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Chapter LXX: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (67)

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The Whigamore Parliament met on the 4th of January 1649. By the act of the preceding session, in June of the previous year, it was “continued” till March, 1650; but, by the same act, the committee then named were authorized to call a meeting of the whole Estates at an early period, if they deemed that expedient. As already indicated, a change had “come o’er the spirit of their dream;” and that committee having been completely transformed since it was originally constituted, all those who had been engaged in carrying the engagement into effect, as appointed in the former session, were now proscribed, and excluded from this renovated convention.[404] It consisted, therefore, entirely of those who either protested against the Engagement, or of those who apostatized from their former decisions; and Loudoun, whose tergiversation during the interval had been so conspicuous, was chosen President—having previously performed penance, and professed repentance in the High Kirk, to the great delight of the clergy. At the opening of this session, a fast was appointed for the great sins and provocations of the land, to be performed in the Parliament House—the Solemn League and Covenant to be renewed; and letters from the Commissioners in London were laid before the house, giving information of all the recent proceedings in London, of which we have already given a detail.[405]

One of the earliest acts of this Parliament, (11th January,) was to ratify the acts of the whigamore committee, in September and October, and the exclusion of “all such as have been imployed in public place and trust, and have been accessary to the late unlawful Engagement;”[406] and they were also summoned to appear before the Parliament, to hear and see it take such course as it should think fit for purging of the judicatories, declaring their places vacant, and filling these with others. Another act was soon after passed, (16th January,) “repealing all Acts of Parliament or Committee made for the late unlawful ingagement, and ratifying the protestation and opposition against the same;”[407] and thus the entire proceedings of the former session were completely reversed and rescinded. The insurrection of Mauchlin Muir was also highly approved of, by an enactment to that effect; and, further, letters were received of the transactions in London from the Commissioners there. On the 18th, an answer was given to the “Testimony communicated unto them by the Commissioners of the General Assembly, and their concurrence with the same,” in reference to the “seasonable testimony against toleration, and the present proceedings of sectaries and their abettors in England;”[408] intimating their non-concurrence in the proceedings by the Commons against the King’s person. Next, on the 23d of the same month,[409] came another act, “for purging the judicatories and other places of public trust,” by which a clean sweep was made of all who had been participant in the Engagement. And, to crown all the enormities of their career, they at this time passed an act against witchcraft, on the 1st of February, ordaining, that “whatsoever person or persons shall consult with devils or familiar spirits, shall be punished with death.”[410] These, and some earnest remonstrances which appear to have been made, through the Commissioners in London, against taking away the life of the King, were the chief acts of the first Whigamore Parliament up to the time of the execution of the King. To the particulars of that tragical event, therefore, we shall now briefly advert.

On the 6th of January, 1649, the ordinance of the Commons for the King’s trial was brought in, fairly engrossed on parchment. On the 9th, the House of Lords met, and had a debate as to the publication of the grounds on which they rejected the commission for trying the King; and, the same day, proclamation was made in Westminster Hall, at the Old Exchange, and Cheapside, desiring all persons who had aught to charge against his Majesty to give in their statements to the Commissioners next day in Westminster Hall; and all “delinquents or ill-affected persons were ordered, by a military proclamation, to depart ten miles from London; these being all who had served the King during the course of the civil war. Next day, accordingly, the Commission met, and appointed Bradshaw, a lawyer, to be their president; and directed Steel as attorney, and Cooke as solicitor-general, to draw up and manage the charge against the King.” On the 13th, the “High Court of Justice” (as it was designated) agreed that the trial should be held in Westminster Hall, and that for that end the King should be removed from Windsor and brought up to London on Monday following. On Monday, the Commons received a stimulating petition from the Corporation of London, which was approved of. The commission for trial ordered the charge for trial to be abbreviated by a committee of themselves, and to examine the evidence, (thereby still further prostituting the judicial character;) and another impudent declaration was sent from the Council of the Army to the Commons, who appear in the whole of this infamous business as the abject slaves of the soldiery.

A few days after, (18th January,) “the Commons having formerly declared that the supreme power of England is vested only in the people and their representatives, and therefore voted that all committees, which before consisted of Lords and Commons, should have power to act to all intents and purposes, though the Lords join not therein;” and, the same day, adopted another contumelious vote in reference to the Peers. On the 19th the King was brought to St James’, and the Court heard the proof (in absence of the accused) to the several articles of impeachment against his Majesty. The act of the Commons being read, all the Commissioners who were present rose on their names being called; this ceremony being interrupted by Lady Fairfax, the general’s wife, who was in a window of the house, speaking aloud to the Court then sitting, “that her husband, the Lord Fairfax, was not there in person, nor ever would sit among them, and therefore they did him wrong to name him as a sitting Commissioner.” This little incident, like many others in the history of great commotions, indicates the high and generous qualities of the female character, which often shine forth to shame the virtue and the courage of manhood.

The first part of the trial was enacted on the 20th of January. At this and the subsequent sederunts of the court, the proceedings were of the most outrageous nature. The details are too tedious to be embodied in these sketches, nor shall we attempt by compression to adapt them to our pages in this place; yet they were of such a character, that, if we had not an authentic report of them in the honest pages of Rushworth, the disgusting features of that mockery of judicial procedure could scarcely be imagined or credited in these latter days. We shall, therefore, give the entire trial (which is very short) among our supplemental documents. The result of the whole was, that, on the 27th of January, the Court pronounced its sentence, which was, that the King had been guilty of high treason, and “that the said Charles Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by severing his head from his body.”[411]

Before passing on to the last sad scene of this tragedy, we must be forgiven for marking a few of the characteristics of the till then unheard-of proceedings which were thus wound up. We need not recapitulate the objections which present themselves to every mind with regard to the unlawful nature of the whole course of the House of Commons in this matter. Without a lawful constitution in itself, according to any view of a free and full Parliament—usurping flagrantly all the prerogatives of the monarchy, and all the powers and privileges vested in the House of Peers—its composition vitiated by the exclusion of a large portion of its members—surrounded by and influenced by a military force, and vulgar external pressure—it nevertheless arrogated to itself all the functions, both executive and legislative, of all the constitutional powers of the State—it arbitrarily appointed a commission to try capitally the Sovereign of the kingdom, and the Sovereign too of another kingdom, for endeavouring to suppress rebellion; and it constituted a tribunal utterly unknown to the usages and laws of the land, and to which it could not impart any legitimate authority. That tribunal, in its proceedings, could not be surpassed in judicial iniquity by anything ever imputed to the Inquisition. The members of it were disqualified from acting either as judges or jurors by every iniquity that infers disqualification. They had prejudged the accused—they assisted in concocting the charges—they refused even to hear objections to their jurisdiction—they took evidence in absence of the King, and neither allowed him proof in exculpation, nor to be heard in his own defence; and, finally, with all these multiplied abominations on their souls, they doomed their anointed King to die the death of a traitor, in defiance of every principle of enlightened jurisprudence, and in violation of all the dictates of universal justice, wherever its purity is known and reverenced.

On the sentence of this creature of democratic despotism, a warrant for execution was issued on the 29th; and, on the 30th of January, 1649, Charles I. was beheaded in front of Whitehall—sustaining, with native elevation of character, and amidst studied insults and indignities, all the majesty of a monarch, and all the piety and heroic fortitude of a Christian martyr. The deed was one of the foulest, most deliberate, and diabolical murders that ever disgraced the records of human nature, and will ever remain an indelible stigma on the national character.[412]

We forbear from obtruding on our readers any lengthened strictures on the character of Charles, which has so often afforded a theme both for eulogy and censure; yet when turning, with sickness of heart, from contemplating the unutterable iniquities which ended in his murder, we cannot entirely refrain from exercising the privilege of our vocation, and expressing our dissent from the uncharitable constructions which have been put on his conduct. The most general imputation against him is, that he stretched the royal prerogative so as to trench on the liberties of the subject, in things both sacred and secular. But it should ever be remembered that, in this particular, he only exerted the power which he inherited with his Crown, in the law and usages of the constitution; and that even with reference to the most exceptionable point perhaps in his policy—that relating to the enforcement of Episcopacy in Scotland—he introduced no innovation, but merely urged the observance of laws which stood on the statute-book, and had been acquiesced in by a great majority of the clergy, nobility, and gentry, as well as the people, for the long period of thirty years. Even in this matter, the more rigorous enforcement and extension of the existing law may find some palliation, when it is taken into view that in this he only followed out his own principles; from which, amid all his misfortunes, he never swerved; and, besides, when the national mind was at length fully evidenced, he gave the Presbyterian Church the fullest sanction, and never after, so far as we have seen any proof, attempted its subversion.

His insincerity too has been a frequent topic of invective, in regard to the endless negotiations in which he was involved with his English subjects. But it ought to be recollected that all diplomacy is proverbially a system of duplicity; that, almost singly, he was pitted against a set of the most matchless dissemblers that the world ever saw, whose objects, he well knew, were the entire subversion of all the institutions of his kingdom, and the erection of a fierce democracy on their ruins. And it is absurd to charge him with greater duplicity in those complicated treaties, than was evinced by his adversaries; who, the one day, acceded to his concessions, and the next repudiated and renounced what they had done.

But the great and most clamant fault imputed to Charles is, that he would not ratify and give effect to the Solemn League and Covenant;—a charge which has been made by men of very opposite descriptions—by puritanical devotees on the one hand, and philosophical historians on the other—agreeing only on this one point, and differing on almost every other. To the former we would briefly reply, that his resistance to that League was a patriotic virtue; for a more undisguised and grinding system of tyranny and persecution never was invented by man, and never was practised in the worst days of Popish thraldom. Nor can the inherent vices of that league be mitigated by the plea that, practically, the extirpation of all who would not yield to its terrors, was only directed against their tenets, and not their persons; for this theory is fully refuted by innumerable facts. Many thousands were not merely proscribed and robbed of their property, but put to death in the field and on the scaffold, as rebels and traitors, for no other reason than because they would not submit implicitly to an insatiable system of spiritual despotism. To the latter class of critics, who view Charles’ adherence to Episcopacy in England as a weakness which excites the mingled emotions of compassion and contempt, and who hold that, to keep his crown, he ought to have abandoned his most cherished convictions of what was morally right, the answer is conclusive—that the mere statement of such an objection is the highest tribute that could be awarded to any human being; for amidst temptations almost overwhelming to human virtue, the object of their rebuke held fast his integrity to the death. To both classes we say, that what they reprobate in Charles can only be the subject of censure when hypocrisy becomes a virtue, when dissimulation adds lustre to the human character, and when prostitution of principle and personal honour shall be raised to the rank of a Christian virtue—an acme of perfection which, it must be allowed, was fully exemplified by blustering patriots, who remorselessly filled their country with rapine, anarchy, and oppression, as the champions of civil and religious liberty, both of which they trampled in the dust. That Charles I. committed errors, and grievous ones, is not to be questioned; but they inevitably arose from his education, and the circumstances in which he was placed; and “even his failings leaned to virtue’s side.” He was, perhaps, setting aside the fabulous attributes of other monarchs, the most exemplary and amiable, as he was one of the most unfortunate of sovereigns, that ever swayed the sceptre of the British kingdoms.

Having already, at more than our usual length, given all the details connected with the destruction of King Charles, the minor events which ensued betwixt that occurrence and the meeting of the subsequent General Assembly, must now be stated very briefly. We must not, however, omit to state that, up to the time of the execution, and particularly on the 29th of January, the Scottish Commissioners in England, acting by orders of the States, remonstrated in the strongest terms, and on the most solid grounds, against putting the King to death. Their letters to Fairfax and Cromwell, which are extant on the record of Parliament,[413] bear witness to this, and establish that the foul deed was done by the House of Commons of England, not only without the concurrence, but in utter contempt of the earnest protestations of Scotland. Early in February, the Commons voted the House of Lords “useless and inconvenient;” and at once _abolished it and the monarchy of England_.

Whenever the tidings of the King’s death reached Edinburgh, the Estates, on the 5th of February, passed an act for proclaiming his eldest son, Charles, as King; and this ceremony took place the same day at the cross of Edinburgh.[414] On the 7th, an act was passed for securing the Covenant and peace of the kingdom, containing stringent conditions, that before the Prince, or any of his successors, should be admitted to the exercise of the royal power, he should not only take the ancient coronation oath to maintain the Protestant religion, but also accede to the Covenant and Solemn League and Covenant, and consent that all civil matters should be determined by Parliament, and all ecclesiastic by the General Assembly of the Kirk. Commissioners were also appointed to proceed to the Prince in Holland, and effect arrangements on these terms. At the same time an act was passed ratifying the Catechisms and Confession of Faith.[415] Various other statutes were enacted for putting the kingdom in a posture of defence, and referable to the existing state of public affairs—for keeping all “malignants” out of public employment.

But the most important act of that time, relating to the Kirk, was passed on the 9th of March, for abolishing the patronages of Kirks.[416] By that statute the Estates did “discharge for ever hereafter all patronages and presentations of Kirks, whither belonging to the King, or to any laick patrone, presbyterie, or others within this Kingdome, at being unlawfull and unwarrantable by God’s word, and contrary to the doctrines and liberties of this Kirk, and doe repeal, rescind, make voyd, and annull all gifts and rights granted thereanent, and all former Acts made in the Parliament, or in any inferior judicatory, in favour of any patrone or patrones whatsoever, so farre as the same doth or may relate unto the presentation of Kirks,” &c. “And because it is needfull that the just and proper interest of congregations and presbyteries in providing of Kirks and Ministers, be clearly determined by the General Assembly, and what is to be accompted the congregation having that interest. Therefore it is hereby seriously recommended unto the next General Assembly clearly to determine the same, and to condescend upon a certain standing way for having a settled rule therein for all tyme coming.” This was a most important innovation on the original constitution of the Reformed Church in 1567, from which time lay patronage had been an essential element in its composition, whether in times of Episcopacy or Presbytery; and, particularly, it amounted to a virtual repeal of the Act 1592, by which the Presbyterian polity was fully established. It is unnecessary to anticipate the proceedings of the Assembly on this devolution of the power of legislation in this matter, as the subsequent acts of that Assembly will most satisfactorily explain their ordinance. The Estates, after passing acts approbatory of the proceedings of their Commissioners in England, and various other matters of particular concernment, continued the Parliament till the 23d of May following.

After the reassembling in May, the most interesting subject brought under the notice of the Estates, was a report of the proceedings of the Commissioners who had been sent to the King to adjust the terms of his acceptance of the crown of Scotland. That report, and the various protocols connected with it, shew that the first treaty proved abortive;[417] the King declining to accede to the proposed restrictions, and the commissioners urging them ineffectually.[418] The army was also “purged” of all malignants; and from the communications which stand on record betwixt the two Parliaments of England and Scotland, the symptoms of a breach began very soon to appear; but nothing further very remarkable occurred worthy of notice, till the meeting of the Assembly, on the 4th of July, 1649, to the Acts of which we now point attention.

THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY HOLDEN AT

EDINBURGH, JULY 7, 1649.

Iuly 7, 1649. Ante Meridiem. Sess. IV.

_Approbation of the proceedings of the Commissioners of the General Assembly._

The Generall Assembly having heard the report of the Committee appointed for revising the proceedings of the Commissioners of the preceding Assembly; And finding thereby, that in all their proceedings they have been zealous, diligent and faithfull, in the discharge of the trust committed to them, do therefore unanimously Approve and Ratifie the whole proceedings, Acts and Conclusions of the said Commission; Appointing Mr John Bell Moderator _pro tempore_, to return them heartie thanks in the name of the Assembly for their great pains, travil and fidelity.

* * * * *

Iuly 10, 1649. Ante Meridiem. Sess. VI.

_Approbation of the Commissioners sent to his Majesty._

The Generall Assembly having taken in serious consideration the Report of the Travells and Proceedings of the Commissioners sent to his Majestie presented by them this day, Together with the Commission and Instructions which were given unto them; Do finde by the Report, that they have been very diligent and faithfull in the discharge of the Trust Committed to them: And therefore, do unanimously Approve of their Carriage, and return them hearty thanks for their great Pains and Travails in that Employment.

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Iuly 19, 1649. Post Meridiem. Sess. XVIII.

_Act discharging promiscuous Dancing._

The Assembly finding the scandall and abuse that arises thorow promiscuous Dancing: Do therefore Inhibit and discharge the same, and do referre the Censure thereof to severall Presbyteries, Earnestly Recommending it to their care and diligence.

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Iuly 20, 1649. Ante Meridiem. Sess. XIX.

_Act concerning the receiving of Engagers in the late unlawfull
War against England, to publick Satisfaction, Together with the
Declaration and Acknowledgment to be subscribed by them._

The Generall Assembly considering what great offence against God, and Scandal to his People at home and abroad, hath arisen from the late unlawfull Engagement in War against England, whereby, contrary to the Law of God and of Nations, contrary to the Solemn League and Covenant, contrary to the Petitions of almost the whole Kingdom, contrary to the Declarations of the Judicatories of this Kirk, contrary to the Protestations of a considerable part of the Parliament, contrary to the frequent and clear warnings of the Servants of God in his name, not onely an Association in Counsels and Arms was made with Malignant persons, who had formerly shewn their dis-affection to the Covenant and Cause, but an invasion of the Neighbour Nation was prosecuted; from whence flowed the oppression of the persons, estates and consciences of many of the People of God in this Land, the shedding of the blood of some, the losse and dishonour of this Nation, and severall other inconveniences: And considering that the Commissioners of the last Generall Assembly have acquit themselves faithfully, in ordaining to be suspended from the renewing of the Covenant, and from the Ordinance of the Lords Supper, such as are designed in their Acts of Date the 6 of October and 4 of December last, referring the further consideration and censure of the persons foresaid to this present Generall Assembly: Therefore the Generall Assembly for removing of much offences, and for prevention of the like in time coming, and for restoring of such as are truly humbled, do Declare and Appoint,

I. That all those who have been guilty and censured as aforesaid, and withal, do not by their addresses to Kirk Judicatories testifie their dislike thereof, and give evidences of their Repentance therefore, That these be processed, and continuing obstinate, be excommunicated; But if withall they go on in promoving Malignant Designes, that they be forthwith Excommunicated: As also that all such persons guilty as aforesaid, who after Profession of their Repentance shall yet again hereafter relapse to the promoting any Malignant Designe, that these be likewise forthwith excommunicated.

II. That all these who have been guilty and censured as aforesaid, and desire to testifie their Repentance, and to be admitted to the Covenant and Communion, shall besides any Confession in publick before the Congregation subscribe the Declaration hereto sub-joined, of their unfained detestation and renunciation of that Engagement, and all other Malignant courses contrary to the Covenant and Cause, Promising to keep themselves from such ways in time coming, and acknowledging that if they shall again fall into such defection thereafter, they may justly be accompted perfidious backsliders, and breakers of the Covenant and Oath of God, and proceeded against with the highest Censures of the Kirk.

III. That of these who have been guilty and censured as aforesaid, and desire now to testifie their Repentance, Whosoever were formerly joined in Arms or Counsell with James Graham in his Rebellion, or who were Generall persons or Colonels in the late unlawfull Engagement, Or who went to Ireland to bring over Forces for that effect, Or who have been eminently active in contriving of, or seducing unto the said Engagement, or whosoever above the degree of a Lieutenant Commanded these parties, that in promoving of the ends of the said Engagement shed blood within the Kingdom, either before that Army of Engagers went to England, or after their return, Or who above the degree foresaid Commanded in the late Rebellion in the North; That none of these be admitted or received to give satisfaction, but by the Generall Assembly or their Commissioners.

IV. That all the rest of these who have been guilty, or censured as aforesaid, may be received by the Presbyteries where they reside.

V. That all who have been guilty as aforesaid, before their receiving to the Covenant, shall make a Solemn publick Acknowledgement in such matter, and before such Congregations as the Commission of the Generall Assembly or Presbyteries respective shall prescribe, according to the degree of their offence and scandall given.

VI. That none of the foresaid Persons be admitted, or received as Elders in any Judicatories of the Kirk, but according to the Act of the Generall Assembly of the last of August 1647, against complyers of the first Classe.

And because many have heretofore made shew and profession of their Repentance, who were not convinced of their guiltinesse nor humbled for the same, but did thereafter return with the dog to the vomit, and with the sow to the puddle, unto the mocking of God, and the exceeding great reproach and detriment of his Cause: Therefore, for the better determining the Truth and sincerity of the Repentance of those who desire to be admitted to the Covenant and Communion: It is appointed and Ordained that none of those persons who are debarred from the Covenant and Communion shall be admitted and received thereto, but such as after exact triall, shall be found for some competent time before or after the offer of their Repentance, according to the discretion of the respective Judicatories, to have in their ordinary conversations given real Testimony of their dislike of the late unlawfull Engagement, and of the courses and wayes of Malignants, and of their sorrow for their accession to the same; and to live soberly, righteously and godly; And if any shall be found, who after the defeating of the Engagers have uttered any Malignant speeches, tending to the approbation of the late unlawfull Engagement, or the blood-shed within the Kingdome for promoving of the ends of the said Engagement, or any other projects or practises within or without the Kingdome, prejudiciall to Religion and the Covenant, or tending to the reproach of the Ministry, or the civill Government of the Kingdom, Or who have unnecessarily or ordinarily conversed with Malignant and disaffected persons, Or who have had hand in, or accession to, or compliance with, or have any wayes countenanced or promoved any Malignant Design, prejudiciall to Religion and the Covenant; That these, notwithstanding their profession of Repentance be not suddenly received, but a competent time, according to the discretion of the Judicatory, be assigned to them for tryall of the evidence of their Repentance, according to the qualifications above mentioned. And the Generall Assembly Ordains Presbyteries to make intimation of this Act in the severall Kirks of their bounds so soon as they can, after the rising of the Generall Assembly, that none pretend ignorance; And that Presbyteries make accompt of their diligence in prosecuting of this Act to the Quarterly meetings of the Commission of this Assembly.

* * * * *

_The Declaration and Acknowledgement before mentioned._

I, __________________ after due consideration of the late Warre against the Kingdom of England; And having also considered the course pursued and promoted by the Earle of Lanerk, George Monro and their Adherents in and about Stirling, and by others in the late Rebellion in the North, against all which not only eminent Testimonies of Gods Wrath have been giving in defeating of them, but they were in themselves sinfull breaches of Covenant, and preferring the interest of man unto God; I doe herefore in Gods sight professe, that I am convinced of the unlawfulnesse of all these ways, as contrary to the Word of God, and to the Solemn League and Covenant, not only in regard of the miscarriages of these that were imployed therein, but also in respect of the nature of these courses themselves; And therefore professing my unfained sorrow for my guiltinesse by my accession to the same, doe renounce and disclaim the foresaid Engagement, and all the courses that were used for carrying on the same, either before or after the defeat of the Engagers, as contrary to the Word of GOD and Solemn League and Covenant, and destructive to Religion and the work of Reformation; And I doe promise in the power of the Lords strength, never again to own any of these or the like courses: And if hereafter at any time, I shall be found to promote any Malignant Design or course, that I shall justly be accompted a perfidious Covenant-breaker and despiser of the Oath of God, and be proceeded against with the highest Censures of the Kirk: Likeas, I doe hereby promise to adhere to the National Covenant of this Kingdome, and to the Solemn League and Covenant betwixt the Kingdomes, and to be honest and zealous for promoving all the ends thereof, as I shall be called thereunto of God, and to flee all occasions and temptations that may lead me into any the like snares against the same. Subscribed

at _________________ the _______________ day of ___________

* * * * *

Iuly 24, 1649. Post Meridiem. Sess. XXIII.

_To the High and Honourable Court of Parliament._

The Generall Assembly, Humbly Sheweth,

That whereas we have seen and considered the Act of Parliament abolishing Patronages, and doe highly commend the piety and zeal of the Estates of Parliament in promoving so necessary a point of Reformation; The Generall Assembly do humbly supplicate, that beside the setling of the Ministers stipends, that the Tythes mentioned in the said Act, may be affected with the burthen of pious uses, within the respective Paroches, conform to a draught of an Act seen by the Commissioners of the late General Assembly before it passed in Parliament; And that the foresaid Act may be made effectuall for the setling of Ministers Stipends in Kirks erected, and necessary to be erected according to the Tenour of the Act of Parliament, And for this effect, that your Lordships will hasten the sitting of the Commission for Plantation of Kirks, with all convenient diligence, and your Lordships Answer.

* * * * *

27 Iuly, 1649, Ante Meridiem. Sess. XXVII.

_A seasonable and necessary Warning and Declaration, concerning
Present and Imminent dangers, and concerning duties relating thereto,
from the General Assembly of this Kirk, unto all the Members thereof._

The Lord who chooses Jerusalem in a furnace of Affliction, hath been pleased since the beginning of the work of Reformation in this Land, to exercise his People with many trialls; all that desired to keep a good conscience, were not long agoe under many heavy and sad pressures from the insolency and oppression of a prevailing party of dis-affected and Malignant men, who under a pretext of bringing the King to a condition of Honour, Freedom and safety, did carry on an unlawful Engagement against the Kingdom of England: and if the Lord had not been mercifull unto his people, they were like, either to have been banished out of the Land; or to have been kept in a perpetuall bondage in their consciences, persons and estates: But he whose Messengers those men had mocked, and whose word they had despised, did bring them down suddenly in a day, and restored liberty and peace unto his people: A mercy and deliverance, which as it ought to be remembred with thankfulnesse and praise, so may it engage our hearts not to faint in troubles and straites that do yet abide us, but to trust in the name of the Lord, who both can and will deliver us still out of all our afflictions.

Albeit, wee do now enjoy many rich and precious blessings wherein wee have reason to be comforted and to rejoyce; yet it were to shut our own eyes if we should not see our selves involved in, and threatned with many and great dangers at home and from abroad. It is matter of exceeding great sorrow to think upon the ignorance and profanity, the impenitencie and security that abounds still in the Land, notwithstanding all the gracious dispensation of the Gospel, and means of grace in such purity and plenty, that none of the Nations round about us can boast of the like, and of all the long-suffering patience of the Lord, and of all his sharp rods wherewith he hath afflicted us from year to year, and of all the mercies and deliverances wherewith he hath visited us, and of our late solemn confession of sinnes, and engagement unto duties, sealed with the renewing of the Covenant and the Oath of God; Which some men have so far already forgotten, as to return with the dogge to the vomit, and with the sow to the puddle: And many signes of inconstancy and levity do appear among all sorts and ranks of persons, who seem to want nothing but a suitable tentation to draw them away from their steadfastnesse; Our Army is not yet sufficiently purged, but there be still in it Malignant and scandalous men, whose fidelity and constancy, as it is much to be doubted, so is the wrath of the Lord to be feared, upon their proceedings and undertakings, without a speedy and effectuall remedy.

That prevailing party of Sectaries in England, who have broken the Covenant, and despised the Oath of God, corrupted the truth, subverted the fundamentall Government by King and Parliament, and taken away the Kings life, look upon us with an evill eye, as upon these who stand in the way of their monstruous and new fangled devices in Religion and Government; And though there were no cause to fear any thing from that party but the Gangrene and infection of those many damnable and abominable errours which have taken hold on them, yet our vicinity unto, and daily commerce with that Nation, may justly make us afraid that the Lord may give up many in this Land unto a spirit of delusion to beleeve lies, because they have not received the love of the truth.

Neither is the Malignant party so far broken and brought low, as that they have abandoned all hopes of carrying on their former designs against the Covenant and work of Reformation: Beside many of them in this Kingdom, who are as Foxes tied in chains, keeping their evill nature, and waiting an opportunity to break their cords, and again to prey upon the Lords people; there be standing Armies in Ireland, under the command of the Marquesse of Ormond, the Lord Inchqueen, the Lord of Airds, and George Monro, who forgetting all the horrible cruelty that was exercised by the Irish Rebels, upon many thousands of the English and Scottish Nations in that land, have entred into a Peace and Association with them, that they may the more easily carry on the old designes of the Popish, Prelaticall and Malignant party; And the Lord of Airds, and George Monro, have by treachery and oppression brought the Province of Ulster, and Garrisons therein, under their power and Command, and have redacted our country-men, and such as adhere unto the Covenant, and cause of God in that Province, unto many miseries and straits, and are like to banish the Ministers of the Gospell, and to overturn these faire beginnings of the work of God, which were unto many a branch of hope, that the Lord meant to make Ireland a pleasant land.

But which is more grievous unto us then all these, our King, notwithstanding of the Lords hand against his Fathers opposition to the work of God, and of the many sad and dolefull consequences that followed thereupon, in reference to Religion and his Subjects, and to his person, and Government, doth hearken unto the councels of these who were Authors of these miseries to his Royall Father and his Kingdoms: By which it hath come to passe, that his Majesty hath hitherto refused to grant the just and necessary desires of this Kirk and Kingdom, which were tendred unto him from the Commissioners of both for securing of Religion, the Liberties of the Subject, his Majesties Government, and the Peace of the Kingdome; And it is much to be feared that those wicked Counsellours may so farre prevaile upon him in his tender yeers, as to engage him in a warre, for overturning (if it be possible) of the work of God, and bearing down all those in the three Kingdoms that adhere thereto: Which if he shall doe, cannot but bring great wrath from the Lord upon himselfe and his Throne, and must be the cause of many new, and great miseries, and calamities to these Lands.

It concerns a Nation thus sinfull and loaden with iniquity, and involved in so many difficulties and dangers, by timous repentance and unfained humiliation to draw near to God, and to wrastle with him in Prayer and Supplication, that our sin may be pardoned, and our iniquity done away; and that he would establish the Land in the love of the truth, and inable every one in their station to do their duty boldly and without fear, and in a humble dependance upon the Lord, in whom alone is the salvation of his people; Every man ought with all faithfulnesse and diligence, to make use of all these means that are approven and allowed of God, for preserving and carrying on of his work, and for securing and guarding the Land against all enemies whatsomever, both upon the right hand and upon the left.

The Spirit of errour and delusion in our Neighbour-Land, in the policie of Satan hath vailed it self in many, under the mask of holinesse, and is in the righteous and wise dispensation of God, armed with power, and attended with successe: Therefore all the Inhabitants of this land would labour for more knowledge, and more love of the truth, without which they may easily be deceived, and led into tentation, and would learn to distinguish betwixt the shew and power of godlinesse. We know that there be many in England who be truly godly, and mourn with us for all the errours and abominations that are in that land; But it is without controversie, that that Spirit which hath acted in the Courses and Counsels of these, who have retarded and obstructed the work of God, dispised the Covenant, forced the Parliament, murthered the King, changed the civill Government, and established so vast a Toleration in Religion, cannot be the Spirit of Righteousnesse and Holinesse, because it teaches not men to live godly and righteously, but drawes thē aside into errour, and makes them to bring forth the bitter fruits of impiety and iniquity, and therefore ought to be avoyded. And not only are such of our Nation as travaile in our Neighbour-land, to take heed unto themselves, that they receive not infection from such as are leavened with Errour, but these also who live at home, especially in those places where Sectaries, upon pretext of merchandise, and other civill imployments, ordinarily traffique and converse. Neither needs any man to be afraid of the power and successe of that party, they who have gadded about so much to change their way, shall ere long be ashamed; The Lord hath rejected their confidences, and they shall not prosper in them; How farre they may proceed in their Resolutions and Actings against this Kingdome, is in the hand of the most high; If the Lord shall suffer that party to invade this land, it may be the comfort and incouragement of all the Inhabitants thereof, that not only hath that unlawfull engagement against the Kingdom of England been declared against, and condemned both by Kirk and State; but also that these men can pretend no quarrell against us, unlesse it be, that we have adhered unto the Solemn League and Covenant, from which they have so foully revolted and backslidden; and that we have borne testimony against Toleration, and their proceedings in reference to Religion and Government, and the taking away of the Kings life: And therefore we trust that in such a case none will be so farre deficient in their duty as not to defend themselves against such injust violence, and in the strength of the Lord to adhere unto their former principles, with much boldnes of spirit, and willingnesse of heart; In this certainly we shall have a good conscience and the Lord shall be with us.

We are not so, to have the one of our eyes upon the Sectaries, as not so hold the other upon the Malignants, they being an enemy more numerous, and no lesse subtile and powerfull nor the other, and at this time more dangerous unto us, not onely because experience hath proven that there is a greater aptitude and inclination in these of our Land, to complie with Malignants then Sectaries, in that they carry on their wicked designes under a pretext of being for the King; But also because there be many of them in our own bowels, and for that they doe pretend to be for maintenance of the Kings Person and Authority, and (which is the matter of our grife) because the King ownes their principles and wayes; which if it be not taken heed unto, may prove a great snare, and dangerous tentation to many to side with them against the Lords people, and his cause. The constant tenour of the carriage of these in this land, who stand for the cause of God, are undeniable arguments of their affection to Monarchy, and to that Royal Family and Line wᶜʰ hath sweyed the Scepter of this Kingdom for many hundreds of yeers past. Albeit his Majestie who lately reigned, refused to harken to their just desires; yet did they with much patience and moderation of mind, supplicate and solicite his Majesty for satisfaction in these things that concern Religion and the Covenant, and were still willing, that upon satisfaction given, he should be admitted to the exercise of his power; and whatsoever envie and malice objects to the contrary, were carefull to get assurance concerning the safety of his Majesties Person, when they brought their army out of England; and when notwithstanding of that assurance, the prevailing party of Sectaries were acting for his life, did to the utmost of their power, endeavour by their Commissioners that there might have been no such proceeding; And when their desires and endeavours were not successfull, did protest and bear testimony against the same. And, as both Kirk and State had testified their tender respect to his Majesty who now reigns, by their Letters written to him whilst his Father was yet living, So no sooner did the Parliament heare of his Fathers death, but they did with all solemnity proclaim him King of these Kingdoms; And after they had acquainted his Majesty by Messages with their proceedings herein, Commissioners were sent both from State and Kirk instructed with power and Commission to expresse the affection of this Kingdome to Monarchy, and his Majesties Person and Government, together with their desires concerning the security of Religion, and the Peace of those Kingdoms. And albeit the desires of both which are now published to the world, with his Majesties answers thereto, are such as are most just and necessary; yet the Counsels of the malignant party had so great influence upon his Majesty, that his answers are not only not satisfactory, but short of that which was many times granted by his Royall Father, and cannot be acquiesced unto, unlesse we would abandon the League and Covenant, and betray Religion, and the cause of God.

We hold it the duty of all who live in this Land, to wrestle with God in the behalfe of the King, that he may be recovered out of the snare of evill Counsell, and brought to give satisfaction to the publick desires of Kirk and State; and in their places and stations to use all endeavours with himselfe and others for that effect, and to be willing, upon satisfaction given, to admit him to the exercise of his power, and cheerfully to obey him in all things according to the will of God, and the Lawes of the Kingdom, and to do every thing that tends to the preservation of his Majesties person, and just greatnesse and Authority, in the defence and preservation of the true Religion and Liberties of the Kingdomes.

But if his Majesty, or any having, or pretending power and Commission from him, shall invade this Kingdom, upon pretext of establishing him in the exercise of his Royall power, as it will be an high provocation against God to be accessory or assisting thereto, so will it be a necessary duty to resist and oppose the same. We know that many are so forgetfull of the oath of God, and ignorant and careles of the interest of Jesus Christ and the Gospel, and doe so little tender that which concerns his Kingdom and the Privileges thereof, and do so much dote upon absolute and Arbitrary Government for gaining their own ends, and so much maligne the Instruments of the work of Reformation, that they would admit his Majesty to the exercise of his Royall power upon any termes whatsoever, though with never so much prejudice to Religion, and the Liberties of these Kingdomes, and would think it quarrell enough to make War upon all those who for conscience sake cannot condescend thereto. But We desire all these who fear the Lord, and mind to keep their Covenant impartially to consider these things which followes.

1. That as Magistrates and their power is ordained of God, so are they in the exercise thereof, not to walk according to their owne will, but according to the Law of equity and righteousnesse, as being the Ministers of GOD for the safety of his People; Therefore a boundles and illimitted power is to be acknowledged in no King nor Magistrate; Neither is Our King to be admitted to the exercise of his power as long as he refuses to walk, in the Administration of the same, according to this rule, and the established Laws of the Kingdom, that his Subjects may live under him a quiet and peaceable life in all Godlinesse and honestie.

2. There is ane mutuall Obligation and Stipulation betwixt the King and his People; As both of them are tied to GOD, so each of them are tied one to another for the performance of mutuall and reciprocal duties: According to this, It is Statute and Ordained in the 8 Act of the 1 Parliament of King James the 6, “That all Kings, Princes or Magistrates whatsoever, halding their place, which hereafter shall happen in any time to Raign and beare rule over this Realm, at the time of their Coronation and receipt of their Princely Authority, make their faithfull promise by Oath in the presence of the Eternall GOD, that during the whole course of their lives, they shall serve the same Eternall GOD to the utmost of their power, according as he hath required in his most Holy Word contained in the Old and New Testament, And according to the same Word, shall maintain the true Religion of Christ Jesus, the Preaching of His most Holy Word, and due and right ministration of His Sacraments now received and Preached within this Realm, And shall abolish and gainstand all false religion contrary to the same, And shall rule the people committed to their charge according to the Will and Command of GOD revealed in his Word, and according to the lovable Lawes and Constitutions received within this Realm, And shall procure to the utmost of their power to the Kirk of God and the whole Christian People, true and perfect peace in all time comming, And that Justice and Equity be keeped to all creatures without exception.” Which Oath was sworn, first by King James the 6, and afterwards by King Charles at his Coronation, and is inserted in our Nationall Covenant, which was approven by the King, who lately Reigned: As long therefore as his Majesty who now Reignes, refuses to hearken to the just and necessary desires of State and Kirk, propounded to his Majesty for the Security of Religion, and safety of his People, and to engage and oblige himself for the performance of his Duty to his People, It is consonant to Scripture and reason and the Laws of the Kingdom, that they should refuse to admit him to the exercise of his Government, untill he give satisfaction in these things.

3. In the League and Covenant which hath been so solemnly sworn and renewed by this Kingdom, the Dutie of defending and preserving the Kings Majesties Person and Authority is joyned with and subordinat unto the dutie of preserving and defending the true Religion and Liberties of the Kingdoms: And therefore his Majestie standing in opposition to the just and necessary publick desires concerning Religion and Liberties, it were a manifest Breach of Covenant, and a preferring of the Kings interest to the interest of Jesus Christ, to bring him to the exercise of his Royal power, which he, walking in a contrary way, and being compassed about with Malignant counsels, cannot but employ unto the prejudice and ruin of both.

4. Was not an Arbitrary Government and unlimited power, the fountain of most of all the Corruptions both in Kirk and State? And was it not for restraint of this, and for their own just defence against Tyranny and injust violence, which ordinarily is the fruit and effect of such a power, that the Lords People did joyn in Covenant, and have been at the expense of so much blood, pains and treasure these yeers past? And if his Majestie should be admitted to the exercise of his Government before satisfaction given, were it not to put in his hand that Arbitrary Power, which we have upon just and necessary grounds been so long withstanding, and so to abandon our former Principles, and betray our Cause?

5. The King being averse from the Work of Reformation and the instruments thereof, and compassed about with Malignant and disaffected men, whom he hearkens unto as his most faithfull Counsellers, and looks upon as his best and most Loyall subjects, We leave it to all indifferent men to judge, whether his Majestie, being admitted to the exercise of his Power before satisfaction given, would not by such Counsells endeavour an overturning of the things which GOD hath wrought amongst us, and labour to draw publick administrations concerning Religion and the liberties of the Subject, unto that course and channall in which they did run under Prelacie, and before the Work of Reformation: Which we have the more cause to fear, because his Royall Father did so often declare, that he conceived himself bound to employ all the power that GOD should put in his hands to the utmost for these ends; and that he adheres as yet to his Fathers Principles, and walkes in his way, and hath made a Peace with the Irish Rebels, by which is granted unto them the full liberty of Popery.

6. It is no strange nor new thing for Kingdoms to preserve Religion and themselves from ruine, by putting restraint upon the exercise of the power and Government of those who have refused to grant those things that were necessary for the good of Religion and the Peoples safety; There have bin many precedents of it in this and other nations of old, and of late. Upon these and other important considerations, It shall be the wisdom of every one who dwell in the Land, to take heed of such a temptation and snare, that they be not accessory to any such designes or endeavours, as they would not bring upon themselves, and upon their families, the guilt of all the detriment that will undoubtedly follow thereupon to Religion and the Covenant, and of all the miseries and calamities that it will bring upon his Majesties Person and throne, and upon these Kingdoms; Such a thing would in all appearance be the undermining and shaking, if not the overthrowing and destroying of the work of Reformation: And therefore whosoever attempt the same, oppose themselves to the Cause of GOD, and will at last dash against the Rock of the LORDS Power, which hath broken in pieces many high and lofty ones since the beginning of this Work in these Kingdoms: And it is unto us a sure Word of Promise, That whosoever shall associate themselves, or take counsell together, or gird themselves against GOD and His Work, shall be broken in pieces.

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Records of the Kirk of ScotlandChapter LXX: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (67)

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