Part 34

Now I think, none that acknowledge the word of God, can judge these sentences to be unjust; yet some, it may be, to flatter the powers, will call them disorderly and informal, there not being warning given, nor probation led. But for answer: there has been warning given, if not with regard to all these, at least with regard to a great part of them. And, for probation, there needs none, their deeds being notour and public, and the most of them such as themselves do avow and boast of. And as the causes are just, so, being done by a minister of the Gospel, and in such a way as the present persecution would admit of, the sentence is just, and there is no king, nor minister on earth, without repentance of the persons, can lawfully reverse these sentences upon any such account. God being the Author of these ordinances to the ratifying of them, all that acknowledge the Scriptures of truth, ought to acknowledge them. Yet perchance, some will think that though they be not unjust, yet that they are foolishly rigorous. We shall answer nothing to this, but that word which we speak with much more reason than they that first used it, "Should he deal with our sister, as with an harlot?" Should they deal with our God as an idol? Should they deal with His people as murderers and malefactors, and we not draw out His sword against them?

ACT AGAINST CONVENTICLES.[18]

Forasmuch as the assembling and convocating of his majesty's subjects, without his majesty's warrant and authority, is a most dangerous and unlawful practice, prohibit and discharged by several laws and acts of parliament, under high and great pains: and that notwithstanding thereof, diverse disaffected and seditious persons, under the specious but false pretences of religion and religious exercises, presume to make, and be present at conventicles and unwarrantable meetings and conventions of the subjects, which are the ordinary seminaries of separation and rebellion, tending to the prejudice of the public worship of God in the churches, to the scandal of the reformed religion, to the reproach of his majesty's authority and government, and to the alienating of the hearts and affections of the subjects from that duty and obedience they owe to his majesty, and the public laws of kingdom. For the suppressing and preventing of which for the time to come, his majesty, with advice and consent of his estates of parliament, hath thought fit to statute and enact, likeas they do hereby statute and command, that no outed ministers who are not licensed by the council, and no other persons not authorized, or tolerate by the bishop of the diocese, presume to preach, expound scripture, or pray in any meeting, except in their own houses, and to those of their own family; and that none be present at any meeting, without the family to which they belong, where any not licensed, authorized, nor tolerate as said is, shall preach, expound scripture, or pray: declaring hereby, all such who shall do in the contrary, to be guilty of keeping of conventicles; and that he, or they, who shall so preach, expound, or pray, within any house, shall be seized upon and imprisoned, till they find caution, under the pain of five thousand merks, not to do the like thereafter, or else enact themselves to remove out of the kingdom, and never return without his majesty's license; and that every person who shall be found to have been present at any such meetings, shall be _toties quoties_, fined according to their qualities, in the respective sums following, and imprisoned until they pay their fines, and further, during the council's pleasure, viz., each man or woman, having land in heritage, life-rent, or proper wadset, to be lined in a fourth part of his or her valued yearly rent; each tenant labouring land, in twenty-five pounds Scots; each cottar, in twelve pounds Scots, and each serving man, in a fourth part of his yearly fee: and where merchants or tradesmen do not belong to, or reside within burghs royal, that each merchant or chief tradesman be fined as a tenant, and each inferior tradesman as a cottar: and if any of the persons above-mentioned shall have their wives, or any of their children living in family with them, present at any such meeting, they are therefore to be fined in the half of the respective fines aforesaid, consideration being had to their several qualities and conditions. And if the master or mistress of any family, where any such meetings shall be kept, be present within the house for the time, they are to be fined in the double of what is to be paid by them, for being present at a house conventicle. And it is hereby declared, that magistrates of burghs royal are liable, for every conventicle to be kept within their burghs, to such fines as his majesty's council shall think fit to impose; and that the master or mistress of the house where the conventicle shall happen to be kept, and the persons present thereat, are to relieve the magistrates, as the council shall think fit to order the same; it being notwithstanding free to the council to fine the inhabitants of burghs for being present at conventicles within or without burghs, or where their wives or children shall be present at the same.

And further, his majesty understanding that divers disaffected persons have been so maliciously wicked and disloyal, as to convocate his majesty's subjects to open meetings in the fields, expressly contrary to many public laws made thereanent, and considering that these meetings are the rendezvouses of rebellion, and tend in a high measure to the disturbance of the public peace, doth therefore, with advice and consent foresaid, statute and declare, that whosoever, without license or authority foresaid, shall preach, expound scripture, or pray, at any of those meetings in the field, or in any house where there be more persons than the house contains, so as some of them be without doors (which is hereby declared to be a field conventicle) or who shall convocate any number of people to these meetings, shall be punished with death, and confiscation of their goods. And it is hereby offered and assured, that if any of his majesty's good subjects shall seize and secure the persons of any who shall either preach or pray at these field-meetings, or convocate any persons thereto, they shall, for every such person so seized and secured, have five hundred merks paid unto them for their reward, out of his majesty's treasury, by the commissioners thereof, who are hereby authorised to pay the same; and the said seizers and their assistants are hereby indemnified for any slaughter that shall be committed in the apprehending and securing of them. And, as to all heritors and others aforesaid, who shall be present at any of these field-conventicles, it is hereby declared, they are to be fined, _toties quoties_, in the double of the respective fines appointed for house conventicles; but prejudice of any other punishment due to them by law as seditious persons and disturbers of the peace and quiet of the kirk and kingdom.

And, seeing the due execution of laws is the readiest means to procure obedience to the same; therefore, his majesty, with consent and advice foresaid, doth empower, warrant, and command all sheriffs, stewarts of stewartries, lords of regalities, and their deputes, to call before them, and try all such persons who shall be informed to have kept, or been present at, conventicles within their jurisdictions, and to inflict upon these who shall be found guilty, the respective fines exprest in this act; they being always countable to the commissioners of his majesty's treasury, for the fines of all heritors within their bounds. And his majesty, for the encouragement of the said sheriffs, stewarts, and lords of regalities, to be careful and diligent in their duties therein, doth allow to themselves all the fines of any persons within their jurisdictions, under the degree of heritors; and requires the lords of his majesty's privy council to take exact trial of their care and diligence herein; and if the sheriffs, stewarts, and bailiffs, be negligent in their duties, or if the magistrates within burghs shall be negligent in their utmost diligence, to detect and delate to the council all conventicles within their burghs, that the council inflict such censures and punishments upon them as they shall think fit. And the lords of his majesty's privy council are hereby required to be careful in the trial of all field and house-conventicles kept since the first day of October, one thousand six hundred and sixty-nine, and before the date hereof, and that they punish the same conform to the laws and acts of state formerly made thereanent. And lastly, his majesty, being hopeful that his subjects will give such cheerful obedience to the laws as there shall not be long use of this act, hath therefore, with advice foresaid, declared that the endurance thereof shall only be for three years, unless his majesty shall think fit that it continue longer.

THE SANQUHAR DECLARATION.[19]

It is not amongst the smallest of the Lord's mercies to this poor land that there have been always some who have given their testimony against every course of defection, (that many are guilty of) which is a token for good, that He doth not as yet intend to cast us off altogether, but that He will leave a remnant in whom He will he glorious, if they, through His grace, keep themselves clean still, and walk in His way and method, as it has been walked in and owned by Him in our predecessors of truly worthy memory, in their carrying on of our noble work of reformation in the several steps thereof, from popery, prelacy, and likewise Erastian supremacy, so much usurped by him, who (it is true so far as we know) is descended from the race of our kings, yet he hath so far deborded from what he ought to have been, by his perjury and usurpation in Church matters, and tyranny in matters civil, as is known by the whole land, that we have just reason to account it one of the Lord's great controversies against us, that we have not disowned him and the men of his practices, (whether inferior magistrates or any other) as enemies to our Lord and His crown, and the true Protestant and Presbyterian interest in thir lands, our Lord's espoused bride and Church. Therefore, although we be for government and governors such as the Word of our God and our Covenant allows, yet we for ourselves and all that will adhere to us as the representatives of the true Presbyterian Kirk and Covenanted nation of Scotland, considering the great hazard of lying under such a sin any longer, do by thir presents disown Charles Stuart, that has been reigning (or rather tyrannizing as we may say) on the throne of Britain these years bygone, as having any right, title to, or interest in, the said Crown of Scotland for government, as forfeited several years since, by his perjury and breach of covenant both to God and His Kirk, and usurpation of His crown and royal prerogatives therein, and many other breaches in matters ecclesiastic, and by his tyranny and breach of the very _leges regnandi_ in matters civil. For which reason we declare, that several years since he should have been denuded of being king, ruler, or magistrate, or of having any power to act, or to be obeyed as such. As also, we, being under the standard of our Lord Jesus Christ, Captain of Salvation, do declare a war with such a tyrant and usurper, and all the men of his practices, as enemies to our Lord Jesus Christ and His cause and covenants; and against all such as have strengthened him, sided with, or any wise acknowledged him in his tyranny, civil or ecclesiastic, yea, against all such as shall strengthen, side with, or any wise acknowledge any other in the like usurpation and tyranny, far more against such as would betray or deliver up our free reformed mother-kirk unto the bondage of antichrist, the Pope of Rome. And by this we homologate that testimony given at Rutherglen, the 29th of May, 1679, and all the faithful testimonies of these who have gone before, as also of these who have suffered of late. And we do disclaim that Declaration published at Hamilton, June, 1679, chiefly because it takes in the king's interest, which we are several years since loosed from, because of the foresaid reasons, and others, which may after this (if the Lord will) be published. As also we disown, and by this resent the reception of the Duke of York, that professed papist, as repugnant to our principles and vows to the Most High God, and as that which is the great, though not alone, just reproach of our Kirk and nation. We also by this protest against his succeeding to the crown; and whatever has been done, or any are essaying to do in this land (given to the Lord), in prejudice to our work of reformation. And to conclude, we hope after this none will blame us for, or offend at our rewarding these that are against us as they have done to us as the Lord gives opportunity. This is not to exclude any that have declined, if they be willing to give satisfaction according to the degree of their offence.

_Given at Sanquhar, June 22nd, 1680._

PROTESTATION AGAINST THE UNION.[20]

It will, no doubt, be reputed by many very unseasonable to protest at this time, against this Union, now so far advanced and by their law established; but the consideration of the superabundant, palpable and eminent sins, hazards, and destructions to religion, laws, and liberties that are in it, and natively attend it, is such a pressing motive, that we can do no less, for the exoneration of our consciences in shewing our dislike of the same, before the sitting down of the British Parliament, lest our silence should be altogether interpreted, either a direct or indirect owning of, or succumbing to the same: and though, having abundantly and plainly declared our principles formerly, and particularly in our last declaration, May 21, 1703, against the then intended Union; and waiting for more plain discovery of dissatisfaction with, and opposition unto this abominable course, by these of better capacitie, yet being herein so far disappointed in our expectations of such honourable and commendable appearances, for the laudable laws, and antient constitutions of this kingdom, both as to sacred and civil concerns, all these appearances, whither by addresses or protestations being so far lame and defective, as that the resolutions and purposes of such have never been fairly and freely remonstrat to the contrivers, promoters and establishers of this Union. The consideration of which, and the lamentable case and condition the land already is, and may be in, by reason of the same, hath moved us, after the example and in imitation of the cloud of witnesses who have gone before us, to protest against the same, as being contrar to the Word of God, and repugnant to our former Union with England in the terms of the Solemn League and Covenant.

And whereas it hath been the good will and pleasure of Almighty God, to grant unto this nation a glorious and blessed reformation of the true Christian religion, from the errors, idolatry, and superstition of popery and prelacy, and there withall to bless us with the power and purity of heavenly doctrine, worship, discipline, and government in the Church of God, according to His will revealed in the Holy Scriptures; and to let us have all this accompanyed and attended with many great and singular blessings, in the conversion and comfort of many thousands, and in reforming and purging the land from that gross ignorance, rudeness and barbarity, that once prevailed among us. Wherefore our zealous and worthy forefathers, being convinced of the benefit and excellency of such incomparable and unvaluable mercies, thought it their duty, not only by all means to endeavour the preservation of these, but also to transmit to posterity a fair _depositum_ and copy in purity and integrity, and as a fit expedient and mean to accomplish and perfect the same, they entered into the National Covenant (no rank or degree of persons, from the highest to the lowest excepted) wherein they bound themselves to defend the reformation of religion in every part and point of the same, with their lives and fortunes to the outmost of their power, as may be seen in the National Covenant of this Church and kingdom, which was five times solemnly sworn.

Likeas the Lord was so pleased to bless our land, and to beautify it with His presence, that our neighbour nations of England and Ireland, who beheld this, and were groaning under and likeways aiming at the removal and abolishing of popery and prelacy, had sought and obtained assistance from this nation to help them in their endeavours for that end, and had been owned of God with success, they likeways thought it fit to enter into a most Solemn League and Covenant with this Church and kingdom for reformation and defence of religion, wherein, with their hands lifted up to the most High God, they do bind and oblige themselves to maintain, preserve and defend, whatever measure and degree of reformation they had attained unto, and mutually to concurr, each with another with their lives and fortunes in their several places and callings, in opposition to all the enemies of the same, as may be seen at large in the Solemn League and Covenant. By means of which, these nations became (as it were) dedicated and devoted to God in a peculiar and singular manner, above all other people in the world and that by an indisolvable and indispensable obligation to perform, observe and fulfill the duties sworn too, and contained therein, from which no power on earth can absolve us. And so to prosecute and carry on the ends of the same, and to evidence our firm adherance to it, with the outmost of our endeavours, in opposition to every thing contradictory or contrar unto or exclusive of these our sacred vows. We have from time to time for these several years bypast, emitted and published several declarations and publick testimonies against the breaches of the same, as is evident not only from our declarations of late, but also from all the wrestlings and contendings of the faithful in former times, all which we here adhere to, approve of, and homologate, as they are founded upon the Word of God and are agreeable thereto.

And in this juncture to perpetuat and transmit to posterity the testimony of this Church, and to acquit ourselves as faithful to God, and zealous for the concerns of religion, and every thing that's dear to us as men and Christians. We here testify and protest against the prompters to, promoters or establishers of, and against every thing that hath tended to the promoting, advancing, corroborating, or by law establishing such a wicked and ruining Union; and hereby we also declare against the validity of the proceedings of the late Parliament with reference to the carrying on, and establishing the said Union; and that their acts shall not be look't upon as obligatory to us, nor ought to be by posterity, nor any way prejudicial to the cause of God, and the covenanted work of reformation in this Church, nor to the beeing, liberty, and freedom of Parliaments, according to the laudable and antient pratique of this kingdom, the which we do not only for ourselves, but also in the name of all such as shall join or concurr with us in this our protestation, and therefore we Protest.

In regard, That the said Union is a visible and plain subversion of the fundamental antient constitutions, laws and liberties of this kingdom, which we as a free people have enjoyed for the space of about two thousand years, without ever being fully conquered, and we have had singular and remarkable stepts of Providence preventing our utter sinking, and preserving us from such a deludge and overthrow, which some other nations more mighty and opulent than we, have felt, and whose memory is much extinct: while by this incorporating Union with England in their sinful terms, this nation is debased and enslaved, its antient independency lost and gone, the parliamentary power dissolved which was the very strength, bulwork and basis of all liberties and priviledges of persons of all ranks, of all manner of courts and judicatories, corporations and societies within this kingdom; all which, now, must be at the disposal and discreation of the British Parliament, (to which, by this Union, this nation must be brought to full subjection) and furder the number of peers, who have many times ventured their lives for the interest of their country, having reputation and success at home and were famous and formidable abroad: and the number of barons and burrows famous sometime, for courage and zeal for the interest of their country (and, more especially in our reforming times) all these, reduced to such an insignificant and small number in the Brittish Parliament, we say, (as is also evident from the many protestations given in to the late Parliament against this Union) how far it is contrary to the honour, interest, foundamental laws, and constitutions of this kingdom, and a palpable surrender of the soveraignity, rights and priviledges of the nation; and how by this surrender of parliament and soveraignity the people are deprived and denuded of all security, as to any thing that's agreed to by this Union, and all that's dear to them, is daily in danger to be encroached upon, altered or subverted by the said Brittish Parliament, managed intirely by the English, who seldom have consulted our well-fare, but rather have sought opportunity to injure us, and are now put in a greater capacity with more ease to act to our prejudice: and poor people to be made lyable to taxes, levies and unsupportable burdens, and many other imminent hazards and impositions, all which we here protest against.

As also that which is little considered (tho' most lamentable), how the foundamental constitutions should be altered, subverted, and overturned, not only, _renitente and reclamante populo_, but also by such men, who, if the righteous and standing laws of the nation were put in execution, are uncapable of having any vote or suffrage in any judicatory; seeing the Covenants National and Solemn League, which had the assent and concurrence of the three estates of Parliament, and the sanction of the civil law, cordially and harmoniously assenting to, complying with, and coroborrating the acts and canons of ecclesiastick courts in favour of these covenants, whereby they became the foundation whence any had right to reign or govern in this land, and also became the foundation, limitation, and constitution of the government and succession to the crown of this realm, and the qualification of all magistrats supreame, and subordinate, and of all officers in church, state, or army, and likewise the ground and condition of the peoples obedience and subjection, as may be seen in the acts, laws, and practise of these times: witness the admission of Charles II. to the government, _Anno_ 1651. From all which it is evident how blind such men have been, who not only have enslaved the nation, but have rendered themselves unfamous by such an open and manifest violation of these solemn and sacred vows to the most High God, to the obligation of which they as well as the rest of the land, are indispensibly bound.