that about three hundred of the Rebels were slain and not above thirty of Cleelands men in all and the next day some parties that were sent to the Assistance of those who had fought so bravely going out to scowre the Country found several dead bodies of the Rebels strew'd about the Country which made it believ'd that the Slaughter of the Rebels was much greater than it was said to be This defeat of the whole Body of the Rebels created a great dislike of Colonel Cannons conduct among the Highlanders and so discouraged the whole Party that this defeat being given toward the latter end of August by the tenth of September the Lords of the Council had work enough to receive the Submissions of the Highland Lairds and Heads of Clanns who came in and took the Benefit of the Act of Indempnity as did also the Earl of Callendar Lord Duffus and Lord Levingston who took the Oath of Allegiance and gave security for their peaceable Behaviour And as for Colonel Cannon himself he lost his Reputation among the Highlanders to that degree that after he had long lain lurking about Innerlochy to no purpose they told him to his Face they would not any longer obey his Orders as being a man that neither understood their Language nor had any Interest or Fortune in their Country and in a few Nights after robbed him of all he had breaking open his Trunks and taking away his Cloaths and his Money not sparing his purse of Gold wherein he had fourscore Louis d'Or and two and twenty Guinies So that after such bad Usage he thought it his best way to retreat into Ireland with all the Secrecy he could not believing his Life secure among such a barbarous and Thieving Generation of People but for all that he did not go All this while the common Course of Justice in the usual Trials at Law had been at a stand partly through the combustions occasioned by the Viscount of Dundee partly through the Parliaments insisting upon their priviledge of approving the persons nominated for Lords of the Sessions by the King and the Right of choosing the President which they alleadged was to be done by the Members of the same Court But the Troubles of the Rebellion being over and the Parliament before their Adjournment having sent to know the Kings Pleasure in so weighty a Concern his Majesty sent a Letter bearing date the First of October to his Privy Council by whom all matters of State were now transacted signifying That whereas the Estates of Parliament had thought fit to stop the opening of the Signet for some time till he should signifie his pleasure concerning the Nomination of the Lords of the Session therefore upon serious consideration of the Matter and the great Inconveniencies that would arise to his Subject by so long a surcease of Justice he had resolved to make up a compleat nomination of the Lords of the Session and to have the Signet opened that Justice might have it's Course To which purpose he required and authorised his Privy Council to issue forth a Proclamation to certifie the People that the Sessions would sit at the Ordinary time being the first of November ensuing declaring withal that the Sessions should then sit and proceed in the Administration of Justice and for the dispatch of Processes renewed in His and the Queens name and that the Signet should be open at the same time for the expediting of all Summons and Writs in common Form By the same Letter the Privy Council were ordered to give notice to the Lords that had been formerly nominated whose Oaths had been taken by the Earl of Crawford by His Majesties special Order to give their Attendance for the passing Bills of Suspension and all other Bills according to the common Form And whereas Sir James Dalrimple President of the Colledge of Justice and Sir John Baird whom the King had restored to his place and Mr. Alexander Scomtown of Marsington had been tryed as to their Qualifications required by the Acts of Parliament and were accordingly admitted the Privy Council was therefore commanded to appoint them or any two of them to examine the Qualifications of the other persons nominated by His Majesty and to admit them if they found them qualified according to the Acts of Parliament In pursuance of this Letter a Proclamation was issued forth and the Lord Newbaith being called in before the Privy Council took the Oath of Allegiance as one of the Lords of the Session and at the same time both he the Lords Armstown Crossrig and Mersington were ordered to attend the passing the Bills of suspension and the Lords Newbaith and Mersington appointed to examine the rest of the Lords which had been nominated by the King So that in a few days before the end of October the number of the Lords of the Session was fully compleated and were The Lord Stairs President or Lord Chief Justice Lord Newbaith L. Mersington L. Holcraig L. Armstown L. Crossrig L. Arbruthel L. Philiplaugh Lord Fountain-Hall L. Phesdo L. Presmennen L. Ranhillor L. Anstrather L. Steenstown L. Revelrig About the Beginning of December ensuing the several Great Officers of State received their Commissions For the great Seal The Duke of Hamilton Earl of Argyle and Earl of Southerland For the Treasury The Earl of Crawford Earl of Cassils Earl of Tweddale Lord Ruthven Mr. of Melvin For the Privy Seal Lord Belhaven Master of Burleigh Sir Thomas Barnet of Leighs Laird of Parkhay The Earl of Lowthian was made Justice General or Supreme Judge of the Criminal Court The Laird of Cesnoch Lord Justice Clark or Assistant to the Justice General and Sir John Dalrimple was made Lord Advocate The Lords Aberuchel Rankillor Fountain-Hall Phesdo and Crossrigg were made Commissioners of the Kings Justiciary Which Court being opened the first time since the Revolution upon the Twenty seventh of January the Earl of Lowthian express'd himself in a Learned Speech to this effect In the first place by way of Excuse He acknowledged That when he considered the Hight Station wherein His Majesty had placed him the greatness and weight of the Affair and his own want of Experience and many other unfitnesses nothing so much assur'd him as to see such persons so eminent for their Abilities their Integrity and skill in the Laws and Constitutions of the Kingdom to be Assessors with him in the same Court That nothing could be of more Consequence toward the Establishment of the Crown the Peace and flourishing of the Nation and calming the Minds of the People than the Assurance of Impartial Justice which he was perswaded would by the choice of their Lordships have the desir'd Effects He desir'd not to make reflections upon past Miscarriages otherwise then as to be a Beacon to keep men from making Shipwrack upon the same Rocks That the Corruptions of Mankind did often compel Justice it self to incline more to severity then were to be wish'd yet that it ought
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 possest with a pannick fear they could make little or no resistance but turn'd their backs and fled in all the confusion imaginable However our Horse and Dragoons pursu'd 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 alarm'd that the first was glad to fly without so much as Sword Coat or Hat and the other without more complement 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 detach'd 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 seem'd enclined to a vigorous opposition but our Commander perceiving the ground proper presently lodg'd a Mine under the Wall which the Enemy understanding they presently beat a parley and surrender'd themselves at discretion to the Kings mercy 'T is hardly credible that in all this Action we had not one man of all our Army kill'd 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 dammage we sustained in an action so important we got all the Enemies Bag and Baggage their Provision and great part of it was in Claret Meal c. 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. Halliburton Lieut. Middleton Lieut. Shewell Lieut. Christian Lieut. Drummond Ensign Ray Ensign Dunbarr Ensign Macnaughton Capt. Hutcheons Lieut. Beard Capt. James Buchan Capt. Brown Lieut. Searcher Lieut. Braudy Lieut. Aughmouty Ensign Rose 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 plac'd in the Tollbooth and the Canigate This Defeat as it is by the best judgments believ'd 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 incouragement 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 ther be any smack of religion amongst them 't is generally the Roman Catholick perswasion 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 ship'd 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 sweetning words and fine Stories one of the Ring-leaders among the Highlanders that had a little more sense than the rest boldly ask'd 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 reply'd that King William's Fleet were all block'd up in their Harbours by the French an imposition so gross that the Highlanders ridicul'd and disdain'd the impertinence and resented the abuse The Earl of Seaforth hereupon finding matters go very coldly for King James soon saw his errour and repented 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 Majesties 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 perswasion 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 accruing or banished their Native Countrey 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
Jurisdiction given to Bishops The 1. Act of 21. Parl. of K. J. 6. concerning the Ratification of the Acts of the Assembly at Glasgow Anno 1610. and the 1. and 2. Acts of the 22. Parl. of K. J. 6. Anno 1617. concerning the Archbishops and Restitution of Chapters and the 1. Act of the 23. Parl. of K. J. 6. An. 1621. about the Ratification of the Articles of the assembly of Perth And all Acts and Constitutions whatever prejudicial to the Church-Government by General Provincial and Presbyterial Assemblies and Kirk-Sessions or so far as they are in favour of Archbishops Bishops Abbots Priors or other Prelates whatever c. or in favor of the civil places and power of Church-men their ruling and voting in Parliament c. by vertue of their Titles or any other pretence whatever c. And all other Acts inconsistent with this present Act. Concluding with an appointment of the Time and Places for the first meeting of the Presbyterial Assemblies and empowring them to choose their Moderator with orders to give him the Oath of Allegiance and to return the Oath taken and subscrib'd to the Clerks of the Privy Council The Act presented by the Lord Cardross was the same for the settling the Church Government by General Assembles Presbyters and Provincial Synods but made no mention of rescinding the many Acts mention'd in the Lord Commissioners draught It was the same for restoring the deprived Ministers but differed in the addition of Clauses for sentencing and depriving all that gave not Obedience to the Act against the owning the late King It also made void all Patronages and Presentations to Churches an Intolerable servitude upon the Church of God with all Laws made in favour of them and particularly the 9th Act of the 1. Parl. of Charles the Second Nevertheless that the Tithes of the said Churches whereof the Patronages were abolished should belong to the Patrons and be inserted in their Infeoffments in lieu of the said Patronages with the burden always of the Ministers Right and Stipend There was also another Clause for suspending all Ministers called Conform Ministers who entered by and still continued under the Prelacy from the Exercise of any part of the Presbyterian Government only that they might continue to exercise their Pastoral Charge within their respective Parishes and hold their Kirk-Sessions for Discipline therein till farther order Declaring in the last place that their Majesties and the Estates would with all conveniency take the advice of such Ministers as were known to be of the Presbyterian Perswasion and by their advice lay down such methods as should be judged most effectual for purging the Church of all Scandalous Erroneous insufficient and disaffected persons and providing for the particular Churches with able and well qualified Ministers and establishing the Exercise of the Presbyterian Government according to the true intent of the Act. While the settling the Church Goverment was thus in debate an Address presented from the Presbyterian Ministers and Professors to the Kings Commissioner was by him given into 〈◊〉 House and there read upon the 〈◊〉 of July Wherein after they had made all due acknowledgements to God and his Majesty for their wonderful and unexpected deliverance from the Great Oppressions which they had suffer'd under the Cruelty and Ambition of the Prelacy of that Kingdom they humbly beseech the Commissioner and the Estates of Parliament seeing the King had declared and their Lordships with him had zealously appeared for the Protestant Religion That they would be graciously pleased by their Civil Sanction to establish and ratifie the late Confession of Faith with the larger and shorter Catechisms which contained the Substance of the Doctrine of the reformed Churches the directory of Worship and Presbyterial Church Government all agreeable to the Word of God and formerly received by the General Consent of the Nation And in regard that Prelacy and all who had entered under Prelacy had been imposed upon the Church without her Consent in any of her free General Assemblies and that Presbyterian Government could not be safe in the hands of those who were of contrary Principles therefore they humbly petitioned that the Church Government might be established in the hands of such only who by their former carriage and sufferings were known to be sound Presbyterians and well affected to His Majesties Government and that those Ministers yet alive who were thrust from their Churches might be restored They also pray that they might be allowed by Civil Sanction to appoint Visitations for the purging out of insufficient and scandalous Ministers and that Patronages which had their Rise from the most corrupt and latter times of Christianism might be abolished and the Church establish'd upon its former good foundations confirmed by many acts of Parliament 1560. And that all Acts ratifying Ceremonies and imposing Punishments upon Presbyterians for Non-conformity might be abolish'd and lastly that their Lordships would take care that learned sound and Godly men might be put into the Universities and Seminaries of Learning humbly submitting to their Lordships wisdom the method of considering and effectuating these their desires But neither did either of the two draughts please neither could the farther consideration of the Address be at that time entered upon For the House had made an order the day before by reason of a Letter from the King to the Privy Council and a Proclamation thereupon by them issued forth for opening the Signet not to proceed any farther in the affair of Church Government till the Letter and Proclamation were considered that in the mean time there should be a stopt put to the opening of the Signet Only they were so farr willing to gratifie the Addressers that they Voted and approved an Act for restoring Presbyterian Ministers to their Churches which was presented by Sir William Hamilton To this effect That whereas in pursuance of the Claim of Right Prelacy c. was abolished and that many Ministers of the Presbyterian perswasion since the first of January 1661. had been deprived of their Churches or banished for not Conforming Therefore their Majesties with advice of the Estates ordained that those Ministers should forthwith have free access to their Churches and exercise the Ministry in those Parishes without any new call thereto and enjoy the benefits and stipends thereto belonging with som reserve to the incumbent of the last years rent as if the Churches were not vacant But then the business of the Lords of the Sessions coming on the Question was put Whither the Nomination of the Lords of the Sessions made by His Majesty in case of a Total vacancy required the Authority of Parliament And whither it were requisite by the consitution of the Colledge of Justice that the President of the Session should be Elected by the Lords of the Session These two Points occasioned a long debate at the end of which the draught of an Act was brought in declaring the methods of naming and admitting the