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B05226 Act repealing all acts of Parliament or Committee made for the late unlawfull engagement, and ratifying the protestation and opposition against the same. Scotland. Convention of Estates. 1649 (1649) Wing S1157A; ESTC R183954 8,826 22

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made before God a Solemn Acknowledgement of the publick sins and breaches of the Covenant and a Solemn Ingagement to all the duties therein contained Namely these which do in a more special way relate unto the dangers of these times that Gods judgement drawn upon the Nation by such a sinfull course by a prevalent party of the representative body may be removed and the like in time coming prevented So also that all pretence of Law at home for prosecuting of these courses And that all pretence of quarrell from abroad against this Nation for the same may be taken away And to testifie the firm resolution and earnest desire of this Kingdom to preserve inviolably the Union betwixt the Kingdoms The Estates foresaids do hereby finde and declare the Kings Concessions at the Isle of VVight and late Declarations emitted by the Parliament and Committee to be unsatisfactory to them and destructive to the Cause and Covenant And doth disclaim condemn annull repeal and declare to be void and of non-effect the Acts after mentioned as being in themselves from the beginning unjust and unlawfull and contrary to the Word of GOD and Solemn League and Covenant and large Treaty betwixt the Kingdoms The fourth Act intituled Act anent the resolutions of Parliament concerning the breaches of the Covenant and Treaties betwixt the Kingdoms of Scotland and England and demands for reparation thereof The sixt Act intituled Act for putting of the Kingdom in a posture of VVar for defence and constituting the Committees of VVar of the severall Shires The seventh Act intituled A Declaration of the Parliament of Scotland to all his Majesties good Subjects of this Kingdom concerning their resolutions for Religion King and Kingdoms in pursuing the Ends of the Covenant The eight Act intituled Desires of the Parliament of Scotland to the Honourable Houses of the Parliament of England The ninth Act intituled Act anent the Levies of horse and foot to be put out by the Shires and Burghs and the List of the Colonels with their numbers The eleventh Act intituled Act in favours of the out-reikers of Horse and Foot The sixteenth Act intituled A Letter from the Parliament of Scotland to the severall Presbyteries within the Kingdom The eighteenth Act intituled Act anent the Oath to be taken by the Committees of VVar in the severall Shires The nineteenth Act intituled Act and Ordinance concerning the Garrisons within the Kingdom for provision of the Forces thereof and adding of two moneths Maintenance to the former five The twenty Act intituled Act for raising of Troops The twenty third Act intituled Act Ordaining all Ministers to exhort their people to obedience to the Laws of the Kingdom and assuring these Ministers of their stipends during their lifetimes The twenty fourth Act intituled Act Ordaining the whole Members of Parliament Noblemen Barons Burgesses and all other Subjects and inhabitants of the Kingdom to subscribe this Act for defence of the lawfulnesse of this Parliament and obedience to the Acts thereof The twenty sixt Act intituled Act and Declaration of Parliament and Answers to the supplications from Synods and Presbyteries The twenty seventh Act intituled Act and Declaration of Parliament in Answer to the Petitions presented to them from some Committees of War of Shires And all other Acts or parts or clauses of any other Act of the last Parliament published and grounds and pretences thereof in so far as they import the approbation pursuance or furtherance of the said late unlawfull Engagement And this generall clause is declared to be also sufficient for repealing and annulling of them as if the tenour thereof were herein insert wherewith the Estates dispense Siclike the Estates annuls rescinds and repeals among the imprinted Acts the Commission granted to the close Committee concerning Berwick and Carlile against which divers Members of Parliament entred their dissent and Protestation the Commissions granted to Duke Hamilton and other Officers of the Army The Ordinance in favours of these that protested in Fyfe and Hadingtoun The Ordinance for giving thanks to these who in the severall Shires presented Petitions or writ Letters for encouraging the Parliament to go on in the Engagement The Act anent the Colledge of Justice and their Colonell The Act anent the Lord Cochrane Laird Garthland and Alexander Crawfurd their going to Ireland The Act ratifying the Acts of Committee made in the recess of Parliament and all other unprinted Acts or clauses of unprinted Acts grounds and pretences thereof in so far as they import the approbation pursuance or furtherance of the said late unlawfull Engagement And this generall clause is declared to be al 's sufficient for repealing and annulling them as if the tenours thereof were herein insert In like manner the Estates of Parliament condemns annuls and rescinds all the Acts of the Committee of Estates contained in the table subjoyned to this Act And all other Acts or parts or clauses of any other Acts of the said Committee of Estates grounds and pretences thereof in so far as they import the approbation pursuance or furtherance of the said late unlawful Engagement and this generall clause is declared to be also sufficient for repealing and annulling of them as if the tenour thereof were herein insert wherewith the saids Estates dispense And in like manner do annull condemn and repeal all Acts made and deeds done by the former Parliament and Committee of Estates contrary to the Liberties of the Kirk or any wayes encroaching upon the same in particular these which follow First their emitting of Declarations containing things highly concerning Religion not only without advice and consent of the GENERAL ASSEMBLY and their Commissioners but contrary to their express Desires Supplications Remonstrances and Declarations declaring the same to be dangerous and destructive thereto especially the restoring of the King to honour freedom and safety without sufficient security first had from him for securing of Religion as is more fully expressed in the Desires and Representation of the Commissioners of the Generall Assembly Secondly the putting of an unsound gloss in the close of the Declaration of the Parliament upon the Covenant and Acts of the Generall Assembly in these things that concern our duties to the King as is clearly holden forth in the Representation of the Commission of the Assembly Thirdly The making provision for securing of the stipends of such Ministers as shall be censured for their concurring in or preaching for the unlawfull Engagement against England Fourthly their gross misrepresenting of the proceeding of the Commission of the Generall Assembly by the Parliaments Letter of May the eleventh to the severall Presbyteries and endeavouring to incense them against the Commission of the Generall Assembly and to pre-possess with prejudices the Commissioners to the following Assembly Fifthly the taking upon them in the Act and Declaration of the Parliament commonly called the Band to judge and determine such things without advise of the Kirk wherein the Assemblies of the Kirk have a
ACT Repealing all ACTS of PARLIAMENT OR COMMITTEE Made for the late unlawfull Engagement and ratifying the PROTESTATION AND OPPOSITION against the same EDINBURGH Printed by Evan Tyler Printer to the Kings most excellent Majesty 1649. ACT Repealing all Acts of Parliament or Committee made for the late unlawful Engagement and ratifying the Protestation and opposition against the same At Edinburgh the sixteen day of January the yeer of God One thousand six hundred fourty nine years THE Estates of Parliament presently conveened in this second Session of the second Trienniall Parliament by vertue of an Act of the Committee of Estates who had Power and Authority from the last Parliament for conveening of the Parliament Taking to their most serious considerations after so great judgments and deliverances on Gods part and after so Solemn an Acknowledgment and Covenant renewed on their part the Acts of the last Session of Parliament Beginning the second of March and ending the tenth of June 1648. And of the Committee of Estates before September last and the proceeding of the Forces raised by them in the first and second Levie and these brought out of Ireland and of the Committees of War in the severall Shires appointed by them with the grounds reasons and pretences therefore whither contained in the Kings concessions at the Isle of Wight or set down in their Declarations as in the fourth and seventh sixteen twenty six twenty seven Acts of the last Parliament and in their Declaration to the Kingdom of England emitted by the Committee of Estates the twenty eight day of June last when their Army went into England in establishing carrying on and prosecuting the late Engagement against the Kingdom of England and raising the first and second Leavie in pressing the same at home by unlawful Bands and cruel Plunderings and in rejecting all Warnings Petitions Remonstrances from the Kirk Judicatories and from Shires at home and all Remonstrances and offers of Treaty made from the Parliament of England by their Commissioners in refusing to declare the Kings Concessions at the I le of VVight unsatisfactory to them in trampling under foot the Liberties of the Church at home in invading of the Kingdom of England and surprizing of their Towns and marching through their Counties and associating with the Malignant party there in returning after their defeat to Scotland to renew their oppression in this Kingdom and invasion of England and to that end in the raising of new Forces sending Commissions to the classed Incendiaries of this Kingdom who by standing Acts of Parliament were debarred from all Trust for their joyning in the late Rebellion and in many other ways acts and deeds cuting their designe at home and abroad And considering the several offers and desires made by the Commissioners of the Kingdom of England for continuing the Peace and Union and the many earnest and humble Petitions from severall Shires and the most part of Provinciall Synods and Presbyteries and the just and necessary Desires Remonstrances and Declarations of the Commissioners of the Church to the Parliament and Committee with their unsatisfactory Answer thereunto and the Papers past betwixt the late General Assembly and the Committee and the Dissent and Protestations entred in the Parliament by a great number of every Estate and that of such as hath been most instrumental and constant in this Cause since the beginning And withall taking to their serious consideration the manifold solid reasons against the Engagement expressed in the Remonstrances of the Commission of the Kirk given in to the Parliament And of the unanimous Declaration of the late General Assembly and the reply of their Commissioners demonstrating from the Word of God the unlawfulnesse of the said Engagement and evidencing the many Breaches of Covenant and Treaties of Peace the many wrongs done to the Liberties of the Church and oppressions of the people of God and many other unlawfull ingrediences in the matter manner nature and effect of that Engagement And therefore denouncing Gods judgment against it And warning the people to do their duty for the Cause of God and to the Covenant against all lets and impediments All which was seconded so speedily and immediately by Gods own hand stirring up the hearts of his conscientious People to the resolution of opposing so great a defection from the Cause and Covenant And by his performing the Counsell of his Messengers and confirming the words of his servants in the defeat of that Army and their overthrow in England with their associats in England As also in scattering of the remainder of that force returned unto Scotland and joyned with these who at home were enslaving this Kingdom and in devesting them with their own consent by Treaty with so little blood of all outward force and exercise of State-power untill the determination of this Parliament And the Estates pondering seriously the great necessity and manifold reasons pressing the Protesters in Parliament with the assistance of the constant Covenanters throughout the Land To make that opposition in Armes so trysted directed and countenanced by Gods own good hand upon them as is more expressed in the Declaration of the Committee of Estates of the seventh of October last and Information of the Kirk published to the view of the world upon the ninth day of October last Therefore and for many other reasons and considerations convincing them in their consciences That the foresaid proceedings of the late Parliament and Committee in the appointing and prosecuting that Engagement against England and in the oppressing of the Church in her Liberties and of the good People throughout the Land in their persons and estates And which is most of all in their consciences by force and violence causing the people to sin after they had declared by their Petitions the same was against the light of their consciences were unlawfull before God and against his Word were breaches of the Solemn League and Covenant which being an Oath to GOD so necessary is not alterable by any humane Authority and of the Treaties betwixt the Kingdoms and under pretence of doing for Religion for the King for the Kingdoms did really tend as doth now more appear to the ruining of Religion undoing of the King and dividing of the Kingdoms And which in few moneths hath more wasted the substance of this Kingdom and especially of the wel-affected then all our former troubles And hath led out a forced multitude to slaughter or slavery with so great reproach and disgrace to the Nation and occasioned a powerfull Army to enter the bowels of this Kingdom in put suit of their enemies who had invaded England to the great endangering of this Kingdom and so laying the Land open and making it lyable to the guilt and miserie of an unjust and offensive War drawing down Gods judgements and exposing us and our posterity to invasion from our neighbour Kingdom if God in his providence had not remedied the same As the Estates of Parliament have
Kingdomes Warrand to Duke Hammilton to Garison the houses of the best affected in the West Warrand to the Marquesse of Argyle to deliver Lamond Commission to the Earle of Crawford to command the forces that come out of Ireland Act for drawing Dittayes against the Ministers and for continuation of their processe untill a new citation Commission to Sir Robert Dowglas of Blakerstone a prime classed malignant for having hand in the rebellion of James Grahame to uplift the fines of the honest men in the West for being at Mauchlin Moore Commission to young Maclene who had been in the Rebellion to be a Collonell Declaration anent the Lord Inchiquin and his army Warrand to Duke Hammilton to invade England The Declaration of the Committee of Estates anent the necessity of invading of England Act for repaying monies advanced for the Ingagement Letters to Lambert to joyn with Duke Hammiltons army Warrand to Mr. George Halyburton to borrow mony in England upon publick faith unlimited Letters to the King and Parliament of England shewing their intentions in the Engagement lent with Mr. George Halyburton Act taking of Sir John Drummonds restraint Commission to Lauderdale to secure Berwick Severall answers of the Committee of Estates and messages to the Generall Assembly most unsatisfactory Protection of Patrick Leslie from the censure of the Generall Assembly Imprisonment of Greenhead and Colonell Scot. Approbation of the Lord Cochrane and Laird of Garthlands proceedings in Ireland Act allowing of twenty thousand pounds to Lord Cochrane and Laird of Garthland Act for the new Levie of one thousand five hundred horse under pretext of ane Guard to the Prince Commission to Macintosch for ane Garison to the house of Innerlochie Warrand to levie Troopes for advancing the Ingagement Commission to Duke Hammilton to be Governour of Berwick and the Earle of Calendar of Carlile Precept to Generall Major Robert Monroe for ane thousand pound sterling Warrand to the Commissioners to deliver victuall to Seaforth Machlene and Macdonald who were in the former rebellion for entertaining of their force Warrand to discharge the Garisons of Dowart Moy and others whereof the Marquesse of Argyle had the keeping Commission to Macconnel to depute another in his place himself all his friends being in the Rebellion Macconnel discharged of his former Rebellion and imployed without finding caution Act pardoning Macleane notwithstanding of the Acts of the third and eight of February 1648. whereby he is declared to have forfeited their pardon Charge to the Marquis of Argyle to deliver Lamond under the pain of Rebellion and his escheat to fall Warrand for removing all out of the Abbey Act approving the cashiering of Sir Dugald Campbell of Auchinbreck and VVilliam Campbell from their places in Argyles Regiment and placing others therein for their not concurrence in the Engagement Act discharging the Presbyterie of Linlithgow from the exercise of their calling in admitting a Minister and ordaining the Kirk doors to be locked Letters relating to the Engagement Letter for raising of the Atholl men who had been in the Rebellion VVilliam Gordon of Monymore an active and bloody Instrument in the Rebellion set at liberty freely Warrant for publishing the Committees Observations Princes Declaration and Information of publick proceedings Earl of Airlie discharged of seventeen moneths Maintenance The Petition from the Committee of Stirling Shire anent their Ministers committed New Commissions and Warrants Earl of Seaforth Makgleud Sir James Macdonell contrary to standing Acts of Parliament Commission to the Earl of Lanerk to be General Severall Letters expressing they would not live and out live that Engagement Lauderdails instructions to bring Forraign Forces out of France Holland or elsewhere Letters to the Cardinall of France Blank Commission to Lauderdail Warrant to engage the Publick faith of the Kingdom for money abroad and for Armes and Ammunition A strict union with Holland for assisting the prosecution of the Engagement Promise to restore the Queen Landerdails instruction to the Prince Letters to the Queen inviting her to return and to interpose Letters to the Prince of Orange and States of Holland requiring Forraign assistance Commission to the Earl of Seaforth Sir John Mackenzie and all other Commissions for levying Forces Act made at Stirling and other places for bringing out all betwixt sixty and sixteen for their assistance Act for giving to Sir Hary Gib two thousand pound Stirling Commission for Innercauld his Regiment and watch Act for assignments upon severall Shires for Maintenance and Excise and specially Air and Galloway and all others in that kinde Disposition of the forfaultry of Midkeltoun Warrants to admit to the Committees of War these that were in the first and second Classes Act for repaying money that was disburst for the Engagement Assignation of the Excise to Captain Maine and Master Mauld All others Acts done by these Members of the Committtee who had taken the Oath before or after the first of September at Stirling or any where else in prosecuting of the said Engagement and opposition to the Covenanted Forces risen in defensive Arms. And Ordains the same presently to be published at the Mercat Crosse of Edinburgh and thereafter to be printed William Scot Cler. Parl. FINIS
special interest of an antecedent judgement as who are enemies to Religion and who not and what are the most fit and necessary remedies for preserving of the same Sixthly their depriving of the Generall Assembly and their Commissioners of the liberty of Printing by putting an inhibition to the contrary upon Printers under the pain of death against severall Acts of Parliament Declaring and confirming the Kirks Libertie and Priviledge of Printing And siclike disclaims and condemns their impious usurpation in calling in the printed Copies of the Causes of a solemn universal Fast and Humiliation indicted by the Commissioners of the Assembly and inhibiting of the Printer to give any out of his hands thereby intending to interrupt the observing of the Fast by the want of information of the Reasons and Causes thereof And also annuls and repeals disclaims and condemns all and sundry other Acts made and deeds done by the said Parliament or Committee of Estates or by their Authority that may infer any prejudice to Religion or the power priviledges and Liberties of the Kirk which we are bound by so many strong Bands and Solemn obligations to maintain And siclike annuls and rescinds all Acts of Committees of Shires or Burghs Royall or of Regality Barony Courts or other Judicatories whatsoever made in pursuance of that Engagement And Ordains all the subscribed Copies of the Band condemned by the Generall Assembly to be brought in to the parliament or Committee of Estates to be disposed of as they shall think fittest And all other Acts grounds and pretences thereof in so far as they import the furtherance or pursuance of the said late unlawful Engagement Likeas the Estates of Parliament upon the manifold abovementioned grounds more fully related in the Declaration of the Committee of Estates and Information of the Kirk being perswaded that the Protestations of the Members made in Parliament and their Opposition since by defensive Armes for the safety of the Covenant Cause and themselves from ruine against so great a defection carried on with so great oppression and their proceedings in the Treaty at Stirling divesting the ingagers with their own consent of power and force which they had in their hands and their assurance given by the Act of the sixt of October to the Kingdom of England for debarring of the Authors and Abettors of that Engagement from places of publick Trust or Power without their consent which was demanded by their forces as the least satisfaction and security before their removal and their proceedings by publick Acts in the pursuance of these two Treaties to seclude those who had concurred in the Engagement from power in Judicatories Armies or places of Trust untill the determination of a Parliament were lawful in themselves and necessary for them according to the condition of affairs Therefore the Estates of Parliament did allow approve of and confirm the Dissent and Protestation made in Parliament by many Faithfull Members of each Estate whereof the tenour follows Whereas the draught of a Declaration hath been read concerning the breaches of the Covenant in matters of Religion and the Demands to be made for remedy and reparation thereof the dangers to Religion and the duties whereunto we are obliged by Covenant for Reformation and Uniformity in Religion and the security to be had for the establishing the same upon which grounds also a War is principally founded And whereas we have earnestly desired and insisted that there may be no proceeding to any determination concerning the said Declaration before the Commission of the General Assembly be first consulted therein We do hereby enter our Dissent from proceeding to the determination of matters so highly concerning Religion without the advise and concurrence of the Kirk as a preparative of most dangerous consequence to Religion and destructive to the Liberties of the Church as contrary to the Nationall and Solemn League and Covenant and to the known Laws and constant practise of this Kingdom And we do Protest that we may not be included in any such Vote or Resolution but may be free of all the guiltiness confusions distractions and evils whatsoever that may follow thereupon to Religion the King this Kirk and Kingdom and the union betwixt the Kingdoms And siclike allowes the rising of such Shires and others who joyned in Armes for opposing of the said engagement and rescuing the Kingdome from the oppression of the forces under the command of the Earle of Crawford Earle of Lanerk and George Monro and their proceedings in pursuance thereof and also ratifies the late Treaty at Stirling and Edinburgh upon the twenty sixt and twenty seventh of September last and siclike allowes the Treaty and Engagement to the Kingdome of England by their answers of the sixt of October last for debarring of the ingagers from publick trust in this Kingdome without their consent Siclike the two Acts of Committee of the twenty second of September and fourth of October and the Act of the ninth of November all made for debarring of these who concurred in the late Engagement from the exercise of publike places or trust untill the determination of this Parliament Likewise the Declaration of the Committee of Estates concerning their proceedings in opposition to the late unlawfull Engagement against England of the date the seventh of October last published to the world and the Act of the said Committee for making of the publike acknowledgement and renewing of the Covenant and the Act of the Committee of the fourteen of October last All which the Estates of Parliment as is aforesaid doe allow confirm and ratifie in all the Heads Clauses and Articles thereof And this generall clause is declared to be al 's sufficient for ratifiing and confirming the saids Acts and Clauses thereof as if the Tenors of the same were here particularly insert Wherewith the Estates foresaids doe hereby dispense Followes the list of the Acts of the Committee of Estates for advancing the Ingagement Act for displacing of such of the Committee of Warre as would not take the Oath Act for sending the forty thousand pounds to Ireland Warrand to quarter upon the deficients in the unlawfull Ingagement Letters to severall Shires for advancing the Levie Letters Commissions Desires and Answers for bringing the forces out of Ireland Warand for imprisoning the Magistrates and Counsell of Glasgow for their deficiencie in the Levie The Oath to be taken by the Committee for maintaining the proceedings of Parliament Approbation of the Earle of Callendar and Generall Major Middleton for their base cruell and unnaturall proceedings against the honest and conscientious people that met at Machline Moore for their own defence whilk was not done without the basenesse and treachery of some Protection to the Captain of Clanrainold and Maclene excommunicate bloody Rebels Act for stopping of printing notwithstanding the Kirks liberty Letter to the army in Ireland to proceed against these that refused to obey their Orders for the Ingagement as enemies to Religion King and