Chapter LXIV: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (61)

The Scottish Deputies proceeded to England, and, in October, entered on their task of negotiation upon the principles embodied in their instructions, urging the King’s acquiescence in the Covenant as a means of insuring support in all his legitimate prerogatives, against those who now avowed hostility to monarchy. Beset and bewildered amidst the conflicting and irreconcilable propositions of the two Parliaments and the army, his Majesty at length, on the 11th of November, made his escape from Hampton Court, and, two days after, took refuge in Carisbrook Castle, in the Isle of Wight; his intention of leaving the country having been baffled, and his person still remaining in the power of what may justly be called the rebel or revolutionary party, in the English Parliament and army, under the guidance of Cromwell and Vane.

On his flight, the King left messages to be communicated to Parliament,[364] expressing his favourable opinion of Episcopacy, yet consenting that Presbytery should be established for three years, but with toleration to all who could not submit to it conscientiously. These terms were not acceptable to the Scottish Commissioners, falling far short of what their constituents and the Covenanters insisted on; but they were entirely disregarded by the English Parliament, who, without ever consulting them, passed four Acts, which were entirely on civil points, and substantially denuded the King of every vestige of royalty. The Scottish Commissioners indignantly remonstrated against these Acts as a breach of the treaty with Scotland, and proceeded to the Isle of Wight, where they advised the King against assenting to these Bills, which would subject himself and his people to a military despotism; and formally protested against these domineering ordinances of the English Parliament. Separate negotiations with the King were carried on by them, and speedily digested into a treaty, which soon after became but too well known under the name of “The Engagement.” A brief retrospect, however, is requisite before the nature of that treaty is explained.

It is but a debt of justice, which we are gratified to pay to our countrymen, when we reiterate, from the authentic record, that in these very delicate and perplexing circumstances, Lord Loudoun, Chancellor, and his colleagues of the Commission, did all that loyal and brave men could do, under their instructions, to rescue their Sovereign from the grasp of a set of infuriated and armed democrats. So early as 13th August preceding, the Scottish Parliament had adopted a Declaration and Remonstrance, expressive of their resolution “to redeem his Majesty from the hands of schismaticks, and place him in his Parliament with honour and safety—to procure the peace of the three kingdoms, &c.—all which are not only endangered, but, by likelihood, ready to be destroyed by the power of an overawing tyrannical army, under the conduct of Sir Thomas Fairfax;” and to this was added an oath, taken by the Parliament of Scotland, and ordered to be taken by all his Majesty’s loyal subjects, in which they vowed to “maintain and defend with our lives, powers, and estates, his Majesty’s royal person, honour, and estate, as is expressed in our National Covenant, and likewise the power and priviledges of Parliament, and the lawful rights and liberties of the subject.” After referring to doctrines held by the English Parliament, that _kingly government was inconvenient_, and the King a _public enemy_; that it contemplated the new and arbitrary modelling of Parliament, and the ruin and destruction of the House of Lords;—the declaration referred to, concluded with an intimation, that, failing a remedy for these impending breaches of treaty and loyalty on the part of the English usurping Parliament, the Scottish nation would make such provision of arms and other military forces, as might secure their religion and their King, kingdom, and parliament.[365] In pursuance of this resolution, a corps of 3,500 men, under General David Leslie, was cantoned at Jedburgh, and along the Border.

On the 14th of September, (1647,) the King’s answer to the propositions which had been sent him, was read in the Parliament, to the effect that he would give full satisfaction to his people for whatsoever should concern the settling of the Protestant profession, with liberty to tender consciences, and the securing of the laws, liberties, and properties of all his subjects, and the just privileges of Parliament, for the future.[366] This, after various and long discussions, they held to be a refusal of their propositions; and, on the 22d of that month, resolved, “to fall directly upon the settlement of the kingdom, by establishing such additional laws as might make for the present and future good of the kingdom, turning the propositions into Bills and Acts;[367]” and ultimately agreed that tender consciences should be freed, by way of indulgence, from the penalty of the statute for the Presbyterian government on account of their nonconformity, who do meet in some other congregation for worship on Sunday,—that Papists should be subject to penalties in the statute of Elizabeth against them, but no indulgence should extend to tolerate the use of common prayer in any place whatsoever.[368] On the 18th of October, the Commons sent up sixteen propositions to the Lords, to be sent to the King, among which were these:—That the militia should be under the direction of Parliament for twenty years; that bishops, deans, and chapters, should be abolished; that the bishop’s lands should be sold; that the great officers of State should be chosen by Parliament; and that Presbytery should be established for three years.[369]

Meanwhile, the army was also engaged in the work of legislation. The agitators of sixteen regiments concocted proposals, which were laid before Parliament on the 1st November, for a reform in the parliamentary representation—for triennial parliaments—for a power in the Commons to erect and abolish all offices and courts; and that, in matters of religion, there should be no parliamentary legislation whatever—“the ways of God’s worship are not at all intrusted by us to any human power.”[370]

In these circumstances, the Scottish Commissioners did their duty manfully: on the 5th of November, they sent a letter to the Speaker of the Commons, complaining of the violence done to the King’s person by the army, and of his being still detained in captivity; and intimated “that no alteration of affairs shall ever separate them from the duty and allegiance they owe unto his Majesty, nor from their constant resolution to live in loyalty under his government;” requiring the English Parliament to concur with them in a personal treaty with his Majesty.[371] At that time, it appears, the Scottish clergy, of all parties, were unwearied in their invectives against the English Parliament and army; and a spirit of hostility was thus fostered and awakened against them.[372] Such was the state of matters when the King escaped from Hampton Court; and, on the 15th of November, letters were received by both Houses from Hammond, the governor, announcing his Majesty’s arrival at the Isle of Wight. Of the proceedings which took place on the part of the Scottish Commissioners, from the time of their first communications with his Majesty in October, till the completion of the engagement in December following, we deem it unnecessary to give the details and documents fully, as these are recorded by Burnet, and may be consulted.[373] The Scotch Commissioners, however, were zealous, and, so far as we can see, honest in their counsels to the King to put his veto on the four bills. The consequence of the King’s refusal to pass these bills in the end of December was, that he was committed a close prisoner in Carisbrook Castle, by orders of the English Parliament. From that time forward his Majesty was hedged about by the creatures of the levelling faction; his letters intercepted even from the Queen and his daughter; and an English Parliament did not scruple to violate all the sanctities of domestic affection, and to subject these documents to the scrutiny of committees of their appointment.

We must now revert to the proceedings in Scotland arising out of the state of affairs in England, which we have now briefly explained; and although there were many circumstances of a cheering nature, calculated to redeem the national character from the obloquy into which it had fallen in consequence of its participation in the rebellious proceedings of the English usurpers, yet was there a great preponderance of perilous anarchy; and it was at this particular period that a collision arose betwixt the Kirk and the State, which, within a very short space, rent the strength of the kingdom in pieces, and subjected it to the deepest humiliation.

On the 8th of February, 1648, the Grand Committee of the Estates convened at Edinburgh, and adjourned to the 10th on account of the absence of the Scots Commissioners. On the 9th, the Commission of Assembly also met; and, on the 10th, the Committee of the Estates re-assembled, when Loudoun, and the other Scots Commissioners, made reports of their proceedings in England during their recent mission. The discussions which thence arose, and the courses which followed, are of so important a character as to require particular detail, in order to illustrate fully the sad state of distraction and disorganization into which the kingdom had fallen.

The first session of the second triennial Parliament was holden at Edinburgh on the 2d of March, 1648, and, on the 17th, it appointed a committee for preventing dangers—Berwick and Carlisle being garrisoned with malignants. The same day, answers were made to the communication from the Commission of Assembly, in which the Estates pledged themselves “that the grounds and causes of undertaking of war be cleared to be so just as that all who are well affected may be satisfied in the lawfulness and necessity of the ingadgment;”[374] that religion and the maintenance of the Covenant should be the principal end of all the undertakings of this kingdom; and they desired a Committee of the Church to meet a Committee of Estates on the 24th, to draw up such a state of the question of war, as might unite the nation in a unanimous undertaking of such duties as were requisite for the reformation and defence of religion.

After intervening conferences, the Estates, on the 11th of April, passed an act anent the Resolutions of Parliament, concerning the breaches of the Covenant and treaties betwixt the kingdoms of England and Scotland, and demands for reparation thereof.[375] They waived mention of the non-payment of arrears due on the “brotherly assistance,” and the allowance for the Scottish army in Ireland, (amounting to £312,000 sterling;) and also waived adverting to the disavowal, by the English, of the treaty of 28th November, 1643: and enumerating all the breaches of treaty on the part of the English Parliament, the act concludes with three propositions:—_1st_, That effectual steps be taken for enforcing the adoption of the Covenant by all the subjects of the Crown of England, conformably to the treaty 1643, which declared all recusants to be public enemies, and liable to punishment—that uniformity and Presbyterianism be settled, and the Directory for worship and Westminster Confession be adopted, and all heresies and the Service Book be suppressed and extirpated: _2dly_, That the King should go with all honour, freedom, and safety, to some of his houses in or near London; and that the Parliaments of both kingdoms might communicate with him for establishing religion and peace;—and, _3dly_, That the army of sectaries, under the command of Fairfax, be disbanded, and none be employed but such as should take the Covenant, and be well affected to religion and government.

Next day an act was passed for putting the kingdom in a posture of defence, and constituting committees of war in the several counties; and on the 19th, the Estates adopted a Manifesto or Declaration to the nation concerning their Resolutions for Religion, King, and Kingdoms,[376] in which an elaborate exposition is given of all the causes of complaint against the English Parliament. It sets forth that every article of the League and Covenant had been violated and, in the recent negotiations with the King, entirely set aside—that heresy and schism were tolerated—that the King’s person had been violently seized and kept a close prisoner—and it embodied a reiteration of the propositions above stated, to be made to the English Parliament. Disavowing any intention of invading England, or breaking up the amicable relations betwixt the kingdoms, the manifesto stated that the object of their engagement should be the settling of truth and peace under his Majesty’s government, and that they would not join with any who should not sign the Solemn League and Covenant; and it concluded by a call on all who had zeal for religion, love to monarchical government, or sense of the sufferings and imprisonment of the King, to support the cause thus proclaimed to the nation.

On the 11th of May, the Estates granted commission to a committee, during the recess of Parliament, with ample powers, and addressed a letter to the several presbyteries within the kingdom, exhorting the clergy to stir up the people, by their preaching and prayers, to yield a willing obedience to the orders of Parliament in the furtherance of its objects. The Parliament then adjourned till the 1st of June.[377]

During the progress of these proceedings, there were many altercations betwixt the Committees of Parliament and Assembly; and a virulent opposition arose, which completely severed and crippled the power of Scotland at so important a crisis. The principles of this kirk party are thus briefly given by Dr Cook,[378] as vouched by Guthrie, Baillie, and Burnet:—“The Ministers, led by Gillespie, who shewed the most inveterate enmity to Charles, required that all classes should take an oath for preserving the ends of the Covenant. This oath, which was zealously defended by Argyle, comprehended the following particulars, sufficiently shewing the virulence of party spirit which prevailed—That, except the King did first subscribe and swear to both Covenants, it was not lawful for any to endeavour his restitution—that there should be no communication with malignants in any of the three kingdoms—that a negative voice should not be given to the King—that these articles should be incorporated with the Coronation oath—and that all who refused to swear to them should be incapable of any office, civil or ecclesiastical, and should forfeit their estates. Against this the Parliamentary Commissioners firmly remonstrated; and an attempt was made by the more moderate ministers to soften some of the articles, combining them with parts of a declaration which the Committee had prepared; but all prospect of union was destroyed by the determination of the Church party to oppose a resolution by the Estates for taking possession of Berwick and Carlisle, with a view to facilitate future warlike operations.”

Such a course of opposition, and based upon such principles, needs no commentary: it was resolved on, with the concurrence of Argyle, and some English Commissioners then in Scotland. During the recess of Parliament, in addition to their wonted modes of agitation from the pulpits, petitions came up from synods requiring Parliament to do nothing important without the concurrence of the General Assembly; and the Commission more openly obtruded its interference during the time that the muster of levies was in progress—drew up an answer to the Declaration of Parliament which was circulated through the Presbyteries, denouncing the resolution which had been adopted by Parliament, ordaining the Ministers to read the counter manifesto from their pulpits, and threatening all with excommunication and the divine wrath who should enrol under the standard of the King and Scottish Parliament. A more monstrous instance of usurpation is nowhere to be found in the past history of the Reformed Church; and even Baillie, one of those who was a party to these extravagant pretensions to political power, is constrained to deplore the consequences which flowed from it. “The danger of this rigidity,” he remarks, “is like to be fatal to the King—to the whole isle—both churches and states. We mourn for it to God. Though it proceed from two or three men at most, yet it seems remediless. If we be kept from a present civil war, it is God, and not the wisdom of our most wise and best men, which will save us. I am more and more in the mind that it were for the good of the world that churchmen did meddle with ecclesiastick affairs only; that, were they ever so able otherwise, they are unhappy statesmen.”[379] But still these misguided men persevered. The Commission presented new remonstrances when the Parliament re-assembled, in the beginning of June; and issued an order to all ministers to preach against the Engagement, under the pain of deposition—an order which disgusted many of the clergy, and divided the Church and the country into two parties, known in our history by the names of Resolutioners and Protesters—the former being in favour of the Engagement for the restoration of the King and Constitution, even clogged with the Covenant; the latter insisting on the supremacy of the Kirk and Covenant, over King, Parliament, and People.

This state of matters could not be tolerated by any civil government and legislature pretending to have even the remotest semblance of authority; and accordingly, on the 10th of June, 1648, two Acts were passed—the one “ordaining all ministers to exhort their people to obedience to the laws of the kingdom, and assuring these ministers of their stipend during their lifetime;” the other ordaining the haill members of Parliament, and all other subjects and inhabitants of the kingdom, “to subscribe that act for defence of the lawfulness of this Parliament, and obedience to the acts thereof!”[380] The former of these narrates that, “having, for the satisfaction of all his Majesty’s good subjects, emitted a declaration containing the grounds of their present resolutions, and expecting an humble obedience and hearty concurrence of all his Majesty’s good subjects, especially of the ministry, to this their pious and loyall undertaking; _yet_ they finde that, contrary to diverse standing laws and Acts of Parliament, some of them are so far from giving obedience thereunto, that they, both in their sermons, inveigh against it, and in their private discourse and otherwise, labour, so far as is in their power, to stir up the people to an open opposition against the authority and proceedings of Parliament. Neither do they meet with this obstruction by particular ministers, but also even in these who are now entrusted in the Commission of the General Assembly, as will appear by their Act of the 5th of June instant, whereby they do recommend to the Presbyteries that, if any ministers be found who do not declare themselves against the present ingagement, nor joyne with their brethren in the common resolutions against it, nor give publick information to the people of the unlawfulnesse thereof, they may be referred to the next General Assembly, and if any of them have already declared themselves for it, that they be presently censured; whereby the estates findes that, to the great scandal of reformed religion and Presbyteriall Government, they do not only lay a heavie yoke on the consciences of their brethren, who, in conscience of their dutie, finde themselves obliged to give obedience to the lawes of the Kingdom, but also _usurp a power upon themselves to be judges of the lawes and of the proceedings of Parliament_, who, by the fundamental laws of the Kingdom, have in them the only legislative power,” &c. And on these grounds they ordain the ministers to stir up the people to reverence and obey the laws and ordinances of Parliament. The other, and relative Act, enjoins subscription to it; obliging all the King’s lieges to support Parliament and its constitutions.

Besides these Acts, a further declaration of Parliament was issued, in answer to supplications from Synods and Presbyteries, (who seem to have taken the entire affairs of the country into their own hands, there being no other similar applications from any other classes of the community,) in which the purpose of upholding religion and the Covenant is repeated; and it is declared, “Our undertaking shall not be in any wayes against the Kingdom of England, or to break the union between the two nations, but only for reformation and defence of religion, the honour and happiness of the King and his royal posterity, and the peace and safety of these Kingdoms, against such who have destroyed religion and imprisoned our King”—requiring from the clergy and all the King’s good subjects a ready obedience to the command of the Parliament and Committee of Estates.[381] These declarations were accompanied by numerous others, for levying and organizing an army to carry this national enterprise into effect. And, on the 10th of June, after passing these various statutes applicable to the state of public affairs, and investing committees with full powers to carry them into effect, the Parliament adjourned itself to the first Thursday of March, 1650.

We have deemed it fitting—passing over minor occurrences and the details of party coalitions and matters connected with military preparations—to present thus fully, from the parliamentary record, the leading points in the transactions of Scotland in the earlier part of the year 1648; and we shall now present, in all their fulness, the Acts of the General Assembly which met on the 12th of July that year, immediately after the adjournment of Parliament. The position of the church and country at that time can only be duly appreciated by viewing, in connection, the corresponding movements of the two conflicting authorities by which Scotland was so miserably rent and distracted. The effects will be more decisively developed in the introduction to the Assembly of the following year.

THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY CONVEENED AT

EDINBURGH, JULY 12, 1648.

Iuly 12, 1648. Post Meridiem. Sess. I.

_The Letter from the Synod of Divines in England to the Generall Assembly._

Right Honourable, right Reverend, and dearly beloved Brethren in
JESUS CHRIST,

As we have great cause to blesse God for the brotherly Union of these
two Nations in the common Cause of Religion and Liberty, and for that
good hand of blessing which hath accompanied the joynt endeavours
of both, in the prosecution thereof: So we cannot but be sadly
and deeply sensible of those many obstructions and difficulties,
wherewith God in his wisdom hath seen good to exercise his Servants
in both Kingdoms in the carrying on of that work, wherein they stand
so much ingaged. Herein he hath clearly manifested his own power,
wisdom, and goodnesse for our incouragement to trust him in the
managing of his own Work, and our utter inability to effect it of
our selves; thereby to train us up to a more humble and faithfull
dependency upon him to do all, when we by our own wisdom and strength
can do nothing. Our perplexities we must confesse, are and have been
many, and yet in the midst of them all we cannot but thankfully
acknowledge it as a token for good, and that wᶜʰ hath bin and still
is a great comfort and refreshing to our hearts, that God hath given
you wisdom timely to foresee approaching dangers, but especially to
behold, as the stedfastnesse of your Faith, in that both formerly
you have been and at present are able to trust God in straits and to
appear for him in greatest dangers, so your eminent faithfulnesse and
integrity in your firm adhering to your first principles, and chiefly
in your constancy and zeal for the preservation and prosecution of
the Solemn League and Covenant, so Religiously ingaged in by both
Kingdoms: In your vigorous pursuance whereof, with much thankfulnesse
to God, We are very sensible more particularly of your steering so
steady and even a course between the dangerous rocks of Prophanesse
and Malignancie on the one hand, and of Errour, Schisme, Heresie and
Blasphemy on the other hand; as also of your constant desires and
endeavours to preserve the Peace and Union between the two Nations so
nearly and so many wayes United. In all which we humbly acknowledge
the mercy and faithfulnesse of God in guiding you so graciously
hitherto; and through his assistance we shall still be ready to
afford you the best help and incouragement of our prayers and praises
to God on your behalf; having this confidence that he who hath
already vouchsafed you and us so many blessed pledges of his favour,
will in his own time and way accomplish his own Work, which so much
concerneth his own Glory and his Peoples good. To his most gracious
protection and guidance in these doubtfull and dangerous times we
humbly commend you and all your holy endeavours, and rest.

_Subscribed in the name and by the appointment of the whole Assembly by us_,

CHARLES HERLE, _Prolocutor_.
WILLIAM GOUGE, _Assessor_.
HENRY ROBROUGH, _Scriba_.
ADONIRAM BYFIELD, _Scriba_.

Westminster, June 7, 1648.

DIRECT

To the Right Honourable, Right Reverend, the Generall Assembly of the
Church of Scotland, or their Commissioners.

* * * * *

Iuly 15. Ante Meridiem. Sess. IV.

_Act concerning Commissions from Burghs._

It is resolved by the Generall Assembly, untill the matter concerning Commissioners from Burghs be further thought upon, That in the mean time according to the ordinary practise no Commission to the Generall Assembly be admitted from Burghs, but such as shall be consented to, and approven by the Ministry and Sessions thereof; the persons elected being always Elders.

* * * * *

Iuly 18, 1648. Ante Meridiem. Sess. VI.

_Act concerning the examining of the proceedings of the Commissioners of Assemblies._

The Generall Assembly renews and revives the Act of the Assembly holden at Bruntiland Anno 1601, concerning the examination of the proceedings of the Commission of the Generall Assembly, tenour whereof follows. “The Assembly hath Ordained that in every Assembly to be conveened in all time coming such as shall happen to be appointid Commissioners from the Generall Assembly, to endure while the Assembly next thereafter, shall give an account of their proceedings during the whole time of their Commission in the beginning of the Assembly, before any other cause or matter be handled, and their proceedings to be allowed or disallowed as the Assembly shall think expedient.”

* * * * *

Iuly 18, 1648. Post Meridiem. Sess. VII.

_Approbation of the proceedings of the Commission of the preceding Assembly._

The Generall Assembly having examined the proceedings of the Commission of the preceding Assembly, especially their Declarations, Remonstrances, Representations, Petitions, Vindication, and other Papers relating to the present Engagement in War, Do unanimously finde that in all their proceedings, they have been zealous, diligent and Faithfull in discharge of the trust committed to them; And therefore ratifie and approve the whole proceedings, Acts and conclusions of the said Commission, and particularly their Papers relating to the said Engagement, and their judgement of the unlawfulnesse thereof, Appointing Mr John Moncrieff Moderator _pro tempore_ to return them hearty thanks in name of the Assembly for their great pains, travells and fidelity in matters of so great concernment to the Cause of God and to this Kirk, amidst so great and many difficulties.

* * * * *

Iuly 20, 1648. Post Meridiem. Sess. X.

_Approbation of the larger Catechisme._

The Generall Assembly having exactly examined and seriously considered, the larger Catechisme agreed upon by the Assembly of Divines sitting at Westminster with assistance of Commissioners from this Kirk, Copies thereof being Printed, and sent to Presbyteries for the more exact tryall thereof, and publick intimation being frequently made in this Assembly, that every one that had any doubts or objections upon it, might put them in; Do finde upon due examination thereof, That the said Catechisme is agreeable to the Word of God, and in nothing contrary to the received Doctrine, Worship, Discipline and Government of this Kirk, a necessary part of the intended Uniformity in Religion, and a rich treasure for increasing knowledge among the people of God: And therefore the Assembly, as they blesse the Lord that so excellent a Catechisme is prepared, so they Approve the same as a part of Uniformity; Agreeing for their part, that it be a common Catechisme for the three Kingdoms, and a Directory for Catechising such as have made some proficiency in the knowledge of the grounds of Religion.

* * * * *

Iuly 21, 1648. Ante Meridiem. Sess. XI.

_Act against sudden admitting deposed Ministers to particular Congregations._

The Generall Assembly considering the danger of sudden receiving of deposed Ministers at this time when Malignancy is likely to spread; Therefore finding it necessary untill the ends of the Solemn League and Covenant be setled and secured to restrain the suddenness of admitting deposed Ministers to particular charges; Do ordain that notwithstanding any License to be granted for opening the mouths of deposed Ministers yet they shall not be actually admitted to any particular Congregations without consent of the Generall Assembly; Declaring for such as have already their mouths opened before the time, that if any calling to a particular charge offer unto them before the next Assembly, it shall be sufficient for them to have the consent of the Commissioners of this Generall Assembly.

* * * * *

Iuly 25, 1648. Ante Meridiem. Sess. XIV.

_The Assemblies Answer to the Paper sent from the Committee of Estates of the 24 July._

The Generall Assembly having considered the Paper of the 24 July delivered to them from the conference, and having compared it with the other Paper of the 17 of July presented from the Honourable Committee of Estates whereunto it relates, and with the Declaration lately emitted by the Committee to the Parliament and Kingdom of England, finde that it is supposed by their Lordships, that we may be satisfied in point of the security of Religion according to the Covenant, notwithstanding of the present engagement in war; The Assembly do therefore in answer to the said Paper declare,

That we see no possibility of securing Religion; as long as this unlawfull Engagement is carried on, Religion being thereby greatly endangered.

1. Because none of the just and necessary desires of the Commission of the late Generall Assembly for securing Religion have bin granted or satisfied; More particularly it was represented to the High and Honourable Court of Parliament, that for securing of Religion, it was necessary that the Popish, Prelaticall and Malignant party, be declared Enemies to the Cause upon the one hand, as well as Sectaries upon the other, and that all Associations, either in Forces or Councels with the former as well as the latter be avoided. That his Majesties Concessions and offers concerning Religion, sent home from the Isle of Wight, be declared by the Parliament to be unsatisfactory, That before his Majesties restitution to the exercise of his Royall power, assurance be had from his Majesty by his solemn Oath under his hand and Seal for setling Religion according to the Covenant, That their Lordships should keep themselves from owning any quarrell concerning his Majesties Negative voice, That the managing of the publike affairs, might be entrusted onely to such persons as have given constant proof of their integrity, and against whom there is no just cause of exception or jealousie, and that there might be no Engagement without a solemn Oath, wherein the Kirk ought to have the same interest they had in the Solemn League and Covenant; All which are more particularly expressed in the Papers given in by the Commission of the late Assembly to the Parliament; notwithstanding the Engagement hath been carried on without satisfaction to these and the like desires, and so without giving security in the point of Religion, but with great and manifest danger to the same.

2. As the happy Union of the Kingdoms, by the Solemn League and Covenant hath been justly looked upon as a speciall means for preserving and strengthening the true Reformed Religion in this Island, So it is no lesse weakened and hurt by endeavouring a breach between these Kingdoms; Which howsoever disclaimed, is yet manifest from the reality of the publike proceedings in this Engagement, and namely from the neglect of endeavouring a Treaty between the Kingdoms for preventing of War and bloodshed as was earnestly desired, from their associating and joyning with known Malignants and Incendiaries, and such as have been declared Enemies to this Cause, from their entring the Kingdom of England with an Army, upon the grounds of the Declaration of the Parliament, which cannot but infer a National quarrell against the Parliament and Kingdom of England, and from their garrisoning the frontire Towns of that Kingdom.

3. The Engagement is carried on by such means and ways, as tend to the destroying of Religion, by ensnaring and forcing the consciences of the people of God with unlawfull Bands and Oathes, and oppressing the Persons and Estates of such as have been most active and zealous for Religion and the Covenant. All which is strengthened and authorized by Acts of Parliament, appointing that all that do not obey, or perswade others not to obey the Resolutions of Parliament and Committee anent this Engagement, or who shall not subscribe the Act and Declaration of the 10 June, 1648, imposed upon all the Subjects, shall be holden as enemies to the Cause and to Religion, and have their persons secured and their Estates intrometted with.

4. The Engagement is carried on, not without great encroachments upon the Liberties of the Kirk, as we are ready to clear in many particulars.

Wherefore the security of Religion, and carrying on of the present Engagement being inconsistent, We do propose for the necessary security and safety of Religion, that all the dangers thereof may be taken to consideration, and amongst the rest the said Engagement as one of the greatest which yet being established and authorized by Act of Parliament, we leave it to their Lordships to think of what remedies may be provided for redressing grievances which flow from such Acts and Ordinances, This we are sure of, the publike desires of the Kirk will abundantly witnesse for us, that such things as were necessary for the security of Religion, were in due season represented, and yet not granted by them that had greater power and authority at that time, when it was much more easie to give satisfaction therein then now; So that the blame cannot lye upon the Generall Assembly or their Commissioners that Religion is not secured.

* * * * *

Iuly 28, 1648. Ante Meridiem. Sess. XVIII.

_Act and Declaration against the Act of Parliament and Committee of Estates ordained to be subscribed the 10 and 12 of June, and against all new Oathes or Bands in the common Cause imposed without consent of the Church._

The Generall Assembly taking to consideration a Declaration and Act of Parliament of the date 10 of June, 1648, highly concerning Religion, and the consciences of the People of God in the Land, and one Act of the Committee of Estates, of the date 12 of June, 1648, both published in Print, whereby all Subjects are Ordained by subscription to acknowledge as just, and oblige themselves to adhere unto the said Act and Declaration, containing an obligation upon their honours and credits, and as they desire to be, and to be holden, as lovers of their Country, Religion, Laws and Liberties, to joyn and concur with their persons and Estates in the assistance of the execution, and observation of the Acts and Constitutions of this Parliament, as the most fit and necessary remedies of the by-gone and present evils and distractions of this Kirk and Kingdom, and for the preservation of Religion, Laws and Liberties, and of his Majesties authority, with certification that such as refuse or delay to subscribe the same, shall be holden as Enemies and Opposites to the common Cause, consisting in the maintenance of the true reformed Religion, of the Laws and Liberties of the Kingdom and of his Majesties authority. Which subscription the Assembly cannot otherwise look upon, then as a snare for the People of God to involve them in guiltinesse, and to draw them from their former Principles and Vows in the Solemn League and Covenant. For that subscription were an approving of some Acts of Parliament, which they have never yet seen nor known, they not being all published, were an agreeing to Acts of Parliament, highly concerning Religion and the Covenant, made not onely without, but expressly against the advise of the Kirk, were an acknowledging of this present Engagement in War, in all the means and ways for promoving the same, to be the most fit and necessary remedies of the by-gone and present evils, whereas so many Petitions to the Parliament, from Committees of War, Synods, Presbyteries and Paroches have made it appear, that they are no way satisfied therewith in point of conscience; were an ascribing of a power to the Parliament, to declare these to be enemies to the true Religion, whom the Kirk hath not declared to be such but rather friends; were an approving of an Act made for the restraining the liberty of printing from the Kirk, yea and of all the Acts of the Committee of Estates, to be made in time coming, till March, 1650, which by Act of Parliament are ordained to be obeyed; were an allowing of Acts for securing of the persons, and intrometting with the Estates of such as themselves shall not obey, or perswade others not to obey resolutions concerning this Engagement, and for protecting persons under Kirk Censures, and so an infringing and violating of the Liberties and Discipline of the Kirk established by the Laws of the Land, and sworn to in the Nationall Covenant to be defended, under the pains contained in the Law of God. And in all these, such as do subscribe, do binde themselves not only to active obedience in their own persons, but to the urging of active obedience upon all others, and so draw upon themselves all the guiltinesse and sad consequences of the present Engagement; Yea, such as are Members of Parliament, and have in the Oath of Parliament sworn not to Vote or consent to any thing, but what to their best knowledge, is most expedient for Religion, Kirk and Kingdom, and accordingly have reasoned against, and dissented from divers Acts of this Parliament, These by the subscription of this Act, cannot eschew the danger of perjury, in obliging themselves to active obedience to these Acts, which according to their Oath, they did judge unlawfull. Neither can the 38 Act of the Parliament 1640, wherein such a kinde of Band was enacted to be subscribed by any precedent or Warrant for subscribing of this Act; For it plainly appears by the narrative of that Act omitted in this Band, how great a difference there is between the condition of affairs then and now. Then the Kings Commissioner had left and discharged the sitting of the Parliament, then the Parliament for sitting was declared Traitors, and Armies in England and Ireland prepared against them, then not only the Acts, but the very authority of Parliament was called in question, then Kirk and State were united in the Cause against the Malignant party, then nothing was determined in Parliament in matters of Religion without, much lesse against the advice of the Kirk: But beside that, it was not thought expedient by the State, that that Band should be pressed through the Kingdom. The case now not onely differs from what was then, But is in many things just contrary, as is evident to all who will compare the two together. And therefore the Generall Assembly professing all tender respect to the High and Honourable Court of Parliament and Committee of Estates, but finding a straiter tye of God lying upon their Consciences, that they be not found unfaithfull watchmen, and betrayers of the souls of these committed to their charge, Do unanimously Declare the foresaid subscription to be unlawfull and sinfull. And do warn, and in the Name of the Lord Charge all the members of this Kirk, to forbear the subscribing of the said Act and Declaration, much more the urging of the subscription thereof, as they would not incur the wrath of God, and the Censures of the Kirk. And considering how necessary it is that according to the eighth desire of the Commissioners of the Assembly to the Parliament, the Kirk might have the same interest in any new Oathes in this Cause, as they had in the Solemn League and Covenant, and what dangers of contradictory Oathes, perjuries and snares to mens consciences may fall out otherwise: Therefore they likewise Enjoyn all the members of this Kirk, to forbear the swearing, subscribing or pressing of any new Oathes or Bands in this cause, without advise and concurrence of this Kirk, especially any negative Oathes or Bands, which may any way limit or restrain them in the duties whereunto they are obliged, by nationall or Solemn League and Covenant, and that with certification as aforesaid. And such as have already pressed or subscribed the foresaid Act and Declaration, The Generall Assembly doth hereby exhort them most earnestly in the bowels of Christ, to repent of that their defection. And Ordains that Presbyteries, or in case of their negligence or being overawed, the provinciall Synods or the Commission of the Assembly, which of them shall first occur, and in case of the Synods negligence, that the said Commission be carefull to proceed against, and censure the Contraveeners of the Act according to the quality and degree of their offences as they will be answerable to the Generall Assembly; and that therefore this Act be sent to Presbyteries to be published in the several Kirks of their bounds.

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Eodem die Post Meridiem. Sess. XIX.

_Approbation of the Shorter Catechisme._

The General Assembly having seriously considered the shorter Catechisme, agreed upon by the Assembly of Divines sitting at Westminster, with assistance of Commissioners from this Kirk, Doe finde upon due examination thereof, That the said Catechisme is agreeable to the Word of God, and in nothing contrary to the received Doctrine, Worship, Discipline and Government of this Kirk, And therefore Approve the said shorter Catechisme as a part of the intended Uniformity, to be a Directory for Catechising such as are of weaker capacitie.

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_Act discharging a little Catechisme printed at Edinburgh, 1647._

The General Assembly having found in a little Catechisme, printed at Edinburgh, entituled, “The A, B, C, with the Catechisme, That is to say, an instruction to be taught and learned of young children,” very grosse errours in the point of Universall Redemption, and in the number of the Sacraments, Therefore doe discharge the venting or selling of the said Catechisme of the foresaid impression, or of whatsoever other impression the same be of, and all use thereof in Schools or Families, Inhibiting also all Printers to reprint the same, And recommends to Presbyteries to take speciall care that this Act be obeyed.

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Vlt. Iuly, 1648. Post Meridiem. Sess. XXI.

_A Declaration of the Generall Assembly concerning the present dangers of Religion, and especially the unlawfull engagement in War, against the Kingdom of England; Together, with many necessary exhortations and directions to all the Members of the Kirk of Scotland._

It cannot seem strange to any that considereth the great trust that lyeth on us, comparing the same with the eminent dangers wherewith the Cause of God is invironed in this land, if at this time We declare our sense thereof, and warn the people of God from this watch-tower of the present duties incombent to them: Our witnesse is in heaven, and our record on high, that we doe not this from any dis-respect to the Parliament whom we have honoured and will ever honour and also obey in all things which are agreeable to the Word of God, to our Solemn Covenants, and to the duties of our callings, Nor from any disloyalty or undutifulnesse to the Kings Majesty, to whom we heartily wish, and to his posterity after him, a happy Reigne over these Dominions, Nor from any factious disposition or siding with this or that party whatsoever, Nor from any contentious humour about light or small matters, Nor from any favour to or complyance with Sectaries, against whose cursed opinions and ungodly practises, we have heretofore given ample testimony, and are still obliged by Solemn Covenant to endeavour the extirpation of Heresie and Schism; But from the conscience of our duty when the glory of God, the Kingdom of his Son, his Word, Ordinances, Government, Covenant, Ministery, Consciences of People, Peace and Liberties of the Kirk are incompassed and almost overwhelmed with great and growing dangers.

How freely and faithfully the servants of God of old have rebuked sin in persons of all ranks, not sparing Kings, States nor Kingdoms, the Scripture maketh it most plain to all that look thereon; Neither want we domestick examples, if we look back a little upon the behaviour of our zealous Ancestours in this Kirk, who not only in their Sermons severally with great gravity and freedom reproved the sins of the time, But more especially in the Kirk Judicatories plain and downright dealing was most frequent and familiar, as appears in the Assemblies holden in June and in October, 1582, in October, 1583, in May, 1592, in May, 1594, and in March, 1595. And not only the General Assembly by themselves, but also by their Commissioners faithfully and freely laboured to oppose all the steps of defection; as at other times, so in the yeer 1596, wherein four or five severall times they gave most free admonitions to the King, Parliament and Councell, with a Protestation at the last before God, that they were free of their blood, and of whatsoever judgement should fall upon the Realm, and that they durst not for fear of committing High Treason against Jesus Christ the onely Monarch of his Kirk, abstain any longer from fighting against their proceedings with the spirituall armour granted to them of God, and mighty in him for overthrowing all these bulwarks set up against his Kingdom: And in their Declaration then emitted to the Kingdom, they shew that it was a main design to have the freedom of the Spirit of GOD in the rebuke of Sin by the mouth of his Servants restrained; and therefore they warne all Pastours of their duty in applying Doctrine and free preaching. Like as the Assembly, 24 March 1595-6 reckons up amongst the corruptions of the Ministery to be censured with deprivation, if continued in, the not applying their Doctrine against the corruptions of the time, which was renewed in our late Assembly at Glasgow 1638. What hath been done since that Assembly is in recent memory, and the Papers to that purpose have been published in Print, and are in the hands of all, Therefore being warranted by the Word of GOD, and encouraged by the forementioned examples, as after exact examination, we have approven the proceedings of the Commissioners of the last Generall Assembly, and specially their Declarations, Desires, Representations, Remonstrances, Supplications, Vindication and other Papers, relating to the present engagment in War, wherein they have given good proof of their fidelity, wisdom and zeal in the cause of GOD, So we finde our selves necessitate to make known unto all the People of GOD in this Nation our sense concerning the dangers and duties of this present time.

The cry of the insolencies of this present Army from almost all the parts of this Kingdom, hath been so great that it hath gone up to heaven, and if we should be silent, we could not be reputed faithfull in the performance of our duty. We do acknowledge that it is incident unto all Armies to be subject unto some disorders, and the Ministers of the Kingdom have not been deficient in former times to represent the same as they come unto their knowledge, calling for the redresse of them at their hands who had power: But the Commissioners of this present Assembly from the severall Provinces have exhibited great variety of abominable scandals and hainous impieties and insolencies committed by persons imployed in this service, whereof we think fitting here to give you a touch.

As if liberty had been proclaimed to the lusts of lewd men, These that have been imployed in very many places of the Land have used horrible extortion of Moneys at their pleasure, and beside the taking of victuals as they would for their own use, they have in severall places wilfully destroyed the same, and have plundered many houses, taking all away they could, and destroying what they could not carry away; In this great oppression and spoil of goods as the sufferers were many, so choise hath been made of those who Petitioned the High and Honourable Court of Parliament for satisfaction to their Consciences before the Engagement, or who were known to make conscience of the worship of God in their families, on whom they might exercise their raging wrath and unsatiable covetousnesse; Nor stayed their rage here, but as though the war had been against God, publick Fasts have not only been neglected, but profaned by riotous spending and making merry, Divine Worship have been in many parts disturbed, some Ministers and people impeded from coming together, others scattered when they were met, some taken out of Kirks in time of worship, others apprehended at their coming out at the Kirk doors and carryed away; Besides these Ministers in performing the worship of God have been menaced, contradicted, not without blasphemous Oathes, yea their persons in Pulpit assaulted, not to speak of the spoiling of their goods, taking, beating, carrying away their persons and detaining them for a time. And finally that which exceeds all the rest and is more immediately and directly against God, there hath also been many cruell mockings of his Worship, and horrid blasphemies; And it is not to be marvelled that such insolencies have been committed, since there hath been admitted upon this service some Papists, some bloody Irish Rebels, some non-Covenanters, and very many fugitives from Kirk Discipline, Finally, even those who have been upon the late Rebellion, and these not onely common Souldiers but Commanders, beside many voluntiers who have no speciall command and trust.