THE ACTS RESCISSORY.
FIRST PARLIAMENT OF CHARLES II.
January, 1661.—7.—"Act concerning the League and Covenant and
discharging the renewing thereof without his Majesties Warrand
and approbation.
"Forasmuch as the power of Armes, and entering into, and making of Leagues and Bonds, is an undoubted privilege of the Crown, and a proper part of the Royal Prerogative of the Kings of this Kingdom, and that in recognisance of His Majesties just Right, the Estates of Parliament of this His most ancient Kingdom of Scotland, have declared it high Treason to the Subjects thereof, of whatsoever number, lesse or more, upon any pretext whatsoever, to rise, or continue in Armes, or to enter into Leagues and Bonds, with Forraigners, or among themselves, without His Majesties special Warrand and Approbation, had and obtained thereto, and have Rescinded and Annulled all Acts of Parliament, Conventions of Estates, or other Deeds whatsoever, contrary to, or inconsistent with the same; And whereas during these troubles, there have occurred divers things, in the making and pursuance of Leagues and Bonds, which may be occasion of jealousie in and betwixt his Majesties Dominions of Scotland, England, and Ireland. Therefore and for preventing of all scruples, mistakes or jealousies that may hereafter arise upon these grounds, The King's Majesty with advice and consent of His Estates of Parliament, doth hereby Declare, that there is no Obligation upon this Kingdom by Covenant, Treaties or otherwise, to endeavour by Armes a Reformation of Religion in the Kingdom of England, or to meddle with the publick Government and Administration of that Kingdom. And the King's Majesty with advice and consent foresaid, doth Declare, That the League and Covenant, and all Treaties following thereupon, and Acts or Deeds that do, or may relate thereto, are not obligatory, nor do infer any obligation upon this Kingdom, or the Subjects thereof, to meddle or interpose by Armes, or any seditious way, in any thing concerning the Religion and Government of the Churches of England and Ireland, or in what may concern the Administration of His Majesties Government there. And further, His Majesty, with advice and consent of his Estates, doth hereby Discharge and Inhibite all His Majesties Subjects within this Kingdom, that none of them may presume upon any pretext of any Authority whatsoever, to require the renewing or swearing of the said League and Covenant, or of any other Covenants, or publick Oaths concerning the Government of the Church or Kingdom, without His Majesties special Warrand and Approbation; And that none of His Majesties Subjects offer to renew and swear the same, without His Majesties Warrand, as said is, as they will be answerable at their highest peril."
SAME PARLIAMENT.—15.—"Act Rescinding and Annulling the
pretended parliaments in the years 1640, 1641, etc.
"The Estates of Parliament, considering that the Peace and Happiness of this Kingdom, and of His Majesties good subjects therein, doth depend upon the Safetie of His Majesties Person, and the maintenance of His Royal Authority, Power, and Greatness: And that all the miseries, confusions, and disorders which this Kingdom hath groaned under, these twenty-three years, have issued from, and been the necessarie and natural products of these neglects, contempts, and invasions, which, in and from the beginning of these troubles, were upon the specious (but false) pretexts of Reformation (the common cloak of all rebellions) offered unto the Sacred Person and Royal Authority of the King's Majesty, and His Royal Father of blessed memory. And notwithstanding, that by the Sacred Right, inherent to the Imperial Crown (which His Majesty holds immediatelie from God Almightie alone) and by the ancient constitution and fundamental Laws of the Kingdom; the power of convocating and keeping Assemblies of the Subjects; the power of Calling, Holding, Proroguing and Disolving of Parliaments, and making of Laws; the power of entering into Bonds, Covenants, Leagues and Treaties; the power of raising Armes, keeping of Strengths and Forts are Essential parts, and inseparable privileges of the Royal Authoritie and Prerogative of the Kings of this Kingdom: Yet, such hath been the madness and delusion of these times, that even Religion itself, which holds the Right of Kings to be Sacred and Inviolable, hath been pretended unto, for warrand of these injurious Violations and Incroachments, so publickly done and owned, upon and against His Majesties just Power, Authority and Government; By making and keeping of unlawful Meetings and Convocations of the People; By entering into Covenants, Treaties and Leagues; By seizing upon, and possessing themselves of His Majesties Castles, Forts and Strengths of the Kingdom: and by Holding of Pretended Parliaments, making of Laws, and raising of Armes for the maintaining of the same; and that not only without warrand, but contrary to His Majesties express Commands. And although the late King's Majesty, out of His meer grace and respects to this His native Kingdom, and the peace and quiet of His people, and for preventing the consequences which such bad example and practice might occasion, to the disturbance of the peace of his other Kingdoms, was pleased in the year, one thousand six hundred and forty one, to come into this Countrey, and by his own presence, at their pretended Parliaments and other wayes, to comply with, and give way to, many things neerly concerning the undoubted Interest and Prerogative of the Crown, expecting that such unparalleled Condescentions should have made His Subjects ashamed of their former miscariages, and the very thoughts thereof, to be hatefull to them and their posteritie for ever. Yet, such was the prevalencie of the spirit of Rebelion that raged in manie for the time, that not content with that peace and happiness which, even above their desires, was secured to them: nor of these manie Grants of honour and profit, by which His Majestie endeavoured to endear the most desperat of them to their duty and obedience, they then, when His Majesty had not left unto them anie pretence or shaddow of anie new desire to be proposed, either concerning themselves or the Kingdom, did most unworthilie engage to subvert His Majesties Government, and the publick peace of the Kingdom of England: For which purpose, having joined in a League with some there, they, for the better prosecution of the same, did assume unto themselves the Royal Power, kept and held Parliaments at their pleasure; by the pretended Authoritie of which, they laid new exactions upon the people (which in one month did far exceed what ever by the Kings Authoritie had been raised in a whole year) levied Armes, sent out Edicts, requiring obedience unto their unlawful demands; and with all manner of violence pursued such as out of duty to His Majesties Authoritie opposed them by fines, confinements, imprisonment, banishment, death, and forfeiture of their property; and with their Armie thus raised, invaded His Majesties Kingdom of England, and joyned with such as were in Arms against His Majestie there. And thus maintaining their usurped power, and violently executing the same against all Law, Conscience, Honour and Humanity, have made themselves instruments of much loss, shame and dishonour to their native Countrey, and have justly forfeited anie favour they might have pretended to, from His Majesties former concessions. And forasmuch as now it hath pleased Almighty God, by the power of His own right hand, so miraculously to restore the Kings Majestie to the Government of his Kingdoms, and to the exercise of His Royal Power, and Soveraigntie over the same, The Estates of Parliament do conceive themselves obliged, in discharge of their dutie and conscience to GOD and the Kings Majestie, to imploy all their Power and interest, for vindicating His Majesties Authoritie from all these violent invasions that have been made upon it, and so far as possible to remove out of the way everything that may retain anie remembrance of these things, which have been so injurious to His Majestie and His Authoritie, so predjudicial and dishonourable to the Kingdom, and destructive to all just and true interests within the same. And considering that, besides the unlawfulness of the Publick Actings during the troubles, most of the Acts in all and every of the Meetings of these pretended Parliaments, do highly encroach upon, and are destructive of that Sovereign Power, Authority, Prerogative, and Right of Government, which by the law of GOD, and the ancient Laws and Constitutions of this Kingdom, doth reside in, and belong unto, the Kings Majestie, and do reflect upon the honour, loyaltie, and reputation of this Kingdom; or are expired, and serve only as testimonies of disloyaltie and reproach upon the Kingdom, and are unfit to be any longer upon Record. Therefore the Kings Majestie and Estates of Parliament do hereby Rescind and Annull the pretended Parliaments, kept in the years one thousand six hundred and fourty, one thousand six hundred and fourty one, one thousand six hundred and fourty four, one thousand six hundred and fourty five, one thousand six hundred and fourty six, one thousand six hundred and fourty seven, and one thousand six hundred and fourty eight, and all Acts and Deeds past and done in them, and Declares the same to be henceforth void and null. And His Majesty, being unwilling to take any advantage of the failings of His Subjects during these unhappy times, is resolved not to retain any remembrance thereof, but that the same shall be held in everlasting oblivion: and that all difference and animosities be forgotten, His good subjects may in a happy union, under His Royal Government, enjoy that happiness and peace, which His Majestie intends, and really wisheth unto them as unto himself, doth therefore, by advice and consent of His Estates of Parliament, grant His full assurance and indemnity to all persons that acted in, or by virtue of the said pretended Parliaments, and other Meetings flowing from the same, to be unquestioned in their Lives or Fortunes, or any Deed or Deeds done by them in their said usurpation, or by virtue of any pretended Authority derived therefrom, excepting alwayes such as shall be excepted in a general Act of Indemnity, to be past by His Majestie in this Parliament. And it is hereby declared that all Acts, Rights and Securities, past in any of the pretended Meetings above written, or by virtue thereof, in favours of any particular persons for their civil and private interests shall stand good and valid unto them, untill the same be taken into further consideration, and determined in this, or the next Session of this Parliament."
SECOND SESSION OF FIRST PARLIAMENT OF CHARLES II.
Edinburgh, May, 1662.—Act for preservation of His Majesties Person, Authority and Government.
The Estates of Parliament, taking into their consideration the miseries, confusions, bondage and oppressions, this Kingdom hath groaned under since the year, one thousand six hundred and thirty seven years, with the causes and occasions thereof: Do, with all humble duty and thankfulness, acknowledge His Majesties unparrallel'd grace and goodness, in passing by the many miscarriages of His Subjects, and restoring the Church and State to their ancient Liberties, Freedom, Rights and Possessions; and the great Obligations thereby lying upon them to express all possible care and zeal in the preservation of His Majesties person, (in whose honour and happinesse consisteth the good and welfare of His people) and in the security and establishment of His Royal Authority and Government, against all such wicked attempts and practices for the time to come. And, since the rise and progress of the late troubles did, in a great measure, proceed from some treasonable and seditious positions infused into the people. That it was lawfull to Subjects for Reformation, to enter into Covenants and Leagues, or to take up Arms against the King, or those Commissionated by Him, and such-like: And that many Wilde and rebellious courses were taken and practised in pursuance thereof, by unlawful meetings and gatherings of the people, by mutinous and tumultuous petitions, by insolent and seditious Protestations against His Majesties Royal and just commands, by entering into unlawfull Oaths and Covenants, by usurping the name and power of Council Tables and Church Judicatories, after they were by His Majesty discharged, by treasonable Declarations, that His Majesty was not to be admitted to the exercise of His Royal power, untill He should grant their unjust desires and approve their wicked practices, by rebellions rising in Arms against His Majestie and such as had Commission from Him; And by the great countenance, allowance and encouragement given to these pernicious courses by the multitude of seditious Sermons, Libels, and Discourses, preached, printed and published in defence thereof: And considering that as the present age is not full freed of those distempers; so posterity may be apt to relapse therein, if timous remeed be not provided. Therefore the King's Majestie and Estates of Parliament do Declare that these positions, That it is lawfull to Subjects, upon pretence of Reformation, or other pretence whatsoever, to enter into Leagues and Covenants, or to take up arms against the King; or that it is lawfull to subjects, pretending His Majestys Authority, to take up Arms against His person or those Commissionated by Him, or to suspend Him from the exercise of his Royal Government, or to put limitations upon their due obedience and allegiance, Are Rebellious and Treasonable, And that all these Gatherings, Convocations, Petitions, Protestations, and Erecting and keeping of Council-tables, that were used in the beginning, and for carrying on, of the late troubles, were unlawful and seditious: And particularly, that these Oaths, whereof the one was commonly called The National Covenant, (as it was sworn and explained in the year one thousand, six hundred and thirty-eight, and thereafter) and the other entituled, A Solemn League and Covenant, were, and are in themselves unlawful Oaths, and were taken by, and imposed upon, the Subjects of this Kingdom, against the fundamental laws and liberties of the same; and that there lyeth no obligation upon any of the Subjects from the saids Oaths, or either of them, to endeavour any change or alteration of Government either in Church or State; And therefore Annuls all Acts and Constitutions, Ecclesiastical or Civil, approving the said pretended National Covenant or League and Covenant, or making any interpretations of the same or either of them. And also, it is hereby Declared by His Majesty and Estates of Parliament, That the pretended assemblie kept at Glasgow in the year one thousand six hundred and thirty eight, was in itself (after the same was by His Majestie discharged, under the pain of Treason) an unlawfull and seditious Meeting; and that all Acts, Deeds, Sentences, Orders, or Decreets past therein, or by vertue of any pretended Authority from the same, were in themselves from the beginning, are now, and in all time coming, to be reputed unlawful, void and null; And that all Ratifications or Confirmations of the same, past by whatsoever Authority or in whatsoever Meetings, shall from henceforth be void and null. Likeas, His Majesty and Estates of Parliament, reflecting on the sad consequences of these rebellious courses, and being carefull to prevent the like for the future, have therefore Statute and Ordained, and by these presents Statutes and Ordains, that, if any person or persons shall hereafter Plot, contrive or intend destruction to the King's Majesty, or any bodily harm tending to death or destruction, or any restraint upon his Royal Person, or to deprive, depose, or suspend Him from the stile, Honour and Kingly Name of the Imperial Crown of this Realm, or any others His Majesties Dominions, or to suspend him from the exercise of His Royal Government, or to levy War or take up Arms against His Majesty or any commissionated by Him, or shall entice any strangers or others to invade any of His Majesties Dominions; and shall by writing, printing, preaching or other malicious and advised speaking, express or declare such their Treasonable intentions, every such person or persons, being upon sufficient probation legally convicted thereof, shall be deemed, declared and adjudged Traitors, and shall suffer forfeiture of life, honour, lands, and goods as in cases of high Treason. And further, it is by His Majesty and Estates of Parliament Declared, Statute and Enacted, That if any person or persons shall, by Writing, Printing, Praying, Preaching, Libelling, Remonstrating, or by any malicious and advised speaking, express, publish, or declare any words or sentences to stir up the people to the hatred or dislike of His Majesties Royal Prerogative and Supremacy in causes Ecclesiastick, or of the Government of the Church by Archbishops and Bishops as it is now settled by Law, or to Justifie any of the deeds, actings, practices or things above-mentioned and declared against by this present Act: that every such person or persons so offending, and being, as said is, Legally convicted thereof, are hereby declared incapable to enjoy or exerce any place or imployment, Civil, Ecclesiastical, or Military, within this Church and Kingdom, and shall be lyable to such further pains as are due by the Law in such cases; Provided alwayes, that no person be processed for any of the offences aforesaid, contained in this Act, (other than these that are declared to be high Treason) unless it be by order from His Majesty, or by order of His Privy Council for the time; neither shall they incur any of the penalties above-mentioned, unless they be pursued within eight Months after the offence committed, and sentenced thereupon within four Months after the intenting of the Process. And it is also Declared, that if His Majesty grant His pardon to any person convicted for any of the offences contained in this present Act; after such pardon, the party pardoned shall be restored to all intents and purposes, as if he had never been pursued nor convicted any thing in this Act to the contrary, notwithstanding.