that about three hundred of the Rebels were slain and not above thirty of Cleelands men in all and the next day some parties that were sent to the Assistance of those who had fought so bravely going out to scowre the Country found several dead bodies of the Rebels strew'd about the Country which made it believ'd that the Slaughter of the Rebels was much greater than it was said to be This defeat of the whole Body of the Rebels created a great dislike of Colonel Cannons conduct among the Highlanders and so discouraged the whole Party that this defeat being given toward the latter end of August by the tenth of September the Lords of the Council had work enough to receive the Submissions of the Highland Lairds and Heads of Clanns who came in and took the Benefit of the Act of Indempnity as did also the Earl of Callendar Lord Duffus and Lord Levingston who took the Oath of Allegiance and gave security for their peaceable Behaviour And as for Colonel Cannon himself he lost his Reputation among the Highlanders to that degree that after he had long lain lurking about Innerlochy to no purpose they told him to his Face they would not any longer obey his Orders as being a man that neither understood their Language nor had any Interest or Fortune in their Country and in a few Nights after robbed him of all he had breaking open his Trunks and taking away his Cloaths and his Money not sparing his purse of Gold wherein he had fourscore Louis d'Or and two and twenty Guinies So that after such bad Usage he thought it his best way to retreat into Ireland with all the Secrecy he could not believing his Life secure among such a barbarous and Thieving Generation of People but for all that he did not go All this while the common Course of Justice in the usual Trials at Law had been at a stand partly through the combustions occasioned by the Viscount of Dundee partly through the Parliaments insisting upon their priviledge of approving the persons nominated for Lords of the Sessions by the King and the Right of choosing the President which they alleadged was to be done by the Members of the same Court But the Troubles of the Rebellion being over and the Parliament before their Adjournment having sent to know the Kings Pleasure in so weighty a Concern his Majesty sent a Letter bearing date the First of October to his Privy Council by whom all matters of State were now transacted signifying That whereas the Estates of Parliament had thought fit to stop the opening of the Signet for some time till he should signifie his pleasure concerning the Nomination of the Lords of the Session therefore upon serious consideration of the Matter and the great Inconveniencies that would arise to his Subject by so long a surcease of Justice he had resolved to make up a compleat nomination of the Lords of the Session and to have the Signet opened that Justice might have it's Course To which purpose he required and authorised his Privy Council to issue forth a Proclamation to certifie the People that the Sessions would sit at the Ordinary time being the first of November ensuing declaring withal that the Sessions should then sit and proceed in the Administration of Justice and for the dispatch of Processes renewed in His and the Queens name and that the Signet should be open at the same time for the expediting of all Summons and Writs in common Form By the same Letter the Privy Council were ordered to give notice to the Lords that had been formerly nominated whose Oaths had been taken by the Earl of Crawford by His Majesties special Order to give their Attendance for the passing Bills of Suspension and all other Bills according to the common Form And whereas Sir James Dalrimple President of the Colledge of Justice and Sir John Baird whom the King had restored to his place and Mr. Alexander Scomtown of Marsington had been tryed as to their Qualifications required by the Acts of Parliament and were accordingly admitted the Privy Council was therefore commanded to appoint them or any two of them to examine the Qualifications of the other persons nominated by His Majesty and to admit them if they found them qualified according to the Acts of Parliament In pursuance of this Letter a Proclamation was issued forth and the Lord Newbaith being called in before the Privy Council took the Oath of Allegiance as one of the Lords of the Session and at the same time both he the Lords Armstown Crossrig and Mersington were ordered to attend the passing the Bills of suspension and the Lords Newbaith and Mersington appointed to examine the rest of the Lords which had been nominated by the King So that in a few days before the end of October the number of the Lords of the Session was fully compleated and were The Lord Stairs President or Lord Chief Justice Lord Newbaith L. Mersington L. Holcraig L. Armstown L. Crossrig L. Arbruthel L. Philiplaugh Lord Fountain-Hall L. Phesdo L. Presmennen L. Ranhillor L. Anstrather L. Steenstown L. Revelrig About the Beginning of December ensuing the several Great Officers of State received their Commissions For the great Seal The Duke of Hamilton Earl of Argyle and Earl of Southerland For the Treasury The Earl of Crawford Earl of Cassils Earl of Tweddale Lord Ruthven Mr. of Melvin For the Privy Seal Lord Belhaven Master of Burleigh Sir Thomas Barnet of Leighs Laird of Parkhay The Earl of Lowthian was made Justice General or Supreme Judge of the Criminal Court The Laird of Cesnoch Lord Justice Clark or Assistant to the Justice General and Sir John Dalrimple was made Lord Advocate The Lords Aberuchel Rankillor Fountain-Hall Phesdo and Crossrigg were made Commissioners of the Kings Justiciary Which Court being opened the first time since the Revolution upon the Twenty seventh of January the Earl of Lowthian express'd himself in a Learned Speech to this effect In the first place by way of Excuse He acknowledged That when he considered the Hight Station wherein His Majesty had placed him the greatness and weight of the Affair and his own want of Experience and many other unfitnesses nothing so much assur'd him as to see such persons so eminent for their Abilities their Integrity and skill in the Laws and Constitutions of the Kingdom to be Assessors with him in the same Court That nothing could be of more Consequence toward the Establishment of the Crown the Peace and flourishing of the Nation and calming the Minds of the People than the Assurance of Impartial Justice which he was perswaded would by the choice of their Lordships have the desir'd Effects He desir'd not to make reflections upon past Miscarriages otherwise then as to be a Beacon to keep men from making Shipwrack upon the same Rocks That the Corruptions of Mankind did often compel Justice it self to incline more to severity then were to be wish'd yet that it ought
always affectionate to the Royal Family and govern'd for many Ages by Laws made by the Authority of their Kings and of the Estates of Parliament and by common Customs is reduced to by endeavours that have been used to change the Constitution of the Monarchy Regulate by Laws into a a Despotick and Arbitrary Power which doth evidently appear not only by the actings of Evil Counsellors in Power but by the deliberate and express publick Declarations bearing that the King is an Absolute Monarch to whom Obedience ought to be given in all things without reserve thereby to make way to introduce what Religion they please without so much as the necessity of the Consent of the Nation by their Estates in Parliament Whilst We consider and ponder these things as We cannot but be touched with a tender Sense of those Miseries so the giving such Remedy to them as may be proper and may answer the expectation of all good Men and true Protestants is the great thing which We propose to our selves in this undertaking the Equity whereof will be justified to the World if what hath been acted at the instigation of those Evil Counsellors be further impartially weighed It is well known that the Laws Priviledges and Rights of the Kingdom have been overturned to the great prejudice of King and People whilst thus all Foundation of Confidence and Trust is removed And it is no less known what have been the arbitrary Procedures of an incroaching Privy Council for although by the Laws enacted by the Authority of King and Parliament it is expresly prohibited that the Popish Religion should be professed or Seminary Priests suffer'd within the Kingdom or that the Children of any Noblemen or Gentlemen should be sent'abroad to be Educated in Popish Colleges yet have these Evil Counsellors order'd or suffered young Noblemen to be taken from their Relations and to be sent abroad to be instructed in Jesuits Colleges and have likewise caused Schools to be erected under the conduct of Popish Priests and that in the Capital City of the Kingdom In an open contempt also of the known Laws of the Kingdom Papists are put into Places of highest Trust both Civil and Military and entrusted with all the Forts and Magazines The Rights and Privileges of the Royal Boroughs the third Estate of Parliament having as many Deputies in it as all the Shires in the Kingdom are taken away and they hindred in the free Election of their Magistrates and Town-Councils to the manifest Violation of their Charters Established by Law and immemorial Possession And all this is done by meer Arbitrary Power without any Citation Trial or Sentence And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice upon which Mens Lives and Liberties their Honours and Estates depend yet those Evil Counsellors have subjected these to an Arbitrary and Despotick Power having turned out Judges who by Law ought to continue during their Life or their good Behaviour because they would not conform themselves to their Intentions and put others in their Places who they believe would be more compliant and that without any regard to their Abilities by which it evidently appears that those Evil Counsellors design to render themselves the absolute Masters of the Lives Honors and Estates of the Subjects without being restrained by any Rule or Law By the influence of the same Evil Counsellors hath a most exorbitant Power been exercised in imposing Bonds and Oaths upon whole Shires without any Law or Act of Parliament in permitting Free Quarters to the Soldiers although they had a sufficient Establishment for their Pay whereby the Kingdom was doubly burthened without any redress in Imprisoning Gentlemen without any so much as alledged Reason forcing many to accuse and witness against themselves imposing arbitrary Fines frighting and harassing many parts of the Country with Intercommoning and Justice-Aires making some incur the forfeiture of Life and Fortune for the most general and harmless Converse even with their nearest Relations outlawed And thus bringing a Consternation upon a great part of the Kingdom which when Outlawries and Intercommonings went out against multitudes upon the slenderest pretexts was involved so Vniversally in that danger that those Counsellors themselves were so obnoxious as to find it necessary to have Pardons and Indemnities whilst the poor People were left to mercy impowring Officers and Soldiers to act upon the Subjects living in quiet and full peace the greatest Barbarities in destroying them by Hanging Shooting and Drowning them without any form of Law or respect to Age or Sex not giving some of them time to pray to God for mercy and this for no other reason because they would not answer or satisfie them in such Questions as they proposed to them without any Warrant of Law and against the common Interest of Mankind which frees all Men from being obliged to discover their secret thoughts Besides a great many other Violences and Oppressions to which that poor Nation hath been exposed without any hope of having an end put to them or to have relief from them And that the Arbitrary and Illegal Proceedings of those Evil Counsellors might be justified and supported such a Declaration hath been procured by them as strikes at the Root of the Government and overturns the most sacred Rights of it in making all Parliaments unnecessary and taking away all Defences of Religion Liberty and Property by an assumed and asserted Absolute Power to which Obedience is required without reserve which every good Christian is perswaded to be due to God Almighty alone all whose Commandments are always just and good These Evil Counsellors have used their utmost endeavours to abolish the Penal Laws excluding all who are Protestants from publick Trust which give too great a Check to their Designs For the accomplishing of this a Liberty hath been granted to Dissenters but such an one as that the continuance thereof is plainly insinuated to depend upon their hearty concurrence for Abolishing the above-mentioned Penal Laws the only Legal Defence of their Religion although the Dissenters have just cause of Distrust when they call to mind how some hundreds of their Ministers were driven out of their Churches without either Accusation or Citation The filling of many whole places with Ignorant and Scandalous Persons hath been one great occasion of all those Miseries which that Country for a long time hath groaned under And Dissenters have but small ground to rest on any present ease founded upon a Proclamation which may be recalled every hour and which in the first and second Editions of it gave no relief to them especially considering that not many Months before the greatest of the forementioned Severities and Barbarities had been exercised upon them But to crown all there are great and violent presumptions inducing us to believe that those Evil Counsellors in order to the carrying on of their ill Designs and to the gaining to themselves the more time for the
far humbled as from a proud insulting Enemy to become a Suppliant for Peace well foreseeing that if England joyn with those other Princes whom his Insolence Cruelty and Avarice have so justly Arm'd against him his ruine is inevitable Lastly I beseech you consider what persons they are that would instill this poyson into yee Either such as postponing the Common Good of the Nation are wholly acted by Self-Interest considering that in a Government where Justice and Mercy equally flows Vertue and Merit not Villany will be rewarded Or such as being ignorant of the Nature of Government never examin'd what measures the Law of Nature and Nations have set to Mens Obedience Or such as have been Instrumental toward the enslaving their Country and are afraid if they be call'd to an Account that they must be brought to condign Punishment If such cannot succeed in their designs they hope at least to be overlookt in the General Confusion and if Heav'n fail them they summon Hell to their Aid Not that Love to their Prince but Interest drives those Criminals to such Attempts so that 't is no wonder they take so much pains to sow Division among us But no person of Wit and Judgment nor any good Man truly Protestant will suffer himself to be so grosly imposed upon by such Firebrands who would build their future Imaginary Greatness on the Ruine of our Religion Laws and Countrey Being thus settled to their business for the greater security of their Sitting because of the vast concourse of People from all parts of the Kingdom who were generally arm'd it was thought requisite for the prevention of tumult and disorder to Command all persons from the Town that were not Inhabitants or Retainers to the Members of the Convention In the mean time the Lords having acquitted themselves of their Commission the following Paper was sent from the Duke of Gourdon and read the next day in the Meeting wherein he gave them to understand That he was willing to comply with the Commission he received by the Earles of Lothian and Tweddale as to his removal from the Castle of Edinborough though he could not do so as a Papist that being dangerous and he not convicted For that he hoped that his being in Employment without taking the Test contrary to an Act of Parliament was no Conviction of Popery To this he added That he had received not long ago a Letter from the Prince of Orange desiring he would leave the Castle which he promis'd to do but expected some reasonable things to be first granted to himself and Garrison He hop'd he had not merited so ill of his Country as that he might not be trusted with the Castle until a Return came to that Letter which he expected every Hour But if that could not be granted barely on his promise not to molest or harm any Person especially those of that Illustrious Assembly He proffer'd Hostages of Bayl to the value of Twenty Thousand Pound Sterling for his Peaceable Deportment Otherwise he expected before his removal First a General Indemnity for himself and Friends both Protestants and Papists as likewise absolute security for their Lives and Fortunes in time coming and assurance the same should be ratify'd in the next Parliament Secondly Security for all Protestants in the Garrison who design to stay in it to continue in their Employments and for himself and those who should go out with him either Protestants or Papists to go beyond Sea or to remain within the Kingdom as their occasions should lead them Lastly That the Garrison should be paid off all by-gone Arrears and have Liberty to dispose of their Goods within the Castle as they pleas'd The Convention was quick in their Reply and agreed upon certain Resolves which were sent away forthwith to the Duke to this effect That the Meeting of Estates having consider'd the Paper given in and subscrib'd by the Duke of Gourdon in Answer to their Order did declare That it was not the Mind of the Meeting that the Dukes officiating as Governour of the Castle of Edinborough or any other Imployment or his quitting his command at that time should import any acknowledgment or Conviction against him or those under his Command of his or their being Papists That it was likewise resolved That the Covention would not allow of the Dukes keeping the Castle upon Promise Bail or Hostages until he got a Return of the Letter written by him to the Prince of Orange Then it was farther Resolved That the Indempnity offered by the Meeting of the Estates should only extend to those belonging to the Garrison and their Servants either Protestants or Papists that the Persons who were to have the benefit of the said Indempnity should be named expresly if the Duke desir'd it and that the Indempnity to be granted by the Meeting should have a Clause Inserted that it should be ratified in the next Parliament And as to the last Article It was moreover Resolved That those of the Garrison who were pleased to retire with the Duke should have leave either to go out of the Kingdom or stay in it as they should think fit and should have Liberty to dispose of their Goods and have safe Conduct granted them for that Effect if the same were desired before the dissolution of the Meeting of the Estates But that they should not take out with them any Arms Ammunition or Store but what they should make out to belong properly to themselves And lastly That it was agreed by the Convention That the Officers and Soldiers should be paid their Arrears Nevertheless that the Meeting refused to give them Assurance of their being continued in Employment But notwithstanding these Condescentions for the Convention was willing to have bin rid of such a suspitious Neighbour at any Honourable rate the Duke of Gourdon who was not ignorant of their Fears return'd an Answer to these Resolves so full of new and Extravagant Demands that the Convention was fully satisfied that the Duke was only trifling with them as he had done with His Majesty of England to gain time For King William and Queen Mary had bin Proclaim'd at London ever since the Thirteenth of February before So that the Convention perceiving the Dukes design which was to keep off in expectation of some Attempts which would be made in Scotland in behalf of the late King James and of which he was desirous to see the Issue They order'd the Heralds with the usual Solemnities to Summon him to surrender the Castle under the Penalty of Treason and to proclaim him Traytor in case of refusal and to forbid all people to have any Correspondence with him Which was accordingly performed and Orders also given to block up the Castle Soon after a Letter was deliver'd to the Convention by one Crane who went under the Notion of a servant to the late Queen in France But the Lord President acquainted the Members at the same time that there was a Letter also
the whole Town-Council and Clerks contrary to their Liberties and Express Charters without the pretence either of Sentence Surrender or Consent and the Commissioners in Parliament being chosen by these Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament and many of the said Magistrates put in by him were avow'd Papists and the Burroughs forc'd to pay Money for Letters imposing these Illegal Magistrates upon them 14. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine dic to determine Causes but also ordering them and Commanding them how to proceed in Causes depending before them contrary to the express Laws and by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance with Arbitrary Courses and turning them out of their Offices when they did not comply and particularly those who in Parliament opposed the abrogating the Laws made for security of the Protestant Religion 15. By granting personal Protections of Civil Debts contrary to Law notwithstanding the Representation of the Privy Council to the contrary The said Reasons upon reading were debated one by one which being done the following Declaration as it was prepar'd and voted by the Grand Committee was also read to this effect That the Estates of the Kingdom of Scotland did find and declare That King James the Seventh being a Profest Papist did assume the Royal Power and acted as King without ever taking the Oath requir'd by Law And had by the Advice of wicked and evil Counsellors invaded the Fundamental Constitutions of the Kingdom and alter'd it from a Legal Limited Monarchy to an Absolute and Despotick Power and had exercis'd the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Nation inverting all the Ends of Government whereby he had forefaulted the Right of the Crown and the Throne was become Vacant The foregoing reasons and this Declaration being thus read and consider'd were approved by the whole Convention except Twelve of which number seven were Bishops being all that were present Which being done a Vote passed that an Act should be brought in by the Committee for settling the Crown upon William and Mary King and Queen of England and to consider the Terms of the Destination of the Heirs to the Crown as also to prepare an instrument of Government to be offered with the Crown for securing the people from the Grievances of the last Reigns When all the business of the day was over one of the Bishops offered to say Prayers according to Custom Upon which it was moved that King James being then no longer King of Scotland that the Bishop should be admonished not to pray for him at his peril Which the Bishop observing to avoid the incurring a penalty very discreetly said only the Lords Prayer and so the House adjourned The Convention having made this Progress the Grand Committee for settling the Government were ordered to proceed in perfecting the instrument which was set on foot for that purpose containing a Claim of the Peoples Rights and a Representation of such Grievances as were thought proper to be redressed In the mean time a Proclamation issued forth for the Declaring William and Mary King and Queen of England to be King and Queen of Scotland and accordingly upon the Eleventh of April the same day that they were Crowned in England they were Proclaimed at the Market-Cross in Edinborough with all the joy and sincerity that could be exprest The Proclamation ran in this Form WHereas the Estates of the Kingdom of Scotland by their Act of the Date of these Presents have Resolved that William and Mary King and Queen of England France and Ireland be and be declared King and Queen of Scotland to hold the Crown of Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Regal power be only in and exercised by the said King in the name of the said King and Queen during their Joynt Lives As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the offer of the Crown to the said King and Queen they do Statute and Ordain That William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Market Cross of Edinborough by Lion King at Arms or his Deputy his Bretheren Heralds Macers Pursevants and at the head Burghs of all the Shires Stewarties Baillaries and Regalities within the Kingdom by Messengers at Arms. And because the States did not think it sufficient to Proclaim William and Mary King and Queen of Scotland unless the Authority of James the seventh were quite abolished in that Kingdom they put forth another Proclamation against the owning of the late King J. withall commanding public Prayers to be said for King William and Queen Mary to this effect That the Estates of the Kingdom of Scotland having Proclaimed and Declared William and Mary King and Queen of England France and Ireland to be King and Queen of Scotland They have thought it also fit by publick Proclamation to certifie the Subjects̄ that none did presume to own or acknowledge the late King James the seventh for their King nor obey accept or assist any Commissions or Orders that might be emitted by him and that none did presume upon their highest peril by word writing in sermons or in any other manner or way to impugn or disown the Royal Authority of William and Mary King and Queen of Scotland But that all the people should render their dutiful obedience to their Majesties and that none should presume to misconsture the Proceedings of the Estates or to create jealousies or misapprehensions of the Actings of the Government but that all the Ministers of the Gospel within the Kingdom should publicly Pray for King William and Queen Mary as King and Queen of the Realm And the Estates did farther require the Ministers within the city of Edinborough to read the Proclamation publickly from their Pulpits upon the next Sunday being the 14th Instant at the end of their forenoons Sermon And the Ministers on this side of the river Tay to read the same upon the Sunday after that being the 21th instant and those be North Tay upon the 28th of April under the pain of being deprived and losing their Benefices Discharging withall the Proclamation of the Council dated Septemb. 16th 1686. to be read any more in Churches And the Estates did also farther prohibit and discharge any injury to be offered by any person whatsoever to any Minister of the Gospel either in Churches or Meeting Houses who were presently in the Possession and exercise of their ministry there they behaving themselves as
besought their Majesties in the presence of the persons by them sent to swear and sign the Oath at the same time presented which the Law had appointed to be taken by their Kings and Queens at their Entry to their Government till such time as the Great Affair should allow that kingdom the happiness of their presence in Order to Their Coronation That they were most sensible of His Majesties Kindness and Fatherly care in both his Kingdoms in promoting their Union which they hop'd had been preserv'd to be accomplish'd by him that as both Kingdoms were united in one Head and Soveraign so they might become one Body Politick one Nation to be represented in one Parliament And to testifie their Readiness to comply with the King in that matter they had nominated Commissioners to treat the Terms of one entire and perpetual Union betwixt the two Kingdoms with reservation to them of their Church Government as it should be establish'd at the Time of the Union Which Commissioners waited onely for His Majesties Approbation and Call to meet and treat with the Commissioners to be appointed for England at what time and place His Majesty should appoint And that if any difficulty should arise upon the Treaty they did on their part refer the determination thereof to His Majesty Moreover that they did assure themselves from His Majesties Prudence and Goodness of a happy conclusion to that Important Affair so that the same might be agreed to and ratified by His Majesty in the first Parliament That they did render likewise to His Majesty their most Dutiful thanks for his gracious Letter brought them by the Lord Râ—ss a Person well affected to his Service and for his Princely care in sending down those Troops which might in the mean time help to preserve them and when the season offer'd might be imploy'd toward the Recovery of Ireland from that deplorable Condition and extream danger to which the Protestants were expos'd Farther That as it was the Interest of England to contribute to secure Scotland from the Common danger so they should not be wanting on their parts to give their Assistance for the reducing of Ireland that all Their Majesties Kingdoms might flourish in Peace and Truth under the Auspicious Influence of their Happy Reigns The Letter of which this was the full substance being thus read the Instrument of Government or the Claim of Right together with the Paper of Grievances which the Estates desired might be redressed and which were afterwards added to the Instrument were presented to the King and being deliver'd back by his Majesty were read in Order by the Secretary Which Instrument of Government imported That whereas James the Seventh being a professed Papist did assume the Regal Power and act as a King without ever taking the Oath required by Law whereby every King at his Access to the Government was oblig'd to swear to maintain the Protestant Religion and to Rule the People according to the Laudable Laws and by the Advice of wicked Counsellors did invade the Fundamental Constitutions of the Kingdom of Scotland and alter'd it from a Legal limited Monarchy to an Arbitrary and Despotick Power and in a publick Proclamation asserted an Absolute power to annul and disable all Laws particularly by arraigning the Laws establishing the Protestant Religion and exerted that Power to the subversion of the Protestant Religion and to the Violation of the Laws and Liberties of the Kingdom By erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also converting Protestant Chappels and Churches to Publick Mass-Houses contrary to the express Law against saying and hearing of Mass By allowing Popish books to be printed and disâ—â—â—sed by a Patent to a Popish Printer designing him Printer to his Majesties Houshold Colledge and Chappel contrary to Law By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists and bestowing Pensions on Priests to pervert Protestants from their Religion by offers of Places and Preferments By disarming Protestants while at the same time he employ'd Papists in Places of greatest Trust both Civil and Military c. and intrusting the Forts and Magazines in their Hands By Imposing Oaths contrary to Law By exacting Money without consent of Parliament or Convention of Estates By Levying and keeping up a standing Army in time of Peace without consent of Parliament and maintaining them upon Free Quarter By employing the Officers of the Army as Judges throughout the Kingdom by whom the Subjects were put to death without Legal Trial Jury or Record By imposing â—â—orbitant Fines to the value of the parties Estates exacting extravagant Bail and disposing Fines and Forfeitures before any Process or Conviction By imprisoning Persons without expressing the Reason and delaying to bring them to Trial. By causing several persons to be prosecuted and their Estates to be forfeited upon stretches of old and forfeited Laws upon weak and frivolous pretences and upon lame and defective Proofs as particularly the late Earl of Argyle to the Scandal of the Justice of the Nation By subverting the Rights of the Royal Burroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to their Liberties and express Charters without any pretence of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament Besides that many of the Magistrates by him put in were Papists and the Burroughs were forc'd to pay Money for the Letters imposing those Illegal Magistrates upon them By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop sine die but also commanding them how to proceed in cases depending before them contrary to the express Laws and by changing the nature of the Judges Patents ad vitam or Culpam into Commission de bene placito to dispose them to a complyance to Arbitrary Courses and turning them out of their Offices if they refus'd to comply By granting personal Protections for Civil Debts contrary to Law All which were Miscarriages of King James utterly and directly contrary to the known Laws Freedoms and Statutes of the Realm of Scotland Upon which Grounds and Reasons the Estates of the Kingdom of Scotland did find and declare That King James the Seventh being a profest Papist did assume the Regal Power c. as at the beginning whereby he had forfeited the Right of the Crown and the Throne was become vacant Therefore in regard his Royal Highness then Prince of Orange since King of England whom it pleas'd God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power by advice of several Lords and Gentlemen of the Scotch Nation then at London did call the Estates of this Kingdom to meet upon the Fourteenth of March last in order to
such an Establishment as that their Religion Laws and Liberties might not again be in danger of being subverted The said Estates being at that time assembled accordingly in a full and free Representative of the Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid did in the first place as their Ancestors in the like Cases had usually done for the Vindicating and Asserting their Ancient Rights and Liberties declare That by the Law of Scotland no Papist could be King or Queen of the Realm nor bear any Office whatever therein nor that any Protestant Successor could exercise the Regal power till he or they had sworn the Coronation Oath That all Proclamations asserting an Absolute Power to nul and disable Laws in order to the Erecting Schools and Colledges for Jesuits converting Protestant Churches and Chappels into Mass-Houses and the allowing Mass to be said That the allowing Popish Books to be printed and dispersed was contrary to Law That the taking the Children of Noblemen Gentlemen and others and keeping them abroad to be bred Papists the making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the seducing Protestants from their Religion by offers of places and preferments was contrary to Law That the disarming of Protestants and the employing Papists in the greatest places of Trust both Civil and Military c. was contrary to the Law That the imposing an Oath without Authority of Parliament was contrary to Law That the raising of Money without consent of Parliament or Convention was contrary to 〈◊〉 That the imploying Officers of the Army as Judges c. was contrary to Law That the Imposing Extraordinary Fines c. was contrary to Law That the Imprisoning of persons without expressing the Reasons c. was the same That the prosecuting and seizing Mens Estates as forfeited upon stretches of old and obsolete Laws c. was contrary to Law That the nominating and Imposing Magistrates c. upon Borroughs contrary to their express Charters was the same That the sending Letters to the Courts of Justice ordaining the Judges to desist from determining of Causes and ordaining them how to proceed in Causes depending before them c. was contrary to Law That the granting of personal protections c. was the same That the forcing the Subjects to depose against themselves in Capital Causes however the punishment were restricted was contrary to Law That the using Torture without Evidence or in Ordinary Crimes was contrary to Law That the sending of an Army in a Hostile manner into any part of the Kingdom in time of peace and exacting Locality and free Quarter was the same That the charging the Subjects with Law-burroughs at the Kings instance and imposing Bonds without Authority of Parliament and the suspending Advocates for not appearing when Bonds were offer'd was contrary to Law That the putting Garrisons into private Mens Houses in time of Peace without Authority of Parliament was Illegal That the Opinions of the Lords of the Sessions in the two Cases following were Illegal viz. That the concerting the demand of supply for a forefaulted person although not given was Treason 2. That persons refusing to discover their private thoughts in Relation to points of Treason or other mens Actions are guilty of Treason That the fining Husbands for their Wives withdrawing from Church was Illegal That Prelacy and Superiority of any Office in the Church above Presbyters is and has been a great and unsupportable burthen to this Nation and contrary to the Inclinations of the Generality of the people ever since the Reformation they having reform'd Popery by Presbytery and therefore ought to be abolish'd That it is the Right and Priviledge of the Subject to protest for remedy of Law to the King and Parliament against Sentences pronounc'd by the Lords of the Sessions provided the same do not stop Execution of the said Sentences That it is the Right of the Subject to Petition the King and that all Prosecutions and Imprisonments for such petitioning are and were contrary to Law Therefore for the redress of all Greivances and for the amending strengthening and preserving the Laws they claim'd that Parliaments ought to be frequently call'd and allow'd to sit and freedom of Speech and Debate allow'd the Members And then they farther claim'd and insisted upon all and sundry the premises as their undoubted Rights and Liberties and that no Declarations or Proceedings to the prejudice of the people in any of the said premisses ought in any wise to be drawn hereafter in Example but that all Forfeitures Fines Loss of Offices Imprisonments Banishments Prosecutions Persecutions and Rigorous Executions be consider'd and the Parties redress'd To which demand of their Rights and redress of their Grievances they took themselves to be encouraged by the King of England's Declaration for the Kingdom of Scotland in October last as being the only means for obtaining a full Redress and Remedy therein Therefore Forasmuch as they had an intire Confidence that His Majesty of England would perfect the Deliverance so farre advanced by him and would still preserve them the violation of the Rights which they had asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland had resolved That William and Mary King and Queen of England be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom to them the said King and Queen during their Lives and the longest Liver of Them and that the sole and full Exercise of the Power be onely in and exercis'd by him the said King in the Names of the said King and Queen during their Lives And after their decease that the said Crown and Royal Dignity of the said Kingdom be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body which also failing to the Heirs of the Body of the said William King of England And then withal they pray'd the said King and Queen to accept to same accordingly It was also declar'd by the Instrument that the Oath hereafter mention'd should be taken by all Protestants by whom the Oath of Allegiance or any other Oaths and Declarations might be required by Law instead of it and that the Oath of Allegiance and all other Oaths and Declarations should be abrogated The Oath was but short and conformable to that which was prescrib'd in England I A. B Do sincerely promise and swear That I will be faithful and bear true Allegiance to Their Majesties King William and Queen Mary So help me God So soon as the Secretary had done reading the Instrument an Address was also read from the Estates of Scotland Humbly desiring His Majesty That for the farther settling and securing the Protestant Religion the Government Laws and Liberties of that Kingdom and redressing the Grievances represented by them His
Jurisdiction given to Bishops The 1. Act of 21. Parl. of K. J. 6. concerning the Ratification of the Acts of the Assembly at Glasgow Anno 1610. and the 1. and 2. Acts of the 22. Parl. of K. J. 6. Anno 1617. concerning the Archbishops and Restitution of Chapters and the 1. Act of the 23. Parl. of K. J. 6. An. 1621. about the Ratification of the Articles of the assembly of Perth And all Acts and Constitutions whatever prejudicial to the Church-Government by General Provincial and Presbyterial Assemblies and Kirk-Sessions or so far as they are in favour of Archbishops Bishops Abbots Priors or other Prelates whatever c. or in favor of the civil places and power of Church-men their ruling and voting in Parliament c. by vertue of their Titles or any other pretence whatever c. And all other Acts inconsistent with this present Act. Concluding with an appointment of the Time and Places for the first meeting of the Presbyterial Assemblies and empowring them to choose their Moderator with orders to give him the Oath of Allegiance and to return the Oath taken and subscrib'd to the Clerks of the Privy Council The Act presented by the Lord Cardross was the same for the settling the Church Government by General Assembles Presbyters and Provincial Synods but made no mention of rescinding the many Acts mention'd in the Lord Commissioners draught It was the same for restoring the deprived Ministers but differed in the addition of Clauses for sentencing and depriving all that gave not Obedience to the Act against the owning the late King It also made void all Patronages and Presentations to Churches an Intolerable servitude upon the Church of God with all Laws made in favour of them and particularly the 9th Act of the 1. Parl. of Charles the Second Nevertheless that the Tithes of the said Churches whereof the Patronages were abolished should belong to the Patrons and be inserted in their Infeoffments in lieu of the said Patronages with the burden always of the Ministers Right and Stipend There was also another Clause for suspending all Ministers called Conform Ministers who entered by and still continued under the Prelacy from the Exercise of any part of the Presbyterian Government only that they might continue to exercise their Pastoral Charge within their respective Parishes and hold their Kirk-Sessions for Discipline therein till farther order Declaring in the last place that their Majesties and the Estates would with all conveniency take the advice of such Ministers as were known to be of the Presbyterian Perswasion and by their advice lay down such methods as should be judged most effectual for purging the Church of all Scandalous Erroneous insufficient and disaffected persons and providing for the particular Churches with able and well qualified Ministers and establishing the Exercise of the Presbyterian Government according to the true intent of the Act. While the settling the Church Goverment was thus in debate an Address presented from the Presbyterian Ministers and Professors to the Kings Commissioner was by him given into 〈◊〉 House and there read upon the 〈◊〉 of July Wherein after they had made all due acknowledgements to God and his Majesty for their wonderful and unexpected deliverance from the Great Oppressions which they had suffer'd under the Cruelty and Ambition of the Prelacy of that Kingdom they humbly beseech the Commissioner and the Estates of Parliament seeing the King had declared and their Lordships with him had zealously appeared for the Protestant Religion That they would be graciously pleased by their Civil Sanction to establish and ratifie the late Confession of Faith with the larger and shorter Catechisms which contained the Substance of the Doctrine of the reformed Churches the directory of Worship and Presbyterial Church Government all agreeable to the Word of God and formerly received by the General Consent of the Nation And in regard that Prelacy and all who had entered under Prelacy had been imposed upon the Church without her Consent in any of her free General Assemblies and that Presbyterian Government could not be safe in the hands of those who were of contrary Principles therefore they humbly petitioned that the Church Government might be established in the hands of such only who by their former carriage and sufferings were known to be sound Presbyterians and well affected to His Majesties Government and that those Ministers yet alive who were thrust from their Churches might be restored They also pray that they might be allowed by Civil Sanction to appoint Visitations for the purging out of insufficient and scandalous Ministers and that Patronages which had their Rise from the most corrupt and latter times of Christianism might be abolished and the Church establish'd upon its former good foundations confirmed by many acts of Parliament 1560. And that all Acts ratifying Ceremonies and imposing Punishments upon Presbyterians for Non-conformity might be abolish'd and lastly that their Lordships would take care that learned sound and Godly men might be put into the Universities and Seminaries of Learning humbly submitting to their Lordships wisdom the method of considering and effectuating these their desires But neither did either of the two draughts please neither could the farther consideration of the Address be at that time entered upon For the House had made an order the day before by reason of a Letter from the King to the Privy Council and a Proclamation thereupon by them issued forth for opening the Signet not to proceed any farther in the affair of Church Government till the Letter and Proclamation were considered that in the mean time there should be a stopt put to the opening of the Signet Only they were so farr willing to gratifie the Addressers that they Voted and approved an Act for restoring Presbyterian Ministers to their Churches which was presented by Sir William Hamilton To this effect That whereas in pursuance of the Claim of Right Prelacy c. was abolished and that many Ministers of the Presbyterian perswasion since the first of January 1661. had been deprived of their Churches or banished for not Conforming Therefore their Majesties with advice of the Estates ordained that those Ministers should forthwith have free access to their Churches and exercise the Ministry in those Parishes without any new call thereto and enjoy the benefits and stipends thereto belonging with som reserve to the incumbent of the last years rent as if the Churches were not vacant But then the business of the Lords of the Sessions coming on the Question was put Whither the Nomination of the Lords of the Sessions made by His Majesty in case of a Total vacancy required the Authority of Parliament And whither it were requisite by the consitution of the Colledge of Justice that the President of the Session should be Elected by the Lords of the Session These two Points occasioned a long debate at the end of which the draught of an Act was brought in declaring the methods of naming and admitting the
Lords of the Session To this effect That by the Laws of the Kingdom when the place of an Ordinary Lord of a Session was vacant it was to be supplyed by the Kings nomination of a fit person for the said Office and presenting him to the rest of the Lords of the Session to be tryed or rejected by them but that then there was a total vacancy by reason of the happy Revolution so that there could be no such Tryal by the Lords in which case when such total vacancies fell out the Lords were either nominated by the King and Parliament joyntly or if they were nominated by the King and the Lords so nominated were admitted by the Parliament Therefore the Act was so drawn that their Majesties would nominate fit persons for the said Office and present them to the Parliament to be tryed approved or rejected by them It was also farther ordained That at all times hereafter when any such total Vacancy should happen that the nomination of the Lords of the Session should be in the King and Queen for the time being or in the Regent during a Minority so they should be presented to the Parliament to be tryed c. It was also farther Enacted that there should be a Ratification by their Majesties of the 93. Act of the 6th Parliament of K. J. the VI. concerning the Admission of the Ordinary Lords of Session and Reformation of abuses therein And the 132 Act of the 12th Parliament of King James the VI. concerning the Jurisdiction Presentation Qualities and age of the Lords of the Session in all the heads clauses and articles of it as also of the clause contained in the 93 Act of the 6th Parliament of King James the VI. Declaring that the President of the Colledge of Justice should be Elected by the whole Senate This Act as it was drawn into form was read again the next day together with the 93 Act of the 6th Parliament and the 132 Act of the 12th Parliament of King James the VI. to which the draught referred And upon debate for a long time the Question being put Whither the Vote of the House in reference to the Act should be stated in the terms of approve or not approve Or of Representing to His Majesties or not It was carryed that the Vote should be put approve or not approve and then the question being put Whither the Act was Approved or not It was carried in the affirmative The Parliament having proceeded thus farr thought fit in pursuance of their Vote and Approbation of their Act to make another Vote that the stop put to the Signet should be continued and that an Order should be drawn up for that purpose till the High Commissioner should represent the whole matter to His Majesty and that he should be pleased to declare his farther pleasure But in the Height of this dispute the Parliament was adjourned upon the second of August to the eight of November next ensuing and when that day approached from the eighth of October to the twentieth of December following and from thence again to the first of March which caused a long Cessation of Parliamentary business Having therefore thus brought the Parliament to the end of their City Consultations it may be time to look into the Field the rather because it was but a very little while before the adjournment of the Parliament that the rebellion of Scotland came to any thing like a Period The main disturbance after the happy Revolution was raised by the Viscount of Dundee who as he began with small beginnings so through the vigilance of the Convention and the Parliament after them he never arrived at any number to render him very formidable only by lurking and roaming up and down in the Fastnesses of the Highlands he took his opportunities more like a Freebooter then an Enemy to commit petty mischiefs that at length brought inglorious ruine upon himself and those that adher'd to him At first he was said to be gone Northward and that a Herald was sent after him to summon him before the Convention but he could not be met with So that because he refused to appear before the Convention and for that he kept an Armed Force about his own House and corresponded with the D. of Gourdon he was upon the 30th of March denounced a Rebel by the Vote of the whole Assembly Upon the Herald and the Trumpeters being sent after him he sent a letter to the President of the Convention to excuse his absence and his not appearing seeming to wonder at it as an extraordinary thing that a Trumpeter and a Herald should be sent to summon a Man to lay down Arms that was living peaceably at his own House That he did not think his person safe among so many Enemies as he had in Edinburgh and who as he was well assured had laid their designs to murder him and therefore he hop'd the Convention would discharge such a groundless pursuit That if they thought his appearance necessary yet it was impossible for him to attend with freedom and safety in regard of the Men of War and Foreign Troops that lay in his way Concluding that if the Convention could not be prevailed with to wave his appearance yet that they would delay it till his Lady was brought to bed and offering in the mean while either to give his Parol or Security not to disturb the peace But notwithstanding this Letter the next news that the Convention heard of him was that he was gone Northward with a part of Fourscore Horse and directed his March toward the Duke of Gourdons Countrey where he was in hopes to find more assistance which caused the Convention to give Orders for a considerable Force to make after him His first act of Hostility was done against the Town of Innerness to the Inhabitants of which place he sent to demand contribution threatning them with Military execution unless they paid it But the neighbouring Gentry gathering together a considerable Force got into the Town and constrained him to betake himself again to the Hills After this he attempted to have surprized the Town of Dundee but he found them so well prepared to receive him that he was forced to draw off After which two unsuccessful attempts in a very dark night he entred St. Johnstons and having taking the two Lairds of Blaire and Pollock two Gentlemen of Quality out of their Beds hastened back to his Fastnesses Several other attempts he made and having encreased his strength by the addition of the Mackdonalds Mackleans and others that came into his party he became above three thousand strong and threatned to fall into the County of Argyle Of all which things the Convention had daily Intelligence and therefore ordered Major General Mackay with a considerable Force to hunt the Rebel out of all his Lurking holes The Earl of Argyle was also sent to secure the Country of Argyle and Colonel Ramsey and others to shut up other Passes