An Account of the Affairs of Scotland, In Answer to a Letter Written upon the occasion of the Address lately Presented to His Majesty by some Members of the Parliament of that Kingdom.  
SIR,  
I Will comply with your Desires, in giving you a view of the Scottish-Affairs, and before I make particular Answers to your Questions, I will lay open the whole matter of Fact which hath occurred in the Meeting of Estates, in Their Majesty's Acceptance of the Crown, and the Instructions given by His Majesty to His Commissioner for holding of the Parliament, that you may be the better able to make a Judgement how far His Majesty hath made Concessions to satisfy the Minds, and ease the Grievances of that Nation, by His Offers in His Instructions, to quite voluntarily these Advantages which the Crown hath insensibly got over the People ever since the Union of the two Kingdoms, whereby Scotland is as much in the Power and Mercy of their Kings, as most of the Nations in Europe, by a Legal Constitution, and the Consent of the People in Parliament.  
It may be then Surprising if this great Opportunity hath not been Embraced, and these offered Concessions turned into perpetual Laws. But the Ambition of some, and the Selfish-Designs of others hath Obstructed the Happiness which that Nation could only expect from this Revolution, and have kept it under the Power of these severe Laws and stretched Prerogatives which His Majesty was willing to have parted with.  
A considerable number of the Nobility and Gentry of Scotland did Attend His Majesty in His Expedition for Britain, and many moe having Met Him at London, they did Address to His Majesty, than Prince of Orange, to Assume the Government, till the Meeting of the Estates, which they desired Him to Call. The Procedure in that Meeting was with a great deal of Discretion and Dispatch, till the Country was put in a posture of Defence against an Invasion they had reason to apprehend from Ireland, and till the Instrument of Government was finished, which is almost in the same terms with that of England.  
Upon the Eleventh day of April last, the Estates did Proclaim Their Majesty's King WILLIAM and Queen MARY, King and Queen of Scotland, with all the Joy and Sincerity that could be Expressed, the same day Their Majesties were Crowned in England.  
Upon the Eighteenth day of the said Month the Estates did proceed to the Consideration of some Grievances to be Represented to His Majesty, which they humbly desired might be Redressed in His Majesty's first Parliament. The Instrument of Government doth contain what the Estates did Assert to be the People's Right, and the several Facts condescended upon are declared Illegal and the highest Violations of Law, for which the Throne was declared Vacant. The Grievances do acknowledge the things complained upon to be Legal, but that the Laws introducing or allowing them are grievous, and therefore there was necessity of applying to the King for Rescinding and taking off these Laws.  
Upon the Twenty Fourth of April, all the Grievances were concluded, and three Commissioners, being one for each Estate of the Kingdom, were dispatched with the offer of the Crown to their Majesties.  
Upon the Eleventh of May, the Commissioners did present a Letter from the Estates of Scotland to His Majesty, which wa● Read first, than the Instrument of Government, than the Grievances, and last a Desire from the Estates to be turned into a Parliament. The King Answered the Commissioners in these Terms. When I engaged in this Undertaking, I had particular Regard and Consideration for Scotland, and therefore I did Emit a Declaration for that, as well as to this Kingdom, which I intent to make good and effectual to them. I take it very kindly that Scotland hath expressed so much Confidence in Me, and Affection to Me; They shall find Me willing to Assist Them in every thing that concerns the Well and Interest of that Kingdom, by making what Laws shall be necessary for the Security of Their Religion, Property and Liberty, and to Ease them of what may be justly grievous to Them. Then Their Majesties took the Coronation Oath, and within some few days the King declared His Pleasure for turning the Meeting of Estates into a Parliament at their own desire, and He did Nominat the Duke of Hamilton His Commissioner, and upon the Thirty One day of May, His Majesty did Sign his Instructions.  
Upon Their Majesty's acceptance of the Crown, all Commissions, Gifts, and other Writs Superscribed by the King, must of necessity be Docueted and Counter-signed by His Secretary of State; The King made choice of my Lord Melvil for that Office, a person who could never be induced to act in the Public, during the former Reigns, who had been Forefault, and forced to abandon his Relations, and native Country, and flee to Holland, where, and in Germany, he remained seven years; of whose Integrity and Sufficiency the King had good proof abroad, and of his sincere Inclinations for the interest of Religion, and His Majesty's Undertaking: It was likewise necessary for His Majesty to have an Advocate, and He did name Sir John Dalrymple, one of the three Commissioners which the States had so much recommended, and considered, as to Signalise and Intrust Them with a Matter of the highest Credit and Reputation, as the offer of the Crown, and receiving the Coronation Oath; The rest of the Offices His Majesty did not supply, that He might have more opportunity to know who were Habile, and Deserving Persons for these Employments. Hitherto Matters were Managed with Calmness and Concord; But now when the other Offices of Honour and Profit began to be Disposed on, many who formerly did pretend to be behind with none for their Zeal, in Their King and countries' Service, they quickly forgot the sense of their Deliverance, and that Duty and Gratitude they own to their Deliverer. It had been moved in the Grand Committee of the Meeting of the Estates, that it might be specially Provided in the Instrument of Government, That the King should not have Power to Name the Judges, Privy Counsellors, or Officers of State, but with Consent of Parliament; This Motion was universally Rejected, and thrown out with Detestation, as an unreasonable Encroachment upon the Monarchy; and there were only three in that whole Meeting, who did favour the Proposal, of whom, some have worthily Retrited themselves, by owning the King's Right in this Point, when it was afterwards called in question; but what was universally Considered as an intolerable Invasion on the Royalty, when there was no Government, hath been since owned for Law, and a Matter of the highest Importance, this alteration of some men's Sentiments, fell out Critically at that period, when the King came to dispose of the Honourable, or Advantageous Posts of the State, than every man began to value himself, and to believe he was better Judge of his own fitness for these Offices than the King, whose Right it is to Dispose on them; and thus our pleasant Schene is turned into Confusion, and some who doubted of their Interest to be preferred by their Prince's Favour to that Share and Interest in the Government they designed, they run about, hoping to force Him to take them off, for fear of their mischief, whose Actings show they resolve rather to disturb that Peace which is not yet well Confirmed, to embroil the Nation, Shake the Throne, hazard Religion, and all to a Revolution, than fall short of their pretensions; as if they had said, Flectere sinequeo superos acheronta movebo; and they have endeavoured to Amuse the unwarry multitude, with the specious Pretexts of Law and Liberty; and that their Grievances are so far from being Redressed, that there are new Invasions made upon them, and so in stead of taking their Relief, which the King hath offered to all the Grievances represented by the Estates; they fall upon new Complaints, not formerly pretended to, nor thought just, or worthy to be insisted on, for which some have Addressed to the King with great peremptoriness, hindering their native Country from receiving the benefit of these Concessions, which His Majesty offers in His Instructions. But that I may not seem to impose upon you in this matter, I will fairly set down both the Grievances, and the Redress offered by His Majesty, in the Instructions to His Commissioner, with some short Notes, that you may better understand the nature of the Grievance, and the fullness of the Relief that is offered by the Instructions; ●nd in regard the Instructions contain more things than the Grievances do, such as the turning the States into a Parliament, and the ●ike, they do not follow the same Method, or Answer the num●er; Therefore I shall repeat every Article of the Grievances, with ●he particular Instruction relating to it together, and then come to ●our Questions.  
Article. First Grievance.  
THe Estates of the Kingdom of Scotland do Represent, that the Committee of Parliament, cal●ed the Articles, is a great Grievance to the Nation, and that there ●ught to be no Committees of Parliament, but such as are freely Chosen ●y the Estates to prepare Motions and Overtures, that are first made ●n the House.  
This is Answered by the second Article of the Instructions.  
●nstrustion ●econd.  
YOu are to pass an Act for Regulating the Articles, to consist of Twenty four Persons, besides the Officers ●f State, whereof Eight are to be Chosen by the Noblemen of their Estate, Eight by the Barons, and Eight by the Burrows, out of their Estates; and in case of the death of any of these Persons, that Estate, out ●f which the Person Deceased, shall supply the same. These are to prepare Matters and Acts for the Parliament, but not to exclude the Parliament, to take any Matter into their Consideration, though it hath been thrown out, and Rejected in the Articles, and all former Acts, specially the first Act, Parliament first, Session third, Charles the Second, inconsistent herewith, are to be Rescinded.  
The Parliament of Scotland doth consist of Three Estates, who all meet in one House, and by the ancient Laws and Custom of that Kingdom, there was a select number of Persons Chosen out of the Three Estates, who with the Officers of State, were called, Domini ad Articulos, because they did prepare Articles, or Proposals, and Framed Acts, which were brought in to be Considered in Parliament; And this Committee for Articles hath been as Ancient as we find any Records of Parliament in that Kingdom; and the Officers of State were always Members. The great Weight in the Mannagement of Affairs, was committed to this Committee: And in Ancient times, after the Articles were once Constitute, the Parliament did Adjourn to a certain day, till all things were prepared by the Articles, which were to be proposed in Parliament.  
The Policy of that Kingdom had introduced, and maintained this Constitution of the Articles, upon weighty and solid Reasons, as 1ᵒ. To preserve the different Interests of the Three Estates among themselves, the several Estates having no Negatives in the Parliament; for though one State were entirely opposite, the plurality of the whole doth Determine and Decide; And the Estates not being equal in number, a greater State Combining, might overthrow the Interest of another, especially since the State of the Nobility being increased at the King's Pleasure, there are at present as many Lords in Scotland, as do equal, or exceed the number of the Commissioners for Shires and Burrows together: As also, the number of the Royal-Burrows may be increased at the King's Pleasure; But the Shires remaining the same, the Estate of the Burrows, which hath the greatest part of the Property, and visible Estate of the Nation, they may have the fewest Votes in the Parliament: But in the Articles, every State hath an equal number, whereby in the Projecting, and Framing of the Laws, each State hath an equal Interest. 2ᵒ. All the Estates meeting in one House, and there being no Negatives in the Parliament of Scotland, a sudden Vote would put the Kings of Scotland to this straight and difficulty, either to consent to a Law, whereof they might be ignorant as to its Design and Framing, or else to refuse the Royal Assent, and so a Breach or Difference were Stated betwixt the King and People, and there could be nothing more expedient for preventing these Inconveniencies, than the Choosing of a select number for each Estate, who with the Officers of State for the King, did Prepare, Digest, and Adjust all Matters which were to be brought in to the Parliament.  
In the Parliament of England, there are two Houses, and their Forms of Proceeding are flow and Cautious, whereby the King may understand whatever is under the Deliberation of the one House, before it come to the other, and by Conference betwixt the two Houses, Matters use to be Adjusted before they come the King's length for the Royal Assent: But in Scotland, the Procedure is quick, and the Forms of Parliament are Expedit and Summar; besides the Temper and Genius of the Nation, which is ready, (not to say, Prefervidum Scotorum Ingenium) whereby Matters of the greatest Importance may be Stated, and Determined at one Sitting in the Parliament of Scotland; And therefore as Matters in England do proceed by Bills from the Houses to the King; so in Scotland, Business did Commense from the Articles, in which, both the King and People had their shares of Members.  
Of late there hath Excesses and Abuses crept in to the Articles, both as to the manner of their Constitution, and Power of P●…miting the Parliament. And since the Year 1633. The Bishops did choose Eight Noblemen, and the Noblemen did choose Eight Bishops, these did choose Eight of the Commissioners for Shires, and Eight of the Commissioners for Burrows, who with the Officers of State, made up the Articles; by this method, both the small Barons and Burrows were excluded from any Interest in choosing the Articles, and they had not so much as a Vote in choosing these persons who were to Represent their particular Estates in the Articles. And it being the King's Prerogative to name all the Bishops, in effect the King had the sole Power, or Influence to make the whole Articles. 2ᵒ. In stead of a Preparatory Committee for Ordering all things that were to be brought to Parliament, the Articles did assume a Power, that what they once rejected, could not be brought in to plain Parliament: But yet by the express Act of Parliament foresaid, the 1. Act, Sess. 3. Parl. 1. K. Charl: 2. The Articles is Constitute in the manner , to be a perpetual Law in all time coming, which was justly represented as a Grievance to the King; but there is not the least mention of Officers of State, though that point was spoken of, and under Consideration in the Meeting: by this Instruction the King did most Graciously and Fully Redress these Errors and Corruptions of the Artieles, by allowing every State to choice it's own Representatives, and Declaring that the Articles shall not have Power to Pre-limit the Parliament, but that even these things that have been rejected in the Articles, may be brought in, in plain Parliament, whereby the interest of the Estates are equal and entire, and the Parliament can never be imposed upon, nor precluded.  
It might have been expected, that so Gracious a Concession from the King, and His parting with so important a Jewel, should have satisfied every man, that the King designed no Arbitrary Power, and that He verified that Clause of His Letter to the Estates, That He would never put His Greatness, or the Advantage the Crown had got, in the Balance with the True Interest of the Nation; Yet this Concession did not please, but some men insisted, That there should be no Articles, or constant Committee at all; having now taken up a prejudice against the Name, as well as the Excess of the Thing, though the Grievance calls it the Articles, and mentions not one word against a constant Committee; But now they would make an Inference from the Custom of England, though the Constitution of the two Parliaments are totally different. And next, they did Object against the Officers of State, though this was no Encroachment, or Corruption, but they were Members of the Articles in the most Ancient Constitutions; And these last hundred and fifty years, the Officers of State are named together in a Colum by themselves, as distinct Supernumerary persons for the Interest of the Crown; and as the Officers of State are not mentioned in the Grievance; So the meaning of the Articles can not be extended to reach them, for they being Supernumerary, and for the King, are not to be chosen, nor can Re-present any State of the Parliament, because they are Members of Parliament, as Officers of State, and are called and ranked, though they be but Gentlemen, before the Commissioners for Shires and Burrows.  
It cannot but appear a great extremity, that whereas by the present standing Law, the King hath the whole Power and Influence in making the Articles, that in an instant He shall be reduced to have no Interest at all; and whereas every Estate hath an equal share of Members in this Committee for preparing Things to the Parliament, the King shall have none for Him; and every Body knows what Advantage may be made in the Framing and Wording of an Act where the Matter may be plausible, and it were hard that the first Notice or Advertisement the King or His Commissioner might have of a Law designed, were to hear it Read and Voted in the House, and so be put on a sudden to give His Consent, or interpose His Negative after the Parliament has engaged themselves by a Vote, this Rock Our Ancestors have always shunned: and there never was a Vote in the Parliament of Scotland before this time, till the Matter was first subjected to the King's Consideration, and that His Commissioner was previously Instructed, or knew it to be agreeable to the King's Inclinations: And there being a Law standing, that all Matters to be determined in Parliament, must be first brought in to the Articles, till that Law be Repealled, at least these Votes which were pressed in the Address were both unnecessary and preposterous. But the King was so far from taking any occasion of Displeasure, that he did Conced a further step by an Additional Instruction, dated at Hampton-Court the Fourth day of July last, which the Commissioner Read in Parliament.  
WILLIAM R.  
Additional Instructions to Our Right Trusty, and Right Entirely beloved Cousin and Councillor, William Duke of Hamilton, Our Commissioner.  
1. BY the Second Article of your Instructions, Dated the Thirty One day of May last, you was impower'd to pass an Act for regulating the Committee, Called the Articles, which were to consist of Twenty four persons, besides the Officers of State; Notwithstanding of which, These are to Authorise you, to pass an Act for them to consist of Thirty three persons, besides the Officers of State, whereof Eleven to be chosen out of every Estate, according to your former Instructions, who are to prepare Matters, as is therein expressed, not excluding the Parliament to take Matters into their Consideration, though it hath been rejected in the Committee, nor to prevent their moving of any thing, and regulating of it to them, and the said eleven out of every Estate to be chosen Monthly, or oftener, if the Parliament think it fit, and all former Acts, especially the first Act Charl. 2. Sess. 3. inconsistent with this, are to be Rescinded.  
2. You are to pass what Acts stall be proposed sor settling the Church-Government, according to your former Instructions.  
3. You are to pass an Act, Rescinding all Forfeitures passed against any of Our Subjects, either in Parliament, or Criminal Court, since the first day of January 1665, which shall be thought fit by the Parliament to be Rescinded: Likewise you are to consent to what Our Parliament shall propose for Restitution to be made of Fines, or Compositions for Fines, or Forfeitures, from those who had the Benefit of them, and you are to Rescind such Acts as were made in the years 1681, and 1685, as are justly grievous.  
Although the first of the above Instructions is not complied with yet, you are to move the other two, and have them past before any Adjournment.  
Given under Our Royal Hand and Signet, at Our Court at Hampton Court, the Fourth day of July, 1689. And of Our Reign the First Year. By His Majesty's Command, Melvill.  
The King did hereby Consent, that the Articles should not be a constant Committee as they are now by Law, but that the Estates might change their Representatives as oft as they please, so that they could not be packed nor taken off by the Court, and that each State in stead of Eight might choose Eleven Members, whereby the Officers of State could never overrule or determine them. The whole Number of the Officers of State extends only to Eight, whereof the Lord Secretary is ordinarily at Court, and in this present Parliament the King had but one Officer of State: But Concessions to persons that are not resolved to take satisfaction, have never good effects. This Overture was rejected, and some persons must have all or nothing. But all that are indifferent must be convinced, that the King had fairly retrenched his Interest in the Parliament, having not only consented to the Parliaments Abolishing of the Bishops, but he was willing to have taken the Sting out of the Articles, and secured the Nation for ever, that the Articles could never be packed, nor the Parliament imposed upon.  
Article 2. Grievance.  
THat the first Act of Parliament 1669, is inconsistent with the establishment of the Church-Government now desired, and aught to be Abrogate.  
This second Article of the Grievance is Answered by the Fourth Instruction thus,  
Instruct. 4.  
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.  
By the Instruction, the King doth entirely Remit to the Parliament, to establish what kind of Church-Government was most agreeable to their Inclinations, as the Representative of the People without proposing Qualification or Limitation. And because the Act of Parliament 1669, doth Recognize and Declare an extraordinary Power in the Kings of Scotland, without Consent of Parliament, in relation to Ecclesiastical Affairs, whereby any Government of the Church, established by Act of Parliament, might be changed by the King; therefore the King Condescends to Rescind that Law, and to pass from the Prerogative of the Crown, as it is established and asserted by that Act, whereof the Tenor follows,  
ACT Asserting His Majesty's Supremacy over all Persons, and in all Causes Ecclesiastical.  
November 16. 1669.  
THe Estates of Parliament having seriously Considered, how  it is for the good and peace of the Church and State, that His Majesty's Power and Authority in relation to Matters and Persons Ecclesiastical, be more clearly Asserted by an Act of Parliament; Have therefore thought fit it be Enacted, Asserted and Declared, Likeas His Majesty with Advice and Consent of His Estates of Parliament, Doth hereby Enact, Assert and Declare, that His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom, and that by virtue thereof, the ordering and disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors, as an Inherent Right to the Crown, and that His Majesty and His Successors may Settle, Enact, and Emit such Constitutions, Acts and Orders concerning the Administration of the External Government of the Church, and the Persons employed in the same, and concerning all Ecclesiastical Meetings, and Matters to be Proposed and Determined therein, as they in their Royal Wisdom shall think fit: Which Acts, Orders and Constitutions being Recorded in the Books of Council, and duly Published, are to be Observed and Obeyed by all His Majesty's Subjects, any Law, Act or Custom to the Contrary notwithstonding. Likeas His Majesty, with Advice and Consent foresaid, Doth Rescind and Annul all Laws, Acts and Clauses thereof, and all Customs and Constitutions Civil or Ecclesiastic, which are contrary to, or inconsistent with His Majesty's Supremacy as it is hereby Asserted, and Declares the same Void and Null in all time coming.  
Never did Law give a King such a Power, nor ever did a King part with such a Law. There was an Act Brought in and Voted for, Rescinding the Act of Supremacy, it was not Touched, which cannot be Imputed to the King, there being an express Instruction for Rescinding that Act.  
Article 3. Grievance.  
THat Forefaultures in prejudice of Vassals Creditors, and Heirs of Entail, are a great Grievance.  
This Article is Answered by the fixth Instruction.  
Instruction 6.  
YOu are to pass an Act that Forefaultures shall only be extended to what Interest the Rebel had, and that innocent Vassals or lawful Creditors, for Debts upon Record shall not be prejudged, nor such Heirs of Entail, whose Rights of Succession are established by public Infeftment.  
The Laws of Scotland in relation to Treason are very many, and therefore Forefaultures there are too frequent; the Feudal Laws and Customs takes place in Forefaultures, and Treason being the greatest Ingratitude, the Rebels Fee returns to the King, in that same condition that it was Originally given out, without the burden of his Debt, or regard to any Deed done by the Rebel, after committing of the Crime, or to any Deeds or Alienations made before the Crime, which were not consented to, or Confirmed by the Superior, and rendered Real and Public by Infestment, and not only Heirs of Entail are cut off from their hope of Succession, ●or the Delinquency of the Fire, but the Rebels innocent Vassals who are not Confirmed, by the Confiscation of the Dominium Directum, which was in the Rebel, the Dominium utile falls in consequence. There have been so many sad instances of the severe effects of Forefaultures in Scotland, to the Ruin of many Families, who had no accession to the Treason, that of late this single Concession would have been purchased by that Nation at the dearest rate; but Courtiers and Ministers, who had hopes to make advantage, and procure Gifts of Forefaultures, they have always resisted the good design of Restricting the prodigious effects of Forefaultures, till now that the King hath resolved, Never to consider His Own Advantage, and Greatness, in opposition to the Interest and Ease of His Subjects: He hath by this Instruction secured lawful Creditors, whose Debts are not Collusive, but upon Record, and innocent Vassals, though not Confirmed, and likewise Heirs of Entail, whose Rights of Succession are not Private and Clandestine, and so might be antedated, though they were truly made after, or in prospect of Rebellion; but where the Rights are nottour and public, which must be Recorded, in that case, even the Rebels Heirs are safe, which is one of the most considerable, and universal Favours which could be done to that Nation.  
Article 4. Grievance.  
THat the obliging the lieges to Depone upon Crimes against Delinquents, otherwise than when they are adduced in special Process, as Witnesses, is a great Grievance.  
This Article is Answered by the tenth Instruction.  
Instruction 10.  
WE are satisfied that an Act should be passed for securing the lieges against Inquiries, by way o● Inquisition, but in respect of the present Juncture of Affairs, this Matter would be well Considered by the Parliament; an● therefore when the Terms of this Act shall be Adjusted, you are to Transmit the same to Us, that We may give you particular Instructions thereanent.  
By the Custom of Scotland, any person might be examined summarily, in relation to other persons, against whom there was no Process depending, and without confronting the persons; And albeit such Expiscations did not amount to a Probation, except these Depositions had been renewed in presence of the Jury; yet being taken upon Oath, in absence of the party concerned, to sugest any thing for clearing of himself, the private Informers became engaged to hold by what they had once Declared, under the pain and disgrace of Perjury; by this Instruction, which is fuller than the Grievance, His Majesty consents to secure His Subjects from such Inquisitions; But in regard of the Machinations and Plots which may be  for the Government, to be discovered at this present Juncture; Therefore His Majesty doth Remit to the Parliament to Consider what is proper at this time, that they might fall upon some Temporary Remeid, as the Parliament of England had done, in relation to the Habeas Corpus, or Suspending the Commensment of this Law for some time.  
Article 5. Grievance.  
THat Assizes of Error are a Grievance, and that Juries be considered by Parliament.  
This Article is Answered by the seventh Instruction.  
Instruction 7.  
YOu are to pass an Act, either to take away Assizes of Error, or otherways that they shall take place, as well against the Jury that Condemns, as against the Jury that Assoilyies any Panel.  
By the Law and Custom of Scotland, the Criminal Judge doth Cognosce and Determine the Relivancy of an Indictment, and the Jury doth only Consider the Probation adduced, and give their Verdict, whether the Panel be guilty, or not guilty; And this is a singular Custom in Scotland, that when upon the Juries Verdict, the Panel, or Party accused is Absolved, that Jury was liable to be convened before a Grand Jury, and the persons might be found guilty, as Temere Jurantes super Assisam, for acquitting ●he Criminal, but in case they did Condemn, the Jury was not liable to an Assize of Error; This hath been introduced in the simplicity of ancient times, when Juries were more prone to Mercy than Severity, because it was presumed, no man would pass upon a Jury willingly to Condemn his Neighbour, if he did thereby expose himself: But in the latter times, this has been found a great Inconveniency, and Juries may be affrighted, and imposed upon to Condemn persons, because the King's Advocate may Protest for Assize of Error, in case they acquit, whereas they are secure if they Condemn, and therefore the King hath consented that the Parliament make their own choice, whether they will take away Assize of Error in all cases, or if they will make Juries liable for Condemning, as well as acquitting Panels.  
Article 6. Grievance.  
THat the 18 Act of Parliament 1681. Declaring a Cumulative Jurisdiction is a Grievance.  
This sixth Article of the Grievance is Answered by the eight Instruction, thus.  
Instruction 8.  
YOu are to pass an Act Rescinding the eighteenth A●… of Parliament 1681. Asserting the Prerogative i● point of Jurisdiction.  
This sixth Article of the Grievances, and eighth Instruction, i● Answer thereto, will be best understood by the Act itself, to whic● they relate. Follows the Act.  
ACT, Asserting His Majesty's Prerogative in point of Jurisdiction.  
September 16. 1681.  
THe Estates of Parliament Considering, That all Goveenment an● Jurisdiction within this His Majesty's Ancient Kingdom o● Scotland, does originally Reside in His Sacred Majesty, Hi● lawful Heirs and Successors: And though His Majesty and His Royal Predecessors have bestowed Offices and Jurisdictions upon severals o● His well deserving Subjects, yet these are not privative of His Jurisdiction; They do therefore in a dutiful and humble Recognisance of His Majesty's Royal Right and Prerogative, as to this Point; Declare, That notwithstanding of these Jurisdictions and Office●, His Sacred Majesty, may by Himself, or any Commissionat by Him, take Cognisance ●nd Decision of any Cases, or Causes, He pleases.  
Shortly after this Act, there was a Commission under the Great Seal, to the Lords of Session, rendering their places Arbitrary, and ●d placitum, in which the Lord Stair, Precedent of the Session, Lord Newbyth, and others were left out; These the King hath now Restored to their places, according to His Declaration; and even Heretable Jurisdictions, were Invaded, and not only matters Civil, but the highest Points of Criminal Jurisdiction were committed to Soldiers, and other persons, who were Impowered Summarily to Execute to the Death, free Subjects, without any formality of Process, or Jury, and many persons were taken off that way, whereby the ordinary Legal Judicatures might be rendered ●neffectual; And the King had Power to Judge every Scots-man, either for his Life, or Fortune, by himself, or such persons as he pleased to appoint, and to Avocat Causes to be Cognosced by His Courtiers at Whitehall. This gave the King the greatest latitude ●f Arbitrary Power imaginable, and more than is practised in any ●lace of Europe; And when such Laws are once Established, in ●avours of the Crown, we seldom see Princes willing to Renounce ●hem, but only to moderate the Execution in ordinary Cases, reserving always the Power and Capacity to themselves: But by ●his Instruction, our King was willing to part with this extravagant Power, and it is matter of Surprise that He was not taken at His Word.  
Article 7. Grievance.  
THat the Commissariot Courts as they are now Constitute, are a Grievance.  
This is Answered by the ninth Instruction.  
instruction 9  
YOu are to pass an Act for Regulating the Abuses in the Commissary Courts, and all other inferior Courts.  
The Commissars were a most Ancient Constitution, the Nomination of them was committed to Churchmen, but after the Reformation, the Bishops being excluded, the Nomination of the Commissars did fall to the King; and after the Restitution of Episcopacy in Anno 1606, the Nomination of the Commissars was given to the Bishops, as their Officials, and they are the sole Judges in the first Instance of Scandel, Matrimony, Divorce, and several other Matters, which have always been reserved in the hands of the Clergy, as the Confirmation of Testaments, and ordering the performance of the Wills and Legacies of Defuncts, and the Provisions of Relics, and Orphans. In this Grievance, it is Represented, That there are Errors according to the present Constitution of this Court, yet these Errors are not specified; Nevertheless the King remits it to the Parliament to Rectify whatsoever they thought amiss in this Court, and the Instruction is much larger tha● the Grievance, for thereby the King Remits it to the Parliament to Regulat all inferior Courts.  
Article 8. Grievance.  
THat the 27 Act of the Parliament 1663. Giving th● King power to Impose Custom at His Pleasure upo● Foreign Import and Trade, is a Grievance, an● prejudicial to the Trade of the Nation.  
This is Answered by the seventeenth Instruction.  
Instruction 17.  
YOu are to endeavour to procure an Act, or Act● for the encouragement of Trade; and if the 2● Act of the Parliament 1663. be found inconvenient, it may be Regulat, or Rescinded, and when the Proposals are Adjusted, you are to transmit them to Us, that you ma● receive Our Instructions thereanent.  
For the better understanding of this Grievance, I have set dow● the Act itself.  
ACT, Asserting His Majesty's Prerogative in the Ordering and Disposal of Trade with Foreigners.  
THe Estates of Parliament Considering, That during the late Troubles, divers Invasions were made upon the Royal Prerogatives of the Crown, and that in a just abhorrence of thereof, and in a due sense of the Happiness they enjoy under His Majesty's Government, They are obliged on all occasions to Vindicat and Assert the same in the several Branches thereof: And since the Ordering and Disposal of Trade with Foreign Countries, and the laying of Restraints and Impositions upon Foreign Imported Merchandises, is by the Law of Nations acknowledged to be proper to, and Inherent in the Persons of all free Princes, as an undoubted Prerogative of the Crown: They therefore in a Dutiful and Humble Recognisance of His Majesty's Prerogative Royal, Do Declare, That the Ordering and Disposal of Trade, with Foreign Nations, and the laying of Restraints and Impositions upon Foreign Imported Commodities, doth belong to His Majesty and His Successors, as an undoubted Privilege, and Prerogative of the Crown; and that by virtue thereof, they may lay such Impositions and Restraints upon Imported Foreign Commodities, and so Order and Dispose upon the Trade of them, as they shall judge fit for the good of the Kingdom: Likeas, the King's Majesty, with Advice and Consent of His Estates of Parliament, Doth hereby Rescind and Annul all Acts, Statutes Constitutions and Customs to the contrary, and Declares the same void and null in all time coming.  
This Grievance doth acknowledge that the King hath power by Law, to Impose what Custom or Duty He pleases upon Foreign Trade, but it States the King in a Legal Capacity, without Consent of Parliament, to exact as great Sums as the Nation is able to furnish, for every Country needs something from another, either of absolute necessity, or conveniency, especially such Countries as do not abound with Manufacturies, and Artisens': and in a Northern Country, Spiceries, and Drugs are become almost as  as Air and Diet, besides Iron, Wine, Pitch, Tar, and an hundred things, wherewith Scotland doth not furnish itself; and by Imposing such exorbitant Duties upon these, as the French King doth upon Salt, the Kings of Scotland might Supply themselves without being beholden to Their Parliaments, and People for their Aids; and it is impossible to suspect, that a King who is willing to part with this Power, which the Law Declares to be an Inherent Privilege of His Crown, can be uneasy to His People in any thing; and it is amazing, that since the effect of this Law is understood, and hath been acknowledged in the Grievances, how any persons could be so cruel to their Native Country, as to obstruct the Relief, which the King offered them in this Concession? And if this opportunity were never renewed, how justly might this Age, and the succeeding Generations blame them.  
Article 9 Grievance.  
THe not taking an effectual Course to Repress the Depredations and Robberies by the Highland Clans, is a Grievance.  
This is Answered by the eleventh Instruction.  
Instruction 11.  
YOu are to endeavour to procure an Act for an effectual Course to Repress the Depredations and Robberies by the Highland Clans, and when this Matter is Digested, you are to Transmit the Proposals to Us, that you may get particular Instructions thereanent.  
The Depredations by the Highlanders is certainly a great inconvenience to the Kingdom, whereby the Inhabitants of the Low Lands are not only obliged to keep numbers of Armed Men to Watch and Guard the Passages and Descents from the Highlands; but likewise to pay considerable Compositions to these Robbers, to procure their Protection and Assurance, which the Law Discharges, and this Acknowledgement is called Black-mail, whereby these Thiefs are Sustained without Industry or Virtue, who are hard to be Reduced or brought to Justice, because of the unaccessableness of the Mountains, and that Forces are not able to find Subsistance there, nor March as far in two or three days in a Body, as the Highlanders can do in one; and therefore the Grievance is just. But there is no Method proposed for accomplishing the Redress; Therefore the King doth Remit to the Parliament to Consider, and Digest effectual Courses for Repressing the Highlanders, which are to be Transmitted to His Majesty, that He may give particular Instructions to His Commissioner. Likeas in the mean time, though the Parliament did Refuse to grant a Supply, yet the King hath maintained a considerable Army upon his own Charge this Summer, and hath planted considerable Garrisons round the Verge of the Mountains, to secure the Lowlands; and if His Majesty should withdraw, or Disband these Forces, which He hath not been enabled to pay, the Highland Clans being now Combined in Arms, and open Rebellion against the Government, they would quickly destroy that Kingdom, and might raise such a Flame in England, as might have fatal Effects, before it could be quenched.  
Article 10. Grievance.  
THat the banishing by the Council of the greatest part of the Advocats from Edinburgh without a Process, was a Grievance.  
This is Answered by the thirteenth Instruction.  
Instruction 13.  
YOu are to pass an Act that no persons be Banished out of the Kingdom, or from any part thereof summarily, without a Process.  
It is not worth the while to trouble you with the Detail of this Matter; But you may think it strange how the Privy Council comes to be charged with it, and it is acknowledged that it was a Grievance, now if it be not presently a Grievance, how can it be Redressed by the King.  
Besides either the Sentence of Banishment was just or not, if it was just, it cannot be quarrelled, if it was unjust and illegal, that is not a Grievance that must be Redressed by the making of a new Law, for the standing Law must give Relief to every thing that is against Law. But here there was more Resentment of single persons, than Injury to the Nation. And though the King might have slighted this Matter, being stated in that manner, that it was incapable to be Redressed; yet He gently covers and passeth it over, that none of the Grievances should want a satisfactory Answer, He condescends, that an Act be made, that no person be Banished without a Process, which is the Law there already, and in all other Civilised Nations.  
Article 11. Grievance.  
THat most of the Laws Enacted in the Parliament 1685, are impious and intolerable Grievances.  
This is Answered by the Twelfth Instruction.  
Instruct. 12.  
YOu are to pass an Act, Rescinding such Acts of the Parliament 1685, as are justly grievous to the People.  
If this Grievance had condescended upon the particular Acts, as it might, the King had given particular Instructions to Rescind them: But this general (of the most part) left them uncertain what Acts were meant to be impious, intolerable and grievous; and the King being willing in every thing to satisfy his People, He has subjected the whole Acts of that Parliament to the Power of this present Parliament, which must convince you, that the King had no mind to evade the desires of His People, or to shift them off upon the Generality of their Desires: But what they plainly desire, He gives a distinct Instruction to it, and when they point at any thing which they do not distinctly Express, He Remits the whole Affair to themselves: and in this Case, because there was no necessity of Adjusting Narratives, but only to Rescind some Acts of that Parliament; therefore the King doth not Require His Commissioner to Transmit the Proposals, as in many other Articles, but Authorizeth him to give the Royal Assent in this Matter, and in the Settling of Church-Government, and in Redressing of Fines, and Restoring of Forfaultures, which were the greatest Tokens of his Entire Confidence in the Parliament, and that He did not Proceed Cautiously or Narrowly with them. Who could have expected such unsuitable Returns, that some persons should press to proceed to Votes in Matters new, not offered in their Grievances, without Representing to His Majesty any thing of the Matter, before they were previously engaged, and put the King to the necessity of a Refusal. But that you may have a Swatch of the Acts of that Parliament, and how far our Great Men did Outvey one another to Depress the Nation, and Raise the Prerogative, I have set down the Second Act of that Parliament, by which you will see that they have not rested in the Doctrine of Passive Obedience, but for what I see, we own Active Obedience without Reserve, and yet I am told, this Act passed with very few or no contrary Votes.  
A Declaration and Offer of Duty by the Kingdom of Scotland, with an Annexation of Excise to the Crown.  
April 28. 1685.  
THe Estates of Parliament now convened by His Majesty's Sovereign Authority, Taking into their Consideration, how the Nation hath continued now upwards of 2000 years, in the unaltered Form of our Monarchical Government, and uninterupted Line of 111 Kings, whose Sacred Authority and Power, hath been upon all Signal Occasions, so Owned and Assisted by Almighty God, that Our Kingdom hath been Protected from Conquest, Our Possessions Defended from Strangers, Our Civil Commotions brought into Wished Events, Our Laws Vigorously Executed, Our Properties Legally Fixed, and Our Lives Securely Preserved, so that We and Our Ancestors have Enjoyed those Securities and Tranquillities, which the greater and more Flourishing Kingdoms have frequently wanted. Those great Blessings We Own in the first place to Divine Mercy, and in Dependence on that, to the Sacred Race of Our Glorious Kings, and to the Solid, Absolute Authority wherewith they were Invested by the First and Fundamental Laws of Our Monarchy: Nor can either Our Records, or Our Experience Instance Our being Deprived of those happy Effects; But when a Rebellious Party, did by Commotions and Seditions, Invade the King's Sacred Authority, which was the Cause of Our Prosperity; yet so far hath Our Primitive Constitution, and Fundamental Laws Prevailed against the Innovations and Seditions of Turbulent Men, as that these Interuptions never Terminated, but either in the Ruin, or at least the Suppression of these who at any time did Rebel or Rise in Opposition to Our Government. And since so many Ages hath Assured to Us, the great Advantages that flow down to all Ranks of People from the happy Constitution of Our Monarchy; and that all Our Calamities hath ever arisen from Seditious Invasions upon these Sacred Rights, Therefore the Estates of Parliament, for Themselves, and in Name of the whole Kingdom, Judge Themselves Obliged to Declare, and They Do Declare to the World, that they Abhor and Detest, not only the Authors and Actors of all preceding Rebellions against the Sovereign; but likewise all Principles and Positions which are Contrary, or Derogatory to the King's Sacred, Supreme, Absolute Power and Authority; which none, whether Persons, or Collective Bodies, can Participate of, any manner of Way, or upon any Pretext, but in Dependence on Him, and Commission from Him; and as Their Duty formerly did Bind them to Own and Assert the Just and Legal Succession of the Sacred Line, as Unalterable, by any Humane Jurisdiction; so now they Hold Themselves on this Occasion Obliged, for Themselves, and the whole Nation, Represented by Them, in most Humble and Dutiful Manner, to Renew the Hearty and Sincere Offer of their Lives and Fortunes, to Assist, Support, Defend and Maintain King James the 7th, their present Glorious Monarch, and his Heirs and Lawful Successors, in the Possession of Their Crowns, Sovereignty, Prerogatives, Authority, Dignity, Rights and Possessions, against all Mortals: And withal, to Assure all His Enemies who shall Adventure on the Disloyalty of Disobeying His Laws, or on the Impiety of Invading His Rights, that such, shall sooner weary of their Wickedness, than they of their Duty; And they firmly Resolve, to give their entire Obedience to His Majesty, without Reserve, and to Concur against all His Enemies, Foreign, or Intestine; and they solemnly Declare, that as they are Bound by Law, so they are voluntarly and firmly Resolved, that all of this Nation, betwixt Sixty and Sixteen, Armed and Provided, according to their Abilities, shall be in Readiness for His Majesty's Service, where, and as oft as it shall be His Royal Pleasure to Require them.  
And since the Excise of Inland and Foreign Commodities, Granted to King Charl. 2, of ever blessed Memory, by the 14th Act of the Parliament 1661., during all the days of his Life-time, and Prorogat by the 8th Act of the Parliament 1681, for five years thereafter, will shortly Terminat. And the Estates of Parliament Considering the Usefulness of this Grant, to Support the Interest of the Crown: Do as the first Evidence of their Sincerity, in the foresaid Tender of their Duty, Humbly and Unanimously Offer to His most Sacred Majesty, King James the 7th, their present Monarch, and to His Lawful Heirs and Successors, in the Imperial Crown of Scotland, the said Excise of Inland and Foreign Commodities, expressed in the said 14th Act of Parliament 1661., to be Collected in the manner Prescribed by the said 8th Act of the Parliament 1681, for ever. And His Majesty and Estates of Parliament, by the force of this Act, have United, Annexed and Incorporated; and Unites, Annexes and Incorporats the same to the Crown of this Realm, to Remain therewith in Annexed Property, in all time coming. And in respect that the Alteration in the method of Collecting the Inland Excise, from what it was by the Act 1661., to that Prescribed by the 8th Act of the Parliament 1681, will require some time to establish it in Collection. Therefore His Majesty, with Consent of the Estates, continues the Collection Prescribed by the 14th Act of the Parliament 1661., for the said Inland Excise, for six Months, from the first of May next allenarly.  
Art 12. Griev.  
THat the Marriage of a King or Queen of this Realm to a Papist, is dangerous to the Protestant Religion, and aught to be provided against.  
This is Answered by the Fourteenth Instruction.  
Instruct. 14.  
YOu are to pass an Act, that the King or Queens of that Realm shall not marry with Papists, under this Certification, that a Popish Queen Consort, or the Husband of a Sovereign Queen, shall not be capable to enjoy the benefit or advantage of any Provisions which the Law provides, or particular Contracts or Agreements may have secured to them.  
This is a most just Grievance, and at this Port much Mischief hath been Landed to these Nations, and a great Danger to our Religion in general. No Popish Princes do Marry with Protestants, but all the Daughters of Popish Princes are assumed into the Throne of Protestant Kingdoms, whereby the Royal Issue, to sad experience, may be poisoned with Popish-Principles from the Mother and her Priests, which is unavoidable, if a Papist can be a Queen. If the Grievance had proposed any particular Remedy, the King would not have refused His Consent, who is above all Suspicion in this Matter; and therefore the King hath proposed in His Instruction, to make a Law, Disabling the King or Sovereign Queens of Scotland to Marry with Papists, as to which at present they are under no Limitation by any former Law: and for a further Penalty to deter all Papists to Marry with them, it was to be Declared, that the Popish Husband of a Sovereign Queen, or a Popish Queen Consort, should be incapable to enjoy any Provision or Benefit, either by Law or Paction, during the Marriage, or after its Dissolution; and if the Parliament could fall upon any further Securities, it would be worthy of their pains to fortify this Passage yet further, which is in so great probability to be Attaqued, and hath so great opportunity to sink the Interest of these Nations, and endanger the Protestant Religion thorough the World.  
Article 13. Griev.  
THat the levying, or keeping on Foot a Standing-Army in time of Peace, without Consent of Parliament, is a Grievance.  
This Thirteenth Article of the Grievances, is Answered by the Nineteenth Instruction.  
Instruct 19  
YOu are to pass an Act against a Standing-Army in time of Peace, but so as Guards, Garrisons, and necessary Standing-Forces may be Continued.  
By this Instruction, though the King hath the Power, yet He is Content to pass a Law against a Standing-Army in time of Peace, beyond His Guards, Garrisons, and necessary Standing-Forces.  
Article 14. Griev.  
THat all Grievances relating to the Manner and Measure of the lieges their Representation in Parliament, be Considered and Redressed in the first Parliament.  
This Fourteenth Article of the Grievance is Answered by the Fifteenth Instruction.  
Instruct. 15.  
YOu are to pass an Act, that the greater Shires of that Kingdom, such as Lanark, Air, Perth, Eyse, Aberdeen, and Mid-Lothian, and others where it shall be found Convenient, may send three or four Commssiioners to Parliament, that the Representation may be the more equal.  
The Parliament of Scotland, is a Feudal Representation of the whole Nation, wherein every Bit of Land within the Kingdom is represented: The King as Leidge-Lord, Jurae Coronae, is not only Invested in the Kingdom, and hath the Dominium directum as Superior, as well as King of the whole, but likeways has the particular Patrimony of the Crown, and whatever falls to the King Jure privato, by Succession, Emption, Excambion, or any other Title; and also what befalls to Him by Confiscation, or what is Caduciary, or where the King Succeeds as Vltimus Haeres, Nam quod nullius est Regis est. The great Barons or Lords, they Sat in Parliament for their Lordships and Baronies, whether they be Bishops or Temporal Lords: And by the Ancient Custom of Scotland, every Free-Holder, that is to say, (not as in England he who is Seized of a Proportion of Lands belonging to Him in Property) but he who Holds a parcel of Lands in Capite, or immediately of the King, is understood a Free or Noble Holder in Scotland; and because the Divisions and Multiplication of Baronies hath rendered many of the Freeholders' small, so that their Attendance in Parliament was Chargeable and Burdensome to them; and it was a Disparagement to the King's great Court of Parliament, that the Mean Freeholders' should be Pares Curiae with the Nobility or Peers; therefore the small Barons who do not Hold an Hundred Mark Land of the King, are Allowed to Send their Commissioners to the Parliament, and the Barons of each Shire are Allowed to Send two or more Commissioners to the Parliament. The Royal Burrows make up the Third Estate to the Parliament; and each Royal Burrow doth Send One Commissioner, but Edinburgh which Sendeth Two to Represent in Parliament, the Lands given out by the King to their respective Burrows, to be holden of Him Burgages, whereby unaquaeque Gleba, every Bit of the Kingdom is represented in Parliament: But the Number of the Lords being Increased at the King's pleasure, they are now become as many as the Commissioners of Shires and Burrows, if they were all present, and it hath been the custom of our Kings to Erect Royal Burrows, as they think fit, the Shires always remaining the same. The Commissioners for Shires, who do Represent the greatest part of the Property of the Nation, they are not proportional in Number, and they have made many Attempts, that the Shires being unequal in Extent, Value or Number of Inhabitants, that therefore the great Shires might be Allowed to Send more Commissioners, which is agreeable to the Act of Parliament, to Send Two or More, that the Representation in Parliament of the Nation might be the more equal. This Design hath been always Obstructed by the Lords, or great Barons, that they might have more Votes and Influence in the Parliament; as also, the Court hath Considered the Barons, as that part of the Parliament, which could be least Packed or Influenced, being persons generally of the best Sense and Substance, as being chosen by the rest of the Barons to Represent them: Therefore the Court hath never Favoured this Adjusting of the Representation, having greater Influence upon the Royal Burrows, who are Weaker, and upon the Noblemen, who are generally more Necessitous, and so more easily brought over to the Sentiments and Designs of the Court. But this King Regarding Equity and Justice, more than Power, He hath Consented that the Representation in Parliament be rendered as equal as can be, and that the greater Shires shall have a greater Number of Representatives.  
Article 15. Griev.  
THat the Grievance of the Burrows be Considered and Redressed in the first Parliament.  
This is Answered by the Sixteenth Instruction.  
Instruct. 16.  
YOu are to pass an Act, Ratifying the Privileges of the Burrows, and Securing their Rights, in Electing their own Magistrates for the Future, and that the Burrows of Glasgow and St. Andrews shall have the Electing of their own Provosts, Bailies, and Town Council, as the other Royal Burrows of that Kingdom have.  
The Royal Burrows have a peculiar Interest in the King, for as burgh's of Barony and Regality, are Incorporations belonging to Noblemen and Gentlemen, so the Royal Burrows are in a particular manner the King's own Burrows, Holding immediately and directly of the King; and the Law doth not allow the interposition of any Nobleman, or Baron, to have interest in the Magistracy of Burrows, but only such as are of their own Community: Of late, the Royal Burrows were extremely Encroached upon; and in the last Reigns, the Magistrates of burgh's were nominat by Letters from the King, though by their Charters, the Incorporation, and Town Council had Right to choose their own Magistrates. His Majesty, than Prince of Orange, in His Declaration for Scotland, takes special notice of the Injury done to the Royal Burrows; and therefore, though the Grievance in relation to the Burrows, be altogether general, yet His Majesty hails an opportunity to Redress and Gratify them; and therefore He Empowers His Commissioner to make a Law, Ratifying all their Privileges, whereby the Commissioner was obliged to give the Royal Assent to any thing that the Parliament should Determine to be the Right and Privilege of the Burrows. 2ᵒ. His Majesty offers to secure to the Burrows, that they shall never be Invaded for the future, and that they shall have the sole and free Choice of their own Magistrates. 3o. By the Abolishing of Episcopacy, the King being come in the place of the Arch-Bishops of St. Andrews and Glasgow, he had in their Right, the Power of naming the Provost and Magistrates of these burgh's, whereby Glasgow, though it be the second Burgh in the Kingdom, yet it hath not the ordinary Privileges of the meanest Burgh Royal; And the King, to signify His Gracious Intentions to the Burrows in general, He gives them all that is in His Power, and allows these two Burrows to choose their own Magistrates; albeit some have represented this Concession to be prejudicial to the Crown, and that it is fit for the Crown, that the King retain in His own Hand, the choosing of the Magistrates of Glasgow, as an Aw-band over that numerous people, or that He Commit this Power to some great Family about them, who may keep that City in Order. 4ᵒ. Trade being the great concern of the Burrows, the King hath allowed His Commissioner to pass Acts, one, or moe, what the Parliament shall think fit for the Encouragement of Trade, which give a sufficient Rise and Warrant for Repairing the Royal Burrows, against any Invasions that had been made upon their Rights in the point of Trade; So that they should not be obliged to pay for a Privilege they did not enjoy: Here is a notable Evidence, how far the most Gracious Concessions of a Prince may be mistaken, and slighted. The Royal Burrows were abused by the Industry of some persons, and made believe, that the King by His Instructions, had given them no Relief, and that He had not regarded the Grievance, in relation to the Royal Burrows, upon this Imposture they did Combine in the Parliament, to refuse a Supply, to oppose any thing, that was brought in, in pursuance of the King's Instructions, and to concur in all the Votes that was brought in against Him, which they did accordingly, only a few Burgesses being excepted, and certainly, if they had understood the King's Gracious Intentions towards them, they could never have been guilty of such Transports against both their Duty and their Interest; and when they come to be informed, it will oblige them for the future to be more cautious, not to take up an ill Report, rashly to doubt their Sovereign, or destroy themselves; and the Royal Burrows being further shamed to send up these same persons who had abused them with an Address to His Majesty, desiring an Answer to that Grievance which did concern them: His Majesty pitying their Innocence, gave an Answer in Writing, that it might be sure to come to their Hands; signifying, That He had remembered their Concerns very particularly from the beginning, and that they had no reason to doubt His Care, desired them not to suffer themselves to be further abused, to mistake their own Interest, but that they might believe He would Redress all the just Grievances of the Nation, and specially of the Royal Burrows, in whom He owned a peculiar Interest. This Goodness and Forbearance in the King, cannot fail to produce suitable Effects of Duty and Gratitude, and when the Burrows shall be sufficiently Informed, they will certainly take occasion to have a new Convention, and return His Majesty an humble acknowledgement of their mistakes, and a dutiful sense of His Favours, as well as the Concessions in His Instructions.  
Now you see that the King hath given a particular Gracious Answer to every one of the Grievances; and besides these, there is an Instruction for the Regulation of the Universities: And after all, the King concludes with a general Instruction, If there be any thing else that may be necessary for the good of that Kingdom, to be passed into Laws: You are to acquaint Us from time to time, with such Overtures, that you may be Authorised with particular Instructions thereanent. This admits no Paraphrase, it was impossible for a Prince to say more, this was a Catholicon for curing all the Grievances, that either were, or could be represented; and what a strange Return was it, not to Transmit their Overtures, but to proceed to Votes, Straiten and Manacle the Royal Authority, in its most necessary and undoubted Powers.  
Since I have given you the Grievances and Instructions together, you are able to Judge, and I do submit to your Judgement, whether my Reflections be  or no; and I shall conclude, 1ᵒ. That Nation lies under the pressure of most heavy and grievous Laws. 2ᵒ. The King hath done all upon His part that was possible, to render that Nation happy; and since He must be acquitted by all indifferent Judgements, I will not give myself the trouble to tell you who are guilty, since the Instructions are so full, the Ministers of State must be innocent.  
By this time, I think you may be able to resolve your own Questions. 1ᵒ. If the King hath done His part, and be not to blame, how comes the Majority of the Parliament to be discontented? 2ᵒ. Why did not the Parliament accept these Concessions pro tanto, and turn them into Laws, and then ask what more they thought necessary? 3o. What is the meaning of so many Addresses, and particularly, the last which is Printed? 4ᵒ. Upon what grounds does these men build their hopes, who do so pertinaciously oppose the King, and what may be expected, whether the Presbyterians will join with them or not?  
I must confess, your Doubts are highly reasonable, but they may be Resolved, by what hath been already clearly Stated, and what I shall further tell you; great expectation is a mighty enemy to Contentment, if there were less selfishness amongst us, there would be more Satisfaction; people did expect the return of the Golden Age, or the beginning of the Thousand years from this Revolution, and their Impatience is like to hinder them to enjoy what they desire. The King can employ no more Actors than our Stage can hold: He hath not put any Stranger, nor any Scots-man that served Him abroad in any Scottish Employment; if the Nation could make a larger Fond, no doubt He would be willing to  more persons, for it's not likely the King intends to put up any Scots Money in His pocket at present, He hath allowed no multiplication of Offices in one person, but by putting the great and lucrative Offices into Commissions, there are twice as many persons employed in this Government, as ever can be instanced in former Establishments.  
In the whole Parliament of Scotland, for all this noise, there are not twenty persons, as I do verily believe, who are at bottom ill affected to their Majesty's Service, and Government, but there are very many who have been seduced, and have been imposed upon, wholly under gross mistakes, which have transported them beyond the bounds of Discretion or Duty.  
There are persons amongst us, who have their Thoughts so much set upon getting into the Government, and Lucrative Places of the Kingdom, that they are resolved to disquiet the Government, and discontent the people, before they fail of their pretensions, and they turn themselves into all shapes, and plyevery Wind to Deceive, and amuse the people, their influence is not so much because they are able and Leading Men, as that they are restless and implacable Spirits, and they have gotten this ascendent over a great part of the Parliament, two or three ways. 1ᵒ. The most part of the Parliament have been kept ignorant of the King's Inctructions, and there was no Artifice wanting, to possess every State and Person, that the King had refused Satisfaction, or Redress to these points of the Grievances which were most material, and I know, to my experience, that the Ministers, and also several Members of Parliament, who came up here with the loudest Complaints, upon a sight of His Majesty's Instructions, they were surprised and convinced; and the like success may be expected throughout the whole Kingdom and Parliament after a competent time to be informed, and peruse the Instructions, and that they may return to their former temper, and show that affection they had for His Majesty, and the Deference and Submission to His Mannagement of Affairs. 2ᵒ. These persons who are so insatiable for preferment and places, they did very dexterously start and manage an unnecessary Debate, whether or not the King was obliged by their Offer, and His acceptance of the Crown, to Redress all Grievances, and whatever Conclusions they were pleased to draw from them, as their meaning, though these be neither obvious nor expressed; and albeit it be very true, that the Grievances are not obligator upon the King as they are represented, further than the King in His Wisdom shall find the things Complained upon, to be truly prejudicial to the Nation, and in so far as Father of the Country, He is obliged to give His people Relief; but Their Majesties were Declared, Recognised, and Proclaimed King and Queen of Scotland before the Grievances were Framed, and so they could be no Condition or Quality of Their Right, but being humbly represented to the King's Majesty from the Estates, to be Redressed by Him in Parliament, His Majesty did not at all engage Himself in any particular, but Declared in general, that he would Redress every thing that was truly Grievous to the Nation; now while they manage this disingenuous and weak Argument, whether the King be obliged to Redress the Grievances, they in the mean time have endeavoured to persuade the people that the King hath not at all done it, and that he is so far from performance, that both he and his Ministers denies there lies any obligation upon him, so that in this Revolution, the people do only observe a change of Masters, but no ease of Burden, or Redress of Laws; now after the publishing of the Instructions, this Imposture is so gross and palpable, that it can no longer detain the people in ignorance, 3o. When the Parliament was willing to proceed according to the Instructions, and to have settled their Church-Government; These persons brought in always some new Motions, which they did pretend to be necessarily previous, as first, they did pretend the Articles was a Preliminary; and therefore nothing could be done till that point was Adjusted. Next they did insinuat that it was to no purpose to settle the Church till first the State was purged, and all the ill men rendered incapable, for if ill men were permitted to come in to the Government, they might easily turn the settlement of the Church round, and thereupon there was a great Struggle and Debate, whether Church Government should be first settled, or the State purged by an Act of Incapacities 〈…〉, and it was carried, the Church Government should be delayed and postponed to the purging the State, which may demonstrat that these men had more the State than the Church under their prospect; Thereafter thesettling of Church Government being brought in, they started a fresh Hare and managed a Debate with great earnestness, that their Commissioners had not done their Duty in the offering of the Crown, according to their Commission and Instructions, and it was a second time brought to the Vote, whether Church Government, or the exoneration of the Commissioners should first come in. It was carried again, to delay Church Government, and several days being spent upon that Matter, it came to nothing, and was found to be pestered on groundless malice: Thereafter the Church Government was talked of, and then it was pretended that so long as the Act of Parliament stood unrepealed anent the Articles, nothing could come in legally to the Parliament, but from the Articles, hereupon the King was pleased to make a further step, and he sent down new Instructions, which the Commissioner did intimat in plain Parliament, bearing his Majesty's Consent, that Church Government might be settled, Fines and Forefaultures considered by the Parliament, either with Committees, or without Committees, as the Parliament pleased, and in so far as concerns these points, the King did pass from his Right, and consented that his Officers of State should have no meddling in the matter, but remitted these matters entirely to the Parliament; and this Concession being publicly intimat from the Throne, it was openly asserted by lawyers and others, that albeit the King did pass from the Articles, as to these points by an express Instruction to his Commissioner, yet the Settlement could not be Legal, till either the Articles were Repealed, or a draught brought in to the Articles. Here I shall entreat you to observe when these men had no mind to bring in a matter, than the Articles was so indispensable, that the King's Instructions was not sufficient to warrant the Legality of any matter to be brought into Parliament, otherways than from the Articles, but when ever they resolved to have a matter brought in, then there was neither necessity nor use of the Articles, but they durst adventure to proceed in all these Votes contained in the Address, without ever acquainting the King, or procuring an Instruction to his Commissioner, or Tabling these matters before the Articles, which they would never allow to be chosen, according to the standing Law: By this you may guests at the Ingenuity of their Procedure, and if it were not tedious, I could give you many such instances; The Estates did apply to the King to be turned into a Parliament, that no time might be lost by the Indiction of the Parliament; the King had no sooner granted it, but a Committee of the Estates did Address to Him to delay the Diet of the Parliament, till some of them might come up (which was to secure their Interest in getting Offices and Places in the State) which took off the reason they had pressed to be turned into a Parliament, rather than that a new one should be called. Likewise that Committee did take upon them to give good Injunctions to the King, not to be hasty in disposing of Places, till His Majesty might take Information from some persons whom they did recommend: And accordingly His Majesty did neither at that time, nor till now, dispose of any place, but what was absolutely necessary: And in the nomination of the Lords of Session, the King did not design the whole number, but only Ten to make a full Quorum, which might do all business while he were further informed for naming the other Five. This was no sooner done than it was quarrelled as a Nullity in the Nomination, because it was not complete. The King by Three several Instructions pressed the settling of the Church-government, and did allow it to be done in any way they pleased, with Committees, or without them. And sicklike, for considering Fines and Forefaultures, which was as oft shifted by those persons who offered the Address, and at last it was declared to be impracticable; and yet they have the confidence to spend a great deal of their Paper, complaining for the not settling of Presbyterian Government, and restoring Fines and Forefaultures, as if the fault had lain upon the King, and that he needed to be pushed to it, whereas they themselves have been the only obstructers. And I am credibly informed, that while they run about to amuse every body, they tell those who are of the Church of England, to ingratiat with them, that what they did in relation to the abolishing of Episcopacy, was nothing of their own inclinations, but to comply with the King's Instructions, who was engaged in that matter before he came from Holland, which is sufficiently confuted by the Instructions themselves.  
As to your second Question, you have great reason to wonder why a Prince having made so great Concessions, they were not accepted by every body, and that it had been a better season afterwards to have demanded more. But the misery lies here, if once the Instructions had been understood, and been reduced into Laws, that must have given so universal a satisfaction to the People, and procured so much affection and gratitude to the King, that all the Addresses, Hopes and Endeavours had been in vain to create Jealousy, and maintain Faction and Mutiny: For the benefits and ease the Nation should have received, would have been so sensible and fresh, that the Whisperer or Backbiter would have found no place or admittance; whereas now the Nation remaining under its Fetters, there being nothing done for its advantage or satisfaction, every body is sensible of the misery it feels, but few can make a Judgement of the Cause and the Author, and they have been easily imposed upon to believe, that these who keep them in slavery are their Champions, and that he who promised, and from whom they expected relief, hath deserted them: And to make these surmises pass the more plausible, they give it out that the King is pestered with ill Counsellors, and that the Malignants, and these who ruined the Nation formerly, are to be assumed into the Government, that they may act their former part, or a worse over again; whereas almost all the Places and Commissions are filled with persons as have either never been in the Government, or have acted most inoffensively there.  
As to your third Question, there came three Addresses to the King, one from the Clergy, desiring their Church-government to be established; I am confident upon the sight of the Instructions, and their application to the King, the Ministers were convinced and satisfied that the King had done all that was proper for him, and that it was their interest and duty to stand firm by the King, and that their Party had no hopes or security under God but in him.  
There was another Address from the Burrows, desiring the King to give Instructions in relation to their Grievance; I cannot say that their Commissioners were satisfied, because they were men who went up upon another design than to take satisfaction, unless they got places, and therefore they got their Answer in Writing; but I hope the Burrows do already, or shall shortly understand how they were abused: Thus far they did only choice a Trafequing Burgess, who might be concerned in the interest of that State, next day they were Whidled to choice the two lawyers, whose errand was none of their business, and yet they were to bear their Charges.  
There was a third Address from a great many of the Members of Parliament, I need not tell you what undue practices was used to procure and mendicat Subscriptions, after the Parliament was up, and to very little purpose; for except it had been to insult the King, as some few have done in all the steps of their management. Can an Address out of Parliament import more than a Vote of Parliament? except it were to convince the King of their peremptoriness, and that they were incorrigible, and that nothing was to be expected from the Parliament, when it should meet again, though I do not believe that the King needs to fear this; for when the generality of the Parliament comes to be informed, and shall see the Instructions, they will perceive clearly the selfish and implacable designs of some men, and their false surmizes, that they will quite and fall off from these men, and leave them to themselves, to double out their pretensions for places, in which the Country hath little concern. I need not tell you the matter of the Address, since it is Printed; I shall make some short reflections upon it. 1ᵒ. These Votes which were so unseasonably brought in, and so peremptorly pressed, have no relation to the Grievances. Now if they had been of so great importance, why were they then forgot? And if they be of less importance than the Grievance, why do they make such a bustle to press in these points of less moment, and stop these things which are of far greater consideration, which were first Tabled by a representation from the States, and granted by the King's Instructions? And its pretty odd to see men who make such a noise about the Authority of the Grievances, that the King must satisfy them, and yet when they please to bring in any little Overture, it must take place, and justle out the other. 2º: As to the Vote of Incapacities, it is indeed a Vote incapacitating the King to employ any person in his service but whom they please; for the Terms are so lax, and the Nation so universally involved, that there are few men of Business, Fortune, or parts, but they may be reached, and most part of the Addressers themselves, as far as they are capable they are guilty; but when a man turns upon that side, the most abominable and monstrous faults are covered, whereas trifles are mustered and magnified, if a man be on the King's side. And I cannot forget the last Member of the incapacities, that all who have obstructed the designs of the House, after they came the length of Votes, shall be incapable of Public Trust, though the Royal consent neither is, nor I believe will perhaps ever be adhibited; so they are no Laws, but abortive Attempts, which never had a precedent, and it may be will never have a parallel; So it was above measure, hard to inflict the severest pain of incapacity, where there was no Law Transgressed, as appears by the words of the Statute, Act 3. Par. 1. K. Ch. 2d. So no Acts, Sentences, or Statutes to be passed in any Parliament, can be binding upon the people, or have the Authority and force of Laws, without the special Authority and Approbation of the King's Majesty, or His Commissioner interponed thereto, at the making thereof, & the punctual observance thereof is enjoined, & that none offer to call in question, impugn, or do any deed to the contrair hereof, under the pain of Treason. 3. As to that Article concerning the Session, I have already told you how it was thrown out by the Committee of the Estates. I dare say to you upon my reputation, that there is not one word in our Law, giving the Parliament any power in Trial or Admission of the Lords of Session. I shall refer you to two short Acts in Anno 1661., the second & eleventh Acts of the first Session, first Parliament K. Ch. 2d. Where the King's Right in this point is as clearly stated, as can be expressed. These Acts are as follows,  
ACT and Acknowledgement of His Majesty's Prerogative, in the choice of His Officers of State, Counsellors and Judges.  
THE Estates of Parliament considering the great obligations that do lie upon them from the Law of God, the Law of Nations, the Municipal Laws of the Land, and their Oaths of Allegiance, to maintain and defend the Sovereign Power and Authority of the King's Majesty, and the sad consequences that do accompany any encroachments upon, or diminutions thereof; do therefore from their sense of duty, declare, that it is an inherent privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of this Realm, to have the sole choice and appointment of the Officers of State, and Privy Counsellors, and nomination of the Lords of Session, as in former times, preceding the year 1637. And that the King's Sacred Majesty, and his Heirs and Successors, are for ever, by virtue of that Royal Power, which they hold from God Almighty over this Kingdom, to enjoy and have the full exercise of that Right: And therefore the King's Majesty, with Advice and Consent of his Estates of Parliament, doth hereby Rescind all Acts, Statutes, or Practices to the contrair.  
Follows the acknowledgement of His Majesty's Prerogative.  
FOrasmuch as the Estates of Parliament of this Kingdom, by their several Acts of the 11th and 25th of January last, have from the sense of their humble duty, and in recognizance of His Majesties just Right, declared, that it is an inherent privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of this Kingdom, to have the sole choice and appointment of the Officers of State, Privy Counsellors, and Lords of Session, etc.  
I shall only tell you, that the Session is sitten down with as great satisfaction as ever it did, and several of the most eminent lawyers have accepted, whose Practice was much better than their Salaries; and you must allow me to say, since they must know the Law, they are great fools if they be not safe: And I am sure the greatest lawyers that did oppose this, would have been content to have run the hazard of the Parliaments censure, if they could but procured the King's Commission, and would have parted with the Club to the Boot, when they had got their own Staik. And as to that part of the Vote, that the Precedent should be chosen by the Lords, this did not concern the Parliament, since the Lords did not complain: And the five last successive Precedents are named by the King in the same manner; Besides, my Lord Stairs is not made of new Precedent, but restored to an Office whereunto He had been formerly Admitted by the Lords, conform to the King's Declaration, from which he was unjustly thrust out: And withal, the Lords did unanimously by a Vote acquiesce in His Majesty's nomination and reponing the Precedent, and declared, if the matter had been entire to themselves, they would all and every one of them have chosen him; so this dust has been very idly raised. 4ᵒ. I must again take notice of that grief they express for the want of that Church-government they themselves hindered to be established; and the design of the Address is to Imprint in the apprehensions of the people, that the King is slow or backward in that matter. 5ᵒ. As to the Apology for not giving Cess, it is very pleasant, they did not refuse it absolutely, but till some things were first exped which might give them satisfaction; that is to say, they would give no Cess or Subsistence for the King's Troops, though they must quit the Country if he withdraw them, till such time as the King shall renounce the remainder of his Sovereignty: And I shall not say that he hath been prodigal of his Prerogative, but I am sure he hath been so liberal of it, that it might at this time have given contentment for once. It is needless in this case to remember either the obligations we own to our King, or the necessity we have of his Protection; but I shall offer two things to show the ingratitude and foolishness of refusing this Supply. 1ᵒ. The King hath expended above Threescore thousand pounds upon his Troops in Scotland, out of his own Pocket, for our defence, and in sending Arms, Ordnance and Ammunition thither; and if he should abandon us this Winter, the best part of the Nation would be forced to leave the Country. 2ᵒ. By a standing Law, the Parliament settled Eight months' Cess upon King James, during his life-time, which we paid pleasantly, for supporting that Government, was it discretion to refuse the King four months' Cess, which is but 24000 Pounds Sterling, which he was willing to accept, in stead of demanding the Eight Months during King James' life? And supposing that he had redeemed us from that Eight months' Cess, as well as many other miseries, was it grateful or just to grudge him one years' Cess, for the relief of the rest? There was more heat in this matter than consideration. 6ᵒ. I cannot but admire their confidence, in pretending to be surprised with the sudden Adjournment of the Parliament; most men did wonder it sat so long, and every body knew it was to rise that Week; that strange Vote in refusing Four Months Supply after all the rest that had passed, made it evident there was no better to be expected; and when they had formerly refused to proceed upon the Instructions, how could any man think that they should not be Adjourned?  
As to your last Question, where these men's strength lies, and whether the Presbyterians will desert the King, and join with them? I tell you plainly my thoughts, these men play upon the Presbyterian Staik; and though the Sticklers be persons who have little concern in Religion, or regard to Church-government, and when Episcopacy was formerly abolished, and all the Laws establishing it Rescinded, in consequence the Laws made at the Reformation, in favours of the Presbyterian Government, were redintegrat and revived; the same might now have been done, but their same Addressers did oppose it, and did add a Clause in the House, declaring the Church-government was yet to be established, upon this project, that if Presbytery were once established, they knew the Presbyterians needed no more depend upon them; whereas the Presbyterians must either support them, or else they will turn about and fall in with the Cavalier Party against them: for they Front to all Sides but to the King, and in the mean time they render the Presbyterians jealous of the King, and tell them, that the Civil Magistrate likes always to have the Church in his power, and that the King to oblige the Church of England, will in the end abandon them, whereas they are willing to establish Presbytery in what terms they can desire, and to go the length of a Covenant and League with the Dissenters in England. But after all, I can hardly believe that the Presbyterians will be so imposed upon, and whidled out of their Interest, by persons they know to have no concern for Religion, but to raise themselves by it: And therefore I think the following Considerations will secure the Presbyterians. First, All the Presbyterian Lords in Scotland, who have been all along of that Persuasion, and have suffered for it, have all to a Man stood firm to the King in this Parliament, against the Club, and they are almost all actually employed in His Service. Now it is not possible that any rational or sober Presbyterian will part with their old and great Friends, who are able to do them good, for new Undertakers, whereof some have been lately their Persecutors, and the Presbyterians have no safe retreat, King James will neither trust, nor forgive them. Will they be Neuters, and Associate again, as the Five Western Shires did in Anno 1650. when they refused to join either with King Charles' Army, or Cromwel's: This design was both foolish and fatal, they were quickly broken at Hamiltoun. Secondly, I can hardly believe that the Presbyterians will forget the regard the King had to their sufferings, that he hath revived and restored them, and will certainly settle the Government of the Church of Scotland by Presbyters, and employ them where they are capable, in the Civil Government, if they themselves do not hinder him. For though I do not believe that the King either is, or should be of a Party, yet their circumstances lies together, his suscess, and their deliverance. For in Scotland, though we had Bishops who were Tools for the Civil Government, and led Horses for the State, yet we never admitted Canons, Service, or any Forms in our Church; so that even in time of Bishops the Nation was Presbyterian: And whereas the Church and Bishops of England before this Revolution, were standing in the Gap, and suffering; and the King in His Speech to the Parliament, did avouch them to be a Bulwark to the Protestant Religion, yet at that time our Bishops in Scotland, in their Address to King James, not only pray so his success and prosperity in that Expedition, but they pray that God may give him the necks of his Enemies, after they knew that the King, than Prince of Orange was Embarked, and had set Sail for Britain. This may conciliat a greater confidence and regard from the King to the Presbyterians of Scotland, without giving any discouragement or displeasure to the Church of England; For a Prince that hath different Countries and Nations, may maintain distinct Religions, and much more distinct Forms of Government, professing the same Religion, without affecting or neglecting any man upon that account. Thirdly, As it is duty and gratitude for the Presbyterians to stand firm by the King, they lie under a suspicion to be difficile and uneasy under any Government, and that their Principles are more suited to a Commonwealth than Monarchy; they have now an opportunity to retrieve and vindicate themselves from these aspersions; and if they be such fools as to suffer themselves to be seduced to quite the King for the Club, there are many that are now looking after their halting, who will not be wanting to represent to the King, that he hath neglected a far greater interest, in looking after the Dissenters, whom he could not manage. These and other such considerations will certainly oblige the Presbyterians to look to their interest, and foresee their danger, if they should either lie by, or prove unkind: And if they do not support and sustain this Club, it will fall to nothing, and the Nation will return to some better temper, and see their folly, in not closing with the King's Instructions. Sir, I have been carried far beyond my design, in giving you an account of my thoughts in this matter. But without further, I am,  
Your most humble Servant. London Dec. 1. 1689.   

ERRATA.  
Page 1. Line 19 read as any. p. 6. l 29. r. Barons. p. 33. l. 29. r. who lie. p. 38. l. 4. r. mystery.