effecting of them for the encouraging of their Complices and for the discouraging of all good Subjects have published That the Queen hath brought forth a Son though there have appeared both during the Queens pretended Bigness and in the manner in which the Birth was managed so many just and visible grounds of suspition that not only We our selves but all the good Subjects of those Kingdoms do vehemently suspect that the pretended Prince was never born by the Queen And it is notoriously known to all the World that many both doubted of the Queens Bigness and of the Birth of the Child and yet there was not any one thing done to satisfie them or to put an end to their Doubts And since our dearest and most entirely beloved Consort the Princess and likewise We our selves have so great an interest in this matter and such a Right as all the World knows to the Succession of these Kingdoms which those Men have attempted to violate for preventing of all redress of Miseries by the lawful Successors of the Crown Educated by the good Providence of God in the true profession of the Protestant Religion We cannot excuse our selves from espousing the true interest of these Nations in matters of such high consequence and from contributing all that lies in Vs for the defence of the Laws and Liberties thereof the maintaining of the Protestant Religion in them and the securing the People in the enjoyment of their just Rights But that Our Intentions may be so manifest that no person may doubt or pretend to doubt thereof to excuse themselves from concurring with us in this just Design for the Vniversal Good of the Nation We do Declare that the freeing that Kingdom from all hazard of Popery and Arbitrary Power for the future and the delivering it from what at the present doth expose it to both the setling of it by Parliament upon such a solid Basis as to its Religious and Civil concerns as may most effectually redress all the abovementioned Grievances are the true Reasons of our present undertaking as to that Nation And therefore We perswade Our selves that Our Endeavours to give the best Assistance We can for the Relief of so distressed a Kingdom shall not only not be misconstrued but shall also be accompanied with a chearful and universal Concurrence of the whole Nation that even those who have been Instruments for the enslaving of it will now shew their dislike of what they have done by their timous and seasonable diligence for its rescue And that if any shall not give us that Assistance which their Conscience to God and their Respect to their Country oblige them to they shall be justly charged with all the Evils that may be the effects of such a want of their Duty And as We Our selves desire to trust to the Almighty God alone for the Success of Our Arms so we expect all good Men that they will apply themselves most earnestly to him for his blessing upon Our Endeavours that so they may tend to the Glory of his Great Name to the Establishment of the Reformed Churches and to the Peace and Happiness of that Kingdom Given under our Hand and Seal at our Court in the Hague the Tenth of October in the Year of our Lord 1688. William Henry Prince of Orange By His Highnesses special Command C. HVYGENS So soon as this Declaration came to be divulg'd in Scotland the Generality of the Nation soon concurred to joyn against the common Adversaries of their Laws and Religion and to throw themselves into the Protection of the most generous of Princes whom they saw more sollicitous for their welfare and prosperity then mindful of the Hazards into which he engaged his Person to redeem them from the Yoak of their Oppressors His Highness therefore being arriy'd at St. James's the Scotch Nobility and Gentry waited upon him upon the Seventh of January being the day by his Highness appointed for them to attend him So soon as they came his Highness made them a short Speech to let them know That the only reason which induced him to undergo so great an undertaking was that he saw the Laws and Liberties of the Kingdoms overturn'd and the Protestant Religion in imminent danger and therefore seeing there were in Town so many Noblemen and Gentlemen he had call'd them together that he might have their Advice what was to be done for securing the Protestant Religion and restoring their Laws and Liberties according to his Declaration So soon as his Highness retir'd the Lords and Gentlemen went to the Council Chamber at Whitehall and after they had chosen Duke Hamilton their President they fell into Debate what Advice was fit to be given to his Highness upon those weighty Proposals which he had made them and after some hours Deliberation they agreed upon the Heads of what they intended and appointed the Clerks together with their Assistants to draw up in writing what the Assembly thought expedient to propound to his Highness and to bring it to their next Meeting in the Afternoon The next day being Tuesday the eighth of January the writing was brought into the Assembly of Lords and Gentlemen and after some time spent in considering the fittest way to convene a General Meeting of the Estates of Scotland at length they agreeed and appointed the Advice to be written fair over according to the Amendments But as they were about to depart for that time the Earl of Arran proposed to the rest as his Advice That they should move the Prince of Orange to desire the King to return and call a Free Parliament as being the best way to secure the Protestant Religion and Property and to heal all Breaches which seem'd to dissatisfie the whole Meeting even Duke Hamilton himself though he were Father to the Earl But the Assembly breaking up there was then no farther notice taken of it The next day being Wednesday the ninth of January they met again in the Council Chamber at what time Sir Patrick Hume remembring the Proposal made by the Earl of Arran desir'd to know if there was any person present who would second it But no body appearing to do it he said That what the Earl had propos'd was evidently opposite and injurious to his Highness the Prince of Orange's Undertaking his Declaration and his good Intentions of preserving the Protestant Religion and of restoring their Laws and Liberties therein express'd and further desir'd the Meeting to declare the same to be their Opinion of it The Lord Cardross seconded Sir Patrick Humes's Motion but then it was answered by Duke Hamilton President of the Assembly That their business was to prepare an Advice to be tendred to the Prince and the Advice being then ready to be put to the Vote there was no need that the Assembly should give their Opinion of the Earls Proposal which neither before nor after Sir Patrick's Motion any of the Company had pretended to own or second so that it was
quite out of doors besides that the Vote of the Assembly upon the Advice brought in by their Order would sufficiently decare their Opinion which being seconded by the Earl of Sutherland and the Lord Cardoss Sir Patrick acquiesced in it and so the Assembly unanimously Voted the following Advice To His Highness the Prince of Orange WE the Lords and Gentlemen of the Kingdom of Scotland assembled at your Highness's Desire in this extraordinary Conjuncture do give your Highness our humble and hearty Thanks for your pious and generous Vndertaking for preserving of the Protestant Religion and restoring the Laws and Liberties of these Kingdoms In order to the attaining these ends our humble Advice and Desire is That Your Highness take upon You the Administration of all Affairs both Civil and Military the Disposal of all the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing every thing that is necessary for the Preservation of the Peace of the Kingdom until a general Meeting of the States of the Nation which we humbly desire your Highness to call to be holden at Edinborough the Fourteenth day of March next by your Letters or Proclamation to be published at the Market Cross of Edinborough and other Head Boroughs of the several Shires and Stewarties as sufficient Information to all concern'd and according to the Custom of the Kingdom And that the publication of these your Letters or Proclamation be by the Sheriffs or Steward-Clerks for the Free-holders who have the value of Lands holden according to Law for making Elections and by the Town-Clerks of the several Boroughs for the meeting of the Burgesses of the respective Royal Boroughs to make their Elections at least fifteen days before the meeting of the Estates at Edinborough And the respective Clerks to make Intimation thereof at least ten days before the meeting of the Elections And that the whole Elections and Members of the said meeting at Edinborough qualify'd as above express'd be Protestants without any other exception or limitation whatsoever to deliberate and resolve what is to be done for securing the Protestant Religion and restoring the Laws and Liberties of the Kingdom according to Your Highness's Declaration Dated at the Council-Chamber in Whitehall the Tenth day of January 1689. This Advice being subscribed by above Thirty Lords and Fourscore Gentlemen was presented they being all present by Duke Hamilton their President at St. James 's to his Highness the Prince of Orange who return'd them Thanks for the Trust which they had reposed in him but desir'd some time to consider upon so important an Affair Upon the Fourteenth of January His Highness met the same Lords and Gentlemen again at St. James's at what time he thus delivered himself My Lords and Gentlemen IN pursuance of your Avice I will until the Meeting of the States in March next give such Orders concerning the Affairs of Scotland as are necessary for the calling of the said Meeting for preserving of the peace the applying of the publick Revenue to the most pressing Vses and putting the Fortresses into the hands of persons in whom the Nation can have just confidence And I do further assure you that you will always find me ready to concur with you in every thing that may be found necessary for the securing the Protestant Religion and restoring the Laws and Liberties of the Nation At the same time the Eal of Crawfourd made it his Suit to His Highness that himself the Earl of Louthian and others who came to Town since the Advice was presented might have the Liberty to subscribe it also which was done accordingly This Answer of his Highness gave great satisfaction to the Lords and Gentlemen who tendered the Advice so that every thing being prepared in order to the Elections and the several Members being returned according to the Methods prescribed the Convention consisting of the Lords Spiritual and Temporal and Commons of the Kingdom of Scotland assembled at Edinborough the Fourteenth day of March all in one House according to the custom of that Realm The Bishop of Edinborough said Prayers in which he prayed to God to have compassion upon King James wherein he did well had he not gon on with his Supplications to restore him however it shewed the Temper of the Man Upon the choosing of their President and Clerks the Bishops and some others were for the Marques of Aihol to have been President but Duke Hamilton carried it by Forty Voices The first thing they took into consideration was the security and safety of their Sitting in regard the City of Edinborough where they sat was then at the mercy of the Canon of the Castle which was in the hands of the D. of Gourdon a Roman Patholick Thereupon they passed an Act That in regard the Duke of Gourdon and some others of the Popish Religion under him entrusted with the keeping of the Castle of Edinborough were not qualified by the Law of this Kingdom they did therefore grant a Warrant to the Earls of Lothian and Tweddale to repair immediately to the Castle of Edinborough and require both Him and others of his Perswasion there in the Name of the States of the Kingdom to remove out of the said Castle within twenty four Hours after the Intimation and to leave the charge thereof to the next Commanding Officer being a Protestant And he and they doing the same the Estates gave assurance that he and they were and should be exonerated and secured as to any thing they have acted in that or any other Station contrary to Law as being Papists While those Lords were doing their duty in pursuance of the Act of the Convention the Meeting of Estates went on and in the first place named a Committee of Elections consisting of Fifteen that is to say five out of each State This gave an occasion to a debate Whither the Lords Spiritual were a distinct Estate or only a part of the same Estate with the Lords Temporal But in regard the House inclined to the Negative the debate was let fall However by the naming of this Committee the people began to make a Judgment of the Meeting for that of Fifteen which were of it at least twelve were shrewdly supposed to be inclined to follow the methods of England besides that the Houses rejecting a Protestation made against the Earl of Argyle 's sitting among them till his fathers Attainder should be reversed was no small confirmation of what the people conjectured But nothing more availed to give the people a true notion of the Noble designs of the Meeting then the following Speech which was spoken by a Member at the opening of the Convention which being so well received as it was was a clear evidence that they were not met to favour the Interest of King James WE are now said the Gentleman called together by His Highness the Prince of Orange to Consult and deliberate what methods will be most proper to secure our Religion Laws
Majesty would be pleas'd to turn their Meeting into a Parliament All these Papers being read in their Order His Majesty was pleased to express himself briefly to this effect That at his coming from Holland he had a particular regard to Scotland and had emitted a Declaration for that Kingdom as well as for England which he would make effectual to them That he took it very kindly Scotland had express'd so much Confidence in him and should testifie his sence of it in every thing that might be for its Interest and would be ready to redress all Grievances and prevent the like for the future by good and wholsom Laws The latter part of these words are somewhat alter'd in another Relation of this Important Ceremony though much to the same effect That they should find him Willing to assist them in every thing that concern'd the Weal of that kingdom by making what Laws should be necessary for the security of their Religion Property and Liberty and to ease them of what might be justly grievous to them When the King had made an end of speaking the Coronation Oath was tender'd to their Majesties and distinctly pronounc'd word by word by the Earl of Argyle while their Majesties repeated the Sentences after him holding up their Right Hands all the while according to the Custom of Scotland We William and Mary King and Queen of Scotland faithfully promise and swear by this our Solemn Oath in presence of the Eternal God that during the whole Course of our Life we will serve the same Eternal God to the uttermost of our Power according as he has required in his most Holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his Holy Word and the due and Right Ministration of the Sacraments now receiv'd and preach'd within the Realm of Scotland and shall abolish and gain-stand all false Religion contrary to the same and shall rule the People committed to our Charge according to the Will and Command of God revealed in his above said Word and according to the Loveable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the Vtmost of our Power to the Kirk of God and whole Christian People true and perfit peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Priviledges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and degrees Reif Oppression and all kind of Wrong And we shall Command and procure that Justice and Equity in all Judgements be keeped to all persons without exception as the Lord and Father of all Mercies shall be merciful to Vs And we shall be careful to root out all Hereticks and Enemies to the True Worship of God that shall be convicted by the True Kirk of God of the aforesaid Crimes out of our Lands and Empire of Scotland And we faithfully affirm the Things above-written by our Solemn Oath True it is that the Estates of Scotland had authorized their Commissioners to represent to His Majesty in relation to the Clause in the Oath about the rooting out of Hereticks that the said Clause did not import the destroying of Hereticks for that by the Law of Scotland no man was to be prosecuted for his private Opinion but that even obstinate and convicted Hereticks were only to be denounc'd or outlaw'd Which being represented to His Majesty accordingly when he came to that Clause in the Oath the King declar'd That he did not mean by those words That he was under any Obligation to become a Persecutor To which the Commissioners made answer That neither the meaning of the Oath nor the Law of Scotland did import it Whereupon the King replied That he took the Oath in that sence and called for Witnesses of his so doing the Commissioners and others there present After which Their Majesties concluded the Solemnity by signing the Oath which they had taken The Names of the Commissioners which the Estates of Scotland had made Choice of to treat concerning the Union between the two Kingdoms desir'd in the Letter presented to the King by the Commissioners that deliver'd the Instrument of Government and tendred the Crown and Oath to Their Majesties for so far the Estates had already proceeded in order to that great Affair were The Earls of Argyle Crawford Lowthian Annandale and Tweddale The Lords Ross Cardross and Melvin Barons Skelmorley Ormiston Blackbaronny Racebrigg Polwart Grant Rickartown and Blaire For the Burroughs Sir John Hall Sir J. Dalrimple Sir Char. Hacket Mr. Jam. Ogilvie Provost Fletcher Mr. William Hamilton Mr. John Murray and Provost Muire It seems that before the Address was resolv'd upon for desiring His Majesty to turn the Meeting of the Estates into a Parliament there was some debate whither the King should be address'd to that purpose or else to call a new Parliament Many reasons were urg'd on both sides but in regard that they who were for the Address deliver'd prevail'd the Reasons on that side were onely made publick By which it was alledg'd That because that the present Meeting of the Estates being assembled in a way wholly extraordinary for securing the Protestant Religion and re-establishing the Laws and Liberties of the Kingdom and they having declar'd the Throne Vacant and having also lately conferr'd and settl'd the Crown upon King William and Queen Mary according to the Instrument made for that effect and having likewise agreed upon the Grievances which they expect to be redress'd they ought to be turn'd into a Parliament for the Reasons following First Because the turning of the Meeting into a Parliament was absolutely necessary for attaining the Ends for which it was call'd it being evident that although the Estates had indeed happily laid the Foundations by the settlement they had made yet both the perfecting the Claim of Right and the redressing the Greivances complain'd of did indispensably require a Parliament and by the same Argument of Necessity the turning of the same Meeting into a Parliament in regard the perfecting of that begun work was not to be expected from other hands nor could they in their Circumstances look for it with any probability So that unless the States would incur the Censure of beginning to build but not being able to finish they could not leave the work unaccomplish'd 2. Because their present Circumstances were manifestly such as neither did admit of the delay of calling a new Parliament nor indeed did allow them to hope that new Parliament would perfect the Work begun the imminent threatning of an Invasion from Ireland with the Jealousies and Distractions within the Kingdom being Arguments too palpable to refute the Conceit of calling a new Parliament 3. Because they had the practise of England for a good President
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
that the Officers and Souldiers should take the Oaths of Allegiance which in Scotland comprehends that of Supremacy Which being done in the Year 1672. when the Cabal at Court for the advancement of Popery and Arbitrary Power was in its Ascendent and Matters were come to a manifest Crisis was a shrewd Argument that L. was deep in the Plot. Nor was his Administration in Church Affairs less grievous and terrible to the Nation For that after the extream Distress where into the Episcopal Persecutions had brought the Country had mov'd the Compassion of some more moderate Persons to obtain for it the ease of a small Indulgence in 1669. L. in 1670. commands Conformity again prohibiting Praying to God in any Meeting or Preaching without Licence under Forfeitures of Life and Confiscation of Goods And by other Acts enjoyning all the Kings Subjects to keep to their own Churches and to make discoveries upon Oath of what Conventicles they knew and what Words they heard spoken therein under the pains of Banishment and Imprisonment All which the People lookt upon to be a Tyranny beyond that of the Inquisition Nor is it in the last place to be omitted that he had also enlarg'd the Power of the Lords of the Articles to the subversion of the Rights and Priviledges of the Parliament So that his Administration was not only Cruel and Tyrannical but he had in a manner over-turn'd the whole Frame of the Scotch Government However after he had thus serv'd and assisted in the Popish and Arbitrary Designs then on Foot both to his own Infamy and greatly to the depopulation of his Country yet because he demurr'd to act on still for the eradication of Protestantism and erecting Popery to be the National Religion he was discharged from his Ministry and Offices and grew despis'd and contemn'd in his Person And then it was that the D. of York retiring into Scotland from the Dangers that threaten'd him in England built upon the Foundations that L. had laid and driving on in the concerns of Popery and Slavery with his wonted Phaetonic Fury thought to have compleated his Work but made way for the following Revolution So soon as the Duke got into Scotland a Parliament was summon'd and great Industry us'd to choose the Commons to cajole some of the Lords and to make D. Hamilton believe and trust the Court for the future And so soon as the Parliament sate the Duke of York entred as his Brothers Commissioner without any regard to the Laws of the Realm or the Qualifications necessary for taking the Oaths However his Brothers Indulgence bore him out and when he was in he obtains the succession of the Crown to be confirmed by an Act and gets a Test pass'd by which all were to swear not to endeavour to alter the Government either in Churh or State and all such as refus'd to take it to lose their Employments This Test was generally dislik'd as not conformable to the Scotch Confession of Faith several of the Scotch Synods rejected it and many of the Laity refused it Among the rest the E. of Argyle declin'd the taking it unless he might make his own Explanation of the sense and meaning in which he took it Which being at first allow'd him by the Duke and his Party yet afterwards when he had deliver'd in his Explantion which was no more then what the Privy Council were forc'd to do for the satisfaction of the People The Duke having a particular Animosity to his Person and resolv'd to remove him out of the way as a Grand Obstacle to his Designs caus'd his Interpretation to be scan'd and sifted to that degree with a particular encouragement to his Advocates to try whether it might not be wrested to Treason that at length a latent piece of High-Treason was found in it upon which he was Indicted Arraign'd and Condemn'd and had been put to death had he not made his escape out of Edinborough Castle Popery then began to triumph bare-fac'd in Scotland to that degree that Mass-Houses were publickly erected both in Edinborough and divers other Towns and Cities of that Realm while the Protestant Non-conformists were every where punished with the utmost severity And such was the Dukes inveterate hatred of those People that in his publick Declarations he stigmatiz'd them as a sort of Caitiffs not fit for Human Converse and scrupl'd not to testifie his Resolutions to eradicate them for refusing to conform to his Will and Pleasure as the Pests of Mankind Affirming withal that it would never be well with Scotland till all the Country on this side the Forth were made a Hunting Field Which Rigorous and indeed Inhuman Proceedings in leaving these poor People at the Mercy of his Souldiers to be not only disturb'd in the Exercise of their Divine Worship but to be Arraign'd and Condemn'd by Military Judges without any Form or Process of Law wholly alienated the Affections of a great part of the Scotch Nation from his Person and Government But the Duke encompass'd with a standing Force and encouraged by his continu'd Success in carrying all things before him thought he could meet with no Obstruction which he could not Conquer and therefore resolv'd to remove what ever Impediments that he found in his way Which run him upon that no less Impolitick then unjust and violent Prosecution of the E. of Argyle for the taking away of whose Life he could find no other pretence but his refusal to take an insnaring Test which the generality of the Clergy and Laity refus'd For if the whole Body of Refusers had had but one Neck he might have cut it off for the same Reason as well as the single Head of the Earl Many others also were prosecuted and condemned at the same rate for Crimes made such for their Destruction rather then that they were really so The citing Sir John Scot of Ancrum and bringing him before the Council upon pretence of Treasonable Words alledg'd against him by an avow'd Enemy and which had certainly done his business considering he was lookt upon as a true Lover of his Country had he not been so fortunate as to have four or five Persons of great Worth and Credit by when the Words were pretended to have been spoken who clear'd and acquitted him The seising and putting to the Torture one Hamilton meerly because he was of the contrary Party and consequently barely suspected who nevertheless after his enduring his Torments with an extraordinary Patience was at length acquitted and declar'd Innocent by the Justice Court The putting under Bail or in Prison almost all the Honest Protestant Worthy Gentlemen or forcing them to abscond or withdraw out of the Kingdom of whom the Lord Melvil was one who never could be induced to act in publick under the Government of the Duke but was forc'd to abandon his Relations and Native Country and flie into Holland where and in Germany he remain'd seven Years The sending away of above sixty Men at
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
from His Majesty of England Upon which a Debate arose about the reading of the Letters at what time the Earl of Lothian mov'd That since they were met at the Desire of his Majesty of England they ought to give his Letter the Precedence which being put to the Vote was carried in the affirmative and the King of England 's Letter was read the Contents of which were as follow The Direction was To the Meeting of the Estates of Scotland My Lords and Gentlemen WE are very sensible of the Kindness and Concern which your Nation has evidenced toward Vs and Our Vndertaking for the preservation of your Religion and Liberty which were in such imminent Danger Neither can we in the least doubt of your Considence in Vs after having seen how far so many of your Nobility and Gentry have own'd our Declaration countenancing and concurring with us in our Endeavours and desiring Vs that We would take upon us the Administration of Affairs Civil and Military and to call a Meeting of the Estates for securing the Protestant Religion and the Ancient Laws and Liberties of that Kingdom which accordingly we have done Now it lies on You to enter upon such Consultations as are most probable to settle You on sure and lasting foundations which We hope you will set about with all convenient speed with regard to the publick Good and to the General Interest and Inclinations of the People that after so much Trouble and great Suffering they may live happily and in Peace and that you may lay aside all Animosities and Factions that may impede so good a Work We were glad to find that so many of the Nobility and Gentry when here in London were so much inclin'd to a Vnion of both Kingdoms and that they did look upon it as one of the best means for procuring the Happiness of both Nations and settling of a lasting Peace among them which would be advantagious to Both they living in the same Island having the same Language and the same common Interest of Religion and Liberty especially at this Juncture when the Enemies of both are so restless endeavouring to make and increase Jealousies and Divisions which they will be ready to improve to their own Advantage and the Ruin of Britain We being of the same Opinion as to the usefulness of this Vnion and having nothing so much before our Eyes as the Glory of God Establishing the Reformed Religion and the Peace and Happiness of these Nations are resolv'd to use Our Vtmost Endeavours in advancing every thing that may conduce to the effectuating the same So we hid you Heartily Farwell From our Court at Hampton the seventh day of March 1689. His Majesties Letter being thus read the next debate was whither the late King James 's Letter should be read or no. And here to remove all Heats and disputes the Lord Lothian again stept up and propounded an Expedient to which the House agreed That is to say that before the reading of it they should pass an Act which should be subscribed by all the Members That For as much as there was a Letter from King James the Seventh presented to the Meeting of the Estates That they before the Opening thereof declar'd and Enacted That notwithstanding of any thing that might be contain'd in that Letter for dissolving them or impeding their Procedure yet that they were a Free and Lawful Meeting of the Estates and would continue undissolved until they had settled and secur'd the Protestant Religion the Government Laws and Liberties of the Kingdom This Act was sign'd by the whole Meeting except only six or seven and then the following Letter was opened and read overwritten James Rex My Lords and Gentlemen WHereas we have been inform'd that You the Peers and Representatives of the Shires and Boroughs of that our Ancient Kingdom who are to meet together at our good Town of Edinborough some time in this Instant March by the Usurp't Authority of the Prince of Orange We think fit to let you know That we have at all times rely'd upon the Faithfulness and Affection of You our Ancient People so much that in our greatest Misfortunes heretofore we had recourse to your Assistance and that with good success to our Affairs So now again we require of you to support our Royal Interest expecting from you what becomes Loyal and Faithful Subjects Generous and Honest Men that will neither suffer your selves to be cajol'd nor frighted into any Action misbecoming true-hearted Scotchmen And that to support the Honour of the Nation you will contemn the base Example of Disloyal Men and Eternize your names by a Loyalty sutable to the many Professions you have made to us in doing whereof you will choose the safest part since thereby you will evite the danger you must needs undergo the Infamy and Disgrace you must bring upon your selves in this World and the Condemnation due to the Rebellious in the Next and you will likewise have the Opportunity to secure to your selves and your Posterity the gracious Promises which we have so oft made of securing your Religion Laws Properties and Rights which we are still resolved to perform as soon as it is possible for us to meet you safely in a Parliament of our Ancient Kingdom In the mean time fear not to declare for Us your Lawful Soveraign veraign who will not fail on our part to give you such speedy and powerful Assistance as shall not only enable you to defend your selves from any Foreign Attempt but put you in a Condition to assert our Right against our Enemies who have depressed the same by the blackest of Usurpations the most unjust as well as most unnatural of all Attempts which the Almighty God may for a time permit and let the Wicked prosper yet then must bring Confusion upon such Workers of Iniquity We farther let you know that we will pardon all such as shall return to their Duty before the last day of this Month Inclusive and that we will punish with the Rigor of our Lawes all such as shall stand out in Rebellion against Us or our Authority So not doubting that you will declare for us and suppress whatever may oppose our Interest and that you will send some of your number to us with an Accompt of your diligence and the Posture of our Affairs We bid you Heartily Farewell Given on Board the St. Michael March the First 1689. By His Majesties Command Melfort This Letter being directed to Persons at that time sitting who either lay under the Ignominy of his Attainders or had else severely otherwise suffered either themselves or their nearest Relations the dilacerating stripes of his Tyrannical severity could not so soon forget the anguish of their Sufferings as to be sugar'd up into a Reconciliation by the fair Promises of a Person that had lost the Reputation of being true to his Publick Word Besides that there was so little Majesty in the Style of the Letter
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
and as plain necessity and Reason had hitherto oblig'd the Convention to tread in their Footsteps so those Motives were at present most cogent for their continuance To this it was objected that the thing could not be done by Law seeing the Estates assembled in their own Right from absolute necessity and having already settl'd and surrender'd the Government they were defunct and dissolv'd and the King could no more turn the Meeting into a Parliament than he could at another time constitute a meeting of Men to be a Parliament without a lawful Summons and the Peoples Choice And moreover That Commissioners for Shires and Burroughs have onely their Commissions in the Meeting of the Estates and not in a Parliament And as for the Case of England that they had Presidents but Scotland had none To all which it was answer'd to begin with the last part first That Scotland had Englands practise for a President but that England it self had no President unless that of 1660. the lameest that ever was heard of for that there having been a Meeting call'd without the King and consisting only of a House of Commons when the King returned he added to it the House of Peers and turned it into a House of Peers without any Summons or other Formality And supposing that England might now alledge that for a President yet that Parliament 1660. had no President at all Secondly That it was true that the Estates by the surrender and settlement were defunct at least as to that point Yet what could possibly hinder why the Estates who had made so great a settlement That for to make all the work effectual King William should presently turn the Meeting into a Parliament For that certainly if the Estates had power as no doubt they had to mould and confer the Government as they had done they had power to do this also and indeed that they could not do it without a visible neglect especially seeing that as yet neither the Instrument nor the Commissioners were dispatched Thirdly Though this should be omitted yet the same reason of State and invincible Necessity the principal support of all their late proceedings did with the same force and Evidence require that the Meeting should be turn'd into a Parliament Fourthly That their could be no defect alledged for the Commissions for Shires and Burroughs but what would more strengthen the Argument against what was already done than against what was craved to be done But that in truth the Commissions were full enough beyond all exception Lastly There could be no Treaty about the Vnion without a Commission from King and Parliament So that unless the Treaty were turned into a Parliament the Treaty must for a long time be delay'd and postpon'd By the event it was evident that these Reasons overcame all Obstructions in this Affair for that within a few days after their Majesties had taken the Coronation Oath the King declared his pleasure for turning the Meeting of Estates into a Parliament and having nominated the Duke of Hamilton his Commissioner upon the last day of May sign'd his Commission And in regard that upon Their Majesties Acceptance of the Crown all Commissions Gifts and other Writs supscrib'd by the King were of necessity to be docketed and countersigned by the Secretary of State the King made choice of the Lord Melvil for that Office as being a Person that could never be induced to act in the former Raigns And in regard it was as necessary for him to have an Advocate he named Sir John Dalrimple one of three Commissioners for offer of the Crown to that Employment Moreover because as King of Scotland it was no less requisite for him to have a standing Privy Council His Majesty made choice of the following Persons to act in that High Station Prince G. of Denm D. of Hamilton Marq. of Douglass Marq. of Athol Earl of Drumlanrigg E. of Argyle E. of Crawford E. of Arrol E. of Marshal E. of Sutherland E. of Glencarn E. of Eglington E. of Cassels E. of Lowthian E. of Annandale E. of Tweddale E. of Leven Earl of Dundannald E. of Kintore Lord Yeasters L. Melvil L. Ross L. Cardross L. Carmichel L. Ruthen The Mast of Forbes The Mast of Melvil Sir James Dalrimple of Staire Sir John Dalrimple Sir John Melland Sir Hugh Campbil of Kaddal Skelmorley Polwart Laird of Grant The Privy Council thus chosen made it their first business to take care for the preservation of the Kingdom for the disturbance of which they had Intimation of several Machinations and Conspiracies Insomuch that about the beginning of June the Lord Tarbot's Son was seiz'd the Lord Levar and the Lord Dunmore committed to Custody with some Ladies also of Quality But while the Privy Council were thus prying into the secrets of these dark designs not being able to make any perfect discovery fifteen Men and two Women issued out of the Castle of Edinborough at that time not surrendred the Men having their Muskets Cockt and well charg'd with a brace of Bullets But they were all taken by the Guards that blockt up the Castle except one Woman that escap'd through the Noreloch and brought to the Duke of Hamilton About the Woman there was taken a Pacquet of Letters with many Keys and particularly the Keys of the outer Gate of the Castle and the Key of the Postern Gate Soon after the Woman that made her escape was also taken with a great many more Letters This seasonable discovery was of great Importance For thereby the Council came to understand who they were that were most deeply concern'd in the designs on foot for overturning the Government and the Methods and Instruments they made use of to bring it to pass Among the rest it was found out that many belonging to the Law were concerned and several of the Ministers that refused to pray for the King and the Queen Among the Ladies the Countess Dowager of Arrol was seized and brought up a Prisoner to Edinborough and committed upon this occasion A certain Messenger going in disguise like a Beggar to Viscount Stormont's House with a bag of Meal upon his Shoulders after he had passed several of the Centinels was at last stopped by one who putting his hand into the Bag among the Meal found several Letters and the sum of fifteen pound Sterling in Gold Those Letters discovered the Correspondent and her Orders for the distribution of the Gold among Dundee's Officers So that the Lady and the Gold were sent up to the Council who committed the Countess to prison and ordered the Gold to be employed for the Service of King William In the midst of these Transactions of the Council upon the 5th of June the Duke of Hamilton acquainted the States with his having a Commission sent him from the King to represent His Majesties person in the first Sessions of the Approaching Parliament and in reference to that particular briefly thus delivered himself That His Majesty had been
Members that were present took the Oath with uplifted hands and then the President administred it to the Clerks and the next day they all subscribed it It was at the same time mov'd by the Earl of Cassils that all the Clergy should take the same Oath but that was wav'd till it were farther considered what other persons or whither all in the Kingdom should take the same and so that debate being laid aside they all took the other Oath de Fideli Administratione The next day being the eighteenth of June the whole House subscribed the Oath and such of the Members who were absent the day before both swore and subscribed it also Which done they proceeded to Read the Act for redressing the Grievance of the Lords of the Articles which appointed a constant Committee of Eight Persons out of every Estate with the Officers of state to be in place of the Lords of the Articles But this first draught of the Act did no way please the Generality of the Parliament insomuch that upon the 25th of June the draught of the Act was again presented and read with an Amendment that the Members of the Committees should be chosen by the Respective Estates the Noblemen out of the Nobility the Barons from among the Barons and the Burgesses by the Burgess Estate Which being agreed to they came to a new debate Whither the Officers of State should be supernumerary in those Committees and after much arguing the Question being put to the Vote it was carryed in the Negative and a Clause ordered to be added to the Act Declaring That the Officers of State were not to be Members of the Committees unless they should be chosen With which addition the Act was again Read Voted and Approved in the following terms Forasmuch as the Meeting of the Estates of this Kingdom did by their Vote of the Seventh of April last represent among other Grievances that the Committee of Parliament called the Articles was and is a great Grievance to the Nation and that there ought to be no Committees of Parliament but such as are freely chosen by the Estates to prepare motions and overtures that are first tabled in the House Therefore Their Majesties with the Advise and Consent of the Estates in Parliament do Enact and Declare That it is the undoubted Priviledge of the three Estates in Parliament to nominate and appoint Committees of Parliament of what number of Members they please being equal of every Estate and chosen by the respective Estates viz. The Noblemen by the Estate of the Noblemen the Barons by the Estate of the Barons and the Burghers by the Estate of the Buroughs for preparing motions and Overtures that are first made in the House or that the House may treat Vote and Conclude upon matters brought in plain Parliament without remitting them to any Committee if they think fit Or that the House may appoint plurality of Committees for Motions and Overtures that need to be prepared or digested for them Declaring hereby That no Officers of State are to be Members except they be chosen And hereby rescinding the first Act of the third Session of the first Parliament of King Charles the second and all other Lawes and Customs establishing the manner of Election and Power of any Committees of Parliament so far as they are not conformable to this Act. But when this Act was offered to be touched by the Scepter the High Commissioner signified to the House that their Vote not being in the terms of the Instrument which he had received from the King he could not give the Royal Assent thereto until he had acquainted His Majesty For the first Instructions to the High Commissioner were in these words You are to pass an Act for regulating the Articles to consist of twenty four persons besides the Officers of State whereof Eight are to be chosen by the Noblemen out of their Estate Eight by the Barons and Eight by the Burroughs out of their Estates But this Concession was not thought sufficient and it so much the more displeased because it was looked upon as a delay to the satisfying the People in the first and most important Grievance for the redress of which they had so solemnly stipulated with His Majesty It was urged that by the ancient Records of several Parliaments it appeared that the Officers of State were so far from being supernumerary in the Committees of the Articles that they were not so much as Elected into that trust nor had any room allowed them there though it appeared by the same Records that there were Members chosen by and out of the respective Estates sometimes in larger sometimes in lesser numbers to constitute such Estates And although after the year 1567. Some of the Officers of State were now then by reason of their great Abilities thought fit to be chosen among others for Lords of the Articles yet they were not Elected into those Committees by vertue of their Offices much less that they sate there as persons supernumerary to those that were chosen Besides that in the 37 Act in the Eleventh year of James the sixth where provision was made for the number of those that were to constitute this Committee it was only Enacted that the number of the Lords of the Articles should equal in each Estate and that the fewest out of each Estate should be six and the greatest number not above Ten. This was the state of the Court of Articles as being constituted at first for the ease of the Parliament in the dispatch of business till through the Usurpations of the Kings of Scotland especially after their succession to the Crown of England and the removal of their Royal Residence thither and through the officiousness of publick Ministers to the Prince and their Treachery to their Countrey it grew up at length to that exorbitancy that it became not only burthensom but intollerable For by reason of the Parliaments coming at last to commit the inspection into all affairs and preparing all remedies for Greivances into the hands of a few and those unchangeable during a whole Session the late Monarchs of Scotland obtained such an opportunity to incroach upon the Jurisdiction of Parliaments and the Liberties of the People that they soon improved it to the eluding all the good that the Kingdom was to expect from Parliaments and making those that were design'd to be the means of the peoples safety the instruments of their ruin For the accomplishment of which and the more easie rendring the Lords of the Articles Vassals to the Monarchs will and tools for executing his pleasure they first prevailed to have the Officers of State admitted into this Committees as supernumerary without being nominated and elected by the Estates in Parliament as having a right to sit there by vertue of their employments For King James the Sixth being by the Adulation of the English brought over intirely to their interest as well as to their Opinions and having
to be dispensed with such Moderation that the Sentence it self might convince the world that there was not wanting in it both Mercy and Favour That it was not the Goodness or Fertility of the Climate nor the Goodness of the Laws that made a Kingdom happy but their passing through those impure Channels whose Ambition Luxury and Pride rendered them fit Tools for Tyrannical Arbitrary Men that was to be prevented So that if their Lordships did but make it their Duty Honour and Interest to imitate their Religious Prudent Valiant and just Prince and Deliverer the Nation would be the most happy in the World Insomuch that for his part if he could be so Fortunate as to add but one Grain to the Scale of Equity he should esteem it his greatest Advantage and himself overpaid for all the pains he could ever he capable of This Speech of the Earl of Lothian as it was received with a deserved applause by the other Lords and Officers so the Subjects of Scotland in General quickly perceived the difference between the Arbitrary proceedings of the late Reign and the legal and easie administration of Justice since the happy Revolution and the late settlement of the justiciary here a particular instance of this may be seen in the permitting the Lady Castle-Haven to enter a Protestation against a Decree even of the Lords of the Session pronounced in a case before their Lordships betwixt the said Countess and the Lord Collington her son in Law wherein she declared her resolution to seek her remedy in the next ensuing Session of Parliament a Liberty which for many years before has been disallowed and found impracticable by the Scottish Subjects But yet notwithstanding the many signal advantages accruing to this Kingdom by the redress of those Grievances under which they had for several years lay there were found several ill affected persons who both by publick and private practices endeavoured to disturb and bring into confusion the present well settled Government About the beginning of February eighty nine five Gentlemen of the Shire of Angus were apprehended and brought away prisoners for committing a Riot that by the circumstances produc'd and prov'd against them of an Insolence not often parallel'd It seems they being at a Countrey Wedding they amongst other Healths began and drank that of the late King not at the same time omitting some scandalous Reflections on the present management of Affairs and not content with their own crimes were resolved to force others of their Company to a commission of the same and accordingly drawing their Swords set them the to refusers breasts threatning immediate death without their compliance their names were Durham of Omaghie Graham of Duntreath with his two brothers and Guthrick of that Title but being carried before the Privy Council after a full hearing the two first were sentenced and adjudged the one to pay one hundred pounds the other five hundred Marks and to be imprisoned till the payment thereof And now his Majesty having in a Letter bearing date the thirteenth of February intimated his kind acceptance of the Lords of his Privy Councils humble invitation that His Majesty would be pleased to be present at the next Session of Parliament which was to be holden the first of March next ensuing he gives them many reiterated assurances of his Gracious designs and resolutions to perfect the delivery of the Protestant Religion in general from the many dangers and encroachments it lay under and in particular of the Church and Kingdom of Scotland but that upon mature consideration that the many urgent and great matters that concerned the common good of the Protestant interest throughout his Kingdoms and elsewhere did indispensably require him to meet his people of England in a Parliament to be held on the twentieth day of March he thought fit to continue the adjournment of the Parliament of that his ancient Kingdom to some longer time and therefore required them to issue out in his Majesties name a Proclamation for the adjournment of the said Parliament of Scotland from the first to the eighteenth of March ensuing betwixt and which time he would endeavour to lay down such measures and give such instructions to his High Commissioner till his Affairs would permit his own presence as he doubted not would give satisfaction to his people graciously expressing to them that he should always prefer their safety to his own quiet and repose Assuring them that he esteemed the governing by Law to be the greatest and furest of his Prerogatives Upon the receipt of His Majesties Gracious Letter the Privy Council forthwith issu'd their Proclamation in His Majesties name to adjourn the Parliament from the first to the eighteenth of March following About this time one Strachan who was suspected to have held and carryed on a correspondence with the late King James was apprehended at Greenock by a party of the Earl of Argyle's Regiment and brought Prisoner to Endinburgh he was examined before a Committee of the Privy Council to whom after a promise of his Life made to him he confessed all that he knew of the matter he owned he was a Roman Catholick and that he had lately come from Dublin with several Letters Commissions and Papers from the late King which with other things he had delivered to one Gourdon a Regent of Philosophy in the Colledge of Glasgow Gourdon thereupon by the application of the Earl of Argyle was forthwith siezed and brought up to Town and upon search there were several Treasonable Papers and Commissions found about him his contrivance to conceal them was by sowing them up in the soles of his shoes the directions were to several suspected persons and an order to apprehend them was immediately issued forth These Papers were thought to make an ample discovery of the late Kings designs on the Kingdom of Scotland and of most of the persons that were to be made instruments for the bringing them about nor were the publick and hostile endeavours of the Rebels less unfortunate or successful than the private intrigues and managements of some disaffected persons in this Kingdom For Sir Thomas Levingston about the latter end of this Moneth being advertised that several Partys of the Rebels designed to Rendevouze about the Castle of Erchless belonging to the Chisholm of Strathglass he presently orders a detachment of seven Companies of Foot of the Lord Strathnavers Regiment two of the Laird of Grants Regiment two Companies out of the Garrisons of Castlehead and Braan with two Troops of Horse all under the command of Lieutenant Colonel Lumsdane to advance to Strathglass and Erchless with instructions to use Military Execution on all that opposed them and because the Castle of Erchless seem'd to stand convenient for the settling a Garrison which might overawe and restrain the incursions and Robberies of the Highlanders they were order'd to leave a sufficient number for that purpose and to make good the place Upon the first approach of our Forces
the Rebels became shame-fac'd and turn'd their backs flying with all the precipitancy imaginable to the Hills and their other Fastnesses leaving us a considerable booty of all sorts of Provision and Forrage for Man and Horse together with some hundreds of Bolls of Oats intended for the use of the Earl of Dumferling At our departure from hence there were left four Companies of Foot under the command of Major Mackay and now the time for the Sitting of the Parliament drawing on we had several flying discourses that the Honourable the Lord Mellvill Secretary of State was preparing hither from England under no less a Character 't is thought than Lord High Commissioner for the ensuing Sessions of Parliament though for sometimes seem'd to hang in dispute between his Grace Duke Hamilton and his Lordship yet the speedy Arrival of his Lordship put it out of all doubt and upon the opening of his Commission he was forthwith Declared High Commissioner for the ensuing Session and accordingly made his entrance into the Town of Edinburgh with a Magnificence suitable to that Character being attended with the Nobility and Gentry and the Kings Guards to his lodging after which Ceremonies the Council sat where his Lordship intimated His Majesties pleasure to them to issue out a Proclamation for the farther adjournment of the Parliament from the eighteenth to the twenty seventh of March instant which was by proclamation adjourn'd accordingly About this time there were four promoted to the dignity of Earls of this Kingdom viz. The Lord Mellvin created Earl of Rith Lieutenant General Dowgiass was created Earl of Dundee Sir James Dalrimple of Stair Lord President of the Sessions was made Earl of Hare and Major General Mackay was made Earl of The Lord High Commissioner with his Majesties most Honourable Privy Council about this time taking into their serious consideration how much the good and welfare of the Kingdom of Scotland depended on the unanimous and wise Counsels of the ensuing Parliament thought fit about this time to issue out their Orders for a day of Humiliation and a general Fast to be held and observed in the South parts of Scotland by all people both in Meeting Houses and Churches to send up their humble supplications and prayers for his blessing on the proceedings of the ensuing Session which was most Religiously and devoutly observ'd in all places and indeed considering the several distractions about matters of Religion in general and particularly about Church Government that had for many years by grievous fits broken out and rag'd in that Government it could not but provoke the most zealous prayers and wishes of that people for the prosperous agreement and good Resolurions of a Parliament on which they look'd as resolv'd to settle matters as they should be found most agreeable and suitable to the genius and inclination of that Kingdom The Rebels all this time received fresh disappointments every day and their Army still dwindled into small inconsiderable parties several of their Friends of Note forsook them and the promises of recruits and assistance of Arms and Ammunition fail'd them Colonel Buchan had gone for Ireland a good while agone from them and though he had promised them speedily to return with sufficient supplies yet they could hear no news of him several of the Highland Clans refus'd to joyn with them and amongst them Sir Donald mac Donald of Sclate who was a man of great interest among them Several that were making their escapes to Dublin to the late King were taken on the Coast of the North of Ireland amongst which were two Sons of the Provost of Bell of Glasgow one Forrester a Clergy-man and one Dunbar that was Gunner in the Castle of Edinburgh when it was summoned by the Estates in the Names of their Majesties King William and Queen Mary all these persons having been obnoxious to the present Government last year by their Plots and Conspiracies to disturb the peace and raise War in the Kingdom were apprehended and laid in Goal and being guarded up to Town by the Earl of Eglinton's Regiment of Horse were brought before the Privy Council and upon their promises of living peacefully hereafter and making what discoveries they could at present they were by their Lordships clemency bail'd and set at liberty The Countess Dowager of Arrol who had been apprehended and sent Prisoner to Dumbarton Castle upon an accusation of her holding Treasonable correspondence with the late King James and others their present Majesties profess'd Enemies was now also upon her petition removed to Edinburgh Castle The Lord Belcarras was bail'd out also who was one that was taken in the North with the Lord Oliphant and Auchintrat all three Roman Catholicks Thus the Government by all the mild applications and endeavours strove to reduce all parties that seem'd disaffected to the happy change that was wrought in this Kingdom or at least to leave them without excuse or complaint that may or shall afterwards be inflicted on them for their obstinacy and wicked perseverance in any of their aforesaid crimes About the latter end of this month of March and within three or four days of the time appointed by his Majesty for the Sitting of the Parliament His Majesty was pleased to signifie again by His Letter His Royal Will and Pleasure for the farther adjournment of the Parliament to the fifteenth day of April next ensuing The Letter was in substance to this purpose That the earnest desire he had of bringing all the counsels and deliberations of the Parliament to a happy close and as much to the general satisfaction as could be had prevail'd with him upon mature considerations to defer the time of their meeting for a small time until some few businesses before them were so prepar'd and some interests so adjusted and disposed as that the unity of their Counsels thereafter might be an encouragement to all good men and an utter disappointment to those who were Enemies as well to them as himself and who endeavoured nothing more than to satisfie their vain hopes by some seeming probabilities of breeding Divisions amongst them That since the urgency of his other Affairs had deprived him of the satisfaction of being himself amongst them for the present he had till a more favourable opportunity should present recommended to them the E. of Mellvill from whose good qualifications he doubted not of those methods that might remove the causes of their evils with their effects and from whose Wisdom he hoped they would find matters so prepar'd for their consideration as should bring his Subjects to that Concord and Unity in his Service as should make that Meeting be called the Happy and Healing Parliament Upon this Letter of his Majesty the Privy Council immediately issu'd their Proclamation for the adjournment of the Parliament to the time aforesaid In the mean time our Army prosecuted the Rebels with vigour and continual success and Colonel Hill was by His Majesties Commission Constituted Governour of
Innerlochy in Lochaber and until such time that Lochaber were reduced and some Fortifications rais'd for the security of the Garrison in Innerlochy he had the Government of Dunstaffage conferr'd on him he is extreamly well affected to their present Majesties and very exquisitely acquainted with all the methods and ways of the Highlanders as well as the places and it was hoped that in a little time he should be able to give as good account of them as when he was Governour there before and had there a Garrison of about eight hundred men having by his knowledg and industry reduc'd it to a regular compliance with the Laws of the Kingdom His Grace Duke Hamilton was about this time made Lord President of His Majesties Council and first Commissioner of the Great Seal the Council having by the majority of Votes put an end to some former disputes about signing Warrants of Council it being Voted now that the subscription of the President alone should in all Orders and Warrants serve as fully as if they had all Signed it The Countess of Arrol having upon the proffer of the Council Liberty upon her Parol of Honour to be any where within ten Miles of Edinburgh would not agree to it which gave a just occasion to have a guard set upon her 'T is the nature of some people to be peevish and stubborn even when they are best us'd they are uneasie in their natures and discontented for trifles and love to be clashing with Authority we have seen very lately the least dislike even of the known irregularities of the Government sufficient to give one an apprehension of being indicted for High Treason and as the sinfulness of one Reign will not nor ought to be made use of as a President for another to tread the same steps so I must be bold to say that the abuse of Mercy in this ought to be as severely prosecuted against some sorts of people as the abuse of Justice in the other The Highlanders upon the approach of the Summer season according to their usual Customs were now preparing to make incursions upon the borders and forming themselves into a body of four or five hundred made a Descent upon Strathglass and assaulted the Garrison of Erchless which was as I aforementioned kept by about two hundred or less of the Laird of Grants Regiment but by the industry courage and zeal of their old plague Sir Thomas Levinstone who commanded a considerable body of Horse and Foot at Inverness they were forc'd from a strong Hold they were possessed of routed pursued and kill'd and a considerable Booty of Cattel recovered these Rebels or rather Robbers or both seeming even from their only pretending to assert the interest of the late king to partake by way of plague of his ill Fortune Though many people were dissatisfi'd with the several adjournments of the Parliament from time to time from whose Meeting they doubted not of all the satisfaction they had so long gaped after yet now upon the certainty of His Majesties Resolutions to let them sit at the time appointed all their fears and scruples vanished in a moment it being on all hands especially confirm'd that his Grace the Lord Commissioner had full and authentick instructions from His Majesty to redress all Grievances and to settle the Church Government as it should appear most suitable to the Will of God expressed in his Word and to the inclinations and usage of the people And they were much better assured of this when at the opening of the Parliament they had fresh assurances of the same from his Majesties own hand in his Royal Letter dated at Kensington the 18th of April within a week after their Meeting Wherein he assures them That it shall be their own fault if they had not all matters of Church and State settled now upon such sure and lasting Foundations as may render them reciprocally happy in one another during His Reign and in all human probability secure from any the like encroachments they lay under for the future And now the long expected day being come the High Commissioner attended by a splendid Train of Coaches of the Nobility and Gentry and followed by His Majesties Life Guards went from the Palace of Holy Rood House about Eleven of the Clock on the Fifteenth day of April 1690. Where after the usual Ceremonies His Grace deliver'd himself in a most Elegant Speech to this effect That though the pressing Affairs of Ireland requiring His Majesties personal Expedition thither had deprived them of the happiness of his Royal presence as he intended yet such was his regard to the inclinations of the good Subjects of that his Ancient Kingdom that he would no longer delay their Meeting to the end such a settlement might be established to that Nation as might be a real security to its most valuable concerns of True Religion and Just Liberty He put them in mind of the great things His Majesty had done under God for the rescuing them by the eminent danger of his own person and fortunes from Popery and Slavery That as his own Expedition and the necessary Defence they were still to make against the remainder of their implacable Enemies were immensly chargeable so he did not doubt now of their ready concurrence in bearing their just parts in the Expence especially since they were assured that all their contributions would be expended for their own security That as at his first coming his chief aim and design was to relieve them from the oppressions they groaned under so he would be willing to pardon all those that would live peaceably and quietly in their several stations He tells them at last that nothing remains but that they laying aside all animosities and private disputes unanimously fall on to the redressing bad and Enacting good Laws to consider how the eyes of all Christendom are upon them expecting in this juncture especially mighty things from them that now it was fully in their own power to propose the surest remedies could be thought on for their future Peace and Happiness and that his most gracious Majesty was ready and willing to approve them The Earl of Crawford seconded the High Commissioner with a most florid and pious Speech wherein after he had set forth and demonstrated the wonderful works of God in his so signal delivery of them from that deluge of misery that was just breaking in upon them he earnestly presseth them to a sincere reliance on the protection of their Majesties and to evidence a true and hearty zeal for his service but above all he exhorts them to moderation in their disputes and unity in their Counsels that their Enemies may never have reason to ground their hopes on their divisions And lastly he tell them that though they have the misfortune to be at some distance from the person of His Majesty yet that he was assur'd they should ever find the influence and comfortable warmth of his favours and therefore if
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