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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A92548 The declaration of the Estates of the kingdom of Scotland, containing the claim of right and the offer of the crown to Their Majesties, King William and Queen Mary: together with the grievances represented by the estates; and Their Majesties oath at their acceptance of the crown. Scotland. Convention of Estates. 1689 (1689) Wing S1217A; ESTC R232191 6,093 11

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Civil and Military the thrusting out Protestants to make room for Papists and the intrusting Papists with the Forts and Magazines of the Kingdom are contrary to Law. That the Imposing Oaths without Authority of Parliament is contrary to Law. That the giving Gifts or Grants for raising of Money without the consent of Parliament or Convention of Estates is contrary to Law. That the imploying the Officers of the Army as Judges through the Kingdom or Imposing them where there were Heretable Offices and Jurisdictions and the putting the Leidges to death summarly and without Legal Tryal Jury or Record are contrary to Law. That the Imposing of extraordinary Fines the exacting of exorbitant Bale and the disposing of Fines and Forfaultures before Sentence are contrary to Law. That the Imprisoning Persons without expressing the Reason thereof and delaying to put them to Tryal is contrary to Law. That the causing Pursue and Forefault Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probation as particularly the late Earl of Argile are contrary to Law. That the Nominating and Imposing the Magistrats Councils and Clerks upon Burghs contrary to their Liberties and express Charters is contrary to Law. That the sending Letters to the Courts of Justice Ordaining the Judges to stop or desist from Determining Causes or Ordaining them how to proceed in Causes depending before them and the changing the nature of the Judges Gifts ad vitam aut culpam into Commissions durante beneplacito are contrary to Law. That the granting Personal Protections for Civil Debts is contrary to Law. That the forcing the Leidges to Depone against themselves in Capital Crimes however the punishment be restricted is contrary to Law. That the using Torture without Evidence in ordinary Crimes is contrary to Law. That the sending of an Army in an Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law. That the Charging of the Leidges with Law-borrows at the King's instance and the Imposing of Bonds without the Authority of Parliament and the Suspending Advocats from their Imployments for not Compearing when such Bonds were offered were contrary to Law. That the putting of Garrisons in privat Mens Houses in time of Peace without their consent or the Authority of Parliament is contrary to Law. That the Opinions of the Lords of Session in the two Cases following were contrary to Law viz. 10. That the concealing the demand of a Supply for a Forefaulted Person although not given is Treason 20. That Persons refusing to discover what are their privat Thoughts and Judgments in relation to points of Treason or other mens Actions are guilty of Treason That the Fyning Husbands for their Wives withdrawing from the Church was contrary to Law. That Prelacy the Superiority of any Office in the Church above Presbyters is and hath been a great and insupportable grievance and trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Priviledge of the Subjects to Protest for Remeed of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop Execution of these Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitioning are contrary to Law. That for Redress of all Grievances and for the Amending Strengthning and Preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do Claim Demand and Insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any wise to be drawn hereafter in Consequence or Example but that all Forefaulturs Fines loss of Offices Imprisonments Banishments Pursuits Persecutions Tortures and rigorous Executions be considered and the Parties Lesed be Redressed To which Demand of their Rights and Redressing of their Grievances they are particularly encouraged by his Majesty the King of England His Declaration for the Kingdom of Scotland of the day of October last as being the only means for obtaining a full Redress and Remedy therein Having therefore an entire Confidence that His said Majesty the King of England will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here Asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland Do Resolve that WILLIAM and MARY King and Queen of England France and Ireland Be and be Declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to Them the said King and Queen during Their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by Him the said King in the Names of the said King and Queen during their Joynt Lives and after their Decease the said Crown and Royal Dignity of the said Kingdom to 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 failling to the Heirs of the Body of the said WILLIAM King of England And they do Pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be Taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law in stead of them and that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated The OATH 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. And the Estates Do Ordain That this Declaration be Ingrossed in Parchment and Recorded in the Register Books of Parliament Follows the Grievances Represented by the Estates of the Kingdom of SCOTLAND to the KING' 's most Excellent Majesty to be Redressed in PARLIAMENT THE Estates of the Kingdom of Scotland Do Represent That the Committee of Parliament Called the Articles is a great Grievance to the Nation and that there ought to be no Committees of Parliament but such as are freely Chosen by the Estates to prepare Motions and Overtures that are first made in the House That the first Act of Parliament 1669. Is inconsistent with the Establishment of the Church-Government now desired and ought to be Abrogated That Forefaulturs in prejudice of Vassals Creditors and Heirs of Entail are a great Grievance That the obliging the Liedges to