[1649/1/43]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in this second session of the second triennial parliament by virtue of an act of the committee of estates, who had power and authority from the last parliament for convening the parliament, considering that forasmuch as the late committee of estates did in the indiction of the parliament by their act of 27 October last declare and warn as after-follows: namely that whereas the corruption of judicatories within this kingdom and officers of state and other persons in public trust has been the cause and fountain from where our former evil has proceeded, and whereas by our solemn acknowledgement agreed upon by church and state we are bound to God, by our Engagement to England we are bound to them and by the aforenamed and public declaration we are obliged before the world to endeavour the purgation and reformation of our judicatories and places of public trust. And forasmuch as the aforesaid persons and all who are in public trust are liable to the judgement and censure of parliament for their procedure in their several places and offices, likewise by the agreement at Edinburgh and Stirling all such as have been employed in public place and trust and have been accessory to the late unlawful Engagement should forbear the exercise of their places in the meantime and all questions are referred to the determination of the parliament. And whereas by the said treaty all those who have been accessory to the said Engagement are challengeable for their said accession, at the least in so far as concerns their places and public trust and the debarring of them from any of these, therefore the committee of estates did thereby warn and cite all and every one of those who exercised any office, place or public trust and who were members or clerks of any public judicatory of whatsoever degree, quality or condition in burgh or land within this kingdom and have been accessory to the late Engagement, or are guilty of the faults mentioned in the printed acts of 22 September and 4 October, to compear before the estates of parliament at Edinburgh on 4 January instant in a peaceable way, accompanied only with their own domestic servants, to hear and see the parliament take such course as they in their justice and wisdom for the good of the kingdom shall think fit for purging the judicatories and for declaring their places vacant and filling them with such as are able and qualified persons, fittest for the service and may give most contentment, and as have continued constant in the covenant and cause in the time of trial, and for debarring those who are put out from any other public places or trust during such time and in such manner as the estates of parliament shall think fit. With certification to every one of the persons concerned as is above-named and warned by the said proclamation (which the committee of estates declare that they find it a sufficient intimation in this notorious case of so great and public a backsliding to all persons concerned therein for the effect aforesaid, to be esteemed by them equivalent to a personal citation or at their dwelling house upon particular summons against every one of them) to compear before the estates of parliament as is before said, and if they compear not that the estates will proceed both to determine the general question and the particular concerning their places and trust and take what further course they shall think fitting for the good of the kingdom. And forasmuch as the estates of parliament being now convened have ratified the aforesaid act in all the heads thereof and by open proclamation intimated the same, likewise they have made their solemn acknowledgement of the public sins and breaches of the covenant and their solemn engagement to all the duties contained therein, namely those which in a more special way do relate to the dangers of these times, and in relation thereto have renewed their Solemn League and Covenant before God and by their act of 16 January instant have disclaimed and condemned the late unlawful Engagement as contrary to God's word and a manifest breach of covenant and treaties as destructive to the cause and covenant, to religion, the king and these kingdoms and is the cause of all the oppressions and miseries that has followed or may follow thereupon; and therefore, and for many other reasons, have annulled and repealed all acts made by the late parliament and committee of estates in prosecution thereof, and have ratified and approved the protestation in parliament and opposition thereafter made by this kingdom against the authors and abettors thereof and the late treaty made at Stirling, debarring all accessory to that unlawful Engagement from the exercise of their places or public trust until the meeting and determination of this present parliament, to whom all civil questions are referred. And likewise have confirmed the assurance given by the committee to the kingdom of England that we should not admit any of these authors or abettors of the late Engagement to any public place or trust without the consent of that kingdom against which their Engagement was, as is more fully expressed in their answer of 6 October last. And whereas the estates of parliament are not only satisfied with the truth, lawfulness and necessity of the aforesaid grounds, but also are convinced in their consciences from the word of God, from the large treaty between the kingdoms and from their oath of parliament, from their Solemn League and Covenant (especially from the second, fourth and fifth articles thereof), and from sad and dear bought experience that the malignant dealing of some and the profane loose walking of others who have been members of judicatories and employed in places of power and public trust have been a chief cause of all the evils, both of sin and punishment, under which the land now groans; and that the Lord requires in his word that those who judge and bear charge amongst his people should not only be able men but such as fear God, hate covetousness and deal truly, and that it is of special importance for the remedy of all our evils and for securing and advancing of religion and righteousness, for keeping a right understanding between the kingdoms, and for prosecuting all the ends of the Solemn League and Covenant, and for removing the judgement of God, and preventing or disappointing all the designs and opposition of enemies of all sorts, and for procuring the blessing of God upon the whole land, that men not only of known ability but also of approved integrity and constant affection to the cause and good and Christian conversation be entrusted in all judicatories and places of power and trust, according to the seventh desire of the commissioners of the church given in to the last parliament as so absolutely necessary for securing religion, which by the Engagers themselves in the treaty at Stirling is submitted to the church's determination. Which determination anent the qualifications aforesaid is clearly set down in the 5th, 6th, 7th, 10th and 12th pages of the acknowledgement and their declaration emitted to the world. Therefore the estates of parliament, remembering well the laudable precedents of the parliaments of 1641 and 1646 and several others for purgation of the judicatories and places of trust, and considering that all persons, both by the common law, by many acts of parliament and the nature of their place and trust, are accountable for their proceedings in their several places and trust, which they have for life without offence, and pondering how great a fault it is to have had any hand or accession in the enacting or enforcing or prosecuting so unlawful an Engagement, thereby drawing on the land so far as they could the wrath of God and all the miseries of a war with our brethren of England against covenant, treaties and many warnings from the church, and contrary to the petitions from many synods, presbyteries and shires and the solemn protestations of so great a number of each estate in parliament, they do, in pursuance of their solemn acknowledgment, performance of their vows to God, declaration emitted to the world and assurance given to the kingdom of England, both in the large treaty of 1641 and late answer of 6 October last, and for satisfying the kirk's just desires for purgation and reformation of our judicatories and for determination of this question anent places of trust, referred by the treaty of Stirling to their determination, and for deterring all others in this or in subsequent generations who shall be entrusted with public power and place from drawing on this nation the guiltiness and misery of inoffensive, unnecessary and unlawful war and against covenant and treaties and public warnings from kirk, judicatories and shires, and for encouraging all who shall be in public place or trust in times of new straits and trials to abide constantly by the cause and covenant, and to give evident testimonies thereto against all defection and apostasy; the estates of parliament, upon this and many other great and weighty considerations moving and pressing them to this necessary duty, do therefore declare, enact and ordain that all those officers of state, members or clerks of the parliament, committees thereof, secret council, [session]†, exchequer, justice courts, commission for plantation of churches or conservation of the peace, sheriff courts, stewart courts, bailie courts, commissary courts, bailies of regality courts, warden courts of his majesty's mint-house, admiral court, guild court, town council or any other public judicature or deacons of crafts, and all who had any office, place or public trust, and all having deputation from or dependence upon any of the aforesaid, who were guilty of any of the faults contained in any of the four several classes after-mentioned shall be removed and secluded from public trust according to the several rules respectively after-following, namely: The first class: the estates declare all those to be comprehended in the first class who were general officers who led and accompanied the army into England, and all those officers that continued in the Engagement who commanded the forces at Mauchline Moor or at Stirling, and all those who were principally active in persuading or bringing over the forces from Ireland, and all those persons who were plotters, chief actors and prime promoters of the late unlawful Engagement from the beginning to the end thereof in parliament, committees or otherwise. And likewise all those who were chief actors and prime promoters of the horrid rebellion of James Graham, [earl of Montrose] and who since have either accepted charge or joined as volunteers in the said unlawful Engagement or taken the oath in committees or subscribed the bond for themselves or others for the Engagement, or sat in the committees or other meetings and gave order for prosecuting the said Engagement, or who otherwise gave or received and executed orders against others for prosecuting the Engagement. As also such clerks of parliament, committees thereof, secret council or session who were guilty of any of the faults contained in any of the classes at St Andrews and retaining their former principles of malignancy and have been active in their places or employments for promoting the late unlawful Engagement. The second class: the estates also declare all those to be comprehended in the second class who (not being included in the first class) have been formerly classed or censured for malignancy or guilty of the crimes contained in the first and second classes at St Andrews of the date at St Andrews, the [...] day of [...] 16[...] and since have either accepted charge or joined as volunteers in the said unlawful Engagement, or taken the oath in committees or subscribed the bond for themselves or others for the Engagement, or sat in committees or other meetings and gave order for prosecuting the said Engagement, or who otherwise gave or received or executed orders against others for prosecuting the said Engagement. And likewise all those persons, although not formerly classed and not being included in the first class, who were officers which were upon any of the expeditions into England or Scotland for the said Engagement. And likewise all those who concurred in petitions, protestations, remonstrances or letters for moving the parliament or committees to carry on the Engagement. And likewise all those who protested against the cause of the fast or the kirk's declarations or petitions of the presbyteries or kirk sessions against the Engagement, or read or caused read at kirk doors the committee's observations against the assembly's declaration, or interrupted divine service or magistrates and persons of quality or who removed at the reading of the assembly's declaration. Likewise all those who not only took the oath enjoined by the last parliament for the Engagement in committees or subscribed the bond or declared themselves ready to do the same, but also seduced others or protested against others for not taking the oath or not subscribing the bond. Likewise all those who enjoined and pressed others to subscribe the bond or take the oath for carrying on the Engagement, and likewise all those who concurred as members or clerks in acts of parliament and committee of estates for prosecuting the said Engagement or for pressing others thereto, and such who consulted and gave advice for penning or prosecuting the process against the honest ministers who were at Mauchline Moor or any others for their opposing or not joining in the Engagement. The third class: the estates likewise declare all those to be comprehended in the third class who (not being included in the first or second classes) sat in parliament and committee of estates and took the oaths aforesaid for the Engagement, or sat as clerks in any of these or any other judicatories and gave no public testimony against the said Engagement carried on therein by their service, or were any way known to have been for the same in their judgement manifested by their expressions and actions. Likewise all those persons who have taken the oath aforesaid or subscribed the bond for the Engagement, or who in committees of war or other meetings, town council or other courts have refused or opposed the desires of any petitions from shires, presbyteries, sessions or other kirk judicatories against the Engagement, or concurred in acts to force the dissenters, petitioners or others to concur in the first or second levies or other accession to the said Engagement or with the forces under [John Lindsay], earl of Crawford [Lindsay], [William Hamilton], earl of Lanark and George Munro. And likewise all such who were either forcers, urgers or seducers of others to concur in the said Engagement or with the aforesaid forces, and likewise all those who accepted commissions to be officers or joined as volunteers to the forces under [James Hamilton], duke of Hamilton or the earls of Crawford Lindsay, Lanark or George Munro. Likewise all persons who in their speeches and actions did evidence their judgements for and affection to that sinful course, or who (in such a time of trial, after such petitions from the shires and such declarations and warnings from the church evidencing to all the unlawfulness of the Engagement against covenant and treaties) did not give any countenance to the cause or testimony of their judgement and affection against such a defection and dangerous war when and where they had the opportunity to do it with others. The fourth class: the estates of parliament in the same manner declare all those to be comprehended in the fourth class who, being members of judicatories, clerks and persons in public trust as aforesaid, are given to uncleanliness, bribery, swearing, drunkenness or deceiving or are otherwise openly profane and grossly scandalous in their conversation, or who neglect the worship of God in their families. The estates declare, enact and ordain that all such officers of state, members of any judicatory, clerks and others before mentioned and all persons in public place and trust who are guilty of any of the faults before specified contained in any of the four classes above set down be presently removed by this parliament or such committees and persons as shall be by them authorised with power to that effect from their present places and offices and all other public trust mentioned in the act of classes at St Andrews, or which has deputation from or dependence upon any of the aforenamed judicatories or officers (without prejudice of the suspension of them in the meantime from the exercise of their places, according to the treaty and former acts of committee ratified in parliament), and that these places belonging to them for life without offence be declared vacant and filled with other persons who are known to be free of these faults, and not only to have sufficient ability, but also who have given real proof of their affection constantly to the cause and a good conversation. And that those who hereupon shall be removed from their places and offices are hereby discharged from meddling thereafter in any exercise, badge or benefit thereof under the pain of confiscation of their moveables, liferent of their estates, imprisonment of their persons and being for ever declared incapable of the meanest public trust within the kingdom. Likewise the estates of parliament, upon the manifold grounds aforesaid, do declare, enact and ordain that none of those persons who are guilty of any of the crimes contained in the first class shall ever be capable of or admitted to any public office, place or trust aforementioned within this kingdom during all the days of their lifetimes. Likewise they declare, enact and ordain that none of those who are guilty of any of the crimes mentioned in the second class shall be capable of or admitted to any public office, place or trust before mentioned within this kingdom for 10 years to come and further until they have given sufficient evidence of their change of their malignant principles and practices and of their firm resolution and affection to promote the ends of the covenant in all times of subsequent trial, whereof the judicatories of the church and state respectively, having power for that effect, are to judge impartially as in God's sight, and thereby have given satisfaction to the kirk and to both kingdoms so far wronged by them, according to the assurance given on 6 October last. Likewise the estates declare, enact and ordain that that no person who is guilty of any of the faults contained in the third class (excepting those as are excepted below) shall be capable of or admitted to any public place, office or trust aforementioned within this kingdom during five years to come and further until they have given sufficient evidence of their change of their malignant principles and practices and of their firm resolution and affection to promote the ends of the covenant in all times of subsequent trial, whereof the judicatories of kirk and state respectively, having power for that effect, are to judge impartially as in the sight of God, and thereby have given satisfaction to the church and both kingdoms so far wronged by them, according to the assurance given on the 6 October last. Excepting those who before the time of promoting the Engagement were known to have been honest in the cause of God and not malignant and who were known by their carriage to have been against the Engagement in their judgement, and did concur in petitioning, dissenting, protesting or rising in arms or otherwise did bear testimony against it as they had opportunity, and who, not knowing the nature and drift of the bond and oath for the Engagement, were deceived and ensnared to the subscribing or taking of the same. Which persons, having the aforesaid qualifications and giving satisfaction to the church, are remitted to the next session of the parliament; at which time, according to their repentance and carriage, they may be declared capable of public places and trust so far as the parliament shall think them fit. Likewise the estates declare, enact and ordain that no person guilty of any of the faults contained in the fourth class shall be capable of or admitted to any public place or trust aforementioned within this kingdom for a year to come and further until they have given to the judicatories of the church and state respectively sufficient evidence of their change of their profane and scandalous life and of their firm resolution and constant endeavour for a good and Christian carriage and conversation (whereof the judicatories of church and state shall judge impartially as in God's sight), and this without derogation of the former laws made against the same. Likewise it is hereby declared that where any persons are excluded by the former classes from the exercise of their heritable offices, that during the time of their seclusion these places shall be supplied by such deputes as the parliament, committee of estates or others authorised by parliament shall appoint to serve therein for the interim. It is always hereby declared that this present act shall not be extended to those minors who being guilty of any of the faults aforesaid shall (within three months after the publication hereof if they be within the kingdom, and if they be without the kingdom within the same space after their return to the country) give sufficient evidence to the judicatories of church and state respectively having power for that effect of their repentance and of the change of their malignant principles and practices, and of their firm resolution and endeavour to promote the ends of the covenant in all times of subsequent trials and shall behave themselves accordingly to their majority and who within six months after their majority shall ratify the same. It is declared that this act is without prejudice to what further censure the estates shall think fit to inflict upon those who are guilty of the faults aforesaid and have not by their due acceptance the benefit of the treaty at Edinburgh and Stirling. The said estates declare that they reserve to themselves the consideration of such persons as may fall under the exception of the third class and what shall be done concerning them in the committees of war of the several shires when the committees shall be nominated. And the said estates ordain the act aforesaid to be published at the market cross of Edinburgh by a herald having displayed arms by sound of trumpet and thereafter ordain the same to be printed.