THE HISTORY OF THE AFFAIRES OF SCOTLAND FROM The Restauration of King Charles the 2d in the year 1660. And of the late great Revolution in that Kingdom WITH A particular account of the Extraordinary Occurrences which hapned thereupon and the Transactions of the CONVENTION and PARLIAMENT to Midsomer 1690. With a full Account of the Settling of the Church Government there Together with the Act at Large for the Establishing of it Licensed and Entred according to Order LONDON Printed for Tho. Salusbury at the sign of the Temple near Temple-Bar in Fleet-street 1690. TO THE Right Honourable JANE Countess of SUTHERLAND Madam IT was the Custom in former Ages when Offerings were made to various Deities that the Adorer made choice of that same Numen to which he thought his Oblation would be most Grateful The same reason encourages this Address to your Ladiship in hopes the Subject of it will be acceptable to a Personage so eminently fam'd for being so highly concerned in the late Miraculous Revolution and your assisting the Deliverance of these Oppressed Nations To you therefore Madam this Compendium appeals as an accomplished judge of Truth where ' ere you find it or in what ever dress 'T is true Madam the Present is but inconsiderable as is the Quality of the Presenter But Persons in your Station look down as well as upward Which if your Ladiship shall vouchsafe to do with an Eye of favour upon this unworthy Offering it is the chief Happiness aspir'd to by Madam Your Ladyships most faithful and most Humble Servant T. S. TO THE READER PRovidence over-rules all Things but never any Act of Providence so strange and so surprizing as the great Revolution that so lately happened in the two Kingdoms of England and Scotland A Revolution not to be parallel'd in History but seasonable to the British Monarchy the Glory whereof was almost brought to Ruine and Destruction Nor was it to be admired that the desire of such a Change should reach so far as Scotland where the causes were the same and the cries of Oppressions were no less loud then in England For it is too evident that all the Laws Priviledges and Rights of the Kingdom of Scotland had under the late Raigns been not onely encroached upon but subverted and Overthrown In regard that by the gradual enlargements of the Prerogative beyond what was allow'd by the Laws of the Constitution and the Statutes of the Realm the Legal and Regular Monarchy of the Nation was swell'd into an Arbitrary and Despotic Power So that all the Franchises and Rights which by Original Contracts and Subsequent Laws were reserved unto the People were either overthrown or precariously enjoy'd No wonder then it was that as well the Scots and the English sought for speedy Redress and to be freed as well from Spiritual Bondage as Temporal Slavery Which at length they obtained by the auspicious Conduct and Generous Advance of his Present Majesty to their Relief A Story certainly that cannot be otherwise then most grateful to Posterity as being accompanied with such Variety of circumstances such unparallel'd Success and the General Advantage of all Europe It was no easie Thing to reduce into Order a Chaos of Government so dismally mangled and confus'd which being so great a Work and brought to so much Perfection in so short a Time as it shews the Extraordinary Zeal and Prudence of the Artificers so did it no less magnifie the Influences that govern'd and directed all their Actions Insomuch that it may be said of the Most Illustrious King WILLIAM what Suetonius says of the Famous and Best of the Roman Emperours Vespasian Rebellione Trium Principum et caede incertum et quari vagum Imperium suscepit firmavitque Gens Nassovia Popery and Idolatry now droop and the Protestant Religion enjoys a general Freedom under a truly Protestant Defender Vnder whose Auspicious Government soon might these two Nations be happy had we not so many Disturbers of Israel amongst us though it was not well known what they repined and grumbled at till this late detection of complicated Conspiracy for the Restoration of Popery and Tyranny In short there has already an accompt been given of our deliverance in England This is a Prospect of the same Deliverance in Scotland the one no less conducible to be known then the Other especially to those who are desirous to observe the Coherences and Concatenations of Providence I will not say it is a structure embellished with the flourishes of Eloquence as being only designed for plainness and exactness wherein I may he bold to say that diligence has been observed as to compile it in the best manner and method that the Truth of Collection could any way claim as due to it And being laid upon so solid a foundation however it fares of it self it may serve to give Light to politer Pens when they shall be at leisure to be more accurate Though there is no question to be made but that many will be as willing to see the naked Rasters of a History as to view the covered Frame though Japanned over never so curiously The History of the Affairs and late Revolution in Scotland from the Year 1660. to this present Year 1690. WHEN Charles II. was restored in the Year 1660. to his ancient Dominions from which he had been for some time kept out by the Civil Wars the Joy was no less cordial and universal in Scotland then in England And it may be said the extraordinary favour of Heaven did so second the Constancy of the Scottish Nation 's Love to a Prince so long wish'd for that their great Persuasions of his singular Endowments without regard to the wary Cautions of scrupulous Prudence were the only measures of their Concessions They established his Prerogative to be absolute and uncontroulable in the choice of all Officers of State Counsellors and Judges and in and over all matters of Peace War Leagues Conventions and Parliaments with a distinct Exclusion of all Exceptions They added to his Revenue above double of what he formerly possessed They declared his ordering and disposal of Trade with Foreign Nations and the laying Restraints and Impositions upon Foreign Imported Commodities to belong to his Majesty and his Successors as an undoubted Prerogative of the Crown And that it might appear that they placed the Security of all their Interests more in the confidence of His Majesties Goodness than on the firmest provision of their best Laws tho' the Parliament in 1641. was held by King Charles I. then present in person and many Acts were there pass'd and subscribed by him for the setling their Religion and Liberties with all the Authority of Judgment that long and well-weigh'd Experience could furnish yet because their Luster seemed to be somewhat eclipsed by the harsh remembrance of some previous Contentions wherein it was their misfortune to have His Majesty differing from them at one blow they annull'd that Parliament and without any other reason
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
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
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
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
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
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
and as plain necessity and Reason had hitherto oblig'd the Convention to tread in their Footsteps so those Motives were at present most cogent for their continuance To this it was objected that the thing could not be done by Law seeing the Estates assembled in their own Right from absolute necessity and having already settl'd and surrender'd the Government they were defunct and dissolv'd and the King could no more turn the Meeting into a Parliament than he could at another time constitute a meeting of Men to be a Parliament without a lawful Summons and the Peoples Choice And moreover That Commissioners for Shires and Burroughs have onely their Commissions in the Meeting of the Estates and not in a Parliament And as for the Case of England that they had Presidents but Scotland had none To all which it was answer'd to begin with the last part first That Scotland had Englands practise for a President but that England it self had no President unless that of 1660. the lameest that ever was heard of for that there having been a Meeting call'd without the King and consisting only of a House of Commons when the King returned he added to it the House of Peers and turned it into a House of Peers without any Summons or other Formality And supposing that England might now alledge that for a President yet that Parliament 1660. had no President at all Secondly That it was true that the Estates by the surrender and settlement were defunct at least as to that point Yet what could possibly hinder why the Estates who had made so great a settlement That for to make all the work effectual King William should presently turn the Meeting into a Parliament For that certainly if the Estates had power as no doubt they had to mould and confer the Government as they had done they had power to do this also and indeed that they could not do it without a visible neglect especially seeing that as yet neither the Instrument nor the Commissioners were dispatched Thirdly Though this should be omitted yet the same reason of State and invincible Necessity the principal support of all their late proceedings did with the same force and Evidence require that the Meeting should be turn'd into a Parliament Fourthly That their could be no defect alledged for the Commissions for Shires and Burroughs but what would more strengthen the Argument against what was already done than against what was craved to be done But that in truth the Commissions were full enough beyond all exception Lastly There could be no Treaty about the Vnion without a Commission from King and Parliament So that unless the Treaty were turned into a Parliament the Treaty must for a long time be delay'd and postpon'd By the event it was evident that these Reasons overcame all Obstructions in this Affair for that within a few days after their Majesties had taken the Coronation Oath the King declared his pleasure for turning the Meeting of Estates into a Parliament and having nominated the Duke of Hamilton his Commissioner upon the last day of May sign'd his Commission And in regard that upon Their Majesties Acceptance of the Crown all Commissions Gifts and other Writs supscrib'd by the King were of necessity to be docketed and countersigned by the Secretary of State the King made choice of the Lord Melvil for that Office as being a Person that could never be induced to act in the former Raigns And in regard it was as necessary for him to have an Advocate he named Sir John Dalrimple one of three Commissioners for offer of the Crown to that Employment Moreover because as King of Scotland it was no less requisite for him to have a standing Privy Council His Majesty made choice of the following Persons to act in that High Station Prince G. of Denm D. of Hamilton Marq. of Douglass Marq. of Athol Earl of Drumlanrigg E. of Argyle E. of Crawford E. of Arrol E. of Marshal E. of Sutherland E. of Glencarn E. of Eglington E. of Cassels E. of Lowthian E. of Annandale E. of Tweddale E. of Leven Earl of Dundannald E. of Kintore Lord Yeasters L. Melvil L. Ross L. Cardross L. Carmichel L. Ruthen The Mast of Forbes The Mast of Melvil Sir James Dalrimple of Staire Sir John Dalrimple Sir John Melland Sir Hugh Campbil of Kaddal Skelmorley Polwart Laird of Grant The Privy Council thus chosen made it their first business to take care for the preservation of the Kingdom for the disturbance of which they had Intimation of several Machinations and Conspiracies Insomuch that about the beginning of June the Lord Tarbot's Son was seiz'd the Lord Levar and the Lord Dunmore committed to Custody with some Ladies also of Quality But while the Privy Council were thus prying into the secrets of these dark designs not being able to make any perfect discovery fifteen Men and two Women issued out of the Castle of Edinborough at that time not surrendred the Men having their Muskets Cockt and well charg'd with a brace of Bullets But they were all taken by the Guards that blockt up the Castle except one Woman that escap'd through the Noreloch and brought to the Duke of Hamilton About the Woman there was taken a Pacquet of Letters with many Keys and particularly the Keys of the outer Gate of the Castle and the Key of the Postern Gate Soon after the Woman that made her escape was also taken with a great many more Letters This seasonable discovery was of great Importance For thereby the Council came to understand who they were that were most deeply concern'd in the designs on foot for overturning the Government and the Methods and Instruments they made use of to bring it to pass Among the rest it was found out that many belonging to the Law were concerned and several of the Ministers that refused to pray for the King and the Queen Among the Ladies the Countess Dowager of Arrol was seized and brought up a Prisoner to Edinborough and committed upon this occasion A certain Messenger going in disguise like a Beggar to Viscount Stormont's House with a bag of Meal upon his Shoulders after he had passed several of the Centinels was at last stopped by one who putting his hand into the Bag among the Meal found several Letters and the sum of fifteen pound Sterling in Gold Those Letters discovered the Correspondent and her Orders for the distribution of the Gold among Dundee's Officers So that the Lady and the Gold were sent up to the Council who committed the Countess to prison and ordered the Gold to be employed for the Service of King William In the midst of these Transactions of the Council upon the 5th of June the Duke of Hamilton acquainted the States with his having a Commission sent him from the King to represent His Majesties person in the first Sessions of the Approaching Parliament and in reference to that particular briefly thus delivered himself That His Majesty had been
one time to be sold as Slaves in Virginy for no other Crime but their being apprehended at Conventicles and the ordering a Vessel at another time to be sunk in the Sea to the drowning of above fifty Persons against whom there was no other charge but their Integrity to God and the Protestant Religion were among others sufficient Instances of Arbitrary Tyranny enough to provoke an utter detestation of the Authors of the farther Miseries and Depopulations intended against those that remained It would be too tedious to make a Collection of the Violences and Oppressions of those Times and therefore let the following Epitome suffice to shew the wicked ways by which Popery and Tyranny labour to establish themselves For during those Years which were the severest Years of Arbritrary Power that ever Scotland felt tho Informing were a Trade then more encourag'd then in the Reign of Tyberius yet Multitudes were arraign'd without Informer or Accuser and whosoever appear'd not upon Citation were treated as Criminals Many of all Ranks were seiz'd and detain'd Months and Years without any signification of the cause of their Imprisonment However if the least shadow could be found to prosecute such as mislik'd their Arbitrary Courses the ruling Grandees precipitated their Process not allowing them time or means to vindicate their Innocency Inquisiitors were sent to all the Prisons and Citizens Houses to examine whom they pleas'd upon the most intricate Questions of Church and State-Government and if they refus'd to answer or gave dissatisfactory Answers it was enough for the foundation of an Indictment Others being seiz'd in the Crowd at Executions and some while they were visiting the Imprison'd were condemn'd and executed for refusing to justifie the severities of the grand Movers and disowning their Dagon of Non-resistance Spies were frequently sent to Prisons Cities and Countries who by dissembling their dissatisfaction at the Exorbitances of the Government drew forth Words from the most wary and so became fit Witnesses to take away their Lives The Judges themselves were active to suborn Witnesses against the Lives Estates and Honours of Worthy Peers and Patriots and often made use of Jurors and evidence that could not purge themselves of Prejudice and Partiality Many were indicted try'd condemn'd and executed all in one day and when intercession has been made for some time to prepare for Death the Answer was They should have no time to prepare for Heaven for that Hell was too good for them Some they hang'd early in the Morning to prevent the Peoples observation of their Cruelty and many times Drums were ordered to be beat about the Scaffold lest the Spectators should hear the dying Words of those that suffer'd Some were twice sentenc'd first to have their Ears cut off and then re-examin'd and sentenc'd to death I omit their imposing of Illegal Oaths and packing of Juries But what could be more perfidious then when some People had made a Candid Confession upon security of the publick Faith the Kings Honour and the Act and Oath of the Council that such their Confession should not prejudice them yet afterwards to bring the same Confession and give it in upon Oath against them Lastly Finding that Forms of Law and Tryals were too slow and troublesome to bring about their Popish Designs which required more hast and perceiving likewise that publick Executions tended but the more to confirm and multiply the Lovers of Religion and Liberty rather then to diminish and deter the D. and his Council found out a more compendious way of sending out their Souldiers who were empowr'd to challenge and examine whom they pleas'd and to tender them Oaths which were requir'd by no Law and to punish such by present Death who refus'd to swear or refus'd to answer their insnaring Questions which Bloody Commissions were so faithfully executed that within a few Weeks above fifty Persons were murder'd after this manner without Tryal or Conviction No wonder then seeing that by such Oppressions as these the Ancient Laws and Liberties of the Kingdom were not only invaded but an open attempt made for their utter subversion that a People exasperated by exorbitant Oppression and depriv'd the exercise of their belov'd Religion took those Methods which they thought might prove most successful to deliver them not only from bodily Bondage but the Thraldom of their Consciences Understanding therefore which course the Nobility and Gentry of England steer'd they thought it their best way to lay hold of the Opportunity and follow the same To which purpose as many of the Nobility and Gentry of Scotland attended His Highness the Prince of Orange in his Expedition for England so there were others that met him at London in order to make their Addresses to him according to the Pattern of the English And now the People in Scotland perceiving or at least full of hopes that their Deliverance was at hand as in all suddain Revolutions before there can be a settlement of those Disorders occasion'd by the causes of the Revolution the same Accidents fell out in Edinborough as happen'd in London It being the custom of the common Sort in those Interstitiums of Regular Rule to assume to themselves a kind of Carnival Liberty to indulge their two Passions of Joy and Revenge in the General Confusion which is the Rabbles Holiday Thus as in England no sooner had King James's Steers-men forsook the Helm of Government for fear of perishing in the Storm but the Mobile in Edinborough enter'd upon the Stage But the stress of their Fury fell upon the Pope and the Papists which was not a little incens'd by the Students of Edinborough College who mixing themselves with the Rabble to fortifie their Power notwithstanding all the care that was taken to prevent it effected their Design To which purpose an Effigies of the Pope being ready prepar'd was brought to the Market Cross of the City so soon as Day-light was shut in and blown up in the Air above four Stories high which made many believe that riper Heads then those of Boys were concern'd in the Action many People being pleas'd with the counterseit show of what they could wish were done in reality Two days after as if they had be-thought themselves that they had not done legally to burn the Pope before due conviction they went to the Parliament House crying out No Papist No Papist as they passt by the Guard and getting into the House the chief of the Multitude taking their places to retrieve and justifie their mistake they arraign'd his Holiness before his Judges and gave him in charge to a Jury who brought him in Guilty upon which he was sentenc'd to be burnt and so the over-sight being made good they declared for a Free Parliament Nor did these Tumults cease for many days among the Boys who at another time got up to the Market Cross proclaim'd a Free Parliament and offer'd two thousand pounds for Melfords Head And then it was that upo the 25th of
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
effecting of them for the encouraging of their Complices and for the discouraging of all good Subjects have published That the Queen hath brought forth a Son though there have appeared both during the Queens pretended Bigness and in the manner in which the Birth was managed so many just and visible grounds of suspition that not only We our selves but all the good Subjects of those Kingdoms do vehemently suspect that the pretended Prince was never born by the Queen And it is notoriously known to all the World that many both doubted of the Queens Bigness and of the Birth of the Child and yet there was not any one thing done to satisfie them or to put an end to their Doubts And since our dearest and most entirely beloved Consort the Princess and likewise We our selves have so great an interest in this matter and such a Right as all the World knows to the Succession of these Kingdoms which those Men have attempted to violate for preventing of all redress of Miseries by the lawful Successors of the Crown Educated by the good Providence of God in the true profession of the Protestant Religion We cannot excuse our selves from espousing the true interest of these Nations in matters of such high consequence and from contributing all that lies in Vs for the defence of the Laws and Liberties thereof the maintaining of the Protestant Religion in them and the securing the People in the enjoyment of their just Rights But that Our Intentions may be so manifest that no person may doubt or pretend to doubt thereof to excuse themselves from concurring with us in this just Design for the Vniversal Good of the Nation We do Declare that the freeing that Kingdom from all hazard of Popery and Arbitrary Power for the future and the delivering it from what at the present doth expose it to both the setling of it by Parliament upon such a solid Basis as to its Religious and Civil concerns as may most effectually redress all the abovementioned Grievances are the true Reasons of our present undertaking as to that Nation And therefore We perswade Our selves that Our Endeavours to give the best Assistance We can for the Relief of so distressed a Kingdom shall not only not be misconstrued but shall also be accompanied with a chearful and universal Concurrence of the whole Nation that even those who have been Instruments for the enslaving of it will now shew their dislike of what they have done by their timous and seasonable diligence for its rescue And that if any shall not give us that Assistance which their Conscience to God and their Respect to their Country oblige them to they shall be justly charged with all the Evils that may be the effects of such a want of their Duty And as We Our selves desire to trust to the Almighty God alone for the Success of Our Arms so we expect all good Men that they will apply themselves most earnestly to him for his blessing upon Our Endeavours that so they may tend to the Glory of his Great Name to the Establishment of the Reformed Churches and to the Peace and Happiness of that Kingdom Given under our Hand and Seal at our Court in the Hague the Tenth of October in the Year of our Lord 1688. William Henry Prince of Orange By His Highnesses special Command C. HVYGENS So soon as this Declaration came to be divulg'd in Scotland the Generality of the Nation soon concurred to joyn against the common Adversaries of their Laws and Religion and to throw themselves into the Protection of the most generous of Princes whom they saw more sollicitous for their welfare and prosperity then mindful of the Hazards into which he engaged his Person to redeem them from the Yoak of their Oppressors His Highness therefore being arriy'd at St. James's the Scotch Nobility and Gentry waited upon him upon the Seventh of January being the day by his Highness appointed for them to attend him So soon as they came his Highness made them a short Speech to let them know That the only reason which induced him to undergo so great an undertaking was that he saw the Laws and Liberties of the Kingdoms overturn'd and the Protestant Religion in imminent danger and therefore seeing there were in Town so many Noblemen and Gentlemen he had call'd them together that he might have their Advice what was to be done for securing the Protestant Religion and restoring their Laws and Liberties according to his Declaration So soon as his Highness retir'd the Lords and Gentlemen went to the Council Chamber at Whitehall and after they had chosen Duke Hamilton their President they fell into Debate what Advice was fit to be given to his Highness upon those weighty Proposals which he had made them and after some hours Deliberation they agreed upon the Heads of what they intended and appointed the Clerks together with their Assistants to draw up in writing what the Assembly thought expedient to propound to his Highness and to bring it to their next Meeting in the Afternoon The next day being Tuesday the eighth of January the writing was brought into the Assembly of Lords and Gentlemen and after some time spent in considering the fittest way to convene a General Meeting of the Estates of Scotland at length they agreeed and appointed the Advice to be written fair over according to the Amendments But as they were about to depart for that time the Earl of Arran proposed to the rest as his Advice That they should move the Prince of Orange to desire the King to return and call a Free Parliament as being the best way to secure the Protestant Religion and Property and to heal all Breaches which seem'd to dissatisfie the whole Meeting even Duke Hamilton himself though he were Father to the Earl But the Assembly breaking up there was then no farther notice taken of it The next day being Wednesday the ninth of January they met again in the Council Chamber at what time Sir Patrick Hume remembring the Proposal made by the Earl of Arran desir'd to know if there was any person present who would second it But no body appearing to do it he said That what the Earl had propos'd was evidently opposite and injurious to his Highness the Prince of Orange's Undertaking his Declaration and his good Intentions of preserving the Protestant Religion and of restoring their Laws and Liberties therein express'd and further desir'd the Meeting to declare the same to be their Opinion of it The Lord Cardross seconded Sir Patrick Humes's Motion but then it was answered by Duke Hamilton President of the Assembly That their business was to prepare an Advice to be tendred to the Prince and the Advice being then ready to be put to the Vote there was no need that the Assembly should give their Opinion of the Earls Proposal which neither before nor after Sir Patrick's Motion any of the Company had pretended to own or second so that it was
far humbled as from a proud insulting Enemy to become a Suppliant for Peace well foreseeing that if England joyn with those other Princes whom his Insolence Cruelty and Avarice have so justly Arm'd against him his ruine is inevitable Lastly I beseech you consider what persons they are that would instill this poyson into yee Either such as postponing the Common Good of the Nation are wholly acted by Self-Interest considering that in a Government where Justice and Mercy equally flows Vertue and Merit not Villany will be rewarded Or such as being ignorant of the Nature of Government never examin'd what measures the Law of Nature and Nations have set to Mens Obedience Or such as have been Instrumental toward the enslaving their Country and are afraid if they be call'd to an Account that they must be brought to condign Punishment If such cannot succeed in their designs they hope at least to be overlookt in the General Confusion and if Heav'n fail them they summon Hell to their Aid Not that Love to their Prince but Interest drives those Criminals to such Attempts so that 't is no wonder they take so much pains to sow Division among us But no person of Wit and Judgment nor any good Man truly Protestant will suffer himself to be so grosly imposed upon by such Firebrands who would build their future Imaginary Greatness on the Ruine of our Religion Laws and Countrey Being thus settled to their business for the greater security of their Sitting because of the vast concourse of People from all parts of the Kingdom who were generally arm'd it was thought requisite for the prevention of tumult and disorder to Command all persons from the Town that were not Inhabitants or Retainers to the Members of the Convention In the mean time the Lords having acquitted themselves of their Commission the following Paper was sent from the Duke of Gourdon and read the next day in the Meeting wherein he gave them to understand That he was willing to comply with the Commission he received by the Earles of Lothian and Tweddale as to his removal from the Castle of Edinborough though he could not do so as a Papist that being dangerous and he not convicted For that he hoped that his being in Employment without taking the Test contrary to an Act of Parliament was no Conviction of Popery To this he added That he had received not long ago a Letter from the Prince of Orange desiring he would leave the Castle which he promis'd to do but expected some reasonable things to be first granted to himself and Garrison He hop'd he had not merited so ill of his Country as that he might not be trusted with the Castle until a Return came to that Letter which he expected every Hour But if that could not be granted barely on his promise not to molest or harm any Person especially those of that Illustrious Assembly He proffer'd Hostages of Bayl to the value of Twenty Thousand Pound Sterling for his Peaceable Deportment Otherwise he expected before his removal First a General Indemnity for himself and Friends both Protestants and Papists as likewise absolute security for their Lives and Fortunes in time coming and assurance the same should be ratify'd in the next Parliament Secondly Security for all Protestants in the Garrison who design to stay in it to continue in their Employments and for himself and those who should go out with him either Protestants or Papists to go beyond Sea or to remain within the Kingdom as their occasions should lead them Lastly That the Garrison should be paid off all by-gone Arrears and have Liberty to dispose of their Goods within the Castle as they pleas'd The Convention was quick in their Reply and agreed upon certain Resolves which were sent away forthwith to the Duke to this effect That the Meeting of Estates having consider'd the Paper given in and subscrib'd by the Duke of Gourdon in Answer to their Order did declare That it was not the Mind of the Meeting that the Dukes officiating as Governour of the Castle of Edinborough or any other Imployment or his quitting his command at that time should import any acknowledgment or Conviction against him or those under his Command of his or their being Papists That it was likewise resolved That the Covention would not allow of the Dukes keeping the Castle upon Promise Bail or Hostages until he got a Return of the Letter written by him to the Prince of Orange Then it was farther Resolved That the Indempnity offered by the Meeting of the Estates should only extend to those belonging to the Garrison and their Servants either Protestants or Papists that the Persons who were to have the benefit of the said Indempnity should be named expresly if the Duke desir'd it and that the Indempnity to be granted by the Meeting should have a Clause Inserted that it should be ratified in the next Parliament And as to the last Article It was moreover Resolved That those of the Garrison who were pleased to retire with the Duke should have leave either to go out of the Kingdom or stay in it as they should think fit and should have Liberty to dispose of their Goods and have safe Conduct granted them for that Effect if the same were desired before the dissolution of the Meeting of the Estates But that they should not take out with them any Arms Ammunition or Store but what they should make out to belong properly to themselves And lastly That it was agreed by the Convention That the Officers and Soldiers should be paid their Arrears Nevertheless that the Meeting refused to give them Assurance of their being continued in Employment But notwithstanding these Condescentions for the Convention was willing to have bin rid of such a suspitious Neighbour at any Honourable rate the Duke of Gourdon who was not ignorant of their Fears return'd an Answer to these Resolves so full of new and Extravagant Demands that the Convention was fully satisfied that the Duke was only trifling with them as he had done with His Majesty of England to gain time For King William and Queen Mary had bin Proclaim'd at London ever since the Thirteenth of February before So that the Convention perceiving the Dukes design which was to keep off in expectation of some Attempts which would be made in Scotland in behalf of the late King James and of which he was desirous to see the Issue They order'd the Heralds with the usual Solemnities to Summon him to surrender the Castle under the Penalty of Treason and to proclaim him Traytor in case of refusal and to forbid all people to have any Correspondence with him Which was accordingly performed and Orders also given to block up the Castle Soon after a Letter was deliver'd to the Convention by one Crane who went under the Notion of a servant to the late Queen in France But the Lord President acquainted the Members at the same time that there was a Letter also
the 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
that about three hundred of the Rebels were slain and not above thirty of Cleelands men in all and the next day some parties that were sent to the Assistance of those who had fought so bravely going out to scowre the Country found several dead bodies of the Rebels strew'd about the Country which made it believ'd that the Slaughter of the Rebels was much greater than it was said to be This defeat of the whole Body of the Rebels created a great dislike of Colonel Cannons conduct among the Highlanders and so discouraged the whole Party that this defeat being given toward the latter end of August by the tenth of September the Lords of the Council had work enough to receive the Submissions of the Highland Lairds and Heads of Clanns who came in and took the Benefit of the Act of Indempnity as did also the Earl of Callendar Lord Duffus and Lord Levingston who took the Oath of Allegiance and gave security for their peaceable Behaviour And as for Colonel Cannon himself he lost his Reputation among the Highlanders to that degree that after he had long lain lurking about Innerlochy to no purpose they told him to his Face they would not any longer obey his Orders as being a man that neither understood their Language nor had any Interest or Fortune in their Country and in a few Nights after robbed him of all he had breaking open his Trunks and taking away his Cloaths and his Money not sparing his purse of Gold wherein he had fourscore Louis d'Or and two and twenty Guinies So that after such bad Usage he thought it his best way to retreat into Ireland with all the Secrecy he could not believing his Life secure among such a barbarous and Thieving Generation of People but for all that he did not go All this while the common Course of Justice in the usual Trials at Law had been at a stand partly through the combustions occasioned by the Viscount of Dundee partly through the Parliaments insisting upon their priviledge of approving the persons nominated for Lords of the Sessions by the King and the Right of choosing the President which they alleadged was to be done by the Members of the same Court But the Troubles of the Rebellion being over and the Parliament before their Adjournment having sent to know the Kings Pleasure in so weighty a Concern his Majesty sent a Letter bearing date the First of October to his Privy Council by whom all matters of State were now transacted signifying That whereas the Estates of Parliament had thought fit to stop the opening of the Signet for some time till he should signifie his pleasure concerning the Nomination of the Lords of the Session therefore upon serious consideration of the Matter and the great Inconveniencies that would arise to his Subject by so long a surcease of Justice he had resolved to make up a compleat nomination of the Lords of the Session and to have the Signet opened that Justice might have it's Course To which purpose he required and authorised his Privy Council to issue forth a Proclamation to certifie the People that the Sessions would sit at the Ordinary time being the first of November ensuing declaring withal that the Sessions should then sit and proceed in the Administration of Justice and for the dispatch of Processes renewed in His and the Queens name and that the Signet should be open at the same time for the expediting of all Summons and Writs in common Form By the same Letter the Privy Council were ordered to give notice to the Lords that had been formerly nominated whose Oaths had been taken by the Earl of Crawford by His Majesties special Order to give their Attendance for the passing Bills of Suspension and all other Bills according to the common Form And whereas Sir James Dalrimple President of the Colledge of Justice and Sir John Baird whom the King had restored to his place and Mr. Alexander Scomtown of Marsington had been tryed as to their Qualifications required by the Acts of Parliament and were accordingly admitted the Privy Council was therefore commanded to appoint them or any two of them to examine the Qualifications of the other persons nominated by His Majesty and to admit them if they found them qualified according to the Acts of Parliament In pursuance of this Letter a Proclamation was issued forth and the Lord Newbaith being called in before the Privy Council took the Oath of Allegiance as one of the Lords of the Session and at the same time both he the Lords Armstown Crossrig and Mersington were ordered to attend the passing the Bills of suspension and the Lords Newbaith and Mersington appointed to examine the rest of the Lords which had been nominated by the King So that in a few days before the end of October the number of the Lords of the Session was fully compleated and were The Lord Stairs President or Lord Chief Justice Lord Newbaith L. Mersington L. Holcraig L. Armstown L. Crossrig L. Arbruthel L. Philiplaugh Lord Fountain-Hall L. Phesdo L. Presmennen L. Ranhillor L. Anstrather L. Steenstown L. Revelrig About the Beginning of December ensuing the several Great Officers of State received their Commissions For the great Seal The Duke of Hamilton Earl of Argyle and Earl of Southerland For the Treasury The Earl of Crawford Earl of Cassils Earl of Tweddale Lord Ruthven Mr. of Melvin For the Privy Seal Lord Belhaven Master of Burleigh Sir Thomas Barnet of Leighs Laird of Parkhay The Earl of Lowthian was made Justice General or Supreme Judge of the Criminal Court The Laird of Cesnoch Lord Justice Clark or Assistant to the Justice General and Sir John Dalrimple was made Lord Advocate The Lords Aberuchel Rankillor Fountain-Hall Phesdo and Crossrigg were made Commissioners of the Kings Justiciary Which Court being opened the first time since the Revolution upon the Twenty seventh of January the Earl of Lowthian express'd himself in a Learned Speech to this effect In the first place by way of Excuse He acknowledged That when he considered the Hight Station wherein His Majesty had placed him the greatness and weight of the Affair and his own want of Experience and many other unfitnesses nothing so much assur'd him as to see such persons so eminent for their Abilities their Integrity and skill in the Laws and Constitutions of the Kingdom to be Assessors with him in the same Court That nothing could be of more Consequence toward the Establishment of the Crown the Peace and flourishing of the Nation and calming the Minds of the People than the Assurance of Impartial Justice which he was perswaded would by the choice of their Lordships have the desir'd Effects He desir'd not to make reflections upon past Miscarriages otherwise then as to be a Beacon to keep men from making Shipwrack upon the same Rocks That the Corruptions of Mankind did often compel Justice it self to incline more to severity then were to be wish'd yet that it ought
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