding, making of salt or in any way working upon Sundays in any time hereafter, and ordain the salters, millers and other servants in the said mills and salt-pans to attend God's public worship hereafter every Sabbath day, under the pains and censures contained in the acts of the assembly or other kirk acts set down regarding this, to the which acts the said estates of parliament interposes the civil sanction and authority of parliament for the better execution thereof.
[1640/6/31]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering that the act of parliament made in 1594 in the 14th parliament of King James VI, chapter 218, whereby all matters and grievances to be given in to the parliament are appointed to be given in to his majesty's clerk register and by him presented to the estates, has bred great hurt and prejudices to the liberty of this kirk and kingdom and subjects thereof in time bygone, as is evident by experience of the evils that have flowed therefrom, therefore the said estates, for remedy hereof, retreat, rescind, make void and annul the foresaid act of parliament and declare the same to be null and of no value, force nor effect in all time coming, and ordain and appoint all grievances and other matters that are to be handled and treated of hereafter in parliament to be given in and presented in open and plain parliament in all time coming.
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Forasmuch as the estates of parliament, presently convened by his majesty's special authority, having taken to their consideration that there have been diverse unjust and unlawful proclamations made commanding the obedience of things unjust and unlawful (tending to the overthrow and prejudice of the laws and liberties of kirk and kingdom) under the pain of treason, as also declaring the disobeyers of these unlawful and unjust proclamations to be rebels and traitors, which is against law, equity and reason, no trial nor declarator of treason having proceeded against them of before, find and declare all these proclamations, with the pretended acts and warrants for making and proclaiming thereof, to be null and of no value, force nor effect with all that has followed or may follow thereupon. And therefore the said estates of parliament make void and annul the foresaid pretended proclamations, with all the said acts and warrants whereupon the same proceeded, and find and declare that no person nor persons can be declared traitors but either by the parliament itself and by act and sentence thereof or than by the lawful ordinary judge after trial and finding that the said persons have contravened a law and act of parliament made under the pain of treason against the disobeyers and contraveners thereof.
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The estates of parliament, presently convened by his majesty's special authority, considering the supplication of the general assembly at Edinburgh, 12 August 1639, to [John Stewart, earl of Traquair], his majesty's high commissioner, and the lords of his majesty's honourable privy council, and the act of the council, 30 August 1639, containing the answer of the said supplication, and the act of the said general assembly ordaining by their ecclesiastical constitution the subscription of the Confession of Faith and covenant mentioned in their supplication, and moreover having supplicated his majesty to ratify and enjoin the same by his royal authority under all civil pains as tending to the glory of God, preservation of religion, the king's majesty's honour and the perfect peace of this kirk and kingdom, do ratify and approve the said supplication, act of council and act of assembly, and according thereto ordain and command the said confession and covenant to be subscribed by all his majesty's subjects of whatever rank and quality under all civil pains; and ordain the said supplication, act of council and act of assembly, with the whole confession and covenant itself, to be inserted and registered in the acts and books of parliament, and also ordain the same to be presented at the entry of every parliament and before they proceed to any other act that the same be publicly read and sworn by the whole members of parliament claiming voice therein, otherwise the refusers to subscribe and swear the same shall have no place nor voice in parliament. And also ordain all judges, magistrates and other officers of whatsoever place, ranks or quality and ministers at their entry to swear and subscribe the same covenant, whereof and of the said supplication, act of council and act of assembly the tenor follows etc.
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We, the general assembly, considering with all humble and thankful acknowledgment the many recent favours bestowed upon us by his majesty and that there rests nothing for crowning of his majesty's incomparable goodness towards us but that all the members of this kirk and kingdom be joined in one and the same confession and covenant with God, with the king's majesty and among ourselves, and conceiving the main let and impediment to this so good a work and so much wished by all to have been the informations made to his majesty of our intentions to shake off all civil and dutiful obedience due to sovereignty and to diminish the king's greatness and authority, and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect a union, and for clearing of our loyalty, we, in our own names and in name of all the rest of the subjects and congregations whom we represent, do now in all humility represent to your grace, his majesty's commissioner, and the lords of his majesty's most honourable privy council, and declare before God and the world that we never had nor have any thought of withdrawing ourselves from that humble and dutiful obedience to his majesty and to his government, which by the descent and under the reign of 107 kings is most cheerfully acknowledged by us and our predecessors, and that we never had nor have any intention nor desire to attempt anything that may tend to the dishonour of God or the diminishing of the king's greatness and authority, but, on the contrary, acknowledging our quietness, stability and happiness to depend upon the safety of the king's majesty's person and maintenance of his greatness and royal authority, who is God's vicegerent set over us for the maintenance of religion and administration of justice, we have solemnly sworn and do swear not only our mutual concurrence and assistance for the cause of religion, and to the utmost of our power with our means and lives to stand to the defence of our dread sovereign, his person and authority in the preservation and defence of the true religion, liberties and laws of this kirk and kingdom, but also in every cause which may concern his majesty's honour shall, according to the laws of this kingdom and the duties of good subjects, concur with our friends and followers in quiet manner or in arms, as we shall be required by his majesty, his council or any having his authority. And therefore, being most desirous to clear ourselves of all imputation of this kind and following the laudable example of our predecessors in 1589, do most humbly supplicate your grace, his majesty's commissioner, and the lords of his majesty's most honourable privy council to enjoin by act of council that this confession and covenant, which, as a testimony of our fidelity to God and loyalty to our king, we have subscribed, be subscribed by all his majesty's subjects of whatever rank and quality.
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The which day, in presence of [John Stewart, earl of Traquair], lord commissioner, and lords of privy council, compeared personally John [Leslie], earl of Rothes, James [Graham], earl of Montrose, John [Campbell], lord Loudoun, Sir George Stirling of Keir, knight, Sir William Douglas of Cavers, knight, Sir Henry Wood of Bonnington, knight, John Smith [of Grotehill], burgess of Edinburgh, Master Robert Barclay, provost of Irvine, Master Alexander Henderson, minister at Edinburgh, and Master Archibald Johnston [of Wariston], clerk to the general assembly, and in the name of the present sitting general assembly gave in to the lord commissioner and lords of privy council the petition above-written, which being read, heard and considered by the said lords, they have ordained and ordain the same to be inserted and registered in the books of privy council, and according to the desire thereof ordain the said confession and covenant to be subscribed in time coming by all his majesty's subjects of this kingdom of whatever rank and quality.
[1640/6/36]*[print] [email] [cite] [preceding] [following]
The general assembly, considering the great happiness which may flow from a full and perfect union of this kirk and kingdom by joining of all in one and the same covenant with God, with the king's majesty and amongst ourselves, having by our great oath declared the uprightness and loyalty of our intentions in all our proceedings and having moreover supplicated [John Stewart, earl of Traquair], his majesty's high commissioner, and the lords of his majesty's honourable privy council to enjoin by act of council all the lieges in time coming to subscribe the Confession of Faith and covenant, which, as a testimony of our fidelity to God and loyalty to our king, we have subscribed, and seeing his majesty's high commissioner and the lords of his majesty's honourable privy council have granted the desire of our supplication, ordaining by civil authority all his majesty's lieges in time coming to subscribe the foresaid covenant that our union may be the more full and perfect, we by our act and constitution ecclesiastical do approve the foresaid covenant in all the heads and clauses thereof; and ordain of new, under all ecclesiastical censure, that all the masters of universities, colleges and schools, all scholars at the passing of their degrees, all persons suspected of papistry or any other error, and finally all the members of this kirk and kingdom subscribe the same, with these words prefixed to their subscription: the article of this covenant which was at the first subscription referred to the determination of the general assembly, being determined, and thereby the five articles of Perth, the government of the kirk by bishops and the civil place and power of kirkmen, upon the reasons and grounds contained in the acts of the general assembly, are declared to be unlawful within this kirk, we subscribe according to the determination foresaid; and ordain the covenant, with this declaration, to be inserted in the registers of the assemblies of this kirk, general, provincial and presbyterial, for perpetual memory, and in all humility supplicate his majesty's high commissioner and the honourable estates of parliament by their authority to ratify and enjoin the same under all civil pains, which will tend to the glory of God, preservation of religion, the king's majesty's honour and perfect peace of this kirk and kingdom.
The Confession of Faith subscribed at first by the king's majesty and his household in the year of God 1580, thereafter by persons of all ranks in the year 1581 by ordinance of the lords of the secret council and acts of the general assembly, subscribed again by all sorts of person in the year 1590 by a new ordinance of council at the desire of the general assembly, with a general bond for maintenance of the true religion and the king's person, and subscribed in the year 1638 by us noblemen, barons, gentlemen, burgesses, ministers and commons then under-subscribing, together with our resolution and promises for the causes after-specified to maintain the said true religion and the king's majesty according to the confession foresaid and acts of parliament, and now, upon the supplication of the general assembly to [John Stewart, earl of Traquair], his majesty's high commissioner, and the lords of his majesty's honourable privy council, subscribed again in the year 1639 by ordinance of council and act of the general assembly.
We, all and every one of us underwritten, protest that, after long and due examination of our own consciences in matters of true and false religion, we are now thoroughly resolved of the truth by the word and spirit of God, and therefore we believe with our hearts, confess with our mouths and subscribe with our hands and constantly affirm before God and the whole world that this only is the true Christian faith and religion pleasing God and bringing salvation to man, which now is by the mercy of God revealed to the world by the preaching of the blessed evangel and received, believed and defended by many and sundry notable kirks and realms, but chiefly by the kirk of Scotland, the king's majesty and the three estates of the realm as God's eternal truth and only ground of our salvation, as more particularly is expressed in the confession of our faith established and publicly confirmed by sundry acts of parliaments, and now of a long time has been openly professed by the king's majesty and whole body of this realm, both in burgh and land, to the which confession and form of religion we willingly agree in our consciences in all points as to God's undoubted truth and verity, grounded only upon his written word. And therefore we abhor and detest all contrary religion and doctrine, but chiefly all kind of papistry in general and particular heads, even as they are now damned and confuted by the word of God and kirk of Scotland, but in special we detest and refuse the usurped authority of that Roman anti-Christ upon the scriptures of God, upon the kirk, the civil magistrate and consciences of men, all his tyrannous laws made upon indifferent things against our Christian liberty, his erroneous doctrine against the sufficiency of the written word, the perfection of the law, the office of Christ and his blessed evangel, his corrupted doctrine concerning original sin, our natural inability and rebellion to God's law, our justification by faith only, our imperfect sanctification and obedience to the law, the nature, number and use of the holy sacraments, his five bastard sacraments, with all his rights, ceremonies and false doctrine added to the ministration of the true sacraments without the word of God, his cruel judgment against infants departing without the sacrament, his absolute necessity of baptism, his blasphemous opinion of transubstantiation or real presence of Christ's body in the elements and receiving the same by the wicked or bodies of men, his dispensations with solemn oaths, perjuries and degrees of marriage forbidden in the word, his cruelty against the innocent divorced, his devilish mass, his blasphemous priesthood, his profane sacrifices for the sins of the dead and quick, his canonization of men, calling upon angels or saints departed, worshipping of imagery, relics and crosses, dedicating of kirks, alters, days, vows to creatures, his purgatory, prayers for the dead, praying or speaking in a strange language, with his processions, blasphemous litany and multitude of advocates or mediators, his manifold orders, auricular confession, his desperate and uncertain repentance, his general and doubtful faith, his satisfactions of men for their sins, his justification by works, works performed, works of supererogation, merits, pardons, peregrinations and stations, his holy water, baptising of bells, conjuring of spirits, crossing, blessing, anointing, conjuring, hallowing of God's good creatures with the superstitious opinion joined therewith, his worldly monarchy and wicked hierarchy, his three solemn vows with all his shavelings of sundry sorts, his erroneous and bloody decrees made at Trent with all the subscribers and approvers of that cruel and bloody bond conjured against the kirk of God, and finally we detest all his vain allegories, rites, signs and traditions brought in the kirk without or against the word of God and doctrine of this reformed kirk, to the which we join ourselves willingly in doctrine, faith, religion, discipline and use of the holy sacraments as lively members of the same in Christ our head, promising and swearing by the great name of the Lord our God that we shall continue in the obedience of the doctrine and discipline of this church and shall defend the same according to our vocation and power all the days of our lives, under the pains contained in the law and danger both of body and soul in the day of God's fearful judgment. And seeing that many are stirred up by Satan and the Roman anti-Christ to promise, swear, subscribe and for a time use the holy sacraments in the church deceitfully against their own consciences, minding thereby first under the external cloak of religion to corrupt and subvert secretly God's true religion within the kirk, and afterward, when time may serve, to become open enemies and persecutors of the same under vain hope of the pope's dispensation, devised against the word of God, to his greater confusion and their double condemnation in the day of the Lord Jesus, we therefore, willing to take away all suspicion of hypocrisy and of such double dealing with God and his kirk, protest and call the searcher of hearts for witness that our minds and hearts do fully agree with this our confession, promise, oath and subscription so that we are not moved for any worldly respect, but are persuaded only in our consciences through the knowledge and love of God's true religion printed in our hearts by the Holy Spirit as we shall answer to him in the day when the secrets of all hearts shall be disclosed; and because we perceive that the quietness and stability of our religion and kirk does depend upon the safety and good behaviour of the king's majesty, as upon a comfortable instrument of God's mercy granted to this country for the maintaining of his kirk and administration of justice amongst us, we protest and promise with our hearts under the same oath, hand written, and pains that we shall defend his person and authority with our goods, bodies and lives in the defence of Christ, his evangel, liberties of our country, administration of justice and punishment of iniquity against all enemies within this realm or without, as we desire our God to be a strong and merciful defender to us in the day of our death and coming of our Lord Jesus Christ, to whom, with the Father and Holy Spirit, be all honour and glory eternally.
Likewise many acts of parliament, not only in general, do abrogate, annul and rescind all laws, statutes, acts, constitutions, canons civil or municipal, with all other ordinances and practised penalties whatsoever made in prejudice of the true religion and professors thereof, or of the true kirk, discipline, jurisdiction and freedom thereof, or in favour of idolatry and superstition, or of the papistical kirk, as act 3 and act 31 of the 1st parliament, act 23 of the 11th parliament and act 114 of the 12th parliament of King James VI; that papistry and superstition may be utterly suppressed according to the intention of the acts of parliament, repeated in the 5th act of the 20th parliament of King James VI; and to that end they ordain all papists and priests to be punished by manifold civil and ecclesiastical pains as adversaries to God's true religion preached and by law established within this realm, act 24 of the 11th parliament of King James VI; as common enemies to all Christian government, act 18 of the 16th parliament of King James VI; as rebels and opponents of our sovereign lord's authority, act 47 of the 3rd parliament of King James VI; and as idolaters, act 104 of the 7th parliament of King James VI. But also in particular (in addition to the Confession of Faith) do abolish and condemn the pope's authority and jurisdiction out of this land and ordain the maintainers thereof to be punished, act 2 of the 1st parliament, act 51 of the 3rd parliament, act 106 of the 7th parliament and act 114 of the 12th parliament of King James VI; do condemn the pope's erroneous doctrine or any other erroneous doctrine repugnant to any of the articles of the true and Christian religion publicly preached and by law established in this realm, and ordain the spreaders and makers of books or libels or letters or writs of that nature to be punished, act 46 of the 3rd parliament, act 106 of the 7th parliament and act 24 of the 11th parliament of King James VI; do condemn all baptism according to the pope's kirk and the idolatry of the mass, and ordain all sayers, wilful hearers and concealers of the mass, the maintainers and resetters of the priests, Jesuits, trafficking papists to be punished without any exception or restriction, act 5 of the 1st parliament, act 120 of the 12th parliament, act 164 of the 13th parliament, act 193 of the 14th parliament, act 1 of the 19th parliament and act 5 of the 20th parliament of King James VI; do condemn all erroneous books and writings containing erroneous doctrine against the religion presently professed or containing superstitious rites and ceremonies papistical, whereby the people are greatly abused, and ordain the importers of them to be punished, act 25 of the 11th parliament of King James VI; do condemn the monuments and dregs of bygone idolatry, as going to the crosses, observing the festival days of saints and such other superstitious and papistical rites, to the dishonour of God, contempt of true religion and fostering of great error among the people, and ordain the users of them to be punished for the second fault as idolaters, act 104 of the 7th parliament of King James VI.
Likewise many acts of parliament are conceived for maintenance of God's true religion and the purity thereof in doctrine and sacraments of the true church of God, the liberty and freedom thereof in her national and synodal assemblies, presbyteries, sessions, policy, discipline and jurisdiction thereof, as that purity of religion and liberty of the church was used, professed, exercised, preached and confessed according to the reformation of religion in this realm, as for instance the 99th act of the 7th parliament, act 23 of the 11th parliament, act 114 of the 12th parliament and act 160 of the 13th parliament of King James VI, ratified by the 4th act of King Charles, so that the 6th act of the 1st parliament and 68th act of the 6th parliament of King James VI in the year of God 1579 declare the ministers of the blessed evangel, whom God of his mercy had raised up or hereafter should raise, agreeing with them that then lived in doctrine and administration of the sacraments and the people that professed Christ as he was then offered in the evangel and does communicate with the holy sacraments (as in the reformed kirks of this realm they were publicly administered) according to the Confession of Faith to the true and holy kirk of Christ Jesus within this realm, and discern and declare all and sundry who either gainsay the word of the evangel, received and approved as the heads of the Confession of Faith professed in parliament in the year of God 1560, specified also in the first parliament of King James VI and ratified in this present parliament, more particularly do specify, or that refuses the administration of the holy sacraments as they were then administered, to be no members of the said kirk within this realm and the true religion presently professed, so long as they keep themselves so divided from the society of Christ's body. And the subsequent act 69 of the 6th parliament of King James VI declares that there is no other face of kirk nor other face of religion than was presently at that time by the favour of God established within this realm, which therefore is ever styled God's true religion, Christ's true religion, the true and Christian religion and a perfect religion, which by manifold acts of parliament all within this realm are bound to profess to subscribe the articles thereof, the Confession of Faith, to recant all doctrine and errors repugnant to any of the said articles, acts 4 and 9 of the 1st parliament, acts 45, 46 and 47 of the 3rd parliament, act 71 of the 6th parliament, act 106 of the 7th parliament, act 24 of the 11th parliament, act 123 of the 12th parliament and acts 194 and 197 of the 14th parliament of King James VI. And all magistrates, sheriffs etc. on the one part are ordained to search, apprehend and punish all contraveners, for instance, act 5 of the 1st parliament, act 104 of the 7th parliament and act 25 of the 11th parliament of King James VI, and that notwithstanding of the king's majesty's licences on the contrary, which are discharged and declared to be of no force in so far as they tend in any way to the prejudice and hinderance of the execution of the acts of parliament against papists and adversaries of true religion, act 106 of the 7th parliament of King James VI. On the other part, in the 47th act of the 3rd parliament of King James VI, it is declared and ordained, seeing the cause of God's true religion and his highness's authority are so joined as the hurt of the one is common to both, and that none shall be reputed as loyal and faithful subjects to our sovereign lord or his authority but be punishable as rebels and opponents of the same who shall not give their confession and make their profession of the said true religion, and that they who after defection shall give the confession of their faith of new, they shall promise to continue therein in time coming to maintain our sovereign lord's authority and at the utmost of their power to fortify, assist and maintain the true preachers and professors of Christ's evangel against whatsoever enemies and opponents of the same, and namely against all such (of whatsoever nation, estate or quality they be of) that have joined and bound themselves or have assisted or assist to set forward and execute the cruel decrees of the Council of Trent, contrary to the true preachers and professors of the word of God, which is repeated word by word in the article of pacification at Perth, 23 February 1572, approved by parliament on 30 April 1573, ratified in parliament in 1587 and related act 123 of the 12th parliament of King James VI, with this addition: that they are bound to resist all treasonable uproars and hostilities raised against the true religion, the king's majesty and the true professors. Likewise all lieges are bound to maintain the king's majesty's royal person and authority, the authority of parliaments, without the which neither any laws nor lawful judicatories can be established, acts 130 and 131 of the 8th parliament of King James VI, and the subjects' liberties who ought only to live and be governed by the king's laws, the common laws of this realm only, act 48 of the 3rd parliament of King James I, act 79 of the 6th parliament of King James IV, repeated in act 131 of the 8th parliament of King James VI, which if they be innovated or prejudiced, the commission regarding the union of the two kingdoms of Scotland and England, which is the sole act of the 17th parliament of King James VI, declares such confusion would ensue as this realm could be no more a free monarchy because by the fundamental laws, ancient privileges, offices and liberties of this kingdom not only the princely authority of his majesty's royal descent has been these many ages maintained but also the people's security of their lands, livings, rights, offices, liberties and dignities preserved. And therefore, for the preservation of the said true religion, laws and liberties of this kingdom, it is statute by the 8th act of the 1st parliament, repeated in the 99th act of the 7th parliament, ratified in the 23rd act of the 11th parliament and the 114th act of the 12th parliament of King James VI, and 4th act of King Charles, that all kings and princes at their coronation and reception of their princely authority shall make their faithful promise by their solemn oath in the presence of eternal God, that during the whole time of their lives they shall serve the same eternal God to the utmost of their power, accordingly as he has required in his most holy word contained in the old and new testament, and according to the same word shall maintain the true religion of Jesus Christ, the preaching of his holy word, the due and right administration of the sacraments now received and preached within this realm, according to the Confession of Faith immediately preceding, and shall abolish and withstand all false religion contrary to the same, and shall rule the people committed to their charge according to the will and command of God revealed in his foresaid word and according to the laudable laws and constitutions received in this realm in no way repugnant to the said will of the eternal God, and shall procure to the utmost of their power to the kirk of God and whole Christian people true and perfect peace in all time coming, and that they shall be careful to root out of their empire all heretics and enemies to the true worship of God who shall be convicted by the true kirk of God of the foresaid crimes, which was also observed by his majesty at his coronation at Edinburgh 1633, as may be seen in the order of the coronation.
In obedience to the commandment of God, according to the practice of the godly in former times and according to the laudable example of our worthy and religious progenitors and of many yet living amongst us, which was warranted also by act of council commanding a general bond to be made and subscribed by his majesty's subjects of all ranks for two causes, one was for defending the true religion as it was then reformed and is expressed in the Confession of Faith above-written and a former large confession established by sundry acts of lawful general assemblies and of parliament, to which it has relation set down in catechisms and which had been for many years, with a blessing from heaven, preached and professed in this kirk and kingdom as God's undoubted truth grounded only upon his written word, the other cause was for maintaining the king's majesty, his person and estate, the true worship of God and the king's authority being so straitly joined as they that had the same friends and common enemies and did stand and fall together; and finally being convinced in our minds and confessing with our mouths that the present and succeeding generations in this land are bound to keep the foresaid national oath and subscription inviolable, we noblemen, barons, gentlemen, burgesses, ministers and commons under-subscribing, considering diverse times before, and especially at this time, the danger of the true reformed religion, of the king's honour and of the public peace of the kingdom by the manifold innovations and evils generally contained and particularly mentioned in our late supplications, complaints and protestations, do hereby profess and before God, his angels and the world solemnly declare that with our whole hearts we agree and resolve all the days of our life constantly to adhere to and to defend the foresaid true religion and (forbearing the practice of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the public government of the kirk or civil places or power of kirkmen until they be tried and allowed in free assemblies and in parliaments) to labour by all means lawful to recover the purity and liberty of the Gospel, as it was established and professed before the foresaid novations. And because after due examination we plainly perceive and undoubtedly believe that the innovations and evils contained in our supplications, complaints and protestations have no warrant of the word of God, are contrary to the articles of the foresaid confessions, to the intention and meaning of the blessed reformers of religion in this land, to the acts of parliament above-written, and do sensibly tend to the re-establishing of the popish religion and tyranny, and to the subversion and ruin of the true reformed religion and of our liberties, laws and estates, we also declare that the foresaid confessions are to be interpreted and ought to be understood of the foresaid novations and evils no less than if every one of them had been expressed in the foresaid confessions, and that we are obliged to detest and abhor them amongst other particular heads of papistry abjured therein. And therefore, from the knowledge and consciences of our duty to God, to our king and country, without any worldly respect or inducement so far as human infirmity will suffer, wishing a further measure of the grace of God for this effect, we promise and swear by the great name of the Lord our God to continue in the profession and obedience of the foresaid religion, that we shall defend the same and resist all these contrary errors and corruptions according to our vocations and to the utmost of that power that God has put in our hands all the days of our life, and in like manner, with the same heart, we declare before God and men that we have no desire to attempt any thing that may turn to the dishonour of God or to the diminution of the king's greatness and authority, but on the contrary we promise and swear that we shall to the utmost of our power with our means and lives stand to the defence of our dread sovereign, the king's majesty, his person and authority, in the defence and preservation of the foresaid true religion, liberties and laws of the kingdom, as also to the mutual defence and assistance every one of us of another in the same cause for maintaining the true religion and his majesty's authority with our best council, our bodies, means and whole power against all sorts of persons whatsoever, so that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in general and to every one of us in particular. And that we shall neither directly nor indirectly suffer ourselves to be divided or withdrawn by whatsoever suggestion, allurement or terror from this blessed and loyal conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends, but on the contrary shall by all lawful means labour to further and promote the same, and if any such dangerous and divisive motion be made to us by word or writ, we and every one of us shall either suppress it, or if need be shall immediately make the same known that it may be timeously obviated. Neither do we fear the foul aspersions of rebellion, combination or what else our adversaries from their craft and malice would put upon us, seeing what we do is so well warranted and arises from an unfeigned desire to maintain the true worship of God, the majesty of our king and peace of the kingdom for the common happiness of ourselves and the posterity. And because we cannot look for a blessing from God upon our proceedings, except with our profession and subscription we join such a life and conversation as beseems Christians who have renewed their covenant with God, we therefore faithfully promise, for ourselves, our followers and all other under us, both in public, in our particular families and personal carriage, to endeavour to keep ourselves within the bounds of Christian liberty and to be good examples to others of all godliness, soberness and righteousness and of every duty we owe to God and man, and that this our union and conjunction may be observed without violation, we call the living God, the searcher of our hearts, to witness who knows this to be our sincere desire and unfeigned resolution, as we shall answer to Jesus Christ in the great day and under the pain of God's everlasting wrath and of infamy and loss of all honour and respect in this world, most humbly beseeching the Lord to strengthen us by his Holy Spirit for this end and to bless our desires and proceedings with a happy success, that religion and righteousness may flourish in the land to the glory of God, the honour of our king and peace and comfort of us all. In witness whereof, we have subscribed with our hands all the premises.
The article of this covenant, which was at the first subscription referred to the determination of the general assembly, being determined, and thereby the five articles of Perth, the government of the kirk by bishops, the civil places and power of kirkmen, upon the reasons and grounds contained in the acts of the general assembly, declared to be unlawful within this kirk, we subscribe according to the determination foresaid.
[1640/6/37]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, ratify, approve and perpetually confirm the act of the general assembly held at Edinburgh in the month of August last, made upon 17 of the said month and in the 8th session of the said assembly, entitled, 'Regarding the six causes of our bygone evils', whereof the tenor follows: The king's majesty, having graciously declared that it is his royal will and pleasure that all questions about religion and matters ecclesiastical be determined by assemblies of the kirk, having also by public proclamation indicted this free national assembly for settling the present distractions of this kirk and for establishing of a perfect peace against such divisions and disorders as have been sore displeasing to his majesty and grievous to all his good subjects, and now his majesty's commissioner John [Stewart], earl of Traquair, instructed and authorised with a full commission, being present and sitting in this assembly now fully convened and orderly constituted in all the members thereof, according to the order of this kirk, having at large declared his majesty's zeal to the reformed religion and his royal care and tender affection to this kirk, where his majesty had both his birth and baptism, his great displeasure at the manifold distractions and divisions of this kirk and kingdom, and his desires to have all our wounds perfectly cured with a fair and fatherly hand; and, although in the way approved by this kirk trial has been taken in former assemblies before from the kirk registers to our full satisfaction, yet the commissioner's grace making particular inquiry from the members of the assembly now solemnly convened, concerning the real and true causes of so many and great evils at this time past had so sore troubled the peace of this kirk and kingdom, it was represented to his majesty's commissioner by this assembly that, beside many others, the main and most material causes were first the pressing of this kirk by the prelates with a service book or book of common prayer, without warrant or direction from the kirk, and containing beside the popish frame thereof diverse popish errors and ceremonies and the seeds of manifold and gross superstitions and idolatry, with a book of canons, without warrant or direction from the general assembly, establishing a tyrannical power over the kirk in the persons of the bishops, and overthrowing the whole discipline and government of the kirk by assemblies with a book of consecration and ordination, without warrant of authority, civil or ecclesiastical, appointing offices in the house of God which are not warranted by the word of God and repugnant to the discipline and acts of our kirk, and with the high commission erected without the consent of this kirk, subverting the jurisdiction and ordinary judicators of this kirk, and giving to persons merely ecclesiastical the power of both swords and to persons merely civil the power of the keys and kirk censures. A second cause was the articles of Perth, namely: the observation of festival days, kneeling at the communion, confirmation, administration of the sacraments in private places, which were brought in by a null assembly and are contrary to the Confession of Faith as it was meant and subscribed in 1580 and diverse times since, and to the order and constitution of this kirk. Thirdly, the change of the government of the kirk from the assemblies of the kirk to the persons of some kirkmen, usurping priority and power over their brethren by the way and under the name of episcopal government, against the Confession of Faith of 1580, against the order set down in the book of policy and against the intention and constitution of this kirk from the beginning. Fourthly, civil places and power of kirkmen, their sitting in session, council and exchequer, their riding, sitting and voting in parliament and their sitting in the bench as justices of peace, which, according to the constitutions of this kirk, are incompatible with their spiritual function, lift them up in worldly pomp above their brethren and do tend to the hindrance of the ministry. Fifthly, the keeping and authorising of corrupt assemblies at Linlithgow in 1606 and 1608, at Glasgow in 1610, at Aberdeen in 1616, at St Andrews in 1617 and at Perth in 1618, which are null and unlawful as being called and constituted quite contrary to the order and constitutions of this kirk received and practised ever since the reformation of religion, and with all labouring to introduce novations into this kirk against the order and religion established. A sixth cause is the want of lawful free general assemblies, rightly constituted of pastors, doctors and elders yearly or more often for matters arising, according to the liberty of this kirk expressed in the book of policy and acknowledged in the act of parliament in 1592. After the which, the whole assembly in one heart and voice did declare that these and such others proceeding from the neglect and breach of the National Covenant of this kirk and kingdom made in 1580 have been the true and main causes of all our evils and distractions, and therefore ordain, according to the constitutions of the general assemblies of this kirk and upon the grounds respectively above-specified, that the foresaid service book, books of canons and ordination and the high commission be still rejected, that the articles of Perth be no more practised, that episcopal government, the civil places and power of kirkmen be held still as unlawful in this kirk, that the above-named pretended assemblies at Linlithgow in 1606 and 1608, at Glasgow in 1610, at Aberdeen in 1616, at St Andrews in 1617 and at Perth in 1618, be hereafter accounted as null and of no effect, and that for preservation of religion and preventing all such evils in time coming general assemblies rightly constituted as the proper and competent judge of all matters ecclesiastical hereafter be kept yearly and more often for matters arising, as occasion and necessity shall require (the necessity of these occasional assemblies being first remonstrated to his majesty by humble supplication); as also that kirk sessions, presbyteries and synodal assemblies be constituted and observed according to the order of this kirk. Which act, with all and sundry the particular heads, clauses and articles contained therein, the estates now convened by his majesty's indiction, warrant and authority foresaid ratify, approve and confirm in all points, in manner as the same purports, and give thereto the strength of a law and act of parliament, and ordain execution to pass there upon as appropriate; and rescind, make void and annul all acts and decrees of parliament and council formerly made contrary and in prejudice of the said act or any part thereof.
[1640/6/38]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering that the office of bishops and archbishops and all other prelates, the civil places and power of kirkmen, as their voicing and riding in parliament, are condemned by the assemblies of this kirk, and considering the several acts and complaints of this kirk to parliaments from time to time against any persons, especially of prelates attempting to voice or do anything in name of the kirk without either bearing office in the kirk or having commission from the kirk, with her frequent supplications to the parliament for dissolving of all prelacies; considering also the petition of the commissioners of the late general assembly humbly craving the rescission of all acts of parliament which grant to the kirk or kirkmen of whatsoever sort, allowed or disallowed, as representing her or in her name the privilege of riding and voicing in parliament as prejudicial to her liberties and incompatible with her spiritual nature, declare that the sole and only power and jurisdiction within this kirk stands in the kirk of God as it is now reformed, and in the general, provincial, presbyterial assemblies of the kirk, with the sessions thereof, established by act of parliament in June 1592, chapter 114, which act the said estates, now convened by his majesty's special indiction, warrant and authority, revive and renew in the whole heads, points and articles thereof (with this express declaration: that according to the last clause in the act of the late general assembly of 17 August the necessity of occasional assemblies be first remonstrated to his majesty by humble supplication), to stand in full strength as a perpetual law in all time coming, notwithstanding of whatsoever acts and statutes made in the contrary thereof in whole or in part, which the estates convened as said is make void and annul in all time coming. And declare that it is and shall be lawful to the presbyteries of this kirk to exact and receive from subjects of all qualities their oath of the Confession of Faith and covenant, with the subscription thereof, to examine pedagogues of the sons of noblemen passing out of the country, to give them testimonials according to former acts of parliament, to give and direct admonitions private or public to persons joined in marriage for adherence, to design manses and glebes to ministers, to appoint stent masters for reparation of kirk and kirkyards and for maintenance of the masters of schools, and to stent the parishioners according to the act of parliament, admit ministers upon the presentations from the lawful patrons or by a devolved right which shall happen hereafter or to kirks which fall not under patronages likewise and as freely as they did or might have done of before, and to do all and whatsoever things which before pertained to presbyteries and were usurped by the prelates. And that notwithstanding of whatsoever acts or statutes made in the contrary in favour of bishops, archbishops or other prelates, which the estates authorised in manner foresaid make void and annul, and specially the estates foresaid make void and annul [the 231st act]† 1597 regarding the kirk and special persons and prelates voicing in parliament and representing the third estate; the 2nd act of 1606, regarding the restitution of the state of bishops and their representing the third estate; the 8th act of 1607, regarding the chapter of St Andrews; the 6th act of 1609, regarding the commissariats and jurisdiction given to bishops and archbishops; the first act of 1612, regarding the ratification of the pretended acts of the assembly at Glasgow in 1610; the first and second acts of 1617, regarding the election of bishops and restitution of chapters, without prejudice always to the ministers serving the cure of any emoluments allowed to them in part of their stipend; the first act of 1621, regarding the ratification of the articles of the pretended assembly held at Perth; and finally the estates foresaid convened by authority rescind and annul all and whatsoever acts of parliament, laws and constitutions in so far as they derogate and are prejudicial to the spiritual nature, jurisdiction, discipline and privileges of this kirk or of her general, provincial, presbyterial assemblies and kirk sessions, and so far as they are conceived in favour of archbishops, bishops, abbots, priors and other prelates or kirkmen, whatsoever their dignity, title, power, jurisdiction and estate in this kirk and kingdom, or in favour of the civil places and power of kirkmen of whatsoever sort, allowed or disallowed, for their riding, sitting and voicing in parliament, either as kirkmen or the clergy or in name of the kirk or as representing the kirk either in regard of their ecclesiastical titles, offices, places and dignities, or in regard of the temporality or spirituality of their ecclesiastical benefices or other pretext whatsoever, with all acts and constitutions of convention, council or session or other judicatory whatsoever, and all practices and customs whatsoever introduced in favour of the said offices, titles, benefices or persons provided thereto. And declare all persons civil or ecclesiastical censured, deprived, confined or banished by virtue of whatsoever acts, decreets or sentences given and pronounced by the said archbishops and bishops or others, their colleagues and associates in their ecclesiastical courts held by virtue of the acts foresaid, or by any of them, or by virtue of the pretended high commission and all acts interposed thereto against the persons foresaid for non-obedience of the foresaid acts, or any of them which are now repealed as said is, or for not acknowledging their said courts or for their pretended contumacy and non-compearance to answer before them, to be null and of no value, force nor effect, and the foresaid persons to be restored and reinstated against the same, likewise as if the same had never given nor pronounced.
[1640/6/39]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by virtue of his majesty's special authority, considering that there are diverse questions arisen in this present parliament regarding the freedom of the parliament either to choose or not to choose committees for articles, and when they resolve to choose, regarding the manner of election of them and their use and power by reason the same is not yet determined nor set down by any acts of former parliaments, for removing whereof and avoiding the great prejudice which by experience they find will hereby redound to this kingdom and to the liberty, freedom and dignity of the supreme courts of parliament, they have thought it necessary that a solid order be set down, as well declaring the liberty of the parliament in the manner of their proceedings by themselves alone or by committees for articles as prescribing the form and manner of the election of these committees for articles and designing their use, power and manner of their proceedings to be observed in all time coming; and therefore have statute and declared that, according to the liberty of all free judicatories regarding their own preparatory committees, all subsequent parliaments may, according to the importance of affairs for the time, either choose or not choose several committees for articles as they shall think expedient, and that any subsequent parliaments making election of committees for articles to prepare matters for them shall proceed in manner following, namely: that those of the noblemen shall be named and chosen by the noblemen themselves out of their number, and by the barons, commissioners of shires, by themselves out of their number, and the burgesses, commissioners of burghs, by themselves out of their number, the names of the which persons so named and chosen out of every estate (not exceeding for every committee the number prescribed by the act of parliament of 1587) being openly read and made known to the whole estates sitting in plain parliament, the said estates having received any propositions (which are ever first to be represented to themselves) by an act shall authorise the said persons with power to treat, reason or consult upon the expediency or inexpediency of such articles only as shall be committed and recommended to them by the estates and to set down such reasons and motives as they can devise whereby to enforce either the passing or rejecting of the same in parliament, to be reported with the said articles to the remainder of the said estates assembled in parliament, that they may deliberate and advise thereupon; and that after discussing of the reasons given in either for or against the same, the said estates may ordain such of the said articles as they find to deserve consideration to be formed and passed as articles to be voted in plain parliament. And in case it shall happen them to omit or forget to make report to the estates as said is of any of the said articles, with their reasons for or against the same, it shall be lawful in that case to the presenters of the said articles to propose the same again in plain parliament that they may there be determined and decided. And further, to the effect that the said estates may be in readiness to receive all articles which shall be given in and presented to the parliament and either to give answer thereto themselves if they shall think it expedient or otherwise recommend the same to the said committee to be digested by them and reported as said is, it is thought fit and declared that the rest of the estates by and beside those of the several committees of the articles shall be held continually to sit for receiving, advising and discussing of all articles, propositions and overtures, and matters shall be presented to them from the beginning of the parliament to the closure thereof, and likewise after all the said articles are passed and discussed by the said estates in manner foresaid, that they shall take such a competent time as they shall think requisite, according to the number and importance of the affairs in hand, to revise and consider the same again before the day of voting, that they may be well and ripely advised relating thereto.