The ACT of CLASSIS for purging the IUDICATORIES and other places of publick Trust.
AT Edinburgh the twenty third day of Ianuary 1649. years. The Estates of Parliament presently conveened, in this second Session of the second Trienniall Parliament, By vertue of an Act of the Committee or Estates, who had power and authority from the last Parliament for conveening the Parliament; Considering, That forsameikle as the late Committee of Estates, did in the indiction of the Parliament by their Act of the 27. of October last, declare and warn, as after follows, To wit, That whereas the corruption of Judicatories of this Kingdom and Officers of Estate, and others persons in publick trust, have been the cause and fountain from whence our former evil hath proceeded. And whereas by our Solemn Acknowledgment agreed upon by Church and State, We are bound to God, by our Engagement to England we are bound to them, and by the forecited and publict Declaration, we are obliged before the World, to indeavour the purgation and reformation of our Judicatories and places of publick trust: And forasmuch as the foresaids Persons, and all who are in publick trust are liable to the judgement and censure of Parliament for their procedure in their severall places and Offices: Likeas by the Agreement at Edinburgh and Striviling all such as have been imployed in publick place and trust, and have been accessory to the late unlawfull Engagement should forbear the exercise of their places in the mean time; and all Questions are referred to the Determination of the Parliament: And whereas by the said Treaty, all these who have been accessory to the said Engagement are challengeable for their said accession, at the least in so far as concerns their places and publick trust, and the debarring of them from any of these. Therefore the Committee of Estates doth hereby warne and cite all and every one of these who exercised any office, place, or publick trust, or who were Members, or Clerks of any publick Iudicatories, of whatsoever degree, quality, or condition soever, in Burgh or Land within this Kingdom, and hath been accessory to the late Engagement, or are guilty of the faults mentioned in the Printed Acts of the twenty two of September, and fourth of October, To compeir before the Estates of Parliament at Edinburgh the 4. day of Ianuary next to come in a peaceable way, accompanied [Page 2]onely with their own domestick Servants, to hear and see the Parliament take such course, as they in their Iustice and Wisdom for the good of the Kingdom shall think fit, for purging of the Judicatories, and for declaring their places vacand, and filling them with such as are able and qualified persons, fittest for the service, and may give most contentment, and as have continued constant in the Covenant and Cause in the time of tryall, And for debarring them (who are put out) from any other publick places, or trust, during such time, and in such manner, as the Estates of Parliament shall think fit, With certification to every one of the persons concerned as is abovesaid, and warned by this publick Proclamation, (which the Committee of Estates declares, That they finde it a sufficient intimation in this noture case of so great and publick a back-sliding to all persons concerned therein for the effect foresaid, to be esteemed by them equivalent to a personall citation, or at their dwelling house upon particular summonds against every one of them) to compeir before the Estates of Parliament as is before said and compeir not, That then the Estates will proceed both to determine the generall question and the particular concerning their places and trust, and take what farther course, they shall think fitting for the good of the Kingdom: And forsameikle, as the Estates of Parliament being now conveened have ratified the foresaid Act in all the heads thereof, and by open Proclamation intimate the fame. Likeas they have made their solemn Acknowledgement of the publick sins and beraches of the Covenant, and their Solemn Ingagement to all the duties contained therein, namely these which do in a more speciall way relate to the dangers of these times; And in relation thereto have renewed their Solemn League and Covenant before God: And by their Act of the 16. of Ianuary instant, have disclaimed and condemned the late unlawfull Engagement, as contrary to GODS Word, and a manifest breach of Covenant and Treaties, as destructive to the Cause and Covenant, to Religion, the King and these Kingdoms: And is the cause of all the oppressions and miseries that hath followed or may follow thereupon: And therefore, and for many other reasons, Have annulled and repealed all Acts made by the late Parliament and Committee of Estates in prosecution thereof, and have ratified and approven the Protestation in Parliament and opposition made thereof by this Kingdom against the Authors and Abettors thereafter, and the late Treaty made at Stirling, debarring all accessory to that unlawful Engagement from the exercise of their places or publick trust, untill the meeting & determination of this present Parliament, unto whom all Civill questions are referred: And likewise hath confirmed the assurance given by the Committee unto the Kingdom of England that we should not admit any of these authors or abettors of the late Engagement to any publick place or trust without the consent of that Kingdom against w ch their Engagement was, as is more fully exprest in their Answer of the 6. of October last. And whereas the Estates of Parliament, are not only satisfied of the truth, lawfulness and necessity [Page 3]of the foresaid grounds, but also are convinced in their consciences from the Word of God, from the large Treaty between the Kingdoms, and from their Oath of Parliament, from their solemn League and Covenant, especially from the 2.4. and 5. Articles thereof, and from sad and dear-bought experience, That the Malignant dealing of some, and the profane loose walking of others who have been Members of Iudicatories, and imployed in places of power and publick trust hath been a chief cause of all the evils both of sin and punishment under which the Land now groans; And that the Lord requires in his Word, that those who judge and bear charge among his people should not only be able men, but such as fear God, hate covetousness, and deal truly. And that it is of speciall importance for the remedie of all our evils, and for securing and advancing of Religion & Righteousness, for keeping a right understanding between the Kingdoms, and for prosecuting all the ends of the solemn League & Covenant, and for removing the judgement of God and preventing or disappointing all the designs and opposition of enemies of all sorts, and for procuting the blessing of God upon the whole Land, That men not only of known ability, but also of approven integrity and constant affection to the Cause and good and Christian conversation, be intrusted in all Iudicatories and places of power and trust, according to the seventh desire of the Commissioners of the Church given in to the last Parliament, as so absolutely necessary for the securing of Religion, which by the Ingagers themselves in the Treaty at Stirling is submitted to the Church their determination. Which determination anent the qualifications aforesaids is clearly set down in the 5.6.7.10. and 12. pages of the Acknowledgement and their Declaration emitted to the world.
Therefore the Estates of Parliament remembering well the Laudable precedents of the Parliaments, 1641 and 1646 and severall others for purgation of the Judecatories and places of trust; And considering that all persons both by the common Law, by many Acts of Parliament, and the nature of their place and trust, are comptable for their proceedings in their severall places and trust, which they have ad vitam aut culpam: And pondering how great a fault it is to have had any hand or accession in the Inacting, or inforcing, or prosecuting so unlawfull an Engagement, thereby drawing on the Land (so far as they could) the wrath of God and all the miseries of a War with our Brethren of England, against Covenant, Treaties, and many warnings from the Kirk, and contrary to the Petitions from many Synods, Presbyteries and Shires, and the solemn Protestations of so great a number of each Estate in Parliament: They do in persuance of their solemn Acknowledgement, performance of their vows to God, Declaration emitted to the World, and assurance given to the Kingdom of England, both in the large Treaty, 1641. and late Answer 6. of October last, and for satisfying of the Kirks just desires for Purgation and Reformation of our Judicatories, and for determination of this question anent places of trust, referred by the [Page 4]Treaty at Sterling to their determination, and for deterring all others in this or subsequent generation, who shall be intrusted with publick power or place from drawing on this nation the guiltlesse and misery of inoffensive, unnecessary & unlawful war, and against Covenant and Treaties, and publick warnings from Church Judicatories and Shires, and for incouraging all who shal be in publick place or trust in times of new straits and trialls; To abide constantly by the Cause and Covenant, and to give evident testimonies thereunto against all defection and apostacie. The Estates of Parliament upon this and many other great and weighty considerations moving and pressing them to this necessary dutie, Do therefore Declare Inact and Ordain, that all these Officers of Estate, Members or Clerks of the Parliament, Committees thereof, secret Counsell, Session, Exchequer, Justice Courts, Commission for plantation of Kirks, or conservation of the Peace, Sherif Courts, Stewart Courts, Baillie Courts, Commissar Courts, Bailies of Regalitie Courts, Warden Courts, of his Majesties Mint-house, Admirall Court, Gild Court, Town Counsell, or any other publick Judicatorie, or Deacons of Crafts, and all who had any office, place, or publick trust, and all having deputation from, or dependance upon any of these aforesaid, who were guilty of any of the faults contained in the four severall Classes aftermentioned, shall be removed and secluded from publick trust according to the severall rules respective after following.
The first Classe.
The Estates declare all these to be comprehended in the first Classe, who were generall Officers, which led and accompanied the Army into England; And all those Officers that continued in the Engagement, who commanded the Forces at Mauchlin moore, or at Striviling, and all those who were principally active in perswading, or bringing over of the Forces from Ireland, and all these persons who were plotters, chief actors and prime promoters of the late unlawfull Engagement from the beginning to the end thereof, in Parliament, Committees, or otherwayes: And siclike all these who were chief actors and prime promoters of the horrid Rebellion of James Grahame, and who since have either accepted of charge or joyned as volunteers in the said unlawfull Engagement, or taken the Oath in Committees, or Subscribed the bond for themselves or others for the Engagement, or sate in the Committees or other meetings, and gave order for prosecuting the said Engagement, or who otherwayes gave or received, and execute orders against others for prosecuting the Engagement; As also such Clerks of Parliament, Committees thereof, secret Councell or Session, who were guiltie of any of the Faults contained in any of the Classe at St. Andrews, and retaining their former Principles of Malignancie, and have been Active in their places or imployments for promoving the late unlawfull Engagement.
The second Classe.
The Estates also Declare all these to be comprehended in the [Page 5]second Classe, who not being included in the first Classe, have been formerly Classed or Censured for Malignancie, or guilty of the crimes contained in the first and second Classe at St. Andrews, of the date at St. Andrews the [...] day of [...] one thousand six hundred and [...] years; And since have either accepted of charge or joyned as voluntiers in the said unlawfull Engagement, or taken the Oath in Committees, or subscribed the bond for themselves or others for the Engagement, or sat in Committees or other meetings, and gave order for prosecuting the said Engagement, or who otherwayes gave or received and execute Orders against others for prosecuting the Engagement; And siclike all those persons, although not formerly Classed, and not being included in the first Classe, who were Officers which were upon any of the expeditions into England or Scotland for the said Engagement; And siclike all these who concurred in Petitions, Protestations, Remonstrances or letters for moving of the Parliament or Committees to carrie on the Engagement; And siclike all these who protest against the cause of the Fast, or the Kirks Declarations, or Petitions of the Presbyteries or Kirk sessions against the Engagement, or read, or caused read at Kirk doors the Committees Observations against the Assemblies Declaration, or interrupted Divine Service, or Magistrates and persons of qualitie, or who removed at the reading of the Assemblies Declaration; Siclike all these who not onely took the Oath injoyned by the last Parliament for the Engagement in Committees, or subscribed the band, or Declared themselves ready to do the same, but also secluded others, or protest against others for their not taking of the Oath, or not subscribing of the Band; Siclike all these who injoyned and pressed others to subscribe the Band, or take the Oath for carring on the Engagement; And siclike all these who concurred as Members or Clerks in Acts of Parliament and Committee of Estates for prosecuting the said Engagement, or for pressing others thereunto, and such who consulted and gave advice for penning or prosecuting of the process against the honest Ministers who were at Mauchlin moore, or any others for their opposing or not joyning in the Engagement.
The third Classe.
The Estates likewise Declares all these to be comprehended in the the third Classe (who not being included in the first or second Class) sat in Parliament and Committee of Estates, and took the Oaths foresaid for the Engagement, or sat as Clerks in any of these or any other Judicatories, and gave no publick testimonie against the said Engagement, carried on therein by their service, or were any way known to have been for the same in their judgement manifested by their expressions and actions; Siclike all these persons who have taken the Oath foresaid, or subscribed the Band for the Engagement, or who in Committees of war or other meetings, Town Counsel or other Courts, have refused or opposed the desires of any Petitions from Shires, Presbyteries, Sessions or other Kirk Iudicatories [Page 6]against the Engagement, or concurred in Acts to force the Dissenters, Petitioners or others to concur in the first or second leavies, or other accession to the said Engagement, or with the Forces under the Earl of Crauford, Earl of Lanerick and George Monro; And siclike all such who were either forcers, urgers or seducers of others to concur in the said Engagement, or with the foresaid forces: And siclike all these who accept Commissions to be Officers, or joyned as voluntiers to the forces under the Duke of Hamilton or the Earls of Crauford, Lanerick or George Monro, Likeas all persons who in their speeches and actions did evidence their judgements for, and affection to that sinfull course, Or who (in such a time of triall) after such Petitions from the Shires, and such Declarations and warnings from the Church, evidencing to all the unlawfulnesse of the Engagement against Covenant and Treatie) did not give any countenance to the cause or testimony of their judgement and affection against such a defection and dangerous War, when, and where they had the opportunitie to do it with others.
The fourth Classe.
The Estates of Parliament in like manner Declares all these to be comprehended in the fourth Classe, who being Members of Judicatories, Clerks and persons in publick trust as aforesaid, are given to uncleannesse, bribery, swearing, drunkennesse, or deceiving, or are otherwayes openly profane, and grosly scandulous in their conversation, or who neglect the Worship of God in their families.
The Estates Declares, Enacts and Ordains, That all such Officers of Estate, Members of any Judicatory, Clerks and others before mentioned, and all persons in publick place or trust, who are guilty of any of the faults before specified, contained in any of the four Classes before set down, be presently removed by this Parliament, or such Committees or persons as shall be by them authorised with power to that effect) from their present places and Offices, and all other publick trust mentioned in the Act of Classe at St. Andrews or which hes deputation from, or dependance, upon the forenamed Judicatories or Officers (without prejudice of the subscription of them, in the mean time for the exercise of their places, conform to the Treaty and former Acts of Committee ratified in Parliament) And that these places belonging to them, ad vitam vel culpam be declared vacant, and filled with other persons, who are known to be free of these faults, and not onely to have sufficient ability, but also who have given reall proof of their constant affection to the Cause, and a good converlation; and that these who hereupon shall be removed from their places and offices, are hereby discharged from medling thereafter in any excercise, badge or benefit thereof, under the pain of confiscation of their movables, life rent of their estates, imprisonment of their persons, and of being declared for ever uncapable of the meanest publick trust within the Kingdom; Likeas the Estates of Parliament, upon the manifold grounds aforesaid, doth Declare, Enact, and Ordain, That none of these persons who are guilty of any of the [Page 7]crimes contained in the first Classe, shall ever be capable of, or admitted to any publick office, place or trust aforementioned within this Kingdom during all the dayes of their lifetimes; Likeas they Declare, Enact and Ordain, That none of these who are guiltie of any of the crimes mentioned in the second Classe, shall be capable, of or admitted to any publick office, place or trust aforementioned within this Kingdom for ten years to come. And farther, untill they have given sufficient evidence of their change of their Malignant principles and practices, and of their firm resolution and affection to promove the Ends of the Covenant in all times of subsequent triall (whereof the Judicatories of the Church and State respective having power for that effect are to judge impartially, as in GODS sight) And thereby have given satisfaction to the Kirk and to both Kingdoms so far wrought by them, according to the assurance given on the sixt of October last.
Likeas the Estates Declare, Enacts and Ordains, That no person who is guilty of any of the faults contained in the third Classe (excepting these as are after excepted) shall be capableof, or admtted to any publick place, office or trust aforementioned within this Kingdom during five years to come, and farther, untill they have given sufficient evidence of their change of their Malignant principles and practices, and of their firm resolution and affection to promove the Ends of the Covenant in all times of subsequent triall (whereof the Iudicatories of Church and State respective having power or that effect, are to judge impartially as in the sight of GOD) And thereby have given satisfaction to the Kirk and both Kingdoms so far wronged by them according to the assurance given on the sixth of October last.
Excepting these who before the time of the promoving of the Ingagement were known to have been honest in the Cause of God, and not Malignant, and who were known by their carriage to have been against the Engagement in their judgement, and did concur in Petitioning, dissenting, protesting, or rising in Armes or other wayes did bear testimony against it, as they had opportunity, and who not knowing the nature and drift of the Band or Oath for the Engagement, were deceived and ensnared to the subscribing or taking of the same, which persons having the foresaid qualifications, and giving satisfaction to the Kirk, are remitted to the next Session of the Parliament, at which time according to their Repentance and carriage, they may be declared capable of publick places and trust (so far as the Parliament shall think them fit.)
Likeas the Estates Declares, Enacts and Ordains, That no person guilty of any of the faults contained in the fourth Classe, shall be capable of, or admitted to any publick place or trust aforementioned within this Kingdom for a yeer to come; And farther, untill they have given to the Iudicatories of Church and State, respective, sufficient evidence of their change of their profane and scandalous life, [Page 8]and of their firm resolution and constant endeavour for a good and Christian conversation (whereof the Iudicatories of the Church and State shall judge impartially as in Gods sight) And this without derogation to the former Laws made against the same.
Likeas it is hereby declared, That where any persons are excluded by the former Classe from the exercise of their Heretable Offices, That during the time of their seclusion, these places shall be supplied by such Deputes, as the Parliament, Committee of Estates, or others Authorized by Parliament shall appoint to serve therein for the interim.
It is always hereby declared, That this present Act shall not be extended to these Minors who being guilty of any of the faults aforesaid, shall within three moneths after the publication hereof, if they be within the Kingdom, and if they be without the Kingdom, within the same space after their return to the Countrey, Give sufficient evidence to the Iudicatories of Church and State respective, having power for that effect of their Repentance, and of the change of their Malignant principles and practises, and of their firm resolution and endeavour to promove the Ends of the Covenant in all times of subsequent tryalls, and shall behave themselves accordingly unto their majority, and who within six moneths after their their majority shall ratifie the same.
It is Declared, That this Act is without prejudice, to what farther censure the Estates shall think fit to inflict upon these who are guilty of the faults aforesaid, and hath not by their due acceptance the benefit of the Treaty at Edinburgh and Stirling.
The saids Estates Declares, That they reserve to themselves, the consideration of such persons as may fall under the exception of the third Classe, and what shall be done concerning them in the Committees of War of the severall Shires when the Committees shall be nominate: And the saids Estates Ordains the Act foresaid to be Published at the Mercat Crosse of Edinburgh by an Herald, having displayed Armes by sound of Trumpet, And thereafter Ordains the same to be Printed.