Imatges de pàgina
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1661. ty, or his commissioner, so no acts nor statutes to be passed in any parliament, can be binding on the people, or have the authority and force of laws, without the special approbation of his majesty, or his commissioner, interponed thereto, at the making thereof: that the power of arms, making of peace and war, and making of treaties with foreign princes and states, or at home by subjects among themselves, doth properly reside in the king's majesty, his heirs and successors, and is their undoubted right, and theirs alone; and that it is high treason in the subjects of this kingdom, or any number of them, upon whatsomever ground, to rise or continue in arms, to maintain any forts, garrisons, or strengths, to make peace or war, or to make any treaties or leagues with foreigners, or among themselves, without his majesty's authority first interponed thereto: that it is unlawful for subjects of whatsomever quality or function, to convocate, convene, or assemble themselves, to treat, consult, or determine in any matters of state, civil or ecclesiastic, (except in the ordinary judgments) or to make leagues or bonds upon whatsoever colour or pretence, without his majesty's special consent and approbation had thereto : that the league and covenant, and all treaties following thereupon, and acts

whom (according to the undoubted right of the crown) he hath, or shall think fit to call to his councils, or any public employments, shall be so qualified; and that for the full satisfaction of all his good subjects, and for removing any scruples or jealousies can arise upon this account, they shall, before their admittance to, or exercise of any such trust, give such public testimony of their duty and loyalty, as may evidence to the world, they are such as the kingdom, and all honest men and good subjects may justly confide in. And therefore the king's majesty, with advice and consent of his estates of parliament, doth statute and ordain, that all and whatsoever person or persons, who are or shall be nominate by his majesty, to be his officers of state, of his privy council, session, or exchequer, justice general, admiral, sheriffs, commissar, and their deputes, and clerks, and all magistrates and council of royal burghs, at their admission to their several offices, and before they offer to exerce the same, shall take and swear the oath of allegiance, hereunto subjoined. And also, that all other persons, who shall be required by his majesty's privy council, or any having authority from them, shall be obliged to take and swear the same.

And since all the troubles and miseries that have overspread this kingdom, and almost de

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or deeds that do or may relate thereunto, are not obligatory, nor do infer any obligation upon this kingdom, or the subjects thereof, to meddle or interpose by arms, or any seditious way, in any thing, concerning the religion and government of the churches in England and Ireland, or in what may concern his majesty's government there: and that none of his majesty's subjects should presume upon any pretext of any authority whatsomever, to require the renewing or swearing of the said league and covenant, or of any other covenants, or public oaths concerning the government of the church or kingdom; and that none offer to renew or swear the same, without his majesty's special warrant and approbation, &c.

"I do, conform to the acts of parliament aforesaid, declare, that I do with all humble duty, acknowledge his majesty's royal prerogative, right and power, in all the particulars, and in the manner aforesaid; and that I do heartily give my consent thereto, by those presents, subscribed by me at

This instrument, assertory of the king's prerogative, which all persons, as above, were to subscribe, comprehends all they had declared in their foregoing acts; and by it, the signers consented to the king's absolute power, owned the unlawfulness of resisting

stroyed all religious and civil, all public and private interests, these twenty years bygone, and upwards, have arisen and sprung from these invasions that have been made upon, and contempts done to the royal authority and prerogative of the crown, his majesty conceives himself obliged, both for his own royal interest, and for the public interest and peace of his people, to be careful to prevent the like for the future. And therefore his majesty, with advice foresaid, statutes and ordains, that all persons who are, or shall be called to any public trust, as said is, shall, beside the taking of the oath of allegiance, be obliged, before they enter to their offices and trusts, to assert under their handwriting, his majesty's royal prerogative, as is expressed in the acts passed in this present parlia ment, and in the manner hereunto subjoined: certifying all such as, being required, shall refuse or delay to take the oath of allegiance, they shall not only thereby render themselves incapable of any public trust, but be looked upon as persons disaffected to his majesty's authority and government; and such as shall refuse or delay to assert his majesty's prerogative, in manner underwritten, shall from thence forth be incapable of any public trust within this kingdom.

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the vilest tyrant, and materially renounced the year 1633. At first they talked that work of reformation in Scotland, begun only of rescinding the parliament 1649, at our secession from popery, and revived because the engagement had then been disand carried on in the year 1638, approven approven: but quickly their design took air, once and again by the king and parliament; to raze all; and after by their former acts, and, which is more, signally owned of God. the king had got in his hands all that was This declaration with the oath of allegiance, lately called the liberties of the kingdom, and became the trying badges of loyalty; and privileges of parliament, it is now boldly whenever any suspected person was sisted enough resolved upon, to rescind all done in before the council, or other courts, or magis- parliament since the year 1633, and to retrates, those two were offered him: if he move the civil sanction given to the general swallowed them, he was dismissed; if he re-assembly at Glasgow, and those which folfused, this was turned to a libel, and no mercy for him. In considering the former acts, remarks have been made upon most part of the clauses of this declaration, and I shall not repeat them. In short, by the general imposing of it, the courtiers endeavoured to make the prince absolute, cramp religion, and alter both the frame and principles of the civil and ecclesiastic government here. This declaration must be subscribed, which, as to truth and persuasion, is much the same with its being sworn, under the penalty of being reputed disloyal and disaffected; and the refusal of it made a person incapable of all public trust. And yet not a few assertions are in it, far above the capacities of many upon whom it was imposed; so that they could not make this declaration with knowledge and in truth: thus it became a plain stumblingblock, an occasion of sinning, and a snare to the consciences of many; and the sufferings to be narrated," immediately from God Almighty alone;" a which followed upon the refusal of this declaration, and the former oath, are purely upon conscience and principle, and can never be alleged to be for rebellion; unless every thing that runs cross to the methods of a corrupt and imposing time, must be so named. I hope the reader will remark it, that till the rising at Pentland, which was the native consequent of this and other impositions, little other reason was pretended or given for the cruelties exercised upon multitudes, save their refusing this involved, ambiguous, complex, and unreasonable oath and subscription.

lowed; and to abolish all laws made in favour of our church government and covenants.-When this motion was first made, it appeared so choking, that it was laid aside, or rather delayed for some months; but when all the former acts had gone glibly through, the managers, hoping nothing would be stuck at, come briskly to overturn all that had been a building since the year 1638, and they cass and rescind all that was done in former times by king and parliament, with the greatest solemnity and unanimity; and at one stroke, to take away the greatest human securities which could be given to a church or nation.

The three following acts are purely civil, and about the granting of money to the king. But in the 15th act, they come at one dash, to rid themselves of all the parliaments since

From their former success, the compilers of those acts grow in boldness. In the narrative of the (present) act, they call all done these twenty-three years, "troubles upon the specious, but common pretext of REFORMATION, the common cloak of all rebellions," and declare his majesty holds the crown

proposition which will not hold of any monarch ever upon the earth, unless it be Moses, king in Jeshurun, and a few more under the Old Testament. (And) though in this act they grant, the acts now rescinding were agreed to by king and parliament, yet, in order to bury the covenants under reproach, they add, that the covenanters did most unworthily engage "to subvert his majesty's government, and the public peace of the kingdom of England;" which is notoriously contrary to the very letter of the covenants. Many other things are asserted here as matters of fact, which might easily be disproved; but this would lead me too far into the history of former times.

Upon those perversions of matter of fact, and wrong reasonings, they rescind all the

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parliaments from the (year) 1640 to 1648, inclusive. A friend may go with a foe, and therefore in this good company, they rescind the act 1648, approving the engagement, which by their own 9th act they had just now ratified; at least that favourite act is not excepted, and therefore, it would seem, is included in the strong and general rescissory terms. To smooth a little so harsh a treatment of our constitution, attained with so great pains, and so much valued lately, an indemnity is promised; and yet much more was to be done, before that favour was granted to Scotland, and it was a long time before it was published. It had not been unusual to rescind particular acts of former parliaments; but I find few instances before this, of voiding and cassing parliaments by the lump and wholesale: none must now be spared, (not even) the parliament 1641, wherein king Charles I. was personally present, nor that 1641, where their beloved engagement was approven; neither does that at Perth, 1651, where his majesty himself was present, escape by this procedure.

When thus the guards, outworks and bulwarks of the church are demolished, they come next to blow up her government itself by their 16th act, "concerning religion and church government." This being one chief foundation of twenty-seven years' melancholy work in Scotland, I have added it. * In it as in the whole of the present procedure, the reader cannot but observe their singular ingratitude, and ungenerous treatment of min

isters, and other presbyterians, to whom the king owed his restoration so much, and who had so firmly stood by his interests under the usurpation. What the miracles in this, and other acts, so much talked of in the king's restoration, were, I am yet to learn. A gracious promise follows, " to maintain the doctrine and worship established in the king's father and grandfather's time;" which is a glorious commentary upon the king's letter to the presbytery of Edinburgh. By this a door is opened to bring in books and bishops, at least the articles of Perth. How well the exercises of religion, public and private, were encouraged, will appear by the subsequent acts of parliament and council, and their rigorous execution.

The government of the church is promised to be " secured, as the king finds most consistent with scripture, monarchy, and peace;" and in the mean time, synods, presbyteries and sessions are allowed for a few weeks; and yet, as we shall find, synods are violently abridged in their liberty, and interrupted. Thus in as dark and insensible a manner as might be, presbytery is abolished, prelacy brought in, and the government of the church is left ambulatory, and to be settled, as the king sees good, without an act of parliament; and dying presbyterian government was scarce permitted to live out this year.

I have it from one who lived at this time, and was no stranger to court measures, that before the passing of this act, the commissioner advised the matter with a few of his

Act concerning religion and church gov

ernment.

Our sovereign lord, being truly sensible of the mercies of Almighty God towards him in his preservation, in the times of greatest trouble and danger, and in his miraculous restitution to his just right and government of his kingdoms, and being desirous to improve these mercies, to the glory of God, and honour of his great name, doth, with advice and consent of his estates of parliament, declare, that it is his full and firm resolution to maintain the true reformed protestant religion, in its purity of doctrine and worship, as it was established within this kingdom, during the reigns of his royal father and grandfather of blessed memory: and that his majesty will be careful to promote the power of godliness, to encourage the exercises of religion, both public and private, and to suppress all profaneness and disorderly walking; and for that end, will give all due countenance and

protection to the ministers of the gospel, they containing themselves within the bounds and limits of their ministerial calling, and behaving themselves with that submission and obedience to his majesty's authority and commands, that is suitable to the allegiance and duty of good subjects. And as to the government of the church, his majesty will make it his care, to settle and secure the same, in such a frame as shall be most agreeable to the word of God, most suitable to monarchical government, and most complying with the public peace and quiet of the kingdom. And in the mean time, his majesty, with advice and consent foresaid, doth allow the present administration by sessions, presbyteries and synods, (they keeping within bounds, and behaving themselves as said is) and that notwithstanding of the preceding act, rescissory of all pretended parliaments, since the year one thousand six hundred and thirty-eight.

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close friends, the register, Sir John Fletcher,, dently framed to be a snare unto Sir George Mackenzie of Tarbet, and Ur- ministers; and their refusing obequhart of Cromarty, a cousin of Sir George's, dience to it, was one of the first grounds of who had lately counterfeit the protester, their sufferings, in a little time. and some time after this ended miserably; whether he should pass this act, which he knew to be the king's darling design, or delay it a while, and go to London first to acquaint the king, how much he had done for his service, and receive the beginnings of his reDie ward. Sir Archibald Primrose advised him to bring in bishops surely, but slowly; for if he were soon through his work, he might come the sooner to lose his power. The commissioner answered, "The parliament was now at his beck, and he loved to serve his master genteelly, and do his business at one stroke." This resolution was applauded, as noble and generous, by the rest of his confidants: so the matter was agreed on in private, and carried stitch-through in public, as it stands in the act. However, afterwards, the first appeared to be the best advice; for in a little time Middleton and his confidants were out of all office in Scotland, the planting of bishops here, being like the building Jericho of old.

Since by the former act prelates are materially brought in, and bishops could never stand alone in Scotland; the parliament's next work is to support them, when the king shall please to name them, with holidays and patrons. Accordingly their 17th act is for keeping the 29th day of May, as a religious anniversary; it is annexed. It was evi

*Act for a solemn anniversary thanksgiving for his majesty's restoration to the royal government of his kingdoms.

The estates of parliament of the kingdom of Scotland, taking to their consideration the sad condition, slavery, and bondage, this ancient kingdom hath groaned under, during these twenty-three years' troubles; in which, under the specious pretences of reformation, a public rebellion hath been, by the treachery of some, and mispersuasion of others, violently carried on against sacred authority, to the ruin and destruction, so far as was possible, of religion, the king's majesty, and his royal government, the laws, liberties, and property of the people, and all the public and private interests of the kingdom; so that religion itself, which holds the right of kings to be sacred, hath been prostitute for the warrant of all these treasonable invasions made upon the royal authority, and disloyal limitations put upon the allegiance of the subjects; and bath it not also been pretended unto, for the warrant of all those vile and

Upon reading the narrative (of this act), one will be ready to think the parliament have forgot their design, and are framing the causes of a fast, instead of an act for a thanksgiving; and it was much that any, who retained any respect for the former work of reformation, had freedom to keep the day upon such an introduction. The statutory part will be yet more surprising: they ordain "the 29th day of May to be for ever set apart as an holy day unto the Lord, and to be employed in prayer, preaching, thanksgiving, and praises to God. All servile work is discharged, and the remaining part of the day is to be spent in lawful divertisements suitable to so solemn an occasion." What a pity was it that a book of sports was not framed for Scotland upon this occasion, as was in England in the king's father and grandfather's time, a period set up now so much for a rule? It was certainly unreasonable to set this, or any other day apart “for ever as a holy day to the Lord," according to their own principles; and even the favourers of holidays must own it. One may suppose it possible, that upon a 29th day of May, a prince, fully as good and pious as king Charles I. might come to be beheaded by another Cromwell, and a sectarian faction; and then ask those gentlemen, whether it could be for ever kept as a holy day of praise

bloody murders, which, in high contempt of Almighty God, and of his majesty's authority and laws, were, under colour of justice, committed upon his majesty's good subjects, merely for the discharge of their duty to God, and loyalty to the king? Hath not that royal government, under whose protection this nation hath, to the envy of the world, been so famous for many ages, been of late trodden under foot, and new governments and governors established, and kept up without his majesty's authority, and against his express commands? Hath not law, which is the birthright and inheritance of the subject, and the security of their lives and fortunes, been laid in the dust, and new and unjust edicts and orders past and published, for subjecting both life and fortune, and what else was dear unto any of his majesty's good subjects, to the cruel and ambitious lusts of some usurping rulers? Hath not religion and loyalty been the only objects of their rapine and cruelty? And hath not their new and arbitrary exactions and burdens upon the

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and thanksgiving to the Lord? and as the institution of this, or any other day, to be a "holy day for ever," is what is really beyond the power of creatures, who know not what may fall out, so the following clause is a banter upon what is sacred with themselves. First, the day is set apart "for ever to be kept holy to the Lord," and then" divertisements" are appointed for the spending the day, after public worship is over and if their own practices, who were managers, may be allowed to be a just commentary upon their "lawful divertisements," we shall soon see what they were, horrid impieties, revelling, drinking, and excess of riot; and I doubt not but this prostituting of what they professed to believe as sacred, and holy time, was an inlet to that fearful wickedness, debauching of consciences, and corruption in morals, which became so common at this time.

The reader must guess, whether there were any fears in the house, that by those preceding acts, a door might be opened to

profaneness. But as if there had been a connexion betwixt keeping the 29th of May, and prostituting the sabbath of the Lord, their 18th act is "for the due observation of the sabbath," and the 19th " against swearing, and excessive drinking;" both of them very good acts, and not unnecessary after the 17th, and those which went before: but the practice of many of the lawgivers, in cursing, swearing, and sabbath-breaking, was a lamentable directory to the lieges, how to keep their laws, and the grossest and most shameless contempt that ever lawmakers put on their own infant laws.

Further, to secure their designed model of church government now coming in, they reintroduced the unreasonable and antichristian burden of " patrons and presentations," upon this church. That heavy grievance had been happily removed by an act of parliament, March 9th, 1649. This reasonable statute not being in every body's hands, I have added it (as under).* It did not satisfy our managers to have this act re

people, exceeded in one month whatever had ninth day of May, (which day God Almighty been formerly in many years paid to any of the hath specially honoured, and rendered auspicious kings of this kingdom? And when the best of to this kingdom, both by his majesty's royal birth, men, and the most excellent of the kings of the and by his blessed restoration to his governearth, had, in an unusual way of confidence, ment) be for ever set apart as an holy day unto rendered his person to the trust and loyalty of the Lord, and that in all the churches of the his native subjects, was not the security of reli- kingdom it be employed in public prayers, gion pretended unto by some, who then gov- preaching, thanksgiving, and praises to God, erned in church and state, for the ground of that for so transcendent mercies: and that all trade, base (and never enough to be abhorred) transac- merchandise, work, handy-labour, and other tion, in leaving such a prince, their native and ordinary employments be forborne, and the dread sovereign, to the will of these who were remaining part of the day spent in such lawful in open rebellion, and for the time had their divertisements as are suitable to so solemn an swords in their hands against him? And that occasion. And it is hereby recommended to all when by these and many such like undutiful ministers of the gospel, and to all sheriffs, juscarriages, the king's majesty was removed from tices of peace, and other public ministers in the his kingdoms, the foundations of this ancient several counties, and to all magistrates within and well constitute government was overturned, burghs, to be careful, that for this present year. the liberties and property of the people inverted, and in all time coming, the twenty-ninth day of and this kingdom exposed to be captives and May be accordingly kept and observed within slaves to strangers, and nothing left unto them their several jurisdictions. And for the speedbut the sad meditation of their increasing miser-ier and more full intimation hereof to all his ies, and the bitter remembrance of their bypast disloyalties: yet even then it pleased Almighty God to compassionate their low condition, and, by the power of his own right hand, most miraculously to restore the king's most sacred majesty, to the royal government of his kingdoms; and thereby to redeem this kingdom from its former slavery and bondage, and to restore it to its ancient and just privileges and freedom. And the king's majesty acknowledging, with all humility and thankfulness, the goodness, wisdom, and power of God, in this signal act of his mercy to him and his people, doth, with advice and consent of his estates of parliament, statute and ordain, that in all time coming there be a solemn yearly commemora tion of the same: and for that end, the twenty

majesty's subjects, it is appointed these presents be printed, and published at all the marketcrosses of the royal burghs.

*Act abolishing Patronages, March 9th, 1649. The estates of parliament, being sensible of the great obligation that lies upon them by the national covenant, and by the solemn league and covenant, and by many deliverances and mercies from God, and by the late solemn engagement unto duties, to preserve the doctrine, and maintain and vindicate the liberties of the kirk of Scotland, and to advance the work of reformation therein, to the utmost of their power; and considering, that patronages and presentations of kirks is an evil and bondage, under which the Lord's people, and ministers of this land,

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