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Act for securing of religion and the work of reformation
At Stirling, 30 May 1651. Our sovereign lord and estates of parliament, having in the last session of parliament at Perth on 19 March 1651 proposed to the commissioners of the general assembly this following query, namely: whether or not it be sinful and unlawful for the more effectual prosecution of the public resolutions for the defence of the cause of the king and kingdom to admit such persons to members of the committee of estates who are now debarred from public trust, they being such as have satisfied the church for the offence for which they were excluded and are since admitted to enter in covenant with us; likewise having upon 8 March 1651 sent a letter to the commission of the general assembly expressing a desire of a more ample resolution in relation to the persons debarred from public trust, namely: that his majesty and estates of parliament, being desirous that all grounds of misunderstandings amongst the subjects of this kingdom be removed and that there may be a hearty and unanimous concurrence in the defence thereof against the common enemy, and for that end that the acts of classes (which are conceived to be a great obstruction in the way of that unanimity which is so necessary at this time of so great and common a danger) may be taken away and rescinded, do intreat most earnestly a meeting of the commission may be called to be at Perth on 17 April, that, after a due consideration of the acts and declarations emitted by the church and the other grounds contained in the narratives of the mentioned acts of classes in so far as conscience may be concerned therein, his majesty and parliament have a positive answer not only to the last query in the terms wherein it was proposed, but have likewise their clear and deliberate judgement and resolution if it be sinful and unlawful to repeal and rescind the acts of classes which apparently will tend to unity. And it being now in this parliament humbly desired by the said commission before they give in any judgement concerning the aforesaid questions that the particulars after-following offered by them be enacted in parliament as necessary for the security of religion, the work of reformation and persons who have been steadfast in the covenant and cause, and as agreeable to the former grounds and principals which ought to be inviolably observed, and our sovereign lord and estates of parliament having taken the same into consideration, they do ratify and approve all laws and acts of parliament which are for establishing and promoting religion and the work of reformation, especially such as have been since the year 1648 for that effect, and declare this general ratification thereof without the particular enumeration of the same to be as valid and sufficient as if they were particularly set down herein, and ordain the same to be necessary for the good and security of religion, the work of reformation and persons who have been steadfast in the covenant and cause upon former grounds to stand unrepealable in all times coming. Likewise our sovereign lord and estates of parliament ratify and approve the act of parliament of the date 17 February 1649, entitled 'Act for keeping judicatories and places of trust free of corruption' in all the heads and articles thereof, ordaining the same to be inviolably observed and kept as a perpetual law in all time coming. As also our sovereign lord and estates of parliament ratify and approve all places of power and trust in the judicatories, armies and offices of estate, and ordain that all who have been put in the said places and offices since the year 1648 or who are therein at this present time shall continue therein and enjoy the same according to their several rights thereto and according to the laws of the kingdom already made for that effect, providing always that they be answerable for any faults committed by them in their said offices and places or which they shall happen to commit against the laws and acts of parliament made or to be made in any time hereafter. Likewise it is statute and ordained that any of the present members of parliament now presently sitting therein or any that shall be admitted hereafter to sit therein shall never directly nor indirectly seek or endeavour to repeal any of the laws and acts of parliament aforesaid. As also it is further statute and ordained that all persons whatsoever and every one of them that are excluded from offices and places of trust in parliament or elsewhere, and who have been or shall be admitted hereafter either to sit in parliament or to the exercise and enjoyment of their office and place of trust or power, shall give bond to the estates of parliament, they being sitting, or to such as shall be authorised by the estates of parliament in the interval of parliament for that effect, that they shall never directly or indirectly seek or endeavour to repeal any of the aforesaid laws and acts of parliament, and that they shall never directly or indirectly seek to revenge themselves in any way upon any man for opposing them in the matter of the sinful Engagement or for opposing them or censuring them for any malignant course whatsoever; and that they shall not at any time quarrel nor endeavour to alter any of the said offices and places of trust or power as they are presently possessed according to the several persons' rights thereof, contrary to this present act of parliament. With certification that if any of the aforesaid persons formerly excluded as said is and who are already admitted or who shall happen to be admitted hereafter either to sit in parliament or to the exercise and enjoyment of any office or place of trust or power shall fail herein and do in the contrary hereof, and that the same being found and declared by the parliament or committee of estates (at least a third part of the number of the members of the said committee being present, and the party complained upon being cited to compear before the said committee upon 21 days free if he be within the kingdom and 60 days if he be without, or by the privy council, the majority thereof being present, and there being commission standing for a committee of estates, the party likewise complained upon being cited upon the same free days as before the committee of estates) that they be declared against in so doing as malignants and returners to their former sinful ways and shall lose their capacity of sitting in parliament or of enjoying of any other office or place of trust or power wherein they are for the time and shall be thereafter removed from their position; and the place to be declared void and to be filled according to the laws of the kingdom.
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Answer to the parliament's queries
Perth, 24 May 1651
The commission of the general assembly, having proposed to them by the king's majesty and the honourable estates of parliament upon 19 March 1651 this query:
Whether or not it be sinful and unlawful, for the more effectual prosecution of the public resolutions for the defence of the cause of the king and kingdom, to admit such persons to be members of the committee of estates who are now debarred from the public trust, they being such as have satisfied the kirk for the offence for which they were excluded and are since admitted to enter in covenant with us.
Likewise having received from his majesty and the estates of parliament upon 3 April 1651 a letter bearing date at Perth, 31 March 1651, expressing a desire of a more ample resolution in relation to the persons debarred from the public trust, namely:
That his majesty and estates of parliament, being desirous that all grounds of misunderstanding among the subjects of this kingdom be removed and that there may be a hearty and unanimous concurrence in the defence thereof against the common enemy, and for that end that the acts of classes (which are conceived to be a great obstruction in the way of that unanimity which is so necessary at this time of so great and common danger to all) may be taken away and rescinded, do intreat most earnestly a meeting of the commission may be called to be at Perth on 17 April, that after a due consideration of the acts and declarations emitted by the church and the other grounds contained in the narrative of the mentioned acts of classes in so far as conscience can be concerned therein, his majesty and parliament may have a positive answer not only to the last query in the terms wherein it was proposed, but likewise have their clear and deliberate judgment and resolution if it be sinful and unlawful to repeal and rescind the acts of classes, which apparently would tend to unity.
And having received from his majesty and the committee of estates upon 23 April a letter bearing date at Dunfermline, 19 April 1651, with all earnestness renewing their former desire that the commission would give a clear and positive answer to the query formerly proposed to the parliament to be kept at Stirling or elsewhere as shall be thought fit on 21 May, do humbly return this answer:
That least any aspersion should be cast upon us of encroaching upon or intruding ourselves into the office of the civil power and authority, we declare that we do not assume to ourselves and that it is not competent to us but only to the king and parliament to make or repeal acts of parliament, and therefore that as the commission of the kirk had not hand in making of the act of classes, so neither do we take upon us to determine the keeping up or rescinding and repealing the same. Yet being required by his majesty and the estates of parliament to give our judgment and advice in point of conscience whether or not, considering the grounds contained in the narrative of the act of classes, namely: the Solemn League and Covenant, the solemn acknowledgment of sins and engagement, declarations emitted by the church and the Engagement and promise made by the committee of estates to the kingdom of England, it be sinful and unlawful to admit to be members of the committee of estates persons formerly debarred from the public trust or to rescind and repeal the acts of classes, we declare that as for any engagement or promise made to the kingdom of England concerning not admitting to places of power and trust persons accessory to the sinful Engagement against that kingdom, we know nothing of the nature or grounds thereof, and therefore leave it to the estates of parliament themselves to consider how it does oblige or not oblige in the present condition of affairs in these kingdoms. But as for the Solemn League and Covenant and solemn acknowledgment and engagement and former declarations, we do find that they do not particularly determine any definite measure of time of excluding persons from places of trust for bygone offences, but only bind and oblige appropriately to punish offenders as the degree of their offences shall require or deserve, or the supreme judicatory of the kingdom or others having power from them for that effect shall judge convenient to purge all judicatories and places of power and trust, and to endeavour that they may consist of and be filled with such men as are of known good affection to the cause of God and of a blameless and Christian conversation (which is a moral duty commanded in the word of God and of perpetual obligation); so that nothing upon the account of these grounds does hinder but that persons formerly debarred from places of power and trust for their offences may be admitted to be members of the committee of estates, and the censures inflicted upon them by the acts of classes may be taken off and rescinded without sin by the parliament (in whose power it is to lengthen or shorten the time of such censures accordingly as they shall find just and necessary), providing they be men who have satisfied the church for their former offences, have renewed or taken the covenant and be qualified for such places with the qualifications required in the word of God and expressed in the solemn acknowledgment and engagement, namely: that they be men of known good affection to the cause of God and of a blameless and Christian conversation, which ought always carefully to be observed and made conscience of though there were no such act of classes, to the effect that no persons get such power and trust put in their hands as may be prejudicial to the cause of God.
A. Kerr
30 May 1651
Read and remitted to be taken into consideration by the several bodies with what shall be done in relation to the act of classes.