always affectionate to the Royal Family and govern'd for many Ages by Laws made by the Authority of their Kings and of the Estates of Parliament and by common Customs is reduced to by endeavours that have been used to change the Constitution of the Monarchy Regulate by Laws into a a Despotick and Arbitrary Power which doth evidently appear not only by the actings of Evil Counsellors in Power but by the deliberate and express publick Declarations bearing that the King is an Absolute Monarch to whom Obedience ought to be given in all things without reserve thereby to make way to introduce what Religion they please without so much as the necessity of the Consent of the Nation by their Estates in Parliament Whilst We consider and ponder these things as We cannot but be touched with a tender Sense of those Miseries so the giving such Remedy to them as may be proper and may answer the expectation of all good Men and true Protestants is the great thing which We propose to our selves in this undertaking the Equity whereof will be justified to the World if what hath been acted at the instigation of those Evil Counsellors be further impartially weighed It is well known that the Laws Priviledges and Rights of the Kingdom have been overturned to the great prejudice of King and People whilst thus all Foundation of Confidence and Trust is removed And it is no less known what have been the arbitrary Procedures of an incroaching Privy Council for although by the Laws enacted by the Authority of King and Parliament it is expresly prohibited that the Popish Religion should be professed or Seminary Priests suffer'd within the Kingdom or that the Children of any Noblemen or Gentlemen should be sent'abroad to be Educated in Popish Colleges yet have these Evil Counsellors order'd or suffered young Noblemen to be taken from their Relations and to be sent abroad to be instructed in Jesuits Colleges and have likewise caused Schools to be erected under the conduct of Popish Priests and that in the Capital City of the Kingdom In an open contempt also of the known Laws of the Kingdom Papists are put into Places of highest Trust both Civil and Military and entrusted with all the Forts and Magazines The Rights and Privileges of the Royal Boroughs the third Estate of Parliament having as many Deputies in it as all the Shires in the Kingdom are taken away and they hindred in the free Election of their Magistrates and Town-Councils to the manifest Violation of their Charters Established by Law and immemorial Possession And all this is done by meer Arbitrary Power without any Citation Trial or Sentence And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice upon which Mens Lives and Liberties their Honours and Estates depend yet those Evil Counsellors have subjected these to an Arbitrary and Despotick Power having turned out Judges who by Law ought to continue during their Life or their good Behaviour because they would not conform themselves to their Intentions and put others in their Places who they believe would be more compliant and that without any regard to their Abilities by which it evidently appears that those Evil Counsellors design to render themselves the absolute Masters of the Lives Honors and Estates of the Subjects without being restrained by any Rule or Law By the influence of the same Evil Counsellors hath a most exorbitant Power been exercised in imposing Bonds and Oaths upon whole Shires without any Law or Act of Parliament in permitting Free Quarters to the Soldiers although they had a sufficient Establishment for their Pay whereby the Kingdom was doubly burthened without any redress in Imprisoning Gentlemen without any so much as alledged Reason forcing many to accuse and witness against themselves imposing arbitrary Fines frighting and harassing many parts of the Country with Intercommoning and Justice-Aires making some incur the forfeiture of Life and Fortune for the most general and harmless Converse even with their nearest Relations outlawed And thus bringing a Consternation upon a great part of the Kingdom which when Outlawries and Intercommonings went out against multitudes upon the slenderest pretexts was involved so Vniversally in that danger that those Counsellors themselves were so obnoxious as to find it necessary to have Pardons and Indemnities whilst the poor People were left to mercy impowring Officers and Soldiers to act upon the Subjects living in quiet and full peace the greatest Barbarities in destroying them by Hanging Shooting and Drowning them without any form of Law or respect to Age or Sex not giving some of them time to pray to God for mercy and this for no other reason because they would not answer or satisfie them in such Questions as they proposed to them without any Warrant of Law and against the common Interest of Mankind which frees all Men from being obliged to discover their secret thoughts Besides a great many other Violences and Oppressions to which that poor Nation hath been exposed without any hope of having an end put to them or to have relief from them And that the Arbitrary and Illegal Proceedings of those Evil Counsellors might be justified and supported such a Declaration hath been procured by them as strikes at the Root of the Government and overturns the most sacred Rights of it in making all Parliaments unnecessary and taking away all Defences of Religion Liberty and Property by an assumed and asserted Absolute Power to which Obedience is required without reserve which every good Christian is perswaded to be due to God Almighty alone all whose Commandments are always just and good These Evil Counsellors have used their utmost endeavours to abolish the Penal Laws excluding all who are Protestants from publick Trust which give too great a Check to their Designs For the accomplishing of this a Liberty hath been granted to Dissenters but such an one as that the continuance thereof is plainly insinuated to depend upon their hearty concurrence for Abolishing the above-mentioned Penal Laws the only Legal Defence of their Religion although the Dissenters have just cause of Distrust when they call to mind how some hundreds of their Ministers were driven out of their Churches without either Accusation or Citation The filling of many whole places with Ignorant and Scandalous Persons hath been one great occasion of all those Miseries which that Country for a long time hath groaned under And Dissenters have but small ground to rest on any present ease founded upon a Proclamation which may be recalled every hour and which in the first and second Editions of it gave no relief to them especially considering that not many Months before the greatest of the forementioned Severities and Barbarities had been exercised upon them But to crown all there are great and violent presumptions inducing us to believe that those Evil Counsellors in order to the carrying on of their ill Designs and to the gaining to themselves the more time for the
become them under the Present Government This Proclamation occasioned the Deprivation of several Ministers and the loss of their Livings for their contempt of the Commanding Authority And so obstinate they were in their contumacy that being cited before the Committees of the Convention and afterwards before the Privy Council many of them not onely refused to pray for King William and Queen Mary but some acknowledged that they had held correspondence and kept intelligence with Dundee Which dis-affection of the Ministers to their present Majesties was more particularly observed in the Diocess of Murray of which one Dr. Hay was Bishop a notable stickler for the late King James for which he was deprived not only of his Bishoprick but of his Benefice of Elgen In this Diocess there were some so inveterate against the Government of the Estates that when the Proclamation of the Convention came to their hands instead of reading it they were so insolent as to throw it into the fire and yet in the foregoing Reigns none so rigorous none greater persecutors of those that yielded not implicite obedience to their Impositions even to the ruin of the most worthy of their Parishioners And thus among others they served the Laird of Boody a Gentleman that never had been at Conventicle in his Life nor ever absented himself from his Parish Church if in the Country and in health Yet because his Lady who had labored long under a lingring disease which had brought her so low that she could not stir abroad was so unfortunate as not to be able to give her attendance at Divine Service the Gentleman by the Information and practises of the Neighbouring Clergy was fined in 2 Thousand pound sterling almost to the ruine of his Affairs and Family and part of the Fine as it was said bestowed upon the Scotch Colledge in Paris Nor was this dislike of the Proceedings of the Convention confined within the Clergy only there were other Malecontents that were laying the Foundations of new Commotions by holding correspondence with the late King in Ireland from whence they were in hopes of great Assistance These Machinations were in part discovered by the seizing of one Brady and Grenoch near Glasgow in his return from Ireland About him were taken several Letters and other Writings more particularly one Letter from the late King and another from the E. of Melfort to Viscount Dundee and the E. of Belcarris referring to Letters formerly Written by them and sent by one Sir Kennedy The substance of the Letters were That the late King had forty Thousand men in Ireland and that he would speedily be in a condition to send them a formidable Assistance that in the mean time he could spare them five thousand foot a hundred Horse and a hundred Dragoons desiring them withal to send an exact accompt of the Countrey and how the Gentry and people stood affected He also farther required them to summon together as many of the Bishops and Burgesses as they could to hold a Convention in his Name As for Melfort he was very crank in the Letters telling his Friends that he hoped to be merry with them once more in Scotland and to have his losses repaired out of the Estates of Forefaulters and declared that he would destroy all the Members of the Convention but as for the Commonalty he was resolved to make them Gibeonites Hewers of Wood and Drawers of Water for the Roman Catholicks the only Israelites indeed Upon reading these Letters the Lord Belcarris Lord Lochore and Lieutenant Collonel Balfore were committed to prison and others put to find good security These fruitless designs and petty strugglings of a gasping Party did but serve to make the Convention more vigilant and to hasten the settlement of the Kingdom So that the Instrument together with the Letters from the Estates to their Majesties and the Instructions to the Commissioners being by this time all ready the E. of Argyle Sir James Montgomery and Sir John Dalrimple the Commissioners were sent away Post with a Tender of the Crown to King William and Queen Mary The Commissioners being arrived at London upon the Eleventh of May met in the Council Chamber at VVhite-hall From whence being attended by most of the Nobility and Gentry then about the City they were conducted by Sir Charles Cottrell Master of the Ceremonies to the Banquetting House where their Majesties with a great Attendance of persons of Quality were prepared to receive them sitting on their Thrones under a Rich Canopy and the Sword being born before them by the Lord of Cardross The Commissioners being entered after the Ceremony of a solemn Obeysance the Earl of Argyle before he presented the Letter from the Meeting of the Estates thus delivered himself May it please your Majesty IT cannot be unknown in how sad and deplorable a Condition the Kingdom of Scotland was not many Months ago The Liberty and Property of the Subject quite destroyed either upon pretence of Law without any Ground or by such Laws as were designed and calculated for inslaving us Our Religion exposed and laid open to be ruined by the Treachery of our Clergy as well as by the complyance of our Rulers And so far had their Popish and Arbitrary designs run us that we were very nigh past hopes of a Recovery when it pleased God to raise up your Majesty to be the Glorious Instrument of Retrieving our Religion Liberty and Property from the very brink of Ruin It is from the Grateful and Dutiful sence and unexpected delivery as well as to the respect due to the blood of their ancient Monarchs that the Estates of Scotland have Commissionated us to make an humble tender to your Majesty and your Royal Consort of that Crown and Kingdom with the firm perswasion and assurance of this rooted in their hearts That the care of Religion Liberty and Property could be no where so well lodged as in the hands of your Majesties their great and Glorious deliverer After the Earl of Argyle had thus expressed himself he presented to the King the Letter following which being delivered back again by His Majesty was read by Mr. Eliot Secretary to the Commissioner purporting THat the settling of the Monarchy and ancient Government of the Kingdom admitting no delay they did upon the Eleventh of April Proclaim His Majesty and His Royal Consort King and Queen of Scotland with so much unanimity that of the whole House there was not one contrary Vote That they had nominated the Earl of Argyle Sir James Montgomery of Skelmorly and Sir John Dalrimple the younger of Stair in their Name to attend Their Majesties with the cheerful offer of the Crown and humbly to present the Petition or Claim of Right of the Subjects of the Kingdom as also to represent some things found grievous to the Nation which they humbly intreated his Majesty to remedy by wholesom Laws in the first Parliament And in Testimony of his Majesties and the Queens Acceptance they
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
the business of supernumerary Officers the draught of an Act was given into the House and read that no persons who were imployed in the late Government and were grievous to the Nation or had shown their dissatisfaction to the happy Change or had been Retarders or Obstructers of the good designs of the late Meeting should be allowed to possess or be admitted to any publick Trust Place or Employment of any kind under their Majesties within that Kingdom But this Act likewise being brought in the 26th of June met with several Remora's occasioned by certain clauses which some thought required explanation Persons who had onely shewn dissatisfaction was thought too comprehensive and severe Those who had been obstructers and Retarders of the Good design of the Estates was deemed too liable to bad construction And there were exceptions taken at the words Grievous to the Nation as being too restrictive without a farther interpretation But at length upon the second of July Explanations being added in the Statutory part to every of the clauses excepted against the Act was brought in and passed in the terms that follow The King and Queens Majesty considering that the Estates of this Kingdom have by their Vote declared their sence and opinion that such have in the former evil Government been grievous to the Nation or have shewn disaffection to the happy Change by the blessing God now brought about or have been Retarders or Obstructors of the good designs of the said Estates in their Meeting are not fit to be employed in the management of the Affairs of this Kingdom do with the Advice and Consent of the Estates in Parliament now Assembled Statute and Ordain that no persons of whatsoever rank or degree who in the said former evil Government have been grievous to the Nation by acting in the incroachments mentioned in the Articles of the Claim of Right which are declared to be contrary to Law or have shown disaffection affection to the happy Change by the Blessing of God now brought about by acting in opposition thereunto since the time that the King and Queen now raigning were Proclaim'd or who has been a Retarder or or Obstructor of the good designs of the said Estates viz. The securing the Protestant Religion the settling the Crown the establishing the Rights of the Leiges and redressing their Grievances by acting contrary to the good designs since the time they became publick by Votes and Acts of the Meeting be allowed to possess or be admitted into any publick trust place or imployment of whatever kind under their Majesties in this Kingdom But whither it were that some persons in power thought themselves too deeply within the reach of the Act or for what other cause is unknown neither would this Statute be admitted to the touch of the Royal Scepter So that instead of a Living Law it only became a dead peice of Writing Which was a surprize to many that were concern'd in the passing it as well as to several others that were zealous for the King and the Kingdoms interest that there should be men found who could spy out any thing in this Statute which deserv'd to be clamoured at or was worthy to be complained of more especially since every line breathed forth that lenity and moderation that it savoured rather of a defect then any excess of Justice and that the utmost thereby designed was only a disabling a few wicked men from ruining the Nation for the future but nothing of punishment for what they had done for that there were none excepted as to Life onely the few that were designed to be debarred from Offices were described and charactered after such a manner that the very employing them would dishonour their Majesties and disgrace the Government Then a draught of an Act was brought in for abolishing of Prelacy and all superiority of any Office in the Church above Presbytery and for the abrogating all former Statutes establishing Prelacy and all others contrary to the Act intended Reserving to their Majesties to settle the Presbyterian Government in the way most agreeable to the peoples inclinations and the Word of God Which being Read the Commissioner desired he might see the Act to consider of it against the next day The next day being the 3d. of July the same Act was Read again together with the Act of Parliament 1662. For the restoring of Prelacy with the second Act of the year 1633. and the fourth Act in the year 1681. Which were rescinded by the Act intended with some amendments in the Narrative part adjusting and fitting it to that Article in the claim of Right to which it related and the following clause was added to the rescinding part In so far Allenarly as those rescinded Acts are inconsistent with the present Act and do establish Prelacy or Superiority of Church Officers above Presbyters In the next place the Clause in the Act reserving to their Majesties and the Estates to settle the Government of the Church was taken into Consideration and it being agreed that the Word Presbyterian should be left out the Commissioner mov'd that in the room of the Words To settle the Government of the Church c. the alteration might be to settle such a Government c. upon which a debate arose upon the importance of those words which was put off till the next day Then the Act was again brought in and Read with the amendments and without the paragraph of the rescinded Acts. And after some debate concerning the Clause objected against the settling and Government of the Church being exprest in the terms following That they with the Advice and Consent of this Parliament will settle by Law that Church Governmenu in this Kingdom which is most agreeable to the Peoples Inclinations the Act was put to the Vote and Approved And then the Act ran thus Whereas the Estates of this Kingdom in their Claim of Right the Eleventh of April last declared that Prelacy and Supremacy in any Office in the Church above Presbytery is and has been a great Grievance to this Nation and contrary to the inclinations of the people since the Reformation they having reform'd from Popery by Presbyters and therefore ought to be rescinded Our Soveraign Lord and Lady the King and Queens Majesties do hereby abolish Prelacy and Superiority in any Office in the Church above Presbyters in this Kingdom and hereby rescind ease and annul the First Act of the Second Session of the First Parliament of King Charles the 2d And the Second Act of the Third Session of the Second Parliament of King Charles the 2d And the Fourth Act of King Charles the 2d and all other Acts Statutes and Constitutions in so far allenarly as they are inconsistent with this Act and do establish Prelacy or the Superiority of Church Officers above Presbyters And the King and Queens Majesties do declare That They with the advice of the Estates of this Parliament will settle by Law that Church-Government
him very uncivilly giving him very opprobrious Language and taxing him with the beggarly appearance of him and his Men whereupon Keil being provok't with a lusty Cane he had in his hand struck Lendal to the ground whereupon some other inferiour Officers made up and laying hold of Kiel they presently made him prisoner and carried him forthwith to the Main-Guard Keil being a man well known and belov'd in the Town had hundreds of the Mobile presently resorting with sticks and staves and threatning to pull down the Guard-house unless they did presently release Keil in the mean time comes up a Magistrate of the town and immediately got Keil releas'd but the Gentlemen Mobs blood being up they would not be satisfied without doing some injury to the Guard which occasioned the Souldiers to stand to their Arms and to threaten extremity to any that would dare to approach all this however would not serve but pressing on with vigorous insolence on them the Centinels were obliged to defend themselves and hapned to kill two of the daring Fellows and wounded others the Magistrates hereupon went up to the Guard and prevailed with them to go in and keep themselves close and in the mean time got two or three Companies of the Earl of Levens Regiment who were quartered in the Cannongate to come up and immediately shutting the City Gates they in a little time clear'd the streets and drove the Sparks into their Houses without further harm though they were obliged to keep Guards in many parts of the City for that Night for fear of a relapse The Captains are both of them confin'd and 't is believed he that gave the first provocation will be severely punished The Earl of Pearth had been long a Prisoner in the Castle of sterling for his high misdemeanours in the last Reign together for his disaffection to the present establishment and but now by the representation of the Earl of Crawford it was mediated that he might have his liberty provided he would procure the coming back and safe return of the young Lord Drummond his Son the Earl of Wigtown and his brother who during the Guardianship of him the said Earl of Pearth and the Earl of Melfort were sent over Seas by their especial order on purpose to be bred up in the Romish superstition and that the Earl of Pearth should give allowable security to do so as also for his peaceable behaviour without plotting or conspiring against the present Government And now at last the long expected Act for settling of the Church Government came to be passed and touch'd with the Scepter Which is at large as followeth An Act Ratifying the Confession of Faith and Settling Presbyterian Church-Government in Scotland In a Parliament at Edinburgh the 7th of June 1690. OUR Soveraign Lord and Lady the King and Queens Majesties and Three Estates of Parliament Conceiving it to be their bound Duty after the great Deliverance that God hath lately wrought for this Church and Kingdom As first To settle and secure therein the true Protestant Religion according to the truth of Gods Word as it hath of a long time been professed within this Land as also the Government of Christ's Church within this Nation agreeable to the Word of God and most condusive to the advancement of true Piety and Godliness and the Establishing of Peace and Tranquillity within this Realm And that by an Article of the Claim of Right it is Declared That Prelacy and the Superiority of any Office in the Church above Presbyters is and hath been a great and insupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished Likewise by an Act of the last Sessions of this Parliament Prelacy is Abolished Therefore their Majesties with the Advice and Consent of the said three Estates do hereby Revive Ratifie and perpetually Confirm all Laws Statutes and Acts of Parliament made against Popery and Papists and for the Maintainance and Preservation of the true Reformed protestant Religion and for the true Church of Christ within this Kingdom in so far as they confirm the same or are made in favour thereof Likewise they by these presents Ratify and Establish the Confession of Faith now read in their presence and Voted and Aproved by them as the Publick and a vowed Confession of this Church containing the sum and substance of the Doctrine of the Reformed Churches which confession of Faith is subjoyned to this present Act. As also they do Establish Ratify and Confirm the Presbyterian Church-Government and Discipline That is to say the Government of the Church by Kirk-Sessions Presbyteries Provincial Synods and General Assemblies Ratified and established by the 114 Act Ja. 6. Parl. 12. Anno 1592. Intituled Ratification of the Liberty of the true Kirk c. And thereafter received by the General consent of this Nation to be the only Government of Christs Church within this Kingdom Reviving Renewing and confirming the foresaid Act of Parliament in the whole Heads thereof except that part of it relating to Patronages which is hereafter to be taking into Consideration And Rescining Annulling and making void the Acts of Parliament following Act anent Restitution of Bishops Ja. 6. Par. 18. Cap. 2. Act Ratifying the Acts of the Assembly 1610. Ja. 6. Par. 21. Cap. 1. Act anent the Election of Arch-Bishops and Bishops Ja. 6. Par. 22. Cap. 1. Act Intituled Ratification of the five Articles of the General Assembly at Pearth Jam. 6. Par. 23. Cha. 1 Act Intituled For the Restitution and Re-stablishment of the antient Government of the Church by Arch-Bishops and Bishops Cha. 2. Par. 1. Sess 2. Act 1st Act anent the Constitution of a National Synod Ch. 2. Par. 1. Sess 3. Act 5. Act against such as refuse to Depone against Delinquents Charles 2. Par. 2. Sess 2. Act Intituled Act Acknowledging and an Asserting the Right of Succession to the Imperial Crown of Scotland Ch. 2. Par. 3. Act. 2. Act Intituled Act anent Religion and the Test Ch. 2. Par. 3. Act. 6. With all other Acts Laws Statues Ordinances and Proclamations and that in so far allenary as the said Acts and others generally and particularly above-mentioned are contrary or prejudicial to inconsistent with or derogatory from the Protestant Religion and Presbyterian Government now Established and Allowing and declaring That the Church Government be Established in the hands of and exercised by these Prebyterian Ministers who were Outed since the first of January 1661. for Nonconformity to Prelacy or not complying with the Courses of the Time and are now Restored by the late Act of Parliament and such Ministers and Elders only as they have admitted or received or shall hereafter admit or receive And also that all the said Presbyterian Ministers have and shall have Right to the Maintenance Rights and other Priviledges by Law provided to the
or distinction rescinded all its Proceedings Lastly to testifie their unparallel'd Submission and Resignation to the King's Pleasure and how that according to the usual Flattery of those times all that was dearest to them was to him surrendred although the Nation since its first restoration from Popery had in a manner continually oppos'd Prelacy and after having ejected it with the most rigid Exclusions had for many years enjoyed a Church Constitution and Ministry which at last was highly commendable for the advancing of true Knowledge and Piety and in the worst of Times appeared the fairest Bulwark of Monarchy yet out of compliance to the King's Will the Parliament consented and the People silently acquiesced in the unexpected overthrow of Presbytery and the re-establishment of Prelacy not that the consequences of the Alteration which afterward ensu'd were unforeseen but in short because that to a King so acceptable to them and to whom they had already given all things they could refuse nothing This was the Posture of Affairs in Scotland soon after the Restauration of Charles II. at what time the Earl of M. was the first who was honoured with the King's Commission wherein he bestirred himself with extraordinary vigour but over-hastning as the Cause is given and over-prizing his Work he render'd himself at length obnoxious so that upon the mutual Jealousies between the Duke tho then but Earl of L. whom he caus'd to be sentenc'd uncapable of publick Trust L. got the Advantage and managing it personally at Court by a crafty insinuation of the Earl of M's Disdain of his unworthy Practices which perhaps at that time were thought good Services at Court in a short time prevailed to M's Overthrow and shaping a course less obnoxious to Envy obtain'd his Commission to be given to the Earl of Rothes whom L. accompanied from Court into Scotland in order to concluding the Parliament then sitting In the last Sessions of which Parliament it was that by L's Industry an humble Tender was made of Twenty Thousand Foot and Two Thousand Horse to be in readiness as they should be call'd for by the King to march to any part of his Dominions of England Scotland or Ireland for the suppressing of any Foreign Invasion Intestin Trouble or Insurrection or for any other Service wherein the King's Honour Authority or Greatness might be concern'd which though it were look'd upon as too superfluous in the Expression and too suspitious in the Distinctions yet such was the Style and Humour of those times as easily shrowded it from particular notice But what L. who was the chief Contriver of it intended by it succeeding time sufficiently discover'd For now the Parliament being Dissolv'd the new-erected Bishops finding themselves so numerously guarded and Authoriz'd by the Laws so lately made drave on like Jehu's during the years 64 65 and 66. inforcing Conformity at such a rate that in all probability had not the Earl of Twedale and Sir Robert Murray stept in for the Relief of the oppressed Dissenters the whole Kingdom might have been reduced to great extremities through the Tumults excited and Tragedies acted in those years In the year 1669. L. himself was made the King's Commissioner a Grandeur which he had long aim'd at from the Date of which Commission the Scots are said to calculate the date of all the ensuing mischiefs that caus'd the same Revolution in that Kingdom as in England For having undertaken to make the King's Power Absolute and Arbitrary in Scotland he strain'd the Royal Prerogative to all the Excesses imaginable Coming therefore into Scotland he assum'd to himself a lawless Administration of Affairs which no doubt was readily granted him to exercise upon the large Promises he had made and apprehending more the controul of other Men's Officious medling then distrusting his own Abilities he took particular care and caution to make himself his Majesties Sole Informer as well as his Sole Secretary and by that means not only upon pretence of the King's Prerogative the Affairs of Scotland were dispos'd of in the Court of England without any notice taken of the King's Council in Scotland but strict Observation was also made of all Scottishmen that came to the English Court and to attempt an Addsess or Access to his Majesty otherwise then by L's means was to hazard his perpetual Resentment By these ways he made himself the only significant person of the whole Scottish Nation and in Scotland it self procured to himself that Sovereign Authority as to name the Privy Counsellors to place and remove the Lords of the Session and Exchequer to grant Gifts and Pensions to levy and disband Armies to appoint General Officers and to transact all matters of Importance as he thought good to advise and direct Nor was he less industrious in minding his own Business which was to inrich Himself his Kindred and Favorites and where the Law gave any stop the Kings Prerogative made way In all which as there is a necessity to make use of Force and Violence to which Law must of necessity yield those breaches of the Law were attended with most violent Oppressions of the People Monopolies and Rapes upon their Priviledges and other dreadful Miseries the Concomitants of Tyrannic Rule which occasioning loud Complaints without redress drive the Oppressed to Insurrection and Rebellion many times wish'd for by some Tyrants that they may have an opportunity to destroy Insomuch that the Rebellion which was quell'd at Bothwel-Bridge was deem'd to be a piece of L's Matchiavilianism having by his cruel Oppressions of those People drawn them to seek their own Redress to the end they might be ruin'd by their ill Success which the severity of their Persecution after the Defeat sufficiently justified In short The chiefest and most deserving Glories of L's Administration as they were represented to the King were Ignorant and insufficient Judges for the most part a light and base Coyn imposed upon the Nation Gifts of Wards and Marriages General Gifts of the Pains of Penal Statutes the Accumulation of Great Offices upon single Persons and those of no Merit Gifts of the Reversions of Offices Invasions upon Liberty and Property by the procuring of private Letters unnecessary long and frequent Adjournments of Parliament mismanagement and profusion of the Revenue and the excessive greatness of a State-Minister to the exclusion of all others from free Application to the King by some of which he did the Kings by others his own and his Friends Business tho the People suffered all this while But that which L. most valu'd himself upon was his obtaining a Confirmation of the Kings Supremacy over all Persons and in all Causes within the Kingdom of Scotland and by vertue of that Act the ordering of the External Government and Policy of the Church as properly belonging to him and his Successors and the procuring a new Act of Militia ordaining that all Persons that should be therein enroll'd should be particularly reserv'd for that Employment and
in the Garison prevailed which hastened the surrender Windram in the hurry was endeavouring to have made his escape but being discovered was brought back to the Castle for which he had no small reason to bless his kind Stars for that if he should have fallen into the hands of the Rabble in all probability they would have torn him to pieces every body looking upon him as the cause that the Castle held out so long and of all the mischiefs that hapned during the Seige It was also reported that the Duke of Gourdon after the surrender of the Castle solemnly declared that during the time of the Siege he never received any Letter from the late King During this Blokade and siege of the Castle many affairs were transacted and brought to perfection in Order to the settlement of the Government Among other things the Convention appointed a Committee to draw up an Answer to the King of Englands Letter which being done and the draught of it being read and approved of by the House it was signed by all the Members that were present except three Bishops the rest of the Bishops having before withdrawn themselves from the Convention And as for some others that were not present the Duke of Queensbury the Marquiss of Athol and the Earl of Tweddale desired that the Letter might be sent to their Lodgings to be signed in regard their indisposition of body would not permit them to come to the House But though the three Bishops refused to approve of the Letter the day before yet the next day they agreed that the Lord Ross should be the bearer of it to present it to the King of England At what time the Question being put whi Sir Patrick Hume of Polwart might be admitted a Member of the House notwithstanding his Attainder the three Bishops left the House so that after they had unanimously Voted that Sir Patrick was duly chosen and ought to sit as a Member of the Convention the House were forced to rise that Night without prayers This refusal of the Bishops to approve of the Letter occasion some of the Members to call to mind a passage when the Bishops in the beginning of the Convention vigorously opposed the Convention's approving of the Address of the Nobility and Gentry at London to His Highness the Prince of Orange upon which one of the Members made this Observation That it was no wonder the Bishops opposed the approving the London Address and refused to sign the Letter to the King of England since the House had been so unkind as not to approve of the Bishops famous Address to the late King James The Paper being therefore agreed upon without their consent the Lord Ross was made choice of to deliver to the King It was called an Answer of the Convention of Scotland to the King of England's Letter in these Words May it please your Majesty AS Religion Liberty and Law are the dearest Interests of Mankind so the deep sence of the great hazzards these were exposed to must produce sutable Returns from this Kingdom to your Majesty whom in all sincerity and gratitude we acknowledge to be under God our great and seasonable Deliverer And we heartily congratulate that as God has honoured your Majesty to be an Eminent instrument for the preservation of his Truth so he hath rewarded your endeavours with success and blessed us with deliverance We do likewise acknowledge your Majesties Goodness and care in accepting the Administration of the Publick Affairs of this Kingdom and calling the Estates and we return our most dutiful Thanks to your Majesties Gracious Letter We intend to take every part of it into our consideration and we hope shortly by the Blessing of God to fall upon such Resolutions as may be acceptable to your Majesty and may secure the Protestant Religion and establish the Government Liberties and Laws of the Kingdom upon solid Foundations most agreeable to the interest and genius of the Nation As to the Proposal of the Vnion we doubt not but your Majesty will so settle that matter that there may be an equal Meeting and readiness in the inclination of England We hope the perfecting that great work so often attempted in vain hath been reserved to your Majesty We have hither and shall avoid and lay aside all Animosities or Prejudice which may disturb or impede the Vnity and Considence of our Counsels that as we design the publick good so it may be done with the General Concourse and Approbation of the Nation In the mean time we humbly intreat the Continuation of your Majesties Care and Protection to us in all our Concerns whereof the Kindness expressed in your Royal Letter gives us full Assurance We do pray the Almighty God who has fitted and raised you up to be a Defence to the Protestant Religion always to protect and preserve your Majesty Subscribed in our Name the Estates of the Kingdom of Scotland by our President Hamilton This Answer being thus dispatched away for England the Convention judging it most necessary in the first place to secure the Peace of the Kingdom against all attempts of the dis-affected Party and Favourers of the late Kings Arbitrary designs gave order to Sir John Hall Mr. George Stirling and Mr. William Hamilton or any two of them to see the Oath Administered to such as had any Military office in and about Edinburough and to bring in an Accompt of such Arms as were in the several Garrisons And whereas several persons were seen coming Arm'd from the Borders of England therefore the respective Magistrates and Officers of the Militia in the Bordering Counties were ordered to seize such persons in Arms until they gave a good accompt of their business or if they could give no good accompt of themselves that the Magistrates or Officers who should seize such persons should have their Horses and Arms for their Reward At the same time also they gave their approbation of an Order given by the Earl of Tweddale in January to William Drummond for the delivery of Forty barrels of Powder to Mr. Hamilton Merchant of London-derry for the use of the Protestants in Ireland and ordered farther that the President should have power to dispatch such persons as he should judge necessary either for Ireland or such other places as the Present exigency of affairs required Nor were they less vigilant in giving out their Commands for the securing all suspected Persons and keeping of strong Guards in Sea-port Towns and at all the Bridges Ferries and other Passes throughout the Kingdom With these debates fell in at the same time a long consultation about giving Orders in reference to the Militia which took up some time for the naming of Trusty Officers and appointing places for the Musters within the several Counties and care was taken to provide that the Souldiers at those Musters should continue six dayes together in the exercise of their Arms and after that should be ready to march upon
the whole Town-Council and Clerks contrary to their Liberties and Express Charters without the pretence either of Sentence Surrender or Consent and the Commissioners in Parliament being chosen by these Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament and many of the said Magistrates put in by him were avow'd Papists and the Burroughs forc'd to pay Money for Letters imposing these Illegal Magistrates upon them 14. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine dic to determine Causes but also ordering them and Commanding them how to proceed in Causes depending before them contrary to the express Laws and by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance with Arbitrary Courses and turning them out of their Offices when they did not comply and particularly those who in Parliament opposed the abrogating the Laws made for security of the Protestant Religion 15. By granting personal Protections of Civil Debts contrary to Law notwithstanding the Representation of the Privy Council to the contrary The said Reasons upon reading were debated one by one which being done the following Declaration as it was prepar'd and voted by the Grand Committee was also read to this effect That the Estates of the Kingdom of Scotland did find and declare That King James the Seventh being a Profest Papist did assume the Royal Power and acted as King without ever taking the Oath requir'd by Law And had by the Advice of wicked and evil Counsellors invaded the Fundamental Constitutions of the Kingdom and alter'd it from a Legal Limited Monarchy to an Absolute and Despotick Power and had exercis'd the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Nation inverting all the Ends of Government whereby he had forefaulted the Right of the Crown and the Throne was become Vacant The foregoing reasons and this Declaration being thus read and consider'd were approved by the whole Convention except Twelve of which number seven were Bishops being all that were present Which being done a Vote passed that an Act should be brought in by the Committee for settling the Crown upon William and Mary King and Queen of England and to consider the Terms of the Destination of the Heirs to the Crown as also to prepare an instrument of Government to be offered with the Crown for securing the people from the Grievances of the last Reigns When all the business of the day was over one of the Bishops offered to say Prayers according to Custom Upon which it was moved that King James being then no longer King of Scotland that the Bishop should be admonished not to pray for him at his peril Which the Bishop observing to avoid the incurring a penalty very discreetly said only the Lords Prayer and so the House adjourned The Convention having made this Progress the Grand Committee for settling the Government were ordered to proceed in perfecting the instrument which was set on foot for that purpose containing a Claim of the Peoples Rights and a Representation of such Grievances as were thought proper to be redressed In the mean time a Proclamation issued forth for the Declaring William and Mary King and Queen of England to be King and Queen of Scotland and accordingly upon the Eleventh of April the same day that they were Crowned in England they were Proclaimed at the Market-Cross in Edinborough with all the joy and sincerity that could be exprest The Proclamation ran in this Form WHereas the Estates of the Kingdom of Scotland by their Act of the Date of these Presents have Resolved that William and Mary King and Queen of England France and Ireland be and be declared King and Queen of Scotland to hold the Crown of Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Regal power be only in and exercised by the said King in the name of the said King and Queen during their Joynt Lives As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the offer of the Crown to the said King and Queen they do Statute and Ordain That William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Market Cross of Edinborough by Lion King at Arms or his Deputy his Bretheren Heralds Macers Pursevants and at the head Burghs of all the Shires Stewarties Baillaries and Regalities within the Kingdom by Messengers at Arms. And because the States did not think it sufficient to Proclaim William and Mary King and Queen of Scotland unless the Authority of James the seventh were quite abolished in that Kingdom they put forth another Proclamation against the owning of the late King J. withall commanding public Prayers to be said for King William and Queen Mary to this effect That the Estates of the Kingdom of Scotland having Proclaimed and Declared William and Mary King and Queen of England France and Ireland to be King and Queen of Scotland They have thought it also fit by publick Proclamation to certifie the Subjects̄ that none did presume to own or acknowledge the late King James the seventh for their King nor obey accept or assist any Commissions or Orders that might be emitted by him and that none did presume upon their highest peril by word writing in sermons or in any other manner or way to impugn or disown the Royal Authority of William and Mary King and Queen of Scotland But that all the people should render their dutiful obedience to their Majesties and that none should presume to misconsture the Proceedings of the Estates or to create jealousies or misapprehensions of the Actings of the Government but that all the Ministers of the Gospel within the Kingdom should publicly Pray for King William and Queen Mary as King and Queen of the Realm And the Estates did farther require the Ministers within the city of Edinborough to read the Proclamation publickly from their Pulpits upon the next Sunday being the 14th Instant at the end of their forenoons Sermon And the Ministers on this side of the river Tay to read the same upon the Sunday after that being the 21th instant and those be North Tay upon the 28th of April under the pain of being deprived and losing their Benefices Discharging withall the Proclamation of the Council dated Septemb. 16th 1686. to be read any more in Churches And the Estates did also farther prohibit and discharge any injury to be offered by any person whatsoever to any Minister of the Gospel either in Churches or Meeting Houses who were presently in the Possession and exercise of their ministry there they behaving themselves as
besought their Majesties in the presence of the persons by them sent to swear and sign the Oath at the same time presented which the Law had appointed to be taken by their Kings and Queens at their Entry to their Government till such time as the Great Affair should allow that kingdom the happiness of their presence in Order to Their Coronation That they were most sensible of His Majesties Kindness and Fatherly care in both his Kingdoms in promoting their Union which they hop'd had been preserv'd to be accomplish'd by him that as both Kingdoms were united in one Head and Soveraign so they might become one Body Politick one Nation to be represented in one Parliament And to testifie their Readiness to comply with the King in that matter they had nominated Commissioners to treat the Terms of one entire and perpetual Union betwixt the two Kingdoms with reservation to them of their Church Government as it should be establish'd at the Time of the Union Which Commissioners waited onely for His Majesties Approbation and Call to meet and treat with the Commissioners to be appointed for England at what time and place His Majesty should appoint And that if any difficulty should arise upon the Treaty they did on their part refer the determination thereof to His Majesty Moreover that they did assure themselves from His Majesties Prudence and Goodness of a happy conclusion to that Important Affair so that the same might be agreed to and ratified by His Majesty in the first Parliament That they did render likewise to His Majesty their most Dutiful thanks for his gracious Letter brought them by the Lord Râ—ss a Person well affected to his Service and for his Princely care in sending down those Troops which might in the mean time help to preserve them and when the season offer'd might be imploy'd toward the Recovery of Ireland from that deplorable Condition and extream danger to which the Protestants were expos'd Farther That as it was the Interest of England to contribute to secure Scotland from the Common danger so they should not be wanting on their parts to give their Assistance for the reducing of Ireland that all Their Majesties Kingdoms might flourish in Peace and Truth under the Auspicious Influence of their Happy Reigns The Letter of which this was the full substance being thus read the Instrument of Government or the Claim of Right together with the Paper of Grievances which the Estates desired might be redressed and which were afterwards added to the Instrument were presented to the King and being deliver'd back by his Majesty were read in Order by the Secretary Which Instrument of Government imported That whereas James the Seventh being a professed Papist did assume the Regal Power and act as a King without ever taking the Oath required by Law whereby every King at his Access to the Government was oblig'd to swear to maintain the Protestant Religion and to Rule the People according to the Laudable Laws and by the Advice of wicked Counsellors did invade the Fundamental Constitutions of the Kingdom of Scotland and alter'd it from a Legal limited Monarchy to an Arbitrary and Despotick Power and in a publick Proclamation asserted an Absolute power to annul and disable all Laws particularly by arraigning the Laws establishing the Protestant Religion and exerted that Power to the subversion of the Protestant Religion and to the Violation of the Laws and Liberties of the Kingdom By erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also converting Protestant Chappels and Churches to Publick Mass-Houses contrary to the express Law against saying and hearing of Mass By allowing Popish books to be printed and disâ—â—â—sed by a Patent to a Popish Printer designing him Printer to his Majesties Houshold Colledge and Chappel contrary to Law By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists and bestowing Pensions on Priests to pervert Protestants from their Religion by offers of Places and Preferments By disarming Protestants while at the same time he employ'd Papists in Places of greatest Trust both Civil and Military c. and intrusting the Forts and Magazines in their Hands By Imposing Oaths contrary to Law By exacting Money without consent of Parliament or Convention of Estates By Levying and keeping up a standing Army in time of Peace without consent of Parliament and maintaining them upon Free Quarter By employing the Officers of the Army as Judges throughout the Kingdom by whom the Subjects were put to death without Legal Trial Jury or Record By imposing â—â—orbitant Fines to the value of the parties Estates exacting extravagant Bail and disposing Fines and Forfeitures before any Process or Conviction By imprisoning Persons without expressing the Reason and delaying to bring them to Trial. By causing several persons to be prosecuted and their Estates to be forfeited upon stretches of old and forfeited Laws upon weak and frivolous pretences and upon lame and defective Proofs as particularly the late Earl of Argyle to the Scandal of the Justice of the Nation By subverting the Rights of the Royal Burroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to their Liberties and express Charters without any pretence of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament Besides that many of the Magistrates by him put in were Papists and the Burroughs were forc'd to pay Money for the Letters imposing those Illegal Magistrates upon them By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop sine die but also commanding them how to proceed in cases depending before them contrary to the express Laws and by changing the nature of the Judges Patents ad vitam or Culpam into Commission de bene placito to dispose them to a complyance to Arbitrary Courses and turning them out of their Offices if they refus'd to comply By granting personal Protections for Civil Debts contrary to Law All which were Miscarriages of King James utterly and directly contrary to the known Laws Freedoms and Statutes of the Realm of Scotland Upon which Grounds and Reasons the Estates of the Kingdom of Scotland did find and declare That King James the Seventh being a profest Papist did assume the Regal Power c. as at the beginning whereby he had forfeited the Right of the Crown and the Throne was become vacant Therefore in regard his Royal Highness then Prince of Orange since King of England whom it pleas'd God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power by advice of several Lords and Gentlemen of the Scotch Nation then at London did call the Estates of this Kingdom to meet upon the Fourteenth of March last in order to
such an Establishment as that their Religion Laws and Liberties might not again be in danger of being subverted The said Estates being at that time assembled accordingly in a full and free Representative of the Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid did in the first place as their Ancestors in the like Cases had usually done for the Vindicating and Asserting their Ancient Rights and Liberties declare That by the Law of Scotland no Papist could be King or Queen of the Realm nor bear any Office whatever therein nor that any Protestant Successor could exercise the Regal power till he or they had sworn the Coronation Oath That all Proclamations asserting an Absolute Power to nul and disable Laws in order to the Erecting Schools and Colledges for Jesuits converting Protestant Churches and Chappels into Mass-Houses and the allowing Mass to be said That the allowing Popish Books to be printed and dispersed was contrary to Law That the taking the Children of Noblemen Gentlemen and others and keeping them abroad to be bred Papists the making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the seducing Protestants from their Religion by offers of places and preferments was contrary to Law That the disarming of Protestants and the employing Papists in the greatest places of Trust both Civil and Military c. was contrary to the Law That the imposing an Oath without Authority of Parliament was contrary to Law That the raising of Money without consent of Parliament or Convention was contrary to 〈◊〉 That the imploying Officers of the Army as Judges c. was contrary to Law That the Imposing Extraordinary Fines c. was contrary to Law That the Imprisoning of persons without expressing the Reasons c. was the same That the prosecuting and seizing Mens Estates as forfeited upon stretches of old and obsolete Laws c. was contrary to Law That the nominating and Imposing Magistrates c. upon Borroughs contrary to their express Charters was the same That the sending Letters to the Courts of Justice ordaining the Judges to desist from determining of Causes and ordaining them how to proceed in Causes depending before them c. was contrary to Law That the granting of personal protections c. was the same That the forcing the Subjects to depose against themselves in Capital Causes however the punishment were restricted was contrary to Law That the using Torture without Evidence or in Ordinary Crimes was contrary to Law That the sending of an Army in a Hostile manner into any part of the Kingdom in time of peace and exacting Locality and free Quarter was the same That the charging the Subjects with Law-burroughs at the Kings instance and imposing Bonds without Authority of Parliament and the suspending Advocates for not appearing when Bonds were offer'd was contrary to Law That the putting Garrisons into private Mens Houses in time of Peace without Authority of Parliament was Illegal That the Opinions of the Lords of the Sessions in the two Cases following were Illegal viz. That the concerting the demand of supply for a forefaulted person although not given was Treason 2. That persons refusing to discover their private thoughts in Relation to points of Treason or other mens Actions are guilty of Treason That the fining Husbands for their Wives withdrawing from Church was Illegal That Prelacy and Superiority of any Office in the Church above Presbyters is and has been a great and unsupportable burthen to this Nation and contrary to the Inclinations of the Generality of the people ever since the Reformation they having reform'd Popery by Presbytery and therefore ought to be abolish'd That it is the Right and Priviledge of the Subject to protest for remedy of Law to the King and Parliament against Sentences pronounc'd by the Lords of the Sessions provided the same do not stop Execution of the said Sentences That it is the Right of the Subject to Petition the King and that all Prosecutions and Imprisonments for such petitioning are and were contrary to Law Therefore for the redress of all Greivances and for the amending strengthening and preserving the Laws they claim'd that Parliaments ought to be frequently call'd and allow'd to sit and freedom of Speech and Debate allow'd the Members And then they farther claim'd and insisted upon all and sundry the premises as their undoubted Rights and Liberties and that no Declarations or Proceedings to the prejudice of the people in any of the said premisses ought in any wise to be drawn hereafter in Example but that all Forfeitures Fines Loss of Offices Imprisonments Banishments Prosecutions Persecutions and Rigorous Executions be consider'd and the Parties redress'd To which demand of their Rights and redress of their Grievances they took themselves to be encouraged by the King of England's Declaration for the Kingdom of Scotland in October last as being the only means for obtaining a full Redress and Remedy therein Therefore Forasmuch as they had an intire Confidence that His Majesty of England would perfect the Deliverance so farre advanced by him and would still preserve them the violation of the Rights which they had asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland had resolved That William and Mary King and Queen of England be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom to them the said King and Queen during their Lives and the longest Liver of Them and that the sole and full Exercise of the Power be onely in and exercis'd by him the said King in the Names of the said King and Queen during their Lives And after their decease that the said Crown and Royal Dignity of the said Kingdom be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body which also failing to the Heirs of the Body of the said William King of England And then withal they pray'd the said King and Queen to accept to same accordingly It was also declar'd by the Instrument that the Oath hereafter mention'd should be taken by all Protestants by whom the Oath of Allegiance or any other Oaths and Declarations might be required by Law instead of it and that the Oath of Allegiance and all other Oaths and Declarations should be abrogated The Oath was but short and conformable to that which was prescrib'd in England I A. B Do sincerely promise and swear That I will be faithful and bear true Allegiance to Their Majesties King William and Queen Mary So help me God So soon as the Secretary had done reading the Instrument an Address was also read from the Estates of Scotland Humbly desiring His Majesty That for the farther settling and securing the Protestant Religion the Government Laws and Liberties of that Kingdom and redressing the Grievances represented by them His
in this Kingdom which is most agreeable to the inclinations of the People This Act was touched with the Scepter the 12th of July There was also another Act which had been made by another Parliament of K. Charles the 2d in the year sixty nine whereby the Parliament did enact assert and declare that the supream Authothority and Supremacy over all persons and in all Ecclesiastical causes within the Kingdom of Scotland by vertue of which the ordering and disposal of the external Government of the Church was properly lodged in the King and His Successors as an inherent Right to the Crown This was lookt upon to be such a Law that never any Law before gave a greater power to a Prince and the ill use of it in the Execution of King Charle's power by the Bishops of Scotland and by King James in claiming by it a power to introduce Popery made it so terrible to the Generality of the Scotch Nation that after the Estates had numbered it among the Chief of their Grievances the Parliament past an Act immediately after that for abolishing Prelacy whereby they declared That the first Act of the second Parliament of King Charles the 2d Intitled An Act asserting His Majesties Supremacy over all persons and in all causes Ecclesiastical was inconsistent with the Establishment of the Church Government then desired Therefore their Majesties with the Advice and Consent of the Estates in Parliament did thereby rescind abrogate and annul the foresaid Act and declared the same in all the Heads Articles and Clauses thereof to be of no force or effect in all time coming But notwithstanding this Act past without any contradiction yet was it never touched with the Scepter Which was the more wondred at in regard his Majesties instructions were express to his Commissioner in these words You are to pass an Act establishing that Church Government which is most agreable to the Inclinations of the people rescinding the Act of Parliament 1669. and all other Acts inconsistent therewith There were two great things more in Agitation during this Session the one was the settling of the Church Government since Presbytery was abolished and the other about admitting the Lords of the Session and Electing the President of the Colledge of Justice As to the first there were two draughts brought into the House and form'd into Acts for the consideration of the whole Parliament the One by the Lord Commissioner himself and the other by the Lord Cardross The first which was presented by the High Commissioner the 22th of July ran in these Words For as much as the King and Queens Majesties and the Estates of Parliament by their Act of the first of July Instant Abolishing Prelacy c. did declare That they would settle that Church Government which is most agreeable to the Inclinations of the People and considering that Church Government by General Provincial and Presbyterial Assemblies with the Sessions of the Kirk as it was established by the first Act of the twelfth Parliament of King James the sixth holden in June 1592 is most agreeable to the Inclination of the people Therefore the King and Queens Majesties with the Advice and Consent of the Estates of Parliament revive and renew the said Act of Parliament in all the Heads Poynts and Articles thereof with this express Declaration That the Necessity of Occasional Assemblies be first represented to His Majesty by humble Supplication And Statute and ordain That it shall be lawful for the Presbyters of this Church to admit Ministers upon presentation from the lawful Patrons or Jure de voluto which shall happen hereafter or into Churches which fall not under Patronages but were Mensal and Patrimonial Churches belonging to the Bishops and ordain all Ministers in this Kingdom to submit and conform to the Church Government established by the foresaid Act and to take the Oath of Allegiance under the pain of being deprived of their Churches and losing their Benefices And it is declared That all Ministers that shall submit and conform to the foresaid Church-Government and take the Oaths of Allegiance without being oblig'd to take any other Oath shall enjoy their Churches and Benefices c. in such manner and as freely as they ought or might have done before by the Act in the Year 1592. and to do all and every thing which before pertain'd to Presbyters and were exercised by Bishops except for Scandal or Insufficiency But in regard there were several Ministers deprived of their Benefices since the Year 1662. for not conforming to Prelacy and others since the Year 1681. for not taking the Test Therefore seeing that now Prelacy is abolished and all Acts relating thereto it is but reasonable that those Ministers should be restored Therefore the King and Queens Majesties with the advice c. Ordain the said Ministers c. to be restored And the King and Queens Majesties and Estates declare That they will take care to provide those Ministers now serving the Cure at the said Churches with other Benefices as occasion shall offer they submiting and confirming c. And it is farther declared that Intrants to the Ministry shall not be obliged to take any other Oaths at their admission then that of Allegiance and the Oath de Fideli And in regard that many Confusions and Scandalous Schisms have happened by Ministers meddling in Matters of State Their Majesties with advice c. do hereby discharge all Ministers of the Gospel to meddle with any State Affairs under pain of being held dis-affected to the Government and to be proceeded against accordly And declare That the Jurisdiction of the Church consists onely in Preaching the Word of Jesus Christ correcting of ill Manners by Ecclesiastical Censures and administration of the Sacraments conformable to the 69th act of James 6. Parliament 6. And to prevent that nothing be treated in the Church Judicatories that concern affairs of State or Civil matters it is declared that their Majesties if they think fit may have always one present in all the Provincial and Presbyterial Assemblies as they have their Commissioner present in General Assemblies to inhibit the proceeding in any such affairs if it should be offered at until their Majesties and Privy Council be first acquainted therewith And for that there are many things to he settled in relation to the Discipline of the Church c. their Majesties declare that they with the advice c. will enact such Rules as shall tend most to the curbing Vice and advancement of true Piety and Religion and the preservation of Peace and Vnity Their Majesties also with the advice c. rescind and annul the 1. Act of the 15. Parl. of King James the 6. for Prelates voting in Parliament and the 2. Act of the 18. Parl. of K. J. 6. for the Restor of Bishops the 8. Act of 19. Parl. of K. J. 6. about the Chapter of St. Andrews The 6. Act of 20. Parl. of K. J. 6. concerning the
December his Holiness was burnt in a true orderly manner by the Students themselves marching with their Swords in their Hands every Classis under their particular Captain and the College Mace carry'd before them by the Under-Porter bare the Haut-boys playing all the while besides the Honour which the Privy Council and City Magistrates did them to be Spectators of their Show But in the attempt of the Multitude the next day upon the Abby which is the Kings House wherein there was at that time a Popish Chappel they had at first but course Entertainment For the Chancellor of Scotland tho he found Edinborough too hot to hold him yet such was his Kindness being himself a Papist for the Popish Relicks which he left behind that he gave particular order to one Captain Wallace to defend the Abby with his Company which the Captain with a true Papistical Zeal readily undertook to do So that when the Boys went thither tho without any other Arms then their Links and Battoons upon their pressing too close upon him the Captain ordred his Men to let fly among 'em so that many were wounded and some died of their Wounds Of which complaint being made to the Council they sent six Heralds to command Wallace and his Men to lay down their Arms and surrender themselves and the Guard of the Place to the Magistrates of the City But the Heralds were answer'd in the same Language with the Boys Thereupon the Council ordred a sufficient number of the Train'd Bands to remove him by force who accordingly fell upon Wallace and constrain'd both him and his Men to betake themselves to flight And then it was that the Boys to revenge the loss of their Mates broke in pell-mell into the Abby and burnt all that they found in the Chappel fir'd the Jesuites College the Popish Printing-House the Abby Church and in a word all that they found in the Papists Houses in the Suburbs and Cannigate sparing nothing but what was purloyn'd away by such as bore them Company with a design to plunder During these Extravagances in Edinborough the Chancellor of Scotland had withdrawn himself to Castle-Drummond but not thinking himself safe there he resolv'd for France and with that resolution with all the secresie imaginable himself in Womans Habit and his Wife in Mans Apparrel upon the 10th of December got on board a Vessel bound from the Frith of Castle-Drummond and was just under Sale with a fair Wind. At what time a certain Person on Horse-back riding by Kirkalden where the Seamen us'd to walk call'd to them and inform'd them That there was a good Prize in the Ship which they saw under Sale meaning the Chancellor of Scotland Thereupon about six and thirty common Sea-men commanded by one Wilson that had been a Buccaneer in Jamaica furnish'd themselves with Muskets and having got a light Boat without any Provision only a little Brandy and without any otder from any Magistrate set sail immediately and coming up with the Ship that Night boarded her and enquir'd for the Chancellor who was at first denied to be in the Ship but after some little search they found Him and his Lady in the disguise already mention'd Upon which they brought the Ship back and carry'd the Prisoners together with one Nicholson a Priest and Regent of the Colledge at Glasgow to the Prison of Kirkaldy from whence the Council order'd the Chancellor to be remov'd to Sterling Castle The face of Affairs being thus alter'd in Scotland as well as in England there was only a Council of the prime Persons of that Kingdom to watch over the safety of the Nation at such a Ticklish Conjuncture Nevertheless they took care that several Personages of the highest rank in the Kingdom of Scotland and most eminent for their Zeal for the Protestant Religion should be in a readiness in England to make their Address to the most Excellent of Princes his Highness the Prince of Orange so soon as he arriv'd in London This was the least Deference that could be expected they should give to a Prince who by a particular Declaration to the People of that Kingdom had signify'd his Resolutions to be no less careful to restore the Laws and Liberties of Scotland and to maintain the Protestant Religion there then he was to pursue the ends of his Declaration to the people of England Nor is the recital of that Declaration to be here omitted as being so full and generally satisfactory to all the good People of Scotland that there was nothing more welcom to their Ears nor any thing next under God wherein they more entirely placed the Assurances of their Deliverance more espcially when they saw it attended with an armed Force under the Conduct of Prudence and Fortitude to make it good The Declaration it self ran thus The Declaration of His Highness William Henry by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms for preserving of the Protestant Religion and for Restoring the Laws and Liberties of the ancient Kingdom of Scotland IT is both certain and evident to all men that the publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs established by the Lawful Authority in it are openly Transgressed and Annulled More especially where the alteration of Religion is endeavoured and that a Religion which is contrary to Law is endeavoured to be introduced Vpon which those who are most immediately concerned in it are indespensably bound to endeavour to preserve and maintain the Established Laws Liberties and Customs and above all the Religion and Worship of God that is Established amongst them And to take such an effectual care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights Which is so much the more necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact Observation and Maintenance of these their Laws Libertie and Customs Vpon these grounds it is that We cannot any longer forbear to declare That to Our great Regret We see that those Counsellors who have now the chief Credit with the King have no other Design but to overturn the Religion Laws and Liberties of those Realms and to subject them in all things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect ways but in such an open and undisguised manner that their Designs are now become visible to all that consider them And indeed the lamentable Effects of an Arbitrary Power and of Evil Counsels are so manifest in the deplorable State of the Kingdom of Scotland that both our Reason and Conscience do prompt us to an Abhorrence of them For when We consider the sad Condition of that Nation though
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
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
altogether precarious and answerable to the Lowness of his Condition only like a plant at the latter end of Autumn putting forth some fruitless Buds of vain Assurances So that as the one altogether slighted it so those that were most inclin'd to favour it were altogether out of Countenance to see the Vanity of such an unseasonable Secretary Rhetorick A Committee therefore was appointed to draw up an Answer to the King of England's Letter but no man so much as mov'd for an Answer to that of King James onely the Man that brought it beg'd a Pass to go to him in Ireland where he landed the Twelfth of March at the Port of Kingsale the Messenger offering Security not to carry to him any Letters or Papers from any Person whatsoever But neither would that be granted on the other side he was first secur'd then enlarged upon Bail till at length not thinking him worth the keeping they dismissed him with a Pass instead of an Answer Nor indeed could King James expect better if he may be thought to hope for better who had no more significant a Messenger to send to a Convention of Estates of a Kingdom than something like a Gentleman Usher to his Queen While the Answer to His Majesties Letter was drawing the Meeting fell upon other Business and ordered a Proclamation to be issue forth for bringing in the Arrears of the Publick Revenue The first draught of this Proclamation did not please purporting That the Money was to be employ'd for raising Forces for securing the Protestant Religion however after some debate it was agreed that the Alteration should be made by leaving out the Words For Raising Forces and so it pass'd This Proclamation was the more requisite to be one of their first Considerations in regard of the great occasion which then they had to secure themselves and beleaguer the Castle which still held out to which purpose they were forc'd to make use of the City Train'd Bands and the Country Militia which could not well be dismiss'd without pay or a Generous Gratuity But then in pursuance of the main Affair which they were upon of Addressing themselves to the King they thought it but requisite as a forerunner of what themselves intended to give their Approbation of the Address and Proceedings of the Nobility and Gentry that had been at London and had there made it their Request to His Highness then Prince of Orange to take upon him the Administration of the Government which was done with that Respect which the Occasion and Quality of the Persons Merited And to shew that they were not in the mean time unmindful of the Distresses of their Neighbors upon reading some Letters from several Noblemen and Gentlemen in Ireland craving Assistance of Arms and Ammunition Four Thousand Muskets Two Thousand Fuzee's and Six Hundred Barrels of Gunpowder were order'd to be bought and sent away At the same time the Meeting was informed that Viscount Dundee had stoln the opportunity of a Conference with the Duke of Gourdon at the Postern Gate of the Castle notwithstanding that the Convention had forbid all correspondence with him under the Penalty of Treason more over that Dundee who now came no more to the Convention was seen near the City with about fifty Horse This somewhat alarumed the Convention so that they immediately ordered him to be summoned but understanding that he was Marched Westward toward Linlithgow which was the Road to Sterling and fearing least he might have some design to surprize that Castle which commands the Pass of Communication between the Northern and Southern parts of Scotland they ordered a Major with fourscore Horse to follow him and the Earl of Marr who was then Governour of Sterling Castle was sent away by their Order to secure that Important Garrison against any Attempt or surprize And well knowing that small sparks many times kindle violent Conflagrations therefore that they might be in a Posture to make opposition where ever the flame brake out they ordered all persons from sixteen to sixty to be in a readiness to take Arms when the Convention should find it requisite for the publick safety Several suspected Officers of the Militia were turned out and others put in their places and Sir Patrick Hume who was excepted out of the late Kings Indempnity ordered to command the Militia Horse of his Countrey And farther that eight hundred Men should be Levyed and Arm'd under the command of the Lord Leven which was no sooner intimated but the Men came in within two hours time Great care was also taken for the Western Countries that lye next to Ireland where as in all other parts orders were directed for dis-arming the Papists and settling the Militia in trusty Hands But notwithstanding all this care and vigilance and the extraordinary Unity of the generality of the Nation the adherers to King James were not without hopes of having another game to play for their lost stakes Which made Dundee still dance about the Countrey like a Winter Exhalation to intice unwary followers which made the Duke of Gourdon farther perhaps encouraged by some bouncing Promises from Ireland to send as he called them his last Proposals and withall a Monitory Letter to the Convention minding them to what Honours and Dignities K. James's Predecessors had advanced most or many of them to and what marks of Royal Favour and Bounty he had conferred upon them and which ought not to be forgot for the Errours and Miscarriages of poor four years Raign so that if they would allow him Liberty to go over into Ireland he would endeavour an Accommodation between King James and the Estates of the Kingdom to have Religion Laws Liberty and Property restored and established But both the Admonition of the Duke and his undertaking were rejected with that scorn that they would not suffer the Monitory to be entred in their Journals to signifie that they had either received or read it His demands were An Act of Indempnity for all Papists and Protestants that serv'd under him in the Castle and for four or five Priests That he might be secured against all Strangers or Cameronians by which he meant the Rabble in and about the Town at his coming out and that he might have a Guard of forty Horses for a safe Convoy The Convention though they slighted his Monitories yet desirous to have the Castle in their own hands made answer to his demands That they would give security to himself and others in their lives and fortunes so far as they had acted as Papists and that the Priests should have Passes to depart the Kingdom upon condition never to return again That he should have the Guard and Convoy he demanded till he were over the water to Brunt-Island And that a like number of Guards should Convoy him from thence homeward which should be disbanded within twenty four hours after his Arrival he giving security to live peaceably and not to disturb the Peace of the Kingdom
notice given with twenty days Provision By this the month of March drew toward a conclusion at what time the President moved that a Committee be named to consider the State of the Government and bring in their opinion for the settling of it Which raised a debate whither the matter should be first treated of in a Committee or not which was carryed in the Affirmative After which the names of the Lords Knights and Burgesses that were to be of this Committee were agreed upon according to the following List of the Nobility The Marq. of Athol E. of Argyle E. of Crawford E. of Sutherland Knights Blare Grant Scot of Hordin Pettiver Burgesses Sir John Hall Sir John Dalrimple Sir Charles Hacket Mr. William Hamilton E. of Louthian Viscount Tarbet Lord Cardross Lord Melvin Dunbar of Grange Orminston Polward Sketmorley Mr. Fletcher of Dund Mr. Moore of Acre Mr. Anderson of Glasgow Mr. Smith of Pearch All which persons were selected into this great Committee by the plurality of Fifty Four Voices more then the fourth part of the Meeting When the President moved that this Committee might be named and eight out of every State were adjudged a competent number the Bishops of which six were then present moved that they might have the Priviledge of a State but they were answered that that point was over-ruled and they must joyn with the Nobility Then the Question was mov'd whither every one of these three Bodies or States the Nobility Knights and Burgesses should distinctly choose their eight but it was carried that every Member of the House should give in a List of twenty four being eight out of every State under their hands and that those that had the most Voices should be chosen which fell to be the Lot of the persons above-named These and some other like struglings of the Bishops against the stream and some other discontents which the Convention observ'd in their behaviour were highly disgusted by the generality of Estates insomuch that although they began to have such a mistrust of them that they made a particular Order that the Bishops in their Prayers should not mention or insinuate any thing against their Acts or Proceedings And this disgust against the Bishops was heightned by another accident which happened at the same time for that while the Convention was Voting Major General Mackay to be General the Arch-bishop of Glasgow desired That all the Bishops might be excus'd in regard the House was then upon a Military concern Upon which one of the Members stood up and declared that the Bishops had got a new sight but that he had seen Military Orders signed by the very same Bishop To which when the Archbishop replyed that the Case was different for that then he was Chairman of the Committee the same Member made answer That he knew no difference in the Cafe but onely those Orders were then against Protestant Dissenters and the Order in question against Papists And this was one reason that they who retain'd a Great Reverence for the Order yet had no kindness for the Persons who were then of it Upon the 30th of March the Grand Committee of Twenty four agreed among themselves the Throne to be vacant but came to a Conclusion in nothing else Some there were who seem'd to incline not to insist so much upon the Head of Desertion or Abdication but on that of Male-Administration Others there were who seem'd desirous that the Crown should not be confirm'd by way of Translation but by succession to the Queen of England and to the King in the Right of a Husband only he to have the Adminstration during life Others were for conferring the Care with a Union of both Kingdoms Others were first for settling the Crown and then for treating of the Union But notwithstanding this diversity of Opinions at length the Earls of Tweddale and Calender and Mr. Hugh Brown being added to the Committee they came to an Agreement and it was referr'd to a Sub-Committee to draw up the Reasons for the Vacancy which being brought into the Grand Committee the same were approv'd and pass'd with a Nemine Contradicente Upon the Fourth of April the Reasons for declaring the Throne vacant were read the last time in the House in the following Terms 1. King James the Seventh being a professed Papist did assume the Regal Power and acted as a King without ever taking the Oath requir'd by the Law whereby every King at his Access to the Government is oblig'd to swear to maintain the Protestant Religion and to Rule the People according to the Laudable Lawes 2. That by the Advice of wicked and evil Counsellors he had invaded the Fundamental Constitutions of the Kingdom and alter'd it from a Legal limited Monarchy to an Arbitrary Despotick Power and by publick Proclamation had asserted an Absolute power to annul and disable all the Lawes and particularly arraigning the Laws that established the Protestant Religion by erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but by converting Protestant Chappels and Churches to Publick Mass-Houses contrary to express Laws against saying and hearing of Mass 3. By disarming Protestants while in the Interim he employ'd Papists in the Places of greatest Trust both Civil and Military such as Chancellors Secretaries Privy Counsellors Lords of Sessions thrusting out Protestants to make room for Papists and by entrusting the Forts and Magazines of the Kingin their Hands 4. By allowing Popish books to be printed and dispersed by a Gift to a Popish Printer to his Majesties Houshold and Chappel contrary to the Laws 5. By taking the Children of Noblemen and Gentlemen sending and keeping them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colledges abroad by bestowing Pensions upon Priests and perverting Protestants from their Religion by offers of places and pensions 6. By Imposing Oaths contrary to Law 7. By giving Gifts and Grants for exacting Money without consent of Parliament or Convention of the Estates 8. By Levying and keeping on foot a standing Army in time of Peace without consent of Parliament 9. By employing Officers of the Army as Judges through the Kingdom and imposing them where there were Heritable Offices and Jurisdictions and by them many of the Lieges were put to death Summarily without Legal Trial Jury or Record 10. By using inhuman Tortures without any Evidence and in Ordinary Crimes 11. By imposing exorbitant Fines to the value of the Parties Estates in exacting extravagant Bail and by disposing of Fines and Forfeitures before any Process or Conviction 12. By causing to pursue and forfeit several persons upon old and obsolete Laws upon frivolous and weak pretences and upon lame and defective probation particularly the Earl of Argyle to the Scandal and Reproach of the Justice of the Nation 13. By subverting the Right of the Royal Burroughs the third of the Estates in Parliament imposing not only the Magistrates but also
pleased to send him a Commission to represent his Royal Person in the first Session which he acknowledged to be an Honour far above what he deserved especially at such a time when the Importance and Condition of His Majesties Affairs in the Kingdom of Scotland required the Greatest Trust from his Majesties and the greatest Faithfulness and Ability in his Commissioner which were otherwise necessary in so high a Station And that although the short advertisement of his Majesties Pleasure therein might give him some difficulty in discharging the several duties incumbent on a person in that High Character yet such was the Zeal he had for His Majesties Service and the Good of his Country that he resolved to give all ready and chearful Obedience to His Majesties Commands and to omit nothing in his Power that might advance His Honour and Interest or contribute to the Peace and Security of the Nation That he had received His Majesties Instructions for turning the Meeting into a Parliament and then to adjourn the Parliament to the seventeenth of June and after that to consent to the enacting of such Laws as might not onely redress the particular Articles of the Grievances but to any other Acts which they should advise for securing the Religion Peace and Happiness of the Nation The Duke having thus delivered himself the Kings Commission was read together with the Letter from His Majesty declaring His pleasure to turn them into a Parliament Which being done the Commissioner acquainted the Estates with the Kings farther pleasure that the Earl of Crawford should preside in the ensuing Session of his first Parliament Upon which the Earl came from the Lords Bench to the Presidents Seat before the Throne and made a Speech to the Estates and then moved that the Act for turning the Meeting into a Parliament might be forthwith drawn Upon which the Commissioner named the Earl of Lowthian Viscount Torbat the Lord of Ormiston Sir Patrick Hume of Polwart Mr. William Hamilton and David Spence to be of a Committee for drawing up the Act who thereupon presently withdrawing into the Inner House after a little time returned with the Act drawn up accordingly which being read and debated was without delay both voted and approved as follows The King and Queens Majesties with Advice and Consent of the Estates of this Kingdom at present assembled Enact and Declare That the three Estates now met together the Fifth of June 1689. Consisting of the Noblemen Barons and Burgesses are a Lawful and Free Parliament and are hereby declared enacted and adjudged to be such and to all intents and purposes whatsoever notwithstanding the want of any new Writs or Proclamation for calling the same or the want of any other Solemnity And that all Acts and Statutes to be passed therein shall be received acknowledged and obeyed by the Subjects as Acts of Parliament and Laws of this Kingdom And it is hereby declared That it shall be High Treason for any Persons to disown quarrel or impugn the Dignity and Authority of this Parliament upon any pretence whatever This Act being thus passed and at the same time touch'd with the Scepter the President by Command of the High Commissioner adjourned the Parliament to the Seventeenth of June being Twelve dayes Upon the Seventeenth of June the Parliament met at what time the Commissioner having ordered the Honours to be sent for from the Castle Knighted Mr. William Hamilton Advocate and a Member of the Parliament After which the Commissioner acquainted the Parliament That he had Instructions from their Majesties about redressing the Greivance of the Lords of the Articles as formerly constituted and that their Majesties had ordered him to condescend to the passing an Act for chusing Eight out of every Estate Lords Barons and Burgesses which with the Officers of State should prepare Things for the Parliament And that it should be always in the Power of the Parliament even of those things which the Committee should report if they should think sit so to do Thereupon an Act being drawn to that purpose it was presented by the Commissioner to the Earl of Crawford President of the Parliament who before he gave it to the Clerks deliver'd himself to this Effect That in regard they were now in another Station than they were formerly that is to say the Supreme Court of the Kingdom and so happy in a Prince who preferr'd the just Rights and Interests of his people to his own Prerogative and who crav'd nothing of them but what would make them happy That they should lay aside all Animosities and private differencies and make the Publick Good the only motive and end of their Actings which Things as they were always necessary so especially at that Juncture when they had Religion the Government of the Church and the Just Rights of the Subject to Establish and Greivances to Redress That Christianity taught Verity the King crav'd and the present Juncture made it indispensably necessary and Gods blessing always attended it That the King had put it fully into their power to make such Laws as might secure to them their Religion and Properties wherein if they failed it would be their own fault that the Eyes of their Enemies were upon them waiting for their halting and that nothing could encourage or strengthen them more then Animosities and Divisions among themselves The President having thus spoken delivered in the Act to be Read But then it was mov'd by the Lord Ross that before they went about to consider or Vote any Act that they should all Swear and Subscribe the Oath of Allegiance and that an Act should be made to that Intent Which motion being approv'd the Lord Ross gave in the following draught of an Act in pursuance of what he had mov'd That the Estate of Parliament considering that Their Majesties had accepted the tender of the Crown of this Realm made to them and had taken the Oath appointed to be taken by all Kings and Queens of this Kingdom therefore They with the consent of Their Majesties did Declare Recognize and Assert Their Royal Authority and Right thereto And Ordered all the Members and Clerks of Parliament and all other Persons that at present are in or shall happen to be called hereafter to any place of publick Trust Civil and Military to Swear and Subscribe the Oath hereto subjoyned And they hereby discharge and annual all former Acts of Parliament appointing any other Oaths of Allegiance and Supremacy Declarations Tests or Other publick Oaths whatever to be taken by them henceforward so as they appoint the same to be taken except the Oath de Fideli Administratione To which the Oath subjoyned was this I A. B. Do Solemnly Swear in the Presence of God That I shall bear Faith and True Allegiance to King William and Queen Mary So help me God This Act passed Nemine Contradicente only that the Earl of Kincairden withdrew so that being thus passed and touched with the Scepter all the
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
Jurisdiction given to Bishops The 1. Act of 21. Parl. of K. J. 6. concerning the Ratification of the Acts of the Assembly at Glasgow Anno 1610. and the 1. and 2. Acts of the 22. Parl. of K. J. 6. Anno 1617. concerning the Archbishops and Restitution of Chapters and the 1. Act of the 23. Parl. of K. J. 6. An. 1621. about the Ratification of the Articles of the assembly of Perth And all Acts and Constitutions whatever prejudicial to the Church-Government by General Provincial and Presbyterial Assemblies and Kirk-Sessions or so far as they are in favour of Archbishops Bishops Abbots Priors or other Prelates whatever c. or in favor of the civil places and power of Church-men their ruling and voting in Parliament c. by vertue of their Titles or any other pretence whatever c. And all other Acts inconsistent with this present Act. Concluding with an appointment of the Time and Places for the first meeting of the Presbyterial Assemblies and empowring them to choose their Moderator with orders to give him the Oath of Allegiance and to return the Oath taken and subscrib'd to the Clerks of the Privy Council The Act presented by the Lord Cardross was the same for the settling the Church Government by General Assembles Presbyters and Provincial Synods but made no mention of rescinding the many Acts mention'd in the Lord Commissioners draught It was the same for restoring the deprived Ministers but differed in the addition of Clauses for sentencing and depriving all that gave not Obedience to the Act against the owning the late King It also made void all Patronages and Presentations to Churches an Intolerable servitude upon the Church of God with all Laws made in favour of them and particularly the 9th Act of the 1. Parl. of Charles the Second Nevertheless that the Tithes of the said Churches whereof the Patronages were abolished should belong to the Patrons and be inserted in their Infeoffments in lieu of the said Patronages with the burden always of the Ministers Right and Stipend There was also another Clause for suspending all Ministers called Conform Ministers who entered by and still continued under the Prelacy from the Exercise of any part of the Presbyterian Government only that they might continue to exercise their Pastoral Charge within their respective Parishes and hold their Kirk-Sessions for Discipline therein till farther order Declaring in the last place that their Majesties and the Estates would with all conveniency take the advice of such Ministers as were known to be of the Presbyterian Perswasion and by their advice lay down such methods as should be judged most effectual for purging the Church of all Scandalous Erroneous insufficient and disaffected persons and providing for the particular Churches with able and well qualified Ministers and establishing the Exercise of the Presbyterian Government according to the true intent of the Act. While the settling the Church Goverment was thus in debate an Address presented from the Presbyterian Ministers and Professors to the Kings Commissioner was by him given into 〈◊〉 House and there read upon the 〈◊〉 of July Wherein after they had made all due acknowledgements to God and his Majesty for their wonderful and unexpected deliverance from the Great Oppressions which they had suffer'd under the Cruelty and Ambition of the Prelacy of that Kingdom they humbly beseech the Commissioner and the Estates of Parliament seeing the King had declared and their Lordships with him had zealously appeared for the Protestant Religion That they would be graciously pleased by their Civil Sanction to establish and ratifie the late Confession of Faith with the larger and shorter Catechisms which contained the Substance of the Doctrine of the reformed Churches the directory of Worship and Presbyterial Church Government all agreeable to the Word of God and formerly received by the General Consent of the Nation And in regard that Prelacy and all who had entered under Prelacy had been imposed upon the Church without her Consent in any of her free General Assemblies and that Presbyterian Government could not be safe in the hands of those who were of contrary Principles therefore they humbly petitioned that the Church Government might be established in the hands of such only who by their former carriage and sufferings were known to be sound Presbyterians and well affected to His Majesties Government and that those Ministers yet alive who were thrust from their Churches might be restored They also pray that they might be allowed by Civil Sanction to appoint Visitations for the purging out of insufficient and scandalous Ministers and that Patronages which had their Rise from the most corrupt and latter times of Christianism might be abolished and the Church establish'd upon its former good foundations confirmed by many acts of Parliament 1560. And that all Acts ratifying Ceremonies and imposing Punishments upon Presbyterians for Non-conformity might be abolish'd and lastly that their Lordships would take care that learned sound and Godly men might be put into the Universities and Seminaries of Learning humbly submitting to their Lordships wisdom the method of considering and effectuating these their desires But neither did either of the two draughts please neither could the farther consideration of the Address be at that time entered upon For the House had made an order the day before by reason of a Letter from the King to the Privy Council and a Proclamation thereupon by them issued forth for opening the Signet not to proceed any farther in the affair of Church Government till the Letter and Proclamation were considered that in the mean time there should be a stopt put to the opening of the Signet Only they were so farr willing to gratifie the Addressers that they Voted and approved an Act for restoring Presbyterian Ministers to their Churches which was presented by Sir William Hamilton To this effect That whereas in pursuance of the Claim of Right Prelacy c. was abolished and that many Ministers of the Presbyterian perswasion since the first of January 1661. had been deprived of their Churches or banished for not Conforming Therefore their Majesties with advice of the Estates ordained that those Ministers should forthwith have free access to their Churches and exercise the Ministry in those Parishes without any new call thereto and enjoy the benefits and stipends thereto belonging with som reserve to the incumbent of the last years rent as if the Churches were not vacant But then the business of the Lords of the Sessions coming on the Question was put Whither the Nomination of the Lords of the Sessions made by His Majesty in case of a Total vacancy required the Authority of Parliament And whither it were requisite by the consitution of the Colledge of Justice that the President of the Session should be Elected by the Lords of the Session These two Points occasioned a long debate at the end of which the draught of an Act was brought in declaring the methods of naming and admitting the
Lords of the Session To this effect That by the Laws of the Kingdom when the place of an Ordinary Lord of a Session was vacant it was to be supplyed by the Kings nomination of a fit person for the said Office and presenting him to the rest of the Lords of the Session to be tryed or rejected by them but that then there was a total vacancy by reason of the happy Revolution so that there could be no such Tryal by the Lords in which case when such total vacancies fell out the Lords were either nominated by the King and Parliament joyntly or if they were nominated by the King and the Lords so nominated were admitted by the Parliament Therefore the Act was so drawn that their Majesties would nominate fit persons for the said Office and present them to the Parliament to be tryed approved or rejected by them It was also farther ordained That at all times hereafter when any such total Vacancy should happen that the nomination of the Lords of the Session should be in the King and Queen for the time being or in the Regent during a Minority so they should be presented to the Parliament to be tryed c. It was also farther Enacted that there should be a Ratification by their Majesties of the 93. Act of the 6th Parliament of K. J. the VI. concerning the Admission of the Ordinary Lords of Session and Reformation of abuses therein And the 132 Act of the 12th Parliament of King James the VI. concerning the Jurisdiction Presentation Qualities and age of the Lords of the Session in all the heads clauses and articles of it as also of the clause contained in the 93 Act of the 6th Parliament of King James the VI. Declaring that the President of the Colledge of Justice should be Elected by the whole Senate This Act as it was drawn into form was read again the next day together with the 93 Act of the 6th Parliament and the 132 Act of the 12th Parliament of King James the VI. to which the draught referred And upon debate for a long time the Question being put Whither the Vote of the House in reference to the Act should be stated in the terms of approve or not approve Or of Representing to His Majesties or not It was carryed that the Vote should be put approve or not approve and then the question being put Whither the Act was Approved or not It was carried in the affirmative The Parliament having proceeded thus farr thought fit in pursuance of their Vote and Approbation of their Act to make another Vote that the stop put to the Signet should be continued and that an Order should be drawn up for that purpose till the High Commissioner should represent the whole matter to His Majesty and that he should be pleased to declare his farther pleasure But in the Height of this dispute the Parliament was adjourned upon the second of August to the eight of November next ensuing and when that day approached from the eighth of October to the twentieth of December following and from thence again to the first of March which caused a long Cessation of Parliamentary business Having therefore thus brought the Parliament to the end of their City Consultations it may be time to look into the Field the rather because it was but a very little while before the adjournment of the Parliament that the rebellion of Scotland came to any thing like a Period The main disturbance after the happy Revolution was raised by the Viscount of Dundee who as he began with small beginnings so through the vigilance of the Convention and the Parliament after them he never arrived at any number to render him very formidable only by lurking and roaming up and down in the Fastnesses of the Highlands he took his opportunities more like a Freebooter then an Enemy to commit petty mischiefs that at length brought inglorious ruine upon himself and those that adher'd to him At first he was said to be gone Northward and that a Herald was sent after him to summon him before the Convention but he could not be met with So that because he refused to appear before the Convention and for that he kept an Armed Force about his own House and corresponded with the D. of Gourdon he was upon the 30th of March denounced a Rebel by the Vote of the whole Assembly Upon the Herald and the Trumpeters being sent after him he sent a letter to the President of the Convention to excuse his absence and his not appearing seeming to wonder at it as an extraordinary thing that a Trumpeter and a Herald should be sent to summon a Man to lay down Arms that was living peaceably at his own House That he did not think his person safe among so many Enemies as he had in Edinburgh and who as he was well assured had laid their designs to murder him and therefore he hop'd the Convention would discharge such a groundless pursuit That if they thought his appearance necessary yet it was impossible for him to attend with freedom and safety in regard of the Men of War and Foreign Troops that lay in his way Concluding that if the Convention could not be prevailed with to wave his appearance yet that they would delay it till his Lady was brought to bed and offering in the mean while either to give his Parol or Security not to disturb the peace But notwithstanding this Letter the next news that the Convention heard of him was that he was gone Northward with a part of Fourscore Horse and directed his March toward the Duke of Gourdons Countrey where he was in hopes to find more assistance which caused the Convention to give Orders for a considerable Force to make after him His first act of Hostility was done against the Town of Innerness to the Inhabitants of which place he sent to demand contribution threatning them with Military execution unless they paid it But the neighbouring Gentry gathering together a considerable Force got into the Town and constrained him to betake himself again to the Hills After this he attempted to have surprized the Town of Dundee but he found them so well prepared to receive him that he was forced to draw off After which two unsuccessful attempts in a very dark night he entred St. Johnstons and having taking the two Lairds of Blaire and Pollock two Gentlemen of Quality out of their Beds hastened back to his Fastnesses Several other attempts he made and having encreased his strength by the addition of the Mackdonalds Mackleans and others that came into his party he became above three thousand strong and threatned to fall into the County of Argyle Of all which things the Convention had daily Intelligence and therefore ordered Major General Mackay with a considerable Force to hunt the Rebel out of all his Lurking holes The Earl of Argyle was also sent to secure the Country of Argyle and Colonel Ramsey and others to shut up other Passes
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
Ministers of Christ's Church within this Kingdom as they are or shall be Legally admitted to particular Churches Likewise in pursuance of the Premisses Their Majesties do hereby appoint the first meeting of the General Assembly of this Church as above Established to be at Edinburgh the third Thursday of October next to come in this instant year 1690. And because many conform Ministers either have deserted or were removed from Preaching in their Churches preceding the thirteenth day of April 1689. And others were Deprived for not giving Obedience to the Act of the Estates made the said 13 of April 1689. Intituled a Proclamation against the owning of the late K. J. and appointing publick Prayers for King William and Queen Mary Therefore Their Majesties with Advice and Consent foresaid do hereby Declare all the Churches either deserted or from which the Conform-Ministers were Removed or Deprived as is said to be vacant and that the Presbyterian Ministers exercising their Ministery within any of these Parishes or where the last Incumbent is dead by the Desire or Consent of the Paroch shall continue their Possession and have Right to the Benefices and Stipends according to their Entry in the year 1689 and in the time coming ay while the Church as now Establish take further Course therewith And to the Effect the Disorders that have hapned in this Church may be Redressed Their Majesties with Advice and Consent foresaid do hereby allow the General Meeting and Representatives of the foresaid Presbyterian Ministers and Elders in whose hands the Exercise of the Church Government is Established either by themselves or by such Ministers and Elders as shall be appointed and Authorised Visitors by them according to the Custom and Practice of Presbyterian Government throughout the whole Kingdom and several parts thereof to try and purge out all insufficient Negligent Scandalous and Erroneous Ministers by due course of Ecclesiastical Process and Censures And likewise for Redressing all other Church-Disorders And farther It is hereby provided that whatsoever Minister being Convened before the said General Meeting and Representatives of the Presbyterian Ministers and Elders or the Visitors to be Appointed by them shall either prove Contumacious in not appearing or be found Guilty and shall be therefore Censured whether by Suspension or Deposition they shall Ipso Facto be Suspended from or Deprived of their Stipends and Benefices And Ordains this Act to be Printed and Published Extracted out of the Records of Parliament by me Th. Burnet Cls. Reg. Thus after so much disorder so much Tyranny and Oppression in a Kingdom the ill successes of Rebellion and the Return of Law and Justice into their ancient Channel one would think should be sufficient to regain the Affections of Men wandring after Chimera's and unite them to a Prince who has laid such Foundations of their Tranquillity But Rebels and Robbers very seldom lissen to these charms let the charmer charm never so wisely Which is the reason that the remains of Rebellion cannot yet be extinguish'd and that their are several Trayterous Conspiracies and Correspondencies found out of such as make it their business to disturb the peace of the Government However in regard those Discoveries are not yet ripe for publick view and that we can say nothing more of the Highlanders but that they Rob and plunder where they can find any advantage it is time here to conclude this accompt of the Revolution in Scotland no less memorable then that in England FINIS Books lately Printed and Sold by Tho. Salusbury at the sign of the Temple near Temple-Bar in Fleet-street 1690. THE History of the late Great Revolution in England with the Causes and Means by which it was accomplish'd Together with the Settlement thereof under their most Serene Majesties King William and Queen Mary by the Lords and Commons assembled in the late Parliament With an exact List of the Members of both Houses then Sitting The Second Edition To which is added the Effigies of their Present Majesties curiously Engraven on a Copper Plate A new Art of Brewing Beer Ale and other sorts of Liquors so as to render them more healthful to the Body and agreeable to Nature and to keep them longer from souring with less trouble and charge then generally practised which will be a means to prevent those torturing Distempers of the Stone Gravel Gout and Dropsie With easie Experiments for making excellent Drinks with Apples Currans Goosberries Cherries Herbs seeds Hay c. and the way to preserve Eggs 5 or 6 Months from being musty or rotten With an Appendix how to make Fruit-trees constantly fruitful Miscellany Poems viz. I. Remarks on the Death of K. C. II. II. On the Success of K. J. II. III. Upon Faith IV. Upon Patience V. Ambitioh VI. To the University of Oxford VIII The Soul to a good a Conscience VII The Soul to a bad Conscience By J. Whitehall The Declaration and Manifesto of the Protestants of the Vallies of Piedmont called the Vaudois to all Christian Princes and States of the Reasons of their taking up Arms against the Duke of Savoy And why they have put themselves under the protection of WILLIAM King of Great Britain and of the Evangelick Cantons of Switzerland An exact Collection of many Wonderful prophesies relating to the Government of England c. Since the first year of the Reign of K. James I. to this present time 1690. All which have been truly fulfilled and accomplished Also many Prophesies yet foretelling what Government is to succeed to make this Kingdom happy With the certain time of the Downfal of Antichrist throughout the World Remarks upon the Dream of the late abdicated Q. of England and upon that of Madam the D. of La Valiere late Mistress to the French King c.
But notwithstanding he had thus all in a manner granted him that he desired yet it seems upon certain intelligence of the late Kings Landing in Ireland he thought fit to linger a little longer and therefore sent another message soon after to the Convention and the Magistrates of Edinborough to acquaint them that King James was arrived in Ireland and therefore he would not surrender the Castle to the Estates but would set up King James's Standard and give the usual Volleys of Cannon which he desired them not to be afraid of or offended at and accordingly he fired all his Cannon without Bullets though to the great terrour of those that lay under the Mercy of his Bullets The Duke having thus laid aside all thoughts of surrender the Besiegers went on with their Approaches and the besieged managed their defence the best they could though to give the Duke of Gourdon his due he was so sparing to the City that he did not do the City half the mischief he might have done notwithstanding that the besiegers threw their Bombs into the Castle which strangely dis-figured and ruined the Buildings within it Nevertheless the Duke made no shew of Capitulation since his last Monitory message of the 23d of May till the 30th of the same Month at what time he beat a parly and sent a Letter to the Lord Ross desiring to speak with him about some important Affairs which he had to impart to his Lordship With which the Councill being acquainted gave leave to the Lord Ross to meet the Duke upon the Castle Hill but would not permit him to venture into the Castle but the D. refused to meet him there alledging that he could not come out of the Castle to speak or treat with any Person So that missing his design whatever it were he pretended that the old Registers were damnifyed and therefore desired they might be removed But that the Council refused looking upon it as a contrivance to linger away time to get an opportunity to cover the Bartisons and Roofs of the Houses with Earth besides that in the removal of the Registers Letters and other things might be conveighed to and from the Duke advantages which they were resolved not to allow him Till at length the Duke finding himself straitned on every side and having no hopes of relief besides that he destrusted the Souldiers in the Garrison and saw the Trenches of the Besiegers advanced very near the Walls of the Castle as also dreading the Mines which the besiegers had sunk under the Works upon the 13th of June beat a parley and hung out a White flag but the Officer who commanded in the Leaguer told him plainly he would admit of no parley unless it were to surrender the Castle in regard he had so often deluded them with so many frivolous Treaties to no purpose Upon which the Duke declared that he would surrender the Castle upon Honourable Terms onely he desired to know whither he must Treat with the Officer commanding in the Leaguer or with his Grace the Lord Commissioner This point being settled the Duke of Gourdon insisted to have an Honourable capitulation upon which Commissioners were sent up to Treat with him but while they were debating together with the Duke upon the terms which he propounded at first very high and deemed by the Commissioners to be unreasonable a certain Person ran suddainly into the Castle during the Truce and delivered several Letters to the Duke as it was supposed from Dundee or else the late King in Ireland The Commissioners being informed of this Action require to have the Messenger delivered up to them in regard that no man ought to have come into the Castle upon such Errands without their consent This the Duke refused to do alledging That since the Person came to him he was obliged to protect him Upon which the Treaty being broke off the Garrison fired both with their great and small snot all that night upon the City it self and every other way where they imagined they could do mischeif insomuch that several persons were killed others wounded and some Houses were much prejudiced by the Cannon But the next morning the Duke beat another Parley and hung out a white Flag so that Commissioners were again sent to Treat with Him and this Treaty had so good an effect that the Articles for the surrender of the Castle were agreed and confirmed by the Privy Council to the great joy and satisfaction of all good and honest men but to the great trouble and grief of the disaffected party who trusted much to this strong place as being thought impregnable Articles of Surrender June 13th 1689. I. That Lieutenant-Collonel Windram Lieutenant-Governour of the Castle shall submit himself to King William 's Pleasure his Life being secured And all the rest of the Garison shall have their Lives Liberties and Fortunes secured and Passes granted to those that will take Oaths not to bear Arms against the present Government II. The Garison is allowed to march out with their Swords and Baggage belonging properly to themselves III. That all the Gentlemen-Volontiers Servants and others within the Garison shall have the same Capitulation with the rest of the Garison IV. That all manner of Persons shall have the Benefit of the first Article who have kept Correspondence with the Castle and who have not been in Arms and being at present at Edinburgh or in the same County shall be Indemnified and have the benefit of this Capitulation V. That sick Souldiers shall have the Liberty to dispose of themselves as they think best they behaving themselves as becometh VI. That all the Officers Gentlemen Servants and Soldiers shall have the same benefit which others have they Living peaceably VII A Considerable Post within the Castle shall be immediately how soon security is granted to the Garison for the above-written Articles put in Possession of those Forces under the Command of Major-General Lanier After these Articles were confirmed by the Privy Council the Garison marched to the Hill before the Castle where they laid down their Armes and delivered up the Keys of the Castle many thousands of people being got in heaps together to signifie their joy in loud acclamations and prayers for the preservation and happiness of King William and Queen Mary as being now assured to live safely and quietly and enjoy their Religion Laws Liberties and Properties during their prosperous Government At the same time Three hundred Souldiers under the Command of Lieutenant-Colonel Mackey and Major Somerville marched in and took possession of the Castle which was strangely battered and ruined during the Siege by reason of the great Execution that was done by the Bombs It was said that there was some difference between the Duke of Gourdon the Governour and Lieutenant Colonel Windram who was Deputy-Governour of the Castle the Duke inclining to have delivered it up before but Windram urging still to hold it out However at last the Duke and his party