THE HISTORY OF THE AFFAIRS 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 happened thereupon, and the Transactions of the CONVENTION and PARLIAMENT to Midsummer, 1690. With a full Account of the Settling of the Church Government there. Together with the Act at Large for the Establishing of it. Licenced and Entered according to Order. LONDON, Printed for Tho. Salusbury at the sign of the Temple near Temple-Bar in Fleetstreet, 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 Ladyship, in hopes the Subject of it will be acceptable to a Personage so eminently famed, 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. 'Tis 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 Ladyship shall vouchsafe to do with an Eye of favour upon this unworthy Offering, it is the chief Happiness aspired to by Madam Your Ladyship's most faithful and most Humble Servant. T. S. TO THE READER. PRovidence overrules all Things: but never any Act of Providence, so strange and so surprising, as the great Revolution that so lately happened in the two Kingdoms, of England and Scotland. A Revolution not to be paralleled in History, but seasonable to the British Monarchy, the Glory whereof was almost brought to Ruin 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 than in England. For it is too evident that all the Laws, Privileges and Rights of the Kingdom of Scotland had under the late Reigns, been not only encroached upon, but subverted and Overthrown. In regard that by the gradual enlargements of the Prerogative, beyond what was allowed by the Laws of the Constitution, and the Statutes of the Realm, the Legal and Regular Monarchy of the Nation, was swelled 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 enjoyed. No wonder than 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 unparallelled Success, and the General Advantage of all Europe. It was no easy Thing to reduce into Order a Chaos of Government, so dismally mangled and confused, which being so great a Work and brought to so much Perfection in so short a Time, as it shows the Extraordinary Zeal and Prudence of the Artificers; so did it no less magnify the Influences that governed 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 Emperors 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. Under 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 account 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 itself, 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 wished 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 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 Majesty's 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 passed, and subscribed by him, for the settling their Religion and Liberties with all the Authority of Judgement, that long and well-weighed 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 annulled that Parliament, and without any other reason or distinction, rescinded all its Proceed. Lastly, to testify their unparallelled 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 surrendered; although the Nation, since its first restoration from Popery, had in a manner continually opposed 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 ensued, 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 overprizing his Work, he rendered himself at length obnoxious; so that upon the mutual Jealousies between the Duke, though then but Earl of L. whom he caused to be sentenced uncapable of public 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, obtained 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 called for by the King, to march to any part of his Dominions of England, Scotland or Ireland for the suppressing of any Foreign Invasion, Intestine Trouble or Insurrection, or for any other Service wherein the King's Honour, Authority or Greatness might be concerned; which though it were looked upon as too superfluous in the Expression, and too suspicious in the Distinctions; yet such was the Style and Humour of those times, as easily shrouded it from particular notice. But what L. who was the chief Contriver of it, intended by it, succeeding time sufficiently discovered. For now the Parliament being Dissolved, the new-erected Bishops, finding themselves so numerously guarded, and Authorised by the Laws so lately made, drove on like Jehu's, during the years 64, 65, and 66. enforcing Conformity at such a rate, that in all probability, had not the Earl of Twedale and Sir Robert Murray stepped 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 aimed at, from the Date of which Commission the Scots are said to calculate the date of all the ensuing mischiefs that caused the same Revolution in that Kingdom, as in England: For having undertaken to make the King's Power Absolute and Arbitrary in Scotland, he strained the Royal Prerogative to all the Excesses imaginable. Coming therefore into Scotland, he assumed 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 control of other Men's Officious meddling, then distrusting his own Abilities, he took particular care and caution to make himself his Majesty's 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 disposed 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 itself 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 enrich Himself, his Kindred and Favourites; and where the Law gave any stop, the King's 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 Privileges, and other dreadful Miseries, the Concomitants of Tyrannic Rule; which occasioning loud Complaints without redress, drive the Oppressed to Insurrection and Rebellion; many times wished for by some Tyrants that they may have an opportunity to destroy. Insomuch that the Rebellion which was quelled at Bothwel-Bridge, was deemed 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 ruined 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 Coin 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 Friend's Business, though the People suffered all this while. But that which L. most valued himself upon, was his obtaining a Confirmation of the King's Supremacy over all Persons, and in all Causes within the Kingdom of Scotland; and by virtue 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 enroled, should be particularly reserved for that Employment; and that the Officers and Soldiers should take the Oaths of Allegiance, which in Scotland comprehends that of Supremacy; Which being done in the Year 1672. when the Cabal at Court for the advancement of Popery and Arbitrary Power was in its Ascendent, and Matters were come to a manifest Crisis, was a shrewd Argument, that L. was deep in the Plot. Nor was his Administration in Church Affairs less grievous and terrible to the Nation. For that after the extreme Distress, where into the Episcopal Persecutions had brought the Country, had moved the Compassion of some more moderate Persons to obtain for it the ease of a small Indulgence in 1669. L. in 1670. commands Conformity again, prohibiting Praying to God in any Meeting, or Preaching without Licence under Forfeitures of Life and Confiscation of Goods: And by other Acts enjoining all the King's Subjects to keep to their own Churches, and to make discoveries upon Oath of what Conventicles they knew, and what Words they heard spoken therein, under the pains of Banishment and Imprisonment. All which the People looked upon to be a Tyranny beyond that of the Inquisition. Nor is it in the last place to be omitted, that he had also enlarged the Power of the Lords of the Articles, to the subversion of the Rights and Privileges of the Parliament. So that his Administration was not only Cruel and Tyrannical, but he had in a manner overturned the whole Frame of the Scotch Government. However, after he had thus served and assisted in the Popish and Arbitrary Designs then on Foot, both to his own Infamy, and greatly to the depopulation of his Country; yet because he demurred to act on still for the eradication of Protestantism, and erecting Popery to be the National Religion, he was discharged from his Ministry and Offices, and grew despised and contemned in his Person. And then it was that the D. of York retiring into Scotland, from the Dangers that threatened him in England, built upon the Foundations that L. had laid; and driving on in the concerns of Popery and Slavery with his wont Phaetonic Fury, thought to have completed his Work, but made way for the following Revolution. So soon as the Duke got into Scotland, a Parliament was summoned, and great Industry used to choose the Commons, to cajole some of the Lords, and to make D. Hamilton believe, and trust the Court for the future. And so soon as the Parliament sat, the Duke of York entered as his Brother's Commissioner without any regard to the Laws of the Realm, or the Qualifications necessary for taking the Oaths. However his Brother's Indulgence bore him out, and when he was in, he obtains the succession of the Crown to be confirmed by an Act, and gets a Test passed, by which all were to swear, not to endeavour to alter the Government either in Church or State; and all such as refused to take it, to lose their Employments. This Test was generally disliked, as not conformable to the Scotch Confession of Faith; several of the Scotch Synods rejected it, and many of the Laity refused it. Among the rest the E. of Argyle declined the taking it, unless he might make his own Explanation of the sense and meaning in which he took it. Which being at first allowed him by the Duke and his Party, yet afterwards when he had delivered in his Explantion, which was no more than what the Privy Council were forced to do for the satisfaction of the People; The Duke having a particular Animosity to his Person, and resolved to remove him out of the way as a Grand Obstacle to his Designs, caused his Interpretation to be scanned and sifted to that degree, with a particular encouragement to his Advocates to try whether it might not be wrested to Treason, that at length a latent piece of High-Treason was found in it, upon which he was Indicted, Arraigned and Condemned, and had been put to death, had he not made his escape out of Edinborough Castle. Popery than began to triumph barefaced in Scotland to that degree, that Mass-Houses were publicly erected both in Edinborough, and divers other Towns and Cities of that Realm, while the Protestant Non-conformists were every where punished with the utmost severity. And such was the Duke's inveterate hatred of those People, that in his public Declarations he stigmatised them as a sort of Caitiffs not fit for Human Converse; and scrupled not to testify his Resolutions to eradicate them for refusing to conform to his Will and Pleasure, as the Pests of Mankind: Affirming withal, that it would never be well with Scotland till all the Country on this side the Forth were made a Hunting Field. Which Rigorous, and indeed Inhuman Proceed in leaving these poor People at the Mercy of his Soldiers, to be not only disturbed in the Exercise of their Divine Worship, but to be Arraigned and Condemned by Military Judges, without any Form or Process of Law, wholly alienated the Affections of a great part of the Scotch Nation from his Person and Government. But the Duke encompassed with a standing Force, and encouraged by his continued Success in carrying all things before him, thought he could meet with no Obstruction which he could not Conquer, and therefore resolved to remove what ever Impediments that he found in his way. Which run him upon that no less Impolitic, then unjust and violent Prosecution of the E. of Argyle; for the taking away of whose Life, he could find no other pretence, but his refusal to take an ensnaring Test, which the generality of the Clergy and Laity refused: For if the whole Body of Refusers had had but one Neck; he might have cut it off for the same Reason, as well as the single Head of the Earl. Many others also were prosecuted and condemned at the same rate, for Crimes made such for their Destruction, rather than that they were really so. The citing Sir John Scot of Ancrum, and bringing him before the Council upon pretence of Treasonable Words alleged against him by an avowed Enemy; and which had certainly done his business, considering he was looked upon as a true Lover of his Country, had he not been so fortunate as to have four or five Persons of great Worth and Credit by, when the Words were pretended to have been spoken, who cleared and acquitted him: The seizing and putting to the Torture one Hamilton, merely because he was of the contrary Party, and consequently barely suspected; who nevertheless after his enduring his Torments, with an extraordinary Patience, was at length acquitted, and declared Innocent by the Justice Court; The putting under Bail or in Prison almost all the Honest Protestant Worthy Gentlemen, or forcing them to abscond, or withdraw out of the Kingdom, of whom the Lord Melvil was one, who never could be induced to act in public under the Government of the Duke, but was forced to abandon his Relations and Native Country, and fly into Holland, where, and in Germany he remained seven Years; The sending away of above sixty Men at one time to be sold as Slaves in Virginia, 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 show 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, though Informing were a Trade then more encouraged then in the Reign of Tiberius; yet Multitudes were arraigned without Informer or Accuser, and whosoever appeared not upon Citation, were treated as Criminals. Many of all Ranks were seized, and detained Months and Years, without any signification of the cause of their Imprisonment. However, if the least shadow could be found to prosecute such as misliked 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 pleased, upon the most intricate Questions of Church and State-Government; and if they refused to answer, or gave dissatisfactory Answers, it was enough for the foundation of an Indictment. Others being seized in the Crowd at Executions, and some while they were visiting the Imprisoned, were condemned and executed for refusing to justify the severities of the grand Movers, and disowning their Dagon of Nonresistance. 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, tried, condemned 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 hanged early in the Morning to prevent the People's 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 suffered. Some were twice sentenced; first to have their Ears cut off, and then re-examined and sentenced 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 public Faith, the King's 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 Trials were too slow and troublesome to bring about their Popish Designs, which required more haste; and perceiving likewise that public Executions tended but the more to confirm and multiply the Lovers of Religion and Liberty, rather than to diminish and deter; the D. and his Council found out a more compendious way of sending out their Soldiers, who were empowr'd to challenge and examine whom they pleased, and to tender them Oaths which were required by no Law, and to punish such by present Death, who refused to swear, or refused to answer their ensnaring Questions; which Bloody Commissions were so faithfully executed, that within a few Weeks above fifty Persons were murdered after this manner, without Trial 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 deprived 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 steered, 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 sudden Revolutions, before there can be a settlement of those Disorders occasioned by the causes of the Revolution, the same Accidents fell out in Edinborough, as happened 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' Steers-men forsook the Helm of Government, for fear of perishing in the Storm, but the Mobile in Edinborough entered upon the Stage. But the stress of their Fury fell upon the Pope and the Papists, which was not a little incensed by the Students of Edinborough College, who mixing themselves with the Rabble to fortify 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 prepared, was brought to the Market Cross of the City, so soon as Daylight was shut in, and blown up in the Air above four Stories high; which made many believe that riper Heads than those of Boys were concerned in the Action; many People being pleased with the counterfeit show of what they could wish were done in reality. Two days after, as if they had bethought 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 passed by the Guard; and getting into the House, the chief of the Multitude taking their places, to retrieve and justify their mistake, they arraigned his Holiness before his Judges, and gave him in charge to a Jury, who brought him in Guilty; upon which he was sentenced to be burnt, and so the oversight 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, proclaimed a Free Parliament, and offered two thousand pounds for Melfords Head. And then it was, that upon 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 carried before them by the Under-Porter, bare, the Hautbois 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 Abbey, which is the King's House, wherein there was at that time a Popish Chapel, they had at first but course Entertainment: For the Chancellor of Scotland, though he found Edinborough too hot to hold him; yet such was his Kindness, being himself a Papist, for the Popish Relics which he left behind, that he gave particular order to one Captain Wallace to defend the Abbey with his Company; which the Captain with a true Papistical Zeal, readily undertook to do. So that when the Boys went thither, though without any other Arms then their Links and Battoons, upon their pressing too close upon him, the Captain ordered 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 answered in the same Language with the Boys. Thereupon the Council ordered a sufficient number of the Trained Bands to remove him by force; who accordingly fell upon Wallace, and constrained 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 pellmell into the Abbey, and burned all that they found in the Chapel, fired the Jesuits College, the Popish Printing-House, the Abbey Church; and in a word, all that they found in the Papists Houses, in the Suburbs and Cannigate; sparing nothing but what was purloined 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 resolved for France; and with that resolution, with all the secrecy imaginable, himself in Woman's Habit, and his Wife in Man's Apparel 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 Horseback, riding by Kirkalden, where the Seamen used to walk, called to them, and informed 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 Seamen, commanded by one Wilson, that had been a Buccaneer in Jamaica, furnished themselves with Muskets, and having got a light Boat, without any Provision, only a little Brandy, and without any order from any Magistrate, set sail immediately, and coming up with the Ship that Night, boarded her, and enquired 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 mentioned. Upon which they brought the Ship back, and carried the Prisoners, together with one Nicholson a Priest, and Regent of the College at Glasgow, to the Prison of Kirkaldy, from whence the Council ordered the Chancellor to be removed to Sterling Castle. The face of Affairs being thus altered 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 arrived 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 signified his Resolutions to be no less careful to restore the Laws and Liberties of Scotland, and to maintain the Protestant Religion there, than 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 welcome 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 itself ran thus: The Declaration of His Highness William Henry, by the Grace of God Prince of Orange, etc. 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 public 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: Upon 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, Liberty: and Customs. Upon 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 always affectionate to the Royal Family, and governed 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 Despotic and Arbitrary Power; which doth evidently appear, not only by the actings of Evil Counsellors in Power, but by the deliberate and express public 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 ourselves 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, Privileges 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 encroaching Privy Council; for although by the Laws enacted by the Authority of King and Parliament, it is expressly prohibited, that the Popish Religion should be professed, or Seminary Priests suffered 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 ordered 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 hindered 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 mere 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 men's Lives and Liberties, their Honours and Estates depend, yet those Evil Counsellors have subjected these to an Arbitrary and Despotic 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, Honours 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 burdened without any redress; in Imprisoning Gentlemen without any, so much as alleged, 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 Intercommoning went out against multitudes upon the slenderest pretexts, was involved so universally 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 satisfy 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 Proceed of those Evil Counsellors might be justified and supported, such a Declaration hath been procured by them, as striketh 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 persuaded 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 Protestant's from public 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 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 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 Queen's pretended Bigness, and in the manner in which the Birth was managed, so many just and visible grounds of suspicion, that not only We ourselves, 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 Queen's Bigness, and of the Birth of the Child, and yet there was not any one thing done to satisfy them, or to put an end to their Doubts. And since our dearest and most entirely beloved Consort, the Princess, and likewise We ourselves 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 ourselves from espousing the true interest of these Nations in matters of such high consequence, and from contributing all that lies in Us, 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 Universal 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 settling 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 persuade Ourselves 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 cheerful and universal Concurrence of the whole Nation, that even those who have been Instruments for the enslaving of it, will now show 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 Ourselves 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 Highness' special Command, C. HVYGENS. So soon as this Declaration came to be divulged in Scotland, the Generality of the Nation soon concurred to join 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 solicitous for their welfare and prosperity, then mindful of the Hazards into which he engaged his Person to redeem them from the Yoke of their Oppressors. His Highness therefore being arriyed at St. James', 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 overturned, and the Protestant Religion in imminent danger; and therefore seeing there were in Town so many Noblemen and Gentlemen, he had called 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 retired, the Lords and Gentlemen went to the Council Chamber at Whitehall, and after they had chosen Duke Hamilton their Precedent, 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 agreed, and appointed the Advice to be written fair over, according to the Amendments. But as they were about to departed 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 seemed to dissatisfy 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, remembering the Proposal made by the Earl of Arran, desired 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 proposed 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 expressed, and further desired the Meeting to declare the same to be their Opinion of it. The Lord Cardross seconded Sir Patrick Humes' Motion; but than it was answered by Duke Hamilton, Precedent of the Assembly, That their business was to prepare an Advice to be tendered to the Prince; and the Advice being then ready to be put to the Vote, there was no need that the Assembly should give their Opinion of the Earls Proposal, which neither before nor after Sir Patrick's Motion any of the Company had pretended to own or second, so that it was quite out of doors; besides that, the Vote of the Assembly upon the Advice brought in by their Order, would sufficiently decare their Opinion; which being seconded by the Earl of Sutherland and the Lord Cardoss, Sir Patrick acquiesced in it; and so the Assembly unanimously Voted the following Advice. To His Highness the Prince of Orange. WE the Lords and Gentlemen of the Kingdom of Scotland, assembled at your Highness' Desire, in this extraordinary Conjuncture do give your Highness our humble and hearty Thanks for your pious and generous. Undertaking for preserving of the Protestant Religion, and restoring the Laws and Liberties of these Kingdoms. In order to the attaining these ends, our humble Advice and Desire is, That Your Highness take upon You the Administration of all Affairs both Civil and Military; the Disposal of all the Public Revenues, and Fortresses of the Kingdom of Scotland, and the doing every thing that is necessary for the Preservation of the Peace of the Kingdom, until a general Meeting of the States of the Nation, which we humbly desire your Highness to call, to be holden at Edinborough the Fourteenth day of March next, by your Letters or Proclamation, to be published at the Market Cross of Edinborough, and other Head Boroughs of the several Shires and Stewarties, as sufficient Information to all concerned, and according to the Custom of the Kingdom. And that the publication of these your Letters, or Proclamation, be by the Sheriffs or Steward-Clerks, for the Freeholders', who have the value of Lands, holden according to Law, for making Elections; and by the Town-Clerks of the several Boroughs, for the meeting of the Burgesses of the respective Royal Boroughs to make their Elections at least fifteen days before the meeting of the Estates at Edinborough. And the respective Clerks to make Intimation thereof, at least ten days before the meeting of the Elections: And that the whole Elections and Members of the said meeting at Edinborough, qualified as above expressed, be Protestants, without any other exception or limitation whatsoever, to deliberate and resolve what is to be done for securing the Protestant Religion, and restoring the Laws and Liberties of the Kingdom, according to Your Highness' Declaration. Dated at the Council-Chamber in Whitehall the Tenth day of January, 1689. This Advice being subscribed by above Thirty Lords, and Fourscore Gentlemen, was presented, they being all present, by Duke Hamilton their Precedent at St. James 's, to his Highness the Prince of Orange, who returned them Thanks for the Trust which they had reposed in him, but desired some time to consider upon so important an Affair. Upon the Fourteenth of January His Highness met the same Lords and Gentlemen again at St. James', at what time he thus delivered himself: My Lords and Gentlemen, IN pursuance of your Avicen, I will until the Meeting of the States in March next, give such Orders concerning the Affairs of Scotland, as are necessary for the calling of the said Meeting, for preserving of the peace, the applying of the public Revenue to the most pressing Uses, and putting the Fortresses into the hands of persons in whom the Nation can have just confidence. And I do further assure you, that you will always find me ready to concur with you in every thing that may be found necessary for the securing the Protestant Religion, and restoring the Laws and Liberties of the Nation. At the same time the Eal of Crawfourd made it his Suit to His Highness, that himself, the Earl of Louthian, and others, who came to Town since the Advice was presented, might have the Liberty to subscribe it also; which was done accordingly. This Answer of his Highness gave great satisfaction to the Lords and Gentlemen, who tendered the Advice; so that every thing being prepared in order to the Elections, and the several Members being returned according to the Methods prescribed, the Convention, consisting of the Lords Spiritual and Temporal, and Commons of the Kingdom of Scotland, assembled at Edinborough the Fourteenth day of March, all in one House, according to the custom of that Realm. The Bishop of Edinborough said Prayers, in which he prayed to God to have compassion upon King James, wherein he did well, had he not gone on with his Supplications to restore him; however it shown the Temper of the Man. Upon the choosing of their Precedent and Clerks, the Bishops and some others were for the Marquis of Aihol to have been Precedent, but Duke Hamilton carried it by Forty Voices. The first thing they took into consideration was, the security and safety of their Sitting, in regard the City of Edinborough where they sat, was then at the mercy of the Canon of the Castle, which was in the hands of the D. of Gourdon, a Roman Patholick. Thereupon they passed an Act, That in regard the Duke of Gourdon, and some others of the Popish Religion under him, entrusted with the keeping of the Castle of Edinborough, were not qualified by the Law of this Kingdom, they did therefore grant a Warrant to the Earls of Lothian and Tweddale, to repair immediately to the Castle of Edinborough, and require both Him and others of his Persuasion there, in the Name of the States of the Kingdom, to remove out of the said Castle within twenty four Hours after the Intimation, and to leave the charge thereof to the next Commanding Officer, being a Protestant. And he and they doing the same, the Estates gave assurance, that he and they were and should be exonerated and secured as to any thing they have acted in that, or any other Station contrary to Law, as being Papists. While those Lords were doing their duty in pursuance of the Act of the Convention, the Meeting of Estates went on, and in the first place named a Committee of Elections, consisting of Fifteen; that is to say, five out of each State. This gave an occasion to a debate, Wither the Lords Spiritual were a distinct Estate, or only a part of the same Estate with the Lords Temporal? But in regard the House inclined to the Negative, the debate was let fall. However by the naming of this Committee, the people began to make a Judgement of the Meeting; for that of Fifteen which were of it, at least twelve were shrewdly supposed to be inclined to follow the methods of England; besides that the Houses rejecting a Protestation made against the Earl of Argyle 's sitting among them, till his father's Attainder should be reversed, was no small confirmation of what the people conjectured. But nothing more availed to give the people a true notion of the Noble designs of the Meeting, than the following Speech, which was spoken by a Member at the opening of the Convention; which being so well received as it was, was a clear evidence that they were not met to favour the Interest of King James. WE are now, said the Gentleman, called together by His Highness the Prince of Orange, to Consult and deliberate what methods will be most proper to secure our Religion, Laws and Liberties; in Order to which the first thing that will fall under our consideration, is the settling the Sovereign Power. I take it for granted that you are fully convinced, that King James the seventh, by his many violations of the Fundamental Laws, by his endeavouring to establish a Despotic and Arbitrary Power, and introduce Popery (though he himself had confirmed all the Laws that were enacted in favour of the Protestant Religion) has left us at a time when we needed his Protection most. The Eyes of all Europe are upon us, and it is in our power to make ourselves and our Posterity either happy or miserable, by making a choice either to call back K. James, and hazard once more all that men account dear, to his Mercy, or to settle the Government on some other, under whom we may live peaceable lives, without the perpetual Terror of being swallowed up by Popery and Arbitrary Government, which all good Men hoped were now banished; and yet behold a new offspring is sprung up, which eagerly pleads for both, under the mistaken names of Duty and Allegiance. 'Tis strange that any man can be so far degenerate as to prefer Slavery to Liberty, and that they should be so much in Love with chains, that when they were fairly shaken off, they should run furiously to find them again. As if the Ottoman and French Government were so charming in our Country, that we cannot live without it, though we have so lately groaned under the dismal burden of it. And it might have been supposed that even they who had been instrumental in the Enslaving their Fellow brethren, and were grown fat with sucking the Nations Blood, would have taken another method to reconcile themselves then by persuading us to purchase their safety, at so vast an expense as the ruin of more than three parts of the Nation. If we do but a little reflect upon the motives, which those men, blinded by self Interest, make use of to delude the Nation into a security, that wanted but very little of proving fatal to it, and compare them with the strong reasons we have to persuade us from being so imposed on, they will be found so weak and impertinent, that we may judge it next to impossibility, to suffer ourselves to be twice deceived. But if the experience of our former Miseries (the very thoughts of renewing which, cause all good men to tremble) has not made us wiser; and be not of Efficacy enough to deter us from venturing another Shipwreck, and exposing all again to the disposal of the Roman Catholics, 'tis more than probable that God has abandoned us to believe strong Delusions. They will eadeavour to persuade us that Kings are exempted from punishment here on Earth, and that nothing they do can be quarrelled by their Subjects, which indeed might be urged among the Turks, who reserve nothing from the power of their Sultan's, and where 'tis death to dispute his Commands though never so Arbitrary and Tyrannical. But with what impudence can such siuff be imposed upon us, who never admit our Kings to the Government, till they swear to Rule us according to Law and no otherwise? The Laws are the only security we have for our Lives and properties, which if our Sovereign's break, Subjects cannot be blamed, for making use of the ordinary means to preserve them; and since that cannot be done without withdrawing Obedience from such a Magistrate as goes about to destroy them, such an Act cannot be said to punish, because we take nothing from him to which he has a just claim, but only shun the occasion of making ourselves miserable. The Speculative Doctrine of Passive Obedience has done too much mischief among us, and what has befallen the King may be justly attributed to it, for the believing he might do what he pleased without Opposition, encouraged him to take those measures which have drawn all these Misfortunes upon him. Others are so fond as to believe they may be secure in calling back the King, provided they so limit him, that it may not be in his power to hurt them. But what Restrictions of our contrivance can bind the King? For most certainly they can never be voluntarily condescended to; and what is constrained and done by force, the Law declares to be null and void; to the assistance of which the Pope's dispencing Power being joined, would quickly blow up those Sampsons' Cords, and the Royal power would again revive with all its lustre and vigour. In the next place the King is of a Religion, that in a famous Council has Decreed, That there is no Faith to be kept with Heretics, much less with Subjects whom the King looks upon as so many Rebels, and will not miss to treat them as such, when ever they give him the Opportunity of doing it. Then we may lament our Miseries, but it will not be in our power to remedy them: For a Prince of Orange will not be always ready to rescue us, with such vast Expense, and so great hazard to his Person. Again, What Argument has the King given us, since he left us, that he will be more faithful in observing his Word and Oaths then hitherto he has been? Does he not in a Letter lately Printed here, expressly say he has Ruled so as to give no occasion of Complaint to his Subjects? Is not the same Letter signed by one who sacrificed both his Honour & his Conscience to Interest, whose pernicious and headstrong Counsels posted him to his Ruin, though all that has been done cannot make him sensible of it? Is K. James the seventh, by breathing the French Air, become less a Bigot to Popery? It were a Dream to fancy it. For so long as the Vatican Thunders out Excommunications against all that use not their utmost endeavours to extirpate Heresy, a Roman Catholic must have no Religion at all, if they be not terrible to him. But say they, the Peace of the Nation cannot be otherwise secured, nor Factions and Divisions be extinguished but by calling in the King. But what Factions do you observe but what they themselves foment on purpose to disturb our Harmony? All which would immediately die if the Government were settled on those who best deserved. For then if these Fops continued still fond of Tyranny and Popery they would be chastised as disturbers of the public Peace. If the King return we must burst out into a flame, and England that has already declared will quickly be upon us, an Enemy too Potent and too numerous for us, although we were united; besides that we cut off all hopes of a Union with that Nation, and deprive ourselves of an unspeakable Advantage, which would redound to all sorts of people, and would be the only means to support an impoverished and sinking Nation. The happy Success the Prince 's Enterprise has met with, has made a considerable alteration in the Affairs of Europe. For thereby the Great Enemy of the Protestants, and even of Christianity itself, is so far humbled as from a proud insulting Enemy to become a Suppliant for Peace, well foreseeing that if England join with those other Princes whom his Insolence, Cruelty and Avarice have so justly Armed against him, his ruin is inevitable. Lastly, I beseech you consider what persons they are that would instill this poison into ye. 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, Virtue and Merit, not Villainy will be rewarded. Or such as being ignorant of the Nature of Government, never examined what measures the Law of Nature and Nations have set to men's Obedience. Or such as have been Instrumental toward the enslaving their Country, and are afraid, if they be called 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 Heaven fail them, they summon Hell to their Aid: Not that Love to their Prince, but Interest drives those Criminals to such Attempts; so that 'tis no wonder they take so much pains to sow Division among us. But no person of Wit and Judgement, nor any good Man truly Protestant, will suffer himself to be so grossly imposed upon by such Firebrands, who would build their future Imaginary Greatness on the Ruin of our Religion, Laws and Country. 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 armed; 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 Earls 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 promised to do, but expected some reasonable things to be first granted to himself and Garrison. He hoped 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 proffered Hostages of Bail 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 ratified 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 bygone Arrears, and have Liberty to dispose of their Goods within the Castle as they pleased. 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 considered the Paper given in and subscribed by the Duke of Gourdon, in Answer to their Order, did declare, That it was not the Mind of the Meeting, that the Duke's officiating as Governor of the Castle of Edinborough, or any other Employment, or his quitting his command at that time should import any acknowledgement 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 Duke's 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 Indemnity 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 Indemnity should be named expressly, if the Duke desired it; and that the Indemnity 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 Condescensions, (for the Convention was willing to have been rid of such a suspicious Neighbour at any Honourable rate) the Duke of Gourdon who was not ignorant of their Fears, returned 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 been Proclaimed at London ever since the Thirteenth of February before. So that the Convention perceiving the Duke's 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 ordered the Heralds, with the usual Solemnities, to Summon him to surrender the Castle, under the Penalty of Treason, and to proclaim him Traitor 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 delivered to the Convention, by one Crane, who went under the Notion of a servant to the late Queen in France. But the Lord Precedent acquainted the Members at the same time, that there was a Letter also from His Majesty of England. Upon which a Debate arose about the reading of the Letters; at what time the Earl of Lothian moved, That since they were met at the Desire of his Majesty of England, they ought to give his Letter the Precedence; which being put to the Vote was carried in the affirmative; and the King of England 's Letter was read, the Contents of which were as follow: The Direction was, To the Meeting of the Estates of Scotland. My Lords and Gentlemen, WE are very sensible of the Kindness and Concern, which your Nation has evidenced toward Us and Our Undertaking for the preservation of your Religion and Liberty, which were in such imminent Danger. Neither can we in the least doubt of your Confidence in Us, after having seen how far so many of your Nobility and Gentry have owned our Declaration, countenancing and concurring with us in our Endeavours, and desiring Us, that We would take upon us the Administration of Affairs Civil and Military, and to call a Meeting of the Estates, for securing the Protestant Religion, and the Ancient Laws and Liberties of that Kingdom; which accordingly we have done. Now it lies on You to enter upon such Consultations as are most probable to settle You on sure and lasting foundations; which We hope you will set about with all convenient speed, with regard to the public Good, and to the General Interest and Inclinations of the People; that after so much Trouble and great Suffering they may live happily and in Peace; and that you may lay aside all Animosities and Factions that may impede so good a Work. We were glad to find that so many of the Nobility and Gentry, when here in London, were so much inclined to a Union of both Kingdoms, and that they did look upon it as one of the best means for procuring the Happiness of both Nations, and settling of a lasting Peace among them; which would be advantageous to Both, they living in the same Island, having the same Language, and the same common Interest of Religion and Liberty; especially at this Juncture, when the Enemies of both are so restless, endeavouring to make and increase Jealousies and Divisions, which they will be ready to improve to their own Advantage and the Ruin of Britain. We being of the same Opinion, as to the usefulness of this Union, and having nothing so much before our Eyes as the Glory of God, Establishing the Reformed Religion, and the Peace and Happiness of these Nations, are resolved to use Our Utmost Endeavours in advancing every thing that may conduce to the effectuating the same. So we hide you Hearty Farewell. From our Court at Hampton the seventh day of March, 1689. His Majesty's Letter being thus read, the next debate was whither the late King James 's Letter should be read or no. And here to remove all Heats and disputes, the Lord Lothian again stepped up and propounded an Expedient, to which the House agreed, That is to say, that before the reading of it, they should pass an Act, which should be subscribed by all the Members, That For as much as there was a Letter from King James the Seventh, presented to the Meeting of the Estates, That they before the Opening thereof declared and Enacted, That notwithstanding of any thing that might be contained in that Letter, for dissolving them or impeding their Procedure, yet that they were a Free and Lawful Meeting of the Estates, and would continue undissolved, until they had settled and secured the Protestant Religion, the Government, Laws and Liberties of the Kingdom. This Act was signed by the whole Meeting, except only six or seven; and then the following Letter was opened and read, overwritten, James Rex. My Lords and Gentlemen, WHereas we have been informed that You the Peers and Representatives of the Shires and Boroughs of that our Ancient Kingdom, who are to meet together at our good Town of Edinborough, some time in this Instant March by the Usurped Authority of the Prince of Orange, We think fit to let you know, That we have at all times relied upon the Faithfulness and Affection of You our Ancient People, so much that in our greatest Misfortunes heretofore, we had recourse to your Assistance, and that with good success to our Affairs: So now again we require of you to support our Royal Interest, expecting from you what becomes Loyal and Faithful Subjects, Generous and Honest Men, that will neither suffer yourselves to be cajoled nor frighted into any Action misbecoming truehearted Scotchmen. And that to support the Honour of the Nation, you will contemn the base Example of Disloyal Men, and Eternize your names by a Loyalty suitable to the many Professions you have made to us; in doing whereof you will choose the safest part, since thereby you will evite the danger you must needs undergo; the Infamy and Disgrace you must bring upon yourselves in this World, and the Condemnation due to the Rebellious in the Next; and you will likewise have the Opportunity to secure to yourselves and your Posterity the gracious Promises which we have so oft made of securing your Religion, Laws, Properties and Rights, which we are still resolved to perform as soon as it is possible for us to meet you safely in a Parliament of our Ancient Kingdom. In the mean time fear not to declare for Us your Lawful Sovereign, veraign, who will not fail on our part to give you such speedy and powerful Assistance, as shall not only enable you to defend yourselves from any Foreign Attempt, but put you in a Condition to assert our Right against our Enemies, who have depressed the same by the blackest of Usurpations, the most unjust, as well as most unnatural of all Attempts, which the Almighty God may for a time permit, and let the Wicked prosper, yet then must bring Confusion upon such Workers of Iniquity. We farther let you know, that we will pardon all such as shall return to their Duty, before the last day of this Month Inclusive; and that we will punish with the Rigour of our Laws all such as shall stand out in Rebellion against Us or our Authority. So not doubting that you will declare for us, and suppress whatever may oppose our Interest, and that you will send some of your number to us with an Account of your diligence and the Posture of our Affairs, We bid you Hearty Farewell. Given on Board the St. Michael, March the First, 1689. By His Majesty's Command. Melfort. This Letter being directed to Persons at that time sitting, who either lay under the Ignominy of his Attainders, or had else severely otherwise suffered either themselves or their nearest Relations the dilacerating stripes of his Tyrannical severity could not so soon forget the anguish of their Sufferings as to be sugared up into a Reconciliation, by the fair Promises of a Person that had lost the Reputation of being true to his Public Word. Besides that there was so little Majesty in the Style of the Letter altogether precarious, and answerable to the Lowness of his Condition, only like a plant at the latter end of Autumn putting forth some fruitless Buds of vain Assurances: So that as the one altogether slighted it, so those that were most inclined to favour it were altogether out of Countenance to see the Vanity of such an unseasonable Secretary Rhetoric. A Committee therefore was appointed to draw up an Answer to the King of England's Letter, but no man so much as moved for an Answer to that of King James; only the Man that brought it, begged a Pass to go to him in Ireland, where he landed the Twelfth of March, at the Port of Kingsale; the Messenger offering Security not to carry to him any Letters or Papers from any Person whatsoever. But neither would that be granted; on the other side he was first secured, then enlarged upon Bail, till at length, not thinking him worth the keeping, they dismissed him with a Pass instead of an Answer. Nor indeed could King James expect better, if he may be thought to hope for better, who had no more significant a Messenger to send to a Convention of Estates of a Kingdom, than something like a Gentleman Usher to his Queen. While the Answer to His Majesty's Letter was drawing, the Meeting fell upon other Business, and ordered a Proclamation to be issue forth for bringing in the Arrears of the Public Revenue. The first draught of this Proclamation did not please, purporting, That the Money was to be employed for raising Forces for securing the Protestant Religion; however after some debate, it was agreed that the Alteration should be made by leaving out the Words, For Raising Forces, and so it passed. This Proclamation was the more requisite to be one of their first Considerations, in regard of the great occasion which then they had to secure themselves, and beleaguer the Castle which still held out, to which purpose they were forced to make use of the City Trained Bands, and the Country Militia, which could not well be dismissed without pay or a Generous Gratuity. But then in pursuance of the main Affair which they were upon, of Addressing themselves to the King, they thought it but requisite, as a forerunner of what themselves intended to give their Approbation of the Address and Proceed of the Nobility and Gentry that had been at London, and had there made it their Request to His Highness, than Prince of Orange to take upon him the Administration of the Government; which was done with that Respect which the Occasion and Quality of the Persons Merited. And to show that they were not in the mean time unmindful of the Distresses of their Neighbours, upon reading some Letters from several Noblemen and Gentlemen in Ireland craving Assistance of Arms and Ammunition, Four Thousand Muskets, Two Thousand Fuzees, and Six Hundred Barrels of Gunpowder were ordered to be bought and sent away. At the same time the Meeting was informed that Viscount Dundee, had stolen the opportunity of a Conference with the Duke of Gourdon at the Postern Gate of the Castle, notwithstanding that the Convention had forbid all correspondence with him under the Penalty of Treason; more over that Dundee who now came no more to the Convention, was seen near the City with about fifty Horse. This somewhat alarmed the Convention, so that they immediately ordered him to be summoned; but understanding that he was Marched Westward toward Linlithgow, which was the Road to Sterling, and fearing lest he might have some design to surprise that Castle, which commands the Pass of Communication between the Northern and Southern parts of Scotland they ordered a Major with fourscore Horse to follow him; and the Earl of Marr, who was then Governor of Sterling Castle, was sent away by their Order to secure that Important Garrison, against any Attempt or surprise. And well knowing that small sparks many times kindle violent Conflagrations, therefore that they might be in a Posture to make opposition where ever the flame broke out, they ordered all persons from sixteen to sixty to be in a readiness to take Arms when the Convention should find it requisite for the public safety. Several suspected Officers of the Militia, were turned out, and others put in their places; and Sir Patrick Hume, who was excepted out of the late King's Indemnity, ordered to command the Militia Horse of his Country: And farther, that eight hundred Men should be Levied and Armed under the command of the Lord Leven; which was no sooner intimated, but the Men came in within two hours' time. Great care was also taken for the Western Countries that lie next to Ireland, where as in all other parts orders were directed for dis-arming the Papists, and settling the Militia in trusty Hands. But notwithstanding all this care and vigilance, and the extraordinary Unity of the generality of the Nation, the adherers to King James were not without hopes of having another game to play for their lost stakes. Which made Dundee still dance about the Country like a Winter Exhalation to entice unwary followers; which made the Duke of Gourdon, farther perhaps encouraged by some bouncing Promises from Ireland, to send, as he called them his last Proposals, and withal a Monitory Letter to the Convention, minding them to what Honours and Dignities K. James' Predecessors had advanced most or many of them to; and what marks of Royal Favour and Bounty he had conferred upon them, and which ought not to be forgot for the Errors and Miscarriages of poor four years' Reign; so that if they would allow him Liberty to go over into Ireland, he would endeavour an Accommodation between King James and the Estates of the Kingdom, to have Religion, Laws, Liberty and Property restored and established. But both the Admonition of the Duke and his undertaking were rejected with that scorn, that they would not suffer the Monitory to be entered in their Journals, to signify that they had either received or read it. His demands were, An Act of Indemnity for all Papists and Protestants that served under him in the Castle, and for four or five Priests: That he might be secured against all Strangers or Cameronians, by which he meant the Rabble, in and about the Town, at his coming out, and that he might have a Guard of forty Horses for a safe Convoy. The Convention, though they slighted his Monitories, yet desirous to have the Castle in their own hands, made answer to his demands, That they would give security to himself and others in their lives and fortunes, so far as they had acted as Papists; and that the Priests should have Passes to departed the Kingdom, upon condition never to return again. That he should have the Guard and Convoy he demanded till he were over the water to Brunt-Island: And that a like number of Guards should Convoy him from thence homeward, which should be disbanded within twenty four hours after his Arrival, he giving security to live peaceably, and not to disturb the Peace of the Kingdom. But notwithstanding he had thus all in a manner granted him that he desired, yet it seems upon certain intelligence of the late Kings Landing in Ireland, he thought fit to linger a little longer; and therefore sent another message soon after to the Convention, and the Magistrates of Edinborough, to acquaint them, that King James was arrived in Ireland, and therefore he would not surrender the Castle to the Estates, but would set up King James' Standard, and give the usual Volleys of Cannon; which he desired them not to be afraid of, or offended at: and accordingly he fired all his Cannon without Bullets, though to the great terror of those that lay under the Mercy of his Bullets. The Duke having thus laid aside all thoughts of surrender; the Besiegers went on with their Approaches, and the besieged managed their defence the best they could; though to give the Duke of Gourdon his due, he was so sparing to the City that he did not do the City half the mischief he might have done; notwithstanding that the besiegers threw their Bombs into the Castle, which strangely disfigured and ruined the Buildings within it. Nevertheless the Duke made no show of Capitulation since his last Monitory message of the 23d. of May till the 30th. of the same Month, at what time he beat a parley, and sent a Letter to the Lord Ross, desiring to speak with him about some important Affairs which he had to impart to his Lordship. With which the Council being acquainted, gave leave to the Lord Ross to meet the Duke upon the Castle Hill, but would not permit him to venture into the Castle; but the D. refused to meet him there, alleging, that he could not come out of the Castle to speak or treat with any Person. So that missing his design, whatever it were, he pretended that the old Registers were damnifyed, and therefore desired they might be removed. But that the Council refused, looking upon it as a contrivance to linger away time, to get an opportunity to cover the Bartisons and Roofs of the Houses with Earth; besides that in the removal of the Registers, Letters and other things might be conveyed to and from the Duke, advantages which they were resolved not to allow him. Till at length the Duke finding himself straitened on every side, and having no hopes of relief, besides that he destrusted the Soldiers in the Garrison, and saw the Trenches of the Besiegers advanced very near the Walls of the Castle, as also dreading the Mines which the besiegers had sunk under the Works, upon the 13th. of June beat a parley, and hung out a White flag; but the Officer who commanded in the Leaguer told him plainly, he would admit of no parley, unless it were to surrender the Castle, in regard he had so often deluded them with so many frivolous Treaties to no purpose. Upon which the Duke declared, that he would surrender the Castle upon Honourable Terms; only he desired to know whither he must Treat with the Officer commanding in the Leaguer, or with his Grace the Lord Commissioner? This point being settled the Duke of Gourdon insisted to have an Honourable capitulation; upon which Commissioners were sent up to Treat with him; but while they were debating together with the Duke upon the terms which he propounded, at first very high, and deemed by the Commissioners to be unreasonable, a certain Person ran suddenly into the Castle during the Truce, and delivered several Letters to the Duke, as it was supposed from Dundee, or else the late King in Ireland. The Commissioners being informed of this Action, require to have the Messenger delivered up to them; in regard that no man ought to have come into the Castle upon such Errands without their consent. This the Duke refused to do; alleging, That since the Person came to him, he was obliged to protect him. Upon which the Treaty being broke off, the Garrison fired both with their great and small snot all that night upon the City itself, and every other way where they imagined they could do mischief: insomuch that several persons were killed, others wounded, and some Houses were much prejudiced by the Cannon. But the next morning the Duke beat another Parley, and hung out a white Flag, so that Commissioners were again sent to Treat with Him; and this Treaty had so good an effect, that the Articles for the surrender of the Castle were agreed, and confirmed by the Privy Council; to the great joy and satisfaction of all good and honest men, but to the great trouble and grief of the disaffected party, who trusted much to this strong place, as being thought impregnable. Articles of Surrender, June 13th. 1689. I. That lieutenant-colonel Windram, Lieutenant-Governour of the Castle, shall submit himself to King William 's Pleasure, his Life being secured; And all the rest of the Garrison shall have their Lives, Liberties, and Fortunes secured, and Passes granted to those that will take Oaths not to bear Arms against the present Government. II. The Garrison is allowed to march out with their Swords and Baggage, belonging properly to themselves. III. That all the Gentlemen-Volontiers, Servants, and others within the Garrison, shall have the same Capitulation with the rest of the Garrison. iv That all manner of Persons shall have the Benefit of the first Article, who have kept Correspondence with the Castle, and who have not been in Arms, and being at present at Edinburgh, or in the same County, shall be Indemnified and have the benefit of this Capitulation. V That sick Soldiers shall have the Liberty to dispose of themselves as they think best, they behaving themselves as becometh. VI That all the Officers, Gentlemen, Servants and Soldiers, shall have the same benefit which others have, they Living peaceably. VII. A Considerable Post, within the Castle, shall be immediately, how soon security is granted to the Garrison for the above-written Articles, put in Possession of those Forces, under the Command of Major-General Lanier. After these Articles were confirmed by the Privy Council, the Garrison marched to the Hill before the Castle; where they laid down their Arms, and delivered up the Keys of the Castle, many thousands of people being got in heaps together to signify their joy in loud acclamations, and prayers for the preservation and happiness of King William and Queen Mary; as being now assured to live safely and quietly, and enjoy their Religion, Laws, Liberties and Properties during their prosperous Government. At the same time Three hundred Soldiers under the Command of Lieutenant-Colonel Mackey and Major Somervile marched in and took possession of the Castle; which was strangely battered and ruined during the Siege by reason of the great Execution that was done by the Bombs. It was said, that there was some difference between the Duke of Gourdon, the Governor, and Lieutenant Colonel Windram, who was Deputy-Governour of the Castle; the Duke inclining to have delivered it up before, but Windram urging still to hold it out. However at last the Duke and his party in the Garrison 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 happened during the Siege. 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 England's 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 Marquis 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 why- 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 aught 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 Bishop's 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 sense of the great hazards these were exposed to, must produce suitable 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 hearty 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 Majesty's Goodness and care in accepting the Administration of the Public Affairs of this Kingdom, and calling the Estates; and we return our most dutiful Thanks to your Majesty's Gracious Letter. We intent 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 Union, 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 Unity and Confidence of our Counsels; that as we design the public good, so it may be done with the General Concourse and Approbation of the Nation. In the mean time we humbly entreat the Continuation of your Majesty's 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 Precedent. 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 Account of such Arms as were in the several Garrisons. And whereas several persons were seen coming Armed 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 account of their business; or if they could give no good account 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 , for the use of the Protestants in Ireland; and ordered farther that the Precedent 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 Seaport 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 Soldiers at those Musters should continue six days 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 Precedent 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 carried 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. Moor of Acre Mr. Anderson of Glasgow Mr. Smith of Perch All which persons were selected into this great Committee by the plurality of Fifty Four Voices, more than the fourth part of the Meeting. When the Precedent 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 Privilege of a State: but they were answered, that that point was overruled, and they must join with the Nobility. Then the Question was moved, 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 . These and some other like struggle of the Bishops against the stream, and some other discontents which the Convention observed 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 Proceed. And this disgust against the Bishops was heightened by another accident which happened at the same time: for that while the Convention was Voting Major General Mackay to be General, the Archbishop of Glasgow desired, That all the Bishops might be excused, 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 replied, 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 Case, but only those Orders were then against Protestant Dissenters, and the Order in question against Papists. And this was one reason, that they who retained 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 seemed to incline not to insist so much upon the Head of Desertion or Abdication, but on that of Maladministration. Others there were who seemed desirous that the Crown should not be confirmed 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 referred to a Sub-Committee to draw up the Reasons for the Vacancy, which being brought into the Grand Committee, the same were approved and passed 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 required by the Law, whereby every King at his Access to the Government is obliged to swear to maintain the Protestant Religion, and to Rule the People according to the Laudable Laws. 2. That by the Advice of wicked and evil Counsellors he had invaded the Fundamental Constitutions of the Kingdom, and altered it from a Legal limited Monarchy, to an Arbitrary Despotic Power; and by public Proclamation had asserted an Absolute power to annul and disable all the Laws, and particularly arraigning the Laws that established the Protestant Religion, by erecting public Schools and Societies of the Jesuits, and not only allowing Mass to be publicly said, but by converting Protestant Chapels and Churches to Public Mass-Houses, contrary to express Laws against saying and hearing of Mass. 3. By disarming Protestants, while in the Interim he employed 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 Majesty's Household and Chapel 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 Colleges 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 Liege's 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 the whole Town-Council and Clerks, contrary to their Liberties and Express Charters, without the pretence either of Sentence Surrender or Consent: and the Commissioners in Parliament being chosen by these Magistrates and Councils, the King might in effect as well nominate that entire Estate of Parliament: and many of the said Magistrates put in by him were avowed Papists, and the Burroughs forced to pay Money for Letters imposing these Illegal Magistrates upon them. 14. By sending Letters to the Chief Courts of Justice, not only ordering the Judges to stop and desist, sine dic, to determine Causes; but also ordering them and Commanding them how to proceed in Causes depending before them, contrary to the express Laws, and by changing the Nature of the Judge's Gifts, ad vitam aut culpam, and giving them Commissions add been placitum, to dispose them to compliance with Arbitrary Courses; and turning them out of their Offices, when they did not comply; and particularly, those who in Parliament opposed the abrogating the Laws made for security of the Protestant Religion. 15. By granting personal Protections of Civil Debts contrary to Law, notwithstanding the Representation of the Privy Council to the contrary. The said Reasons, upon reading, were debated one by one, which being done, the following Declaration, as it was prepared and voted by the Grand Committee, was also read to this effect. That the Estates of the Kingdom of Scotland, did find and declare, That King James the Seventh, being a Professed Papist did assume the Royal Power, and acted as King without ever taking the Oath required by Law. And had by the Advice of wicked and evil Counsellors, invaded the Fundamental Constitutions of the Kingdom, and altered it from a Legal Limited Monarchy to an Absolute and Despotic Power; and had exercised the same to the subversion of the Protestant Religion, and the violation of the Laws and Liberties of the Nation, inverting all the Ends of Government; whereby he had forefaulted the Right of the Crown, and the Throne was become Vacant. The foregoing reasons and this Declaration being thus read and considered were approved by the whole Convention, except Twelve, of which number seven were Bishops, being all that were present. Which being done, a Vote passed that an Act should be brought in by the Committee, for settling the Crown upon William and Mary, King and Queen of England, and to consider the Terms of the Destination of the Heirs to the Crown: as also to prepare an instrument of Government to be offered with the Crown for securing the people from the Grievances of the last Reigns. When all the business of the day was over, one of the Bishops offered to say Prayers, according to Custom. Upon which it was moved that King James being then no longer King of Scotland, that the Bishop should be admonished not to pray for him at his peril. Which the Bishop observing, to avoid the incurring a penalty, very discreetly said only the Lords Prayer; and so the House adjourned. The Convention having made this Progress, the Grand Committee for settling the Government were ordered to proceed in perfecting the instrument which was set on foot for that purpose, containing a Claim of the People's Rights, and a Representation of such Grievances, as were thought proper to be redressed. In the mean time a Proclamation issued forth for the Declaring William and Mary King and Queen of England to be King and Queen of Scotland; and accordingly upon the Eleventh of April, the same day that they were Crowned in England, they were Proclaimed at the Market-Cross in Edinborough, with all the joy and sincerity that could be expressed. The Proclamation ran in this Form. WHereas the Estates of the Kingdom of Scotland, by their Act of the Date of these Presents, have Resolved that William and Mary King and Queen of England, France and Ireland, be and be declared King and Queen of Scotland, to hold the Crown of Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives, and the longest Liver of them, and that the sole and full exercise of the Regal power be only in and exercised by the said King, in the name of the said King and Queen, during their Joint Lives: As also the Estates having Resolved and Enacted an Instrument of Government, or Claim of Right to be presented with the offer of the Crown, to the said King and Queen, they do Statute and Ordain. That William and Mary King and Queen of England, France and Ireland, be accordingly forthwith Proclaimed King and Queen of Scotland, at the Market Cross of Edinborough, by Lion King at Arms, or his Deputy, his Brothers Heralds, Macers, Pursuivants, and at the head burgh's of all the Shires, Stewarties, Baillaries and Regalities within the Kingdom, by Messengers at Arms. And because the States did not think it sufficient to Proclaim William and Mary King and Queen of Scotland, unless the Authority of James the seventh were quite abolished in that Kingdom, they put forth another Proclamation against the owning of the late King J. withal commanding public Prayers to be said for King William and Queen Mary to this effect. That the Estates of the Kingdom of Scotland having Proclaimed and Declared William and Mary King and Queen of England, France and Ireland, to be King and Queen of Scotland, They have thought it also fit by public Proclamation to certify the Subjects that none did presume to own or acknowledge the late King James the seventh for their King, nor obey, accept or assist any Commissions or Orders that might be emitted by him and that none did presume upon their highest peril, by word, writing, in sermons, or in any other manner or way to impugn or disown the Royal Authority of William and Mary, King and Queen of Scotland: But that all the people should render their dutiful obedience to their Majesties; and that none should presume to misconstrue the Proceed of the Estates, or to create jealousies, or misapprehensions of the Actings of the Government, but that all the Ministers of the Gospel within the Kingdom should publicly Pray for King William and Queen Mary, as King and Queen of the Realm. And the Estates did farther require the Ministers within the city of Edinborough, to read the Proclamation publicly from their Pulpits, upon the next Sunday being the 14th. Instant at the end of their forenoons Sermon. And the Ministers on this side of the river Tay, to read the same upon the Sunday after that being the 21th. instant and those be North Tay, upon the 28th. of April, under the pain of being deprived and losing their Benefices. Discharging withal the Proclamation of the Council, dated Septemb. 16th. 1686. to be read any more in Churches. And the Estates did also farther prohibit and discharge any injury to be offered by any person whatsoever to any Minister of the Gospel either in Churches or Meeting Houses, who were presently in the Possession and exercise of their ministry there, they behaving themselves as become them, under the Present Government. This Proclamation occasioned the Deprivation of several Ministers and the loss of their Live, for their contempt of the Commanding Authority. And so obstinate they were in their contumacy, that being cited before the Committees of the Convention, and afterwards before the Privy Council, many of them not only refused to pray for King William and Queen Mary, but some acknowledged, that they had held correspondence and kept intelligence with Dundee. Which disaffection of the Ministers to their present Majesties was more particularly observed in the Diocese of Murray, of which one Dr. Hay was Bishop, a notable stickler for the late King James, for which he was deprived not only of his Bishopric, but of his Benefice of Elgen. In this Diocese there were some so inveterate against the Government of the Estates, that when the Proclamation of the Convention came to their hands instead of reading it they were so insolent as to throw it into the fire; and yet in the foregoing Reigns, none so rigorous, none greater persecutors of those that yielded not implicit obedience to their Impositions, even to the ruin of the most worthy of their Parishioners. And thus among others they served the Laird of Boody, a Gentleman that never had been at Conventicle in his Life, nor ever absented himself from his Parish Church, if in the Country and in health. Yet because his Lady, who had laboured long under a lingering disease which had brought her so low that she could not stir abroad, was so unfortunate as not to be able to give her attendance at Divine Service, the Gentleman by the Information and practices of the Neighbouring Clergy was fined in 2 Thousand pound sterling, almost to the ruin of his Affairs and Family: and part of the Fine as it was said, bestowed upon the Scotch College in Paris. Nor was this dislike of the Proceed of the Convention confined within the Clergy only; there were other Malcontents that were laying the Foundations of new Commotions, by holding correspondence with the late King in Ireland, from whence they were in hopes of great Assistance. These Machinations were in part discovered, by the seizing of one Brady and Grenoch, near Glasgow in his return from Ireland. About him were taken several Letters and other Writings; more particularly one Letter from the late King, and another from the E. of Melfort to Viscount Dundee, and the E. of Belcarris, referring to Letters formerly Written by them, and sent by one Sir Kennedy. The substance of the Letters were, That the late King had forty Thousand men in Ireland, and that he would speedily be in a condition to send them a formidable Assistance; that in the mean time he could spare them five thousand foot, a hundred Horse, and a hundred Dragoons, desiring them withal to send an exact account of the Country, and how the Gentry and people stood affected. He also farther required them to summon together as many of the Bishops and Burgesses as they could, to hold a Convention in his Name. As for Melfort he was very crank in the Letters telling his Friends, that he hoped to be merry with them once more in Scotland, and to have his losses repaired out of the Estates of Forefaulters; and declared that he would destroy all the Members of the Convention; but as for the Commonalty, he was resolved to make them Gibeonites, Hewers of Wood and Drawers of Water, for the Roman Catholics the only Israelites indeed. Upon reading these Letters the Lord Belcarris, Lord Lochore, and Lieutenant Colonel Balfore were committed to prison, and others put to find good security. These fruitless designs and petty struggle of a gasping Party did but serve to make the Convention more vigilant, and to hasten the settlement of the Kingdom: So that the Instrument, together with the Letters from the Estates to their Majesties, and the Instructions to the Commissioners being by this time all ready, the E. of Argyle, Sir James Montgomery, and Sir John Dalrimple, the Commissioners were sent away Post with a Tender of the Crown to King William and Queen Mary. The Commissioners being arrived at London, upon the Eleventh of May met in the Council Chamber at . From whence, being attended by most of the Nobility and Gentry then about the City, they were conducted by Sir Charles cottrel, Master of the Ceremonies, to the Banqueting House, where their Majesties with a great Attendance of persons of Quality were prepared to receive them, sitting on their Thrones under a Rich Canopy, and the Sword being born before them by the Lord of Cardross. The Commissioners being entered, after the Ceremony of a solemn Obeisance, the Earl of Argyle, before he presented the Letter from the Meeting of the Estates, thus delivered himself. May it please your Majesty. IT cannot be unknown in how sad and deplorable a Condition the Kingdom of Scotland was not many Months ago. The Liberty and Property of the Subject quite destroyed, either upon pretence of Law without any Ground, or by such Laws as were designed and calculated for enslaving us: Our Religion exposed and laid open to be ruined by the Treachery of our Clergy, as well as by the compliance of our Rulers. And so far had their Popish and Arbitrary designs run us, that we were very nigh past hopes of a Recovery, when it pleased God to raise up your Majesty to be the Glorious Instrument of Retrieving our Religion, Liberty and Property from the very brink of Ruin. It is from the Grateful and Dutiful sense and unexpected delivery, as well as to the respect due to the blood of their ancient Monarches, that the Estates of Scotland have Commissionated us, to make an humble tender to your Majesty and your Royal Consort, of that Crown and Kingdom, with the firm persuasion and assurance of this rooted in their hearts. That the care of Religion, Liberty and Property could be no where so well lodged, as in the hands of your Majesties, their great and Glorious deliverer. After the Earl of Argyle had thus expressed himself, he presented to the King the Letter following, which being delivered back again by His Majesty, was read by Mr. Eliot, Secretary to the Commissioner, purporting THat the settling of the Monarchy and ancient Government of the Kingdom, admitting no delay, they did upon the Eleventh of April, Proclaim His Majesty and His Royal Consort King and Queen of Scotland with so much unanimity, that of the whole House there was not one contrary Vote, That they had nominated the Earl of Argyle, Sir James Montgomery of Skelmorly, and Sir John Dalrimple the younger of Stair, in their Name to attend Their Majesties with the cheerful offer of the Crown, and humbly to present the Petition or Claim of Right of the Subjects of the Kingdom: as also to represent some things found grievous to the Nation, which they humbly entreated his Majesty to remedy by wholesome Laws in the first Parliament. And in Testimony of his Majesties and the Queen's Acceptance, they 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 Majesty's Kindness and Fatherly care in both his Kingdoms, in promoting their Union, which they hoped had been preserved to be accomplished by him; that as both Kingdoms were united in one Head and Sovereign, so they might become one Body Politic, one Nation to be represented in one Parliament. And to testify 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 established at the Time of the Union. Which Commissioners waited only for His Majesty's 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 Majesty's 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 Rโ—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 offered might be employed toward the Recovery of Ireland from that deplorable Condition, and extreme danger, to which the Protestants were exposed. 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 Majesty's 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 delivered 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 obliged 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 altered it from a Legal limited Monarchy, to an Arbitrary and Despotic Power; and in a public 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 public Schools and Societies of the Jesuits, and not only allowing Mass to be publicly said, but also converting Protestant Chapels and Churches to Public Mass-Houses, contrary to the express Law against saying and hearing of Mass. By allowing Popish books to be printed and disโ—โ—โ—sed by a Patent to a Popish Printer, designing him Printer to his Majesty's Household, College and Chapel 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 employed Papists in Places of greatest Trust, both Civil and Military, etc. 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 exorbitant 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 forced 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 Judge's Patents ad vitam, or Culpam; into Commission de bene placito, to dispose them to a compliance to Arbitrary Courses, and turning them out of their Offices if they refused 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 professed Papist, did assume the Regal Power, etc. (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, than Prince of Orange, since King of England, whom it pleased 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 Colleges for Jesuits; converting Protestant Churches and Chapels 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 Colleges, 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, etc. 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 ใ€ˆโ—Šใ€‰. That the employing Officers of the Army as Judges, etc. was contrary to Law. That the Imposing Extraordinary Fines, etc. was contrary to Law. That the Imprisoning of persons without expressing the Reasons, etc. was the same. That the prosecuting and seizing men's Estates as forfeited upon stretches of old and obsolete Laws, etc. was contrary to Law. That the nominating and Imposing Magistrates, etc. 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, etc. was contrary to Law. That the granting of personal protections, etc. 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 King's instance, and imposing Bonds without Authority of Parliament, and the suspending Advocates for not appearing when Bonds were offered, was contrary to Law. That the putting Garrisons into private men's 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 men's 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 burden to this Nation, and contrary to the Inclinations of the Generality of the people, ever since the Reformation; they having reformed Popery by Presbytery, and therefore aught to be abolished. That it is the Right and Privilege of the Subject to protest for remedy of Law, to the King and Parliament against Sentences pronounced 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 claimed that Parliaments ought to be frequently called and allowed to sit, and freedom of Speech and Debate allowed the Members. And then they farther claimed and insisted upon all and sundry the premises, as their undoubted Rights and Liberties, and that no Declarations or Proceed to the prejudice of the people in any of the said premises 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 considered and the Parties redressed. 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 entire Confidence that His Majesty of England would perfect the Deliverance so fare 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 only in, and exercised 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 prayed the said King and Queen to accept to same accordingly. It was also declared by the Instrument that the Oath hereafter mentioned 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 prescribed in England. I A. B Do sincerely promise and swear, That I will be faithful and bear true Allegiance to Their Majesty's 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 pleased 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 expressed so much Confidence in him, and should testify his sense 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 wholesome Laws. The latter part of these words are somewhat altered 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 concerned 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 tendered to their Majesties, and distinctly pronounced 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, revealed and contained 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 received and preached 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 Utmost of our Power to the Kirk of God, and whole Christian People true and perfect peace in all time coming. That we shall preserve and keep inviolated the Rights and Rents, with all just Privileges 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 Us. And we shall be careful to root out all Heretics 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 Heretics, that the said Clause did not import the destroying of Heretics; for that by the Law of Scotland no man was to be prosecuted for his private Opinion; but that even obstinate and convicted Heretics were only to be denounced or outlawed. Which being represented to His Majesty accordingly, when he came to that Clause in the Oath, the King declared, 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 sense, 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 desired in the Letter presented to the King by the Commissioners that delivered the Instrument of Government, and tendered 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 resolved upon for desiring His Majesty to turn the Meeting of the Estates into a Parliament, there was some debate whither the King should be addressed to that purpose, or else to call a new Parliament. Many reasons were urged on both sides; but in regard that they who were for the Address delivered, prevailed, the Reasons on that side were only made public: By which it was alleged, 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 declared the Throne Vacant, and having also lately conferred and settled 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 redressed, they ought to be turned 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 called; 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 complained 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 threatening 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 practice of England for a good Precedent, and as plain necessity and Reason had hitherto obliged 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 settled and surrendered the Government; they were defunct and dissolved; 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 People's Choice: And moreover, That Commissioners for Shires and Burroughs have only their Commissions in the Meeting of the Estates and not in a Parliament. And as for the Case of England, that they had Precedents, but Scotland had none. To all which it was answered, to begin with the last part first, That Scotland had England's practice for a Precedent, but that England itself had no Precedent, unless that of 1660. the lameest that ever was heard of; for that, there having been a Meeting called 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 allege that for a Precedent, yet that Parliament, 1660. had not Precedent 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 proceed, did with the same force and Evidence, require that the Meeting should be turned into a Parliament. Fourthly, That their could be no defect alleged 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 Union, 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 delayed and postponed. 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 signed his Commission. And in regard that upon Their Majesty's Acceptance of the Crown, all Commissions, Gifts and other Writs supscribed 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 Reigns. 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 seized, 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 surrendered, the Men having their Muskets Cocked and well charged with a brace of Bullets. But they were all taken by the Guards that blocked up the Castle, except one Woman, that escaped through the Noreloch, and brought to the Duke of Hamilton. About the Woman there was taken a Packet 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 concerned 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 Sentinels, 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 Dundees 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 Majesty's person in the first Sessions of the Approaching Parliament, and in reference to that particular briefly thus delivered himself. That His Majesty had been pleased to send him a Commission to represent his Royal Person in the first Session; which he acknowledged to be an Honour far above what he deserved, especially at such a time when the Importance and Condition of His Majesty's Affairs in the Kingdom of Scotland required the Greatest Trust from his Majesties, and the greatest Faithfulness and Ability in his Commissioner, which were otherwise necessary in so high a Station. And that although the short advertisement of his Majesty's Pleasure therein, might give him some difficulty in discharging the several duties incumbent on a person in that High Character; yet such was the Zeal he had for His Majesty's Service, and the Good of his Country, that he resolved to give all ready and cheerful Obedience to His Majesty's Commands, and to omit nothing in his Power that might advance His Honour and Interest, or contribute to the Peace and Security of the Nation. That he had received His Majesty's Instructions for turning the Meeting into a Parliament, and then to adjourn the Parliament to the seventeenth of June, and after that to consent to the enacting of such Laws as might not only redress the particular Articles of the Grievances, but to any other Acts, which they should advise for securing the Religion, Peace, and Happiness of the Nation. The Duke having thus delivered himself, the King's Commission was read, together with the Letter from His Majesty, declaring His pleasure to turn them into a Parliament: Which being done, the Commissioner acquainted the Estates with the King's farther pleasure, that the Earl of Crawford should preside in the ensuing Session of his first Parliament. Upon which, the Earl came from the Lords Bench to the Precedents Seat before the Throne, and made a Speech to the Estates, and then moved that the Act for turning the Meeting into a Parliament might be forthwith drawn. Upon which the Commissioner named the Earl of Lowthian, Viscount Torbat, the Lord of Ormiston, Sir Patrick Hume of Polwart, Mr. William Hamilton, and David Spence, to be of a Committee for drawing up the Act; who thereupon presently withdrawing into the Inner House, after a little time returned with the Act drawn up accordingly; which being read and debated, was without delay both voted and approved, as follows. The King and Queen's Majesties with Advice and Consent of the Estates of this Kingdom at present assembled, Enact and Declare, That the three Estates now met together the Fifth of June, 1689. Consisting of the Noblemen, Barons and Burgesses, are a Lawful and Free Parliament, and are hereby declared, enacted and adjudged to be such, and to all intents and purposes whatsoever, notwithstanding the want of any new Writs or Proclamation for calling the same or the want of any other Solemnity. And that all Acts and Statutes to be passed therein shall be received, acknowledged and obeyed by the Subjects as Acts of Parliament and Laws of this Kingdom. And it is hereby declared, That it shall be High Treason for any Persons to disown, quarrel or impugn the Dignity and Authority of this Parliament, upon any pretence whatever. This Act being thus passed, and at the same time touched with the Sceptre, the Precedent, by Command of the High Commissioner adjourned the Parliament to the Seventeenth of June, being Twelve days. Upon the Seventeenth of June the Parliament met, at what time the Commissioner having ordered the Honours to be sent for from the Castle, Knighted Mr. William Hamilton Advocate, and a Member of the Parliament. After which the Commissioner acquainted the Parliament, That he had Instructions from their Majesties, about redressing the Grievance of the Lords of the Articles, as formerly constituted; and that their Majesties had ordered him to condescend to the passing an Act for choosing Eight out of every Estate, Lords, Barons and Burgesses, which with the Officers of State should prepare Things for the Parliament. And that it should be always in the Power of the Parliament, even of those things which the Committee should report, if they should think sit so to do. Thereupon an Act being drawn to that purpose, it was presented by the Commissioner to the Earl of Crawford, Precedent of the Parliament; who before he gave it to the Clerks delivered himself to this Effect. That in regard they were now in another Station than they were formerly, that is to say, the Supreme Court of the Kingdom, and so happy in a Prince who preferred the just Rights and Interests of his people to his own Prerogative, and who craved nothing of them but what would make them happy, That they should lay aside all Animosities and private differences, and make the Public Good the only motive and end of their Actings; which Things as they were always necessary, so especially at that Juncture, when they had Religion, the Government of the Church, and the Just Rights of the Subject to Establish, and Greivances to Redress: That Christianity taught Verity, the King craved, and the present Juncture made it indispensably necessary, and God's blessing always attended it. That the King had put it fully into their power to make such Laws as might secure to them their Religion and Properties; wherein if they failed it would be their own fault; that the Eyes of their Enemies were upon them, waiting for their halting; and that nothing could encourage or strengthen them more than Animosities and Divisions among themselves. The Precedent having thus spoken delivered in the Act to be Read. But than it was moved by the Lord Ross, that before they went about to consider or Vote any Act, that they should all Swear and Subscribe the Oath of Allegiance, and that an Act should be made to that Intent. Which motion being approved, the Lord Ross gave in the following draught of an Act in pursuance of what he had moved. That the Estate of Parliament considering that Their Majesties had accepted the tender of the Crown of this Realm made to them, and had taken the Oath appointed to be taken by all Kings and Queens of this Kingdom; therefore They with the consent of Their Majesties did Declare, Recognize and Assert Their Royal Authority and Right thereto. And Ordered all the Members and Clerks of Parliament, and all other Persons that at present are in, or shall happen to be called hereafter to any place of public Trust Civil and Military to Swear and Subscribe the Oath hereto subjoined. And they hereby discharge and annual all former Acts of Parliament appointing any other Oaths of Allegiance and Supremacy, Declarations, Tests, or Other public Oaths whatever, to be taken by them henceforward, so as they appoint the same to be taken, except the Oath, de Fideli Administratione. To which the Oath subjoined was this, I A. B. Do Solemnly Swear in the Presence of God, That I shall bear Faith and True Allegiance to King William and Queen Mary. So help me God. This Act passed Nemine Contradicente, only that the Earl of Kincairden withdrew; so that being thus passed and touched with the Sceptre, all the Members that were present took the Oath with uplifted hands; and then the Precedent administered it to the Clerks; and the next day they all subscribed it. It was at the same time moved by the Earl of Cassils', that all the Clergy should take the same Oath; but that was waved, till it were farther considered what other persons, or whither all in the Kingdom should take the same; and so that debate being laid aside, they all took the other Oath de Fideli Administratione. The next day, being the eighteenth of June, the whole House subscribed the Oath; and such of the Members who were absent the day before, both swore and subscribed it also. Which done they proceeded to Read the Act for redressing the Grievance of the Lords of the Articles, which appointed a constant Committee of Eight Persons out of every Estate, with the Officers of state, to be in place of the Lords of the Articles. But this first draught of the Act did no way please the Generality of the Parliament; insomuch that upon the 25th. of June, the draught of the Act was again presented, and read with an Amendment, that the Members of the Committees should be chosen by the Respective Estates; the Noblemen out of the Nobility; the Barons from among the Barons; and the Burgesses by the Burgess Estate. Which being agreed to, they came to a new debate, Wither the Officers of State should be supernumerary in those Committees? and after much arguing the Question being put to the Vote it was carried in the Negative; and a Clause ordered to be added to the Act; Declaring, That the Officers of State were not to be Members of the Committees, unless they should be chosen. With which addition, the Act was again Read, Voted and Approved, in the following terms. Forasmuch as the Meeting of the Estates of this Kingdom did by their Vote of the Seventh of April last, represent among other Grievances, that the Committee of Parliament, called the Articles, was and is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely chosen by the Estates to prepare motions and overtures that are first tabled in the House. Therefore Their Majesties with the Advise and Consent of the Estates in Parliament do Enact and Declare, That it is the undoubted Privilege of the three Estates in Parliament to nominate and appoint Committees of Parliament of what number of Members they please, being equal of every Estate, and chosen by the respective Estates; viz. The Noblemen by the Estate of the Noblemen; the Barons by the Estate of the Barons; and the Burghers by the Estate of the Buroughs, for preparing motions and Overtures that are first made in the House; or that the House may treat, Vote and Conclude upon matters brought in plain Parliament, without remitting them to any Committee if they think fit: Or that the House may appoint plurality of Committees for Motions and Overtures that need to be prepared or digested for them. Declaring hereby, That no Officers of State are to be Members except they be chosen. And hereby rescinding the first Act of the third Session of the first Parliament of King Charles the second, and all other Laws and Customs establishing the manner of Election and Power of any Committees of Parliament, so far as they are not conformable to this Act. But when this Act was offered to be touched by the Sceptre, the High Commissioner signified to the House that their Vote not being in the terms of the Instrument which he had received from the King, he could not give the Royal Assent thereto, until he had acquainted His Majesty. For the first Instructions to the High Commissioner were in these words. You are to pass an Act for regulating the Articles to consist of twenty four persons, besides the Officers of State, whereof Eight are to be chosen by the Noblemen out of their Estate, Eight by the Barons, and Eight by the Burroughs out of their Estates. But this Concession was not thought sufficient, and it so much the more displeased, because it was looked upon as a delay, to the satisfying the People in the first and most important Grievance, for the redress of which they had so solemnly stipulated with His Majesty. It was urged that by the ancient Records of several Parliaments it appeared, that the Officers of State were so far from being supernumerary in the Committees of the Articles, that they were not so much as Elected into that trust, nor had any room allowed them there: though it appeared by the same Records, that there were Members chosen by and out of the respective Estates, sometimes in larger, sometimes in lesser numbers to constitute such Estates: And although after the year 1567. Some of the Officers of State were now & then by reason of their great Abilities, thought fit to be chosen among others for Lords of the Articles, yet they were not Elected into those Committees by virtue of their Offices, much less that they sat there as persons supernumerary to those that were chosen. Besides that in the 37 Act, in the Eleventh year of James the sixth, where provision was made for the number of those that were to constitute this Committee, it was only Enacted, that the number of the Lords of the Articles should equal in each Estate, and that the fewest out of each Estate should be six, and the greatest number not above Ten. This was the state of the Court of Articles, as being constituted at first for the ease of the Parliament, in the dispatch of business, till through the Usurpations of the Kings of Scotland, especially after their succession to the Crown of England, and the removal of their Royal Residence thither, and through the officiousness of public Ministers to the Prince, and their Treachery to their Country, it grew up at length to that exorbitancy, that it became not only burdensome but intolerable. For by reason of the Parliaments coming at last to commit the inspection into all affairs, and preparing all remedies for Greivances into the hands of a few, and those unchangeable during a whole Session, the late Monarches of Scotland, obtained such an opportunity to encroach upon the Jurisdiction of Parliaments and the Liberties of the People, that they soon improved it to the eluding all the good that the Kingdom was to expect from Parliaments, and making those that were designed to be the means of the people's safety, the instruments of their ruin. For the accomplishment of which and the more easy rendering the Lords of the Articles Vassals to the Monarches will, and tools for executing his pleasure, they first prevailed to have the Officers of State admitted into this Committees as supernumerary, without being nominated and elected by the Estates in Parliament, as having a right to sit there by virtue of their employments. For King James the Sixth, being by the Adulation of the English brought over entirely to their interest, as well as to their Opinions, and having a mind to obtrude upon the Church of Scotland the English Ceremonies, in order to the more easy effecting it, so wrought with the Parliament in the year 1617. part by fair, and part by fowl means, that he brought them to allow the Officers of state to sit as supernumeraries without being chosen into the Committee. And by that means he forced those Innovations commonly known by the name of the five Articles of Pearth, upon the Church of Scotland, having by those Supernumerary Officers, not only so moulded the Committee of Articles, as to pass and present them, but thereby laid the Foundation of their being enacted in the House. King Charles the First, quite overthrew the ancient Method of Elections of that Committee. For whereas by ancient Law and Custom, the Lords were to Elect the Lords, the Barons to choose Barons, and the Burghers the Burghers, he in his Parliament, 1633. assumed a power to himself, with a right of consigning it over to his Commissioner, to choose eight Bishops, whom he empowred to choose eight Noblemen, restraining to the said Eight Noblemen and Bishops the power of choosing eight Barons and as many Burghers, which together with the Officers of State as Supernumeraries were to be the sole Lords of the Articles, exclusive of all others; and in these was vested the sole Right and Liberty of bringing in all Motions and Overtures for redressing of Wrongs, and of proposing means and expedients for the relief and benefit of the Subject. Neither was it by the practice of the late Reigns lawful for any Members that were not of that packed Cabal, to make the least proposal or Motion for the repealing of an ill Law, or the enacting of a good one. For this Reason therefore it was that the Convention represented to the King this Committee of Articles so great a Grievance to the Nation of Scotland, and that they insisted so earnestly for ejecting the Supernumerary Officers of State out of it, unless legally and fairly Chosen. And some there were who urged that the very contending for the Officers of State to sit as Supernumeraries in their Committees, without being elected into them by the Estates in Parliament was both an Aspersion upon the Wisdom of the Parliament, as if they knew not how to pay the respect & reverence due to those Officers, till compelled to it, and a Reflection upon their Loyalty, as if no person could be tender of His Majesty's Interest among the Committees of Parliament, unless under the Influence of Honours and Emoluments. The Parliament therefore having heard the Commissioners plea for not passing the Act with their Amendments, ordered their Reasons for the passing it in that Manner to be put in Writing, and the draught of a Letter to be sent to His Majesty together with their Reasons, to be prepared and brought into the House by the Committee for Redress of Grievances, which being done accordingly both the one and the other were read and approved with some little alterations, and so dispatched away for England. His Majesty having received the Letter, and weighed the Reasons, was pleased to give new Orders to his Commissioner. So that upon the Ninth of July his Grace gave into the House a Letter to the Parliament, with the draught of an Act for regulating the Articles in the terms of his Instructions in reference to that Grievance, by which he was empowered to increase the number from Eight to Eleven out of every Estate, besides the Supernumerary Officers of State; and allowing the Parliament to Elect them every Month, or oftener as they thought fit; and to consider of any Matter in Parliament tho' rejected in the Articles: as deeming that since the Committee was now no more a constant Committee, he had secured the Parliament from believing they could be packed or taken off by the Court; and that the number being increased, from twenty four to thirty three, he had removed all fears that eight Men could overrule three and thirty. But the Parliament adherred to their first draught; and therefore falling into the debate of the last draught given in by the Committee, they read their own and that together, and stated the differences between both. But could come to no resolution that day. The next day being the 10th. of July, the Commissioner, hoping to put them off from the further pursuit of this Affair, moved, that the settling Church Government, and the Forfeitures might be taken into Consideration; but against that some of the Members presently moved, That the Affair of the Committees might be first adjusted; upon which a debate arose which continued for some time. For by this some jealousies arose in the House, as if the Commissioners had not gone according to their Instructions in the delivery of the Instrument of Government to the King. Which caused the Earl of Argyle to make a request to the House, That in regard he had been a Commissioner to make the Offer of the Crown to their Majesties, and had accordingly acquitted himself of his Commission, but was then commanded into the Service of Their Majesties against the Rebels, and knew not when he should return, therefore that the Parliament would declare their Approbation of what he had done in the Execution of his Commission. But than it was moved, that before any such Approbation, a paper might be read, containing certain Interrogatories to be put to the Commissioners who were sent with the Tender of the Crown. Upon which it was ordered, That the Instructions given in to those Commissioners should be interrogated upon the Parliaments Instructions, or upon the Interrogatories then given in. But before the point could be determined, the High Commissioner ordered an Adjournment till the next day. In the Interim a great Discovery was made public of a dangerous Conspiracy disclosed in a Letter bearing date the Sixth of July, and directed to the High Commissioner, from one that subscribed his name in Characters purporting. That the same Night about Six of the Clock, he was informed of certain ill inclined Persons, who assuredly designed some wicked Enterprise, what it was he knew not; but that the particular Persons of which he had undoubted Intimation were Winster, Scot, Dunbar at Leith, Innes, one Telster, one Wrywhart, with many others, as by a subscribed Paper which some of them carried about them would appear. That there was one Colonel Wilson, Butler, and Dunbar, with some other English and Irish Officers lurking in Edinborough in Black friar Wine, as also Captain Dowglass, Kelheads Brother, Lees Pringle, and several others of which he was surely informed. With which he thought it his duty in Conscience to acquaint his Grace. That they intended to put their design in Execution within a day or two at farthest. He desired his Grace not to despise his Advertisement, assuring him it was no story, as if neglected would be too sadly experienced. That he was almost engaged himself, by which means he came to understand the Truth, and left the whole to the Care of his Grace's wise Determination. Upon this Letter and Information; were apprehended and Imprisoned. The Duke of Gourdon The Earl of Hume Lord Oxenford Lieutenant Colonel Middleton Lieutenant Colonel Wilson Captain Dowglass Captain James Vawchap Captain Dunbar Captain Butler Laird of Larg Gourdon the younger of Auchentrat Mr. Forrester and Mr. Mill, Ministers. With several others Officers, Soldiers, and Tradesmen of lesser note, to the number of Eight and Thirty in all. It was given out at first that their design was to have seized the Commissioner and Members of Parliament, and to have set the City on Fire: but by their Examinations and Confessions it did not appear that they had any farther design then to have entered into an Association to go and join with Dundee. But let their design be what it would, the detection was considerable, whereby so many desperate people were secured from doing mischief, and the enemy disappointed of their succour. Nor is it to be wondered that such dark contrivances should be so many times as they are, so strangely discovered, seeing there is a fate hangs over the Head of all those that conspire against Lawful and Just Authority. This short Commotion being over, the Parliament met the next day being the Eleventh of July, at what time His Majesty's Commissioner moved again, That Church Government might be taken into Consideration. To which some of the Members replied, That the State of the Nation was first to be settled, as being that which would be a means to settle the other. And so they entered again upon the Officers of State, whither to be of the Committee or No? which debate continued long, but before it came to a result, the Earl of Argyle moved again for an Act of Exoneration of His Commission: adding withal, that he was willing to undergo the strictest scrutiny and examination that could be made. Upon which it was urged by a Noble Member of the House, That if such an Exoneration were desired by the persons concerned in that affair, he might have the Liberty to propose some Interrogatories to the Commissioners before the Act of Exoneration past. Upon that Motion His Grace desired first to see the Interrogatories, and that the Instructions which were given the Commissioners might be Read. Which being agreed to, His Grace made another Motion, That they might be interrogated upon their instructions and no farther. But than it was urged by some of the House that the interrogatories might be read; which was granted. Upon which his Grace made a third Motion, that they might be asked whether they had delivered the claim or Petition of Right, and other Papers in the same order and method which the Estates had appointed? To that the Earl of Argyle answered, that the Exoneration which he desired was only for himself; and that he was willing to answer any proper interrogatories that could be made to him on that head. But than it was, that the King's Advocate apprehending that the Motion aimed at him, offered to acquit and clear himself of any thing that might be charged upon him, as if he had not acted according to his Instructions, and Commission given them by the Estates. Others insisted, that he might be interrogated upon the Instructions given to the Commissioners. To which the Advocate made Answer, That he had no reason to decline being interrogated upon those Instructions; in regard that the Commission granted to them being their Warrant, if he had acted according to that, he had sufficiently discharged himself of the Trust, by that Commission reposed in him. But the debate continued so long upon this point, that the farther dispute of it was adjourned till the next day. Upon the twelfth of July the Earl of Argyle moved again that he might have his Exoneration concerning his faithful discharge of his Commission. Upon which it being urged, that the interrogatories, that had been given in the last day to be put to the Commissioners from the Convention might be Read, in regard it was alleged, that some of them had advised the presenting the Grievances after their Majesties had taken the Oath, contrary to the order of the Estates. But then the Commissioner put in again, and renewed his Motion to the House for taking the business of the Church Government into their consideration, precedent to any other matter, as His Majesty had been pleased to signify to them in his Gracious Letter. On the other side, the Earl of Argyle insisted that his Exoneration might take place, in regard it had been first brought before the House, and consequently aught to be first dispatched. This point was insisted upon and argued by several Members; and at length the question being put, Whether Church Government or the faithfulness and diligence of the Commissioners should be first considered? It was carried by the plurality of Voices, that the House should first proceed to consider of the Latter. It was then moved, that the three Commissioners should withdraw out of the House, and each of them should be called in, and examined separately upon the discharge of their trust, which was agreed to; and after much debate upon the method and manner of examining them, the Instructions were ordered to be read again, together with the Act of the late Convention, empowring them to tender the Crown. Which being done the debate was resumed; at what time it was urged in behalf of the Lord Advocate, that the Commission to the three did bear, That they should deliver the Petition of Right, and see the Oath taken, and declare the Grievances; which employed the Order and Method which the Advocate had advised them to follow. To which it was answered on the other side, that the Instructions directed them to deliver both the Petition of Right and the Grievances before the Oath. But after much debate before they came to any resolution upon the matter, the Commissioner ordered the House to be adjourned till the 17th. of July, nor was any more done in this affair, that we find during this Sessions. For the next day the Earl of Argyle, having obtained his Commission for Fire and Sword against all that adher'd to Dundee, or would not join with him in the common defence of the Country, to secure it from the eruptions of Dundee, began his journey Westward; carrying along with him some Troops of Horse and several Detachments to join his own men and Followers, with several others in that Country which were in a readiness to come into him upon his appearing in those parts, to secure the Western Coasts, in case of any invasion from Ireland, or any other Insurrections or Commotions on that side the Country. Having therefore thus prosecuted in a continued series this same stiffly contested business of the Committees as far as it would go, we must now return back for account of several other transactions both before as well as during this contention and after it was over. Before there was nothing else done, but after the Parliament had sent away their Reasons and their Letter in reference to the business of supernumerary Officers, the draught of an Act was given into the House and read, that no persons who were employed 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 public 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 only shown 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 Queen's Majesty, considering that the Estates of this Kingdom, have by their Vote declared their sense and opinion, that such have in the former evil Government been grievous to the Nation or have shown 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 encroachments 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 reigning were Proclaimed; 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 Liege's, and redressing their Grievances, by acting contrary to the good designs, since the time they became public by Votes and Acts of the Meeting, be allowed to possess, or be admitted into any public trust, place or employment 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 Sceptre: So that instead of a Living Law it only became a dead piece of Writing. Which was a surprise to many that were concerned in the passing it, as well as to several others, that were zealous for the King and the Kingdom's interest, that there should be men found who could spy out any thing in this Statute which deserved 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, than 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, only 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 people's 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 moved that in the room of the Words, To settle the Government of the Church, etc. the alteration might be, to settle such a Government, etc. 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 expressed 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 People's 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 reformed from Popery by Presbyters, and therefore aught to be rescinded. Our Sovereign Lord and Lady the King and Queen's 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 Queen's Majesties do declare, That They, with the advice of the Estates of this Parliament will settle by Law that Church-Government in this Kingdom, which is most agreeable to the inclinations of the People. This Act was touched with the Sceptre 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 supreme Authothority and Supremacy over all persons, and in all Ecclesiastical causes within the Kingdom of Scotland, by virtue 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 looked 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. Entitled An Act asserting His Majesty's 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 passed without any contradiction, yet was it never touched with the Sceptre. Which was the more wondered at, in regard his Majesty's instructions were express to his Commissioner in these words. You are to pass an Act establishing that Church Government which is most agreeable 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 Precedent of the College of Justice. As to the first there were two draughts brought into the House, and formed 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 Queen's Majesties and the Estates of Parliament, by their Act of the first of July Instant, Abolishing Prelacy, etc. 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 Queen's Majesties, with the Advice and Consent of the Estates of Parliament, revive and renew the said Act of Parliament in all the Heads, Points 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 obliged to take any other Oath, shall enjoy their Churches and Benefices, etc. 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 pertained 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 Queen's Majesties with the advice, etc. Ordain the said Ministers etc. to be restored. And the King and Queen's 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, etc. 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, etc. 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 only 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, etc. their Majesties declare that they with the advice, etc. will enact such Rules as shall tend most to the kerbing Vice and advancement of true Piety and Religion, and the preservation of Peace and Unity. Their Majesties also, with the advice etc. 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 Jurisdiction given to Bishops. The 1. Act of 21. Parl. of K. J. 6. concerning the Ratification of the Acts of the Assembly at Glasgow, Anno 1610. and the 1. and 2. Acts of the 22. Parl. of K. J. 6. Anno 1617. concerning the Archbishops and Restitution of Chapters; and the 1. Act of the 23. Parl. of K. J. 6. An. 1621. about the Ratification of the Articles of the assembly of Perth. And all Acts and Constitutions whatever prejudicial to the Church-Government by General, Provincial and Presbyterial Assemblies and Kirk-Sessions; or so far as they are in favour of Archbishops, Bishops, Abbots, Priors or other Prelates whatever, etc. or in favour of the civil places and power of Churchmen, their ruling and voting in Parliament etc. by virtue of their Titles or any other pretence whatever, etc. And all other Acts inconsistent with this present Act. Concluding with an appointment of the Time and Places for the first meeting of the Presbyterial Assemblies; and empowring them to choose their Moderator, with orders to give him the Oath of Allegiance, and to return the Oath taken and subscribed, to the Clerks of the Privy Council. The Act presented by the Lord Cardross, was the same for the settling the Church Government by General Assembles, Presbyters and Provincial Synods: but made no mention of rescinding the many Acts mentioned in the Lord Commissioners draught. It was the same for restoring the deprived Ministers; but differed in the addition of Clauses for sentencing and depriving all that gave not Obedience to the Act against the owning the late King. It also made void all Patronages and Presentations to Churches, an Intolerable servitude upon the Church of God with all Laws made in favour of them, and particularly the 9th. Act of the 1. Parl. of Charles the Second. Nevertheless that the Tithes of the said Churches, whereof the Patronages were abolished, should belong to the Patrons, and be inserted in their Infeoffments, in lieu of the said Patronages, with the burden always of the Ministers Right and Stipend. There was also another Clause for suspending all Ministers called Conform Ministers who entered by and still continued under the Prelacy from the Exercise of any part of the Presbyterian Government; only that they might continue to exercise their Pastoral Charge within their respective Parishes, and hold their Kirk-Sessions for Discipline therein, till farther order: Declaring in the last place that their Majesties and the Estates would with all conveniency take the advice of such Ministers as were known to be of the Presbyterian Persuasion, and by their advice lay down such methods as should be judged most effectual for purging the Church of all Scandalous Erroneous, insufficient and disaffected persons, and providing for the particular Churches with able and well qualified Ministers, and establishing the Exercise of the Presbyterian Government, according to the true intent of the Act. While the settling the Church Government was thus in debate an Address presented from the Presbyterian Ministers and Professors to the King's Commissioner, was by him given into ใ€ˆโ—Šใ€‰ House, and there read upon the ใ€ˆโ—Šใ€‰ of July. Wherein, after they had made all due acknowledgements to God, and his Majesty for their wonderful, and unexpected deliverance from the Great Oppressions which they had suffered under the Cruelty and Ambition of the Prelacy of that Kingdom; they humbly beseech the Commissioner, and the Estates of Parliament, seeing the King had declared, and their Lordships with him had zealously appeared for the Protestant Religion, That they would be graciously pleased by their Civil Sanction to establish and ratify the late Confession of Faith, with the larger and shorter Catechisms, which contained the Substance of the Doctrine of the reformed Churches; the directory of Worship, and Presbyterial Church Government, all agreeable to the Word of God, and formerly received by the General Consent of the Nation. And in regard that Prelacy and all who had entered under Prelacy, had been imposed upon the Church without her Consent, in any of her free General Assemblies, and that Presbyterian Government could not be safe in the hands of those who were of contrary Principles; therefore they humbly petitioned, that the Church Government might be established in the hands of such only, who by their former carriage and sufferings were known to be sound Presbyterians, and well affected to His Majesty's Government, and that those Ministers yet alive who were thrust from their Churches might be restored. They also pray that they might be allowed by Civil Sanction to appoint Visitations for the purging out of insufficient and scandalous Ministers; and that Patronages which had their Rise from the most corrupt and latter times of Christianism might be abolished, and the Church established upon its former good foundations confirmed by many acts of Parliament, 1560. And that all Acts ratifying Ceremonies and imposing Punishments upon Presbyterians for Nonconformity, might be abolished; and lastly that their Lordships would take care that learned sound and Godly men might be put into the Universities and Seminaries of Learning; humbly submitting to their Lordship's wisdom the method of considering and effectuating these their desires. But neither did either of the two draughts please, neither could the farther consideration of the Address be at that time entered upon. For the House had made an order the day before, by reason of a Letter from the King to the Privy Council, and a Proclamation thereupon by them issued forth for opening the Signet, not to proceed any farther in the affair of Church Government, till the Letter and Proclamation were considered, that in the mean time there should be a stopped put to the opening of the Signet. Only they were so far willing to gratify the Addressers, that they Voted and approved an Act for restoring Presbyterian Ministers to their Churches, which was presented by Sir William Hamilton, To this effect; That whereas in pursuance of the Claim of Right, Prelacy, etc. was abolished, and that many Ministers of the Presbyterian persuasion since the first of January 1661. had been deprived of their Churches, or banished for not Conforming. Therefore their Majesties with advice of the Estates ordained, that those Ministers, should forthwith have free access to their Churches and exercise the Ministry in those Parishes without any new call thereto; and enjoy the benefits and stipends thereto belonging, with some reserve to the incumbent of the last years rend as if the Churches were not vacant. But then the business of the Lords of the Sessions coming on, the Question was put, Wither the Nomination of the Lords of the Sessions made by His Majesty, in case of a Total vacancy required the Authority of Parliament? And whither it were requisite by the consitution of the College of Justice, that the Precedent of the Session should be Elected by the Lords of the Session? These two Points occasioned a long debate, at the end of which the draught of an Act was brought in declaring the methods of naming and admitting the Lords of the Session; To this effect, That by the Laws of the Kingdom, when the place of an Ordinary Lord of a Session was vacant, it was to be supplied by the King's nomination of a fit person for the said Office, and presenting him to the rest of the Lords of the Session, to be tried or rejected by them, but that then there was a total vacancy, by reason of the happy Revolution, so that there could be no such Trial by the Lords: in which case when such total vacancies fell out, the Lords were either nominated by the King and Parliament jointly; or if they were nominated by the King, and the Lords so nominated were admitted by the Parliament. Therefore the Act was so drawn that their Majesties would nominate fit persons for the said Office and present them to the Parliament, to be tried approved or rejected by them. It was also farther ordained, That at all times hereafter when any such total Vacancy should happen, that the nomination of the Lords of the Session should be in the King and Queen for the time being, or in the Regent, during a Minority, so they should be presented to the Parliament to be tried, etc. It was also farther Enacted that there should be a Ratification by their Majesties of the 93. Act of the 6th. Parliament of K. J. the VI concerning the Admission of the Ordinary Lords of Session, and Reformation of abuses therein. And the 132 Act of the 12th. Parliament of King James the VI concerning the Jurisdiction, Presentation, Qualities and age of the Lords of the Session; in all the heads, clauses and articles of it: as also of the clause contained in the 93 Act of the 6th. Parliament of King James the VI Declaring that the Precedent of the College of Justice should be Elected by the whole Senate. This Act as it was drawn into form, was read again the next day, together with the 93 Act of the 6th. Parliament, and the 132 Act of the 12th. Parliament of King James the VI to which the draught referred. And upon debate for a long time, the Question being put, Wither the Vote of the House in reference to the Act should be stated in the terms, of approve or not approve, Or of Representing to His Majesties, or not? It was carried that the Vote should be put, approve or not approve; and then the question being put, Wither the Act was Approved or not? It was carried in the affirmative. The Parliament having proceeded thus far, thought fit in pursuance of their Vote and Approbation of their Act, to make another Vote, that the stop put to the Signet should be continued, and that an Order should be drawn up for that purpose, till the High Commissioner should represent the whole matter to His Majesty, and that he should be pleased to declare his farther pleasure. But in the Height of this dispute the Parliament was adjourned upon the second of August, to the eight of November next ensuing; and when that day approached from the eighth of October to the twentieth of December following, and from thence again to the first of March, which caused a long Cessation of Parliamentary business. Having therefore thus brought the Parliament to the end of their City Consultations, it may be time to look into the Field, the rather because it was but a very little while before the adjournment of the Parliament, that the rebellion of Scotland came to any thing like a Period. The main disturbance after the happy Revolution, was raised by the Viscount of Dundee, who as he began with small beginnings, so through the vigilance of the Convention, and the Parliament after them, he never arrived at any number to render him very formidable; only by lurking and roaming up and down in the Fastnesses of the Highlands, he took his opportunities more like a Freebooter, than an Enemy to commit petty mischiefs, that at length brought inglorious ruin upon himself, and those that adhered to him. At first he was said to be gone Northward, and that a Herald was sent after him to summon him before the Convention, but he could not be met with. So that because he refused to appear before the Convention, and for that he kept an Armed Force about his own House, and corresponded with the D. of Gourdon, he was upon the 30th. of March denounced a Rebel by the Vote of the whole Assembly. Upon the Herald and the Trumpeters being sent after him, he sent a letter to the Precedent of the Convention, to excuse his absence and his not appearing; seeming to wonder at it as an extraordinary thing, that a Trumpeter and a Herald should be sent to summon a Man to lay down Arms, that was living peaceably at his own House. That he did not think his person safe among so many Enemies as he had in Edinburgh, and who as he was well assured, had laid their designs to murder him, and therefore he hoped the Convention would discharge such a groundless pursuit. That if they thought his appearance necessary, yet it was impossible for him to attend with freedom and safety in regard of the Men of War, and Foreign Troops that lay in his way. Concluding that if the Convention could not be prevailed with to wave his appearance, yet that they would delay it till his Lady was brought to bed, and offering in the mean while, either to give his Parol or Security not to disturb the peace. But notwithstanding this Letter, the next news that the Convention heard of him was, that he was gone Northward with a part of Fourscore Horse, and directed his March toward the Duke of Gourdons Country, where he was in hopes to find more assistance, which caused the Convention to give Orders for a considerable Force to make after him. His first act of Hostility was done against the Town of Innerness, to the Inhabitants of which place he sent to demand contribution, threatening them with Military execution unless they paid it. But the neighbouring Gentry gathering together a considerable Force got into the Town, and constrained him to betake himself again to the Hills. After this he attempted to have surprised the Town of Dundee, but he found them so well prepared to receive him, that he was forced to draw off. After which two unsuccessful attempts in a very dark night he entered St. johnston's, and having taking the two Lairds of Blaire and Pollock, two Gentlemen of Quality out of their Beds, hastened back to his Fastnesses. Several other attempts he made, and having increased his strength by the addition of the Mackdonalds, Mackleans and others that came into his party, he became above three thousand strong, and threatened to fall into the County of Argyle. Of all which things the Convention had daily Intelligence, and therefore ordered Major General Mackay with a considerable Force to hunt the Rebel out of all his Lurking holes. The Earl of Argyle was also sent to secure the Country of Argyle, and Colonel Ramsey and others to shut up other Passes into the Highlands to prevent the daily Incursions of the Rebels, who lived only upon the spoil of their Neighbours. Nor was the Major General less Vigilant to follow the Rebels, watching all opportunities to get at them, and dislodge them out of their Fastnesses either by Surprise or open Force. But as it was found out afterwards Dundee had still Intelligence out of the King's Army of all the Motions and Designs of the Major General; by which means Dundee being continually forewarned, fled from one Hill to another, and from one Wood to another to the great vexation and disappointment of the pursuers. But this Conspiracy was about the middle of June luckily disclosed by the surprise of a Footman, who carried several Letters which discovered the whole Conspiracy, and all the Conspirators were soon after apprehended; who appeared to be all Officers and Soldiers of the Scotch Regiment of Dragoons; among whom the most considerable were Lieutenant Colonel Levingston, Captain Lieutenant Creictown, Lieutenant Murray, and several others; of which there were some confessed that the bottom of the design was to have betrayed the Army to Dundee, and to have seized upon the Major General in his Tent; or at least to have gone over to Dundee upon the first engagement that should have happened between Him and the Rebels. For which being Tried by a Council of War, they all threw themselves upon the King's Mercy. Much about the same time four or five hundred Irish commanded by Colonel Cannon, Colonel Vanchap, Colonel Buchon and others, Landed in the Isle of Mull to join Dundee. This re-inforcement was sent by the late King under a Convoy of three French Men of War, two of Thirty five Guns apiece, and one of twenty three, and were met by two Scotch Frigates, commanded by Captain Hamilton and Captain Brown, who fought the Three French Men till they had neither powder nor Shot left, and that the two Captains and most of their Men were killed or disabled; so that they both fell into the Enemy's hands; though Captain Brown's Ship was soon after retaken by Captain Rook. But notwithstanding this supply, Major General Mackay, being resolved to go and find out the Enemy, directed his March as far as Lochaber, through the County of Athol; as well in hopes to join a body of Fifteen Hundred Athol Men, which as he was made believe would appear for him, so soon as he came into that Country; as also to take in the Castle of Blair, where one Stuart of Belloghen had planted some Athol Men for Dundee. To this purpose upon Saturday the 17th. of July, he marched about sixteen Miles, and got through a narrow pass, where three or four men could hardly go abreast. But by that time Intelligence was brought him, that Dundee was near at hand, and ready to engage him about two Miles from Blair Castle. Upon which he drew up his Men in Battalia, to the number of between three and four thousand foot, two Troops of Horse, and two of Dragoons. On the other side, Dundee came on with about six Thousand Foot, and a Hundred Horse. The fight began between four and five in the Afternoon, and lasted till very near Night. Both sides fought with great Courage and Resolution for some time, till some of the Major General's Regiments being overpowred by the Enemy, and giving way, put some part of his forces into Disorder, so that he was forced to draw off and retire toward Sterling, where he arrived on Monday Night with a Body of Fifteen Hundred Men in very good Order. Many Men were slain on both sides, but more of the Enemy; and that which most of all augmented their Loss, was the Death of the Lord of Dundee, who was slain with a shot which he received in his left Eye. Many people believed that there was Treachery in this Business, more especially from the Athol Men, of whom not above sixty came to the Major General, of fifteen Hundred which he expected; and of those few that came to his Assistance, some that were sent to bring Intelligence of the Enemy's Motions, instead of doing their Duty, went and gave the Rebel's Advice of all the Major General's Demarches. Nevertheless, in some measure to retaliate this Misfortune, soon after the Major General having received Intelligence, that a selected Party of the Rebels to the number of five or six hundred Horse, Foot and Dragoons had a design to fall upon St. Johnston's, to surprise the Stores and Provisions that lay there for the supply of His Majesty's Forces, marched out from Sterling with a Party of Horse and Dragoons, and happening to meet with the Rebels, gave them a total Rout; killed and took the greatest number of them, and among the rest, Captain Hacket, who commanded the Party. Dundee being dead, the Earl of Dumferlin, and Colonel Cannon contended for the chief Command, and sent into Ireland, for the late King to determine the Contest; by whom it was decided for Colonel Cannon. Not so well done, as some thought to prefer a stranger before a Native so considerable for his Title: especially considering how natural it is for the Scots to adhere to the Grandees of their own Country. However Cannon hoping to supply that defect by gaining Reputation to his Honour, resolved to signalise himself by some great Exploit. To which purpose understanding that Lieutenant Colonel Cleeland lay at Donkel with the Earl of Anguss' Regiment, consisting of Eight Hundred Men, came down from the Hills upon him with all his force that made up the Number of between three and four Thousand Men, besides the Addition of the Country. Cleeland observing the great Disproportion between the Number of his own Party and the Rebels, took his Ground the most advantageously that the place would give leave, planting his men behind Dikes and Ditches which he caused to be cast up, as also within the Walls of the Marquis of Athol's House and Garden, and in the Church and Steeple of the Town. The Highlanders came on in swarms, firing only once and then running in with their Swords and Targets; but Cleelands' men received them so warmly, and plied them so fast with their small Shot, as they pressed on in Throngs and Crowds, that few of the Defendants Bullets flew in vain. In the heat of this Action Cleeland himself was wounded in the head and died immediately. The Major of the Regiment was desparately wounded: nevertheless the Soldiers were so far from being dismayed at the fall of their two chiefest Officers, that they fought with so much the greater Courage, and behaved themselves with that effectual Resolution, that after a hot dispute of three Hours, the Rebels found themselves constrained to fly back to their Hills, leaving a great number of Carcases behind them; insomuch that when some of the Officers of the Rebels would have had them returned and given the Victors the other Assault, they would not hear of it, crying out, they would not fight against Men both Desperate and Mad. The common report was, 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 scour the Country, found several dead bodies of the Rebels strewed about the Country, which made it believed 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 Indemnity: as did also the Earl of calendar, 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 rob him of all he had; breaking open his Trunks, and taking away his and his Money, not sparing his purse of Gold, wherein he had fourscore Lovis 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 privilege of approving the persons nominated for Lords of the Sessions by the King, and the Right of choosing the Precedent, which they alleged 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 King's 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 signify 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 complete nomination of the Lords of the Session, and to have the Signet opened that Justice might have its Course. To which purpose he required and authorised his Privy Council to issue forth a Proclamation to certify 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 Queen's 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 Majesty's 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 Precedent of the College of Justice, and Sir John Baird, whom the King had restored to his place, and Mr. Alexander Scomtown of Marsington, had been tried 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 completed, 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 King's Justiciary. Which Court being opened the first time since the Revolution upon the Twenty seventh of January, the Earl of Lowthian expressed 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 assured 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 persuaded would by the choice of their Lordships have the desired Effects. He desired not to make reflections upon past Miscarriages, otherwise then as to be a Beacon to keep men from making Shipwreck upon the same Rocks. That the Corruptions of Mankind did often compel Justice itself to incline more to severity than were to be wished, yet that it ought to be dispensed with such Moderation, that the Sentence itself might convince the world, that there was not wanting in it both Mercy and Favour. That it was not the Goodness or Fertility of the Climate, nor the Goodness of the Laws that made a Kingdom happy, but their passing through those impure Channels whose Ambition, Luxury and Pride rendered them fit Tools for Tyrannical Arbitrary Men, that was to be prevented. So that if their Lordships did but make it their Duty, Honour and Interest to imitate their Religious, Prudent, Valiant and just Prince and Deliverer, the Nation would be the most happy in the World. Insomuch that for his part, if he could be so Fortunate as to add but one Grain to the Scale of Equity, he should esteem it his greatest Advantage, and himself overpaid for all the pains he could ever he capable of. This Speech of the Earl of Lothian, as it was received with a deserved applause by the other Lords and Officers, so the Subjects of Scotland in General quickly perceived the difference between the Arbitrary proceed of the late Reign, and the legal and easy administration of Justice since the happy Revolution, and the late settlement of the justiciary here; a particular instance of this may be seen in the permitting the Lady Castle-Haven to enter a Protestation against a Decree even of the Lords of the Session, pronounced in a case before their Lordships, betwixt the said Countess and the Lord Collington her son in Law, wherein she declared her resolution to seek her remedy in the next ensuing Session of Parliament; a Liberty which for many years before has been disallowed and found impracticable by the Scottish Subjects. But yet notwithstanding the many signal advantages accrueing to this Kingdom by the redress of those Grievances, under which they had for several years lay, there were found several ill affected persons who both by public and private practices, endeavoured to disturb and bring into confusion the present well settled Government. About the beginning of February eighty nine, five Gentlemen of the Shire of Angus were apprehended and brought away prisoners for committing a Riot, that by the circumstances produced and proved against them, of an Insolence not often paralleled. It seems they being at a Country Wedding, they amongst other Healths, began and drank that of the late King, not at the same time omitting some scandalous Reflections on the present management of Affairs; and not content with their own crimes were resolved to force others of their Company to a commission of the same, and accordingly drawing their Swords set them the to refusers breasts, threatening immediate death without their compliance; their names were Durham of Omaghie, Graham of Duntreath, with his two brothers, and Guthrick of that Title; but being carried before the Privy Council, after a full hearing, the two first were sentenced and adjudged, the one to pay one hundred pounds, the other five hundred Marks, and to be imprisoned till the payment thereof: And now his Majesty having in a Letter bearing date the thirteenth of February, intimated his kind acceptance of the Lords of his Privy Councils humble invitation, that His Majesty would be pleased to be present at the next Session of Parliament, which was to be holden the first of March next ensuing; he gives them many reiterated assurances of his Gracious designs and resolutions to perfect the delivery of the Protestant Religion in general, from the many dangers and encroachments it lay under, and in particular of the Church and Kingdom of Scotland, but that upon mature consideration that the many urgent and great matters that concerned the common good of the Protestant interest throughout his Kingdoms and elsewhere, did indispensably require him to meet his people of England in a Parliament, to be held on the twentieth day of March, he thought fit to continue the adjournment of the Parliament of that his ancient Kingdom to some longer time, and therefore required them to issue out in his Majesty's name a Proclamation for the adjournment of the said Parliament of Scotland, from the first to the eighteenth of March ensuing: betwixt and which time he would endeavour to lay down such measures, and give such instructions to his High Commissioner till his Affairs would permit his own presence, as he doubted not would give satisfaction to his people; graciously expressing to them that he should always prefer their safety to his own quiet and repose. Assuring them that he esteemed the governing by Law, to be the greatest and furest of his Prerogatives. Upon the receipt of His Majesty's Gracious Letter, the Privy Council forthwith issued their Proclamation in His Majesty's name to adjourn the Parliament, from the first to the eighteenth of March following. About this time one Strachan who was suspected to have held and carried on a correspondence with the late King James, was apprehended at Greenock by a party of the Earl of Argyles Regiment, and brought Prisoner to Endinburgh; he was examined before a Committee of the Privy Council, to whom after a promise of his Life made to him, he confessed all that he knew of the matter: he owned he was a Roman Catholic, and that he had lately come from Dublin with several Letters, Commissions and Papers from the late King, which with other things he had delivered to one Gourdon a Regent of Philosophy, in the College of Glasgow. Gourdon thereupon by the application of the Earl of Argyle was forthwith siezed and brought up to Town, and upon search there were several Treasonable Papers and Commissions found about him, his contrivance to conceal them was by sowing them up in the soles of his shoes, the directions were to several suspected persons, and an order to apprehend them was immediately issued forth. These Papers were thought to make an ample discovery of the late King's designs on the Kingdom of Scotland, and of most of the persons that were to be made instruments for the bringing them about, nor were the public and hostile endeavours of the Rebels less unfortunate or successful, than the private intrigues and managements of some disaffected persons in this Kingdom. For Sir Thomas Levingston about the latter end of this Month being advertised that several Parties of the Rebels designed to Rendezvous about the Castle of Erchless, belonging to the Chisholm of Strathglass, he presently order a detachment of seven Companies of Foot, of the Lord Strathnavers Regiment, two of the Laird of Grants Regiment, two Companies out of the Garrisons of Castlehead and Braan, with two Troops of Horse, all under the command of Lieutenant Colonel Lumsdane to advance to Strathglass and Erchless, with instructions to use Military Execution on all that opposed them, and because the Castle of Erchless seemed to stand convenient for the settling a Garrison which might overawe and restrain the incursions and Robberies of the Highlanders, they were ordered to leave a sufficient number for that purpose, and to make good the place: Upon the first approach of our Forces the Rebels became shamefaced, and turned their backs flying with all the precipitancy imaginable to the Hills, and their other Fastnesses leaving us a considerable booty of all sorts of Provision, and Forage for Man and Horse, together with some hundreds of Bolls of Oats, intended for the use of the Earl of Dumferling. At our departure from hence there were left four Companies of Foot under the command of Major Mackay; and now the time for the Sitting of the Parliament drawing on, we had several flying discourses that the Honourable the Lord Mellvill Secretary of State, was preparing hither from England under no less a Character 'tis thought than Lord High Commissioner for the ensuing Sessions of Parliament; though for sometimes seemed to hang in dispute between his Grace Duke Hamilton, and his Lordship yet the speedy Arrival of his Lordship, put it out of all doubt, and upon the opening of his Commission he was forthwith Declared High Commissioner for the ensuing Session, and accordingly made his entrance into the Town of Edinburgh with a Magnificence suitable to that Character, being attended with the Nobility and Gentry, and the King's Guards to his lodging; after which Ceremonies the Council sat, where his Lordship intimated His Majesty's pleasure to them to issue out a Proclamation for the farther adjournment of the Parliament, from the eighteenth to the twenty seventh of March instant, which was by proclamation adjourned accordingly. About this time there were four promoted to the dignity of Earls of this Kingdom, viz. The Lord Mellvin created Earl of Rith, Lieutenant General Dowgiass, was created Earl of Dundee: Sir James Dalrimple of Stair Lord Precedent of the Sessions was made Earl of Hare, and Major General Mackay was made Earl ofโ€” The Lord High Commissioner with his Majesty's most Honourable Privy Council, about this time taking into their serious consideration, how much the good and welfare of the Kingdom of Scotland, depended on the unanimous and wise Counsels of the ensuing Parliament, thought fit about this time to issue out their Orders for a day of Humiliation, and a general Fast, to be held and observed in the South parts of Scotland, by all people both in Meeting Houses and Churches, to send up their humble supplications and prayers for his blessing on the proceed of the ensuing Session, which was most Religiously and devoutly observed in all places; and indeed considering the several distractions about matters of Religion, in general and particularly about Church Government, that had for many years by grievous fits broken out and raged in that Government, it could not but provoke the most zealous prayers and wishes of that people, for the prosperous agreement and good Resolurions of a Parliament, on which they looked as resolved to settle matters as they should be found most agreeable and suitable to the genius and inclination of that Kingdom. The Rebels all this time received fresh disappointments every day, and their Army still dwindled into small inconsiderable parties, several of their Friends of Note forsook them, and the promises of recruits and assistance of Arms and Ammunition failed them. Colonel Buchan had gone for Ireland a good while ago from them, and though he had promised them speedily to return with sufficient supplies, yet they could hear no news of him, several of the Highland Clans refused to join with them, and amongst them Sir Donald mac Donald of Sclate, who was a man of great interest among them. Several that were making their escapes to Dublin to the late King were taken, on the Coast of the North of Ireland; amongst which were two Sons of the Provost of Bell of Glasgow, one Forester a Clergyman, and one Dunbar that was Gunner in the Castle of Edinburgh when it was summoned by the Estates, in the Names of their Majesty's King William and Queen Mary, all these persons having been obnoxious to the present Government last year by their Plots and Conspiracies to disturb the peace, and raise War in the Kingdom, were apprehended and laid in Goal, and being guarded up to Town by the Earl of Eglinton's Regiment of Horse were brought before the Privy Council, and upon their promises of living peacefully hereafter, and making what discoveries they could at present, they were by their Lordship's clemency bailed and set at liberty. The Countess Dowager of Arrol who had been apprehended and sent Prisoner to Dumbarton Castle, upon an accusation of her holding Treasonable correspondence with the late King James, and others; their present Majesty's professed Enemies: was now also upon her petition removed to Edinburgh Castle. The Lord Belcarras was bailed out also, who was one that was taken in the North with the Lord Oliphant, and Auchintrat all three Roman Catholics. Thus the Government by all the mild applications and endeavours strove to reduce all parties that seemed disaffected to the happy change that was wrought in this Kingdom, or at least to leave them without excuse or complaint, that may or shall afterwards be inflicted on them for their obstinacy and wicked perseverance in any of their aforesaid crimes. About the latter end of this month of March, and within three or four days of the time appointed by his Majesty for the Sitting of the Parliament, His Majesty was pleased to signify again by His Letter, His Royal Will and Pleasure for the farther adjournment of the Parliament to the fifteenth day of April next ensuing. The Letter was in substance to this purpose, That the earnest desire he had of bringing all the counsels and deliberations of the Parliament to a happy close, and as much to the general satisfaction as could be, had prevailed with him upon mature considerations to defer the time of their meeting for a small time, until some few businesses before them were so prepared, and some interests so adjusted and disposed, as that the unity of their Counsels thereafter might be an encouragement to all good men, and an utter disappointment to those who were Enemies, as well to them as himself; and who endeavoured nothing more than to satisfy their vain hopes by some seeming probabilities of breeding Divisions amongst them. That since the urgency of his other Affairs had deprived him of the satisfaction of being himself amongst them for the present, he had till a more favourable opportunity should present, recommended to them the E. of Mellvill, from whose good qualifications he doubted not of those methods that might remove the causes of their evils with their effects, and from whose Wisdom he hoped they would find matters so prepared for their consideration, as should bring his Subjects to that Concord and Unity in his Service, as should make that Meeting be called the Happy and Healing Parliament. Upon this Letter of his Majesty, the Privy Council immediately issued their Proclamation for the adjournment of the Parliament to the time aforesaid. In the mean time our Army prosecuted the Rebels with vigour and continual success; and Colonel Hill was by His Majesty's Commission Constituted Governor of Innerlochy in Lochaber, and until such time that Lochaber were reduced, and some Fortifications raised for the security of the Garrison in Innerlochy, he had the Government of Dunstaffage conferred on him; he is extremely well affected to their present Majesties, and very tightly acquainted with all the methods and ways of the Highlanders as well as the places, and it was hoped that in a little time he should be able to give as good account of them, as when he was Governor there before; and had there a Garrison of about eight hundred men, having by his knowledge and industry reduced it to a regular compliance with the Laws of the Kingdom. His Grace Duke Hamilton was about this time made Lord Precedent of His Majesty's Council, and first Commissioner of the Great Seal, the Council having by the majority of Votes put an end to some former disputes about signing Warrants of Council, it being Voted now that the subscription of the Precedent alone should in all Orders and Warrants serve as fully as if they had all Signed it. The Countess of Arrol having upon the proffer of the Council, Liberty upon her Parol of Honour to be any where within ten Miles of Edinburgh, would not agree to it which gave a just occasion to have a guard set upon her. 'Tis the nature of some people to be peevish and stubborn even when they are best used, they are uneasy in their natures and discontented for trifles, and love to be clashing with Authority, we have seen very lately the least dislike even of the known irregularities of the Government sufficient to give one an apprehension of being indicted for High Treason, and as the sinfulness of one Reign will not, nor aught to be made use of as a Precedent for another to tread the same steps, so I must be bold to say, that the abuse of Mercy in this, aught to be as severely prosecuted against some sorts of people, as the abuse of Justice in the other. The Highlanders upon the approach of the Summer season, according to their usual Customs, were now preparing to make incursions upon the borders, and forming themselves into a body of four or five hundred, made a Descent upon Strathglass, and assaulted the Garrison of Erchless, which was as I aforementioned, kept by about two hundred or less of the Laird of Grants Regiment, but by the industry, courage and zeal of their old plague Sir Thomas Levinstone, who commanded a considerable body of Horse and Foot at Inverness, they were forced from a strong Hold they were possessed of, routed, pursued and killed, and a considerable Booty of recovered, these Rebels or rather Robbers or both, seeming even from their only pretending to assert the interest of the late king, to partake by way of plague of his ill Fortune. Though many people were dissatisfied with the several adjournments of the Parliament from time to time from whose Meeting they doubted not of all the satisfaction they had so long gaped after, yet now upon the certainty of His Majesty's Resolutions to let them sit at the time appointed, all their fears and scruples vanished in a moment; it being on all hands especially confirmed that his Grace the Lord Commissioner had full and authentic instructions from His Majesty to redress all Grievances, and to settle the Church Government as it should appear most suitable to the Will of God expressed in his Word, and to the inclinations and usage of the people. And they were much better assured of this when at the opening of the Parliament they had fresh assurances of the same, from his Majesties own hand, in his Royal Letter dated at Kensington the 18th. of April, within a week after their Meeting. Wherein he assures them, That it shall be their own fault if they had not all matters of Church and State settled, now upon such sure and lasting Foundations, as may render them reciprocally happy in one another during His Reign, and in all human probability, secure from any the like encroachments they lay under for the future. And now the long expected day being come, the High Commissioner attended by a splendid Train of Coaches of the Nobility and Gentry, and followed by His Majesty's Life Guards, went from the Palace of Holy Rood House, about Eleven of the Clock on the Fifteenth day of April, 1690. Where after the usual Ceremonies, His Grace delivered himself in a most Elegant Speech to this effect:โ€” That though the pressing Affairs of Ireland, requiring His Majesty's personal Expedition thither had deprived them of the happiness of his Royal presence as he intended, yet such was his regard to the inclinations of the good Subjects of that his Ancient Kingdom, that he would no longer delay their Meeting; to the end such a settlement might be established to that Nation, as might be a real security to its most valuable concerns of True Religion and Just Liberty: He put them in mind of the great things His Majesty had done under God for the rescuing them by the eminent danger of his own person and fortunes, from Popery and Slavery. That as his own Expedition and the necessary Defence they were still to make against the remainder of their implacable Enemies were immensly chargeable, so he did not doubt now of their ready concurrence, in bearing their just parts in the Expense; especially since they were assured that all their contributions would be expended for their own security. That as at his first coming his chief aim and design was to relieve them from the oppressions they groaned under, so he would be willing to pardon all those that would live peaceably and quietly in their several stations. He tells them at last, that nothing remains but that they (laying aside all animosities and private disputes) unanimously fall on to the redressing bad, and Enacting good Laws, to consider how the eyes of all Christendom are upon them, expecting (in this juncture especially) mighty things from them, that now it was fully in their own power to propose the surest remedies could be thought on, for their future Peace and Happiness, and that his most gracious Majesty was ready and willing to approve them. The Earl of Crawford seconded the High Commissioner with a most florid and pious Speech, wherein after he had set forth and demonstrated the wonderful works of God in his so signal delivery of them, from that deluge of misery that was just breaking in upon them, he earnestly presseth them to a sincere reliance on the protection of their Majesties, and to evidence a true and hearty zeal for his service, but above all he exhorts them to moderation in their disputes, and unity in their Counsels, that their Enemies may never have reason to ground their hopes on their divisions. And lastly he tell them that though they have the misfortune to be at some distance from the person of His Majesty, yet that he was assured they should ever find the influence and comfortable warmth of his favours, and therefore if the result of their Counsels were not happy to themselves, and of national advantage, he feared the present opportunity of doing well, if neglected, would prove a heavy charge against them in the day of their accounts. After the Parliament immediately fell on business, and the first matters of moment that they insisted on were the two Acts that were read and passed in the preceding Session of Parliament but were not touched, viz. The Act about the King's Supremacy; the second was the Act to repeal and annul the Rescissory Act, which abolished Presbytery, which Rescissory Act was made presently after King Charles the Seconds Restauration, and the question being put after some small debate, Whether they should be presently Touched or Voted afresh? It was carried they should be presently touched, which were done accordingly. About this time happened an odd adventure at Elgen about 30 miles from Inverness, the business thus; 4 or 5 Gentlemen being in Company drinking & making merry, among other discourses they happened to fall upon the times, and some of them being persons not very well affected to the present Government, in the heat of their Cups did not stick to express themselves according to their inclinations, one was in great expectation of the late King James' speedy return. Another very much doubted, one believed it feazible, another declared, he thought it impossible for the late King to recover or make a Conquest of Scotland again, at which expression one Thomas Tullock was so much enraged, that upbraiding their diffidence with a great many reproaches, he took a Pistol he had in his hand, and wished that that Pistol might be his death if he (the late King James) did not return again, and be Master of all his own, and before he could speak a word more the Pistol went off, and discharging itself into his breast shot himself clean through the heart, which when related with all its circumstances gave cause of astonishment not only to his own Company but to all that heard it. The Parliament had had several warm debates of the freedom that belonged to every of the Estates in Electing their several Members for their Committees, and after much time on several days spent therein; it was urged that the better to proceed in choosing of the said Committees, it was necessary that the Act concerning the repealing the former Committee of Parliament, commonly called the Articles, should be first sent for and considered; in which Act it was agreed that the Officers of State might sit, make Overtures and Proposals, and debate in the Committee, but not to Vote; now the House looking on this as a grievance, had heretofore in the last Parliament Voted and annulled the said Act, and agreed that in lieu thereof, the Bench of Noblemen might choose the Officers of State, to be Members of the Committee notwithstanding their being Ministers of State, which being a while argued was at length carried by the Vote of the house, and approved of, and immediately had the Royal assent. After which the Three Estates proceeded to the choice of their several Committees, the Estate of Lords as customarily, withdrawing into the inner Session house by themselves. The Estate of Barons continued in the Parliament house, and the Estate of Burroughs retired to the Commissaries Bench in the lower end of the Parliament house: Where after a considerable time they chose their several Committees as follow. Committee for Election and Freedom of Speech. Noblemen. The Marquis of Dowglass. Earl of Eglingtown Lord Forrester Lord Belhaven Lord Rollo Barons. The Laird of Blackbarrony Laird of Cragivar Sir George Munro Sir Andrew Agnew Laird of Dun Burroughs. Sir John Hall Sir Robert Mellvill Mr. William Erskine Mr. John Ross Mr. George Gourdon Committee for the Supply. Noblemen. Duke Hamilton Earl of Argyle Earl of Cassils' Earl of Forfar Earl of Terrace Earl of Kintore Barons. Sir John Maitland Laird of Anstruthero Laird of Knocks Sir Thomas Burnet Laird of Craigens Laird of Carrick Burroughs. Mr. James Fletcher Mr. Alexander Gourdon Mr. James Lawder Mr. John Cuthbert Mr. James Mardock Sir Patrick Murray Committee for settling the Church Government. Noblemen. The Earl of Crawford Earl of Southerland. Viscount of Arbathnet Viscount of Stairs Lord Cardross Laird of Carmichel Barons. Sir John Maxwell Sir Patrick Hume Laird of Brody Sir Archibald Cockburn Sir John Munro of Fowlis Mr. Adam Gourdon of Dallfolly Burroughs. Sir Thomas Stewart Mr. William Higgins Mr. James Smith Mr. John Anderson Mr. James Kennet Mr. Patrick Mardock Committee for Reducing of Forfaultures and restoring of Fines. Noblemen. The Earl of Morton The Earl of Lothian The Earl of Leven Viscount of Kenmuire Lord of Bluntire Lord Torpichen Barons. Sir Robert Sinclare Laird of Garthland Laird of Grange Dumbar Laird of Culloden Forbes Laird of Pitliver Laird of Rusco Burroughs. Mr. James Smallet Laird of Lewchold Mr. John Murray Mr. Robert Cleeland Mr. John Boswell Sir William Hamilton Thus the Committees being settled and returned to their several places, the high Commissioner (according to his privilege) appointed them to meet the next day and so to adjourn from time to time in the intervals of Parliament. The Rebels in the mean time though they were narrowly watched by their Majesty's Forces, had yet made a shift to muster up fifteen hundred choice and select men, and were come down and and encamped at the Foot of the Hills, near Straithspey in the County of Murray, commanded in chief by General Buchan, and Colonel Canon, and during their stay there had sent orders wherein they resolved to burn and destroy all that would not come out, join with them and assist them; of which Sir Thomas Levingstone having timely notice, without more deliberation took along with him eight hundred Foot, six Troops of Dragoons and two Troops of Horse, and with all convenient speed marched towards them, and encamped that night near Brody, where he was forced to attend two whole days the coming of his Baggage Horses. On the 30th. of April he received a very good account of the Rebel's Camp, numbers and posture, and resolving to take them napping if possible; he immediately Decamps and Marching all that night, he made a shift before the break of day to reach Ballagh Castle, from whence he could easily discern the Enemy's Camp by their Fires, and having received a very good account of the nature of the ground and the danger of the Waters, which run along the North side of the Enemy's Camp, and perceiving a resolution in his Soldiers to engage, suitable to his own inclinations he thought fit to let them rest for half an hour and refresh themselves, then enquiring about the Fords, for there were two, whereof one lay within two Musket shot of the Rebel's Camp, and guarded by a strong party of the Enemy; the other was near a mile up the River, and left unregarded and secure by the Enemy. To this he forthwith marches his Army, and in all imaginable silence passes without the least opposition, having before left two hundred Firelocks which he had ordered, at a convenient time to advance and fire briskly at that part of the Enemy that stood to secure the other pass, on purpose to amuse them, as if the whole Army was on that side coming to charge them, the project was so well laid, and so carefully executed, that our Horse and Dragoons were upon them Pellmell before they perceived them; so that being possessed with a panic fear they could make little or no resistance, but turned their backs and fled in all the confusion imaginable. However our Horse and Dragoons pursued them so effectually that they left above four hundred of them dead upon the spot, and had totally destroyed them and put an end to their Rebellion, if a thick Fog had not put an end to their pursuit. General Buchan and Colonel Cannon their two famous Leaders were so heavily alarmed, that the first was glad to fly without so much as Sword, Coat or Hat, and the other without more compliment took his leave in his Shirt; nor had the Earl of Dumferling been better Accommodated, but that by some accidental business he had removed, and was called away to some other quarter the day before; after our Armies return from the pursuit, Colonel Levingstone received information that the Highlanders, General Buchan, had detached a small party with several Officers of experience under the Command of a Kinsman of his own, and had given them Orders to possess themselves of an old Castle called Lethindey: our Commander thought fit to have it reduced, and forthwith Leading on his men he presently Beleaguered the same. At the first appearance the Garrison seemed inclined to a vigorous opposition, but our Commander perceiving the ground proper, presently lodged a Mine under the Wall, which the Enemy understanding they presently beat a parley, and surrendered themselves at discretion to the King's mercy. 'Tis hardly credible that in all this Action we had not one man of all our Army killed, and not above four or five wounded, and that but slightly neither, we had about half a score Horses killed; and this was all the damage we sustained in an action so important, we got all the Enemy's Bag and Baggage, their Provision, and great part of it was in Claret, Meal, etc. We took also the Standard which was to have been set up for the late King James; a great many of the Prisoners were men of note amongst them, the chief of them were these. Captain Allen Maclean. Captain John Maclean Lieutenant John Maclean Capt. Lieut. Cullo Lieut. haliburton Lieut. Middleton Lieut. Shewell Lieut. Christian Lieut. Drummond Ensign Ray Ensign Dunbar Ensign Macnaughton Capt. Hutcheons Lieut. Beard Capt. James Buchan Capt. Brown Lieut. Searcher Lieut. Braudy Lieut. Aughmouty Ensign Risen Some of these were taken in the fight others in the Castle of Lethindey, they were all sent up by strong Guards to Edinburgh and placed in the Tollbooth, and the Canigate. This Defeat as it is by the best judgements believed, has totally overthrown all the measures of the Rebels for this ensuing Campaign, and indeed considering they were the choicest of their men, and that they are in a rank despair of any seasonable supplies from Ireland. It was thought this misfortune would put them on a necessity of complying with the Government, and of living peaceably hereafter. The greatest encouragement they had received of late, was from the access of the Earl of Seaforth to them who had lately come from Ireland, and made towards the North, but neither his Interest on one hand to raise either men or money, nor his personal ability on the other was of such significancy, as to encourage them to any great perseverance. The Highlanders of Scotland are a sort of wretches that have no other consideration of honour, friendship, obedience, or Government, then as by any alteration of affairs, or revolution in the Government they can improve to themselves an opportunity of Robbing and plundering their bordering Neighbours. If there be any smack of religion amongst them, 'tis generally the Roman Catholic persuasion, on which account any disaffected person that retired among them was something likely to work to an inclination of assisting the late King James, however it seems the Earl of Seaforth did not meet with that encouragement and acceptance from them as he expected, for after many Harangues, and consultations he held with them upon his confident assurance, that the late King was preparing, nay had already shipped for their assistance of men, money provisions, and ammunition, together with the Duke of Berwick his son, and other brave Officers, after he had I say thought to decoy them with all these sweetening words and fine Stories, one of the Ringleaders among the Highlanders, that had a little more sense than the rest, boldly asked the Earl what was become of King William's Army and Fleet in the mean time these preparations were making and sending to them; to which the Earl as foolishly as confidently replied, that King William's Fleet were all blocked up in their Harbours by the French: an imposition so gross that the Highlanders ridiculed and disdained the impertinence, and resented the abuse. The Earl of Seaforth hereupon finding matters go very coldly for King James soon saw his error and repent his undertaking, and being willing to make the best of a bad market, made what intercession he could by his friends, to be received into the favour of the Government, but as yet the Council or Parliament have determined nothing concerning him. And now the Parliament were very earnestly applying themselves to the settling of the Church Government. They had already passed an Act in a preceding Session of this Parliament, for the abolishing of Prelacy, and all Superiority of Church Officers above Presbyters, this they did in pursuance of the claim of right at their Majesty's first accession to the Crown of Scotland, they now proceeded to an Act for the restoring those Presbyterians, who since the first of January, one thousand six hundred and sixty one, had been thrust from their Churches: the substance of the Act was this. That whereas many Ministers of the Presbyterian persuasion since the year aforesaid had been, for not conforming to Episcopacy, or Prelacy, and for not complying with the corruptions of the times, either deprived of their Church, and the benefits there hence accrueing, or banished their Native Country for the same. Therefore their Majesties with advice and consent of the Estates of Parliament assembled, ordain and appoint, that all those Presbyterian Ministers aforesaid, or as many of them as are yet surviving, shall forthwith have free access to their several respective Churches, that they may presently hereupon in their said Churches exercise their several spiritual functions and Offices in their said Parishes; not needing any new call thereto: and that they should enjoy and receive the whole for the year one thousand six hundred and eighty nine, and shall forthwith enter into their several Churches where they be vacant, and where they are not vacant than they shall be declared to have right and title only to half the benefits and stipends, which became due and were payable at Michaelmas last, for the half year immediately preceding, betwixt Whitsunday and Michaelmas, and that the present possessor shall have right to the other half years' benefits aforementioned payable for the Witsunday last passed: And by the force and authority of this Act, it is declared, that the present incumbent without let, hindrance or opposition, shall forthwith give way to the rightful Claimants aforesaid, and shall remove themselves, and upon notice and intimation thereof shall desist from their Ministry in their said Parishes, and the time allotted for their removal shall be betwixt the time of the passing this Act, and Whitsunday next to come, that the Presbyterian Ministers formerly excluded may peaceably enter and enjoy the same. This Act was immediately put in execution and the Presbyterians that were yet living took possession of their several Churches.โ€” This was no sooner done but the Parliament proceeded to consult about a draught of an Act for the settlement of the Church Government, but the Episcopal Clergy, now being sensible what would be the consequences of these deliberations, and what they were likely to be reduced to, formed a Petition forthwith, and with all convenient speed had it presented to the Parliament; wherein they humbly Remonstrated to the 3 Estates, that whereas they submitted to the Government of their present Majesties, conformable to the Law of the Land, they did humbly represent to and beseech his Majesty's High Commissioner and the three Estates of Parliament assembled, that considering they had already and would give assurance of their behaviour, according to the duty of faithful Ministers and peaceable Subjects under the present established Government, they would be pleased to take them into their gracious consideration, and secure to them that protection as to their lives and fortunes as had been before promised to them, and whereas by an Act now proposed and likely to pass by the application of the Presbyterian Ministers, for the establishment of Presbyterian Church Government in this Kingdom, by which all Ecclesiastical jurisdiction and authority is so committed unto them of the said Presbyterian persuasion, that thereby those said persons were made Judges of their Life and Doctrine, they humbly represented that this was positively prejudicial to that protection so often promised unto them, since thereby they were not only deprived of all interest in the Ecclesiastical Government, but upon every turn made liable to the scrutiny and censure of those men, (as to matter of their Life and Doctrine) who might justly be reputed their Enemies & parties, & consequently incapable of being their Judges, that tho' they did not fear to stand the Test of an Inquisition into their manners and abilities as to their function, yet they could not but look on it as an hardship to be tried and adjudged by persons whose incapacities they offered to prove were in all points superior to what was alleged against them, that they thought the Presbyterian brethren would not be so unequitable as to allow that now in their case, which for sometime they disputed and disallowed in theirs, to wit, as to the Presbyterians refusing to pay subjection in their Synods or Presbyters to any the Episcopal injunctions on the account of their difference in opinion from them. That they hearty grieved there had been no Ecclesiastical methods used for the healing those breaches that have been made in the Church, on the account of difference in opinion about Church Government, that they therefore did humbly beg that that High and Honourable Court, as they respected the honour of God, and the advancement of his holy Religion, would take into their gracious consideration, to prepare such healing methods as may best in their great Wisdoms be thought to tend toward the perfect reconciliation of those differences, which had so long disturbed and broke the peace and unity of the ancient Church of that Kingdom: and which now was likely to be oppressive to the Consciences and Interests of so many of their Majesty's loyal Subjects, and zealous Professors of the true Protestant Religion. This Petition was received and read in Parliament but matters as to the settlement of the Church Government was too far gone, for any extraordinary good consequence to the Episcopal Clergy from it: about this time came a report which afterwards proved a mistake, of the death of Sir Evan Cameron of Locheal, which was said to happen in manner following; The Rebels having agreed to send some considerable men of their party to King James, to represent their condition, and lay before him the necessity of sending some speedy supplies to them, or that otherwise they should not continue in a condition to hold out any longer, amongst them there arose a debate concerning fit persons to be sent, when Sir John Drummond of Machany having said to Macdonald of Glengary, that they that were King James his proselytes were his ruin, which Glengary being affronted at, replied very sharply to him calling him some base name, telling him withal he was as good a Protestant as he was, whereupon they both drew, and Sir Evan Cameron coming between them to part and reconcile them received an unfortunate wound in the fray, which happened not to be mortal, as was reported. The Parliament after some debates about considering an Act that was brought in for Liberty of Speech, the D. of Hamilton brought in the proposals for a Supply to be given to their Majesties for the maintaining the Forces, etc. at last they came to a resolution, that there should be a supply of seventy two thousand pound granted to the use aforesaid and for the support of the Government for this currant year one thousand six hundred and ninety, to be paid in two equal Moieties, and that the first payments should be made at Lammas, the other at Martimas next ensuing. And also thirty thousand pound sterling, should be assessed and raised for the three ensuing years, and the better to enable those that are obliged this current year, they are to have the retention of the sixth part of their annual Rents for this present year; and that all persons of all ranks, qualities and degrees should be obliged to pay to this Assessment, and none to be exempted but those that received Alms. There was also now a motion received and approven in the house, whereby it was enacted that all Commissioners, Clerks, Receivers and Collectors of the supply granted to their present Majesties, should first be obliged to take the Oaths of Allegiance to King William and Queen Mary, before they could be empowered to act in their Offices. In the second of June happened an accident which had like to have proved of very fatal consequence in the Town of Edinburgh, one Lendal Captain of the main Guard that night, perceiving one Keill a Captain of the Militia or Trained Bands of the Town, used him very uncivilly, giving him very opprobrious Language, and taxing him with the beggarly appearance of him and his Men, whereupon Keil being provoked, with a lusty Cane he had in his hand struck Lendal to the ground, whereupon some other inferior Officers made up, and laying hold of Kiel they presently made him prisoner and carried him forthwith to the Mainguard: Keil being a man well known and beloved in the Town, had hundreds of the Mobile presently resorting with sticks and staves, and threatening to pull down the Guard-house unless they did presently release Keil; in the mean time comes up a Magistrate of the town and immediately got Keil released, but the Gentlemen Mobs' blood being up they would not be satisfied without doing some injury to the Guard, which occasioned the Soldiers to stand to their Arms, and to threaten extremity to any that would dare to approach; all this however would not serve, but pressing on with vigorous insolence on them, the Sentinels were obliged to defend themselves, and happened to kill two of the daring Fellows, and wounded others, the Magistrates hereupon went up to the Guard, and prevailed with them to go in and keep themselves close; and in the mean time got two or three Companies of the Earl of Levens Regiment, who were quartered in the Cannongate, to come up and immediately shutting the City Gates, they in a little time cleared the streets, and drove the Sparks into their Houses without further harm, though they were obliged to keep Guards in many parts of the City, for that Night for fear of a relapse. The Captains are both of them confined, and 'tis believed he that gave the first provocation will be severely punished. The Earl of Pearth had been long a Prisoner in the Castle of sterling, for his high misdemeanours in the last Reign, together for his disaffection to the present establishment and but now by the representation of the Earl of Crawford it was mediated that he might have his liberty, provided he would procure the coming back and safe return of the young Lord Drummond his Son, the Earl of Wigtown and his brother, who during the Guardianship of him the said Earl of Pearth, and the Earl of Melfort, were sent over Seas by their especial order, on purpose to be bred up in the Romish superstition, and that the Earl of Pearth should give allowable security to do so, as also for his peaceable behaviour, without plotting or conspiring against the present Government. And now at last the long expected Act for settling of the Church Government came to be passed and touched with the Sceptre. Which is at large as followeth. An Act Ratifying the Confession of Faith; and Settling Presbyterian Church-Government in Scotland, In a Parliament at Edinburgh, the 7th. of June, 1690. OUR Sovereign Lord and Lady, the King and Queen's Majesties, and Three Estates of Parliament, Conceiving it to be their bond Duty, after the great Deliverance that God hath lately wrought for this Church and Kingdom: As first, To settle and secure therein the true Protestant Religion, according to the truth of God's Word, as it hath of a long time been professed within this Land; as also, the Government of Christ's Church within this Nation, agreeable to the Word of God, and most condusive to the advancement of true Piety and Godliness; and the Establishing of Peace and Tranquillity within this Realm: And that by an Article of the Claim of Right, it is Declared, That Prelacy, and the Superiority of any Office in the Church above Presbyters, is, and hath been a great and insupportable Grievance and Trouble to this Nation, and contrary to the Inclinations of the generality of the People, ever since the Reformation (they having Reform from Popery by Presbyters) and therefore aught to be abolished. Likewise, by an Act of the last Sessions of this Parliament, Prelacy is Abolished. Therefore their Majesties with the Advice and Consent of the said three Estates, do hereby Revive, Ratify, and perpetually Confirm all Laws, Statutes, and Acts of Parliament, made against Popery and Papists; and for the Maintenance and Preservation of the true Reformed protestant Religion; and for the true Church of Christ within this Kingdom, in so far as they confirm the same, or are made in favour thereof. Likewise, they by these presents, Ratify and Establish the Confession of Faith now read in their presence, and Voted and Approved by them, as the Public and a vowed Confession of this Church, containing the sum and substance of the Doctrine of the Reformed Churches; which confession of Faith is subjoined to this present Act. As also, they do Establish, Ratify and Confirm the Presbyterian Church-Government and Discipline: That is to say, the Government of the Church by Kirk-Sessions, Presbyteries, Provincial Synods, and General Assemblies, Ratified and established by the 114 Act, Ja. 6. Parl. 12. Anno 1592. Entitled, Ratification of the Liberty of the true Kirk, etc. And thereafter received by the General consent of this Nation, to be the only Government of Christ's Church within this Kingdom; Reviving, Renewing, and confirming the foresaid Act of Parliament, in the whole Heads thereof, except that part of it relating to Patronages, which is hereafter to be taking into Consideration, And Rescining, Annulling, and making void the Acts of Parliament following, Act anent Restitution of Bishops, Ja. 6. Par. 18. Cap. 2. Act Ratifying the Acts of the Assembly, 1610. Ja. 6. Par. 21. Cap. 1. Act anent the Election of Arch-Bishops and Bishops, Ja. 6. Par. 22. Cap. 1. Act Entitled, Ratification of the five Articles of the General Assembly at Pearth, Jam. 6. Par. 23. Cham 1 Act Entitled. For the Restitution and Re-stablishment of the ancient Government of the Church by Arch-Bishops and Bishops, Cham 2. Par. 1. Sess. 2. Act, 1st. Act anent the Constitution of a National Synod. Ch. 2. Par. 1. Sess. 3. Act 5. Act against such as refuse to Depone against Delinquents, Charles 2. Par. 2. Sess. 2. Act Entitled, Act Acknowledging and an Asserting the Right of Succession to the Imperial Crown of Scotland, Ch. 2. Par. 3. Act. 2. Act Entitled, Act anent Religion and the Test, Ch. 2. Par. 3. Act. 6. With all other Acts, Laws, Statues, Ordinances and Proclamations, and that in so far allenary as the said Acts and others generally and particularly , are contrary, or prejudicial to, inconsistent with, or derogatory from the Protestant Religion, and Presbyterian Government, now Established; and Allowing and declaring, That the Church Government be Established in the hands of, and exercised by, these Prebyterian Ministers, who were Outed since the first of January 1661. for Nonconformity to Prelacy, or not complying with the Courses of the Time, and are now Restored by the late Act of Parliament, and such Ministers and Elders only, as they have admitted, or received, or shall hereafter admit, or receive: And also, that all the said Presbyterian Ministers have, and shall have Right to the Maintenance, Rights, and other Privileges by Law provided, to the Ministers of Christ's Church, within this Kingdom, as they are, or shall be Legally admitted to particular Churches. Likewise, in pursuance of the Premises, Their Majesties, do hereby appoint the first meeting of the General Assembly of this Church as above Established, to be at Edinburgh, the third Thursday of October next to come, in this instant year, 1690. And because many conform Ministers either have deserted, or were removed from Preaching in their Churches preceding the thirteenth day of April, 1689. And others were Deprived, for not giving Obedience to the Act of the Estates made the said 13 of April 1689. Entitled, a Proclamation, against the owning of the late K. J. and appointing public Prayers for King William and Queen Mary. Therefore, Their Majesties, with Advice and Consent foresaid, do hereby Declare, all the Churches, either deserted, or from which the Conform-Ministers were Removed or Deprived, as is said, to be vacant, and that the Presbyterian Ministers exercising their Ministry, within any of these Parishes, (or where the last Incumbent is dead) by the Desire or Consent of the Paroch, shall continue their Possession, and have Right to the Benefices and Stipends, according to their Entry in the year 1689, and in the time coming, ay while the Church, as now Establish, take further Course therewith. And to the Effect, the Disorders that have happened in this Church, may be Redressed. Their Majesties, with Advice and Consent foresaid, do hereby allow the General Meeting, and Representatives of the foresaid Presbyterian Ministers and Elders, in whose hands, the Exercise of the Church Government is Established, either by themselves, or by such Ministers and Elders, as shall be appointed and Authorised Visitors by them according to the Custom and Practice of Presbyterian Government, throughout the whole Kingdom, and several parts thereof, to try and purge out, all insufficient, Negligent, Scandalous and Erroneous Ministers, by due course of Ecclesiastical Process, and Censures. And likewise, for Redressing all other Church-Disorders. And farther. It is hereby provided, that whatsoever Minister, being Convened before the said General Meeting, and Representatives of the Presbyterian Ministers and Elders, or the Visitors to be Appointed by them, shall either prove Contumacious in not appearing, or be found Guilty, and shall be therefore Censured whether by Suspension, or Deposition, they shall Ipso Facto be Suspended from, or Deprived of their Stipends and Benefices. And Ordains this Act to be Printed and Published. Extracted out of the Records of Parliament, by me Th. Burnet, Cls. Reg. Thus after so much disorder, so much Tyranny and Oppression in a Kingdom, the ill successes of Rebellion, and the Return of Law and Justice into their ancient Channel, one would think should be sufficient to regain the Affections of Men wand'ring after Chimeras, and unite them to a Prince who has laid such Foundations of their Tranquillity. But Rebels and Robbers very seldom listen to these charms, let the charmer charm never so wisely. Which is the reason that the remains of Rebellion cannot yet be extinguished; and that their are several Traitorous Conspiracies and Correspondencies found out of such as make it their business to disturb the peace of the Government. However in regard those Discoveries are not yet ripe for public view, and that we can say nothing more of the Highlanders, but that they Rob and plunder where they can find any advantage, it is time here to conclude this account of the Revolution in Scotland, no less memorable than that in England. FINIS. Books lately Printed and Sold by Tho. Salusbury, at the sign of the Temple near Temple-Bar in Fleetstreet, 1690. THE History of the late Great Revolution in England, with the Causes and Means by which it was accomplished. Together with the Settlement thereof under their most Serene Majesty's King William and Queen Mary, by the Lords and Commons assembled in the late Parliament. With an exact List of the Members of both Houses then Sitting; The Second Edition: To which is added the Effigies of their Present Majesties, curiously Engraven on a Copper Plate. A new Art of Brewing Beer, Ale, and other sorts of Liquors, so as to render them more healthful to the Body, and agreeable to Nature, and to keep them longer from souring, with less trouble and charge then generally practised, which will be a means to prevent those torturing Distempers of the Stone, Gravel, Gout and Dropsy. With easy Experiments for making excellent Drinks with Apples, Currants, Goosberries, Cherries, Herbs, seeds, Hay, etc. and the way to preserve Eggs 5 or 6 Months from being musty or rotten. With an Appendix how to make Fruit-trees constantly fruitful. Miscellany Poems, viz. I. Remarks on the Death of K. C. II. II. On the Success of K. J. II. III. Upon Faith, iv Upon Patience. V Ambitioh. VI To the University of Oxford. VIII. The Soul to a good a Conscience. VII. The Soul to a bad Conscience. By J. Whitehall. The Declaration and Manifesto of the Protestants of the Valleys of Piedmont, called the Vaudois, to all Christian Princes and States, of the Reasons of their taking up Arms against the Duke of Savoy. And why they have put themselves under the protection of WILLIAM, King of Great Britain, and of the Evangelic Cantons of Switzerland. An exact Collection of many Wonderful prophecies relating to the Government of England, etc. Since the first year of the Reign of K. James I. to this present time 1690. All which have been truly fulfilled and accomplished. Also many Prophecies, yet foretelling what Government is to succeed to make this Kingdom happy: With the certain time of the Downfall of Antichrist throughout the World. Remarks upon the Dream of the late abdicated Q. of England, and upon that of Madam the D. of La Valiere, late Mistress to the French King, etc.